2653

LEGISLATIVE COUNCIL

MINUTES OF PROCEEDINGS

No. 209

WEDNESDAY 13 AUGUST 2014

Contents

1 Meeting of the House ...... 2654 2 Disputed Claim of Privilege—Report of Independent Legal Arbiter—WestConnex Business Case (Formal Business) ...... 2654 3 Legacy reports for Standing Committees (Formal Business) ...... 2654 4 NSW Waratahs’ win (Formal Business) ...... 2654 5 National Homeless Persons Week (Formal Business) ...... 2655 6 St George Netball Association’s Waratah Cup win (Formal Business) ...... 2655 7 Select Committee on greyhound racing in New South Wales—Extension of reporting date (Formal Business) ...... 2656 8 National Suicide Prevention Conference 2014 (Formal Business) ...... 2656 9 Unproclaimed Legislation ...... 2658 10 Report of Independent Legal Arbiter—WestConnex Business Case ...... 2658 11 Notices of Motions ...... 2658 12 Business Postponed ...... 2658 13 Disability Inclusion Bill 2014 ...... 2658 14 Questions ...... 2659 15 Paper—Tabled by Minister ...... 2659 16 Disability Inclusion Bill 2014 ...... 2659 17 Message from the Legislative Assembly—Child Protection (Offenders Registration) Amendment (Statutory Review) Bill 2014 ...... 2660 18 Mutual Recognition (Automatic Licensed Occupations Recognition) Bill 2014 ...... 2660 19 Messages from the Legislative Assembly ...... 2661 (1) State Revenue Legislation Further Amendment Bill 2014 ...... 2661 (2) Mining Amendment (Small-Scale Title Compensation) Bill 2014 ...... 2661 20 Business Postponed ...... 2661 21 Universities Legislation Amendment (Regulatory Reforms) Bill 2014 ...... 2661 22 Business Postponed ...... 2662 23 Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 ...... 2662 24 Adjournment ...... 2663 25 Attendance ...... 2663

2654 Legislative Council Minutes No. 209—Wednesday 13 August 2014

1 MEETING OF THE HOUSE

The House met at 11.00 am according to adjournment. The President took the Chair and read the prayers.

2 DISPUTED CLAIM OF PRIVILEGE—REPORT OF INDEPENDENT LEGAL ARBITER— WESTCONNEX BUSINESS CASE (Formal Business)

Mr Gay moved, according to notice:

1. That the report of the Independent Legal Arbiter, the Hon Keith Mason AC QC, dated 8 August 2014, on the disputed claim of privilege on documents relating to an order for papers regarding the WestConnex Business Case, along with all the submissions received by Mr Mason during his evaluation of the documents, be laid on the table by the Clerk.

2. That, on tabling, the report and submissions are authorised to be published.

Question put and passed.

3 LEGACY REPORTS FOR STANDING COMMITTEES (Formal Business)

Miss Gardiner moved, according to notice:

1. That the standing committees on Law and Justice, Social Issues and State Development produce legacy reports that:

(a) inform their successor committees of the activities undertaken during the 55th Parliament and any matters that would benefit from further inquiry in the 56th Parliament, and

(b) make recommendations to the Chairs’ Committee, if necessary, regarding any matters relating to committees and the inquiry process that require particular action.

2. That the committees report by 13 November 2014.

Question put and passed.

4 NSW WARATAHS’ SUPER RUGBY WIN (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House notes that for the first time in its history the NSW Waratahs won the Super Rugby Final beating the Crusaders 33-32 at the ANZ Stadium on Saturday 2 August 2014.

