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LEGISLATIVE COUNCIL
MINUTES OF PROCEEDINGS
No. 45
TUESDAY 11 OCTOBER 2011
Contents
1 Meeting of the House ...... 457 2 Assents to Bills ...... 457 3 Papers relating to the Police Integrity Commission ...... 457 4 Government responses to various committee reports ...... 458 5 Cootamundra sesquicentenary (Formal Business) ...... 459 6 The Gasnier Foundation (Formal Business) ...... 459 7 Australian Arab Business Network (Formal Business) ...... 460 8 Mr Jihad Dib, Secondary Principal of the Year (Formal Business) ...... 460 9 Archbishop Issam John Darwish (Formal Business) ...... 461 10 Billy Ali Dib—IBF Featherweight Champion (Formal Business) ...... 462 11 UnitingCare Burnside (Formal Business) ...... 462 12 Anti-Poverty Week (Formal Business) ...... 463 13 Feros Care (Formal Business) ...... 464 14 Mental Health Month (Formal Business) ...... 464 15 Rona Tranby Trust (Formal Business) ...... 465 16 Ignite Volunteering Management Conference (Formal Business) ...... 465 17 Distinguished visitors ...... 466 18 Clerk of the Parliaments sworn ...... 466 19 Printing of Tabled Papers ...... 467 20 Papers—Tabled by Minister ...... 467 21 Legislation Review Committee—Report ...... 467 22 Papers—Presented to Parliament out of Session ...... 467 23 Statutory Rules and Instruments—Tabled by the Clerk ...... 467 24 Auditor-General—Report...... 468 25 Returns to Orders ...... 469 (1) 2011-2012 Budget ...... 469 (2) 2011-2012 Budget finances ...... 469 (3) Casino, Liquor And Gaming Control Authority ...... 469 26 Petitions ...... 469 27 Notices of Motions ...... 470 28 Business Postponed ...... 470 29 Statement by President—Presentation of Address-in-reply ...... 470
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30 Special Adjournment ...... 470 31 Answers to Questions Without Notice ...... 471 32 Sporting Venues Authorities Amendment (Venues NSW) Bill 2011 ...... 471 33 Industrial Relations Amendment (Non-operative Awards) Bill 2011 ...... 471 34 Budget Estimates 2011-2012—Take Note ...... 472 35 Questions ...... 472 36 Business Postponed ...... 472 37 Vacancy in the Representation of the State in the Senate of the Commonwealth of Australia ...... 472 38 Budget Estimates 2011-2012—Take Note ...... 472 39 Message from the Legislative Assembly—Thoroughbred Racing Amendment Bill 2011 ...... 473 40 Adjournment ...... 473 41 Attendance ...... 473
457 Legislative Council Minutes No. 45—Tuesday 11 October 2011
1 MEETING OF THE HOUSE
The House met at 2.30 pm according to adjournment. The President took the Chair.
According to standing order, the President nominated Revd Mr Nile to read the prayers in acknowledgement of the 30th anniversary of his first election to the Legislative Council.
Revd Mr Nile read the prayers.
The President acknowledged the Gadigal clan of the Eora nation and its elders and thanked them for their custodianship of this land.
2 ASSENTS TO BILLS
The President reported messages from Her Excellency the Governor intimating assent to the following bills:
Act No. 20 September 2011 2011
Appropriation Bill 2011 ...... 42 Duties Amendment (First Home-New Home) Bill 2011 ...... 43 Business Names (Commonwealth Powers) Bill 2011 ...... 44 Identification Legislation Amendment Bill 2011 ...... 45 Veterinary Practice Amendment (Interstate Veterinary Practitioners) Bill 2011 ...... 46
3 PAPERS RELATING TO THE POLICE INTEGRITY COMMISSION
The President, according to the Police Integrity Commission Act 1996, tabled the following reports:
(1) Annual report of the Inspector of the Police Integrity Commission for the year ended 30 June 2011.
(2) Special Report of the Police Integrity Commission pursuant to Section 98 of the Act regarding publication of complaint reports by the Inspector of the Police Integrity Commission received on 19 September 2011 together with correspondence addressed to the Presiding Officers from the Commissioner of the Police Integrity Commission, dated 5 October 2011, enclosing a copy of an opinion dated 4 October 2011 from Bret Walker, SC, for inclusion in the Special Report.
The President further tabled the following associated documents:
(3) Correspondence addressed to the Clerks from the Acting Commissioner, Police Integrity Commission, dated 14 September 2011.
(4) Correspondence addressed to the Presiding Officers from the Inspector of the Police Integrity Commission, dated 19 September 2011.
(5) Correspondence from the Presiding Officers addressed to the Inspector of the Police Integrity Commission, dated 19 September 2011.
(6) Correspondence from the Clerks addressed to the Crown Solicitor dated 21 September 2011 seeking advice in respect of the making public and tabling of the Annual Report of the Inspector of the Police Integrity Commission for the year ended 30 June 2011.
