Legislative Council

3269

LEGISLATIVE COUNCIL

NOTICE PAPER

No. 68

WEDNESDAY 22 OCTOBER 2008

The House meets this day at 11.00 am

Contents

Joint Sitting...... 3270 Business of the House—Notices of Motions...... 3270 Government Business—Notices of Motions ...... 3270 Government Business—Orders of the Day ...... 3271 Committee Reports—Orders of the Day ...... 3272 Budget Estimates—Take Note Debate ...... 3274 Private Members’ Business ...... 3274 Items in the Order of Precedence ...... 3274 Items outside the Order of Precedence...... 3276 Business for Future Consideration...... 3334 Bills referred to Select or Standing Committees ...... 3335 Contingent Notices of Motions...... 3335

3270 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

JOINT SITTING

Joint Sitting of both Houses in the Legislative Council Chamber at 4.00 pm, to fill the vacant seat in the Legislative Council caused by the resignation of the Honourable Michael Costa.

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BUSINESS OF THE HOUSE—NOTICES OF MOTIONS

1. Mr Kelly to move—

That, unless otherwise ordered, the days of meeting of the House in 2009 be as follows:

Budget sittings: March 3, 4, 5, 10, 11, 12, 24, 25, 26, 31 April 1, 2 May 5, 6, 7, 12, 13, 14 June 2, 3, 4, 16, 17, 18, 23, 24, 25

Spring sittings: September 1, 2, 3, 8, 9, 10, 22, 23, 24 October 20, 21, 22, 27, 28, 29 November 10, 11, 12, 24, 25, 26 December 1, 2, 3, (8, 9, 10 reserve days).

(Notice given 21 October 2008)

2. Mr Gay to move—

That, under section 41(1) of the Interpretation Act 1987, this House disallows the Road Transport (General) Amendment (Heavy Vehicle Driver Fatigue and Speeding Compliance) Regulation 2008, published in the Government Gazette No. 123, dated 26 September 2008, page 9407 and tabled on 21 October 2008.

(Notice given 21 October 2008)

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GOVERNMENT BUSINESS—NOTICES OF MOTIONS

1. Mr Kelly to move—

That the resolution of the House of 30 May 2007 designating the Standing Committee on Law and Justice as the Legislative Council committee to supervise the exercise of the functions of the Motor Accidents Authority and Motor Accidents Council, be amended by omitting paragraph 3 and inserting instead:

“3. That the committee report to the House in relation to the exercise of the functions under this resolution at least once every two years.”

(Notice given 23 September 2008) 3271 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

2. Mr Hatzistergos to move—

That leave be given to bring in a bill for an Act to amend the Civil Liability Act 2002 and other Acts to make further provision in respect of offender damages, victim claims, indexation of damages, and damages for gratuitous attendant care services.

(Civil Liability Legislation Amendment Bill)

(Notice given by Mr Kelly on behalf of Mr Hatzistergos 21 October 2008)

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GOVERNMENT BUSINESS—ORDERS OF THE DAY

1. Dividing Fences and Other Legislation Amendment Bill 2008: resumption of the adjourned debate of the question on the motion of Mr Kelly: That this bill be now read a second time—Ms Sharpe in reply.

(Standing Orders suspended for remaining stages, Thursday 8 May 2008)

2. Child Protection (Offenders Registration) Amendment Bill 2008: second reading—Mr Hatzistergos.

(Standing Orders suspended for remaining stages, Wednesday 24 September 2008)

3. Mental Health Legislation Amendment (Forensic Provisions) Bill 2008: second reading—Mr Hatzistergos.

(Standing Orders suspended for remaining stages, Tuesday 23 September 2008)

4. Children and Young Persons (Care and Protection) Amendment (Body Piercing and Tattooing) Bill 2008: second reading—Mr Macdonald.

(Standing Orders suspended for remaining stages, Wednesday 4 June 2008)

5. Vexatious Proceedings Bill 2008: second reading—Mr Hatzistergos.

(Standing Orders suspended for remaining stages, Tuesday 23 September 2008)

6. Law Enforcement (Powers and Responsibilities) Amendment (Detained Person’s Property) Bill 2008: second reading—Mr Hatzistergos.

(Standing Orders suspended for remaining stages, Tuesday 23 September 2008)

7. Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Bill 2008: second reading—Mr Hatzistergos.

(Standing Orders suspended for remaining stages, Wednesday 24 September 2008)

3272 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

8. Human Tissue Amendment (Children in Care of State) Bill 2008: second reading—Mr Della Bosca.

(Standing Orders suspended for remaining stages, Wednesday 4 June 2008)

9. Tow Truck Industry Amendment Bill 2008: second reading—Mr Hatzistergos.

(Standing Orders suspended for remaining stages, Tuesday 23 September 2008)

10. Home Building Amendment Bill 2008: second reading—Mr Macdonald.

(Standing Orders suspended for remaining stages, Wednesday 24 September 2008)

11. Retirement Villages Amendment Bill 2008: second reading—Mr Macdonald.

12. Dangerous Goods (Road and Rail Transport) Bill 2008: second reading—Mr Hatzistergos.

(Standing Orders suspended for remaining stages, Tuesday 23 September 2008)

13. National Parks and Wildlife Amendment (Leasing and Licensing) Bill 2007: second reading—Mr Hatzistergos.

(Standing Orders suspended for remaining stages, Thursday 27 September 2007)

14. Water Management Amendment Bill 2008: second reading—Mr Roozendaal.

(Standing Orders suspended for remaining stages, Wednesday 24 September 2008)

* Council Bill

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COMMITTEE REPORTS—ORDERS OF THE DAY

(Debate on committee reports takes precedence after Questions on Wednesdays according to sessional order)

1. Standing Committee on Law and Justice: Report No. 35 entitled “The prohibition on the publication of names of children involved in criminal proceedings”, dated April 2008: resumption of the adjourned debate (24 September 2008) of the question on the motion of Ms Robertson: That the House take note of the report—Mr Donnelly. (10 minutes)

2. Select Committee on Electoral and Political Party Funding: Report entitled “Electoral and Political Party Funding in New South Wales”, dated June 2008: resumption of the interrupted debate (24 September 2008) of the question on the motion of Revd Mr Nile: That the House take note of the report—Mr Veitch speaking. (9 minutes remaining)

3273 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

3. Committee on Children and Young People: Report No. 2/54 entitled “Review of the 2006-2007 Annual Report of the Commission for Children and Young People: Transcript of Proceedings, Written Responses to Questions and Minutes”, dated June 2008: resumption of the adjourned debate (24 June 2008) of the question on the motion of Ms Griffin: That the House take note of the report—Ms Griffin speaking. (15 minutes remaining)

4. Committee on the Health Care Complaints Commission: Report No. 2/54 entitled “Review of the 2006-2007 Annual Report of the Health Care Complaints Commission: Transcript of Proceedings, Written Responses to Questions and Minutes”, dated June 2008: resumption of the adjourned debate (24 June 2008) of the question on the motion of Ms Westwood: That the House take note of the report—Ms Westwood speaking. (15 minutes remaining)

5. Legislation Review Committee: Report No. 2 entitled “Annual Review: July 2006 – June 2007”, dated June 2008: resumption of the adjourned debate (24 June 2008) of the question on the motion of Ms Fazio: That the House take note of the report—Ms Fazio speaking. (15 minutes remaining)

6. Committee on the Office of the Ombudsman and the Police Integrity Commission:

(i) Report No. 2/54 entitled “Report on the Fourteenth General Meeting with the NSW Ombudsman: Together with questions on notice, transcript of proceedings and minutes”, dated June 2008.

(ii) Report No. 3/54 entitled “Report on the Tenth General Meeting with the Police Integrity Commission: Together with questions on notice, transcript of proceedings and minutes”, dated June 2008.

(iii) Report No. 4/54 entitled “Statutory review of the Community Services (Complaints, Reviews and Monitoring) Act 1993: Together with transcript of proceedings and minutes”, dated June 2008.

Resumption of the adjourned debate (25 June 2008) of the question on the motion of Ms Voltz: That the House take note of the reports—Ms Voltz speaking. (15 minutes remaining)

7. Committee on the Health Care Complaints Commission: Report No. 3/54 entitled “Report on the investigations by the Health Care Complaints Commission into the complaints made against Mr Graeme Reeves”, dated June 2008: resumption of the adjourned debate (26 June 2008) of the question on the motion of Ms Westwood: That the House take note of the report—Ms Westwood speaking. (12 minutes remaining)

8. Standing Committee on Social Issues: Report No. 40 entitled “Overcoming Indigenous disadvantage in New South Wales: Interim Report”, dated June 2008: resumption of the adjourned debate (28 August 2008) of the question on the motion of Mr West: That the House take note of the report—Mr West speaking. (15 minutes remaining)

9. Standing Committee on Law and Justice: Report No. 36 entitled “Review of the exercise of the functions of the Motor Accidents Authority and the Motor Accidents Council – Ninth Report”, dated September 2008: resumption of the adjourned debate (23 September 2008) of the question on the motion of Ms Robertson: That the House take note of the report—Ms Robertson speaking. (15 minutes)

10. General Purpose Standing Committee No. 5: Report No. 28 entitled “The former uranium smelter site at Hunter’s Hill”, dated September 2008: resumption of the adjourned debate (21 October 2008) of the question on the motion of Mr Colless (on behalf of Mr Cohen): That the House take note of the report—Mr Cohen speaking. (15 minutes) 3274 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

11. General Purpose Standing Committee No. 2: Report No. 27 entitled “The management and operations of the Ambulance Service of NSW”, dated October 2008: resumption of the adjourned debate (21 October 2008) of the question on the motion of Ms Parker: That the House take note of the report—Ms Parker speaking. (14 minutes)

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BUDGET ESTIMATES—TAKE NOTE DEBATE

(Debate on Budget Estimates takes precedence after debate on committee reports on Wednesdays according to sessional order)

1. Budget Estimates 2008-2009: resumption of the adjourned debate (24 September 2008) of the question on the motion of Mr Della Bosca: That the House take note of the Budget Estimates and related papers for the financial year 2008-2009—Mr Harwin. (10 minutes)

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PRIVATE MEMBERS’ BUSINESS

ITEMS IN THE ORDER OF PRECEDENCE

*1. Security Industry Amendment (Patron Protection) Bill 2007: resumption of the adjourned debate (25 September 2008) of the question on the motion of Revd Dr Moyes: That this bill be now read a second time—Mr Donnelly speaking. (16 minutes remaining)

(First postponement 25 October 2007)

*3. Smoke-free Environment Amendment (Motor Vehicle Prohibition) Bill 2008—resumption of the adjourned debate (25 September 2008) of the question on the motion of Revd Mr Nile: That this bill be now read a second time—Mr Donnelly speaking. (19 minutes)

(First postponement (Mr Donnelly on behalf of Revd Mr Nile) 15 May 2008)

5. State Emergency Services—resumption of the interrupted debate (25 September 2008) of the question on the motion of Ms Griffin:

1. That this House notes the valuable service by the State Emergency Services to the people of New South Wales when natural disasters and other emergencies occur.

2. That this House acknowledges the hard work and commitment of the many volunteers who dedicate so much of their time to the State Emergency Services, in particular during the recent storms in the Hunter, Central Coast and other areas in New South Wales.

3. That this House congratulates the Premier and Minister for Emergency Services for the 23.8 per cent increase in the 2007-08 State Emergency Services budget—Mr Veitch. (20 minutes)

Debate: 1 hour 21 minutes remaining

3275 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

6. Dr Kaye to move—

That leave be given to bring in a bill for an Act to amend the Food Act 2003 with respect to trans fatty acids in food.

(Food Amendment (Trans Fatty Acids Eradication) Bill)

(Notice given 6 May 2008)

(First postponement 25 September 2008)

7. Early intervention services for children with autism—resumption of the interrupted debate (25 September 2008) of the question on the motion of Ms Fazio: That this House:

(a) welcomes the Iemma Government’s $6 million package for the expansion of early intervention services for children with autism, which includes an autism-specific child-care centre in Western Sydney,

(b) notes an increasing rate of diagnosis of children with autism in New South Wales,

(c) recognizes that the earlier intervention in a child’s life occurs, the greater benefit that intervention can make to provide children with autism the opportunity to participate to their maximum at all levels of society, and

(d) acknowledges that the $6 million package addresses these issues, and will provide a welcomed boost to early intervention services—Ms Fazio. (12 minutes remaining)

Debate: 2 hours 42 minutes remaining

8. Mr Gay to move—

1. That this House notes:

(a) that the Western Division Group of the Shires Association of NSW held its 2008 annual conference on Monday 3 March 2008,

(b) that this region, which covers over half of the state, is of great social and economic importance to New South Wales,

(c) that this conference discussed, addressed and passed motions on key issues in the areas of Planning, Environment, Water Management, Local Government, Finance, Roads and Transport and Community Services,

(d) that this conference was attended by Liberal/Nationals members, Mr John Turner MP, Shadow Minister for Lands and Mineral Resources, Mr Chris Hartcher MP, Shadow Minister for Local Government and Water Utilities, Mr John Williams MP, Member for Murray-Darling and Mr Duncan Gay MLC in his capacity as Shadow Minister for Roads, Ports and Waterways,

(e) that this conference was attended by councillors from Balranald, Bogan, Bourke, Brewarrina, Broken Hill, Carrathool, Central Darling, Cobar, Hay, Lachlan, Moree, Walgett and Wentworth,

(f) that not a single Labor Party Minister was in attendance at this important conference,

(g) that not a single Labor Party Member was in attendance at this important conference, and

(h) that not a single Country Labor Member was in attendance at this important conference. 3276 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

2. That this House:

(a) expresses dissatisfaction with the Government’s blatant disregard for the people of country New South Wales, and

(b) expresses dissatisfaction with the Government’s city centric focus where priority and focus is centred on damage control over recent corruption allegations rather than doing the job of serving the people of New South Wales.

(Notice given 4 March 2008)

* Council Bill

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ITEMS OUTSIDE THE ORDER OF PRECEDENCE

1. Revd Mr Nile to move—

That leave be given to bring in a bill for an Act to amend the Liquor Act 1982 to require packaged liquor to contain a health warning about the danger of drinking when pregnant.

(Liquor Amendment (Health Warning for Pregnant Women) Bill)

(Notice given 9 May 2007)

2. Ms Hale to move—

That leave be given to bring in a bill for an Act to amend the Environmental Planning and Assessment Act 1979 with respect to the collection of affordable housing contributions from developers; and for other purposes.

(Environmental Planning and Assessment Amendment (Affordable Housing Development Contributions) Bill)

(Notice given 9 May 2007)

3. Ms Fazio to move—

That this House objects to the decision of Bio-Security Australia to lift restrictions on the importation of avocadoes from New Zealand despite concerns from Avocado Australia that the risk of avocado blight from these imports still exists.

(Notice given 9 May 2007)

4. Revd Mr Nile to move—

That leave be given to bring in a bill for an Act to amend the Crimes Act 1900 to make it an offence to publish material that incites or promotes terrorism or other violence.

(Crimes Amendment (Incitement or Promotion of Terrorism and Violence) Bill)

(Notice given 9 May 2007) 3277 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

5. Mr Gallacher to move—

1. That this House notes:

(a) at its peak in 2003 New South Wales Police had 15,168 sworn police officers and as of 28 February 2007 there were 15,251 sworn officers, an increase of just 83 officers,

(b) despite the announcement on 19 March 2006 by the New south Wales Premier that the number of sworn police officers would be increased by 750 that as of 28 February 2007 the overall New South Wales Police force authorised strength increased by just 699 officers,

(d) the authorised strength of just five Local Area Commands increased by more than nine officers and just 30 of the 80 Local Area Commands received an increased in authorised strength of more than five officers,

(e) despite an increase in overall police numbers, 56 Local Area Commands still have less officers than they did at their peak in 2003. These Local Area Commands include Botany Bay, City Central, Surry Hills, Harbourside, Eastern Beaches, Kings Cross, The Rocks, Rose Bay, Eastern Suburbs, Newtown and North Shore – all Local Area Commands that may or will need to be drawn upon in the unfortunate event of any particularly serious security incident, particularly during the APEC Summit in September, and

(f) 34 of the Local Area Commands have less police officers than they are currently authorised to have.

