1
LEGISLATIVE ASSEMBLY
2011
FIRST SESSION OF THE FIFTY-FIFTH PARLIAMENT
______
VOTES AND PROCEEDINGS
No. 1
TUESDAY 3 MAY 2011
______
1 OPENING OF THE SESSION
The House met at 10.00 am, pursuant to a Proclamation of the Administrator, dated 29 April 2011, which was read by the Clerk of the Legislative Assembly, as follows:
PROCLAMATION
NEW SOUTH WALES By the Honourable Justice Margaret Beazley, TO WIT Officer of the Order of Australia, Administrator of the State of New South Wales, MARGARET BEAZLEY in the Commonwealth of Australia. Administrator
WHEREAS the Legislative Council now stands prorogued to Tuesday, 10 May 2011; Now I, in pursuance of the power and authority vested in me by the Constitution Act 1902, hereby proclaim that the said Legislative Council and also the Legislative Assembly shall assemble for the despatch of business on 3 May 2011, at 10:00 o’clock in the morning, in the premises known as Parliament House, Macquarie Street, Sydney: and the Members of the Legislative Council and the Legislative Assembly are hereby required to attend at that time and place.
GIVEN under my hand and Seal, at Sydney, this twenty ninth day of April 2011.
By the Administrator’s Command, BARRY O’FARRELL, Premier GOD SAVE THE QUEEN! 2 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
2 WRITS OF ELECTION
The Clerk announced that he had received through the Honourable the Premier, and Minister for Western Sydney, a list, without omission, certified by Her Excellency the Governor, of the names of the persons duly elected to serve in the Legislative Assembly of New South Wales at the General Election of the members held on 26 March 2011, and further certifying that the ninety three Writs of Election were duly returned before the day on which they were legally returnable. The Clerk placed the list on the Table of the House.
Electoral District Name of Member Returned
Albury...... Gregory John Aplin Auburn ...... Barbara Mazzel Perry Ballina ...... Donald Loftus Page Balmain ...... Jamie Thomas Parker Bankstown ...... Tania Mihailuk Barwon ...... Kevin John Humphries Bathurst ...... Paul Lawrence Toole Baulkham Hills ...... David Andrew Elliott Bega ...... Andrew James Constance Blacktown ...... John Cameron Robertson Blue Mountains ...... Roza Eva Maria Sage Burrinjuck ...... Katrina Ann Hodgkinson Cabramatta ...... Nickola Lalich Camden...... Christopher Stewart Patterson Campbelltown ...... Bryan Michael Doyle Canterbury ...... Linda Jean Burney Castle Hill ...... Dominic Francis Perrottet Cessnock ...... Clayton Gordon Barr Charlestown ...... Andrew Stuart Cornwell Clarence ...... Stephen Rhett Cansdell Coffs Harbour ...... Andrew Raymond Gordon Fraser Coogee ...... Bruce Neville Notley-Smith Cronulla ...... Mark Raymond Speakman Davidson ...... Jonathan Richard O’Dea Drummoyne ...... Anthony John Sidoti Dubbo ...... Troy Wayne Grant East Hills ...... Glenn Edward Brookes Epping ...... Gregory Eugene Smith Fairfield ...... Gaetano Zangari Gosford ...... Christopher David Holstein Goulburn ...... Prudence Jane Goward Granville ...... Antoine Issa Hawkesbury ...... Raymond Craig Williams Heathcote ...... Lee Justin Evans Heffron ...... Kristina Kerscher Keneally Hornsby ...... Matthew John Kean Keira ...... Ryan John Park Kiama ...... Gareth James Ward Kogarah ...... Cherie Ann Burton Ku-ring-gai ...... Barry Robert O’Farrell Lake Macquarie ...... Gregory Michael Piper Lakemba ...... Robert Anthony Furolo Lane Cove ...... Anthony John Roberts Lismore...... Thomas George Liverpool ...... Paul Gerard Lynch Londonderry ...... Bart Edward Bassett 3 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
Macquarie Fields ...... Andrew Dominic McDonald Maitland ...... Robyn Mary Parker Manly ...... Michael Bruce Baird Maroubra ...... Michael John Daley Marrickville ...... Carmel Mary Tebbutt Menai ...... Melanie Rhonda Gibbons Miranda ...... Graham Annesley Monaro ...... Giovanni Domenic Barilaro Mount Druitt ...... Richard Sanderson Amery Mulgoa ...... Tanya Davies Murray-Darling ...... John Douglas Williams Murrumbidgee ...... Adrian Piccoli Myall Lakes ...... Stephen Bruce Bromhead Newcastle ...... Timothy Francis Owen North Shore ...... Jillian Gell Skinner Northern Tablelands ...... George Richard Torbay Oatley ...... Mark Joseph Coure Orange ...... Andrew Robert Gee Oxley ...... Andrew John Stoner Parramatta ...... Geoffrey Lee Penrith ...... Stuart Laurence Ayres Pittwater ...... Robert Gordon Stokes Port Macquarie ...... Leslie Gladys Williams Port Stephens ...... Craig Asbjorn Baumann Riverstone ...... Kevin Francis Conolly Rockdale ...... John Frederick Flowers Ryde ...... Victor Michael Dominello Shellharbour ...... Anna Watson Smithfield ...... Andrew Baijan Rohan South Coast ...... Shelley Elizabeth Hancock Strathfield ...... Charles Casuscelli Swansea ...... Garry Keith Edwards Sydney ...... Clover Moore Tamworth ...... Kevin John Anderson Terrigal ...... Christopher Peter Hartcher The Entrance ...... Christopher Edward Spence Toongabbie ...... Nathan Rees Tweed ...... Geoffrey Keith Provest Upper Hunter ...... George Souris Vaucluse ...... Gabrielle Cecelia Upton Wagga Wagga ...... Daryl William Maguire Wakehurst ...... Bradley Ronald Hazzard Wallsend ...... Sonia Kathleen Hornery Willoughby ...... Gladys Berejiklian Wollondilly ...... Jai Travers Rowell Wollongong ...... Noreen Hay Wyong ...... Darren James Webber.
3 MESSAGE FROM THE COMMISSIONERS
The Usher of the Black Rod was admitted and delivered the following message:
“Honourable Members—
The Commissioners request the immediate attendance of this House in the Legislative Council Chamber, to hear the Commission for the Opening of Parliament read”.
4 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
The House went and being returned—
4 COMMISSION TO ADMINISTER THE PLEDGE OF LOYALTY
The Clerk informed the House that he had received a Commission, through the office of the Premier, as follows:
By the Honourable Justice Margaret Beazley, Officer of the Order of Australia, Administrator of the State of New South Wales, in the Commonwealth of Australia.
Greeting:
Pursuant to the power and authority vested in me by the Constitution Act 1902, I, the Honourable Justice Margaret Beazley, AO, Administrator of the State of New South Wales, hereby authorise the Honourable Barry Robert O’Farrell MP, the Honourable Andrew John Stoner MP, and the Honourable Bradley Ronald Hazzard MP, or any one or more of them, as persons before whom the Pledge of Loyalty, required by law to be taken by every Member of the Legislative Assembly before that Member shall be permitted to sit or vote in the said Legislative Assembly, may be taken.
Given under my Hand and the Public Seal of the State, this twenty ninth day of April 2011.
L.S. By the Administrator’s Command
BARRY O’FARRELL MARGARET BEAZLEY Premier Administrator.
5 PLEDGE OF LOYALTY
The Honourable Barry Robert O’Farrell took the pledge of loyalty and then administered the taking of the pledge of loyalty by the two other Commissioners. The Commissioners signed the Roll of the House. The Commissioners then administered the taking of the pledge of loyalty by all other members present with the Clerk producing each Writ returning them. The following members then signed the Roll of the House:
Richard Sanderson Amery Bryan Michael Doyle Kevin John Anderson Garry Keith Edwards Graham Annesley David Andrew Elliott Gregory John Aplin Lee Justin Evans Stuart Laurence Ayres John Frederick Flowers Michael Bruce Baird Andrew Raymond Gordon Fraser Giovanni Domenic Barilaro Robert Anthony Furolo Clayton Gordon Barr Andrew Robert Gee Bart Edward Bassett Thomas George Craig Asbjorn Baumann Melanie Rhonda Gibbons Gladys Berejiklian Prudence Jane Goward Stephen Bruce Bromhead Troy Wayne Grant Glenn Edward Brookes Shelley Elizabeth Hancock Linda Jean Burney Christopher Peter Hartcher Cherie Ann Burton Noreen Hay Stephen Rhett Cansdell Bradley Ronald Hazzard Charles Casuscelli Katrina Ann Hodgkinson Kevin Francis Conolly Christopher David Holstein Andrew James Constance Sonia Kathleen Hornery Andrew Stuart Cornwell Kevin John Humphries Mark Joseph Coure Antoine Issa Michael John Daley Matthew John Kean Tanya Davies Kristina Kerscher Keneally Victor Michael Dominello Nickola Lalich 5 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
Geoffrey Lee Andrew Baijan Rohan Paul Gerard Lynch Jai Travers Rowell Daryl William Maguire Roza Eva Maria Sage Andrew Dominic McDonald Anthony John Sidoti Tania Mihailuk Jillian Gell Skinner Clover Moore Gregory Eugene Smith Bruce Neville Notley-Smith George Souris Jonathan Richard O'Dea Mark Raymond Speakman Barry Robert O'Farrell Christopher Edward Spence Timothy Francis Owen Robert Gordon Stokes Donald Loftus Page Andrew John Stoner Ryan John Park Carmel Mary Tebbutt Jamie Thomas Parker Paul Lawrence Toole Robyn Mary Parker George Richard Torbay Christopher Stewart Patterson Gabrielle Cecelia Upton Dominic Francis Perrottet Gareth James Ward Barbara Mazzel Perry Anna Watson Adrian Piccoli Darren James Webber Gregory Michael Piper John Douglas Williams Geoffrey Keith Provest Leslie Gladys Williams Nathan Rees Raymond Craig Williams Anthony John Roberts Gaetano Zangari. John Cameron Robertson
6 ELECTION OF SPEAKER
The Clerk, in accordance with the provisions of section 31B of the Constitution Act and standing order 10, called for nominations for the office of Speaker of the Legislative Assembly.
There being only one valid nomination received, the Clerk declared Shelley Elizabeth Hancock, member for South Coast, to be elected as Speaker.
Mrs Shelley Hancock was conducted to the Chair, where standing on the upper step, she returned her acknowledgements to the House for the honour that had been bestowed upon her.
The Speaker then took the Chair.
Mr Barry O’Farrell, Mr John Robertson and Mr Andrew Stoner congratulated the Speaker.
Mr Barry O’Farrell informed the House that the Governor would receive the Speaker in the Jubilee Room at Parliament House at 12.20 pm today for the purpose of presenting its Speaker.
7 ELECTION OF DEPUTY SPEAKER
Mr Andrew Stoner moved, That Thomas George be appointed Deputy Speaker.
Mr Barry O’Farrell seconded the motion.
Question put and passed.
8 ELECTION OF ASSISTANT SPEAKER
Mr Andrew Stoner moved, That Andrew Raymond Gordon Fraser be appointed Assistant Speaker.
Mr Barry O’Farrell seconded the motion.
Question put and passed. 6 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
9 LAW OF EVIDENCE BILL
Mr Barry O’Farrell presented “A bill to amend the law of evidence”, and moved pro formâ, That this bill be now introduced.
Question put and passed.
10 MESSAGE FROM THE COMMISSIONERS
The Speaker reported that the House had this day attended the Commissioners in the Legislative Council Chamber where the Honourable Michael Gallacher MLC, on behalf of the Commissioners, had delivered the following Message:
“HONOURABLE MEMBERS OF THE LEGISLATIVE COUNCIL AND MEMBERS OF THE LEGISLATIVE ASSEMBLY—
We have it in command from the Administrator, on behalf of Her Excellency the Governor, to acquaint you that the Governor desires that you take into your earnest consideration such matters as may be submitted to you.
Members of the Legislative Assembly—
It being necessary that a Speaker of the Legislative Assembly be first chosen, it is the Governor’s pleasure that you, Members of the Legislative Assembly, return to your Chamber, and there, after Members have taken the Pledge of Loyalty, proceed to the election of one of your number to be your Speaker.
We are further commanded to acquaint you that the Governor desires that measures be taken by you, as may be deemed expedient, to provide for the peace, welfare and good government of the State.”
11 MINISTERIAL ANNOUNCEMENTS
(1) Mr Barry O’Farrell informed the House that on 28 March 2011, the Honourable Kristina Kerscher Keneally submitted her resignation as Premier to Her Excellency the Governor. Her Excellency then commissioned him to form a new Ministry. On the same day he was sworn as a member of the Executive Council and as Premier, and Andrew John Stoner was sworn as a member of the Executive Council and as Deputy Premier.
