5437

LEGISLATIVE ASSEMBLY

Thursday 20 November 2003 ______

Mr Speaker (The Hon. John Joseph Aquilina) took the chair at 10.00 a.m.

Mr Speaker offered the Prayer.

QUARANTINE STATION PRESERVATION TRUST BILL

Bill received and read a first time.

Second reading ordered to stand as an order of the day.

Mr SPEAKER: I have been advised that the honourable member for The Hills will have the carriage of the bill in this House.

ROADS AMENDMENT (TRANSFER OF CROWN ROADS) BILL

Bill introduced and read a first time.

Second Reading

Mr (Upper Hunter) [10.04 a.m.]: I move:

That this bill be now read a second time.

It is a great pleasure to introduce this bill, which has a history. First, it is identical to a bill I proposed in 1995. That bill arose as a result of the inability of local government to find meaningful insurance for Crown roads. The Government of the day—the current Government—opposed that bill, but made a commitment to undertake significant consultation with the industry and to set up a task force and a process. Unfortunately, nothing transpired. Crown roads can still be forced onto local government, creating an unfunded mandate whereby the ratepayers can be responsible for their upgrade and/or maintenance. The issue arose from two cases. The first related to Cassels Road in the shire of Singleton, which the Department of Lands forced onto the Singleton Shire Council without consultation and without any form of compensation to cover the capital requirements of the road and its ongoing maintenance. The second case involved Tallawarra Road in the Illawarra. Wollongong Council was forced to accept dedication of that road.

I raised the question of Cassels Road in a question on notice and I was pleased to receive a response from the Minister representing the Minister for Local Government stating that the order for dedication was rescinded and that deliberations had been initiated again, as they had been in 1995, to develop a better and more consultative process. That was a satisfactory outcome as far as the Singleton Shire Council was concerned. However, no such commitment has occurred in respect of Tallawarra Road and the dedication has been maintained. Arising from the consultation process in the drafting of this bill, a number of other councils indicated that at one stage or another they have faced or are facing forced dedication of a Crown road. The councils dealing with forced transfer of Crown roads are Bombala Council, Manilla Shire Council, Dubbo City Council, Council, Murrurundi Shire Council, Wollongong City Council, Cobar Shire Council, Newcastle City Council, Scone Shire Council, Narrandera Shire Council and Copmanhurst Shire Council.

The genesis of this bill is the fact that transfers of Crown roads to other government instrumentalities, in particular Crown roads transferred from the Department of Lands to the Roads and Traffic Authority, are undertaken after consultation and concurrence. Local government is very much the poor cousin as far as the Roads Act is concerned. Local government is simply asking for that same level of consultation and concurrence. In many cases these roads are unproven tracks that require improvement to all-weather passages and ongoing maintenance. That is a significant burden to impose by dedication. The constant transfer of unfunded mandates is part of the overall problem local government faces in its dealings with the State Government. In this case it is the dedication of Crown roads to local government and the subsequent costs. 5438 LEGISLATIVE ASSEMBLY 20 November 2003

This bill confers on local government the same powers as are ascribed to agencies such as the Roads and Traffic Authority; that is, the right to consultation, negotiation and concurrence. That is only reasonable. If that does not occur, these dedications represent a significant cost-shifting exercise from the State Government to the lower tier of government. That is unfair on ratepayers and unfair on people who are part of that local community, whether they are residents or land-holders. One way or another they will suffer, either because the council is committed to this expenditure and therefore cannot fund other worthwhile community activities such as libraries and other things, or because as property owners the burden through the rating structure will impact heavily on them.

This is a plea on behalf of local government to the State Government for more consultation, to take the third tier of government more genuinely and to enter into meaningful and appropriate partnerships in sharing the responsibility of governments in this State. It is entirely appropriate to provide for consultation and concurrence by local government. The Government should consider this bill. I have one large folder of letters I received from local government in 1995 when this bill was presented, and I have another large folder of letters I received from local government in 2003 when I undertook consultation. I can assure honourable members that virtually all councils in their constituencies have a protest about the Government's pernicious approach to the forced transfer of Crown roads onto local government. The Government should take particular note of the importance of this issue to local government. The correspondence I have received demonstrates that it is an active and live issue for each and every one of their communities, just as it is for members of the Coalition. This issue will not go away and the Coalition will not let it rest. I commend the bill to the House.

Debate adjourned on motion by Mr Neville Newell.

CIVIL LIABILITY AMENDMENT (MENTAL ILLNESS) BILL

Bill introduced and read a first time.

Second Reading

Mr ANDREW TINK (Epping) [10.11 a.m.]: I move:

That this bill be now read a second time.

This bill is different to the Civil Liability Amendment Bill that was considered by this House last night because this bill covers the Presland matter. I moved an amendment last night in Committee, which was defeated along party lines, and I now bring this bill forward to specifically deal with Presland and the class of people like Presland. This is necessary because the way the Government has proceeded provides no guarantee that we have done all we can do to ensure that Presland does not get damages. Honourable members may recall that following his killing of a woman by slitting her throat, Presland was awarded $300,000 damages. The Government is appealing that decision but there is no guarantee that the appeal will be upheld. I believe that the Government can, and should, be doing more to ensure that Presland does not get the money.

Last night the Minister for Health, on behalf of the Attorney General, made it clear that the Government's legislation covers Trimarchi and Rea, who have filed proceedings but whose proceedings have not at this stage proceeded to a judgment. In that respect Presland is different but the Government has embraced the concept of retrospectivity in this particular public policy area. In this bill I seek to extend the concept of retrospectivity back to and including Presland. I want to read onto the record advice given to me by Parliamentary Counsel specifically in relation to this bill so that, heaven forbid, if this matter does go pear shaped in the courts, there is a record of what the Opposition tried to do, based on what I believe is proper advice. On 14 October Parliamentary Counsel provided advice in relation to this bill and stated:

I refer to your request for advice about the operation of the Bill in connection with pending proceedings.

The bill makes it clear that the prohibition on the recovery of damages by a person who suffers loss or injury in connection with the person's commission of a serous criminal offence (section 54) extends to a person who is found not guilty of committing such an offence because of mental illness or who is unfit to be tried because of mental illness.

The bill is expressed to commence retrospectively on the date that notice of motion for the bill was given (i.e. 3 September 2003). The transitional provisions in schedule 1[2] declare that the bill applies to proceedings pending on that date (including proceedings on appeal on that date). The provision is intended to ensure that the bill applies to deny the recovery of damages by Presland (even if the current appeal against the award of damages to Presland would otherwise have been unsuccessful). The bill will also deny the recovery of damages by other similar plaintiffs whose cases have not yet been initially determined. 20 November 2003 LEGISLATIVE ASSEMBLY 5439

They are covered now by the Government's bill, but Presland is not. The advice continues:

The Presland decision is not reversed directly and specifically by the bill (because that would be likely to raise constitutional issues related to the Kable case) but by changing retrospectively the underlying law applicable to the case (and thereby requiring the Appeal Court to reverse the initial decision in favour of Presland).

It is unlikely that the transitional provisions would be construed as applying to the Presland case if the appeal is determined before the bill is passed (unless there is the possibility of a further appeal being lodged to challenge the decision).

Although the Civil Liability Act was in 2002 applied to proceedings instituted after the Premier's announcement of the proposed reforms and before the commencement of the Act, it did not apply to the Presland case because I understand the proceedings had been instituted before the Premier's announcement. Accordingly, in order to apply section 54 of the Act to the Presland case, it is necessary for the transitional provision in the bill to apply that section even though the proceedings were instituted before the Premier's announcement and the Act generally would not otherwise apply. This makes the transitional provisions particularly complex.

It must be said, however, that the attempt to apply the bill in a way that effectively reverses a court decision in the case concerned rather than in its future application is unprecedented (ordinarily retrospective legislation removed the prospect of success of litigants in pending proceedings that have not been decided by the initial court of trial). As the Kable case demonstrated, such unprecedented measures can sometimes have unexpected results.

I am only trying to ensure that we, on this side of the House, do absolutely everything to make sure that Presland does not keep $300,000 awarded as a result of killing a woman by slitting her throat. The Opposition is doing everything it possibly can. I am very sorry that the Government rejected our amendment last night that would have had the same effect as this measure. I hope it will reconsider and support this bill. I commend the bill to the House.

Debate adjourned on motion by Mr Neville Newell.

DUTIES AMENDMENT (STAMP DUTY REDUCTION) BILL

Bill introduced and read a first time.

Second Reading

Mr JOHN BROGDEN (Pittwater—Leader of the Opposition) [10.17 a.m.]: I move:

That this bill be now read a second time.

Home ownership has always been a central part of the great Australian dream. Home ownership has underpinned the economic growth of over the past generation. It has been the vehicle by which singles, couples and families have secured their financial future. It has always been at the foundation and core of financial security and freedom. Home ownership should be something that government encourages, rather than discourages. The stamp duty take in is out of control. Whilst the consumer price index has increased by approximately 25 per cent, and house prices in Sydney have risen 130 per cent, the stamp duty take in New South Wales has risen by more than 200 per cent.

Each year the take grows, each year more and more singles and families are excluded from the housing market—and each year under Labor this Treasurer grows lazier and the Government grows fatter. His record defies belief. In 1997 Michael Egan said the budget would collect only $1.6 billion in stamp duty, but property prices delivered him an additional $253 million windfall. In 1998 he did it again and said he would only take $1.5 billion, but then he got an additional windfall of $386 million. And each year since then he has done the same thing. In 1999 he budgeted for $1.7 billion in stamp duty and—surprise, surprise—he ripped out another $681 million from families. Last year this windfall surged to a record $955 million. Since 1997 the Government has received over $3.7 billion in unexpected stamp duty windfalls and it has not given one cent back in tax cuts. It is about time the Government started giving back. This bill attempts to redress the Government's greedy obsession and ideological opposition to home ownership. Stamp duty in New South Wales is out of control.

According to the respected property research house Residex, 115 suburbs in Sydney report stamp duty levels in excess of $20,000. Let me outline some of the increases that have occurred in Sydney house prices since the first year of the Carr Government in December 1995. In Bondi Junction stamp duty has risen from $11,870 to $35,315, an increase of 198 per cent; in Coogee it has risen from $14,390 to $47,382, an increase of 229 per cent, in Stanmore stamp duty has risen from $6,540 to $26,788, an increase of 310 per cent; in Manly it has risen from $14,750 to $60,153, an increase of 308 per cent; in Ryde stamp duty has risen from $7,205 to 5440 LEGISLATIVE ASSEMBLY 20 November 2003

$23,165, an increase of 222 per cent; in Concord it has risen from $8,868 to $31,130, an increase of 251 per cent; in Parramatta stamp duty has risen from $4,265 to $14,953, an increase of 251 per cent; and in West Hoxton it has gone from $1,332 to $15,470—an increase of 1,061 per cent in 8½ years!

It is little wonder the Federal Labor shadow Treasurer, Mark Latham—who is also the local member for Werriwa, which includes the suburb of West Hoxton—has called on Michael Egan to cut stamp duty. This is what Mark Latham says about Labor's performance on home affordability:

Basically you can't get into the Sydney market unless you're inheriting a home or you come from a very high income.... We're losing a large part of the great Australian dream.

It is a damning indictment of the Carr Government—its failure to provide genuine home affordability to the people of New South Wales. And it is not only a Sydney problem. The Residex data on house and unit prices in New South Wales from September 2002 to September 2003 shows that 72 out of 75 of the largest stamp duty increases have occurred in regional New South Wales. In the last year alone stamp duty on units in Queanbeyan increased by 178 per cent; in Taree stamp duty on units increased by 155 per cent; in Orange stamp duty on units went up by 129 per cent; in Yass stamp duty on house prices increased by 125 per cent; in Coffs Harbour stamp duty on units increased by 123 per cent; in Tweed Heads, the seat of the Parliamentary Secretary who is now sitting at the table, stamp duty on units went up by 109 per cent; and in Kempsey stamp duty on houses increased by 101 per cent. That is not an eight-year figure but a 12-month figure.

Those increases in stamp duty mean massive amounts of money for Treasury in 2002-03 and again in this budget year, 2003-04, and still the Government refuses to give back a cent in terms of fundamental stamp duty relief and fundamental home ownership affordability to families in New South Wales. The Coalition's stamp duty reduction plan is responsible, and it would cost $880 million over four years. The Premier has said he cannot support this stamp duty reduction plan because the Government cannot afford it. He says it will eat into funding for hospitals and schools. Clearly, the Premier has not read his own budget papers.

The projected budget surplus for the next four years is $2.1 billion. The Coalition's stamp duty reduction plan uses less than half that surplus to fund cuts to stamp duty and an increase in the affordability of housing options for families. To the Premier I say, "The money is from the surplus, stupid! It is time for you to give some of that money to families in New South Wales." There is a fundamental difference between the Labor Party and the Liberal-National Coalition. The Premier thinks a surplus is your money for him to spend. The Coalition thinks a surplus is your money to be given back to you in the form of tax cuts. If we collect more money than we need, it ought to go back to New South Wales families in the form of tax cuts. If Labor collects more money than it needs, it finds projects to waste it on: the Millennium trains, the Parramatta to Liverpool bus-only transitway and, as the shadow Minister for Utilities reminds me, the billing system for Sydney Water, on which $60 million was wasted.

The Premier also runs the line that stamp duty is cheap, that it is amongst the lowest in the nation. We live in the most expensive city in the country, and it is not being helped by this big-spending, big-wasting Government. I challenge the Premier to tell his neighbours and constituents in his electorate of Maroubra—who now pay, on average $32,000 in stamp duty—that stamp duty is cheap. It is not—and the Premier knows it.

The Premier's most recent property transaction was not in Australia, it was in New Zealand. I might take this opportunity to extend to the part-time New Zealand farmer Bob Carr the commiserations of the Opposition on the loss of his new national team on Saturday night. The Premier did not pay stamp duty when he undertook a property transaction in New Zealand recently, but his neighbours in Maroubra pay massive stamp duty bills. This is a classic Bob Carr con. The Premier says he cannot afford the cut, but he could, and should, override Michael Egan and adopt the Coalition's legislation.

There are four components to the Coalition's stamp duty reduction plan. First, the plan will equalise the city and country thresholds for the First Home Plus Scheme at $300,000 in the first year. This recognises that the current property boom in New South Wales is not simply a Sydney property boom, it is a New South Wales property boom. Families outside Sydney should have the same access to the First Home Plus Scheme that people in the city have had. Second, the plan will cut stamp duty on transfers by 5 per cent from 1 July 2004. Third, it will cut stamp duty transfers by 7.5 per cent from 1 July 2005. Fourth, it will cut stamp duty transfers by 10 per cent from 1 July 2006.

For the buyers of a typical Sydney house costing $465,000—that is the average cost of a house in Sydney in November 2003—this means a saving of $820 from 1 July 2004, a saving of $1,231 from 1 July 20 November 2003 LEGISLATIVE ASSEMBLY 5441

2005, and a saving of $1,641 from 1 July 2006. This bill is responsible. It provides a tax cut and it preserves the surplus. It allows people to make their own decisions about housing without undue interference from government. But, most importantly, it gives something back. This is a very different approach to that of Michael Egan and Labor. As we in the Coalition like to say, the Premier has never seen a tax he did not like, and Michael Egan has never seen a tax he did not hike. This is a government that is addicted to high taxation.

Unlike Labor, the Coalition believes in providing affordable home ownership, whether it is through this plan or through our longstanding commitment to a balance between urban land release in Sydney and urban consolidation—which this Government has strangled over the years, forcing increases in the price of land and housing in Sydney. We believe that affordable home ownership is part of the bedrock of strong communities. Government has no place standing in the way of a young couple or a single person embarking on the great adventure of home ownership.

This Government can afford a stamp duty cut, and it must provide it to families. In the last month we have seen an interest rate rise from the Reserve Bank of Australia of 250 basis points. This may be followed, whether it is in December or the new year, with another 250-point increase. It puts more pressure on families, and it puts more pressure on affordability. At the exact point when interest rates are rising, the Government must take this opportunity, provided to it by the Liberal-National Coalition, to put in place a cut in stamp duty.

In May this Government delivered a budget that massively increased taxes and spending but did not provide any relief or reform. Indeed, some weeks ago the discredited Minister for Housing, came forward with his own plan for housing affordability. What did his plan propose? To cut stamp duty—but he argued that the Federal Government should cut it. The Carr Government has plenty of taxpayers' money in the bank, and that gives it an enormous opportunity to begin to cut stamp duty. A 10 per cent cut in stamp duty, phased in over four years, will provide families with relief. As interest rates rise and housing becomes a little less affordable, as home ownership fades for people who want to get off the rental market and own their first home, this cut in stamp duty will make home ownership a little bit more affordable. The cut in stamp duty proposed by this bill provides a stark contrast between a high-taxing, high-waste Labor Government and a Coalition that will be elected to government in March 2007, marked by its dedication to cutting tax, cutting waste and making home ownership affordable again in New South Wales. I commend the bill to the House.

Debate adjourned on motion by Mr Neville Newell.

STATE ARMS, SYMBOLS AND EMBLEMS BILL

Second Reading

Debate resumed from 28 October.

Mr IAN ARMSTRONG (Lachlan) [10.30 a.m.]: As 2003 draws to an end there is a lot of business before the Parliament to be dealt with. That is not unusual for governments in this State: this is a particularly popular time for governments to bring on legislation that may be the subject of some controversy. That is because as we move into the festive season the media and the public might be inclined to overlook such legislation. That is especially so this year, when some events are capturing the imagination and exercising the minds of most people in the street, such as the Rugby World Cup and the Australian Idol program. This is an opportune time to introduce measures that attract some controversy.

The House is debating, and later no doubt will vote on, the State Arms, Symbols and Emblems Bill, which, essentially, provides that anything to do with the history of European settlement of this country, the history of our democratic system, the history of the Westminster system of Parliament which derives from the United Kingdom, is to be erased or removed from walls and public places that have these symbols of our history. That is, we are about to completely turn our back on the birthplace, the cradle of our parliamentary system, and on a most important part of our European history.

In a lighter vein, might I suggest that if we want to erase the United Kingdom, let us concentrate on doing that by erasing England in the final of the 2003 Rugby World Cup. In the meantime, let us be serious about the effect of this bill. Clause 3 of the bill has these definitions:

Royal arms of the United Kingdom means the arms of sovereignty and dominion borne by Her Majesty Queen Elizabeth II in her capacity as Queen of the United Kingdom of Great Britain and Northern Ireland (as used in England, Scotland or any other part 5442 LEGISLATIVE ASSEMBLY 20 November 2003

of that kingdom) or by any of her predecessors in the sovereignty of that kingdom or any part of it, which are also collectively known as the Royal arms, and includes any arms that replace those arms.

State arms means the armorial ensigns and supporters the blazon of which is set out in Part 1 of Schedule 1 and an indicative monochrome depiction of which is set out in Part 2 of Schedule 1. The State arms may be depicted in the colours set out in the blazon or in monochrome.

State emblem means any flower, animal, bird or other animate or inanimate object the description of which is set out in Schedule 3.

I have a question. What is wrong with our history? Why, suddenly, have we decided we are ashamed of our history? Why, suddenly, have we decided we want to cut ourselves off? Which honourable members would like to change their family names? Would they like to change their Christian names because they are basically English? If so, we should get really fair dinkum. Let all the Davids, Williams, Thomases, Marys and Margarets make a pact to change our names, reject our ancestry, reject our origins, reject the country that not only gave us our culture and our parliamentary system but set the foundation for the genetics of our population as well as our animals.

England gave us ways to manage our water, it gave us dignity and trained us in times of war, and it gave us a code of conduct that has served us so well in peacetime. Indeed, it gave us the basis of our policing system and of our armies, going back to the Boer War. So why the sudden decision to reject all that? Will we become Alphonses and so on because we can no longer have an English name? When these symbols are removed, will our names go with them? Must we change our history? Are we to write letters rejecting our British history, or anything to do with it? Are we going to change all the standing orders of this Parliament? Are we going to replace them with the standing orders of Mauritius? There are a lot of people here from Mauritius, and they are good people.

Ms Clover Moore: Well, some non Anglo-Saxon country?

Mr IAN ARMSTRONG: Yes, that's the idea! Let's get right away from our Anglo-Saxon background.

Ms Clover Moore: Let's get right into racism!

Mr IAN ARMSTRONG: Yes, that's the go! Let's get rid of all that stuff! Suddenly we have decided that our history has done us harm, that it is an embarrassment. I challenge anyone, in or out of this Chamber, to tell me why it is a source of embarrassment. We are the greatest nation on earth today. Sure, there are a few warts. There always are. That is the fault of the people, not the fault of the system or of our history. My performance is not the fault of my ancestors. How I act is not the fault of my parents, my grandparents or my Irish and Scottish ancestors. My actions are mine alone. Our policing, the way we conduct business, and the way we conduct debates in this place—with fairness and equality—and the way that the majority rules at election time are all part of our history.

In this society everybody is free to speak their minds on the streets—as they do every day. Try doing that in the non-Westminster systems throughout the world! Try going out onto the street and speaking your mind about anything, about your personal preferences or any subject you care to name, and see how you go! You can do that here in Australia. It is a darned shame that we are not prepared to stand up and acknowledge that our systems are the envy of most other nations throughout the world. That is one of the reasons why so many people want to come here. It is very noticeable that people want to come here. They want to come here legally, illegally, by the backdoor, front door, fly in, sail in—however they can get here!

Ms Clover Moore: And as tourists.

Mr IAN ARMSTRONG: Indeed, and as tourists. I am told that about 20,000 English tourists are here this week for an event on Saturday night. Clause 4 (1) of the bill provides:

State arms or symbols to be used for all official purposes

(1) Whenever after the commencement of this Act, in a Parliament building, a courthouse, an office or official residence of the Governor or a Government office, in any other building or place, or on any official seal or document, or in any other connection, arms representing the authority of the Crown or the State are to be used for any official purpose, the State arms are or a State symbol is to be used, and not the Royal arms of the United Kingdom.

Mr Neville Newell: Holy Jesus! 20 November 2003 LEGISLATIVE ASSEMBLY 5443

Mr IAN ARMSTRONG: A member of Parliament, the member for Tweed, says, "Holy Jesus!" He was happy to come into this House—a place of government that is a product of the Westminster system given to us under seal and under the British coat of arms. He is happy to take his seat in this place, take the money and represent himself as a member of this institution. But, when we are debating a bill that wants to abandon our history he says, "Holy Jesus!" I will leave that to the House to work out where his values are. If people are not prepared to live with their history, if they are not prepared to acknowledge their ancestry and those who have made them what they are in this world, they are not capable of representing their electorate in a Parliament or anywhere.

I have an infinite and absolute pride in what the system has done for me, what my ancestors have done for me, and what this Parliament has done for me. Good and bad government, it does not make any difference: that is democracy. If we pass this legislation today we are sending the total signal that we want to throw all that out. Dealing with the replacement of Royal arms of the United Kingdom, clause 5 of the bill states:

(1) As soon as practicable after commencement of this Act, any Royal arms of the United Kingdom used to represent the authority of the Crown in right of the State or the State in or on any public building, or public place that is the property of the Crown in right of the State or of the State and is intended to represent the authority of the Crown in right of the State or of the State, are to be removed and replaced by the State arms.

(2) As soon as practicable (but in any event within 3 years) after the commencement of this Act, any Royal Arms of the United Kingdom on any document, seal or other object (not being a fixture or otherwise part of a building) that is the property of the Crown in right of the State or of the State, and is intended to be used to represent the authority of the Crown in right of the State or of the State, are to be removed and replaced by the State arms.

I repeat: the bill says "any seal, document or other object". I can see bevies of public servants rooting through boxes down in the archives, down the bottom of the library, down in the State Treasury, ferreting out any piece of paper, old envelopes, maybe old badges, old bonds, and even tea chests that might have come out with one of the fleets. The Government says kick them out, put them out the front and burn them. Don't be crazy. This is a ridiculous notion. Why not be proud? The greatest thing a person can have in this life, apart from good health, is pride: pride in one's forebears, pride in oneself, and pride that one has the opportunity in this place to do something of value for the future.

I defy anybody to tell me there is no value in improving the lives of the people in Parkes, who do not have an operating theatre, people in the western suburbs of Sydney who are too frightened to go out of their homes because of drive-by shootings, or the people who do not have public transport. I say we should be attending to the real issues instead of trying to appeal to some minority who are peeved with the system that gives them the bread and butter, the protection and the opportunity that this country does. Clause 5 continues:

(3) Subsection (1) does not apply in relation to a building or a place in respect of which the Premier, after consultation with the Heritage Council, determines that the Royal arms of the United Kingdom there displayed form an integral part of an item of the environmental heritage of the State.

(4) In any building or place to which subsection (1) does not apply because of subsection (3), the State arms must be used and placed in a prominent position to represent the authority of the Crown in right of the State or of the State, as the case may be, in addition to the Royal arms of the United Kingdom while they continue to be displayed there.

That is fair enough. They are the regulations at the moment: our coat of arms must be displayed prominently. Indeed, if you pick up any piece of paper in this place, our envelopes, or lists of electorates—the list goes on— they all have a coat of arms on them.

Mr Brad Hazzard: It is on the wall.

Mr IAN ARMSTRONG: Yes, it is. That is the coup de grace. Do members remember coming into this place? Remember the absolute enthusiasm? "We've won. I've been elected to Parliament." I remember 22 years ago when I first came into this place, I walked in with and I put my hand on the Bible, took the oath and signed the roll of the Parliament. No member of my family had ever been elected to Parliament before. My pride was total in that the people had sufficient confidence in me to elect me to this place to represent them in a democratic way and, hopefully, to the betterment of our society. That is what I believe 99 per cent of us want to do.

But proponents of this bill want to turn their backs on that. They want to reject the very substance of why they came to this place. They want to say to their grandmothers, to their forebears and to their children, "Look, we do not want anything to do with yesterday. We are better than that. Parliament has done the wrong thing by me over the years. I am earning a lot of money and my kids go to school free and then they go to 5444 LEGISLATIVE ASSEMBLY 20 November 2003 university, they travel on free school buses. My wife can walk down to the supermarket pretty much any time she likes. We have a system that gives the average worker four weeks holiday a year and looks after us in our older years." But, is Bob Carr saying, "That is not good enough, no, we do not like that, we want to throw that system out and bring in a system that is going to be better"—although he has not told us what that system is?

This is an act of folly. I am quite sure it is something that has not been thought out by those who support it. It is an act by probably a very few people who are peeved about something that has happened in their own lives and, I suspect, because of their own inadequacies. Of course, it does not matter what the system is: unless people are prepared to contribute to it in a positive way, it will not give them satisfaction. If a person has a problem with the system I suggest that, instead of trying to change the system, they use the system to improve their standards and their quality of life. But in the meantime they should respect the system that has given them the opportunity to do so.

We can do that in this Chamber, but people in about 90 per cent of the world today do not have that chance. I will stand up at all times for our history and for the foundations that have been laid under the patriotic system of the United Kingdom; and I will respect forever the coat of arms and the symbols that have given me the freedom and the right to speak in this place. I urge members to reject this legislation.

Mr NEVILLE NEWELL (Tweed—Parliamentary Secretary) [10.46 a.m.]: The translation of the Latin on the New South Wales coat of arms is "Newly risen how brightly you shine". I think that what we just heard from the member for Lachlan was nothing but a bucket load of old rust. I acknowledge that the member for Lachlan is entitled to his views, and he certainly has put them very passionately and very well, but we do not have to agree with them.

Mr Ian Armstrong: Point of order: I may accept the "old" but not the "rust".

Mr ACTING-SPEAKER (Mr John Mills): Order! That was not a point of order.

Mr NEVILLE NEWELL: The Government is pleased to support the State Arms, Symbols and Emblems Bill. The bill will regulate the use and display of the State arms and symbols and prescribe State arms, symbols and emblems, including the flag. The State arms have been in use since early last century when they were granted by royal warrant. The bill makes it clear that the State arms and symbols—

Mr Ian Armstrong: Point of order: The standing orders are quite definite: members may read from copious notes but they may not read a speech. I draw the attention of the member for Tweed to the standing orders. He may use copious notes, but he may not read his speech.

Mr ACTING-SPEAKER (Mr John Mills): Order! I do not uphold the point of order. The member leading for the Government or the Opposition in debate on a bill is allowed more latitude than the convention referred to by the honourable member for Lachlan would suggest. I remind the honourable member for Lachlan that the Leader of the Opposition read wholly from notes when he made a second reading speech a little earlier.

Mr NEVILLE NEWELL: The State Arms have been in use since early last century when they were granted by Royal Warrant. The bill makes it clear that the State Arms or symbols are to be used to represent the authority of the State. The bill also coincides with Government policy to install and display the State Arms in public buildings. The Hon. Peter Breen has put considerable effort into this matter since he first raised the proposal for a State Arms Bill. The Standing Committee on Law and Justice conducted a comprehensive analysis of the use of the State Arms and Royal Arms prior to releasing a report late last year. The Government acknowledges the Hon. Peter Breen and thanks him for his co-operative approach to this matter, and it is pleased to support this bill.

Mr MALCOLM KERR (Cronulla) [10.50 a.m.]: This is ridiculous legislation, no doubt brought into this House by the honourable member for Bligh in her ongoing vendetta against the Westminster system. Honourable members will remember her political assassination of Tim Moore and . Anything that is good or decent in this world has a dedicated enemy in the honourable member for Bligh.

