1801
LEGISLATIVE COUNCIL
MINUTES OF PROCEEDINGS
No. 117
TUESDAY 8 AUGUST 2017
Contents
1 Meeting of the House ...... 1803 2 Assent to Bills ...... 1803 3 Assumption of the Administration of the Government by the Lieutenant-Governor ...... 1803 4 Re-assumption of the Administration of the Government by the Governor ...... 1803 5 Resignation of the Honourable Duncan Gay MLC ...... 1804 6 Vacant Seat in the Legislative Council—Joint Sitting ...... 1804 7 Messages from the Legislative Assembly ...... 1805 (1) Justice Legislation Amendment Bill 2017 ...... 1805 (2) State Revenue and Other Legislation Amendment (Budget Measures) Bill 2017 ...... 1805 8 Statement by President—Centenary of the First World War ...... 1805 9 Inspector of Custodial Services—Report ...... 1806 10 Inspector of the Independent Commission Against Corruption—Report ...... 1806 11 Ombudsman—Report ...... 1806 12 NSW Child Death Review Team—Report...... 1806 13 Independent Commission Against Corruption—Reports ...... 1806 14 Mental Health Commission—Report ...... 1807 15 Statement by President—Presiding Officers and Clerks Conference ...... 1807 16 20th anniversary of the Portuguese Ethnographic Museum of Australia (Formal Business) ...... 1807 17 Second anniversary of the Indian Support Center (Formal Business) ...... 1808 18 Greater Western Sydney Netball Team (Formal Business) ...... 1808 19 Third anniversary of the International Day of Yoga (Formal Business) ...... 1809 20 Passing of Mrs Vera Wiltshire OAM (Formal Business) ...... 1810 21 Fifth Annual Serbian Festival of Sydney (Formal Business) ...... 1810 22 Independence Day of Greece (Formal Business) ...... 1811 23 Future Movement Sydney Chapter Ramadan Iftar Dinner 2017 (Formal Business) ...... 1812 24 Dr Reena Mehta (Formal Business) ...... 1813 25 350th Birth Anniversary Celebration of Sri Guru Gobind Singh Ji and Festival of Vaisakhi Celebration (Formal Business) ...... 1814 26 Indo-Australian Bal Bharathi Vidyalaya Hindi School Inc dinner (Formal Business)...... 1815 27 Printing of Tabled Papers ...... 1816 28 Legislation Review Committee—Report ...... 1816 29 Papers—Presented to Parliament out of Session ...... 1816
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30 Statutory Rules and Instruments—Tabled by the Clerk ...... 1817 31 Auditor-General—Report...... 1820 32 Legislation Review Committee—Report ...... 1820 33 Returns to Orders ...... 1820 (1) 2017-2018 Budget ...... 1820 (2) 2017-2018 Budget finances ...... 1820 34 Petition—Minister’s Response ...... 1820 35 Notices of Motions ...... 1820 36 Correspondence relating to Report of Expert Panel on Political Donations ...... 1820 37 Portfolio Committees—Membership ...... 1821 38 Committee on the Health Care Complaints Commission—Membership ...... 1821 39 Answers to Questions Without Notice ...... 1821 40 Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission—Membership ...... 1821 41 Suspension of Standing and Sessional Orders—Environmental Planning and Assessment Amendment (Waste Incinerator Facilities – Residential Exclusion Zones) Bill ...... 1822 42 Justice Legislation Amendment Bill 2017 ...... 1823 43 Questions ...... 1823 44 General Purpose Standing Committee No. 2—Take Note of Report ...... 1823 45 Select Committee on Off-Protocol Prescribing of Chemotherapy in New South Wales—Take Note of Report ...... 1823 46 Justice Legislation Amendment Bill 2017 ...... 1823 47 Messages from the Legislative Assembly ...... 1824 (1) Environmental Planning and Assessment Amendment (Staged Development Applications) Bill 2017 ...... 1824 (2) Coal Mine Subsidence Compensation Bill 2017 ...... 1824 48 Environmental Planning and Assessment Amendment (Staged Development Applications) Bill 2017 ...... 1824 49 Coal Mine Subsidence Compensation Bill 2017 ...... 1825 50 Message from the Legislative Assembly—Transport Legislation Amendment (Automated Vehicle Trials and Innovation) Bill 2017 ...... 1828 51 Adjournment ...... 1828 52 Attendance ...... 1828
1803 Legislative Council Minutes No. 117—Tuesday 8 August 2017
1 MEETING OF THE HOUSE
The House met at 2.30 pm according to adjournment. The President took the Chair and read the prayers.
The President acknowledged the Gadigal clan of the Eora nation and its elders and thanked them for their custodianship of this land.
2 ASSENT TO BILLS
The President reported receipt of messages from His Excellency the Governor intimating assent to the following bills:
Act No. 27 June 2017 2017
Electronic Transactions Legislation Amendment (Government Transactions) Bill 2017 ...... 25 Firearms and Weapons Legislation Amendment Bill 2017 ...... 26 Mining and Petroleum Legislation Amendment Bill 2017 ...... 27 Home Building Amendment (Compensation Reform) Bill 2017 ...... 28 Crimes Amendment (Intimate Images) Bill 2017 ...... 29 Appropriation Bill 2017 ...... 30 Appropriation (Parliament) Bill 2017 ...... 31 Emergency Services Levy Bill 2017 ...... 32 State Revenue and Other Legislation Amendment (Budget Measures) Bill 2017 ...... 33 Transport Administration Amendment (Closure of Railway Line Between Rosewood and Tumbarumba) Bill 2017 ...... 34
3 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE LIEUTENANT-GOVERNOR
The President reported receipt of the following message from The Honourable Thomas Frederick Bathurst AC, Lieutenant-Governor:
GOVERNMENT HOUSE SYDNEY
T Bathurst LIEUTENANT-GOVERNOR
The Honourable Thomas Frederick Bathurst AC, Lieutenant-Governor of the State of New South Wales, has the honour to inform the Legislative Council that, consequent on the Governor of New South Wales, His Excellency General The Honourable David Hurley AC DSC (Ret’d), being absent from the State, he has assumed the administration of the Government of the State.
Saturday, 1 July 2017
4 RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE GOVERNOR
The President reported receipt of the following message from His Excellency the Governor:
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GOVERNMENT HOUSE SYDNEY
David Hurley GOVERNOR
General David Hurley AC DSC (Ret’d), Governor of New South Wales has the honour to inform the Legislative Council that he has re-assumed the administration of the Government of the State.
Sunday, 23 July 2017
5 RESIGNATION OF THE HONOURABLE DUNCAN GAY MLC
The President reported receipt of the following communication from His Excellency the Governor, advising of the resignation of the Honourable Duncan Gay MLC on 31 July 2017:
GOVERNMENT HOUSE SYDNEY
Monday, 31 July 2017
The Honourable John Ajaka MLC President of the Legislative Council Parliament House Macquarie Street SYDNEY NSW 2000
Dear President,
I have the honour to inform you that I have received a letter dated 31 July 2017 from The Honourable Duncan Gay MLC tendering his resignation as a Member of the Legislative Council of New South Wales, effective immediately.
The Official Secretary to the Governor has acknowledged receipt of the letter from Mr Gay, on my behalf, and has informed him that you have been advised of his resignation.
Yours sincerely
General the Honourable David Hurley AC DSC (Ret’d) Governor of New South Wales
The President informed the House that the Governor’s communication had been acknowledged and an entry regarding the resignation of Mr Gay made in the Register of Members of the Legislative Council.
6 VACANT SEAT IN THE LEGISLATIVE COUNCIL—JOINT SITTING
The President reported receipt of the following message from His Excellency the Governor:
David Hurley GOVERNOR
MESSAGE
I, General The Honourable DAVID HURLEY AC DSC (Ret’d), in pursuance of the power and authority vested in me as Governor of the State of New South Wales, do hereby convene a joint sitting of the Members of the Legislative Council and the Legislative Assembly for the purpose of the election of a
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person to fill the seat in the Legislative Council vacated by Mr Duncan Gay, and I do hereby announce and declare that such Members shall assemble for such purpose on Wednesday the 9th day of August 2017 at 3:45pm in the building known as the Legislative Council Chamber situated in Macquarie Street in the City of Sydney; and the Members of the Legislative Council and the Members of the Legislative Assembly are hereby required to give their attendance at the said time and place accordingly.
