1995

LEGISLATIVE COUNCIL

MINUTES OF PROCEEDINGS

No. 166

WEDNESDAY 18 SEPTEMBER 2013

Contents

1 Meeting of the House ...... 1997 2 Message from the Legislative Assembly—Drugs and Poisons Legislation Amendment (New Psychoactive and Other Substances) Bill 2013 ...... 1997 3 Revitalisation of Aboriginal Housing Office (Formal Business) ...... 1997 4 NSW Health Awards for Excellence in Nursing and Midwifery (Formal Business) ...... 1998 5 World Overdose Awareness Day (Formal Business) ...... 1999 6 Dementia Awareness Week (Formal Business) ...... 1999 7 South Sydney Rabbitoh’s Souths Cares programs (Formal Business) ...... 2000 8 South Asian Muslim Association of Australia (Formal Business) ...... 2001 9 Australiasian Hellenic Educational Progressive Association (Formal Business) ...... 2002 10 Foster Care Week (Formal Business) ...... 2003 11 Shrine of the Holy Innocents and Garden of the Immaculate (Formal Business) ...... 2003 12 Yaru Water (Formal Business) ...... 2004 13 ’ 2013 Awards Dinner (Formal Business) ...... 2004 14 72nd anniversary of mass deportation of citizens of the Baltic States (Formal Business) ...... 2005 15 Mangalorean Catholic Association of Sydney (Formal Business) ...... 2006 16 Coptic New Year (Formal Business)...... 2006 17 Coptic prayer vigil for peace in Egypt (Formal Business) ...... 2007 18 Return to Order—Yaralla Estate—Further Order ...... 2008 19 Notices of Motions ...... 2008 20 Message from the Legislative Assembly—Firearms and Criminal Groups Legislation Amendment Bill 2013 ...... 2008 21 Suspension of Standing and Sessional Orders—General Purpose Standing Committee No. 3— Reference ...... 2008 22 General Purpose Standing Committee No. 3—Reference ...... 2009 23 Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 ...... 2010 24 Entertainment Industry Bill 2013 ...... 2010 25 Questions ...... 2011 26 Papers—Tabled by Minister ...... 2011 27 Papers—Tabled by Minister ...... 2011 28 Messages from the Legislative Assembly ...... 2011 (1) Police Integrity Commission and Independent Commission Against Corruption Legislation Amendment (Inspectors) Bill 2013 ...... 2011

1996 Legislative Council Minutes No. 166—Wednesday 18 September 2013

(2) Liquor Amendment (Kings Cross Plan of Management) Bill 2013 ...... 2012 29 Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 ...... 2012 30 Entertainment Industry Bill 2013 ...... 2012 31 Drugs and Poisons Legislation Amendment (New Psychoactive and Other Substances) Bill 2013 ...... 2014 32 Police Integrity Commission and Independent Commission Against Corruption Legislation Amendment (Inspectors) Bill 2013 ...... 2014 33 Adjournment ...... 2015 34 Attendance ...... 2015

1997 Legislative Council Minutes No. 166—Wednesday 18 September 2013

1 MEETING OF THE HOUSE

The House met at 11.00 am according to adjournment. The President took the Chair and read the prayers.

2 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—DRUGS AND POISONS LEGISLATION AMENDMENT (NEW PSYCHOACTIVE AND OTHER SUBSTANCES) BILL 2013

The President reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Drug Misuse and Trafficking Act 1985 to prohibit the manufacture, supply, sale and advertising of psychoactive substances and to remove the requirement for analogues of prohibited drugs to have psychotropic properties; to amend the Poisons and Therapeutic Goods Act 1966 with respect to the addition of further substances to the Poisons List; and for other purposes” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 17 September 2013 Speaker

Bill, on motion of Mr Gay (on behalf of Mr Ajaka), read a first time and ordered to be printed.

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

Question put and passed.

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

3 REVITALISATION OF ABORIGINAL HOUSING OFFICE (Formal Business)

Mrs Maclaren-Jones moved, according to notice:

1. That this House notes:

(a) the recent announcement by the Minister for Family and Community Services, the Honourable Pru Goward MP, on the further revitalisation of the Aboriginal Housing Office with the appointment of eight new members to the Aboriginal Housing Office Board,

(b) that the Aboriginal Housing Office is responsible for improving housing and related services for Aboriginal people, such as through growing a sustainable Aboriginal Community Housing sector in New South Wales, and

(c) that the role of the Aboriginal Housing Office Board is to advise the Government on Aboriginal housing policy, including recommendations about the future of the Aboriginal Housing Office.

2. That this House:

(a) congratulates Michelle Craig as the full-time Chair of the Aboriginal Housing Office, and

(b) notes that Ms Craig has been heavily involved in the development of the ‘Build and Grow Aboriginal Community Housing Strategy’.