On 3 April 2011 he was also sworn as Minister for Western Sydney and 21 other members were appointed by His Excellency the Lieutenant-Governor as members of the Executive Council and/or to the offices indicated:
The Honourable Andrew John Stoner MP Minister for Trade and Investment, and Minister for Regional Infrastructure and Services
The Honourable Jillian Gell Skinner MP Minister for Health, and Minister for Medical Research
The Honourable Adrian Piccoli MP Minister for Education
The Honourable Michael Joseph Gallacher MLC Minister for Police and Emergency Services, Minister for the Hunter, and Vice-President of the Executive Council
The Honourable Duncan John Gay, MLC Minister for Roads and Ports 7 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
The Honourable Bradley Ronald Hazzard MP Minister for Planning and Infrastructure, and Minister Assisting the Premier on Infrastructure NSW
The Honourable Christopher Peter Hartcher MP Minister for Resources and Energy, Special Minister of State, and Minister for the Central Coast
The Honourable Gladys Berejiklian MP Minister for Transport
The Honourable George Souris MP Minister for Tourism, Major Events, Hospitality and Racing, and Minister for the Arts
The Honourable Michael Bruce Baird MP Treasurer
The Honourable Gregory Stephen Pearce MLC Minister for Finance and Services, and Minister for the Illawarra
The Honourable Katrina Ann Hodgkinson MP Minister for Primary Industries, and Minister for Small Business
The Honourable Andrew James Constance MP Minister for Ageing, and Minister for Disability Services
The Honourable Gregory Eugene Smith MP Attorney General, and Minister for Justice
The Honourable Donald Loftus Page MP Minister for Local Government, and Minister for the North Coast
The Honourable Prudence Jane Goward MP Minister for Family and Community Services, and Minister for Women
The Honourable Anthony John Roberts MP Minister for Fair Trading
The Honourable Kevin John Humphries MP Minister for Mental Health, Minister for Healthy Lifestyles, and Minister for Western New South Wales
The Honourable Robyn Mary Parker MP Minister for the Environment, and Minister for Heritage
The Honourable Victor Michael Dominello MP Minister for Citizenship and Communities, and Minister for Aboriginal Affairs
The Honourable Graham Annesley MP Minister for Sport and Recreation.
(2) Mr Barry O’Farrell also informed the House of the representation of Legislative Council Ministers in the Assembly:
The Attorney General, and Minister for Justice representing the Minister for Police and Emergency Services, and Minister for the Hunter.
The Minister for Transport representing the Minister for Roads and Ports.
The Treasurer representing the Minister for Finance and Services, and Minister for the Illawarra. 8 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
12 GOVERNMENT ANNOUNCEMENTS
Mr Barry O’Farrell informed the House of the appointment on 3 April 2011 of Bradley Ronald Hazzard as Leader of the House, and of the election on 30 March 2011 of Daryl William Maguire as Government Whip and of Stuart Laurence Ayres as Deputy Government Whip.
13 THE NATIONALS ANNOUNCEMENTS
Mr Andrew Stoner informed the House of the election on 30 March 2011 of himself as Leader of The Nationals, Adrian Piccoli as Deputy Leader of The Nationals, of Thomas George as The Nationals Whip, and of John Douglas Williams as The Nationals Whip on 2 May 2011.
14 OPPOSITION ANNOUNCEMENTS
Mr John Robertson informed the House of the election on 31 March 2011 of himself as Leader of the Opposition, and of the election on 8 April 2011 of Linda Jean Burney as Deputy Leader of the Opposition, Richard Sanderson Amery as Opposition Whip and Ryan John Park as Deputy Opposition Whip.
15 DEATH OF DAVID BRUCE COWAN, A FORMER MINISTER OF THE CROWN
The Speaker informed the House of the death, on 7 April 2011, of David Bruce Cowan, a former Minister of the Crown, and that on behalf of the House she extended to the family the deep sympathy of the Legislative Assembly in the loss sustained.
Members and officers stood as a mark of respect.
16 ELECTORAL DISTRICT OF CAMPBELLTOWN
The Speaker advised the House that on 14 February 2011 a letter was received from Graham James West resigning his seat as member for the electoral district of Campbelltown.
17 SPEAKER’S STATEMENT—PORTRAIT OF W C WENTWORTH
The Speaker made a statement in relation to the removal of the portrait of W C Wentworth from the Chamber and its loan to the National Museum in Canberra.
18 SPEAKER’S STATEMENT—CLERK OF THE LEGISLATIVE ASSEMBLY
The Speaker made a statement in relation to the Clerk of the Legislative Assembly, on 15 February 2011, having achieved 40 years of service with the Legislative Assembly. ______
The Speaker left the Chair at 11.32 am.
The Speaker resumed the Chair at 12.10 pm. ______
19 PRESENTATION OF THE SPEAKER
The House then proceeded to the Jubilee Room to present the Speaker to the Governor—
And being returned—
The Speaker reported that the Assembly had been to the Jubilee Room where she informed the Governor, that immediately after the opening of Parliament, the Legislative Assembly, in the exercise of their undoubted rights, had proceeded to the election of their Speaker, that the choice had fallen upon her, and 9 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
that she had to present herself to the Governor as their Speaker, whereupon the Governor was pleased to offer her congratulations.
The Speaker further reported that she had then, in the name and on behalf of the House, laid claim to all members’ undoubted rights and privileges, particularly to freedom of speech in debate, to free access to Her Excellency when occasion should require, and asked that the most favourable construction should, on all occasions, be put upon their language and proceedings; to all of which the Governor readily assented.
20 MESSAGE FROM THE GOVERNOR
The Usher of the Black Rod was admitted and delivered the following message:
“Madam Speaker –
I have it in command to inform you that it is the pleasure of the Governor that this Honourable House attend Her Excellency immediately in the Legislative Council Chamber.”
The House went, and being returned –
21 THE GOVERNOR’S OPENING SPEECH
The Speaker reported that the House had this day attended the Governor in the Legislative Council Chamber, when Her Excellency had been pleased to deliver an Opening Speech to both Houses of Parliament. For greater accuracy, she had obtained a copy of the Speech, which was laid on the Table and ordered to be recorded in the Votes and Proceedings, as follows:
Honourable Members of Parliament
You have been called together to consider proposals from the Government and other Honourable Members for the first session of the Fifty-fifth Parliament of New South Wales.
This Parliament opens with a great spirit of optimism – a spirit that such an historic opportunity for change and renewal rightly brings.
Honourable Members gather for this Parliament justifiably proud of their representative roles, but equally, deeply conscious of the new responsibilities bestowed upon them.
Members of the Government, whose program I now present, are especially conscious of the responsibility they have to fulfil the commitments they made to the people of New South Wales at the election on March 26th.
The people of New South Wales have asked this Government to secure the future of our State not just through honest service, wise judgement and sound decision making – those qualities are the building blocks of good Government and they are fundamental requirements for all Members who serve here.
The Government understands that the people of New South Wales have called for more than that and appreciates the expectation of positive action that rebuilds, revitalises and re-energises the great institutional, economic and human resources of our great State.
Improving the performance of NSW is not only essential to the quality of life and opportunities of our own citizens. It can be said that NSW, by its size and capability should, as people expect, lift more than its own weight.
When NSW tests its own limits, the nation shares the benefit.
So the Government’s program throughout this term will deliver on the high expectations of citizens for real change, with legislation underpinning long overdue changes outlined in the Government’s Five Point 10 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
Action Plan.
A plan that will:
1. Rebuild the NSW economy, through lower taxes, cutting the cost of living and business growth; 2. Return quality services in areas such as health, transport, education and community safety; 3. Renovate infrastructure, to make a difference to both our economy and people’s lives; 4. Restore accountability to Government, by giving people a say on issues that affect them; and 5. Protect our local environment, and returning planning powers to the community.
It is the Government’s objective that well before the last of the 1426 days of this Parliamentary term, commitments are delivered and returning benefits to families, businesses and individuals.
The Government’s ‘100 Day Action Plan’ delivers key elements of the Five Point Action Plan.
Legislation will be introduced and debated from this week onwards, on elements of the‘100 Day Action Plan’ including:
• The establishment of Infrastructure NSW, an independent body combining public and private sector expertise to remove the politics from infrastructure decision making;
• Harmonisation of NSW’s occupational health and safety arrangements within the national framework;
• Addressing NSW’s critical housing affordability issues with measures to ease housing stress and encourage ‘whole-of-state’ development, including;
o extension of the ‘Empty Nester’ Transfer Duty Concession to those over 55; and
o repeal of the ‘Homebuyers Tax’,
• New laws to tackle graffiti offenders with fairer measures to bring graffiti offenders to account, and to foster innovative and relevant local solutions with local groups in community service orders, to help offenders face up to the personal and local consequences of their actions;
• Commencing the establishment of the Integrated Transport Authority, to improve planning and coordination of transport services;
• Measures to re-establish trust, honesty and accountability in government including;
o eliminating government use of taxpayers’ money to fund political advertising;
o further measures to regulate lobbyists; and
o campaign finance reform.
Addressing the Cost of Living
The rising cost of living, particularly the cost of electricity, is causing stress to many people.
The Government has established a Special Commission of Inquiry into the partial electricity privatisation undertaken by the Labor Government.
The Commission will determine what actually occurred through the previous sale process and make recommendations as to what actions would be in the public interest for the electricity industry going forward.
11 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
The Government is determined to do whatever possible to ease the pressure of living costs and will restructure the electricity industry by merging the three existing distribution companies into two. Savings will be allocated to:
• a new rebate of up to $150 for families receiving Family Tax Benefit Part A or B; and
• a low-income household rebate of up to $235.
A new planning system
The people of NSW have increasingly expressed dissatisfaction with government removing their ability to have a say in how their local areas are affected by growth and development.
Equally, investors have been concerned that the planning system lacks the certainty and efficiency to make NSW a reliable jurisdiction for investment.
The Government is preparing to start a long overdue review of NSW’s troubled planning system, with the establishment of an expert panel and commencement of a state-wide consultation with communities and stakeholders, developing a new planning system that will serve the public interest into the future.
The Government will also introduce legislation to abolish the controversial Part 3A of the Environmental Planning and Assessment Act, and establish transitional arrangements until a bill for a new planning system is brought to Parliament around the middle of the term.
The government understands that our planning system must deliver certainty about planning rules; certainty about decision making processes; certainty that decisions will be made transparently on the basis of merit and in the public interest; and certainty that decisions will be made in a timely way.
Protecting our Environment
The quality of our children’s opportunities is connected with the quality of our air, food, water and natural environment.
The Government has commenced the process of establishing the Dharawal National Park, and will bring proposals to Parliament in the near future.
A Solar Summit will be held, with industry representatives, energy experts and environmental groups invited to participate to look at practical and effective ways to increase the use of solar energy in New South Wales.
And in the Budget, provision will be made to allocate more money to environmental projects and to encourage local communities to be even more involved in caring for their own neighbourhoods, catchments, coasts and regions.
The natural environmental package will, if approved by Honourable Members, provide additional funding to resource national parks, bush regeneration, Landcare, green corridors, protection for threatened species, air quality initiatives and remediation of contaminated sites.
Rebuilding the NSW Economy
Rebuilding our NSW economy is the first among our five point plan priorities. By re-building our economy, we will generate the jobs, investment and revenues to enable taxes to be reduced, more infrastructure built, and more and better public services provided to our growing and ageing population.
The Government has already commenced the Commission of Audit of the State’s finances. A report will be made to Honourable Members this week on the implications of the $5.3 billion deficit.
12 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
To honour all its election commitments the Government will: - Deliver a Budget on September 6th, informed by the results of the Financial Audit and the ongoing expenditure review;
- Introduce a Supply Bill to ensure government activities are appropriately resourced for the period between now and the September Budget;
- Fully deliver its commitments for this term, over this term, starting with the ‘100 Day Action Plan’ and the 2011/12 Budget, and subsequent Budgets;
- Implement mechanisms to strengthen fiscal and economic management, to retain NSW’s AAA credit rating and ensure growth in spending is less than or equal to revenue growth.
The Government believes that fiscal discipline is central to growing the NSW economy.
A strong and sound economy is essential for NSW to compete with other states, and deliver investment in infrastructure and services.
The Government has already signalled a strong intention to lead an agenda in COAG on issues in the national interest, including infrastructure.
Well planned economic infrastructure investment can boost economic growth.
The Government will introduce legislation to establish “Restart NSW”, a dedicated government infrastructure fund.
The Government’s priority is the delivery of the North West Rail Link, for which project teams have already been commissioned.
Infrastructure NSW will be tasked to identify and commence work on one of Sydney’s missing road links, and work with the Federal Government to ensure the Pacific Highway upgrade is complete by their 2016 target date.
Allocation will also be sought for the $200 million capital roads budget, including the Western Sydney Roads Package, and funding for black spots throughout regional NSW.
The Hunter Infrastructure Investment Fund will also be established for investment in local Hunter priorities.
And preparations are underway to enable the long awaited widening of the M5 West Motorway.
Investing in a world class convention and exhibition centre will help re-establish Sydney’s global tourism appeal, and Destination NSW, an independent expert body to drive a doubling of NSW tourism by 2020, will be established.
NSW has some of the world’s highest achieving universities and researchers, and the Government appreciates them not just for their own merit, but for the potential of our universities to help build the economic capital and exports to drive our economic growth.
The Government will actively seek the tertiary sectors’ advice and involvement in economic development strategies, and will invest more in high level research with the new Bureau of Science, Research and Innovation, and the separate Office of Medical Research in Health.
Maximising our trade and investment opportunities, including strengthening our relationships with our valued Asia Pacific trading partners will be a strategic focus of the Government.
Our multicultural communities with their deep links with many of our trading partners, along with the 13 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011 business sector, will be important partners in these endeavours, along with renewed efforts through tax, regulatory and planning reform to regain Sydney’s reputation as a global finance capital.
