Parliamentary Debates (HANSARD) THIRTY-NINTH PARLIAMENT FIRST SESSION 2013 LEGISLATIVE COUNCIL Wednesday, 22 May 2013 Legislative Council Wednesday, 22 May 2013 _________ The Legislative Council met at 11.00 am. The Commissioner, Mr Malcolm Peacock, entered the chamber to administer to members the Oath of Allegiance to Her Majesty, or the affirmation required by law, and was conducted to the chair. The Commissioner welcomed members and their guests, outlined proceedings and called upon the Deputy Clerk to announce the return of writs. MEMBERS OF THE LEGISLATIVE COUNCIL Swearing-in The Deputy Clerk announced the return of writs for the election of members at the general election held on 9 March 2013, showing that the following had been duly elected — North Metropolitan Region Peter Collier Ken Travers Michael Mischin Ljiljanna Ravlich Liz Behjat Peter Katsambanis South West Region Robyn McSweeney Sally Talbot Barry House Adele Farina Nigel Hallett Colin Holt South Metropolitan Region Simon O’Brien Sue Ellery Nick Goiran Kate Doust Phil Edman Lynn MacLaren East Metropolitan Region Helen Morton Alanna Clohesy Donna Faragher Samantha Rowe Alyssa Hayden Amber-Jade Sanderson Agricultural Region Jim Chown Martin Aldridge Darren West Brian Ellis Paul Brown Rick Mazza Mining and Pastoral Region Ken Baston Jacqui Boydell Stephen Dawson Mark Lewis Robin Chapple Dave Grills Members took and subscribed the Oath of Allegiance, or made and subscribed the affirmation required by law, and signed the Roll. 894 [COUNCIL — Wednesday, 22 May 2013] ELECTION OF PRESIDENT The Clerk reported that the office of President was vacant and called for nominations. HON PETER COLLIER (North Metropolitan — Leader of the House) [11.32 am]: without notice — I move — That Hon Barry House do take the chair in the Council as President. HON SUE ELLERY (South Metropolitan — Leader of the Opposition) [11.32 am]: I second the motion. HON BARRY HOUSE (South West) [11.32 am]: Mr Clerk, I submit to the will of the house. [There being no other nomination, Hon Barry House was declared elected as President, and was conducted to the chair by the mover and seconder of the motion.] [Applause.] THE PRESIDENT (Hon Barry House): Members, I first thank you very much for extending your confidence in me to re-elect me as President for the next four years. It is a great honour and privilege to perform this role for the Legislative Council. Having learnt the ropes, I guess, in the last four years, I look forward enormously to the next four years of this Legislative Council and the role it will play in the thirty-ninth Parliament of Western Australia. I want to briefly summarise four things that I will set as goals for this four-year period. Firstly, to maintain the orderly and effective conduct of business in the Legislative Council so that we play our important role in the parliamentary democracy of Western Australia. Secondly, to ensure fair and equitable treatment and opportunities for all members. Thirdly, to improve and build on the professional development opportunities for members and staff so that we function effectively as a house of review and so that individual members operate as parliamentarians representing the community and this institution in a positive and constructive way. Fourthly, to work with the Speaker as joint administrators of the Parliament, akin to the relationship that ministers have with their departments, to convince the government and the community to improve the symbolic, educational and physical links between Parliament, the City of Perth and the Western Australian people. Thank you for electing me as your President for another four years. I look forward to the challenges and opportunities that await us all. Thank you very much. [Applause.] PRESENTATION OF PRESIDENT HON PETER COLLIER (North Metropolitan — Leader of the House) [11.35 am]: without notice — I move — That His Excellency the Governor will be pleased to receive the President at the suspension of the sitting day at Government House together with such members as desire to accompany him. Question put and passed. Sitting suspended from 11.36 am to 2.00 pm THE PRESIDENT (Hon Barry House) resumed the chair at 2.00 pm, and read prayers. GOVERNOR’S LETTER THE PRESIDENT (Hon Barry House): Members, I have a letter from the Governor, which states — Hon Barry House MLC President of the Legislative Council Parliament House PERTH WA 6000 Mr President It is with much pleasure that I learn that you have been elected by the Members of the Legislative Council to the high and honourable office of President of the House. I congratulate you upon your election and have every confidence you will fill the office in a worthy and dignified manner. I recognise and I shall respect the Legislative Council’s undoubted rights and privileges. Yours sincerely Malcolm McCusker GOVERNOR [COUNCIL — Wednesday, 22 May 2013] 895 PRESIDENT’S COMMISSION THE PRESIDENT (Hon Barry