Legislative Council Minutes No. 159 Wednesday 23 June 2010

LEGISLATIVE COUNCIL

MINUTES OF PROCEEDINGS

No. 159

WEDNESDAY 23 JUNE 2010

Contents

1 Meeting of the House...... 1951 2 Photograph of House in Session...... 1951 3 Message from the Legislative Assembly—Industrial Relations Amendment (Public Sector Appeals) Bill 2010...... 1951 4 Order for Papers—NuCoal (Formal Business)...... 1951 5 Disputed Claim of Privilege—CBD Metro Rail—Further Order—Privileged Documents (Formal Business)...... 1952 6 Privileges Committee—Report...... 1953 7 Auditor-General—Report...... 1953 8 Petitions...... 1953 9 Notices of Motions...... 1954 10 Notices of Motions Withdrawn...... 1954 11 Business Postponed...... 1955 12 Conduct of Business—Precedence of Business...... 1955 13 Suspension of Standing and Sessional Orders—Censure of the Minister for Planning...... 1955 14 Questions...... 1956 15 Paper—Tabled by Minister...... 1956 16 Message from the Legislative Assembly—Superannuation Legislation Amendment Bill 2010.1956 17 Budget Estimates 2010-2011—Take Note...... 1957 18 Fair Trading Amendment (Unfair Contract Terms) Bill 2010...... 1957 19 Paper—Tabled by Minister...... 1957 20 Industrial Relations Amendment (Public Sector Appeals) Bill 2010...... 1957 21 Personal Explanation...... 1958 22 Statute Law (Miscellaneous Provisions) Bill 2010...... 1958 23 Police Legislation Amendment (Recognised Law Enforcement Officers) Bill 2010...... 1958 24 Suspension of Standing and Sessional Orders—Game and Feral Animal Control Repeal Bill...1959 25 Game and Feral Animal Control Repeal Bill 2010...... 1960 26 Messages from the Legislative Assembly...... 1960 (1) Duties Amendment (NSW Home Builders Bonus) Bill 2010...... 1960 (2) Parliamentary Contributory Superannuation Amendment Bill 2010...... 1960 158 Legislative Council Minutes No. 159—Wednesday 23 June 2010

27 Home Building Amendment (Warranties and Insurance) Bill 2010...... 1961 28 Duties Amendment (NSW Home Builders Bonus) Bill 2010...... 1961 29 Adjournment...... 1961 30 Attendance...... 1962 159 Legislative Council Minutes No. 159—Wednesday 23 June 2010

1 MEETING OF THE HOUSE

The House met at 11.00 am according to adjournment. The President took the Chair and read the prayers.

2 PHOTOGRAPH OF HOUSE IN SESSION

A photograph was taken of the House in session.

3 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—INDUSTRIAL RELATIONS AMENDMENT (PUBLIC SECTOR APPEALS) BILL 2010

The President reported the following message from the Legislative Assembly:

Madam PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Industrial Relations Act 1996 and the Transport Appeal Boards Act 1980 with respect to the review of decisions concerning the promotion and discipline of public sector employees and transport workers respectively; to repeal the Government and Related Employees Appeal Tribunal Act 1980; and to make consequential amendments to other legislation” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly RICHARD TORBAY 22 June 2010 Speaker

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

Mr Kelly moved, according to contingent notice: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House.

Question put and passed.

Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.

4 ORDER FOR PAPERS—NUCOAL (Formal Business)

Mr Gay moved, according to notice: That, under standing order 52, there be laid upon the table of the House within 14 days of the date of passing of this resolution the following documents in the possession, custody or control of the Minister for Mineral Resources or the Department of Industry and Investment relating to NuCoal’s Coal Exploration Licence:

(a) all documents and correspondence exchanged between the current or former Minister for Mineral Resources, or the Department of Mineral Resources, and the CFMEU, NuCoal or Mr John Maitland, since 1 January 2007, and

(b) any document which records or refers to the production of documents as a result of this order of the House.

Question put and passed. 160 Legislative Council Minutes No. 159—Wednesday 23 June 2010

5 DISPUTED CLAIM OF PRIVILEGE—CBD METRO RAIL—FURTHER ORDER— PRIVILEGED DOCUMENTS (Formal Business)

Ms Rhiannon moved, according to notice:

1. That this House notes the report of the Independent Legal Arbiter, Sir Laurence Street, dated 7 May 2010, on the disputed claim of privilege on documents relating to a further order for papers regarding CBD Metro Rail.

