2361 PROOF

LEGISLATIVE COUNCIL

QUESTIONS AND ANSWERS

No. 63

THURSDAY 28 AUGUST 2008 AM

(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 2362 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Publication of Questions Answer to be lodged by

Q & A No. 54 (Including Question Nos 1816 to 1848) 08 July 2008

Q & A No. 55 (Including Question Nos 1849 to 1857) 09 July 2008

Q & A No. 56 (Including Question Nos 1858 to 1885) 10 July 2008

Q & A No. 57 (Including Question Nos 1886 to 1951) 22 July 2008

Q & A No. 58 (Including Question Nos 1952 to 1967) 23 July 2008

Q & A No. 59 (Including Question Nos 1968 to 1971) 24 July 2008

Q & A No. 60 (Including Question Nos 1972 to 1978) 29 July 2008

Q & A No. 61 (Including Question Nos 1979 to 1994) 30 July 2008

Q & A No. 62 (Including Question Nos 1995 to 2071) 31 July 2008

Q & A No. 63 (Including Question Nos 2072 to 2084) 02 October 2008 2363 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

3 JUNE 2008 (Paper No. 54)

*1816 COMMUNITY SERVICES—REPORT ON THE LEGISLATIVE REVIEW OF ADOPTION ACT 2000—Ms Rhiannon asked the Minister for Roads, and Minister for Commerce representing the Minister for Community Services— (1) Was the report on the legislative review of the Adoption Act 2000 meant to be tabled in March 2006 under s 213 of the Act? (2) When will the report be tabled? Answer— (1) No. (2) The report was tabled on 26 October 2006, within 12 months of the five year period from 9 November 2000, the date of assent of the Act.

*1817 HEALTH—ASBESTOS FILL—BARYULGIL ROAD CONSTRUCTION—Ms Rhiannon asked the Attorney General, and Minister for Justice representing the Minister for Health— (1) Did the Department of Environment and Climate Change seek advice from the Department of Health regarding the possible use of asbestos fill in the Baryulgil road construction? (a) If so, what advice was provided? (2) Did NSW Health advise that an investigation of potential public health impacts should be undertaken? (a) If so, has this investigation begun? (b) If not, why not?

Answer— I have been advised by the Minister for Health:- (1) Yes (1) (a) See (2) (b) below (2) No (2) (a) Not Applicable (2) (b) The Chief Executive of the North Coast Area Health Service advises that, outside of the original miners and their families who have been the subject of ongoing monitoring and investigation by the NSW Government via the Dust Diseases Board, the Area's Public Health Unit has no evidence of asbestos-related illness in the broader community.

*1818 HEALTH—ROZELLE HOSPITAL CONFIDENTIAL DOCUMENTS—Ms Rhiannon asked the Attorney General, and Minister for Justice representing the Minister for Health— (1) Has any action been taken in relation to the disposal of confidential documents and records in garbage bins outside Rozelle Hospital in May 2008, which occurred during the transfer of mental health services from Rozelle Hospital to the Concord Hospital Centre for Mental Health? (a) If not, why not?

Answer— I have been advised by the Minister for Health:- (1) Sydney South West Area Health Service took immediate action to ensure that the bins were secured in a safe location until they were collected for appropriate disposal of their contents.

*1819 ATTORNEY GENERAL—PRIVACY MANAGEMENT PLANS—Ms Rhiannon asked the Attorney General, and Minister for Justice— (1) How many New South Wales public sector agencies are required to have a privacy management plan 2364 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

under s33 of the Privacy and Personal Information Protection Act 1998? (a) How many of those agencies have such a plan? (b) How many of those agencies do not have a plan? (i) Of these, why don't they have a plan? (ii) What action will be taken to ensure that such agencies do?

Answer— I am advised: Agencies coming within the definition of 'public sector agency' in section 3(1) of the Privacy and Personal Information Protection Act 1998 are required to have a privacy management plan. I refer the member to the annual reports of those public sector agencies. To assist public sector agencies Privacy NSW has published a guide on preparing privacy management plans, and has also developed a training CD.

*1820 HEALTH—NSW HEALTHCONNECT—Ms Rhiannon asked the Attorney General, and Minister for Justice representing the Minister for Health— (1) When will the NSW HealthConnect trial be evaluated? (2) Who will be responsible for conducting the evaluation? (3) Will the results of the evaluation be made public? (a) If so, when? (b) If not, why not? (4) Have there been any complaints from staff or patients during the trial in the Greater Western Sydney and Hunter Valley Regions? (a) If so, what has been the nature of these complaints? (5) Has the trial kept figures on how many patients have chosen to opt out of the trial and reasons why? (a) If so, (i) how many patients have pulled out? (ii) what were the reasons?

Answer— I am advised: (1)The NSW HealthConnect trial is being developed in close collaboration with the NSW Electronic Health Record Strategy, NSW Healthelink. The Healthelink pilot is currently being evaluated and it is anticipated to be completed in August 2008. (2)KPMG - an external and independent contractor is conducting the evaluation. (3)Yes. An executive summary of the report will be made public following the completion of the evaluation. (4) Since the commencement of the pilot in March 2006 seven formal complaints have been received which included issues around privacy, not being informed about the pilot and the procedure for gaining online access to Healthelink. (5) (a) (i) and (ii)Yes. As at 4 June 2008, there were 36,857 patients enrolled in Healthelink. Of these, approximately 4.32% patients chose to withdraw. While the majority of these patients did not give a reason, others stated "privacy and security concerns", "no benefits identified for me" or 'other' as reasons to withdraw from the pilot.

*1821 EDUCATION AND TRAINING—BIOMETRIC TECHNOLOGY—Ms Rhiannon asked the Minister for Education and Training, Minister for Industrial Relations, Minister for the Central Coast, and Minister Assisting the Minister for Finance— (1) How many government and non-government schools respectively currently use or are trialling or propose to trial biometric technology to monitor students? (a) Is this technology appropriate? 2365 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(2) Will guidelines be developed to protect the privacy of students subjected to biometric technology in schools and manage associated issues including consent, storage and use of personal information collected? (a) If so, when? (b) If not, why not?

Answer— The NSW Department of Education and Training does not hold information related to the implementation of biometric technology to monitor students in non-government schools. A small number of government schools have introduced biometric technologies to assist them in monitoring student attendance with the support of parents. However, this is not a mandated government nor NSW Department of Education and Training initiative. The School Attendance Policy (2005) and associated Student Attendance in Government Schools Procedures (2006) are currently being revised. The revision will seek to identify associated management issues in the use of biometric and similar technologies in schools.

*1822 ATTORNEY GENERAL—TABLING AND GOVERNMENT RESPONSES—Ms Rhiannon asked the Attorney General, and Minister for Justice— (1) When will the report on the legislative review of the Privacy and Personal Information Protection Act 1998, which was due on 30 November 2004 be tabled? (2) When will the report into the legislative review of the Administrative Decisions Tribunal Act 1997, which was due in 2007 be tabled? (3) When will the government responses to the Report on the Jurisdiction and Operation of the Administrative Decisions Tribunal by the Committee on the Office of the Ombudsman and the Police Integrity Commission (2002) be tabled? (4) Will you release a government response to the NSW Law Reform Commission's Report 108 (2005) —Surveillance: final report? (a) If so, when?

Answer— I am advised that: (1) The question has been asked and answered on a number of previous occasions. I refer the Member to the 2007 Budget Estimates Committee transcript. (2) The Report has been tabled. (3) I refer the Member to the ADT statutory review report. (4) A response was released in June 2007 and I refer the Member to the Lawlink website.

*1823 TREASURER—METRO RAIL LINE—Ms Ficarra asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter— (1) What contingency provision will you require for the new $12.5 billion metro rail line, given that infrastructure projects such as the Cronulla line duplication is 118% over budget, the Parramatta Bus⁄Rail interchange was 139% over budget and the Epping to Chatswood Rail Link is 270% over budget and half the original distance? (2) Is it true that only $4 billion remains for transport infrastructure till the year 2021, as published in The Australian 28 March 2008? (a) If this figure is correct, will you permit the spending of the State's capital reserves to cover your Government's road and rail promises?

Answer— I'm advised: Current cost estimates for the NW metro include a contingency provision, which is in line with rates commonly used globally for projects in this stage of planning. 2366 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*1824 TRANSPORT—SOUTHERN HIGHLANDS TRAIN CANCELLATIONS—8 APRIL 2008—Ms Ficarra asked the Minister for Roads, and Minister for Commerce representing the Deputy Premier, Minister for Transport, Minister for Finance— (1) Are you aware that the 7:38pm train service from Campbelltown to Moss Vale was cancelled on Tuesday 8 April 2008 and replaced with a bus? (a) If not, why not? (2) Why was this particular train service cancelled? (3) How much did it cost to replace this particular service with a bus? Answer— I am advised: RailCorp makes every effort to minimise any disruption to the CityRail network. However, on occasion a number of unforeseen issues can delay or cancel trains and affect the running of CityRail services. I am advised that on 8 April 2008, two bus services were organised and provided by Picton Coaches and Berrima Coaches to replace the cancelled train service.

*1825 TRANSPORT—SOUTHERN HIGHLANDS TRAIN CANCELLATIONS—10 APRIL 2008—Ms Ficarra asked the Minister for Roads, and Minister for Commerce representing the Deputy Premier, Minister for Transport, Minister for Finance— (1) Are you aware that the 7:38pm train service from Campbelltown to Moss Vale was cancelled on Thursday 10 April 2008 and replaced with a bus? (a) If not, why not? (2) Why was this particular train service cancelled? (3) How much did it cost to replace this particular service with a bus? Answer— I am advised: RailCorp makes every effort to minimise any disruption to the CityRail network. However, on occasion a number of unforeseen issues can delay or cancel trains and affect the running of CityRail services. I am advised that on 10 April 2008, a bus service was organised and provided by Berrima Coaches to replace the cancelled train service.

*1826 TRANSPORT—SOUTHERN HIGHLANDS TRAIN CANCELLATIONS—30 APRIL 2008—Ms Ficarra asked the Minister for Roads, and Minister for Commerce representing the Deputy Premier, Minister for Transport, Minister for Finance— (1) Are you aware that the 7:38pm train service from Campbelltown to Moss Vale was cancelled on Wednesday 30 April 2008 and replaced with a bus? (a) If not, why not? (2) Why was this particular train service cancelled? (3) How much did it cost to replace this particular service with a bus? Answer— I am advised: RailCorp makes every effort to minimise any disruption to the CityRail network. However, on occasion a number of unforeseen issues can delay or cancel trains and affect the running of CityRail services. I am advised that on 30 April 2008, two bus services were organised and provided by Roadcoach Bus and Coach Service to replace the cancelled train service.

*1827 TRANSPORT—SOUTHERN HIGHLANDS TRAIN CANCELLATIONS—15 MAY 2008—Ms Ficarra asked the Minister for Roads, and Minister for Commerce representing the Deputy Premier, Minister for Transport, Minister for Finance— (1) Are you aware that the 7:38pm train service from Campbelltown to Moss Vale was cancelled on Thursday 15 May 2008 and replaced with a bus? (a) If not, why not? (2) Why was this particular train service cancelled? 2367 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(3) How much did it cost to replace this particular service with a bus? Answer— I am advised: RailCorp makes every effort to minimise any disruption to the CityRail network. However, on occasion a number of unforeseen issues can delay or cancel trains and affect the running of CityRail services. I am advised that on 15 May 2008, two bus services were organised and provided by Picton Coaches to replace the cancelled train service.

*1828 ATTORNEY GENERAL—COURT VIDEO TAPING FACILITIES—Ms Ficarra asked the Attorney General, and Minister for Justice— (1) When will all courts (including regional courts), be equipped with video taping facilities to ensure that victims of assaults, especially sexual assaults, do not have to endure what was recently endured by a young girl, where she was subjected to three days of fierce cross examination? (2) Why has legislation that was passed in May 2005 to permit video evidence given by a sexual assault victim at a trial to be admitted as evidence in any new trial not been implemented? (3) Will funding to courts be increased to better protect rape victims? (a) If so, when? (b) If not, why not?

Answer— I refer the Honourable member to my statements in this house on 5 June 2008 regarding remote witness facilities.

*1829 EDUCATION AND TRAINING—RURAL INDIGENOUS COMMUNITIES—Ms Ficarra asked the Minister for Education and Training, Minister for Industrial Relations, Minister for the Central Coast, and Minister Assisting the Minister for Finance— (1) How do you intend to reduce school absenteeism in the numerous rural indigenous communities with inadequate sanitation and fresh water facilities, that cause children to be diagnosed as too sick to attend school from gastroenteritis, acute respiratory and skin infections? (2) What is your response to statements by the Program Manager of the Pius X Aboriginal Medical Service, "that pumps stop and water stays static and stagnates. By the time the water gets through the pumps again there's still that bad water in the system"? Answer— The NSW Government is committed to eliminating the educational achievement gap between Aboriginal and non-Aboriginal students by 2012. And, in order to do so, the Department of Education and Training is implementing a number of programs to increase Aboriginal student school attendance and retention, simultaneously addressing the issue of Aboriginal student absenteeism. These programs include: Kids Excel; Youth Excel; Aboriginal Student Scholarships; the Schools in Partnership Initiative; the Targeted Aboriginal Students Strategy; and the Targeted School Initiative. Schools participating in these various programs are located in both regional and metropolitan areas. Using Youth Excel schools as an example, attendance rate data indicates that there was an increase in attendance rates for Aboriginal students in Youth Excel schools in the period 2006 to 2007. School Certificate English results data also indicates that the Youth Excel program is on track to meet the target of doubling the number of students achieving upper band results and halving the number of students receiving lower band results. Matters relating to Aboriginal community health are best referred to the appropriate Minister.

*1830 HEALTH—RURAL INDIGENOUS COMMUNITIES—Ms Ficarra asked the Attorney General, and Minister for Justice representing the Minister for Health— (1) How do you intend to reduce school absenteeism in the numerous rural indigenous communities with inadequate sanitation and fresh water facilities, that cause children to be diagnosed as too sick to attend school from gastroenteritis, acute respiratory and skin infections? 2368 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(2) What is your response to statements by the Program Manager of the Pius X Aboriginal Medical Service, "that pumps stop and water stays static and stagnates. By the time the water gets through the pumps again there's still that bad water in the system"? Answer— i have been advised by the Minister for Health:- (1) and (2) inclusive Delivering better water and sewerage services in the State's Aboriginal communities falls within the Ministerial responsibility of the Minister for Aboriginal Affairs and the question should be re-directed accordingly.

*1831 WATER—RURAL INDIGENOUS COMMUNITIES—Ms Ficarra asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Emergency Services, and Minister for Water— (1) How do you intend to reduce school absenteeism in the numerous rural indigenous communities with inadequate sanitation and fresh water facilities, that cause children to be diagnosed as too sick to attend school from gastroenteritis, acute respiratory and skin infections? (2) What is your response to statements by the Program Manager of the Pius X Aboriginal Medical Service, "that pumps stop and water stays static and stagnates. By the time the water gets through the pumps again there's still that bad water in the system"? Answer— (1) & (2) The issue of school absenteeism does not fall within my portfolios. For the remainder of the question, I refer the Member to the answer provided for Question on Notice no. 1697.

*1832 LOCAL GOVERNMENT—LOCAL GOVERNMENT PARKING AND DRIVING RESTRICTIONS—Ms Ficarra asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development representing the Minister for Local Government, Minister for Aboriginal Affairs, Minister Assisting the Minister for Health (Mental Health)— (1) Does the Department of Local Government conduct an audit into the operation of parking and driving restrictions in school zones within each local government area in New South Wales? (a) If so, (i) is this information made public? (ii) does the information suggest that parking and driving restrictions lower accidents in and around school zones? (b) If not, why not? (2) What is the requirement for the initial and ongoing training of council rangers? (3) Are local councils encouraged or directed to allocate adequate resources to enforce parking and driving restrictions in school zones within their jurisdiction? Answer— I provide the following details in response to your questions: Responsibility for the administration of road and transport legislation and guidelines relating to the enforcement of school zone parking restrictions lies with the Minister for Roads, the Hon Eric Roozendaal MLC and the Roads and Traffic Authority (RTA). Questions about the enforcement of school zone restrictions should be directed to Minister Roozendaal. Training of council rangers is the responsibility of each council. In May 2006, the previous Minister for Local Government, the Hon Kerry Hickey MP, wrote to the general managers of all councils to encourage them to focus their efforts on patrolling school zones on school days, to enhance road safety and the safety of children, particularly near schools. The allocation of resources to parking enforcement is a matter for each council to determine. 2369 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*1833 POLICE—SCHOOL ZONES—Ms Ficarra asked the Minister for Roads, and Minister for Commerce representing the Minister for Police, Minister for the Illawarra— (1) What is being done by NSW Police to reduce the potential for accidents in and around school zones? (2) Is there any co-operation with Council Rangers with regards to improving school safety measures? Answer— The NSW Police Force has advised me : Highway Patrol officers enforce school zones at Local Area Command level, with approximately 14,350 offences detected since 21 May 2007. Police also regularly address issues of traffic safety around schools in close partnership with other road safety stakeholders, including Local Government and the Roads and Traffic Authority, through such forums as Police Accountability Community Team meetings and Local Traffic Committees.

*1834 ROADS—ROYAL NATIONAL PARK ROAD ACCIDENTS—Ms Ficarra asked the Minister for Roads, and Minister for Commerce— (1) How will you address the ever-increasing road accident statistics in the Royal National Park along Sir Bertram Stevens Drive, Farnell Avenue, Audley Road and McKell Avenue? Answer— I am advised: The RTA has undertaken a significant program of works and behavioural programs to target crashes within the Royal National Park including: • Reductions in speed limits on sections of Sir Bertram Stevens Drive in June 2007, including a reduction from 60 to 50 kilometres per hour through the Audley Village area along a one kilometre section of Sir Bertram Stevens Drive and Audley Road, and a reduction from 70 to 60 kilometres along a 3.8 kilometre winding stretch of road on Sir Bertram Stevens Drive from Garie Road to one kilometre north of McKell Avenue. • Upgrading and installing of new curve warning and speed limit repeater signs to ensure the speed limit is clearly displayed and motorists are aware of the safe travel speed around through curves. • Close consultation with the NSW Police Force to improve speed limit signage in this area to assist Local Police in their enforcement activities within the Royal National Park. • Support for additional Police enforcement campaigns within the Royal National Park targeting speeding and drink driving. The RTA also uses Variable Message Signs within the Park to support these campaigns and provide behavioural messages to motorists. • Providing Sutherland Shire Council with a grant for a Motorcycle campaign targeting riders specifically in the Royal National Park. The launch of this campaign is a 'Breakfast Torque' with road safety speakers which address approximately 1,000 riders during the day. • upgrading of the reflectors on the guardrail along the route to improve delineation. • Upgrading of the guardrail at some locations to improve the safety of errant vehicles. • Installation of "Gateway" signs to warn motorcyclists about the hazardous curves along the route. • Improvement to warning signage around Flat Rock Creek to improve the safety of motorcyclists.

*1835 TREASURER—TRANSPORT IMPROVEMENTS—Ms Ficarra asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter— (1) Will you be accessing the $190 billion of unallocated capital to deliver much needed transport improvements, including across 11 Sydney rail lines, as the Premier indicated the Sydney Morning Herald on 29 March 2008? (2) Given that Treasury officials have estimated that a mere $4 billion is budgeted till 2021, after $12.5 billion is spent on the north western Sydney metro line, how do you plan to provide the people of New South Wales better road and rail services? Answer— I'm advised: The updated State Infrastructure Strategy forecasts total capital expenditure of about $140 billion from 2008-09 to 2017-18. This includes provisions for specific road and rail projects, as well as general unallocated provisions for future capital expenditure across Government. 2370 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*1836 LANDS—MANILDRA MILL—Mr Cohen asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development— (1) Has the Minister read John Honan, Managing Director of the Manildra Group's responses to the Economic Development And Infrastructure Committee "Inquiry into Mandatory Ethanol and Biofuels Targets in Victoria" on the 31 July 2007? (2) When I asked the Minister whether 50,000 tonnes of wholegrain, and not flour waste by-product is used by Manildra every year to make grain-derived ethanol on 6 May 2008, had the Minister noted that Mr Honan stated to the Committee "we do actually buy some other grain and put it directly into ethanol"? (3) The Minister has previously stated; "the Manildra mill produces most of its ethanol not from flour but from flour waste products". Can the Minister indicate what percentage of all ethanol output at Manildra is derived from flour waste products? (4) Has the Manildra ethanol plant used corn starch from China to produce ethanol? (5) Has T.H.H Group, a Thai company, secured a contract to supply tapioca chips to Manildra Group for use in the production of ethanol? Answer— I am advised that the primary feedstock for Manildra's ethanol production is waste starch from its food production operations. Questions regarding the average percentage of secondary feedstock, or how the percentage may vary from time to time, and sources of feedstock should be directed to Manildra.

*1837 CLIMATE CHANGE AND THE ENVIRONMENT—WOODHEATER EMISSIONS—Mr Cohen asked the Attorney General, and Minister for Justice representing the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)— (1) Do the latest emissions inventory released by the Department of Environment and Climate Change in 2007 show that woodheaters are the largest single source of health-hazardous PM2.5 in Sydney at 4,503 tonnes per year, 5.6 times as much as the 797 tonnes from passenger cars? (2) Is the data for PM10 emissions - 4,642 tonnes from domestic-commercial solid fuel combustion (woodheaters), 5.3 times greater than the 867 tonnes for petrol-fuelled passenger cars are similar to emission levels for PM2.5? (3) Is the Minister familiar with the recent research of Dr Fay Johnston, that all studies comparing woodsmoke with smoke from cars exhausts or industry "have all tended to show that the effects from the wood smoke are actually worse for lung conditions than a similar amount from, say, car exhausts"? (a) If not, why not? (4) Is the Minister aware that the Commonwealth Department of Environment and Heritage commissioned tests of woodheater emissions under real-life operation and that average emissions of the 4 new woodheaters they tested was 6.3 g⁄kg? (a) If not, why not? (5) Is the Minister also aware that an economic analysis by the BDA Group titled "Wood heater Particle Emissions and Operating Efficiency Standards Cost Benefit Analysis" reports survey data showing average firewood consumption of 1.9 tonnes per year in Sydney, implying that average emissions from a new woodheater installed in Sydney will be about 12 kg per year? (a) If not, why not? (6) According to figures stated in the "Air Pollution Economics: Health Costs of Air Pollution in the Greater Sydney Metropolitan Region" at page 43, the estimated health cost of 1 kg of PM10 emissions in Sydney is $132. Does the Minister agree that if the average yearly emissions of a single new woodheater is 12kg, then the yearly health cost is $1,584 per year? (a) If not, why not? (7) Given the research suggesting PM10 from woodsmoke could be worse than PM10 from other sources (e.g. car exhausts or industry) and the small proportion of households using woodheaters in Sydney, does the Minister have advice as to whether PM10 emitted from wood heaters can be 2371 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

reduced to acceptable levels, no more than the PM10 emissions from passenger cars, to mitigate the health costs within a reasonable period of time, within 5 years, without a moratorium on the installation of new woodheaters that emit over 1 kg of PM10 per year? (8) What actions and measures does the Minister propose to undertake to achieve the Objective Number 5 of the NSW Government program Action for Air, 2006 Update that aims "to maximise home energy efficiency and reduce emissions of fine particles and VOCs from domestic fuel consumption"? (9) Will these measures reduce PM10 from woodheaters to acceptable levels, no more than the PM10 emissions from passenger cars) within a reasonable period of time - 5 years? (a) If not, what additional measures will be used to reduce woodheater emissions to acceptable levels and so protect our health and reduce the health costs of woodsmoke pollution to no more than the health costs of passenger cars?

Answer— 1. Yes. 2. Yes. 3. The Department of Environment and Climate Change has advised me that this year Dr Fay Johnston, a respiratory health researcher from the Menzies Institute, has started a four-year research project comparing the health effects of air pollution from biomass combustion, including deliberate fires, bushfires and woodheaters. This study will build on research on biomass smoke she completed in Darwin in 2005. 4. Yes. The environmental performance of woodheaters is highly dependent on the way they are loaded and operated. The Commonwealth commissioned a study in 2006 to measure particulate emissions from residential woodheaters. Researchers trialled a new stringent laboratory test intended to more closely reflect woodheater operation in people's homes. Emissions from woodheaters ranged between 4 and 8 g⁄kg. The report concluded that more work was needed to develop a technically accurate test method. 5. Yes. As mentioned above, emissions from woodheaters are highly dependent on the way they are operated. It has been established through laboratory tests that any woodheater produces far less smoke if operated correctly. 6. Woodheaters are a large source of particle emissions in Sydney. The Department of Environment and Climate Change relies on health costs information developed in conjunction with NSW Health. It is not practical to attribute a health cost to each wood heater unit, as it would vary according to the type of unit and its operation and location. 7. The NSW Government is committed to reducing the impacts of wood heater emissions and has made the reduction of fine particle emissions from wood heaters one of its strategies for meeting the State Plan cleaner air target. At the national level, the NSW Government is working with the Commonwealth, States and Territories, New Zealand and Standards Australia to improve standards for the design, manufacture and installation of woodheaters. These efforts culminated in an Environment Protection and Heritage Council decision to develop a national approach to woodheater regulation. Independently, the NSW Government has taken steps to reduce woodsmoke emissions. In 2007, the Department of Environment and Climate Change audited wood heater manufacturers and retailers to ensure that new woodheaters sold in NSW complied with Australian Standards, as required under the Protection of the Environment Operations (Clean Air) Regulation 2002. These compliance audits were to make the industry aware that substandard products would not be tolerated. The Government has also given new powers for local Councils to take enforcement action to reduce excessive smoke from woodheaters (see Q8). 8. The NSW Government is committed to maximising home energy efficiency. On 18 June 2008 Premier Morris Iemma and I announced a $150.5 million energy efficiency package to help families and businesses save money and help the environment. The package includes new measures that will reduce the growth in energy use and the State's greenhouse gas emissions. An information brochure on this energy efficiency package is available at www.environment.nsw.gov.au⁄households⁄energy.htm Councils in NSW have powers under the Local Government Act 1993 and the Environmental Planning and Assessment Act 1979 to manage the installation of domestic solid fuel heaters. The Department of Environment and Climate Change encourages councils to develop planning instruments to ensure that 2372 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

woodheaters are only located in areas where there will be adequate dispersion of smoke from chimneys to minimise the potential for wood smoke nuisance to neighbouring properties. I note that the Growth Centres Commission recently released Development Control Plans for the Oran Park and Turner Road precincts (Camden), which prohibit the installation of open fire places and slow combustion stoves to prevent pollution or disturbance to amenity of nearby residents. Further, under the Protection of the Environment Operations Act 1997 local councils have powers to deter the careless operation of woodheaters by issuing a smoke abatement notice or a penalty notice where a chimney on residential premises is emitting excessive smoke. Practical support materials, including a resource kit to assist councils with community education campaigns to reduce woodsmoke emissions, are available on the Department's website at www.environment.nsw.gov.au⁄woodsmoke⁄resources.htm. Additionally, the Department of Environment and Climate Change has undertaken a series of woodsmoke management workshops for councils in 2007 and 2008 with more workshops planned in 2009. 9. Refer to the answer to question 7.

*1838 WATER—NIMBO CREEK—Mr Cohen asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Emergency Services, and Minister for Water— (1) How many regulator works and⁄or rock offtake structure works in Nimbo Creek have been approved? (a) Who was the consent authority for the regulator works? (b) On what dates were the approvals given? (2) On what basis is the land affected by the regulator works deemed Crown Land? (3) Was the consent authority for all regulator works in possession of data predicting and forecasting flow reductions and water levels prior to authorising the works? (a) If the consent authority was in possession of such data, what was the average yearly percentage of water flow entering Nimbo Creek after the construction of the regulator, expressed as a percentage of pre-regulator flows? (4) Is the Minister confident that all regulator works have been approved by the relevant consent authority and that there have been no major modifications to the Nimbo Creek regulator beyond the scope and conditions of any planning approval? (5) If it is demonstrated that there have been modifications to the 2002 rock offtake structure without approval under the Environment Planning and Assessment Act 1979, will the Department of Energy and Water undertake remediation works to remove the unauthorised modifications? (a) If not, why not? (6) I refer the Minister to the 'Nimbo Creek Regulator Works Review of Environmental Factors' document. The report states that the primary aim of the regulator is to reduce the risk of erosion to Nimbo Creek. What data and empirical evidence generated within the relevant Department or the relevant environment department demonstrated a real or perceived risk of erosion? (7) What is the annual average measured megalitre per day flow in the Tumut River since construction of the regulator structure? (a) How many megalitres⁄day flow does this average translate to for Nimbo Creek? (8) How many inquiries has the Department of Water and Energy received in relation to the Nimbo Creek rock offtake structure? (a) On what dates were they received? (b) On what dates were they responded to?

Answer— I am advised: (1) One. (a) The former Department of Land and Water Conservation.(b) The assessment and approval process was undertaken under Part V of the Environmental Planning and Assessment Act 1979. A Review of Environmental Factors was completed in April 2000. The works were constructed as part of other erosion control works in the immediate vicinity of the Nimbo Creek Anabranch Offtake during the winter of 2002. (2) The land affected by the offtake structure was deemed to be Crown Land 2373 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

as the works were effectively on the bed and banks of the junction of the Tumut River and Nimbo Creek. (3) Yes. (a) I refer the Member to my answer to Question no. 2426 published on the Legislative Assembly Question and Answer Paper. "Average daily flows" is not an appropriate measurement, given this relationship between the regulated Tumut River and Nimbo Creek. In addition, flow measurements undertaken prior to, and approximately twelve months after, construction of the offtake structure revealed that the Nimbo Creek experienced "cease to flow" conditions when flows down the Tumut River were in the order of 500 megalitres per day. Flow monitoring now indicates that some five years after construction of the offtake structure, there is more water flowing down the Nimbo Creek during lower levels of flow in the Tumut. "Cease to flow" conditions now occur when flows in the Tumut are in the order of 300 megalitres per day. (4) I refer the Member to my answer to Question no. 2426 published on the Legislative Assembly Question and Answer Paper. (5) The Department of Water and Energy is not aware of any major modifications to the offtake structure since it was constructed in 2002. If it can be proven there have been unauthorised works, the Department will take the appropriate action. (a) Not applicable. (6) The Tumut River Management Strategy 2000 (TRMS) document, prepared by the former DLWC in 1995 was the first significant management plan for works on the Tumut River since the original complaints were first recorded in 1948.The need for the offtake structure and the other remedial works in the Nimbo Creek, following Land Owner complaints along the Nimbo, were given specific mention in Section 3.4.2 of the TRMS. (7) Refer to the answer to Question 3. (a) Refer to the answer to Question 3. (8)(a)-(b) There has been numerous correspondence from constituents concerning the Nimbo Creek offtake structure. Much of this correspondence has been responded to, while some matters are still under consideration. The first of the correspondence suggesting that the "cease to flow" conditions in the Nimbo were attributable to the offtake structure was received in October 2007, some five years after construction of the structure and at a time when emergency water measures were in place as a result of the worst drought on record.

*1839 CLIMATE CHANGE AND THE ENVIRONMENT—PRIVATE NATIVE FORESTRY—Mr Cohen asked the Attorney General, and Minister for Justice representing the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)— (1) How many Ecological Harvesting Plans for Private Native Forestry operations has the Director General of the Department of Environment and Climate Change approved? (a) What areas of Endangered Ecological Commuities have been approved for logging under these plans? (2) Will the Minister ensure that any Ecological Harvesting Plans will be consistent with constraints on clearing under the Native Vegetation Regulation 2005 and prohibit logging in all moderate to good condition Endangered Ecological Communities? (a) If so, will the Minister produce guidelines to that effect? (3) How many applications for minor variations under Section 29C(2) of the Native Vegetation Regulation 2005 has the Minister or any delegated authority approved? (4) Under what circumstances can moderate to good condition endangered ecological communities be logged under a Property Vegetation Plan? (5) How many instances of logging of moderate to good EEC have occurred since the adoption of the Code of Practice? (6) How much mapped Candidate Old Growth Forest and Rainforest (as mapped by the CRAFTI project) has been approved for logging in PVPs approved by Department of Environment and Climate Change to date? (7) Can the Minister indicate whether the Department has ever received any evidence from Private Native Forestry landowners that the historical release of PVP documentation has lead to trespass or property damage? Answer— (1) No ecological harvesting plans have been approved. (2) Any approval has to be consistent with the Native Vegetation Regulation 2005. The Director General of the Department of Environment and Climate Change may approve the logging of Endangered Ecological Communities where it meets the 'improve or maintain test'. In this instance, logging is a tool used to rehabilitate or regenerate an ecological community. The primary goal is ecological improvement. 2374 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

a. Guidelines are being produced and will be publicly-available once finalised. (3) No minor variation approvals under S29C(2) have been approved. (4) Logging can only be approved under an ecological harvesting plan. See Q2 above. (5) The Department of Environment and Climate Change has advised me that there are no known instances, since the Code of Practice was introduced. (6) The Government has recognised the need to have a system in place to undertake assessments of Old Growth Forests and Rainforests within private property. The CRAFTI exercise was undertaken some time ago utilising aerial photographs that are now up to 20 years old. It was not designed with the Private Native Forestry (PNF) Property Vegetation Plans (PVPs) in mind. The CRAFTI exercise was looking at the landscape level not the individual property level. Unlike State Forests and National Park mapped areas, the disturbance history was unknown for most of the private lands and very little of the mapping was field-verified. Under the Native Vegetation Regulation 2005, landowners are provided a map showing the CRAFTI Old Growth Forest and Rainforest layers when they apply for a PNF PVP. The landowners have the option of asking for an assessment of their old growth and rainforest or accepting the CRAFTI mapping. Assessments are carried on the whole forested area of a property not just the mapped areas. Of the 409 PNF PVPs issued by 18 June 2008, 262 landowners did not have any CRAFTI mapped Old Growth Forest or Rainforest, 85 landowners accepted the CRAFTI mapping and 62 requested an assessment using the protocols approved by the former Minister for Climate Change, Environment and Water, the Hon Phil Koperberg MP. For the period 1 August 2007 to 31 March 2008, the Department of Environment and Climate Change (DECC) has reassessed approximately 1,670 hectares of CRAFTI mapped Old Growth Forest or Rainforest. Of this area, 523 hectares have been confirmed as being correctly mapped and logging has been excluded. An area of four hectares has been added to the area of Rainforest and one hectare of Old Growth Forest has been identified as Rainforest. Under DECC's reassessment, 1,142 hectares mapped as either Old Growth Forest or Rainforest by the CRAFTI methodology have been ground-truthed as neither Rainforest nor Old Growth Forest. (7) No. Information has not been released previously. The requirement to obtain PVPs for Private Native Forestry was only introduced on 1 August 2007, with a short transition period for then current operations.

*1840 FAIR TRADING—CATASTROPHE REINSURANCE ARRANGEMENTS—Ms Hale asked the Minister for Education and Training, Minister for Industrial Relations, Minister for the Central Coast, and Minister Assisting the Minister for Finance representing the Minister for Fair Trading, Minister for Youth, Minister for Volunteering— (1) What is the percentage of premiums paid by insurers and builders that is used to pay for the "catastrophe reinsurance arrangements" as described in Ms Burney's press release of 16 May 2008? (2) Are builders and consumers informed that they are paying a percentage of premiums for "catastrophe reinsurance arrangements"? (a) If not, why not? (3) Does the fund actually seek reinsurance, or is the total risk carried by the fund and the tax payer of New South Wales? (4) If the cost of the catastrophe exceeds the balance of the fund, who pays the excess? (5) What is the current balance of the home warranty catastrophe fund? (6) For what was the expenditure of $3,000 in 2005⁄2006 and $1,573,000 in 2006⁄2007 incurred when no major building collapses occurred in those periods? (7) Does the developer of high rise residential developments pay for home warranty insurance or is the high-rise developer exempt from the requirement to pay? (8) Who provides home warranty Insurance for owners of high rise residential developments? Answer— (1) (6) The Office of Fair Trading advises me that matters relating to catastrophe reinsurance 2375 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

arrangements should be addressed to my colleague, the Hon Michael Costa MLC, Treasurer. (7) The builder, not the developer or home owner, is the party with the responsibility for arranging home warranty insurance to be obtained, where it is required. Since 31 December 2003 residential building work relating to the construction of a multi-storey building has been exempted from the mandatory requirement for home warranty insurance to be obtained. (8) See (7) above.

*1841 HOUSING—WATER BILL REDUCTIONS—TELOPEA—Ms Hale asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Housing, Minister for Tourism— (1) Have Department of Housing tenants at Telopea had their water charges suspended until further notice? (a) If so, (i) what is the reason for the suspension? (ii) how many suspensions have been issued? (iii) how many Telopea tenants have not had their water charges suspended? (2) Have Mr Ian Kelly's charges been reduced from $20 per week ($260 a quarter) to just over $1 a week ($13+ per quarter)? (a) If so, why? (3) If the suspension is the result of overcharging, (a) will tenants be compensated for any previous overcharging? (b) when will this occur? (c) what form will compensation take?

Answer— 1. No. 1-3. Not applicable. 2. Mr Kelly's water charges consist of his actual metered water usage as levied by Sydney Water Corporation for the period. 3. Not applicable.

*1842 LANDS—PERPETUAL LEASE 91122—Ms Hale asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development— (1) Has the Minister stated that the Crown has only 3% equity in many perpetual leases and that leaseholders should not have to pay market value twice to obtain freehold title? (2) If Martin and Marion Tebbutt have held one of those leases since purchasing at market value in 1972, aren't they morally entitled to a refund of the 97% overpayment of nearly $400,000.00? (a) If not, why not? (3) In relation to the reversal of the refund (promised in writing by the Department of Lands to Martin and Marion Tebbutt) why did the Minister advise this House that an Internal Audit Report on the value of perpetual lease 91122 "was prepared for the Department of Lands" when the majority of the committee members were actually Principal Officers of his Department? (4) Did the Senior Policy Officer (Ministerial Liaison) and the Regional Manager Sydney⁄Hunter of the NSW Department of Lands jointly make the original decision to refund the Tebbutt's money? (5) If the decision of these senior officers of the Department of Lands is not binding on the Department then who is "the appropriate delegated officer" referred to by the Minister? (6) Did the Internal Audit Report, which reversed the Department of Lands decision to refund Martin and Marion Tebbutt, find that "[i]nsufficient consideration was given to whether the "refund" would set a precedent and the consequent financial impact on Crown Lands financial position"? (a) If so, was any consideration given to the rights of the victims? 2376 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(7) If the Tebbutt's application to purchase the freehold title to their property was the only one authorised in the three months immediately prior to commencement of the 3% regulation (between March and July 2004) how could a refund "set a precedent"? (a) If the refund was to set a precedent, should that impact on the fairness of a considered decision to refund?

Answer— (1) Yes. (2) No. The legislative reforms of 2004 are not retrospective. (3) The Audit Report was prepared by the Corporate Governance Unit of the Department of Lands. (4) No. (5) The Director General or the General Manager Crown Lands Division. (6) This was not a finding but rather a consideration of the internal audit report. (7) The processing of Mr Tebbutt's application concluded on 28 August 2002, when agreement was reached to the purchase price.

*1843 TREASURER—HOME WARRANTY INSURANCE—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter— (1) In 2002 did Royal and Sun, now part of Suncorp Metway, advise the Government that reinsurance was not available to insurers for a first resort Home Warranty Insurance Scheme even though a government-run, privately reinsured, first resort scheme was operating in Queensland at that time for which Suncorp Metway provided in part reinsurance? (2) Is the same Suncorp Metway engaged by the Government to provide advice on insurance matters and matters with the Treasury Managed Fund? (a) If so, does the Government still accept Suncorp Metway's advice that a first resort home warranty insurance scheme is not viable in New South Wales although Suncorp Metway provides reinsurance for such a scheme in Queensland?

Answer— I'm advised; In 2002 Royal and Sun Alliance, wrote to the Hon. John Aquilina MP, the then Minister for Fair Trading, to advise they would be unable to obtain reinsurance and therefore could not continue to provide insurance to the Builders Warranty business from 1 April 2002 for high rise multi-unit buildings and large volume builders, under the first resort NSW home warranty scheme. The NSW Treasury Managed Fund (TMF) is the NSW Government self indemnity arrangement established to protect the Government's insurable risk and is managed by the NSW Self Insurance Corporation. Suncorp Metway is currently contracted through competitive tender to 30 June 2009 to provide Risk Management Services to the TMF and its member agencies. A subsidiary company of Suncorp Metway, GIO General Ltd, is contracted through competitive tender to 30 June 2010 to provide Claims Management services.

*1844 PLANNING—DEVELOPMENTS AT GWANDALAN AND CATHERINE HILL BAY—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) What is the liability of the Rose Group of companies to rehabilitate the mine sites on property to be dedicated as National Park as per the Memorandum of Understanding signed by the Minister on 16th October 2006? (2) What is the timeframe for completion of the rehabilitation? (3) Is there a cost impost on the Government for that rehabilitation? (4) What are the reasons for rezoning land from conservation to permit the construction of 887 homes at Gwandalan, 90 at Nords Wharf and 900 at Catherine Hill Bay on environmentally significant 2377 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

land in a remote part of Lake Macquarie that lacks infrastructure, work opportunities and viable public transport? (5) If approval is given for this development what guarantee is there that the residual land, formerly Stage 2, is not developed in the future? (6) Are there currently 60 homes, 30 vacant blocks and up to 100 potential blocks already on the market in Gwandalan, which remain unsold? (7) Has the Crighton, 65 lot development, which was approved 8 years ago, been fully developed yet? (8) Will the Minister require that the Rose Group of companies, or more specifically Lakeside Living Pty Ltd, provide public access to the waterfront as detailed in Coastal Design Guidelines for NSW (2003) in their development at Gwandalan (Independent Hearing and Assessment Panel Final Report page 24) and as recommended by the Director, Coastal Branch, Department of Planning? (9) Are there any plans for increasing the number of boat and trailer parking spaces to cope with future demands? (a) If so, (i) where? (ii) how many? (10) What plans are there for future traffic management around the local school, as this is not mentioned in the concept plan? (11) How are wildlife corridors, which are located on land outside the development, going to be protected from future subdivision? (12) In relation to the latest plans (December 2007) for the proposed Rose Group development at Gwandalan it would appear that the wildlife corridor referred to on page 19 of the Independent Hearing and Assessment Panel Final Report and the constructed wetland described in appendices 4 and 6 of Rose Group's Preferred Project Report are both located on land which is not part of the development site. Is this correct? (a) If so, what action is being taken to safeguard these facilities and place them under the control of Wyong Council? (13) If the Rose Group development at Gwandalan is approved, will the remaining parcels of land not intended for development, remain under Wyong Council zoning 7B Environmental Protection? Answer— I am advised: 1. Questions on responsibilities for mine rehabilitation under the Mining Act are best directed to the Minister for Primary Industries. 2. See answer to question 1. 3. See answer to question 1 4. The land was identified in the Lower Hunter Regional Strategy as future urban. The accompanying Memoranda of Understanding with Coal and Allied and Rosecorp allow for the transfer of conservation lands to public ownership to create the Wallarah Peninsula Green Corridor identified in the Regional Strategy. 5. It is intended to dedicate it to the state as conservation lands, not to be privately owned. 6. Wyong Council's land monitor (June 2007) states there 38 vacant lots and zero potential lots. The number of lots for sale change on a daily or weekly basis. 7. I am advised that the development is mostly developed and only a couple of lots for housing remain unsold. 8. The waterfront lot is not part of the subdivision development proposal 9. No, the Rosegroup development at Gwandalan does not adjoin Lake Macquarie and the issue of boat and trailer parking is a matter for Wyong Council. The Coal and Allied developments are still under consideration. 10. The issue of appropriate traffic management will be addressed in the assessment report. 11. Through appropriate zonings such as E1 - National Parks and Nature Reserves or E2 Environmental Conservation. 2378 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

12. This issue is currently being assessed as part of the proposed development. 13. Yes

*1845 PLANNING—AFFORDABLE HOUSING BUSINESS ROUND-TABLE—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Which organisations or individuals has the Minister or the Department of Planning invited to attend the October 2008 business round-table on affordable housing? (2) Which invitees are or have been donors to the NSW branch of the Australian Labor Party or its candidates? (3) Has the Minister for Housing been invited to attend? (4) What is the attendance fee per person and per organisation? (5) At which restaurant or venue will the luncheon be held? (6) What contribution will the Government make to defraying the expected cost of the luncheon? (7) Is it anticipated that the luncheon will generate a profit? (a) If so, (i) what is the profit expect to be (ii) to what purpose will that profit be put? (8) Could you please supply the relevant dates on which you last personally met with representatives of the following organisations to discuss affordable housing: (a) Shelter NSW? (b) The Tenants Union of NSW? (c) NCOSS? (d) Local Government and Shires Association? (e) Waverley Council? (f) Housing Industry Association? (g) Property Council of Australia? (h) Meriton Apartments? (i) Stockland group?

