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Legislative Assembly 528 ASSEMBLY 28 February, 1991 LEGISLATIVE ASSEMBLY Thursday, 28 February, 1991 Mr Speaker (The Hon. Kevin Richard Rozzoli) took the chair at 10.30 a.m. Mr Speaker offered the Prayer. COMMITTEE ON THE OFFICE OF THE OMBUDSMAN Message Mr Speaker reported the receipt of the following message from the Legislative Council: Mr Speaker The Legislative Council desires to inform the Legislative Assembly that it has this day agreed to the following Resolution: (1) That, in accordance with section 31A of the Ombudsman Act 1974, a Joint Committee, known as the Committee on the Office of the Ombudsman, be appointed. (2) That, in accordance with section 31C (1) (a) of the Ombudsman Act 1974, MI Dyer, Mr Gay and Mr Mutch be appointed to serve on such Committee as the Members of the Legislative Council. The Legislative Council requests that the Legislative Assembly inform the Legislative Council of the names of the Members of the Legislative Assembly appointed to serve on the Committee. Legislative Council JOHNJOHNSON 27 Febmaly 1991 President PETITIONS Aboriginal Land Rights Act Petitions praying that because of the many benefits brought by the Aboriginal Land Rights Act to the Koori people and to the wider community, the House will support the retention of the Act as amended and the three-tier land council structure, received from Mr Markham and Mr Mills. Offences Against Children Petition praying that an investigation be made concerning claims that child sex offenders are being acquitted, and sentences of convicted child sex offenders be reviewed to see whether they should be substantially increased, received from Mr Rumble. Chullora High-Temperature Incinerators Petition praying that the House reject the proposal to construct two high-temperature incinerators at 75 Anzac Street, Chullora, received from Mr Shedden. 28 February, 1991 ASSEMBLY 529 Port Kembla Sewage Petitions praying that the House will not proceed with the proposal to divert Port Kembla effluent to the Shellharbour sewage treatment plant, received from Mr Harrison and Mr Rumble. Albion Park Rail Pedestrian Crossing Petition praying that a pedestrian crossing be established on Tongarra Road, Albion Park Rail, in the vicinity of the Albion Park Rail Public School, received from Mr Rumble. Albion Park Rescue Helicopter Service Petition praying that the House ensure that the rescue and emergency helicopter service stationed at Albion Park and serving the communities of the South Coast be retained at its present level of service, received from Mr Harrison. Swimming Pools Petition praying that because the Swimming Pools Act has failed to achieve its objectives, the House amend the Act by revoking the requirements in respect of fencing swimming pools and deleting section 13 of the Act, received from Miss Fraser. Rockdale-Banksia Traffic Petition praying that the House reject the proposals of the Roads and Traffic Authority for Rockdale and Banksia, received from Mr Unsworth. Pacific Highway Roadworks Petition praying that the House request the Minister for Roads to honour the promise to complete work on the Swansea S-bends by 1991, received from Mr Welsh. Rockdale Police Station Petition praying that full police services be maintained at Rockdale police station, received from Mr Unsworth. Mount Druitt Drugs Petition praying that the Government take action to ensure that Mount Druitt is free of drug peddling, received from Mr Gibson. Royal Agricultural Society Showground Petition praying that the House will prevent the sale by the Government of foreshore and public parklands, including the Royal Agricultural Society Showground, the E. S. Marks Athletic Field and part of Moore Park, and that residents be included on their administrative bodies, received from Ms Moore. 530 ASSEMBLY 28 February, 1991 Woolloomooloo Finger Wharf Petition praying that public money not be wasted demolishing the structurally sound finger wharf and establishing a walkway on the western side of Woolloomooloo Bay but instead that basic renovations be carried out on the wharf and an integrated multimedia arts centre be established, received from Ms Moore. Edgeworth Sewage Treatment Works Petition praying that the House expedite that part of the planned upgrade of the Edgeworth sewage treatment works that will result in the eradication of the odour it creates, received from Mr Mills. COMMITTEE ON THE INDEPENDENT COMMISSION AGAINST CORRUPTION Second Report Mr KERR (Cronulla) [10.38]: I bring up and lay upon the table of the House the second report of the Committee on the Independent Commission Against Corruption on the committee's inquiry into commission procedures and the rights of witnesses together with the minutes of evidence taken before the committee. Ordered to be printed. Mr KERR: I seek leave to make a statement in connection with the report. Leave granted. This is the final report of the Committee on the Independent Commission Against Corruption on its inqui~yinto commission procedures and the rights of witnesses. It is the culmination of 12 months' work