1998 Legislative Council Minutes No. 166—Wednesday 18 September 2013

3. That this House congratulates the new members of the Aboriginal Housing Office Board:

(a) Gavin Brown, a financial planner and wealth manager with a range of experience working with Local Aboriginal Land Councils,

(b) Norma Ingram, an Aboriginal Coordinator with the TAFE NSW Ultimo Aboriginal Education Training unit who has extensive experience working with Government and Local Aboriginal Land Councils,

(c) Guy Jones: the CEO of Bunyah Local Aboriginal Land Council and a member of the Northern Regional Aboriginal Housing Committee, and a serving member of the NSW Police Force,

(d) Bev Manton: the Chair of a Local Aboriginal Land Council, the first ever female Chair of the NSW Aboriginal Land Council, and a current member of a number of advisory boards, including the Prime Minister’s Council on Homelessness,

(e) Wendy Morgan: a current board member for a Local Aboriginal Land Council who has previously been employed by the Commonwealth Government, where she worked on housing and homelessness issues,

(f) Paul Morris: the CEO of the Tharawal Local Aboriginal Land Council and current member of the Aboriginal Advisory Committee for the City of Sydney,

(g) Bill Pritchard: most recently the CEO of the Aboriginal Child, Family and Community Care Secretariat, the peak body advising the Government and Non-Government sectors on Aboriginal Child and Family issues, and

(h) Steve Ryan: the current Chairperson of the NSW Aboriginal Land Council and their nominated representative to the Aboriginal Housing Office Board.

4. That this House congratulate the appointment of the new Chief Executive of the Aboriginal Housing Office, Paul Callaghan, who has a proven record of achieving excellent outcomes for Aboriginal people through his diverse career within the education sector.

5. That this House acknowledge that the appointment of a new Chief Executive and the revitalisation of the Board marks a new beginning for the Aboriginal Housing Office that will ensure improved support for Aboriginal families is maximised.

Question put and passed.

4 NSW HEALTH AWARDS FOR EXCELLENCE IN NURSING AND MIDWIFERY (Formal Business)

Mrs Maclaren-Jones moved, according to notice:

1. That this House notes the establishment of the NSW Health Awards for Excellence in Nursing and Midwifery by the Minister for Health, the Honourable Jillian Skinner MP, which were announced on International Nurses Day held on 12 May 2013.

2. That this House notes that:

(a) the NSW Health Awards for Excellence in Nursing and Midwifery are an opportunity to thank the state’s 47,500 nurses and midwives for their dedication, skill and compassion in providing round-the-clock care to the 1.5 million people admitted to out hospitals each year, as well as many other who receive help at home and in the community,

1999 Legislative Council Minutes No. 166—Wednesday 18 September 2013

(b) the nominations for the NSW Health Awards for Excellence in Nursing and Midwifery are invited from community members, patients, colleagues and professionals in a range of categories including: (i) Excellence in nursing – registered nurse, (ii) Excellence in nursing – enrolled nurse, (iii) Excellence in nursing – assistant in nursing, (iv) Excellence in midwifery, (v) Excellence in leadership, (vi) Excellence in partnerships with patients, families and carers, (vii) Excellence in Aboriginal and Torres Strait Islander health care, (viii) Excellence in education, research and innovation, (ix) Excellence in team clinical practice, and

(c) the nurse or midwife judged to have had an outstanding career of service will be awarded the Judith Meppem Lifetime Achievement Award, named in honour of New South Wales’ first Chief Nurse.

Question put and passed.

5 WORLD OVERDOSE AWARENESS DAY (Formal Business)

Ms Sharpe moved, according to notice:

1. That this House notes that:

(a) Saturday 31 August marks World Overdose Awareness Day,

(b) overdoses affect a wide cross-section of the community and outnumbered road fatalities in 2011,

(c) the overwhelming majority of these fatalities involve medications rather than illicit drugs, and

(d) the aim of World Overdose Awareness Day is: (i) to raise the awareness of overdose risk throughout the community and bring this issue to the attention of policy makers, (ii) commit to strategies to reduce the number of these fatalities.

2. That this House commends Anex and other organisations working towards harm minimisation.

Question put and passed.

6 DEMENTIA AWARENESS WEEK (Formal Business)

Ms Barham moved, according to notice:

1. That this House notes that:

(a) 16 to 22 September 2013 is Dementia Awareness Week, with World Alzheimer’s Day falling on 21 September 2013,

(b) the theme for Dementia Awareness Week 2013 is ‘Brain Health: Making the Connections’, and

2000 Legislative Council Minutes No. 166—Wednesday 18 September 2013

(c) during the week, events and activities held across New South Wales will focus on: (i) promoting brain healthy lifestyles – a positive message linking body, brain and heart fitness, (ii) promoting awareness of memory loss and dementia and where to get help, (iii) promoting early detection and timely diagnosis.

2. That this House notes that during Dementia Awareness Week, Alzheimer’s Australia NSW will launch the “Living Alone with Dementia – Research to Practice Guide,” which follows from their discussion paper released in July and will provide practical recommendations for community service providers who assist the estimated 65,000 Australians living alone with dementia.

3. That this House recognises the important contribution of the professionals, organisations and carers who deliver advocacy, research and care for the growing numbers of people suffering dementia in our community.

Question put and passed.