Answer— (1) to (7). The Minister for Planning and the Department of Planning are not organising this event. (8). As a Minister of the Crown I meet with, and liaise with, a large number of people from a cross section of the government and the community on a daily basis. To research my diary to look for the abovementioned information would constitute an inordinate amount of time and unnecessary resources.

*1846 PLANNING—BORAL'S SOUTHERN EMPLOYMENT LANDS—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Have parts of the cycleway at the Lower Prospect Canal in the Southern Employment Lands been bulldozed? (a) If so, by whom? (2) Is this section of the Lower Prospect Canal heritage listed? (3) What measures have been taken to ensure heritage features are protected? (4) What stage of construction has the bridge over Reconciliation Drive, as was proposed in Boral's original Concept Master Plan, reached? (5) Has there been any community consultation about recent decisions to build an access road over the canal? (a) If so, (i) when? 2379 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(ii) with whom? (6) Did Boral apply to have a section of the canal exempted from heritage protection? (a) If so, was the exemption granted? (7) Did Boral submit plans that show a bridge, which would have replaced the missing section of cycleway? (8) Have the Roads and Traffic Authority and Boral now changed their plans? (a) If so, what changes have been made? (9) Are there now plans to create a highway crossing rather than the promised bridge? (a) If so, what are the reasons for the change? (10) Did Boral's Cycleway Management Plan include plans for detour notices and rerouting directions? (a) If so, have these details been included on the signs that have been put on the site gates? (b) If not, (i) why not? (ii) when will appropriate signage be installed? (11) Have plans to close the Canal been brought forward from 2016? Answer— I am advised: 1. Yes. A part of the Lower Prospect Canal and cycleway on the Southern Employment Lands has been removed by Boral Resources Pty Ltd ("Boral"). 2. Yes. 3. On 24 March 2005, an approval was granted by the Heritage Council under section 63 of the Heritage Act 1977 authorising the removal of this section of the Lower Prospect Canal. 4. Boral is constructing an "at grade" cycleway crossing which was proposed as an interim measure and approved under Part 3A of the Environmental Planning and Assessment Act 1979 ("the EP&A Act"). 5. Yes. Boral submitted a Concept Plan and Project Application for approval under Part 3A which was publicly exhibited between 23 November 2006 and 22 December 2006 ("Boral's Part 3A Applications"). Consultation on Boral's Part 3A Applications took place with the community, government agencies and the local council. 6. The Part 3A approval which I granted to Boral dated 20 July 2007 under the EP&A Act authorised the construction of the "at grade" crossing. 7. No. The plans showed and committed to the construction of an "at-grade" crossing at Widemere East where the southern cut crosses the Canal. 8. I understand that Boral have not changed their plans. Otherwise, this is a question that should be directed to the Minister for Roads. 9. This is a question that should be directed to the Minister for Roads. 10. This Plan was not required to be submitted to me or to the Department of Planning. 11. This is a question that should be directed to the Minister for Roads.

*1847 ROADS—BORAL'S SOUTHERN EMPLOYMENT LANDS—Ms Hale asked the Minister for Roads, and Minister for Commerce— (1) Are there any plans for a safe cycleway to be created to replace the old cycleway in the Lower Prospect Canal Reserve? (2) Will the new cycleway follow the same route as the old cycleway? (a) If not, why not? (3) Is the Minister aware that the cycleway users do not find the new route safe or convenient? (4) Are there plans to build a bridge over Reconciliation Drive as was proposed in Boral's original Concept Master Plan? (a) If not, why not? 2380 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(5) Is Boral's plan to close this section of the canal consistent with its Cycleway Management Plan? (6) Has Boral signposted around the site as proposed in its Cycleway Management Plan? (a) If not, why not? (7) Will a safe cycleway be installed before the Prospect Highway and Transitway access roads are opened to public traffic? (8) Has there been any community consultation about decisions to build an access road over the canal? (a) If so, (i) when? (ii) with whom? (9) Did the Roads and Traffic Authority consult with community group CRAG about any alterations to the proposed bridge? (a) If so, what was the outcome? (b) If not, why not?

Answer— I am advised: The RTA has consulted with Holroyd City Council, Boral and other relevant stakeholders to ensure that temporary diversion facilities for users of the Lower Prospect Canal Cycleway are improved as a matter of urgency. The RTA will fund the urgent construction of a link between the eastern point of closure of the cycleway and the existing off-road cycleway adjacent to Silverthorne Drive in Pemulwuy. Along with improvements to diversion signage and other necessary traffic management actions this link will significantly improve existing conditions for local cyclists and pedestrians. The new link will enable detouring cyclists to bypass Greystanes Road and use a relatively low-traffic route to Prospect.The RTA and Holroyd City Council are aiming for the new link to be constructed by the end of July 2008. The RTA is exploring with Boral, options for the permanent reconnection of the Lower Prospect Canal Cycleway.

*1848 PLANNING—PART 3A APPLICATION FEES—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Since the introduction of Part 3A of the Environmental Planning and Assesssment Act, has the Department of Planning accepted any application for development or concept plan approval without it being accompanied by the requisite fee? (a) If so, (i) which development or concept plan applications were not accompanied by a fee? (ii) what were the reasons in each case for not requiring the provision of an application fee? (2) Has the Minister or the Department since the introduction of Part 3A reduced the fee required to accompany any application for development or concept plan approval? (a) If so, (i) for which development or concept plan applications were application fees reduced? (ii) what were the reasons in each case for reducing the application fee?

Answer— I am advised: All applications are supported by fees. Any departure from the full fee must be approved by the Director General. This has occurred primarily for major public infrastructure projects including: Kurnell Desalination Plant North West Rail Link South West Rail Link Pacific Highway Upgrade Projects (13 in total) 2381 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Hume Highway Duplication Munmorah Gas-Fired Power Station Bamarang Gas-Fired Power Station Southern Distribution Hub Concept Plan Macquarie University Concept Plan The application fees were reduced from the regulated maximum in each case because given the capital intensive nature of the proposals, the maximum fee did not reasonably reflect the likely expense of the assessment process to the Department of Planning by a significant margin. In the case of the concept Plan for Macquarie University, the fee was partially reduced to reflect current development already zoned and⁄or approved for core university uses.

4 JUNE 2008 (Paper No. 55)

*1849 GAMING AND RACING—INQUIRY INTO THE PADDINGTON BOWLING CLUB LIMITED—Ms Rhiannon asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Gaming and Racing, Minister for Sport and Recreation— (1) What are the results of the inquiry into the Paddington Bowling Club Limited? (2) Have you responded to the findings of this inquiry? (a) If so, what is your response to the findings? (b) If not, why not?

Answer— (1) An inquiry into Paddington Bowling Club was commenced under section 41X of the Registered Clubs Act 1976 following receipt of allegations of corrupt or improper conduct in relation to the club. The Inquiry consisted of 38 days of hearings and culminated in the Commissioner, Mr Brian Guest Barrister, submitting his report to the Director of Liquor and Gaming on 31 March 2008. The Director of Liquor and Gaming is currently reviewing the report and other information obtained in the course of the Inquiry to determine if there have been any breaches of State or Commonwealth Law, or grounds for taking complaint action against the Club. The Director of Liquor and Gaming is also considering whether recommendations should be made to amend the Registered Clubs Act as a result of the Inquiry. (1) I have received a preliminary report from the Director of Liquor and Gaming. Many of the issues raised in the preliminary report deal with the role of an administrator in relation to Registered Clubs and in particular whether an administrator not only has a duty to act in the interests of creditors of a club, but also in the interests of members of a club. Those issues and other issues dealing with club administration are still be considered by the Office of Liquor, Gaming and Racing.

*1850 FAIR TRADING—CATASTROPHE FUND—Ms Hale asked the Minister for Education and Training, Minister for Industrial Relations, Minister for the Central Coast, and Minister Assisting the Minister for Finance representing the Minister for Fair Trading, Minister for Youth, Minister for Volunteering— (1) Has Recommendation 14 of the Report on the Home Building Amendment (Insurance) Act 2002, recommending that the Government examine the possibility of a catastrophe fund to consider claims from consumers who had received full payment from Home Warranty Insurance but still require additional funds to demolish⁄rectify or reinstate a building that was constructed for the purpose of being their principal place of residence, been implemented? (2) Is the catastrophe fund used to recompense consumers who had received full payment from Home Warranty Insurance but still require additional funds to place them in a position, in so far as money can, (a requirement identified in Hadley v Blaxendale), that they would have been in if the building that was constructed for the purpose of being their principal place of residence was constructed in a 2382 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

proper and workman like manner, in accordance with the plans, specifications, conditions of development consent and on time? (3) If the catastrophe fund is used, what is the process by which claims are considered? Answer— I'm advised, there is no NSW Catastrophe Fund and never has been. The Government asked Mr Richard Grellman to give consideration to this matter in his 2003 review of the operation of home warranty insurance in NSW. The Grellman report made no recommendations in this regard. Following the insurance crisis that arose in 2001-02 the Government in an effort to protect consumers and stabilise the market, established a reinsurance protection to builders warranty insurers. The Government reinsurance protection provides catastrophe cover for losses of $80 million with an excess of $10 million for each builder. The reinsurance arrangements require that builders warranty insurers cover the reinsurance premium by paying the Crown 2% of their gross written premiums. To date no claim against the reinsurance protection has been made.

*1851 EDUCATION AND TRAINING—NORTHERN BEACHES SECONDARY EDUCATION FUTURES REVIEW COMMITTEE—Ms Ficarra asked the Minister for Education and Training, Minister for Industrial Relations, Minister for the Central Coast, and Minister Assisting the Minister for Finance— I refer to the answer to the Question on Notice 1619 that was asked in Legislative Council on 3 April 2008: (1) Did Dr Alan Lachlan, Carrol Carrigan and John Hayes change the original recommendation of the Northern Beaches Secondary Education Futures Review Committee, which included not closing any of the northern beaches High Schools, including Beacon Hill High School? (2) Why did Dr Alan Lachlan, when assessing the Freedom of Information application from the Save Beacon Hill High School Inc omit the document "New Horizons" which documented the recommendation to keep Beacon Hill High School open? (a) Was it to conceal the true recommendation of the Review Committee? (3) Does the Department of Education have Freedom of Information Officers? (a) Did the Department have such officers at the time of assessing the application? (4) Why did Dr Alan Lachlan assess the Freedom of Information application for the request of documents on the closure of Beacon Hill School? (5) How much money has been spent by the Government to date on proceedings in the Administrative Decisions Tribunal appealing the Department of Education's decision not to release documents regarding Beacon Hill High School and its closure? Answer— Both an investigation by an independent investigator and a preliminary investigation by the Independent Commission Against Corruption have concluded that there was no evidence that any person engaged in corrupt conduct. The Government accepted the findings and recommendations of the Northern Beaches Secondary Education Futures Review Committee. The result was the creation of the Northern Beaches Secondary College which provided a new future for the education of students on the Northern Beaches, including establishing links between the Freshwater Senior Campus and a university. Students, teachers and the community have all benefited over recent years from the projects and learning and development opportunities that these links have provided. The Northern Beaches Secondary College continues today to provide a shining example of educational opportunity and innovation. Freedom of Information requests about Beacon Hill have been rigorously handled in accordance with the Department's normal procedures. The Department has spent no money on legal proceedings about a "decision not to release documents regarding Beacon Hill High School and its closure". The Department made no such decision. It has released around 480 pages of documents about those matters.

*1852 ATTORNEY GENERAL—FREEDOM OF INFORMATION APPEALS—Ms Ficarra asked the Attorney General, and Minister for Justice— 2383 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(1) How many appeals have been lodged in the Administrative Decisions Tribunal against Government Departments' decisions not to release certain documents under Freedom of Information legislation for the following periods: (a) 2003⁄2004? (b) 2004⁄2005? (c) 2005⁄2006? (d) 2006⁄2007? (e) 2007 to present? (2) What is the total cost expended by the Attorney General's Department and⁄or Crown's Solicitors Office in defending such appeals for the following periods: (a) 2003⁄2004? (b) 2004⁄2005? (c) 2005⁄2006? (d) 2006⁄2007? (e) 2007 to present?

Answer— I am advised: (1) I refer the Honourable Member to the annual reports of the Administrative Decisions Tribunal. (2) It is not possible to correlate "costs expended" in each year with an appeal lodged in that year or any other year. For example, fees billed in a specific year could correlate to appeals lodged in a different year.

*1853 PREMIER—APPOINTMENT OF LOCAL GOVERNMENT ADMINISTRATORS—Ms Ficarra asked the Minister for Education and Training, Minister for Industrial Relations, Minister for the Central Coast, and Minister Assisting the Minister for Finance representing the Premier, Minister for Citizenship— (1) In relation to the appointment of Mr Robert McGregor, Dr Col Gellatly and Ms Gabrielle Kibble as Administrators for the dismissed Wollongong Council: (a) Why did the Government appoint three Administrators to Wollongong Council when they only appointed one person to be the Administrator of Warringah Council and Port Macquarie- Hastings Council? (b) At the time of appointment, were Mr McGregor, Dr Gellatly and Ms Kibble displaced Senior Executive Service Officers of the Government? (i) If so, what was the date of commencement and date of expiration of each of their Senior Executive Service contracts? (ii) What remuneration is each Administrator receiving for their terms as Administrator of Wollongong Council? (iii) If the Administrators are subject to Senior Executive Service contracts, who is responsible for conducting their performance reviews as required under the Senior Executive Service contract of employment? (2) In view of the Government appointing three Administrators for Wollongong Council and Tweed Council, and the community's concerns surrounding Mr Dick Persson's conduct at Warringah Council, will the Government ensure that two more Administrators are appointed to Warringah and Port Macquarie-Hastings Council to ensure transparency and integrity in decision-making? (a) If not, why not?

Answer— (1) (a) This is a matter for the Minister for Local Government. (b) No. (i) N⁄A. (ii) This is a matter for the Minister for Local Government. (iii) The individuals identified are not officers of the New South Wales public sector. 2384 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(2) This is a matter for the Minister for Local Government.

*1854 LOCAL GOVERNMENT—APPOINTMENT OF LOCAL GOVERNMENT ADMINISTRATORS—Ms Ficarra asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development representing the Minister for Local Government, Minister for Aboriginal Affairs, Minister Assisting the Minister for Health (Mental Health)— (1) I relation to the appointment of Mr Robert McGregor, Dr Col Gellatly and Ms Gabrielle Kibble as Administrators for the dismissed Wollongong Council: (a) Why did the Government appoint three Administrators to Wollongong Council when they only appointed one person to be the Administrator of Warringah Council and Port Macquarie- Hastings Council? (b) At the time of appointment, were Mr McGregor, Dr Gellatly and Ms Kibble displaced Senior Executive Service Officers of the Government? (i) If so, what was the date of commencement and date of expiration of each of their Senior Executive Service contracts? (ii) What remuneration is each Administrator receiving for their terms as Administrator of Wollongong Council? (iii) If the Administrators are subject to Senior Executive Service contracts, who is responsible for conducting their performance reviews as required under the Senior Executive Service contract of employment? (2) In view of the Government appointing three Administrators for Wollongong Council and Tweed Council, and the community's concerns surrounding Mr Dick Persson's conduct at Warringah Council, will the Government ensure that two more Administrators are appointed to Warringah and Port Macquarie-Hastings Council to ensure transparency and integrity in decision-making? (a) If not, why not?

Answer— I provide the following details in response to your questions: The decision to appoint three Administrators to Wollongong City Council reflects the size of the Council and the complexity and nature of the issues resulting in the Council's dismissal. Senior Executive Service contracts are matters for the Department of Premier and Cabinet. The Governor has determined that each Administrator be paid $80,000 per annum by Wollongong City Council. No valid case has been made to support the appointment of additional administrators at either Warringah or Port Macquarie-Hastings Council. Warringah Council will conduct its ordinary councillor elections on 13 September 2008 along with most other NSW Councils.

*1855 PREMIER—APPOINTMENT OF SENIOR EXECUTIVE SERVICE OFFICERS—Ms Ficarra asked the Minister for Education and Training, Minister for Industrial Relations, Minister for the Central Coast, and Minister Assisting the Minister for Finance representing the Premier, Minister for Citizenship— (1) In relation to recent events involving the appointment of Mr Joe Scimone to the New South Wales Senior Executive Service, what process is being undertaken by way of background checks by the Government to confirm the integrity of such people before appointment? (2) It was alleged in Queensland Parliament, particularly on 2 April 1996, that Mr Dick Persson was fraudulently given Government money to relocate from New South Wales to Queensland prior to his appointment by the Queensland Labor Government in 1989⁄1990. It was further alleged that during this time the calculation of his leave entitlements was fraudulent. In relation to these allegations: (a) Did Mr Persson disclose these allegations to the Government prior to his appointment as a NSW Senior Executive Service Officer? (b) What background checks did the Government undertake into Mr Persson prior to him being appointed to the Government following his employment in Queensland? (c) Was the Government aware of these allegations? (d) Did Mr Persson have a 18 month break from the public service? 2385 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(i) If so, has this been taken into account in the calculation of leave entitlements by the Government? (e) Does the Department of Premier and Cabinet administer Mr Persson's leave records and are absences from duty at Warringah Council taken into account for the purpose of Mr Persson's leave entitlements? (f) For the following periods, how many recreation leave days has Mr Persson taken and who authorised this leave: (i) 2003⁄2004? (ii) 2004⁄2005? (iii) 2005⁄2006? (iv) 2006⁄2007? (v) 2007 to present? (g) For the following periods, how many days extended leave has Mr Persson taken and who authorised this leave: (i) 2003⁄2004? (ii) 2004⁄2005? (iii) 2005⁄2006? (iv) 2006⁄2007? (v) 2007 to present? (h) For the following periods, how many sick leave days has Mr Persson taken and who authorised this leave: (i) 2003⁄2004? (ii) 2004⁄2005? (iii) 2005⁄2006? (iv) 2006⁄2007? (v) 2007 to present? (i) As at 31 May 2008, how many days does Mr Persson have in recreation leave entitlements, extended leave entitlements and sick leave entitlements?

Answer— (1) The guidelines for selection committees in the New South Wales public sector are included in the Personnel Handbook. (2) (a) to (d). Mr Persson's appointment followed due process. (e) to (i). Mr Persson's leave records are administered by the Department of Premier and Cabinet. Mr Persson's leave accruals are in accordance with public sector requirements. Mr Persson's leave is recorded on the departmental records.

*1856 PREMIER—CODE OF CONDUCT AND ETHICS FOR PUBLIC SECTOR EXECUTIVES—Ms Ficarra asked the Minister for Education and Training, Minister for Industrial Relations, Minister for the Central Coast, and Minister Assisting the Minister for Finance representing the Premier, Minister for Citizenship— (1) Are all Chief and Senior Executive Service Officers required to comply with the Code of Conduct and Ethics for Public Sector Executives as a condition of their contract of employment, in addition to meeting the requirements of their own agency's Code of Conduct? (2) In relation to the issues raised in the Question on Notice 1274 asked in the Legislative Council on 4 December 2007, as well as conduct outlined in letters to the Premier and Director General of the Department of Premier and Cabinet and other Ministers from Friends of Warringah Inc, other Warringah community groups and residents, has Mr Persson breached sections 1.3, 2.1-2.6, 4.2, 6.2, 7.1, 10.2 and 13.1 of the Code of Conduct and Ethics for Public Sector Executives? (a) If so, (i) what action does the Department of Premier and Cabinet propose to take in relation to these alleged breaches? (ii) will the Government terminate Mr Persson's contract? (3) Why has the Department of Premier and Cabinet failed to conduct a formal investigation into Mr 2386 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Persson's alleged breaches of the Code of Conduct and Ethics for Public Sector Executives? (4) Will the Department of Premier and Cabinet ensure an independent disciplinary investigation pursuant to the provisions of the Public Sector Employment and Management Act is conducted into Mr Persson's apparent breaches of the Code of Conduct for Executives and provisions of the Public Sector Employment and Management Act? (a) If not, why not?

Answer— (1) and (2). Mr Persson's employment as a Senior Executive Service Officer is a matter for the Director General of the Department of Premier and Cabinet. (3) and (4). These are matters for the Director General of the Department of Premier and Cabinet.

*1857 PREMIER—SECONDARY EMPLOYMENT AND REMUNERATION OF LOCAL GOVERNMENT ADMINISTRATORS—Ms Ficarra asked the Minister for Education and Training, Minister for Industrial Relations, Minister for the Central Coast, and Minister Assisting the Minister for Finance representing the Premier, Minister for Citizenship— (1) Does Ms Gabrielle Kibble hold any other positions either publicly or privately other than as Administrator of Liverpool and Wollongong Councils? (a) If so, (i) what are the positions held? (ii) what is the total amount of remuneration she is receiving per annum for any Government, Government Boards or Statutory Authority appointments? (iii) has Ms Kibble applied for permission pursuant to the Government's Policy on secondary employment? (2) Does Mr Robert McGregor hold any other position either publicly or privately other than as Administrator of Wollongong Council? (a) If so, (i) what are the positions held? (ii) what is the total amount of remuneration he is receiving per annum for any Government, Government Boards or Statutory Authority appointments? (iii) has Mr McGregor applied for permission pursuant to the Government's Policy on secondary employment? (3) Does Dr Col Gellatly hold any other position either publicly or privately other than as Administrator of Wollongong Council? (a) If so, (i) what are the positions held? (ii) what is the total amount of remuneration he is receiving per annum for any Government, Government Boards or Statutory Authority appointments? (iii) has Dr Gellatly applied for permission pursuant to the Government's Policy on secondary employment? (4) Does Mr Dick Persson hold any other position either publicly or privately other than as Administrator of Warringah and Port Macquarie-Hastings Councils? (a) If so, (i) what are the positions held? (ii) what is the total amount of remuneration he is receiving per annum for any Government, Government Boards or Statutory Authority appointments? (iii) has Mr Persson applied for permission pursuant to the Government's Policy on secondary employment? (5) For those Administrators who are the subject of Senior Executive Service Contracts, who undertakes their performance reviews as required under their Senior Executive Service contracts? Answer— (1). to (3). Neither Ms Kibble, Dr Gallatly nor Mr McGregor are public servants. Any secondary 2387 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

employment is a matter for them. (4). Mr Persson's employment is in accordance with public sector requirements. Mr Persson receives his SES remuneration package for his duties. Mr Persson has complied with all public sector requirements. (5). This is a matter for the officers' Chief Executive.

5 JUNE 2008 (Paper No. 56)

*1858 CLIMATE CHANGE AND THE ENVIRONMENT—EMISSIONS FROM BLUE CIRCLE SOUTHERN CEMENT—Ms Hale asked the Attorney General, and Minister for Justice representing the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)— (1) Did the Department of Environment and Climate Change commission an independent report on fraudulent emission testing at the Blue Circle Southern Cement facility at Berrima? (a) If so, (i) what were the results? (ii) when will the report be made public? (2) What action, disciplinary and otherwise, has been taken against those who fabricated emission testing results? (3) Did the independent report find that emissions levels from the Blue Circle Southern Cement facility exceeded acceptable standards and was this fact suppressed? (a) If so, (i) what substances exceeded acceptable levels? (ii) have these results been passed on to the Residents Against Dioxins Group? (4) What actions has the Department of Education and Climate Change taken as a result of this report to ensure accurate testing and reporting of results in the future? (5) Did the independent audit find Blue Circle Southern Cement to be compliant with licence conditions? (a) If not, what regulatory action was taken? (6) Have Blue Circle Southern Cement met the protocol requirements for monthly reporting to NSW Health? (a) If not, why not? (7) Have Blue Circle Southern Cement been non-compliant with licence conditions in the past? (a) If so, (i) in what manner? (ii) what action did the Department of Environment and Climate Change take? (8) What measures will be taken to ensure that new emissions testing consultants soon to be appointed at Blue Circle will comply with proper testing and public reporting procedures. Answer— (1) (a) (i) Yes. In early 2007 the Department of Environment and Climate Change identified errors in the Blue Circle Southern Cement Air Emission Report. The required testing methods were not duly followed in all cases. (ii) The report forms part of the ongoing investigation. It would not be appropriate to release the report until the investigation is complete. (2) The Department's investigation has not yet concluded. Further action will be informed by the findings of the investigation. (3) See response to 1a. 2388 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(4) The Department of Environment and Climate Change has taken the following actions: - the immediate suspension of non-standard fuel use; - the completion of two compliance audits; - the commencement of a legal investigation; and - requiring the Company to implement new systems to ensure accurate air emissions testing and reporting. (5) The Department of Environment and Climate Change identified errors in the Blue Circle Southern Cement Air Emission Report and commenced an investigation. It would not be appropriate to comment until the investigation is completed. Please refer to the answers to question (4) for regulatory actions taken by the Department. (6) This question should be referred to my colleague the Minister for Health. (7) Yes. (a) (i) A comprehensive compliance audit conducted by the Department of Environment and Climate Change in October 2007 found areas of non-compliance. These included air limits, general housekeeping and requirements for non-standard fuel use. This audit report was finalised in May 2008 and is a publicly available document. (ii) The Department of Environment and Climate Change has required that Blue Circle Southern Cement implement a detailed action plan to address non-compliances identified by the audit. The Department is tracking completion of the action plan. (8) The Department of Environment and Climate Change has reviewed emissions monitoring and reporting, undertaken a compliance audit and suspended use of non-standard fuels until proper quality assurance and quality controls are in place. The Department will continue to audit compliance with licence conditions. The company has also engaged with the Community Liaison Group in the selection of new consultants. In addition, there are also national quality control requirements for the accreditation of emission testing consultants.

*1859 CLIMATE CHANGE AND THE ENVIRONMENT—KURNELL PENINSULAR—ENVIRONMENTAL IMPACT—Ms Ficarra asked the Attorney General, and Minister for Justice representing the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)— (1) Will appropriate studies to assess the environmental impact on the Kurnell peninsular of the desalination project be conducted? (a) If so, (i) within what time frame? (ii) what plans are there to monitor the ongoing environmental impact on the Kurnell peninsular of the desalination project? (b) If not, why not?

Answer— This matter is the portfolio responsibility of the Honourable Frank Sartor MP, Minister for Planning, as the Desalination Project is a critical infrastructure project, approved under Part 3A of the Environmental Planning and Assessment Act 1979.

*1860 WATER—KURNELL PENINSULAR—ENVIRONMENTAL IMPACT—Ms Ficarra asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Emergency Services, and Minister for Water— (1) Will appropriate studies to assess the environmental impact on the Kurnell peninsular of the desalination project be conducted? (a) If so, (i) within what time frame? (ii) what plans are there to monitor the ongoing environmental impact on the Kurnell peninsular of the desalination project? 2389 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(b) If not, why not?

Answer— (1) Yes. As part of the planning approvals process. Sydney Water has already conducted rigorous Environmental Assessments. Sydney Water is also conducting a Marine and Estuarine Monitoring Program (MEMP). (a) The MEMP has commenced and will continue for at least three years after the start of commissioning of the desalination plant. (b) Not applicable.

*1861 WATER—HERITAGE AND COMMUNITY REMEDIATION PLAN FOR KURNELL—Ms Ficarra asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Emergency Services, and Minister for Water— (1) Will heritage and community remediation plans for Kurnell in conjunction with the desalination project be developed and funded? (a) If so, within what time frame?

Answer— Sydney Water has advised: (1) Public open space impacted by construction activities as part of the project will be restored to pre- work condition or better at the end of the project. (a) Not applicable.

*1862 PLANNING—HERITAGE AND COMMUNITY REMEDIATION PLAN FOR KURNELL—Ms Ficarra asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Will heritage and community remediation plans for Kurnell in conjunction with the desalination project be developed and funded? (a) If so, within what time frame?

Answer— These matters should be asked of the Minister for Water.

*1863 CLIMATE CHANGE AND THE ENVIRONMENT—HERITAGE AND COMMUNITY REMEDIATION PLAN FOR KURNELL—Ms Ficarra asked the Attorney General, and Minister for Justice representing the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)— (1) Will heritage and community remediation plans for Kurnell in conjunction with the desalination project be developed and funded? (a) If so, within what time frame?

Answer— This matter is the portfolio responsibility of the Honourable Frank Sartor MP, Minister for Planning, as the Desalination Project is a critical infrastructure project, approved under Part 3A of the Environmental Planning and Assessment Act 1979.

*1864 WATER—KURNELL—COMMUNITY RELATIONS—Ms Ficarra asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Emergency Services, and Minister for Water— (1) Will further meetings with residents of Kurnell be held on a regular basis, to provide them with information relating to progress of the desalination project, so that they may be able to better 2390 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

understand the current and future works being conducted and to further improve community relations and interaction with Government? (a) If not, why not?

Answer— I am advised: (1) Sydney Water has established an independently chaired Project Liaison Group. This group consists of community groups including the Kurnell Progress Association, local residents and school representatives. Sydney Water and contractor representatives attend the meetings. A customer information centre is open in Kurnell. (a) Not applicable.

*1865 PRIMARY INDUSTRIES—SUSTAINABLE YIELD FOR SAWLOGS AND PULPWOOD—Mr Cohen asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) Have the sustainable yield figures for sawlogs and pulpwood for South Coast-Southern been reviewed as per Clause 47(g) of the Southern Regional Forestry Agreement? (a) If not, when will the review occur? (2) Have the sustainable yield figures for sawlogs and pulpwood for Eden been reviewed under the Eden Regional Forestry Agreement? (a) If not, when will the review occur? (3) What are the current sustainable yields for pulpwood and sawlogs in the South Coast Sub Region and what is the net harvestable area to which these figures relate? (4) Does the Southern Regional Forestry Agreement place a maximum limit on pulpwood harvested from either the South Coast-Southern subregion or the Tumut-Southern subregion? Answer— (1). and (2). I refer to the answer given by the Minister for Climate Change and the Environment on 13 May 2008 in answer to the Honourable Member's question 1650. (3). High quality large sawlogs - 48,500 cubic metres. Pulpwood and lower quality logs - not applicable. The net harvestable area is estimated at 102,200 hectares. (4). No.

*1866 TREASURER—NSW CATASTROPHE FUND—Ms Cusack asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter— (1) What is the current value of the NSW Catastrophe Fund? (2) What was the value of the fund and what claims had been made for each year ending: (a) 30 June 2007? (b) 30 June 2006? (c) 30 June 2005? (d) 30 June 2004? (e) 30 June 2003? (3) What action has been taken by the Minister for Fair Trading or her officers to arrange access to the catastrophe fund for victims of the Beechwood collapse? (4) What administrative arrangements will be put in place for the distribution of these funds? Answer— I'm advised: Questions on the Beechwood issue should be referred to the Minister for Fair Trading. 2391 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*1867 FAIR TRADING—BEECHWOOD HOMES—Ms Cusack asked the Minister for Education and Training, Minister for Industrial Relations, Minister for the Central Coast, and Minister Assisting the Minister for Finance representing the Minister for Fair Trading, Minister for Youth, Minister for Volunteering— (1) Administrators of Beechwood Homes are selling contracts to other building companies to try to recoup money to pay the creditors. Who is making sure the conditions of sale are fair for the consumers? (a) How is this being achieved? (2) Can the Administrator rule out 'cost plus' contracts (which make the consumer liable for price increases)? (a) Will Vero insurance cover all charges and costs over and above contract prices to build homes for: (i) those with deposits where building has not yet commenced and (ii) those whose homes are mid-construction? (3) How many complaints were received by the Office of Fair Trading in the twelve month period prior to the collapse of Beechwood Homes? (a) What was the nature of these complaints (please include a category for delayed starts)? (4) Is the Office of Fair Trading investigating the causes of the collapse of Beechwood Homes and its own failure to heed the warnings of its demise? (a) If not, why not? (5) Why is the Office of Fair Trading not organising regional meetings in the Hunter, South Coast, Southern Tablelands and North West Sydney so that affected consumers and tradesmen can discuss their problems with the Department and find out what the future holds for them? (a) Why is this role being left to the receiver who represents secured creditors? (6) Will the Government help the hundreds of tradesman and workers who have not been paid and are now left holding large debts? (a) Who in the Government is assisting them? (b) Who will be provided with a legal representative? (i) Will insurance cover such costs? (7) Will Vero's insurance cover the extra cost of rent due to delays in the completion of homes caused by the Beechwood Homes collapse? (a) If not, why not? (8) What compensation is able to be claimed for delayed finishes? (9) When will Vero process the claim forms and immediately return with details of costs? (a) Will claims be limited to those listed on the initial form or will there be further opportunities for Beechwood Homes clients to make additional claims when further costs become known? (10) What is Office of Fair Trading doing to assist people who have paid deposits and want to get their money back so that they can organise new builders or have the option of not proceeding to build a new home? (11) When will work resume on unfinished homes? (12) Who will cover the costs for people's houses under construction after the 20% cap has been reached? (13) How and when can people get access to their properties? (14) Who is representing the consumer? (15) How many victims of the Beechwood Homes collapse have you met with and what was the date(s) of these meetings (16) You were quoted as saying in the Australian Associated Press Report of 24 May 2008: "I am disturbed that the receiver has been sending out bills to those affected for, in some cases, large amounts of money for work completed and that seems to me to be completely insensitive," and "[o] 2392 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

ur advice is for home owners not to pay those invoices and the Office of Fair Trading can take up the matter with the receiver"? (a) Was this advice issued through the media the opposite of the advice given by your Officers at the meeting of home builders at the Masonic Centre in Sydney on 23 May 2008? (b) What advice did you give in your media conference on 24 May in which you told people not to pay progress bills? (c) What authorisation or comment did you obtain from the receiver to give such advice to consumers and on what date? (d) What legal or other advice have you received on this issue and on what date was it considered by you? (17) What do you estimate the cost of claims will be to Vero and its reinsurers and what is the potential cost to the NSW Catastrophe Fund? Answer— (1) to (17). The Beechwood Homes group of companies entered into voluntary administration on 13 May 2008, affecting 380 customers with houses under construction in Sydney, the Hunter and the South Coast as well as a further 580 customers who have made pre-contract payments. The Administrator and Receiver are examining the reasons for the company's current financial situation. I have received correspondence from the Australian Securities and Investment Commission advising that there was no information received by it that would have indicated the company's decline. Like ASIC, Fair Trading using current methods of detection, had no prior warning of the companies' demise. Nonetheless, given the impact of such collapses on consumers, traders and the community, I have asked Fair Trading and the Home Warranty Insurance Scheme Board to examine new and better ways of detecting such problems so as to provide improved early warnings to the public.The Receivers and Managers of the Beechwood group of companies, Mr Chris Campbell and Mr David Lombe, Partners of Deloitte Corporate Reorganisation Group, are endeavouring to find a buyer to take over the building contracts and are currently assessing proposals from interested parties. I understand that there was a greater than expected level of interest and, coupled with the need for due diligence, this has meant finding a buyer for Beechwood is taking longer than had originally been expected. I recently met with the Receivers who advised that they are confident of affecting a sale in the very near future. My advice to Beechwood customers who have signed a building contract has continually been to lodge a claim with Vero Insurance Limited. Vero have implemented their "Major Insolvency Protocol" and established a Task Force to administer the protocol. The certificate of home warranty insurance from Vero provides a maximum of $300,000 for incomplete and defective work for contracts entered into after 1 March 2007. For consumers who signed before that date, a claim of up to $200,000 is available. However, should a sale be affected it is anticipated that the buyer would take over the existing building contracts and building work will recommence on those unfinished homes. If this does not occur, these consumers will receive protection under their home warranty insurance policies. At the time of the company's collapse, 15 to 20 homes were nearing completion and these have had further work completed under the supervision of the Receiver and Vero and, as a result, some home owners have been able to move into their homes. The majority of Beechwood customers affected by the collapse are not covered by home warranty insurance but have signed a pre-contract agreement and paid between $2,000 and $3,000 to cover Beechwood's administration costs to survey the site, draw up plans an lodge them with council. This amount is non- refundable.However, if the sale of the business occurs then consumers who have paid monies under a pre contract agreement would be well placed for the successful purchaser to pick up from where Beechwood let off. There have been suggestions that Beechwood customers could use the plans and engage another builder now. There are legal considerations to be taken into account before Beechwood plans, which are subject to copyright, could be used by another builder. Nevertheless, Fair Trading is speaking with the Receivers and Managers with a view to negotiating a reasonable fee to customers for the plans should the sale of the business not proceed. I have also written to the Minister for Local Government and the Local Government and Shires Association to seek their assistance to ensure that consumers who have been affected by the collapse of Beechwood Homes do not suffer further delay or unnecessary inconvenience. The Office of Fair Trading is also working with the Department of Planning and local councils to determine if they will be prepared to waive their usual development application fees should new plans or a new builder for the existing plans be requiredFair Trading is continuing to work closely with the Receivers, insurer and other the Government agencies to secure the best possible outcome for all Beechwood customers whether or not the Beechwood group of companies is sold. I am confident of the development of measures to 2393 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

assist Beechwood customers avoid further delay and frustration to complete their homes. Fair Trading, via its website, letters, emails and telephone calls has been keeping Beechwood clients up to date with developments. I am advised that Fair Trading has also received calls and correspondence from trade contractors and suppliers. These people have been provided with advice on the appropriate steps to take in the circumstances. I urge all consumers and traders to keep themselves up-to-date with progress by visiting Fair Trading's Website www.fairtrading.nsw.gov.au I have visited and spoken to a number of Beechwood customers to see first hand the anguish and frustration they are facing as a result of the company's collapse. I am heartened by the fact that some of these customers have been able to have their homes completed even while the receiver looks to sell the companies. While I know the delay has been frustrating for all concerned, the affecting of a sale of the companies is the best outcome for all Beechwood customers and for the many trades people and employees who work for the companies. It is for this reason why I have asked everyone for patience to allow the receivers to do their work.

*1868 TRANSPORT—SOUTHERN HIGHLANDS RAIL SERVICES—Ms Ficarra asked the Minister for Roads, and Minister for Commerce representing the Deputy Premier, Minister for Transport, Minister for Finance— (1) Are you aware that there are no direct services during morning peak hour between the Southern Highlands line and the Sydney CBD without commuters having to change at Campbelltown⁄Macarthur? (2) Do you plan to restore direct rail services from the Southern Highlands to the CBD during morning peak hour? (a) If so, when will these extra services be established? (b) If not, why not? (3) Considering the low number of services to the Southern Highlands line, what plans do you have to ensure that more train carriages are available to service this line? Answer— I am advised: RailCorp timetables are formulated after patronage levels throughout the rail network are monitored on the basis of ticket sales, counts of customers arriving at and departing stations and passenger counts on trains. It also consults with various commuter organisations and considers feedback from customers on how to best improve its services. On 4 June 2008, a meeting of relevant representatives was held to discuss services on the Southern Highlands line. As a result of this meeting a number of improvements will be introduced to facilitate better services on the Southern Highlands line.

*1869 TREASURER—EXEMPTION FROM LAND TAX—Dr Kaye asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter— (1) For each of the recognised religions and for each of the last five years for which data is available, how much revenue was lost to the state resulting from that religions exemption from land tax? (a) If exact data is not available, what is an estimate of the total amount?

Answer— I am advised: The Office of State Revenue does not identify or categorise applicants according to a "recognised religion" when applying the exemption.

*1870 FAIR TRADING—UNFLUED GAS HEATERS—Dr Kaye asked the Minister for Education and Training, Minister for Industrial Relations, Minister for the Central Coast, and Minister Assisting the Minister for Finance representing the Minister for Fair Trading, Minister for Youth, Minister for Volunteering— (1) What steps has the Minister taken to ensure that the sale of unflued gas heaters is not compromising the health of residents of New South Wales? 2394 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(2) What are the indoor air quality impacts of operating an unflued gas heater in a tightly sealed room? (a) What are the human health impacts? (3) Does the Australian Standard for unflued gas heaters adequately protects purchasers from the health impacts of unflued gas heaters? Answer— The Office of Fair Trading advises me that: (1) The New South Wales Department of Health has taken the lead role on the issue of the health effects of unflued gas heaters in New South Wales, with Fair Trading providing technical advice. The perceived health effects to users exposed to the flue gas of unflued gas heaters are the central issues within the gas industry. The Office of Fair Trading is responsible for the certification of gas appliances under the Gas Supply (Gas Appliances) Regulation 2004. Certification of gas appliances is only permitted if the gas appliance is safe to use and Australian Standards (AS 5601, Gas Installations; AS 4553, Gas Space Heating Appliances) set the standard for determining whether a particular appliance is safe, by giving instructions on installation and construction. The Standards indicate that gas appliances are only to be used with adequate ventilation. The Regulation also provides for the recall of an appliance, or prevention of the sale of an appliance, if it is deemed to be unsafe and the death or injury of a person may arise from use of the appliance. (2) The Minister for Health would be best placed to answer this question. (3) The Minister for Health would be best placed to answer this question.

*1871 EDUCATION AND TRAINING—HSC—SPECIAL EXAMINATION PROVISIONS—Dr Kaye asked the Minister for Education and Training, Minister for Industrial Relations, Minister for the Central Coast, and Minister Assisting the Minister for Finance— (1) In each of the years 2005, 2006 and 2007, (a) how many applications did the Board of Studies receive for Special Examinations Provisions in respect of the HSC exam in that year? (b) how many applications did the Board of Studies receive for Special Examinations Provisions in respect of the HSC exam in that year for students enrolled at independent schools? (c) how many applications did the Board of Studies approve for Special Examinations Provisions in respect of the HSC exam in that year for students enrolled at independent schools? (d) how many applications did the Board of Studies receive for Special Examinations Provisions in respect of the HSC exam in that year for students enrolled at Catholic Systemic schools? (e) how many applications did the Board of Studies receive and approve for Special Examinations Provisions in respect of the HSC exam in that year for students enrolled at Catholic Systemic schools? (f) how many applications did the Board of Studies receive for Special Examinations Provisions in respect of the HSC exam in that year for students enrolled at government schools? (g) how many applications did the Board of Studies receive and approve for Special Examinations Provisions in respect of the HSC exam in that year for students enrolled at government schools?

Answer— (1) (a) Applications received: 3875 (2005), 4314 (2006), 4366 (2007) NOTE: These totals are slightly lower than the aggregate of the three sectors, as the aggregate and sector data were captured at different times. The small difference may be explained by students granted special examination provisions who did not proceed to award. (b) Applications received: 1356 (2005), 1652 (2006), 1714 (2007). (c) Applications approved: 1293 (2005), 1580 (2006), 1608 (2007). (d) Applications received: 701 (2005), 738 (2006), 752 (2007). (e) The data for applications received is provided in (d) above. Applications approved: 681 (2005), 716 (2006), 721 (2007). (f) Applications received: 1822 (2005), 1929 (2006), 1903 (2007). 2395 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(g) The data for applications received is provided in (f) above. Applications approved: 1777 (2005), 1879 (2006), 1834 (2007)

*1872 WATER—SEWERAGE VENT SHAFTS—Dr Kaye asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Emergency Services, and Minister for Water— (1) How many sewerage vent shafts does Sydney Water currently have (a) on major sewerage lines? (b) on all other sewerage lines (2) In 1980 how many sewerage vent shafts did Sydney Water or its predecessor have (a) on major sewerage lines? (b) on all other sewerage lines (3) In the last 12 months (or the latest 12 month period for which data are available) how many sewerage vent shafts on major sewerage lines underwent major maintenance work? (4) Could you please provide a list of all sewerage vent shafts on major sewerage lines that have undergone major maintenance work in the last 12 months (or the latest 12 month period for which data are available), including the nature of work undertaken. (5) In the last 12 months (or the latest 12 month period for which data are available) how many sewerage vent shafts on other sewerage lines underwent major maintenance work? (6) Could you please provide a list of all sewerage vent shafts on the other (non-major) sewerage lines that have undergone major maintenance work in the last one month (or the latest one month period for which data are available), including the nature of work undertaken. (7) How many employees does Sydney Water have with specific expertise and experience in maintaining sewerage vent shafts? (8) Does Sydney Water's assets maintenance policy include regular inspections of sewerage vent shafts? (a) If so, what is target time between inspections for vent shafts (i) on major sewerage lines? (ii) on all other sewerage lines? (9) What steps does Sydney Water take to estimate the concentrations of sulphurous acid (H2SO3) in the sewage flows? (10) Has there been a long term increase in sulphurous acid concentrations in sewage flows? (a) If so, to what is this ascribed?

