Legislative Council

LEGISLATIVE COUNCIL

MINUTES OF PROCEEDINGS

No. 5

WEDNESDAY 17 SEPTEMBER 2014

Contents

1 Meeting of the House ...... 81 2 Message from the Legislative Assembly—Independent Commission Against Corruption search warrants ...... 81 3 Wear It Purple Day (Formal Business) ...... 81 4 Able Seaman William (Billy) Williams (Formal Business) ...... 82 5 Papua New Guinea Association of Australia 2014 commemorative centenary dinner (Formal Business) ...... 82 6 Foster care (Formal Business) ...... 83 7 Byron Bay Writers Festival (Formal Business) ...... 83 8 Dr Catherine Hamlin (Formal Business) ...... 85 9 Jeannie Ferris Cancer Australia Recognition Awards 2014 (Formal Business) ...... 86 10 Australian Government’s response to the Ukrainian crisis (Formal Business) ...... 87 11 Paper—Tabled by Minister ...... 88 12 Standing Committee on Law and Justice—Report ...... 88 13 Notices of Motions ...... 88 14 Select Committee on the planning process in Newcastle and the broader Hunter Region— Membership ...... 88 15 Privileges Committee—Reference ...... 89 16 Suspension of Standing and Sessional Orders—City of Sydney Amendment (Elections) Bill 2014 ...... 89 17 City of Sydney Amendment (Elections) Bill 2014 ...... 90 18 Questions ...... 90 19 Message from the Legislative Assembly—Parliamentary Committees Memberships ...... 91 20 Personal Explanation ...... 91 21 Suspension of Standing and Sessional Orders—City of Sydney Amendment (Elections) Bill 2014 ...... 91 22 City of Sydney Amendment (Elections) Bill 2014 ...... 91 23 Message from the Legislative Assembly—Mutual Recognition (Automatic Licensed Occupations Recognition) Bill 2014 ...... 92 24 Business Postponed ...... 92 25 Bail Amendment Bill 2014 ...... 93 26 Mining Amendment (Small-Scale Title Compensation) Bill 2014 ...... 93 27 Message from the Legislative Assembly—Constitution Amendment (Parliamentary Presiding Officers) Bill 2014 ...... 94

80 Legislative Council Minutes No. 5—Wednesday 17 September 2014

28 Adjournment ...... 95 29 Attendance ...... 95

81 Legislative Council Minutes No. 5—Wednesday 17 September 2014

1 MEETING OF THE HOUSE

The House met at 11.00 am according to adjournment. The President took the Chair and read the prayers.

2 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—INDEPENDENT COMMISSION AGAINST CORRUPTION SEARCH WARRANTS

The President reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly informs the Legislative Council that it has this day agreed to the following resolution:

That:

(1) This House notes the revised draft Memorandum of Understanding on the execution of search warrants on the premises of Members of the New South Wales Parliament between the Commissioner of the Independent Commission Against Corruption, the President of the Legislative Council and the Speaker of the Legislative Assembly tabled by the Speaker on Wednesday 17 September 2014.

(2) The Standing Committee on Parliamentary Privilege and Ethics inquire into and report on the provisions of the revised draft Memorandum of Understanding.

(3) A message be sent informing the Legislative Council accordingly.

Legislative Assembly SHELLEY HANCOCK 17 September 2014 Speaker

3 WEAR IT PURPLE DAY (Formal Business)

Ms Sharpe moved, according to notice:

1. That this House notes that:

(a) Friday 29 August 2014 marked the 5th annual Wear It Purple Day,

(b) Wear It Purple Day is a grassroots campaign organised by young people for young people,

(c) Wear It Purple is a student run not for profit organisation that exists to support young people who identify as sexuality and or gender diverse, queer or rainbow,

(d) Wear It Purple has a simple message to young people in our communities that they have the right to be proud of who they are,

(e) Wear it Purple seeks to raise awareness about the issues faced by these young people and the need to eradicate bullying based on sexuality and gender diversity, and

(f) this year Wear It Purple Day was the biggest ever with 250 registered events including 130 events held at schools, TAFEs and Universities.

2. That this House congratulates:

82 Legislative Council Minutes No. 5—Wednesday 17 September 2014

(a) the young people who have made Wear It Purple such a success, and

(b) the organisations including the NSW Police Force, the SES, Fire and Rescue NSW and New South Wales schools for their strong support.

