Minutes of Proceedings

309

LEGISLATIVE COUNCIL

MINUTES OF PROCEEDINGS

No. 28

FRIDAY 5 AUGUST 2011

Contents

1 Meeting of the House ...... 310 2 Federal Budget (Formal Business) ...... 310 3 Education Week 2011 (Formal Business) ...... 310 4 General Purpose Standing Committee No. 3—Reference (Formal Business) ...... 311 5 Arncliffe Scots Junior Rugby League Football Club (Formal Business) ...... 311 6 Ramadan (Formal Business) ...... 312 7 Australian Lebanese Chamber of Commerce (Formal Business) ...... 312 8 Mr Barry Palmer AM (Formal Business) ...... 312 9 Sheikhul Islam - Professor Mohamed Qadri (Formal Business) ...... 313 10 Centenary of St Francis Xavier School (Formal Business) ...... 313 11 Daffodil Day (Formal Business) ...... 314 12 Penrith Panthers Women in League (Formal Business) ...... 314 13 Australian Diamonds netball team (Formal Business) ...... 315 14 Sessional Order—Precedence of Business ...... 316 15 Notices of Motions ...... 316 16 Firearms Legislation Amendment Bill 2011 ...... 316 17 Truth in Labelling (Free-range Eggs) Bill 2011 ...... 316 18 Local Government Amendment (Local Democracy – Ward Representation Reform) Bill 2011 ...... 316 19 Suspension of Standing and Sessional Orders—Education Amendment (Ethics Classes Repeal) Bill ...... 317 20 Education Amendment (Ethics Classes Repeal) Bill 2011 ...... 318 21 International Day of Mourning for Workers ...... 319 22 Threatened Species Conservation Amendment (Ecological Consultants Accreditation Scheme) Bill 2011 ...... 319 23 Questions ...... 319 24 Message from the Legislative Assembly—Graffiti Legislation Amendment Bill 2011 ...... 320 25 Special Adjournment ...... 320 26 Business Postponed ...... 320 27 Conduct Division of the Judicial Commission of New South Wales ...... 321 28 Adjournment ...... 321 29 Attendance ...... 321

310 Legislative Council Minutes No. 28—Friday 5 August 2011

1 MEETING OF THE HOUSE

The House met at 9.30 am according to adjournment. The President took the Chair and read the prayers.

2 FEDERAL BUDGET (Formal Business)

Mr Moselmane moved, according to notice:

1. That this House notes that:

(a) the Gillard Federal Government has delivered its first budget, which is on course for surplus in 2012-2013,

(b) the budget has been well received, with economic and political commentators describing it as a tough budget, including Ross Gittens stating that “taken in sum, there are plenty of cuts and savings that suggest some courage in Canberra”, and Peter Hartcher noting that it is not tough but definitely responsible, and a budget that ignores political pandering,

(c) New South Wales reaps the lion's share of road funds and a budget that delivers, in part: (i) $6.6 billion on natural disasters recovery, (ii) $36 billion for roads, railways and ports, (iii) $16.4 billion in additional growth funding for public hospitals over six years, (iv) $1.5 billion for mental health services, (v) $4.3 billion of investments in regional hospitals, health care, universities and roads, (vi) $558 million for the National Workforce Development Fund, (vii) an extra $1.75 billion for vocational education and training, (viii) $233 million for new support programs for the long-term unemployed, (ix) $425 million to reward top performing teachers,

(d) mental health has been a critical issue which all political parties agree needs to be tackled, and

(e) this budget provides a long-awaited mental health package that is most welcome for mental illness prevention, including early intervention for children and adolescents, and provides funds for the Headspace treatment program for young adults and those with mental health problems, including the homeless.

2. That this House:

(a) congratulates the Gillard Federal Government and in particular the Federal Treasurer, the Hon Wayne Swan MP, for his tough but in many ways fair budget, and

(b) conveys special thanks for the Federal Government's focus on mental health and on the provision of significant roads funding to the state of New South Wales.

