Legislative Council
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619 LEGISLATIVE COUNCIL Tuesday 20 May 2003 ______ The President (The Hon. Dr Meredith Burgmann) took the chair at 2.30 p.m. The President offered the Prayers. The PRESIDENT: I acknowledge that we are meeting on Eora land. RURAL LANDS PROTECTION AMENDMENT BILL Bill received and read a first time. Motion by the Hon. Ian Macdonald agreed to: That standing and sessional 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. Second reading to stand as an order of the day. INDEPENDENT COMMISSION AGAINST CORRUPTION Report The President announced the receipt, pursuant to the Independent Commission Against Corruption Act 1988, of the report entitled "Investigation into handling of applications for public housing by an officer of the Department of Housing", dated May 2003. The President announced that, pursuant to the Act, she had authorised that the report be made public. TABLING OF PAPERS The Hon. John Hatzistergos tabled the following papers: Snowy Hydro Corporatisation Act 1997—Consolidated financial report of Snowy Hydro Limited for the period 27 June 2001 to 28 June 2002 State Owned Corporations Act 1989—Report of Superannuation Administration Corporation (trading as Pillar Administration) for the six months ended 31 December 2002 Youth Advisory Council Act 1989—Report of New South Wales Youth Advisory Council for 2002 Ordered to be printed. AUDIT OFFICE Report The Clerk announced the receipt, pursuant to the Public Finance and Audit Act 1983, of a performance audit report entitled "Department of Education and Training—Managing Teacher Performance", dated May 2003. The Clerk announced that, pursuant to the Act, he had authorised that the report be printed. PETITIONS Family Rights and Responsibilities Petition praying that the House respect the rights and responsibilities of parents by taking stronger action against child abuse and rejecting increased control of use by parents of corporal discipline in the home, received from Reverend the Hon. Fred Nile. 620 LEGISLATIVE COUNCIL 20 May 2003 PARLIAMENTARY SECRETARIES The Hon. MICHAEL EGAN (Treasurer, Minister for State Development, and Vice-President of the Executive Council) [2.40 p.m.]: I inform the House that on 8 May 2003 the following persons were appointed as Parliamentary Secretaries: Miss Cherie Burton, MP, Parliamentary Secretary to the Premier and the Minister for Health Mr Bryce Gaudry, MP, Parliamentary Secretary to the Deputy Premier, Minister for Education and Training, and Minister for Aboriginal Affairs Ms Alison Megarrity, MP, Parliamentary Secretary to the Minister for Infrastructure and Planning, and Minister for Natural Resources Mr Neville Newell, MP, Parliamentary Secretary to the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands) Mr Anthony Stewart, MP, Parliamentary Secretary to the Minister for Roads, and Minister for Housing Mr Joseph Tripodi, MP, Parliamentary Secretary to the Minister for Transport Services The Hon. Henry Tsang, MLC, Parliamentary Secretary to the Premier on Trade and Investment, and Assisting the Minister for State Development Mr Graham West, MP, Parliamentary Secretary to the Treasurer, and Minister for State Development. JOINT PARLIAMENTARY COMMITTEES Membership The PRESIDENT: Order! I inform the House that the Clerk has received the following nominations for membership of committees according to resolutions adopted by the House on Wednesday 7 May 2003: Joint Committee on Children and Young People Opposition member: Ms Pavey Crossbench member: Ms Hale Joint Committee on the Health Care Complaints Commission Opposition member: Mr Clarke Crossbench member: Dr Wong Joint Committee on the Office of the Ombudsman and the Police Integrity Commission Opposition member: Mr Clarke Crossbench member: Mr Breen Joint Legislation Review Committee Opposition member: Mr Harwin Crossbench member: Mr Breen Joint Committee on the Independent Commission Against Corruption Opposition member: Miss Gardiner Message forwarded to the Legislative Assembly advising it of the resolutions and the membership of the committees. JOINT COMMITTEE ON THE INDEPENDENT COMMISSION AGAINST CORRUPTION Membership The PRESIDENT: According to paragraph 3 of the resolution of 7 May 2003 establishing the Committee on the Independent Commission Against Corruption, I advise that the crossbench members have not reached agreement about representation on this committee. 