(7) Advice addressed to the Clerks from the Crown Solicitor dated 26 September 2011 in response to the request of 21 September 2011.
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(8) Correspondence addressed to the Presiding Officers from the Inspector of the Police Integrity Commission, dated 27 September 2011, in relation to PIC Inspector's 2011 Annual Report.
(9) Correspondence addressed to the Presiding Officers from the Inspector of the Police Integrity Commission, dated 28 September, 2011 in relation to PIC Inspector's 2011 Annual Report.
(10) Correspondences addressed to the Presiding Officers from the Inspector of the Police Integrity Commission, dated 5 October 2011, in relation to PIC Inspector's 2011 Annual Report enclosing various correspondence.
(11) Correspondence addressed to the Presiding Officers from the Inspector of the Police Integrity Commission, dated 7 October 2011, in relation to PIC Inspector's 2011 Annual Report.
(12) Correspondence addressed to the Presiding Officers from the Inspector of the Police Integrity Commission, dated 7 October 2011, in relation to PIC Inspector's 2011 Annual Report: Opinion of Mr Bret Walker, SC.
(13) Correspondence addressed to the Inspector of the Police Integrity Commission, from the Presiding Officers, dated 7 October 2011 enclosing correspondence.
(14) Correspondence addressed to the Presiding Officers from the Inspector of the Police Integrity Commission, dated 11 October 2011, in relation to their letter, dated 7 October 2011.
(15) Correspondence addressed to the Chair, Joint Committee on the Office of the Ombudsman and the Police Integrity Commission from the Acting Commissioner, Police Integrity Commission, dated 21 September 2011.
(16) Correspondence addressed to the Director, Legislative Assembly Committees, from the Inspector of the Police Integrity Commission, dated 27 September 2011.
(17) Copies of Media Statements released by the Presiding Officers dated 28 and 29 September 2011.
(18) Copy of the Crown Solicitor's opinion addressed to the Clerk of the Legislative Assembly, dated 26 February 2009, in relation to the publication of a complaint report by the Inspector of the Police Integrity Commission.
Ordered, on motion of Mr Gallacher: That the documents be printed.
4 GOVERNMENT RESPONSES TO VARIOUS COMMITTEE REPORTS
The President reported that, under standing order 233 (4), Government responses have not been received to the following committee reports tabled during the last session of Parliament:
(1) Standing Committee on State Development:
(a) Report No. 34 entitled “New South Wales Planning Framework”, dated December 2010— response due 10 June 2010
(b) Report No. 35 entitled “Wine grape market and prices”, dated December 2010—response due 3 June 2011.
(2) Standing Committee on Law and Justice:
(a) Report No. 42 entitled “Spent convictions for juvenile offenders”, dated July 2010— response due 6 January 2011
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(b) Report No. 43 entitled “Review of the exercise of the functions of the Motor Accidents Authority and the Motor Accidents Council—Tenth Report”, dated October 2010— response due 28 April 2011
(c) Report No. 45 entitled “Review of the Lifetime Care and Support Authority and the Lifetime Care and Support Advisory Council - Third Report”, dated November 2010— response due 11 May 2011.
(3) Report No. 44 of the Standing Committee on Social Issues entitled “Inquiry into services provided or funded by the Department of Ageing, Disability and Home Care”, dated November 2010— response due 11 May 2011.
(4) Report of the Select Committee on Recreational Fishing entitled “Recreational fishing in New South Wales”, dated December 2010—response due 10 June 2011.
(5) Report No. 32 of General Purpose Standing Committee No. 5 entitled “Inquiry into the RSPCA raid on the Waterways Wildlife Park”, dated September 2010—response due 9 March 2011.
(6) Report No. 36 of General Purpose Standing Committee No. 1 entitled “The Gentrader transactions”, dated February 2011—response due 22 August 2011.
The President tabled correspondence relating to the matter from the Leader of the House to the Clerk of the Parliaments, dated 7 September 2011 and advice by the Clerk of the Parliaments, dated 9 September 2011 in response.
5 COOTAMUNDRA SESQUICENTENARY (Formal Business)
Mr Veitch moved, according to notice:
1. That this House notes that:
(a) on 9 August 1861 there appeared the following in the Government Gazette:
“Notice is hereby given, that a site has been fixed upon for a Town at the undermentioned place to be called Cootamundry, and that copies of the approved plan have been deposited for public inspection and information, at the Offices of the Surveyor General in Sydney, and the Land Agent at Gundagai, viz:- Cootamundry situated on the road from Wagga Wagga to Yass, on Mutta Muttama Creek, in the County of Harden, Lachlan District, about fifteen miles north-west of Gundagai, and ten miles south-west of Murrimboola.”, and
(b) on the weekend of 13 and 14 August 2011 the township of Cootamundra celebrated its sesqui-centenary.
2. That this House extends its congratulations to the township of Cootamundra on achieving such a significant milestone.
Question put and passed.
