First Session [ASSE ABLY] Election of Speaker Legislative Council Chamber to hear the peBislafibe $ssemblg Commission for the opening of Parliament Tuesday, 4 December, I973 read. The House went, and members having re- turned, .st Session of the Forty-Fourth Parliament-Oath of Allegiance-Members Sworn-Election of Speaker-Presentation of Mr Speaker-Govern- ment Whip-Leader of the House--Leader and OATH OF ALLEGIANCE Deputy Leader of the Country Party and Country Party Whip-Leader and Deputy Leader of the Opposition and Opposition Whip-Assent to Bllls The Clerk read to the House the Com- -Law of Evidence (pro formri) (first reading)- mission of His Excellency the Governor Opening of Parliament-Chairman of Committees -Temporary Chairman of Committees-Petition- authorizing the Hon. Sir Robert William Questions without Notice-Bills (Urgency and Suspens~on of Standing Orders)-Stamp Duties Askin, the Hon. Sir Charles Benjamin (Amendment) BIB (1nt)-Motor ,Vehicles (Taxa- Cutler and the Hon. Eric Archibald Willis tion) and Motor Vehlcles Taxat~on Management (Amendment) BiH (1nt)-Gaming and Betting to administer the oath or affirmation of (Poker Machines) Amendment Bill (1nt)-Land Development Contribution Management (Amend- allegiance to Her Majesty the Queen re- ment) BiU (1nt)-Metropolitan Water, Sewerage, quired by law to be taken or made by mem- and Dralnage (Amenament) Bill (1nt)-Hunter District Water, Sewerage and D~ainage (Amend- bers of the Assembly. ment) Bill (1nt)-Broken Hill Water and Sewerage (Amendment) Bill (1nt)-Local Government (Regu- lation of Flats) Amendment Bill (M),-Local Government (Amendment) Bill (1nt)-Reg~stration MEMBERS SWORN of Births, Deaths and Marriages Bill (1nt)--Coal and Shale Oil Mine Workers (SuperannuaQon) Amendment Bill (1nt)-Industrial Arbitration (Fur- The ninety-eight members took the oath ther Amendment) Bill (1nt)-Stamp Duties or made an affirmation, and subscribed the (Amendment) Bill (second reading)-Gaming and Betting (Poker Machines) Amendment Bill (second roll. readingbland Development Contrihution Man- agement (Amendment) BC11 (second reading)- Motor Vehicles (Taxation) and Motor Vehicles Taxation Management (Amendment) Bill (second ELECTION OF SPEAKER reading)-Allocation of Time for Discussion- Adjournment (Penalties for Crimes of Violence). Mr MASON (Dubbo) (12.50) : I move: That James Alexander Cameron, Esquire. LL.M., do take the Chair of this House as Speaker. FIRST SESSION OF THE FORTY-FOURTH PARLIAMENT I suggest to honourable members of this House that they are entitled to look for The House met at noon, pursuant to the certain specific qualities when selecting a proclamation of His Excellency the Gover- member to be the Speaker of this Chamber. nor convening Parliament. Perhaps those qualities were best stated in The Clerk read the proclamation. 1895 by Sir William Harcourt, Chancellor of the Exchequer in the House of Commons The Clerk announced that he had re- when he said: ceived through the Chief Secretary a list of They are qualities not common in their the names of ninety-eight members to serve single excellence, most rare in their happy com- in this Parliament, together with the writs bination. We expect dignity and authority, on which they had been returned, before the tempered by urbanity and kindness, firmness to control and persuasiveness to counsel; promp- day on which they were by law returnable. titude of decision and justness of judgment; tact, patience and firmness, with an inbred The Clerk reported that the writ for the courtesy so as to give, by his own bearing, an electorate of Coogee had not yet been re- example and a model to those over whom he presides; an impartial mind, a tolerant temper, ceived. and a reconcileable disposition. Those words have been quoted before but I OPENING OF SESSION think they are worth listening to, particu- The Usher of the Black Rod, being ad- larly by members who have come only re- cently to this Chamber. They were standards mitted, delivered a message from the Com- laid down by a leader in the House of missioners requesting the immediate atten- Commons many years ago. I suggest also to -lance of this honourable House in the honourable members that there are two Election of Speaker [4 DEC.,19731 Election of Speaker other qualities we should look for when In 1837 a great servant of this country, selecting a Speaker of the Legislative As- the Reverend Dunmore Lang, decided that sembly. The first is a genuine love of this a great migration programme of Scottish parliamentary institution. The New South farmers should be undertaken to encourage Wales Parliament is the mother parliament the settlement of Australia. It is worth men- in Australia and has long held firm to the tioning in passing that this was to counter traditions that have flowed to us from the in part a marked influx at the time of Irish British House of Commons. Catholics. Among those who responded to The first speaker-Sir Thomas Hunger- the call of the Reverend Dunmore Lang ford-was elected in the House of Com- were the members of the Cameron family mons in 1377. Since that time many Speak- who left their small Scottish farm, came to ers in various parliaments have upheld the Australia and took up a small farm on the Williams River. Later the family moved to honourable traditions of the House of Com- the Richmond River and in November, mons. He who is appointed Speaker in this 1930, at Coraki, a village that still stands House must love and cherish those tradi- and serves the community in the area to- tions, though they might be baffling to many. There are even those who serve here and I trust that honourable members will who find these traditions and precedents note this- the local blacksmith and his difficult to follow but in times good or bad, wife who had been a teacher at the local in prosperity, in times of stress, in war and school, James Alexander Cameron was in peace, this Chamber has proved to be a born in the tradition brought from Scot- land of serving the rural community. place where the voice and the will of the people is heard. There have always been James Alexander Cameron left school those who aim to destroy this institution so without the opportunities that most of us a Speaker must cherish and guard its great enjoy. Realizing the need for formal educa- qualities for the State and for the people. tion, he undertook private study by night Foremost among those qualities are free- and at the age of 25 he matriculated to the dom of speech, the liberty and rights of the University of Sydney, from where he gradu- individual member and a maintenance of ated in 1961 as a Bachelor of Laws. In the dignity and traditions of this Chamber 1970 he attained the higher degree of Mas- and its right ordering. ter of Laws with honours. He has lectured in jurisprudence in the law faculty. Through The second quality that I would specifi- most of his thinking life James Cameron cally underline in bringing this motion be- has been involved deeply in politics. He is fore the House is that he who holds this a lover of the English language and an elo- quent and forceful debater. Repeatedly he important office must have moral conviction. has represented New South Wales in com- A marked sense of fair play, impartiality petitive debating. In 1952 he was the leader and tolerance are essential qualities that all of the New South Wales debating team that honourable members will look for in the won the Australian debating championship. occupant of this high position. A Speaker of Mr Cameron is a devoted churchman and family man. His marriage to Helen Bicket this House must also be a man of strength has produced five children and I am sure and decision with the courage to stand by honourable members will appreciate the his judgments. Further, he needs to com- pride that will be felt by the members of mand respect, not to have to demand it; he his family who are present in the gallery needs to have a natural dignity, not pom- this afternoon. posity or a pretence of dignity through Having recited a brief record of the story ceremony. In my submitting to this Chamber of James Alexander Cameron, I believe that the name of James Alexander Cameron I by my nomination I shall bring to the service believe that the Legislative Assembly will of this Parliament a man who has demon- find a member who fulfils these qualifica- strated his love for it-a man of strength, tions. courage, proven ability and possessed of the 10 Election of Speaker {ASSEMBLY] Election of Speaker necessary qualities. I note that the longest River area, the son of a blacksmith, and re- serving speaker was Mr Arthur Onslow who sided for about eight years in the small served the House of Commons in England township of Coraki in the Casino elector- for thirty-three years and I venture to sug- ate. I have know Mr Cameron personally gest that Mr Cameron will far outpace that only since he entered this Chamber. 1 have record. always held the view that he is a perfection- ist and that few, if any, members of this Mr DUNCAN (Lhmore) [12.59]: It is Chamber could surpass his debating ability. with pleasure that I second the nomination Perhaps above all, I have admired him as of James Alexander Cameron as Speaker of a man of conviction who not only expresses the Legislative Assembly. During the recent his views in this Parliament and elsewhere election campaign it was apparent to all of but also lives up to his ideals here, in his us that the great mass of people of this home and in the community generally. State were concerned that our parliamentary institution, its laws and regulations, are not I believe a Speaker must have three attri- being properly recognized and accepted by butes. He must be a responsible member of some people. I believe that an extreme ele- Parliament, he must be tolerant, and he ment in the community is attempting to must have patience. I believe Jim Cameron influence not only this Parliament but par- fulfils all these requirements. We know that liaments throughout Australia. It aims to he holds conservative views, believes in our make them subservient to its actions and federal system, and is a responsible man with attitudes, thus bringing hardship and in- the courage of his convictions. However, he convenience to the sound-thinking people has demonstrated in this House and outside of this State and the Commonwealth. In- that, having expressed his view, he is willing deed, I believe there is not a proper recog- to sit patiently and tolerantly while listening nition of Parliament, and this could lead to to the other person's view. Indeed, I am disorder and chaos, depriving us of many sure that even members of the Opposition, of the liberties and values that we have who might be completely opposed to him, grown to enjoy over the years. would agree that Jim Cameron has always extended the respect and dignity due to all At this time when a new Parliament is honourable members as he has sat, waiting commencing, with all sincerity I urge all patiently and listening intently to another's honourable members, regardless of their point of view. political persuasion, to give a lead to the people of New South Wales by showing As I stand in this place today and support them that we believe in the parliamentary his nomination, I offer him anticipatory con- institution and will ensure that our demo- gratulations and wish him a successful term cratic ideals are observed, accepted and of office. I conclude my remarks by going appreciated. This challenge confronts all back to my original statement. I believe the members of Parliament. If they accept the challenge and are determined to make Par- challenge before us as parliamentarians is to liament work, they must ensure that the preserve unchallenged this honourable in- rights and privileges of honourable mem- stitution. I say to our proposed Speaker bers are preserved by electing an excellent and to all honourable members that the and expert member to preside over this office that we are now debating is a most Assembly as Speaker. With that thought in mind, I have great pleasure in seconding important and responsible one, because the the nomination of Mr James Alexander Speaker must preserve the rights of all mem- Cameron. bers within the precincts of Parliament. It can also be the loneliest office in Parlia- I shall not reiterate his achievements and ment. Oft'en both Government and Oppo- history, for they have already been ade- sition members engage in noisy and frivolous quately enunciated by the mover of the interjections, and the office of Speaker is motion. However, I must point out that lonely because, unfortunately, honourable our nominee was born in the Richmond members, instead of getting down to the Election of Speaker [4 DEC.,19731 Election of Speaker 11 nitty-gritty of providing good, thoughtful of 12. He took part in the 1917 rail strike debate on legislation, are often concerned and was later awarded a gold medal and only with political advancement or scoring life membership of the Australian Railways political points. Union. We all recognize that the Speaker will His son, now the honourable member for sometimes take action that might hurt the Corrimal, has been a member of the Aus- feelings of Government members or per- tralian Labor Party for some twenty-five haps might result in the removal of an Op- years, during which time he has held num- position member. At times all sorts of accu- erous branch positions. Yesterday he wm sations about impartiality and unfairness are elected president of the Parliamentary Labor made against the man appointed to maintain Party, a tribute to his ability and dedication. the proper respect for and dignity of Parlia- Lawrence Borthwick Kelly has that mixture ment. I believe that we members have an of fairness, modesty and dignity which obligation to our Speaker to show him the should characterize a respected Speaker. He dignity and respect due to his important has an outstanding grip of the standing office. I believe that with Mr Cameron's orders and his wisdom well suits him to leadership and impartiality, as a team we apply those standing orders without fear or shall go forward in the next term and en- favour and with due regard to the rights of act legislation that will preserve for the all members of this House. I mention these people of New South Wales the rights and matters because it should not be thought privileges that we all profess so much to that the Speakership of this House is the enjoy. I have much pleasure in seconding preserve of the trained lawyer. Though it his nomination. is true that a number of Speakers of this House have been lawyers, itis equally true Mr CAMERON (Northcott) [1.8]: I that some have not been drawn from the accept nomination and in accordance with legal ranks and nonetheless have performed precedent I submit myself to the will of the the duties of this great office to the satisfac- House. tion of Parliament. Mr WRAN (Bass Hill), Leader of the The Speaker's role as an umpire is to Opposition [1.9]: I move: ensure within the standing orders that every That Lawrence Borthwick Kelly, Esquire, do member is accorded the maximum freedom take the Chair of this House as Speaker. of speech. This can be achieved only by I am delighted that one of the first tasks the Speaker's laying aside the political falling to me in this House is the nomi- mantle and assuming the impartial robes of nation of Lawrence Borthwick Kelly for what is virtually a judicial office. For a such an important position as the Speaker- ship of this House. Our nominee is a man long time my colleagues on this side of the of outstanding ability. He is a man who House have considered that this Parliament, would not only bring great respect to the and the status of honourable members, have great and ancient office of Speaker, but also been downgraded by the over-technical ap- add the degree of common sense and com- plication of the so-called sub judice rule. mon justice needed in this important post. This rule is one which, if rnisapplied, can There have been two members of this stifle freedom of speech and convert Parlia- Parliament-indeed two members of this ment from a place where freedom of speech very Chamber-named Lawrence Borth- is encouraged to a place in which it may be wick Kelly. Both have served with great suppressed. No one with a due sense of distinction as members of the Australian propriety would suggest that there should be Labor Party. The honourable member's in Parliament any discussion that might pre- father was the member for Bulli for eight judice an issue before a court or in some years. He was of traditional Labor origin, way influence or impress the court in com- entering the mining industry at the age ing to a decision. But that does not mean 12 Election of Speaker [ASSE LMBLY] Election of Speaker that every matter before a court or a tri- Mr FERGUSON (Merrylands), Deputy bunal with the trappings of a court, such as Leader of the Opposition [1.15]: It gives an industrial tribunal or a Royal commis- me great pleasure to support my leader's sion, should be immune from free discus- nomination of my friend and colleague, sion by members of Parliament. the honourable member for Corrimal, Lawrence Borthwick Kelly. As other Only recently in this very Chamber a speakers in this debate have said, the office ridiculous situation was permitted to de- of Speaker is an ancient and honourable velop: honourable members were not pm- one, and bestowed on the occupant of that mitted to mention the word Mafia or to position is a responsibility to protect the discuss in any way criminal involvement in rights and privileges of members of this the club movement. At the same time as Parliament, which means the rights and that veto applied under the Speaker's ruling, privileges of the people of New South Wales. the news media, embracing the press, tele- I say advisedly to all honourable members, vision and radio, were carrying stories of but particularly to those newly elected mem- criminal involvement in clubs and of Mafia bers who have taken their seat in this House involvement with criminals. Upon the elec- for the first time today, that the selection tion of a Speaker today my colleagues and of a Speaker is indeed one of the most I will be zealous in our efforts to have a responsible decisions that they will be called more sensible approach taken to the sub upon to make in the lifetime of this Parlia- judice rule. It is completely incongruous ment. that issues of public interest may be freely discussed in the press and the other news Looking at the programme put before us media while Parliament, which after all is today, and in view of the way the Govern- the most important court in the land, is ment has shown that it conducts its business, debarred from discussing them. In an age I believe it can be said without question that of mass communication by which the most the honourable member chosen to preside trivial public issues become common pro- over our proceedings as Speaker will need perty for discussion in the news media, the to be wonderfully impartial, terribly patient Speaker should be zealous to ensure that the and to have a great knowledge of standing right of free, forceful and fruitful debate orders. I remind all honourable members is not lost to a technical application of a that when the honourable member for Cor- rule which, though based on proper con- rimal was called forward to be sworn in to- siderations, is becoming of less significance day, somebody by interjection described having regard to the inbuilt protections for him as Mr Point of Order. That was a tri- litigants in the courts. As I have said, the bute to the honourable member for Corri- role of Speaker is akin to the role of a judge. mal, for it indicated that in the last Parlia- He should put aside his political mantle and ment he saw it as his role and responsibility, personal prejudices. His role should be used when he thought that the business of the not as a weapon for the majority but rather House was not being conducted in a proper as a shield to protect the rights of every manner, to challenge the Speaker in an en- member. irrespective of his political deavour to ensure that the House adhered alliances. to the standing orders of this ancient in- stitution. In putting forward Lawrence Borthwick Kelly we advance a man who, in the view Mr MAUGER: He never won one point of of all fair-minded members of this House, order. possesses the qualities that I have dwelt upon, and so would make an outstanding Mr FERGUSON: The honourable mem- Speaker in every respect. We on this side ber for Corrimal won many points of order. hope that there are enough supporters of One of the great tributes that can be paid the Government free-minded enough to to him is that many of the points of order follow the dictates of their conscience and. he took up were upheld by a distinguished in the result, to vote for the more suitable Speaker, the Hon. Sir Kevin Ellis. One candidate for the Speakership, the honour- need say no more about the competence able member for Corrimal. and acceptibility of the honourable member Election of Speaker [4 DEC., 19731 Election of Speaker 13 for Corrimal to serve as Speaker of this House than that the former Speaker, the Mr Arblaster Mr McCaw Hon. Sir Kevin Ellis, saw fit to uphold Sir Robert Askin Mr McGinty points of order taken by him. Honourable Mr Barraclough Mr Mackie Mr Boyd Mr Maddison members now have vested in them a respon- Mr Brooks Mr Mason sibility to choose as Speaker a man of im- Mr Brown Mr Mauger partiality. The Government has put forward Mr Bruxner Mr Mead a candidate, and the Opposition also has Mr Cameron Mrs Meillon Mr Clough Mr Morris nominated a candidate. I notice in this Mr Coleman Mr Mutton House at present honourable members who Mr Cowan Mr Osborne claim to be independent of political parties. Mr Crawford Mr Park Here is an opportunity for them at the out- Sir Charles Cutler Mr Pickard Mr Darby Mr Punch set of this Parliament to prove that claim Mr Doyle Mr Rofe by voting for our candidate, the honourable Mr Duncan Mr Rozzoli member for Corrimal. Mr Fife Mr Singleton Mr Fischer Mr Taylor In regard to the nomination of the Mr Fisher Mr Viney honourable member for Northcott, I want Mr Freudenstein Mr Waddy Mr Griflith Mr N. D. Walker to say only that I respect his viewpoint. I Mr Harrold Mr Willis have heard him express it with courage in Mr Healey Mr Wotton this House, but I have never agreed with Mr D. B. Hunter that viewpoint, and I could never agree that Mr Jackett Tellers, Mr Leitch Mr Brewer he could be impartial in any situation in Mr Lewis Mr Ruddock this Parliament. His convictions are held too firmly, and they are too conservative NOES,45 and too dangerous for attainment of the real Mr Bannon Mr Jones objects of the Speakership of this House. Mr Barnier Mr Keane Honourable members, representing millions Mr Bedford Mr Kearns of persons in the State of New South Wales, Mr Booth Mr L. B. Kelly are now called upon to make a decision on Mr Brereton Mr Maher this matter, and I ask them to support our Mr Cox Mr Mahoney candidate, the honourable member for Mr Crabtree Mr Mallam Corrimal. Mr Day Mr Mulock Mr Degen Mr Neilly Mr L. B. KELLY (Corrimal) [1.19]: I Mr Durick Mr O'Connell am deeply honoured by the fact that the Mr Einfeld Mr Paciullo Australian Labor Party has put me forward Mr Face Mr Petersen as its nominee for Speakership of this Mr Ferguson Mr Quinn House. I thank the Leader of the Opposition Mr Flaherty Mr Renshaw and the Deputy Leader of the Opposition Mr Gordon Mr Rogan for their kind remarks and I leave the matter Mr Haigh Mr Sheahan in the hands and to the will of honourable Mr Hatton Mr Stewart members. Mr Hills Mr Wade Mr PETERSEN: Mr Clerk- Mr M. L. Hunter Mr F. 3. Walker Mr Jackson Mr Wran Mr WILLIS (Earlwood), Minister for Mr Jensen Tellers, Education [l .20]: I move: Mr Johnson Mr Cahill Mr Johnstone Mr Ramsay That the question be now put. Resolved in the a&mative. The CLERK: Are there any further pro- posals for the office of Speaker? There being Question-That James Alexander no response, the question is, That the ques- Cameron, Esquire, LL.M., do take the Chair son be now put. of this House as Speaker-put by the Clerk. The House divided. The House divided. 14 Election of Speaker [ASSEMBLY] Election of Speaker

