2163

LEGISLATIVE COUNCIL

Tuesday 14 June 2011

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The President (The Hon. Donald Thomas Harwin) took the chair at 2.30 p.m.

The President read the Prayers.

The PRESIDENT: I acknowledge the Gadigal clan of the Eora nation and its elders and thank them for their custodianship of this land.

ASSENT TO BILLS

Assent to the following bills reported:

Courts and Other Legislation Amendment Bill 2011 Library Amendment Bill 2011 Work Health and Safety Bill 2011 Occupational Health and Safety Amendment Bill 2011 Law Enforcement (Powers and Responsibilities) Amendment (Move On Directions) Bill 2011

ADMINISTRATION OF THE GOVERNMENT OF THE STATE

The PRESIDENT: I report the receipt of the following message from Her Excellency the Governor:

Office of the Governor 2000 Marie Bashir GOVERNOR

Professor Marie Bashir, Governor of , has the honour to inform the Legislative Council that she re-assumed the administration of the Government of the State at 5.48 p.m. on 11 June 2011.

11 June 2011

DUKE OF EDINBURGH NINETIETH BIRTHDAY

The PRESIDENT: I inform the House that on behalf of the members of the Legislative Council and the people of New South Wales a message of congratulations was sent to His Royal Highness, the Duke of Edinburgh for his ninetieth birthday on 10 June 2011. Further, I report receipt of the following communication from the Private Secretary to His Royal Highness the Duke of Edinburgh:

Buckingham Palace 3rd June, 2011

Dear Mr Harwin

The Duke of Edinburgh has asked me to thank you and all the members of the Legislative Council very much for your congratulations on his 90th birthday.

His Royal Highness was most touched by your kind remarks on his support to The Queen and his service to Australia and the Commonwealth.

Prince Philip sends his best wishes to all members of the New South Wales Legislative Council.

Yours Sincerely Brigadier Archie Miller-Bakewell

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LEGISLATIVE COUNCIL VACANCY

Resignation of the Honourable Anthony Bernard Kelly

The PRESIDENT: I report the receipt of the following communication from the Hon. T. F. Bathurst, Administrator of New South Wales: Office of the Governor Sydney 2000 6 June 2011

The Honourable Donald Harwin MLC President of the Legislative Council Parliament House Macquarie Street SYDNEY NSW 2000

Dear President

I have the honour to inform you that I have received a letter, dated 6 June 2011, from the Honourable Tony Kelly MLC tendering his resignation as a Member of the Legislative Council of New South Wales.

I have acknowledged receipt of the letter from Mr Kelly and have informed him that you have been advised of his resignation.

Yours sincerely

The Honourable T F Bathurst Administrator of New South Wales

I have acknowledged the Administrator's communication and an entry regarding the resignation from the Fifty-fifth Parliament has been entered in the Register of Members of the Legislative Council.

CONDUCT OF MAGISTRATE JENNIFER BETTS

The PRESIDENT: I report receipt of the following correspondence from McLachlin Thorpe Partners, legal representatives, for Magistrate Jennifer Betts, dated 9 June 2011:

9 June 2011

The President of the Legislative Council, the Hon. Don Harwin MLC

Dear Sirs,

RE: MAGISTRATE BETTS

I refer to the letter from the President of the Legislative Council, to my client Ms Betts, via the office of the Chief of Magistrate, dated June 2011.

I confirm that I act for Magistrate Betts and instruct Mr Boulten of Senior Counsel on her behalf. I further confirm that my client accepts the invitation to address the Legislative Council at 3:30 p.m. on 15 June 2011.

I also note that Mr Boulten SC and I will accompany Magistrate Betts, and that we are meeting with the Clerk tomorrow to discuss procedure and arrangements.

Please do not hesitate to contact me in the interim.

Yours faithfully. McLACHLAN THORPE PARTNERS Hamish Cockburn Senior Associate

BUSINESS OF THE HOUSE

Formal Business Notices of Motions

Government Business Orders of the Day No. 2 objected to as being taken as formal business.

TABLING OF PAPERS

The Hon. Greg Pearce tabled the following papers:

Annual Reports (Statutory Bodies) Act 1984—Report of Wine Grapes Marketing Board for the year ending 31 December 2010.

Ordered to be printed on motion by the Hon. Greg Pearce. 14 June 2011 LEGISLATIVE COUNCIL 2165

SHENHUA WATERMARK COALMINE

Production of Documents: Return to Order

The Clerk tabled, according to the resolution of the House of 26 May 2011, documents relating to an order for papers regarding the Shenhua Watermark coal project received on 9 June 2011 from the Director General of the Department of Premier and Cabinet, together with an indexed list of documents.

Production of Documents: Claim of Privilege

The Clerk tabled a return identifying documents for which privilege is claimed and which are available only to members.

BUSINESS OF THE HOUSE

Postponement of Business

Government Business Orders of the Day Nos 1, 3 and 4 postponed on motion by the Hon. Michael Gallacher.

LEADER AND DEPUTY LEADER OF THE OPPOSITION

The Hon. LUKE FOLEY: I inform the House that today I was elected Leader of the Opposition in the Legislative Council and the Hon. Adam Searle was elected Deputy Leader of the Opposition in the Legislative Council.

STANDING COMMITTEE ON LAW AND JUSTICE

Reference

Motion by the Hon. Michael Gallacher agreed to:

1. That, in accordance with section 210 of the Motor Accidents Compensation Act 1999, the Standing Committee on Law and Justice be designated as the Legislative Council committee to supervise the exercise of the functions of the Motor Accidents Authority and Motor Accidents Council under the Act.

2. That the terms of reference of the committee in relation to these functions be:

(a) to monitor and review the exercise by the authority and council of their functions,

(b) to report to the House, with such comments as it thinks fit, on any matter appertaining to the authority or council or connected with the exercise of their functions to which, in the opinion of the committee, the attention of the House should be directed,

(c) to examine each annual or other report of the authority and council and report to the House on any matter appearing in, or arising out of, any such report,

(d) to examine trends and changes in motor accidents compensation, and report to the House any changes that the committee thinks desirable to the functions and procedures of the authority or council, and

(e) to inquire into any question in connection with the committee's functions which is referred to it by the House, and report to the House on that question.

3. That the committee report to the House in relation to the exercise of its functions under this resolution at least once every two years.

4. That nothing in this resolution authorises the committee to investigate a particular compensation claim under the Motor Accidents Compensation Act 1999.

STANDING COMMITTEE ON LAW AND JUSTICE

Reference

Motion by the Hon. Michael Gallacher agreed to:

1. That, in accordance with section 68 of the Motor Accidents (Lifetime Care and Support) Act 2006 the Standing Committee on Law and Justice be designated as the Legislative Council committee to supervise the exercise of the functions of the Lifetime Care and Support Authority of New South Wales and the Lifetime Care and Support Advisory Council of New South Wales under the Act.

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2. That the terms of reference of the committee in relation to these functions be:

(a) to monitor and review the exercise by the authority and council of their functions,

(b) to report to the House, with such comments as it thinks fit, on any matter appertaining to the authority or council or connected with the exercise of their functions to which, in the opinion of the committee, the attention of the House should be directed, and

(c) to examine each annual or other report of the authority and council and report to the House on any matter appearing in, or arising out of, any such report.

3. That the committee report to the House in relation to the exercise of its functions under this resolution at least once each year.

4. That nothing in this resolution authorises the committee to investigate a particular participant, or application for participation, in the Lifetime Care and Support Scheme provided for by the Motor Accidents (Lifetime Care and Support) Act 2006.

MS CATE FAEHRMANN ABSENCE

Dr JOHN KAYE, by leave: My colleague Cate Faehrmann is one of thousands of Australians and other travellers who have been stranded by the Chilean volcanic ash cloud. She has been unable to return to Sydney from Tasmania this morning as she had originally planned. She is caught in Hobart, attempting to return as soon as possible. However, all flights are fully booked. At this stage the earliest flight she has been able to get onto is on Thursday evening. We do not expect to see her until Friday.

INDUSTRIAL RELATIONS AMENDMENT (PUBLIC SECTOR CONDITIONS OF EMPLOYMENT) BILL 2011

Third Reading

The Hon. GREG PEARCE (Minister for Finance and Services, and Minister for the Illawarra) [2.47 p.m.]: I move:

That this bill be now read a third time.

The Hon. SOPHIE COTSIS [2.47 p.m.]: On 12 May 2011 the Government, without any prior warning to the community or to public sector employees, announced its radical, right-wing, new industrial relations proposals by press release. This was breathtaking, given how significant and far-reaching these reforms will be and how recent the election was. Before the election, the relevant shadow Minister, the Hon. Greg Pearce, said there were no plans to change the existing role of the Industrial Relations Commission. Now, suddenly, there are radical changes afoot. This approach was very different from when the Hon. Jeff Shaw embarked on major industrial relations reform in the mid 1990s. However, consultation did not start when the Carr Government was elected; it started well before, when Labor was in Opposition, during 1994.

Then shadow Minister, the Hon. Jeff Shaw, set out Labor's approach at a weekend symposium given here in Parliament House, to which representatives of unions and employer associations were invited, and attended. My colleague the Hon. Adam Searle clearly recalls that this was in the first half of 1994, nearly a year out from the 1995 election. Then, when the Labor Party policy had been drafted, it was released, in public, well before the election and subjected to scrutiny from employer associations, unions and the public—not for a day or a week or a month, but for nearly half a year—before the judgement of the electorate was to be passed. This was open, transparent and consultative, designed to ensure that the reforms would be broadly accepted within the community—and they were.

I will now speak about the consultative committee established by the then Minister, the Hon. Jeff Shaw, evidence of even more consultation. The committee comprised representatives of larger unions, the Labour Council, the Employers Federation and other employer bodies. The industrial relations department issued a paper setting out the areas for discussion at the upcoming meetings. Bodies could and did make written submissions. Meetings were convened in the department chaired by the then Minister, or the director general in his absence. They would go through each issue as set out in the Government paper in each submission line by line, item by item, often taking a whole day or more than a day.

Afterwards and prior to the next meeting a further position paper or summary of what was discussed and later decided by the Government would be sent to the parties and participants. The process continued week 14 June 2011 LEGISLATIVE COUNCIL 2167

after week, month after month, prior to the introduction of the bill. Despite this very consultative approach taken by the Labor Government, despite being well ventilated in the public arena, the then Opposition acted to the legislation and it was not passed in 1995.

Now let us contrast this fair, balanced consultative approach with the approach now being taken by this Government. Key issues have arisen from this announcement. It is not productivity, as the Premier has stated, but employee-related savings. The Public Service Association commissioned a report and some of the main findings indicate that New South Wales public sector employment has declined as a proportion of New South Wales population since 1987. So it shows that the size of the public sector has shrunk. Public servants across all sectors are clearly working longer and harder than ever. There is no more fat on the bone; it is down to the bone. Given that the size of the public sector per head is now smaller, there is less scope for achieving employee-related cost savings without effective pay cuts, or cuts to jobs, or cuts to services.

Premier O'Farrell let the cat out of the bag and conceded that his workplace changes are so extreme that police officers should be exempt. But the Premier has refused to scrap the laws for the other 400,000 public sector workers. What about the firefighters, the nurses, the child protection workers, the teachers and the ambulance officers? If these laws should not apply to police, then they should not apply to anyone. Premier O'Farrell has no mandate, no justification and no public support for these extreme workplace changes. He has now admitted that his laws are too harsh and would hurt police, but despite this he is continuing to push ahead and undermine the rights and conditions of all other public sector workers. It just does not make sense. Crossbench members have sought an assurance that uniformed police are excluded from the legislation. So what does that mean?

Reverend the Hon. Fred Nile: Front-line police.

The Hon. SOPHIE COTSIS: Front-line police. What about the entire police? What about the entire public sector? Then we have:

Mr O'Farrell states that he appreciates the views of the crossbenches, but there are special circumstances relating to police so we have agreed to the police exemption.

We have not seen anything in writing. We have not seen anything in the public arena in writing. This is confusing and dangerous. We are embarking on a dangerous path. What is it? I repeat: We do not have anything in writing. The Labor Party believes in the fundamental right of all citizens to be heard, to have their claims, wages and conditions heard and decided on by an independent body, not a body with a vested financial interest in keeping the wages of nurses, teachers, child protection workers and other public sector employees as low as possible.

The Government has said the policy in this bill is designed to save $1.9 billion over the life of this Parliament. That is the money that will come out of the pockets of ordinary, everyday citizens in this State who work in the public sector. This will reduce their ability to pay their mortgages and other bills. It will affect local businesses, particularly in regional towns. It will reduce people's ability to support their families. The Labor Opposition fundamentally opposes this disgraceful bill, which rips the heart out of fairness and justice for all citizens. We oppose this bill.

Mr DAVID SHOEBRIDGE [2.55 p.m.]: One week and two days ago Government members in this House, with their new minor Coalition parties—the Christian Democratic Party and the Shooters and Fishers Party—trashed two centuries of tradition. It trashed one century of this House being an independent House of review that stands up against the Government of the day and holds it to account. On repeated occasions—no less than three occasions—for the first time since 1906 the Government used the guillotine in this House to force through a deeply unpopular piece of legislation.

The Hon. Duncan Gay: Point of order: It was 1905, not 1906.

The PRESIDENT: Order! That is not a point of order.

Mr DAVID SHOEBRIDGE: The fact that the Minister would stand up with a degree of pride to take that point of order, to point out the shameful historical record of this Government, shows that it is proud of the fact that for the first time in more than a century those occupying the Government benches and their new Coalition members in the conservative crossbenches have absolutely trashed the traditions of this House. They did so allegedly because they did not want to wait a week—that is, to have the legislation debated this week. At 2168 LEGISLATIVE COUNCIL 14 June 2011

the end of a long session on Saturday the Government moved that the third reading of the bill be held over until this week anyway. It was a gambit and a ploy by the Government to intimidate this House. The Government tried to remove the proper place of this House as a House of review. It was a clear effort by the Government and its new lapdogs in the conservative crossbenches to intimidate this House and to remove the right of this House to be an independent House of review.

Reverend the Hon. Fred Nile: Point of order. I find the term "lapdogs" offensive. I ask the member to withdraw it unconditionally.

Mr DAVID SHOEBRIDGE: I withdraw it, Mr President. The Government and its new minor Coalition players trashed a century of tradition of this House. In doing so, the substance of the bill also trashed a century-long, multipartisan tradition of having an independent umpire to deal with industrial disputes—not only between the public sector and workers in the public sector, but also as a genuine tool of industrial harmony and a genuine tool of achieving a just and fair industrial outcome. In one day this Government and its new minor Coalition members trashed two great centuries of tradition.

This Government came in as a notional conservative Government. This is not a conservative Government. This is a radical Government with a radical industrial relations agenda that it failed to tell the people of New South Wales about before it introduced its radical new laws. What is its radical new plan? It is clearly the new conservative industrial relations model for the Coalition. If it succeeds in this grand experiment on public sector workers in New South Wales, the Coalition and its noble Federal leader, Tony Abbott, will roll out this radical attack on working conditions and rights at a Federal level.

Let us make no mistake: The Coalition is experimenting with the public sector workers of New South Wales. There is a clear intent: If the Coalition breaks the public sector and the unions in New South Wales, this will be the new conservative model of choice. This will be how the Coalition intends to break unions across Australia. This will be Tony Abbott's WorkChoices mark II, rolled in here by his friends in the New South Wales Government to experiment on the workers of New South Wales.

The PRESIDENT: Order! Government members will come to order.

Mr DAVID SHOEBRIDGE: During the debate Reverend the Hon. Fred Nile gave some detail of what he thought he was getting in return for his support for the bill. Reverend the Hon. Fred Nile gave his version of the private agreement that his party struck with the Government to force through this legislation. The Government has not read into the Hansard transcript the details of that private agreement. Reverend the Hon. Fred Nile talked about a signed document that he had from the Government in return for supporting the legislation. That document has never been tabled by Reverend the Hon. Fred Nile and it has never been tabled by the Government. What is the full extent of the secret deal that the "Guns and Moses" lobby has done with the Government in order to force through this legislation? The document has not been tabled and the Government has not spoken about the extent of the deal.

We understand from Reverend the Hon. Fred Nile that he believes there is some protection for police. We have not heard the Government say what that protection will be. At best it is a promise between the Christian Democratic Party and its new friends in the Coalition Government that may exclude the Police Association's current award negotiations from the scope of the bill. That is the at-best situation. What would the Police Association be required to give up in return for that? It is looking increasingly as though its death and disability benefits will be on the auction table in order for it to get through its award. That looks like being the full extent of the deal. The Government talks about supporting police men and women but it will be gutting their death and disability benefits, clearly as a side deal that has not been mentioned or fully documented.

The Hon. Duncan Gay: Point of order: I draw your attention to selected presidential rulings. The primary purpose of the third reading stage is to ensure a last opportunity to oppose the legislation. Debate in a third reading should be confined to that question. The House should not be treated to a second reading debate speech at the third reading stage. The material the honourable member is using now was put before the House in his six-hour contribution to debate on the second reading. This contribution is therefore out of order.

Dr John Kaye: To the point of order: Unlike the Deputy Leader of the Government, I listened to Mr David Shoebridge's contribution to debate on the second reading with great interest. Again, unlike the Deputy Leader of the Government, I am listening to his contribution to debate on the third reading. He has not repeated material that he used during his speech in debate on the second reading and he is doing precisely— 14 June 2011 LEGISLATIVE COUNCIL 2169

The Hon. Duncan Gay: That is not possible.

Dr John Kaye: Some people have quite expansive brains.

The PRESIDENT: Order! Dr John Kaye will conclude his point of order. He will not abuse other members.

Dr John Kaye: I acknowledge your ruling, Mr President. This new material is entirely in keeping with a final attempt at the third reading stage to persuade members to vote against the legislation.

The Hon. Matthew Mason-Cox: To the point of order: I refer to New South Wales Legislative Council Practice which states, to take the member's point, "attempts by members to engage in extended discussion of the previous provisions of the bill or to introduce new matters have been ruled out of order by successive Presidents". Also, debate on the motion for the third reading is limited to stating reasons for supporting or opposing the bill.

The PRESIDENT: Order! I have listened very carefully to the contribution of Mr David Shoebridge. His remarks are in order.

Mr DAVID SHOEBRIDGE: As best the public can be made aware, those appear to be the basic elements of the deal between the Christian Democrats and the Government to support this bill. We have not seen the document tabled and we do not know the full extent of the deal. Clearly there is a separate deal between the Government and the Shooters and Fishers Party for its support—the other minority element of this new right-wing Coalition that occupies the government benches.

The Hon. Catherine Cusack: Point of order: The honourable member is clearly making imputations about other members of the House in addition to traversing a decision made by this House. I ask you to call him to order.

The PRESIDENT: Order! Members may not reflect on any resolution of the House. Mr David Shoebridge should ensure that he does not do so in his contribution. In addition, he should not make imputations of improper motive or reflect on any other member of the House.

Mr DAVID SHOEBRIDGE: The full extent of the deal between the Shooters and Fishers Party and the Government will probably become apparent only when the next bill to be debated in this House, the Firearms Legislation Amendment Bill 2011, is spoken to by the Hon. Robert Borsak. As soon as the Government gets the industrial relations bill through the House the next bill to be debated will be Mr Borsak's Shooters and Fishers Party bill, which is in these terms, "That leave be given to bring in a bill for an Act to amend the Firearms Act 1996 and the Firearms Regulation 2006 to make further provision with respect to the regulation and control of firearms and for other purposes." It looks very much like one of the "other purposes" is for the Shooters and Fishers Party to act as a reliable minor member of the new right-wing Coalition and to support the Government of the day in trashing the industrial relations system and breaking the century-long traditions of this House. This is a day of shame for this Chamber and a day of shame for the Government as it has exercised the guillotine to cut down debate without ever having taken its policy to the people of New South Wales.

The PRESIDENT: Order! I have warned the member about reflecting on an earlier vote of the House. He will continue with his contribution and outline why he opposes the bill.

Mr DAVID SHOEBRIDGE: Let us be entirely clear about this: If the Coalition's radical experiment with the livelihoods of 400,000 public sector workers and the essential services provided by those public sector workers in New South Wales is successful and it breaks the public sector unions and the public service, the next stop will be Tony Abbott with WorkChoices mark II modelled on this radical attack. It is an important time for the people of New South Wales to make a stand. We will be hearing from them in the coming weeks and months as they become aware of the full impact of this radical attack from this radical new Government.

Dr JOHN KAYE [3.07 p.m.]: The Industrial Relations Amendment (Public Sector Conditions of Employment) Bill 2011 is a five-way indictment on this Government. Firstly, it is deeply misleading. When this Government was in opposition it went to the people of New South Wales with a 70-page document about how it would make New South Wales number one again. The document said a New South Wales Liberal and Nationals 2170 LEGISLATIVE COUNCIL 14 June 2011

Government would restore trust in our public services and establish a public service commissioner. The then O'Farrell-Stoner Liberal-Nationals Opposition promised it would the New South Wales public service to become an employer of choice that is attractive to the highest calibre of individual candidates. That can now only be true if the highest calibre of individual candidates want to look forward to a future in the public sector of declining real wages and standards of work, abuse from the Government and undermining of their industrial rights.

Secondly, this legislation undermines the independence of the judiciary. Who would want to go before a court where the prosecutor had the power to instruct the judge how to find? That is precisely what will happen in the State Industrial Court in New South Wales, completely undermining its independence and in doing so undermining the reputation of all judicial bodies in New South Wales and threatening the integrity of a chapter 3 tribunal under the Australian Constitution.

Thirdly, this legislation threatens the quality of public services throughout New South Wales. It is absolutely true that the heart and soul of the delivery of services is the people who work there. If we threaten their wages and the ability of members of the public service to bargain collectively to achieve a decent liveable wage, if we take their wages below the cost of living, if this Government ensures that public sector workers are paid even to a greater degree less than they currently are and far less than their private sector equivalents, we will undermine the capacity of good and decent people to work for the public sector.

