Legislative Council

2067 PROOF

LEGISLATIVE COUNCIL

FIRST SESSION OF THE FIFTY-SEVENTH PARLIAMENT

MINUTES OF PROCEEDINGS

No. 81

WEDNESDAY 24 MARCH 2021 wa

Contents

1 Meeting of the House ...... 2069 2 Vacancy in the Office of President...... 2069 3 Election of President ...... 2069 4 Prayers ...... 2074 5 Presentation of President to Her Excellency the Governor ...... 2074 6 Death of His Royal Highness the Prince Philip, Duke of Edinburgh ...... 2074 7 Assent to Bills ...... 2074 8 Resignation of The Honourable john George Ajaka MLC ...... 2075 9 Messages from the Legislative Assembly ...... 2075 (1) Local Government Amendment Bill 2021 ...... 2075 (2) Real Property Amendment (Certificates of Title) Bill 2021 ...... 2075 (3) Heavy Vehicle Legislation Amendment (National Regulator) Bill 2021 ...... 2076 (4) Mutual Recognition (New South Wales) Amendment Bill 2021...... 2076 (5) COVID-19 Recovery Bill 2021 ...... 2076 (6) Liquor Amendment (Right to Play Music) Bill 2020 ...... 2076 (7) State Insurance and Care Governance Amendment (Employees) Bill 2020 ...... 2077 10 Conduct of Business—Question Time ...... 2077 11 Register of Disclosures by Members—Pecuniary Interests and Other Matters ...... 2077 12 Law Enforcement Conduct Commission—Reports ...... 2077 13 Inspector of Custodial Services—Report ...... 2077 14 Small Business Commissioner—Report ...... 2078 15 Ministerial Statement—Parliamentary Secretary ...... 2078 16 Order for Papers—Sale of TAFE NSW campuses (Formal Business) ...... 2078 17 Percy Brookfield ...... 2079 18 Michael Gudinski (Formal Business) ...... 2079 19 Motion to Table Report of the Independent Legal Arbiter—Dam Infrastructure Projects (Formal Business) ...... 2080 20 Paper—Tabled by Minister ...... 2080 21 Tabled Papers Not Ordered to be Printed ...... 2080 2068 Legislative Council Minutes No. 81—Wednesday 24 March 2021

22 Legislation Review Committee—Report ...... 2080 23 Tabling of Report of the Independent Legal Arbiter—Dam Infrastructure Projects ...... 2080 24 Auditor-General—Reports ...... 2080 25 Portfolio Committee No. 1 - Premier and Finance—Report ...... 2081 26 Public Accountability Committee—Report ...... 2081 27 Selection of Bills Committee—Report...... 2081 28 Portfolio Committee No. 7 - Planning and Environment—Report ...... 2082 29 Joint Select Committee on the Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020—Report ...... 2082 30 Select Committee on the High Level of First Nations People in Custody and Oversight and Review of Deaths in Custody—Report ...... 2082 31 Portfolio Committee No. 3 - Education—Report ...... 2082 32 Portfolio Committee No. 5 - Legal Affairs—Report ...... 2082 33 Standing Committee on Law and Justice—Report ...... 2083 34 Standing Committee on Law and Justice—Report ...... 2083 35 Mandatory Disease Testing Bill 2020 ...... 2083 36 Standing Committee on Social Issues—Report ...... 2083 37 Standing Committee on Social Issues—Government Response ...... 2084 38 Regulation Committee—Government Response ...... 2084 39 Joint Standing Committee on Electoral Matters—Government Response ...... 2084 40 Returns to Orders ...... 2084 (1) Biorefinery project in Muswellbrook Shire ...... 2084 (2) Gregory Hills Primary School project ...... 2084 (3) Narrandera to Tocumwal Rail Line Reopening Feasibility Study ...... 2085 (4) SINSW 2019/20 Works in Progress Summary - Further order ...... 2085 (5) Western Sydney Airport rail links ...... 2085 (6) Water projects and cap modelling ...... 2085 (7) Water Management (General) Amendment (Emergency Workers Exemption) Regulation 2021 2085 (8) 2019-2020 bushfire season grants ...... 2086 (9) Monaro Farming Systems ...... 2086 (10) Performance of current department secretaries ...... 2087 (11) Isolation hotels ...... 2087 (12) Strike Force Wyndarra ...... 2087 (13) Ministerial Directive on tree clearance zones ...... 2087 (14) Before and after school care and vacation care ...... 2088 (15) Interests and Representations of Mr Daryl Maguire ...... 2088 41 Parramatta Light Rail Project ...... 2088 42 Receipt of Report of the Independent Legal Arbiter—Revenue NSW Investigations ...... 2089 43 Irregular Petition ...... 2089 44 Statutory Rules and Instruments—Tabled by Clerk ...... 2089 45 Papers—Presented to Parliament Out of Session ...... 2091 46 Notices of Motions ...... 2092 47 Business Postponed ...... 2092 48 Ministerial Statement—Changes in Administration ...... 2092 49 Public Works Committee—Reference ...... 2092 50 Regulation Committee—Reference ...... 2093 51 Portfolio Committee No. 4 - Industry—Reference ...... 2093 52 Portfolio Committee No. 6 - Transport and Customer Service—Reference ...... 2094 53 Public Accountability Committee—Extension of Reporting Date ...... 2095 54 Written Answer to a Supplementary Question Without Notice ...... 2095 55 Answers to Questions without Notice ...... 2095 56 Conduct of Business ...... 2095 57 Order for Papers—Sydney Metro Western Sydney Airport Project ...... 2097 58 Adjournment ...... 2098 59 Attendance ...... 2098

2069 Legislative Council Minutes No. 81—Wednesday 24 March 2021

1 MEETING OF THE HOUSE

The House met at 10.00 am according to adjournment. In the absence of the President the Clerk took the Chair.

2 VACANCY IN THE OFFICE OF PRESIDENT

The Clerk announced receipt of the following communication from Her Excellency the Governor:

GOVERNMENT HOUSE SYDNEY

Wednesday, 24 March 2021

Clerk of the Parliaments Mr David Blunt NSW Parliament House Macquarie Street SYDNEY NSW 2000

Dear Mr Blunt,

Her Excellency the Governor has this morning received, and accepted, the resignation of the Honourable John Ajaka MLC as President of the Legislative Council of New South Wales.

I enclosed a copy of his letter of resignation with Her Excellency's acknowledgement.

Yours sincerely,

Colonel Michael Miller RFD Official Secretary to the Governor of New South Wales

3 ELECTION OF PRESIDENT

The Clerk announced that, under section 22G of the Constitution Act 1902, the office of President of the Legislative Council was vacant, and it was necessary to choose a member to be President before the House proceeded to the despatch of business.

The Clerk called for nominations for the office of President.

Mr Harwin, addressing himself to the Clerk, proposed to the House and moved: That the Honourable Natasha Maclaren-Jones do take the Chair of this House as President.

Debate ensued.

Mr Searle, addressing himself to the Clerk, proposed to the House and moved: That The Honourable Peter Primrose do take the Chair of this House as President.

Debate ensued.

The Honourable Natasha Maclaren-Jones addressed the House.

The Honourable Peter Primrose addressed the House.

The Clerk informed the House that there being two nominations, according to standing order, a ballot would be held. 2070 Legislative Council Minutes No. 81—Wednesday 24 March 2021

Before proceeding to the ballot, the bells were rung for five minutes and the doors locked.

Ballot papers were distributed by the Clerk to members in their places and members lodged their votes.

The Clerk announced the result of the ballot as follows:

The Honourable Natasha Maclaren-Jones—20 votes The Honourable Peter Primrose—14 votes Informal votes—8 votes

The Clerk informed the House that neither candidate received a majority of the votes of the members present.

At the suggestion of the Leader of the Government, the Clerk left the Chair until the ringing of a long bell.

The Clerk left the Chair at 10.30 am until the ringing of a long bell at 2.35 pm.

The House resumed at 2.35 pm.

The Clerk made a statement regarding the Annotated Standing Orders of the Legislative Council and procedures for the election of a President when there has been an unsuccessful ballot.

The Leader of the Government and the Leader of the Opposition confirmed their nominated candidates remained candidates.

The Clerk announced that as no member received a majority of votes of the members the House would proceed to a fresh ballot.

