6971
LEGISLATIVE COUNCIL
Tuesday 8 November 2011
______
The President (The Hon. Donald Thomas Harwin) took the chair at 2.30 p.m.
The President read the Prayers.
The PRESIDENT: I acknowledge the Gadigal clan of the Eora nation and its elders and thank them for their custodianship of this land.
ASSENT TO BILLS
Assent to the following bills reported:
Local Government Amendment (Roadside Vehicle Sales) Bill 2011 State Revenue Legislation Amendment Bill 2011 Universities Governing Bodies Bill 2011 Home Building Amendment Bill 2011 Technical and Further Education Commission Amendment (Staff Employment) Bill 2011 Payroll Tax Rebate Scheme (Disability Employment) Bill 2011 National Parks and Wildlife Legislation Amendment (Reservations) Bill 2011
ADMINISTRATION OF THE GOVERNMENT OF THE STATE
The PRESIDENT: I report the receipt of the following message from Her Excellency the Governor:
Office of the Governor Sydney 2000 Marie Bashir GOVERNOR
Professor Marie Bashir, Governor of New South Wales, has the honour to inform the Legislative Council that she re-assumed the administration of the Government of the State at 6.10 a.m. on 30 October 2011.
30 October 2011
OMBUDSMAN
Report
The President tabled, pursuant to the Ombudsman Act 1974, the annual report of the Ombudsman for the year ended 30 June 2011, received out of session and authorised to be made public on 26 October 2011.
Ordered to be printed on motion by the Hon. Michael Gallacher.
CHILD DEATH REVIEW TEAM
Report
The President tabled, pursuant to the Commission for Children and Young People Act 1998, the annual report of the New South Wales Child Death Review Team, convened by the Ombudsman, for the year ended 31 December 2010, received out of session and authorised to be made public on 26 October 2011.
Ordered to be printed on motion by the Hon. Michael Gallacher.
6972 LEGISLATIVE COUNCIL 8 November 2011
INDEPENDENT COMMISSION AGAINST CORRUPTION
Reports
The President tabled, pursuant to the Independent Commission Against Corruption Act 1988, the following reports:
1. Annual report of the Independent Commission Against Corruption for year ended 30 June 2011, received out of session and authorised to be made public on 28 October 2011.
2. Report entitled "Investigation into the Misuse of Access Rights to a Land and Property Management Authority Database", dated November 2011, received out of session and authorised to be made public on 3 November 2011.
Ordered to be printed on motion by the Hon. Michael Gallacher.
INFORMATION AND PRIVACY COMMISSION
Report
The President tabled, pursuant to the Government Information (Information Commissioner) Act 2009 and the Annual Reports (Statutory Bodies) Act 1984, the annual report of the Information and Privacy Commission for the year ended 30 June 2011.
Ordered to be printed on motion by the Hon. Michael Gallacher.
CHILDREN'S GUARDIAN
Report
The President tabled, pursuant to the Children and Young Persons (Care and Protection) Act 1998, the annual report of the Children's Guardian for the year ended 30 June 2011, received out of session and authorised to be made public on 31 October 2011.
Ordered to be printed on motion by the Hon. Michael Gallacher.
POLICE INTEGRITY COMMISSION
Report
The President tabled, pursuant to the Police Integrity Commission Act 1996, the annual report of the Police Integrity Commission for the year ended 30 June 2011, including an erratum, received out of session and authorised to be made public on 31 October 2011.
Ordered to be printed on motion by the Hon. Michael Gallacher.
DOMESTIC VIOLENCE DEATH REVIEW TEAM
Report
The President tabled, pursuant to the Coroner's Act 2009, the annual report of the Domestic Violence Death Review Team for the year ended 30 June 2011, received out of session and authorised to be made public on 1 November 2011.
Ordered to be printed on motion by the Hon. Michael Gallacher.
TRUTH IN LABELLING (FREE-RANGE EGGS) BILL 2011
Third Reading
Motion by Dr John Kaye agreed to:
That this bill be now read a third time.
Bill read a third time and transmitted to the Legislative Assembly with a message seeking its concurrence in the bill. 8 November 2011 LEGISLATIVE COUNCIL 6973
TABLED PAPERS NOT ORDERED TO BE PRINTED
The Hon. Duncan Gay tabled, pursuant to Standing Order 59, a list of all papers tabled in the previous month and not ordered to be printed.
LEGISLATION REVIEW COMMITTEE
Report
The Hon. Dr Peter Phelps, on behalf of the Chair, tabled the report entitled "Legislation Review Digest 7/55", dated 8 November 2011.
Ordered to be printed on motion by the Hon. Dr Peter Phelps.
AUDITOR-GENERAL'S REPORTS
The Clerk announced the receipt, pursuant to the Public Finance and Audit Act 1983, of the following Auditor-General's reports:
1. Financial Audit Report, Volume Three 2011, dated October 2011, received and authorised to be printed on 31 October 2011.
2. Financial Audit Report, Volume Four 2011, entitled "Focusing on Electricity", dated November 2011, received and authorised to be printed on 2 November 2011.
3. Special report entitled "Solar Bonus Scheme", dated November 2011, received and authorised to be printed on 7 November 2011, and
4. Performance Audit report of the Auditor-General entitled "Responding to Domestic and Family Violence: Department of Family and Community Services, Department of Attorney General and Justice, Ministry of Health, NSW Police Force", dated November 2011, received and authorised to be printed this day.
GENERAL PURPOSE STANDING COMMITTEE NO. 1
Government Response to Report
The Clerk announced the receipt, pursuant to standing order, of the Government's response to Report No. 36, entitled "The Gentrader Transactions", tabled 23 February 2011, received out of session and authorised to be printed on 27 October 2011.
BUDGET FINANCES 2011-2012
Production of Documents: Return to Order
The Clerk tabled, pursuant to resolution of the House of 9 September 2011, an additional document relating to the budget finances 2011-2012 received on 31 October 2011 from the New South Wales Treasury.
PETITIONS
Religious Education and School Ethics Classes
Petition opposing the philosophical ethics course currently on offer in public schools and requesting that the House support the Education Amendment (Ethics Classes Repeal) Bill 2011 and the cancellation of the ethics course, received from Reverend the Hon. Fred Nile.
Coal Seam Gas Operations
Petition requesting that the House put communities and the environment ahead of the profits of gas companies, support a moratorium on coal seam gas exploration and extraction activities, and support an independent investigation into the environmental, social and economic consequences of coal seam gas activities, received from the Hon. Jeremy Buckingham. 6974 LEGISLATIVE COUNCIL 8 November 2011
Religious Discrimination
Petition supporting the proposition that the Anti-Discrimination Act 1977 be amended to include religion as a grounds of discrimination, and requesting that the House support the amendment to the Act to make it unlawful to discriminate on the grounds of religious belief or absence of religious belief, received from the Hon. Shaoquett Moselmane.
DEATH OF THE HONOURABLE ELAINE BLANCHE NILE, A FORMER MEMBER OF THE LEGISLATIVE COUNCIL
The Hon. MICHAEL GALLACHER (Minister for Police and Emergency Services, Minister for the Hunter, and Vice-President of the Executive Council) [2.58 p.m.]: I move:
1. That this House express and place on record its deep regret in the loss sustained to the State by the death on 17 October 2011 of the Hon. Elaine Blanche Nile, a former member of this House, and
2. That this resolution be communicated by the President to Reverend the Hon. Fred Nile and his family.
On behalf of the Government, I offer our condolences on the passing of the Hon. Elaine Nile, MLC, a former member of this House and the wife of serving member Reverend the Hon. Fred Nile. Whilst I was reflecting on the career and life of Elaine, I re-read her inaugural speech to this House. She did not suffer political correctness lightly. She referred to her first speech as a maiden speech, although we do not use that term much these days. In those days it was still customary for a member to address his or her first speech specifically to a bill. Elaine addressed hers to the Summary Offences Amendment Bill. In her very first sentence on the floor of this Parliament she said, "It does not go far enough." It is fair to say that she stuck true to that commitment during the time she was a member of this House and throughout her whole life. Indeed, her partnership with the Reverend Fred Nile is testament to her strength in that regard.
As police Minister, when I reflect upon some of the tough law and order stances we have taken over the years, and will continue to take, I miss the likes of Elaine Nile. She flew in the face of political correctness and called things as she saw them. She sought and fought for the rights of families in her own way in order to bring communities closer together. In the late 1980s, when Elaine entered Parliament, it was a different time. As a then serving police officer I remember it well. The issues Elaine spoke about—familial breakdown, drug use, prostitution and the abuse of children—in some ways are still present today, but they were different back in the 1980s. Elaine applied her particular brand of belief to addressing these issues both inside this place, on the streets of Sydney, around New South Wales and internationally. Elaine was prepared to travel widely to seek advice and the latest up-to-date information from around the world and bring it back to this place to ensure that members had every opportunity to consider what she had seen firsthand.
Quite often today people will refer to reports. They will say they have read about something and have seen this or that in papers that were prepared. On the other hand, Elaine thought the best method was to go to where things that concerned her were happening. Whether in the areas of prostitution or drug abuse, Elaine went where things were being tested to try to get people out of the cycle they had got themselves into. She was prepared to travel widely and speak to experts from all sides. She did so knowing what she believed in, but she was prepared to consult with those whom she would not normally agree with. She was a listener and so she was prepared to listen. Then she would bring back to this place a preparedness to debate the issues.
It is fair to say that at the very core of Elaine Nile were her Christian beliefs. That solid foundation that was the basis of everything Elaine did in her life was there for everyone to see. When we were in opposition we would speak to her and to Fred. We knew that at the heart of everything Elaine did was the solid, Christian core of belief from which she approached each debate. She coupled that with the experience she had obtained whilst working with Fred and the church when travelling broadly around this State and internationally. She ensured we were not just theorists debating ideas; she had been to see and spoken to practitioners.
We all fought in our different ways against these problems; we did not all necessarily approach things in exactly the same way. I had a good relationship with Elaine. When I came into Parliament I had a working relationship with one of the Nile children who was a police officer. That gave me an opportunity to talk to Elaine about matters related to policing because she understood the police family. Coming into the Parliament from a policing background—which is a completely different area—sitting down and talking to Elaine and benefitting from her experience of the best way to get good outcomes in this House has stood me in good stead. It has given me an understanding that has been a real advantage to me since the moment I walked through the doors of this place. 8 November 2011 LEGISLATIVE COUNCIL 6975
Elaine will be remembered for many things, one of which is obviously her relationship with her leader, Fred Nile, in this House. They were a strong team. There is no doubt about it. Despite the way in which some tried to portray her, Elaine had her own mind on issues. She would debate those issues, but she did it within the privacy of that relationship. One would often see her taking the lead on any issue that she had felt strongly about for many years. She would lead the Christian Democratic Party's approach on such issues as she saw fit and as she believed in them. The seat that is now vacant of course will be forever remembered as the "love seat" because the two members of the Christian Democrats, Fred and Elaine, would sit there. They had a bond. It was great to see Dr John Kaye and the Hon. Jeremy Buckingham sitting there a short time ago, maintaining the traditions and rich history of that seat. I wish both of them well in forming the same sort of professional bond and the level of integrity that Fred and Elaine brought to debate in this House.
Together with a number of members of this House I was privileged to attend Elaine's service. She picked the speakers and the music. She did not pick the setting. As Fred will indicate to the House, Elaine did not think anyone would turn up. Prior to the service Fred was not able to be here to talk to members who wanted to offer their condolences privately and face to face, so we spoke to her staff and indicated that the church that had been picked was simply not going to be big enough. I will leave it to Fred to talk about the history of picking the church. We looked at the church on Google and saw that there was not even enough room in the car park. Two weeks ago the weather was quite inclement so it was fortunate there was another place that was significant to the Nile family's history that could be chosen as an appropriate venue. Elaine's service was a celebration of her life, as a wife, mother, grandmother and, quite rightly, as an honourable member of this House. Thank you, Elaine, for everything that you have done for the passage of good legislation and good government in New South Wales.
The Hon. LUKE FOLEY (Leader of the Opposition) [3.06 p.m.]: On behalf of all Labor members I endorse the sentiments expressed by the Leader of the Government. I associate all Labor members, past and present and who served with Elaine Nile, with this tribute to her life and service. In her maiden speech after the 1988 election Elaine Nile spoke of her commitment to "the people at the grassroots of society who really care about family life." That sums up who Elaine always felt she represented as a member of this place. She also thanked the people who had worked on the polling booths at the 1988 election to help her win her seat.
Reverend the Hon. Fred Nile has been a significant figure in New South Wales public life for more than 30 years—for longer than he has served in this place. We could go back to at least the 1970s, when Fred emerged as leader of the Festival of Light. I am sure he would draw our attention even further back to his starring role in the Billy Graham Crusade in the late 1960s. But as Fred emerged as a significant public figure in the life of New South Wales there was one constant, and that was Elaine. Through their young life when Fred was training for the ministry, their courtship, their engagement, and the delay in their marriage because Fred was precluded from marrying whilst continuing his studies, Elaine was there.
As he emerged as a significant leader within the Christian movement, Elaine was always there. Public life is not easy. It is especially not easy for somebody such as Fred, who is a man of strong principles and prepared to stand up for those principles and attract unpopularity in the course of arguing for what he believes in. One thing that Fred and Elaine always had for close to 60 years was their partnership. I imagine that Fred gave Elaine the strength to embark on her activism as a public figure, putting forward her own views and the views of the many people in our society who support what she said.
In her inaugural speech in this place Elaine Nile spoke touchingly of her parents. She said: "Marriage is a mystical union. When my mother died my father realised the truth of that passage from Genesis. He said, 'I feel as though part of me has gone.'" I am sure Fred Nile feels much the same now. All Labor members offer their sincere condolences to you, your four children and your eight grandchildren. The celebration of Elaine's life at Georges Hall two weeks ago was a beautiful and moving ceremony attended by so many people whose lives have been touched by you and Elaine. She battled cancer courageously for three years. We know as parliamentary colleagues what you have been through, particularly in recent months, in always facing up to your responsibilities as a member of Parliament while at the same time caring for your life partner.
The most notable thing in that beautiful and moving ceremony was on the cover of the booklet with the photo of Elaine. It did not say "Member of Parliament"; it said, "Wife, mother, grandmother". Elaine Nile had the respect of all Labor members with whom she served. We admire the strength that Fred and Elaine displayed for so long as Christian soldiers but we envy the loving relationship that you and Elaine shared for almost 60 years. Today we honour her life and her service to this State. May she rest in peace. 6976 LEGISLATIVE COUNCIL 8 November 2011
The Hon. DUNCAN GAY (Minister for Roads and Ports) [3.12 p.m.]: I would like to associate myself with the comments that have been made and with the motion before the House. Elaine Nile served the House with distinction and honour for almost 15 years, which is about double the average term of a member of Parliament. I am told that is between six and seven years. I was sworn into Parliament on the same day in 1988 as the Hon. Elaine Blanche Nile. I was one of the few conservatives amongst a bucketful of lefties in that year. We stood there together.
I went back to Crookwell the following Friday, and the first question I was asked in the main street was, "How was Canberra this week?" I still get asked, "How's Canberra?" I just say, "Fine." I have been going to Sydney for 23 years. The second question was, "Did you meet the Niles?" I said, "Yes." I thought, "First question, have you been in Canberra; second question, have you met the Niles?" The third question was, "Have you met the Niles?" I then crossed the street. Anyone who knows Crookwell will know the old Methodist church, now the Uniting Church, in the middle of the main street. All the country people come to town on a Friday afternoon and the Uniting Church ladies were holding a cake stall and offering afternoon tea. I went across and the first person I met working there was my mother. I thought, "She knows I wasn't in Canberra; she will want to know what my first week in Parliament was like." Her first question was, "Darling, did you meet the Niles?"
The importance of this couple in this State cannot be underestimated. As the Leader of the Government and the Leader of the Opposition have indicated, it was a partnership but it was a partnership in which neither was dominant. They both had their particular views within the party. You could tell when Elaine was driving the issue because Fred would be there with her, and if it was something Fred was driving Elaine would be there with him. As many people indicated, outside politics Elaine's greatest pleasures were her family, her children and her grandchildren. There are a couple of people in this place, including me, who are grandparents and it is a pretty special time in life. The Hon. Mick Veitch is one and I know there are others.
In her inaugural speech Elaine Nile said she was a Christian. She was admired for and congratulated on her unswerving commitment to her faith. She did not have to tell us she was a Christian; everyone knew she was a Christian. That is the way she was. She came from a working class family in Waterloo. Anyone who has been to Waterloo lately will know it is a much-changed place. I was talking to Fred earlier today and asked him whether it was Gardner Street and he said no, it was Cooper Street. Waterloo has changed very much in the past decade and I suspect anyone doing a pilgrimage there would notice the change. Waterloo in those days, and probably until a decade or so ago, was a pretty tough area. It would have been a hard place to grow up. We remember seeing at the celebration the photograph of Elaine and her sister. They were great family photos to celebrate her life. The other great family shot was one that people would not believe. It was almost a classic glamour pose of Fred and Elaine, the young married couple. This gorgeous looking girl and this devilishly handsome young vicar—
Reverend the Hon. Fred Nile: Devilish?
The Hon. DUNCAN GAY: Well, godlike! They were standing beside their open-top Austin tourer. It was a great photo and I am sure it is one that gives a lot of solace. Elaine was a champion for religious conservatives and she certainly pushed hard on issues that were not easy: closing private abortion clinics, drug abuse among the young, family planning, condom vending machines, and the age of consent for homosexuals. As others have said, she was brave through the three years of illness, which must have been a tough time. I remember talking to one of the left-wing Labor members, Ann Symonds—I will name her because she made a nice comment—who is an inherently nice woman. She said, "I am totally against everything in the world that Elaine Nile stands for. I am so fervently opposed to everything that she represents and believes in. My greatest problem in life is that she is so wretchedly nice."
I think that summed up Elaine. No matter what the situation was, Elaine approached it in a balanced and nice way. As the Leader of the Opposition said, she really was a great Christian soldier. That balance, the turning of the other cheek and her inherent niceness and friendliness carried her through. Whether or not you supported Elaine Nile's views, she presented them with honesty, vigour and conviction. Like many who were at the celebration—I apologise for the trouble on the roads; I left early and got there before the problem arose, but I know some of you were held up—I found the moment that touched me more than anything, and it is a thought I will take with me in closing, was the contribution by the grandchildren. It was so moving, so personal and so proper. You could tell there was great reverence and great feeling. We will miss her.
The Hon. PAUL GREEN [3.20 p.m.]: I speak on behalf of the Christian Democratic Party and to my colleague, Reverend the Hon. Fred Nile. Elaine Blanche Nile was born on 20 March 1936 in Waterloo, Sydney. 8 November 2011 LEGISLATIVE COUNCIL 6977
She was educated at Redfern Primary School and Gardeners Road High School at Mascot, where she was elected class prefect and gained her Intermediate Certificate. At the age of 14 years Elaine had to leave school to help her family and became a comptometrist. Around 1952 Elaine and Fred joined the Revesby evangelical tennis club, which dictated that they had to attend Sunday night church services—not a bad deal. After about six months they responded to an invitation by the then minister, Reverend Simon Butle, to become converted Christians.
As other members have said, Elaine took her Christian faith very seriously and soon became a Sunday school teacher. She became secretary of the Christian Endeavour Youth Group and an enthusiastic member of the church choir, where she often sang very moving solos. In 1955 Elaine became engaged to Fred, who was also a Sunday school teacher. That is interesting—it is amazing what you will do to get closer to those you love. On 6 December 1958 Fred and Elaine married at Revesby Evangelical Congregational Church. In Elaine's words, "After marriage, I was a clergyman's wife." From 1976 to 1977 Elaine was employed as a police matron at the Darlinghurst Court so that she could counsel young women facing criminal charges. I think this indicates her heart and her feeling for people. Elaine was a regular organiser, speaker and lecturer at women's Christian groups, monthly forums, protests, campaigns and conferences on various issues such as AIDS, drugs, brothels et cetera.
In 1981 Elaine gave all the support she could as Fred was unexpectedly elected to the New South Wales Parliament for a 12-year term, with 225,000 votes. From 1981 to 1986 Elaine was manager of Fred's newspaper, Australian Christian Solidarity, which involved printing and mailing 20,000 editions every month from the large garage under their Ryde home. The paper later took on the name Family World News. In 1988 the Call to Australia Party started looking and praying for a candidate who could be trusted and would be loyal to the leader—I think every party would like that. Fred woke one morning and said, "God has given me the answer to my prayer." Elaine replied, "Great, who is it?" Fred replied, "The person that is closer to me than my brother. It's you." Elaine replied, "No way. I wouldn't go to that place if you paid me." Eventually Elaine was paid to do just that. With 183,000 primary votes and 240,670 votes including preferences, she was elected to the Legislative Council. On 8 June 1988 in her inaugural speech Elaine said:
I am a Christian and I do not have any doubts about my faith as it is in the living word of God, Jesus Christ, and in the written word of God, the Holy Scriptures, the Bible. The way I live and what I believe is based on that.
In 2002 Elaine and Fred had the honour of meeting Her Majesty Queen Elizabeth II and the Duke of Edinburgh. At one stage they gathered around the fountain outside to have their photo taken. Mr Greiner accompanied the Duke of Edinburgh and explained that Fred and Elaine were the only married couple sitting together in the same chamber. The Duke asked Elaine, "Do you obey him?" Elaine replied, "We are loyal to each other and we vote the same way." She went on further to say, "You know, we are the only two people who eat together and who travel together and work together. We sit together on the same bench and as far as I know we are the only two people that sleep together." Elaine said she saw Fred's face going purple, and the Duke threw back his head and laughed.
