Legislative Council Minutes No. 150 Tuesday 18 June 2013

1 LEGISLATIVE COUNCIL

2 MINUTES OF PROCEEDINGS

No. 150

3 TUESDAY 18 JUNE 2013

Contents 2 Legislative Council Minutes No. 150—Tuesday 18 June 2013

4 MEETING OF THE HOUSE

The House met at 2.30 pm according to adjournment. The President took the Chair and read the prayers.

The President acknowledged the Gadigal clan of the Eora nation and its elders and thanked them for their custodianship of this land.

5 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE LIEUTENANT-GOVERNOR

The President reported the following message from the Honourable Thomas Frederick Bathurst, Lieutenant-Governor:

Office of the Governor Sydney 2000 T Bathurst LIEUTENANT-GOVERNOR

The Honourable Thomas Frederick Bathurst, Lieutenant-Governor of the State of New South Wales, has the honour to inform the Legislative Council that, consequent on his return to the State and as a result of the Governor of New South Wales, Professor Marie Bashir, having assumed the administration of the Government of the Commonwealth, he has assumed the administration of the Government of the State.

Saturday 1 June 2013

6 ASSENTS TO BILLS

The President reported messages from His Excellency the Lieutenant-Governor intimating assent to the following bills:

Act No. 3 June 2013 2013

Casino Control Amendment (Supervisory Levy) Bill 2013...... 30 Child Protection Legislation Amendment (Children's Guardian) Bill 2013...... 31 Education Amendment (School Providers for Overseas Students) Bill 2013...... 32 Energy Services Corporations Amendment (Distributor Efficiency) Bill 2013...... 33 Gaming Machines Amendment (Multi-terminal Gaming Machines in Clubs) Bill 2013...... 34 Independent Commission Against Corruption and Other Legislation Amendment Bill 2013...... 35 State Owned Corporations Legislation Amendment (Staff Directors) Bill 2013...... 36 Victims Rights and Support Bill 2013...... 37

7 RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE GOVERNOR

The President reported the following message from Her Excellency the Governor:

Office of the Governor Sydney 2000 Marie Bashir GOVERNOR 3 Legislative Council Minutes No. 150—Tuesday 18 June 2013

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.

Sunday 16 June 2013

8 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE LIEUTENANT-GOVERNOR

The President reported the following message from the Honourable Thomas Frederick Bathurst, Lieutenant-Governor:

Office of the Governor Sydney 2000 T Bathurst LIEUTENANT-GOVERNOR

The Honourable Thomas Frederick Bathurst, Lieutenant-Governor of the State of New South Wales, has the honour to inform the Legislative Council that, consequent on the Governor of New South Wales, Professor Marie Bashir, having departed the State, he has assumed the administration of the Government of the State.

Monday 17 June 2013

9 PROTEST—VICTIMS RIGHTS AND SUPPORT BILL 2013

The President reported the following communication from the Official Secretary and Chief of Staff to Her Excellency the Governor to the Clerk of the Parliaments:

Office of the Governor Sydney 2000

Thursday, 30 May 2013

Mr David Blunt Clerk of the Parliaments Legislative Council Parliament House Macquarie Street SYDNEY NSW 2000

Dear Mr Blunt,

On behalf of Her Excellency the Governor, I acknowledge receipt of your letter dated 30 May 2013, enclosing from the President, in accordance with Standing Order 161 of the Legislative Council, a copy of the Protest made by members of The Greens party against the Victims Rights and Support Bill, as entered in the Minutes of Proceedings of the House on 30 May 2013.

Yours sincerely Brian L Davies Esq LVO Official Secretary and Chief of Staff

10 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

The President reported the following messages from the Legislative Assembly: 4 Legislative Council Minutes No. 150—Tuesday 18 June 2013

(1) Victims Rights and Support Bill 2013

Mr PRESIDENT

The Legislative Assembly has this day agreed to the amendment made by the Legislative Council in the Bill with the long title “An Act to establish a new Victims Support Scheme to replace the compensation scheme established under the Victims Support and Rehabilitation Act 1996 and to repeal that Act; to provide for a Commissioner of Victims Rights; and to repeal and re-enact (with minor modifications) provisions of the Victims Rights Act 1996”.

Legislative Assembly SHELLEY HANCOCK 30 May 2013 Speaker

(2) Child Protection Legislation Amendment (Children's Guardian) Bill 2013

Mr PRESIDENT

The Legislative Assembly has this day agreed to the amendment made by the Legislative Council in the Bill with the long title “An Act to amend the Child Protection (Working with Children) Act 2012 to transfer the functions relating to working with children check clearances to the Children’s Guardian; and for other purposes”.

