Questions and Answers

67 PROOF

LEGISLATIVE COUNCIL

QUESTIONS AND ANSWERS

No. 15

MONDAY 27 MAY 2019

(The Questions and Answers Paper published for the first sitting day in each week will contain, by number and title, all unanswered questions, together with questions to which answers have been received on the previous sitting and any new questions. On subsequent days, new questions are printed, as are questions to which answers were received the previous day. Consequently the full text of any question will be printed only twice: when notice is given; and, when answered.)

Notice given on date shown 68 Legislative Council Questions and Answers No. 15— Monday 27 May 2019

Publication of Questions Answer to be lodged by

Q & A No. 1 (Including Question Nos 0001 to 0002) 28 May 2019

Q & A No. 2 (Including Question Nos 0003 to 0033) 29 May 2019

Q & A No. 3 (Questions—Nil) -

Q & A No. 4 (Including Question Nos 0034 to 0036) 31 May 2019

Q & A No. 5 (Including Question Nos 0037 to 0039) 03 June 2019

Q & A No. 6 (Including Question Nos 0040 to 0042) 04 June 2019

Q & A No. 7 (Including Question Nos 0043 to 0046) 05 June 2019

Q & A No. 8 (Questions—Nil) -

Q & A No. 9 (Questions—Nil) -

Q & A No. 10 (Questions—Nil) -

Q & A No. 11 (Including Question Nos 0047 to 0050) 11 June 2019

Q & A No. 12 (Including Question Nos 0051 to 0054) 12 June 2019

Q & A No. 13 (Questions—Nil) -

Q & A No. 14 (Questions—Nil) -

Q & A No. 15 (Including Question Nos 0055 to 0071) 17 June 2019 69 Legislative Council Questions and Answers No. 15— Monday 27 May 2019

27 MAY 2019 (Paper No. 15)

55 JOBS, INVESTMENT, TOURISM AND WESTERN SYDNEY—DATA ON BUNGARRIBEE PARK SYDNEY ZOO—Ms Hurst to ask the Minister for Finance and Small Business representing the Minister for Jobs, Investment, Tourism and Western Sydney— With regard to the Bungarribee Park Sydney Zoo: (1) What is the size of (a) the chimpanzee enclosure (b) the gorilla enclosure (c) the elephant enclosure (d) the orangutan enclosure (e) the lion enclosure (2) How does the size of these enclosures compare to enclosures for chimpanzees, gorillas, elephants orang-utans and lions at Taronga Zoo in Sydney? (3) What is the size of the footprint of the zoo? (4) Have Sydney Zoo Pty Ltd been required to submit a business case to show whether the zoo is financially viable? (a) If so is this public information and where is it available? (5) If the zoo were to become financially unviable and closed what would happen to the animals and where would they go? (a) What procedures are in place to protect the public from exposure to costs of caring for the animals? (6) How much money is the government investing in Bungarribee Park Sydney Zoo? (a) 2018 financial year? (b) 2019 financial year? (c) 2020 financial year?

56 ENERGY AND ENVIRONMENT—DATA ON BUNGARRIBEE PARK SYDNEY ZOO—Ms Hurst to ask the Minister for Mental Health, Regional Youth and Women representing the Minister for Energy and Environment— With regard to the Bungarribee Park Sydney Zoo: (1) What is the size of (a) the chimpanzee enclosure? (b) the gorilla enclosure? (c) the elephant enclosure? (d) the orangutan enclosure? (e) the lion enclosure? (2) How does the size of these enclosures compare to enclosures for chimpanzees, gorillas, elephants orang-utans and lions at Taronga Zoo in Sydney? (3) What is the size of the footprint of the zoo? (4) Have Sydney Zoo Pty Ltd been required to submit a business case to show whether the zoo is financially viable? (a) If so is this public information and where is it available? (5) If the zoo were to become financially unviable and closed what would happen to the animals and where would they go? (a) What procedures are in place to protect the public from exposure to costs of caring for the animals? (6) How much money is the government investing in Bungarribee Park Sydney Zoo? 70 Legislative Council Questions and Answers No. 15— Monday 27 May 2019

57 FAMILIES, COMMUNITIES AND DISABILITY SERVICES—EARLY INTERVENTION AND PREVENTION—Mr Shoebridge to ask the Minister for Finance and Small Business representing the Minister for Families, Communities and Disability Services— (1) How much was allocated in 2017-18 to Early Intervention and Prevention programs? (2) Which programs funded by the department are considered Early Intervention and Prevention programs? (3) How is it decided if a program is considered an Early Intervention and Prevention program? (4) Who decides if a programs is an Early Intervention and Prevention program? (5) What guidelines or policies are in place to help determine is a program is an Early Intervention and Prevention program?