In order that the Members of both Houses of Parliament may be duly informed of the convening of the joint sitting, I have this day addressed a like message to the Speaker of the Legislative Assembly.
Government House Sydney, 2 August 2017
7 MESSAGES FROM THE LEGISLATIVE ASSEMBLY
The President reported receipt of the following message from the Legislative Assembly:
(1) Justice Legislation Amendment Bill 2017
Mr PRESIDENT
The Legislative Assembly having this day passed a Bill with the long title “An Act to amend various Acts relating to courts and crimes and other related matters” presents the bill to the Legislative Council for its concurrence.
Legislative Assembly SHELLEY HANCOCK 2 August 2017 Speaker
Bill, on motion of Mr Harwin, read a first time and ordered to be printed.
Mr Harwin moved, according to sessional order: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House.
Question put and passed.
Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.
The President further reported receipt of the following message from the Legislative Assembly:
(2) State Revenue and Other Legislation Amendment (Budget Measures) Bill 2017
Mr PRESIDENT
The Legislative Assembly has this day agreed to the amendment made by the Legislative Council in the Bill with the long title “An Act to amend State revenue and other legislation in connection with the State budget for the 2017-2018 financial year and for other purposes”.
Legislative Assembly SHELLEY HANCOCK 22 June 2017 Speaker
8 STATEMENT BY PRESIDENT—CENTENARY OF THE FIRST WORLD WAR
The President made a statement marking the contribution of four army nurses awarded the Military Medal during the First World War.
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9 INSPECTOR OF CUSTODIAL SERVICES—REPORT
The President, according to the Inspector of Custodial Services Act 2012, tabled a report of the Inspector of Custodial Services entitled “Prison Greens: The clothing and bedding of inmates in NSW”, dated June 2017, received out of session and authorised to be made public on 29 June 2017.
Ordered, on motion of Mr Harwin: That the report be printed.
10 INSPECTOR OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION—REPORT
The President, according to the Independent Commission Against Corruption Act 1988, tabled a report of the Acting Inspector of the Independent Commission Against Corruption entitled “Report Pursuant to Sections 57B and 77A Independent Commission Against Corruption Act 1988: Operation “Vesta”: Andrew Kelly, Charif Kazal and Jamie Brown Complaints”, dated June 2017, including an erratum, received out of session and authorised to be made public on 29 June 2017.
Ordered, on motion of Mr Harwin: That the report be printed.
11 OMBUDSMAN—REPORT
The President, according to the Community Services (Complaints, Reviews and Monitoring) Act 1993 and the Ombudsman Act 1974, tabled a report of the Acting Ombudsman entitled “Report of Reviewable Deaths in 2014 and 2015—Child Deaths: Volume 1”, dated June 2017, received out of session and authorised to be made public on 29 June 2017.
Ordered, on motion of Mr Harwin: That the report be printed.
12 NSW CHILD DEATH REVIEW TEAM—REPORT
The President, according to the Community Services (Complaints, Reviews and Monitoring) Act 1993, tabled a report of the NSW Child Death Review Team entitled “Reporting of fatal neglect in NSW”, dated May 2016, received out of session and authorised to be made public on 29 June 2017.
Ordered, on motion of Mr Harwin: That the report be printed.
13 INDEPENDENT COMMISSION AGAINST CORRUPTION—REPORTS
The President, according to the Independent Commission Against Corruption Act 1998, tabled the following reports of the Independent Commission Against Corruption:
(1) Report entitled “Investigation into the conduct of the former City of Botany Bay Council chief financial officer and others”, dated July 2017, received out of session and authorised to be made public on 26 July 2017.
(2) Report entitled “Investigation into the conduct of a former NSW Department of Justice officer and others”, dated August 2017, received out of session and authorised to be made public on 3 August 2017.
(3) Report entitled “Investigation into dealings between Australian Water Holdings Pty Ltd and Sydney Water Corporation and related matters”, dated August 2017, received out of session and authorised to be made public on 3 August 2017.
Ordered, on motion of Mr Harwin: That the reports be printed.
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14 MENTAL HEALTH COMMISSION—REPORT
The President, according to the Mental Health Commission Act 2012, tabled a report of the Mental Health Commission entitled “Towards a just system—Mental illness and cognitive impairment in the criminal justice system: Directions for action”, dated July 2017, received out of session and authorised to be made public on 26 July 2017.
Ordered, on motion of Mr Harwin: That the report be printed.
15 STATEMENT BY PRESIDENT—PRESIDING OFFICERS AND CLERKS CONFERENCE
The President made a statement concerning the 48th Presiding Officers and Clerks Conference, held at the Parliament of New South Wales during the week of 2-7 July 2017.
16 20TH ANNIVERSARY OF THE PORTUGUESE ETHNOGRAPHIC MUSEUM OF AUSTRALIA (Formal Business)
Mrs Maclaren-Jones (on behalf of Mr Clarke) moved, according to notice:
1. That this House notes that:
(a) on Saturday 17 June 2017, at the Albert Palais Function Centre Leichhardt, the President Mrs Cidalia Redeiro and Executive of the Portuguese Ethnographic Museum of Australia located in Camperdown, hosted a celebratory dinner attended by several hundred members and friends of the Portuguese-Australian community to mark the 20th anniversary of the founding of the Museum,
(b) those who attended as guests included: (i) the Consul-General for Portugal in Sydney Dr Paulo Guedes Domingues and Mrs Domingues, (ii) the Honourable David Clarke MLC, Parliamentary Secretary for Justice representing the Honourable Ray Williams MP, Minister for Multiculturalism and Minister for Disability Services and Mrs Marisa Clarke, (iii) Mr Barry Cotter, former Mayor of Marrickville Council, (iv) Ms Susanna Teixeira Pinto, Coordinator of Portuguese language classes in Australia, (v) representatives of various Portuguese-Australian community organisations,
(c) the Portuguese Ethnographic Museum of Australia was opened on 10 June 1997 to promote Portuguese history, culture and traditions and is run by volunteers from the Portuguese- Australian community, and
(d) the Executive of the Museum comprises: (i) Mrs Cidalia Rendairo, President, (ii) Mr Acacio Antunes, Vice-President, (iii) Mrs Alizira Martins, Secretary, (iv) Mr Tony Martins, Treasurer, (v) Ms Jacqueline Jacinto, Director, (vi) Mr Adelio Cabrita, Director, (vii) Ms Maria Joao Lima, Director, (viii) Ms Margarida Alves, Director.
2. That this House:
(a) congratulates the Portuguese Ethnographic Museum of Australia on the occasion of the 20th anniversary of its foundation which occurred on 10 June 1997, and
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(b) commends the Executive Committee of the Museum and its many volunteers from the Portuguese-Australian community for their fine efforts in helping to make the Museum the outstanding success it is.
Question put and passed.
17 SECOND ANNIVERSARY OF THE INDIAN SUPPORT CENTER (Formal Business)
Mrs Maclaren-Jones (on behalf of Mr Clarke) moved, according to notice:
1. That this House notes that:
(a) on Sunday 4 June 2017, the Indian Support Center under its President Mr Subba Rao Varigonda celebrated its second anniversary with a fundraiser event at the Parramatta Town Hall, attended by several hundred members and friends of the Indian-Australian community,
(b) those who attended as special guests included: (i) Mr S.K. Verma, Consul of India in Sydney, (ii) the Honourable David Clarke MLC, Parliamentary Secretary for Justice representing the Honourable Gladys Berejiklian MP, Premier, and Mrs Marisa Clarke, (iii) Dr Hugh McDermott MP, member for Prospect representing Mr Luke Foley MP, Leader of the Opposition, (iv) Mr Mark Taylor MP, member for Seven Hills representing the Honourable Ray Williams MP, Minister for Minister for Multiculturalism and Minister for Disability Services, (v) Councillor Susai Benjamin, Blacktown City Council, (vi) Mr Moit Kumar, President of the Council of Indian Australians, (vii) Mr John Kennedy, President of the United Indian Associations, (viii) representatives of numerous Indian-Australian cultural and community organisations, (ix) representatives of the Indian-Australian media, and
(c) since its formation two years ago the Indian Support Center has gained a well-deserved reputation for service to the Indian-Australian community, particularly through its support programs for new settlers, job seekers and victims of domestic violence.