2. That this House acknowledges and commends the members of the NSW Waratahs on their historic win: Michael Ala’alatoa, Alofa Alofa, Adam Ashley-Cooper, Kurtley Beale, , Matt Carraro, Mitchell Chapman, Cam Crawford, Dave Dennis, Kane Douglas, Israel Folau, Bernard Foley, Tala Gray, Michael Hodge, Stephen Hoiles, Jed Holloway, Michael Hooper, , David Horwitz, Sekope Kepu, Jono Lance, Tolu Latu, Matt Lucas, Pat McCutcheon, Brendan McKibbin, Taqele Naiyaravoro, Wycliff Palu, Greg Peterson, Nick Phipps, Tatafu Polota Nau, Jacques Potgieter, Hugh Roach, Benn Robinson, Paddy Ryan, Will Skelton, Jeremy Tilse, Ben Volavola, (Head Coach), Daryl Gibson (Assistant Coach), Nathan Grey (Assistant Coach) and Tim Kelaher (Chief Scout).

Question put and passed.

2655 Legislative Council Minutes No. 209—Wednesday 13 August 2014

5 NATIONAL HOMELESS PERSONS WEEK (Formal Business)

Ms Barham moved, according to notice:

1. That this House notes that:

(a) 4 to 10 August 2014 was National Homeless Persons’ Week,

(b) Homeless Persons’ Week is an annual event coordinated by Homelessness Australia to raise awareness of issues associated with homelessness, and

(c) the theme of Homeless Persons’ Week 2014 was “Homelessness: we can’t afford to ignore it,” which highlighted that homelessness causes personal harm to those who experience it, costs governments by placing increased demand on health, justice and welfare services, and significantly impacts society by causing intergenerational inequality and entrenching disadvantage.

2. That this House notes that during Homeless Persons’ Week, Homelessness NSW called on the Baird Government to:

(a) invest in street counts of rough sleepers in several locations across and regional New South Wales,

(b) make a major effort to have all “hidden” boarding houses added to the New South Wales Register of Boarding Houses, and

(c) commit the unallocated $30 million of Commonwealth funding for the National Partnership on Homelessness in 2014-15 toward making new homelessness services more viable and effective.

3. That this House notes that on the North Coast, Greens representatives arranged or attended several Homeless Persons’ Week events, reflecting on the challenges faced by many North Coast residents to find shelter and support, and gathering information about the needs of some of the most vulnerable in our community.

4. That this House notes the number of homeless people has continued to rise, with the 2011 Census indicating that 28,190 people in New South Wales, or 41 people per 10,000, were homeless, a 20 per cent increase in the rate of homelessness since 2006.

5. That this House:

(a) congratulates all people and organisations who supported Homeless Persons’ Week,

(b) expresses its concern at the impacts of homelessness on individuals, society and governments, and

(c) supports ongoing investment to address the causes of homelessness, prevent people from becoming homeless and provide appropriate crisis services to those who have become homeless.

Question put and passed.

6 ST GEORGE NETBALL ASSOCIATION’S WARATAH CUP WIN (Formal Business)

Ms Ficarra moved, according to notice:

2656 Legislative Council Minutes No. 209—Wednesday 13 August 2014

1. That this House notes that on 23 July 2014 for the first time in Netball NSW history, St George District Netball Association which was founded in 1947, won the Dooley’s State League Division 1 Waratah Cup, defeating Eastwood Ryde Netball Association 52 goals to 38.

2. That this House commends and congratulates members of the St George District Netball Association Team on their historic win of the Netball NSW Dooley’s State League Division 1 Waratah Cup: Moira Gaha, Coach, Heath Brown, Assistant Coach, Deborah Kassing, Manager, Sarjaam (Fudge) Atshan, Stength and Conditioning Coach, Belynda Loveday, Holly Pearce, Kim Borger, Co-Captain, Emma Turner, Daisy Kennedy-Holtz, Kaitlyn Bryce, Alix Kennedy, Claire O’Brien, Katie Maguire, Kristiana Manu’a, Nicole Styles, Co-Captain, Kara Styles, and April Letton.

Question put and passed.

7 SELECT COMMITTEE ON GREYHOUND RACING IN NEW SOUTH WALES—EXTENSION OF REPORTING DATE (Formal Business)

Dr Kaye (on behalf of Mr Borsak) moved, according to notice: That the final reporting date for the Select Committee on greyhound racing in NSW be extended to Friday 17 October 2014.