Fourthly, this legislation is an attack on individuals who work in the public sector, so it is an attack on the quality of public sector services upon which so many people in New South Wales depend. This is an attack on public education, public housing, public health, public transport, public welfare delivery, public policing and public emergency services, including the New South Wales Fire Brigades. These are the services that glue our society together, that make our society fairer and more just. They are the things that make our society more cohesive and more successful. Yet what this Government is doing—and what this legislation does—is undermining the integrity of those services by making it increasingly difficult to attract quality people to those services.

Fifthly, this legislation undermines the industrial relations system that has evolved over the past 100 years. It also guarantees more industrial action in this State. More work days will be interrupted by strikes and by industrial action. It is not a productivity bill; it is a workforce punishment bill. It is a wage freeze that is designed to balance the budget off the backs of public sector workers; hence off the backs of people who depend on public sector services. This Government was so desperate to inflict punishment on public sector workers and those who depend on public sector services that it stooped so low as to move the gag on debate and to force through a set of time limits at the Committee stage that this Chamber has never seen before.

This legislation is entirely inappropriate. It is something that the Coalition when in opposition did not have the courage to front up with to the people of New South Wales and admit it was going to do. This debate would have been different—indeed the outcome of the 2011 election would have been different—if Mr O'Farrell and Mr Stoner had had the courage and honesty to say, "Yes, we are going to decimate the public sector. Yes, we are going to decimate the Industrial Relations Commission. Yes, we are going to undermine public sector services." Instead of doing that they went to the last election with a promise to rebuild the public's confidence in the New South Wales public service.

Reverend the Hon. Fred Nile: Hear! Hear!

Dr JOHN KAYE: Reverend the Hon. Fred Nile, how does the Government rebuild confidence in the public service when it is busy cutting public sector workers' pay and taking their pay below the rate of inflation so that it is increasingly difficult for people who work in the delivery of those services to make a living? People who work in the public sector do so because they believe in public service. They believe in the community they serve and they believe in the service that serves that community. Yet this legislation guarantees a limited future to the public sector.

The legislation may work well for a government that is committed to privatisation and to public-private partnerships, but it does not work well for the people of New South Wales who depend on quality and affordable services, public education, public health and public transport. The third reading of this legislation is the last opportunity for members in this House to stand up for common decency, an independent judiciary, working people in the public sector, and working people throughout New South Wales who depend on public sector services. I urge the House to oppose the legislation. 14 June 2011 LEGISLATIVE COUNCIL 2171

The Hon. JEREMY BUCKINGHAM [3.13 p.m.]: This is the first time I have had an opportunity to speak in debate on the Industrial Relations Amendment (Public Sector Conditions of Employment) Bill 2011. On behalf of The Greens, I speak against the bill. At the outset the Minister for Finance and Services said in his second reading speech:

New South Wales Government has made a commitment to its citizens to rebuild the economy, return quality services, renovate infrastructure, restore accountability, and protect the local environment and communities.

The Hon. Greg Pearce: I have already said that.

The Hon. JEREMY BUCKINGHAM: The Minister said all those things. What I read is a decent commitment for the Government to make, but my concern is that this bill goes against that commitment. It is difficult to see this bill being anything other than an attack on the public sector, an attack on New South Wales police officers, nurses, and the hardworking employees of our critical government departments. The reason I believe that this bill is contrary to the claims made by the Minister about the Government's commitment is that at the end of the day it is largely the public sector that will deliver the commitment. An attack on the public sector is an attack on the economy, an attack on public services, an attack on infrastructure management and an attack on protection of the environment.

Let us be clear: It will not be the Hon. Greg Pearce who will be doing a Treasury analysis that will support economic decision-making. It will not be the Hon. Michael Gallacher who will be walking the beat and keeping our communities safe. It certainly will not be the Hon. Duncan Gay who will be out at a site like the Camden Sugarloaf 3 coal seam gas well after an uncontrolled chemical release taking water samples and considering potential breaches of Australian Gas Light's [AGL] petroleum production licences. Those are the things that the public sector does.

The Hon. Duncan Gay: They were cleaning it.

The Hon. JEREMY BUCKINGHAM: Cleaning it of what?

The Hon. Duncan Gay: The AGL guy cleaned you up.

The Hon. JEREMY BUCKINGHAM: I do not think so.

The Hon. Duncan Gay: On the 7.30 Report, you were done over. You need to do some more homework.

The Hon. JEREMY BUCKINGHAM: We will see. This bill puts at risk the ability of the Government and future governments to deliver on their commitments to the New South Wales community.

The PRESIDENT: Order! There is far too much audible conversation in the Chamber. I cannot hear the member's contribution.

The Hon. JEREMY BUCKINGHAM: A strong public sector is necessary if we are to have good government. I have the good fortune to represent The Greens in this Parliament in the portfolio areas of mining and regional New South Wales.

The Hon. Duncan Gay: Oh.

The Hon. JEREMY BUCKINGHAM: Just listen, Duncan. Since entering Parliament only one month ago, I have travelled throughout the State and spoken to communities. In particular I will be examining the impact of uncontrolled expansion of the coal and coal seam gas industries in New South Wales.

The Hon. Duncan Gay: Point of order—

The PRESIDENT: Order! I call the Hon. Trevor Khan to order for the first time.

The Hon. Duncan Gay: As entertaining as this contribution is—and how good it would have been on Stateline on the Friday night—it has nothing to do with the bill before the House. Mr President, I request you to bring the Hon. Jeremy Buckingham back to the leave of the bill before the House and to the reasons for allowing members to speak at the third reading stage, which do not include making a second reading speech. 2172 LEGISLATIVE COUNCIL 14 June 2011

The PRESIDENT: Order! I remind the member that debate on the motion for the third reading is limited to stating reasons for supporting or opposing the bill. If the member wishes to continue with his current love of argument, he will bring his comments back to his reasons for opposing the bill.

The Hon. JEREMY BUCKINGHAM: In outlining my reason for not supporting the bill, I will again cite the second reading speech of the Hon. Greg Pearce:

Some people seem to take the view that government has a bottomless pit of money to pay for any or all hoped-for pay increases.

As The Greens mining spokesperson, I have had some experience in looking at bottomless pits. Both Labor and the Coalition love bottomless pits—bottomless coal pits. They have allowed the Hunter Valley to become one big bottomless pit.

The Hon. Duncan Gay: Point of order: My point of order is the same as my previous one. The Hon. Jeremy Buckingham has gone straight back to debating the issue of coalmines and gas. Mr President, he is flouting your ruling.

The Hon. JEREMY BUCKINGHAM: To the point of order: The argument I am making goes to the capacity of government to regulate industries, and governments do that through public sector workers.

The PRESIDENT: Order! I am listening carefully to the contribution of the Hon. Jeremy Buckingham. I remind him that this is his last opportunity to oppose the bill. He should limit his remarks accordingly.

The Hon. Niall Blair: In other words, you've got nothing.

The Hon. JEREMY BUCKINGHAM: I have something; Government members should not worry. I thank them for their advice. I know that they are dazzled by baubles. A few interesting things happen when mining companies move into a community. The first is that accommodation costs go up in rental and buyers markets. The key reason is to meet the amount that can be afforded by mining wages. The Government has had much to say in this bill about wage comparisons: remember mining wages, public sector wages. A quick Google search revealed some of the wage increases being experienced in the mining sector. Based solely on media reports, in 2010 Xstrata was negotiating for a starting offer of a 25 per cent increase for workers in a coalmine over a four-year period. How is the public sector expected to cope?

The website payscale.com shows the average wage for a heavy equipment operator in coalmines is over $103,000 a year. With all due respect to the hard, physical, dangerous and dusty work encountered at mine sites, that is a wage of over $100,000 for driving a large truck. A quick click on payscale.com allows me to search for the average pay rate for a high school teacher—a public sector worker. For a degree-qualified high school teacher, an educator of our young people and the provider of an absolutely essential public service— Government members have gone quiet—the average pay is just over $56,000. That is just over half that earned by the heavy machine operator.

Another quite shocking comparison is that of a registered nurse position being advertised for the Hunter Valley area with the Department of Family and Community Services. The position, which requires a highly trained and committed professional to live in a community badly impacted by air pollution—join the dots—from the coal dust and emissions of thousands of trucks each week screaming up and down the New England Highway, attracts a base salary of, wait for it, $49,000 per year. A truck driver receives $103,000; the registered nurse gets $49,000.

The Hon. Melinda Pavey: Do you want to halve the truckie's pay? Is that what you're saying?

The Hon. JEREMY BUCKINGHAM: I will get some crayons. I make it clear that I am not attacking the workers.

Mr David Shoebridge: Point of order: Try as I might, I simply cannot hear Mr Jeremy Buckingham's presentation to the House due to the absolute wall of sound, the cacophony, from the Government benches. Rather than try to silence the member, could Government members please listen respectfully to his contribution to debate on the third reading.

The PRESIDENT: Order! I uphold the point of order. I also could not hear the member's contribution. It is difficult for me to rule on points of order about the member's contribution when such a barrage of noise is coming from the Government benches. 14 June 2011 LEGISLATIVE COUNCIL 2173

The Hon. JEREMY BUCKINGHAM: I must be touching a raw nerve. I make it clear that I am not attacking the workers, but one industry, the thermal coal industry, which is exporting pollution to the world and covering communities in dust while being supported by billions of dollars in government subsidies and which can offer a pay rise of 25 per cent over four years. Another industry that employs some of our most important public servants, an industry trying to help people to recover from illnesses linked to coal dust, is offering 2.5 per cent a year on a base of around half that of mining. Indeed, that is an interesting comparison. That is why I do not support the bill.

The Hon. Matthew Mason-Cox: It's the very minimum.

The Hon. JEREMY BUCKINGHAM: I do not know the experience of Government members—not many people do—but I do not recall hearing someone in the street complaining about the high wages of nurses or the golden parachutes offered to retiring teachers. But I have heard people complain about bankers and miners. It is interesting that this Government, which will not recover royalties for the first five years of coal seam gas extraction, claims that teachers and nurses on salaries of around $50,000 a year are sending the State broke.

The Government lets in the coal seam gas industry with no indication that it will increase royalties, yet it will punish the public sector. Government members have gone quiet again. Let us return to the rising cost of accommodation in mining towns. From the comparisons I have noted one can undoubtedly see what is driving up the cost of housing. Though I note that this could be for a 20- to 30-year period, the temporary nature of mining activities means that the housing supply will not be increased to meet all needs. This housing supply shortage and machinery drivers earning $100,000 a year will lead to big spikes in rental accommodation costs and house prices generally.

The PRESIDENT: Order! There is far too much audible conversation in the Chamber.

The Hon. JEREMY BUCKINGHAM: The second thing that happens when mining companies move into communities is that public sector workers start to suffer financially as their wages fail to reflect the cost of living increases linked to mining. This is important in the region. This bill will have a disproportionate impact on public sector workers in mining communities. I will repeat that once more: The bill will have a disproportionate impact on public sector workers in mining communities.

The PRESIDENT: Order! I call the Leader of the Government to order for the first time.

The Hon. JEREMY BUCKINGHAM: Reducing relative wages when compared to the private sector generally is one thing, but when compared to mining sector wages, our critical public sector employees are left to feel like second-rate citizens in their own communities, and this drives them out of their jobs. Where do they go? They go to the mining sector.

The Hon. Greg Pearce: They drive trucks.

The Hon. JEREMY BUCKINGHAM: Driving trucks. I thank the Minister; that is exactly right. And we end up with gutted towns. Government members would rather have teachers driving trucks. That is why I do not support the bill.

The Hon. Eric Roozendaal: Point of order: I find it offensive that the Hon. Rick Colless is standing at the table staring into the face of the Hon. Jeremy Buckingham. The rules of the House are very clear. While the member has the call, other members of the House should sit quietly and listen, not stand trying to stare out the member who is speaking. It is offensive.

The PRESIDENT: Order! That is not a point of order. The Hon. Jeremy Buckingham may proceed.

The Hon. JEREMY BUCKINGHAM: It is a bit disconcerting, but I will battle on.

The Hon. Penny Sharpe: Point of order: I have been trying to listen to the Hon. Jeremy Buckingham, but Government members, particularly the Leader of the Government and the Deputy Leader of the Government, continually interrupt him and interject on him. As a result, I cannot hear what the Hon. Jeremy Buckingham is saying. I ask you, Mr President, to call them to order. 2174 LEGISLATIVE COUNCIL 14 June 2011

The PRESIDENT: Order! Members will listen to the Hon. Jeremy Buckingham in silence. I have called a number of members to order. I will continue to do so if the member with the call is not heard in silence.

The Hon. JEREMY BUCKINGHAM: The third thing that happens with mining towns is that people start to reconsider their futures, as many people are doing in New South Wales. Attracting public sector workers to these areas is already extremely difficult—something I know The Nationals have set out to do. The Hunter Valley already has extreme shortages of paramedics and police officers.

The Hon. Dr Peter Phelps: Hey!

The Hon. JEREMY BUCKINGHAM: I acknowledge that remark. I do not think we should be celebrating a shortage of paramedics and police officers in the Hunter Valley. The member should be ashamed of himself. Restricting the opportunity for appropriate wage increases will only exacerbate the difficulties in attracting workers to these essential services. Let me return to the Minister's second reading speech and outline why I do not support this bill. The Hon. Greg Pearce stated:

The policy intention is to ensure an appropriate balance between public sector wage increases and the availability of funds for the delivery of the Government's commitments.

This Government certainly has been good at making commitments. During the election campaign and since the election it made a number of promises about its strategic regional land-use policy. I have congratulated the Government on recognising the need to address the cumulative and localised impacts of the coal and coal seam gas industry in New South Wales, but I am starting to question the Government's ability to meet its commitments in this area. This is why I do not support this bill.

If this bill passes, those critical people in government departments charged with implementing these policy ideas, these promissory notes to the people of New South Wales, may start looking for another job. With the mining industry on the hunt for experts in geology, agriculture, water and environmental assessment, what incentive is there for them to stay in a job that may, at best, send them backwards in real terms by just a little bit? In relative terms, their colleagues who go to the mines or work for private companies consulting to the mines will be massively better off. Who will be left in the Department of Planning to develop the promised regional strategic land-use plans? The Government has already reduced the role of the environment department and separated Water from the portfolio. But my real concern is: Who within the New South Wales Office of Water will be left to assess the impact of fracking on the catchment around Woronora Dam, where Apex energy is planning to put a gas field in the Sydney drinking water catchment? That is why I do not support the bill.

Who will be left in Primary Industries to develop the definition of "strategic agricultural land" and policy on how agricultural impact statements will be assessed in relation to new mining applications? This is the false economy of capping public sector wages. This State will lose the skills that the community relies on to ensure that its interests are protected and the law is upheld. Whether that is ensuring compliance with dust pollution licences or keeping our streets safe, this action has the real potential to result in a reduced ability to meet these community expectations. I am proud to speak in opposition to this bill and to the Government's disregard for New South Wales community service workers. Thinking it knows all, it is ignoring the true strength of government and community. My concern is that it will be to the detriment not only of many hardworking individuals and their families but also of the community as a whole.

Question—That this bill be now read a third time—put.

The House divided.

Ayes, 22

Mr Ajaka Miss Gardiner Mrs Mitchell Mr Blair Mr Gay Reverend Nile Mr Borsak Mr Green Mrs Pavey Mr Brown Mr Khan Mr Pearce Mr Clarke Mr Lynn Ms Cusack Mr MacDonald Tellers, Ms Ficarra Mrs Maclaren-Jones Mr Colless Mr Gallacher Mr Mason-Cox Dr Phelps 14 June 2011 LEGISLATIVE COUNCIL 2175

Noes, 17

Ms Barham Dr Kaye Ms Sharpe Mr Buckingham Mr Moselmane Mr Shoebridge Ms Cotsis Mr Primrose Mr Veitch Mr Donnelly Mr Roozendaal Tellers, Ms Fazio Mr Searle Ms Voltz Mr Foley Mr Secord Ms Westwood

Question resolved in the affirmative.

Motion agreed to.

Bill read a third time and transmitted to the Legislative Assembly with a message seeking its concurrence in the bill.

FIREARMS LEGISLATION AMENDMENT BILL 2011

Bill introduced, and read a first time and ordered to be printed on motion by the Hon. Robert Borsak.

Second Reading

The Hon. ROBERT BORSAK [3.40 p.m.]: I move:

That this bill be now read a second time.

I am pleased to introduce the Firearms Legislation Amendment Bill 2011. The bill proposes a number of amendments to the Firearms Act 1996 and the Firearms Regulation 2006. These amendments will introduce some minor improvements to some of the unnecessary restrictions suffered by ordinary people, who choose to collect, hunt with or shoot firearms. Some of these amendments were raised previously by my predecessor, the late Hon. Roy Smith. I hope that the new Government takes a more reasonable view on the legitimate use of firearms by private citizens. The amendments will not have any adverse impact on public safety.

I will briefly take members through the amendments proposed in the bill. First, the bill removes air rifles from the requirement to be registered, and removes the need for a permit to acquire an air rifle. This would reduce the workload of the Firearms Registry, leading to a reduction in the cost of the registry. Public safety would not be compromised as it would still be necessary to hold a firearms licence to legally possess an air rifle. A related amendment allows minors under 18 years of age to use air rifles at an approved range under the direct supervision of a licensed person. Air rifles are particularly suited for use by junior shooters being introduced to the shooting sports.

The regulation of antique firearms is once again revisited in this bill to address an anomaly left after last year's amendment of the Act. The bill makes it clear that handguns manufactured before 1900 that take ammunition deemed by the commissioner to be not commercially available are not required to be registered and can be purchased without the need for a permit to acquire. Previous amendments to the Act have already extended this exemption to antique long arms that take ammunition that is no longer commercially available, and the commissioner has gazetted a long list of cartridges that people can no longer buy commercially. A licence or permit will continue to be required to allow the legal possession of these antique handguns, and this licence must be shown when purchasing them. Before the Greens erupt in a paroxysm of fearmongering, let me assure the House that pre-1900 pistols for which ammunition is no longer available are not the weapons of choice for criminals in the twenty-first century.

Schedule 1, items [9] through to [11] to the bill will allow a person applying for a licence for the purpose of vertebrate pest animal control to use permission given by any public or local authority to shoot on that authority's land, in support of that genuine reason. This simply extends the current ways in which such a licence can be supported to include public and local authorities, such as local councils, which have a need for persons to control pests on council tips and other council land that is not necessarily rural land. This amendment does not affect the authority extended to persons with a licence for recreational hunting or vermin control. It applies to certain employees, contract shooters and, under limited circumstances, to primary producers. Schedule 1 [13] similarly extends the recognition of a corresponding license issued in another State or Territory. 2176 LEGISLATIVE COUNCIL 14 June 2011

Schedule 1 [12] requires a person whose licence or permit is suspended or revoked to surrender their firearms after being directed in writing by the commissioner to do so. Schedule 1, items [14] and [15] allow a person with a probationary pistol licence to purchase no more than two pistols once they have held that licence for a period of more than six months, but removes the restrictions preventing them from purchasing a rim-fire and centre-fire pistol. Schedule 1 [16] streamlines the procedure for a person licensed in another State or Territory who moves to New South Wales and who needs to apply for a licence and transfer the registration of their firearms. It simplifies and removes the cost of transferring the registration of their firearms.

The Shooters and Fishers Party Firearms Legislation Amendment Bill 2010 addressed the time-wasting requirements whereby firearms dealers were required to record all transactions, even when a transaction either did not involve a change of ownership or involved a firearm for which a licence was not required. However, an amendment to our 2010 bill by the then Government was used to undo the intended effect of the amendment. The amendments in schedule 1, items [17] through to [19] make it clear that a firearms dealer is not required to record or report to the commissioner on transactions involving a firearm that is not required to be registered, or where the transaction does not involve a change of ownership, such as receipt of a firearm for repair.

Schedule 1 [20] omits long arms fitted with a revolving ammunition cylinder from the schedule of prohibited firearms. These firearms are a single action design revolver with a long barrel, classifying them as a long arm. The New South Wales Police Force is apparently worried that these long arms, which cost between $1,000 and $3,000 to buy, will be cut down and turned into handguns. No legal firearms owner would vandalise a valuable firearm in that fashion. Criminals will continue to buy cheaper handguns on the black market, and avoid the inconvenience of having to dock the barrel. The police ministry also seems to be confused as to the capability of a single-action, as opposed to a double-action, revolver, wishing to treat those firearms as if they were capable of firing each time the trigger is pulled. As devotees of spaghetti westerns will know, the hammer must be pulled back manually prior to firing a single-action revolver.

Schedule 2 [1] is a minor amendment that removes the current requirement for the holder of a range approval to record the details of a person who holds a firearms licence for a reason other than target shooting when they come to the range to sight in or test the function of their firearm. The gathering of this information is a waste of the time of the volunteers or staff manning our shooting ranges. It does not impinge upon public safety as it removes something that is useless in the first place. Schedule 2 [2] inserts a clause in the regulation pertaining to the approval of shooting ranges with the intention of preventing the Firearms Registry continuing to impose unnecessary restrictions on the activities conducted at approved shooting ranges. Currently, the registry insists that only events named on the range approval can be shot on a range. It does not allow other events to be conducted even when the other event merely uses rearrangement of elements taken from events already named on the range approval.

Schedule 2 [3] is a consequential amendment that exempts a person from the requirement to have a permit for an imitation of an antique firearm when the firearm of which the imitation is a copy can be held without a firearms licence. Put simply, if a person can own the real antique firearm without a licence, why should they have to have a permit in order to own a non-functioning imitation version of it? There is also a need to amend some other associated legislation that unreasonably impacts on law-abiding firearms owners—in particular, the National Parks and Wildlife Regulation 2009. Schedule 3 [1] removes a superfluous reference to air guns being banned from national parks. Air guns cannot be carried or used in a national park under a more general exclusion of firearms from national parks. Schedule 3 [2] amends that regulation so as to allow a person to convey an unloaded firearm and ammunition through a national park in a vehicle on a public road, provided that the person is authorised to possess that firearm or ammunition. It does not authorise the use of a firearm in a national park. It does not authorise the possession of a firearm in a national park other than in a vehicle on a road passing through the national park.

