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Legislative Council- PROOF Page 1 Tuesday, 15 October 2019 Legislative Council- PROOF Page 1 LEGISLATIVE COUNCIL Tuesday, 15 October 2019 The PRESIDENT (The Hon. John George Ajaka) took the chair at 14:30. The PRESIDENT read the prayers and acknowledged the Gadigal clan of the Eora nation and its elders and thanked them for their custodianship of this land. Governor ADMINISTRATION OF THE GOVERNMENT The PRESIDENT: I report receipt of a message regarding the administration of the Government. Bills ABORTION LAW REFORM BILL 2019 Assent The PRESIDENT: I report receipt of message from the Governor notifying Her Excellency's assent to the bill. REPRODUCTIVE HEALTH CARE REFORM BILL 2019 Protest The PRESIDENT: I report receipt of the following communication from the Official Secretary to the Governor of New South Wales: GOVERNMENT HOUSE SYDNEY Wednesday, 2 October, 2019 The Clerk of the Parliaments Dear Mr Blunt, I write at Her Excellency's command, to acknowledge receipt of the Protest made on 26 September 2019, under Standing Order 161 of the Legislative Council, against the Bill introduced as the "Reproductive Health Care Reform Bill 2019" that was amended so as to change the title to the "Abortion Law Reform Bill 2019'" by the following honourable members of the Legislative Council, namely: The Hon. Rodney Roberts, MLC The Hon. Mark Banasiak, MLC The Hon. Louis Amato, MLC The Hon. Courtney Houssos, MLC The Hon. Gregory Donnelly, MLC The Hon. Reverend Frederick Nile, MLC The Hon. Shaoquett Moselmane, MLC The Hon. Robert Borsak, MLC The Hon. Matthew Mason-Cox, MLC The Hon. Mark Latham, MLC I advise that Her Excellency the Governor notes the protest by the honourable members. Yours sincerely, Michael Miller, RFD Official Secretary to the Governor of New South Wales Documents PARLIAMENTARY ETHICS ADVISER Reports The PRESIDENT: I table the annual report of the Parliamentary Ethics Adviser for year ended 30 June 2019. Tuesday, 15 October 2019 Legislative Council- PROOF Page 2 Visitors VISITORS The PRESIDENT: On behalf of members I welcome into the public gallery Mr Steve Coleman, Chief Executive Officer of the RSPCA (NSW), accompanied by a director of the board, Mr Brian Pickup, and major donors and supporters of the RSPCA (NSW). Documents PARLIAMENTARY ETHICS ADVISER Correspondence The PRESIDENT: According to clause 6 of the terms of the agreement made with the Clerk of the Parliaments and the Clerk of the Legislative Assembly, I table a letter from the Parliamentary Ethics Adviser dated 13 October 2019 enclosing advice provided to the Hon. Niall Blair. ADVOCATE FOR CHILDREN AND YOUNG PEOPLE Report The PRESIDENT: According to the Advocate for Children and Young People Act 2014, I table the annual report of the Advocate for Children and Young People for year ended 30 June 2019. Under the Act the report has been authorised to be made public. The Hon. DON HARWIN: I move: That the report be printed. Motion agreed to. REGISTER OF DISCLOSURES The PRESIDENT: According to the Constitution Disclosures by Members Regulation 1983, I table a copy of the Register of Disclosures by members of the Legislative Council for the period 1 July 2018, concluding June 2019, furnished to me by the Clerk. The Hon. DON HARWIN: I move: That the document be printed. Motion agreed to. Committees STANDING COMMITTEE ON SOCIAL ISSUES Reference The Hon. SHAYNE MALLARD (14:36): I move: 1. That with reference to the May 2018 report of ACON In Pursuit of Truth & Justice and the progress made by NSW Police through Strike Force Parrabell, the Standing Committee on Social Issues inquire into and report on the response to gay and transgender hate crimes between 1970 and 2010 and current developments in policy and practice in relation to such crimes, and in particular: (a) the violent crimes committed in New South Wales between 1970 and 2010 where the victim of that crime was a member of the LGBTIQ community and where the relevant crime was the subject of a report to the NSW Police Force, including: (i) whether there existed impediments within the criminal justice system that impacted the protection of LGBTIQ people in New South Wales and the delivery of justice to victims of LGBTIQ hate crimes and their families, with reference to case studies of particular matters including but not limited to Alan Rosendale, Scott Johnson, John Russell and Ross Warren; and (ii) to the extent that past impediments are identified, how effectively these have been addressed by current policy and practice. (b) in relation to LGBTIQ hate crimes more generally: (i) what role the so-called "gay panic" defence played in the culture of LGBTIQ hate crimes between 1970 and 2010; and (ii) how the so-called "gay panic" defence impacted the delivery of justice and the treatment of gay men during LGBTIQ hate crime investigations and court proceedings. (c) any other related matter. Tuesday, 15 October 2019 Legislative Council- PROOF Page 3 