Question put and passed.

4 ABLE SEAMAN WILLIAM (BILLY) WILLIAMS (Formal Business)

Dr Phelps (on behalf of Mr Lynn) moved, according to notice:

1. That this House notes that:

(a) 11 September 2014, marks the 100th anniversary of the death of Able Seaman William (Billy) Williams 294, the first Australian Serviceman, serving in the Australian Armed Forces, to be killed in WWI on Thursday 11 September 1914,

(b) AB Williams was serving in HMAS SYDNEY I during the operation to capture German military installations in and around Rabaul in then German East New Britian, Papua New Guinea,

(c) he and other members of the ship’s company were ashore when he was wounded and he died of his wounds later that day, and

(d) a memorial service will be held at Bradley’s Head today at 1030 hrs in memory of the sacrifice made by AB Williams on that day in 1914 and others who served in HMAS SYDNEY I and the thousands of other Australians who would die during the next four years of the “War to end all Wars”.

2. That this House acknowledges and commends:

(a) the President of HMAS Sydney Association Mr John Byrne, Secretary of HMAS Sydney Association Mr Brian Yeo and Members of the Executive Committee for their continued efforts in ensuring our fallen servicemen and women are forever remembered for the sacrifices that they made to our nation, and

(b) VIP guests including Mr Mike Colless, the son of the Able Seaman Alan Colless, who served in HMAS SYDNEY I between 1914 and 1918.

Question put and passed.

5 PAPUA NEW GUINEA ASSOCIATION OF AUSTRALIA 2014 COMMEMORATIVE CENTENARY DINNER (Formal Business)

Dr Phelps (on behalf of Mr Lynn) moved, according to notice:

1. That this House notes that:

(a) on Wednesday 17 September 2014 the Papua New Guinea Association of Australia (PNGAA) will hold their 2014 Commemorative Centenary Dinner with the Hon Julie Bishop MP, Foreign Minister as guest keynote speaker,

(b) the dinner will commemorate the ANZAC Centenary and the centenary of Australia’s relationship with what was then New Guinea, from Australia’s first military engagement during WWI at Bitapaka and the loss of AE1, WWII, through to Papua New Guinea independence as well as contemporary and future relationships,

83 Legislative Council Minutes No. 5—Wednesday 17 September 2014

(c) the patron of PNGAA, our former Governor General, Major General the Honourable Michael Jeffery, AC, AO (Mil), CVO, MC (Retd) will attend the dinner, and

(d) the PNGAA Symposium will be held the next day on 18 September 2014 in the Thearette to provide a unique opportunity to hear 20 amazing speakers from Australia and Papua New Guinea knowledgeable about Papua New Guinea in a variety of fields.

2. That this House acknowledges and commends the President of PNGAA, Ms Andrea Williams, and the Organising Committee for their tremendous efforts ensuring such a significant period in our history is remembered and acknowledged.

Question put and passed.

6 FOSTER CARE (Formal Business)

Ms Barham moved, according to notice:

1. That this House notes that:

(a) September is National Foster Care Month, an annual celebration of the work of foster carers that began in 1990,

(b) the main aim of National Foster Care Month is to raise the profile of fostering in the community and to encourage recruitment of more foster carers,

(d) Foster Care Week events arranged by the Association of Children’s Welfare Agencies will include carers’ lunches, family fun days and picnics and will be held across New South Wales during the week.

2. That this House acknowledges that there are almost 19,000 children and young people in statutory out-of-home care in New South Wales, and that foster carers provide a safe and nurturing environment that is vital to the wellbeing of these children and young people.

3. That this House thanks the many individuals and families across New South Wales who have chosen to become foster carers, and recognises the important contribution they make to the welfare of vulnerable children and young people.

Question put and passed.

7 BYRON BAY WRITERS FESTIVAL (Formal Business)

Ms Barham moved, according to notice:

1. That this House notes that the 18th Byron Bay Writers Festival was held from 1 to 3 August 2014, with some 2,500 people attending each day, following a week of school programs, travelling festival, and workshops.