In some areas the only means of access to or from privately owned land is via a road through a national park. People living on or visiting such farms or blocks of land currently are required to seek out a national parks and wildlife officer and get permission each time they wish to travel along the legal access to their land with a firearm. They may be leaving their property to target shoot at their local range, or to go hunting. This amendment does not allow them to take the firearm out of their car in the national park. It merely does away with the stupidity of their having to get permission each time they travel through a national park. The Shooters and Fishers Party will continue to put forward bills to remove the unnecessary regulation of shooters and fishers in New South Wales. This is the first of several bills that I will be introducing. I commend the bill to the House.

Debate adjourned on motion by Reverend the Hon. Fred Nile and set down as an order of the day for a future day. 14 June 2011 LEGISLATIVE COUNCIL 2177

BUSINESS OF THE HOUSE

Postponement of Business

Private Members' Business item No. 2 in the Order of Precedence postponed on motion by Dr John Kaye.

NATIONAL VOLUNTEER WEEK

Debate resumed from 12 May 2011.

The Hon. SOPHIE COTSIS [3.52 p.m.]: I would like to add my support to this motion and commend the Hon. Greg Donnelly for bringing it to the attention of the House. I also commend the Minister for Emergency Services, the Hon. Michael Gallacher, as well as the Hon. Lynda Voltz, the Hon. Marie Ficarra and the Hon. Jan Barham for all of their efforts in this field and for speaking in this debate. Of course, we should all thank, congratulate and acknowledge the 3.4 million Australians who volunteer in all aspects of society.

These people are filling the gaps, raising the funds, lifting community awareness of an important issue, helping members of the community, advocating on behalf of others on local issues and from time to time saving lives. As many members know from attending local events and functions, the majority of the organisers are volunteers. These volunteers are the networkers of the community; they engage other people and bring a wealth of skills and experience to their mission. I have been involved with a number of volunteer organisations over the years and have served with some of these wonderful and motivated people. They have commitment and passion and give up many hours for free—

The Hon. Robert Brown: Hear! Hear!

The Hon. SOPHIE COTSIS: Absolutely. I acknowledge the Hon. Robert Brown's interjection. These volunteers have commitment and passion and give up many hours for free, to improve and advance their communities. In doing so, they make a better society for all of us. I recently attended and spoke at a wonderful function arranged by the Organisation of Greek and Cypriot Hellene Women to raise funds for the Children's Cancer Institute and also to raise awareness of the work of the institute as well as its excellent research, recognising its latest statistics on reducing childhood cancer. I also attended and spoke at a function hosted by the Australasian Hellenic Educational Progressive Association Foundation, which was also a fundraiser for Autism Spectrum Australia and the Juvenile Arthritis Foundation, which I will speak about at a later date. Both those causes need support, and it is wonderful that these volunteer organisations are there to help.

I note that these volunteer organisations, like many others, do not raise funds for their own benefit but undertake volunteer fundraising activities for causes which are broad and which impact on people across our communities, regardless of background, class, age or gender. This shows that great Australian value of pitching in to help others, which we should continue to foster and encourage—as I know that we do and always will do. There are many other volunteer organisations that demonstrate this great value of Australian fellowship and philanthropy, but I will not have time to list them in this debate.

However, I acknowledge the St George Hospital Lambrocke Committee, a group of wonderful, caring, smart and active women who have been fundraising for St George Hospital for nearly 20 years. They organise dinners and trivia nights and have ongoing raffle sales during the week as well as on Friday, Saturday and Sunday nights. They can be found at the front of St George Hospital. I have on many occasions—though not recently—sat with them out the front of the hospital, selling raffle tickets, lending my extensive Labor Party ticket-selling experience to assist the ladies in their tasks at many events, with great success when I am on duty. We also have the Big Bed Race, which is held in September of every year.

The Hon. Paul Green: How does that work?

The Hon. SOPHIE COTSIS: The member should come down. I invite him to this event, which is fantastic. Some 45 teams, representing local businesses, have a bed race down Railway Parade. I will let the member know when the event is coming up. It is great fun. So far, these volunteers have raised more than $1 million for the purchase of many items of much-needed equipment. In short, let us salute and thank the volunteers of this State. I commend the motion to the House.

The Hon. ROBERT BROWN [3.56 p.m.]: I will speak only briefly to this fantastic motion put forward by the Hon. Greg Donnelly. We need to recognise the work that volunteers do in our community. 2178 LEGISLATIVE COUNCIL 14 June 2011

Australia has one of the greatest records in volunteering. We see that everywhere we go. In fact, it is probably arguable that volunteering in some non-government organisations takes a great load off taxpayers in providing services and support to all sorts of people in need. I have a particular interest of course in the Volunteer Conservation Hunters—all 11,000 of them—who freely give of their time, and at their cost.

The Hon. Robert Borsak: All 15,000.

The Hon. ROBERT BROWN: It is 15,000. I apologise and acknowledge the interjection of my colleague the Hon. Robert Borsak. Their volunteering is at their own expense, because they supply their own vehicles, firearms and ammunition, as well as their skills, quite often in hunts on freezing cold mornings, or in snow, sleet and other poor weather conditions. Volunteers were the real reason that in 2000 Australia was able to run such a successful Olympic Games. Had we not had thousands and thousands of volunteers make themselves available to the organising committee to assist with the running of the Games, I doubt whether Sydney or New South Wales would have been able to step up to the plate. We have so many volunteer organisations. I will not attempt to name them but they include community service organisations such as Rotary and Lions clubs.

The Hon. Robert Borsak: The scouts and guides.

The Hon. ROBERT BROWN: That is correct; we have organisations such as the scouts and the guides associations—which again have volunteers who give freely of their time to bring to young people things that they may not otherwise be able to get because of their family circumstances, such as a sense of adventure, or knowledge about the real world, certainly the natural world. We also have the police and community youth clubs. It is not just serving police officers who do volunteer work for those organisations; the sporting clubs around this city, State and country—

The Hon. Robert Borsak: Including the Sporting Shooters Association.

The Hon. ROBERT BROWN: Yes. They run the ranges on a volunteer basis. But junior football clubs, junior soccer clubs, junior cricket clubs and so on are all supported by volunteers who give of their time freely. We as a society should not only value them; at every chance we get, we should support them, either financially or with our own time. I can go on and name a few more of these organisations, and I think I will. The Hon. Sophie Cotsis mentioned the voluntary organisations that support the hospitals. In a lot of cases, without those voluntary organisations we would not have the sorts of services in those hospitals that we expect. We expect them as taxpayers, but more often than not the hospitals cannot afford some of the things that are provided for them by the volunteers. That idea of a bed race is a fantastic idea. Did the Hon. Sophie Cotsis say they raised $2 million?

The Hon. Sophie Cotsis: Over 20 years, $1 million.

The Hon. ROBERT BROWN: That is fantastic. It raised $1 million in 20 years. That is the sort of thing we like to hear about our volunteer organisations. I commend this motion to the House.

Pursuant to sessional orders business interrupted at 4.00 p.m. for questions.

Item of business set down as an order of the day for a later hour.

QUESTIONS WITHOUT NOTICE ______

M5 WIDENING PROJECT

The Hon. LUKE FOLEY: My question is to the Minister for Roads and Ports. What is the current cost estimate for the expansion of the M5 Motorway? What advice has the Minister received regarding the accuracy of this estimate?

The Hon. DUNCAN GAY: You have got to love the Opposition; it is so predictable. We were having a bet about the first question, and here it is. I have got to tell members and I should—

The Hon. Walt Secord: Point of order: Relevance.

The PRESIDENT: Order! That is not a point of order. 14 June 2011 LEGISLATIVE COUNCIL 2179

The Hon. DUNCAN GAY: You were better advising Kristina, but not much.

The PRESIDENT: Order! The Minister should not push his luck.

The Hon. Greg Donnelly: The Hon. Duncan Gag.

The Hon. DUNCAN GAY: Mr President, I know that you find all interjections unparliamentary, but surely I can answer that one. Stay on message. The fact is I am still waiting for one complaint on that, one phone call, one letter or one email. The Hon. Luke Foley asked a predictable question; it was flagged by the Leader of the Opposition in the other place. I ran into him in the foyer at the lifts and he said to me, "Good work"—

The Hon. Luke Foley: Point of order: The Minister is debating the question. We are almost halfway through his four minutes. I suggest he answer it.

The PRESIDENT: Order! That is not a point of order.

The Hon. DUNCAN GAY: This is relevant because I ran into the Leader of the Opposition in the other place, he shook my hand and he said, "Good work on the M5, Duncan. Good work." Now he may well have been trying to be facetious—one can never tell with Robbo. I replied, "Yep, I did what needed to be done, what you haven't done." Over the years the former Government mucked it up. It made promise after promise, it had consultation after consultation. The former Government had every opportunity to do this, but it did not bring it to fruition.

The Hon. Luke Foley: Are you going to answer the question?

The Hon. DUNCAN GAY: I am answering the question at the moment. The problem is that during that time it cost us $10 million and nothing happened. This Government made a promise that it would start negotiations on the widening of the M5, which it has done. That was our commitment for the 100 days. If we were members of the former Government, we would have stopped then. If it had negotiated and not reached a conclusion, it would have just stopped and done nothing. But we are not the former Government. We got an independent evaluation. We do not want to pay too much. We do not want to extend that contract out for one day longer than we need to.

The Hon. Luke Foley: What is the current cost estimate?

The Hon. DUNCAN GAY: Nor do we want to be putting an unrealistic figure out there that indicates that it would be too low and not be able to get anywhere. So that is why in this situation— [Time expired.]

COUNTERTERRORISM EXERCISE BLACK ANGUS

The Hon. SCOT MacDONALD: My question is to the Minister for Police and Emergency Services. What type of police and emergency services training occurred at Sydney Olympic Park over the past long weekend?

The Hon. MICHAEL GALLACHER: Over the Queen's Birthday long weekend more than 2,000 police and emergency services personnel, community volunteers and members of the Australian Defence Force were involved in a counterterrorism exercise within the Sydney Olympic Park precinct. This important activity was known as Exercise Black Angus and was part of the New South Wales and national preparedness strategy to test our State and national response to acts of terrorism.

The exercise was based on a scenario involving multiple offenders armed with firearms attacking a major sporting facility where people gather en masse. The entire exercise was based on similar styles of attacks that have recently occurred overseas. The exercise had three primary objectives: firstly, to test our ability to treat the wounded and injured with the Ambulance Service of New South Wales establishing its mass casualty arrangements; secondly, to test specific aspects of the investigative response with the establishment of a terrorism investigation reception centre; and, thirdly, to test our ability to resolve the situation using the extensive capabilities of the New South Wales Police Force in conjunction with the resources of the Australian Defence Force.

This style of exercise is vitally important training for our police and emergency services personnel. I would like to highlight the significant contribution of 450 volunteers from the Rural Fire Service, State 2180 LEGISLATIVE COUNCIL 14 June 2011

Emergency Service and other volunteer and community groups who gave their time to ensure this exercise achieved its desired objective. In fact, on Friday night I was at a national medal presentation for members of the State Emergency Service, some distance away from the Sydney metropolitan area, only to be told that their members, upon attending the ceremony on Friday night, were heading down to participate in Black Angus. Without their support the exercise would not have been as realistic for police and emergency services responders.

I understand that, in order to maintain the realism of the exercise, knowledge of the scenario was kept from the exercise participants. Many were not aware that they would be participating in an exercise until they were called to Sydney Olympic Park for a safety briefing. To add further realism, the exercise was not based on the usual scripted schedule of events. Rather it was designed to let the response go where it would have in reality. To assist this realism the role players were fitted with laser-targeting equipment supplied by the Australian Defence Force. This equipment indicated to wearers whether they had been injured or killed by fire from specially adapted weapons.

I can also indicate that in addition to the participants there were approximately 100 observers made up of senior police, emergency services from other States and Territories, owners and operators of critical infrastructure and places of mass gathering, and people from the business community. Their attendance confirms our commitment to engage the business sector on terrorism issues and work with it regarding the development of policy and strategies related to our preparedness, prevention, response and recovery related to acts of terrorism.

I am pleased to inform the House that the exercise was successful. It indicated that our national and State preparedness is sound and that our police, emergency services and Australian Defence Force are first class and highly capable. I thank all of the volunteers who gave of their time to make this exercise realistic for our emergency service personnel. A number of important lessons have been learnt from this exercise. These will be used to guide future policy, procedure, training and exercises to further enhance the safety and security of the people of New South Wales and Australia from the threat of terrorism.

POLICE UNIFORMS

Mr DAVID SHOEBRIDGE: My question is directed to the Minister for Police and Emergency Services. Noting that the New South Wales Police have been prohibited by order from wearing their uniforms while attending a free and public demonstration against the Government's industrial relations laws tomorrow, was the Minister aware of the order to ensure New South Wales Police were not to appear in uniform at tomorrow's rally outside Parliament House and, if so, why is he against police officers being publicly identified as opposing these unfair laws at a public demonstration?

The Hon. MICHAEL GALLACHER: We have simply adopted the former Government's policy in relation to this issue. Members opposite did not want to hear about it when we adopted their wages policy and they do not want to hear about it now we have adopted their policy in relation to the wearing of uniforms at a protest rally. If the member has concerns about the rationale behind this perhaps he should speak to his comrades on that side of the Chamber and get a better understanding of why they put that policy in place in the first place.

Mr David Shoebridge: Point of order: The question was about this Government's reasons, not those of the former Government that lost office.

The PRESIDENT: Order! That is not a point of order. Has the Minister completed his answer?

The Hon. Michael Gallacher: Yes.

M5 WIDENING PROJECT

The Hon. ADAM SEARLE: My question is directed to the Minister for Roads and Ports. Will the Minister meet his 100 Day Action Plan target to complete negotiations on the M5 widening by the end of July?

The Hon. DUNCAN GAY: We have already fulfilled our 100-day target on the M5 widening. Our election obligation was to commence negotiations. We certainly have commenced negotiations but we will do better than that. 14 June 2011 LEGISLATIVE COUNCIL 2181

M5 WEST WIDENING PROJECT

The Hon. JOHN AJAKA: My question is directed to the Minister for Roads and Ports. Will the Minister update the House on the M5 West widening?

The Hon. DUNCAN GAY: The New South Wales Liberals and Nationals made it clear during the election campaign that the widening of the M5 West motorway from four to six lanes between Camden Valley Way and King Georges Road would be a high priority. Unlike Labor, this Government will keep its promise to the people of New South Wales. Labor's criticising the New South Wales Government on the progress of this project after less than three months in office is the height of hypocrisy. For more than two years Labor failed to deliver a satisfactory negotiated outcome with the operator of the M5, Interlink Roads. This had the effect of disrupting project development and approval, resulting in taxpayers having to pay nearly $10 million to Interlink. This money would have helped to get the project up and running. Sadly, these funds disappeared into thin air just like the seven Labor roads Ministers the public had to endure over the past five years.

In order to start cleaning up the mess left by Labor, one of the first things we did after winning office was to instruct the Roads and Traffic Authority to recommence negotiations with Interlink Roads. Unlike Labor, which threw public funds around like confetti, the New South Wales Government is determined to ensure taxpayers get true value for their money.

[Interruption]

We know the Greens like to waste money. Who will ever forget the wasted opportunities and wasted money under Labor? Half a billion was wasted on the CBD to Rozelle metro—$500 million, Eric; $300 million of Federal funding was not utilised for the M4 East extension; and there was a $75 million cost blowout on the Iron Cove Bridge duplication. The list of Labor infrastructure failures is just staggering. While we understand and appreciate that Interlink Roads is trying to get the best deal for its investors and shareholders—and so it should—we are absolutely determined to get the best possible deal for taxpayers. I certainly make no apologies for this approach.

To help broker a satisfactory outcome, the New South Wales Government has taken the responsible step of asking an independent third party to undertake a thorough appraisal of the commercial terms of the widening proposal. I am not surprised that Labor and its cronies have attacked this development. A party that has lost its moral compass has little regard or respect for openness and transparency. Years of dodgy deal-making in dark rooms has turned Labor into a nocturnal beast, an animal that is afraid of the light and of seeing these figures in the light of day.

The M5 West widening project has a capital cost of between $350 million and $400 million, depending on the final scope of works. The New South Wales Government is committed to finalising a value for money agreement with Interlink Roads with a view to completing negotiations by the end of July 2011. We will fund the cost of the project through an extension of the toll concession term and as such there will be no further increase in tolls for cars. Planning approval for the project is currently being progressed separately and will be finalised before the contract is signed. Rather than waiting for one or the other we are moving both forward together, which is another sensible outcome from a sensible Government.

YOUNGER PEOPLE IN RESIDENTIAL AGED CARE PROGRAM

The Hon. JAN BARHAM: My question without notice is directed to the Minister for Finance and Services, representing the Minister for Disability Services. With the funding stream for the Younger People in Residential Aged Care Program due to expire in July this year, what arrangements have been made with the Commonwealth Government to ensure the improvement and continuation of this program? Will the Minister maintain or increase the jointly funded $81.2 million commitment of the first five years of the program during the continuation of the program?

The Hon. GREG PEARCE: I thank the member for another timely question. I will refer it to the Minister and provide her with an answer in due course.

M5 WIDENING PROJECT

The Hon. PENNY SHARPE: My question is directed to the Minister for Roads and Ports. Has the Minister received advice from the Roads and Traffic Authority or Transport NSW regarding the effectiveness of his proposed expansion of the M5 motorway considering that his proposal does not address the constraints of the M5 tunnel? 2182 LEGISLATIVE COUNCIL 14 June 2011

The Hon. DUNCAN GAY: I will take the member's question on notice. The question goes beyond the M5 widening and takes into consideration the M5 East tunnel. There are several projects that we have indicated are of major importance to the people of New South Wales, one of which we would start during this term. To the best of my knowledge, I have seen no conflicting reports on that, but I may not have asked the question as to whether there was one. It is important that I find out whether there is one, but to the best of my knowledge I am unaware of one.

HOUSING AFFORDABILITY

The Hon. JENNIFER GARDINER: My question without notice is directed to the Minister for Finance and Services. Will the Minister update the House about access to affordable housing in this State?

The Hon. GREG PEARCE: I thank the Hon. Jennifer Gardiner for her question. I congratulate her on her sterling performance in the chair during the Committee stage of a recent debate. She made sure that business was expedited and fairly dealt with. It was a very professional and fair handling of the debate.

Access to affordable secure housing is an important building block of our society. This Government is greatly concerned that a significant decline in housing affordability continues to be a very real and significant issue for both homebuyers and renters in New South Wales and across Australia. During the past 16 years under Labor, Sydney earned the unwanted reputation of Australia's least affordable city and of a place that many families and young people find too expensive to live in. People living in Sydney are creative, industrious and resourceful. However, they are working harder just to keep their heads above water.

In 2010 the National Housing Supply Council estimated that the gap between the demand for and the supply of housing was a shortfall of 178,400 dwellings nationally, with the New South Wales undersupply accounting for 57,600 of that shortfall. Over five years to 2014, the gap is projected to grow by a staggering 73 per cent. The biggest driver of Sydney's growing cost of living is the cost of homes. Sydney homebuyers make higher mortgage repayments as a share of disposable income than mortgagors in any other State. After 16 years of the former Labor government in New South Wales, only 64 per cent of Sydney households own their own home, which is less than households in every other Australian capital city except Darwin.

It is clear that there is an urgent need to address the undersupply of affordable housing. The New South Wales Government is putting in place measures to boost the supply of new housing in New South Wales. The New South Wales Government wants home ownership to be more than a dream. We want to make it easier for individuals and families to get into the Sydney housing market and we want to reduce pressure on household budgets from mortgage costs. We want to tackle Sydney's housing stress head-on. That is what the New South Wales Liberal-Nationals Government is doing. The New South Wales Liberal-Nationals Government has instructed Landcom to target the release of 10,000 new housing blocks within four years. The Government passed legislation which will be effective from July 2011 to repeal the homebuyer's tax on property purchases— a tax imposed by the former Labor government—to ease the burden on homebuyers.

To encourage growth throughout New South Wales and to take the price pressure off Sydney's housing supply, the Government will provide a regional relocation grant of $7,000 to assist families who want to relocate to regional areas. Many older homeowners in New South Wales whose children have grown up and left the family home find themselves in housing that is no longer appropriate to their needs because of its size and upkeep requirements. To assist and encourage empty nesters to move to dwellings that are more suitable to their current needs, the Government has introduced the empty nest transfer duty concession to people over the age of 55 years for sales between 1 July 2011 and 30 June 2012. This initiative will assist in unlocking and releasing onto the market a supply of larger housing stock that is suitable to the needs of younger growing families. The Government is committed to assisting the people of New South Wales to access affordable housing.

ONLINE GOVERNMENT SERVICE DELIVERY

The Hon. ROBERT BORSAK: I direct my question to the Minister for Police and Emergency Services, representing the Premier. I refer to the Premier's promise of a one-stop online shop for government service delivery and his plan to turn motor registries into service supermarkets. Will the Premier's promised new web portal— whereby motor registries and the Department of Fair Trading offices could serve as physical one-stop shops conducting any form of State Government business ranging from obtaining fishing licences to extracts of birth, death and marriage certificates—include firearms licence applications and renewals? If not, why not?

The Hon. MICHAEL GALLACHER: I thank the Hon. Robert Borsak for his question. I will obtain an answer from the Premier as soon as is practicable. 14 June 2011 LEGISLATIVE COUNCIL 2183

M5 MOTORWAY TOLL

The Hon. SHAOQUETT MOSELMANE: My question is directed to the Minister for Roads and Ports. Does the Minister stand by his election commitment to maintain the M5 toll until 2023 to pay for his planned extension to the M5 Motorway?