AYES, 54 approaching the chair have done so with a Mr Arblaster Mr Lewis peculiar mixture of awe, respect and trepi- Sir Robert Askin Mr McCaw dation. I confess that today all three of Mr Barraclough Mr McGinty those emotions are very much mixed up Mr Boyd Mr Mackie Mr Brewer Mr Maddison within me. I feel them all. Also I feel Mr Brooks Mr Mason deeply honoured and deeply moved. Mr Brown Mr Mauger The speakership is an office vastly dif- Mr Bruxner Mr Mead Mr Cameron Mrs Meillon ferent from all offices held under the Crown, Mr Clough Mr Morris for it is an office that comes from the Parlia- Mr Coates Mr Mutton ment itself and it depends upon the Parlia- Mr Coleman Mr Osborne ment. The Speaker is a creature of Mr Crawford Mr Park Sir Charles Cutler Mr Pickard Parliament and above all is the servant of Mr Darby Mr Punch Parliament. I am conscious that, just as I Mr Doyle Mr Rofe owe my standing here on this upper step to Mr Ddncan Mr Rozzoli all of the several members of this Parlia- Mr Fife Mr Ruddock Mr Fischer Mr Singleton ment, in turn the obligations and duties that Mr Fisher Mr Viney I owe flow back to this House and to its Mr Freudenstein Mr Waddy several members on all sides and in all sec- Mr Griffith Mr N. D. Walker tions of it. It is in that spirit that your new Mr Harrold Mr Willis Mr Hatton Mr Wotton Speaker will approach the office you have Mr Healey given him and it is in that spirit that he will Mr D. B. Hunter Tellers, discharge the functions of the speakership Mr Jackett Mr Cowan as the Speaker you have made. Mr Leitch Mr Taylor I cannot stand here without paying my NOES, 44 tribute to my immediate predecessor, Sir Mr Barnier Mr Kearns Kevin Ellis. Sir Kevin ranks indisputably as Mr Bedford Mr L. B. Kelly Mr Booth Mr Maher one of the greatest Speakers to have occu- Mr Brereton Mr Mahoney pied the venerable chair beside which I now Mr Cahill Mr Mallam stand. As between this House and Sir Kevin Mr Cox Mr Mulock the traffic was two-way: he gave amply to hlr Crabtree Mr Neilly Mr Day Mr O'Connell the House and the House gave amply to Mr Degen Mr Paciullo him. But, as between myself and Sir Kevin Mr Durick Mr Petersen the traffic has been wholly one-way: I have Mr Einfeld Mr Quinn been the recipient of his goodness, gene- Mr Face Mr Ramsay Mr Ferguson Mr Renshaw rosity, guidance and kindness, dating from Mr Flaherty Mr Rogan a period long before I first entered this Mr Gordon Mr Sheahan Chamber in 1968. The only way I can Mr Haigh Mr S'ewart begin to pay the debt I owe to him, and I Mr Hills Mr Wade Mr M. L. Hunter Mr F. J. Walker acknowledge him as my mentor and guide Mr Jackson Mr Wran as well as my friend, is to endeavour to ap- Mr Jensen proach this office and chair in the same spirit Mr Johnson Tellers, Mr Jones Mr Bannon as that in which he approached it. The Mr Keane Mr Johnstone recent rising of the House and the circum- Question so resolved in the affirmative. stances involved prevented us from paying to Sir Kevin Ellis the rich tribute which he Motion agreed to. justly desemes. I hope that the House will [The Hon. James Alexander Cameron was find an early opportunity to remedy that then taken out of his place by Mr Mason omission. and Mr Duncan and conducted to the chair.] I listened a little unbelieving but grate- Mr SPEAKER, standing on the upper step, fully nonetheless to the kind words of my said: Mr Clerk and honourable members; proposer and seconder when they spoke of dating back from the earliest years of the those segments of my life and character conflict and contest for power between the which allow of a favourable construction. King and the commons, all new Speakers They passed unseeing over those weaknesses Election of Speaker [4 DEC., 19731 Election of Speaker 15 and frailties of which I am so conscious. I bring to you an assurance that I will I say quite sincerely to the House that I work assiduously and diligently in the ad- acknowledge myself to be streaked and ministration of this House, striving to maxi- flawed with, all manner of human weak- mize for the benefit of all members and nesses. I believe that that is a not uncom- the staff the limited facilities allowed by mon characteristic of the human species as our physical situation which, in terms of a whole. I believe that it is in fact a charac- bricks and mortar, I will work hard to teristic of man that he is weak and has improve and expand according to the time- frailties but that by constant and diligent honoured traditions of the parliamentary in- effort and by the slow process of disciplin- stitution, maintaining all of its historical ing those weaknesses and frailties he can character and all of the richness of its past ascend to higher levels of performance. associations dignified by the long spread However, it is easy to tumble back from of the years. Above all, I pledge to you that higher- level, and to tumble back that I will work jealously to defend the irrevocably. ancient freedoms and privileges of mem- So far as the speakership is concerned, I bers wherever they sit. It is against that pledge myself to try that uphill climb. I ask background that your new Speaker grate- for and seek the co-operation of all mem- fully approaches his responsibilities in this bers on all sides of the House to assist me House. in my endeavour to make that slow uphill Mr SPEAKER took the chair. climb and to avoid the irrevocable tumble back. I believe that I can make that climb. Sir ROBERT ASKIN (Pittwater), I will be striving at every step, with the Premier and Treasurer [l .40]: Mr Speaker, assistance of the House, to reach towards on behalf of my colleagues and for myself two ideals-justice and impartiality. There I warmly congratulate you upon your eleva- have been many Speakers whose words have tion to the high office of Speaker. You have indicated that when they came to the made clear that you recognize that in speakership they believed there was avail- carrying out your duties you will be the able easily at hand an absolute justice which custodian of the ancient rights and privi- they could dispense lie clear water poured leges of all members on both sides of the from a jug. My own confused meanderings House. I assure you that in the carrying through the literature of jurisprudence leave out of your duties you will have the sup- me without any such assurance. port and co-operation of the Government parties, and now that you have been demo- Many Speakers have come to the chair cratically elected I feel confident that you convinced that they, as individuals, could be will have also the co-operation of honour- totally impartial. I give to the House my able members who sit opposite. assurance that I will be striving to discover every partial reflex within me and to expel I am pleased that you paid tribute to those reflexes from me. But I am not one your predecessor, Sir Kevin Ellis. Honour- of those who believe that impartiality-true able members who have had the privilege and total impartiality-is within human of being associated with Sir Kevin from grasp. I believe that all of our characters the time he was elected as Speaker have are too mixed up and confused and too no doubt that he was one of the greatest many faceted for that to be possible. None- Speakers of all time. I know that you, Mr theless, I give the undertaking that I bring Speaker, will look upon his example as a to you unimpaired and without subtraction challenge and a spur. I am sure that you of any kind my goodwill and my striving will acquit yourself in the best traditions for the twin ideals of justice and im- partiality. I bring to you also a solemn of the speakership and in due course you assurance that I will use every atom of my will find an honoured place in the ranks being to defend and uphold this Parliament of the many eminent men who have occu- -your Parliament, the mother of all the pied this high office. Again, I congratulate Australian parliaments. you and wish you well for the future. 16 Election of Speaker [AsSEMBLY] The Ministry htr WRAN (Bass Hill), Leader of the I then, in the name of and on behalf of Opposition [1.41]: I join with the Premier the House, laid claim to all their undoubted and Treasurer in congratulating you, Mr rights and privileges, particularly to free- Speaker, on your election to the highest dom of speech in debate and to free access office of this Parliament. I regret that only to His Excellency when occasion should re- a few moments ago the Government by a quire, and asked that the most favourable signal use of its majority suppressed the construction should, on all occasions, be very freedom of sipeech that you are charged put upon their language and proceedings; to preserve. However, you can expect the to all of which His Excellency readily as- co-operation of members on this side of the sented. I take this opportunity to thank the House, for only with that co-operation can House once again for the high honour it has a house of parliament work harmoniously seen fit to confer upon me. and a more positive and independent atti- tude be expected from the Chair. THE MINISTRY: LEADER OF Mr L. B. KELLY (Corrimal) 11.421: I THE HOUSE: GOVERNMENT WHIP join the Premier and Treasurer and the Leader of the Opposition in conveying con- Sir ROBERT ASKIN: I desire to inform gratulations to you, Mr Speaker, on your the House that on 3rd December, 1973, election to your high and honoured posi- with a view to reconstructing the Ministry, tion. I appreciate all that you have said. I submitted to the Governor my resignation Honourable members on the Opposition side as Premier and Treasurer and as a member of the House look to you for the qualities of the Executive Council, an action which about which you have spoken: impartiality, involved the resignation of the whole of my toIerance and the preservation of the rights colleagues. His Excellency immediately com- and privileges of members. I give you my missioned me to form a new Ministry. On assurance that as far as possible I will the same day I was sworn in as Premier endeavour to co-operate with, you. and Treasurer and as a member of the Executive Council, and the following gentle- Mr SPEAKER: I thank the House for its men were appointed by His Excellency as congratulations. members of the Executive Council and to the offices indicated: the Honourable Sir Charles Benjamin Cutler, K.B.E., E.D., PRESENTATION OF MR SPEAKER M.L.A., Deputy Premier, Minister for Local The Premier announced that His Excel- Government and Minister for Highways; the lency the Governor would be pleased to Honourable Eric Archibald Willis, B.A., receive Mr Speaker at Government House M.L.A., Minister for Education; the Hon- at three o'clock, p.m. ourable John Bryan Munro Fuller, M.L.C., [Mr Speaker left the chair at 1.43 p.m. The Minister for Planning and Environment and House resunzed at 2.45 pm., and proceeded to Vice-President of the Executive Council; Government House.] the Honourable Leon Ashton Punch, M.L.A., Minister for Public Works; the The House having returned, Honourable Kenneth MalcoIm McCaw, Mr SPEILKER:Order! I have to report Q.C., M.L.A., Attorney-General; the Hon- that the Assembly has been to Government ourable Milton Arthur Morris, M.L.A., House where I informed His Excellency the Minister for Transport; the Honourable Governor that, immediately after the open- Thomas Lancelot Lewis, M.L.A., Minister ing of Parliament today, the Legislative for Lands and Minister for Tourism; the Assembly, in the exercise of their undoubted Honourable John CIarkson Maddison, B.A., right, had proceeded to the election of their LL.B, M.L.A., Minister of Justice; the Speaker, that the choice had fallen upon Honourable Geoffrey Robertson Crawford, me, and that I had to present myself to His Excellency as their Speaker; whereupon His D.C.M., M.L.A., Minister for Agriculture; Excellency was pleased to offer me his con- the Honourable Wallace Clyde Fife, M.L.A., gratulations. Minister for Mines, Minister for Power and The Ministry [4 DEC., 19731 Election of Chairman 17 Assistant Treasurer; the Honourable Fred- ASSENT TO BILLS erick Maclean Hewitt, M.L.C., Minister for Royal assent to the following bills re- Labour and Industry and Minister for Con- ported since the last meeting of Parliament: sumer AfFairs; the Honourable John Lloyd Appropriation Bill Waddy, O.B.E., D.F.C., M.L.A., Minister Education (Amendment) Bill for Health; the Honourable George Francis Industrial Arbitration (Amendment) Bill Freudenstein, M.L.A., Minister for Conser- Land Tax (Amendment) Bill Registrar-General Bill vation and Minister for Cultural Activities; Strata Titles Bill the Honourable James Caird Bruxner, Travel Agents Bill M.L.A., Minister for Decentralisation and Development; the Honourable Ian Ross LAW OF EVIDENCE BILL (pro form;) Griffith, M.L.A., Chief Secretary and Minis- ter for Sport; the Honourable Laurence FIRST READING Frederick McGinty, M.B.E., LL.B., M.L.A., Bill presented and, on motion by Sir Minister for Housing and Minister for Co- Robert Askin, read a first time. operative Societies; the Honourable Richard Owen Healey, M.L.A., Minister for Youth MESSAGE FROM THE COMMISSIONERS and Community Services. Mr SPEAKER: I have to report that the The Minister for Planning and Environ- House this day attended the Commissioners ment will be represented in this House by in the Legislative Council Chamber where the Deputy Premier and Minister for Local a commission for the opening of Parliament Government and Minister for Highways; was read, and the following message to the and the Minister for Labour and Industry Assembly was delivered: and Minister for Consumer Affairs will be Honourable members of the Legislative Council represented by the Minister for Education. and members of the Legislative Assembly- We have it in command from His Excellency Also, I desire to inform the House that the Governor to acquaint you that His Excel- the Hon. E. A. Willis, B.A., M.L.A., will be lency desires that you take into your earnest Leader of the Government in the House, and consideration such matters as may be submitted the honourable member for Monaro, Mr S. to you. G. Mauger, has been re-appointed Govern- Members of the Legislative Assembly- ment Whip. It being necessary that a Speaker of the Legislative Assembly be first chosen, it is His Excellency's pleasure that you, members of the Legislative Assembly, repair to your Chamber, LEADER AND DEPUTY LEADER OF THE and there, after members shall have been COUNTRY PARTY: COUNTRY PARTY sworn, proceed to the election of one of your WHIP number to be your Speaker. SIR CHARLES CUTLER: I desire to in- form the House that I have been re-elected ELECTION OF CHAIRMAN OF Leader of the Country Party, the Hon. Leon COMMITTEES Ashton Punch, Deputy Leader of the Mr OSBORNE (Bathurst) [4.14]: I Country Party, and Mr James Hugh Taylor, move: Country Party Whip. That James Hill Brown, Esquire, be Chair- man of Committees of the Whole House. If it were not for the fact that there are LEADER AND DEPUTY LEADER OF THE new members within this Chamber, I need OPPOSITION : OPPOSITION WHIP say no more. For their information let me Mr WRAN: I have to inform the House point out that James Hill Brown occupied that on 3rd December I was elected Leader the position of Chairman of Committees from February of last year until the Parlia- of the Parliamentary Labor Party, Mr ment was dissolved. He established such a Laurie John Ferguson, Deputy Leader of fine record as Chairman of Committees that the Parliamentary Labor Party, and Mr I have no doubt he will be unanimously James Patrick Flaherty, Opposition Whip. re-elected to that position. As Chairman of 2 18 Election of Chairman [ASSEMBLY] of Committees Committees he upheld the dignity of that For many years Jim Brown has been a important office. Many honourable mem- well respected member of the Country bers knew that Mr Brown would do a good Party. He has always been loyal to his job in that capacity, but none of them colleagues and, more important, to the realized his potential. Owing to the un- Parliament. In nominating Jim Brown for fortunate illness of the previous Speaker, Sir the position of Chairman of Committees, I Kevin Ellis, it became evident that as am putting forward a man who possesses Deputy-Speaker Mr Brown would have to an outstanding quality needed by all of us. assume heavy responsibilities in this Cham- Mr Brown has basic loyalty to his country ber. However, all fair-minded honourable and, through the Parliament, to its people. members will agree that his performance Earlier today honourable members referred in this position was outstanding. to the institution of Parliament. Jim Brown is a great supporter of Parliament and of This morning when you, Mr Speaker, the system under which we live-the were being nominated for your high office, monarchy, which is above politics. This is many honourable members spoke of the a great safeguard. When we consider the qualities needed by a person who occupied strife and turmoil in various countries of the office of Speaker of this House. I submit the world we realize how fortunate vfiz are that similar remarks would apply to the to have a system above politics, something holder of the position of Chairman of Com- that is stable and a tremendous safeguard mittees. Over and above all these qualities for everyone in this State and the nation. another is looked for in a person irrespective of his position in life-loyalty, which I People who serve in the army, navy, air believe far exceeds the qualities that havs force or the police force take a pledge of already been mentioned. No man will loyalty not to one political party or another, succeed unless he possesses the cardinal but to Her Majesty the Queen. Psychologi- quality of loyalty. Without it no man earns cally that is a tremendous thing for us all. his place on this earth. I submit that in Jim Brown supports the responsible, secure Jim Brown we have the outstanding example type of government that we are so fortunate of a person who is loyal to everything he to have in Australia. In his task as Chair- comes in touch with. man of Committees and in his added and onerous task as Deputy-Speaker of this I do not intend to deal at length with Chamber he has shown strength and under- Jim Brown's history; it was well and truly standing. His background has built into him recorded some twelve months ago. Let me an understanding of the problems of people. merely remind members that he came from When he has occupied the chair he has a family whose father was a coalminer. When the children were of tender age they demonstrated his understanding by his flexi- lest both parents. It was at this early stage bility. Also, he has brought humour and in life that Jim Brown's loyalty was put to colour to a job that he has handled with the test, and anyone who has had any con- impartiality. Honourable members on both tact with the family will know that Jim sides of the House will agree that his firm- Brown's sterling attributes showed out. ness has been tempered with compassion. Most members will know of Jim Brown's When first elected to this House an loyalty to Maitland Boys' High School. His honourable member is inexperienced and pride and loyalty to his old school are un- raw in parliamentary procedure. It is in this questioned. He promotes it on every pos- sphere that Jim Brown has shown compas- sible occasion. Again, Mr Brown's loyalty sion. It is easy for a person blessed with is evident in his attitude to sport. Indeed, fluency, a glib tongue, to approach the table he has been loyal to everything he has come in contact with. During the last war of this House to address members. Many when this country needed loyal men, Jim honourable members do not possess this Brown served in the army. After hostilities blessing. In order to do the job for which ceased he did not forget his old service they have been elected they must rely for friends; he took up their cause in the help on an occupant of the chair who has Returned Services League and Legacy. understanding and compassion. Members Election of Chairman [4 DEC., 19731 of Committees 19 who lack the blessing of fluency and an easy hlr Brown has spent a lifetime helping flow of words need help of the kind I have ntherh. When he was an insurance agent mentioned in order that they may do their his assistance to clients went far beyond best for their constituents. Jim Brown has the call of his office duty. As a leader in shown great kindness to members who have that field he was noted for the personal had ditficulty in getting the point across. interest he showed in other people and in the requirements of his clients. He is a man It is with great pride that I have nomi- who follows a task through and a man with nated James Hill Brown for this position. drive. Upon my election to Parliament I It affords me tremendous satisfaction to do immediately came under the eye of MT so because he has been a good friend of James Brown. mine as he has to many honourable mem- bers in this Chamber. To all members who [Interruption] value the parliamentary institution and its high standards his appointment will be ac- Mr SPEAKER: Order! There is far too ceptable. Many people denigrate the title of much audible conversation on both sides member of the Legislative Assembly and of the Chamber. sometimes honourable members bring criti- cism upon themselves but I assure all who Mr BARRACLOUGH: I had entered value this institution that its standing and the Country Party building without permis- respect will be not only uplifted but also sion but the honourable member left me embellished by having Jim Brown as Chair- in no doubt that he was a firm and vig- man of Committees. I commend his orous but kindly Whip. In true style he nomination. literally tackled me out of Richmond Cottage. Mention of the word tackle Mr BARRACLOUGH (Bligh) [4.24]: I reminds me of another aspect of the have pleasure in seconding the motion career of James Brown. It may interest moved by the honourable member for honourable members to learn that he was Bathurst for the appointment of Mr James noted for his vigorous tackling as a Rugby Hill Brown as Chairman of Committees. Union winger-of course on the right wing. Since he entered the Assembly in March of In 1937 Jirn Brown played for Northern 1959 the honourable member for Raleigh New South Wales against the Springboks has endeared himself to members on both and in 1938 against the All Blacks. I have sides of this House. The honourable mem- here an article from the Sydney Morning ber, who is commencing his sixth term as a Herald of Thursday, 20th July, 1938, member of this Chamber, is noted for his headed "All Blacks: Errors in play, match at common touch. Above all he is noted for Newcastle". The article reads: his generosity. During his membership of The New Zealand Rugby Union All Blacks this Chamber, now approaching 15 years, he did not live up to their reputation in the game has had a distinguished parliamentary career. at Newcastle today in which they beat New- castle District by 39 points to 16. Opportunity His continuous term of service has been de- instead came the way of 3. Brown, who had been selected as a winger, and then moved into manding for him mainly because he is the the centre. He had a great afternoon, scoring kind of person who does not do things by one of the two Newcastle tries, making the other possible, converting both tries and kick- half measures. It would be difficult to find ing the penalty goals. a more conscientious person than the hon- ourable member for Raleigh. The true Any man who has scored 13 points measure of a good parliamentary member against an All Blacks team is possessed of great courage. The Leader and Deputy is the way in which he represents his con- Leader of the Country Party will agree that stituents. Jirn Brown has no peers in this they have been fortunate indeed to have respect. I am sure that my sentiments will be as a colleague a man of the wit and calibre heartily echoed by the constituents of of Jim Brown. Our former colleague, the ~alei~h,whom he has served willingly and Hon. S. T. Stephens, who was Minister for untiringly. Housing and Minister for Co-operative 20 Election of Chairman [ASSE MBLY J of Committees Societies for many years, paid a glowing when considering the candidature of Eric personal tribute to Jim Brown for his work Ramsay, for his greatest asset is his capacity as president of the Association of Co-opera- to make friends on both sides of the House. tive Building Societies. I know that Jim I submit that it is indeed rare in an institu- Brown derived much satisfaction from that tion where human conflict is a way of life work. It stemmed from the help he gave to to find a man with so many friends and no thousands of homeseekers by means of his enemies. Honourable members know that in wisdom and planning while acting as presi- electing Eric Ramsay they would have a dent of the association. Chairman who would be firm when firmness It is with the greatest of pleasure and a was required but who would at all times be deep feeling of personal honour that I sup- patient and understanding and would in- port the motion moved by the honourable variably give honourable members the bene- member for Bathurst for the election to the fit of the doubt. Perhaps he would be a little position of Chairman of Committees of a more generous in his interpretation of what man who will discharge his duties with im- is relevant or within the order of leave than partiality and distinction. honourable members have been used to in the past. However, we all know that he Mr F. J. WALKER (Georges River) would give short shrift to any member who [4.31]: I move: set about wasting time or trifling with the That Eric Daniel Ramsay, Esquire, be Chair- Committee. man of Committees of the Whole House. One only has to look at Eric Ramsay's I move this motion because I know of no background for factual confirmation of the man in the House more suited than Eric qualities of which I have spoken. Eric was Ramsay, both from the point of view of educated to university matriculation stand- qualifications and personal qualities, to fill ard during the depression. He served an the distinguished office of Chairman of apprenticeship as a boilermaker, and at- Committees of the Whole House. Each tained the highest standards in his trade, in honourable member will have his own view which he served for many years, first as a on the particular attributes with which a tradesman and later as a teacher. He was Chairman of Committees should be en- quickly recognized as a leader by his peers, dowed. My view is that the interests of the and was elected and served for many years House would be best served if, when filling as secretary and State president of the this office, we were to seek out men noted Boilermakers and Blacksmiths Society of for their qualities of warmth, tolerance and Australia, and as president of the South human understanding, rather than cold, Coast Labor Council. He became renowned legalistic enforcers of the rules. Although as an industrial advocate in both the State Eric Ramsay is not a lawyer and lays no and federal jurisdictions, and he was an claim to be an expert on standing orders, architect of the excellent industrial harmony he does possess a wealth of those human that prevailed under the most difficult cir- qualities which, in my opinion, when com- cumstances on the Snowy Mountains bined with a little experience in office, will scheme. For twenty-two years he has been earn for him the respect and admiration of a member of the Apprenticeship Council, the Parliament. and for fifteen years he has been a member The first quality one looks for in a Chair- of the Technical Education Advisory man is an ability to command the respect Council. and co-operation of the overwhelming majority of members of the Committee. I Eric Ramsay is a modest man and it am sure you would agree, Mr Speaker, that may surprise honourable members to learn it would not be in the interests of the dig- that he has an outstanding sporting record. nity and decorum of this House to force He has represented New South Wales at upon it by a weight of numbers a person who was held in great disregard by a sig- Rugby League, and the Southern Districts nificant section of honourable members. of the State at athletics; he has played Such a thought can be readily dismissed soccer for Balgownie and has contributed Election of Chairman [4 DEC.,19731 of Committees 2 1 thirty years to first-grade cricket in the Illa- Mr COX (Auburn) [4.36]: I second the warra district, as well as being an active nomination of Eric Daniel Ramsay, Esquire, member of several surf lifesaving clubs. for election to the position of Chairman Typically, he has put far more back into of Committees of the Whole House. I do sport than he has taken from it. For many so, for since Mr Ramsay has been a member years he has been a State soccer administra- of the Legislative Assembly I have had an tor. For more than twenty years he has opportunity of assessing his abilities and served as president of the Balgownie soccer characteristics. I come into contact w~th and cricket clubs and as a coach for junior him quite frequently, and I have formed a soccer players and cricketers. His outstand- friendship with him. I know that if Mr ing contribution to the welfare of youth Ramsay were elected Chairman of Com- in the Wollongong area was recognized mittees, honourable members would have recently by the Wollongong city council, in him a man who would carry out the which bestowed upon him the great honour functions of his office in a completely satis- of a special civic award for his services. factory manner. However, that is but one example among The honourable member for Georges thousands in Eric Ramsay's long career of River has given the details of the career of community service, which include$ an award Mr Ramsay and has spoken of the positions from the Polio Society and six year's service he has held or still holds in society. One on the Wollongong University Advisory of the points that comes through strongly Council. Even in this House he has con- is Mr Ramsay's association with the trade- tinued his selfless work, serving with dis- union movement, particularly as State presi- tinction on the House Committee where his dent of the Boilermakers and Blacksmiths' most notable achievement, to my mind, was Society of Australia for fourteen years, and his successful stand on the right of qualified as president of the South Coast Labor Coun- female staff members to enjoy the same cil for fifteen years. This is a background privileges of the House as had been of stability in the trade-union movement, bestowed upon their male counterparts. and Mr Ramsay can be seen to be a man I have no wish for honourable members who has become a leader in that field. to interpret from what I have said or have In sport, Mr Ramsay has considerable not said, by way of inference or otherwisz, attainments, and has given back much to that I am in any way deprecating the hon- soccer and cricket, particularly in his coach- ourable member for Raleigh, whom I have ing of juniors for twenty years. It is inter- known since I was a schoolboy. Indeed, I esting to note that he represented the under- was a Rugby League winger-left, of course 18's in playing Rugby League for the country, scoring the winning try when -in 1960, and I recall playing at Kempsey Country beat City 3 to nil. Mr Ramsay has until after about thirty minutes I wss put a good background; he has understanding out of the game by a stiff-arm tackle by and maturity, and would certainly carry out the right-winger on the opposing side. It the duties of Chairman of Committees in an was not Jim Brown: it was his son. Hon- impartial way. ourable members should always take what I want to deal briefly with the Govern- I say about Jim Brown with a graia cf salt, ment's nominee for this position. It was for it was a condition precedent for recipi- obvious that the Government had great dif- ficulty in "selling" Mr Brown to this Parlia- ents of the J. H. Brown Prize for English ment in nominating him for election to the Literature that they signed a pledge of office of Chairman of Committees of the irrevocable support for the donor. The Whole House, because honourable members Lahor Party is justly proud of Eric Ram- have had an opportunity to observe Mr say and I confidently nominate him for the Brown as Chairman of Committees. I do not say this with any bitterness, but he made office of Chairman of Committees of the wrang decisions, and he made one of them Whole House-an office that we believe he when I was speaking in a debate and will fill with great distinction. referred to the Mafia. The Chairman of 22 Election of Chairman [ASSEBXBLY] of Committees Committees ruled that I could not use the will make decisions that reflect upon the word Mafia, whether it was the Mafia in Opposition. I am pleased to support the Iceland, Britain or anywhere else. Subse- nomination of Mr Eric Rarnsa~ quently, honourable members were prevent- ed from using that word at a time when Mr RAMSAY (Wollongong) [4.45]: I there was much discussion in the community accept the nomination with pleasure and, about criminal activities. That decision was according to precedent, I await the will of wrong, and everybody knows it was wrong. the House. It is a decision that will have an important Question-That James Hill Brown, bearing on future proceedings in this House, Esquire, be Chairman of Committees of the for it has resulted in the stifling of debate, Whole House-put. and honourable members have been pre- The House divided. vented from exercising their rights. AYES, 51 I mention that because it has to be men- Mr Arblaster Mr McCaw tioned. If the House is making a decision on Sir Robert Askin Mr McGinty this matter today, members should be fully Mr Barraclough Mr Mackie aware of all factors, including the tempera- Mr Boyd Mr Maddison Mr Brewer Mr Mason ment of the person who will be elected to Mr Brooks Mr Mauger this position. I am not saying this with any Mr Brown Mrs Meillon bitterness, but I do say that if members Mr Bruxner Mr Morris re-elect the honourable member for Raleigh Mr Coates Mr Mutton Mr Coleman Mr Osborne to this position of Chairman of Committees, Mr Cowan Mr Park we shall want an assurance that his decisions Mr Crawford Mr Pickard will be the right ones and that the Opposi- Sir Charles Cutler Mr Punch tion will not be denied the opportunity of Mr Darby Mr Rofe Mr Doyle Mr Rozzoli ventilating matters that should be ventilated Mr Duncan Mr Ruddock in this Parliament. For that reason I sup- Mr Fife Mr Singleton port the Opposition nominee, the honour- Mr Fischer Mr Taylor able member for Wollongong, who repre- Mr Fisher Mr Viney Mr Freudenstein Mr Waddy sents opinion, balance and understanding, Mr Griffith Mr N. D. Walker and who would carry out the functions of Mr Harrold Mr Willis Chairman of Committees in a wonderful Mr Healey Mr Wotton way because of his character and ability. Mr D. B. Hunter Tellers, Mr Leitch Mr Jackett He has mixed with men and he knows the Mr Lewis Mr Mead requirements of this position. If elected, he would bring an honest approach to bear NOES, 45 and would make the right decisions that Mr Bannon Mr Jones Mr Barnier Mr Keane must be made. Mr Bedford Mr Kearns For these reasons I strongly support and Mr Booth Mr L. B. Kelly Mr Brereton Mr Maher second the nomination of Mr Eric Ramsay Mr Cahill Mr Mallam as Chairman of Committees, which is an Mr Cox Mr Mulock important position indeed. I should be wrong Mr Crabtree Mr Neilly Mr Day Mr O'Connell if I failed to mention some of the Opposi- Mr Degen Mr Paciullo tion's fears in the light of what has taken Mr Durick Mr Petersen Mr Einfeld Mr Quinn place in the previous twelve months. If I Mr Face Mr Ramsay had not done that, we would not be able to Mr Ferguson Mr Renshaw Mr Flaherty Mr Rogan say that we had criticized some of Mr Mr Cordon Mr Sheahan Brown's earlier decisions in this Chamber. Mr Haigh Mr Stewart Mr Hatton Mr Wade They should be criticized. I make these re- Mr Hills Mr F. J. Walker marks for the reason that we of the Oppo- Mr M. L. Hunter Mr Wran Mr Jackson Tellers. sition want a fair crack of the whip. We do Mr Johnson Mr Jensen not want a Chairman of Committees who Mr Johnstone Mr Mahoney Mr Cox] Chairmen of Committees [4 DEC., 19731 Questions without Notice 23