2. That this House orders that the disputed documents specified in written communication of Ms Rhiannon and Mr Pearce be laid on the table by the Clerk, with the exception of the following documents which shall remain available to members of the Legislative Council only:

(a) Treasury document 139,

(b) Treasury document 321 entitled “Bid Cost reimbursement working paper”, and

(c) Department of Premier and Cabinet document 33 entitled “Ministerial briefing – Sydney Metro – Costing”, a redacted version of which has been tabled and made public.

3. That, before being laid on the table by the Clerk, the disputed documents be released to the Department of Premier and Cabinet for redaction of certain information as follows:

(a) Department of Premier and Cabinet documents 27-32, for the redaction of cost details where they expose the Government to a commercial disadvantage if the project was to be put to tender, while keeping monetised benefits visible,

(b) Department of Premier and Cabinet documents 34 and 35 for the redaction of the following:

(i) information which may contain individuals’ personal information that would be inappropriate to release for privacy reasons, and (ii) information which may disclose the financial and commercial operations of businesses, with regard to:  account details,  property valuations,  business income, turnover and third party business information,

(c) RailCorp documents for the redaction of any information that could pose security risks to the transport network, and

(d) NSW Treasury and Sydney Metro documents for the redaction of the following:

(i) information which may contain individuals’ personal information that would be inappropriate to release for privacy reasons, (ii) information which may disclose the financial and commercial operations of businesses, with regard to:  account details,  property valuations,  business income, turnover and third party business information, and (iii) financial information which may impact on the ongoing commercial negotiations.

4. That the disputed documents, together with the redacted versions, be returned to the Clerk on Monday 5 July 2010.

5. That, if the House is not sitting at the time the documents are lodged with the Clerk, the documents are deemed to have been laid before the House, and published by order or authority of the House.

Question put and passed. 161 Legislative Council Minutes No. 159—Wednesday 23 June 2010

6 PRIVILEGES COMMITTEE—REPORT

The Chair (Ms Griffin) tabled Report No. 51 of the Privileges Committee entitled “Draft Constitution (Disclosures by Members) Amendment (De Facto Relationships) Regulation 2010”, dated June 2010, together with correspondence received.

Ordered: That the report be printed.

7 AUDITOR-GENERAL—REPORT

The Clerk, according to the Public Finance and Audit Act 1983, announced receipt of a Performance Audit report of the Auditor-General entitled “Government investment in V8 Supercar Races at Sydney Olympic Park: Industry & Investment NSW, Homebush Motor Racing Authority, Events NSW”, dated June 2010, received and authorised to be printed this day.

8 PETITIONS

Support for an open Australia

Revd Mr Nile presented a petition from 63 citizens of New South Wales stating their opposition to any face covering that conceals the identity of a person and prevents Australia from being an open society, and requesting that the House support the private member’s bill of the Reverend Fred Nile, that prohibits within all public areas, the wearing of any article of clothing that conceals a person’s identity.

Petition received.

Cootamundra Shire Council

Mr Gay presented a petition from 86 citizens of Cootamundra stating that the Cootamundra Shire Council submission of a Cootamundra Community Strategic Plan 2010-2020 to the Division of Local Government, Department of Premier and Cabinet, is deficient because there was insufficient consultation with key groups, the rate increase is excessive, key infrastructure projects do little to improve the community and the community will be irreparably fractured by the implementation of the plan, and requesting that the House dismiss the current plan and proposed rate rise and ask the Council to conduct a more financially responsible, inclusive and open plan.

Petition received.

Centennial Park and Moore Park Trust

(1) Mr Cohen presented a petition from 10 citizens of New South Wales stating that the Centennial Park and Moore Park Trust should continue to manage all public lands currently under management by the Trust, and requesting that the House not support the transfer of management or control of these parklands to the Sydney Cricket Ground Trust.

Petition received.

(2) Ms Rhiannon presented a petition from 251 citizens of New South Wales containing a similar request.