For almost 15 years Elaine shared the balance of power, or more so the balance of prayer and responsibility, with her husband, Fred Nile, in the Legislative Council Chamber. Elaine said that although there were times when she and Fred were the only two people on one side of the Chamber and everyone else was on the other, she was happy because she had the opportunity to vote according to her conscience. As she said so eloquently, "Our conscience comes from the word of God in the Holy Bible." With over 490 entries in Hansard, Elaine spoke passionately in this place to defend the rights of the child from conception to birth, to address prostitution, brothels, innocently acquired AIDS and nude bathing—to mention a few issues. As an active, passionate member of the Legislative Council, Elaine was greatly loved by her colleagues in the Christian Democratic Party and by the wider Christian family throughout Australia and the rest of the world.
Elaine retired from Parliament in 2002 due to ill health, and in 2009 was diagnosed with cancer of the liver, ribs and spine. After extensive treatment, including 12 weeks of chemotherapy, doctors advised that it had disappeared. In July this year numerous cancers had returned, particularly to her liver. At 8.15 p.m. on Monday 17 October 2011 at Calvary Hospital, Elaine, in prayer with her husband, quietly passed into the presence of her saviour. Elaine was a lady of wisdom, discernment, understanding and compassion. One of her favourite hymns was The Lord's My Shepherd, Psalm 23. It says, "Even though I walk through the darkest valley, I will fear no evil for you are with me, your rod and your staff, they comfort me. You prepare a table before me in the presence of my enemies. You anoint my head with oil. My cup overflows. Surely your goodness and love will follow me all the days of my life and I will dwell in the house of the Lord forever." 6978 LEGISLATIVE COUNCIL 8 November 2011
With such conviction Elaine often expressed also her strong Christian faith by saying, "Absent from the body is present with the Lord." Elaine's love for her saviour, the Lord Jesus Christ, and her faithful support of and loyalty to her husband, Fred, was outstanding—a tribute to her Christian life and her values. The Lord Jesus says quite often, "They will know me by the love you have for each other." I think that was well put by the Leader of the House.
Elaine was the loving mother of four children, Stephen, Sharon, Mark and David, and a dear grandmother of eight grandchildren, Joshua, Jessica, Montana, Jack, Matilda, Lily, Elijah and Briarna. Michelle and I have had the privilege to be mentored by some very special people who I believe upheld with the highest integrity wonderful positions in this House. We count it as a privilege to have had the opportunity—even though the time was so short—to spend time with the Hon. Elaine Nile. Elaine was the mother figure of the Christian Democratic Party, and her presence and participation in our party will be greatly missed by so many. May she rest in peace.
The Hon. ROBERT BROWN [3.29 p.m.]: I speak on this occasion on my own behalf and on that of my predecessor, the Hon. John Tingle. I foreshadow that my colleague the Hon. Robert Borsak will also say a few words. I did not know Elaine Nile well but I am proud to say that I did know her. My history with Elaine probably goes back to when John Tingle was first elected to this place. John did his best to try to educate me in its workings, and on occasion I would ask him, "What are you going to do there? Are you are going to talk to the Christian Democrats?" It was interesting that on certain subjects John would say, "Yes, I will go talk to Fred about that." On other things he would say, "Yes, I'll talk to Elaine about that." That taught me one thing: Elaine Nile had her own mind. On behalf of John and I, I convey our sincere condolences to Reverend the Hon. Fred Nile and his family.
Next month would have been the fifty-third anniversary of the marriage of Fred and Elaine. During Elaine's time in this place I know that she was a champion for family, marriage and the welfare of children. Those who attended the service of thanksgiving for Elaine at the Calvary Chapel auditorium a couple of weeks ago would have seen the physical evidence of all the principles for which Elaine stood, particularly when one considers that Elaine pretty much put the whole thing together. That is what I call courage. Elaine's parliamentary record is well known. She was a hardworking advocate for many areas within the community. In her last speech in this Chamber she said:
It is part of the job of parliamentarians in this State to make good laws for parents, families and marriages so that young people will grow up knowing what is right and what is wrong and have respect …
Perhaps that is something we should all keep in mind in our deliberations on various bills—that is, to make good law. Elaine was very proud of her time in this place. In that same speech she thanked everyone for "being part of my family" and said:
In a sense we are a family— she was talking about this Chamber and Parliament—
and, like a family, we squabble and we disagree.
We spend much of our time in this place and we get to know each other's faults and virtues, and that is a good thing.
I dare say that no-one here today will disagree with that sentiment. In closing, I return to Elaine's first speech in this place. She cited one of her favourite scripture passages from Proverbs:
Whoso findeth a wife, findeth a good thing …
Obviously, a very old-fashioned saying given the time it was written. I am sure that Elaine and Fred were devoted to each other and to family. I am sure also that Reverend the Hon. Fred Nile knows that in Elaine he indeed "found a good thing". Again, on my behalf and the Hon. John Tingle and our party, our thoughts are with you, Fred, in your loss and, indeed, the parliamentary family's loss.
Dr JOHN KAYE [3.32 p.m.]: On behalf of The Greens I express our heartfelt sympathies to Reverend the Hon. Fred Nile, his family, his party and the movement from which his party evolved. We note with great sadness the passing of a significant contributor to the Christian Democratic Party and its predecessors. We note also the loss of a powerful voice within the Christian discourse not only in New South Wales and Australia, but around the world. We note also the loss of a loved family member and a long-held and cherished wife. As other 8 November 2011 LEGISLATIVE COUNCIL 6979
members have said, Elaine Nile had an interesting and diverse career serving the community before entering the New South Wales Parliament. Between 1951 and 1958 she was a comptometrist. I needed to research Google to find out what a comptometrist did, and I still am not sure that I fully understand. She then went on to do something that I believe was closer to her heart. Between 1977 and 1981 she was a police matron at Darlinghurst police station.
Having had the privilege to met Elaine Nile in 1999 as a staff member in this building, after having observed her as a public figure for a decade earlier, it is easy to envisage the sort of role Elaine would have played at Darlinghurst police station. Her capacity for kindness, to reach out to people and to understand the pain of others even when they did not share her particular beliefs would have found a good calling at the Darlinghurst police station where she worked with young women accused of crime, many of whom were in difficult straits. In 1981 she began her public career as a voice for Christian values within Australia and New South Wales as the manager of the Australian Christian Solidarity newspaper. I recall being handed a copy of that paper around 1985. Although it was put together well and some fine compositor work went into it, I did not agree with much of what I read. However, it was an important voice within the Christian community, particularly within its more conservative end.
Of course, as other members have said, in 1988 Elaine Nile became a member of this Chamber and was a serious and dedicated legislator until 2002. It is important for people from my side of politics to recognise the depth of Elaine Nile's commitment to her religious values, and the integrity and courage she took to translating those values into legislation. The Greens did not agree with much of what Elaine Nile advocated in this Chamber. It would be dishonest of me not to say that previous Greens representatives in this Chamber, Ian Cohen and Lee Rhiannon, disagreed strongly with Elaine Nile in many cases. However, at no point in any of those disagreements did we doubt that Elaine's values came from within her heart. Everything she did was to enact what she felt was fundamentally and profoundly true and right. One can do no more than pay respect to someone who acts in that fashion.
However, it is true also that, as with Reverend the Hon. Fred Nile and the Hon. Paul Green, we found things on which we agreed. One will always disagree on some things and agree on others. I recall Elaine Nile's important role in the debate over the M5 East exhaust stack. She stood up also for something that I believe is important and which has become a major debate issue: signage at level crossings. She surprised me also when she spoke in support of the Green and Golden Bell Frog at Homebush Bay. Elaine Nile and The Greens connected also on profound things, particularly our shared concern about the impacts and exploitation of gambling. I pay great tribute to some of Elaine's work in trying to use the State's regulatory powers to control the excesses of some of the gambling industry, being a voice with Reverend the Hon. Fred Nile and her successors, particularly the Hon. Paul Green, a signature activist.
It does not matter whether we agreed or disagreed with Elaine Nile on issues, she showed great courage, strength and self-control in everything she did. She showed, as legislators should, a sense of displaying what is right and wrong, as well as understanding the impacts of legislation. To the Christian Democratic Party and to the Christian movements that support it we send our sincerest sympathy. We will meet you on the battleground shortly, but in the meantime we know that you have lost a powerful voice, a mother figure, and someone who displayed some of the best attributes of your party and gave you great leadership. To Fred's children and grandchildren, you have lost a big part of your life, as happens to so many of us. It is nonetheless a painful experience and one for which we offer to you great sympathy.
To Fred, our hearts go out to you. Shortly after Elaine died I had a conversation with the Hon. Paul Green about what it means to go home at night to see our partners and feel that sense of completion. With Fred's deep spiritual understandings and commitments we know that he remains united with Elaine, but we know also that he will experience a great period of loneliness and sadness, which is the lot of man and woman. We understand that. We are with you and share that pain with you. I conclude by saying to all members present there is much in Elaine's career, and what she did here, that we can and should all learn from. She was a community figure and gave to her community the best way she could.
The Hon. AMANDA FAZIO [3.40 p.m.]: Today I wish to contribute to the condolence motion for the Hon. Elaine Blanche Nile who lost her courageous struggle against cancer on 17 October 2011. I wish to convey my deepest sympathy to Reverend the Hon. Fred Nile, MLC, the family of Elaine Nile, and especially to her grandchildren. When I was first elected to this place on 30 August 2000, Elaine Nile warmly welcomed me and very kindly took an interest in my then young children. At that time Elaine's health was not the best and she suffered from some respiratory problems but she continued to pursue her beliefs and convictions in Parliament. 6980 LEGISLATIVE COUNCIL 8 November 2011
Whilst there were a number of policy areas on which we did not agree, I was always able to have friendly conversations with Elaine on numerous areas on which we both agreed. I found Elaine to be an honest person upon whose word you could rely. She was a Christian through and through and this influenced her decision-making and her conduct every day. Unlike some who hold extreme views of feminism, I support the right of women to choose to not participate in the workforce if they prefer to give priority to their parenting role and this was one area of agreement between us. Many people who did not know Elaine Nile very well may have been surprised to know that she did have a career outside of her family duties and prior to her election to the New South Wales Parliament.
Elaine was a comptometrist—a vanished trade. Unlike many in this place I can recall what a comptometrist did and I know what a comptometrist's machine looks like. When I did bookkeeping studies in the evening while I was attending high school, the comptometrists were in the area next to us. It was a skill to be able to use a comptometrist machine quickly. Elaine practiced that skill from 1951 to 1958 during which time she supported Fred for two years while he studied full time at the Melbourne Bible College. As has been said, she was a police matron at Darlinghurst Court from 1977 to 1981, and from 1981 to 1986 she was manager of the Australian Christian Solidarity newspaper.
Following Reverend Nile's ordination by the Congregational Church, Elaine supported him in his work by undertaking leadership roles in the women's fellowship, the Christian Endeavour youth group and the Sunday School. This support continued after his election as the full-time National Director of the Australian Christian Endeavour Movement, the Congregational Board of Evangelism, the 1968 Billy Graham Crusade at Sydney Showground and as assistant minister at the Wesley Central Methodist Mission in Pitt Street. As a lapsed Methodist who attended Sunday School, Bible studies and fellowship, I can attest to the critical role that is played by the wife or partner of a minister of religion. It is a real partnership and even though only one person is appointed, and only one person is paid, the church is always getting two for one because it really does take a couple to effectively serve the needs of parishioners. This partnership between Elaine and Fred continued for their entire married life. Elaine was the loved and loving mother of four children—Stephen, Sharon, Mark and David—and dear grandmother to eight grandchildren, Joshua, Jessica, Montana, Jack, Matilda, Lily, Elijah and Briarna.
During her parliamentary career Elaine Nile never wavered from her strong Christian values, her support for a constitutional monarchy, and her support for religious freedom—most recently for Coptic Christians who face persecution in Egypt. Elaine also supported reforms on cigarette advertising, smoking in public and air pollution. Since her passing I have had conversations with many long-term staff of the Parliament and noted how sorry they were to hear of Elaine's passing because they always found her to be such a nice, polite and caring person. Prior to her retirement Elaine would often tell me that she wanted to spend more time with her grandchildren and that she was looking forward to getting this opportunity.
After her retirement Elaine continued to be active in supporting her many policy interests and contributed on a regular basis to Family World News. Whenever I ran into Elaine after her retirement she would always ask after my children and would happily keep me informed about her own grandchildren. I believe she really enjoyed the role of grandmother. My children asked me to pass on their condolences as they regularly had conversations with Elaine when she came in to the Parliament. She was very proud of the achievements of her children and particularly proud of her grandchildren. I know that they will miss her greatly.
At times like these faith can be a great comfort but it is still very sad for any family to lose their beloved wife, mother and grandmother. The service of thanksgiving for Elaine's life was not really that sad. It was a celebration of a life lived well, and the contributions made by the family were very heartwarming. Elaine Nile will be remembered as a loving wife, mother and grandmother and as an effective advocate for her Christian beliefs in the New South Wales Parliament.
The Hon. DAVID CLARKE (Parliamentary Secretary) [3.45 p.m.]: To have known Elaine Nile and to have been a friend of Elaine's is an experience in my life that neither I nor my wife would not have wanted to miss. The attendance of more than 800 people at the Calvary Chapel auditorium a few days ago for a service of thanksgiving for the life of the Hon. Elaine Nile was testament to the love, affection, respect and regard that so many in the community felt towards Elaine. Those who attended that day—people from all walks of life, from all parts of the political spectrum, from diverse religious denominational backgrounds, from numerous ethnic and cultural backgrounds—were representative of a wider spectrum of thousands of people who knew Elaine as a friend. Beyond that there was a wider number from across the State and nation and internationally as well who whilst not having known Elaine personally admired and identified with the values she upheld and values that she practised in her own life and for all of her life. 8 November 2011 LEGISLATIVE COUNCIL 6981
Her marriage to Fred, which in a few days would have made 53 years, was a wonderful thing to behold. Never was there better testimony to the sanctity, beauty and nobility of marriage than the marriage of Elaine and Fred. Their 53-year marriage is the way that marriage was meant to be lived. Elaine and Fred's extended family of children and grandchildren, gathered around Elaine as mother and grandmother and Fred as father and grandfather, is the way that family life is meant to be lived. The home of Elaine and Fred was, to those who knew them well, a happy and contented place. It always was. All her life Elaine upheld family life as an ideal and their family was seen as an ideal family. I do not want to talk about the many achievements in public life of Elaine because they have been mentioned very eloquently by others here today. In any event, those public life achievements speak for themselves.
However, Elaine was a great fighter for what she believed in. She was a crusader, she energised those around her, and she inspired many thousands of people. She looked to the Holy Spirit for strength for her work; she fervently asked for that strength and it was given to her in abundance. It was her all-powerful weapon, a guiding force in her life, a guiding force that was with her every day of her life, and we all knew that. Those 53 years of partnership with Fred was a partnership for good and decent things. It was a partnership to support good ideals, family ideals, and it was a partnership for Christian life and values. The good deeds and works of Elaine, her acts of kindness, her acts of charity, her perseverance in difficult times and a hostile environment will continue to have a ripple effect that continues in ways that cannot be measured because those ripples for good go on and on.
My wife and I will deeply miss the Hon. Elaine Nile. We extend our heartfelt condolences and best wishes to you, Fred. I know that the loss of Elaine from your side, on this earth at least, will create a vacuum that can never be filled and never will be filled and never should be filled. But you would surely know that Elaine would be telling you even in her absence you should continue in public life to stand firm for the things that you and so many others believe in. You would surely know this is what Elaine would want you to do and we who knew her know that as well.
My wife and I also extend our heartfelt best wishes and condolences to the children and grandchildren of Elaine and Fred. They were and are loving children and grandchildren. Those who knew Elaine know the pride and love that she had for them all and they in return loved their mother and grandmother. They admired and were proud of the courageous stand she took in public life and the courageous stand she took for her faith. She was a lady of heroic virtue. She was a person cast in a hero's mould. Now she is in the beatific vision and presence of our blessed, loving, welcoming Lord, there for all eternity in happiness and contentment. The friendship of my wife and I with Elaine and our good, happy and uplifting memories of her will always and forever remain in our minds and our hearts.
The Hon. ROBERT BORSAK [3.50 p.m.]: I speak to this motion to add my personal condolences to Reverend the Hon. Fred Nile, and the extended Nile family, the children and grandchildren. Whilst I had the pleasure of meeting Elaine only once whilst visiting John Tingle in this place, I get the feeling that knowing Fred was to know Elaine. Words make little difference at a time like this, but I hope Fred and his family take comfort from the fact that Elaine was held in such high regard by so many people with whom she came in contact both in this place and in the wider community.
It was touching to attend the service of thanksgiving for the life of Elaine at Georges Hall a couple of weeks ago, where so many of her family and friends gathered to pay their respects. The order of service and hymns were prepared by Elaine. The service spoke volumes about what a well-loved person she was. I also take this opportunity to offer condolences on behalf of all members of the Shooters and Fishers Party. I know that John Tingle worked closely with Elaine in this place on many issues over the years. I hope Reverend the Hon. Fred Nile takes comfort in the fact that the memory of Elaine will live on because of the person she was and the good that she did for all people in all walks of life.
The Hon. JENNIFER GARDINER [3.51 p.m.]: I join my colleagues across the House in offering condolences to Reverend the Hon. Fred Nile, his family and the Christian Democratic Party on the passing of Elaine and in paying tribute to her life in public service and in this Chamber. The Hon. Elaine Nile served in the Legislative Council for almost 15 years, resigning in 2002 due to ill health. It was always a pleasure to see Elaine whenever she came back to this House in the years since then.
The Hon. Elaine Nile was probably possessed of all the Christian values. She was a gentle and friendly woman. But it was her kindness and compassion for the condition of others that I will remember her for above all else. As Mark Twain said, "Kindness is the language which the deaf can hear and the blind can see." Elaine 6982 LEGISLATIVE COUNCIL 8 November 2011
had an eye out for others in the Parliament, and, I have no doubt, beyond the Parliament, who may have been sick or suffering in some way. She would unobtrusively ask after them and if she could would offer some help or advice to them. The most famous of Adam Lindsay Gordon's verses is this one, which I believe applies to Elaine Nile:
Life is mostly froth and bubble, Two things stand like stone, Kindness in another's trouble, Courage in your own.
Vale Elaine.
The Hon. GREG PEARCE (Minister for Finance and Services, and Minister for the Illawarra) [3.53 p.m.]: I share my condolences with the Nile family, Fred Nile in particular, and all those who were touched by and close to the late Elaine Nile. I had the good fortune in the first two years of my membership of this House to be a colleague of the late Elaine Nile. Unfailingly she showed a level of good grace and humour that is sorely missed these days. Elaine was always one who could be relied upon to stay calm but with that almost wispish smile. She had a great sense of humour.
I also was honoured to be able to attend the recent service of thanksgiving where I was very moved by the commitment of family members. Reverend the Hon. Fred Nile should be very proud of his children and grandchildren and all the friends and colleagues of Elaine and Fred who were in attendance, many of whom are in the gallery today. I was always struck by Elaine's qualities: her kindness, her sense of humour, her devotion to faith and her devotion to community. The late Elaine Nile will be missed by all of us, but her example will live on. Vale Elaine Nile.
The Hon. PETER PRIMROSE [3.55 p.m.]: With the imminence of question time, I will be very brief. I echo many of the wonderful sentiments that have been expressed on this motion so far. I came into this place on the same day in 1996 as the Hon. Michael Gallacher, the Leader of the Government. We had the opportunity for a number of years to know Mrs Nile as a legislator. I will call her Mrs Nile because that is how I remember her and respect her. That is what I would like to briefly reflect on. One thing that surprises me is the perception that Mrs Nile had a limited range of interests. People talk about her as a moral crusader, and indeed she was. As has been indicated, she had strong convictions and she played out those convictions in her beliefs, her views, and her vote on a whole range of issues.
I went back to the 1996 Hansard because I wanted to look at the breadth of issues that Mrs Nile had been involved in. I will refer to just a few from 1996: Female police officer discrimination, HomeFund compensation costs, Crimes Amendment (Court Fingerprinting Scheme) Bill, hotel poker machines, ovine Johne's disease, poker machines in hotels, Police Service language standards, parliamentary crest, Illawarra health services, leukaemia treatment, Panama banana disease, Firearms Bill, public hospital bed closures, Menai police numbers, Aboriginal affairs, Sutherland water pollution, political code of conduct, regional employment, Endeavour High School upgrade, school terms, Diabetics Needle Distribution Program, Higher School Certificate study texts, Public Health Amendment Bill, Reef Beach, children's hospitals, and name changes. That is to name just a few.
The message that I want people to remember is that Mrs Nile took a great interest in an extremely broad range of matters that affected people in this State. She touched everyone in this Chamber and in this State. Reverend the Hon. Fred Nile, as I said to you at the celebration of Mrs Nile's life a couple of weeks ago, she was a nice lady. That is how I remember her and that is how I suspect many people will continue to remember her.
The Hon. MATTHEW MASON-COX (Parliamentary Secretary) [3.58 p.m.]: Elaine Blanche Nile, née Crealy, was born on 20 March 1936 and died on 17 October 2011 aged 75 years, almost 53 years of which she spent as the loving, devoted wife of our friend and colleague Reverend the Hon. Fred Nile. Elaine was a member of this great House from 19 March 1988 to 27 August 2002—14 years, 5 months and 9 days. Sadly, I missed the opportunity to serve with Elaine, but I fondly remember her as a gentle, peaceful lady always by Fred's side. It was my honour to attend Elaine's funeral on 26 October at the Calvary Chapel auditorium, Georges Hall. There I learnt much more about this wonderful lady, some of which I want to share with members today.
