FIFTY-SECOND PARLIAMENT FIRST SESSION OFFICIAL HANSARD WEDNESDAY 10 NOVEMBER 1999 Authorised by the Parliament of New South Wales 2503 LEGISLATIVECOUNCIL Wednesday 10 November 1999 ______ The President (The Hon. Dr Meredith (ii) not published or copied without an order of the Burgmann) took the chair at 11.00 a.m. House. The President offered the Prayers. 4. That in the event of a dispute by any member of the House communicated in writing to the Clerk as to the validity of a claim of legal professional privilege or public M2 PROJECT FINANCING interest immunity in relation to a particular document: Motion by the Hon. R. S. L. Jones agreed (a) the Clerk is authorised to release the disputed to: document to an independent legal arbiter who is either a Queen's Counsel, a Senior Counsel or a retired Supreme Court judge, appointed by the 1. That under Standing Order 18 and further to the order of President, for evaluation and report within five days the House of 21 October 1999, there be laid on the table as to the validity of the claim, and of the House by 5.00 p.m. Wednesday 18 November 1999 and made pubic without restricted access: (b) any report from the independent arbiter is to be tabled with the Clerk of the House, and: (a) the legal advice referred to in the undated letter from the Acting Chief Executive, Roads and Traffic (i) made available only to members of the Authority [RTA] to the Director-General, Premier's Legislative Council, and Department, relating to the M2 Motorway, lodged with the Clerk of the House on 28 October 1999, and any document which records or refers to the (ii) not published or copied without an order of the production of documents under the previous order of House. the House, BILLS UNPROCLAIMED (b) the M2 Motorway equity information memorandum issued on 29 March 1994, referred to in privileged The Hon. J. W. Shaw tabled a list detailing document No. 60, all legislation unproclaimed as at 9 November 1999. (c) a list showing the description of all RTA files relating to the M2 Motorway, GENERAL PURPOSE STANDING COMMITTEE No. 5 (d) any document which records or refers to the production of documents as a result of this order of M5 East Ventilation Stack Inquiry the House. The Hon. R. S. L. JONES [11.08 a.m.]: I 2. That anything required to be laid before the House by this inform the House that, in accordance with the resolution may be lodged with the Clerk of the House if the House is not sitting, and is deemed for all purposes to provisions of the resolution of the House of 13 May have been presented to or laid before the House and 1999 establishing the General Purpose Standing published by authority of the House. Committees, General Purpose Standing Committee No. 5 resolved at its meeting on 28 October 1999 to 3. Where it is considered that a document required to be adopt terms of reference for an inquiry into the M5 tabled under this order is privileged and should not be made public or tabled: East ventilation stack. As the terms of reference are lengthy, I seek leave to have them incorporated in (a) a return is to be prepared and tabled showing the Hansard. date of creation of the document, a description of the document, the author of the document and reasons Leave granted. for the claim of privilege, and (b) the documents are to be delivered to the Clerk of the House by 5.00 p.m. Wednesday 18 November 1999, 1. That General Purpose Standing Committee No. 5 inquire and: into and report on the changes and current plans for the M5 East ventilation stack, and in particular: (i) made available only to members of the Legislative Council, and (a) the environmental impact of the new single stack, 2504 COUNCIL 10 November 1999 GENERAL PURPOSE STANDING COMMITTEE No. 5 (b) the evidence for the current design of the ventilation him well, and we wish him a safe but not stack and alternative possibilities for the management necessarily early return. of air polluting substances, (c) a rigorous and open risk assessment integrated as We also offer him the following advice. When part of any ventilation proposal, and he returns from his tour of duty he should make no concessions and no admissions. I am reminded of (d) appropriate guarantees for all affected residents and one of my predecessors, the Hon. Ambrose businesses. Campbell Carmichael, a famous Labor member of 2. That the committee report by Wednesday 8 December the Legislative Assembly who was Colonial 1999. Treasurer of New