2. That this House congratulates the Indian Support Center on the occasion of the second anniversary of its ongoing service to the Indian-Australian community.
Question put and passed.
18 GREATER WESTERN SYDNEY NETBALL TEAM (Formal Business)
Mrs Maclaren-Jones (on behalf of Mr Clarke) moved, according to notice:
1. That this House notes that:
(a) in 2017 the inaugural Suncorp National Netball League was founded with New South Wales entering a new team, Greater Western Sydney (GWS), coached by Ms Julie Fitzgerald and sponsored by the GWS Giants AFL Club,
(b) for the first time in netball’s history, the competition was televised by a major TV network, Channel 9, and players and coaching personnel were paid a professional wage,
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(c) despite GWS being in its first year of operation and losing its Captain Kimberlee Green due to injury, the team had an exceptional season and made the grand final which was televised live on Channel 9 on Saturday 17 June 2017,
(d) the GWS team were runners up in the Grand Final being defeated by Sunshine Coast Lightning, and
(e) the grand final of the Suncorp National Netball League was umpired by Michelle Phippard and Joshua Bowring with Mark Henning acting as reserve.
2. That this House:
(a) congratulates and commends the success of the GWS Netball Team that consisted of Toni Anderson, Kristina Brice, Rebecca Bulley, Taylah Davies, Kimberlee Green, Serena Guthrie, Kristiana Manu’a, Joe Harten, Susan Pettitt, Sam Poolmam, Jamie-Lee Price and Sarah Wall,
(b) commends Ms Julie Fitzgerald who returned to Australia to be Head Coach of GWS,
(c) acknowledges and commends the outstanding support of the team by GWS Giants Chairman Joseph Carrozzi, the Board of GWS, Netball New South Wales’ President Wendy Archer AM, Chief Executive Officer Carolyn Campbell and the Board of Netball New South Wales, and
(d) acknowledges the sponsors of GWS, Suncorp, HCF, Bing Lee, Nissan, CBR Canberra, FDC Construction and Fitout, Hawaiian Airlines, National Storage, Samsung, Brokenwood, Castlereigh Imaging, Coast2Coast, Darrell Lea, Elastoplast, Gilbert, Mount Franklin, Skins Clothing, Sydney Olympic Park, Western Sydney University, Channel 9 Network, Nova 96.9, and Telstra, whose contribution and generosity has enabled this historic inaugural National Netball League to take place and fostered the professionalisation of these outstanding elite female athletes.
Question put and passed.
19 THIRD ANNIVERSARY OF THE INTERNATIONAL DAY OF YOGA (Formal Business)
Mrs Maclaren-Jones (on behalf of Mr Clarke) moved, according to notice:
1. That this House notes that:
(a) pursuant to a unanimous resolution of the United Nations General Assembly passed on 11 December 2014, the 21st day of June of each year has been designated the International Day of Yoga,
(b) to celebrate the 3rd International Day of Yoga, the Consul-General of India in Sydney Mr B Vanlalvawna on Thursday 8 June 2017 hosted at the Indian Cultural Centre of the Indian Consulate General Sydney a presentation titled ‘Yoga: Inner Power, Inner Peace’ comprising yoga dance, meditation talks and musical performances which was attended by members and friends of the Indian-Australian community as well as enthusiasts of yoga,
(c) the presentation was conducted by the Australian branch of Brahma Kumaris, an organisation formed in India in 1936 to promote the principles and practices of a meditative life in which the practice of yoga forms a major part,
(d) those who spoke at the presentation comprised: (i) Mr B Vanlalvawna, the Consul-General for India in Sydney, (ii) the Honourable David Clarke MLC, Parliamentary Secretary for Justice,
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(iii) Mr Charlie Hogg, National Director of Brahma Kumaris, (iv) Mr R.B. Karjee from the Indian Cultural Centre, and
(e) yoga was originally developed in India for therapeutic purposes and is based on harmonizing body, mind and spirit to promote mental, physical and spiritual well-being.
2. That on the occasion of this year’s observance of the International Day of Yoga this House extends greetings and best wishes to all practitioners and enthusiasts of the ancient practice of yoga.
Question put and passed.
20 PASSING OF MRS VERA WILTSHIRE OAM (Formal Business)
Mrs Maclaren-Jones (on behalf of Mr Clarke) moved, according to notice:
1. That this House notes that:
(a) netball legend Mrs Vera Wiltshire OAM, who devoted over 60 years of her life to netball in New South Wales, passed away peacefully on Monday 12 June 2017,
(b) Mrs Wiltshire became involved in what was then women’s basketball, now netball, through the Queenscliff Netball Club in the 1960s,
(c) Mrs Wiltshire held countless positions within the Manly Warringah Netball Association serving on its Executive Committee as Junior Vice President from 1980 to 1989 and as Minute Secretary in 1979, as well as a representative coach, selector and canteen convenor,
(d) Mrs Wiltshire coached several elite netballers including world famous former Australian Captain, Anne Sargeant OAM, and
(e) in honour of Mrs Wiltshire’s outstanding volunteer service to the New South Wales community, she was recognised with the Medal of the Order of Australia in 2013, the Beryl Gartner Outstanding Service to Coaching Award in 2003, the Warringah Council Outstanding Community Service Award in 2002, Life Membership of Manly Warringah Netball Association in 1985 and the Anne Clark BEM Service Award in 2002 – Netball NSW’s highest accolade.
2. That this House acknowledges the outstanding service Mrs Vera Wiltshire OAM gave over 60 years to the New South Wales community and extends its sympathy to family, loved ones and friends.
Question put and passed.
21 FIFTH ANNUAL SERBIAN FESTIVAL OF SYDNEY (Formal Business)
Mrs Maclaren-Jones (on behalf of Mr Clarke) moved, according to notice:
1. That this House notes that:
(a) on Saturday 4 and Sunday 5 February 2017, the fifth Annual Serbian Festival of Sydney was held at Tumbalong Park Darling Harbour Sydney, attended by several thousand members and friends of the Serbian-Australian community,
(b) those who attended the official opening of the festival included: (i) the Very Revered Presbyter Branko Bosancic representing His Grace the Right Reverend Silvan, Serbian Orthodox Church Bishop of Australia and New Zealand,
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(ii) His Excellency Mr Miroljub Petrovic, Ambassador of the Republic of Serbia, (iii) Mr Branko Radosevic, Consul-General of the Republic of Serbia in Sydney, (iv) Mr Branislav Grbic, Consul of the Republic of Serbia, (v) the Honourable David Clarke MLC, Parliamentary Secretary for Justice, (vi) Mr Paul Lynch MP, Member for Liverpool, Shadow Attorney-General, (vii) Mr John Jeremic, Treasurer of the Serbian Orthodox Youth Association representing Mr llija Pearc, President of the Serbian Orthodox Youth Association, (viii) Mr Stevan Sipka, Vice President of Air Serbia for Asia Pacific, (ix) representatives of numerous Serbian-Australian community, religious and cultural organisations, and
(c) those who comprised the Serbian Festival of Sydney Organising Committee were: (i) Mr Dimitrije Grasar, Festival Director and State Coordinator, (ii) Ms Tanja Stancevic, State Secretary, (iii) Ms Aleksandra Stancevic, State and Festival Treasurer, (iv) Mr Radoje Mijatovic, Festival Operations Coordinator, (v) Ms Jovana Zelenbaba, Festival Official Ceremony Coordinator.
2. That this House congratulates the Serbian Festival of Sydney Organising Committee and volunteers for the successful Serbian Festival of Sydney 2017.
3. That this House commends the Serbian-Australian community for its ongoing contribution to the cultural life of the State of New South Wales.
Question put and passed.