Economic Growth in Regional NSW
Regional NSW has enormous attributes to offer newcomers and investors, and the Government intends to back the ambitions of regional areas seeking to stimulate economic growth, jobs, and the social and economic infrastructure that will attract more of NSW’s growing population to choose a regional lifestyle. Parliament will be asked to consider a range of proposals to help our regions maximise their own opportunities and contribute to the State’s economic prosperity.
The Government’s plan for a ‘Decade of Decentralisation’ will draw on several elements including:
• The Kickstart Regional NSW Fund, which will command a regional share of the Restart NSW Fund;
• The Jobs Action Plan, which targets the creation of 100,000 extra jobs across regional and metropolitan NSW, with 40 per cent earmarked for regions.
To further encourage business the Government will:
• Introduce regulatory reforms to simplify business processes and save costs;
• appoint a Small Business Commissioner, and
• require government departments to pay their bills within thirty days.
Valuing Local Government
The Government values the contribution of local government to our democracy and understands the value of local people having the power to make decisions that affect their community.
The Government also recognises that local government faces significant challenges in maintaining its assets – the local roads, footpaths, parks and sporting fields and community halls that are essential to local communities.
To address this challenge, a council by council audit will be established to identify infrastructure projects needed in each specific local community.
The Government will support the upgrade of local infrastructure through the Local Infrastructure Renewal Scheme that will reduce the cost to local government of tackling infrastructure backlogs through an interest rate subsidy.
Improving Service to Citizens
The job of any government in a free society is to serve its people.
It’s at the heart of the most honourable intentions of the individuals who seek to represent their own communities in this Parliament.
The Government will introduce legislation and administrative initiatives over coming weeks and months to deliver its commitments to improve customer service across the spectrum and steadily find ways to give back to communities and individuals the responsibility, accountability and power they seek to make decisions for themselves and their own communities.
It is the Government’s strong view that local communities should be empowered with opportunities to shape their own lives through better localised service delivery. 14 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
The Government will deliver on plans developed over the past three years with numerous community groups across the state, that call for better integration of human services, and early intervention where possible.
The Government is therefore determined to focus not on the convenience of government, but on services that suit the people who need them.
The Simpler Services Plan will develop an internet web portal, innovative ‘apps’ and personalised locationally aware sms’s, a single phone information number, and ‘One Stop Shop’ walk-in centres to deliver a wide range of community services and information, with a range of technologies.
Citizens will be able to find out their nearest health service, the fastest public transport option, the state of local traffic, the most accessible hospital, and be able to transact a range of government services conveniently through an integrated system.
Among the Government’s proposals to improve customer services and responsiveness are:
• The establishment of local health districts, to return to local communities and medical professionals greater control over medical services in local communities; • the implementation of the Better Hospitals & Healthcare Plan, to open new beds and provide extra nurses; and • New capital investment in hospital facilities.
The government will also establish a Mental Health Task Force to start planning for the establishment of a new Mental Health Commission, and create the Office of Medical Research to attract and retain talented researchers to find solutions to complex health issues.
Some of the most vulnerable individuals, and their dedicated carers, rely on disability services which too often fail to meet individual needs.
The Government will continue the delivery of the ‘Stronger Together’ 10 year disability service plan; and work with respected experts in the not for profit sector to extend choice and service quality to people.
NSW will continue to press for a COAG meeting in Sydney, later this year, to focus on the myriad and complex issues around ageing and the needs of older people.
The quality of our education system and the choices it offers are a measure of the quality of opportunity we offer not only to our children, but to all students in all stages of life and work.
Despite significant achievements, the Government believes there are challenges facing the education system. Too many young people are at risk of falling through the cracks with currently one in five Year 9 students at or below the minimum standards in reading, writing and maths.
The Government’s Literacy and Numeracy Action Plan will boost resources by $250 million, with 900 additional teachers to ensure children most at risk develop the foundations for success in literacy and numeracy at an early age.
Community Safety
The safety and security of citizens is a primary responsibility of government.
In addition to budget allocations to improve police station facilities, the Government will offer more local solutions to crime and encourage crime prevention with investments in Neighbourhood Watch, Police Citizens Youth Clubs, and better technology and equipment for police. Prevention of crime, and mechanisms to address recidivism are important to the Government.
Alcohol fuelled violence is an affront to, and sometimes life threatening for law-abiding citizens. 15 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
Legislation will be introduced to tackle obnoxious, alcohol-fuelled behaviour and strengthen police powers including toughening ‘move on’ laws, and reintroducing the offence of ‘drunk and disorderly.’
The Government will also trial three ‘Sobering Up Centres’ including one in regional NSW, and introduce legislation for a new ‘3 Strikes’ approach to licensed venues that are known problem spots.
Our police officers are among those who on our behalf put themselves in harm’s way as part of their job.
The Government will introduce legislation to give effect to a long standing policy, to introduce mandatory life sentences for people convicted of murdering police officers, and will also strengthen provisions relating to drivers who engage in police pursuits, the legislation which many people know as ‘Skye’s Law’.
Our Public Sector
One of the most significant bills to be considered by Honourable Members will be legislation to create the Public Service Commission.
Just as the Government understands it has a prime responsibility to rebuild the economy and secure our State’s prosperity, so is it deeply committed to its core purpose of delivering the high quality front line services people deserve.
The Government understands that for the public service to deliver high quality services it must operate with independence, integrity, clear strategic priorities and a firm commitment to the highest performance standards.
The Government has committed to build on the unique values and skills of the NSW public sector and build a new service culture in public administration in NSW.
An expert Working Group advised by the incoming Chair of the Public Service Commission, Professor Peter Shergold, will guide its development, and the Commission will provide and publish a detailed annual report on the NSW public sector – its achievements, its effectiveness and its challenges.
Trust and High Standards
The standards of conduct and professionalism set by all Members of this place, and the staff that support their work, will be an essential element in rebuilding the network of trust that must underpin relationships between the public sector, elected representatives, and they community they serve.
The ‘Class of 2011’ brings together individuals from diverse backgrounds, chosen by their local communities to be their voice in this historic Parliament.
They join members with longer experience, who will become mentors and colleagues. All members will appreciate that they are here to make decisions on behalf of their communities on issues the people of NSW delegate to their attention.
The Government is determined to extend the opportunities for debate, and to hear the voices of people from every corner of our great state in the consideration of proposals before Parliament.
The Government looks forward to the contribution of all members in activities including questions, debates on legislation and motions, private member’s business, and in parliamentary committees where the Government intends to restore the standards and importance of Parliamentary review mechanisms.
The Government will also consult constitutional experts on proposals to establish Recall Elections and a ‘Peoples’ Petition’.
As I said at the commencement, the new Government embarks on its reform program with optimism, 16 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
enthusiasm and a clear understanding that positive action is needed to bring about beneficial change in New South Wales.
The firm commitments made before the election and emphatically reaffirmed by the election result will be delivered.
The Government’s program will be underpinned by a confidence in the future, by investing in the infrastructure and improving the services that will secure people’s quality of life and opportunities in New South Wales for years to come.
It remains for me to extend every good wish to you all.
I now leave you to the important tasks entrusted to you by the people of New South Wales.
22 RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE GOVERNOR
The Speaker reported the following message from Her Excellency the Governor:
MARIE BASHIR Office of the Governor Governor Sydney, 6 December 2010
Professor Marie Bashir, Governor of New South Wales has the honour to inform the Legislative Assembly that she re-assumed the administration of the Government of the State at 7.35 pm on Monday 6 December 2010.
23 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE LIEUTENANT-GOVERNOR
The Speaker reported the following message from His Excellency the Lieutenant-Governor:
J.J. SPIGELMAN Office of the Governor Lieutenant-Governor Sydney, 22 February 2011
The Honourable Chief Justice James Spigelman, Lieutenant-Governor of the State of New South Wales has the honour to inform the Legislative Assembly, as a consequence of the Governor of New South Wales, Professor Marie Bashir, having assumed the administration of the Government of the Commonwealth, he has this day assumed the administration of the Government of the State.
24 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE ADMINISTRATOR
The Speaker reported the following message from the Administrator:
JAMES ALLSOP Office of the Governor Administrator Sydney, 23 February 2011
The Honourable Justice James Allsop, Administrator of the State of New South Wales, has the honour to inform the Legislative Assembly that, as a consequence of the Governor of New South Wales, Professor Marie Bashir, having assumed the administration of the Government of the Commonwealth, he has this day assumed the administration of the Government of the State.
25 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE LIEUTENANT-GOVERNOR
The Speaker reported the following message from His Excellency the Lieutenant-Governor:
17 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
J.J. SPIGELMAN Office of the Governor Lieutenant-Governor Sydney, 26 February 2011
The Honourable Chief Justice James Jacob Spigelman, Lieutenant-Governor of New South Wales, has the honour to inform the Legislative Assembly that, as a consequence of the Governor of New South Wales, Professor Marie Bashir, having assumed the administration of the Government of the Commonwealth of Australia, he has this day assumed the administration of the Government of the State.
26 RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE GOVERNOR
The Speaker reported the following message from Her Excellency the Governor:
MARIE BASHIR Office of the Governor Governor Sydney, 28 February 2011
Professor Marie Bashir, Governor of New South Wales has the honour to inform the Legislative Assembly that she has this day re-assumed the administration of the Government of the State.
27 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE LIEUTENANT-GOVERNOR
The Speaker reported the following message from His Excellency the Lieutenant-Governor:
J.J. SPIGELMAN Office of the Governor Lieutenant-Governor Sydney, 18 March 2011
The Honourable James Jacob Spigelman, Chief Justice of New South Wales, Lieutenant-Governor of the State of New South Wales, has the honour to inform the Legislative Assembly that, consequent on the Governor of New South Wales, Professor Marie Bashir having assumed the administration of the Government of the Commonwealth of Australia, he has this day at 5.40 am assumed the administration of the Government of the State.
28 RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE GOVERNOR
The Speaker reported the following message from Her Excellency the Governor:
MARIE BASHIR Office of the Governor Governor Sydney, 18 March 2011
Professor Marie Bashir, Governor of New South Wales has the honour to inform the Legislative Assembly that she re-assumed the administration of the Government of the State at 6.20 pm on 18 March 2011.
29 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE LIEUTENANT-GOVERNOR
The Speaker reported the following message from His Excellency the Lieutenant-Governor:
J.J. SPIGELMAN Office of the Governor Lieutenant-Governor Sydney, 29 March 2011
The Honourable James Jacob Spigelman, Chief Justice of New South Wales, Lieutenant-Governor of the State of New South Wales, has the honour to inform the Legislative Assembly that, consequent on the Governor of New South Wales, Professor Marie Bashir, being absent from the State, he has this day at 4.50 pm assumed the administration of the Government of the State. 18 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
30 RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE GOVERNOR
The Speaker reported the following message from Her Excellency the Governor:
MARIE BASHIR Office of the Governor Governor Sydney, 13 April 2011
Professor Marie Bashir, Governor of New South Wales has the honour to inform the Legislative Assembly that she re-assumed the administration of the Government of the State at 5.10 am on 13 April 2011.
31 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE ADMINISTRATOR
The Speaker reported the following message from the Administrator:
MARGARET BEAZLEY Office of the Governor Administrator Sydney, 22 April 2011
The Honourable Justice Margaret Beazley, Administrator of the State of New South Wales, has the honour to inform the Legislative Assembly that, as a consequence of the Governor of New South Wales, Professor Marie Bashir, having assumed the administration of the Government of the Commonwealth, she has this day at 2.00 pm assumed the administration of the Government of the State.
32 MESSAGES FROM THE GOVERNOR
The Speaker reported messages from Her Excellency the Governor assenting to the following bills:
7 December 2010
Act No. 122 Contract Cleaning Industry (Portable Long Service Leave Scheme) Bill Act No. 123 Long Service Corporation Bill Act No. 124 Education Amendment (Ethics) Bill Act No. 125 Local Government Amendment (Confiscation of Alcohol) Bill Act No. 126 Parliamentary Electorates and Elections Further Amendment Bill Act No. 127 Public Health Bill Act No. 128 Public Sector Employment and Management Amendment Bill Act No. 129 Road Transport (Driver Licensing) Amendment Bill Act No. 130 Rural Fires Amendment Bill Act No. 131 Vocational Education and Training (Commonwealth Powers) Bill Act No. 132 Wagering Legislation Amendment Bill Act No. 133 Water Management Amendment Bill Act No. 134 Workers’ Compensation (Dust Diseases) Amendment Bill Act No. 135 Courts and Crimes Legislation Further Amendment Bill Act No. 136 Crimes (Sentencing Procedure) Amendment Bill Act No. 137 Crimes (Serious Sex Offenders) Amendment Bill.
33 INDEPENDENT COMMISSION AGAINST CORRUPTION
The Speaker, in accordance with section 78 of the Independent Commission Against Corruption Act 1988, announced receipt of the reports of the Independent Commission Against Corruption entitled:
“Investigation into the submission of false claims for sitting day relief entitlement by Angela D’Amore MP and some members of her staff”, dated December 2010 (received 7 December 2010).
“Investigation into the acceptance of corrupt benefits by a City of Canada Bay Council employee”, dated 19 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
December 2010 (received 15 December 2010).
“Investigation into corrupt conduct of Sydney Water employees and others”, dated March 2011 (received 22 March 2011).