Ms Clover Moore: Single-handedly.

Mr MALCOLM KERR: Yes, single-handedly. It would be interesting to know whether the Independent Commission against Corruption displays a coat of arms. I understand that the Hon. Peter Breen 20 November 2003 LEGISLATIVE ASSEMBLY 5445 would be acquainted with that institution. The honourable member for Lachlan referred to our heritage. Those who forget the past are condemned to relive it. The coat of arms symbolise the struggle of parliament and liberty in the Western world. Anyone with a basic knowledge of how we derived Parliament and how citizens derived their liberties in this State would be aware of our debt to our heritage and to those who died over the centuries to establish the basic rights that we enjoy today. The coat of arms is a symbolic reminder of our struggle. If honourable members were to read a book written by a former Speaker about the office of Speaker in New South Wales they would realise that it was impossible to compile without referring to the struggle for parliamentary reform from the Tudor period. Prior to the Tudor period Charles I entered the House of Commons to arrest a number of its members.

Mr Anthony Roberts: Bob Carr knows only American history.

Mr MALCOLM KERR: That is right. The actions of Charles I resulted in a civil war, although it was not the American Civil War; it predated that. When the Premier looks in the history books under the civil war he should go to the English Civil War rather than the American Civil War. When Charles I inquired of the Speaker where the people were the Speaker said, "I have no eyes nor ears as what the House would advise me." When Charles I realised they had escaped he said, "The birds have flown." Not long after that the English Civil War commenced and the parliamentary forces under Cromwell were successful. Following the English Civil War we experienced the enfranchisement of the population. At the turn of the century New South Wales probably enjoyed greater enfranchisement of the population than any other part of the Western world.

Mr Anthony Roberts: That's correct—women voting.

Mr MALCOLM KERR: That is correct. The coat of arms represents a considerable amount of history. I hope that honourable members have read the report on the proposed State of Arms Bill prepared by the Standing Committee on Law and Justice of the Legislative Council. At paragraph 4.37 of the report the committee quotes Mr Justice Handley, a member of the New South Wales Court of Appeal, who is respected by every member of this House, who said:

The legislation would impose costs on the State budget … The State budgets for police, health, education, youth and community services and the courts are under pressure. There are real practical problems in each of these areas which need to be addressed, and this will require resources. Money should not be wasted on purely cosmetic changes to parts of our architectural and legal heritage which do no harm to anyone, which are supported by law, and which emphasise the continuity and stability of our judicial institutions.

Not that long ago the honourable member for Bligh spoke about the need to provide funding for mental health. Despite the fact that it was she who called for the funding, all honourable members would support additional resources for mental health. Funding that may be used for health, education, and policing will be diverted by this bill for purely cosmetic changes. I again quote the words of Mr Justice Handley:

Money should not be wasted on purely cosmetic changes to parts of our architectural and legal heritage which do no harm to anyone, which are supported by law, and which emphasise the continuity and stability of our judicial institutions.

In reply the honourable member for Bligh should specify why State revenue should be used in this way. What harm does the coat of arms do? The honourable member for Lachlan has made a case about our heritage.

Mr Anthony Roberts: And a very good case, too.

Mr MALCOLM KERR: A very good case, and the honourable member for Bligh should respond to it. The honourable member for Bligh should go to schools, the Kings Cross police station and some of the welfare agencies in her electorate and tell the people there why money would be better spent on implementing this bill rather than on solving their problems. The bill is all about ideology; it is all part of an extreme leftist agenda. It is a great pity that the honourable member for Bligh is not more concerned about people than ideology. If she were to spend more time in her electorate she might realise that it has real problems that require real money.

The money spent on implementing the provisions of the bill would be far better spent on upgrading the totally inadequate toilets in Burraneer Bay Public School. If the honourable member for Bligh does not need money in her electorate, and if she has money to provide for indulgences, I would like money to be spent on Cronulla Public School, Caringbah High School and Endeavour High School. Cronulla Police Station requires additional funding and manpower. Sutherland Hospital also requires additional funding. 5446 LEGISLATIVE ASSEMBLY 20 November 2003

Mr Anthony Roberts: We would like something in Lane Cove.

Mr MALCOLM KERR: The honourable member for Lane Cove has put in a bid because he would like more funding go into his electorate rather than on implementing this bill.

Mr Neville Newell: Come on, get back to the bill.

Mr MALCOLM KERR: I am talking about the bill, because it involves a cost. The real losers will be the public of New South Wales, who want assistance in welfare, education, and policing. But a blind ideological objective to remove anything that is British or part of our British heritage will take money away from those areas. Considerable expense, time and manpower have gone into this futile attempt to change our constitutional law and to ignore the practice of many centuries. The Australiana Society also objects to the proposal to remove historical coats of arms and raised the question of costs. The society stated:

A search and destroy mission to identify Royal coats of arms, assess their heritage significance, remove them, replace them with new State coats of arms and store them seems to us to be profligate use of resources in the New South Wales Justice system. It would be far preferable and economical in our view to identify these objects, assess them and preserve them as a proud part of our Colonial heritage.

This bill is an example of misspent hours and funds. We should celebrate our heritage, which was purchased in blood. The people of New South Wales have the right to be proud of what coats of arms symbolise.

Mr Anthony Roberts: What about the school kids that come to Parliament all the time.

Mr MALCOLM KERR: Yes. A greater knowledge of history shows that dictatorships always seek to remove the past because it provides inspiration. George Orwell's 1984 book about big brother is a good example of people trying to erase the memories of the past that were decent and good and to limit people to the present.

[Interruption]

If the honourable member for Manly is equating the honourable member for Bligh with Hitler, he is totally wrong. The honourable member for Manly should be lucky Hitler is not around or he might face a defamation action. I will defend the honourable member for Bligh. It is wrong to equate what happened in Nazi Germany with this bill. It does not go that far. However, it is a waste of money, resources and manpower. The other House should be considering ways to improve the quality of life in New South Wales and so should this House. This opportunity is being squandered over a piece of nonsense. The committee quoted arguments of Mr C. R. P. George, who stated:

I would suggest to the Committee that the NSW Parliament need not proceed with this Bill if the principal purposes are to replace "the United Kingdom arms" with the NSW ones, since Ministers have had the power to use the NSW arms alone for almost a century and presumably would have done so if they perceived public advantage to so doing … I would suggest however, that, passage of the Bill in its present form could oblige Ministers to carry out the as yet incompletely fulfilled desires of King Edward VII when he granted the existing arms in 1906.

I am sure that the honourable member for Manly has visited courthouses around the State, including the Supreme Court that may have been opened under a Labor government. Courthouses opened in the Wran era, McKell era and earlier Labor governments have the royal coats of arms. That was not a requirement because since 1906 it has always been an option for any government of any political persuasion to use the New South Wales coat of arms. The royal coat of arms is part of our heritage. The rule of law was first established in Britain and the bill of rights came into existence after the glorious revolution of 1666. The law has continuity. Perhaps the honourable member for Manly could tell the honourable member for Bligh about that. Common law decisions given centuries ago are still relevant in determining human affairs. Much of that law was established under royal justice. This bill is a total shambles. [Time expired.]

Mr BRAD HAZZARD (Wakehurst) [11.05 a.m.]: I make some minimal comments about the State Arms, Symbols and Emblems Bill. My principal concern is that the bill is divisive and has caused considerable angst to men and women in New South Wales. The honourable member for Lachlan is one of the longest serving members of this House and his views on a range of issues should be respected. The honourable member for Tweed made some disparaging comments when the honourable member for Lachlan commenced his contribution. It was unfortunate, inappropriate and disrespectful of the viewpoints of other people, particularly someone with the seniority of the honourable member for Lachlan. He has represented his community in this Parliament for many years. The fact that the honourable member for Tweed could be so disparaging of someone 20 November 2003 LEGISLATIVE ASSEMBLY 5447 who is earnestly expressing views about matters dear to him, and to many people in our community, highlights the fact that the community is not ready for this type of legislation. It may well be a ridiculous waste of time and money.

My views are already on the record with respect to our connections with the mother country, and I agree that the time comes when people must move on. However, we should always respect where we come from and have a profound understanding of our heritage. We should be able to accommodate those views even when we do move on. The bill makes it mandatory for us to remove the royal arms in lieu of the State arms. The bill contains some provisos for storage of certain items in special buildings. Clause 5 (5) states:

Sculpted arms, or arms in any durable form, that are removed in accordance with this section are to be housed or otherwise dealt with in such a manner as the Premier, after consultation with the Heritage Council may direct.

This will involve a witch-hunt through various heritage buildings throughout New South Wales to remove parts of our heritage. I did not intend to speak on the bill, but I do so because of the comments of the honourable member for Tweed, who displayed a total lack of respect for the honourable member for Lachlan. In this Chamber above the Speaker's chair is a symbol from the United Kingdom that resulted in the birth of New South Wales and indeed the birth of Australia. I see no reason for that to be removed. It has a Crown, so will it be targeted?

Above the public gallery are various symbols that clearly will be in the firing line, such as the British crown. Will the mace on the parliamentary table also be removed because it is a symbol that offends a number of people, who have suddenly decided that the rest of us cannot enjoy the heritage of our country? This bill is divisive and silly. It is nonsensical for people to hunt around to remove any connection with our British roots. Having said that, if we were not rushing out, full scale, and removing our heritage but, rather, over the evolution of time we found that State symbols were being used concurrently, I would have a different view. However, that is not what this bill is about.

This bill is about rushing out headlong and removing within three years any symbol that shows our British connections and our heritage. It is nonsensical, silly, divisive and costly. I would much rather see the money that will be spent on this silly exercise being spent in other areas such as schools. When I was shadow Minister for disabilities I heard daily from people who simply could not get money from the Department of Disabilities, Ageing and Home Care for carers to look after them. If I went into any home across New South Wales and said to someone, "Would you prefer to spend a certain proportion of money on getting rid of crowns and any connection with Britain from official letterheads, the Parliament, courts and other official buildings, and put them into storage, or would you prefer to spend that money on organising a carer to look after you?", I know what the answer would be.

Two weeks ago I visited a lady in Allambie Heights who told me that the department responsible for people with disabilities is proposing to take her child away from her. The woman is a quadriplegic and is living at home with her 12-year-old son who has autism and a whole host of other disabilities. Under this Government, the department has decided that it cannot afford to let her child stay in the house with her seven days a week, so it intends to remove the child for three nights a week. When I speak with people such as that and then come back to this place I expect the Parliament and the Carr Government to provide answers to the big issues of the day. I do not expect to have to debate an inane, divisive and ridiculous bill that is about cutting off our heritage. It angers, disappoints and saddens me. On that basis alone I will not support this bill.

Mr JOHN MILLS (Wallsend) [11.12 a.m.]: I commence this speech by acknowledging that we are gathered today on the traditional lands of the Gadigal clan of the Eora people. I do so specifically to reject the bulk of the comments made by the honourable member for Lachlan and, unfortunately, a few of the comments made by the honourable member for Wakehurst, who seemed to pretend that our history commenced only when European settlers invaded this country in 1788.

Mr Brad Hazzard: Point of order: The standing orders require the honourable member to speak the truth in this place. He knows I would never say that. I support our Aboriginal people in a bipartisan way. The honourable member should pull his head in because he has never done that before and, hopefully, he will not do it again.

Mr JOHN MILLS: To the point of order: I am entitled to criticise the views expressed by Opposition members. I thought I used the word "forget" in the case of the honourable member for Wakehurst, so I withdraw any offence I may have given to him because I know he would not intend to do that. 5448 LEGISLATIVE ASSEMBLY 20 November 2003

Madam ACTING-SPEAKER (Ms Marianne Saliba): Order! There is no point of order. Does the honourable member for Wallsend wish to continue?

Mr JOHN MILLS: I am happy to continue because I think the honourable member for Lachlan has forgotten. He clearly said that the royal arms and symbols that the bill is about represent the genetics of our people. As he said that about 15 Australians, clearly of Asian origin, were sitting in the public gallery. The genetics of our people did not all come from the British Isles. Many of them were here 40,000 years before the British came here in the 1780s. So let us get a bit of perspective about our heritage. We have a very mixed heritage. I reject the assertion about the genetics of our people and our animals—the honourable member for Lachlan went further and referred to the genetics of our plants. Tetratheca Juncea, Callistemon Viminalis and Eucalyptus, which has 230 varieties, including Botryoides, did not come from Pommy land. They are very native Australian.

What on earth was the honourable member for Lachlan thinking? His mind is in an Anglo tunnel. I respect his views, which he is entitled to express. If he wants to live in an Anglo tunnel he can do so, but that is not modern Australia. That is the main point I want to make. I am concerned that he appears to forget the prior occupation and ownership by the Aboriginal people for more than 40,000 years before his British Isles ancestors came here. The State coat of arms, which is printed on the front of every bill, shows a linkage between Australia and New South Wales and our British heritage. The State coat of arms shows a lion on the left and a kangaroo on the right, and that is what the honourable member for Lachlan seems to be rejecting. He wants the royal coat of arms, which is on the wall of this Chamber. It has no reference to Australia. I am sorry but his Anglo tunnel does not appeal to me; it is not part of the broad Australia that I know and love. Therefore, I reject his comments and urge honourable members to support the bill.

Mr ANTHONY ROBERTS (Lane Cove) [11.15 a.m.]: It must have been a quiet day in Balmain when the basket weavers threw the State Arms, Symbols and Emblems Bill together. This is a divisive bill, and I will be strongly opposing it. As the honourable member for Cronulla said, those who forget the past are condemned to relive it. We have a wonderful heritage in this State and this nation. We respect those who were here before us and those who continue to come here as migrants. I shall take up a couple of comments made by the honourable member for Wallsend. We have nothing to be ashamed about. People come to this country because it is stable. We have a Westminster system of democracy and we have a proud heritage that is symbolised in the royal coat of arms. As stated in the upper House, the royal coat of arms is an integral and important part of the heritage of the State of New South Wales and Australia. It is the coat of arms identified with Her Majesty the Queen of Australia, and it has been used continuously in New South Wales since 1788.

A traditional part of our heritage extending over more than 200 years deserves to be treated with more respect than the bill seeks to do. A royal coat of arms, which has played and continues to play a living purpose in the structure of our institutions of government and justice, deserves more than to be torn down, ripped apart and discarded. I do not intend to spend a lot of time on this bill because it is indulgent for the bill to come before both Houses. The bill was rightly cast out of the upper House, thrown down, and we intend to do the same here. I shall read into Hansard what the insignia means. The United Kingdom arms include the Scottish unicorn and the gold harp, for Ireland the shamrock, thistle and rose. The motto is "dieu et mon droit", which means "God is my might". The New South Wales arms also include a golden fleece and sheaves of wheat, signifying agriculture. The rising sun stands for a newly rising country. The motto is "Orta recens quam pura nites", which means "Newly risen how brightly you shine".

While we seem to be going through the doldrums under this Government—there are clouds and not a lot of sunlight coming through—we look towards Canberra for the sun and the light we receive from the Federal Government through the storm clouds of the Carr Labor Government. But "Newly risen how brightly you shine" very much represents what this country has been to so many people. I have had the opportunity to travel widely with family, friends and, at one time and proudly, with the Royal Australian Army. I have seen countries that do not share our heritage and our system; where women are subjected to disgraceful acts and are treated like cattle or second-class citizens; where minority groups are taken aside, rounded up in the dead of night and taken out and shot; where people can be imprisoned at any time; and where an assembly is unlawful. If we were to hold assemblies or branch meetings in some of those countries the police would come in and take us away. Mind you, in respect of some ALP branch meetings, perhaps the police should take them away!

Mr Geoff Corrigan: How is Wentworth going?

Mr ANTHONY ROBERTS: Wentworth is going well. In this State and country we have a rich heritage, and it is symbolised by the royal coat of arms. The royal coat of arms symbolises a peacefulness, a type 20 November 2003 LEGISLATIVE ASSEMBLY 5449 of government and a representative democratic system where everyone can enjoy the benefits. It very much represents what many migrants to this country look for. They are escaping regimes that many years ago tore down their symbols of the Westminster system and colonialism. We are big enough to stand on our own. We do not need to tear down coats of arms. After hearing this speech, some Government members may change their minds and share our support for this magnificent coat of arms and our system. I hope they will. Not only have they alienated the clubs and club members, but they are also alienating the men and women who served in the armed forces, who served under this flag, who died fighting for the freedoms that the flag and this coat of arms represent. People will not be able to turn up to their clubs or to turn up to Anzac Day services.

The honourable member for Lachlan contributed to this debate. He is a fantastic member. He represents his community. He is the father of the House. I have not come across a more magnificent individual. He spoke very well today. He said that public servants will be scurrying down into basements trying to find the 1974 big biros with the coat of arms on them and tossing them into the street for council collection. Our envelopes, our lists of members, et cetera will be thrown out and replaced—at what cost? Currently our health system is on life- support. It was revived briefly last night but the doctors say there is not much chance of its surviving much longer in New South Wales. Police do not have enough resources. I never thought I would live in a State where 100 rounds are fired into a home.

The money the Government intends to spend to tear down the coat of arms, to rifle through various departments, to throw out pads and whatever could be better spent resourcing our men and women on the beat. It could be better spent in our judicial system, supporting Crown prosecutors who, despite the ridiculous efforts of this Government to tie their hands behind their backs, try every day to put people in gaol. It could be better spent fixing black spots on our roads. The Princes Highway and the Pacific Highway need to be upgraded. The money would be better spent in that regard than tearing down the coat of arms. This is a waste of money and a ridiculous waste of time. There was a referendum on the republican issue. I know what is behind this. I refer to a submission to the Standing Committee on Law and Justice. The report of the committee cited the submission from the Australians for a Constitutional Democracy as follows:

The reality behind this proposal is that it is another example of creeping republicanism or republicanism by stealth. Such a trend is inherently undemocratic. The issue of whether Australia should or should not become a republic was put to referendum in 1999. It was decisively rejected by all six States. The "No" vote in New South Wales was 53.57%. There is no mandate from the community to make this change.

The submission was from Professor David Flint, a tremendous individual and a man of high intellect. It went on:

We see this—consciously or probably unconsciously—as change for the sake of change and part of creeping republicanism. We suspect—it appears in some of the submissions—that this will lead to a changing the State Arms, for which at least one submission calls, and changes to the State flag and the national flag. We do not think we should turn our backs on our history. We think it not appropriate to proceed by way of legislation.

The arguments against it go on for pages. It also states:

The removal of the existing Royal Coat of Arms and its replacement by the State Coat of Arms would involve a substantial, unnecessary and unwarranted monetary cost. This must be met by the taxpayer. The expenditure will confer a detriment not a benefit. It cannot be justified.

This waste of taxpayers money is nothing new in New South Wales. I commend the Leader of the Opposition, who has shown the lead on stamp duty, amongst a whole raft of other issues. One never sees such leadership from the Carr Government. He is going to help families, not just young people buying their first home or unit, or older people buying something smaller. He has shown what a Coalition government will do under Premier Brogden: give people a half decent chance to get back into the Sydney property market. There will not be waste under a Brogden government—unlike this Government. This bill is another example of waste. We are losing money on the Millennium train; hundreds of millions of dollars are going out the door. I do not know how we are supposed to keep track of it. There must be a separate Treasury office just to keep track of the waste— thousands of people must be employed just to keep track of it. I conclude with a warning to the Government: It removes this coat of arms at its peril. Let us celebrate our heritage. Let us celebrate the fact that we have a wonderful, mixed, diverse society under the umbrella of the Commonwealth and the Westminster system of government.

Mr DAVID BARR (Manly) [11.27 a.m.]: Someone should inform young Winston of Lane Cove that the siege of Mafeking is over, Mafeking has been relieved, and the honour and dignity of Queen Victoria has been preserved. The honourable member for Lane Cove can sleep easy tonight. We should focus on the issue. The State Arms, Symbols and Emblems Bill is simple. It says that the State arms or the State symbols, and not 5450 LEGISLATIVE ASSEMBLY 20 November 2003 the royal arms, are to be used in Parliament, the courts, the office or official residence of the Governor and State instrumentalities or on any official seal or document. I cannot see how anyone could possibly object to that. We are not turning our backs on history; it is simple evolution. It is not the tug the forelock stuff Opposition members seem to be portraying today. We want to recognise that history evolves and that we have moved beyond being a totally colonial entity. I remind Opposition members that New South Wales was freed from the provisions of the Colonial Laws Validity Act 1865 by the Australia Act 1987.

Under the Colonial Laws Validity Act the Imperial Parliament, meaning Westminster, could pass laws for the colonies, and the colonies could not amend that Imperial legislation. The Statute of Westminster 1931 freed the Federal Parliament from that arrangement, but not the State. In theory, until 1997 the old Imperial Parliament could pass laws for New South Wales. The last legislation that it passed for New South Wales was in the early part of the twentieth century. It had to do with the salary of the Governor.

We have moved beyond the old regime. I hope the Opposition is not suggesting that we should go back to those days when the old Imperial Parliament could enact laws for New South Wales. We have evolved. It is part of maturity, part of moving on. It is done in an evolutionary way and it recognises our history. The current State coat of arms has the lion on one side and the kangaroo on the other, which is very apt. This is not a republican plot or a measure to downgrade our history; quite the opposite. It is just part of a natural, orderly evolution. We should move on with it and not hark back to the days of empire, Queen Victoria and all the sorts of things that the honourable member for Lane Cove was talking about. This is a time for us to show some maturity.

Pursuant to sessional orders debate interrupted.

BUSINESS OF THE HOUSE

Precedence of Business: Suspension of Standing and Sessional Orders

Motion by Mr Carl Scully agreed to:

That standing and sessional orders be suspended to permit the consideration forthwith of General Business Order of the Day (General Notice) No. 156 [Ukraine Famine Seventieth Anniversary].

UKRAINE FAMINE SEVENTIETH ANNIVERSARY

Mr CHRIS HARTCHER (Gosford) [11.31 a.m.]: I move:

That this House:

(1) notes that 2003 is the seventieth anniversary of the enforced famine in the Ukraine caused by the deliberate actions of Stalin's Communist Government of the Union of Soviet Socialist Republics;

(2) recalls that an estimated seven million Ukrainians starved to death as a result of Stalin's policies in 1932-1933 alone, and that millions more lost their lives in the purge which ensued for the remainder of the decade;

(3) notes that this constitutes one of the most heinous acts of genocide in history;

(4) honours the memory of those who lost their lives;

(5) joins the Ukrainian people throughout the world, and particularly Ukrainian Australians, in commemorating those tragic events; and

(6) resolves to seek to ensure that current and future generations are made aware of the cause of the famine.

Saturday 22 November 2003 has been chosen by the President of Ukraine as the world commemoration date for the seventieth anniversary of the great famine of 1932-33 in Ukraine. Seven million people died a slow and horrible death in the famine. The soviet Communist official Victor Kravchenko, looking back on his role in the famine, was to write:

Although not a word about the tragedy appeared in the newspapers, the famine that raged... was a matter of common knowledge.

What I saw that morning... was inexpressibly horrible. On a battlefield man die quickly, they fight back. Here I saw people dying in solitude by slow degrees, dying hideously, without the excuse of sacrifice for a cause. They had been trapped and left to starve, each in his own home, by a political decision made in a far off capital around conference and banquet tables. 20 November 2003 LEGISLATIVE ASSEMBLY 5451

There was not even the consolation of inevitability to relieve the horror. The most terrifying sights were the little children, with skeleton limbs, dangling from balloon-like abdomens. Starvation had wiped every trace of youth from their faces, turning them into tortured gargoyles; only in their eyes, still lingered the reminder of childhood.

Everywhere we found men and women lying prone, weak from hunger, their faces and bellies bloated, their eyes utterly expressionless.

Yet at the very time these Belsen-like scenes were being enacted in Ukraine, food was being sent not to the starving but out of the country. As Kravchenko continues:

Butter [was] being sent abroad in the midst of the famine. In London, Berlin, Paris, I could see people eating butter stamped with the Soviet trademark.

Driving through the fields, I did not hear the lovely Ukrainian songs so dear to my heart. These people had forgotten how to sing... I could only hear the groans of the dying.

What was the cause of the 1932-33 famine? Why was food sent out of the country while people starved? Why was there no international relief? Why is so little known about the famine in the world today? Why was so little known about the famine in the world in 1932-33? Genocide is the special crime of the twentieth century. We all recall with horror the Jewish Holocaust under the Nazis and the Armenian genocide of 1915. But few of us know the terrible story of the fate of the Ukrainian people in 1932 and 1933. First the figures: the Nazi's kept meticulous statistics of the six million that they murdered; the Soviets deliberately falsified their statistics over a period of 70 years. However, some figures can be gleaned. Scottish historian John F Stewart published his analysis as follows:

While no official statistics about this tragedy have been published, there is a document—the small Soviet Encyclopaedia of 1940—in which it is stated that Ukraine in 1927 had a population of 32 million but in 1939 only twelve years later, a population of 28 million. Where had the four million gone, apart from what should have been the natural increase of at least another four million?

The figures also tell the story of food being exported while the famine raged. An analysis by Dr Ewald Ammende states:

Official soviet reports refer to the 1932 harvest as of medium quality: Poor results or failures were [of course] never mentioned. 1933 was a particularly critical year for the food supply of the Soviet Union. Nevertheless, 1.8 million tonnes of grain... was exported...

In the first 8 months of 1934, during which the period of acute lack of foodstuff continued, the export was even more considerable: 591,835 tonnes of grain worth 13.6 million roubles were exported... via the Black Sea ports.

The 1932-33 famine was a direct result of Stalin's swing to the left after his defeat of all other rivals for the leadership in the years of struggle which followed Lenin's death in 1924. Stalin embarked on a policy of collectivisation of land throughout the Soviet Union to force the peasantry to provide food at low cost for his industrialisation program. The first stage of this was the destruction of the Kulak class, those peasants who owned a few acres of land—seized in the 1917 revolution from the aristocracy. Those Kulaks who were not killed were deported to Siberia. Stalin was determined to crush the peasantry once and for all. In Ukraine resistance was seen by Stalin not only as opposition to collectivisation but also as a manifestation of Ukrainian nationalism. To destroy peasant resistance throughout Russia he launched, at the same time as his land collectivisation, his attack on the Orthodox Church, which was the stronghold of peasant culture. The collectivisation in Russia was bloody but successful. The Ukrainian collectivisation met with more determined resistance and so was crushed by military force and eventually by the government-induced famine. Bertram Wolfe, the great historian, wrote:

The peasantry fought for its life with fowling pieces and pitchforks. Uprisings embraced whole regions. Villages were surrounded and laid waste... Districts were stripped of their stocks of grain and seed, then cordoned off to die of famine and plague.

No international relief responded to a call for assistance because the Soviet authorities made sure that there was no call. In this massive deception they were tragically assisted by sections of the Left in the Western world who at the time wanted to believe in the Communist utopia and who dismissed all evidence to the contrary. Stalin himself admitted both to Churchill in 1945 and to Soviet officials at the time of the famine that he knew the famine was taking place. As the Soviet Chairman of the Ukrainian Central Committee of the Communist Party said in 1933:

We know millions are dying. That is unfortunate, but the glorious future of the Soviet Union will justify it. 5452 LEGISLATIVE ASSEMBLY 20 November 2003

Stalin, at the height of the famine in June 1932, wrote to Kaganovich:

The Ukraine has been given more than it should get.

The historian Simon Montefiore tells the story of one official who reported on the famine at a meeting of the Politburo:

Stalin interrupted, "They tell us Comrade Terekhov, that you're a good orator, but it transpires that you are a good story teller. Fabricating such a fairy-tale about the famine...

Wouldn't it be better for you to leave [the Communist Party] and join the Writers Union: you'll concoct fables, and fools will read them..."

A Ukrainian visited Mikoyan and asked:

Does Comrade Stalin—for that matter, does anyone in the Politburo—know what is happening in the Ukraine? Well if not, I'll give you some idea. A train recently pulled into Kiev loaded with corpses of people who had starved to death. It had picked up corpses all the way from Poltava.

Only now is the whole story of this tragic event being recognised in Russia, albeit grudgingly, and becoming accepted throughout the world for what it was: a Communist attempt to destroy Ukraine as terrible as the Nazi attempt to destroy the Jews. In his address to the United Nations in September this year, the President of the Ukraine pleaded with the people of the world to join with the Ukrainian people in acknowledging this terrible famine and in commemorating it on the fourth Saturday of November 2003. It is the responsibility of all of us to acknowledge humbly the suffering of the Ukrainian people and to pledge that this act of genocide, like the other acts of genocide committed in the twentieth century, shall never be forgotten and shall never be repeated.

Mr BOB CARR (Maroubra—Premier, Minister for the Arts, and Minister for Citizenship) [11.41 a.m.]: I support the motion and I thank the honourable member for Gosford for moving it. Some of my reasons for talking about these matters now are contained in the terms of the motion itself. However, I will give a further reason. I quote from a review of Alexander Solzhenitsyn's The Gulag Archipelago by the English writer and critic V. S. Pritchett, in the London New Statesman in 1975:

When people say to [Solzhenitsyn], 'Why drag all that up from the bad times?', his answer is that a country's, a dogma's evasion of its own past, on this excuse or that, is as fatal to the quality of life as it is to the private heart.