22 INDEPENDENCE DAY OF GREECE (Formal Business)
Mrs Maclaren-Jones (on behalf of Mr Clarke) moved, according to notice:
1. That this House notes that:
(a) on Friday 24 March 2017, the Independence Day of Greece was celebrated by several hundred members and friends of the Greek Australian community at a reception hosted by the Consul-General of Greece, Dr Stavros Kyrimis at the Australian National Maritime Museum, Darling Harbour Sydney,
(b) those who attended as guests included: (i) the Honourable Ray Williams MP, Minister for Multiculturalism and Minister for Disability Services representing the Premier, the Honourable Gladys Berejiklian MP, (ii) Ms Sophie Cotsis MP, representing the Leader of the Opposition, the Honourable Luke Foley MP, (iii) Senator the Honourable Arthur Sinodinos AO, federal Minister for Industry, Innovation and Science, (iv) the Honourable David Elliott MP, Minister for Counter Terrorism, Corrections and Veteran Affairs, (v) Mr Jack Passaris OAM representing His Eminence Archbishop Stylianos of the Greek Orthodox Church of Australia, (vi) the Honourable Craig Laundy MP, federal Assistant Minister for Industry, Innovation and Science, (vii) Mr Peter Dexter AM, Chairman of the Australian National Maritime Museum, who acted as Master of Ceremonies, (viii) the Honourable Matt Thistlethwaite MP, (ix) Senator Brian Burston, (x) Mr Mark Coure MP, Parliamentary Secretary for Transport and Infrastructure, (xi) Mr Michael Daley MP, Deputy Leader of Opposition,
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(xii) the Honourable David Clarke MLC, Parliamentary Secretary for Justice, (xiii) Mr John Sidoti MP, Parliamentary Secretary to Cabinet, (xiv) the Honourable Michael Gallacher MLC, (xv) the Honourable Shoaquett Moselmane MLC, Opposition Whip in the Legislative Council, (xvi) the Honourable John Graham MLC, (xvii) the Honourable Robert Brown MLC, (xviii) Ms Eleni Petinos MP, member for Miranda, (xix) Mr Harry Danalis, President of the Greek Orthodox Community of NSW (xx) Reverend the Honourable Fred Nile MLC, Assistant President, (xxi) His Honour District Court Judge John Hatzistergos, (xxii) Ms Olivia Simpson on behalf of Mr David Coleman MP, (xxiii) Mr Nicholas Varvaris, former federal Member for Barton and Mrs Varvaris, (xxiv) Captain John Stavridis representing Rear Admiral Stuart Mayer, (xxv) councillors from Georges River, Strathfield, Waverley, Woollahra, Bayside, Parramatta, Inner West and the City of Sydney Councils, (xxvi) representatives from the Australian History Teachers Association, the Red Cross and the Ethnic Affairs Commission, (xxvii) representatives of Jewish and Assyrian Communities (xxviii) professors from the universities of Sydney, NSW, Macquarie, Western Sydney and UTS as well as student representatives from the various student organisations, (xxix) presidents and representatives from all corners of Hellenism, including Macedonia, Thrace, Thessaly, Peloponesos, Ionian and Aegean Islands, Crete and Cyprus, and
(c) the Hellenic organisations which assisted in making the event successful included: (i) the Hellenic Lyceum, Sydney, (ii) Ausralian Hellenic Educational Progressive Association (AHEPA) NSW, (iii) the Pan-Arcadian Association, (iv) the Joint Committee for the Battle of Crete and the Greek Campaign, (v) the Lemnian Association.
2. That this House extends greetings and best wishes to the Greek Nation and to the Greek-Australian community on the occasion of Greek Independence Day.
Question put and passed.
23 FUTURE MOVEMENT SYDNEY CHAPTER RAMADAN IFTAR DINNER 2017 (Formal Business)
Mrs Maclaren-Jones (on behalf of Mr Clarke) moved, according to notice:
1. That this House notes that:
(a) on Sunday 11 June 2017, the Future Movement Sydney Chapter under the patronage of His Excellency Saad Rafic Hariri, Prime Minister of Lebanon and President of the Future Movement, hosted its annual Ramadan Iftar Dinner 2017 at the White Castle Reception Lounge Lakemba, attended by several hundred members and friends of the Future Movement and the Lebanese-Australian community,
(b) those who attended as guests included: (i) Mr Jihad Dib MP, member for Lakemba, Shadow Minister for Education representing Mr Luke Foley MP, Leader of the Opposition, (ii) Mr Mark Coure MP, member for Oatley, Parliamentary Secretary for Transport and Infrastructure, (iii) the Honourable David Clarke MLC, Parliamentary Secretary for Justice,
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(iv) Dr Geoff Lee MP, member for Parramatta and Parliamentary Secretary to the Premier, Western Sydney and Multiculturalism, (v) Ms Julia Finn MP, member for Granville, (vi) Elcheikh Abdel Ghafar Zougbi, (vii) Father Superior Dr Louis El Ferekh, St Charbel’s Monastery & Maronite Order of Monks, (viii) Elcheikh Fawaz Qamez, (ix) Elcheikh Khaled Taleb, (x) Elcheikh Khaled Zreika, (xi) Elcheikh Malek Zayden, (xii) Elcheikh Melhem Assaf, (xiii) Elcheikh Moussaab Laga, (xiv) Elcheikh Nabil Sukariah, (xv) Elcheikh Yehya Safi, (xvi) current and past councillors of local government, (xvii) representatives of numerous Lebanese political parties and Lebanese-Australian community organisations, and
(c) the Ramadan Iftar Event was co-ordinated by Mr Khaled Elcheickh of the Future Movement’s Sydney Business Sector and the Master of Ceremonies was Mr Hassan Rahman.
2. That this House extends greetings and best wishes to members and friends of the Future Movement Sydney Chapter and to the wider Lebanese-Australian Muslim community on the occasion of the Muslim Holy Month of Ramadan.
Question put and passed.
24 DR REENA MEHTA (Formal Business)
Mrs Maclaren-Jones (on behalf of Mr Clarke) moved, according to notice:
1. That this House notes that:
(a) on Saturday 27 May 2017 at the Delhi Heights Restaurant and Function Centre, the India Club hosted a congratulatory dinner in honour of rising singing star Dr Reena Mehta, which was attended by members and friends of the Indian-Australian community,
(b) Dr Reena Mehta, a member of the Indian-Australian community, is a self-taught amateur singer who donates her time and talent for charity and Indian community functions,
(c) Dr Reena Mehta has gained an illustrious reputation because of her unique style and recently was contracted to appear in a number of Bollywood productions to be filmed in India, and
(d) those who attended the celebratory function included: (i) Dr Shubha Kumar, President of the India Club, (ii) Mr Aksheya Kumar, Chairman of the India Club, (iii) Mr Vinod Rajput, (iv) the Honourable David Clarke MLC, Parliamentary Secretary for Justice and Mrs Marisa Clarke, (v) Mr Dilip Bhave, (vi) representatives of various Indian-Australian cultural, professional and community organisations.
2. That this House:
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(a) congratulates Dr Reena Mehta on her recent success in being contracted to appear in a number of Bollywood productions to be filmed in India, and
(b) commends Dr Reena Mehta for her past and ongoing service in the entertainment field to the Indian-Australian community and to charitable causes generally.
Question put and passed.
25 350TH BIRTH ANNIVERSARY CELEBRATION OF SRI GURU GOBIND SINGH JI AND FESTIVAL OF VAISAKHI CELEBRATION (Formal Business)
Mrs Maclaren-Jones (on behalf of Mr Clarke) moved, according to notice:
1. That this House notes that:
(a) on Wednesday 31 May 2017, the 350th Birth Anniversary Celebration of Sri Guru Gobind Singh Ji and Festival of Vaisakhi Celebration was held at Parliament House, attended by several hundred members and friends of the Indian-Australian community,
(b) the celebratory function was organised by the Federation of Indian Associations of NSW under the Presidency of Dr Yadu Singh, and
(c) those who attended as guests included: (i) the Honourable Matt Kean MP, Minister for Innovation and Better Regulation, (ii) the Honourable Ray Williams MP, Minister for Multiculturalism and Minister for Disability Services, (iii) the Honourable Victor Dominello MP, Minister for Finance, Services and Property, (iv) Ms Jody McKay MP, Shadow Minister for Transport, Shadow Minister for Roads, Maritime and Freight, (v) Ms Sophie Cotsis MP, Shadow Minister for Women, Ageing, Multiculturalism and Disability Services, (vi) Dr Geoff Lee MP, Parliamentary Secretary to the Premier, Western Sydney and Multiculturalism, (vii) the Honourable David Clarke MLC, Parliamentary Secretary for Justice, (viii) Mr Kevin Conolly MP, member for Riverstone, (ix) Mr Mark Taylor MP, member for Seven Hills, (x) Dr Hugh McDermott MP, member for Prospect, (xi) Mr Frank Zumbo representing Mr Craig Kelly MP, federal member for Hughes, (xii) Captain Sarjinder Singh (Ret. Indian Army), President of Glenwood Gurdwara Sikh Temple, (xiii) Councillor Gurdeep Singh, Hornsby Shire Council, (xiv) Councillor Raj Datta, Strathfield Municipal Council, (xv) representatives from the Chinese, Egyptian and Italian communities, (xvi) representatives of various Indian-Australian community, cultural and professional organisations.
