Questions and Answers

399

PARLIAMENT OF NEW SOUTH WALES

______No. 30 ______

LEGISLATIVE COUNCIL

QUESTIONS

AND

ANSWERS

______SECOND SESSION OF THE FIFTY-SECOND PARLIAMENT ______

TUESDAY 4 APRIL 2000

(The Questions and Answers Paper published for the first sitting day in each week will contain, by number and title, all unanswered questions, together with questions to which answers have been received on the previous sitting and any new questions. On subsequent days, new questions are printed, as are questions to which answers were received the previous day. Consequently the full text of any question will be printed only twice: when notice is given; and, when answered.)

Notice given on date shown 400 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Publication of Question Answer to be lodged by

Q&A No. 30 (Including Question Nos 299 to 307) 9 May 2000 401 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

9 NOVEMBER 1999

(Paper No. 19)

*124 LOCAL GOVERNMENT—CULTURAL DIVERSITY—Dr Wong asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Local Government, Minister for Regional Development, and Minister for Rural Affairs—

(1) What procedures have been put in place to ensure that councils co-ordinate services in accordance with the cultural diversity of the population?

(2) What has been done by councils to encourage cross-cultural training to enable staff who work with people from culturally, linguistically and racially diverse backgrounds to develop the appropriate cross-cultural skills?

Answer—

(1) The Local Government (General) Amendment (Community and Social Plans) Regulation 1998 was introduced to promote a more inclusive community by ensuring that council services are responsive to community need and diversity. The regulation requires that councils:

· develop a social or community plan; and · incorporate access and equity activities and programs in their management plan and to report on these in their annual report.

The social plan identifies specific policies and action plans for seven mandatory target groups which includes people from culturally and linguistically diverse backgrounds.

These plans should assist councils in meeting responsibilities relating to the principles of cultural diversity in the Ethnic Affairs Commission Act.

Councils must include in their social/community plans, data and information about the needs of particular target groups (which applies to people from diverse and culturally linguistic backgrounds) as well as broad community needs. Including target group information in the social plan will help councils consider a range of recommendations across all their functions and ensure that services benefit a cross-spectrum of their community without overlooking the needs of minority groups.

Nine training seminars were organised across New South Wales in July/August 1998 to assist councils to implement the new social/community planning requirements.

To introduce and promote these changes in a proactive way, the department prepared guidelines (Social/ Community Planning and Reporting Guidelines) and a manual (Social/Community Planning and Reporting Manual) to assist councils. The manual highlights that the needs of all the mandatory groups should be examined regardless of each group’s estimated numbers within the local government area.

The Social/Community Planning and Access and Equity Reporting Guidelines take into account existing council obligations under the Local Government Act and Ethnic Affairs Commission Act (as amended). They also promote the collection of ethnicity data on clients and allocation of funds for EAPS initiatives. Councils are expected to use demographic and client data they collect to identify needs, set strategies accordingly, and prioritise resources. Councils are then expected to report in their annual reports and management plans about activities designed to target people from culturally and diverse backgrounds in accordance with identified needs.

From 1998-99 onwards, councils will have to identify in their annual reports which of the three key result areas (i.e., social justice, community harmony, or economic and cultural opportunities) apply for each significant activity or strategy aimed at assisting people from culturally and linguistically diverse backgrounds. 402 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

The department will be undertaking an assessment of councils’ Social and Community Plans to ensure councils are complying and determine how well they have complied. The department will be providing feedback to individual councils.

When providing advice/guidelines to councils the department will, wherever relevant, incorporate cultural diversity aspects and remind councils of the need to consider the needs of their culturally diverse community.

(2) Through the Local Government (General) Amendment (Community and Social Plans) Regulation 1998, and existing council obligations under the Local Government Act and Ethnic Affairs Commission Act (as amended), integration of the principles of the Ethnic Affairs Priorities Statement (EAPS) in all management practices and planning processes within the local government sector, is to be pursued.

The development of social and community plans should assist councils, as autonomous bodies, to identify the particular needs of their community and to adopt appropriate strategies to develop relevant skills for their staff.

*125 ENVIRONMENT—TURRELLA EXHAUST STACK—Mr Breen asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

(1) In relation to the M5 East proposed exhaust tunnel and exhaust stack at Turrella, did Holmes Air Sciences, the air quality consultant for the Roads and Traffic Authority (RTA), state in November 1996 that locating exhaust stacks on ridges rather than in the deeper section of the Wolli Creek Valley would have less adverse impact on local residents?

(2) Did the World Road Association (PIARC) state in 1995 that a tunnel air chimney (exhaust stack) situated at the foot of a slope may produce high local concentrations (of pollutants) if the chimney touches an inversion lid which prevents dispersion of exhaust fumes?

(4) (a) Were comparative studies undertaken to determine the suitability of the exhaust tunnel and exhaust stack as opposed to the installation of catalytic reduction and absorption equipment or electrostatic precipitators in the M5 East tunnel?

(b) If so:

(i) Who did these studies? (ii) How rigorous were the studies? (iii) Did the studies include a cost-benefit analysis? (iv) Did the studies take into account current Norwegian developments in the Oslo and Ekeberg tunnels, both of which carry similar amounts of traffic to the proposed M5 East tunnel?

(5) Given the decision by the Government to purchase land adjoining the M5 East tunnel for possible later installation of catalytic reduction and absorption equipment or electrostatic precipitators, is it reasonable to undertake a comparative study before further construction of the 900-metre exhaust tunnel and the 25 to 40- metre exhaust stack?

(3) Should such a study include a cost-benefit analysis and a health risk analysis that takes into account the long-term effects on public health and air quality? 403 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(4) (a) Did Mr John Anderson, Senior Project Officer of the RTA, admit at a meeting organised by Rockdale Council on 13 October 1999 that air quality goals in the development consent will not be met? (b) If so:

(i) To what extent will the air quality goals not be met? (ii) What will be the additional levels above background for particulate matter, carbon monoxide and oxides of nitrogen as a result of the operation of the exhaust stack? (iii) What effect will these additional levels of pollutants have on the health of people living in the vicinity of Turrella, Undercliffe, Arncliffe, Earlwood, Bardwell Park and Marrickville? (iv) Will these additional levels of pollutants have a cumulative effect and therefore an exponential adverse impact on the health of local residents?

(8) With regard to the wind tunnel testing and modelling of emission dispersions from the proposed M5 East exhaust tunnel and exhaust stack, did the studies allow for:

(a) peak volumes of traffic from 80,000 to 100,000 vehicles per day,

(b) large numbers of diesel-powered vehicles given the volume of trucks likely to be accessing rail, sea and air freight terminals through the tunnel,

(d) congestion in the tunnel during peak hours or as a consequence of motor vehicle accidents,

(e) the effect on the “fresh air intake” of increased ambient levels of pollution resulting from the exhaust stack, and

(f) the proposed construction of a large number of high-rise apartment blocks at north Arncliffe within 500 metres of the exhaust stack?

Answer—

(1) The report states that “Ideally the stacks should be located on high ground. This results in the emission being better dispersed by the stronger winds experienced at greater elevations compared to the relative calm conditions which would prevail in the valley. Locating the stack in the valley means that it must be substantially taller than if it were located on the ridge. Therefore locations on ridges, rather than in deeper sections of the Wolli Creek Valley, were considered preferable”.

The stack designed for Turrella is substantially taller than the stacks which were proposed for the ridge location in the 1996 report and is consistent with the requirement to comply with air quality goals set by the Environment Protection Agency to protect public health.

(2) and (3) The Minister for Roads is not aware of such a statement being made by the World Road Association (PIARC). However, the view expressed is consistent with the fact that stacks need to be appropriately designed for the constraints applicable to individual projects.

(4) to (6) A number of studies have been undertaken internationally by the Roads and Traffic Authority to examine the availability of tunnel emission treatment systems.

The stringent air quality goals in the project approval conditions, as set by the Environment Protection Authority to protect public health, are based on broad health studies which included an analysis of health risk.

(7) I am advised that Mr Anderson did not make the statement as suggested.

(8) The tunnel ventilation system has been designed to provide continuous and safe flow of traffic and to meet the Conditions of Approval for air quality for all traffic conditions including fully congested conditions. 404 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Irrespective of the actual traffic conditions, the freeway must be operated so that the emissions meet the air quality goals in the Conditions of Approval.

*126 URBAN AFFAIRS AND PLANNING—TURRELLA EXHAUST STACK—Mr Breen asked the Special Minister of State, and Assistant Treasurer representing the Deputy Premier, Minister for Urban Affairs and Planning, Minister for Aboriginal Affairs, and Minister for Housing—

(1) In relation to the M5 East proposed exhaust tunnel and exhaust stack at Turrella, did Holmes Air Sciences, the air quality consultant for the Roads and Traffic Authority (RTA) state in November 1996 that locating exhaust stacks on ridges rather than in the deeper section of the Wolli Creek Valley would have less adverse impact on local residents?

(b) If so:

(6) Should such a study include a cost-benefit analysis and a health risk analysis that takes into account the long-term effects on public health and air quality?

(7) (a) Did Mr John Anderson, Senior Project Officer of the RTA, admit at a meeting organised by Rockdale Council on 13 October 1999 that air quality goals in the development consent will not be met?

(b) If so:

(8) With regard to the wind tunnel testing and modelling of emission dispersions from the proposed M5 East exhaust tunnel and exhaust stack, did the studies allow for:

(a) peak volumes of traffic from 80,000 to 100,000 vehicles per day, 405 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(b) large numbers of diesel-powered vehicles given the volume of trucks likely to be accessing rail, sea and air freight terminals through the tunnel,

(d) congestion in the tunnel during peak hours or as a consequence of motor vehicle accidents,

(e) the effect on the “fresh air intake” of increased ambient levels of pollution resulting from the exhaust stack, and

(f) the proposed construction of a large number of high-rise apartment blocks at north Arncliffe within 500 metres of the exhaust stack?

Answer—

I have been advised by the Hon Carl Scully MP, Minister for Transport, and Minister for Roads, that the answer to the honourable member’s question is as follows:

(1) The report states that “Ideally the stacks should be located on high ground. This results in the emissions being better dispersed by the stronger winds experienced at greater elevations compared to the relative calm conditions which would prevail in the valley. Locating the stack in the valley means that it must be substantially taller than if it were located on the ridge. Therefore locations on ridges, rather than in deeper sections of the Wolli Creek Valley, were considered preferable”.

(4) to (6) A number of studies have been undertaken internationally by the Roads and Traffic Authority to examine the availability of tunnel emission treatment systems.

(7) I am advised that Mr Anderson did not make the statement as suggested.

(8) The tunnel ventilation system has been designed to provide continuous and safe flow of traffic and to meet the Conditions of Approval for air quality for all traffic conditions including fully congested conditions. Irrespective of the actual traffic conditions, the Freeway must be operated so that the emissions meet the air quality goals in the Conditions of Approval.

*127 ROADS—TURRELLA EXHAUST STACK—Mr Breen asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) In relation to the M5 East proposed exhaust tunnel and exhaust stack at Turrella, did Holmes Air Sciences, the air quality consultant for the Roads and Traffic Authority (RTA) state in November 1996 that locating exhaust stacks on ridges rather than in the deeper section of the Wolli Creek Valley would have less adverse impact on local residents? 406 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(3) Is the topography surrounding the M5 East proposed exhaust tunnel and exhaust stack at Turrella unsuitable for an exhaust extraction system because of the concentration of thousands of residents on the perimeter and slopes of a sheltered valley, the exact situation contemplated in your answer to my earlier question which you provided on 13 October 1999?

(b) If so:

(6) Should such a study include a cost-benefit analysis and a health risk analysis that takes into account the long-term effects on public health and air quality?

(7) (a) Did Mr John Anderson, Senior Project Officer of the RTA, admit at a meeting organised by Rockdale Council on 13 October 1999 that air quality goals in the development consent will not be met?

(b) If so:

(8) With regard to the wind tunnel testing and modelling of emission dispersions from the proposed M5 East exhaust tunnel and exhaust stack, did the studies allow for:

(a) peak volumes of traffic from 80,000 to 100,000 vehicles per day,

(b) large numbers of diesel-powered vehicles given the volume of trucks likely to be accessing rail, sea and air freight terminals through the tunnel,

(d) congestion in the tunnel during peak hours or as a consequence of motor vehicle accidents,

(e) the effect on the “fresh air intake” of increased ambient levels of pollution resulting from the exhaust stack, and

(f) the proposed construction of a large number of high-rise apartment blocks at north Arncliffe within 500 metres of the exhaust stack? 408 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

(4) to (6) A number of studies have been undertaken internationally by the Roads and Traffic Authority to examine the availability of tunnel emission treatment systems.

(7) I am advised that Mr Anderson did not make the statement as suggested.

(8) The tunnel ventilation system has been designed to provide continuous and safe flow of traffic and to meet the Conditions of Approval for air quality for all traffic conditions including fully congested conditions. Irrespective of the actual traffic conditions, the Freeway must be operated so that the emissions meet the air quality goals in the Conditions of Approval.

128 EDUCATION—GRIEVANCE RESOLUTION PROCEDURE—Mr Breen asked the Special Minister of State, and Assistant Treasurer representing the Minister for Education and Training—

(1) Did Mr Robert William May (teacher, Dept serial no: 7851036) have an unblemished record of employment as a teacher for 17 years from 1978 to 1994?

(2) Was the Minister for Education, Mr John Aquilina, contacted by the Member for Hawkesbury, Mr Kevin Rozzoli, regarding Mr May’s complaint that he was being subjected to harassment and intimidation in the workplace in the form of allegations of inefficiency being put in writing about Mr May by the Head of Industrial Arts at Plumpton High School?

(3) Were these allegations the only allegations to be made against Mr May during his time as an employee of the department?

(4) Has Mr May strongly denied the allegations?

(5) Have these allegations resulted in Mr May not working again at Plumpton High School when the Grievance Resolution Procedures failed to resolve the situation?

(6) Were allegations brought by the Head of Industrial Arts at Plumpton High School against Mr May subsequently withdrawn in writing by the Principal of Plumpton High School?

(7) Has the stress caused by the harassment, intimidation, allegations and subsequent scrutiny during the Grievance Resolution Procedure resulted in Mr May being awarded significant periods of Workers Compensation leave? 409 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(8) Has Mr May claimed that his Workers Compensation leave was a direct result of the ill treatment he received at Plumpton High?

(9) Was this ever disputed by the Department of Education?

(10) Was Mr May subsequently dismissed by the department on medical grounds?

(11) Did the Member for Hawkesbury notify the Minister for Education at the end of 1995 that this had occurred or was about to occur?

(12) Has Mr May made a Protected Disclosure about his treatment at Plumpton High School, alleging corruption, maladministration and gross waste of public money as well as ill treatment of both himself and others?

(13) Is the practice of workplace bullying to the point of medically detectable stress for the victim, as an administrative solution for disputes, so widespread within the Department of Education that it has acquired its own descriptive verb, namely “Healthquesting”?

(14) Were further investigation into Mr May’s claims carried out by the department after Mr May’s dismissal?

Answer—

It would be inappropriate to make Parliamentary comment on the personal circumstances pertaining to the medical or employment history of a departmental employee.

*129 ROADS—PACIFIC HIGHWAY UPGRADE—Mr Breen asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) Will the Minister address the concerns of the Ocean Shores Urban Association and Byron Shire Council with regard to the A2 Pacific Highway Upgrade between Brunswick River and Yelgun?

(2) Is the Minister likely to reconsider his determination in favour of the A2 Route?

(3) (a) Was the community consultation and value management process flawed in that the Ocean Shores community was not properly consulted?

(b) Has the social impact of the Pacific Highway upgrade on Ocean Shores not been thoroughly addressed?

(d) Is Ocean Shores the only sizeable town on the State Government’s Pacific Highway Reconstruction Program where the highway encroaches on existing urban development rather than bypassing it?

(4) Will the Minister halt proceedings on the relevant section of the Pacific Highway so that an inquiry can be held into the matters raised?

Answer—

The concerns of the local community including those expressed by the Ocean Shores Urban Association seeking input into Pacific Highway projects are continually taken into account.

A meeting, held recently, with delegates from Byron Shire Council discussed ongoing community concerns. The issues raised have been re-examined and fully considered. 410 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

The Brunswick Heads to Yelgun project is large and complex, involving many competing interests which will inevitably require some compromise, and not everyone was satisfied with the outcome. The recent determination is the end result of a long and detailed process over nearly 3 years. Planning for this project has resulted in the appropriate outcome and therefore, the approval for the Brunswick Heads to Yelgun project to proceed will not be changed.

10 NOVEMBER 1999

(Paper No. 20)

*132 EDUCATION—SCHOOL BULLYING—Mr Jobling asked the Special Minister of State, and Assistant Treasurer representing the Minister for Education and Training—

(1) Is the community of the Hunter Valley town of Paxton experiencing turmoil over problems associated with bullying and victimisation at the local school?

(2) Are several apprehended violence orders now in place between parents, children and teachers?

(3) Was a teaching principal at the school posted to another part of the State because of fears for her safety?

(4) Have at least five pupils been removed from the school by their parents this year because the children cannot cope with the continued harassment?

(5) Did one child tie a noose around his neck and threaten to hang himself because of playground jibes?

(6) Is an 11-year-old boy due to appear in court in less than 2 weeks charged with assaulting a teacher and another pupil?

(7) (a) Has the local ALP Member for Cessnock given up attempting to solve the problems at the school?

(b) If so, why?

(8) Did the local member say “I have even prayed for divine intervention”?

Answer—

In view of the fact that elements of this matter are currently before the courts, it would be inappropriate to give an answer to this question at this stage.

*133 SPECIAL MINISTER OF STATE—DRUG REHABILITATION FUNDING—Dr Pezzutti asked the Special Minister of State, and Assistant Treasurer—

On 28 October 1999 the Minister stated that since the election the Government has announced approximately $176 million of additional funding for drug rehabilitation treatment service over the next 4 years:

Could the Minister indicate:

(a) what those announcements are,

(b) where the money will be spent, and

Answer—

The $176 million comprises $155 million to implement the Drug Summit Plan of Action launched by the Government on 26 July 1999 and $21.3 million in new funding over 4 years announced as part of the Government’s pre-election Drugs Program policy earlier this year.

I am advised that this significant additional funding will include:

· $93 million for new drug and alcohol treatment services. · $18 million for better education and treatment services for young people, including juvenile justice detainees. · $5.3 million to community organisations to provide residential drug rehabilitation services. · $6.7 million for a Youth Drug Court Trial and associated treatment services. · $3.7 million for improved drug detection in corrective services. · $6.8 million for Community Drug Action Teams and public education. · $9.7 million for new detoxification centres at Bathurst, Grafton and Goulburn gaols.

The funds will be disbursed over the next 4 years and represent an overall increase of 50 per cent on existing drug program funding.

*134 CORRECTIVE SERVICES—REHABILITATION OF PRISONERS—Dr Wong asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

(1) (a) What is the imprisonment rate of people from non-English speaking backgrounds since 1995?

(b) Is data gathered about the cultural, linguistic and religious background of prisoners to identify their specific needs?

(2) Does the department conduct continuous and comprehensive review of the efficacy of imprisonment for the rehabilitation of all prisoners?

(3) (a) Does the department conduct research into alternatives of incarceration?

(b) If so, what is the response of the Government in accordance with that research?

Answer—

(1) (a) Number and percentage of inmates, including periodic detainees, where their stated country of birth is not a country where English is considered to be the main language spoken:

1995 1,350 17.4% 1996 1,459 19.0% 1997 1,307 16.4% 1998 1,262 16.2% 1999 1,320 15.7%

(b) The Department of Corrective Services Offender Management System (OMS) provides for the recording of “culture”, “languages spoken”, “level of competence in English” and “religion”.

(2) The department reviews the programs it offers to inmates to evaluate their effectiveness. However, it should be noted that inmates received have generally had nearly 20 years of socialisation processes which ultimately led them to commit the offences for which they are imprisoned. Inmates are in custody on average for around 6 months. In the main, they will return to their old social milieu, friends, economic circumstances and cultural background after incarceration. These factors play a large part in future recidivism.

(3) (a) Yes. Home detention commenced in 1997 and an evaluation of the first 18 months was published in May 1999. The Drug Court program, under which an offender undergoes detoxification in prison and is then placed on a community-based drug program appropriate to the offenders individual needs, commenced in February 1999. The department monitors the operation of periodic detention and during 1999 expanded the program to Bathurst and provided for the accommodation of female detainees at Wollongong Periodic Detention Centre.

(b) The sentencing of offenders and the choice between sentencing alternatives in respect of any particular offender is a matter for the judiciary.

11 NOVEMBER 1999

(Paper No. 21)

*135 LOCAL GOVERNMENT—ANIMAL MICROCHIP IMPLANTS—Mr Gay asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Local Government, Minister for Regional Development, and Minister for Rural Affairs—

(1) How many microchips starting with the digits 999 have been implanted in animals in New South Wales?

(2) How many records of 999 micro chipped animals are included on the New South Wales Pet Registry?

(3) What measures are being taken to advise registered implanters against using 999 microchips?

(4) Why did 999 microchips become available in New South Wales when their original manufacture was for test purposes only?

(5) Have there been any instances of duplicate registration numbers being entered onto the New South Wales Pet Registry because of the use of 999 microchips?

(6) Will the Department of Local Government be revoking the authorisation of implanters who continue to use these 999 microchips?

(7) What assurances can be given to owners of animals implanted with 999 microchips that the number on that chip is unique and not replicated on any other commercial or government database in Australia?

(8) What measures are in place to recall and withdraw all stocks of 999 microchips currently in circulation?

Answer—

(1) I am advised by the distributor involved that they have distributed 15,000 microchips with a 999 code. I am currently awaiting a report from the distributor involved of the number of 999 microchips which they have recalled. This will enable the Government to determine the number of 999 microchips which have been implanted.

(2) A report generated from the New South Wales Companion Animals Register as at 7 December showed that there were 123 records of animals with “999” chips implanted after 8 November. Letters are being sent to the authorised identifiers concerned advising them that “999” chips do not comply with the legislation and that they are at risk of having their authorisation to implant companion animals removed. 413 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(3) A circular has been sent to all authorised identifiers, including vets, advising them that “numbers starting with 999 are test ISO chips, and should not be used. They should be returned to the distributor”.

(4) I am unable to answer this question – it is a question which would need to be put to the distributor involved.

(5) There have been no instances of duplicate registration numbers being entered onto the New South Wales Companion Animals Register because of the use of 999 microchips. The register has been designed so that it cannot accept more than one registration for a single microchip number. To date, there has not been an instance of a duplicate microchip number attempting to register. The department will continue to monitor this situation closely.

(6) Any authorised identifier who continues to use 999 microchips will be asked to show cause why their authorisation under the Companion Animals Act 1998 should not be withdrawn.

(7) The Government is not in a position to give an assurance that for an animal implanted with a 999 microchip the number is unique – I am able to give an assurance to owners of animals already registered on the New South Wales Companion Animals Register that they will be the only animals accepted onto the register with that microchip number. In addition, the Department of Local Government has arranged a meeting with the other commercial pet registers to discuss, among other matters, how we can safeguard against a duplicate 999 chip number being recorded on different registers. As indicated in (5) above, the New South Wales Companion Animals Register has been designed so that it cannot accept more than one registration for a single microchip number. To date, there has not been an instance of a duplicate microchip number attempting to register. The department will continue to monitor this situation closely.

(8) As soon as the department was notified by the register that forms with 999 microchip numbers had been received, the department contacted the authorised identifiers and the distributor involved. The distributor involved undertook to contact all customers and withdraw all remaining stocks of 999 microchips by 8 November 1999. The distributor further undertook to provide a report on the number of microchips recalled against the total number distributed.

16 NOVEMBER 1999

(Paper No. 22)

*137 ENVIRONMENT—UPPER HUNTER POWER STATIONS—Mr Jobling asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts —

(1) Does a German-based company want to burn garbage in the Upper Hunter’s Liddell and Bayswater power stations?

(2) Has the Rethmann Group proposed to ship rubbish pellets from Germany for an initial trial incineration?

(3) Did a public outcry about the potential pollution and health risks force a halt to the burning of soil and coal tar at Liddell last year?

(4) Has the Environment Protection Authority (EPA) since altered Liddell’s pollution licence to allow up to 5% of the station’s traditional coal fuel to be replaced by waste oil, sawdust, woodchips and bark?

(5) (a) Did officials from the State Government’s Waste Service NSW investigating the burning of hazardous industrial garbage shelve the idea of the garbage pellet plan?

(b) If so, why? 414 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(6) (a) Did the EPA block public access to some documents relating to the Waste Service plan which included burning acids, solvents and lubricants?

(b) If so, why?

(7) When will these documents be released?

Answer—

(1) The Environment Protection Authority (EPA) advises that it has not been approached by either Macquarie Generation or the German-based company Rethmann, in relation to any formal proposal to burn garbage at the Liddell or Bayswater power stations.

(2) I am advised that the EPA is not aware of any proposal to ship “rubbish” pellets from Germany for an initial trial burn.

(3) I am advised that the decision to cease this practice was taken by Macquarie Generation. Factors influencing that decision should be directed to that company.

(4) The EPA advises that it amended Macquarie Generation’s Pollution Control Licence for Liddell Power Station on 29 March 1999 to incorporate a revised specification for liquid alternative fuels (reprocessed or recycled oils). The licence was further amended on 2 August 1999 to permit the burning of up to 5% wood waste (sawdust and wood chips).

(5) (a) and (b) This practice would require the approval of the EPA. I am advised that Waste Service has not pursued EPA approval for this practice.

(6) (a) The EPA determined a Freedom of Information (FOI) application for documents relating to the Waste Census, Lidcombe Waste Plant and Lidcombe Residue Processing Plant in June 1998. Some documents relating to this issue were exempted from release.

(b) The EPA determined that the documents were exempt under the provisions of clause 9 (1), Schedule 1 of the Freedom of Information Act 1989. An internal review upheld this determination.

(7) The appeal processes under the FOI application in question have been exhausted. The EPA has separately granted in full two other FOI applications about the burning of fuels other than coal at Liddell Power Station.

*138 ENVIRONMENT—CORRIMAL AND COALCLIFF COAL WORKS—Mr Richard Jones asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

(1) Is the extended exemption from section 15A of the Clean Air Act 1961 given to the Illawarra Coke Company, at Corrimal in Wollongong, set to expire on or around 14 February 2000?

(2) Was that extension given on the condition that the company implement all works described in any current Pollution Reduction Program for Corrimal and Coalcliff?

(3) Do those works include the installation of a system to collect and treat fugitive omissions from the batteries at the Corrimal Coal Works?

(4) Has such a system been installed?

(5) Did the company propose, within previous Pollution Reduction Programs, to install that system on one battery by 31 July 1998 and on the second battery by 31 December 1998? 415 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(6) (a) Has the company been allowed to extend the scope of works provided for in its Pollution Reduction Program and thereby extend the completion date for those works to mid-2000?

(b) If so, why?

(7) Will the current extended exemption expire before these works are required to be completed?

(8) (a) Will the company be given yet another extension on its exemption, as a result?

(b) If so, will that exemption be limited to mid-2000?

(9) How many times now has the company been given exemptions from section 15A of the Clean Air Act 1961?

(10) For how long have its works been exempt?

(11) (a) Will the Minister ensure that the Environment Protection Authority enforces, by July 2000, the notice it has issued requiring the completion of these works?

(b) If not, why not?

Answer—

(1) Yes.

(2) Yes.

(3) The works include the installation of equipment to reduce dust and odour impacts from the coke oven batteries. Stage 1 was the installation of coke side dust collection and treatment equipment, which was completed by the due date of 30 June 1999. Stage 2 is the installation of a quench plume odour control system, which must be completed by 30 June 2000.

(4) The collection system has been installed and works to further treat the collected emissions is progressing.

(5) Yes.

(6) (a) Yes.

(b) The additional works to be undertaken would result in a better environmental outcome.

(7) Yes.

(8) (a) and (b) The Illawarra Coke Company has recently advised the EPA that it will be seeking an extension to its exemption. The EPA has not made a decision as to whether the exemption should be granted to the company.

(9) Illawarra Coke Company has been granted three exemptions from provisions in the Clean Air Act in relation to odour emissions from its premises.

(10) The total period of the exemptions is 4 years until 14 February 2000.

(11) (a) and (b) It is my expectation that the EPA will respond appropriately if the requirements within the notice are not met. 416 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*139 WESTERN SYDNEY—GROSS POLLUTANT TRAPS—Mr Richard Jones asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Information Technology, Minister for Energy, Minister for Forestry, and Minister for Western Sydney—

(1) How many stormwater outfalls from Bondi to Manly have gross pollutant traps?

(2) By what date will all the remaining outfalls have gross pollutant traps?

(3) How many tonnes per year does each gross pollutant trap collect?

Answer—

(1) Local councils are primarily responsible for the day-to-day management of stormwater systems, with the State Government providing strategic support and grant funding. Details of the number of gross pollutant traps between Bondi and Manly is not held by the Environment Protection Authority. This information can be obtained from the relevant local councils. The Sydney Coastal Councils Group may also hold this information.

(2) This information can also be obtained from the relevant local councils. Councils in the Sydney Region have recently completed the preparation of stormwater management plans. The plans identify appropriate actions for addressing stormwater pollution and these strategies may include installing gross pollutant traps.

(3) The amount of litter and sediment trapped by gross pollutant traps depends on the size of the trap, the size of the catchment and the catchment’s land use. Commonly, gross pollutant traps can collect between 0.5 and 50 tonnes per year.

*140 FAIR TRADING—REGISTRY OF CO-OPERATIVES—Mr Gallacher asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Fair Trading, and Minister for Sport and Recreation—

(1) Did the Registry of Co-operatives appoint two inspectors earlier this year to examine the affairs of the University Co-operative Bookshop Ltd?

(2) If so, following this inspection did the registry give notice under section 405 of the Co-operatives Act that it intends to undertake an inquiry into the Co-op Bookshop?

(3) If so:

(a) Is this inquiry in response to the wishes of one or more of the directors?

(b) When did he become aware of the Registry of Co-operatives’ intention to take action regarding the Co-op Bookshop?

(4) Did he meet with some of the directors of the Co-op Bookshop and others earlier this year in relation to the governance of the Co-op Bookshop?

(5) If so, was this during the time of Supreme Court of New South Wales hearings into these matters?

Answer—

(1) to (5) The Manager of Co-operatives has advised me that in May a formal inspection of the affairs of the University Co-operative Bookshop was undertaken. The report of that inspection was finalised in August. The Registry of Co-operatives then decided to conduct a formal section 405 inquiry into the workings and financial condition of the University Co-operative Bookshop. The section 405 inquiry, conducted by Magistrate Dr Elms, commenced in October. 417 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

As that inquiry is yet to be concluded, it would be inappropriate for me, at this time to speculate any further about the University Co-operative Bookshop. I will await Dr Elms’ findings and recommendations before making any further comment.

*141 ENVIRONMENT—KANGAROO MANAGEMENT PLANS—Mr Richard Jones asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

(1) (a) Does the National Parks and Wildlife Service have any scientific data on kangaroo carcass weights prior to 1993?

(b) If not, why not?

(2) (a) Are kangaroo management plans dependent upon knowledge of carcass weights?

(b) If so, how can those plans be justified with such lack of scientific data?

Answer—

(1) (a) No.

(b) A centralised computer system for the storage and analysis of such data was not developed until 1993.

(2) (a) Data on carcass weights are one of the many data requirements of the kangaroo management program.

(b) Carcass weights have been known since 1993.

*142 CORRECTIVE SERVICES—FRESH PRODUCE—Mr Richard Jones asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

(a) Are fresh fruit and fresh vegetables available to every prisoner in New South Wales?

(b) If not, why not?

Answer—

(a) Yes.

(b) Not applicable.

*143 CORRECTIVE SERVICES—AUSTRALIAN INSTITUTE OF CRIMINOLOGY REPORT—Mr Richard Jones asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

(1) Has a recent Australian Institute of Criminology report titled “Deaths in Private Prisons” find that death and suicide rates in modern Australian prisons, like the Metropolitan Remand and Reception Centre (MRRC) at Silverwater, are three times higher than that of the less “modern” ones? 418 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(2) Are there unsolicited statements from MRRC prisoners that suggests filthy conditions in detoxification cells, unclean cells with dried sputum, lights on 24 hours a day, no air-conditioning and minimal ventilation?