Question so resolved in the affirmative. Sir ROBERT ASKIN: I shall be glad Motion agreed to. to refer the matters raised by the Leader of the Opposition to the Minister for Lands for a reply. TEMPORARY CHAIRMEN OF COMMITTEES Mr SPEAKER nominated the following RAIL LINK TO SYDNEY AIRPORT honourable members to act as Temporary Mr JACKETT: I ask the Minister for Chairmen of Committees during the present Transport whether more than one million session: Harold George Coates, Esquire; oversea passengers and four million intra- Evelyn Douglas Darby, Esquire; Robert state and interstate passengers pass through Bruce Duncan, Esquire; Lawrence Borth- the Sydney (Kingsford Smith) Airport each wick Kelly, Esquire; and George Paciullo, year. Further, do coaches and cars convey- Esquire. ing passengers and their friends to and from the airport add seriously to the congestion PENALTIES FOR SERIOUS CRIMES of inner-city and near innner-city streets? Is the Minister aware that the Eastern Suburbs PETITION Railway could be connected to the airport Mr FISHERpresented a petition from cer- by a short over-line link at Sydenharn station tain citizens alleging that in view of the and serve directly both domestic and inter- large number of atrocities upon persons in- national terminals by about 5 chains of volving sexual violations of children, rape underground construction? Will the Minis- with violence, kidnapping and premeditated ter investigate the possibility of adding this murder the penalties for these crimes are work to the construction of the Eastern inadequate; and praying that the Legislative Suburbs Railway and so make available a Assembly will legislate to impose increased ten-minute airport-to-city service for air sentences for these crimes of violence and travellers, an assured out of peak hours to re-introduce the death penalty for pre- passenger payload of up to 100,000 per meditated murder. week and a reduction in city traffic con- Petition received on motion by Mr Fisher. gestion? Mr MORRIS: On a number of occasions the Commonwealth Government has QUESTIONS WITHOUT NOTICE approached the State Government suggest- ing the desirability of having the airport CROWN LAND AUCTIONS at Mascot connected to the Eastern Suburbs Mr WRAN: I ask the Premier and Trea- Railway system. The Department of Civil surer whether last Saturday twenty-six blocks Aviation has been concerned about the great of Crown land at Maroubra were auctioned, aggregation of employment at the Sydney bringing a total return to the Government (Kingsford Smith) Airport. Several of $1,019,800, which was $231,000 above thousand people are employed permanently the already absurdly high reserve price im- at the airport, which causes great traffic posed by the Department of Lands. Last congestion and parking problems. Last year year did the Government reap a total of the State and federal governments had dis- $8,446,124 from Crown land auctions, which was an increase of something more cussions about the subject and the State than $23 million on the previous year? Is Government suggested that this was a pro- it estimated that this year Crown land auc- ject towards which the federal Government tions will return a total of $10,300,000 to ought to make a contribution. I do not consolidated revenue? Because of the grave know what stage these discussions have public concern at the continued sky-rocket- ing of land prices, what does the Govern- reached. The suggestion of the honourable ment propose to do during this session of member for Burwood seems to be a worth- Parliament to combat this growing social while one indeed and obviously he has cancer? given it considerable thought. Perhaps he 24 Questions without Notice '[ASSEbdBLY] Questions without Notice would permit me to provide a considered attitude expressed by the Metropolitan Com- reply for tabling as soon as I can! produce missioner of Police in London, Sir Robert it so that he and the House may be in- Mark, who has recently made some impor- formed. tant statements demonstrating that he be- lieves some tribunal should be established which would not be a public tribunal but a ALLEGATION OF POLICE BRIBES tribunal of reputation to examine the Mr FERGUSON: My question without thoroughness of investigations by police into notice is directed to the Minister of Justice complaints made against individual officers. in! his capacity as ministerial head of the I believe that the proposal by Sir Robert police force. Has the Minister's attention Mark is still under consideration by the been drawn to an allegation by a sergeant Home Office. It has a great deal of interest of police that police were accepting bribes? for me to see whether it would be relevant Does the police officer claim that the police to the situation which one finds in New officers involved have not taken any action South Wales. to stop bashings by persons associated with At this point I know nothing of the truth a city club, despite the fact that they have or otherwise of the particular allegation to evidence to warrant prosecutions being which the Deputy Leader of the Opposition launched? Has this most serious allegation has drawn attention. From what I have read been investigated, and: if so, what has been and heard I believe the allegation relates to the result of the investigation? So that the facts and incidents which occurred some public might be satisfied that a thorough and twelve to eighteen months ago. Until fairly searching investigation was carried out, will recently they had been under consideration the Minister table all the papers concern- by courts and in a sense had therefore been ing this allegation and alm permit their sub judice. I have asked the Deputy Com- publication by the news media? missioner of Police in the absence of the Commissioner of Police to provide me with Mr MADDISON: My attention has been a report relating to the allegations, and when drawn to the statements made by a sergeant I receive it I shall determine what should of police along the lines mentioned by the be the attitude that I should adopt on Deputy Leader of the Opposition. Of course, whether the contents should be made known. it is not unusual for one to find members I shall give no undertaking at this stage that of the Opposition making allegations of im- any report that I receive from the Deputy propriety against police officers. Indeed Commissioner of Police will be made avail- during the last Parliament it was common able to the public or to this House; it will to find this type of allegation being made. depend entirely on the facts and circum- The fact that the allegation on this oc- stances which are alluded to in the report. casion has been made by a sergeant of police on a television programme adds a little more SCHOOL LIBRARY SUBSIDY colour to it. When I assumed responsibility for administration of the police force I in- Mr FISCHER: Has the Minister for Edu- timated that one of the matters that con- cation announced a major change to the cerned me was the satisfaction of the public school library subsidy system in New South that when the police made investigations into Wales? Will country schools be disadvan- complaints made by members of the com- taged because freight and cartage will be munity, they could be confident that it was included in the basic amount to be provided not a whitewash job that was done, that a to schools under the new system? Will the thorough investigation had been made, and Minister examine this matter with a view to that the report was made public. reviewing the announced intention to in- I have still under consideration the tech- clude freight and cartage under the new niques which might be used to investigate formula and to providing true equality in complaints made by citizens about alleged the assistance by the State Government for misconduct by police officers. In my re- the worthy cause of provision of books to searches I have been directed to the present the schoolchildren of New South Wales? Questions without Notice [4 DEC., 19731 Questions without Notice 25

Mr WILLIS: I am grateful to the hon- HOSPITAL SERVICES IN OUTER ourable member for Sturt for raising this WESTERN SUBURBS matter because the particular anomaly to Mr MULOCK: My question without which he has drawn attention in his ques- notice is directed to the Minister for Health. tion was brought to my notice during the Did the Premier and Treasurer indicate in recent election campaign when I was in his Loan Estimates Speech that the amount country districts in different parts of the to be spent this financial year on Royal State. When the decision was taken to North Shore hospital would bring the change the library subsidy scheme from one total spent on this hospital over the past in which the department, in essence, gave few years to $25 million? As the Govern- the most to schools where the parents' body ment since coming to office almost nine raised the most money, to one in which all years ago has not built one new hospital in children would be given an equal per capita Sydney's expanding areas, what does the allowance throughout the State, somehow or Minister intend to do to provide urgently other in the transmission of that policy de- needed hospital services in the outer western cision the circular from the department to suburbs? all schools in the State led to some mis- understanding. Perhaps it was the way it Mr WADDY: I appreciate the confidence was phrased. On my return to Sydney I that the honourable member for Penrith called for the circular. In the light of my has shown in me by seeking an immediate study of its contents I asked the Director- answer to such a question. I shall give the General of Education to send out another question consideration and when I am in a position to do it I will give him an answer. circular clarifying the position. I certainly do not want to have one type HOVERMARINE TRANSPORT of inequality replaced by another. As the Mr MUTTON: I ask the Minister for honourable member implied in his question, Transport whether he has noted the arrival previously there was a form of inequality of the Hovermarine I1 Mark 3 to be known here as the hoverferry. In view of the stemming from the fact that the amount of advantages of this vessel over the hydrofoil the library allowance depended on the and ordinary hovercraft-the advantages activity or affluence of a school parents' being less noise, less wash and a much shal- body. I wanted a system under which every lower draught than other vessels, making it child in this State would be treated equally, possible to travel about in comparatively but I found from the wording of the cir- shallow waters, even as far up the Parra- matta River as Rosehill and to Rnseville cular that an impression had been created baths on Middle Harbour-will the Mkn~aLsr whereby schools situated farthest from the do all in his power to encourage the licens- department's head office were disadvantaged ing of fresh routes, including to Rose Bay, by having to meet freight costs out of the and the construction of more wharves to library allocation. In essence, it appeared enable the hoverferry company to bring more of these vessels to Sydney, and to give as though there was some sort of discrimina- Sydney commuters much greater access tion. I assure the honourable member for to water transport? Sturt and all other honourable members Mr MORRIS: All honourable members, who have shown an interest in this matter including the honourable member for Yar- that I have already requested the Director- alla, who, for a long time, has been making General of Education to distribute to schools ardent representations for hovermarine craft another circular clarifying the position so as to be introduced to Sydney Harbour, will be to make it clear that the library subsidy delighted to learn that one has arrived in Sydney and is in the process of being un- scheme incorporates the principle of equality packed, if that is the appropriate expression. for all children, and that freight is a separate Early tomorrow morning the craft will make matter and it will be reimbursed. a trial run on Sydney Harbour carrying 26 Questions without Notice [ASSEMBLY] Questions without Notice several honourable members who have been lights and other road safety signs. I take making representations on this matter. The it that the honourable member for Corri- Minister for Tourism will be among those mal is suggesting that this type of work having a jaunt on the harbour in the craft ought to be repeated on the Mount Ousley in the early hours of tomorrow morning road. If it is in the interests of road as the guest of Dolphin Ferries Pty Limited. safety and if the present warning signs on It will not be long before a regular hover- this road are inadequate, I assure the hon- marine service will be introduced from ourable member that something will be Circular Quay to Gladesville. It is the done. I ask him to allow me, first, to obtain Government's aim to do all it possibly can a full report. I give the honourable member to encourage greater use of Sydney Harbom an assurance that every precaution will be for commuter purposes. I assure the hon- taken to avoid a recurrence of the unfor- ourable member for Yaralla, and the hon- tunate incident to which he has referred. ourable member for Fuller, who is also interested in this matter, that when an application is made to the department for PRESERVATION OF COASTAL LANDS permission to extend the franchise to take Mr SINGLETON: I wish to ask the in new areas approval will be quickly and Minister for Lands a question without readily given for them. notice. Can the Minister tell the House what progress has been made fn relation to the preservation of coastal land? Have some ROAD SAFETY ON MOUNT OUSLEY areas of residential land been excluded from Mr L. B. KELLY: I wish to direct my this policy? Have some false claims been question without notice to the Minister for made in relation to errors in this plan and Transport. I ask the Minister whether his has this been brought to the Minister's attention has been invited to the fact that notice? Can the Minister inform the House yesterday a heavily laden coal-truck got on what basis compensation will be assessed away on Mount Ousley and that an accident for land to be purchased by the Crown occurred in which the driver was fatally under this policy? injured. Owing to the fact that there are no signs indicating a long descent of about Mr LEWIS: I was surprised to see during five miles on this road, do some drivers of the election campaign a claim by the hon- heavy trucks not always engage low gear ourable member for Casino that he had been before beginning the descent? Yesterday, responsible for releasing some land-- despite the driver's attempts to stop his Mr DAY: On a point of order. In reply- vehicle he was unable to do so, but for- tunately were no other vehicles involved? ing to a question a Minister is required by As the Mount Ousley road is a popular the standing orders to codne his answer to route I ask the Minister whether he will the subject-matter of the question. The have the matter investigated with a view Minister for Lands was not asked about to ensuring that adequate warning and road any statements that I made or did not make. safety signs are positioned in the area. In fact, during the election campaign I made no such claims. They were made by Mr MORRIS: The honourable member the Corindi Beach Protest Association. for Corrimal has raised a serious matter. So far I have only read the press statement Mr SPEAKER: Order! No point of order concerning the unfortunate accident involv- is involved. ing the coal-lorry on this road yesterday. Mr LEWIS: I was surprised to see the It is a few years since the honourable mem- claims allegedly made by the honourable ber for Bulli-as this particular electorate member for Casino. Many outrageous was then styled-had me down in the area claims were made during the election carn- to visit Bulli Pass. As a result, consider- paign, but this was the most outrageous of all, for the only approach made to me was able work was done on that road, includ- by three members of the Country Party. ing sign posting, the provision of flashing The honourable member for Clarence Questions without Notice [4 DEC.,19731 Questions without Notice 27 led the trio that came to see me in relation commissioner in accordance with the terms to the protection of coastal land. He pointed of reference of the Royal commission, which out that some mistake could have been require that all relevant notes and docu- made-and I said this in the House in ments be made available to the commission? answer to a question in the latter part of the last Parliament. The committee that Sir ROBERT ASKIN: What the honour- was looking into the protection of coastal able member for Auburn Says is mainly cox- lands had taken some two years to do the rect. It is true that in the 2.?, hours during job and obviously changes occurred between which I gave evidence I was asked many the time they inspected some areas of coastal questions, and the facts in relation to one land and the time they made their report Or two I could not remember offhand. After- to the Deputy Premier, Minister for Local wards, when I checked with some Cabinet Government and Minister for Highways and Papers, I remembered that the Hon. F. M. myself. Hewitt came and asked me whether he and his two colleagues could go and see the The member police department about something that had was outraged and he came to see me and come under their notice. Anybody who has pointed out, particularly in relation to been in cabinet knows that there is a run- Corindi, that an error had occurred. The ~ngconference between ~ini~~~~~and the Leader the Country and I red- chairman of Cabinet-that is, myself-about fied that error quickly- *l1 I can say is extraneous matters not listed for considera- that claims made on this matter by any tion. I just said, -yes, see sir G~~~~~Gray" person other than the honourable member whois now dead of course-and that is for were and never all there was to it. I just gave my permission. have been made. I pay tribute to the hon- was said like that. ourable member for Clarence for looking after his constituents so well that the town When I attended the of Corindi now has no fear that the areas 1 had no recollection of this. It is of no in question will be added to the lands to Significance whatever; it was just that I did come under coastal protection. not remember ofiand that Mr Hewitt had spoken to me and asked for permission. That is all it was; it was just a pencil note ROYAL COMMISSION INTO ALLEGA- on the edge of the Cabinet minute. How- TIONS OF ORGANIZED CRIME IN ever, I will take the opportunity of saying CLUBS that although there is still time for them Mr COX: MY question without notice is to do SO, I should have thought that the directed to the Premier and Treasurer. 1 honourable member Auburn and refer to the cross-exam~nationat of his colleagues who were responsible for the ~~~~l commission of inquiry into al- the formation of the Royal commission by legations of organized crime in clubs and in saying that the Government was doing something wrong in covering up for criminal particular to the Premier's reference to a elements, would have done what I, and my visit by three Of his Ministers to Super- three colleagues did, and that was to write intendent Lendrum. Did the Premier indi- to the commission and say that we were cate during that cross-examination that he quite willing to go along voluntarily and be was not certain whether three of his Minis- cross-examined. Four Queen's Counsel asked one me questions for more than two hours and ters had g see Mr Lendrum* but, 1 was quite happy to give them all the in- subsequently, upon returning to his office formation I had. and referring to some notes, did he recall The people who made the allegations that one of those 'Ministers had intimated about covering up have been most notice- to him that the three Ministers in question able by their absence from the Royal com- were going to see Mr Lendmm? Will the mission. I should have thought that the Premier inform the House whether those gentlemen who alleged these things would notes have been forwarded to the Royal not do so without having some information. 28 Questions without Notice {ASSEMBLY] Questions without Notice

Surely they could not make serious allega- down the authors of such malicious and tions like that without any foundation. If misleading rumours that are sweeping they did, they should not be in Parliament. through the ancillary staffs and causing un- Apparently, that seems to be the case, or necessary meetings to be called? else there is a reluctance on their part to give evidence and for some other reason that Mr WILLIS: My attention has been in- I do not understand they will not appear vited to the advertisements referred to in before the Royal commission-up to date, the question. These advertisements cover at any rate. It ill behoves the honourable much the same ground as was covered by member for Auburn to ask a question like staff representatives, including the president this when he, as one of the main offenders, of the Public Service Association, who came has not seen fit to go before the Royal to see me in deputation concerning the commission. document that is being circulated, and known commonly as the White Paper, or Mr Cox: On a point of order. I object to something of that nature, entitled The Com- the words main offenders as used by the ~nunityand Its Schools. One or two sen- Premier in his reply. I have not offended tences in that document have been inter- against anyone in relation to this Royal preted-or perhaps I should say misinter- commission which is taking place. preted-by certain persons in the Public Service Association to mean that the Gov- Mr SPEAKER: Order! No point of order ernment intends to do something of the is involved. sort suggested, even though I have given them strong assurances that no such pro- Sir ROBERT ASKIN: I am willing to withdraw the word offenders and substitute posals are at this stage under consideration. the word accusers. What the Public Service Association has told its general division members, and that Mr Cox: On a further point of order. The includes all the clerical staffs employed in word accusers is offensive to me on the schools, is that the Government has a plan basis of what has taken place. I ask that the whereby it will establish councils in each of Premier be directed to withdraw that word the schools, and those school councils will and to apologize for using it. consist of local people, without any con- Mr SPEAKER:Order! I remind honourable sideration of matters other than those of members that in relation to matters of this a local nature, and they will be the employ- sort their skins must not be too thin. In the ing authority for the ancillary staff of the political sense I do not think that is the sort school. The effect of this, so the general of phrase I ought to require the Premier division employees have been told, is that to withdraw. there will be a great deal of nepotism and patronage, that the present employees un- questionably will lose their jobs, that all THE COMMUNITY AND ITS SCROOLS sorts of terrible consequences will flow from this, that they will no longer be members of Mr VINEY: I ask the Minister for Edu- the public service, that they will not have cation a question without notice. Has the the protection of the Public Service Associa- attention of the Minister been invited to a tion, and goodness only knows what else. press advertisement asking members of the general division of the Public Service As- I am sure that I do not need to tell any sociation of New South Wales to attend a honourable member who has taken the special general meeting, and stating that the trouble the read the White Paper in question purpose of the meeting is to consider action that there is no proposal or plan at this arising from ministerial proposals for the stage. That document was circulated solely employment and control of ancillary staff in for the purpose of stimulating discussion in schools by proposed school councils? Will the community about the general idea of the Minister advise the House whether he community involvement in education admin- has any such proposal in mind? If he has istration. A number of suggestions were not, will the Minister endeavour to track made that were possibilities. However, not Questions without Notice [4 DEC.,19731 Questions without Notice 29 even in the document and the other things various notorious establishments declared to which I have just referred are those mat- common gaming houses. The current posi- ters alleged to be a Government plan. There tion is that the Government has under con- is no Government plan at this stage. The sideration a proposal for amending the matter is still under consideration by a Gaming and Betting Act in order to close panel of experts appointed by me several the gap, but the amendments have not yet months ago and from whom I should not been dealt with by the Government. During be expecting a report for a few weeks yet. the previous Parliament we had a lot of No plan will be implemented until it loose talk in this Chamber-and apparently has again been circulated for public dis- it is going on in this Parliament-about cussion. I am quite sure that all the ill illegal gambling clubs, and the ease, existing feeling and panic being whipped up at apparently only in the mind of the honour- present is without foundation. Certainly it able member for Georges River, of having does not justify the advertisement to which them declared common gaming houses. I the honourable member referred, calling the point out that some legal gaps exist and I public meeting which, I understand, is to want to read one or two extracts from judg- be held somewhere in Sydney next week. I ments to indicate the difficulty of closing should be grateful if the honourable member them. I propose to quote from a judgment for Wakehurst or any other honourable of Mr Justice Taylor in the Supreme Court member who may have this matter raised on an application for an order declaring with him would assure those of his con- premises at Rozelle a common gaming stituents who might mention this subject house. The facts were these. There had been that there is no plan at present; that the a series of four arrests made from the matter is still subject to investigation, dis- premises for the playing of what were cussion and consideration; and that no plan illegal games. Mr Justice Taytor drew atten- will be implemented until after what is ulti- tion to the connotation of a common gaming mately submitted to me by the panel of house and in his judgment he said: experts is circulated for further considera- There is no question of any disorderly con- tion. At this stage the agitation and the duct of the premises; there were no complaints public meeting being called are literally or noise, no evidence that people who went there were other than respectable, quiet and much ado about nothing. well behaved; and the element of pernicious tendency, if it existed, must be found in the fact that people went there habitually for the ILLEGAL GAMBLING CLUBS purpose of playing these card games for money . . . I have no doubt that the Police were Mr F. J. WALKER: I ask the Minister of justified in entertaining the suspicion that they Justice whether he promised the House did entertain, that is that card games were being played for money in these premises and that during the previous Parliament that he that constituted a Common Gaming House. would call for a report from Crown law The fact that they entertained the suspicion, officers on the question of closing illegal the fact the various persons in charge at the gambling casinos. Is that report to hand, games pleaded guilty to being the Keeper of a Common Gaming House and that the players and if so, does it deal with the legal position forfeited their recognizance in a large number regarding the closure of clubs obviously of cases, does not, in my opinion, afford a conducting illegal games such as baccarat ground for holding that these premises were and roulette? Will the Minister table the used in contravention of the Act, as a Com- report so that the Opposition and the public mon Gaming House. In the absence of any evidence that this use of the premises was may study it? accompanied by acts or circumstances which could constitute the use of a public mischief Mr MADDISON: I am not sure that I or nuisance injurious to public morals and so said that I should table a report on illegal make it a pernicious use of the premises, the gambling clubs, so-called. What I said premises were not, in my opinion, being used in contravention of the Act. recently was that the Government, through the Chief Secretary and myself, has been Similarly, Mr Justice Isaacs referred in a examining deficiencies in the Gaming and judgment to the law to which Mr Justice Betting Act which made it difficult to have Taylor had adverted. It related back, of 30 Questions without Notice '[AWEMBLY] Questions without Notice course, to a long-standing decision of Mr Mr MADDISON: I withdraw the word Justice Street, as he then was, in the case "deliberately" and say that it is false. Quite of Eggins v. Wilcox, 60WN 215. Mr Jus- clearly the decisions of the courts on the tice Isaacs, who was dealing with the application of the provisions of the Gaming question of whether premises could be de- and Betting Act in relation to the declara- clared a common gaming house, said in his tion of a common gaming house are not as judgment: alleged by the honourable member for The qualification so placed as constituting Georges River but are in line with judgments a Common Gaming House by Street J. has of the Supreme Court to which I have re- stood for more than twenty five years notwith- ferred this afternoon. Obviously there are standing amendments made in that period to gaps in the law, but the Government is the Gaming and Betting Act, and Sugarman J. (as he then was) in Grigg v. Bell and others determined to close them. By virtue of the (85 W.N. Part 1 P.628 at P. 629/630) adopted Chief Secretary's involvement, and mine as this qualification and referred to its adoption ministerial head of the police, the Govern- in New Zealand and Queensland, and although ment has the problem under consideration he distinguished that case from the facts in Eggins v. Wilcox, he did not in my view and is desirous of resolving it urgently. depart from its principles. In my view applying these principles on no occasion was the subject premises used as a Common Gaming House as HOUSING SHORTAGE a matter of law or fact. The fact that its con- duct was not approved by the Police did not Mr N. D. WALKER: My question is convert it into one. The raiding of the premises directed to the Minister for Housing and on the eight occasions did not convert it into Minister for Co-operative Societies. Will the one. Nor would it be so converted if the Minister examine the frequent representa- Police had been minded to raid it every day and discover the same facts . . . Nor in my tions I have made on behalf of a number of view arresting the occupier and charging him my constituents who are experiencing severe with being the Keeper of a Common Gaming housing problems through no fault of their House or his plea of guilty and being fined own? Will he give an undertaking that he canvert those premises in law to Common Gaming House. His plea cannot constitute the will do all he possibly can in his new capa- law or define it. He might want to plead city as Minister for Housing to relieve the guilty for any number of reasons but in law unfortunate position in which these people he was not guilty, nor were any of the other persons guilty of any of the offences with find themselves at this time of the year? which they were charged. If the charges had been defended and convictions made on this Mr McGINTY: Nobody knows better evidence then I am confident that on prohibi- than I, having worked closely with him for tion or case stated or appeal to Quarter Ses- the past six years, that there could be no sions the convictions would have suffered the harder worker for his constituents than the same fate as in Eggin's case. honourable member for Miranda. This fact The honourable member for Georges River is evidenced by his magnificent victory at the said in this Chamber during the previous recent State elections. I will certainly in- Parliament that it was a simple matter of vestigate the matter he has raised and do going to the court and getting a declaration. everything in my power to assist. He knows that is deliberately false and as a lawyer it does not do him credit to make CHILD WELFARE ACT that allegation. Mr KEARNS: I ask the Minister for Mr F. J. WALKER: On a point of order. Youth and Community Services whether the I take exception to the words deliberately Child Welfare Act is currently under review. false. I submit that they are unparliamentary Have submissions been sought from indivi- and should be withdrawn. duals and organizations working in the child welfare field? What consideration will the Mr SPEAKER: Order! The honourable Minister and his departmental officers give member for Georges River indicates that to these submissions, and will the Minister establish an advisory committee of experts he takes objection to those two words and from outside the department to assist in a I require the Minister to withdraw them. review of the Act? Questions without Notice [4 DEC.,19731 Questions without Notice 31