Question put and passed.

3 EDUCATION WEEK 2011 (Formal Business)

Ms Fazio moved, according to notice: That this House notes:

(a) that Education Week 2011 is being held from 1 to 5 August 2011,

(b) that the theme for Education Week 2011 is ‘New South Wales Public Schools – Creating the Future’,

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(d) that the support of parents and the community is vital to a vibrant education system.

Question put and passed.

4 GENERAL PURPOSE STANDING COMMITTEE NO. 3—REFERENCE (Formal Business)

Ms Faehrmann moved, according to notice:

1. That General Purpose Standing Committee No. 3 inquire into and report on rail infrastructure project costings in New South Wales and in particular:

(a) methodologies used by the Transport Construction Authority, the Treasury and other government agencies to cost rail projects,

(b) ‘concept estimates’ for rail project costs,

(d) cost estimate methodologies applied in other Australian states, by the Australian Rail Track Corporation and internationally,

(e) tendering processes, and

(f) any other related matter.

2. That the committee report by Friday 11 November 2011.

Question put and passed.

5 ARNCLIFFE SCOTS JUNIOR RUGBY LEAGUE FOOTBALL CLUB (Formal Business)

Mr Moselmane moved, according to notice:

1. That this House notes that:

(a) the Arncliffe Scots Junior Rugby League Football Club has been serving rugby league in the St George district since 1926 and this year celebrates its 85th anniversary,

(b) over this period Scots has become one of the most renowned and respected clubs in rugby league,

(c) it has established its name for sportsmanship and fair play and is held in high esteem in the country, by the community, the local council and all rugby league circles, and

(d) last Saturday, 30 July 2011, the club celebrated 50 years of Arncliffe Scots at Cahill Park, Arncliffe and on 13 August 2011, the club will celebrate its 85th anniversary players reunion.

2. That this House congratulates Arncliffe Scots club, board and club members, club officials and all past and present players.

Question put and passed.

312 Legislative Council Minutes No. 28—Friday 5 August 2011

6 RAMADAN (Formal Business)

Mr Moselmane moved, according to notice:

1. That this House notes that:

(a) 1 August 2011 was the first day of Ramadan, the holiest month of the Islamic year, a month of prayers, fasting and charity,

(b) Ramadan is a month of fasting, a month of mercy, forgiveness and compassion, and while observing their fasting, Muslims share the suffering of the poor, the deprived and the vulnerable, and

(c) the month of Ramadan presents all Muslims around the globe with an opportunity to reflect, sacrifice and generously give to those in need.

2. That this House congratulates the Australian Muslim community on the advent of this blessed month of Ramadan and wish all a Ramadan Kareem and Eid Mubarak.

Question put and passed.

7 AUSTRALIAN LEBANESE CHAMBER OF COMMERCE (Formal Business)

Mr Moselmane moved, according to notice:

1. That this House notes that:

(a) the Australian Lebanese Chamber of Commerce was founded in Sydney in 1985,

(b) the first President of the Australian Lebanese Chamber of Commerce was Joe Ghazal, followed by Nick Aboud, Samir El Khalil, Richard Bobb, Michael Rizk, Ron Gedeon, Michael Symond and presently Joe Khattar,

(c) the object of the Australian Lebanese Chamber of Commerce is the promotion and assistance of trade between Australia, Lebanon and all the Middle East, and

(d) the Australian Lebanese Chamber of Commerce is a regular host of business seminars and business luncheons of the high profile level.

2. That this House congratulates Joe Khattar and the board of the Australian Lebanese Chamber of Commerce on their contribution to business in New South Wales.

Question put and passed.

8 MR BARRY PALMER AM (Formal Business)

Ms Fazio moved, according to notice:

1. That this House congratulates Mr Barry Palmer AM on his historic election as the 2nd International Vice President of Lions International.

