1969
LEGISLATIVE COUNCIL
MINUTES OF PROCEEDINGS
No. 163
WEDNESDAY 11 SEPTEMBER 2013
Contents
1 Meeting of the House ...... 1970 2 Messages from the Legislative Assembly ...... 1970 (1) Crimes Amendment (Terrorism) Bill 2013 ...... 1970 (2) Parliamentary Committee Membership ...... 1970 3 Aboriginal Land Rights Amendment Bill 2013 (Formal Business) ...... 1971 4 NSW Human Rights Award winner Mr Andrew Penfold (Formal Business) ...... 1971 5 Select Committee on the agistment of horses at Yaralla Estate—Extension of reporting date (Formal Business) ...... 1972 6 Australian Diabetes Council’s ‘Buzz Month’ (Formal Business) ...... 1972 7 White Balloon Day (Formal Business) ...... 1973 8 Burgess family (Formal Business) ...... 1974 9 Unproclaimed Legislation ...... 1974 10 Notices of Motions ...... 1975 11 Notice of Motion Withdrawn ...... 1975 12 Procedure Committee—Extension of reporting date...... 1975 13 Crimes Amendment (Terrorism) Bill 2013 ...... 1975 14 Security Industry Amendment (Licences) Bill 2013 ...... 1975 15 Hunters Hill Congregational Church Property Trust Bill 2013 ...... 1976 16 Message from the Legislative Assembly—Royal Commissions and Ombudsman Legislation Amendment Bill 2013 ...... 1976 17 Questions ...... 1976 18 Message from the Legislative Assembly—State Authorities Non-contributory Superannuation Amendment Bill 2013 ...... 1977 19 Royal Commissions and Ombudsman Legislation Amendment Bill 2013 ...... 1977 20 Entertainment Industry Bill 2013 ...... 1977 21 State Authorities Non-contributory Superannuation Amendment Bill 2013 ...... 1978 22 Adjournment ...... 1978 23 Attendance ...... 1978
1970 Legislative Council Minutes No. 163—Wednesday 11 September 2013
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 MESSAGES FROM THE LEGISLATIVE ASSEMBLY
The President reported the following message from the Legislative Assembly:
(1) Crimes Amendment (Terrorism) Bill 2013
Mr PRESIDENT
The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Crimes Act 1900 in relation to terrorism” presents the bill to the Legislative Council for its concurrence.
Legislative Assembly SHELLEY HANCOCK 10 September 2013 Speaker
Bill, on motion of Mr Gallacher, read a first time and ordered to be printed.
Mr Gallacher 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.
The President further reported the following message from the Legislative Assembly:
(2) Parliamentary Committee Membership
Mr PRESIDENT
The Legislative Assembly has this day agreed to the following resolution:
That:
(1) Christopher David Holstein be appointed to the Joint Standing Committee on Road Safety in place of Stuart Lawrence Ayres, discharged.
(2) Pursuant to section 66 of the Independent Commission Against Corruption Act 1988, Dominic Francis Perrottet be appointed to serve on the Committee on the Independent Commission Against Corruption in place of Mark Raymond Speakman.
(3) Pursuant to the resolution of 15 August 2013, Melanie Rhonda Gibbons is nominated as a member of the Joint Select Committee on Sentencing of Child Sexual Assault Offenders in place of Gabrielle Cecelia Upton.
(4) A message be sent informing the Legislative Council of the Legislative Assembly members appointed to the committees.
Legislative Assembly SHELLEY HANCOCK 10 September 2013 Speaker
1971 Legislative Council Minutes No. 163—Wednesday 11 September 2013
3 ABORIGINAL LAND RIGHTS AMENDMENT BILL 2013 (Formal Business)
Mr Ajaka moved: That this bill be now read a third time.
Question put and passed.
Bill read a third time.
Bill returned to the Legislative Assembly with the following amendments in which the concurrence of the Legislative Assembly was requested.
ABORIGINAL LAND RIGHTS AMENDMENT BILL 2013 ______
Schedule of the amendments referred to in the Legislative Council’s message of 11 September 2013.
No. 1 Page 2, clause 2 (2), lines 7 and 8. Omit all words on those lines. Insert instead: (2) The amendment of section 63, and the repeal of sections 162 (3) and 163, of the Aboriginal Land Rights Act 1983 by this Act commence on 1 January 2014. No. 2 Page 4, Schedule 1 [12], lines 25–30. Omit all words on those lines. No. 3 Page 5, Schedule 1 [15]. Insert after line 25: (2B) A person may nominate another person to stand for election as a Board member of a Local Aboriginal Land Council if, at the time of the nomination, all of the following apply to the person: (a) the person is a voting member of the Council, and (b) the person is not suspended from membership of the Council, and (c) the person has attended at least 2 meetings of the Council in the last 12 months. No. 4 Page 10, Schedule 1 [40], proposed section 144 (2), lines 5 and 6. Omit “or an officer of a Local Aboriginal Land Council”. No. 5 Page 10, Schedule 1 [40], proposed section 144 (2), line 8. Omit “or officer”.