Petition received. 162 Legislative Council Minutes No. 159—Wednesday 23 June 2010

Support for scripture classes

(1) Revd Mr Nile presented a petition from 235 citizens of New South Wales opposing the newly proposed secular humanist ethics course in public schools as it is contrary to the long-held Government policy that no other classes be held at the same time as the legally approved scripture classes conducted by approved church representatives in accordance with the Education Act 1990 and requesting that the House call on the Government to support the cancellation of the ethics course and express its support for scripture classes.

Petition received.

(2) Mr Gay presented a petition from 161 citizens of New South Wales containing a similar request.

Petition received.

Moore Park

Ms Rhiannon presented a petition from 26 citizens of New South Wales noting that the Government is considering transferring Moore Park land from the Centennial Park and Moore Park Trust to the Sydney Cricket and Sports Ground Trust, and requesting that the Government desist with the plans to transfer Moore Park land, increase funding to the Centennial Park and Moore Park Trust to protect the parklands and ensure that public consultation is undertaken on the future use of Centennial and Moore Park.

Petition received.

9 NOTICES OF MOTIONS

10 NOTICES OF MOTIONS WITHDRAWN

(1) Ms Rhiannon withdrew private members’ business item no. 4 outside the order of precedence on the Notice Paper for today relating to nanotechnology.

(2) Mr Cohen withdrew private members’ business item no. 5 outside the order of precedence on the Notice Paper for today relating to the River Red Gum forests.

(3) Mr Cohen withdrew private members’ business item no. 9 outside the order of precedence on the Notice Paper for today relating to the non-government sector in New South Wales.

(4) Ms Rhiannon withdrew private members’ business item no. 52 outside the order of precedence on the Notice Paper for today relating to coal exploration on the Breeza Plains.

(5) Ms Rhiannon withdrew private members’ business item no. 73 outside the order of precedence on the Notice Paper for today relating to the Sydney light rail service.

(6) Mr Cohen withdrew private members’ business item no. 94 outside the order of precedence on the Notice Paper for today relating to the 50 year anniversary of the Tibetan uprising.

(7) Mr Cohen withdrew private members’ business item no. 118 outside the order of precedence on the Notice Paper for today relating to the humanitarian disaster in Sri Lanka.

(8) Ms Rhiannon withdrew private members’ business item no. 156 outside the order of precedence on the Notice Paper for today relating to an order for papers regarding a review of the Nexus taxi plate scheme. 163 Legislative Council Minutes No. 159—Wednesday 23 June 2010

(9) Ms Rhiannon withdrew private members’ business item no. 210 outside the order of precedence on the Notice Paper for today relating to the disallowance of the Firearms Amendment (International Visitors) Regulation 2009.

(10) Ms Rhiannon withdrew private members’ business item no. 225 outside the order of precedence on the Notice Paper for today relating to the proposed Somersby Fields sand mine.

(11) Ms Rhiannon withdrew private members’ business item no. 282 outside the order of precedence on the Notice Paper for today relating to Wahroonga Station fig trees.

11 BUSINESS POSTPONED

Orders of the day nos 1 to 5 on the Notice Paper of government business postponed, on motion of Mr Kelly, until a later hour of the sitting.

12 CONDUCT OF BUSINESS—PRECEDENCE OF BUSINESS

Mr Kelly moved, according to contingent notice: That standing and sessional orders be suspended to allow the moving of a motion forthwith relating to the conduct of business of the House this day.

Mr Kelly then moved: That, notwithstanding anything to the contrary in the standing or sessional orders, this day:

(a) debate on budget estimates take precedence after questions for one hour, and

(b) government business take precedence after debate on budget estimates.

13 SUSPENSION OF STANDING AND SESSIONAL ORDERS—CENSURE OF THE MINISTER FOR PLANNING

On the President calling on the Clerk to read the order of the day, Ms Hale moved, according to contingent notice: That standing and sessional orders be suspended to allow a motion to be moved forthwith that private members’ business item no. 287 outside the order of precedence relating to the censure of the Minister for Planning be called on forthwith.

Debate ensued.

Question put.

The House divided.