That is a profound truth relevant to our own country's history. However, in the case of the Ukrainian famine of 1933, the silence and denial surrounding it not only betrayed the victims but also poisoned the springs of western intellectual and political thought and life for a generation. For too long there were too many men and women of undoubted goodwill across the political and ideological spectrum, from right to left, unwilling to acknowledge the evil of totalitarianism and refusing to acknowledge that the evil of totalitarianism was one and indivisible.

In her book on Adolf Eichmann and the Holocaust, Hannah Arendt coined the expression "the banality of evil". However, in this event, we may see also what I might call the casualness of evil, that is, the casual way that unimaginable evils can be perpetrated and the casual way they can come to be accepted by the rest of the world. At the root of such evils, small or large, always lies the denial of the essential and equal humanity of the victims, be it on racial, religious or ideological grounds. What happened in the Ukraine in 1933? I draw on the account given by Robert Conquest in his book The Great Terror, first published in 1968, at the height of the Cold War, but it is by no means a cold warrior's tract. Conquest wrote:

Stalin, though retreating [in the face of opposition within the Communist Party] had given up his plans for collectivization …Resistance was now met by a simple method. If the peasant had produced only enough for his near subsistence, leaving none for the State, local enforcement officials reversed that procedure. The last sacks of grain were taken from the barns for export while famine raged. Butter was sent abroad while the Ukrainian infants were dying from lack of milk.

Conquest continued:

It is also the only major famine whose very existence was ignored or denied by the governmental authorities, and even to a large degree successfully concealed from world opinion.

That was written in 1968 and probably ignores what we now know Mao achieved in China. Conquest noted:

Some foreigners … penetrated the famine area and saw for themselves. But the information was naturally taken up and given widest publicity in the West by those most hostile to the Soviet Union in principle. 20 November 2003 LEGISLATIVE ASSEMBLY 5453

By a common reaction, left-wing and even moderate circles were able to persuade themselves that the story was untrue or, a much easier view, greatly exaggerated. [After all] the Soviet Government had not admitted it.

Thirty years later there was brief lifting of the curtain in the Soviet press allowing publication of the serial People Are Not Angels by Ivan Stadnyuk, telling the Soviet people what really happened:

… the men died first, then the children, and finally the women.

A careful examination of all the estimates and the accounts seems to show that over five million deaths from hunger and the diseases of hunger is the best estimate.

Even by the standard of the blood-drenched twentieth century, that is a staggering figure made all the more horrific by a chilling sentence:

… the only case in history of a purely man-made famine.

However, I must append the qualification that what we now know about China would add another case, what we are beginning to know about North Korea would add another, and what I think is agreed about Ethiopia would probably account for a further case.

Throughout European history only one unique and terrible event stands above it, the Holocaust itself. Yet who can doubt that the contemptuous ease with which Stalin got away with his crime emboldened Hitler and his henchmen in their own genocidal criminality? It would not be the only respect in which Hitler learnt from the model provided by Lenin's and later Stalin's Soviet Union. In remembering what happened in the Ukraine in 1933, we also remember that 30 million Soviet citizens, including millions of Ukrainians, were to die a few years later in the Second World War. We also do well to remember that all these horrors of the twentieth century took place on the European peninsula, that is, west of the Urals; these are European disasters. Let us remember that fact when we assume the superiority of our own values. However, if it helps to remind us of the consequences of silence and of acquiescence in the face of great evils committed in the name of ideology, race or religion, this motion will have served a good, in fact a great, purpose.

In his account of the Gulag, the labour camps, the prisons and the lunatic asylums where opponents of the regime were incarcerated, Solzhenitsyn always made reference to the Ukrainians. They figured prominently in the suffering of the Gulag. Suspicion of being a Ukrainian nationalist meant persecution and incarceration. We think on this occasion of all those Ukrainians who died in the decades after this criminal man-made famine and who perished in the Gulag. Solzhenitsyn referred to the well-stamped patches of soil behind the barbed wire, the shaven heads, the freezing temperatures, the pinched guts, the starvation, the slow deaths and, in some cases, the sudden deaths. These people were crammed into prisons where they were witnessed by other Soviet dissidents and their perishing recorded. We think of the Ukrainian people and their suffering and the opportunities are now available to them through independence and, we hope, a robust democracy. I commend the motion to the House and thank the honourable member for Gosford for bringing it forward.

Ms (Willoughby) [11.48 a.m.]: This Parliament has a strong tradition of recognising the crime of genocide and bringing to the attention of the broader community crimes against humanity that continue to scar victims and their successive generations. In so doing we are playing a small but important role in putting past and prospective perpetrators on notice. Professor Colin Tatz, undoubtedly one of Australia's most pre-eminent experts in genocide studies, presents a lucid case in his most recent book Intent to Destroy about why it is critical that we continue to remember and commemorate genocidal acts, because regrettably too many commentators take the easier option of denigrating such crimes against humanity as past conflicts in far-off places.

Genocide is said to have three parties: the perpetrator, the victims and the bystanders. The latter category comprises those without whom the perpetrators cannot effect their purposes. Within the bystander category are the simply indifferent, the compliant and the companions to events. Professor Tatz discusses the notion that one can be a companion to something even in the act of opposing it. He notes:

It seems never to occur to those who deny involvement, a legal or moral guilt, or to distance themselves from past events, that they were, and are, in the companions and therefore in some degree compliant.

By recognising the seventieth anniversary of the enforced famine in the Ukraine perpetrated by Stalin's Communist government, which led to the death of well over five million innocent men, women and children, we are sending a clear and strong message that such crimes against humanity must be recognised, remembered and 5454 LEGISLATIVE ASSEMBLY 20 November 2003 redressed. A failure to do so is a licence for genocidist States or groups to commit such crimes in the future. A failure to do so is to deny us the need to collectively examine the forces in human nature which led to such evil, and to prevent such forces from rearing their head. A failure to do so means the perpetrators have partly succeeded in their mission. A failure to do so is to turn our backs on the communities who have lived through and survived the darkest days of human history but continued to bear the scars generations after the event.

I take this opportunity to commend the honourable member for Gosford for moving this motion and bringing to the attention of the House the shocking facts of the crimes committed against the Ukrainian people by Stalin's Communist government. I know the honourable member for Gosford has a strong association with the Australian-Ukrainian community, and through his efforts this motion has now received the bipartisan support of the New South Wales Parliament. The following letter is a heart-wrenching account of the extent of human suffering and utter desperation suffered by the innocent victims. The letter was written to Mr Riabokin, a university professor at Kharkiv in the Ukraine, by his niece Zina. She wrote:

Please, Uncle Do Take Me to Kharkiv.

We have neither bread nor anything else to eat. Dad is completely exhausted from hunger and is lying on the bench, unable to get on his feet. Mother is blind from the hunger and cannot see in the least. So I have to guide her when she has to go outside. Please Uncle, do take me to Kharkiv, because I, too, will die from hunger. Please do take me, please. I'm still young and I want so much to live a while. Here I will surely die, for everyone else is dying …

Mr Riabokin received the letter at the same time that he was told of his niece's death. He said:

I did not know what to say or what to do. My head just pounded with my niece's pathetic plea: "I'm still young and want so much to live … Please do take me, please … "

As an Australian of Armenian background I understand all too well the impact that the crime of genocide has on a people, a community, especially when the perpetrators fail to recognise the heinous crimes they have committed and especially when there is insufficient international recognition. I offer my wholehearted support to the Australian-Ukrainian community. My thoughts will be with them especially on Saturday 22 November, when the official seventieth anniversary commemorations will take place. I strongly commend the motion to the House.

Mr CARL SCULLY (Smithfield—Minister for Roads, and Minister for Housing) [11.52 a.m.]: I support the motion moved by the honourable member for Gosford. It is timely and important that in this seventieth year since the tragic extermination of more than seven million in the Ukraine we pay respect to their memory and reflect on the tyranny that some governments inflict on their citizenry. Reflecting on these atrocities should act as a reminder to all democratic and just-thinking people around the world that we must be vigilant in ensuring that these wrongs are prevented, opposed, and not repeated.

The diabolical truth of the Ukraine holocaust is that the death by starvation of these people was a deliberate plan orchestrated by one of the great mass murderers of the twentieth century, one Joseph Stalin. There are now available minutes of meetings of the Politburo held in 1932 which reveal the sinister plan hatched by Stalin and his commissars to create a famine in the Ukraine by taking by force the grain production of towns considered subversive to the collectivisation of the economies of the Soviet empire and eradicating anyone who was imagined to be a supporter of counter-revolutionary activities in various regions of the Ukraine.

The policy of collectivisation of agricultural production across the Soviet Union was instituted by Stalin in 1929. This policy, and the subsequent unrealistic demand by the Central Government for increased production, had disastrous consequences. The impact of this policy meant that grain from farms was not given to the farmers and their families for personal consumption and sustenance until the collective quotas had been met. These rules were enforced through the barrels of Soviet guns. Peasant farmers who refused to give up their grain were shot in cold blood by a regime that saw the deaths of many of its citizens in the name of the great Communist dream.

Reports from that time depict men, women and even children caught with so much as a handful of grain being executed on the spot or deported to labour camps. The most sickening part of this whole sorry saga is that Stalin and his cruel lieutenants considered the famine to be a great success. They believed it demonstrated to the peasants who was their master and that the great Soviet policy of the collective farm was here to stay.

Thankfully, the Soviet empire is dead, but the horrid legacy of oppression and tyranny of this sinister regime is still there in the history books for us all to sadly reflect upon. It is appropriate that at this time, all 20 November 2003 LEGISLATIVE ASSEMBLY 5455 these years later, we reflect upon it and the memories of the millions who died at the hands of these draconian murderers. The Ukraine famine was an act of almost unparalleled evil. It should never be forgotten. I commend the motion to the House, and I thank the honourable member for Gosford for bringing it forward.

Mr CHRIS HARTCHER (Gosford) [11.55 a.m.], in reply: I thank the Leader of the House and the Premier for facilitating the debate and the passage of this motion today. I thank the Premier for his well-chosen words and his message that silence in the face of these catastrophes is complicity in the crime. I acknowledge the contribution of the honourable member for Willoughby, who is a descendant of people who, as Armenians, were victims of genocide in 1915. I acknowledge the contribution of the Leader of the House and his remarks about the terrible suffering of the Ukrainian people. Arthur Koestler, the great twentieth-century writer and intellectual, wrote:

I saw the ravages of the famine of 1932-33 in the Ukraine: hordes of families in rags begging at the railway stations, the women lifting up to the compartment window their starving brats, which, with drumstick limbs, big cadaverous heads and puffed bellies, looked like embryos out of alcohol bottles.

The genocide and the famine were no accident. Communist Party leader Kravchenko quoted the General Secretary of the Ukrainian Communist Party in 1933:

... I am not sure that you understand what has been happening. A ruthless struggle is going on between the peasantry and our regime. It's a struggle to the death. This year [1933] was a test of our strength and endurance. It took a famine to show them who is master here. It has cost millions of lives, but the collective farm system is here to stay. We've won the war.

Today's debate in the Legislative Assembly is similar to debates talking place across the world. The Federal Parliament has a similar motion, my Liberal colleagues in other States are moving like motions, and my colleague in the Legislative Council has already oversighted the motion's unanimous passage through that Chamber. The Ukrainian community throughout the world will commemorate this terrible episode at ceremonies and church services. In Canberra, a service will take place next Saturday 22 November at the Ukrainian memorial in Northbourne Avenue. The Ukrainian people lost their independence to the Russian Tsars in the seventeenth century. For 300 years they suffered persecution and discrimination, but never was their suffering to be as great as it was in the years 1932-33. This was no ordinary famine; this was genocide. The Soviet historian Kononenko wrote:

Anyone who interprets the creation of the famine in Ukraine from 1932-1933 as a repressive measure employed to destroy the Ukrainian peasants' resistance to collectivization is grossly in error. To arrive at such a conclusion is to misconstrue absolutely the situation in Ukraine at that time. The swollen, starving peasants, were the least able to muster a resistance. The sole thought in everyone's mind was how to obtain food... In fact, how can one even speak of resistance when by 1931 already 65.3% of all peasant households were collectivised … No, the famine was not a reaction against those who attempted to undermine Moscow's aims—it was the aim itself.

The Ukrainian people survived Stalin, as they survived the Mongols, the Poles, the Russian tsars and the terrors of Adolf Hitler. The Ukrainian people have a proud history, and all members of this House salute them and the Ukrainian-Australian community. We join the Ukrainian people in commemorating and remembering this tragic episode. We salute their triumphant spirit. We support their aspiration that the famine of 1932-33 should never be forgotten and must never be repeated.

Motion agreed to.

BUSINESS OF THE HOUSE

General Business: Suspension of Standing and Sessional Orders

Motion by Mr Carl Scully agreed to:

That standing and sessional orders be suspended to permit one additional speaker, an Independent member, to speak on General Business Notice of Motion (General Notice) No. 173 [CountryLink Rail Services].

COUNTRYLINK RAIL SERVICES

Mr (Oxley—Leader of The Nationals) [11.59 a.m.]: I move:

That this House:

(1) notes CountryLink is a core government service that should be subsidised;

(2) notes that the recommendations made by the interim Parry report on sustainable transport to reduce or close down CountryLink rail services will severely disadvantage country people;

(3) calls on the Government to retain CountryLink rail services. 5456 LEGISLATIVE ASSEMBLY 20 November 2003

It was pleasing that the Leader of the House gave precedence to this matter so that it could be debated today. Normally the Government would use its numbers to crush a motion that questions its actions, which in this case is the plan to close down CountryLink rail services. However, what we may be seeing is a payback from the Leader of the House to the Minister for Transport Services, who has waged a major campaign to draw attention to Mr Scully's failings in the Transport portfolio. What The Nationals want is action to save CountryLink rail services, not Labor bickering and paybacks.

The message from The Nationals to the Government is to sort yourselves out and start listening to the groundswell of support for rail services in country and coastal New South Wales. The Nationals' petitions calling for these services to be saved are flooding in at a rate of knots. I have a massive bundle of petitions just from my electorate of Oxley on the mid North Coast and they would have literally tens of thousands of signatures. I would imagine that other members throughout regional and rural New South Wales are receiving a similar number of petitions. The Government has got to heed that message.

In recent times I have visited a number of country rail stations. For example, earlier this week I visited Nambucca Heads where probably 500 people turned up to rally and protest the Government's action. An invitation went out to the Minister for Transport Services and to the Premier but, sadly, they not only did not attend but did not even bother to reply. The people at that protest rally were very angry about that. I have also visited the Macksville, Kempsey, Wauchope—which serves the entire Hastings district—and Kendall stations, and last weekend I visited Walcha station, where people expressed precisely the same sentiments.

I look forward to the so-called Country Labor members—the member for Bathurst, Gerard Martin; the member for Monaro, Steven Whan; the member for Tweed, Neville Newell; the member for Murray-Darling, Peter Black; and the member for Cessnock, Kerry Hickey—voting for this motion as it stands. The reason they should vote with us on this important motion is because in their media release of 16 October they said:

CountryLink is a core government service that should be subsidised. The recommendations made by the interim report to scrap CountryLink services will severely disadvantage country people.

We call on Mr Parry to give country people more transport options, and to retain the CountryLink services that people rely on.

If this is what they said in their press release they should have no problem at all in joining with The Nationals and the Liberals to support our motion as it stands. But, if they attempt to play political games and amend the motion, or if they vote against it, that will confirm for us and for country New South Wales that they say one thing in their electorates but subserviently fall into line when Emperor Bob commands them to. Neither I nor any of The Nationals have a lot of faith in Country Labor, as the recent election results also show.

Mr Gerard Martin: Where is Peter Black?

Mr ANDREW STONER: Where is Harry Woods? Yesterday they disgracefully rolled over and voted for the most anti-farmer and anti-country natural resource management legislation this Parliament has seen for a long time. Why will not Labor and the Premier back down and admit that they have made a gross error in pushing ahead with axing country passenger rail services? The only negative effect of a back-down will be a little bit of hurt pride, but surely that is a price worth paying, given the importance of maintaining services in country areas. What about the Premier's concern about population pressures in Sydney? He is forever writing newspaper articles and lecturing on the speaking circuit about what a big problem it is.

It is a pretty simple proposition. If the Government continues to rip services out of country and coastal New South Wales it will exacerbate the population drift out of country New South Wales and continue the population explosion in Sydney. It seems Labor is happy to blow $10 million on a walking track around Sydney Harbour but cannot see its way clear to funding vital infrastructure in country areas. Earlier this month Labor rejected the Murrurundi rail tunnel project, which is a major blow to regional development and jobs throughout the North West and the Hunter. I am sure the member for Newcastle would be deeply concerned about that. The Premier says the construction of the tunnel, estimated to cost $130 million, would not be a responsible use of taxpayers' money. However, when it comes to infrastructure spending in Sydney, such as the $300 million bus transit ways and the $800 million for the M5 East motorway, there is no hesitation in spending taxpayers' money. Sydney Labor has wasted the equivalent of the construction cost of the Murrurundi tunnel on the Millennium trains.

The Nationals are today calling on Labor not only to maintain country passenger rail services but to improve them by making the necessary investment in rolling stock and infrastructure. Substituting passenger rail 20 November 2003 LEGISLATIVE ASSEMBLY 5457 services with bus services will clearly add to problems on New South Wales roads. There will be increased road traffic and road maintenance costs, and bus loads of people will end up travelling on roads and bridges that are in a dangerous state of disrepair—not to mention accidents, as the member for Burrinjuck tells me. In 1989 there was a bus accident that cost the lives of 35 people on a section of the Pacific Highway in my electorate. This issue cannot be ignored.

After being in power in this State for nine years, surely Labor must now take responsibility for its actions. I was deeply concerned with the propaganda in Country Labor's media release last month in which the member for Bathurst called on Mr Parry "to give country people more transport options, and to retain CountryLink services". Come off it! It is not Professor Parry who has the power to give country people more transport options or to retain CountryLink services, it is the New South Wales Labor Government. It is the Labor Government to which each and every one of the so-called Country Labor members belongs. This Government has been setting us up for this with its sleek manipulation of the media. On 24 October the Minister for Transport Services was quoted in the Daily Telegraph as saying that tough decisions would need to be made once the Parry inquiry into public transport was released next month. He said:

… if there are hard decisions to be made I won't shy away from making them. At the end of the day there's more demand than resources.

More demand than resources? Surely the Minister should be going into bat in Cabinet for more resources for his portfolio instead of just throwing the towel in. The bottom line is that our rail infrastructure and services have been underresourced for too long under this Government. All this, when the Government is reaping indecent amounts of stamp duty and other taxes from the New South Wales public. Where is all the money going? Our transport, health, and education services certainly are not getting an increase in resources. The Nationals hold a strong philosophical belief that governments have a crucial role to play in ensuring that basic transport services are a right, not a privilege, for every New South Wales resident, no matter where they live. I note that the Government is about to slug families in country and coastal New South Wales $30 per child per year for so- called free school bus travel. Already country communities have far fewer, if any, public transport options compared with metropolitan communities. As the interim report says:

Over $1.9 billion of taxpayer money goes to fund passenger transport services of one sort or another across New South Wales every year … Most of this money is spent in the metropolitan region in and around Sydney.

In 2002-03 CountryLink expenses exceeded total revenue by $43 million, a gap that has increased from $8 million in 2001-02. However, that funding gap can be explained by the inquiry's interim report, which states:

Revenue sources have remained relatively stable since 2001-02. However, operating costs have increased by 28 per cent. An important driver of increased costs is the ageing XPT fleet. Maintenance for these carriages is increasingly expensive … It is anticipated that carriages will need to be replaced from 2010 at considerable expense.

So it would appear that options to replace CountryLink services with supposedly "user-friendly bus services" are simply a means of avoiding the capital expense of replacing the XPT fleet. This motion is of critical importance to rural, regional and coastal New South Wales. It is essential that we retain much-needed public transport option in those areas, that is, the CountryLink XPT and passenger services, the Armidale Xplorer, the North Coast XPT, and the Sydney to Canberra service. I challenge honourable members opposite to support the motion.

Mr GERARD MARTIN (Bathurst) [12.09 p.m.]: I welcome the opportunity to respond to the comments of the Leader of The Nationals on the Parry report, and it will come as no surprise that I will amend the motion. I move:

That the motion be amended by leaving out paragraphs (2) and (3) of the motion with a view to inserting instead the following:

(2) notes that the Government has reintroduced country rail services closed by the previous Government;

(3) notes Country Labor's submission to the Parry inquiry strongly supporting improved CountryLink rail services; and

(4) calls on the Government to ensure that residents of country New South Wales have access to improved transport, including CountryLink rail services, improved CountryLink bus services and better community transport.

Unlike the Leader of The Nationals, Country Labor has read the Parry and Unsworth reports in their entirety when considering the whole range of sustainable public transport options. I shall reflect on the history of rail services in country New South Wales from 1988 to 2003, during which time significant changes have occurred. In 1998, when the former Coalition was in government, the Liberal Party made all the decisions and The 5458 LEGISLATIVE ASSEMBLY 20 November 2003

Nationals did not disagree. In November 1988, as a result of the inquiry conducted by PA Consulting, many services were cancelled. They included the North Mail overnight service to Moree, Tamworth, Armidale and Tenterfield, the Western Mail overnight service to Dubbo, the North Coast overnight Express to Grafton, the Canberra Express, the Canberra to Monaro Express day service to Canberra and Cooma, the Orange to Lithgow day service, and the day return service from Bathurst to Sydney.

The Coalition would make similar cuts to services if it were ever to stumble back into office. The Leader of The Nationals was not a member at that time but perhaps he should read Hansard to acquaint himself with those dark days in the history of public transport in country New South Wales. I do not want to reflect too much on the painful memories of my colleague the honourable member for Murray-Darling, but in 1989 the Silver Comet service between Orange and Broken Hill via Parkes, Ivanhoe and Menindee was withdrawn and replaced with a daily road coach service from Dubbo via Nyngan, Cobar and Wilcannia. This demonstrates the hypocrisy of longer-serving members opposite.

I will continue the litany of selling out country people. In 1990, as a result of the Booz Allen Hamilton report, further changes to rail services were implemented. I know the honourable member for Northern Tablelands will have a painful recollection of when the three-days-a-week locomotive-hauled Armidale train was cancelled. Also cancelled were the three-days-a-week XPT Armidale train, the Werris Creek to Moree diesel rail car train, and the XPT to Tamworth. A return daily was introduced, with road coaches between Tamworth and Moree, and Tamworth and Armidale. The list goes on and on. The Opposition has no right to talk about rail services in view of its poor record on public transport for the bush. The Nationals can change its name a dozen times but it is still the same old, out-of-touch group.

Country Labor provided a comprehensive submission to the Parry inquiry, including 18 recommendations, which I commend to honourable members. There are no big words, so members opposite should be able to understand it and support it. Originally, the honourable member for Orange agreed with the Parry report; he did not have a problem with people catching buses instead of trains if it would save money. About 10 days later he received a phone call informing him of statements made by Country Labor and asserting that The Nationals should be looking after people in the bush. He was brought back into line and the idea of a petition suddenly seemed a good idea.

The Government does not oppose petitions but on this issue there is no need for reams of paper because we know our constituents' views on rail services. The honourable member for Monaro, the honourable member for Murray-Darling, and the Independent members are fully aware of what their communities want, that is, the return of CountryLink rail services. The Nationals have reacted throughout the bush to the actions of Country Labor. The Leader of The Nationals referred to the considerable consultation that has taken place. The Daily Examiner said that The Nationals could attract a crowd of only 20 Grafton people to its rally against what the paper referred to as the retrograde thinking of the Minister for Transport Services. The Parry report is out in the public arena for discussion.

This Government has a fine record of fiscal management, but I shall not go into that at this time. This report is a genuine document by the Independent Pricing and Regulatory Tribunal and even though we do not agree with all aspects of it, we are prepared to have a fair dinkum discussion on it. The report is not about cost saving, but it states that any money saved through changes to rail or bus services should be redirected into regional transport services, not into the Consolidated Fund. One cannot argue against that.

The honourable member for Ballina and the honourable member for Lachlan could tell us about the 18 country branch lines that the Opposition closed when it was in government, yet they have the gall to suggest that when it comes to country rail services they are the saviours of country people. They are the biggest bunch of hypocrites that have ever sat on the Opposition benches. They have no credibility. The Hon. Michael Gallacher obviously does not talk to the Leader of the Opposition. He visited Armidale and said he could not promise anything 3½ years away. He suggested that the Coalition would reverse the recommendations of the Parry inquiry if it is elected to office.

The honourable member for Northern Tablelands seems to be in tune with his electorate. He labelled the comments of the Hon. Michael Gallacher about saving the Armidale rail service as nothing but empty rhetoric, which is what we have heard from the Leader of The Nationals. Country Labor is asking the Opposition to support its sensible amendment, which goes to the heart of looking after country rail and bus services. We accept that if services are subsidised by $2 billion, it is incumbent upon the Government to examine and revise them. 20 November 2003 LEGISLATIVE ASSEMBLY 5459

Nothing stays the same. That is why Country Labor made strong recommendations to the Parry inquiry, and obviously they have been plagiarised by members opposite. We will go to the wire on this issue, and we ask The Nationals to hang onto our coat tails and come along for the ride. We will even forgive them for the sins they perpetrated on country people when they were in office. The former Greiner Government slashed services and The Nationals did not have the guts to stand up for their constituents. If the Coalition ever stumbles back to government, we can expect more of the same, but country people will not swallow it. The Nationals can change their name, do what they like, even shave their moustaches, but it will not help them one little bit. I commend the amendment to the House.

Mr GEORGE SOURIS (Upper Hunter) [12.19 p.m.]: We are debating this motion to prevent any possibility of forthcoming cuts to our rail system.

[Interruption]

I listened to the honourable member for Bathurst in silence; he should show me a little courtesy. The issue we face is whether philosophically we as a Parliament support public transport. That is it. In particular, do we support public transport in country New South Wales, where there are virtually no transport options other than cars. To suggest that our already congested and underfunded roads will carry additional bus transport in lieu of rail passenger transport is ludicrous, and we must conjointly fight against that notion. Members opposite can go as far back as they like in history, but in reality we are talking about the future.

Members opposite should go back to the time of the Unsworth Government, which is when the first XPT was taken off the Armidale run. That is when the trouble started. The closure of the Sydney to Newcastle service is bubbling along, and we oppose that. This issue is raised time and again. I notice that one public servant, Mr Vince Graham, has again inserted himself into the situation. It does not surprise me one bit that the plan presented to the previous Government for the Armidale and Moree routes is exactly the same as the plan now proposed for the same route.

The previous Government bought the Explorer train fleet—which subsequently became the Endeavour fleet—reinstated the services to Armidale and Moree, and enhanced the XPT fleet as well as including a sleeper fleet. If members opposite want to talk about other rail cuts, it was the Wran-Unsworth Government that closed the service to Mudgee.

Mr Gerard Martin: What about the lines we have reopened?

Mr GEORGE SOURIS: The Government spent a little bit of money on the Cowra and Mudgee lines. But when will the first train run? I would take a freight train; that would do me. Then we might have some rail passengers in the future. Members opposite either support public transport or gutlessly hide behind submissions to the Parry inquiry. They are the Government of the day. Why are we even debating this issue? Unless members opposite are proposing these cuts, they should not masquerade behind a so-called independent inquiry. Make submissions to an independent inquiry and wait for the cuts to come!

Mr Gerard Martin: It's all about transparency in government.

Mr GEORGE SOURIS: Let me remind you—

Mr Gerard Martin: What about Luna Park?

Mr GEORGE SOURIS: The honourable member for Bathurst is a little quick. Let me remind him that the Coalition reinstated the two Explorer trains to Moree and Armidale, dividing at Werris Creek. Two trains operated on that route, one northbound and one southbound in the morning, crossing over roughly in the middle of the upper Hunter. That is a very good service. There was also a night service on that route, especially on weekends, which was important for university students and others. It was the Labor Government that stopped the Explorer night trains. The problem we now face with the current plan is that if the train service terminates at Tamworth with radiating buses, the whole train set will be eliminated.

Under this proposal, a train would leave Sydney in the morning and terminate at Tamworth. It would then return to Sydney as the Sydney service. In other words, it would travel through my electorate, through the Hunter and so on, as a late afternoon service to Sydney. That would be almost useless, necessitating overnight accommodation and so on. So the proposal has implications beyond Tamworth and down the line all the way to Sydney. 5460 LEGISLATIVE ASSEMBLY 20 November 2003

It is most unfortunate that this issue is on the table once again, but it is on the table because the Government put it there. If members opposite and Minister Costa were not interested in parading these cuts, we would not be debating this issue now. The Government should collect revenue and provide staff on busy stations, or at least install ticketing machines and collect the revenue from them. For example, the station at Scone is unstaffed and has no ticket machines, which means free travel. The Government should tidy up its shop first and then think about what to do with the rail system. [Time expired.]

Mr STEVE WHAN (Monaro) [12.24 p.m.]: I welcome the opportunity to voice my strong support for CountryLink train services to Queanbeyan and Canberra, and to outline the action that I as Monaro's representative have taken to ensure that the Parry report recommendation to ditch our train services is not implemented. The draft Parry report states that CountryLink rail services, such as the Queanbeyan and Canberra service, are hard to justify. It highlights a number of very challenging figures, including the level of subsidy provided to the service—apparently up to $90 per passenger—and declining patronage due to competition from cheap bus fares.