(3) How does the Minister intend to address the problems highlighted by the Institute of Criminology’s report and occurring in prisons such as MRRC at Silverwater?

Answer—

(1) and (3) The three centres alluded to are the Arthur Gorrie Correctional Centre, Queensland; Port Philip Prison, Victoria; and the Metropolitan Remand and Reception Centre (MRRC), New South Wales.

The Australian Institute of Criminology Report points out that death rates are higher in prisons that house remand and reception prisoners rather than longer term prisoners. This was the correlating factor between the three centres nominated, not the fact that the centres are “modern”.

The Department of Corrective Services has comprehensive suicide and self-harm risk identification policies and procedures and the MRRC has a highly structured screening and induction process. Nursing staff conduct at-risk assessments for all inmates at the time of reception and program staff conduct a welfare screen and crisis intervention service, also at the time of reception. On the day following reception, the case management team completes a review of the initial assessment and co-ordinates referral and follow-up.

Custodial and professional staff intervene and prevent numerous suicide and self-harm attempts each year. The Inmate Health Survey recently undertaken under the auspices of the Corrections Health Service indicates that the inmate population is drawn from a population with a particularly high self-harm risk in the community. 39% of female and 21% of male respondents indicated previous suicide attempts, the vast majority whilst out in the community. For 65% of these inmates, the attempt had been impulsive and over 75% reported that they had not spoken about their intention prior to the attempt.

The department requires its staff to report all acts of self-harm or attempted suicide, threats of self-harm or attempted suicide. A combined Corrections Health Service and the Department of Corrective Services Risk Assessment and Intervention Team is in operation at the MRRC. This team operates 12 hours a day, 7 days a week. The team provides an immediate response to notifications of suicide or self-harm risk.

(2) From time to time, the Department of Corrective Services receives information from inmates concerning conditions at correctional centres. All such matters are referred to governors for any necessary action and rectification.

*144 AGRICULTURE—BLACKTIP REEF SHARKS—Mr Richard Jones asked the Special Minister of State, and Assistant Treasurer representing the Minister for Agriculture, and Minister for Land and Water Conservation—

(1) (a) Has the Shark Hotel previously been refused a licence to exhibit sharks under the Exhibited Animals Protection Act 1986?

(b) If so, why was a licence refused?

(2) (a) Have any sharks on display at the Shark Hotel in Liverpool Street Sydney died?

(b) If so:

(i) How many died? (ii) When did they die?

(3) Does the Shark Hotel in Liverpool Street currently have a licence to exhibit the two blacktip reef sharks that are displayed in a tank at the hotel, as required by section 12 of the Exhibited Animals Protection Act 1986? 419 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(4) Are these sharks, which are naturally extremely active and do not rest on the ocean floor, already swimming tail heavy which is a sign of stress? 420 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(5) (a) Will the Minister direct the Animal Welfare Unit to immediately remove the two blacktip reef sharks from the Shark Hotel?

(b) If not, why not?

Answer—

(1) (a) Yes.

(b) The application was lacking in detail on many of the questions asked on the application form.

(2) (a) and (b) The management of the Shark Hotel has indicated that no sharks on exhibit at the hotel have died.

(3) Yes. The hotel was licensed on 8 December 1999.

(4) No. A veterinary report has indicated that the sharks were showing no signs of stress and were swimming normally.

(5) (a) and (b) No. The Shark Hotel is licensed.

*145 LAND AND WATER CONSERVATION—SOIL CONTAMINATION—Mr Richard Jones asked the Special Minister of State, and Assistant Treasurer representing the Minister for Agriculture, and Minister for Land and Water Conservation—

(1) Has the Department of Land and Water Conservation identified hot spots of acid sulphate soil contamination?

(2) Are these hot spots in the following catchments: Tweed, Brunswick, Richmond, Clarence, Coffs Harbour, Bellinger-Kalang, Nambucca, Macleay, Hastings, Manning?

(3) What resources are being invested to ensure these hot spots are managed and ameliorated?

Answer—

I have been advised by the Hon Richard Amery MP, Minister for Agriculture, and Minister for Land and Water Conservation, that the answer to the honourable member’s question is as follows:

(1) The Department of Land and Water Conservation, on behalf of the Government’s Acid Sulfate Soils Management Committee, has identified 26 acid sulphate soil hot spots.

(2) The identified hots spots are located in the Tweed, Brunswick, Richmond, Clarence, Macleay, Hastings, Manning and Shoalhaven catchments.

(3) The Acid Sulfate Soils Management Committee has prepared a report for the amelioration of the identified hot spots. This report is yet to be considered by the Government.

17 NOVEMBER 1999

(Paper No. 23)

*146 POLICE—DRUG SUMMIT—Dr Pezzutti asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Minister for Police— 421 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

What new initiatives have been implemented, since the Drug Summit in May this year, to fight drug trafficking in New South Wales? Answer—

I have been advised by the Hon Paul Whelan MP, Minister for Police, that the answer to the honourable member’s question is as follows:

The Minister for Police has been advised by the Director of the Operational Programs Branch of the Police Service that the main new initiative since the Drug Summit is the creation of the Illicit Drugs Intelligence Desk (IDID) within the Crime Agencies Command.

IDID will provide a focal point for drug-related intelligence within the Service to assist both local and corporate strategies in relation to illicit drugs. The desk also liaises with other law enforcement, government and community groups who deal with drug issues.

Other Police Service initiatives included:

· the creation of a new Forensic Info newsletter which is circulated throughout the Service and to relevant government departments which highlights drug trends identified by chemists at NSW Drug Analysis Laboratory (NSWDAL), significant intelligence issues arising from IDID’s data collection, and other drug related news;

· the creation of a drug purity database which will enable the NSW Police Service to identify trends in price purity and location of drugs seized;

· the production of illicit drug information circulars which are being electronically disseminated to all Local Area Commands as well as other relevant government departments. These circulars are approved by the NSWDAL and will provide illicit drug investigators with current information on the characteristics of drugs being used and distributed in New South Wales;

· the design and introduction of Crime Agencies Post Operational Assessments which will enable investigators attached to Crime Agencies Strike Forces the ability to record more comprehensive information obtained on drug trafficking groups during their investigation; and

· the establishment of a Crime Agencies site on ABCI Alein to provide a means of disseminating drug intelligence across the country.

The Minister for Police is sure the honourable member will appreciate that these initiatives are just some which have been introduced to fight drug trafficking in this State. There are numerous other operations occurring at the local level to target drugs and drug-related crime.

*147 ENERGY—GAS COSTS—Mr Jobling asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Information Technology, Minister for Energy, Minister for Forestry, and Minister for Western Sydney—

(1) Did the New South Wales Independent Pricing and Regulatory Tribunal (IPART) decide to slash the network costs for big industrial customers to 66c a gigajoule by 2004 compared with $1.99 in 1996?

(2) As a result, is the Australian Gas Light Company (AGL) expected to lose $30 million from its bottom-line profit?

(3) Will this bring gas costs in New South Wales into line with those paid by big business in Victoria?

(4) Is IPART’s decision for a 7.75 per cent pre-tax rate of return for AGL’s network, compared with an 8 per cent rate sought by the utility, inconsistent with decisions made by other energy regulators? 422 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(5) Has AGL lobbied for a $1.838 billion capital base for its network, based on replacements cost less depreciation, while IPART struck a $1.656 billion figure?

(6) Does IPART chair Tom Parry believe that the 7.75 per cent rate of return is consistent with other gas utilities?

(7) Would the decision to decrease contract (i.e. big industrial customers) charges see an increase below inflation for tariff or residential customers in New South Wales?

Answer—

(1) I understand that in its Draft Decision on AGL Networks Ltd’s Access Arrangement the Independent Pricing and Regulatory Tribunal (IPART) has proposed that average real network charges for contract customers, that is, consumers using over 10 terajoules of gas per year, should fall by the magnitude indicated by the honourable member.

(2) I am not aware of any advice from AGL which would substantiate such a figure.

(3) IPART’s Draft Decision applies only to transportation charges. Final gas prices, which include the field price of gas and retail margins as well as transportation charges, are a matter of negotiation between individual large customers and retailers on a commercial basis.

It is not possible to make a meaningful projection of future final gas prices for businesses in Victoria and given the nature of competitive gas retail markets. The average natural gas prices paid by commercial land industrial customers in 1997-98, as reported by the Australian Gas Association, are as follows: $5.49 per Gigajoule in New South Wales, and $4.35 per Gigajoule in Victoria.

(4) I note that the Australian Competition and Consumer Commission and the Victorian Office of Regulator General have also applied a 7.75 per cent real, pre-tax rate of return in their decisions on the access arrangements of gas network utilities and transmission pipelines in recent times.

(5) Discussions between AGL Gas Networks Ltd and IPART are matters for those parties. In its Draft Decision, IPART has put forward an initial capital base of $1,550 billion. In its August 1999 submission, AGL Gas Networks proposed an initial capital base of $1,829 billion.

(6) Reasons for IPART’s Draft Decision are provided throughout its report.

(7) The final delivered price of gas for tariff customers in New South Wales comprises the cost of gas from the production field, haulage charges and retail margins. Field prices are not regulated and are commercially driven. Haulage charges in New South Wales are also regulated by the Australian Competition and Consumer Commission in respect of transmission pipelines other than those included in the AGL Gas Networks Access Arrangement.

Final gas prices for tariff customers in New South Wales are regulated by IPART, which is currently undertaking a review of the delivered price of natural gas to tariff customers served from the AGL Gas Networks distribution system in New South Wales. The effect of changes in haulage charges on the final gas prices for tariff customers is therefore a matter for IPART to determine.

*148 PREMIER—RELOCATION OF GOVERNMENT DEPARTMENT—Mr Gay asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Premier, Minister for the Arts, and Minister for Citizenship—

(1) Has the Premier’s Department been involved in the preparation of any proposals or costings related to the planned move by the Department of Local Government to Nowra?

(2) If so, will he release those documents? 423 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(3) If not, why not? 424 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

I have been advised by the Hon Bob Carr MP, Premier, Minister for the Arts, and Minister for Citizenship, that the answer to the honourable member’s questions are as follows:

The Government is in the process of preparing detailed plans for the relocation of the Department of Local Government to Nowra and is considering a number of options.

When a final proposal has been determined, costs will be made public as part of the Government’s Budget process.

*149 PUBLIC WORKS AND SERVICES—RELOCATION OF GOVERNMENT DEPARTMENT—Mr Gay asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Public Works and Services, and Minister Assisting the Premier on Citizenship—

(1) Has the Department of Public Works and Services prepared any material, including costings, on the move to Nowra by the Department of Local Government?

(2) If so, will you release details of those costings?

(3) If not, why not?

Answer—

The Government is in the process of preparing detailed plans for the relocation of the Department of Local Government to Nowra and is considering a number of options.

When a final proposal has been determined, costs will be made public as part of the Government’s Budget process.

*150 TREASURY—RELOCATION OF GOVERNMENT DEPARTMENT—Mr Gay asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

(1) Has Treasury been requested to prepare costings on the move by the Department of Local Government to Nowra?

(2) If so, will you release details of those costings?

(3) If not, why not?

Answer—

The Government is in the process of preparing detailed plans for the relocation of the Department of Local Government to Nowra and is considering a number of options.

When a final proposal has been determined, costs will be made public as part of the Government’s Budget process.

*151 LOCAL GOVERNMENT—RELOCATION OF GOVERNMENT DEPARTMENT—Mr Gay asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Local Government, Minister for Regional Development, and Minister for Rural Affairs—

(1) Have any firm costings been done by the Department of Local Government in relation to the planned move of the department to Nowra? 425 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(2) If so, will he release those costings?

(3) If not, why not?

Answer—

The Government is in the process of preparing detailed plans for the relocation of the Department of Local Government to Nowra and is considering a number of options.

When a final proposal has been determined, costs will be made public as part of the Government’s Budget process.

*152 ROADS AND TRANSPORT—SCHOOL BUS SERVICE—Mr Gay asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) (a) Has the Tuena to Peelwood school bus service been cancelled?

(b) If so, why?

(2) What is the minimum number of students needed to continue a school bus run?

(3) What travel subsidies are being offered to families who are no longer serviced by the Tuena to Peelwood school bus service?

(4) How many other school bus services have been terminated in New South Wales this year?

Answer—

(1) (a) and (b) The Tuena-Peelwood school bus service is still operating and the Department of Transport is awaiting advice on the number of students requiring transport for the 2000 school year.

(2) The minimum number of students to continue a school bus run is greater than eight.

(3) The travel subsidy offered to parents is the payment of a Private Vehicle Conveyance Subsidy.

(4) There have been four school bus services terminated in New South Wales in 1999.

18 NOVEMBER 1999

(Paper No. 24)

*153 ENERGY—MERGER—Mr Jobling asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Information Technology, Minister for Energy, Minister for Forestry, and Minister for Western Sydney—

(1) (a) Did the Government plant to establish a merger between Great Southern Energy (CSE) and the ACT Government’s ACTEW Corporation?

(b) If so:

(i) did the Treasurer scrap that plan, and (ii) when? 426 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(2) Was the reason for the cancellation of the plan because New South Wales was to pay the ACT Government $285 million to equalise the two government’s share holdings in the joint venture and that New South Wales would be $100 million worse off in the new financial structure?

(3) Is the NSW Government considering a merger between GSE and another New South Wales entity?

(4) Is the Bathurst-based Advance Energy the most likely candidate for a merger with Great Southern Energy?

Answer—

(1) (a) In April 1999, the New South Wales Treasurer and the ACT Chief Minister announced the formation of a joint working party to review and report on the merits of merging Great Southern Energy and ACTEW Corporation. The purpose of the review was to identify, examine and report on all relevant issues including a detailed analysis of the electricity, gas and water businesses of Great Southern Energy and ACTEW. In setting up the review, New South Wales recognised that there could be some benefits in merging the operations of the two businesses. However, these had to be balanced against the risks of such a merger. The review looked at these various benefits and risks.

(b) Following completion of the review, the Treasurer announced on 6 October 1999 that the Government had decided not to proceed with a merger of Great Southern Energy and ACTEW.

(2) No.

(3) and (4) A merger of New South Wales-owned electricity distributors could have advantages. The newly established Market Implementation Group within Treasury will be looking at structural matters affecting the distribution and retail sectors.

*154 ENERGY—SALES TAX—Mr Jobling asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Information Technology, Minister for Energy, Minister for Forestry, and Minister for Western Sydney—

(1) Has the State Electricity Commission of Victoria and United Energy failed in their attempt to have electricity transformers exempted from sales tax?

(2) Did the full court of the Federal Court rule 2 to 1 that five test classes of electrical transformers used throughout the electricity distribution system attracted sales tax?

(3) Will New South Wales State-run activities now attract sales tax?

(4) From when does the Federal Court ruling apply?

(5) How will this affect the New South Wales generators of:

(a) Pacific Power,

(b) Macquarie,

(d) what additional costs are expected between October 1999 and 30 June 2000?

(6) How will this Federal Court ruling affect:

(a) EnergyAustralia, 427 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(b) Integral Energy,

(e) what are the expected additional costs to be incurred between October 1999 and 30 June 2000?

Answer—

(1) The State Electricity Commission of Victoria and United Energy were unsuccessful in an appeal to an appeal bench of the Federal Court from a decision of a single judge wherein they sought a declaration that five classes of transformers used by United Energy in distributing electricity were not liable to sales tax.

I am informed the appellants have now sought leave to appeal to the High Court of Australia.

(2) Yes.

(3) No, New South Wales entities are exempt from sales tax. A State Tax Equivalent Regime does, however, operate to levy sales tax on otherwise dutiable goods in order to ensure competition neutrality. The monies collected form part of State receipts.

(4) The State Tax Equivalent Scheme could be amended, on a prospective basis, to take account of the decision. However, it is noted the decision may still be the subject of an appeal. Further, from 1 July 2000, Wholesale Sales Tax will be abolished and replaced by the Goods and Services Tax.

Pursuant to advice obtained from both Ernest & Young and Price Waterhouse, transformers were excluded from the Sales Tax Equivalent Scheme for the electricity distributors pending the outcome of proceedings.

(5) (a) to (c) Refer to question (4). In addition, the decision concerned distribution transformers and not transformers used by a generator whose position under the relevant exemptions may be considerably different.

(d) None

(6) (a) to (d) Refer to question (4).

(e) Not known. However, it is unlikely to be material and will not affect the overall financial position of the State since Sales Tax Equivalent payments are paid to the Government.

23 NOVEMBER 1999

(Paper No. 25)

*155 FAIR TRADING—VEHICLE TRANSACTIONS—Mr Gallacher asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Fair Trading and Minister for Sport and Recreation—

(1) (a) Are businesses conducting motor auctions required to provide safety inspection reports with all vehicles they sell?

(b) If not, why not?

(2) (a) Are such businesses required to give a statutory warranty with all vehicles sold?

(b) If not, why not? 428 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(3) (a) Do motor auctions pay transfer fees to the Roads and Traffic Authority in respect to all or some vehicle transactions?

(b) If not, why not? Answer—

(1) (a) Yes, unless an exemption applies.

(b) Not applicable.

(2) (a) No.

(b) There is no warranty under the Motor Dealers Act 1974 in respect of vehicles sold at auction.

(3) (a) No.

(b) Pursuant to clause 36 of the Road Transport (Vehicle Registration) Regulation 1998, it is the person who acquires a registered registrable vehicle who must, within 14 days of acquiring the vehicle, pay the prescribed fee for the transfer of registration of the vehicle.

*156 FAIR TRADING—ON-LINE TRANSACTIONS—Mr Gallacher asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Fair Trading, and Minister for Sport and Recreation—

(1) (a) Was the Department of Fair Trading closed to on-line transactions for Business Name, Association, Limited Partnership and Solicitor Corporation Transactions from 15 to 19 November?

(b) If so, what action was taken to allow access to such transactions to members of the public and businesses during that time?

(2) (a) Were Department of Fair Trading clients being told that only Business Name and Association documents would be processed from 22 November and not Limited Partnership and Solicitor Corporation Transactions?

(b) If so, why?

(3) If no access was available, why was immediate action not taken to ensure access was provided?

Answer—

(1) (a) A new Business Registration computer system started operating on 22 November 1999. The migration of 9 years data from the Australian Securities and Investment Commission was undertaken over the 5 days in question. Obviously, this meant some other on-line operations could not be done during that time.

However, clients could still obtain a search and obtain extracts of the various registers. Duplicate registration certificates and evidentiary certificates for legal proceedings were still available.

(b) Clients were able to lodge applications and receive a receipt at any of the department’s offices for the full range of business registry transactions.

(2) (a) The Director of Licensing and Registration advises me that the answer is no.

(b) Not applicable.

(3) Not applicable. 429 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000 430 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*157 ATTORNEY GENERAL—EXTRADITION—Mr Oldfield asked the Attorney General, and Minister for Industrial Relations—

(1) Could the:

(a) Federal Government, and

(b) NSW Government,

have done more to achieve extradition from Greece of Steve Anas to answer charges relating to the murder of Toula Soravia in Summer Hill NSW on 24 April 1994?

(2) In the event that a second application for extradition fails or does not occur, will he commit his best efforts to ensuring that the adjourned trial of Mr Anas on 8 May 2000 in Greece does not fail for lack of adequate witnesses or legal representation from Australia?

(3) Will he ask the NSW Police Service, the Department of Public Prosecutions and his department as appropriate to communicate with Greek authorities to make sure that all necessary subpoenas are issued and all relevant witnesses from New South Wales do in fact attend the adjourned trial in Greece of Mr Steve Anas on 8 May 2000?

(4) Would the absence of the New South Wales and/or Federal Governments paying the expenses for adequate witnesses to travel to Greece undermine any trial of Mr Steve Anas to be conducted there for his alleged involvement in the murder of Toula Soravia and armed robbery due to lack of evidence?

(5) Will it be necessary for Alex Soravia and Eugene Benitez and extra witnesses to have their airfares paid for the court hearing in Greece on 8 May 2000 to prove the involvement of Steve Anas?

(6) If Mr Gerry Aposian is required to attend in court in Greece on 8 May 2000 to give evidence that may be used in convicting Mr Anas, what action will he or the NSW Police Service take if he refuses to attend?

(7) (a) Did the Greek Consul, Mr E. Daras, process the application in August 1995 for Steve Anas to be recognised as a Greek citizen (because he was born in Australia of Greek parents) after three NSW Police Service officers had visited him in the company of Loui Soravia to inform him that Steve Anas was wanted for murder?

(b) If so, will he protest this action?

(8) (a) Has Mr Loui Soravia spent over $100,000 of his own money, including visiting Greece several times, to pursue justice in the matter of the murder of his wife?

(b) If New South Wales and Federal authorities had been doing their job properly, would have his expenses been minimal?

(9) What steps will he take to ensure New South Wales and Federal authorities do their jobs properly in similar cases in future?

(10) (a) Is there a “loophole” that allows any person born in Australia of Greek parents to immediately after committing a crime, flee to Greece knowing that he or she would be immune from being brought to a meaningful trial?

(b) If so, what measures will the NSW Government take, or advocate that the Federal Government take, to prevent this occurring?

(11) If Mr Anas escapes prosecution, does this send a clear message to over one million people in Australia that they can commit a crime here, then depart, remaining overseas without any fear of prosecution? 431 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

(1) (a) and (b) In respect of New South Wales, no. I cannot comment upon the Federal Government’s actions.

(2) I am prepared to consider sympathetically any reasonable request for assistance the Greek authorities might make as I did in relation to the recently aborted trial.

(3) Only the Commonwealth authorities may communicate with the Greek authorities directly but the responsibility for making all relevant arrangements relating to the trial is one for the Greek authorities.

(4) The responsibility for the payment of adequate witness expenses is a matter for the Greek authorities, but, as I indicated, I am prepared to consider sympathetically any reasonable request for assistance in this regard.

(5) Yes.

(6) The matter of witnesses attending the trial in Greece is a matter for the Greek authorities alone. New South Wales has no authority to compel anyone to attend a trial in Greece.

(7) (a) I have no knowledge of this matter.

(b) Diplomatic protests are a matter for the Commonwealth.

(8) (a) I understand that Mr Loui Soravia has visited Greece on a number of occasions but am unable to say how much he may have spent.

(b) My administration has done its job properly. I cannot comment upon the actions of the Commonwealth.

(9) My administration will always do its job properly in all such matters. I am not authorised to direct the Commonwealth in relation to its actions.

(10) (a) The negotiation of extradition treaties is a matter for the Commonwealth. The terms of such treaties are matters for the negotiating parties.

(b) The Commonwealth authorities are well aware of this State’s desire to try persons accused of serious crimes committed in New South Wales in this State.

(11) I am not prepared to speculate upon the outcome of the trial of Steve Anas.

Any extradition matters that arise in the future will be dealt with in accordance with the relevant Commonwealth procedures.

*158 ENVIRONMENT—LANDFILL—Mr Richard Jones asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

(1) Did the Minister state, on 5 May 1998, in answer to a Question on Notice that I asked regarding the proposed putrescible waste landfill at “Wilga” Coorabin, that “The EPA would consider refusing a licence application if geotechnical (or any other) reports established that subsidence was an issue which could not be satisfactorily addressed by the implementation of suitable engineering measures and environmental controls”?

(2) Are buffer zones such a measure? 432 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(3) Has Graham Holt, Chairman, Mine Subsidence Technological Society, recently prepared a report on the subsidence-related aspects of proposed landfill which finds that the potential exists for future caving of ground between old mine workings and the landfill site, enabling a potential mixing of waste leachates with regional ground water?

(4) Has that report also found that the extent of old workings of the Oaklands Colliery, that extend to under the “Wilga” property workings, needs to be fully known before any buffer zone could be considered to provide protection against breaching any watertight seal (in the landfill) as a result of subsidence?

(5) (a) Is the extent of those workings fully known?

(b) If not, will further research and analysis of Department of Minerals records be conducted before the EPA even considers approving any licence application for the landfill?

Answer—

(1) On 5 May 1998, the former Minister for the Environment, the Hon Pam Allan MP, provided the quoted answer to one part of your Question on Notice 162.

(2) I understand that the use of the term buffer zone in your question means the spatial separation between the area to be land filled and the location of voids beneath the site. The Environment Protection Authority (EPA) has advised me that it is prepared to consider buffer zones of this kind.

(3) I am informed that Mr Graham Holt has written a letter making these comments.

(4) I am informed that Mr Holt suggests that attempts should be made to locate the extent of the old workings. Where the extent of the workings cannot be ascertained with confidence, Mr Holt suggests that a larger “buffer zone” be considered.

(5) (a) The EPA has advised me that the proponents have been required to supply additional information in an effort to confirm the location of former workings?

(b) As indicated by the former Minister in her response to your question number 162 of 1998, the EPA will need to be satisfied by the implementation of suitable engineering measures and environmental controls that the issue of subsidence has been satisfactorily addressed before a licence would be granted.

159 ROADS AND TRANSPORT—ACOUSTIC CONSULTANCIES—Mr Cohen asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

On 26 May, I asked him a question relating to the consulting company Wilkinson Murray. His reply was as follows:

On 26 May, the Hon I. Cohen asked me a question about Wilkinson Murray Pty Ltd. The Minister for Transport has supplied the following answer:

Roads and Traffic Authority (RTA) records indicate that it has awarded 12 acoustic consultancies to Wilkinson Murray Pty Ltd over the past 5 years. In addition, Wilkinson Murray has been part of teams which have been awarded road environmental impact statement contracts over the past 5 years.

There are only a small number of acoustic consultants within New South Wales and a number of these have been awarded a similar amount of consultancies by the RTA. Most of these consultants, including Wilkinson Murray, belong to the Association of Australian Acoustical Consultants. This association has published rules of conduct which require that all members give evidence, express opinions and make statements in an objective and truthful manner. 433 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

I now ask the following supplementary questions in response to his reply:

(1) Is the National Acoustic Laboratories one of the “small number of acoustic consultants that receives a similar amount of consultancies”?

(2) Could the Minister provide a comparison of the number of consultancies awarded by the RTA to National Acoustic Laboratories and to Wilkinson Murray Pty Ltd?

(3) Did Wilkinson Murray undertake the post-upgrade noise testing of Abbott Road, Seven Hills, initially failing to do testing at No 5 and 127, but returning some time later to test at No 127 but not No 5?

(4) After this round of testing, did Wilkinson Murray produce pre-upgrade noise test levels for Abbott Road that were previously unheard of and were not included in the Review of Environmental Factors prepared for the upgrade of Abbott Road?

(5) When will the Minister for Transport and Roads address the concerns of residents of Seven Hills and southeast Blacktown about traffic noise and vehicle exhaust pollution since the opening of the M2 Motorway and upgrading of Abbott Road, Seven Hills?

Answer—

(1) No.

(2) For the period 1994 to 1999, National Acoustic Laboratories did not bid for any acoustic consultancy/contract work. However, National Acoustic Laboratories are a member of a specialist team contracted to the RTA to undertake a research project. Apart from the 12 acoustic consultancies/contracts awarded to Wilkinson Murray Pty Ltd for the period 1994-1998, additional acoustic contracts were awarded to similar consultancies such as:

Renzo Tonin Associates 1994-1998 10 contracts Richard Heggies Associates 1998-1999 5 contracts ERM Mitchell McCotter 1994-1999 15 contracts

(3) Wilkinson Murray did undertake post-construction testing at 127 Abbott Road, Seven Hills, at a different date (February 1998) to the initial testing in Abbott Road carried out during September 1997. Whilst Wilkinson Murray initially monitored 13 representative sites for the project, these did not include Nos 5 and 127 Abbott Road which were two of the three sites monitored for the Review of Environmental Factors (REF).

Wilkinson Murray took baseline noise measurements at 17, 31, 57 and 87 Abbott Road at a time when the early stages of reconstruction had commenced. In consultation with the RTA project manager, it was agreed not to measure at 5 and 127 Abbott, since 127 was affected by significant construction noise and 5 was not regarded as being representative for the purpose of baseline monitoring. Number 5 is near the end of Abbott Road and is affected by noise from other streets.

In February 1998, Wilkinson Murray took noise measurements at 127 Abbott Road. Wilkinson Murray monitored No 5 in May 1999. The measurements that are currently being used as post-construction noise levels to calculate the variation in noise levels are those taken in May 1999 which include Nos 5, 87 and 127.

(4) The pre-construction noise levels monitored by Wilkinson Murray and those identified in the REF are different. However, for the purpose of assessing noise level changes from pre-to post-construction, the criteria being applied are those which applied at the time the REF was being prepared. For the purpose of identifying noise abatement measures, the pre-construction noise levels as indicated in the REF are being used. This is because the pre-construction noise levels in the REF represent noise levels before any work on the project had commenced as opposed to those measured by Wilkinson Murray which were taken after some minor construction works had commenced. 434 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(5) Yes, the Minister is aware of the concerns of residents in the Seven Hills and south-east Blacktown areas in relation to traffic noise. With regard to traffic volumes in Abbott Road, noise testing has recently been carried out and the results are currently under evaluation to determine an appropriate course of action.

With regard to noisy vehicles, the RTA has instituted a number of measures to support the Environment Protection Authority (EPA) in addressing the problem. These include the testing of heavy vehicles for faulty mufflers at annual inspections and issuing defect notices where warranted and partnering industry in the development of a code of practice to promote the purchase of quiet vehicles and the responsible use of exhuast brakes. The RTA will continue to work in support of the EPA in the development of procedures connected with this course of action.

Turning now to air pollution caused by diesel fumes from heavy vehicles, the RTA and the EPA have developed a Motor Vehicle Emission Control Strategy enabling action to be taken on a number of related areas which include vehicle standards, vehicle maintenance, fuels, driver behaviour, alternative transport and urban infrastructure design. Vehicle inspectors from the RTA are assisting the EPA with enforcement meaures for smoky heavy vehicles.

*160 ENVIRONMENT—POLLUTION REDUCTION PROGRAM—Mr Richard Jones asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

(1) Is the extended exemption from section 15A of the Clean Air Act 1961 given to the Illawarra Coke Company, at Corrimal in Wollongong, set to expire on or around 14 February 2000?

(2) Was that extension given on the condition that the company implement all works described in any current Pollution Reduction Program for Corrimal and Coalcliff?

(3) Do those works include the installation of a system to collect and treat fugitive emissions from the batteries at the Corrimal Coal Works?

(4) Has such a system been installed?

(5) (a) Did the company propose, within previous Pollution Reduction Programs, to install that system on one battery by 31 July 1998 and on the second battery by 31 December 1998?

(b) If so, why then has the company been allowed to extend the scope of works provided for in its Pollution Reduction Program and thereby extend the completion date for those works to mid-2000?

(6) Will the current extended exemption expire before these works are required to be completed?

(7) (a) Will the company be given yet another extension on its exemption, as a result?

(b) If so, will that exemption be limited to mid-2000?

(8) How many times now has the company been given exemptions from section 15A of the Clean Air Act 1961?

(9) For how long has its works been exempt?

(10) (a) Will the Minister ensure that the Environment Protection Authority enforces, by July 2000, the notice it has issued requiring the completion of these works?

(b) If not, why not? 435 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

(1) Yes.

(2) Yes.

(4) The collection system has been installed and works to further treat the collected emissions is progressing.

(5) (a) Yes.

(b) The additional works to be undertaken would result in a better environmental outcome.

(6) Yes.

(7) (a) and (b) The Illawarra Coke Company has recently advised the Environment Protection Authority (EPA) that it will be seeking an extension to its exemption. The EPA has not made a decision as to whether the exemption should be granted to the company.

(8) Illawarra Coke Company has been granted three exemptions from provisions in the Clean Air Act in relation to odour emissions from its premises.

(9) The total period of the exemptions is 4 years until 14 February 2000.

(10) (a) and (b) It is my expectation that the EPA will respond appropriately if the requirements within the notice are not met.

24 NOVEMBER 1999

(Paper No. 26)

*161 ATTORNEY GENERAL—INTERNATIONAL CONVENTION ON NARCOTICS—Mr Jobling asked the Attorney General, and Minister for Industrial Relations—

(1) During debate on the Drug Summit Legislative Response Bill, did the Minister at the table say that the bill did not breach the International Convention on Narcotics, nor the Commonwealth Customs Act?

(2) In reply to a Question Without Notice on 9 September 1999, did the Minister state in the Legislative Council that “Australia is signatory to a number of international conventions relating to illicit drugs … The relevant treaties are the 1961 single convention on narcotic drugs and the 1988 convention against illicit traffic in narcotic drugs and psychotropic substances. Those conventions essentially commit Australia to prohibiting the possession, use, supply and so on, of illicit drugs … there are two avenues by which such facilities can be established without breaching compliance with international obligations”?