4 NSW HUMAN RIGHTS AWARD WINNER MR ANDREW PENFOLD (Formal Business)
Ms Ficarra moved, according to notice:
1. That this House notes that:
(a) on Thursday, 22 August 2013, the Honourable Barry O’Farrell MP, Premier, announced Mr Andrew Penfold, founder of the Australian Indigenous Education Foundation, as the inaugural winner of the NSW Human Rights Award at a ceremony at Parliament House,
(b) Mr. Penfold has raised $800 million over the past decade to allow more than 500 Aboriginal students an opportunity to study at non-government schools,
(c) the judging panel unanimously agreed to award Mr. Penfold the inaugural NSW Human Rights Award in recognition and celebration of his efforts to advocate justice, dignity and equality of opportunity in Australia, and his commitment to education as a human right,
1972 Legislative Council Minutes No. 163—Wednesday 11 September 2013
(d) reception of the NSW Human Rights Award medal appoints Mr Penfold as the NSW Human Rights Ambassador for 12 months, during which time he may promote human rights issues, as such, at events, schools and conferences,
(e) also attending the awards ceremony were Holocaust survivor Mr Ervin Forrester, and the Honourable Victor Dominello MP, Minister for Citizenship and Communities,
(f) the NSW Human Rights Award is aimed at recognising and celebrating those in society who go above and beyond to promote and implement the recognition of human rights, and
(g) the NSW Human Rights Award will be awarded annually from 2013, and was established in memory of Swedish diplomat, Mr Raoul Wallenberg, who single-handedly saved thousands of lives during the Holocaust.
2. That this House:
(a) acknowledges and commends Mr Andrew Penfold as the NSW Human Rights Ambassador, and inaugural winner of the NSW Human Rights Award,
(b) recognises the immense efforts of Mr Andrew Penfold in promoting and providing education as a human right for the Australian Aboriginals and Torres Strait Islanders, and
(c) recognises the establishment of the NSW Human Rights Award as an instrument to recognise deserving and exceptional people in society.
Question put and passed.
5 SELECT COMMITTEE ON THE AGISTMENT OF HORSES AT YARALLA ESTATE— EXTENSION OF REPORTING DATE (Formal Business)
Mr Borsak moved, according to notice: That the reporting date for the Select Committee on the agistment of horses at Yaralla Estate be extended to Tuesday 15 October 2013.
Question put and passed.
6 AUSTRALIAN DIABETES COUNCIL’S ‘BUZZ MONTH’ (Formal Business)
Ms Ficarra moved, according to notice:
1. That this House notes that:
(a) the month of September is the Australian Diabetes Council’s ‘Buzz Month’, a state-wide campaign run with a view to raising awareness of type 1 diabetes and making a positive difference in the lives of people with the disease,
(b) ‘Buzz Month’ activities culminate on ‘Buzz Day’, Friday 20 September, where volunteers will collect donations and sell ‘Buzz Merchandise’ such as Buzz Bears, pens and pins on the streets, select train stations, ferry wharves and shopping centres, and
(c) anyone can donate or buy throughout the month, such as at the Australian Diabetes Council’s supporters Best & Less and Blooms Chemists.
2. That this House acknowledges that:
1973 Legislative Council Minutes No. 163—Wednesday 11 September 2013
(a) type 1 diabetes is an incurable genetic autoimmune disease that must be managed with insulin injections daily and self-finger prick blood glucose monitoring,
(b) type 1 diabetes is mostly diagnosed in children and accounts for 10 to 15 per cent of all diabetes cases, numbering in nearly 120,000 affected Australians, and
(c) by the age of 25, a child diagnosed with type 1 diabetes will have undergone: (i) 60,000 finger pricks drawing blood each time, (ii) 30,000 insulin injections, (iii) 40 hospitalisations, (iv) 80 specialist visits, (v) 237,000 units of insulin.
3. That this House:
(a) supports ‘Buzz Month’,
(b) commends the indefatigable efforts of the Australian Diabetes Council in raising awareness of type 1 diabetes, collecting funds to aid in finding a cure, and for supporting Australians with the disease, and
(c) commends every Australian business and private citizen that supports ‘Buzz Month’.
Question put and passed.