Mr HEALEY: It is true that a review is Whether it was a success or failure from being made of the Child Welfare Act. In- the viewpoint of the Teachers Federation, vitations have been issued to the public I can say that the strike was certainly most seeking contributions or suggestions from disruptive of the education of children in interested persons for the drawing up of the this State and a poor example to set the new Act. All wisdom in relation to children children. In addition, it was a grave in- and their welfare does not necessarily fall convenience to say the least to the parents within the Department of Child Welfare, and of those children. I am quite sure that as I assure the honourable member that any a result thereof the teaching profession and matters placed before the department re- the Teachers Federation did not enhance lating to child welfare will be carefully con- their status, reputation or popularity with sidered and, if thought to be worth while, the community generally: they succeeded in possibly included in the legislation. As to lowering their reputation in the minds of the last part of the honourable member's the people of New South Wales. question, I am discussing with officers of my department the possibility of setting up a As regards the industrial aspect, I take committee of some kind to study this matter. the opportunity of saying that the strike was a dismal failure. All it succeeded in doing was to cause teachers who stayed away from STRIKE OF TEACHERS work the loss of a day's pay, which indi- Mr RUDDOCK: My question is rectly benefited the Government by saving it $700,000 in salaries. The teachers did not addressed to the Minister for Education. succeed in altering by one iota the situation Was there a proposed stoppage of teaching in regard to negotiations between the em- in New South Wales departmental schools ployer's agent, the Public Service Board, and last week? Was this projected strike a the Teachers Federation. When the strike success or failure according to the view of was over the parties to those negotiations the New South Wales Teachers Federation? were back precisely where they were on the What approximate percentage of teachers day before the strike, and they are now back attended for duty? at the negotiating table. In fact today they Mr WILLIS: Last week a stoppage of have been back to the Industrial Commis- school teachers, both secondary and prim- sion, having agreed on exactly the same ary, was called by the New South Wales things as they agreed upon the day before Teachers Federation. The number of the strike and having taken to the Industrial teachers who responded to their union's call Commission those things that they could varied somewhat from place to place, and between primary and secondary levels of not agree upon on the day before the strike schooling, but 43 per cent of the total num- but are now leaving to the Industrial Com- ber of teachers employed by the Department mission to settle. of Education in primary and secondary All that the Teachers Federation suc- schools, including infants departments, at- tended for duty on that day. I regret to ceeded in doing was to inconvenience the say, however, that a lower percentage of public, to cause the loss of a day's pay to children-about 30 per cent-attended. 57 per cent of teachers in this State, and This was no doubt due to the fact that to put back negotiations for salary increases parents were a little apprehensive about and the like by a few days. The strike did sending their children to school when they not serve any useful purpose whatever. were not sure that there would be sufficient From my point of view, trying to be objec- teachers to supervise and take care of them. tive about it, I would say that the strike It all depends upon one's viewpoint as to was a dismal failure. Apart from that, it whether one regards an attendance of vir- succeeded in disrupting schooling and in- tually half as a success or failure when a convenienced parents. I hope that in future stoppage of this nature is called. teachers will think more carefully before 32 Broken Hill Water Bill )[ASSEMBLY] and other Bills going on strike. I am more convinced than objection, it is this: that before Parliament ever that they will get much further in their was terminated for the just-past election negotiations by sitting around the table dis- most of these bills were debated in this cussing these matters than by direct action. House. I see that Government members are fully in accord with that observation. How- ever, what the Minister and the Government seem to forget in moving for urgency on this BROKEN HILL WATER AND SEWEILAGE matter, is that this is a new Parliament and (AMENDMENT) BILL AND OTHER BILLS is constituted differently from the last Parliament. Mr WILLIS (Earlwood), Minister for Education [5.44]: I ask leave of the House Mr MAUGER: We have a mandate. to move a motion to suspend standing orders to permit a number of bills to be brought in Mr WRAN: The honourabIe member for and passed through all their stages in one Monaro, who interjects, may have been here day. on the last occasion but the fact is that there are new members here today who were not Mr WRAN (Bass Hill), Leader of the here on the last occasion. Opposition 1[5.45]: We object. Mr MAUGER: That is bad luck. URGENCY Mr WRAN: The honourable member Mr WILLIS (Earlwood), Minister for again interjects and says that that is bad Education 115.451: In that case, I move: luck. Earlier today he listened with all That it is a matter of urgent necessity that solemnity when there was talk of fairness, the following bills be brought in and passed freedom of speech and a proper considera- through all their stages in one day, viz.: tion of matters brought before the Parlia- Broken Hill Water and Sewerage- (Amend. - mint) Bill ment. Later he went to Government House Gaming and Betting (Poker Machines) and solemnly stood by when there was talk Amendment Bill of the undoubted rights and privileges of Hunter District Water, Sewerage and Drain- age (Amendment) Bill members of Parliament and freedom of Land Development Contribution Manage speech. What about the freedom of speech ment (Amendment) Bill of the fourteen new members who are ~etio~olitanwater, Sewerage, and Drainage present in this Chamber today but have had (Amendment) Bill Motor Vehicles (Taxation) and Motor no opportunity whatever to address their Vehicles Taxation Management (Amendment) attention to the seven bills which the Gov- Bill ernment now seeks to pile-drive through this Stamp Duties (Amendment) Bill Chamber? Of course, by tomorrow there Mr WRAN (Bass Hill), Leader of the will be fifteen new members in this House Opposition [5.46]: I wish to speak against because today the Australian Labor Party the motion. I direct attention to the very candidate for the seat of Coogee doubled basis upon which the Minister has moved the his majority from one to two and tomorrow motion-that there is a situation of some he will be added to the contingent on this urgency. What is the need for urgency in side of the House. respect of the seven bills which the Minister Mr RUDDOCK: That might put you out. seeks to pile-drive through this Parliament virtually today? Mr WRAN: The honourable member for Coogee will be another member for my Mr MAUGER: YOU will learn. party which, I am pleased to say, does not employ the same pile-driving tactics as this Mr WRAN: Perhaps I shall learn and Government. perhaps we might all learn something in the [Interruption] next twenty minutes, because urgency is the key note. If I might foreshadow the answer Mr SPEAKER: Order! The Leader of the which the Minister will seek to give to my Opposition is entitled to be heard in silence. Broken Hill Water Bill [4 DEC., 19731 and other Bills 33 Mr WRAN: I remind some members on Amendments will be moved and matters the Government side that they have had have to be discussed. The ordinary parlia- their day and their little joke. Let us now mentary procedures should be adopted. On come back to the substance of freedom of this, the first day of Parliament, in the midst speech and privilege of members. This of all the euphoria about freedom and par- motion for the suspension of standing orders liamentary democracy, almost within the will completely deprive fourteen members first half hour of the parliamentary sitting, of this Chamber of the right to study and the gag was moved to prevent the honour- argue the rights and wrongs of the measures able member for Illawarra putting forward contained in those seven bills. If one looks his point of view as to the rights and wrongs seriously at the matter of urgency one sees of the election of a Speaker in this Chamber. that in the period from 1st January, 1973, to this date, the legislature has sat on only iMr RUDDOCK: We know him of old. forty-eight days. Now, because Government members want to get home for Christmas, the Government, by moving urgency, is Mr SPEAKER: Order! I call the honour- endeavouring to deny the new members of able member for Monaro to order. this Chamber the right to study and argue Mr WRAN: The honourable member for these measures. That is hypocrisy, it is The Hills who was so loquacious in his inter- cynical and it is definitely a degradation of jection might have known the honourable the parliamentary institution. member for Illawarra of old but I should I have only recently discussed with the have thought that someone who has been Leader of the House the situation of being so long associated with Parliament would told a few minutes before one comes into have more respect for the rights of any the Chamber what bills are to be debated. member, whatever might be his views and How can anybody, no matter who he is, however anyone might disagree with them, debate a measure sensibly when he is told to put those views forward in an atmosphere only a quarter of an hour beforehand what of calm and in a position in which he would is on the notice paper? Sir, what is being have ample time to present them. What is practised in this Parliament today, and I being attempted in this Chamber today is a hope it will not be practised in the future, grave reflection on the stability of parlia- is an analogy to the game of Russian mentary democracy in New South Wales. roulette. The Opposition proposes to deal Now that we are embarking upon a new with this problem here and now, and unless Parliament, I hope that the Leader of the there is an assurance that this sort of pile- Government in this House will turn, over a driving of measures through the Parliament new leaf and that we shall see co-operation will not occur we propose to take the matter between the Opposition and the Govern- to the people and on to the forums wherever ment SO far as its procedures are concerned; we can and let the people know what hap- that we shall behave more like civilized pens in New South Wales in the area of human beings, rather than like animals set- parliamentary democracy. The Opposition ting upon each other in a situation where if one party has the numbers it tramples the will certainly not tolerate members who other to death. represent hundreds of thousands of people Question of urgency put. -and the fourteen new members of this The House divided. Chamber do represent hundreds of thou- sands of people-being treated as though AYES, 50 they were non-existent and the recent elec- Mr Arblaster Mr Cowan Sir Robert Askin Mr Crawford tion being treated as though it were a non- Mr Barraclough Sir Charles Cutler event by the Minister, saying the matters Mr Boyd Mr Darby Mr Brewer Mr Duncan are urgent and were talked about in the Mr Brooks Mr Fife last Parliament, so they shall be pile-driven Mr Brown Mr Fischer Mr Bruxner Mr Fisher through the House. Mr Coleman Mr Freudenstein 3 34 Broken Hill Water Bill [ASSEMBLY] and other Bills Mr Griffith Mr Osborne For the information of honourable members, Mr Harrold Mr Park and particularly the novice Leader of the Mr Healey Mr Pickard Opposition, I should like to advise that all Mr D. B. Hunter Mr Punch Mr Jackett Mr Rofe -not most, as was stated earlier by one Mr Leitch Mr Rozzoli honourable member-of the bills that I have Mr Lewis Mr Ruddock enumerated were passed by this House to- Mr McCaw Mr Singleton wards the end of the last Parliament. All Mr McGinty Mr Taylor Mr Mackie Mr Waddy the bills are either consequential upon the Mr Maddison Mr N. D. Walker Budget or were incorporated in the policy Mr Mason Mr Willis speech of the Premier and Treasurer, who Mr Mauger Mr Wotton was given a mandate by the people of this Mr Mead Mrs Meillon Tellers, State only a couple of weeks ago. Further, Mr Morris Mr Doyle they are all of such a nature that it is essen- Mr Mutton Mr Viney tial they should be passed before the Christ- mas recess so that the people of New South Mr Bannon Mr Jones Wales will gain the benefit of them. As the Mr Barnier Mr Keane bills have been approved already by this Mr Bedford Mr Kearns House-indeed, most of them without any Mr Booth Mr L. B. Kelly dissent whatever-I can assure the Leader Mr Brereton Mr Maher Mr Cahill Mr Mahoney of the Opposition that, to use his delightful Mr Crabtree Mr Mallam phrase, the euphoria of parliamentary de- Mr Day Mr Mulock mocracy is not being diminished in any way Mr Degen Mr Neilly by restoring the situation to where it was Mr Durick Mr O'Connell Mr Einfeld Mr Paciullo when Parliament was dissolved prior to the Mr Face Mr Petersen election. Mr Ferguson Mr Quinn Mr Flaherty Mr Ramsay [Interruption] Mr Gordon Mr Renshaw Mr Haigh Mr Rogan Mr SPEAKER: Order! The Minister for Mr Hatton Mr Sheahan Mr Hills Mr Wade Education is entitled to 'be heard in silence. Mr M. L. Hunter Mr F. J. Walker Mr Jackson Mr Wran Mr WIUIS: I assure you, Mr Speaker, Mr Jensen Tellers, that these bills are not in the nature of pile- Mr Johnson Mr Cox Mr Johnstone Mr Stewart driving or Russian roulette, which was alleged earlier; they are bills that the Question so resolved in the affirmative. people of this State have supported and are Motion of urgency agreed to. awaiting passage through Parliament. It would be of the greatestconvenience to not SUSPENSION OF STANDING ORDERS only members of the Legislative Assembly Mr WILLIS (Earlwood), Minister for but also members of the Legislative Council Education 15.591: I move: if we got the House back to the state of That so much of the Standing Orders be affairs that existed prior to the dissolution of suspended as would preclude the following bills the last Parliament. Threats to take these being brought in and passed through all their matters out to the people fall on particularly stages in one day, viz.: deaf ears at the present time, and I advise Broken Hill Water and Sewerage (Amend- ment) Bill the Leader of the Opposition that one of the Gaming and Betting (Poker Machines) reasons for the last elections was that his Amendment Bill illustrious predecessor in this House gave Hunter District Water, Sewerage and Drain- notice here of a motion of no confidence in age (Amendment) Bill Land Development Contribution Manage- the Government. In effect, the Premier and ment (Amendment) Bill Treasurer of the State said, "Let us take this Metropolltan Water, Sewerage, and Drainage question to the people". He took it to the (Amendment) Bill Motor Vehicles (Taxation) and Motor people and, as a result, we gained a bigger Vehicles Taxation Management (Amendment) percentage of the votes than we had at the Bill Stamp Duties (Amendment) Bill previous general elections. Broken Hill Water Bill [4 DEC., 19731 and other Bilk 3 5 I assure the honourable gentleman that I before this Parliament for the first time. We shall give him all the co-operation he gives adhere to the view we have expressed pre- to me. Also, I assure him that this legisla- viously, and we oppose the motion. tion is most desirable, and that all he is Question-That the motion be ap.eed to achieving by making one maiden speech -put. after another here today is, if he is not care- ful, becoming not a maiden M.L.A. but a The House divided. worn-out old maid M.L.A. before the House ~ES,50 rises. I assure him that the House is staying Mr Arblaster Mr McGinty here tonight until these bills are sent on to Sir Robert Mr Mackie the Legislative Council. Mr Barraclough Mr Maddison Mr Boyd Mr Mason Mr WRAN (Bass Hill), Leader of the Mr Brewer Mr Mauger Opposition [6.2]: In regard to the comment Mr Mead Mr Brown Mrs Meillon that I might become a worn-out maiden, I M, Bruxner Mr Morris should prefer to be worn out for the right M, Coleman Mr Mutton reasons rather than for the wrong reasons. Mr Cowan Mr Osborne In reply to the Minister's assertion that the Crawford Mr Park Sir Charles Cutler Mr Pickard Government has an overwhelming mandate, Mr Darby Mr Punch he seems to have forgotten a number of M, Duncan Mr Rofe things: first, that the combined Government Mr Fife Mr Rozzoli parties polled far fewer votes than the Op- Mr Fischer Mr Ruddock Mr Singleton position; second, that the Government lost E: g2iensteinMr Taylor two seats; third, that the fourteen new mem- M, Griffith Mr Waddy bers of this House are entitled to under- Mr Harrold Mr N. D. Walker stand the proposed legislation and to express M' Mr Willis their views on it; and fourth, that if for the gya$ey Mr Wotton purposes of argument 1 can accept the asser- M, Leitch Tellers, tion by the Minister that the Government Mr Lewis Mr Doyle has a mandate in respect of these measures, Mr McCaw Mr Viney the Government has no mandate to claim NOES, 45 that the measures cannot be improved. For Mr Bannon Mr Jones these reasons, the Opposition and each new M, ~~~~i~~ Mr Keane members are entitled to examine the meas- Mr Bedford Mr Kearns ures. Mr Booth Mr L. B. Kelly Mr Brereton Mr Maher Mr Cahill M, Mahoney Mr LEWIS:What a disappointment. Mr Crabtree Mr Mallarn Mr Day Mr Mulock Mr WRAN: The Minister for Lands, in Degen Mr Neilly his usual charitable and gentlemanly Mr Durick Mr O'Connell fashion, says, "What a disappointment". He Mr Einfeld Mr Paciullo proved the biggest disappointment today Face Mr Petersen Mr Ferguson Mr Quinn when a question was put in relation to the ~l~h~~~~Mr Rarnsay scandal of Crown land being auctioned. Mr Gordon Mr Renshaw Mr Haigh Mr Rogan Mr BARRACLOUGH:YOU asked the wrong Mr Hatton Mr Sheahan question. Mr Hills Mr Wade Mr M. L. Hunter Mr F. J. Walker SPEAKER: Mr Order! I call the honour- ~~~~~~~~ Mr WranTellers, able member for Bligh to order. Mr Johnson Mr Cox Mr Johnstone Mr Stewart Mr WRAN: Let us have the shouting Question so resolved in the affirmative. and all this talk about novitiates, and then let us get down to tin tacks. What we are Motion agreed to. debating now is our being deprived of the [Mr Speaker left the clzair at 6.6 p.m. The right fully to debate measures that will come House resumed at 7.30 p.rn.1 36 Standing Orders [ASSEMBLY] Stamp Duties Bill SUSPENSION OF STANDING ORDERS death duty for close dependants of a de- Mr WILLIS (Earlwood), Minister for ceased person. Second, the range of estates Education [7.31]: I seek the leave of the within which a concessional rate of duty House to move a motion to suspend standing applies to be lifted to cover estates be- orders to permit a number of bills to be tween $50,000 and $68,000 in value and brought in and read a first time at this the concessional rates are also to be ex- sitting. tended. Third, the exemption and each of the levels within the concessional range are Leave granted. to be increased by a special dependants allowance of $4,000 for each dependant Mr WILLIS ( Earlwood), Minister for beyond the first. Education [7.32]: I move: Finally, the bill contains further conces- That so much of the Standing Orders .be suspended as would preclude the following sions for primary producers' estates. The bills being brought in and read a first time at maximum rebate for estates up to $150,000 this sitting, viz.: is to be raised to 50 per cent, with an Coal and Oil Shale Mine Workers (Super- appropriate adjustment to the sliding scale annuation) Amendment Bill Industrial Arbitration (Further Amend- now applying to larger estates up to ment) Bill $200,000. I am sure all honourable mem- Local Government (Amendment) Bill bers will support these measures and I am Local Government (Rewlation. - of Flats) pleased to commend the motion to the Amendment Bill Registration of Births, Deaths and Mar- House. riages Bill Mr MULOCK (Penrith) [7.35]: As the The purpose of the motion is to permit some Minister indicated, this bill passed through business to get on to the business paper all stages in this House during the last Par- today so that it will be possible to have a liament. At that time the Opposition took no proper debate tomorrow, otherwise the exception to the bill and there will be no House will have no business before it to- objection to it on this occasion. However, I morrow. should like to place on record at the be- ginning of this sitting that the concessions Motion agreed to. foreshadowed in the bill by the Minister in fact arise from the speci£ic promises that STAMP DUTIES (AMENDMENT) BILL were made by the Opposition during the by- election campaigns last February. At that INTRODUCTION time the former Leader of the Opposition Mr MADDISON (Ku-ring-gai), Minister indicated what our attitude was to the ques- of Justice, on behalf of Sir Robert Askin tion of death duties, and it was only after 17.331: I move: this had been announced that the Premier made a similar statement. That leave be given to bring in a bill to make further provisions with respect to exemp- tions from, and concessional rates applicable to, Mr FISCHER: What a lot of humbug. death duties; to make provisions with respect to the reduction of death duty upon estates of Mr MULOCK: You would be an expert certain persons; for these purposes to amend in humbug. the Stamp Duties Act, 1920; and for purposes connected therewith. Mr SPEAKER: Order! I call the honourable This bill is exactly the same as the bill that member for Sturt to order. was introduced during the last Parliament Mr MULOCK: It is, of course, necessary but, because of insufficient time, did not at times of inflation to look at variation of pass through both Houses of Parliament the principles set down and the scales that prior to the recent State general elections. have been applied, and this is exactly what has taken place in this bill. The Opposition The bill contains very important conces- supports the measure and looks forward to sions. First, it provides for an: increase to the second-reading debate and the passage $50,000 in the general exemption from of the bill. Stamp Duties Bill [4 DEC., 19731 Motor Vehicles Bill 37

Mr MADDISON (Ku-ring-gai) , Minister Mr COX (Auburn) 17.401: A measure in of Justice [7.36], in reply: I cannot let the the same terms as this bill was dealt with remarks of the honourable member for Pen- by the House during the last Parliament. rith go unchallenged. The fact is that the It provides relief for the rural motorist, and concessions in this bill are far more exten- on that occasion I said that the Opposition sive and in a different form from those supported the measure on the basis that that the former Leader of the Opposition it provided concessions to motorists engaged promised during the by-election campaigns in primary production. I said also that there to which the honourable member has re- were other people to whom the Minister ferred. The provisions in this bill are far should consider granting some sort of con- more generous and are in accordance with cession. I raised a matter that had been the policy speech made by the Premier and brought to my notice by the honourable Treasurer-and not by the former Leader member for Murrumbidgee relating to of the Opposition. people who own trucks and work solely in Motion agreed to. conjunction with local government authori- ties. In this category are gravel carriers who Bill presented and read a first time. are solely engaged on contract work for shires and municipal councils. I suggested that the Minister give consideration to pro- MOTOR VEHICLES (TAXATION) AND viding them with some sort of concession. MOTOR VEHICLES TAXATION MANAGEMENT (AMENDMENT) BILL Pensioners in rural areas do not enjoy the public transport provided in metro- INTRODUCTION politan areas and they must rely on their Mr MORRIS (Maitland) , Minister for motor vehicles to a far greater extent than Transport [7.37]: I move: do pensioners in the metropolitan area. I That leave be given to bring in a bill to suggested on the former occasion that the provide for the reduction of, or exemption from, Minister should give consideration to pro- taxes in respect of certain motor vehicles; for this purpose to amend the Motor Vehicles viding some form of concession to pen- (Taxation) Act, 1971, and the Motor Vehicles sioners in rural areas who are faced with Taxation Management Act, 1949; to validate heavy registration charges. The Minister certain matters; and for purposes connected said that he would look into these matters, therewith. and I should have thought that the Minister The bill is a formal measure to validate the may have had sufficient time to deal with action that has been taken to eliminate cer- them. Motorists are the most heavily taxed tain anomalies that came to light subsequent people in our community. They are faced to the amendment of the Motor Vehicles with heavy burdens, and I refer to not only Taxation Management Act in December, motor vehicle taxation but also petrol 1971, and to extend certain concessions prices, which have been increased regularly under that Act. The bill is also designed to no matter what government is in power. amend the Motor Vehicles (Taxation) Act The Minister should have taken the to validate the action that has been taken opportunity to consider the points I raised to implement the undertaking given by the Government earlier this year to reduce the in the debate on the bill previously. As I weight-tax portion of the registration charge have said, this measure provides relief for payable in respect of certain vehicles owned a number of people, and the Opposition is by primary producers and certain organiza- not against providing relief for rural people tions. who use motor vehicles solely or largely in The various provisions of the bill will be the course of rural occupations. We support explained in detail during the second-reading that principle without any hesitation, for it speech. At this point, I feel that all it is necessary to say is that the proposals are is a step in the right direction. The measure straightforward, and I am sure they will will be supported by the Opposition but we have the support of all honourable mem- should like the Minister to consider in the bers. I commend the motion to the House. near future the points I have raised. He 38 Motor Vehicles Taxation [ASSEMBLY] Management Bill should give further consideration to pen- electorate for the things, such as motor sioners in rural areas and to those persons vehicle registration and insurance charges, who own motor lorries and use them solely that are dearer in the city. The Minister for work by contract with shire and muni- should give consideration to extending the cipal councils. Many owners of vehicles are benefits of this measure to the people of engaged solely on the cartage of gravel for Campbelltown. People in Campbelltown pay shire and municipal councils and they country prices for petrol: they should have regard themselves as doing a service for the advantage of country charges for motor the rural community. The argument ad- vehicle registration purposes. They are vanced by them is that they are virtually classed as being in a country electorate for no different from the man on the land. They, the purpose of telephone and other charges too, are playing a part in the rural develop- that are dearer in country areas. ment of the State and they feel that some concession should be extended to them. I ask the Minister to give consideration to the plight of my constituents. They should From a study of the departmental esti- not be in a situation in which they pay the mates it is apparent that motorists of this city rate when it is the dearer rate, and the State may be in for another onslaught by country rate when it is the dearer rate, as is way of increases in motor vehicle taxation. the case with the price of petrol. Will the Let us not have another episode involving Minister look at those matters in an en- many taxation measures during the fist year deavour to make things uniform? If an area back in office of the Government. In the is classed as country it should be classed as past as soon as this Government has come country for all purposes. The cheaper motor back into power after a general election the vehicle registration fees should apply to motorist has been hit with increased costs. Campbelltown. The Minister promised the Those who use public transport are also people in the area a silver train during two hit. Decisions will soon have to be made in general election campaigns-the election relation to the motor car. There is a fuel just held and the previous election. They shortage and the Government's intentions still have no silver train. From an answer should be quickly announced as a matter of I received to a question I notice that one policy. There must be some rationalization new carriage was built last year. On my with regard to the motorists of this State. Let us not have a situation where, at the calculation there might be a full train in ten first available opportunity after the Govern- years' time. I hope the Minister will soften ment is returned to office, a marked upsurge and provide these people with the same in motor vehicle taxation occurs. That has benefits as for other country people. Camp- happened on every occasion that the Gov- belltown motorists live in a country area ernment has been returned to office, and it and should receive an automatic concession. has taxed the motorist almost out of exist- ence. The Opposition supports the measure Mr MORRIS (Maitland) , Minister for but asks the Minister to give consideration Transport E7.501, in reply: I do not want to the problems of people in the categories to stir up this debate, which has been going I have mentioned. along quietly, but I should say one or two Mr MALLAM (Campbelltown) r7.451: I things to put the record straight. First, I support the measure. I live in the Camp- will say to the honourable member for belltown area where my constituents pay the Auburn that at the moment the Government higher country prices for almost everything, is looking at a number of proposals in res- including beer, but they also pay city motor pect of motor vehicle registration that would vehicle registration fees. An electorate be classed as further minor concessions. I should be declared either a metropolitan must emphasize that they are minor con- or country electorate. It should not be cessions, for I do not want to give a false said to be a country electorate for commodi- impression. The matters raised this evening ties that are dearer in the country, but a city by the honourable member for Auburn are Motor Vehicles Bill [4 DEC., 19731 Gaming and Betting Bill 39

being looked at. They are not easy of im- wreckers, and a new car provided for the plementation, especially in relation to pen- sioner concessions. That is a difficult matter, owner. I am not happy about these imposts but it and a few other possibilities of a on motorists. fairly minor nature are being examined. In my own defence I should say again The Government will have a look at the that although in the nine years that I have matter raised by the honourable member been Minister I have been required by the for Campbelltown. I do not know a great Government only once to increase charges deal about zoning so far as registration is concerned. I know that country rates are to obtain revenue for our road building pro- charged in various areas but I was unaware grammes, and this brought in about $40 of the situation at Campbelltown. Never- million, in the past two federal budgets- theless, I should say that I am entering my one introduced by the present Government fourth term as Minister for Transport, and and one by the former Government-$300 even though the honourable member for million has been taken out of the pockets of Auburn said that the Government might be looking at the possibility of increasing motor motorists in petrol tax-$150 million in each vehicle taxation as it has done each year, budget-and not one brass farthing has as he puts it- gone into road building or been expended on any other purpose connected with Mr Cox: Increasing it in each first year of new office. motoring. I mention that fact in passing and, having done so, I conclude by saying Mr MORRIS: Well, as to his suggestion that I shall look carefully at the specific that the Government is looking at the pos- matters raised by honourable members who sibility of increasing motor vehicle taxation in the first year, the matter is not under have taken part in the debate on the motion consideration at all. During the period of for leave to introduce the bill. almost nine years that I have been Minister Motion agreed to. for Transport it has been my unhappy duty to ask this House but once to pass legisla- Bill presented and read a first time. tion increasing motor vehicle taxation-just once. That increase brought into the Treas- ury, and through me to the Department of GAMING AND BETTING (POKER Main Roads, some $40 million for expen- MACHINES) AMENDMENT BILL diture on roadworks only. I should not likz INTRODUCTION to give the impression that I am always shooting measures into the House to catch Mr GRIFFITH (Cronulla), Chief Sec- the motorist. I have a great understanding retary and Minister for Sport [7.55]: I move: of and sympathy for the motorist who, I That leave be given to bring in a bill to make further provision with respect to the think, is regarded by many persons, not only keeping, use and operation of, and the sup- in government but also in private business, plementary license tax payable in respect of, as a good milch cow. At the present time I poker machines; for this and other purposes to amend the Gaming and Betting Act, 1912, am looking at the question of motor vehicle and the Gaming and Betting (Poker Machines) insurance, the rates for which were in- Taxation Act, 1956; and for purposes connect- creased willy-nilly by 10 per cent last week- ed therewith. end. These increases are sometimes made, I This bill is similar to the one that was think, without regard to the cost of repairs before the House prior to the general elec- or to whether the charges are justified. We tions and is designed to give effect to the are looking also at the practice of writing budget proposals to grant tax concessions off, willy-nilly, cars that are involved in and remove the restrictions on the number collisions, and at the auestion whether they of 20c poker machines that may be licensed. ought to be written off, handed over to the I commend the motion. 40 Gaming and Betting Bill [ASSEMBLY] Land Development Bill Mr FERGUSON (Merrylands), Deputy LAND DEVELOPMENT CONTRIBUTION Leader of the Opposition [7.56]: The MANAGEMENT (AMENDMENT) BILL Opposition does not propose to delay the INTRODUCTION introduction of this measure. A bill deal- Sir CHARLES CUTLER (Orange), ing with poker machines has been inlro- Deputy Premier, Minister for Local Govern- duced virtually every year since the GOV- ment and Minister for Highways [7.58]: I ernment has been in office. The bill for move: which leave to introduce is sought on this occasion will give the clubs an additional That leave be given to bring in a bill relat- ing to liability for contribution under the Land concession in regard to the amount of de- Development Contribution Management Act, preciation that they can claim on each poker 1970; for this and other purposes to amend machine. This year the Government pro- that Act and the Local Government Act, 1919; to validate certain matters; and for purposes poses to allow the clubs to claim a depre- connected therewith. ciation allowance of an additional $25 for With the dissolution of the last Parliament, each machine. Considering the amount of a bill on this matter, which had reached revenue that the Government obtains from the second-reading stage, lapsed and has the club movement in New South Wales, to be reintroduced. It will be recalled that one can only conclude that the proposed the Government announced in February, 1973, that the charge established by the concession is not great. In 1966 the Gov- land development contribution legislation ernment piously introduced legislation to would be abolished. The bill for which limit the number of 20c machines that any leave to introduce is sought is substantially club may have. The Government claimed the same as the measure previously intro- that this was necessary to minimize the evils duced. As on the previous occasion when the bill was introduced, reference will be of gambling. In the bill for which leave made to details of the measures at the to introduce is now sought, that restric- second-reading stage. I commend the tion will be lifted. When the Minister intro- motion. duced a similar bill during the last Parlia- Mr JENSEN (Munmorah) [7.59]: I am ment, he did not give the reason for this, pleased indeed that the Government has and he has not yet given any explanation. made a death-bed repentance after having At a later stage-probably some time done something which, more than any other single factor, contributed to the next year-there should be a thorough grievous inflation of land prices that has examination of the club movement in occurred in our community. No other this State. Although my parliamentary single factor contributing to higher prices colleagues and I are proud of the clubs in for land has been of anything like the our electorates, we must all be concerned dimensions of the Government's action in introducing the legislation proposed to be at the fights, the squabbles, the seeking of repealed by the bill for which leave to intro- injunctions and so forth that are taking duce is now sought. I't was obvious to place. There is a struggle for the manage- everybody except an irresponsible govern- ment of clubs in this State and I believe ment, hungry for funds and willing to put that the Parliament ought to look closely aside all considerations of decency and reason, that the Askin-Cutler Government, at the position. However, the order of in introducing the bill now proposed to be leave granted by acceptance of the motion repealed, did more to push up land prices now before the House will not be wide than did any other single element in our enough to enable such a debate to take present serious inflationary trend. place on this occasion. The fact that the Government has now Motion agreed to. decided to repeal the legislation only con- firms all the things we on the Opposition Bill presented and read a first time. side said when the measure was introduced. Land Development [4 DEC., 19731 Contribution Bill 4 I

