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3337 LEGISLATIVE COUNCIL Tuesday 2 August 2011 __________ The President (The Hon. Donald Thomas Harwin) took the chair at 2.30 p.m. The President read the Prayers. The PRESIDENT: We acknowledge the Traditional Owners, the Gadigal People of the Eora nation. We also acknowledge the Traditional Owners of the lands we represent and thank them for their custodianship of country. ASSENT TO BILLS Assent to the following bills of the previous session reported: Destination NSW Bill 2011 Environmental Planning and Assessment Amendment (Part 3A Repeal) Bill 2011 Infrastructure NSW Bill 2011 Local Government Amendment (Elections) Bill 2011 Parliamentary, Local Council and Public Sector Executives Remuneration Legislation Amendment Bill 2011 Regional Relocation (Home Buyers Grant) Bill 2011 Statute Law (Miscellaneous Provisions) Bill 2011 INDUSTRIAL RELATIONS AMENDMENT (PUBLIC SECTOR CONDITIONS OF EMPLOYMENT) BILL 2011 Protest The President reported the following communication from the Official Secretary and Chief of Staff to Her Excellency the Governor to the Clerk of the Parliaments: Office of the Governor Sydney 2000 22 June 2011 Ms Lynn Lovelock Clerk of the Parliaments Legislative Council of New South Wales Parliament House Macquarie Street SYDNEY NSW 2000 Dear Ms Lovelock I write to acknowledge receipt of your letter of 14 June 2011, in which you forwarded a copy of the Protest made by the Honourable Luke Foley MLC against the Industrial Relations Amendment (Public Sector Conditions of Employment) Bill 2011, as entered in the Minutes of Proceedings of the Legislative Council on that date. I confirm that I have drawn your letter, and the Protest appended to it, to the attention of Her Excellency the Governor. Yours sincerely Noel Campbell Official Secretary and Chief of Staff 3338 LEGISLATIVE COUNCIL 2 August 2011 LEGISLATIVE COUNCIL VACANCY Joint Sitting The President reported the following communication from Her Excellency the Governor: Office of the Governor Sydney 2000 22 June 2011 The Honourable Don Harwin MLC President Legislative Council of New South Wales Parliament House SYDNEY NSW 2000 Dear President I write to acknowledge receipt of your letter of 20 June 2011, in which you informed me of the outcome of the Joint Sitting of the members of the Legislative Council and the Legislative Assembly held on that date. I note that Mr Steven James Robert Whan was elected as a member of the Legislative Council to fill the vacant seat caused by the resignation of Mr Anthony Bernard Kelly. Yours sincerely Professor Marie Bashir AC CVO Governor of New South Wales ADMINISTRATION OF THE GOVERNMENT OF THE STATE The PRESIDENT: I report the receipt of the following message from the Hon. Thomas Frederick Bathurst, Administrator of the State of New South Wales: Office of the Governor Sydney 2000 T Bathurst ADMINISTRATOR The Honourable Thomas Frederick Bathurst, Chief Justice of New South Wales, Administrator of the State of New South Wales, has the honour to inform the Legislative Council that, as a consequence of the Governor of New South Wales, Professor Marie Bashir, having assumed the administration of the Government of the Commonwealth, he has this day assumed the administration of the Government of the State. 31 July 2011 DEATH OF THE HONOURABLE JAMES MILTIADIS SAMIOS, AM, MBE, A FORMER MEMBER OF THE LEGISLATIVE COUNCIL The PRESIDENT: I announce with great regret the death of the Hon. James Miltiadis Samios, AM, MBE, aged 77 years, who was a member of this House from 1984 until 2003. On behalf of the House I have extended to his family the deep sympathy of the Legislative Council in the loss sustained. Members and officers of the House stood in their places as a mark of respect. JAPAN EARTHQUAKE The PRESIDENT: I report the receipt of the following communication from Shigekazu Sato, the Ambassador of Japan: Ambassador of Japan Canberra 4 July 2011 The Hon. Don Harwin, MLC President Legislative Council of NSW Parliament House Sydney NSW 2000 Mr President, I would like to take this opportunity to thank you and the Legislative Council of NSW for agreeing, on 22 June, to the resolution in its House concerning the Great East Japan Earthquake of 11 March 2011. 