“Investigation into alleged corrupt conduct involving Burwood Council’s General Manager and others”, dated April 2011 (received 20 April 2011).
Ordered to be printed.
34 OMBUDSMAN
The Speaker, in accordance with section 31AA of the Ombudsman Act 1974, announced receipt of the reports of the NSW Ombudsman entitled:
“Improving probity standards for funded organisations”, dated December 2010 (received 15 December 2010).
“Inquiry into service provision to the Bourke and Brewarrina communities”, dated December 2010 (received 15 December 2010).
Ordered to be printed.
35 INSPECTOR OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION
The Speaker, in accordance with section 78 of the Independent Commission Against Corruption Act 1988, announced receipt of the report of the Inspector of the Independent Commission Against Corruption entitled “Report of an audit of applications for and execution of search warrants by the Independent Commission Against Corruption”, dated December 2010 (received 15 December 2010).
Ordered to be printed.
36 DISCLOSURES BY MEMBERS
The Speaker tabled the Supplementary Ordinary Returns by Members of the Legislative Assembly as at 31 December 2010.
Ordered to be printed.
37 SEARCH WARRANTS
The Speaker tabled a copy of the Memorandum of Understanding on the execution of search warrants in the premises of members of the New South Wales Parliament between the Commissioner of Police, the President of the Legislative Council and the Speaker of the Legislative Assembly, dated November 2010.
38 PARLIAMENTARY BUDGET OFFICE
The Speaker tabled the Proposed Operational Plan of the Parliamentary Budget Office, dated 17 February 2011.
39 COMMITTEE ON THE HEALTH CARE COMPLAINTS COMMISSION
The Clerk announced receipt of the Government Response to Report No. 7/54 of the Committee on the Health Care Complaints Commission entitled “Operation of the Health Care Complaints Act 1993: Final Report” (received 3 December 2010).
20 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
40 PASSENGER TRANSPORT ACT
The Clerk, in accordance with section 46D of the Passenger Transport Act 1990, announced receipt of the Office of Transport Safety Investigations Reports entitled:
“Ferry Safety Investigation Report, Systemic Investigation into training of ferry crews operational procedures and emergency drills, Sydney Ferries, November 2007 – May 2009” (received 6 December 2010)
“Ferry Safety Investigation Report, Fire Onboard Captain Cook Cruises Ferry Jillian, Sydney Harbour, 28 April 2010” (received 17 March 2011).
41 ANNUAL REPORTS
(1) The Clerk, in accordance with section 13 of the Annual Reports (Departments) Act 1985, announced receipt of the reports for the year ended 30 June 2010 of:
New South Wales Fire Brigades; and the State Emergency Service (received 6 December 2010).
(2) The Clerk, in accordance with section 11 of the Annual Reports (Statutory Bodies) Act 1984, announced receipt of:
Reports for the year ended 30 June 2010 of – Banana Industry Committee; and the Rice Marketing Board (9 December 2010); Independent Pricing and Regulatory Tribunal (received 13 December 2010); Natural Resources Commission (received 17 December 2010); Waste Recycling and Processing Corporation (trading as WSN Environmental Solutions) (received 20 December 2010); WorkCover Authority of New South Wales (received 24 December 2010); Clinical Excellence Commission (received 11 January 2011); NSW Vocational Education and Training Accreditation Board (received 16 February 2011); New South Wales Institute of Psychiatry (received 7 March 2011); New South Wales Medical Board (received 23 March 2011); and the Residual Business Management Corporation Group (Volumes 1 to 3) (received 27 April 2011).
Report of the Livestock Health and Pest Authorities for the period 1 January 2009 to 30 June 2010 (received 3 March 2011).
(3) The Clerk, in accordance with section 33 of the Radiation Control Act 1990, also announced receipt of the report of the Radiation Advisory Council for the year ended 30 June 2010 (received 20 December 2010).
42 AUDITOR-GENERAL
The Clerk, in accordance with section 63C of the Public Finance and Audit Act 1983, announced receipt of the following reports of the Auditor General:
Report for 2010, Volume 10 (received 7 December 2010).
Performance Audit Report entitled “Sick Leave: Department of Premier and Cabinet”, dated December 2010 (received 8 December 2010).
Report for 2010, Volume 11 (received 15 December 2010).
Performance Audit Report entitled “Mental Health Workforce: NSW Health”, dated December 2010 (received 16 December 2010).
Report for 2011, Volume 1 (received 22 February 2011).
Performance Audit Report entitled “The Effectiveness of Cautioning for Minor Cannabis Offences: NSW 21 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
Police, NSW Health”, dated April 2011 (received 7 April 2011).
43 STANDING COMMITTEE ON PARLIAMENTARY PRIVILEGE AND ETHICS
The Clerk announced receipt of the report of the Standing Committee on Parliamentary Privilege and Ethics entitled “Report on Review of the Code of Conduct, Aspects of Disclosure of Interests and Related Issues”, dated December 2010 (received 8 December 2010).
44 STANDING COMMITTEE ON PUBLIC WORKS
The Clerk announced receipt of the Government Response to Report No. 5/54 of the Standing Committee on Public Works entitled “Report on the Development of Arts and Cultural Infrastructure Outside the Sydney CBD” (received 8 December 2010).
45 PUBLIC ACCOUNTS COMMITTEE
The Clerk announced receipt of the Government Response to Report No. 10/54 of the Public Accounts Committee entitled “Fifth Report on the Examination of the Auditor-General’s Performance Audits: Signal Failures on the Metropolitan Rail Network, Recycling and Reuse of Waste by the NSW Public Sector, Improving Literacy and Numeracy in NSW Public Schools” (received 9 December 2010).
46 RAIL SAFETY ACT
The Clerk, in accordance with section 74 of the Rail Safety Act 2008, announced receipt of the:
(1) Office of Transport Safety Investigations Reports entitled –
Rail Safety Investigation Report, Safeworking Breach, Glenlee, 28 October 2009” (received 9 December 2010).
Level Crossing Collision Report, Private level crossing at 594.680KMS, Wee Waa, 1 September 2010” (received 13 December 2010).
Rail Safety Investigation Report, Near Strike With Signal Maintenance Staff, Strathfield, 1 April 2010” (received 3 March 2011).
(2) Report of the Independent Transport Safety and Reliability Regulator entitled “Rail Industry Safety Report 2009-10” (received 27 January 2011).
47 JOINT STANDING COMMITTEE ON ELECTORAL MATTERS
The Clerk announced receipt of the Government Response to Report No. 3/54 of the Joint Standing Committee on Electoral Matters entitled “2008 Local Government Elections” (received 10 December 2010).
48 STATE OWNED CORPORATIONS ACT
The Clerk, in accordance with section 27 of the State Owned Corporations Act 1989, announced receipt of:
Statements of Corporate Intent for the year ending 30 June 2011 of – Delta Electricity; Eraring Energy; and Macquarie Generation (received 14 December 2010).
Half Yearly Report of the Superannuation Administration Corporation (trading as Pillar Administration) for the period ended 31 December 2010 (received 7 March 2011).
22 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
49 JAMES HARDIE FORMER SUBSIDIARIES (WINDING UP AND ADMINISTRATION ACT
The Clerk, in accordance with section 64A of the James Hardie Former Subsidiaries (Winding up and Administration) Act 2005, announced receipt of:
Asbestos Injuries Compensation Fund facility agreement between Asbestos Injuries Compensation Fund Limited (“AICFL”), ABN 60 Pty Limited (under NSW administering winding up) (“ABN 60”), Amaca Pty Ltd (under NSW administering winding up) (“Amaca”), Amaba Pty Ltd (under NSW administering winding up) (“Amaba”) and the State of New South Wales, dated 9 December 2010 (received 22 December 2010).
Fixed and floating charge between AICFL, ABN 60, Amaca, Amaba and the State of New South Wales, dated 9 December 2010 (received 22 December 2010).
“Deed to amend the AFFA and facilitate the Authorised Loan Facility”, dated 9 December 2010 (received 22 December 2010).
50 SYDNEY WATER CATCHMENT MANAGEMENT ACT
The Clerk, in accordance with section 33 of the Sydney Water Catchment Management Act 1998, announced receipt of the report of the Independent Pricing and Regulatory Tribunal entitled “Sydney Catchment Authority Operational Audit 2009/2010 Report to the Minister, Water - Compliance Report", dated November 2010 (received 24 December 2010).
51 SYDNEY WATER ACT
The Clerk, in accordance with section 33 of the Sydney Water Act 1994, announced receipt of the report of the Independent Pricing and Regulatory Tribunal entitled “Sydney Water Corporation Operational Audit 2009/10 Report to the Minister, Water - Compliance Report”, dated November 2010 (received 24 December 2010).
52 GAMING MACHINE TAX ACT
The Clerk, in accordance with section 16 of the Gaming Machine Tax Act 2001, announced receipt of the Alteration of Guidelines for the Community Development and Support Expenditure Scheme, dated 24 January 2011 (received 31 January 2011).
53 LAW REFORM COMMISSION ACT
The Clerk, in accordance with section 13 of the Law Reform Commission Act 1967, announced receipt of the following reports of the Law Reform Commission:
Report 127 entitled “Protecting Privacy in New South Wales”, dated May 2010; and Report 129 entitled “Complicity”, dated December 2010 (received 16 February 2011).
54 PUBLIC ACCOUNTS COMMITTEE
The Clerk announced receipt of the Government Response to Report No. 14/54 of the Public Accounts Committee entitled “Report on Quality and Timeliness of Financial Reporting” (received 12 April 2011).
55 STATUTORY RULES AND INSTRUMENTS
The Clerk tabled notices of the making of the following statutory rules and instruments published on the Legislation Website (LW) or in the Government Gazette (GG):
(1) For the week ended 3 December 2010
23 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
Criminal Procedure Act 1986—Criminal Procedure Amendment (Forum Sentencing Program) Regulation 2010 (LW 3 December 2010).
Environmental Planning and Assessment Act 1979—Environmental Planning and Assessment Amendment (Bush Fire Prone Land) Regulation 2010 (LW 1 December 2010).
Government Information (Public Access) Act 2009—Government Information (Public Access) Amendment (Subsidiary Agencies) Regulation 2010 (LW 3 December 2010).
National Parks and Wildlife Act 1974—
(a) Notice of reservation of a national park and a state conservation area under section 30A (1) reserving land as part of Murrumbidgee Valley National Park and Murrumbidgee Valley State Conservation Area (GG No. 131 of 3 December 2010, p 5678).
(b) Notice of reservation of a state conservation area under section 30A (1) reserving land as part of Tuggerah State Conservation Area (GG No. 131 of 3 December 2010, p 5679).
Police Act 1990—Police Amendment (Initial Screening) Regulation 2010 (LW 3 December 2010).
Property, Stock and Business Agents Act 2002—Property, Stock and Business Agents Amendment (Tenant Databases) Regulation 2010 (LW 3 December 2010).
Residential Tenancies Act 2010—Residential Tenancies Regulation 2010 (LW 3 December 2010).
Statutory and Other Offices Remuneration Act 1975—Report and Determination pursuant to section 14 of the Act (GG No. 131 of 3 December 2010, p 5684).
(2) For the week ended 10 December 2010
Civil Procedure Act 2005—Uniform Civil Procedure Rules (Amendment No. 39) 2010 (LW 10 December 2010).
Criminal Case Conferencing Trial Act 2008—Criminal Case Conferencing Trial Further Amendment (Extension) Regulation 2010 (LW 10 December 2010).
Food Act 2003—Food Amendment (Food Standards Code) Regulation 2010 (LW 10 December 2010).
Home Building Act 1989—Home Building Amendment (Temporary Exemption) Regulation 2010 (LW 10 December 2010).
Liquor Act 2007—Liquor Amendment (Transfer Fee) Regulation 2010 (LW 10 December 2010).
Plantations and Reafforestation Act 1999—Plantations and Reafforestation (Code) Amendment Regulation 2010 (LW 10 December 2010).
Retail Leases Act 1994—Retail Leases Amendment Regulation 2010 (LW 10 December 2010).
Veterinary Practice Act 2003—Veterinary Practice Amendment (Annual Returns) Regulation 2010 (LW 10 December 2010).
(3) For the week ended 17 December 2010
Anti-Discrimination Act 1977—Anti-Discrimination Amendment (Email Complaints) Regulation 2010 (LW 17 December 2010).
Building Professionals Act 2005—Notice amending the Building Professionals Board Accreditation 24 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
Scheme (GG No. 135 of 17 December 2010, p 5889).
Children and Young Persons (Care and Protection) Act 1998—Children’s Services Amendment Regulation 2010 (LW 16 December 2010).
Constitution Act 1902—Constitution (Disclosures by Members) Amendment (De Facto Relationships) Regulation 2010 (LW 17 December 2010).
Constitution Act 1902—Constitution (Governor’s Salary) Amendment Regulation (No. 2) 2010 (LW 17 December 2010).
Electricity Supply Act 1995—
(a) Electricity Supply (General) Amendment (Marketing Code of Conduct) Regulation 2010 (LW 17 December 2010).
(b) Electricity Supply (General) Further Amendment (Solar Bonus Scheme) Regulation 2010 (LW 17 December 2010).
First State Superannuation Act 1992—First State Superannuation Amendment (Payments for Parental Leave) Regulation 2010 (LW 17 December 2010).