2. That this House acknowledges the Byron Bay Writers Festival as a prime example of an increasingly successful festival in a regional setting in that:

(a) its growth has been gradual and in response to demand,

84 Legislative Council Minutes No. 5—Wednesday 17 September 2014

(b) the 160 local volunteers provide a courteous and well-disciplined team to assist in the smooth running of the festival,

(d) all food and drink on site is sourced from local cafes and restaurants,

(e) the Festival Committee has founding members who have provided wisdom and consistency over the eighteen years,

(f) it is a non-profit organisation that has forged partnerships with local and national entities, corporations and the local Southern Cross University to increase its financial viability,

(g) it has a culture of ‘putting back into the community’, and

(h) it has a growing reputation both at home and internationally.

3. That this House recognises the economic, educational and social benefits of this festival, including that:

(a) it has a proud tradition of promoting local writers and features the opportunity for the launch and exposure of new writers,

(b) in eighteen years, it has grown from an audience of approximately 200 people and some 50 writers to a daily gate of 2,500 people and almost 150 selected local, national and international writers of fiction, political commentary, biography, journalism, and at times, cooking, music and travel,

(c) with core funding from Arts NSW, in addition to the three day festival, it provides a program in schools in four local townships during the week building up to the festival, which this year reached over 200 primary school children from 51 regional schools, and almost 800 secondary students from 27 regional schools,

(d) with a special Australia Council grant, the festival bus tour took seven award winning Australian writers on a five day trip to communities from Coffs Harbour to the Queensland border,

(e) the festival mentoring program provides unique opportunities for local writers and budding writers to benefit from small master classes with famous international writers such as Jeanette Winterson,

(f) the 2014 festival raised, mainly by coin donation, over $6,000 to support the Indigenous Literary Foundation,

(g) the influx of tourists provides economic benefits to the businesses in the local town and surrounding villages, while being ‘low impact’ for the residents, and

(h) Dymocks reported its highest level of sales yet for the 2014 festival, with the well- appreciated presenter Bob Brown’s new book ‘Optimism’ topping the sales for an individual book.

4. That this House expresses its support for regional communities pursuing small-to medium-sized annual specific festivals that provide benefits for the local community and, at the same time, avoid serious adverse repercussions such as excessive noise, alcohol-related violence and excessive parking and traffic problems for local communities.

Question put and passed.

85 Legislative Council Minutes No. 5—Wednesday 17 September 2014

8 DR CATHERINE HAMLIN (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House acknowledges the continuous exemplary work of Dr Catherine Hamlin in her fight against childbirth injury in Ethiopia.

2. That this House notes that:

(a) Dr Hamlin is an Australian born obstetrician and gynaecologist, who grew up in the Sydney suburb of Ryde and married Dr Reginald Hamlin in 1950,

(b) since 1959, Dr Hamlin has spent most of her life abroad revolutionising the care of child birth injury – obstetric fistula,

(c) Dr Hamlin is an extraordinary leader in the spheres of women’s health, pioneering the development, treatment and recovery of obstetric fistula, a condition that was eradicated in developed nations over a century ago,

(d) obstetric fistula occurs when the baby gets stuck in the birth canal and there is no doctor or facilities to perform a caesarean section,

(e) approximately two million women suffer from fistulas, often killing the baby and leaving the woman incontinent, paralysed, and stigmatised by her local community, as a result of which she is often left to die,

(f) in Ethiopia, there is a population of 100 million, with only 2,000 trained midwives and less than 200 obstetricians and gynaecologists,

(g) there is a great need to improve the world’s maternal care, and that the lack of medical care makes reproductive health in poor nations a human rights catastrophe, especially in countries like Ethiopia, and

(h) due to the hard work of Dr Catherine Hamlin, her late husband, Dr Reginald Hamlin, and the Hamlin Fistula Ethiopia, an Australian charitable organisation, there has been many initiatives established aimed at improving the lives of Ethiopian women.

3. That this House further notes:

(a) the vital importance of the Addis Ababa Fistula Hospital, opened in 1974, as it continues to serve Ethiopian women, accommodating 120 beds, a large operating theatre, a physiotherapy department and pathology services,

(b) the importance of the Hamlin Fistula Regional Centres, which provide much needed services for women injured in child birth in regional Ethiopia,

(c) the Hamlin College of Midwives, which provides an important step towards the development of a sustainable prevention strategy for women and girls of Ethiopia to avoid obstetric fistula, and

(d) the importance of Desta Mender, a farm on the outskirts of the capital providing women with an opportunity to recover before returning to their normal lives.

4. That this House acknowledges and commends Dr Catherine Hamlin’s dedication to the treatment of over 34,000 women for obstetric fistula and extends its best wishes on her 90th birthday.