2. That this House expresses its dissatisfaction with the Government’s delivery of increased police resources to our community.

(Notice given 9 May 2007)

6. Ms Rhiannon to move—

1. That this House notes that:

(a) the Federal Labor leader, Kevin Rudd, has stated that climate change is “the overwhelming moral challenge of our generation”,

(b) Minister for Planning, Frank Sartor, told the Parliament in 2004 that “climate change is the most serious threat we face as a society”,

(c) the port of Newcastle is currently the world’s largest coal trading port exporting about 80 million tonnes of coal per year,

(d) the Iemma government’s decision to approve a third coal loader at the port of Newcastle will result in an extra 66 million tonnes of coal exported each year and expedite the expansion of the coal industry in the Hunter and the Gunnedah Basin, and

(e) the coal exported through the new loader will increase global emissions of greenhouse gases by 0.5 per cent.

2. That this House censures the Premier for his Government’s decision to approve a third coal loader, an irresponsible and dangerous act that will increase New South Wales’ greenhouse gas emissions and accelerate climate change, and for his failure to deal with “the overwhelming moral challenge of our generation”.

(Notice given 9 May 2007) 3278 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

7. Revd Mr Nile to move—

That leave be given to bring in a bill for an Act to amend the Public Health Act 1991 to prohibit the display of tobacco products, packages for tobacco products and representations of those products and packages at places where tobacco products are sold.

(Public Health Amendment (Display of Tobacco Products) Bill)

(Notice given 9 May 2007)

8. Ms Hale to move—

That leave be given to bring in a bill for an Act to establish a framework to require all government agencies to set benchmarks and targets, and report on an annual basis performance against those targets, in social service areas and across portfolios; and for other purposes.

(Accountable Government (Annual Reporting of Social Performance) Bill)

(Notice given 9 May 2007)

9. Ms Parker to move—

1. That this House:

(a) congratulates Craig Baumann on his election as the member for the State electoral district of Port Stephens,

(b) notes that voters in Port Stephens have shown that they will no longer tolerate the failures of the Government in their electorate, which includes and is not limited to its failure to:

(i) invest in the Myall Way flyover, (ii) reduce crime in the Tilligerry and Raymond Terrace, (iii) provide the resources needed at Tomaree Community Hospital, (iv) build a high school at Medowie, (v) upgrade vital road infrastructure such as Nelson Bay Road, and (vi) adequately protect pristine environments such as Fame Cove.

2. That this House holds the Government to account for their election promises to the people of Port Stephens.

(Notice given 9 May 2007)

10. Ms Rhiannon to move—

1. That this House notes that:

(a) products produced by nanotechnology, the engineering of materials at the atomic level, are already being sold in New South Wales,

(b) the National Industrial Chemical Notification and Assessment Scheme (NICNAS) report revealed that over ten thousand tonnes of nanomaterials are used in commercial production in Australia each year,

(c) in 2004, the United Kingdom's Royal Society recommended that given their toxicity risks, nanomaterials should be subject to rigorous safety assessments prior to their 3279 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

commercial release, and factories and laboratories should treat nanomaterials as if they were hazardous,

(d) despite widespread commercial use, New South Wales has no nano-specific safety assessment process to protect workers and the environment from unsafe exposure and no labelling requirement for nanomaterials in products,

(e) because of their very small size and higher chemical reactivity, nanomaterials can be more toxic than the same materials in bulk form,

(f) nanomaterials are more readily inhaled than larger particles, can be ingested, and may even be absorbed through the skin, and

(g) negotiations between the New South Wales, other State and Federal governments have been ongoing for more than one year, and although an options paper was released in September 2006, there is still no agreement on a National Nanotechnology Strategy for Australia.

2. That this House calls on the Premier, the Honourable Morris Iemma MP to:

(a) put an immediate moratorium on the release of commercial products containing manufactured nanomaterials until adequate regulation is in place to manage the health and environmental risks of nanomaterials and to address the broader societal challenges associated with nanotechnology, and

(b) establish a regulatory body to assess the health and environmental risks of nanomaterials.

(Notice given 9 May 2007)

11. Mr Cohen to move—

1. That this House notes that:

(a) the River Red Gum forests of south-west New South Wales have international conservation significance,

(b) these forests are being severely impacted upon by intensive logging practices and heavy grazing, as well as lack of water due to irrigation practices,

(c) the concrete, composite or recycled plastic sleepers are preferable options to the use of red gum sleepers due to their lower environmental impacts, lower greenhouse emissions, greater durability and lower cost over the long term; and

(d) the cultural significance of the country surrounding the Murray and Lower Darling Rivers to indigenous people, including people of the Wiradjuri, Yorta Yorta, Taungurung, Barapa Barapa, Wamba Wamba, Wadi Wadi, Mutti Mutti, Latji Latji, Weragaia and the Ngarrindjeri nations.

2. That this House calls:

(a) on the Victorian Government not to sign contracts that will use 300,000 red gum sleepers from New South Wales forests to repair the Mildura rail line, and

(b) on the Government to urgently create a system of River Red Gum National Parks along the Murray and Murrumbidgee Rivers and their tributaries, with Aboriginal ownership by traditional owners wherever that is sought by them and in accordance with their aspirations.

(Notice given 9 May 2007) 3280 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

12. Ms Rhiannon to move—

1. That this House notes the social, and economic benefits of rail as part of a sustainable transport system for the Northern Rivers region of New South Wales.

2. That this House calls on the Government to:

(a) immediately introduce regular, affordable local passenger trains on the Casino to Murwillumbah rail line that caters for workers, students, seniors, young people, people with disabilities, families, tourists and other commuters,

(b) commence planning for a rail link from Murwillumbah to the Gold Coast, and

(c) develop an integrated transport plan that meets the current and future transport needs of communities in the Northern Rivers region.

(Notice given 9 May 2007)

13. Mr Cohen to move—

That this House:

(a) expresses its concern about the Canadian human rights report which found that political prisoners in China are being executed and their body parts harvested for use in transplants,

(b) notes with concern the report’s claim that since 2000 almost 40,000 transplants have been carried out using body parts harvested from executed members of the Falun Gong movement,

(d) calls on the Federal Government to pressure the Chinese Government to begin an independent investigation into claims of human organ harvesting.

(Notice given 9 May 2007)

14. Ms Hale to move—

That leave be given to bring in a bill for an Act to amend the Residential Tenancies Act 1987 with respect to water charges for social housing tenants, rent increases and termination of leases; and for other purposes.

(Residential Tenancies Amendment (Miscellaneous) Bill)

(Notice given 9 May 2007)

15. Ms Hale to move—

That leave be given to bring in a bill for an Act to amend the Strata Schemes Management Act 1996 to limit building and strata manager contracts to one year and establish guidelines on fair contracts, to ensure faster resolution of disputes, to establish new standards of transparency and honest dealing, to mandate independent assessment of new building defects, to establish a Strata Ombudsman to resolve problems; and for other purposes.

(Strata Schemes Management Amendment (Miscellaneous) Bill)

(Notice given 9 May 2007)

3281 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

16. Mr Cohen to move—

That this House:

(a) recognises the invaluable contribution to public policy development by the non-government sector in New South Wales,

(b) condemns the Federal Government for its decision to end funding of the policy advocacy and policy work of peak environment groups around Australia, including the Nature Conservation Council of NSW, and

(Notice given 9 May 2007)

17. Mr Cohen to move—

1. That this House calls on COAG Health Group, as well as the Commonwealth and State Governments, to deliver a comprehensive solution to the current problem of young people living in nursing homes, which should include:

(a) a comprehensive funding plan involving partnerships with all relevant jurisdictions, their provider sector, consumers and a timetable for implementation,

(b) a clearly articulated transition process to enable individuals to plan how their housing, support and respite needs, along with those of their families/carers will be met in the future, and to enable support services to be delivered into their current nursing home accommodation as a matter of priority while they wait for alternative options to be created,

(c) a blueprint for the development of new accommodation options for targeted individuals living in aged care that provide ‘whole of life’, and ‘rest of life’ options,

(d) a process by which disability, aged care and carer support providers can work together with individuals and families in the developments of new services,

(e) plans for permanent joint funding arrangements that create a more responsive community care system to prevent inappropriate admissions of young people into aged care,

(f) development of a sustainable funding and service pathway out of aged care and acute care settings for younger people who have no other options, and

(g) mechanisms to ensure that young people have access to appropriate social environments as a key element of their support.

2. That this House urges the Government:

(a) to allocate the necessary funding to ensure a smooth transition from the existing unsatisfactory situation, to a situation that enables young people to live in their communities with family and friends, and

(b) to work with the Commonwealth to institute a national no fault insurance scheme for people suffering catastrophic injury.

(Notice given 9 May 2007)

3282 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

18. Mr Cohen to move—

1. That this House:

(a) notes the looming crisis of dwindling global oil supplies known as peak oil.

(b) calls on the Government to adopt the Oil Depletion Protocol, which can be found in full at www.oildepletionprotocol.org, as drafted by international authority on peak oil, Dr Colin Campbell, and is also known, with slight changes in wording, as the “The Rimini Protocol” and “The Uppsala Protocol”, and

(a) a convention of nations shall be called to consider the issue with a view to agreeing to an accord with the following objectives:

(i) to avoid profiteering from shortage, such that oil prices may remain in reasonable relationship with production cost, (ii) to allow poor countries to afford their imports, (iii) to avoid destabilising financial flows arising from excessive oil prices, (iv) to encourage consumers to avoid waste, (v) to stimulate the development of alternative energies,

(b) such an accord shall have the following outline provisions:

(i) the world and every nation shall aim to reduce oil consumption by at least the world depletion rate, (ii) no country shall produce oil at above its present depletion rate, (iii) no country shall import at above the world depletion rate, (iv) the depletion rate is defined as annual production as a percent of what is left (reserves plus yet-to-find), (v) the preceding provisions refer to regular conventional oil—which category excludes heavy oils with cut-off of 17.5 API, deepwater oil with a cut-off of 500 metres, polar oil, gas liquids from gas fields, tar sands, oil shale, oil from coal, biofuels such as ethanol, etc, (vi) detailed provisions shall cover the definition of the several categories of oil, exemptions and qualifications, and the scientific procedures for the estimation of depletion rate, (vii) the signatory countries shall cooperate in providing information on their reserves, allowing full technical audit, such that the depletion rate may be accurately determined, (viii) the signatory countries shall have the right to appeal their assessed depletion rate in the event of changed circumstances.

2. That this House notes that the Oil Depletion Protocol has already been adopted by a number of Australian organisations and is reportedly being considered by Brisbane City Council.

(Notice given 9 May 2007)

19. Ms Hale to move—

That this House calls on the Government, through the Department of Housing, to instigate a program to support the creation of new limited equity and mixed equity housing cooperatives, by:

(a) modifying the existing cooperative program run by the Office of Community Housing to include assisting private limited-equity and mixed equity cooperatives,

(b) advertising for expressions of interest from general members of the public wanting to start a cooperative, 3283 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(c) advertising for expressions of interest from residential park residents, especially where a residential park may close,

(d) making a low or no-interest revolving loan fund available, or acting as guarantor for such loans, for cooperative proposals that are deemed feasible,

(e) assisting groups wishing to start a cooperative through providing financial advice and training, in partnership with non-government organisations such as the Association to Resource Cooperative Housing,

(f) working with local government, Landcom and other agencies to source free or low cost land with the appropriate zoning,

(g) ensuring that assisted cooperatives stay affordable in the future by placing regulations and caveats on assisted cooperatives to limit capital gain accruing to individuals by prioritizing limited equity or mixed equity cooperative forms, and

(h) facilitating the spread of cooperatives as a way of providing affordable housing.

(Notice given 9 May 2007)

20. Ms Hale to move—

1. That this House calls on the Government:

(a) to adopt the broad recommendations related to public housing redevelopment contained in the study ‘Leaving Minto: A Study of the Social and Economic Impacts of Public Housing Estate Redevelopment’,

(b) to guarantee there will be no net loss of public housing arising from any redevelopment of public housing in New South Wales,

(c) to ensure that both internal and external processes relating to the replacement of any public housing stock are fully transparent and publicly accountable,

(d) not to enter into any public/private partnerships to redevelop public housing where the taxpayer carries the risk of loss of profit for the developer or where public housing stock is required to be sold off to pay for the redevelopment,

(e) to investigate public sector borrowing to fund new public housing infrastructure,

(f) to ensure that an Environmental Impact Statement is conducted in relation to all estates targeted for significant redevelopment,

(g) to investigate augmentation of public housing through a range of approaches including dramatically increasing public housing stock to provide rental accommodation to tenants who may be able to pay higher rents and thereby cross-subsidise low rent paid by low income tenants,

(h) to ensure that each redevelopment of a public housing estate also comprises a proportion of ‘affordable housing stock’ (for example, for low income workers), either rented through a Community Housing Association or for affordable purchase with contractual restraints on resale, and

(i) to ensure that a detailed Social Impact Assessment (SIA) is conducted as part of planning any public housing renewal and that the SIA informs the final decision as to the nature and extent of renewal.

2. That this House further calls on the Government to ensure that any SIA process includes: 3284 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(a) a recognition that public housing estates are not homogenous, and are made up of smaller internal sub-community groupings, and that any renewal project must give these smaller groups a say in the decisions that affect them,

(b) the principles of Triple Bottom Line accounting and total community cost – i.e. the full costs to the community in economic, social and environmental terms,

(d) a recognition of the important role that all communities perform in terms of providing valuable social and economic support to fellow community members.

(Notice given 9 May 2007)

21. Ms Hale to move—

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 created since 1 January 2004, in the possession, custody or control of the Minister for Lands, the Department of Lands, the Premier, the Office of the Premier, the Treasurer, NSW Treasury, the Minister for Natural Resources, the Department of Natural Resources, the Minister for the Environment, Climate Change and Water, the Department of the Environment, Climate Change and Water, including the Environmental Protection Authority and the National Parks and Wildlife service, the Minister for Planning, the Department of Planning, the Minister for Tourism, the Department of Tourism, the Minister for Finance, and the Minister for Commerce, relating to the lease of land in the Killalea State Park to Killalea Coastal Investments Pty Ltd:

(a) any correspondence between any government department or agency, Shellharbour Council or Kiama Council, with Killalea Coastal Investments Pty Ltd, Mariner Financial Ltd or any other related company,

(b) any agreement or draft agreement between the government or Killalea State Park Trust with Killalea Coastal Investments Pty Ltd, Mariner Financial Ltd or any other related company relating to the leasing of part or the whole of Killalea State Park,

(d) any document relating to future revenue from the Killalea State Park, and

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

(Notice given 10 May 2007)

22. Mr Gallacher to move—

That this House notes:

(a) that the Government has failed to adopt the Liberal/Nationals coalition policy of mandatory life sentences for those convicted of killing a police officer,

(b) that the Government has failed to take action to ensure all responsible for the murder of Constable Glen McEnally are charged with his murder and sentenced to life in prison,

(c) that this House expresses its dissatisfaction with the Government’s failure to meet community standards in ensuring those responsible for the death of a police officer are sentenced accordingly, and

3285 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(d) calls on the Attorney General as a matter of urgency to indicate to the House what steps the government is now taking to seek a reversal of the decision by the Director of Public Prosecutions to prefer a charge of manslaughter over murder for Motekiai Taufahema.

(Notice given 29 May 2007)

23. Mr Gay to move—

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:

(a) all documents, whether in written or electronic form, including briefing preparation, notes and correspondence, not previously provided to the House, and created between 1 January 2002 and 18 October 2006, in the possession, custody or control of The Cabinet Office, the Roads and Traffic Authority (RTA), the Premier’s Department, the Department of Infrastructure, the Premier, the Minister for Roads and the Minister for Transport, relating to the decision to proceed with the widening of the Spit Bridge,

(b) all documents, whether in written or electronic form, including briefing preparation, notes and correspondence, not previously provided to the House, and in the possession, custody or control of The Cabinet Office, the Roads and Traffic Authority (RTA), the Premier’s Department, the Department of Infrastructure, the Premier, the Minister for Roads and the Minister for Transport, relating to the decision not to proceed with the widening of the Spit Bridge,

(c) the following documents considered exempt and not provided, either in whole or in part, in response to the freedom of information request from Mike Baird MP, and referred to in the “Determination – Notification of Partial Access Approval – posting Documents to Applicant s.28 (1) & (2)”, FOI Ref No 2007/FI/0202, dated 11 May 2007, by the following identifying numbers:

(i) documents 148, 160, 202, 424, 426-452, 488-509, 510-517, 518-523, 526, 528-530 543- 549 550-571 572-580 582-603, (ii) documents 582-603 titled ‘Spit Bridge Widening- Tender Comparison Summary Sheet and Schedule of Prices’, (iii) documents 374-375 in entirety, (iv) document 376 dated December 1, 2006, and

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

(Notice given 29 May 2007)

24. Revd Mr Nile to move—

That leave be given to bring in a bill for an Act to require the public to be notified of the identity and residential address of convicted child sex offenders.