(3) Did the Minister suggest that “the 1961 single convention allows the use and possession of illicit drugs for medical and scientific research purposes, including controlled clinical trials. The establishment of such facilities in New South Wales could, therefore, be commenced in the context of a clinical scientific trial”?

(4) Will the Minister now table in the Parliament the advice or advisings that he was given so that members of the Legislative Council and the community may study these arguments for themselves and to validate the claims expressed? 436 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

The issue of Australia’s obligations under international drug control conventions has been dealt with on various occasions in Parliament over recent months. The text of the honourable member’s comments is set out in Hansard.

The Attorney General’s department has provided me with both oral and written advice about the matter. Should the honourable member wish to be briefed on the matter, my office would be able to assist.

*162 HEALTH—ASPARTAME—Mr Corbett asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Minister for Health—

Is there any evidence in peer reviewed medical journals to suggest that the normal consumption of Aspartame is linked directly or indirectly to:

(a) The formation of brain tumours,

(b) The onset of blindness,

(d) The escalation of Alzheimers Disease?

Answer—

I have been advised by the Hon Craig Knowles MP, Minister for Health, that the answer to the honourable member’s questions is as follows:

The Australian New Zealand Food Authority indicated that to date the evidence indicates that there are no safety concerns from aspartame ingestion and that sensitivity reactions are confined to a very small number of individuals in the population.

*163 LOCAL GOVERNMENT—COMPETITION PAYMENTS—Mr Gay asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Local Government, Minister for Regional Development, and Minister for Rural Affairs—

(1) What has been the total amount of monies received by the State Government of New South Wales from the Federal Government in competition payments in the financial years:

(a) 1997-98,

(b) 1998-99,

(d) 2000-01 (forecast)?

(2) What percentages of these payments have been made available to local government in New South Wales?

(3) If competition payments have not been made to councils, what has the NSW Government spent councils’ proportion of these monies on? 437 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(4) In the Northern Daily Leader dated 8 November 1999, a spokesman for the New South Wales Treasurer is quoted as saying:

“ … the Government would not pass any of the payments to local government because ‘with the introduction of national competition policy to [sic] local government has effectively improved their efficiency.’ ”

(a) What is the cost to councils for implementing Competition Policy?

(b) Will the Minister acknowledge the active contribution of councils to implement National Competition Policy?

(c) What incentive is there for councils to implement State policy at their own expense without any compensation from the State?

Answer—

The matters raised are more appropriately dealt with by the Treasurer.

I note that a similar question has already been asked of the Treasurer.

*164 TREASURER—COMPETITION PAYMENTS—Mr Gay asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

(1) What has been the total amount of monies received by the State Government of New South Wales from the Federal Government in competition payments in the financial years:

(a) 1997-98,

(b) 1998-99,

(d) 2000-01 (forecast)?

(2) What percentages of these payments have been made available to local government in New South Wales?

(3) If competition payments have not been made to councils, what has the NSW Government spent councils’ proportion of these monies on?

(4) In the Northern Daily Leader dated 8 November 1999, a spokesman for the New South Wales Treasurer is quoted as saying:

(a) What is the cost to councils for implementing Competition Policy?

(b) Will the Minister acknowledge the active contribution of councils to implement National Competition Policy?

(c) What incentive is there for councils to implement State policy at their own expense without any compensation from the State? 438 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

I refer the honourable member to the answer given to a question without notice entitled “National Competition Policy”, on Thursday 25 November 1999, which is on page 3694 of Hansard.

*165 HEALTH—CHILDREN AND PRESCRIPTION DRUGS—Mr Corbett asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Minister for Health—

(1) What are the most common drugs that are prescribed to children in New South Wales and how are these drugs classified in a generic sense?

(2) What is NSW Health’s estimate of the number of children who are on each of the drugs nominated above.

(3) (a) Does NSW Health have any concerns about the number of prescription drugs being given to children.

(d) If yes, what are these concerns and how are they being addressed?

Answer—

I have been advised by the Hon Craig Knowles MP, Minister for Health, that the answer to the honourable member’s questions are:

(1) to (3) NSW Health does not collect this information. The questions should be referred to the Commonwealth Minister for Health and Aged Care, the Hon Michael Woodridge MP.

*166 HEALTH—RITALIN WITHDRAWAL—Mr Corbett asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Minister for Health—

(1) Does the American Psychiatric Association admit in its diagnostic manual that the major complication of withdrawal from Ritalin is suicide?

(2) If yes:

(a) Does NSW Health agree with the American Psychiatric Association’s admission?

(e) Under what circumstances is suicide likely to occur?

Answer—

I have been advised by the Hon Craig Knowles MP, Minister for Health, that the answer to the honourable member’s questions are:

(1) No.

(2) Not applicable.

*167 COMMUNITY SERVICES—TELECENTRE—Mr Corbett asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Women—

(1) What is the main purpose of the proposed Department of Community Service’s Telecentre?

(2) When will it commence operations? 439 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(3) What funding will the Telecentre receive to ensure it can complete its allocated tasks? Answer—

(1) The TeleService Centre will provide a broad range of customer services to the community of New South Wales on a 7 days a week, 24 hours a day basis, from a Sydney metropolitan-based location.

(2) The TeleService Centre is planned to commence operations in July 2000.

(3) The Department of Community Services has received capital funding of $4.688 million for infrastructure and other establishment costs this financial year, plus an additional $1.942 million for one-off non-recurrent costs in 2000-01.

*168 COMMUNITY SERVICES—CHILD DISCIPLINE—Mr Corbett asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Women—

Is the publication, Caring for Children (6-12 yrs) the section entitled “challenging behaviour” says on page 10 “Discipline should be about learning and should not be harsh or unfair. Physical punishment will often make children’s behaviour even more difficult”.

(1) What disciplinary practices would the Minister consider “harsh or unfair”?

(2) What evidence is available to suggest that “physical punishment will often make children’s behaviour even more difficult”?

Answer—

(1) The issues of discipline, punishment and abuse are extremely sensitive and complex. There are no simple definitions of these actions or of the line distinguishing discipline and punishment from abuse.

There are many practices traditionally described as discipline which would generally be considered harsh or unfair. All forms of discipline, which involve physical or emotional harm to the child, are not in the child’s best interests.

Physical abuse of a child has been defined by the NSW Child Protection Council as “a non-accidental injury to the child by the parent/care giver. It includes injuries caused by excessive discipline, severe beatings or shaking, etc.”.

Discipline should be appropriate to the child’s age and developmental stage.

(2) The information included in the publication Caring for Children (6-12 years) was reproduced from the NSW Health Family Help Kit. The question of what evidence exists to support the comments in the Caring for Children publication may best be directed to my colleague, the Minister for Health.

Some research references includes:

Child Abuse and Neglect Volume 21, No. 5 (1997) Crossing the Line from Physical Discipline to Child Abuse: How Much Is Too Much? Ellen E. Whipple & Cheryl A. Richey

ACWA Issues Paper No. 3 1998 Discipline, Control and Corporal Punishment 440 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*169 OLYMPICS—CAPTIONING OF SPORTING EVENTS—Mr Corbett asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Minister for the Olympics—

(1) Were the Atlanta Olympics sporting events fully captioned for the benefit of deaf and hearing-impaired people across the world?

(2) At what times of the day during the Olympics and Paralympics in Sydney will captioning of sporting events be available to deaf and hearing-impaired people?

(3) Is there any contractual obligation on Channel 7 to provide full or partial captioning of:

(a) the Olympics, and

(b) the Paralympics?

Answer—

I have been advised by the Hon Michael Knight MP, Minister for the Olympics, that the answer to the honourable member’s questions are as follows:

(1) No.

(2) Channel 7 issued a press release on 13 July 1999 to advise that closed captioning is planned for all prime time Olympic free-to-air television coverage. This will be from 7.00 pm to 11.00 pm daily and on weekends between 1.00 pm and 11.00 pm. The Opening and Closing Ceremonies will fall into these timeslots.

(3) (a) No.

(b) No.

25 NOVEMBER 1999

(Paper No. 27)

*170 HEALTH—DDT CONTAMINATION OF BREAST MILK—Mr Corbett asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Minister for Health—

(1) Have levels of the organochlorine DDT been increasing in breast milk every year since 1992, as reported in the Daily Telegraph on 6 August 1999, page 17.

(2) (a) If yes, what increase has been recorded since 1992?

(b) What are the health risks for babies if they ingest breast milk contaminated with DDT?

Answer—

I have been advised by the Hon Craig Knowles MP, Minister for Health, that the answer to the honourable member’s questions are as follows:

(1) The Daily Telegraph report apparently refers to the Australian Market Basket Survey (AMBS), 1996, which describes a slight increase in the level of DDT detected in breast milk after limited sampling in 1992, 1994 and 1996. The survey also notes that because of the very small sample size, a larger survey is required to more closely examine the results and determine if the trend is confirmed.

(2) (a) Approximately 0.005 mg/kg each year is the AMBS estimate. 441 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(b) The levels of DDT detected pose no health risks for babies. *171 HEALTH—BREAST FEEDING AND ASTHMA—Mr Corbett asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Minister for Health—

(1) Is NSW Health aware of the Western Australian study entitled “Association between breast feeding and asthma in 6-year-old children: Findings of a prospective birth cohort study” which was published in the British Medical Journal (BMJ) Vol. 319: 815-819 on 25 September 1999?

(2) Did this study find that exclusive breast feeding for at least 4 months is associated with a significant reduction in the risk of asthma and atrophy at age 6 years and with a significant delay in the age of onset of wheezing and asthma being diagnosed by a doctor?

(3) If yes, what public health interventions are currently planned or in place to promote an increased duration of exclusive breast feeding to reduce the morbidity and prevalence of childhood asthma and atrophy as recommended by the authors of this study?

Answer—

I have been advised by the Hon Craig Knowles MP, Minister for Health, that the answer to the honourable member’s questions are as follows:

(1) Yes.

(2) Yes.

(3) Breastfeeding confers many health benefits for both mother and infant in addition to any effect on the risk of developing asthma and is therefore actively promoted in the public hospital system and early childhood centres.

*172 HEALTH—MULTIPLE CHEMICAL SENSITIVITY—Mr Corbett asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Minister for Health—

In the Question and Answer paper for Tuesday 29 June 1999 and on other occasions, the Department of Health has said that Multiple Chemical Sensitivity (MCS) is “a highly complex problem that has been debated and investigated in professional circles for many years without consensus”: In general terms, what are the medical arguments for and against officially recognising MCS as a valid medical condition?

Answer—

I have been advised by the Hon Craig Knowles MP, Minister for Health, that the answer to the honourable member’s question is as follows:

A Position Statement by the American Academy of Allergy and Immunology and published in the Journal of Allergy and Clinical Immunology (Vol. 103, pp. 36-40, Jan 1999) reflects the current status of MCS as documented in the published scientific literature and sets out some of the arguments for and against recognising MCS as a valid medical condition.

*173 AGRICULTURE—INGARD COTTON—Mr Corbett asked the Special Minister of State, and Assistant Treasurer representing the Minister for Agriculture, and Minister for Land and Water Conservation—

(1) What are the known advantages and disadvantages to farmers in New South Wales of the use of Ingard cotton? 442 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(2) What research is currently in progress to ascertain the environmental risks and/or benefits of Ingard cotton to the wider community?

(3) If research is currently in progress, where is this research taking place and who is funding it? Answer—

Background:

Ingard® was developed and commercially released in the USA by Monsanto as the world’s first cotton plant genetically modified to incorporate genes for greater resistance to heliothis insects (Heliocoverpa spp).

After extensive Australian trials by the CSIRO and Deltapine Australia Pty Ltd, Ingard® was first registered by the National Registration Authority for commercial planting in 1996. As part of Australia’s resistance management strategy, Ingard® is currently restricted to a maximum of 25% of the total area sown in Australia each year.

(1) In comparing commercial use of Ingard® with conventional cotton varieties, Ingard® has reduced the total number of insecticide applications by 44% over the last 3 years.

The performance of Ingard® provides major benefits to early season pest management. During 1998-99 the average amount of insecticide used on Australian Ingard® crops during their first 80 days of growth was 61% less than that used on conventional varieties. A 25% reduction was achieved during the last 30 days of the crop’s growth.

Use of Endosulfan has on average been reduced by 79% in Ingard® crops.

It is anticipated that future transgenic technology will provide even greater reductions in insecticide use by the industry.

Ingard® provides a vital tool in the adoption of IPM strategies within the cotton industry. The reduction in early season pesticide use allows natural predators to increase within cotton fields, further reducing the need for insecticides. The reduction in pesticide use will have major long-term benefits to the management of insecticide resistance.

Considerable variation in the yield performance of Ingard® was found by growers in 1998-99. On average, no significant yield benefits or reductions have been observed in the use of Ingard® compared to conventional cotton since its commercialisation.

Surveys have shown that at its current price, growers received little economic benefit from the planting of Ingard®. The main beneficiaries are the environment and the wider community through reduced pesticide applications.

(2) Scientific work with Ingard® by the CSIRO, NSW Agriculture and Australia’s cotton industry through NSW Agriculture’s Australian Cotton Research Institute at “Myall Vale”, Narrabri, aims to:

· quantify the impact of Ingard® on insects and other living organisms in cotton fields; · estimate the chances of the Ingard® gene being taken up by other plants; · develop the most appropriate management support systems to take best advantage of Ingard®; · document changes in the population of beneficial insects (predators and parasites) in commercial Ingard® crops; · document changes in insecticide use patterns; · improving the performance of Ingard®; and · developing new improved transgenic cotton plants.

The department has a number of research and extension programs specifically targeting the development and adoption of Ingard® crops. These include:

· agronomic management/influence on the performance of Ingard®; 443 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

· incorporation of Ingard® into IPM strategies; and · resistance monitoring and management.

Reduction in insecticide use will have flow-on benefits to the environment and community. Growers are strategically planting their Ingard® crops adjacent to sensitive crops/areas thus reducing the risk of environmental contamination from insecticides. Sensitive areas include waterways, stock routes, sensitive crops, grazing pastures and houses.

(3) Funding:

Most New South Wales’ research is co-ordinated through NSW Agriculture’s Australian Cotton Research Institute at Narrabri although field experiments occur in many cotton producing regions from the Queensland border to as far south as Hillston.

Funding for Australian cotton research is provided by the New South Wales, Queensland and Australian Governments and the cotton industry through organisations such as the Australian Cotton Co-operative Research Centre which is based on NSW Agriculture’s “Myall Vale” property at Narrabri, Australia’s Cotton Research and Development Corporation, Monsanto Pty Ltd, Cotton Seed Distributors Pty Ltd and Deltapine Australia Pty Ltd.

*174 HEALTH—CHILDHOOD DROWNINGS—Mr Corbett asked the Treasurer, Minis ter for State Development, and Vice-President of the Executive Council representing the Minister for Health—

(1) How many children drowned in New South Wales in the years:

(a) 1997-98, and

(b) 1998-99?

(2) How many children were hospitalised after nearly drowning in:

(a) 1997-98, and

(b) 1998-99?

(3) Of the children who were hospitalised after nearly drowning, how many suffered brain damage of:

(a) a mild nature, and

(b) a severe nature?

(4) In brief, what are the long-term consequences for a child who has:

(a) mild brain damage, and

(b) severe brain damage,

with respect to their development - social, emotional, physical and intellectual?

(5) What are the most common locations for drowning fatalities to occur for:

(a) children who live in urban areas of New South Wales, and

(b) children who live in rural areas of New South Wales? 444 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

I have been advised by the Hon Craig Knowles MP, Minister for Health, that the answer to the honourable member’s questions are as follows:

(1) (a) and (b) This information is available from the Australian Bureau of Statistics which reports deaths by calendar year. In 1997 and 1998, there were 35 deaths of children aged 0-5 years.

(2) (a) Ninety-six children aged 0-4 years.

(b) Information not available.

(3) (a) and (b) Based on an Australian Paediatric Surveillance Unit survey of near-drowning, there were 9 cases of apparent full recovery (mild) for each case where there was serious neurological damage. That is 10% of near-drowning resulted in severe neurological damage.

(4) (a) and (b) A child with mild brain damage often functions perfectly normally, but may exhibit behaviour disturbances, learning difficulties and occasionally epileptic seizures. A child with severe brain damage may have intellectual impairment of various degrees, spasticity, epilepsy, blindness and in very severe cases, be completely dependent.

(5) (a) and (b) Of the 35 fatalities noted in the answer to question (1), 24 occurred in urban areas and 11 in rural areas. Of the deaths in urban areas, 12 occurred in private swimming pools and 9 in the bathtub. There was no clear pattern to the location of the deaths in rural areas.

*175 URBAN AFFAIRS AND PLANNING—DAM PROJECT AT SMALLS CREEK, KELLYVILLE—Mr Cohen asked the Special Minister of State, and Assistant Treasurer representing the Deputy Premier, Minister for Urban Affairs and Planning, Minister for Aboriginal Affairs, and Minister for Housing—

(1) Is there strong community opposition to the plans of land developer, Rouse Hill Infrastructure Consortium for a massive dam project on Kellyville’s Smalls Creek?

(2) Does this so-called Flood Mitigation Project include the removal of over 200 metres of remnant Cumberland Plain woodlands, the dumping of 10,000 cubic metres of soil into Smalls Creek, a retention basin holding water to the equivalent of 9,000 swimming pools, and a dam wall which is over 7 metres above the existing Smalls Creek waterline?

(3) Given that the developer states that the proposed dam will empty at an equivalent rate to 1,500 swimming pools per hour, what will the Minister do to address the community’s concerns about child safety?

(4) Will the Minister act to stop the proposed environmental damage of both this large bushland area and Smalls Creek?

Answer—

I am advised that Baulkham Hills Council has met with members of the community about this project.

I am further advised that an area of Cumberland Plain woodlands will be removed. A dam wall will be built of compacted fill. The retention basin will hold about 57,000 cubic metres of water in the 1 in 100-year flood and less in less severe flooding. The dam wall will vary in height from less than a metre in height from ground level at the edges to about 7 metres in the middle of the creek.

The application for the proposed retention basin has been referred to me under section 115J of the Environmental Planning and Assessment Act to negotiate a determination of the application that is acceptable to the council and the applicant and is in accordance with the Act. The Department of Urban Affairs and Planning has convened a meeting for next Thursday 16 December 1999. 445 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*176 POLICE—HIGH-SPEED CAR CHASES—Mr Cohen asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Minister for Police—

It was reported in the Sydney Morning Herald on 25 November 1999, page 9, that two police officers were involved in a high-speed car chase. They chased a wanted vehicle through four suburbs into Quakers Hill. The car they were chasing was involved in a serious accident where an innocent driver and her 2-year-old were caught up in the accident leaving the 30-year-old mother in a critical condition with severe head injuries. The paper reported that “despite regulations that a duty operations inspector can terminate a chase when speed is considered too dangerous, no such order was made”:

(1) In this situation, why was no such order made?

(2) Will the Minister consider changing the regulations to ensure that a duty operations inspector must terminate a chase when it becomes dangerous?

(3) Will the Minister consider reviewing the whole issue of high-speed car chases and when they should be terminated?

Answer—

I have been advised by the Hon Paul Whelan MP, Minister for Police, that the answer to the honourable member’s questions are:

The Minister for Police has been advised by the Commander of the Crash Investigation Unit that the State Pursuit Management Committee will review the pursuit on completion of the investigation by the Crash Investigation Unit as per normal procedures.

Under the current Safe Driving Policy, the Duty Operations Inspectors (DOIs), Shift Supervisors and the drivers of the police vehicles may terminate a pursuit at any time when deemed to be dangerous to police or members of the public.

*177 GAMING AND RACING—CASINO SURVEILLANCE DIVISION INVESTIGATION—Mr Richard Jones asked the Special Minister of State, and Assistant Treasurer representing the Minister for Gaming and Racing, and Minister Assisting the Premier on Hunter Development—

(1) Did the Assistant Federal Secretary of the Media Entertainment and Arts Alliance, Mr Mark Ryan, write to the Minister on behalf of Mr John St Vincent Welch, a former employee of Sydney Harbour Casino, on 13 August 1997, in relation to a decision of the Casino Control Authority (CCA) not to release the findings of an investigation conducted at its request by the Casino Surveillance Division (CSD) of the Department of Gaming and Racing?

(2) Did it take the department until 30 September 1998 to respond on the Minister’s behalf and was that response only after a reminder was forwarded by Mr St Vincent Welch dated 14 September 1998?

(3) Did the department advise Mr St Vincent Welch on the Minister’s behalf that “neither the Department nor the Minister is able to assist you” in gaining access to the CSD report into allegations made against Mr St Vincent Welch in an Internal Audit Report prepared by his former employer, Sydney Harbour Casino?

(4) Is the CSD exempt from the Freedom of Information Act 1989 under section 148 (7) (a) and (b) of the Casino Control Act 1992?

(5) Did Mr St Vincent Welch surrender his provisional “special employee” licence on 13 February 1996 to the CCA because his employment contract with Sydney Harbour Casino had been terminated? 446 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(6) At the time Sydney Harbour Casino terminated the contract of employment referred to in (5) above, was an investigation into allegations made by Sydney Harbour Casino being conducted by the CSD?

(7) Was that CSD investigation being conducted at the request of the CCA?

(8) Did the CSD continue the investigation after the termination of Mr St Vincent Welch’s employment?

(9) Did Mr St Vincent Welch co-operate with the investigation by the CSD and CCA both during his employment and after its termination, and does he continue so to do?

(10) Had the CSD or the CCA made known to the Sydney Harbour Casino any interim report regarding the progress of the investigations which would have given Sydney Harbour Casino cause to terminate his contract of employment?

(11) When was the CSD report finalised and what date was it forwarded to the CCA?

(12) (a) Has the content of the report, in part or in full, been made known to Sydney Harbour Casino?

(b) If so, on what date was Sydney Harbour Casino so advised?

(13) Does the report of the CSD indicate that the investigation into Mr St Vincent Welch has its genesis in an Internal Audit Report prepared by a former employee of Sydney Harbour Casino, a Mr George Gulyus?

(14) Does the report find the Internal Audit Report had its shortcomings and in fact was flawed?

(15) Did the CSD interview Mr Raymond Taggart in the course of its investigations?

(16) Did the report question the motivation behind Mr Taggart’s provision of information to the investigation, given that Mr St Vincent Welch had sworn an affidavit in support of another involved in litigation against Mr Taggart?

(17) What is so secret in the report, which more than 3 years after its completion, renders it inaccessible to Mr St Vincent Welch?

(18) (a) Has the CSD or the CCA initiated proceedings against Mr St Vincent Welch or any other party as a result of the investigations?

(b) If not, why not?

(19) (a) Has Mr St Vincent Welch been notified that subsequent to his surrender of his provisional “special employee” licence (No 61) that nothing was found which detrimentally impacted upon his suitability to hold such a licence?

(b) If not, why not?

Answer—

I have been advised by the Hon Richard Face MP, Minister for Gaming and Racing, that the answer to the honourable member’s question is as follows:

(1) Yes.

(2) The Department of Gaming and Racing did not sight the Alliance’s letter until 16 September 1998 when it received a copy of the letter as an annexure to a letter Mr St Vincent Welch wrote to the department on 14 September 1998. 447 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(3) The department’s reply of 30 September 1998 advised Mr St Vincent Welch that “you may wish to again approach the Authority for permission to access the documents which interest you, as neither the Department nor the Minister is able to assist you in this regard”.

(4) According to legal advice, information acquired by the Casino Surveillance Division in the course of investigating an application for a casino employee’s licence is, under section 148 of the Casino Control Act 1992, not required to be released in response to a request under the Freedom of Information Act 1989.

(5) Mr St Vincent Welch’s provisional casino employee’s licence ceased to have effect when his employment was terminated by Sydney Harbour Casino Pty Limited (now Star City Pty Limited). The termination was advised to the Casino Control Authority on 13 February 1996. The subsequent handing in of Mr St Vincent Welch’s licence was not a surrender of his licence, as a licence was no longer in force.

(6) The Casino Surveillance Division was conducting an investigation into Mr St Vincent Welch’s application for a casino employee’s licence, as required by section 50 of the Casino Control Act.

(7) The investigation referred to in (6) included matters which the authority had referred to the division.

(8) Yes.

(9) Yes.

(10) No.

(11) 5 March 1996.

(12) No.

(13) Information acquired by the Casino Surveillance Division in the course of investigating an application for a casino employee’s licence is confidential.

(14) See (13).

(15) See (13).

(16) See (13).

(17) See (13).

(18) (a) No.

(b) The authority did not initiate any disciplinary action against Mr St Vincent Welch as a result of the investigations because Mr St Vincent Welch was no longer a licensed employee at the time the authority received the director’s report. The report did not contain any information which was sufficient for the authority to initiate disciplinary action against any other party.

(19) (a) Yes.

(b) See (19) (a).

*178 ROADS AND TRANSPORT—MAIN ROAD 92—Mr Harwin asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport and Minister for Roads—

(1) Did the Minister 3 months ago commit the Roads and Traffic Authority to working with the Shoalhaven City Council and Commonwealth Government to progress the planning and design of Main Road 92 (MR92)? 448 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(2) What evidence from the previous 3 months can the Minister cite in support of his claim that the RTA is working with the Shoalhaven City Council and Commonwealth Government to progress the planning and design of MR92?

(3) When will work on an Environmental Impact Study commence in relation to MR92?

(4) When will an Environmental Impact Study be published in relation to MR92?

Answer—

The NSW Government is committed to working with the Commonwealth Government and Shoalhaven Council to further develop the Federally-funded MR 92 upgrade. Two consultants’ reports examining options and costs for the route upgrade are currently being finalised, taking into account a range of issues raised by Shoalhaven Council.

The next steps in the process will be to exhibit the current route options, obtain the requirements of the Director- General of the New South Wales Department of Urban Affairs and Planning and Environment Australia and commence a detailed options selection study to determine the best means of upgrading the road with available funding.

*179 URBAN AFFAIRS AND PLANNING—WALSH BAY DEVELOPMENT—Mr Richard Jones asked the Special Minister of State, and Assistant Treasurer representing the Deputy Premier, Minister for Urban Affairs and Planning, Minister for Aboriginal Affairs, and Minister for Housing—

(1) Will the 99-year leasehold interest in Crown land being redeveloped as part of the Walsh Bay project be transferred directly to the purchasers of apartments, townhouses and other components of the site?

(2) Will the developer of the Walsh Bay site be able to avoid paying millions of dollars worth of stamp duty to the Government, and therefore the tax payers of New South Wales, as a result?

(3) Is the Government, and therefore the tax payers of New South Wales, also picking up the tab for the conveyancing costs of transferring the individual leasehold stratas to purchasers?

(4) Is this the normal practice for disposing of Crown land under private development?

(5) Is Crown land which is subject to private development generally disposed of in its entirety to the private developer and the private developer required to pay 5% of the estimated value of the site in stamp duty?

(6) (a) Has the Valuer General valued the site and determined the level of stamp duty payable on it?

(b) If so:

(i) What is the value of the site? (ii) How does that compare to what it was sold for? (iii) What is the level of stamp duty payable on it?

(i) Why not? (ii) Will the Minister instruct the Valuer General to do so?

Answer—

My role in the Walsh Bay redevelopment is confined to development assessment matters. These questions should be asked of the Minister for Public Works and Services, the Hon Morris Iemma MP. 449 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000 450 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

30 NOVEMBER 1999

(Paper No. 28)

*180 TREASURY—STATE-OWNED ENERGY CORPORATIONS—Mr Jobling asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

(1) Did Queensland Power Trading Corporation admit in a report to Parliament that it had blown its entire shareholders’ funds, racking up $575 million of losses on long-term power purchase contracts?

(2) Does the massive potential deficit come on top of the $400 million loss already suffered by State-owned electricity retailers in the year to 30 June 1999, also underwritten by the Queensland Labor Government?

(3) Will the actual cash losses over the next 30 years be between $1.1 billion and $2.2 billion?

(4) (a) Does Pacific Power have recent and anticipated losses of over $300 million on hedge contracts, EnergyAustralia of over $300 million on power stations and contracts, and Integral Energy of nearly $100 million on energy trading?

(b) What steps has the Treasurer, as one of the shareholding Ministers, put in place to protect residents of New South Wales from such losses?

(5) What other potential or known losses and at what cost in dollars have been reported to the Treasurer or to Treasury officials by New South Wales State-owned corporations in energy production, generation or distribution?

Answer—

(1) This question concerns the affairs of the Queensland Government on which the New South Wales Treasurer has neither special knowledge or responsibilities.

(2) As per (1).

(3) As per (1).

(4) (a) All three agencies have entered into electricity forward electricity swap contracts, both retail and/or wholesale, whose strike price may vary from future pool prices. However, there is no basis on which the result of their contracts can be precisely determined, given they depend on future price movements.

(b) All New South Wales agencies must manage their wholesale and retail contract exposure in a proper fashion. The principles of management are as set out in the Treasury Management Policy and the Energy Trading Policies issued by Treasurer. Trading policies include an obligation to report on both the net market exposure of the agency and the financial impact of movements in pool and contract prices.

(5) The annual reports of all State-owned corporations are tabled in Parliament and provide detailed financial information.

*181 ENVIRONMENT—TAMBAR MOUNTAIN FIRE INQUIRY—Mr Gay asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

Will the Minister make available to this House the following items from the inquiry into a fire at Tambar Mountain “Killawara” property held in Gunnedah from February to May 1999: 451 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000 452 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(a) All audio tapes made of the proceedings?

(b) All photographs put forward as evidence to an alleged assault of Mr Sean Norris?

Answer—

(a) I do not have in my possession any audio tapes produced as part of the proceedings of the Coronial Inquiry.

(b) I do not have in my possession any photographs put forward as evidence during the Coronial Inquiry.

(c) The honourable member’s question is very imprecise. Before an answer can be contemplated, he will need to provide more detailed information.

*182 ATTORNEY GENERAL—TAMBAR MOUNTAIN FIRE INQUIRY—Mr Gay asked the Attorney General, and Minister for Industrial Relations—

Will the Attorney General make available to this House the following items from the inquiry into a fire at Tambar Mountain “Killawara” property held in Gunnedah from February to May 1999:

(a) All audio tapes made of the proceedings?

(b) All photographs put forward as evidence to an alleged assault of Mr Sean Norris?

Answer—

Between 22 January and 5 February 1998, a fire occurred on Tambar Mountain which affected the property “Killawarra”. The Coroner conducted an inquiry into the fire.

On 8 February 1999, the Coroner inspected the site. He then took evidence over 5 sitting days - 9, 10 and 11 February and 10 and 11 May 1999. The inquiry reconvened on 25 October 1999 for the findings to be handed down.

I am advised that any person who can demonstrate “sufficient cause” may apply for access to any information which is tabled at an inquiry. This includes access to the audio recordings and transcripts of the proceedings.

The Registrar, sitting as a Coroner, makes the decision about whether a person meets the “sufficient cause” criteria. Anyone who is an interested party or who has given information to the inquiry would generally meet the criteria. If for any reason, the Coroner refused such a request, the matter would be referred to the State Coroner for determination.

In this case, the Coroner has advised that no photographs relating to an alleged assault on Mr Norris were admitted as evidence to the inquiry and to his knowledge, no such photographs were ever in the possession of the Coroner or formed part of the Coroner’s files. A thorough search of the court has been conducted and it has been confirmed that no such photographs were held in court records.

The Coroner has also advised that to his knowledge and recollection, no rural fire warrants were produced to the inquiry although some evidence was given about this issue. 453 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*183 HEALTH—REGISTER OF SPECIALISTS—Mr Corbett asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Minister for Health—

In an answer to a Question on Notice, asked on 20 October 1999 and answered on 17 November 1999, the Minister said there were specialists within the New South Wales health system whose expertise includes the diagnosis of pesticide-related symptoms, but the Minister noted that there was no register, as such, of these experts.

Given the above, will the Minister prepare a register of experts and their location in the New South Wales health system and revise it on an annual basis?

Answer—

I have been advised by the Hon Craig Knowles MP, Minister for Health, that the answer to the honourable member’s question is as follows:

Pesticide-related symptoms vary with individuals and with different pesticides.

Medical specialists in a number of speciality fields are concerned with the diagnosis of pesticide-related symptoms.

Individual practitioners manage patients and access an appropriate specialty or specialities, depending on the individual needs of the patient.