The Opposition predicted then that this tax Mr FERGUSON (Merrylands), Deputy would have the effect of pushing up the Leader of the Opposition [8.3]: I congratu- price of the land and the consequence would late the honourable member for Munmorah be that the person liable for the tax on the on reminding the Government of the land would not pay it out of his own pocket iniquity of this tax. As one who represents but would add the tax to the price of his an electorate which felt the savage impact land. This was obvious. Though this was of this tax he reminded the Government pointed out to the Government it persisted of what the Opposition said when the in imposing the most iniquitous tax of the legislation to impose the tax was before this most iniquitous government in the history Chamber. This afternoon the Leader of the of New South Wales. The Government Opposition was protesting about stearnroll- imposed the tax and pushed up the price of ing tactics by the Government. He pleaded land so that people now live in anguish and on behalf of new members that they should fear. The Valuer-General has been advising be given time to consider legislation. Evi- people that the valuation of their land has dently his words have fallen on deaf ears. gone up 600, 700, 800 or even 1,000 per The Government has only two of its eight cent and citizens are wondering what huge new members sitting in this Chamber but sums they will have to pay in local govern- the Opposition has five of its six new mem- ment rates next year. bers taking an interest in legislation to come The Government took no action to over- before us. They are showing the interest come this problem but now, at last-years that all new parliamentarians-indeed, all too late-it has decided to remove this parliamentarians-should display. The fact iniquitous tax that should never have been that only two new members from the GOV- imposed, the only effect of which has been ernment side are in the Chamber shows that to give an impetus to the inflation in land Government supporters are merely rubber prices. The Government has robbed tens of stamps, not interested in the people they thousands of people of their chance to get a represent and unwilling to listen to the in- home of their own. The Government has troductory debate, to examine the legislation profited from increasing land prices because and to make a contribution on behalf of at every sale of Crown land prices haye their constituents. been stimulated by this dreadful tax that the Mr MALLAM (Campbelltown) 18.41: I Government imposed. Now, when it is far have one case now before the Minister of a too late, the Government proposes to repeal man whose land was forced up in price by the legislation. We on the Opposition side this tax. Because he could not pay the tax will do nothing to obstruct the repeal of the Minister kindly deferred it but has been this measure; we did everything we could to charging the owner interest. The Govern- stop its implementation. The people of this ment was not only getting its tax but was State will never recover from the conse- also going into the money lending business. quences of the imposition of this tax. Every This man will be forced to sell his land as block of land in New South Wales is thous- he cannot meet the interest on the tax that ands of dollars dearer because of the the Government imposed. I want to draw iniquitous tax that this coalition Government the attention of the Minister and the House introduced. The Government admits its mis- to the fact that many people are paying take and is now asking the Parliament to interest to the Government. This man would agree to the introduction of a bill to repeal not be an isolated case. He changed the use legislation that should never have been en- of land; it was a truck depot. It was his acted. There will be no impedence to the own land and he did not want to sell it. repeal of this legislation and the erasure The Minister should look through the cor- from the statute book of a piece of legisla- respondence about this case. I think at the tion that should never have been introduced. moment the debt is $12,000 and the man is That this tax should ever have been im- paying interest. If the Minister proposes the posed must stand to the eternal shame of repeal of the legislation, at least he should the Government. not go into the money lending business and 42 Land Development Bill [ASSE !MBLY] Metropolitan Water Bill charge a landowner interest. If the Minister The bill increases by 50 per cent the !maxi- seeks to repeal the Act he could repeal the mum benefit, operative from 1st July, 1973. interest and give the landowner a chance to This means that the new maximum rebate pay the tax. The interest is mounting up all will increase from $80 to $120 where the time and I have been trying to get this sewerage rates are charged, and from $40 man time to pay. I appeal to the Minister to $60 where sewerage rates are not charged. not to charge interest on money owing under It is possible that, in the light of further this tax. People are being forced into bank- changes in the future, the Government will ruptcy because they cannot pay this want to make further adjustments of maxi- iniquitous tax. mum pensioner rebates. To simplify this procedure, it is further provided in the bill Motion agreed to. that the future maximum may be varied Bill presented and read a first time. from time to time by by-law of the board. Such by-laws are required to be laid on the table of both Houses of Parliament. METROPOLITAN WATER, SEWERAGE, AND DRAINAGE (AMENDMENT) BILL The second group of ratepayers affected by the bill are certain residential property- INTRODUCTION owners who were subject to steep increases Mr PUNCH (Gloucester), Minister for in water and sewerage rates this year, Public Works [8.7] : I move: brought about by major revaluations. From That leave be given to bring in a bill to l st July, 1973, following general valuations increase the allowable rebate of rates to certmn by the Valuer-General made in 1972, new classes of pensioners and to enable the Metro- politan Water Sewerage and Drainage Board values operated for the Metropolitan Water to vary those rebates by a by-law; to reduce the Sewerage and Drainage Board's rating in rates payable by ratepayers in respect of resi- nine of its forty-five districts, namely, Ash- dential land in certain areas where the Valuer- field, Campbelltown, Colo, Drummoyne, General has revalued land; to postpone the Fairfield, Hunters Hill, Hurstville, Rand- operation of a general valuation by the Valuer- General in respect of certain areas; for these wick and Ryde. Because the previous valua- and other purposes to amend the Metropolitan tions for these districts had been made five Water, Sewerage, and Drainage Act, 1924; and or six years earlier, the valuations of the for purposes connected therewith. properties concerned rose quite steeply. In recent months, the Government has been In budgeting for the year commencing confronted with two particular problems 1st July, 1973, the board was faced with in relation to rating by the Metropolitan increased expenditure in its area of opera- Water Sewerage and Drainage Board. The tions, and, notwithstanding the increased purpose of this bill is to provide relief to values in the nine districts to which I have two classes of ratepayers who have been referred, the board found that its rates adversely affected by changing circum- in the dollar would have to be maintained at the same rate as for the previous year. This stances. The first group of ratepayers to be meant that many ratepayers in the nine given relief is the pensioners. Honourable districts were faced with greatly increased members will recall that in December, 1971, rate bills when they received their assess- the Government introduced legislation which ments this year. The Government has de- allowed the metropolitan board to reduce cided that relief should be given in these pensioners' water rates by 50 per cent, sub- districts. ject to a maximum rebate of $80 where It is now intended that, for the years sewerage rates are charged, and $40 where commencing 1st July, 1973, and 1st July, sewerage rates are not charged. In the light 1974, where the increase in annual rata of increased assessments brought about by is solely due to the general valuations made revaluations, the maximum rebates are no by the Valuer-General in 1972, the board longer giving the degree of relief that the will rebate the owners of residential proper, Government intended. ties in these nine districts 50 per cent of the Metropolitan Water [4 DEC.,19731 and Drainage Bill 43 increase. This is subject to not reducing the meant that he paid $50. Under this pro- rates of any property below the minimum posal, with $200 water rates, that pensioner charges set by the board, namely $25 for will get a maximum rebate of $120 and water and $35 for sewerage. pay $80, which represents a 60 per cent increase in his rates. Thus, pensioners are The bill contains also a provision that the at a greater disadvantage than ordinary rate- board will not take into account any general valuation furnished to it during 1973 for payers. the rating year commencing 1st July, 1974, Another section of ratepayers who will to avoid a similar situation occurring else- not benefit in any way are people who where to that which has arisen this year in have extended their cottage or built a new the nine districts. This provision also serves cottage which, if completed a5ter 1st as a necessary preliminary step for the January, 1973, will not have a valuation Government's proposed system to rate on set by the Valuer-General's Department. values made at a common base date, which Such persons will not be entitled to a 50 system is to be introduced early next year. per cent rebate on any increase over what At the second-reading stage I shall give the valuation may have been in 1972; the further and fuller details of the bill. water board will put its own valuation on the property. The Minister said that the Mr HAIGH (Maroubra) E8.121: The Government will stabilize the situation by Minister said that the purpose of the bill is setting the base date for rating purposes to provide relief for two classes of rate- early next year at 1st July, 1974. That is payers. In fact, the Government is acting what the president of the water board said. as a highway robber in legislating to fleece In December, 1972, the Minister said that the public by way of increased charges. Be- there would be no relief for this class of cause of increased valuations, ratepayers in ratepayer. The Government changed its nine local government areas have had their attitude because it was afraid that it would water rates increased by more than 100 lose seats at the elections. It was right in per cent. Thirty-five local government areas that belief. To improve the situation, a are unaffected by increased valuations. Rate- week prior to the elections the Government payers in the nine affected areas where reduced the increase by 50 per cent. water rates have been increased by over 100 per cent are now being told by a beneficent Mr MALLAM:Illegally, too. Minister that the Government will reduce that increase by 50 per cent. This is a sham Mr HAIGH: That is true. Now the Gov- and a hoax. All the bill does is to legalize the ernment is legalizing this raid on the poc- Government's action in wrongly imposing kets of ratepayers in these nine areas. this burden on ratepayers. It has singled out All the other areas will not be affeoted by nine of the forty-four local government any increase; they will go on their merry areas and thrust unjust taxation upon the way until 1st July, 1975, without any in- ratepayers in those areas. crease at all. This Government is using the water board in its tactic of dipping into The Government originally intended to people's pockets to get another $4.2 mil- get $8 million out of the people's pockets lion for the water board. It has not for its depleted coffers because it was not stopped there. The Minister has increased able to make moneys available to the water excess water charges. Because of this, rate- board. By this exercise the Government will payers will not get a 50 per cent reduction get $4.2 million. The Government has in their water bill; they will get a further said that it will give relief to two classes increase in excess water charges. This Gov- of ratepayers--ordinary ratepayers and pen- ernment has used the water board in its sioners. Let us consider the situation of method of exploiting the people and extract- pensioners in my electorate where water ing money from them. The Government rates for an ordinary residential property will not tax the people directly. Instead, went from, say, $100 to $200. A pensioner it is using the water board as a facade billed with $100 for water prior to this and a front to dip its hands into the poc- action got a 50 per cent rebate, which kets of the ordinary family unit. 44 Metropolitan Water [ASSE :MBLY] and Drainage Bill The Minister has spoken of a base date. I appeal to the Government to give the How will this operate? The Minister said in people in these local government areas the December, 1972, that he could not help same benefit as people in the other thirty- ratepayers. The president of the water five local government areas are getting. board said that ratepayers in areas zoned for home units, or for commercial and in- It is not right that the Government should dustrial purposes, would not get any relief use some other body as its taxing authority such as that provided under section 160c for the purpose of bringing in funds to of the Local Government Act. What did assist it with its budetary problems. The the Government do? People who are grow- Government is starving the water board of ing old and enjoying the environment in funds, and at the same time forcing it to which they have lived for many years sud- impose these excessive charges on rate- denly got rate notices that will force them payers. We reject this type of financing. out of their homes. There is no relief for I have made these comments to expose the them. The Opposition cannot oppose a re- Government for applying its powers in this duction in the exorbitant charges that have way to force the water board to impose been thrust upon the people in the nine unjust charges. affeoted areas. However, we intend to argue The people will soon realize, if they have the position and to draw attention to the not already done so, that to assist it to grievous anomalies and the fact that the overcome its budgetary problems the Gov- Government is unjustly imposing pressures ernment is exacting this unjust tax an& is on the finances of people in those areas. exploting to excess ratepayers in nine local The Opposition contends that a different government areas. This Government, in- approach should be adopted. The Govern- stead of being sincere and telling the people ment should be pegging valuations in those it has to raise money in this way or in some nine areas at a reasonable date-not 1st other way, is adding to its income by in- January, 1973, when revaluations imposed creasing charges thorugh the rating system. unjust burdens on the ratepayers, but at a The Opposition will debate this bill at reasonable time as in the other thirty-five length. At the second-reading stage the local government areas where there will be Opposition will bring forward some more no increases until 1975. Let those nine facts and will move some amendments. areas have the same benefits as the other thirty-five local government areas are I hope that the Government and the Minister appreciate the turmoil that this getting. legislation will cause. Already officers of If the Government wants to give con- the water board have told people who have sideration to pensioners, let it ensure that inquired about rate charges that the situa- tion is in complete and utter turmoil. _I their rates are held at the same levels as accept that statement by public servants they were before this anomalous increase. who are trying to do a sincere and honest These matters must be debated here. job but are directed by this Government Though the Opposi~tioncannot oppose any to oppress ratepayers. reduction to the obnoxious charges that Mr MALLAM (Campbelltown) [8.22]: 1 have been imposed upon the people, we rise to speak on this measure because I say that they should not be imposed on represent an area where the so-called 50 ratepayers iz these 2rcas. Pensioners should per cent rebate of rate increases proposed not suffer a further increase in rates. The by the Government in this measure will apply. The Government's illegal action in Opposition proposes to argue these issues in this regard was purely a vote-catching detail at the second-reading stage. We shall measure. A few weeks before the election then set out the facts in the hope that the many people in the Campbelltown electorate Minister and the Government will show received rate notices which showed not a some of the sincerity about which they talk reduction but, in fact, an increase. Putting a great deal but fail to put into practice. it briefly, their rates went from, say, $100 Mr Haigh] Metropolitan Water [4 DEC., 19731 and Drainage Bill 45 to $200 but were cut down to $150. They this Government remain in power for much did not get a reduction; their rates were in- longer, I have no doubt that I shall see the creased by 50 per cent. In Campbelltown day when a person will feel obliged to pay ratepayers got a 50 per cent reduction on a for a glass of water when he visits a home in 100 per cent increase. That is not the first the Campbelltown area. On behalf of the time this Government has tried the thimble people of Campbelltown I protest against and pea trick. I am suspicious of the actions this legislation. The Government is putting of this Minister and this Government. through a phony measure and telling the It was not long ago that Parliament people it will afford them a decrease in rates brought the water board under ministerial but in fact there will be an increase in rates. control. At the same time the Government A charge of 45c a thousand gallons for ex- slipped through legislation to increase the cess water is outrageous. It is bad enough price of water. Previously a householder was for the Government to drop the cut-off for allowed to use 88,000 gallons of water excess water from 88,000 gallons to 55,000 before being charged for excess. Legisla- gallons but a charge of 45c a thousand gal- tion introduced recently reduced that quan- lons for excess water is nothing short of tity to 55,000 gallons. At the same time the daylight robbery. cost of excess water was increased from People who live in the western suburbs of 32c to 4512 a thousand gallons. The Camp- Sydney will have a real problem following belltown area is hot and dry. Last year age the passing of this legislation. At times parts pensioners who live in Housing Commission of Sydney are quite dry. Fortunately last flats in the Campbelltown electorate com- summer Sydney enjoyed a reasonable rain- plained to me that their water rates were fall and the prospects this summer look higher than ever before. These elderly good also. However, God help pensioners people were being charged $18, $20 and in the Campbelltown area when it next suf- $25 a year for excess water by a Govern- fers a hot, dry summer. The Housing Com- ment that holds itself out as doing some- mission will not pay excess water rates for thing for pensioners and elderly persons. pensioner tenants or ordinary tenants. Re- Despite this the Government reduced from bates are not applicable to excess water 88,000 gallons to 55,000 gallons the quan- charges. This is another thimble and pea tity of water that a householder could use trick perpetrated by the Government. This before being charged the excess rate. is a dishonest piece of legislation and the Normally the amount of water used by a Government ought to hang its head in household in a year is between 80,000 and shame. The Government has embarrassed 88,000 gallons. Even a small home does members of the water board which is re- not use less than that quantity of water in sponsible for the collection of water rates a year. However, this Government used from the people. The Government is com- its thimble and pea trick on the people and pletely dishonest and without morals. The slipped through legislation to bring the previous bill was the roughest and toughest water board under ministerial control. piece of legislation I have ever seen emanate from a government that has had the audacity The changes made in that legislation may to say it will look after pensioners. In fact, not have affected people who live on the the Government is taxing Housing Commis- North Shore and enjoy a heavy annual sion pensioners by charging them for using rainfall but the people of Campbelltown, water in excess of a reduced quantity. The where month after month can pass without Minister should be ashamed of himself for introducing this legislation. any rain and where the summer is hot and dry, are grossly affected. They have to use Mr F. J. WALKER (Georges River) hoses and excess water. Pensioners living in [8.27]: I suppose in a way I should be Housing Commission flats and tending a grateful to the Minister and the Government for introducing this legislation. I am quite small garden about the size of the table in sure I would not be here this evening had this Chamber are charged for excess water my constituents not realized that this was at the rate of 45c a thousand gallons. Should the dirtiest, cheapest and most dishonest 46 Metropolitan Water [ASSE,MBLY] and Drainage Bill electoral gimmick ever perpetraied upon uit I ,,t:11 the crovernment changed the period people of New South Wales. I give my con- of revaluation of properties by the Valuer- stituents credit for becoming aware of this. General from every six years to every two They attended in their hundreds at public years and it told the people this would be meetings and decried the Government for of benefit to them by leading to a reduction precisely the reasons I shall point out to in their rates. In this House I have given the House. example after example to establish that it will in fact increase by at least $20 a year Though this Government has the power the average water rates payable by the home- to control land prices, it refused to do so. owners of the State. Anyone with the The Government refused to exercise its con- faintest knowledge of interest rates will stitutional power to prevent the price of land know that the shorter the period over which from spiralling out of hand. For some time, interest is payable the greater will be the because the rating system has been based amount of interest when compared with upon the price of land, my constituents and payment over a longer term. A similar prin- the rest of the people of New South Wales ciple applies to water rates: the shorter the have paid ever-increasing rates commen- period between valuations the more rates surate with the inflationary spiral in the property owners have to pay over a six-year cost of land. Is it any wonder that the people period. In my electorate the average in- were upset? People in my electorate received crease over a period of six years with two- valuation notices increasing the value of yearly valuations would have been $120 their property by from 150 per cent to 200 more than that which would have been pay- per cent. People in the Colo shire were able with six-yearly valuations. notified of increased valuations of their property to the extent of 400 per cent. They Further, the board increased payments for did not like that. Incidentally, the nine local excess water usage. This was effected by government areas affected by the bill hap- reducing the volume of water that might be pen to contain nearly all the vital seats that used before excess became payable. Also by might cause a swing at the recent elections. a manipulation of the decimal system there No doubt that is merely coincidental. was a 6 per cent increase in the amount of excess charges. On the eve of election the This cynical and dishonest Government Government was faced with a revolt by tried to do something about the electoral ratepayers. In my electorate there were at disadvantage that it knew would flow from least two meetings of 400 ratepayers who the people's anger and ire over increases in expressed their anger with the Government. rates. The Government changed the system The honourable member for Hurstville of valuations from one that the Govern- knows how angry they were and he was one ment's own Royal commission had recom- of those persons who rushed to- the Minis- mended in 1967 as the only fair and ter at the table and said, "Change it, or I equitable system. Water board officials and am gone". As a result the Government pre- anyone else who knew anything about rating pared the bill that is now before the House. agreed with the commission's recommenda- It is a dishonest piece of legislation. The Government promised to reduce by 50 per tion. Nevertheless, this Government changed cent the increase in the nine municipalities. the system from an assessed annual value That is a fair enough political gimmick. I basis to an unimproved capital value basis. have no particular complaint other than it is Water board officials pointed out that that a gimmick. It is not a change in the system: system would increase the rates payable by it is just a handout. an ordinary householder but decrease the The Minister may look at me with horror rates payable by persons owning commercial and amazement, but the people in my elecd premises, home units or flats. The Govern- torate do not want the proposed system. ment introduced a system that must in due They want a change in the principle by course increase considerably the rates pay- which water rates are levied. They know able by the ordinary householder. that in a couple of years' time they will Mr F. J. Walker] Metropolitan Water [4 DEC., 19731 and Drainage Bill 47 face the same situation again. The Govern- them for dishonest and illegal acts. Notices ment decided to reduce by 50 per cent the were sent out on the Wednesday before increase in rates that had occurred in nine the recent elections. They arrived in the municipalities and it brought a bill before letter boxes of my constituents on the this House to give effect to that decision. Thursday and Friday. The notice that I However, the Premier and Treasurer in his received informed me that I would have rush to the polls forgot to get the bill to pay $35 less in rates for the year. It was through both Houses of Parliament and as a dishonest and illegal action, which is now a result it did not become law. That means to be ratified by this Parliament. Of course, that the existing legislation, the Metropoli- the Government should put in the measure tan Water, Sewerage, and Drainage Act, is a provision to indemnify those members of in force until such time as the legislation the board who have taken part in the illegal that is now re-introduced in this Parliament act. I ask the Minister to say that it was not amends it. However, all honourable mem- illegal. He knows that it was. The Govern- bers know that at the time of the election ment puts itself forward as supporting law the existing Act applied. Section 94 of that and order yet it has sponsored the com- Act is in the following terms: mitting of an illegality. Subject to the provisions of this Act the Not only did the members of the water board shall in the manner prescribed, for pur- board commit illegal acts, but also they had poses for which it is so authorised, levy rates, the proceeds of which, together with any other the board's employees work overtime on revenues of the service for which the rate is the Saturday and Sunday of the week be- levied, shall be sufficient to discharge all its fore the elections so that they might re- obligations under this Act. programme the board's computer to en- In other words, the board is under a legal able illegal notices to be sent out. I do duty to levy rates in accordance with the not know how many thousands of dollars Act. That is simple and sensible. What of taxpayers' money has been spent on the happened, of course, was that the Govern- posting of illegal notices so that the Govern- ment made a promise at a time when an ment might obtain an electoral advantage. election was near to reduce rates levied The Minister ought to be ashamed of him- under the Act by 50 per cent of the increase. self. It is a disgraceful action and in any What did the Government do? It instructed other parliament of the Commonwealth a the Metropolitan Water Sewerage and Minister who participated in this illegal pro- Drainage Board to go ahead and imple- cedure would resign overnight. As a mem- ment the reduction in rates; it instructed ber of a law and order Government which the board to break the law, to defraud the supports such an action he should be Treasury of New South Wales by at least ashamed of himself. I can assure the Minis- $3+ million. The Government was asking ter that he has not heard the end of it, as I the members of the board to be criminals. shall have more to say on it at a later stage. As they complied with the Government's Pensioners are always a problem. They request they were criminals. They went are on a relatively fixed income and in ahead and issued notices in contravention spite of extra benefits they are now receiv- of the Act. They broke the law on the ing from the Australian Government in instructions of the Minister, and he ought Canberra, they are in a difficult position to resign because any Minister who instructs in endeavouring to meet water rates. I public servants of a department und~erhis gather that the Minister intends to improve control to defraud the Treasury of at least slightly their position compared with their $3f million ought to do so without hesita- obligations under the existing Act. Never- tion. However, the Minister did go ahead theless, they will still be in a most em- and gave those instructions. barrassing position as percentage increases At a public meeting in Hurstville a mem- are more harmful to them than to other citi- ber of the water board stated that the Minis- zens. I am receiving dozens of letters from ter and the Government had given the mem- my pensioner constituents complaining bers of the board an indemnity for any legal about the increases which are so steep in proceedings that might be taken against my electorate that they will have to sell 48 Metropolitan Water Bill [ASS]ZMBLY] Hunter District Water Bill their homes and move to other areas where facts are correct. It was done at a time valuations do not attract such high water when the former Leader of the Opposition rates. The Opposition intends to move was ,Minister for Local Government. It is amendments to cover the position of pen- not unusual for a government to bring in a sioners and the principles of valuation. I measure to confer benefits quickly on cer- shall have a lot more to say about this tain classes of people and to validate it later. measure at the second-reading stage. I do not know why Opposition members are getting excited. Obviously the election was Mr PUNCH (Gloucester), Minister for a foregone conclusion. The Government Public Works [8.37], in reply: The House gave an undertaking that it would bring in has just heard some amazing statements a bill to validate the measure, and that is by the eminent gentleman opposite- what is happening now. So the Govern- Mr F. J. WALKER: The facts are amazing. ment is merely honouring an undertaking that it gave. The honourable member for Mr PUNCH: The statements were a long Campbelltown, in his usual waffling way, way from the facts and if I am given the gets up and talks about how a water bill opportunity to do so I shall answer most of went from $100 to $200 and then came them in my second-reading speech. There back to $150. are a number of points that I do not intend to dwell upon at this stage as I shall cover Mr MALLAM:It did. I could show the them adequately at the second-reading stage. Minister dozens of accounts. Members of the Opposition appear to want Mr PUNCH: What does that prove? things both ways. At one stage the Leader of the Opposition was crying that the Gov- Mr MALLAM:That it is not a reduction ernment was not getting on with the job of but an increase. sending out notices of rebate. I think some Mr PUNCH: If the honourable minister 160,000 notices had to be sent out and that for Campbelltown is passing a kindergarten was a fairly major operation for the board. at any time he should get the teacher to The Government then said, "All right, we give him a lesson in elementary arithmetic. will do this; we will send them out and bring The Government never said that rates were in validating legislation later". This is what being reduced. It said that the legislation the Government is now doing and it causes was introduced to reduce by 50 per cent the the honourable member for Georges River increase in rates brought about by the rise to jump up and down and to say that it is in valuations. I know that is a bit hard for illegal, that I ought to resign and all this the honourable member for Campbelltown nonsense. to comprehend. As it has nothing to do with smearing, he would not understand. Mr F. J. WALKER: It is illegal. The whole idea behind the measure was Mr PUNCH: Yes, it is illegal in this an attempt to reduce to a minimum the regard; I cannot dispute that. However, it effect on ratepayers. That is what the Gov- was introduced for the convenience and ernment is doing. benefit of the people of this State. It follows Motion agreed to. a precedent set some years ago when the Bill presented and read a first time. person whom the Opposition put the chop- per across yesterday was, the Minister for Local Government. So the Government is HUNTER DISTRICT WATER, SEWERAGE following a precedent set by the Labor AND DRAINAGE (AMENDMENT) BILL Party. INTRODUCTION Mr F. J. WALKER: That is not true. Mr PUNCH (Gloucester), Minister for Public Works [8.42]: I move: Mr PUNCH: Junior comes to the fore That leave be given to bring in a bill to in- again. He might profess to know something crease the allowable rebate of rates to certain about the law but I ask him to refer back classes of pensioners and to enable the Hunter to what happened and make sure that his District Water Board to vary those rebates by Hunter District Water [4 DEC.,19731 and Sewerage Bill 49 a by-law; to reduce the rates payable by rate- the notice of the Minister the predicament payers in respect of residential land in the of a number of Lake Macquarie people who municipality of Maitland; to postpone the operation of a general valuation by the Valuer- have had their properties valued in 1973. A General in respect of certain areas; for these general valuation does not come into effect and other purposes to amend the Hunter Dis- there until 1974, but during this year some trict Water, Sewerage and Drainage Act, 1938; new valuations have been issued. I can cite and for purposes connected therewith. more than one example of people who have This bill is similar in content to the bill subdivided their land and as a result have I have just introduced for the metropolitan received new valuations for the new pro- board, except that the only municipality perties. One case, which I shall elaborate that has been subject to revaluation in the at the second-reading stage, concerns a Hunter District Water Board's area is the family that has been living in the area for municipality of Maitland. There has, how- many years. Being good neighbours, they ever, been a general increase to the order agreed to give to the owner of an adjoining of 73 per cent in the level of rates through- property three feet of their property for no out the Hunter board's area. The bill pro- charge whatever. Of course, the neighbour vides that for the municipality of Maitland receiving the land paid the legal expenses. the rebate will apply only in respect of the However, when new valuations were issued increase in rating due to revaluation and it showed an assessed annual value rise from not to the general increase in rating that $650 to $1600. People notified of such valu- has been experienced throughout the ations will not receive the concessions that remainder of the board's area. The pro- are to be conferred upon certain property visions in respect of pensioners are the same owners by this measure. If the Minister and as those for the metropolitan board. I com- the Government were fair dinkum they mend the bill to the House. would agree to amending the bill to take in all revaluations since the Maitland area was Mr JONES (Waratah) [8.44]: Members revalued. on this side of the House object to this type of legislation being brought forward. We I have given an example of a person who believe that it is just another measure to was doing a neighbour a good turn. He will protect the coffers of the Country Party not be covered by the bill. I hope that the and will do nothing to assist other areas Government will give the Opposition an that have suffered from similar valuation opportunity to debate the bill in more detail increases. At a later hour, when the second- at the second-reading stage so that we can reading stage is reached, I shall put for my explain quite a number of other anomalies party the Opposition's case on rate in- in this measure. creases in council areas where people will Mr PUNCH (Gloucester), Minister for have to foot the bill. If the Government Public Works [8.47], in reply: I shall mr intends to do this for Maitland, it should one point that was made by the honourable do it for the rest of the Hunter board's member for Lake Macquarie and touched area. It should not simply pick out one on by the honourable member for Waratah district and give the people there the benefit of a rate rebate, especially as the increase also. They submitted that this concession should apply to all parts of the Hunter in that area has not been as great as that in the Newcastle city council area, or even board's area. I should be the first to be happy to do this and to reduce rates, which in the Lake Macquarie shire. we acknowledge are too high. We are trying Mr M. L. HUNTER (Lake Macquarie) to carry out relief measures and to introduce [8.45]: I support the honourable member for a new scheme within a year. We are Waratah, and emphasize that the people in doing this in an effort to relieve the rate- the rest of the Hunter District Water Board payer of some of his burden. I am referring area are upset because favours are being to water rates, council rates and other rates. bestowed on the municipality of Maitland They are very high and burdensome for the which is represented in this Chamber by property owner, but if we did what honour- the Minister for Transport. I shall bring to able members asked we would be cutting the 4 50 Hunter District Water Bill [ASSEE6BLYI Broken Hill Water Bill rate set by the board. A statutory board Mr PUNCH: It would not be possible to says, "We have to fix a rate at a certain do this in view of the complexity of the figure in order to raise so many dollars." whole issue. As an example, if this sugges- tion were adopted in the Sydney metropoli- Mr M. L. HUNTER: But I have mentioned tan area it would involve going physically a new valuation. through about 900,000 rate notices. The problems mentioned by the honourable Mr PUNCH: If we applied this rate right member for Lake Macquarie are valid and across the board, whether in Sydney or the Government has tried to overcome them. Newcastle, we would be cutting back the However, it is considered that in a couple programme of the two boards. That cannot of years after the introduction of this legis- be done. The whole idea was to try to re- lation with the new system of rating and lieve the burden on the people who were when the backlog of sewerage needs is affected this year because the overall valua- caught up with, a great many of the ano- tion increases which brought about rate in- malies the Opposition has referred to will creases in certain sections, were higher than be overcome. they had ever been before. Motion agreed to. Mr M. L. HUNTER: But what about the Bill presented and read a first time. person I have mentioned? Mr PUNCH: Unfortunately anomalies always arise. We know that many anomalies BROKEN HILL WATER AND SEWERAGE will arise during the changeover. When all (AMENDMENT) BILL properties are valued on the same date that INTRODUCTTON will overcome many of the present anoma- Mr PUNCH (Gloucester), Minister for lies. But until that takes place many Public Works ~8.521:I move: anomalies will remain. I know that we shall That leave be given to bring in a bill to have them, but we are trying to do the best increase the allowable rebate of rates to certain we can in this regard. Maitland was picked classes of pensioners and to enable the Broken Hill Water Board to vary those rebates by a out only because it was the only council area by-law; for these purposes to amend the Broken in the district served by the Hunter District Hill Water and Sewerage Act, 1938; and for purposes connected therewith. Water Board that was revalued in 1972. If councils at Lake Macquarie, Newcastle, This bi follows on from the two other bills Cessnock or any other council had been in I have just introduced in respect of the metropolitan board and the Hunter District that position, they would have been subject Water Board. This particular bill, however, to the same concessions that were extended covers only the aspect of rating for pen- to the nine Sydney areas. We could not in- sioners, and in this respect is identical in clude Lake Macquarie or Cessnock. The content to the other two bills. No provision honourable member for Waratah rightly says is made for rebate of rates because the rating position in respect of the Broken Hill Water that the Newcastle area carries a big burden Board is different from that of the other two in the Hunter District Water Board rate. We boards. For the information of honourable could not say, "We shall give you this con- members, I point out that the Valuer- cession", because we would have had to General does not operate in the western redate it to last year. If we went back to area of the State. Valuations there are made under the Local Government Act, and the last year, it would then be suggested that Broken Hill Water Board engages profes- we should go back to the previous year. sional valuers to carry out its valuations. Mr M. L. HUNTER: We are asking for The last valuation was undertaken in 1971, the concession to be extended only to pro- and IEW valuations~are not due for several perties in respect of which valuations have years yet. As there has not been a great deal been altered, the same as at Maitland. of movement in property values in the Broken Hill Water [4 DEC.,19731 and Sewerage Bill 5 1 Broken Hill Water Board area the question second-reading speech to learn whether the of rebates does not therefore arise. As I Government contemplates doing anything have said, the provisions of this bill apply for these people. only to pensioners' rates, and I commend the bill to the House. Mr PUNCH (Gloucester), Minister for Public Works 18.571, in reply: I can give Mr JOHNSTONE (Broken Hill) [8.55]: the honourable member for Broken Hill an I agree that the bill is a worthwhile measure immediate answer to his query. The people and one which will be of assistance to many to whom he refers are not covered by the people in Broken Hill. However, as we all bill. The legislation deals only with social know, there are various kinds of pensioners. service pensioners. Although I am not fami- Broken Hill, like any other mining town, liar with the point the honourable member has problems affecting its mine pensioners, has raised, I shall be happy to take it up and the bill excludes those people from its with the president of the board. However, I provisions. I hope the Minister will clarify point out that to adopt the honourable this matter in his second-reading speech. member's suggestion would create other As a mine pensioner retires at the age of 62 anomalies because if the concessions en- he is not eligible to come within the pro- visaged by the bill were granted to retired visions of this measure. He is excluded mineworkers in the Broken Hill area it is until he has reached the age of 65 and obvious that the benefits would have to be is eligible for the age pension. I hope that extended to people in a similar situation something can be done to include these throughout the whole of the State. Although people within the provisions of this bill be- only a couple of hundred people are in- cause at present they are at a disadvantage. volved in the suggestion made by the hon- Many people in receipt of mineworker's ourable member for Broken Hill, if it were pensions do not receive as much as age adopted-and no doubt it would be wel- pensioners and they do not benefit from con- come-it would have to be extended to cessions granted to age pensioners in respect many other pensioners throughout the of water rates. State. I look forward to the Mnister's second- reading speech and to examining the bill Mr JOHNSTONE: I am interested in only to see whether these pensioners are covered one type of pensioner. by the bill. In his introductory remarks the Minister referred 'to certain types of Mr PUNCH: That is right, but I hops pensioners. If this term can be clarified- the honourable member appreciates my as I am sure it will be-we shall see posiftion. If these benefits are given to mine whether these people who have been penal- pensioners many other types of pensioners ized as a result of an agreement that re- would have to be considered. However, I quires them to retire at the age of 62 but am happy to have a look at the position have to wait three years before they are of these people and deal with it at the entitled to benefits available to ordinary second-reading stage. Though I am happy age pensioners are to be granted these to talk with the president of the board, to concessions. We have our own way for deal- ascertain the position, including the num- ing with this problem in Broken Hill, be- ber of other types of pensioners involved cause these people are given certain sums throughout the State and see if anything of money to' help them over this difficult can be done, quite frankly, I can see period. If the provisions of the bill could problems. We must draw the line and be extended to include these people-and establish a cut-out point in different areas there would not be a great number of them, of the State. perhaps 200 or 300-it would be of assist- ance to the mine pensioners in Broken Motion agreed to. Hill. I look forward to the Minister's Bill presented and read a fist time. 52 Local Government [ASSEMBLY] Amendment Bill LOCAL GOVERNMENT (REGULATION doubt whether existing use rights normally OF FLATS) AMEND'MENT BILL included in planning scheme ordinances, INTRODUCTION and interim development orders which apply to buildings within residential districts Sir CHARLES CUTLER (Orange), would enable a building converted under the Deputy Premier, Minister for Local Govern- Regulation of Flats Act to be demolished ment and Minister for Highways [8.58]: I and replaced by a new residential flat build- move: ing in a locality where the erection of such That leave be given to bring in a bill to a building would otherwise be prohibited. extend the time within which applications may be made to convert certain existing buildings To eliminate any doubt on the matter, the into residential flat buildings; to restrict the extent to which buildings so converted may be bill provides that any such existing use pro- enlarged, altered, rebuilt or extended; for these visions shall apply to a converted building and other purposes to amend the Local Gov- ernment (Regulation of Flats) Act, 1955; and only so as to permit the maintenance and for purposes connected therewith. continued use of that building. I shall have The Local Government (Regulation of more to say on the matters outlined at the Flats) Act, 1955, to which I shall hereafter second-reading stage. In the meantime, I refer as the Regulation of Flats Act, is ex- commend the motion for favourable con- pressed to operate for a period of eighteen sideration. years from the date of its commencement, which was 13th December, 1955. Therefore Mr JENSEN (Munmorah) E8.591: The the present act will expire on 12th Decem- Opposition does not object to this proposal ber, 1973, and the purpose of this short bill although, as indicated by the Leader of the is to extend its period of operation until 31st December, 1978. Opposition, we object to the procedure the Government has elected to use to bring the The Regulation of Flats Act provides that the owner of any building erected before measure before the House. The original 30th June, 1949, may apply to the council legislation was enacted in 1949, which in- of the area in which the building is situated dicates that it was the result of much to make alterations or alterations and addi- activity and skilful planning because it tions to that building for the purpose of con- related to the efforts of a Labor govern- verting it into a residential flat building. Under the Act the council may approve of ment. The proposal to extend the provisions the application notwithstanding the fact that enacted at that time will not meet with the proposed alterations or additions will objection in this Chamber, though members result in a building which does not comply of the Opposition deplore the fact that the with the requirements of the Local Govern- Parliament has not been given sufficient ment Act relating to minimum distances of time to give adequate consideration to the the external walls from side boundaries of the allotment or prohibitions under residen- matter. Probably we ought to be further tial district proclamations. amending the procedures relating to the regulation of flats and probably local gov- Two other minor amendments to the Act ernment would benefit from the mature are proposed by the bill. The first is designed consideration that would be given were to ensure that after a building is converted circumstances different to what they are. into a residential flat building in accordance Notwithstanding those factors, the Opposi- with an approval under the Act no future tion will not oppose the extension of the extension may be permitted which would regulations regarding local government and make the total floor plan area of all addi- flats. tions exceed thirty per centum of the ground floor area of the building as it was immedi- Motion agreed to. ately prior to its conversion. There is some Bill presented and read a first time. Local Government [4 DEC., 19731 Amendment Bill 53