Ayes 19

Mr Ajaka Miss Gardiner Revd Dr Moyes Mr Clarke Mr Gay Ms Parker Mr Cohen Ms Hale Mrs Pavey Mr Colless * Mr Harwin * Mr Pearce Ms Cusack Dr Kaye Ms Rhiannon Ms Ficarra Mr Khan Mr Gallacher Mr Mason-Cox * Tellers 164 Legislative Council Minutes No. 159—Wednesday 23 June 2010

Noes 20

Mr Brown Mr Moselmane Ms Sharpe Mr Catanzariti Revd Mr Nile Mr Smith Mr Della Bosca Mr Obeid Mr Veitch Mr Donnelly * Mr Primrose Ms Voltz * Mr Foley Ms Robertson Mr West Ms Griffin Mr Robertson Ms Westwood Mr Kelly Mr Roozendaal * Tellers

Mr Lynn Mr Hatzistergos

Question resolved in the negative.

______

According to sessional order, it being after 12.00 noon proceedings interrupted for Questions. ______

14 QUESTIONS

15 PAPER—TABLED BY MINISTER

Mr Hatzistergos, according to the Terrorism (Police Powers) Act 2002, tabled a report of the Department of Justice and Attorney-General on review of the Act.

16 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—SUPERANNUATION LEGISLATION AMENDMENT BILL 2010

The Deputy President (Ms Hale) reported the following message from the Legislative Assembly:

Madam PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend various superannuation Acts with respect to death and disability benefits for ambulance officers, deferred superannuation benefits and reductions and increases in benefits for tax purposes; and for other purposes” presents the bill to the Legislative Council for its concurrence.

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

Mr Veitch moved, according to contingent notice: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House.

Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting. 165 Legislative Council Minutes No. 159—Wednesday 23 June 2010

______

According to resolution of the House this day, debate on Budget Estimates given precedence. ______

17 BUDGET ESTIMATES 2010-2011—TAKE NOTE

Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Hatzistergos: That the House take note of the Budget Estimates and related papers for the financial year 2010-2011.

Debate resumed.

______

According to resolution of the House this day, proceedings interrupted after one hour. ______

According to resolution of the House this day, Government business given precedence. ______

18 FAIR TRADING AMENDMENT (UNFAIR CONTRACT TERMS) BILL 2010

On the order of the day being read, Mr Veitch (on behalf of Mr Primrose) moved: That this bill be now read a second time.

Leave granted for the mover’s second reading speech to be incorporated in Hansard.

Debate ensued.

Bill read a second time.

Leave granted to proceed to the third reading of the bill forthwith.

Standing orders having been suspended Tuesday 22 June 2010—

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

Bill returned to the Legislative Assembly without amendment.

19 PAPER—TABLED BY MINISTER

Ms Sharpe, according to the Annual Reports (Statutory Bodies) Act 1984, tabled a report of the Technical Education Trust Funds for year ended 31 December 2009.

20 INDUSTRIAL RELATIONS AMENDMENT (PUBLIC SECTOR APPEALS) BILL 2010

On the order of the day being read, Ms Sharpe (on behalf of Mr Robertson) moved: That this bill be now read a second time.

Debate ensued. 166 Legislative Council Minutes No. 159—Wednesday 23 June 2010

Standing orders having been suspended this day—

Bill, on motion of Ms Sharpe, read a third time.

21 PERSONAL EXPLANATION

Dr Kaye, by leave, made a personal explanation concerning statements he made during the second reading debate on the Fair Trading Amendment (Unfair Contract Terms) Bill 2010.

22 STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL 2010

On the order of the day being read, Ms Sharpe (on behalf of Mr Hatzistergos) moved: That this bill be now read a second time.

Debate ensued.

The President left the Chair and the House sat as a committee of the whole for consideration of this bill.

The committee reported the bill with an amendment.

The House adopted the report.

Bill returned to the Legislative Assembly with the following amendment in which the concurrence of the Legislative Assembly was requested:

STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL 2010 ______

Schedule of the amendment referred to in the Legislative Council’s message of 23 June 2010

, Schedule 1.16, lines 25-34. Omit all words on those lines.

23 POLICE LEGISLATION AMENDMENT (RECOGNISED LAW ENFORCEMENT OFFICERS) BILL 2010

On the order of the day being read, Ms Sharpe (on behalf of Mr Roozendaal) moved: That this bill be now read a second time. 167 Legislative Council Minutes No. 159—Wednesday 23 June 2010

Debate ensued.