*184 HEALTH—CHILDHOOD VACCINATIONS—Mr Corbett asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Minister for Health—

(1) Given the ever-increasing number of vaccines that are given to children, does the Minister have any concerns about the cumulative effect of these vaccines on a child’s immune system?

(2) If the Minister has no concerns:

(a) What research evidence exists that the cumulative effect of vaccines does not harm children?

(b) How many vaccinations will the Minister allow children to have before a limit is imposed?

Answer—

I have been advised by the Hon Craig Knowles MP, Minister for Health, that the answer to the honourable member’s questions are:

(1) No.

(2) (a) There is ample scientific evidence to show that vaccination does not have a harmful cumulative effect. Vaccines provide the same stimulus to the immune system as infection, but without disease. In this sense immunisation is natural, and few drugs interact with the body in such a natural way as vaccines. The human immune system is stimulated every day by regularly coming into contact with many viruses, bacteria and other agents.

(b) The National Health and Medical Research Council recommends the vaccines on the Australian Standard Vaccination Schedule based on the best technical, scientific and cost-benefit evidence available. New South Wales will continue to endorse these recommendations. 454 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*185 HEALTH—HEPATITIS B VACCINE—Mr Corbett asked the Treasurer, Minister for State Development, and Vice- President of the Executive Council representing the Minister for Health—

(1) (a) Has the previous strategy for the control of hepatitis B (which involved vaccinating those at particular risk) been unsuccessful in reducing the number of cases of acute hepatitis B and the proportion of carriers in the community?

(b) If so, why?

(2) Does the hepatitis B vaccine used in Australia (Engerix-B) wane in its effectiveness within 3 years and become generally undetectable after 5 years?

(3) (a) Is it the case that:

(i) the carrier rate among Caucasians in Australia is 0.1 to 0.2%; (ii) there is little risk of transmission from household contacts; (iii) blood screening of blood and organ donors is performed; (iv) the risk in Australian primary schools is low; and (v) contact sports carry a low risk of infection?

(b) If so, what are the reasons for the policy of universal vaccination in infants with the hepatitis B vaccine?

Answer—

I have been advised by the Hon Craig Knowles MP, Minister for Health, that the answer to the honourable member’s questions are:

(1) (a) No.

(b) Not applicable.

(2) No.

(3) (a) (i) Yes. (ii) Yes. (iii) Yes. (iv) Yes. (v) Yes.

(b) Based on available evidence, the National Health and Medical Research Council (NHMRC) has recommended that the best and most cost-effective protection against hepatitis B in Australia is achieved by universal hepatitis B immunisation in both infants and pre-adolescents.

*186 SPECIAL MINISTER OF STATE—COMMERCIAL VEHICLE INSURANCE—Mrs Forsythe asked the Special Minister of State, and Assistant Treasurer—

(1) Why has the Compulsory Third Party (CTP) insurance profile for utilities, panel vans and other goods- carrying vehicles changed from the tare weight of the vehicle to the gross vehicle mass?

(2) What is the most recent data available, including data source date, for the following details on commercial vehicles:

(a) The number and cost of claims for compensation arising from accidents involving goods- carrying vehicles less than 2 tonnes tare weight? 455 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(b) The number of goods-carrying vehicles less than 2 tonnes tare on the road? (c) The number of vehicles that are less than 2 tonnes tare weight and greater than 4.5 tonnes gross vehicle mass (gvm)?

(d) The number and cost of claims for compensation arising from accidents involving goods-carrying vehicles 4.5 to 13 tonnes gvm?

(e) The number of goods carrying vehicles 4.5 to 13 tonnes gvm?

Answer—

(1) Previously, trucks were classified according to tare weight. There were two categories: 2 tonnes or less and the other over 2 tonnes.

In July 1997, the Commonwealth Government introduced National Registration charges for heavy vehicles. National Registration Charges define heavy vehicles as vehicles with a gross vehicle mass (GVM) of more than 4.5 tonnes. The New South Wales Roads and Traffic Authority subsequently adopted the Commonwealth model.

In response to the new RTA definition, the MAA adopted a new premium classification for goods vehicles based on GVM. The implementation of the new classification was timed to coincide with the commencement of the Motor Accidents Compensation Act on 5 October 1999.

The new classifications are:

· 4.5 tonnes GVM or less; · 4.501 – 13.9 tonnes GVM; and · over 13.9 tonnes GVM.

(2) (a) Since the commencement of the Motor Accidents Scheme on 1 July 1989 to 31 December 1999, the number of claims is 14,447 with a current estimated cost of $737.5 million. (Source: MAA Claims Register as at 31 December 1999.)

(b) For the year ending 30 June 1999, a total of 377,871 goods vehicles less than 2 tonne tare. (Source: Trowbridge Consulting based on MAA Premium Returns and RTA DRIVES data.)

(c) The Roads and Traffic Authority (RTA) has advised that standard manufacturers specifications for chassis weight and GVM do not indicate that it is possible to have goods vehicles with a tare weight less than 2 tonnes and a GVM over 4.5 tonnes.

However, there are over 1,000 goods vehicles identified by the RTA database as having this weight combination. The reasons for this inconsistency are believed to be:

· the majority of these vehicles were transferred from an old RTA system without any data validation of GVM. Manufacture dates are confined to the 1970s and 1980s;

· the remaining vehicles have invalid data for GVM; and

· other unknown factors for investigation.

The RTA has identified the vehicles. This issue has been taken up by its General Manager and will be rectified as soon as practical. The RTA intends to correct the data through system verification with manufacturers specifications.

This action will remove the possibility of goods vehicles being incorrectly classified for Green Slip insurance due to invalid GVM data. 456 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(d) This class commenced on 5 October 1999. There is limited claims data available, as at 31 December 1999 there were 4 claims reported at an estimated cost of $61,000. (Source: MAA Claims Register as at 31 December 1999.)

(e) This class commenced on 5 October 1999. The actual number of goods vehicles in this class will not be known until a full year has expired. Trowbridge Consulting provided an estimate of 38,675 vehicles to the MAA during its review of premium relativities for 2000-01.

*187 WESTERN SYDNEY—NORTHSIDE STORAGE TUNNEL PROJECT—Mr Richard Jones asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Information Technology, Minister for Energy, Minister for Forestry, and Minister for Western Sydney—

(1) Has the assessment panel for community relations prepared and released a draft report as an interim assessment of the community relations performance of the alliance responsible for the Northside Storage Tunnel Project?

(2) Has the report found that the performance of the alliance at:

(a) Manly, Scotts Creek and Tunks Park has generally been poor,

(b) Lane Cove/Hunters Hill and Quakers Hat Bay has been mixed, and

(3) Does the report therefore give the alliance an assessment score of 8.8 out of 20 or 44%?

(4) (a) Does that score represent a failure?

(b) If not, why not?

(5) Does the report state that a score of 18 to 20 is outstanding, a score of 13 to 15 is best practice, a score of 6 to 10 is business as usual, and a score of 0 to 5 is poor?

(6) How can a score of 6 to 10 or 33% to 50% possibly be accepted as business as usual?

(7) Is such a score acceptable to the community?

(8) Will the panel’s final report determine whether the alliance will be eligible for bonus payments under the term of its contract for the Northside Storage Tunnel Project?

(9) How much are those bonus payments?

(10) (a) Does the alliance only need a score of 6 out of 20 or 33% for community relations to be eligible for them?

(b) If so, why and what can and will be done to change this state of affairs?

Answer—

(1) Yes.

(2) (a) to (c) Yes.

(3) The draft interim report gives the alliance a score of 8.8 out of 20 which falls within the range of “business as usual”. 457 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(4) (a) No.

(b) The score represents business as usual in terms of the benchmark. It is the final score at the end of the project that will determine the success of the community relations activities.

(5) Yes.

(6) Business as usual is not the target. The project is aiming for outstanding performance in all non-cost objectives.

(7) It is an independently audited bench marking process. The community has had an opportunity to submit views.

(8) Yes.

(9) If the community relations objective is assessed as being above business as usual, the rewards payable is on a sliding scale until a maximum is attained for outstanding performance.

(10) (a) No.

(b) Not applicable.

*188 AGRICULTURE—MAXIMUM HARVESTABLE RIGHT DAMS CAPACITY MULTIPLIER—Dr Chesterfield- Evans asked the Special Minister of State, and Assistant Treasurer representing the Minister for Agriculture, and Minister for Land and Water Conservation—

(1) What scientific evidence can the Minister provide that validates the Maximum Harvestable Right Dams Capacity Multiplier (MHRDCM)?

(2) Will the Minister keep his written commitment that “the views of stakeholders will be heard” and allow time for land holders to reply?

Answer—

(1) The Harvestable Right allowance has been set based on 10% of run-off and implemented as a set of maps providing the Maximum Harvestable Right Dam Capacity (MHRDC) per hectare of property area. These maps were derived by:

(a) using the most up-to-date rainfall data from the Bureau of Meteorology;

(b) factoring the rainfall by regional rainfall run-off parameters, based on the figures used successfully for many years in design of farm water supply dams;

(c) taking into account evaporation and periods between replenishments for a given locality to provide the appropriate dam capacity; and

(d) comparing the figures obtained with estimated requirements for stock and domestic drought-proofing from the Department of Land and Water Conservation soil and farm dam experts. This showed that the MHRDC was greater at all locations than the estimated drought-proofing needed for rural farming properties.

The method and results were independently reviewed by Emeritus Professor John Burton of the University of New England who concluded that the methods used were appropriate and practically effective. 458 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

The methodology was also road-tested with a number of land holders in different parts of the State. Land holders were consulted in developing all aspects of the farm dams policy and the farm dams assessment guide. (2) The Minister for Land and Water Conservation has indicated that he is prepared to review the 10% harvestable right figure if a strong scientific case is put forward.

*189 AGRICULTURE—SNOWY RIVER DIVERSIONS—Dr Chesterfield-Evans asked the Special Minister of State, and Assistant Treasurer representing the Minister for Agriculture, and Minister for Land and Water Conservation—

(1) Given that 25% of Snowy River diversions go to Victoria, is it equitable that in the negotiating principles between States, the NSW Government is asking that Victoria provide 50% of the water required to achieve increased flows in the Snowy River below Jindabyne?

(2) Does this reflect the NSW Government’s approach to its allocation of water to irrigation areas in this State?

Answer—

(1) and (2) Yes. There is no relationship between the water distribution arrangements from the scheme to the west and potential flows to the Snowy River. This is a matter for negotiation as Victoria assigned its rights to the Snowy River in entering the Snowy Mountains Hydro-electric Scheme Agreements. Victoria currently obtains the benefit of 65% of the average original total inflows to the Snowy River.

*190 TREASURY—NATIONAL GRID—Dr Chesterfield-Evans asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

Given the history of the Snowy Mountains Scheme as a water distributor with hydro-electric power generation as a by-product, and considering the changes made that have brought about the National Grid and the resulting over-supply of electricity, can the Treasurer explain why corporatisation of the Snowy Scheme is necessary?

Answer—

I have been advised by the Hon Bob Carr MP, Premier, Minister for the Arts, and Minister for Citizenship, that the answer to the honourable member’s question is as follows:

Electricity and water flows for the Murray and Murrumbidgee Rivers are joint products from the Snowy Scheme. Electricity generation has made improved water supplies for irrigation to the Murray and Murrumbidgee possible and provides the revenue to maintain water infrastructure.

As part of ongoing electricity and water reforms, New South Wales and other jurisdictions are putting in place reforms to modernise business practices to deliver better outcomes for the economy and for consumers.

*191 ENERGY—NATIONAL GRID—Dr Chesterfield-Evans asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Information Technology, Minister for Energy, Minister for Forestry, and Minister for Western Sydney—

Will the Minister explain the current and future importance of the Snowy Mountains Scheme in the context of the provision of electricity to the National Grid system?

Answer—

The Snowy Mountains Scheme has the lowest generator short run marginal cost in the industry and produces clean greenhouse-friendly generation from a renewable source - water. The scheme plays a vital role in the national electricity market. It is an important supplier of peak generation and underpins the reliability and overall efficiency of electricity supply in New South Wales and in particular Victoria. 459 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*192 SPECIAL MINISTER OF STATE—MINIMUM FLOW REQUIREMENT—Dr Chesterfield-Evans asked Special Minister of State, and Assistant Treasurer—

(1) Does the Government have any intention of following the 28% minimum flow requirement as supported by the Victorian Government?

(2) If not, can the Minister explain why the NSW Government is unwilling to do so?

Answer—

The NSW Government has neither established an upper nor lower level for flows in river systems associated with the Snowy Scheme. The NSW Government continues to consult and negotiate with the Victorian, South Australian and Commonwealth Governments on these matters in order to achieve an improvement in the environment of these rivers.

*193 TREASURY—IMPACT OF GST—Mr Corbett asked the Treasurer, Minister for State Development, and Vice- President of the Executive Council—

How is the NSW Government intending to ensure that there are no negative impacts on the quality and level of service provided to the State’s low income and disadvantaged individuals and families through the impact of the GST on charities and other non-profit organisations?

Answer—

The financial burden of alleviating the effects of the GST on low income and disadvantaged individuals is one for the Commonwealth to bear. Reform of taxation and Commonwealth-State financial relations will provide no additional financial capacity for the New South Wales budget for at least several years.

The NSW Government makes substantial payments of grants and subsidies to charities and other non-profit organisations. The precise GST treatment of these payments is currently unclear, and the Australian Taxation Office is preparing a ruling to clarify the matter. At this stage, it is understood that the GST treatment of grants will depend on a number of factors and will vary depending on whether or not the recipient of a grant is registered for GST.

*194 COMMUNITY SERVICES—CHILD CARE SERVICES—Mr Corbett asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Women—

On 9 September 1999, the Legislative Council passed a motion by the Hon J. Burnswoods MLC, recognising the importance of affordable child care, congratulating the Government for its increased spending on child care and supporting the funding of high quality and affordable children’s services.

(1) What child care services are funded by the Department of Community Services in the Marrickville local government area?

(2) How much money does the department contribute to child care services in the Marrickville local government area?

(3) How many people are employed in child care services in the Marrickville local government area?

(4) (a) Does the department have any information evaluating the performance of child care services, including community opinion of child care services, available in the Marrickville area? 460 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(b) If so:

(i) Is there a difference between the standard of service provided by community-based child care centres compared to that provided by privately owned and operated child care centres? (ii) If yes, what is the difference?

(5) What service fees are charged by privately owned long day care child care centres?

Answer—

(1) There are 20 child care services funded by the Department of Community Services (DoCS) in the Marrickville local government area.

9 long day care centres: Addison Road Betty Spears Cavendish Street Deborah Little Enmore Children’s Greek Orthodox Marrickville Nursery May Murray Tillman Park

6 vacation care centres: Camdenville Ferncourt Multicultural Respite St Mary’s and St Mina’s Stanmore Petersham Activities Centre

4 pre-schools: Crusader Globe Petersham St Peters

1 special children’s project Magic Yellow Bus

(2) 1999-2000 funding level for the above services = $1,096,928.

(3) Approximately 183 people are employed in child care services in the Marrickville local government area.

(4) (a) DoCS annually develops a community services plan in each of its management areas which examines the need for community services and ways in which responses are best provided. This process includes widespread consultation with the community. Child care services funded by DoCS are requested to submit an annual report and work plan which includes commentary on community needs and views and is assessed against policy and planning priorities. Additionally, every licensed service is reviewed routinely against the licensing regulations.

(b) (i) Generally, the standard between privately owned and community-based services is similar. However, as community-based services operate on a not for profit basis, any “profit” is returned to the services by improving quality usually in materials, equipment and by the employment of additional or higher qualified staff. Also DoCS risk assessment system would seem to indicate that privately operated centres appear to have greater difficulty in meeting licensing requirements. 461 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(ii) The difference, if any, may possibly be an ideological one in that community-based centres, while essentially operating as a business, come from a very child-focussed perspective. Whereas privately operated services may come from a more business orientation.

Nevertheless, all services are experiencing considerable difficulties with viability and usage as a consequence of the Commonwealth’s policy and funding changes for child care. This has placed undue pressure on all services and families in this important community activity.

(5) Privately owned long day care child care centres charge up to $45 per day depending on the age groups of children that they take and the size of the service they provide.

*195 COMMUNITY SERVICES—CHARITABLE GOODS TRANSPORT SUBSIDY SCHEME—Mr Corbett asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Women—

(1) What items are currently transported under the Charitable Goods Transport Subsidy Scheme and for what purposes?

(2) What funds have been allocated in the 1999-2000 Budget to the Charitable Goods Transport Subsidy Scheme?

(3) (a) Is the department currently undertaking a review of the Charitable Goods Transport Subsidy Scheme?

(b) If so:

(i) What are the aims of the review? (ii) What questions have been asked of services participating in the scheme? (iii) Is withdrawing the subsidy altogether an option to be considered by the review?

Answer—

(1) The following list details those goods currently being transported through this scheme:

Donated clothing: provided to families and people in need, sold through charities shops, recycled into rags and other products. Recyclable waste products (cardboard and plastics): on-sold to Visy (Recycling) Industries. Talking book machines: provided to clients of the Blind Society. Wheelchairs and hoists: provided to clients of the Northcott Society. Nebulisers and physiotherapy tables: provided to clients of the Cystic Fibrosis Society. Food: provided to families and people in need. Medicines: provided to families and people in need in developing countries. “Trauma teddies”: provided to children in traumatic situations. Toiletries and “cosmetic care” items: provide “cosmetic care” to people with extreme skin conditions and scarring. “Faceless dolls” provided for use with children in hospitals. Toys: provided to children in need at Christmas. Christmas hampers: provided to families in need at Christmas. Furniture: provided to people in refuges to assist in independent living. General office supplies. Promotional material, display units and media releases. Linen, blankets and general household appliances: provided to people in refuges to assist in independent living.

(2) $2 million with Protected Item status. 462 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000 463 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(3) (a) Yes.

(b) (i) To review the charities using the scheme for the transportation of goods other than recycled clothing to determine the need for the subsidy.

(ii) Organisations were visited and asked:

· to provide a description of the organisation; · to provide a history of the organisation’s usage of the subsidy; · the role of the transport subsidy within the organisation for transporting miscellaneous goods and/or recycled clothing; · to comment on various funding options; and · to comment on how the scheme should operate in future.

(iii) Naturally, all options are being considered for the future transport of mis cellaneous goods.

*196 TREASURY—FUNDING OF NON-GOVERNMENT WELFARE ORGANISATIONS—Mr Corbett asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

Can the Government provide information to allay the concerns of the non-government welfare organisations that some of their services will be forced to close or reduce the level or quality of their services if sufficient Government funding is not available to cover any increases in rates and conditions as a result of the final outcome of the Australian Services Union application for a new Social and Community Services Employees (State) Award?

Answer—

I do not wish to pre-empt the outcome of the new Social and Community Services Employees (State) Award, expected to be made in April 2000, and any flow-on effects this may have for the non-government sector. However, I would expect non-government service providers to build any cost changes into their service contracts upon renegotiation. I would also expect Government departments contracting these services to take this issue into consideration during the 2000-01 Budget process.

*197 LOCAL GOVERNMENT—MARRICKVILLE COUNCIL’S CHILDREN’S SERVICES—Mr Corbett asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Local Government, Minister for Regional Development, and Minister for Rural Affairs—

(1) What was the expenditure of Marrickville Council’s children’s services division in 1998-99?

(2) What funds have been allocated to children’s services by Marrickville Council for the 1999-2000 financial year?

(3) (a) Has Marrickville Council conducted a survey of local residents to gain feedback on the community’s perceptions of council operations?

(b) If so:

(i) Did this include children’s services? (ii) What was the overall satisfaction rating with children’s services? (iii) How does this compare with other council services?

(4) How many people are employed in children’s services by Marrickville Council?

(5) Is the council committed to retaining council operated children’s services? 464 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

These are matters of operational detail in which the State Government plays no role.

If the honourable member wishes to obtain information on council expenditure, then it should be sought directly from the council.

*198 EDUCATION—TECHNICAL AND FURTHER EDUCATION—Ms Rhiannon asked the Special Minister of State, and Assistant Treasurer representing the Minister for Education and Training—

For each year from 1994-95 to 1998-99, what were:

(a) total expenses, including capital outlays, for Technical and Further Eduction (TAFE), and

(b) total Commonwealth funding for TAFE in New South Wales?

Answer—

(a) The expenses including capital outlays (on an accrual basis) for TAFE NSW for the years 1994-95 to 1996-97 are available in the annual reports of TAFE for the respective years.

Operating expenses for TAFE NSW for 1997-98 are available in the relevant annual report of TAFE. The capital outlay for TAFE NSW for 1997-98 was $88.212 million.

The 1998-99 total expenses including capital outlays for TAFE NSW was $1,307.247 million.

(b) Total Commonwealth funding for TAFE in New South Wales includes the Australian National Training Authority (ANTA) contribution. These amounts are for 1994-95 $206.077 million; for 1995-96 $218.440 million; for 1996-97 $226.486 million; for 1997-98 $213.406 million and for 1998-99 $212.102 million.

These figures do not acknowledge that the current ANTA agreement for 1998-2000 does not provide for growth funding which averaged some $23 million over the years 1993 to 1997. As the $23 million per annum was an incremental yearly increase under the previous agreement, over the 3 years of the current agreement the loss to the State is around $138 million ($23 million + $46 million + $69 million).

In addition, ANTA capital funding for New South Wales is also continuing to decrease, reducing from $78.7 million in 1996 to $59.2 million in 2000.

*199 TRANSPORT—CROSS-REGIONAL BUS ROUTE—Ms Rhiannon asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

Twelve months ago the Minister for Transport announced the introduction of a cross-regional bus route operating between Parramatta and Gladesville.

(1) Has this service commenced operating and, if so, what bus operator is providing the service?

(2) If the service has not commenced operating:

(a) Why has it not commenced operating?

(b) When will it commence operating?

Answer— 465 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(1) No.

(2) (a) to (c) The introduction of the Government’s Cross Regional Bus Service to Parramatta was placed on hold pending the outcome of negotiations for STA’s purchase of North & Western Coaches Pty Ltd.

Now that the Government’s purchase of North & Western Coaches Pty Ltd is complete, services between Gladesville and Parramatta will commence with STA buses as soon as possible, along with a number of other service improvements for the residents of the North West.

*200 TRANSPORT—BUS PRIORITY MEASURES—Ms Rhiannon asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) Did the Minister for Transport state, “The establishment of effective cross-regional bus routes requires bus priority measures (bus priority lights, lanes, etc.) to be put in place”?

(2) Can the Minister detail what bus priority measures have been put in place in the last 12 months to support cross-regional bus routes?

(3) (a) Of these measures, how many bus priority lights have been provided?

(b) What is their location?

(4) (a) What is the length of additional bus priority lanes created in the last 12 months?

(b) In what specific locations are these lanes provided?

Answer—

(1) It is recognised that bus priority measures may be required to support the efficient operation of bus services on some cross-regional routes.

(2) The Department of Transport is co-ordinating route audits to identify the bus priority needs of each route. The audits are being undertaken by a working party consisting of the Department of Transport, the Roads and Traffic Authority, the relevant bus operator, the bus and coach industry and in some cases the local council.

Audits have been completed on the following routes:

· Castle Hill to Blacktown to Liverpool. · Hurstville to Campsie. · Leichhardt to Coogee. · Brookvale to Macquarie via Pymble.

(3) and (4) Completion of audits so far has shown that the cross-regional bus routes do not require long lengths of bus lane, but rather treatment of isolated congestion spots. Notwithstanding, there are still a number of audits that will be done early in 2000 which will determine the need for the implementation of bus lanes or other priority measures.

Current proposals are:

Castle Hill to Blacktown to Liverpool 466 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

The Roads and Traffic Authority and Fairfield Council will be jointly funding reconstruction of two roundabouts on McBurney Road at Park Road and Railway Parade at Cabramatta. This will allow low floor buses using this route to access the area. Hurstville to Campsie

The Roads and Traffic Authority and Hurstville Council are jointly funding new traffic lights with a short approach bus lane and “B” priority signal at the intersection of Hurstville Boulevard and the Treacy Street overbridge. This project is scheduled to be completed by early 2000.

Brookvale to Macquarie via Pymble

The Roads and Traffic Authority has developed a proposal to extend the clearway on Lane Cove Road, Ryde Road and Mona Vale Road from Ryde to St Ives. This proposal will eliminate delays along the route, particularly through St Ives shopping centre and improve the efficient running of buses along the route. Implementation is subject to the outcome of community consultation.

*201 TRANSPORT—SCHOOL STUDENT TRANSPORT SCHEME—Ms Rhiannon asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) In 1998-99, did the Department of Transport, through its School Student Transport Scheme, pay to:

(a) the State Rail Authority an average of approximately $209 per student to transport 19,061 students,

(b) the State Transit Authority an average of approximately $415 per student to transport 30,388 students, and

(2) Does this imply that the private bus operators were reimbursed at a rate of 154% of the State Transit rate and 307% of the State Rail rate?

(3) If so, what justification is there for these discrepancies?

Answer—

(1) In 1998-99, the Department of Transport made the following School Student Transport Scheme (SSTS) payments:

1998-99 SSTS Number of Students $’000 SRA 19,061 91,360 STA 30,388 73,200 Private Operators 297,332 463,918

(2) and (3) SSTS payments are affected by the distance students travel from home to school. Payments to both STA and private bus operators are calculated at the same rate for each section travelled. However, payments to private operators include country students who travel longer distances and in more isolated areas, on non-commercial charter bus services.

*202 TRANSPORT—PAYMENTS FROM SCHOOL STUDENT TRANSPORT SCHEME—Ms Rhiannon asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

In 1998-99: 467 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(a) Which companies were the top five recipients of payments from the School Student Transport Scheme?

(b) What amount of money was paid to each of these companies? Answer—

(a) and (b) Payments are assessed on a contract by contract basis. Operators may hold more than one contract.

*203 TRANSPORT—BUS FARE INCREASES—Ms Rhiannon asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

In July 1999, the Independent Pricing and Regulatory Tribunal, after detailed consideration of an application for a fare increase by State Transit, granted that bus operator a 2.5% fare increase. In September, the Director-General of the Department of Transport granted private bus companies in metropolitan areas a 4.5% fare increase.

Given it is acknowledged that the State Transit Authority provides more frequent services over a greater span of operating hours with more modern buses than the metropolitan private bus companies, how can the Minister justify this impost of nearly double the State Transit far increase on bus passengers in western and southern Sydney?

Answer—

The weighed average fare increase granted by the Independent Pricing and Regulatory Tribunal for State Transit’s Sydney Buses in 1999 was 5.4%. This is higher than the 4.5% granted by the Director-General of the Department of Transport to private bus operators in metropolitan areas.

*204 HEALTH—PUBLIC WARD CLOSURE AT WESTMEAD HOSPITAL—Ms Rhiannon asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Minister for Health—

(1) (a) Are there plans to close the public ward at Westmead Hospital treating older teenagers with anorexia and other eating disorders?

(b) If so:

(i) Is this a temporary or permanent measure? (ii) Can the Minister supply a justification for closing this facility?

(2) (a) Are there plans to reduce the number of beds in this ward?

(b) If so:

(i) Is this a temporary or permanent measure? (ii) Can the Minister supply a justification for reducing this facility?

Answer—

I have been advised by the Hon Craig Knowles MP, Minister for Health, that the answer to the honourable member’s questions are as follows:

(1) and (2) No. The unit is being relocated to another ward. 468 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*205 EDUCATION AND TRAINING—HUNTER INSTITUTE OF TECHNICAL AND FURTHER EDUCATION—Ms Rhiannon asked the Special Minister of State, and Assistant Treasurer representing the Minister for Education and Training—

Can the Minister supply the following data for each of:

(a) 1997-98,

(b) 1998-99, and

for each section within the Faculty of Administrative Services, Hunter Institute of Technical and Further Education.

(1) The number of voluntary redundancies that have been offered?

(2) The number of hours delivered by casual teachers?

(3) The number of equivalent full-time teachers of casual teaching?

Answer—

The Hunter Institute of Technology does not have a Faculty of Administrative Services.

*206 TRANSPORT—PARRAMATTA RAILWAY STATION REDEVELOPMENT—Ms Rhiannon asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

What is the projected cost of the Parramatta Railway Station redevelopment to accommodate the Parramatta to Chatswood rail line under each of the following scenarios:

(a) If the bus-only transitway is not constructed?

(b) If the bus-only transitway is constructed and runs underground into Parramatta Station, as is currently planned?

Answer—

Concept designs for the Parramatta Railway Station as part of the Parramatta rail link and incorporating the bus- only transit ways are still being developed.

*207 TRANSPORT—SAFETY OF GOVERNMENT-PURCHASED BUSES—Ms Rhiannon asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) How many Government-purchased buses have been refused registration on the grounds of safety?

(2) Of these, how many have tanks above the passenger compartment?

(3) Can the Minister provide details of the safety concerns that were raised?

(4) Can the Minister indicate what was the purchase cost of these buses?

(5) (a) Are there any plans to improve the safety of the buses to an acceptable level? 469 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(b) If so, what is the estimated cost per bus? Answer—

I am advised by the the State Transit Authority of the following:

(1) None.

(2) to (5) Not applicable.

*208 TRANSPORT—CONSULTING SERVICES—Ms Rhiannon asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) Would the Minister provide a breakdown of all consulting services provided to each of the following organisations for 1998-99:

(a) the Department of Transport, and

(b) the Roads and Traffic Authority,

by dollar amounts in each of the following categories:

(i) Policy development? (ii) Financial services? (iii) Technical services? (iv) Environmental Impact Statement (EIS) related consulting? (v) Other?

(2) In each category, and for each organisation, what are the dollar amounts paid to the firm PPK Environment and Infrastructure Pty Ltd?

Answer—

All consultancies costing over $30,000 must be declared in the annual report of that agency, stating:

· the name of the consultant; · if the consultant has been engaged for a particular project, the name of the project; · the actual cost; and · the honourable member may wish to consult the relevant annual reports for more detailed information.

*209 ENVIRONMENT—MAROOTA FOREST—Ms Rhiannon asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

(1) Is the Minister aware of the ecological significance of the Maroota forest on the north-western edge of the Sydney Basin?

(2) Does the Minister plan to safeguard the natural filtration of water which feeds into the underground water supply from the present damage that is occurring from sand mining of this area?

(3) (a) Does the Minister intend to upgrade the Maroota forest to national park?

(b) If yes, when will this happen?

(i) Why did the Minister reach this decision? 470 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(ii) Does the Minister intend to safeguard the Maroota forest in any other way? Answer—

(1) Yes.

(2) The Environment Protection Authority (EPA) regulates and monitors surface stormwater run-off from the sandmining operations in the Maroota area through conditions attached to environment protection licences. The EPA has worked to ensure that appropriate sediment and erosion controls are in place to reduce the environmental impact of water discharges from sandmining. Licence conditions also include a requirement for licencees to regularly provide to the EPA geotechnical engineering survey results attesting to the stability and integrity of the sedimentation dams.

(3) (a) It is not proposed to reserve the Maroota forest as a national park in the foreseeable future.

(b) Not applicable.

(c) (i) Although the National Parks and Wildlife Service (NPWS) recognises the significant conservation values of the Maroota forest lands, the area was the subject of an Aboriginal land claim which was lodged in 1989. The claim was granted in January 1999 following an appeal in the Land and Environment Court. A Native Title Claim has also been lodged over the area but is yet to be determined. (ii) The NPWS is keen to establish a partnership with the local Aboriginal community to ensure that the significant heritage values of the area are protected.

*210 TRANSPORT—DEATHS AND ACCIDENT RATES ON RAILWAYS—Ms Rhiannon asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) What measures has the Minister put in place to ensure that when competitive tendering practices are brought in, companies that engage in body hire practices are not awarded the contracts?

(2) How many workers have been killed on the railways in 1999?

(3) How many of these workers were working on private and how many on public railway lines?

(4) (a) How many of the workers that have died on the railways were outsourced workers?

(b) Did these workers die on the private or public lines?

(5) Have there been any studies done on comparisons between deaths and accident rates of body hire companies and publicly-employed workers?

Answer—

(1) Rail Safety Act Accreditation Standards for railways operating in New South Wales require them to assume overall responsibility for the safety of all those engaged in their operations. This requirement is intended to ensure the safety of employees and contractors alike.

(2) Two track workers.

(3) Both were employed by the State-owned Rail Services Australia.

(4) (a) None.

