4511 LEGISLATIVE COUNCIL Wednesday 22 November 2006 ______ The President (The Hon. Dr Meredith Burgmann) took the chair at 11.00 a.m. The Clerk of the Parliaments offered the Prayers. AUDIT OFFICE Report The President announced the receipt, pursuant to the Public Finance and Audit Act 1983, of a performance audit report of the Auditor-General entitled "Major Infectious Disease Outbreaks—Readiness to Respond: NSW Health", dated November 2006. Ordered to be printed. QUESTIONS AND ANSWERS PAPER The Hon. CATHERINE CUSACK [11.04 a.m.]: I move: That, during the present session and notwithstanding anything contained in the standing or sessional orders, and unless otherwise ordered, the Clerk is to publish a Questions and Answers Paper, printed and circulated to members, on each of the following dates: Thursday 30 November 2006, Thursday 7 December 2006, Thursday 14 December 2006, Thursday 21 December 2006, and Thursday 2 January 2007. Question—That the motion be agreed to—put. The House divided. Ayes, 23 Mr Breen Mr Gay Mrs Pavey Mr Brown Ms Hale Mr Pearce Dr Chesterfield-Evans Mr Jenkins Ms Rhiannon Mr Clarke Mr Lynn Mr Ryan Mr Cohen Mr Mason-Cox Dr Wong Ms Cusack Reverend Dr Moyes Tellers, Mr Gallacher Reverend Nile Mr Colless Miss Gardiner Ms Parker Mr Harwin Noes, 17 Ms Burnswoods Ms Griffin Mr Roozendaal Mr Catanzariti Mr Hatzistergos Ms Sharpe Mr Costa Mr Kelly Mr Tsang Mr Della Bosca Mr Macdonald Tellers, Mr Donnelly Mr Obeid Mr Primrose Ms Fazio Ms Robertson Mr West Question resolved in the affirmative. Motion agreed to. 4512 LEGISLATIVE COUNCIL 22 November 2006 STANDING COMMITTEE ON LAW AND JUSTICE Reference Motion by the Hon. John Della Bosca agreed to: 1. That, in accordance with section 68 of the Motor Accidents (Lifetime Care and Support) Act 2006, the Standing Committee on Law and Justice be designated as the Legislative Council committee to supervise the exercise of the functions of the Lifetime Care and Support Authority of New South Wales and the Lifetime Care and Support Advisory Council of New South Wales under the Act. 2 That the terms of reference of the committee in relation to these function be: (a) to monitor and review the exercise by the authority and council of their functions, (b) to report to the House, with such comments as it thinks fit, on any matter appertaining to the authority or council or connected with the exercise of their functions to which, in the opinion of the committee, the attention of the House should be directed, and (c) to examine each annual or other report of the authority or council and report to the House on any matter appearing in, or arising out of, any such report. 3. That the committee report to the House in relation to the exercise of its functions under this resolution at least once each year. 4. That nothing in this resolution authorises the committee to investigate a particular participant, or application for participation, in the Lifetime Care and Support Scheme provided for by the Motor Accidents (Lifetime Care and Support) Act 2006. CARLTON UNITED BREWERIES SITE Production of Documents: Order Motion by Ms Sylvia Hale agreed to: That under Standing Order 52 there be laid upon the table of the House within 14 days of the date of the passing of this resolution any document, created since 1 January 2005 and not previously provided to the House, in the possession, custody or control of the Premier, the Premier’s Department, the Minister for Planning, Infrastructure and Redfern-Waterloo, the Department of Planning, The Cabinet Office, NSW Treasury, or the Treasurer relating to the development of the Carlton United Breweries site and any document which records or refers to the production of documents as a result of this order of the House. TABLING OF PAPERS The Hon. Henry Tsang tabled the following papers: (1) Annual Reports (Statutory Bodies) Act 1984—Reports for the year ended 30 June 2006: Art Gallery of New South Wales Trust Australian Museum Trust Legal Aid Commission of New South Wales (2) Anti-Discrimination Act 1977—Report of the Anti-Discrimination Board of New South Wales for the year ended 30 June 2006. (3) Administrative Decisions Tribunal Act 1977—Report of the Administrative Decisions Tribunal for