Leave granted for the remainder of the mover’s second reading speech to be incorporated in Hansard.

Debate continued.

24 SUSPENSION OF STANDING AND SESSIONAL ORDERS—GAME AND FERAL ANIMAL CONTROL REPEAL BILL

On the President calling on the Clerk to read the order of the day, Ms Rhiannon moved, according to contingent notice: That standing and sessional orders be suspended to allow a motion to be moved forthwith that private members’ business item no. 147 outside the order of precedence relating to the Game and Feral Animal Control Repeal Bill be called on forthwith.

Debate ensued.

Question put.

The House divided.

Ayes 22

Mr Catanzariti Dr Kaye Mr Roozendaal Mr Cohen Mr Kelly Ms Sharpe Mr Della Bosca Mr Moselmane Mr Veitch Mr Donnelly * Revd Dr Moyes Ms Voltz * Mr Foley Mr Primrose Mr West Ms Griffin Ms Rhiannon Ms Westwood Ms Hale Ms Robertson Mr Hatzistergos Mr Robertson * Tellers

Noes 17

Mr Ajaka Mr Gallacher Revd Mr Nile Mr Brown Miss Gardiner Ms Parker Mr Clarke Mr Gay Mrs Pavey Mr Colless * Mr Harwin * Mr Pearce Ms Cusack Mr Khan Mr Smith Ms Ficarra Mr Mason-Cox * Tellers

Mr Obeid Mr Lynn 168 Legislative Council Minutes No. 159—Wednesday 23 June 2010

Question resolved in the affirmative.

Ms Rhiannon then moved: That private members’ business item no. 147 outside the order of precedence be called on forthwith.

25 GAME AND FERAL ANIMAL CONTROL REPEAL BILL 2010

Ms Rhiannon moved, according to notice: That leave be given to bring in a bill for an Act to repeal the Game and Feral Animal Control Act 2002 and abolish the Game Council of NSW; to prohibit recreational hunting on Crown land, State forests or national park estate land; and for other purposes.

Bill presented.

Bill read a first time and ordered to be printed.

Ms Rhiannon then moved: That this bill be now read a second time.

Debate ensued.

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

26 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

The President reported the following messages from the Legislative Assembly:

(1) Duties Amendment (NSW Home Builders Bonus) Bill 2010

Madam PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Duties Act 1997 to make further provision in respect of the NSW Home Builders Bonus” presents the bill to the Legislative Council for its concurrence.

(2) Parliamentary Contributory Superannuation Amendment Bill 2010

Madam PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Parliamentary Contributory Superannuation Act 1971 to correct drafting oversights in the scheme closure provisions of that Act” presents the bill to the Legislative Council for its concurrence.

Leave granted for procedural motions for the first reading, printing, suspension of standing orders and fixing of sitting day for second reading to be dealt with on one motion without formalities. 169 Legislative Council Minutes No. 159—Wednesday 23 June 2010

Bills, on motion of Mr Veitch, read a first time, printed, standing orders suspended on contingent notice for remaining stages and second reading of the bills set down as orders of the day for a later hour of the sitting.

27 HOME BUILDING AMENDMENT (WARRANTIES AND INSURANCE) BILL 2010

On the order of the day being read, Mr Veitch (on behalf of Mr Primrose) moved: That this bill be now read a second time.

Debate ensued.

Leave granted for the remainder of the mover’s second reading speech to be incorporated in Hansard.

Debate continued.

28 DUTIES AMENDMENT (NSW HOME BUILDERS BONUS) BILL 2010

On the order of the day being read, Mr Veitch (on behalf of Mr Roozendaal) moved: That this bill be now read a second time.

Debate ensued.

Standing orders having been suspended this day—

29 ADJOURNMENT

Mr Veitch moved: That this House do now adjourn.

Debate ensued. 170 Legislative Council Minutes No. 159—Wednesday 23 June 2010

The House adjourned at 6.51 pm until Thursday 24 June 2010 at 11.00 am.

30 ATTENDANCE

All members present.

Lynn Lovelock Clerk of the Parliaments

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Authorised by the Parliament of New South Wales