Legislative Assembly SHELLEY HANCOCK 30 May 2013 Speaker

11 COMMUNICATION—THE HONOURABLE GREG PEARCE MLC

The President reported the following communication from the Honourable Greg Pearce MLC:

The Hon. Donald Harwin MLC President Legislative Council Parliament of New South Wales Macquarie Street

Dear Mr President

I would appreciate if you could communicate the following on my absence on leave:

“On Wednesday 29 May, a fortnight ago I commenced work at 7.30am in the morning and opened the CeBIT conference at 8.30am, after Parliament finished at 10.30pm the night before. When I voted in the chamber after 1am on the morning of 30 May I was exhausted and unwell. This was compounded by the fact that I had also consumed alcohol.

I apologise to the House for my behaviour during that night.

As you would be aware, I have asked the Premier for leave for a month to address problems of stress and exhaustion and my request has been granted.”

Yours sincerely, Greg Pearce MLC Minister for Finance and Services Minister for the Illawarra 5 Legislative Council Minutes No. 150—Tuesday 18 June 2013

12 ANZAC NOTES (Formal Business)

Mr Lynn moved, according to notice:

1. That this House acknowledges that:

(a) on Tuesday 21 May 2013, a new music project titled ‘Anzac Notes: A unique music project that honours and remembers Gallipoli, Kokoda and 100 years of service’ was officially launched by the Honourable Barry O’Farrell MP, Premier of New South Wales,

(b) this music project was developed by the Kokoda Track Memorial Walkway to mark the Centenary of Anzac and the 70th Anniversary of the end of the Second World War in 2015,

(c) this initiative was made possible with the support of organisations like ABC Classic FM, Returned and Services League of Australia, City of Canada Bay Council, Australian Music Centre, NSW Regional Conservatoriums, Navy and Gondwana Choirs,

(d) Anzac Notes creates a link between Gallipoli and Kokoda to explore timeless quality of the Anzac spirit as something upon which Australia’s identity has been forged and upon which its future can be imagined,

(e) as the Centenary of Anzac and the 70th Anniversary of the Second World War approach in the coming years, the Kokoda Track Memorial Walkway has an important role to play in ensuring the history of Australian service continues to be understood and commemorated by new generations of Australians, and

(f) its world premiere performance will occur at the Kokoda Memorial Walkway Anzac Centenary service on 19 April 2015, being the first within the New South Wales commemoration program that year.

2. That this House congratulates all those involved in bringing the Anzac Notes music project to fruition.

Question put and passed.

13 WAR MEMORIALS RESTORATION GRANTS (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House notes that:

(a) on 29 May 2013, the Honourable Greg Pearce MLC, Minister for Finance and Services, and Minister for the Illawarra announced that grants worth up to $10,000 for repairs and restoration of War Memorials are available from the New South Wales Government,

(b) there are presently over 3,000 war memorials in New South Wales which will need ongoing repairs or restoration work to keep them in good condition,

(c) many older memorials, such as those commemorating the Boer Wars and the First World War, are quite fragile, especially those in urban and coastal environments,

(d) a new set of guidelines to assist local councils and other organisations with the restoration of memorials and the guidelines have been prepared by specialists with experience in dealing with structures of this nature and an appreciation of their importance to the nation and local communities, and 6 Legislative Council Minutes No. 150—Tuesday 18 June 2013

(e) memorials can include statues, obelisks, cenotaphs, columns, gateways and arches and are made of sandstone, marble, terracotta, bronze, copper and cast iron.

2. That this House acknowledges the importance of the maintenance and preservation of War Memorials in New South Wales and the Government’s efforts to maintain and preserve these Memorials through this grants program.

14 AUSTRALIAN MIDDLE EAST MEDIA (Formal Business)

Mr Clarke moved, according to notice:

(a) on 9 May 2013, Australian Middle East Media, Australia’s largest non-government media enterprise serving Australians of Middle Eastern heritage, celebrated another successful year with its Annual Gala Dinner held at Bankstown,

(b) the several hundred guests who attended included many: (i) Federal and State Ministers and Parliamentarians, (ii) ambassadors and other diplomatic representatives of Middle Eastern Nations, (iii) local government mayors and councillors, (iv) religious, business and community leaders and representatives,

(c) those who addressed the dinner comprised: (i) the Honourable Barry O’Farrell MP, Premier of New South Wales, (ii) the Honourable John Robertson MP, Leader of the New South Wales Opposition, (iii) His Excellency, Mohamed Mael-Ainin Ambassador of Morocco and Dean of Arabic Diplomatic Representatives in Canberra, (iv) His Excellency, John Daniel, Ambassador of Lebanon, (v) Mr Ziad Baroud, Former Lebanese Minister for the Interior and Municipalities, (vi) Mr Michael Brown, Chief Executive Officer of the Organising Committee for the Asian Football Confederation 2015 Asian Soccer Cup, Australia, (vii) Mr Joe Rizk, Chief Executive Officer of the Arab Bank, (viii) Mr Sayed Mikhael, Editor-in-Chief, Al Anwar Newspaper, (ix) Mr Marcel Ghanem, prominent Lebanese television personality, (x) Mrs Betty Hindi, President of the World House of Lebanon, (xi) Mr Remy Wehbe, General Manager of Australian Middle East Media, and

(d) Australian Middle East Media produces: (i) El Telegraph, at 42 years Australia’s longest published Arabic newspaper, (ii) Al-Anwar, Arabic/English weekly newspaper, (iii) Anoujoum, Arabic/English monthly magazine, (iv) the Middle East Online, an internet news service.