Answer— I am advised: (1). Sydney Water currently has the following number of vent shafts: Major Sewer Lines (> 300mm size) 1474 Other Sewer Lines 10616 TOTAL 12090 (2). Sydney Water's predecessor had the following number of vent shafts in 1980: Major Sewer Lines (> 300mm size) 1087 Other Sewer Lines 10454 TOTAL 11541 (3) and (5). Over the last 12 months, a total of 240 vent shafts were subject to major maintenance work. (4). The 240 vent shafts that required major maintenance work over the last 12 months were at the following locations: Vent shafts repaired in last 12 months: Suburbs 2396 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Albion Park (1) Harbord (1) Queens Park (1) Annandale (3) Hornsby (1) Randwick (13) Arncliffe (6) Hunters Hill (1) Rockdale (23) Artarmon (1) Hurlstone Park (1) Rose Bay (9) Ashfield (2) Ingleburn (2) Roseville (2) Balgowlah (4) Katoomba (1) Rozelle (1) Bellevue Hill (3) Kellyville (1) Rushcutters Bay (1) Berala (1) Kensington (3) Russell Lea (1) Berkeley (1) Kiama (2) Schofields (1) Bexley (5) Kings Langley (1) Seaforth (1) Bondi (2) Kogarah (1) Seven Hills (1) Bondi Junction (3) Lalor Park (1) Shalvey (1) Botany (1) Lane Cove (1) Smithfield (1) Bow Bowing (1) Lewisham (1) St Clair (2) Brighton Le Sands (1) Lidcombe (2) St Marys (6) Bronte (1) Lilyfield (2) Stanmore (1) Burwood (1) Llandilo (1) Strathfield (1) Camden (3) Loftus (1) Surry Hills (1) Cammeray (1) Longueville (1) Tamarama (1) Carlton (3) Malabar (1) Telopea (1) Chatswood (1) Manly (5) Thornleigh (1) Cherry Brooke (1) Marrickville (2) Ultimo (1) Chipping Norton (1) Mascot (1) Wahroonga (1) Churches Point (1) Merrylands (1) Warilla (1) Concord (1) Milperra (1) Waverly (2) Connells Point (1) Moorebank (1) Waverton (2) Cremorne (1) Mortdale (1) Werrington (1) Darlinghurst (3) Mosman (2) Willoughby (1) Dharruk (1) Mount Druitt (2) Wilmot (1) Double Bay (2) Narellan (1) Wollongong (1) Dulwich Hill (1) Neutral Bay (2) Wollstonecraft (3) Earlwood (1) Newtown (3) Woollahra (4) Eastwood (3) North Bondi (1) Woolloomooloo (1) Emerton (1) North Sydney (1) Woronora (1) Emu Plains (3) Northbridge (1) Engadine (1) Oak Flats (1) Ermington (1) Old Toongabbie (1) Erskine Park (3) Paddington (1) Fairlight (2) Padstow (3) Five Dock (1) Palm Beach (1) Forest Lodge (1) Parramatta (1) Glebe (1) Peakhurst Heights (2) Granville (1) Penrith (2) Grays Point (2) Petersham (1) Greystanes (1) Port Kembla (1) Guildford (1) Primbee (1) Haberfield (2) Pyrmont (1) Most required the existing shaft to be replaced. Two of these were major vent shafts, which required the complete replacement of a steel framework superstructure. (6). A total of 23 vent shafts were subject to major maintenance work during May 2008. These occurred in the suburbs of Arncliffe and Wollstonecraft (two each), Ashfield, Balgowlah, Berala, Bexley, Burwood, Chipping Norton, Darlinghurst, Erskine Park, Lewisham, Llandilo, Malabar, Peakhurst Heights, Port Kembla, Randwick, Rockdale and Rose Bay (one each), and St Marys (three). 2397 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(7). Sydney Water has a range of experts for all aspects of its networks, including staff trained in fieldwork procedures for completing vent shaft inspections. However, any identified vent shaft maintenance repair work is carried out by external contractors. (8). Sydney Water has a 10-year cyclic inspection program that covers all sewerage vent shafts. (9). Sydney Water measures hydrogen sulphide gas concentrations at strategic locations, which have been identified through condition assessment of the sewer mains and⁄or known areas identified from customer feedback. (10). Sydney Water monitors hydrogen sulphide gas concentration and has measured an increase over the last few years. (a). This is due to the reduction in sewage flows arising from increased detention times in sewer networks and higher concentrations of the sewage due to water conservation measures that reduce water use and the prolonged drought that has resulted in less infiltration of the sewer network. There is no public health risk.

*1873 POLICE—JUNIOR SHOOTERS—Ms Rhiannon asked the Minister for Roads, and Minister for Commerce representing the Minister for Police, Minister for the Illawarra— (1) What funding or any form of assistance is provided to the Sporting Shooters Junior Interstate Challenge or any other event for junior shooters? Answer— The NSW Police Force has advised me: The NSW Police Force provides no assistance to the Sporting Shooters Junior Interstate Challenge or any other junior shooting event.

*1874 SPORT AND RECREATION—JUNIOR SHOOTERS—Ms Rhiannon asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Gaming and Racing, Minister for Sport and Recreation— (1) (a) What funding or any form of assistance is provided to the Sporting Shooters Junior Interstate Challenge or any other event for junior shooters? (b) What Department provides the funding?

Answer— (1) (a) There are no funding programs for any junior interstate sporting events available from the Department of the Arts, Sport and Recreation. Country based junior athletes residing more than 150km from Sydney are eligible to apply under the Country Athlete Scheme for assistance with intrastate travel and accommodation expenses. (b) Unknown

*1875 PLANNING—DWELLING YIELD—Ms Rhiannon asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) What is the dwelling yield of the draft Local Environmental Plan (Town Centres), incorporating St. Ives, Turramurra, Pymble, Gordon, Lindfield and Roseville (a) How is this expected dwelling yield figure calculated? (2) Does the dwelling yield of draft Ku-ring-gai Local Environmental Plan (Town Centres) contribute to Ku-ring-gai meeting its Metropolitan Strategy Targets? (a) If not, why not? (3) What is the expected dwelling yield for the SAN Hospital site in Wahroonga and the UTS Campus site in Lindfield? (4) Does the dwelling yield of these Part 3A developments contribute to Ku-ring-gai meeting its 2398 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Metropolitan Strategy Targets? (a) If not, why not? (5) What is the dwelling yield of all other development and⁄or re-zonings that have been planned within Ku-ring-gai since 2004 under other planning instruments such as, but not limited to, SEPP-5, SEPP-53, SEPP Seniors Living, Dual Occupancy, Sub-divisions? (6) Does the dwelling yield of these other developments and⁄or re-zonings contribute to Ku-ring-gai meeting its Metropolitan Strategy targets? (a) If not, why not?

Answer— I am advised: (1) The dwelling yield for Ku-ring-gai Town Centres has not been estimated, principally because the plans are yet to be finalised. (2) Yes. (3) The approved concept plan allows for no more then 345 dwellings on the UTS Lindfield Campus. The Sydney Adventist Hospital redevelopment is currently being assessed and final dwelling numbers are yet to be determined. (4) Yes. (5) All relevant planning controls should be taken into consideration when Council is estimating expected total dwelling yield for the LGA. 6. Yes.

*1876 PLANNING—SECTION 65 CERTIFICATE—Ms Rhiannon asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Have the instructions by the Director General of the Department of Planning on 17 July 2006, requiring the Ku-ring-gai Council to comply with two conditions in order to receive a conditional section 65 certificate in relation to Turramurra, been followed? (a) If not, can the draft LEP ⁄ draft DCP for Turramurra be gazetted without alteration?

Answer— I am advised: The Ku-ring-gai Planning Panel is currently preparing a revised Draft Town Centres LEP, which includes Turramurra. Previous section 65 certificates are no longer valid, as a new one will need to be issued for the draft LEP.

*1877 PLANNING—METROPOLITAN STRATEGY—Ms Rhiannon asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) It has been reported by Ku-ring-gai Council (ref Ordinary Meeting of Council Business Papers of 08⁄08⁄06, G.B. 7, Attachment 1 Metropolitan Strategy, p6) that the Director General and Acting Executive Director, Metropolitan Planning advised Council "that a figure considerably less than half of the total for the sub-region being allocated to Ku-ring-gai would represent a satisfactory outcome". Was this advice given by the Department to Ku-ring-gai Council? (2) What is the target number of dwellings that Ku-ring-gai Municipality is required to provide under the Metropolitan Strategy? (a) How was this figure arrived at? (3) What is the expected dwelling yield of the planning Ku-ring-gai Council has undertaken to date to meet its Metropolitan Strategy requirements? Answer— I am advised: 2399 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(1) The North subregional strategy provides for development of an additional 21,000 dwellings by 2031, for Hornsby and Ku-ring-gai LGAs. I am advised that the Department of Planning requested the Councils to consider the broader subregional target and agree among themselves on a reasonable distribution of the subregional target. (2) The target number of dwellings that Ku-ring-gai Municipality is required to provide under the draft North subregional strategy is 10,000 dwellings (a) The figure was determined following a recognition from Ku-ring-gai Council that 10,000 was a reasonable share of the North subregional target of 21,000. (3) The key planning instruments expected to implement the Metropolitan Strategy, Town Centres LEP and Dual Occupancy LEP, were not completed by Ku-ring-gai Council. These plans will be progressed for completion by the Ku-ring-gai Planning Panel and expected dwelling yields will be reviewed by the Department at that time.

*1878 PLANNING—URBAN CONSERVATION AREAS—Ms Rhiannon asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Has the Minister for Planning or Department of Planning received proposed Urban Conservation Areas (UCAs) in Ku-ring-gai Municipality for gazettal? (a) If so, when? (2) How many proposed UCAs for Ku-ring-gai has the Department received? (3) When were these proposed UCAs for Ku-ring-gai Municipality received? (4) Will the proposed UCAs for Ku-ring-gai Municipality be gazetted? (a) If so, when? (5) Is planning being undertaken in the Ku-ring-gai Municipality affected by specific Heritage and Environmental protection controls such as these proposed UCAs for Ku-ring-gai Municipality not being implemented? (6) Does this compromise the proper consideration of these heritage and environmental issues when preparing other LEPs in the Municipality? (a) If not, why not? (7) What assurances can the Minister or Department provide that the proposed UCAs are not being adversely impacted by the planning being undertaken in Ku-ring-gai? Answer— (1) 'Urban Conservation Area' is not a statutory term under the Environmental Planning and Assessment Act and accordingly is not a matter for consideration by the Minister for Planning. (2) to (7). Refer to answer 1.

*1879 PLANNING—ENVIRONMENTALLY SENSITIVE LANDS—Ms Rhiannon asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Has the Minister for Planning or Department of Planning received a draft Local Environmental Plan No. 187 Environmentally Sensitive Lands for Ku-ring-gai Municipality? (a) If so, (i) who received the plan? (ii) when did the Minister or Department receive this draft LEP? (iii) why wasn't the draft LEP gazetted? (2) Has the Minister and Department refused to implement specific statutory controls for protection of Environmentally Sensitive Lands in Ku-ring-gai? (a) If so, why? (3) Would this compromise the proper consideration of these environmental issues when preparing other LEPs in the Municipality? 2400 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(a) If not, why not? (4) Are the Environmentally Sensitive Lands being adversely impacted by the planning being undertaken in Ku-ring-gai? Answer— I am advised: (1) No. (2) No. (3) Not applicable. (4) No.

*1880 LOCAL GOVERNMENT—RECLASSIFICATION OF LANDS—Ms Rhiannon asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development representing the Minister for Local Government, Minister for Aboriginal Affairs, Minister Assisting the Minister for Health (Mental Health) — (1) Did Councillors resolve to recommence a reclassification process as part of a draft Ku-ring-gai Local Environmental Plan (Town Centres) when the preparation of the draft LEP is now under the control of the Ku-ring-gai Planning Panel that was appointed as of 21 January 2008, specifically for the purpose of preparing the draft Ku-ring-gai Local Environmental Plan (Town Centres)? (a) If so, why? (2) Can the reclassification of lands be undertaken prior to the finalisation and exhibition of the draft Ku-ring-gai Local Environmental Plan (Town Centres), of which the reclassification is an integral part (namely schedule 4 of the LEP)? (a) If so, under what authority?

Answer— I provide the following details in response to your questions: (1) The information sought is not held by me or the Department of Local Government. The question is better directed to the Council. (2) Under section 27(1) of the Local Government Act 1993 reclassification of community land is made by a local environmental plan (LEP). As such it is the making of the LEP that effects the reclassification. LEPs are be made in accordance with the Environmental Planning and Assessment Act 1979.

*1881 ROADS—BUS BAYS—Ms Rhiannon asked the Minister for Roads, and Minister for Commerce— (1) Will bus bays, "overtaking bays through Drummoyne and Rozelle to allow 'limited stops' bus services to overtake 'all stops' services" be implemented as part of the Victoria Road Upgrade, as per the Urban Transport Statement released by Premier Iemma in November 2006? Answer— I am advised that the preferred options for the Victoria Road upgrade were announced on the 9th of July 2008. Details of this announcement will be available on the RTA's website.

*1882 WATER—PARKES SHIRE COUNCIL—BORES—Ms Rhiannon asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Emergency Services, and Minister for Water— (1) In the Parkes Shire Council what proportion of water from bores goes to (a) essential town supplies? (b) mining operations?

Answer— 2401 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

The Department of Water and Energy advises that Parkes Shire Council has five high yield bore licences that are used to supply groundwater for town water supply, mining, recreational and industrial purposes. A total volume of 4350 megalitres has been allocated to these bores but there is no specific volume dedicated to essential town supplies or to mining operations. It is a matter for Council to determine how it wishes to manage the groundwater that has been allocated to it.

*1883 COMMUNITY SERVICES—LEGISLATIVE REVIEW OF THE ADOPTION ACT 2000—Ms Rhiannon asked the Minister for Roads, and Minister for Commerce representing the Minister for Community Services— When will the report on the legislative review of the Adoption Act 2000 which under s213 of the Act was due to be tabled in March 2006 be tabled? Answer— Please see response to QoN 1816.

*1884 PLANNING—DWELLING YIELD OF KU-RING-GAI COUNCIL—Ms Rhiannon asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Does the full dwelling yield of the Ku-ring-gai Local Environmental Plan No. 194 (LEP-194) contribute to Ku-ring-gai Council meeting its dwelling yield requirements under the Metropolitan Strategy? (a) If not, why not? (2) Were amendments made to LEP-194 by the Department of Planning and the then Minister or Assistant Minister prior to gazettal of the LEP? (a) If so, were these amendments made to ensure the economic viability for development of all lands subject to the LEP? (3) Was the expected dwelling yield of LEP-194 at the time of gazettal? (4) What is the current expected dwelling yield of LEP-194? (5) Has this expected dwelling yield figure changed? (a) If so, why? (6) What is the dwelling yield for Ku-ring-gai Local Environmental Plan No. 200 and any other LEPs associated with LEP-194? Answer— I am advised: (1) Yes. All additional dwellings arising from LEP 194 will contribute to Metropolitan dwelling targets. Ku-ring-gai Local Environmental Plan (LEP) 194 aims to rezone certain lands in the Ku-ring-gai area to facilitate the development of multi-unit housing and increasing housing choice. The LEP does not stipulate a dwelling yield. (2) Yes. The s.69 report recommended that the then Minister make a number of amendments to Local Environmental Plan 194, however none of these amendments were specifically to ensure economic viability. (3) See response in 1. (4) See response in 1. (5) See response in 1. (6) The LEP does not stipulate a dwelling yield.

*1885 PLANNING—WOONONA—ENVIRONMENTALLY PROTECTED LAND—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— 2402 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(1) Have residents in the electorate of Keira provided you with information in relation to four allotments of environmentally protected Illawarra escarpment land at Woonona that lie within a common two kilometre radius and which are contained in the draft 2008 Wollongong Local Environment Plan? (2) Has the Member for Keira and Minister for the Illawarra conveyed to you residents' concerns about the same four allotments? (3) Is one of these allotments, namely Lot 14 DP 246275 Woonona, a parcel of publicly owned land? (a) Is it proposed to reclassify this allotment to operational land? (b) If so, what public exhibition process has been undertaken with regard to the proposed reclassification? (4) Does Lot 2 DP 541868 Woonona share the same street frontage as the land to be reclassified? (a) Have geotechnical studies been undertaken to establish the stability of this site? (i) If so, what were the findings of such studies? (ii) If not, given that this site lies at the apex of a known landslide that occurred in Woonona Heights in the mid 1970s, will such studies be undertaken before any rezoning or reclassification proceeds? (5) Is Lot 2 DP 541868 physically the street frontage for a much larger landlocked allotment which is owned by Bellpac Pty Ltd and which overlies the mining lease operated by Gujarat NRE Resources NL? (6) Given that Wollongong Council in 2005 ordered the owner of Lot 2 DP 541868 to restore his land at the apex of the landslide, but failed to enforce that order although no appeal was made by the owner to the Land and Environment Court, will the Minister require that the land be restored and outstanding fines paid before approving any review of the zoning of the site? (a) If not, why not? (7) Will approval of rezoning of the fourth site, owned by the Village Building Company, establish a precedent for multiple housing development on protected Illawarra Escarpment land? (8) Will the draft LEP, which was approved by Wollongong Council less than 24 hours before the Council was dismissed, be referred to the Administrators of Wollongong Council for review? (a) If not, why not?

Answer— I am advised: (1) to (5). I have received representations from residents regarding the proposed rezoning of lands at Woonona. Wollongong City Council has not yet sent a draft of the Wollongong Local Environmental Plan 2008 to me. As such, I can not comment on the contents of the draft plan. Any questions on the draft plan should be referred to Wollongong City Council. (6). Any question in relation to an order that may have been issued by Council is a matter for Council to answer. (7) and 8). I cannot comment on the contents of a draft plan that I have not seen. Any questions on the draft plan should be referred to Wollongong City Council.

17 JUNE 2008 (Paper No. 57)

*1886 HEALTH—RECORDED CASES OF TRACHOMA IN NEW SOUTH WALES—Ms Cusack asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) Have there been any recorded cases of trachoma in New South Wales in recent years? (a) If so, (i) how many? (ii) where were the cases? 2403 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Answer— I have been advised by the Minister for Health:- Chlamydia trachomatis infection of any site is notified to NSW public health units by microbiology laboratories under the Public Health Act 1991. However, Trachoma is not a notifiable condition in NSW.

*1887 LANDS—WESTPORT PARK RESERVE—Ms Hale asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development, and Acting Minister for the Central Coast— (1) Have procedures been initiated to revoke the gazettal of any part of Westport Park Reserve 54279 at Port Macquarie? (a) If so, (i) when was the action commenced? (ii) what stage has it reached? (2) Is it normal procedure to publicly advertise any revocation of a gazettal of crown land? (a) If so, when and in what newspapers of general circulation in the Port Macquarie Hastings local government area was the revocation of the Westport Park Reserve 54279 advertised? (3) Has the Department of Lands concluded leasing arrangements with Ariadne Australia for part of Westport Park Reserve 54279 of approximately 2.3 hectares, being part on land and part in water? (a) If so, (i) what is the tenure of the lease? (ii) what is the annual rental? (4) Does the lease provide for a CPI or an agreed increase in annual leasing fees? (5) What is the status of the special licence to investigate given to Ariadne Australia for an area of water adjacent to the existing Port Marina? (6) Has this area now been determined and converted to a lease? (a) If so, (i) what are the lease conditions? (ii) what is the tenure? (iii) what is the annual rental? (7) Does the lease provide for a CPI or an agreed increase in annual leasing fees? (8) What is the current status of the Foreshore Advisory Committee that the Department of Lands established earlier in 2008 to advise in relation to proposals affecting the foreshores in the Port Macquarie Hastings local government area? (9) How often does the advisory committee meet? (10) Are minutes kept of the proceedings? (a) If so, are the minutes available to the general public so that they can be kept aware of the advices and or proposals made by the Advisory Committee to the Minister, the Department of Lands, and Port Macquarie Hastings Council in relation to foreshore issues and⁄or developments? (b) If not, why not? (11) At a workshop held by Port Macquarie Hastings Council and MacroPlan on Wednesday 11 June 2008, in relation to the Settlement City Precinct, a suggestion was advanced by CMV Urban Design to also build 2 storey apartment blocks on the Department of Lands Expressions of Interest site. Has the Department of Lands entered into any discussions concerning this proposal? (12) Is the Department in favour of the proposal proceeding? (13) Has the actual location on the Expressions of Interest site of the proposed apartment blocks been established? (a) If so, what is that location?

Answer— (1) There is a history of revocations and additions affecting R54279. 2404 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(2) Crown land is not gazetted. (3) No. (4) See 3. above. (5) The licence remains current. (6) No. (7) See 3. above. (8) The Foreshore Lands Advisory Group remains active, meets as required, and, at a minimum, every few months. Minutes of meetings are kept and relayed back to community members who in turn are encouraged to convey this information back to their respective interest group(s) and the community. (9) See 8. above. (10) See 8. above. (11) No. (12) No proposal has been put to the Department of Lands. (13) See 12. above.

*1888 HOUSING—COMPENSATION FOR OVERPAYMENT ON GAS BILLS—Ms Hale asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Housing, Minister for Tourism— (1) When will Housing NSW resolve the claim for compensation for overpayment on gas bills for Shaunna-Marie Wilson, a tenant of Housing NSW in Waterloo, given the gas pipes were crossed over resulting in Ms Wilson paying the gas bill for her neighbour's premises? (2) If the neighbour continues to refuse to provide billing information, what will Housing NSW do to ensure Ms Wilson's claim can be fairly assessed? (3) When does Housing NSW expect this matter to be finalised? Answer— (1) to (3). This matter has been resolved and finalised. Ms Wilson has been advised directly of the outcome.

*1889 HOUSING—HOUSING NSW LITIGATION—Ms Hale asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Housing, Minister for Tourism— (1) Is Housing NSW seeking leave for the appearance of a barrister in the matter concerning the tenant Yau Hang Chan, that is currently before the Consumer, Trader and Tenancy Tribunal? (2) Is it the practice of Housing NSW to seek costs at the Consumer, Trader and Tenancy Tribunal from the tenant when they engage a barrister? Answer— (1) No. (2) While it is not the general practice of Housing NSW to seek costs in a Consumer Trader and Tenancy Tribunal matter, Housing NSW reserves the right to seek costs as contemplated by s53 of the Consumer, Trader and Tenancy Tribunal Act 2001 and Regulation 20(2) of the Consumer, Trader and Tenancy Tribunal Regulations 2002 where there are "exceptional circumstances that warrant the awarding of costs." (Reg 20(2)).

*1890 LOCAL GOVERNMENT—ADMINISTRATOR, LIVERPOOL COUNCIL—Ms Hale asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development, and Acting Minister for the Central Coast representing the Minister for Local Government, Minister for Aboriginal Affairs, Minister Assisting the Minister for Health (Mental Health)— (1) What is the annual monetary remuneration paid to the Administrator of Liverpool Council? (2) Does this figure include compulsory superannuation payments? 2405 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(3) What allowances is the Administrator entitled to receive? (4) What is the monetary value of these allowances? Answer— The Governor has determined pursuant to section 258 of the Local Government Act that as at 12 September 2007 the salary of the Administrator of Liverpool Council is $208,100 per annum. As the Governor's determination makes no reference to compulsory superannuation this question is better directed to the Council. However, the Department of Local Government has advised a number of General Managers of Councils under administration that in its view, the superannuation guarantee contribution is not payable to Administrators. The Administrator is entitled to receive reasonable travel and out-of- pocket expenses incurred in connection with the office. As reasonable travel and out-of-pocket expenses incurred in connection with the office are to be paid in accordance with the Council's expenses and facilities policy adopted under section 252 of the Local Government Act, this question should be directed to the Council.

*1891 LOCAL GOVERNMENT—ADMINISTRATOR, WOLLONGONG CITY COUNCIL—Ms Hale asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development, and Acting Minister for the Central Coast representing the Minister for Local Government, Minister for Aboriginal Affairs, Minister Assisting the Minister for Health (Mental Health)— (1) What is the annual monetary remuneration paid to the Ms Gabrielle Kibble in her capacity as an Administrator of Liverpool Council? (2) Does this figure include compulsory superannuation payments? (3) What allowances is Ms Kibble as an Administrator entitled to receive? (4) What is the monetary value of these allowances? Answer— The Governor has determined pursuant to section 258 of the Local Government Act that as at 12 September 2007 the salary of the Administrator of Liverpool Council is $208,100 per annum. As the Governor's determination makes no reference to compulsory superannuation, this question is better directed to the Council. However, the Department of Local Government has advised a number of General Managers of Councils under administration that in its view, the superannuation guarantee contribution is not payable to Administrators. The Administrator is entitled to receive reasonable travel and out-of- pocket expenses incurred in connection with the office. As reasonable travel and out-of-pocket expenses incurred in connection with the office are to be paid in accordance with the Council's expenses and facilities policy adopted under section 252 of the Local Government Act, this question should be directed to the Council.

*1892 PLANNING—HERITAGE COUNCIL CHAIR—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) What is the annual monetary remuneration of the Chair of the Heritage Council? (a) Does this figure include compulsory superannuation payments? (2) What allowances does the Chair of the Heritage Council receive? (a) What is the monetary value of these allowances? (3) How many hours each week does the Chair devote to Heritage Council matters? (4) Other than being Chair of the Heritage Council, does Ms Gabrielle Kibble undertake any other tasks for the Department of Planning for which she receives remuneration? (a) If so, (i) what are those tasks? (ii) what is the remuneration, including allowances for those tasks?

Answer— I am advised: 2406 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(1) The remuneration paid to the Chair of the Heritage Council of NSW is consistent with NSW Government policy namely "Guidelines for NSW Board and Committee members-appointment and remuneration". (a) See answer 1. (2) See answer 1. (3) This matter is determined by the chair of the Heritage Council. (4) Yes. (i) Ms Kibble is the Panel Chair for the Coal & Allied project (part 3A project⁄state significant site). (ii) Remuneration is consistent with NSW Government Policy namely "Guidelines for NSW Board and Committee members-appointment and remuneration".

*1893 CLIMATE CHANGE AND THE ENVIRONMENT—SWAMP SCLEROPHYLL FOREST—Ms Hale asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)— (1) Has the NSW Scientific Committee listed Swamp Sclerophyll Forest on Coastal Floodplains under Part 3 of Schedule 1 of the Threatened Species Conservation Act (1995)? (a) If not, why not?

Answer— Yes. Swamp Sclerophyll Forest on coastal floodplains of the NSW North Coast, Sydney Basin and South East Corner Bioregions was listed under Part 3 of Schedule 1 of the Threatened Species Conservation Act on 17 December 2004. A list of Final Determinations made by the NSW Scientific Committee can be accessed via the Department of Environment and Climate Change's public website www.environment.nsw.gov.au⁄committee⁄FinalDeterminations.htm.

*1894 CLIMATE CHANGE AND THE ENVIRONMENT—COLLINGWOOD HOUSE SITE—Ms Hale asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)— (1) Is the Collingwood House precinct recorded as being a ridge-top meeting place for both the Gandangara and Tharawal people? (2) In preparing an assessment of the land in February 2008 did Total Earth Care Pty Ltd (TEC) acting for Liverpool Council limit its consultation to two groups, one of which, the Cubbitch Barta Native Title Claimants Aboriginal Corporation, had little connection to the area, coming as it does from the Menangle-Camden Park area? (a) If so, why? (3) In preparing the report, did Total Earth Care fail to consult identified Aboriginal stakeholders, including the Gandangara, Darug, and local Aboriginal community members such as Norma Shelley OAM, a Gandangara elder? (a) If so, why? (4) The Total Earth Care report focuses primarily on an archaeological assessment of the site rather than its Aboriginal cultural heritage value. Is this an appropriate focus? (5) Is the Minister aware that the only Total Earth Care Pty Ltd (TEC) advertisement seeking TEC advertisement seeking "to identify Aboriginal stakeholders for an Aboriginal heritage assessment near the Georges River in Liverpool, southwest Sydney" was placed in the Koori Mail on 19 December 2007? (a) If not, why not?

Answer— 2407 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(1) Yes. (2) to (5). These questions need to be directed to Liverpool City Council as Council engaged the services of Total Earth Care Pty Ltd.

*1895 LANDS—CARAVAN STORAGE—Ms Hale asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development, and Acting Minister for the Central Coast— (1) Will the Minister accede to the request that both the Crown Lands Caravan Parks Policy and the Holiday Parks (Long - term Casual Occupational) Bill 2002 be reviewed in light of the concerns of caravan owners? (a) If so, when? (b) If not, why not?

Answer— The NSW Department of Lands is currently reviewing the Crown Lands Caravan Parks Policy. As Minister for Lands, I am not responsible for the administration of the Holiday Parks (Long-term Casual Occupation) Act 2002.

*1896 HEALTH—EXTENSION OF LOCK-IN HOURS—Ms Hale asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) Why are patient lock-in hours for the Long Bay Correctional Facility Hospital being extended from 2 April 2008? (2) Is it the intention to extend the lock-in hours indefinitely both at Long Bay Correctional Facility Hospital and in the new forensic facility? (a) If so, why?

Answer— I have been advised by the Minister for Health:- (1) I refer the Member to the Attorney General and Minister for Justice's response to Question No. 1524 in the Legislative council. (2) I am advised by Justice Health that the extent to which patients are confined to their rooms in the new Forensic Hospital will be determined solely by clinical assessment on a case by case basis.

*1897 WATER—SANDON POINT—Ms Hale asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Emergency Services, and Minister for Water— (1) Are you aware that Stockland bought Sydney Water public land at Sandon Point for only $2.1 million, and that it contained a known sacred Kuradji burial? (2) Are you aware there were three Native Title claims on the land at that time? (3) Did Sydney Water or the then Mayor of Wollongong, David Campbell MP, advise the Minister or the Department of the existence of these claims? Answer— (1) Sale of the Sydney Water owned land at Sandon Point to Stockland Ltd for $2.1 million was settled on 1 June 2000. When heavy seas uncovered the Kuradji aboriginal remains on McCauley Beach, Sydney Water permitted the reburial of the remains within part of its land zoned for open space. The zoning would prevent development in this area. The location of the re-burial site was determined after consultation with the National Parks and Wildlife Service and Illawarra Local Aboriginal Land Council. (2) As Sydney Water purchased the freehold of the land from a private individual in 1955, native title had been extinguished. (3) Not applicable. 2408 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*1898 HEALTH—AMBULANCE SERVICE OF NEW SOUTH WALES—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) How can the Health Advisory Centre of the Ambulance Service of New South Wales be better utilised? (2) Is the Health Advisory Centre of the Ambulance Service of New South Wales facing staffing difficulties? (a) If so, why?

Answer— I have been advised by the Minister for Health:- (1) The Ambulance Service is currently reviewing the function of the Health Advisory Centre (HAC) and determining its future direction. Ambulance is implementing a project with the aim to identify and implement strategies to enhance the role of the HAC and increase its capacity to provide appropriate care options for patients in order to improve Ambulance operational performance. (2) The HAC is currently finalising the recruitment of additional staff.

*1899 HEALTH—LONDON AMBULANCE SERVICE—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) Has consideration been given to the successful programs initiated by the London Ambulance Service to maximise the time and expertise of their emergency ambulance officers and vehicles? (a) If not, why not? (2) Are such programs or initiatives appropriate for New South Wales or for the Sydney metropolitan area? (a) If so, why? (b) If not, why not?

Answer— I have been advised by the Minister for Health:- As outlined in the NSW Health submission to the General Purpose Standing Committee No. 2 Inquiry into the Ambulance Service of NSW, it is intended that current communication mediums used by other Ambulance Services and emergency service agencies will be reviewed with development and implementation of community campaigns to reduce unnecessary requests for ambulances and promote the effective use of Ambulance resources and staff.

*1900 HEALTH—OVERTIME PAYMENTS TO NSW AMBULANCE OFFICERS—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) What has been the percentage of growth in overtime payments to NSW Ambulance officers as a result of roster compliance? (2) Is there a need for more officers to be recruited rather than relying on overtime? (3) What are the guidelines in terms of maximum hours an officer can work over a weekly period? (4) What have been the incremental pay rises for NSW Ambulance officers over the past 10 years? (a) How does this compare to other similar level healthcare workers in the public health system?

Answer— I have been advised by the Minister for Health:- (1) The Member's question is unclear, and no time period for the data specified. (2) The Member is referred to my responses to LC1904 Ambulance Officer Recruitment & LC1906 Staffing Shortages. (3) The Operational Ambulance Officers (State) Award can be found at: http:⁄ ⁄www.health.nsw.gov.au⁄jobs⁄conditions⁄classifications⁄ambulance.asp 2409 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(4) & (4a) inclusive Using the end of financial year 1997⁄1998 as the base, the cumulative pay increases to the end of 2007⁄2008 have been 55% for ambulance officers. Over the same period, registered nurses have had pay increases of 56%.

*1901 HEALTH—PERFORMANCE REVIEWS—AMBULANCE SERVICE OF NEW SOUTH WALES—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) Are performance reviews undertaken within the Ambulance Service of New South Wales? (a) If so, (i) what form do they take? (ii) how often are they conducted? (iii) are they used to determine pay levels? (b) If not, why not?

Answer— I have been advised by the Minister for Health:- The Ambulance Service of NSW has implemented a Performance Planning, Development and Review Program to District Officer level. The Program is a key feature of the Management Development Program for District Officers, Station Managers and Team Leaders to be implemented across the Service in 2008⁄09. The Program links individual goals and achievements to the Ambulance Service's goals and priorities. Individual performance plans are developed annually and the individual's performance is reviewed against the targets set in the plan every six months. Relevant industrial awards are used to determine pay classifications and rates.

*1902 HEALTH—AMBULANCE SERVICE OF NEW SOUTH WALES—COMMERCIAL RELATIONSHIPS—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) What commercial relationships exist between the Ambulance Service of New South Wales and any private organisation, statutory or other governing bodies? (2) What is the nature of the arrangement between the NSW Racing Industry (including the AJC and STC) and the Ambulance Service of New South Wales? (3) Under what authority has the Ambulance Service of New South Wales role changed from the provision of response to ill and injured persons in New South Wales to that of a location⁄event pre hospital provider? (4) What is the Government's position on competitive neutrality and the on site arrangements involving the paid provision of Ambulance Service of New South Wales staff, vehicles and⁄or equipment, taking them out of service to the general public? (5) Why is the Ambulance Service of New South Wales competing with private hospital service providers? Answer— I have been advised by the Minister for Health:- (1) to (5) The Ambulance Service of NSW has commercial relationships in place with many private organisations, statutory and Government entities. Ambulance services are provided to the NSW Racing Industry on request and in accordance with the provisions of the Ambulance Service's Sporting and Events Policy. The arrangement between the Australian Jockey Club (AJC) and Sydney Turf Club (STC) and the Ambulance Service provides for invoices to be raised consistent with the provisions of previous contracts. The role of the Ambulance Service of NSW has not changed. The Ambulance Service provides responsive, quality, emergency clinical care and support for patient transport, rescue and retrieval services. The Ambulance Service also provides services at major sporting events consistent with the Service's Sporting and Events Policy. 2410 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

The Ambulance Service does not compete with private providers, ambulance services are provided in accordance with the Health Services Act 1997.

*1903 HEALTH—AMBULANCE SERVICE OF NEW SOUTH WALES—PROBATIONARY OFFICER—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) Is it mandatory for two fully qualified ambulance officers to be in the ambulance vehicle when a "probationary officer" is being trained on the job? (2) Have there been instances where this practice has not occurred? (a) If so, (i) why? (ii) how will this situation be avoided in the future?

Answer— I have been advised by the Minister for Health:- (1) It is not mandatory for two fully qualified paramedics to be in an ambulance vehicle when a "probationary officer" or Trainee Paramedic is being trained on the job, except during a one week component of practical on-road training within the eight week Induction Program. (2) Since the one week component of practical on-road training was added to the Induction Program in July 2005 all trainee ambulance officers have participated in the one week program and have trained with two qualified ambulance officers in an ambulance vehicle.

*1904 HEALTH—AMBULANCE OFFICER RECRUITMENT—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) What is being done to increase the rate of ambulance officer recruitment? Answer— I have been advised by the Minister for Health:- As at June 1, 2008 the full time equivalent staffing establishment of the Ambulance Service of NSW was 3,787 positions, comprising 3,345 operational positions and 442 administration positions. A key feature of the 2008-09 investment in ambulance services is an additional $7.2 million to recruit an extra 75 new full-time staff across the Sydney metropolitan area. The current rate of recruitment for paramedics is high with 100% of new approved positions filled. However, changing community demographics mean the Service like all other employers will face a more limited recruitment marketplace in the future. Accordingly, a range of recruitment strategies are currently being developed including: • advertisements in the metropolitan and major regional press on a quarterly basis; • ongoing advertisements on Internet job sites such as "Seek" and "Jobs NSW"; participation in career days (approximately 10 per year); • graduate recruitment through Charles Sturt University and Monash University; • overseas recruitment and participation in relevant workshops, seminars and skills expos; • distribution of promotional material (such as 'A career with Ambulance?"). In 2006⁄07, the Ambulance Service implemented the final phase of a $41 million 4-year enhancement program under which the NSW Government provided an additional 241 ambulance officers for rural areas. In addition, the Ambulance Service has a Labour Agreement which facilitates fast-tracking of recruitment of qualified Paramedics from overseas.

*1905 HEALTH—NSW AMBULANCE RESPONSE TIMES—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) How do Ambulance Service of New South Wales response times compare with other state services in Australia? 2411 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(a) To what do you attribute this difference? (2) Have response times in the NSW Ambulance Service improved over the past 5 years? (a) If not, why not? (3) How does Ambulance Service of New South Wales response times compare to "Worlds Best Practice" guidelines from American Red Cross and the International Liaison Committee on Resuscitation? Answer— I have been advised by the Minister for Health:- (1) Information on the Ambulance Service of NSW response times is outlined in the NSW Health Submission to the Legislative Council, General Purpose Standing Committee No.2, The Management and Operations of the Ambulance Service of NSW at pages 12 and 13. Australian Ambulance authorities have adopted a standard measure for response times, which are measured at the 50th and 90th percentiles, in minutes. Each year the 50th and 90th percentile response times to potentially life threatening cases are complied by the Australian Productivity Commission and published in the Report on Government Services, Part D Emergency Management. The comparative response times for emergency code 1 cases 50th percentile are provided at page 13 of the NSW Health Submission to the Legislative Council Ambulance Inquiry. Differences between jurisdictions in definitions of response times, geography, personnel mix, and system type for capturing data, affect the comparability of response times. (2) In New South Wales, the 50th percentile response times generally improved from 2002⁄03 to 2006⁄07. Information regarding Ambulance response times is available on the NSW Health Internet site at: http:⁄⁄www.health.nsw.gov.au⁄hospitalinfo⁄perfresp.html. More detailed information about Ambulance Service of NSW response times and demand pressures is set out in the 2008 Review (at pages 32 to 38). Strategies that have contributed to improved response times for NSW since 2002 are set out in the NSW Health Submission to the Legislative Council Ambulance Inquiry at pages 12 and 13. (3) The Ambulance Service of New South Wales has not conducted response time comparisons in relation to benchmarks set by the American Red Cross or the International Liaison Committee on Resuscitation.

*1906 HEALTH—AMBULANCE SERVICE OF NEW SOUTH WALES—STAFFING SHORTAGES—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) What are the current staffing shortages in the Ambulance Service of New South Wales? (2) What measures are being taken to address them? Answer— I have been advised by the Minister for Health:- The Ambulance Service currently has no operational staff shortages, all established and funded positions are filled. The Member is also referred to my response to LC1904 Ambulance Officer Recruitment.

*1907 HEALTH—AMBULANCE SERVICE OF NEW SOUTH WALES—CLINICAL TRAINING OFFICER TIME AND EXPERTISE—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) How can Clinical Training Officer (CTO) time and expertise be better utilised? (2) Has consideration been given to recommending all CTOs use an "on and off" crew approach as regards their training responsibilities? (3) What "on the job experience" time do the new Intensive Care Paramedics get with senior Intensive Care Paramedics? (4) Why are P1 level officers currently allowed to administer intravenous midazolam without adequate "bagging" and airway management practice training? 2412 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(5) Will consideration be given to having P1 level officers undertake hospital theatre time training? Answer— I have been advised by the Minister for Health:- (1) and (2) Clinical Training Officers are members of a regional training unit led by a Paramedic Educator. All Clinical Training Officers are authorised and encouraged to attend cases with ambulance crew as appropriate to support education and training. Clinical Training Officers employ a variety of strategies in addressing educational needs for the staff they support. These officers are guided by annual work plans but are also highly responsive to individual or Service needs as these needs are identified. Clinical Training Officers have been effective in their role as demonstrated by the achievement of high rates of Certificate to Practice compliance. (3) It is mandatory for participants in the Intensive Care Paramedic course to complete 14 weeks training under the supervision of an experienced Intensive Care Paramedic who acts in the role of clinical mentor. (4) P1 Paramedics are trained in bag mask ventilation and airway management during their Induction course and must demonstrate proficiency before being authorised to undertake advanced interventions, such as the intravenous administration of midazolam to a patient who is currently fitting. Authorisation for P1 paramedics to administer intravenous midazolam in limited circumstances (a patient who is fitting and who has cannula in place) commenced on 1 July 2008. (5) High fidelity manikin based simulation is utilised to support all other levels of training and is a recognised effective means of training health professionals in airway management techniques.

*1908 HEALTH—AMBULANCE SERVICE OF NEW SOUTH WALES—ROSTERS—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) Has there been adequate consultation with the relevant ambulance officers as regards the new motorcycle ambulance rosters to make them more "family friendly"? (a) If not, why not?

Answer— I have been advised by the Minister for Health:- (1) The Ambulance Service identified, in early 2007, an operational risk to the sustainability of its motorcycle arrangements due to the small numbers of trained staff. Following consultation between a range of staff, including the affected motorcycle officers and management, it was determined that the recruitment of additional officers to be trained in this area would address this risk. This occurred in late 2007 through a normal merit selection process. The 8-line, 4 days on⁄4 days off, motorcycle roster aligns with operational ambulance stations and allows the officers transition from the cycles and back again. This is considered a family friendly roster with less disruption to the individual officers.

*1909 HEALTH—AMBULANCE SERVICE OF NEW SOUTH WALES—PATIENT TRANSFERS—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) Has consideration been given to ceasing non-urgent patient transfers from hospitals to nursing homes and other destinations during evening hours to free up more front line emergency ambulances? (a) If not, why not?

Answer— I have been advised by the Minister for Health:- (1) The necessity to provide transport for non-urgent patient transfers is based on the clinical assessment of the patient by their treating physician. It is often necessary to transfer patients during the evening hours to allow patients with higher acuity conditions access to hospital services. The Government has accepted recommendations from the 2008 Review that: - the Ambulance Service of NSW progress towards a fully tiered service as a means of focusing resources on greatest need; and 2413 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

- a review of Non-Emergency Patient Transport be undertaken in collaboration with NSW Health and Area Health Services, and in consultation with key stakeholders including the Health Services Union.

*1910 HEALTH—AMBULANCE SERVICE OF NEW SOUTH WALES—PATIENT TRANSPORT CREWS—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) Will consideration be given to adequately training Patient Transport crews to handle patient transfers instead of using "in-demand" road emergency ambulances? (a) If not, why not?

Answer— I have been advised by the Minister for Health:- (1) Patient Transport Officers already provide non-urgent patient transports. Patient Transport Officers are already trained for this purpose in basic first aid and patient manual handling techniques and have the skills necessary to manage non-urgent patient transfers.

*1911 HEALTH—AMBULANCE SERVICE OF NEW SOUTH WALES—STAFFING LEVELS—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) Does the Ambulance Service of New South Wales measure its staffing levels per officer to area population, as does the NSW Police Force? (a) If not, why not? (2) How are staffing levels determined throughout New South Wales? Answer— I have been advised by the Minister for Health:- (1) and (2) Ambulance staffing levels are determined by a system which takes into account ambulance workloads and response times for an area. Planning analysis also includes population numbers, age profile, traffic routes and travelling times and current and future health facilities in a particular region. Allocating staff according to population size alone would not reflect the clinical needs of communities. In addition, as outlined in the NSW Health Submission to the Legislative Council, General Purpose Standing Committee No 2, The Management and Operations of the Ambulance Service of NSW (p.20) the Ambulance Service corporate plan will be reviewed and annual operational plans developed and implemented.