7 SOUTH SYDNEY RABBITOH’S SOUTHS CARES PROGRAMS (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House notes that:

(a) South Sydney Rabbitoh’s Souths Cares is an independent not-for-profit public benevolent institution, established to support the local community and address social need across the South Sydney region to support disadvantaged, marginalised and indigenous youth and their families with a specific focus on education, training, health and employment,

(b) the entire Squad are involved in the delivery of the Teacher’s Aide program at La Perouse Primary School, Alexandria Park Community School, Green Square School and Our Lady of Mount Carmel in Waterloo,

(c) an achievement program has been established to recognise and reward positive behaviour and successful learning outcomes of students, with the reward program providing students with a “Bunny Buddy” pack which includes a Rabbitohs back pack, poster, cap and a child’s membership to all home games at ANZ Stadium,

(d) the Teachers’ Aide program is assessed on an ongoing basis to ensure relevant outcomes are achieved with reviews conducted by Regional Directors of the Department of Education and Training have shown strong and positive feedback from school principals, staff, community elders, parents and pupils with marked improvement in Numeracy and Literacy levels within these schools as displayed by the recent National Assessment Program - Literacy and Numeracy (NAPLAN) results,

(e) Souths Cares partners with Life Education to deliver a holistic program for Years 5 and 6 students in the South Sydney catchment area, this program combines the National Rugby League initiative, ‘Eat Well, Play Well, Stay Well’, along with a range of Life Education programs, to offer the students a fun educational excursion outside of the school environment and educates students to make informed decisions about their body and lifestyle choices as they approach their teenage years,

(f) to date, Healthy and Active Lifestyle program has been offered to over 35 primary schools in the South Sydney region,

(g) 1,600 students and teachers take part in the program annually, of which approximately 30 per cent came from an Aboriginal or Torres Strait Islander background,

2001 Legislative Council Minutes No. 166—Wednesday 18 September 2013

(h) to complement these visits, teaching staff are given resources to continue the lessons and positive messages back at their respective school,

(i) the Indigenous Leadership Program, Schools to Work Transition program ‘Nanga Mai Marri’ (Dream Big) focuses on Year 11 and 12 Aboriginal and Torres Strait Island pupils and works alongside them to identify and develop their own education and employment outcomes, and the program is underpinned by a greater understanding of culture as a way of building self-esteem,

(j) the Indigenous Leadership Program sessions include employability skills training such as career exploration, resume building, goal setting, interview technique, grooming and etiquette, leading to either employment or continuing education outcomes through a range of corporate networks or education institutions with which Souths Cares has built strong relationships,

(k) Souths Cares Oral Health Program partners with the NSW Centre for Oral Health Strategy, Colgate and the Poche Centre for Indigenous Health whereby Souths Cares are delivering a number of initiatives to support and encourage good oral health habits in youth of the South Sydney region and surrounding areas, and

(l) the campaign was kicked off by Rabbitohs players sharing the ‘Bright Smiles, Bright Future’ message with students through the Souths Cares Teachers’ Aide program.

2. That this House:

(a) congratulates and commends the South Sydney Rabbitohs NRL players, Souths Cares, Mr Shannon Donato, General Manager of Souths Cares, Mr Shane Richardson, Chief Executive Officer of the Rabbitohs NRL Club and Mr Rhys Wesser, Souths Cares Health Promotion Coordinator and former Rabbitohs player for their outstanding work supporting the local community and addressing social need across the South Sydney region to support disadvantaged, marginalised and indigenous youth and their families with education, training, health and employment, and

(b) acknowledges and thanks the following Souths Cares supporters: The Australian Technology Park, De’Longhi, Kenwood Create More, All Sorts Fitness and Wellbeing Centre, Randwick City Council, Southern Courier, Colgate and the New South Wales Government’s Centre for Oral Health Strategy.

Question put and passed.

8 SOUTH ASIAN MUSLIM ASSOCIATION OF AUSTRALIA (Formal Business)

Ms Fazio moved, according to notice:

1. This House notes that:

(a) the South Asian Muslim Association of Australia (SAMAA) celebrated the annual event of Eid Milan as its first fund raising event at Marana Auditorium, Hurstville, Sydney on Saturday 24 August 2013,

(b) nearly 500 people packed the hall and participated in all activities with enthusiasm,

(c) a number of parliamentarians, representatives from aged care agencies, Muslim community representatives from various organisations along with many SAMAA elderly and their families and a very large number of South Asian Muslim families attended the evening,

2002 Legislative Council Minutes No. 166—Wednesday 18 September 2013

(d) the Minister for Ageing and Disability Services, the Honourable John Ajaka MLC, represented the Premier, the Honourable Barry O’Farrell MP,

(e) the Honourable Amanda Fazio MLC, the Honourable Shaoquett Moslemane MLC, Mr Steve MacMahon, former Mayor Hurstville City Council attended, and

(f) community representatives included Mr Samir Dandan, President, Lebanese Muslim Association and Sr Mahbooba of Mehbooba’s promise.

2. This House notes that:

(a) SAMAA aims to provide benevolent services to the Muslim elderly of South Asian origin, negotiate their placement with provision of adequate care with existing aged care providers and build its own aged care facilities in long term, and

(b) the mission statement of SAMAA is “To evidence the Islamic spirit of love, compassion and charity in providing a range of services to the aged of South Asian Muslims in NSW that best meet the physical, spiritual, cultural and emotional needs of the individuals, their families and the Muslim community.”

3. That this House commends SAMAA for their work in assisting aged Muslim persons of South East Asian origin.

Question put and passed.