2 August 2011 LEGISLATIVE COUNCIL 3339 Please also accept my sincere thanks for the House extending its condolences to the people of Japan. I too believe my people's strength, courage and unity shall pull them through this tragedy. We received many warm messages and generous donations from the Australian people in which the Japanese people will find most encouraging knowing that their friends in Australia are thinking of them. Yours sincerely Shigekazu Sato Ambassador of Japan NORWAY KILLINGS The PRESIDENT: I inform the House that, on behalf of members of the Legislative Council and the people of New South Wales, a message of condolence has been sent to the Ambassador of the Royal Norwegian Embassy expressing sympathy to the relatives and friends of the people who were killed or injured by the recent bomb attack in the central government district of Oslo and the shootings at the Utoya Island youth camp. Members and officers of the House stood in their places as a mark of respect. PARLIAMENTARY ETHICS ADVISER Report The PRESIDENT: According to the terms of the agreement made with the Clerk of the Parliaments and the Clerk of the Legislative Assembly, I table the annual report of the Parliamentary Ethics Adviser for the year ended 30 June 2011. TABLED PAPERS NOT ORDERED TO BE PRINTED The Hon. Greg Pearce tabled, pursuant to Standing Order 59, a list of all papers tabled and not ordered to be printed since 1 June 2011. TABLING OF PAPERS The Hon. CATE FAEHRMANN: I seek leave to table a paper containing 1,328 signatures requesting the decriminalisation of abortion. The PRESIDENT: Is it a petition? The Hon. CATE FAEHRMANN: It is a paper. The PRESIDENT: The member can seek leave table the paper on this occasion. However, if members wish to seek leave they normally consult other members beforehand. Does the member wish to proceed at this stage? The Hon. CATE FAEHRMANN: Yes. The PRESIDENT: Is leave granted? Reverend the Hon. Fred Nile: No. Leave not granted. AUDITOR-GENERAL'S REPORT The Clerk announced the receipt, pursuant to the Public Finance and Audit Act 1983, of a performance audit report of the Auditor-General entitled "Improving Road Safety: Speed Cameras—Roads and Traffic Authority", dated July 2011, received out of session and authorised to be printed on 27 July 2011. 3340 LEGISLATIVE COUNCIL 2 August 2011 MENTAL HEALTH INQUIRY Production of Documents: Return to Order The Clerk tabled, pursuant to resolution of 21 June 2011, documents relating to an order for papers regarding the mental health inquiry process received on 5 July 2011 from the Director General of the Department of Premier and Cabinet, together with an indexed list of the documents. Production of Documents: Claim of Privilege The Clerk tabled a return identifying those of the documents that are claimed to be privileged and should not be tabled or made public. The Clerk advised that pursuant to standing orders the documents are available for inspection by members of the Legislative Council only. KFC RESTAURANT DEVELOPMENT Production of Documents: Return to Order The Clerk tabled, pursuant to resolution of 23 June 2011, documents relating to an order for papers regarding the development of a KFC restaurant received on 7 July 2011 from the Director General of the Department of Premier and Cabinet, together with an indexed list of the documents. STANDING COMMITTEE ON STATE DEVELOPMENT Reference The Hon. RICK COLLESS: I inform the House that, in accordance with paragraph 5 (1) (b) of the resolution of the House relating to the establishment of standing committees, on 7 July 2011 the Standing Committee on State Development resolved to inquire into the following terms of reference from the Minister for Western New South Wales, Mr Kevin Humphries: That the Standing Committee on State Development inquire into and report on the factors restricting economic and social development in central western New South Wales, and in particular: (a) the provision of health, education and cultural facilities; (b) the reasons for population decline or growth in different areas; (c) the adequacy of transport and road infrastructure; (d) ways to encourage development of local enterprises and the potential of the region overall; (e) the comparative level of government business activity located within the region; (f) methodologies for local government to collectively cooperate to achieve increased infrastructure funding and economic growth; and (g) any other factor restricting economic and social development in central western New South Wales. STANDING COMMITTEE ON SOCIAL ISSUES Reference The Hon. NIALL BLAIR: I inform the House that, in accordance with paragraph 5 (1) (b) of the resolution of the House relating to the establishment of standing committees, on 25 July 2011 the Standing Committee on Social Issues resolved to inquire into the following terms of reference from the Minister for Family and Community Services, Ms Pru Goward: That the Standing Committee on Social Issues inquire into and report on domestic violence trends and issues in New South Wales, and in particular: (a) strategies to reduce breaches and improve compliance with apprehended domestic violence orders [ADVOs], including: (i) the use of GPS bracelets, and (ii) whether existing penalties for domestic violence are adequate; 2 August 2011 LEGISLATIVE COUNCIL 3341 (b) early
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