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Legislative Council 15337 LEGISLATIVE COUNCIL Tuesday 3 May 2005 ______ The President (The Hon. Dr Meredith Burgmann) took the chair at 2.30 p.m. The Clerk of the Parliaments offered the Prayers. The PRESIDENT: I acknowledge that we are meeting on Eora land. ADMINISTRATION OF THE GOVERNMENT The PRESIDENT: I report the receipt of the following message from His Excellency the Lieutenant- Governor: J. J. SPIGELMAN OFFICE OF THE GOVERNOR LIEUTENANT-GOVERNOR SYDNEY 2005 The Honourable James Jacob Spigelman, Chief Justice of New South Wales, Lieutenant-Governor of the State of New South Wales, has the honour to inform the Legislative Council that, consequent on the Governor of New South Wales, Professor Marie Bashir, being absent from the State, he has this day assumed the administration of the Government of the State. 1 May 2005 SENATE VACANCY Resignation of Senator John Tierney The PRESIDENT: I report the receipt of a message from Her Excellency the Governor transmitting a copy of a dispatch from the President of the Senate of the Commonwealth of 14 April 2005 notifying that a vacancy had happened in the representation of the State of New South Wales in the Senate through the resignation of John Tierney on 14 April 2005. Motion by the Hon. Tony Kelly agreed to: That the message be taken into consideration on the receipt by this House of a message from the Legislative Assembly dealing with the same subject. ASSENT TO BILLS Assent to the following bills reported: Civil Liability Amendment (Offender Damages) Bill Independent Commission Against Corruption Amendment Bill Road Transport (General) Bill Water Efficiency Labelling and Standards (New South Wales) Bill INDEPENDENT COMMISSION AGAINST CORRUPTION Report The President tabled, in accordance with the Independent Commission Against Corruption Act 1988, the report entitled "Report on Investigation into the Alleged Mistreatment of Nurses", dated April 2005. The President announced that, pursuant to the Act, it had been authorised that the report be made public. Ordered to be printed. 15338 LEGISLATIVE COUNCIL 3 May 2005 NSW OMBUDSMAN Report The President tabled, in accordance with the Ombudsman Act 1974, the report entitled "Working with Local Aboriginal Communities—Audit of the Implementation of the NSW Police Aboriginal Strategic Direction (2003-2006)", dated April 2005. The President announced that, pursuant to the Act, it had been authorised that the report be made public. Ordered to be printed. PHOTO CARD Production of Documents: Order Motion by Ms Lee Rhiannon agreed to: That, under Standing Order 52, there be laid upon the table of the House within 14 days of the date of the passing of this resolution all documents in the possession, custody or control of the Minister for Roads, the Attorney General, the Premier and the Roads and Traffic Authority [RTA], in relation to the views of Privacy NSW or the Acting Privacy Commissioner about the proposal to introduce a photographic card for people without drivers licences, including: (a) any briefing documents from the Acting Privacy Commissioner or staff of Privacy NSW which provide notes, comment, opinion, advice, expression of concern, opposition to or support for the proposal, between 30 October 2003 and 6 April 2005, (b) any correspondence, including faxes and emails, between the Acting Privacy Commissioner or staff of Privacy NSW and the RTA, Attorney General, Premier or Minister for Roads, between 30 October 2003 and 6 April 2005, and (c) any document which records or refers to the production of documents as a result of this order of the House. TABLING OF PAPERS NOT ORDERED TO BE PRINTED The Hon. John Hatzistergos tabled, pursuant to Standing Order 59, a list of all papers tabled and not ordered to be printed in the previous month. BRIGALOW BELT SOUTH BIOREGION Production of Documents: Return to Order The Clerk tabled, pursuant to the resolution of 6 April 2005, documents relating to the Sinclair reports concerning the Brigalow Belt South Bioregion received on 13 April 2005 from the Director-General of the Premier's Department, together with an indexed list of the documents. GENERAL PURPOSE STANDING COMMITTEE NO. 5 Report: Budget Estimates 2004-2005 The Clerk announced, pursuant to standing orders, the receipt of report No. 23, entitled "Budget Estimates 2004-2005", dated April 2005, together with transcripts of evidence, tabled documents, correspondence and answers to questions taken on notice. The Clerk announced further that, pursuant to standing orders, it had been authorised that the report be printed. Mr IAN COHEN [2.34 p.m.]: I move: That the House take note of the report. Debate adjourned on motion by Mr Ian Cohen. 