(b) Not applicable. 471 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(5) Given the Occupational Health and Safety thrust of this question, it is more properly addressed to my colleague, the Minister for Industrial Relations. *211 JUVENILE JUSTICE—YOUNG OFFENDERS ACT—Ms Rhiannon asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment—

(1) What measures have been taken to educate police regarding the intent of the Young Offenders Act?

(2) What effect has the implementation of this Act had on the arrest rate of young people?

Answer—

(1) The Department of Juvenile Justice is responsible only for the administration of the Young Offenders Act as it concerns Youth Justice Conferencing.

The Department of Juvenile Justice has participated in a number of initiatives undertaken by the Police Service in relation to the training and education of Police Service staff in the Young Offenders Act 1997.

Youth Justice Conferencing Administrators have participated in Police Youth Liaison Officer forums in March 1998, October 1998 and August 1999.

I am advised that articles on the Act and related information have been published in the Police Service Weekly. Two segments have also been presented on Police Service television in March 1998 and August 1999.

I am further advised that a mandatory training package for 1998-99 was delivered by Police Education Officers, Police Youth Liaison Officers and Department of Juvenile Justice Conference Administrators in most Police Local Area Commands.

A Specialist Youth Officer (SYO) competency-based accredited training package, prepared jointly by a Conference Administrator and two Police Youth Liaison Officers, has been delivered to over 250 police in many areas of the State. This training has included Custody Managers, Crime Managers, Police Prosecutors and Local Area Commanders. Further delivery of this training is planned for 2000 and the Police Academy has undertaken to ensure this training is delivered in every area of the State.

Regular meetings at the local level have been conducted between Department of Juvenile Justice Youth Conference Administrators and their respective Youth Liaison Officers. Conference Administrators also meet as needed with a variety of Police Service personnel on the operation of the Young Offenders Act.

(2) Information on rates of arrest of young people is not the responsibility of the Department of Juvenile Justice.

However, while not directly linked, the decline in detention centre numbers and the 15% reduction in Children’s Court appearances since the commencement of the Young Offenders Act would suggest that formal arrest rates of young people have marginally declined since the Act was introduced.

*212 FISHERIES—WATER QUALITY CONTROL POND—Ms Rhiannon asked the Minister for Mineral Resources, and Minister for Fisheries—

As Warringah Council has the opportunity to present new evidence in relation to the Water Quality Control Pond at a case before the Land and Environment Court in February 2000, will the Minister take steps to reject, or at least defer, the issuing of a permit to excavate the creek on the Ardel site at Manly Dam in order to construct this pond? 472 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

I wish to inform the honourable member that the Department of Fisheries recently issued the permit.

I am advised the reasons for doing so were two-fold. Firstly, the proposed pond is part of an original Land and Environment Court approval to develop infrastructure and services on the site and, secondly, the related environmental issues concerning fish or aquatic habitats could be overcome with appropriate permit conditions.

*213 TRANSPORT—FOREIGN-FLAGGED SHIPS—Ms Rhiannon asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) Does the NSW Government have any contracts with foreign-flagged ships for transport requirements of the Department of Public Works or any other Government departments?

(2) If the Government does have such contracts:

(a) What ships are involved?

(b) What work do they undertake?

Answer—

(1) Yes.

(2) (a) Advice has been received that there is a contract between the Department of Public Works and Services and the MV Sitka. As the Minister for Transport and Minister for Roads is not responsible for the letting of government contracts, advice on any other contracts that the Government has with any other vessels has not been provided.

(b) The MV Sitka carries general cargo between Yamba and Lord Howe Island. Information has not been provided on cargo carried by any other vessels that may be contracted to the Government.

(c) The Department of Public Works and Services is responsible for the awarding of these contracts. The Department falls within the responsibility of the Minister for Public Works and Services.

*214 ENVIRONMENT—MACARTHUR STATE RECREATIONAL AREA—Ms Rhiannon asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

(1) Is the Minister aware that there are plans to establish a shooting range and expand clay mining in the headwaters of the Georges River known as the Macarthur State Recreational Area?

(2) Does the Minister anticipate that these developments will have a detrimental impact on the Georges River?

(3) Considering it had been anticipated that when underground coal mining ceases the Macarthur State Recreational Area will become a national park, does the Minister anticipate that these activities will degrade this are so it would no longer be suitable as a national park? 473 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

(1) Yes. These sites directly abut the Dharawal (not Macarthur) State Recreation Area.

(2) Any proposals to establish a shooting range or expand clay mining activities will have to be assessed under the requirements of the Environmental Planning and Assessment Act and Threatened Species Conservation Act. These assessments will determine whether the proposals are likely to have any detrimental impact on the Georges River.

(3) See answer to (2).

*215 URBAN AFFAIRS AND PLANNING—MACARTHUR STATE RECREATION AREA—Ms Rhiannon asked the Special Minister of State, and Assistant Treasurer representing the Deputy Premier, Minister for Urban Affairs and Planning, Minister for Aboriginal Affairs, and Minister for Housing—

(1) Considering two former New South Wales Premiers, Mr Neville Wran and Mr John Fahey, and the current Premier, Mr Bob Carr, have publicly stated that the Macarthur State Recreation Area should be protected, will the Minister ensure that inappropriate activities, such as clay mining and a shooting range, not be given development approval?

(2) Does the Minister believe it is appropriate to use Crown land for a shooting range?

(3) Does the Minister believe it is appropriate to conduct clay mining on the Crown land known as Macarthur State Recreation Area considering this area makes up the headwaters of the Georges River?

Answer—

(1) The only State recreation area in the Georges River catchment in the Macarthur area is the Dharawal State Recreation Area. I am unaware of any proposals for clay mining or a shooting range within this area. I am currently considering an application for the development of a shooting range adjacent to this State recreation area. Additional information has been requested from the applicant and when it is available I will be able to determine the application. I understand that a development application for clay mining on land adjacent to the shooting range proposal is under consideration by Wollondilly Shire Council. I have no role in this determination.

(2) I understand that the shooting complex is proposed on Crown land and when the additional information is received I will be in a position to make a determination.

(3) I am unaware of any proposals for clay mining in the Dharawal State Recreation Area. Any proposal for clay mining in the State recreation area would need to undergo environmental assessment and this would include assessment of its impact on the Georges River.

*216 HOUSING—SHORT-TERM ACCOMMODATION—Ms Rhiannon asked the Special Minister of State, and Assistant Treasurer representing the Deputy Premier, Minister for Urban Affairs and Planning, Minister for Aboriginal Affairs, and Minister for Housing—

(1) As part of the preparations for staging the Olympic Games in Sydney, have any provisions been made to provide short-term accommodation for the people who at present sleep on the streets and in the parks of Sydney?

(2) If such preparations are under way:

(a) What is the budget allocation for this assistance?

(b) What type of accommodation will be provided? 474 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(3) If short-term accommodation will be provided:

(a) How many men will it cater for?

(b) How many women will it cater for?

(4) If there is no intention to provide short-term accommodation, is it planned that homeless people will be asked to move out of Sydney or to another suburb?

(5) If people refuse to take up short-term accommodation or to move out of Sydney, will they be arrested by the police?

(6) If it is not proposed to arrest people, will the Government allow people who wish to, to continue sleeping on the streets and in the parks of Sydney?

Answer—

(1) No. However, each year the Departments of Housing and Community Services provide short-term accommodation for people in need on an ongoing basis through their administration of the Crisis Accommodation Program and the Supported Accommodation Assistance Program. The Government accords these programs as high priority and services are available at all times to people in need. On a regular basis, the Department of Housing also makes temporary accommodation available to homeless people in low cost hotels or motels in situations where regular services are either not located or unavailable.

(2) (a) During 1999-2000, the Government will commit over $100 million directly to homeless people’s services through the Crisis Accommodation Program and the Supported Accommodation Assistance Program throughout New South Wales. Significant annual funding (approximately $26 million) is also provided by the Department of Housing to assist people into private rental accommodation.

(b) The Crisis Accommodation system provides a wide range of accommodation from hostels and refuges through to independent housing.

(3) The Government’s existing programs provide several thousand bed places across the State. These services will continue to be available throughout the year. Men, women and families with dependent children are all assisted.

(4) There is no intention to move people who are homeless out of Sydney.

(5) There is always a percentage of homeless people who refuse an offer of accommodation assistance. The Government’s ongoing policy is that these people have a right to remain in public places.

(6) As per question (5).

*217 TREASURY—TOBACCO FRANCHISE FEES—Ms Rhiannon asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

(1) Under a Federal-State agreement, does the State receive revenue from the Federal Government equal to the amount that was collected from tobacco franchise fees prior to the High Court decision invalidating franchise fees?

(2) Does the Treasurer agree that this agreement implies that the State of New South Wales gains revenue from the sale of tobacco products?

(3) Under this arrangement, how much revenue is received by the State of New South Wales for the financial years 1998-99, 1997-98 and 1996-97? 475 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(4) How much of this revenue is attributable to under-age smokers?

Answer—

(1) The State of New South Wales receives tobacco revenue replacement payments from the Commonwealth broadly equal to the amount that would have been collected from tobacco franchise fees prior to the High Court decision invalidating franchise fees.

(2) The State of New South Wales receives tobacco revenue replacement payments from the Commonwealth. These payments are related to the weight and value of tobacco products sold.

However, with the change in intergovernmental arrangements in conjunction with the introduction of the GST on 1 July 2000, New South Wales will no longer receive tobacco revenue replacement payments from the Commonwealth.

(3) In 1998-99, the NSW Government received $1,046 million in tobacco replacement revenue from the Federal Government.

In 1997-98, the NSW Government received $815 million in tobacco replacement revenue from the Federal Government and $77 million was raised directly from the previous tobacco business franchise fees.

In 1996-97, the NSW Government received no tobacco replacement revenue from the Federal Government. However, $885 million was raised directly from the previous tobacco business franchise fees.

(4) It is impossible to reliably estimate the revenue derived from illegal sales of tobacco products to minors.

*218 AGRICULTURE—NEWCASTLE DISEASE—Ms Rhiannon asked the Special Minister of State, and Assistant Treasurer representing the Minister for Agriculture, and Minister for Land and Water Conservation—

With respect to the outbreak of Newcastle Disease at Mangrove Mountain earlier this year:

(1) How many commercially-grown chickens were destroyed?

(2) What steps were taken to ensure that the transport of commercially-grown chickens out of the vicinity of the outbreak did not cause a further spread of the disease?

(3) What studies have been conducted to ensure that the burial of destroyed animals is secure and that there is little or no risk of infection being transmitted from the burial site?

(4) How many non-commercial birds were destroyed?

(5) Of these, how many were confirmed to have carried the disease?

(6) What measures did the department put in place to ensure that the eradication of non-commercial birds was necessary?

(7) (a) What studies have been conducted to ascertain if the widespread destruction of non-commercial birds achieved any reduction of the spread of the disease?

(b) What were the result of those studies?

(8) What steps have been taken to minimise the risk of a further outbreak of the disease in New South Wales?

(9) What steps have been taken to ensure that in the event of a future outbreak, the risk to native wildlife is minimised? 476 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000 477 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

(1) 1,815,232 commercial birds on farms located within the Restricted Area (RA) were destroyed in the control program (E&OE).

(2) During the outbreak, no commercially grown chickens were allowed out of the restricted zone. 24-hour road blocks were maintained by police and regulatory staff on the boundary of the restricted zone with inspections of all vehicles passing through the RA, except certain commercial vehicles given exemption under permit.

Chickens and product (including packaging materials) from the Control Area (CA) were able to be moved under permit after an appropriate risk assessment was carried out.

(3) Deep burial is an internationally accepted method for the disposal of infectious material. The vast majority of material that was buried was contained within shipping containers, with the burial pits themselves being lined with high density polyethylene.

The Newcastle Disease virus is susceptible to putrefaction, thus it will be destroyed within the burial pit. The liners in the pit will prevent ground water contamination. The covering of the pits are such to prevent run-off entering the pits, creating an overflow effect.

(4) 2,372 non-commercial birds were destroyed within the RA (E&OE).

(5) One non-commercial flock, which was destroyed within the RA, was found to be carrying the virulent virus.

(6) The department followed the guidelines laid out in Ausvetplan which requires that all susceptible species within an area, where a stamping out procedure is in place, need to be destroyed as they have the potential to maintain a reservoir of disease. The finding of an infected non-commercial flock within the RA gives support to this procedure.

(7) (a) No studies, as described, were carried out during the Mangrove Mountain program to test the hypotheses expounded in this question. As a part of the Ausvetplan, wild animal control is an essential part of some disease eradication programs. Examination of the wild birds gathered during the campaign failed to isolate virulent Newcastle Disease virus.

(b) There are no results to report.

(8) In mid-December 1999, a new variant virus was identified by NSW Agriculture and the Australian Animal Health Laboratories, Geelong, that was very similar to the strain of virus responsible for the Newcastle Disease outbreak in April 1999. For this reason, Australia’s Consultative Committee on Emergency Animal Diseases decided that poultry flocks in the Mangrove Mountain area should be vaccinated as a precautionary measure to significantly reduce the risk of a new Newcastle Disease outbreak.

Over 4 million commercial birds on 70 poultry farms in the Mangrove Mountain, Peats Ridge, Somersby and Kulnura area were vaccinated over the weekend of 18, 19 and 20 December 1999.

Following the outbreak in the Mangrove Mountain area, industry have increased their awareness of disease control. Increased levels of biosecurity should greatly reduce the spread of disease. Industry recognises that as part of their biosecurity programs, the separation of farms plays a role preventing the spread of disease agents by aerosol.

(9) Increased levels of biosecurity have resulted in the improved screening of poultry sheds to prevent the ingress of wild birds. This physical separation should reduce the risk of native birds becoming infected. The results of the wild bird monitoring during the past outbreak provide support that wild birds did not play an important epidemiological role in this outbreak. This is not to deny overseas evidence of the role of parrot birds in the spread of virulent Newcastle Disease virus in previous outbreaks. 478 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*219 COMMUNITY SERVICES—CHILD AT RISK NOTIFICATIONS—Mr Corbett asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Women—

(1) (a) Does each of the Department of Community Services’ Community Service Centres record the number of section 22 child at risk notifications it receives?

(b) If so, how many section 22 child at risk notifications were received by the Department of Community Services:

(i) in the 1998-99 financial year, and (ii) from June 1999 to the most recent date available?

(2) How many section 22 child at risk notifications were culled or filed without a field response:

(a) in the 1998-99 financial year, and

(b) from June 1999 to the most recent date available?

(3) (a) Does each of the Department of Community Services’ Community Service Centres record the number of intake only reports it receives?

(b) If so, how many intake only reports were received and/or recorded by the Department:

(i) in the 1998-99 financial year, and (ii) from June 1999 to the most recent date available?

(4) (a) Does each of the Department of Community Services’ Community Service Centres record the number of cases that were at some stage unallocated?

(b) If so, how many cases marked unallocated were filed without a field response:

(i) in the 1998-99 financial year, and (ii) from June 1999 to the most recent date available?

(5) (a) Does each of the Department of Community Services’ Community Service Centres record the number of unallocated Care and protection cases?

(b) If so, how many Care and protection cases, including substitute care cases, were on an unallocated list under the Department’s Priority One Policy at the end of the flex period:

(i) in the 1998-99 financial year, and (ii) from June 1999 to the most recent date available?

(6) How many District Officer substantive positions specifically allocated to investigate child abuse notifications were vacant as of 30 November 1999?

Answer—

(1) (a) Yes, the department records the number of section 22 child at risk notifications.

(b) (i) The department received 57,834 section 22 child at risk notifications for the financial year 1998-99. (ii) Preliminary data indicates approximately 14,500 child at risk section 22 notifications were received for July to 30 September 1999. 479 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(2) (a) No notifications were culled. All reports receive a risk assessment at time of intake and approximately 15,000 were determined not to require a field response.

(b) No notifications were culled. All reports receive a risk assessment at time of intake and preliminary data indicates approximately 3,000 were determined not to require a field response

(3) (a) Yes, the department records the number of intake only reports.

(b) (i) The department received 28,981 reports indicating a concern for a child or request for assistance for the financial year 1998-99 which were recorded as intake only not requiring a field response. (ii) Preliminary data indicates approximately 5,600 reports indicating a concern for a child or request for assistance which were received for July to 30 September 1999 and were recorded as intake only not requiring a field response.

(4) and (5)

(a) There is no central record of cases marked as unallocated. An unallocated case is one where a District Officer or a more senior Assistant Manager has assessed that there is no immediate risk, through the use of a standardised risk assessment. All cases are regularly reviewed and re-prioritised.

(b) It is not possible to provide this information.

(6) Only District Officer (JIT) positions are tasked solely to investigate child abuse notifications. At 30 November 1999, one of these positions was vacant.

*220 EDUCATION—SCHOOL COUNSELLORS—Mrs Forsythe asked the Special Minister of State, and Assistant Treasurer representing the Minister for Education and Training—

(1) Does the new teachers’ award propose reclassifying school counsellors as professional officers?

(2) Will these counsellors lose $13.83 a day under the new award?

(3) Is the move to reclassify school counsellors part of a secret Government agenda to contract out the service?

(4) Can the Minister give an assurance to school counsellors that their jobs are secure?

Answer—

(1) Under the Department of Education and Training’s amended award application, school counsellors are included in Professional Officers (Non Teaching).

(2) No. Salaries for school counsellors will increase substantially. A school counsellor at the top of the salary scale in 1999 will receive a salary increase of 11.59 per cent over the life of the award.

(3) No.

(4) Yes.

*221 TREASURY—AUSTRALIAN SECURITIES AND INVESTMENT COMMISSION INQUIRY—Mr Gay asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

(1) (a) Was the Treasurer, as shareholding Minister, made aware of the Australian Securities and Investment Commission (ASIC) inquiry into allegations of insider trading at Integral Energy?

(b) If so, on what date? 480 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(2) Is ASIC conducting any other inquiries into similar allegations at any other NSW Government-owned electricity distributor or generator?

(3) What action did the Treasurer, as Treasurer and shareholding Minister, take when made aware of the ASIC investigation?

(4) Is the former Integral Energy Chief Executive Officer, Jeff Allen, still employed under the Public Sector Management Act 1988 despite departing from Integral Energy last week?

(5) (a) Will the Treasurer release the details of Mr Allen’s departure from Integral Energy?

(b) If not, why not?

Answer—

(1) (a) Yes.

(b) 2 November 1999.

(2) Not to my knowledge.

(3) Treasury examined the facts and circumstances of the issue and received assurances from Integral Energy that correct and proper procedures were in place.

(4) No.

(5) (a) No.

(b) The details are private and confidential to Mr Allen and to Integral Energy.

*222 HEALTH—COMMONWEALTH GRANTS TO NEW SOUTH WALES HOSPITALS—Dr Chesterfield-Evans asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Minister for Health—

(1) Is the Minister aware of an article in yesterday’s (29 November 1999) Sydney Morning Herald where the Federal Minister for Health, Dr Wooldridge, was claimed to have said that New South Wales hospitals had received only $53 million out of $95 million in Commonwealth grants?

(2) Did the Federal Minister go on to be quoted as saying “We don’t know what happened to the other $42 million. We think it went to the Olympics.”?

(3) How could the Federal Minister be under the impression that $42 million destined for New South Wales hospitals was siphoned off to the Olympics?

(4) Can the Minister provide any details to this House that show how badly off the mark his Federal counterpart might be?

Answer—

I have been advised by the Hon Craig Knowles MP, Minister for Health, that the answer to the honourable member’s questions are:

(1) to (4) Under the Australian Health Care Agreement, funding must go directly into providing health services and cannot be redirected elsewhere. As I said in my media release of 9 November 1999, the Federal Minister for Health’s statement shows he does not understand his own Health Care Agreement. The agreement 481 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

between the Commonwealth, States and Territories is a very specific contract to fund health services. Not one cent has been taken away from that agreement. *223 URBAN AFFAIRS AND PLANNING—LOCAL ENVIRONMENT PLAN AMENDMENT—Mr Breen asked the Special Minister of State, and Assistant Treasurer representing the Deputy Premier, Minister for Urban Affairs and Planning, Minister for Aboriginal Affairs, and Minister for Housing—

(1) Is the Minister aware that I wrote to him on behalf of Paul Richmond of Bangalow regarding a reconsideration of Byron Local Environment Plan Amendment 61 on 11 August and 29 September 1999?

(2) Is the Minister likely to respond to my letters before the next millennium?

(3) Does the Minister take 3 months to deal with inquiries from other members and does he always fail to reply to correspondence?

Answer—

(1) to (3) I have received the honourable member’s correspondence in this matter and have responded to him. The delay in my response has been caused by the fact that the matter is subject to current action in the Land and Environment Court initiated by Mr Richmond.

*224 PREMIER—INDEPENDENT COMMISSION AGAINST CORRUPTION—Mr Breen asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Premier, Minister for the Arts, and Minister for Citizenship—

(1) In view of the decision by the Government not to allow the Independent Commission Against Corruption (ICAC) Commissioner, Irene Moss, to merge her old job as Ombudsman with the new ICAC job, what steps will be taken to make the ICAC more accessible and useful in the way it investigates corruption?

(2) Does the Premier agree that the ICAC is a toothless tiger so far as the people of New South Wales are concerned because of the few successful prosecutions it has mounted in the 10 years of its existence?

(3) What steps does the Government intend to take to make the ICAC more accountable and to better serve the people of New South Wales?

Answer—

I have been advised by the Hon. Bob Carr MP, Premier, Minister for the Arts, and Minister for Citizenship, that the answer to the honourable member’s questions are:

(1) No legislative proposals are planned. However, no doubt the new Commissioner of the ICAC, Ms Irene Moss, will take all necessary administrative steps to ensure the accessibility and usefulness of the ICAC.

(2) No. The ICAC is an investigative body, not a prosecuting agency.

(3) The ICAC is accountable to the Parliament through the Joint Parliamentary Committee on the Independent Commission Against Corruption.

*225 TRANSPORT—M5 EAST MOTORWAY EXHAUST STACK—Ms Rhiannon asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) Is the Minister aware of the Child report commissioned by Canterbury Council (April 1999) that shows that the Department of Urban Affairs and Planning (DUAP) approval for the M5 East motorway exhaust stack condition 72 limit for PM10 – 24-hour average of 50 µg/m3 is already being exceeded at Earlwood and Turrella on a regular basis? 482 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(2) Given that there is also a growing body of evidence showing direct deleterious impact of PM particles on human health, as evidenced by the Supercities program in the USA and that the DUAP condition of approval (No 74) requires the fitting of equipment to reduce these emissions:

(a) What equipment has been investigated?

(b) What is the estimated cost?

(3) (a) What is the estimated cost of the following components:

(i) 800 m exhaust tunnel? (ii) Exhaust stack? (iii) Operational cost of vent fans, electricity generated?

(b) (i) What are the actual costs for each of these components? (ii) How do they compare with initial estimates under the 1996 proposal? (iii) How do they compare with initial estimates under the 1997 proposal?

(c) What is the justification for the change in design from three short stacks on high ground to one tall stack in a valley connected by an 800 m exhaust tunnel?

(4) What cost savings have been achieved by reducing the number of air intakes from four to one?

(5) What budget has been allocated:

(a) to undertake appropriate and comprehensive monitoring of air quality within a set radius (2 km) surrounding the tunnel, and

(b) to implement solutions if a problem occurs?

(6) What allowance has been made for noise abatement equipment associated with the running of the ventilation system for the single air intake now that a larger volume of air will be moved through one intake?

(7) What is the impact of the 800 m exhaust tunnel and stack on greenhouse gas emissions and ozone production?

(8) (a) What plans have been made for fitting all buildings in the Wolli Creek valley with filtration systems so that the health of the inhabitants is not adversely affected by the exhaust stack associated with the M5 East roadway?

(b) What is the estimated cost of this ameliorative action?

Answer—

(1) The Minister is aware of the Child report. In setting the stringent goal of 50 µg/m3 for PM10 – 24-hour average, the Department of Urban Affairs and Planning recognised that there would be occasional exceedences whether or not the M5 East Motorway is built. There is no evidence that the PM10 goal is being exceeded on a regular basis.

(2) (a) Electrostatic precipitators are available for removing a proportion of PM10. There is no commercially available system operating in a tunnel anywhere in the world for treating the gaseous component of vehicle emissions before emitting outside a tunnel.

(b) The cost of installing an electrostatic precipitator to treat the design exhaust rate prior to emitting from the stack at Turrella is estimated to cost $40 million assuming no delays to construction of the project. Taking into account potential delays to the project, the cost of installing electrostatic precipitators would add between $55 million to $70 million. The stack at Turrella would still be required to disperse the gaseous component of vehicle emissions. 483 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(3) (a) (i) The estimated cost of the horizontal 700-metre long exhaust tunnel is $8 million. (ii) The estimated cost of the stack structure is $1 million. (iii) The operation and maintenance cost of operating the ventilation is about $2 million per annum.

(b) The breakdown of the contractors budget costs for each component is not known.

(c) The change from three stacks at Bardwell Park to one stack at Turrella was in response to public comment on the 1996 Supplement to the 1994 EIS. Overall, the single stack at Turrella reduced the social and environmental impact on the community.

(4) The effect on the contractor’s price of using one air intake, as with other individual components of the ventilation system, is not known.

(5) Cost of designing a ventilation system to meet the air quality goals, including monitoring, to meet the requirements of Condition 75 is included in the contractor’s price for design and construct of the motorway, which is within the RTA’s overall budget of $750 million for the M5 East.

(6) The specific allowance in the constructor’s design and construct price for providing noise abatement equipment to meet EPA requirements at the air intake is not known.

(7) On opening of the M5 East Motorway, there should be a reduction in overall regional greenhouse emissions due to improved travel times, less congestion and removal of cars and heavy trucks from local streets.

(8) (a) and (b) Filtration systems in all buildings in the Wolli Creek Valley are not required. Air quality goals have been set by EPA to protect residents’ health. A monitoring network is to be established to confirm the goals are achieved during operation.

*226 TRANSPORT—M5 EAST PROJECT—Ms Rhiannon asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) What is the estimated cost of providing property value guarantees for residents whose property values will fall as a result of the health, visual and environmental impacts of the M5 East exhaust stack?

(2) What are the estimates of litigation and compensation costs if the NSW Government is found to be negligent in the M5 East project?

(3) What are the estimates of additional health costs to the Government and the community due to illness and increased deaths caused by stack emissions?

(4) Given that the Department of Urban Affairs and Planning (DUAP) Condition of Approval 79 states that “The proponent must examine international developments in tunnel emission treatment systems, in consultation with the EPA and the Director-General …”:

(a) What studies has the Roads and Traffic Authority (RTA) undertaken?

(b) What are the estimated costs of non-stack options such as these adopted in Norway and Japan?

(5) The advice given in the 1997 DUAP report (Review of International Practices in Ventilation and the Treatment of Exhaust Emissions from Road Tunnels in Selected Countries) stated that “Emerging and certainly projected practice in Norway does not rely on exhaust stacks in tunnels but extensively relies on treatment of exhaust instead. This applies to the tunnels I have observed as well as to those planned or under construction. Arguments presented by Norwegian officials in support of this practice and in light of experience are: the approach represents best practice for ventilating tunnels in urban areas; the technology can be used to reduce concentrations of particulates and NOx in tunnel exhaust (particularly NO2 with advanced research in NO control); better visibility in tunnels; eliminate in many cases the need for exhaust stacks and (in the Norwegian context) a simpler approval process given strong community opposition to stacks; and a reduction in the running cost and energy requirements in tunnel ventilation systems.”

Why was this advice not followed? 484 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(6) (a) What are the estimated costs of reviewing the design of the tunnel to implement more environmentally responsible emission systems?

(b) What is the cost benefit analysis of implementing such a design?

Answer—

(1) A Property Value Guarantee (PVG) is only available for residential property owners above the tunnels or within 100 metres of the portals. It is not proposed to extend the PVG.

(2) The validity of the environmental assessment process was tested in the Land and Environment Court and subsequently in the Court of Appeal.

Both courts ruled that the environmental assessment for the M5 East proposal, including the single stack at Turrella, complied with the requirements of the Environmental Planning and Assessment Act 1979.

(3) The air quality goals in the project approval conditions were based on broad studies and set by EPA to protect community health.

The Conditions of Approval also require the RTA to work with the Department of Urban Affairs and Planning, the EPA and the Department of Health to identify strategies for improving regional air quality.

One aim is to identify key contributors to air quality in the area and formulate strategies to control these sources of pollution and impact on existing background levels for the benefit of the community in the region. The RTA will be contributing $2.5 million to implement the findings of these studies.

(4) (a) The latest review of international developments in tunnel emission treatment systems is contained within the September 1999 report by Evans & Peck Management. The RTA is continually monitoring international developments through professional contacts overseas.

(b) There are no commercially available systems operating in a tunnel anywhere in the world for treating the gaseous component of vehicle emissions before emitting outside a tunnel that would allow the project approval conditions to be met. A stack is still therefore required at Turrella for dispersion of gaseous emissions.

(c) The RTA proposes to construct the M5 East Motorway in accordance with the project approval. This includes providing for treatment systems at Turrella, if required in the future, in accordance with Approval Condition 74.

(5) The quotation given in the question is from Appendix F of the DUAP Report and is only a small segment from a section devoted to the practice in Norway. Other sections of the Appendix discuss the practices in Austria and other European countries and Japan. The conclusions drawn from the Austrian practice are very different from the Norwegian and highlight the different approach between the European countries and Norway. The conclusion drawn at the end of the Appendix in section 4 states that “Predominant current practice worldwide (with the exception of few countries notably Japan and Norway) is the use of high ventilation rates within tunnels and exhaust emissions via elevated stacks and partly through portals. Elevated stacks and ventilation rates for fresh air intake are designed to achieve (without any treatment) ground level concentrations of main pollutants (particulate matter PM10 and Nitrogen Oxides, mainly NO) well below established criteria for the protection of health and amenity on the basis of both existing background levels in a locality and added emissions from the stack.”

Electrostatic precipitators are available for removing a proportion of PM10 particulate. There is no commercially available system operating in a tunnel anywhere in the world for treating the gaseous component of emissions before emitting outside the tunnel that would allow the project approval conditions to be met. A stack is therefore still required at Turrella to disperse gaseous emissions.

The RTA, in accordance with Condition 74 of the project approval, is providing for treatment systems if required in the future. 485 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(6) (a) and (b) Construction of the motorway is being done in an environmentally responsible way in accordance with the project approval which includes requirements for monitoring of air quality during operation (Condition 75) and treatment systems (Condition 74) if required in the future.

Modifications to the road tunnel, which is currently 20% complete, would incur substantial costs if construction of the tunnel is delayed.

*227 TRANSPORT—STATE TRANSIT SERVICES—Ms Rhiannon asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) What percentage of State Transit vehicles are air-conditioned and have low floors?

(2) What percentage of State Transit vehicles servicing the Star City Casino are air-conditioned and have low floors?

(3) What is the total cost of running State Transit services to the Star City Casino, calculated on an annualised basis?

(4) How much revenue is recovered from passengers on State Transit services to the Star City Casino, calculated on an annualised basis?

(5) What is the average gross cost per passenger/km of buses on State Transit services?

(6) What is the average gross cost per passenger/km of buses on State Transit services to the Star City Casino?

Answer—

I am advised by the State Transit Authority of the following:

(1) 17 per cent.

(2) to (4) There are no State Transit services that provide specific transport to Star City Casino. Star City is on the route of two services, Route 888 is a City loop service operating 336 services per week to a number of City locations. The service is one of STA’s wheelchair accessible routes requiring all vehicles to be the more modern low-floor, air-conditioned buses. Route 443 connects the Pyrmont peninsular with the CBD and operates 578 services per week. This information is commercial-in-confidence and not for general release.

(5) State Transit does not measure passenger/kilometres because, although it is recorded where a passenger joins a service, it is not possible to record where they alight.

(6) See (5) above.

*228 FAIR TRADING—BAD TENANT DATABASES—Ms Rhiannon asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Fair Trading, and Minister for Sport and Recreation—

(1) Is the Minister aware of the existence of bad tenant databases that are used by real estate agents to blacklist tenants?

(2) Does the Minister have evidence that these databases are being used to deny people in New South Wales their basic human right of housing?

(3) Does the Minister believe that bad tenant databases operate outside internationally recognised privacy and data protection principles? 486 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(4) Is the Minister considering any form of regulation of these databases in order to offer some protection to people who rent property in New South Wales?

(5) If the Minister is considering regulating these databases, when does the Minister plan to act on this problem?