(Child Protection (Nicole’s Law) Bill)

(Notice given 29 May 2007)

25. Ms Parker to move—

That this House:

(a) notes and recognises Reconciliation Week 2007, which this year marks:

3286 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(i) the 40th anniversary of the 1967 referendum, which recorded the highest ‘yes’ vote from any Australian referendum, removed clauses that discriminated against Indigenous Australians and gave the Commonwealth the power to make laws on behalf of Indigenous people, and (ii) the 15th anniversary of the Mabo land rights decision, which recognised for the first time Indigenous peoples’ entitlements to their traditional lands under their traditional laws, and

(b) congratulates the Federal Government on increasing funding to Indigenous specific programmes by 42 percent since their election in 1996, which will reach $3.5 billion in the next financial year.

(Notice given 29 May 2007)

26. Mr Pearce to move—

1. That the report of the Independent Legal Arbiter, Sir Laurence Street, dated 25 May 2007, on the disputed claim of privilege on papers relating to Hunter Rail cars, be laid on the table by the Clerk.

2. That, on tabling, the report is authorised to be published.

(Notice given 29 May 2007)

27. Revd Mr Nile to move—

That leave be given to bring in a bill for an Act to amend the Crimes Act 1900 with respect to the age of consent in relation to sexual offences against males and females.

(Crimes Amendment (Age of Consent) Bill)

(Notice given 29 May 2007)

28. Mr Gallacher to move—

That this House:

(a) notes that Labor has taken the Hunter region for granted over the past 12 years and has failed to invest in vital infrastructure,

(b) notes that Labor’s Lower Hunter Strategy contains no details for infrastructure spending for the Hunter region,

(c) condemns the Government for its failure to provide vital infrastructure spending for the Hunter in recent state budgets, and

(d) calls on the Treasurer and the Minister for the Hunter to commit to vital infrastructure funding for the Hunter in the upcoming June state budget.

(Notice given 29 May 2007)

3287 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

29. Revd Mr Nile to move—

That leave be given to bring in a bill for an Act to provide for the establishment of the Family Impact Commission to study the moral, social and economic effects on the family unit of certain laws and proposed laws and the Government expenditure; and for related purposes.

(Family Impact Commission Bill)

(Notice given 29 May 2007)

30. Mr Gay to move—

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 Premier, The Cabinet Office, the Minister for Lands, the Department of Lands, the Treasurer, NSW Treasury, the Minister for Planning, the Department of Planning, the Minister for Local Government, or the Department of Local Government, created since March 2003:

(a) all documents relating to the sale or potential sale of Crown land administered by a Crown land trust, to private or commercial developers or any other body,

(b) all documents relating to the leasing of Crown land administered by a Crown land trust, to private or commercial developers or any other body, and

(Notice given 29 May 2007)

31. Mr Cohen to move—

That this House:

(a) calls on Forests NSW to immediately halt logging in Compartment 3046 of the Bodalla State Forest,

(b) notes the conservation value of the forest land surrounding Gulaga mountain, as well as its natural beauty, cultural significance to the traditional owners, and importance to local tourism,

(c) notes that on 23 May 2007 the traditional owners of the land, the Yuin people, served a notice of eviction to Forests NSW officials at the site of Compartment 3046, to signal their protest at the cultural damage that will be created by further logging of the area,

(d) calls on the Minister for Climate Change, Environment and Water to reserve Compartment 3046, as well as compartments 3044, 3045, 3047, 3048, 3049, 3051, 3052, 3053, 3054, and 3055, as additions to Gulaga National Park, and

(e) calls on the Government to review the Forest Agreement for the Southern Region, as well as the Upper and Lower North East Forest Agreements, as required under the Forestry and National Park Estate Act 1998.

(Notice given 29 May 2007)

*32. Educational Support for Dyslexic Children Bill 2007—resumption of the adjourned debate of the question on the motion of Revd Mr Nile: That this bill be now read a second time (5 calendar days from 7 June 2007)—Mr Veitch. (20 minutes)

3288 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

33. Revd Mr Nile to move—

That leave be given to bring in a bill for an Act to amend the Crimes Act 1900 to ensure that offences under that Act relating to the infliction of grievous bodily harm extend to the destruction of a child in utero of a pregnant woman (other than in the course of a medical procedure).

(Crimes Amendment (Grievous Bodily Harm) Bill)

(Notice given 30 May 2007)

34. Mr Cohen to move—

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 any document created since 1996 in the possession, custody or control of the Minister for Primary Industries, of the Department of Primary Industries which shows:

(a) annual total shark catch records for New South Wales,

(b) annual shark catch records for New South Wales by species,

(d) annual shark catch records for New South Wales by method of catch, and

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

(Notice given 31 May 2007)

35. Dr Kaye to move—

That leave be given to bring in a bill for an Act to amend the Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986 to make further provision for prohibiting nuclear facilities and in connection with the storage and disposal of nuclear waste in the State and to require a plebiscite to be held in the event of the Commonwealth government taking steps to support or allow the construction of a prohibited nuclear facility in the State.

(Uranium Mining and Nuclear Facilities (Prohibitions) Amendment (Plebiscite and Stronger Prohibitions) Bill)

(Notice given 19 June 2007)

36. Mr Gay to move—

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 Roads and Traffic Authority, the Minister for Roads, the Department of Premier and Cabinet, and NSW Treasury, created since 18 October 2005:

(a) all documents, including any legal advice, relating to any liabilities, or potential liabilities, of the Government, or any Government agency, in relation to the Cross City Tunnel, or to the owners of the Cross City Tunnel, or the owner’s shareholders, and

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

(Notice given 26 June 2007) 3289 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

37. Ms Rhiannon to move—

That this House:

(a) notes research contained in the Victorian Law Reform Commission’s publication entitled “Assisted Reproductive Technology and Adoption: Final Report”, which shows that having single, lesbian or gay parents does not pose a risk to the wellbeing of children, and

(b) calls on the Government to ensure that all people, regardless of their sexuality, are given equal rights to adopt children and undergo IVF treatment.

(Notice given 26 June 2007)

38. Mr Colless to move—

That this House:

(a) congratulates the Ashford community on acquiring a light aircraft for the purpose of transporting local residents in need of medical attention to centres such as Toowoomba, Armidale and Tamworth,

(b) notes that the funding for this aircraft is being raised by the Ashford community, and

(i) a lack of action by Hunter New England Health and the Government in attracting a replacement doctor to service the Ashford and Emmaville communities, (ii) the general downgrading of services, including the removal of anesthesia, surgical and optical facilities from the Inverell Hospital.

(Notice given 27 June 2007)

39. Ms Rhiannon to move—

1. That this House notes the negative impacts of the Government’s proposed expansion of Port Botany, including:

(a) its impact on local communities including increased traffic congestion, noise and air pollution from trucks and unregulated diesel freight trains,

(b) the loss of recreational areas in and around Botany Bay and local environmental damage, including destruction of wetlands and fish-breeding grounds,

(d) the billions of taxpayers’ dollars that will be diverted to upgrade and maintain roads and motorways, and

(e) the heavy toll of the expansion on safe Labor seats across south and south-western Sydney.

2. That this House calls on the Government to:

(a) halt the Port Botany expansion,

3290 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(b) reinstitute one regulatory authority covering Sydney, Newcastle and Wollongong ports to allow for the development of a comprehensive freight transport plan for New South Wales and to boost regional employment opportunities,

(c) allocate the necessary budget, including the $700 million dedicated for the expansion, in conjunction with Federal Government AusLink funding, to the development of:

(i) appropriate road and rail infrastructure to upgrade current trade operations at Port Botany, (ii) the completion of the freight rail line between Maldon and Dombarton to support freight between Port Kembla and Sydney, (iii) the upgrading of the freight rail line between Newcastle and Sydney, and Port Newcastle as set out in the NSW Ports Growth Plan.

(Notice given 27 June 2007)

40. Ms Parker to move—

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:

(a) all documents, including but not limited to all emails, draft reports, file notes, ministerial briefings and communications, in the possession, custody and control of the NSW Attorney General’s Department, NSW Department of Aboriginal Affairs, NSW Department of community Services, NSW Police Force, NSW Department of Health, NSW Department of Juvenile Justice, NSW Department of Education and Training or NSW Treasury, or the ministerial offices of the Attorney-General, the Minister for Aboriginal Affairs, the Minister for Community Services, the Minister for Police, the Minister for Health, the Minister for Juvenile Justice, the Minister for Education and Training and the Treasurer in relation to the report “Breaking the Silence: Creating the Future” and the New South Wales Interagency Plan to Tackle Child Sex Assault in Aboriginal Communities 2006-2011, and

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

(Notice given 28 June 2007)

41. Mr Cohen to move—

1. That this House congratulates the Inland Rivers Network for releasing an investigative report on 25 June 2007 detailing the theft of environmental water from the Macquarie Marshes.

2. That this House notes that the report shows that certain landholders have siphoned off water that was released from the Burrendong Dam specifically for the parched Macquarie Marshes.

3. That this House calls on the Government:

(a) to instigate measures to stop all illegal draining of rivers and floodplains and ensure environmental water and Ramsar wetlands are afforded full protection, and

(b) to develop targets and timelines to urgently return water to iconic wetlands such as the Macquarie Marshes through the purchase of water entitlements from willing sellers to allow the wetlands to survive into the future.

(Notice given 28 June 2007)

3291 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

42. Mr Gallacher to move—

1. That this House notes:

(a) highway patrol officers are an indispensable element in a safe road network,

(b) refocusing highway patrol officers on their core role of policing our roads must be top priority,

(c) in June 2006, the NRMA President Alan Evans stated: “the visible presence [of highway patrol officers] is by far the best deterrent and the best way of convincing people to behave”,

(d) the Chairman of the Pedestrian Council of Australia has stated: “the NSW Government can do much more. But after twelve years of procrastination and complacency, the legacy is an annual road trauma bill of $6 billion and immeasurable – and avoidable – pain and grief”,

(e) at the recent election the NSW Liberal/Nationals coalition committed to strengthen the Highway Patrol Command by an extra 300 officers, an additional 120 highway patrol motor vehicles and 50 motorcycles, and

(f) the Coalition was also committed to consolidating highway patrol, traffic police and the Accident Investigation Squad into their own State Command.

2. That this House calls on the Minister for Police to create a new specialist State Command comprising highway patrol officers, traffic police and the Accident Investigation Squad

(Notice given 28 June 2007)

43. Mr Gay to move—

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 and control of the Department of Education and Training relating to bullying in Government schools since 2000:

(a) any document showing the number of serious incident reports from government schools by school and school area,

(b) any document listing instances of bullying in any government school by school and school area

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

(Notice given 28 June 2007)

*44. Fair Trading Amendment (Mandatory Funeral Industry Code) Bill 2008—resumption of the adjourned debate of the question on the motion of Ms Cusack: That this bill be now read a second time (5 calendar days from 10 April 2008)—Mr Veitch. (20 minutes)

45. Ms Hale to move—

1. That this House notes allegations that:

3292 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(a) APEC meetings held in Sydney in September 2007 cost the people of New South Wales more than $300 million, with an even greater impact on commerce and industry,

(b) security concerns surrounding the event were used as a pretext for assaulting, arresting and imprisoning innocent people, and curtailing citizens’ rights to peaceable assembly,

(d) two people, who were not in a ‘declared area’, were unlawfully detained, and

(e) as evidenced by the success of the Chaser Team’s activities, the security of those persons attending the APEC conference, was of lesser concern to the police than repressing civil dissent and the right to peaceful protest.

2. That this House further notes reports that the security operation involved:

(a) more than 100 New South Wales police not wearing name badges,

(b) riot squad police wearing no individual identification at all,

(d) undercover surveillance of members of Parliament and others by the Australian Federal Police and the NSW Police Force,

(e) snipers in low flying helicopters and on roof tops menacing the people of Sydney,

(f) police unnecessarily and arbitrarily curtailing freedom of movement throughout Sydney’s central business district, (g) the exclusion of members of the public from parts of Sydney on the basis of the Police Commissioner’s ‘excluded persons’ blacklist, and

(h) police discouraging peaceful dissent by unnecessary and disproportionate displays of force including police dogs, water cannon, and deployment of the riot squad.

3. That, in view of the above, this House appoints a select committee to inquire into police activities during the APEC weekend as follows:

(1) That a select committee be appointed to inquire into the police and security operations surrounding the APEC meeting in Sydney in September 2007, and in particular:

(a) the basis upon which police formed the belief that the major protest organised by the Stop Bush Coalition would be ‘violent’ and likely to necessitate the deployment of the water cannon, the dog squad, the Australian Federal Police riot squad, as well as thousands of ordinary police officers,

(b) whether the police response was proportionate to the threat of violence during protest events,

(c) any incidence of the use by police or other security personnel of unreasonable force, wrongful assault or unlawful arrest of members of the public,

(d) the use by police of the special APEC police powers,

(e) the application of Australian Federal Police and NSW Police Force rules and procedures, such as the wearing of identification tags,

3293 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(f) covert surveillance of individuals and members of Parliament, and the use by NSW Police Force of intelligence gathered by the Australian Federal Police, NSW Police Force and Australian Security Intelligence Organisation,

(g) the cost and efficacy of the police and security operation, and

(h) any other related matters.

(2) That, notwithstanding anything contained in the standing orders, the committee consist of five members, comprising:

(a) two government members,

(b) two opposition members, and

(3) That the committee report by the first sitting day in March 2008.

(Notice given 25 September 2007)

46. Mr Cohen to move—

1. That this House:

(a) upholds the right of all Australian children to be safe, secure and free from neglect and abuse,

(b) expresses serious misgivings that the Howard Government’s intervention into Northern Territory communities has taken place without consultation with the Aboriginal communities concerned, and is not consistent with the recommendations contained in the “Little Children are Sacred” report,

(c) notes that amendments to the Northern Territory Land Rights Act overturning land tenure and disposing of the Aboriginal Community Permit System is not an appropriate response to child abuse and will be counter productive because the police acknowledge that the permit system assists both them and the communities to enforce alcohol and pornography bans, and regulates visitation to communities by ill-willed outsiders, and

(d) requests that the Federal Government and Opposition endorse, and work to implement, the recommendations of the “Little Children are Sacred” report and the proposed Emergency Response and Development Plan to protect Aboriginal Children put forward by the Combined Aboriginal Organisations of the Northern Territory.

2. That this House condemns:

(a) the provisions of the legislation which seek to override the operation of the Racial Discrimination Act, and

(b) any legislative attempt to override Australia’s international human rights obligations.

(Notice given 25 September 2007)

47. Mrs Pavey to move—

That, under standing order 52, there be laid upon the table of the House within 7 days of the date of passing of this resolution all documents created since July 2005 in the possession, custody or control of the Minister for Local Government or the Department of Local Government relating to the Glasshouse 3294 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

Arts, Conference and Entertainment Centre, Port Macquarie, and the current inquiry being conducted by Frank Willhem, and any document which records or refers to the production of documents as a result of this order of the House.

(Notice given 25 September 2007)

*48. Callan Park Trust Bill 2008—resumption of the adjourned debate of the question on the motion of Ms Hale: That this bill be now read a second time (5 calendar days from 25 September 2008)—Mr Colless. (20 minutes)

49. Ms Rhiannon to move—

1. That this House notes that:

(a) there is growing concern in New South Wales about the impact of gambling and the prevalence of problem gambling, and

(b) research demonstrates that people from lower socio-economic groups suffer disproportionately from addiction to gambling and that the consequences for communities are often domestic violence and family breakdown.