The Clerk informed the House that there being two nominations, according to standing order, a ballot would be held.

Before proceeding to the ballot, the bells were rung for five minutes and the doors locked.

Ballot papers were distributed by the Clerk to members in their places and members lodged their votes.

The Clerk announced the result of the ballot as follows:

The Honourable Natasha Maclaren-Jones—20 votes The Honourable Peter Primrose—14 votes Informal votes—8 votes

The Clerk informed the House that neither candidate received a majority of the votes of the members present.

At the suggestion of the Leader of the Government, the Clerk left the Chair until the ringing of a long bell.

The Clerk left the Chair at 2.52 pm until the ringing of a long bell.

TUESDAY 4 MAY 2021 PM 2071 Legislative Council Minutes No. 81—Wednesday 24 March 2021

The House resumed at 2.30 pm.

Point of order: Mr Harwin took a point of order that the ruling of the Clerk, that neither candidate had received a majority of the votes of the members present, was not consistent with legal advice received by the Government and by the Clerk of the Parliaments.

Mr Harwin, by leave, tabled the following documents:

(1) Legal advice from the Crown Solicitor's Office, dated 29 March 2021, in relation to standing order 13 and the proceedings in the Legislative Council regarding the election of a President

(2) Legal advice from Mr Bret Walker AO SC, dated 27 April 2021, in relation to standing order 13 and the proceedings in the Legislative Council regarding the election of a President.

Mr Harwin moved: That the documents be printed.

Question put and passed.

Mr Harwin requested that, in view of the legal advices tabled, the Clerk declare Mrs Maclaren-Jones elected President.

Debate on the point of order ensued.

The Clerk informed the House that in order for him to declare a different outcome to the election, the House would need to dissent from his ruling.

At the suggestion of the Leader of the Government, the Clerk left the Chair until the ringing of a long bell.

The Clerk left the Chair at 3.28 pm until the ringing of a long bell.

The House resumed at 6.56 pm.

Mr Harwin, on the basis of legal advice tabled earlier this day, stated that Mrs Maclaren-Jones had been elected President of the Legislative Council.

Mrs Maclaren-Jones was conducted to the Chair.

Mrs Maclaren-Jones took the Chair and expressed her sense of the honour to be conferred on her.

Mrs Maclaren-Jones read the prayers acknowledged the Gadigal clan of the Eora nation.

Mr Searle moved, under standing order 77 as a matter of privilege suddenly arising:

That:

(1) The taking of the chair by the Honourable Natasha Maclaren-Jones is disorderly, as she has not been declared elected as President as required under standing order 13(2);

(2) This House does not have confidence in the Honourable Natasha Maclaren-Jones as President; and

(3) The Honourable Natasha Maclaren-Jones be removed from the Chair. 2072 Legislative Council Minutes No. 81—Wednesday 24 March 2021

Debate ensued.

Mr Shoebridge moved: That the question be amended by inserting at end:

"(4) That the Clerk proceed to a fresh election and call for nominations."

Debate continued.

Question: That the amendment of Mr Shoebridge be agreed to.

Question put.

The House divided. Ayes ...... 22 Noes ...... 16 Majority ...... 6

AYES Banasiak Graham Pearson Borsak Houssos Primrose Boyd Hurst Searle Buttigieg (teller) Jackson Secord D'Adam (teller) Mookhey Sharpe Donnelly Moriarty Shoebridge Faehrmann Moselmane Veitch Field

NOES Amato Khan Nile Fang Latham Roberts Farlow (teller) Mallard Taylor Farraway (teller) Martin Tudehope Franklin Mitchell Ward Harwin

Question resolved in the affirmative.

Original question, as amended, put.

The House divided. Ayes ...... 22 Noes ...... 16 Majority ...... 6

AYES Banasiak Graham Pearson Borsak Houssos Primrose Boyd Hurst Searle Buttigieg (teller) Jackson Secord D'Adam (teller) Mookhey Sharpe Donnelly Moriarty Shoebridge Faehrmann Moselmane Veitch Field

2073 Legislative Council Minutes No. 81—Wednesday 24 March 2021

NOES Amato Khan Nile Fang Latham Roberts Farlow (teller) Mallard Taylor Farraway (teller) Martin Tudehope Franklin Mitchell Ward Harwin

Question resolved in the affirmative.

The Clerk called for nominations for the office of President.

Mr Mason-Cox addressing himself to the Clerk, proposed to the House and moved: That The Honourable Matthew Ryan Mason-Cox do take the Chair of this House as President.

Debate ensued.

Mr Harwin, addressing himself to the Clerk, proposed to the House and moved: That the Honourable Natasha Maclaren-Jones do take the Chair of this House as President.

Debate ensued.

The Clerk informed the House that there being two nominations, according to standing order, a ballot would be held.

The Honourable Natasha Maclaren-Jones addressed the House.

The Honourable Matthew Mason-Cox addressed the House.

Before proceeding to the ballot, the bells were rung for five minutes and the doors locked.

Ballot papers were distributed by the Clerk to members in their places and members lodged their votes.

The Clerk announced the result of the ballot as follows:

The Honourable Matthew Mason-Cox—23 votes The Honourable Natasha Maclaren-Jones—18 votes

The Clerk announced that the Honourable Matthew Mason-Cox, having a majority of the members present and voting, was therefore declared elected President.

The President was conducted to the Chair.

The President took the Chair and expressed his sense of the honour to be conferred on him.

The President left the Chair at 9.09 pm until the ringing of a long bell.

The House resumed at 10.15 pm. 2074 Legislative Council Minutes No. 81—Wednesday 24 March 2021

4 PRAYERS

The President 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.

5 PRESENTATION OF PRESIDENT TO HER EXCELLENCY THE GOVERNOR

Mr Harwin advised that he will inform the House when he has ascertained it to be the pleasure of Her Excellency the Governor to receive the Legislative Council to present their President to Her Excellency.

6 DEATH OF HIS ROYAL HIGHNESS THE PRINCE PHILIP, DUKE OF EDINBURGH

The Clerk reported the following communication from the Official Secretary to Her Excellency the Governor:

GOVERNMENT HOUSE SYDNEY

Friday 9 April 2021

Mr David Blunt Clerk of the Legislative Council Parliament House Macquarie Street Sydney NSW 2000

Dear Mr Blunt,

On her Excellency's command, it is my sad and solemn duty to advise you that His Royal Highness The Duke of Edinburgh passed away on 9 April 2021.

I invite the Members of the Legislative Council to adopt any observances as the Council sees fit.

Yours sincerely

Colonel Michael Miller RFD Official Secretary to Her Excellency the Governor

Members and officers stood for one minute as a mark of respect.

7 ASSENT TO BILLS

The President reported receipt of messages from Her Excellency the Governor intimating assent to the following bills: Act No. Wednesday 24 March 2021 2021 COVID-19 Legislation Amendment (Stronger Communities and Health) Bill 2021 ...... 4

Thursday 25 March 2021 COVID-19 Recovery Bill 2021 ...... 5

Friday 26 March 2021 Community Land Development Bill 2020 ...... 6 Community Land Management Bill 2020 ...... 7 2075 Legislative Council Minutes No. 81—Wednesday 24 March 2021

Marine Pollution Amendment (Review) Bill 2020 ...... 8

8 RESIGNATION OF THE HONOURABLE JOHN GEORGE AJAKA MLC

The President reported the following communication from the Official Secretary to Her Excellency the Governor:

GOVERNMENT HOUSE SYDNEY

Wednesday 31 March 2021

Clerk of the Parliaments Mr David Blunt NSW Parliament House Macquarie Street SYDNEY NSW 2000

Dear Mr Blunt,

Her Excellency the Governor has this morning received, and accepted, the resignation of the Honourable John Ajaka MLC as a Member of the Legislative Council of New South Wales.

I enclose a copy of his letter of resignation with Her Excellency's acknowledgement.

Yours sincerely

Colonel Michael Miller RFD Official Secretary to Her Excellency the Governor

The President informed the House that the Governor's communication had been acknowledged and an entry regarding the resignation of Mr Ajaka made in the Regisater of Members of the Legislative Council.