Answer—

(1) I am aware of the existence of tenancy referral services or tenant databases. These are commercially run databases which receive information about tenants from landlords and real estate agents.

(2) In order to obtain more information about the impact of tenant databases on access to housing, the Rental Bond Board has funded the National Council of Social Services of New South Wales (NCOSS) to examine this issue, as part of a wider project on barriers to access to private rental accommodation for disadvantaged people.

(3) The project being carried out by NCOSS is expected to provide more information about the practices of the different database operators.

(4) The Government will await the results of the NCOSS project before deciding what action, if any, should be taken.

(5) As noted above, the Government will await the results of the NCOSS project before deciding what action, if any, should be taken.

*229 ENVIRONMENT—MONGARLOWE MALLEE MANAGEMENT PLAN—Ms Rhiannon asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

(1) Is the Minister aware that it is widely recognised that there are only three specimens of Eucalyptus recurva, commonly known as the Ice Age Gum or Mongarlowe Mallee, in the world?

(2) (a) Has a management plan been drawn up to help safeguard this species?

(b) If so, what stage is the plan at?

(3) Is the Minister aware that a landfill project could occur quite close to the location of one of the three specimens of Eucalyptus recurva?

(4) Has the National Parks and Wildlife Service or any other body associated with the Department of the Environment made a submission about the proposed landfill project to the Mulwaree Shire?

Answer—

(1) Yes.

(2) (a) A management plan has not yet been prepared to protect this species. However, one of the conditions of Mulwaree Shire Council’s recent deferred consent for a landfill proposal requires the preparation of a site management plan.

(b) A draft management plan is currently being prepared by a consultant for the developer who is liaising closely with NPWS during preparation of this plan. 487 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(3) Yes.

(4) On 26 May 1999, the National Parks and Wildlife Service (NPWS) lodged a submission to Mulwaree Shire Council in response to the Environmental Impact Statement prepared for the Windellama landfill proposal. In that submission, the NPWS advised council that it believed remedial measures were urgently required to curtail environmental impacts to the Mongarlowe Mallee. These concerns were subsequently incorporated into council’s conditions of deferred consent.

*230 GAMING AND RACING—CASINO CONTROL AUTHORITY—Ms Rhiannon asked the Special Minister of State, and Assistant Treasurer representing the Minister for Gaming and Racing, and Minister Assisting the Premier on Hunter Development—

(1) Did the Casino Surveillance Division of the Department of Gaming and Racing furnish the Casino Control Authority with a report(s) into allegations made in an Internal Audit Report prepared by Sydney Harbour Casino against Mr John St Vincent Welch?

(2) How many reports were made by the Casino Surveillance Division to the Casino Control Authority into the allegations made by Sydney Harbour Casino against Mr St Vincent Welch?

(3) On what dates were the report(s) provided by the Casino Surveillance Division to the Casino Control Authority?

(4) Did the Casino Control Authority refuse the Minister access to a copy of the report(s) between 13 August 1997 and 30 September 1998?

(5) Did the Casino Control Authority refuse Mr St Vincent Welch access to the report(s) and documentation associated therewith in response to requests made on his behalf on 12 May 1997 and 8 February 1999?

(6) Were those rejections by the Casino Control Authority made under the secrecy provisions for the Casino Control Act 1992, section 148 (7) (a) and (b)?

(7) If so, on what grounds is the public interest invoked by the Casino Control Authority to deny the Minister and Mr John St Vincent Welch access to the report(s) and documents associated therewith?

Answer—

I have been advised by the Hon Richard Face MP, Minister for Gaming and Racing, that the answer to the honourable member’s question is as follows:

(1) The Casino Surveillance Division forwarded reports to the Casino Control Authority on Mr St Vincent Welch’s application for a casino employee’s licence, and on other issues referred by the authority.

(2) Five reports was provided to the authority on the areas noted in (1).

(3) The reports were dated 9 September 1995, 10 January 1996, 24 January 1996, 8 February 1996 and 5 March 1996.

(4) Yes.

(5) Yes.

(6) Yes, and also in accordance with section 148 (2).

(7) The report(s) were not denied to the Minister. The authority determined that it was not necessary in the public interest for the reports to be divulged to Mr St Vincent Welch. 488 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*231 TRANSPORT—CITYRAIL SERVICES—Mr Jobling asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) Is the Minister aware that in refusing me access under the Freedom of Information Act to information about the reliability of CityRail services, State Rail has argued that the public’s right to know about the on-time performance of train services is outweighed by the Minister’s alleged right to be able to doctor draft replies to Questions on Notice submitted to him by the authority?

(2) Given that State Rail is fully owned by the taxpayers of New South Wales and impacts on the day-to-day working lives of many of them, does the Minister share this view?

Answer—

The honourable member should seek a remedy in accordance with the provisions of the Freedom of Information Act 1989 in this matter.

7 DECEMBER 1999

(Paper No. 29)

*232 HEALTH—OLYMPICS AND PARALYMPICS CONTINGENCY PLANS—Mr Corbett asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Minister for Health—

(1) What is the expected increase in demand in the Sydney metropolitan area on the New South Wales health system over the Olympics and Paralympics period?

(2) What contingency plans have been made to ensure that this extra demand on the New South Wales system is managed in a satisfactory way?

(3) What arrangements have been made to ensure that in an emergency situation ambulances can access all parts of the Sydney metropolitan area without being delayed by traffic congestion or road blocks?

Answer—

I have been advised by the Hon Craig Knowles MP, Minister for Health, that the answer to the honourable member’s questions are:

(1) Information from Barcelona and Atlanta indicates that the direct impact of the Games on public health services, such as hospitals, is small due to the level and extent of services provided by Games organisers at venues. The indirect impact arising from festival activity in the city will be more significant.

(2) A network of hospitals has been established in order to spread the Games support role across the metropolitan area and city hospitals are preparing clinical service and staffing plans in line with crowd estimates. Contingency plans have been developed to deal with a variety of scenarios and resources will be pre-deployed in order to ensure rapid response.

(3) The Ambulance Service of New South Wales is working closely with the Olympic Roads and Transport Authority and the NSW Police Service to ensure a comprehensive knowledge of possible traffic congestion and/or road closures for the period. This information will allow the pre-positioning of ambulances, the deployment of rapid response vehicles and paramedic motorcycles to identified areas, as required. 489 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*233 GAMING AND RACING—SYDNEY CASINO—Mr Jobling asked the Special Minister of State, and Assistant Treasurer representing the Minister for Gaming and Racing, and Minister Assisting the Premier on Hunter Development—

(1) Did the then operator of the Sydney casino conduct an employee opinion survey in the period December 1995 to January 1996?

(2) Was the Minister aware of this survey?

(3) Did one of the questions asked seek an opinion of employees relating to the then Chief Executive Officer, Mr Andre Hilliou?

(4) Did a majority of employees respond to the question that they would wish to see a new Chief Executive Officer at the casino?

(5) Did Mr Hilliou resign his position after the survey was conducted and return to the USA?

(6) Did the parent company of the Sydney casino operator, Showboat Inc, offer Mr Hilliou a promotion overseas?

(7) Did Showboat Inc or the then CEO, Mr Hilliou, make any statement about the employee opinion survey conducted by the then operator of the Sydney casino in December 1995 to January 1996?

(8) Did the Casino Control Authority know of the employee opinion survey conducted by the Sydney casino operator and the results of the employee opinion survey?

Answer—

I have been advised by the Hon Richard Face MP, Minister for Gaming and Racing, that the answer to the honourable member’s question is as follows:

(1) I do not know.

(2) No.

(3) I do not know.

(4) I do not know.

(5) Mr Hilliou did resign his position with the Sydney casino operator.

(6) Yes.

(7) I do not know.

(8) I do not know.

*234 ENERGY—PACIFIC POWER—Mr Jobling asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Information Technology, Minister for Energy, Minister for Forestry, and Minister for Western Sydney—

(1) Does the contract between Pacific Power and Powercor, referred to in the Victorian Supreme Court, continue until the winter of the year 2007?

(2) Did every unit of electricity bought by Powercor on 25 November 1997 cost Pacific Power about $4,780? 490 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(3) Had Pacific Power lost $9 million by the end of the day on 25 November 1997, a third of its total profit for that financial year?

(4) Was Pacific Power’s chief power trader, Mr Murphy, selling power way below Pacific’s cost of production ($21 per megawatt hour on average), compared with a production cost of about $35?

(5) Did Mr Murphy also offer on the market 43% more electricity than all Pacific’s generators were capable of producing?

(6) At the time (November 1997), did the Chief Executive (then Peter Graham) and Mr Murphy’s immediate superior, Dr Robert Lang, acquiesce with what Mr Murphy was doing?

(7) Is the potential sale price to the Government of Pacific Power gone from $25 billion 2 years ago to a book value today of $16 billion?

Answer—

(1) There are 11 contracts of varying start and finish dates involved in the Victorian Supreme Court litigation. Three are of 5 years duration, three of 3 years, two of 6.5 years, one contract of 10 years, one of 8.5 years and one of 6 years.

(2) No. The nature of contract for differences is that in every half-hour of every day a positive or negative contract exposure is calculated for the counterparties to the contract. This amount reflects the difference between the contract price and the spot price for that half-hour period. The purpose of such a contract is to smooth out the volatility of the spot price by effectively averaging the price over a longer period, say a year.

During the 1997-98 financial year, Victorian referenced contracts entered into by Pacific Power produced a net contract for difference income of approximately $10 million. This figure includes losses incurred on 25 November 1997 and significant gains on other days for the same contracts.

(3) Pacific Power did incur contract for difference payments to counter parties for Victorian referenced quantities on 25 November 1997. However, this was negated by significant gains on other days of the year.

(4) No. The figure quoted for the cost of production is incorrect both on a short-term or long-term basis. Further, the prices in the 11 disputed Powercor contracts were in all cases higher than the relevant cost threshold.

(5) This is not true.

(6) Pacific Power has consistently maintained the position that their negotiations had not reached the point where they believed they had binding contracts, specifically because the authority of officers holding the requisite authority to enter into such contracts had not been obtained.

(7) Pacific Power has never been valued at $25 billion or $16 billion.

*235 TREASURER—POWER INDUSTRY PROFITABILITY—Mr Jobling asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

(1) Did the net profitability of the publicly-owned New South Wales power industry tumble 34% or $223.2 million in the year to June 1999?

(2) Did the combined dividend paid to the State Government slide to $424.5 million, down $115 million?

(3) What has the NSW Government allowed if another bout of competition arises from Queensland generators with surplus capacity being able to bid for customers? 491 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(4) What is the NSW Treasury’s response to the claim by Mr Alan James of the Deutsche Bank that the results were a “substandard return” for an industry that had been valued at $23 billion to $24 billion?

(5) What does the NSW Government’s budget project for the profit of the following for the year ended 30 June 2000:

(a) Advance Energy,

(b) Australian Inland,

(d) Integral Energy,

(e) NorthPower,

(f) Great Southern,

(g) Delta Electricity,

(h) Macquarie Generation,

(i) Pacific Power, and

(j) Transgrid?

Answer—

(1) The annual reports of all New South Wales electricity agencies have been tabled in Parliament. Full details can be extracted from those reports.

(2) As previously advised, these details can be extracted from the tabled annual reports.

(3) This question is unclear. As a general response, the New South Wales electricity agencies are already operating in a competitive environment and have appropriate strategies in place.

(4) NSW Treasury has not responded to Mr James’ expressed opinion.

(5) (a) to (j) The Budget papers do not report profit projections for the agencies.

The consolidated distribution and tax equivalent forecasts, however, are contained in Budget Paper No 2 at page 3-18.

Profit projections of New South Wales agencies are confidential and reflect assumptions, both as to market conditions and as to regulatory determination.

*236 ENERGY—POWER INDUSTRY PROFITABILITY—Mr Jobling asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Information Technology, Minister for Energy, Minister for Forestry, and Minister for Western Sydney—

(1) Did the net profitability of the publicly-owned New South Wales power industry tumble 34% or $223.2 million in the year to June 1999?

(2) Did the combined dividend paid to the State Government slide to $424.5 million, down $115 million? 492 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(3) What has the NSW Government allowed if another bout of competition arises from Queensland generators with surplus capacity being able to bid for customers?

(5) What does the NSW Government’s budget project for the profit of the following for the year ended 30 June 2000:

(a) Advance Energy,

(b) Australian Inland,

(d) Integral Energy,

(e) NorthPower,

(f) Great Southern,

(g) Delta Electricity,

(h) Macquarie Generation,

(i) Pacific Power, and

(j) Transgrid?

Answer—

(1) The annual reports of all New South Wales electricity agencies have been tabled in Parliament. Full details can be extracted from those reports.

(2) As previously advised, these details can be extracted from the tabled annual reports.

(3) This question is unclear. As a general response, the New South Wales electricity agencies are already operating in a competitive environment and have appropriate strategies in place.

(4) NSW Treasury has not responded to Mr James’ expressed opinion.

(5) (a) to (j) The Budget papers do not report profit projections for the agencies.

The consolidated distribution and tax equivalent forecasts, however, are contained in Budget Paper No 2 at page 3-18.

Profit projections of New South Wales agencies are confidential and reflect assumptions, both as to market conditions and as to regulatory determination.

*237 HEALTH—MILTON HOSPITAL—Mr Harwin asked the Treasurer, Minister for State Development, and Vice- President of the Executive Council representing the Minister for Health—

(1) Does the Milton Hospital, servicing the people of Ulladulla, Milton, Mollymook and surrounding villages, have the same number of beds that it had 50 years ago despite enormous population growth in the surrounding area? 493 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(2) Does the hospital lack a maternity unit, lack specialty services for children and require a significant increase in general ward beds to effectively provide health services to people in the Milton/Ulladulla area? Answer—

I have been advised by the Hon Craig Knowles MP, Minister for Health, that the answer to the honourable member’s questions are:

(1) No. 50 years ago Milton was a small cottage hospital. Today there are 25 beds.

(2) The hospital has a maternity service and acute and emergency care is available for children. The hospital does not require additional beds.

*238 ROADS—MAIN ROAD 92—Mr Harwin asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) Is the Government still refusing to sign the Memorandum of Understanding relating to the construction of Main Road 92 between Nowra and Canberra?

(2) If so:

(a) Why?

(b) Is this refusal in breach of its election commitment to do so?

Answer—

The Minister is not aware of any such document.

*239 ENVIRONMENT—SUSSEX INLET COTTAGES LEASE—Mr Harwin asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

(1) When the lease of the Inlet Cottages at Sussex Inlet bar expires, will a 24-hour Bar Watch service that has been operated for the last 23 years by the cottages proprietor be discontinued while the National Parks and Wildlife Service allows the bar area to revert to its natural state?

(2) What solutions will the Government provide for the future safety of boat users crossing the Sussex Inlet bar?

Answer—

(1) and (2) The cottages are located on Crown land which is administered by the Department of Land and Water Conservation. This question should therefore be directed to my colleague, the Hon Richard Amery MP, Minister for Agriculture, and Minister for Land and Water Conservation.

*240 HEALTH—CULBURRA AND DISTRICTS AMBULANCE STATION—Mr Harwin asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Minister for Health—

(1) Does the Culburra and Districts Ambulance Station, paid for through community fundraising, remain empty despite assurances to the people of Culburra by the Ambulance Service that permanent staff would begin work on 30 November?

(2) Why has this Government failed to meet the 30 November deadline? 494 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000 495 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

I have been advised by the Hon Craig Knowles MP, Minister for Health, that the answer to the honourable member’s questions are:

(1) and (2) The Ambulance Service has advised it gave no such undertaking. Day-time staffing to cover the holiday period began at Culburra on 4 December 1999.

*241 INFORMATION TECHNOLOGY—PACIFIC HIGHWAY DIGITAL MOBILE PHONE COVERAGE—Mr Richard Jones asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Information Technology, Minister for Energy, Minister for Forestry, and Minister for Western Sydney—

(1) Why is there no digital mobile phone coverage along the entire length of the Pacific Highway?

(2) Will the Minister approach Telstra to ensure complete coverage as swiftly as possible?

Answer—

(1) The provision of digital mobile phone transmission stations is a matter for carriers under Commonwealth legislation. The infrastructure required to provide a mobile phone service is established by the service providers, Telstra, Cable and Wireless, Optus, Vodaphone and any future mobile service providers. The State Government does not provide commercial mobile phone service infrastructure.

(2) The provision of comprehensive mobile phone coverage along national road corridors in New South Wales has been an issue on which the State Government has made numerous representations to the Commonwealth. I understand that Federal funding has been allocated for this purpose.

*242 FISHERIES—MINKE WHALES—Mr Richard Jones asked the Minister for Mineral Resources, and Minister for Fisheries—

(1) Was a baby minke whale caught in a shark net recently resulting in its death?

(2) Are these shark nets no longer necessary and do they kill far too many other species including whales, dolphins and turtles?

(3) Will the Minister now end this slaughter and bring to a halt the use of shark nets?

Answer—

(1) Yes.

(2) and (3) Netting operations are conducted by specialist contractors who deploy set mesh nets that are set on the bottom and parallel to the shore for 8 months of the year (September to April).

The objective of the program is to provide a safe environment for surfers and swimmers on the State’s metropolitan beaches.

The program has been very effective in reducing the incidence of shark attack on meshed beaches.

There has only been a single fatal shark attack on a meshed beach since the program began, compared to 27 attacks in the 30 years before the program commenced.

The main species captured are hammerhead sharks, whaler sharks, angel sharks and rays. 496 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

However, some very large sharks are occasionally captured in the nets. While the majority of the catch consists of sharks and rays, small numbers of turtles (average three per year), dolphins (average two per year) and other non-target species have been taken over the years.

My Fisheries Department has developed strategies to ensure that any marine mammal or turtle accidentally taken in a shark net is released with the least possible injury and delay.

Meshing contractors are required to immediately free any marine mammals or turtles captured and to notify my department and the National Parks and Wildlife Service of the incident.

Should an animal fail to recover, it is to be retrieved by the contractor for autopsy.

Despite the proven effectiveness of mesh nets in New South Wales, research staff will continue to assess developments in other swimmer protection techniques used around the world.

Although personal devices, long cable electrical fields and a range of chemicals have been tested in other parts of the world, these methods are not considered to be practical in the oceanic conditions prevailing off New South Wales.

My Fisheries Department is currently assessing the value of acoustic devices for the reduction of incidental marine mammal entanglements and extensive trials are under way in New South Wales meshed beaches.

*243 AGRICULTURE—ST JOHN’S WORT—Mr Richard Jones asked the Special Minister of State, and Assistant Treasurer representing the Minister for Agriculture, and Minister for Land and Water Conservation—

(1) (a) Do farmers who wish to harvest St John’s wort, which is a potential multi-million dollar crop, have as their licence condition that they must spray the St John’s wort after harvest?

(b) Is this to guarantee that the farmer will not have a second crop even though he or she can make ten times the money on St John’s wort compared to cattle?

(2) Will the Minister immediately ensure that this licence condition is changed so that farmers can not only have a second crop but that this crop can be organically grown, which would be impossible after spraying?

Answer—

(1) (a) A licence is not required to harvest St John’s wort in New South Wales. Harvesting may take place in any area providing it complies with the Local Control Authority’s requirements in that area. These requirements in ares where the weed is classified as a W3 category are to prevent spread and reduce the area of weed. In W3 areas, the Local Control Authority may require certain areas or infestations of the weed to be sprayed, e.g., along boundaries or in small outbreaks, to prevent the weed spreading to neighbouring land. In the dense W3 areas, the Local Control Authority may even encourage harvesting to prevent seeding and thus aid control.

However, harvesting is not compatible with a W2 category as the requirement to “fully and continuously suppress and destroy” means that the plants should never reach the flowering stage.

(b) In W3 areas, a Local Control Authority may approve of an area being harvested from year to year without herbicides being applied, providing the whole area is harvested or has the flowers removed to prevent seeding. This would allow harvesting of a second crop, free of chemical residues.

(2) Harvesting of St John’s wort in New South Wales is allowable without a licence providing it fits in with the Local Control Authority’s management plan. Council policies in W2 category areas require control to protect adjacent land where the weed is under control or not present. 497 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*244 TRANSPORT—NEW YEAR’S EVE OPERATION OF SYDNEY HARBOUR FERRIES—Mr Gay asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) Given that ferries have operated on Sydney Harbour on past New Year’s Eves without any problems, why have services been cancelled this New Year’s Eve?

(2) Were ferry masters not informed of the decision, and were they not aware of any safety concerns, until they read about it in the newspapers after the announcement by the Minister?

(3) Have ferry masters written in protest to the Minister, believing they could have operated the ferries in a safe manner on New Year’s Eve?

(4) (a) Is the real reason the ferries will not be operating not because of safety concerns but because the space in front of the Circular Quay wharves was leased some time ago to a promotional company which precludes the ferries from going through the leased area in front of those wharves?

(b) If so:

(i) What is the name of this company? (ii) Who are the principals? (iii) Who owns the boats that will be allowed into this area?

Answer—

(1) As in previous years, Sydney Harbour is closed to all traffic on New Year’s Eve for safety reasons associated with positioning of fireworks displays and because of crowding in spectator craft areas.

(2) I am advised by State Transit that all personnel employed by Sydney Ferries were informed of the situation.

(3) No. I am not aware of any correspondence.

(4) (a) No.

(b) Not applicable.

*245 EMERGENCY SERVICES—BUSHFIRE RISK MANAGEMENT PLANS—Mr Gay asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

How many Bushfire Risk Management Plans did the Bushfire Co-ordinating Committee produce in the 1998-99 financial year?

Answer—

None. The Bush Fire Co-ordinating Committee is not responsible for producing Bushfire Risk Management Plans. 498 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*246 EMERGENCY SERVICES—EXPENDITURE ON THREDBO OPERATION—Mr Gay asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

The NSW Fire Brigades Annual Report for 1998-99 states, under Recurrent Appropriation for 1998, that the brigades spent $1.3 million on the “Thredbo Operation”.

(1) To what “Thredbo Operation” is this referring?

(2) When did this operation start and what was its duration?

(3) What did this operation do?

(4) What part of the $1.3 million was spent on:

(a) wages,

(b) equipment, and

Answer—

(1) The “Thredbo Operation” refers to the operations of the NSW Fire Brigades in assisting the search, rescue and retrieval of remains of victims of the landslide and to maintain the safety of the site in the Thredbo village.

(2) 31 July 1997 to late August 1997.

(3) Provide qualified staff and specialist equipment to assist in the rescue operation to search for possible survivors, minimise the efforts of leaks of hazardous substances, help secure the site and retrieve the remains of victims.

(4) (a) $265,000.

(b) $205,000.

*247 EMERGENCY SERVICES—REPROGRAMMING OF RURAL FIRE SERVICE RADIOS—Mr Gay asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

The Rural Fire Service Annual Report for 1998-99 states that reprogramming of the Rural Fire Service’s 6,400 radios to private mobile radio was to occur by November 1999.

How much will this reprogramming cost in total?

Answer—

The radios were reprogrammed at no cost to the Rural Fire Service. 499 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*248 EMERGENCY SERVICES—GLENBROOK TRAIN CRASH—Mr Gay asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

(1) How many NSW Fire Brigades units responded to the fatal train crash at Glenbrook on 2 December 1999?

(2) According to the Daily Telegraph of 3 December 1999, several units came from metropolitan stations, including Liverpool, Blacktown, Burwood and Narrabeen. Were any parts of the Sydney metropolitan area left without accredited rescue coverage because of the response to the Glenbrook accident?

(3) Did any of those units respond to the scene without being authorised by VKG to do so?

(4) Was the State Rescue Co-ordinator informed of the response of those units?

(5) Was the Penrith unit of the Volunteer Rescue Association called to the scene as an accredited unit for heavy cutting operations?

(6) Was heavy lifting equipment mistakenly called to be bought to the scene on 2 December when in fact the rescue co-ordinators had called for heavy cutting equipment?

(7) (a) Was DISPLAN activated?

(b) If so, why are some rescue agencies still waiting to be informed of its activation and deactivation?

Answer—

(1) Twelve.

(2) No.

(3) No.

(4) Yes.

(5) No.

(6) No.

(7) No.

*249 EMERGENCY SERVICES—RELOCATION OF NSW FIRE BRIGADES UNITS—Mr Gay asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

(1) How many NSW Fire Brigades units have been relocated to other stations while upgrading works are carried out at stations?

(2) Has the State Rescue Board been informed of the temporary relocations?

(3) What arrangements have been put in place to cover areas where Fire Brigades staff and equipment have been relocated?

(4) Have there been any incidents where response times have been delayed due to the relocation of the Fire Brigades? 500 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

(1) Fourteen units over the last 5 years.

(2) No.

(3) Relocations have all been within or just outside the existing station areas.

(4) Alternative station sites are selected with care to ensure that the brigades’ response remains optimal.

*250 TREASURY—NATIONAL ELECTRICITY MARKET—Mr Gay asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

What has been the total cost savings to New South Wales as a result of the implementation of the National Electricity Market?

Answer—

The National Electricity Market commenced in December 1998, but the NSW Government commenced reforms in the electricity industry in May 1995. Among these reforms was the establishment of an interim State wholesale market in May 1996, as a precursor to the national Electricity Market, and the progressive opening of the retail market since October 1996. These reforms have brought tangible benefits to New South Wales electricity customers. NSW Treasury estimates that the total savings in electricity prices from May 1995 to June 1999 have been approximately $1,200 million in real terms.

*251 TREASURY—MARKET IMPLEMENTATION GROUP—Mr Gay asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

(1) What progress has the Market Implementation Group (MIG) made in assessing the likelihood of a merger of the retail operations of NorthPower, Advance Energy and Great Southern Energy?

(2) When will the MIG complete the assessment process?

Answer—

(1) Advisers to the NSW Government, in the context of evaluating the possible merger of Great Southern Energy with ACTEW, also evaluated the benefits of a merger of New South Wales-owned electricity businesses.

The MIG intends to undertake further analysis of the value of any mergers (not necessarily the merger foreshadowed in the honourable member’s question) in concert with the appraisal of the form of introduction of full retail contestability.

(2) This work will be conducted over the course of next year.

*252 TREASURY—CANCELLATION OF TYPE TWO CONTRACTS—Mr Gay asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

(1) What forced the cancellation of Type Two vesting contracts by New South Wales power generators in September this year?

(2) Have any other Type Two contracts been entered into since that time? 501 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(3) What was the cost involved in the cancellation of those contracts?

Answer—

(1) In June 1998, the Treasurer, on behalf of New South Wales generators and franchise retail suppliers, applied to the Australian Competition and Consumer Commission (ACCC) for authorisation of the third tranche of New South Wales vesting contracts.

On 30 June 1998, the ACCC granted interim authorisation to the Type One vesting contracts and on 22 July 1998 granted interim authorisation to the Type Two vesting contracts.

Subsequent extensions of the interim authorisation by the ACCC granted authorisation of both Type One and Type Two vesting contracts to 30 September 1999.

No Type Two vesting contracts were cancelled in September 1999. The Type Two vesting contracts in place in September expired on 30 September 1999 in line with the expiry of the ACCC’s interim authorisation.

(2) On 1 September 1999, the ACCC made its final determination on the New South Wales vesting contracts.

The determination authorised the Type One and Type Two vesting contracts subject to a condition that “The Type 2 contracts must be amended by removing the binary floor, adjusting the price caps to levels consistent with the Type 1 price structure and setting a market-based option fee for the retailers.” The authorisation came into effect on 1 October 1999 and expires on 31 December 2000.

Type Two vesting contracts have been entered into commencing from 1 October 1999 in accordance with the terms of the authorisation.

The ACCC has applied its normal authorisation processes and both the Type One and Type Two vesting contracts have been executed in accordance with the authorisations given.

(3) There was no cost involved as there was no cancellation of Type Two vesting contracts.

*253 TREASURY—PACIFIC POWER AND INTEGRAL ENERGY—Mr Gay asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

(1) Given the recent losses incurred by both Pacific Power and Integral Energy, what measures are in place to ensure that members of the boards and the senior executives of the State-owned electricity assets have a working knowledge and understanding of the operation of the National Electricity Market (NEM)?

(2) Would the Treasurer agree that it is essential these executives and board members have this knowledge so they can better monitor and understand the activities of their electricity traders?

Answer—

(1) Each Director has the primary responsibility, assisted by the resources of each agency if required, to develop a level of professional understanding required to discharge their duties.

Further, Directors who have been appointed to Boards, including the Boards of Pacific Power and Integral Energy, have a range of business skills and are capable of applying the requisite level of governance to National Market activities.

In relation to the National Electricity Market, Directors’ seminars have been undertaken to induct Directors and to provide a sufficient framework around which they are expected to develop their own level of professional expertise. 502 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

In addition, Treasury has issued policies, including the Treasury Risk Management Policy and the Energy Trading Policy, and conducted an external review of Energy Trading the results of which have been provided to the management and Board of each agency.

(2) Yes. *254 LOCAL GOVERNMENT—RICHMOND RIVER SHIRE COUNCIL—Mr Gay asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Local Government, Minister for Regional Development, and Minister for Rural Affairs—

(1) Is the Minister aware of the recent independent auditors report into the Richmond River Shire Council?

(2) Will the Department of Local Government be making any further inquiries into the management of that council?

Answer—

(1) Yes, I am aware of the recent independent auditor’s report on the Richmond River Shire Council.

(2) The Department of Local Government has considered the report and while it will continue to monitor the operations of the council, it does not propose to make any further investigation.

*255 ENERGY—ACCOUNTING SYSTEMS—Mr Gay asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Information Technology, Minister for Energy, Minister for Forestry, and Minister for Western Sydney—

(1) Are Integral Energy customers being issued with bills which in some cases are two to three billing periods late?

(2) What consideration is being given to customers who are receiving large bills this close to Christmas through no fault of their own?

(3) What measures are being put in place at EnergyAustralia to ensure this mistake does not occur again?

(4) How can customers be certain their bills are accurate given the same computer system which cannot issue a bill on time is used to convert meter readings into billable figures?

Answer—

(1) No, although a third of Integral Energy’s 755,000 customers were affected by delays in issuing accounts. The delays ranged from a few days to 4 weeks and not two to three billing periods (equal to 4 to 6 months). The delays were due to transition problems with the commissioning of a new customer billing system.

(2) Integral Energy has issued a letter of apology to affected customers explaining the changes to its billing system and apologising for the lateness of the accounts.

Its call centre has been provided with information necessary to answer customer enquiries.

Integral Energy has continued to provide customers with extensions of time to pay accounts and has delayed the introduction of changes to its energy prices and late payment fees that were announced in mid- August 1999.

It has written to MPs, welfare groups, the Energy and Water Ombudsman and other key stakeholders to inform them of these issues. 503 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(3) Assuming that the question refers to Integral Energy and not EnergyAustralia, Integral Energy has manually checked thousands of customer accounts to ensure the accuracy of amounts billed before resuming billing operations.

Integral Energy is rectifying the problems with the new customer billing system and will continue to check customer accounts to ensure accuracy. 504 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(4) Integral Energy continually checks customer accounts to ensure accuracy.

Customers who have queries about their accounts should telephone Integral Energy on 13 10 81 at the cost of a local call.

The Electricity Supply Act 1995 and the Electricity Supply (General) Regulation 1996 provide rights of appeal to customers not satisfied with the service from or decisions of their electricity distributor or retailer.

The Energy and Water Ombudsman scheme was established expressly for the purpose of dealing with customer complaints and for resolution of disputes.

Customers may write to the Energy and Water Ombudsman of New South Wales at PO Box K1343, Haymarket, NSW 1240. For simple queries or very urgent problems, customers may contact the Ombudsman on telephone 8218 5200 within the Sydney metropolitan area and on freecall 1800 246 545 outside the Sydney metropolitan area.

*256 EMERGENCY SERVICES—PROVISION OF WATER-BOMBING AIRCRAFT—Mr Gay asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

(1) Given that the bushfire season is upon us, what arrangements has the Rural Fire Service made for the provision of water-bombing aircraft for New South Wales?

(2) What is the estimated cost of providing these aircraft?

(3) (a) Has any consideration been given to the purchase of water-bombing aircraft?

(b) If not, why not?

Answer—

(1) The NSW Rural Fire Service has an aircraft contract in place comprising two Bell 212 helicopters, one fixed wing air tractor and tendering has just been completed for an additional fixed wing fire bomber to be added to the contract. These aircraft are placed on stand-by for a period of up to 12 weeks, with extensions where necessary, in accordance with the prevailing bush fire danger rating. Additionally, the NSW Rural Fire Service has a list of approved aircraft operators that have registered an expression of interest for the provision of services and have complied with standards in performance and safety. This list of available aircraft includes helicopters and fixed wing aircraft capable of performing a variety of roles including such functions as reconnaissance, water bombing and transport.