58 FAMILIES, COMMUNITIES AND DISABILITY SERVICES—RESEARCH REFERENCED BY SECRETARY OF DEPARTMENT OF JUSTICE—Mr Shoebridge to ask the Minister for Finance and Small Business representing the Minister for Families, Communities and Disability Services—

(1) What is the research referred to on 2SM radio news bulletins Wednesday 22 May 2019 in which the Secretary of the Department of Justice was quoted that details the benefits of early intervention programs? (2) Where is the research publicly available?

59 POLICE AND EMERGENCY SERVICES—FIRE AND RESCUE NSW MERIT-BASED RECRUITMENT & WORKPLACE ACCIDENTS—Mr Latham to ask the Minister for Education and Early Childhood Learning representing the Minister for Police and Emergency Services— (1) Since 2015, what feedback and representations from firefighters (past and present) has FRNSW management received warning that its shift away from merit-based recruitment (the best person for the job getting the job) and its watering down of training and testing standards will lead to higher numbers of workplace accidents and public safety problems? What are the details? (2) For each of 2016, 2017, 2018 and 2019: (a) How many fire-vehicle accidents have there been attributed to driver fault? (b) How many have involved fire-vehicles flipping upside down? (c) Which stations have been responsible?

60 POLICE AND EMERGENCY SERVICES—FIRE AND RESCUE NSW GENDER BASED RECRUITMENT—Mr Latham to ask the Minister for Education and Early Childhood Learning representing the Minister for Police and Emergency Services— (1) In relation to FRNSW recruitment policies, does the Minister agree with the statement of former Commissioner Greg Mullins in 2016 that, "Merit selection will determine the best candidates for the job, regardless of gender but we will deliver equity in the number of male and female firefighters"? (2) How is merit selection compatible with a predetermined 50:50 gender employment quota? (3) Does the Minister agree with the statement of FRNSW Commissioner Paul Baxter in May 2018 that, "We don't have a specific (gender recruitment) goal but we now have 50:50 recruiting"? (a) What is the official policy and practice of FRNSW with regard to merit versus gender-based recruitment? (4) Is the Minister aware of Mr Baxter's claim that, "Organisations that have good gender balance are more innovative, competitive and are better places to work"? What evidence can the government provide supporting this claim: (a) in general 71 Legislative Council Questions and Answers No. 15— Monday 27 May 2019

(b) from firefighting services internationally?

61 POLICE AND EMERGENCY SERVICES—FIRE AND RESCUE NSW GENDER EQUITY—Mr Latham to ask the Minister for Education and Early Childhood Learning representing the Minister for Police and Emergency Services— (1) Does the Minister regard public safety as the paramount objective of Fire and Rescue NSW? (a) If so, does the Minister also believe that in FRNSW recruitment practices, the best person for the job should get the job, regardless of their race, gender and sexuality? (2) In what circumstances, if any, does the Minister believe that recruitment practices at FRNSW should discriminate on the basis of race, gender or sexuality? (3) In claiming that its gender equity and 50:50 gender employment quota policies will improve the workforce performance of the organisation, what evidence and⁄or reports has Fire and Rescue NSW relied on in making this claim?

62 POLICE AND EMERGENCY SERVICES—INDIGENOUS FIRE AND RESCUE EMPLOYMENT STRATEGY—Mr Latham to ask the Minister for Education and Early Childhood Learning representing the Minister for Police and Emergency Services— (1) For each of 2018 and 2019, how many people participated in the NSWFR Indigenous Fire and Rescue Employment Strategy (IFARES) program? (a) How many of these have become full-time fire-fighters? (2) In meeting the criterion to "identify as Aboriginal and⁄or Torres Strait Islander'' how does FRNSW prevent self-identification by people who aren't actually Indigenous, thereby protecting the integrity of the program? (3) In the name of diversity and equity, what equivalent program does FRNSW run for non-Indigenous people from a low-income, low socio-economic background?

63 POLICE AND EMERGENCY SERVICES—SPECIAL PROGRAMS FOR JUVENILE INDIGENOUS OFFENDERS—Mr Latham to ask the Minister for Education and Early Childhood Learning representing the Minister for Police and Emergency Services— (1) What special programs does the NSW Police Force run for the benefit of juvenile Indigenous offenders? (2) For each of 2018 and 2019, how many times and for what purpose have on- duty police been required to run these programs? What are the details? (3) For each of 2018 and 2019, on which occasions did the programs involve travel interstate or overseas? (a) What was the cost of these excursions? (b) How many officers participated and what in detail did they involve? (4) Are there any equivalent programs for juvenile non-Indigenous offenders (a) If so, what are the details?

