Notice Paper

2817

LEGISLATIVE COUNCIL

NOTICE PAPER

No. 72

THURSDAY 23 SEPTEMBER 2004

The House meets this day at 11.00 am

Contents

Business of the House—Notices of Motions...... 2818 Private Members’ Business ...... 2818 Items in the Order of Precedence ...... 2818 Items Outside the Order of Precedence...... 2822 Government Business—Notices of Motions ...... 2873 Government Business—Orders of the Day ...... 2873 Committee Reports—Orders of the Day ...... 2874 Budget Estimates—Take Note Debate ...... 2874 Contingent notices of motions...... 2875

2818 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

BUSINESS OF THE HOUSE—NOTICES OF MOTIONS

1. Mr Ryan to move—

That under section 41 of the Interpretation Act 1987, this House disallows the Children’s Services Regulation 2004 published in Government Gazette No. 87, dated 21 May 2004, page 2925, and tabled in this House on 1 June 2004.

(Notice given 21 September 2004)

______

PRIVATE MEMBERS’ BUSINESS

ITEMS IN THE ORDER OF PRECEDENCE

*1. Family Impact Commission Bill 2003: resumption of the adjourned debate (31 August 2004) of the question on the motion of Revd Mr Nile: That this bill be now read a second time—Ms Pavey. (20 minutes remaining).

Adjourned until 21 October 2004

2. Mr Tingle to move—

That leave be given to bring in a Bill for an Act to amend the Crimes Act 1900 to create an offence of making vexatious or frivolous applications for apprehended violence orders; to amend the Firearms Act 1996 with respect to the effect of apprehended violence orders; and for other purposes.

(Crimes and Firearms Legislation Amendment (Apprehended Violence Orders) Bill)

(Notice given 24 June 2003)

(First postponement 2 September 2004)

3. Millennium Trains—Disclosure of documents: resumption of the interrupted debate (16 September 2004) of the question on the motion of Mr Pearce:

1. That this House:

(a) notes that certain public documents tabled in this House in accordance with the resolution for an order for papers dated 7 May 2003, in relation to the Government’s tender for procurement of and management of the contract for acquisition of the Millennium trains, disclose:

(i) the Design, Build and Maintenance contract for Stage 1 Millennium Train cars, dated 8 October 1998 (“the Contract”), and approved by the Budget Committee of Cabinet on 29 June 1998, was awarded despite specific warnings given to the Premier and other Ministers about significant and unacceptable risk in the proposed procurement,

(ii) expenditure of $8.9 million was approved by the State Rail Authority (SRA) Board on 31 January 2002, and by the former Transport Minister Scully on 11 2819 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

February 2002, for settlement of so-called “claims” for extension of time and additional costs by the Millennium Trains’ contractor including the approval of an expected total for Stage 1 ( including foreign exchange, escalation and approved variations) of $20 million and a total for all 3 stages limited to $35 million, although necessary contractural provisions for such “claims” had not been followed,

(iii) the delivery of the first Millennium Train set on 30 June 2002 and sets 2 and 3 in July and September 2002 respectively, were accepted, and payment of approximately $10 million for each of Sets 1 and 2 by the SRA, and by Treasury for Set 3, was made, even though the “claims” referred to above remained unresolved,

(iv) the entry Deed of Variation and the grant of Stage 2 contract in November 2002 were entered into, notwithstanding the January 2002 decisions, further delays and advice from Rail Infrastructure Corporation (RIC), with the decisions of the SRA Board and the Budget Committee of Cabinet agreeing to a settlement with EDI Rail in October 2002 including:

(a) a lump sum upfront payment contrary to the conditions of the tender and the contract of $30 million approved by Treasurer Egan to cover finance charges, such payment being disguised as an advanced payment for design and development costs, which potentially misled the Swedish financiers of the train and disadvantaged other tenderers, and

(b) no liquidated damages despite $114 million extra costs, and 409 days extension of time, with the revised delivery still 13.5 months late.

(v) the failure of former Transport Minister Scully and the SRA to enforce the provisions of the Millennium train contract in relation to variations, defaults and delays, and the delay in the process of obtaining of advice on settlement, which was only obtained after commercial agreement,

(vi) the failure of former Transport Minister Scully and the SRA to enforce liquidated damages provisions of the contract, noting that following the failure of EDI Rail to meet the initial delivery date 4 January 2001, Mr Ron Christie, the Acting CEO, informed Minister Scully that the SRA would maintain pressure on EDI Rail to deliver trains on schedule, and that up to $10 million would be available in liquidated damages and further that EDI Rail would have to assume the financial costs of delay.

(b) notes that certain documents provided with the return to order remain privileged, are available only to members and may not be published without an order of the House.

2. That, in order to ensure that there can be a full and proper investigation of whether the conduct of any public official in relation to these matters amounted to corrupt conduct or conduct liable to allow, encourage or cause the occurrence of corrupt conduct, the House authorises:

(a) any member of the House to disclose the contents of the privileged documents in the custody of the Clerk to the Independent Commission Against Corruption,

(b) the Commissioner of the Independent Commission Against Corruption, by communication in writing to the Clerk, to inspect the privileged documents and make copies—Mr Pearce speaking. (7 minutes remaining)

Debate—2 hours 37 minutes remaining.

2820 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

4. Ms Hale to move—

That this House:

(a) calls on the Federal Government to review schedule 3 of the Telecommunications Act 1997 and its ‘Low Impact Facilities’ determination, that currently exempts telecommunications companies from planning laws for certain facilities,

(b) calls on State and Federal government agencies to address the current deplorable state of enforcement of current laws relating to the installation of mobile phone towers,

(c) calls on the State Government to introduce legislation consistent with European guidelines that bans the installation of 3G mobile phone towers within 300 metres of any school ground, and

(d) calls on local councils to introduce Development Control Plans requiring Development Consent for all mobile phone tower installations.

(Notice given 11 November 2003)

5. Ms Fazio to move—

1. That this House condemns the Federal Government:

(a) for its failure to provide adequate funding for aged care services in New South Wales,

(b) for its failure to address the growing needs of our ageing community, especially in regards to care for dementia sufferers, which places an undue burden on the families of these aged people,

(d) for its failure to recognise that many aged people can languish in public hospital beds long after their medical needs have been attended to because no appropriate accommodation is available in an aged care facility.

2. That this House calls on the Federal Government to initiate bi-partisan talks with the State Government to address these needs rather than continue to deny that any problem exists.

(Notice given 24 June 2003)

6. Ms Cusack to move—

That leave be given to bring in a Bill for an Act to establish a register of government school assets and to provide for the preparation of school status reports and building plans; and for other purposes.

(Government School Assets Register Bill)

(Notice given 24 February 2004)

2821 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

7. Mr Jenkins to move—

That leave be given to bring in a Bill for an Act to amend the Wilderness Act 1987 with respect to the control and management of feral animals and noxious weeds in wilderness areas; and for other purposes.

(Wilderness Amendment Bill)

(Notice given 6 May 2004)

8. Ms Burnswoods to move—

This House notes with concern the rising incidence of obesity in children and young people and congratulates the Carr Government on its recently announced Healthy School Canteen strategy as one part of its response to the 2002 Childhood Obesity Summit.

(Notice given 29 October 2003)

9. Miss Gardiner to move—

That this House takes note of the 12 February 2004 editorial in “The Land”, which states that:

(a) the forced merger of Sydney and South Sydney councils “smells of crass politics as Labor moves to hand the Sydney Lord Mayoral robes back to a party hack”,

(b) the “normally silent” Hon. Tony Kelly should be replaced as Local Government Minister,

(c) it “would pleasantly shock us if he (Mr Kelly) had any contribution to make to this (the forced amalgamations issue) or any other debate about key issues confronting the bush”,

(d) “the push for mergers should be stopped in its tracks”,

(e) “the mergers will achieve few savings (if any) and will just weaken a bunch more small country centres”,

(f) “Local government is the major driver of growth and change in districts across the country”,

(g) “Frankly, Mr Carr and his largely dysfunctional ministry have been under-achievers, particularly in non-metropolitan NSW”,

(h) “Sydney’s public transport, health and education systems are under stress from years of neglect while lawlessness is a major problem in some suburbs”,

(i) “Sydney suburban rail services have been in a shambles…The downturn in rail generally in NSW provides a typical example of how the Carr Government can’t tackle a problem and see it through to a proper conclusion”,

(j) “You would have thought the Carr Government would have had more urgent priorities than picking on country councils and dressing up its victimisation of them as a brave and vital reform” and

(k) “The Carr Government needs to go back to the drawing board to develop some real priorities and policies or, alternatively, to go back to the polls”.

(Notice given 24 February 2004)

* Council Bill 2822 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

ITEMS OUTSIDE THE ORDER OF PRECEDENCE

1. Dr Chesterfield-Evans to move—

That this House views with concern the passage by the Congress of the United States of America of Resolution 2646, the Agriculture, Conservation and Rural Enhancement Act of 2002 which provides subsidies to American farmers that:

(a) will distort world commodity prices thereby affecting the livelihood of New South Wales farmers and member states of the Cairns Group, and

(b) contradicts the free-market agenda espoused by successive Presidential administrations.

(Notice given 30 April 2003)

2. Mr Oldfield to move—

That leave be given to bring in a Bill for an Act to provide for a referendum in relation to the death penalty for certain heinous crimes.

(Referendum (Death Penalty) Bill)

(Notice given 30 April 2003)

3. Dr Chesterfield-Evans to move—

That leave be given to bring in a Bill for an Act to amend the Crimes Act 1900 with respect to corporate manslaughter; and for other purposes.

(Crimes Amendment (Corporate Manslaughter) Bill)

(Notice given 30 April 2003)

4. Mr Breen to move—

That this House calls on the Attorney General to undertake a review of the operations of the New South Wales Innocence Panel with particular reference to:

(a) powers to compel a private individual who is not on the CrimTrac database to provide a forensic sample for DNA analysis and possible matching to a DNA profile identified by the Division of Analytical Laboratories (DAL) or other accredited laboratory,

(b) protocols in place to allow a laboratory to be recognised by the panel, to identify particular skills and technologies available to the laboratory and to make decisions as to the appropriate cases to be referred to each laboratory,

(c) procedures to be adopted when a DNA profile has been identified in one State or Territory and the panel seeks to identify a matching DNA profile from another State or Territory,

(d) processes used by the DAL to identify a DNA profile and whether those processes could irreparably damage remaining biological material so as to preclude further analysis of the material using later technology,

(e) potential conflicts of interest for police investigators who convey forensic material to and from the DAL, have custody of the material before, during and after court proceedings and ultimately make decisions about disposal of the material, 2823 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(f) perceived conflicts of interest for the Director of Public Prosecutions who is a member of the panel with decision-making powers and at the same time the authority who makes decisions on the evidence used to convict a prospective applicant to the panel,

(g) calculating the cost of DNA profiling, determining who bears that cost and deciding whether the work of the panel is compromised if the whole or any part of the cost is born by police, and

(h) assessing the independence of the panel generally, and if conflicts and/or perceived conflicts exist, considering whether the work of the panel should be undertaken by an independent and separately funded State Institute of Forensic Services.

(Notice given 30 April 2003)

5. Dr Chesterfield-Evans to move—

That the Standing Committee on Social Issues inquire into and report on:

(a) the role of the New South Wales Government in providing services for asylum seekers in the Villawood Detention Centre and refugees on Temporary Protection Visas residing in New South Wales, and

(b) financial contributions between the State and the Commonwealth.

(Notice given 30 April 2003)

6. Mr Breen to move—

1. That this House considers that, in speaking in the House or in a committee, members should take the following matters into account:

(a) the need to exercise their valuable right of freedom of speech in a responsible manner,

(b) the damage that may be done by allegations made in Parliament to those who are the subject of such allegations and to the standing of Parliament,

(d) the need for members, while fearlessly performing their duties, to have regard to the rights of others, and

(e) the desirability of ensuring that statements reflecting adversely on persons are soundly based.

2. That the President, whenever the President considers that it is desirable to do so, may draw the attention of the House to the spirit and the letter of this resolution.

(Notice given 30 April 2003)

7. Dr Chesterfield-Evans to move—

1. That this House notes the significance of allegations raised by Dr Ted Steele of Wollongong University and others about declining academic standards and the inappropriate influence on academic grading in New South Wales universities.

2824 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

2. That this House recognises:

(a) the importance of quality tertiary education in the economic and social development of New South Wales,

(b) the significance of New South Wales educational institutions in developing and promoting education services as an export industry, and

(c) that any economic or cultural gains for New South Wales will be jeopardised by any perceived slide in education standards.

3. That this House calls upon:

(a) all universities in New South Wales to maintain and improve their academic standards,

(b) all members who are on University Senates, Councils or Boards to report back to this House on how their respective institutions plan to maintain or improve academic standards of students, and

(c) the Government to request the Federal Government to convene a COAG Task Force to consider what measures may be taken to protect educational standards.

(Notice given 30 April 2003)

8. Dr Chesterfield-Evans to move—

That this House confirms the concept of separation of church and state.

(Notice given 30 April 2003)

9. Dr Chesterfield-Evans to move—

That leave be given to bring in a Bill for an Act to provide for the establishment and functions of a Local Government Legislative Review Committee of Parliament to facilitate Parliament’s consideration of the potential impact of Bills on local government, and for other purposes.

(Local Government (Review of Legislative Proposals) Bill)

(Notice given 30 April 2003)

10. Mr Oldfield to move—

That leave be given to bring in a Bill for an Act to amend the Firearms Act 1996 to make further provision with respect to the control and regulation of firearms; and for other purposes.

(Firearms Amendment (Miscellaneous Reforms) Bill)

(Notice given 30 April 2003)

2825 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

11. Mr Oldfield to move—

That leave be given to bring in a Bill for an Act to amend the Crimes Act 1900 to provide for mandatory minimum sentences for certain crimes of violence; and for other purposes.

(Crimes Amendment (Mandatory Minimum Sentences for Violent Crimes) Bill)

(Notice given 30 April 2003)

12. Mr Oldfield to move—

That leave be given to bring in a Bill for an Act to amend the Firearms Act 1996 to include personal protection as a genuine reason for obtaining a firearms licence; and for other purposes.