9 AUSTRALIASIAN HELLENIC EDUCATIONAL PROGRESSIVE ASSOCIATION (Formal Business)

Mr Clarke moved, according to notice:

1. That this House notes that:

(a) the Australasian Hellenic Educational Progressive Association (AHEPA) is part of the world’s largest Hellenic philanthropic organisation,

(b) the purpose of AHEPA is to promote public interest in Australian Hellenic culture and language and attributes of Hellenism for the benefit of all Australian Hellenes,

(c) AHEPA raises funds for charitable and welfare organisations with an emphasis on medical research, education, and the care and welfare of the aged and disadvantaged,

(d) on Sunday 15 September 2013 at its headquarters in Rockdale, AHEPA (NSW and New Zealand Lodge) conducted an induction ceremony for its newly elected Grand President, Mr John Kallimanis, District President, Mrs Anna Bouris and other office bearers, and

(e) the Induction Ceremony was attended by civic and community representatives, including: (i) Dr Stavros Kyrimis Consul-General for Greece, (ii) the Honourable Marie Ficarra MLC, Parliamentary Secretary to the Premier, the Honourable Barry O’Farrell MP, (iii) the Honourable David Clarke MLC, Parliamentary Secretary for Justice, (iv) the Honourable Sophie Cotsis MLC, Shadow Minister for Local Government, Shadow Minister for Housing and Shadow Minister for the Status of Women, (v) Councillor Nick Varvaris, Mayor of Kogarah City Council, (vi) Councillor Sam Stratikopoulos, Kogarah City Council, (vii) Councillor Petros Kalligas, Rockdale City Council, (viii) Councillor Peter Poulos, Rockdale City Council (ix) Councillor Andrew Tsounis, Rockdale City Council,

2003 Legislative Council Minutes No. 166—Wednesday 18 September 2013

(x) leaders and representatives of many other Australian Hellenic organisations.

2. That this House:

(a) congratulates the newly inducted office bearers of AHEPA (NSW and New Zealand Lodge) particularly Mr John Kallimanis, Grand President and Mrs Anna Bouris, District President, and

(b) commends AHEPA (NSW and New Zealand Lodge) for its continuing service to the Hellenic-Australian community and to the wider community in New South Wales.

Question put and passed.

10 FOSTER CARE WEEK (Formal Business)

Ms Barham moved, according to notice:

1. That this House notes that:

(a) Foster Care Week, an annual celebration of the work of foster carers that began in 1990, runs from 8 September to 14 September 2013,

(b) Foster Care Week commenced with a Picnic Day arranged by the Association of Children’s Welfare Agencies and attended by around 800 people at Parramatta Park on Sunday 8 September, and

(c) a range of events, including carers’ lunches, family fun days and picnics, will be held across New South Wales during this week.

2. That this House acknowledges that there are more than 18,000 children and young people in statutory out-of-home care, and that foster carers provide a safe and nurturing environment that is vital to the wellbeing of these children and young people.

3. That this House thanks the many individuals and families across New South Wales who have chosen to become foster carers, and recognises the important contribution they make to the welfare of vulnerable children and young people.

Question put and passed.

11 SHRINE OF THE HOLY INNOCENTS AND GARDEN OF THE IMMACULATE (Formal Business)

Mr Clarke moved, according to notice:

1. That this House notes that:

(a) on Friday 7 June 2013, the Shrine of the Holy Innocents and Garden of the Immaculate was officially opened and dedicated at Mount St Francis Friary in Kellyville by the Most Reverend Anthony Fisher OP, Bishop of the Diocese of Parramatta,

(b) the ceremony was attended by several hundred guests and included local Members of Parliament and Councillors, members of the Clergy and parishioners of the Kellyville Parish of the Catholic Church, and

2004 Legislative Council Minutes No. 166—Wednesday 18 September 2013

(c) the project, which took two years to build, was an initiative of the Order of Conventual Franciscans and was financed through the generous support of members of the Catholic Parish of Kellyville and the general community.

2. That this House:

(a) congratulates the Order of Conventual Franciscans and the community of the Catholic Parish of Kellyville on the opening and dedication of the Shrine of the Holy Innocents and Garden of the Immaculate, and

(b) acknowledges the charitable and humanitarian work of the Order of Conventual Franciscans in Australia.

Question put and passed.

12 YARU WATER (Formal Business)

Ms Fazio moved, according to notice:

1. That this House notes that Yaru Water is an Indigenous owned and operated premium bottled water company based in the Tweed which sources its water from a large underground reserve at the foothills of Wollumbin-Mt Warning in Bundjalung country.

2. That this House:

(a) notes that Coles now stock Yaru Water, and

(b) calls on the Department of Parliamentary Services to give consideration to stocking Yaru Water in Parliament House to support a New South Wales Indigenous owned and operated company.

Question put and passed.

13 PENRITH PANTHERS’ 2013 AWARDS DINNER (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House notes that:

(a) on 16 September 2013, the Penrith Panthers National Rugby League (NRL) Club held its annual dinner after an exceptional year of achievement with the Penrith Panthers first grade team finishing 10th in the competition, having beaten several of the teams that are now in the final series, with Penrith Panthers National Youth Cup team and the team both making it through as grand final qualifiers,

(b) recipients of awards at the dinner included: (i) Merv Cartwright, Penrith NRL Player of the Year: David Simmons, (ii) Penrith Panthers Members Player of the Year: David Simmons, (iii) Clubman of the Year: Kevin Kingston, (iv) John Farragher Award for Courage and Determination: Nigel Plum, (v) Tackle of the Year: Dean Whare, (vi) Try of the Year: Brad Tighe, (vii) National Youth Cup Player of the Year: Sam Anderson, (viii) Holden Cup Player of the Year: Daniel Foster, (ix) The Ben Alexander Rookie of the Year Award: Matthew Moylan, and