2. That this House notes that:

(a) Mr Palmer is expected to become International President in 2013, and that is the first time in the Lion's 94 year history that an Australian has been appointed to such a high position in Lions International,

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(b) Mr Palmer was the motivator and instigator behind the successful “The Lions Children’s Mobility Foundation” (also known as the Hart Walker program),

(c) Mr Palmer started the Lions Cord Blood and Childhood Cancer Research project in conjunction with the Children’s Cancers Institute Australia,

(d) Mr Palmer was the founder of the “Education Builds Bridges” project in Indonesia with Durban Lions which now supports 120 children with the help of Lions and the public in Australia, New Zealand, the United States of America and Indonesia, and

(e) Mr Palmer and his wife Anne also support an orphanage in Bangalore India with the help of his club.

Question put and passed.

9 SHEIKHUL ISLAM – PROFESSOR MOHAMED QADRI (Formal Business)

Mr Moselmane moved, according to notice:

1. That this House notes that:

(a) the Honourable Shaoquette Moselmane had the pleasure of hosting a morning tea for Sheikhul Islam-Professor Mohamed Qadri,

(b) Sheikhul Islam is a former Professor of Law and Head of Department of Islamic Jurisprudence and legislation at the University of Punjab, Pakistan, and the founder of Minhajul Quran International, which has branches and centres in more than 90 countries,

(d) the morning tea was also attended by the Shadow Attorney General, the Honourable Paul Lynch and Deputy Opposition Whip in the Legislative Council, the Honourable Lynda Voltz, and

(e) Sheikhul Islam addressed a peace conference in Sydney's west and spoke of Islam as the religion of peace, tolerance and compassion.

2. That this House congratulates:

(a) Sheik Ul Islam-Professor Mohamed Tahir-Ul-Qadri on his message of peace and tolerance, and

(b) Minhaj-Ul-Quran Australia on their services to the Australian Muslim Community.

Question put and passed.

10 CENTENARY OF ST FRANCIS XAVIER SCHOOL (Formal Business)

Mr Moselmane moved, according to notice:

1. That this House notes that:

(a) St Francis Xavier School will celebrate Back to Arncliffe Centenary Day on Sunday 7 August 2011,

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(b) 2011 marks the Centenary of Catholics Education at St Francis Xavier School, Arncliffe,

(c) Arncliffe Centenary Day celebrations will commence with a 9 am Mass and is open to all who have had connection with St Francis Xavier, and

(d) the celebrations will also involve the launch of the book entitled “View from the Tower”, by Greg Davis.

2. That this House congratulates St Francis Xavier School's Principal, Ms Patricia Fahey, Parish priest, Fr Brendan Quirk, all school officials, parents and teachers and all St Francis Xavier school children.

Question put and passed.

11 DAFFODIL DAY (Formal Business)

Ms Ficarra moved, according to notice: That this House:

(a) acknowledges that 2011 is the 25th anniversary of the Cancer Council's Daffodil Day, a day to give hope for a brighter, cancer-free future which also raises funds for vital cancer research, prevention programs and support services,

(b) notes that in 2011: (i) the Cancer Council will contribute around $50 million for cancer research and take around 100,000 calls on the Cancer Council Helpline, (ii) will distribute over half a million publications to inform patients, family and friends about cancer treatment and support options and provide advice on cancer prevention through a range of public education programs, and

(c) congratulates the Cancer Council on their excellent work in continuing to support research and maintain prevention programs and support services for patients, family and friends of those diagnosed with cancer.

Question put and passed.