(Firearms Amendment (Self-defence) Bill)

(Notice given 30 April 2003)

13. Dr Chesterfield-Evans to move—

That leave be given to bring in a Bill for an Act to provide for advance medical directives.

(Powers of Attorney (Advance Medical Directives) Bill)

(Notice given 30 April 2003)

14. Mr Cohen to move—

That leave be given to bring in a Bill for an Act to amend the Parliamentary Electorates and Elections Act 1912 so as to reduce the minimum voting age from 18 years to 16 years; and for other purposes.

(Parliamentary Electorates and Elections Amendment (Voting Age) Bill)

(Notice given 8 May 2003)

15. Mr Cohen to move—

That this House calls on the Government:

(a) to match the Queensland Government’s land clearing moratorium announcement and put a temporary hold on all new land clearing applications in New South Wales until the Wentworth Model plan for natural resource management is implemented,

(b) to ensure that all available resources are utilised in an effort to stop illegal land clearing in New South Wales.

(Notice given 20 May 2003)

16. Mr Gallacher to move—

That this House:

(a) notes the decision of the Peats Branch of the Australian Labor Party to elect member for Peats Marie Andrews and Mr Bill McGilchrist as delegates to the ALP State Conference, 2826 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(b) notes that the other nominee, the Special Minister of State and Minister Assisting the Premier on the Central Coast, was not successful in his bid to have his local ALP branch endorse him as their delegate,

(c) congratulates the Peats Branch of the Australian Labor Party for their astute choice of delegates to the ALP State Conference,

(d) offers commiserations to the Special Minister of State on failing to gain endorsement from his local party faithful.

(Notice given 27 May 2003)

17. Ms Hale to move—

That this House:

(a) recognizes that the unfiltered ventilation system on the M5 East Tunnel poses an ongoing threat to the health of nearby residents and to the 100,000 motorists who use the tunnel daily,

(b) recognizes that in-tunnel filtration should be installed as a matter of urgency,

(d) calls on the Government to respond to, and implement, the recommendations in the third inquiry into the M5 East Tunnel, tabled in December 2002.

(Notice given 27 May 2003)

18. Ms Rhiannon to move—

That leave be given to bring in a Bill for an Act to amend the Mining Act 1992 so as to prohibit cyanide leach processing of ores; and for related purposes.

(Mining Amendment (Cyanide Leaching) Bill)

(Notice given 27 May 2003)

19. Mr Tingle to move—

That leave be given to bring in a Bill for an Act to amend the National Parks and Wildlife Act 1974 to specify the minimum requirements concerning bushfire management in relation to land reserved under the Act; and for other purposes.

(National Parks and Wildlife Amendment (Bushfire Hazard Reduction) Bill)

(Notice given 24 June 2003)

20. Ms Rhiannon to move—

That this House:

(a) recognises that Harvard University research shows that:

2827 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(i) only two of the world’s 10 deadliest mass shootings were carried out with illegal weapons—those at Port Arthur in 1996 and Columbine High School, Colorado, in 1999, and

(ii) 86% of mass shootings conducted around the world during the past 35 years were committed by lawful gun owners,

(b) recognises that the Monash massacre was perpetrated by a legal gun owner using handguns,

(c) notes that there are no accurate figures for the size of the illegal handguns arsenal in New South Wales, and that police records indicate that hundreds have been stolen from firearm deal shops, army barracks and homes,

(d) notes that the Australasian Police Ministers’ Council (APMC) special meeting on firearms in November 2002 resolved to implement a buy back scheme for which there is no final list of prohibited guns,

(e) notes that the APMC buy back scheme is premised on an impractical system of gun barrel measurement,

(f) condemns the scheme for being unworkable and unaccountable and unable to increase community safety,

(g) recognises that there is no legitimate reason for an ordinary citizen to have a handgun at their home or on their person while at large,

(h) calls upon the Government to:

(i) ban semi-automatic handguns, and

(ii) initiate a national process to ensure that this important reform for community safety is debated in all other States of Australia through the Australasian Police Ministers’ Council.

(Notice given 24 June 2003)

21. Dr Chesterfield-Evans to move—

That leave be given to bring in a Bill for an Act to amend the Public Sector Employment and Management Act 2002 with respect to the acquisition of computer software for use in the Public Service.

(Public Sector Employment and Management Amendment (Procurement of Software) Bill)

(Notice given 1 July 2003)

22. Mr Gay to move—

That this House:

(a) notes the call from the Kempsey Branch of the Labor Party to review the use of the term “Country Labor”,

(b) notes the concerns of the Kempsey Branch about the use of the “Country Labor “ image,

2828 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(c) notes that the Labor members of this House who identify themselves as Country Labor members were elected on the Labor ticket at the March State Election rather than on a Country Labor ticket,

(d) notes that Country Labor is in no way separate to the New South Wales Branch of the Australian Labor Party,

(e) congratulates the Kempsey Branch for seeing through the charade that is Country Labor.

(Notice given 3 July 2003)

23. Mr Breen to move—

That leave be given to bring in a Bill for an Act to amend the Classification (Publications, Films and Computer Games) Enforcement Act 1995 to remove the prohibition on the sale of films classified “X”; to ensure that films classified “X” are only sold from restricted publication areas; to increase penalties for allowing minors to access adult material; and for other purposes.

(Classification (Publications, Films and Computer Games) Enforcement Amendment (X Films) Bill)

(Notice given 2 September 2003)

24. Mr Gay to move—

That this House calls on the Minister for Agriculture to produce a detailed summary of planned State Government drought recovery measures, policies and programs, including forecasts of the costs of such programs.

(Notice given 3 September 2003)

25. Mr Gay to move—

That this House:

(a) notes the comments made by the member for Bathurst on 27 July 2003 when he described the handling of the Local Government reform process as “bad politics”,

(b) calls on the Minister for Local Government to now release a formal plan for structural reform, including details of which councils the Government is targeting through the current ad-hoc structural reform program,

(c) calls on the Minister for Local Government to give an assurance that no council will be forcibly amalgamated or forced to accept major boundary changes.

(Notice given 3 September 2003)

26. Mr Gallacher to move—

1. That this House notes:

(a) the commitment by the NSW Government on 30 October 1995 that a new fourth generation train would be constructed and delivered prior to the Sydney 2000 Olympics,

(b) that in June 1997 the NSW Government announced the first carriages of the fourth generation train would be delivered in 1999, with half the contracted number of carriages to be delivered by September 2000, 2829 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(d) that on 8 October 1998 the NSW Government awarded the contract for the fourth generation train comprising the design, build and maintenance for 15 years; including the first stage of the contract comprising 81 cars with the delivery of the first 4-car set to be January 2001,

(e) that in November 1998 the NSW Government officially launched its Action for Transport 2010 blueprint, including the Parramatta to Chatswood via Epping Rail Link. This was to be operational by 2006, cost an estimated $1.4 billion and carry 18 million passengers each year by 2010,

(f) that in July 1999 the NSW Government announced that the fourth generation train would not be in service until 2001,

(g) that on 1 July 2002, three years after originally promised, the first service of the fourth generation train finally commenced,

(h) that on 19 November 2002 the NSW Government reached a commercial settlement with EDI Rail extending the completion of Stage 1 of the Millennium Train project until 19 December 2003 and increasing the total cost of the project to NSW taxpayers by $98.4 million,

(i) that on 17 March 2003 the Honourable Carl Scully MP launched the NSW Government’s 2003 State Election Transport Policy that reaffirmed the Government’s commitment to the Parramatta Rail Link and stated: “Labor will continue planning of Stage Two (Epping to Parramatta)”,

(j) that following the 2003 State Election, the Honourable Carl Scully MP was removed as Minister for Transport,

(k) that on 10 April 2003 the Millennium Trains were withdrawn from service for safety reasons,

(l) that on 2 June 2003 the Millennium Trains were returned to service,

(m) that on 16 June 2003 the Premier admitted that the total Millennium project cost was now $658 million,

(n) that on 21 August 2003 Transport Services Minister Michael Costa abandoned the Stage Two section (Epping to Parramatta) of the Parramatta Rail Link,

(o) that on 25 August 2003 the Honourable Carl Scully MP defended his record as Transport Minister, saying “I do not regret endeavouring to get the very best train for the people of Sydney,”

(p) that as at 3 September 2003 there are still only 32 Millennium Train carriages in revenue service,

(q) the fact that no less than 19 reports into serious rail and bridge infrastructure safety issues and network deficiencies have been publicly released since the March 2003 State Election including:

(i) Rail Safety Act Industry Safety Report, (ii) separate Transport Safety Rail Safety Regulation reports including (a) Steel and Timber Bridges Structural Safety Review, (b) Wrought Iron Bridges, 2830 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(c) Rail Underbridges, (d) Menangle Bridge, and (e) Stanwell Park Viaduct Interim Report. (iii) Report into the Bargo Derailment and Collision, (iv) Wrought Iron Bridges Report,

(r) that a vast majority of the serious safety and network problems identified in these reports date from before the March 2003 State Election and were not acted upon during the tenure of the Honourable Carl Scully MP as Minister for Transport nor released to the public until after the 2003 State Election,

2. That this House:

(a) condemns the failure of the Honourable Carl Scully MP to ensure that action was taken on an expert recommendation of 5 March 2003 to immediately close the Menangle Bridge, and the failure to ensure warnings were issued to the public of Menangle Bridge’s true condition, resulting in it not being closed until 27 March 2003, five days after the State Election, and more than three weeks after the expert recommendation.

(b) further condemns the failure of the Honourable Carl Scully MP to effectively manage the Parramatta Rail Link project, cornerstone of his Action for Transport 2010 document, and that notes that his successor has now abandoned the Epping-Parramatta stage of the Project.

3. That, for the above reasons, this House expresses no confidence in the Honourable Carl Scully MP, Minister for Roads and Minister for Housing, for his failure to remain accountable to the community for the efficient management and delivery of safe and effective transport solutions for the people of New South Wales.

(Notice given 4 September 2003)

27. Ms Rhiannon to move—

That this House:

(a) condemns cruelty to animals in all its forms, including in the industrial production of meat,

(b) recognises that sow stalls are cruel cages for pregnant pigs that do not allow them to move or interact normally, affecting the pigs psychologically and physically,

(d) calls on the Government to bring in acceptable farming methods, such as free-range farming or group housing, in which sows have room to move interact and lie down to sleep,

(e) supports the work of Animal Liberation in seeking to end the cruel and outdated practice of sow stall use.

(Notice given 4 September 2003)

28. Mr Gay to move—

That this House:

(a) condemns the decision of the Government to rationalise all full and part time diploma and certificate courses at Murrumbidgee College, Yanco and the Administrative Centre located at the college,

2831 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(b) condemns the decision of the Government to remove 34 full-time jobs from Yanco and force students to locate to Tocal part way through their education,

(c) notes that the decision of the Government will severely disadvantage students in the western division of NSW, particularly in the electorate of Murray-Darling who rely on residential courses offered by the Murrumbidgee College of Agriculture,

(d) calls on the Minister for Agriculture to reverse this decision.

(Notice given 16 September 2003)

29. Ms Hale to move—

That, under standing order 52, there be laid upon the table of the House by 5.00 pm Wednesday 8 October 2003 all documents in the possession or custody of the Sydney Harbour Foreshore Authority (SHFA) and the Department of Infrastructure, Planning and Natural Resources relating to the Elizabeth Macarthur Bay Architectural Design Competition including:

(a) all documents, correspondence and minutes of the SHFA board meetings in relation to the competition,

(b) all documents relating to the initial design criteria and the design brief,

(d) a list of the competition selection panel members and all documents relating to their credentials,

(e) all documents relating to selection panel meetings.

(f) all correspondence relating to the non selected designs and the preferred design.

(Notice given 16 September 2003, amended by authority of the President 14 October 2003)

30. Dr Chesterfield-Evans to move—

That leave be given to bring in a Bill for an Act to amend the Smoke-free Environment Act 2000 to remove the exemptions relating to certain premises under that Act.

(Smoke-free Environment Amendment (Removal of Exemptions) Bill)

(Notice given 18 September 2003)

31. Ms Hale to move—

That this House:

(a) recognises growing community concern about development of the Australian Defence Industry site at St Marys, and particularly about ordnance, chemical and radioactive contamination at the site, and the potential risk this poses to the health of nearby residents, future residents and workers on the site,

(b) calls on the Government to inquire into the full extent of contamination of the Australian Defence Industry site at St Marys and examine the wider social and environmental implications of developing the site, including,

2832 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(i) the adequacy of decontamination works to date, (ii) the reliability and adequacy of records and inventories of contaminants on the site, (iii) the potential for remaining known contamination to spread to rehabilitated areas through ground water and biotic transfer, (iv) the potential impact of contamination on human health, (v) the suitability of the site for residential development, (vi) the impact of development on native species and threatened habitat on the site, (vii) the impact of development on macrofauna on the site, and (viii) the impact of development on environmental sustainability for Western Sydney.

(Notice given 18 September 2003)

32. Mr Gay to move—

That this House:

(a) notes the Government’s Dairy Futures Initiative has been rejected by farmers as nothing but a “talk-fest” which will not result in any concrete action on the issues confronting farmers,

(b) notes the Agriculture Minister stayed for just one hour at a dairy forum in Singleton on 19 September and refused to answer questions,

(c) notes the package did not provide one extra cent in actual financial assistance to dairy farmers, despite the Government’s failure to provide State-based assistance following the deregulation of the dairy industry,

(d) calls on the Government to address the problem of rising costs facing dairy farmers and their need for a better deal on farm-gate milk prices.

(Notice given 14 October 2003)

*33. Children and Young Persons (Care and Protection) Amendment (Child Abuse or Neglect) Bill 2003: resumption of the adjourned debate of the question on the motion of Mr Ryan: That this bill be now read a second time (5 calendar days from 13 November 2003)—Mr Harwin. (20 minutes)

34. Ms Rhiannon to move—

That this House:

(a) acknowledges the claims made in the July 2003 NSW Health report titled “M5 East Tunnels Air Quality Monitoring Project” that motorists can achieve 50-80% reductions in pollution exposure by closing car windows and switching the vehicle ventilation to re-circulate,

(b) calls on the Government to erect signs at all entrances to the M5 East tunnel according to recommendations given of the report, advising that:

Tunnel ahead. Close windows and vents. Switch on radio for tunnel information. 24-hour surveillance.