2. That this House congratulates Peter Holmes à Court and Russell Crowe on their suggestion to the South Sydney Leagues Club board that the club remove all 160 poker machines from the club.

3. That this House calls on Premier Morris Iemma to convene a New South Wales Gambling Summit, inviting participation from experts, politicians and the community, and notes that the following individuals and groups have indicated support for a Gambling Summit:

• Rev Harry Herbert, Uniting Care and Responsible Gambling Fund • Pat Daley, Salvation Army • Linda Frow, Council of Social Service of NSW • Peter Kell, CHOICE (Australian Consumers Association) • Genia McCaffery, Local Government and Shires Association • Allison Johnson, Wesley Mission • Richard Spencer, Benevolent Society • Kate Roberts, NSW Gambling Impact Society • Chris Davidson, Central Coast Problem Gambling Service • Ashley Gordon, Hunter Council on Problem Gambling • Sue Pinkerton, Duty of Care • Gary Moore, ex Director of NSW Council of Social Service • Dr Clive Allcock, psychiatrist and founder of NSW Council of Problem Gambling.

(Notice given 26 September 2007)

50. Mr Pearce to move—

That, under standing order 52, there be laid upon the table of the House within 7 days of the date of passing of this resolution, the following documents in the possession, custody or control of the Premier, Premier’s Office or the Department of Premier and Cabinet:

(a) all papers, documents and correspondence to and from the Premier’s Department or the Department of Premier and Cabinet and those persons who are former Ministers who left Parliament at the March 2007 election, in the period from January 2007 until the present day, including all correspondence relating to former Ministers’ entitlements, and

3295 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

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

(Notice given 27 September 2007)

51. Ms Voltz to move—

That this House congratulates former US Vice President Al Gore for his work on climate change and the awarding of the Nobel Peace Prize. We note that his film An Inconvenient Truth singled Australia out for not having signed the Kyoto Protocol. We also note the comments by Australian Federal Police Commissioner Mick Keelty that climate change will turn border security into Australia’s biggest policing issue this century. This House condemns the Howard Government for having failed Australia by not ratifying Kyoto and, for its inaction on climate change issues. We urge the Federal Government to immediately ratify Kyoto.

(Notice given 16 October 2007)

52. Ms Cusack to move—

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 all documents in the possession, custody or control of the Minister for Education, the Department of Education, the Treasurer, NSW Treasury and the Department of Premier and Cabinet concerning the proposed installation of a security fence at Gymea Bay Public School, as promised by the Australian Labor Party before the 2007 election, and any document which records or refers to the production of documents as a result of this order of the House.

(Notice given 16 October 2007)

53. Ms Cusack to move—

(a) the Department of Fair Trading Review of the Association Incorporations Act 1984 arising from the Association Incorporations Act 1984 Consultation paper dated April 2003 and Ministerial briefings associated with the review, and

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

(Notice given 16 October 2007)

54. Mr Pearce to move—

That this House condemns the Iemma/Costa/Sartor Labor Government for its destructive grab for developer infrastructure levies which has driven the NSW housing market to its knees and destroyed housing affordability in NSW and in particular for, by its own admission, driving dwelling commencements to their lowest level in NSW since data started being collected by the ABS in 1969 and Greenfield production in NSW down to around 2,000 lots in 2006/07, thus undermining Iemma/Costa/Sartor Labor’s own land supply targets in the metropolitan and regional strategies.

(Notice given 17 October 2007)

3296 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

55. Ms Hale to move—

That this House:

(a) expresses its sympathies to the victims of the recent devastating bushfires in Greece,

(b) notes the recent contributions of the Federal, Victorian and South Australian governments to the relief and rebuilding efforts in Greece,

(d) calls on the Government to investigate what other practical assistance can be offered to assist Greece to fully recover from the effects of the bushfires.

(Notice given 17 October 2007)

56. Ms Robertson to move—

That this House:

(a) commends the New South Wales Labor Government on its innovative practice in Aboriginal education through programs that encourage equal access to life chances for students from indigenous backgrounds,

(b) notes that these education programs increase the advantage for Aboriginal students, and

(c) notes the commitment of the Government to providing Aboriginal education programs through the Aboriginal Education and Training Strategy and many other measures.

(Notice given 23 October 2007)

57. Ms Parker to move—

1. That the reporting date for the Joint Select Committee on the Royal North Shore Hospital be extended to 29 February 2008.

2. That this House requests the Legislative Assembly to agree to a similar resolution.

(Notice given 24 October 2007)

58. Ms Westwood to move—

That this House commends the Iemma Government for its initiatives that are promoting increased community participation and integration for the residents of Western Sydney.

(Notice given 6 November 2007)

59. Ms Westwood to move—

That this House commends the Iemma Government and Minister Keneally on their vision in holding the roundtable, Creating the Future – Ageing 2030.

(Notice given 6 November 2007)

3297 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

60. Ms Cusack to move—

That, under standing order 52, there be laid upon the table of the House by 5pm on Tuesday 20 November 2007 any document in the possession, custody or control of the Minister for Fair Trading or the Department of Fair Trading, which records or refers to the resignation of George Newhouse as a Member of the Consumer, Trader and Tenancy Tribunal and any document which records or refers to the production of documents as a result of this order of the House.

(Notice given by Mr Harwin on behalf of Ms Cusack 14 November 2007)

61. Ms Rhiannon to move—

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 all submissions to the statutory review of the Gaming Machines Act 2001 in the possession, custody or control of the Minister for Gaming and Racing or the NSW Office of Liquor, Gaming and Racing and any document which records or refers to the production of documents as a result of this order of the House.

(Notice given 14 November 2007)

62. Mr Cohen to move—

1. That the report of the Independent Legal Arbiter, Sir Laurence Street, dated 26 November 2007, on the disputed claim of privilege on papers relating to the Lower Hunter Regional Strategy, be laid on the table by the Clerk.

2. That, on tabling, the report is authorised to be published.

(Notice given 27 November 2007)

63. Ms Voltz to move—

That this House:

(a) congratulates Kevin Rudd and the Federal Labor Party on their election to Federal Government, and

(b) notes that the election of the Rudd Labor Government will significantly benefit the people of New South Wales in particular through the abolition of WorkChoices, the ratification of Kyoto, a formal apology to Aboriginal people and the re-instatement of the Community Development Employment Projects scheme.

(Notice given 27 November 2007)

64. Ms Fazio to move—

That this House notes:

(a) the historic election of Julia Gillard as Australia’s first female Deputy Prime Minister,

(b) the historic election of Marion Scrymgour as the Deputy Chief Minister of the Northern Territory, the first Indigenous person to hold such office nationally, and

(Notice given 27 November 2007) 3298 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

65. Dr Kaye to move—

That this House:

(a) notes that New South Wales is the only state that has failed to introduce twice yearly Consumer Price Indexation of State Superannuation Defined Benefit Pensions for state public sector employees as recommended by the Senate Select Committee on Superannuation and Financial Services,

(b) notes that this failure means that there is no amelioration of the current indexation lag, resulting in a continuing financial disadvantage to New South Wales public sector retirees who will be in receipt of State Superannuation Defined Benefit Pensions, compared to equivalent public sector employees in other states and the Commonwealth, and

(c) calls on the Government to implement the recommendation of the Senate Select Committee on Superannuation and Financial Services to provide twice yearly Consumer Price Indexation of State Superannuation Defined Benefit Pensions.

(Notice given 28 November 2007)

66. Ms Ficarra to move—

That this House:

1. Congratulates the Australian Netball Team that won the World Championship Title 42 goals to New Zealand’s 38 at the World Championships held in New Zealand on 10 to 17 November 2007 and consisted of:

Liz Ellis – Captain Sharelle Mc Mahon – Vice Captain Bianca Chatfield Catherine Cox Mo’onia Gerrard Selina Gilsenan Natalie Medhurst Lauren Nourse Susan Pratley Julie Prendergast Laura Von Bertouch Natalie Von Bertouch.

2. Congratulates the Officials of the Australian Netball Team:

Coach: Norma Plummer Assistant Coach: Susan Kenny Manager: Margaret Molina.

3. Extends best wishes to retiring Australian Captain, Liz Ellis and those other members of the Australian team.

4. Calls on the Government to increase funding to the sport of Netball in NSW.

(Notice given 28 November 2007)

67. Dr Kaye to move—

That this House:

3299 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(a) notes that the current 9 percent employer contribution to public sector employees’ superannuation is inadequate to ensure financial security for public sector retirees,

(b) notes that the Government has a responsibility to ensure New South Wales fire fighters, rail workers, teachers, police, nurses and all other state workers enjoy a decent standard of living when they retire, and

(c) calls on the Government to increase its superannuation contribution to a minimum of 15 percent for all public sector employees to ensure their financial security in retirement.

(Notice given 28 November 2007)

68. Mr Gallacher to move—

That leave be given to bring in a bill for an Act to amend the Occupational Health and Safety Act 2000, and related Acts, following the 5-year statutory review of that Act.

(Occupational Health and Safety Amendment Bill)

(Notice given 4 December 2007)

69. Ms Robertson to move—

That this House:

(a) notes that early intervention programs implemented by the Department of Community Services (DoCS) successfully increase resilience and promote healthy child development,

(b) notes that the NSW Labor Government has implemented a five-year, $1.2 billion funding plan to reform the child protection system, and

(c) commends the NSW Labor Government on the Brighter Futures Early Intervention Program run by DoCS, which is a whole-of-government program being delivered with the help of non- government organisations to assist families with problems relating to domestic violence, drug and alcohol issues, social isolation and mental illness.

(Notice given 4 December 2007)

70. Mr Harwin to move—

1. That this House notes:

(a) that New South Wales will almost certainly lose another House of Representative seat to Queensland at a redistribution of Federal electoral boundaries that will occur next year,

(b) that this loss follows only three years after the loss of a House of Representative seat to Queensland at the last redistribution of Federal electoral boundaries,

(c) that the loss of this further seat reflects our State’s declining status among the Australian states as demonstrated by:

(i) New South Wales having the worst level of business confidence, (ii) New South Wales having the second slowest rate of economic growth which stands at almost half the national growth rate, (iii) New South Wales having an unemployment rate higher than the national average, and

3300 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(d) that this loss of status is the result of a series of anti-business policies pursued by the Iemma Government such as:

(i) an unworkable system of workplace safety laws that fail to balance the obligations of employers and employees and is focused on legal action instead of safety outcomes, (ii) an onerously high tax regime that limits economic growth, (iii) a failure to adequately invest in infrastructure such as ports, roads and rail, to bring facilities to an internationally competitive standard, thus restricting the state’s export industry.

(Notice given 26 February 2008)

71. Revd Mr Nile to move—

That leave be given to bring in a bill for an Act to require women seeking an abortion to be informed that the procedure may cause pain to the child in utero.

(Abortion (Information) Bill)

(Notice given 26 February 2008)

72. Ms Voltz to move—

1. That this House congratulates the Rudd Federal Government on its support of a bid by Football Australia for the 2018 Football World Cup.

2. That this House calls on Football Australia to bid for the next available Women’s Football World Cup as this event has filled a 100,000 seat stadium in America.

3. That this House notes that New South Wales has venues ready to host a Women’s World Cup such as Sydney Football Stadium, ANZ Stadium, Parramatta Stadium, Gosford Stadium and Wollongong Stadium.

(Notice given 26 February 2008)

*73. Energy Services Corporations Ownership (Parliamentary Powers) Bill 2008—resumption of the adjourned debate (14 May 2008) of the question on the motion of Dr Kaye: That this bill be now read a second time—Ms Voltz speaking. (11 minutes remaining)

74. Ms Voltz to move—

1. That this House congratulates the Sydney University Flames Women’s Basketball Team on their powerhouse win over Adelaide to ensure a New South Wales Grand Final.

2. That this House notes the lack of coverage by the media of this superlative win and in particular the lack of reporting not only on this game but any women’s sport by the Sydney Morning Herald 20 page sports section.

(Notice given 26 February 2008)

75. Ms Ficarra to move—

That this House:

3301 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(a) notes the concern in the community over the increasing use of the drug ICE – crystal methamphetamine,

(b) notes the former Prime Minister, John Howard’s comments that a concerted effort by all governments and the community is required to combat the drug ICE,

(c) notes the former Primer Minister’s commitment to a new $150 million drugs package designed to tackle Australia’s ICE epidemic which includes a major boost to the Government’s law enforcement efforts, further support for non-government rehabilitation services and money for drug education, and

(d) calls on the Rudd and Iemma governments to adopt the Coalition Tough on Drugs Strategy that saw illicit drug use reduced from 22% to 15% under the previous government.

(Notice given 26 February 2008)

76. Ms Parker to move—

That this House:

(a) condemns the Rudd Federal Government’s decision to discontinue the $1.2 billion Investing In Our Schools program,

(b) notes comments from the New South Wales’ Minister for Education on the Investing In Our Schools program, who said:

“It made no effective difference to school maintenance in either the public or non-government sector and simply added to the education burden”, (c) notes that funding from the Investing In Our Schools program paid for improvements to schools across New South Wales, including air conditioning, which the New South Wales Government failed to deliver,

(d) notes the funding shortfall in capital and maintenance expenditure in New South Wales schools, as highlighted by the 2006 Auditor General’s report which highlighted a backlog of $112 million, and

(e) calls on the Government to lobby the Rudd Federal Government to re-instate the Investing In Our Schools program and to also increase their own funding to schools in New South Wales.

(Notice given 27 February 2008)

77. Ms Rhiannon to move—

1. That this House notes:

(a) the Roads and Traffic Authority has acknowledged that their plan to duplicate the Iron Cove Bridge will bring an extra 2,000 cars each hour into the city,

(b) the government has failed to consult properly with the community on the Iron Cove Bridge duplication plan, and

(c) there is a growing groundswell of opposition to the plans for a new Iron Cove Bridge, as witnessed by the more than 1,000 people who marched against the proposal earlier this month.

2. That this House calls on the Government to:

3302 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(a) suspend the Iron Cove Bridge upgrade, and to conduct a rigorous cost benefit analysis of different transport options in Sydney’s Inner West, and

(b) ensure that any such analysis includes a detailed examination of the costs of induced traffic and congestion, poor air quality, carbon dioxide emissions, environmental damage, lost open space and the imminent effects of peak oil.

(Notice given 27 February 2008)

78. Ms Rhiannon to move—

(a) the discussion paper on the extension to the M4 East motorway prepared for public consultation by the Office of the Coordinator-General in the Department of Premier and Cabinet,

(b) any correspondence, including letters, faxes and emails, that relate to the preparation and finalisation of this discussion paper, and

(Notice given 28 February 2008)

79. Ms Parker to move—

1. That this House:

(a) notes proposals in the TAFE NSW: Doing Business in the 21st Century Report in relation to the Open Training and Education Network (OTEN),

(b) expresses concern over these proposals, particularly:

(i) the failure to build on the existing strengths of OTEN, (ii) the phasing out of OTEN’s Registered Training Organisation (RTO) status, (iii) the trialling of partnerships between OTEN and TAFE Institutes, (iv) the costs involved in replicating OTEN programs at all TAFE institutes, such as learning materials, technology platforms, administration systems, student services and experienced open learning teachers, (v) the lack of clarity of course continuation, length of trials and the impact on existing students, (vi) the lack of information and detail on staff training and development to be able to deliver OTEN programs at Institutes, the associated costs involved with this and teacher workload, (vii) the lack of information and detail on the future for existing OTEN staff.

2. That this House calls on the Government to maintain and support the services provided by OTEN and provide the resources needed for OTEN to build on its existing strengths.

(Notice given 4 March 2008)

3303 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

80. Revd Mr Nile to move—

That leave be given to bring in a bill for an Act to prohibit the advertising of alcoholic beverages and related trade marks, brand names and logos; and for other purposes.

(Alcoholic Beverages Advertising Prohibition Bill)

(Notice given 1 April 2008)

81. Ms Robertson to move—

That this House:

(a) congratulates the people of New South Wales on their safe driving over the Easter long weekend, which saw no increase in the road death toll during the period from midnight Thursday 20 March 2008 to midnight Tuesday 25 March 2008, and

(b) recognises the work of the Minister for Roads the Hon. Eric Roozendaal MLC, and the Minister for Police, the Hon. David Campbell MP, as well as the NSW Police Force and the Roads and Traffic Authority to minimise the injuries and fatalities caused as a result of road accidents in New South Wales.