2. That this House congratulates and commends Dr Yadu Singh, President and the Executive Committee of the Federation of the Indian Associations of NSW for their fine efforts in organising the 350th Birth Anniversary Celebration of Sri Guru Gobind Singh Ji and Festival of Vaisakhi Celebration held on 31 May 2017.
3. That this House extends greetings and best wishes to the Indian-Australian community on the occasion of the Festival of Vaisakhi.
Question put and passed.
1815 Legislative Council Minutes No. 117—Tuesday 8 August 2017
26 INDO-AUSTRALIAN BAL BHARATHI VIDYALAYA HINDI SCHOOL INC DINNER (Formal Business)
Mrs Maclaren-Jones (on behalf of Mr Clarke) moved, according to notice:
1. That this House notes that:
(a) on Saturday 10 June 2017, the Indo-Australian Bal Bharathi Vidyalaya (IABBV) Hindi School Inc held a thirtieth Anniversary Dinner and Dance attended by several hundred members and friends of the Indian-Australian community at the Hornsby Function Centre Hornsby RSL Club,
(b) the event was held not only to celebrate 30 years of teaching the Hindi language but also to raise awareness in the community about homelessness and domestic violence and the impact it has on woman and their families and to raise funds for the Hornsby Ku-ring-gai Women’s Shelter,
(c) those who attended as guests included: (i) the Honourable Ray Williams MP, Minister for Multiculturalism and Minister for Disability Services, (ii) Mr B. Vanlalvawna, Consul-General of India in Sydney, (iii) Dr Geoff Lee MP, member for Parramatta and Parliamentary Secretary to the Premier, Western Sydney and Multiculturalism, (iv) the Honourable David Clarke MLC, Parliamentary Secretary for Justice, (v) Mr Damien Tudehope MP, member for Epping and Mrs Tudehope, (vi) Kamahl AM, recording artist, singer and entertainer, (vii) Mr Harry Anderson, Vice President of Hornsby RSL Club, (viii) Mr Albert Vella OAM, President of NSW Federation of Community Languages School, (ix) Councillor Gurdeep Singh, Hornsby Shire Council, (x) Councillor Raj Dutta, Strathfield Municipal Council, (xi) Ms Melissa Monteiro, Executive Director of Community Migrant Resource Centre, (xii) Dr Phil Lambert PSM, Ambassador for White Ribbon, (xiii) Ms Annabelle Daniel, Founder of Hornsby Ku-ring-gai Women’s Shelter, (xiv) Ms Meherlyn Jussawalla, Director, Diplomatic and Network Relations, University of NSW Sydney, (xv) Mr Neville Roach AO, (xvi) Ms Sheba Nandkeolyar, National Chair, Australia India Business Council (AIBC), (xvii) Gambhir Watts OAM, President of Bharatiya Vidya Bhavan Australia, (xviii) representatives of Indian ethnic media,
(d) the IABBV Hindi School, which was established in June 1987, is a non-profit organisation run entirely by volunteers and is the first structured Hindi language institution in Sydney,
(e) the school is part of the Department of Education and Communities’ Community Languages School Program, with over 200 students in centres at Thornleigh West Public School, John Purchase Public School, Waitara Public School and Epping Public School,
(f) the school’s executive committee comprises: (i) Mrs Mala Mehta OAM, President and Honourary Founder of the school, (ii) Mr Vipin Virmani, Vice President, IABBV Hindi School P & C, (iii) Ms Preeti Thadani, Secretary, IABBV Hindi School P & C, (iv) Aditi Janveja, Volunteer Graphic Designer, (v) Rubleet Singh Walia, alumni P&C, (vi) Sakshi Sethi, alumni APRA, (vii) Saloni Sharma, alumni, (viii) Saheba Walia, alumni,
1816 Legislative Council Minutes No. 117—Tuesday 8 August 2017
(g) the IABBV Hindi School teachers as at 2017 comprised: Sunita Anand,Madhu Arora, Sheetal Bansal, Anita Bassi, Darshan Behl, Neerja Badhwar, Seema Bhardwaj, Ekta Chanana, Ria Chanana, Archana Chaudhry, Jagdish Chaudhry, Kusum Chaudhry, Varsha Daithankar, Swati Doshi, Bijinder Duggal, Savita Gupta, Dipti Jani, Kulwinder Kaur, Mala Mehta OAM, Saroj Paul, Vinod Rajput, Rekha Rajvanshi, Taran Sahdeva, Shelja Sahgal, Pushpa Saini, Monica Sharma, Shobha Sharma, Daulat Singhi, Saral Somaiya, Alka Sood, Mr Ram Swamy, Manisha Virmani, Shantha Viswanathan,
(h) the IABBV Hindi School volunteers as at 2017 comprised: Saba Abdi, Sharad Basin, Darshan Behl, Sasi Bhatt, Rakhi Birla, Ravi Chanana, Archana Chaudhry, Jagdish Chaudhry, Late Kamlesh Chaudhry, Anisha Chauhan, Jagdish Chawla, Bhim Dev, Bapi Dey, Ankur Dhar, Rakesh Giananey, Charu Gohil, Aakash Gulati, Rajendra Gupta, Cheshta Hooda, Varun Kapoor, Padma Kashyap, Rakesh Kaul, Satish Kaushal, Sunil Kumar, Pawan Luthra, Radhika Mathur, Mehgnad, Mala Mehta OAM, Glen Pareira, Saroj Paul, Vinod Rajput, Yitul Rawat, Sadhna Risbud, Ankita Sachdeva, Kamal Saini, Pallav Saxena, Sakshi Sethi, Swati Singh Sethi, Surinder Singh, Hardeep Sodhi, Saral Somaiya, Sandhya Sunil, Vani Suri, Ram Swami, Preeti Thadani, Balasubramaniam Venkatraman, Rajesh Virmani, Shanta Viswanathan, Chiranjiv Walia, Mahtab Walia, Rubleet Singh Walia, Saheba Kaur Walia, and
(i) those who provided the entertainment for the event comprised: Greg Simms, Welcome to Country, Shri Maharshi Raval, Tabla and Gumroy, didgeridoo, students of Ruchi Sanghi Dance School, Fashion Show – Rakhi Birla, alumni, Swati Singh, alumni, Ankur Dhar, alumni and parent, Priya Chopra, alumni, Shilpa Arora, alumni, Anisha Arora, alumni, Prachi Nagrath, alumni, Rubal Walia, alumni, Cheshta Hooda, alumni, Rachna Garg, volunteer, Akriti Redhu, student, Neha Saini, student, Vedant Virmani, student, Aditi Janveja, volunteer, Maya Stempien, singer with IABBV students, Ankita Sachdeva, alumni Bollywood playback singer, Lalit Mehra, volunteer singer, Gul Hora, alumni Bollywood playback singer, Preeti Kanwar of Nachle Bollywood Dance Group and the bhangra dance by Rakhi Birla, alumni, Swati Singh, alumni, Rubal Walia alumni, Cheshta Hooda, alumni, Saloni Sharma, alumni.
2. That this House congratulates and commends the IABBV Hindi School together with its executive, teachers and volunteers for their outstanding work in promoting the Hindi language and Indian culture to the wider Australian community, and also for its charitable work including worthy causes such as the Hornsby Ku-ring-gai Women’s Shelter.
Question put and passed.
27 PRINTING OF TABLED PAPERS
According to standing order, Mr Farlow tabled a list of papers tabled and not ordered to be printed since 1 June 2017.
28 LEGISLATION REVIEW COMMITTEE—REPORT
Mr Pearce tabled a report of the Legislation Review Committee entitled “Legislation Review Digest No. 41/56”, dated 8 August 2017.
Ordered: That the report be printed.
29 PAPERS—PRESENTED TO PARLIAMENT OUT OF SESSION
The Clerk announced receipt of the following reports presented since the last sitting of the House:
1817 Legislative Council Minutes No. 117—Tuesday 8 August 2017
(1) Barangaroo Delivery Authority Act 2009—Report of the statutory review of the Barangaroo Delivery Authority Act 2009, dated June 2017.
