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Legislative Council 12789 LEGISLATIVE COUNCIL Thursday 14 June 2012 __________ The President (The Hon. Donald Thomas Harwin) took the chair at 9.30 a.m. The President read the Prayers. Pursuant to sessional orders Formal Business Notices of Motions proceeded with. BUSINESS OF THE HOUSE Formal Business Notices of Motions Private Members' Business items Nos 599, 606 and 720 outside the Order of Precedence objected to as being taken as formal business. FAIRFAX MEDIA RESTRUCTURE Dr JOHN KAYE [9.33 a.m.]: I move: 1. That this House notes with concern: (a) the proposal by Fairfax management to restructure operations at the Illawarra Mercury and Newcastle Herald and outsource a total of 66 local jobs in editorial production to New Zealand, and (b) the impacts that this proposal would have on news and current affairs reporting in New South Wales' second and third largest cities and the consequent impacts on the quality public debate across the state. 2. That this House calls on Fairfax management to abandon these changes. Question—That the motion be agreed to—put. Division called for. Call for a division, by leave, withdrawn. Motion agreed to. SYDNEY HOMELESS CONNECT Motion by the Hon. GREG DONNELLY agreed to: 1. That this House notes that: (a) on Tuesday 5 June 2012, Sydney Homeless Connect was held at Sydney's Town Hall, and (b) this was the third year that the annual event has been held, providing free services for the homeless and those at risk of homelessness. 2. That this House notes that: (a) the event was supported by more than 100 donor organisations and specialist homeless services, (b) the event once again offered everything from ear checks and podiatry to haircuts, flu jabs and a hearty meal, to help with paperwork, applying for a job or getting advice on health issues and legal questions, and (c) Sydney Homeless Connect is a 100 per cent not-for-profit organisation, all services are donated freely and no-one associated with staging Sydney Homeless Connect receives any payment for the services provided. 3. That this House expresses its thanks and appreciation to both founder Andrew Everingham and Peter Durie, directors of Sydney Homeless Connect, and all support organisations and personnel who participated on the day, as their efforts on behalf of the homeless in New South Wales is a wonderful example to all. 12790 LEGISLATIVE COUNCIL 14 June 2012 GENERAL PURPOSE STANDING COMMITTEE NO. 5 Authority to Make Visits of Inspection Motion by the Hon. Robert Brown agreed to: That, for the purpose of its current inquiry into the management of public land in New South Wales, General Purpose Standing Committee No. 5 have power, with the approval of the President, to make visits of inspection in Victoria. SPECIAL ADJOURNMENT Motion by the Hon. Duncan Gay agreed to: That this House at its rising today do adjourn until Tuesday 19 June 2012 at 2.30 p.m. SESSIONAL ORDERS Days and Hours of Sitting Motion by the Hon. Michael Gallacher agreed to: That the sessional order for the interruption to permit a motion for the adjournment to be moved be amended by omitting "6.30 p.m. on Tuesday" and inserting instead "7.00 p.m. on Tuesday". BUSINESS OF THE HOUSE Suspension of Standing and Sessional Orders: Order of Business The Hon. HELEN WESTWOOD [9.48 a.m.]: I move: That standing and sessional orders be suspended to allow a motion to be moved forthwith that Private Members' Business item No. 752 outside the Order of Precedence relating to a Select Committee on the Defence of Provocation be called on forthwith. This matter is urgent because, as members are aware, a judgement in a case that was widely reported last week has caused a great deal of concern in the community. I am sure members have received representations from the community about this matter, and particularly from those advocating on behalf of victims of domestic violence. The judgement has raised concerns about this State's law as it relates to the defence of provocation. Its use in cases involving murder and domestic violence is of particular concern. This matter is urgent because it is our responsibility as legislators to review the laws of this State when our community calls upon us to do so. I believe that members are of a mind to support this motion so I will not take up any more time of the House. Question—That the motion be agreed to—put and resolved in the affirmative. Motion agreed to. Order of Business Motion by the Hon. Helen Westwood agreed to: That Private Members' Business item No. 752 outside the Order of Precedence be called on forthwith. SELECT COMMITTEE ON THE DEFENCE OF PROVOCATION Establishment The Hon. HELEN WESTWOOD [9.49 a.m.]: I seek leave of the House to amend Private Members' Business item No. 752 outside the Order of Precedence by deleting paragraphs 3 and 4 and inserting instead: 3. That notwithstanding anything to the contrary in the standing orders, the committee consist of seven members as follows: (a) three Government members. (b) two Opposition members who will be Mr Searle and Ms Westwood, and (c) two Cross Bench members who will be Revd Mr Nile and Mr Shoebridge. 