Question put and passed.

86 Legislative Council Minutes No. 5—Wednesday 17 September 2014

9 JEANNIE FERRIS CANCER AUSTRALIA RECOGNITION AWARDS 2014 (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House notes that:

(a) Cancer Australia announced Ms Kath Mazzella OAM and Professor David Bowtell as the 2014 recipients of the Jeannie Ferris Cancer Australia Recognition Award,

(b) Ms Mazzella won Category One of the Award, open to those with personal experience of gynaecological cancer either as a woman with a diagnosis of gynaecological cancer, as a community member, or family members or carers who have been directly involved in supporting a woman with gynaecological cancer, and

(c) Professor Bowtell won Category Two of the Award, which was open to health professionals or researchers, working in the area of gynaecological cancer.

2. That this House further notes that:

(a) this award is named in honour of the late Jeannie Ferris, former Senator for South Australia who was passionately committed to raising awareness about gynaecological cancer in Australia, and

(b) Ms Ferris was diagnosed with ovarian cancer in October 2005 and passed away in April 2007.

3. That this House acknowledges that:

(a) Ms Mazzella established the Gynaecological Awareness Information Network Inc. (GAIN) which has informed and supported thousands of women,

(b) Ms Mazzella is a powerful advocate for gynaecological and sexual health, personally inspiring women and arguing for institutional and social change that delivers better awareness, prevention, treatment and support, and

(c) Ms Mazzella is an inspirational public speaker and the founder of the International Gynaecological Awareness Day, and

(d) in 2009, Ms Mazzella was awarded the Medal of the Order of Australia (OAM) for her outstanding service to the community through raising the profile of gynaecological health and was an inductee to the Hall of Fame – Our Bodies Ourselves Women’s Health Heroes, Boston, United States, she was shortlisted for the Centre for Women in Leadership Award and Most Inspiring Woman of the Year - Momentum Women’s Forum, she was conferred the Zonta International “Woman of Achievement Award” for Western Australia and she received an Executive Women’s Forum Woman of the Year award.

4. That this House also acknowledges that:

(a) Professor David Bowtell is the Head, Cancer Genomics and Genetics at the Peter MacCallum Cancer Centre, Melbourne and was Director of Research at Peter MacCallum Cancer Centre, Melbourne, from 2000-2010,

(b) Professor Bowtell has recently returned to full-time research to lead the ovarian cancer arm of the National Health and Medical Research Council’s (NHMRC) $27 million involvement in the International Cancer Genomics Consortium, a world-wide effort aimed at mapping all the significant mutations in common cancers,

87 Legislative Council Minutes No. 5—Wednesday 17 September 2014

(c) Professor Bowtell heads the Australian Ovarian Cancer Study (AOCS), a nationally collaborative project involving over 2000 women with ovarian cancer and one of the largest cohort studies of ovarian cancer in the world,

(d) over the last decade, the AOCS has grown rapidly to become the largest molecular epidemiological study of ovarian cancer in the world, an unparalleled resource supporting over 70 ovarian cancer research projects in Australia, Canada, Japan, Norway, the United Kingdom and the United States, with the goal of identifying genetic and biochemical changes in ovarian cancers that dictate how a woman will respond to chemotherapy, and predict her overall survival,

(e) Professor Bowtell is a molecular biologist and his lab focuses on the genomic analysis of ovarian cancer, with a focus on primary and acquired drug resistance,

(f) Professor Bowtel’s lab is funded by Cancer Australia and the United States Department of Defence to investigate high-risk BRCA mutations in women with ovarian cancer,

(g) Professor David Bowtell was honoured for his exceptional research in ovarian cancer, and

(h) Professor Bowtell has been honoured with an invitation as one of three researchers to give the esteemed Swerling Lecture at the Dana-Farber Cancer Institute in Boston and was one of 20 researchers worldwide, and one of two outside North America, invited to attend a special conference on defeating ovarian cancer hosted by James Watson, who won a Nobel Prize for discovering the structure of DNA.

5. That this House acknowledges and commends the outstanding work of Ms Kath Mazzella OAM and Professor David Bowtell in gynaecological cancer education, research and patient care and extends its congratulations to them on winning the Jeannie Ferris Cancer Australia Recognition Awards.

Question put and passed.