Elaine was the third-born child of Luke and Jessie Crealy, née Allen, and older sister to Grace and brother, Paddy, who died aged eight. Typically, Elaine carried a picture of him all her life. Elaine's father was a 8 November 2011 LEGISLATIVE COUNCIL 6983
glass blower, her mother a biscuit factory worker. She lived in Waterloo and attended Redfern Primary School and Gardeners Road Girls High School in Mascot. Elaine left school at 14, having gained her Intermediate Certificate, to help her family financially. She worked as a comptometrist in accounts for various companies from 1950 to 1959.
Pursuant to sessional orders business interrupted at 4.00 p.m. for questions.
Item of business set down as an order of the day for a later hour.
QUESTIONS WITHOUT NOTICE ______
POLICE DEATH AND DISABILITY SCHEME
The Hon. LUKE FOLEY: My question is directed to the Minister for Police and Emergency Services. Why did the Minister walk away from negotiations with the New South Wales Police Association on proposed changes to the New South Wales Police Death and Disability Scheme?
The Hon. MICHAEL GALLACHER: I indicate at the outset that we did not walk away from those discussions. Some people are suggesting that no discussions took place, but I advise that a series of meetings took place over a number of months with a team of individuals from the New South Wales Police Association, the New South Wales Police Force, my office, Treasury and the Ministry. Those meetings were about working through the reform structure. At the end of the day we looked at what information was available to us and the cost of the scheme, and we continued to talk with people from the insurance industry. It is frightening that only one insurer was prepared to sit down and look at this scheme, and that was because of the claims history left by those opposite. I am looking forward to more questions today that will give me an opportunity to further elucidate upon the performance of the former Government.
In response to the question from the Leader of the Opposition I say that we did not walk away from the negotiations. We were very clear: we looked at the parameters we were given. The association put in writing that it was not prepared to negotiate on any increased cost to police officers—employees—beyond the 1.8 per cent that had already been agreed to. More importantly, the association also indicated that it was not prepared to negotiate on any reduction in benefits to police officers. If the association is not prepared to negotiate incoming revenue and if it is not prepared to discuss benefits, our ability to look at the scheme is limited.
The Hon. Eric Roozendaal: Welcome to the world of the police Minister.
The Hon. MICHAEL GALLACHER: And we will talk more about you too, Eric. Thank you for reminding me. This will be an excellent opportunity. When I entered the Ministry after taking over from that lot opposite I wondered why they left me the gift of a mop and bucket. Then I realised it was to clean up the mess that they had left—and not only in relation to policing. We had extensive discussions with the association. The negotiating committee met for the first time on 27 July 2011, and I am advised that the committee met seven times, with the last meeting on 2 September 2011.
The Hon. Duncan Gay: Hardly no negotiations.
The Hon. MICHAEL GALLACHER: Hardly no negotiations, indeed. The final costing by Tower— the one insurer that was prepared to sit down and look at the scheme—was provided on 31 October 2011. Upon receiving the costing, the Government considered it and on the Wednesday after Melbourne Cup day I sat down with representatives of the association and told them about the proposal that had been put by Tower.
INTEGRATED TRANSPORT SERVICES
The Hon. JOHN AJAKA: My question is directed to the Minister for Roads and Ports. Will the Minister update the House on the New South Wales Government's commitment to integrating transport services in New South Wales?
The Hon. DUNCAN GAY: Members opposite do not like to hear good news. We can hear the groans from the other side of the Chamber. Because they could not do it, did not want to do it, and did not have the wit to do it, does not mean that the integration of transport services is not good: 1 November marked the start of true integration across all modes of transport with the formal creation of the new agencies Transport for NSW and 6984 LEGISLATIVE COUNCIL 8 November 2011
Roads and Maritime Services. The New South Wales Liberals and Nationals took to the election a policy to create an integrated transport agency, and yet again we have delivered on another of our election commitments. With this change comes renewed focus on the customer experience, ensuring the customer is at the centre of everything we do. This is truly a turning point for transport delivery in New South Wales.
Transport for NSW is now responsible for improving the customer experience, planning, program administration, policy and regulation, procuring transport services, transport projects and freight and regional development. Passengers on buses, trains and ferries, motorists, long-distance truck drivers—all the citizens of New South Wales—will benefit from the establishment of Transport for NSW and the changes to the way that agencies do business. Plans will be more cohesive and integrated, the single transport budget will be better focused, and projects will be aligned to the needs of our communities.
The new Roads and Maritime Services will focus on service delivery. It will concentrate on delivering on the key tasks of building and maintaining road infrastructure and the day-to-day compliance and safety of roads and waterways. The New South Wales Roads and Maritime Services agency will be led by Peter Duncan, whom I recently announced as the new chief executive. The new agency will focus on improving customer service while ensuring cost-effective delivery. Roads and Maritime Services will be working towards integration so that transactional services such as driver and maritime licences can be obtained from the one location. However, it will take some time to integrate all services and we will keep our customers and the House informed during the transition. In the meantime, we will continue to provide licensing, registration and other customer services without disruption.
As I have said on previous occasions, Transport for NSW comprises six divisions. The customer experience division, led by Deputy Director General Tony Braxton-Smith, will ensure that transport planning, policy, investment and services are driven by customer needs. The planning and programs division, led by Deputy Director General Carolyn McNally, brings together planning for all modes of transport and establishes close links between the planning and development of transport investment programs. The policy and regulations division, led by Deputy Director General Tim Reardon, will drive strategic policy and regulation for the Transport portfolio and shape the New South Wales contribution to the national agenda. The transport services division, led by Deputy Director General Fergus Gammie, will plan and procure the best possible transport services in New South Wales. The freight and regional development division, led by Director General Rachel Johnson, will integrate freight strategies. [Time expired.]
POLICE DEATH AND DISABILITY SCHEME
The Hon. ADAM SEARLE: My question is directed to the Minister for Police and Emergency Services. I refer to the Minister's comments in Hansard on 9 May 2011 in relation to the Police Death and Disability Scheme when he said that he would put in place "arrangements to ensure injured officers receive adequate compensation and are treated with respect". How does ending negotiations with police show them respect?
The Hon. MICHAEL GALLACHER: We have stuck true to what we said. While the member is engaged in his research of this scheme I direct him to debate in this House in 2005 when we started talking about this very scheme. The Hon. Eric Roozendaal, who is not in the Chamber at the moment, introduced this very scheme in this House. In 2005 I put on record that unless the Labor Government at that time changed its approach of simply relying on lump sums and not focusing on injury management to get police officers back on their feet, we would have a situation whereby police would take the money and leave. I said that this would happen if there was no focus given to getting injured police officers back to work, either within or outside the Police Force.
Labor holds itself up as the voice of workers, yet this experiment with the Death and Disability Scheme is proof positive of how the previous Government failed ordinary workers. Labor's approach to this scheme since 2005 and its political contributions over the last couple of days to this issue have been an absolute disgrace. The scheme that it put in place was not only financially irresponsible and unsustainable, but also morally reprehensible—as was its reliance on a system that patted injured cops on the back, pushed them out the door with a cheque, and bade them all a fond farewell.
I said in 2005 that I hoped that the then Labor Government would recognise that, unless it exercised control over the state of morale in the New South Wales Police Force at the time and the problems that were being caused by injuries, the police budget would explode. Well, it has exploded. It exploded under Labor's 8 November 2011 LEGISLATIVE COUNCIL 6985
control and Labor members knew it. They knew it when they renegotiated a wage claim in 2009 and they delayed the commencement of the Death and Disability Scheme until after the election because they knew that the future Government would have to deal with whatever was in that bucket. It is an absolute disgrace for Labor to try to make out that its members have all just stepped off the Good Ship Lollipop and are looking after workers.
This Government has been true to its word. We are looking at income protection for injured workers. We are looking at investing significantly in a scheme that will get injured cops back on their feet, either in the Police Force or out of the Police Force. We are giving them their lives back. Labor's approach was, "Here, have your cheque. There's the door. Take your problems with you because we don't care." It is a disgrace that Labor should oppose reforms to a scheme that was entirely of its making. I remind them all of what they have said over the years about supporting police officers. They put this scheme together. The Auditor-General warned them in 2008 and they did nothing about it. Those opposite played for time and, quite simply, no-one believes a word they say.
TAMBERLIN INQUIRY
Reverend the Hon. FRED NILE: My question is directed to the Minister for Finance and Services, and Minister for the Illawarra. Justice Brian Tamberlin, QC, stated in his recent report that the gentrader transactions undertaken by the former Labor Government were not a "fire sale" but, rather, fiscal measures that were "reasonable and appropriate". Is the Minister aware that Justice Tamberlin's report contradicts the previous findings of this House in its own inquiry and the recent findings of the New South Wales Auditor-General, who found that the sale of the generators resulted in a loss of nearly $2 billion? Can the Minister provide some clarity and inform this House and the good people of this State what took place?
The Hon. GREG PEARCE: I thank Reverend the Hon. Fred Nile for his question. I compliment him for his dedication and hard work in this House over many years. As honourable members know, part of his important work was the conduct of the inquiry into the gentrader transactions, which took place late last year. I wish to quote from a number of articles about the most recent reports. Reverend the Hon. Fred Nile is absolutely correct: the Auditor-General has now found, contrary to the claims of Labor that the people of New South Wales received $5.3 billion on the transaction, that the net amount received by the people of New South Wales was $1.2 billion. That is consistent with the report of the committee chaired by Reverend the Hon. Fred Nile that was accepted by this House earlier.
The Auditor-General noted that the generators dropped in value by $1.8 billion. That is quite extraordinary. The Auditor-General commented that the proceeds were less than half the carrying value of the assets that were given away by the previous Government. That again is consistent with the inquiry report and the findings of this House. Justice Tamberlin was consistent. He said that the Government chose the second-best option. His adviser, the expert Donald Challen, said that the Labor Party compromised the full sale of the power assets because of the process that was undertaken. Indeed, Justice Tamberlin commented that some bidders were deterred. What Labor accepted and rammed through at midnight, having forced directors to retire, was the second-best process, and even Justice Tamberlin commented that bidders were deterred.
The PRESIDENT: Order! There is far too much audible conversation from the Opposition benches. The Minister has the call.
The Hon. GREG PEARCE: On Monday 31 October the Government received the Tamberlin report and released it straightaway because we are a transparent and accountable government with nothing to hide. The report made a series of recommendations about the future of the New South Wales electricity industry. The report recommends the sale or long-term lease of generation assets and the sale of development sites and the Coborra mine. It recommended further that the Government make a decision about network businesses at a future point. As has been indicated previously, the Government will consider the recommendations and respond to the report by Christmas. The report confirmed that Labor's sale of the gentrader rights was the second-best option.
The PRESIDENT: Order! I call the Hon. Eric Roozendaal to order for the first time.
The Hon. GREG PEARCE: Let us remember 26 March when the people of New South Wales made their judgement. Justice Tamberlin made his judgement— [Time expired.] 6986 LEGISLATIVE COUNCIL 8 November 2011
POLICE DEATH AND DISABILITY SCHEME
The Hon. NIALL BLAIR: My question is addressed to the Minister for Police and Emergency Services. Would the Minister update the House in relation to the $15 million package to improve injury practices within the New South Wales Police Force?
The Hon. MICHAEL GALLACHER: This is an important issue for those who are genuinely concerned about the welfare of our police. The scheme is significantly failing injured workers by not getting them back to work. The focus of the new scheme is to return officers to work.
The PRESIDENT: Order! I call the Hon. Amanda Fazio to order for the first time.
The Hon. MICHAEL GALLACHER: The current scheme provides benefits to officers only if they stay away from work for a long time. Assistant Commissioner Peter Gallagher has carried out a detailed review on injury management practices within the New South Wales Police Force. The review found that the Police Force has excellent injury management practices subject to continuous improvement. But we think we can do more, and there is potential to do things better. That is why the Government has established an injury management fund of $15 million over the next three years. The fund will allow the injury management initiatives prioritised by the New South Wales Police Force to be trialled and evaluated over an initial three-year period. Initiatives will be funded on approval by the New South Wales Police Force and the Treasury based on a detailed business case. An agreed framework and evaluation criteria will be developed to aid in the development, assessment and review of the relevant merits of the business cases.
It is expected that any business case could demonstrate, amongst other matters, the existing resources proposed to be allocated to the project from within the NSW Police Force or additional resources that might be available from project partners, including, for example, the Police Association of New South Wales, relevant insurers, or universities interested in injury management research. This money is already in the process of being spent, with the first three years of funding to focus on short- and long-term trials. Funding from the fourth year onwards will be available to allow for the most successful trial initiatives to be funded on a long-term and statewide basis.
POLICE DEATH AND DISABILITY SCHEME
Mr DAVID SHOEBRIDGE: My question is directed to the Minister for Police and Emergency Services. Given the police death and disability award places an obligation on an injured police officer to accept one of three reasonable offers of suitable police position as per the Permanent Restricted Duties Policy and failure to accept an offer made by the NSW Police Force will jeopardise death and disability benefits, how many actual offers of redeployment were made to injured officers in 2010-11 by the NSW Police Force?
The Hon. Greg Pearce: Since when did The Greens care about police?
The Hon. MICHAEL GALLACHER: We find ourselves in an interesting paradigm. The police will say that one of the most important tools they have available to them to protect police officers from being injured on our streets—on which both sides of the House agree—is a taser. Who are the strongest opponents of police having tasers in New South Wales? It is The Greens. Now, of course, they love police and they want to help them with injury management and to stand side by side with them. The Greens are the same people who opposed what I said when I had the audacity during Labor's 2000-01 reforms to workers compensation to speak about the unique nature of police work. They opposed it on the basis that they did not believe there should be any special package for New South Wales police officers at all. They did not believe there was a case to be made for it. Of course, everything has changed now. It is a remarkable case of hypocrisy that for any number of years now—
Mr David Shoebridge: Point of order: It may be politically convenient for the Minister to not answer a very specific question and to hide behind political rhetoric—
The PRESIDENT: Order! There is no point of order. The member will resume his seat. When the member takes a point of order he should confine himself to the terms of the point of order and not make debating points.
The Hon. MICHAEL GALLACHER: I am more than happy to respond if the member has detailed questions asking for specific numbers, which this House will have an opportunity to explore in great detail in the 8 November 2011 LEGISLATIVE COUNCIL 6987
not too distant future, but he should not think for one moment that if we start to go into detailed and unique numbers that I may or may not have available to me right now it will somehow earn him brownie points. He should be standing up—
Mr David Shoebridge: Point of order: The Minister is now challenging the basis of the question as opposed to answering the question. Could the Minister address his answer to the very specific question of how many offers of jobs there were for injured police? He should know that.
The PRESIDENT: Order! The Minister is addressing the subject of the question. He is not debating the question.
Mr David Shoebridge: You should know how many job offers.
The Hon. MICHAEL GALLACHER: The member talks about job offers. I would like to hear whether The Greens have changed their view on protecting police in relation to matters such as police being entitled to a separate scheme or to a scheme different from that available to the rest of the workforce. Have The Greens changed their mind on tasers—that very important tool that is available to police to protect them in their work? Have they changed their mind or is this more a case of political opportunism by The Greens to try to get up on the inside and be friendly with an organisation? It beggars belief, given their track record, that they could in any way suggest that they are now somehow supportive of injured workers in New South Wales. As I have indicated, the member should not bother coming in here to ask detailed questions and then become outraged if we do not have the number available at this moment— [Time expired.]
POLICE DEATH AND DISABILITY SCHEME
The Hon. SOPHIE COTSIS: My question is directed to the Minister for Police and Emergency Services. Given the comment of the Premier during question time in the other place today in relation to the New South Wales Police Association's position on the death and disability scheme that "there is no magic pudding", how can the Minister claim that he entered into negotiations with police in good faith?
The PRESIDENT: Order! The Hon. Dr Peter Phelps will come to order.
The Hon. MICHAEL GALLACHER: Before the member sat down she called out, "Give us the details." I am happy to give her the details of a very poorly structured scheme introduced by the former Labor Government. As I have said, it is very important for members opposite, particularly new members who want to distance themselves from the days of the Hon. Ian Macdonald and the Hon. John Della Bosca and those characters who used to lurk around this building and come up with policy ideas, to remember what their predecessors put in legislation and had set in concrete before we move forward with legislation in New South Wales. The scheme was established by the former Labor Government in 2005. Between 1988 and 2005 there was no such scheme. For many years the police had been calling for a scheme. There will be ample examples in Hansard when we spoke about the disparity and the need to reform the scheme.
The former Government came forward with a scheme in 2005. We were given a commitment by that Government that the scheme would be sustainable and that it would give police a level of certainty. One need only look at the scheme to see how fiscally irresponsible it was. Members should not forget that the former Government lacked focus on getting injured workers back to work. We spelt that out in 2005. The finances of this scheme speak for themselves. The numbers are very frightening. The benefit paid last year was $140 million; the benefit paid in the previous year, 2009, was $117 million; the benefit paid this year is $150 million. The Labor Government was financially incompetent and it has put police at risk.
In his report in 2008 the Auditor-General spoke about this scheme spiralling out of control and the liability for the Police Force. He spoke about costs blowing out. I ask members to think about where we are now in terms of the cost of the scheme, where we are in terms of lost opportunities to get injured police back to work, and where we are now with the insurance industry, which says, "I am looking at your claims history and I do not want to be involved in this." Over six years there was no focus by the former Government on trying to get injured police back to work.
We have spoken with the association and I would like to think that we will continue to speak with the association. However, as the association spelt out in its submission to us and to members opposite, two things were not negotiable. The first of those was the cost to employees. We have agreed to that. We are not asking for 6988 LEGISLATIVE COUNCIL 8 November 2011
police to pay any more than the 1.8 per cent that members opposite put in place even though the scheme is now financially unsustainable. We are not asking police to pay more. We have sat down with the insurance industry and said— [Time expired.]
ILLAWARRA EMPLOYMENT
The Hon. MATTHEW MASON-COX: My question without notice is addressed to the Minister for Finance and Services. Can the Minister update the House on the Illawarra jobs market?
The PRESIDENT: Order! The Leader of the Opposition will come to order.
The Hon. GREG PEARCE: I thank the Parliamentary Secretary for his question. I am pleased to inform the House that recently I attended the Illawarra jobs market at the Illawarra Hockey Stadium in Unanderra.
The New South Wales Government participated in the jobs market, which provided advice and information on employment opportunities for workers affected by job losses at BlueScope Steel's Port Kembla steelworks—did you ever go to the office, Eric?—and other job seekers across the region.
THE PRESIDENT: Order! I call the Hon. Eric Roozendaal to order for the second time.
The Hon. GREG PEARCE: I am pleased to report that there were more than 80 stalls from employers around Australia offering in excess of 13,000 positions to job seekers across the region. I am advised that there was a strong response from the local community. Around 2,000 workers attended the jobs market, many of whom requested or filled out forms expressing an interest in receiving training assistance to assist them in finding another job. The overall mood was of a community uniting in difficult circumstances, encouraged by employers and support from all over the country. Over coming weeks and months the New South Wales Government will work with the Federal Government and local government, business groups, the University of Wollongong, education providers and people affected by BlueScope's decision to build new job opportunities in the Illawarra.
I was also privileged to launch the thirty-fifth International Symposium on Application of Computers in the Minerals Industry, APCOM for short, at the University of Wollongong. The symposium ran from 24 to 30 September 2011 and attracted 180 visitors, 130 of whom were international visitors. Since it began in Arizona in 1961, the symposium series has become a major driver of innovation and best practice in the minerals industry. The symposium covered a broad range of topics, including areas such as geological modelling, mine design, simulation, process optimisation and control, information systems and database management systems, artificial intelligence, neural network applications, remote sensing and tracking, and mineral policy analysis.
It is an achievement in itself for the Illawarra branch of the Australian Institute of Mining and Metallurgy to secure the right to host the International Symposium on Application of Computers in the Minerals Industry. It was the first time in its 35-year history that it has been hosted in New South Wales. I particularly congratulate the symposium chair, Associate Professor Ernest Baafi, of the University of Wollongong and the symposium organising committee on securing and hosting such an important event for the Illawarra and New South Wales. We already are working hard to improve the economic prosperity of the region with our jobs action plan, the empty-nesters, the abolition of Labor's home buyers tax and the regional relocation grants. In our first six months we have done more for the region than that lot opposite did in 16 years.
COAL SEAM GAS EXPLORATION
The Hon. JEREMY BUCKINGHAM: My question without notice is directed to the Minister for Roads and Ports, representing the Minister for Energy and Resources. Does the Minister support yesterday's call by Federal Nationals leader, Warren Truss, that coal seam gas development must not occur close to existing residential areas?
The Hon. DUNCAN GAY: I am pleased the member has been watching my Federal colleagues; that is a lesson in policy development. They actually go into a room, talk and address the issues. That approach is very different to that of The Greens, who get out the spirit fingers to make decisions. Anything that Warren Truss says must be good because he is a man of great wisdom and thought. He believes in the country. 8 November 2011 LEGISLATIVE COUNCIL 6989
The Hon. JEREMY BUCKINGHAM: I ask a supplementary question. Given the Minister's support for Warren Truss's comments, will he rule out approving AGL's project to extend its Camden gas project into Campbelltown and the Scenic Hills?
