Legislative Council

15244 LEGISLATIVE COUNCIL Tuesday 26 June 2001 ______ The President (The Hon. Dr Meredith Burgmann) took the chair at 2.30 p.m. The President offered the Prayers. The PRESIDENT: I acknowledge that we are meeting on Eora land. WORKERS COMPENSATION LEGISLATION AMENDMENT BILL (No 2) HEALTH CARE LIABILITY BILL WESTERN SYDNEY REGIONAL PARK (REVOCATION FOR WESTERN SYDNEY ORBITAL) BILL FREIGHT RAIL CORPORATION (SALE) BILL CHILD PROTECTION (OFFENDERS REGISTRATION) AMENDMENT BILL PHYSIOTHERAPISTS BILL INDUSTRIAL RELATIONS AMENDMENT (CASUAL EMPLOYEES PARENTAL LEAVE) BILL HERITAGE AMENDMENT BILL LOCAL GOVERNMENT AND ENVIRONMENTAL PLANNING AND ASSESSMENT AMENDMENT (TRANSFER OF FUNCTIONS) BILL CORPORATIONS (ANCILLARY PROVISIONS) BILL CORPORATIONS (CONSEQUENTIAL AMENDMENTS) BILL CORPORATIONS (ADMINISTRATIVE ACTIONS) BILL AGRICULTURAL AND VETERINARY CHEMICALS (NEW SOUTH WALES) AMENDMENT BILL CO-OPERATIVE SCHEMES (ADMINISTRATIVE ACTIONS) BILL Bills received. Leave granted for procedural matters to be dealt with on one motion without formality. Motion by the Hon. M. R. Egan agreed to: That these bills be read a first time and printed, standing orders be suspended on contingent notice for remaining stages and the second reading of the bills stand as orders of the day for a later hour of the sitting. Bills read a first time. BILL RETURNED The following bill was returned from the Legislative Assembly without amendment: Long Service Leave Legislation Amendment Bill 26 June 2001 LEGISLATIVE COUNCIL 15245 STANDING COMMITTEE ON PARLIAMENTARY PRIVILEGE AND ETHICS Membership The PRESIDENT: According to resolution of the House of 25 May 1999 I inform the House that on 21 June 2001 the Leader of the Opposition nominated the Hon. Patricia Forsythe as Deputy Chair of the Standing Committee on Parliamentary Privilege and Ethics. TABLING OF PAPERS The Hon. Carmel Tebbutt tabled the following reports: State Owned Corporations Act 1989—Reports for the six months ended 31 December 2000: Newcastle Port Corporation Port Kembla Port Corporation Sydney Ports Corporation Ordered to be printed. PETITIONS Cannabis Sniffer Dogs Petition praying that the Minister for Police intervene to prevent the use of cannabis sniffer dogs in the Northern Rivers area, received from the Hon. Richard Jones. Woy Woy Policing Petition expressing concern about the proposed loss of general duties police officers from Woy Woy Police Station and praying that the House seeks the assistance of the Minister for Police to reinstate those police officers, received from the Hon. Michael Gallacher. Wildlife as Pets Petition praying that the House rejects any proposal to legalise the keeping of native wildlife as pets, received from the Hon. Richard Jones. Podiatrists Act Review Petition praying that the House includes a definition of "podiatrist" in the review of the Podiatrists Act 1989 and includes restrictions to practice so that quality of care and the safety of the public are maintained, received from the Hon. Greg Pearce. Council Pounds Animal Protection Petition praying that the House introduce legislation to ensure that high standards of care are provided for all animals held in council pounds, received from the Hon. Richard Jones. REGULATION REVIEW COMMITTEE Report The Hon. Janelle Saffin, on behalf of the Chairman, tabled report No. 15/52 entitled "Report on the Harness Racing New South Wales (Appeals) Regulation 1999", dated June 2001. Ordered to be printed. The Hon. JANELLE SAFFIN [2.42 p.m.], by leave: This report is a product of a recently completed review by the Regulation Review Committee of the New South Wales Harness Racing Appeal Regulations. The review was conducted because the regulations had sunsetted, and they had been remade under the Subordinate 15246 LEGISLATIVE COUNCIL 26 June 2001 Legislation Act. The committee conducted these reviews as part of its functions under the Regulation Review Act to report from time to time on the progress of the staged repeal provisions. These reviews are invariably productive because they disclose the strengths and weaknesses of particular regulatory controls. I had the pleasure of chairing the review, and I would again like to thank the Minister for Gaming and Racing, his staff and the staff of Harness Racing New South Wales for their complete support, and productive evidence and submissions. I would also like to thank the President of the Australian Harness Racing Council for giving evidence that assisted the inquiry. We had many useful submissions from the harness racing industry, and we took evidence from interested parties over two days. We also carried out a site inspection at the Australian Racing Forensic Laboratory at Randwick. I would like to thank all its expert staff who took time to explain the drug testing procedures to committee members. The committee's inquiry shows a need for some changes to the supporting rules and regulations of harness racing. The review disclosed a major inconsistency in the Harness Racing Act, one provision of which appears to prohibit exercise of the