Question put and passed.

8 NATIONAL SUICIDE PREVENTION CONFERENCE 2014 (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House notes that:

(a) on 23 July 2014 the National Suicide Prevention Conference was officially opened by the Hon Chief Justice Wayne Stewart Martin AC, representing the Governor General of Australia, His Excellency General the Honourable Sir Peter Cosgrove AK MC (Retd), and

(b) delegates from across the nation came together to discuss how to reduce the incidence of suicide in Australia.

2. That this House notes with concern that:

(a) every day seven people in Australia die by suicide,

(b) suicide remains the leading cause of death in Australia for 15-44 year olds,

(c) the most recent data (ABS, Causes of Death, 2012) indicate that almost twice as many people each year die from suicide in Australia than in road related transport deaths, with 2,535 versus 1,310 deaths,

(d) the most recent Australian data (ABS, Causes of Death, 2012) reports 2,535 deaths due to suicide in 2012,

(e) the overall suicide rate in 2012 was 11.0 per 100,000, compared to the 2011 rate of 9.9 per 100,000,

(f) in 2012, 1,901 males (16.8 per 100,000) and 634 females (5.6 per 100,000) died by suicide,

(g) men account for four out of every five deaths by suicide, making suicide the 10th leading cause of death for males,

2657 Legislative Council Minutes No. 209—Wednesday 13 August 2014

(h) for those of Aboriginal and Torres Strait Islander descent, the suicide rate is 2.5 times higher for males and 3.4 times higher for females, and

(i) for every completed suicide, it is estimated that as many as 30 people attempt suicide.

3. That this House acknowledges and commends:

(a) the Board of Suicide Prevention Australia (SPA) for its exemplary organisation of the conference: Mr Murray Bleach, Co-chair, Dr Michael Dudley, Co-chair, Ms Caroline Aebersold, Ms Jenny Allen, Mr Phillip Cornwell, Ms Angela Emslie, Ms Beth Derbyshire- Sloan, Associate Professor Myf Maple, Mr Atari Metcalf, Mr Wesley Smith, Mr Matthew Tukaki and Mr Alan Woodward,

(b) SPA staff for their outstanding contribution to the organisation of the conference: Ms Sue Murray (CEO), Ms Jo Riley (Policy and Sector Engagement Manager), Ms Michelle Williams (Government and External Relations), Ms Kim Borrowdale (Corporate Communications Manager) and Tracy McCown (Member and Supporter Relations),

(c) National Suicide Prevention Conference volunteers for their contribution and efforts: Mr Carlo Laruccia, Ms Mel Singh, Mr Daniel Trainer, Mr David Nicolson and Ms Jessica Sorci,

(d) SPA Lived Experience Committee for its contribution to the conference: Mr John Bradley, Ms Jen Coulls, Dr Mic Eales, Ms Bronwen Edwards, Mr David Kelly, Ms Hayley Purdon,

(e) the Program Advisory Committee for the Conference for its contribution: Alan Woodward, Chair, Jo Riley, Ngaree AhKit, Susan Beaton, Mel Birrell, John Bradley Tony Cassidy, Helen Christensen, Erminia Colucci, Jen Coulls, Sue Crock, Joshua Cunniffe, Neda Dusevic, Mic Eales, Brownwen Edwards, Lance Emerson, Jill Fisher, Julie Greig, Katherine Hams, Trevor Hazel, Fiona Kalaf, David Kavanagh, David Kelly, Tracy McCown, Joel Murchie, Sue Murray, Jennie Parham, Hayley Purdon, Debra Rickwood, Barry Taylor, Scott Thompson and Pui San Whittaker,

(f) sponsors of the 2014 National Suicide Prevention Conference: AMP, beyondblue, Incolink, LiFE Communications, LivingWorks, Lotterywest, MATES in Construction, MensLine Australia, Mental Health Commission of Western Australia, Mental Health Council of Australia, The Ministerial Council for Suicide Prevention (WA), National StandBy Response Service and RioTinto,