*1912 TRANSPORT—SOUTHERN HIGHLANDS TRAIN CANCELLATIONS—5 JUNE 2008—Ms Ficarra asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance representing the Deputy Premier, Minister for Transport, Minister for Finance— (1) Are you aware that the 7:38pm train service from Campbelltown to Moss Vale was cancelled on Thursday 5 June 2008 and replaced with a bus? (2) Why was this particular train service cancelled? (3) How much did it cost to replace this particular service with a bus? Answer— I am advised: RailCorp makes every effort to minimise any disruption to the CityRail network. However, on occasion a number of unforeseen issues can delay or cancel trains and affect the running of CityRail services. I am advised that on 5 June, 2008, two bus services were organised and provided by Interline Bus Services to replace the cancelled train service. 2414 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*1913 TRANSPORT—SOUTHERN HIGHLANDS TRAIN CANCELLATIONS—11 JUNE 2008—Ms Ficarra asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance representing the Deputy Premier, Minister for Transport, Minister for Finance— (1) Are you aware the 7:38pm train service from Campbelltown to Moss Vale was cancelled on Wednesday 11 June 2008 and replaced with a bus? (2) Why was this particular train service cancelled? (3) How much did it cost to replace this particular service with a bus? Answer— I am advised: RailCorp makes every effort to minimise any disruption to the CityRail network. However, on occasion a number of unforeseen issues can delay or cancel trains and affect the running of CityRail services. I am advised that on 11 June, 2008, two bus services were organised and provided by Interline Bus Services to replace the cancelled train service.

*1914 EDUCATION—BROOKVALE TAFE—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education— (1) What plans exist to expand or upgrade Brookvale TAFE? (2) What additional courses are to be offered and⁄or changes made to courses offered? (3) How many additional students will the TAFE be able to accomodate? (4) What is the projected Brookvale TAFE student demand over the next 10 years? (a) What is the basis for such statistics or projections? (5) Given the vocational education need in the northern beaches why was Seaforth TAFE closed down? (6) What development is planned for the Seaforth TAFE site? Answer— I am advised: (1) In the 2008⁄09 Budget, the State Government announced a new health, community services, fitness and access training facility for TAFE NSW Northern Sydney Institute, Northern Beaches College. The facility is expected to open in 2010. (2) Regular market research and planning is undertaken to determine the profile of courses provided at the Northern Beaches College and all other colleges in this area. Additional training in nursing, aged care, children's services and sport and recreation are planned for 2009. Since 2006, 67 new courses have been introduced at Northern Beaches College, including courses in digital media, sport and recreation, project management, landscaping, marine studies, mental health and beauty. (3) The current and proposed works, including the development and upgrading of facilities for beauty therapy, hospitality, community services, health, fitness and access, will accommodate an additional 195 students (equivalent to approximately 211,000 student contact hours). (4) The demand for training at Northern Beaches College is projected to grow by less than two per cent per annum. (a) TAFE NSW regularly undertakes extensive analysis of a broad range of population, demographic, occupation and employment data to project future demand for training. (5) The Seaforth site of Northern Beaches College was closed as part of the consolidation of TAFE provision on the Northern Beaches to improve services to students and industry. The Northern Beaches are well serviced by other colleges including TAFE NSW Northern Beaches College at Brookvale and Freshwater Education Centre. There is no overcrowding at Northern Beaches College or at the Freshwater Education Centre. (6) The Department of Education and Training has no plans to develop the Seaforth TAFE site. The Department is in the process of disposing of the site. 2415 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*1915 ROADS—BUS AND COACH DRIVER ACCREDITATION—Ms Ficarra asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance— (1) Why does the Roads and Transport Authority not recognise the bus and coach driver accreditation issued by the Department of Motor Transport, for the purposes of license renewal (e.g. post theft)? Answer— I am advised: The RTA only accepts customers' original proof of identity documents, as provided in the RTA lists of acceptable documents. This is to assist in the prevention of fraudulent applications. A bus driver accreditation is not included in the RTA lists of acceptable documents as a bus driver accreditation can be obtained by mail. For the purposes of renewing or replacing a driver licence when it is lost or stolen, the RTA can also use the stored facial image (photo) and signature of the customer for comparison purposes when the customer attends the motor registry. Provided an acceptable match is made and a further document such as a Medicare card or credit card is produced, the transaction can proceed.

*1916 PLANNING—STATION STREET SUPERMARKET—Mr Cohen asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Were you the consenting authority for the 2 Stage Development of the 2,500 square metre Station Street supermarket on railway land surrounded by residential land in 2006 under SEPP 8 Surplus Public Land? (2) Were you aware that this proposal contravened the Mullumbimby Settlement Strategy adopted by Byron Shire Council to not allow any stand alone supermarkets? (3) Were you aware of the Byron Shire Council's ("BSC") moratorium on new connections to the sewerage system in the Mullumbimby and Brunswick Head shires when the DA was given? (a) Was the reason for the approval of the two staged development so as to allow sufficient land to be available for an on-site waste water system? (4) Are you aware that Woolworths have purchased that DA and that the current S96 is an attempt to circumvent the existing moratorium on new sewage connections in the Mullumbimby and Brunswick catchments as imposed by BSC? (5) Does BSC maintain this moratorium in the Mullumbimby and Brunswick Head shires due to deemed over-load and that there is no estimated project completion date for sewer infrastructure upgrades to allow new connections? (a) Are you aware that no contracts have been entered into and that there is no final price or completion date for work secured for the STP? (6) What measures will the Minister take to ensure and verify all information submitted to the Department of Planning by Woolworths or associated proponents in relation to its Section 96 Modification Application is correct? (7) What is the veracity of information produced by the proponent considering the proponent made a representation to BSC notating on a document that 1800 sqm would be set aside for on-site sewerage, when in fact it is only 180sqm? (8) Are you aware that a Section 96 Modification currently before the Department of Planning requests the approval of a 2,500 square metre building without an interim connection to sewer being available? (9) If permission is given to build the full Stage 2 building without connection to the sewer, how can you be confident that a sufficient on-site sewerage facility can be effectively operated on the 180 sqm set aside for the on-site facility which contravenes the NSW Governments own guidelines for on-site sewage management ? (a) Do calculations using the guidelines indicate that 2700sqm is required? (b) Will you seek expert advice from Byron Shire Council regarding the feasibility of this? (i) If not, why not? 2416 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(10) What recourse will citizens of Mullumbimby have and what processes will be undertaken if approval is given for the Section 96 Modification and an adequate onsite sewerage facility cannot be operated? (11) In respect to the lack of any viable current sewage management option for the Woolworths S96 proposal for a 2500sqm store, how could the application before the Minister meet the criteria of a S96 in that it must be substantially the same development as granted in the original DA? Answer— (1) Yes. (2) I am advised by the Department of Planning that the approved development does not contravene the Mullumbimby Settlement Strategy 2003. (3) Yes. (a) Yes. (4) I am advised that Woolworths Limited has purchased the land to which the development consent applies. The amendments to the development consent proposed by the current section 96 application will be assessed on their merits. (5) This question should be directed to Byron Shire Council. (a) Yes. (6) I have asked the Department of Planning to assess this application rigorously. The Department is currently assessing the merits of the proposed modification in consultation with a range of agencies, including Byron Shire Council. (7) The veracity of the information provided with the application will be subjected to a rigorous merit assessment. (8) The Department of Planning has advised that initially the application proposed an interim connection to reticulated sewer. However, amended plans have been lodged with the Department of Planning that propose on-site effluent disposal. (9) I am advised that the applicant has lodged amended plans with the Department of Planning that now propose on-site effluent disposal. The proposed on-site system will be subjected to a rigorous merit assessment prior to determination of the application. (a) These calculations will be made during the assessment of the application. (b) Yes. (10) Appeal rights, if applicable, are determined under the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000. The proposed amendments to the development consent relating to the provision of sewerage services to the site will be rigorously assessed prior to determination of the application. (11) The sewage management system proposed for the site will be rigorously assessed prior to determination of the application.

*1917 PRIMARY INDUSTRIES—SOUTHERN REGIONAL OFFICE RECURRENT EXPENDITURE—Mr Cohen asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) The answer provided to the Question on Notice No. 0167 asked in the Legislative Council on 19 September 2006, showed an amount for the Southern Regional Office recurrent expenditure in 2005⁄06 of $11.689 million and an amount of 1,383,000 for expenditure on workshops. (a) Did either of these figures include an amount for a charge back for transfer of superannuation gain as shown in the 2005⁄2006 Annual Report? (i) If so, how much was the charge back? (b) Did either the $11.689 million or the $1,383,000 include any amounts for head office expenditure? (i) If so, how much?

Answer— 2417 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

1. (a) No. (i) Not applicable. (b) No. (i) Not applicable.

*1918 YOUTH—WORLD YOUTH DAY—RELOCATION OF MOBILE FOOD VANS AND HOMELESS PEOPLE—Ms Rhiannon asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Fair Trading, Minister for Youth, Minister for Volunteering— (1) Will mobile food vans operated by charities and providing food to homeless people in Sydney be required to relocate from their current positions in the CBD for the period of World Youth Day? (2) Which charities have been asked to move their services, to where and for how long? (3) Will the government be providing additional support, either in kind or monetary, to assist these charities to advertise their relocated services to homeless people? (a) If so, what form will the support take? (4) Have any other mobile services, such as needle exchange facilities, in Sydney's CBD been asked to relocate during World Youth Day? (a) If so, what? (5) Has the government agreed that homeless people who sleep in the vicinity of St Mary's Cathedral should be relocated? (6) What actions have been taken to relocate homeless people who sleep in the vicinity of St Mary's Cathedral? Answer— I am advised: Two existing mobile food vans will move from the Cook and Phillip Park Precinct from Monday 14 July until Monday 21 July 2008. "Just Enough Faith" will be relocating to Woolloomooloo and "St Vincent De Paul Night Patrol" will be moving to a location near Wynyard during this period. The World Youth Day Co-ordination Authority (WYDCA) has worked closely with the Council of the City of Sydney's Homeless Unit, Housing NSW, the Department of Community Services and other non- government services to ensure that existing homeless people in the vicinity of Cook and Phillip Park Precinct are aware of changes during the World Youth Day period.

*1919 CLIMATE CHANGE AND THE ENVIRONMENT—BARRINGTON TOPS STATE CONSERVATION AREA—Ms Rhiannon asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)— (1) Is the review into the Barrington Tops State Conservation Area complete? (a) If so, (i) when will the report on the review be completed? (ii) when will it be publicly released? (b) If the review has not been completed, (i) when will it be finalised? (ii) when will the report of the review be publicly released?

Answer— 1. The review of Barrington Tops State Conservation Area has not yet been completed. 2. 1. The review will be finalised before October 2008. 2. The review will be released in October 2008. 2418 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*1920 CLIMATE CHANGE AND THE ENVIRONMENT—TARONGA ZOO—PUBLIC RELATIONS—Ms Rhiannon asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)— (1) How much money did Taronga Zoo spend on consultants to assist with public relations work in the last financial year? (2) Does Taronga Zoo have a contract with a public relations company? (a) If so, (i) what company[ies]? (ii) how much was paid to this company[ies] in the last financial year? (iii) are they the same company[ies] engaged by the Zoo in the last financial year?

Answer— (1) $16,000 was spent on contractual services in the last financial year (2006⁄07). (2) Assuming the question relates to the 2007⁄08 financial year, Taronga Zoo had a contract with one public relations company and a supply arrangement with one public relations contractor. (i) Sinclair Thomas Pty Ltd was engaged as the public relations company and Elizabeth Grieg Public Relations was engaged as a contractor in 2007⁄08. (ii) $16,000 was paid to Elizabeth Grieg Public Relations in the last financial year (2006⁄07). iii. It is confirmed that Elizabeth Grieg Public Relations was engaged by the Zoo in the last financial year (2006⁄07).

*1921 CLIMATE CHANGE AND THE ENVIRONMENT—COMPLIANCE STAFF—Ms Rhiannon asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)— (1) How many of the 200 Department of Climate Change and Environment compliance staff available to carry out operational activities, including the review of annual returns and responding to community complaints about coal mining activities, are based at each of the following locations: (a) Albury? (b) Armidale? (c) Bathurst? (d) Buronga? (e) Coffs Harbour? (f) Dubbo? (g) Grafton? (h) Griffith? (i) Murwillumbah? (j) Newcastle? (k) Parramatta? (l) Queanbeyan? (m) Sydney? (n) Wollongong?

Answer— (1) Officers who carry out operational activities are positioned statewide within the Department's Environmental Protection and Regulation Group. Operational staff located in Sydney also conduct regulatory activities across the state. Operational staff in the listed offices are as follows: (a) Albury - 6 (b) Armidale - 10 (c) Bathurst - 7 (d) Buronga - 1 (e) Coffs Harbour - 3 2419 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(f) Dubbo - 4 (g) Grafton - 13 (h) Griffith - 4 (i) Murwillumbah - 1 (j) Newcastle - 18 (k) Parramatta - 32 (l) Queanbeyan - 14 (m) Sydney - 51 (n) Wollongong - 17 Other staff potentially interact with coal mines through activities such as cultural heritage assessments.

*1922 CLIMATE CHANGE AND THE ENVIRONMENT—COAL MINING PROJECT RESEARCH REPORT—Ms Rhiannon asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)— (1) Did the Department of Environment and Climate Change Executive meeting held on 28 May 2008 consider a document entitled, 'Coal Mining in NSW Summary of Key Issues for DECC', and also referred to as the 'Final Draft EPRG Coal Mining Project Research Report'? (2) Was this report endorsed by the Department of Environment and Climate Change Executive? (a) If so, what is the timeline on the implementation of the recommendations of this report? (3) Have discussions been held with the following ministers or departments about the findings of this report: (a) Minister for Planning? (b) Minister for Mineral Resources? (c) Department of Mineral Resources? (d) Department of Planning? (e) Department of Primary Industries? (i) If not, why not?

Answer— (1) Yes. (2) No, the DECC Executive acknowledged the report prepared as a graduate trainee project report and noted that some of the policy settings and conclusions needed further scrutiny and refinement. The Executive acknowledged the report's limitations and agreed on the need to review the report in terms of the accuracy of some of its conclusions and recommendations prior to any further consideration. (3) (a) No. (b) No. (c) No. (d) Yes. (e) No. (f) The Department of Environment and Climate Change has an established record of active and effective regulation of the mining industry in New South Wales. Issues relating to coal mining are well understood and the Department is working on many of these as part of whole of government approaches and will continue to do so. The Department of Planning and the Department of Primary Industry (Minerals) are included in these processes.

*1923 HEALTH—CAPITAL INSIGHT—BATHURST HOSPITAL UPGRADE—Ms Rhiannon asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) Why was Capital Insight awarded the contract for the Wagga Wagga and Orange Base Hospitals, prior to the investigation into their actions in the upgrading of Bathurst Hospital were complete? 2420 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(2) Following the Health Department's investigation into problems with Capital Insight's management of the upgrade at Bathurst Hospital, what measures have you adopted to ensure future public private partnership hospital projects do not experience similar problems? Answer— I have been advised by the Minister for Health:- (1) Capital Insight was awarded the contract for the Orange Base Hospital in 2006. Capital Insight was appointed as the Project Director Procurement for the Wagga Wagga Base Hospital redevelopment. The appointment was made following a rigorous review process and was based on a number of criteria, including experience of the organization, the project team, the project methodology and the fee structure. Capital Insight has a successful track record and has more than 10 years experience in delivering major complex health projects including Royal Prince Alfred, Westmead, Concord and Canterbury Hospitals. (2) NSW Health has engaged independent consultants to undertake a review of the key decision and approval processes for the Bathurst project and lessons learned will be carried forward into all future projects. The redevelopment of Bathurst Hospital was funded by the NSW Government and the construction was not undertaken under a public private partnership.

*1924 HEALTH—WORLD YOUTH DAY—RELOCATION OF MOBILE FOOD VANS AND HOMELESS PEOPLE—Ms Rhiannon asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) Will mobile food vans operated by charities and providing food to homeless people in Sydney be required to relocate from their current positions in the CBD for the period of World Youth Day? (2) Which charities have been asked to move their services, to where and for how long? (3) Will the government be providing additional support, either in kind or monetary, to assist these charities to advertise their relocated services to homeless people? (a) If so, what form will the support take? (4) Have any other mobile services, such as needle exchange facilities, in Sydney's CBD been asked to relocate during World Youth Day? (a) If so, what? (5) Has the government agreed that homeless people who sleep in the vicinity of St Mary's Cathedral should be relocated? (6) What actions have been taken to relocate homeless people who sleep in the vicinity of St Mary's Cathedral? Answer— I have been advised by the Minister for Health:- This matter falls within the Ministerial responsibility of the Deputy Premier, Minister for Transport and Minister for Finance and the question should be re-directed accordingly.

*1925 PREMIER—WORLD YOUTH DAY—RELOCATION OF MOBILE FOOD VANS AND HOMELESS PEOPLE—Ms Rhiannon asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Premier, Minister for Citizenship— (1) Will mobile food vans operated by charities and providing food to homeless people in Sydney be required to relocate from their current positions in the CBD for the period of World Youth Day? (2) Which charities have been asked to move their services, to where and for how long? (3) Will the government be providing additional support, either in kind or monetary, to assist these charities to advertise their relocated services to homeless people? (a) If so, what form will the support take? (4) Have any other mobile services, such as needle exchange facilities, in Sydney's CBD been asked to relocate during World Youth Day? 2421 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(a) If so, what? (5) Has the government agreed that homeless people who sleep in the vicinity of St Mary's Cathedral should be relocated? (6) What actions have been taken to relocate homeless people who sleep in the vicinity of St Mary's Cathedral? Answer— I am advised: Two existing mobile food vans will move from the Cook and Phillip Park Precinct from Monday 14 July until Monday 21 July 2008. "Just Enough Faith" will be relocating to Woolloomooloo and "St Vincent De Paul Night Patrol" will be moving to a location near Wynyard during this period. The World Youth Day Co-ordination Authority (WYDCA) has worked closely with the Council of the City of Sydney's Homeless Unit, Housing NSW, the Department of Community Services and other non-government services to ensure that existing homeless people in the vicinity of Cook and Phillip Park Precinct are aware of changes during the World Youth Day period.

*1926 HOUSING—WORLD YOUTH DAY—RELOCATION OF MOBILE FOOD VANS AND HOMELESS PEOPLE—Ms Rhiannon asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Housing, Minister for Tourism— (1) Will mobile food vans operated by charities and providing food to homeless people in Sydney be required to relocate from their current positions in the CBD for the period of World Youth Day? (2) Which charities have been asked to move their services, to where and for how long? (3) Will the government be providing additional support, either in kind or monetary, to assist these charities to advertise their relocated services to homeless people? (a) If so, what form will the support take? (4) Have any other mobile services, such as needle exchange facilities, in Sydney's CBD been asked to relocate during World Youth Day? (a) If so, what? (5) Has the government agreed that homeless people who sleep in the vicinity of St Mary's Cathedral should be relocated? (6) What actions have been taken to relocate homeless people who sleep in the vicinity of St Mary's Cathedral? Answer— 1. 6. These questions should be directed to the World Youth Day Coordinating Authority as these matters fall within the Authority's area of responsibility.

*1927 HEALTH—RESPIRATORY DISEASES—Ms Rhiannon asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) Does the Department of Health collect data on respiratory diseases? (a) If so, what data is collected? (2) How many people were admitted to the following hospitals with asthma or other respiratory complaints each month from January to May this year, and for the same period in 2007: (a) Blacktown Hospital? (b) Canterbury Hospital? (c) Concord Hospital? (d) Liverpool Hospital? (e) Mount Druitt Hospital? (f) Nepean Hospital? (g) Prince of Wales Hospital? (h) St George Hospital? 2422 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(i) Sutherland Hospital? (j) St Vincent's Hospital? (k) Sydney Hospital? (l) Westmead Hospital?

Answer— I have been advised by the Minister for Health:- (1) and (2) inclusive: I am advised that the Department of Health collects data on respiratory diseases through the Admitted Patient Data Collection. Data on respiratory diseases is reported biennially on a state-wide basis in the Chief Health Officer's Report. For the nominated hospitals the number of patients admitted with asthma, copies of a table setting out details are available from the Office of the Clerk. For the nominated hospitals the number of patients admitted with other respiratory diseases, copies of a table setting out details are available from the Office of the Clerk.

*1928 HEALTH—HEALTHONE NSW SERVICES—Ms Rhiannon asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) Are the first round of HealthOne NSW services announced in 2006 for Mt Druitt, Molong, Rylstone, Corowa, Cootamundra, Manilla and Elderslie now operating? (2) The need for shared information systems was identified as essential to support multidisciplinary care provided by HealthOne NSW services. Is the same information technology system being used in all centres? (a) What is the information technology system[s] being used? (3) Is the shared information system at HealthOne centres currently operating? (a) If not, when will it be operating? (4) Have HealthOne NSW services established partnerships with local government and charities? (a) If so, what local councils and charities are involved?

Answer— I have been advised by the Minister for Health:- (1) The HealthOne Elderslie service commenced in September 2007; HealthOne Mt Druitt was formally opened by the Minister for Health on 23 June 2008 and the service commenced taking referrals in October 2007; and the Rylstone HealthOne service will open shortly. While HealthOne NSW facilities at Molong, Corowa, Cootamundra and Manilla are not yet open, Community Health and General Practice teams have commenced working in partnership in these sites to provide integrated care prior to the completion of capital works. (2) Information systems differ between and within the General Practice and Community Health teams involved in HealthOne services. Community Health teams may use CHIME, FERRET, CERNER, FISCH and paper based systems. General Practice teams may use Best Practice, MedTech, Practix, Medical Director and paper based systems. My Health Record, the Red Book, is a paper based record held by the patient. Health professionals can include summary notes in the Red Book. (3) There is currently no one shared information system. In the longer term it is proposed that the Electronic Health Record will be available to HealthOne NSW services as part of the state-wide implementation of the Electronic Health Record strategy. In the meantime, a range of local solutions are being developed to share patient information. (4) Yes. Cabonne Shire Council is a partner in the Molong HealthOne service. Port Stephens Shire Council is a partner in the proposed Raymond Terrace HealthOne service. A number of other HealthOne NSW services, such as Corowa and Quirindi, have local government closely involved in their planning and development processes. 2423 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*1929 TRANSPORT—SYDNEY FERRIES—NEW ROSTER—Ms Rhiannon asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance representing the Deputy Premier, Minister for Transport, Minister for Finance— (1) Will the new roster that Sydney Ferries has proposed require ferry workers to work longer hours? (2) Do the new rosters proposed by Sydney Ferries Management force employees to take leave as determined by management rather than by reasonable choice as has been the long-standing practice? (3) Why is the management of Sydney Ferries proposing to change the roster for ferry workers? (4) Is it the case that prior to the introduction of maximum 12 hour rosters in 2006, Sydney ferries masters, engineers and GPH (deckhands) substantially worked together in "Crew Based Rosters"? (5) Did the breakdown of "Crew Based Rosters" occur when Sydney Ferries in 2006 brought in rosters for GPH which substantially removed them from the "Crew Based Rostering"? (6) Did ferry masters and engineers remain on "Crew Based Rosters" after the 2006 changes and remain so to the present day? (7) Why has the current Sydney Ferries Management developed rosters, which do not utilise the existing masters and engineers "Crew Based Rosters" to restore the nexus between Masters, Engineers and GPH? (8) How much has Sydney Ferries Corporation expended in legal fees and related costs since June 2007, in seeking to impose rosters unacceptable to operating staff? (9) Is Sydney Ferries Management using the new rosters to significantly increase workloads and time on duty? (10) Will the proposed roster result in financial savings for Sydney Ferries? (a) If so, how much money will be saved? (11) Will the money saved be as a result of reduced overtime payments? (a) If not, how is the money saved? (12) Will some ferry workers have to work extra 12 hour shifts under the new roster? (a) If so, how will Sydney Ferries maintain a safe working environment if workers are on the job for an extra 12 hours? (13) Have the new rosters been graded at moderate concentration levels for Masters? (a) If so, was this level chosen so that the new roster will pass the (FAID) fatigue test?

Answer— I am advised: Sydney Ferries is seeking to introduce crew-based rosters for its afloat employees for the very considerable benefits it would bring to the organisation in terms of: - safety - financial and operational efficiency, and - industrial fairness. The rosters are designed to achieve a more equitable spread of work time across the afloat and shore- based ferry workers. Sydney Ferries advises that no employee is being asked to work more hours than those for which they are being paid. All leave for Sydney Ferries employees is subject to approval by the Corporation. Crew based rosters are the subject of ongoing discussion.

*1930 TRANSPORT—SYDNEY FERRY FLEET—Ms Rhiannon asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance representing the Deputy Premier, Minister for Transport, Minister for Finance— (1) (a) How much money is being spent on computers to be located on the Sydney ferry fleet? (b) What is the purpose of these computers? (c) Who will use these computers? 2424 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(d) Who decided that the ferry fleet should be fitted with computers? (2) (a) Were ferry workers recently informed that their current leave arrangements had been cancelled by express post mail to their home address? (b) On what basis was designated leave that management and ferry workers had agreed to cancelled?

Answer— I am advised: Sydney Ferries reports on expenditure relating to equipment in its annual report, as required by the Annual Reports (Statutory Bodies) Regulation 2005 and the Annual Reports (Statutory Bodies) Act 1984. All leave for Sydney Ferries employees is subject to approval by the Corporation.

*1931 TRANSPORT—SYDNEY FERRIES—EMPLOYEES AND TRAINING—Ms Rhiannon asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance representing the Deputy Premier, Minister for Transport, Minister for Finance— (1) Has the regime of competency maintenance, training and safety drills for crews expanded significantly since 2002? (2) Have the number of vessels in the Sydney Ferries Fleet increased since 2002? (3) Has there been any increase in the number of dedicated, permanent vessel crews since 2002? (4) How much did Sydney Ferries expend on chartering of vessels in 2000? (5) How much did Sydney Ferries expend on chartering of vessels in the last 12 months? (6) How many project managers are employed by Sydney Ferries? (7) How many contractors are employed by Sydney Ferries? (8) What are the different types of contactors employed by Sydney Ferries? (9) How many of each type of contractor are employed by Sydney Ferries? (10) How many managers, general managers and senior managers are currently employed by Sydney Ferries? (11) How many managers, general managers and senior managers were employed by Sydney Ferries in 2000 and in 2003? (12) What is the ratio of clerical, administrative and managerial staff to the total vessels in the fleet? (13) What is the ratio of clerical, administrative and managerial staff to operational and maintenance staff? (14) If the number of managers and senior managers has increased why have more people been employed in these positions? (a) Why were these positions created? (15) What are the job responsibilities of the managers, general managers and senior managers? (16) How much are managers, general managers and senior managers paid per annum? (17) What is the average span of hours worked per week by senior managers? (18) How many ex-naval personnel are employed by Sydney Ferries? (19) Was the merit selection process followed and were equal employment opportunity principles followed in every case when an ex-naval person was employed by Sydney Ferries? (20) How many of these ex-naval personnel do not have relevant commercial maritime experience or qualifications? (21) Have a number of ex-naval personnel employed by Sydney Ferries been provided with special training paid for by Sydney Ferries so they gain the skills needed for their new position? (22) How many ex-naval personnel now employed by Sydney Ferries have been provided with this training? 2425 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(23) What has been the cost of providing training for these ex-naval personnel? (24) What was the position to which Mr Mark Macintosh was initially appointed and did that position require specialist Occupational Health and Safety skills or knowledge? (25) Was Mr Mark Macintosh provided with one to one training in occupational health and safety standards by an academic? (a) If so, what was the cost of this training for Mr Macintosh? (26) Was Mr Macintosh a former RAN member? (27) Has Mr Mark Macintosh been reassigned or appointed to a position different from that to which he was initially appointed? (a) If so, why? (28) In his current role as head of the Fleet Standards group, did Mr Mark Macintosh replace Mr Kel Dillon? (29) Was Mr Dillon a former RAN member? (30) Is Mr Mark Macintosh about to be (or has he already been) appointed to a position in which the previous incumbent held required commercial maritime qualifications? (31) Does Mr Macintosh hold similar commercial maritime qualifications? (32) Is it true that NSW Maritime will not issue ex-naval personnel with a certificate of competency based solely on their service in the navy? (33) Are managers of Sydney Ferries required to have a certificate of competency? (34) Did Mr Dixie Foord fail the General Purpose Hand aptitude or initial assessment test for employment as a GPH at Sydney Ferries? (35) Was Mr Foord then given a position as Seamanship Adviser to the GPH's in one of the newly created positions within the "Fleet Standards Group"? (36) Was this position created by the Operations General Manager Dennis Mole? (37) Was Mr Foord also a RAN member? Answer— I am advised: Sydney Ferries reports on safety, fleet, maintenance and employee relations expenditure in its annual report, as required by the Annual Reports (Statutory Bodies) Regulation 2005 and the Annual Reports (Statutory Bodies) Act 1984. In line with legislative requirements, appointments to positions within the NSW public service are merit based. Sydney Ferries, as with other Government agencies, advertises any vacancies on the Jobs NSW website www.jobs.nsw.gov.au.

*1932 TRANSPORT—COOMA TO SYDNEY AIRLINE AND RAIL LINE SERVICES—Ms Rhiannon asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance representing the Deputy Premier, Minister for Transport, Minister for Finance— (1) What work has been undertaken to find a replacement airline for the Regional Express (Rex) company on the Cooma to Sydney airline run? (2) Considering the difficulty faced by people of Cooma in travelling to Sydney and the impact on tourism to the Cooma region and the New South Wales snow fields, will the Government consider reopening the rail line that used to service Cooma? Answer— I am advised: (1) The Ministry of Transport issued a call for licence applications on 6 May, 2008 to all eligible airlines operating in NSW, with a closing date of 23 May, 2008. No applications were received. 2426 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(2) CountryLink operate 20 weekly coach services to Cooma that connect with the Canberra Xplorer to and from Sydney. Based on current patronage levels of the current transport arrangements to Cooma there are no plans to reopen the rail line that previously served Cooma.

*1933 PLANNING—TRAM SHEDS AND NEWTOWN RAILWAY STATION UPGRADE—Ms Rhiannon asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Have plans for the tram sheds and associated land near Newtown railway station been finalised? (a) If so, when will they be publicly available? (b) If not, when will they be finalised and made publicly available? (2) Which developer has been nominated to develop this site? (3) If the developer has not been determined when will the developer be named? (4) Is the development of this land linked to the upgrade of Newtown railway station? (5) Has the $1.3 million allocated in the 2007 NSW budget for this station upgrade been spent on the first stages of this project? (a) If this money has been spent what was it used for? (b) If it has not been spent what are the plans for this $1.3 million? (6) When will the Easy Access upgrade for Newtown station be finalised? Answer— This question is unrelated to the planning portfolio. It should be directed to the Minister for Transport.

*1934 TRANSPORT—TRAM SHEDS AND NEWTOWN RAILWAY STATION UPGRADE—Ms Rhiannon asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance representing the Deputy Premier, Minister for Transport, Minister for Finance— (1) Have plans for the tram sheds and associated land near Newtown railway station been finalised? (a) If so, when will they be publicly available? (b) If not, when will they be finalised and made publicly available? (2) Which developer has been nominated to develop this site? (3) If the developer has not been determined when will the developer be named? (4) Is the development of this land linked to the upgrade of Newtown railway station? (5) Has the $1.3 million allocated in the 2007 NSW budget for this station upgrade been spent on the first stages of this project? (a) If this money has been spent what was it used for? (b) If it has not been spent what are the plans for this $1.3 million? (6) When will the Easy Access upgrade for Newtown station be finalised? Answer— I am advised: There are no current plans for the development of the tram sheds and associated land. RailCorp is moving forward with the planning for the upgrade of Newtown Station.

*1935 TRANSPORT—RAIL CLEARWAYS PROGRAM—Ms Rhiannon asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance representing the Deputy Premier, Minister for Transport, Minister for Finance— (1) Does the underspending on the Rail Clearways program by $72.5 million revealed in this year's budget indicate that this project is behind schedule? (a) If so, what specific aspects of the Clearways program are behind schedule? (b) If the program is not behind schedule, how will the $72.5 million now be spent? 2427 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(2) What projects in the Clearways program have been completed? (3) Two of the objectives of the program are to increase capacity to relieve crowding and to create additional peak hour services. (a) What additional capacity does CityRail now have? (b) What stations have reduced congestion? (4) Is the CityRail Clearways program within the allocated $1.8 billion? Answer— I am advised: There was no underspend on the Rail Clearways program in 2007⁄08. The actual expenditure in 2007⁄08 on the Clearways program is $287 million against a budget allocation of $284 million. While the earlier forecast indicated an underspend may occur, this did not eventuate. Information relating to individual projects under the Rail Clearways program can be found at www.tidc.nsw.gov.au

*1936 PRIMARY INDUSTRIES—GRAIN TRANSPORT TASKFORCE—Ms Rhiannon asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) Who are the members of the taskforce set up to examine grain transport issues in New South Wales? (2) What are the terms of reference for this taskforce? (3) Is the taskforce accepting public submissions to develop a more efficient grains transport system? (4) When will the taskforce report to the Minister? (5) Will the report of the taskforce be released publicly? (a) If so, when? (b) If not, why not?

Answer— The NSW Grain Taskforce is an Australian Government initiative through the Department of Infrastructure, Transport, Regional Development and Local Government. Further questions in respect of the Taskforce should be addressed to the Minister for Transport.

*1937 MINERAL RESOURCES—COAL-TO-LIQUID PROCESS—Ms Rhiannon asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) Are there any plans to develop the coal-to-liquid (CTL) process in New South Wales? (2) Have you had discussions with any companies or individuals interested in the CTL process? (3) Is any Government money allocated for research and development in the coal industry associated with work on CTL? (4) Did you meet with any companies or institutions engaged in CTL work when you visited China and India? Answer— (1) I am advised that a number of companies have expressed interest in exploring for suitable coal resources. (2) to (4) No.

*1938 PLANNING—MANGOOLA AND BENGALLA MINES—Ms Rhiannon asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Do the conditions of consent for Mangoola and Bengalla mines require that all external road upgrades are to be completed prior to any development of the mine site? 2428 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(2) Who is responsible for ensuring that roads, that are required to be constructed as per the Bengalla Mines mining consent conditions are built? (3) Why has the Bengalla link road not been built? (4) Why are the consent conditions for Bengalla Mine and Mangoola (Anvil Hill) regarding the Bengalla Link Road not being enforced? (5) Does the Department of Planning intend to enforce the consent conditions? (6) Why were the existing consent conditions, that all external road upgrades had to be completed prior to any development of the site, made? (7) On what grounds have the existing consent conditions for Bengalla and Mangoola mines been modified? (8) When will XStrata fulfil its commitment under the current consent conditions to complete its part of the Bengalla Link Road? (9) Considering the modification to use the roads via Denman to Sandy Hollow onto Wybong Road, as the Heavy Vehicle access to the site has been called temporary, what is the period of time that this modification will operate? (10) What are the full details of the Xstrata modification application? (11) What action is the Minister going to take to sanction Xstrata for their failure to abide by the conditions of consent given that there has been minimal consultation? (12) Why was the modification application not posted on the Department of Planning website until six weeks after receipt (14⁄04⁄08) of the application? (13) Why did it take a request on the 30 May by community member Christine Phelps to get the Department of Planning to put the information up regarding the modification application? (14) What is your response in relation to the additional level of noise impacts that were not considered in the original Environmental Assessment from the heavy vehicle use of the route via Denman to Sandy Hollow onto Wybong Road? (15) What measures will be taken to ensure the route for heavy vehicle traffic via Denman to Sandy Hollow onto Wybong Road will not become a regular route? (16) What measures will be taken to ensure that the route for heavy vehicle traffic via Denman to Sandy Hollow onto Wybong Road will not lead to an increase in traffic hazards particularly through Denman and Sandy Hollow in the School Zones and on the Southern end of Wybong Road, especially given this stretch of road is in poor condition, has floodways, is narrow and winding, has blind corners and concealed driveways and is also a school bus route used by a number of buses, with frequent stopping to pick up and drop off school children? Answer— I am advised by the Department of Planning: (1) Mangoola Yes, Bengalla - No. (2) The Department of Planning. (3) The section of the Bengalla link road between Denman Road and the Bengalla mine has been built. The extension of this road to Wybong Road has been delayed, principally because it has taken some time to finalise the alignment of this section of the road. (4) They are being enforced. (5) N⁄A. (6) This condition was included in the Mangoola approval because the environmental assessment of the mine was based on using the completed Bengalla link road and upgraded Wybong Road to access the mine. (7) The Bengalla approval has been modified twice, first in November 2006 and then in December 2007. Both of these modifications were for operational changes at the mine, and had nothing to do with any external road works. The Mangoola approval has not been modified yet. (8) This question should be directed to Xstrata. 2429 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(9) Xstrata proposes to use the temporary heavy vehicle access route for about 8 months. (10) The full details of the proposed modification are available on the Department of Planning's website. However, the proposed modification involves excavating a borrow pit at the mine to provide suitable material for the proposed upgrade of Wybong Road. It also involves some minor site establishment works, such as the construction of the mine access road and a pad for the coal handling and preparation plant. (11) Xstrata has not breached any conditions of the Mangoola approval. Consequently, no sanctions are required. (12) I understand this was due to an administrative oversight. (13) Ms Phelps alerted the Department of Planning to the oversight, and a copy of the application was promptly placed on the Department's website. It has been publicly available on this website for about a month now, and interested parties have had more than enough time to make submissions on the proposed modifications. (14) The potential noise impacts of the proposed modification are currently being carefully assessed. (15) The current application is only seeking to use the alternate access route for a temporary period of about 8 months. Any proposal to extend this would require another application. (16) The potential traffic and safety impacts of the proposed modification are currently being carefully assessed.

*1939 MINERAL RESOURCES—BARRINGTON TOPS STATE CONSERVATION AREA—Ms Rhiannon asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) Is the review into the Barrington Tops State Conservation Area complete? (a) If so, (i) when will the report on the review be completed? (ii) when will it be publicly released? (b) If the review has not been completed, (i) when will it be finalised? (ii) when will the report of the review be publicly released?

Answer— The review into the Barrington Tops State Conservation Area is primarily the responsibility of the Minister for Climate Change and the Environment.

*1940 TRANSPORT—GRAIN TRANSPORT TASKFORCE—Ms Rhiannon asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance representing the Deputy Premier, Minister for Transport, Minister for Finance— (1) Who are the members of the taskforce set up to examine grain transport issues in New South Wales? (2) What are the terms of reference for this taskforce? (3) Is the taskforce accepting public submissions to develop a more efficient grains transport system? (4) When will the taskforce report to the Minister? (5) Will the report of the taskforce be released publicly? (a) If so, when? (b) If not, why not?

Answer— I am advised: The NSW Government will work together with the Federal Government on its Grain Rail Taskforce, to develop viable long term solutions for grain transport in NSW, once the Taskforce is established. 2430 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*1941 PRIMARY INDUSTRIES—GAME COUNCIL OF NSW—Ms Rhiannon asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) What measures are you taking to ensure that the Game Council of NSW is able to continue as a going financial concern, considering this uncertainty was raised as an issue by the NSW Auditor General in his report to NSW Parliament in 2008? (2) Have you required a report from the Game Council of NSW setting out what positive measures are being taken to resolve the Council's ongoing financial viability? (3) Will you continue to recommend the Treasurer provide funding to the Game Council of NSW post 30 April 2008, despite the fact that the Government has publicly stated that it intends the council to become self-sufficient? (4) Has the NSW Game Council paid back the $3million loaned by Tcorp in 2004⁄2005 and 2005⁄2006? (5) What are the interest rates and terms accompanying the loan from Tcorp to the NSW Game Council? Answer— (1) Game Council NSW recently adopted a detailed Business Plan, from 2008⁄2009 to 2011⁄2012. This Business Plan is the basis for continued funding. (2) The Business Plan referred to in Answer 1 addresses on-going financial viability. (3) Yes. (4) Yes. (5) The interest charged for these loans was at a floating rate. The terms were at standard T-Corp terms.

*1942 PRIMARY INDUSTRIES—NSW GAME COUNCIL—COMPLAINTS—Ms Rhiannon asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) Was the complaint about the actions of shooters in the Hampton State Forest, that you detailed in response to the Question on Notice #1295 asked in the Legislative Council on 5 December 2007, the only complaint that the Game Council received in 2006⁄2007? (2) How does the Game Council define a complaint received from a member of the public? (3) How does the Game Council collect data from the public who provide the Game Council with information about the activities of shooters? (4) Are complaints from members of the public about shooters activities in State Forests and on private land maintained in a database? (5) What is the Game Council's Complaints Handling Policy? (a) Is it publicly available? (i) If not, why not?

Answer— (1) Yes. (2) A complaint is any specific issue to do with the conduct of Game Council-licensed hunters. (3) In person, in writing, by phone and by email⁄internet. (4) Yes. (5) The Council has implemented a Complaints Handling Policy in line with the NSW Ombudsman's 'Complaints Handlers Tool Kit'. (a) Yes. (i) Not applicable.

*1943 ROADS—ROAD FREIGHT TRANSPORT—Ms Rhiannon asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance— (1) What subsidies currently apply for road freight transport? 2431 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(2) What actions will the Government take to ensure that large freight vehicles using New South Wales roads pay the full cost of their road freight use? Answer— I am advised: NSW offers concessions to farmers and pensioners, in relation to heavy vehicle registration, like most other jurisdictions. In addition, the Commonwealth Government provides a diesel fuel rebate scheme for heavy vehicles. The charges applied to heavy vehicles are developed under a national framework. In February 2007, the Council of Australian Governments set out a plan for the reform of heavy vehicles charges which will further review the costs of heavy vehicles on the road network and the charging arrangements required to recover those costs.

*1944 TREASURER—LONG-RUN RATE OF RETURN FOR A BALANCED FUND—Dr Kaye asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter— (1) What is the Secretary's current determination of the long-run rate of return for a balanced fund? Answer— I'm advised That the determination of the rate of return has not yet been made by the Secretary of Treasury.

*1945 ENERGY—POWER STATIONS—WORKFORCE—Dr Kaye asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) What was the total permanent day labour workforce expressed as full time equivalent employees, excluding all casual and contract labour, employed at each of the following power stations during the last year for which data is available (please identify the year or years from which this data is taken): (a) Liddell? (b) Bayswater? (c) Mt Piper? (d) Wallerawang? (e) Erraring? (f) Munmorah? (g) Vales Point

Answer— Information on workforce numbers is contained in company annual reports and on their websites.

*1946 ENERGY—POWER STATIONS—NET WATER CONSUMPTION—Dr Kaye asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) For each of the following power stations, what was the daily average net water consumption (i.e. total amount of fresh water taken into the station less the amount of water returned from the station, where the station includes the cooling towers) over the last year for which data is available (please identify the year or years from which this data is taken): (a) Liddell? (b) Bayswater? (c) Mt Piper? (d) Wallerawang?

Answer— Information on water usage is contained in company annual reports and on their websites. 2432 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*1947 ENERGY—POWER STATIONS—GROSS WATER CONSUMPTION—Dr Kaye asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) For each of the following power stations, what was the daily average gross water consumption (i.e. total amount of fresh water taken into the station, including the cooling towers) over the last year for which data is available (please identify the year or years from which this data is taken): (a) Liddell? (b) Bayswater? (c) Mt Piper? (d) Wallerawang?

Answer— Information on water usage is contained in company annual reports and on their websites.

*1948 EDUCATION—NEW SOUTH WALES SCIENCE SYLLABUSES—Dr Kaye asked the Attorney General, Minister for Justice, and Acting Minister for Education— (1) Is the teaching of so-called young earth creationism as a viable theory on an equal basis as evolution acceptable under the New South Wales science syllabuses? (2) Is the teaching of so-called old earth creationism as a viable theory on an equal basis as evolution acceptable under the New South Wales science syllabuses? (3) Is the teaching of so-called intelligent design as a viable theory on an equal basis as evolution acceptable under the New South Wales science syllabuses? (4) What steps has the Minister taken to ensure that science teaching within non-government schools takes place within the prescribed syllabus in respect of theories of the origin of life? Answer— I am advised: (1) It is not acceptable. So-called young earth creationism is not in any NSW Board of Studies science syllabus. It is not scientific and not evidence based. (2) It is not acceptable. So-called old earth creationism is not in any NSW Board of Studies syllabus because it is not scientific and not evidence based. (3) It is not acceptable. So-called intelligent design is not in any NSW Board of Studies syllabus because it is not scientific and not evidence based. (4) In NSW, all schools must teach the mandatory Board of Studies science syllabuses in K-10. Schools must use Board Developed syllabuses to deliver science courses in Years 11 and 12. The inspection processes of the NSW Board of Studies and approved Registration Systems involves reviewing teaching programs and samples of student work related to all courses of study offered by a school. Through these materials schools must provide evidence that the educational program is based on and taught in accordance with the outcomes of NSW Board of Studies syllabuses. This process provides the assurance that Science courses include relevant syllabus outcomes and content relating to theories of the evolution of life.