12 PENRITH PANTHERS WOMEN IN LEAGUE (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House notes that:

(a) on 20 June 2011, the Penrith Panthers Women in League held a Charity Lunch to recognise womens’ involvement in rugby league and raise funds for the Jane McGrath Foundation which provides funding for McGrath Breast Care Nurses nationally, with particular emphasis on rural and regional areas right across Australia,

(b) in the spirit of the fundraiser for Breast Cancer, the Penrith Panthers players swapped their traditional black Panthers’ strip for an eye-catching pink strip and the Penrith Panthers home ground, Centrebet Stadium, was also given the new name of McGrath Foundation Stadium for the week,

(c) the Penrith Panthers Women in League since its inception in 2006 have raised over $200,000 with funds donated to the Panthers on the Prowl Foundation, which helps local children who are at risk of disengaging with the education system, the Penrith Women’s Refuge and St Vincent’s de Paul, and

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(d) due to the generosity of the 270 guests in attendance at the 2011 fundraiser more than $15,000 was raised.

2. That this House congratulates and acknowledges the organisers, special guests and contributors to the event, particularly:

(a) organisers of the event, Diane Langmack, Jill Hoff, Maddie Hoff, Anne McLaren, Chris Rhind and Jenny Matthews,

(b) the Master of Ceremonies, Channel Nine’s Tim Gilbert,

(d) the Director of the Museum of Contemporary Art, Liz Ann Macgregor OBE,

(e) the Managing Director of Harvey Norman, Katie Page,

(f) Professor John Rasko, a pioneer of gene cell research, from the Cure the Future organization and Royal Prince Alfred Hospital,

(g) Don Feltis, John Hiatt, Ric Simpson, Phil Gould, Luke Lewis, Michael Jennings and Michael Gordon, and

(h) sponsors Sanyo, Centrebet, ISC, Abcoe, York Jewellers, Astute Training and the Premier Communications Group.

Question put and passed.

13 AUSTRALIAN DIAMONDS NETBALL TEAM (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House notes that:

(a) on 10 July 2011 the Australian Diamonds won the World Netball Championships against New Zealand, 58 to 57 goals,

(b) the Australian Team consisted of Natalie von Bertouch, Catherine Cox, Caitlin Bassett, Chelsea Pitman, Erin Bell, Julie Corletto, Kimberlee Green, Laura Geitz, Mo'onia Gerrard, Natalie Medhurst, Sharni Layton, Susan Fuhrmann, Coach Norma Plummer, Assistant Coach - Specialist Coach Nicole Cusack, Assistant Coach - Specialist Coach Roselee Jencke, Team Manager Margaret Molina, Team Doctor Kath Gaffney, Physiotherapist Sean Mungovan, Massage Therapist Matt Durston and Performance Analyst Tara Handke,

(c) the International Federation of Netball Associations (IFNA) selected five Australian Umpires to officiate at the World Championships, being Sharon Kelly, Clare McCabe and Rachel Ayre of New South Wales; Paula Ferguson of Western Australia; and Kate Wright of Victoria, and

(d) that Sydney won its bid to be the host of the 2015 World Netball Championships.

2. That this House congratulates the Australian Diamonds on becoming World Champions, Netball Australia and Australian Sports Commission for their outstanding work and thanks all those who officiated and administered the 2011 World Netball Championships.

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Question put and passed.

14 SESSIONAL ORDER—PRECEDENCE OF BUSINESS

Mr Gay sought the leave of the House to move a motion forthwith relating to an amendment to the sessional order for the precedence of business.

No objection taken.

Leave granted.

Mr Gay moved, by leave and without notice: That the sessional order relating to the precedence of business be amended by omitting “3.30 pm on the fourth sitting day” in paragraph 1 and inserting instead “3.00 pm on the fourth sitting day”.

Question put and passed.

15 NOTICES OF MOTIONS

16 FIREARMS LEGISLATION AMENDMENT BILL 2011

Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Borsak: That this bill be now read a second time.

Motion made (Revd Mr Nile speaking) and question: That this debate be now adjourned until Friday 9 September 2011—put and passed.

17 TRUTH IN LABELLING (FREE-RANGE EGGS) BILL 2011

Dr Kaye moved, according to notice: That leave be given to bring in a bill for an Act to define, and to regulate the labelling of, free-range eggs.

Question put and passed.

Bill presented.

Bill read a first time and ordered to be printed.