LOCAL GOVERNMENT (AMENDMENT) general rates and from $40 to $60 for each BILL water and sewerage rate levied by a council. INTRODUCTION As honourable members are aware, this Sir CHARLES CUTLER (Orange), scheme makes it mandatory for councils to Deputy Premier, Minister for Local Govern- reduce by one half the rates payable by ment and Minister for Highways [9.2]: I persons in receipt of pensions under the move: Social Services Act, 1947, and the Repatria- tion Act, 1920, and who hold or would be That leave be given to bring in a bill, to amend the definition of "newspaper" in the entitled to hold a pensioner medical service Local Government Act, 1919; to increase the entitlement card. However, because of in- maximum reduction allowable in respect of flationary pressures the particular limit of certain rates payable by eligible pensioners; to rebate now requires revision and an increase empower the making of ordinances to control is justified. As from the 1974 rating year, transmission of noise in buildings; to validate certain matters; for these and other purposes therefore, the maximum reduction will, as I to amend the Local Government Act, 1919; have indicated, be increased by 50 per cent. and for purposes connected therewith. The third and last amendment to be in- [Quorum formed.] troduced in the bill is one relating to noise This short bill contains three proposed transmission in buildings. Honourable mem- amendments to the Local Government Act, bers will appreciate that noise transmission all of which have some degree of urgency. in residential flat buildings has been a source They are listed in the explanatory note on of complaint in recent years. This question the bill, and at this stage I shall only com- of noise in buildings has assumed greater ment briefly on the matters dealt with. This importance as the proportion of flats to bill will not be continued tonight. single dwellings has increased. Although it is not possible to completely eliminate the The first proposal is to amend the defini- transmission of noise in flats, a great deal tion of "newspaper" in section 4 of the can be done to reduce its effect by regulat- Local Government Act. For many years a ing methods of construction and materials "newspaper" had been defined in the Act used. The Australian model uniform build- as one which was either registered for ing code issued by the interstate standing transmission by post or registered under the committee on uniform building regulations New South Wales Newspapers Act of 1898. contained recommendations for the regula- The Newspapers Act was repealed earlier tion of noise in buildings. These were to this year and there is now no appropriate have been incorporated, with other provi- State registration scheme. The Printing and sions of the code, in the recently promul- Newspapers Act of 1973 inserted in the gated ordinance 70. However, we have been Local Government Act a new definition advised that there is no power in the Local which restricted newspapers to those regis- Government Act to make ordinances relat- tered for transmission through the post. It ing to these matters and the provisions deal- was not appreciated at the time that most ing with noise transmission have therefore local free newspapers were not registered been omitted pending the introduction of in this way. Consequently, these newspapers, this amendment. I shall .say more about which are used extensively for advertising these matters at the second-reading stage. by councils, and which report council pro- ceedings are, strictly speaking, no longer Meanwhile, I commend the motion to the newspapers for the purpose of the Local House. Government Act. The bill which I now seek Mr JENSEN. (Munmorah) r9.71: There leave to introduce will correct the situation. is no objection from the Opposition to the The second proposal provides for an in- introduction of the bill to perform the pur- crease in the maximum reduction allowable poses the Minister has outlined, the first of under the rate reduction scheme for eligible which is to give to newspapers a definition pensioners. The maximum reduction allow- that would include those newspapers that able will be increased from $80 to $120 for are distributed. freely in areas and are not 54 Local Government Bill [ASSEMBLY] Registration of Births Bill therefore subject to the deibition of a news- future will reduce noise more effectively paper in terms of the Printing and News- than flats constructed in the past. How- papers Act of 1973. That will meet with ever, we shall await with interest the pro- no objection from this side of the House. posals to be made by the Government. More The need to increase the maximum rebate of important and axiomatic is the need to do rates to pensioners is largely attributable to something about flats already constructed the failure of this Government to do things to stop the noise nuisance being transmitted that would regulate the price of land and from one flat to another with the conse- reduce the incidence of the problem. That quent inconvenience to which persons are proposal also meets no opposition from hon- subjected by their neighbours who are in- ourable members on this side of the House, considerate of the problems created by though we would much prefer that the Gov- noise. Generally, the Opposition takes no ernment be fundamental in its approach and exception to the Government's proposals, do things to control the price of land and but it will wish to look at the details of abstain from the kind of conduct in which the measure, particularly those relating to it so freely engages in profit making by the increased maximum rebates for pensioners, sale of Crown land. While the Government in regard to both general municipal rates persists in this way, certainly the Opposition and water and sewerage rates, in view of will not take any exception to the proposal the factors to which I have already re- to increase the maximum rebate on rates of ferred. pensioners from $80 to $120 for general Motion agreed to. rates and from $40 to $60 for water and sewerage rates. I hope this measure takes Bill presented and read a first time. cognizance of the fact that pensioners with a medical service entitlement card can get a full reduction in rates but those whose REGISTRATION OF BIRTHS, DEATHS income is as little as ten cents a week more AND MARRIAGES BILL than the amount that qualifies them to a INTRODUCTION pensioner medical service entitlement card Mr MADDISON (Ku-ring-gai), Minister get no rebate at all. of Justice [9.12]: I move: Mr VINEY: They do not get a reduction That leave be given to bring in a bill to on their television licence either. provide for the registration of births, deaths, marriages, still-births and adoptions and the recording of legitimations; to make provision Mr JENSEN: They do not, but I am with respect to certain matters consequent on concerned about the sphere of administra- deaths and still-births; to amend the Con- tion and the social conscience of this Gov- veyancing Act, 1919, and certain other Acts in certain respects; to repeal the Registration ernment to see that not only do pensioners of Births Deaths and Marriages Act 1899, the who qualify for a medical service entitle- Marriage Act, 1899, The Legitimation Act of ment card get a reduction in rates but as 1902 and certain other enactments; and for well that those who miss out bv five or ten purposes connected therewith. cents and who might be up for HonourabIe will rec. that a meam general rates or $60 for water and sewerage rates also get some consideration. I hope sure simiIar to the one for which leave that the amendment proposed by the Minis- to introduce is now sought was introduced ter takes cognizance of the fact pointed out in this House during the last Parliament. by the Opposition that no social conscience I then indicated that the bill would enable is manifested in the sharp cut-off in conces- implementation of a more efficient system sions given to pensioners by the Govern- of registration of births, deaths and mar- ment. riages resulting in substantial economies in administration and improved service%to the On the question of noise in flats, the With one exception, the bill proposals outlined by the Minister cer- is substantially the same as the one that tainly will not be objected to by the Opposi- wa"revious1~ introduced. The exception tion, particularly if we are to have regula- tions to ensure that flats constructed in to which 1 refer is the inCOrporati0n of a Registration of Births, [4 DEC.., 19731 Deaths and Marriages Bill 55 new provision designed to prevent continu- Summarizing our attitude to the other ance by the Registrar-General of a former matters dealt with in the proposed bill, we practice of automatically notifying the believe that the scheme for regional regis- Commissioner of Police of certain births. tration of births and deaths and the intro- I shall explain this provision in detail at duction of a central system of registering the second-reading stage. marriages are steps forward, as is the use The main purposes of the bill for wbich of contemporary processing and data pre- leave to introduce is sought fall into three paration techniques. This will produce a broad categories: fist, to modernize the better record, and provide a more efficient outmoded language and procedure of the recording system. The Opposition appre- registration Act to permit the introduction ciates the need to amend the statute law of of a regional system of registration for New South Wales pursuant to the Com- births and deaths, and a central system for monwealth's entry into the fields of marriage marriage registrations, making use of con- and legitimation, and in that respect the temporary processing and data preparation Opposition will adopt the same attitude that techniques; second, to revise the statute it adopted to the earlier bill. If my memory law in the light of entry by the Common- serves me correctly, we did move a couple wealth into the legislative fields of marriage of amendments on that occasion, and I and legitimation, thereby rendering nugatory could not say that the Minister will be free certain State legislation; and third, to intro- of our moving amendments again, for my duce a number of changes of a remedial recollection is that the amendments related nature in the substantive law. I commend to matters of principle on which the Gov- the motion. ernment and the Opposition differed. No indication has been given so far that the Mr MULOCK (Penrith) [9.15]: I have Government's attitude has changed in that noted with interest the Minister's comment respect. that the bill for which leave to introduce We await the presentation of the bill with is sought is substantially the same as the interest. The only matter of difference be- measure in the course of consideration at tween the bill proposed to be introduced the time the last Parliament was prorogued. and the one that was previously before the House has been referred to. Members of The exception is the incorporation of a new the Opposition will decide their attitude on provision designed to prevent the continu- the matter when we have seen the wording ance of the practice of the Registrar- of the provision in question, and we will General's automatically notifying the Com- have more to say on the other provisions missioner of Police of the birth of a child after refreshing our memories on the terms of the bill. that was apparently conceived when the girl was under 16 years of age. That Mr PETERSEN (Illawarra) [9.17],: I amendment was foreshadowed by the commend the Minister for accepting the Opposition when the earlier bill was intro- amendment suggested by the Opposition when a bill similar to the one for which duced. I raised 'the matter in the course of leave to introduce is now sought was last deliberations on the bill, and the honow- before the House. That amendment will have able member for Illawarra also spoke on the effect of virtually ceasing the practice the subject. In fact, it was he who initiated of the Registrar-General's automatically ad- the matter in our party and drew attention vising the police when a child is born to a girl who was apparently under the age of to the praotice. The Minister commented consent at the time of conception of the on it, noted our observation and said that child. That is an interesting advance in the he would look into the question. Appar- field of civil liberties at a time when, in ently he has done so, and the Opposition general, one finds that with new legis- now looks forward to seeing the terms of lation greater restrictions tend to be im- the provision in question. posed. If anyone asks what I have been 56 Registration of Births Bill [ASSEhVIBLY] Mine Workers Bill doing in the six years I have been in Par- The table for section 16 covers injuries liament, I shall be able to point to a double causing loss of an arm, or the greater por- yellow line on a particularly dangerous road tion of it; the lower part of either arm; a in my electorate, and to this amendment. hand; a finger or all fingers or joint of a Motion agreed to. finger; a leg or the greater portion of it; a foot, a toe, or toe joint; loss of an eye or Bill presented and read a first time. diminution of sight; loss of hearing; com- plete deafness; and loss of the power of COAL AND OIL SHALE MINE WORKERS speech. The existing legislation is dis- (SUPERANNUATION) AMENDMENT criminatory in its treatment of injured mine- BILL workers in as much as one injured mine- worker can recover substantial damages for Mr FWEi (Wagga Wagga), Minister for a table injury, say for loss of a leg, and Mines, Minister for Power and Assistant receive payments of pension, whereas an- Treasurer [9.19]: I move: other mineworker who receives multiple back injuries, obtains compensation for such That leave be given to bring in a bill to remove the restriction on mineworkers re- injury and subsequently becomes a para- ceiving pension payments under the Coal and plegic and loses the use of both legs, is dis- Oil Shale Mine Workers (Superannuation) Act, qualified until he attains the age of 60 years. 1941, as well as workers' compensation or certain other damages for injury; for this pur- Because of the anomaly created by this pose to amend the Coal and Oil Shale Mine limitation of the disqualification rule, the Workers (Superannuation) Act, 1941; to vali. situation is obviously one that should be date certain matters; and for purposes con- rectified. It has, indeed, already been recti- nected therewith. fied in Queensland by the repeal of an al- The objects of this bill are, first, to remove most identical section in the Queensland the disqualification from receiving a pension Coal and Oil Shale Mine Workers (Pen- presently imposed by section 12 of the Act sions) Act. For these reasons section 12 on a mineworker who is in receipt of will be deleted from the Act, thus abolishing workers' compensation or who has recovered the disqualification rule. This is a measure damages for injuries independently of the that is long overdue and I commend the Workers' Compensation Act and, second, to motion to the House. make the cessation of the disqualification Mr JOHNSTONE (Broken Hill) r9.231: effective from 15th July, 1973. The Opposition has awaited this bill for Since the Coal and Oil Shale Mine some considerable time, especially when the Workers (Pensions) Act, as it was then Premier in July, 1973, made a press state- called, was passed in 1941, section 12 of ment about this measure-though not in the Act has made receipt of workers' com- exactly as much detail as the Minister has pensation payments or recovery of damages given in his introductory speech. A number independently of the Workers' Compensa- of questions will be asked at the second- tion Act a disqualification against the im- reading stage and the Opposition might be mediate payment of pensions to injured moving one or two amendments on behalf mineworkers. of mineworkers in New South Wales. I In 1942, 1950 and 1969, amendments have here correspondence from retired were made to section 12 which progressively miners who have matters that they wish to had the effect of immediately removing the disqualification from certain classes of pen- bring up and provisions they would like in- sioners. Unfortunately, the relaxation of the cluded in their own superannuation fund. disqualification rule was limited to those One of these matters, of course, is that the injuries covered by the table to section 16 miner retires at 60 and has to wait until age of the Workers' Compensation Act and no 65 to receive an age pension to supplement account was taken of injuries for which compensation was payable or for which his superannuation payment. The miner re- damages could be claimed but which were tiring at age 60 is not only adversely finan- not included in the section 16 table. cially affected by his inability to obtain an Mine Workers Bill [4 DEC.,19731 Industrial Arbitration Bill 57 age pension but also denied a number of Mr FIFE (Wagga Wagga), Minister for medical and fare concessions. When a man Mines, Minister for Power and Assistant reaches age 65 he is entitled to certain medi- Treasurer 19.271, in reply: I thank the hon- cal and fare concessions from the Govern- ourable member for Broken Hill and the ment, but because a miner must retire at honourable member for Illawarra for their age 60 to go on the fund, he is not entitled contributions. This is a small measure and to these concessions until he reaches the I do not know what amendments the hon- later pensionable age. As the Minister in- ourable member for Broken Hill has in timated, the bill will be welcomed but the mind. The bill for which I seek leave to Opposition will examine the provisions of introduce will merely delete section 12 of the legislation to see whether it agrees with the principal Act, so the House will either them. delete the section or leave it in. Let me deal with the point of retrospectivity raised by Mr PETERSEN (Illawarra) 19.251: I am the honourable member for Illawarra. I said a little disappointed in what the Minister a few moments ago that the legislation has said; he made no reference to retrospec- would take effect from 15th July, 1973. I tivity. If my memory serves me correctly, recognize that the honourable member feels only a few miners are affected. Perhaps the that perhaps retrospectivity should extend Minister could correct me if I am wrong, beyond 15th July but as today is 4th Decem- but I believe that only about seventeen ber, at least six months' retrospectivity will miners are affected. be provided. Mr FIFE: I am not sure of the number. I shall refresh my memory on the num- ber of persons concerned but as I recall it Mr PETERSEN: As the Minister has said, -and I stand to be corrected-all those this is a clear anomaly which in my view- affected are covered by the date I havs and I think in the view of any reasonably mentioned. Of course, the legislation minded person-should have been remedied does not go back to cover perhaps those a long time ago. This class of person-and who are no longer affected by this section, as the Minister said they normally fall into but the Government did not feel that it the class of paraplegics-has been severely would be appropriate to backdate the legis- affected. As the Minister said, these persons lation beyond the date of the announcement are compelled to eke out their damages be- of the Cabinet decision. However, in the fore they become entitled to miners' super- light of the comments made by the honour- annuation. In my view they are entitled to a able member for Illawarra, I shall again considerable amount of retrospectivity. They look at this question and make further com- are almost invariably pathetic cases and al- ments during my second-reading speech. most invariably persons requiring permanent care and attention. Motion agreed to. When the Minister issued his press state- Bill presented and read a first time. ment the i~mmediatethought that struck me then was the lack of any reference to retro- INDUSTRIAL ARBITRATION (FURTHER spectivity. When our caucus comes to deal AMENDMENT) BILL with the legislation, I shall certainly be rais- INTRODUCTION ing this question. Might I suggest that the Mr WILLIS (Earlwood), Minister for Minister look at this question of retrospec- Education [9.29]: I move : tivity before he delivers his second-reading That leave be given to bring in a bill to remove the right to reduce ordinary working speech. It seems totally unfair and anoma- hours by agreement or award made by consent; lous that these persons are not entitled to to authorise the Industrial Commission of New South Wales, in certain circumstances, to make back payment of their pension for a con- awards reducing the ordinary working hours siderable period. They should not be made in industries; for these purposes to amend the Industrial Arbitration Act, 1940; and for pur- to suffer unnecessarily by the lapse of time. poses connected therewith. 58 Industrial Arbitration fm BMBLY] (Further Amendment) Bill The purpose of this bill is to empower the Most workers under State awards work industrial commission in court session, on less than 40 hours a week. The Govern- application, to make an award prescribing ment intends to ensure that never in future reduced working hours for employees, or in any circumstances will workers be per- any class of employees in an industry, after mitted to work less than 40 hours a week taking into account the economic con- unless they have the permission of the full sequences of the proposed award. Honour- bench of the Industrial Commission. There able members will recall that on l lth Octo- was provision in the bill that the last Parlia- ber last I introduced a similar bill which ment considered whereby any employer reached the Committee stages on 18th could be fined $1,000 if he agreed on hours October. The passage of the bill was not of work less than 40 a week. It was written completed, due to the dissolution of Parlia- into that measure that before such terms ment. Honourable members will recall of employment could be permitted between details of the measure but I shall again the two parties there must be a full hearing refer to its provisions at the second-reading before the full bench of the Industrial Com- stage. mission and approval of that body. The Opposition is opposed to the introduction Mr QUINN (Wentworthville) [9.31]: of this measure, which it would seem is no The Minister has informed us that this is different from the bill that the Government the same bill- introduced toward the end of the last Mr WILLIS: A similar bill; there is a Parliament. This measure has been amended slight difference. to overcome the great failing of the last measure, even from the Government's point Mr QUINN: In other words, the Min- of view, whereby employees at present work- ister has incorporated in this bill the amend- ments that he rushed into the House at the ing a 35, 36 or 38-hour week would have last moment when the earlier legislation had it taken away from them. But it appears was before us-the ones that he brought that this is the only change in the bill. The in to ensure that the bill would not, when Opposition is very much opposed to it; we existing agreements expired, destroy the do not think the Government should be working conditions and hours of employ- ment of State employees who have been given leave to introduce it, and we intend granted a working week of less than 40 to vote against it. hours. Is that the only alteration? Question-That leave be given to bring in Mr WILLIS: The honourable member a bill-put. should be patient. The House divided.