2. That this House congratulates Australian Middle East Media and its Chairman, Mr Wally Wehbe:

(a) on the occasion of its recent Annual Gala Dinner and for its service to Australians of Middle Eastern heritage in keeping them more fully informed, by way of its publications, on local, national, and international matters, and

(b) for being the winner of two categories, and a finalist of two other categories of the recent New South Wales Premier’s Multicultural Media Awards for 2013.

Question put and passed. 7 Legislative Council Minutes No. 150—Tuesday 18 June 2013

15 FESTIVAL OF VAISAKHI (Formal Business)

(a) On 20 April 2013, the Australian Sikh Association held a celebration in Martin Place, Sydney attended by several thousand members of the Sikh community to mark the Festival of Vaisakhi, one of the most important days in the Sikh calendar, and

(b) those who attended as guests included: (i) Singh Sahib Giana Mal Singh Ji, Head Priest of the Golden Temple in Amritsar, India, (ii) the Honourable Brendon O’Connor MP, Federal Minister for Immigration and Citizenship, (iii) the Honourable Phillip Ruddock MP, Federal Member for Berowra, (iv) Senator the Honourable Matt Thistlethwaite, Parliamentary Secretary for Multicultural Affairs, (v) Miss Michelle Rowland MP, Federal Member for Greenway, (vi) the Honourable John Robertson MP, Leader of the New South Wales Opposition, (vii) the Honourable David Clarke MLC, Parliamentary Secretary for Justice, (viii) Dr Geoff Lee MP, Member for Parramatta.

2. That this House congratulates:

(a) the Australian Sikh Association, its President Amar Jit Singh Girn and Events Organiser Balvinder Singh Chahal for organizing a successful Vaisakhi celebration, and

(b) extends its best wishes to the Australian Sikh community on the occasion of the Festival of Vaisakhi, 2013.

16 YESHIVA CENTRE ANNUAL DINNER (Formal Business)

(a) on 5 March 2013, the Yeshiva Centre Annual Dinner was held at the Sydney Convention Centre, Darling Harbour and attended by approximately 1,000 guests including: (i) State and Federal Ministers and Members of Parliament from the Liberal, Labor and Cross Bench Parties, (ii) representatives of various religious faith traditions, (iii) leaders in the business, commerce and community sectors,

(b) the dinner was hosted by the Chabad Movement, NSW under its Spiritual Leader, Rabbi Pinchus Feldman OAM, Executive Director, Rabbi Dovid Slavin and Life Governor and Event Sponsor, Mr Harry Triguboff AO,

(c) the dinner highlighted various spiritual, humanitarian, educational and charitable endeavours, facilities and associated organisations of the Chabad Movement, including: (i) Our Big Kitchen, (ii) Chabad Youth, NSW, (iv) Adult Chabad, (v) Chabad Young Adults, (vi) Yeshiva Rabbinical College, 8 Legislative Council Minutes No. 150—Tuesday 18 June 2013

(vii) Yeshiva Synagogue, (viii) Yeshiva Centre, and

(d) the dinner offered the opportunity to those present to pay tribute and extend best wishes to Mr Harry Triguboff AO, Life Governor of the Yeshiva Centre and Chadad on the occasion of his 80th birthday and honour his: (i) outstanding contribution, through his extensive contribution to the housing industry, in providing affordable housing to thousands of Australian families who otherwise would been unable to afford a home, (ii) generous philanthropic endeavours over many years for numerous charitable, education and humanitarian causes within the community.

2. That this House:

(a) commends the Chabad Movement for its charitable and humanitarian works in the community, and

(b) congratulates Mr Harry Triguboff AO on the occasion of his 80th birthday and commends him for his philanthropic endeavours over many years.

17 JEWISH FESTIVAL OF LAG BAOMER (Formal Business)

1. That this House notes that on Sunday 28 April 2013, members and friends of the Chabad community of Sydney celebrated the Jewish Festival of Lag BaOmer through a number of events organized by Rabbi Eli Melech Levy including:

(a) a celebratory gathering of thanksgiving at the Yeshiva Centre, Bondi officiated by Chabad’s Spiritual Leader, Rabbi Pinchus Feldman OAM and at which congratulatory greetings were offered by: (i) the Honourable Malcolm Turnball MP, Federal Member for Wentworth and Shadow Minister for Communications and Broadband, (ii) the Honourable David Clarke MLC, Parliamentary Secretary for Justice, and

(b) a festive parade through the streets of Sydney of hundreds of members and friends of the Chabad community followed by a family carnival.