(2) The NSW Rural Fire Service has an annual budget of $1 million for the provision of contract aircraft and associated support functions including training of personnel and equipment procurement in support of aircraft management.

(3) The question of purchasing a water bombing aircraft is currently being evaluated by the service. The evaluation will incorporate aircraft use requirements, type of aircraft available and cost options including purchase or lease. 505 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*257 COMMUNITY SERVICES—GUARDIANSHIP BOARD—Mr Gay asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Women—

(1) What were the circumstances surrounding the sale of a farm owned by Mr Clarrie Bennett of 1 Emery Street, Young, whose affairs are under the control of the Guardianship Board?

(2) Had the Guardianship Board made any arrangements for the farm to be maintained for Mr Bennett?

(3) What are the responsibilities of the Guardianship Board in relation to the sale of a property under their control?

(4) Has the Guardianship Board been negligent in this case?

Answer—

The Guardianship Board has been known as the Guardianship Tribunal since February 1998 when legislation changing its name came into effect.

The role of the Guardianship Tribunal is to hear and determine applications made to it and to appoint substitute decision makers for adults who have a disability if their disability means they are unable to make decisions for themselves.

Where it is necessary to do so, the tribunal will appoint a guardian as the personal decision maker for that person or a financial manager to manage the person’s property and affairs. When the tribunal appoints a financial manager, it may appoint a suitable person as private manager, subject to the supervision of the Protective Commissioner, or commit the person’s estate to the Protective Commissioner.

Once the tribunal has appointed a substitute decision maker as guardian or financial manager, it no longer remains involved with the day-to-day affairs of individuals.

Therefore, no-one’s affairs are under the control of the Guardianship Tribunal.

*258 EMERGENCY SERVICES—COMMUNITY FIRE UNITS—Mr Gay asked Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

(1) Are Community Fire Units the same as Rural Fire Service (RFS) units?

(2) If not, what makes them different from the RFS?

(3) If they are essentially the same, why duplicate resources and administration costs and have two volunteer units fighting fires?

Answer—

(1) No.

(2) Community Fire Units (CFUs) are formed from a group of neighbours in a suburban area fringing on bushland. To protect their own homes the neighbours are given basic bush firefighting equipment and overalls and some training from the local fire station. They prepare themselves to undertake interim bushfire protection for their homes in acute bushfire periods while waiting for support from the fire services.

(3) Not applicable. 506 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*259 EMERGENCY SERVICES—LEGISLATIVE PROTECTION FOR COMMUNITY FIRE UNIT VOLUNTEERS—Mr Gay asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

What legislative protection and arrangements are in place for Community Fire Unit volunteers regarding:

(a) Workers’ compensation,

(b) Reimbursement of travel costs to an incident,

(d) Issuing of uniforms, and

(e) Representative rights?

Answer—

(a) When carrying out property protection and training as Community Fire Unit (CFU) members, they are deemed workers for the purposes of workers’ compensation.

(b) In this role they do not travel away from their homes to an incident.

(d) Each member receives overalls, boots, helmet, gloves and goggles.

(e) The issue of representative rights has not arisen.

*260 EMERGENCY SERVICES—FIRST AID ACCREDITATION—Mr Gay asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

Under “Incidents where Brigades provided initial medical assistance to non-fire rescues” in the NSW Fire Brigades Annual Report for 1998-99, 2,087 incidents were attended to.

What level of first aid accreditation is required by officers to attend to patients at such scenes?

Answer—

All firefighters are required during their recruit training to complete training to the level of the Ambulance Senior First Aid Certificate. All firefighters attached to primary and secondary accredited rescue units are required by the State Rescue Board to hold a current First Aid Certificate. All first aid training is currently delivered to the brigades by the NSW Ambulance Service.

*261 EMERGENCY SERVICES—FIRE PROTECTION DURING OLYMPIC AND PARALYMPIC GAMES—Mr Gay asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

In the NSW Fire Brigades Annual Report for 1998-99, the high level of involvement of the Fire Brigades at the Olympics and Paralympics is discussed. Under the heading “Challenges” it states: 507 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

The level of funding for fire and emergency services during the Olympic and Paralympic Games remains the subject of discussion with the OCA [Olympic Coordination Authority]. (1) Will the Minister guarantee that the insurance industry and local councils will not be required to subsidies the Olympic Games through their contributions to the Fire Fighting Fund?

(2) Will the Minister guarantee that the standard of fire protection and emergency services to the community of New South Wales will not decline during the Olympic and Paralympic time?

Answer—

(1) Fire protection for Olympic and Paralympic venues within fire districts is the responsibility of the NSW Fire Brigades and is therefore subject to normal funding arrangements.

(2) The NSW Fire Brigades will maintain normal response capacity at all fire stations during the Games period.

*262 EMERGENCY SERVICES—TRAINING OF RURAL FIRE SERVICE VOLUNTEERS—Mr Gay asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

(1) Has there been a steady decrease in the number of hours rural fire service volunteers train over the last 3 financial years?

(2) If so:

(a) What is the reason for this decline?

(b) What action has the Government taken to rectify this situation?

Answer—

(1) No. In fact the opposite is true. Training conducted at Council/Brigade level between 30 June 1996 and 30 June 1998 has risen from 274,710 to 362,037 person hours (an increase of 32 per cent).

(2) Not applicable.

*263 EMERGENCY SERVICES—SYDNEY HAILSTORM DEBRIEF—Mr Gay asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

In October of this year, a Freedom of Information (FOI) application was made by my office to the State Rescue Board for:

“Any documentation pertaining to the debrief of all emergency services and associated agencies after the Sydney hailstorm of 1999.”

I was informed that the board held no such documents. I made an identical request to the NSW Fire Brigades. I was given a copy of a letter from Jeff Jarrett, State Emergency Operations Controller, to the Minister, regarding a preliminary hailstorm briefing report and a copy of that ministerial briefing, that was faxed to the NSW Fire Brigades on the State Rescue Board facsimile machine.

(1) Will the Minister explain why the State Rescue Board claimed it had no such document? 508 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(2) Will the Minister now ensure that the State Rescue Board produces these documents? 509 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

(1) I am advised by the State Rescue Board that it did not possess the document in question. I am further advised that when the documents were faxed to the NSW Fire Brigades the State Rescue Board facsimile machine was used even though the documents did not originate from the State Rescue Board.

(2) Not applicable.

*264 EMERGENCY SERVICES—SYDNEY HAILSTORM DEBRIEF—Mr Gay asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

In October of this year, a Freedom of Information (FOI) application was made by my office to the Minister’s office for:

“Any documentation pertaining to the debrief of all emergency services and associated agencies after the Sydney hailstorm of 1999.”

I was informed in writing that the Minister for Emergency Services held no such documents. I made an identical request to the NSW Fire Brigades. I was given a copy of a letter from Jeff Jarrett, State Emergency Operations Controller, to the Minister that was received in the Minister’s office on 2 June 1999, regarding a preliminary hailstorm briefing report and a copy of that ministerial briefing.

(1) Will the Minister explain why he claimed he had no such documents?

(2) Will the Minister now produces these documents?

Answer—

(1) The document in question was not held by my office at the time the application was made.

(2) Not applicable.

*265 POLICE—SYDNEY HAILSTORM DEBRIEF—Mr Gay asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Minister for Police—

In October of this year, a Freedom of Information (FOI) application was made by my office to the NSW Police Service for:

“Any documentation pertaining to the debrief of all emergency services and associated agencies after the Sydney hailstorm of 1999.”

I was informed that the Service held no such documents. I made an identical request to the NSW Fire Brigades. I was given a copy of a letter from Assistant Police Commissioner Jeff Jarrett, State Emergency Operations Controller, to the Minister, regarding a preliminary hailstorm briefing report and a copy of that ministerial briefing.

(1) Will the Minister explain why the NSW Police Service claimed it had no such documents?

(2) Will the Minister now ensure that the NSW Police Service produces these and other related documents? 510 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

I have been advised by the Hon Paul Whelan MP, Minister for Police, that the answer to the honourable member’s questions are as follows:

The Commander of the FOI unit has indicated that the document in question was received in the Police Service on the 26 October 1999, the same day a letter was sent to the honourable member advising of the outcome of his FOI application.

*266 EDUCATION—CLOSURE OF PRIMARY AND HIGH SCHOOLS—Mrs Forsythe asked the Special Minister of State, and Assistant Treasurer representing the Minister for Education and Training—

(1) How many primary and high schools have closed in New South Wales in the past 3 years?

(2) Can the Minister provide the street and postal addresses of the closed primary and high schools?

Answer—

(1) Nine primary schools, four schools for specific purposes and two high schools have closed.

Section 28 of the Education Act 1990 provides that any proposal to close a government school, other than a one-teacher school, will be reviewed by a School Closures Review Committee where a majority of parents of children attending the school request that such a review be undertaken. During the past 3 years, there has been only one request for the review of a proposed school closure to be considered by a School Closures Review Committee. This request was submitted by the parents of children attending Baulkham Hills Public School. Following a detailed review, the committee recommended that the school should be closed.

(2) Warkworth Public School, Simpson Street, Warkworth 2330. Woomargama Public School, Melbourne Street, Woomargama 2644. Wards River Public School, Pacific Highway, Wards River 2422. Camperdown Public School, Parramatta Road, Camperdown 2050. Ormond School, Duffy Avenue, Thornleigh 2120. Gillawarna School, Birdwood Road, Georges Hall 2198 (amalgamated with Broderick House School). North Rocks School for the Deaf, cnr Barclay Street and North Rocks Road, North Rocks 2151 (amalgamated with the North Rocks School for the Blind). Randwick North High School, Avoca Street, Randwick 2031. Baulkham Hills Public School, Russell Street, Baulkham Hills 2153. Tamworth Base Hospital School, Johnston Street, Tamworth 2340. Coolabah Public School, cnr Yarran and Coolabah Streets, Coolabah 2831. Graman Public School, Centenary Drive, Graman 2360. Peter Board High School, Wicks Road, North Ryde 2113. Tuena Public School, Bathurst Street, Tuena 2583. Liberty Plains School, Joseph Street, Lidcombe 2141.

*267 COMMUNITY SERVICES—STAFF NUMBERS—Mrs Forsythe asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Women—

(1) What is the total number of staff employed by the Department of Community Services?

(2) What is the breakdown of staff allocated to each district throughout New South Wales by the Department of Community Services? 511 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

(1) There were 9,254 people employed by the Department of Community Services in the pay period ending 9 December 1999.

(2) Listed below are the staff numbers employed in each area across the state in the pay period ending 9 December 1999:

Central Coast 466 Central West 309 Central/Minister’s Office 480 Cumberland/Prospect 448 Far North Coast 212 Hunter 542 Hunter DDS 1,137 Illawarra 584 Inner West 437 Mid North Coast 213 Nepean 410 New England 272 Northern Sydney 995 Orana Far West 172 Riverina Murray 318 Southern Highlands 279 South East Sydney 682 South West Sydney 452 Western Sydney DDS 846

*268 EDUCATION—REVIEW OF NORTHERN BEACHES HIGH SCHOOLS—Mrs Forsythe asked Special Minister of State, and Assistant Treasurer representing the Minister for Education and Training—

Can the Minister provide the names of the members of the committee conducting a review of Northern Beaches high schools?

Answer—

This information has been in the public domain since August 1999 via a consultative paper issued by the Northern Beaches District Secondary Education Futures Review Consultative Committee which was distributed to all schools and other interested parties in the school communities.

Carol Carrigan (Co-chair) - District Superintendent Northern Beaches. Suzette Young (Co-chair) - Principal, Willoughby Girls High School. John Dixon - Teachers Federation organiser, Manly-Warringah Community College. David Pickett - President, Northern Beaches District P&C Association. John Hayes - Principal, Mackellar Girls High School. Dennis Houghton - Principal, Balgowlah Boys High School. Pam Peelgrane - Principal, Bradfield College. Jessica Wiltshire - Primary Principals Association representative.

*269 EDUCATION—MANLY HIGH SCHOOL—Mrs Forsythe asked the Special Minister of State, and Assistant Treasurer representing the Minister for Education and Training—

(1) Is the Minister aware that Manly High School students were sent home with a questionnaire last week asking parents to comment on the school’s future direction? 512 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(2) In light of the fact there is a committee conducting a review of Northern Beaches high schools, can the Minister assure parents and students that the Government plans to keep Manly High open?

(3) Does the Government have a secret agenda to close the selective high school?

Answer—

(1) Yes, Manly High School is 1 of 14 high schools on the Northern Beaches that has conducted a comprehensive consultation process with its school community.

(2) There is no predetermined outcome from the Northern Beaches high school review. It is an extensive and comprehensive process of consultation designed to strengthen the future provision of public education on the Northern Beaches.

(3) No, there is no secret agenda in relation to Manly High School or any other high school on the Northern Beaches. The process of consultation could not be more open or consultative.

*270 JUVENILE JUSTICE—KARIONG JUVENILE JUSTICE CENTRE—Mrs Forsythe asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment—

(1) (a) Have staff at the Kariong Juvenile Justice Centre on the Central Coast received the duress alarms that were promised to them by the State Government after the riots earlier this year?

(b) If not, why not?

(2) When did staff, or when can staff, expect to receive the duress alarms?

Answer—

(1) No.

The Department of Juvenile Justice is in the process of installing the duress alarm system at Kariong Juvenile Justice Centre.

(2) Staff will receive the duress alarms on the completion of the installation and testing of the system’s electronic equipment.

Work has commenced on installing cables on the main fence at Kariong.

This will be followed by the installation of electronic switch boxes on the fence. The installation of the boxes will commence on 13 January 2000 and will take approximately 3 weeks to complete.

*271 EDUCATION—WOODBURN CENTRAL SCHOOL—Mrs Forsythe asked the Special Minister of State, and Assistant Treasurer representing the Minister for Education and Training—

(1) (a) Does the Government have any plans for the redevelopment of the Woodburn Central School which will be vacated soon when students move into the Evans River K-12?

(b) If so, what are the dates for the start of the work?

(2) Are there any plans for the removal of existing demountables?

(3) Does the Minister know why the community has not been kept up-to-date on plans for the site’s future development? 513 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

(1) (a) and (b) The Government intends to redevelop the existing Woodburn Central School site to provide a primary school after the new Evans River K-12 school is operational.

(2) Not at this stage.

(3) The Department of Education and Training commissioned concept options for the site. Officers will visit the school with these options during Term 1, 2000, to seek input from the community.

*272 EDUCATION—CLASSIFICATION OF TEACHER CONSULTANTS—Mrs Forsythe asked the Special Minister of State, and Assistant Treasurer representing the Minister for Education and Training—

(1) Is the Minister aware that under the new award, Teacher Consultants within the Technical and Further Education (TAFE) sector have been reclassified as “Professional Officers - Non Teaching”?

(2) Is the Minister aware of concerns that the reclassification will have a devastating impact on people with disabilities who access TAFE because they will no longer have access to specialist teachers?

(3) Is the move part of a strategy to replace specialist teachers with generalists?

(4) Will this change signal the end of a best practice model in TAFE which has been in use for more than 10 years?

(5) Does the move represent a cynical cost-cutting measure that further marginalises people with disabilities?

Answer—

(1) There is no classification of Teacher Consultant in the TAFE teachers’ award. TAFE Special Program Coordinators are included in Professional Officers (Non-Teaching) in the Department of Education and Training’s amended award application.

(2) Support provided to students with disabilities at TAFE campuses will continue.

(3) No.

(4) No.

(5) No.

*273 EDUCATION—SCHOOL COUNSELLORS—Mrs Forsythe asked the Special Minister of State, and Assistant Treasurer representing the Minister for Education and Training—

(1) Does the new teachers’ award propose reclassifying school counsellors as professional officers?

(2) Is the effect of this change that counsellors will lose $13.83 a day while also foregoing 4 weeks leave each year?

(3) (a) Is the move to reclassify school counsellors part of a hidden Government agenda to contract out the service?

(b) Is that what Dr Boston tried to do when he was Director-General in South Australia?

(4) Can the Minister give an assurance to school counsellors that their jobs are secure? 514 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

(1) Under the Department of Education and Training’s amended award application, school counsellors are included in Professional Officers (Non-Teaching).

The department’s amended award proposes that school counsellors will attend for 35 hours per week for 45 weeks per year, the same as TAFE counsellors.

(3) (a) No.

(b) No.

(4) Yes.

*274 EDUCATION—NEW TEACHING CLASSIFICATION—Mrs Forsythe asked the Special Minister of State, and Assistant Treasurer representing the Minister for Education and Training—

(1) Does the new teachers’ award for the first time introduce a new teaching classification of “Casual Teaching Assistant or Demonstrator”?

(2) Does the new award specify that “new modes of instruction are complementing and in some cases replacing traditional classroom teaching”?

(3) Is it on the Government’s hidden agenda to fill the gap exposed by the shortage of casual teachers with unqualified assistants or demonstrators?

(4) Why, in the face of a casual teacher shortage, has the Government given most casual teachers a pay cut?

Answer—

(1) No. Following negotiations with the Public Service Association, the Department of Education and Training’s amended award application does not include this classification.

(2) The Department’s proposed new award document contained explanatory notes to assist readers in understanding the proposed award. The statement referred to is taken from the explanatory notes. The amended award application does not contain explanatory notes.

(3) No.

(4) Under the Department’s amended award, fixed term teachers will be engaged on a full-time or part-time basis to teach a regular program or pattern of hours for periods of one school term or more. Fixed term teachers will receive pro rata pay and conditions of permanent teachers.

Under the current school teachers’ award, casual teachers, including long-term casuals, cannot be paid more than the equivalent of step 8 of the common incremental salary scale. Under the Department’s amended award application, fixed term teachers will be able to progress along the common incremental salary scale for permanent teachers at the rate of one increment for every 205 days of fixed term employment.

The payment to fixed term employees of pro rata pay and conditions of permanent teachers will provide substantial benefits to a very large number of casual teachers. 515 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

The amended award application also provides for casual teachers when engaged for periods of less than one school term to receive a single all-inclusive daily rate of pay to undertake the teaching component of the duties of permanent teachers absent from work. *275 TRANSPORT—SCHOOL BUS ROUTE TO BOURKE—Mrs Forsythe asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) Was the decision to suspend the Summerville School bus route to Bourke made despite the fact that ten students would be using the service next year, which is two above the minimum required to run a school bus service?

(2) Have the families affected been placed in an impossible situation where they may be forced to send their children to boarding school because they cannot access alternative transport?

(3) Will the Minister reassess the situation and reinstate the bus service?

Answer—

(1) The Summerville to Bourke school bus service has not been suspended.

(2) and (3) Not applicable.

*276 ROADS—PHOTO LICENCE DRIVER DATABASE—Ms Rhiannon asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) Will the photographs stored in the new photo licence driver database be accessible by organisations such as the Australian Security Intelligence Organisation (ASIO) and Australian Secret Intelligence Service (ASIS)?

(2) (a) What organisations will have access to the database?

(b) What criteria will be used to determine access?

Answer—

(1) Section 41 of the Road Transport (Driver Licensing) Act 1998 limits the Roads and Traffic Authority’s (RTA) ability to release photographs. In nearly all cases, disclosure must accord with a protocol approved by the Privacy Commissioner. There will be exceptions where the RTA is handing the photograph to the person whose image it has stored electronically and cases where some other law gives it no choice but to release a photograph. An example of the latter would be the issue of a subpoena by a court of law.

(2) A photographic image held on the RTA’s database will not be accessible by ASIO or ASIS unless the release can be shown to have been provided for within the Regulations (in which case the Privacy Commissioner must agree) or in some other law.

(a) Section 41 of the Road Transport (Driver Licensing) Act 1998 details organisations to which photographs may be released. While Section 41 (e) provides for the release of photographs under another law, it is impractical to provide a definitive list of such laws as the law changes when new measures are enacted.

It is not just the laws of this Parliament that could be involved but also the laws of other States and Territories, and of the Commonwealth. As indicated in (1) above, there will be cases where the RTA will be compelled by another law to release personal information, including a photograph. This happens now with subpoenas issued to the RTA by the courts to provide information from its database. A photograph may also be subject to such requests in the future. 516 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(b) Except where disclosure is a requirement of another law, as envisaged by Section 41, the release of photographs by the RTA will be in accordance with a protocol approved by the Privacy Commissioner. The RTA and the Privacy Commissioner are about to commence developing an appropriate protocol. (c) The RTA will use photographs stored on its database for a range of purposes related to the issue of licences and the registration of motor vehicles in an effort to counter fraudulent activity. This includes applications for driver licences and proof of age cards. Storage of photo images will limit the opportunity of unscrupulous people using another person’s identity documents.

A replacement licence card will not be issued unless the facial image of the applicant is the same image as that stored on the RTA’s licensing computer.

Access and comparison of images held will be done automatically by the computer and viewing of an image would only be required if a mismatch arises.

A stored image would remain on the RTA’s computer until another photograph is taken and a new licence card has been produced. The previously stored image will then be deleted.

Access to the stored images will be restricted. No browsing facility will be available in motor registries and the retrieval of images will only occur in cases where a customer is not able to provide his or her current photo-licence as proof of identity.

*277 TRANSPORT—CHAIN WIRE CRASH BARRIERS—Ms Rhiannon asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) Can the Minister provide details of accidents involving motorcycle riders and chain wire crash barriers on New South Wales roads, categorised by the nature and severity of the injury, in each of the financial years 1995-96, 1996-97, 1997-98 and 1998-99?

(2) Can the Minister provide details of accidents involving motorcycle riders and crash barriers which are not made of chain or wire on New South Wales roads, categorised by the nature and severity of the injury, in each of the financial years 1995-96, 1996-97, 1997-98 and 1998-99?

(3) Are chain wire crash barriers more dangerous than other alternatives?

Answer—

(1) and (2) It is assumed the honourable member is referring to wire rope safety barriers. Data for all motor cycle crashes recorded involving any type of guardrail or fence is as follows:

Year Killed Injured 1995 4 61 1996 5 74 1997 1 60 1998 6 89 1999* 9† 62‡ * Provisional data only. † To date. ‡ Total for first two quarters, 90% complete for September quarter. Note that a change in the data capture system means that 1995 data are not directly compatible with later data.

(3) The RTA has studied wire rope safety barriers and has identified only one crash involving a motor cycle. In this case relatively minor injuries were sustained, to which the wire rope safety barrier is unlikely to have contributed. 517 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

These barriers provide significant road safety and operational advantages and are continuing to be installed by the RTA as a very effective road safety treatment.

*278 PORTS—SURFCRAFT ACCIDENTS IN NEW SOUTH WALES COASTAL WATERS—Ms Rhiannon asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Information Technology, Minister for Energy, Minister for Forestry, and Minister for Western Sydney—

(1) Can the Minister provide details of accidents involving jet ski riders in New South Wales coastal waters, categorised by the nature and severity of the injury and whether the injury was sustained by the rider, a passenger or another party, in each of the financial years 1995-96, 1996-97, 1997-98 and 1998-99?

(2) Can the Minister provide an estimate of the number of hours of jet ski operation in New South Wales coastal waters in each of the financial years 1995-96, 1996-97, 1997-98 and 1998-99?

(3) Can the Minister provide details of accidents involving all other motorised craft other than jet skis in New South Wales coastal waters categorised by the nature and severity of the injury and by the nature of the craft, in each of the financial years 1995-96, 1996-97, 1997-98 and 1998-99?

(4) Can the Minister provide an estimate of the number of hours of operation of all other motorised craft other than jet skis in New South Wales coastal waters, categorised by the nature of the craft, in each of the financial years 1995-96, 1996-97, 1997-98 and 1998-99?

(5) Can the Minister provide details of accidents involving all non-motorised surf craft in New South Wales coastal waters, categorised by the nature and severity of the injury and the nature of the craft, in each of the financial years 1995-96, 1996-97, 1997-98 and 1998-99?

(6) Can the Minister provide an estimate of the number of hours of operation of all non-motorised surf craft, categorised by the nature of the craft, in New South Wales coastal waters, in each of the financial years 1995-96, 1996-97, 1997-98 and 1998-99?

Answer—

It is important to be aware of the definitions of serious and minor injuries which provide the context for the provided statistics. I am advised that the:

· Definition of serious injury is any injury to a person resulting in hospitalisation for more than observation or minor cuts and bruises, but can include fractures and other injuries even when the injury was treated without admission to hospital; and

· Definition of minor injury is any injury that a person is capable of being treated at the scene of the incident or at hospital, but does not involve further treatment requiring hospitalisation.

I am advised that:

(1) 1995-96: No reported fatalities, no reported serious injuries, 2 minor injuries. 1996-97: No reported fatalities, 2 reported serious injuries (operators injured), 0 minor injuries. 1997-98: No reported fatalities, 1 reported serious injury (passenger injured), 3 minor injuries. 1998-99: No reported fatalities, 2 reported serious injuries (operators injured), 1 minor injury.

(2) No. 518 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(3) 1995-96: No reported fatalities, 2 reported serious injuries (open runabout), No reported minor injuries.

1996-97: 2 reported fatalities (cabin runabout – capsize, open runabout – fall overboard). 1 reported serious injury (inflatable vessel), 3 reported minor injuries (unknown vessels, fishing vessel).

1997-98: 10 reported fatalities (open runabouts, cabin runabouts, fishing vessels). Fatal incidents included: grounding, sinking, swamping, person hit by vessel out at sea. 5 reported minor injuries (fishing vessels).

1998-99: 3 reported fatalities (motor cruiser, cabin runabout). Fatal incidents included fall overboard and capsizing. 9 reported serious injuries (commercial vessels, charter vessels, sail vessels). No reported minor injuries.

(4) No.

(5) 1995-96: No reported fatalities, no reported injuries. 1996-97: No reported fatalities, no reported injuries. 1997-98: No reported fatalities, no reported injuries 1998-99: No reported fatalities, no reported injuries.

(6) No.

*279 AGRICULTURE—MARINE ANIMALS CAUGHT BY SHARK NETS—Ms Rhiannon asked the Special Minister of State, and Assistant Treasurer representing the Minister for Agriculture, and Minister for Land and Water Conservation—

(1) Can the Minister provide a list of all marine animals, categorised by species, that have been caught in shark nets off Sydney in each of the financial years 1995-96, 1996-97, 1997-98 and 1998-99?

(2) How many of these species are on the endangered list?

Answer—

(1) Annual Catches of Shark and Non-shark Species in New South Wales Shark Nets 1995-96 to 1998-99

Shark Species Hammer- Port Grey Whalers White Tiger 7-gill Angel Mako Thresher Other head Jackson Nurse 1995-96 25 5 106 3 14 1 21 0 1 9 0 1996-97 30 3 56 1 5 8 21 0 2 1 0 1997-98 16 3 77 3 1 4 10 1 1 1 1 1998-99 21 3 97 1 13 4 7 0 2 2 1

Non-shark Species Dolphins Seal Turtle Turtle Turtle Turtle Whale Rays Fish common Australian leatherbac green loggerhead no species id humpback bottlenose fur k 1995-96 58 1 1 0 0 0 0 0 0 1996-97 49 5 1 0 1 0 2 1 0 1997-98 37 3 5 1 0 0 1 0 1 1998-99 252 6 6 0 3 1 2 0 0 519 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(2) Six species on the schedule are listed as endangered. The white shark, grey nurse shark, green turtle, leather back turtle, loggerhead turtle and humpback whale.

*280 AGRICULTURE—BLACKTIP REEF SHARKS—Ms Rhiannon asked the Special Minister of State, and Assistant Treasurer representing the Minister for Agriculture, and Minister for Land and Water Conservation—

(1) Has the Minister investigated claims that two blacktip reef sharks are currently held at the Shark Bar in Liverpool Street, Sydney, without a licence under the Exhibited Animals Protection Act?

(2) What actions will the Minister take to ensure that these animals are protected from cruelty, including background noise, excessive vibrations, unnatural photoperiod, lack of natural sunlight, lack of room to move in the tank and prodding with pool cues?

(3) What action will the Minister take to ensure that future exhibitions of live animals will not involve cruelty and distress to the animals?

Answer—

(1) The Shark Hotel was issued with an Animal Display Establishment Licence under the Exhibited Animals Protection Act 1986 for the display of two blacktip reef sharks on 8 December 1999. The decision to license the display was made by the Department of Agriculture after careful consideration of the licence application and negotiation with the applicants following advice from the Exhibited Animals Advisory Committee and further consultation with veterinarians and experienced managers of shark exhibitions.

(2) The exhibit will be inspected by the Department of Agriculture and monitored for any adverse impacts on the animals’ welfare and to ensure that high standards of care are maintained by the management and staff of the Shark Hotel.

(3) The Exhibited Animals Protection Act 1986 has as one of its principal objectives the promotion of the welfare of animals held for display on exhibit. Under this legislation and the associated Standards for Exhibiting Animals in New South Wales, I believe that this State has some of the most comprehensive animal welfare legislation governing exhibited animals in the world. A report on the review of this Act is currently being drafted. I look forward to the report of the review group on how the Government can strengthen the protection afforded to animals on exhibit.

*281 TREASURY—SUBSIDIES TO PRIVATE CORPORATIONS—Ms Rhiannon asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

(1) Can the Treasurer provide a list of the direct subsidies from the New South Wales State Government to private corporations, including recipient and amount, for each of the financial years 1995-96, 1996-97, 1997- 98 and 1998-99?

(2) Can the Treasurer also provide an estimate of the total indirect subsidies to private corporations, including relief on State Government charges and provision of infrastructure at less than full marginal cost, for each of these financial years?

(3) Can the Treasurer provide an estimate of the return to the State’s economy and to revenue receipts resulting from these subsidies? 520 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

Answer—

(1) A summary of the projects facilitated or financially assisted by the Department of State and Regional Development is detailed as follows:

Projects 1995-96 1996-97 1997-98 1998-99 Projects assisted 267 314 316 409 Investment committed $2,274 million $2,585 million $1,877 million $1,484 million Jobs attracted 8,914 6,757 6,971 9,523 Funding to attract/assist $23 million $25 million $26 million $36.7 million investment projects

(2) and (3) Detail information on NSW Government assistance to non-government organisations can be found in the Department of State and Regional Development’s Annual Reports. A copy of the Departments 1995- 96, 1996-97, 1997-98 and 1998-99 Annual Reports have been forwarded to the honourable member for information.

*282 TREASURY—QUEEN’S VISIT IN MARCH 2000—Ms Rhiannon asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

(1) Can the Treasurer supply an estimate of the cost to the State of the Queen’s visit in March 2000, including:

(a) additional policing and security services,

(b) provision of hospitality and receptions,

(d) provision of accommodation,

(e) decorations and buntings,

(f) additional cleaning and catering staff in Government-owned or controlled premises, and

(g) any other source of costs to the Government (itemise)?

(2) What measures are being undertaken to minimise these costs?

(3) How do these costs compare, on a per day basis, to those associated with the visits of other heads of state in the last 5 years.

(4) How much does the Treasurer estimate will be recovered in increased State revenue receipts resulting from additional economic activity?

Answer—

I have been advised by the Hon Bob Carr MP, Premier, Minister for the Arts, and Minister for Citizenship, that the answer to the honourable member’s question is as follows:

It is not currently possible to provide the details sought by this question. The duration of Her Majesty’s proposed stay in New South Wales is not yet known. Further, the program of activities The Queen may undertake in New South Wales has not been agreed to with the Palace and Commonwealth authorities. 521 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*283 EDUCATION AND TRAINING—BONUS PAYMENTS—Ms Rhiannon asked the Special Minister of State, and Assistant Treasurer representing the Minister for Education and Training—

(1) Does the current employment contract for the Director-General of Education and the Managing Director of Technical and Further Education (TAFE) NSW contain bonus payments for performance?

(2) If so:

(a) Is the payment of any of these bonuses conditional upon the total cost of teachers’ salaries in the public education system being reduced or in any way contained?

(b) How much bonus would be paid?

(3) Would any of these bonus payments be conditional upon the implementation of an award identical or similar to the offer published by the Department of Education and Training and TAFE NSW in November 1999?

(4) (a) Are any other senior officers within the Department of Education and Training or TAFE NSW on contracts with bonuses that are conditional upon the total cost of teachers’ salaries in the public education system being reduced or contained?