(c) calls on the Government to use official websites, radio and newspaper advertisements to advise motorists in open vehicles and motorcyclists that they should avoid using the tunnels, particularly if they suffer from asthma.

(Notice given 16 October 2003)

2833 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

35. Mr Lynn to move—

That this House pays tribute to the life of Slim Dusty and recognises the contribution he has made to Australian music, our Australian heritage and our Australian identity.

(Notice given 28 October 2003)

36. Ms Hale to move—

That this House:

(a) notes that the development of 128 luxury units adjacent to Jamieson Park in Collaroy Plateau does not conform to current bushfire prevention legislation which requires a 50 metre Asset Protection Zone,

(b) notes that the development is in a category 1 bushfire zone and may not be suitable for development as an aged persons village, given that the site was badly burnt in the 1994 bushfires resulting in the evacuation of nearby residents and fire damage to two homes,

(c) notes that the land was resumed from the Wheeler family in 1959 by the Government, specifically for use as a “War Veterans’ Home” yet units are currently being sold off the plan for up to $900,000 to non-veterans,

(d) calls upon the Minister for Infrastructure and Planning to re-examine this proposal to ensure that best practice bushfire asset protection zones required under the Rural Fires and Environmental Assessment Act, be applied to this development and contained within the site boundary.

(Notice given 28 October 2003)

37. Ms Robertson to move—

That this House:

(a) notes the call from the National Party Conference to review the use of the term National Party,

(b) notes the concerns of the National Party Conference about the use of the National Party image,

(c) notes that the National Party members of this House, who identify themselves as Nationals, were elected on the Liberal Party/National Party ticket at the March State Election rather than on a Nationals ticket,

(d) notes that the Nationals have difficulty proving separation from the Liberal Party,

(e) congratulates the National Party conference for seeing the charade that is the National Party.

(Notice given 28 October 2003)

38. Dr Chesterfield-Evans to move—

1. That a select committee be appointed to inquire into and report on the use of public resources for the promotion of government policies and in particular:

(a) advertising and communications strategies used by government including the strategies commonly known as “spin” and “control”,

2834 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(b) the expenditure on advertising and media advice by ministers and government departments during the previous Parliament and especially in the lead up to the 2003 general election,

(d) the checks and balances which are required to protect the public interest, the primacy of Parliament and the fundamental principal of our democratic system that governments should not use public resources for political ends.

2. That the committee report by Thursday 27 May 2004

3. That, notwithstanding anything to the contrary in the standing orders, the Committee consist of the following members:

(a) 3 government members,

(b) 2 opposition members, and

(Notice given 29 October 2003)

39. Dr Chesterfield-Evans to move—

That, under standing order 52, there be laid on the table of the House a return, in columns, showing for each Ministerial Private Office, Parliamentary Secretary and the Leader of the Opposition, the following details for staff employed under the Public Sector Employment and Management Act 2002:

(i) the total staff establishment, (ii) the classification and grading of each position, (iii) the pay range for the position, (iv) the per annum allowances and rates of pay related to performance for the position, (v) the per annum higher rates of pay above the range for the position and allowances related to performance for the position.

(Notice given 30 October 2003)

40. Ms Hale to move—

That this House:

(a) condemns the Sydney Harbour Foreshore Authority’s proposal to develop multi-storey apartments on public harbour foreshore land at the Water Police site on Elizabeth Macarthur Bay, Pyrmont,

(b) affirms the importance of maintaining foreshore land as open public space for the enjoyment of present and future generations,

(d) calls on the Government to ensure that Sydney Harbour Foreshore Authority halts the development plans and declares the site a public park for the use of all Sydneysiders.

(Notice given 30 October 2003)

2835 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

41. Mr Lynn to move—

That this House condemns the Victorian Trades Hall Council for conducting a protest rally in Melbourne on Remembrance Day

(Notice given 12 November 2003)

42. Mr Tingle to move—

That leave be given to bring in a Bill for an Act to amend the Firearms Act 1996 to limit the disqualification of persons subject to good behaviour bonds from holding firearms licences or permits or from dealing in firearms.

(Firearms Amendment (Good Behaviour Bonds) Bill)

(Notice given 13 November 2003)

43. Dr Chesterfield-Evans to move—

1. That a select committee be appointed to inquire into and report on the quality of care provided by the Macarthur Health Service and in particular:

(a) the clinical, administrative and management practices at Campbelltown and Camden hospitals, including complaint and incident report management,

(b) the role and effectiveness of NSW Health, the South Western Sydney Area Health Service, and the Health Care Complaints Commission in addressing concerns raised about quality of care,

(c) any government or independent reviews, recommendations or proposals that address issues related to the adequacy of care in the Macarthur Health Service.

2. That the committee report by Thursday 13 May 2004.

3. That, notwithstanding anything to the contrary in the standing orders, the committee consist of the following members:

(a) 3 government members,

(b) 2 opposition members, and

(b) Dr Chesterfield-Evans and one other cross bench member.

4. That before proceeding to any business at its first meeting, the committee must elect a Chair.

(Notice given 13 November 2003)

44. Mr Tingle to move—

That leave be given to bring in a Bill for an Act to amend the Parliamentary Electorates and Elections Act 1912 to provide for the cancellation of the registration of parties that do not endorse candidates at an election; and for other purposes.

(Parliamentary Electorates and Elections Amendment (Registration of Parties) Bill)

(Notice given 19 November 2003) 2836 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

45. Ms Hale to move—

That leave be given to bring in a Bill for an Act to provide protection for boarders and lodgers; and for related purposes.

(Boarders and Lodgers Bill)

(Notice given 2 December 2003)

46. Mr Pearce to move—

That, under standing order 52, there be laid upon the table of the House within 10 days of the date of passing of this resolution all documents in the possession, custody or control of the Government in relation to:

(a) a fire at the premises known as the Offset Alpine printing plant at Silverwater on 24 December 1993,

(b) a fire at the offices of El Telegraph and Media Press, Garner Avenue, Marrickville in 1983,

(Notice given 4 December 2003)

47. Mr Gay to move—

That, under standing order 52, there be laid upon the table of the House within 7 days of the date of passing of this resolution all submissions from the NSW Department of Agriculture, NSW Treasury and The Cabinet Office to the Commonwealth Government or the National Competition Council relating to the Farm Debt Mediation Act, and the Poultry Meat Industry Act, which address National Competition Council requirements, including any document which records or refers to the production of documents as a result of this order of this House.

(Notice given 24 February 2004)

48. Ms Fazio to move—

That this House:

(a) notes with grave concern the failure of the Federal Government to provide proper diplomatic representation for the two Australians detained by the United States Government in Guantanamo Bay since May 2002,

(b) notes that New South Wales’ resident Mr Mamdouh Habib has been denied basic human rights during his detention,

(i) treated in a cruel, inhuman and degrading way, (ii) denied access to his family, (iii) refused legal representation of his choice, and (iv) denied natural justice by being held by the United States in contravention of all international agreements and conventions,

(d) notes that visits to Mr Habib by Australian representatives have not been by officers of the Department of Foreign Affairs, but by representatives of ASIO and the Australian Federal Police, 2837 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(e) calls for proper diplomatic representation for all residents of New South Wales and for Mr Habib to be either charged and tried in public or released.

(Notice given 24 February 2004)

49. Mr Gay to move—

That this House:

(a) calls on the Government to alter the last day of school for the New South Wales public school year for 2004 from Tuesday 21 December to Friday 17 December 2004,

(b) recognises that the proximity of the final day of Term 4 to Christmas day creates enormous road safety problems as families get away for the Christmas break, and

(c) recognises that public schools in Victoria and the Australian Capital Territory would have already broken up by the week beginning Monday 20 December 2004.

(Notice given 24 February 2004)

50. Ms Fazio to move—

That this House notes the commitment of the Government to arts in Western Sydney as demonstrated by the Strategy for the Arts in Western Sydney, which was a direct response to the Government’s 1995 election commitment to achieve greater equity in arts funding for the communities and arts practitioners of Western Sydney.

(Notice given 24 February 2004)

51. Ms Hale to move—

That this House:

(a) notes the heritage and social significance of Luna Park as a site of public recreation and an Australian icon,

(b) notes the years of effort and consideration by the local community and North Sydney Council that went into finalisation of the Luna Park Plan of Management,

(c) notes that the current developers, Metro Edgely, went through a tender process that was based on the Luna Park Plan of Management, which indicates a height limit of two storeys on the cliff- top for a low-scale, lightweight structure such as a restaurant,

(d) condemns applications by Metro Edgely to massively intensify the use of the site by proposing the addition of a five cinema complex on the waterfront land and a 14 storey office building on the cliff-top, and

(e) calls upon the Minister to reject any development applications that would conflict with the Luna Park Plan of Management including intensifying use of the site by the office building and cinema developments.

(Notice given 24 February 2004)

2838 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

52. Ms Fazio to move—

That this House calls on the Federal Government to reverse its decision to not adopt the recommendation of the National Health and Medical Research Council that pneumococcal vaccine be made available at no cost to all Australian children as a three-dose series at 2, 4 and 6 months.

(Notice given 24 February 2004)

53. Ms Hale to move—

That this House:

(a) notes that the Minister for Natural Resources, Infrastructure and Planning is the consent authority for four development applications in the Honeysuckle area known collectively as the Lee Wharf Development, on the waterfront adjacent to the Newcastle City CBD,

(b) recognises that the area controlled by the Honeysuckle Development Corporation is extremely environmentally sensitive and socially important,

(d) notes that the proposed development provides no detailed social and economic impact assessment,

(e) notes that the proposed development does not include the community through public consultation, awareness and transparency, and fails to comply with Newcastle Council’s height restrictions,

(f) recognises that there is significant community opposition to the development in its current form,

(g) calls on the Minister to ensure that all submissions to development applications regarding the Lee Wharf Development be presented to Newcastle Council for their consideration and comment, and

(h) calls on the Minister to hold a Commission of Inquiry before determining the four development applications as provided for in Section 119 of the Environmental Planning and Assessment Act.

(Notice given 24 February 2004)

54. Ms Hale to move—

That this House:

(a) notes that the Minister for Natural Resources, Infrastructure and Planning is the consent authority for a proposal by Blue Circle Southern Cement plant in Berrima to burn industrial wastes as fuel including tyres, recyclable and non-recyclable plastics, oil and carbon waste products that will result in a tripling of dioxin and furan emissions and that these potentially deadly chemicals bioaccumulate in the food chain,

(b) recognises that allowing recyclable materials such as PET bottles and carbon waste to be burnt rather than recycled seriously undermines recycling initiatives,

(c) notes that if the Minister approves the proposal, local residents will be exposed to unacceptable health risks from breathing dangerously high levels of dioxins and furans, which are toxic substances known to cause skin disease, cancer and hormonal imbalances, and can enter the body through breathing contaminated air, or through bioaccumulation in the food chain,

2839 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(d) notes that Berrima borders the Sydney water catchment area and that burning dioxins and furans in Berrima risks poisoning Sydney’s water supply,

(e) notes that the Blue Circle Southern Cement plant at Berrima has a history of frequent plant shutdowns due to dangerously high emissions, and that there have been 15 shutdowns in the last year,

(f) notes that the Blue Circle Southern Cement plant at Berrima is already the sixth largest dioxin emitter in New South Wales,

(g) calls on the Minister to reject any application by Blue Circle Cement to burn toxic waste products.

(Notice given 24 February 2004)

55. Mr Cohen to move—

That, under standing order 52, there be laid upon the table of the House within 14 days of the date of passing of this resolution all documents in the possession, custody or control of the Department of Environment and Conservation relating to the investigation by the department of alleged illegal clearing of threatened species habitat on the Kings Forest property in the Tweed Shire, including any document which records or refers to the production of documents as a result of this order of this House.

(Notice given 24 February 2004)

56. Mr Cohen to move—

That, under standing order 52, there be laid upon the table of the House within 28 days of the date of passing of this resolution all documents in the possession, custody or control of the Minister for the Environment and the Department of Environment and Conservation relating to the New South Wales harvest quota application to the Commonwealth Government for the setting of quotas for the commercial harvesting of the Red Kangaroo, Eastern Grey and Western Grey for the 2004 calendar year, including any document which records or refers to the production of documents as a result of this order of this House.

(Notice given 24 February 2004)

57. Ms Rhiannon to move—

That this House:

(a) notes the growing concern about the operation of the MV Island Trader, which is reportedly carrying illegal bulk cargo fuel to the World Heritage listed Lord Howe Island,

(b) notes that world shipping standards do not allow for the transport of fuel in the type of thin- skinned bottom tanks possessed by the MV Island Trader,

(c) notes that a recent accident involving the British warship HMS Nottingham, when it hit rocks off Lord Howe Island, demonstrates the possibility of the MV Island Trader’s tanks being ruptured,

(d) calls on the Minister for Transport Services to explain why he told the House in December last year that, “The MV Island Trader did have Bureau Veritas classification and was permitted under that classification to carry fuel oil cargo”, when the bureau in August last year had withdrawn that ship’s classification on ascertaining that it was carrying bulk diesel in its bottom tanks, and 2840 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(e) calls on the Minister to suspend bulk cargo fuel transportation by this vessel in light of the fact that the MV Island Trader sails under the flag of the NSW Waterways Authority.

(Notice given 24 February 2004)

58. Tabling of document: resumption of the adjourned debate (11 March 2004) of the question on the motion of Mr Cohen:

1. That this House grants leave to Mr Cohen to table a document entitled “Aboriginal Trust Funds Payback Scheme Proposal” including all attachments.

2. That, on tabling, the document is authorised to be made public.

Upon which Ms Tebbutt has moved: That the question be amended by inserting at the end of paragraph 1 “, but excluding any document which is a Cabinet document”.—Mr Harwin speaking. (15 minutes remaining)

Debate—1 hour and 9 minutes remaining.

59. Mr Cohen to move—

That, under standing order 52, there be laid upon the table of the House within 28 days of the date of passing of this resolution all documents in the possession, custody or control of the Minister for the Environment, the Department of Environment and Conservation, and the Rural Lands Protection Boards for Cooma, Yass, Braidwood, Goulburn and Gundagai, relating to the proposal for commercial harvesting of kangaroos in south-eastern New South Wales, which was the subject of a feasibility study prepared for the National Parks and Wildlife Service, dated July 2003, including any document which records or refers to the production of documents as a result of this order of this House.