2. That this House notes that the Festival of Lag BaOmer has a history which goes back many centuries and commemorates the passing of Rabbi Shimon bar Yochair, author of The Zohar, the foundation book of Kabbalah, a Jewish mystical tradition and is celebrated all over the world by Jewish communities as a time of rejoicing, festivities and the giving of honour to God.

3. That this House:

(a) congratulates the Chabad community on the occasion of its many activities in celebration of the Festival of Lag BaOmer, and

(b) sends its greetings and best wishes to the Jewish community in New South Wales at this time of celebration.

18 PRINTING OF TABLED PAPERS 9 Legislative Council Minutes No. 150—Tuesday 18 June 2013

According to standing order, Mr Gay tabled a list of papers tabled and not ordered to be printed in the previous month.

19 PAPER—TABLED BY MINISTER

Mr Gay tabled a report on the review of section 7 (4)(c)(i) of the Private Health Facilities Act 2007.

20 LEGISLATION REVIEW COMMITTEE—REPORT

Dr Phelps tabled a report of the Legislation Review Committee entitled “Legislation Review Digest No. 39/55”, dated 18 June 2013.

Ordered: That the report be printed.

21 PAPERS—PRESENTED TO PARLIAMENT OUT OF SESSION

The Clerk announced receipt of the following reports presented since the last sitting of the House:

(1) Agricultural Industry Services Act 1998 and Annual Reports (Statutory Bodies) Act 1984—Report of Wine Grapes Marketing Board for year ended 31 December 2012.

(2) Annual Reports (Statutory Bodies) Act 1984—Report of Trustees of the Anzac Memorial Building for the period 1 January 2011 to 30 June 2012, together with a statement of reasons for lateness.

(3) Law Reform Commission Act 1967—Report No. 138 of NSW Law Reform Commission entitled "People with cognitive and mental health impairments in the criminal justice system: Criminal responsibility and consequences", dated May 2013.

(4) Workplace Injury Management and Workers Compensation Act 1998—Workers Compensation Commission Rules 2011.

22 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 “Building energy use in NSW public hospitals: Ministry of Health, NSW Treasury, NSW Office of Environment and Heritage”, dated June 2013, received out of session and authorised to be printed on 4 June 2013.

23 STATUTORY RULES AND INSTRUMENTS—TABLED BY THE CLERK

The Clerk tabled the following statutory rules and instruments, published on the NSW Legislation website or in the Government Gazette to Friday 14 June 2013:

(1) Associations Incorporation Act 2009—Associations Incorporation Amendment (Fees) Regulation 2013 (LW 14/06/2013)

(2) Building Professionals Act 2005—Building Professionals Amendment (Port Botany and Port Kembla Certifiers) Regulation 2013 (LW 31/05/2013)

(3) Child Protection (Working with Children) Act 2012—Child Protection (Working with Children) Amendment Regulation 2013 (LW 14/06/2013) 10 Legislative Council Minutes No. 150—Tuesday 18 June 2013

(4) Children and Young Persons (Care and Protection) Act 1998—Children and Young Persons (Care and Protection) (Child Employment) Amendment (Children's Guardian) Regulation 2013 (LW 14/06/2013)

(5) Civil Procedure Act 2005—Uniform Civil Procedure Rules (Amendment No 59) 2013 (LW 7/06/2013)

(6) Community Land Management Act 1989—Community Land Management Amendment (Fees) Regulation 2013 (LW 14/06/2013)

(7) Consumer, Trader and Tenancy Tribunal Act 2001—Consumer, Trader and Tenancy Tribunal Amendment (Fees) Regulation 2013 (LW 14/06/2013)

(8) Co-operative Housing and Starr-Bowkett Societies Act 1998—Co-operative Housing and Starr- Bowkett Societies Amendment (Fees) Regulation 2013 (LW 14/06/2013)

(9) Electricity (Consumer Safety) Act 2004—Electricity (Consumer Safety) Amendment (Fees) Regulation 2013 (LW 14/06/2013)

(10) Environmental Planning and Assessment Act 1979—Environmental Planning and Assessment Amendment (Port Botany and Port Kembla) Regulation 2013 (LW 31/05/2013)

(11) Fiscal Responsibility Act 2012—Fiscal Responsibility Regulation 2013 (LW 14/06/2013)

(12) Funeral Funds Act 1979—Funeral Funds Amendment (Fees) Regulation 2013 (LW 14/06/2013)

(13) Liquor Act 2007—

(a) Liquor Amendment (Special Events—Extended Trading Periods) Regulation (No 2) 2013 (LW 31/05/2013)

(b) Liquor Amendment (Special Licence Conditions) Regulation 2013 (LW 31/05/2013)

(14) Marine Safety Act 1998—

(a) Marine Safety Amendment (Domestic Commercial Vessel National Law) Regulation 2013 (LW 31/05/2013)