(g) invited key note speakers for their contribution: Ms Susan Beaton, Professor Ngiare Brown, Professor Helen Christensen, Ms Jackie Crowe, Professor Pat Dudgeon, Ms Jill Fisher, Ms Rosalinda Fogliani, Mr Mr David Flanagan, Ms Georgie Harman, Ms Jacinta Hawgood, Professor Nav Kapur, Dr Matthew Large, Associate Professor Myf Maple, Mr Tim Marney, Ms Jane Pearson, Professor Nicholas Procter, Dr Bruce WS Robinson AM, Professor Cobie Rudd, and Assoc Professor Ted Wilkes AO,

(h) session Chairs: Ms Susan Beaton, Ms Sue Murray, Professor Jane Pirkis, Ms Jaelea Skehan, and Mr Barry Taylor,

(i) presenters to the Conference: Dr Bridget Bassilios, Dr Philip Batterham, Mrs Dulcie Bird, Mr Dameyon Bonson, Ms Lauren Breen, Ms Meg Bryant, Ms Bev Brechin, Dr Alison Calear, Mr Tony Cassidy, Professor Helen Christensen, Ms Sarah Coker, Dr Erminia Colucci, Dr Claire Kelly, Ms Tegan Cotterill, Dr Georgina Cox, Ms Sharleen Delane, Ms Sharon Hillman, Professor Rob Donovan, Dr Mic Eales, Ms Susan Beaton, Mr Clive Elliott, Mr Bob Taddeo, Mrs Ann Evans, Dr Catherine Ferguson, Ms Jill Fisher, Ms Kayte Godward (Tainui), Ms Sarah Green, Ms Kylie Atkinson, Ms Rachel Green, Ms Jacinta Hawgood, Mr Les Hems, Mr Alan Woodward, Mrs Belinda Horton, Dr John Howard, Mr Atari Metcalf, Mr Ross Jacobs, Adjunct Professor John Mendoza, Dr Martin Harris, Ms

2658 Legislative Council Minutes No. 209—Wednesday 13 August 2014

Fiona Kalaf, Professor David Kavanagh, Dr Claire Kelly, Miss Vanessa Kennedy Case studies of support provided by the headspace School Support service, Mrs Alison Kennedy, Mr Julian Kreig, Dr Karolina Krysinska, Ms Rebecca Lewis, Professor Rob Donovan, Mrs Kirsty Louden-Bell, Dr Kathy McKay, Miss Aves Middleton, Mrs Charlotte Myers, Miss Caitlin Neal, Ms Meg Perceval Evaluation, Mrs Angela Petrolo, Professor Jane Pirkis, Professor Nicholas Procter, Mr Sebastian Robertson, Ms Jo Robinson, Ms Jo Robinson, Dr Alish Rodgers, Ms Sandy Cavner, Mr Elio Rossaro, Mr Craig Sampi, Ms Mel Hoy, Mr Bill Sayers, Dr Fiona Shand, Mr Kevin McKenzie, Dr Johann Elizabeth Sheehan, Professor Debra Rickwood, Ms Melanie Singh, Ms Jaelea Skehan, Mrs Alexandra Culloden, Ms Jaelea Skehan, Ms Susan Beaton, Ms Jaelea Skehan, Dr Mic Eales, Ms De Backman- Hoyle, Ms Le Smith, Ms Joan Dhamarrandji, Ms Regan Smith, Dr Matthew Spittal, Mr Barry Taylor, Mr Garry Thomson, Mr Paul Vittles, and Ms Stephanie Wilks, and

(j) delegates to the Conference for their contribution to reducing suicide, caring for those that have attempted suicide and their families and loved ones.

Question put and passed.

9 UNPROCLAIMED LEGISLATION

According to standing order, Mr Mason-Cox tabled a list of unproclaimed legislation as at 12 August 2014.