The Hon. DUNCAN GAY: That was not my election promise, but certainly an election promise was made on behalf of the Coalition to widen the M5 Motorway. As part of that promise, negotiations were to begin, and that is what I have done. The end-date depends on the cost. If the cost turns out to be cheaper, the end-date will be closer. If the cost is more expensive, the end-date will be further away. The Hon. Shaoquett Moselmane can make up whatever date he likes, but that was not part of the promise. The promise was to begin negotiations to widen the M5.

AUSTRALIAN FIRE SERVICE MEDAL

The Hon. CHARLIE LYNN: My question is directed to the Minister for Police and Emergency Services. Will the Minister advise the House of the latest Australian Fire Service Medal recipients in the Queen's Birthday Honours list?

The Hon. MICHAEL GALLACHER: It gives me great pleasure to address the House and tell of the honour that has been bestowed on recipients of the Australian Fire Service Medal, which was announced as part of the Queen's Birthday Honours list. The Australian Fire Service Medal is awarded to firefighters who have demonstrated exceptional commitment, leadership, initiative and achievement during their careers. As part of this year's Queen's Birthday Honours, six Rural Fire Service members and three members of Fire and Rescue NSW have been recognised for the valuable contribution made to their communities.

The Australian Fire Service Medal is one of the highest honours an Australian firefighter can achieve and receive. The recipients have demonstrated outstanding dedication, hard work and community service on which firefighting organisations have been built. Some of the recipients have been a part of those organisations for more than 60 years. Indeed, the six Rural Fire Service award recipients have given a total of 250 years service and the three recipients from Fire and Rescue NSW have served for a total of 104 years. Whether in front-line firefighting or in support roles, the men and women of firefighting organisations have gone above and beyond the call of duty in contributing to the protection of our communities.

They do not set out with the intention of receiving honours. They simply have that special disposition—a can-do attitude—along with a service-minded exemplary approach to their work, a desire to help others, and a willingness to make a higher level of commitment. Those qualities in particular seem to typify the people who receive this award. Throughout their service, these dedicated people have been supported by many others, including their families, their friends and employers. On behalf of the people of New South Wales, I extend my thanks to all those who have assisted and supported our award recipients.

It is time for the community to now publicly show its appreciation and congratulations to the following distinguished individuals. From the Rural Fire Service, Judee Bryant, who is the captain of the Durras South Rural Fire Brigade; Jeffrey Cree, who is a firefighter from the Davidson Rural Fire Brigade; Norman Carter, who is the group captain of the Curricabark Rural Fire Brigade; Roy Stacey, who is the President of the Hanwood Rural Fire Brigade; David Hoadley, who is the zone manager of the Canobolas zone; and Grahame Fothergill, who is the group captain of Illawarra Group Three.

From Fire and Rescue NSW, there is John Tapper, who is a station officer and a specialist in the field of breathing apparatus and rendering safe hazardous material incidents; Chief Superintendent Richard Griffiths, who is known as Rick and who is an assistant director of education and training; and Captain Warren Ernest Simmons, who is the commander of the Byron Bay fire crew. On behalf of all the people of New South Wales, I extend sincere congratulations to all those who have been awarded the Australian Fire Service Medal.

BULLBAR REGULATION

The Hon. ROBERT BROWN: My question without notice is directed to the Minister for Roads and Ports. Is the Minister aware that under national road safety rules that are being considered by the Federal Government bullbars could be banned on passenger cars in line with European-style changes to laws? Is it a fact that in its submission to the Federal Government, the Roads and Traffic Authority asked that any new 2184 LEGISLATIVE COUNCIL 14 June 2011

regulations be made retrospective to include all bullbars fitted from January 2010? Does the New South Wales Government support a ban on bullbars, particularly in rural and regional areas? Will the Minister commit to referring this matter to the Joint Standing Committee on Road Safety before making further submissions to the Federal Government?

The Hon. DUNCAN GAY: No, I am not aware of the changes, but I am surprised and concerned by the honourable member's statements. I will certainly find out whether those suggestions are valid. Three weeks ago I returned from Alice Springs, where I signed off on road safety and the national road freight regulator. However, I am not aware of the issues that have been raised by the Hon. Robert Brown being discussed at that time. As members know, I have a bar, as do most country people, to protect my vehicle. It is not the sort of bar that the former member for Murray-Darling used to have—the one that is always open. Some bullbars create issues about which people can be concerned, such as protruding objects, which leave a lot to be desired as far as pedestrian safety is concerned. Many contemporary bullbars, whether they are bullbars, roo bars or safety protection bars—

The Hon. Eric Roozendaal: Nudge bars?

The Hon. DUNCAN GAY: Nudge bars, exactly. They have all come a long way and certainly have a role to play in protecting vehicles. For many years I have done the belt and braces on my cars travelling across regional New South Wales by having a nudge bar and a Shoo Roo.

The Hon. Greg Donnelly: What about winches?

The Hon. DUNCAN GAY: I do not need a winch because I do not go off-road. Government vehicles are not allowed to be used off-road. On one occasion we had the Shoo Roo on the vehicle and I am disappointed to say that the kangaroos ignored it. Luckily we also had the other bar.

The Hon. Greg Donnelly: And the spotties?

The Hon. DUNCAN GAY: The spotties did not help me on that occasion, but they are good late at night. Sixteen years of neglect of New South Wales roads—

The Hon. Mick Veitch: That's your eyesight.

The Hon. DUNCAN GAY: The Hon. Mick Veitch is right. One does not need spotties to find some of the holes in the roads in New South Wales, they are that big after 16 years of neglect. In answer to the question, I will make it my business to find out what is occurring and respond to the member because I share his concerns.

M5 MOTORWAY WIDENING PROJECT

The Hon. HELEN WESTWOOD: My question without notice is directed to the Minister for Roads and Ports. Will the plans to extend the M5 motorway be reviewed by Infrastructure NSW? If so, will the Minister commit to ensuring that the plans submitted to Infrastructure NSW are made public? If not, why not?

The Hon. DUNCAN GAY: The answer is no because Infrastructure NSW does not play a role in relation to this matter. The plans, which are in place, were developed before the implementation of Infrastructure NSW. This was a commitment by the previous Government on which it failed to deliver. It is a bit rich trying to ask me questions on this matter. The person who is most responsible is the Leader of the Opposition. Robbo failed to deliver—

The Hon. Adam Searle: Point of order: The Minister is reflecting on a member of the other House.

The PRESIDENT: Order! That is not a point of order.

The Hon. DUNCAN GAY: That is the only time we see any animation from those opposite. They are a disorderly Opposition.

The Hon. Eric Roozendaal: Point of order: The member is clearly debating the question. He is not being relevant in his answer. If he wants to debate the matter, he should do so by way of substantive motion. Incidentally, it took him 16 years to be able to hold up his little sign. 14 June 2011 LEGISLATIVE COUNCIL 2185

The PRESIDENT: Order! I remind the Minister of the need for him to be generally relevant.

The Hon. DUNCAN GAY: The question they should ask—

The Hon. Eric Roozendaal: Point of order: The member is now clearly flouting the previous ruling. He is again debating the question. The Minister was asked a specific question. I ask that you, Mr President, make sure he is relevant with his answer and not start telling us what questions he would like to answer. Just because he does not know the answer is not an excuse.

The PRESIDENT: Order! I remind the Minister that he should not debate the question.

The Hon. DUNCAN GAY: The great problem with the M5 is that it has not been extended already, not whether Infrastructure NSW, which the previous Government did not have the wit to put in place, is overseeing the project. The question that should have been asked is: Why did Robbo not put it in place in the first instance?

The Hon. Eric Roozendaal: Point of order: I will continue to take points of order. Yet again the Minister is debating the question. He was asked whether Infrastructure NSW was in charge of this project. Now he is going off on another tangent that is not within a bull's roar, or even within a cat's meow, of the original question. I ask that he be directed to stay relevant to the question and stop dismissing it.

The PRESIDENT: Order! I again remind the Minister of the need for him to be generally relevant and not to debate the question.

The Hon. DUNCAN GAY: I answered the question in the first few minutes.

The Hon. Eric Roozendaal: Then sit down.

The Hon. DUNCAN GAY: Additional information needs to be given. The important information that I have not given is that the Hon. Eric Roozendaal is a failed Minister for Roads. Why did he not do it? He is going to collect his superannuation and he has done nothing.

The Hon. Helen Westwood: Point of order: My point of order is relevance. My question was very specific: it asked whether the plans were going to be reviewed by Infrastructure NSW and whether they were going to be made public.

The PRESIDENT: Order! The Minister's answer needed to be generally relevant. The Minister's time in which to answer the question has expired.

ROADS BLACKSPOT FUNDING

The Hon. MELINDA PAVEY: My question is addressed to the Minister for Roads and Ports. Will the Minister update the House on the Government's $200 million commitment to help fix blackspots and ease traffic congestion?

The Hon. DUNCAN GAY: What a fine question. Blackspot funding is an important issue. As promised during the election, the New South Wales Coalition Government has committed an extra $200 million to the roads budget to help fix blackspots and reduce congestion on our roads. The extra funding will be prioritised for local projects that, first, improve road safety by fixing blackspots and well-known regional death traps and, second, reduce travel times, relieve congestion and upgrade road quality—all factors that will help improve economic productivity in New South Wales. The Government will not stand idly by while people die at blackspots on our roads. Furthermore, while Labor was lazy about addressing traffic congestion, we are prepared to start fixing problems with real ideas and real money. I was appalled over the long weekend when watching Channel 7 News to hear the Leader of the Opposition criticise the Government about this $200 million initiative. The Leader of the Opposition in the other place had the audacity to say on national television:

… politicians should be taking the advice of the bureaucrats, especially when they are experts.

This Government does take the advice of experts but, unlike the previous Government, it also takes the time and effort to conduct its own research, including listening carefully to local communities. We work with experts; we 2186 LEGISLATIVE COUNCIL 14 June 2011

do not hide behind them. I wonder whether Robbo has ever listened carefully to the concerns of Bill and Jan McFeeters, who own and run a car museum in Forbes near an intersection on the Newell Highway. The Opposition would have us believe that this intersection does not warrant $250,000 in funding towards the construction of a turning lane from the Newell Highway into Oxford Street. Bill and Jan, who work at the museum seven days a week, say that this intersection is dangerous because near misses occur there each week.

Just recently a semitrailer nearly ran up the back of the local school bus as it slowed to turn off the highway. Smoke could be seen billowing from the brakes of the prime mover. I wonder whether Robbo had bothered to go to the effort of finding out that in early 2000 a couple were killed at this intersection. I wonder whether Robbo was aware that a lot of traffic from north Forbes uses this intersection to reach the local hospital on Camp Hill. I wonder whether Robbo knows that this is the only part of the Newell Highway near Forbes that does not have a turning lane.

The Hon. Penny Sharpe: Point of order: What hurts and what is wrong is that the Deputy Leader of the Government continues to refer to a member in another place not by his appropriate title, and I ask him to do so. If he continues to do it, it is simply out of order.

The PRESIDENT: Order! I remind the Minister that he should refer to members of the other place by their proper titles.

The Hon. DUNCAN GAY: I wonder whether the Leader of the Opposition in the other place was aware that a lot of the traffic from north Forbes uses this intersection to reach the local hospital on Camp Hill, and whether he knows that this is the only part of the Newell Highway near Forbes that does not have a turning lane. But wait—this issue affects people west of the divide. Little wonder that the Leader of the Opposition in the other place has no idea, no interest and no concern. Given that Country Labor is dead, that Tony Kelly has left this place— [Time expired.]

SHENHUA WATERMARK COALMINE

The Hon. JEREMY BUCKINGHAM: My question without notice is addressed to the Minister for Finance and Services, and Minister for the Illawarra, representing the Minister for Planning and Infrastructure, and Minister Assisting the Premier on Infrastructure NSW. Did the Minister for Planning and Infrastructure receive a letter from the Deputy Premier and Leader of The Nationals, Andrew Stoner, that stated that the Shenhua environment assessment process should not be held up by the yet to be completed Namoi water study and that the Deputy Premier believed the project to be a high priority that should be progressed along the assessment path as quickly as possible?

The Hon. GREG PEARCE: I know The Greens think that I am a man of great capacity.

The Hon. Jeremy Buckingham: Point of order—

The Hon. Eric Roozendaal: That's your mum.

The PRESIDENT: Order! The Minister will proceed with his answer.

The Hon. GREG PEARCE: My mum has great capacity, too, because she gave birth to me. I think we should all join in cheering my mum for giving birth to me, because she has made a remarkable contribution. I have not seen her for a little while; I will ring her tonight because I have not spoken to her for a while.

The Hon. Jeremy Buckingham: Point of order: My point of order is relevance. As interesting as the Minister's creation and genetics are, I think the people of New South Wales are more interested in this question and the Premier's involvement in the approval of the Shenhua watermark project.

The PRESIDENT: Order! I remind the Minister of the need for him to be generally relevant with his answer at all times.

The Hon. GREG PEARCE: The question asked me about my knowledge of a letter from one Minister to another. As I said, I have a remarkable capacity but I do not know of every piece of correspondence between Ministers. I do not even know of the correspondence that the Hon. Jeremy Buckingham might write to other Ministers. It is good green tie day today. It is unfortunate that the Hon. Cate Faehrmann is not here—she has 14 June 2011 LEGISLATIVE COUNCIL 2187

been held up like many other people. That is when we see the Hon. Jeremy Buckingham put on his best tie and make his bid for leadership of The Greens. We are prepared to support him. I will get an answer to that question for the member.

PUBLIC SECTOR INDUSTRIAL ACTION

The Hon. SOPHIE COTSIS: My question is directed to the Minister for Finance and Services. Will the Minister commit to ensuring that New South Wales teachers, nurses and emergency service workers do not have any limitations imposed on their right to industrial action by the Government?

The Hon. GREG PEARCE: I thank the member for her question and for her contribution today to the legislation the Parliament has passed to allow us to give effect to the wages policy introduced by the previous Labor Government. In particular, I praise the Hon. Eric Roozendaal for his role in the formulation of that policy.

The Hon. Sophie Cotsis: Point of order: I have asked an important question. Some 400,000 public sector employees want an answer to the question.

The PRESIDENT: Order! The Minister will be generally relevant in his answer.

The Hon. GREG PEARCE: I was responding to the question about wages policy, and I thought I was fairly pointing out the contribution that the Hon. Eric Roozendaal made as Treasurer in continuing the policy introduced in 2007. The Hon. Eric Roozendaal is nodding his head because he knows—

The Hon. Lynda Voltz: Point of order: My point of order is relevance. The question was specifically about industrial relations. It is not for the Minister's fantasies about what he thinks our role is with the Industrial Relations Commission.

The PRESIDENT: Order! The answer should be relevant to the question asked. However, the relevance provision is not necessarily breached where there is some level of generality. I remind the Minister that it is necessary to be generally relevant at all times.

The Hon. GREG PEARCE: That is a very good ruling. Public sector salaries is a significant issue. Our Government is committed to ensuring that our public servants are valued and are provided with the tools they need, going into the future, to provide the services that the people of New South Wales are entitled to expect from their public service. As we have seen over the past seven or so years, pay increases were granted across the public sector—

The Hon. Sophie Cotsis: Point of order: The question is about New South Wales teachers, nurses and emergency services workers—

The PRESIDENT: Order! What is the member's point of order?

The Hon. Sophie Cotsis: My point of order is relevance. The Minister has to answer the question.

The PRESIDENT: Order! There is no point of order.

The Hon. GREG PEARCE: I cannot see how I can be more relevant to a question on wages.

The PRESIDENT: Order! The Minister will proceed with his answer.

The Hon. GREG PEARCE: As I said, I am happy to take the House through in great detail the history of the wage increases that have been awarded to our public servants.

The Hon. Adam Searle: Point of order: The question asked by the Hon. Sophie Cotsis was about access to industrial action by public sector employees. The Minister's answer has not touched on that.

The Hon. John Ajaka: To the point of order: Even if the Minister was being generally relevant, on occasions he has not been able to complete one sentence without drawing a point of order from the Hon. Sophie Cotsis.

The PRESIDENT: Order! The time for the Minister's answer has expired. 2188 LEGISLATIVE COUNCIL 14 June 2011

WORKPLACE HEALTH AND SAFETY

The Hon. RICK COLLESS: My question is addressed to the Minister for Finance and Services. Will the Minister update the House on how the Government is helping employees to comply with their workplace safety and workers compensation obligations?

The Hon. GREG PEARCE: I thank the member for his interest in this important area. The Government is dedicated to keeping workplace safety at the forefront of everyone's mind. All workers have the right to a safe and secure working environment and to return home safely at the end of each working day. To this end, I congratulate the 18 work health and safety inspectors who recently graduated from WorkCover's nationally accredited new inspector training program. I had intended to attend the graduation ceremony but we were all diverted by the speeches from The Greens.

I congratulate those 18 work health and safety inspectors because they join a group of elite professionals who comprise the largest inspectorate in Australia. I am sure the Hon. Peter Primrose is interested in the fact that those graduates have completed a Diploma of Government Workplace Inspection as part of a two-year on-the-job training program which involved formal face-to-face training, field-based experience and placement in WorkCover's strategic investigation unit. I mention that to the Hon. Peter Primrose because I recall his great interest in education at one stage of his career.

[Interruption]

Have a chat to him. The inspectors are based at metropolitan and regional WorkCover offices across New South Wales and will work across a range of industry sectors, including construction, transport, manufacturing, agriculture, health, hospitality, retail—

The Hon. Luke Foley: John, bail him out again. Just run the clock down.

The Hon. GREG PEARCE: I will come back to this interesting point. Each graduate now possesses the knowledge and skills to help New South Wales businesses manage and improve their workplace safety, injury management and workers compensation responsibilities, which is important. Inspectors perform both prevention and response roles using a range of strategies and tools from the provision of information, advice and assistance through to the application of sanctions via enforcement when appropriate. Members of the Opposition are so interested. I love it when they are paying attention, they are quiet and they are listening to an answer. The prevention role sees inspectors taking a practical, solutions-focused approach to educate industry, employers and workplaces about their compliance requirements.

[Interruption]

Opposition members should calm down as I do not think I will have time to finish my answer. Inspectors also provide education and advice to ensure safe systems of work are in place to prevent workplace injury and illness. Inspectors have access to the wealth of practical guidance material introduced by WorkCover to help build the capacity of employers and workers to eliminate or minimise workplace safety risks. By effectively engaging with industry to build its capability to manage workplace safety risks, inspectors help to prevent injuries and fatalities in New South Wales workplaces. [Time expired.]

The Hon. RICK COLLESS: I ask a supplementary question. Will the Minister elucidate his answer?

The Hon. GREG PEARCE: I thank the Hon. Rick Colless and all members of this House for their interest in this important point. I have already congratulated the 18 work health and safety inspectors who recently graduated. The inspectorate is focused also on increasing worker awareness, reaching out to workers to show them how to make positive contributions to their own workplace safety. While WorkCover is focused on providing advice and assistance to employers, it will also pursue those who do not do the right thing. Where unacceptable risks are present in a workplace and when duty holders disregard their occupational health and safety, workers compensation or injury management obligations, inspectors will apply the appropriate sanctions available.

As New South Wales moves towards harmonised work health and safety legislation, the role of the inspector will take on an even greater significance. They will be at the forefront of efforts to educate and assist employers and employees to adapt to the requirements of the new harmonised work health and safety 14 June 2011 LEGISLATIVE COUNCIL 2189

legislation. Finally, I congratulate Inspector Nathan McDonald who received the Robert Young Memorial Award. The award recognises outstanding achievement in assessment work, participation in class, contribution to the learning of others and commitment to the goals of work health and safety and WorkCover. I am confident that this group of graduates will make an important contribution to WorkCover's frontline services in workplace health and safety, injury management and workers compensation. I am sure all members join me in congratulating those 18 graduates and wishing them all the best in their future careers.

INTERNET SAFETY

The Hon. PAUL GREEN: My question is addressed to the Minister for Roads and Ports, representing the Minister for Education. Is the Minister aware that approximately 38 per cent of Australian households do not have parental controls or safety programs in place on their family computers? Is the Minister aware that 60 per cent of Australian primary school students communicate with their friends online? Is the Minister aware that Australian children are the highest users of email at 28 per cent compared to the one-in-five global average? Given those statistics, will the Minister indicate whether provisions are in the New South Wales primary school syllabus to ensure that all New South Wales primary schoolchildren are educated in internet safety programs? If not, why is that type of program not taught in our primary schools?

The Hon. DUNCAN GAY: I thank the Hon. Paul Green for this important question which highlights the fact that 60 per cent of Australian primary school students use the internet. Those statistics are alarming but in other respects it is exceptional that so many young people have access to this great resource, provided it is used properly and safety controls are put in place. I do not have the answer to this important question but I will refer it to the Minister for Education and obtain a detailed answer.

PUBLIC SECTOR INDUSTRIAL ACTION

The Hon. WALT SECORD: My question is directed to the Minister for Finance and Services. Is the Minister aware of reports today that the Premier's office has issued instructions to department heads to refuse requests for leave that coincide with industrial action by civil servants? What action will the Minister take to maintain the rights of New South Wales public servants to protest?

The Hon. GREG PEARCE: Did everybody not enjoy that article on Walt in the Sunday Herald? I thought it meant he was making a run for the leadership. It was a lovely article.

The Hon. Eric Roozendaal: Point of order: The Minister, a repeat offender, continues to debate the question. He is not being relevant to the question that was asked of him; he is attacking the Hon. Walt Secord who asked the question. I ask you to rule him out of order and to ask him to stay relevant to the question.

The PRESIDENT: Order! The Minister for Finance and Services is clearly not debating the question. It is too soon for me to form a judgement as to whether other standing orders are being breached. The Minister may proceed.

The Hon. GREG PEARCE: The question I was asked was whether I was aware of reports. Yes, I have my Blackberry with me and I have seen the reports. I could leave it there as I suppose that is an answer to the question. However, I want to address the good article I saw in the newspaper about the Hon. Walt Secord because it was more interesting to me than today's reports which simply repeated—

The Hon. Luke Foley: Jealousy is a curse. No-one has ever thought of doing a profile piece on you, Greg.