2005 Legislative Council Minutes No. 166—Wednesday 18 September 2013

(c) dignitaries at the awards dinner included: (i) Mr Don Feltis, Penrith Panthers Chairman, and Directors John Hiatt OAM, Keith Rhind OAM, Greg Alexander, Dennis Merrick, Steve Robinson, Brian Fletcher and Dave O’Neill, (ii) Major Sponsors Oak, Hertz, Asics, Centrebet, Tooheys, ABCOE, Tony Ferguson and Hostplus, (iii) the Honourable Marie Ficarra MLC, Parliamentary Secretary to the Premier, Mr Stuart Ayres MP, Parliamentary Secretary for Transport and Roads and Member for Penrith, Ms Tanya Davies MP, Member for Mulgoa, Ms Fiona Scott MP, Member for Lindsay and Cr Vincent De Luca OAM, (iv) Penrith Panthers officers: Warren Wilson, CEO, Phil Gould, Executive General Manager Rugby League, Phil Moss, General Manager, Rugby League, Sue McNeill, Chief Operating Officer and Diane Langmack OAM, Public Relations Manager, (v) Ivan Cleary, First Grade Coach, Garth Brennan, Coach of the National Youth Cup Team and Guy Missio, Coach of the NSW Cup Windsor Wolves, (vi) Mr Tim Gilbert, Channel 9, Master of Ceremonies.

2. That this House congratulates and commends the Penrith Panthers Rugby League, all award recipients and officials on their achievements in 2013.

Question put and passed.

14 72ND ANNIVERSARY OF MASS DEPORTATION OF CITIZENS OF THE BALTIC STATES (Formal Business)

Mr Clarke moved, according to notice:

1. That this House notes that:

(a) on Sunday 16 June 2013, at the Latvian Centre, Strathfield the Joint Baltic Committee of New South Wales, under the Presidency of Mrs Tiiu Kroll–Simmul, held a Commemoration to mark the 72nd Anniversary of the forced mass deportation of 60,000 citizens of the Baltic States of Latvia, Lithuania and Estonia to Siberia on 13 and 14 June 1941 by the Soviet Union, and

(b) those who attended as guests included: (i) Senator Matt Thistlethwaite, Parliamentary Secretary for Pacific Islands and Multicultural Affairs, representing the then Prime Minister, (ii) Mr Craig Laundy, representing the then Leader of the Federal Opposition the Honourable Tony Abbott MHR, (iii) Mr Guy Zangari MP, Member for Fairfield representing Mr John Robertson MP, Leader of the Opposition, (iv) the Honourable David Clarke MLC, Parliamentary Secretary for Justice, (v) the Honourable Amanda Fazio MLC, Opposition Whip in the Legislative Council, (vi) Mr Matt Kean MP, Member for Hornsby, (vii) Mrs Triinu Rajasalu, Consul-General for Estonia, (viii) Ms Ewa Krajewska, Consul for Poland, representing the Consul-General Mr Daniel Gromann, (ix) Mr Aldis Birzulis, Honorary Consul of Latvia, (x) Ms Ginta Viliunas, Honorary Consul of Lithuania, (xi) Reverend Meelis Rosma, Estonian Lutheran Congregation, (xii) Dean Colvin MacPherson, Latvian Lutheran Church, (xiii) Mrs Triiun Pehk, Estonian SBS Radio program producer, representing SBS Radio, (xiv) Mr Tom Beram, President, Croatian Inter-Committee Council of NSW, (xv) Mr Gasper, representing the Hungarian Council of NSW, (xvi) Mr George Mencinsky, President of the Ukranian Council of NSW, (xvii) representatives of various Baltic community and veterans organisations.

2006 Legislative Council Minutes No. 166—Wednesday 18 September 2013

2. That this House acknowledges the 72nd Anniversary of the mass deportation of citizens of the Baltic States by the Soviet Union and commends the Joint Baltic Committee for organising the commemoration.

Question put and passed.

15 MANGALOREAN CATHOLIC ASSOCIATION OF SYDNEY (Formal Business)

Mr Clarke moved, according to notice:

1. That this House notes that:

(a) on Sunday 15 September 2013, at Granville, the Mangalorean Catholic Association of Sydney under the auspices of its President Mr Stanley D’Cruz and his Committee held a Mass and celebratory luncheon to mark the 250th Anniversary of the Feast of the Nativity of Our Lady, Monti Fest, a religious festival specifically identified with the Catholic community of Mangalore, India,

(b) the co-celebrants for the Mass were Father Prakash Coutinha and Father Albert D’Souza, and

(c) those who attended as guests included: (i) Mr Tony Issa MP, Member for Granville, representing the Honourable Victor Dominello MP, Minister for Citizenship and Communities and Minister for Aboriginal Affairs, (ii) the Honourable David Clarke MLC, Parliamentary Secretary for Justice, (iii) Dr Geoff Lee MP, Member for Parramatta, (iv) Mr Kevin Conolly MP, Member for Riverstone, (v) Mr David Elliot MP, Member for Baulkham Hills, (vi) members of the Mangalorean Catholic Community and the wider Indian-Australian Catholic community.

2. That this House congratulates the Mangalorean Catholic Association of Sydney and wishes it well on the occasion of the 250th Anniversary of this important Feast Day in the calendar of the Catholics of Mangalore, India.