(2) Gaming Machine Tax Act 2001—Notice of publication of ClubGRANTS Guidelines, dated 13 July 2017.
(3) Independent Pricing and Regulatory Tribunal Act 1992—
(a) Report of Independent Pricing Regulatory Tribunal entitled “Prices for wholesale water and sewerage services: Sydney Water Corporation and Hunter Water Corporation: Final Report Water”, dated June 2017.
(b) Report of Independent Pricing Regulatory Tribunal entitled “Sydney Desalination Plant Pty Ltd: Review of prices from 1 July 2017 to 30 June 2022: Final Report Water”, dated June 2017.
(4) Infrastructure NSW Act 2011—Report on the Statutory Review of the Infrastructure NSW Act 2011, dated May 2017.
(5) Transport Administration Act 1998 and Passenger Transport Act 1990—
(a) Report of the Office of Transport Safety Investigations entitled “Engine room fire on board Fantasea Spirit Kissing Point Sydney Harbour 8 May 2016”.
(b) Report of the Office of Transport Safety Investigations entitled “Passenger injury – Train amalgamation Central Station Sydney 10 August 2016”.
(6) Water NSW Act 2014—Report of Alluvium Consulting entitled “2016 Audit of the Sydney Drinking Water Catchment”, dated June 2017.
30 STATUTORY RULES AND INSTRUMENTS—TABLED BY THE CLERK
The Clerk tabled the following statutory rules and instruments, published on the NSW Legislation website or in the Government Gazette to Friday 4 August 2017:
(1) Biosecurity Act 2015—Biosecurity Order (Permitted Activities) 2017—Erratum (LW 23/06/2017)
(2) Charitable Trusts Act 1993—Charitable Trusts Regulation 2017 (LW 23/06/2017)
(3) Child Protection (Working with Children) Act 2012—Child Protection (Working with Children) Amendment (Child-related Work) Regulation 2017 (LW 30/06/2017)
(4) Children and Young Persons (Care and Protection) Act 1998—Children and Young Persons (Care and Protection) (Child Employment) Amendment Regulation 2017 (LW 30/06/2017)
(5) Children’s Court Act 1987—Practice Note 5—Case Management in Care Proceedings (Gazette 72, 30/06/2017, p 3477)
(6) Children’s Court Act 1987—Practice Note 6—Children’s Court Clinic Assessment Applications and Attendance of Authorised Clinicians at Hearings, Dispute Resolution Conferences and External Mediation Conferences (Gazette 72, 30/06/2017, p 3495)
(7) Civil and Administrative Tribunal Act 2013—Civil and Administrative Tribunal Amendment (Fees) Regulation 2017 (LW 30/06/2017)
(8) Civil Procedure Act 2005—Amendment of Practice Note—Local Court Practice Note Civ 1— Case Management of Civil Proceedings in the Local Court (Gazette 67, 23/06/2017, p 3036)
1818 Legislative Council Minutes No. 117—Tuesday 8 August 2017
(9) Civil Procedure Act 2005—Civil Procedure Amendment (Fees) Regulation 2017 (LW 30/06/2017)
(10) Civil Procedure Act 2005—Practice Note SC Gen 17—Supreme Court Representative Proceedings—No 1 (Gazette 85, 4/08/2017, p 4334)
(11) Civil Procedure Act 2005—Practice Note SC Gen 17—Supreme Court Representative Proceedings—No 2 (Gazette 85, 4/08/2017, p 4340)
(12) Commercial Agents and Private Inquiry Agents Act 2004—Commercial Agents and Private Inquiry Agents Regulation 2017 (LW 4/08/2017)
(13) Conveyancing Act 1919—Conveyancing (Sale of Land) Regulation 2017 (LW 28/07/2017)
(14) Crimes (Administration of Sentences) Act 1999—Crimes (Administration of Sentences) Amendment (Parole Applications) Regulation 2017 (LW 31/07/2017)
(15) Criminal Assets Recovery Act 1990—Criminal Assets Recovery Regulation 2017 (LW 7/07/2017)
(16) Criminal Procedure Act 1986—Criminal Procedure Amendment (Fees) Regulation 2017 (LW 30/06/2017)
(17) Dust Diseases Tribunal Act 1989—Dust Diseases Tribunal Amendment (Fees) Regulation 2017 (LW 30/06/2017)
(18) Education Standards Authority Act 2013—Education Standards Authority Amendment Regulation 2017 (LW 7/07/2017)
(19) Environmental Planning and Assessment Act 1979—Environmental Planning and Assessment Amendment (Complying Development Certificates) Regulation 2017 (LW 7/07/2017)
(20) Environmental Planning and Assessment Act 1979—Environmental Planning and Assessment Amendment (Fire Safety and Building Certification) Regulation 2017 (LW 30/06/2017)
(21) Firearms Act 1996—Firearms Amendment (Exemptions) Regulation 2017 (LW 28/07/2017)
(22) Fisheries Management Act 1994—Fisheries Management Legislation Amendment (Fees, Charges and Contributions) Regulation 2017 (LW 30/06/2017)
(23) Fisheries Management Act 1994—Fisheries Management Legislation Amendment (Quota Shares) Regulation 2017 (LW 30/06/2017)
(24) Government Sector Employment Act 2013—Government Sector Employment (Transport Service Senior Executives) Rules 2017 (LW 23/06/2017)
(25) Government Sector Employment Act 2013—Government Sector Employment Amendment (Transport Service Senior Executives) Regulation 2017 (LW 23/06/2017)
(26) Greyhound Racing Act 2017—Greyhound Racing Amendment (Savings and Transitional) Regulation 2017 (LW 30/06/2017)
(27) Heavy Vehicle (Adoption of National Law) Act 2013—Heavy Vehicle (Adoption of National Law) Amendment (Penalties) Regulation 2017 (LW 30/06/2017)
(28) Heavy Vehicle National Law (NSW)—Heavy Vehicle National Amendment Regulation 2017 (LW 30/06/2017)
1819 Legislative Council Minutes No. 117—Tuesday 8 August 2017
(29) Jury Act 1977—Jury Amendment (Daily Attendance Allowance) Regulation 2017 (LW 30/06/2017)
(30) Legal Profession Uniform Law Application Act 2014—Legal Profession Uniform Law Application Amendment (Fees) Regulation 2017 (LW 30/06/2017)
(31) Local Court Act 2007—Amendment of Practice Note—Local Court Practice Note Civ 1—Case management of civil proceedings in the Local Court (Gazette 80, 14/07/2017 p 4094)
(32) Local Court Act 2007—Amendment of Practice Note—Local Court Practice Note Comm 1— Procedures to be adopted for Committal Hearings in the Local Court (Gazette 67, 23/06/2017 p 3033)
(33) Local Court Act 2007—Amendment of Practice Note—Local Court Practice Note Crim 1—Case Management of Criminal Proceedings in the Local Court (Gazette 67, 23/06/2017 p 3029)
(34) Motor Accident Injuries Act 2017—Motor accident guidelines 2017 (LW 7/07/2017)
(35) Museum of Applied Arts and Sciences Act 1945—Museum of Applied Arts and Sciences Regulation 2017 (LW 28/07/2017)
(36) National Energy Retail Law (Adoption) Act 2012—National Energy Retail Law (Adoption) Amendment (Deregulation) Regulation 2017 (LW 23/06/2017)
(37) Relationships Register Act 2010—Relationships Register Amendment (Corresponding Laws) Regulation 2017 (LW 30/06/2017)
(38) State Records Act 1998—State Records Amendment Regulation 2017 (LW 23/06/2017)
(39) Succession Act 2006—Succession Amendment (Will Deposit Fee) Regulation 2017 (LW 30/06/2017)
(40) Surveillance Devices Act 2007—Surveillance Devices Amendment (Corresponding Law) Regulation 2017 (LW 23/06/2017)
(41) Surveying and Spatial Information Act 2002—Surveying and Spatial Information Amendment (Fees and Deposits) Regulation 2017 (LW 30/06/2017)
(42) Tattoo Parlours Act 2012—Tattoo Parlours Amendment (Licence Renewal Fee) Regulation 2017 (LW 30/06/2017)
(43) Transport Administration Act 1988—Transport Administration Amendment (Senior Executive Transitional Arrangements) Regulation 2017 (LW 23/06/2017)
(44) Transport Administration Act 1988—Transport Administration (General) Amendment Regulation 2017 (LW 30/06/2017)
(45) Waste Avoidance and Resource Recovery Act 2001—Waste Avoidance and Resource Recovery (Container Deposit Scheme) Amendment Regulation 2017 (LW 28/07/2017)
(46) Water Management Act 2000—Water Management (General) Amendment (Floodplain) Regulation 2017 (LW 30/06/2017)
(47) Witness Protection Act 1995—Witness Protection Regulation 2017 (LW 7/07/2017)
(48) Work Health and Safety Act 2011—Work Health and Safety Amendment (Fees) Regulation 2017 (LW 30/06/2017)
1820 Legislative Council Minutes No. 117—Tuesday 8 August 2017
(49) Workers Compensation Act 1987—Workers Compensation Amendment (Premiums, Large Claim Limits and Policy Cancellation) Regulation 2017 (LW 30/06/2017).