(b) If so, what positions do they occupy and how much bonus would be paid?

(5) (a) Are any other senior officers within the Department of Education and Training or TAFE NSW on contracts with bonuses that are conditional upon the implementation of an award identical or similar to the offer published by the Department of Education and Training and TAFE NSW in November 1999?

(b) If so:

(i) What positions do they occupy? (ii) How much bonus would be paid?

Answer—

(1) to (3) Dr Boston’s remuneration is determined independently by the Statutory and Other Officers’ Remuneration Tribunal.

(4) and (5) No.

*284 AGRICULTURE—GROWTH OF GENETICALLY MODIFIED CROPS—Ms Rhiannon asked the Special Minister of State, and Assistant Treasurer representing the Minister for Agriculture, and Minister for Land and Water Conservation—

(1) Can the Minister provide a list of all State-owned lands which are currently being used to grow genetically modified crops or organisms?

(2) Can the Minister provide a list of all other lands which are currently being used to grow genetically modified crops or organisms?

Answer—

(1) Genetically modified plants are currently being grown in research trials on Department of Agriculture land at Narrabri, Wagga Wagga, Temora and Breeza.

These are all small-scale experimental plots grown under the conditions imposed by the Genetic Manipulation Advisory Committee. 522 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(2) I am unable to provide any information where other genetically modified plants are grown.

*285 SPECIAL MINISTER OF STATE—HEROIN USE—Revd Mr Nile asked the Special Minister of State, and Assistant Treasurer—

(1) Did the National Drug and Alcohol Research Centre report today that deaths from heroin overdoses have jumped 23% with the deaths of 740 Australians, bringing deaths by heroin to an all time high?

(2) Did the Commonwealth Illicit Drug Reporting System find that Australia is “awash in heroin”, that more people are addicted to the drug, that first-time users are starting younger (dropping 2 years to age 17), and prices are hitting an all-time low of $25 a shot in Sydney?

(3) Has the report “Illicit Drug Reporting System”, prepared for the Commonwealth Department of Health, found an alarming change in use patterns with 76% of young people having used heroin reporting that heroin was the first drug they had injected?

(4) What action is the NSW Government planning to take to curb youth uptake of hard drugs, such as heroin, as the price per gram had dropped from $400 in 1997 to $200 in Sydney and only $25 per shot?

(5) Does the Minister agree that legalised heroin use at King Cross and the 9.8 million free heroin needles distributed in New South Wales 1998 has sent a dangerous signal to our youth that heroin use is acceptable?

Answer—

(1) to (3) It is true that in 1998 there were 737 opiate-related deaths in Australia, an increase of 23% on 1997 and, more importantly and regrettably, a tragic loss of life. It is also broadly true that the age of users and the price of heroin are both decreasing and that the pattern of drug use is also shifting with more young people using heroin as their first injectable drug.

(4) The NSW Government is taking seriously the issue of drug use by young people. The Government is fundamentally committed to reducing both the harm arising from illicit drug use and the incidence of drug use itself, both by young people and more generally.

The Government has a multifaceted approach to drug policy based on four key aims:

· attacking drug dealing and trafficking; · using early intervention, education and prevention to help stop young people entering the drug scene; · offering a broad range of services to existing users to help them towards rehabilitation and treatment, to reduce the risks associated with drug use such as the spread of HIV and Hepatitis C and overdose; and · protecting and strengthening the community.

All of these measures are critical to preventing and managing drug abuse among young people.

(5) No. Heroin use is not acceptable and will never be condoned or sanctioned by this Government.

The trial medically supervised injecting centre involves no change whatsoever to the law regarding heroin other than inside the injecting centre itself.

The Needle and Syringe Program is widely accepted as the most effective tool available to prevent the spread of Hepatitis C and HIV amongst injecting drug users.

To complement this, the message the Government is sending to young people who have not tried heroin is simple: this is a dangerous and criminal activity that is not acceptable in our community and is hazardous to an individual’s health, social functioning and educational progress, let alone potentially fatal as the NDARC figures show. 523 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

The message that this Government conveys to young people already in the grip of addiction is one of care and compassion, that we are prepared to try new, evidence-based approaches if that means saving lives and getting people into treatment and rehabilitation.

*286 TREASURER—GAMBLING—Revd Mr Nile asked the Treasurer, Minister for State Development, and Vice- President of the Executive Council—

(1) Is the Treasurer aware that voters in the American State of Alabama recently voted 4 to 1 to resoundly reject lottery gambling in their State?

(2) Is the Treasurer aware that the American States of Tennessee, Oklahoma, North Dakota, and Louisiana have voted to reject state lotteries?

(3) Is the Treasurer aware that South Carolina law makers voted to shut down the State’s 30,000 video poker machines which was subsequently supported by the State’s Supreme Court?

(4) (a) Does evidence now show a direct correlation between gambling and a rise in suicide, divorce rates, child abuse and crime?

(b) If so, will the Government move to follow the trends in the American States to reduce and even out- right reject gambling in our State?

Answer—

(1) to (4) The Government monitors research into gambling-related problems and is continuing to develop policies related to harm minimisation.

There is a range of measures that have been in place for some time in respect of commercial gambling activities in New South Wales which are designed to achieve the Government’s overall “harm minimisation” objective. These measures include:

· controls over the nature of certain gaming-related advertising and promotion; · prohibitions on the advancement of credit for gambling purposes; · measures which limit the accessibility and availability of commercial gambling activities in the broader public interest; and · prohibitions on minors participating in gambling.

In addition, the Government recently introduced the Gaming Legislation Amendment (Responsible Gambling) Act 1999 into the NSW Parliament. This Act provides for the prescribing of harm minimisation and responsible service requirements for gambling activities.

Furthermore, this Government is the first Government in New South Wales to have channelled tax revenue to gambling support programs through the Community Benefit Fund. As part of this, funds have been earmarked for the establishment and maintenance of important research, education, treatment and rehabilitation services for problem gamblers and their families. To date, more than $16 million has been directed towards specific gambling-related projects through the fund.

Included within this amount is funding for a free 24-hour telephone help-line operation for those who may be adversely affected by problem gambling, or the families and friends of problem gamblers.

The Government is also currently considering the Productivity Commission’s report on gambling which identified a range of gambling-related concerns.

*287 ENERGY—HOT WATER SERVICE INSTALLATIONS—Mr Ryan asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing 524 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

the Minister for Information Technology, Minister for Energy, Minister for Forestry, and Minister for Western Sydney—

(1) When will the NSW Government finalise arrangements to ensure that all new hot water service installations in this State are calibrated to protect infants and young children from hot water burns?

(2) Have all other States in the Commonwealth already made such arrangements?

Answer—

(1) It is proposed that New South Wales will adopt amendments to the National Plumbing Code which will facilitate regulatory control for the installation of calibrated hot water systems. Action is proceeding toward implementation from 1 March 2000.

(2) Yes.

*288 GAMING AND RACING—SYDNEY HARBOUR CASINO—Mr Ryan asked the Special Minister of State, and Assistant Treasurer representing the Minister for Gaming and Racing, and Minister Assisting the Premier on Hunter Development—

(1) Was the Chairman of the Casino Control Authority, Mr Dick Warburton, correctly quoted in the Financial Review of 1 April 1996, where he is quoted commenting on the sudden resignation of the former Chief Executive Officer of the Sydney Harbour Casino, saying that “Mr Andre Hilliou has done an outstanding job of overseeing the opening of the temporary casino and the first six months”?

(2) Was Mr Hilliou’s contract of employment terminated suddenly, well before its scheduled completion date?

(3) How much was paid by the Sydney Harbour Casino to terminate Mr Hilliou’s contract of employment?

(4) Did Mr Dick Warburton say to the then Director of Entertainment at Sydney Harbour Casino, Mr Peter Davis, on the day of Mr Hilliou’s sudden departure that “It is not every day you sack your CEO”?

(5) Was Mr Hilliou reported to the management of the Sydney Harbour Casino for inappropriately altering his salary package without the approval of the management of the Sydney Harbour Casino?

(6) (a) Did one of the elements of Mr Hilliou’s then salary package include a lease on a residence at Mosman?

(b) Did Mr Hilliou seek to alter this element of his package by substituting a personal mortgage in place of this lease?

Answer—

I have been advised by the Hon Richard Face MP, Minister for Gaming and Racing, that the answer to the honourable member’s question is as follows:

(1) First, at no time was Mr Warburton the Chairman of the Casino Control Authority. Second, I have no knowledge of any statement that Mr Warburton made to an Australian Financial Review journalist on that day.

(2) Yes.

(3) I do not know.

(4) I do not know. 525 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(5) I do not know.

(6) (a) I do not know.

(b) I do not know.

*289 SYDNEY WATER—NORTHSIDE STORAGE TUNNEL—Mr Ryan asked the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Information Technology, Minister for Energy, Minister for Forestry, and Minister for Western Sydney—

(1) Were temporary facilities provided at Tunks Park during the construction of the Northside Storage Tunnel at a cost of $13.5 million intended mainly to prevent local residents in that area from being inconvenienced during construction?

(2) If Sydney Water was prepared to spend $13.5 million at Tunks Park to prevent inconvenience to residents in that area, why is it not prepared to meet similar costs involved in addressing community concerns about the even more important issue of community health at Scotts Creek in regard to the ventilation shaft?

(3) How does Sydney Water account for the enormous difference in the estimates for the costs of the proposed 15.7 km sludge return pipe which had been proposed for the Northside Storage Tunnel and which had been estimated to cost no more than $6 million, and the shorter 12.7 km ventilation pipe for Scotts Creek, which has been estimated in the Representations Report to cost $20 million?

(4) Is the General Manager TransWater, Mr Ron Quill, correctly quoted in a letter to the Editor of the Manly Daily, published on 11 August 1999, saying that the “price for the work (Northside Storage Tunnel) can only vary as a result of a change to the scope of the project and the normal increases due to inflation”? (5) When he wrote this letter, was he aware of the fact that $13.5 million had been spent prior to 5 April 1999 on temporary “community requirements” at Tunks Park, and how could these expenses be defined as “a change of scope” or an “increase due to inflation”?

(6) How are Mr Quill’s comments in the Manly Daily on 11 August 1999 consistent with the decision to spend $13.5 million, 4 months prior his reported comments, on temporary “community requirements” at Tunks Park?

(7) Was Mr Quill quoted accurately in the North Shore Times on 11 August 1999 where he is reported as saying that “Sydney Water cares about the health risks to the children (at Glenaeon School) and anyone else who may happen to be close to the vent. … We want all the facts on the table and we want to explain the risks … and Sydney Water would invite experts on the issue to present their views at an open forum”?

(8) What are the risks to which Mr Quill refers?

(9) Why has Sydney Water constantly denied that these risks exist?

(10) When did Mr Quill hold the “open forum” he promised?

(11) If Mr Quill has not held the open forum promised, over 3 months has passed since he made the promise. Was he ever serious about having this forum?

(12) If he was serious about holding this open forum, when is it to be held?

(13) If he holds this forum, will he supply details in advance of:

(a) the names of his experts,

(b) their academic qualifications, 526 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(d) details of their publis hed papers in academic journals in this type of project?

(14) Will he undertake to arrange for experts nominated by the Scotts Creek community to be present to present the community’s view?

(15) Has Sydney Water published a joint statement with the Scotts Creek community acknowledging, health experts “have not reached consensus on whether there are potential health impacts”?

(16) Does the above joint statement mean that Sydney Water is obliged by law to follow the Precautionary Principle and use an alternate solution?

Answer—

Sydney Water has advised the following:

(1) No.

(2) Not applicable.

(3) Different pipe sizes, pressures and the need for auxiliary equipment including fans and compressors for such a ventilation return line. (4) Yes.

(5) The expenditure at Tunks Park was not for “temporary” community requirements.

(6) There is no inconsistency.

(7) Yes.

(8) Mr Quill refers to potential environmental, operational and health impacts.

(9) The Environmental Impact Statement notes the completion of the Northside Storage Tunnel project will deliver an improvement in public health outcomes due to the reduction of sewer overflows.

(10) The community has agreed to a process of mediation to further discuss these matters.

(11) See question (10).

(12) See question (10).

(13) (a) to (d) Not applicable.

(14) Experts from Sydney Water and the community have been involved in the mediation process.

(15) Yes.

(16) Sydney Water is obliged to comply with the law. Further, Sydney Water has applied the precautionary principle with regards to Scotts Creek vent and the Conditions of Approval further reflect this.

*290 TREASURER—GOVERNMENT RESPONSE TO COMMITTEE REPORTS—Revd Mr Nile asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council— 527 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(1) Did the Standing Committee on Social Issues table their report number 16 on Hepatitis C: The Neglected Epidemic - Inquiry into Hepatitis C in New South Wales in November 1998?

(2) Is the Government obligated according to the resolutions establishing the Standing Committee to reply to committee reports within 6 months of the tabling of a report?

(3) Will the Minister explain why the Government continues to fail to reply to this very important report on Hepatitis C?

(4) Will the Minister inform the House when the Government will respond to the report with their reply? Answer—

I have been advised by the Hon Bob Carr MP, Premier, Minister for the Arts, and Minister for Citizenship that the answer to the honourable member’s question is as follows:

The report of the Standing Committee on Social Issues entitled “Hepatitis C: The Neglected Epidemic” was tabled in the Legislative Council in November 1999.

The broad principles underlying the recommendations have the full support of NSW Health. The Government is taking action to:

· develop a Hepatitis C strategy; · review the care and treatment services for Hepatitis C; · upgrade the Department of Health’s advisory committee to a Ministerial Advisory Committee on Hepatitis; · enhance surveillance of Hepatitis C prevalence and incidence through upgrading the Notifiable Disease Database; · employ a medical epidemiologist in the Corrections Health Service; · increase funding and better integration of the Needle and Syringe Program; · double recurrent funding for Hepatitis C initiatives; · recurrently enhance $210,000 to support the work of the Hepatitis C Council of New South Wales; · allocate $100,000 to the Hepatitis C Council of New South Wales to conduct a health care worker training project; · allocate $260,000 to fund three social research projects relevant to the prevention of Hepatitis C; and · allocate $600,000 to conduct a Hepatitis C awareness campaign.

The NSW Hepatitis C strategy currently under development by NSW Health will address other issues contained in the report. A Discussion Paper on the strategy was released for public consultation in September 1999.

*291 POLICE—STAFF ESTABLISHMENTS—Mr Oldfield asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Minister for Police—

(1) What were the approved theoretical staff establishments at, and how many Police officers were actually working at, the Police stations of Campsie and Lakemba:

(a) Before the downsizing of Lakemba, and the amalgamation of Lakemba into the Local Area Command of Campsie, and

(b) Now?

(2) What were the approved theoretical staff establishments at, and how many Police officers were actually working at, the Police stations of Bass Hill, Revesby and Bankstown:

(a) Before the downsizing of Bass Hill and Revesby and their amalgamation into the Local Area Command of Bankstown, and 528 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(b) Now?

(3) (a) If numbers have reduced, what is the justification for the reduction?

(b) If numbers have not reduced, then would the Minister explain claims that many Police are taking sick leave as a result of stress related to being overworked?

(4) Has there been a standard 12-hour roster in operation for the last 2 years or so, as opposed to an 8-hour roster with three shifts (day, afternoon, night)?

(5) If the 12-hour roster is in place, does this mean that officers have more days off with adverse implications for continuity of work?

(6) (a) Has there been any survey of police officers in general, either at the stations previously mentioned or elsewhere in New South Wales, to ask if they prefer 8-hour or 12-hour shifts?

(b) If so, what were the results?

(7) How many officers at all of the above police stations have taken sick leave during the months of September, October and November?

(8) What is the percentage of staff time spent on sick leave at those stations during the months of September, October and November compared with the annual average for 1998 or 1997-98?

(9) How many officers from these police stations have retired medically unfit or for others reasons in the last 18 months?

(10) Is the high workload at these police stations related to the high percentage of people in these areas from non-English speaking backgrounds?

(11) Will the Government have the NSW Police Service record the country of birth of suspects and alleged offenders that it charges, like the policy adopted by the Victorian Police Force some years ago and currently in operation?

(12) From 6 am to 6 pm at police stations in Lakemba, Bass Hill and Revesby, is there only one general duties police officer present in the building, while from 6 pm to 6 am there are only two?

(13) (a) At the time the amalgamation of police stations into Local Area Commands was instigated, were there any performance indicators by which the efficiency or otherwise of such a policy could be measured?

(b) If so, what were these performance indicators during the last 18 months or so?

(14) If there were no such indicators, why was such a large restructuring undertaken?

Answer—

I have been advised by the Hon Bob Carr MP, Premier, Minister for the Arts, and Minister for Citizenship, that the answer to the honourable member’s questions are:

(1) to (3) There is no such category as “approved theoretical staff establishments”.

(4) Rosters are flexible and vary depending on the Local Area Command.

(5) No. 529 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(6) (a) and (b) I am advised by the Deputy Commissioner that the 12-hour roster was elected by a majority of police in both the Campsie and Bankstown Local Area Command as per the flexible rostering agreement.

(7) and (8) It is uncertain to which year the honourable member is referring.

(9) Police are attached to Local Area Commands and the Police Service does not generally collate figures on a station-by-station basis.

(10) A broad range of factors contribute to the demands that are placed on any Local Area Command in carrying out policing duties. (11) I am advised by the Deputy Commissioner that country of birth data is currently collected by the NSW Police Service in accordance with the Australian Standard Classification of Countries for Social Statistics (Australian Bureau of Statistics).

(12) The number of police rostered on duty at a particular station will vary depending on a wide range of factors including intelligence and crime trends.

(13) and (14) The restructure of the NSW Police Service reflected the Commission’s focus on achieving ethical and cost-effective crime reduction and was fully supported by the Wood Royal Commission.

*292 EDUCATION AND TRAINING—SEAFORTH TECHNICAL AND FURTHER EDUCATION—Ms Rhiannon asked the Special Minister of State, and Assistant Treasurer representing the Minister for Education and Training—

Now that the General Purpose Standing Committee No 1 has recommended against the closure of Seaforth Technical and Further Education (TAFE), will the Government resile from its cuts to TAFE and, in particular, the planned $8 million cuts to the $110 million budget at the Sydney Institute of Technology, thus avoiding the loss of 700 jobs?

Answer—

Constraints imposed by the Commonwealth Budget have resulted in a reduction in funding to the Institutes of the NSW TAFE Commission of some $33.5 million in 1999-2000. The Commonwealth funding cuts have come about because the Federal Government no longer provides growth funding under the ANTA Agreement. This funding averaged some $23 million per annum over the years 1993 to 1997. As the $23 million per annum was an incremental yearly increase, the loss to the State over the 3 years of the current Agreement is around $138 million ($23 million + $46 million + $69 million). In addition, ANTA capital funding to New South Wales is also continuing to decrease, reducing from $78.7 million in 1996 to $59.2 million in 2000.

A range of strategies has been designed by the Sydney Institute of Technology to ensure that the vocational education and training needs of individuals, the community and industry are met despite budgetary constraints. The strategies include provision for voluntary redundancies.

The Director of Sydney Institute of Technology advises that there has been no reduction in the level of course provision or student services.

*293 URBAN AFFAIRS AND PLANNING—MOUNT JERRABOMBERRA—Ms Rhiannon asked the Special Minister of State, and Assistant Treasurer representing the Deputy Premier, Minister for Urban Affairs and Planning, Minister for Aboriginal Affairs, and Minister for Housing—

(1) Can the Minister explain why an area that is listed by the Australian Heritage Commission as National Estate, Mount Jerrabomberra in Queanbeyan, has not been listed by the NSW Heritage Office?

(2) Does that area fulfil all the requirements for such listing? 530 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(3) Would the Minister provide all correspondence between the NSW Heritage Office and the Queanbeyan City Council regarding the heritage listing of Mount Jerrabomberra?

Answer—

(1) I am advised that while there are many items on the National Estate, they have no statutory basis, unlike the State Heritage Register in New South Wales. I am further advised that the upper levels of Mount Jerrabomberra are zoned for environmental protection. I also understand that Queanbeyan City Council conforms to the requirements of the Environmental Planning and Assessment Act in terms of the eight point test for threatened species.

(2) The Heritage Office has advised me that the site does not merit listing on the State Heritage Register.

(3) It is suggested that the honourable member contact my office directly to discuss this matter.

*294 AGRICULTURE—COONAMBLE RURAL LANDS PROTECTION—Mr Moppett asked the Special Minister of State, and Assistant Treasurer representing the Minister for Agriculture, and Minister for Land and Water Conservation—

Would the Minister be prepared to review the testing regime for endosulfan residue in meat in the Coonamble Rural Lands Protection district?

Answer—

The testing regime referred to in the honourable member’s question has been determined by SAFEMEAT. The program is currently operating across six shires in Queensland and ten Rural Lands Protection Districts in New South Wales. Cattle from these districts are tested at abattoirs in New South Wales, Queensland, Victoria and South Australia.

SAFEMEAT has established both a Technical Working Group and a Risk Management Group to provide ongoing assessments and advice on testing requirements. Further review of the testing regime by the Minister for Agriculture is not necessary or appropriate.

SAFEMEAT has already reduced testing rates for cattle in four Rural Lands Protection Districts, including Coonamble Board (and in three Queensland shires), from all lots to one lot in every five. SAFEMEAT will consider further testing rate reductions based on their ongoing district by district risk assessment.

SAFEMEAT, the national policy adviser on red meat food standards and safety, is a partnership of industry and Government representatives. It has developed the current endosulfan program to protect both domestic and export beef markets and to ensure that previous endosulfan residue problems have been resolved.

*295 FAIR TRADING—FUNERAL INDUSTRY—Mr Gallacher asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Fair Trading, and Minister for Sport and Recreation—

(1) Is the Minister aware of plans by the Funeral Industry Council to set up a board to regulate the funeral industry throughout New South Wales?

(2) For what purpose is the board being established?

(3) (a) Can he confirm if local councils or the Local Government or Shires Associations have been approached to provide representatives on this board?

(b) If they have not been approached, why not? 531 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(4) (a) Does this board propose to charge a registration fee of $300 for each cemetery with an annual renewal fee of $200, in addition to a fee for each burial?

(b) If not, how will the board be funded?

Answer—

(1) to (4) I am advised that a proposal to establish a Funeral Industry Registration Board forms part of a submission by the Funeral Industry Council in response to the issues paper for the current review of the Public Health Act 1991.

The issue does not fall within the administration of the Minister for Fair Trading. It is suggested that this matter be brought to the attention of the Minister for Health who has responsibility for the legislation. *296 LOCAL GOVERNMENT—LOCAL ETHNIC AFFAIRS POLICY—Dr Wong asked the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Local Government, Minister for Regional Development, and Minister for Rural Affairs—

(1) How many councils have implemented Local Ethnic Affairs Policy Statements, or equivalent, in accordance with the Government’s policy on cultural diversity?

(2) Which are these councils and how often do they report?

(3) What is the Government doing to encourage wider implementation of the Local Ethnic Affairs Policy?

Answer—

(1) Local Ethnic Affairs Policy Statements (LEAPS) have been replaced by the introduction of the Local Government (General) Amendment (Community and Social Plans) Regulation 1998 which takes into account existing council obligations under the Local Government Act and Ethnic Affairs Commission Act (as amended).

(2) Refer to answer given to question (1).

(3) The Local Government (General) Amendment (Community and Social Plans) Regulation 1998 was introduced to promote a more inclusive community by ensuring that council services are responsive to community need and diversity.

It requires councils to:

· develop a social or community plan; and

· incorporate access and equity activities and programs in their management plans and to report on these in their annual reports.

The Social Plan identifies specific policies and action plans for seven mandatory target groups, which includes people from culturally and linguistically diverse backgrounds.

Including target group information in the social plan will help councils consider a range of recommendations across all their functions and ensure that services benefit a cross-spectrum of their community without overlooking the needs of minority groups.

These plans should assist councils in meeting responsibilities relating to the principles of cultural diversity in the Ethnic Affairs Commission Act.

Councils are expected to report in their annual reports and management plans about activities designed to target people from culturally and diverse backgrounds in accordance with identified needs. 532 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

*297 URBAN AFFAIRS AND PLANNING—M5 EAST TURRELLA VENTILATION STACK—Mrs Nile asked the Special Minister of State, and Assistant Treasurer representing the Deputy Premier, Minister for Urban Affairs and Planning, Minister for Aboriginal Affairs, and Minister for Housing—

(1) Has the Roads and Traffic Authority (RTA) been permitted to design and operate an M5 East Turrella ventilation stack which will discharge vehicle emissions that will double the amount of air pollution in the suburbs around the stack?

(2) Is the Government’s intention to sacrifice the health of the local children, elderly and sick for the benefit of property developers by minimising the visual impact by use of a shorter stack? (3) Where is the equity in protection of health for all Sydney residents from stack emissions when the Sydney Harbour Tunnel has an 80-metre stack and the RTA is only offering 25 metres for the Turrella stack which is located 38 metres below homes in Arncliffe and Earlwood?

(4) Will the Minister explain why a nominal road users toll is not applied to this section of the M5 East which would pay for filtration systems?

Answer—

(1) No.

(2) The final height of the stack will be determined by the requirements to meet relevant air quality goals.

(3) See (2).

(4) It is anticipated that the air quality goals for the project will be met. Furthermore, the conditions of approval provide adequate mechanisms to protect air quality should monitoring indicate that exhaust emissions are exceeding air quality goals.

*298 AGRICULTURE—BROKEN HILL RURAL LANDS PROTECTION BOARD—Mr Moppett asked the Special Minister of State, and Assistant Treasurer representing the Minister for Agriculture, and Minister for Land and Water Conservation—

(1) Did NSW Agriculture fail to support Broken Hill Rural Lands Protection Board by not including this district with adjoining Hillston, Balranald and Wentworth districts in their application for assistance under the Exceptional Circumstances provisions?

(2) If so, why?

Answer—

(1) NSW Agriculture did not include Broken Hill in applications for the renewal of Exceptional Circumstances assistance for adjoining districts as these areas were already declared Exceptional Circumstances under earlier criteria and have different requirements.

However, a new application on behalf of land holders in the southern portion of Broken Hill was prepared and submitted to the Commonwealth on 11 November 1999. It should be noted, however, that the preparation of the application was hampered by difficulties experienced by some land holders in providing the detailed information required by the new criteria for Exceptional Circumstances assistance which is now required by the Commonwealth. 533 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

It should also be noted that the Rural Adjustment Scheme Advisory Council inspected the Broken Hill area on their visit to Western New South Wales from 17-19 November 1999 when they reviewed the existing Exceptional Circumstances areas.

(2) See answer to (1). 534 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

TUESDAY 4 APRIL 2000

(Paper No. 30)

299 ROADS—WINDSOR ROAD DEVELOPMENT—Mr Lynn to ask the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Transport, and Minister for Roads—

(1) Has a recent survey established that the single lane Windsor Road carries, on an average per lane, 2½ times the vehicles than the Great Western Highway which is a 3-lane highway?

(2) Is a massive retail centre being planned in the same area as the recent traffic survey was carried out?

(3) What assessment has the Department of Urban Affairs and Planning made on the impact of this development on traffic?

(4) (a) Are almost 60% of the vehicles surveyed commercial vehicles used by contractors on their way to work?

(b) If so, will public transport have any impact on the number of such vehicles?

(5) Have three local councils collectively prepared a comprehensive report on the Windsor Road?

(6) (a) Will the Government implement the recommendations of the report?

(b) If not, what plans does the Government have to deal with the current traffic problems and the future traffic problems associated with the proposed developments?

300 URBAN AFFAIRS AND PLANNING—RETAIL DEVELOPMENT ON WINDSOR ROAD—Mr Lynn to ask the Special Minister of State, and Assistant Treasurer representing the Deputy Premier, Minister for Urban Affairs and Planning, Minister for Aboriginal Affairs, and Minister for Housing—

(1) Is the department planning a massive retail centre, Mungerie Park, at Rouse Hill, which will have an estimated population the size of Canberra in one-tenth of the area?

(2) Is this development planned to be on Windsor Road?

(3) Will this development cause huge social dysfunction in the area?

(4) Will the Minister delay the development until the Government has addressed the area’s transport infrastructure?

301 ENERGY—CHIEF EXECUTIVE OFFICERS—Mr Gay to ask the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Information Technology, Minister for Energy, Minister for Forestry, and Minister for Western Sydney—

What are the salary packages of the Chief Executive Officers of:

(a) Pacific Power;

(b) Macquarie Generation;

(d) Transgrid; 535 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(e) NorthPower;

(f) EnergyAustralia;

(g) Integral Energy;

(h) Great Southern Energy;

(i) Advance Energy;

(j) Australian Inland Energy?

Details of the packages should include, but are not limited to, company car, travel allowance, bonus scheme, performance indicators, retainers, study allowance, home telephone, mobile telephone and credit card entitlements.

302 TREASURY—CHIEF EXECUTIVE OFFICERS—Mr Gay to ask the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

What are the salary packages of the Chief Executive Officers of:

(a) Pacific Power;

(b) Macquarie Generation;

(d) Transgrid;

(e) NorthPower;

(f) EnergyAustralia;

(g) Integral Energy;

(h) Great Southern Energy;

(i) Advance Energy;

(j) Australian Inland Energy?

303 ENERGY—CONSULTANCIES—Mr Gay to ask the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for Information Technology, Minister for Energy, Minister for Forestry, and Minister for Western Sydney—

(1) How many consultants have been contracted by Integral Energy in:

(a) 1997-98;

(b) 1998-99;

(2) With reference to question (1): 536 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

(a) What was the purpose of each of the consultancies?

(b) How much did each consultancy cost?

304 PREMIER—OFFICE LEASE—Mr Gay to ask the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Premier, Minister for the Arts, and Minister for Citizenship—

(1) (a) Is Premier’s Department still party to a lease on an office in 151 Macquarie Street, Sydney?

(b) If not, when did this lease cease?

(2) Is the office being sublet by the department?

305 LOCAL GOVERNMENT—RELOCATION OF DEPARTMENT—Mr Gay to ask the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Local Government, Minister for Regional Development, and Minister for Rural Affairs—

(1) (a) Will the Department of Local Government complete its move to Nowra by July 2000?

(b) If not, why not?

(2) If the move is not completed by July 2000, when will it be completed?

306 FAIR TRADING—BUILDING LICENCES—Mr Ryan to ask the Minister for Mineral Resources, and Minister for Fisheries representing the Minister for Fair Trading, and Minister for Sport and Recreation—

(1) How many current building licences are contained on the register of building licences maintained by the Department of Fair Trading pursuant to section 58 of the Home Building Regulation 1997?

(2) How much revenue has been collected as a result of payments made from applicants for building licences, issued under section 58 of the Home Building Regulation 1997 in the financial years 1997-98, 1998-99 and since 1 July 1999?

(3) How many complaints have been received by the Department of Fair Trading about the holders of licensed builders or certificates pursuant to section 55 of the Home Building Act 1989 since 1 May 1997?

(4) How many investigations has the Department of Fair Trading conducted into licensed builders or building company supervisors as provided for by section 62 of the Home Building Act 1989?

(5) How many “show cause” actions have been taken by the Department of Fair Trading pursuant to section 63 of the Home Building Act 1989 since 1 May 1997?

(5) How many building licences have been cancelled as a result of “show cause” actions brought against builders by the Department of Fair Trading since 1 May 1997? 537 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS Tuesday 4 April 2000

307 EMERGENCY SERVICES—FIRE AT TAMBAR MOUNTAIN—Mr Gay to ask the Minister for Juvenile Justice, Minister Assisting the Premier on Youth, and Minister Assisting the Minister for the Environment representing the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts—

In relation to the Inquiry into a Fire at Tambar Mountain “Killawara” Property held in Gunnedah from February to May 1999, will the Minister provide to the House copies of Rural Fire Service warrants paid during the Tambar Mountain fire to the following individuals:

(a) Mr Paul Gruber for bulldozer hire, (b) Mr Kelvin Foster for bulldozer hire, (c) Mr Bob Foster for bulldozer hire, (d) Mr Stewart Green for aircraft hire used for fire spotting, (e) Coonabarabran Aero Club for aircraft hire used for fire spotting, (f) Gunnedah Aero Club for aircraft hire used for fire spotting, (g) Gunnedah Shire Council for grader and dozer hire, (h) Gunnedah Shire Council for food and beverages, and (i) Coonabarabran Shire Council for grader and dozer hire?

John Evans Clerk of the Parliaments

______

Authorised by the Parliament of New South Wales