The economic rationalist answer is to cut the service, but neither I nor my community agrees with that. Our rail service is vital for so many people: disabled people who have trouble accessing buses, elderly people who have difficulties with bus toilets and getting food at stops, people with medical conditions such as diabetes who need to eat along the way, and families with young kids who find it frustrating to keep the kids quiet on bus services. Yes, most of the passengers on these services are concession passengers, but they deserve a service. We want the service to Queanbeyan retained, and we want our return day service to Queanbeyan reinstated.

Three weeks ago more than 300 Queanbeyan residents turned out at a meeting in the church hall to express their support for rail services. I have been giving their message to the Premier and the Minister as they consider how the Government will respond to the Parry report. At the public meeting I moved motions to support the service and to establish a working party to get local input into the Parry report response. I am pleased to say that the Minister is working positively with the community working party, and I welcome the interest that his office has shown in listening to our community. The Minister's chief of staff will be participating in this, along with the Department of Transport.

The working party is the key to putting up a good case to save our train. And it is the key to why having a Country Labor member gives our region a better chance of winning the fight. Had this report come down four years ago, when the National Party held Monaro, we would have seen lots of grandstanding and protesting but we would not have seen any constructive action to actually save the services. Of course, had the National Party held Monaro and been in government the service would have gone the same way as the Cooma service went in 1989 under the Greiner Government.

Mr DEPUTY-SPEAKER: Order! The Opposition will come to order. All members will have an opportunity to contribute to the debate at the appropriate time.

Mr STEVE WHAN: The working party—I note that the honourable member for Burrinjuck tried to establish a similar working party in her community—is having its first meeting next Monday. It comprises representatives of seniors groups, the disabled, local government, and others. I am confident that this will be a constructive meeting that will address the issues raised in the Parry report. Public transport should be subsidised, but it is also important to ensure that we as taxpayers get the best use of our money, which means looking at how we can raise more revenue, whether we have the right timetables and efficiencies in things like ticketing.

As a community we also need to make the most of the positive aspects of the Parry report, particularly the recognition of community transport. On this service we also have to look at how we can work with the Australian Capital Territory Government. Canberra people make up a large portion of the passengers on this train, yet Canberra makes no contribution to the cost of the service. Australian Capital Territory Chief Minister Jon Stanhope has made a submission to the Parry report expressing his Government's strong support for the service and pointing out that the social benefits far outweigh the economic assessment.

Mr DEPUTY-SPEAKER: Order! I call the honourable member for Coffs Harbour to order.

Mr STEVE WHAN: On that basis I am looking forward to a positive response from the Australian Capital Territory Government to a request for a financial contribution to the service. The Nationals have belatedly got behind Country Labor and the Independents on this issue. As the Country Labor representative for Monaro, I am determined to win this battle for my community. I will be taking the advice of one of the people at 20 November 2003 LEGISLATIVE ASSEMBLY 5461 the Queanbeyan public meeting, the former and very popular member for Monaro Peter Cochran. Incidentally, he had a 16 per cent margin, which means The Nationals vote dropped by more than 20 per cent over two elections. He endorsed my motions.

More importantly, he apologised to the meeting for not fighting harder for the Cooma rail service when his Coalition closed the line in 1989. Peter Cochran told me not to make the same mistake. He told me to stand up and fight for my community, and that is exactly what I intend to do. A lot of people in the community, including Peter, seem to think this is a done deal, but they underestimate their local member. I will be fighting for this service and doing it constructively, unlike The Nationals who just whinge and interject. [Time expired.]

Mr GREG APLIN (Albury) [12.29 p.m.]: It is a sad reflection on the direction of the Carr Labor Government that we have to debate a motion that calls on the Government to retain CountryLink as a core government service that should be subsidised. Is it not a given that we have to service our communities? CountryLink's web site states that it offers "an experience to remember". Let us hope that that continues and that it is not something we might have to reflect on as an historic remembrance. The XPT, the express passenger train, was introduced in New South Wales in 1982. In 1993, some 11 years after the train was introduced, brand- new carriages were delivered and the existing carriages were completely refurbished with new seats, carpets and curtains. Does that not make one think that it is possibly in need of refurbishment once again, and that that is possibly the reason it is being considered for withdrawal? Improving the quality of services will attract passengers back to rail, ensuring the viability of the CountryLink network well into the future. Instead, the Labor Government seems to be opting for the "It is all too hard, so just shut it down" approach.

I recently talked to a farmer who had returned from Argentina. He commented on the excellence of the rail services in Argentina and compared New South Wales services unfavourably. That came as a shock to me. I assumed that in our country rail services would have been the equivalent of the best. The CountryLink web site says that we have a rail service equivalent to the finest in Europe. Some of our passengers may disagree with that statement. I ask the Government to seriously consider that refurbishment because it is vital that we continue to provide rail services to country people. The Albury electorate has a special link. We are referred to in the web site specifically for one achievement. On 18 September 1992 at Culcairn, which lies just to the north of Albury, the CountryLink XPT set a new speed record of 193 kilometres per hour. Its maximum operating speed is normally 160 kilometres an hour.

The motion refers to the threat to CountryLink services posed by the Government, which is considering withdrawing the services and replacing them with buses. The Leader of The Nationals moved this motion, and I wholeheartedly support it. Therefore, I reject the amendment. People in country areas need services to link them to cities and other towns. Recently I attended a public meeting in Henty. It was one of the largest public meetings ever in that town. It was held at the railway station. The people of Henty and surrounding areas were the first to raise concern that the service delivered by CountryLink was to be withdrawn. They raised the concern with my office and I made inquiries. Their initial concern was put aside by CountryLink, which said it had some difficulties with the timetable. I find it difficult to believe that two months out from one of the busiest times of the year—school holidays and the lead-up to Christmas—the timetable could not be produced. It was an ominous warning that the Government had something in mind. The debate today reflects that.

We are concerned about CountryLink. People in country areas have to travel to capital cities or larger centres for various purposes, whether it be students travelling to universities or schools, or people travelling to medical appointments and operations. People travel for tourism and to see their relatives. Seniors exercise their option to travel to see their families in distant parts of the State. CountryLink services provide a lifeline for people who opt to live in regional areas of Australia. For that reason, we absolutely insist that the service is vital and must be maintained. We are talking about two services a day in each direction. It is not a heavy load. If the Government is concerned about the number of people travelling, it could overcome that by adopting the marketing principles operating in Victoria. Those principles are to promote the area, promote the service and make the best possible use of a vital service to country New South Wales. [Time expired.]

Mr PETER BLACK (Murray-Darling) [12.34 p.m.]: Mr Deputy-Speaker—

Mr Andrew Stoner: Here we go!

Mr PETER BLACK: Rightly so, the Leader of The Nationals has said, "Here we go." What an appalling disgrace we have seen today! The Leader of the "Notional Party" should be called DD—the Daily Disgrace. Yesterday, during debate on the catchment management authorities legislation, we heard one of the 5462 LEGISLATIVE ASSEMBLY 20 November 2003 worst speeches ever given by DD. He had the gall to refer to the Armidale rail service. Michael Gallacher told representatives of the fourth estate and the people of Armidale that if the train goes he will not save it. I was up there representing Country Labor, in good taste. The shadow Minister for Transport Services, Michael Gallacher, said that he would not put the trains back on the rails.

I will refer to some of the issues that relate to Murray-Darling. What happened under ? Do honourable members know that great revolutionary, the mayor of Carrathool Shire Council, Athol Roberts? Wal went out there and said to Athol, "It's not going to be a problem if we take up a huge section of the Roto to Hillston railway line." Athol, that well-known revolutionary, could not believe it and still cannot believe it. Those opposite backed the proposal. To this day, grain trucks travel from Roto to Hillston. As a result, millions of dollars are spend on repairs to those roads each year, including the road from Hillston to Goolgowi.

Another great revolutionary is the mayor of Bourke Shire Council, Wally Mitchell. Only a couple of years ago we were told that it would cost $11 million to reopen the line, to get it back in operation. When Wal Murray supported the proposition that that line be closed he forgot one thing: If you close the railway line you put half the community of Bourke out of work—they used to work at the abattoir. It has resulted in social disaster in Bourke because these people have been out of work ever since the abattoir closed. Large trucks come down from Queensland, straight through Bourke to Dubbo. Heavy transport has been put on the road because members opposite supported ripping up the railway line. The best case I can give is the Silver City Comet. The Daily Disgrace did not refer to the Silver City Comet, from Parkes to Broken Hill. Those opposite supported the proposition that the train be replaced with a four-wheel-drive service from Ivanhoe to Cobar. That is what they dreamed up! They took away the train after 52 years of successful operation. They cancelled the train. Guess what happened in 1994?

I gave a reception to the then Leader of the Opposition, Bob Carr, in the Broken Hill Trades Hall. One of the promises he made in November of 1994 was that when elected to government he would put the train back on. And that is what happened. The Broken Hill Outback Explorer is operating. Some Opposition members have journeyed on that mighty train to great areas such as Ivanhoe. It does not matter what the Parry report says: that train will continue to operate. It will not be cancelled. It will continue to operate for decades to come, because that is how long this Government will be in power. Under the leadership of DD, the Daily Disgrace, the National Party, the "Notional Party"— [Time expired.]

Mr RICHARD TORBAY (Northern Tablelands) [12.39 p.m.]: I am very pleased to speak in support of the motion moved by the Leader of The Nationals and again debate country rail services in this place. Today in this Chamber many people have spoken about history. In question time yesterday comments were made about hypocrisy. I do not think there is a better example of hypocrisy than a discussion of country rail services. Members from no side of politics can hold their head high on this issue. Some people may want to take credit for changing the views of successive governments or working to retain country rail services, but they miss the point. It has been people, especially in northern New South Wales, who have led the debate on this issue. They have said very clearly—they have said it to me, and I think they were first in the State to say this—that they reject any suggestion of losing their train. They have said very clearly, "Hands off the Tamworth to Armidale service. We deserve it and it is our right as country people to have the service."

I have conveyed that message to this Parliament on numerous occasions. I am delighted that The Nationals have moved this motion. It is a little late in the debate, but we are happy to finally have them on board. We are thankful that recently there has been some movement in the debate. I am on the record as acknowledging the comments made by Country Labor members and saying that they have been helpful in the debate, particularly against their own Government, which has been pushing for the removal of country rail services—something that we reject. The Leader of the Opposition wrote "yes" on a copy of the notice paper concerning a notice of motion I had given. That was a great day when he made that commitment. I have that copy of the notice paper with his handwriting on it framed if anybody wants to see it. It was not until that day, well and truly months into the negotiations and the debate on country rail services, that we heard anything from the Opposition on this issue in this place. I feel a little sorry for the Leader of The Nationals when I look at the history of this place. He is obviously well-intentioned, but he said that his party's deep philosophical position is to subsidise rail services. Let me read some correspondence:

I believe that the changes which we have made— the changes being referred to involve the removal of the rail service to Armidale, Tenterfield and Glen Innes—

to the State's rail services must be viewed within the context of the State Rail Authority's huge operating losses, and the consequent need for significant improvements in efficiency and productivity... 20 November 2003 LEGISLATIVE ASSEMBLY 5463

Does that sound familiar? Does it sound like Michael Costa? The letter goes on to state:

I am confident, however, that in the long run, our policies will achieve a marked improvement in the State's economy and thereby generate better facilities and more efficient services for the people of New South Wales.

Was that letter from Michael Costa? No, it was from Wal Murray, the then Leader of the National Party. Rail services should be provided to country people as a requirement. The Leader of The Nationals may have a deep philosophical view about country rail services but a Coalition Government removed them. Wal Murray's letter was almost word for word the speech of Michael Costa in respect of efficiencies, not people. The Coalition took away country services. I was disappointed that the shadow Minister, standing on Armidale railway station, when challenged about whether the Opposition would make a commitment to save country rail services—that was prior to the commitment given by John Brogden—said:

I can give you a commitment today but if in two years or 12 months time this Railway Station is closed down and we are looking at a cafe and the railway lines are in such a deplorable condition because of maintenance neglect over the next three and half years, then where do I go from there?

What I will do is give you a commitment to maintain pressure on the government...

Do as I say, not as I do! That is the policy. My position is very clear: hands off country rail services. That is the position the honourable members representing the electorates of Tamworth, Dubbo and Port Macquarie have supported from day one. [Time expired.]

Mr ANDREW STONER (Oxley—Leader of The Nationals) [12.44 p.m.], in reply: I refer to the media release of 16 October put out by the Country Labor faction. It is breathtaking hypocrisy. Country Labor is calling on the Parry inquiry to retain CountryLink services. But the Parry inquiry was instituted by the Labor Government. Let us go through the spin. This is Labor calling upon Labor to retain CountryLink services. Unbelievable! People will surely see through this subterfuge of country-based Australian Labor Party members trying to portray themselves as heroes in the fight against the nasty Parry inquiry. They are part of the conspiracy. No wonder that the honourable member for Bathurst and his Labor colleagues have sought to amend the motion.

Mr Gerard Martin: Point of order: The Nationals seem to be unaware of the position of Country Labor. I am happy to table our submission to the Parry inquiry.

Mr DEPUTY-SPEAKER: Order! There is no point of order.

Mr ANDREW STONER: No wonder the honourable member for Bathurst and his so-called Country Labor colleagues have sought to amend the motion. He will not cross the floor against his Sydney Labor masters but he is desperately worried about his standing in his electorate. So he tries to neuter the motion by cutting the guts out of it and inserting some party political rhetoric. Country people will see through this desperate and dishonest tactic. They are as mad as hell. It will take more than slippery tactics; it will take honesty and action for the honourable member for Bathurst to hang on to his seat. I call on Country Labor members to stop the charade, withdraw their political amendments and join The Nationals in voting for a motion that, after all, reflects the statements in their own media release. I turn to the misleading comments about the late involvement of The Nationals on this issue. I refer to Hansard of question time immediately following the announcement of the Parry interim report. The Nationals led the charge on this issue during question time, long before the honourable member for Northern Tablelands bothered to give notice of a motion, long before Country Labor members raised their heads.

Mr Richard Torbay: Point of order: There are more than 11 entries in Hansard prior to the National Party's question on this issue.

Mr DEPUTY-SPEAKER: Order! There is no point of order.

Mr ANDREW STONER: I also find it curious that the honourable member for Northern Tablelands should be quoting from a document that is clearly a Government document, which would have come from the files of the Government.

Mr Richard Torbay: Point of order: This correspondence was given to me by Mr Jeff Watson, the branch president of The Nationals in Northern Tablelands. 5464 LEGISLATIVE ASSEMBLY 20 November 2003

Mr DEPUTY-SPEAKER: Order! There is no point of order.

Mr ANDREW STONER: This motion is about now and what will happen with CountryLink services in the future under this Labor Government. It is also about whether Country Labor members will support the motion. They could not resist; they have moved an amendment and started playing politics on this very important issue. The people of New South Wales are sick to death of this sort of political hypocrisy. Let us look at Labor's record. It closed the night trains and the Xplorer service on the Armidale and Moree lines. The honourable member for Coffs Harbour reminded me that Labor closed the Belmont line in 1972 and the Coalition Government reintroduced the XPT services cut by former Premier Unsworth. Both sides of politics have rationalised train services over the years, but this motion is about now and what this Government intends to do about CountryLink services in the future. The honourable member for Burrinjuck, who did not have the opportunity to contribute to this debate—

Mr Gerard Martin: Point of order: The honourable member is misleading the House. The Askin Government was in power in 1972.

Mr DEPUTY-SPEAKER: Order! There is no point of order. The Leader of The Nationals may continue.

Mr ANDREW STONER: The honourable member for Burrinjuck has given me 6,000 signatures on petitions supported by Ruth Shanks and the local Country Women's Association. The honourable member for Lachlan also contributed a large number of petitions. There is no other form of public transport in areas such as Lake Cargelligo, West Wyalong, Young, Temora, Cootamundra and Harden. I call upon the Country Labor members to drop the amendment and to support The Nationals' motion.

Amendment agreed to.

Motion as amended agreed to.

[Mr Deputy-Speaker left the chair at 12.54 p.m. The House resumed at 2.15 p.m.]

VIOLENCE AGAINST WOMEN

Ministerial Statement

Ms SANDRA NORI (—Minister for Tourism and Sport and Recreation, and Minister for Women) [2.15 p.m.]: In 1993 the United Nations General Assembly resolved that violence against women constitutes a violation of the rights and freedoms of women, and it established 25 November as an international day to promote the elimination of violence against women. The reasons for selecting 25 November go back to 1960, when the three Mirabal sisters from the Dominican republic were violently assassinated for their political activism. Data indicates that in no country in the world are women safe from physical violence. In Cambodia, 16 per cent of women are physically abused by their husbands. In the United Kingdom, 30 per cent of women are physically abused by partners or former partners. The figure in the West Bank is 52 per cent, 21 per cent in Nicaragua, 29 per cent in Canada, and 22 per cent in the United States of America.

National statistics for this country published by the Australian Bureau of Statistics showed that 30 per cent of women over the age of 18 have experienced physical violence since the age of 15, and that 18 per cent have experienced sexual violence since the age of 15. We clearly have a long way to go. Members will have noticed the white ribbon on my dress. White ribbons will be available from my office for any member who wishes to wear one on 25 November. Wearing the ribbon is a personal pledge to never commit or condone, nor remain silent about, violence against women and children.

Mrs JILLIAN SKINNER (North Shore) [2.19 p.m.]: The Coalition rejects absolutely any notion of support for violence against women in any shape or form, whether it be physical violence, verbal violence, threats against women, or sexual violence. It is disturbing indeed to learn that 30 per cent of women in Australia have been victims of violence. Every member of this Parliament needs to support women who complain about violence against them, whether it be in the form of threats, physical violence or sexual violence. We should all stand together and say to the perpetrators of violence against women, "Enough, no more, we will not stand for it!" 20 November 2003 LEGISLATIVE ASSEMBLY 5465

KAYUGA MINE ACCIDENT

Ministerial Statement

Mr KERRY HICKEY (Cessnock—Minister for Mineral Resources) [2.21 p.m.]: I have just been advised by the Department of Mineral Resources of a serious accident at the Kayuga Mine, near Muswellbrook. At this stage there are unconfirmed reports of a fatality. The Department of Mineral Resources safety inspectors are en route to the mine and will keep me informed of the details as they come to hand.

Mr ADRIAN PICCOLI (Murrumbidgee) [2.21 p.m.]: The Opposition expresses its sympathies to the families of any miners who were injured in the accident to which the Minister referred. The Opposition totally supports the maintenance of mine safety and workplace safety generally. We hope that the Department of Mineral Resources fully investigates this accident and prosecutions are undertaken if necessary.

PETITIONS

Gaming Machine Tax

Petition supporting the increase in gaming machine taxes and welcoming the fact that all extra revenue will be spent on the health system, received from Ms Angela D'Amore.

Gaming Machine Tax

Petitions opposing the decision to increase poker machine tax, received from Ms Gladys Berejiklian, Mr Thomas George, Ms Katrina Hodgkinson, Mrs Judy Hopwood, Mr Malcolm Kerr, Ms Alison Megarrity, Mr Steven Pringle, Mr Andrew Tink and Mr John Turner.

White City Site Rezoning Proposal

Petition praying that any rezoning of the White City site be opposed, received from Ms Clover Moore.

Water Police Pyrmont Site

Petition opposing development of the current Water Police Pyrmont site, received from Ms Clover Moore.

State Environmental Planning Policy 5

Petition requesting a moratorium be placed on further developments in designated bushfire prone areas until State government planning policies are amended to reflect the 2002 changes to State Environmental Planning Policy 5, received from Mr Barry O'Farrell.

Lane Cove Rotary Athletics Field

Petition opposing the use of the car park at Rotary Athletics Field, Lane Cove, as a construction storage site, received from Ms Gladys Berejiklian.

Windsor Road Traffic Arrangements

Petitions requesting a right turn bay on Windsor Road at Acres Road, received from Mr Wayne Merton and Mr Michael Richardson.

Orange Electorate Speed Limit

Petition opposing the blanket 50 kilometre per hour speed limit and requesting that the Mitchell Highway and other main arterial roads revert to previous speed limits, received from Mr Russell Turner.

CountryLink Rail Services

Petitions opposing the abolition of CountryLink rail services and their replacement with buses in rural and regional New South Wales, received from Mr Greg Aplin, Mr Peter Draper, Mr Thomas George, Ms Katrina Hodgkinson, Mr John Turner and Mr Russell Turner. 5466 LEGISLATIVE ASSEMBLY 20 November 2003

Casino to Murwillumbah Branch Rail Line

Petition requesting the extension of the Casino to Murwillumbah branch line to south-east Queensland, received from Mr Thomas George.

Redfern and Surry Hills Bus Services

Petition requesting improved bus services in Redfern and Surry Hills, received from Ms Clover Moore.

Public Transport

Petition requesting the development of a transport blueprint for public transport as an alternative to private vehicle use, received from Ms Clover Moore.

Bus Service 311

Petition praying that the Government urgently improve bus service 311 to make it more frequent and more reliable, received from Ms Clover Moore.

Parking Space Levy

Petition objecting to the inclusion of 330 Wattle Street, Ultimo, within the inner central business district zone for parking space levying, received from Ms Sandra Nori.

Tamworth and Armidale Rail Services

Petition opposing the proposed cut to the CountryLink rail service between Tamworth and Armidale, received from Mr Richard Torbay.

Dunoon Dam

Petition requesting the fast-tracking of plans to build a dam at Dunoon, received from Mr Thomas George.

Circus Animals

Petition praying that the House end the unnecessary suffering of wild animals and their use in circuses, received from Ms Clover Moore.

Sow Stall Ban

Petition requesting the total ban of sow stalls, received from Ms Clover Moore.

MINISTRY

Mr BOB CARR: In the absence of the Minister for Gaming and Racing, who is in Melbourne at a ministerial meeting on gambling, the Minister for Roads, and Minister for Housing will answer questions on his behalf.

PUBLIC ACCOUNTS COMMITTEE

Report

Mr Matt Brown, as Chairman, tabled, pursuant to section 48A of the Public Finance and Audit Act 1983, the report entitled "Triennial Review of the Audit Office of New South Wales—Final Report".

Ordered to be printed. 20 November 2003 LEGISLATIVE ASSEMBLY 5467

COMMITTEE ON THE HEALTH CARE COMPLAINTS COMMISSION

Report

Mr Jeff Hunter, as Chairman, tabled the report entitled "8th Meeting on the Annual Report of the Health Care Complaints Commission", dated November 2003.

Ordered to be printed.

STANDING COMMITTEE ON PUBLIC WORKS

Report

Mr Kevin Greene, as Chairman, tabled the report entitled "The National Conference of Parliamentary Public Works and Environment Committees 2003, Perth, Western Australia—The Sustainability of Regional Development—Addressing the Triple Bottom Line 11, dated November 2003.

Ordered to be printed.

QUESTIONS WITHOUT NOTICE

______

CAMDEN AND CAMPBELLTOWN HOSPITALS EMERGENCY DEPARTMENTS HEALTH CARE COMPLAINTS COMMISSION REPORT

Mr JOHN BROGDEN: I direct my question without notice to the Minister for Health. Given the conflict of interest of the Health Care Complaints Commissioner Amanda Adrian due to her friendship with Jennifer Collins, the continued protection and employment of Jennifer Collins in NSW Health, and the delay in the release of the Health Care Complaints Commission's final report until December when the Parliament will be shut down for the year, why will the Minister not establish an independent judicial inquiry into the Camden and Campbelltown hospitals affair?

Mr MORRIS IEMMA: As I have consistently said in this House and outside following the matters covered in the draft report of the Health Care Complaints Commission [HCCC], that statutory independent body is investigating a number of allegations in relation to clinical care at Camden and Campbelltown hospitals and the treatment of staff. I understand that it involves nurses and other staff. The draft report was leaked some 1½ months ago. The inquiry is nearing completion. The commissioner has said that she expects the inquiry to be complete with a report available before the end of the year. I repeat what I have said consistently before: there will be a swift and decisive response to the report.

Mr John Brogden: Point of order: The Minister has yet to direct his remarks to the substance of the question. My point of order relates to relevance. I specifically asked the Minister whether he is aware of the conflict of interest.

Mr SPEAKER: Order! There is no point of order.

Mr MORRIS IEMMA: An inquiry is taking place by an independent statutory body that is to report shortly. In the words of the commissioner, a report will be due before the end of the year. There will be a swift and decisive response when the final report of this statutory independent body is received.

Mr SPEAKER: Order! The Leader of the Opposition will cease interjecting.

NATURAL RESOURCES LEGISLATION

Mr ANDREW STONER: I direct my question to the Minister for Infrastructure and Planning, and Minister for Natural Resources. Given the Minister's admission that his natural resources legislation looks nothing like the Sinclair report recommendations and that it requires significant amendment in the upper House, was he incompetent, dishonest or both when he introduced the bills only last week? 5468 LEGISLATIVE ASSEMBLY 20 November 2003

Mr SPEAKER: Order! I remind the Leader of The Nationals of the prohibition in the standing orders against the use in questions without notice of derogatory remarks.

Mr CRAIG KNOWLES: Yesterday during the second reading debate on the legislation, before it was sent to the upper House, in my reply I made the point that if , Wal Murray, the honourable member for Lachlan or even the honourable member for Upper Hunter, who have all been leaders of the National Party, had been sitting opposite, they would have had the courage of their convictions in the Parliament and voted against the legislation. What did members opposite do?

Mr Andrew Stoner: We did vote against it.

Mr CRAIG KNOWLES: Maybe someone from the file room can get the amendment moved by the Leader of The Nationals during the second reading debate. During the debate the honourable member for Lachlan made the point that back in the old days when The Nationals were the Country Party, if they did not like legislation or believed that it was unworkable there was no point putting a bandaid on it. They would have voted against it. What did the Leader of The Nationals do? He moved an amendment to defer the legislation until April 2004.

Mr Andrew Stoner: So what?

Mr CRAIG KNOWLES: As I said in the Parliament yesterday, it reminded me of a dog between two trees.

Mr Andrew Stoner: Point of order: The Minister is misleading the House again. The Votes and Proceedings show that The Nationals voted against the legislation.

Mr SPEAKER: Order! There is no point of order. The Leader of the Nationals will resume his seat.

Mr CRAIG KNOWLES: So he did not move an amendment? I think not! History will record that the Leader of The Nationals moved an amendment. He did not have the courage of his convictions on the first go and seek to knock over the legislation. Leon Punch would not have done that back in the old days when National Party members such as Askin and Greiner could win seats such as Manly from blokes like the Leader of The Nationals. In those days, leaders of the National Party were capable of standing up for their constituencies.

From day one, we have made it clear that we will move through this legislative process by working with farming communities and various environmental groups, and we continue to do so. People appreciate that. All we got yesterday was the tawdry old scare campaign of The Nationals, led by the Leader of The Nationals and the honourable member for Coffs Harbour. We had a reasonable contribution from the honourable member for Ballina. However, here is the evidence, signed by some bloke called Andrew Stoner. During the second reading debate the Leader of The Nationals moved an amendment:

That the motion be amended by leaving out the word "now" with a view to adding "on the first sitting day of 2004".

That means deferring it. I note that some members of The Nationals have difficulty spelling but it is not too hard to spell the word "no". If they felt so strongly about the legislation, they should have voted straight out against it.

Mrs Jillian Skinner: Point of order: The parliamentary documents clearly show that we voted against the legislation. The Minister is misleading the House. I suggest that you ask the Minister not to deceive the Parliament.

Mr SPEAKER: Order! There is no point of order. The honourable member for North Shore will resume her seat.

Mr CRAIG KNOWLES: One thing we know is that when debate on this legislation resumes in the upper House, The Nationals will then have a second challenge. We will have worked through, as we continue to say we will do, with the various stakeholders, to continue to make sure we get it right. The challenge for The Nationals will be to see whether they can move away from this mealy-mouthed, whingeing, dog-between-two- trees approach, not one thing or the other, and whether they will vote yes or no. 20 November 2003 LEGISLATIVE ASSEMBLY 5469

SECURITY INDUSTRY FIREARMS ACCESS REFORM

Mr TONY STEWART: My question without notice is addressed to the Minister for Police. What is the Government's response to community concerns about so-called soft targets within the security industry?

Mr JOHN WATKINS: Honourable members would be aware of our recent, major reforms to target thugs with guns. Task Force Gain is making a big impact on the streets of Sydney. We have brought in new laws for drive-by shootings, firearms theft and trafficking, and we have restricted bail for prohibited firearms offences. Now it is time to eliminate soft targets within the security industry. During 2003, 65 guns were stolen from the security industry. Clearly, there are operators within that industry who must be stripped of their access to firearms. The Government warned these companies they must play a role in our efforts to reduce gun crime. Now they will be forced to do so or they will not exist. That is why in September I announced a review of the security industry. Today I can inform the House that its outcome will make firearms in the security industry only available where necessary, harder to steal, less desirable for criminals, and more easily traced and linked to crime. A tiered system of "safe storage" requirements will be introduced.

