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Legislative Council 26 LEGISLATIVE COUNCIL Tuesday 23 May 2006 ______ The President (The Hon. Dr Meredith Burgmann) took the chair at 2.30 p.m. The Clerk of the Parliaments offered the Prayers. The PRESIDENT: I acknowledge that we are meeting on Eora land. ASSENT TO BILLS Assent to the following bills of the previous session reported: Fisheries Management Amendment Bill Jury Amendment (Verdicts) Bill Protection of the Environment Operations Amendment (Waste Reduction) Bill Air Transport Amendment Bill Appropriation (Budget Variations) Bill Courts Legislation Amendment Bill Education Legislation Amendment (Staff) Bill Workers Compensation Legislation Amendment Bill RESTORATION OF BUSINESS OF THE PREVIOUS SESSION Legislative Assembly Bills The PRESIDENT: I report the receipt of the following message from the Legislative Assembly: MADAM PRESIDENT The Legislative Assembly informs the Legislative Council that it has this day agreed to the following resolution: That the following bills forwarded to the Legislative Council for concurrence during the first session of the present Parliament and not dealt with because of prorogation be restored to the Council's business paper: Crimes Amendment (Organised Car and Boat Theft) Bill Crimes (Sentencing Procedure) Amendment Bill Electricity Supply Amendment (Protection of Electricity Works) Bill Independent Commission Against Corruption Amendment (Operations Review Committee) Bill Legal Profession Amendment Bill Local Government Amendment (Miscellaneous) Bill Totalizator Legislation Amendment (Inter-jurisdictional Processing of Bets) Bill Legislative Assembly JOHN AQUILINA 22 May 2006 Speaker Motion, by leave, by the Hon. John Della Bosca agreed to: That the bills be restored to the Notice Paper and that the second readings of the bills stand as orders of the day for a later hour of the sitting. LAW OF EVIDENCE BILL (pro forma) Bill presented and read a first time. TEMPORARY CHAIRS OF COMMITTEES The PRESIDENT: I nominate the following honourable members to act as Temporary Chairs of Committees during the present session: the Hon. Greg Donnelly, the Hon. Patricia Forsythe, the Hon. Jennifer Gardiner, the Hon. Kayee Griffin, Reverend the Hon. Fred Nile, the Hon. Christine Robertson and the Hon. Penny Sharpe. 23 May 2006 LEGISLATIVE COUNCIL 27 DEATH OF THE HONOURABLE BERYL ALICE EVANS, A FORMER MEMBER OF THE LEGISLATIVE COUNCIL The PRESIDENT: I report the death on 16 May of the Hon. Beryl Alice Evans, aged 84 years, a member of this House from 1984 to 1995. On behalf of members of the House I have extended to her family the deep sympathy of the Legislative Council in the loss sustained. Members and officers of the House stood in their places. AUDITOR-GENERAL'S REPORT The Clerk announced the receipt, pursuant to the Public Finance and Audit Act 1983, of the report entitled "Financial Reports: Volume Two 2006", dated May 2006. The Clerk announced further that it had been authorised that the report be printed. LEGISLATION REVIEW COMMITTEE Report The Clerk announced the receipt, pursuant to the Legislation Review Act 1987, of the report entitled "Legislation Review Digest No. 7 of 2006", dated 19 May 2006. The Clerk announced further that it had been authorised that the report be printed. JOINT SELECT COMMITTEE ON THE CROSS CITY TUNNEL Report: The Cross City Tunnel and Public Private Partnerships: Second Report The Clerk announced the receipt, pursuant to the resolution of 15 November 2005, of the report entitled "The Cross City Tunnel and Public Private Partnerships: Second Report", dated May 2006. The Clerk announced further that, pursuant to the resolution, it had been authorised that the report be printed. Reverend the Hon. FRED NILE [2.38 p.m.]: I move: That the House take note of the report. As members know, the cross city tunnel inquiry included also a reference to public-private partnerships. This report deals mainly with that aspect. As some progress had been made with the cross city tunnel and as the Government had adopted some recommendations with regard to it, the committee reviewed matters that were applicable to the cross city tunnel. The second report examined the role of New South Wales government agencies in public-private partnerships more generally and expanded upon the recommendations in the first report. We examined cross city tunnel developments since the committee's first report, which have gone some way towards addressing the concerns identified. A number of further recommendations responding to these developments have been made. The committee found that public-private partnerships fill a small but significant niche in the provision of public infrastructure in New South Wales, with between 10 per cent and 15 per cent of the State's capital program being delivered through such arrangements. It is crucial that the Government addresses public mistrust of private involvement in the provision of public infrastructure and services. To that end the focus of the recommendations in this report has been on improving the