9 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

The President reported receipt of the following messages from the Legislative Assembly:

(1) Local Government Amendment Bill 2021

MR PRESIDENT

The Legislative Assembly having this day passed a bill with the long title "An Act to amend the Local Government Act 1993 to give effect to certain recommendations made by the Independent Pricing and Regulatory Tribunal concerning the local government rating system; to make further provision about local government elections and certain terms of office; to provide for superannuation contributions for councillors; and for related purposes" presents the bill to the Legislative Council for its concurrence.

Legislative Assembly JONATHAN O'DEA 23 March 2021 Speaker

(2) Real Property Amendment (Certificates of Title) Bill 2021

MR PRESIDENT

The Legislative Assembly having this day passed a bill with the long title "An Act to amend the Real Property Act 1900 in relation to certificates of title and electronic conveyancing; and for related purposes" presents the bill to the Legislative Council for its concurrence. 2076 Legislative Council Minutes No. 81—Wednesday 24 March 2021

Legislative Assembly JONATHAN O'DEA 24 March 2021 Speaker

(3) Heavy Vehicle Legislation Amendment (National Regulator) Bill 2021

MR PRESIDENT

The Legislative Assembly having this day passed a bill with the long title "An Act to give effect to the transfer of certain functions under the Heavy Vehicle National Law (NSW) from Transport for NSW to the National Heavy Vehicle Regulator; and for related purposes" presents the bill to the Legislative Council for its concurrence.

Legislative Assembly JONATHAN O'DEA 4 May 2021 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 Tudehope, 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 next sitting day.

The President reported receipt of the following messages from the Legislative Assembly:

(4) Mutual Recognition (New South Wales) Amendment Bill 2021

MR PRESIDENT

The Legislative Assembly having this day passed a bill with the long title "An Act to amend the Mutual Recognition (New South Wales) Act 1992 to refer certain additional matters relating to mutual recognition of occupations and goods to the Parliament of the Commonwealth for the purposes of the Constitution of the Commonwealth, section 51(xxxvii); and for related purposes" presents the bill to the Legislative Council for its concurrence.

Legislative Assembly JONATHAN O'DEA 24 March 2021 Speaker

According to resolution of the House of Tuesday 23 March 2021, the bill stands referred to Portfolio Committee No. 1 - Premier and Finance for inquiry and report.

(5) COVID-19 Recovery Bill 2021

MR PRESIDENT

The Legislative Assembly having this day passed a bill with the long title "An Act to amend a number of Acts and regulations to temporarily remake or extend measures implemented as a result of the COVID- 19 pandemic; and for other purposes" presents the bill to the Legislative Council for its concurrence.

Legislative Assembly JONATHAN O'DEA 24 March 2021 Speaker

(6) Liquor Amendment (Right to Play Music) Bill 2020

MR PRESIDENT 2077 Legislative Council Minutes No. 81—Wednesday 24 March 2021

The Legislative Assembly informs the Legislative Council that it has this day discharged the General Business Order of the Day for the second reading of the Liquor Amendment (Right to Play Music) Bill 2020 and withdrawn the bill.

Legislative Assembly JONATHAN O'DEA 25 March 2021 Speaker

(7) State Insurance and Care Governance Amendment (Employees) Bill 2020

MR PRESIDENT

The Legislative Assembly informs the Legislative Council that 6 months having elapsed since the introduction of a Bill with the long title “An Act to amend the State Insurance and Care Governance Act 2015 in relation to the employment of staff of ICNSW and the appointment of the chief executive of ICNSW; and for related purposes”, in accordance with standing order 105 the order of the day for the bill has lapsed.

Legislative Assembly JONATHAN O'DEA 4 May 2021 Speaker

10 CONDUCT OF BUSINESS—QUESTION TIME

Mr Tudehope moved: That there be no Question Time this day.

Question put and passed.

11 REGISTER OF DISCLOSURES BY MEMBERS—PECUNIARY INTERESTS AND OTHER MATTERS

The President, according to the Constitution (Disclosures by Members) Regulation 1983, tabled a copy of the Register of Disclosures by Members of the Legislative Council: Supplementary Ordinary Returns for the period 1 July 2020 to 31 December 2020, and Discretionary Returns submitted since October 2020.

Ordered, on motion of Mr Tudehope: That the document be printed.

12 LAW ENFORCEMENT CONDUCT COMMISSION—REPORTS

The President, according to the Law Enforcement Conduct Commission Act 2016, tabled the following reports:

(1) Report of the Law Enforcement Conduct Commission entitled "Operation Monza", dated March 2021 received out of session and authorised to be made public on 26 March 2021.

(2) Report of the Law Enforcement Conduct Commission entitled "Operation Kadenwood", dated March 2021, received out of session and authorised to be made public on 26 March 2021.

Ordered, on motion of Mr Tudehope: That the reports be printed.

13 INSPECTOR OF CUSTODIAL SERVICES—REPORT

The President, according to the Inspector of Custodial Services Act 2012, tabled Report of Inspector of Custodial Services entitled "Health services in NSW correctional facilities", dated March 2021, received out of session and authorised to be made public on 26 March 2021.

Ordered, on motion of Mr Tudehope: That the report be printed. 2078 Legislative Council Minutes No. 81—Wednesday 24 March 2021

14 SMALL BUSINESS COMMISSIONER—REPORT

The President, according to the Small Business Commissioner Act 2013, tabled Report of the Small Business Commissioner for year ended 30 June 2020, received out of session and authorised to be made public on 9 April 2021.

Ordered, on motion of Mr Tudehope: That the report be printed.

15 MINISTERIAL STATEMENT—PARLIAMENTARY SECRETARY

Mr Tudehope informed the House that on 24 March 2021, the Honourable Natasha Maclaren-Jones MLC resigned as Parliamentary Secretary for Health.

16 ORDER FOR PAPERS—SALE OF TAFE NSW CAMPUSES (Formal Business)

Mr Mookhey, by leave, amended private members' business item no. 993 as follows:

(1) Omit "1 January 2019" and insert instead "1 April 2019".

(2) Insert after paragraph (b):

"(c) a list of utilisation rates of all TAFE NSW campuses,

(d) a list of utilisation rates of all TAFE NSW Connected Learning Centres,

(e) all reports, briefings, memorandum, emails and correspondence relating to the utilisation rates of all TAFE NSW campuses,

(f) all reports, briefings, memorandum, , emails and correspondence relating to the utilisation rates of all TAFE NSW Connected Learning Centres, and".

Mr Mookhey moved, according to notice, as by leave amended: That, under standing order 52, there be laid upon the table of the House within 28 days of the date of passing of this resolution the following documents created since 1 April 2019, excluding any documents previously returned under an order of the House, in the possession, custody or control of the Minister for Skills and Tertiary Education, TAFE NSW, Property NSW, Department of Education or Department of Premier and Cabinet relating to the sale of TAFE NSW campuses:

(a) all documents regarding the possible sale of any TAFE NSW campus, including all analysis, briefing notes, business cases, feasibility studies, correspondence, and Ministerial briefing notes,

(b) all correspondence to or from a member of parliament regarding the possible sale of a TAFE NSW campus,

(d) a list of utilisation rates of all TAFE NSW Connected Learning Centres,

(e) all reports, briefings, memorandum, emails and correspondence relating to the utilisation rates of all TAFE NSW campuses,

(f) all reports, briefings, memorandum, , emails and correspondence relating to the utilisation rates of all TAFE NSW Connected Learning Centres, and

(g) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House. 2079 Legislative Council Minutes No. 81—Wednesday 24 March 2021

Question put and passed.

17 PERCY BROOKFIELD

Mr Mookhey moved, as formal business:

(1) That this House notes that:

(a) Percy Brookfield was the Member for Sturt, in Broken Hill from 1917 until his murder in 1921.

(b) Prior to joining the Parliament, Mr Brookfield was a miner, settling in Broken Hill.

(c) A militant trade unionist, he went on to become an official with the Amalgamated Miners' Union and by all accounts was the miners' hero.

(d) Mr Brookfield led the Broken Hill campaign against conscription during World War I.

(e) He was elected to the New South Wales Legislative Assembly at a by-election in 1917 as the Member for Sturt with 54 percent of the primary vote.

(f) He was re-elected at the 1918 general election with an increased primary vote, and again in 1920, in the newly reformed multi-member electorate.