31 AUDITOR-GENERAL—REPORT
The Clerk, according to the Public Finance and Audit Act 1983, announced receipt of a Performance Audit report of the Auditor-General entitled “ICT in schools for teaching and learning: New South Wales Department of Education”, dated July 2017, received out of session and authorised to be printed on 6 July 2017.
32 LEGISLATION REVIEW COMMITTEE—REPORT
The Clerk, according to the Legislation Review Act 1987, announced receipt of a report of the Legislation Review Committee entitled “Legislation Review Digest No. 40/56”, dated August 2017, received out of session and authorised to be printed on 3 August 2017.
33 RETURNS TO ORDERS
(1) 2017-2018 Budget
The Clerk, according to the resolution of the House of 22 June 2017, tabled documents relating to an order for papers regarding the 2017-2018 Budget, received on 13 July 2017 from the Acting Secretary of the Department of Premier and Cabinet, together with an indexed list of documents.
(2) 2017-2018 Budget finances
The Clerk, according to the resolution of the House of 22 June 2017, tabled:
(a) Documents relating to an order for papers regarding the 2017-2018 Budget finances, received on 13 July 2017 from the Acting Secretary of the Department of Premier and Cabinet, together with an indexed list of documents.
(b) A return identifying documents received on 13 July 2017 which are considered to be privileged and should not be made public or tabled. According to standing order, the Clerk advised that the documents are available for inspection by members of the Legislative Council only.
34 PETITION—MINISTER’S RESPONSE
The Clerk, according to sessional order, announced receipt of a ministerial response from the Hon Mark Speakman MP, Attorney General, to a petition presented by Mr Donnelly on 23 May 2017 concerning opposition to abortion law reform bills, received out of session and authorised to be printed on 27 June 2017.
35 NOTICES OF MOTIONS
36 CORRESPONDENCE RELATING TO REPORT OF EXPERT PANEL ON POLITICAL DONATIONS
The President tabled correspondence dated 27 June 2017 from the Premier, the Hon Gladys Berejiklian MP, relating to the final report of the Expert Panel on Political Donations, chaired by Dr Kerry Schott.
1821 Legislative Council Minutes No. 117—Tuesday 8 August 2017
37 PORTFOLIO COMMITTEES—MEMBERSHIP
The President informed the House that on 20 July 2017, the Clerk had received advice from the Leader of the Opposition of the following changes in membership of the Portfolio Committees:
Portfolio Committee No. 2 – Health and Community Services: Mrs Houssos in place of Mr Graham
Portfolio Committee No. 3 – Education: Mr Graham in place of Mrs Houssos
Portfolio Committee No. 5 – Industry and Transport: Mr Mookhey in place of Ms Sharpe
Portfolio Committee No. 6 – Planning and Environment: Ms Sharpe in place of Mr Mookhey.
38 COMMITTEE ON THE HEALTH CARE COMPLAINTS COMMISSION—MEMBERSHIP
The President informed the House that on 21 June 2017, the Clerk had received advice from Mr Pearson nominating himself as a member of the Joint Committee on the Health Care Complaints Commission, in place of Ms Barham, resigned.
Mr Harwin moved, by leave and without notice: That Mr Pearson be appointed as a member of the committee.
Question put and passed.
Mr Harwin then moved: That the following message be forwarded to the Legislative Assembly:
Madam SPEAKER
The Legislative Council desires to inform the Legislative Assembly that it has this day agreed to the following resolution:
That Mr Pearson be appointed as a member of the Committee on the Health Care Complaints Commission to fill the vacancy caused by the resignation of Ms Barham.
Legislative Council JOHN AJAKA 8 August 2017 President
Question put and passed.
39 ANSWERS TO QUESTIONS WITHOUT NOTICE
The President informed the House of the publication in today’s Hansard of answers to questions without notice lodged with the Clerk since the last sitting of the House.
40 COMMITTEE ON THE OMBUDSMAN, THE LAW ENFORCEMENT CONDUCT COMMISSION AND THE CRIME COMMISSION—MEMBERSHIP
Mr Harwin moved, according to notice: That Mr Amato be discharged from the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission and Mr Martin be appointed as a member of the committee.
Question put and passed.
Mr Harwin then moved: That the following message be forwarded to the Legislative Assembly:
1822 Legislative Council Minutes No. 117—Tuesday 8 August 2017
Madam SPEAKER
The Legislative Council desires to inform the Legislative Assembly that it has this day agreed to the following resolution:
That Mr Amato be discharged from the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission and Mr Martin be appointed as a member of the committee.
Legislative Council JOHN AJAKA 8 August 2017 President
Question put and passed.
41 SUSPENSION OF STANDING AND SESSIONAL ORDERS—ENVIRONMENTAL PLANNING AND ASSESSMENT AMENDMENT (WASTE INCINERATOR FACILITIES—RESIDENTIAL EXCLUSION ZONES) BILL
On the President calling on the Clerk to read the order of the day, Mr Buckingham moved, according to sessional order: That standing and sessional orders be suspended to allow private members’ business item no. 1267 outside the order of precedence relating to the Environmental Planning and Assessment Amendment (Waste Incinerator Facilities—Exclusion Zones) Bill to be called on forthwith.
Debate ensued.
Question put.
The House divided.
Ayes 13
Mr Buckingham Mr Pearson Mr Veitch Mr Donnelly * Mr Searle Ms Walker Mr Field Mr Secord Mr Wong Mr Mookhey Ms Sharpe Mr Moselmane * Mr Shoebridge * Tellers
Noes 18
Mr Blair Mr Green Mr Mason-Cox Mr Borsak Mr Harwin Mrs Mitchell Mr Brown Mr MacDonald Revd Mr Nile Ms Cusack Mrs Maclaren-Jones * Mr Pearce Mr Farlow Mr Mallard Dr Phelps Mr Franklin * Mr Martin Mrs Taylor
* Tellers
Pairs
Mr Graham Mr Amato Mrs Houssos Mr Khan Mr Primrose Mr Colless Ms Voltz Mr Clarke
Question resolved in the negative.
1823 Legislative Council Minutes No. 117—Tuesday 8 August 2017
42 JUSTICE LEGISLATION AMENDMENT BILL 2017
On the order of the day being read, Mr Franklin (on behalf of Mr Harwin) moved: That this bill be now read a second time.
Debate ensued.
Leave granted for the remainder of the mover’s second reading speech to be incorporated in Hansard.
______
According to sessional order, proceedings interrupted at 4.00 pm for Questions. ______
43 QUESTIONS
______
According to sessional order, debate on committee reports given precedence. ______
44 GENERAL PURPOSE STANDING COMMITTEE NO. 2—TAKE NOTE OF REPORT
Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Donnelly: That the House take note of Report No. 46 of General Purpose Standing Committee No. 2 entitled “Child protection”, dated March 2017.
Debate resumed.
Question put and passed.
45 SELECT COMMITTEE ON OFF-PROTOCOL PRESCRIBING OF CHEMOTHERAPY IN NEW SOUTH WALES—TAKE NOTE OF REPORT
Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Green: That the House take note of the report of the Select Committee on Off-Protocol Prescribing of Chemotherapy in New South Wales entitled “Off-Protocol Prescribing of Chemotherapy in New South Wales”, dated May 2017.
Debate resumed.
Question put and passed.
46 JUSTICE LEGISLATION AMENDMENT BILL 2017
Order of the day read for resumption of the interrupted debate of the question on the motion of Mr Harwin (moved by Mr Franklin): That this bill be now read a second time.