Mr QUINN: The Opposition is becoming AYES, 48 very impatient with the Minister and the Mr Arblaster Mr Jackett Government for introducing this type of Mr Barraclough Mr Leitch legislation. Ever since the Industrial Arbitra- Mr Boyd Mr Lewis Mr Brewer Mr McCaw tion Act has been in existence in New South Mr Brooks Mr McGinty Wales there has been provision whereby Mr Brown Mr Mackie employer and employee can sit down and Mr Bruxner Mr Maddison come to some agreement on terms of Mr Coleman Mr Mason Mr Cowan Mr Mauger employment and hours of work. By this Mr Crawford Mr Mead bill the Government will make it illegal in Sir Charles Cutler Mrs Meillon future for anybody, by agreement or con- Mr Darby Mr Morris sent award in the courts, to reduce working Mr Duncan Mr Mutton Mr Fife Mr Osborne hours below 40 a week. The Government Mr Fischer Mr Park must think that such agreements will utterly Mr Fisher Mr Pickard destroy the economy of New South Wales, Mr Freudenstein Mr Punch that it is a te~ribleand devastating thing for Mr Griffith Mr Rofe Mr Harrold Mr Ruddock employers and employees by agreement to Mr Healey Mr Singleton reduce working hours. Mr D. B. Hunter Mr Viney Industrial Arbitration Bill [4 DEC., 19731 Stamp Duties Bill 59 Mr Waddy Tellers, respect of property passing to the widow, Mr N. D. Walker Mr Willis Mr Doyle widower, children under 21 and wholly de- Mr Wotton Mr Rozzoli pendent adult children, or to the wholly dependent widowed mother or widowed NOES, 44 father unless the final balance of the estate Mr Bannon Mr Keane exceeds $50,000. The increase in the gen- Mr Barnier Mr L. B. Kelly Mr Bedford Mr Maher eral exemption to close dependants will re- Mr Booth Mr Mahoney quire adjustments in the scale of conces- Mr Brereton Mr Mallam sional rates of duty applicable in the same Mr Cahill Mr Mulock circumstances above $50,000. The new Mr Crabtree Mr Neilly Mr Day Mr O'Connefl scale of concessions proposed is consider- Mr Degen Mr Paciullo ably more generous than that now applica- Mr Durick Mr Petersen able, which ranges from a concessional duty Mr Einfeld Mr Quinn of one-half between $30,000 and $32,000 Mr Face Mr Ramsay Mr Ferguson Mr Renshaw to nine-tenths between $38,000 and $40,000. Mr Flaherty Mr Rogan Mr Gordon Mr Sheahan The bill provides for the concessional rate Mr Haigh Mr Stewart of duty to commence at one-tenth of the full Mr Hills Mr Wade rate of duty prescribed on estates between Mr M. L. Hunter Mr F. J. Walker $50,000 and $52,000 in value, rising by a Mr Jackson Mr Wran Mr Jensen further one-tenth for each $2,000 by which Mr Johnson Tellers, the estate value increases until the full rate Mr Johnstone Mr Cox of duty becomes payable at $68,000. I stress Mr Jones Mr Kearns that these are the minimum levels for ex- Question so resolved in the aflirmative. emption or concessional duty and apply Motion agreed to. where there is only one dependant in the specified categories. Bill presented and read a first time. The bill introduces a new concept which might be described as a multiple dependants STAMP DUTIES (AMENDMENT) BILL allowance. In essence, the new exemption SECOND READING level will be increased under the bill by $4,000 for each person in excess of one Mr MADDISON (Ku-ring-gai), Minister who survives the deceased and is within the of Justice, on behalf of Sir Robert Askin [9.42]: I move: specified categories of related persons. Simi- That this bill be now read a second time. larly, each of the levels within the conces- sion range will also be increased by $4,000 Considerable publicity has already been for each additional dependant. The higher given to the reasons that have prompted the Government to introduce further conces- exemption and concession levels, and the sions in the death duty field and I am sure special dependants allowance will have equal honourable members will be aware of them. application to limited interest estates. I refer honourable members to the debates Limited interest estates benefit also from the in Hansard of the last Parliament for the special relief afforded by section 1 12~where full exposition of the reasons and circum- stances prompting the introduction of this there is an exemption to $40,000 in certain bill. I therefore propose to limit this speech circumstances. This level is to be lifted to to a summary of the specific provisions $68,000. contained in the bill itself. The specific primary producers' conces- Briefly, the measures provide for an in- sion introduced in 1971 is further increased crease from $30,000 to $50,000 in the exemption which applies to New South under the bill. At present there is a reduc- Wales domiciled estates where property is tion of 30 per cent in duty on defined rural left to certain close relatives. Under these assets, which is applicable under certain provisions no death duty will be payable in conditions to estates of primary producers 60 Stamp Duties Bill IASSEMBLY] Stamp Duties Bill of up to $150,000. The bill increases this Labor's policy a person may have a home rebate to 50 per cent. An appropriate ad- valued at up to $80,000 and other assets justment is proposed in the sliding scale to the value of $30,000, a total of $110,000, now applicable to estates between $150,000 and still enjoy complete exemption from and $200,000, and the concession will apply the payment of death duties. If a family to normal and limited interest estates. The farm to the value of $100,000 is included various concessions will apply to estates of in the estate, that may be added to the persons dying on or after the date of assent. existing exemption of $30,000, making a On present indications, the loss of revenue total exemption of $130,000. could exceed $5 million in a full year but For the Government to suggest that the the effective cost in 1973-74 will be much proposals in this legislation in any way lower because executors have six months match Labor's policy is nothing short of a within which to pay the duty. confidence trick. I have no hesitation in The measures outlined will provide real saying that the policy espoused by Labor and substantial relief in a great number of prior to the last general elections will, if it estates. The concessions provided for in the is within the order of leave of this bill, be bill represent the largest absolute increases put before the Parliament as an amendment since relief was first introduced for the to the bill at the Committee stage. I appre- special class of beneficiaries involved, and ciate that there could be difficulties there for I am sure they will be warmly welcomed by the simple reason that we are dealing with all taxpayers. I commend the bill to the sectional exemption of duty. Labor's propo- House. sal, apart from the adoption of the $30,000 base exemption figure, involves the exemp- Mr MULOCK (Penrith) [9.47]: The tion of a home to the value of $80,000 or a Minister said he would not deal in detail farm to the value of $100,000. I have illus- with this bill because of the publicity already trated quite clearly the difference between given to the reasons for the measure ex- the approaches of the Government and the pounded by the Government. To summarize Opposition to this matter. The Opposition that, what he meant to say was that a con- seeks to provide real relief and not the type fidence trick has been played by the Gov- of relief that the Government is purporting ernment upon the people of New South to offer. Wales by the introduction of this bill. It was a confidence trick because this measure does Under this legislation receipts will increase not do anything to offer real relief: it does by $4 million in 1973-74 over those re- not even provide sufficient relief to match ceived for 1972-73. For the financial year the inflationary spiral that has taken place, 1972-73 there was a rise of something like particularly in real estate values which play $11 million over the previous financial year. a vital part in the assessment of estate The Government is not giving anything away values. It is a confidence trick because this when it brings forward this concession, which proposal emanated from promises made by does not match even the inflationary spiral the Opposition, which was first cab off the that is occurring. So that the record will be rank in putting forward a policy before the kept straight on this subject, I put the fol- by-elections earlier this year. Subsequently lowing figures before the House. In 1965-66 the Premier and Treasurer endeavoured to the Government collected $40,400,579; in match the Opposition's policy but failed to 1966-67 it rose to $44,992,730; in 1967-68 do so in any shape or form. it rose by a further $4 million to $48,210,- 261; in 1968-69 there was a further increase Labor's policy, repeated at the recent of $4 million to $52,157,427; in 1969-70 general elections, is that as a first step to- it rose by almost $3,300,000 to $55,459,- wards the abolition of death duties a family 969; for 1970-71 there was an increase to home valued at up to $80,000 would be $60,922,631; for 1971-72 the amsunt excluded from duty. That exemption would received dropped by $2 million to $58 mil- be in addition to the existing exemption of lion, but in 1972-73 it increased by $11 total assets to the value of $30,000. Under million to $69,786,506. As I mentioned Stamp Duties Bill [4 DEC., 19731 Gaming and Betting Bill 61 earlier this year, notwithstanding the legisla- Mr MCGINTY:A Labor government did tion was foreshadowed by the Premier and nothing for twenty years. Treasurer in his Budget Speech and, there- fore, has been taken into account, an extra Mr MULOCK: It did nothing for twenty $4 million will be received. years but it did not bring in anything like the probate revenue that the present Gov- Summarizing the figures I have giiren, for ernment has obtained. This financial year it every year except one there has been an is receiving three times the amount of increase of $4 million and the one drop of revenue compared with what a Labor gov- $2 million was followed the next year by ernment received in 1964-65. Yet the Gov- an increase of $11 million. Further, the ernment still cannot keep up. The Opposi- anticipated increase of $4 million for the tion will consider the position so far as my current year proves conclusively that the foreshadowed amendment is concerned. legislation is not the substance but the Otherwise we support what has been shadow of the suggested relief in the field screwed out of the Government by positive of death duties. It is nothing more than promises. what I described at the outset-a confidence Motion agreed to. trick on the veovleA of New South Wales. It pales into insignificance when compared Bill read a second time. with the positive policy of relief that was espoused by the Opposition at the by-elec- COMMITTEE AND ADOPTION OF REPORT tions held at the beginning of the year and Bill reported from Committee without again during the recently held general elec- amendment, and report adopted on motion tion campaign. The financial year 1972-73 was the year of the greatest yield and the by Mr Maddison. greatest slug and the additional $4 million that is anticipated for the present financial THIRD READING year represents an additional slug and is Bill read a third time, on motion by Mr window-dressing rather than real relief. Maddison. However, the Opposition welcomes any form of relief that the Government may provide. GAMING AND BETTING (POKER Mr MCGINTY:For twenty years a Labor MACHINES) AMENDMENT BILL government never did a thing. SECOND READING Mr MULOCK: Yes, and the present Mr GRIFFITH (Cronulla), Chief Secre- Government went on obtaining $4 million tary and Minister for Sport 19.591: I move: extra each year until it obtained ultimately an extra $11 million. Even now it will still That this bill be now read a second time. receive an extra $4 million over last year's As I have already intimated, the purpose of revenue in the field of death duties. The Opposition's policy is a positive one, which the bill is to give legislative effect to the provides relief when there is a home and proposals relating to poker machines an- assets totalling $110,000. As a practising nounced by the Premier and Treasurer in lawyer the Minister for Housing and Minis- the Budget. It replaces the measure dealt ter for Co-operative Societies would know with by the House prior to the recent that is the level of typical middle-range general elections. The only diierence is that estates. As far as farm properties are con- a new clause 2 has been added, which pro- cerned, the Opposition will afford exemption vides that the measure shall be deemed to when the total value of the estate is have commenced on 30th November, 1973. $130,000. If the Opposition can do so with- This will ensure that clubs may claim the in the order of leave it intends to move in concessions when submitting their returns Committee amendments necessary to cover of net revenue for the period which ended its proposals. on 30th November, 1973. 62 Gaming and Betting [ASSEhdBLY] (Poker Machines) Bill Apart from that aspect the provisions of the Premier in his policy speech the previ- the bill were debated fully when it was ous year. On that occasion the Premier, before the House previously and I do not when attempting to justify the discouraging propose to delay the House by reiterating of the 2s. poker machines made these the remarks I then made, except to say remarks: that at the introductory stage the Deputy The Liberal Party has always taken the basic Leader of the Opposition at that time made view that whilst we agree we will not encourage a comment that no explanation had been gambling, the question of whether to gamble given as to why the Government was lift- or not is a matter for the individual to decide. ing the embargo on 20c poker machines. We cannot see our way to abolish the machines because to do so would destroy The honourable member will recall that hundreds of first-class clubs whose members when the House debated this measure only could not afford steeply increased subscrip- a few weeks ago I pointed out that con- tions. siderable changes had taken place since In addition, the Government in power could 1965, especially in 'the value of a 20c coin. not replace the $6 million per annum poker machine taxation except with some new heavy On that occasion I stated that many clubs taxation. I were at a disadvantage when compared However, we will keep in close touch with with clubs that were established since 1966. the several combined club associations with a Those clubs were firmly fixed in respect of view to eliminating abuses and avoiding pro- liferation of the machines. The rate of licens- the number of 20c machines, whereas the ing new clubs will be restricted. No licences clubs that were established after 1966 had will be issued for any additional two-shilling a three-year period, without limit, in which machines. to establish the number of 20c machines. Those clubs which already have them, when As a result there were two classes of clubs. decimal currency is introduced next year, will be encouraged by licence fee concessions to I explained that fully at the time. The voluntarily change over to machines of lower whole purpose of 'the measure is to give coin denomination. relief to clubs, and to benefit smaller clubs in particular. I commend the bill to the In 1966 the self-righteous Liberal-Country House. party coalition set about limiting the num- ber of 2s. poker machines, but now in 1973 Mr FERGUSON (Merrylands), Deputy it has lost its self-righteousness and has de- Leader of the Opposition [10.1]: As I said cided to make more money from the 2042 in the previous debate on this measure, the machines by allowing more of them. Chief Secretary and I made the same speeches three years in succession. Although The Opposition generally welcomes the it was not the same Minister all the time, introduction of this measure. We want con- I was the Opposition shadow Minis- cessions to clubs, and believe 'that the de- ter on each occasion. I was interested to preciation allowance should be more than hear the Chief Secretary's reply in which the present $175 for each machine. The he mentioned the Government's decision to clubs in this State are a great financial abolish the limit on the number of 20c bonanza for the Government. Hell and machines that may be licensed. He said damnation were heaped upon the Labor Party when it proposed the licensing of that he devoted considerable time to this clubs in this State. The club movement question in the last debate, but my recollec- provides an opportunity for people through- tion is that he devoted to it only two para- out the State, especially in working-class graphs in a short speech. That is the way areas, to come together and enjoy condi- he explained away the decision of the Gov- tions and amenities that otherwise they could not afford. We in the Labor Party ernment in 1966, when it self-righteously are proud that we created these oppor- came to the Parliament and explained its tunities for people to come together in the attitude towards 20c machines. In 1966 the wonderful surroundings that are provided Chief Secretary at the time quoted, as by many clubs in this State, but we are though it were a chapter from the Bible, now concerned with some of the injunc- the announcement that had been made by tions that are being effected in relation to Gaming and Betting Bill [4 DEC., 19731 Land Development Bill 63 elections in clubs. Also, club secretaries speech. Briefly stated, the bill will abolish are continually being sacked for strange the charge levied under the land develop- and unexlslained reasons. ment contribution legislation on certain g As I said at the introductory stage, the lands in the Sydney re ion. A charge rep- bill does not give members an opportunity resenting 30 per cent of the difference in to examine the ramifications of the club value of the land in its non-urban condi- tion at 1st August, 1969, and its value movement, but I hope that In the new year when rezoned for urban use, has been this Parliament will accept its responsibility assessed on declared land as it was sold or in this area, having in mind some of the brought into development. things that are happening in licsnsed clubs. I hope that there will be a proper examina- The contribution was payable on each tion, to see whether management can be occasion that declared land was sold or tightened. At this stage I am not speaking otherwise disposed of at a higher price, and on behalf of the Opposition, but I should credit for these payments was given when like to say that I personally am net satisfied a final contribution was assessed. After the with, the management of the club move- final date, the h1contribution became pay- ment in some instances in New South able on the date on which the land was then Wales, and believe that it is not in the best sold or disposed of, or the date on which hands. We as a Parliament have a respon- consent for urban development was first sibility to look at the situation and I hope granted. As mentioned, interim contribu- that we do SO in the new year. tions paid were taken into account in the Motion agreed to. final assessment. The Government's objec- tive in introducing the land development Bill read a second time. contribution legislation was to stabilize prices of homesites. However the owners COMMITTEE AND ADOPTION OF REPORT of land released for urban development took Bill reported from Committee without advantage of what was a sellers' market and amendment, and report adopted on motion passed the charge on to purchasers and de- by Mr Griffith. velopers at increased prices. Consequently, the charge was acting as an inflationary THIRD READING element in the escalation of land prices and Bill read a third time, on motion by Mr therefore the Government felt it desirable GrifEth. to announce its abolition on 8th February, 1973. This date has been fixed as the cut- off point to liability for payment of the LAND DEVELOPMENT CONTRIBUTION charge. MANAGEMENT (AMENDMENT) BILL I should, however, like to add that among SECOND READING the additional minor consequential provi- Sir CHARLES CUTLER (Orange), sions to which I referred in my previous Deputy Premier, Minister for Local Govern- second-reading speech, it has been found necessary to expand one of the amendments, ment and Minister for Highways 1f10.81: I so as to clarify the position of a vendor move: where a contract is rescinded. I commend That this bill be now read a second time. the bill to the House. As I mentioned in my introductory speech, Mr MAHONEY (Parramatta) f10.1l] : the bill is substantially the same as that When the Land Development Contribution introduced shortly before the recent elec- Management Bill was introduced in 1970 tion. Its object is to carry into effect the the Minister spoke of the estimated popula- Government's decision in relation to the tion growth of the metropolitan area. He abolition of the land development contribu- drew attention to the escalating cost of pro- tion legislation. The full details of this mea- viding services to land, particularly of single sure are set out in my earlier second-reading blocks on which single dwellings would be 64 Land Development [ASSEMBLY] Contribution Bill erected. He placed much emphasis on the speech tonight. I shall read the salient cost to the Government in providing these points in his speech on that bill on 17th services. However, reading the Minister's March, 1970. He said: second-reading speech on that bill, I could hi^ bill deserves to be rejected because it find nothing relating to the extra cost that proposes an increase by an avoidable increment would accrue to people who bought single of $3,000 rniltion in the value of land now blocks of land, particularly young couples ~$~yn$~~~~t~~~~a~~dgi","n~",$~~~n~ building their own homes. Moreover, that thirty years. It deserves to be rejected kause measure was introduced just as hurriedly as the consequence of this increment being allowed the Government has introduced this rescind- to be added to the already excessive land costs will be detrimental to future users of the subject ing bill tonight. land because of the increased costs that they will be required to bear. Sir CHARLES CUTLER: I said last February that it would be introduced. That is exactly what happened. In another part of his speech, the honourable member Mr MAHONEY: The Minister might for wyongsaid. have said that in February but he did not It further merits rejection because developers say that he push this measure through who acquire the land for development purposes all stages in one night. The Minister has will seek to recover the tax payable by h- given new members of this House, including creasing the price of the land to the end user Government supporters, no chance of seeing who have to Pay not only the increment going to the hndowner but also the Govern- what normalyhappens when a bill is in- ment's 30 per cent. These people will be h- traduced into this House. Honourable n~em- volved in outlay for interest required to service hers have not had the opportunity of the extra finance employed in the acquisition of devoting adequate attention to the bill. Some the land- honourable members who have been in this H, ,,id also: House for many years are utterly confused rocedure The release of land at a rate faster than by the p that has gone On tonight' I hitherto will not, as the Government claims, wish to protest vehemently on behalf of the offset the tendency to increase Opposition, and particularly on behalf of new members of this House, at the way in All the things that he drew attention to have which the Government has rushed this bill come to pass. Only last week the local through tonight. The Government is fol- Press contained reports of the tremendous lowing the same procedure as it adopted increase in the price of single blocks of land when the original measure was introduced, in the metropolitan area. It was reported though it should never have been brought that single-dwelling blocks of land had been into this Parliament. It is worthy of mention sold at prices between $31,500 and $50,000. also that when the Government introduced That shows what has happened to the price that measure the Opposition drew attention of land. Those reports dealt with sales of to its weaknesses and to the obvious con- land in one area only, at Maroubra, but the sequences of introducing a tax on the in- same thing is happening all over the metro- crement in land value. It is interesting to politan area. read some of the comments made by mem- HILLS: DO nd talk about south bers of the Opposition at that time. Coogee, where land has sold for up to $60,000 a block. Mr HILLS: The honourable member for Munmorah, in particular. Mr MAHONEY: Up to $60,000 has been paid for a single block of land at South Mr MAH~~y:I intend to read some Coogee. How on earth can a young, newly of the things he said at that time, when he mamed couple, struggling to build their first represented the Wyong electorate. Though I home, afford to buy land when they are do not intend to read the whole of his forced to pay up to $50,000 or $60,000 for speech at the second-reading stage, it would one block? These are the things that the be worth reading. I read the whole of that Opposition drew attention to when the Land Development [4 DEC., 19731 Contribution Bill 65 original measure was introduced. The Oppo- completely and absolutely untrue". HOW- sition warned that its effect would be that ever, we all know that it has come to pass. the tax would be passed on to the end pur- That is the reason why the Government is chaser, the person buying the block of land now withdrawing the bill. If the Govern- on which to build a home. In his speech at ment had taken notice of what the Opposi- the second-reading stage of the Land Devel- tion said at that time, that measure would opment Contribution Management Bill, the never have been introduced. honourable member for Wyong drew atten- tion to the practice that was adopted at that Mr HILLS: When the Labor Party was in time. He said: government it refused to introduce this mea- What is going on at present? All over New sure. The same departmental officers recom- South Wales developers who have read the mended it to us but we rejected it. Sydney regional development plan are buying land in every area where they know these 200,000 acres are to be released. Mr MAHONEY: Mr Hughes said: The actual amount of increase for home As we all know, that is what has been going sites, because of the order of the release along on in every electorate. The same thing has the lines of the statement made by the Minis- happened in my electorate, particularly at ter for Local Government, will be little. Winston Hills. Developers have bought Have honourable members ever heard such huge tracts of land on the fringe of the a ridiculous statement? Quite the opposite urban area, knowing that it will soon be re- leased for urban purposes. At the time these happened. Mr Hughes said: developers purchase this land it is zoned The speech by the member for Wyong, lead- non-urban, but they know it will soon be ing for the Opposition, ignored completely one released for urban purposes. They buy up of the fundamental issues that was put forward by the Minister for Local Government when these huge areas, sit on them-and they can he clearly said that the rate of release will be sit on them for years until they are released putting into operation the law of supply and -and then they make a huge profit. That demand by making available sufficient home- is happening in all electorates. It is interest- sites to increase the competition in this field. ing to read what the Minister, the Hon. It is always the cry of the Government that Davis Hughes, said in reply to the honour- free enterprise ought to be allowed to go on able member for Wyong. and that the law of supply and demand will Sir CHARLES CUTLER: He is 12,000 miles solve all problems, that there is no need for away; why bring him into it? controls or for economic planning, as the law of supply and demand will fix every- Mr MAHONEY: He was speaking On thing. It was the Government's argument behalf of the Government and he criticized then that the law of supply and demand the member for Wyong and would fix the price of land, that it would Opposition members for what other find its own level. The level it has found is said about that measure. $50,000 or $60,000 for a single dwelling Mr HILLS: What Minister was that? block, which is beyond the capacity of the ordinary person to pay. Mr MAHONEY: Mr Hughes, who was leading for the Government on that measure. Sir CHARLES CUTLER: What ordiaary He spoke on behalf of the Government person pays $60,000 for a single dwelling after the honourable member for Wyong had block? made his speech. He criticized him and other Mr MAHONEY: No ordinary person can Opposition members for their criticism of to pay it. that bill. He said: 'The honourable member for Wyong said that the release of this land Sir CHARLES CUTLER: What ordinary will increase the price of homesites. That is person does? 5 66 Land Development [ASSE:MBLY] Contribution Bill

Mr MAHONEY: No ordinary person can Australian families. The profits are made afford to pay the ruling price for land be- when governments provide urban services cause the Government failed to do anything like roads, water supply and sewerage. The about land prices. When the Government speculators have the virtual blueprint for saw the huge profits that developers were profiteering in the Government's outlined making out of land it decided that it would plans for city growth. Mr Uren also said come in and make a little money on the that the Australian Government's authority side, that it would get some of the money would be used to stabilize the price of land that developers were making from increased which could then be acquired by land com- values of land. Now it finds that it is im- missions or their equivalent established by possible for that to continue. The Govern- the States. The price would be fair, but it ment must do something about it because would be based on the original use of the ;he price has gone too high. The only solu- land and not the value of city land. He said tion that the Government can see is to with- that this would ensure adequate supplies of draw the legislation, but it does not propose building blocks. Mr Uren said that last to do anything about the price of land. week he had introduced legislation in the What does the Minister propose to do to Australian Parliament to allocate $62 mil- control the price of land after withdrawing lion for growth centres and land commis- the legislation? There is no proposal that sions or their equivalent to buy land for the Opposition knows of that the Govern- servicing and resale to home builders at a ment has or proposes to put before the reasonable cost. Parliament in the future. Sir CHARLES CUTLER: At what rate of Sir CHARLES CUTLER: The tax has been interest is the $62 million to be available? withdrawn for nearly a year. The honour- able member is talking about something Mr MAHONEY: At a reasonable cost. that happened ten months ago. The Australian Government proposes to do something about the price of land. Mr MAHONEY: What does the Minis- . . .. ter propose to do to control the price of Sir CHARLES CUTLER: At what interest land now? Something should be done about rate? Do not evade the issue. it. The Government has been the prime operator in increasing the price of land, Mr MAHONEY: Your Government re- which has been the major factor in the cause fuses to co-operate with the Australian of inflation in New South Wales. This Gov- Government in controlling land prices. ernment has done nothing to control the price of land or to prevent prices from rising Sir CHARLES CUTLER: Does' the so-called further. The Australian Government will Australian Government intend to hit the hold a referendum next Saturday. An home seeker with an interest rate in excess affirmative vote in the referendum will give of 9 per cent? the Australian Government the power to control prices, including the price of land, Mr MAHONEY: When the bill was first the major factor in increased inflation. On introduced in 1970 the proposal put for- Sunday, 25th November, a press release dealing with the price of land was issued ward by the Opposition was that the Gov- by the Hon. T. Uren, the Minister for Urban ernment should acquire land, service and and Regional Development, who said that develop it and sell it to members of the if a successful Yes vote is given by the community at cost. community on 8th December it will let the Sir CHAR~ESC UTLER: With federal Government curb immense windfall profits Government money? Answer me. being made when land is turned from rural to urban use. He said that land hoarders Mr SPEAKER: Order! The honourable on city fringes do nothing except put build- member for Parramatta is entitled to make ing blocks beyond the reach of many young his speech uninterrupted. Land Development [4 DEC., 19731 Contribution Bill 67

