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Legislative Council 3214 LEGISLATIVE COUNCIL Thursday 23 June 2011 __________ The President (The Hon. Donald Thomas Harwin) took the chair at 9.30 a.m. The President read the Prayers. LEGISLATIVE COUNCIL VACANCY Election of Steven James Robert Whan The PRESIDENT: At a joint sitting held on 20 June 2011, Steven James Robert Whan was elected to fill the vacancy in the Legislative Council caused by the resignation of the Hon. Anthony Bernard Kelly. PLEDGE OF LOYALTY The Hon. Steven James Robert Whan took and subscribed the pledge of loyalty and signed the roll. BUSINESS OF THE HOUSE Formal Business Notices of Motions Private Members' Business item No. 24 outside the Order of Precedence objected to as being taken as formal business. CANCER COUNCIL NEW SOUTH WALES Motion by the Hon. Marie Ficarra agreed to: 1. That this House notes that the Cancer Council NSW: (a) invested $750,000 in patient accommodation services for Lismore and Orange in 2009-2010, adding to its existing support for accommodation facilities in Wagga Wagga, Coffs Harbour, Port Macquarie and Penrith, (b) invested $17 million in 2010-2011 in cancer research, adding to its five year total of $63 million between 2005 and 2010, (c) introduced New South Wales' SunSmart Early Childhood program, from which 97,500 children now benefit from all five forms of sun protection while in childcare, (d) recruited almost 33,000 people into research studies, providing insights into the causes and patterns of cancer in New South Wales, (e) developed an award winning sun protection campaign for youth, SunSound, where a short catchy jingle is played at regular intervals at beaches and other outdoor venues, prompting young people to protect themselves from the sun, (f) maintained its five year program, Tackling Tobacco, addressing the unacceptably high smoking rates in disadvantaged populations, through which the Cancer Council NSW distributed 20 grants over the past four years to community service organisations to help them implement initiatives to support their clients to quit smoking, (g) initiated a pilot program in the Hunter to encourage fruit and vegetable consumption in families of young children and trained local community facilitators to run community sessions on boosting fruit and vegetables in families on a budget, (h) established a Legal and Financial Planning Referral Service to connect cancer patients in need of legal and financial advice with pro bono firms, 23 June 2011 LEGISLATIVE COUNCIL 3215 (i) together with the Aboriginal Health and Medical Research Council, developed an easy-to-read information booklet for Aboriginal people affected by cancer which gives voice to the experiences of Aboriginal people and uses a story telling format to reflect the oral tradition of Aboriginal communities, and (j) maintained its Cancer Council Helpline providing cancer information and psychosocial support to cancer patients and carers, acting as a referral point for those who need counselling, practical support, financial assistance, peer support or other services. 2. That this House: (a) recognises that the Biggest Morning Tea campaign takes place in May, and thanks all those who have contributed, particularly those that attended the New South Wales Parliament's High Tea on 25 May 2011, and (b) congratulates the Cancer Council NSW CEO, Dr Andrew Penman AM, Dr Anita Tang and their staff for their excellent work. ABORIGINAL HERITAGE SITES Motion by Mr David Shoebridge agreed to: 1. That this House notes that: (a) approximately one year ago, a fast food restaurant costing $2.5 million was built in Hunter Street, Newcastle West, over one of the most significant Aboriginal heritage sites in New South Wales, (b) the excavation report for this site was not released until one month ago, almost a year after the restaurant was built, thus making its assessment of the heritage impact of the development redundant, (c) the excavation report found the site to be of "high to exceptional cultural and scientific significance" and should have been available before the restaurant was built so as to justify retention of the site as a State significant site of Aboriginal cultural heritage, (d) the site contained a significant number of artefacts, including ancient Aboriginal stone tools with unique stonework and campsite remains, which are over 6,000 years old, evidence of some of the earliest human settlement in the Newcastle area, (e) the site also included a large array of colonial era artefacts, (f) under the previous Government Aboriginal Heritage Impact Permits, which effectively are permits to destroy Aboriginal heritage sites, were given at the rate of approximately five per week, (g) members of the local Awabakal people have stated that the final excavation report "highlighted the lack of rigour in the State Government's assessment of Aboriginal heritage", and (h) no acceptable plan has been made for the retention and display of these unique artefacts in the local region. 