The more guns one has, the more stringent the requirements. The requirements will be different for companies with one, two to five, six to 15, or more than 15 guns. Of course, all current standards will continue, with a range of additions. For example, companies with one firearm will be forced to introduce off-site monitored alarms for the premises and the gun safe, and the gun must be individually trigger-locked. Companies with more than 15 firearms will be forced to store guns in a vault accessed by remote permission, with safes attached to full brick or concrete slabs. The safes will be a minimum weight of 500 kilograms, with the entire property monitored and recorded on closed-circuit TV and fitted with duress alarms. Residential storage will be banned for anyone holding more than one firearm. All security firms will be required to make submissions to NSW Police to justify the need for every weapon they now hold.

The industry will be banned from firearms access, except for those involved in cash-in-transit duties, guarding premises with high-value merchandise or machinery, guarding critical or high-risk infrastructure, certain patrols and alarm response—on individual application only, and those companies involved in firearms training. Firearms owned by the security industry will be restricted to maximum 40 calibre for pistols and a maximum 38 calibre for revolvers. The reasoning is simple: no security guard should have a more powerful weapon than a New South Wales police officer. The New South Wales Police Firearms and Regulated Industries Crime Squad [FRICS] has established Strike Force Traditional, which will monitor and enforce the enhanced requirements. A committee has been established to review training requirements, and the commissioner has also been given the power to revoke a firearms licence where the holder has failed to meet training requirements.

I fully expect a number of companies will not be able to meet the new standards, or explain why they should still be allowed access to firearms. If that is the case, they do not deserve to have the licence and they will be put out of business. There are 3,117 firearms licensed to the security industry in New South Wales, and 7,863 guards authorised to carry them. The loss of one of these guns—from registered use to the black market— is one too many. That is why many areas of this industry will be told they simply no longer qualify to be armed. We have revoked the permits of 62 security organisations in the past five years. We will step this up until we know the "soft targets" within the industry have been eliminated. We will closely monitor the implementation and effect of these reforms, and continue to strengthen the laws as required.

NEW SOUTH WALES ABORIGINAL LAND COUNCIL ADMINISTRATOR

Mr KEVIN GREENE: My question without notice is addressed to the Minister for Aboriginal Affairs. What is the Government's response to the investigation into the affairs of the New South Wales Aboriginal Land Council b y Mr Wayne Beauman?

Dr ANDREW REFSHAUGE: This Government is committed to working with Aboriginal people and for Aboriginal people. We have long supported self-determination because it is Aboriginal people who must guide the rebuilding of their communities. As custodians of the land, Aboriginal people have an understanding of country and an understanding of the environment in which they live. That is important for us all. As politicians and policy makers we must be sure to listen. Twenty years ago, with the introduction of the New South Wales Aboriginal Land Rights Bill, a Labor government established a formal voice for all Aboriginal people, setting up the New South Wales Aboriginal Land Council. Local Aboriginal land councils now represent Aboriginal communities across the State, helping to provide housing, creating employment opportunities, and ensuring the Aboriginal voice is heard at all levels of government. 5470 LEGISLATIVE ASSEMBLY 20 November 2003

An effective, efficient, and well-run land council system is critically important to the economic wellbeing of Aboriginal people in New South Wales. It is because of its importance to Aboriginal people that after a number of serious concerns were raised about the management of the council I launched a formal investigation into the council in May this year. The three-month investigation examined the efficiency and effectiveness of the State land council, its failure to adequately address significant financial and management problems, and its failure to adequately support Aboriginal communities. The investigation was completed, and the findings include a failure to maintain registers of pecuniary and external interests; continued disregard for standards of probity in relation to travel allowances; discretionary funds were not subject to predetermined guidelines; inadequate stewardship of the Statutory Investment Fund, which has been set up for future generations of Aboriginal people; lack of support for local aboriginal land councils; breach of section 157 of the Act, by failing to furnish sufficient information to allow approval of the 2002-03 and 2003-04 budgets; an inadequate complaints handling process; and significant periods where the chief executive officer position has not been permanently filled.

These findings are extremely serious and the New South Wales Aboriginal Land Council was asked to respond to each of them. I have now carefully considered the report and weighed the council's response. On balance, I now consider the appointment of an administrator, which was the overall recommendation of the investigator, to be a necessary step. As a result, the functions of the 13-member council will be taken over by an administrator. This decision has not been taken lightly; it has been made only after exhaustive and careful consideration.

Mr Brad Hazzard: Point of order: The standing orders make it very clear that when a Minister wishes to address matters of substance in the way he is, it has to be by way of ministerial statement, to give the Opposition the opportunity to address the issue as well. The Minister is answering a question so the Opposition cannot comment in the House. I ask you to direct the Minister to cease doing what he is doing, and to make a ministerial statement on what is a significant issue affecting Aboriginal people.

Mr SPEAKER: Order! I have ruled previously that the Speaker cannot direct a Minister how to answer a question.

Dr ANDREW REFSHAUGE: To protect the long-term future and effectiveness of the land council system, the New South Wales Aboriginal Land Council must be set on the right path. I have today appointed Mr Murray Chapman as administrator of the council. Mr Chapman has extensive experience in indigenous affairs having previously been general manager of the Indigenous Land Corporation and undertaking significant work with the Aboriginal and Torres Strait Islander Commission [ATSIC] and native title representative bodies in New South Wales and Victoria. Over the next 12 months Mr Chapman will put in place measures to ensure strict accountability, to lay the groundwork for dramatically improved management and to ensure the council is working towards creating a better future for Aboriginal people throughout New South Wales.

He will administer the $500 million statutory fund for New South Wales Aboriginal people; review New South Wales Aboriginal Land Council Property Management policies and practices; create a plan of management to deal with property management, corruption prevention, and employment and training; support and assist the 13 regional land councils and 122 local councils to comply with the Act; and examine measures to ensure stricter accountability. This move will give the land council administration time to establish firm policies and procedures and have in place a strong framework for its future governance under which a future, newly elected council will be able to operate.

My decision stems from my strong belief in the land council system. I am determined to ensure that the New South Wales Aboriginal Land Council is a strong and effective organisation capable of serving the Aboriginal people of this State, capable of providing the leadership they deserve. The New South Wales Aboriginal Land Council will then be in a position to fulfil one of its primary objectives, which is to improve, protect and foster the best interests of Aboriginal people in New South Wales.

CAMDEN AND CAMPBELLTOWN HOSPITALS EMERGENCY DEPARTMENTS HEALTH CARE COMPLAINTS COMMISSION REPORT

Mr WAYNE MERTON: My question is directed to the Minister for Health. Does he acknowledge that in a telephone conversation with a whistleblower nurse he said that he was horrified at what he had read in the draft Health Care Complaints Commission report, and that in response to a comment from the nurse that the board must have been aware of these deaths and must be participating in a cover-up he said, "Of course"? 20 November 2003 LEGISLATIVE ASSEMBLY 5471

Mr MORRIS IEMMA: I had a conversation with one of the nurses involved. I did say to the nurse that I was horrified, appalled. I have said that publicly a number of times. I have also said in a media statement that I am appalled at what is in the draft findings. I have said publicly, and will continue to say publicly, that I am appalled at what is in that draft report. I will also continue to say that if the final report confirms the draft report, people will be held to account where individual fault is found, and there will be a swift and decisive response. There was a discussion in relation to the board. My recollection of the conversation was that the chairman of the board had stood down for comments that he had made. I had indicated that I thought that was an entirely appropriate course of action, because I think his comments were silly and he should have stood down. The matter concerning the board will be dealt with when the final report comes down. It will be encompassed in my response to the final report.

INTERNET MEDICINE SALES

Ms LINDA BURNEY: My question is addressed to the Minister for Health. What is the Government's response to the availability of medicines over the Internet?

Mr MORRIS IEMMA: There is no doubt that the Internet has given us unprecedented access to all manner of information and services at our fingertips at any time of night or day. But this 24-hour access to almost anything almost anywhere in the world has its dangers and pitfalls. I take this opportunity to advise the House of the increasing prevalence of web sites dedicated to the sale of medicines. These sites offer a broad range of items, from vitamins to weight loss tablets and other over-the-counter medicines. They also offer prescription-only medications, from blood pressure medication to anti-inflammatories and antidepressants. All web-based pharmacies in Australia must be registered with the respective State pharmacy board and they cannot supply medication to a patient without prescription.

However, a growing number of overseas-based web sites are not subject to strict controls. They are often run by unscrupulous operators who take advantage of consumers, promise miracle cures for life- threatening conditions, and supply medications of poor quality that pose a serious health risk to unsuspecting buyers. There is no objection to this type of purchase provided the patient has visited a doctor and has a relevant prescription. But some web sites promise an online doctor's assessment, supposedly to determine what medication a patient needs and to issue an online prescription. Others do not require any prescription. For example, one web site based in the United States says:

RxMedsPlace.biz is your online pharmacy for FDA USA approved drugs through online consultation, specialising in the EXTREMELY POPULAR, yet hard to find High Level Muscle Relaxers, Pain Relief, and prescription Sleeping Aid Meds...

Similarly, the Mexican Pharmacies Online site promises:

If you do not have a prescription we will provide a free online consultation.

The US-based 4 Corners Pharmacy web site states:

There is no requirement for your prescription to be forwarded to us when purchasing medications.

The dangers of purchasing medicines in this way far outweigh any benefits of the convenience of web shopping. Put simply, buyers may not get what they ordered. They may get medicines that are not true to the label: they may be counterfeit. They may contain no active ingredients at all, they may contain other undeclared drugs, and they may be past their expiry date and may not be made in government-licensed premises. In addition, buyers may be financially disadvantaged through inappropriate charges or even credit card fraud. There is a high potential for the medication to be seized by customs on arrival into this country. Even if the medicines do not harm people directly, the medical condition of the customers may get worse without appropriate, effective treatment. A serious danger is that people may obtain prescription-only medications without first seeing a doctor, risking misdiagnosis of their condition.

Australia has a strong regulatory system to ensure that prescription medicines available in this country meet the highest possible standards. All prescription medicines must be included on the Australian Register of Therapeutic Goods before they can be sold. This is proof that the product has been tested for quality, safety and effectiveness. All products made in Australia must be manufactured in government-licensed premises that are subject to regular inspection. The message is simple: never take prescription-only medicines that have not been specifically prescribed for you by a doctor who has examined you in person. Always tell the doctor what other medicines you are taking. Never buy medicines from Internet sites that do not display a street address and 5472 LEGISLATIVE ASSEMBLY 20 November 2003 telephone number, or that offer prescription-only medication without prescription, or offer to issue a prescription online or make claims about miracle cures. People in New South Wales wishing to check the legitimacy of an Australian online pharmacy should contact the New South Wales Pharmacy Board.

VOLUNTEER COAST GUARD RESCUE COSTS

Mr STEVE CANSDELL: My question is directed to the Minister for Police. Following his recent withdrawal of a police launch from the Iluka area, how can he justify the department's refusal to reimburse the local volunteer coast guard for rescues performed at the request of the police when the department does reimburse private operators for police rescue work?

Mr JOHN WATKINS: I have not made any decision in relation to these matters. If the honourable member wants to approach me with the concerns raised in his local community I will be happy to discuss them with him.

CANCER PLAN

Ms KRISTINA KENEALLY: I address my question to the Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer). What is the latest information on the Government's progress on the State Cancer Plan?

Mr FRANK SARTOR: I thank the honourable member for her question and her passionate interest in a number of areas relating to medical research, including the State Cancer Plan. Less than six months ago this Parliament voted unanimously to create the Cancer Institute of New South Wales, which has three simple aims: to reduce the incidence of cancer, to increase the survival rate for those with cancer, and to improve the quality of life of cancer sufferers. The institute has been established expeditiously and it has hit the ground running. The board and the chief cancer officer have been appointed, premises have been established at the Australian Technology Park at Eveleigh, an executive is being assembled to support the chief cancer officer, and work has begun to establish the expert committees required to pursue the institute's aims. These committees are bringing together the top scientists, cancer specialists, nurses, and community representatives in a number of important fields.

Four statutory committees are examining cancer services throughout the State. That task will involve working parties, including one dealing with cancer services in rural areas and one dealing with radiation oncology services throughout the State and methods of improving and expediting the program. A cancer research advisory committee has also been established. A quality and clinical effectiveness committee, a cancer information committee, and an ethics committee will also be appointed. These committees comprise the leading brains, community representatives, scientists and clinicians in the State, and they are embracing the institute enthusiastically. They will draw up the State Cancer Plan, which according to the Act must be completed by 30 June next year.

The State Cancer Plan will be the State's blueprint for achieving its aims. For the plan to be a success it must reflect the experiences and knowledge of the entire community. Although we are asking our top specialists to guide the work of the institute, this is an inclusive process. Today I am issuing a public call for submissions to the State Cancer Plan. An open process will allow the public, interested organisations, patients, and their carers to help shape the plan. It will address many issues, including setting a strategic direction for cancer control in New South Wales, cancer treatment, all aspects of prevention, early detection, diagnosis, and referral. For example, the institute will develop a process for the introduction of a colo-rectal cancer screening service that the Government believes will offer a real opportunity to save lives.

The application of best practice will be transferred to every nook and cranny of medical practice in the public health system, including to radiotherapy services. The plan will address rural cancer services and research strategies. It must also address the relationship between cancer bodies here and abroad. The Cancer Institute is the tip of our spear, and I do not want to see it blunted. Research must focus on the greatest prospects of improving prevention, treatment, and survival. The institute has received outstanding support from clinical and research experts across New South Wales. I want our strategy to be as united as our clinical and scientific community has been in achieving this common goal. I want the Cancer Institute to be a robust and well- resourced organisation—an organisation committed to grassroots campaigning, education, and patient support. This is a key element of the Government's cancer plan and it was envisaged by the legislation that established the strategy. 20 November 2003 LEGISLATIVE ASSEMBLY 5473

The Cancer Institute of New South Wales and the Cancer Council are currently negotiating to establish the framework for their future relations. The roles of our cancer bodies should be unambiguous, and both bodies must be accountable. It has already been agreed that the Cancer Institute will take on the work of cancer registries that track the incidence of cancer and population research. Other roles should be complementary, not competitive. Of course, one of the key strategies is prevention. This requires us to address the issue and the effects of smoking.

I support the Cancer Council's push to make gains in smoke-free environments in pubs and clubs, and the Government has re-established the industry working party to advance that issue. There can be no doubt about the impact of smoking. I will remind the House of a number of key statistics in this area. Some 19,000 Australians die every year as a result of tobacco-related illnesses, and New South Wales has 18 tobacco-related deaths every day. However, between 1990 and 1998 there was a 30 per cent decline in the number of men who smoked, and that coincided with a 23 per cent decline in the number of men who died of lung cancer. Over the same period the number of women who died of lung cancer increased by 94 per cent. A study commissioned by the Commonwealth Government in 1998 indicated that the social cost of tobacco-related illnesses is estimated to be $21 billion per annum. The Cancer Institute has a goal.

Mr John Brogden: Were you there last Thursday?

Mr FRANK SARTOR: If the Leader of the Opposition wants to talk about the $64,000 of funding to the Liberal Party, we can play that silly game.

Mr John Brogden: Where were you?

Mr FRANK SARTOR: I was at the function and it was terrific.

Mr SPEAKER: Order! The Deputy Leader of the Opposition will come to order.

Mr FRANK SARTOR: The institute's goal is to achieve a real reduction in the incidence of smoking. The latest statistics indicate that 19 per cent of women and almost 24 per cent of men are regular smokers. We want to drive that down toward world's best practice levels, such as those in British Columbia and California, where smoking rates are as low as 16 per cent.

Mr SPEAKER: Order! I call the honourable member for Wakehurst to order.

Mr FRANK SARTOR: We can do the same. In recent days I have urged both the Cancer Council of New South Wales and the Cancer Council of Australia to pursue the issue of smoking in the community more generally than smoking in pubs and clubs. I repeat my call today for a national Quit campaign to reinject vigour into the battle against tobacco. It should be backed by substantial financial resources, bring together cancer bodies in New South Wales, Victoria, Queensland and the Commonwealth, and focus on reducing the incidence of smoking. While we are working in consultation with all stakeholders towards further gains in smoke-free environments we should not turn our backs on the main game. If we reduce the number of people who smoke, the other arguments become academic. The State Cancer Plan provides a unique opportunity for our health professionals involved in the fight against cancer.

Mr SPEAKER: Order! The member for Wakehurst will cease interjecting.

Mr FRANK SARTOR: That opportunity is to make an important contribution to the war on cancer. That contribution must be a whole-of-State, unified approach to achieve the gains that are necessary. The mortality rate from smoking in Australia is 19,000 a year. A reduction of 15 per cent or 20 per cent would be a saving of 3,000 to 4,000 lives. The issues are serious. It is important to have a unified campaign to address cancer control in this State.

I appeal to all of our clinicians and researchers who have been enthusiastic in their support of the institute and who are working well with it to submit their ideas for the State Cancer Plan. Indeed, I appeal to the community generally to put forward proposals so that on 30 June 2004 this State can go forward with a unified, comprehensive, and targeted cancer control plan that will achieve real benefits for the people of New South Wales, including the provision of best practice services throughout the State. I thank honourable members.

Mr SPEAKER: Order! The member for Lane Cove will come to order. 5474 LEGISLATIVE ASSEMBLY 20 November 2003

FORMER MACARTHUR HEALTH SERVICE CHIEF EXECUTIVE OFFICER MS JENNIFER COLLINS

Ms PETA SEATON: I direct my question to the Minister for Health. The Minister told the whistleblower nurse that according to legal advice he could not sack Jennifer Collins. However, he told her that she should relax because, in his words, "She will never run another hospital again." Why is she still working in the New South Wales health system?

Mr MORRIS IEMMA: The difference between Southwell and Collins is simple: one could be sacked and one could not.

Mr SPEAKER: Order! The Leader of the Opposition will cease interjecting. I call the Leader of the Opposition to order.

Mr MORRIS IEMMA: As I said, the difference between Southwell and Collins is quite simple: one could be sacked and one could not, on the basis of the legal position of the two. At this point in time there is no adverse finding in relation to Collins. The recommendations of the clinical review team made it very clear that change within the health service had to happen. A new management team had to be put in place, with a new approach, and to achieve that a change has taken place. The system had to change, starting with the management. Collins is out of that management. The position that Collins has gone to is not a front-line health service delivery position, nor is it running a hospital.

The important thing for the Macarthur Health Service was that I got change in the management team and its approach, directly in line with the recommendations of the clinical review team. As I have consistently said, if when the final report is handed down there is an adverse finding against an individual, no matter who it is or what position they occupy, they will be brought to account, as they should be, after due process has been exhausted. Rather than concentrate on who has been taken out, members opposite should have a look at who has been put in. The people who have been appointed are among the best clinicians and experts in this country, and they have been appointed to do what we all want to do in Macarthur: improve the quality of the health service.

Ms PETA SEATON: I ask the Minister for Health a supplementary question. Did Jennifer Collins threaten to sue if you sacked her?

Mr SPEAKER: Order! That is not a supplementary question.

MILLERS POINT HERITAGE LISTING

Mr ALAN ASHTON: My question without notice is addressed to the Minister Assisting Minister for Infrastructure and Planning (Planning Administration). What is the latest information on the proposed heritage listing of Millers Point and related issues?

Ms DIANE BEAMER: Heritage in New South Wales is more than old museums and cold sandstone buildings. It is about living history. It is about conserving and preserving reflections of our past. Heritage provides living snapshots of where we came from, our early steps as a fledgling community, and the journey that led us to today's diverse society. Heritage is local communities still enjoying the surrounds that were enjoyed by many generations gone by. A century of swimmers enjoying Wylie's Baths at Coogee is an example. More often than not, the call for heritage listing comes from the community, and the Millers Point community is one such example. Millers Point is a unique place in Australia. It is a special precinct with buildings from every decade between 1810 and 1930. It is a significant record of Australian urban life and architecture, and it is a wonderful example of living heritage in a modern city.

The preservation of Millers Point as a living New South Wales treasure has taken another step, because today I can inform members that the entire precinct has now been officially listed on the State Heritage Register. The listing was driven by the community, particularly the Millers Point Residents Action Group, who are proud of the place they call home and its history. Millers Point was developed as a port in the very early 1800s. It was home to the colonial merchant class and prominent Sydney citizens such as John Fairfax. The area was originally named Cockle Bay Point. The hill was originally known as Flagstaff Hill, then Windmill Hill, then Fort Phillip as a military lookout, and finally Observatory Hill. In 1826 ex-convict John "Jack the Miller" Leighton climbed one of his three windmills to view the harbour. Unfortunately, he was well under the weather; he was drunk as a skunk. He fell, plummeting to his death, and the place became known as Millers Point. There is something uniquely Australian about one of the best-known Sydney landmarks being named after a drunken ex-convict. 20 November 2003 LEGISLATIVE ASSEMBLY 5475

Early Millers Point was the place of pubs, prostitutes, whalers, sailors, merchants and smugglers—a maritime town with its own colourful character. In 1900 it was resumed by the Government. The Sydney Harbour Trust embarked on a pioneering public housing program. Many Irishmen were employed as waterside workers, and their descendants remain in the area today. Retaining its early street pattern, Millers Point reveals Sydney's beginnings as a small colonial town. Wonderful early buildings such as the Observatory, Lord Nelson Hotel and Garrison Church adorn an area that has changed little since 1930. Many of these buildings are already listed on the State Heritage Register. Listing the entire precinct now means that this wonderful record of Sydney's early history will be managed not on a building-by-building basis but as a single precinct. Harold Kerr of the Millers Point Residents Action Group said:

The management of the whole of the Millers Point area as a single precinct is something we have been wanting for decades.

The residents are fully committed to conserving the historic character of this area.

We believe the whole of Australia will benefit from this listing. It recognises the importance of this unique area that we are proud to call home.

The Heritage Office works in collaboration with the local community in preserving community-based heritage projects. Another important heritage project is Broken Hill's verandah reinstatement program, which is regarded as one of the best examples of the Heritage Incentives Program. The honourable member for Murray-Darling was the driving force behind the project, which restores the verandahs that line the Silver City's main streetscape. The honourable member even says that the filming of "The Adventures of Priscilla Queen of the Desert" went to Broken Hill because of the verandahs.

Questions without notice concluded.

BUILDING REGIONAL TOWNS TOUR

Ministerial Statement

Mr DAVID CAMPBELL (Keira—Minister for Regional Development, Minister for the Illawarra, and Minister for Small Business) [3.27 p.m.]: The New South Wales Government supports regional development. We provide advice to regional businesses and we help develop new export markets. We are now taking the next step: helping regional towns with booming local businesses to grow. For growing towns, finding accommodation for new workers and their families is critical. In another Carr Government first, the Government is taking companies with building expertise to regional areas where they are most needed.

Next week I will travel with the Building Regional Towns tour to Tumbarumba, Griffith and West Wyalong. Economic growth in these communities has led to a housing shortage. Indeed, as local employment opportunities continue to grow, these towns are booming. By taking Sydney-based investors to these regional towns the New South Wales Government is continuing to support regional growth. We are working with local communities and councils to support and encourage continuing growth, and we are doing it in a practical and effective way. The Building Regional Towns tour will take 16 companies interested in building houses to towns ready to welcome them with open arms. It is yet another example of the Carr Government's support for regional New South Wales.

Mr ANDREW STONER (Oxley—Leader of The Nationals) [3.28 p.m.]: The Opposition congratulates the Government on its Building Regional Towns tour initiative and welcomes the Minister's visit to Tumbarumba, Griffith and West Wyalong. Perhaps while the Minister is there he will explain to those communities some of his Government's initiatives that are hurting regional development. I instance the clubs tax, which will take in the order of $250 million out of regional New South Wales and redirect it to the Treasurer's back pocket, and it is not going to be coming back—we are talking about jobs. What about traineeships when the Minister is out there explaining to small businesses why he is taking away the exemption from workers compensation premiums and cutting an estimated 40 per cent of traineeships in the State as a result of small businesses not being willing to employ them because of the Government's policies? Why does the Minister not explain to businesses about extending stamp duty provisions for businesses that have a taxed property and why he is going to tax them more? While he is at it, the Minister might care to talk about the impending closure of grain rail lines and the threats to CountryLink services. 5476 LEGISLATIVE ASSEMBLY 20 November 2003

CONSIDERATION OF URGENT MOTIONS

Kyoto Protocol

Ms (Strathfield) [3.30 p.m.]: My motion is urgent because the protection of our environment for present and future generations should be one of our most pressing concerns. Obviously on the other side of the House it is not. It is vital, it is urgent, it is imperative that the Federal Government join with the world community and ratifies the Kyoto Protocol. We cannot afford to waste time. We cannot afford to delay. To intelligent people, ratification makes good environmental and business sense. New South Wales is already a leader in terms of greenhouse policy. Only this morning at the In Control of Carbon: Corporate Australia and Carbon Change conference the Premier said we must do all we can to reduce carbon emissions.

[Interruption]

Obviously I am getting under someone's skin. The Premier reaffirmed his commitment by announcing several carbon-reducing initiatives. Indeed, it was only last week that the Australian Local Government conference, the peak body representing about 173 councils here in New South Wales, said—

Mr SPEAKER: Order! I call the honourable member for Upper Hunter to order. I call the honourable member for The Hills to order. I call the honourable member for Baulkham Hills to order.

Mr George Souris: Point of order: If the member for Strathfield would move the motion in caucus on the clubs we would back her.

Ms Clover Moore: To the point of order: I think the Opposition's behaviour during this debate is disgraceful.

Mr SPEAKER: Order! I agree with the honourable member for Bligh, and I remind the honourable member for Upper Hunter, the honourable member for The Hills, and the honourable member for Baulkham Hills that they have been called to order for their disgraceful behaviour.

Ms VIRGINIA JUDGE: Thank you, Mr Speaker, and thank you to the member for Bligh for upholding what I thought was protocol, that is good and decent manners, in this Chamber. If we do not ratify we risk being isolated; as a nation we risk being left behind and, of course, what is left of our international reputation will be further damaged. We are the biggest per capita carbon emitters; we have a responsibility to the future, to our children, to our grandchildren, and to the rest of the world to do something about this terrible problem. It is urgent. We have a moral and ethical responsibility. Indeed, it is essential to our very survival.

Mr Donald Page: Point of order: The standing orders require the honourable member for Strathfield to establish urgency. She is not doing that; she is clearly debating the substance of the matter. I ask that she be directed to establish its urgency rather than debate whether we should be signing off on the Kyoto Protocol.

Ms Clover Moore: To the point of order: The member is putting information before the House so we can make an intelligent decision about the merits of the two motions.

Mr SPEAKER: Order! The honourable member for Strathfield should continue to show why her motion should have priority.

Ms VIRGINIA JUDGE: It is urgent. It is imperative. It is urgent to our very survival.

Macarthur Health Service Inquiry

Mr JOHN BROGDEN (Pittwater—Leader of the Opposition) [3.34 p.m.]: My motion is urgent because the Opposition is calling for an independent judicial inquiry into the ongoing incidents at the Macarthur Health Service—indeed at Campbelltown and Camden hospitals, where incidents have led to the deaths of 17 people—and other clear instances of malpractice over a long period of time. The importance and urgency of this matter relates to the Government's behaviour in the House this week: its attempt to gag me, which was successful, and the failure of the Speaker on a number of occasions to allow supplementary questions to seek more information on this matter. 20 November 2003 LEGISLATIVE ASSEMBLY 5477

Mr Milton Orkopoulos: Point of order: The Leader of the Opposition is canvassing your rulings and I ask you to call him out of order.

Mr SPEAKER: Order! I again caution the Leader of the Opposition that his presentation should deal with why his motion should have priority. He should not dwell on the substance of the motion.

Mr JOHN BROGDEN: It is urgent because the evidence presented to the House over this past week makes it extremely clear that the Health Care Complaints Commission [HCCC] can no longer be trusted as an independent agency with respect to this matter. It is urgent because Amanda Adrian, the Commissioner for the HCCC, is a personal friend of Jennifer Collins, who is clearly under investigation.

Mr Milton Orkopoulos: Point of order: I think it is immoral and against the standing orders for the Leader of the Opposition to besmirch public servants in this House.

Ms Clover Moore: To the point of order: The Leader of the Opposition is presenting information to the House so we can make an informed decision when we come to vote on urgency. Could he be heard in silence?

Mr JOHN BROGDEN: On 25 February 2003 a spokeswoman from the Health Care Complaints Commission said:

There are no findings to support any loss of confidence by the community in the Macarthur Health Service. A range of recommendations will be made when a report is released soon.

The spokeswoman said that a thorough investigation into the complaints had been made. On 25 February 2003 a spokesman for the then Minister for Health, Craig Knowles, said that the Government and the Department of Health had done everything possible to ensure the nurses' claims were investigated. It is clear and urgent now that those statements in February and the initial investigation by the HCCC were in fact completely flawed and completely incompetent. It can only come back to the fact that Amanda Adrian, who is the Health Care Complaints Commissioner, has a conflict of interest because of her clear and openly-stated relationship and friendship with Jennifer Collins. It is clear that this Parliament, this Government, needs to put in place an independent judicial inquiry so the Health Care Complaints Commission will be overridden and the inquiry can properly investigate these concerns.