The Hon. GREG PEARCE: In 1983 I had a profile piece done on me in the Good Weekend magazine—a feature article on the Class of 77. We had our photograph taken–

The Hon. Adam Searle: Point of order: The Minister continues not to be relevant. The question that was asked related to the action he would take to maintain the rights of public servants to protest. The Minister has not gone anywhere near giving an answer to that question.

The PRESIDENT: Order! I remind the Minister and the Leader of the Opposition that interjections are disorderly at all times. The Minister has the call. 2190 LEGISLATIVE COUNCIL 14 June 2011

The Hon. GREG PEARCE: I should not be distracted by the Leader of the Opposition, other than to congratulate him on his promotion. But the 1983 Good Weekend magazine pictured on its front cover the class of 77. And guess who was in the photo, besides me—Malcolm Turnbull. That is what research can do. Tony was not in the article because he was actually a year below Malcolm and me. So, whilst we were sparring at university in those days, Tony was not in that article.

The Hon. Luke Foley: They've been going backwards since 1983.

The Hon. GREG PEARCE: We will go forward from there. The reports this morning confirm that we are doing exactly what the Labor Government, under the mates of those opposite, did. This is your policy. That is what we are doing. I am very keen to see people with conviction act on their conviction. And so, if there are people who are genuinely concerned and understand what has happened, let them go on strike and let them show some conviction.

The Hon. MICHAEL GALLACHER: As the time for questions has expired, I suggest that members put any further questions on notice.

BULLBAR REGULATION

The Hon. DUNCAN GAY: Earlier in question time the Hon. Robert Brown asked me a question without notice on bullbars. I am informed that in February 2011 the Hon. Catherine King, Federal Parliamentary Secretary for Infrastructure and Transport, released a draft regulatory impact statement proposing the adoption of an internationally agreed standard to improve pedestrian safety by making vehicles more energy absorbing. This regulation was proposed to be phased in from 2013 to 2019. The proposal was not to ban bullbars; it recognised the safety benefits of bullbars and proposed standards for their use. Due to strong feedback through the consultation phase, it was decided that the proposal is not appropriate to the conditions of Australia and the proposal was withdrawn. The Department of Infrastructure and Transport is now consulting with interested parties on options to improve pedestrian safety.

DEFERRED ANSWERS

The following answers to questions without notice were received by the Clerk during the adjournment of the House:

KOSCIUSZKO NATIONAL PARK FERAL ANIMALS

On 4 May 2011 the Hon. Robert Borsak asked the Minister for Roads and Ports, representing the Minister for Primary Industries, a question without notice regarding Kosciuszko National Park feral animals. The Minister for the Environment provided the following response:

No toxicants (poisons) have been used as part of any baiting trials conducted to date.

The NSW National Parks and Wildlife Service (NPWS) is undertaking research trials to test new methods for the humane and cost-effective control of feral deer and feral goats at selected sites within national parks and reserves in southern NSW. In this area, pest animals such as feral deer and feral goats are damaging fragile vegetation, removing ground cover and compacting soils, thus impacting on the integrity of important ecosystems within the parks.

As part of these approved research trials, a number of lure and bait presentation methods have been investigated. The research has clearly identified a target specific approach for luring deer and goats within park boundaries to a series of defined localities. Current research has focussed on the ability to deliver a suitable toxicant to deer and goats in a target specific manner.

The impacts caused by feral deer and feral goats have been listed as Key Threatening Processes in Schedule 3 of the NSW Threatened Species Conservation Act 1995. Feral deer have also been nominated as a Key Threatening Process under the Federal Environment Protection and Biodiversity Conservation Act 1999.

The research trials have been approved by the NSW Office of Environment and Heritage (OEH) Animal Ethics Committee (AEC), members of which include the Royal Society for the Prevention of Cruelty to Animals (RSPCA). The Chief Scientist of the RSPCA has also provided written advice confirming that they support and sanction these trials.

A range of toxicants have been assessed as part of the project, with cyanide being supported for future trials by the OEH Animal Ethics Committee and most importantly by the RSPCA. Use of cyanide for the control of pest animals is widely supported across the world as a humane and effective toxicant (poison) due to its rapid mode of action. The delivery method developed by OEH researchers ensures a high degree of target selectivity when administering toxicants. Any pest animal control works of this nature will be limited to national parks and reserves where ecological damage to native biodiversity and natural heritage by feral deer and goats is considered unacceptable.

14 June 2011 LEGISLATIVE COUNCIL 2191

The use of cyanide in the research trail will be subject to the approval of the Australian Pesticides and Veterinary Medicines Authority (APVMA). Should the trial proceed, the South East Livestock Health and Pest Authority will be kept informed of the results.

I am advised that the Game and Feral Animal Control Act 2002 does not apply to any activity carried out on national parks or reserves. Similarly, I am advised that the Act does not apply to any National Parks and Wildlife staff member or any current or proposed control activities using lures or baits relating to the control of feral deer on national parks and reserves.

THE GREENS POLICIES

On 6 May 2011 the Hon. Robert Borsak asked the Minister for Roads and Ports, representing the Minister for Primary Industries, a question without notice regarding The Greens policies. The Minister for Primary Industries provided the following response:

The Honourable Duncan Gay has adequately answered this question in the House.

MURRAY-DARLING BASIN

On 6 May 2011 the Hon. Robert Brown asked the Minister for Roads and Ports, representing the Minister for Primary Industries, a question without notice regarding the Murray-Darling Basin. The Minister for Primary Industries provided the following response:

Yes, the NSW Government is aware of the research report, titled Climate Change: Science and Solutions for Australia.

The report is freely available on the CSIRO website.

I encourage people to read the report and form their own opinion on the subject.

GOVERNMENT ADVERTISING

On 9 May 2011 the Hon. Penny Sharpe asked the Minister for Finance and Services a question without notice regarding Government advertising. The Minister for Finance and Services provided the following response:

Media expenditure by Government Departments for the period 26 March to 9 May 2011 was $7,460,190. Media expenditure included campaigns for NSW Health, the RTA and Tourism NSW.

The Department is unable to advise on any advertising costs incurred by Government Departments other than media costs.

CLARENCE RIVER RECREATIONAL FISHING

On 9 May 2011 the Hon. Robert Brown asked the Minister for Roads and Ports, representing the Minister for Primary Industries, a question without notice regarding Clarence River recreational fishing. The Minister for Primary Industries provided the following response:

The productivity of the Clarence River has been variable over the past 12 months given the floods in the area and their possible impact on catch size. However, the Clarence River has a long history of being a very productive estuary, and it is important to both recreational and commercial fishers.

I am advised that the latest available scientific data indicates that current commercial catch rates of sand whiting are stable throughout NSW.

I have received representations regarding this matter and have asked the Department of Primary Industries to investigate further.

SHENHUA WATERMARK COALMINE

On 9 May 2011 the Hon. Jeremy Buckingham asked the Minister for Roads and Ports, representing the Minister for Resources and Energy, a question without notice regarding Shenhua Watermark coalmine. The Minister for Resources and Energy provided the following response:

These questions fall under the portfolio administration of the Minister for Planning.

NEWCASTLE FREE CENTRAL BUSINESS DISTRICT SHUTTLE

On 10 May 2011 the Hon. Helen Westwood asked the Minister for the Hunter a question without notice regarding the Newcastle free Central Business District shuttle. The Minister for the Hunter provided the following response:

I can advise the House the Newcastle free shuttle bus operates as a one-way loop around the Newcastle CBD seven days a week. On weekdays, services operate every 20 minutes between 9am and 2.40 p.m., and on weekends services operate every 20 minutes between 9am and 5.40 p.m.

The service was funded by the previous Government for a 12-month period.

Transport decisions by the O'Farrell Government will be made properly and carefully, with a focus on customer service and integration of public transport services.

With respect to the future of the service I would encourage the community to display their support for it by using it.

2192 LEGISLATIVE COUNCIL 14 June 2011

WORKERS COMPENSATION HARMONISATION

On 11 May 2011 Mr David Shoebridge asked the Minister for Finance and Services a question without notice regarding workers compensation harmonisation. The Minister for Finance and Services provided the following response:

Australian states and territories are working together to deliver consistent and improved management of workers compensation matters across the country through representation on national committees.

Safe Work Australia has developed a National Workers Compensation Action Plan 2010-13, which specifically identifies opportunities for improved management of work related injuries, illnesses and fatalities across Australia.

DECENTRALISATION

On 11 May 2011 the Hon. Robert Borsak asked the Minister for Police and Emergency Services, representing the Treasurer, a question without notice regarding decentralisation. The Treasurer provided the following response:

(1) I am advised that the data quoted represent the most recent official New South Wales population projections for Sydney and regional New South Wales, published by the Department of Planning in 2008.

(2) The Government has announced a range or programs it will implement to assist people to live and work in regional New South Wales. Under the Government's Jobs Action Plan, 40 per cent or 40,000 of the 100,000 new jobs to be provided with a payroll tax rebate of $4,000 per full time employee will be in regional New South Wales. In addition, the Government will introduce a Regional Relocation Grant of $7,000 to encourage individuals and families to move from Sydney to regional New South Wales. These initiatives will be complemented by the services and programs of the Department of Trade and Investment, Regional

Infrastructure and Services to facilitate establishment and expansion of businesses in the regional areas of the State.

FOOD AND FIBRE EDUCATION

On 11 May 2011 the Hon. Robert Borsak asked the Minister for Roads and Ports, representing the Minister for Education, a question without notice regarding food and fibre education. The Minister for Education provided the following response:

A 2001 national schools survey conducted by the Kondinin Group found that 88% of the 500 randomly selected Year 5 students surveyed have never visited a farm and 76% do not know a farmer.

Much has happened in recent years to raise awareness amongst students about sustainability and food and fibre practices.

The NSW Department of Education and Communities is developing a Sustainability Education and Management Policy for government schools. It is anticipated that the new policy will raise the profile of sustainability in general.

Furthermore, many NSW syllabuses currently provide students with opportunities to learn about sustainable food and fibre.

Sustainability will be a cross-curriculum focus in the Australian curriculum which is due to be implemented from 2012.

It is vital for students from Kindergarten to Year12 to understand and appreciate the importance of food and fibre, and how it is produced. This will be achieved through strong and well constructed curriculum and programs available to all students throughout NSW.

The NSW Department of Education and Communities will continue to work towards increasing awareness of the sustainable agricultural activities of NSW farmers among NSW students.

PACIFIC HIGHWAY UPGRADE

On 12 May 2011 the Hon. Tony Kelly asked the Minister for Finance and Services, representing the Treasurer, a question without notice regarding the Pacific Highway upgrade. The Minister for Roads and Ports provided the following response:

I am advised:

The Federal Government has expressed an intention to complete the dual carriageway upgrade of the Pacific Highway by 2016. The New South Wales Government has stated its support for the Federal Government's target.

The New South Wales Government is currently in discussions about the recent offer of extra funding from the Federal Government.

EXTRACTIVE INDUSTRY PROPOSALS

On 12 May 2011 the Hon. Jeremy Buckingham asked the Minister for Finance and Services a question without notice regarding extractive industry proposals. The Minister for Planning and Infrastructure provided the following response:

The Government will introduce a bill to repeal part 3A of the Environmental Planning and Assessment Act which will include a new regime for the assessment and determination of projects of genuine State significance.

14 June 2011 LEGISLATIVE COUNCIL 2193

The Department of Planning and Infrastructure will continue to assess current mining, petroleum and extractive industry projects as well as other projects that have had director-general's requirements issued.

However, decision making for these projects will be at arm's length from the Minister and will be undertaken by the Planning Assessment Commission or the Department of Planning & Infrastructure under delegation for non-controversial projects.

The changes to the approval process for such projects will not be retrospective. In addition, no new project declarations under part 3A have been made since 3 March 2011.

The Government is currently working to develop new arrangements for such projects and intends to introduce legislation in this session.

Transitional arrangements for existing projects, including mining, petroleum and extractive industry projects, will be confirmed as part of the repeal of part 3A.

Questions without notice concluded.

INDUSTRIAL RELATIONS AMENDMENT (PUBLIC SECTOR CONDITIONS OF EMPLOYMENT) BILL 2011

Protest (Standing Order 161)

The PRESIDENT: I announce the receipt this day from the Leader of the Opposition of the following protest under Standing Order 161 against the passage of the Industrial Relations Amendment (Public Sector Conditions of Employment) Bill 2011:

Protest against the passing of the bill titled "An Act to amend the Industrial Relations Act 1996 to require the Industrial Relations Commission to give effect to certain government policies on public sector conditions of employment; and for related purposes."

Dissentient:

(1) Because this bill involves an historic diminution of conditions for public service workers in New South Wales.

(2) Because the bill if enacted will give unfettered power to the Government and takes away the ability to appeal to any independent arbitrator.

(3) Because in order to ensure the passing of this bill the Government used the gag three times in the Legislative Council, something that has not been used for 105 years, and passed new instructions to the Committee of the Whole House to limit the proper and democratic expression of members, something that has never been used before.

LUKE FOLEY

Legislative Council Chamber 14 June 2011

Pursuant to standing orders a copy of the protest was forwarded to Her Excellency the Governor.

Pursuant to sessional orders debate on committee reports proceeded with.

SELECT COMMITTEE ON RECREATIONAL FISHING

Report: Recreational Fishing in New South Wales

Debate resumed from 30 May 2011.

The Hon. ROBERT BROWN [5.04 p.m.], in reply: I will not go over the grounds that I covered in speaking to the take-note debate on the inquiry into recreational fishing in New South Wales. Once again, my heartfelt thanks to the members of the Select Committee on Recreational Fishing from all sides of the political spectrum. The committee's inquiries took it over a big geographic area, with much time spent travelling in uncomfortable conditions on very small buses. I thank all honourable members for their contributions. I reiterate my special thanks to the parliamentary staff who accompanied the committee in its travels. They too had to endure the same sorts of conditions, as did Hansard. I commend the report and ask that the Government give it all due regard.

Question—That the House take note of the report—put and resolved in the affirmative.

Motion agreed to. 2194 LEGISLATIVE COUNCIL 14 June 2011

GENERAL PURPOSE STANDING COMMITTEE NO. 1

Report: The Gentrader Transactions

Debate resumed from 30 May 2011.

Dr JOHN KAYE [5.07 p.m.]: On behalf of The Greens, I support the gentrader transactions report of General Purpose Standing Committee No. 1, which was tabled in February 2010 in the lead-up to an election. I do so not just because of the findings of the inquiry, which were important in and of themselves, and were a major contributor to the debate about the electricity industry, to the debate that led up to the election, and to the debate about privatisation in general, but also because The Greens support the fact that this inquiry happened— the fact that the inquiry was able to conclude and produce a report despite attempts to shut it down by the then Government. The previous Government, in the first instance, prorogued Parliament in order to stop the inquiry happening. In doing so, it inflicted more pain on itself than on its opponents, and certainly more pain on itself than it did to prosecute its unprosecutable case to prevent the gentrader inquiry.

In the second instance, having prorogued Parliament to stop the inquiry happening, the then Premier set about threatening key witnesses with legal action if they gave evidence before the inquiry. Despite the fact that the inquiry was cut off from key witnesses—former directors of the State-owned electricity generators who resigned in protest at the electricity privatisation—despite the attempt to shut down the inquiry by the proroguing, the inquiry did go ahead. It uncovered a number of key ingredients of the gentrader transaction that created a very strong argument that this was not only a bad privatisation, but also an exceptionally bad giving away of public assets, a loss of public value in the electricity industry from which the only recovery could be in fact reversing the transaction entirely. The inquiry did so because of its absolute determination to get to the bottom of the gentrader transactions, and the dedication of the committee staff. I take this opportunity to thank the staff, in particular Teresa McMichael, Cathryn Cummins, Stewart Smith, Christine Nguyen and Lynn Race.

Reverend the Hon. Fred Nile: Hear! Hear!

Dr JOHN KAYE: Yes. They worked exceptionally hard under what I think would have been extremely difficult circumstances for an inquiry that was under enormous political pressure. I thank also the Clerk of the Parliaments, Lynn Lovelock, and the then President of the Legislative Council, Amanda Fazio, for behaving in exemplary fashion. I did not agree with the decisions they made in respect of subpoenaing witnesses, but I put on record that they both behaved in a way that I think reflected very well on themselves and on this Parliament, and both behaved in a way that was entirely supportable and argued from logic. I congratulate all those involved with the inquiry.

It is important to put on record the key findings of the inquiry. These findings were not known when the inquiry began and were matters that those of us who had been campaigning strongly against electricity privatisation in New South Wales had only a vague inkling of. The first revelation was the availability liquidated damages, the so-called ALDs. That is a complex name for a process that means the owner of the generator maintains responsibility for the economic losses of the gentrader when an outage in the generator equipment causes the gentrader not to be able to fulfil a contract. It was admitted by Mr Kim Yeadon, a former Minister in the Carr Government, that in any one year the availability liquidated damages could soak up all the payments from the gentrader to the people of New South Wales. That is to say, it could be a zero benefit transaction for the State on the availability liquidated damages alone if the generator outages occurred at the wrong time.

Effectively, this means that the people of New South Wales have suffered the ultimate privatisation indignity: the massive profits that can be made from selling electricity into a competitive market have been privatised and the losses have been kept with the Government. The people of New South Wales have been cut off from the high spot price periods, the benefit of which now passes to the privately owned gentraders. In return, when there is an availability outage during the high price periods the people of New South Wales pay the costs. The availability liquidated damages effectively should have been enough to get rid of this transaction entirely. The former Government stands condemned for knowing about the availability liquidated damages, knowing about their potential economic consequences and for ignoring them.

Secondly, we uncovered information about Cobbora coalmine and the multibillion dollar underwriting of coal contracts required by that coalmine. Cobbora remains a stain on the previous Government's record not just because it failed to understand that the coal contracts with the existing publicly owned generators were 14 June 2011 LEGISLATIVE COUNCIL 2195

about to expire, but because of its willingness to put public money on the line in order to prop up its gentrader transactions and maintain their profitability. The third discovery was the maintenance payments from the gentrader to the generator operator, which were fixed and non-negotiable for the life of the contract, ranging from 17 to 25 years.

Those maintenance payments are a fixed amount, yet as the stations age there will be no recompense to the people of New South Wales. Certainly the experience with Liddell power station in the 1980s showed that power stations age in unexpected, and unexpectedly expensive, ways. In effect, we could end up paying billions of dollars in maintenance and refurbishment to maintain the contracts, or alternatively face just paying ongoing liquidated damages. The people of New South Wales again bear the risks of there being a technical failure at one of the power stations while the gentrader owners continue to make massive profits. The other issue that was uncovered was the need to pay off the debts held by the power stations.

When we add all this together, the outcome is an appalling red balance sheet for the people of New South Wales. According to any reasonable view of it, this was a dud deal. On any view, the Government had to have known that it was signing up to a dud deal. Having lost the Michael Costa privatisation, the Government should have walked away from it. Instead, in an act of hubris, it decided to effectively give away the rights to trade electricity from the power stations. The findings of the inquiry make it clear that what happened in this transaction is unconscionable—

Reverend the Hon. Fred Nile: It's a shame that Eric did not stay to hear this.

Dr JOHN KAYE: I acknowledge the interjection by Reverend Nile that the former Treasurer and the builder of this transaction failed to stay in the Chamber to take his medicine. Sadly, the Labor Party does have to bear the political opprobrium for its actions. I conclude with the following observation: This has been exposed as the mother of all bad privatisations, but let us be absolutely clear about what is going on here. Every privatisation of a key public asset, a social infrastructure asset, will have the same characteristics because in the end the organisations or corporations that buy those assets are not stupid. They are looking for a good deal. If they can make a profit out of it, then so can we. The only thing they are looking for is a mark down in sale price or a mark up in the sale of the commodity that they are producing. Either way, the people of New South Wales pay more—in this case in their electricity bills—or they get less in terms of the foregone revenue that comes from ownership of an industry.

It is to be hoped that all political parties in this Chamber learn the lessons of the great gentrader scandal of 2010. We must understand very clearly that trying to sell off a public asset—particularly at a marked down price, when there are contract nasties hidden within the documentation and from public view that privatise the profits and socialise the losses and the risks—not only is bad for the economy, immoral, and against the public interest, but in the end will on the parties who do it. Let this be a lesson to the current Government: Do not try to sell the wires and poles businesses lest you go the same way the Keneally Government went.

Reverend the Hon. FRED NILE [5.17 p.m.], in reply: I thank all members who participated in this debate. I again thank the members of General Purpose Standing Committee No. 1 and the staff who enabled us to produce such a good report over that very difficult period in December, January and February. As we all know, it was the holiday season. Probably no other inquiry has been held at such an inconvenient time, but it was by necessity and I thank everyone involved. The only point I make now is that the former Labor Government made a bad decision but those who will pay the price are the consumers through high electricity bills.

In the past few months we have seen a dramatic increase in electricity bills. As members of Parliament we have seen our electricity bills rise, and it is something we are all very conscious of. Sadly, those who will suffer the most are people on fixed incomes, retirees, pensioners and others who cannot increase their income but have added expenditure. So it is a challenge for the current Government to take great care and pay attention to this very serious issue of rising electricity prices. It must bring those prices down and assist those on lower incomes who are suffering at the moment. Again, I thank everyone involved with the inquiry and commend the report to the House.

Question—That the House take note of the report—put and resolved in the affirmative.

Motion agreed to. 2196 LEGISLATIVE COUNCIL 14 June 2011

APPROPRIATION (SUPPLY AND BUDGET VARIATIONS) BILL 2011

Bill received from the Legislative Assembly, and read a first time and ordered to be printed on motion by the Hon. Matthew Mason-Cox, on behalf of the Hon. Greg Pearce.

Motion by the Hon. Matthew Mason-Cox agreed to:

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.

Second reading set down as an order of the day for a future day.

UNPROCLAIMED LEGISLATION

The Hon. Matthew Mason-Cox tabled a list detailing all legislation unproclaimed 90 calendar days after assent as at 1 June 2011.

NATIONAL VOLUNTEER WEEK

Debate resumed from an earlier hour.