10 REPORT OF INDEPENDENT LEGAL ARBITER—WESTCONNEX BUSINESS CASE

The Clerk, according to resolution of the House this day, tabled the report of the Independent Legal Arbiter, the Honourable Keith Mason AC QC, dated 8 August 2014, on the disputed claim of privilege on papers relating to WestConnex Business Case, together with invited submissions from members and other interested parties in relation to the role of the independent legal arbiter and the claim of privilege.

11 NOTICES OF MOTIONS

12 BUSINESS POSTPONED

(1) Notice of motion no. 1 on the Notice Paper of business of the House postponed, on motion of Dr Kaye, until Tuesday 9 September 2014.

(2) Order of the day no. 1 on the Notice Paper of government business postponed, on motion of Mr Gay, until a later hour of the sitting.

13 DISABILITY INCLUSION BILL 2014

Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Ajaka: That this bill be now read a second time.

Debate resumed.

Mr Veitch moved: That the question be amended by omitting “now read a second time” and inserting instead “referred to the Standing Committee on Social Issues for inquiry and report”.

Debate continued.

2659 Legislative Council Minutes No. 209—Wednesday 13 August 2014

______

According to sessional order, proceedings interrupted at 2.30 pm for Questions. ______

14 QUESTIONS

15 PAPER—TABLED BY MINISTER

Mr Mason-Cox, according to the Trees (Disputes Between Neighbours) Act 2006, tabled a report of the Department of Attorney General and Justice entitled “Review of Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (NSW): (High hedge provisions)”, dated December 2013.

16 DISABILITY INCLUSION BILL 2014

Order of the day read for resumption of the interrupted debate of the question on the motion of Mr Ajaka: That this bill be now read a second time.

Upon which Mr Veitch has moved: That the question be amended by omitting “now read a second time” and inserting instead “referred to the Standing Committee on Social Issues for inquiry and report”.

Debate resumed.

Question put: That the amendment of Mr Veitch be agreed to.

The House divided.

Ayes 18

Ms Barham Mr Foley Mr Shoebridge Mr Buckingham Dr Kaye Mr Veitch Ms Cotsis Mr Moselmane Ms Voltz * Mr Donnelly Mr Primrose Ms Westwood Dr Faruqi Mr Searle Mr Whan Ms Fazio * Mr Secord Mr Wong

* Tellers

Noes 21

Mr Ajaka Ms Ficarra Mrs Maclaren-Jones Mr Blair Miss Gardiner Mr Mason-Cox Mr Borsak Mr Gay Mrs Mitchell Mr Brown Mr Green Revd Mr Nile Mr Clarke Mr Khan Mrs Pavey Mr Colless * Mr Lynn Mr Pearce Ms Cusack Mr MacDonald Dr Phelps *

* Tellers

Pairs

Ms Sharpe Mr Gallacher

2660 Legislative Council Minutes No. 209—Wednesday 13 August 2014

Question resolved in the negative.

Original question put and passed.

Bill read a second time.

The President left the Chair and the House sat as a committee of the whole for consideration of this bill.

The committee reported the bill with amendments.

The House adopted the report.

(With concurrence) Bill, on motion of Mr Ajaka, read a third time.

Bill forwarded to the Legislative Assembly for concurrence.

17 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—CHILD PROTECTION (OFFENDERS REGISTRATION) AMENDMENT (STATUTORY REVIEW) BILL 2014

The Deputy President (Mrs Mitchell) reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to make miscellaneous amendments to the Child Protection (Offenders Registration) Act 2000 as a result of the statutory review of that Act; and for other purposes” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 13 August 2014 Speaker

Bill, on motion of Mr Mason-Cox (on behalf of Mr Ajaka), read a first time and ordered to be printed.

Mr Mason-Cox moved, according to contingent notice: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House.

Question put and passed.

Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.