7 WHITE BALLOON DAY (Formal Business)
Mr Lynn moved, according to notice: That this House notes that:
(a) on Friday 6 September 2013, national child protection advocate Bravehearts hosted its annual White Balloon Day,
(b) White Balloon Day is specifically identified as a program to be supported by the Commonwealth and its Council of Australian Governments partners through Outcome Six of the National Framework for the Protection of Australia’s Children 2009 to 2020,
(c) statistically, one in five children will be sexually assaulted before the age of 18,
(d) Bravehearts’ vision is to make Australia the safest place in the world to raise a child,
(e) part of Bravehearts’ success is raising community awareness of this issue and funds to further education and counselling programs through their annual White Balloon Day campaign,
(f) this year, Bravehearts hopes to raise $500,000,
(g) members of Parliament will have the opportunity to support Bravehearts through the Friends of Bravehearts cocktail function on Wednesday 11 September 2013, hosted by the Member for Kiama, Mr Gareth Ward MP, and
(h) more official events can be found on the whiteballoonday.com.au website.
Question put and passed.
1974 Legislative Council Minutes No. 163—Wednesday 11 September 2013
8 BURGESS FAMILY (Formal Business)
Ms Ficarra moved, according to notice:
1. That this House notes that:
(a) on 30 August 2013, South Sydney Rabbitohs National Rugby League coach, Michael Maguire, named all four Burgess brothers, being Luke, Sam, George and Thomas, to play against Wests, thus becoming the first family of four brothers to play first grade during the same match in 103 years, since Roy, Ray, Rex and Bernard Norman played in a match together in 1910,
(b) at 26, Luke Burgess is the eldest of the Burgess brothers, has been honoured with selection in the England squad in 2012, and has previously played for Dewsbury Moor Amateur Rugby League Football Club, Harlequins, Leeds Rhinos and debuted in the Australian National Rugby League in the Rabbitohs vs Sharks game on 3 July 2011,
(c) Sam Burgess, 24, has played 13 Tests for Great Britain and England (2007-10), one game for National Rugby League All Stars (2010), one game for Northern Union (2007) and has previously played for Dewsbury Moor, Bradford Bulls and debuted in the Australian National Rugby League Rabbitohs vs Roosters on 14 March 2010,
(d) of twin brothers Thomas and George Burgess, both 21: (i) Thomas has played two games for England Knights (2012) and previously played for Dewsbury Moor and Bradford and debuted in the Australian NRL Rabbitohs vs Eels on 23 June 2013, (ii) George Burgess has played two games for England Knights (2012) and has also played for Dewsbury Moor, Bradford and debuted in the Australian NRL Rabbitohs vs Bulldogs 2 June 2012,
(e) all Burgess brothers have followed in the footsteps of their beloved late father, Mark Burgess, who sadly passed away in 2007, and himself was a highly respected rugby league player for Nottingham City, Rochdale, Dewsbury and Hunslet,
(f) together with their mother, Mrs Julie Burgess, who has played Rugby League herself, the family courageously looked after their husband and father, Mark while he had Motor Neurone Disease (MN),
(g) Mrs Julie Burgess, who came to Australia last Christmas, has been inspirational as a mother and highly qualified teacher, working as the Assistant Headmistress of a Yorkshire high school while looking after her ill husband and also working for her family and supporting the boys throughout their footballing careers, and
(h) all members of the Burgess family have actively contributed to charitable activities, with Sam particularly supporting the Save Our Sons Charity and the other boys also going into schools to mentor and inspire students.
2. That this House congratulates and commends the Burgess brothers on making Rugby League history in being the first four brothers in 103 years to play first grade Rugby League in the same game, and extends its best wishes to the Burgess family for continued success.
Question put and passed.
9 UNPROCLAIMED LEGISLATION
According to standing order, Mr Ajaka tabled a list of unproclaimed legislation as at 10 September 2013.
1975 Legislative Council Minutes No. 163—Wednesday 11 September 2013
10 NOTICES OF MOTIONS
11 NOTICE OF MOTION WITHDRAWN
Revd Mr Nile withdrew private members’ business item no. 1456 outside the order of precedence on the Notice Paper for today relating to the International Civil Aviation Organisation.
12 PROCEDURE COMMITTEE—EXTENSION OF REPORTING DATE
Mr Gay moved, according to notice: That the reporting date for the Procedure Committee’s inquiry into the regulation of the consumption of alcohol by members during sittings of the House be extended to Wednesday 27 November 2013.
Question put and passed.
13 CRIMES AMENDMENT (TERRORISM) BILL 2013
On the order of the day being read, Mr Clarke (on behalf of Mr Gallacher) moved: That this bill be now read a second time.
Debate ensued.
Question put and passed.
Bill read a second time.