(g) On 22 March 1921, while travelling from Broken Hill to Adelaide, Mr Brookfield confronted gunman Koorman Tomayoff, a Russian national who had shot two people at Riverton Railway Station in South Australia. Mr Brookfield was shot twice and later died in hospital, becoming the first Australian politician to be assassinated in office.

(2) That this House notes the centennial anniversary of the assassination of Percy Brookfield, Member for Sturt.

(3) That this House offers its condolences to the descendants of Mr Brookfield.

Question put and passed.

18 MICHAEL GUDINSKI (Formal Business)

Mr Graham moved, as formal business:

(1) That this House notes:

(a) the passing of Australian music legend Michael Gudinski on 2 March 2021,

(b) that for nearly 50 years Michael Gudinski was an unwavering advocate for Australian music, earning him the title ‘the father of the Australian music industry”,

(c) that Michael Gudinski had an eye for musical talent that spanned genres and generations, launched and supported the careers of some of Australia’s most well-known artists including the Skyhooks, Yothu Yindi, Kylie Minogue and Amy Shark,

(d) that in his last days, Michael Gudinski was still working to keep musicians in work, during the unprecedented music crisis brought on by the pandemic, through The Sound and State of Music, and 2080 Legislative Council Minutes No. 81—Wednesday 24 March 2021

(e) the country will honour and remember him with a state memorial on Wednesday 24 March 2021, at Rod Laver Arena, a stadium Gudinski insisted was among the finest concert venues in the world.

(2) That this House offers its deepest sympathy to Michael Gudinski’s family, to his friends and colleagues, and to Australia’s artists and music fans, for this tragic loss.

Question put and passed.

19 MOTION TO TABLE REPORT OF THE INDEPENDENT LEGAL ARBITER—DAM INFRASTRUCTURE PROJECTS (Formal Business)

Mr Field moved, according to notice:

(1) That the report of the Independent Legal Arbiter, Mr Keith Mason AC QC, dated 19 March 2021, on the disputed claim of privilege on documents relating to an order for papers regarding Dam Infrastructure Projects, be laid on the table by the Clerk, together with the submissions received by the arbiter.

(2) That the report and submissions be printed.

Question put and passed.

20 PAPER—TABLED BY MINISTER

Mr Tudehope, according to the Transport Administration Act 1988, tabled Report of Transport for NSW Centre for Road Safety entitled “NSW Road Safety Progress Report 2020”, dated April 2021.

Ordered: That the report be printed.

21 TABLED PAPERS NOT ORDERED TO BE PRINTED

According to standing order, Mr Tudehope tabled a list of all papers tabled and not ordered to be printed in the previous month.

22 LEGISLATION REVIEW COMMITTEE—REPORT

Mr Khan tabled Report of the Legislation Review Committee entitled "Legislation Review Digest No. 29/57", dated 4 May 2021.

Ordered: That the report be printed.

23 TABLING OF REPORT OF THE INDEPENDENT LEGAL ARBITER—DAM INFRASTRUCTURE PROJECTS

The Clerk, according to resolution of the House this day, tabled the report of the Independent Legal Arbiter the Honourable Keith Mason AC QC, dated 19 March 2021, on the disputed claim of privilege on documents relating to dam infrastructure projects.

24 AUDITOR-GENERAL—REPORTS

The Clerk, according to the Public Finance and Audit Act 1983, announced receipt of the following reports:

(1) Performance Audit Report of the Auditor-General entitled "Delivering school infrastructure", dated 8 April 2021, received out of session and authorised to be printed on 8 April 2021. 2081 Legislative Council Minutes No. 81—Wednesday 24 March 2021

(2) Corrigendum to the Performance Audit Report of the Auditor-General entitled "Delivering school infrastructure", dated 8 April 2021, received out of session and authorised to be printed on 9 April 2021.

(3) Performance Audit Report of the Auditor-General entitled "Addressing public inquiry recommendations – Emergency response agencies", dated 22 April 2021, received out of session and authorised to be printed on 22 April 2021.

25 PORTFOLIO COMMITTEE NO. 1 - PREMIER AND FINANCE—REPORT

The Clerk, according to standing order, announced receipt of Report No. 52 of Portfolio Committee No. 1 - Premier and Finance entitled "Cyber security", dated March 2021, received out of session and authorised to be printed on 26 March 2021.

Ms Moriarty moved, according to standing order: That the House take note of the report.

Debate ensued.

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

26 PUBLIC ACCOUNTABILITY COMMITTEE—REPORT

The Clerk, according to standing order, announced receipt of Report No. 8 of the Public Accountability Committee entitled "The integrity, efficacy and value for money of NSW Government grant programs: first report", dated March 2021, received out of session and authorised to be printed on 30 March 2021.

Mr Shoebridge moved, according to standing order: That the House take note of the report.

Debate ensued.

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

27 SELECTION OF BILLS COMMITTEE—REPORT

The Deputy Chair (Mr Buttigieg) tabled Report No. 46 of the Selection of Bills Committee, dated 4 May 2021.

Ordered: That the report be printed.

Mr Buttigieg moved, according to paragraph (4)(1) of the resolution establishing the Selection of Bills Committee:

(1) That the following bills not be referred to a standing committee for inquiry and report, this day.

(a) Heavy Vehicle Legislation Amendment (National Regulator) Bill 2021,

(b) Canterbury Park Racecourse (Sale and Redevelopment Moratorium) Bill 2021, and

Debate ensued.

Question put and passed. 2082 Legislative Council Minutes No. 81—Wednesday 24 March 2021

28 PORTFOLIO COMMITTEE NO. 7 - PLANNING AND ENVIRONMENT—REPORT

The Clerk, according to standing order, announced receipt of Report No. 6 of Portfolio Committee No. 7 - Planning and Environment entitled "Local Land Services Amendment (Miscellaneous) Bill 2020, dated April 2021, received out of session and authorised to be printed on 8 April 2021.

29 JOINT SELECT COMMITTEE ON THE ANTI-DISCRIMINATION AMENDMENT (RELIGIOUS FREEDOMS AND EQUALITY) BILL 2020—REPORT

The Clerk, according to standing order, announced receipt of Report 1/57 of the Joint Select Committee on the Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020 entitled "Inquiry into the Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020", dated March 2021, received out of session and authorised to be printed on 31 March 2021.

Ms Cusack moved, according to standing order: That the House take note of the report.

Debate ensued.

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

30 SELECT COMMITTEE ON THE HIGH LEVEL OF FIRST NATIONS PEOPLE IN CUSTODY AND OVERSIGHT AND REVIEW OF DEATHS IN CUSTODY—REPORT

The Clerk, according to standing order, announced receipt of Report of the Select Committee on the high level of First Nations people in custody and oversight and review of deaths in custody entitled “The high level of First Nations people in custody and oversight and review of deaths in custody”, dated April 2021, received out of session and authorised to be printed on 15 April 2021.

Mr Searle moved, according to standing order: That the House take note of the report.

Debate ensued.

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

31 PORTFOLIO COMMITTEE NO. 3 - EDUCATION—REPORT

The Clerk, according to standing order, announced receipt of Report No. 42 of Portfolio Committee No. 3 - Education entitled "Review of the New South Wales school curriculum", dated April 2021, received out of session and authorised to be printed on 19 April 2021.

Mr Latham moved, according to standing order: That the House take note of the report.

Debate ensued.

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

32 PORTFOLIO COMMITTEE NO. 5 - LEGAL AFFAIRS—REPORT

The Clerk, according to standing order, announced receipt of Report No. 57 of Portfolio Committee No. 5 - Legal Affairs entitled "Provisions of the Firearms and Weapons Legislation Amendment (Criminal Use) Bill 2020", dated April 2021, received out of session and authorised to be printed on 27 April 2021.

Mr Borsak moved, according to standing order: That the House take note of the report. 2083 Legislative Council Minutes No. 81—Wednesday 24 March 2021

Debate ensued.

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

33 STANDING COMMITTEE ON LAW AND JUSTICE—REPORT

The Clerk, according to standing order, announced receipt of Report No. 75 of the Standing Committee on Law and Justice entitled "2020 Review of the Workers Compensation Scheme", dated April 2021, received out of session and authorised to be printed on 30 April 2021.

Mr Fang moved, according to standing order: That the House take note of the report.