South Wales between 17 April 1912 and 5 May 1912—not a very long stint, but nevertheless he was the holder of that office. Ambrose Campbell Carmichael is famous for putting LEAVE OF ABSENCE together, during the First World War, a battalion known as Carmichael's 1,000. The Hon. J. H. JOBLING [11.08 a.m.]: I move: The Hon. Ambrose Campbell Carmichael took leave of absence from this Parliament, toured the That leave of absence be granted to the Hon. Dr B. P. V. length and breadth of this State to put together a Pezzutti from 15 November to 18 December 1999 for service battalion of 1,000, and went off to fight with them with the peacekeeping force in East Timor. in World War I. After their tour of duty the battalion returned. He was putting together another I have no doubt that some of my colleagues will battalion when the First World War came to an end. speak to this motion as they are very keen to see our Ambrose Campbell Carmichael returned to colleague's service and medical skills extended and Parliament, to be welcomed by his old Labor put to great advantage. The purpose of the motion, colleagues. In his absence, meantime, there had been however, is simply to place on the record of this a great conscription split within the Labor Party. House, for future generations to note, the fact that one of our colleagues, the Hon. Dr B. P. V. Pezzutti, On his return to Parliament his Labor Party a colonel in the medical corps, has on a number of colleagues asked him, "What would you have done occasions served with distinction, both overseas and on this conscription issue?" He said, "I probably in this country. would have supported conscription." With that, they summarily suspended him from the Labor Party, It is pleasing to note that one of our own has took away his endorsement, and he was never heard chosen to volunteer for active service in an overseas of again. The Hon. Dr B. P. V. Pezzutti should take location that is fraught with danger and numerous our advice. When he comes back he should make no potential hazardous situations. The Hon. Dr B. P. V. concessions. We wish him well. As the Hon. J. H. Pezzutti has in fact served his country on a number Jobling said, this is not the first time that the Hon. of prior occasions in areas that could only be Dr B. P. V. Pezzutti has served with the Australian described as war zones. Such an opportunity is not armed forces overseas. granted to many of us, and I feel certain that in supporting the motion honourable members will The Hon. J. F. Ryan: The only soldier that commend the Hon. Dr B. P. V. Pezzutti by granting could put them to sleep! him leave of absence so that he will have the opportunity to actively serve with the peacekeeping The Hon. M. R. EGAN: I am not sure that he force in East Timor. I commend the motion to the would put them to sleep. In fact, to encourage all House. the troublemakers in East Timor to leave the place, all we have to do is put him on a soapbox. The Hon. M. R. EGAN (Treasurer, Minister for State Development, and Vice-President of the The Hon. J. R. JOHNSON [11.12 a.m.]: I Executive Council) [11.10 a.m.]: The Government support the motion before the House. I wish the was tempted to amend the motion to extend the Hon. Dr B. P. V. Pezzutti well in the endeavours period of leave of absence, but, on balance, has that he is undertaking. Many men of this institution decided to support the motion as it stands. The Hon. have gone forth to serve their country. Indeed, Dr B. P. V. Pezzutti is indeed a very brave and women have gone forth, not as serving members of courageous man to be going to East Timor at a time the House but as persons who subsequently became of great instability and uncertainty within the Liberal members of it. I would like to remind honourable Party of New South Wales. We nevertheless wish members that many heroic people have done so. LEAVE OF ABSENCE 10 November 1999 COUNCIL2505 Although many engage in considerable verbal The Hon. Dr B. P. V. PEZZUTTI "bashing" of the trade union movement, I would [11.17 a.m.]: I had thought that this matter would be remind honourable members that during the first dealt with formally, but the debate attending it gives great conflict in which we were engaged, 30,000 me the opportunity to thank honourable members of members of the Australian Workers Union and their this House for the kind wishes they have expressed sons went forth to fight on the battlefields of France to me privately.