(Notice given 24 February 2004)

60. Mr Gay to move—

That, under standing order 52, there be laid upon the table of the House within 7 days of the date of passing of this resolution:

(a) a return prepared by the Roads and Traffic Authority (RTA) listing all organisations which receive funding or donations from the RTA for road safety research or any other purpose, including the amount of funding each organisation receives from the RTA,

(b) a return prepared by the Roads and Traffic Authority (RTA) listing all instances in which the RTA has paid for police overtime during the last 5 years, including details of how the RTA has determined the tasks, locations and duration of police presence in each case, and

(Notice given 25 February 2004)

61. Mr Gallacher to move—

1. That this House notes:

(a) the continual failure of the Honourable Michael Costa to provide adequate responses to questions without notice, 2841 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(b) that on some 34 occasions since November 2001, listed in the schedule below, the Minister told the House that he would seek advice and get back to the House with an answer,

2. That this House calls on the Honourable Michael Costa MLC, Minister for Transport Services, Minister for the Hunter and Minister assisting the Minister for Natural Resources (Forests) to provide the House with a written answer to each of these questions within three sitting days of the date of passing of this resolution.

SCHEDULE

Date Question and asking member Response 13/11/2003 Independent Pricing and Regulatory I am not aware of the information. If the Hon. Tribunal Private Bus Operators Charlie Lynn provides my office with the Recommendations information I will look into the matter. The Honourable Charlie Lynn MLC 28/10/2003 Wagga Wagga Taxidriver Safety I will advise the House of the council’s action The Honourable David Oldfield MLC in due course. 28/10/2003 Countrylink Rail Services If the honourable member can produce the Ms Lee Rhiannon MLC memo, I am certainly happy to get advice on it. 01/07/2003 Stanwell Park Viaduct I will check the status of that report. The Honourable Patricia Forsythe MLC 04/12/2002 Shoalhaven Police Numbers …I will certainly seek advice… The Honourable Don Harwin MLC 04/12/2002 Pedestrian Fatalities That is a detailed question. I will get advice The Reverend the Honourable Gordon and come back to the House. Moyes MLC 20/11/2002 DNA Testing Policy I am not aware of the examples raised by the The Honourable James Samios MLC Hon. James Samios, and I will get some information about them. 12/11/2002 Fairfield Police Local Area Command I will take that question on notice because it The Honourable Helen Sham-Ho MLC involves some detail. 12/11/2002 Innocence Panel DNA Evidence Review I am not aware of the specific issues relating to The Honourable Peter Breen MLC that case. I am happy to obtain advice about that issue. 05/09/2002 Car Rebirthing I am happy to take the question on notice and The Honourable Don Harwin MLC provide a detailed answer if the honourable member has something more specific to add. 05/09/2002 Department Of Forensic Medicine DNA I will obtain an answer to this detailed question Analysis for the Hon. Peter Breen. The Honourable Peter Breen MLC 27/06/2002 Sandon Point Residential Development This is a detailed question. I will take it on Ms Lee Rhiannon MLC notice and get a detailed response. 27/06/2002 Police Officer Transfer I will take a question on notice and get a The Honourable John Ryan MLC detailed response. 05/06/2002 Ethnic Community Liaison Officer I do not have the precise details. However, I Program will endeavour to obtain them and will advise The Honourable Peter Wong MLC the Hon. Dr Peter Wong accordingly. 04/06/2002 Lemon Tree Passage Police Station I will take the honourable member's question on Upgrading notice and ensure that the honourable member The Honourable Patricia Forsythe MLC for Port Stephens made such a commitment. 2842 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

04/06/2002 Raymond Terrace Police Station I am happy to bring back to the House Upgrading appropriate information at the appropriate The Honourable John Jobling MLC time… 04/06/2002 Wyong Shire Social Plan I will take the question on notice and get some The Honourable Brian Pezzutti MLC details. 13/03/2002 Workcover Injured Workers Research I will take the honourable member’s question Project on notice. The Honourable Duncan Gay MLC 13/03/2002 Police Service Examination Questions If the honourable member would provide the Ms Lee Rhiannon MLC question in documentary form, I will certainly take it on notice. 13/12/2001 Police Service Charity and Community As I said in response to the original question, I Service Charges have taken the matter on notice and, at the The Honourable Patricia Forsythe MLC appropriate time, I will provide an answer. 12/12/2001 New South Wales Police College …it will be an answer appropriate to the Graduates question. The Honourable Michael Gallacher MLC 12/12/2001 Wyong Shire Vandalism …I will take the question on notice and obtain The Honourable John Jobling MLC an answer. 06/12/2001 Police College Conservation Officer …I will find out the answer and come back to Training The Honourable Duncan Gay MLC the honourable member… 04/12/2001 Bathurst Motor Races Police Hire I am not aware of the details of the question, The Honourable Jenny Gardiner MLC but will obtain a response for the honourable member. 04/12/2001 Police Sniffer Dogs I will provide an answer to the honourable The Honourable Peter Breen MLC member when I have concluded my investigation. 04/12/2001 East Sydney Sex Workers I am not aware of the details of the incident to The Honourable Brian Pezzutti MLC which the Hon. Dr Brian Pezzutti referred. However, I will get some answers for him and return to the House with them. 29/11/2001 Police Station Closures I am not aware of the matter that the Leader of The Honourable Michael Gallacher MLC the Opposition refers to...I will certainly have a look at the Newcastle Herald and get back to the honourable member. 29/11/2001 Police Service Charity and Community I do not accept that that is the policy, but I will Service Charges The Honourable Patricia Forsythe MLC take advice and come back to the House. 29/11/2001 Inner-City Hotel Assaults I will take advice on the report and come back The Honourable Jenny Gardiner MLC to the House. 29/11/2001 Police Sniffer Dogs However, I am happy to provide some statistics The Honourable Richard Jones MLC on how the dogs are trained and what particular activities they are able to undertake. 29/11/2001 Gladesville Police Local Area Command I am not aware of the statistics in relation to The Honourable Greg Pearce MLC Gladesville, but I will obtain details. 28/11/2001 Police Accommodation Costs I do not have the answer to the question, but I The Honourable Duncan Gay MLC will obtain if for the honourable member. 28/11/2001 Glebe High School Police Presence …I will find out the answer to her question and The Honourable Patricia Forsythe MLC correct it. 2843 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

28/11/2001 Police Roster Information I will certainly have a discussion with the The Honourable John Ryan MLC Police Service to ascertain the reason for the non-provision of those statistics. Some operational matters may be involved. If there are not, I will certainly come back to the House with an answer to that question.

(Notice given 25 February 2004)

62. Mrs Forsythe to move—

That this House:

(a) acknowledges that the Pepper Tree Lodge at Queanbeyan has a long history of care as a unit for the Confused and Disturbed Elderly,

(b) notes that families of patients at the Lodge oppose its closure,

(d) notes that across the whole of the Southern Area Health Service there is limited facilities or staff to provide care for dementia patients who have specific disturbed behaviour,

(e) calls on the Minister for Health to direct the Southern Area Health Service to keep open Pepper Tree Lodge as a unit for the Confused and Disturbed Elderly.

(Notice given 9 March 2004)

63. Mr Oldfield to move—

That leave be given to bring in a Bill for an Act to amend the Crimes Act 1900 to prohibit the publication of information relating to a crime that would lead to the identification of a person accused of the crime before that person is charged; to provide for the publication of a notice of acquittal of a person in certain cases; and for other purposes.

(Crimes Amendment (Protection of Innocent Accused) Bill (No. 2))

(Notice given 9 March 2004)

64. Mr Breen to move—

That this House:

(a) notes that the State Arms, Symbols and Emblems Act, Act No. 1 of 2004, received assent and commenced on 2 March 2004,

(b) authorizes the President, in compliance with the spirit of the legislation, to:

(i) relocate the Royal arms of the United Kingdom to another position within this chamber,

(ii) erect, in the position currently occupied by the Royal Arms, the State arms of a similar size, construction and quality to Royal Arms of the United Kingdom.

(Notice given 9 March 2004)

2844 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

65. Mrs Forsythe to move—

That this House:

(a) notes that the Federal Treasurer has stated that “The Commonwealth view has always been that, whatever the methodology, it has to be agreed between all of the States … and if they can come to an agreement on a new formula for the Grants Commission, we would follow the Grants Commission, as we always have”, and

(b) calls on the Premier and the Treasurer to convene a meeting of Labor Premiers and Treasurers from each state and territory to seek an agreement on the Grants Commission formulae, to ensure that New South Wales gets an equitable share of revenue.

(Notice given 11 March 2004)

66. Ms Robertson to move—

That this House:

(a) notes the importance of literacy amongst children as an essential tool for their education and development through life,

(b) congratulates the Government for the initiatives it has introduced to increase literacy levels in school children, and

(c) particularly congratulates the Government for those initiatives that target low socio-economic groups, developing equitable literary levels for the entire community.

(Notice given 16 March 2004)

67. Mr Colless to move—

That this House:

(a) congratulates the Federal Government on achieving the free trade agreement with the United States of America, and in particular congratulates the Minister for Trade, the Hon Mark Vaile for his untiring efforts over the last twelve months in working towards this agreement,

(b) notes the substantial benefits to the Australian beef industry that will accrue from the immediate removal of $US 4.4 cents per kilogram tariff will be $A58.60 for every tonne of in-quota beef exported to the USA - a total immediate benefit of $A22.16 million,

(c) notes that the total duty free quota for beef exported into the United States of America will increase from 378,214 tonnes currently to 448,214 tonnes over the next eighteen years,

(d) notes that the over quota tariff on beef exported into the United States of America will reduce from 26.4% currently to zero over the next 18 years, and

(e) notes that from year 19 and beyond Australian beef will have virtually open access to the United States’ market.

(Notice given 16 March 2004)

2845 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

68. Ms Rhiannon to move—

That leave be given to bring in a Bill for an Act to amend the Anti-Discrimination Act 1977 to prohibit private educational authorities from discriminating in education and in employment and to prohibit certain employers from discriminating in employment; and for other purposes.

(Anti-Discrimination Amendment (Equality in Education and Employment) Bill)

(Notice given 18 March 2004)

69. Mr Breen to move—

That leave be given to bring in a Bill for an Act relating to the appointment and functions of a Parliamentary Commissioner for Standards; and for related purposes.

(Parliamentary Commissioner for Standards Bill)

(Notice given 30 March 2004)

70. Mr Cohen to move—

That, under standing order 52, there be laid upon the table of the House within 14 days of the date of passing of this resolution the following documents in the possession, custody or control of the Minister for the Environment, the Department of Environment and Conservation or New South Wales Treasury, relating to the proposed conservation and adaptive re-use of the North Head Quarantine Station by co- proponents the Minister for the Environment and Mawland Hotel Management Pty Ltd, and excluding any document provided according to previous order of this House:

(a) any report prepared by PricewaterhouseCoopers on the financial capacity of Mawland Hotel Management Pty Ltd to undertake the project;

(b) any cost/benefit analysis of the project,

(c) the report entitled “Quarantine Station Environmental Impact Statement – Assessment of Economic and Social Impacts” prepared for the NSW National Parks and Wildlife Service by Gillespie Economics 2001,

(d) any document which records or refers to the production of documents as a result of this order of this House.

(Notice given 30 March 2004)

71. Dr Chesterfield-Evans to move—

That, under standing order 52, there be laid upon the table of the House within 14 days of the date of passing of this resolution the following documents in the possession, custody or control of WorkCover NSW or the Department of Environment and Conservation, relating to the Fox Studios, and excluding any document provided according to previous order of this House:

(a) minutes of any meeting between Mr Rick Bultitude and Mr John Watson, the Acting Chief Executive Officer of WorkCover, regarding the WorkCover Construction Team site inspections of the demolition and removal of asbestos from buildings in Fox Studios.

(b) any photographs received by the WorkCover or the Environment Protection Authority since January 2002 showing demolitions and the removal of roofing material from the back lot area of Fox Studios Australia, 2846 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(d) any document which records or refers to the production of documents as a result of this order of this House.

(Notice given 1 April 2004)

72. Ms Hale to move—

That leave be given to bring in a Bill for an Act to amend the Local Government Act 1993 to require Parliamentary approval before local government areas are amalgamated or mayors and councillors are dismissed by the Governor.

(Local Government Amendment (Council Amalgamations and Dismissals) Bill)

(Notice given 1 April 2004)

73. Mr Gallacher to move—

(a) the feasibility study of options for a second rail crossing of Sydney Harbour conducted by consultant Connell Wagner,

(b) the feasibility study of the proposed North West rail link conducted by Sinclair Knight Merz Pty Ltd,

(c) the study into the Sydney CBD to Chatswood rail amplification – proposed new rail corridor conducted by consultant Halcrow Pacific Pty Ltd,

(d) any document which records or refers to the production of documents as a result of this order of this House.

(Notice given 4 May 2004)

74. Ms Cusack to move—

1. That this House notes:

(a) that in 1990 the Coalition Government replaced the Pacific Coast Motorail with XPT services to the North Coast,

(b) that on 9 February 1990 the Leader of the then Opposition, Bob Carr, called for an independent inquiry into the effectiveness of the new and old North Coast rail services, and proposed a 6 month moratorium on changes until the inquiry was completed,

(c) that Mr Carr estimated cuts to North Coast rail would mean an additional 19 bus services and 7,000 cars would travel the Pacific Highway each day and stated that this was unacceptable,

(d) that on 10 February 1990 the last Pacific Coast Motorail train left Central Station for Murwillumbah and that amongst the passengers aboard the train who were protesting the reduction of rail services to the Murwillumbah Branch Line were the then Shadow 2847 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

Minister for Transport, Brian Langton MP and the then Leader of the Opposition, Bob Carr MP,

(e) that while Mr Carr got off the 1990 Murwillumbah Protest Train at Broadmeadow, Mr Langton travelled to Murwillumbah where at 11.00 am on 12 February 1990 he led a protest rally which sought to preserve the sleeping cars and dining cars on the service,

(f) that Labor’s 1991 policy for seniors pledged:

(i) to focus on transport and “put care for older people back on track for the 1990s”,

(ii) that “Mobility and access to all forms of transport are the right of every older person.”