(b) Marine Safety (General) Amendment (Exemptions Relating to Lifejackets) Regulation 2013 (LW 7/06/2013)

(15) Pawnbrokers and Second-hand Dealers Act 1996—Pawnbrokers and Second-hand Dealers Amendment (Exemption) Regulation 2013 (LW 7/06/2013)

(16) Partnership Act 1892—Partnership Amendment (Fees) Regulation 2013 (LW 14/06/2013)

(17) Personal Property Securities (Commonwealth Powers) Act 2009—Personal Property Securities (Commonwealth Powers) Amendment (Fees) Regulation 2013 (LW 14/06/2013)

(18) Plumbing and Drainage Act 2011—Plumbing and Drainage Amendment (Fees) Regulation 2013 (LW 14/06/2013)

(19) Prevention of Cruelty to Animals Act 1979—Prevention of Cruelty to Animals Amendment (Animal Trades) Regulation 2013 (LW 14/06/2013)

(20) Private Health Facilities Act 2007—Private Health Facilities Amendment (Statistical Statements) Regulation 2013 (LW 14/06/2013)

(21) Radiation Control Act 1990—Radiation Control Amendment (Classification of Laboratories) Regulation 2013 (LW 14/06/2013) 11 Legislative Council Minutes No. 150—Tuesday 18 June 2013

(22) Registered Clubs Act 1976—Registered Clubs Amendment (Training) Regulation 2013 (LW 14/06/2013)

(23) Road Transport Act 2013—Road Transport Amendment (Learner, Provisional and Visiting Drivers) Regulation 2013 (LW 7/06/2013)

(24) Strata Schemes Management Act 1996—Strata Schemes Management Amendment (Fees) Regulation 2013 (LW 14/06/2013).

24 SELECT COMMITTEE ON THE CLOSURE OR DOWNSIZING OF CORRECTIVE SERVICES NSW FACILITIES—REPORT

The Clerk, according to standing order, announced receipt of the report of the Select Committee on the closure or downsizing of Corrective Services NSW facilities entitled “The closure or downsizing of Corrective Services NSW facilities”, dated June 2013, together with transcripts of evidence, tabled documents, submissions, correspondence and answers to questions taken on notice, received out of session and authorised to be printed on 14 June 2013.

Mr Green moved, according to standing order: That the House take note of the report.

Motion made (Mr Green speaking) and question: That this debate be now adjourned until a later hour of the sitting—put and passed.

25 RETURN TO ORDER—YARALLA ESTATE

The Clerk, according to the resolution of the House of Thursday 30 May 2013, tabled:

(a) Documents relating to Yaralla Estate received on Thursday 13 June 2013 from the Director General of the Department of Premier and Cabinet, together with an indexed list of documents.

(b) A return identifying documents received on Thursday 13 June 2013 from the Director General of the Department of Premier and Cabinet, which are considered to be privileged and should not be made public or tabled. According to standing order, the Clerk advised that the documents are available for inspection by members of the Legislative Council only.

26 PETITIONS

Government Sector Employment Bill

Revd Mr Nile presented a petition from 9,500 citizens of New South Wales stating that the proposed Government Sector Employment Bill 2013 will remove the statutory provisions for merit selection in the public sector, undermine job security of public servants by abolishing the concept of permanent positions held by officers, enable the minister by determination to remove employees from award coverage and access to the Industrial Relations Commission, enable the minister or department head to terminate the contract of senior public servants for no reason, and remove many statutory protections for employees and replace them with yet to be written Government Sector Employment Rules, condemning the Government for introducing such a major change to the structure of the public sector without consultation, and requesting that the House refer this legislation to a Legislative Council committee for inquiry to enable proper consideration of the bill and allow stakeholders to make submissions.

Petition received. 12 Legislative Council Minutes No. 150—Tuesday 18 June 2013

National parks, state conservation areas and wildlife

Ms Faehrmann presented a petition from 290 citizens of New South Wales, stating that as part of deals with the Shooters and Fishers Party the Premier has allowed amateur shooters in national parks, there is no scientific evidence to show that recreational hunting has reduced the population of any pest animal species, the risk of injury or death from projectiles under this legislation is high according to the Government’s own risk assessment, that marine protections have been wound back including a moratorium on marine parks, which has denied decades of marine science and risks the future of marine life, recreational fishing and the commercial seafood industry, and that recommendations of a Shooters and Fishers Party led parliamentary inquiry into management of public lands called for the Government to immediately consider opening national parks and other reserved areas for logging which would not be environmentally sustainable or economically viable, and requesting that the House call on the Premier to stop doing deals with the Shooters and Fishers Party at the expense of national parks, state conservation areas and wildlife.

Petition received.