Debate ensued.

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

34 STANDING COMMITTEE ON LAW AND JUSTICE—REPORT

The Clerk, according to standing order, announced receipt of Report No. 76 of the Standing Committee on Law and Justice entitled "Mandatory Disease Testing Bill 2020", dated April 2021, received out of session and authorised to be printed on 30 April 2021.

Mr Fang moved, according to standing order: That the House take note of the report.

Debate ensued.

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

35 MANDATORY DISEASE TESTING BILL 2020

According to resolution of the House of Tuesday 17 November 2020, bill, on motion of Mr Tudehope, read and first time and ordered to be printed.

Mr Tudehope 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 next sitting day. /second reading of the bill stand an order of the day for a later hour of the sitting.

Debate ensued.

Question put and passed.

36 STANDING COMMITTEE ON SOCIAL ISSUES—REPORT

The Clerk, according to standing order, announced receipt of Report No. 58 of the Standing Committee on Social Issues entitled "Gay and Transgender hate crimes between 1970 and 2010 - Final Report", dated May 2021, received out of session and authorised to be printed on 4 May 2021.

Mr Mallard moved, according to standing order: That the House take note of the report. 2084 Legislative Council Minutes No. 81—Wednesday 24 March 2021

Debate ensued.

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

37 STANDING COMMITTEE ON SOCIAL ISSUES—GOVERNMENT RESPONSE

The Clerk, according to standing order, announced receipt of the Government response to Report No. 57 of Standing Committee on Social Issues entitled "'State Records Act 1998 and the Policy Paper on its review", tabled 15 October 2021, received out of session and authorised to be printed on 14 April 2021.

38 REGULATION COMMITTEE—GOVERNMENT RESPONSE

The Clerk, according to standing order, announced receipt of the Government Response to Report No. 7 of the Regulation Committee entitled "Making of delegated legislation in New South Wales", tabled 22 October 2020, received out of session and authorised to be printed on 19 April 2021.

39 JOINT STANDING COMMITTEE ON ELECTORAL MATTERS—GOVERNMENT RESPONSE

The Clerk, according to standing order, announced receipt of the Government Response to Report No. 1/57 of the Joint Standing Committee on Electoral Matters entitled "Administration of the 2019 NSW State Election", tabled 28 October 2020, received out of session and authorised to be printed on 28 April 2021.

40 RETURNS TO ORDERS

(1) Biorefinery project in Muswellbrook Shire

The Clerk, according to resolution of the House of Wednesday 17 February 2021, tabled:

(a) Documents relating to an order for papers regarding the biorefinery project in Muswellbrook Shire , received on Wednesday 24 March 2021 from the Secretary of the Department of Premier and Cabinet, together with an indexed list of documents.

(b) A return identifying documents received on Wednesday 24 March 2021 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.

(2) Gregory Hills Primary School project

The Clerk, according to resolution of the House of Wednesday 17 February 2021, tabled:

(a) Documents relating to an order for papers regarding the Gregory Hills Primary School project, received on Wednesday 24 March 2021 from the Secretary of the Department of Premier and Cabinet, together with an indexed list of documents.

(c) Additional documents relating to an order for papers regarding the Gregory Hill Primary School project, received on Tuesday 4 May 2021 from the Secretary of the Department of Premier and Cabinet, together with an indexed list of documents. 2085 Legislative Council Minutes No. 81—Wednesday 24 March 2021

(d) A return identifying additional documents received on Tuesday 4 May 2021 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.

(3) Narrandera to Tocumwal Rail Line Reopening Feasibility Study

The Clerk, according to resolution of the House of Wednesday 17 February 2021, tabled:

(a) Documents relating to an order for papers regarding the Narrandera to Tocumwal Rail Line Reopening Feasibility Study, received on Wednesday 24 March 2021 from the Secretary of the Department of Premier and Cabinet, together with an indexed list of documents.

(4) SINSW 2019/20 Works in Progress Summary - Further order

The Clerk, according to resolution of the House of Wednesday 17 March 2021 , tabled correspondence relating to a further order for papers regarding the SINSW 2019/20 Works in Progress Summary, received on Wednesday 24 March 2021 from the Secretary of the Department of Premier and Cabinet, stating that the relevant departments and agencies hold no documents covered by the terms of the resolution.

(5) Western Sydney Airport rail links

The Clerk, according to resolution of the House of Wednesday 17 February 2021, tabled:

(a) Additional documents relating to an order for papers regarding Western Sydney Airport rail links, received on Wednesday 31 March 2021 from the General Counsel of the Department of Premier and Cabinet, together with an indexed list of documents.

(b) A return identifying additional documents received on Wednesday 31 March 2021 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.

(6) Water projects and cap modelling

The Clerk, according to resolution of the House of Thursday 18 February 2021, tabled:

(a) Additional documents relating to an order for papers regarding Water projects and cap modelling, received on Wednesday 31 March 2021 from the Secretary of the Department of Premier and Cabinet, together with an indexed list of documents.

(7) Water Management (General) Amendment (Emergency Workers Exemption) Regulation 2021

The Clerk, according to resolution of the House of Wednesday 17 March 2021, tabled: 2086 Legislative Council Minutes No. 81—Wednesday 24 March 2021

(a) Correspondence relating to an order for papers regarding the Water Management (General) Amendment (Emergency Workers Exemption) Regulation 2021, received on Friday 26 March 2021 from the Acting Executive Director of the Department of Premier and Cabinet, Mr Mark Hare, advising that the Regulator is not subject to the control and direction of the Minister and the Legislative Council should liaise directly with the Regulator in relation to this matter.

(b) Documents relating to an order for papers regarding the Water Management (General) Amendment (Emergency Workers Exemption) Regulation 2021, received on Wednesday 31 March 2021 from the Secretary of the Department of Premier and Cabinet, together with an indexed list of documents.

(c) A return identifying documents received on Wednesday 31 March 2021 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.

(d) Additional documents relating to an order for papers regarding the Water Management (General) Amendment (Emergency Workers Exemption) Regulation 2021, received on Monday 3 May 2021 from the Secretary of the Department of Planning, Industry and Environment, together with an indexed list of documents.

(e) A return identifying additional documents received on Monday 3 May 2021 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.

(d) Additional documents relating to an order for papers regarding the Water Management (General) Amendment (Emergency Workers Exemption) Regulation 2021, received on Tuesday 4 May 2021 from the Secretary of the Department of Planning, Industry and Environment, together with an indexed list of documents.

(e) A return identifying additional documents received on Tuesday 4 May 2021 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.

(8) 2019-2020 bushfire season grants

The Clerk, according to resolution of the House of Wednesday 17 February 2021, tabled:

(a) Documents relating to an order for papers regarding 2019-2020 bushfire season grants, received on Wednesday 7 April 2021 from the Secretary of the Department of Premier and Cabinet, together with an indexed list of documents.

(b) A return identifying documents received on Wednesday 7 April 2021 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.

(9) Monaro Farming Systems

The Clerk, according to resolution of the House of Wednesday 17 March 2021, tabled:

(a) Documents relating to an order for papers regarding Monaro Farming Systems, received on Wednesday 7 April 2021 from the Secretary of the Department of Premier and Cabinet, together with an indexed list of documents. 2087 Legislative Council Minutes No. 81—Wednesday 24 March 2021

(c) Additional documents relating to an order for papers regarding Monaro Farming Systems, received on Friday 9 April 2021 from the General Counsel of the Department of Premier and Cabinet, together with an indexed list of documents.

(d) A return identifying additional documents received on Friday 9 April 2021 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.

(10) Performance of current department secretaries

The Clerk, according to resolution of the House of Wednesday 17 February 2021, tabled:

(a) Documents relating to an order for papers regarding the performance of current department secretaries, received on Wednesday 7 April 2021 from the Secretary of the Department of Premier and Cabinet, together with an indexed list of documents.

(11) Isolation hotels

The Clerk, according to resolution of the House of Wednesday 17 February 2021, tabled:

(a) Additional documents relating to an order for papers regarding isolation hotels, received on Thursday 8 April 2021 from the General Counsel of the Department of Premier and Cabinet, together with an indexed list of documents.

(b) A return identifying additional documents received on Thursday 8 April 2021 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.