Fisheries Management Act 1994—
(a) Fisheries Management Amendment (Declared Diseases and Noxious Fish) Regulation 2010 (LW 17 December 2010).
(b) Fisheries Management Legislation Amendment (Management Plans) Regulation 2010 (LW 17 December 2010).
Forestry Act 1916—Forestry Amendment (Fees) Regulation 2010 (LW 17 December 2010).
Gas Supply Act 1996—Gas Supply (Natural Gas Retail Competition) Amendment (Marketing Code of Conduct) Regulation 2010 (LW 17 December 2010).
Health Practitioner Regulation National Law (NSW)—Health Practitioner Regulation (New South Wales) Amendment (Savings and Transitional) Regulation 2010 (LW 17 December 2010).
Health Services Act 1997—Health Services Amendment (Local Health Networks) Regulation 2010 (LW 17 December 2010).
Home Building Act 1989—Home Building Amendment (Relevant Law) Regulation 2010 (LW 17 December 2010).
Marine Safety Act 1998—
(a) Marine Safety (Commercial Vessels) Regulation 2010 (LW 17 December 2010).
(b) Marine Safety (General) Amendment (Commercial Vessels) Regulation 2010 (LW 17 December 2010).
Mine Subsidence Compensation Act 1961—Mine Subsidence Compensation Amendment (Contributions) Regulation 2010 (LW 17 December 2010).
National Parks and Wildlife Act 1974—
(a) Erratum (GG No. 135 of 17 December 2010, p 5905). 25 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
(b) Notices of reservation of a nature reserve under section 30A (1) reserving land as: Wiarborough Nature Reserve (GG No. 135 of 17 December 2010, p 5907); part of Billinudgel Nature Reserve (GG No. 135 of 17 December 2010, p 5908); part of Kemps Creek Nature Reserve (GG No. 135 of 17 December 2010, p 5909).
(c) Notices of reservation of a national park under section 30A (1) reserving land as part of: Warrabah National Park (GG No. 135 of 17 December 2010, p 5908); Boonoo Boonoo National Park (GG No. 135 of 17 December 2010, p 5908); Wollemi National Park (GG No. 135 of 17 December 2010, p 5909).
(d) Notice of reservation of a state conservation area under section 30A (1) and 30A (2) reserving land as Cooleburba State Conservation Area (GG No. 135 of 17 December 2010, p 5908).
(e) Notice of reservation of a historic site under section 30A (1) reserving land as part of Innes Ruins Historic Site (GG No. 135 of 17 December 2010, p 5908).
Photo Card Act 2005—Photo Card Amendment (Fee Exemption for Pensioners) Regulation 2010 (LW 17 December 2010).
Retail Leases Act 1994—Retail Leases Further Amendment Regulation 2010 (LW 17 December 2010).
Road Transport (Driver Licensing) Act 1998—Road Transport (Driver Licensing) Amendment (Fee Exemption for Pensioners) Regulation 2010 (LW 17 December 2010).
Road Transport (Vehicle Registration) Act 1997—Road Transport (Vehicle Registration) Amendment (Fee Exemption for Pensioners) Regulation 2010 (LW 17 December 2010).
State Owned Corporations Act 1989—State Owned Corporations Regulation 2010 (LW 17 December 2010).
Terrorism (Police Powers) Act 2002—Terrorism (Police Powers) Amendment Regulation 2010 (LW 16 December 2010).
Victims Support and Rehabilitation Act 1996—
(a) Victims Support and Rehabilitation Amendment Regulation 2010 (LW 17 December 2010).
(b) Victims Support and Rehabilitation Amendment Rule 2010 (LW 17 December 2010).
Water Industry Competition Act 2006—Water Industry Competition (General) Amendment (Licensing Exemptions) Regulation 2010 (LW 17 December 2010).
Water Management Act 2000—
(a) Water Management (General) Amendment (Cane Drains and Replacement Access Licences) Regulation 2010 (LW 17 December 2010).
(b) Water Management (General) Amendment (Transformation) Regulation 2010 (LW 17 December 2010).
(4) For the week ended 24 December 2010
Election Funding and Disclosures Act 1981—Election Funding and Disclosures Amendment (Transitional and Miscellaneous) Regulation 2010 (LW 24 December 2010).
Environmental Planning and Assessment Act 1979—Environmental Planning and Assessment Further Amendment Regulation 2010 (LW 20 December 2010). 26 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
Local Court Act 2007—Local Court Practice Note No. 1 of 2010 (GG No 140. Of 24 December 2010, p 6221).
National Parks and Wildlife Act 1974—
(a) Addendum (GG No. 140 of 24 December 2010, p 6166).
(b) Notice of reservation of a nature reserve under section 30A (1) reserving land as part of Mother of Ducks Lagoon Nature Reserve (GG No. 140 of 24 December 2010, p 6166).
(c) Notice of reservation of a national park under section 30A (1) reserving land as part of Wollemi National Park (GG No. 140 of 24 December 2010, p 6166).
Protection of the Environment Operations Act 1997—Protection of the Environment Operations (Clean Air) Amendment (Emissions Standards) Regulation 2010 (LW 24 December 2010).
Rail Safety Act 2008—Order Approving Compliance Code 2010—No. 1 (GG No. 140 of 24 December 2010, p 6260).
Road Transport (Driver Licensing) Act 1998—
(a) Road Transport (Driver Licensing) Amendment (Demerit Points Reductions) Regulation 2010 (LW 24 December 2010).
(b) Road Transport (Driver Licensing) Amendment (Galston Gorge) Regulation 2010 (LW 24 December 2010).
Roads Act 1993—Roads Amendment (M2 Motorway Upgrade Declaration) Regulation 2010 (LW 24 December 2010).
(5) For the week ended 14 January 2011
Evidence Act 1995—Evidence Amendment (Prescribed State or Territory Provisions) Regulation 2011 (LW 14 January 2011).
Liquor Act 2007—Liquor Amendment (Special Events—Extended Trading Periods) Regulation 2011 LW 14 January 2011).
National Parks and Wildlife Act 1974—Notice of reservation of a state conservation area under section 30A (1) reserving land as part of Lake Macquarie State Conservation Area and Munmorah State Conservation Area (GG No. 2 of 14 January 2011, p 56).
Road Transport (Driver Licensing) Act 1998—Road Transport (Driver Licensing) Amendment (Police Exemptions) Regulation 2011 (LW 14 January 2011).
Road Transport (General) Act 2005—Road Transport (General) Amendment (Penalty Notice Offences) Regulation 2011 (LW 14 January 2011).
Roads Act 1993—Roads Amendment (Barangaroo) Regulation 2010 (LW 14 January 2011).
(6) For the week ended 21 January 2011
Drug Court Act 1998—Drug Court Amendment (Court Expansion) Regulation 2011 (LW 21 January 2011).
Macquarie University Act 1989—Macquarie University Amendment By-law 2010 (LW 21 January 2011). 27 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
National Parks and Wildlife Act 1974—
(a) Notices of reservation of a national park under section 30A (1) reserving land as part of: Towarri National Park (GG No. 6 of 21 January 2011, p 177); Bundjalung National Park (GG No. 6 of 21 January 2011, p 177); Kosciuszko National Parks (GG No. 6 of 21 January 2011, p 178).
(b) Notice of reservation of a nature reserve under section 30A (1) and 30A (2) reserving land as Doodle Comer Swamp Nature Reserve (GG No. 6 of 21 January 2011, p 177).
(c) Notice of reservation of a state conservation area under section 30A (1)—reserve land as part of Garawarra State Conservation Area (GG No. 6 of 21 January 2011, p 177).
(d) Addendum (GG No. 6 of 21 January 2011, p 178).
Public Authorities (Financial Arrangements) Act 1987—Public Authorities (Financial Arrangements) Amendment (Cobbora) Regulation 2011 (LW 21 January 2011).
Road Transport (General) Act 2005—Road Transport (General) Amendment (Written-off Vehicles) Regulation 2011 (LW 21 January 2011).
Road Transport (Vehicle Registration) Act 1997—Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Regulation 2011 (LW 21 January 2011).
University of Sydney Act 1989—University of Sydney Amendment (Senate Appointments) By-law 2010 (LW 21 January 2011).
(7) For the week ended 28 January 2011
Marine Parks Act 1997—Marine Parks (Zoning Plans) Amendment (Solitary Islands and Jervis Bay Marine Parks) Regulation 2011 (LW 27 January 2011).
Marine Safety Act 1998—Marine Safety (General) Amendment (Pilotage) Regulation 2011 (LW 28 January 2011).
Public Authorities (Financial Arrangements) Act 1987—Public Authorities (Financial Arrangements) Amendment (Cobbora Investment Powers) Regulation 2011 (LW 28 January 2011).
Road Transport (Driver Licensing) Act 1998—Road Transport (Driver Licensing) Amendment (Professional Drivers) Regulation 2011 (LW 28 January 2011).
Road Transport (General) Act 2005—Road Transport (General) Amendment (Nomination Penalty Notice Offences) Regulation 2011 (LW 28 January 2011).
Road Transport (Vehicle Registration) Act 1997—Road Transport (Vehicle Registration) Amendment (Suspension of Registration) Regulation 2011 (LW 28 January 2011).
Workers Compensation Act 1987 and Workplace Injury Management and Workers Compensation Act 1998—Workers Compensation Regulation 2010 (LW 28 January 2011).
(8) For the week ended 4 February 2011
Building Professionals Act 2005—Notice amending the Building Professionals Board Accreditation Scheme (GG No. 12 of 4 February 2011, p 534).
Children and Young Persons (Care and Protection) Act 1998—Children and Young Persons Legislation Amendment Regulation 2011 (LW 4 February 2011).
28 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
Children’s Court Act 1987—Practice Note No. 3—The Children’s Court of New South Wales— Alternative Dispute Resolution Procedures in the Children’s Court (GG No. 12 of 4 February 2011, p 546).
National Parks and Wildlife Act 1974—Notice of reservation of a nature reserve under section 30A (1) reserving land as Minimbah Nature Reserve (GG No. 12 of 4 February 2011, p 543).
(9) For the week ended 11 February 2011
Civil Procedure Act 2005—Uniform Civil Procedure Rules (Amendment No. 40) 2011 (LW 11 February 2011).
Conveyancers Licensing Act 2003—Conveyancers Licensing Amendment (Qualifications) Order 2011 (LW 11 February 2011).
Criminal Procedure Act 1986—Criminal Procedure Amendment (ECM Committal Proceedings) Regulation 2011 (LW 11 February 2011).
Electronic Transactions Act 2000—Electronic Transactions (ECM Courts) Amendment (Local Court) Order 2011 (LW 11 February 2011).
Firearms Act 1996—Firearms Amendment (Exemption) Regulation 2010 (LW 11 February 2011).
Local Court Act 2007—Local Court Practice Note No. 1 of 2011—Online Court Protocol for Committal Matters at Downing Centre (GG No. 14 of 11 February 2011, p 600).
National Parks and Wildlife Act 1974—
(a) Notice of reservation of a Regional Park under section 30A (1) reserving land as part of Wianamatta Regional Park (GG No. 14 of 11 February 2011, p 598).
(b) Notice of reservation of a state conservation area under section 30A (1) reserving land as part of Barwon State Conservation Area (GG No. 14 of 11 February 2011, p 598).
(c) Notice of reservation of a national park under section 30A (1) reserving land as part of Blue Mountains National Park (GG No. 14 of 11 February 2011, p 598).
Surrogacy Act 2010—Surrogacy Regulation 2011 (LW 11 February 2011).
(10) For the week ended 18 February 2011
Biofuels Act 2007—Biofuels Amendment (E10) Regulation 2011 (LW 18 February 2011).
Births, Deaths and Marriages Registration Act 1995—Births, Deaths and Marriages Registration Amendment (Fee Exemptions) Regulation 2011 (LW 14 February 2011).
Building Professionals Act 2005—
(a) Building Professionals Amendment (Categories of Accreditation) Regulation 2011 (LW 18 February 2011).
(b) Notice under section 4 (7) of the Act (GG No. 15 of 18 February 2011, p 768).
Companion Animals Act 1998—Companion Animals Amendment (Greyhound Muzzling Exemption) Regulation 2011 (LW 18 February 2011).
29 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
Environmental Planning and Assessment Act 1979—
(a) Environmental Planning and Assessment Amendment (Part 4A Certificates and DCPs) Regulation 2011 (LW 17 February 2011).
(b) Environmental Planning and Assessment Amendment (Planning Appeals) Regulation 2011 (LW 18 February 2011).
Local Government Act 1993—
(a) Local Government (General) Amendment (Long Service Leave) Regulation 2011 (LW 18 February 2011).
(b) Local Government Amendment (Environmental Upgrade Agreements) Regulation 2011 (LW 18 February 2011).
National Parks and Wildlife Act 1974—
(a) Erratum (GG No. 15 of 18 February 2011, p 779).
(b) Notices of reservation of a national park under section 30A (1) reserve land as part of: Hunter Wetlands National Park (GG No. 15 of 18 February 2011, p 779); Mares Forest National Park (GG No. 15 of 18 February 2011, p 779).
(c) Notice of reservation of a state conservation area under section 30A (1) and (2) reserving land as Chambigne State Conservation Area (GG No. 15 of 18 February 2011, p 780).