6 THE GASNIER FOUNDATION (Formal Business)
Mr Moselmane moved, according to notice:
1. That this House notes that:
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(a) the Gasnier Foundation was founded by Mark Gasnier and Dr Zoran Becvarovski to fight cancer and rally community support for the first fund raising objective for a Positron Emission Tomography (PET) scanner for St George Hospital,
(b) Gasnier Foundation board members include Mark Gasnier, Dr Zoran Becvarovski, Richard Horton, Paul Signorelli, Anna Cesarano, John Papaspiros, Claudine Gasnier, Professor Terry Diamond and the Honourable Shaoquett Moselmane,
(c) the Gasnier Foundation will hold its inaugural Gala Fund raising Dinner at Doltone House, Darling Island Wharf in Pyrmont on Wednesday 31 August 2011,
(d) amongst the many sporting identities in attendance in support of this project will be Wayne Bennet, Andrew Johns, Billy Dib, Paul Gallen, Ricky Stuart, Geoff Huegill, Michael Ennis, Brad Mackay, together with many other sporting, corporate, medical, political and media representatives,
(e) all funds raised will go towards the purchase of a $3.5 million PET scanner at St George Hospital, as the hospital has been trying to obtain such a scanner for the past ten years without success, and
(f) the PET Scanner at St George Hospital will be the only scanner to exist between Kingsford Smith Airport and Canberra Hospital.
2. That this House congratulates Mark Gasnier, Dr Zoran Becvarovski and all other Gasnier Foundation members for their wonderful initiative, and wishes the Gasnier Foundation every success in this initiative and future endeavors.
Question put and passed.
7 AUSTRALIAN ARAB BUSINESS NETWORK (Formal Business)
Mr Moselmane moved, according to notice:
1. That this House notes that the Australian Arab Business Network has embraced young entrepreneurs by:
(a) creating a new category of membership for young businessmen and women,
(b) engaging young people who are job or business ready following their tertiary education graduation, and
(c) promoting recent graduates and young people with exceptional talents under the age of 25.
2. That this House:
(a) congratulates the Australian Arab Business network on this forward-looking initiative, and
(b) wishes all young graduates the best in their future work and business endeavors.
Question put and passed.
8 MR JIHAD DIB, SECONDARY PRINCIPAL OF THE YEAR (Formal Business)
Mr Moselmane moved, according to notice:
1. That this House notes that:
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(a) at the Parents and Citizens’ Federation Annual Conference July 2011, the Federation of Parents and Citizens’ Associations of New South Wales presented the Secondary Principal of the Year award to Mr Jihad Dib from Punchbowl Boys High School,
(b) Mr Dib has been the Principal of Punchbowl Boys’ High School for the past five years and a participant in the NSW Police Force’s Community Awareness of Policing Program,
(c) Mr Dib has spent the past nine years working in schools and catering to communities identified as low socio economic in status, and is passionate about ensuring all students have the opportunities to succeed in life, regardless of their economic and cultural background,
(d) Mr Dib is an active participant in the NSW Police Force Community Awareness of Policing Program and continues to work in the wider field of maintaining community harmony and cohesion,
(e) in May 2009, Mr Dib was appointed as a Commissioner to the NSW Community Relations Commission for a Multicultural New South Wales, and
(f) Mr Dib is a vocal supporter of public education and is often called on by government agencies for his input into educational and social issues.
2. That this House congratulates:
(a) Mr Jihad Ali Dib on his award and on his community contribution to the NSW Community Relations Commission, education, policing and community harmony, and
(b) Punchbowl Boys High School for receiving the National Literacy and Numeracy Award and the Director General’s Award.
Question put and passed.
9 ARCHBISHOP ISSAM JOHN DARWISH (Formal Business)
Mr Moselmane moved, according to notice:
1. That this House notes that:
(a) Most Rev Bishop Issam John Darwish has been enthroned as the Archbishop of the Greek Catholic Melkite diocese of Zahle and Forzol in Bekaa, Lebanon,
(b) His Grace was born 1945 in Damascus Syria and is the grandson of the late Rev Fr Peter (Boutros) Khoury Darwish,
(c) His Grace was ordained a Deacon at Holy Saviour Monastery, Lebanon in 1971 and in September 1972 he was ordained by Archbishop Saba Youakim into the Sacred Priesthood,
(d) from 1983 until his arrival in Australia in 1993, His Grace founded and built a number of schools, orphanages, centres for peace, associations and cooperatives,
(e) in September 1989, the President of the Republic of Lebanon, His Excellency, The Honourable Elias Harawi, awarded Bishop Darwish with the Gold Medal for Services to Education in Lebanon,
(f) on 2 June 1996, Bishop Issam John was enthroned as Melkite Greek-Catholic Eparch of Australia and in 1997 he established the first Melkite Catholic Centre in Australia,
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(g) in 1999, His Holiness, Pope John Paul II granted His Grace the responsibility of the Melkite Catholics in New Zealand,
(h) on 3 April 201l, the Arabic Heritage League awarded his Grace with Gibran Khalil Gibran International Awards for his Services to Interfaith Dialogue, and
(i) in 2003, His Grace founded the Australian Christian Muslim Friendship Society.