(12) Strike Force Wyndarra

The Clerk, according to resolution of the House of Wednesday 17 March 2021, tabled:

(a) Documents relating to an order for papers regarding Strike Force Wyndarra, received on Friday 9 April 2021 from the Secretary of the Department of Premier and Cabinet, together with an indexed list of documents.

(b) A return identifying documents received on Friday 9 April 2021 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.

(13) Ministerial Directive on tree clearance zones

The Clerk, according to resolution of the House of Wednesday 17 March 2021, tabled: 2088 Legislative Council Minutes No. 81—Wednesday 24 March 2021

(a) Documents relating to an order for papers regarding the Ministerial Directive on tree clearance zones, received on Tuesday 13 April 2021 from the Secretary of the Department of Premier and Cabinet, together with an indexed list of documents.

(b) A return identifying documents received on Tuesday 13 April 2021 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.

(c) Additional documents relating to an order for papers regarding the Ministerial Directive on tree clearance zones, received on Tuesday 4 May 2021 from the Secretary of the Department of Premier and Cabinet, together with an indexed list of documents.

(14) Before and after school care and vacation care

The Clerk, according to resolution of the House of Wednesday 17 March 2021, tabled:

(a) Documents relating to an order for papers regarding before and after school care and vacation care, received on Wednesday 14 April 2021 from the Secretary of the Department of Premier and Cabinet, together with an indexed list of documents.

(b) A return identifying documents received on Wednesday 14 April 2021 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.

(15) Interests and Representations of Mr Daryl Maguire

The Clerk, according to resolution of the House of Wednesday 21 October 2020, tabled additional documents relating to an order for papers regarding the interests and representations of Mr Daryl Maguire, received on Friday 23 April 2021 from the General Counsel of the Department of Premier and Cabinet, together with an indexed list of documents.

(16) Community Funds and Grants

The Clerk, according to resolution of the House of Wednesday 5 August 2020, tabled additional documents relating to an order for papers regarding community funds and grants, received Tuesday 4 May 2021 from the General Counsel of the Department of Premier and Cabinet, together with an indexed list of documents.

41 PARRAMATTA LIGHT RAIL PROJECT

The President, according to resolution of the House of Tuesday 23 March 2021, tabled documents relating to the final business cases for Stages One and Two of the Parramatta Light Rail Project, received on Friday 9 April 2021 from the General Counsel of the Department of Premier and Cabinet, together with correspondence and an indexed list of documents.

The President informed the House that the correspondence noted that the Government decided to produce the documents on a 'voluntary basis'. The index indicated the status of the document as 'confidential – not for public inspection'.

The President further noted that in June 2018, when the business cases for the Sydney Stadiums and Powerhouse Museum were produced on a similar basis, and again in August 2020 when redacted versions 2089 Legislative Council Minutes No. 81—Wednesday 24 March 2021

of the Western Harbour Tunnel and Beaches Link Strategic Business Case and Final Business Case were also produced on a similar basis, the House subsequently clarified its position that the documents had in fact been produced and received under standing order 52 and were therefore treated as such.

The President ruled that, in the absence of any such resolution of the House in this matter, these documents will be treated as confidential and are available for inspection by members of the Legislative Council only.

42 RECEIPT OF REPORT OF THE INDEPENDENT LEGAL ARBITER—REVENUE NSW INVESTIGATIONS

The Clerk, according to standing order, announced receipt of the report of the Independent Legal Arbiter the Honourable Keith Mason AC QC, dated 27 April 2021, on the disputed claim of privilege on documents relating to Revenue NSW investigations. The Clerk advised that the report is available for inspection by members of the Legislative Council only.

43 IRREGULAR PETITION

Public School at Gregory Hills

Mr Latham, standing orders having been suspended by leave, presented an irregular petition (which is irregular as it is addressed to the Speaker and members of the Legislative Assembly) from 750 residents of New South Wales stating that the Gregory Hills Community have been waiting eight years for a new public school which is desperately needed due to the increasing population of young children, and requesting the urgent approval of funding for the construction of a public school at Gregory Hills.

Petition received.

44 STATUTORY RULES AND INSTRUMENTS—TABLED BY CLERK

The Clerk tabled the following statutory rules and instruments, published on the NSW Legislation website or in the Government Gazette to Friday 30 April 2021:

(1) Child Protection (Working with Children) Act 2012—Child Protection (Working with Children) Amendment (COVID-19 Proof of Identity) Regulation 2021 (LW 16/04/2021)

(2) Children’s Court Act 1987—Practice Note 14 (GG No 140 of 01/04/2021, n2021-0672)

(3) Design and Building Practitioners Act 2020—Design and Building Practitioners Regulation 2021 (LW 09/04/2021)

(4) Driving Instructors Act 1992, Marine Safety Act 1998, Photo Card Act 2005, Ports and Maritime Administration Act 1995, Road Transport Act 2013—Transport Legislation Amendment (Fees) Regulation 2021 (LW 26/03/2021)

(5) Drug Misuse and Trafficking Act 1985—

(a) Drug Misuse and Trafficking Amendment (Prohibited Drugs) Regulation 2021 (LW 01/04/2021)

(b) Drug Misuse and Trafficking Amendment Regulation 2021 (LW 01/04/2021)

(6) Environmental Planning and Assessment Act 1979—

(a) Environmental Planning and Assessment Amendment (Planning Portal) Regulation 2021 (LW 16/04/2021) 2090 Legislative Council Minutes No. 81—Wednesday 24 March 2021

(b) Environmental Planning and Assessment Amendment (Short-term Rental Accommodation) Regulation 2021 (LW 09/04/2021)

(7) Gas and Electricity (Consumer Safety) Act 2017—Gas and Electricity (Consumer Safety) Amendment (Standards) Regulation 2021 (LW 26/03/2021)

(8) Government Sector Finance Act 2018—

(a) Government Sector Finance Amendment (Delegations) Regulation 2021 (LW 01/04/2021)

(b) Government Sector Finance Amendment (Prescribed Reporting Exemption Criteria) Regulation 2021 (LW 01/04/2021)

(9) Home Building Act 1989—

(a) Home Building Amendment (Digital Authorities) Regulation 2021 (LW 23/04/2021)

(b) Home Building Amendment (Information) Regulation 2021 (LW 26/03/2021)

(10) Local Government Act 1993—Local Government (General) Amendment (Exemption) Regulation 2021 (LW 31/03/2021)

(11) Motor Dealers and Repairers Act 2013—Motor Dealers and Repairers Amendment (Tradesperson’s Certificates) Regulation 2021 (LW 01/04/2021)

(12) Poisons and Therapeutic Goods Act 1966—

(a) Poisons and Therapeutic Goods Amendment (Real Time Prescription Monitoring) Regulation 2021 (LW 26/03/2021)

(b) Poisons and Therapeutic Goods Amendment (Restricted Substances) Regulation 2021 (LW 01/04/2021)

(13) Protection of the Environment Operations Act 1997—Protection of the Environment Operations (Clean Air) Amendment Regulation 2021 (LW 01/04/2021)

(14) Public Health Act 2010—Public Health Amendment (COVID-19 Mandatory Face Coverings) Regulation (No 2) 2021 (LW 31/03/2021)

(15) Road Transport Act 2013—

(a) Road Transport (General) Amendment (Penalty Notice Offences) Regulation 2021 (LW 26/03/2021)

(b) Road Transport Legislation Amendment (Offensive Advertising) Regulation 2021 (LW 26/03/2021)

(16) State Debt Recovery Act 2018—

(a) Referable Debt Order (LW 09/04/2021)

(b) Referable Debt Order (LW 01/04/2021)

(17) Southern Cross University Act 1993—Southern Cross University Amendment By-law 2021 (LW 23/04/2021)

(18) Supreme Court Act 1970—Supreme Court (Criminal Appeal) Rules 2021 (LW 27/04/2021) 2091 Legislative Council Minutes No. 81—Wednesday 24 March 2021

(19) Water Management Act 2000—

(a) Water Management (General) Amendment (Exemption for Rainfall Run-off Collection) Regulation 2021 (LW 30/04/2021)

(b) Water Management (General) Amendment (Floodplain Harvesting Access Licences) Regulation 2021 (LW 30/04/2021)

(20) Workers Compensation Act 1987—Workers Compensation Amendment (Certificates of Capacity) Regulation 2021 (LW 09/04/2021).