The Hon. Rick Colless: Point of order: That is totally a new question.
THE PRESIDENT: Order! The Hon. Rick Colless is correct. That is not a supplementary question.
TRANSPORT FOR NSW STAFFING ARRANGEMENTS
The Hon. PENNY SHARPE: My question is directed to the Minister for Roads and Ports. Does he stand by his comments to the House on 23 August 2011 when introducing the Transport Legislation Amendment Bill 2011 that, "Until the Industrial Commission of New South Wales has handed down the award no employees will be transferred to Transport for New South Wales"?
The Hon. DUNCAN GAY: The speech that I made when I introduced the bill to the House in its entirety, before it was gutted by the Labor Party, The Greens and their mates, left us no alternative.
The Hon. Penny Sharpe: Point of order: The Minister is canvassing a decision of this Chamber. He is out of order.
The Hon. Dr Peter Phelps: To the point of order: The nature of the original statement surely has some reference to the subsequent events. If we cannot allow a discussion of subsequent events to clarify the previous statement, that is nonsense.
THE PRESIDENT: Order! It is out of order for any member at any time to reflect upon a vote of the House. However, the Minister is entitled to outline the chain of events that led him to his decision. Therefore, he is giving relevant information and he is in order. The Minister has concluded his answer.
PREPARE.ACT.SURVIVE CAMPAIGN
The Hon. SCOT MacDONALD: My question without notice is directed to the Minister for Police and Emergency Services. Will the Minister update the House about the Prepare.Act.Survive public awareness campaign?
The Hon. MICHAEL GALLACHER: The devastating Black Sunday bushfires in Victoria were Australia's worst ever peacetime disaster, killing 173 people and destroying thousands of homes and businesses. In the wake of this terrible disaster the community expects the Government to inform and educate it about the threat of bushfires. As a result, governments throughout the country, including New South Wales, have strengthened campaigns to educate the broader communities about how best to prepare for and respond to bushfires. I am pleased to remind the House that the New South Wales Liberal-Nationals Government allocated $2.2 million to repeat the Prepare.Act.Survive campaign for 2011 and 2012, and for future years. The campaign has been running from 1 October 2011 and will continue until March 2012. It focuses on increasing the public's familiarity with understanding bushfire alerts, the levels and fire danger ratings, as well as bushfire survival plans and the importance of preparation.
It is important also to note that due to the dramatic increase in vegetation growth, New South Wales is facing its most extreme risk of grassfires in more than 20 years. That is why the Government has also funded a secondary television, print and radio advertising campaign that focuses on the increased risk of grassfires this season. Grassfires are a specific threat. They differ from standard bushfires due to conditions in which they normally burn and the way in which they move extraordinarily quickly, spreading over large distances, threatening lives, and destroying homes and crops in their wake. There have been scores of grassfires around the State since the start of the bushfire season. The grassfires public awareness campaign aims to increase awareness of the heightened risk of grassfires and to encourage the community, particularly rural landholders, to prepare for and reduce the grassfire risk.
The campaign provides practical advice to help people to reduce the impact and effects of grassfires, such as regularly cutting or mowing grass and vegetation growth on their properties. It provides them with the steps they should take to prepare themselves and their properties in the event of a fire. The messages from both campaigns are well received by communities throughout New South Wales. However, it is clear also that efforts 6990 LEGISLATIVE COUNCIL 8 November 2011
to increase public awareness and preparedness for this bushfire season will need to continue in the coming months. The Prepare.Act.Survive campaign will continue to assist the New South Wales community to be ready to face the coming fire season and will help to minimise the threat to life and property over the coming months.
STATE LAND AND INFRASTRUCTURE HOLDINGS
The Hon. ROBERT BORSAK: My question without notice is directed to the Minister for Finance and Services. Is it a fact that the Auditor-General has issued a qualified independent auditor's opinion on the 2010-11 New South Wales Total State Sector Accounts because the State could not identify the full extent and value of its land and infrastructure holdings for the eighth year in a row? What has the O'Farrell Government done to rectify this issue? If the Shooters and Fishers Party can identify specific land that the Government does not know it owns, can it be declared for hunting of feral animals?
The Hon. GREG PEARCE: Sorry, no. It is interesting that the member said in his question that for the eighth year running the Auditor-General qualified the State's accounts. This happened for years under the previous Government. Of course, this mob opposite spent the last four years making sure that they had jobs and benefits for their mates. They forgot to find a job for the Hon. Eric Roozendaal. We are getting to the point—
The Hon. Eric Roozendaal: Point of order: My point of order is relevance. I cannot see how I am possibly relevant to the State Sector Accounts being ticked off by the Auditor-General. I ask that the Minister be brought back to the leave of the question.
The PRESIDENT: Order! While the Minister's answer is generally relevant, he is sailing close to the wind.
The Hon. GREG PEARCE: I acknowledge that we all agree that the Hon. Eric Roozendaal is completely irrelevant. The previous Government did start to do a tiny bit of work to rectify this problem.
The Hon. Amanda Fazio: Point of order: The comments of the Hon. Greg Pearce refuted your ruling immediately after it was made. I ask that he be reminded not to canvass your rulings.
The PRESIDENT: Order! I did not hear what the Minister said, so I am not able to judge whether he canvassed my ruling. The Minister has the call.
The Hon. GREG PEARCE: The Hon. Amanda Fazio might be able to help the current Government with this task of surveying and identifying all the land that her Government did not deal with. I have been working hard to accelerate the program to do that. The Hon. Amanda Fazio is interested in school maintenance inspections as she has asked a number of questions about that matter. Perhaps at the same time as she visits Ballina and Bathurst—
The Hon. Amanda Fazio: Point of order: The Minister is referring to a question on notice and not answering the question without notice that was asked of him. I refer to a previous ruling in which the Minister was reminded that that behaviour was out of order. I ask that the Minister be reminded of that ruling and be directed to answer the question.
The PRESIDENT: Order! I uphold the point of order. If the Minister has anything further to add to this question he should continue. If not, he should resume his seat.
The Hon. GREG PEARCE: As I indicated, we have been attempting to accelerate the program of identifying this land. We have been working also with the Land and Property Management Authority on the matter. I am sure that the member will see an improved performance over the term or many terms of the O'Farrell Government.
DEPARTMENT OF TRADE AND INVESTMENT, REGIONAL INFRASTRUCTURE AND SERVICES
The Hon. STEVE WHAN: My question is directed to the Minister for Roads and Ports, representing the Deputy Premier. I refer to comments by the Ombudsman that the Department of Trade and Investment, Regional Infrastructure and Services was "advocating for businesses and industries across the State while at the same time being an independent arbitrator of regulatory issues in relation to those same industries". Does the Minister agree with the Ombudsman's view that it is inappropriate for an agency to promote an industry that it is supposed to regulate? 8 November 2011 LEGISLATIVE COUNCIL 6991
The Hon. Michael Gallacher: "Do you agree" is asking for an opinion.
The Hon. DUNCAN GAY: I think the member is asking for an opinion. I will refer the question to my learned colleague in the other place for a proper opinion.
PACIFIC HIGHWAY UPGRADE
The Hon. TREVOR KHAN: Will the Minister for Roads and Ports update the House on the Pacific Highway upgrade?
The Hon. Marie Ficarra: More good news.
The Hon. DUNCAN GAY: More good news. In fact, just today I was discussing in the Deputy Premier's office with our good friend Albanese the Good the extra money we have all put into the Pacific Highway upgrade and how well it is progressing. In fact, in late October I was pleased to announce that the New South Wales Liberal-Nationals Government will provide a six monthly report card on the upgrade of the Pacific Highway. Today the Federal Minister congratulated me on this approach and indicated that he very much wishes to be part of that procedure. The six monthly report cards proposed by the New South Wales Business Chamber will provide information on the status of the Pacific Highway to be signed off by the New South Wales Premier and the Prime Minister.
The Hon. Walt Secord: Every six months? Where is that story?
The Hon. DUNCAN GAY: If we listen to Walt Secord—
The Hon. Eric Roozendaal: Point of order: I would have thought that this Minister, with his many, many years in this place, would know that he must address members by their correct titles when he is speaking in the House. My second point of order is that if he wants to attack another member of this House he should do so by way of substantive motion and not by some cheap shot.
The Hon. DUNCAN GAY: To the point of order: Could the member tell me what about "the Hon. Walt Secord" is not his correct title, which is what I said.
The Hon. Eric Roozendaal: You didn't say "the Hon.".
The PRESIDENT: Order! I remind all members to refer to other members by their correct titles. In respect to the second point of order, as the Minister quite correctly pointed out, at that point he had said nothing about the Hon. Walt Secord. Therefore, he is conforming to the standing orders.
The Hon. DUNCAN GAY: The Hon. Eric Roozendaal knows why you go blind and lose your hearing.
The Hon. Amanda Fazio: Point of order: The comment just made by the Leader of the House is unparliamentary and offensive and should be withdrawn. It is lowering the standards of this House to make that sort of comment. It is absolutely appalling behaviour, particularly from someone who has been in this Chamber for so many, many years.
The Hon. Eric Roozendaal: To the point of order: I take offence to that comment. It is a disgusting comment. The Minister should withdraw it.
The PRESIDENT: Order! I must admit that I did not hear the comment. I am not going to ask the Minister to repeat it but, given that offence has been taken to it, I invite the Minister to withdraw it.
The Hon. Charlie Lynn: There is more than one way to lose your sight, Eric.
The Hon. DUNCAN GAY: As a farmer who has operated heavy industrial machinery in dusty conditions, I certainly know the possibilities.
The Hon. Eric Roozendaal: Withdraw it.
The PRESIDENT: Order! Is the Minister— 6992 LEGISLATIVE COUNCIL 8 November 2011
The Hon. DUNCAN GAY: There is nothing to withdraw.
The Hon. Amanda Fazio: Point of order: The Minister's failure to withdraw that comment should result—
The Hon. DUNCAN GAY: I was not asked to withdraw.
The Hon. Amanda Fazio: You were asked to withdraw.
The PRESIDENT: Order! The Hon. Amanda Fazio will allow me to intervene. I advised the Hon. Duncan Gay and the House that I did not hear the comment, so I could not rule it to be offensive. Therefore, I only invited him to withdraw the comment.
The Hon. Amanda Fazio: However, the Hon. Eric Roozendaal, to whom the comment was directed, did take offence and did ask for it to be withdrawn.
The PRESIDENT: Order! The rulings of previous Presidents and the standing orders are quite explicit: A member can be required to be withdraw a comment only when the President rules it to be offensive. I have not required the comment to be withdrawn simply because I did not hear it. Does the Hon. Duncan Gay wish to withdraw the comment?
The Hon. DUNCAN GAY: No, it was not offensive.
The PRESIDENT: Order! The Minister's time for answering the question has expired.
Mr David Shoebridge: Point of order: Given the comment that I heard was so offensive, I ask that you review Hansard and make a ruling tomorrow. It was an appalling comment from the Minister.
The PRESIDENT: Order! I will consider the matter further.
The Hon. Duncan Gay: To the point of order—
The PRESIDENT: Order! The Minister will resume his seat. I am making a ruling. I will consider the matter further and report back to the House, as I am entitled to do when a point of order is taken.
UPPER HOUSE ABOLITION
The Hon. ROBERT BROWN: My question is directed to the Leader of the Government in the Legislative Council. Is the Minister aware of a report in today's Daily Telegraph that says:
Some ministers have speculated on a referendum for the abolition of the upper house at the next election if their reform agenda was blocked.
Does the Minister know who these Ministers are? Is the Government considering such a referendum?
The Hon. MICHAEL GALLACHER: I assure the honourable member that I have no idea who these members are, if they do in fact exist. I assure members that the three Ministers in this House have been strong defenders of it, unlike the former Leader of the Government, Michael Eagan, who with every breath from his body tried to undermine the importance and independence of this House to the point where eventually he gave it away. The honourable member can rest assured that members on this side of the Chamber will continue to defend the sovereignty of this House as a House of the people of New South Wales.
POLICE NUMBERS
The Hon. MICK VEITCH: My question is directed to the Minister for Police and Emergency Services. Will the Minister commit to maintaining the Police Force to, as a minimum, the authorised strength for the entirety of this electoral term?
The Hon. MICHAEL GALLACHER: I can commit to ensuring that the Government will continue to grow the New South Wales Police Force. We will not get into the word game the Opposition plays by using 8 November 2011 LEGISLATIVE COUNCIL 6993
words such as "authorised" and "actual". The people of New South Wales want to see a government that will continue to commit itself to increasing police numbers in New South Wales. The Government is doing that now. The Government has made changes. Police Academy class sizes will continue to grow over the years ahead. There will be a more visible police presence on New South Wales streets.
ELECTRICITY PRIVATISATION
The Hon. RICK COLLESS: My question is directed to the Minister for Finance and Services. Will the Minister update the House on the outcomes of the Tamberlin report?
The Hon. GREG PEARCE: For members of this House—except perhaps the Hon. Walt Secord and the Hon. Eric Roozendaal—that report is one of the most anticipated reports of the new Government. The Liberals and The Nationals, the Christian Democratic Party, the Shooters and Fishers Party and The Greens have been keen to see this report. Unlike those opposite, all of those parties respect this place as a House of review. Those parties did not participate in the forced early shutdown of Parliament in order to hide the reality of the shabby deal that the then Premier and the then Treasurer imposed on this State in December last year.
I report to the House that on 31 October the Government received and released the Tamberlin report, the Special Commission of Inquiry into the Electricity Transactions. That report makes a number of recommendations to the Government about the future of the New South Wales electricity industry. Those recommendations include the sale or long-term lease of generation assets, the sale of development sites and the Cobbora mine, and that the Government make a decision about network business at a future point. The Government will consider the recommendations and respond to the report by Christmas. Interestingly, the report made some mention of Labor's sale of the Gentrader rights.
One of the outcomes of the report was the view that this was the "second best option". One might say that calling the Gentrader transaction the second best option is extremely diplomatic language. Let us remember that this sale was done as part of a late-night deal with Parliament being shut down to avoid any scrutiny whatsoever. Frank Sartor had a lot to say about how the Gentrader transaction was effected in his book The Fog on the Hill. I noticed that the Hon. Jeremy Buckingham was looking at the book earlier. The member was flicking through looking for photos.
The Hon. Eric Roozendaal: Point of order: The question was specific as to the outcomes of the Tamberlin inquiry. The Minister is referring to a book that has nothing to do with the Tamberlin report in any way, shape or form.
The PRESIDENT: Order! I invite the Minister to ignore the interjections and to continue with his answer.
The Hon. GREG PEARCE: In relation to the Gentrader transaction, Mr Sartor wrote at page 236:
The power sale, as ultimately implemented in NSW, would make an excellent study in Government 101. It was bad policy, very poor politics, and very poorly implemented. It was bad policy because the Gentrader model was flawed and bound to achieve an equivalent asset value of about 20-30% of the real value of the power stations. Put another way, we would be effectively selling our power stations for a discount of between 70% and 80%.
The Hon. Lynda Voltz: Point of order: The question was in regard to the Tamberlin report and its specific outcomes. The passage being quoted by the Minister is in direct contradiction to what the Tamberlin report says and is therefore not relevant to the question on the outcomes of the Tamberlin report.
The PRESIDENT: Order! The member will take a point of order, not make a debating point.
The Hon. GREG PEARCE: Various reports have been published—the Tamberlin report and the Auditor-General's report. Those reports show that the people of New South Wales were robbed when the previous Government undertook its transaction.
The Hon. Eric Roozendaal: Point of order: The Tamberlin inquiry clearly found good value for money and best practice.
The PRESIDENT: Order! The member is making a debating point; he is not taking a point of order. He will resume his seat. 6994 LEGISLATIVE COUNCIL 8 November 2011
POLICE DEATH AND DISABILITY SCHEME
Mr DAVID SHOEBRIDGE: My question without notice is directed to the Minister for Police and Emergency Services. Given the harshest cuts proposed in the Police Death and Disability Scheme relate to partially but permanently injured police, 90 per cent of whom suffer psychological injuries, is it not a fact that the Government's policy does not accept that psychological injuries to police are real injuries deserving of just compensation?
The Hon. MICHAEL GALLACHER: It is an absolute disgrace what Mr David Shoebridge is trying to do. The member is trying to suggest that this scheme discriminates—
The Hon. Amanda Fazio: Point of order: The Minister is not answering the question. He is making abusive comments and debating the question. He is clearly out of order.
The PRESIDENT: Order! There is no point of order. The Minister was not debating the question.
The Hon. MICHAEL GALLACHER: The proposed insurance scheme does not discriminate between psychological and physical injuries. It pays out benefits based on an officer's medical incapacity irrespective of whether the injury is physical or psychological. A snapshot from the Gallagher report on injury management shows that the vast majority of medical discharges now are for psychological injuries, approximately 78 per cent, or for a combination of physical and psychological injuries, a further 14 per cent. Only 7 per cent are for physical injuries alone.
In these circumstances there is no doubt that the reforms to the benefits and the benefits structure will impact on officers with psychological injury, but that is hardly surprising when only 7 per cent of exits are purely for physical reasons. As we have indicated, this new scheme focuses on getting injured cops back on their feet. We take a completely different view from that of those opposite, who think that simply throwing lump sums in front of people is an incentive for their recovery. It is not. Rather than putting a lump sum in front of officers who are suffering psychological injury, we will work with them to get them back on their feet.
The Hon. Sophie Cotsis: How can you say that?
The Hon. MICHAEL GALLACHER: That was the approach of the previous Government in its legislation. Those opposite talked about trying to get officers back to work, but they never did.
The Hon. Sophie Cotsis: You are a disgrace.
The Hon. MICHAEL GALLACHER: Giving a lump sum to officers in this condition is an incentive for them to leave the NSW Police Force. We will work with them to get them back on their feet. When they leave the Police Force with a cheque they also leave with their physical and psychological problems intact. Those opposite were never prepared to invest in getting injured cops back on their feet. They knew about these problems when they were in government but did absolutely nothing. Now we see the mock outrage and suggestions that this has all happened in the past couple of months. They should refer to the reports year after year of the Public Accounts Committee, their own committee. In 2009 Eric Roozendaal as Treasurer peeped in and shut the lid.
The Hon. Eric Roozendaal: Point of order: I ask that the Minister be reminded that when he refers to members on this side of the House he should use their correct title.
The PRESIDENT: Order! I thank the Hon. Eric Roozendaal for his point of order.
The Hon. MICHAEL GALLACHER: I draw to the attention of honourable members the first recommendation of the Peter Gallagher review of injury management, which reads— [Time expired.]
Mr DAVID SHOEBRIDGE: I ask a supplementary question. Will the Minister elucidate his answer by advising the House exactly how many additional police are predicted to remain in the NSW Police Force in the first full year of operation of the Government's new scheme?
The Hon. MICHAEL GALLACHER: Sadly, that is a new question.
If members have further questions I suggest they place them on notice. 8 November 2011 LEGISLATIVE COUNCIL 6995
DEFERRED ANSWERS
The following answers to questions without notice were received by the Clerk during the adjournment of the House:
ORANGE PIPELINE PROJECT
On 12 October 2011 the Hon. Robert Borsak asked the Minister for Finance and Services, representing the Minister for Local Government, a question without notice regarding the Orange pipeline project. The Minister for Local Government provided the following response:
I am advised that a taskforce has been formed to consider all options for the drought-proofing of the Orange local government area. The taskforce is chaired by the Department of Premier and Cabinet and includes representatives of the NSW Office of Water, the Department of Planning and Infrastructure, Orange City Council, Cabonne Shire Council and other relevant agencies.
The recommended option will require the approval of the Minister for Primary Industries and the Minister for Planning and Infrastructure. Further information might be sought from those Ministers.
MONARO REGION COUNCIL AMALGAMATIONS
On 12 October 2011 the Hon. Robert Brown asked the Minister for Finance and Services, representing the Minister for Local Government, a question without notice regarding the Monaro region council amalgamations. The Minister for Local Government provided the following response:
I am aware that the Member for Monaro has offered to facilitate discussions between the Snowy River, Bombala and Cooma-Monaro Shire Councils about voluntary amalgamations if those councils wish it.
If the affected councils wish to amalgamate voluntarily, they may make an application to me as Minister for Local Government and I will consider it on its merits.
The Local Government Act 1993 already has adequate provisions to facilitate the voluntary amalgamations of councils.
WIND TURBINES
On 18 October 2011 the Hon. Robert Borsak asked the Minister for Finance and Services, representing the Minister for Planning and Infrastructure, a question without notice regarding wind turbines. The Minister for Planning and Infrastructure provided the following response:
The origin of proponents of wind farms, in terms of whether they are Australian owned or not, is not a relevant consideration under the Planning Act.
There is only one approved wind farm within the stated region, being the 15 turbine Conroy's Gap Wind Farm. This is owned by Origin Energy, which is understood to be headquartered in Sydney.
Questions without notice concluded.
DEATH OF THE HONOURABLE ELAINE BLANCHE NILE, A FORMER MEMBER OF THE LEGISLATIVE COUNCIL
Debate resumed from an earlier hour.
The Hon. MATTHEW MASON-COX (Parliamentary Secretary) [5.04 p.m.]: As I said before question time, Elaine worked as a comptometrist in accounts for various companies from 1950 to 1959 using those noisy old typewriter-like machines to add up figures. Number counting began early, and naturally, some may say, politics followed. However, for Elaine that could not be said to be the case. As Elaine's inaugural speech made very clear, she was a reluctant politician. She followed Fred dutifully into that role and performed in this place most admirably over the time she was a member. In 1952 Elaine's family moved to the new outer western suburb of Revesby, as did a family by the name of Nile. During 1952 Elaine joined the local church tennis club at Revesby, as did a young man by the name of Frederick John Nile. This is of course where Elaine and Fred first met. The tennis club was located on church property and members of the club were required to attend the Sunday night church service, which Elaine and Fred did. Some six months later both Elaine and Fred responded to the Minister's invitation to become converted Christians.