2. That this House congratulates:
(a) His Grace for his elevation as the Archbishop of the Greek Catholic Melkite diocese of Zahle and Forzol in the Bekaa, Lebanon,
(b) the Australian Melkite community for embracing and following the path of Bishop Darwish, and
(c) the Australian Christian Muslim Friendship Society.
Question put and passed.
10 BILLY ALI DIB—IBF FEATHERWEIGHT CHAMPION (Formal Business)
Mr Moselmane moved, according to notice:
1. That this House notes that:
(a) Billy Ali Dib recently won the International Boxing Federation (IBF) Featherweight Championship,
(b) Billy Dib began boxing at the age of 12 and, as an amateur, won 98 of 113 bouts,
(c) Billy Dib has become Australian Champion on three occasions and represented Australia at many international tournaments including World Championships, and
(d) Billy Dib turned professional at the age of 18 and has won the following titles: (i) Australian Super Featherweight Champion, (ii) IBO Asia Pacific Super Featherweight Champion, (iii) IBO Asia Pacific Featherweight Champion, (iv) IBO Super Featherweight Champion, (v) Interim WBC Youth World Featherweight Champion, (vi) IBF Pan Pacific Youth Featherweight Champion.
2. That this House congratulates Billy Ali Dib and his family on Billy’s IBF Featherweight Champion win.
Question put and passed.
11 UNITINGCARE BURNSIDE (Formal Business)
Ms Fazio moved, according to notice:
1. This House notes that:
(a) this year, UnitingCare Burnside will honour its one hundred year contribution to the social welfare of underprivileged children, young people and their families through its multifaceted Centenary Campaign,
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(b) the vision and purpose of Burnside is “Safe children, strong families, inclusive communities in a just society” and “Working together to transform lives by creating opportunities and building resilience to break the cycle of disadvantage”,
(c) UnitingCare Burnside is an agency of the Uniting Church in Australia and a leading non- government child and family agency based at North Parramatta, Sydney,
(d) over its existence, Burnside has developed into one of the largest and most reputable providers of child and family services in New South Wales and has provided out-of-home care for over 11,000 children,
(e) on 17 June 1911, Burnside opened its first cottage home on Pennant Hills Road, North Parramatta for orphaned children thanks to a very generous donation by prominent businessman Sir James Burns of the Burns Philp Shipping and Importing Company,
(f) although the Burnside Homes for Children ceased operating in the late 1980s, Burnside’s commitment to the care and protection of children and young people has remained central,
(g) today, Burnside works directly with children, young people and families in programs for early intervention, child wellbeing, child protection and out-of-home care,
(h) Burnside works in disadvantaged communities across New South Wales and in 2010 worked with 13,000 families, children and young people,
(i) to celebrate its achievements, Burnside will host a one-year-long campaign during 2011 across New South Wales, promoting three main themes: (i) acknowledging and honouring the past, (ii) showcasing contemporary child welfare practices and Burnside’s role in the New South Wales context, (iii) creating a vision for the future for children, and
(j) the Uniting Church will also hold a thanksgiving service for Burnside on 16 October 2011.
2. That this House congratulates UnitingCare Burnside on 100 years of service to vulnerable and disadvantaged children and young people.
Question put and passed.
12 ANTI-POVERTY WEEK (Formal Business)
Ms Fazio moved, according to notice:
1. This House notes that:
(a) 16 to 22 October 2011 is Anti-Poverty Week 2011, a week when we can all do something about poverty,
(b) Anti-Poverty Week was established in Australia as an expansion of the United Nations’ annual International Anti-Poverty Day on 17 October each year,
(c) the main aims of Anti-Poverty Week are to: (i) strengthen public understanding of the causes and consequences of poverty and hardship around the world and in Australia, (ii) encourage research, discussion and action to address these problems, including action by individuals, communities, organisations and governments,
(d) poverty and severe hardship affect more than a million Australians, and
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(e) around the world, more than a billion people are desperately poor.
2. That this House congratulate Jobs Australia and the Australian Red Cross, who are the principal sponsors of Anti-Poverty Week.
Question put and passed.
13 FEROS CARE (Formal Business)
Ms Fazio moved, according to notice:
1. That this House notes that:
(a) Feros Care was awarded the 2011 Excellence in Ageing Services Award by the International Association of Homes and Services (IAHSA) for the implementation of their Community Care Gateway, a one stop shop to Feros Care’s community services,
(b) IAHSA represents more than 20,000 aged care service providers in over 30 countries worldwide and is regarded as the industry’s peak body, and
(c) Feros Care is a not-for-profit aged care association which services seniors living in Northern New South Wales and which has residential services in Byron Bay and Bangalow, and aged care services in the shires of Tweed, Kyogle, Byron, Lismore, Ballina, Clarence Valley, Richmond Valley, Coffs Harbour, Nambucca Heads, Kempsey, Port Macquarie and Great Lakes.