This is a serious matter. The Government has sought time and time again this week to frustrate the Opposition's attempt to bring this matter to the public domain. Two days ago the Government gagged me; today it denied an opportunity for the member for Southern Highlands to raise this matter on behalf of her constituents. This matter is urgent. There could be nothing more urgent than the Government's flat refusal today, based on a very flimsy piece of legal advice, to deal with Jennifer Collins. The only reason she kept her job and the only reason she is being looked after is because she is a mate of the Minister for Health, Craig Knowles, and because she is a Labor Party mate. We need an independent judicial inquiry that will put aside—

[Interruption]

The honourable member for Monaro describes this as a summary execution. There are 17 dead people. That is very insensitive and very stupid of him. I say to him, "You have only been here a short time, Sunshine, but after you have been here a bit longer you will understand just how insensitive and stupid your comments were."

Seventeen people are not on this earth today because of malpractice and maladministration by the Macarthur Health Service under the direct leadership of Jennifer Collins. However, she still has a job because she is a Labor mate; she is one of the Labor girls and she is being looked after. She is a former Nurses Association executive member, a close friend—publicly stated and not denied—of the Health Care Complaints Commissioner. She is being looked after. The Government is covering up from top to bottom. The Minister for Health said as much in his so-called private conversation with one of the workers. [Time expired.]

Question—That the motion for urgent consideration of the honourable member for Strathfield be proceeded with—put.

The House divided. 5478 LEGISLATIVE ASSEMBLY 20 November 2003

Ayes, 50

Mr Amery Ms Hay Mr Pearce Ms Andrews Mr Hickey Mrs Perry Mr Bartlett Mr Hunter Mr Price Ms Beamer Mr Iemma Dr Refshauge Mr Black Ms Judge Ms Saliba Mr Brown Ms Keneally Mr Sartor Ms Burney Mr Knowles Mr Scully Miss Burton Mr Lynch Mr Shearan Mr Campbell Mr McLeay Mr Stewart Mr Collier Ms Meagher Mr Tripodi Mr Corrigan Ms Megarrity Mr Watkins Mr Crittenden Mr Mills Mr West Ms D'Amore Mr Morris Mr Whan Mr Debus Mr Newell Mr Yeadon Mr Gaudry Ms Nori Tellers, Mr Gibson Mr Orkopoulos Mr Ashton Mr Greene Mrs Paluzzano Mr Martin

Noes, 37

Mr Aplin Mrs Hopwood Ms Seaton Mr Armstrong Mr Humpherson Mrs Skinner Mr Barr Mr Kerr Mr Slack-Smith Ms Berejiklian Mr McGrane Mr Souris Mr Brogden Mr Merton Mr Stoner Mr Cansdell Ms Moore Mr Tink Mr Constance Mr Oakeshott Mr Torbay Mr Debnam Mr O'Farrell Mr J. H. Turner Mr Draper Mr Page Mr R. W. Turner Mr Fraser Mr Piccoli Mrs Hancock Mr Pringle Tellers, Mr Hartcher Mr Richardson Mr George Mr Hazzard Mr Roberts Mr Maguire

Pair

Ms Gadiel Ms Hodgkinson

Question resolved in the affirmative.

KYOTO PROTOCOL

Urgent Motion

Ms VIRGINIA JUDGE (Strathfield) [3.50 p.m.]: I move:

That this House:

(1) condemns the Federal Government for failing to ratify the Kyoto Protocol ;

(2) notes the New South Wales Government has expressed its support for the protocol; and

(3) further notes that Local Government Association has recognised efforts by the State Government to conserve native vegetation and reduce greenhouse gas emissions.

The Kyoto Protocol is a significant multilateral treaty that is intended to provide a framework to reduce global growth in greenhouse gas emissions. It is an important step towards a global response to climate change. The protocol establishes emission reduction targets for developed countries for the period 2008 to 2012. Targets for the period beyond 2012 are yet to be negotiated by the international community. If Australia does not ratify the current protocol, it will not be eligible to participate formally in the negotiations on a new agreement and its 20 November 2003 LEGISLATIVE ASSEMBLY 5479 capacity to influence the outcome will, therefore, be negligible. As at 29 September 2003, 119 countries have ratified the protocol. The greenhouse effect has the potential to impact on almost every aspect of our daily lives. According to CSIRO projections, most of Australia may warm 0.4 degrees centigrade to 2.0 degrees centigrade by 2030, and 1.0 degree centigrade to 6.0 degrees centigrade by 2070. This is likely to result in more evaporation, more hot days and fewer cold days. Annual rainfall generally will decrease in the south and east, while some inland and eastern coastal areas may experience wetter summers. Extreme rainfall and tropical cyclones may become more intense.

Each of the three spheres of government can make an important contribution to the reduction of greenhouse gas emissions. In New South Wales important action is being taken at the State and local levels. "Think global and act local" is a motto that suits greenhouse action. Climate change is a global issue that requires a local response. The effects of climate change will be felt throughout the world, but it is the cumulative impacts of local co-ordinated actions that will lead to effective emission reductions. Already, many councils throughout New South Wales have shown their commitment to reducing greenhouse gas emissions through local initiatives, for example, participation in Sustainable Energy Development Authority [SEDA] programs, as well as membership of Cities for Climate Protection. Cities for Climate Protection is delivered by the International Council for Local Environmental Initiatives in collaboration with the Australian Greenhouse Office. I might say more about that later.

SEDA, through the Energy Smart Homes Program, has been working with councils throughout the State to minimise the impact that new residential developments have on our environment. Thanks to SEDA, 80 per cent of development applications in New South Wales are processed according to energy smart policy. Some 60 New South Wales councils have signed up, including Strathfield council and Ashfield council in my electorate. Strathfield council has also joined the other 52 councils in New South Wales that have signed up to the greenhouse friendly hot water component of the plan. Strathfield council has taken this a step further and is currently developing a sustainability action plan that includes a greenhouse action subset. This year the council has also been successful in obtaining an environmental planning and assessment clean air grant to fund a transport access guide and bicycle racks. Strathfield also has a prolific tree planting program—more than 35,000 trees, shrubs and ground covers have been planted this calendar year.

The commitment by councils to reducing greenhouse gas emissions is further evidenced by the motion passed at the Local Government Association conference last week, which called on the Federal Government to ratify the Kyoto Protocol. While the Commonwealth Government has been refusing to sign up to the Kyoto Protocol, the New South Wales Carr Government has introduced a number of initiatives towards Kyoto targets. Here are but a few. The largest source of Australia's greenhouse gas emissions is electricity generation; it accounted for 33 per cent or one-third of emissions in 2000. Late last year the Government amended legislation to introduce the world's first mandatory greenhouse reduction scheme for energy traders. This legislation forces electricity retailers in New South Wales to reduce greenhouse gas emissions or incur a penalty.

New benchmarks in reducing greenhouse gas emissions have now been set in legislation. Emissions must be cut by 5 per cent on 1998-99 levels by 2007, and must remain at the reduced level until at least 2012. A key element of this new scheme of mandatory greenhouse gas reductions is a scheme that gives legal property right to greenhouse reductions. Abatement certificates will be issued for achieving reductions, investing in low emission generators and managing demand. These certificates can be traded, which will provide incentives to reduce emissions. Under this regime, I am advised that we can expect greenhouse gas emissions to be cut by 127 million tonnes over the next 10 years. In addition, the Government has committed to capping coal-fired generation at current levels—there will be no expansion on coal generating activity.

Since 1995 the Government has provided more than $81 million in funding to the Sustainable Energy Development Authority. I am proud to advise the House that this morning the Premier announced that he will be writing to each of his State colleagues calling for their support in developing a proposal for a national carbon emissions trading scheme. What a great initiative! The Premier also announced the new $6 million a year greenhouse innovation fund to initiate private sector or public sector activities to achieve further greenhouse gas reductions. With local and State governments offering a veritable wealth of greenhouse gas reduction initiatives, what has the Federal Government done in this area? Zero! Australia is the highest per capita greenhouse polluter in the developed world. But on World Environment Day 2000 the Prime Minister, John Howard, announced that his Government would not ratify the Kyoto Protocol. The Australian public does not support this decision.

A Greenpeace commissioned poll in 2002 showed that 71 per cent of Australians believe that it would be in Australia's interests to ratify the Kyoto Protocol, while only 17 per cent agree with the Prime Minister. The 5480 LEGISLATIVE ASSEMBLY 20 November 2003

Prime Minister seems to want to ignore the greenhouse effect for now. He has put it in the too-hard basket. The Liberal Party would prefer that we did not get caught up in complicated issues; it might involve making some hard decisions. It seems to think that if we try hard enough we can convince people that we are still in the 1950s with no greenhouse problems to think about. They tell us that Kyoto is bad for the economy. But this argument has been roundly dismissed. The Government's own analysis shows that over the next 10 years Australia would be better off if it ratified the protocol. The details of emissions control beyond 2012 have not yet been negotiated, so I cannot see any substance in the claims that we would be worse off after that time. Indeed, if we do not ratify the protocol we will not even be able to take part in negotiations post 2012. We will be left on the sidelines, looking on while the rest of the world makes a commitment to the planet's future.

The Federal Government's refusal to ratify the Kyoto Protocol means that the economy will miss out on emissions trading and the dynamic new global market in clean, renewable energy innovations. This will result in exclusion from business opportunities created by the Kyoto Protocol that are available to most of Australia's current trading partners. Essentially, Australia will be left behind and on the sidelines. Obviously, John Howard is quite happy with that. We are certainly not. As the biggest greenhouse gas producers we are saying, "No, we will not join the rest of the developed world in mounting a unified attack on this urgent environmental threat." We must join in this attack, and we must ratify the Kyoto Protocol. Instead, the Prime Minister is happy for us to cower in the corner behind America, which has also refused to ratify the protocol.

What will we say to these countries? That we can only trade with parts of the world that are Kyoto compliant? The opinion that Kyoto is affordable has been backed by 270 of the nation's academic economists, including 44 professors. In a public statement they said that, if handled properly, joining the rest of the world to begin cutting greenhouse gas emissions would be in our best economic interests, and they called on the Federal Government to ratify without delay. I extend this invitation to Opposition members: We should send a united message from this House to Canberra. I call on the Leader of the Opposition to act in the economic and environmental interests of the people of New South Wales and to support this urgent motion. For the sake of the future inhabitants of New South Wales and Australia, the Federal Government should do the right thing by the people of this country and ratify the Kyoto Protocol. This country's international reputation is going down the gurgler as a result of John Howard's stance. The New South Wales Labor Government is prepared to make the hard decisions. We are prepared to show the people of this country that there is a difference between Labor and the Coalition, and this is clearly one of them. Ratify without delay!

Mr MICHAEL RICHARDSON (The Hills) [4.00 p.m.]: What an extraordinary performance from the honourable member for Strathfield! We are becoming used to her extraordinary performances. She has come in here with some notes prepared for her, no doubt, by the Premier's Department or maybe by the Minister for Energy and Utilities. The Coalition and the Howard Government take the greenhouse issue very seriously. The real issue is not ratifying the Kyoto Protocol. Action speaks louder than a piece of paper. The real issue is addressing the root causes of greenhouse gas emissions and global warming. I was interested to hear the honourable member for Strathfield talk about the notion that the Liberal Party was still rooted in the 1950s with no greenhouse problems. That shows how poorly she understands this issue. If she had any knowledge that was not fed to her by the Minister for Energy and Utilities, or whoever else gave her those speaking notes, she would understand that greenhouse gases have been building slowly in the earth's atmosphere since the beginning of the Industrial Revolution—not since the 1950s. This is not something new. Does the honourable member for Strathfield know that Swedish chemist Svante Arrenhius was the first to point out the warming effects of increased carbon dioxide in the atmosphere in 1896? I would not expect the honourable member for Strathfield to know that. The Commonwealth Government takes greenhouse gas emissions and global warming very seriously.

Mr Milton Orkopoulos: How?

Mr MICHAEL RICHARDSON: There is a little thing called the Australian Greenhouse Office, an arm of Environment Australia. The Australian Greenhouse Office is doing an enormous amount to reduce our greenhouse gas emissions and to keep us on track with our Kyoto targets. We are meeting all of our Kyoto targets. The honourable member for Strathfield did not refer to this, but does she know what the Kyoto targets are? Can the honourable member tell us what the targets are? It is her motion. Can she tell us what targets Australia should be meeting? Dead silence—I thought so! She does not know what she is talking about; she is just reading the Minister's notes. Under Kyoto, Australia would be held to an 8 per cent increase in greenhouse gas emissions by 2008 over the 1990 levels. That compares with a 5 per cent decrease for most of the rest of the developed world. Why is it so? It is because countries in Europe have static populations. Most European countries have zero population growth or a declining population. It is also in recognition of the fact that in Australia fossil fuels provide 94 per cent of our energy needs. 20 November 2003 LEGISLATIVE ASSEMBLY 5481

When the honourable member for Strathfield was moving this motion I heard some interjections in jest about nuclear power. In Germany, France and Britain nuclear power forms a major proportion of their electricity generating capacity. One of the big issues in Germany right now is the fact that the current Government has committed itself to closing down all of its nuclear generating capacity within 20 years. There is an enormous amount of concern about that because people are saying that decision will create millions of extra tonnes of greenhouse gases. Other issues the Commonwealth Government has taken into account are that our population is expected to grow by more than 30 per cent between 1990 and 2020; that about 20 per cent of our greenhouse gas emissions are embodied in our exports; and that so much of our electricity is being generated by burning coal. That gives us a comparative advantage vis-a-vis the rest of the world. Australia is a developed country but remote from its markets. It does not have a large population, and that comparative advantage is important to us.

They are among the reasons that the Kyoto targets are significantly higher for us than they are for the rest of the developed world. As I said, we have met all of our Kyoto targets and will continue to do so. But to make a real difference to global warming, we are not talking about a 5 per cent reduction, a 10 per cent reduction or a 20 per cent reduction; we are talking about having to reduce greenhouse gas emissions by 50 per cent across the whole world to stabilise carbon dioxide and other greenhouse gases in the earth's atmosphere. Even then, those gases will continue in the earth's atmosphere for about 200 years. I do not see anything in what the Carr Government has done recently that will reduce our greenhouse gas emissions by 50 per cent. One-third of our greenhouse gas emissions are created by burning coal in coal-fired power stations. What is the Government doing about that important issue? I can tell honourable members, because I have a press release from the Premier, released today. This morning he made a speech to a group of business people at a conference called "In Control of Carbon: Corporate Australia and a Carbon Change". He made some significant announcements:

A new $6 million a year greenhouse innovation fund to initiate private sector activities to achieve further greenhouse gas reductions.

He has passed the buck. Thirty-three per cent of greenhouse gas emissions in this State are being generated by coal-fired power stations, and he has passed the buck. He says it is all down to the private sector. He has also integrated the Sustainable Energy Development Authority into the Department of Energy and Utilities. That is going to make a huge difference! I move:

That the motion be amended by deleting all words after "this House" and inserting instead:

(1) notes the Government's clumsy attempt to shift the onus for reducing greenhouse gas emissions in New South Wales to the private sector when State-owned power stations are responsible for one-third of the State's greenhouse gas emissions;

(2) condemns the Government for failing to reduce greenhouse gas emissions from the State's major power generators to any significant extent; and

(3) notes the recent criticisms by the Local Government Association of the Government's native vegetation legislation.

I will be interested to hear what the honourable member for Strathfield has to say about that amendment when she exercises her right of reply. What do we need to do to reduce greenhouse gas emissions? Clearly, we need to look at further incentives to install renewable energy sources. The Government currently only has six alternative fuel power stations that produce more than five megawatts. That is, 192 megawatts of power are being produced, compared with a total installed generating capacity in New South Wales, excluding the Snowy, of around 12,700 megawatts. That is simply not good enough. In Denmark, 20 per cent of its electricity is being generated by wind generators. In Germany there are incentives for installing wind turbines, which the German people now call the new asparagus. They can be found alongside any autobahn. The Government could be taking some genuine initiatives—not the bicycle racks that the honourable member for Strathfield mentioned were going in in her local government area—but it will not make an impact on our greenhouse gas emissions until it attacks the core sources and genuinely attacks the root cause of the problem: coal-fired power stations. Improved public transport would get cars off the road, but we know how appalling this Government's record is on public transport. This Government could be taking some real initiatives, and for that reason I oppose the motion and commend my amendment to the House. [Time Expired.]

Mrs KARYN PALUZZANO (Penrith) [4.10 p.m.]: I commend this urgent motion to honourable members. The Kyoto Protocol is one of the most significant world environmental initiatives that we have seen. The Federal Government decision not to ratify the agreement because of its fear of upsetting some of its business mates is a national embarrassment. As Premier Carr noted in his speech in this place on 19 September 2002, Australia stands to lose enormously from global warming. He said: 5482 LEGISLATIVE ASSEMBLY 20 November 2003

The driest continent on earth is the environmentally most vulnerable continent on earth. Global warming would shrivel water flows in the Murray-Darling Basin, reducing them by up to 20 per cent by 2030. It would see arable land withdrawn from production. This battered, degraded continent of ours stands to lose as much as most countries in the world.

Dealing with climate change will be one of the greatest environmental challenges facing the world in the next 50 years. Acknowledging the problem is only the first step; the most important is ensuring that the conditions of the Kyoto Protocol are met. To date the Federal Government has shown an unwillingness to deal with this issue. It has borrowed its rationale for not supporting the protocol from the Americans, who have 5 per cent of the world's population but contribute 30 per cent of all greenhouse gases released into the atmosphere. Fortunately, some people are interested in providing a sustainable future for people not only in Australia but throughout the world. As a councillor on Penrith City Council I am particularly proud of the council's initiatives towards sustainability through the Sustainable Penrith Strategy. In adopting this strategy the council has realised that protecting our environment is not just a job for the environmentalists but should be part of a wider community movement to plan and act for a sustainable future.

In the last two years Penrith City Council has undertaken a number of important initiatives to promote greater environmental sustainability such as signing an energy performance contract. It has trialled alternative fuel vehicles and adopted the Thyer method, which gives value to the tree canopy, as a component of its landscape development control plan. It has held sustainable community forums, it has adopted energy smart housing strategies in its development control plan, and it holds Enviro Adventure for local schools on World Environment Day.

Other projects have included the installing of energy-efficient lighting in local parks, holding the Solar Splash to increase public knowledge of the environmentally friendly initiatives, and forming partnerships with the University of Western Sydney and the University of Sydney to study the introduction of freshwater mussels into Penrith Lakes. Penrith City Council has pledged to reduce greenhouse emissions by 25 per cent by the year 2010. The purchase of the Toyota Prius is just one way to achieve that goal. The Prius uses 50 per cent less petrol than a normal car and puts 80 per cent fewer greenhouse emissions into the atmosphere. Penrith council also acknowledges that there is more to be done. It has also investigated the possibility of adopting carbon trading. I requested the council to report on the potential uses of carbon trading in Australia, and it did so earlier this year. This practice recognises that it is easier to reduce emissions in some areas than others and allows those industries that find it difficult to reduce them to obtain credits. Carbon accounts for more than 80 per cent of the greenhouse gases from developed countries. Therefore, any scheme that reduces the amount of carbon being released is a step in the right direction. That report raised awareness.

I also have great pleasure in announcing that on 30 October 2003 Penrith City Council was announced as the overall winner of the local sustainability category. The awards were started in 1998 by the Local Government Association and the Shires Association to recognise the outstanding achievements by local councils in protecting the environment. Make no mistake, the Howard Government's decision not to ratify the Kyoto Protocol, which makes it a legal obligation to reduce greenhouse gas emissions, is endangering our way of life. I refer again to the words of the Premier on 19 September 2002, when he said that we stand to lose enormously. I will finish my speech with a quote:

The Kyoto Protocol is a major step forward. It is an agreement which provides the framework for environmentally effective, equitable and durable action to address climate change.

Who said that? It was not the United Nations, it was not Greenpeace, it was not a Penrith city councillor, and it was not even an Australian Labor Party member of Parliament. It was one of Prime Minister Howard's closest advisers, the Federal foreign affairs Minister, the Hon. Alexander Downer— someone who should ratify the agreement but does not have the bottle to do so.

Pursuant to sessional orders debate interrupted.

COMMITTEE ON THE OFFICE OF THE VALUER-GENERAL

Membership

Motion, by leave, by Mr Carl Scully agreed to:

(1) That, in accordance with section 86 (1) (b) of the Valuation of Land Act 1916, the following members of the Legislative Assembly be appointed to serve on the Committee on the Office of the Valuer-General:

Ms Berejiklian Mr McGrane Mr Shearan.

(2) That a message be sent acquainting the Legislative Council of the resolution. 20 November 2003 LEGISLATIVE ASSEMBLY 5483

JOINT SELECT COMMITTEE INTO THE TRANSPORTATION AND STORAGE OF NUCLEAR WASTE

Reporting Date

Motion, by leave, by Mr Carl Scully agreed to:

(1) That the reporting date of the Joint Select Committee into the Transportation and Storage of Nuclear Waste be extended to 17 February 2004.

(2) That a message be sent to the Legislative Council requesting its concurrence with the extended reporting date.

PRINTING OF PAPERS

Motion, by leave, by Mr Carl Scully agreed to:

That the following papers be printed:

Report entitled "New South Wales Aboriginal Land Council Response to Investigator's Report", dated 15 October 2003. Report of the Environment Protection Authority for the year ended 30 June 2003. Report of the Environmental Trust for the year ended 30 June 2003. Report of the Office of the Protective Commissioner for the year ended 30 June 2003. Report of the Lord Howe Island Board for the year ended 30 June 2003. Report of the Sydney Catchment Authority for the year ended 30 June 2003. Report of SafeFood Production New South Wales for the year ended 30 June 2003. Report of the Department of Mineral Resources for the year ended 30 June 2003. Report of the Coal Compensation Board for the year ended 30 June 2003. Report of the Mine Subsidence Board for the year ended 30 June 2003. Report of the Legislation Review Committee entitled "Legislation Review Digest No 6 of 2003", dated 18 November 2003. Report of the National Parks and Wildlife Service for the year ended 30 June 2003. Report of Resource NSW for the year ended 30 June 2003. Government’s Response to the Independent Review of the Crimes (Forensic Procedures) Act 2000. Report of the Mental Health Review Tribunal for 2002. Report of the Community Relations Commission for the year ended 30 June 2003 Report of the Election Funding Authority for the year ended 30 June 2003 Report of the State Electoral Office for the year ended 30 June 2003 Report of Harness Racing NSW for the year ended 30 June 2003. Report of the Anti-Discrimination Board for the year ended 30 June 2003 Report of the Community Justice Centres Council for the year ended 30 June 2003 Report of the Judicial Commission of New South Wales for the year ended 30 June 2003 Report of the Office of the Legal Services Commissioner for year ended 30 June 2003 Report of the Office of the Director of Public Prosecutions for the year ended 30 June 2003 Report of the Victims Compensation Tribunal for the year ended 30 June 2003. Report of New South Wales Health Foundation for the year ended 30 June 2003. Report of the Animal Research Review Panel for the year ended 30 June 2002 Report of the Rice Marketing Board for the year ended 30 June 2003 Report of the Murray Valley Wine Grape Industry Development Committee for the year ended 30 June 2003 Report of the Department of Agriculture for the year ended 30 June 2003 Report of the Riverina Citrus Committee for the year ended 30 June 2003 Report of the Heritage Council of NSW and the Heritage Office for the year ended 30 June 2003 Report of the Department of Juvenile Justice for the year ended 30 June 2003.

SPECIAL ADJOURNMENT

Motion by Mr Carl Scully agreed to:

That the House at its rising this day do adjourn until Tuesday 2 December 2003 at 2.15 p.m.

BUSINESS OF THE HOUSE

Private Members' Statements: Suspension of Standing and Sessional Orders

Motion by Mr Carl Scully agreed to:

That standing and sessional orders be suspended to allow up to 18 private members' statements to be taken at this sitting. 5484 LEGISLATIVE ASSEMBLY 20 November 2003

PRIVATE MEMBERS' STATEMENTS ______

NORAH HEAD CENTENARY

Mr PAUL CRITTENDEN (Wyong) [4.18 p.m.]: It is my pleasant duty to inform the House that the centenary of the Norah Head Lighthouse was celebrated last Saturday, 15 November 2003. The lighthouse was constructed in the tradition of colonial architect Francis Greenway, although it was built 87 years after he designed our first lighthouse on the southern entrance to Sydney Harbour. Originally a vaporised kerosene burner and mantle generated the Norah Head beam. Remarkably, the lens floated in a bath of mercury to ease friction and the light was turned mechanically using a system of weights not unlike the mechanism of a grandfather clock. In 1955, more than 50 years after the lighthouse commenced operating, the mercury, then worth more than £1 an ounce, was valued at a total of £15,000. Yet the lighthouse cost only £19,000 to build in total. It stands 27 metres above ground level.

The original Norah Head light emitted 438,000 candlepower, and in clear weather it could be seen 18 nautical miles out to sea. In 1923 the light was upgraded to a Ford-Schmidt kerosene burner that increased its brilliance to 700,000 candlepower. In 1961 the lighthouse underwent a big change when the kerosene burner was removed in favour of a lamp operated by mains electricity. The original crystal lens was retained, but the power of the light was increased to one million candlepower. In 1995, the lighthouse was fully automated and today's beam of light is provided by a 1,000 watt, 120 volt tungsten halogen lamp which flashes every 15 seconds and can be seen 26 nautical miles, or 40 kilometres, out to sea.

The lighthouse was the focus of the centenary celebrations but, more importantly, it provided a warm welcome to seafarers. The lighthouse was operated by a until 1995. As I pointed out in my speech on Saturday, the celebration honoured not only the lighthouse but also the vibrant and active Norah Head community. Bert Taylor, the president of Norah Head Ratepayers, Residents and Coastcare Association Inc., was directing traffic because of the number of people who attended the celebration, including those who were transported in the bowling club's courtesy bus so that they could ascend the 27-metre tower. I had a pleasure of making that climb in 1997. It was great that the lighthouse was open to the public and I hope it happens again.

Other groups at the function that deserve special mention are the bush regeneration group that is associated with the residents and ratepayers association, the Wyong Lions Club, which was represented by Noel Walsh, the Toukley Lions Club, which organised the barbeque—as it usually does at community events—and the Norah Head search and rescue group. Chad Millington, the president of the Surfboard Riders Association presented the trust with vouchers for a microwave oven, a washing machine and a barbeque for the head keeper's cottage, which will be done up for short-term rental. It was great to have so many disparate groups involved in this important project. It was one of the highlights of the year for me and for many other people, not only from the Wyong electorate but also from throughout the Central Coast.

I commend all who were involved in the function, especially the President of the Norah Head Lighthouse Trust, Peter Morris, who is the former Federal member for Shortland, Sue Duncan, Ann Bokkerink, and Bill Alexander and Lindsay Secomb, who are trust members. My good friend and colleague the Minister for the Central Coast announced some good news and handed over a cheque for $79,000 to help with the cost of maintaining the lighthouse. He also announced two further appointments to the trust: Ralph Peters, a well- known identity in Norah Head, and Bob Russell, whom I have not had the pleasure of meeting and who lives in a new part of the electorate. I am sure both gentlemen will make a valuable contribution to the trust, as have the previous members.

CRONULLA ELECTORATE TRAFFIC CONGESTION

Mr MALCOLM KERR (Cronulla) [4.23 p.m.]: I congratulate the honourable member for Wyong on his timeless contribution. I want to speak about motoring in my electorate.

Mr Paul Crittenden: Have bus, will travel!

Mr MALCOLM KERR: Bus, car or bike. It does not matter what form of transport is used, people travelling in Cronulla will experience a great deal of difficulty because of road congestion. I have mentioned this issue on numerous occasions in this House. When the honourable member for Wyong admires my advertisement on the back of buses, which he does frequently—it is probably the only thing that brings him to 20 November 2003 LEGISLATIVE ASSEMBLY 5485

Cronulla—he will make slow progress and have trouble finding a parking space. In 1990 I obtained a $20,000 grant from Bruce Baird, the then Minister for Transport, to study the parking and traffic problems in the area, particularly in Cronulla. I would like to know what action the Sutherland Shire Council is taking to address those traffic problems. Cronulla is in gridlock and it requires urgent action, action that should have been taken years ago. I call on the council to release its plans to reduce congestion and increase parking facilities.

The honourable member for Heathcote mentioned Councillor Tracie Sonda, the Deputy Mayor. Some years ago the St George and Sutherland Shire Leader ran a photograph of her with Councillor Spencer accompanying an article stating that an overpass would be constructed from the Rydges Hotel. Years later nothing has been done. The honourable member for Heathcote indicates that he has not seen any work on the project. The overpass would provide better pedestrian access, but it is not the solution. My electorate and other electorates have a diversity of speed limits. That is dangerous. The limits go from 70 kilometres an hour, to 40 kilometres an hour, to 50 kilometres an hour and so on. Constant speed changes force people to look at signs and at their speedometer. In the process they take their eyes off the road, and that increases the potential for accidents. I receive a constant stream of complaints from constituents about speed cameras. They tell me that often they have been fined when there has been no actual or potential danger. They are suggesting that speed cameras are simply revenue raisers. I hope that is not correct. Nevertheless, that is the view being put to me.

Miss CHERIE BURTON (Kogarah—Parliamentary Secretary) [4.28 p.m.]: The Government totally rejects the notion that speed cameras are revenue raisers. They save lives. The community supports that sort of initiative. Motorists travelling at the correct speed have nothing to worry about. To insinuate or to believe that the use of speed cameras is a revenue-raising exercise is abhorrent. I am happy to take the honourable member's comments about the changes in speed limits to the Minister if he makes a formal representation.