(Notice given 1 April 2008)

82. Dr Kaye to move—

1. That this House notes that:

(a) the Office of Fair Trading strata title model by-laws contain provisions that ban, and impose penalties for the hanging of washing where it is visible to the public, (b) many unit and townhouse dwellers consequently face severe penalties including fines of up to $5,500 and a maximum of 12 months in prison if they hang their washing on balconies or in places where they are visible to the public,

(c) natural drying not only increases the life of garments and improves hygiene, but it also reduces greenhouse gas emissions,

(d) many multi-unit dwellings do not provide outdoor clothes drying opportunities or those facilities that are provided are inadequate, forcing residents who wish to avoid conflict with the owners corporation to use drying machines,

(e) generation of the energy required to power a clothes drying machine can be responsible for 500 kg of carbon dioxide each year,

(f) the ban on outdoor clothes drying for unit dwellers directly contradicts the New South Wales Government’s public relations campaigns to encourage households to reduce their energy consumption as a response to climate change.

2. That this House calls on the Minister for Fair Trading to immediately amend the model by-laws for strata title dwellings to remove the provisions that ban the hanging of washing where it is visible to the public, including balconies and in courtyards.

3. That this House calls on the Minister for Planning to amend model Local Environment Plans to ensure that all new multi-unit developments provide residents with accessible and adequate facilities for outdoor drying of clothes in natural sunlight.

(Notice given 2 April 2008)

3304 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

83. Ms Hale to move—

That leave be given to bring in a bill for an Act to amend the Home Building Act 1989 to establish a Government Statutory Insurance Scheme; and for other purposes.

(Home Warranties (Government Statutory Insurance Scheme) Amendment Bill)

(Notice given 2 April 2008)

84. Revd Mr Nile to move—

That leave be given to bring in a bill for an Act to amend the Liquor Act 2007 to raise the minimum drinking age from 18 years to 21 years.

(Liquor Amendment (Drinking Age) Bill)

(Notice given 3 April 2008)

85. Mr Lynn to move—

That this House notes that:

(a) Australian soldiers who served on active service in Vietnam received the Vietnam Medal, the Vietnam Logistic and Support Medal, the Vietnamese Campaign Medal, the Australian Active Service Medal 1945-75 in addition to awards and decorations for individual gallantry which included four Victoria Crosses,

(b) Australian soldiers who served in Vietnam acted in accordance with directions and orders issued from the Australian Federal Parliament by the Australian Government, as they are required to do,

(c) returning units from the Australian Task Force marched through our cities and participated in annual Anzac Day marches where they were acknowledged and welcomed,

(d) radical protestors against Australia’s involvement in the Vietnam War actively targeted returned Vietnam Veterans who participated in these marches,

(e) radical protestors actively targeted senior ex-military veterans who took the salute at these parades including one of our nation’s most respected war heroes and former Governor of New South Wales, Sir Roden Cutler VC,

(f) radical protestors actively denigrated and mocked symbols that are significant to war veterans by defacing war memorials and jumping into the Pool of Remembrance at Hyde Park during Anzac Day services,

(g) radical left-wing unions betrayed Australian soldiers and their families by refusing to load ships with vital military supplies and refusing to deliver mail to the Australian Task Force,

(h) Vietnam Veterans were the first returned servicemen to be betrayed by radical left-wing groups on Australian soil and any attempt by these groups to rewrite this disgraceful chapter of our history will be treated with the contempt it deserves, and

(i) the misleading statements made by Ms Rhiannon of the Greens on Tuesday 1 April 2008 as part of this strategy to re-write the history of the Vietnam era.

(Notice given 3 April 2008)

3305 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

86. Ms Ficarra to move—

1. That this House notes that:

(a) the Labor Government closed Seaforth TAFE against the community’s wishes,

(b) since the Labor Government closed the TAFE it has sat vacant while it could be being used for the benefit of the community,

(d) apart from the northern beaches community calling for the Seaforth TAFE to be reopened, unions, the Dee Why branch of the Australian Labor Party as well as the former Labor Candidate for Wakehurst and Mackellar, Chris Sharp have also called for Seaforth TAFE to be reopened.

2. That this House:

(a) condemns the Labor Government for its closure of Seaforth TAFE and lack of care for adult education in New South Wales, and

(b) calls upon the Labor Government to immediately reopen Seaforth TAFE.

(Notice given 3 April 2008)

87. Revd Mr Nile to move—

That leave be given to bring in a bill for an Act to amend the Education Act 1990 to authorise the random drug testing of secondary school students.

(Education Amendment (Random Drug Testing of Students) Bill)

(Notice given 3 April 2008)

88. Ms Ficarra to move—

1. That this House notes that:

(a) the Government misled the community and breached legislative requirements prior to closing Beacon Hill High School at Tristram Road, Beacon Hill,

(b) the document entitled ‘New Horizons: A proposal to restructure secondary education provision in the Northern Beaches District’, dated May 2000, proposed a multi-campus college for years 7 to 10 at Beacon Hill High School,

(c) on 26 July 2000, Beacon Hill High School was advised by the Government that no year 7 pupils would be accepted in 2001, which was a de facto closure, although the Minister for Education allegedly did not make a decision to close the school until 14 June 2001,

(d) the NSW Ombudsman’s found that the Government failed to accord with legislative requirements before closing Beacon Hill High School,

(e) the Government and Department of Education failed to accord with the Freedom of Information Act in that the document ‘New Horizons: A proposal to restructure secondary education provision in the Northern Beaches District’ was not provided to FOI applicants nor in the order for papers under standing order 52 from the Parliament,

3306 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(f) the memorandum from Brian Frankham to Helen Hillier telling her to “remove the Beacon Hill demographics from her public slide presentation as it was inconvenient for Landcom, which wanted to profit from selling the land”, and

(g) the Government’s failure to comply with its promise to link the Northern Beaches Secondary Colleague, Freshwater to a university.

2. That this House:

(a) condemns the Government for misleading the community of the northern beaches and failing to accord with legislative requirements prior to closing Beacon Hill High School, and

(b) calls upon the Independent Commission Against Corruption and Department of Premier and Cabinet to undertake an investigation into the conduct of those Ministers for Education, Departmental staff and any other public official who have committed corrupt conduct by their failure to act honestly in their handling of the closure of Beacon Hill High School and failure to accord with legislative requirements.

(Notice given 3 April 2008)

89. Mr Veitch to move—

That this House:

(a) congratulates the Rudd Government on its commitment of up to $4.7 billion to build a high- speed, open access, fibre based National Broadband Network which will deliver minimum speeds of 12 Mbps to 98% of Australian homes and businesses and provide significant benefits for rural and regional New South Wales, and

(b) condemns the previous Howard Government for its Opel Network deal which would have locked rural and regional New South Wales into an inferior broadband system.

(Notice given 8 April 2008)

90. Ms Cusack to move—

That this House:

(a) congratulates the Defense Reserve Support Council for Awards held at HMAS Darwin on 9 April 2008 and presented by the Australian Surgeon General Rear Admiral Graeme Shirtley to recognise outstanding employer support for our Reserves who are called on for active duty in times of war and humanitarian crisis,

(b) congratulates the staff and administration of Lismore Base Hospital for winning the major category, NSW Employer of the Year Award,

(c) acknowledges our former colleague Brigadier the Honourable Brian Pezzutti and his medical colleagues at Lismore Base Hospital for their extensive record of service in emergency retrieval, and medical treatment of thousands of victims of war in Afghanistan, Iraq, and East Timor, and humanitarian disasters in Aceh, Pakistan and Solomon Islands, and for their participation in the emergency response to the Bali Bombings, and

(d) pays tribute to the 41 RNSWR (Royal New South Wales Regiment) Commanded by Lieutenant Colonel Wally Jensen which is based in Lismore and counts amongst its members staff from the Lismore Base Hospital, which has seen extraordinary service in recent years including deployments to Butterworth in Malaysia, Sydney for APEC support and the Sydney Olympics, 3307 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

the Solomon Islands, Fiji, Papua New Guinea and the current operation assisting indigenous Australians in the Northern Territory.

(Notice given 10 April 2008)

91. Dr Kaye to move—

1. That this House notes:

(a) that neither New South Wales nor Commonwealth laws specify the labelling of animal- derived food products which would disclose the farming production method used,

(b) that neither New South Wales nor Commonwealth laws specify definitions of farm production methods for animal-derived food products, such as “free-range” or “bred free- range”,

(c) that a growing number of consumers are seeking food produced in ways that minimise the harm and suffering to animals and avoid intensive animal farming methods,

(d) the absence of regulations specifying the labelling of farm production methods disadvantages many small and medium sized farmers by failing to protect their market from unscrupulous branding that misleads consumers seeking products derived from less intensive animal farming methods, and

(e) that a consistent and rigorous system of labelling for all animal-derived food products would reward those farmers and food processors who minimise harm and suffering to animals in their care.

2. That this House calls on the Minister for Primary Industries and the Minister for Health to move at the Australia and New Zealand Food Regulation Ministerial Council for the development of consistent and comprehensive regulation for food labelling disclosing the farming production method of animal-derived food products.

(Notice given 10 April 2008)

92. Ms Cusack to move—

That this House notes:

(a) the Shell Petroleum Company has been unable to manufacture and supply premium fuel from its Clyde refinery since January 2008 and is unable to resume production of this product for the foreseeable future,

(b) that street and pump signage at Shell petrol stations continue to advertise the sale of premium petrol even though that product has not been available for more than two months and Shell is unable to say when sale of premium petrol will resume,

(c) the failure of the Iemma Government to enforce provisions of the Fair Trading Act that would prevent Shell from falsely advertising the sale of its premium petrol product when in fact it is not available,

(d) comments on 2UE radio on 10 April 2008 by the Minister for Transport, the Honourable Eric Roozendaal, that “it’s clearly unacceptable” for Fair Trading to fail in its duty to crack down on false advertising for petrol when the fuel is not available, and

3308 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(e) the public commitment made by the Minister for Transport to raise the issue with the Minister for Fair Trading to ensure a crackdown on false advertising by petrol stations.

(Notice given 10 April 2008)

93. Ms Cusack to move—

That this House notes:

(a) the work of state governments including Queensland, South Australia, Tasmania and Western Australia to participate in last year's ACCC Inquiry into unleaded petrol prices, and regrets the failure of the New South Wales Government to participate or make a submission,

(b) the Queensland Government is on the verge of announcing major policy initiatives to enhance consumer protection laws concerning the price and supply of petrol to Queensland motorists,

(c) the excellent scheme known as Fuelwatch which has been operated by the Western Australia Government since 2001 to benefit West Australian consumers, by eliminating instability in price and supply and saving motorists 2 cents per litre,

(d) policies announced by the New South Wales Opposition to extend the Fuelwatch scheme to benefit New South Wales consumers,

(e) comments by the President of the NRMA Mr Alan Evans on 21 March 2008 that:

“it works in Western Australia. It has demonstrated, as the ACCC report showed, lower prices in Perth than in Sydney. Sydney is the biggest market and NSW is the biggest market, so I congratulate Barry O’Farrell for the initiative. The sooner it’s introduced in NSW the better off NSW motorists will be.”, and

“I’d say to the [State] Government consider it, make sure it’s done, and the other states will fall in line. We can’t wait for everyone to agree on a national basis. Motorists are being ripped off.”,

(f) media statements by the NSW Minister for Fair Trading on the 21 March 2008 that rejected the Fuelwatch Scheme saying it “sounds like hot air” is a “shambolic” programme and that it was not needed and would not be suitable for New South Wales, and

(g) media statements by the Rudd Government's ACCC Petrol Commissioner supporting the expansion of Fuelwatch to other states and the response by Minister Burney in her 30 March 2008 statement that: “An initiative such as Fuelwatch would shine a light on petrol companies and make them more accountable,” and “Transparency around pricing can only be a good thing for consumers.”

(Notice given 10 April 2008)

94. Ms Rhiannon to move—

1. That this House notes that:

(a) a Part 3A proposal to construct the Southern Highlands Regional Shooting Complex at Hill Top is currently before the Minister for Planning,

(b) if this shooting complex is approved it will be built on 1000 hectares of land excised from the Bargo State Conservation Area which lies within the Sydney water catchment area,

3309 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(d) the complex, which would cater for 120 shooters simultaneously and up to 250 shooters on any day, would replace the existing single range that caters for 12 shooters at any one time and would operate seven days a week and, on some nights, be open until 10.00 pm,

(e) the site proposed for the shooting complex does not meet the key locational criteria listed in the NSW Police Range Users Guide, and no noise impact studies have been undertaken on this proposal as required by the Department of the Arts, Sport and Recreation,

(f) the National Parks and Wildlife Service lists the site as a zone of high fire danger that should be kept as a buffer for the surrounding villages,

(g) the Hill Top Public School is within five kilometres of the site and that all shooting noise can be heard from the school,

(h) this project is opposed by residents, the local community, the Wingecarribee Shire Council, the National Parks Association, the Shadow Minister for the Environment, the Shadow Minister for Planning and the Colong Wilderness Foundation,

(i) an independent panel of respected expert environmental consultants that reviewed all aspects of the environmental assessment provided by the Department of the Arts, Sport and Recreation to the Department of Planning, found that the information collected and the analysis undertaken are deficient and in some cases grossly inadequate, (j) reports undertaken by the Department of the Arts, Sport and Recreation show that the proposed site is already heavily contaminated with dangerous levels of toxins from lead and heavy metals associated with the 20 year use of the site, and that these reports recognise the need for remediation of the current contamination,

(k) a petition to the Minister for Planning with over 700 signatories calling for a public inquiry into the rezoning and development application was forwarded to the Minister for Environment, and both Ministers have ignored the request of the petitioners,

(l) more than 2,500 local residents would be adversely impacted by increased traffic movements that would result if the shooting complex was built at Hill Top as it is estimated on a weekend day there would be an extra 400 car movements through the single main street of the village of Hill Top, representing a 40 per cent increase on present traffic numbers,

(m) if the shooting complex is approved, the resulting gun noise will impact on users of the Blue Mountains World Heritage Area, the Bargo Conservation Area and the Nattai National Park which have entrances adjoining the proposed site, will lead to the destruction of native flora and fauna habitat, including koala habitat, and have a negative impact on the 108 protected species listed on the site, and

(n) there is already evidence of a negative impact on property prices in Hill Top directly related to the proposed shooting complex.

2. That this House calls on the Government to:

(a) reject the Southern Highlands Regional Shooting Complex project proposal for the site at Hill Top, and

(b) investigate alternative suitable sites away from residential communities and on non- conservation value land that is not within the Sydney water catchment.

(Notice given 6 May 2008)

3310 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

95. Ms Rhiannon to move—

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 any document in the possession, custody or control of the Premier, the Department of Premier and Cabinet, the Treasurer or NSW Treasury, not previously provided to the House, the Hon. John Watkins MP, Deputy Premier and Chair of the World Youth Day Co-ordination Authority, the World Youth Day Co-ordination Authority, the Minister for Ageing and Minister for Disability Services or the Department of Ageing, Disability and Home Care, the Minister for State Development or the Department of State and Regional Development, that records, refers to, or estimates the cost to the Government of the planning, co-ordination or delivery of services for the staging of World Youth Day 2008, and any document which records or refers to the production of documents as a result of this order of the House.

(Notice given 7 May 2008)

96. Dr Kaye to move—

1. That this House notes:

(a) that the poll of local residents in relation to the future of the Seaforth TAFE site and town centre, held on Saturday 3 May 2008, overwhelmingly supported the reopening of the site as an educational facility, with

(i) 69.5 per cent of formal votes cast in favour of re-opening Seaforth TAFE, (ii) 78.7 per cent of formal votes opposing the redevelopment of the former TAFE site and realignment of Sydney Road to create two new development sites for residential, retail, commercial and community purposes with a new town square incorporating the heritage library, and

(b) that many voters were excluded because the franchise area was narrowly defined and that voting was not compulsory.

2. That this House calls on Manly Council to acknowledge the outcome and reject the Landcom option of two towers of units and a major traffic interchange.

3. That this House calls on the Government to recognise the community’s support for Seaforth TAFE and re-open the Seaforth site as a TAFE college to serve the needs of the northern beaches community.