2. That this House congratulates Feros Care for the quality services they provide to the aged community in Northern New South Wales and for the international recognition that they have received.
Question put and passed.
14 MENTAL HEALTH MONTH (Formal Business)
Ms Fazio moved, according to notice:
1. That this House notes that:
(a) October is Mental Health Month which is part of a national mental health promotion campaign held each year and is funded by NSW Health,
(b) the main aim of Mental Health Month is to promote social and emotional wellbeing to the population in New South Wales by encouraging people to maximise their health and increasing mental health literacy,
(c) the theme for Mental Health Month this year is “Wellbeing: Invest in Your Life”, encouraging participants to take a holistic view of health and wellbeing,
(d) a person’s overall wellbeing can encompass not just their mental health, but also their physical health, social health, spiritual health and community health, and
(e) these different domains of people’s lives can all work to support the creation and living of happy, engaged and meaningful lives even in the presence of illness.
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2. That this House congratulates those organisations across New South Wales which are organising activities to promote mental health awareness during Mental Health Month.
Question put and passed.
15 RONA TRANBY TRUST (Formal Business)
Ms Ficarra moved, according to notice:
1. That this House notes that:
(a) on 15 September 2011, the Rona Tranby Trust held its 20th Anniversary Celebration at the Sydney Jewish Museum in Darlinghurst, New South Wales,
(b) through its grants program, the Rona Tranby Trust supports the recording and preservation of Aboriginal oral history, and
(c) the Rona Tranby Trust was established on 2 September 1991 from a bequest in the will of Thomas Paul Rona.
2. That this House acknowledges:
(a) the work of trustee Jennifer Symonds in bringing the 20th anniversary celebration to fruition,
(b) those that attended, particularly: (i) the Honourable Victor Dominello MP, Minister for Citizenship and Communities and Minister for Aboriginal Affairs, (ii) the Honourable Linda Burney MP, Member for Canterbury, (iii) the Honourable Walt Secord MLC, (iv) Mr Yair Miller, President of the NSW Jewish Board of Deputies, (v) Mr Vic Alhadeff, Chief Executive Officer of NSW Jewish Board of Deputies, (vi) Ms Debbie Evans, Rona Tranby Award recipient, (vii) Ms Lorraine McGee-Sippel, Rona Tranby Award recipient, (viii) Ms Elverina Johnson, Rona Tranby Award recipient, (ix) Moriah College Clarinet Ensemble, (x) Ms Margaret Gutman OAM, Board of Management, Sydney Jewish Museum, and
(c) that the Rona Tranby Trust has given awards to support a range of projects across Australia, and each award continues the important process of preserving stories important to all Australians.
Question put and passed.
16 IGNITE VOLUNTEERING MANAGEMENT CONFERENCE (Formal Business)
Ms Ficarra moved, according to notice:
1. That this House notes that, on 15 September 2011, The Centre For Volunteering hosted the Ignite Volunteering Management Conference in Darlinghurst, New South Wales.
2. That this House acknowledges:
(a) the Ignite Volunteering Management Conference 2011 in its attempts to inspire and educate volunteers and volunteering organisations in management strategies,
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(b) the work of Jacqui Hastings of The Centre for Volunteering as the key organiser of the conference,
(c) those that attended, particularly: (i) the Hon Victor Dominello MP, Minister for Citizenship and Communities and Minister for Aboriginal Affairs, (ii) Ms Lynne Dalton, CEO, The Centre for Volunteering, (iii) Dr Debbie Haski-Leventhal, Senior Lecturer, Macquarie University, (iv) Ms Margaret Bell OAM, CEO, Chain Reaction Foundation, (v) Dr Kimberly Webber, Office of Communities, and
(d) the work of The Centre For Volunteering in producing a high quality conference that further empowered participants in the great cause of volunteering.
Question put and passed.
17 DISTINGUISHED VISITORS
The President invited attention to the presence in his gallery of the family of the Clerk of the Parliaments: his mother Mrs Valery Blunt, his aunt Mrs Daphne Davies, his wife Lynne Wainwright, and children Timothy, Madeleine and Nicholas.
18 CLERK OF THE PARLIAMENTS SWORN
The President informed the House that Her Excellency had issued the following commission under the public seal of the State appointing Mr David Blunt as Clerk of the Parliaments and Clerk of the Legislative Council from 8 October 2011:
BY HER EXCELLENCY PROFESSOR MARIE BASHIR, COMPANION OF THE ORDER OF AUSTRALIA, COMMANDER OF THE ROYAL VICTORIAN ORDER, GOVERNOR OF THE STATE OF NEW SOUTH WALES IN THE COMMONWEALTH OF AUSTRALIA
To:
Mr. David Michael Blunt
GREETINGS:
KNOW YOU, That I, confident in your ability and integrity, do by these presents, with the advice of the Executive Council, appoint you, DAVID MICHAEL BLUNT, to be Clerk of the Parliaments and Clerk of the Legislative Council of the State of New South Wales, as from the eighth day of October 2011 and during the pleasure of the Governor for the time being of the State of New South Wales, and to do and perform all such lawful acts and deeds as shall, under the Rules and Orders of the said Legislative Council of the State of New South Wales, or otherwise, howsoever, appertain to the said office.