(iii) to restore the North Coast sleeper service at an annual cost estimated by Mr Carr to be an initial $42 million one-off cost and thereafter a $20 million per anum cost,

(g) that Labor pledged in 1991 and 1995 to ensure co-ordination of public transport planning with other Departments including those responsible for land use planning, housing, community services and health,

(h) that in recognition of the strength of community feeling on the issue, the Coalition Government restored sleepers to the Murwillumbah rail survice,

(i) that Labor’s 1995 Policy called “Putting the Public Back into Public Transport” pledged to consult widely on all transport decisions before they were taken, to ensure costing of transport decisions takes into account social, environmental and economic factors, and to reduce the level of Carbon Dioxide emissions by 20% by the year 2005,

(j) that these promises cannot be reconciled with the Government’s decision to run an extra 4,000 North Coast bus services plus thousands of Countrylink taxi trips per year to replace the XPT which transports 333,000 passengers per year between Murwillumbah and Casino,

(k) that Labor’s 1995 election policy promised that “Under a Carr Government the NSW Rail system will be accessible to those in remote areas of the State …. A Labor Government will get the trains running again. On return to Government we will provide a more flexible North Coast Service… improve staffing and station amenities at Kempsey, Coffs Harbour, Grafton City, Casino, Lismore, Murwillumbah and Mullumbimby stations to ensure adequate service provision for the travelling public and maximise the tourism potential of these areas…”,

(l) that Labor’s 1995 Roads Policy for the North Coast began with the words “Labor’s rail policy will ease the heavy and dangerous traffic on the Pacific Highway and other main roads on the North Coast”,

(m) that Labor’s 1995 Regional and Rural Policy committed Labor to “maintaining a viable and efficient country rail network”, to “aggressively market NSW Rail Freight as an alternative to heavy road transport”, and to establishing an Office of Rural Communities to ensure “the voice of rural communities will be heard at the highest level – government services and jobs protected”,

(n) that Labor’s 1995 Plan for Regional Development pledged increased spending on infrastructure and that “improvements in passenger rail services will also provide a boost for Countrylink rail holidays to destinations such as Dubbo, Broken Hill, the Riverina, the mid and far North Coast and the New England area”,

2848 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(o) that all of Labor’s protests and pledges to the staff, passengers and businesses who rely on Countrylink train travel on the Murwillumbah to Casino Branch Line have now been trashed by the short-sighted decisions to neglect maintenance on the Murwillumbah Branch line and to end the rail services.

2. That this House calls on the Premier to honour commitments made over many years to preserve the Murwillumbah services, to maintain country rail lines, to honour community service obligations to the elderly and disabled, to preserve country jobs, to develop regional tourism, to strategically integrate public transport planning with land use, health and other agencies and to meet his pledge to operate a sustainable public transport system reducing the burden on our environment and our roads.

(Notice given 4 May 2004)

75. Ms Cusack to move—

1. That this House notes:

(a) the dislike Premier Carr has shown for Federal Opposition Leader Mark Latham which was documented in the Premier’s diary notations published in Marilyn Dodkin’s book “Bob Carr The Reluctant Leader” in which he wrote, on 14 March 1989 ... “I summoned Peter (Anderson) and did a news conference in which I boldly endorsed him as my choice. Earlier I’d had a conversation with Mark Latham…He in tears. Hung up on me. He later phoned in to resign”,

(b) the extent to which the Carr Government secretly hoped for a Howard victory at the 2001 Federal Election as documented by the following diary entries published in Marilyn Dodkin’s book:

(i) 16 July 1999: “I intend to be Premier right through to 2003 and beyond. I’m buoyed up by good publicity generated by the trip: Howard and Carr in New York promoting Sydney. ‘The John and Bob Show’ …. This is the ideal political positioning – as was confirmed in New York on Thursday when we heard a lecture by political consultant Dick Morris. It was an uncanny echo of all that we learnt during our campaign this year”;

(ii) 30 October 2001: “Suddenly it’s exciting. Howard is blitzing Labor-held seats with direct mail advertising. “Like us in the State Election,” says Eric. “Plunging in after seats held by the Opposition”. Could it be a wipe out like 1996? Still, in Lowe, where I did a fundraising last night, the feedback is that voters want answers on education, aged care, the GST”,

(iii) 6 November 2001: “Published polls and the Party’s polling start to show (Federal) Labor edging up. Can’t believe it. All those stories of people slamming doors in our faces. Maybe they’re working class, Tories who were against us anyway”, says Egan. We’ll be the only ones weeping if Labor wins. Yes – the secret agenda: State Labor wants to run against a rotting, hated Coalition Government in Canberra. A Labor Government there only makes a third term harder”,

(c) the two marginal Federal Electorates that must be won by the ALP if they are to win Government in Canberra include the Far North Coast seats of Richmond and Page,

(d) notes the Federal ALP candidates in Richmond and Page, have expressed dismay that the Murwillumbah Branch Line which runs through these two seats has been effectively closed in breach of promises of a 12 month moratorium on any changes to CountryLink services to their communities,

2849 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(e) notes a member of the Federal Opposition, Mr Martin Ferguson, is in Page today and calling on the Carr Government to honour its word given to the people of Richmond and Page.

2. That this House condemns the Carr Government for its selfishness, cynicism and dishonourable conduct in using the Murwillumbah Railway line as a pawn in its secret campaign to re-elect a Howard Government in Canberra.

(Notice given 5 May 2004)

76. Mrs Forsythe to move—

That leave be given to bring in a Bill for an Act to amend the Legislation Review Act 1987 to extend the role of the Legislation Review Committee to the scrutiny of the impact of Bills and regulations on families.

(Legislation Review Amendment (Family Impact) Bill)

(Notice given 6 May 2004)

77. Dr Wong to move—

That this House:

(a) expresses grave concern to the United States of America for the humiliation and torture of Iraqi prisoners,

(b) condemns the deaths in custody of Iraqi prisoners and the failure of the US Military in their duty of care to prisoners under the Geneva convention,

(d) wishes to express the anger of all Australians at these acts by the US military, and

(e) requests the Federal Government to apologise to the Iraqi people for the appalling abuses at the hands of the coalition.

(Notice given 6 May 2004)

78. Ms Cusack to move—

1. That this House notes:

(a) correspondence sent to the Premier by Miss Sarah McGuiness reads: “To Mr Carr, my name is Sarah and I am seven years old. My Dad works at the railway station and if you shut the railway my dad will have no job and he will be sad”,

(b) correspondence sent to the Premier by Miss Brianna Taylor reads, “My name is Brianna, I’m ten and I like trains. Sarah’s dad works at the railway station. He’s a happy man but if you take his job away he will be sad and poor”,

(c) Sarah McGuiness’s father, Mr Brain McGuiness, is father to five children, is employed as a senior customer attendant at Lismore railway station and has worked for the railways for 30 years.

2850 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

2. That this House notes the meeting held by Country Labor Party members on the Far North Coast on 9 April 2004 to publicly protest against the Carr Government’s decision to close the Murwillumbah branch line, and attended by Sue Dakin former Country Labor candidate for Ballina, Jenny Dowell former Country Labor candidate for Lismore, Angela Danvers President of the Mullumbimby branch of Country Labor, Ronald Tingle, President of the Ballina branch of Country Labor and Hazel Bridgett secretary of the Alstonville branch of Country Labor.

3. That this House notes the reaction of Country Labor Party members to the Carr Government’s decision to close the Murwillumbah branch line including:

(a) Sue Dakin, Ballina Country Labor President (and former Country Labor candidate for Ballina) as saying, “This is an outrageous decision by Premier Bob Carr and Minister Costa. It is a betrayal of country people … no wonder people hate politicians”,

(b) Jenny Dowell, the former Country Labor candidate for Lismore, and Country Labor councillor as saying, “How can you trust them when they just tell you lies?” and has further described the decision as “disgusting” and a “disgrace” and that, “This flies in the face of all his guarantees. For Bob Carr to go back on his word is appalling”,

(c) Justine Elliot, Labor’s endorsed candidate for Richmond, who said she was “completely outraged” and angered by the NSW Government’s decision to scrap the rail service”,

(d) Kevin Bell, Labor’s endorsed candidate for Page who said “This is an absolute travesty that Sydney has inflicted on the North Coast and I have written to the Premier and the Treasurer to inform them of my feelings”,

(e) Martin Ferguson, Federal Shadow Minister for Urban and Regional Development who yesterday told a meeting of Mayors at Casino Council that “Last December the Minister for Transport Services, Michael Costa gave his promise to hold off making a decision on the service for 12 months”. It is important that he be made to keep his word and “Keep on doing what you are doing.”

4. That this House calls on the Premier to listen with respect to his own party members as well as the strong views of CountryLink staff, their families and the wider community, and honour the clear commitments he has repeatedly given in relation to maintaining and enhancing the Murwillumbah branch line.

(Notice given 6 May 2004)

79. Mrs Forsythe to move—

That this House:

(a) notes the comments of the Hon Michael Costa, Minister for Transport Services during Question Time on 5 May 2004, in which he branded Southern Highlands rail users as elite millionaire stockbrokers, saying four times that he makes no apology for his actions,

(b) notes that according to the Australian Bureau of Statistics, 55 per cent of the 51,753 workers living in the Southern Highlands, a clear majority, earn less or close to the minimum wage,

(c) notes that nearly two thirds or 63 per cent of the workers who live in the Southern Highlands district are classified by the Australian Bureau of Statistics as being tradespersons, clerical staff, sales, production staff or labourers, and

(d) calls on the Hon Michael Costa to apologise without reservation to the residents of the Southern Highlands and to listen to their genuine objections to his proposed cuts to express rail services, and Bundanoon rail services, which are their lifeline to work, study, and medical treatment.

(Notice given 6 May 2004) 2851 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

80. Ms Hale to move—

1. That this House notes:

(a) that urgent action is required to save the 1,535 hectares of the former ADI site at St Marys as a regional park for the people of Western Sydney,

(b) that the site is home to one of the last remnants of Cumberland Plains Woodland, a threatened ecological community that once stretched across the western plains but has been reduced to 6% of its original area,

(d) that the CSIRO Wildlife Division, the National Trust of Australia, and NSW National Parks and Wildlife Service have listed the site as high in biodiversity, endangered species and habitats,

(e) that the site is an area of great beauty with important ecological and environmental values that should be preserved,

(f) that the site is home to wild populations of emus and kangaroos, and possibly koalas, and that the proposed development of 5,000 houses will result in the death of these animals,

(g) that kangaroos and emus on the site are the last free roaming populations in the Sydney basin,

(h) that the NPWS Draft Macro Fauna Management Plan initially proposed the shooting of approximately 600 Western Red kangaroos and 2000 of the Eastern Greys, and

(i) that despite the government bowing to community outrage and promising to sterilise rather than shoot the animals, this is a totally unsatisfactory and impractical outcome as kangaroos can live for up to 20 years.

2. That this House further notes:

(a) that the entire ADI site has been identified as being subject to localised salinity risks,

(b) that the "Draft Salinity Hazard Map for Western Sydney" prepared by the former Department of Land and Water Conservation, reveals that clearing of vegetation on the site will result in a raised water table and increased salinity,

(d) that serious concerns remain about the level of contamination following decades of manufacturing, handling, storing and testing of munitions on the site,

(e) that a 1999 decontamination audit found that nearly 100 hectares in the Eastern Precinct, now zoned Regional Park, was so contaminated that it needed to be fenced off to protect the public,

(f) that the Government cannot continue to ignore contamination issues by simply fencing off the areas of highest contamination,

(g) that parts of the site remain contaminated with asbestos, low level radiation and chemical contamination,

(h) that no testing of accumulated chemical contamination has been carried out on the tissues of flora and fauna on the site, 2852 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(i) that Blacktown Council sought and received a $50 million indemnity from the Federal Government to exempt it from possible future claims from workers or residents on the site, indicating that the health risks associated with contamination have not been resolved,

(j) that flood mitigation proposals for the site are inadequate, and that the State Emergency Services estimate that up to one-third of the proposed house sites could be at risk of flooding,

(k) that the Federal government sold the land, along with two sites in Melbourne, to the developer Lend Lease for $165 million, which, on a per hectare basis, is approximately nine times less than the sale price achieved for the nearby Australia’s Wonderland site one month later,

(l) that, between 1998-2003, the developer, Lend Lease, made donations to the NSW Liberal Party of $111,500 and to the NSW Labor Party of $281,536,

(m) that, during this period, the NSW Labor Government rezoned the land to allow the construction of 8,000 homes,

(n) that the sale of the ADI site at well below market rates and the rezoning to allow the construction of 8,000 houses will result in Lend Lease making a profit of more than $1 billion over the next ten years,

(o) that the community is now rightly asking whether the sale of the site was in the best interests of taxpayers and is questioning the role of both state and federal governments in this transfer of public land and its contribution to massive corporate profit,

(p) that Sydney’s continued urban sprawl has particularly adverse impacts on western Sydney and results in increased air pollution, environmental destruction, inadequate infrastructure and social dislocation,

(q) that increased urban sprawl is at odds with the principles of environmentally sustainable development,

(r) that if previous civic leaders had adopted the same approach as the current Labor Government – bulldozing urban bushland to house an increasing population – there would be no Centennial, Ku-ring-gai or Royal National parks, and

(s) that the people of Western Sydney are entitled to a regional park for the enjoyment of current and future generations.

3. That this House congratulates the local community in Western Sydney, including the ADI Residents Action Group, who have worked for almost a decade to save the ADI site and notes that local residents do not want this development, as has been highlighted by the overwhelming number of supportive emails and letters sent to the Daily Telegraph and the Sunday Telegraph.

4. That this House calls on the Government:

(a) to halt the development of the ADI site and rein in Sydney’s continued urban sprawl,

(b) to refuse to enter into any agreement with the Federal government to finalise the sale of the land to Lend Lease,

(c) to make publicly available any verbal or written agreements between the State Government and either Lend Lease or the Federal Government relating to future use of the land,

(d) to rezone the land and revoke consent for residential development on the site, and 2853 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(e) to preserve the entire ADI site for research, educational and recreational purposes.