64 POLICE AND EMERGENCY SERVICES—METHADONE POLICY—Mr Latham to ask the Minister for Education and Early Childhood Learning representing the Minister for Police and Emergency Services— (1) How many vehicle accidents in NSW involved drivers who recorded levels of methadone in their system in? (a) 2017? (b) 2018? (c) 2019? (2) When did the NSW Government last revise its policy on allowing drivers under the influence of methadone to legally drive? 72 Legislative Council Questions and Answers No. 15— Monday 27 May 2019

(a) What was the outcome of this review? (b) What submission did the NSW Police make to the review? (3) Does the Government agree with the view of former NSW Deputy Police Commissioner Catherine Burne that, "People who are driving under the influence of any drug, whether it is a prescription drug or an illicit drug, should not be on the road"? (a) If not, what is the Government's policy on acceptable drug use and driving? (4) Does NSW random drug testing of drivers test for methadone levels? What are the details?

65 REGIONAL TRANSPORT AND ROADS—METHADONE POLICY—Mr Latham to ask the Special Minister of State, Minister for the Public Service and Employee Relations, Aboriginal Affairs, and the Arts, Vice-President of the Executive Council representing the Minister for Regional Transport and Roads— (1) How many vehicle accidents in NSW involved drivers who recorded levels of methadone in their system in? (a) 2017? (b) 2018? (c) 2019? (2) When did the NSW Government last revise its policy on allowing drivers under the influence of methadone to legally drive? a.What was the outcome of this review? b.What submission did the NSW Police make to the review? (3) Does the Government agree with the view of former NSW Deputy Police Commissioner Catherine Burne that, "People who are driving under the influence of any drug, whether it is a prescription drug or an illicit drug, should not be on the road"? a.If not, what is the Government's policy on acceptable drug use and driving? (4) Does NSW random drug testing of drivers test for methadone levels? What are the details?

66 EDUCATION AND EARLY CHILDHOOD LEARNING—RAINBOW MUFTI DAY—Mr Latham to ask the Minister for Education and Early Childhood Learning— (1) Is the Minister aware of a directive to students and parents at Greystanes High School from the Deputy Principal concerning the 17 May 'Rainbow Mufti Day', such that students who did not 'wear an item of rainbow clothing' would be charged double on the day and 'chased up until they pay up'? (2) Why are students being coerced in this fashion into wearing rainbow colours, with their clear political and sexual meaning, when many students (especially those of a Christian and Muslim background) would be uncomfortable with such a practice? (3) How is this respecting 'diversity', 'inclusion' and choice in a school? (4) Will the Minister now ensure that Greystanes and every other NSW school does not adopt this coercive, unfair practice in future? (5) Can the Minister guarantee that no student in NSW Education will be forced, coerced or punished into wearing political⁄sexual colours and⁄or symbols against their individual choice and beliefs?

67 ENERGY AND ENVIRONMENT—HEALTH EFFECTS OF BACK-BURNING OPERATIONS—Mr Latham to ask the Minister for Mental Health, Regional Youth and Women representing the Minister for Energy and Environment— (1) What have been the air quality, environmental and health consequences of days on which fire hazard reduction fire hazard reduction back-burning operations have been conducted in and around Sydney during 2019? (2) On which days and for which suburbs have health and other environmental warnings been issued whereby people are advised not to leave their homes and to take special health and lifestyle precautions? What are the details? (3) What representations has the Minister made to the Minister for Police and Emergency Services to ensure fire hazard back-burning operations are conducted in a way that does not jeopardise the health and environmental safety of residents in Sydney and surrounding districts? 73 Legislative Council Questions and Answers No. 15— Monday 27 May 2019

68 HEALTH AND MEDICAL RESEARCH—HEALTH EFFECTS OF BACK-BURNING OPERATIONS—Mr Latham to ask the Minister for Mental Health, Regional Youth and Women representing the Minister for Health and Medical Research— (1) What have been the air quality, environmental and health consequences of days on which fire hazard reduction fire hazard reduction back-burning operations have been conducted in and around Sydney during 2019? (2) On which days and for which suburbs have health and other environmental warnings been issued whereby people are advised not to leave their homes and to take special health and lifestyle precautions? What are the details? (3) What representations has the Minister made to the Minister for Police and Emergency Services to ensure fire hazard back-burning operations are conducted in a way that does not jeopardise the health and environmental safety of residents in Sydney and surrounding districts?