2. That the minutes of proceedings, evidence, all papers, documents, reports and records received by the Standing Committee on Social Issues during its inquiry into gay and transgender hate crimes between 1970 and 2010 in the previous parliament, be referred to the Standing Committee on Social Issues. Documents TABLED PAPERS NOT ORDERED TO BE PRINTED The Hon. SCOTT FARLOW: According to Standing Order 59, I table a list of papers tabled and not ordered to be printed since 17 September 2019. Committees LEGISLATION REVIEW COMMITTEE Reports The Hon. TREVOR KHAN (14:37): I table the report of the Legislation Review Committee entitled Legislation Review Digest 6/57, dated 15 October 2019. I move: That the report be printed. Motion agreed to. SELECTION OF BILLS COMMITTEE Reports The Hon. NATASHA MACLAREN-JONES (14:37): I table report No. 25 of the Selection of Bills Committee, dated 15 October 2019. I move: That the report be printed. Motion agreed to. The Hon. NATASHA MACLAREN-JONES: I move: I move, according to paragraph 4 (1) of the resolution establishing the Selection of Bills Committee: 1. That: (a) the provisions of the Road Transport Amendment (Mobile Phone Detection) Bill 2019 be referred to the Portfolio Committee No. 5 – Legal Affairs for inquiry and report; (b) the bill be referred to the committee upon receipt of the message on the bill from the Legislative Assembly; (c) that the committee report by Tuesday 12 November 2019; and (d) on the report being tabled, a motion may be moved immediately for the first reading and printing of the bill and that the bill proceed through all remaining stages according to standing and sessional orders. 2. That the Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 not be referred to a standing committee for inquiry and report this day. Motion agreed to. PRIVILEGES COMMITTEE Report: Citizen's Right of Reply (Mr Garry Burns) The Hon. PETER PRIMROSE: I table report No. 77 of the Privileges Committee entitled Citizens Right of Reply (Mr Garry Burns), dated October 2019. I move: That the report be printed. Motion agreed to. PROCEDURE COMMITTEE Report: Citizen's Right of Reply (Mr Michael Eberand) The Hon. PETER PRIMROSE: I table report No. 78 of the Privileges Committee entitled Citizen's Right of Reply (Mr Michael Eberand), dated October 2019. I move: That the report be printed. Motion agreed to. Tuesday, 15 October 2019 Legislative Council- PROOF Page 4 Documents TREASURY Reports The CLERK: According to the Public Finance and Audit Act 1983, I announce receipt of a report from the New South Wales Treasury entitled Report on State Finances 2018-2019, incorporating the consolidated financial statements of the New South Wales General Government Sector and the Total State Sectors, received out of session and authorised to be printed. AUDITOR-GENERAL Reports The CLERK: According to the Public Finance and Audit Act 1983, I announce receipt of a report of the Auditor-General entitled Report on State Finances, dated October 2019, received out of session and authorised to be printed. Committees JOINT SELECT COMMITTEE ON SYDNEY'S NIGHT TIME ECONOMY Reports The CLERK: According to standing order, I announce receipt of report No. 1/57 of the Joint Select Committee on Sydney's Night Time Economy, dated September 2019, received out of session and authorised to be printed. The Hon. NATALIE WARD (14:41): I move: That the House take note of the report. Debate adjourned. Documents SCHOOLS ASBESTOS MANAGEMENT PLAN Return to Order The CLERK: According to the resolution of the House of 26 September 2019, I table documents referred to in paragraph 1 relating to an order for papers regarding asbestos in public schools, received on 3 October 2019 from the Secretary of the Department of Premier and Cabinet, together with an indexed list of the documents. NATURAL RESOURCES COMMISSION Return to Order The CLERK: According to the resolution of the House of 26 September 2019, I table correspondence from the Secretary of the Department of Premier and Cabinet relating to an order for papers regarding the Native Vegetation Code Review, received on 10 October 2019, stating that the relevant departments hold no documents covered by the terms of the resolution. LANDCOM Report of Independent Legal Arbiter The CLERK: I announce receipt of a report of the Independent Legal Arbiter, the Hon. Keith Mason, AC, QC, entitled Part 2: Landcom Return of Papers, dated 2 October 2019, on the validity of a claim of privilege on documents lodged with the Clerk relating to Landcom. The report is available for inspection by members of the Legislative Council only. MEMBER FOR DRUMMOYNE Dispute of Claim of Privilege The PRESIDENT: I report to the House that the Clerk received correspondence disputing the validity of a claim of privilege on documents lodged with the Clerk on 26 September 2019 relating to the disclosures of Minister Sidoti—Ministerial Code of Conduct as follows: 1.
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