Dr Kaye then moved: That this bill be now read a second time.

Debate ensued.

Motion made (Dr Phelps) and question: That this debate be now adjourned until five calendar days ahead—put and passed.

18 LOCAL GOVERNMENT AMENDMENT (LOCAL DEMOCRACY – WARD REPRESENTATION REFORM) BILL 2011

Mr Shoebridge moved, according to notice: That leave be given to bring in a bill for an Act to amend the Local Government Act 1993 to provide for a minimum of 3 councillors for each ward of a local council; and for other purposes.

317 Legislative Council Minutes No. 28—Friday 5 August 2011

Question put and passed.

Bill presented.

Bill read a first time and ordered to be printed.

Mr Shoebridge then moved: That this bill be now read a second time.

Debate ensued.

Motion made (Ms Voltz) and question: That this debate be now adjourned until five calendar days ahead—put and passed.

19 SUSPENSION OF STANDING AND SESSIONAL ORDERS—EDUCATION AMENDMENT (ETHICS CLASSES REPEAL) BILL

On the President calling on the Clerk to read the order of the day, Revd Mr Nile moved, according to contingent notice: That standing and sessional orders be suspended to allow a motion to be moved forthwith that private members’ business item no. 9 in the order of precedence relating to the Education Amendment (Ethics Classes Repeal) Bill be called on forthwith.

Debate ensued.

Question put.

The House divided.

Ayes 17

Mr Ajaka * Mr Gallacher Mrs Maclaren-Jones Mr Blair Miss Gardiner Mr Mason-Cox Mr Borsak Mr Gay Revd Mr Nile Mr Brown Mr Green Mr Pearce Ms Cusack Mr Khan Dr Phelps * Ms Ficarra Mr MacDonald * Tellers

Noes 14

Ms Barham Dr Kaye Mr Shoebridge Mr Buckingham Mr Primrose Mr Veitch Ms Cotsis Mr Searle Ms Voltz * Ms Faehrmann Mr Secord * Ms Westwood Mr Foley Ms Sharpe * Tellers

Pairs

Mr Clarke Mr Roozendaal Mr Colless Mr Donnelly Mr Lynn Ms Fazio Mrs Mitchell Mr Moselmane Mrs Pavey Mr Whan

Question resolved in the affirmative.

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Revd Mr Nile then moved: That private members’ business item no. 9 in the order of precedence be called on forthwith.

Question put and passed.

20 EDUCATION AMENDMENT (ETHICS CLASSES REPEAL) BILL 2011

Revd Mr Nile moved, according to notice: That leave be given to bring in a bill for an Act to amend the Education Act 1990 to repeal the provision inserted by the Education Amendment (Ethics) Act 2010 allowing special education in ethics as a secular alternative to special religious education at government schools.

Question put and passed.

Bill presented.

Bill read a first time and ordered to be printed.

Revd Mr Nile then moved: That this bill be now read a second time.

Debate ensued.

Mr Green moved: That this debate be now adjourned until Friday 16 September 2011.

Debate ensued.

Question put.

The House divided.

Ayes 17

Noes 14

Ms Barham Dr Kaye Mr Shoebridge Mr Buckingham Mr Primrose Mr Veitch Ms Cotsis Mr Searle Ms Voltz * Ms Faehrmann Mr Secord * Ms Westwood Mr Foley Ms Sharpe * Tellers

Pairs

Mr Clarke Mr Roozendaal Mr Colless Mr Whan Mr Lynn Ms Fazio Mrs Mitchell Mr Donnelly Mrs Pavey Mr Moselmane

319 Legislative Council Minutes No. 28—Friday 5 August 2011

Question resolved in the affirmative.

21 INTERNATIONAL DAY OF MOURNING FOR WORKERS

Order of the day read for resumption of the interrupted debate of the question on the motion of Ms Cotsis:

1. That this House notes that:

(a) 28 April was the International Day of Mourning for Workers, or Workers Memorial Day,

(b) this is a day to mourn, honour and pay tribute to all workers killed at or by work,

(d) a collaborative approach to workplace safety is the best way to reduce the incidence of death and injury in our workplaces.