Both became involved with the church's activities. In 1955 Elaine and Fred became engaged and were married on 6 December 1958 at Revesby Evangelical Congregational Church. Children followed in the form of 6996 LEGISLATIVE COUNCIL 8 November 2011
Stephen, Sharon, Mark and David. Elaine and Fred's oldest son, Stephen, gave a moving eulogy at his mother's funeral. Other members of the family also gave moving tributes to Elaine, particularly Elaine's grandchildren. Also memorable was the music that was selected by Elaine and performed by the Redeemer Baptist choir and band. It gave us all congregated there on that day an insight into Elaine's walk of faith. The service began with What a Friend We Have in Jesus, followed by O That Will Be Glory, The Lord's My Shepherd and the classic Amazing Grace and finished with the anthem How Great Thou Art.
This selection speaks volumes about Elaine, her perspective on life and her unwavering strength of faith. The description of Elaine in the service booklet is, "Loving wife, mother and grandmother". I can think of no more fitting description of Elaine. To Fred, Stephen, Sharon, Mark, David and their families, I offer my heartfelt condolences. Fred, you will continue to have our support and our prayers. Elaine has fought the good fight and now rests peacefully with our loving Lord. She will always remain in my memory as a lady of great courage, a lady of great principle and integrity and, most importantly, a lady of great faith. Vale Elaine Nile.
The Hon. SHAOQUETT MOSELMANE [5.07 p.m.]: In speaking to this motion I express my condolences and sympathies to Reverend the Hon. Fred Nile, his children and grandchildren on the passing of his wife, their mother and their grandmother, the Hon. Elaine Nile. Mrs Nile passed away on 17 October 2011 following three years battling the dreaded disease of cancer in her liver. The death of a loved one, particularly one's lifelong partner, mother or grandmother, is never easy to accept. A part of the family is forever lost. But pass on they never do. They will always be there in spirit and in our hearts. Elaine's love and spirit will live long in her family's heart.
My parents never missed an opportunity to visit the grave of my sister, who was killed while crossing a road in a village in Lebanon, and in the 34 years since my seven-year-old brother Ahmad was also hit and killed by a car as he crossed a road in Rockdale my mum has always cried at every visit to his grave as if he passed away only yesterday. Attachment to a family member and the loss of that member is felt by no-one as much as the family of the deceased. I never met Elaine but I am sure that she was not only a good wife, a good mother and grandmother but also a good representative. Reverend, I pass on my condolences to you and your family. May Elaine Nile—the wife, the mother and the grandmother—forever rest in peace.
The Hon. MARIE FICARRA (Parliamentary Secretary) [5.09 p.m.]: It is with sadness that, along with my colleagues, many people in the public gallery and many more who could not make it here today, I acknowledge the passing on 17 October 2011 of the Hon. Elaine Blanche Nile, a former distinguished member of this House. As women's suffrage leader Elizabeth Cady Stanton once said, "The best protection any woman can have is courage", and it was courage that got Elaine through a lot of things in her life. As a young woman, Elaine held her Christian faith close to her heart. She taught Sunday school. In 1955 probably one of the most significant events occurred in her life when she became engaged to Fred—Reverend the Hon. Fred Nile—who was a fellow Sunday school teacher, choir member and Christian Endeavour leader. As we have heard, they married on 6 December 1958 at Revesby Evangelical Congregational Church.
Elaine was a comptometrist from 1951 to 1958. My mother-in-law taught mathematics and comptometry and has saved her comptometry machine. Elaine must have been really sharp to hit those buttons at the speed required. I think she would be pretty fabulous on a BlackBerry, an iPhone and a computer if she were here today—she would be up with the latest. A highly intelligent woman, Elaine went on to become manager of the Australian Christian Solidarity newspaper from 1981 to 1986. Elaine was also devoted to the welfare of young women, and from 1977 she served as a police matron at Darlinghurst Court supporting young girls and women who had been charged with offences. She had a very strong will and character and with her courage and love of the Lord she was instrumental in converting many of those young women who were not at peace with themselves and were fairly lost in our society. She took a lot of time to be one-on-one with those women, contacting their friends and families. She continued in her Christian beliefs outside the court. Her career spanned many forms, from an inspirational speaker in women's Christian groups to a director of Family World News.
Fred and Elaine were both extensively involved in the Christian Endeavour youth movement, and in 1956 Elaine became secretary of the Christian Endeavour Youth Group. From those humble beginnings in community life little did Elaine know that she and Fred would travel on a much-respected path to political representation in this State and become one of the most powerful political couples in Australia—perhaps for evermore in Australian history—when she was elected to the New South Wales Legislative Council in 1988 and was able to sit, a very proud lady, next to her husband, Fred, in this place. The Christian community and the 8 November 2011 LEGISLATIVE COUNCIL 6997
community at large thank Elaine and Fred for what they have done in the past and for what they know Fred will continue in honour of Elaine and of all the supporters of the Christian Democratic Party. Mainstream society in New South Wales is very grateful for such sensible legislators as Fred and the late Elaine.
But Elaine was more than Reverend the Hon. Fred Nile's wife. She had her own opinions and always stood up for what she believed in during her 14 years in this House. Regardless of the opposition she faced due to her beliefs, she tenaciously fought on in relation to the issues she felt were most important to families across the State. At the recent wedding of the deputy mayor of Baulkham Hills I met a woman whose baby had medically acquired AIDS many years ago and subsequently passed away. The pain and anguish of that infant loss was still a burden for that mother. It was the Hon. Elaine Nile who introduced the Medically Acquired AIDS Victims Compensation Bill to this Parliament and so put the spotlight on babies suffering that tragic plight and their families. The woman told me that those families will never forget her efforts to get proper care and assistance for their children.
Elaine and Fred held the balance of power in this House for several years, and I believe they did so with the blessing of the Lord. I do not believe she ever abused that power and that she legislated with fairness and with the people's interests always her paramount consideration. Elaine's beliefs and strong principles carried through and she never ignored those who elected her and what they expected of her. Elaine maintained that her position was one of "balance of prayer and responsibility". Sadly, in 2008 Elaine was diagnosed with non-Hodgkin's lymphoma cancer of the liver and given only six days to live. She fought the disease courageously and tenaciously held on to life so she could organise her family life and ensure that she carried out her final farewells in the dignified and sincere manner we respected her for. She maintained continuously that she was "absent from the body, present with the Lord".
Following her sad passing on 17 October, a service was held at Calvary Chapel auditorium in Georges Hall. It was extremely moving to watch the PowerPoint presentation and see the journey of Elaine's life from a young toddler, to an attractive adolescent, a very attractive young woman, a very jubilant fiancée of Fred, a beautiful wife and then a wonderful mother and loving grandmother. It was beautiful to see the shots of Fred and Elaine enjoying themselves on the beach—I imagine it was Seven Mile Beach down in Gerringong—and very much enjoying life. The service was extraordinarily well organised. More than 800 people attended to pay their respects to a loved one, a friend and a woman whom they respected for her Christian-based work in our community.
Over her life Elaine Nile demonstrated much dedication to her family as loving wife of Fred, mother to Stephen, Sharon, Mark and David, and grandmother to Joshua, Jessica, Montana, Jack, Matilda, Lily, Elijah and Briarna. Elaine exemplified dedication and courage as an elected representative in a time of changing values and cultural beliefs. The Hon. Elaine Nile will never be forgotten and, along with so many other members of this House and this Parliament, I extend my deep sympathy to Fred and their family. May she rest in peace.
The Hon. CHARLIE LYNN (Parliamentary Secretary) [5.17 p.m.]: I offer my condolences to Reverend the Hon. Fred Nile on the loss of his dear wife and former colleague, the Hon. Elaine Nile. I echo Premier Barry O'Farrell's sentiments when he said that Elaine Nile was one of the politest and fairest people he had ever met. He said she applied herself in all her dealings with all sides of politics. I had the good fortune to know Elaine from when I entered this place in 1995 until she retired. Elaine was always happy and cheerful. Her life was built upon the rocks of her family, her church and her community. Her values were not negotiable and her contributions to debates on issues that affected family, church and community were always worthy of great note.
In her inaugural speech Elaine said, "I am a Christian and I do not have any doubts about my faith." She was true to her word. She was committed to her husband, her marriage, her family and her faith. We have witnessed a woman who has fought the good fight of faith, standing for righteousness and justice for all. Her love and support will be especially sadly missed by the Hon. Fred Nile. Having attended her wonderful service, it is clear Elaine was admired across the political spectrum. Not everybody who leaves politics has that honour. Fred, we can assist in many ways but you have to handle the grief and the loss of a lifelong partner, wife and mate. Nobody can fill that void. We can give you our best wishes and pay our sincere and genuine tributes. We all feel for you, Fred, as you go home now to an empty house. But you still have your family, the church and the community. You still have a wonderful contribution to make, Fred. We admired Elaine, and we extend our condolences to you.
The Hon. GREG DONNELLY [5.20 p.m.]: The passing of the Hon. Elaine Nile is truly a sad occasion. We have lost such a good and decent woman. Through her good words and deeds Elaine touched the 6998 LEGISLATIVE COUNCIL 8 November 2011
lives of many people in New South Wales, Australia and around the world. We have heard firsthand accounts of that from other people who have contributed to the debate this afternoon. I extend my deepest sympathy to Reverend the Hon. Fred Nile who must be experiencing profound sadness at the loss of his beloved wife of almost 53 years. I read the Hon. Elaine Nile's maiden speech, which would now be called an inaugural speech. I will quote a line from it that is apposite to the position that Fred finds himself in now, and one that we profoundly share with him in terms of sadness. Elaine said, "When my mother died my father realised the truth of that passage from Genesis. He said, 'I feel as though part of me has gone.'" No doubt that is how Fred feels at the moment and will feel for a long time to come, as will many people who knew her.
I knew the Hon. Elaine Nile only through having the opportunity to meet and talk with her on various occasions as I did not serve with her in the House. The contributions from so many members from all parties reflect the genuine sentiment felt in this House that we have lost a good and decent person. I have not served in this House for a long time. Indeed, the Hon. Elaine Nile had resigned from the Legislative Council before I entered this place, in 2005. I was reflecting that but for the illness that finally took her life on 17 October she could still be serving the citizens of New South Wales along with her husband. I had not really considered that until I thought about the circumstances of her passing. But for the illness that ultimately took her life, she may well be participating in public life in the New South Wales Legislative Council and still be making the contribution that she did in the just under 15 years she served here. But that was not to be.
As I said, I did not serve with the Hon. Elaine Nile but I had the opportunity to meet and speak with her on a number of occasions. As all members have said in their contributions, she was a warm, friendly and caring individual. Indeed, in terms of her deeply held Christian beliefs, she genuinely sought to love other people. I do not mean love in the way that the word is loosely and freely used today, but love in the genuine Christian sense. Even to those who one might call her opponents—or, dare I say, her enemies—she was who she was and she made no apologies for it. Her convictions were strong and deep and arose from a belief in God. That belief and the belief that man was made in the image of God provided her with an outlook or perspective that framed the way she examined matters and made decisions not just during her time in the Legislative Council but throughout her life as a person of faith.
On Wednesday 26 October I attended the funeral service for Elaine at Calvary Chapel auditorium in Georges Hall. It was a beautiful and fitting service for someone who had obviously touched the lives of so many people. While these occasions are always sad, I and many others whom I spoke to after the service felt that the service not only paid tribute to her but also celebrated her life. Others have commented that there was a sense of joy in celebrating the life of the Hon. Elaine Nile through the singing, Bible readings, prayers, speeches, and reflections on her full and generous life as well as the participation of her beloved husband, children, grandchildren and friends that she had made over the years.
I gathered an understanding of the Hon. Elaine Nile by reading her inaugural and valedictory speeches. I must confess I had not done that before but I did so in preparation for this contribution. I encourage people who may have not read those speeches to take the time to do so. The two speeches succinctly provide one with a wonderful, clear and incisive insight into the woman that Elaine Nile was and the life that she lived. In reading her two speeches some fundamental themes shone through for me. There are many that one could comment on but I will mention only a few. The first is of course her faith in God and her belief in the truth of the Holy Bible. These were a cornerstone of her life. As I said in the earlier part of my contribution, her faith framed the way that she looked at and considered things, made decisions and lived her life both inside and outside Parliament.
The other thing that struck me was her respect for the dignity of all human life in the absolute sense of "all" being from conception to natural death. She believed so deeply and strongly in the value of human life and its inviolable nature, based on her belief that man was made in the image of God. Another aspect that comes through from reading her speeches is that she was very personable and engaging as an individual and obviously had a sense of humour and warmth. Many members have commented today that that was what they felt when they met her. Friend or foe, if I can use that phrase, felt relaxed and could have a conversation with her. They knew they were talking and dealing with a very decent human being.
There also comes through in her speeches a belief that there are some absolute truths about human reality—once again framed through her belief in God and our being made in the image of God—and that as human beings we exist and are underpinned by those absolute truths. Those truths are not subject to relativity, change, flexibility, convenience or pragmatism over time. Time and again she spoke out on the matters that she believed were fundamental truths of our humanity in circumstances where she often faced very strong and robust opposition. 8 November 2011 LEGISLATIVE COUNCIL 6999
Another thing that stands out, and about which many members have commented, is her love and devotion to her family—being the Christian she was that comes as no surprise—her love of you, Fred, her husband of almost 53 years, and your four wonderful children and eight grandchildren. Family was central to her life; it was not subsidiary or ancillary or something you dealt with when you could find the time. That leads me to the matter of her belief in the family, which was based on the marriage of a man and a woman in a permanent relationship for life. This, of course, is a view that is challenged today by many who believe that defining what a family is is essentially self-referential and self-defining; it is basically whatever you want it to be. The Hon. Elaine Nile had a different view, an orthodox Christian view, about a family and how it is configured and its ultimate purpose. She stood up time and again against individuals who would demean and belittle her endeavours to articulate the strong view she held about the idea and purpose of a family.
She was an active legislator and many have commented that it would be inappropriate to try to define her contribution to public life as very narrow and focused only on a small number of issues. In one of the booklets handed out at the service, and which contained her inaugural speech and her valedictory speech, there was a list of all the bills and debates she had participated in, and there were many hundreds. Her contribution as an active legislator needs to be acknowledged and appreciated. With the passing of the Hon. Elaine Nile the State has lost a person who made an important public contribution to the State through the Parliament. She was an important public figure. Her participation in the affairs of this State will not be forgotten. Fred, our thoughts and prayers are with you and your family at this time. May she rest in peace.
Reverend the Hon. FRED NILE [5.35 p.m.]: I sincerely thank the House and the Minister, the Hon. Michael Gallacher, who moved this condolence motion for my wife, the Hon. Elaine Blanche Nile. It has been very moving to hear the 16 members of the House who have spoken about their knowledge of Elaine either face to face or from what they have read, and I thank each one for participating today. It far exceeds anything I could have expected. Elaine and I always keep underestimating the response of the public as occurred with her thanksgiving service. She suggested a small church and I said, "I don't think it will be big enough." She said, "I don't think anyone will go to my funeral." We had nearly 800 people filling the Calvary Chapel auditorium.
I also thank all Elaine's friends and colleagues as well as my son and daughter-in-law and granddaughter for being here today. Thank you for being here through the afternoon. You are very encouraging to me. It helps when you have a political party and various organisations that operate more or less with a family spirit than simply as an organisation. I thank God that we have been able to develop that spirit in our party and affiliated organisations. Elaine played a very big part in helping to create that family attitude where everybody counted and everybody mattered. She treated everyone with importance no matter who they were and regardless of their age, background or ethnic background. They were all treated in exactly the same way.
Today is a difficult one for me in concluding this condolence motion. The Minister asked me whether I would do that. Usually the Minister who moves the motion speaks in reply, but I acknowledge that this is a special occasion and I am happy to do it. However, it is still difficult as I think of those nearly 60 years of our loving relationship, first with Elaine as my teenage girlfriend from 1952 and our courtship from the time I first saw the girls on the Revesby church tennis court, one of whom was Elaine, never realising that she would become my wife.
We were engaged in 1955 and finally married on 6 December 1958. Elaine always had a strong faith from the time she became a committed Christian, as I did at the same time at that Revesby Evangelical Congregational Church. We both came from non-Christian backgrounds. They were not bad families; they just were not involved in any way with church life or Christian activity, so it was a completely new experience for both of us to move into that church family. As members have heard, after about six months we both warmly and genuinely responded and said we would like to be committed Christians and accept Jesus Christ as our personal saviour, to trust him, that he died on the cross of Calvary for our sins, and that through that faith in Jesus Christ we inherit eternal life.
The message of eternal life is what Elaine was anxious would come through that thanksgiving service. I know that it did in the way in which she planned it. Every time Elaine had the opportunity to speak in this place and in church services and meetings all around Australia and overseas, she would always testify to her faith, was never ashamed of her faith. For example, in her maiden speech on 8 June 1988, so that all members of the House would know exactly where she stood she said:
I am a Christian and I do not have any doubts about my faith as it is in the living word of God, Jesus Christ, and the written word of God, the Holy Scriptures, the Bible. The way I live and what I believe is based on that. At the age of 16 I accepted Christ into my life. I did not grow up in a religious family. … During the past 30 years we have had some traumatic experiences, that is in our family, but I can testify that Jesus Christ himself, and a personal faith in him and prayer, has taken us through.
7000 LEGISLATIVE COUNCIL 8 November 2011
Elaine included those sentiments whenever she could in her speeches as well as in meetings that she addressed. Our relationship is very much described in the earliest words of the Bible, in Genesis Chapter 2.24. Elaine often quoted these words, as I have also. It states, "A man shall leave his father and mother and shall cleave to his wife and they shall became one flesh. They shall become one." That certainly has happened in our relationship. We became one, in many ways became, as people have said, mates, like a brother and sister, a husband and wife. Our relationship became so intertwined. Elaine's most often criticism of me would be that she would say, "I was going to say something, Fred, and I was saying it and you finished it off. Let me finish off what I wanted to say." So we both were always thinking on the same track.
The final five weeks that Elaine spent in hospital, particularly in a private room at the Calvary Hospital palliative care ward, I was able to visit Elaine every day, usually at night, and spent time with her and talking with her. Before I left I always would do something that I wanted to do, and she wanted me to do it as well, read from the Bible her favourite passages, particularly from the Psalms, and then pray with and for Elaine. That became a precious time for both of us. I did not expect Elaine to die. In fact I had booked another appointment with the cancer specialist for the very day in which the thanksgiving service was held, but it was not to be. So it was a privilege for me on the night of 17 October to be praying with Elaine. The doctors had said, "We feel she is moving into the final stages of her life. We hope that something can be done, but we just want to warn you." I was hoping it would not happen but I sensed that she was coming to the end of her life.
As I prayed with her I committed her to the Lord in prayer and said when she would open her eyes she would see Jesus Christ. As I prayed with her she was sort of dozing. She opened her eyes and in the twinkling of an eye, as it says in the Bible, one twinkle she was with me and the next twinkle she was gone. I still could not believe that she had passed away and I rushed out to get the nurse. I said, "Elaine, I cannot discern her breath but she is breathing." She has been breathing deeply. Sometimes in the three years at home, when she was sleeping the breathing was so slight. I would lean over to make sure she was alive and breathing because I could not sense her chest going up and down. That happened on that night. On this occasion when the nurse came in, "We are sorry, yes. Elaine has passed away."
But I remember the words that Elaine said to me regularly, "Remember, Fred, absent from the body present with the Lord." So it is a great loss to me; also to our four children, Stephen, Sharon, Mark and David, and our eight grandchildren who loved their grandmother, nanna—Joshua, Jessica, Montana, Jack, Matilda, Lily, Elijah and Briarna. Elaine fought the good fight of faith from the time of her conversion and especially over these last three years.
Three years ago she was diagnosed with cancer of the liver by her general practitioner, Dr Mary Cormack. I was pleased Mary was at the thanksgiving service with other doctors from the Medical Benchmark practice. It used to be the Women's Medical Centre in Macquarie Street. She diagnosed that there was something seriously wrong with Elaine. We did not know. We thought she might have pulled a muscle or something that caused the pain. But she diagnosed it. We thank her for her professionalism. She ordered me to take Elaine straight to the emergency department at St Vincents Hospital.
Following scans at the hospital we were advised that Elaine had a very serious cancer of the liver. Elaine is a very realistic Christian and straight away she asked the specialist, "How long do I have to live?" He replied, "Six days, perhaps longer with treatment." This was a great shock to both of us. However, Elaine underwent a course of chemotherapy which as an initial treatment they thought was successful and said the cancer had gone into remission. We later found out even though you have positron emission tomography scans and so on—as one specialist said—you can have a microcell that is so microscopic that it does not show up in any tests so the cancer is still there. That happened with Elaine, so to our great disappointment the cancer returned again to her liver.