Mr MAHONEY: It is a rotating fund What concerns me now is that the Gov- and it can be done. Your Government ernment is admitting that the land develop- will not do anything about purchasing- ment tax has had an inflationary effect. What does the Government propose to do Sir CHARLES CUTLER: What is a rotating when this bill passes through the House and fund? revokes the existing situation? Does it intend Mr SPEAKER: Order! For the second in some way or other to instruct landowners time I indicate that the honourable member and developers to reduce the price of their for Parramatta is entitled to be heard in land by the amount of the reduction in silence, and he will be heard in silence. taxation? Of course, no such provision is contained in the bill, and that will not hap- Mr MAHONEY: The present State Gov- pen. The inflationary trend started by the ernment will do nothing to control the imposition of this tax will remain, and not price of land. The Opposition put forward only will the developers cease to continue proposals that would have been successful. paying to the Government a sum of money The Australian Government proposes to do which they were obtaining by adding the something about land prices if next Satur- taxation to the price of their land, but also day it gets the power to control prices. in future they will retain that additional When the legislation was introduced the amount for themselves, and thus the in- Opposition drew attention to faults in it flationary spiral will continue. and the obvious problems that would flow One only has to watch how the Govern- from it. Because the results that we pointed ment itself exploits people who wish to buy to at that time have come about, we cannot land-the ordinary members of the com- oppose the bill. We offer no objection to it. munity. Surely the recent Crown land auctions in ~oithCoogee indicate how the Mr HILLS (Phillip) [10.28]: There is no Government feels towards the small home doubt that the reason why the Govern- buyer. We have seen many dejected land ment decided to revoke the legislation is seekers during the long time this Govern- that when a by-election was held in the ment has been in office. I ask again what Hawkesbury electorate this matter became the Government intends to do about de- a hot issue. The Deputy Premier, Minister velopers who have already purchased land for Local Government and Minister for and added to their costs the taxation im- Highways, on behalf of the Government, at posed under the existing legislation, and that time felt that in order to win votes it whether it will compel them to reduce the was necessary to revoke the legislation. As price of the land by the amount of the the honourable member for Parramatta has reduction in taxation. said, during the debate on the introduc- tion of this legislation it was pointed out As the honourable member for Parra- that its enactment would produce inflation- matta just said, the Government does not ary tendencies. The Government admits really mean what it says in this bill, for it that now. It is having some hindsight. It is unwilling to make an attack on the high is a pity that the Government did not take price of land. The Government merely notice of the advice that was given when wants to get itself out of a most difficult the legislation was introduced. As a former situation that it got itself into in 1970. Minister for Local Government I rejected When by-elections were held earlier this such a proposition when it was recom- year the Government found it necessary to mended to me by the officers of the depart- make promises about the matter. The last ment. I can imagine that when officers measure before the House dealt with death of departments make recommendations to duties, and a similar thing occurred with Ministers they think they are the Almighty them. When in three by-elections the Oppo- and know all the answers to all the prob- sition put forward proposals to increase the lems of administration in the various de- exemptions on the payment of death duties, partments and the Ministers refuse to use the Government rushed in, just as it is their own intellect and ability to assess the rushing in on this impost that has been situation. placed on the price of land. 68 Land Development Bill IASSEMBLY] Motor Vehicles Bill The Government has to face up to its cent. This concession was applied also to responsibilities and do something to bring any motor lorry, regardless of ownership, down the price of land by controlling it. If that was subject to the payment of road bv some mischance the referendum on the maintenance charges. control of prices is not carried next Satur- It has been traditional for successive day, the Government of New South Wales governments in this State to assist the man should stop being gutless and tell the de- on the land as far as practicable and, earlier velopers where they get off. The Govern- this year, the Government promised to in- ment should control the price of land for crease the weight tax concession from 33f the benefit, in particular, of young people per cent to 50 per cent. The increased tax in this State. concession has, in fact, been applied to new Motion agreed to. registrations and registrations due for re- newal on or after 1st October, 1973, in Bill read a second time. anticipation of Parliament's approval. The bill provides for the increased concession COMMITTEE AND ADOPTION OF REPORT and will validate the action that has been Bill reported from Committee without taken to fulfil the Government's promise. amendment, and report adopted on motion It has been customary to specify in the by Sir Charles Cutler. Motor Vehicles (Taxation) Act a maximum THIRD READING amount of weight tax applicable in respect of a tractor owned and used on public Bill read a third time, on motion by Sir roads by a primary producer in connection Charles Cutler. with his farming activity. The existing legislation provides for a maximum weight tax of $84.65. As the result of the increased MOTOR VEHICLES (TAXATION) AND concession, this maximum charge has been MOTOR VEHICLES TAXATION MANAGE- reduced to $63.50. This bill provides for the MENT (AMENDMENT) BILL Act to be amended accordingly. In the past, SECOND READING it has been the practice for rural co-opera- Mr MORRIS (Maitland) , Minister for tive societies and pastures protection boards Transport [10.37]: I move: to be granted the same tax concession as That this bill be now read a second time. primary producers in respect of the classes of vehicle mentioned. It is not proposed to First, the bill will amend the Motor Vehicles alter this practice and the increased con- (Taxation) Act of 1971 to provide for the cession will apply also to motor lorries, trac- 33f per cent registration weight tax con- tors and trailers and tractors owned by cession which now applies to lorries, trac- these organizations. tors and trailers owned by primary pro- I refer now to the provisions in the bill ducers, rural co-operative societies and which amend the Motor Vehicles Taxation pastures protection boards to be increased Management Act, 1949. Whereas the Motor to 50 per cent. Prior to 1st January, 1972, Vehicles (Taxation) Act fixes the basis for a 10 per cent tax concession was applicable assessing the tax payable in connection with to primary producers' motor lorries, tractors the registration of a motor vehicle, the Motor Vehicles Taxation Management Act and trailers, except that a 50 per cent con- deals with such aspects as the classification cession applied to those motor lorries with of vehicles for tax purposes, circumstances a carrying capacity of four tons or more, under which concessions and/ or exemptions which were subject to the payment of from weight tax and/or the tax levy may charges under the Road Maintenance (Con- be granted and similar issues. When the tribution) Act. From 1st January, 1972, latter Act was amended in December, 1971, the weight tax concession for all classes of efforts were made to cover the various con- motor lorries and tractors and trailers owned tingencies that were likely to arise from by primary producers was lixed at 334- per the simultaneous introduction of different Motor Vehicles Taxation [4 DEC.,19731 Management Bill 69 registration tax scales for business vehicles allowance is granted in respect of such and vehicles used mainly for private pur- official use. However, the allowance is not poses. However, there are so many classes calculated on the basis of the higher rates of motor vehicles and they are put to such applicable to business vehicles, and it is a wide variety of uses that, not un- not felt that it should be, in the light of expectedly, some anomalies did come to the special position of government depart- light. Rather than come back to the Parlia- ments and statutory bodies which would, ment with each case, the Government felt in the long run, be responsible for the addi- that it would be preferable and acceptable tional charge. The bill provides that to all members to deal administratively with vehicles in each of these circumstances I each issue as it arose and, after allowing have mentioned shall be regarded as vehicles a reasonable time for anomalies and the used for private purposes for assessment of like to be brought under notice and recti- registration and accordingly validates the fied, to include appropriate provisions in action that has already been taken to this one amending bill to cover the various issues end. that had come under notice. I turn now to those provisions of the The amendments to the Motor Vehicles Motor Vehicles Taxation Management Act Taxation Management Act of 1949 there- which enable certain vehicles owned by a fore are designed basically to validate action city, municipal, shire or county council to that has been taken to extend the classifica- be exempt from the payment of the tax tions of motor vehicles to which private levy and weight tax. The Act provides that rates of registration, weight tax and tax council vehicles solely engaged either in levy are applicable; to exempt certain addi- bushfire control or in road construction, tional vehicles owned by councils from the maintenance or repair are exempt from payment of such taxes and to extend the registration tax. However, no provision is power of the Commissioner for Motor made for such exemption when a vehicle is Transport to grant exemption from such used for bushfie control and road construc- taxes or partial exemption from the weight tion or maintenance purposes. This ano- tax for vehicles used for civil defence work malous situation is removed by clause 4 (b) arising from emergencies. Under the Act, (i). At the same time, provision has been a motor car, station waggon, caravan or made for any such council-owned vehicle small trailer of the type commonly used which is used also for civil defence purposes for private purposes held for resale by a to be similarly exempted. It was considered dealer would, ordinarily, be classified as a desirable, too, to extend the existing tax business vehicle if registered or re-registered exemption on bushflre fighting vehicles while in the possession of the dealer. HOW- owned by bushfie brigades or similar or- ever, as following their sale these types ganizations to such vehicles used for civil of vehicles are usually used for private defence purposes. The bill provides accord- or pleasure purposes, it was considered to ingly. be unreasonable to require that they attract The final aspect of the bill to which I the higher rate of tax and tax levy. Accord- wish to refer concerns motor vehicles that ingly, it was decided that private rates are used solely in connection with civil de- should apply only to these vehicles. fence work-that is, the work of rescue or aid of persons or the protection of property There is another situation where it was arising from some general emergency. Or- considered that the payment of business ganizations involved in this work include rates of registration, weight tax and tax certain civil defence, industrial mutual aid, levy was not warranted. This is for a vehicle and rescue groups, the activities of which I owned by a public servant or an employee shall deal with more fully in a few moments. of a statutory authority or local govern- Accordingly, where a vehicle is used upon a ment body which is used in connection with public street solely for any of the above his employment as well as for private or types of work, or is used mainly for, and is pleasure purposes. It is appreciated that an not used for any purpose not connected 70 Motor Vehicles Taxation [ASSEMBLY] Management Bill with, such work, the bill provides for the Mr COX (Auburn) [10.47]: The Opposi- Commissioner for Motor Transport to grant tion supports the bill. I do not intend to go exemption from the tax levy and weight tax, through all the matters the Minister has or partial exemption from the weight tax outlined except to say that we on this side as the circumstances may warrant. support the reduction of weight tax on pri- mary producers' vehicles from 66$ per cent Vehicles registered in the name of the to 50 per cent. We support, too, the prin- State Emergency Services and Civil Defence ciple that certain vehicles held by second- Organisation or one of its local bodies are hand dealers for sale be allowed to be already granted exemption from registration registered for private purposes. We have no charges. Those bodies represent the Crown. objection to granting exemption for council The civil defence vehicles which the com- vehicles used on road construction, main- missioner will be authorized under the tenance, or repairs, and similar activities. amendment to grant exemption from the Similarly, we have no objection to the Civil weight tax and the tax levy are those not Defence Organisation receiving concessions. regarded as Crown vehicles, including any The concessions are available at the moment such vehicle owned by and registered in the and this is simply a matter that requires name of a local government body. Indus- legislative approval. trial mutual aid groups consist of a number of industrial and commercial organizations The only point I want to raise-and I located in a particular area which join forces have raised it on previous occasions with to assist one another to determine the poten- the Minister who has said that he will look tial effects of a disaster, emergency or attack at it-concerns pensioners, especially those upon their property or personnel. They are in rural areas who use their vehicles far regarded as an important supplement to the more extensively than persons in the city civil defence effort and their activities are areas who have better access to public trans- also fully supported by the Civil Defence port. The Minister said that he would give Organisation, which considers that, in times consideration to those vehicles and also to of emergency, organized groups of this kind vehicles used primarily on a contractual would be of invaluable assistance not only basis for the cartage of gravel and so vir- to the Civil Defence Organisation, but also tually used solely by a council. For these to the police and fire services. To carry out reasons the Opposition supports the bill and their functions, the groups need vehicles, hopes that the Minister will give early con- such as fire-fighting vehicles, which are used ?ideration to the further concessions at only in emergencies and on infrequent occa- which we have asked him to look. sions for training and exercises in prepara- tion for emergencies. Mr SINGLETON (Clarence) [10.49]: On behalf of the Country Party I support the Likewise, rescue organizations are clubs bill, which will afford much needed assis- formed by volunteers who train for, and tance to primary producers in this State. I participate in, rescue work in connection point out that many of the vehicles re- with floods, land and water accidents and the like. These groups-such as the Dubbo ceiving this concession travel only few miles and the Coonabarabran rescue organizations on public roads. Much of the travelling is -also need vehicles that make limited use done on private property or on private roads of the streets for their work and also for and for this reason these vehicles are oper- training purposes. Certain surf lifesaving ated at no cost to the public purse. In my club vehicles, too, are in this category. The measures I have outlined, which have been area, and indeed throughout rural areas, implemented in anticipation of parliarnen- many four-wheel drive vehicles used in pri- tary approval, all provide a reasonable mary production are rarely used on public measure of relief to the various groups of roads. I should be glad if the Minister could people and organizations that they are de- see his way clear at some future date to signed to assist. I commend the bill to the assist pensioners in country areas who get House. no concessions from public transport. Many Motor Vehicles Bill [4 DEC., 19731 Adjournment 71 living in country areas where no other committee, headed by Judge Amsberg, the transport is available need a motor car to report of which has been tabled in the survive, and I hope that at some future House, and I hope that its recommenda- time the Minister will give consideration to tions for additions and deletions to the their plight. Crimes Act will be acted upon without de- lay. I have received many letters from con- Motion agreed to. cerned people, particularly women, in my Bill read a second time. electorate. In particular, people living in outlying parts of my electorate are concern- COMMFITEE AND ADOPTION OF REPORT ed about the protection afforded them in Bill reported from Committee without these days of rapid movement of criminals amendment, and report adopted on motion throughout the State. by Mr Morris. I hope that the Government will act to alter the legislation and at the same time THIRD READING set out more accurately for the guidance of Bill read a third time, on motion by Mr the courts the definition and partition of Morris. various crimes. There is in our community great concern at the increase in the rate of violent crime committed by escaped and ALLOCATION OF TIME FOR released convicts. People are concerned at DISCUSSION the number of crimes committed in lonely Mr WILLIS: On behalf of the Premier parts of the State. Women and girls are at I desire to give notice of business to be the mercy of the worst type of criminals dealt with under Standing Order 175~, imaginable. namely: Metropolitan Water, Sewerage, In recent months many murders, rapes, and Drainage (Amendment) Bill, all re- bombings and crimes of violence have been maining stages by 7.30 p.m., Wednesday, committed throughout New South Wales. 5th December; Hunter District Water, The rate of commission of these crimes is Sewerage and Drainage (Amendment) Bill, ever on the increase. I am in favour of the all remaining stages by 8 p.m., Wednesday, imposition of some type of most severe 5th December, and Broken Hill Water and penalty. In fact, I am in favour of the death Sewerage (Amendment) Bill, all remain- penalty but if that is not acceptable the ing stages by 8.30 p.m., Wednesday, 5th minimum penalty imposed upon criminals December. who commit major crimes should be im- prisonment with the proviso that they are ADJOURNMENT never to be released. The community should never again be at their mercy. The State PENALTIES FOR CRIMES OF VIOLENCE should not be required to keep this type of Mr WILLIS (Earlwood), Minister for criminal. The taxpayers should not be load- Education [10.54]: I move: ed with the burden of keeping parasites who That this House do now adjourn. are of no use to society. Recently in New Jersey a commission Mr SINGLETON (Clarence) [l 0.541: I made a majority recommendation for the draw the attention of the House to the need retention of capital punishment. The com- for much heavier penalties for crimes of mission recommended also that after an ab- violence. Though the Government by s.olute life sentence provision had been in strengthening the Crimes Act in 1969 did effect for a period sufficient to create a body much to toughen the laws and increase of facts and information, there should be a penalties for violent crime in this State, the thorough review of the subject of capital time has now come to implement reforms punishment to determine whether new con- and strengthen the laws again. In 1971 the clusions were appropriate. That is some- Aktorney-General set up a criminal law thing which I believe should apply also in 72 Adjournment I[ASSE.MBLY] Adjournment this State. With the advent of better edu- that amending legislation will be introduced cation in our community we have seen a to double that amount, bringing it to $4,000. rapid increase in major crime. We have seen At today's charges compensation of $4,000 also a rapid increase in the number of would barely pay hospital and medical ex- escapes from detention. No doubt this in- penses incurred by victims of violent crime. creased incidence of escapes from detention I reiterate that many violent crimes of has brought about an incentive for the com- murder, rape and the like are committed mission of further crime with a lessening by released or escaped criminals. I suggest of liability for punishment. On the subject that the Government should consider hold- of punishment Lord Justice Denning is re- ing a referendum to determine the people's ported as having said: views in. regard to the re-introduction of the The punishment inflicted for grave crimes death penalty for violent murder. I believe should adequately reflect the revulsion felt by that the wheel of public opinion turns con- the great majority of citizens for them. It is a mistake to consider the objects of punishment tinually. I believe also that in Australia and as being deterrent or reformative or preventive particularly in New South Wales the wheel and nothing else . . . The ultimate justification has already turned and the public has be- of any punishment is not that it is a deterrent, come aware that no good purpose is served but that it is the emphatic denunciation by the community of a crime: and from this point of by dealing leniently with the worst type of view, there are some murders which, in the criminals where their guilt has been proven present state of public opinion, demand the beyond doubt. most emphatic denunciation of all, namely the death penalty. A government's basic duty is to make New South Wales a better place in which to What Lord Denning said on that occasion live. I know a lot of people live in isolated still applies. On the same subject of punish- parts of Australia and New South Wales. ment, almost one hundred years ago Sir People can be equally isolated in city areas. James Fitzjames Stephen said: One reads almost daily of violent crimes. I have been most disturbed by the number No other punishment deters men so effec- of letters that I have received from citizens, tually from committing crimes as the punish- ment of death. This is one of those proposi- particularly women who are concerned tions which it is difficult to prove, simply be- about their rights and their ability to protect cause they are in themselves more obvious than themselves in the situation that has develop- any proof can make them. It is possible to display ingenuity in arguing against it, but that ed in our community. I believe it is the is all. The whole experience of mankind is in Government's responsibility to ensure that the other direction. The threat of instant death New South Wales is a safe place for all its is the one to which resort has aIways been citizens to go about their daily business. made when there was an absolute necessity for producing some result . . . No one goes to Mr ~McCAW (Lane Cove), Attorney- certain inevitable death except by compulsion. Put the matter the other way. Was there ever General [l 1. l]: The honourable member yet a criminal who, when sentenced to death for Clarence is saying the same thing as and brought out to die, would refuse the offer hundreds of thousands of people in this of a commutation of his sentence for the severest secondary punishment? Surely not. community today are thinking. Every Why is this? It can only be because "All that thoughtful person must be concerned at the a man has will he give for his life". In any secondary punishment, however terrible, there is rising volume of violent crime. However, it hope; but death is death; its terrors cannot be is not a phenomenon peculiar to *NewSouth described more forcibly. Wales; it is a worldwide problem. That Although those words were uttered almost is not to say that government here and one hundred years ago they, too, apply elsewhere should not be attempting to tackle equally today. New South Wales was the it. The Government has been doing what first State to introduce legislation providing it can to tackle it. This afternoon a petition compensation for victims of violent crime. signed by more than a thousand people, if The original legislation allowed a maximum I remember correctly, was presented to this payment of $2,000. I was pleased to learn Chamber asking for the return of the death Adjournment [4 DEC., 19731 Adjournment 73 penalty, which was abolished in New South Liberties and Crown prosecutors, with a Wales in 1955 when the Hon. W. F. Sheahan view to overhauling the Crimes Act. This is was Attorney-General. From the Opposition one of the longest Acts on the statute book benches I supported that move. of this State and has never been thoroughly Crimes of violence are frequently commit- reviewed since it became law in 1900. ted in passion when the killer turns the wea- The Amsberg committee made its report pon upon himself or herself; or they are committed deliberately so that the meshes and on 27th September last I tabled it in of the law are to be avoided. Perhaps even the House. I have taken to Cabinet pro- fourteen days hard labour would have pre- posals for a review of the Crimes Act, and vented that entire crime if the criminal had Cabinet has approved of them. I have taken known that he or she would be caught. the proposals to the joint Government Nowhere in the world has it yet been estab- lished that the death penalty is a deterrent parties' meetings quite recently, and a com- to violent crime. Nevertheless, there is a mittee was set up, I am grateful to say, to widespread movement here and elsewhere have a look at some of the detail. I hope for its restoration. The task that a judge that when this session of the House resumes faces in sentencing those charged with after this brief part of it, I shall have the crimes is a heavy one. They know, as most honourable members know, that historically privilege of bringing into the House a bill the purpose of punishment has been three- to review the Crimes Act. fold: first, to deter not only the accused in May I mention two aspects of the mat- the dock but oihers from committing a simi- ters raised by the honourable member for lar crime. Second, in more enlightened times the purpose has been to reform the Clarence. The police of this State-too few prisoner in the dock. Third, in times now in number but vastly greater in number than long distant in history, there was an element when we came to office-are handicapped of retribution. Those who today call for by a number of considerations. First, when heavier penalties are seeking-and one can- in days long past the standard of educa- not blame them-retribution in the belief tion was not what it is today, the law that they will deter. If the Government properly protected ignorant, ill-educated can be satisfied that this would be so, serious people against police. They were not consideration must be given to the last and obliged to answer questions that might in- greatest of all penalties. However, no penolo- criminate them, and no adverse deduction gist, criminologist or scientist concerned with could be drawn from refusal to do so. In this problem-and there are many-has yet those days they were not permitted to give been satisfied that it does deter. evidence on their own behalf, and the Much has been done since the present courts, in fairness, when accused persons Government in New South Wales came could not give evidence from the witness to office. Heavier penalties have been pro- box, allowed them to make an unsworn vided for crimes committed while armed statement from the dock which was not and in company. As the honourable member capable of being tested by cross-examina- for Clarence acknowledged, prior to the tion, but was capable of being used to criti- 1971 general elections the Premier and cize, condemn and destroy police and other Treasurer promised a review of the Crown witnesses prosecuting crime. It is criminal law. Pursuant to that promise, a time that an uncontested statement made committee was set up under the chairman- from the dock was abolished, as it has been ship of former Judge Amsberg, Q.C., with in New Zealand, subject to safeguards. That the aid of representation from police, public is one of the matters upon which the Ams- defenders, the bar, the Council for Civil berg committee has reported. 74 Adjournment ![AsSEMBLY] Sessional Committees

Frequently the defence relies upon a pre- Mr McPherson, Mr Serisier, Sir Edward War- viously unannounced alibi. In England this ren and the Mover, with leave to sit during any situation has been corrected, and I think it adjournment, and authority to confer upon subjects of mutual concernment with any should be here. Particulars of any alibi Committee appointed for similar purposes by should be given in advance and if, when the Legislative Assembly. checked, the police find it is demonstrably capable of proof, the prosecution can be LIBRARY dropped. If it cannot, at least it can be tested in the light of knowledge and the Motion (by the Hon. J. B. M. Fuller) Crown not caught by surprise. By this agreed to: means I believe greater justice can be done. That the Library Committee of this House In those, and several other ways recom- for the present Session consist of the following mended by the committee, I believe that Members, viz.-The President, Dr Bryon-Faes, Mr J. E. Cahill, Major-General Eskell, Mr the Government is doing much, and will Gardiner, Mr Hallam, Mr Pratten, Mrs Roper, do more, to tackle the really horrifying Mrs Rygate and Mr Solomons, with leave to problem with which the honourable member sit during any adjournment, and authority to for Clarence has dealt in his speech on the act jointly with the Library Committee of the adjournment tonight. Legislative Assembly.

Motion agreed to. PRINTING House adjourned at 11.9 p.m. Motion (by the Hon. J. B. M. Fuller) agreed to: That the Printing Committee for the present Session consist of the following Members, viz. -Mrs Anderson, Mr Bowen, Mrs Davis, Dr Freeman, Mrs Furley, Major Humphries, Mr Wednesday, 5 December, I973 Manyweathers, Mr North, Mr Peters and Mrs Roper, with the following duties and powers, and to whom shall be referred all Petitions Sessional Committees-Sessional Orders-Committee of Subordinate Legislation-Chairman of Committees presented to the House, and all Papers laid -Australian Constitutional Convention-Temporary upon the Table. It shall be the duty of such Chairman of Committees-Stam~ Duties (Amend- ment) B111 (first and secon& Gadi&)x~~&r Committee to report from time to time which of Veh~cles (Taxation) and Motor Vehicles Taxation Management (Amendment) Bill (first and second the Petitions and Papers referred to them ought, reading)--Gaming and Betting (Poker Machines) in their opinion, to be printed, and whether in Amendment Bili (first and- second reading)- Land Development Contribution Management full or in abstract; and it shall be in the power (Amendment) Bill (first reading)--questions without Notice-Metropolitan Water, Sewerage, and of the Committee to order such Petitions or Drainage (Amendment) Bill (first and second Papers, or abstracts thereof, to be prepared for reading)-Hunter District Water Sewerage and Drainage (Amendment) Bill (drst and second the Printer by the Clerk in attendance upon reading)-Broken Hill Water and Severage (Amendment) Bill (first and second reading)- such Committee and such Papers or abstracts Local Govemment (Regulation of Flats) Amend- shall be printed, unless the House otherwise ment Bill (first reading)-Local Govemment (Amendment) Bill (first reading). order.

HOUSE The PRESIDENT took the chair at 4.30 p.m. Motion (by the Hon. J. B. M. Fuller) The Prayer was read. agreed to: That the House Committee for the present SESSIONAL COMMITTEES Session consist of the following Members, viz. STANDING ORDERS -The President, Mr Erskine, Mr Falkiner, Mr Motion (by the Hon. J. B. M. Fuller) Geraght~,Mr he ale^, Mr Manyweathers, Mr agreed to: Murray, Mrs Press, Mrs Roper and Mr Thom, with leave to sit during any adjournment, and That the Standing Orders Committee for the present session consist of the following authority to act in matters of mutual concern- bers, viz.-The President, Dr Byron-Faes, Mr ment with any Committee appointed for similar Ducker, Mr Hewitt, Mr Landa, Mr McKay, purposes by the Legislative Assembly.