L.S. GIVEN under my Hand and the Public Seal of the State at Sydney in the State of New South Wales this Fifth day of October 2011.
Marie Bashir Governor By Her Excellency’s Command Barry O’Farrell Premier
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The President further advised that Mr Blunt took the Official Oath and Pledge of Loyalty before Her Excellency at Government House this day.
19 PRINTING OF TABLED PAPERS
According to standing order, Mr Pearce tabled a list of papers tabled and not ordered to be printed in the previous month.
20 PAPERS—TABLED BY MINISTER
Mr Pearce tabled the following papers:
(1) Parliamentary Remuneration Act 1989—Annual report and determination of additional entitlements for members of the Parliament of New South Wales by the Parliamentary Remuneration Tribunal, dated 9 September 2011.
(2) Report of the Roads and Traffic Authority entitled “M2 Motorway: Summary of contracts including motorway upgrade contracts, as at 18 November 2010”.
21 LEGISLATION REVIEW COMMITTEE—REPORT
Dr Phelps tabled a report of the Legislation Review Committee entitled “Legislation Review Digest No. 5 of 2011”, dated 11 October 2011.
Ordered: That the report be printed.
22 PAPERS—PRESENTED TO PARLIAMENT OUT OF SESSION
The Clerk announced receipt of the following reports presented since the last sitting of the House:
(1) Annual Reports (Statutory Bodies) Act 1984—Report of Farrer Memorial Trust for year ended 31 December 2010.
(2) State Owned Corporations Act 1989—Statements of Corporate Intent for year ending 30 June 2012:
Endeavour Energy Superannuation Administration Corporation (trading as Pillar Administration).
23 STATUTORY RULES AND INSTRUMENTS—TABLED BY THE CLERK
The Clerk tabled the following statutory rules and instruments, published on the NSW Legislation website or in the Government Gazette to Friday 7 October 2011:
(1) Combat Sports Act 2008—Combat Sports Amendment Regulation 2011 (LW 30/9/2011)
(2) Criminal Case Conferencing Trial Act 2008—Criminal Case Conferencing Trial Amendment Regulation 2011 (LW 7/10/2011)
(3) Energy and Utilities Administration Act 1987—Energy and Utilities Administration Amendment (Minimum Energy Performance Standards) Regulation 2011 (LW 23/9/2011)
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(4) Environmental Planning and Assessment Act 1979—
(a) Environmental Planning and Assessment Amendment (Part 3A Repeal) Regulation 2011 (LW 28/9/2011)
(b) Environmental Planning and Assessment Amendment (Wagga Wagga Relevant Planning Authority) Regulation 2011 (LW 16/9/2011)
(5) Local Court Act 2007—Local Court Rules (Amendment No 3) 2011 (LW 7/10/2011)
(6) Marine Pollution Act 1987—Marine Pollution Amendment (On-board Treatment of Greywater) Regulation 2011 (LW 30/9/2011)
(7) Marine Safety Act 1998—Marine Safety Legislation Amendment (Fees) Regulation 2011 (LW 30/9/2011)
(8) Maritime Services Act 1935—Management of Waters and Waterside Lands Amendment (Fees) Regulation 2011 (LW 30/9/2011)
(9) Mental Health Act 2007—Mental Health Amendment (Fees) Regulation 2011 (LW 30/9/2011)
(10) National Parks and Wildlife Act 1974—Notice of reservation of a Regional Park under section 30A (1)—reserve land as part of Leacock Regional Park (Gazette 93, 23/9/2011, p 5619)
(11) Poisons and Therapeutic Goods Act 1966—Poisons and Therapeutic Goods Amendment (Licences) Regulation 2011 (LW 7/10/2011)
(12) Private Health Facilities Act 2007—Private Health Facilities Amendment (Fees) Regulation 2011 (LW 30/9/2011)
(13) Public Finance and Audit Act 1983—Public Finance and Audit Amendment (Department of Primary Industries) Regulation 2011 (LW 16/9/2011)
(14) State Authorities Superannuation Act 1987—State Authorities Superannuation Amendment (Ambulance Officers) Regulation 2011 (LW 30/9/2011)
(15) Statutory and Other Offices Remuneration Act 1975—
(a) Report and Determination Pursuant to section 14 of the Act (Gazette 97, 30/9/2011, p 5950)
(b) Report and Determination: Clerk of the Legislative Assembly (Gazette 97, 30/9/2011, p 5951)
(16) Water Management Act 2000—Water Management (General) Amendment (Water Sharing Plans) Regulation 2011 (LW 30/9/2011)
(17) Workers Compensation Act 1987—Workers Compensation Amendment (Latest Index Number) Regulation (No 2) 2011 (LW 16/9/2011).