Question put and passed.

16 COPTIC NEW YEAR (Formal Business)

Mr Clarke moved, according to notice:

1. That this House notes that:

(a) each year since 284AD, Coptic Christians have celebrated 11 September as the Feast of Nayrooz or Coptic New Year, the day when the Coptic Orthodox Church commemorates the sacrifice of its martyrs throughout the centuries,

(b) on 10 September 2013, a celebration of the Feast of Nayrooz was held in the theatrette of the Parliament of New South Wales,

(c) the celebratory event highlighted the cultural and artistic achievements of the Coptic community and a number of musical items were performed by students of the Coptic Schools of New South Wales, and

(d) dignitaries who attended included:

2007 Legislative Council Minutes No. 166—Wednesday 18 September 2013

(i) His Grace, Bishop Daniel, Bishop of the Coptic Orthodox Diocese of Sydney and Affiliated Regions, (ii) His Grace, the Right Reverend Irinej, Serbian Orthodox Bishop of Australia and New Zealand, (iii) the Honourable Victor Dominello MP, Minister for Citizenship and Communities, and Minister for Aboriginal Affairs, (iv) Mr John Robertson MP, Leader of the Opposition, (v) His Excellency Dr Hassan El-Lathy, Ambassador of the Arab Republic of Egypt, (vi) His Excellency Mr Ayman Kamel, Consul-General of the Arab Republic of Egypt, (vii) Mr Tony Issa MP, Co-Convenor of the Ministerial Consultative Committee for the Egyptian Community and the Parliamentary host for the event, (viii) the Honourable David Clarke MLC, Parliamentary Secretary for Justice and Co- Convenor of the Ministerial Consultative Committee for the Egyptian community, (ix) Sister Elham Gea Gea of the Maronite Sisters of the Holy Family, (x) Dr Eman Sharobeem, Commissioner of the NSW Community Relations Commission, (xi) Dr Adel Soliman, (xii) Mr Yair Miller, President of the NSW Jewish Board of Deputies, (xiii) Mr Vic Alhadeff, Chief Executive Officer of the NSW Jewish Board of Deputies, (xiv) Mr Hermiz Shahen, representing the Assyrian Universal Alliance, (xv) Mr David David, representing the Australian Assyrian National Federation, (xvi) representatives of the Muslim and Bahai communities, (xvii) teaching staff and students of Coptic schools in New South Wales.

2. That this House:

(a) commends the Coptic Orthodox Church and Coptic community for the organisation of the event, and

(b) congratulates the Coptic Orthodox Community of New South Wales on the occasion of the Feast of Nayrooz and Coptic New Year.

Question put and passed.

17 COPTIC PRAYER VIGIL FOR PEACE IN EGYPT (Formal Business)

Mr Clarke moved, according to notice:

1. That this House notes that:

(a) on 17 August 2013, the Coptic Orthodox Church, Diocese of Sydney and Affiliated Regions held a Prayer Vigil for peace in Egypt at Saint Mary and Saint Mina Coptic Orthodox Cathedral, Bexley conducted by the Diocesan Bishop, His Grace Bishop Daniel, and

(b) dignitaries who attended included: (i) Bishop Agahason of the Coptic Orthodox Diocese of Brazil, (ii) Bishop Anba Daniel, Bishop of the Coptic Orthodox Saint Shenouda Monastery, Sydney, (iii) Reverend Hamdy Awad of the Arabic Presbyterian Church, (iv) Reverend Tara Curlewis, General Secretary of the National Council of Churches in Australia, (v) the Honourable David Clarke MLC, Parliamentary Secretary for Justice, (vi) representatives of various Coptic community organisations.

2. That this House:

2008 Legislative Council Minutes No. 166—Wednesday 18 September 2013

(a) joins with the Coptic Orthodox Church, Diocese of Sydney and Affiliated Regions in calling for peace and harmony in Egypt, and

(b) extends its sympathy to those who have suffered loss during this tragic time in Egypt.

Question put and passed.

18 RETURN TO ORDER—YARALLA ESTATE—FURTHER ORDER

The Clerk, according to the resolution of the House of Thursday 29 August 2013, tabled an additional document relating to the further order for papers regarding Yaralla Estate received this day from the Director General of the Department of Premier and Cabinet, together with an index of the document.

19 NOTICES OF MOTIONS

20 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—FIREARMS AND CRIMINAL GROUPS LEGISLATION AMENDMENT BILL 2013

The President reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Firearms Act 1996 to make further provision with respect to firearms prohibition orders and offences; to amend the Restricted Premises Act 1943 to make further provision with respect to premises attended by reputed criminals; to amend the Crime Commission Act 2012 to provide for the investigation by the Crime Commission of the criminal activities of criminal groups; and for other purposes” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 18 September 2013 Speaker

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

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

Question put and passed.

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

21 SUSPENSION OF STANDING AND SESSIONAL ORDERS—GENERAL PURPOSE STANDING COMMITTEE NO. 3—REFERENCE

On the President calling on the Clerk to read the order of the day, Ms Sharpe moved, according to contingent notice: That standing and sessional orders be suspended to allow a motion to be moved forthwith that private members' business item no. 1401 outside the order of precedence relating to a reference to General Purpose Standing Committee No. 3 regarding station access fees at Sydney Domestic and International Airports be called on forthwith.

Debate ensued.

Question put.