Debate resumed.
Question put and passed.
Bill read a second time.
1824 Legislative Council Minutes No. 117—Tuesday 8 August 2017
Leave granted to proceed to the third reading of the bill forthwith.
Standing orders having been suspended this day—
Bill, on motion of Mr Franklin, read a third time.
Bill returned to the Legislative Assembly without amendment.
47 MESSAGES FROM THE LEGISLATIVE ASSEMBLY
The President reported receipt of the following messages from the Legislative Assembly:
(1) Environmental Planning and Assessment Amendment (Staged Development Applications) Bill 2017
Mr PRESIDENT
The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Environmental Planning and Assessment Act 1979 with respect to staged development applications; and to amend other legislation consequentially” presents the bill to the Legislative Council for its concurrence.
Legislative Assembly SHELLEY HANCOCK 8 August 2017 Speaker
(2) Coal Mine Subsidence Compensation Bill 2017
Mr PRESIDENT
The Legislative Assembly having this day passed a Bill with the long title “An Act to make provision for the payment of compensation for damage caused by subsidence in connection with the extraction of coal; and for related purposes” presents the bill to the Legislative Council for its concurrence.
Legislative Assembly SHELLEY HANCOCK 8 August 2017 Speaker
Leave granted for procedural motions for the first reading, printing, suspension of standing orders and fixing of sitting day for second reading to be dealt with on one motion without formalities.
Bills, on motion of Mr Harwin, read a first time, printed, standing orders suspended according to sessional order for remaining stages and second reading of the bills set down as orders of the day for a later hour of the sitting.
48 ENVIRONMENTAL PLANNING AND ASSESSMENT AMENDMENT (STAGED DEVELOPMENT APPLICATIONS) BILL 2017
On the order of the day being read, Mr Harwin moved: That this bill be now read a second time.
Debate ensued.
Leave granted for the remainder of the mover’s second reading speech to be incorporated in Hansard.
Debate continued.
Question put.
1825 Legislative Council Minutes No. 117—Tuesday 8 August 2017
The House divided.
Ayes 17
Mr Blair Mr Harwin Mrs Mitchell Mr Brown Mr MacDonald Revd Mr Nile Ms Cusack Mrs Maclaren-Jones * Mr Pearce Mr Farlow Mr Mallard Dr Phelps Mr Franklin * Mr Martin Mrs Taylor Mr Green Mr Mason-Cox * Tellers
Noes 14
Mr Buckingham Mr Mookhey Mr Secord Mr Donnelly * Mr Moselmane * Mr Shoebridge Dr Faruqi Mr Pearson Mr Veitch Mr Field Mr Primrose Ms Walker Mr Graham Mr Searle * Tellers
Pairs
Mr Amato Ms Voltz Mr Clarke Ms Sharpe Mr Colless Mrs Houssos Mr Khan Mr Wong
Question resolved in the affirmative.
Bill read a second time.
Leave granted to proceed to the third reading of the bill forthwith.
Standing orders having been suspended this day—
Bill, on motion of Mr Harwin, read a third time.
Bill returned to the Legislative Assembly without amendment.
49 COAL MINE SUBSIDENCE COMPENSATION BILL 2017
On the order of the day being read, Mr MacDonald (on behalf of Mr Harwin) moved: That this bill be now read a second time.
Leave granted for the mover’s second reading speech to be incorporated in Hansard.
Debate ensued.
Question put and passed.
Bill read a second time.
The President left the Chair and the House sat as a committee of the whole for consideration of this bill.
1826 Legislative Council Minutes No. 117—Tuesday 8 August 2017
______
The Temporary Chair of Committees (Mr Mallard) took the Chair.
Leave granted to take the bill as a whole.
Mr Buckingham, by leave, moved Greens amendments nos 1, 2 and 3 on sheet c2017-061A, in globo—
No. 1 Compensation for environmental damage Page 4, clause 7 (1). Insert after line 22: (e) compensation for any environmental damage to land that arises from subsidence, unless the subsidence is due to operations carried on by the owner of the land or an affiliate of the owner.
No. 2 Compensation for environmental damage Page 4, clause 7 (4). Insert after line 40: environmental damage to land includes: (a) damage to rivers, creeks and other waterways that run through the land, and (b) damage to trees or other vegetation on the land.
No. 3 Compensation for environmental damage Page 4, clause 7. Insert after line 40:
(5) For the avoidance of doubt, nothing in this Act prevents proceedings being brought for a prosecution of a proprietor of a coal mine under any other law in relation to environmental damage to land that arises from subsidence.
Debate ensued.
Mr Primrose requested that the questions on the amendments be put separately.
Debate continued.
Mr Primrose having requested that the questions on the amendments be put separately—
Question: That amendment no. 1 of Mr Buckingham be agreed to—put and negatived.
Amendment negatived.
Question: That amendment no. 2 of Mr Buckingham be agreed to—put and negatived.
Amendment negatived.
Question: That amendment no. 3 of Mr Buckingham be agreed to—put and negatived.
Amendment negatived.
Mr Buckingham moved Greens amendment no. 5 on sheet c2017-061A—
No. 5 Limitation on claims arising out of actions to prevent or mitigate damage Page 5, clause 10 (1) (b), lines 28 and 29. Omit all words on those lines.
1827 Legislative Council Minutes No. 117—Tuesday 8 August 2017
Debate ensued.
Question put and negatived.
Amendment negatived.
Mr Buckingham, by leave, moved Greens amendments nos 6 and 7 on sheet c2017-061A, in globo—
No. 6 Public consultation before approving procedures etc Page 7, clause 14 (4) and (5), lines 30 to 36. Omit all words on those lines. Insert instead:
(4) Before the Chief Executive approves, amends or replaces the approved procedures, the Chief Executive is to make the following publicly available for a period of at least 4 weeks, as the case requires: (a) the proposed approved procedures, (b) the proposed amendment, (c) the proposed replacement approved procedures. (5) The Chief Executive may extend the period of public consultation.
(6) During the period of public consultation, any person may make a written submission to the Chief Executive on the proposed procedures, amendment or replacement procedures. The Chief Executive may (but need not) make publicly available submissions made under this section (or a summary of or report on any such submissions).
(7) The Chief Executive is, before approving, amending or replacing the approved procedures, to consider any submissions duly made under this section.
(8) Subsections (4)–(7) do not apply to an amendment of the approved procedures that, in the opinion of the Chief Executive, is minor or trivial in nature.
No. 7 Disallowance of approved procedures Page 7, clause 14. Insert after line 43:
(7) Sections 40 and 41 of the Interpretation Act 1987 apply to approved procedures in the same way as those sections apply to a statutory rule.
Debate ensued.
Question put and negatived.
Amendments negatived.
Question: That the bill, as read, be agreed to—put and passed.
Ordered: That the Temporary Chair of Committees leave the Chair and report the bill without amendment.
______
The President took the Chair.
The Temporary Chair of Committees reported the bill without amendment.
The House adopted the report.
1828 Legislative Council Minutes No. 117—Tuesday 8 August 2017
Standing orders having been suspended this day—
Bill, on motion of Mr MacDonald, read a third time.
Bill returned to the Legislative Assembly without amendment.
50 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—TRANSPORT LEGISLATION AMENDMENT (AUTOMATED VEHICLE TRIALS AND INNOVATION) BILL 2017
The President reported receipt of the following message from the Legislative Assembly:
Mr PRESIDENT
The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Road Transport Act 2013 to provide for automated vehicle trials; and to amend the Transport Administration Act 1988 with respect to the functions of Transport for NSW” presents the bill to the Legislative Council for its concurrence.
Legislative Assembly SHELLEY HANCOCK 8 August 2017 Speaker
Bill, on motion of Mrs Mitchell (on behalf of Mr Blair), read a first time and ordered to be printed.
Mrs Mitchell moved, according to sessional order: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House.
Question put and passed.
Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.
51 ADJOURNMENT
Mrs Mitchell moved: That this House do now adjourn.
Debate ensued.
Question put and passed.
The House adjourned at 10.10 pm until Wednesday 9 August 2017 at 11.00 am.
52 ATTENDANCE
All members present, except Mr Clarke, Mr Colless, Mrs Houssos and Mr Khan.
Steven Reynolds Deputy Clerk
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Authorised by the Parliament of New South Wales