2. That this House: (a) recognises the irreplaceable nature of this State's Aboriginal heritage and the value of Aboriginal artefacts, (b) acknowledges the tragic loss of Aboriginal heritage that this development has created, and (c) calls on the Government to review the failings in the current Aboriginal heritage protection regime and consider measures to ensure that a similar tragedy does not occur in the future. GREEN BANS FORTIETH ANNIVERSARY Motion by Mr David Shoebridge agreed to: 1. That this House notes that: (a) green bans are one of the uniquely Australian contributions to the international workers' movement, (b) the first green ban was imposed at Hunters Hill where the Building Workers' Industrial Union helped save one of the last remaining areas of bushland on the Parramatta River which was threatened by development, (c) green bans have been instrumental in saving diverse areas of heritage, including in Glebe, The Rocks, Woolloomooloo and Newcastle East End, (d) the green ban movement has been responsible for the modification of plans that would have adverse heritage and environmental outcomes for Centennial Park, where McDonalds wanted to build a fast food outlet, the refurbishment and extension of the Sydney Conservatorium of Music and the historical Museum of Contemporary Art, and (e) recent green bans have included action to prevent the sell-off of foreshore land at Pyrmont Point for development, and the return to community ownership of the Seaforth TAFE site. 3216 LEGISLATIVE COUNCIL 23 June 2011 2. That this House: (a) recognises the important contribution the green ban movement has made over 40 years to the preservation of the physical and natural history and culture of this State, and (b) acknowledges the significance of 16 June 2011 as the fortieth anniversary of the green ban movement in Australia. KFC RESTAURANT, NEWCASTLE Production of Documents: Order Motion by Mr David Shoebridge 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 the following documents in the possession, custody or control of the Minister for Heritage and the Minister for the Environment, or the Department of Premier and Cabinet, relating to the development of the KFC restaurant at 227-231 Hunter Street, Newcastle, including the former Palais site, and any document which records or refers to the production of documents as a result of this order of the House. BUSINESS OF THE HOUSE Formal Business Notices of Motions Private Members' Business item No. 116 outside the Order of Precedence objected to as being taken as formal business. TRIBUTE TO BOB FENWICK Motion by the Hon. Amanda Fazio agreed to: 1. That this House notes that: (a) on 5 January 2011, Mr Bob Fenwick, a highly experienced and dedicated psychiatric nurse, was murdered by a patient whilst coming to the defence of a colleague who was being attacked at Bloomfield Hospital, Orange. (b) Mr Fenwick was a passionate advocate for his patients and consistently supported his colleagues, particularly junior mental health nurses, and (c) the Department of Health has established the Bob Fenwick Memorial Mentoring Program which will fund up to 20 individuals to a total of $80,000 to encourage mental health nurses to take on a mentoring role. 2. That this House expresses sympathy to the family, colleagues and friends, fellow members of the NSW Nurses Association and patients of Mr Bob Fenwick on the loss of such a highly respected psychiatric nurse. BUSINESS OF THE HOUSE Formal Business Notices of Motions Private Members' Business item No. 143 outside the Order of Precedence objected to as being taken as formal business. Private Members' Business item No. 144 outside the Order of Precedence objected to as being taken as formal business. SYRIA Motion moved by Dr John Kaye agreed to: 1. That this House notes that: (a) the Syrian people are exercising their fundamental human right to protest against the ruling regime and its repression of civil society, (b) the regime of President Bashar al-Asad has responded with unconscionable savagery in an attempt to suppress the nation's democracy movement, 23 June 2011 LEGISLATIVE COUNCIL 3217 (c) since March 2011, more than 1,200 people have been killed by forces supporting the regime and thousands more have been detained for exercising their right to protest, (d) according to eyewitnesses and images broadcast by major networks, many detained people have been subjected to torture and abuse, (e) more than 17 people are known to have died under torture including at least
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