(Notice given 7 May 2008)

97. Dr Kaye to move—

1. That this House:

(a) recognises that the unique economic, cultural and environmental values of the Snowy Mountains Hydro-electric Scheme have been placed at risk by corporatisation and by the culture of the current management team, and

(b) calls on the New South Wales Ministers holding shares in Snowy Hydro Limited on behalf of the State of New South Wales to cause Snowy Hydro Limited to publish fully audited accounts of the following activities since corporatisation:

(i) monthly data on the Scheme’s operation, including: (a) all water releases and other transfers from the Scheme from each of the Tumut and Murray developments, and (b) all energy sales and income from other energy related products, 3311 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(ii) for each water year (1 May to 30 April) since corporatisation, the amount of water that was released from each of the Tumut and Murray developments that was borrowed against releases in a future water year and the sub-amounts that are accounted as above and below targets, (iii) for each water year (1 May to 30 April) since corporatisation, the amount of water that was repaid on previous water borrowings and the water accounts into which they were restored, (iv) the storage volumes in each of the main accounts of the scheme, being the Tumut Development, the Murray Development and the Above Target accounts, at the end of each water year, (v) evidence of compliance or otherwise with respect to: (a) legislated environmental flows and environmental flow targets for the Snowy River and Murray River, and (b) corporatisation legislation in relation to decommissioning of montane aqueducts, and (vi) forecast expenditure for the next 5, 10, 15 and 20 years to: (a) refurbish the scheme’s assets to maintain operational reliability and availability, and (b) up-rate or enhance the scheme’s assets to increase generation and trading opportunities.

2. That this House calls on the Government to establish, in consultation with the other share- holding governments, an independent inquiry into the impacts of corporatisation and the performance and behaviour of the management of the scheme, with particular regard to:

(a) the role and conduct of Snowy Hydro Limited including the Chief Executive Officer and other employees leading to the attempted privatisation of Snowy Hydro Limited between 2005 and 2006 and on-going attempts to have the company sold,

(b) the circumstances of the attempted privatisation of Snowy Hydro Limited and the role played by the relevant Ministers of the New South Wales, Victorian and Commonwealth governments,

(c) compliance by the Chief Executive Officer with his contract and key performance indicators concerning lines of reporting to responsible instruments of government and relevant statutory bodies,

(d) arrangements to sell water from the Snowy Scheme, whether in storage or post- generation in downstream reservoirs and rivers, to irrigators and other buyers, including relationships the Chief Executive Officer has with these buyers,

(e) the adequacy and transparency of its public reporting, including financial and operational reporting,

(f) the adequacy of arrangements in relation to water licensing, including the ability of the scheme to meet environmental, irrigation and community needs, and

(g) the appropriateness of the structure of the board of Snowy Hydro Limited and the range of competencies to effectively manage the corporation’s generation and water management responsibilities in the public interest.

3. That the inquiry be conducted by a committee consisting of eight members, comprising:

(a) a chair, being an independent commissioner who has no political affiliations or commercial interests in the energy sector, irrigation or similar resources actually or potentially drawing from the Snowy Mountains Hydro-electric Scheme,

(b) an independent legal counsel,

3312 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(c) four community appointees, two from the Murray-Darling basin and two from the Upper Snowy and Murrumbidgee catchments, and

(d) two appointees from environmental groups, one from the Murray-Darling basin and one from the Snowy and Murrumbidgee catchments.

(Notice given 7 May 2008)

98. Ms Cusack to move—

That this House:

(a) acknowledges that 12-18 May 2008 is National Volunteer Week,

(b) expresses, on behalf of the people of New South Wales, our deep appreciation to the 5.8 million Australians who undertake 713 million hours of voluntary work each year, supporting their fellow citizens and communities and enriching our families, environment and wider communities, and

(c) calls on the Government to recognise the interest all members have in supporting volunteers and volunteering by adopting a policy of bipartisanship and engagement of members from all parties during National Volunteer Week and in other activities throughout the year.

(Notice given 14 May 2008)

99. Ms Cusack to move—

That this House:

(a) notes that the issue of product safety, especially for children’s products, is of national concern and the interests of families of New South Wales are best served by a national system of standards and enforcement,

(b) congratulates the Infant and Nursery Product Association of Australia and Standards Australia for their work in improving national safety standards for prams,

(c) notes that the work of industry has filled the regulatory void in Australia which has been created by our dysfunctional system of nine regulatory regimes all competing to do the same job, resulting in ongoing confusion, irrationalities, gaps and costs in our consumer protection system,

(d) regrets that the Government continues to block a national product safety regime for the benefit of all consumers, by continuing to insist on a parochial states-based approach, and

(e) notes that the Government’s outdated approach has been repeatedly discredited by inquiries conducted by the Productivity Commission and Choice magazine, the main voice of Australian consumers.

(Notice given 14 May 2008)

100. Ms Rhiannon to move—

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, created since January 2006, and not previously provided to the House, in the possession, custody or control of the Minister for Transport, the Department of Transport, the Minister for Planning, the Department of Planning, the Minister for Infrastructure, NSW Treasury, the Minister for Roads, or the Roads and Traffic Authority: 3313 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(a) all documents, including plans, relating to the M4 East extension or any further extensions, including any extensions to Port Botany, Sydney airport or towards the CBD,

(b) all documents, including plans, relating to the widening of the M4,

(d) all documents, including plans, relating to the F6 (also known as the M6) corridor, including any extensions to Port Botany, Sydney airport or towards the CBD,

(e) all documents, including plans, relating to other new road projects within the Marrickville, Leichhardt and Canada Bay Local Government Areas, and

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

(Notice given 3 June 2008)

101. Ms Hale to move—

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, created since November 2007, in the possession, custody or control of the Premier, the Department of Premier and Cabinet, the Minister for Planning or the Department of Planning:

(a) all submissions and correspondence received in response to the Department of Planning’s discussion paper “Improving the NSW Planning System”, dated November 2007,

(b) all submissions and correspondence received in response to the Environmental Planning and Assessment Amendment Bill 2008 Exposure Draft and the Building Professionals Amendment Bill 2008 Exposure Draft, tabled in the Legislative Assembly on 3 April 2008, and

(Notice given 3 June 2008)

102. Ms Rhiannon to move—

1. That this House notes:

(a) that the NSW Midwives Association has developed policy directions for improving women’s access to quality maternity services in New South Wales,

(b) that medical intervention in childbirth has risen dramatically in Australia in the last decade, with New South Wales now having the highest birth intervention rate in history with caesarean rates of up to 35 percent for private patients,

(c) that, while maternity services face growing demand, there is a state-wide shortage of midwives, midwifery educators for students and new graduates with high rates of attrition and inadequate clinical support,

(d) that pregnant women have very limited continuity of care, with women in the public health care system seeing on average 30 different health care providers,

(e) that women living in rural and remote areas and Aboriginal and Torres Strait Islander women have particularly poor opportunities to access adequate maternity services,

3314 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(f) that rural women face increased risks, morbidity, stress, expense and social dislocation in accessing maternity care services, with more than 130 services now closed across Australia in the last decade, costly services, and limited access to free antenatal services,

(g) that an inability to obtain professional indemnity insurance has limited midwives capacity to offer their services to women, and

(h) there is unmet demand for birth centres and limited opportunities for publicly-funded homebirth.

2. That this House calls on the Government to:

(a) redesign maternity health services in New South Wales to prioritise a primary rather than acute health care model, allowing all healthy pregnant women to receive care from midwives as recommended by the World Health Organisation,

(b) develop a midwifery workforce strategy to address workforce shortages,

(d) enable midwives to have professional indemnity insurance,

(e) act to facilitate collaboration between general practitioners and midwives, and

(f) increase resources to support community-based midwifery and continuity of care.

(Notice given 3 June 2008)

103. Mr Lynn to move—

1. That this House congratulates the Prime Minister of New Zealand, the Right Honourable Helen Clark, for the apology to her country’s Vietnam war veterans.

2. That this House notes Prime Minister Clark’s statement that:

“The Crown extends to New Zealand Vietnam veterans and their families an apology for the manner in which their loyal service in the name of New Zealand was not recognised as it should have been.

The service of those who fell and all who served in that conflict should now be honoured, alongside that of other brave service personnel deployed to other conflicts in the service of our country.

For too long, successive governments ignored concerns being raised by Vietnam veterans.”

3. That this House notes the comments of the New Zealand Ex-Vietnam Services Association President, Mr Terry Culley, when he advised Radio New Zealand that after the publication of death notices in newspapers, some grieving widows or parents received notices saying, “He got what he deserved. When they came home they were treated like pariahs. They were called baby killers”.

4. That this House acknowledges that Australian Vietnam veterans were betrayed in a similar way.

5. That this House calls on the Federal and State governments in Australia to follow the lead of Prime Minister Helen Clark and apologise to Australian Vietnam veterans for the betrayal they endured when they returned from active service in Vietnam.

(Notice given 5 June 2008)

3315 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

104. Dr Kaye to move—

1. That this House notes that:

(a) the Government per capita grants to non-government schools are budgeted to exceed $698 million in 2008-09,

(b) the allocation of this money will be based on the claimed enrolment numbers submitted by each school,

(c) the Minister for Education and Training, in response to a question asking what steps were being taken to put an end to the practice of private schools deliberately inflating their enrolment numbers in order to increase their per capita grants, stated that “The Commonwealth is the principal regulator of these matters and they are a Commonwealth regulatory responsibility.”,

(d) only 2 percent of non-government school enrolment census forms used for Commonwealth funding are independently audited by the Commonwealth Government each year, and

(e) non-government schools may be receiving up to $14 million a year from State and Commonwealth governments based on unaudited claims of student numbers.

2. That this House calls on the Minister for Education and Training to:

(a) develop a rigorous and independent system of auditing of the claimed student numbers at each non-government school receiving State Government funding and that the cost of auditing, but not the choice of auditors, be the responsibility of the school itself, and

(b) work with the Commonwealth Government to harmonise the collection and auditing of student enrolment data at non-government schools.

(Notice given 5 June 2008)

105. Ms Cusack to move—

1. That this House:

(a) notes the Commonwealth of Australia Constitution Act, Section 117 reads:

Rights of residents in States

A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State,

(b) cautions the Queensland Government against any unilateral measures that would discriminate against citizens of New South Wales when purchasing fuel in Queensland, and

(c) considers the Premier of Queensland's stated intention to co-fund the private and business consumption of fuel on an exclusive basis to its citizens, by paying an 8.35 cent subsidy per litre at the point of sale as an act of flagrant economic and social hostility against the citizens of Northern New South Wales.

2. That this House calls on the Government:

3316 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(a) to immediately convey a message to the Premier of Queensland, expressing adamant opposition to such discriminatory measures which are contrary to the principles of Federation and detrimental to relations between our states,

(b) to initiate legal action to preserve the citizenship and Constitutional rights of residents of New South Wales who will suffer unfair economic and social hardship as a result of this unilateral and discriminatory action by the Queensland Government, and (c) consider appropriate and proportionate retaliatory action should the Queensland Government proceed with such discriminatory measures.

(Notice given 5 June 2008)

106. Ms Hale to move—

1. That this House condemns the Government for the new arrangements that result in inmates of the Long Bay Prison Hospital being locked in their 2.5 x 3.5m cells for 18 hours a day.

2. That this House notes that, in 2004, in an answer to a question on notice in relation to the new forensic facility, (Answer to question No. 1219, Tuesday 19 October 2004, published in Legislative Council Q&A Paper No. 74), the Premier, as Health Minister, gave his assurance that: “The quality of the health service provided will improve. Forensic patients will no longer be housed in a correctional centre, but in a Health facility that will be purpose built to cater to their needs.”

3. That this House condemns the Attorney General and Minister for Justice on the grounds that locking patients in for 18 hours a day as a precursor to the opening of the new facility, and continuing this practice in the new facility, is clearly a betrayal of Premier Iemma’s assurances in 2004.

4. That this House notes that such a regime is contrary to:

(a) section 12.4 of the Department of Corrective Services Operation Procedure Manual,

(b) Section 153 of the Crimes (Administration of Sentences) Regulation 2001,

(d) Article 5 of the Universal Declaration of Human Rights, to which Australia is a signatory.

5. That this House:

(a) notes that a patient wrote to the Minister for Justice describing the new regime as “maddening, un-therapeutic, destructive, oppressive, savage, barbaric, depressing and frustrating”, and

(b) acknowledges that, according to qualified psychiatrists, subjecting mentally ill patients to long periods of solitary confinement can exacerbate psychotic or schizophrenic symptoms.

6. That this House:

(a) calls upon the Minister for Justice to end this new regime immediately, and

(b) if the Minister for Justice does not end this new regime, calls on the Human Rights and Equal Opportunity Commission to investigate.

(Notice given 5 June 2008)

3317 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

107. Ms Cusack to move—

1. That this House notes:

(a) the false and personal attack by the Federal Member for Sydney, and Minister for Status of Women, the Honourable Tanya Plibersek, upon the Deputy Leader of the Federal Parliamentary Liberal Party, Ms Julie Bishop MP, concerning the publication of a book “A Decade of Achievement for Australian Women”,

(b) the use of public funding by the Wran and Unsworth Labor governments for production of the following publications:

“A decade of achievement in ethnic affairs, 1976-1985”, by the New South Wales Ethnic Affairs Commission of New South Wales, “Transport: a decade of achievement and the way ahead, 1976/86 and beyond” by the New South Wales Department of Motor Transport; and “Anti-Discrimination Act, 1977-1987: a decade of achievement making rights work” by the New South Wales Anti-Discrimination Board,

(c) the false and personal attack by the Honourable Tanya Plibersek directed against Ms Bishop on the issue of domestic violence, and

(d) the false and personal attack by the Member for Newcastle, Ms Jodi MacKay, on the reputations of the Honourable Catherine Cusack MLC and the Honourable Robyn Parker MLC by deliberately misrepresenting the position of these members on the issue of sexual assault.

2. That this House calls on the Australian Labor Party and, in particular, the Honourable Tanya Plibersek and Ms Jodi McKay:

(a) to carefully reconsider the ramifications of their actions in scoring cheap political points that undermine the strong bipartisan effort to improve policies addressing the crimes of domestic violence and sexual assault, and

(b) reconfirm the determination of members of the New South Wales Legislature to improve standards of conduct and debate when addressing crimes of violence and terror perpetrated against Australian women.

(Notice given 5 June 2008)

108. Ms Hale to move—

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, created since January 2006, relating to projections of sea level rises affecting the New South Wales coastal area, in the possession, custody or control of the Minister for Environment and Climate Change, or the Department of Environment and Climate Change:

(a) any document relating to interim projections for rising sea levels until 2100,

(b) any document relating to the potential risks of sea level rise on New South Wales’ coastal areas,

(d) any document relating to the effect of sea level rise on sewage systems and stormwater systems,

(e) any document relating to local government planning controls in relation to sea level rise, and 3318 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

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

(Notice given 5 June 2008)

109. Ms Parker to move—

That this House:

(a) notes the post-federal election back flips by the Federal Member for Hunter, Joel Fitzgibbon, on services and infrastructure for Maitland and the Lower Hunter region,

(b) notes that Joel Fitzgibbon has broken at least three election commitments in six months, being:

(i) the promise of an MRI licence for Maitland, (ii) the promise of a free dental and medical centre for defence force families based in Williamtown, (iii) the promise to match the Coalition’s commitment to build the F3 to Branxton Link Road,

(c) condemns Joel Fitzgibbon and the Federal Government for reneging on election commitments to voters in the Hunter, (d) calls on the Federal Government and Joel Fitzgibbon to honour these elections commitments.

(Notice given 17 June 2008)

110. Ms Rhiannon to move—

(a) the minutes or notes of the DECC Executive Meeting held on 28 May 2008, or any rescheduled date, and

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

(Notice given 18 June 2008)

111. Ms Rhiannon to move—

1. That this House notes:

(a) the serious impacts that coal dust and particulate matter has on both human health and the environment,

(b) that uncovered coal trucks are travelling within 50 metres of residential dwellings in coal communities throughout New South Wales several times per day up to seven days per week,

(c) the widespread concerns of people living near rail lines used by the coal industry regarding air pollution, dust pollution that soils washing and household exteriors, contaminated tank water caused by increased dust pollution on household roofs, and health issues arising from air and dust pollution, especially respiratory health problems, and

3319 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(d) that, although an obligation already exists to cover coal trucks transported by road, coal trucks being transported on rail do not need to be covered.