(Notice given 11 May 2004)

81. Ms Fazio to move—

That this House:

(a) notes the incident which occurred at the formation meeting of a Liberal Party Branch at the Croatian Club in Punchbowl on Wednesday 5 May 2004 resulted in the police being called to break up a brawl,

(b) notes the blatant attempts by warring factions in the Liberal Party to exploit and exacerbate tensions between different ethnic and religious groups in the community, and

(Notice given 11 May 2004)

82. Ms Fazio to move—

That this House:

(a) notes the comments made by the Hon Catherine Cusack in correspondence dated 20 June 2003 complaining that a cartoon in a local church newsletter “was twisted, cynical and has the effect of hardening community attitudes against politicians”, and

(b) acknowledges that any person entering into a career as a public office holder should be prepared to accept reasonable general criticism from the public about their chosen profession and should accept such criticism with good grace.

(Notice given 11 May 2004)

83. Miss Gardiner to move—

That this House notes the front-page article of The Northern Star on 7 May 2004 which states that:

(a) residents of the Northern Rivers are disgusted with Premier Bob Carr, Treasurer Michael Egan, Transport Services Minister Michael Costa, and Labor member for Tweed Neville Newell. “These people have failed us and don’t deserve our support.”

(b) Messrs Carr, Egan, Costa, and Newell “have the capacity to protect the Northern Rivers XPT service. But they failed us.”

(d) “Mr Egan is sacrificing our public transport to fix his budget mess.”

(e) “Mr Costa doesn’t seem to care about country people.”

(f) the support from the member for Tweed, Neville Newell “has been lacklustre.”

(g) the people of the Northern Rivers send out a challenge for Messrs Carr, Egan, Costa and Newell to “come to the Northern Rivers in person and explain their decision – because come election time, we will remember”; and 2854 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(h) the NSW Labor Government have seriously failed the people of the Northern Rivers and now “don’t deserve our support”.

(Notice given 12 May 2004)

84. Ms Rhiannon to move—

That this House:

(a) acknowledges that building additional motorways and tunnels will not solve traffic congestion, and may even increase congestion by stimulating more car use,

(b) acknowledges the unsustainable increase in traffic across Sydney over the past two decades, and the concomitant increase in greenhouse gas emissions, health problems and air pollution,

(c) rejects the need for a tunnel or motorway linking the M4 to the city, and likewise rejects the need for any other new tunnel project, motorway project or motorway extension,

(d) deplores the Roads and Traffic Authority’s track record of failure to properly consult and inform affected residents, or heed their concerns,

(e) supports residents and community groups opposed to the Roads and Traffic Authority’s proposals for a long tunnel, short tunnel or slot road, and likewise commends those opposed to all other motorway projects across Sydney, and

(f) calls on the Government to cease planning work on the M4 East and on all other incipient motorway projects, and to develop public transport alternatives for those areas and across Sydney.

(Notice given 1 June 2004)

85. Mr Gay to move—

That this House:

(a) notes the increases in taxes and charges by the State Labor Government despite an election pledge not to increase any taxes and charges,

(b) notes that there is a Labor Government in every Australian State,

(c) notes that the rate of GST can only be in creased by an unanimous decision of all the States and the Federal Government,

(d) calls on the Carr Labor Government to reject any call from the Federal Labor Leader Mark Latham to increase the rate of GST.

(Notice given 2 June 2004)

86. Miss Gardiner to move—

That this House:

(a) calls on the NSW Labor Government to re-think any plan to amalgamate the New England and Hunter Area Health Services,

2855 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(b) notes the opening remarks in the report to the NSW Health Minister of the NSW Ministerial Advisory Committee on Health Services in Smaller Towns, chaired by the Rt. Hon. Ian Sinclair, viz:

“Few government portfolios engender more impassioned debate than health when changes in methods of service delivery are proposed.

This is particularly so in small rural communities, where health services, especially hospitals, are seen as part of the social fabric of the community”,

Area Health Services need to fully involve local communities in identifying their needs and in planning services,

(d) notes that the Sinclair Report highlighted a ‘lack of communication between levels of government, management, health professionals and the community’ as one of the five most significant barriers in adapting health services to changes in community needs’,

(e) notes the statement in the Report of the NSW Health Council, “A Better Health System for NSW”, known as the Menadue Report, submitted to the NSW Labor Government:

“We believe that it is a fundamental right for all members of the community to be involved in the management of changes to their health care system. As taxpayers, citizens and residents, they are the principal stakeholders and are entitled to a sense of ownership of the health services they receive. This is especially true in rural communities, where…the local health facility is often a major source of employment…”,

(f) notes the complete lack of community consultation and secrecy surrounding the mooted amalgamation of NEAHS and HAHS,

(g) notes the complete sidelining of local Health Councils in having any input to major decisions about the future of Area Health Services, and

(h) condemns the NSW Labor Government for thumbing its nose at these crucial findings and recommendations of the Sinclair and Menadue Reports as exemplified by the mooted AHS amalgamation.

(Notice given 3 June 2004)

87. Mrs Forsythe to move—

That this House:

(a) notes the decision by the State Government to abolish 50 local community–owned Business Enterprise Centres (BEC’s) and replacing them with 18 so-called Super Centres in metropolitan and large regional centres,

(b) notes the failure of the Minister for Small Business to consult or advise existing contract holders of the government’s decision before issuing a media release,

(c) recognises the valuable work undertaken by the 50 BEC’s with 178,000 small business clients, 42,000 face to face counselling sessions and over 700 training programs in 2002-2003, alone, and over 50,000 jobs created with BEC’s support over the past ten years,

(d) notes the decision by the Government highlights its ignorance of the needs of small and diverse communities that are geographically isolated,

2856 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(e) condemns the decision as being anti-small business, and

(d) calls on the Government to rescind its decision.

(Notice given 22 June 2004)

88. Ms Cusack to move—

That this House:

(a) notes that the Minister for Women is committed to maintaining the NSW Women’s Grants Program, which currently receives $1.115 million,

(b) notes that the mini-Budget estimates put total funding available for the Department of Women in 2005-2006 at $1.125 million,

(c) notes that if funding is to be maintained for the Grants Program without indexation, it would appear to leave just $10,000 funding available for the new Office of Women in the Premier’s Department,

(d) calls on the Government to maintain the Women’s Grants Program at existing levels, plus indexation,

(e) calls for additional funds to be made available to properly fund and staff the new Office of Women,

(f) calls for the new senior position heading the Office of Women to be appointed at Assistant Director General level within the Premier’s Department, and

(g) calls for funding and staffing to be transparent in the forthcoming NSW Budget.

(Notice given 22 June 2004)

89. Ms Rhiannon to move—

That this House:

(a) notes that capsicum spray was introduced for police use in November 1997 as a “non-lethal alternative to firearms”,

(b) notes the incidents during recent student protests at the University of Technology, Sydney, when police used capsicum spray against unarmed protesters,

(c) states that these incidents have again demonstrated that the NSW Police Service is now using capsicum spray as an additional weapon of punishment in circumstances where firearms would never have been used,

(d) calls on the Government to conduct a review of police use of capsicum spray

(e) recommends that this review develop guidelines that would ensure capsicum spray is only used, if at all, in the situations for which it was intended.

(Notice given 22 June 2004)

2857 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

90. Mrs Forsythe to move—

That this House:

(a) notes the Minister for Health’s media release of 1 June 2004 threatening $4 million cuts to the funding of breast screening programs in New South Wales,

(b) expresses concern that if these funding cuts proceed, the number of breast screenings would be cut by more than 40,000,

(c) expresses concern that the State Government is playing politics with such an essential women’s health program as part of its negotiations with the Federal Government over health funding,

(d) calls on the Government to immediately commit to maintain funding to BreastScreen NSW to ensure effective breast cancer screening for women in New South Wales, and

(d) notes that this funding could be sought through either:

(i) abolishing the State Government’s $4 million Statewide media monitoring apparatus,

(ii) reducing by 50% for one month the State Government’s spending on advertising, and

(iii) reversing the 20% growth over the past four years in the number of bureaucrats employed by NSW Health.

(Notice given 22 June 2004)

91. Ms Rhiannon to move—

That this House:

(a) notes the increasing use of drug sniffer dogs at nightclubs, railway stations, concerts and other places where young people either seek enjoyment or go about their normal activities,

(b) notes numerous reports of abusive behaviour and/or harassment by police using sniffer dogs,

(d) states that the use of sniffer dogs on the public transport system will draw more young people into the criminal justice system, which will not prevent crime nor minimise the harm caused by drugs,

(e) states that sniffer dogs are a waste of police resources, because each dog costs $90,000 but the dogs almost never catch the real targets such as the big drug dealers and manufacturers,

(f) urges the Government not to use sniffer dogs for low-level drug operations and “fishing expeditions”.

(Notice given 22 June 2004)

92. Ms Rhiannon to move—

That this House:

(a) condemns the Government’s move to abolish the policy and legal advisory arm of Privacy NSW, which will turn this important agency into little more than a complaints handling body,

2858 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(b) sees the attack on Privacy NSW as the latest in a series of attempts by the Government to muzzle independent watchdogs and policy agencies, including:

(i) the abolition of the Inspector-General of Prisons, (ii) funding cuts to the Anti-Discrimination Board, (iii) the abolition of the Department of Women, (iv) the move to restrict or revisit the powers of the Independent Commission Against Corruption,

(i) reducing accountability by preventing the kind of scrutiny that these agencies offer, (ii) cutting public service jobs,

(d) calls on the Government to:

(i) restore funding for the Anti-Discrimination Board and the Department of Women, (ii) provide Privacy NSW with additional funding to meet its growing responsibilities in the health sector, and across the board.

(Notice given 22 June 2004)

93. Ms Rhiannon to move—

That this House:

(a) acknowledges the vital work carried out by the Department of Women, including:

(i) research and policy development on important issues for women and girls, (ii) community programs for women across New South Wales, (iii) provision of grants for grassroots women's community organizations,

(b) recognises that:

(i) for the third consecutive year, the pay gap between men and women in the New South Wales public sector has increased, with women still earning less than 70% of men’s average weekly earnings, (ii) the rate and number of reported sexual assaults upon women have been steadily rising in Australia since 1997,

(d) expresses its strongest opposition to the Government’s dismantling or undermining of government agencies and bodies including the NSW Anti-Discrimination Board, the Women's Equity Bureau of the Office of Industrial Relations and the Office of the Director of Equal Opportunity in Public Employment,

(e) calls on the Government to reverse its decision to abolish the Department of Women and to reverse the cuts to the Department’s budget.

(Notice given 22 June 2004)

2859 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

94. Ms Rhiannon to move—

That leave be given to bring in a Bill for an Act to amend the Crimes Act 1900 with respect to industrial manslaughter; and for other purposes.

(Crimes Amendment (Industrial Manslaughter) Bill

(Notice given 22 June 2004)

95. Ms Cusack to move—

That this House:

(a) notes the unanimous vote of Country Labor delegates at last weekend’s Country Labor Conference in Bathurst calling on the Government to reinstate the Murwillumbah XPT service,

(b) notes the arrogance and contempt displayed towards Country Labor by the Premier and the Minister for Transport who instantly dismissed the views of their Country Labor colleagues, and

(c) notes with regret that the Country Labor motion passed unanimously in Bathurst concerning country rail services has not been considered by the Government which therefore neglects the travel requirements of country people.

(Notice given 23 June 2004)

*96. Crown Lands (Prevention of Sale) Bill 2004—resumption of the adjourned debate of the question on the motion of Mr Cohen: That this bill be now read a second time (5 calendar days from 28 June 2004)—Dr Chesterfield-Evans.

97. Ms Hale to move—

That this House:

(a) condemns current and past state and federal governments for:

(i) the consistent under funding of public housing that has resulted in the gradual slide from public housing to last resort welfare housing,

(ii) the decline in public housing stock that has resulted in a chronic housing shortfall and waiting lists of up to ten years.

(b) condemns the NSW Government for:

(i) allowing 26,000 people to remain homeless in New South Wales, 35% of whom are youth aged between 12 and 24,

(ii) not providing permanent housing to the more than 6000 homeless children between 12 and 18 years of age, and the additional 5000 children living in refuges,

(iii) funding only 220 additional housing units in this year’s budget, despite a waiting list of more than 100,000 people,

(iv) introducing the Residential Tenancies Amendment (Public Housing) Bill 2004 which will directly result in more homeless people living on the streets in New South Wales,

2860 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(c) demands that state and federal governments allocate more funding to public housing to alleviate the chronic problem of homelessness.

(Notice given 23 June 2004)

98. Ms Hale to move—

That this House:

(a) endorses the findings of the special report of the Ombudsman entitled “DADHC - The need to improve services for Children, young people and their families – A report arising from an investigation into the Department of Ageing, Disability and Home Care,” dated April 2004.

(b) condemns the continuing failure of the Government to properly address the ongoing crisis in supported accommodation and respite places across New South Wales,

(c) recognises the ongoing collective hard work, commitment and dedication shown by the staff of the State’s non-government disability service providers,

(d) commends the invaluable contribution made by the State’s carers and by the families of people with disabilities in New South Wales and recognises that their collective efforts save the Government approximately $5.4 billion in expenditure each year.

(Notice given 24 June 2004)

99. Ms Hale to move—

That this House:

(a) recognises people with disabilities as integral members of the community, deserving of the same opportunities as all members of society;

(b) supports provision of attendant care services and physical aids to facilitate independent living by people with disabilities,

(c) recognises that adequate funding must be allocated to ensure that independent living is an option for those people with disabilities who are capable and desirous of achieving it,

(d) condemns the Government for not allocating in the 2004-2005 budget the full $30 million needed to adequately fund the Program of Appliances for Disabled People.

(Notice given 24 June 2004)

100. Mr West to move—

That this House:

(a) notes the relative and absolute increase in the number of casual jobs which make up workplaces around Australia,

(b) notes that it is becoming increasingly common for employees to receive short shifts rather than more meaningful rostered hours,

(i) prevents employees from receiving superannuation payments,

2861 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(ii) increases the ratio of travelling time to earning time,

(iii) causes casual employees to have total weekly hours below the minimum to qualify for part-time work,

(iv) causes employees to never receive paid breaks, and

(v) forces many employees to seek multiple jobs to earn sufficient money,

(d) notes that those who seek multiple jobs are further disadvantaged by:

(i) working total hours which would attract overtime penalty rates if with a single employer but which do not qualify across multiple employers,

(ii) making the minimum break provisions between shifts meaningless, and

(iii) meeting the minimum income for superannuation as total income without reaching the threshold across each employer,

(e) notes that this has an adverse impact on the community by:

(i) reducing the number of full time and other permanent jobs,

(ii) undermining working entitlements, and

(iii) preventing appropriate retirement savings from being put aside through superannuation,

(f) urges future reports on employment in Australia to indicate:

(i) trends in the numbers of people working multiple jobs, and

(ii) how many employees are employed in jobs which do not earn sufficient money to qualify for compulsory superannuation, cross referenced to the age and sex of employees,

(g) supports any future moves within the Industrial Relations Commission to vary awards to increase the casual loading for casuals working short shifts.