Hawkesbury Road, Springwood to Yarramundi

Ms Westwood presented a petition from 461 citizens of New South Wales, stating that the current arrangements for truck and car safety on Hawkesbury Road between Springwood and Yarramundi are inadequate and measures are required urgently, that the high volume of trucks with trailers using the road is causing noise, road damage and safety concerns for other road users and residents, that the removal of double white lines on the bends of Hawkesbury Road has increased the danger of the road, particularly for car users, and requesting that the House call on the Government to review the safety measures, and to review through–traffic by trucks with trailers, to protect residents and other road users.

Petition received.

Container deposit scheme

Ms Faehrmann presented a petition from 259 citizens of New South Wales, stating that the people of New South Wales use approximately 5 billion beverage containers a year, that recycling rates remain below government targets, that a container deposit scheme giving ten cents back to consumers on returning their used beverage containers will raise recycling rates and divert beverage containers from going into landfill and the litter stream, which would reduce carbon emissions water use and harm to wildlife, and requesting that the House support the Waste Avoidance (Beverage Containers) Bill 2012.

Petition received.

State Marriage Equality Bill

Ms Faehrmann presented a petition from 108 citizens of New South Wales, stating that citizens of New South Wales should not be discriminated against on the basis of their sexuality, sex or gender identity, that all people should have the right to marry the person they love, that countries including Canada, the Netherlands, Sweden, Belgium, Norway, Spain, South Africa, Mexico and many states in the United States now recognize same-sex marriages, that they sky hasn’t fallen in there and we know it won’t here, that the Commonwealth Parliament is yet to legislate for marriage equality and is unlikely to in the current Parliament, that legal advice has indicated that the Commonwealth does not have exclusive powers to legislate in this area, and requesting that the House support the State Marriage Equality Bill.

Petition received.

Intersex discrimination

Ms Faehrmann presented a petition from 103 citizens of New South Wales, stating that under proposed new federal laws it will be illegal to discriminate against someone on the basis of their sex or gender identity in all areas of public life however there will be no legal protection from discrimination for those who are neither male nor female, that an intersex person may have the biological attributes of both sexes 13 Legislative Council Minutes No. 150—Tuesday 18 June 2013

or lack some of the biological attributes considered necessary to be clearly defined as either male or female, that under current Australian law sex is defined strictly as male or female, that gender identity is neither an accurate nor an appropriate term to describe intersex status, that the legislation explicitly excludes people who are neither biologically male nor female, that intersex people face daily difficulties and very personal forms of discrimination, that discrimination against intersex people has led to workers losing their jobs, harassment at work and in the community and receiving inappropriate medical advice and treatment, that when this happens these people have no legal protection, and requesting that the House call on the Commonwealth to include provisions to end intersex discrimination.

Petition received.

Religious discrimination

Mr Moselmane presented a petition from 65 citizens of New South Wales 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.

Petition received.

27 NOTICES OF MOTIONS

28 BUSINESS POSTPONED

(1) Notice of motion no. 1 on the Notice Paper of business of the House postponed, on motion of Mr Veitch, until Tuesday 25 June 2013.

(2) Order of the day no. 1 on the Notice Paper of business of the House postponed, on motion of Mr Gay, until Tuesday 25 June 2013.

(3) Order of the day no. 1 on the Notice Paper of committee reports postponed, on motion of Mr Borsak, until next sitting day.

(4) Order of the day no. 2 on the Notice Paper of committee reports postponed, on motion of Mr Brown, until next sitting day.

29 MINISTERIAL STATEMENT—REPRESENTATION OF GOVERNMENT IN THE LEGISLATIVE COUNCIL

Mr Gay informed the House that during the absence of the Honourable Greg Pearce MLC, the Honourable Andrew Constance MP, Minister for Ageing, and Minister for Disability Services had been authorised to act on behalf of the Minister for Finance and Services, and Minister for the Illawarra.

Mr Gay further informed the House that in addition to his current responsibility in representing ministers in the other House, he will also represent the following ministers in relation to all matters concerning their portfolios:

The Honourable Brad Hazzard MP Minister for Planning and Infrastructure, and Minister Assisting the Premier on Infrastructure in NSW

The Honourable Prue Goward MP Minister for Family and Community Services, and Minister for Women

The Honourable Andrew Constance MP Minister for Ageing, and Minister for Disability Services 14 Legislative Council Minutes No. 150—Tuesday 18 June 2013

The Honourable Robyn Parker MP Minister for the Environment, and Minister for Heritage

The Honourable Don Page MP Minister for Local Government, and Minister for the North Coast

Mr Gay further informed the House that the Honourable Michael Gallacher MLC will represent the Honourable Greg Pearce MLC, Minister for Finance and Services and Minister for the Illawarra in the representation of government responsibilities in this chamber and that in addition to his current responsibility in representing ministers in the other House, he will also represent the following ministers in relation to all matters concerning their portfolios:

The Honourable Mike Baird MP Treasurer, and Minister for Industrial Relations

The Honourable Anthony Roberts MP Minister for Fair Trading

30 PAPERS—BUDGET PAPERS 2013-2014—TABLED BY MINISTER

Mr Gay tabled the following papers:

1. Budget Paper No. 1—Budget Speech 2013-2014

2. Budget Paper No. 2—Budget Statement 2013-2014

3. Budget Paper No. 3—Budget Estimates 2013-2014

4. Budget Paper No. 4—Infrastructure Statement 2013-2014

5. NSW 2021: 2013-2014 Performance Report

6. Budget Overview 2013-2014

7. Infrastructure Overview 2013-2014.

Ordered: That the documents be printed.