Reverend the Hon. FRED NILE [5.21 p.m.]: I support this motion on behalf of the Christian Democratic Party. I welcome the opportunity that National Volunteer Week provides to acknowledge, highlight and thank the 5.4 million Australians who volunteer in their communities each year. I also acknowledge that Volunteering Australia, the national peak body for volunteering, represents the views and needs of the volunteer movement while promoting the activity of volunteering as one of the enduring social, cultural and economic values. I commend the Hon. Greg Donnelly for introducing this motion. I thank all the people who have worked as volunteers in all the organisations I have been associated with.

We have nearly 10,000 volunteers working in the Christian Democratic Party. We also had 106 candidates at the last election who were volunteers and who worked very hard. I thank, too, the volunteers who worked in the Australian Festival of Light and Community Standards Organisation, which I led for nearly 30 years until I retired. Finally, I thank all the volunteers who work in the Australian Christian Nation Association, a new organisation to support our Christian heritage. Volunteers play an important role in our society and, from what I can gather, around the world the volunteer spirit is recognised as almost intrinsic to Australia. Other countries have volunteers but the volunteer spirit is part of our culture. Long may it continue. I am pleased to support the motion.

The Hon. SHAOQUETT MOSELMANE [5.23 p.m.]: I support National Volunteer Week. Volunteers make up the fabric of our society and our community would not be what it is without their fantastic help. I congratulate the Hon. Greg Donnelly on moving the motion and place on record our appreciation of the enormous contributions made by volunteers in the New South Wales community. Their passion and commitment for supporting their local communities must be recognised and celebrated. Volunteering is an expression of an advanced outlook of contributing to the wider society for the betterment of all.

I agree with the Hon. Jan Barham when she said that in her community volunteering in part fills the gaps left by insufficient government funding of services. In a sense, volunteers become a safety net. I think it goes beyond the physical or tangible assistance that someone else has failed to provide or is incapable of doing, and people of goodwill step in. In fact, it brings out the ingrained decency in people, so I congratulate the 5.4 million Australians who volunteer their services. I also thank Volunteering Australia, the national peak body for volunteering. I join the Hon. Greg Donnelly in calling on the Government to continue the support and initiatives of the previous Labor Government with respect to volunteering in New South Wales.

It is with great pleasure that I acknowledge the wonderful work of volunteers in our community, particularly during this year's National Volunteer Week—the theme of which is "Inspiring the Volunteer in You". I pay tribute to all the volunteers who make possible not only organisations such as the State Emergency Service and the Rural Fire Service but also many community organisations that contribute tirelessly to the community. I thank the many volunteer organisations that do such tremendous work and I take this opportunity to put on record my gratitude to the many that for one reason or another do not attract the coverage and the thanks they deserve. I want to speak about the various communities that former Premier Kristina Keneally has 14 June 2011 LEGISLATIVE COUNCIL 2197

recognised through the New South Wales Premier's Community Awards, including the Chinese, Lebanese, Philippine, Indian and other communities. Various awards were presented by the then Premier to recognise the contributions that these communities make.

The annual New South Wales Premier's Chinese Community Service Awards were established in recognition of the longstanding presence of the Chinese community in New South Wales. Here since the earliest days of the colony of New South Wales and now one of the largest and fastest-growing groups in Australia, the Chinese community has long been active in philanthropic and voluntary community activities. The awards are for those who have demonstrated active and distinguished service to the community and they acknowledge the social value of voluntary work within the Chinese community. A number of awards were created. The Victor Chang Community Service Award honours excellence in community citizenship. The award is given to an individual in appreciation of a significant and innovative contribution in general community service to address a particular community welfare need in the Chinese community. It was awarded to Mrs Clarie Lee, JP, who was recognised for her continuous and tireless service to The Hills Chinese Women's Association. Mrs Lee has served on the executive management committee for 17 years and as chairperson for 10 years.

The Jack Wong Sue Award for voluntary community service beyond the Chinese community is presented to an individual or organisation from within the Chinese community for exceptional community service in the wider Australian community. The recipient was Ms Daphne Lowe Kelley, who was recognised for her community service spanning more than 30 years in the wider Australian community. Daphne was acknowledged for the breadth of experience and commitment she brought to the many and varied roles she has undertaken, including serving on local Chinese, Australian and professionals organisations and councils. Daphne is the founding member and current chairperson of the Chinese Heritage Association of Australia and has provided a forum for Australians of Chinese ancestry to present their research into family histories.

The Quong Tart Lifetime Achievement Award in Community Service was awarded to Dr Leng Tan. Dr Tan was recognised for her enormous efforts to improve the wellbeing of the Australian Chinese community in New South Wales and beyond. For more than 40 years Dr Tan has devoted her time and skills to help children, the elderly and people with disabilities. She is also committed to promoting understanding of Chinese culture in the wider Australian community. Dr Tan was a founding board member and is the current chairperson of the Chinese Australian Services Society and has served on the Sydney City Council Chinese New Year Celebration Committee. The Young Chinese Volunteer Award recognises the valuable role of young volunteers. The recipient was Mr William Ho Yin Chan. Mr Chan was recognised for his dedication, passion and selfless community service across a variety of projects. He is a long-term supporter of World Vision and throughout his school days and university studies he raised funds continuously for that organisation.

I place on the record my gratitude to two key Chinese community organisations, the Australian Chinese Community Association of New South Wales Inc. [ACCA] and the Chinese Australian Services Society [CASS] for their enormous contribution to our communities. Both organisations are to be congratulated on their commitment to their communities. The Australian Chinese Community Association is a non-political, non-religious and not-for-profit organisation that was specifically formed to serve the Chinese-Australian community in New South Wales. For more than 37 years it has provided community services, such as settlement services for newly arrived migrants, interest classes, Chinese language classes and aged care services. It has organised various cultural and Chinese festival events throughout the year. The association also promotes multiculturalism and anti-racism, and engages in fundraising for victims of natural disasters, such as the Szechuan earthquake in 2008.

Since the association's establishment in 1974, more than 10,000 individuals have joined as members and many of them are volunteers. The association has been fortunate to receive the assistance of thousands of volunteers since its inception in 1974 who give their time and effort to serve needy members of the community. Their selfless contribution has enabled the association to continuously improve and expand its services. To recognise and appreciate the contribution of volunteers, the association implemented a Volunteer Award Scheme in which all the association's volunteers are eligible to participate. A special event, Volunteer Presentation Day, is held to show appreciation of all the association's volunteers.

The Chinese Australian Services Society also provides voluntary work for the community. The society is a non-profit organisation that is based in Auburn, and has many volunteer workers. It was established in 1981 and is fondly referred to as CASS. The society has developed in leaps and bounds over its relatively short history. It excels in organising community events and cultural performances. Personal development and counselling are other areas where the society has demonstrated consistent expertise. The society also supports young members of the Australian-Chinese community in business and other endeavours. 2198 LEGISLATIVE COUNCIL 14 June 2011

I also recognise the Community Relations Commission and congratulate Stepan Kerkyasharian and all the commission's members on the wonderful work they do in attracting volunteers to assist whenever help is needed in various communities throughout New South Wales. The Community Relations Commission Awards for Volunteering have been highly effective in engaging various communities throughout New South Wales. I congratulate all organisations and societies involved in volunteering. Most importantly, I place on the record my congratulations to the Hon. Greg Donnelly on moving the motion.

The Hon. DUNCAN GAY (Minister for Roads and Ports) [5.33 p.m.]: I briefly add my support to comments made by other members. Although I had not intended to speak to the motion, I wish to pay tribute to the Crookwell community, which is the other community in which I spend a great deal of time apart from Sydney. People from all areas throughout the State do terrific volunteer work. The Crookwell community simply would not exist without assistance from volunteers in bush fire fighting, State Emergency Service assistance, Rotary, and other organisations that are active in the Crookwell community. Care for the elderly and work done by the Crookwell Frail Aged Association Inc. is simply exceptional. Volunteer organisations are the only way that communities in many parts of the State continue to exist, and we sometimes take them for granted. On a personal note I pay tribute to my wife, Kate.

Dr John Kaye: She deserves sainthood.

The Hon. DUNCAN GAY: She certainly deserves sainthood. She is married to me, and that alone would warrant sainthood.

The Hon. Greg Donnelly: Did she volunteer?

The Hon. DUNCAN GAY: She volunteered. Apart from being the long-suffering partner of a member of Parliament, which I am sure all members understand, Kate is a mother, a grandmother and a volunteer at the Sydney Children's Hospital at Randwick. Each Wednesday she goes to the hospital with a lot of other volunteers. As a former teacher, she does play therapy in the children's ward, which is an important part of the recovery and health of children. I suspect members may have but some idea of the number of people throughout regional New South Wales who approach me and say, "Mr Gay"—and I immediately I think what will follow will be a political comment—"I'd just like to congratulate you on the work that your wife did with my family and our child." Kate is pretty special, but she works with a whole lot of special people who volunteer. What she does is terrific, but it is no more outstanding than the efforts of other volunteers at the Sydney Children's Hospital or other volunteers across the State.

Dr JOHN KAYE [5.36 p.m.]: I join with other members to briefly acknowledge the full range of work of volunteers from children's hospital auxiliaries, hospital auxiliaries, hospital volunteers, museum volunteers, fire service volunteers, State Emergency Service volunteers and others. To those I add one particular category, which is the 60,000 public education teachers of New South Wales. Almost all of them contribute efforts that are way above and beyond what is professionally demanded of them when they act as volunteers at sporting events and at events such as Tournament of the Minds and various Olympiads. The volunteer work they do amounts to a large number of hours contributed by our teacher workforce. Their work is largely unrecognised, completely unrewarded but always is very important.

I should not describe their efforts as unrewarded because every teacher to whom I have spoken acknowledges that the reward they get out of the additional hours they contribute comes from watching children and young students grow into young adults. As we rightly and correctly acknowledge formal volunteers, we should also be mindful of informal volunteers—the intra-volunteers, if I may put it that way—who contribute many hours and their own resources as part of their work.

The Hon. MATTHEW MASON-COX (Parliamentary Secretary) [5.38 p.m.]: I take this opportunity to recognise special people in my community of Queanbeyan who do a magnificent job as volunteers. I congratulate the Hon. Greg Donnelly for moving the motion and giving members the opportunity to recognise volunteers in our communities. I endorse the sentiments expressed by other members who contributed to debate on the motion. Similar organisations in my community do a wonderful job, but I will focus my remarks on the wonderful job that local churches in Queanbeyan do. We have a unique facility, Home in Queanbeyan, which is the result of collective charitable work that was sponsored initially by the church community. The initiative featured the Catholic Church and the Anglican Church but included other churches in the community.

Home in Queanbeyan is the result of local churches that drove community efforts towards an innovative solution to the problem of mental health issues that were manifested on the streets of Queanbeyan as 14 June 2011 LEGISLATIVE COUNCIL 2199

homelessness. The working group was led by Tony Carey, who is a local businessman, and Father Peter Day, who is a local Catholic priest. They brought the community together to work on a problem that had long been ignored but which became evident when people with mental health problems began sleeping on the streets and under bridges. The reality is that Home in Queanbeyan provides those people with a place they can call home, where they can enjoy stable and secure accommodation, and where they are able to find the treatment they need to recover from their illness. In other words, Home in Queanbeyan provides that critical first step in those people finding their lives again.

The work of the community in raising $2.5 million and the support leveraged from the Commonwealth and State governments in providing the initial $5 million building cost of Home in Queanbeyan is a wonderful testament to what community spirit can achieve when focussed on a longstanding local problem. Home in Queanbeyan is an institution that provides a real home and support to 15 individuals and continues to rely on volunteers to raise money and provide care to the home's residents. Importantly, Home in Queanbeyan is a venue for the simple things such as being able to talk to someone, to share some time over a cup of coffee, to have someone listen and to know personally that people do care. These individuals know that they are welcome to stay for as long as they wish to ensure they can move on when they are ready.

As a community we probably have not excelled at that. The whole motivation behind this Queanbeyan facility was to ensure that people had a home to go to rather than being left on the streets. Churches do a wonderful job in a range of areas. A number of local churches sponsor mission groups into foreign countries. For example, one recently left for Kenya, some wonderful work is being done in Papua New Guinea and a range of other work is taking place in the Pacific Rim. All volunteer organisations do an incredible job that aids our local communities and other places in dire need of assistance. I mention, of course, my country fire unit of which I am a proud member.

The Hon. Dr Peter Phelps: Hear! Hear!

The Hon. MATTHEW MASON-COX: The Hon. Dr Peter Phelps also is a proud member of that unit. Under the guidance of our captain, Wayne Brown, we stand ready and charged with the duty of protecting our local community should a bushfire erupt—a constant risk in country regions. The Greenleigh locality in which we live certainly has an enormous amount of fuel that poses a significant risk to the community. I commend the Minister for Police and Emergency Services for his initiatives to address that issue. I am sure that risk management will continue as another bushfire season approaches.

Reverend the Hon. Fred Nile: Apparently members of Parliament are moving to Queanbeyan.

The Hon. MATTHEW MASON-COX: There certainly seems to be a community of politicians growing in Queanbeyan and servicing the local community—that is a good thing. The member for Monaro, who lives in Queanbeyan, is another who volunteers in a number of community organisations, including his church. He does a wonderful job. It is terrific to see everybody get together to meet those community needs. I mention also the Queanbeyan West Rotary Club, my local club. Its president is the former Federal member for Eden-Monaro, the Hon. Gary Nairn, who is doing a wonderful job leading his local community in dealing with a range of worthy local projects that, unfortunately, government funding is not available to meet. Those projects extend to things as simple as providing breakfast in schools for kids who cannot afford it or are unable to have breakfast provided in their homes for one reason or another. These most disadvantaged kids in our community need a bright start in the morning. The difference that such a small program can make in people's lives is amazing.

That leads me to the children's special needs group in Queanbeyan, which deals with children with a range of special needs. Again, a network of local community volunteers give their time selflessly to help these children build the skills to become meaningful and valuable members of our community. All the tireless hours given in so many areas by so many people, as the Minister for Roads and Ports pointed out, really are the bedrock of our local communities, particularly in regional areas where services perhaps are not what they could be. Without volunteers, certainly our communities would diminish.

The Hon. GREG DONNELLY [5.44 p.m.], in reply: I take this opportunity to summarise the debate on behalf of the various members who participated. I thank each and every member for the spirit in which they spoke of their various examples of volunteering, directly and indirectly, and their encouragement to the volunteers of New South Wales. The debate invited participants from across the political spectrum and I acknowledge their contributions. Apart from myself, of course, there was the Hon. Michael Gallacher, the 2200 LEGISLATIVE COUNCIL 14 June 2011

Hon. Marie Ficarra, the Hon. Lynda Voltz, the Hon. Jan Barham, the Hon. Sophie Cotsis, the Hon. Robert Brown, the Hon. Shaoquett Moselmane, Reverend the Hon. Fred Nile, the Hon. Duncan Gay, Mr John Kaye and the Hon. Matthew Mason-Cox. Those participants brought to light volunteering examples of which I was aware as well as a number of which I was not aware.

As I listened closely to their contributions, the more I realised the little I know about volunteering in this State. As I said in my contribution, around 1.67 million people are formally registered as volunteers in New South Wales but, in addition, the guesstimate is that approximately one million are informally involved in volunteering in one way or another. That means we have about 2.67 million people involved in volunteering in New South Wales. As other members have pointed out, quite correctly, we could not imagine what would happen if that volunteering ceased: essentially civic life in this State would grind to a halt almost immediately.

The Hon. Duncan Gay: The State would not be able to run things.

The Hon. GREG DONNELLY: Indeed it could not, and no government budget could contemplate the thought of paying people to do this work. This State is very fortunate to have so many volunteers. As members have said, those volunteers come from a range of backgrounds and cover a diverse range of volunteering. We have big organisations, such as the well-known State Emergency Service and the Rural Fire Service, through to some very small organisations, such as church groups. Young people volunteer in the girl guides, scouts, et cetera, across the State, not only in big cities but also in rural, regional and remote New South Wales. Vigorous volunteering occurs across our diverse ethnic groups in looking after their community interests. Sport obviously has to be included—an endless list of sporting organisations rely on volunteering. Community organisations also participate in volunteering at various times. The debate has been valuable.

I thank and acknowledge the contribution of all volunteers in this State, including those who have retired from volunteering. The Parliament acknowledges those past contributions. Obviously, I thank our present volunteers and encourage them, on behalf of all members I am sure, to continue their wonderful work. I thank particularly young volunteers. It is great to see young people stepping up to the mark, in a sense testing the waters to determine whether they can make a contribution. They certainly can. It is wonderful that inside these various volunteer organisations are great mentors, leaders and older people who are more than happy to show young ones the ropes, so to speak, and pass on their experience so that they may participate in volunteering in this State. I encourage the Coalition to continue to enhance support for volunteering in New South Wales. I commend the motion to the House.

Question—That the motion be agreed to—put and resolved in the affirmative.

Motion agreed to.

BUSINESS OF THE HOUSE

Suspension of Standing and Sessional Orders: Order of Business

Motion by the Hon. Lynda Voltz agreed to:

That standing and sessional orders be suspended to allow a motion to be moved forthwith that Private Members' Business item No. 69 outside the Order of Precedence relating to National Reconciliation Week be called on forthwith.

Order of Business

Motion by the Hon. Lynda Voltz agreed to:

That Private Members' Business item No. 69 outside the Order of Precedence be called on forthwith.

NATIONAL RECONCILIATION WEEK

The Hon. LYNDA VOLTZ [5.50 p.m.]: I move:

That this House notes that:

(a) 27 May to 3 June 2011 is National Reconciliation Week, which is held each year to celebrate the rich culture and history of the First Australians,

(b) the theme for Reconciliation Week is "Let's Talk Recognition", and

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(c) the week is framed by two key events in Australia's history which provide strong symbols of the aspirations for reconciliation:

(i) 27 May 2011 marks the anniversary of Australia's most successful referendum and a defining event in our nation's history, as the 1967 referendum saw over 90 per cent of Australians vote to give the Commonwealth the power to make laws for Aboriginal and Islander peoples and recognise them in the national census, and

(ii) on 3 June 1992 the High Court of Australia delivered its landmark Mabo decision which legally recognised that Indigenous people had a special relationship to the land, which existed prior to colonisation and still exists today, and this recognition paved the way for Indigenous land rights called Native Title.

I draw to the attention of members that 27 May to 3 June 2011 is National Reconciliation Week, which is held each year to celebrate the rich culture and history of the first Australians. The theme of this year's Reconciliation Week is "Let's Talk Recognition". National Reconciliation Week was first celebrated in 1996 and aims to give people across Australia the opportunity to focus on reconciliation between Aboriginal and and non-. It is a time to reflect on achievements so far and what must still be done to achieve reconciliation. The week is framed by two key events in Australia's history which provide strong symbols of the aspirations for reconciliation. The date of 27 May is the anniversary of the 1967 referendum, a defining event in our nation's history which saw more than 97 per cent of Australians vote to give the Commonwealth the power to make laws for Aboriginal and Torres Strait Islander peoples.

The Australian Constitution was altered so that Aboriginal and Torres Strait Islander peoples could be included in the census count and so that the Commonwealth could make laws with the intention of ending discrimination against the Aboriginal people. On 3 June 1992, another historic day, the High Court of Australia delivered its landmark Mabo decision which legally recognised that Indigenous people had a special relationship to the land that existed prior to colonisation and continues to exist today. This recognition paved the way for native title. The other principle that the Mabo case stood for was the rejection of the notion of terra nullius, the idea that Australia was vacant or without a sovereign as a principle within the Australian legal system. Those dates in 1967 and 1992 symbolise the promise of a new era in which the Aboriginal peoples' history and place within Australia could be rightfully recognised.

Before we delve into talking about recognition and how we need to and can achieve this, it is important to look at some of the realities facing Aboriginal Australians as I speak. Even now Aboriginal Australians still have a life expectancy that is 17 years less than that of their non-Aboriginal counterparts. Statistics continue to show poorer health, education, housing and employment outcomes for Indigenous people. According to the United Nations, the quality of life of Aboriginal people is the second worst on the planet. Only inhabitants from some provinces in China rate worse, and only half as many Aboriginal Australians reach the age of 65, as do people in Bangladesh. Furthermore, statistics in Aboriginal education show that 39 per cent of Aboriginal students stayed on to year 12 at high school, compared with 75 per cent for the Australian population as a whole.

Furthermore, in 2009 the imprisonment rate for Aboriginal people was 14 times higher than that of non-Aboriginal people, even though the Royal Commission into Black Deaths in Custody in 1980 made many recommendations on how to reduce Aboriginal incarceration. Twenty years after the Royal Commission into Aboriginal Deaths in Custody report was released, fatalities in prison custody are rising and inmates are still dying as a result of the same practices the commission sought to eliminate. Many non-Aboriginal people may be surprised to find that in 2006, 31 per cent of Aboriginal people in Australia lived in major cities, 22 per cent lived in inner regional Australia, 23 per cent lived in outer regional Australia, 8 per cent lived in remote Australia and 16 per cent lived in very remote Australia. Nevertheless, relatively few Australians have direct contact with Aboriginal people and stereotypes have become one of the main ways non-Aboriginal Australians perceive Aboriginal people. As Aboriginal academic Professor Marcia Langton said:

The most difficult relationship is not between black and white people but between white Australians and the symbols created by their predecessors. Most Australians do not know how to relate to Aboriginal people. Myths are powerful: they influence the way we think about things of which we might not have direct experience. Because few Australians have relationships with Indigenous Australians, myths have become one of the main ways of 'knowing' about Aboriginal peoples.