(d) Notice of reservation of a nature reserve under section 30A (1) reserving land as part of: Darawank Nature Reserve (GG No. 15 of 18 February 2011, p 780); Burrinjuck Nature Reserve (GG No. 15 of 18 February 2011, p 780).
(e) Notice of reservation of a regional park under section 30A (1) reserving land as part of Wolli Creek Regional Park (GG No. 15 of 18 February 2011, p 780).
Occupational Health and Safety Act 2000—Occupational Health and Safety Amendment (Residual Current Devices) Regulation 2011 (LW 18 February 2011).
Rural Lands Protection Act 1998—Rural Lands Protection Amendment (Stock Transportation Particulars) Regulation 2011 (LW 18 February 2011).
Trustee Companies Act 1964—Trustee Companies Regulation 2011 (LW 18 February 2011).
Water Management Act 2000—Water Management (General) Amendment (Poon Boon Water Trust) Regulation 2011 (LW 18 February 2011).
(11) For the week ended 25 February 2011
Building and Construction Industry Security of Payment Act 1999—Building and Construction Industry Security of Payment Amendment Regulation 2011 (LW 25 February 2011).
Central Coast Water Corporation Act 2006—Central Coast Water Corporation Regulation 2011 (LW 25 February 2011).
Civil Procedure Act 2005—Uniform Civil Procedure Rules (Amendment No. 41) 2011 (LW 25 February 2011).
Entertainment Industry Act 1989—Entertainment Industry Amendment Regulation 2011 (LW 25 30 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
February 2011).
Liquor Act 2007—Liquor Amendment (Biennial Returns) Regulation 2011 (LW 25 February 2011).
Mental Health Act 2007—Mental Health Amendment Regulation 2011 (LW 25 February 2011).
National Parks and Wildlife Act 1974—
(a) Erratum—Notice of reservation of a nature reserve under section 30A (1) reserving land as part of Burrinjuck Nature Reserve (GG No. 20 of 25 February 2011, p 1412).
(b) Erratum (GG No. 20 of 25 February 2011, p 1412); Erratum (GG No. 20 of 25 February 2011, p 1412); Erratum (GG No. 20 of 25 February 2011, p 1412).
(c) Notices of reservation of a state conservation area under section 30A (1) reserving land as: part of Livingstone State Conservation Area (GG No. 20 of 25 February 2011, p 1413); Brigalow State Conservation Area (GG No. 20 of 25 February 2011, p 1414); Gwydir Wetlands State Conservation Area (GG No. 20 of 25 February 2011, p 1415); Columbey State Conservation Area (GG No. 20 of 25 February 2011, p 1415).
(d) Notices of reservation of a nature reserve under section 30A (1) reserving land as part of: Barton Nature Reserve (GG No. 20 of 25 February 2011, p 1413); Clarence Estuary Nature Reserve (GG No 20 of 25 February 2011, p 1414).
(e) Notices of reservation of a national park under section 30A (1) reserving land as part of: the National Parks (GG No. 20 of 25 February 2011, p 1413); Goulburn River National Park (GG No 20. of 25 February 2011, p 1413); Bongil Bongil National Park (GG No. 20 of 25 February 2011, p 1414).
(f) Notice of reservation of a state conservation area and national park under section 30A (1) reserving land as Keverstone State Conservation Area and part of Keverstone National Park (GG No. 20 of 25 February 2011, p 1414)
(g) Notice of reservation of an Aboriginal Area under section 30A (1) and (2) reserving land as Ukerbarley Aboriginal Area (GG No. 20 of 25 February 2011, p 1415).
Retail Trading Act 2008—Retail Trading Amendment Regulation 2011 (LW 25 February 2011).
(12) For the week ended 4 March 2011
Animal Diseases (Emergency Outbreaks) Act 1991—Animal Diseases (Emergency Outbreaks) Amendment (Prescribed Persons) Regulation 2011 (LW 3 March 2011).
Assisted Reproductive Technology Act 2007—Assisted Reproductive Technology Amendment Regulation 2011 (LW 2 March 2011).
Building and Construction Industry Long Service Payments Act 1986—Building and Construction Industry Long Service Payments Amendment Regulation 2011 (LW 3 March 2011).
Child Protection (Offenders Registration) Act 2000—Child Protection (Offenders Registration) Amendment Regulation 2011 (LW 3 March 2011).
Civil Procedure Act 2005—Civil Procedure Amendment (Excluded Proceedings) Regulation 2011 (LW 3 March 2011).
Coastal Protection Act 1979—Coastal Protection Regulation 2011 (LW 3 March 2011).
31 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
Commission for Children and Young People Act 1998—Commission for Children and Young People Amendment Regulation 2011 (LW 3 March 2011).
Crown Lands Act 1989—Crown Lands (General Reserves) Amendment (Sustainable Burials) By-law 2011 (LW 3 March 2011).
Election Funding, Expenditure and Disclosures Act 1981—Election Funding and Disclosures Amendment Regulation 2011 (LW 3 March 2011).
Electricity Supply Act 1995—Electricity Supply (General) Amendment Regulation 2011 (LW 3 March 2011).
Energy Services Corporations Act 1995—Energy Services Corporations Amendment (Change of Name) Regulation 2011 (LW 2 March 2011).
Fisheries Management Act 1994—Fisheries Management Legislation Amendment Regulation 2011 (LW 3 March 2011).
Gas Supply Act 1996—Gas Supply (Safety and Network Management) Amendment (Safe Gas Supply) Regulation 2011 (LW 3 March 2011).
Government Information (Public Access) Act 2009—Government Information (Public Access) Amendment (Subsidiary Agencies) Regulation 2011 (LW 3 March 2011).
Health Services Act 1997—Health Services Amendment (Local Health Network Areas) Regulation 2011 (LW 3 March 2011).
Local Government Act 1993—Local Government (General) Amendment (Minimum Rates) Regulation 2011 (LW 3 March 2011).
Marine Safety Act 1998—Marine Safety (General) Amendment Regulation 2011 (LW 3 March 2011).
Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009—Nation Building and Jobs Plan (State Infrastructure Delivery) Amendment (Planning Legislation) Regulation 2011 (LW 3 March 2011).
National Parks and Wildlife Act 1974—
(a) Notices of reservation of a national park under section 30A (1) reserving land as part of: Crowdy Bay National Park (GG No. 24 of 4 March 2011, p 1685); Wollemi National Park (GG No. 24 of 4 March 2011, p 1685); South East Forest National Park (GG No. 24 of 4 March 2011, p 1689).
(b) Notices of reservation of a state conservation area under section 30A (1) and (2) reserving land as: Gandangara State Conservation Area (GG No. 24 of 4 March 2011, p 1685); Macquarie Marshes State Conservation Area (GG No. 24 of 4 March 2011, p 1685); Mugii Murum-ban State Conservation Area (GG No. 24 of 4 March 2011, p 1687).
(c) Notices of reservation of a state conservation area under section 30A (1) reserving land as part of: Dharawal State Conservation Area and land as part of Illawarra Escarpment State Conservation Area (GG No. 24 of 4 March 2011, p 1685); Lachlan Valley State Conservation Area (GG No. 24 of 4 March 2011, p 1686); Werakata State Conservation Area (GG No. 24 of 4 March 2011, p 1689).
(d) Notice of reservation of a Nature Reserve under section 30A (1) reserving land as part of Mount Yarrowyck Nature Reserve (GG No. 24 of 4 March 2011, p 1687).
Native Vegetation Act 2003—Native Vegetation Amendment (Assessment Methodology) Regulation 2011 (LW 3 March 2011). 32 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
Parliamentary Contributory Superannuation Act 1971—Parliamentary Contributory Superannuation Amendment (Family Law) Regulation 2011 (LW 3 March 2011).
Parliamentary Electorates and Elections Act 1912—Parliamentary Electorates and Elections Amendment Regulation 2011 (LW 3 March 2011).
Police Act 1990—Police Amendment (Sergeants Reserve Promotion List) Regulation 2011 (LW 3 March 2011).
Ports and Maritime Administration Act 1995—Ports and Maritime Administration Amendment Regulation 2011 (LW 3 March 2011).
Privacy and Personal Information Protection Act 1998—Privacy and Personal Information Protection Amendment Regulation 2011 (LW 3 March 2011).
Protection of the Environment Operations Act 1997—Protection of the Environment Operations (Waste) Amendment (Australian Packaging Covenant) Regulation 2011 (LW 3 March 2011).
Public Authorities (Financial Arrangements) Act 1987—Public Authorities (Financial Arrangements) Amendment (Landcom) Regulation 2011 (LW 3 March 2011).
Public Finance and Audit Act 1983—
(a) Public Finance and Audit Amendment (Energy Services Corporations) Regulation 2011 (LW 2 March 2011).
(b) Public Finance and Audit Amendment (Illawarra Health and Medical Research Institute Limited) Regulation 2011 (LW 3 March 2011).
Public Health Act 1991—Public Health Legislation Amendment (Fees) Regulation 2011 (LW 3 March 2011).
Road Transport (General) Act 2005—
(a) Road Transport (General) Amendment (Heavy Vehicle) Regulation 2011 (LW 3 March 2011).
(b) Road Transport (General) Amendment (Tracked Vehicles) Regulation 2011 (LW 3 March 2011).
Road Transport (Safety and Management) Act 1999—Road Transport (Safety and Traffic Management) Amendment (Tracked Vehicles) Regulation 2011 (LW 3 March 2011).
Road Transport (Vehicle Registration) Act 1997—Road Transport (Vehicle Registration) Amendment (Tracked Vehicles) Regulation 2011 (LW 3 March 2011).
Swimming Pools Act 1992—Swimming Pools Amendment Regulation 2011 (LW 3 March 2011).
Unlawful Gambling Act 1998—Unlawful Gambling Regulation 2011 (LW 3 March 2011).
Victims Support and Rehabilitation Act 1996—Victims Support and Rehabilitation Amendment (Compensation Levy) Regulation 2011 (LW 3 March 2011).
Water Management Act 2000—
(a) Water Management (General) Amendment (Bega and Brogo Rivers Water Sharing Plan) Regulation 2011 (LW 3 March 2011).
33 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
(b) Water Management (General) Amendment (Greater Metropolitan Region Water Sharing Plans) Regulation 2011 (LW 3 March 2011).
(c) Water Management (General) Amendment (Metering Equipment) Regulation 2011 (LW 3 March 2011).
(d) Water Sharing Plan for the Bega and Brogo Rivers Area Regulated, Unregulated and Alluvial Water Sources 2011 (LW 2 March 2011).
(e) Water Sharing Plan for the Greater Metropolitan Region Groundwater Sources 2011 (LW 2 March 2011).
(f) Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011 (LW 2 March 2011).
Workers Compensation Act 1987—Workers Compensation Amendment (Latest Index Number) Regulation 2011 (LW 3 March 2011).
(13) For the week ended 11 March 2011
Civil Procedure Act 2005—Uniform Civil Procedure Rules (Amendment No. 42) 2011 (LW 11 March 2011).
Crown Lands Act 1989—Proposed revocation of dedication of Crown land for a public purpose under section 84 (GG No. 27 of 11 March 2011, p 1918).
Local Court Act 2007—Practice Note No. 2 of 2011—Forum Sentencing Programme (GG No. 27 of 11 March 2011, p 1950).
National Parks and Wildlife Act 1974—
(a) Erratum (GG No. 27 of 11 March 2011, p 1949).
(b) Erratum (GG No. 27 of 11 March 2011, p 1949).
(14) For the week ended 18 March 2011
Statutory and Other Offices Remuneration Act 1975—Report and Determination pursuant to section 14 of the Act in respect of the Privacy Commissioner (GG No. 28 of 18 March 2011, p 2258).
(15) For the week ended 25 March 2011
Local Court Act 2007—Practice Note Civ 1—Local Court of New South Wales—Case management of civil proceedings in the Local Court (GG No. 31 of 25 March 2011, p 2310).
(16) For the week ended 15 April 2011
Civil Procedure Act 2005—
(a) Uniform Civil Procedure Rules (Amendment No. 43) 2011 (LW 15 April 2011).
(b) Uniform Civil Procedure Rules (Amendment No. 44) 2011 (LW 15 April 2011).
Legal Profession Act 2004—Rule amending Legal Profession Admission Rules 2005 (GG No. 37 of 15 April 2011 p 2649).
Local Court Act 2007—Local Court Practice Note No 5 of 2002—Magistrates Early referral into 34 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
treatment (merit) programme (GG No. 37 of 15 April 2011 p 2649).
(17) For the week ended 22 April 2011
Liquor Act 2007—Liquor Amendment (Restrictions on Authorisation to Trade on Certain Premises) Regulation 2011 (LW 21 April 2011).
Plant Diseases Act 1924—Plant Diseases (Authorisation of Fruit Fly Treatments in the NSW Fruit Fly Exclusion Zone and Risk Reduction Zone) Order 2011 (GG No. 38 of 21 April 2011, p2680).
(18) For the week ended 29 April 2011
Superannuation Act 1916—Superannuation Amendment (Breakdown Pension) Regulation 2011 (LW 29 April 2011).
56 CODE OF CONDUCT
Mr Brad Hazzard moved, by leave, That for the current Parliament, unless otherwise ordered, the following Code of Conduct for Members be adopted:
That this House adopt, for the purposes of section 9 of the Independent Commission Against Corruption Act 1988, the following Code of Conduct–
PREAMBLE
The Members of the Legislative Assembly and the Legislative Council have reached agreement on a Code of Conduct which is to apply to all Members of Parliament.