31 BUDGET ESTIMATES 2013-2014—TAKE NOTE

Mr Gay sought the leave of the House to move a motion forthwith to take note of the Budget Estimates and related papers for the financial year 2013-2014.

No objection taken.

Leave granted.

Mr Gay moved, by leave and without notice: That the House take note of the Budget Estimates and related papers for the financial year 2013-2014.

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

Motion made (Mr Gay speaking) and question: That this debate be now adjourned until a later hour of the sitting—put and passed.

32 ANSWERS TO QUESTIONS WITHOUT NOTICE 15 Legislative Council Minutes No. 150—Tuesday 18 June 2013

The President informed the House of the publication in today’s Hansard of answers to questions without notice lodged with the Clerk since the last sitting of the House.

33 SPECIAL ADJOURNMENT

Mr Gay moved: That this House at its rising today do adjourn until Wednesday 19 June 2013 at 10.00 am.

34 60TH ANNIVERSARY OF THE QUEEN’S CORONATION

Mr Gay moved, according to notice: That this House notes that:

(a) Sunday 2 June 2013 marks the 60th anniversary of Her Majesty’s Coronation,

(b) the Queen is Australia’s head of state, and

(c) it is fitting that this important milestone be warmly commended in the Parliament.

35 SUSPENSION OF STANDING AND SESSIONAL ORDERS—CONDUCT OF BUSINESS— PRECEDENCE OF BUSINESS

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

Mr Gay then moved: That government business take precedence of debate on committee reports this day.

36 BUSINESS POSTPONED

Orders of the day nos 1 to 13 on the Notice Paper of government business postponed, on motion of Mr Gay, until a later hour of the sitting.

37 HEAVY VEHICLE (ADOPTION OF NATIONAL LAW) BILL 2013

Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Gay: That this bill be now read a second time.

Debate resumed—valedictory speech of the Honourable Cate Faehrmann.

Bill read a second time.

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

(With concurrence) Bill, on motion of Mr Gay, read a third time. 16 Legislative Council Minutes No. 150—Tuesday 18 June 2013

Bill forwarded to the Legislative Assembly for concurrence.

38 SERVICE NSW (ONE-STOP ACCESS TO GOVERNMENT SERVICES) BILL 2013

On the order of the day being read, Mr Gay moved: That this bill be now read a second time.

Debate ensued.

______

According to sessional order, it being after 4.00 pm, proceedings interrupted for Questions. ______

39 QUESTIONS

40 PERSONAL EXPLANATION

Mr Whan, by leave, proceeded to make a personal explanation regarding statements made during Question Time this day regarding his performance while a minister.

Objection taken.

Leave withdrawn.

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

41 SERVICE NSW (ONE-STOP ACCESS TO GOVERNMENT SERVICES) BILL 2013

Order of the day read for resumption of the interrupted debate of the question on the motion of Mr Gay: That this bill be now read a second time.

Debate resumed.

The Deputy President (Ms Westwood) left the Chair and the House sat as a committee of the whole for consideration of this bill.

The committee reported the bill with amendments.

The House adopted the report.

Standing orders having been suspended Wednesday 8 May 2013—

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

Bill returned to the Legislative Assembly with the following amendments in which the concurrence of the Legislative Assembly was requested.

SERVICE NSW (ONE-STOP ACCESS TO GOVERNMENT SERVICES) BILL 2013 17 Legislative Council Minutes No. 150—Tuesday 18 June 2013

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Schedule of the amendments referred to in the Legislative Council’s message of 18 June 2013.

No. 1 Page 4, clause 5, lines 21 and 22. Omit all words on those lines. No. 2 Page 4, clause 5 (h), lines 29 and 30. Omit all words on those lines. No. 3 Page 5, clause 7. Insert after line 26: (5) A customer service function of a council or a county council within the meaning of the Local Government Act 1993 must not be delegated to the CEO by the council or county council or any other person unless the council or county council, by a resolution of the council or county council, approved the delegation before it was made. No. 4 Page 6, clause 8. Insert after line 3: (4) An agreement must not be entered into under this section by, or on behalf of, a council or a county council within the meaning of the Local Government Act 1993 unless the council or county council, by a resolution of the council or county council, approved the agreement before it was entered into. No. 5 Page 7, clause 12 (2), line 27. Insert “or a council or a county council within the meaning of the Local Government Act 1993” after “section”. No. 6 Page 12, clause 19. Insert after line 31: (5) This section does not apply to a council or a county council within the meaning of the Local Government Act 1993.