10 AUSTRALIAN GOVERNMENT’S RESPONSE TO THE UKRAINIAN CRISIS (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House acknowledges:

(a) the work of the Federal Government in relation to the present crisis in the Ukraine and the welcome bi-partisan support of the Federal Government’s efforts to provide aid by training of members of the Ukrainian forces and also provide humanitarian assistance in the Ukraine,

(b) that people around the world are gravely concerned by Russia’s actions in the Ukraine, supporting rebel soldiers to fight against Ukrainian forces and that Russia has increased its presence in the Ukraine with the stationing of Russian troops and tanks which have been attacking Ukrainian forces,

(c) that an Australian Embassy will be opened in the Ukrainian capital, Kyiv, a significant milestone for Australian-Ukrainian relations and international relations,

(d) the Prime Minister, the Hon Tony Abbott MP, along with his cabinet, will continue to review the sanctions that have been implemented against Russia, which include: (i) banning the Russian President’s top aide from travelling to Australia, (ii) many economic sanctions banning Russian bankers from dealing in the Australian market and financial system,

88 Legislative Council Minutes No. 5—Wednesday 17 September 2014

(iii) Australian companies prohibited from supplying goods and services to the Russian oil industry, and

(e) the Australian Government’s sanctions are in line with those imposed by the Governments of the United States and European Union members.

2. That this House:

(a) congratulates and commends the Prime Minister, the Hon Tony Abbott MP, the Minister for Foreign Affairs, the Hon Julie Bishop and the Federal Government on its efforts to respond to the tragic circumstances in the Ukraine and ensure safety and stability in the region,

(b) congratulates and commends the Federal Opposition leader, the Hon Bill Shorten MP and the Shadow Minister for Foreign Affairs, the Hon Tanya Plibersek for their bipartisan support of the Government’s response to the current crisis in the Ukraine, and

(c) acknowledges and commends the courageous efforts of the Australian Defence Force and Australian Federal Police working alongside its international counterparts to assist with stopping the crisis within Ukraine.

Question put and passed.

11 PAPER—TABLED BY MINISTER

Mr Mason-Cox tabled a Regulatory Impact Statement of the Environment Protection Authority for the Proposed Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014.

12 STANDING COMMITTEE ON LAW AND JUSTICE—REPORT

The Chair (Mr Clarke) tabled Report No. 54 of the Standing Committee on Law and Justice entitled “Review of the exercise of the functions of the WorkCover Authority”, dated September 2014, together with transcripts of evidence, tabled documents, submissions, correspondence and answers to questions taken on notice.

Ordered: That the report be printed.

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

Motion made (Mr Clarke speaking) and question: That this debate be now adjourned until next sitting day—put and passed.

13 NOTICES OF MOTIONS

14 SELECT COMMITTEE ON THE PLANNING PROCESS IN NEWCASTLE AND THE BROADER HUNTER REGION—MEMBERSHIP

The President informed the House that on Tuesday 16 September 2014 the Leader of the Government nominated Ms Cusack and Mr Pearce as the Government members of the Select Committee on the planning process in Newcastle and the broader Hunter Region.

89 Legislative Council Minutes No. 5—Wednesday 17 September 2014

15 PRIVILEGES COMMITTEE—REFERENCE

Mr Gay moved, according to notice:

1. That this House notes the revised draft ‘Memorandum of Understanding on the execution of search warrants on the premises of Members of the New South Wales Parliament between the Commissioner of the Independent Commission Against Corruption, the President of the Legislative Council and the Speaker of the Legislative Assembly’ tabled by the President on Tuesday 16 September 2014.

2. That the Privileges Committee inquire into and report on the provisions of the revised draft Memorandum of Understanding.

3. That the Committee report by Thursday 6 November 2014.

4. That a message be forwarded to the Legislative Assembly informing it of the terms of reference agreed to by the House.

Question put and passed.

The following message was forwarded to the Legislative Assembly:

Madam SPEAKER

The Legislative Council desires to inform the Legislative Assembly that it has this day agreed to the following resolution:

2. That the Privileges Committee inquire into and report on the provisions of the revised draft Memorandum of Understanding.

3. That the Committee report by Thursday 6 November 2014.

4. That a message be forwarded to the Legislative Assembly informing it of the terms of reference agreed to by the House.