2. That this House calls on the Government:

(a) to legislate to make it compulsory to cover coal loads transported by road or rail, regardless of the grade of coal being transported, wherever the coal trucks pass through or nearby to residential areas, and

(b) to introduce a reporting system where members of the public can report any uncovered trucks transporting coal by rail, and to introduce heavy penalties for coal companies that fail to cover their coal trucks.

(Notice given 18 June 2008)

112. Ms Cusack to move—

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 Housing, the Department of Housing, the Minister for Commerce, the Department of Commerce, the Minister for Fair Trading or the New South Wales Rental Bond Board relating to the New South Wales Boarding Accommodation Report:

(a) minutes of meetings of the Rental Bond Board for the calendar years 2005, 2006, 2007 and 2008 (to date),

(b) all documents and invoices relating to the administration fee charged by the Office of Fair Trading to the Rental Bond Board since 1 January 2006,

(c) copies of studies funded by the Rental Bond Board since 1 January 2006 including the New South Wales Boarding Accommodation Report,

(d) all documents held by the Rental Bond Board concerning affordable housing projects funded by the board since 1 January 2006, and

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

(Notice given 19 June 2008)

113. Ms Cusack to move—

That this House notes:

(a) the plight of clients, tradesmen and unsecured creditors, who have been impacted upon by the collapse of Beechwood Homes,

(b) that Fair Trading Minister Linda Burney’s media release of 14 May 2008 'Beechwood Homes - Home owners not to panic' stated: NSW Fair Trading Minister, Linda Burney, today urged clients of Beechwood Homes not to panic following news that the company had gone into voluntary administration. Fair Trading is working with the administrator and home warranty insurer to bring about a quick resolution for all consumers and will contact them with advice as soon as further information comes to hand from the administrator” (emphasis added),

(c) the numerous promises and reassurances the Minister gave to Beechwood clients, before, during and after her taxpayer funded trip to the Cannes Film Festival, that they should stay calm, that they would be looked after, that they had not been forgotten, that this was exactly the 3320 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

situation her home warranty scheme was designed for, and more recently that things would “get sorted”, and

(d) news today that 580 Beechwood clients are being denied copyright on their plans, are not covered by private insurance and have been left completely in the lurch by Fair Trading Minister Linda Burney.

(Notice given 19 June 2008)

114. Ms Fazio to move—

That this House:

(a) notes that Schizophrenia Awareness Week was held from 18 to 24 May 2008,

(b) congratulates the Schizophrenia Fellowship for their work in improving the lives of people with mental illness and their vision of a society in which people with mental illness are valued and treated as equals, and

(c) congratulates the Schizophrenia Research Institute for their ongoing world class research which aims for a better outcome for those currently living with schizophrenia and hope for the prevention of this devastating disease in the future.

(Notice given 24 June 2008)

115. Mr Colless to move—

1. That this House notes an ongoing spate of vandalism attacks and anti-social behaviour in the Bathurst Electorate including:

(a) the Bathurst Carillon War Memorial being defaced with anti-war slogans immediately prior to ANZAC Day commemorations due to be held at the site in 2007,

(b) ten separate incidents of vandalism on business premises in the Bathurst CBD from December 2007 to mid January 2008, as detailed in the Western Advocate on 17 January,

(d) a vandalism rampage through Kelso Public School which left almost every classroom damaged, and included profanities being painted onto computer screens, furniture being upturned and paint and excrement being smeared around classrooms,

(e) ongoing problems of vandalism in the Kelso Estate with local residents regularly being harassed and having bricks thrown through their windows and fence panels kicked in, and

(f) a recent vandal attack which left a Lithgow service station with an estimated $34,000 in damage.

2. That this House:

(a) calls on the Government to detail what policing measures are currently in place to combat repeated incidences of vandalism and anti-social behaviour in the Bathurst Electorate, and

3321 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(b) outline any future policing initiatives being developed to stamp out vandal attacks.

(Notice given 24 June 2008)

116. Ms Fazio to move—

That this House:

(a) notes that education investment will help build the nation’s productive capacity in our economy by making Australia one of the most educated and most highly skilled workforces in the world,

(b) welcomes the Federal Government’s commitment to a world-class education system by investing $19.3 billion dollars in education commitments from early childhood to schools, from vocational education and training to higher education, and

(c) commends the establishment of a new $11 billion Education Investment Fund to support capital expenditure, renewal, and refurbishment of universities and vocational institutions as well as in research facilities and major research institutions.

(Notice given 24 June 2008)

117. Ms Fazio to move—

That this House:

(a) welcomes the renewed partnership between the New South Wales Government and the Federal Government to deliver better services to the most vulnerable in our community,

(b) recognises the strong endorsement by the Rudd Government’s first budget of the Iemma Government’s spending and policy priorities for ageing and disability services in New South Wales, and

(c) notes that the Federal budget will deliver more early intervention for children with autism, more assistance to carers, more help for seniors to access basic services, and an extra $100 million in capital works funding for supported accommodation.

(Notice given 24 June 2008)

118. Ms Fazio to move—

That this House:

(a) welcomes the move by the Federal Government to establish more co-operative relations with the states,

(b) notes that more co-operative relations will allow for more productive and effective delivery of programs and projects vital to the people of New South Wales, and

(c) recognises the Rudd Labor Government’s commitment to work with the states through COAG reform of funds in the Federal budget including the Building Australia Fund, the Education Investment Fund and the Health and Hospitals Fund.

(Notice given 24 June 2008)

3322 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

119. Ms Fazio to move—

That this House:

(a) commends the Commonwealth Government on the commitment in this year’s budget to invest in infrastructure, and welcomes the establishment of the $20 billion Building Australia Fund,

(b) notes that, for too long, there has been a lack of investment in the nation’s infrastructure and a need for national infrastructure planning,

(c) recognises that the establishment of Infrastructure Australia will help provide a strategic blueprint for addressing long-term infrastructure needs, and

(d) welcomes the $925 million provided in this year’s federal budget for road and rail projects in New South Wales and the Australian Capital Territory including $157 million to get a early start to key projects including the Ballina bypass, the Alstonville bypass, and the Bulahdelah bypass.

(Notice given 25 June 2008)

120. Ms Rhiannon to move—

1. That this House notes that:

(a) the Carr Government’s moratorium on commercial marina developments, first imposed in 1991, was lifted in 2005 with the introduction of the Regional Environmental Plan for Sydney and Middle Harbours,

(b) since the end of the moratorium on marina upgrades in Sydney, and under Minister Tripodi’s carriage, there has been an outbreak of new marina proposals in Sydney and coastal New South Wales, and

(c) these proposals are having a disastrous impact on public amenity and public access to foreshore areas, with public land being usurped by the interest of private marina developers.

2. That this House calls upon the Government to:

(a) re-instate the moratorium on marina development proposals in Sydney Harbour and Middle Harbour, and throughout New South Wales,

(b) review the Regional Environmental Plan for Sydney and Middle Harbours and its performance in protecting our harbours from overdevelopment, and

(c) recommend appropriate regulations to better manage and place stricter controls on marina development proposals and their environmental and social impact in New South Wales.

(Notice given 25 June 2008)

121. Dr Kaye to move—

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 created since 1 January 2007, in the possession, custody or control of the Premier, the Department of Premier and Cabinet, the Treasurer or NSW Treasury, relating to electricity restructuring or privatisation:

(a) documents disclosing the costs of conducting the following electricity inquiries:

3323 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(i) the Unsworth Consultative Reference Committee, (ii) the Owen Inquiry into Electricity Supply in New South Wales,

(b) documents disclosing the costs of advice and consultants including Credit Suisse, Lazard Carnegie, any of their subsidiaries or associated companies or any other company providing advice to the Government, and

(Notice given 25 June 2008)

122. Ms Rhiannon to move—

That General Purpose Standing Committee No. 2 inquire into and report on the impact of coal mining on the health of people who live and work within the vicinity of coal mining areas and in particular;

(a) the adequacy of regulations and legislation governing exposure to air, noise and water pollution associated with coal mining, (b) the extent to which people, particularly those whose health is already compromised, are informed of the risk of noise, air and water pollution,

(c) the availability of accurate diagnoses and medical services for those whose health is adversely affected by coal mining,

(d) the financial and social burden when the health of people suffers as a result of coal mining practices,

(e) the availability of accurate records on the nature and extent of illness, disability and death caused by coal mining,

(f) access to compensation, limitations in seeking legal redress and alternative models of financial support for affected individuals and their families, and

(g) any other related matter.

(Notice given 25 June 2008)

123. Ms Westwood to move—

That this House:

(a) congratulates the NSW Cancer Council and citizens of New South Wales for raising funds through the holding of Australia’s Biggest Morning Tea throughout New South Wales, for much needed cancer research,

(b) commends the Iemma Government for its sustained focus on cancer and cancer prevention through the funding of cancer research, treatment and community education programs, and

(Notice given 26 June 2008)

3324 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

124. Mr Harwin to move—

That leave be given to bring in a bill for an Act to provide for the scrutiny of, and guidelines for, government publicity which has or is likely to have the capacity to influence public support for a political party or for candidates for election to, or members of, Parliament; and for other purposes.

(Government Publicity Control Bill)

(Notice given 26 June 2008)

125. Miss Gardiner to move—

(a) the Annual Review of Root Cause Analysis 2007 and the Annual Review of Root Cause Analysis 2006 for the following Area Health Services:

(i) Northern Sydney/Central Coast Area Health Service, (ii) Sydney West Area Health Service, (iii) Sydney South West Area Health Service, (iv) South Eastern Sydney and Illawarra Area Health Service, (v) Greater Southern Area Health Service, (vi) Greater Western Area Health Service, (vii) Hunter New England Area Health Service, (viii) North Coast Area Health Service, and

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

(Notice given 28 August 2008)

126. Ms Rhiannon to move—

1. That this House notes:

(a) that the Government has accepted a $300 million offer from China Shenhua Energy Company for an exploration licence to investigate the Watermark coal exploration area on the Breeza Plains,

(b) that this $300 million fee is due to be paid within 30 days from 15 August 2008 to secure this licence, and

(c) that landholders, environmentalists and local Councils have repeatedly asked the Government to fund an independent hydrological study of the Upper Namoi Catchment as a result of concerns arising from the adjoining BHP Billiton Caroona Coal project.

2. That this House calls on the Government to fund and conduct a full independent water study of the potential impact of coal exploration and mining on the Upper Namoi Water catchment before any deal is struck with the China Shenhua Energy Company and before accepting any exploration fees.

(Notice given 28 August 2008)

3325 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

127. Dr Kaye to move—

1. That this House notes:

(a) that Bisphenol A is found in a wide range of consumer goods such as baby bottles, plastic microwave food containers and canned food linings,

(b) the growing scientific consensus that Bisphenol A is a harmful chemical to human health,

(c) the recent Lang study published in September 2008 in the Journal of the American Medical Association that found that high Bisphenol A levels were significantly associated with heart disease, diabetes, and abnormally high levels of certain liver enzymes, and

(d) that in April 2008, Canadian Health Minister, Tony Clement, announced Canada’s intent to ban the import, sale, and advertisement of polycarbonate baby bottles containing Bisphenol A due to safety concerns.

2. That this House calls on the Minister for Primary Industries and the Minister for Health, as the New South Wales Government representatives on the Ministerial Council overseeing Food Standards Australia and New Zealand (FSANZ), to:

(a) ensure that FSANZ takes note of the recent scientific literature on the dangerous health risks associated with Bisphenol A in plastics, and

(b) following the precautionary principle, to put in place a temporary ban on products containing Bisphenol A while further research is conducted.

(Notice given 23 September 2008)

128. Dr Kaye to move—

1. That this House notes:

(a) that the proposed Tillegra Dam will dislocate 90 farming families, destroy an important food producing area, and put at risk a thriving platypus population,

(b) recent reports by independent geotechnical experts that the construction cost is likely to blow out due to the danger of earth slippages and could cost up to $1 billion,

(c) that annual average household water utility bills in the Hunter and Central Coast could rise by between $250 and $416 per year to pay for the dam,

(d) that the Lower Hunter did not need to institute water restrictions even during the worst of the drought affecting the rest of New South Wales,

(e) that Hunter Water Corporation modelling for the next 100 years shows that without the Tillegra Dam, the region’s storages would stay above 45 per cent, even with an additional 160,000 Lower Hunter residents,

(f) that the Hunter Water Corporation itself noted in 2004 that water efficiency measures and increased use of rainwater tanks offers a smarter and cheaper option for the region, and

(g) that federal funding of the pipeline linking Mardi and Mangrove will secure water supplied for the Central Coast for the foreseeable future.

3326 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

2. That this House calls on the Minister for Water to cancel plans to construct Tillegra Dam and instead commit funds to improve water efficiency and rainwater tank installations in the Hunter and Central Coast.

(Notice given 23 September 2008)

129. Dr Kaye to move—

1. That this House notes:

(a) that a 2007 study conducted by Southampton University in the United Kingdom found that consumption of bright, artificial food colourings No. 102 tartrazine (lemon yellow), 104 quinoline yellow, 110 sunset yellow FCF, 122 carmoisine (red), 124 ponceau 4R (red), and 129 allura red AC had a “significantly adverse” impact on hyperactivity levels in children,

(b) that in July 2008 the European Parliament passed legislation that compels the labelling of products that contain any of these six artificial food colourings with the warning “may have an adverse effect on activity and attention in children”,

(c) that the United Kingdom Food Standards Agency has called for manufacturers to voluntarily remove these six artificial food colourings from their products, and the United Kingdom branches of Nestlé and Cadbury-Schweppes have both taken action to remove these colourings from their sweets and replace them with suitable alternatives, and

(d) that Australian children are being exposed to the dangers of the six artificial food colourings because of inaction by the Australia and New Zealand Food Regulation Ministerial Council which still permits the sale of food products containing these colourings in Australia.

2. That this House calls on:

(a) the Government to ban the manufacture and sale of food in New South Wales that contains any of the artificial food colourings No. 102 tartrazine (lemon yellow), 104 quinoline yellow, 110 sunset yellow FCF, 122 carmoisine (red), 124 ponceau 4R (red), and 129 allura red AC, and

(b) the Minister for Primary Industries and the Minister for Health to move at the Australia and New Zealand Food Regulation Ministerial Council for a national ban on the manufacture and sale of food that contains any of these six artificial food colourings.

(Notice given 23 September 2008)

130. Miss Gardiner to move—

(a) the report of the review undertaken by Health Outcomes International Pty Ltd entitled “Rural Access Review 2005”, and

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

(Notice given 23 September 2008)

3327 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

131. Ms Hale to move—

1. That this House notes:

(a) that Pittwater Council has declared Currawong Beach and the historic buildings contained within its boundaries to be a heritage site and that it should immediately be placed on the State Heritage Register and the National Heritage List in its entirety,

(b) that the National Trust of Australia (NSW Division) has declared Currawong Beach and the historic buildings contained within its boundaries to be a heritage site and that it should immediately be placed on the State Heritage Register and the National Heritage List in its entirety,

(c) that the Heritage Council of New South Wales has declared Currawong Beach and the historic buildings contained within its boundaries to be a heritage site and that it should be placed on the State Heritage Register in its entirety, and

(d) that the Australian Institute of Architects has stated that Currawong Beach is of enormous heritage significance and should be placed on the State Heritage Register in its entirety.

2. That this House calls on the Government:

(a) to take immediate steps to place Currawong Beach in its entirety on the State Heritage Register, and

(b) to ensure that Currawong Beach is protected from residential subdivision or other inappropriate development.

(Notice given 23 September 2008)

132. Dr Kaye to move—

1. That this House notes recent reports of sectarian religious intrusions into public schools, including:

(a) the ‘Choice of Life’ program used to indoctrinate students as young as eleven against the rights of a woman to terminate a pregnancy,

(b) Hillsong’s ‘Shine’ program used to evangelise students who chose not to attend religious education, and

(c) “Exoday” lunchtime concerts and barbecues which are being used by Hillsong and similar churches to recruit members in public schools.

2. That this House calls on the Minister for Education and Training to enforce the spirit and letter of section 30 of the Education Act 1990 that requires that education is to be strictly non- sectarian and secular.