(Notice given 28 June 2004)

101. Ms Rhiannon to move—

1. That this House notes:

(a) that on 2 November 2000, the Special Minister of State, the Hon. John Della Bosca MLC, was quoted as saying that “if cannabis can relieve the suffering of people in terrible pain, then we should make every effort to explore how that can be done”,

(b) that two and a half years later, on 21 May 2003, Premier Bob Carr announced that a medicinal cannabis trial would begin at the end of that year, saying in question time that “no decent government can stand by while fellow Australians suffer like that, while ordinary people feel like criminals for simply medicating themselves”,

(c) that the Special Minister of State, in answering a question on notice no. 259 of October 2003 from Greens MLC Ms Lee Rhiannon, said exposure legislation would be released “later in the year”,

(d) that on 12 December 2003, the Special Minister of State was unable to answer a question without notice from Greens MLC Ms Lee Rhiannon as to when the trial would start, 2862 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(e) that when an answer to the 12 December 2003 question was supplied on 24 February 2004, the Government said it would make an announcement “in due course”,

(f) that on 13 May 2004, the Premier wrote to Prime Minister John Howard asking for his support for sourcing the cannabis from Canada, saying there were complex jurisdictional issues,

(g) that it is coming up to 4 years since the Government began promising to relieve suffering for those in terrible pain,

(h) that the Tasmanian Opium Poppy Board is run by the Tasmanian Government without reference to federal legislation, suggesting jurisdictional issues are not an obstacle to a medicinal cannabis trial,

(i) that it is open to NSW Health to make recommendations to the National Poison Drugs Scheduling Committee, which can reschedule cannabis from one drug category to another and allow medical trials,

(j) that universities could undertake medicinal cannabis trials under section 23 of the Drugs Misuse and Trafficking Act, and Southern Cross University stands ready to do so,

(k) that Canada and the United Kingdom got medical trials off the ground using a supply of confiscated cannabis,

(l) that in June 2004, the Government rejected an application from the Royal North Shore Hospital to trial an application of medicinal cannabis for pain relief, and

(m) that the Government is ignoring information and proposals that could allow medical trials to proceed forthwith.

2. That this House condemns the Government’s four years of delay, neglect and obfuscation, which have prolonged the uncertainty and suffering of many Australians.

3. That this House calls on the Government to desist with delays and begin trials of medicinal cannabis in the immediate future.

(Notice given 28 June 2004)

102. Mrs Pavey to move—

That this House:

(a) notes the significant contribution of the federal Nationals in securing the economic prosperity of regional Australia and in particular rural and regional New South Wales through:

(i) Deputy Prime Minister and federal Nationals Leader John Anderson securing the historic water sharing agreement which will guarantee water rights and investment security for primary producers while achieving better environmental flows,

(ii) Deputy Prime Minister and federal Nationals Leader John Anderson redirecting part of the $7.8 billion interest savings per annum the Commonwealth has created by paying off Labor debt, into a $2.5 billion building bonanza for road and rail infrastructure in New South Wales this financial year, and

(iii) the Free Trade Agreements the Hon Mark Vaile has achieved between Singapore, Thailand and the United States, the world’s biggest economy, for our primary producers and manufacturers,

2863 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(b) condemns the Latham-led Labor Opposition for their misleading advertisement in the Dubbo Daily Liberal on 26 June 2004 which claims to support farmers yet does not reveal Mark Latham’s true policy agenda for rural and regional Australia which includes:

(i) abolishing junior wage rates,

(ii) forcing small businesses to make redundancy payments for the first time ever,

(iii) allowing union officials the right of entry into small business at any time including home based business, and

(iv) imposing the first federal Payroll Tax since 1971,

(c) notes that while claiming to support farmers on one hand Mark Latham has preached in the Daily Telegraph on 5 March 2001 that “the most disadvantaged and powerless Australian’s do not live in the bush. They live in the outer suburbs of out of major cities.”

(Notice given 29 June 2004)

103. Mr Jenkins to move—

That, under standing order 52, there be laid upon the table of the House within 14 days of the date of passing of this resolution the following documents in the possession, custody or control of the Minister for the Environment, the Department of Environment and Conservation, the Royal Botanic Gardens and Domain Trust, the Minister for Infrastructure and Planning and Minister for Natural Resources, and the Department of Infrastructure Planning and Natural Resources, relating to the removal of trees from the Domain during 2004:

(a) all documents prepared by arborists or other scientific or technical reports on the state of the trees proposed to be removed from the Domain,

(b) all documents relating to communications between the National Parks and Wildlife Service, the Royal Botanic Gardens and Domain Trust, and other government agencies related to the removal of the trees,

(Notice given 29 June 2004)

104. Ms Robertson to move—

That this House:

(a) notes media comment following the press conference on the release of General Purpose Standing Committee No. 2 report entitled “Complaints handling within NSW Health” at which the Chair described the health system as having been run by “an old girls network”, including but not limited to:

(i) The Sydney Morning Herald on 24 June 2004 in the online edition

(ii) The Sydney Morning Herald on 25 June 2004, at page 2,

(iii) AAP on 24 June 2004 (two bulletins),

(iv) ABC news and current affairs reports on 24 and 25 June 2004,

2864 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(v) The Daily Telegraph on 25 June 2004, on the front page on pages 12 and 13 and in the Editorial,

(vi) The Sun Herald on 27 June 2004, at page 7,

(b) notes that there was absolutely no reference in the report to ‘an old girls network’,

(d) notes that about 70% of the health workforce are women, and that it is only in recent times that there has been an increase in the percentage of women in general management within the health sector,

(e) expresses grave disappointment that rather than emphasising the very important recommendations of the report, the chair of the committee engaged in hyperbole, and

(f) notes the very important recommendations in the report, namely:

Recommendation 1 That the NSW Minister for Health raise with his counterparts on the Australian Health Ministers' Advisory Council whether the criteria used by the Australian Council on HealthCare Standards in its accreditation surveys of health services is an appropriate measure of quality.

Recommendation 2 That NSW Health discuss with the relevant health professional bodies in New South Wales to ensure that all training programs incorporate competencies regarding quality and safety issues, including the Open Disclosure Standard, as part of the registration process.

That evidence of ongoing professional development in these issues should be an essential requirement of registration.

Recommendation 3 That Area Health Service boards formally adopt the principles of open disclosure via performance agreements with NSW Health and affirm their commitment to the full implementation of the Open Disclosure Standard developed by the Australian Council for Safety and Quality in Health Care.

Recommendation 4 That the NSW Minister for Health raise with his counterparts on the Australian Health Ministers' Advisory Council the possible elevation of complaints handling in the Evaluation and Quality Improvement Program, conducted by the Australian Council on Healthcare Standards.

Recommendation 5 That the NSW Minister for Health raise with his counterparts on the Australian Health Ministers' Advisory Council incorporation of the Open Disclosure Standard in the current version of the Evaluation and Quality Improvement Program conducted by the Australian Council on Healthcare Standards.

Recommendation 6 That the NSW Minister for Health raise with his counterparts on the Australian Health Ministers' Advisory Council the provision of an annual update on the implementation of the Open Disclosure Standard, for the first two years following its incorporation into the Evaluation and Quality Improvement Program conducted by the Australian Council on Healthcare Standards.

Recommendation 7 That as part of their performance agreements all health managers in NSW undergo training in quality and safety principles, including the Open Disclosure Standard, and that this become an essential requirement of their continued employment.

2865 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

Recommendation 8 That the proposed Clinical Excellence Commission in conjunction with NSW Health undertake an extensive public education campaign to inform the community about: • simple steps to make health complaints • the nature and extent of adverse events in the health care system • realistic expectations of health care • changes to the regulatory framework for health care complaints and consumers rights.

Recommendation 9 That NSW Health publish comparative data on adverse events in Area Health Services across New South Wales in Annual Reports and on its Website.

Recommendation 10 That the New South Wales Government convene a summit on medical adverse events within the next 12 months.

Recommendation 11 That a suitable mechanism be identified by NSW Health to ensure the results of accreditation surveys conducted by the Australian Council on Healthcare Standards be provided to the Department within two weeks of their completion.

Recommendation 12 That NSW Health publish all accreditation reports prepared by the Australian Council on Healthcare Standards and any rectification reviews prepared by health services in response to these reports.

Recommendation 13 That NSW Health take steps to ensure senior health managers are aware of the existing protocols in relation to notifying family members about the referral of a death to the Coroner.

Recommendation 14 That NSW Health implement a State-wide protocol to ensure that the patient or next of kin of a patient whose treatment is the subject of a Root Cause Analysis is informed of the conduct and results of this analysis by a suitable clinician.

Recommendation 15 That the NSW Clinical Excellence Commission conduct a study on the feasibility of introducing mandatory reporting of all or certain classes of incidents to health service management and to the Department of Health.

Recommendation 16 That NSW Health ensure that in all area health services each clinical team should have regular review meetings on a protocol set up by management and audited by the Clinical Excellence Commission.

Recommendation 17 The Health Care Complaints Act 1993 and the Protected Disclosures Act 1994 be amended to protect the identity of whistleblowers when they require it and to provide protected disclosure safeguards for health practitioners, including nurses in both the public and private sectors.

Recommendation 18 That the NSW Medical Board be asked to clarify why the practitioner who treated Mrs Daly- Hamilton has not been referred to the South Australian Medical Board.

2866 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

Recommendation 19 That the proposal to split responsibility for the investigation of systemic and individual complaints between the Clinical Excellence Commission and the Health Care Complaints Commission, be reassessed following the release of the final report of the Special Commission of Inquiry into Campbelltown and Camden Hospitals.

(Notice given 29 June 2004)

105. Ms Hale to move—

That this House:

(a) condemns government cuts to the Adult Training Learning and Support (ATLAS) and Post School Options (PSO) programs that will result in cuts of up to 60% in the level of funding going to many disabled clients,

(b) notes the partial “back-flip” by the government to maintain the PSO program for existing participants, but is concerned that this will create an unjust two tiered system whereby existing and new participants will be treated differently,

(c) rejects the government’s rationale that the programs were axed because they failed to get people into paid employment,

(d) recognises the impact these cuts will have not only on program recipients, but also on their carers, many of whom are already struggling to cope in an environment of inadequate government support,

(e) congratulates carers and family members for the massive contribution they make, and recognises that carers’ unpaid work saves the government approximately $4.5 million per annum,

(f) calls on the government to reconsider cuts to the ATLAS/PSO programs and to expand, rather than reduce disability support services.

(Notice given 31 August 2004)

106. Mr Tsang to move—

That this House:

(a) expresses concern at Telstra’s submission to the ACCC’s review into price controls calling for an end to the 22 cent cap on local call costs,

(b) notes that this would allow Telstra to increase local call costs at their discretion, leading to higher local call costs for consumers and paving the way for timed local calls,

(c) expresses concern at the effect this would have on consumers, particularly those consumers who are vulnerable and isolated and rely on the telephone as a means of communication,

(d) notes that Telstra’s actions in calling for a price hike reflect a response to shareholder pressure for profits over a commitment to providing an equitable service to the community, and further notes that such pressures will only be exacerbated if Telstra is fully privatised, and

(e) calls on the next Federal Government to commit to tightening the price control regime, maintaining capped local call costs, and retaining majority public ownership in Telstra.

(Notice given 31 August 2004)

2867 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

107. Ms Cusack to move—

(a) all papers, including the final report, of the Department of Education and Training taskforce established by the Minister for Education and Training to audit the work of the property section in relation to maintenance of public schools,

(b) all papers produced since the audit report which relate to work required, work planned and work completed on school maintenance, and

(Notice given 31 August 2004)

108. Ms Burnswoods to move—

That this House: (a) opposes the closure of the Faculty of Nursing at Sydney University,

(b) notes with concern that since the election of the Howard Government in 1996, 18,000 nursing applicants have been turned away from university because there are not enough places,

(d) calls on the new Federal Government to work with the New South Wales Government to address the shortage of nursing places in New South Wales universities.

(Notice given 31 August 2004)

109. Ms Fazio to move—

That this House:

(a) notes the Prime Minister's recent comments that greater trade union involvement in industrial relations policy making poses a threat to business and the Australian economy,

(b) notes that with two million members, the trade union movement is the largest community based organization in Australia,

(c) condemns the Prime Minister for his attempt to portray two million hardworking Australians as a threat to the national interest.

(Notice given 31 August 2004)

110. Ms Rhiannon to move—

That this House:

(a) notes that the Department of Education and Training (the Department) released a Code of Conduct for all its staff, including TAFE NSW and the Adult Migrant Education Service (AMES), that took effect from 15 June 2004,

2868 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(b) notes that this Code has been released in a period of public education funding cutbacks and the proposed contracting out of teaching and principals’ positions,

(i) acting to politicise the public service in general, and the Department’s staff in particular, by imposing a Code on staff that inseparably links the ‘public interest’ with the Government’s political agenda (noting in particular paragraphs 12.1, 13.2, 23.2, 25.1 and 44.2 of the Code),

(ii) developing a Code that may potentially intimidate teachers, principals and other Departmental staff and discourage them from speaking out in the community about matters of serious concern that impact upon:

(a) the quality of education for NSW students, and (b) conditions for staff, and

(iii) releasing the Code with inadequate consultation or approval from key interest groups such as the NSW Teachers Federation, the Public Schools Principals Forum or the Professional Teachers Council of NSW,

(d) calls on the Government to withdraw the Code and institute a process whereby a new Code is drafted and approved by members of the teachers’, principals’, parents and students’ communities of NSW, including the NSW Teachers Federation.