2. That this House calls on both sides of politics to focus and reflect on workplace illness, injury and death and their causes.

Debate resumed.

Question put and passed.

22 THREATENED SPECIES CONSERVATION AMENDMENT (ECOLOGICAL CONSULTANTS ACCREDITATION SCHEME) BILL 2011

Ms Faehrmann moved, according to notice: That leave be given to bring in a bill for an Act to amend the Threatened Species Conservation Act 1995 to provide for an accreditation scheme in respect of persons who prepare or carry out species impact statements and other ecological assessments and surveys.

Question put and passed.

Bill presented.

Bill read a first time and ordered to be printed.

Ms Faehrmann then moved: That this bill be now read a second time.

Debate ensued.

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According to sessional order, proceedings interrupted at 2.00 pm for Questions. ______

23 QUESTIONS

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According to sessional order, proceedings interrupted at 3.00 pm for adjournment. ______

320 Legislative Council Minutes No. 28—Friday 5 August 2011

______

The House continued to sit. ______

24 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—GRAFFITI LEGISLATION AMENDMENT BILL 2011

The President reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Graffiti Control Act 2008 and other Acts to make further provision with respect to the punishment of graffiti offences and removal or obliteration of graffiti; and for other purposes” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 5 August 2011 Speaker

Bill, on motion of Mr Gallacher, read a first time and ordered to be printed.

Mr Gallacher moved, according to contingent notice: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House.

Question put and passed.

Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.

25 SPECIAL ADJOURNMENT

Mr Gallacher moved: That this House at its rising today do adjourn until Tuesday 9 August 2011 at 2.30 pm.

Debate ensued.

Ms Fazio moved: That the question be amended by omitting “Tuesday 9 August 2011 at 2.30 pm” and inserting instead “Monday 8 August 2011 at 11.00 am”.

Debate continued.

Question: That the amendment of Ms Fazio be agreed to—put and negatived.

Original question—put and passed.

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According to sessional order, government business given precedence. ______

26 BUSINESS POSTPONED

Order of the day no. 1 on the Notice Paper of government business postponed, on motion of Mr Gay, until next sitting day.

321 Legislative Council Minutes No. 28—Friday 5 August 2011

27 CONDUCT DIVISION OF THE JUDICIAL COMMISSION OF NEW SOUTH WALES

On the order of the day for consideration of the Legislative Assembly’s message of 2 August 2011 being read, Mr Gay moved: That, according to clause 4 of Schedule 2A of the Judicial Officers Act 1986, this House concurs with the nomination of Ken Moroney AO APM and Rosemary Sinclair AO as community representatives for appointment to a panel of the Conduct Division of the Judicial Commission of New South Wales.

Question put and passed.

Mr Gay then moved: That the following message be forwarded to the Legislative Assembly:

Madam SPEAKER

The Legislative Council desires to inform the Legislative Assembly that, having considered the Legislative Assembly’s message of 2 August 2011, it has agreed to the following resolution:

That, according to clause 4 of Schedule 2A of the Judicial Officers Act 1986, this House concurs with the nomination of Ken Moroney AO APM and Rosemary Sinclair AO as community representatives for appointment to a panel of the Conduct Division of the Judicial Commission of New South Wales.

Legislative Council DON HARWIN 5 August 2011 President

Question put and passed.

28 ADJOURNMENT

Mr Gay moved: That this House do now adjourn.

Debate ensued.

Question put and passed.

The House adjourned at 3.59 pm until Tuesday 9 August 2011 at 2.30 pm.

29 ATTENDANCE

All members present, except Mr Clarke, Mr Lynn and Mrs Pavey.

Lynn Lovelock Clerk of the Parliaments

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Authorised by the Parliament of New South Wales