42 RESIGNATION OF THE HONOURABLE CATE FAEHRMANN MLC

The President reported receipt of the following communication from His Excellency the Lieutenant- Governor, advising of the resignation of the Honourable Cate Faehrmann MLC on 18 June 2013:

Office of the Governor Sydney 2000

Tuesday 18 June 2013

The Honourable Don Harwin MLC President of the Legislative Council Parliament House Macquarie Street SYDNEY NSW 2000

Dear President,

I have the honour to inform you that I have received a letter dated 18 June 2013 from The Honourable Cate Faehrmann MLC tendering her resignation as a Member of the Legislative Council of New South Wales, effective immediately. 18 Legislative Council Minutes No. 150—Tuesday 18 June 2013

The Official Secretary and Chief of Staff of the Governor has acknowledged receipt of the letter from Ms Faehrmann, on my behalf, and has informed her that you have been advised of her resignation.

Yours sincerely The Honourable Thomas Frederick Bathurst Lieutenant-Governor of New South Wales

The President informed the House that the Lieutenant-Governor’s communication had been acknowledged and an entry regarding the resignation of Ms Faehrmann made in the Register of Members of the Legislative Council.

43 RETURN TO ORDER—HERITAGE ORDER ON “PEROOMBA”, WARRAWEE

The Clerk, according to the resolution of the House of Monday 25 March 2013, tabled additional documents relating to the Heritage order on “Peroomba”, Warrawee received this day from the Director General of the Department of Premier and Cabinet, together with an indexed list of documents.

44 GOVERNMENT SECTOR EMPLOYMENT BILL 2013 MEMBERS OF PARLIAMENT STAFF BILL 2013

On the order of the day being read, Mr Gallacher moved: That these bills be now read a second time.

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

Debate ensued.

Mr Shoebridge requested that the question on the motion for the second reading of the bills be put separately.

Mr Shoebridge moved: That the question on the Government Sector Employment Bill 2013 be amended by omitting “be now read a second time” and inserting instead “be referred to General Purpose Standing Committee No. 1 for inquiry and report, and in particular the impact of the proposed changes on public sector workers in New South Wales including:

(a) merit selection,

(b) security of employment,

(c) access to long service leave and other benefits,

(d) political independence of public servants,

(e) the impact of the removal of the jurisdiction of the industrial relations commission, and

(f) any other related matter.

2. That the Committee report by Tuesday 20 August 2013.”

Debate continued.

Question put: That the amendment of Mr Shoebridge to the question that the Government Sector Employment Bill 2013 be now read a second time be agreed to.

The House divided. 19 Legislative Council Minutes No. 150—Tuesday 18 June 2013

Ayes 16

Ms Barham Mr Moselmane Ms Voltz * Mr Buckingham Mr Primrose Ms Westwood Ms Cotsis Mr Searle Mr Whan Mr Donnelly Mr Secord Mr Wong Ms Fazio * Mr Shoebridge Dr Kaye Mr Veitch * Tellers

Noes 20

Mr Ajaka Ms Ficarra Mr MacDonald Mr Blair Mr Gallacher Mr Mason-Cox Mr Borsak Miss Gardiner Mrs Mitchell Mr Brown Mr Gay Revd Mr Nile Mr Clarke Mr Green Mrs Pavey Mr Colless * Mr Khan Dr Phelps * Ms Cusack Mr Lynn * Tellers

Mr Foley Mr Pearce Ms Sharpe Mrs Maclaren-Jones

Question resolved in the negative.

Original question put: That the Government Sector Employment Bill 2013 be now read a second time.

The House divided.

Ayes 20

Noes 16

Mrs Maclaren-Jones Ms Sharpe Mr Pearce Mr Foley

Question resolved in the affirmative. 20 Legislative Council Minutes No. 150—Tuesday 18 June 2013 21 Legislative Council Minutes No. 150—Tuesday 18 and Wednesday 19 June 2013 am

Question put: That the Members of Parliament Staff Bill 2013 be now read a second time.

The House divided. Ayes 20

Noes 16

Mrs Maclaren-Jones Ms Sharpe Mr Pearce Mr Foley

Question resolved in the affirmative.

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

The committee reported progress and obtained leave to sit again at a later hour.

45 ADJOURNMENT

Mr Gallacher moved: That this House do now adjourn.

Debate ensued.

The House continued to sit after midnight.

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WEDNESDAY 19 JUNE 2013 AM

Debate continued.

The House adjourned at 12.06 am until Wednesday 19 June 2013 at 10.00 am. 22 Legislative Council Minutes No. 150—Tuesday 18 and Wednesday 19 June 2013 am

46 ATTENDANCE

All members present, except Mrs Maclaren-Jones and Mr Pearce.

Steven Reynolds Deputy Clerk

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Authorised by the Parliament of New South Wales