3 May 2005 LEGISLATIVE COUNCIL 15339 LEGISLATION REVIEW COMMITTEE Report The Clerk announced, pursuant to the Legislation Review Act 1987, the receipt of the report entitled "Legislation Review Digest No. 5 of 2005", dated 2 May 2005. The Clerk announced further that, pursuant to the Act, it had been authorised that the report be printed. PETITIONS Crown Land Leases Petitions requesting the withdrawal of changes to the rental structure of Crown land leases, particularly enclosed road permits, received from the Hon. Patricia Forsythe and the Hon. Duncan Gay. Unborn Child Protection Petitions requesting legislation to protect foetuses of 20 weeks gestation and to make resources available for post-abortion follow-up, received from the Hon. David Clarke, the Hon. Greg Donnelly, Reverend the Hon. Dr Gordon Moyes, Reverend the Hon. Fred Nile, the Hon. Melinda Pavey and the Hon. Greg Pearce. Freedom of Religion Petition praying that the House reject legislative proposals that would detract from the exercise of freedom of religion and the employment of persons whose beliefs and lifestyle are consistent with religious doctrine and values, and retain the existing exemptions applying to religious bodies in the Anti-Discrimination Act, received from Reverend the Hon. Dr Gordon Moyes. Anti-Discrimination (Religious Tolerance) Legislation Petitions opposing the proposed anti-discrimination (religious tolerance) legislation, received from the Hon. Patricia Forsythe, Reverend the Hon. Dr Gordon Moyes, Reverend the Hon. Fred Nile and the Hon. Greg Pearce. Clothing Industry Worker and Employer Protection Petition opposing exploitation of clothing industry workers, and requesting protection of small clothing businesses, received from the Hon. Dr Peter Wong. Marriage Petition opposing any legislative changes that would violate the basic principles of marriage, received from Reverend the Hon. Fred Nile. BUSINESS OF THE HOUSE Withdrawal of Business Private Members' Business item No. 7 in the Order of Precedence withdrawn by the Hon. Tony Catanzariti. Private Members' Business items Nos 74, 97 and 127 outside the Order of Precedence withdrawn by Ms Lee Rhiannon. BUSINESS OF THE HOUSE Postponement of Business Government Business Order of the Day No. 1 postponed on motion by the Hon. Tony Kelly. 15340 LEGISLATIVE COUNCIL 3 May 2005 SENATE VACANCY Joint Sitting The PRESIDENT: I report the receipt of the following message from the Legislative Assembly: MADAM PRESIDENT The Legislative Assembly informs the Legislative Council that it has this day agreed to the following resolution: The Legislative Assembly has resolved to meet the Legislative Council for the purpose of sitting and voting together to choose a person to hold the place in the Senate rendered vacant by the resignation of Senator John Tierney and requests the Legislative Council to name the place and hour for such sitting. Legislative Assembly JOHN AQUILINA 3 May 2005 Speaker Motion, by leave, by the Hon. Tony Kelly agreed to: That standing orders be suspended to allow the message from the Legislative Assembly relating to a joint sitting to fill a vacancy to be considered forthwith. Motion by the Hon. Tony Kelly agreed to: That this House agrees to meet with the Legislative Assembly for the purpose of sitting and voting together to choose a person to hold the place in the Senate rendered vacant by the resignation of Senator John Tierney in the Legislative Council Chamber on Thursday 5 May 2005 at 4.00 p.m. Message forwarded to the Legislative Assembly advising it of the resolution. CRIMES AMENDMENT (GRIEVOUS BODILY HARM) BILL Second Reading The Hon. JOHN HATZISTERGOS (Minister for Justice, Minister for Fair Trading, Minister Assisting the Minister for Commerce, and Minister Assisting the Premier on Citizenship) [2.59 p.m.]: I move: That this bill be now read a second time. I seek leave to have the second reading speech incorporated in Hansard. Leave granted. The Government is pleased to introduce the Crimes Amendment (Grievous Bodily Harm) Bill. This Bill proposes an amendment to the Crimes Act 1900 to ensure that offences under that Act relating to the infliction of grievous bodily harm extend to the destruction by a person of the foetus of a pregnant woman. The very tragic case involving the death of Renee Shields' unborn child, Byron, highlighted a deficiency in the law in relation to the charging of offenders. The Attorney General commissioned a retired judge, the Honourable Mervyn Finlay, to look at the distressing and difficult issues raised when a criminal act against the mother of an unborn child results in the death of that child. Many people and organisations, including Ms Shields, wrote submissions to the Finlay review. Ms Shields' moving submission expressed the hope that an amendment to the legislation acknowledging unborn children would make the incomprehensible a little easier to handle. In the meantime, another tragic case came before the courts, that of Kylie Flick, who lost her unborn child as the result of an assault by Phillip King, the father of her child. The King case proceeded through the courts and resulted in the Court of Criminal Appeal finding, in December 2003, that the close physical connection between a pregnant woman and her unborn child means that the loss of that child can constitute grievous bodily harm to the pregnant woman, even in the absence of other injury to her.
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