COLEDALE CENTENARY

Mr PAUL McLEAY (Heathcote) [4.28 p.m.]: I inform the House of a birthday: the centenary of the village of Coledale. The village was founded in the early 1900s on the back of the Illawarra coalmining industry. The industry has strengthened and supported the Illawarra community and provided a start for young families. It has been a long, hard slog for many families and the risks involved in mining have brought them together. That is why so many people joined in the celebration of the village's centenary.

While coalmining is long gone from the immediate escarpment of Coledale, the people of this community still have their roots and connections with the coalmining industry. On 30 March 1912 Coledale Public School was officially opened and had three teachers and 147 students. The school has gone from strength to strength, and I have had the pleasure of working with the principal and parents and citizens association on State matters. Nestled amongst the beautiful surrounds of the escarpment and at the edge of the sea, Coledale is a most pristine place to live. The beach has always been a major part of the lives of people who live in Coledale. In 1913 the first surf-lifesaving patrol was established. Due to the town's amazing surroundings the village has changed significantly since it was founded. Tourism has been the major source of employment, drawing on the high trade of Lawrence Hargrave Drive.

Lawrence Hargrave Drive is an important link for business and the Coledale community, and I acknowledge concerns regarding its safety and subsequent closure. Last week Minister Carl Scully announced that a team of three specialists will work with the Roads and Traffic Authority [RTA] to repair and restore the road. On previous occasions I have informed the House that the Carr Labor Government has committed $40 million to repair the road and make it safe for generations to come. We have also dedicated to Coledale a $2 million community fund, the distribution of which will be assisted by advice from a community committee that is soon to be announced. The committee process was advertised widely and the community was encouraged to nominate for membership. The committee will be guided by advice from a survey that the RTA commissioned the Illawarra Regional Information Service to conduct. That survey will assess the impact of the temporary road closure on the community and local business.

The State Government is also delivering other commitments to Coledale, including the $5.1 million upgrade of Coledale hospital, which was established by coalminers as a small cottage hospital but will now be a major rehabilitation hospital for our local community. Coledale Public School has just received $1,705 for new fencing under the Government's Replacement Works Program. I am also working hard to ensure that the school receives funding under the joint funding program for an outdoor shade shelter. Last Sunday week I had the privilege of addressing the Coledale community at the Coledale Senior Citizens Centre. Many long-time residents were presented with flowers or, if they were over 80 years of age, a bottle of port. I was also honoured 5486 LEGISLATIVE ASSEMBLY 20 November 2003 to walk in the parade with the Minister for the Illawarra, together with Coledale residents, community representatives and local activists.

The parade was led by Kerryn McCann, who, I am sure all honourable members would be aware, won a gold medal at the Commonwealth Games in Manchester and represented Australia in the women's marathon at the Sydney 2000 Olympics. Other exciting activities and displays on the weekend included various concerts, such as folk and opera, a bush dance, surfing activities, historical memorabilia, photographs, and displays by the students of Coledale Public School. The popular art and history trail was also a feature of the weekend. It was an opportunity for residents and former residents, and anyone with any connection to Coledale, to catch up and share a yarn.

Special acknowledgement must go to Gary Turner, Lorraine Beattie, Jan Merrick, and all the team at the Coledale Centenary Committee, who did a splendid job organising the event. One of the highlights was the recording of the oral history and reflections of Coledale. I also had the pleasure of talking to some people with long connections to Coledale, including Beryl Reid, nee Millen, and Merle Harris, nee Millen, who both grew up on Lawrence Hargrave Drive. Merle had three girls, one of whom was named Edna, and they grew up in Northcote Street. Edna later married Dave, that is, the Hon. David Campbell, the Minister for the Illawarra. The majority of the Millen extended family was there to celebrate with old friends and new. On behalf of the Premier I presented the village with a New South Wales State flag and a certificate signed by the Premier to honour the occasion. Congratulations, Coledale, on your 100th birthday. I am sure everybody enjoyed the weekend.

Miss CHERIE BURTON (Kogarah—Parliamentary Secretary) [4.33 p.m.]: On behalf of the Government I congratulate Coledale on its 100th birthday. It sounds as though the Coledale community celebrated in great style. I thank the volunteers who organised the special community events and reflected on the history of such a wonderful town. I have been to Coledale many times on a Sunday afternoon for a steak and a beer, and I have also holidayed there. It is an absolutely beautiful part of the world. I commend the honourable member for Heathcote for his hard work and commitment to his local community, which he has once again demonstrated by bringing the 100th birthday of Coledale to the House's attention.

LOCAL COUNCIL AMALGAMATIONS

Ms KATRINA HODGKINSON (Burrinjuck) [4.34 p.m.]: I bring to the attention of the House the regional review conducted recently by Emeritus Professor Maurice Daly of the Australian Capital Territory region. On 18 November the Minister for Rural Affairs, and Minister for Local Government issued a press release in which he announced that he had referred proposals for boundary changes in the Australian Capital Territory region to the independent Boundaries Commission. The proposals included a Southern Region Council—which affects the current boundaries of the shires of Crookwell, Goulburn City, Mulwaree and Yass—and a Capital City Regional Council, which affects the shires of Cooma-Monaro, Gunning, Mulwaree, Queanbeyan City, Tallaganda, Tumut, Yarrowlumla and Yass.

The proposals have been met with absolute hostility in my electorate. I have spent much of this week on the telephone talking to councillors from my electorate about their views on the proposed merger. Many constituents have also phoned me, and I have phoned several people to seek their views. The creation of two mega councils in the Australian Capital Territory region will now go to the Boundaries Commission for consideration. The proposals would result in 11 town councils being swallowed up into a corporate style of regional government. One wonders how Professor Daly could have arrived at such a proposal, given that when he conducted the regional reviews thousands of people turned up at the meetings to express their disgust at the idea of mega councils. Councils do not object to voluntary amalgamations if they are fully consulted and some sort of a postal vote or referendum takes place. But forced amalgamations thrust on councils within months of a State election, with the Government swearing black and blue that there would be no forced amalgamations, is just not on.

On 19 March, just a week before the State election, the Premier told the Goulburn Post that Labor had no plans to change its policy of no forced amalgamations. The Premier went on to say, "We have no plans for wholesale rationalisation of councils." At a public meeting attended by all candidates for the seat of Burrinjuck the Labor candidate stated unequivocally that there would be no forced amalgamations if Labor won the election. The Premier must now pull his Minister, the Hon. Tony Kelly, into line and stand by his word. The Government simply cannot incite such anxiety in local communities, who now fear for their identity. The Local Government Act 1993 clearly states that before any amalgamations can be approved a number of factors must 20 November 2003 LEGISLATIVE ASSEMBLY 5487 be considered, including the public interests of the areas concerned. That certainly has not happened on this occasion. I received an email from the Yass Tribune that reads:

A public meeting is being held in Yass on Thursday, November 27 to enable Yass shire residents to voice their opinions on State Government proposals which will dismember the Shire of Yass and divide the Shire functions between Goulburn and Queanbeyan …

Yass Mayor Nic Carmody says the consequences for Yass will be job losses, reduced services both for town and country residents and economic downturn, dilution and therefore the loss of representation.

The proposal is reminiscent of the Wran Government's merger of municipalities and shires, which resulted in a widespread reduction in services and effective representation for shire residents.

Cr. Carmody says that to dismember one of the State's great agricultural districts, the home of fine wool, in this casual way will reduce Yass and its surrounds to the status of a dormitory suburb for the Canberra Public Service.

If the Government allows these proposals to proceed, it can expect a widespread uprising of country people. On 20 November I received a press release from Queanbeyan City Council that reads:

A proposal that would see the amalgamation of Queanbeyan, Tallaganda, parts of Yarrowlumla, Yass, Mulwaree, Gunning and Cooma-Monaro Shire Council has been received with considerable scepticism by the Queanbeyan City Mayor, Cr Frank Pangallo.

Cr Pangallo said "that the proposal by Professor Daly was not expected and would have serious consequences for the delivery of Local Government to the residents of Queanbeyan." He said "that he believed that the area was far too large with no community of interest with some parts of the proposal."

I have received correspondence from Les Hart, the mayor of Tallaganda Shire, expressing grave concerns about the future of Braidwood under the Government's proposals. I have also received correspondence from Nic Carmody, the mayor of Yass Shire, Lawrie Willett, the mayor of Gunning Shire, Paul Stephenson, the mayor of Mulwaree Shire, Max Hadlow, the mayor of Goulburn City Council, and Brian McCormack, the mayor of Crookwell Shire Council, expressing their concerns about the proposals. As I said, I have also discussed the matter with many people in my electorate. I cannot emphasise strongly enough the opposition of the electorate of Burrinjuck to the Government's proposals for mega councils.

Miss CHERIE BURTON (Kogarah—Parliamentary Secretary) [4.39 p.m.]: I reiterate the Government's policy of no forced amalgamations. Proposals are not forced amalgamations, and the regional reviews were all about consulting the community about a better way to manage councils. It is interesting to note that all the representations the honourable member for Burrinjuck referred to were from councillors. We can see why they have a vested interest in not amalgamating. In some areas there is no denying that councils are unable to deliver decent services to their ratepayers. That is what we are concerned about. The Government is concerned about the ability of councils to be financially viable and deliver services to their ratepayers.

Mr ACTING-SPEAKER (Mr Paul Lynch): Order! The honourable member for Burrinjuck will cease interjecting and resume her seat.

Miss CHERIE BURTON: When people pay council rates they are entitled to services, they are entitled to have decent roads, they are entitled to have their rubbish collected, and they are entitled to the services that councils are meant to provide. Some councils cannot do that, and that is what this review is about. It is about asking the community how it can better do things. It is not only about amalgamations, it is also about submitting business plans and plans on how to better run the council. I believe it is in every ratepayer's interest to be involved in this process because the outcome that the Government seeks is that ratepayers get the services they pay for.

MOUNT PENANG GARDENS

Ms MARIE ANDREWS (Peats) [4.40 p.m.]: Mount Penang Gardens, located within the Peats electorate at Kariong, on the former Department of Juvenile Justice land, were officially opened on Friday 14 November. The gardens cover an area of six hectares and cost more than $8 million to construct. They were designed by Anton James, a Sydney-based landscape architect who won the right to design the gardens from 32 entrants. Situated in a strategic area to the left of traffic exiting off the F3, the gardens are expected to attract a large number of visitors to the Central Coast. They will become the gateway to Gosford city. As well, they will be a source of appeal to thousands of Central Coast residents. I have no doubt that Mount Penang Gardens will become for the Central Coast what the Opera House has become for Sydney. 5488 LEGISLATIVE ASSEMBLY 20 November 2003

It was pleasing that last weekend, when the gardens were showcased to the public for the first time, they attracted over 6,000 visitors. Accessed by a bridge over a lake, the gardens are spread across different levels, reaching a height of six metres. The garden complex features six levels of cascading water and 12 garden rooms in which over 1,000 different species of plants are growing in a range of varying conditions. Many of these plants are quite rare and have never been seen on the Central Coast before. Included within the gardens are cascading water fountains, bottle trees, an amphitheatre, an obelisk water feature, and several themed gardens, including cactus and rainforest. There are also six interchangeable gardens, which will be revamped according to the season.

To mark the official opening of the gardens the prized Wollemi pine was on display in a cage within the Waterfall Cafe. This pine is one of the world's oldest and rarest plants, dating back to the time of the dinosaurs. The Festival Development Corporation is hoping to be able to obtain its own pine for permanent display at the gardens. The 60 seat Waterfall Cafe is aptly named as it overlooks the cascading waterways. Visitors to the area wishing to purchase a souvenir as a memento of the occasion are well catered for in the gardens shop. It took only 14 months to transform the 6 hectares of land into the spectacular gardens, which are the centrepiece of Mount Penang parklands.

As I reminded guests at the official opening, these gardens would not have been made possible had it not been for the generosity of the Carr Labor Government in donating the land previously occupied by the former Mount Penang Juvenile Justice Centre to the people of New South Wales. I repeat what I have said on many occasions: had the Coalition parties been in Government when this land became available, I have no doubt whatsoever that the site would have been sold off to the highest bidder without any benefit being derived by the public. Thank goodness we had Premier Bob Carr at the helm. He and his Government are to be congratulated on making this land available for the enjoyment of generations to come.

When the land became available once the Government had made a decision to build the new Frank Baxter Juvenile Justice Centre at the rear of the historic Mount Penang site, a number of consultations were held involving members of the public. A number of Kariong residents and I participated in those consultations, at which there was very strong support for the construction of the gardens. It was fitting that guests at the official opening were extended a warm welcome to country by Darkinjung elder Jack Smith. A smoking ceremony was conducted at the entrance to the gardens by members of the Darkinjung Local Aboriginal Land Council. This ceremony is quite significant in that it demonstrates the spiritual connection with the land. In his speech the Minister for the Central Coast gave a brief history on the important part that gardens have played in the history of our universe.

I extend my appreciation and congratulations to the General Manager of the Festival Development Corporation, Keith Dedden; the Chairman of the Board, David King, all the board members; and the hard- working staff of the corporation. Particularly Margaret Paterson, the marketing manager, deserves special mention for ensuring that these once-dreamt-about gardens have now become a reality. Past board members, including the former long-serving Labor member for the Federal seat of Robertson, Barry Cohen, and Gosford city councillor Tony Sansom, are also acknowledged for their contributions to this wonderful project.

It was pleasing at the opening to see a number of representatives of both councils on the Central Coast, being Gosford City Council and Wyong Shire Council. Also present was the person who was responsible for the naming of Mount Penang parklands, Mrs Noeline Bennett, a long-time resident of Mangrove Mountain who is very conversant with the local area. Anton James and Dianna Pringle of Anton James Design were on hand to show people through the spectacular gardens. There is no doubt in my mind that Mount Penang Gardens will become a much talked about feature on the Central Coast.

Miss CHERIE BURTON (Kogarah—Parliamentary Secretary) [4.45 p.m.]: I thank the honourable member for Peats for telling the House about the Mount Penang Gardens. I have visited the gardens and they are very beautiful. I would also like to pay tribute to the Carr Government for its commitment to the environment in providing that open space for the people of Kariong. I congratulate all the people whom the member mentioned, and I acknowledge the hard work of the honourable member for Peats and her commitment to her electorate.

HOLSTEIN-FRIESIAN ASSOCIATION OF AUSTRALIA DINNER

Mr ANDREW CONSTANCE (Bega) [4.46 p.m.]: I would like to pay tribute to one of the great iconic industries in my electorate, and to pay tribute also to the magnificent contribution that Bega Cheese and the Bega Co-operative Society Limited make not only to the local economy and the local community but also, more 20 November 2003 LEGISLATIVE ASSEMBLY 5489 broadly, to the State of New South Wales and to Australia. On Monday evening I attended the annual dinner of the Holstein-Friesian Association of Australia. The New South Wales division had its annual dinner and presented a number of awards to farmers for their excellent work in developing their breeds.

The main message that came out of that dinner was that despite the fact that the industry is suffering many difficulties—courtesy of the drought and international markets, coupled with milk prices—the overall feeling was reasonably positive. To that end, I believe that one of the great concerns raised, for which I would like to see more Government assistance provided, was attracting young people into dairying. The Holstein- Friesian Association of Australia is Australia's largest cattle breeder organisation and has 2,600 members. The Holstein is Australia's most popular dairy cattle breed, comprising approximately 80 per cent of the total Australian dairy cattle population of 2.1 million.

Returning to the Bega Co-operative Society Limited, I am pleased to say that the co-operative is making extraordinary progress. Earlier this week it announced, despite the drought, a record operating profit of $218.5 million before distributions back to corporate members in the order of $10.8 million. That is $10.8 million which was distributed back to farming members by way of co-operative premiums and also, importantly, drought premiums. That is an important point to note. This co-operative is assisting its members through a very difficult time. Some of the key statistics in the co-operative's 103rd annual report are that sales revenue was up 20 per cent to $218 million, operating profit was up 38 per cent, and, despite bulk cheese production being as a result of the drought, "cut and pack" output was up 49 per cent.

The company exports its product to 35 countries throughout the world. In recent weeks Bega Cheese made the announcement that it was the first company to make inroads into Iraq through the export of, believe it or not, canned cheese, which has a shelf life of about two years. Significant numbers of containers carrying approximately 80,000 cans are being shipped to that country. The industry is looking to export to other countries in the Middle East and it is also making significant inroads into the Chinese market. Given that China ascended to the World Trade Organisation a couple of years ago, it is exciting that this local company is making it on the world stage.

On Monday Bega Cheese announced that the Australian Government would fund a program to boost the environmental performance of co-operative members. I understand that 20 farmers will participate in a pilot program centred on environmental management systems. The program seeks to encourage farmers to protect the environment and adopt practices that will deliver better outcomes on their farms. Strident measures will be taken as part of the program to help farmers achieve these improvements through a life cycle analysis. I commend the success of Bega Cheese to the Parliament.

Miss CHERIE BURTON (Kogarah—Parliamentary Secretary) [4.51 p.m.]: I thank the honourable member for Bega for bringing the achievements of the Bega Cheese to the attention of the House. This is a real testament to the resourcefulness of the company, despite the pressures it is experiencing with the drought, international markets and other local issues. The success of the company is a tribute to it.

COMMUNITY DEVELOPMENT SUPPORT EXPENDITURE SCHEME

Mr ALAN ASHTON (East Hills) [4.51 p.m.]: Tonight I want to inform the House of a function that was held recently in the Bankstown area with respect to the Community Development Support Expenditure [CDSE] Scheme, which the Minister for Gaming and Racing and I attended. Clubs in my electorate and in the electorate of the honourable member for Bankstown make numerous donations to groups in their area, and in return for those donations, the clubs receive a tax concession.

The Revesby Workers Club, a large club in the area, donated $820 to Alzheimer's Australia to increase community awareness of dementia; $19,719 to Bankstown-Lidcombe Hospital aged care assessment team for phase two of the socially isolated residents liaison officer project; $7,000 to the Coolaburoo Neighbourhood Centre, a neighbourhood centre in Sydney; $9,580 to the Health and Arts Research Centre for the Art of Ageing project; $2,159 to Learning Links for the Let's Get Co-ordinated project; $2,000 to Ronald McDonald House; $7,500 to Roseland's Sports and Aquatics Club, a special club for people with disabilities; $18,000 to Share Care Incorporated on behalf of the south-western disability network; $24,552 to the Spastic Centre; and $4,500 to the Uniting Church in Australia for the Operation Hope Camp program.

The Bankstown Trotting Club donated $10,000 to the St Vincent de Paul Society and $16,000 to CareFlight, which was not part of the CDSE Scheme. I might add that a committee was established to oversee 5490 LEGISLATIVE ASSEMBLY 20 November 2003 the making of these grants. I could list many more but time prevents me. However, I wish to make one point. The Bankstown Sports Club has also donated many thousands of dollars under the scheme. Perhaps at another stage the honourable member for Bankstown will inform the House about that funding. The CDSE Scheme was introduced as a mandate to clubs to encourage them to donate to their communities, and for that they receive a tax offset. However, all clubs in my area, and particularly the Bankstown Sports Club, donate funding well beyond the CDSE component. For example, my local clubs donate millions of dollars to the Bankstown Frail Aged and Nursing Home Village in Georges Hall. That organisation would not be able to function without those generous donations.

Mrs Barbara Perry: They have given $3 million in 31 years.

Mr ALAN ASHTON: Yes, local clubs have donated $3 million to community organisations, but when they first did so, the CDSE scheme had not yet commenced. Each year the Revesby Workers Club donates $4,000 to all schools in my electorate, and there are approximately 20 schools, so the figure is $80,000. I thank the Minister for attending the function, which was enjoyed by all present. I thank all the clubs concerned and congratulate those great honorary groups, which contribute so much to their local communities and have received their fair share of CDSE donations.

WATER SHORTAGE

Mr IAN ARMSTRONG (Lachlan) [4.55 p.m.]: We are almost at the end of the session and at the end of the year, with perhaps two or three more sitting days. The Parliament is not expected to resume until next February. To use a dreadful, old punter's expression: It's going to be a long, hot, dry summer. I wish to place on the record, as every Sydneysider would acknowledge, the shortage of water. Last Sunday and Monday we had hot, dry weather with high winds that caused gardens to dry out. As I was travelling to Parliament this morning I noticed that the beautiful roses in one garden on the North Shore had wilted and were like dried flowers at the end of bushes, which is symptomatic of what is happening right across the State. Australia has a harsh, dry climate and is the driest continent in the world. Nevertheless, we should make provision for quality life and for the expansion of our population in the future.

There have been numerous comments about our population having already reached its limit with respect to the utilisation of natural resources. However, we would all agree privately that there is no such thing as capping a population. It will continue to grow. Therefore, we must provide reasonable access to water. The Government has spoken about freshwater tanks for homes, and that is an excellent initiative that I support. At the present time most towns in rural or agricultural areas have water restrictions not dissimilar to those in Sydney. They vary, depending on whether the water is drawn from underground aquifers or as a result of riparian rights on rivers.

Only this morning I received a telephone call from a Condobolin farmer I know very well. Condobolin has a number of creeks that run off the Lachlan River. Some have small weirs while others fill when fresh water comes down the river. I was told that the Wallamundry Creek system, which is below Jemalong and between Jemalong and Lake Cargelligo is dry. This morning farmers were digging holes in the bottom of creeks in an effort to trap whatever water might be present and obtain some seepage for their livestock.

The real point I want to place on the record is that we all understand that there is a lack of water, but are we doing anything about getting more of it? Just after question time I sat for an hour or so in my office trying to think of what infrastructure processes are in place to provide more water, sensibly so, for the future of agriculture, livestock and industry in country towns and in Sydney. I cannot think of any programs that will contain more water when the beneficial rains come—and they will come again—or engineering projects that, in the past, seemed beyond our capacity, such as the narrows on the Abercrombie River above Wyangala. That was deemed to be an excellent site to retain more water, about 300,000 megalitres, but it was considered to involve too many engineering problems. I understand that it would be practical to do it now. The Belabula River would contain about 60,000 megalitres of water.

How long is it since a proper audit has been done on underground aquifers throughout the State? How long is it since we have had a good look at piping water across the continent, as suggested by some northern people? Sometimes these matters are treated in a jocular fashion in this place, but times have changed. We have gas that is piped from Western Australia to Sydney. The gas that heats people's stoves probably comes from the gas fields in north Western Australia. The possibilities are endless. 20 November 2003 LEGISLATIVE ASSEMBLY 5491

I ask the Government to consider conducting a full audit of water in this State and of the potential for the sensible containment, discovery and, indeed, piping of more water into New South Wales. The Government must recognise that the population will continue to grow over the next 50 years; there is no such thing as stabilising numbers. Without water, the economy and the quality of life in this State will stagnate. The Government and the Parliament have an opportunity to make a real contribution to the future if they recognise that the time to take action is when the community is focused on the lack of water and there are no plans to relieve the situation.

ST MELS PRIMARY SCHOOL, CAMPSIE

Ms LINDA BURNEY (Canterbury) [5.00 p.m.]: Today I pay tribute to the staff, the parents and, most importantly, the wonderful students of St Mels primary school at Campsie. St Mels was the recipient of a prestigious national award for values in education for its Building Cultural Harmony—from Racism to Inclusion project. The Principal of St Mels, Elizabeth O'Carrigan, and the Deputy Principal, Anne Marie Da Silva, received the award on behalf of the school. The award was presented by the Federal Minister for Education, Science and Training in Canberra on 3 November at the 2003 national awards for quality schooling.

The award won by St Mels was one of 33 national prizes on offer. St Mels' award fell into the category of whole schools—one of only 12 awarded nationally. As I said, St Mels' prize was awarded for its outstanding Building Cultural Harmony—from Racism to Inclusion program. St Mels student base represents 40 different cultural groups, and the aim of the project was to establish an environment in the school in which teachers, parents and children could learn to change their attitudes. This research formed the basis of the cultural harmony plan for the school. That plan crosses all areas of school life, including positive effects of cultural harmony, exploring identity, recognising and celebrating differences, commitment to respect, and saying no to racism.

Part of the project was the development of a bill-of-rights style document for St Mels—the St Mels right to cultural harmony. The school holds regular antiracism conferences, and the outcomes I saw when I visited the school to meet the teachers and students were a heartwarming and inspiring experience. I saw the fantastic parental involvement ably led by Tony Karan, who is a strong Labor Party man in our area. I saw a cohesive and committed staff, whom I met last week and had a cup of tea with. All bar one of the staff are women, and they are an extraordinarily committed group. I saw a group of students who value and respect each other. The principal, Elizabeth O'Carrigan, told me that four years ago the student body did not have the same respect it has today.

I saw physical surroundings that reflect a beautiful calm school. I saw a cross done in Aboriginal dot style paintings that recognises all the cultural groups at the school as well as the traditional owners of the land. The paintings are the first thing one sees when one walks into the school administration area. I saw that the signs in the school are in many languages. I saw a staff who are absolutely committed to their profession. One outstanding aspect of the program is that there has been a huge reduction in bullying in the school. We all know that bullying is one of the more distressing aspects of life, particularly school life. For a project not only to deal with racism but also to reduce bullying to almost nil over a four-year period is truly remarkable and inspiring.

I saw an important attitude of the staff to this project that these kids will carry with them for the rest of their lives. The children at St Mels have received a fabulous gift of taking forward antiracism and saying no to bullying. Apart from learning academic subjects in school, these experiences set one's life course in a good direction. I am proud of St Mels, and St Mels should be proud of itself. It is an old institution in the Canterbury area. The honourable member for Auburn told me that her mother and aunt attended St Mels. St Mels is a truly worthwhile national leader in the education arena, and I wholeheartedly congratulate the school.

Miss CHERIE BURTON (Kogarah—Parliamentary Secretary) [5.05 p.m.]: I thank the honourable member for Canterbury for drawing the attention of honourable members to the St Mels primary school values in education award for its Racism to Inclusion project. As honourable members know, racism is something we learn; we are not born racists. If racism is in the community we take on that belief system. I pay tribute to those in the education system who are committed to promoting cultural acceptance and harmony. As the honourable member for Canterbury said, once we teach that in schools in the future we will have a community that is accepting and one in which people can live without racial violence or vilification.

I turn now to different programs in the Parliament. Recently I chaired a Henry Parkes Foundation convention on racial tolerance. Representatives from about 15 schools throughout the State attended the convention. They told us what peace meant to them and what it meant to be part of a multicultural society. The 5492 LEGISLATIVE ASSEMBLY 20 November 2003 kids were fantastic. If the students at St Mels are anything like the students who attended the convention, I can understand why the honourable member was deeply touched. Such commitment will lead to a much better society in the future.

PYMBLE PUBLIC SCHOOL

Mr BARRY O'FARRELL (Ku-ring-gai—Deputy Leader of the Opposition) [5.07 p.m.]: We are approaching that time of year when I undertake the most enjoyable part of my role as the member for Ku-ring- gai. Each year I look forward to school speech days and annual presentation days. Notwithstanding my ongoing involvement with both public and private schools across my electorate throughout the year, annual speech days provide me with an opportunity to see a snapshot of the achievements of our young people and the teachers who devote themselves to their education. As I have said before in this House, there is no doubt from the snapshots that I have had the privilege to be part of over recent years as the member for Ku-ring-gai that this country is well placed to continue to succeed, to prosper, and to advance because of the commitment being made within our schools.

As a supporter of public education, both in word and in practice, I am particularly proud of the public schools in my electorate, those who support the public education system and those who work in the public education system across the electorate of Ku-ring-gai. I am looking forward again to joining with those school communities during the annual presentation period.

This evening I pay tribute to Pymble Public School, which is in its fifty-first year. The school sits on Crown Road, Pymble—indeed, it was once called Crown Road Public School. This fine school demonstrates that schools can achieve substantially with community support and fine leadership. I will outline to the House several examples of what I regard as the fine public education offered by Pymble Public School. Recently the school participated in A Day in Italy, a day-long festival during which all classes produced a concert and relaxed afterwards with an Italian lunch and gelato. It was enjoyed by everyone who participated in it. Special guest Dottoressa Luciana de Leon, the education attaché for the Italian consulate, was most impressed with the day. Since 1988 Pymble Public School has been endowed to teach Italian. Its students are great examples of what can be done with language education in this State.

The National Heart Foundation has been a Pymble Public School charity for 16 years. Over that time the school has raised in excess of $105,000 for that worthy cause. This year's Jump Off during Education Week raised $14,500. The school's co-ordinator of this annual event, Assistant Principal Mr Colin Simpson, has won national acclaim for this mammoth effort. There are two national junior sports champions at Pymble Public School. Michelle Troup is the Australian national champion for discus and Rowan Varrall came fourth in the Australian national diving championship—and it all began on the school oval and in the school pool at Pymble Public School. Like many other public schools in my electorate, it is fortunate to have a pool available to its students.

The interdistrict music festival at Willoughby Town Hall—I say this in front of the honourable member for Willoughby—at the beginning of term saw Pymble Public School festival choir, the dance group and the performance ensemble take centre stage as they showcased a little of the wide variety of creative and performing arts activities available within Pymble Public School. The school recently produced a CD featuring all the school's choral and band groups—the infants choir, the Singlettes, the festival choir, the School's Spectacular choir and the senior ensemble. The junior band, the concert band, the jazz ensemble, the percussion group, the performance ensemble and the string group complete the musical picture. Pymble Public School is the only school I go to where every child sings. There is no embarrassment, particularly amongst boys, about raising their voices as they would joyously join with their colleagues at Pymble Public School to create beautiful music. The Pymble Singers, the senior choral group at Pymble Public School, has been invited by the performing arts unit to sing at the Sydney Peace Foundation Awards ceremony. They will sing the school's current favourite the song, "I Have a Dream", conducted by teacher Mrs Robyn Herbert.