Probably one of the most popular myths is that Aboriginal people are alcoholics who cannot handle their alcohol. Ironically, I point out that drinking alcohol is a well-entrenched Australian tradition that dates back to the settlement of Australia as a rum colony, where rum was the currency that paid for our early infrastructure. The image of the drunken Aborigine is a historical construction. From first settlement in the colony and throughout the frontier period, alcohol was used to engage Aboriginal people in conversation, attract them into settlements, barter for sexual favours from Aboriginal women and as payment for labour. 2202 LEGISLATIVE COUNCIL 14 June 2011

As a proportion of each population, more Aboriginal people, 37 per cent, than non-Aboriginal people, 22 per cent, do not drink alcohol at all, although the Aboriginal people who do drink do so in more dangerous quantities than non-Indigenous Australians. Moreover, what makes this myth is the fact that Aboriginal people, unlike non-Aboriginal people, often drink in highly visible public spaces such as parks. Other myths flung around, of which I am sure we have all heard, include that Aboriginal people are lazy and do not want to work, which may arise in part from a lack of awareness of the factors contributing to high levels of unemployment. For example, in remote Aboriginal communities the unemployment rate is often a reflection of the low labour market, as well as the limited educational and training opportunities combined with lingering prejudices among non-Aboriginal employers.

And there are more myths. For example, Indigenous people get free houses, cars and undeserved special treatment, violence and abuse against women and children is part of traditional Aboriginal culture, and native title can take away people's property. Instead of perpetuating these negative perceptions and stereotypes, "Let's Talk Recognition" gives us an opportunity to think about and acknowledge the positive achievements of Aboriginal Australians. In the face of being dispossessed of their land, having their children forcibly removed and sent to white families and church-run institutions, misunderstood and persecuted for their cultural traditions, Aboriginal people have survived.

Many Aboriginal artists, intellectuals, writers, performers, lawyers, musicians and sporting legends have contributed to the rich fabric of our culture and society in Australia today. Some that come to mind are Cathy Freeman, Kevin Gilbert, Lionel Rose, Albert Namatjira, Charlie Perkins, Sally Morgan, Lloyd McDermott, Oodgeroo, Noonuccal, Fiona Foley, David Gulpilil, Ernie Dingo and Yvonne Goolagong. Many of us may not realise that Australian Aboriginal art is the oldest living art tradition in the world. In more recent times Aboriginal art that initially came to prominence as the Papunya Tula Artists was so popular that in August 2006, following concerns about unethical practices such as wholesale forgery in the Indigenous art sector, the Australian Senate initiated an inquiry. Many Aboriginal artworks have become collectors pieces in the contemporary global art world, and sell for in excess of $100,000. Only a few years ago a painting by Clifford Possum Tjapaltjarri sold for $2.4 million.

In music and performing art many Indigenous Australians have achieved mainstream prominence such as Jimmy Little, Kev Carmody, Archie Roach and his wife Ruby Hunter, who passed away a few years ago. Other musicians that come to mind are Yothu Yindi, Troy Cassar-Daley, NoKTuRNL, the Warumpi Band, Geoffrey Gurrumul Yunupingu, and Dougie Young. People such as Jack Davis, a notable Australian twentieth century playwright and poet, and Indigenous rights campaigner, Larissa Behrendt, Professor of Law, Noel Pearson and Magistrate Pat O'Shane all come to mind as Indigenous activists who have challenged our way of thinking and sought recognition for Aboriginal people. An unforgettable example is Burnum Burnum, who may be best remembered for planting the Aboriginal flag on the white cliffs of Dover on the 1988 bicentenary. Last but not least, who can forget Cathy Freeman sporting the Aboriginal flag at the 2000 Sydney Olympics?

In the arena of dance, Aboriginal people excel and many of us know of the prolific performances by the Bangarra Dance Theatre. The three Page brothers, Stephen, the storyteller-choreographer, David, the songman-composer, and Russell, dancer, were at its heart for the first decade of its life. I refer to sport. Aboriginal people account for only 2.5 per cent of Australia's population yet, according to the 2008 figures, they account for more than five times the percentage of elite footballers.

On the subject of sport, and as a matter of interest, I will read a list of Aboriginal firsts in the sporting arena. The first Australian Football League-Victorian Football League premiership player was Joe Johnson in 1904. The first Australian Football League 100-goal kicker was Lance Franklin in 2008. The first Norm Smith Medallist, best on the ground Australian Football League grand final, was Maurice Rioli in 1893. The first Australian Football League-National Football League footballer to play 300 games was Gavin Wanganeen in 2006. Gavin is from South Australia but his aunt lives in Padstow in New South Wales.

The first boxing champion was Lionel Rose in 1968. The first tennis Grand Slam tournament winner, French Open, was Evonne Goolagong Cawley in 1971. The first Olympics gold medallist was Nova Peris Kneebone in 1996. The first Commonwealth gold medallist was Jeff "Mitta" Dynevor in 1962. The first Australian first-class cricketer was Jack Marsh in 1900-01. The first Test cricketer was Faith Thomas in 1958. The first Test rugby league player was Lionel Morgan in 1960. The first Australian to be selected in the National Basketball Association was in 2008, and the first Australian sprinter to break the 10-second 100-metre sprint barrier was Patrick Johnson in 2003. 14 June 2011 LEGISLATIVE COUNCIL 2203

Many people in this Chamber would be aware that in 1868 the Australian Aboriginal cricket team toured England thus becoming the first organised group of Australian cricketers to travel overseas. The first tour by an Australian team classed as representative would not be made until 1878. This in itself is an amazing historical event, as international sporting contact was rare in this era. Previously, only three cricket teams had travelled abroad, all English. Australians are well-known surfers worldwide but few people would know that Aboriginal men were sighted by the first settlers in Manly surfing the waves at Manly Beach in dug-out canoes.

We should recognise that in the face of past attempts at the wholesale cultural destruction of Aboriginal society, the devastating effects of the Aborigines Protection Act and the systematic removal of children from their families, institutionalisation and discrimination, Aboriginal people continue to survive and fight for recognition. If non-Aboriginal Australians had been subjected to these systematic campaigns enshrined in law and enduring endemic discrimination would recognition not be due? The National Reconciliation Week website makes the following statement about recognition:

Think about how much you value it.

When you are sincerely recognised for who you are and what you contribute, you feel proud, validated and connected. Being recognised is good for your self esteem. It energizes you and encourages you to recognise the best in others.

Recognition comes in all sorts of ways and means different things to different people but everyone likes it when they get it. In what ways do you recognise people around you and in what ways do they recognise you?

For National Reconciliation Week 2011, Reconciliation Australia invites you to join a national conversation about the value of recognition.

Flora MacDonald, from the Australian Capital Territory Branch of Australians for Reconciliation states:

… we need to include Aboriginal people and Torres Strait Islanders in our communities so that we can all learn from one another and develop a real awareness, understanding, appreciation and respect for the culture and history of Indigenous Australia … the basis is the inclusion of the Indigenous peoples of Australia, not their exclusion. And that is healing for all of us.

Successive governments have understood the need for recognition. In 1972 the Federal Labor Government led by Gough Whitlam adopted the policy of self-determination for Indigenous communities, which recognised that Aboriginal people had a right to be involved in decision-making about their own lives. In 1992 Paul Keating's Redfern speech at the launch of the International Year of Indigenous People recognised and acknowledged past wrongs. He stated:

It is a test of our self-knowledge, of how well we know the land we live in. How well we know our history. How well we recognise the fact that, complex as our contemporary identity is, it cannot be separated from Aboriginal Australia … There is one thing today we cannot imagine. We cannot imagine that the descendants of people whose genius and resilience maintained a culture here through 50 000 years or more, through cataclysmic changes to the climate and environment, and who then survived two centuries of dispossession and abuse, will be denied their place in the modern Australian nation.

On 25 May 1997 National Sorry Day was a day for organisations to apologise for the removal of Aboriginal children from their families. The evidence indicated that in a large number of cases these children, fittingly named the stolen generation, were brutally and forcibly removed from their parent or parents, possibly even from the hospital shortly after their birth. Nevertheless, the Australian Federal Government, at the time led by John Howard, refused to take part in National Sorry Day. However, under pressure John Howard drafted a motion of "deep and sincere regret over the removal of Aboriginal children from their parents" which was passed by the Federal Parliament in August 1999. Eventually Howard went on to say that the stolen generation represented the most blemished chapter in the history of this country.

In July 2000, the issue of the stolen generation came before the United Nations Commission on Human Rights which heavily criticised the Howard Government for its manner of attempting to resolve issues related to the stolen generation. The United Nations Committee on the Elimination of Racial Discrimination expressed concern that the Commonwealth Government did not support a formal national apology and recommended that the State party consider the need to address appropriately the extraordinary harm inflicted by these racially discriminatory practices.

On 13 February 2008 in Parliament House, , Prime Minister Kevin Rudd apologised to representatives of the stolen generation for their profound grief, suffering and loss due to the separation from their families. The speech was greeted by a standing ovation by all parliamentary members and representatives 2204 LEGISLATIVE COUNCIL 14 June 2011

of the stolen generation. Aboriginal entertainer Jimmy Little has been chosen as the 2011 face of National Reconciliation Week. Uncle Jimmy, a Yorta Yorta song man, said it was humbling to have been chosen for this important week from among so many in Australia who work towards reconciliation. He said:

If we got involved with our neighbours and our community, our happiness would be multiplied through all the others in our circle. While Aborigines and Torres Strait Islanders are a minority in Australia, their issues, like the many various groups in our multicultural society, have relevance for us all. We have an obligation to connect with those around us.

Inequity cannot improve without first acknowledging and recognising its existence. It is equally important to embrace the spirit of recognition between Aboriginal Australians and non-Aboriginal Australians. National Reconciliation Week was a great opportunity to celebrate the diverse and rich culture and history of Aboriginal Australians, recognise our collective history and understand that we can all make a difference by participating in this event.

The Hon. CHARLIE LYNN (Parliamentary Secretary) [6.05 p.m.]: I commend the Hon. Lynda Voltz for moving this motion. I refer to the contribution that Indigenous soldiers have made to the Australian Army. On the morning of 27 May, 70 years ago, a group of Australian and Maori soldiers launched a bayonet charge against a group of more than 400 German paratroopers on the shores of Suda Bay in Crete. They had to buy time for their mates to get away. One of the leaders of that charge was Private Reg Saunders of the 2/7th Battalion. Reg was an Aboriginal man raised on the mission at Framingham. He would eventually escape from Crete and become the first Aboriginal Australian commissioned into the Australian Imperial Force and go on to command a company of 3RAR at the battles of Kapyong and Maryang San in the Korean War.

On the morning of 27 May last month, a ceremony to commemorate the sacrifice of Indigenous service men and women was held at the Anzac Memorial, Hyde Park. In support of this ceremony the Anzac Memorial mounted a display that recognises the service of Indigenous men and women from colonial times to the present day. The display makes it clear that the Australian forces did not discriminate against Aboriginal people once they had been allowed to enlist. Unlike other British colonies and former colonies we did not have Indigenous units like the 28 Maori Battalion New Zealand Expeditionary Force or the King's African Rifles. Further, war service brought Aboriginal Australia and European Australia together.

White Australians from urban centres such as Sydney and Melbourne learnt a great deal about outback Australia and its inhabitants when posted there during World War II, including lessons in bush tucker and exposure to traditional culture. For many, deployment to central, northern or Western Australia provided their first contact with Aboriginal people and, for Aboriginal Australians in remote communities, the arrival or transit of soldiers or airmen as part of the war effort was their first exposure to large numbers of non-Aboriginal people. We acknowledge that Aboriginal Australians have warrior traditions that are thousands of years old. In colonial times some Aboriginal people used their martial skills to oppose European settlement while others were recruited to serve as scouts and frontier police.

After Federation Aboriginal Australians wishing to serve in the defence forces were restricted by the Defence Act of 1903 which forbade the enlistment of any "persons not of substantially European origin or descent". During World War I—from 1914 to 1918—many Aboriginal people volunteered. While several were rejected, it is estimated that around 550 Indigenous men served in the Australian Imperial Force, about 200 of them from New South Wales. The restrictions of World War I did not deter another generation of Aboriginal people from volunteering to serve in World War II—from 1939 to 1945. When the fighting reached Australia in 1942 Indigenous Australians were seen as an integral part of the defence of the continent and its Territories.

Since then Aboriginal people have served in the Australian forces in increasing numbers. They have seen action in the Korean War from 1950 to 1953, the Malayan Emergency from 1948 to 1960, the confrontation with Indonesia from 1962 to 1966, the war in Vietnam from 1962 to 1975, and in the ongoing conflicts in Iraq and Afghanistan as well as on peacekeeping operations since 1947. The Anzac Memorial in Hyde Park was built to commemorate the sacrifice of men and women of New South Wales during the First World War from 1914 to 1918. The dome in the Hall of Memory bears 120,000 stars, one for each of the men and women of New South Wales who served overseas in the Australian Imperial Force during the First World War. Over 200 of those stars represent Aboriginal Australians.

Two of the most highly decorated Aboriginal servicemen of the First World War came from New South Wales. The first is Corporal Albert Knight, of the 43rd Battalion, probably a Paakantyi man, who also earned the Distinguished Conduct Medal in 1918, in the battle for Bony in the Somme Valley. Knight's age is unclear but it is unlikely that he had turned 20 when he enlisted. At Bony he scouted several hundred metres of 14 June 2011 LEGISLATIVE COUNCIL 2205

enemy positions before returning to his own lines and leading the attack. The second is Private William Irwin of the 33rd Battalion, a Gamilaraay man from northern New South Wales who was awarded the Distinguished Conduct Medal in the battle for Peronne in 1918. He was fighting beside Private George Cartwright of the same battalion who was awarded the Victoria Cross. Irwin died of his wounds before he could receive the medal. Irwin had been a shearer before the war. He was 39 when he enlisted. He is the only person in Bean's monumental Official History of Australia in the War 1914 to 1918 whose ethnicity is noted.

Another Gamilaraay man to go to war a generation later was Warrant Officer Len Waters, who flew with 78 Squadron Royal Australian Air Force. He called his P-40 Kittyhawk fighter "Black Magic". Waters, a shearer born at Euraba mission near Boomi in northern New South Wales, was the first Aboriginal to qualify as a fighter pilot. He enlisted two months after his eighteenth birthday and flew over 100 sorties against Japanese forces in the islands of the Dutch East Indies. After the war, Waters returned to shearing in New South Wales and . He married and had six children. Len Waters died in 1993. Aboriginal and non-Aboriginal Australians serve side by side in our country's naval and military forces at home and on overseas deployments to the present day. We should never forget the bravery and sacrifice of Indigenous personnel and their families in defence of our freedoms throughout Australia's history.

The Hon. JAN BARHAM [6.13 p.m.]: I appreciate the opportunity to speak in debate on this motion on National Reconciliation Week. I would like to acknowledge the Gadigal people of the Eora nation, and pay respect to the elders, past and present. Once again I acknowledge in the House that I come from the Bundjalung nation, and I acknowledge those people and, in my local area, the Arakwal people, whom I have had the great honour of working very closely with for a number of years. As has been said, unfortunately this House missed the opportunity to recognise National Reconciliation Week, and for that we should all feel a level of shame. I hope that never happens again. I will work with others in this place to ensure it does not happen again.

The theme for National Reconciliation Week this year is Let's Talk Reconciliation: You, Me, Us. If we were being assessed on how well we did, we would fail because we did not even recognise that theme during National Reconciliation Week. We did not talk about it then, which is why we are talking about it now. National Reconciliation Week is held every year from 27 May until 3 June, to mark two important dates: the anniversary of the 26 May 1967 referendum and the anniversary of the Mabo land rights decision of 3 June 1992. The week commemorates the gains made in Indigenous rights and reconciliation throughout Australia's history. It also provides an opportunity to raise awareness of the work that still needs to be done. Importantly, it highlights how far we have to go before we can truly hold our heads high and say we dealt with reconciliation in the true spirit and meaning of the concept.

Reconciliation is about social justice. It is about recognising the past, coming to terms with it, and stating a case for what we will do to ensure a future for Indigenous people that is better than their present. Many people in Australia celebrate National Reconciliation Week by coming together and learning about Indigenous people's history, holding cultural events, flag raising, undertaking cultural awareness training, having discussions, meeting with Aboriginal people—all things happening right across our country for the purpose of reconciliation. Many people remember the great bridge walk and hope that activity will happen again, as it gives a fundamental sense of pride for those who join together and stand united on this important issue. Those who missed out hope one day that opportunity will present again.

In a couple of weeks we have NAIDOC Week. That will afford members of this House an opportunity to engage in the events that their local communities will undertake in that week. In the meantime, we think about the importance of National Reconciliation Week and what we can do improve the lives of and address the disadvantages experienced by Aboriginal people. That is a matter that we all have a responsibility to do something about. Dr Lowitja O'Donohue said in the report "Restoring Identity", the Public Interest Advocacy Centre's report of 2009, that reconciliation has a number of facets: acknowledgment and apology; guarantees against repetition, recognising the past and guaranteeing that it will never happen again; measures of rehabilitation; and monetary compensation.

In this place, I hope to be able to bring those issues forward and work with the Government, the Opposition and other minor parties to deal with the issue of the stolen wages. As some members might be aware, I have asked questions on notice about that matter and I have been meeting with people to discuss where we are at and how we can take the matter forward, recognising a history that disadvantaged many people who worked and were not paid and still struggle to gain access to that funding. In New South Wales more than 152,000 Indigenous people, or 2.2 per cent of the State's population, still live in circumstances in which Indigenous males are estimated to live 8.8 years, and Indigenous women 7.5 years, less than do others in this State. 2206 LEGISLATIVE COUNCIL 14 June 2011

So closing the gap should be our focus in National Reconciliation Week. We must do all we can as responsible people to close the life expectancy gap by 2031, to halve the mortality gap for children under the age of five years by 2018, to halve the gap in literacy and numeracy achievement by 2018, to halve the gap in employment outcomes by 2018, to at least halve the gap in attainment of year 12 schooling or its equivalent by 2020, and to provide all Indigenous four-year-olds in remote communities with access to a quality preschool program by 2013.

The six targets adopted in 2007 by agreement with the Council of Australian Governments and incorporated in the State Government's Two Ways Together program must be achieved. Unfortunately, the report of the Auditor-General that was released last month identifies that whilst the Government has a plan there must be greater scrutiny of the funding spent on delivering on that plan, and there must be greater scrutiny of accountability. If funding is made available to deliver programs to address those six targets there must be proper accountability. The Auditor-General said that there had been no funding and that the money that had been allocated had been used for other priorities. That tells us something about whether governments are truly committed to reconciliation, recognising and supporting Aboriginal people, and closing the gap.

I was disappointed at having missed some National Reconciliation Week events in my area. Most members are fortunate to live in communities that come together to celebrate events such as this, embrace the spirit of reconciliation and seek to address the wrongs of the past. It is a generous time in which people come together and celebrate the positive aspects of their lives. I am fortunate in that I live and work in a community that recognises the importance of moving forward as a nation. People do what they can to address disadvantage and as part of the reconciliation movement they work together to effect change. I am fortunate in that I live in a community in which council was able to establish a heads of agreement with native title claimants. I acknowledge the great work of the previous Government and, in particular, Premier Bob Carr, who wanted to achieve real outcomes in the health and wellbeing of Aboriginal communities. He wanted to achieve significant environmental outcomes and, under the Caring for Country program, to protect important Aboriginal lands.

He wanted also to achieve economic outcomes such as ensuring a stable economic future for Aboriginal people. In my community that meant returning land to Aboriginal people and giving them the economic and training benefit of a Crown-operated caravan park. Health, housing, education, cultural heritage, justice and economic development are the principles of the Two Ways Together program—working together to deliver the plans and to arrive at solutions to meet community needs. The objectives of the Two Ways Together program relate to sustainable partnerships. I hope all members engage with their communities and encourage their involvement in National Reconciliation Week. As all members are now aware of National Reconciliation Week perhaps next year they will take active steps to work together with groups and organisations. I have great faith that no member will again overlook this important day of recognition.

Local governments across this State have acknowledged that National Reconciliation Week is an opportunity for schoolchildren to learn about our past. The empowerment and unity engendered by the spirit of reconciliation will ensure that we have a different future, and the disadvantage revealed in the Closing the Gap report will no longer exist. The disadvantages experienced by Aboriginal people will be recognised and young people will acknowledge the right of Aboriginal people to share the advantages enjoyed by the wider Australian community, which include the opportunity to acquire skills and to live healthy and stable lifestyles. I reiterate my disappointment at the fact that we did not celebrate National Reconciliation Week and I hope that Aboriginal communities are not offended. When matters of great importance to Aboriginal people are dealt with in this Chamber we must debate them in a spirit of reconciliation and partnership. We must unite, show good faith and address these reconciliation issues.

Debate adjourned on motion by Dr Peter Phelps and set down as an order of the day for a future day.

GENE TECHNOLOGY (GM CROP MORATORIUM) AMENDMENT (POSTPONEMENT OF EXPIRY) BILL 2011

Bill received from the Legislative Assembly, and read a first time and ordered to be printed on motion by the Hon. David Clarke, on behalf of the Hon. Duncan Gay.

Motion by the Hon. David Clarke agreed to:

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.

Second reading set down as an order of the day for a future day. 14 June 2011 LEGISLATIVE COUNCIL 2207

ADJOURNMENT

The Hon. DAVID CLARKE (Parliamentary Secretary) [6.28 p.m.]: I move:

That this House do now adjourn.

SIMON KATICH AUSTRALIAN CRICKET TEAM SELECTION

The Hon. MICK VEITCH [6.28 p.m.]: Members would be aware that over the past week or so I have been distressed about certain matters. I now have grave fears after what I consider to be an unmitigated disaster, an absolute travesty and a blunder of gigantic proportions. I refer, of course, to the disgraceful decision to drop Simon Katich from the Australian cricket squad. On 13 June 2011 Stephen Smith, Australia's Minister for Defence, told the Age:

Historically, of course, there have been a series of atrocities committed by the Australian Cricket Board, or Cricket Australia, or the Australian selectors against West Australian cricketers, but this one is extraordinary … very high at the top of a list.

I am sure all New South Welshman would happily claim Simon Katich as one of their own—an adopted son— and so they should. What is unbelievable about this decision is that Simon Katich has been dropped but not due to poor form. Since October 2008 Simon Katich has scored 2,609 runs at an average of 49.23. No, it was not poor form that brought Simon Katich undone. It was his age.