45 PAPERS—PRESENTED TO PARLIAMENT OUT OF SESSION

The Clerk announced receipt of the following reports presented since the last sitting of the House:

(1) Annual Reports (Statutory Bodies) Act 1984—Erratum to report of Landcom for year ended 30 June 2020

(2) Crown Land Management Act 2016—Notice under division 2.2 of proposed addition to dedication of Crown land at Leeton

(3) Greyhound Racing Act 2017—Report on the Statutory Review of the Greyhound Racing Act 2017, dated April 2021

(4) Local Government Act 1993—Report and determination of Local Government Remuneration Tribunal under sections 239 and 241 of the Local Government Act 1993, dated 23 April 2021

(5) Public Health Act 1991—Report on the Statutory Review of the sections 62 and 79 of the Public Health Act 2010

(6) State Emergency and Rescue Management Act 1989—

(a) Report of State Emergency Management Committee for year ended 30 June 2019

(b) Report of State Rescue Board for year ended 30 June 2019

(d) Report of State Rescue Board for year ended 30 June 2020

(7) State Owned Corporations Act 1989—

(a) Report of Essential Energy for six months ended 31 December 2020

(b) Report of Forestry Corporation for six months ended 31 December 2020

(d) Report of Landcom for six months ended 31 December 2020

(e) Report of Port Authority of New South Wales for six months ended 31 December 2020

(f) Report of Sydney Water Corporation for six months ended 31 December 2020

(g) Report of Transport Asset Holding Entity of NSW for six months ended 31 December 2020 2092 Legislative Council Minutes No. 81—Wednesday 24 March 2021

(h) Report of Water NSW for six months ended 31 December 2020

(8) Surveillance Devices Act 2007—Report of the Inspector of the Law Enforcement Conduct Commission entitled "Report under Section 49(1) of the Surveillance Devices Act 2007 for the period ending 31 December 2020", dated April 2021

(9) Sydney Water Act 1994—Report of Independent Pricing and Regulatory Tribunal entitled "Sydney Water 2020 Operational Audit: Report to the Minister", dated March 2021

(10) Waste Avoidance and Resource Recovery Act 2001—Report of Exchange for Change entitled "Return and Earn Annual Statutory Report 2019-20"

(11) Water Management Act 2000—Report of Murray-Darling Basin Authority for year ended 30 June 2020

(12) Water NSW Act 2014—Report of Independent Pricing and Regulatory Tribunal entitled “WaterNSW Operational Audit 2020: Report to the Minister”, dated March 2021.

46 NOTICES OF MOTIONS

47 BUSINESS POSTPONED

Notices of motions nos 1 and 2 on the Notice Paper of business of the House postponed, on motion of Ms Boyd until Thursday 13 May 2021.

48 MINISTERIAL STATEMENT—CHANGES IN ADMINISTRATION

Mr Harwin informed the House that on 31 March 2021, the Acting General Counsel of the Department of Premier and Cabinet advised that Her Excellency the Governor had issued a Commission appointing the Honourable Victor Dominello MP as Minister for Digital.

49 PUBLIC WORKS COMMITTEE—REFERENCE

The Chair (Mr Mookhey) according to paragraph (4) of the resolution establishing the Public Works Committee, informed the House that on Wednesday 24 March 2021 the Committee resolved to adopt the following terms of reference:

Impact of the Western Harbour Tunnel and Beaches Link Project

That the Public Works Committee inquire into and report on the impact of the Western Harbour Tunnel and Beaches Link Project, including each of its constituent parts being the Warringah freeway upgrade, the Western Harbour Tunnel and the Beaches Link, including:

(a) the adequacy of the business case for the project, including the cost benefits ratio,

(b) the adequacy of the consideration of alternative options,

(d) the consideration of the governance and structure of the project including the use of a ‘development partner’ model,

(e) the extent to which the project is meeting the original goals of the project,

(f) the consultation methods and effectiveness, both with affected communities and stakeholders, 2093 Legislative Council Minutes No. 81—Wednesday 24 March 2021

(g) the extent to which changes in population growth, work and travel patterns due to the Covid-19 pandemic have impacted on the original cost benefit ratio,

(h) whether the NSW Government should publish the base-case financial model and benefit cost ratio for the for the project and its component parts,

(i) whether the project is subject to the appropriate levels of transparency and accountability that would be expected of a project delivered by a public sector body,

(j) the impact on the environment, including marine ecosystems,

(k) the adequacy of processes for assessing and responding to noise, vibration and other impacts on residents, during construction and operationally,

(l) the impact of the project on nearby public sites, including Yurulbin Point and Dawn Fraser Baths, and

(m) any other related matter.

50 REGULATION COMMITTEE—REFERENCE

The Chair (Mr Veitch) according to paragraph (3) of the resolution establishing the Regulation Committee, informed the House that on Wednesday 24 March 2021 the Committee resolved to adopt the following terms of reference:

Environmental planning instruments (SEPPs)

(1) That the Regulation Committee inquire into and report on:

(a) the making of environmental planning instruments (SEPPs) under section 3.29 of the Environmental Planning and Assessment Act 1979,

(b) whether SEPPs should be disallowable under the Interpretation Act 1987, and

(2) That the Committee report by the first sitting day in August 2021.

51 PORTFOLIO COMMITTEE NO. 4 - INDUSTRY—REFERENCE

The Chair (Mr Banasiak) according to paragraph (2) of the resolution establishing the Portfolio Committees, informed the House that on Thursday 25 March 2021 Portfolio Committee No. 4 – Industry resolved to adopt the following terms of reference:

Long term sustainability and future of the timber and forest products industry

(1) That Portfolio Committee No. 4 - Industry inquire into and report on the long term sustainability and future of the timber and forest products industry and the role of the Forestry Corporation and other government agencies in supporting the industry, in particular:

(a) the nature of, and relationship within, the value chain between the timber and forest products industry, logistics companies, manufacturers, retailers, exporters and their relationship with timber supply and environmental management, and opportunities to enhance supply chains,

(b) the impact of external influences on the timber and forest products industry, including but not limited to drought, water, fire, regulatory structures, habitat protection and local, state and federal policies regarding climate change and plantation establishment, 2094 Legislative Council Minutes No. 81—Wednesday 24 March 2021

(d) transparency and data reporting of timber supply,

(e) opportunities for the timber and forest products industry and timber dependent communities and whether additional protections, legislation or regulation are required in New South Wales to better support the forestry products industry and timber-dependent communities, including opportunities for value adding,

(f) the role of the government in addressing key economic, environmental and social challenges to the industry, including funding and support to encourage improvements in forestry practices, training, innovation and automation, workplace health and safety, industry and employee support, land use management and forestry projects,

(g) the environmental impact and sustainability of native forest logging, including following the 2019/20 bushfire season,

(h) the operation, effectiveness and outcomes of the implementation of the NSW Forestry Industry Roadmap and Bushfire Industry Recovery Package,

(i) best practices in other Australian and international jurisdictions in relation to the sustainability of the timber and forest products industry, including social sustainability, community and Indigenous engagement and multiple uses of the forest estate, and

(j) any other related matters.

(2) The Committee report on a date of the Committee's choosing.

52 PORTFOLIO COMMITTEE NO. 6 - TRANSPORT AND CUSTOMER SERVICE—REFERENCE

The Chair (Ms Boyd) according to paragraph (6) of the resolution establishing the Portfolio Committees, informed the House that on Thursday 25 March 2021 Portfolio Committee No. 6 – Transport and Customer Service resolved to adopt the following terms of reference:

Road tolling regimes

That Portfolio Committee No. 6 – Transport and Customer Service inquire into and report on matters relating to tolling regimes for roads in New South Wales including:

(a) an updated review of the tolling regimes in place on different roads and an explanation for the differences between each,

(b) the total cost paid by drivers in tolls for the WestConnex toll road over the life of its contract, and the extent to which this represents value for money,

(d) the extent of toll relief provided in NSW and whether it is adequate,

(e) opportunities to increase transparency for the public, particularly over how tolling contracts are negotiated and varied, and the extent to which tolls are paid,

(f) the rationale for allowing higher than CPI increases on certain tolls, and for the truck toll being set at three times the toll for car traffic,

(g) the ability or otherwise of trucking businesses to afford increases in tolling charges and the extent or otherwise of their ability to pass this through, 2095 Legislative Council Minutes No. 81—Wednesday 24 March 2021

(h) opportunities to increase the assurance to the public that tolling arrangements represent the fairest possible outcome, including the appropriateness of involving an independent agency such as Independent Pricing and Regulatory Tribunal (IPART) in the determination of tolls and their escalation,

(i) the long term impact on government finances as a result of toll roads being wholly or partly operated by non-government entities,

(j) consideration of the impact of direct or debt financing of road projects, including what would have been the impact on regional road projects of the direct financing of WestConnex, and

(k) any other related matter.