Legislative Council DON HARWIN 17 September 2014 President

16 SUSPENSION OF STANDING AND SESSIONAL ORDERS—CITY OF SYDNEY AMENDMENT (ELECTIONS) BILL 2014

On the President calling on the Clerk to read the order of the day, Mr Borsak moved, according to contingent notice: That standing and sessional orders be suspended to allow a motion to be moved forthwith that private members’ business item no. 1947 outside the order of precedence relating to the City of Sydney Amendment (Elections) Bill 2014 be called on forthwith.

Question put and passed.

Mr Borsak then moved: That private members’ business item no. 1947 outside the order of precedence be called on forthwith.

90 Legislative Council Minutes No. 5—Wednesday 17 September 2014

Question put and passed.

17 CITY OF SYDNEY AMENDMENT (ELECTIONS) BILL 2014

Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Borsak: That this bill be now read a second time.

Debate resumed.

Question put.

The House divided.

Ayes 19

Mr Ajaka Ms Ficarra Mrs Maclaren-Jones Mr Blair Mr Gallacher Mr Mason-Cox Mr Borsak Miss Gardiner Mrs Mitchell Mr Brown Mr Gay Mrs Pavey Mr Clarke Mr Green Dr Phelps * Mr Colless * Mr Khan Ms Cusack Mr MacDonald * Tellers

Noes 16

Ms Barham Mr Moselmane * Mr Veitch Mr Buckingham Mr Primrose Ms Voltz * Ms Cotsis Mr Searle Ms Westwood Mr Donnelly Mr Secord Mr Whan Dr Faruqi Ms Sharpe Dr Kaye Mr Shoebridge * Tellers

Pairs

Mr Harwin Ms Fazio Mr Lynn Mr Foley Mr Pearce Mr Wong

Question resolved in the affirmative.

Bill read a second time.

Ordered: That consideration of the bill in committee of the whole stand an order of the day for a later hour of the sitting.

______

According to sessional order, proceedings interrupted at 2.30 pm for Questions. ______

18 QUESTIONS

91 Legislative Council Minutes No. 5—Wednesday 17 September 2014

19 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—PARLIAMENTARY COMMITTEES MEMBERSHIPS

The President reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly has this day agreed to the following resolution:

That:

(1) (a) Christopher David Holstein be appointed to the Committee on the Independent Commission Against Corruption in place of Timothy Francis Owen, resigned.

(b) Christopher David Holstein be appointed to the Committee on the Ombudsman, the Police Integrity Commission and the Crime Commission in place of Bart Edward Bassett, discharged.

(d) Andrew Baijan Rohan be appointed to the Joint Standing Committee on Road Safety in place of Darren James Webber, discharged.

(e) A message be sent informing the Legislative Council.

Legislative Assembly SHELLEY HANCOCK 17 September 2014 Speaker

20 PERSONAL EXPLANATION

Mr Secord, by leave, made a personal explanation concerning comments made in Question Time this day in relation to his views regarding road funding.

21 SUSPENSION OF STANDING AND SESSIONAL ORDERS—CITY OF SYDNEY AMENDMENT (ELECTIONS) BILL 2014

Question put and passed.

Mr Borsak then moved: That private members’ business item no. 1947 outside the order of precedence be called on forthwith.

Question put and passed.

22 CITY OF SYDNEY AMENDMENT (ELECTIONS) BILL 2014

On the order of the day being read, the President left the Chair and the House sat as a committee of the whole for consideration of this bill.

The committee reported the bill with amendments.

92 Legislative Council Minutes No. 5—Wednesday 17 September 2014

The House adopted the report.

(With concurrence) Mr Borsak moved: That this bill be now read a third time.

Question put.

The House divided.

Ayes 22

Mr Ajaka Mr Gallacher Mr Mason-Cox Mr Blair Miss Gardiner Mrs Mitchell Mr Borsak Mr Gay Revd Mr Nile Mr Brown Mr Green Mrs Pavey Mr Clarke Mr Khan Mr Pearce Mr Colless * Mr Lynn Dr Phelps * Ms Cusack Mr MacDonald Ms Ficarra Mrs Maclaren-Jones * Tellers

Noes 19

Ms Barham Dr Kaye Mr Veitch Mr Buckingham Mr Moselmane Ms Voltz * Ms Cotsis Mr Primrose Ms Westwood Mr Donnelly Mr Searle Mr Whan Dr Faruqi Mr Secord Mr Wong Ms Fazio * Ms Sharpe Mr Foley Mr Shoebridge * Tellers

Question resolved in the affirmative.