Elaine went through another course of chemotherapy which on this occasion was unsuccessful. Then the doctor at St Vincents Hospital suggested a new radiation treatment. Instead of having the radiation from outside your body, you have one called SIRS, selective internal radiation spheres, where the isotopes are injected directly into the patient's bloodstream. We agreed to that treatment. Elaine went through a fairly complicated procedure and injections of radiation into the bloodstream which did have a lot of side effects. She was not in hospital. She would come home from St Vincents and her whole body was just soaking wet. At night I would have to lay towels on the bed before she went to bed and the towels would be wet in the morning as well as her nightgown. It was all working inside of her body and it was very distressful. But we were hoping it would work and it would destroy the cancer cells. 8 November 2011 LEGISLATIVE COUNCIL 7001
However, in February this year the specialist said sadly it was a failure. It may have even caused a reaction in the liver and weakened Elaine's body. Still, we would not give up and Elaine had heard one of the Sisters of Mary had had a successful operation by a specialist at St George Hospital who had removed cancer tumours. We met him and he agreed—I must admit reluctantly because he thought it had gone too far—to operate on Elaine to remove the cancer tumours from her liver. But he said she is too weak and she had to go through a course of rehabilitation at Calvary Hospital's rehabilitation program, which Elaine did.
For nearly two weeks she was riding exercise bikes and climbing up and down stairs—everything to build up her strength so she could undergo a major surgical operation, which Elaine did. The specialist told me after the operation, "I'm sorry. It was a failure." When Elaine came out of the anaesthetic her first question was, "Fred, was it successful?" After all that she had suffered, the dramatic operation on her body, she was very, very disappointed when I had to say, "I'm sorry Elaine, it was unsuccessful."
Elaine underwent further chemotherapy at St George Hospital but, again, this was not successful. Nothing more could be done and she was transferred to a private room in the palliative care ward. Finally she passed away on 17 October at 8.15 p.m. She certainly fought the good fight, as have many other people diagnosed with cancer. It is a terrible disease. We have to pray that our medical specialists will find a cure. I again give thanks to God for the nearly 60 years that I have known Elaine and for our 53 years of married life. Elaine would say to me constantly, "Fred, I love you" and I would respond, "Yes, I love you too." Even in her last days at the hospital her last words would be, "Fred, I love you."
It has been a privilege for Elaine and I to serve in this House together. It is very unusual for a husband and wife to be members of the one Chamber and to work as a team. That is why, as other members have said, the Duke of Edinburgh was quite amused that two members were married and in the one Chamber. With Elaine's Irish humour she had to add that little bit extra that we were the only two members, as far as she knew, who slept together. I am sure she had nothing in mind by that remark. The Bible has a verse that was important to Elaine and me. Proverbs 3:5 states:
In all your ways acknowledge the Lord and he will direct your paths.
It might surprise members to learn that with the multitude of positions I held, Elaine and I never applied for any. Invitations came to serve in Christian Endeavour in the Congregational Board of Evangelism, the Billy Graham Crusade, with Reverend Alan Walker at the Wesley Central Methodist Mission, the Festival of Light and finally, of course, when I was elected by the people to Parliament. Every position was disruptive to Elaine as a mother and wife because we had to pack up and move to a new home each time. Every invitation came out of the blue and was never sought by us. Elaine and I would pray deeply to learn whether it was God's will for us to accept the invitation. I would never budge until Elaine was sure that it was God's will that we were one in the spirit being called to serve, not just me, whether it was in church ministry positions or in this Parliament.
Chapter 31 in Proverbs has a description called "The Wife of Noble Character" and the expressions are so reflective of Elaine. I ask members to read and meditate upon them and think of Elaine as, in my humble opinion, many of the expressions apply to her. I could say much more but I want to conclude with a quote from Elaine in her valedictory speech, which is applicable to the House tonight. I shall conclude with Elaine's words so that she will be the last person to speak on this condolence motion. I like Elaine to have the last word. She said:
It is part of the job of parliamentarians in this State to make good laws for parents, families and marriages so that young people will grow up knowing what is right and what is wrong and have respect—something that is lacking in a lot of children today. I ask God to bless you and keep you, to make his face shine upon you, and—something that every person, especially every member of Parliament, needs—to give you peace of mind, that you know what you have done is right according to your conscience and according to Almighty God. I thank you for allowing me to speak to you.
Question—That the motion be agreed to—put and resolved in the affirmative.
Motion agreed to.
Members and officers of the House stood in their places as a mark of respect. 7002 LEGISLATIVE COUNCIL 8 November 2011
PROTECTION OF THE ENVIRONMENT LEGISLATION AMENDMENT BILL 2011
Second Reading
The Hon. JOHN AJAKA (Parliamentary Secretary) [5.57 p.m.], on behalf of the Hon. Greg Pearce: I move:
That this bill be now read a second time.
The Protection of the Environment Legislation Amendment Bill 2011 is the Government's response to the incident at the Orica industrial complex on Kooragang Island, near Newcastle on 8 August, subsequent community demands for more transparency and accountability from both industry and government, and the recommendations made by Mr Brendan O'Reilly in his review of the incident. The Government has publicly released the O'Reilly report and not only has accepted all of its recommendations but committed to going beyond them. The bill is part of a broader package of reforms and complementary actions that together ensure that incidents like the one at the Orica Kooragang Island plant are avoided wherever possible in the future. Whilst the O'Reilly review found that there was no health risk to nearby residents from the incident, the community expects industry and government to respond faster and to communicate more effectively when faced with incidents that have potentially serious implications for either human health and/or the environment.
To achieve this, the Government has developed a wide-ranging suite of initiatives that will deliver to the people of New South Wales a modern and strengthened Environment Protection Authority that is better equipped to regulate high-risk industries, improve environmental legislation so that industry is fully held to account for its environmental performance, answer the community's demands for more engagement and specifically for more information about their industrial neighbours, provide stronger incentives for industry to comply with pollution incident notification requirements by doubling the maximum penalties for non-compliance, and improve the Environment Protection Authority's and the community's knowledge about the cumulative impacts of industry where they coexist in close proximity to residential areas.
At the heart of these changes is a renewed commitment to the communities of New South Wales, a commitment that got lost under the 16 years of a Labor Government. The bill modernises the Environment Protection Authority [EPA] to ensure the people of New South Wales have an environmental regulator that is responsive and flexible with clear goals, functions and accountabilities. This requires a series of amendments to the Protection of the Environment Administration Act 1991 for an Environment Protection Authority which has at its head a chairperson who will drive the authority rather than advise it and a smaller expertise-based board to make it more accountable.
I am aware that there have been some concerns that the new Environment Protection Authority might focus on pollution matters at the expense of other aspects of a healthy environment. The Government wants a single, consolidated environmental regulator—that is, a regulator that is responsible not only for pollution control but also for protecting human health and the environment more broadly. This includes protecting native vegetation, threatened species and their habitats, and biodiversity and ecosystems more generally. It is crucial that the Environment Protection Authority looks at the environment as a whole because each part plays an important role in maintaining human health and providing safe and healthy places for people to live in today and for generations to come.
A new statutory position of chairperson appointed by the Governor will be responsible for managing and controlling the affairs of the Environment Protection Authority. The chairperson will report directly to the Minister for the Environment. A key function of the chairperson will be to listen and respond to community views and concerns, to effectively be the community's champion on environmental matters. The chairperson will also ensure that local government has a voice and where specific issues warrant it, will engage face-to-face with individual councils and their regional bodies. This will ensure that the Environment Protection Authority reconnects in a real way with the community it serves. The community will be given an opportunity to influence how industry operates in their local area to a greater extent than before.
In the first instance this will be achieved through the chairperson meeting with the Community Consultative Committee which the Minister for the Environment is establishing in the Lower Hunter and Newcastle areas. There will be opportunities to expand these committees to other heavily industrialised regions in the future as required. The intention of the Government is to create a new Environment Protection Authority board with clear and stronger governance, accountability and reporting requirements. The bill establishes a board that is more along the lines of a corporate board, with clear responsibilities to deliver environmental 8 November 2011 LEGISLATIVE COUNCIL 7003
protection for the people of New South Wales. The existing board is too big and meets too infrequently. The Government thanks the existing board for its good work. It has informed Environment Protection Authority policies and approaches but it is difficult to give a board of that type the responsibility and accountability the Government and community wants the board and the authority to have.
Together the chairperson and board will oversee the effective, efficient and economical operation of the Environment Protection Authority; set clear directions for the Environment Protection Authority; and monitor and report on its performance. The board will be required to provide an annual regulatory assurance statement to the Minister for the Environment, which the Minister will table in Parliament. This statement will detail the success of the Environment Protection Authority in reducing risks to human health and harm to the environment, determine whether this level of protection satisfactorily compares with other Australian jurisdictions, and provide an assessment of the performance by those industries regulated by the authority in reducing risks to human health and preventing material harm to the environment.
The chairperson will be assisted by a new position of the Chief Environmental Regulator, who will be responsible for the day-to-day delivery of the Environment Protection Authority's statutory responsibilities and management of the authority's staff. The Chief Environmental Regulator will report directly to the Environment Protection Authority chairperson. The Government's proposals in this bill will modernise and strengthen the ability of the Environment Protection Authority to regulate serious pollution incidents by significantly improving notification responsibilities, requiring pollution incident response management plans to be prepared and implemented, and increasing penalties for non-compliance. These amendments will ensure that serious pollution incidents are avoided to the greatest extent possible and, if they occur, they are handled more effectively, quickly and transparently in the future.
The bill requires polluters to immediately report serious incidents not only to the Environment Protection Authority but also to the Minister for Health, the WorkCover Authority, New South Wales Fire and Rescue and the local council. The proposed amendments allow the licensee to report the incident immediately without having to wait for all the information about the incident to be available. Industry has previously stated this as a reason for delays in notification. However, they must now provide further information as and when it becomes available. I understand that industry may have concerns about the word "immediately". Some have said that the term "immediately" is unclear and that a specific time period should be included. It is not possible to define the appropriate period of time in which notification is required in every conceivable circumstance. However, "immediately" simply means promptly and without delay. That is the everyday meaning of the word.
The Government and the community expect industry to report pollution incidents promptly and without delay. This is both reasonable and necessary. If a pollution incident does occur, the Environment Protection Authority will also be able to formally direct industry to notify other parties of the incident including the immediate industrial neighbours and the community. The amendments will be supported by clear guidance for licensees and response agencies that will be made publicly available. Appropriate methods of notification will be detailed in the guidance material which licensees will use to prepare pollution incidence response management plans. The bill also increases the penalties for failure to comply with notification requirements to provide a more substantial deterrent to the offence. The maximum penalties for contravening the duty to notify pollution incident requirement will be doubled for both corporations and individuals. The O'Reilly review recommended that:
The Protection of the Environment Operations Act 1997 and any associated regulations are amended to allow in the event of a hazardous incident the Office of Environment, on advice from the Chief Health Officer, to direct the company responsible for the activity to fund New South Wales Health for an independent analysis of the health risks associated with a hazardous incident.
The Environment Protection Authority currently has the ability to require a licensee to commission expert advice via a prevention notice or a clean-up notice. However, to address this O'Reilly recommendation, provisions in the bill will make it explicit that the Environment Protection Authority and the Minister for Health can require polluters to pay the reasonable costs of independent, expert advice or studies into the human health and/or environmental impacts that are needed to better understand the effects of, and inform the response to, the particular pollution incident.
The Orica incident highlighted the need for stronger and broader provisions for the Environment Protection Authority to require appropriate premises to prepare, implement and test pollution incident response management plans. The bill provisions require all environment protection licensees to prepare such plans which will also include community notification and communication protocols. All licensees will have six months from the commencement of the legislation to prepare and implement a pollution incident response management plan. 7004 LEGISLATIVE COUNCIL 8 November 2011
A regulation making power will also be included in the Protection of the Environment Administration Act to allow a regulation to be made that specifies the content of such plans and testing and review requirements. This may be extended to require some non-licensed industrial facilities to also prepare, implement, test and report on pollution incident response management plans. These plan requirements will be designed to complement existing requirements that are in place for major hazardous facilities under WorkCover New South Wales legislation.
Finally, it is proposed to make it more straightforward for the Environment Protection Authority to require mandatory environmental audits to be undertaken when it reasonably suspects that an activity has been or is being carried on in an environmentally unsatisfactory manner. The bill also improves the community right to know aspects of the Act. This includes measures to improve the public's access to information by requiring industry to make its monitoring results publicly available and expanding the information on the Environment Protection Authority's public register. This will include information about mandatory environmental audits required by the Environment Protection Authority and undertaken by industry, pollution studies and pollution reduction programs required by licence conditions, and the details of penalty notices issued by a regulatory authority.
The bill will make it mandatory for industry to make its monitoring results publicly available through its website or in hard copy on demand to any member of the public. The Environment Protection Authority will work with these industries to make this requirement as simple and effective as possible, including the best way to present complex or large amounts of data. Written guidance will be available to ensure that licensees provide this information in a meaningful way so that it is easily understood by the public. In addition, the Newcastle community consultative committee has been established, with representation from the community, local government and industry. This will ensure that the local community is given the information it needs to again have confidence that its industrial neighbours are addressing issues of community concern. There also will be the capacity to establish specific groups to address local issues. This will be the pilot for the establishment of similar approaches in other areas.
The Minister for the Environment convened a round table on 21 October 2011 in Mayfield to inform industry and the community about the reforms the Government is implementing and what is expected and required of industry. The event provided an opportunity for industry, community and government to discuss the proposed legislative changes at length. The meeting was the first step towards providing greater transparency for local communities, who have a right to know about the workings of industries in their neighbourhoods, and opening a dialogue between all interested parties to achieve positive environmental outcomes on local levels. During the debate of the Government's bill in the other place, The Greens requested that the Government reconsider the way in which we propose to address recommendation 7 of the O'Reilly report, which recommends that the Environment Protection Authority board include a community representative.
It should be noted that even though the existing Environment Protection Authority board is made up of representatives, there is no statutory position for a community representative on the current Environment Protection Authority board. While there are two Nature Conservation Council representatives, these members represent conservation group interests. They do not necessarily represent all of the community's diverse make-up and views. We have chosen to capture the community's interests in a different way because it is extremely difficult, if not impossible, to identify and provide a single community representative.
The bill provides for an expertise-based board. This is necessary in order to deliver on the additional responsibilities of governance and accountability that this new board will have. One of the key responsibilities and functions of the new chairperson role will be as the community's champion to engage and connect with members of the public, to listen to their concerns and issues and to ensure that the Environment Protection Authority is addressing them. Similarly, the chairperson will meet with and hear from local government as both a co-regulator and a voice for the local community.
The package of legislative amendments and complementary actions I have just outlined to the House not only responds to the recommendations of the O'Reilly review in a comprehensive way but goes beyond them. These reforms will help to ensure that the people of New South Wales—and the people of residential areas such as Stockton, in particular—are protected. This will be done through a reinvigorated Environment Protection Authority that has as its core responsibility the role of protecting the health of the people of New South Wales by providing them with a safe and healthy environment. The Government's reforms and particularly the provisions in the bill will help to ensure that New South Wales continues to be a place where people want to live and raise their families. We are protecting the environment not only for communities today but also for future generations to enjoy. I commend the bill to the House. 8 November 2011 LEGISLATIVE COUNCIL 7005
The Hon. LUKE FOLEY (Leader of the Opposition) [6.13 p.m.]: On behalf of the Labor Opposition, I speak to the Protection of the Environment Legislation Amendment Bill 2011. I indicate at the outset that Labor will not oppose this legislation. However, we will move a number of amendments at the Committee stage which we believe, if carried, will improve the bill. In particular, we believe the amendments will make the bill more faithful to the recommendations of Brendan O'Reilly in the review that he conducted for this Government.
I note the objects of the bill. First, the bill amends certain environment protection legislation in this State and, most relevantly, seeks to provide for the appointment of a chair of the Environment Protection Authority who will have the function of managing and controlling the affairs of that authority. Secondly, the bill reconstitutes the board of the Environment Protection Authority. Thirdly, the bill requires immediate notification of a pollution incident that causes or threatens material harm to the environment. They are the principal objects of the bill. In introducing this bill to the other place, the Minister for the Environment and Heritage, the Hon. Robyn Parker, commenced her speech stating:
The Protection of the Environment Legislation Amendment Bill 2011 is a direct response to the immediate issues arising from the recent incidents that occurred at the Orica industrial complex at Kooragang Island, near Newcastle …
Those were her words, and they could not be more accurate. For once I am happy to endorse the comments of this Minister because this bill certainly is a direct response to what happened at Orica. It is a direct response to the failure of the O'Farrell Government, in particular this environment Minister, to perform their duty to notify the community of a potentially very serious leak of a toxic chemical, hexavalent chromium, into a residential suburb in Newcastle. Although I endorse the opening comments of the Minister in her agreement in principle speech, she goes downhill from there.
Extraordinarily, she goes on to say, "I am proud of the Government's response." How could a Minister for the Environment be proud of her Government's failure to notify the community for 54 hours of that leak of hexavalent chromium in early August? The events in August have been canvassed in the public domain over several months. It is a running sore for this Government that will not go away. On the Monday night a chemical emission from Orica's ammonia plant at Kooragang Island occurred, which resulted in a plume of hexavalent chromium spilling into the atmosphere. That plume travelled over the water and blew into the residential suburb of Stockton, which is to the east of the heavy industrial area of Kooragang Island. It took the company 16 hours to notify the State Government of that emission.
The Hon. Dr Peter Phelps: Was that our fault?
The Hon. LUKE FOLEY: The Government Whip interjects. It is the first time he has come to Robyn Parker's assistance in recent weeks. It was not the Government's fault that it took 16 hours for the company to notify the regulator. The company has been criticised by the Government and the others for taking 16 hours. The company has been criticised by me, the Labor Opposition, The Greens and others. It certainly took too long. Orica has to answer very serious questions about why it took 16 hours to alert the State Government, the regulator, of that spill.
However, the Minister and the O'Farrell Government have been silent on why it then took it 54 hours to inform the community. There is deep contradiction in what the Government says about the events of those few days in August. On the one hand, the Minister and the Premier have said repeatedly that the 16-hour delay in the company notifying the regulator was not good enough. But, on the other hand, they go on to either ignore or at times mount an apologia for the Government's failure to alert the community for 54 hours.
After the spill had occurred on the Monday night and the regulator had been informed, we are told, by 10.30 a.m. on the Tuesday, it took until 3.37 p.m. on the Thursday afternoon for the Minister to make a ministerial statement in the other place. From the documents returned to the Legislative Council following the call for papers, carried by honourable members in this House, we know that the advice from the most senior staff of the Premier to the environment Minister's office was to not make any statement until after question time on the Thursday. That goes to the very heart of our criticism of the O'Farrell Government's cover-up of the Orica chemical leak for such a long time: It was a political exercise to shield the Minister and the Government from scrutiny in the Parliament. The Government waited until the Legislative Assembly was ready to rise for the week and in the dying moments of that parliamentary sitting week the environment Minister was finally given permission by the Premier's office to let the public in on what had happened 70 hours prior.
When I heard about the incident I went to Stockton and Kooragang Island the next morning. I went to the factory gates with angry local residents. I went into Stockton and met with the local community. I went to 7006 LEGISLATIVE COUNCIL 8 November 2011
the Stockton Early Childhood Learning Centre and observed for myself the workmen in industrial gear with industrial hoses cleaning the playground facilities and emptying the sandpit because of the leak of hexavalent chromium. Advice had finally been shared with the public that children should not be allowed to play outside. Yet children had played at the Stockton Early Childhood Learning Centre and in front yards, backyards and parks in the suburb of Stockton for all of Tuesday, Wednesday and Thursday until the Government finally got around to issuing an alert late on Thursday.
We believe the Government is coming up with a legislative package now because of its gross failure in handling this matter and, in particular, because of the abject failure of the Minister for the Environment to exercise her ministerial responsibilities and alert the public to a potentially serious chemical emission that posed a hazard to the environment and to human health. Because of that failure we now see the Government engaged in a political exercise to look as if it is doing something about pollution. The truth is that the Minister abjectly failed to carry out her responsibilities when it mattered in those immediate hours after the Government was notified at 10.30 on the Tuesday morning of the chemical leak from Orica's Kooragang Island plant.
I would like to respond to some of the matters raised by the Hon. John Ajaka in his second reading speech and, more pertinently, to matters raised by the Minister for the Environment in the other place about Labor's record when it comes to the Environment Protection Authority and the regulation of environmental matters in this State. The Hon. Bob Debus, MP, who I considered to be one of the finest environment Ministers in the history of this State, created the Department of Environment and Conservation in 2003.
This brought the resources and expertise of four smaller agencies—the National Parks and Wildlife Service, the Environment Protection Authority, Resource NSW and the Royal Botanic Gardens and Domain Trust, as it was then—under one roof. It was designed to create one powerful, coordinated and effective hub of environmental expertise and advocacy within the New South Wales Government. Bob Debus and the Carr Government did that because of Labor's commitment to creating a strong and effective environmental voice inside government. The choice was made to bring those agencies together into one coordinated and powerful body inside Government rather than sticking with numerous small departments and agencies.
At the time the environment movement in this State—including the Total Environment Centre, the Nature Conservation Council and the National Parks Association—welcomed that reform. They welcomed it because it was seen for what it was: a reform designed to strengthen the environmental voice inside the New South Wales Government, not, as Robyn Parker now desperately suggests, to weaken it. Those amalgamations did not downgrade the legislated independence of the Environment Protection Authority; all of its powers remained intact. Yet what did we see when this Government came to office earlier this year? Right at the outset, in week one, we saw the abolition of the Department of Environment, Climate Change and Water.