20 May 2003 LEGISLATIVE COUNCIL 621 The Hon. Malcolm Jones: I wish to withdraw my nomination to the Committee on the Independent Commission Against Corruption. The PRESIDENT: In view of the fact that the Hon. Malcolm Jones has withdrawn his nomination, I announce that Reverend the Hon. Fred Nile will be the crossbench member of that committee. Message forwarded to the Legislative Assembly advising it of the resolutions and the membership of the committees. SESSIONAL ORDERS Passage of Government Bills The Hon. MALCOLM JONES [2.45 p.m.]: I move: That, during the present session and notwithstanding anything contained in the standing or sessional orders, and unless otherwise ordered, the following procedures apply to the passage of Government bills: 1. Where a bill is introduced by a Minister, or is received from the Legislative Assembly: (a) after 24 June 2003 (Budget Session), debate on the motion for the second reading is to be adjourned at the conclusion of the speech of the Minister moving the motion, and the resumption of the debate is to be made an order of the day for the first sitting day after the winter recess. (b) after 18 November 2003 (Spring Session) debate on the motion for the second reading is to be adjourned at the conclusion of the speech of the Minister moving the motion, and the resumption of the debate is to be made an order of the day for the first sitting day in 2004. 2. However, if after the first reading a Minister declares a bill to be an urgent bill and copies have been circulated to members, the question "That the bill be considered an urgent bill" is to be decided without amendment or debate, except a statement not exceeding 10 minutes each by a Minister and the Leader of the Opposition, or a member nominated by the Leader of the Opposition, and one crossbench member. If that question is agreed to, the second reading debate and subsequent stages may proceed forthwith or at any time during any sitting of the House. This motion is identical to one I moved in this place during 2002, except for the dates by which the bills have to be submitted. For the benefit of new honourable members, who were not present then, the reason for the motion is to enable honourable members to have adequate time to read bills and to have due consideration of them prior to the end of a session. Prior to 2002 a logjam inevitably occurred at the end of each session. A logjam may still develop at the end of each session, but my motion enables a degree of time for honourable members to consider bills. My motion has received some rather harsh criticism. One critic was the former member for Strathfield in the other place, who blamed our late-night sitting at the end of the last session on the existence of a similar motion. However, he omitted to say that the sitting actually finished a day early; and that rather negates his point. This is a straightforward motion that has been before the House previously. I commend it to the House. Reverend the Hon. FRED NILE [2.48 p.m.]: The motion moved during the last session of last year seemed to work in a positive way. I gather that the Government's main opposition to this motion is that it is not necessary and that the Government will introduce bills early enough for the House to consider them. The motion guarantees that that will happen and encourages Ministers to make sure that bureaucrats meet the deadlines so the House has adequate time to consider all bills. The Christian Democratic Party supports the motion. The Hon. JOHN HATZISTERGOS (Minister for Justice, and Minister Assisting the Premier on Citizenship) [2.48 p.m.]: The Government opposes the motion for reasons similar to those given in March last year by my colleague the Minister for Agriculture and Fisheries. The Government believes that the motion is unnecessary. The Hon. MICHAEL GALLACHER (Leader of the Opposition) [2.49 p.m.]: For the reasons that the Opposition gave in a similar debate during the last parliamentary session, we are prepared to support the motion moved by the Hon. Malcolm Jones. The rationale for this motion might not be perfect and some honourable members might have concerns about certain aspects of it. However, all honourable members would be aware of the annual logjam of legislation at the end of our parliamentary sessions when the Government forces bills through this House, thus denying us our ability to perform as a House of review. It was for that reason that the Hon. Malcolm Jones moved a similar motion during the last session of the previous Parliament. As I said earlier, 622 LEGISLATIVE COUNCIL 20 May 2003 I am sure that some honourable members might be concerned about various aspects of this motion. Aspects that relate to the operation of the Legislative Council can be redetermined, finetuned and modified at a later date, just as we finetune and modify sessional orders if they are ineffectual or are being abused. Nothing in this motion will be enshrined in stone. The Opposition is pleased to support the motion moved earlier by the Hon. Malcolm Jones. The concept of the motion is good; it is just a shame that we have to force the Government into agreeing to such a principle. The Hon. Dr ARTHUR CHESTERFIELD-EVANS [2.51 p.m.]: I support the motion moved by the Hon.