I was not an overly skilled cricketer but like a significant number of Australians I am a passionate supporter of the Australian cricket team. Simon Katich has been described as a rugged batsman. Certainly he is someone you would like to have in the trenches with you. Who can forget how he was held accountable for the Australian cricket team's appalling Ashes campaign in 2005? He was dropped from the squad. Katich fought his way back from cricket's version of the wilderness with a record-breaking season for New South Wales in 2007-08. He amassed an amazing 1,506 runs for the season at a Bradman-like average of 94.12 to fight his way back into the Australian cricket team.

Katich was Australia's leading run scorer in the 2009 calendar year and was the fourth highest run scorer in the world that year. Who could forget Simon Katich's 122 in the Cardiff test during the 2009 series? In fact, I think that was the first test played at Cardiff. But I think Simon Katich's most brilliant performance, his most scintillating exhibition—indeed, his most memorable performance of recent times—was the press conference he gave on the weekend. Even the hard-nosed sporting journos stood and applauded as one at the end of his press conference. Katich blasted the Australian cricket selectors up hill and down dale, and rightly so. Indeed, there should be outrage across this State and the nation to match that of members in this Chamber. It is an outrage. Simon Katich deserved much better treatment from Cricket Australia. The selectors should admit their mistake, because it is a horrendous one, and immediately reinstate Simon Katich to the Australian cricket squad.

FIRE AND RESCUE NSW

The Hon. NIALL BLAIR [6.31 p.m.]: I wish to speak about a very significant event that Fire and Rescue NSW's urban search and rescue team responded to. I refer to the Christchurch earthquake. On 22 February 2011, at approximately 12.51 p.m., a 6.3 magnitude earthquake struck at a depth of four kilometres centred under the town of Lyttelton, approximately 20 kilometres south of Christchurch's central business district. As a result, heavy urban search and rescue teams from Fire and Rescue NSW, along with teams from Singapore, the United States, Japan and the United Kingdom, assisted the New Zealand authorities in the response. A team from New South Wales commenced search and rescue operations at 0800 hours on 23 February and continued until 1500 hours on 3 March, a nine-day task force.

During this period the Australian task force completed the following operational achievements: 167 primary searches of major buildings; seven days of 24-hour continuous operation followed by three days of daylight operation only; 539 secondary searches of buildings, the majority requiring forced entry operations; the rescue of one live patient, Ms Anne Bodkin; recovery of seven deceased persons; and the identification of the location of three others. These are some of the facts contained in the report recently released by Fire and Rescue NSW relating to this response. I thought it worthwhile to acknowledge the people who were involved in that response. Of course, when I made that decision I was not aware that I would be speaking after the events in Christchurch at the weekend. 2208 LEGISLATIVE COUNCIL 14 June 2011

The team made a courageous response, going into many unstable buildings to search for life in spite of the numerous aftershocks that were experienced at the time. The aftershocks at the weekend, including a 6.1 magnitude earthquake, show the risks involved in teams entering the buildings. It demonstrates their bravery and the sacrifices they were prepared to make. Of course, the commitment and professionalism of these teams was underpinned by their training. I would like to acknowledge the Alpha and Bravo task force teams from Fire and Rescue NSW. Alpha team was led by Garry Picken and included David Lewis, Jay Bland, Timothy Fox, Robert Killham, Bruce Cameron, Graham Tait, Robert Pinnock, John Kite, Kent Barker, Paul Sharratt, Scott Carlson, Scott Morgan, Anthony Wallgate, Mark Bradford, Huw Jones, Barry Jones, Darren Lydom, David Gill, Guy Mangan, Roy Beer, Brett Pittman, Steven Callaghan, Kenneth Murphy and Mark Dobson.

Bravo team was led by Alan Cooper and included Darryl Dunbar, Gregory Houston, Andrew Peake, Garry Lawler, Michael O'Dowd, Christopher Andrews, Gregory Purvis, Glen Whitehead, Edward O'Hara, Craig Vincent, Mark Wilson, Mark Ecob, Murray Oastler, Dean Gray, Richard Gategood, Thomas Morris, Shannon Crofton, Robert Walton, Peter Christof and Jon Maclean. I know it is a long list but those people need to be recognised for their brave efforts in Christchurch. The men and women of these task forces have trained for such events for many years and have not had the opportunity to put a lot of their skills into practice. These people never know when they will be called upon to employ their skills.

I know some of the members of the teams personally and I want to acknowledge one who was not on the list, Andy Peake. I am aware that many of the team members made considerable family sacrifices to respond to this incident. It is a testament to the training and professionalism of Fire and Rescue NSW that they were able to go to Christchurch at such short notice and recover a live patient. It was an amazing effort. The heroism that these people showed during such a tragic event is worthy of our acknowledgement tonight. I am sure that all members support me in offering congratulations to the Fire and Rescue NSW urban search and rescue team.

PRINCES HIGHWAY UPGRADE

The Hon. PAUL GREEN [6.36 p.m.]: Tonight I shall discuss a topic about which I spoke briefly in my inaugural speech—the essential and pertinent upgrades required on the Princes Highway. The Princes Highway is the lifeblood of the South Coast. It is the main and most direct link between Sydney and the Illawarra, the Shoalhaven, the South Coast and far South Coast of New South Wales and the east and north-east region of Victoria. The Princes Highway is an essential corridor for local industry and agriculture; a major tourist route, with peak traffic conditions occurring in holiday periods; a link to services in the regional and city centres; and a freight and bus route particularly for the South Coast and far South Coast and for east and north-east Victoria as there are no rail services south of Nowra.

For these reasons, among many others, it is essential that the standard of the route provide good serviceability to the communities along its length. The route is important for our residents, our visitors and tourists, and our transport industry and other businesses. Princes Highway upgrades are also essential to improve road safety and to save lives. In February this year, the NRMA's red flag survey found that the Princes Highway was the second most complained about road in the State. It was also the worst road flagged in the South Coast region. Ms Wendy Machin, President of the NRMA, stated:

Hundreds of motorists flagged the Princes Highway as a disastrous road, with many highlighting concerns such as lanes suddenly merging and disappearing, poor road condition and increasing congestion.

Almost 60 per cent of the Princes Highway has been identified as a major risk to motorists according to a report commissioned by NRMA Motoring and Services. The report, produced by the ARRB Group, analysed the crash and traffic volume data over two five-year periods—2000-04 and 2005-09—applying the same methodology as used in the Australian Road Assessment Program, which produces maps showing the risk of road crashes that cause deaths and life-threatening injuries, and rates roads for safety. The report also found that almost half of the highway, 47 per cent, has seen an increase in the number of casualty crashes between 2000-04 and 2005-09, respectively.

According to the Roads and Traffic Authority's crash statistics, more than 60 people have been killed on the Princes Highway since 2006. The areas identified as having the highest risk were between Ulladulla and Batemans Bay, Bodalla and Bega, Moruya and Bodalla, and Dapto and Yallah. The NRMA's local director, Alan Evans, stated:

The Princes Highway is one of just two roads in Australia to ever be subjected to a coronial inquiry as a result of the number of deaths that occurred on it. This clearly highlights the need for funding on this deadly road.

14 June 2011 LEGISLATIVE COUNCIL 2209

Lives will continue to be at risk unless the Federal and State governments commit to major upgrades. The Princes Highway requires substantial financial investment to meet current needs and to ensure its long-term viability. The NRMA Motoring and Services President, Wendy Machin, stated:

The results highlighted yet again that the Princes Highway is one of the state's worst major roads ... but what is even more alarming is the fact that there has been minimal funding allocated for planning and ... [little] money ready to upgrade the Princes Highway.

Her comments should be understood in the context of a comparison with the Pacific Highway, which obviously is also well overdue for its total upgrade. At least $1 billion is needed to upgrade the Princes Highway to the standard that South Coast communities deserve. South Coast residents have suffered enough. Now we want to see a commitment to fix the road, and sooner rather than later. In conclusion, I acknowledge that the Government has committed to investing $500 million over the next four years to upgrade the Princes Highway from Gerringong to Toolijooa. However, the job is far from complete. The Princes Highway has claimed many lives, and one life lost is one life too many. Four lives have been lost this year already.

The road requires urgent attention because many family members—mums and dads, pensioners and kids, and particularly the Bridge family that lost a husband and father as well as two children over Christmas in 2009—will not be returning home. This is the most urgent issue, and it must be addressed. I note that the President of the Legislative Council, the Speaker of the Legislative Assembly and member for South Coast, Shelley Hancock, the Minister for Ageing, and Minister for Disability Services and member for Bega, Mr Andrew Constance, and the former member for Kiama, Matt Brown, are all very passionate about making the Princes Highway upgrades a reality.

ST GEORGE EISTEDDFOD

TRIBUTE TO MRS ANN CHAPMAN

The Hon. MARIE FICARRA (Parliamentary Secretary) [6.41 p.m.]: Tonight it gives me great pleasure to honour a good friend and wonderful human being, Mrs Ann Chapman. Ann has worked tirelessly all her life to support the arts, with a love of music that emanated from her mother, who was a strong soprano and who encouraged her daughter to become an extraordinary piano player and singer. This legacy continues in the Chapman family, with Ann taking her beautiful and talented granddaughter, Jayne, to singing lessons every Thursday afternoon for the past two years to nurture her talent, and the results have been worth every minute.

In the wider community, Ann has been running the St George Eisteddfod for 14 years while being president from 1997 to 2011. In 1997 those associated with the St George Eisteddfod appealed to Ann to take over as president because the society was failing. Ann typically accepted the challenge and has developed it into a successful and competitive forum for the encouragement of Australian talent. Indeed, this year the ninetieth anniversary of the St George Eisteddfod was marked by an incredible talent pool being displayed at recent annual performances. Competitors travelled from Melbourne, Canberra and Brisbane to enter, and the majority of entrants came from the St George area.

To manage such a high-calibre event requires enormous energy, organisation and commitment. It is a testament to Ann that the St George Eisteddfod has been running so beautifully for the past 14 years. Each year, Ann becomes the heart and soul of a growing community of musicians with burgeoning talent. Ann gets joy and contentment from fostering others. Without her, it would not have been possible for the eisteddfod to have continued, let alone achieve its level of excellence. Before Ann took over the eisteddfod, it did not have a full vocal section. She accepted the challenge and can now be proud of having created a contemporary vocal section and a classical vocal section. Ann has single-handedly organised contributions from different sponsors to present a $5,000 scholarship award for the winner of the operatic aria section.

The eisteddfod was conducted at the Kogarah School of Arts with thanks to Kogarah council, which was ably represented by Mayor Nicholas Varvaris. Such superb quality singing would have had no local competitive outlet if not for the efforts of such a dedicated and committed woman as Ann Chapman. I acknowledge Ann's fellow committee members: Leanne Harris, Frank Chapman, Joan McGrath, Tina and Peter Colagiuri, Lillian Coyle, Robert and Kathryn Phillips, Dulcie Meddows and Gordon Geraghty. Special thanks go to loyal sponsors, especially St George Central Rotary Club through its President, Mrs Val Colyer; Jetset Travel, Hurstville; the Kogarah Municipal Council; the Hurstville City Council, St George Bank, Club Central Hurstville, Rockdale RSL Sub-Branch, Hurstville Rotary Club, Travelscene Kogarah, Rockdale and Hurstville Lions Club, Kogarah Rotary Club and Dr Jane Hargood. 2210 LEGISLATIVE COUNCIL 14 June 2011

Ann's community contribution also extends to having operated a private opera company with Richard Gill in the 1980s, the St George Performing Arts Company, to foster local talent. Ann has served as a nurse and deputy matron at many different hospitals in the Sutherland and St George area for most of her working life. Ann also was a voluntary accompanist for Connells Point Public School in assembly and for concerts when her sons attended that school. Not surprisingly, she was the first to successfully run the St Josephs College and Newington College art shows. Ann also ran the first art shows in Prairie Vale Park, South Hurstville, for the local scouts group and taught them how to do so for a profit.

Ann has organised many fundraising events for the St George Hospital maternity ward during the time her husband, Dr Frank Chapman, was an obstetrician there. In fact, she was the first woman to get a car donated by Hurstville's Ferguson Toyota for the hospital's fundraising. And she did not stop there: in one year alone, she raised $100,000 for St George Hospital by sitting at Hurstville train station over the course of the year and receiving donations from the public along with hosting a large event at the St George Leagues Club for which she organised the Sydney Youth Orchestra and the famous band, the Delltones, to perform free of charge.

Ann has also been the backbone of the Liberal Party in the St George area for many years, in particular in my former electorate of Georges River. She coordinated polling booths on election day and prepolling as well as working for Liberal candidates at shopping centres. She also organised the overwhelming number of fabulous fundraising cabaret and dinner events that she has conducted for so many candidates, but especially me. Ann Chapman is an inspiration to many of us in the St George and Sutherland shire region. We can never repay her enough for her contribution to the arts, health and community services as well as maintaining a valued political social base for the betterment of our families' future.

PUBLIC HOUSING RENT FREEZE

The Hon. WALT SECORD [6.46 p.m.]: In September 2009 the Federal Government increased the single pension by $30 a week to help struggling older Australians. The $30 a week increase was in response to the review of pensions by Dr Jeff Harmer. I remember the review process well. At the time I was chief of staff in Canberra to the Federal Minister for Ageing, Ms Justine Elliot. She also represents Richmond on the Far North Coast of New South Wales. More than 2,000 Australian pensioners and organisations contributed to that review, and rallies were held across the country, including a large one in the Tweed, which was attended by hundreds of pensioners. Together, we secured the pension increase. The increase was to help with the cost of living—fuel, groceries, medicines and other necessities. Last week I had the honour to be appointed Labor's duty member of the Legislative Council for the electorates of Tamworth, Campbelltown, Parramatta, Wollondilly, Camden and the Tweed.

The Hon. Charlie Lynn: Camden? Give me a ring when you are out there, Walt, and we will have a chat.

The Hon. WALT SECORD: I will, Charlie. I know that pension issues are very important to all those electorates, but especially to the Tweed. Approximately 28 per cent of the Tweed electorate's population is 65 years of age and older. In fact, the Tweed ranks second in the State only behind Port Macquarie for the number of people in its population who are over the age of 65 years. Pensions and their impact on the community are very important to Tweed constituents—as well as to pensioners across the whole State, for that matter. Today I draw the attention of the House to an issue affecting single pensioners, who are the most vulnerable members of our society. At this moment, there are almost 70,000 single pensioners living in New South Wales public housing accommodation. Among those are 1,000 war veterans and 720 war widows.

These pensioners survived the Great Depression. They fought in World War II. They built this country and they deserve our support. But there is an issue that is causing them major concern. They want to know—and they have a right to know—whether the O'Farrell Government will continue the rent increase freeze that was introduced by Kristina Keneally on 11 October 2010. The freeze is set to expire and there is no commitment from the O'Farrell Government on this issue. Our 70,000 single pensioners have a right to know where the Government stands. They live week to week and have to plan their budgets with incredible precision. They adjust their lives accordingly; they make cuts and tighten their belts even further.

During the March 2011 State election campaign Barry O'Farrell said he would look after pensioners. He also said that he would respond to their concerns about the impact of the cost of living on them. On behalf of those pensioners, I call on the Premier to state clearly and unequivocally that his Government will not take any 14 June 2011 LEGISLATIVE COUNCIL 2211

part of the $30 a week increase from single pensioners in public housing. In fact, in the face of clear ongoing cost of living pressures Barry O'Farrell should go one step further and freeze the rent increase permanently. Queensland, South Australia, Western Australia and the Northern Territory have already done so.

If he does not grant the freeze, rents for the most vulnerable in the State will go up on average by $9.60 a week. That amounts to between one-quarter and one-third of the entire pension increase, and translates to $500 a year. The $30 weekly pension increase from the Federal Government was intended for the State's pensioners, not Housing NSW. This will cost the State Government $26 million a year. Housing NSW manages assets worth $28 billion and its 2009-10 budget was $2.6 billion. In comparison, $26 million a year is miniscule. With that large budget, Housing NSW can absorb the costs for the sake of our State's pensioners.

The Keneally Government's rental increase freeze ensured that the entire $30 a week pension rise would go straight to pensioners in public housing. The rental increase freeze is set to expire on 20 September. The O'Farrell Government has some simple questions to answer. Will it give our pensioners the cost of living break they deserve? Will it give them the support they have earned? Will it continue the example set by the previous Government? Or does it plan to claw back up to one-third of the $30 weekly pension increase and leave our pensioners struggling with even greater cost of living pressures? I know this is a big concern for our pensioners in the Tweed and across the State. A large number of seniors' organisations are watching the outcome closely. Certainly, the Combined Pensioners and Superannuants Association, and the Council on the Ageing and National Seniors will be among them. I am pleased to be able to seek these answers on their behalf and on behalf of the State's 70,000 single pensioners in public housing accommodation.

LIVE ANIMAL EXPORTS

The Hon. JEREMY BUCKINGHAM [6.51 p.m.]: I bring to the attention of the House how live exports destroy regional jobs. On behalf of regional New South Wales I speak on the impact of the live export trade on the State's meat processing industry. I make it clear that I consider the export of live animals for slaughter in foreign countries abhorrent. Images shown recently on Four Corners were extremely difficult to watch. I note the comments of the Chairman of Meat and Livestock Australia, who said:

As a cattle producer, like all producers in Australia, I found the Animals Australia footage highly distressing. It is completely unacceptable that any animal could be treated in this way.

Such treatment was condemned by the whole community. The Greens have a clear policy position of prohibiting live animal exports. Evidence that has come to light demonstrates that on animal welfare issues alone this policy position is clearly justified. The Greens are concerned at the Federal Government's knee-jerk reaction to this issue and the stranding of hundreds of thousands of animals in northern Australia. We may have another disaster on our hands, with those hundreds of thousands of cattle starving to death or having to be shot. However, I am speaking not about animal welfare but about the industry and employment implications in New South Wales from continued support for an expanding live export trade. In response to my recent question in this House, the Hon. Duncan Gay said:

New South Wales is not directly involved in the live export meat trade.

Despite that response, I seriously question the validity of his answer; in fact, the implications for New South Wales from live exports are serious. It is not practical for the former Opposition spokesperson for primary industries to claim that almost no New South Wales cattle are exported live. It seems that his reasoning is based purely on an observation that the animals do not depart Australia from the port of Botany, Port Kembla or Newcastle. In reality, it is impossible to tell where these beasts go when sold at various stages of their lives within the very free-flowing market conditions in Australia. The Minister made no mention of sheep in his response.

Despite his assurances that all industry statistics are freely available, his claims simply do not stack up when compared with experiences in regional New South Wales. The discussions I have had with people with an understanding of the impacts in New South Wales of the live export industry are that large numbers of sheep in particular, primarily produced in New South Wales, are transported for export from other Australian States. The same can be said for some cattle that are often moved to the Northern Territory or Western Australia to be fattened before export. There is a significant issue associated with the increase of the live export market over the past decade in relation to the sustainability of regional abattoirs and meat-processing facilities. It is remarkable that the Minister did not identify this connection as it impacts on a core constituency for The Nationals. Specifically, the reduced availability of stock is undermining the viability of the meat processing sector and the many hundreds of regional jobs that it supports. 2212 LEGISLATIVE COUNCIL 14 June 2011

In 2010 the ABC reported that at least six red meat abattoirs had shut in New South Wales in the seven years since 2003. I come from Orange and in the very recent past I recall the closure of abattoirs at Orange, Cowra, Young and Mudgee. Job losses associated with these closures have a substantial impact on regional communities, resulting in many unemployed, socially disadvantaged and unskilled labourers. The closure of the Burrangong Meat Processors in Young last year resulted in 300 workers being stood down, many of whom were from different backgrounds and many who had emigrated to Young. The meat workers union clearly blames live exports for the lack of supply at abattoirs, leading to hundreds of workers being retrenched or losing shifts. In the year to 2010 cattle exports increased by 10 per cent, with sheep numbers decreasing on the back of reducing flocks.

The meat processing industry continues to haemorrhage workers as livestock numbers plummet to record lows. After talking recently to people in the industry, I learned that another reason the export trade impacts on the meat processing industry in regional New South Wales is that domestic abattoirs simply cannot compete on price compared with buyers looking to meet export demands. For the Greens there exists a win-win opportunity. By phasing out live exports and removing the possibility of horrible animal welfare outcomes, the meat processing industry will have an opportunity to expand and create new jobs. The bulk of this jobs benefit will be in rural and regional New South Wales. The State Government must consider an appropriate regulation and provide industry assistance to ensure that regional New South Wales can benefit in jobs and other opportunities.

AUSTRALIAN NATIONAL JUDO CHAMPIONSHIPS

The Hon. Dr PETER PHELPS [6.56 p.m.]: In the short time remaining for this debate I congratulate competitors from New South Wales and the Australian Capital Territory who took part over the past weekend in the Australian National Judo Championships. I congratulate Isabelle Kopecny, who pulled off the remarkable quinella of winning the women's under 78 kilogram division and the Open division. I congratulate Catherine Arscott, who, with her win over the weekend, is now a five-time Australian champion and Moe Sakio from the Australian Capital Territory, who has won her division for the past three years.

In the men's divisions I congratulate Byungchung Kwon from the University of New South Wales and Duke Didier from the Australian Capital Territory on their first wins and Gavin Kelly, who had his first win at the Australian championships in 1995. Gavin's win on the weekend is the tenth time he has been crowned an Australian champion and is living proof that age and guile beats youth and enthusiasm any day. Slightly closer to home, I congratulate the bronze medallist in the boys' under 36 kilogram division, Thomas Phelps, and the Australian champions in the girls' under 32 kilogram and under 29 kilogram divisions, Victoria Phelps and Jane Phelps. They are champions, one and all.

[Time for debate expired.]

Question—That this House do now adjourn—put and resolved in the affirmative.

Motion agreed to.

The House adjourned at 6.58 p.m. until Wednesday 15 June 2011 at 11.00 a.m.