House): I inform members that I visited the Governor at Government House, together with several other members and staff, to present myself to him and obtain his commission for the role. Once again, thank you very much, members, for the faith that you have shown in me. I hope I can meet all of your expectations. CHAIR OF COMMITTEES Election THE PRESIDENT (Hon Barry House): Honourable members, the office of Chair of Committees is vacant. I now call for nominations for the vacancy. HON SUE ELLERY (South Metropolitan — Leader of the Opposition) [2.03 pm] — without notice: I move — That Hon Adele Farina be elected Chair of Committees. The PRESIDENT: Is there a seconder? HON PETER COLLIER (North Metropolitan — Leader of the House) [2.03 pm]: I second the motion. The PRESIDENT: Is Hon Adele Farina willing to accept the nomination? HON ADELE FARINA (South West) [2.03 pm]: Yes, I submit myself to the will of the house. The PRESIDENT: Are there any further nominations? There being no further nominations, I have great pleasure in declaring Hon Adele Farina elected as Chair of Committees. [Applause.] The PRESIDENT: Congratulations. MINE SITE REMEDIATION — AUDITOR GENERAL’S REPORT Petition HON ROBIN CHAPPLE (Mining and Pastoral) [2.04 pm]: I present a petition containing two signatures, couched in the following terms — To the President and Members of the Legislative Council of the Parliament of Western Australia in Parliament assembled. The Auditor General’s report entitled ‘Ensuring Compliance with Conditions on Mining’ and tabled in September 2011 indicated that the State Government (in particular the Department Mines & Petroleum) had grossly inadequate systems for monitoring the environmental outcomes of mining and for ensuring compliance with approval conditions Little is therefore known about the condition of the mined lands in this State and consequently of the exposure of the environment and the taxpayer to legacy issues associated with abandoned and inadequately remediated mine sites. We the undersigned residents of Western Australia respectfully request that the Legislative Council of Western Australia conducts an open inquiry into the accruing mining legacy in this State giving particular consideration to 1. The level of transparency with respect to the environmental outcomes of mining on public lands; 2. The adequacy of the environmental standards being set for mine rehabilitation and remediation; 3. The environmental outcomes of mine closures to date; 4. The adequacy of the regulatory framework for protecting the public interest with respect to the environmental legacy of mining including the bond system; and 5. Current community perceptions and expectations with respect to mine closure outcomes. And your petitioners as in duty bound, will ever pray. [See paper 274.] The PRESIDENT: Are there any statements by ministers and parliamentary secretaries? Members, I will extend that invitation to the new Chair of Committees, if the new Chair of Committees wants to make a short statement following her election. It was remiss of me not to formally welcome to the first formal sitting all the new members of the Legislative Council for the thirty-ninth Parliament. Members: Hear, hear! 896 [COUNCIL — Wednesday, 22 May 2013] LEGISLATIVE COUNCIL COMMITTEES — MEMBERSHIP Motion On motion without notice by Hon Peter Collier (Leader of the House), resolved — (1) That the following members be appointed Deputy Chairs of Committees: Hon Brian Ellis, Hon Liz Behjat, Hon Simon O’Brien, Hon Alanna Clohesy and Hon Stephen Dawson. (2) That the following members be appointed as members to the Standing Committee on Environment and Public Affairs: Hon Simon O’Brien, Hon Stephen Dawson, Hon Brian Ellis, Hon Paul Brown, Hon Samantha Rowe; and the chair to be Hon Simon O’Brien and the deputy chair Hon Stephen Dawson. (3) That the following members be appointed as members to the Standing Committee on Legislation: Hon Robyn McSweeney, Hon Sally Talbot, Hon Donna Faragher, Hon Dave Grills, Hon Lynn MacLaren; and the chair to be Hon Robyn McSweeney and the deputy chair Hon Sally Talbot. (4) That the following members be appointed as members to the Standing Committee on Public Administration: Hon Liz Behjat, Hon Darren West, Hon Nigel Hallett, Hon Jacqui Boydell, Hon Amber-Jade Sanderson; and the chair to be Hon Liz Behjat and the deputy chair Hon Darren West. (5) That the following members be appointed as members to the Standing Committee on Estimates and Financial Operations: Hon Ken Travers, Hon Peter Katsambanis, Hon Martin Aldridge, Hon Alanna Clohesy, Hon Rick Mazza; and the chair to be Hon Ken Travers and the deputy chair Hon Peter Katsambanis. (6) That the following members be appointed as members to the Standing Committee on Uniform Legislation and Statutes Review: Hon Kate Doust, Hon Brian Ellis, Hon Mark Lewis, Hon Amber-Jade Sanderson; and the chair to be Hon Kate Doust and the deputy chair Hon Brian Ellis.