24 AUDITOR-GENERAL—REPORT
The Clerk, according to the Public Finance and Audit Act 1983, announced receipt of a Performance Audit report of the Auditor-General entitled “Prequalification Scheme: Performance and management services—Department of Premier and Cabinet and Department of Finance and Services”, dated September 2011, received out of session and authorised to be printed on 28 September 2011.
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25 RETURNS TO ORDERS
(1) 2011-2012 Budget
The Clerk, according to the resolution of the House of Friday 9 September 2011, tabled documents relating to an order for papers regarding the 2011-2012 Budget received on Friday 23 September 2011 from the Director General of the Department of Premier and Cabinet, together with an indexed list of documents.
(2) 2011-2012 Budget finances
The Clerk, according to the resolution of the House of Friday 9 September 2011, tabled:
(a) Documents relating to the 2011-2012 Budget finances received on Friday 23 September 2011 from the Director General of the Department of Premier and Cabinet, together with an indexed list of documents.
(b) A return identifying documents received on Friday 23 September 2011 from the Director General of the Department of Premier and Cabinet, which are considered to be privileged and should not be made public or tabled. According to standing order, the Clerk advised that the documents are available for inspection by members of the Legislative Council only.
(3) Casino, Liquor and Gaming Control Authority
The Clerk, according to the resolution of the House of Friday 16 September 2011, tabled:
(a) Documents relating to the Casino, Liquor and Gaming Control Authority received on Friday 30 September 2011 from the Director General of the Department of Premier and Cabinet, together with an indexed list of documents.
(b) A return identifying documents received on Friday 30 September 2011 from the Director General of the Department of Premier and Cabinet, which are considered to be privileged and should not be made public or tabled. According to standing order, the Clerk advised that the documents are available for inspection by members of the Legislative Council only.
26 PETITIONS
Special religious education classes
(1) Revd Mr Nile presented a petition from 1,445 citizens of New South Wales opposing the philosophical ethics course currently on offer in public schools due to the inherent failure of the course to instruct children on what is right and wrong, the inherent dangers of exposing children to suggestive instruction on moral relativity and operation of the course in direct competition with approved Special Religious Education Classes as specified under the Education Act 1900, a convention of longstanding education policy, and requesting that the House support the Education Amendment (Ethics Classes Repeal) Bill 2011 and the cancellation of the ethics course.
Petition received.
(2) Mr Donnelly presented a petition from 7 citizens of New South Wales containing a similar request.
Petition received.
Opposition to Euthanasia
Mr Colless presented a petition from 17 citizens of New South Wales stating that in the Netherlands in 2005, approximately 50 per cent of “physician-assisted deaths” were the victims of non-voluntary
470 Legislative Council Minutes No. 45—Tuesday 11 October 2011
euthanasia, and praying that the House will oppose the Greens’ Euthanasia Bill and any attempts to legalise or decriminalise the practice of euthanasia, ensure that the quality of life of the elderly, handicapped, terminally or mentally ill or depressed young people are not subject to these unjust or unethical procedures, and call on medical practitioners to uphold the principles of palliative care and the Hippocratic Oath.
Petition received.
Correctional centres
Mr Donnelly presented a petition from 1,228 citizens of Lithgow and Bathurst calling on the Government to reverse its decision to close KirkConnell Correctional Centre, and for the reversal of prison officers and other staff job cuts at Bathurst and Lithgow Correctional Centres as local jobs, families and businesses will be severely affected, and requesting that the House consider the request as a matter of urgency.
Petition received.
Old Balmain Leagues Club site
Mr Shoebridge presented a petition from 545 citizens of Rozelle, Lilyfield and Balmain stating that the redevelopment of the old Balmain Leagues Club site, based on the current Part 3A submission from Rozelle Village, will have the following impacts on the area: creating traffic gridlock, unacceptably impacting on existing retailers, destruction of the current high street atmosphere and a precedence of high rise development, and requesting that the House call on the Government to refuse the current Part 3A proposal and ask the proponent to conform to local planning controls.
Petition received.
27 NOTICES OF MOTIONS
28 BUSINESS POSTPONED
(1) Order of the day no. 1 on the Notice Paper of government business postponed, on motion of Mr Gay, until Thursday 13 October 2011.
(2) Notice of motion no. 1 on the Notice Paper of government business postponed, on motion of Mr Gallacher, until a later hour of the sitting.
29 STATEMENT BY PRESIDENT—PRESENTATION OF ADDRESS-IN-REPLY
The President informed members of arrangements for the presentation of the Address-in-Reply on Wednesday 12 October 2011 at 10.30 am at Government House.
30 SPECIAL ADJOURNMENT
Mr Gallacher moved: That this House at its rising today do adjourn until Wednesday 12 October 2011 at 12.00 noon.