2009 Legislative Council Minutes No. 166—Wednesday 18 September 2013

The House divided.

Ayes 20

Ms Barham Ms Fazio * Mr Shoebridge Mr Borsak Dr Kaye Mr Veitch Mr Brown Mr Moselmane Ms Voltz * Mr Buckingham Mr Primrose Ms Westwood Ms Cotsis Mr Searle Mr Whan Mr Donnelly Mr Secord Mr Wong Dr Faruqi Ms Sharpe * Tellers

Noes 19

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

Pairs

Mr Foley Mrs Mitchell

Question resolved in the affirmative.

Ms Sharpe then moved: That private members' business item no. 1401 outside the order of precedence be called on forthwith.

Question put and passed.

22 GENERAL PURPOSE STANDING COMMITTEE NO. 3—REFERENCE

Ms Sharpe moved, according to notice:

1. That General Purpose Standing Committee No. 3 inquire into and report on the potential impact of removal or reduction of the station access fee at Sydney Domestic and International Airports, and in particular:

(a) current patronage on the airport line,

(b) the impact of a fare reduction on patronage at Green Square and Mascot,

(c) the impact on patronage if the station access fee was removed or reduced at the airport stations,

(d) the funding implications of removing or reducing the station access fee,

(e) the contract provisions in relation to the station access fee,

(f) potential benefits to Port Botany and congestion on roads in and around the airport, including the M5,

2010 Legislative Council Minutes No. 166—Wednesday 18 September 2013

(g) other measures to increase patronage on the airport line, and

(h) any other related matter.

2. That the Committee report by Friday 28 February 2014.

Debate ensued.

Question put.

The House divided.

Ayes 20

Ms Barham Ms Fazio * Mr Shoebridge Mr Borsak Dr Kaye Mr Veitch Mr Brown Mr Moselmane Ms Voltz * Mr Buckingham Mr Primrose Ms Westwood Ms Cotsis Mr Searle Mr Whan Mr Donnelly Mr Secord Mr Wong Dr Faruqi Ms Sharpe * Tellers

Noes 19

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

Pairs

Mr Foley Mrs Mitchell

Question resolved in the affirmative.

23 HEAVY VEHICLE (ADOPTION OF NATIONAL LAW) AMENDMENT BILL 2013

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

Debate resumed.

Motion made (Mr Colless speaking) and question: That this debate be now adjourned until a later hour of the sitting—put and passed.

24 ENTERTAINMENT INDUSTRY BILL 2013

On the order of the day being read, the Deputy President (Mrs Maclaren-Jones) left the Chair and the House sat as a committee of the whole for consideration of this bill.

The committee reported progress and obtained leave to sit again at a later hour of the sitting.

2011 Legislative Council Minutes No. 166—Wednesday 18 September 2013

______

According to sessional order, proceedings interrupted at 2.30 pm for Questions. ______

25 QUESTIONS

______

Mr Gay, by leave under standing order 64, extended the time for an answer by one minute. ______

Questions continued.

26 PAPERS—TABLED BY MINISTER

Mr Ajaka tabled the following papers:

(1) Constitution of Eraring Energy Pty Limited.

(2) Constitution of Eraring Energy Services Pty Limited.

27 PAPERS—TABLED BY MINISTER

Mr Gay tabled documents relating to the following missions:

(a) Mission to China and India by the Honourable Morris Iemma MP, Premier, 18 November to 23 November 2007.

(b) Trade and Investment Mission to China by the Honourable Morris Iemma MP, Premier, 16 May 2008 to 25 May 2008.

(c) Trade and Investment Mission to UAE and Turkey by the Honourable Nathan Rees MP, Premier, 19 April to 26 April 2009.

(d) Trade and Investment Mission to Italy and France by the Honourable Morris Iemma MP, Premier, 7 April to 14 April 2006.

28 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

The President reported the following messages from the Legislative Assembly:

(1) Police Integrity Commission and Independent Commission Against Corruption Legislation Amendment (Inspectors) Bill 2013

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Police Integrity Commission Act 1996 and Independent Commission Against Corruption Act 1988 with respect to Inspectors and Assistant Inspectors; and for other purposes” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 18 September 2013 Speaker

2012 Legislative Council Minutes No. 166—Wednesday 18 September 2013

(2) Liquor Amendment (Kings Cross Plan of Management) Bill 2013

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Liquor Act 2007 and the Liquor Regulation 2008 to implement the second stage of a plan of management in relation to the Kings Cross precinct; and for other purposes” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 18 September 2013 Speaker

Leave granted for procedural motions for the first reading, printing, suspension of standing orders and fixing of sitting day for second reading to be dealt with on one motion without formalities.

Bills, on motion of Mr Gallacher, read a first time, printed, standing orders suspended on contingent notice for remaining stages and second reading of the bills set down as orders of the day for a later hour of the sitting.

29 HEAVY VEHICLE (ADOPTION OF NATIONAL LAW) AMENDMENT BILL 2013

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

Debate resumed.

Question put and passed.

Bill read a second time.

Leave granted to proceed to the third reading of the bill forthwith.

Standing orders having been suspended Tuesday 17 August 2013—

Bill, on motion of Mr Gay, read a third time.

Bill returned to the Legislative Assembly without amendment.

30 ENTERTAINMENT INDUSTRY BILL 2013

On the order of the day being read, the Deputy President (Mrs Maclaren-Jones) left the Chair and the House sat as a committee of the whole for the further consideration of this bill.