rule-making power and puts in doubt the legal effect of existing rules. I understand that the committee's concern is supported by recent advice from the Crown Solicitor to the Department of Racing, and the committee's recommendations address this issue. The committee also recommended that, in common with many other regulations and codes that are part of a national scheme, the Parliament be permitted to disallow harness racing rules. Lack of parliamentary oversight is a weakness in the current scheme. Australian Harness Racing Rule 190 makes the trainer liable if a horse is presented for a race with more than a prescribed level of a prohibited substance. This applies regardless of the circumstances, except if there was a major flaw in the testing procedures. Evidence to the committee revealed that there is strong industry grievance about this rule, and the complaint generally is that it denies the trainer the right to prove that he or she is innocent of any intent or negligent behaviour. Justification for the rule is put down to the need to promote drug-free racing. A different situation operates under the thoroughbred rules of racing and under the Australian greyhound rules. Under these rules a person is not guilty of an offence if he or she is able to satisfy the stewards that he or she took proper precautions to prevent the administration of the prohibited substance. The report recommends a change in the interests of natural justice. At present the harness racing rules prohibit representation at stewards inquiries without the authority of the stewards—and this is permitted in exceptional circumstances only. The issue at stake is whether this situation provides an adequate balance between the need to expedite the stewards inquiry and the rights of a person to get proper representation to protect his or her livelihood. The current balance seems to favour the expedition of the inquiry. The most recent bodies set up, such as the Court of Arbitration for Sport, which regulate disputes and infringements during Olympic events, allow a person assistance or representation by persons of his or her choice, including legal representation. The recommendation is for a review in light of the practices in other jurisdictions. The committee recommends that Harness Racing New South Wales review the rules with a view to meeting the concerns expressed by Mr Justice Young in Gleeson v Harness Racing Authority of New South Wales that it was unsatisfactory that rules were made to give the same people the power to both adjudicate and investigate. The committee recommends that the person performing the role of adjudicator be legally qualified and at arm's length from the panel of stewards. The committee's report appropriately recognises the impressive changes that have been made in recent years in the administration of harness racing, and in placing greater responsibility in the hands of the industry. I thank members of the committee, particularly my colleagues the Hon. Don Harwin and the Hon. Malcolm Jones. I commend the report. HOME BUILDING LEGISLATION AMENDMENT BILL Second Reading The Hon. EDDIE OBEID (Minister for Mineral Resources, and Minister for Fisheries) [2.48 p.m.]: I move: That this bill be now read a second time. I seek leave to have the second reading speech incorporated in Hansard. Leave granted. 26 June 2001 LEGISLATIVE COUNCIL 15247 I am extremely pleased to be able to introduce this important consumer protection legislation into the House today. It is the culmination of more than 18 months of work to improve the regulation of home building in NSW. Over the first 12 months, specific problems were identified and a range of proposals were put together. We talked to everyone from home owners, to builders to building industry associations to insurers. Then, at the end of last year, I released a draft set of reforms to promote further consultation and discussion. In March, I released a draft Bill based on those reforms. And, I'm delighted to say that the Bill I introduce today has been modified and improved as a result of this exhaustive process. This has been a mammoth task and, I'd like to start this speech—rather than finish it—by expressing my profound thanks to all of those people and organisations who have participated to date. In this regard, I'd like to acknowledge the outstanding assistance from: The Housing Industry Association, the Master Builders Association, the Master Painters Association, the Master Plumbers and Electrical Contractors Association, the National Electrical and Communications Association, the Swimming Pool and Spa Association, the Landscape Contractors Association and the Building Industry Skills Centre. I'd also like to thank all the Members of the Home Building Advisory Council who have actively and enthusiastically participated in the debates which have helped shape this Bill. The Council includes everyone from small business people to unions. It is more than ably chaired by Mr Phil Marchionni—whom I'd like to specially thank.

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