I pay tribute to the principal of the school, Mrs Margaret Wick, who was awarded a Centenary Medal for her contribution to public education, a deserving acknowledgement of a fine educational leader and without doubt one of the finest primary school principals anywhere in the State. I pay tribute to Mr Colin Simpson, who is the assistant principal, and who will again run the annual assembly with great aplomb. We may not get out on time, but by the time the assembly finishes Col would have ensured that we understand exactly the achievements of the students at Pymble Public School. Finally, I acknowledge the efforts of Mrs Aileen Woof, who helped me this year with the public speaking competition I run as the member for Ku-ring-gai and in which 20 November 2003 LEGISLATIVE ASSEMBLY 5493 all public schools in my electorate compete. The finals are held in this Chamber. It could not have been done this year without the superb dedication of Aileen Woof. These people are a credit to the public education system, as are the children I will see next month.

Miss CHERIE BURTON (Kogarah—Parliamentary Secretary) [5.12 p.m.]: I pass on the Government's best wishes to and acknowledge the achievements of Pymble Public School. All members of this Chamber have strong involvement in their local schools. All week the talk has been about preparing to visit local school award presentations. I join with the honourable member for Ku-ring-gai in saying that teachers do a fantastic job. I happen to be not only an avid supporter of the public education system but also a product of it, so I join with the honourable member in supporting the public education system. It is a great honour to attend those nights, to see the students and to be a part of acknowledging their achievements. Some of those achievements are phenomenal. I thank the honourable member for bringing this matter to the attention of the House.

ROYAL INSTITUTE FOR DEAF AND BLIND CHILDREN FUNDRAISING EVENT

Mr MILTON ORKOPOULOS (Swansea) [5.13 p.m.]: Earlier this month a former member of this House, Jill Hall, and I attended the Tingira centre in the heart of the electorate of Swansea. It is run by the Royal Institute for Deaf and Blind Children. We pledged that on 21 November we would Try Silence for 60—that is, Ms Hall and I pledged that we would keep our mouths shut and not say a single word for 60 minutes—thereby raising money for the Royal Institute the Deaf and Blind Children. The ambassadors for Try Silence for 60 are the leading players in the Hunter region soccer, rugby league and basketball, and they have gone to all the primary schools in the electorate to sell the message that here is a way to raise money for the Royal Institute the Deaf and Blind Children, which does so many good things for those disabled children in our community.

I am very proud that my local Lions club, Swansea Lions Club, has agreed to pay a lot of money for me to shut up for 60 minutes tomorrow—Parliament may not be sitting tomorrow, so it is a fitting time to do that— probably on my way home as I drive the 100 or so kilometres to my electorate. Try Silence for 60 will enable people who have their hearing and sight to communicate in alternative ways to the way they are used to. In that way perhaps they will acclimatise themselves to the fact that there are some in our community who do not have the wonderful ability to hear. The Tingira centre is doing fantastic work, not only as a preschool for able-bodied children but also for disabled children, those children who are vision impaired and hearing impaired.

The integration of able-bodied children with children with certain disabilities creates a wonderful magic in the classrooms. Jill and I, along with other important people in the community—such as the volunteers and supporters of the Tingira centre—inspected the classrooms and saw these very special children as they were going through their projects and lessons with their teachers. The Royal Institute for Deaf and Blind Children is an excellent organisation that I would recommend to everyone as worthy of a tax-deductible donation. There are still a few hours to go for people to sponsor me to keep quiet for 60 minutes tomorrow.

Miss CHERIE BURTON (Kogarah—Parliamentary Secretary) [5.17 p.m.]: I congratulate the honourable member for Swansea and Jill Hall on their support of the children at the Tingira centre. It is a fantastic fundraising initiative. Knowing the honourable member for Swansea, I would like to watch him remain quiet for 60 minutes. He will find that really tough. I congratulate him on his commitment to his local community and for assisting such a worthwhile cause. I wish him the best of luck.

WILLOUGHBY ELECTORATE LAW AND ORDER

Ms GLADYS BEREJIKLIAN (Willoughby) [5.17 p.m.]: I would like to update the House about law and order issues in the electorate of Willoughby. In the first instance, I congratulate both the Chatswood Rotary Club and Chatswood Chamber of Commerce for hosting the annual awards for police officers in the North Shore area command that were held yesterday evening. I was pleased and honoured to attend the function, even if only for a short while during the dinner break. I gained a sense of the immense appreciation the local community has for its police officers. I congratulate Constable Tony Bear, who received the award for community police officer of the year from the North Shore area command. The awards were conducted in the presence of the Commissioner of Police, Ken Moroney, who was the guest speaker for the evening, and Superintendent Doreen Cruickshank from the local area command based at Chatswood. I reiterate that the community respects its police officers, who work day and night to protect us. Again, I pay tribute to the Chatswood Rotary Club and the Chatswood Chamber of Commerce for taking the initiative to host these important annual awards. 5494 LEGISLATIVE ASSEMBLY 20 November 2003

Tony Bear, the recipient of the community police officer of the year award, recently facilitated a critical forum in the Willoughby electorate: a drug forum. Parents from all local schools were invited. When I attended I was heartened by the level of concern and interest shown by community members in addressing issues which impact on all families and young people in some way. Lane Cove and Willoughby councils sponsored the evening, which was put together by Tony Bear and other officers from Chatswood police station. It was a very informative evening, servicing critical needs in the local community. After much community pressure, the first steps of the building of a new Chatswood police station are finally apparent. I understand that by the end of the year Chatswood police officers will move to the temporary site diagonally opposite the current site. Following that move the demountables on the current site will be demolished. After many years of community pressure the station is finally being built, which is a relief to the community because, as with most communities, law and order issues are paramount. I have received a number of representations of concern from community members in relation to criminal activity around Chatswood railway station and Chatswood mall. Mr Rick Doran wrote a letter which, with his permission, I will read in part:

My 20 year old son and his friends, when walking to Chatswood Station through the Mall on Friday 31st October at 11:00pm to catch a train to the City, were set upon by a gang of youths from 15-19 years old who viciously assaulted one of my son's friends, kicking him in the face whilst he was on the ground and leading to his hospitalisation. When reported to the... Chatswood Police Station, some three blocks away, they could do nothing as all three cars were responding to crime scenes. They did however call an ambulance for my son's friends, thus leaving the gangs to roam.

This is the second time my son has been assaulted in the Mall in four years and we hear of nearly daily incidents...

Mr Doran, a concerned constituent, went on to say:

Out of this we need a CONSISTENT strategy to overcome the problem.

I will certainly raise this issue with the local area command office at the next police and community meeting. Crime around Chatswood railway station and Chatswood mall is a perennial problem. I also note that when I visit local schools parents and teachers similarly express concerns around the station and Chatswood mall. I reassure Mr Doran and all the constituents who have contacted my office about crime issues that I will raise them with the local area command office and report back.

BALI TOURISM

Mr JOHN MILLS (Wallsend) [5.22 p.m.]: The week before last I took a week of leave—my first this year—and went on holiday with my wife to Bali. We expected a wonderful holiday. We had that; we were not disappointed. The Balinese were warm and friendly and welcoming. We learned much about the Hindu Bali culture and beliefs. It was the week of the full moon and there were many religious festivals in many temples. We also visited ground zero and the memorial dedicated last month to the 202 people—88 Australians, 35 Indonesians, and others—who were tragically killed in the terrorist bombing outrage of 12 October 2002. Several times each day we were asked by people in Bali one of two questions: Where have all the Australians gone? Why does Australia still have a travel ban on us? Before I left Australia when I told my constituents where I was going I found that about three quarters had already been to Bali and many expressed concern that the Department of Foreign Affairs and Trade is still issuing a travel warning against Bali. On the Internet the Smartraveller web site states, "We advise against non-essential travel to these countries". The 11 countries listed include "Indonesia, (including Bali)".

I request the Federal Government to review the travel warning on Bali and to downgrade it. Despite the travel warning my wife and I chose Bali so that we could do our personal bit to help the people of Bali now by helping their economy when they most need it. The bombing was a double tragedy for Bali, a Balinese woman told us. First was the loss of life and second was the loss of half a million jobs in tourism. Almost every family in Bali has lost income. In early October a delegation of elected members of Parliament from the People's Representative Assembly of the Province of Bali [DPRD] visited New South Wales Parliament. They discussed security issues and arrangements with staff and officers of the Parliament. I represented Mr Speaker in hosting a lunch for them. The delegation leader, I. Nengah Sumardika, invited me to visit the DPRD when we were in Bali. We accepted that invitation and went to Denpasar on Friday 7 November.

A small seminar on tourism and security in Bali was arranged for me. Five people spoke. The first was the chairman of the DPRD Security Committee, I. Nengah Sumardika. The second was General Made Pastika, the head of police, a familiar face from Australian television news. He said that four measures have been taken since the tragedy. A new security standard system for hotels has been adopted, which we saw working well. A new detection and early warning system for terrorism has been put in place. A memorandum of understanding 20 November 2003 LEGISLATIVE ASSEMBLY 5495 has been signed with the international emergency 911 system. International police advisers from the United States of America, Japan and Australia are being appointed to work with Bali police. General Pastika said, "We are trying our best to improve security." Nyoman Wardawan, the head of the Tourist Information Service of the Bali Tourism Authority, asked for Australia to remove the travel ban. He said that Aussies had fallen to third among the numbers of tourists and advised that tourist arrivals had only last month returned to just over half the number before the bombing.

I. Made Sukadana, representing the International Tourist Guides Association of Bali, said that guides have been the biggest jobs losers. Most guides are now unemployed. He asked for Aussies to come back again and said that new training and information standards had been developed for guides. Finally, a representative of the Hotels and Restaurants Association spoke of a recovery process already under way in conjunction with the tourism authority and police. At the seminar I said that I would, first, request the Federal Government to reconsider the travel advisory status of Bali and to downgrade it in view of the progress made. I am writing to the Minister for Foreign Affairs with this request. I also said at the seminar that I would advise Australians of the improved security measures and improved tourism training and tourism opportunities in place. After all, if it is okay for the Prime Minister, John Howard, the Federal Labor leader, Simon Crean, and the humble member for Wallsend to go to Bali the Department of Foreign Affairs and Trade travel advisory should be revised. It is time for Australia to make a lasting gesture of friendship and reconciliation to the good people in Bali to assist in their recovery. I invite my fellow Australians to make the journey or make the journey again to the "Island of Peace".

PARKES BACK IN PARLIAMENT EXHIBITION

Mr TONY McGRANE (Dubbo) [5.27 p.m.]: Recently I hosted, with the mayor and deputy mayor of Parkes, an exhibition in Parliament House entitled Parkes Back in Parliament. Of course, we all know that the shire of Parkes is named after Sir Henry Parkes. The Deputy Premier and Minister for Education and Training opened the Parkes exhibition on Monday 3 November, showcasing the assets and lifestyles of the dynamic and progressive community of Parkes. The exhibition centred on 14 key scenes, including positive features such as Parkes shire's links to industry, transport, education, tourism, events and heritage. The exhibition also detailed plans for a new Parkes museum, including the construction of Moat House, a replica of where the great Sir Henry Parkes was born in Coventry in England back in 1815. It is fitting that a man of such visionary thinking and integrity should lend his name to a town, community and shire such as Parkes.

The people of Parkes share many forward thinking ideas on economic and social issues. Parkes is a rail transport heart, with FCL, a major freight haulier in Australia, having a large terminal there on the Indian Pacific line. Parkes is situated on the Newell Highway, the vital road link between Queensland, New South Wales and Victoria. The shire is a popular tourist area, with the famous radiotelescope featured in The Dish. The recent exhibition was a fitting opportunity to recognise the Parkes legacy and Sir Henry's enduring contribution to the State Parliament. Sir Henry Parkes was associated with many social reforms in addition to serving five terms as State Premier. In those days he was referred to as the Prime Minister. He presided over major achievements when the colony was young. One of his greatest achievements was the establishment of a public education system.

The Parkes Foundation was established by direct descendents a century after his death. The aim of the foundation is to develop education in New South Wales and Australia. One of its activities is a school convention and this year 16 different schools participated. The debate was of a high of standard and the participants discussed federation, politics and youth issues. The Governor, Her Excellency Marie Bashir, paid a visit at the end of the convention. She has a history of involvement in education and with Parkes. She attended the local book day, which involves bringing people together to read. She is a great supporter of education and regional New South Wales. Between 10,000 and 11,000 people have visited the Parkes exhibition in Parliament House. That is good for regional development. Parkes is a tourist mecca because of the vast range of attractions in the area, including the Dubbo Zoo, the dish, the museum and the Wellington caves.

PSYCH MATTERS

Ms ANGELA D'AMORE (Drummoyne) [5.32 p.m.]: I rise to outline a new psychology service that I had the pleasure of launching as the State member for Drummoyne known as Psych Matters on Monday 10 November. The service is located at 172 Majors Bay Road, Concord, and provides assessment and therapy to children and their families. The service will also provide counselling to children, adolescents, families and individuals to assist them with problems such as depression, family and individual crisis, anxiety and stress. 5496 LEGISLATIVE ASSEMBLY 20 November 2003

This service was established with the assistance and overwhelming support of the University of Western Sydney Faculty of Psychology, which will oversee the running program of the service. The director of the service is Rose Cantali, in conjunction with her partner, Nesli Karadeniz. Both women are psychologists and members of the Australian Psychological Society. They are both vibrant passionate women who possess a great deal of knowledge and experience in their field.

Rose Cantali is undertaking her doctorate program entitled "Getting Connected", which covers the resilience in adolescents, focusing upon disadvantaged youth and examining how to motivate disenfranchised youths in our community. She is on the State executive of the Australian Psychological Society, Sydney branch. She is also the professional developmental officer and is responsible for the development of courses and workshops. In addition, she is on the State executive of the New South Wales State Parent Association. I commend her for the trial program, which she has developed and which is currently being implemented at Concord High School in the State seat of Drummoyne to provide proactive intervention for our youth at risk. This is a pilot program in New South Wales, and I am very pleased to have it in my electorate to provide these services to our local high school youths. Proactive intervention with youths is far better than a reactive approach. Providing our youth with support services at the school level can only assist our communities and health professionals engage and help them through the difficult adolescence years of their lives.

The service will also facilitate on-the-job work experience and training for a number of students from the Faculty of Psychology at the University of Western Sydney. These students, who are currently completing their Masters of Education in Developmental Psychology, will undertake 100 hours of on-the-job work experience in direct placement within the service. This shows an integration of university curriculum and psychology services in the community to better equip our university graduates with the practical realities of their chosen career path. It will provide essential on-the-job experience and allow our future psychologists to put into practice what they are being taught in theory. I welcome and wish these psychology students well, and I am confident that they will contribute significantly to the service. I commend the University of Western Sydney for providing this opportunity to them.

The launch of the service also coincides with National Psychology Week, which is held from 9 to 15 November 2003 and which is an initiative of the Australian Psychological Society. This year's theme is "Good Thinking". Good thinking is the key to good health and psychologists throughout Australia showcased the ways in which psychology can make a difference to the quality of people's lives. It is estimated that more than 20 per cent of the population suffer from some kind of psychological problem. National Psychology Week aims to create a positive awareness of psychologists within the general community and in other health professionals, and to generate awareness about the services psychologists offer and the value of those services. We often hear from members of our respective communities that the pace and intensity of today's family, social and business world can put tremendous pressure on individuals, our friends and members of our families.

Recent figures illustrate a growing need for psychological services. Over the past two years the Australian Psychological Society referral service has recorded a 75 per cent increase in the number of people seeking to consult a psychologist. That is why local services such as a Psych Matters are so important to our communities, and I was proud to be included in its launch. Psychologists such as Rose Cantali and Nesli Karadeniz are experts in human behaviour. Most psychologists help mentally healthy people to find ways of functioning better. They equip people with the skills needed to function more effectively and to prevent problems. However, psychologists also specialise in industrial and organisational settings, education, community issues, sport and health, just to name a few. These specialists practise in diverse workplaces, from schools and welfare agencies to companies and hospitals. I commend Rose Cantali and Nesli Karadeniz for providing this service to the local community. I also commend Michael Cantali, Rose Cantali's husband, for his support of his wife. He is also an Independent councillor on Canada Bay Council. I extend my best wishes to the service.

VODAFONE SUMMERJAM ALBURY 2003

Mr GREG APLIN (Albury) [5.37 p.m.]: On Saturday 13 December up to 20,000 people are expected to crowd into the Lavington Panthers oval at Albury for one of the largest music concerts ever held in the city. The event is the Vodafone Summerjam, which will bring together an eclectic range of Australia's best musicians, celebrities, sporting personalities, families and fans. Along with local young and emerging artists, Summerjam Albury 2003 is set to rock the region. The concert will feature great Australian acts including INXS, Diesel, the Androids, One Dollar Short, Waikiki, Brat, Tapered Edges, Pete Murray and Rogue Traders. The event will be huge, but there is also a local element that has been creating expectation and excitement. 20 November 2003 LEGISLATIVE ASSEMBLY 5497

Leading up to Summerjam there is a battle of the bands competition and the winners of the two sections will perform as the opening acts.

The battle of the bands competition has been an outstanding success in the region, involving local groups in the lead-up to the concert and providing the major winners with the opportunity to perform live at Summerjam and to be given the full rock star treatment for the day, staying in the same hotel as the stars, limousine transfers and VIP privileges. It is a fantastic opportunity for regional bands, with the major winners also receiving a prize package from Star FM including studio production time, a master recording and airtime across the Star FM network.

The Battle of the Bands competition is divided into two categories, a 12-to-17 years youth category and an 18 years plus major category. It has attracted bands from the Albury-Wodonga region and well beyond, with the major category holding play-offs in Wagga Wagga, Wangaratta and Echuca as well as Albury. The whole program provides a platform for regional musicians to perform before large audiences. There is every chance we will see successful musical careers launched as a result of SUMMERJAM Albury 2003. There is another side to this eagerly anticipated concert on 13 December. Dean Jones and his celebrity contingent of walkers, including Nick Farr-Jones, Allan Border and Dermott Brereton, will end the longest stretch of their charity walk from Sydney to Melbourne in Albury on the afternoon of the concert. Dean and his walkers will attend SUMMERJAM, and will receive a huge reception in the sporting capital of regional Australia.

The SUMMERJAM Festival developed around the Bone Marrow Donor Institute Walk for Leukaemia. The organisers of the event, Backbeat Management Services, hope to raise up to $100,000 to donate to Deano to go towards his goal of raising $1 million for the Bone Marrow Donor Institute. A number of special fundraising events are planned in the lead-up to the big day. The Bone Marrow Donor Institute Walk for Leukaemia will see Dean Jones leave the Sydney Cricket Ground on 24 November for a 31-day journey. He will finish the walk by entering his beloved Melbourne Cricket Ground in front of a packed Boxing Day crowd to hand over a cheque—as I mentioned, hopefully for $1 million.

So SUMMERJAM will assist the Bone Marrow Donor Institute, stage an international event in Albury and, through the Battle of the Bands, will provide great opportunities for youth in regional areas. The concert and bands contest could well become an annual event. It is an event I would support and encourage—not only because my son is a musician who plays with that energetic and exciting band Waikiki, but because such an event is good for regional New South Wales. It focuses on talent, engages youth, creates tourism potential, and brings people together on the border for a fantastic afternoon and evening of great entertainment.

HORNSBY ELECTORATE SKATEBOARD PARK

Mrs JUDY HOPWOOD (Hornsby) [5.42 p.m.]: I raise the dire need for the establishment of at least one skateboard park, preferably two, in my electorate of Hornsby. Since I was elected to this place it has come to my attention that there is a huge demand from young people in the electorate for a skateboard park. Often when I have stood on railway station platforms I have seen young boys travelling with their skateboards under their arms. When I have asked them where they are going to ride their skateboards, they have told me that they are off to a schoolyard or a vacant site. In my view such sites are hardly adequate for skateboarding. Last year I attended a number of meetings organised by Hornsby Shire Council to look at the possibility of establishing a skateboard park in Hornsby Park, which is located on the Pacific Highway opposite the police station and would be a preferred site. However, I always had in mind that because the park is heritage listed and it is close to residences, the council's bid to establish a skateboard park there would not be successful. A lengthy investigation regarding the site proved that to be the case.

The Deputy Mayor of Hornsby Shire, Nick Berman, who is interested in local youth issues, said that Hornsby Park would be an ideal site. However, given the heritage nature of the site, the anticipated size of the proposed skateboard park, the proximity of residences to the park, and other constraints, he has suggested alternative sites. They include Dartford Road in Thornleigh, Mills Park in Asquith, and Waitara Oval in Berowra Heights. I also attended a meeting in Berowra organised by Pat Room, who was in charge of the Berowra Community Health Centre. Pat had invited to the meeting a number of stakeholders, including council members, representatives of local service clubs, and many local young people. In fact, 75 per cent of those at the meeting were young people. They made it clear that they were intent on pursuing the establishment of a skateboard facility in the electorate.

I have also received representations from local residents. Last week a couple of mothers expressed to me their absolute desperation at seeing their children grow beyond the age of being interested in skateboarding 5498 LEGISLATIVE ASSEMBLY 20 November 2003 and still having no skateboard park. One mother said she had been fighting for a skateboard park for 10 years. There is only one skateboard park in the Hornsby electorate. It is at Brooklyn, which is extremely difficult for many young people to access. In addition, it is only small. An article in the Daily Telegraph of 9 October 2002 headed "Turning bored children into board riders" read:

Just a little bit of commitment from local and State Government and we could have anti-social teenage behaviour on the run.

Half of Australia's children now own a skateboard, making the sport as popular as bike-riding.

However few areas have venues for kids to skate …

The design of surfaces is not good in many skateboard parks. Indeed, the article lists only a couple that are good. The benefits of skateboarding are that it keeps young kids out of trouble, it gives them something to do, and it is certainly a way in which they can keep fit. Pastor Tony Gibson from the Churches of Christ in Asquith has responded to the call of Hornsby's skateboarders for the establishment of a skateboard park. Pastor Gibson runs the Amor Street Youth Centre, which operates an indoor skateboarding centre that is open on Friday afternoons and during school holidays. An article appearing in the Hornsby Advocate of 13 November reported Pastor Gibson as saying:

Skating is something any kid can pick up. In Hornsby Shire there are not many things for kids to do, skating is a simple and fairly cheap way to keep entertained.

MENTAL HEALTH SERVICES

Mr DAVID BARR (Manly) [5.47 p.m.]: Last week I met with the Manly Local Court magistrate to discuss various local issues. He told me that one of his main concerns is the failure of the health system to adequately deal with mentally ill patients. Such people regularly appear before him on criminal charges, and that might not have been the case if the health system had adequately cared for them. It seems there is a twilight zone for people with mental illness who are not sufficiently ill to warrant involuntary detention but are too ill to be adequately cared for in the community. To give an example, recently I met the elderly parents of a man with a dual diagnosis of schizophrenia and drug addiction. He had been an involuntary patient under the Mental Health Act at the east wing of Manly Hospital, but in August he was discharged and voluntarily admitted to Campbell House in the eastern suburbs. It was expected that he would later be transferred to Macquarie Psychiatric Hospital when the new unit was opened.

Unfortunately, he did not like Campbell House and left—much to the distress of his parents. They are deeply concerned about the man's health and safety and asked me to assist in having him involuntarily readmitted to the east wing of Manly hospital until the new unit at Macquarie Hospital was opened. His doctor also preferred this option. I then contacted the area health service on their behalf to see what could be done. The area health service confirmed that the man was on the waiting list to be admitted to Macquarie Hospital but claimed that there was insufficient evidence of a recurrence of psychosis, or evidence that the man posed a danger to himself or to others, for him to be legally involuntarily readmitted to Manly hospital. I was also told that the new beds at Macquarie Hospital would be open in September-October and that a case manager was dealing with the man's case.

The man in question has a history of behaviour that is difficult to manage, and he suffered a drug overdose on the day after he left Campbell House. As a consequence, he was taken off the community treatment order and must now choose whether to continue taking medication. Without medication he can become very difficult and has caused problems while visiting his parents, prompting a warning from the Department of Housing. The parents had taken out an apprehended violence order against their son but had continued to allow him to come home occasionally. They are in an invidious position. The man was recently released from prison and is this week back with his parents. However, they are in great distress and the magistrate told me that he expected to see the man back in court any day.

This is an entirely unsatisfactory state of affairs. The police and the courts should not be forced to deal with people with serious mental health problems as they become discards in the prison system. Last year's upper House committee inquiry into mental illness revealed distressing statistics about the number of people in gaol who suffer from mental illness. One submission cited in the committee's report noted that the policy of deinstitutionalisation had seen the large mental institutions of the pre-1980s replaced with gaols. The inquiry also reported on the front-line role that the police were being forced to play in caring for people with mental illness.

The man in question would more than likely not spend any time in gaol if the health system could deal with him adequately. As it happened, his place at Macquarie Hospital is still not available because of the long waiting list. It also seems that, despite claims to the contrary, no case manager was on the man's case. The failure of the health system to provide adequate care for this poor man means that he is forced to spend time in gaol instead of hospital, adding to the considerable distress of his parents and greatly reducing his chances of 20 November 2003 LEGISLATIVE ASSEMBLY 5499 getting the health care he needs to cope with his illness. This is not just a matter for Manly; it is a statewide issue that must be addressed urgently. I will write to the Minister for Health about it.

ASHFORD CENTRAL SCHOOL

Mr RICHARD TORBAY (Northern Tablelands) [5.51 p.m.]: Some time ago I spoke in this House about the small township of Ashford on the Northern Tablelands, which is fighting back after a series of economic downturns. I visited the town last week and have an inspirational story to tell about how this never-say-die community is producing some astonishingly successful education results. This year, after a tough battle, Ashford Central School won the right to offer years 11 and 12 classes. I congratulate the Minister for Education and Training and his department on that decision. Previously, students who completed year 10 at Ashford had to travel to Inverell for their final two years of education. This involved a journey by bus of two and a half hours per day and did not offer any opportunities for after-school social and sporting activities. It is little wonder that few Ashford students—even some of the brightest—chose to continue beyond year 10.

At the beginning of this year 11 students enrolled in the new year 11 class at Ashford Central School, including four mature-age students. Two mature-age students enrolled in year 12. Of the intake, one mature-age student left to have a baby and will return to studies later, another's family left the district and a third had to withdraw because of family commitments. The rest have continued their studies and will proceed to year 12 next year. Of the 13 students who began the pilot program in Ashford this year only five have indicated that they would have attempted stage 6 at other schools. The previous retention rate of students moving from year 10 in Ashford to year 11 in Inverell has not been high. In 1998 it was 41 per cent, in 1999 it was 55 per cent and in 2000 it was 45 per cent. However, in 2001 it reached zero for the first time. This year, with the two senior years being offered locally, the retention rate is 100 per cent. It is anticipated that 14 out of 15 of this year's year 10 students will move into year 11 at Ashford next year.

Another outstanding result is the retention rate of Aboriginal students. It has been five years since an Ashford Aboriginal student completed the Higher School Certificate [HSC]. However, next year three Aboriginal students will move from year 10 to year 11 with the intention of continuing to complete the HSC. The courses for the new Ashford senior courses are delivered through the Dubbo School of Distance Education, which offers 46 courses to students. The students are taking a total of 22 different subjects. At the end of year 11 the Ashford students have achieved the best results of all the distance education students in the State in advanced English, chemistry, physics, information processes and technology, and industrial technology-wood. They also finished in the top six in extension English, mathematics 2 unit, standard English, business studies, biology, senior science, agriculture, modern history, earth and environmental science and personal development, health and physical education. In some of these subjects Ashford Central School had a number of students in the top six placings in each course.

Their studies are supervised by a dedicated teacher and supported by other teachers at the school. Contact with Dubbo is excellent, involving access through telephone, email, fax, teleconferencing, residential schools and visits to the school by the Dubbo team. When I visited the school last week I spoke to the students about their aspirations. Several intend to go on to university to study science, veterinary science and other subjects. The mature-age students all spoke of their preference to study in their own community, and their determination to succeed has motivated the younger students. Several myths about the great benefits of centralisation have been exploded through the program at Ashford. Students living in remote communities are disadvantaged by having to travel long distances to high school. They gain few social benefits because their time at high school is limited to school hours only and some students who could not gain places in a larger school at year 11 level have dropped out.

The principal of Ashford Central School, Mick Lewis, together with his active parents and citizens association and the school council, have driven the introduction pilot program with determination, and their persistence has paid off already. The assessment so far is as follows: 100 per cent of the staff rate the program a success and 100 per cent of students and parents feel the subject choice is better than at a large high school and rate the support given to students as "very good" and achieving outstanding results. You cannot do much better than that!

Private members' statements noted.

BILL RETURNED

The following bill was returned from the Legislative Council without amendment:

Statute Law (Miscellaneous Provisions) Bill (No 2)

The House adjourned at 5.56 p.m. until Tuesday 2 December at 2.15 p.m. ______