When Mr O'Farrell announced his Cabinet the manoeuvre that took all of us by surprise, because it had not been shared with the voting public of this State prior to the election, was the abolition of the environment department. That was an action designed to downgrade the status and the environmental voice inside the New South Wales Government. We now see a bill introduced by this Government accompanied by rhetoric asserting that the Government is trying to re-empower an environmental voice inside the New South Wales Government—an environmental voice that we contend was destroyed or at least severely downgraded and weakened by the Premier in that initial act.
I will touch briefly on some of the initiatives that occurred under Labor with respect to the regulation and control of pollution in this State. We will not cop the rhetoric from this desperately weakened and enfeebled environment Minister, Robyn Parker, that somehow under Labor there was no commitment to tackling pollution in New South Wales. In 1997 the Carr Labor Government introduced the landmark Protection of the Environment Operations Act. If honourable members care to read Hansard they will be able to acquaint themselves with the strident objections from numerous Coalition members of Parliament at the time when Labor legislated for the Protection of the Environment Operations Act 1997.
That was landmark pollution protection legislation. The Labor Government introduced load-based licensing for air and water pollutants and linked licence fees to environmental impact, which created a financial incentive for pollution reduction. Labor enacted the State's first contaminated land remediation laws. Labor overhauled the State's hazardous chemical management laws to better protect the environment. Many of those initiatives were opposed by Coalition members.
Pursuant to sessional orders business interrupted to permit a motion to adjourn the House if desired.
The House continued to sit. 8 November 2011 LEGISLATIVE COUNCIL 7007
The Hon. LUKE FOLEY: I acknowledge that government responses to pollution in this State have evolved over decades. I recognise that there have been times when Coalition governments have acted to legislate in the area of pollution. When speaking in support of this bill many Government members in the other place made the assertion that it was a Coalition Government that created the Environment Protection Authority. That is true, but of course what they did not say was that it was in large part the successor to the old State Pollution Control Commission. The truth is that over the decades Coalition and Labor governments in this State have moved, step by step, to improve the legislative and regulatory regimes to respond to pollution and potential pollution particularly from heavy industry.
We see this bill in part as being another step along that road. That is why we are happy to support it. But we will not cop over-the-top rhetoric from an enfeebled Minister and Government backbenchers in the other place claiming that they are the heroes of the hour by acting to protect the environment when Labor never would. The truth is that Labor has a proud record in the area of the environment over the past 16 years. We will not accept the criticisms that have been thrown around in the past three months as a drowning Minister flails about in an attempt to save her career.
While we will support the bill, I foreshadow that Labor will move 10 amendments during the Committee of the Whole stage. They have been circulated by the Clerks. I will deal with them in detail in Committee, but in summary they will go to the composition of the revamped board of the Environment Protection Authority, the independence of the board and how it functions, and to the newly initiated statement of the board. We believe Labor's amendments if passed will, first, improve the bill; and, secondly, be more faithful to the recommendations of Brendan O'Reilly's report to the O'Farrell Government.
The Hon. CATE FAEHRMANN [6.33 p.m.]: The Greens support the Protection of the Environment Legislation Amendment Bill 2011. The Greens are generally supportive of the bill. It has been introduced in direct response to the 8 August 2011 Kooragang Island incident that involved a leak of hexavalent chromium, a carcinogenic substance, at Orica's ammonium nitrate production plant near Newcastle. The Greens commend the Government—we do not say that every time we speak to bills in this place, but this time we commend the Government for acting quickly to reform the limitations in the Protection of the Environment Operations Act and the Protection of the Environment Administration Act that were highlighted by the Orica incident when there was an unacceptable delay in notifying the correct authorities and the public of the leak. The bill will strengthen the Environment Protection Authority after it was weakened over the years by the Labor Government—and The Greens believe it was weakened by the Labor Government, despite the comments of the Hon. Luke Foley.
As members are aware, I have withdrawn The Greens bill that was designed to amend the Act to require immediate notification of a pollution incident because this bill deals with the substance of that bill in its entirety, which is a good thing. The Greens support the appointment by the Governor of a chairperson of the Environment Protection Authority, as contained in this bill. The Minister indicated in her second reading speech that the chairperson will be the community's champion and that she or he will be required to engage effectively with community groups as well as individual councils and regional bodies. It is clear that this position is expected to substitute for a number of positions on the existing board.
As we have already heard during debate this evening, the previous make-up of the board was 10 members—the director general and nine part-time members appointed by the Governor on the recommendation of the Minister. Two of the part-time members were to have experience in, or knowledge of, nature conservation or environment protection and were selected by the Minister from a panel of at least six nominees provided to the Minister by the Nature Conservation Council of New South Wales. Two members were to have experience in or knowledge of environmental aspects of agriculture, industry or commerce and were selected by the Minister from panels of nominees provided to the Minister by peak industry and employer organisations. All these positions will go.
In addition, the current board has one member with expertise in the area of environmental science. This will not change. One member is to have expertise in environmental law and is to be an academic employed at a New South Wales tertiary institution. The change is that the person no longer has to work out of the university. The member with experience in the area of environmental protection policy, the member with experience in regional environmental issues and the member with expertise in local government matters selected by the Minister on the recommendation of the Local Government and Shires Associations of New South Wales will all 7008 LEGISLATIVE COUNCIL 8 November 2011
go. The new board will comprise only the chair plus four members—one expert in environmental science, one expert in environmental law, one expert in corporate, financial and risk planning and management, and one expert in business. There is a real danger that in the Government's determination to create a new board along the lines of a corporate board—in the words of the Minister—key expertise will be lost and important community interests will not be adequately represented.
The Hon. John Ajaka mentioned in his second reading speech that the O'Reilly report recommended that an independent board be established whose membership is drawn from people with regulatory expertise as well as representatives of community interests. Our concern is to see stronger representation for community interests and local government. The Government has said that it has accepted all of Mr O'Reilly's recommendations. If it had, it would not be taking community representation off the board. The Hon. John Ajaka mentioned that current representatives on the board such as the Nature Conservation Council representatives, the Local Government and Shires Associations representatives and potentially the representative of regional environmental issues could not possibly hope to represent all members of the community. That is true, but I do not think we ever expect community representatives to represent every single member of the community. They are usually there to push a line that is generally for the community, not for corporations or companies and generally not for government.
It is a very important voice, particularly on the Environment Protection Authority board. I have spoken with some members of that board who have told me that members of the Nature Conservation Council and members of the Local Government and Shires Associations often bring issues to the board and push it to make sure it does its job of enforcing pollution laws in this State. They drive the board in many of the discussions, according to what I have heard. They raise issues that are sometimes more difficult for other members to bring up. Members of the community come to them to talk about issues. They are out in the community dealing with issues on the ground all the time. To lose the fighters, the champions for the environment, on this very important body is a real shame.
It is the downside to this otherwise very good bill. Once again, it is a shame the Government has tied in a provision that will cut community interests out of a piece of legislation that will actually do some good. We are aware that Labor intends to move amendments to reinstate community, local government and regional representatives, as well as other amendments. As The Greens were also intending to move amendments to ensure the community is adequately represented on the board, we certainly will support those amendments. I understand there is an amendment to ensure the board oversees the effective, efficient and economical management of the authority. Labor also has an amendment to clarify the independence of the board from ministerial direction. This addresses another issue for The Greens and we will give it our support.
On top of its existing functions—to determine the policies and long-term strategic plans of the authority, to develop and make available for public information guidelines relating to the institution of criminal and related proceedings, to determine whether the authority should institute proceedings for serious environment protection offences referred to in section 17 and to advise the Minister on any matter relating to the protection of the environment at the request of the Minister or on its own initiative—the board will now be required to provide an annual statement to the Minister on the success of the Environment Protection Authority in reducing pollution and public health risks. The Greens support this expansion of the board's duties. It is particularly heartening to see that the board will now be advising as to whether the level of environmental protection achieved by the authority is satisfactory in comparison with other Australian jurisdictions.
We agree with a proposed Labor amendment that the benchmark here should be world's best practice. We further recommend the annual report on the authority's effectiveness at engaging with the community, and will move an amendment to that effect. This will aid the cultural shift needed to place community interests at the centre of pollution regulation. We look forward to the statement being tabled annually in Parliament. It is excellent to see the Government taking up The Greens bill in its entirety with the amendment in relation to notification that replaces the term "as soon as practicable" with "immediately".
I spoke at length on the need for this in my second reading speech when I introduced The Greens Protection of the Environment Operations Amendment (Notification of Pollution Incidents) Bill 2011 several weeks ago. I have subsequently withdrawn that bill, which has been removed from the Notice Paper. The Greens support the expansion of the authorities to be notified to include the appropriate regulatory authority as well as the Environment Protection Authority, the local authority for the area in which the pollution incident occurs, the Ministry of Health, the WorkCover Authority, and Fire and Rescue NSW. 8 November 2011 LEGISLATIVE COUNCIL 7009
The Greens support the doubling of the maximum penalty for the offence of failing to immediately give notice of pollution incidents to $2 million for corporations from the current $1 million and to $500,000 for individuals from $250,000. It is imperative that the fines for pollution offences are high enough to act as a deterrent. In other words, fines need to be enough of a threat to companies that they change their practices and plant and equipment to ensure that pollution incidents that breach their licence conditions and cause material harm to the environment do not occur. Fines must be severe enough not to be seen as simply another cost of doing business.
I note that for fines to act as a sufficient deterrent not only do we need to increase the penalties but we also urgently need a shift in attitude to apply the maximum penalties available. I have reviewed the penalties issued under this Act for pollution offences and rarely have the fines reached anywhere near the maximum available. When the maximum has been $l million, most fines have been in the order of tens of thousands of dollars. This suggests it is not the Act that has been limiting the scale of the fines but the discretion of the regulator and the courts.
There needs to be greater preparedness to issue much more substantial fines so that there is a real deterrent to poor practice in pollution management. I will give a couple of examples of low penalties for failure to notify pollution incidents to demonstrate why increasing fines in the Act may not lead to increases in the fines imposed on companies. Ramsey Food Processing was found guilty of failure to notify of a pollution incident that increased the toxicity of water bodies causing death of aquatic species and was deemed to have seriously harmed the environment in the short term. The company was fined $80,000.
In 2002 Caltex Australia Petroleum Pty Ltd failed to notify of a pollution incident that caused or threatened material harm to the environment for which it was not issued with a fine but was instead ordered to pay $15,000 to Moree Plains Shire Council. The incident cost the Environment Protection Authority $10,000. Given the amount of profit Caltex earns each year, the fines issued to big companies for breaching licence conditions—some of them time and again—really need to be much greater than that.
The Greens welcome the new requirement for licence holders to prepare pollution incident response management plans, the ability of the authority to direct others to do so, and the provisions in the bill specifying the content of those plans and requirements for them to be tested regularly. The Greens are pleased to see the strengthening of the circumstances in which mandatory environmental audits can be imposed. Previously, the appropriate regulatory authority could carry out an environmental audit on a licence holder only if the authority reasonably suspected that the holder of the licence had on one or more occasions contravened the Act, the regulations or the conditions of the licence, and that the contravention or contraventions had caused, were causing or were likely to cause harm to the environment. Sometimes this would be hard to prove of course until an environmental audit was carried out. The bill will enable the appropriate regulatory authority to carry out a mandatory environmental audit on the reasonable suspicion that an activity has been or is being carried out by the holder of the licence in an environmentally unsatisfactory manner.
The Greens very much support this provision. The details of each mandatory environmental audit as well as pollution studies and pollution-reduction programs will now also be on the public register that already exists on the Office of Environment and Heritage website. That is another big tick in The Greens' eyes. Within 14 days of obtaining pollution monitoring data as part of its licence conditions, a company must make that data available on its website as well as provide a copy of it at no charge to any person who requests a copy. The maximum penalty for failing to do this is $4,400 in the case of a corporation and $2,200 in the case of an individual. The Greens are concerned that these fines are not high enough to ensure compliance. We also question whether it is appropriate for the fine for corporations to be only double the fine for individuals. We would expect the fine for corporations to be proportionately higher. Therefore, we will be moving amendments in regard to this.
The bill also makes it an offence to provide monitoring data that is false or misleading in a material respect, and again we consider the fines to be too low. The provision of false and misleading information is a very serious offence warranting more serious fines, and we will move amendments to correct that. Naturally, the expanded and increased responsibilities for the Environment Protection Authority and the board contained in the bill will require an increase in resources in order for them to be implemented effectively.
We look forward to seeing the Government make these resources available without drawing funds away from other important areas of environmental protection. We seek an assurance from the Hon. John Ajaka when he replies to the debate that in giving responsibility for regulating industrial pollution to the new 7010 LEGISLATIVE COUNCIL 8 November 2011
independent authority there will not be a lessening of focus on other regulatory activities if they continue to be undertaken by the Environmental Protection and Regulation Group, including compliance with private native forestry, native vegetation and threatened species laws. We see merit in moving these other regulatory functions across to a new and improved Environment Protection Authority.
Overall, The Greens see this bill as an important first step in reforming the way in which pollution is regulated in New South Wales. Beyond this bill, it is essential that the Environment Protection Authority sets stronger pollution reduction targets to ensure that pollution is reduced to protect health and the environment in line with community expectations. We know that there is much more to do to ensure that our pollution laws do their job. We look forward to working with the Government on an ongoing process of regulatory reform in this area as it responds comprehensively to both the O'Reilly report and the environmental audits now being undertaken. The Greens will support the bill, as we have indicated, but we do look forward to discussing some very important amendments.
The Hon. SCOT MacDONALD [6.53 p.m.]: I support the Protection of the Environment Legislation Amendment Bill 2011. It was gratifying to hear the Leader of the Opposition endorse the comments of the Minister for the Environment, including what appears in Hansard. But the Leader of the Opposition, and shadow environment spokesman did not mention some other remarks made by the Minister that also appear in Hansard. The Minister made some very salient points in her speech. For example, when asked why the previous Government had not done anything about the system, the shadow environment spokesman said, "It was not on our radar." The system was not on Labor's radar. In the past 16 years 76 major pollution incidents were dealt with completely unsatisfactorily in terms of the reporting timetable. Under Labor we had delays of two years, six days, three years, 14 days, 37 days, eight days, one day, six days, 19 days, 14 days, and so it goes on, and there were 32 other incidents.
Under the previous Government there were 76 major pollution incidents, most of which had a reporting time far beyond what was experienced with Orica. As a number of members, including the Hon. Cate Faehrmann, have said, the Orica incident is probably the catalyst for this bill, but it is the cumulative tardiness of the last Government regarding more than 76 pollution incidents that make the bill so important. The Environment Protection Authority has lost its way over the past 16 years, as a number of members have noted. The authority was established by a Coalition Government and its powers were successively diluted over the next 16 years. The amended Act will see the appointment of an experienced board and an environmental regulator who will have direct responsibility for communication.
The other thing that attracts me to the bill is that it will ensure all major industries submit an environmental plan and maintain the communication lines that go with it. The chairperson will meet with community consultative committees, including the newly established Lower Hunter and Newcastle areas. When specific issues warrant it, the chairperson will engage face to face with individual councils and regional bodies. The Leader of the Opposition in this House mentioned that Labor introduced the Protection of the Environment Operations Act, but it is clearly inadequate. The amended Act will require industry to report serious pollution incidents immediately not only to the Environment Protection Authority but also to the Ministry of Health, the WorkCover Authority, Fire and Rescue NSW and the local council. Consequential amendments will also include the necessity for the licensee to report the incident immediately without having to wait for all the information about the incident to be available. However, the licensee must provide further information as and when it becomes available.
Mention has been made of the fines to be imposed. The major fine will be increased to $2 million, which is a substantial sum. We will address The Greens amendments and their suggestions later. The Orica incident highlighted the need for broader provisions and for appropriate premises to prepare, implement and test pollution incidents and their response management plans. This will include community notification and communications protocols. The bill is designed to complement existing requirements that are in place for major hazardous facilities under WorkCover legislation.
It is proposed to make it more straightforward for the Environment Protection Authority to require mandatory environmental audits to be conducted when it reasonably suspects that an activity has been or is being carried out in an environmentally unsatisfactory way. Another appealing aspect of the legislation is the provisions dealing with the community's right to know. Industry will be expected to monitor and to make that data available in a simple and meaningful way. It will have to be on company websites and will be reported by the Environment Protection Authority on its public register. I commend the bill to House. 8 November 2011 LEGISLATIVE COUNCIL 7011
The Hon. PAUL GREEN [6.57 p.m.]: The Christian Democratic Party supports the Protection of the Environment Legislation Amendment Bill 2011. The essential object of the bill is to increase the independence and efficiency of the Environment Protection Authority. It will create a new expertise-based board with a chairperson. This body will be run with clear governance, more accountability and reporting requirements. It will hold the Environment Protection Authority to account and require it to report directly to the Minister.
The bill will also bolster the ability of the Environment Protection Authority to better regulate serious pollution incidents by refining notification requirements, improving response to pollution incidents and increasing penalties for non-compliance. I note that the Minister for the Environment said the bill commences a process that the Government has been working on from day one and since realising a number of the inadequacies highlighted by the Orica incident. Unfortunately, the response to the Orica incident was too slow. That is my view and that of the community, and I applaud the reforms recommended by Mr Brendan O'Reilly in his review of the Kooragang Island incident.
I note also that the community has a right to know as soon as possible when a public health issue arises. The bill will obviously help the Government work a little harder to get good results and outcomes. I also note the Minister said that, by placing the Environment Protection Authority at the forefront of environmental regulation, the legislation represents the Government's getting on with the business of being prepared to fix the mistakes and sloppy behaviour of the past Government. I do not care whose problem it was. We endorse the policy of getting on with business and making things right, not running a fear campaign that harms very vulnerable and fragile people. We need to fix the problems, and we look forward to doing that and to considering the amendments in Committee. I commend the bill to the House.
Debate adjourned on motion by the Hon. Dr Peter Phelps and set down as an order of the day for a future day.
ABORIGINAL LAND RIGHTS AMENDMENT (HOUSING) BILL 2011
Message received from the Legislative Assembly returning the bill without amendment.
THE HONOURABLE DUNCAN GAY COMMENTS
The PRESIDENT: Order! During question time a series of points of order were taken in relation to a comment made by the Hon. Duncan Gay replying to an interjection. This interjection itself followed a point of order, which, while it had some substance, was lengthy and was taking up the Minister's time to answer a question from a Government member. Mr David Shoebridge suggested that I view a transcript of the remarks, which I have done. It is clear that none of the words used are offensive and it is impossible to impute some other meaning to them other than the one found in a dictionary. I rule that the words are not offensive and that, therefore, the Hon. Duncan Gay is not required to withdraw them. The orderly functioning of Parliament relies entirely upon the good sense and courtesy of members. I invite all members to reflect on that matter. To bring closure to this matter, it is open to the Hon. Duncan Gay to accept my invitation to withdraw them, if he wishes.
The Hon. DUNCAN GAY: Mr President, I accept your invitation and withdraw them.
The PRESIDENT: I thank the honourable member for his actions.
ADJOURNMENT
The Hon. JOHN AJAKA (Parliamentary Secretary) [7.01 p.m.]: I move:
That this House do now adjourn.
MOVEMBER
The Hon. NIALL BLAIR [7.01 p.m.]: During November each year Movember is responsible for the sprouting of moustaches on thousands of men's faces in Australia and around the world. I acknowledge that this is happening to a number of members in this House. The Hon. Jeremy Buckingham, the Hon. Rick Colless and I are attempting to sprout moustaches for a wonderful cause, which aims to raise vital funds for and awareness of men's health—specifically prostate cancer and depression. The idea of Movember is that men who undertake the task of growing a moustache will become walking billboards for the 30 days of November and through their 7012 LEGISLATIVE COUNCIL 8 November 2011
actions will raise awareness and hopefully encourage discussion about some vital health issues that face men today in Australia. The funds raised in Australia support equally the two biggest health issues men face: prostate cancer and depression. The funds will go to the Prostate Cancer Foundation of Australia and beyondblue. Those participating in Movember can be sponsored by friends and also can join teams. Anyone can sponsor a participant by logging on to the website at www.movember.com.au.
The Movember movement began in Melbourne and has grown to become a truly worldwide movement with over 1.1 million Mo Bros and Mo Sistas participating throughout the world in Australia, New Zealand, the United States of America, Canada, the United Kingdom, Finland, the Netherlands, Spain, South Africa and Ireland. I should clarify that Mo Sistas do not participate by growing moustaches; they support their male friends. In 2010 over 130,000 Australian Mo Bros and Mo Sistas raised over $25 million for this fantastic program. One reason I decided to participate again in Movember, as I have in many other years with my father and brothers, is to address some men's health issues throughout Australia. I should like to outline some facts obtained from the Movember website.
The average life expectancy for men is five years less than women, presently 77 years old compared to 82; one in three men will be diagnosed with cancer in their lifetime; every hour more than five men die prematurely in Australia from potentially preventable illnesses; four times as many men commit suicide compared with women; almost twice as many Australian men die of skin cancer than women, the fourth most common cancer among men; every cigarette smoked takes eight minutes off your life and smoking a pack a day for 20 years reduces your life by 13 years; 75 per cent of people with diabetes die from cardiovascular diseases; a man's life span is affected by genetics—24 per cent—and modifiable risk factors—75 per cent; men account for 70 per cent of alcohol-related deaths; one-third of men have not seen a doctor in the past year, and 10 per cent have not seen one for five years.