*1949 EDUCATION—CREATIONISM AND INTELLIGENT DESIGN—Dr Kaye asked the Attorney General, Minister for Justice, and Acting Minister for Education— (1) Are a number of so-called "faith based" schools are teaching creationism and intelligent design on an equal or superior footing to evolution within science classes? (2) Does the Government support the Australian Academy of Sciences Statement on Creationism and Intelligent Design? (a) If so, what steps will the Minister take to uphold the Statement?

Answer— I am advised As creationism and intelligent design are not part of any NSW Board of Studies science syllabus, if they are taught this must be in addition to the science courses and should not be set as part of 2433 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

the school-based tasks for science that contribute to the School Certificate or Higher School Certificate assessment program. They would not be considered relevant in any responses for School Certificate or Higher School Certificate science examinations. The Australian Academy of Science Statement is consistent with the NSW Government position on the teaching of creationism and⁄or intelligent design in all NSW schools.

*1950 ENERGY—POWER STATIONS—TOTAL WORKFORCE—Dr Kaye asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) What was the total workforce expressed as full time equivalent employees, including casual and contract labour, employed at each of the following power stations during the the last year for which data is available (please identify the year or years from which this data is taken): (a) Liddell? (b) Bayswater? (c) Mt Piper? (d) Wallerawang? (e) Erraring? (f) Munmorah? (g) Vales Point?

Answer— Information on workforce numbers is contained in company annual reports and on their websites.

*1951 COMMERCE—SALARY SACRIFICING—Dr Kaye asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance— (1) Which government departments and other agencies does McMillan Shakespeare deliver staff salary sacrificing services to? (2) Are the salary sacrificing options delivered by McMillan Shakespeare limited to novated leases? (a) If so, why are the salary sacrifice options available to employees in these departments and agencies substantially restricted compared to those that are deemed to be valid by the Australian Tax Office (ATO)? (b) If not, what range of salary sacrificing options are offered to these employees and is this the full range deemed valid by the ATO? (3) Are there other companies delivering salary sacrificing services for New South Wales departments and agencies? (a) If so, please list those companies, the departments and agencies to which they deliver these services and the range of options offered by those companies? (4) Are the companies delivering salary sacrificing services to New South Wales departments and agencies chosen at the agency level or by the Department of Commerce? (5) What safeguards are in place to ensure the probity of the selection of and management of contracts with companies delivering salary sacrificing services to New South Wales government department and agencies? (6) What steps have been taken to ensure that agencies and department personnel involved in the selection of, or management of contracts with salary sacrificing service providers do not have a personal financial relationship with these companies? (7) What role does the breadth of salary sacrificing options offered by potential providers play in the selection of contracts? Answer— I am advised: As a panellist on a NSW State Contracts Control Board contract, McMillan Shakespeare is able to provide salary sacrificing services to any eligible New South Wales government department or agency. 2434 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

The Department of Commerce does not hold information about which government customers use McMillan Shakespeare's services. The salary sacrificing options delivered by McMillan Shakespeare are not limited to novated leases. Other benefit options provided by the company are detailed at www.contractservices.nswp.commerce.nsw.gov.au. SmartSalary Pty Limited and nlc Pty Ltd are also on the contract panel. All three companies are on contract to provide the same services. New South Wales departments and agencies choose the company or companies they wish to deliver salary sacrificing services from the panel of 3 companies. The companies are appointed to the contract as a result of public tender invitation. During the tender evaluation process a range of factors were taken into consideration by the Tender Evaluation Team including the breadth of salary sacrificing options. Members of the Tender Evaluation Team are required to sign a Code of Conduct in accordance with Clause 5 of the Public Sector Management (Good and Services) Regulation 2000, which includes an assertion that they have no conflicts of interest in being part of the evaluation team. The Public Sector Management (Goods and Services) Regulation 2000 outlines requirements with regard to codes of conduct, preventing individuals from having decision making responsibilities, should a potential conflict of interest be apparent. Responsibility for management of contracts resides with the individual government agencies. The Department of Commerce is not responsible for the salary sacrificing options of the Australian Tax Office.

18 JUNE 2008 (Paper No. 58)

*1952 HEALTH—MENTAL HEALTH TELEPHONE SERVICE—Miss Gardiner asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Health— (1) With respect to the state-wide roll out of an 1800 Mental Health telephone service to commence in November 2008: (a) What is the service's starting date for each Area Health Service (please list by Area Health Service)? (b) Is there an estimate of the (i) budget? (ii) staffing (EFT) to be allocated to each Area Health Service so as to provide such a service? (i) If so, list the budget estimate and⁄or staffing allocation (EFT) by Area Health Service. (c) If the service is to be centralised, (i) where will it be based? (ii) what is its estimated cost for 2008-2009? (iii) how many staff (EFT) positions are to be filled?

Answer— I have been advised by the Minister for Health: Tenders for the statewide roll out of an 1800 Mental health telephone service are currently receiving consideration.

*1953 EDUCATION—TAFE FEE INCREASES—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education— (1) What is your response to the NSW Teachers Federation concern over the Government's significant increase in TAFE fees, based on their commissioned research "Comparative Analysis of TAFE Fees", showing TAFE NSW fees for students studying 200 hours per year are often two, three and even four times higher than interstate TAFE? (2) Will you examine the NSW Teachers Federation's requests for proportional fees for students studying part time and placing a cap on future TAFE fee increases according to CPI increases? 2435 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(a) If not, why not?

Answer— TAFE NSW continues to provide generous fee exemptions a point that the NSW Teachers Federation acknowledges and introduced concessions in 2008. Year to date, enrolments at TAFE NSW are higher than they were in 2007. This suggests that studying at TAFE NSW remains a cost-effective option for people to improve their skills and gain employment. Ensuring TAFE training remains affordable and accessible continues to be a key priority for the Iemma Government. TAFE NSW regularly reviews fees and will consider this report as part of the review for 2009.

*1954 EDUCATION—NSW PUBLIC SCHOOL AND TAFE MAINTENANCE WORKS—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education— (1) How is the Government addressing the needs of New South Wales public schools and the TAFE system when there is such a serious backlog in maintenance works? (2) What is your response to the reported statement that "one in three schools" across New South Wales have serious maintenance problems and 34% of teachers classify the situation as "very serious"? (3) How long will it take you to clear the current $82.6 million backlog in maintenance work, when it has been reported that your department will only be allocated $267 million in this year's budget to address this issue, which is only an $11 million increase on last year's budget, representing 4.5% which merely covers yearly inflation? Answer— Maintenance in schools across the State is an ongoing activity, constantly delivered throughout the year through a comprehensive suite of initiatives designed to best meet a range of circumstances. • Preventative Maintenance is regular work performed by a contractor to keep specific building elements and equipment in good repair. • Programmed Maintenance is work based on items that are picked up in the bi-annual condition assessments of each school. Annual maintenance plans are developed by schools in conjunction with their local Asset Management Unit. • Essential Urgent Repairs are maintenance works undertaken immediately by the contractor if required by the school, with the school contributing up to its specific contribution limit. • The Extra Maintenance Program is a four year statewide program aimed at injecting additional funding into priority areas. The Department of Education and Training continues to work with school Principals and school communities to identify priority projects to deliver safe, well-maintained learning environments for the students of NSW. The 2008⁄09 school maintenance budget includes the third instalment of the four year $120 million funding enhancement to accelerate the program of works originally identified in 2006. This $31.6 million instalment will see over 1,000 extra maintenance projects undertaken in schools across NSW. At the same time the NSW Government has allocated record funding for capital works in 2008⁄09 to provide new and upgraded education and training facilities. Over $647 million has been provided to improve school infrastructure including the upgrading of built facilities.

*1955 EDUCATION—NATIONAL BASIC SKILLS TESTING—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education— (1) Are you cooperating fully with the Federal Government's national basic skills testing for New South Wales year 3, 5, 7 and 9 students? (a) If so how? (b) If not, why not? (2) Will you be providing results of this national testing to your Federal counterpart to better access student's numeracy, literacy, reading, writing, punctuation and grammar skills? (a) If not, why not? (3) Have you been critical of such national basic skills testing branding it as "too simplistic" to use as a basis for targeted funding? (a) If so, why? 2436 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(4) Why are you opposed to the Federal Education Minister, Julia Gillard using this testing to determine funding for those schools with students in greater need due to their language difficulties or other learning impediments? Answer— The NSW Government is cooperating with the Federal Government's National Assessment Program, including the new national tests of literacy and numeracy in Years 3, 5, 7 and 9. The NSW Department of Education and Training has contributed considerable expertise and resources to the development and conduct of the national tests. All States and Territories have agreed that the results of the tests will be provided to permit national reporting of achievement. Many factors explain the performance of students on assessments. A single point-in-time test is one useful snapshot of performance, but it is too narrow for use as the sole basis for determining targeted funding. The NSW Government supports efforts by the Federal Minister to increase general recurrent funding to enable schools to develop students' capacities, talents, skills and knowledge.

*1956 EDUCATION—SPEED CAMERAS AT SCHOOLS—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education— (1) What is your response to calls for more fixed speed cameras at schools, given that installations at the State's worst five school speeding sites reported on average a 55% decrease for the September 2007 quarter? (2) Did 95% of school zone speeding fines in the last half of 2007 come from fixed cameras installed at less than 1% of New South Wales schools? (3) Do 99% of schools have to rely on mobile cameras operated by police? (4) Do these mobile cameras account for only 5% of school speeding fines? (5) Given this discrepancy in school speeding behaviour, when will you fund a rollout of fixed speeding cameras at all our State schools, so that our children and their families can feel reassured you care for their safety? (a) If so, when?

Answer— Matters relating to fixed speed cameras are best referred to the appropriate Minsiter.

*1957 EDUCATION—EDUCATIONAL QUALIFICATIONS FOR TAFE TEACHERS—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education— (1) What is your response to claims by the NSW Teachers Federation and the TAFE Teachers Association that the Government's decision to cease university level teacher educational qualifications for TAFE teachers in New South Wales has undermined their profession? (2) Will high standards of TAFE training be maintained when NSW Teachers Federation research shows that overseas countries with vocational education training systems require their teachers to have far higher qualifications than those now required in New South Wales? Answer— Qualifications for permanent teachers have been brought into line with the longstanding requirements which already apply to our excellent part time casual and temporary teachers. The minimum standard established is the Certificate IV in Training and Assessment or equivalent, which meets the national standards for Registered Training Organisations in the Australian Quality Training Framework. Consistent with the provisions of the award, our TAFE teachers must have appropriate technical or professional qualifications as well as from two to five years' vocational and⁄or industry experience. TAFE NSW is committed to ensuring that it continues to be the country's leading provider of high quality vocational education and training to NSW students. New permanent teachers are being helped to undertake a teacher training degree or post-graduate program at a university if they wish, with TAFE NSW refunding 100 per cent of the Higher Education Contribution Scheme charges each semester on successful completion. 2437 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*1958 FAIR TRADING—FINANCIAL ACCOUNTING SERVICES—Ms Cusack asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Fair Trading, Minister for Youth, Minister for Volunteering— (1) In the Minister's media release of 17 June 2008 announcing details of $1 million per annum extra for Financial Counselling services, the attachment lists $921,138.89 of grants to community organisations. How is the balance of $78,861.11 to be spent? (2) Who advises the Minister on allocation of funds for Financial Counselling Services, and what evidence is used to inform these allocations? (3) Is the additional $1 million per annum for financial counselling services going to receive full indexation and how is that indexation to be calculated? Answer— The Office of Fair Trading advises me that: (1) Of the $1 million in funding available, $970,864 has now been allocated, leaving a balance of $29,135. This balance will contribute towards the Office of Fair Trading's commitments for an indexed increase to funded services as stipulated by NSW Treasury. The indexation of 3.3% includes Social and Community Service Award and Consumer Price Index increases. (2) Applications for funding under the Financial Counselling Services Program were assessed by a Grants Assessment Committee. The Committee consists of Trustees of the Financial Counselling Trust. The Trustees are appointed to the Trust based on their expertise in the financial counselling sector, in accordance with the Financial Counselling Trust Fund - Deed of Appointment. They are therefore eminently qualified to make recommendations regarding funding for financial counselling services. All applications are reviewed and assessed and a determination is made based on the financial budget for the Program, as well as the aims and objectives, selection criteria, and the advertised priorities in regard to the targeted regions of NSW. Recommendations are then submitted to the Commissioner, then Minister for Fair Trading for approval. (3) The Office of Fair Trading is committed to an indexed increase of 3.3% in funding for community based funding programs as determined by NSW Treasury.

*1959 FAIR TRADING—TRAVEL FUNDING—Ms Cusack asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Fair Trading, Minister for Youth, Minister for Volunteering— (1) In relation to your recent travel to the South of France and New Zealand: (a) What was the cost of your travel? (i) How was this funded? (b) What was the cost of your Chief of Staff's travel? (i) How was this funded? (c) What was the itinerary for travel including dates and times of travel? (d) What official engagements were undertaken, including the event, date, time, place and other details where appropriate? (e) What were the outcomes for each of these engagements?

Answer— (1) (a) to (e). As the Minister for the Arts Frank Sartor was unable to attend, Minister Burney represented NSW at the recent Cannes Film Festival to announce the $60,000 Sydney Film Festival International Jury Prize. For the film industry the Cannes Film Festival is the most important festival and market on the calendar. The Iemma Government has made a concerted effort to promote film- making as a critically important industry that creates jobs, contributes to the economy and promotes NSW to an international audience. It was vital for the Government to be represented at the festival to create an international profile for the Jury Prize, demonstrate support for the local industry and attract film production to NSW. The announcement in Cannes generated international media coverage and enhanced the profile of the Sydney Film Festival and International Jury Prize. The trip also included travel to Auckland for a meeting with other Australasian fair trading ministers. This Ministerial Council on Consumer Affairs meeting resulted in important decisions including the 2438 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

establishment of a new national product safety regime and development of a national generic consumer law. The trip cost $35,471.37 for Minister Burney and her chief-of-staff. These costs were shared between the Sydney Film Festival and the Minister's office.

*1960 FAIR TRADING—CONSUMER TRADER TENANCY TRIBUNAL—Ms Cusack asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Fair Trading, Minister for Youth, Minister for Volunteering— (1) What funding is available to fund the costs of parties engaged in Supreme Court action appealing against decisions or proceedings in the Consumer Trader Tenancy Tribunal? (2) Where is this funding located? (3) What is the procedure for authorising payments from these funds? (4) What guidelines are in place for administering funding for legal disputes? (5) What was the cost of funding for legal costs of third parties in the following years: (a) 2002⁄2003? (b) 2003⁄2004? (c) 2004⁄2005? (d) 2005⁄2006? (e) 2006⁄2007? (f) 2007⁄2008 (estimated)? (6) How many third party cases were funded in the following years: (a) 2002⁄2003? (b) 2003⁄2004? (c) 2004⁄2005? (d) 2005⁄2006? (e) 2006⁄2007? (f) 2007⁄2008 (estimated)?

Answer— (1) The NSW Office of Fair Trading provides legal assistance to consumers in certain circumstances to promote the public interest and to assist consumers in the exercise of their rights. Sections 12 and 13 of the Fair Trading Act 1987 set out the preconditions for the granting of legal assistance. A grant of legal assistance under the Fair Trading Act is not a payment of money to the applicant. If legal assistance is granted, the Commissioner assumes primary control of the matter including the choice of solicitors and the right to settle any claim. (2) A grant of legal assistance under the Fair Trading Act is not a payment of money to the applicant. If legal assistance is granted, the Commissioner assumes primary control of the matter including the choice of solicitors and the right to settle any claim. Legal assistance extends to the cost of legal representation and any court fees or costs incurred after the approval has been granted. (3) Sections 12 and 13 of the Fair Trading Act 1987 set out the preconditions for the granting of legal assistance. This includes the requirement for applicants to complete an application form and provide certain particulars about their financial circumstances and the legal matter. (4) Fair Trading has developed guidelines for the assessment of legal assistance applications based on the relevant provisions of the Fair Trading Act 1987. (5) The cost of providing legal assistance for all matters, not just appeals against decisions in the Consumer Trader Tenancy, was as follows: (a) 2002⁄2003 - $21,898.50 (b) 2003⁄2004 - $9,524.12 (c) 2004⁄2005 - $6,510 (d) 2005⁄2006 - $4,811.82 (e) 2006⁄2007 - $20,239.33 (f) 2007⁄2008 - $3,983.93 These costs do not include the salary and⁄or costs of legal officers employed by the Office of 2439 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Fair Trading to whom legal assistance matters were assigned. (6) How many third party cases were funded in the following years: (a) 2002⁄2003 - 6 (b) 2003⁄2004 - 3 (c) 2004⁄2005 - 3 (d) 2005⁄2006 - 1 (e) 2006⁄2007 - 5 (f) 2007⁄2008 - 2

*1961 FAIR TRADING—COMPLAINTS AND CONSUMER TRADER AND TENANCY TRIBUNAL—Ms Cusack asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Fair Trading, Minister for Youth, Minister for Volunteering— (1) How many complaints have been received against Full Brick Homes Pty Ltd and FBH Pty Ltd since 2000? (a) Of these, how many cases proceeded to the Consumer Tenancy Trader Tribunal? (2) How many complaints have been received from consumers concerning Blue Haven Swimming pools? (a) Have these complaints been investigated by the Office of Fair Trading? (b) How many have proceeded to the Consumer Trader and Tenancy Tribunal? (i) What were the outcomes? (c) Have disciplinary proceedings ever been initiated against Blue Haven Swimming Pools or its Directors? (i) If so, what was the outcome? (d) Has the Office of Fair Trading undertaken a full investigation into Blue Haven contracts and their fairness to consumers? (i) If so, when? (ii) If not, why not?

Answer— (1) Four complaints have been received against Full Brick Homes Pty Ltd and none recorded against FBH Pty Ltd between January 2000 and June 2008. (1)(a) Since the year 2000 the Consumer, Trader and Tenancy Tribunal has received 8 applications from consumers naming Full Brick Homes as the respondent. Year of lodgement Number of applications 2007 2 2005 1 2004 1 2003 2 (2) 567 complaints were received in relation to Blue Haven Pools and Spas in the period from 1 January 2000 to 1 July 2008. 394 or 69% of those complaints have been satisfactorily resolved over the telephone, clarified or withdrawn by the consumer; 92 (16%) were advised they could lodge an application with the Consumer, Trader and Tenancy Tribunal. 60 (11%) of these matters were referred to the Home Building Service for mediation by Building Inspectors; and 21 (4%) of these complaints relate to the consumer requesting information pamphlets in relation to their dealings with Blue Haven. (2)(a) All matters have been handled by the Office of Fair Trading's Customer Services Division and⁄or the Home Building Service. (2)(b) and (2)(b)(i) Outcome (2008) Number Currently before the Tribunal 4 Withdrawn 1 Outcome (2007) Number 2440 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Dismissed 7 Money payable to Blue Haven 2 Withdrawn 4 Money payable to consumer 3 Rectification order⁄ Defective Work 2 Adjourned still before Tribunal 1 Re-hearing application 1 Outcome (2006) Number Dismissed 2 Withdrawn 4 Money payable to consumer 15 Rectification order ⁄ Defective Work 4 Re-hearing 1 Non-compliance with previous rectification order 1 Outcome (2005) Number Dismissed 1 Money payable to Blue Haven 1 Withdrawn 4 Rectification order ⁄ Defective work 1 Unable to retrieve data 10 Outcome (2004) Number Dismissed 2 Withdrawn 5 Money payable to consumer 2 Rectification order ⁄ Defective work 2 Unable to retrieve data 3 Outcome (2003) Number Dismissed 1 Withdrawn 6 Unable to retrieve data 10 Outcome (2002) Number Dismissed 5 Withdrawn 5 Re-hearing applications 2 Unable to retrieve data 16 In 2001 the Tribunal received 17 applications lodged by consumers against Blue Haven Pools. Of these, 1 application was withdrawn and the Tribunal is unable to retrieve data for the remaining 16 applications. In 2000 the Tribunal received 6 applications lodged by consumers against Blue Haven Pools. The Tribunal is unable to retrieve the data on the orders made for any of the matters lodged in 2000. (2)(c) Yes. (2)(c)(i) In 2005 the company was prosecuted for breaches of the deposit and home warranty provisions [sections 8 and 92(2)] of the Home Building Act 1989. On each of these matters, the Parramatta Local Court found the offence proven but did not record a conviction under section 10 of the Crimes (Sentencing Procedures) Act. (2)(d) The Office of Fair Trading has investigated Blue Haven's use of "pre-service agreements" during the sale of a swimming pool contract. The use of such agreements has become common in the industry and can encompass the purchase of home warranty insurance, the development of plans and specifications for a pool and the submission of development applications to local authorities. This activity is not in breach of the Home Building Act 1989. (2)(d)(i) 2006. (2)(d)(ii) Not applicable. 2441 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*1962 FAIR TRADING—SHORTGAGE OF PREMIUM FUEL AND INCREASING PETROL PRICES—Ms Cusack asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Fair Trading, Minister for Youth, Minister for Volunteering— (1) In relation to the campaign concerning raids and⁄or inspections of petrol stations during and post Easter period: (a) How many Office of Fair Trading Staff were involved in the Campaign? (b) What was the cost of the campaign? (c) How many petrol stations were visited? (d) How many fuel storage tanks were inspected? (e) How many petrol stations were found to be concealing petrol? (f) What prosecutions or infringement notices resulted from the raids? (g) Were there any positive outcomes from this campaign? (2) What is being done in relation to increasing petrol prices? (3) Are you satisfied the shortage of premium fuel that you described as a "mystery" (Media Release: "Uncovering the Premium Petrol Mystery" 5⁄3⁄08) no longer exists? (a) If so, (i) why do you believe the shortage has ended? (ii) what do you believe was the solution to the mystery?

Answer— The Office of Fair Trading advises me that: (1) (a) 17 Fair Trading Inspectors conducted a survey of fuel prices and availability. (b) Approximately $11,000. (c) Approximately 440 petrol stations were visited. (d) Approximately 1200 pumps were inspected. (e) 40 retail fuel suppliers that claimed premium fuel was unavailable to the public were re- inspected, documentation sighted and underground tank dipstick tests conducted. (f) No prosecutions resulted from the survey and no infringement notices were issued. (g) The Office of Fair Trading regularly conducts compliance programs as well as covert proactive inspections at retail petrol service stations throughout NSW. Inspectors regularly test and certify all petrol pumps in NSW to ensure the correct measure of fuel is dispensed and consumers get what they pay for. Over the Easter Holiday weekend, statewide inspections were conducted in relation to the availability of premium unleaded fuel. This inspection program was a response to community allegations that fuel was being deliberately withheld to maximise profits. Fair Trading's investigation was a way of testing the veracity of these claims. This served as a reminder that the Iemma Government monitors petrol stations to promote consumer protection against unscrupulous traders and was a deterrent to unfair conduct. In this case, the inspections helped to dispel claims that fuel was deliberately being withheld. This helped educate consumers and was also positive for the industry in that no evidence was found to support the allegations regarding consumer detriment. (2) The price of petrol is not regulated in Australia and is determined by market forces. NSW mandates the display of the price of unleaded petrol on price boards at service stations in order to promote transparency and to assist consumers shop around for the best price on unleaded petrol. Commonwealth legislation primarily determines the structure of the petrol industry and the level of competition in that market. Formal price monitoring of petrol is undertaken by the Australian Competition and Consumer Commission. (3) As indicated above, Fair Trading's examination of the availability of premium unleaded petrol was a response to community allegations that fuel was being deliberately withheld to maximise profits. Fair Trading's inspections were a way of testing the veracity of these claims. In this case, the inspections helped to dispel claims that fuel was deliberately being withheld. This helped educate consumers and was also positive for industry in that no evidence was found to support the allegations regarding consumer detriment. In addition, information gathered by NSW was passed on to the Commonwealth 2442 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Petrol Commissioner for examination as to whether any Commonwealth legislation was breached. This is appropriate given the role of Commonwealth legislation in monitoring the petrol industry and in prohibiting the misuse of market power. The Opposition's calls for a New South Wales FuelWatch scheme which monitors petrol prices, not availability are financially irresponsible considering the Petrol Commissioner's announcement of his support for a national scheme. The Opposition's calls seem to be at odds with their colleagues in the Commonwealth, who are against the establishment of a national FuelWatch scheme.

*1963 FAIR TRADING—MORTGAGE BROKER LEGISLATION—Ms Cusack asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Fair Trading, Minister for Youth, Minister for Volunteering— In relation to the pledge by the NSW Government in 2002 to draft laws to regulate Mortgage Brokers and the continuing failure of the Government to deliver these laws and your refusal last year to agree to calls to hand over these powers to the Commonwealth: (1) Do you still stand by your statements to ABC Radio on 7 June 2008 in which you confirmed that New South Wales will be introducing legislation for mortgage brokers, saying: "We're talking about, I would say, around September, October, November, but I can assure you that there's a sense of urgency, particularly with the economy and the pressures that are obviously being felt by families." (2) How do you reconcile the statement with the Joint Communiqué issued by the Council of Consumer Affairs Ministers regarding its 23 May 2008 Meeting which read: "COAG in March of this year decided in principle that the Australian Government will assume responsibility for the regulation of mortgages, mortgage advice and margin loans. It also requested that other consumer credit products that would best sit within the Australian Government's regulatory responsibility should be identified. MCCA has noted that Treasury will establish an implementation taskforce consisting of working level officials from the Australian Government and the States and Territories in order to discuss the way forward for progressing the in-principle decision by COAG in relation to mortgages and margin loans. This will also include identification of the appropriate regulatory arrangements for consumer credit products other than home loan mortgages and margin loans. MCCA will consider this matter further at its August meeting"? (3) Were you in attendance at the meeting (as suggested by the Communiqué)? (a) If so, were you the lead Minister on this issue? (4) Why are your public comments contrary to the decision made at the meeting? (5) Which of the two positions is being pursued by the Government? Answer— (1) My comments to ABC Radio on 7 June 2008 were in relation to amendments to the Uniform Consumer Credit Code regarding default notices, not mortgage brokers. (2) As the comments did not relate to mortgage broking legislation, no reconciliation is required. (3) Yes. (a) I was not the lead Minister for the agenda item on arrangements for progressing outcomes from the March COAG meeting. I was the lead Minister for the agenda item on regulation of finance brokers. (4) My public comments are consistent with the decision made at the meeting. (5) There is one position, being that expressed in the Ministerial Council on Consumer Affairs Communique of 23 May 2008.

*1964 PLANNING—SOLAR PANELS—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— What steps is the Government taking to ensure that people who have installed photovoltaic systems on their rooftops are not disadvantaged by overshadowing from nearby developments? Answer— 2443 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

This is a local planning issue to be determined by councils in accordance with existing provisions of the Environmental Planning and Assessment Act and the merits of any given proposal.

*1965 REDFERN WATERLOO—NORTH EVELEIGH CONCEPT PLAN—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) How many submissions has the Minister received about the North Eveleigh Concept Plan? (2) Will these submissions be made available? (a) If so, when? (b) If not, why not? (3) Will the Redfern-Waterloo Authority release their traffic consultants figures for the site? (a) If so, when? (b) If not, why not?

Answer— I am advised (1) 162 submissions have been received. (2) The Department does not make submissions for any projects available on the website. (a) A summary of submissions to an application is included in the final assessment documents, which are made available on the website following a decision being made. (b) This is the case for a number of reasons, including privacy issues and the difficulty in vetting all submissions that are potentially defamatory statements. (3) Traffic figures were released as part of the Environmental Assessment Report and associated documentation for the Concept Plan Application. They are contained in the Traffic and Transport Impact Assessment Appendix I. (a) The Department of Planning placed the Environmental Assessment Report including the Traffic and Transport Plan on public exhibition from 1 May 200 until 12 June 2008. The documents could be viewed on the RWA's website as well as by visiting the City of Sydney's Neighbourhood Service Centre in Redfern Street. The RWA held 9 information sessions during the exhibition. RWA's traffic consultants were present at the sessions to provide information to the public on traffic and transport matters. (b) Not applicable.

*1966 CLIMATE CHANGE AND THE ENVIRONMENT—REBATES FOR PHOTOVOLTAIC SYSTEMS—Ms Hale asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)— (1) Have you made any representations to the federal Minister for the Environment to restore rebates for all who wish to install photovoltaic systems on their houses? Answer— Yes.

*1967 PREMIER—WAGE SETTLEMENTS—Mr Pearce asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Premier, Minister for Citizenship— (1) Could you please list the 11 wage settlements you referred to in your answers to Questions Without Notice in the Legislative Assembly on the 3 and 4 June 2008? (2) Which employer agency and which union was representative in each of the 11 settlements? (3) What was the wages claim initially made by the union and what was the ultimate setllement for each of the 11 wage settlements? (4) How many employees were represented by the union in each of the 11 wage settelements? 2444 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(5) How many employees are covered in each of the 11 wage settlements? Answer— As at 3 June 2008, wage settlements with the following agencies or groups of employees had been approved and finalised under the Government's wages policy: Wollongong Sportsground Trust, Parramatta Stadium Trust, WSN Environmental Solutions (transport workers), Country Energy, Sydney Ports Corporation (non-pilots), STA Buses (drivers), DADHC nurses, Delta Electricity, T Corp, NSW Crime Commission, and Sydney Ports Corporation (pilots). A number of union organisations, including the Rail Tram and Bus Industry Union, the Australian Workers Union, the Transport Workers Union of Australia and the Australian Maritime Officers Association, were involved in the settlements. The Government's wages policy is to contain the net cost of wage agreements to 2.5 percent. Increases above this are to be funded by employee-related efficiency measures.

19 JUNE 2008 (Paper No. 59)

*1968 TREASURER—ELECTRICITY DISTRIBUTORS—Dr Kaye asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter— (1) For each of the electricity distributors, Country Energy, EnergyAustralia and Integral Energy Australia and for each of the last five financial years for which data is available, please provide the following: (a) Dividend payments to the state budget in respect of the retail business arm of the energy distributor corporation? (b) Tax equivalent payments to the state budget in respect of the retail business arm of the energy distributor corporation? (c) Dividend payments to the state budget in respect of the distribution business arm ("wires and poles") of the energy distributor corporation? (d) Tax equivalent payments to the state budget in respect of the retail business arm of the distribution business arm ("wires and poles")?

Answer— I'm advised: Dividends and tax equivalent payments are paid in respect of the legal entity as a whole and are not split between the retail business arm and the distribution business arm ("wires and poles"). The electricity businesses are run as integrated businesses. There are common costs which are incurred in the business as a whole and there are shared services and systems which are provided to both the retail business arm and the distribution business arm. In addition, to split dividends and tax equivalent payments between the retail business arm and the distribution business arm also would require an allocation of debt and tax calculations between the two business arms. If the retail business arm and the distribution business arm were standalone businesses they would have different dividend policies due to the different nature of their business. Nevertheless, based on notional allocations of costs, interest and tax expense, dividends and taxes from the retail business' are estimated to be less than ten per cent of the total dividends and taxes paid by the electricity businesses.

*1969 FAIR TRADING—MEMBERS OF THE CONSUMER, TRADER AND TENANCY AND TRIBUNAL—Ms Cusack asked the Attorney General, Minister for Justice, and Acting Minister for Education representing the Minister for Fair Trading, Minister for Youth, Minister for Volunteering— (1) In relation to the answer provided by you to the Question on Notice #266, asked in the Legislative Council on 17 October 2007, you indicated that the following matters would be available in the 2006⁄2007 Annual Report. (a) Could you please list the names and qualifications and status of all members of the Consumer, Trader and Tenancy Tribunal (CTTT)? (b) What payments and allowances are made to individual CTTT members? 2445 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(2) Why have the qualifications of members never been listed in Annual Reports, including the 2006⁄2007 Annual Report? (a) Will this information be provided? (i) If so, (i) when? (ii) how? (ii) If not, why not? (3) Are you aware that payments and allowances to individual members are not available in the Annual Report? (4) Could you please provide information relating to the rates of remuneration and allowances for all full and part time members of the Tribunal? (a) If not, why not? (5) Can you please indicate remuneration and allowances paid to each member of the Tribunal? (a) If not, why not?

Answer— (1) (a) The names of all Tribunal members are listed in the Consumer, Trader and Tenancy Tribunal Annual Report 2006⁄2007. This information is also available on the Tribunal's website at: www.cttt.nsw.gov.au. (b) Travel payments and allowances are paid to members in accordance with the NSW Department of Premier and Cabinet Personnel Handbook. (2) The Chairperson is required under the Consumer, Trader and Tenancy Tribunal Act 2001 to report to the Minister on the operations of the Tribunal. There is no requirement to report on member qualifications. (a) No. (i) N⁄A. (ii) N⁄A. (iii) See 2 above. (3) Yes. (4) Remuneration of all full-time Tribunal members is set by the Statutory and Other Offices Remuneration Tribunal (SOORT). Remuneration rates are publicly available on their website. Part time member remuneration is currently set by the Minister and a daily rate paid. While rates and allowances are set, actual pay depends on member availability and listing requirements. (a) N⁄A (5) Payroll details are kept by the Department of Commerce.

*1970 PRIMARY INDUSTRIES—FOREST INDUSTRY STRUCTURAL ADJUSTMENT PACKAGE—Mr Cohen asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— What funds remain in the Forest Industry Structural Adjustment Package? Answer— No funds remain in the Forest Industry Structural Adjustment Package. The Forest Industry Structural Adjustment Package ended on June 30 2007, which was the sun-set date set out in the Forestry Restructuring and Nature Conservation Act.

*1971 PRIMARY INDUSTRIES—TRAVELLING STOCK RESERVES—Mr Cohen asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) 2446 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(a) Will the recommendations made by the recent IMC Rural Lands Protection Board Review Report be implemented? (b) If so, is this consistent with the motion of the State Conference S95⁄40: "[t]hat this Conference resolve to maintain the Travelling Stock Reserve and stock reserve system in NSW for the long term benefit of stock movements within the State and Australia, and that this network of corridors must be and remain available for consistence of walking stock movements within the Board system and for conservation of native species'? (i) If so, how? (2) Based upon protocols and criteria outlined in the issues paper developed by the Department of Primary Industries in 2006 for the Travelling Stock Reserves Working Party, did you recommend the withdrawal of Travelling Stock Reserves (TSR) from the care, control and management of Rural Lands Protection Boards (RLPB) in the following years: (a) 2005? (b) 2006? (c) 2007? (3) Did any RLPB request to have the care, control and management of TSRs withdrawn in the following years: (a) 2005? (b) 2006? (c) 2007? (4) What criteria guided and informed any recommendations for the withdrawal of TSRs from the care, control and management of RLPBs? (5) Which TSRs were withdrawn from the care, control and management of RLPBs in the following years: (a) 2005? (b) 2006? (c) 2007? (i) Which areas were these TSRs in?

Answer— (1) (a) On 18 June 2008 the State Government announced that it will support the recommendations in the IMC report. (b) The IMC report did not include a comparison of their recommendation with any prior policies. The IMC recommendations allow Boards to establish with the State Board of Management (SBM) a clear business case for the retention of any TSR Land. (i) As above. (2) (a) Yes. (b) Yes. (c) Yes. (3) (a) Yes. (b) Yes. (c) Yes. (4) A Board may seek the withdrawal of a TSR from its care, control and management under section 86 of the Rural Lands Protection Act 1998 at any time. (5) (a) Balranald-Wentworth Board 22 reserves Gloucester Board 6 reserves Coonabarabran Board 2 reserves. (b) Central Tablelands Board 3 reserves Kempsey Board 16 reserves Coonabarabran Board 1 reserves Mudgee-Merriwa Board 28 reserves Tweed-Lismore Board 1 reserves. 2447 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(c) Maitland Board 12 reserves (i) See above.

24 JUNE 2008 (Paper No. 60)

*1972 PREMIER—CHAPLAIN APPOINTMENT—Ms Ficarra asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Premier, Minister for Citizenship— (1) Will you consider appointing a Chaplain to NSW Parliament, similar to that of Federal Parliament? (a) If so, (i) when? (ii) what will the process of appointment be? (b) If not, why not?

Answer— The Premier has requested that you answer Ms Ficarra's question on his behalf in the following terms: The appointment of a chaplain is a matter for both Houses of Parliament. The Government has no current plans to introduce a Resolution appointing a chaplain at this time.

*1973 HEALTH—2005 REVIEW OF NSW AMBULANCE SERVICE—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Health— (1) What has been the outcome of the 2005 review of the NSW Ambulance Service regarding the Central Coast? (2) Which recommendations have been implemented? (3) What is the status of the other recommendations that have not been implemented? Answer— I have been advised by the Minister for Health:- The Chief Executive of the Ambulance Service of NSW advises the following: (1) The Urban Sector Strategic Review project commenced in July 2005 to review staffing on the Central Coast. Due to the identified close operational relationship between the Inner Hunter sector and the Central Coast it was decided by the Steering Committee that the analysis should incorporate both sectors. Three recommendations were made and the report was endorsed in principle by the HSU Central Coast Sub-Branch in October 2006. (2) Eight additional full-time equivalent (FTE) staff were allocated between the Inner Hunter and the Central Coast sectors. In addition, an external organisation was engaged to conduct a review of the current operational and population data, and to consider the implication of implementing the new mobile data terminals, the new data network and the matrix software solution for the distribution of patients. (3) The remaining recommendation was for any additional submissions for staffing increases to be considered with regard to the single officer review committee recommendations. The single officer issue is currently before the Industrial Relations Commission and due for arbitration in August 2008.

*1974 POLICE—GRANVILLE TRAIN STATION—Ms Ficarra asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance representing the Minister for Police, Minister for the Illawarra— (1) How regularly do police patrol Granville Train Station and surrounding areas per day? (2) Over the last 12 months, how many incidents have police been called to at Granville train station? (a) What have these matters involved? 2448 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(3) How many vehicles have been stolen or broken into at Granville train station in the last 12 months? (4) What is NSW Police doing to ensure the safety of Granville train station commuters? Answer— The NSW Police Force has advised me: (1) Regularly, including routine patrols as well as special operations. In addition to patrols in response to specific incidents, there is significant proactive patrolling by General Duties officers as well as specialist activities from units including Vikings, Drug Detection Dogs and the Middle Eastern Organised Crime Squad. (2-3) It would be an unreasonable diversion of police resources to provide the exact information requested, as to do so would require manual examination of all incidents in the area. I can advise that BOCSAR statistics for the Parramatta LGA, which includes Granville train station and its immediate surroundings, shows that 16 of the 17 major categories of crime have stabilised or fallen in the past two years. This includes the category of 'motor vehichle theft', which fell by 18.6%. (4) See (1) above. Rosehill Local Area Command has a specific focus on street crime and repeat offenders and also works in close liaison with a range of Government agencies including RailCorp Transit Officers, local schools and youth services to minimise crime and maximise public safety. The Parramatta Commuter Crime Unit conducts regular, intelligence-base patrols of trains and the areas in and around Granville station.

*1975 TRANSPORT—GRANVILLE TRAIN STATION—Ms Ficarra asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance representing the Deputy Premier, Minister for Transport, Minister for Finance— (1) What is the Department of Transport doing to ensure the safety of Granville train station commuters? (2) Will adequate lighting be installed around Granville train station, the carpark and surrounds so as to protect the community? (a) If so, when? (b) If not, why not? (3) Will 24 hour Transit Security Guards be introduced at Granville Train Station and the surrounding areas? (a) If so, when? (b) If not, why not? (4) Will security intercoms be placed around Granville train station? (a) If so, when? (b) If not, why not?

Answer— I am advised: (1) - (4) RailCorp has more than 7000 closed circuit television cameras (CCTV) on 300 railway stations. Granville Station has been upgraded as part of the Gated Stations CCTV Upgrade Project, with additional CCTV cameras being installed at the ticket gates in conjunction with two publicly visible monitors. These monitors reinforce the message that high quality CCTV is installed at the station and that people entering the station can be identified. This in turn provides an ongoing deterrent to crime and anti-social behaviour. Additionally, lighting at Granville Station provides commuters with clear visibility of the station, its facilities and in turn supports CCTV monitoring. This includes the entry and exit points, ticketing facilities, platforms and other station based facilities to support after hours usage. There are 600 transit officers deployed throughout the rail network. The Rail Security Control Centre operates 24 hours a day, seven days a week and has the capacity for Iive monitored closed circuit television and an ability to communicate with train crews and station staff, directing both police and transit officers to security incidents. The RailCorp Security Division monitors the effectiveness of all rail security initiatives to ensure that 2449 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

they continue to provide an appropriate Ievel of protection for RailCorp customers and staff. Transit officers are deployed to areas where, and at the times when, they are most needed. They provide a highly visible deterrent to crime and anti-social behaviour and offer a reassuring presence to RailCorp customers and staff. Transit officers have powers which allow them to direct a person behaving in an anti-social manner to Ieave a train or railway premises, and to issue penalty notices. Transit officers are not the only security resource deployed on the rail network. NSW Police Commuter Crime Units are permanently operating on the South Line, including Police Commuter Crime Units at Parramatta, Flemington and Liverpool. Transit officers work closely with NSW Police Commuter Crime Unit officers to provide an integrated security system for the rail network. In the context of the intelligence based deployment strategy, Transit officers conduct regular patrols on a random basis of the South Line, including Granville Station, and will continue to do so at a level that is commensurate with prevailing security conditions. Granville Station is fitted with help points designed to connect a customer requesting assistance to appropriate RailCorp staff on a 24⁄7 basis.

*1976 COMMUNITY SERVICES—ABORIGINAL CHILD PLACEMENT PRINCIPLE AND SEXUAL ABUSE REPORTING—Ms Ficarra asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance representing the Minister for Community Services— (1) Why has the Department of Community Services taken no action since the release of its report in January 2008 regarding two aspects of the Government's State Plan: (a) An internal review of the operation of the Aboriginal child placement principle? (b) A review of the feedback procedures for people who report sexual abuse?

Answer— A Special Commission of Inquiry into Child Protection in NSW has been established and the Department of Community Services has provided submissions on a range of issues including Aboriginal communities and mandatory reporting.

*1977 HEALTH—DR MICHAEL BOOTH—CENTRE FOR OBESITY—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Health— (1) Will the Department of Health fully review the issues raised on ABC's stateline on Friday 20 June 2008 to ensure that Dr Michael Booth was treated fairly by the Department and Chief Medical Officer in the disciplinary action instituted against him following his presentation to the NSW Diabetes Summit? (a) If not, why not? (2) Did your predecessor, the Honorable John Hatzistergos express concern as to Mr Booth's involvement with the media, subsequently leading to his disciplinary action? (a) If so, (i) when were the concerns expressed? (ii) what were the issues of concern? (iii) how were these concerns communicated? (iv) who were these concerns communicated to? (v) how was disciplinary action brought about? (3) Has the fight against childhood obesity and other health problems received a significant setback and years of medical research been wasted due to the action taken against Mr Booth? (4) What has been done with the the SPANS study which was a state-wide survey of children from kindergarten to year 10? (5) What has been done with the blood samples that were collected from 500 year 10 students? (6) 2450 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(a) Did Sydney University's ethics committee give permission to alter student and parent information sheets to state that the blood samples would be tested for diseases unrelated to obesity? (b) What is the Minister's response to Michael Booth's insistence that he received verbal permission from the committee chairman and that he later received that permission in writing? (c) What is the Minister's response to the statement by Tony Okely, Director, Child Obesity Research Centre statement that, "I recall that the letter included final approval on the amendments to the sentence in the parent information sheet to include tests related to the health of young people"? (i) What efforts were undertaken by the relevant officers to find the letter? (7) Why did the Government reject the decision of the chairman of the Sydney University ethics committee, Stewart Kellie, that the matter was a minor transgression? (8) How much money has the Government incurred in investigating this matter? (9) Will the Government consider a Judicial Enquiry into this matter? (a) If not, why not?