(Notice given 31 August 2004)

111. Mr Catanzariti to move—

That this House:

(a) welcomes the announcement that a Federal Labor government will release an additional $15 million designated funding a year for ten years to the Pacific Highway upgrading program,

(b) notes that under agreement with the New South Wales Government, this will allow the release of the equivalent amount from state funds to restore rail services between Casino and Murwillumbah as soon as possible,

(c) recognises that Federal and State Labor have a long history of delivering transport solutions for the North Coast, having signed the original funding agreement for the Pacific Highway in the mid-1990s,

(d) congratulates State and Federal Labor for delivering a win-win solution for the North Coast community, and

(e) calls on the current Federal Transport Minister to match this funding if re-elected.

(Notice given 31 August 2004)

112. Ms Rhiannon to move—

That this House:

(a) notes that a number of local councils have adopted a ban for the use of all James Hardie products and services until they are satisfied that all of James Hardie’s current and future compensation liabilities are met, and

2869 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(b) calls on the NSW Government to boycott the use of all James Hardie products and services until it is satisfied that all of James Hardie’s current and future compensation liabilities are met.

(Notice given 1 September 2004)

113. Ms Rhiannon to move—

That this House:

(a) notes that:

(i) public confidence in James Hardie Industries has been eroded after it under-funded its compensation scheme and moved its headquarters offshore to avoid or minimise its future compensation liabilities,

(ii) the Asbestos Diseases Foundation of Australia and the victims of asbestos related diseases, their families and carers oppose James Hardie’s proposed statutory scheme to cap the maximum compensation available to victims of asbestos disease caused by James Hardie products,

(iii) the existing compensation scheme allows for the expedient hearing of victims’ claims, given that the claimants are suffering from fatal diseases and do not have long to live,

(b) calls on the NSW Government to:

(i) reject James Hardie’s proposed scheme for a state administered statutory scheme to administer the claims of asbestos victims against James Hardie that caps the maximum compensation available to victims of asbestos disease,

(ii) retain and support the existing compensation scheme,

(iii) appoint a special prosecutor with the Crown Solicitor’s Office to pursue all claims against James Hardie and other involved parties, with the proceeds going to the Medical Research and Compensation Foundation, and

(iv) grant the Special Prosecutor the discretionary authority to fast track claims from victims who do not have long to live.

(Notice given 1 September 2004)

114. Mr Gallacher to move—

1. That this House notes:

(a) statements by the Honourable Michael Costa MLC in the House on 31 August 2004 that “…the Leader of the Opposition again sought to distort the facts…” and further “He made extraordinary claims today that the Government’s reform package would lead to fare increases in the Sutherland Shire. That is absolutely wrong.”,

(b) that Sutherland Shire currently has bus services provided by the State Transit Authority, as well as private bus companies,

(c) that Sutherland Shire residents travelling from Miranda to Rockdale by State Transit bus will pay an additional 10c per single journey under the Government’s reform package, and

2870 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(d) that Sutherland Shire residents travelling from Miranda to Rockdale using TravelTen bus tickets will pay an additional $6.90 for a Red TravelTen by the second year under the Government’s reform package.

2. That, for the above reasons, this House calls on the Honourable Michael Costa MLC, Minister for Transport Services, Minister for the Hunter and Minister Assisting the Minister for State Development to clarify whether he intentionally misled the House or was saying anything and distorting any fact to get a headline, and calls on the Minister to get his facts right before he makes statements in this House.

(Notice given 2 September 2004)

115. Mr Gay to move—

That this House calls on the Minister for Primary Industries to recommend to Her Excellency the Governor the making of a regulation to amend the Stock Diseases (General) Regulation 2004 to include a new timetable for introduction of the new scheme for the mandatory permanent identification of stock in order to:

(a) postpone the commencement of the requirement for the owner of identifiable stock born on or after that date to identify the stock before they leave their property of birth, from the current date of 1 July 2004 until 1 July 2005,

(b) postpone the commencement of the requirement for the owner of any identifiable stock (irrespective of age) to identify the stock before they leave any property on which they are kept (except bobby calves direct to slaughter), from the current date of 1 July 2005 until 1 January 2006,

(c) postpone the commencement of the requirement for saleyards to notify the National Livestock Identification Scheme (NLIS) database of all cattle being sold from the current date of 1 July 2005 until 1 January 2006, and

(d) retain the current date of 1 January 2006 for the commencement of the requirement for notification to the NLIS database of all movements of cattle between properties.

(Notice given 2 September 2004)

116. Ms Rhiannon to move—

That this House:

(a) recognises that New South Wales is very well served by its Technical and Further Education System system, which supports wealth creation and provides opportunities for all Australians to participate in the economic, cultural and political life of our society,

(b) recognises the excellent work done by TAFE teachers, both permanent, part-time and casual, despite inadequate pay and poor conditions and the absence of sufficient support from State and Federal governments,

(d) calls on the Government to immediately institute pro-rata pay and conditions for part-time and casual TAFE teachers, regardless of any determination of the Industrial Relations Commission,

(e) notes that in 2003 New South Wales already had some of the most expensive TAFE fees in Australia, even before the large fee increases of 2004, 2871 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(f) notes that rather than the expected 5 per cent Australia-wide growth, New South Wales student enrolments declined in the first quarter of 2004 by about 9 per cent,

(g) notes with grave concern the economic hardship these fees are causing many TAFE students,

(h) calls on the Government to work toward the abolition of fees and materials charges for all TAFE courses, and, in the short term, to reduce the fees at Certificate IV and Diploma levels, and to adopt a fair fee structure for part-time students,

(i) condemns the chronic under-funding of TAFE by both State and Federal governments, including the Carr Government’s reduction in per-student investment in TAFE of 25per cent in real terms over the past five years, and

(j) calls on the Government to significantly increase funding in real terms in the 2004-05 New South Wales TAFE budget.

(Notice given 14 September 2004)

117. Mr Ryan to move—

That this House:

(a) condemns Premier Bob Carr for attacking people with disabilities and their families who were protesting against the Governments cuts to the Adult Training Learning and Support (ATLAS) and Post School Options (PSO) programs in Wollongong on 7 September 2004, calling the demonstrators “rabble” and claiming their protest was of “a 1960’s mind set” that “would damage the image of the Illawarra region”,

(b) affirms its opposition to the Carr Government’s cuts to the ATLAS and PSO programs.

(Notice given 15 September 2004)

118. Mrs Forsythe to move—

That this House:

(a) welcomes the commitment by the Director General of Education and Training to adopt the recommendations by the Auditor General to strengthen school annual reports by including information which allows parents to make comparisons between schools in like circumstances with more emphasis on “value adding”,

(b) notes that this effectively endorses the policy the Coalition took to the last election, and

(c) calls on the Minister for Education and Training to support the Director General and get on with the job of implementing the Auditor General’s recommendations.

(Notice given 16 September 2004)

119. Ms Fazio to move—

That this House:

(a) notes the impact of the protracted road works in Macleay Street Kings Cross including:

2872 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

(i) the disruption to traders and shopkeepers who have reported loss of trade of up to 75 per cent, and (ii) the considerable inconvenience to local residents, tourists and pedestrians, and

(b) calls upon the Lord Mayor of Sydney and the council of the City of Sydney to expedite completion of these works and ensure there are no further delays.

(Notice given 16 September 2004)

120. Ms Fazio to move—

That this House:

(a) notes the rally held by banana growers from New South Wales and Queensland in Coffs Harbour on 13 September 2004 to protest against imports from the Philippines, and

(b) supports the concerns of growers and industry stakeholders and the actions of the Minister for Primary Industries in opposing the decision of Biosecurities Australia to give the green light to imported bananas which will expose local crops to the risk of disease from overseas.

(Notice given 16 September 2004)

121. Ms Griffin to move—

That this House:

(a) recognises the strong evidence that co-located general practice (GP) clinics help to reduce pressure on busy public hospital emergency departments,

(b) condemns the Federal Minister for Health Tony Abbott for refusing to adequately fund such clinics despite many attempts by the New South Wales Minister for Health to convince the Federal Minister these clinics will be strongly welcomed in the New South Wales community, and

(c) calls on the Federal Minister for Health to provide funding for a co-located GP clinic at Canterbury Hospital where it would be strongly welcomed by the local community.

(Notice given 22 September 2004)

122. Mr Cohen to move—

That the reporting date for the reference to General Purpose Standing Committee No. 5 relating to the closure of residential training at the Murrumbidgee College of Agriculture be extended to Thursday 21 October 2004.

(Notice given 22 September 2004)

* Council Bill

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2873 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

GOVERNMENT BUSINESS—NOTICES OF MOTIONS

1. Mr Costa to move—

That this House:

(a) condemns the Opposition for failing to recognise the needs of seniors and people with disabilities on the rail system in relation to dwell times,

(b) notes today’s Sydney Morning Herald report of the interjection by the Hon John Ryan, the Opposition’s spokesman on Community Services, mocking passengers with frailties, specifically those who have had hip replacements,

(d) calls on the Leader of the Opposition, the Hon Michael Gallacher, to clarify whether the Opposition is calling on CityRail to ignore the needs of the elderly and people with disabilities and reduce train dwell times at stations; and

(e) calls on the Leader of the Opposition to immediately apologise to seniors and people with disabilities for the offensive and insensitive comments by members of the Opposition.

(Notice given 16 September 2004)

2. Mr Costa to move—

1. That this House requests the Honourable Melinda Pavey to table in the House, within one day of the date of passing of this resolution, the feasibility study by PricewaterhouseCoopers, and any supporting documentation, into the re-opening of the Casino-Murwillumbah rail line, referred to by her in a question without notice to the Minister for Transport Services on Tuesday 14 September 2004.

2. That, on tabling, the document is authorised to be published.

(Notice given 15 September 2004)

______

GOVERNMENT BUSINESS—ORDERS OF THE DAY

1. Liquor Amendment (Racing Clubs) Bill 2004: second reading—Mr Macdonald.

(Standing orders suspended for remaining stages, Wednesday 23 June 2004)

2. National Parks and Wildlife Amendment (Jenolan Caves Reserve Trust) Bill 2004: second reading—Mr Hatzistergos.

(Standing orders suspended for remaining stages, Tuesday 22 June 2004)

2874 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

*3. Retail Leases Amendment Bill 2004: resumption of the adjourned debate of the question on the motion of Mr Kelly: That this Bill be now read a second time (5 calendar days from 29 June 2004)— Mr Harwin.

* Council Bill

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WEDNESDAY 20 OCTOBER 2004

COMMITTEE REPORTS—ORDERS OF THE DAY

(Standing committee reports to be considered for 1 hour on Wednesdays after question time according to resolution)

1. General Purpose Standing Committee No. 2: Report No. 17 entitled “Complaints handling within NSW Health”, dated June 2004: resumption of the interrupted debate (22 September 2004) of the question on the motion of Revd Dr Moyes: That the House take note of the report—Revd Dr Moyes speaking. (5 minutes remaining)

2. Standing Committee on Social Issues: Report No. 32 entitled “Inquiry into issues relating to Redfern and Waterloo: Interim Report”, dated August 2004: resumption of the adjourned debate (31 August 2004) of the question on the motion of Ms Burnswoods: That the House take note of the report—Ms Burnswoods speaking. (15 minutes remaining)

3. Standing Committee on Social Issues: Report No. 33 entitled “Report on the Inebriates Act 1912”, dated August 2004: resumption of the adjourned debate (31 August 2004) of the question on the motion of Ms Burnswoods: That the House take note of the report—Ms Burnswoods speaking. (15 minutes remaining)

______

WEDNESDAY 20 OCTOBER 2004

BUDGET ESTIMATES—TAKE NOTE DEBATE

(Debate on Budget Estimates to be considered for 2 hours after debate on Committee Reports on Wednesdays according to resolution)

1. Budget Estimates 2004-2005: resumption of the adjourned debate (1 September 2004) of the question on the motion of Mr Della Bosca (on behalf of Mr Egan): That the House take note of the Budget Estimates and related papers for the financial year 2004-2005—Mr West.

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2875 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

CONTINGENT NOTICES OF MOTIONS

Note: Contingent notices of motion are listed in full on the Notice Paper for the first sitting day of each week. On other days only new contingent notices will be published in the Notice Paper.

PASSING OF GOVERNMENT BILLS THROUGH ALL STAGES

10. Mr Egan to move—

Contingent on any of the undermentioned bills being presented by the Legislative Assembly to the Legislative Council for its concurrence and having been read by the Council for the first time: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present of any one sitting of the House:

Child Protection (Offenders Registration) Amendment Bill 2004

(Notice given at 2.58 pm, 31 August 2004)

Administrative Decisions Tribunal Amendment Bill 2004 Professional Standards Amendment Bill 2004 Registered Clubs Legislation Amendment Bill 2004 Threatened Species Legislation Amendment Bill 2004

(Notice given at 11.15 am, 1 September 2004)

Anti-Discrimination Amendment (Miscellaneous Provisions) Bill 2004 Classification (Publications, Films and Computer Games) Enforcement Amendment (Uniform Classification) Bill 2004 Police Integrity Commission Amendment Bill 2004 Stock Medicines Amendment Bill 2004

(Notice given at 11.11 am, 15 September 2004)

Health Legislation Further Amendment Bill 2004 State Records Amendment Bill 2004

(Notice given at 11.08 am, 22 September 2004)

______

BILLS DISCHARGED, LAID ASIDE, NEGATIVED OR WITHDRAWN

§ Parliamentary Electorates and Elections Amendment (Joint Parliamentary Committee) Bill 2003 Discharged and withdrawn, 13 November 2003

§ Voluntary Euthanasia Trial (Referendum) Bill 2003 Second reading negatived, 13 November 2003

§ Crimes Amendment (Protection of Innocent Accused) Bill 2003 Discharged and withdrawn, 11 March 2004

2876 Legislative Council Notice Paper No. 72—Thursday 23 September 2004

§ Developer Donations (Anti-Corruption) Bill 2003 Second reading negatived, 11 March 2004

Local Government Amendment Bill 2003 Discharged and withdrawn, 29 June 2004

Environmental Planning and Assessment Amendment (Planning Agreements) Bill 2003 Discharged and withdrawn, 29 June 2004

Privacy and Personal Information Protection Amendment Bill 2003 Discharged, 29 June 2004

§ Private Members Public Bill

John Evans Clerk of the Parliaments

Authorised by the Parliament of New South Wales