Leave granted to proceed to the third reading of the bill forthwith.
Standing orders having been suspended this day—
Bill, on motion of Mr Clarke, read a third time.
Bill returned to the Legislative Assembly without amendment.
14 SECURITY INDUSTRY AMENDMENT (LICENCES) BILL 2013
Order of the day read for resumption of the interrupted debate of the question on the motion of Mr Gallacher: That this bill be now read a second time.
Debate resumed.
Question put and passed.
Bill read a second time.
Leave granted to proceed to the third reading of the bill forthwith.
Standing orders having been suspended Tuesday 20 August 2013—
Bill, on motion of Mr Gallacher, read a third time.
Bill returned to the Legislative Assembly without amendment.
1976 Legislative Council Minutes No. 163—Wednesday 11 September 2013
15 HUNTERS HILL CONGREGATIONAL CHURCH PROPERTY TRUST BILL 2013
On the order of the day being read, Mr Clarke (on behalf of Mr Gallacher) moved: That this bill be now read a second time.
Debate ensued.
Question put and passed.
Bill read a second time.
Leave granted to proceed to the third reading of the bill forthwith.
Standing orders having been suspended Tuesday 10 September 2013—
Bill, on motion of Mr Clarke, read a third time.
Bill returned to the Legislative Assembly without amendment.
16 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—ROYAL COMMISSIONS AND OMBUDSMAN LEGISLATION AMENDMENT BILL 2013
The Assistant President 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 amend the Royal Commissions Act 1923 and the Children and Young Persons (Care and Protection) Act 1998 with respect to disclosures to a Royal Commission; to amend the Ombudsman Act 1974 and the Police Act 1990 with respect to disclosures for the purposes of legal proceedings; and for other purposes” presents the bill to the Legislative Council for its concurrence.
Legislative Assembly SHELLEY HANCOCK 11 September 2013 Speaker
Bill, on motion of Mr Clarke (on behalf of Mr Gallacher), read a first time and ordered to be printed.
Mr Clarke 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.
Mr Clarke then 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 2.30 pm for Questions. ______
17 QUESTIONS
1977 Legislative Council Minutes No. 163—Wednesday 11 September 2013
18 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—STATE AUTHORITIES NON- CONTRIBUTORY SUPERANNUATION AMENDMENT BILL 2013
The President 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 amend the State Authorities Non-contributory Superannuation Act 1987 and the First State Superannuation Act 1992 in relation to superannuation contributions to be made by employers under those Acts” presents the bill to the Legislative Council for its concurrence.
Legislative Assembly SHELLEY HANCOCK 11 September 2013 Speaker
Bill, on motion of Mr Gallacher, read a first time and ordered to be printed.
Mr Gallacher 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.
19 ROYAL COMMISSIONS AND OMBUDSMAN LEGISLATION AMENDMENT BILL 2013
Order of the day read for resumption of the interrupted debate of the question on the motion of Mr Gallacher: That this bill be now read a second time.
Debate resumed.
Question put and passed.
Bill read a second time.
Leave granted to proceed to the third reading of the bill forthwith.
Standing orders having been suspended this day—
Bill, on motion of Mr Clarke (on behalf of Mr Gallacher), read a third time.
Bill returned to the Legislative Assembly without amendment.
20 ENTERTAINMENT INDUSTRY BILL 2013
On the order of the day being read, Mr Mason-Cox (on behalf of Mr Gallacher) moved: That this bill be now read a second time.
Debate ensued.
Leave granted for the remainder of the mover’s second reading speech to be incorporated in Hansard.
Debate continued.
Question put and passed.
1978 Legislative Council Minutes No. 163—Wednesday 11 September 2013
Bill read a second time.
Ordered: That consideration of the bill in committee of the whole stand an order of the day for a later hour of the sitting.
21 STATE AUTHORITIES NON-CONTRIBUTORY SUPERANNUATION AMENDMENT BILL 2013
On the order of the day being read, Mr Mason-Cox (on behalf of Mr Gallacher) moved: That this bill be now read a second time.
Debate ensued.
Question put and passed.
Bill read a second time.
Leave granted to proceed to the third reading of the bill forthwith.
Standing orders having been suspended this day—
Bill, on motion of Mr Mason-Cox, read a third time.
Bill returned to the Legislative Assembly without amendment.
22 ADJOURNMENT
Mr Ajaka moved: That this House do now adjourn.
Debate ensued.
Question put and passed.
The House adjourned at 6.17 pm until Thursday 12 September 2013 at 9.30 am.
23 ATTENDANCE
All members present, except Ms Barham, Mrs Mitchell and Ms Sharpe.
David Blunt Clerk of the Parliaments
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Authorised by the Parliament of New South Wales