Members of Parliament recognise that they are in a unique position of being responsible to the electorate. The electorate has the right to dismiss them from office at regular elections.
Members of Parliament acknowledge their responsibility to maintain the public trust placed in them by performing their duties with honesty and integrity, respecting the law and the institution of Parliament, and using their influence to advance the common good of the people of New South Wales.
Members of Parliament acknowledge that their principal responsibility in serving as Members is to the people of New South Wales.
THE CODE
1 Disclosure of conflict of interest
(a) Members of Parliament must take all reasonable steps to declare any conflict of interest between their private financial interests and decisions in which they participate in the execution of their office.
(b) This may be done through declaring their interests on the Register of Disclosures of the relevant House or through declaring their interest when speaking on the matter in the House or a Committee, or in any other public and appropriate manner.
(c) A conflict of interest does not exist where the member is only affected as a member of the public or a member of a broad class.
2 Bribery
(a) A Member must not knowingly or improperly promote any matter, vote on any bill or resolution or ask any question in the Parliament or its Committees in return for any 35 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
remuneration, fee, payment, reward or benefit in kind, of a private nature, which the member has received, is receiving or expects to receive.
(b) A Member must not knowingly or improperly promote any matter, vote on any bill or resolution or ask any question in the Parliament or its Committees in return for any remuneration, fee, payment, reward or benefit in kind, of a private nature, which any of the following persons has received, is receiving or expects to receive:
(i) A member of the Member’s family; (ii) A business associate of the Member; or (iii) Any other person or entity from whom the Member expects to receive a financial benefit.
(c) A breach of the prohibition on bribery constitutes a substantial breach of this Code of Conduct.
3 Gifts
(a) Members must declare all gifts and benefits received in connection with their official duties, in accordance with the requirements for the disclosure of pecuniary interests.
(b) Members must not accept gifts that may pose a conflict of interest or which might give the appearance of an attempt to improperly influence the Member in the exercise of his or her duties.
(c) Members may accept political contributions in accordance with part 6 of the Election Funding Act 1981.
4 Use of public resources
Members must apply the public resources to which they are granted access according to any guidelines or rules about the use of those resources.
5 Use of confidential information
Members must not knowingly and improperly use official information which is not in the public domain, or information obtained in confidence in the course of their parliamentary duties, for the private benefit of themselves or others.
6 Duties as a Member of Parliament
It is recognised that some members are non-aligned and others belong to political parties. Organised parties are a fundamental part of the democratic process and participation in their activities is within the legitimate activities of Members of Parliament.
7 Secondary employment or engagements
Members must take all reasonable steps to disclose at the start of a parliamentary debate:
(a) the identity of any person by whom they are employed or engaged or by whom they were employed or engaged in the last two years (but not if it was before the Member was sworn in as a Member);
(b) the identity of any client of any such person or any former client who benefited from a Member’s services within the previous two years (but not if it was before the Member was sworn in as a Member); and
36 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
(c) the nature of the interest held by the person, client or former client in the parliamentary debate.
This obligation only applies if the Member is aware, or ought to be aware, that the person, client or former client may have an interest in the parliamentary debate which goes beyond the general interest of the public.
This disclosure obligation does not apply if a Member simply votes on a matter; it will only apply when he or she participates in a debate. If the Member has already disclosed the information in the Member’s entry in the pecuniary interest register, he or she is not required to make a further disclosure during the parliamentary debate.
This resolution has continuing effect unless and until amended or rescinded by resolution of the House.
Question put and passed.
57 CITIZENS’ RIGHT OF REPLY
Mr Brad Hazzard moved, by leave, That, during the current Parliament, unless otherwise ordered, the following Citizens’ Right of Reply be adopted:
(1) That where a submission is made in writing by a person who has been referred to in the Legislative Assembly by name, or in such a way as to be readily identified:
(a) claiming that the person or corporation has been adversely affected in reputation or in respect of dealings or associations with others, or injured in occupation, trade, office or financial credit, or that the person’s privacy has been unreasonably invaded, by reason of that reference to the person or corporation; and
(b) requesting that the person be able to incorporate an appropriate response in Hansard,
and the Speaker is satisfied:
(c) that the subject of the submission is not so obviously trivial or the submission so frivolous, vexatious or offensive in character as to make it inappropriate that it be considered by the Standing Orders and Procedure Committee;
(d) the submission was received within 6 months after the relevant comments were made in the House unless the applicant can show exceptional circumstances to explain the delay; and
(e) that it is practicable for the Committee to consider the submission under this resolution, the Speaker shall refer the submission to that Committee.
(2) That the Committee may decide not to consider a submission referred to it under this resolution if the Committee considers that the subject of the submission is not sufficiently serious or the submission is frivolous, vexatious or offensive in character, and such a decision shall be reported to the Legislative Assembly.
(3) That if the Committee decides to consider a submission under this resolution, the Committee may confer with the person who made the submission and any member who referred in the Legislative Assembly to that person or corporation.
(4) That in considering a submission under this resolution, the Committee shall meet in private session.
(5) That the Committee shall not publish a submission referred to it under this resolution of its 37 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
proceedings in relation to such a submission, but may present minutes of its proceedings and all or part of such submission to the Legislative Assembly.
(6) In considering a submission under this resolution and reporting to the Legislative Assembly the Committee shall not consider or judge the truth of any statements made in the Legislative Assembly or the submission.
(7) That in its report to the Legislative Assembly on a submission under this resolution, the Committee may make either of the following recommendations:
(a) that no further action be taken by the Committee or the Legislative Assembly in relation to the submission; or (b) that a response by the person who made the submission, in terms specified in the report and agreed to by the person or corporation and the Committee, be published by the Legislative Assembly or incorporated in Hansard, and shall not make any other recommendations.
(8) That a document presented to the Legislative Assembly under paragraph (5) or (7):
(a) in the case of a response by a person or corporation who made a submission, shall be succinct and strictly relevant to the questions in issue and shall not contain anything offensive in character; and
(b) shall not contain any matter the publication of which would have the effect of: (i) unreasonably adversely affecting or injuring a person or corporation, or unreasonably invading a person’s privacy, in the manner referred to in paragraph (1); or (ii) unreasonably adding to or aggravating any such adverse effect, injury or invasion of privacy suffered by a person.
(9) That a corporation making a submission under this resolution is required to make it under their common seal.
Question put and passed.
58 DAYS OF MEETING
Mr Brad Hazzard moved, That unless otherwise ordered, the House meet during the 2011 autumn and spring sittings as follows:
Autumn Sittings: May 4, 5, 6, 9, 10, 11, 12, 24, 25, 26, 27, 30, 31; June 1, 2, 14, 15, 16, 17, 20, 21, 22, 23.
Spring Sittings: August 2, 3, 4, 5, 8, 9, 10, 11, 23, 24, 25, 26; September 6, 7, 8, 9, 12, 13, 14, 15; October 11, 12, 13, 14, 17, 18,19, 20; November 8, 9, 10, 11, 22, 23, 24, 25.
Question put and passed.
59 SESSIONAL ORDERS
Mr Brad Hazzard moved, by leave, That the following sessional orders be now adopted:
ROUTINE OF BUSINESS
That, during the current session, unless otherwise ordered Standing Order 97 shall read as follows:
97. The House shall conduct its business in the following routine: 38 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
First Sitting Day of the week 1. At 1.00 p.m. (Speaker takes the Chair) 2. Private Members’ Statements (Speaker leaves Chair at 2.00 pm) 3. At 2.15 p.m. (Speaker resumes Chair) 4. Ministerial Statements 5. Notices of Motions (Government Business, Bills, Business with Precedence) 6. Notices of Motions to be Accorded Priority 7. Question Time 8. Ministerial Statements 9. Papers 10. Committees – Tabling of reports and notification of inquiries 11. Petitions 12. Announcement of Matter of Public Importance 13. Placing or Disposal of Business 14. Motion Accorded Priority 15. Business with Precedence 16. At 4.30 p.m. Business before the House is interrupted for Government Business. Any interrupted business lapses except when the House is considering Business with Precedence which will stand as an order of the day for tomorrow. 17. At 7.00 p.m. Business before the House is interrupted for the giving of General Business Notices of Motions. Any interrupted item of Government Business shall stand as an order of the day for tomorrow. If at the time of interruption a division is in progress, that division shall be completed. 18. Matter of Public Importance. 19. Private Members’ Statements 20. Adjournment at 7.30 p.m. or at the conclusion of the Private Members’ Statements, if concluded before 7.30 p.m.
Second Sitting Day of the week 1. At 10.00 a.m. (Speaker takes Chair) 2. Government Business concluding at 1.30 p.m. Any interrupted item of Government Business shall stand as an order of the day for a later hour of the day. If at the time of interruption a division is in progress, that division shall be completed. 3. At 2.15 p.m. (Speaker resumes Chair) 4. Ministerial Statements 5. Notices of Motions (Government Business, Bills, Business with Precedence) 6. Notices of Motions to be Accorded Priority 7. Question Time 8. Ministerial Statements 9. Papers 10. Committees– Tabling of reports and notification of inquiries 11. Petitions 12. Announcement of Matter of Public Importance 13. Re-ordering of General Business Orders of the Day (for Bills) 14. Placing or Disposal of Business 15. Motion Accorded Priority 16. Business with Precedence 17. At 4.30 p.m. Business before the House is interrupted for Government Business. Any interrupted business lapses except when the House is considering Business with Precedence which will stand as an order of the day for tomorrow. 18. At 5.45 p.m. Business before the House is interrupted for the giving of General Business Notices of Motions. Any interrupted item of Government Business shall stand as an order of the day for tomorrow. If at the time of interruption a division is in progress, that division shall be completed. 19. Matter of Public Importance 20. Private Members’ Statements 21. Adjournment at 7.30 p.m. or at the conclusion of Private Members’ Statements, if concluded before 7.30 p.m.
39 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
Third Sitting Day of the week 1. At 10.00 a.m. (Speaker takes Chair) 2. Government Business concluding at 1.30 p.m. Any interrupted item of Government Business shall stand as an order of the day for a later hour of the day. If at the time of interruption a division is in progress, that division shall be completed. 3. At 2.15 p.m. (Speaker resumes the Chair) 4. Ministerial Statements 5. Notices of Motions (Government Business, Bills, Business with Precedence and notices to be subject of a motion to re-order later in the sitting) 6. Notices of Motions to be Accorded Priority 7. Question Time 8. Ministerial Statements 9. Papers 10. Committees – Tabling of reports and notification of inquiries 11. Petitions 12. Announcement of Matter of Public Importance 13. Re-ordering of General Business (Notices of Motions) 14. Placing or Disposal of Business 15. Motion Accorded Priority 16. Business with Precedence 17. At 4.00 p.m., or at the conclusion of the Motion Accorded Priority if earlier than 4.00 p.m., business before the House is interrupted for General Business Orders of the Day for Bills. Any interrupted item of business lapses except when the House is considering Business with Precedence which will stand as an order of the day for tomorrow. 18. At 5.00 p.m., or, if General Business commences prior to 4.00 p.m., after the expiry of 60 minutes from the commencement of General Business Orders of the Day for Bills, business before the House is interrupted for Government Business. Any interrupted General Business Order of the Day for Bills shall stand as an order of the day for tomorrow. If at the time of interruption a division is in progress, that division shall be completed. 19. At 6.00 p.m., or at the conclusion of Government Business if earlier than 6.00 p.m., business before the House is interrupted for the giving of General Business Notices of Motions. Any interrupted Government Business shall stand as an order of the day for tomorrow. If at the time of interruption a division is in progress, that division shall be completed. 20. Matter of Public Importance 21. Private Members’ Statements 22. Adjournment at 7.30 p.m. or at the conclusion of Private Members’ Statements, if concluded before 7.30 p.m.
Last Sitting Day of the week 1. At 10.00 a.m. (Speaker takes Chair) 2. General Business Notices of Motions for Bills (concluding not later than 10.30 a.m.) 3. General Business Notices of Motions or Orders of the Day (not being Bills) concluding at 12.15 p.m. Any interrupted business shall stand as an order of the day for tomorrow with precedence of other General Business (not being Bills). If at the time of interruption a division is in progress that division and any other division(s) to determine the matter shall be completed. 4. Government Business 5. At 1.00 p.m. Business before the House is interrupted for consideration of committee reports presented, until 2.00 p.m. Any interrupted item of Government Business shall stand as an order of the day for tomorrow. If at the time of interruption a division is in progress, that division shall be completed. 6. At 2.15 p.m. (Speaker resumes the Chair) 7. Ministerial Statements 8. Notices of Motions (Government Business, Bills, Business with Precedence) 9. Question Time 10. Ministerial Statements 11. Papers 12. Committees – Tabling of reports and notification of inquiries 40 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
13. Petitions 14. Business with Precedence 15. General Business Notices of Motions – Giving of 16. Private Members’ Statements 17. Adjournment at 4.30 p.m. or at the conclusion of Private Members' Statements, if concluded before 4.30 p.m.
BELLS
That, during the current session, unless otherwise ordered Standing Order 35 shall read as follows:
35. The timing for bells is as follows:
First Sitting Day of the week Bells are rung at 12.45 p.m., 12.56 p.m., 12.58 p.m. and at 2.13 p.m.