by the committee on the rights of witnesses appearing before the Independent Commission Against Corruption. On 1st March last, I tabled in the House a report on witnesses prepared for the committee by the Independent Commission Against Corruption. This report set out the provisions of the lndependent Commission Against Corruption Act dealing with witnesses. A few months later I tabled in the House correspondence between the committee and the commissioner of the Independent Commission Against Corruption, Mr Ian Temby, Q.C., which contained further information about the Independent Commission Against Corruption's powers over and protection afforded to witnesses. This information, together with the earlier report on witnesses, effectively provided the committee with the Independent Commission Against Corruption's own yardstick, by which its treatment of witnesses could be measured. The committee was then in a position to review the exercise by the commission of its functions relating to witnesses against an objective standard. In August 1990 the committee announced the terms of reference of its inquiry into commission procedures and the rights ofwitnesses and it released a discussion paper prepared by the Hon. Athol Moffitt, Q.C., C.M.G. In November I tabled the committee's first report on this inquiry. That report dealt with the general question of public hearings versus private hearings and the question of damage to reputations. It contained recommendations for an amendment to the Independent Commission 28 February, 1991 ASSEMBLY 531 Against Corruption Act and changes to procedures at ICAC hearings. The second and final report that I have tabled today deals with outstanding issues in relation to ICAC hearings, ICAC investigations and a number of miscellaneous issues which arose in evidence taken before the committee. In some instances the committee has found that concerns raised were without foundation. In other areas the committee has found that further inquiry is required before firm recommendations can be made. These include the contempt powers of the commission and the problem of the cost of legal representation before the ICAC. In regard to legal representation, one option mentioned in the committee's report is the concept of having a duty solicitor to advise witnesses of their rights before they appear at ICAC hearings. However, the committee has identified some areas in which it believes there are procedural problems and has recommended a number of procedural changes. The committee has recommended that, as far as possible, hearings should be the end process of ICAC inquiries, and that consideration should be given to putting allegations to affected persons before a matter reaches the public hearing stage. The committee has also recommended that persons making statements to the ICAC should be provided with copies of their statements except in the most exceptional circumstances. The committee has also made recommendations for procedural changes relating to the naming of persons in ICAC reports and the treatment of property which is seized during an investigation. During this inquiry the committee received assistance from a number of highly qualified persons. I have already mentioned the Hon. Athol Moffitt. It should be noted also that, following the completion of his report on the Walsh Bay inquiry, the Hon. Michael Helsham, Q.C., approached the committee to offer his assistance. Subsequently, he provided a wealth of invaluable material and met with committee members on a number of occasions. The committee will continue to fulfil, in an ongoing way, its monitoring and review function in relation to the ICAC. It should be noted that, in addition to this inquiry, during the past 12 months the committee has held two public hearings with Mr Temby, met with relevant agency heads and tabled reports which outlined these meetings. Now that the Committee has completed this extensive review of the ICAC's treatment of witnesses, it is up to the ICAC, after making procedural changes where necessary, to get on with its important job, with the full support it deserves. I commend the report to the House. QUESTIONS WITHOUT NOTICE COAL RIGHTS COMPENSATION RECIPIENT Mr JACK TASSEIW; Mr PICKARD: Yesterday the honourable member for East Hills asked me a question about a coal compensation matter relating to Mr Tassell. As to the latter part of the question, I believe that the honourable member had a slight aberration of his normal honourable practice of dealing with issues. I am amazed that he should have raised this issue, and a personal attack on a member ofthe public, particularly this person who in fact- 532 ASSEMBLY 28 February, 1991 [Interruption] Mr SPEAKER: Order! I call the honourable member for Riverstone to order. Mr PICKARD: This person is subject to the normal attitude of the Labor Party. [Interruption] Mr SPEAKER: Order! There are far too many interjections. Mr PICKARD: When someone stands up for justice and rights they continue to pillory them and crush them as they did with many people in that area.
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