4. That notwithstanding anything to the contrary in the standing orders, the Chair of the committee will be Revd Mr Nile and the Deputy Chair will be elected at the first meeting of the committee. Leave granted. 14 June 2012 LEGISLATIVE COUNCIL 12791 Accordingly, I move: 1. That this House notes ongoing concerns regarding the use of provocation as a partial defence to a charge of murder. 2. That a select committee be appointed to inquire into and report on: (a) the retention of the partial defence of provocation including: (i) abolishing the defence, (ii) amending the elements of the defence in light of proposals in other jurisdictions, (b) the adequacy of the defence of self-defence for victims of prolonged domestic and sexual violence, and (c) any other related matters. 3. That notwithstanding anything to the contrary in the standing orders, the committee consist of seven members as follows: (a) three Government members. (b) two Opposition members who will be Mr Searle and Ms Westwood, and (c) two Cross Bench members who will be Revd Mr Nile and Mr Shoebridge. 4. That notwithstanding anything to the contrary in the standing orders, the Chair of the committee will be Revd Mr Nile and the Deputy Chair will be elected at the first meeting of the committee. 5. That notwithstanding anything contained in the standing orders, at any meeting of the committee four members will constitute a quorum. 6. That a committee member who is unable to attend a deliberative meeting in person may participate by electronic communication and may move any motion and be counted for the purpose of any quorum or division, provided that: (a) the Chair is present in the meeting room, (b) all members are able to speak and hear each other at all times, and (c) a member may not participate by electronic communication in a meeting to consider a draft report. 7. That the committee report by 21 November 2012. This is a very serious social issue and one I believe about which many members have great concerns. This House has a history of reviewing our laws where they are out of step with the community's expectations. In the case last week in which a man was sentenced to six years for the murder of his wife when, in anger, he lost control and slit that woman's throat a number of times with a box cutter, the sentence was absolutely out of step with what our community expects. It appears to me outrageous that people can claim they were so enraged or angered by emotions of jealousy that they can take a box cutter to their wife's throat and then under our laws be sentenced to six years imprisonment. Understandably, I think—absolutely justifiably—the family of this woman is outraged and disgusted, and has said so. As legislators it is our responsibility to review these laws, take evidence from experts and particularly from victims and victims' families who have been so hurt by judgements such as this. To be fair to the courts, they have to make judgements that are in keeping with the laws that we as legislators have given them. This case highlights to me why these laws must be reviewed. Some argue that this matter should be referred to the Law Reform Commission but the issue has been before the Law Reform Commission. This can involve many months, sometimes years, and as a result of the work of the Law Reform Commission there has been no review of or change to these laws to reflect what our community now expects. I have received representations from advocates for victims of domestic violence. They are calling on us as legislators to review these laws. There is enough evidence out there. Many are willing to provide evidence to a select committee. I hope that the committee's recommendations to the House are acted upon and result in a change to the laws so that they reflect the views of the community. I urge members of the House to support this motion. I know there is a view that way, and I thank members for their support for this motion. I will not take up too much time of the House. The proposed reporting date for the select committee is the end of November. We will be able to take a great deal of data and submissions and come back to the House with a report that recommends reforms to our laws that are in keeping with our community's expectation.
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