53 PUBLIC ACCOUNTABILITY COMMITTEE—EXTENSION OF REPORTING DATE

The Chair (Mr Shoebridge), according to paragraph 9 of the resolution establishing the committee, informed the House that on Monday 26 April 2021, the Public Accountability Committee resolved to extend the reporting date for its inquiry into Integrity, efficacy and value for money of NSW Government grant programs to 12 August 2021.

54 WRITTEN ANSWER TO A SUPPLEMENTARY QUESTION WITHOUT NOTICE

The President informed the House of the publication in today’s Hansard of a written answer to a supplementary question without notice asked on the previous sitting day and lodged with the Clerk.

55 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.

56 CONDUCT OF BUSINESS

Mr Tudehope moved, according to sessional order: That standing and sessional orders be suspended to allow the moving of a motion forthwith relating to the order of private members' business this day.

Debate ensued.

Question put and passed.

Mr Tudehope then moved:

(1) That the order of private members’ business for today be as follows:

(1) Private members’ business item no. 1118 standing in the name of Mr Mookhey relating to an order for papers regarding the Sydney Metro Western Sydney Airport project,

(2) Private members’ business item no. 1138 standing in the name of Mr Graham relating to a referral to the Independent Commission Against Corruption regarding the Riverina Regional Conservation of Music,

(3) Private members’ business item no. 1055 standing in the name of Mr Pearson relating to a condolence motion for Helen Marston,

(4) Private members’ business item no. 1066 standing in the name of Mr Buttigieg relating to a further order for papers regarding bushfire reports by Noetic, 2096 Legislative Council Minutes No. 81—Wednesday 24 March 2021

(5) Private members’ business item no. 1113 standing in the name of Mr Latham relating to the South32 Dendrobium Extension Project,

(6) Private members’ business item no. 1128 standing in the name of Mr Banasiak relating to an amendment to the resolutions establishing the Portfolios Committees,

(7) Private members’ business item no. 1123 standing in the name of Mrs Houssos relating to an order for papers regarding James Busby High School,

(8) Private members’ business item no. 1064 standing in the name of Mr Searle relating to an order for papers regarding Eastlakes Shopping Centre modification,

(9) Private members’ business item no. 1099 standing in the name of Mr Farraway relating to a condolence motion for the Hon Ian Armstrong AM OBE,

(10) Private members’ business item no. 1133 standing in the name of Ms Faehrmann relating to an order for papers regarding offset requirements for projects associated with the Western Sydney Infrastructure Plan,

(11) Private members’ business item no. 1119 standing in the name of Mr Mookhey relating to an order for papers regarding the consultation paper entitled 'Buying in NSW, Building a Future',

(12) Private members’ business item no. 1105 standing in the name of Mr Field relating to an order for papers regarding public forests,

(13) Private members’ business item no. 1110 standing in the name of Mr Searle relating to an order for papers regarding demerger proposals for both the Snowy Valleys Council and the Cootamundra Gundagai Shire Council,

(14) Private members’ business item no. 1125 standing in the name of Mrs Houssos relating to an order for papers regarding the Education - Key Facts document,

(15) Private members’ business item no. 1088 standing in the name of Mr Mallard relating to Women of the Year Awards 2021,

(16) Private members’ business item no. 1129 standing in the name of Mr Primrose relating to 'Racism Not Welcome' signage at NSW Parliament,

(17) Private members’ business item no. 1111 standing in the name of Mr Searle relating to an order for papers regarding North Wilton,

(18) Private members’ business item no. 1136 standing in the name of Mr Shoebridge relating to an order for papers regarding the administration of grants,

(19) Private members’ business item no. 1134 standing in the name of Mr Buttigieg relating to a further order for papers regarding Councillor Antoine Doueihi, Mayor of Strathfield,

(20) Private members’ business item no. 1126 standing in the name of Ms Hurst relating to animal abuse and working with children,

(21) Private members’ business item no. 1112 standing in the name of Mr Searle relating to an order for papers regarding senior executive roles and remuneration,

(22) Private members’ business item no. 1074 standing in the name of Mr Searle relating to an order for papers regarding emails from the Premier, 2097 Legislative Council Minutes No. 81—Wednesday 24 March 2021

(23) Private members’ business item no. 1089 standing in the name of Mr Searle relating to an order for papers regarding land or property sales or disposal targets,

(24) Private members’ business item no. 1097 standing in the name of Ms Faehrmann relating to an order for papers regarding koala state environmental planning policies,

(25) Private members’ business item no. 1135 standing in the name of Mr Shoebridge relating to the demerger of the Snowy Valleys Council,

(26) Private members’ business item no. 1083 standing in the name of Mr Amato relating to the Indigenous Police Recruitment Our Way Delivery Program,

(27) Private members’ business item no. 1124 standing in the name of Mrs Houssos relating to an order for papers regarding utilisation rates of TAFE NSW,

(28) Private members’ business item no. 1065 standing in the name of Mr Searle relating to an order for papers regarding Alexandria Park Community School enrolments,

(29) Private members’ business item no. 1101 standing in the name of Mr Farraway relating to the Australian Street Art Awards 2020,

(30) Private members’ business item no. 1025 standing in the name of Reverend Nile relating to the Public Health Amendment (Vaccination Compensation) Bill 2021.

Debate ensued.

Question put and passed.

57 ORDER FOR PAPERS—SYDNEY METRO WESTERN SYDNEY AIRPORT PROJECT

Mr Mookhey moved, according to sessional order: That private members' business item no. 1118 be considered in a short form format.

Question put and passed.

Mr Mookhey moved, according to notice: That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents in the possession, custody or control of the Minister for Transport and Roads, Transport for NSW, Sydney Trains, Sydney Metro, the Minister for Planning and Public Spaces, the Minister for Water, Property and Housing or the Department of Planning, Industry and Environment relating to Sydney Metro Western Sydney Airport project:

(a) the final business case for Sydney Metro Western Sydney Airport project,

(b) all draft business cases for Sydney Metro Western Sydney Airport project,

(c) any document, created since 1 April 2015, which details the costs and benefits of any rail freight or heavy rail connection to the proposed Western Sydney Airport,

(d) all documents, created since 1 April 2015, regarding the acquisition of land in Orchard Hills and Luddenham for any transport project,

(e) all documents, created since 1 April 2018, which identify potential future use of land surrounding the Orchard Hills metro station,

(f) all documents, created since 1 April 2018, regarding the zoning or rezoning of Orchard Hills and surrounding suburbs, and 2098 Legislative Council Minutes No. 81—Wednesday 24 March 2021

(g) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.

Debate ensued.

Question put.

The House divided. Ayes ...... 24 Noes ...... 16 Majority ...... 8

AYES Banasiak Graham Pearson Borsak Houssos Primrose Boyd Hurst Roberts Buttigieg (teller) Jackson Searle D'Adam (teller) Latham Secord Donnelly Mookhey Sharpe Faehrmann Moriarty Shoebridge Field Moselmane Veitch

NOES Amato Harwin Mitchell Cusack Khan Nile Fang Maclaren-Jones (teller) Taylor Farlow Mallard Tudehope Farraway (teller) Martin Ward Franklin

Question resolved in the affirmative.

According to sessional order, proceedings interrupted at midnight for adjournment.

58 ADJOURNMENT

The President proposed the question—That this House do now adjourn.

Debate ensued.

The House adjourned at 12.29 am until Wednesday 5 May 2021 at 10.00 am.

59 ATTENDANCE

All members present. David Blunt Clerk of the Parliaments

Authorised by the Parliament of New South Wales