69 POLICE AND EMERGENCY SERVICES—HEALTH EFFECTS OF BACK-BURNING OPERATIONS—Mr Latham to ask the Minister for Education and Early Childhood Learning representing the Minister for Police and Emergency Services— (1) Is the Minister aware of the days on which health warnings have been issued in Sydney and surrounding districts in 2019 due to fire hazard reduction back- burning operations? What are the details? (2) What action is the Minister taking to ensure that fire hazard reduction back- burning operations in and around Sydney do not jeopardise official health andards and conditions for the elderly, children and people with respiratory conditions?

70 ATTORNEY GENERAL—JACK DE BELIN—Mr Latham to ask the Minister for Education and Early Childhood Learning representing the Attorney General, and Minister for the Prevention of Domestic Violence— (1) Does the Attorney General regard the presumption of innocence as one of the pillars of the New South Wales (NSW) judicial system and the workings of a fair society? (2) Is the Attorney General aware of the circumstances of Mr Jack de Belin who has had the presumption of innocence wiped in his workplace, in the media, among National Rugby League (NRL) commercial sponsors and in the Federal Court? (3) What lessons has the Government taken from the Jack de Belin case and what action is it taking to ensure that anyone accused of a crime in NSW is guaranteed the presumption of innocence? (4) Given that: (a) The Australian Rugby League Commission (ARLC) has stood him down from playing rugby league, with a clear inference of wrong doing against him, (b) A justice of the Federal Court Melissa Perry (in De Belin v Australian Rugby League Commission Ltd, 2019, FCA, 688) has found that Mr De Belin represents "a clear and present danger to the legitimate interests" of rugby league football, (c) Justice Perry has summarised the impact of the extensive media coverage of this matter by starting that, "Mr de Belin is clearly associated with an act of serious sexual violence against a woman", (d) A number of high-profile sponsors of rugby league have declared they no longer wish to be associated with Jack De Belin, such as Mr Mark Fitzgibbon, the Chief Executive Officer of NIB (and a former Newcastle Knights board member and the father of current Knights player Lachlan Fitzgibbon), who on 20 February 2019 emailed the NRL demanding that de Belin be stood down as he had been photographed in the Daily Telegraph newspaper with a NIB sponsors' logo on his NSW jumper, (e) Jack de Belin was stood down not just as a consequence of his matter but due to publicity about other players (what Justice Perry has depicted as "the offseason described in media reports as the Summer from Hell"), meaning that judgement of de Belin has been tainted by matters external to his case, 74 Legislative Council Questions and Answers No. 15— Monday 27 May 2019

(f) The head of the ARLC, the self-described 'media tart' Peter Beattie, has given a record number of media interviews about the matter, each underpinned by an assumption of wrong doing against de Belin, (g) The White Ribbon advocacy group has publicly condemned Jack de Belin (and others), describing their behaviour as "unacceptable", (5) Is the Attorney General concerned that the New South Wales judicial system might not be able to give Jack de Belin a fair trial for the matter on which he has been charged in the Wollongong Local Court? (6) Is the Attorney General concerned by the way in which the presumption of innocence for Jack de Belin has been adversely affected by the decision to stand him down in his workplace, extensive media coverage based on an assumption of wrong doing, interference by arrogant self-serving sponsors and political campaigns by so-called advocacy groups? If so, what will the Government do to restore the presumption of innocence in this matter? (7) Why is it taking up to two years to have the de Belin matter heard in the Wollongong Local Court? (8) Given the extraordinary nature of this matter, Jack de Belin's protestations of innocence, the way he has been stood down in his workplace, its impact on de Belin and his family and importantly, its impact on the alleged victim and her family, will the Government ensure the court hearing is expedited to be concluded some time later this year?

71 POLICE AND EMERGENCY SERVICES—COUNTER-TERRORISM EXERCISE PANTOGRAPH—Mr Latham to ask the Minister for Education and Early Childhood Learning representing the Minister for Police and Emergency Services— (1) What response has the New South Wales (NSW) Police Force made to the NSW Civil and Administrative Tribunal (NCAT) decision concerning the way in which police officers dressed during the counter-terrorism Exercise Pantograph in October 2017? (2) Given the paramount importance of public safety, does the Minister consider that counter-terrorism exercises and training should as closely as possible replicate real-life circumstances and possibilities? (3) Will the Minister now instruct the NSW Police Force to continue to conduct these exercises as realistically as possible including any relevant dress?

David Blunt Clerk of the Parliaments

______Authorised by the Parliament of New South Wales