Answer— I have been advised by the Minister for Health:- (1) & (2) No. Dr Booth is an employee of Sydney University. The matter remains under investigation by the University, and any disciplinary action against Dr Booth is a matter for the University. (3) No. The Department of Health's response to childhood obesity has accelerated with additional funding for programs and research in recent years. Since the 2004 research, NSW Health has introduced programs such as Live Life Well @ School, the Munch & Move program for preschools, a booster program for healthy school canteens, and run the "Go for 2 & 5" fruit and vegetable promotion campaign. In addition the Department is funding Australia's largest obesity prevention trial in the Hunter New England area valued at over $7.5m. The Department has continued to support research at the University of Sydney across the issues of nutrition, physical activity and obesity. (4) The SPANS study has been published as a full and summary report, and several further related articles in peer reviewed journals. The findings of the study have informed the design of childhood obesity policy and programs across the NSW Government. (5) NSW Health has taken custody of the blood samples. (6) & (7) The University of Sydney is currently investigating Dr Booth's conduct, which includes reviewing ethics processes. No further comment can be provided on matters relating to this until the investigation is complete. (8) The University of Sydney that is investigating this matter, not the NSW Government. (9) The NSW Government understands the University of Sydney's disciplinary action against Dr Booth remains ongoing. It is premature to consider whether any further action is required pending the resolution of the University's disciplinary investigation. The Department of Health intends to review what further action is required by the Department, if any, at that time.

*1978 ROADS—UNREGISTERED VEHICLES—Mr Gay asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance— (1) Who is responsible for dealing with an unregistered vehicle that is parked for an extended period of time near a dangerous intersection on a public street? (2) Do local councils have the power to put a defect notice on such a vehicle if they have identified who the owner is? (a) If not, why not? (3) Do local councils have the power to organise such a vehicle to be towed away? (a) If not, why not? (4) Do NSW Police have the authority to take any action in respect to such a vehicle? Answer— 2451 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

The Impounding Act 1993 provides both the NSW Police Force and local councils with the power to impound a motor vehicle which has been abandoned or left unattended. Under the Road Transport (Vehicle Registration) Act 1997, a police officer may impound an unregistered vehicle being used on a road or road related area. A defect notice may only be issued by the NSW Police Force and RTA.

25 JUNE 2008 (Paper No. 61)

*1979 PREMIER—DOCUMENTS REQUESTED BY THE NSW OMBUDSMAN—Ms Ficarra asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Premier, Minister for Citizenship— In relation to the answer to the Question on Notice 1755 asked in the Legislative Council on 13 May 2008: (1) Will the Government introduce legislation to ensure Ministers are required to provide documents requested by the NSW Ombudsman? (a) If not, why not? (2) Has RailCorp refused to provide risk assessments and related documents concerning train derailments, on the basis that commuters would lose confidence with CityRail? (a) If so, what is the justification for this decision?

Answer— The Premier has requested that you answer Ms Ficarra's question on his behalf in the following terms: Section 18 of the Ombudsman Act 1974 states that agencies are required to provide documents to the Ombudsman if he requests those documents. Applicants who are unhappy with a decision of an agency in relation to a Freedom of Information application are entitled to seek internal review from the agency, or external review from the Ombudsman or the Administrative Decisions Tribunal.

*1980 FAIR TRADING—CONSUMER, TRADER AND TENANCY TRIBUNAL APPLICATIONS—Ms Cusack asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Fair Trading, Minister for Youth, Minister for Volunteering— (1) How many applications were lodged with the Consumer Trader and Tenancy Tribunal by the NSW Department of Housing for the following years: (a) 2004-2005? (b) 2005-2006? (c) 2006-2007? (2) Of those, how many applications related to the following: (a) rent arrears? (b) other arrears (e.g. water bills)? (c) other? (3) How many applications were lodged with the Consumer Trader and Tenancy Tribunal by public housing tenants where the respondent was the NSW Department of Housing for the following years: (a) 2004-2005? (b) 2005-2006? (c) 2006-2007? (4) Of those, how many applications related to the following: (a) quiet enjoyment and privacy? (b) repairs or maintenance? 2452 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(c) other?

Answer— (1) (a) 9474 (b) 9988 (c) 12248 (2) (a) 19394 (b) Data Not Available (c) 12316 (3) (a) 435 (b) 369 (c) 537 (4) (a) 1 (b) 56 (c) 1284

*1981 FAIR TRADING—NEW SOUTH WALES HOME WARRANTY INSURANCE—Ms Cusack asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Fair Trading, Minister for Youth, Minister for Volunteering— (1) Did you tell an ABC television journalist investigating New South Wales home warranty insurance that Minh Ai Tran had a tragic case but was a victim of poor legal advice? (a) If so, (i) what was the poor legal advice you believe Mr Tran received? (ii) who provided this legal advice? (iii) what do you advise Mr Tran do now? (iv) is there any assistance or support that the Office of Fair Trading offers consumers in Mr Tran's situation?

Answer— (1) (1) Yes. (a) (i) & (ii) A full investigation of Mr Tran's complaint was carried out by the Office of Fair Trading which also involved the NSW Government Architect's Office. Copies of the technical reports by Fair Trading building inspectors and the Government Architect's Office were provided to Mr Tran. These reports confirmed that the defects in the slab could be rectified without the need to demolish the home. However, Mr Tran did not accept this advice. In addition, Vero Insurance Limited advised Fair Trading that they had mediated an agreement to pay Mr Tran for the full costs to fix his home, as well as provide funds to pay for most of his legal bills (with the builder). However, Mr Tran walked away from that settlement offer and stated that he wanted his home demolished and rebuilt. This was despite the fact that independent surveyors, whose role it is to ensure a fair and equitable outcome for both parties, advised that the property did not need to be demolished and was able to be fixed. (iii) & (iv) The Office of Fair Trading offers a free dispute resolution service through the Home Building Service for disputes involving building matters. Unfortunately by the time Mr Tran lodged a complaint with Fair Trading in September 2006, the dispute was already within the Tribunal system and this dispute resolution service was not able to be utilised. 2453 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

As advised above, a full investigation of Mr Tran's complaint was carried out by Fair Trading which also involved the NSW Government Architect's Office. A number of technical reports by Fair Trading building inspectors and the Government Architect's Office were provided to Mr Tran to assist him in the Tribunal and with his home warranty insurance claim. I understand that while the builder concerned maintained a willingness to rectify the identified problems with his house, Mr Tran would not allow him back on site. However, I am advised that Vero is still willing to meet its obligations under the mediated agreement previously offered to Mr Tran. My general advice to consumers who are concerned about the services provided by their builder is to contact the Office of Fair Trading at the earliest possible time in order to receive informed advice and assistance.

*1982 JUSTICE—AGENCY TEMPS—PROCESSING JUSTICE OF THE PEACE APPLICATIONS—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training— I refer to the answer to the Question on Notice 1759 asked in the Legislative Council on 14 May 2008: (1) For the following financial years how many Agency Temps were employed specifically to process Justice of the Peace renewal and appointment applications? (a) 2003⁄2004? (b) 2004⁄2005? (c) 2005⁄2006? (d) 2006⁄2007? (e) 2007 to present? (2) For the following financial years what was the total cost of the salaries of those Agency Temps: (a) 2003⁄2004? (b) 2004⁄2005? (c) 2005⁄2006? (d) 2006⁄2007? (e) 2007 to present?

Answer— I am advised (1) The number of temporary agency staff engaged for various periods to process applications for re- appointment as a JP and new appointments are: (a) Nil (b) 12 (c) 4 (d) 14 (e) 5 (2007⁄2008) (2) Periods of engagement varied. The total cost of the salaries of agency temporary staff is known to the agencies.

*1983 PREMIER—ICAC ACT AND OMBUDSMAN ACT AMENDMENTS—Ms Ficarra asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Premier, Minister for Citizenship— (1) Will the Premier ensure that the Independent Commission Against Corruption (ICAC) Act and Ombudsman Act are amended to ensure that the ICAC and the NSW Ombudsman are prohibited from referring complaints back to the department or agency who are the subject of the complaint? (a) If not, why not? (2) Is the Premier aware that the ICAC and the NSW Ombudsman are increasingly relying on Probity Plans and Probity advices from external organisations, such as Deloitte Touche and others 2454 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

commissioned by Government Departments and Local Councils when assessing complaints about public officials? (3) In view of this, and the many complaints dismissed by the ICAC and the NSW Ombudsman based on the advice of these organisations, will the Premier consider introducing legislation to regulate and accredit providers in this industry? (a) If not, why not?

Answer— The Premier has requested that you answer Ms Ficarra's question on his behalf in the following terms: Neither the ICAC nor the Ombudsman is required to refer complaints back to the agency concerned. Rather, such referrals are discretionary and both offices exercise their discretion in accordance with the objects of the legislation. In the case of the ICAC, the referral mechanism ensures that it is able to focus its investigative resources on allegations of serious and systemic corruption. Similarly, the Ombudsman may refer complaints back to the agency concerned. This mechanism helps agencies establish and maintain effective complaint handling systems and improve their operations. Both offices are independent and are already subject to a robust accountability regime. The operations of the ICAC are audited by the Office of the Inspector of the ICAC, while the Parliamentary Joint Committee on the Independent Commission Against Corruption monitors the exercise of functions by the ICAC. The Ombudsman is overseen by the Parliamentary Joint Committee on the Office of the Ombudsman and the Police Integrity Commission.

*1984 LOCAL GOVERNMENT—APPOINTMENT OF ALTERNATIVE ADMINISTRATORS DURING THE OVERSEAS ABSENCE OF DICK PERSSON—Ms Ficarra asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development, and Acting Minister for the Central Coast representing the Minister for Local Government, Minister for Aboriginal Affairs, Minister Assisting the Minister for Health (Mental Health)— In your answer to the Question on Notice 1786 asked in the Legislative Council on 15 May 2008 you advised that during Mr Dick Persson's absence from duty as Administrator of Port Macquarie-Hastings Council and Warringah Council, an alternative Administrator would only be appointed to Port Macquarie-Hastings Council. (1) Why was an alternative Administrator not appointed to Warringah Council while Mr Persson was absent, when both Councils had similar business to deal with, are of the same size and in the same situation? (2) (a) On what date was the alternative Administrator at Port Macquarie-Hastings appointed? (b) Who requested the alternative appointment? (c) Who was appointed to the position? (3) On what basis was the decision made that one council would benefit by having an alternative Administrator and the other would not? Answer— I provide the following details in response to your questions: (1) Warringah Council did not request a substitute administrator be appointed. I note that, like councillors, an administrator generally exercises council functions at meetings. The General Manager remains responsible for the day-to-day operations of the Council. (2) 1. The substitute administrator at Port Macquarie Hastings Council was appointed by Governor's Proclamation pursuant to the Local Government Act 1993 on 14 May 2008. 2. The Council. 3. Mr Alan Griffin was appointed as substitute Administrator for the period 14 May 2008 to 30 May 2008. 3. Where a Council under administration makes a request to me to have a substitute Administrator 2455 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

appointed due to the Administrator's absence, I will consider that request and take appropriate action.

*1985 PREMIER—PROTECTED DISCLOSURE ACT—Ms Ficarra asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Premier, Minister for Citizenship— In relation to the answer provided to the Question on Notice 1766: (1) Will the Premier ensure that the Protected Disclosures Act is amended so that Directors General and Chief Executive Officers cannot declare a disclosure not to be a protected disclosure unless the respective disclosure has been reviewed by the NSW Ombudsman Office or Independent Commission Against Corruption (ICAC) and either body concurs with such a ruling? (a) If not, why not? (2) Will the Premier ensure that the Protected Disclosures Act is amended so that Government Departments and Agencies must immediately refer a Protected Disclosure to the ICAC and⁄or the Ombudsman for investigation should the respective Department or Agency fail to have the Protected Disclosure investigated within six months of its original receipt? (a) If not, why not? (3) Will the Premier ensure that the Protected Disclosures Act is amended so as to provide guidelines on how to inform people subject to investigation of the allegations involved (similar to the procedural guidelines in the Public Sector Management Act) so as to avoid the disclosure of confidential information or information that could put the safety of the person making the disclosure and witnesses at risk? (a) If not, why not? (4) Will the Premier ensure that the Protected Disclosure Act is amended so as to include a conflict of interest provision so as to ensure that if a protected disclosure contains information in relation to the Officer assessing the disclosure, the matter must be immediately referred to the NSW ICAC or Ombudsman for investigation? (a) If not, whey not? (5) Will the Premier ensure that the Protected Disclosure Act and Public Sector and Employment Management Act and associated procedural guidelines are amended so as to include a conflict of interest provision that ensures that if a protected disclosure, complaint or grievance contains information in relation to the decision maker, delegate or officer assessing the document, it must be immediately referred to the NSW ICAC or Ombudsman for investigation? (a) If not, why not? (6) Will the Premier ensure that Director Generals and Chief Executive Officers are sent a Premier's Memorandum clearly outlining that they should not be assessing protected disclosures if the documents contain any information or adverse comments about the alleged conduct of the respective Director General or Chief Executive Officer and that in such cases the protected disclosure should be referred to the NSW ICAC or Ombudsman for investigation? (a) If not, why not?

Answer— The Premier has requested that you answer Ms Ficarra's question on his behalf in the following terms: Under the current Act, principal officers do not have the power to declare matters not to be protected disclosures. Section 22 contains detailed guidance on confidentiality for principal officers. Further, the Model Code of Conduct requires officers to manage conflicts of interest. The Government is currently considering the recommendations of the Committee on the Independent Commission Against Corruption's report into the Review of the Protected Disclosures Act.

*1986 PREMIER—COMPLIANCE WITH STATE GOVERNMENT LEAVE POLICIES—Ms Ficarra asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Premier, Minister for Citizenship— In relation to your answer to the Question on Notice 1787, in which you advise that "Recreation leave approvals are a matter for the Director General of the Department of Premier and Cabinet": 2456 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(1) Did Mr Persson apply to Ms Robyn Kruk, the Director General of the Department of Premier and Cabinet, or any member of her Department for recreation leave before proceeding overseas on holiday? (a) If so, on what date was the application received? (2) Did Ms Robyn Kruk, or any member of her Department approve the application? (a) If so, on what date was approval given? (3) Did Ms Kruk, or any member of her Department take into consideration the adverse affect Mr Persson's absence would have on the business of Warringah Council and Port Macquarie-Hastings Council? (4) Did Ms Kruk, or any member of her Department have any communications with the Minister for Local Government or any of his departmental officers as to the appropriateness of an alternate Administrator being appointed only to Port Macquarie-Hastings Council and not Warringah Council? (a) If not, in view of Mr Persson being an SES Officer of the Department of Premier and Cabinet, why not? (5) In view of your advice that "As Mr Perrson's leave is private leave it would not be expected that he would use any official credit cards": did Mr Persson comply with his obligations under the Code of Conduct and Ethics for Public Sector Executives and at no time during his recreation leave use the Warringah Council credit card or Port Macquarie-Hastings Council credit card issued to him? Answer— The Premier has requested that you answer Ms Ficarra's question in the following terms: (1) to (2) Mr Persson's leave forms have been approved and are held on departmental records. (3) Mr Persson is entitled to leave as is any other member of the community. (4) This is a matter for the Minister for Local Government. (5) The Department of Premier and Cabinet understands Mr Persson has complied with all requirements.

*1987 PREMIER—PERFORMANCE REVIEW OF SES OFFICER DICK PERSSON—Ms Ficarra asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Premier, Minister for Citizenship— In relation to the Premier's answer to the Question on Notice 1785 and in particular to the statement: "Mr Persson's performance has been reviewed on notification by the Director General of the Department of Local Government": (1) On what dates in 2003, 2004, 2005, 2006, 2007 and 2008 were Performance Reviews pursuant to Mr Persson's SES Contract undertaken? (2) Who undertook each review? (3) At each review, what matters were considered in order to establish that Mr Persson was appropriately performing his role as an SES Officer? (4) Did these Performance Reviews take into consideration the numerous complaints by Warringah residents and community groups as to Mr Persson's conduct and ability? (a) If not, why not? (5) Were Mr Persson's Performance Reviews of 2003-2008 taken into account when he was appointed to a panel to consider people eligible to become Local Government Administrators? (a) If not, why not? (6) Were Mr Persson's Performance Reviews of 2003-2008 taken into account before Mr Persson was appointed Administrator of Port Macquarie-Hastings Council? (a) If not, why not? (7) Are Mr Persson's Performance Reviews accessible under the Freedom of Information Act? Answer— The Premier has requested that you answer Ms Ficarra's question in the following terms: (1) to (3) Performance reviews are matters for the Director General of the Department of Premier and 2457 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Cabinet. The 2008 Performance Review will not be undertaken until later in 2008. (4) Mr Persson's review is a matter for the Director General of the Department of Premier and Cabinet. (5) Not applicable. (6) Not applicable. (7) Any individual is entitled to make an application under the Freedom of Information Act. It is a matter for the agency concerned to make a determination on the release of that information.

*1988 ROADS—ROADSAFE COMPANY—Mr Gay asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance— (1) Have you personally responded to an approach from Mr Peter Hardi, Director of Roadsafe Company Pty Ltd, seeking to present an innovative road safety product? (a) If so, when? (b) If not, why not? (2) Have officers of the Roads and Traffic Authority met with Mr Hardi to review Roadsafe Company Pty Ltd's product? (a) If so, when? (b) If not, why not? (3) Does this type of product offer any road safety benefits? (a) If so, has the Roads and Traffic Authority trialed Roadsafe Company Pty Ltd's product? (b) If not, why not? (4) What information does the Roads and Traffic Authority have in relation to the life expectancy and installation costs of Roadsafe Company Pty Ltd's product compared with existing systems? (a) What is the source of this information? (5) Ms Tracy Arthur from the Roads and Traffic Authority responded to Roadsafe Company Pty Ltd in relation to its product. (a) What response did she provide Roadsafe Company Pty Ltd? (b) What is her position and role with the Roads and Traffic Authority?

Answer— I am advised: Mr Hardi has made a number of approaches to my office regarding his company's product. RTA officers met with Mr Hardi on 29 January and 5 June 2008 to review the company's solar powered pavement marker. The RTA has trialled similar solar powered road pavement markers. It found the trialled markers had comparatively little effect on driver behaviour. Based on information given to the RTA by the Roadsafe Company and the cost and life expectancy of delineation systems presently being used in NSW, the RTA estimates existing systems are less costly and have a greater life expectancy. Ms Tracy Arthur responded to Mr Hardi's representations on 17 June 2008 while acting in the position of A⁄Director, Business Coordination, Road Safety and Policy.

*1989 HEALTH—INFECTION SCREENING—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Health— (1) What guidelines exist in public and private hospitals in relation to infection screening? (2) What reporting mechanisms exist regarding infection rates across public and private hospitals? (3) What is NSW Health doing to reduce the rates of infections in our hospitals? Answer— I have been advised by the Minister for Health:- (1) In the NSW public health system: 2458 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

• NSW Health Policy Directive - PD2007_084: Infection Control Policy: Prevention & Management of Multi-Resistant Organisms (MRO). • NSW Health Policy Directive PD2007_036: Infection Control Policy. • In addition, NSW Health Policy Directive PD2007_006 Occupational Assessment, Screening and Vaccination against Specified Infectious Diseases provides a framework to assist public health facilities to reduce and prevent the transmission of vaccine preventable infectious diseases and tuberculosis (TB) within the healthcare facility through assessment and vaccination of staff and other clinical personnel. Private hospitals have reference to all infection control guidelines published on the Department of Health website. (2) The Public Health Act 1991 mandates the reporting of a range of notifiable infectious diseases. NSW Health Policy Directive PD2006_014 Notification of Infectious Diseases under the Public Health Act 1991 provides guidance on notification requirements and processes. NSW Health has mandated the reporting on eight healthcare associated infections. These infections are: - Surgical site infections hip and knee replacements, coronary artery bypass grafts - Central line associated bloodstream infections - Staphylococcus aureus bloodstream infections - Antibiotic resistant organisms in intensive care units • Methicillin-resistant Staphylococcus aureus (MRSA) • Multi-resistant Acinetobacter baumanii (MRAB) This reporting commenced in January 2008. Reports on trends involving these infections are reported publicly in the joint Clinical Excellence Commission and NSW Department of Health Bi-Annual Reports for Incident Management in the NSW Public Health System. In relation to private hospitals, these facilities are licensed under the Private Hospitals and Day Procedure Centres Act 1988 and the Private Hospitals Regulation 1996. There is no requirement in the legislation to report infection rates by private hospitals to the NSW Department of Health. Private hospitals may report infection rates to external accreditation bodies as part of quality improvement programs. (3) NSW Health has developed a statewide program to prevent patients getting an infection while in hospital. The Healthcare Associated Infections (HAI) Prevention Program consists of five strategies to reduce the occurrence of infections by ensuring: • Compliance with hand hygiene practices • Reduction in the spread of multi-resistant organisms • Compliance with guidelines for the insertion of central line catheters • Systematic cleaning of hospitals • Correct use of antibiotics. NSW Health Policy Directive PD2007_006 Occupational Assessment, Screening and Vaccination against Specified Infectious Diseases also represents a primary preventive strategy in relation to the specified diseases. In relation to private hospitals, the Regulation provides that a private hospital must have a written infection control policy approved by the Director-General. The licensee must ensure that the private hospital has sufficient resources to enable the work practices of persons working in the private hospital to comply with that policy. NSW Health inspects all facilities licensed under the Act annually to ensure compliance with the legislation.

*1990 HEALTH—OTITIS MEDIA—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Health— (1) When will the Health Department initiate comprehensive data collection to evaluate how many Aboriginal children under the age of 6 are screened for otitis media in Aboriginal communities? Answer— I have been advised by the Minister for Health:- 2459 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

The NSW Department of Health already has a comprehensive data collection to evaluate the number of otitis media screenings conducted for the 0-6 year old Aboriginal child cohort. However, within this data it is not currently possible to determine the number of individual children screened in NSW in the absence of unique patient identifiers across the breadth of the public and private health systems. The Department of Health is able to provide data on the numbers of screenings for Aboriginal children; not the number of individual Aboriginal children who have been screened.

*1991 HEALTH—ORAL HEALTH IN ABORIGINAL COMMUNITIES—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Health— (1) What data collection and reporting processes exist to monitor the following: (a) The status of oral health in Aboriginal communities? (b) The sucess and outcomes of current oral health programs? (2) What plans exist for the expansion of such programs? Answer— I have been advised by the Minister for Health:- I am advised by the Centre for Oral Health Strategy: (1) (a) The status of Aboriginal oral health is monitored through a number of data collections and reporting processes, both in NSW and Nationally: The Aboriginal and Torres Strait Islander Child Health Check (Item 708) that has been released by Medicare assesses children's health, including oral health, from birth to fourteen years inclusive. The NSW Child Dental Health Survey in 2007 also sampled Aboriginal and Torres Strait Islander children. Data are currently being analysed. The Australian Centre for Population Oral Health reports nationally on the oral health of Aboriginal and Torres Strait Islander people and publishes these as Australian Institute of Health and Welfare Research Reports. The Report of the NSW Chief Health Officer also provides data and reports on the oral health as part of the overall reporting framework for Aboriginal and Torres Strait Islander people. NSW Health funds 16 Aboriginal oral health programs and each report annually on activity as a condition of funding. In 2006-07 more than 47,000 occasions of service were provided through these dental programs to Aboriginal people. (b) (b) Success in oral health promotion in Aboriginal programs includes the Koori Kids Koori Smiles which provides the local Aboriginal community with culturally appropriate oral health information, clinical services, and mouthguards for patients who play contact sports. Another successful program is the Clean Teeth Wicked Smiles, developed by the Maari Ma Aboriginal Health Corporation. This program won the 2007 Aboriginal Health Award for Innovation in Aboriginal Health. The program gives primary school aged children the knowledge, equipment and opportunity to maintain good oral health. The program has resulted in a marked improvement in children's awareness of the importance of caring for their own teeth and a marked increase in children brushing regularly. (2) The Commonwealth Dental Health Program has set targets for additional dental visits for key priority groups, including Aboriginal and Torres Strait Islander people. NSW Health has responsibility for increasing the number of dental visits for Aboriginal and Torres Strait Islander people by 15,700 over three years. New partnerships will be established with Aboriginal Medical Services and Area Health Services to increase dental visits to Aboriginal communities.

*1992 EDUCATION AND TRAINING—VOCATIONAL AND EDUCATIONAL TRAINING COURSES—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training— 2460 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(1) What is the response by the Department of Education to requests by the New South Wales Council of Social Service to allow Aboriginal students to access Vocational and Educational Training courses from Year 9, with a view to reducing high school drop out rates? Answer— The NSW Department of Education and Training is committed to eliminating the educational achievement gap between Aboriginal and non-Aboriginal students by 2012. The Department is implementing a number of programs to support Aboriginal students to take up and complete further education and training opportunities. These programs include Youth Excel, Aboriginal Student Scholarships, the School to Work Program, the 'Taste of TAFE', TAFE-delivered vocational education and training and the Priority Action Schools Program. All have widespread support throughout the communities in which they operate. Pending definitive evaluative reporting for all programs, anecdotal reports indicate that attendance, retention rates and engagement of Aboriginal students are being positively impacted by these programs. Youth Excel, for example, is a secondary school, whole of government, early intervention strategy that aims to improve Aboriginal young people's educational outcomes. $4.596 million has been allocated to the Youth Excel strategy for the 2005-2008 period. Data for Youth Excel indicate that there was an increase in attendance rates for Aboriginal students in Youth Excel schools in the period 2006 to 2007. School Certificate English results indicate that the Youth Excel program is on track to meet the target of doubling the number of students achieving upper band results and halving the number of students receiving lower band results. In addition, the NSW Board of Studies has approved changes that now more easily allow schools to ensure their Stage 5 (years 9 and 10) students can access Vocational Education and Training as Stage 6 students and undertake a limited number of Vocational Education and Training courses as part of their School Certificate.

*1993 DISABILITY SERVICES—ABORIGINAL DISABILITY NETWORK NSW—Ms Ficarra asked the — (1) What is your response to claims by the Aboriginal Disability Network NSW that the lack of early intervention in relation to Aboriginal children with hearing and vision impairments, can lead to disabilities remaining undiagnosed during their primary school years? (a) How does the Government intend to address this issue?

Answer— NSW Health has a responsibility for the NSW Government's statewide screening programs intended to enable the early detection and treatment of hearing and vision impairments. Should the Member require further information regarding services provided by NSW Health, this matter should be referred to the Hon. Reba Meagher MP, Minister for Health. The NSW Government, through the Department of Ageing, Disability and Home Care (DADHC) invests over $13.8m to provide a range of early childhood intervention services. These services provide support to families with children up to six years of age with a developmental delay or disability including vision or hearing impairments. Early childhood intervention services include early childhood special education, therapy, information and referral and coordination of services. The NSW Government has invested an additional $1.5m to extend early childhood intervention services, including programs specifically focusing on the provision of early intervention support services for Aboriginal families.

*1994 ABORIGINAL AFFAIRS—WATER SUPPLY AND SEWERAGE WORKING GROUP ISSUES PAPER—Ms Ficarra asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development, and Acting Minister for the Central Coast representing the Minister for Local Government, Minister for Aboriginal Affairs, Minister Assisting the Minister for Health (Mental Health)— (1) What has been the response to the 'Water Supply and Sewage Working Group Issues Paper' that found many Aboriginal communities do not meet basic standards? (2) What processes exist to monitor the quality of drinking water in these communities? 2461 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Answer— (1) -2. In May, 2008, a new Water and Sewerage Maintenance and Monitoring Program for more than 60 communities was announced by the NSW Government. It is being funded and implemented in partnership with the NSW Aboriginal Land Council (NSWALC) with a total commitment of approximately $205M over 25 years. The NSW Government has also allocated $6.295 million of capital works over three years to upgrade water and sewerage facilities in 22 Aboriginal communities across the State. As a consequence of the NSW Government's Water and Sewerage Maintenance and Monitoring Program, each community will have an ongoing arrangement with the relevant local council or utility for regular monitoring and maintenance.

26 JUNE 2008 (Paper No. 62)

*1995 EDUCATION AND TRAINING—ENGLISH PROGRAMS FOR REFUGEE STUDENTS—Dr Kaye asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training— (1) How many Intensive English Program teachers have so far been employed under the Intensive English Program for Refugee Students in Primary Schools? (2) How many Refugee Transition Program teachers have so far been employed under the Refugee Transition Program? Answer— (1) A total of seven primary schools in South Western Sydney and Western Sydney regions with significant numbers of refugee students were identified to implement the Intensive English Program in 2008. Each participating school received a 0.5 (Equivalent Full Time) staffing supplementation for one year in order to implement the program. The total number of teachers employed in the program is 3.5 (Equivalent Full Time). (2) A total of seven high schools in South Western Sydney and Western Sydney regions with significant numbers of refugee students were identified to implement the Refugee Transition Program in 2008. Each participating school received a 0.5 (Equivalent Full Time) staffing supplementation for one year in order to implement the program. The total number of teachers employed in the program is 3.5 (Equivalent Full Time).

*1996 ENERGY—NSW RENEWABLE ENERGY TARGET—Dr Kaye asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— Given the Minister's statements to the Legislative Council to the effect that the NSW Renewable Energy Target will not proceed in light of the Rudd Government's plans for an expanded national Mandatory Renewable Energy Target, why is the Renewable Energy (New South Wales) Bill still on the Notice Paper for the Legislative Assembly? Answer— The Renewable Energy (New South Wales) Bill will remain on the Notice Paper for the Legislative Assembly until the final design of the expanded national Mandatory Renewable Energy Target is known and can be considered in relation to the NSW Government's policy objectives.

*1997 ENERGY—EMPLOYEES—Dr Kaye asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) How many employees (full-time equivalent) does the Department of Water and Energy employ to work on the following: (a) Renewable energy policies, programs and projects? (b) Energy efficiency policies, programs and projects?

Answer— 2462 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Nine.

*1998 LANDS—RATEABLE PROPERTIES—Dr Kaye asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development, and Acting Minister for the Central Coast— (1) How many rateable properties in New South Wales have an unimproved land value of greater than: (a) $3 million? (b) $2 million? (c) $1.75 million? (d) $1.5 million? (e) $1.25 million? (f) $1 million? (g) $0.9 million? (h) $0.8 million?

Answer— The Register of Land Values, maintained by the Valuer General, does not record whether or not land is rateable. Local councils are responsible for determining the rateability of land in New South Wales.

*1999 EDUCATION AND TRAINING—ADULT MIGRANT ENGLISH SERVICE—Dr Kaye asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training— (1) What is the rationale behind the restructure of the Adult Migrant English Service (AMES)? (2) Will the restructure see the loss of nearly 10% of the service? (3) What is the basis for the claim by AMES that teachers and other staff are in favour of the changes, given the recent stop work meeting and rally appeared to suggest the opposite? (4) Why have permanent positions been spilled and staff required to apply for their own positions? (5) Does the Minister consider restructuring in this way to be acceptable industrial practice? (6) What steps has the Government taken since the stop work meeting on 23 June 2008 to negotiate in good faith with teachers and other affected staff? Answer— I am advised: (1) The proposed new structure for the NSW Adult Migrant English Service will provide strategic improvements in the key areas of increased support for teaching staff in centres, enhanced communication lines, supporting centre-based decision making, and meeting contractual requirements. (2) No. (3) In a restructure there may be staff who may not like an aspect of the new organisation. The proposed new structure for NSW AMES will provide strategic improvements in key areas. The Director of Community and Migrant Education has received written support from middle managers those most directly affected by the changes that they prefer the proposed structure. There have also been letters from teachers across the regions that support the new management structure. The Director of Community and Migrant Education has provided staff with information and reassurance in relation to the proposed changes. The matters that the Teachers Federation raised have been resolved. (4) Staff are not being required to apply for their current positions. The new structure has created new positions with significantly different duties and responsibilities in middle management positions. Staff who are displaced are being offered priority assessment for these positions at their current substantive level. (5) The NSW Adult Migrant English Service structure has been reviewed in consultation with its staff and relevant key stakeholders. Senior management has sought and received extensive feedback and proposals throughout the consultation period. Both the NSW Teachers Federation and the Public 2463 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Service Association have been included in the consultation process. The Department of Education and Training has followed policy and procedures which are consistent with government policy. (6) The Department has negotiated in good faith throughout the restructure.

*2000 EDUCATION AND TRAINING—CATHOLIC SYSTEMIC SCHOOLS—Dr Kaye asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training— (1) For each local government area in New South Wales, in respect of Catholic systemic schools in that area, please provide the following information for each year in the last 5 years for which data is available in a table format: (a) Number of students enrolled? (b) Number of expulsions? (c) Number of suspensions? (d) Number of any other disciplinary actions for which data is available?

Answer— Official enrolments for non-government schools are collected as part of the National Schools Statistics Collection in August each year by the Commonwealth Department of Education, Employment and Workplace Relations. The Department of Education and Training does not hold information on the number of expulsions, suspensions or disciplinary actions in non-government schools.

*2001 EDUCATION AND TRAINING—INDEPENDENT SCHOOLS—Dr Kaye asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training— (1) For each local government area in New South Wales, in respect of Independent schools in that area, please provide the following information for each year in the last 5 years for which data is available in a table format: (a) Number of students enrolled? (b) Number of expulsions? (c) Number of suspensions? (d) Number of any other disciplinary actions for which data is available?

Answer— Official enrolments for non-government schools are collected as part of the National Schools Statistics Collection in August each year by the Commonwealth Department of Education, Employment and Workplace Relations. The Department of Education and Training does not hold information on the number of expulsions, suspensions or disciplinary actions in non-government schools.

*2002 EDUCATION AND TRAINING—CATHOLIC SYSTEMIC SCHOOL DATA—Dr Kaye asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training— (1) For each Catholic systemic school in New South Wales, for each year in the last 5 years for which data is available, please provide the following information in a table format: (a) School name? (b) School location? (c) School postcode? (d) Number of students enrolled? (e) Number of expulsions? (f) Number of suspensions? (g) Number of any other disciplinary actions for which data is available?

Answer— The name and location of registered non-government schools in New South Wales are available on the 2464 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Board of Studies NSW website at www.boardofstudies.nsw.edu.au. Official enrolments for non-government schools are collected as part of the National Schools Statistics Collection in August each year by the Commonwealth Department of Education, Employment and Workplace Relations. The Department of Education and Training does not hold information on the number of expulsions, suspensions or disciplinary actions in non-government schools.

*2003 EDUCATION AND TRAINING—INDEPENDENT SCHOOL DATA—Dr Kaye asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training— (1) For each independent school in New South Wales, for each year in the last 5 years for which data is available, please provide the following information in a table format: (a) School name? (b) School location? (c) School postcode? (d) Number of students enrolled? (e) Number of expulsions? (f) Number of suspensions? (g) Number of any other disciplinary actions for which data is available?

Answer— The name and location of registered non-government schools in New South Wales are available on the Board of Studies NSW website at www.boardofstudies.nsw.edu.au. Official enrolments for non-government schools are collected as part of the National Schools Statistics Collection in August each year by the Commonwealth Department of Education, Employment and Workplace Relations. The Department of Education and Training does not hold information on the number of expulsions, suspensions or disciplinary actions in non-government schools.

*2004 EDUCATION AND TRAINING—INTENSIVE ENGLISH CENTRES—Dr Kaye asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training— (1) What are the locations of the Department's Intensive English Centres? (2) Are there Intensive English Centres in Newcastle? (a) If not, why not? (3) How much does the Government spend of its own funds (ie. not including funds provided by the Australian Government) to run Intensive English Centres? (4) How much does the Government receive each year from the Australian Government in respect of these Centres? Answer— I am advised: Locations of Intensive English Centres are publicly available on the Department's website. Locations are determined on the sufficient number of enrolments of newly arrived students requiring intensive English as a Second Language support. Since 2004 three Newcastle schools have had intensive English classes Lambton High School and both Waratah Technology Campus and Wallsend Campus at Callaghan College. The Department of Education and Training's ledgers reflect longstanding arrangements which record the majority of school related expenditures centrally and not by individual schools. This reflects centralised school staffing and payroll processing, as well as statewide contracting arrangements for school maintenance and cleaning. Expenditure data by individual Intensive English Centres which are attached to host schools is not available. 2465 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*2005 EDUCATION AND TRAINING—"OTHER EXPENSES" PAID TO NON-GOVERNMENT SCHOOLS—Dr Kaye asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training— (1) What is the breakdown of "Other Expenses" paid to non-government schools in the 2008⁄2009 Budget, totalling $45,665,000? Please detail specific programs and amounts allocated to each? Answer— Separate funding allocations for non government school funding programs shown as "Other Expenses" in the 2008⁄09 Budget Papers are provided in the following table: Program 08⁄09 Budget Allocation ($000) Employee Related 498 Other Operating Expenses 2,155 Conveyance of School Children 6,674 Grants to Non Profit Organisations 327 Back to School Allowance 18,301 Supervisor Subsidies 17,710 TOTAL 45,665

*2006 EDUCATION AND TRAINING—APPLICATIONS FOR SPECIAL PROVISIONS—Dr Kaye asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training— (1) What process does the Board of Studies use to assess applications for special provisions for students taking HSC exams? (2) In light of recent news that some schools have been granted special provisions for up to six times the state-wide average number of students, what auditing has the Board of Studies done to ensure the scheme is not being abused by some schools? Answer— Applications for Special Provisions are categorised according to the student's condition as medical, learning difficulty, vision difficulty or hearing difficulty. Straightforward requests, such as permission to use a special chair or separate supervision for a student with an infectious condition, are approved by staff within the Student Examination Support (SES) Section. All other applications are sent to an appropriate member of the Board's Special Examination Provisions Panel. The panel member makes a recommendation to approve or decline the provisions sought, in accordance with the functional or medical evidence in the application and the guidelines approved by the Board of Studies. Where a provision is declined, the student has the opportunity to lodge an appeal with further evidence. The appeal is considered by a different panel member, applying the same guidelines. Senior officers of the SES Section regularly review decisions to ensure that all panel members are applying the guidelines fairly and consistently. All panel members participate in annual briefings to ensure a common understanding of the guidelines. New panel members are given extensive training prior to considering any application. The Office's internal audit program includes reviews of both financial and operational activities. The most recent review of the current process for dealing with special provisions applications found that the Office had an effective control environment in relation to the decision making processes for special examination provisions applications. On occasion, the denial of special provisions results in legal proceedings. In proceedings before the NSW Supreme Court in 2000, the ensuing judgment affirmed that the Board's special provisions process is procedurally fair and treated applications on their merits.

*2007 WATER—DAM CONTRIBUTIONS—Dr Kaye asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Emergency Services, and Minister for Water— 2466 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(1) Why do Hunter residents have to pay for another dam when the existing dams in the region (Chichester, Grahamstown, Glennies Creek, Lostock) are under utilised? (2) Were Hunter residents compensated for their contribution to Glennies Creek Dam when the Water Management Act 2000 came into force and the Hunter Water Corporation allocation was removed? (a) If not, why not?

Answer— I am advised: (1) The existing dams referred to are not under-utilised. Tillegra Dam is required for drought security and future growth in the Hunter. (2) The NSW Government funded the construction of Glennies Creek Dam.

*2008 PRIMARY INDUSTRIES—FOOD LABELLING LAWS—Dr Kaye asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) Is the Minister aware that because of the lack of regulation and inadequate food labelling laws consumers in New South Wales are unable to ascertain whether or not the food products they purchase contain artificially produced trans fatty acids, which are known to increase the risk of coronary heart disease and the concentration of "bad" (high density) cholesterols while decreasing the concentrations of "good" (low density) cholesterols? (2) What action does the Minister intend to take so that consumers are able to make an informed choice on whether to buy or reject food products which contain artificially produced trans fats? (a) When will the Minister take any such action?

Answer— (1) & 2. The composition and labeling of all Australian foods is governed by the Australia New Zealand Food Standards Code (the Food Standards Code). The Food Standards Code is developed by Food Standards Australian New Zealand on a national level, through a transparent process involving high levels of public consultation. The Food Standards Code provides that trans fatty acid contents must be declared on a food label if a nutrition claim is made about cholesterol or saturated, trans, polyunsaturated or monounsaturated fatty acids; or omega-3, omega-6 or omega-9 fatty acids. Food Standards Australia New Zealand has conducted a formal scientific review of trans fatty acids in the food supply and reported back to the Australia and New Zealand Food Regulation Ministerial Council in May 2007. The Report found that the contributions of trans fatty acids to energy intakes of Australians and New Zealanders was below the goal of 1% proposed by the World Health Organisation, and comparable to or lower than intake estimates from some countries overseas. Food Standards Australia New Zealand considered the evidence available and provided analysis to the Australian and New Zealand Food Regulation Ministerial Council which accepted its expert advice in relation to the adoption of an appropriate risk management approach. The primary aim of the approach is to reduce the amount of trans fatty acids in the Australian and New Zealand food supply, without an associated increase in the amount of saturated fat. Accordingly New South Wales continues to support the nationally adopted trans fatty acid risk management approach adopted based on the recommendations of the Food Standards Australia New Zealand. Food Standards Australia New Zealand will review the outcomes of the risk management approach to reduce trans fatty acids in the food supply in early 2009.

*2009 ENERGY—JINDABYNE PUMPING STATION—Dr Kaye asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) Has there been any dredging of Lake Jindabyne near the Waste Point based Jindabyne Pumping Station? (a) If so, (i) for what purpose? (ii) has there been a reason for the further apparent drop in levels of Lake Jindabyne? 2467 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(iii) how did this decision take into consideration the need to retain drought storage levels?

Answer— Snowy Hydro has advised that it has undertaken de-silting works around the intake to the Jindabyne pumps in the past, but not within the last twelve months.

*2010 ENERGY—DELTA ELECTRICITY LAND HOLDINGS—Dr Kaye asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) For each local government area in which Delta Electricity has land holdings, please provide the following details in respect of those land holdings in that local government area: (a) total hectares? (b) the total estimated market value? (c) total hectares not currently utilised for power station facilities or related purposes? (d) total estimated market value of the lands not currently utilised for power station facilities or related purposes?

Answer— I refer the Member to the Treasurer's answer to Question on Notice No. 2011.

*2011 TREASURER—DELTA ELECTRICITY LAND HOLDINGS—Dr Kaye asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter— (1) For each local government area in which Delta Electricity has land holdings, please provide the following details in respect of those land holdings in that local government area: (a) total hectares? (b) the total estimated market value? (c) total hectares not currently utilised for power station facilities or related purposes? (d) total estimated market value of the lands not currently utilised for power station facilities or related purposes?

Answer— I'm advised Delta Electricity land holdings are as follows by council area: Local Government Area Hectares City of Lithgow 3,443 Wyong Shire Council 1,545 Lake Macquarie City Council 1,014 Upper Lachlan Council 225 Goulburn Mulwaree Council 58 Shoalhaven City Council 20 Delta Electricity has recently completed a land valuation for financial accounting purposes. This valuation is based upon the land's current use and zoning: Local Government Area Value City of Lithgow $6.5m Wyong Shire Council $24.7m Lake Macquarie City Council $12.3m Upper Lachlan Council $2.0m Goulburn Mulwaree Council $2.3m Shoalhaven City Council $1.0m All of the land is used for power station and related infrastructure purposes. Apart from the power stations, land is required for coal handling infrastructure, water handling infrastructure, ash handling and storage infrastructure and environmental buffers to ensure zero discharge operating licence requirements. 2468 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*2012 ENERGY—MACQUARIE GENERATION LAND HOLDINGS—Dr Kaye asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) For each local government area in which Macquarie Generation has land holdings, please provide the following details in respect of those land holdings in that local government area: (a) total hectares? (b) the total estimated market value? (c) total hectares not currently utilised for power station facilities or related purposes? (d) total estimated market value of the lands not currently utilised for power station facilities or related purposes?

Answer— I refer the Member to the Treasurer's answer to Question on Notice no. 2013.

*2013 TREASURER—MACQUARIE GENERATION LAND HOLDINGS—Dr Kaye asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter— (1) For each local government area in which Macquarie Generation has land holdings, please provide the following details in respect of those land holdings in that local government area: (a) total hectares? (b) the total estimated market value? (c) total hectares not currently utilised for power station facilities or related purposes? (d) total estimated market value of the lands not currently utilised for power station facilities or related purposes?

Answer— I'm advised Macquarie Generation land holdings are as follows by council area: Singleton 5,288 hectares Muswellbrook 4,786 hectares Upper Hunter 31 hectares Newcastle 0.8 hectares Total 10,106 hectares The total valuation of all Macquarie Generation land, as valued by Colliers International at February 2008 is $23 million. All of the land is used for power station and related infrastructure purposes. Apart from the power stations, land is required for coal handling infrastructure, water handling infrastructure, ash handling and storage infrastructure and environmental buffers to ensure zero discharge operating licence requirements.

*2014 ENERGY—ERARING ERARING LAND HOLDINGS—Dr Kaye asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) For each local government area in which Eraring Energy has land holdings, please provide the following details in respect of those land holdings in that local government area: (a) total hectares? (b) the total estimated market value? (c) total hectares not currently utilised for power station facilities or related purposes? (d) total estimated market value of the lands not currently utilised for power station facilities or related purposes?