18 MUTUAL RECOGNITION (AUTOMATIC LICENSED OCCUPATIONS RECOGNITION) BILL 2014

Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Mason- Cox: That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Deputy President (Mrs Maclaren-Jones) left the Chair and the House sat as a committee of the whole for consideration of this bill.

The committee reported the bill with amendments.

2661 Legislative Council Minutes No. 209—Wednesday 13 August 2014

The House adopted the report.

(With concurrence) Bill, on motion of Mr Mason-Cox, read a third time.

Bill forwarded to the Legislative Assembly for concurrence.

19 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

The Deputy President (Mr Khan) reported the following messages from the Legislative Assembly:

(1) State Revenue Legislation Further Amendment Bill 2014

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to make miscellaneous changes to certain State revenue legislation” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 13 August 2014 Speaker

(2) Mining Amendment (Small-Scale Title Compensation) Bill 2014

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Mining Act 1992 and other legislation to provide, in respect of small-scale titles, a system for the payment of compensation to landholders, mechanisms for resolving disputes and the imposition of levies; and for other purposes” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 13 August 2014 Speaker

Leave granted for procedural motions for the first reading, printing, suspension of standing orders and fixing of sitting day for second reading to be dealt with on one motion without formalities.

Bills, on motion of Mr Ajaka, read a first time, printed, standing orders suspended on contingent notice for remaining stages and second reading of the bills set down as orders of the day for a later hour of the sitting.

20 BUSINESS POSTPONED

Order of the day no. 3 on the Notice Paper of government business postponed, on motion of Mr Ajaka, until a later hour of the sitting.

21 UNIVERSITIES LEGISLATION AMENDMENT (REGULATORY REFORMS) BILL 2014

On the order of the day being read, Ms Cusack (on behalf of Mr Ajaka) moved: That this bill be now read a second time.

Leave granted for the mover’s second reading speech to be incorporated in Hansard.

Debate ensued.

2662 Legislative Council Minutes No. 209—Wednesday 13 August 2014

Question put and passed.

Bill read a second time.

The Deputy President (Mr Khan) left the Chair and the House sat as a committee of the whole for consideration of this bill.

The committee reported the bill without amendment.

The House adopted the report.

Standing orders having been suspended Tuesday 13 May 2014—

Bill, on motion of Ms Cusack, read a third time.

Bill returned to the Legislative Assembly without amendment.

22 BUSINESS POSTPONED

Orders of the day nos 5 to 7 on the Notice Paper of government business postponed, on motion of Mr Gay, until a later hour of the sitting.

23 ROAD TRANSPORT AMENDMENT (MANDATORY ALCOHOL INTERLOCK PROGRAM) BILL 2014

On the order of the day being read, Mr Gay moved: That this bill be now read a second time.

Leave granted for the mover’s second reading speech to be incorporated in Hansard.

Debate ensued.

______

According to sessional order, proceedings interrupted at 10.00 pm for adjournment. ______

The House continued to sit. ______

Debate continued.

Question put and passed.

Bill read a second time.

The Deputy President (Mr Khan) left the Chair and the House sat as a committee of the whole for consideration of this bill.

The committee reported the bill without amendment.

The House adopted the report.

Standing orders having been suspended Tuesday 12 August 2014—

Bill, on motion of Mr Gay, read a third time.

2663 Legislative Council Minutes No. 209—Wednesday 13 August 2014

Bill returned to the Legislative Assembly without amendment.

24 ADJOURNMENT

Mr Gay moved: That this House do now adjourn.

Debate ensued.

______

Ms Cusack sought the leave of the House for Michael Josephson’s poem, entitled “What will matter”, to be incorporated in Hansard.

No objection taken.

Leave granted. ______

Debate continued.

Question put and passed.

The House adjourned at 10.52 pm until Thursday 14 August 2014 at 9.30 am.

25 ATTENDANCE

All members present, except Mr Gallacher and Ms Sharpe.

David Blunt Clerk of the Parliaments

______

Authorised by the Parliament of New South Wales