Second, Third and Last Sitting Day of the week Bells are rung at 9.45 a.m., 9.56 a.m., 9.58 a.m. and at 2.13 p.m.
After lunch Bells are rung at 2.00 p.m. and at 2.13 p.m.
Division First bell 10 seconds, pause 10 seconds; second bell 10 seconds, pause 10 seconds; third bell 20 seconds. The doors are locked four minutes after the bells are first rung.
Quorum One long continuous bell (for up to four minutes until a quorum is present in the Chamber).
House adjournment Two short bells.
One long bell A continuous bell rung at the discretion of the Chair.
RESTRICTIONS ON QUORUM CALLS
That, during the current session, unless otherwise ordered, Standing Order 45 shall read as follows:
45. Members shall not be permitted to call attention to the want of a quorum:
(1) During Private Members’ Statements; (2) During Matters of Public Importance; or (3) Before 10.30 a.m. on any sitting day.
ADJOURNMENT WITHOUT MOTION
That, during the current session, unless otherwise ordered, Standing Order 46 shall read as follows:
46. Unless otherwise ordered, the House shall be adjourned without motion moved at 7.30 p.m. on the First, Second and Third Sitting Day of the week (or at the conclusion of Private Members’ Statements if before 7.30 p.m.); and at 4.30 p.m. on the Last Sitting Day of the week (or at the conclusion of Private Members’ Statements if before 4.30 p.m.).
MAXIMUM TIME LIMITS FOR DEBATES AND SPEECHES
That, during the current session, unless otherwise ordered, Standing Order 85 be amended as follows: 41 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
Private Members’ Statements (SO 108)
Up to twenty four Members within the time allocated in the routine of business - 5 minutes Replies by Ministers - 1 minute.
MATTERS OF PRIVILEGE NOT SUDDENLY ARISING
That, during the current session, unless otherwise ordered, Standing Order 92 shall read as follows:
92. Except as provided in Standing Order 91 and in paragraph (5) of this Standing Order, a matter of privilege or contempt shall be brought before the House as follows:
(1) A Member desiring to raise a matter of privilege or contempt must inform the Speaker of the details in writing. (2) The Speaker must consider the matter within 14 days and decide whether a motion to refer the matter to the Standing Committee on Parliamentary Privilege and Ethics (the Committee) is to take precedence under the Standing Orders. The Speaker must notify this decision in writing to the Member. (3) While a matter is being considered by the Speaker, a Member must not take any action or refer to the matter in the House. (4) If the Speaker decides that a motion for referral should take precedence, the Member may, at any time when there is no business before the House, give notice of a motion to refer the matter to the Committee. The notice must take precedence under Standing Order 118 on the next sitting day. (5) If the Speaker decides that the matter should not be the subject of a notice of referral, a Member is not prevented from giving a notice of motion in relation to the matter. Such notice shall not have precedence. (6) If notice of a motion is given under paragraph (4), but the House is not expected to meet on the day following the giving of the notice, with the leave of the House, the motion may be moved at a later hour of the sitting at which the notice is given.
FRIDAY SITTINGS
That, during the current session, unless otherwise ordered, Standing Order 98 shall be suspended.
PLACING OR DISPOSAL OF BUSINESS
That, during the current session, unless otherwise ordered, Standing Order 100 shall read as follows:
100. The procedure for the placing or disposal of business (with the exception of establishing the program for General Business in accordance with Standing Order 101) is:
(1) Each sitting day, except for the Last Sitting Day of the week, in accordance with the routine of business, the Speaker shall ask if any Member wishes to postpone, withdraw or discharge any notice of motion or order of the day. (2) A Member may, without debate, withdraw or postpone any notice of motion standing in their name on the Business Paper for that day. (3) A Member may, without debate, postpone, or by motion, move to discharge an order of the day standing in their name on the Business Paper for that day. (4) An Order of the Day for a bill may be discharged and the bill withdrawn on one motion. (5) A Member, with the written authority of another Member, may act on behalf of that Member in regard to this Standing Order.
PROGRAM FOR GENERAL BUSINESS DAYS
That, during the current session, unless otherwise ordered, Standing Order 101 shall read as follows:
42 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
101. The procedure for establishing the program for General Business Days is as follows:
(1) On the Second Sitting Day of the week, Members shall advise the Clerk in writing by 12.00 noon which General Business Notices of Motions for Bills, Orders of the Day for Bills, or Notices of Motions (not for Bills) standing in their name on the Business Paper are to be postponed. Party Whips may also advise the Clerk in writing of which items of General Business standing in the name of Members of their party are to be postponed. (2) The first ten notices on the Business Paper, not advised to be postponed by 12.00 noon on the Second Sitting Day of the week, will be deemed to be proceeding. Any General Business Order of the Day for Bills or General Business Notice of Motion re-ordered by the House to have precedence in accordance with Standing Orders 97 and 106 will retain such precedence over all General Business. (3) On any day when General Business is being considered by the House, a Member may, without debate: (a) withdraw or postpone any notice of motion standing in their name on the Business Paper for that day. (b) postpone, or on motion, discharge an Order of the Day standing in their name on the Business Paper for that day. (c) discharge an Order of the Day for a Bill on motion without debate or amendment, “That the Order of the Day be discharged and the Bill withdrawn”.
GENERAL BUSINESS
That, during the current session, unless otherwise ordered, Standing Order 105 shall read as follows:
105. (1) General Business Notices of Motions and Orders of the Day shall retain their relative places on the Business Paper and be considered in the order in which they are given or set down. (2) General Business interrupted by the operation of the routine of business shall stand adjourned and be set down as an order of the day for a future day with precedence of other notices and orders unless a General Business Order of the Day or Notice of Motion has been accorded precedence in accordance with Standing Order 106. (3) General Business Notices of Motions and Orders of the Day not commenced or completed 12 months from the date given shall lapse.
RE-ORDERING OF GENERAL BUSINESS
That, during the current session, unless otherwise ordered, Standing Order 106 shall read as follows:
106. At the re-ordering of General Business Orders of the Day (for Bills) in the routine of business on the Second Sitting Day of the week and General Business (Notices of Motions) in the routine of business on the Third Sitting Day of the week:
(1) Any two Private Members may move to re-order their order of the day for resumption of the debate on their bill to be granted precedence of other orders of the day on the Third Sitting Day of the week. (2) Any two Private Members may move to re-order the Member’s general business notice of motion to be granted precedence of other notices on the Last Sitting Day of the week. (3) The carrying of one motion in (1) or (2) above prevents another Member moving a subsequent motion. (4) On a motion for re-ordering, the Member in charge of the bill or notice of motion shall be permitted to make a statement of up to 5 minutes and one other Member may reply for up to 5 minutes.
DEBATE ON GENERAL BUSINESS NOTICES OF MOTIONS
That, during the current session, unless otherwise ordered, Standing Order 107 shall read as follows: 43 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
107. (1) On the Last Sitting Day of the week, from 10.30 a.m., the House shall consider General Business Notices of Motions or Orders of the Day (not being Bills). (2) Any debate interrupted will be set down as an Order of the Day and shall have precedence over General Business Notices of Motions. (3) In each debate the following time limits shall apply: Mover - 10 minutes Member next speaking - 10 minutes Four Members - 5 minutes each Reply - 5 minutes
PRIVATE MEMBERS’ STATEMENTS
That, during the current session, unless otherwise ordered, Standing Order 108 shall read as follows:
108. The procedure for Private Members' Statements is as follows:
(1) In accordance with the routine of business, the Speaker shall ask if there are any Private Members’ Statements. (2) Up to 24 Members may speak, within the time allocated in the routine of business, for up to 5 minutes each and replies by Ministers shall be limited to 1 minute each. (3) Private Members’ Statements may be taken between items of business with the leave of the House for a specified period or a specified number of Members or until certain business is to be conducted as notified by the Minister in charge of the House at that time. (4) A division on any question or quorum call shall not be permitted during Private Members’ Statements. (5) At the conclusion of Private Members’ Statements on any sitting day, or at the time set by the routine of business for adjournment, the House shall adjourn without motion moved until the next sitting day.
WRITTEN QUESTIONS
That, during the current session, unless otherwise ordered, Standing Order 132 shall read as follows:
132. The procedure for written questions is as follows:
(1) Questions shall be handed to one of the Clerks-at-the-Table or lodged in the Table Office by 12.00 noon. (2) A question containing argument, unbecoming expressions or otherwise not conforming with the practice of the House may: (a) Under the authority of the Speaker, be amended by the Clerk or divided if it contains matters that are not relevant to each other. (b) Be ordered not to be printed by the Speaker or removed from the Questions and Answers Paper. (3) The number of questions able to be lodged over one sitting week are: (a) Members – Twelve questions per sitting week (b) Leader of the Opposition – Sixteen questions per sitting week. (4) Ministers shall lodge answers to written questions within 35 calendar days after the question is first published. On sitting days answers must be submitted by 12.00 noon on the due date, to be published in the next sitting day's paper. Any answers lodged after this time will be published at a subsequent time. Answers must be signed and lodged in hard copy and also electronically. (5) If an answer to a written question is not received within 35 calendar days the Speaker, at the next sitting day after the expiry date, shall forthwith inform the House and the Minister shall immediately explain to the House the reason for non-compliance. (6) If the Minister, after explanation in the House, has not submitted an answer within 3 sitting days the Speaker shall again inform the House and the Minister shall again be called to explain with such procedure continuing until a written answer is submitted. 44 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
RESTRICTIONS ON DIVISIONS
That, during the current session, unless otherwise ordered, Standing Order 187 shall read as follows:
187. The House shall not conduct a division on any question before 10.30 a.m. on days when the House meets at an earlier time, during Private Members’ Statements or during Matters of Public Importance. If a division is called prior to 10.30 a.m. on such days, the division shall be deferred and conducted at 10.30 a.m. and any business then before the House shall be interrupted and recommenced after the division(s).
COMMITTEE REPORTS – TABLING IN THE HOUSE AND DEBATE
That, during the current session, unless otherwise ordered Standing Order 306 shall read as follows:
306. (1) The report and associated documents of any committee (not being a legislation committee) shall be presented at the time provided in the routine of business, or at any other time with the leave of the House. (2) The Member presenting the report may move “That the document be printed”. This question shall be decided without debate or amendment. (3) Reports from committees shall stand in the order in which they are presented (or reported by the Clerk when received during an adjournment) as Orders of the Day “That the House take note of the Report”. (4) Such Orders of the Day may be considered between 1.00 p.m. and 2.00 p.m. on the Last Sitting Day of the week. Any interrupted item of business shall stand as an Order of the Day for tomorrow. (5) Debate on an Order of the Day may be adjourned and the resumption of the debate set down as an Order of the Day for tomorrow. (6) When the Order of the Day is called on and not proceeded with, consideration of the report shall be postponed until the next sitting day when reports are considered. If the Order of the Day is called on at that subsequent sitting and is not proceeded with, the question shall be put. (7) If a committee has more than one report on the Business Paper, the Chair or Member who tabled the report may move a motion without notice, amendment or debate to facilitate the consideration of two or more of the committee's reports together. (8) The Member tabling the report may speak for up to 10 minutes and any other Member may speak for up to 5 minutes to the question “That the House take note of the Report” with the question being put after 30 minutes. No reply is permitted. (9) Orders of the Day not commenced or not completed 12 months from the date of tabling shall lapse.
Question put and passed.
60 PRIVATE MEMBERS’ STATEMENTS
Mr Brad Hazzard obtained the leave of the House for private members’ statements to be taken forthwith until 6.00 pm.
Private members’ statements were made. ______
The Deputy Speaker left the Chair at 5.18 pm.
The Speaker resumed the Chair at 6.00 pm. ______
61 THE GOVERNOR’S OPENING SPEECH
Ms Robyn Parker moved, That the following address be adopted by this House, in reply to the speech 45 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 3 May 2011
which Her Excellency made to both Houses of Parliament:
“To Her Excellency Professor Marie Bashir, Companion of the Order of Australia, Commander of the Royal Victorian Order and Governor of the State of New South Wales in the Commonwealth of Australia.
May it please Your Excellency –
We, the Members of the Legislative Assembly of the State of New South Wales, in Parliament assembled, desire to express our thanks for Your Excellency’s speech, and to express our loyalty to Australia and the people of New South Wales.
We assure Your Excellency that our earnest consideration will be given to the measures to be submitted to us, and that we will faithfully carry out the important duties entrusted to us by the people of New South Wales.
We join Your Excellency in the hope that our labours may be so directed as to advance the best interests of all sections of the community.”
Ms Robyn Parker obtained an extension of time.
Mr Graham Annesley seconded the motion.
Mr Graham Annesley obtained an extension of time.
Debate ensued.
Mr Adrian Piccoli moved, That this debate be now adjourned.
Question put and passed.
Ordered, That the resumption of the debate stand an order of the day for tomorrow.
62 ADJOURNMENT
Mr Adrian Piccoli moved, That this House do now adjourn.
Question put and passed.
The House adjourned accordingly at 7.01 pm, until tomorrow, at 10.00 am.
Attendance: All members present.
RUSSELL D. GROVE PSM SHELLEY HANCOCK Clerk of the Legislative Assembly Speaker ______
Authorised by the Parliament of New South Wales