The committee reported the bill with amendments.

The House adopted the report.

Standing orders having been suspended Wednesday 21 August 2013—

Bill, on motion of Mr Mason-Cox (on behalf of Mr Gallacher), read a third time.

Bill returned to the Legislative Assembly with the following amendments in which the concurrence of the Legislative Assembly was requested.

2013 Legislative Council Minutes No. 166—Wednesday 18 September 2013

ENTERTAINMENT INDUSTRY BILL 2013 ______

Schedule of the amendments referred to in the Legislative Council’s message of 18 September 2013.

No. 1 Page 2, clause 4 (1). Insert after line 33: industrial court means an industrial court within the meaning of Part 1 of Chapter 7 of the Industrial Relations Act 1996. No. 2 Page 5, clause 7 (4), note, line 42. Omit “Local Court”. Insert instead “industrial court or Local Court”. No. 3 Page 8, clause 13 (4), note, line 21. Omit “Local Court”. Insert instead “industrial court or Local Court”. No. 4 Page 9, clause 16, note, line 8. Omit “Local Court”. Insert instead “industrial court or Local Court”. No. 5 Page 9, clause 18, note, line 35. Omit “Local Court”. Insert instead “industrial court or Local Court”. No. 6 Page 10, Part 2. Insert after line 3: Division 4 Disputes arising between performer and entertainment industry representatives 20 Disputes may be resolved by Industrial Relations Commission (1) If a question, dispute or difficulty arises between a performer and an entertainment industry representative or entertainment industry hirer, the performer, or an industrial organisation acting on behalf of a performer, may apply to the Industrial Relations Commission to have the matter determined by conciliation and, if necessary, arbitration. (2) The Industrial Relations Commission may conduct such a dispute resolution process in such manner as the Commission considers appropriate. (3) The Industrial Relations Commission may make such orders in relation to such a question, dispute or difficulty as the Commission considers fair and reasonable in the circumstances. (4) A person who fails to comply with an order of the Industrial Relations Commission under this section is guilty of an offence. Maximum penalty: 50 penalty units or imprisonment for 6 months, or both. No. 7 Page 11, clause 21 (1), line 20. Omit “the Local Court”. Insert instead “an industrial court or the Local Court”. No. 8 Page 11, clause 21 (2), line 23. Omit “The Local Court”. Insert instead “An industrial court or the Local Court”. No. 9 Page 19, clause 41 (3), line 24. Omit “industrial magistrate”. Insert instead “industrial court”. No. 10 Page 19, clause 42 (1), line 29. Omit “The Local Court”. Insert instead “An industrial court or the Local Court”. No. 11 Page 20, clause 42 (9), line 15. Omit “the Local Court”. Insert instead “the Court”.

2014 Legislative Council Minutes No. 166—Wednesday 18 September 2013

31 DRUGS AND POISONS LEGISLATION AMENDMENT (NEW PSYCHOACTIVE AND OTHER SUBSTANCES) BILL 2013

On the order of the day being read, Mr Mason-Cox (on behalf of Mr Ajaka) moved: That this bill be now read a second time.

Leave granted for the mover's second reading speech to be incorporated in Hansard.

Debate ensued.

Question put.

The House divided.

Ayes 31

Mr Blair Mr Gay Dr Phelps * Mr Borsak Mr Green Mr Primrose Mr Brown Mr Khan Mr Searle Mr Clarke Mr Lynn Mr Secord Mr Colless Mr MacDonald Ms Sharpe Ms Cotsis Mrs Maclaren-Jones Mr Veitch Ms Cusack Mr Mason-Cox Ms Voltz * Mr Donnelly Mr Moselmane Ms Westwood Ms Ficarra Revd Mr Nile Mr Whan Mr Gallacher Mrs Pavey Miss Gardiner Mr Pearce * Tellers

Noes 5

Ms Barham * Dr Faruqi Mr Shoebridge Mr Buckingham * Dr Kaye * Tellers

Question resolved in the affirmative.

Bill read a second time.

Leave granted to proceed to the third reading of the bill forthwith.

Standing orders having been suspended this day—

Bill, on motion of Mr Mason-Cox, read a third time.

Bill returned to the Legislative Assembly without amendment.

32 POLICE INTEGRITY COMMISSION AND INDEPENDENT COMMISSION AGAINST CORRUPTION LEGISLATION AMENDMENT (INSPECTORS) BILL 2013

On the order of the day being read, Mr Clarke (on behalf of Mr Gallacher) moved: That this bill be now read a second time.

Leave granted for the mover's second reading speech to be incorporated in Hansard.

Debate ensued.

Question put and passed.

2015 Legislative Council Minutes No. 166—Wednesday 18 September 2013

Bill read a second time.

Leave granted to proceed to the third reading of the bill forthwith.

Standing orders having been suspended this day—

Bill, on motion of Mr Clarke, read a third time.

Bill returned to the Legislative Assembly without amendment.

33 ADJOURNMENT

Mr Clarke moved: That this House do now adjourn.

Debate ensued.

Question put and passed.

The House adjourned at 6.55 pm until Thursday 19 September 2013 at 9.30 am.

34 ATTENDANCE

All members present, except Mrs Mitchell.

David Blunt Clerk of the Parliaments

______

Authorised by the Parliament of New South Wales