transparency of public-private partnership arrangements. We recommended that documents such as the public sector comparator and the base case financial monitor be publicly available. We put the onus on the Government to make these complex contractual relationships and the rationale for entering into them easily accessible and understood by the community they are intended to serve. The committee's work is continuing with the expansion of the terms of reference to include the Lane Cove project currently under construction. The committee will report on its finding in relation to the Lane Cove 28 LEGISLATIVE COUNCIL 23 May 2006 tunnel in September 2006. It has advertised for submissions and has already prepared a list of witnesses to be heard on 14, 15 and 16 June—three days of sitting. I would like to thank members of the committee for their continuing efforts during the second part of inquiry. I thank, in particular, the committee secretariat, Laura Milkins, Natasha O'Connor, Annie Marshall, Stephen Frappell, Victoria Pymm and Simon Johnston, and Stewart Smith of the Parliamentary Library Research Service, for their hard work. I take this opportunity to also thank the former committee director, Rachel Simpson, who has moved on to the Attorney General's Department, for her work on this and previous committee inquiries. Debate adjourned on motion by Reverend the Hon. Fred Nile. LANE COVE TUNNEL Production of Documents: Further Return to Order The Clerk tabled, pursuant to the resolution of 3 May 2006, documents relating to a further order for papers regarding the Lane Cove Tunnel received on 17 May 2006 from the Director General of the Premier's Department, together with an indexed list of documents. Production of Documents: Claim of Privilege The Clerk tabled a return identifying those of the documents that are claimed to be privileged and should not be tabled or made public. The Clerk advised that pursuant to standing orders the documents are available for inspection by members of the Legislative Council only. BROADACRE PROJECT Productions of Documents: Return to Order The Clerk tabled, pursuant to the resolution of 3 May 2006, documents relating to the Broadacre project received on 17 May 2006 from the Director General of the Premier's Department, together with an indexed list of documents. Production of Documents: Claim of Privilege The Clerk tabled a return identifying those of the documents that are claimed to be privileged and should not be tabled or made public. The Clerk advised that pursuant to standing orders the documents are available for inspection by members of the Legislative Council only. SYDNEY HARBOUR DIOXIN LEVELS Production of Documents: Return to Order The Clerk tabled, pursuant to the resolution of 3 May 2006, documents relating to dioxin levels in Sydney Harbour received on 17 May 2006 from the Director General of the Premier's Department, together with an indexed list of documents. Production of Documents: Claim of Privilege The Clerk tabled a return identifying those of the documents that are claimed to be privileged and should not be tabled or made public. The Clerk advised that pursuant to standing orders the documents are available for inspection by members of the Legislative Council only. POWERCOAL ASSETS SALE Production of Documents: Return to Order The Clerk tabled, pursuant to the resolution of 3 May 2006, documents relating to the sale of Powercoal assets received on 17 May 2006 from the Director General of the Premier's Department, together with an indexed list of documents. 23 May 2006 LEGISLATIVE COUNCIL 29 Production of Documents: Claim of Privilege The Clerk tabled a return identifying those of the documents that are claimed to be privileged and should not be tabled or made public. The Clerk advised that pursuant to standing orders the documents are available for inspection by members of the Legislative Council only. ACMENA JUVENILE JUSTICE CENTRE INCIDENT Production of Documents: Return to Order The Clerk tabled, pursuant to the resolution of 3 May 2006, documents relating to an incident at Acmena Juvenile Justice Centre received on 17 May 2006 from the Director General of the Premier's Department, together with an indexed list of documents. TARIRO UNIT METRO WEST RESIDENCES, WESTMEAD, CLIENTS ABUSE ALLEGATIONS Production of Documents: Claim of Privilege The Clerk tabled, pursuant to the resolution of 4 May 2006, a return identifying documents received on 18 May from the Director General of the Premier's Department that are claimed to be privileged and should not be tabled or made public. The Clerk advised that pursuant to standing orders the documents are available for inspection by members of the Legislative Council only. YASMAR JUVENILE JUSTICE CENTRE SITE USE Production of Documents: Return to Order The Clerk tabled, pursuant to the resolution of 4 May 2006, documents relating to Yasmar, Haberfield, received on 18 May 2006 from the Director General of the Premier's Department, together with an indexed list of documents.
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