Bill read a third time.

Bill forwarded to the Legislative Assembly for concurrence.

23 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—MUTUAL RECOGNITION (AUTOMATIC LICENSED OCCUPATIONS RECOGNITION) BILL 2014

The President reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly having this day agreed to the Bill with the long title “An Act to provide for the automatic recognition of the licensing of certain occupations in other jurisdictions, and for other purposes” returns the bill to the Legislative Council without amendment.

Legislative Assembly SHELLEY HANCOCK 17 September 2014 Speaker

24 BUSINESS POSTPONED

Notices of motions nos 1 to 7 on the Notice Paper of government business postponed, on motion of Mr Clarke, until a later hour of the sitting.

93 Legislative Council Minutes No. 5—Wednesday 17 September 2014

25 BAIL AMENDMENT BILL 2014

On the order of the day being read, Mr Clarke (on behalf of Mr Ajaka) moved: That this bill be now read a second time.

Leave granted for the mover’s second reading speech to be incorporated in Hansard.

Debate ensued.

Question put.

The House divided.

Ayes 21

Mr Ajaka Mr Gay Dr Phelps * Mr Blair Mr MacDonald Mr Primrose Mr Colless Mrs Maclaren-Jones Mr Searle Ms Cotsis Mr Mason-Cox Mr Secord Mr Donnelly Mrs Mitchell Ms Voltz * Ms Ficarra Revd Mr Nile Ms Westwood Miss Gardiner Mr Pearce Mr Whan

* Tellers

Noes 5

Ms Barham Dr Faruqi Mr Shoebridge * Mr Buckingham Dr Kaye * * Tellers

Question resolved in the affirmative.

Bill read a second time.

The Deputy President (Mr Green) left the Chair and the House sat as a committee of the whole for consideration of this bill.

The committee reported the bill without amendment.

The House adopted the report.

Standing orders having been suspended Wednesday 10 September 2014—

Bill, on motion of Mr Mason-Cox (on behalf of Mr Ajaka), read a third time.

Bill returned to the Legislative Assembly without amendment.

26 MINING AMENDMENT (SMALL-SCALE TITLE COMPENSATION) BILL 2014

On the order of the day being read, Mr Mason-Cox (on behalf of Mr Ajaka) moved: That this bill be now read a second time.

Leave granted for the mover’s second reading speech to be incorporated in Hansard.

Debate ensued.

94 Legislative Council Minutes No. 5—Wednesday 17 September 2014

______

Mr Buckingham, be leave, tabled the following documents:

Muttabun – Photo Catalogue – Volume One Muttabun – Photo Catalogue – Volume Two Muttabun – Photo Catalogue – Volume Three Muttabun – Photo Catalogue – Volume Four. ______

Debate continued.

Question put and passed.

Bill read a second time.

The Deputy President (Mr Green) left the Chair and the House sat as a committee of the whole for consideration of this bill.

The committee reported the bill without amendment.

The House adopted the report.

Standing orders having been suspended Wednesday 13 August 2014—

Bill, on the motion of Mr Gay (on behalf of Mr Ajaka), read a third time.

Bill returned to the Legislative Assembly without amendment.

______

According to sessional order, proceedings interrupted at 10.00 pm for adjournment. ______

The House continued to sit. ______

27 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—CONSTITUTION AMENDMENT (PARLIAMENTARY PRESIDING OFFICERS) BILL 2014

The Deputy President (Mr Green) reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Constitution Act 1902 with respect to the office of a Parliamentary presiding officer, and to amend consequentially the Parliamentary Remuneration Act 1989” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 17 September 2014 Speaker

Bill, on the motion of Mr Gay, read a first time and ordered to be printed.

Mr Gay moved, according to contingent notice: 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.

95 Legislative Council Minutes No. 5—Wednesday 17 September 2014

Question put and passed.

Ordered: That the second reading of the bill stand an order of the day for next sitting day.

28 ADJOURNMENT

Mr Gay moved: That this House do now adjourn.

Debate ensued.

Question put and passed.

The House adjourned at 10.34 pm until Thursday 18 September 2014 at 9.30 am.

29 ATTENDANCE

All members present.

David Blunt Clerk of the Parliaments

______

Authorised by the Parliament of New South Wales