More than two-thirds of Australian men are overweight or obese, increasing their chances of developing many diseases; 72 per cent of men admit to binge drinking, which can lead to long-term brain, heart and liver damage and increased risk of cancer; men in blue-collar jobs are 2,5 times more likely to die from liver disease than white-collar workers; each year in Australia close to 3,300 men die from prostate cancer, equal to the number of women who die from breast cancer annually, and around 20,000 new cases are diagnosed in Australia every year; and testicular cancer is the second most common form of cancer amongst men in the 18 to 39 age bracket, however, the outlook is positive for those diagnosed with this disease with about 95 per cent of men surviving testicular cancer.
Movember is a fun exercise in which to be involved, but has a serious outcome and reason for being such a fantastic worldwide initiative. I ask everyone during Movember month to engage with the men who are participating, to get behind them and to sponsor them but, more importantly, we must encourage all of our male counterparts to talk about male health issues and to see a doctor.
KARNATAKA STATE FIFTY-FIFTH ANNIVERSARY
The Hon. AMANDA FAZIO [7.06 p.m.]: On Saturday 5 November I had the pleasure of representing the Leader of the Opposition, John Robertson MP, at the Sydney Kannada Sangha Rajyotsava function marking the fifty-fifth anniversary of the formation of the State of Karnataka and Children's Day celebration. This is the second year I have attended this celebration and I must commend the Sydney Kannada Sangha for its excellent organisational skills. The importance of this function was demonstrated by the presence of the Hon. Govind M. Karjol, Minister for Kannada Culture and Information in Karnataka State; Padmashri Dr K. S. Nisar Ahmed, a noted Kannada poet; and Dr Mrs Shamita Malnad, a respected Sugama Sangeeth singer from Karnataka. Also present at the function last year and this year was a senior spiritual representative of the Swami Vivekananda Yoga Anusandhana Samsthana, which is the equivalent to a university which provides instruction and training in yoga and spiritual lore as propounded by Swami Vivekananda. Last year His Holiness Taralabalu Jagadguru Dr Shivamurthy Shivacharya Mahaswamiji, attended and was warmly greeted by all those present.
Kannada is the language spoken in the Indian State of Karnataka of which Bangalore is the capital city and also known as the software capital of the world. Sydney Kannada Sangha Inc. is a not-for-profit association of Kannada-language speaking people of Sydney. More than 60 million people speak Kannada. Sydney Kannada Sangha was established more than 29 years ago by only a few families. Now the Kannada-speaking population exceeds more than 1,000 families. Sydney Kannada Sangha is at the forefront in establishing the link between the Kannada associations in the Asia-Pacific region known as Asia Pacific Kannada Okkuta, involving 8 November 2011 LEGISLATIVE COUNCIL 7013
associations in Melbourne, Adelaide, Canberra, Brisbane, Singapore and New Zealand. The aim of Kannada Sangha is to serve the Kannada community by providing a forum to preserve the language and try to pass on the culture and art to future generations.
The evening included many cultural performances, a large number of which were performed by children in recognition of Children's Day, which is the anniversary of the birth of independent India's first Prime Minister, Pandit Jawaharal Nehru. Prior to the start of the function, the children were given special workshops to learn the traditional arts and crafts of Karnataka and their works were on display during the evening. The President of the Sydney Kannada Sangha, Dr Sid Orenkondy, was honoured in January this year when he was presented a Lifetime Achievement Award at the 2011 New South Wales Premier's Indian Subcontinent Community Service Awards. The citation for his award stated:
Dr Orenkondy is recognised for his 37 years of outstanding volunteering for the community. He is a founding member of Sydney Kannada Sangha Inc, the United India Association of Australia, the United India Association Friendship Fair and Veerashaiva Samaja of Asia-Pacific. Dr Orenkondy is also currently the President of the Sydney Kannada Sangha and Veerashaiva Samaja of Asia-Pacific. He is the Honorary President of Chandana TV and has previously served as President of the Australian Indian Medical Graduates Association. He also introduced a Kannada segment on SBS radio.
Dr Orenkondy came to Australia 37 years ago and has contributed significantly to Australian-Indian relations and has been recognised for his voluntary work in India and Fiji. Dr Orenkondy is a well-respected ophthalmologist and in November 2010 the Indian Government gave him a State award, the Karnataka Rajyotsava award for service to the community. This award would equate to an Australia Day award. The award was in the category of "Outside Karnataka/Overseas Kannadigas", which acknowledges the work of people who were brought up in Karnataka State but who have served communities abroad. The award was also in recognition of the free eye camps that Dr Orenkondy has conducted in India and Fiji.
I commend Dr Orenkondy for his service to the Indian community in general and the Kannada Sangha in particular. It is through the voluntary work of people such as Dr Orenkondy that our community and society is enriched. I hope that the 2011 New South Wales Premier's Indian subcontinent community service awards will not be the one and only time that these awards are presented. I believe that we should recognise the significant contribution made to the State of New South Wales by people from the subcontinent and that we should continue to have these awards. I urge the Premier to continue with the Indian subcontinent community service awards.
100 MILE CHALLENGE
The Hon. PAUL GREEN [7.11 p.m.]: Today I will speak about food. I apologise in advance to all who are present as the content of this speech may cause growling of stomachs and salivation. However, that is the intention of my speech about the 100 Mile Challenge. The 100 Mile, or 160-kilometre, Challenge was announced by Deputy Premier Andrew Stoner at the launch of the Crave Sydney International Food Festival. This challenge is seen as an important initiative to showcase regional food and wine communities in the State and to encourage collaboration between these regions. The aim of the challenge is to develop a menu with matched wines specifically using produce from within 160 kilometres of a specific region.
This year the competition challenged five regions to produce the best three-course meal using local produce. The regions were: The Riverina, Mid North Coast, Central West and Ranges, Southern Highlands, and the awesome South Coast. The rules of engagement in the kitchen were to satisfy conditions which ultimately resulted in a three-course plattered menu of 100-mile produce with matching wines. While the idea of eating produce from within a 100-mile radius is not necessarily new, the 100 Mile Challenge is the first time that five teams from regional New South Wales have been matched with established Sydney chefs to showcase the regions' produce.
A team of six judges were ruled by a set of specific criteria. The first component accounted for 15 per cent of the total score: how well the region was represented by the menu; how well the producer had been represented; and how the team worked to promote the region and the challenge. The lunch consisted of 85 per cent of the score and judging was based on: food; presentation; use of 100-mile produce; quality of ingredients used; kitchen skills and technique; taste, flavour and variety; and use of seasonal produce. The third component of judging was for the wines: appropriateness; match to food; and knowledge of the wine by the serving team. The table presentation consisted of 10 per cent of the score: how well it represented each region; service; and atmosphere. I can only assume it was reflective of the work involved in a venture of this kind that the official judging criteria added up to a total of 110 per cent. 7014 LEGISLATIVE COUNCIL 8 November 2011
By this stage members are probably wondering what the winning three-course meal consisted of. Before I divulge the winning menu, I am happy to announce that the winner was the South Coast. The menu was reflective of the finest produce that one could find within a 100-mile radius of that region. The starters consisted of sourdough bread from Berry with olive oil and three styles of olives. The entree was a delicious presentation of oysters and lime-cured Kingfish with broad beans, fresh herbs and lemon dressing. The winning main dish was a warm salad of eastern rock lobster with potatoes, jamon and fine herb mayonnaise prepared by chefs from the Mollymook restaurant Rick Stein at Bannisters. The matching 2005 semillon was from Coolangatta Estate in Shoalhaven Heads. This fine menu finished with a dessert of basil and honey infused panna cotta with strawberry jelly, baked rhubarb, and fresh strawberries, matched with a 2008 late harvest chardonnay from Cambewarra Estate, Cambewarra. This goes to show that succulent dishes such as these can really showcase the best produce that the South Coast has to offer.
I would like to thank the Australian Broadcasting Corporation and the Sydney Morning Herald for sponsoring this event. I would also like to mention Adam Spencer from 702AM ABC radio for hosting the winning table. I congratulate the South Coast for their win and I am proud to come from that region. For me it is certainly worth the 2½ hour drive to live on the South Coast. We do have great food down on the South Coast and members are all welcome to come and support that community and the communities in the regions across New South Wales that participated in the 100 Mile Challenge.
STEBER INTERNATIONAL
The Hon. JENNIFER GARDINER [7.16 p.m.]: A wonderful, longstanding decentralised business in a regional centre is that of Steber International located at Taree. It is a business that was recently afforded another well-deserved accolade as overall winner of the manufacturer of the year at the Hunter manufacturing awards. Steber also won the award for excellence in design for rescue vessels. The judges said that this was an all-round splendid performance by a discernibly energetic, innovative and employee-empowering company and that its strong sense of the business and the people in it was that they just "get it". The company was said to be using programs, techniques, investment and involvement in every sense of that word to allow it to run as hard as possible—and it is.
The criteria for the awards included: product designs; unique concepts and material usage in the market place; performance and design parameters; evidence of impact on safety, sales and productivity; community support and involvement; management philosophy and employee commitment; commitment to continuous improvement; process; sustainability of products and services; and world-class performance in manufacturing. This award is one of a string of honours, including the 2011 Club Marine Australian Marine Industry Export Awards at which the managing director, Mr Alan Steber, was awarded export champion in recognition of his significant achievements and contributions to the global and national marine industry. Steber International also won other awards on the night.
Steber International is a family-owned business founded in 1946, originally producing timber clinker hull boats. In 1959 it switched to using fibreglass in the manufacture of vessels, one of the earliest boat builders in Australia to do so. Originally based in Brookvale, Steber International relocated to Taree in 1974 when the then Liberal and Country Party Government made decentralisation an extremely high priority and a number of manufacturing companies relocated to Taree. The company moved from producing runabouts to pleasure and commercial vessels ranging from six to 15.8 metres. In the 1990s Steber International diversified into the industrial composites industry and committed to improvements through research and development. The secret to the success and longevity of the business includes: emphasising quality control; customer service; and maintaining a diverse highly skilled workforce qualified in ship and boat building, engineering, electrical and composite technology. Steber International has employed many apprentices over the years.
The company is committed to environmental sustainability and it produces commercial, rescue, police patrol and pleasure boats. Steber International is now producing five general purpose navy support vessels, following its production of 10 similar vessels over a decade ago—all of which are still performing well. Recently Steber International was commissioned to produce a third marine rescue vessel for Marine Rescue NSW on the Clarence River. Last year, with a number of Nationals colleagues, I inspected an extremely impressive luxury vessel that was being readied on the Manning River. It came complete with a double decompression chamber and was destined for the Middle East.
The company is on a four-acre site with approximately two acres under cover. The facility has designated areas for composite manufacture, construction, fit-out, engineering, stainless steel and aluminium 8 November 2011 LEGISLATIVE COUNCIL 7015
sheet metal production and internal cabinetry, and furniture and upholstery manufacturing. The core business of the composite component manufacturer is undertaken in a climate-controlled factory. This ensures that all laminating is carried out within humidity and temperature parameters, which allows 24-hour production when required. The company helps to develop the community and actively participates in industry groups. Alan Steber is a director of the Boating Industry Association as well as the Australian International Marine Export Group. I congratulate the Stebers, Alan, Colin and Graham, their families and their employees. This company is proudly an Australian manufacturer. They are boat builders extraordinaire, probably the best in Australia. They export throughout Australia and the world from the Manning Valley. Long may it be so.
TAMBERLIN INQUIRY
The Hon. ERIC ROOZENDAAL [7.20 p.m.]: The Special Commission of Inquiry into the Electricity Transactions by Justice Tamberlin released its findings on 31 October 2011. This six-month inquiry produced a report of over 361 pages at a cost of around $2.2 million. It examined all the documents and evidence in relation to the energy reform strategy and electricity transactions, including Cabinet papers. The inquiry spoke to all relevant public servants, advisers, bidders, probity advisers and me, and anyone else who was interested in giving evidence to the inquiry. Every aspect and detail was carefully examined by the independent judge. I have consistently said that an independent review of the energy reform strategy would show that it was a beneficial deal for the people of New South Wales. Despite the best efforts of Premier O'Farrell to minimise the findings of his own inquiry, I have been proved right. Paragraph 30 (ix) states:
The Inquiry is of the view that:
a. the governance structure adopted;
b. the process by which the assets were offered to the market; and
c. the decision to sell the assets the subject of acceptable bids were, in the circumstances of the then Opposition's position not to support the legislation, the economic climate, the expert advice available to the Government and the uncertainty over carbon pricing, reasonable and appropriate.
Paragraph 19 (viii) states:
The Inquiry is of the view that the decision to sell the gentrading rights was made in the knowledge that it was a sub-optimal solution. The best option, however, was not available, that is the sale or long-term lease of the generators under legislative authority.
Of course, that was because the then Opposition refused to support it. It continues:
It accepts that some action was necessary to reform the electricity sector in light of the recommendations made by Professor Owen.
Paragraph 36 (x) states that Mr Challen, expert adviser to the committee:
… expressed the following view, with which the Inquiry agrees:
The transactions were implemented using a process which, in my view, meets best practice standards. The governance arrangements were robust, implementation was thorough and documentation appears generally to have been of a good standard.
Paragraph 65 (xiv) states:
The Inquiry concludes that, on the basis outlined in the report, the State received value for money from the electricity transactions.
I emphasise that it says "value for money". Paragraph 71 (xv) states:
The Inquiry accepts that the substitution of trading risk for the risk of a liability for Availability Liquidated Damages is beneficial for both fiscal and policy reasons. The fiscal reason is that the acquired risk is lower than the trading risk. The policy reason is that the measure of damages for breach of the covenant to provide a certain level of capacity is not referrable to the spot price of electricity in the NEM at the time of breach.
Again, this demonstrates what a good deal this was for the people of New South Wales. It goes on to say:
Bringing the full set of transactions together, and having regard to the material value in reducing State debt, preserving NSW's AAA credit rating—
7016 LEGISLATIVE COUNCIL 8 November 2011
a credit rating that was won back by the last State Labor Government—
and incentivising the private sector to invest in electricity generation and retail, it is reasonable to conclude that the benefits of the transactions overall exceeded the costs and expected value of the new net risks.
Paragraph 79 (xvii) states:
For the reasons given in the report, the Inquiry considers that the Electricity Transactions:
a. have delivered a more competitive retail electricity market in NSW;
b. have the potential to deliver a more competitive wholesale electricity market in NSW.
Paragraph 89 (xix) states:
The Inquiry's view is that the sale was structured so as to deliver the objectives sought by the State for the benefit of the State as a whole and to respond to Professor Owen's recommendations. The State had engaged well qualified experts to advise it about the sale. By contrast, the decision to be taken by each director was in the context of the interests of Delta Electricity or Eraring Energy and not in the broader interests of the State of NSW.
It states that the directors did not act in the broader interests of the State of New South Wales. Paragraph 91 (xix) states:
This was no fire sale.
I repeat:
This was no fire sale. While it can be appreciated that at least some of the directors wished to have greater involvement in the process and decision making, ultimately, it was a decision of the Government acting in the broader interests of the State as to the disposal of assets it owned.
This inquiry contrasts dramatically with the farce that was the parliamentary inquiry. An article in the Australian Financial Review dated 1 November 2011 states:
The measure of the political hypocrisy involved in the electricity privatisation process in NSW is starkly obvious from a comparison of the results of the Tamberlin inquiry with those of a NSW upper house committee inquiry released in February. The upper house committee included O'Farrell's lieutenants while in opposition and right-wing stager Fred Nile. They concluded that the electricity assets were sold in a fire sale, that the contracts should be reversed and that the whole affair had been mishandled.
This was a slur on the professional approach taken by NSW Treasury and its advisers Credit Suisse and Lazard. Tamberlin has restored some common sense to the analysis and in the process has busted some of the myths that were circulating at the time the assets were sold.
I thank the Minister for Finance and Services, the Hon. Greg Pearce, for recommending Justice Tamberlin to undertake this inquiry. I said that an independent inquiry would vindicate the Labor Government and show that the sale was good value for the people of New South Wales. The people of New South Wales did receive good value and we reduced debt in the State and protected the triple-A credit rating. The Tamberlin inquiry is the most extensive research analysis of any public asset sold in the history of New South Wales. I recommend that all members take the time to read the report, including the king of smear sitting over there and making his cheap insults.
COAL SEAM GAS EXPLORATION
The Hon. JEREMY BUCKINGHAM [7.25 p.m.]: Tonight I speak about a recent journey I took from beautiful Orange in the central west to the Liverpool Plains. I went on this lovely drive with my darling wife, Sarah, along the Macquarie River through Wellington, past Gulgong and Tambar Springs, where The Greens poll so well, and down onto the Liverpool Plains. When we got to the Liverpool Plains what did we see? We saw the beautiful chocolate plains, the canola in the fields, the winter crops being turned in and the national parks to the north. We also saw thunderclouds; there was a storm brewing. We could see the lightning strikes and hear the thunder overhead. Raptors were playing in the breeze. It is a romantic and inspiring part of the world. I encourage all members to visit this part of the world and have a look at this powerhouse of Australian agriculture, one of the most fertile food bowls in the world.
The thunderstorm was not the only storm brewing. We were in the eye of the coal seam gas storm. I turned up at Clift Road, Spring Ridge, two days after the Caroona Coal Action Group had launched another 8 November 2011 LEGISLATIVE COUNCIL 7017
blockade. On the first day, 27 October 2011, 100 farmers were involved in the blockade and the next day there were 90 farmers. When I arrived a stalwart band of 20 farmers was sitting in the shade gasbagging, having a talk about what was happening.
The Hon. Dr Peter Phelps: Coal seam gasbagging.
The Hon. JEREMY BUCKINGHAM: That is right, we were talking gas. Why was I there? At the budget estimates hearing on the Friday the Hon. Chris Hartcher had challenged me to go to Spring Ridge to see his people. When I went to Spring Ridge and met with those people I did not meet any of his people. The blockade at Spring Ridge, like the blockades at Warner's Landing and key environmental protests, will go down as one of the most important moments in Australian history. Grant Norman, Tim Duddy, Paul and Rosemary Nankerviel and others led the Caroona coal blockade against BHP for 615 days and won. The farmers at Spring Ridge have said enough is enough and the Government should take note. They are participating in productive, peaceful, civil disobedience. They are sitting down talking about the future of their society.
[Interruption]
You demean them with your silly antics, the Hon. Duncan Gay. You demean them with your lack of consideration for what their lives are becoming because of this campaign. They said:
Our farmers should be growing our food not manning blockades but the community feel they have no other choice.
Imagine a farming community with no other choice. They said:
They are committed to protect our most valuable resources and it is a credit to them. The blockade will continue until the community get assurance from Santos that they will wait until the completion of the Namoi Catchment Water Study before they commence drilling.
That was a commitment of this Government that it has not honoured. Santos is rolling in across the Liverpool Plains and coal seam gas is rolling in across the whole of our landscape. The Hon. Jennifer Gardiner would be aware of community concern in Taree, where 300, 400, 500 people—however many there were—protested against coal seam gas. The Hon. Chris Hartcher thought they would get a friendly reception there. We have seen a paradigm shift in Australian culture and politics—the coming together of true Greens, farmers and conservationists worried about our food bowl. The storm brewing on the Liverpool Plains was not just a thunderhead cloud, it was not just a thermal bringing much-needed rain; it was the eye of the coal seam gas storm.
PLATYPUS PROTECTION
The Hon. WALT SECORD [7.30 p.m.]: As the duty member for Campbelltown, Camden and Wollondilly, I speak on an important environmental event in the Macarthur region. In mid October a fully grown male platypus was found upstream from Freres Crossing. It is believed to be the first confirmed sighting on the Georges River between Appin and Kentlyn in years. The platypus—now a State emblem—is a notoriously shy, nocturnal creature. It was first recorded by Europeans in Australia in 1797. Europeans in Europe initially declared the platypus to be an elaborate hoax as they could not believe an egg-laying, venomous, duck-billed, beaver-tailed and otter-footed mammal could exist. Like many native fauna, the platypus has declined in population during settlement and expansion.
Platypus struggle as native vegetation has disappeared from banks, water has been polluted and river systems have been altered. Sightings have occurred in the Ku-ring-gai Chase, Royal and Heathcote national parks, but sightings in other parts of Sydney are extremely rare. Hence, the finding of a fully grown platypus in the Georges River is significant. But it came at a bitter price. This platypus was found with a fishing line down its throat and wrapped around its bill. As breathing mammals, platypus can only last a few minutes under water. It appears that this one drowned. Experts are now examining the corpse to see what we can learn from its death.
While tragic and bittersweet, this discovery has given renewed hope that the platypus has somehow survived in this part of the Georges River. Hence, the local newspaper, the Macarthur Chronicle, and the National Parks Association's Macarthur branch have teamed up to launch a new community project called Platypus Watch. They want the community to assist in locating other platypuses in the Georges River. I commend this initiative. I note of course that the platypus is a protected species. They cannot be hunted or kept as pets. 7018 LEGISLATIVE COUNCIL 8 November 2011
I note the work of Julie Sheppard, an executive member of the National Parks Association's Macarthur branch, Dr Tom Grant from the University of New South Wales and Dr Robert Close from the University of Western Sydney in providing information on this important discovery. Ms Sheppard is well known for campaigning against certain yabby traps in the Macarthur region as they impact on platypus. Dr Close has also expressed similar concerns. I conclude with a comment by Dr Tom Grant, who said:
It is a horrifying trend that we can spend all that time looking for platypus in the streams around Sydney without result, and yet they turn up dead.
Dr Grant is, of course, correct. But with a bit more work the sightings of live and thriving platypuses may again be part of life on the Georges River. Let us hope so.
Question—That this House do now adjourn—put and resolved in the affirmative.
Motion agreed to.
The House adjourned at 7.33 p.m. until Wednesday 9 November 2011 at 11.00 a.m.
______