Answer— I refer the Member to the Treasurer's answer to Question on Notice no. 2015. 2469 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*2015 TREASURER—ERARING ERARING LAND HOLDINGS—Dr Kaye asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter— (1) For each local government area in which Eraring Energy has land holdings, please provide the following details in respect of those land holdings in that local government area: (a) total hectares? (b) the total estimated market value? (c) total hectares not currently utilised for power station facilities or related purposes? (d) total estimated market value of the lands not currently utilised for power station facilities or related purposes?

Answer— I'm advised Eraring Energy's land holdings are as follows: (a) Total hectares Lake Macquarie 1174.20ha Bega Valley 247.10ha Albury 0.80ha Upper Lachlan 0.52ha (b) Total estimated market value based on valuation carried out in 2007 Lake Macquarie $41.08m Bega Valley $0.40m Albury $0.30m Upper Lachlan $0.01m All of the land is used for power station and related infrastructure purposes. Apart from the power stations, land is required for coal handling infrastructure, water handling infrastructure, ash handling and storage infrastructure and to create an environmental barrier between the power station industrial zone and residential areas of Eraring Power Station.

*2016 REDFERN WATERLOO—STORMWATER AND WATER RECYCLING—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) What plans have been developed for stormwater capture as identified in the Built Environment Plan (Stage One)? (2) What conditions have been applied to developments to ensure that water recycling has been included? Answer— I am advised: The Redfern Waterloo Authority supports ecologically sustainable development and, where applicable, requires adherence to legislative standards in development consents.

*2017 REDFERN WATERLOO—POLICE COMMUNITY YOUTH CLUBS—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) What is the status of plans to relocate the Police Community Youth Clubs in Redfern Waterloo? (2) Will the Police Community Youth Clubs still be relocated? (a) If so, when will this take place?

Answer— I am advised: 2470 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

The Redfern Waterloo Authority and the NSW Department of Housing have jointly offered a $1 million contribution to the Commonwealth Indigenous Land Corporation to facilitate the PCYC relocating to new premises at the redeveloped former Redfern Public School site as part of the ILC's National Indigenous Development Centre. Details about potential relocation are a matter for the PCYC and the ILC.

*2018 REDFERN WATERLOO—COMMUNITY HEALTH CARE CENTRE—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Have tenders been called or concept plans initiated for the development of the new Community Health Care Centre in the old Courthouse in Redfern Street, Redfern? (a) If so, when did this occur? (b) If not, why not?

Answer— I am advised: The construction of the new Community Health Centre at the former Redfern Courthouse⁄Police Station is being handled by NSW Health and the RWA understands that works are expected to commence this year.

*2019 REDFERN WATERLOO—RETURNED AND SERVICES LEAGUE SITE—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Are any plans pending for the redevelopment of the Returned and Services League site in Redfern? (a) If so, what are they? (2) Has any concept plan been proposed? (a) If so, by whom?

Answer— I am advised: The Redfern RSL is privately owned and the RWA understands it is currently being advertised for sale through expressions of interest.

*2020 REDFERN WATERLOO—AFFORDABLE HOUSING STRATEGY—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Has provision been made for affordable housing in Redfern Waterloo? (a) If so, how much has actually been provided? (b) If not, (i) when will funds be applied to the provision of affordable housing? (ii) how much will be allocated for affordable housing, and over what period? (2) Are 200 of the planned units in North Eveleigh earmarked for affordable housing? (3) What number or percentage of units in the Rachel Foster redevelopment are earmarked for affordable housing? Answer— I am advised: The Redfern Waterloo Authority expects up to $60 million to be raised from developer contributions for affordable housing in Redfern-Waterloo over the next decade, of which $16 million will be allocated for Aboriginal housing. Developer contributions will be raised from development on strategic sites under the RWA's Built Environment Plan. 2471 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*2021 REDFERN WATERLOO—PEMULWUY DEVELOPMENT BLOCK—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Will the Minister waive the $60,000 fee that is holding up the development of 62 units of housing on the Pemulwuy development block? (a) If not, why not? (2) Will the Aboriginal Housing Company be allowed to develop its land on the block in a manner consistent with the company's concept plan? Answer— I am advised: The Redfern Waterloo Authority expects that the Department of Planning will treat the Aboriginal Housing Company in the same manner that it treats all other applicants seeking development on their land.

*2022 REDFERN WATERLOO—DESIGN OPTIONS FOR REDFERN STATION—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Will a design excellence competition be part of the development of a concept plan for Redfern Railway Station? (2) In the Built Environment Plan (Stage One), the Redfern-Waterloo Authority claimed that concept design options for Redfern Railway Station would be presented to the community at the end of 2006. (a) Why has this not occurred? (b) When will it occur? (3) Are there any plans to build underground access from Redfern Railway Station to Regent Street and the North Eveleigh site? (4) Is the Redfern-Waterloo Authority still considering building a footbridge to link the Australian Technology Park with the North Eveleigh development? (5) Have any safety concerns been identified in connection with the building of this footbridge at the location suggested? (a) If so, what?

Answer— I am advised: The net proceeds from the RWA's sale of surplus land at North Eveleigh will be committed towards a significant upgrade of Redfern Station and the construction of a pedestrian⁄cycle bridge linking the Eveleigh precinct and suburbs beyond. Normal development approval processes, including public consultation, and safety standards will apply. There are no current plans for underground access.

*2023 REDFERN WATERLOO—EMPLOYMENT—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) How many new permanent jobs have been created in the Redfern Waterloo area since the Built Environment Plan (Stage One) was introduced? (2) Has the Cultural Industries Strategy been developed and put on display? (a) If not, when is it expected to be displayed?

Answer— I am advised: Current development underway at the Australian Technology Park is expected to create about a 20% increase in employment numbers in Redfern-Waterloo by the end of 2009. To date, the RWA has also brokered about 250 construction jobs for Aboriginal people under its innovative Indigenous Employment 2472 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Model. The RWA has also commenced a number of cultural industry initiatives outlined in its Employment and Enterprise Plan.

*2024 REDFERN WATERLOO—PLANS, ARCHITECTURE, DESIGN—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) What measures have been taken to promote environmental sustainable design in the Redfern Waterloo area? (a) Has the Ecologically Sustainable Development Strategy been produced and applied to significant site developments? (2) What architectural design excellence competitions have been carried out? (3) Were the concept plans for North Eveleigh the result of such a competition? (4) Has the master plan for the Redfern Town Centre been produced? (a) If so, when will it go on display? (5) Have any concept plans been developed for a civic centre between Redfern Station and Redfern Street? (a) If so, when will they go on display? (6) In the Built Environment Plan (Stage One), the Open Space and Public Domain Strategy indicates that 15% of the total North Eveleigh site will be retained for public space. Is this reflected in the current Concept Plan? (7) Have guidelines been developed and published for the provision of private open space at North Eveleigh? (8) Is a public park still part of the concept plan for North Eveleigh? Answer— I am advised: All planning work undertaken by the RWA in the operational area is consistent with the principles contained in the Built Environment Plan (Stage One) that was released in August 2006 following an extensive process of community consultation. The proposed Concept Plan for North Eveleigh embodies further detailed study and analysis that builds on the work undertaken for the BEP.

*2025 REDFERN WATERLOO—TRAFFIC IMPACTS AND TRANSPORT ON REGENT STREET AND GIBBONS STREET—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) What steps have been taken to ameliorate traffic congestion on Regent Street and Gibbons Street? (2) Has a Transport Management Plan been developed? (a) If not, when will it be developed and made public?

Answer— The RWA works closely with the RTA on all the planning work it undertakes in the operational area.

*2026 PLANNING—MASTER PLAN, WHITE BAY—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) In late 2006 the Premier announced the Government's intention to develop a new masterplan for White Bay. (a) What stage has work on the new masterplan reached? (b) When is it expected to be completed? (i) If work has not commenced, why not? (c) If the taskforce is not working on a new masterplan, what is it currently working on? (2) Is Baileys Marine Fuels Australia industrial and refuelling proposal currently being assessed using a 2473 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

masterplan document that many residents regard as out-of-date and deficient? (3) Will consideration of Baileys Marine Fuels Australia application be deferred until the masterplan is completed and adopted? (a) If not, why not? (4) In view of the fact that all occupants of the waterfront industrial area at White Bay have now relocated, will consideration of any applications for development at White Bay be considered in the context of the whole White Bay site rather than on a piecemeal basis? (a) If not, why not?

Answer— An interagency taskforce has been established to consider issues related to the Bays Precinct generally, including White Bay and Glebe Island. The Coordinator General is currently developing a consultation process to ensure industry and community views are heard. An independent panel has been established to investigate the proposed Bailey's refuelling facility at White Bay. However, the Coordinator General has written to me requesting that any decision on the project be deferred pending further consideration and consultation on the future of the precinct.

*2027 PLANNING—LEPPINGTON AND EDMONDSON PARK TOWN CENTRES—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Did David Barr of the Land Management⁄Acquisitions Branch of the Department of Planning tell residents of Leppington in 2006 that a town planner would report on the Leppington town centre and that this report would be used to determine underlying land values? (2) Has a town planning report been prepared? (a) If not, (i) why not? (ii) will such a report be prepared? (3) If a town planning report is not to be used to determine underlying land values, how will those land values be determined? (4) Is part of the property at Jardine Drive, Edmondson Park, acquired by Landcom via Australian General Resources from the De Angelis property group for $9.4 million to be onsold to provide road entry to the Edmondson Park town centre? (a) If so, how much has the Growth Centres Commission or any other government department⁄authority indicated that it will pay for the land?

Answer— I am advised: (1) The residents were advised that where there was any doubt as to the underlying zoning for use in determining land values, an independent town planner would be engaged to prepare a report. (2) No town planning report has been sought or prepared. (a) Unlike Edmondson Park, the properties in question were not rezoned and no corridor was reserved for acquisition. As such the land was valued as is. That is, as rural residential unaffected by any reservation for a public purpose. (b) No report will be prepared unless circumstances change. (3) Land values are based on existing use unaffected by any reservation for a public purpose. The values will be assessed by an independent registered valuer on a comparable sales basis. (4) The property in Croatia Avenue, Edmondson Park was purchased for development purposes. In the course of development a road will be built linking Croatia Avenue with the proposed town centre. This road will be dedicated to Council. In lieu of paying s.94 contributions, the developer will be entitled to receive a credit equal to the market value of the land. 2474 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(a) The current value nominated in the Council Section 94 Contributions Plan is $140 sq.m. It is subject to CPI adjustment.

*2028 ATTORNEY GENERAL—EXPENDITURE—RELATED EMPLOYEES APPEALS TRIBUNAL—Mr Clarke asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training— (1) What is the total cost incurred by the Attorney General's Department and Crown Solicitor's office (including expenditure on Counsel) on the matter involving Suzanne Burrows before the Government and Related Employees Appeals Tribunal? (2) What is the total expenditure for each of the following periods by the Attorney General's Department and Crown Solicitor's office (including expenditure on Counsel) for matters involving the Attorney General Department before the Government and Related Employees Appeals Tribunal for the periods: (a) 2003⁄2004? (b) 2004⁄2005? (c) 2005⁄2006? (d) 2007 to present?

Answer— I am advised: (1) This matter is before the Tribunal. (2) (a) Nil (b) Nil (c) Nil (d) $48,423

*2029 ATTORNEY GENERAL—INDUSTRIAL RELATIONS COMMISSION AND PROTECTED DISCLOSURES—Mr Clarke asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training— (1) What is the total costs incurred by the Attorney General's Department and Crown Solicitor's office (inluding expenditure on Counsel) in defending all proceedings in the Industrial Relations Commission by Ms Suzanne Burrows and the Attorney General's Department. (2) What mechanisms has the Attorney General's Department put in place to prevent bullying and harassment? (3) How many complaints of bullying and harassment have been received by the Attorney General's Department in the following periods: (a) 2003⁄2004? (b) 2004⁄2005? (c) 2005⁄2006? (d) 2007 to present? (4) How many protected disclosures (or documents seeking protection under the Protected Disclosures Act) were submitted to the Attorney General Department in the following periods: (a) 2003⁄2004? (b) 2004⁄2005? (c) 2005⁄2006? (d) 2007 to present? (5) How many documents submitted to the Attorney General's Department as protected disclosures were rejected as protected disclosures during the following periods: (a) 2003⁄2004? (b) 2004⁄2005? 2475 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(c) 2005⁄2006? (d) 2007 to present? (6) How many grievances were submitted by staff of the Attorney General's Department during the following periods: (a) 2003⁄2004? (b) 2004⁄2005? (c) 2005⁄2006? (d) 2007 to present? (7) How many grievances from staff of to the Attorney General's Department were upheld during the following periods: (a) 2003⁄2004? (b) 2004⁄2005? (c) 2005⁄2006? (d) 2007 to present? (8) How many grievances of staff of the Attorney General's Department were dismissed during the following periods: (a) 2003⁄2004? (b) 2004⁄2005? (c) 2005⁄2006? (d) 2007 to present?

Answer— (1) The matters concerning Ms Burrows and the Attorney General's Department are not all finalised. Furthermore, matters bought by Ms Burrows may be the subject of costs orders. Accordingly, the total cost of defending all matters cannot be ascertained at this time. (2) I refer the honourable member to the web-sites of the Department of Premier and Cabinet and the Attorney General's Department. I also refer the honourable member to the Attorney General's Department Annual Report for 2006-07. (3) I am advised: (a) 11 (b) 6 (c) 25 (d) 10 (4) I am advised: (a) 1 (b) 1 (c) 1 (d) 2 (5) I am advised: (a) 1 (b) 1 (c) 1 (d) One, with one matter currently under review. (6) I am advised: (a) 1 (b) 1 (c) 1 (d) 13 (7) & (8) Grievances are not upheld or dismissed. 2476 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*2030 INDUSTRIAL RELATIONS—WORKCOVER'S HANDLING OF PROTECTED DISCLOSURES—Mr Clarke asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance— (1) Of the protected disclosures submitted in 2002 to the present, has WorkCover failed to commence investigations of any of those protected disclosures within a six month period? (a) If so, (i) how many protected disclosures have not had investigations commenced within six months of the date the disclosures were submitted? (ii) will ICAC (Independent Commission Against Corruption) be called upon to conduct a full independent investigation into WorkCover's handling of protected disclosures, complaints and grievances? If not, why not? (iii) will the Minister ensure that WorkCover refers all unresolved protected disclosures, complaints and grievances to ICAC for urgent investigation? If not, why not? Of(2) the protected disclosures submitted in 2002 to the present, has WorkCover failed to have investigations concluded within six months of some of the protected disclosures being submitted? (a) If so, how many protected disclosures have not had investigations concluded within 6 months from the date the disclosures were submitted? (3) Will ICAC be called upon to conduct a full independent investigation into WorkCover's handling of protected disclosures, complaints and grievances? (a) If not, why not? (4) Do any of the protected disclosures contain information that relates to the conduct of those WorkCover officers assessing or presiding over the disclosures? (5) If there is any information in a protected disclosure that alleges or tends to show misconduct on the part of those assessing or presiding over the protected disclosures, including newspaper articles or Hansard documentation, will WorkCover refer those protected disclosures immediately to the ICAC for independent investigation? (a) If not, why not? (6) Will the Minister call upon the ICAC to ensure that those officers who have failed to declare a conflict of interest and have presided over a protected disclosure are fully investigated? (a) If not, why not? (7) What is WorkCover doing to protect whistle blowers and those that have submitted protected disclosures? (8) How many WorkCover Officers have resigned or are on secondment to other Government departments following their submission of a protected disclosure or grievance within the last five years? (9) Will the Minister ensure that WorkCover have maintained the confidentiality and protection of those officers who have submitted protected disclosures? (a) If not, why not? (10) Please name all WorkCover officers who have assessed or presided over Protected Disclosures since 2002 and what were their positions? (11) In view of media reports and Public Service Association surveys showing high levels of bullying and harassment by management of WorkCover and that a high percentage of WorkCover staff are suicidal, will the Minister ensure that a full independent investigation is undertaken into WorkCover's executive and why such conduct continues? (a) If not, why not?

Answer— Under the current Act, principal officers do not have the power to declare matters not to be protected disclosures. Section 22 contains detailed guidance on confidentiality for principal officers. Further, the Model Code of Conduct requires officers to manage conflicts of interest. The Government is currently considering the recommendations of the Committee on the Independent 2477 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Commission Against Corruption's report into the Review of the Protected Disclosures Act.

*2031 PRIMARY INDUSTRIES—ARTIFICIAL FOOD COLOURINGS—Dr Kaye asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) Is the Minister aware that a 2007 study conducted by Southampton University in the United Kingdom found that consumption of bright, artificial food colourings No. 102 tartrazine, 104 Quinoline yellow, 110 sunset yellow FCF, 122 carmoisine (red), 124 ponceau 4R (red), and 129 allura red AC had a "significantly adverse" impact on hyperactivity levels in children? (2) Is the Minister aware that the UK Food Standards Agency has called for manufacturers to voluntarily remove these six artificial food colourings from their products? (3) Does the Minister intend to take action to ban the addition of these six artificial colourings to food products? (a) If so, when will the Minister take any such action? (b) If not, what action does the Minister intend to take so that New South Wales consumers, particularly children with hyperactivity issues, do not consume these harmful artificial food colourings?

Answer— (1) -3. I am aware of research conducted in the United Kingdom into the possible effects of artificial food colours on children's behaviour which was published in September 2007 in the medical journal The Lancet. I am further aware that this study has been reviewed by experts in the United Kingdom and has been described by their Food Standards Agency as a "helpful additional contribution to our knowledge on the possible effects of artificial food colours on children's behaviour". Food Standards Australia New Zealand is also aware of the study and have been examining it, as have other food agencies around the world. I am advised that the European Food Safety Authority convened a panel of experts with expertise in behaviour, child psychiatry, allergy and statistics to consider the study. I am further advised that the European Food Safety Authority concluded that the study provided limited evidence that the mixtures of colours and sodium benzoate had an effect on the activity and attention of children in the general population and that there was not enough evidence to mandate a change to the current limits or use of these additives. The food colours in the United Kingdom study are approved as safe in Australia. Food Standards Australia New Zealand further advises that Australian food manufacturers use these colours in much lower levels that those used in the UK study. Food Standards Australian New Zealand has presently concluded that a change to the Australia New Zealand Food Standards Code (the Food Standards Code) in relation to this issue is not required at this point. Food Standards Australian New Zealand continues to monitor developments in this area. The composition and labelling of all Australian foods is governed by the Food Standards Code. The Food Standards Code is developed by Food Standards Australian New Zealand on a national level, through a transparent process involving high levels of public consultation. Additives, including artificial colours, may not be included in foods unless they are approved and included in the Food Standards Code. Current labelling requirements under the Food Standards Code require all food additives, including colours, to be identified in the mandatory ingredient list by their chemical names or designated additive numbers. These requirements are there to enable concerned consumers to identify and, if desired, to avoid products containing these additives.

*2032 PLANNING—WILPINJONG COALMINE—Ms Rhiannon asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Considering Wilpinjong coalmine in the Upper Goulburn River catchment has lodged a preliminary application to pipe water from the Ulan coalmine, what considerations will go into developing the Director General's requirements for the development application? Answer— The Director General's requirements were issued on 26 June 2008 and are available on the Department of 2478 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Planning website.

*2033 WATER—INDEPENDENT REGIONAL WATER STUDY—Ms Rhiannon asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Emergency Services, and Minister for Water— (1) Will the Government conduct an independent regional water study on the Upper Goulburn River in the western coalfields where the latest large coal mine projects have been approved, as has been done in the southern coalfields, Wyong area and Upper Hunter LGA. (a) If so, when? (2) Considering the Wilpinjong coalmine in the Upper Goulburn River Catchment has lodged a preliminary application to pipe water from the Ulan coalmine, who from the Department of Water and Energy will be examining this application? Answer— (1) This is a matter for the Minister for Planning to consider. (2) The on-selling of water from Ulan to Wilpinjong Coal can be undertaken on a commercial basis between the parties without reference to the Department of Water and Energy.

*2034 LANDS—DUSTHOLE BAY CAR PARK, BEROWRA WATERS—Ms Rhiannon asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development, and Acting Minister for the Central Coast— (1) Why has the Government agreed to the removal of the Dusthole Bay car park at Berowra Waters, a high-demand community resource that was constructed with federal funds on public land? (2) Why were employees of Cameron Brae Pty Ltd allowed to use the Dusthole Bay car park? (3) Was community consultation undertaken into the use by employees of Cameron Brae Pty Ltd'of the Dusthole Bay car park? (a) If not, why not?

Answer— (1) There has been no agreement to the removal of the Dusthole Bay car park. (2) The Dusthole Bay car park is available for use by the general public, on a first-come, first-serve basis. (3) Initial community consultation through the draft Plan of Management focussed on broader land use issues related to the reserve. Subsequent consultation related to the Development Application was managed by Hornsby Shire Council.

*2035 EMERGENCY SERVICES—NEW HOMES IN SEVEN HILLS AND TOONGABBIE—Ms Rhiannon asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Emergency Services, and Minister for Water— (1) The Blacktown Advocate of 18 June 2008 reports the Emergency Services Minister as announcing that 40 new houses were to be built in Seven Hills and Toongabbie and that three were already under construction. (a) (i) Did the Minister make this announcement? (ii) Why did the Minister for Emergency Services, rather than the Minister for Housing, make this announcement (b) Are 3 houses currently under construction, and 40 more planned? (i) If so, when will construction of the three houses be completed? (c) When will construction of the 40 houses commence? (2) (a) The same article in the Blacktown Advocate says that "when the Advocate asked for details, Mr 2479 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Rees' office said there were in fact no homes currently being built". (b) If the article is correct, why did the Minister announce construction of the three houses? (3) The article also noted that "Housing NSW admitted that it had no details of the projects and did not know when or [where] the homes would be built". (a) Is this report correct? (i) If so, (i) why did the Minister make his announcement? (ii) has the Minister issued a public correction or apology for his statement? If not, why not?

Answer— The information was provided in a Budget release for the electorate of Toongabbie in my role as the local Member. In relation to the three dwellings mentioned in my local release, all were in development stages with the construction of one now complete. Housing NSW advises that development applications have been lodged for the remaining dwellings.

*2036 HOUSING—SALE OF HOUSING NSW PROPERTIES—Ms Hale asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Housing, Minister for Tourism— (1) (a) Are any of the following properties advertised for sale on the Richardson and Wrench Rooty Hill website, currently or formerly owned by the NSW Land and Housing Corporation? (i) 7 Bond Place, Oxley Park? (ii) 11 Hammon Avenue, Doonside? (iii) 49 Copeland Road, Emerton? (iv) 6 Leyte Avenue, Lethbridge Park? (v) 27 Leyton Avenue, Lethbridge Park? (vi) 14 Field Place, Blackett? (vii) 33 Riddell Crescent, Blackett? (viii) 24 Koomooloo Crescent, Shalvey? (ix) 37 Koomooloo Crescent, Shalvey? (x) 6 Arnold Avenue, St Marys? (xi) 11 Saddington Street, St Marys? (xii) 13 Liddle Street North, St Marys? (xiii) 6 Laura Place, St Clair? (xiv) 9 Echo Close, Penrith? (xv) 11 Fisher Avenue, South Penrith? (b) If so, which? (2) Do all properties owned by the NSW Land and Housing Corporation include a stipulation in contracts of sale specifying that they are to be sold to owner-occupation buyers only? (3) Are Lots 1, 2 and 3 of Beams Avenue, Rooty Hill, currently or formerly, in the ownership of the NSW Land and Housing Corporation? (4) Are there any other properties on the Richardson and Wrench Rooty Hill website that are currently or formerly owned by the NSW Land and Housing Corporation? (a) If so, (i) are⁄were any being sold for an advertised price, rather than by auction, for example in Penrith, Riverstone, or in other locations without an address being cited? (ii) what are the corruption risks associated with these properties being sold at a fixed price? (iii) how is Housing NSW monitoring the way in which these properties are being sold?

Answer— (1) a) All the identified properties, with the exception of 7 Bond Place, Oxley Park, are currently owned by the NSW Land and Housing Corporation and set down for sale by public auction on 7 July 2008. 2480 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

b) Refer to (a) above. 2..No. Housing NSW has an obligation to sell properties at market value to ultimately deliver more properties in other locations to those most in need. 3.No. 4. Yes. a) i. All of these properties are initially offered for sale by auction and if not sold under the process are subsequently listed for sale by Richardson & Wrench with advertised price and suburb cited. Street number and address of properties are not cited. ii. N⁄A. Refer to Housing NSW's website at www.housing.nsw.gov.au for further information on its policies. iii. Refer to Housing NSW's website at www.housing.nsw.gov.au for further information on its policies.

*2037 HOUSING—NEW HOUSING IN SEVEN HILLS AND TOONGABBIE—Ms Hale asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Housing, Minister for Tourism— The Blacktown Advocate on 18 June 2008 reported the Minister for Emergency Services, Nathan Rees, as announcing that Housing NSW was intending to build 40 new houses in Seven Hills and Toongabbie and that three were already under construction. (1) Was Mr Rees' announcement correct? (a) If so, (i) when will construction of the three houses be completed? (ii) when will construction of the 40 houses commence? (2) Why did the Emergency Services Minister, rather than the Minister for Housing make this announcement? (3) In the 2007-2008 financial year, in light of the trend to sell Housing NSW stock in the Blacktown LGA, what net loss⁄gain in public housing stock is expected, if current sales and projected new stock is taken into account? Answer— 1. The statement was correct. The future program was understated. (i) There is one dwelling under construction, one was completed in May 2008 and one dwelling currently at tender stage with commencement imminent. (ii) Development Applications have been lodged for a further 39 dwellings which are scheduled to be constructed during the 2009⁄10 program year and Development Applications are also in the process of being prepared for a further 6 dwellings with construction timeframes still to be set. 2. The Minister for Emergency Services was making a statement about a number of issues relevant to his electorate.3. There has been a net loss of 5 units of housing stock in the Blacktown LGA during 2007⁄2008 as part of Housing NSW's long term strategy to reconfigure the profile of its property portfolio across the State to better meet contemporary demand by both location and property type.

*2038 TREASURER—SALE OF DENHAM COURT LAND—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter— (1) On 22 February 1994, did Westcoast Development purchase for $885,000 crown land (lots 24 and 25, Culverston Avenue, Denham Court), which had formed part of a transport⁄infrastructure corridor reserve? (2) Was lot 25 onsold on 19 April 1994 to Surfrace Pty Ltd for $442,500, which then onsold it on 10 May 1996 to the State Rail Authority for $1,700,000? (3) What is the explanation for the Crown selling lot 25 for $442,500 in February 1994 and State Rail Authority repurchasing it in May 1996 for $1,700,000 for almost four times the original sale price? (4) Was lot 24 also purchased by Surfrace Pty Limited for $442,500, and subsequently onsold by 2481 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

Surfrace P⁄L to State Rail Authority on 10 May 1996 for $17 million? (5) What is the explanation for the Crown selling lot 24 for $442,500 in February 1994 and the State Rail Authority repurchasing it in May 1996 for $17 million for approximately 35 times the original price? (6) Has the Minister referred the sale⁄acquisition of these properties to either the Auditor-General or the Independent Commission Against Corruption? (7) Is it the intention to retain both lots in public ownership? (a) If not, when and how will the land be disposed of?

Answer— I'm advised that: West Coast Developments owned a large package of land, including lots 24 and 25 Culverston Avenue Denham Court, as at September 1989. At that time the land was not reserved as part of a transport⁄infrastructure corridor reserve. On or around April 1994, West Coast Developments sold lots 24 and 25 to Surfrace Pty Ltd for $885,000. On or around 31 May 1996, Surfrace Pty Ltd sold lots 24 and 25 to the State Rail Authority (SRA) for a total of $1.7 million. The value was considered to be at market for the combined parcel purchased, taking into account other options potentially available to Surfrace with regards to the property. Both lots were transferred from SRA to Rail Corporation, NSW following establishment of the Corporation from January 2004. There are no current plans for disposal of the properties.

*2039 LANDS—SALE OF DENHAM COURT LAND—Ms Hale asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development, and Acting Minister for the Central Coast— (1) On 22 February 1994, did Westcoast Development purchase for $885,000 crown land (lots 24 and 25, Culverston Avenue, Denham Court), which had formed part of a transport⁄infrastructure corridor reserve? (2) Was lot 25 onsold on 19 April 1994 to Surfrace Pty Ltd for $442,500, which then onsold it on 10 May 1996 to the State Rail Authority for $1,700,000? (3) What is the explanation for the Crown selling lot 25 for $442,500 in February 1994 and State Rail Authority repurchasing it in May 1996 for $1,700,000 for almost four times the original sale price? (4) Was lot 24 also purchased by Surfrace Pty Limited for $442,500, and subsequently onsold by Surfrace P⁄L to State Rail Authority on 10 May 1996 for $17 million? (5) What is the explanation for the Crown selling lot 24 for $442,500 in February 1994 and the State Rail Authority repurchasing it in May 1996 for $17 million for approximately 35 times the original price? (6) Has the Minister referred the sale⁄acquisition of these properties to either the Auditor-General or the Independent Commission Against Corruption? (7) Is it the intention to retain both lots in public ownership? (a) If not, (i) when and how will the land be disposed of?

Answer— The land in question is not Crown land.

*2040 TRANSPORT—SALE OF DENHAM COURT LAND—Ms Hale asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance representing the Deputy Premier, Minister for Transport, Minister for Finance— (1) On 22 February 1994, did Westcoast Development purchase for $885,000 Crown land (lots 24 and 25, Culverston Avenue, Denham Court), which had formed part of a transport⁄infrastructure corridor reserve? (2) Was lot 25 onsold on 19 April 1994 to Surfrace Pty Ltd for $442,500, which then onsold it on 10 May 1996 to the State Rail Authority for $1,700,000? 2482 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(3) What is the explanation for the Crown selling lot 25 for $442,500 in February 1994 and State Rail Authority repurchasing it in May 1996 for $1,700,000 for almost four times the original sale price? (4) Was lot 24 also purchased by Surfrace Pty Limited for $442,500, and subsequently onsold by Surfrace P⁄L to State Rail Authority on 10 May 1996 for $17 million? (5) What is the explanation for the Crown selling lot 24 for $442,500 in February 1994 and the State Rail Authority repurchasing it in May 1996 for $17 million for approximately 35 times the original price? (6) (a) Has the Minister referred the sale⁄acquisition of these properties to either the Auditor-General or the Independent Commission Against Corruption? (b) If not, why not? (7) Is it the intention to retain both lots in public ownership? (a) If not, (i) when and how will the land be disposed of?

Answer— I am advised: RailCorp reports on the sale and acquisition of land in its annual report, as required by the Annual Reports (Statutory Bodies) Regulation 2005 and the Annual Reports (Statutory Bodies) Act 1984.

*2041 PLANNING—POLITICAL DISCLOSURES—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Under the new section 147 of the Environmental Planning and Assessment Act, as amended by the Local Government and Planning Legislation Amendment (Political Disclosures) Bill 2008, does a developer submitting a relevant planning application to a local council not have to disclose, at that time, any donation that the developer has made to a political party? (2) Under the clause 7.23 of the new Code of Conduct for Councillors, if a councillor has received a donation from a developer of greater than $1000 directly into their own campaign account must, if that developer makes a relevant planning application to the council, declare a significant non- pecuniary interest in that application and not vote on the application? (3) Under clause 7.24 of the new Code of Conduct for Councillors, if a political party to which a councillor belongs has received a donation in excess of $1000 from a developer, does the councillor have the discretion, if that developer makes a relevant planning application to the council, to declare or not declare a significant non-pecuniary interest in that application and has the discretion to vote or not to vote on the application? (4) Why are donations direct to campaign accounts and donations to central party accounts treated differently under the Code and the Act? Answer— (1) A developer must, when submitting a relevant planning application to a local council, disclose all reportable political donations. The donations made within 2 years before the application is made and ending when the application is determined. (2) This question should be directed to the Minister for Local Government. (3) This question should be directed to the Minister for Local Government. (4) All donations are treated the same whether they are to individual councillors or councillors who are members of a group or a political party.

*2042 LOCAL GOVERNMENT—POLITICAL DISCLOSURES—Ms Hale asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development, and Acting Minister for the Central Coast representing the Minister for Local Government, Minister for Aboriginal Affairs, Minister Assisting the Minister for Health (Mental Health)— 2483 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(1) Under the new section 147 of the Environmental Planning and Assessment Act, as amended by the Local Government and Planning Legislation Amendment (Political Disclosures) Bill 2008, does a developer submitting a relevant planning application to a local council not have to disclose, at that time, any donation that the developer has made to a political party? (2) Under the clause 7.23 of the new Code of Conduct for Councillors, if a councillor has received a donation from a developer of greater than $1000 directly into their own campaign account must, if that developer makes a relevant planning application to the council, declare a significant non- pecuniary interest in that application and not vote on the application? (3) Under clause 7.24 of the new Code of Conduct for Councillors, if a political party to which a councillor belongs has received a donation in excess of $1000 from a developer, does the councillor have the discretion, if that developer makes a relevant planning application to the council, to declare or not declare a significant non-pecuniary interest in that application and has the discretion to vote or not to vote on the application? (4) Why are donations direct to campaign accounts and donations to central party accounts treated differently under the Code and the Act? Answer— I provide the following details in response to your questions: (1) This question should be directed to the Minister representing the Minister for Planning, as it relates to amendments to the Environmental Planning and Assessment Act 1979. (2) Yes. (3) No. Section 7.22 of the Model Code of Conduct informs section 7.24 of the Code. (4) Under the Model Code of Conduct, all donations, whether to individual councillors or councillors who are members of a group or political party, are treated the same. The question in relation to the amendments to the Environmental Planning and Assessment Act 1979 should be directed to the Minister representing the Minister for Planning.

*2043 CLIMATE CHANGE AND THE ENVIRONMENT—MARSHALL MOUNT TO CALDERWOOD VALLEY—Ms Hale asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)— (1) Under the term of office of Mr David Broyd as Manager of planning at Wollongong Council, was it proposed that the valley from Mount Marshall to Calderwood be preserved as a riparian corridor? (2) Was this valley recognised by the NSW Scientific Committee for is ecological significance? (3) Is there now a proposal to allow residential development within this valley? (4) Why has the policy of preserving this valley as a riparian corridor been changed? (5) Has the Department of Environment and Climate Change been consulted about this proposal? (a) If so, what views were expressed by the Department? (b) If not, why not?

Answer— (1) I am advised that part of the land between Mount Marshall and Calderwood is identified under the draft West Dapto Local Environmental Plan as the Yallah Marshall Mount Environmental Corridor. The draft Plan provides for the environmental protection of this area and for limited development. (2) No. (3) I understand that the draft West Dapto Local Environmental Plan would allow limited development within the Yallah Marshall Mount Environmental Corridor. (4) Questions regarding local planning decisions should be directed to Wollongong City Council. (5) Wollongong City Council requested formal advice of the Department of Environment and Climate Change when the draft West Dapto Local Environmental Plan was placed on public exhibition. In its advice to Council, the Department emphasised the environmental importance of the corridor 2484 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*2044 PLANNING—MARSHALL MOUNT TO CALDERWOOD VALLEY—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Under the term of office of Mr David Broyd as Manager of planning at Wollongong Council, was it proposed that the valley from Mount Marshall to Calderwood be preserved as a riparian corridor? (2) Was this valley recognised by the NSW Scientific Committee for is ecological significance? (3) Is there now a proposal to allow residential development within this valley? (4) Why has the policy of preserving this valley as a riparian corridor been changed? (5) Has the Department of Environment and Climate Change been consulted about this proposal? (a) If so, what views were expressed by the Department? (b) If not, why not?

Answer— (1) I am not in possession of details relating to Mr David Broyd's exact term of office as Manager of Planning with Wollongong City Council. However, under the draft West Dapto Local Environmental Plan, the Marshall Mount Environmental Precinct has been identified as an environmental priority area which permits limited urban development. The Department of Planning advises: (2) No. (3) Yes. (4) The policy of prioritising environmental outcomes within the Marshall Mount Environmental Precinct is unchanged. (5) Yes DECC's submission to Wollongong City Council on the draft LEP states "with respect to the Yallah Marshall Mount Environmental Corridor, DECC supports the current dLEP".

*2045 PLANNING—URBAN CONSERVATION AREAS—Ms Rhiannon asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) If a house is not heritage-listed or is not in a conservation area, can demolition of such a house be stopped? (2) Why have the proposed Urban Conservation Areas for Ku-ring-gai and draft LEPs for Heritage listings in Ku-ring-gai not been gazetted? (3) What grounds exist to offer protection for the proposed Urban Conservation Areas in Ku-ring-gai or the significant heritage items within Ku-ring-gai that are not currently gazetted? (a) Given that the reforms to the Environmental Planning and Assessment Act have now been passed, will the Minister immediately gazette the proposed Urban Conservation Areas and any outstanding draft LEPs for Heritage listings for Ku-ring-gai in order that legitimate grounds for protection of these important heritage areas is established? (i) If not, why not? (4) Does the Minister intend to gazette any and⁄or all of the proposed Urban Conservation Areas and any outstanding draft LEPs for Heritage listings for Ku-ring-gai? (a) If not, why not? (5) What assurance can the Minister give that the proposed Urban Conservation Areas and the significant heritage items within Ku-ring-gai that are not currently gazetted will not be adversely impacted by the newly passed reforms to the Environmental Planning and Assessment Act 1979 before these items are gazetted? Answer— (1) 1. Under the draft NSW Housing Code it is proposed that demolition of a single storey house would be allowed where it enables the erection of a new single storey house approved as a complying development under this code. Demolition of other ancillary structures is also proposed where it makes way for a structure or building work approved as complying development under this code. It 2485 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

is proposed that demolition could also occur without any approval, as "exempt development", where it is to make way for a structure or building that can be erected as exempt development under this code. Demolition is not permitted under the code for heritage items and conservation areas. The codes are in draft form and were put out for public consultation. I understand the Department of Planning is now reviewing submissions. I am advised: (2) Rather than gazettal of these single issue heritage LEPs, heritage conservation areas may be included in the future Principal LEP for the Ku-ring-gai local government area (LGA). This LEP is currently being prepared by Council. (3) While interim and permanent protective measures exist under the Heritage Act for State Significant heritage places, it is more appropriate that the management of these conservation areas is considered in an integrated manner through the planning system. (4) See answers 2 and 3 above. (5) No. These single issue draft LEPs did not provide a comprehensive strategic planning review of Ku- ring-gai LGA and its town centres. (6) Any strategic planning review to prepare a new LEP for the town centres or Ku-ring-gai LGA will need to consider the potential of heritage significance, where relevant.

*2046 PRIMARY INDUSTRIES—LAKE COWAL GOLD MINE—Ms Rhiannon asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) Was WorkCover informed when a pit wall at the Lake Cowal gold mine collapsed? (a) If so, was the report made on the day of the collapse? (b) If not, how many days after the collapse was the report made? (2) Did a WorkCover inspector investigate the collapse? (a) If so, did the inspector visit the mine to make the inspection? (3) Were any workers injured when the pit wall collapsed? (a) If so, (i) how many workers were injured? (ii) what was the nature of their injuries? (4) What machines were buried in the pit wall collapse? (5) Has WorkCover ordered any changes in work practices at the Lake Cowal gold mine since this accident occurred? (a) If so, what changes have been ordered?

Answer— I am advised that the relevant area is not within WorkCover's jurisdiction. It was reported to the Mine Safety Operations Branch of the Department of Primary Industries (NSW DPI) as required by governing legislation (Mines Inspection Act 1901) on the 20 December 2007 (the same day as the collapse). No WorkCover inspector investigated the collapse however a DPI inspector did visit on four occasions as a part of the investigation. I am further advised that no workers were injured in any way and that there were no machines buried in the pit wall collapse and there was no damage to any machine as a consequence of the collapse. A prohibition notice under section 93 of the Occupational Health and Safety Act 2000 was issued by NSW DPI that required a managed recovery of the mining operation. As part of the outcomes I am advised the mine design has been changed with a shallower slope angle and refinements made to triggers.

*2047 MINERAL RESOURCES—EXPLORATION DRILLING PROGRAM—Ms Rhiannon asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) What is the purpose of the Government exploration drilling program currently being conducted in the Laheys Creek area in Central West New South Wales? 2486 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(a) What is the quality of the coal that the exploration has discovered so far? (b) What is the depth of the coal seam? (c) When will the drilling program be finalised? (d) Is the Government planning to tender out commercial exploration licenses to develop up more coal mining in this area? (e) When will the tenders be advertised? (2) Does a coal exploration license need to go to tender if the resource is known to be less than 20 million tonnes? (3) Is a coal mine project developed to extract less than 20 million tonnes considered to be of state significance? (4) Has the Minister granted mining leases over the entire area of the Moolarben Stage 1 project , approved in September 2007? Answer— (1) The Department of Primary Industries drilling program in the Laheys Creek area is part of an ongoing regional identification of the state's mineral resources.(a) The assessment program is ongoing and final results are not available in respect of coal quality.(b) The coal seams range in depth from zero to several hundred metres.(c) The current phase of the drilling program is expected to be completed towards the end of this calendar year.(d) The Government has not made a decision regarding the future development of this resource.(e) See answer to (1) (d).(2) No.(3) This question should be referred to the Minister for Planning. (4) No.

*2048 LOCAL GOVERNMENT—WARRINGAH COUNCIL—Ms Ficarra asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development, and Acting Minister for the Central Coast representing the Minister for Local Government, Minister for Aboriginal Affairs, Minister Assisting the Minister for Health (Mental Health)— (1) In reference to previous advice and letters to members of the public from the Minister for Local Government that complaints concerning Warringah Council and Dick Persson's handling of the Dee Why Town Centre should be referred to the Minister for Planning, is the Minister aware that the Department of Planning has written to complainants advising "The Department of Local Government also has powers to investigate Council under the Local Government Act 1993. You may wish to approach the Department of Local Government with your concerns"? (2) In reference to previous advice from the Minister for Local Government and Department of Local Government that complaints about Warringah Council and⁄or Mr Dick Persson should be referred to the General Manager of Warringah Council, has Mr Persson has written to complainants advising them that should they have any complaints they should refer them to the Minister for Local Government? (3) (a) In view of 1 and 2, will the Department fully investigate all complaints received by the Minister and Department to date concerning Warringah Council and⁄or Dick Persson and respond accordingly to those people who have submitted such complaints? (b) If not, why not? (4) (a) Why haven't allegations of Mr Persson's serious misconduct continually not been investigated? (b) Why was the appointment of Mr Persson as Administrator of Port Macquarie-Hastings Council recommended in view of the serious allegations that have been raised in the Queensland and New South Wales Parliaments concerning Mr Perssons' conduct?

Answer— I provide the following details in response to your questions: The Department of Local Government has a complaints handling function, however its specific statutory role is in relation to pecuniary interest matters, councillor misbehaviour and protected disclosures relating to serious and substantial waste. The Department's broader complaints handling policy is to focus on 2487 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

complaints indicating there has been a serious breakdown in council operations or serious flaws in key council processes. Queries about Mr Persson's correspondence should be directed to him. The Department of Local Government and I have referred complaints concerning the conduct of Mr Persson to the Department of Premier and Cabinet. Previous questions raised in NSW Parliament regarding Mr Persson have been answered. I refer you to the responses that have been provided.

*2049 INDUSTRIAL RELATIONS—INDUSTRIAL RELATIONS COMMISSION—Ms Rhiannon asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance— (1) Is the Government intending to retain the Industrial Relations Commission in its current form? (a) If not, why not? (2) Has the Government cut back resources for the Industrial Relations Commission? (a) If so, why? (3) Has the Minister for Industrial Relations or any other minister had communications with the Federal Government about taking over industrial relation responsibilities in New South Wales? Answer— Together with the other States and the Territories, the NSW Government is in dialogue with the Federal Government about the future of industrial relations regulation in Australia. Those discussions are ongoing and have not concluded, consequently no decisions about these matters have been made at this stage. In the meantime, the New South Wales industrial relations system continues to deliver fair and balanced outcomes for employers and employees in this State. All agencies across Government including courts and tribunals are required to produce efficiencies that will reduce costs. I understand however, that the budget allocation for this year will be sufficient for the Commission to acquit its responsibilities in a timely and effective manner.