Question put and passed.
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31 ANSWERS TO QUESTIONS WITHOUT NOTICE
The President informed the House of the publication in today’s Hansard of answers to questions without notice lodged with the Clerk since the last sitting of the House.
32 SPORTING VENUES AUTHORITIES AMENDMENT (VENUES NSW) BILL 2011
Mr Gallacher sought the leave of the House to move a motion forthwith relating to the introduction of the Sporting Venues Authorities Amendment (Venues NSW) Bill, notice of which was given this day.
No objection taken.
Leave granted.
Mr Gallacher then moved, by leave: That leave be given to bring in a bill for an Act to amend the Sporting Venues Authorities Act 2008 and to repeal the Parramatta Stadium Trust Act 1988, to constitute Venues NSW, to abolish existing regional sporting venues authorities and the Parramatta Stadium Trust and to transfer the assets and liabilities of those bodies to Venues NSW; and for other purposes.
Question put and passed.
Bill presented.
Bill read a first time and ordered to be printed.
Mr Gallacher moved: That this bill be now read a second time.
Debate ensued.
Motion made (Ms Voltz) and question: That this debate be now adjourned until 5 calendar days ahead— put and passed.
33 INDUSTRIAL RELATIONS AMENDMENT (NON-OPERATIVE AWARDS) BILL 2011
Mr Pearce sought the leave of the House to move a motion forthwith relating to the introduction of the Industrial Relations Amendment (Non-operative Awards) Bill, notice of which was given this day.
No objection taken.
Leave granted.
Mr Pearce then moved, by leave: That leave be given to bring in a bill for an Act to amend the Industrial Relations Act 1996 to enable the rescission of awards that have no current application to any employer or employee; and for other purposes.
Question put and passed.
Bill presented.
Bill read a first time and ordered to be printed.
Mr Pearce moved: That this bill be now read a second time.
Debate ensued.
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Motion made (Ms Cotsis) and question: That this debate be now adjourned until 5 calendar days ahead— put and passed.
34 BUDGET ESTIMATES 2011-2012—TAKE NOTE
Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Pearce: That the House take note of the Budget Estimates and related papers for the financial year 2011-2012.
Debate resumed. ______
According to sessional order, proceedings interrupted at 4.00 pm for Questions. ______
35 QUESTIONS
36 BUSINESS POSTPONED
Order of the day no. 2 on the Notice Paper of government business postponed, on motion of Mr Gallacher, until a later hour of the sitting.
37 VACANCY IN THE REPRESENTATION OF THE STATE IN THE SENATE OF THE COMMONWEALTH OF AUSTRALIA
On the order of the day for consideration of the Legislative Assembly’s message of 24 August 2011 being read, Mr Gallacher moved: That this House agrees to meet the Legislative Assembly for the purpose of sitting and voting together to choose a person to hold the place in the Senate rendered vacant by the resignation of Senator the Honourable Helen Coonan, in the Legislative Council Chamber, on Thursday 13 October 2011, at 3.45 pm.
Question put and passed.
Mr Gallacher then moved: That the following message be forwarded to the Legislative Assembly:
Madam SPEAKER
The Legislative Council, having taken into consideration the Legislative Assembly’s message dated 24 August 2011, agrees to meet the Assembly for the purpose of sitting and voting together to choose a person to hold the place in the Senate rendered vacant by the resignation of Senator the Honourable Helen Coonan, in the Legislative Council Chamber, on Thursday 13 October 2011, at 3.45 pm.
Legislative Council DON HARWIN 11 October 2011 President
Question put and passed.
38 BUDGET ESTIMATES 2011-2012—TAKE NOTE
Order of the day read for resumption of the interrupted debate of the question on the motion of Mr Pearce: That the House take note of the Budget Estimates and related papers for the financial year 2011-2012.
Debate resumed.
473 Legislative Council Minutes No. 45—Tuesday 11 October 2011
Motion made (Mr Mason-Cox speaking) and question: That this debate be now adjourned until next sitting day—put and passed.
39 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—THOROUGHBRED RACING AMENDMENT BILL 2011
The Deputy President (Mrs Mitchell) reported the following message from the Legislative Assembly:
Mr PRESIDENT
The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Thoroughbred Racing Act 1996 to make further provision with respect to the membership of Racing New South Wales” presents the bill to the Legislative Council for its concurrence.
Legislative Assembly SHELLEY HANCOCK 11 October 2011 Speaker
Bill, on motion of Mr Gay (on behalf of Mr Gallacher), read a first time and ordered to be printed.
Mr Gay moved, according to contingent notice: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House.
Question put and passed.
Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.
40 ADJOURNMENT
Mr Gay moved: That this House do now adjourn.
Debate ensued.
Question put and passed.
The House adjourned at 6.31 pm until Wednesday 12 October 2011 at 12.00 noon.
41 ATTENDANCE
All members present, except Ms Cusack.
David Blunt Clerk of the Parliaments
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Authorised by the Parliament of New South Wales