(Notice given 23 September 2008)

133. Dr Kaye to move—

1. That this House notes:

(a) that the October Council of Australian Governments (COAG) meeting is scheduled to discuss harmonisation of state solar feed-in tariffs, and

3328 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(b) that feed-in tariffs have been used to successfully stimulate the growth of the renewable energy industry in Germany and have been adopted or are scheduled to be adopted in a number of Australian states.

2. That this House calls on Premier Nathan Rees to consider the following key desirable attributes of feed-in tariff regime:

(a) feed-in tariffs are paid for a 20 year life span to provide financial security to investors and ensure payback of initial costs,

(b) the tariff premium is set to a level that the payback period on the investment is no more than seven years,

(c) the premium is paid for all electricity generated by the solar panels regardless of customer consumption levels (“gross metering”) to provide a degree of certainty for the return on investment,

(d) eligibility is extended to households, small businesses, and non-profit, local government and community organisations, and

(e) no-interest loans are available to low-income households to enable them to participate in the scheme.

(Notice given 23 September 2008)

134. Dr Kaye to move—

1. That this House notes:

(a) mounting evidence that junk food advertising on television plays a significant role in accelerating childhood obesity,

(b) calls by medical, consumer and parent groups for a ban on junk food advertising on television in peak viewing times for children,

(d) the announcement by Queensland Premier Anna Bligh of plans to ban junk food advertising on television in peak viewing times for children, and

(e) the legal advice Ms Bligh relied on to indicate that state governments have the power to instigate such bans in the absence of action by the Federal Government.

2. That this House calls on the Premier to follow the lead of the Queensland Government in moving to ban junk food advertising on television in peak viewing times for children.

(Notice given 23 September 2008)

135. Mr Cohen to move—

1. That this House notes:

(a) that mercury and its compounds are highly toxic to ecosystems, wildlife populations and humans, especially to the developing nervous system,

(b) that during five years of the life of a compact fluorescent lightbulb (CFL) the electricity generated to power it will have led to smokestack emissions into the atmosphere of 3329 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

2.4mg of mercury whereas over the same five year period the electricity consumed by incandescent bulbs will result in 10mg of mercury emissions,

(c) that the New South Wales Greenhouse Gas Reduction Scheme (GGAS) has seen the distribution of 23 million CFLs under the scheme as of July 2008 and that the NSW Energy Efficiency Trading Scheme (“NEET Scheme”) is likely to ensure New South Wales households and businesses continue to install and use CFLs,

(d) that 4mg of mercury contained in your average CFL can pollute 30,000L of water and vapours from the mercury in landfill released into the air causes wind and air pollution,

(e) that an estimated 99% of 50 – 70 million fluorescent tubes and bulbs consumed annually are currently being landfilled,

(f) that the United Nations Environmental Program (UNEP) Governing Council has established an ad hoc open-ended mercury working group to review and assess options for enhanced voluntary measures and new or existing legal instruments to reduce mercury risks,

(g) that with the Federal Department of the Environment, Water, Heritage and the Arts as the lead agency, the Environmental Protection Heritage Council (EPHC) is currently investigating the end-of-life management (disposal methods) of CFLs to identify the nature and extent of problems associated with landfill disposal of them,

(h) that lighting products were listed as a waste of concern in the 2004 New South Wales Extended Producer Responsibility (EPR) Priority Statements, fluorescent tubes were listed in the 2005-06 New South Wales EPR Priority Statement, but CFLs and fluorescent lightbulbs were not listed in the New South Wales Extended Producer Responsibility Priority Statement 2007 as wastes of concern or a priority waste, and

(i) that despite the exponential growth of mercury containing fluorescent tubes and CFLs, there is still no industry scheme for recovery.

2. That this House calls on the Minister for Environment and Climate Change:

(a) to release the EPHC report on end-of-life management for CFLs,

(b) to publicly consult on the terms of reference required for a rigorous and independent economic analysis of an EPR scheme for CFL and fluorescent lightbulbs,

(c) to, on the basis of such consultation, commission an economic analysis of an EPR Scheme for CFL and fluorescent lightbulbs, and

(d) if the economic analysis endorses the need for an EPR Scheme for CFL and fluorescent lightbulbs, implement a regulation based EPR Scheme for CFL and fluorescent lightbulbs in New South Wales.

(Notice given 24 September 2008)

136. Ms Rhiannon to move—

1. That this House notes:

(a) the recent resignation of the New South Wales’ Premier, Deputy Premier and other Ministers has again raised public concern about how members of Parliament manage their post-parliamentary employment,

(b) that the current model for regulating post-parliamentary employment, focused around a Parliamentary Ethics Adviser, fails to incorporate recommendations 9 and 10 of the 2004 3330 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

Independent Commission Against Corruption report on its investigation into the conduct of the Honourable Richard Face MP, in particular the inclusion of a cooling off period and enforcement mechanisms, and

(c) that 102 members of Parliament in the Legislative Assembly and Legislative Council are entitled to receive a parliamentary superannuation payment of between $52,000 and $160,000 per annum tax free, a payout that is approximately seven times that received by the majority of workers, and for many of those MPs this payout may be in addition to any salary from their post-parliamentary employment.

2. That this House calls on the Government to enact legislation to provide for post-separation employment practices of Ministers and former Ministers in accordance with recommendations 9 and 10 of the 2004 Independent Commission Against Corruption report on its investigation into the conduct of the Honourable Richard Face.

3. That the Privileges Committee inquire into and report on whether members of Parliament who qualify for the more generous superannuation benefit scheme should have their payments limited on taking up post-parliamentary employment.

4. That the Clerk of the Parliaments be authorised to place the pecuniary interest register on the Parliament’s internet site.

(Notice given 24 September 2008)

137. Ms Rhiannon to move—

1. That this House notes:

(a) the Duralie Coal Mine, south of Gloucester, has applied to the Department of Environment and Climate Change (DECC) to vary its conditions of consent to allow it to dispose of mine water into Mammy Johnsons River, which flows into the Karuah River which in turn flows on to Port Stephens,

(b) that when the Duralie Coal Mine extension was approved in 2006 almost 100 conditions of consent were imposed by the Department of Planning, including “The applicant shall not discharge any mine water from the site”,

(c) that the original Duralie Coal Mine consent stated that “There shall be no direct discharge of dirty water … from the mine to Mammy Johnsons River”,

(d) that the Duralie mine Statement of Environmental Effects dated March 2006 based its request for a section 96 (2) modification on continuing the containment of mine water from entry to Mammy Johnsons River,

(e) that the Department of Planning’s Assessment Report to the Minister in July 2006 justified the use of a Section 96 (2) modification on “No discharge of mine water” and that the condition was “Unchanged”, and

(f) that the former Planning Minister Frank Sartor in announcing the $11million extension to the Duralie Coal Mine on 31 July 2006 stated that he had insisted on a number of environmental measures to “protect Mammy Johnsons River” and stated that “The proponent will be required to continue the use of a strictly controlled irrigation scheme to dispose of mine water, preventing any discharge to local waterways.”

2. That this House calls on:

(a) the Minister for Planning to reject the application from the Duralie Coal Mine to vary its conditions of consent and discharge water into the Mammy Johnsons River,

3331 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(b) the Minister for Planning to guarantee that Duralie Coal will never be granted permission to discharge water into the Mammy Johnsons River, and

(c) DECC to strictly enforce the current consent conditions under which the Duralie Coal Mine operates to ensure that no mine water is released from the site.

(Notice given 24 September 2008)

138. Ms Rhiannon to move—

1. That this House notes:

(a) the economy of South East New South Wales has changed from one dominated by the primary industries of dairy, forestry and fishing to one that is much more diverse with substantial growth in tourism, retailing, manufacturing, retirement and service industries and, increasingly, small-scale and organic farming,

(b) that as woodchipping has increasingly dominated the forestry sector, overall forestry related jobs have decreased,

(c) that former Premier Bob Carr and leading conservationists have written to Prime Minister Kevin Rudd, Climate Change Minister Penny Wong, Environment Minister Peter Garrett, and Forestry Minister Tony Burke calling for a change in forest policy in order to cut greenhouse gas emissions, (d) that Mr Carr's letter draws on research undertaken by Professor Mackey at the Australian National University that reveals that if native forest logging and land clearing of eastern Australia including Tasmania were stopped the increased uptake of carbon would be the same as 24 percent of current greenhouse gas emissions each year for the next 100 years,

(e) that Professor Mackey’s research also has found that Australia's eucalypt forests could hold about three times more carbon than previously thought, and that the best greenhouse policy impact is obtained by leaving unlogged native forest undisturbed and the next best policy is to allow previously disturbed forests to regrow to their full carbon carrying capacity,

(f) that Professor Mackey’s research has been supported by similar findings for northern hemisphere forests,

(g) that employment demand in the forestry industry exceeds the supply of qualified and interested workers, and

(h) that research undertaken by Dr Judith Ajani at the Australian National University has found that supplies of plantation timber are now at a sufficient level to allow a huge scaling back of native forest logging while still producing enough hardwood and softwood for domestic use and export.

2. This House calls on the Government to:

(a) end wood chipping in South East New South Wales native forests,

(b) not allow the owners of the Eden Chipmill, South East Fibre Exports Pty Ltd (SEFE), to establish a biomass energy plant based on native forest wood to power the chipmill and feed surplus electricity into the grid, and

(c) prepare a restructuring and training package for the Chipmill workers and management so that the plant is completely closed by the end of 2008 unless it can make a full transition to plantation resource.

(Notice given 24 September 2008) 3332 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

139. Mr Lynn to move—

That this House:

(a) acknowledges that the use of the M5 East Tunnel is a health hazard for motorcyclists,

(b) acknowledges that motorcyclists can be trapped in the tunnel in the event of a traffic delay caused by the regular breakdown of computer systems,

(c) recommends that health warning signs be erected at both entrances to the M5 East Tunnel to warn motorcyclists not to enter the tunnel during peak periods because of the amount of deadly toxins in the tunnel during these periods,

(d) calls on the Government to acknowledge the daily gridlock on Camden Valley Way, Narellan Road, the M5 Motorway and the M5 East Tunnel,

(e) calls on the Government to introduce measures to encourage commuters to ride motorcycles and scooters by reducing all tolls by 50 percent for such vehicles.

(Notice given 25 September 2008)

140. Mr Harwin to move—

That this House:

(a) recognises that this year marks the 60th anniversary of the commissioning of HMAS Albatross at Nowra and the Royal Australian Navy Fleet Air Arm,

(b) recognises the important role that HMAS Albatross plays in supporting the navy’s four Air Squadrons and the Navy Aviation Force Element Group,

(c) congratulates the officers, sailors and personnel of HMAS Albatross, both past and present, on the excellent service they have given over the past six decades,

(d) pays tribute to those personnel from HMAS Albatross that are currently performing peacekeeping, humanitarian and active duty roles, particularly in Operation Catalyst in Iraq, and

(e) recognises the role that crews from HMAS Albatross play in police searches and major bushfire responses in the Shoalhaven, and their many other contributions to the local community.

(Notice given 21 October 2008)

141. Ms Sharpe to move—

That this House:

(a) congratulates the Department of Education and Training, and the Office for Science and Medical Research on the annual Science EXPOsed event being held on 23 and 24 October 2008 at this Parliament, the Mint and Hyde Park Barracks,

(b) notes the importance of this free event for New South Wales school students to explore the latest in science and technology and careers in science,

3333 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

(d) thanks the participants from the CSIRO, Questacon and other agencies who are participating in this event for the benefit of the students of this State.

(Notice given 21 October 2008)

142. Mr Veitch to move—

That this House:

(a) acknowledges the significant contribution that foster carers make to the lives of vulnerable children in New South Wales,

(b) acknowledges the significant personal sacrifice foster carers make when accepting children into their homes, and

(c) welcomes the significant increase in funding to support the role foster carers play in the New South Wales child protection framework.

(Notice given 21 October 2008)

143. Mr Veitch to move—

That this House:

(a) acknowledges the contribution agricultural shows and town festivals make to the economy and social fabric of rural communities,

(b) extends its appreciation to the numerous volunteers who work tirelessly to ensure agricultural shows and local festivals are a success, and

(c) congratulates the organising committees for their ongoing contribution and enthusiasm in developing the range of activities and events during their respective agricultural show or town festival.

(Notice given 21 October 2008)

144. Ms Fazio to move—

That this House notes that the failure of The Nationals to win back the seat of Port Macquarie demonstrates that they are a spent political force in New South Wales.

(Notice given 21 October 2008)

* Council Bill

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3334 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

BUSINESS FOR FUTURE CONSIDERATION

PRIVATE MEMBERS’ BUSINESS

ITEMS IN THE ORDER OF PRECEDENCE

5 SITTING DAYS FROM 25 SEPTEMBER 2008

*4. Peak Oil Response Plan Bill 2008—resumption of the adjourned debate (25 September 2008) of the question on the motion of Ms Rhiannon: That this bill be now read a second time—Mr Colless speaking. (11 minutes)

______

THURSDAY 30 OCTOBER 2008

*2. Waste Avoidance and Resource Recovery (Container Recovery) Bill 2008—resumption of the adjourned debate (25 September 2008) of the question on the motion of Mr Cohen: That this bill be now read a second time—Mr Harwin speaking. (18 minutes)

______

TUESDAY 2 DECEMBER 2008

BUSINESS OF THE HOUSE—NOTICES OF MOTIONS

1. Mr Gay to move—

That, under section 41 (1) of the Interpretation Act 1987, this House disallows the Marine Parks Amendment (Batemans) Regulation 2007, published in the Government Gazette No. 36, dated 2 March 2007, page 1418 and tabled in this House on 9 May 2007.

(Notice given 29 May 2007)

2. Mr Gay to move—

That, under section 41 (1) of the Interpretation Act 1987, this House disallows the Marine Parks Amendment (Port Stephens-Great Lakes) Regulation 2007, published in the Government Gazette No. 36, dated 2 March 2007, page 1334 and tabled in this House on 9 May 2007.

(Notice given 29 May 2007)

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3335 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

BILLS REFERRED TO SELECT OR STANDING COMMITTEES

*1. Environmental Planning and Assessment Amendment (Restoration of Community Participation) Bill 2008

Referred to Select Committee on Electoral and Political Party Funding on 15 May 2008 for inquiry and report.

* Council Bill

______

CONTINGENT NOTICES OF MOTIONS

Note: Contingent notices of motion are listed in full on the Notice Paper for the first sitting day of each week. On other days only new contingent notices will be published in the Notice Paper.

PASSING OF BILLS THROUGH ALL STAGES

10. Contingent on any of the undermentioned bills being presented by the Legislative Assembly to the Legislative Council for its concurrence and having been read by the Council for the first time: 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:

Renewable Energy (New South Wales) Bill

(Notice given 11.14 am, 28 June 2007)

Workers Compensation Legislation Amendment (Benefits) Bill

(Notice given 11.07 am, 28 November 2007)

Community Infrastructure (Intergenerational) Fund Bill Electricity Industry Restructuring Bill

(Notice given 2.39 pm, 3 June 2008)

Contaminated Land Management Amendment Bill

(Notice given 11.06 am, 26 June 2008)

Ports and Maritime Administration Amendment (Port Competition and Co-ordination) Bill Rail Safety Bill Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill

(Notice given 11.08 am, 24 September 2008)

Adoption Amendment Bill Public Health (Tobacco) Bill

(Notice given 11.06 am, 25 September 2008)

______3336 Legislative Council Notice Paper No. 68—Wednesday 22 October 2008

BILLS DISCHARGED, LAID ASIDE, NEGATIVED OR WITHDRAWN

§ Climate Futures Bill 2007 Second reading negatived, 26 February 2008

§ Administrative Decisions Tribunal Amendment (Confidential Documents) Bill 2007 Third reading negatived, 27 February 2008

§ Crimes Amendment (Murder of Police Officers) Bill 2007 Second reading negatived, 27 February 2008

Electricity Industry Restructuring Bill 2008 (No 2) Electricity Industry Restructuring (Response to Auditor-General Report) Bill 2008 Order discharged and bills withdrawn, 23 September 2008

§ Private Members’ Public Bill

Lynn Lovelock Clerk of the Parliaments

Authorised by the Parliament of New South Wales