*2050 ROADS—HOUSE DAMAGES CAUSED BY RUNAWAY CARS—Mr Gay asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance— (1) What avenues for redress are available to constituents who have had their house damaged by a runaway car? (2) Can police charge a driver with an offence of not properly securing their car? (3) Is there a provision in the current legislation that covers a person being injured by a runaway car? Answer— I am advised This question is more appropriately directed to the Minister for Police. Depending on the particular circumstances of each case, the homeowner may have redress against a number of parties, including the driver of the runaway vehicle, the insurer of the motor vehicle and also the homeowner's own home insurer.

*2051 HEALTH—SPENDING IN PUBLIC HOSPITALS—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Health— (1) Did the Australian Institute of Health and Welfare expenditure data for 2005-06 show that non- government spending in public hospitals was $1.8 billion, a 20 per cent increase from the previous year? (2) What has been the amount of such non-government spending in New South Wales public hospitals in 2005-06 and 2006-07? (3) (a) According to the latest State of Our Public Hospitals report, were· almost 600,000 private 2488 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

patients treated in public hospitals in 2005-06? (b) Were approximately 400,000 of these private patients covered by private health insurance, equating to about 10 per cent of public hospital admissions? (c) Beyond these, are there also veterans, patients covered by compensation and patients who self- insure? (4) (a) How many public and how many private patients were treated in New South Wales public hospitals in 2005-06 and 2006-07? (b) In 2005-06 and 2006-07, how many of these private patients were: (i) covered by private health insurance? (ii) veterans? (iii) patients covered by compensation? (iv) patients who self-insure?

Answer— I have been advised by the Minister for Health:- (1) to (4) inclusive The information sought by the Member is publically available from the following Australian Institute of Health and Welfare reports: Health expenditure 2005-06: http:⁄⁄www.aihw.gov.au⁄publications⁄index.cfm⁄title⁄10529 Australian Hospital Statistics 2005-06: http:⁄⁄www.aihw.gov.au⁄publications⁄index.cfm⁄title⁄10455 Australian Hospital Statistics 2006-07: http:⁄⁄www.aihw.gov.au⁄publications⁄index.cfm⁄title⁄10587 State of our Public Hospitals report: http:⁄⁄www.health.gov.au⁄internet⁄main⁄publishing.nsf⁄Content⁄health- ahca-sooph-index07.htm

*2052 PLANNING—WOLLONGONG HARBOUR—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Under the draft 2007 Wollongong City Centre LEP, is the water in Wollongong Harbour zoned W3 " working waterway"? (2) The night before Wollongong Council was dismissed, did Wollongong Council endorse an amendment to remove all references on this document to "recreational waterways"? . (3) Is by definition a working waterway, exclusive of recreational waterways, under the portfolio of the Minister for Ports? (4) Given that the Blue Mile Masterplan Wollongong Council endorsed did not refer to marinas, and state government proposals for the future of Wollongong Harbor in the public media include a marina, is the Minister for Ports a signatory to the Memorandum of Understanding Wollongong Council has signed with the state government? (5) Was Joe Scimone employed by the Minister for Ports at any time during the negotiations between Wollongong Council and the state government with respect to the future of Wollongong Harbour? (6) In Council business on 24 June 2008 did the Wollongong Council administrators endorse the draft 2009 Wollongong LEP? (7) Are you aware that on 20 June 2008 residents in the electorate of Keira had sent a submission to the General Manager of Wollongong Council in relation to the sites listed in Questions on Notice from myself for Mr Sartor on 4 June 2008? (8) Are you aware that that submission contained allegations of collusion by senior Wollongong Council staff in relation to the reclassification of environmentally protected public land in Joanne St Woonona? (9) On 24 June 2008 did Wollongong Council administrators remove all reclassifications from the 2009 draft Wollongong LEP? (10) Do the 24 June 2008 Council minutes state 35 parcels of open space were identified as surplus to Councils needs but Council minutes dated 4 December 2006 stated Council had identified 36? 2489 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(11) On the draft 2009 LEP endorsed by Wollongong Council on 24 June 2008 has the site specific rezoning in favour of the Village Building Company which appeared on earlier drafts been deleted? Answer— The Department of Planning advise: (1) Under the draft Wollongong City Centre LEP 2006 and in the adopted Wollongong City Centre LEP 2007 the water in Wollongong Harbour is unzoned. (2) This question should be directed to Wollongong City Council. (3) The Working Waterway zone under the Standard Instrument for Local Environmental Plans is intended for waterways which are primarily used for shipping, port, transport and other working uses. The zone recognises that there may also be recreational uses of the waterway. Questions on the portfolio of the Minister for Ports should be directied to the Minister for Ports. (4) This question should be directed to the Minister for Ports and⁄or Wollongong City Council. (5) This question should be directed to the Minister for Ports. (6) The Department has been advised that at the Wollongong City Council meeting on 24 June 2008 the draft Wollongong LEP 2009 was endorsed for referral to the Department to request a certificate to enable public exhibition. (7) No I am not aware of this submission. (8) No. (9) This question should be directed to Wollongong City Council. (10) This question should be directed to Wollongong City Council. (11) This question should be directed to Wollongong City Council.

*2053 HEALTH—PRIVATE PATIENT REVENUE TARGETS—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Health— (1) (a) Does anyone set private patient revenue targets for New South Wales public hospitals? (b) If so, who set the targets? (2) What was⁄is the total target for private patient revenue for New South Wales public hospitals in: (a) 2005-06? (b) 2006-07? (c) 2007-08? (d) 2008-09? (3) What was⁄is the total private patient revenue for New South Wales public hospitals in: (a) 2005-06? (b) 2006-07?

Answer— I have been advised by the Minister for Health:- (1) (a) Yes, Private Patient Revenue Budgets for NSW public hospitals are set annually. (b) The budgets are set by Area Health Services. (2) Budgets at an aggregate level for all NSW public hospitals were $311M in 2005⁄06, $356M in 2006⁄07 and $366M in 2007⁄08. Area⁄Hospital budgets are being prepared for 2008⁄09 patient fees revenues. (3) The total private patient revenue for NSW public hospitals for the two years requested were $315.9M for 2005⁄06 and $341.9M for 2006⁄07. 2490 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*2054 LOCAL GOVERNMENT—WOLLONGONG HARBOUR—Ms Hale asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development, and Acting Minister for the Central Coast representing the Minister for Local Government, Minister for Aboriginal Affairs, Minister Assisting the Minister for Health (Mental Health)— (1) Under the draft 2007 Wollongong City Centre LEP, is the water in Wollongong Harbour zoned W3 " working waterway"? (2) The night before Wollongong Council was dismissed, did Wollongong Council endorse an amendment to remove all references on this document to "recreational waterways"? . (3) Is by definition a working waterway, exclusive of recreational waterways, under the portfolio of the Minister for Ports? (4) Given that the Blue Mile Masterplan Wollongong Council endorsed did not refer to marinas, and state government proposals for the future of Wollongong Harbor in the public media include a marina, is the Minister for Ports a signatory to the Memorandum of Understanding Wollongong Council has signed with the state government? (5) Was Joe Scimone employed by the Minister for Ports at any time during the negotiations between Wollongong Council and the state government with respect to the future of Wollongong Harbour? (6) In Council business on 24 June 2008 did the Wollongong Council administrators endorse the draft 2009 Wollongong LEP? (7) Are you aware that on 20 June 2008 residents in the electorate of Keira had sent a submission to the General Manager of Wollongong Council in relation to the sites listed in Questions on Notice from myself for Mr Sartor on 4 June 2008? (8) Are you aware that that submission contained allegations of collusion by senior Wollongong Council staff in relation to the reclassification of environmentally protected public land in Joanne St Woonona? (9) On 24 June 2008 did Wollongong Council administrators remove all reclassifications from the 2009 draft Wollongong LEP? (10) Do the 24 June 2008 Council minutes state 35 parcels of open space were identified as surplus to Councils needs but Council minutes dated 4 December 2006 stated Council had identified 36? (11) On the draft 2009 LEP endorsed by Wollongong Council on 24 June 2008 has the site specific rezoning in favour of the Village Building Company which appeared on earlier drafts been deleted? Answer— I provide the following details in response to your questions: While planning and development are often local government functions, they are not functions of councils controlled by the Local Government Act 1993 and therefore do not fall within the local government portfolio. The Member may therefore wish to direct her questions to the Minister representing the Minister for Planning or raise her questions directly with the Administrators of Wollongong City Council. In regard to questions regarding Wollongong Harbour, the Member may wish to direct her questions to the Minister representing the Minister for Ports and Waterways.

*2055 PORTS AND WATERWAYS—WOLLONGONG HARBOUR—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Small Business, Minister for Regulatory Reform, Minister for Ports and Waterways— (1) Under the draft 2007 Wollongong City Centre LEP, is the water in Wollongong Harbour zoned W3 " working waterway"? (2) The night before Wollongong Council was dismissed, did Wollongong Council endorse an amendment to remove all references on this document to "recreational waterways"? (3) Is by definition a working waterway, exclusive of recreational waterways, under the portfolio of the Minister for Ports? (4) Given that the Blue Mile Masterplan Wollongong Council endorsed did not refer to marinas, and Government proposals for the future of Wollongong Harbor in the public media include a marina, is the Minister for Ports a signatory to the Memorandum of Understanding Wollongong Council has signed with the state government? 2491 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(5) Was Joe Scimone employed by the Minister for Ports at any time during the negotiations between Wollongong Council and the Government with respect to the future of Wollongong Harbour? Answer— (1) This is a matter for Wollongong Council. (2) This is a matter for Wollongong Council. (3) No. (4) No. The Blue Mile Masterplan is a matter for the Minister of Lands and Wollongong Council. (5) Joe Scimone was never employed by the Minister for Ports and Waterways.

*2056 HEALTH—PATIENT LIAISON OFFICERS—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Health— (1) Which New South Wales public hospitals employ dedicate Patient Liaison Officers or other such persons whose principal function is to persuade patients and their families to go private? (2) Has any New South Wales public hospital employee offered any financial and other incentive such as paying medical gaps, writing off health fund co-payments and writing off health fund excesses that an insured patient otherwise would incur under his or her policy, to persuade a patient to use their private health insurance? (a) If so, how many patients were offered and accepted such incentives in 2005-06 and 2006-07?

Answer— I have been advised by the Minister for Health:- (1) It has been NSW Health policy since June 2003 that all NSW public hospitals establish a Patient Liaison Officer function. Hospitals were to assess whether this role should be full-time or part-time, stand-alone or part of other duties. The principle function of Patient Liaison Officers is to ensure that admission and election procedures conform to the National Standards for Public Hospital Admitted Patient Election Processes and that patients have been provided with complete and accurate information to allow them to make their own informed election decision as to whether to be a public or private patient. (2) (a) Patients with private health insurance are provided with complete and accurate information to allow them to make their own informed election decision as to whether to be private and have doctor of choice or a public inpatient. (b) The diversion of public resources necessary to specifically answer this question is not justifiable.

*2057 HEALTH—PAYMENTS FROM HEALTH INSURANCE FUNDS—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Health— (1) The recent submission from The Australian Private Hospitals Association to The National Health and Hospitals Reform Commission states: "The current arrangements enable the States and Territories to both double-dip revenue and cost-shift by receiving payments from health insurance funds for the treatment of private patients in addition to the funding already received from the Australian Government for the treatment of all members of the jurisdiction's population should they require hospital care. This double-dip also imposes an extra cost on health insurers (now running at some $500 million per year) which they must pass on to their contributors through higher premiums. The double-dip also shifts extra costs to the Australian Government via additional payments under the Medicare Benefits Schedule.": (a) How much extra cost did such double-dip impose on health insurers covering New South Wales public hospital patients in 2005-06 and 2006-07? (b) What was the value of payments under the Medicare Benefits Schedule to New South Wales public hospital patients in 2005-06 and 2006-07? 2492 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(2) Will the Australian Private Hospitals Association recommendation to impose a cap on private inpatient admissions on public hospitals in the next Australian Health Care Agreements, initially set at 10 per cent of total admissions for 2007-08, decreasing to five per cent at the end of the five-year AHCA, be supported? (a) If not, why not? (3) In what other ways will the concerns of the Australian Private Hospitals Association about the growth in private patient revenue of public hospitals be addressed? Answer— I have been advised by the Minister for Health:- (1) (a) Treating private patients in public hospitals is not double dipping. The Australian Government through the Australian Health Care Agreement provides funding for the treatment of public patients only. (b) If available, this information is held by Medicare Australia, an Australian Government body. (2) and (3) inclusive These issues are among the matters being considered by the National Health and Hospitals Reform Commission, a body appointed by the Australian Government to provide advice on performance benchmarks and practical reforms to the Australian health system which could be implemented in both the short and long term. By June 2009 the Commission is to report on a long-term health reform plan to provide sustainable improvements in the performance of the health system.

*2058 POLICE—WEBSITE TARGETING YOUNG DRINKERS—Revd Mr Nile asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance representing the Minister for Police, Minister for the Illawarra— (1) Is the Minister aware of the practice of licensed premises targeting young drinkers with pornographic and obscene websites featuring blogs where high risk behavior with alcohol is promoted? (2) Does the Minister believe that the message at www.myspace.silkiguanas.com is consistent with the principle of responsible service of alcohol? (3) Can the Minister confirm that the licensee of the establishment responsible for this website is the chairman of the Gosford Liquor Accord? (4) What action if any, does the Minister propose to take in relation to this matter? Answer— The NSW Police Force has advised me: (1) If any licensee is detected as breaching licensing laws, the NSW Police Force is charged with investigating. (2) The Myspace webpage mentioned does not identify its creator. Neither does a viewing of this webpage detect any apparent offence which would justify further police investigation in this regard. (3) The Myspace page is the responsibility of the individual who created it. (4) The NSW Police Force does not intend to initiate any investigation in relation to this matter. Should any information come to light which would suggest a criminal offence has been committed, it should be referred to the relevant Local Area Command so that appropriate inquiries may be made. Licensing police liaise with proprietors of licensed premises on an ongoing basis regarding the responsible service of alcohol.

*2059 ENERGY—STATE'S LIQUID FUEL EMERGENCY PLAN—Ms Rhiannon asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) When was the State's Liquid Fuel Emergency Plan last updated? (2) What input did the Government receive from academics, industry and community groups in drawing 2493 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

up this plan? (3) Is it available for interested parties to read? (i) If not, when will it be made public?

Answer— (1)-(3) A major update of the NSW Petroleum Supply Disruption Response Plan is currently being prepared by the Department of Water and Energy. A Discussion Paper seeking comment from interested parties is planned to be released later this year.

*2060 HEALTH—ABORIGINAL MEDICAL SERVICE—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Health— Has NSW Health given consideration to the Aboriginal Medical Service being recognised as a training resource for new doctors and health care workers to increase such personnel in aboriginal communities? Answer— I have been advised by the Minister for Health:- The Council of Australian Governments (COAG) agreed the Commonwealth and States⁄Territories would establish a system of rotation for specialist trainees through an expanded range of settings beyond traditional public teaching hospitals. NSW has developed conditions for implementation of the Commonwealth-funded Expanded Specialist Training Program to support the COAG initiative. Speciality training leading to specialist qualifications must be undertaken in accredited training positions. Specialist training Colleges accredit training positions against their own standards. Training positions must meet supervision and educational requirements. Accordingly, for there to be trainee positions in an Aboriginal Medical Service, the Service would need to be accredited for training. The Aboriginal Medical Service would also need to be funded by the Commonwealth through the Expanded Specialist Training Program as a non-government organisation and provide its own appropriate indemnity for trainees. Sydney West Area Health Service made an application under the Expanded Specialist Training Program for 2008 and was successful in establishing the Western Sydney Aboriginal Medical Service as part of a psychiatry training rotation for 12 hours per week. A number of applications have been submitted under the Expanded Specialist Training Program for 2009 involving positions in Aboriginal Medical Services in psychiatry, paediatrics and general medicine. If successful, this would increase the number of speciality training positions in Aboriginal Medical Services provided that the required indemnity is provided and that Commonwealth funding is provided.

*2061 ROADS—PEDAL AND MOTOR ASSISTED BIKES—Ms Hale asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance— (1) What is the justification on safety or other grounds for treating differently for the purpose of registration "pedal-assisted motor bikes" and "motor-assisted pedal bikes"? (2) Are e-bikes inherently unsafe compared to pedal bikes, in light of the fact that a racing bike under human power can achieve speeds in excess of 60kmh? (3) Is the speed of a motor-assisted bike imited by how fast the wheels turn, and not by the power of the motor, whose primary purpose is to assist uphill travelling? (4) Given that American model e-bikes are equipped with 750 watt motors, what is the reason for limiting electric bikes in Australia to 200 watts? (5) Will the Minister consider granting an exemption from registration for motor cycles with electric engine motors, provided output power does not exceed 750 watts, and riders are obliged to follow the same road rules as for pedal cycles without motors, including wearing a helmet? (a) If not, why not?

Answer— 2494 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

I am advised: A power-assisted pedal cycle has to be designed so that it can be propelled solely by human power. An electric vehicle that is not capable of being propelled solely by human power cannot be considered for registration as a power-assisted pedal cycle. A power-assisted pedal cycle, because of its limited power output and limited added weight, does not present a significant difference in safety compared to a standard pedal cycle. The power output of a motor vehicle is a critical factor in determining its maximum speed. The maximum power output allowed for power-assisted pedal cycles in the United States is the highest limit known globally. The maximum power output allowed in the European Union is 250 watts. The 200 watt limit in Australia is based on the average power a fit adult male can generate. Some 750 watt electric engine motor cycles approach the size, weight and acceleration of a small petrol engine motor cycle (scooter) which is a significant departure from the power-assisted pedal cycle concept.

*2062 HEALTH—HEALTH SERVICE DELIVERY TO INDIGENOUS COMMUNITIES—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Health— What is NSW Health doing to improve the reporting of indigenous status by health agencies and registers to increase public knowledge of health service delivery to indigenous communities? Answer— I have been advised by the Minister for Health:- Complete data on Indigenous background is an important part of targeting necessary health services to appropriate locations. Consequently, NSW Health continues work on improving the level of identification of Indigenous patients. The primary data collections maintained by NSW Health, including admitted patients, emergency department, non-admitted patients and births make Indigenous status a mandatory field. A Policy Directive issued by the Director-General makes it mandatory for NSW Health staff to ask all patients whether they are of Aboriginal background, Torres Strait Islander background, both, or neither. The Policy Directive also makes it mandatory for NSW Health staff to accurately record the response. This Policy Directive applies to all Departmental, Area Health Service and other health agency staff. NSW Health has also prepared a training package comprising written and video information on the importance of having complete Indigenous status data, and on how to ask the relevant questions with cultural sensitivity. At the beginning of 2007, NSW Health conducted a survey of admitted patient data. The survey followed a methodology agreed with the Australian Institute of Health and Welfare (AIHW) and involved an interview with almost 3,000 hospital patients, drawn from 20 hospitals across the State, selected from metropolitan, inner regional, outer regional and remote locations. The patients were selected at random and were asked their name, date of birth, usual address and whether they were of Indigenous background. The patients' responses were then checked against the data collected on admission. The results were forwarded to the AIHW for analysis. The result of the survey showed that NSW Health had a good level of completeness in relation to Indigenous identification, with a high degree of certainty. Only Northern Territory and Western Australian hospital data is considered more complete than NSW, in relation to Indigenous background. NSW Health has also been working with the Australian Bureau of Statistics (ABS) and with the Registry of Births, Deaths and Marriages to improve the level of Indigenous identification in mortality data.

*2063 HEALTH—CHRONIC KIDNEY DISEASE SCREENING—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Health— What screening programs are being conducted by NSW Health in aboriginal communities in relation to chronic kidney disease? Answer— 2495 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

I have been advised by the Minister for Health:- Screening for chronic kidney disease is principally the responsibility of the primary health sector. NSW Health supports this activity with respect to Aboriginal communities through collaborative arrangements for patient care with a range of primary care providers. These include Aboriginal Community Controlled Health Services, General Practitioners, and others. These arrangements include but are not limited to referral, provision of specialist care, and facilitation of access to Aboriginal communities. In 2008, NSW Health completed a clinical redesign process for Aboriginal chronic care services which identified the need to enhance those services' accessibility. As a result of this redesign, a new model of care specific to Aboriginal people will be developed, and Integrated Chronic Care Teams, incorporating routine screening for kidney disease, will be implemented in all Area Health Services.

*2064 RURAL AFFAIRS—FOOD PRICE INCREASES UNDER E10—Mr Cohen asked the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development, and Acting Minister for the Central Coast— (1) Does the Minister agree with the New South Wales E10 Taskforce Report, which was recently echoed by the Productivity Commission, that "in drought years, the impact on food prices and the livestock feedstock industry may be counter productive to the Government's intent"? (2) Does the Minister wish to revise his suggestion that there is no price implications for food after The Australian's Greg Roberts established that the Manildra plant uses substantial quantities - possibly 50,000 tonnes which I have previously suggested to the Minister of wholegrain and commercial grade starch? (3) Does the Minister agree that although there may be marginal reduction in the price of fuel at the bowsers from an E10 mandate, the permanent 25 per cent plus increase in grain prices under an E10 mandate, as highlighted in a 2005 report by the Centre for International Economics, would translate into significantly higher grocery bills for New South Wales' families? Answer— (1) There is provision in the Biofuel (Ethanol Content) Act 2007 for the Minister to suspend the mandate in extraordinary circumstances such as severe drought. (2) No. (3) No. The report by the Centre for International Economics (CIE) was commissioned by the Meat & Livestock Australia, which has a vested interest in its outcomes. The particular analysis highlighted in this question was based on a scenario in which there was a national mandate for 10% ethanol in all petrol and 15% ethanol in all diesel. This scenario is clearly ridiculous as ethanol-free petrol must remain available for some vehicles that cannot use E10, and it is totally impractical and unsafe to replace diesel with diesohol, except in particular heavy vehicle fleets. The NSW Government is considering requiring only regular grade unleaded petrol to be E10, a policy which will require approximately 500 million litres of ethanol in total. The report modelled its' outcomes on an oil price of between $30 and $70 per barrel, currently oil is regularly trading at over $120 per barrel.

*2065 PRIMARY INDUSTRIES—NRC REPORT ON SNOWY HYDRO—Mr Cohen asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) On what basis does the Minister support the findings of the Snowy Hydro Expert Panel that stated "cloud seeding has no significant adverse environmental impacts" when the Natural Resource Commission's 2007 Progress Report stated "the information available from the trial is insufficient to determine if cloud seeding is causing an environmental impact"? (2) Have all the recommendations from the NRC 2007 Progress Report been adopted in the new Environmental Management Plan? Answer— • The question as stated fails to acknowledge information subsequently provided to the National Resource Commission (NRC) by Snowy Hydro and the most recent Snowy Hydro Cloud Seeding Annual Report which addresses key issues raised by the NRC. Snowy Hydro also consulted with the NRC and Department of Environment and Climate Change experts to ensure that 2496 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

recommendations in the NRC 2007 Progress Report were appropriately addressed in the new Environmental Management Plan. • See 1.

*2066 PRIMARY INDUSTRIES—NSW FOOD AUTHORITY'S WEBSITE—Dr Kaye asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) Will the NSW Food Authority's website make public the date and result of the most recent food safety inspection for each restaurant in NSW? (2) Is there a requirement for restaurants to display the result of the most recent food safety inspection? (a) If not, will diners be able to ascertain: (i) whether the restaurant they are considering dining in has been inspected? (ii) the most recent date and result of the food safety inspection of the restaurant where they are considering dining? (3) As food poisoning puts approximately 18,000 Australians in hospital and causes approximately 120 deaths nationally each year, will the Government take preventative action and make the most recent date and result of the food safety inspection of each restaurant in New South Wales publicly available information? Answer— (1) to 3. In NSW there are over 55,000 food businesses. The food businesses in this state are diverse and multi faceted ranging from paddock to plate. The vast majority of these food businesses abide by food safety laws. The Government's current policy has been clearly enunciated and placed into action; it relies on providing New South Wales consumers with meaningful, easy to access and easy to use information about individuals, businesses and companies that are breaching food safety requirements. The sole provision of information about food safety inspections is not considered to be a good food safety preventative measure and should be seen, as with information concerning food safety offences, as an informative measure for consumers. Having a robust food regulation framework in place, based on sound science and risk management strategies is internationally accepted as the only way to prevent food borne illness. This is why in New South Wales high risk businesses are subjected to a strict licensing regime, including food safety program requirements. In addition, all other businesses are subjected to regular inspections, with frequencies again based on sound science. Under the newly established Food Regulation Partnership, it is recommended that councils undertake a minimum of 2 food safety inspections of retail food businesses each year. New South Wales consumers can be confident that the food businesses they deal with are inspected on a regular and appropriate basis and in the event that food safety breaches were identified, they can find up-to-date information on the NSW Food Authority's website www.foodauthority.nsw.gov.au NSW is the only Australian jurisdiction that provides this information to consumers.

*2067 PRIMARY INDUSTRIES—GM FOOD LABELLING—Mr Cohen asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) Will "mum and dad consumers" be provided with choice on GM consumption when Food Standards Australia and New Zealand said in recent Senate Estimates that an appropriate standard for labelling GM products could take up to two years to develop? (2) Is there potential for a whole range of producers in the production chain to be subjected to Section 53 (a) and 55 Trade Practices Act proceedings if products are labelled 'non-GM' and have a GM contamination level of between 0.1% and 0.9% GM presence? (3) What testing regime will be introduced to ensure GM contamination is below the market demands for GM-free canola? Answer— 2497 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(1) Current national 'genetically modified' labeling requirements under the Food Standards Code allow consumers to make an informed choice about the food they buy and eat. These labeling requirements in Australia and New Zealand are amongst the most comprehensive in the world. The Food Standards Code provisions require food that is, or contains as an ingredient, a food produced using gene technology, to include a statement 'genetically modified' in conjunction with the name of the food or ingredient. 'Genetically modified food' is defined by the Code as one which contains novel DNA and⁄or novel protein; or has altered characteristics. (2) Matters and questions concerning the enforcement of the Trade Practices Act 1974 (Cth) ought to be most appropriately referred to the Australian Competition & Consumer Commission as the independent statutory authority that is responsible for such matters. (3) In New South Wales the NSW Food Authority conducts regular sampling and testing of food potentially containing approved GM food to ensure compliance with the Food Standards Code.

*2068 PRIMARY INDUSTRIES—FOREST SCIENCE CENTRE—Mr Cohen asked the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) What was the total cost of operating the NSW DPI Forest Science Centre of Excellence for 2005⁄06 and 2006⁄07? (2) What proportion of the total operating costs is incurred for the operation of the Forest Science Centre at Cumberland State Forest, such as wages and salaries, depreciation, overheads, materials, expenses? (3) What proportion of the total operating costs does NSW DPI costs incur for administering and managing the Forest Science Centre? Answer— (1) The total expenditure of the NSW DPI Forest Science Centre of Excellence: - For 2005⁄06 was $4,101,352, - For 2006⁄07 was $4,119,69. (2) Costs incurred for the operation of the Forest Science Centre at Cumberland State Forest represent 1.25% of total Forests NSW expenditure over the two years in question. (3) The costs of administering and managing the Forest Science Centre are included in the figures shown in answer (1) above and are not separately accounted.

*2069 ATTORNEY GENERAL—CHRIS SPENCE—JUSTICE OF THE PEACE—Ms Rhiannon asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training— (1) Is Mr Chris Spence a registered Justice of the Peace (JP)? (a) If so; (i) when did Mr Spence apply to register as a JP? (ii) when was he successfully registered as a JP? (iii) was this before or after the reformed JP application process was implemented? (iv) has Mr Chris Hartcher MP ever supported an application by Mr Spence to register as a JP, or renew as a JP?

Answer— I am advised: (1) Yes. (a) (i) The application was received on 12 October 2007. (ii) 12 December 2007. (iii) The new system of appointing JPs for a period of five years was implemented in December 2003. (iv) Mr Hartcher provided a character reference supporting the application. 2498 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

*2070 HEALTH—AMBULANCE OFFICERS AT BUNDEENA AND MAIANBAR—Ms Ficarra asked the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Health— (1) Will the Minister respond to calls from the community of Bundeena and Maianbar for their three local duty ambulance officers rostered appropriately for local duty? (a) If not, why not? (2) Why has this community been covered for ambulance emergencies during the past 15 years by local officers who have volunteered to be on call in addition to their duty rosters? (3) What do you intend to do now that these three officers have withdrawn their services due to fatigue, so that this community is assured that life threatening situations are dealt with in a time efficient manner, rather than other ambulance officers having to travel extraordinary long distances? Answer— (1) to (3) I have been advised by the Minister for Health:- Representatives from the Ambulance Service have met with the three local paramedics to discuss their concerns and the three paramedics have agreed to return to on-call duties. Representatives from the Ambulance Service also attended the Bundeena Community meeting held in May 2008 to discuss their concerns and to advise of options available. The current workload of approximately 150-200 cases per year in Bundeena and Maianbar is not sufficient to support a full time ambulance presence. On call arrangements have been utilised to supplement ambulance services in those areas for the past 15 years. Ambulance cover for Bundeena and Maianbar is provided from Caringbah and Engadine stations. The Ambulance Service is investigating the possibility of establishing a Community First Responder Program in partnership with NSW Fire Brigades in Bundeena and Maianbar to provide a sustainable long term service to those communities. Community First Responders do not replace paramedics, they provide timely clinical intervention for patients while the nearest ambulance is dispatched to the scene. Ambulance resources are controlled centrally and resources are fluidly deployed to areas of greatest demand.

*2071 ROADS—BYRON SHIRE COUNCIL PARKING SCHEME—Mr Gay asked the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance— (1) Why has the Roads and Traffic Authority (RTA) not required Byron Shire Council to cease operating its illegal Pay Parking Scheme until it is brought into compliance with the law? (2) What action is being taken against Byron Shire Council in respect of its flouting of the pay parking and permit parking legislation? (3) What action is being taken in regard to the fees and fines illegally collected from motorists by Byron Shire Council? (4) Is the Chief Executive Officer of the RTA's suggestion that the RTA does not have the power to enforce compliance of the New South Wales parking legislation by Councils supported? (a) If so, what action is being taken to remedy the situation?

Answer— I am advised: The RTA has no direct powers over Council pay parking schemes. It is a matter for the Courts to interpret the law and whether Council schemes comply. It is then a matter for Councils to undertake any changes to their schemes if needed following the determination of the Courts.

28 AUGUST 2008 (Paper No. 63) 2499 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

2072 LOCAL GOVERNMENT—BOWRAVILLE BUS DEPOT—Ms Hale to ask the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development, and Acting Minister for the Central Coast representing the Minister for Local Government, Minister for Aboriginal Affairs, Minister Assisting the Minister for Health (Mental Health)— (1) Did you receive a complaint from Mr. Mike Lennon regarding Nambucca Council and the operations of the Bowraville bus depot? (a) If so, when? (2) Is the Bowraville Bus depot complying with the relevant zoning? (i) If not, will you investigate this matter?

2073 ROADS—BERRY BYPASS—Ms Hale to ask the Minister for Roads, Minister for Commerce, Acting Minister for Industrial Relations, and Acting Minister Assisting the Minister for Finance— (1) How many submissions have been received by the Minister and the Roads and Transport Authority (RTA) in relation to the preferred route for the Berry bypass road? (a) Of those submissions, (i) how many supported each of the possible options? (ii) how many opposed each of the possible options? (2) Is the RTA undertaking further work on any of these options? (a) If so, (i) which option(s) is the RTA undertaking further work on? (ii) what work is the RTA undertaking? (3) Will there be a further period of exhibition and public consultation? (a) If so, when? (b) If not, why not? (4) When is it anticipated a decision on the preferred option will be made?

2074 PLANNING—SOUTHERN HIGHLANDS REGIONAL SHOOTING COMPLEX ENVIRONMENTAL ASSESSMENT—Ms Hale to ask the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) Has the Minister, the Department or the expert panel appointed by the Minister received a report from a panel of experts raising significant concerns about aspects of the Southern Highlands Regional Shooting Complex Environmental Assessment? (a) If so, when was the report received? (2) What action will the Minister, Department and⁄or the expert panel take to ensure that the Environmental Assessment for this proposal meets acceptable legal, community and scientific standards? (3) Will the Minister, the Department or the expert panel be the final consent authority for this project?

2075 HEALTH—MEDICAL GRADUATE CLINICAL TRAINING PLACES—Miss Gardiner to ask the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Health— (1) How many clinical training places are allocated for medical graduates by hospitals (or other clinical settings) for the following years: (a) 2007-2008? (b) 2008-2009? (c) Estimated for 2009-2010? (2) Are there any programs that aim to ensure that there are adequate training places for the increased number of medical school graduates in New South Wales? (a) If so, could you please list these programs? 2500 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(b) If not, why not?

2076 CLIMATE CHANGE AND THE ENVIRONMENT—EXTENDED PRODUCER RESPONSIBILITY EXPERT REFERENCE GROUP—Mr Cohen to ask the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)— (1) Can the Minister indicate whether the Extended Producer Responsibility Expert Reference Group (ERG) provided formal or informal advice, in the form of a implementation report, to her or the Department of Environment and Climate Change (DECC) in response to the following: (a) 2005-2006 Priority Statement? (b) 2007 Priority Statement? (2) If the ERG did provide formal advice, is it available on the DECC website? (a) If not, why not? (3) In relation to the Recommendation 46 of the ERG in the 'Report on the implementation of the NSW Extended Producer Responsibility Priority Statement 2004' published in September 2005, (a) did previous Ministers adopt the report? (b) will the current Minister adopt the report? (i) If not, why not?

2077 WATER—LICENSING POLICY FOR GROUNDWATER RESOURCES—Mr Cohen to ask the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development representing the Minister for Emergency Services, and Minister for Water— (1) When did the licensing policy for groundwater resources of the Hawkesbury sandstone, Kulnura- Mangrove Mountain produced by the Department of Land and Water Conservation in 1996 ceased to have effect? (2) Applying this policy to Water Act applications in 1998, what would the volumetric allocation to a licensee be for subzone 2 and subzone if the total size of a property was 35 Hectares? (3) On what basis or by what direction, determination or instrument did the policy cease to have effect and apply to volumetric licensing applications for new licenses or applications for increased allocation? (4) What Departmental licensing policy was in effect to evaluate licensing applications for new licenses or increases of existing allocations under the Water Act 1912 between 31 March 2001 and 1 July 2004? (5) Did the Hunter Region Department of Infrastructure, Planning and Natural Resources (DIPNR) or Department of Natural Resources (DNR) adopt the practice of evaluating and determining Water Act 1912 applications with reference to gazetted but not commenced Water Sharing Plans (WSP)? (a) If so, why? (6) Did any other Regional Offices adopt this practice? (7) Were there any Ministerial or Director-General directions and instructions to the Regional Offices to adopt the practice of applying gazetted WSPs to Water Act applications? (a) If not, why not? (8) Were employees of the South Coast Region DIPNR⁄DNR advised in October 2004 that increased allocations sought under DA22097⁄2003 were to be sourced from a vendor willing to transfer an access licence or from a controlled allocation? (9) Has the Department of Water and Energy undertaken any controlled allocation in relation to the 'Water Sharing Plan for the Kulnura Mangrove Mountain Groundwater Sources 2003'? (10) How many license applications lodged under the Water Act have been determined, post the gazettal of a WSP, under Clause 38 Schedule 10 of the Water Management Act in: (a) New South Wales? (b) Kulnura-Mangrove Mountain Catchment Area? 2501 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(11) How many megalitres have been allocated under the Water Act, post gazettal of a WSP and prior to controlled allocations in: (a) New South Wales? (b) Kulnura-Mangrove Mountain Catchment Area? (12) Is there evidence the Department had a policy of not applying policy and principles contained in WSPs after gazettal and prior to 1 July 2004 for the purpose of overcoming the need for a controlled allocation? (13) Did any employee of the DIPNR or DNR raise concerns about the loss of state revenue and income stemming from the non-implementation of controlled allocations under WSPs prior to 1 July 2004? (14) In relation to DA 22097⁄2003 Euloo Road, Peats Ridge, what policy did the South Coast Region Office apply to determine the merits of a 41 ML⁄Y increase under Part 5 of the Water Act for a non- rural use? (15) Of the 22 groundwater licence applications outstanding as of 13 May 2005, including applications lodged between 10 January 2003 and 29 June 2004, how many license applications resulted in increased water allocations? (a) Could you identify by license number those licenses which received increase allocations?

2078 HEALTH—PADP LODGEMENT CENTRES—Mr Cohen to ask the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Health— (1) On what date was Oakton (formerly Acumen Alliance) appointed to conduct the approved financial and compliance audit of Area Health Services (AHS) Program of Appliances for Disabled People (PADP) Lodgement Centres? (2) Were all New South Wales AHS PAPD Lodgement Centres audited? (a) If not, (i) which Lodgement Centres were audited? (ii) what is the criteria for a Lodgement Centre being audited? (3) Does the Department of Health or the Minister review, cite or retain annual reports completed by PADP Lodgement Centres held by respective AHSs? (a) If not, why not? (4) Does the Department of Health retain, cite or review information from the Health Care Complaints Commission in relation to PADP clients? (a) If not, why not? (5) On what date did the external auditor complete the collection of primary audit data from the AHS PADP Lodgement Centres? (6) Has the Minister or the Department of Health been shown a preliminary or draft report by Oakton? (a) If so, (i) on what date was the Minister or the Department of Health shown a preliminary report? (ii) did the Minister make any representations or statements to the external auditor in relation to the draft report? (b) If not, why not? (7) During the audit process has the external consultant raised any concerns to the Minister or Department of Health about the integrity or administrative capabilities of any PADP Lodgement Centre? (a) If so, which AHS PADP Lodgement Centres? (8) Do the individual AHS keep a record of their current equipment loan pool (ELP) inventory? (9) Do the AHS record whether a user of an ELP appliance has made a request for equipment through the PADP scheme? (10) Of all applications made to PADP Lodgement Centres, how many PADP applicants⁄clients were provided with ELP appliances while they were awaiting PADP equipment procurement and processing for the following years: 2502 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(a) 2005-2006? (b) 2006-2007? (11) What percentage of all PADP applicants were provided with ELP appliances while awaiting PADP equipment procurement? (12) How many PADP applicants between 1 January 2008 and 30 June 2008 had been on PADP Lodgement Centre waiting lists for 12 months or longer in: (a) the Northern Sydney and Central Coast Area Health Service? (b) the South Eastern Sydney and Illawarra Area Health Service? (c) the Sydney South West Area Health Service? (d) the Sydney West Area Health Service? (e) the Greater Southern Area Health Service? (f) the Greater Western Area Health Service? (g) the Hunter New England Area Health Service? (h) the North Coast Area Health Service?

2079 AGEING, DISABILITY SERVICES—SUPPORTED ACCOMMODATION AND RESPITE CARE POLICY DOCUMENTS—Mr Cohen to ask the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development, and Acting Minister for the Central Coast representing the Minister for Ageing, Minister for Disability Services— (1) On what date was the 'Draft Allocation of Places in Supported Accommodation policy and procedures' document and the 'Draft Maintaining Respite Capacity Policy' uploaded and made available on the Department of Ageing, Disability and Home Care website? (a) Were these documents temporarily removed from the website at any point? (i) If so, why were the documents removed? (2) Will the Department of Ageing, Disability and Home Care (DADHC) publish stakeholder feedback and submissions on the draft policies, either in full or in the form of a consultation summary on the Department website, if stakeholders agree to publication? (a) If not, why not? (3) Who will be invited to participate in the stakeholder forums where the draft policies will be discussed? (4) Are the stakeholder forums open to the public to attend if they request an invitation from DADHC? (5) Does the policy of 'targeted consultation' apply to all stakeholder forums run by DADHC across New South Wales whereby participation at stakeholder forums is by invitation only? (6) Did the Minister consider the object of the Disability Services Act 1993 before the Minister approved the publication of the Draft Maintaining Respite Capacity Policy, whereby people with disabilities are described and labelled 'trespassers' if they overstay their allocated time at a respite facility? (7) In the "maintaining respite capacity" policy it states on page 7 that the first options explored must be community based and utilise existing funding. Does this mean that DADHC are reluctant to provide support to families in crisis that are "outside of the guidelines" or carry additional costs? (8) Is the Minister aware as to whether therapists need to get the agreement of families prior to closing therapy and casework referrals? (a) If so, can the Minister provide examples of this process?

2080 CLIMATE CHANGE AND THE ENVIRONMENT—REPORT OF ILLEGAL LAND CLEARING—Mr Cohen to ask the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)— (1) What action did the Department of Environment and Climate Change (DECC) take in relation to the report of illegal land clearing in Maclean, Lot No. 1711, 1712 (DP 616116) and Lot 1072 (DP 702367)? (2) Did the landowner have a Property Vegetation Plan in relation to these properties? 2503 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

(3) Has the landowner made any representations to DECC as to the reason for undertaking the clearing activity? (4) Is the clearing undertaken by the landowner covered by any exemptions under the Native Vegetation Act? (5) Did DECC notify the Clarence Valley Council staff of the state conservation significance of the Gulmarrad area in mid 2007? (a) Specifically, what advice did DECC communicate to the Clarence Valley Council? (6) Has DECC or any representative of DECC visited and inspected the land in Maclean, Lot No. 1711, 1712 (DP 616116) and Lot 1072 (DP 702367)? (7) Did DECC identify any old growth Endangered Ecological Communities (EEC) on the land? (8) What findings, preliminary or final, have DECC made in relation to the construction of roadway and other infrastructure on the site? (9) Does the process of sediment moving into Endangered Ecological Communities Swamp Sclerophyll Forest fall within the scope of matters prescribed in Schedule 3 of the Protection of the Environment Operations (General) Regulation 1998? (10) If evidence indicates that sediment created by the clearing process has polluted water in EECs will DECC use Section 120 of the Protection of the Environment Operations Act 1997 to prosecute the land owner or holder? (a) If not, why not?

2081 PLANNING—MULLUMBIMBY SETTLEMENT STRATEGY 2003—Mr Cohen to ask the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts— (1) When the Minister stated he is "advised by the Department of Planning that the approved development does not contravene the Mullumbimby Settlement Strategy 2003", did he cite, refer or review page 17 of the Mullumbimby Settlement Strategy 2003? (a) If not, why not? (2) On what basis is the approval of 2 Stage Development of the 2,500 square metre Station Street supermarket or any subsequent Section 96 Application compatible with Mullumbimby Settlement Strategy 2003? (3) The Mullumbimby Settlement Strategy 2003 states, "[t]he viability of the business centre of Mullumbimby is to be retained and enhanced through confining business development to the existing 3(a)(Business Zone). No stand-alone shopping centres will be permitted. Business zoned land is still available for development within the town centre". Does this impact on the approval of the s 96 modification application? (4) What criteria will the Minister apply to evaluate the June version of Woolworths' on-site sewage proposal? (5) Has the s 96 proponent provided a level of detail to enable a proper evaluation of the application's merits in relation to hydraulic and nutrient loading rates, design details, site assessment and soil evaluation? (a) If so, (i) has the Department of Planning verified and tested the veracity of hydraulic and nutrient loading data? (ii) who verified the accuracy of the data? (6) What weight does the Minister and Department of Planning attach to the Byron Shire Council's submission on the onsite sewerage plan and specifically the assertion that "[i]f the proposed on-site wastewater treatment system was presented to Byron Shire Council as part of a Section 68 Application under the Local Government Act 1993 it would not be supported"?

2082 PRIMARY INDUSTRIES—NEW SOUTH WALES FOREST AGREEMENTS—Mr Cohen to ask the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— 2504 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008

What would be the total cost to the Government in terms of compensation or other expenditure in the event that the New South Wales Forest Agreements for the Southern and Eden regions were cancelled forthwith?

2083 TREASURER—RECALL OF PARLIAMENT—Ms Rhiannon to ask the Treasurer, Minister for Infrastructure, and Minister for the Hunter— What were the additional costs of sitting during the recall of New South Wales Parliament on 28-29 August 2008, including associated accommodation and travel costs of members and services to enable the proper functioning of parliament.

2084 PRIMARY INDUSTRIES—WOOD FIRED POWER PLANTS—Ms Rhiannon to ask the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development— (1) Will trees that are currently left in the forest after "Integrated Harvesting" in the Eden Region because they are unsuitable either as sawlogs or pulp logs, be cut and sold to South East Fibre Exports for its proposed wood fired power plant? (2) Does electricity generated from a wood fired power plant, that uses 70% of native forest biomass, qualify to be considered 'renewable energy' in New South Wales? (3) Will you permit native forest logs of any classification, sourced from Victoria, to be trucked to the Eden Chipmill for the purposes of burning in the proposed wood fired power plant?

Lynn Lovelock Clerk of the Parliaments

______Authorised by the Parliament of New South Wales