the year ended 30 June 2006. Ordered to be printed. COMMITTEE ON THE OFFICE OF THE OMBUDSMAN AND THE POLICE INTEGRITY COMMISSION Reports: Phase Two of an Inquiry into section 10 (5) of the Police Integrity Commission Act 1996 Inquiry into Scrutiny of New South Wales Police Counter-terrorism and Other Powers Ten Year Review of the Police Oversight System in New South Wales The Hon. Jan Burnswoods tabled, on behalf of the Chair, the following reports: (1) Report No. 12/53, entitled "Phase Two of an Inquiry into Section 10 (5) of the Police Integrity Commission Act 1996— Together with Transcript of Proceedings and Minutes", dated November 2006. 22 November 2006 LEGISLATIVE COUNCIL 4513 (2) Report No. 15/53, entitled "Report on the Inquiry into Scrutiny of New South Wales Police Counter-Terrorism and Other Powers—Together with Committee Minutes", dated November 2006. (3) Report No 16/53, entitled "Ten Year Review of the Police Oversight System in New South Wales", dated November 2006. Ordered to be printed. The Hon. JAN BURNSWOODS [11.15 a.m.]: I move: That the House take note of the reports. Debate adjourned on motion by the Hon. Jan Burnswoods. BUSINESS OF THE HOUSE Withdrawal of Business Private Members' Business item No. 171 outside the Order of Precedence withdrawn by the Hon. Penny Sharpe. BUSINESS OF THE HOUSE Postponement of Business Business of the House Notice of Motion No. 2 postponed on motion by the Hon. Greg Pearce. BUSINESS OF THE HOUSE Suspension of Standing and Sessional Orders The Hon. DON HARWIN [11.12 a.m.]: I move: That standing and sessional orders be suspended to allow a motion to be moved forthwith that Private Members' Business item No. 166 outside the Order of Precedence, relating to a further order for papers regarding a desalination plant, be called on forthwith. Very briefly, I have moved this contingency motion on behalf of the Hon. Melinda Pavey, who would like to contribute briefly to the debate about why this matter needs to be brought on forthwith. The Hon. MELINDA PAVEY [11.23 a.m.]: I seek urgency to bring on this motion. There are perhaps only two sitting days of Parliament remaining. It is urgent that we get to the bottom of many of the issues facing Sydney's water supply. Warragamba Dam is about 40 per cent full. We need to know what will happen in relation to groundwater and what is happening with the desalination plant. The Government is overdrawing from the Shoalhaven area. We need to examine documentation to find out the overall plan. The Hon. Amanda Fazio: Point of order: The honourable member should know by now that she should speak only to urgency, not to the substantive matter. I ask you to remind her of that. The PRESIDENT: Order! I remind the member that she must address only the urgency of the matter at this stage. The Hon. MELINDA PAVEY: The matter is urgent because the House is about to rise and we need these documents to find out what is happening with Sydney's water. Motion agreed to. Order of Business Motion by the Hon. Melinda Pavey agreed to: That Private Members' Business item No. 166 outside the Order of Precedence be called on forthwith. 4514 LEGISLATIVE COUNCIL 22 November 2006 DESALINATION PLANT PROPOSAL Production of Documents: Order The Hon. MELINDA PAVEY [11.24 a.m.]: I move: That under Standing Order 52 there be laid upon the table of the House within 14 days of the date of the passing of this resolution, the following documents, which have not previously been laid upon the table of the House, in the possession, custody or control of the Premier, the Premier’s Department, The Cabinet Office, the Metro Water Directorate, the Treasurer, NSW Treasury, the Minister for Water Utilities, the Minister for Energy, the Department of Energy, Utilities and Sustainability, the Minister for the Environment, the Department of Environment and Conservation, the Minister for Planning, the Department of Planning, the Minister for Local Government, the Department of Local Government, Sydney Water and the Sydney Catchment Authority created since 9 November 2005: (a) any documents relating to development consent or planning proposals for a desalination plant, a desalination pilot plant, testing or planning for a desalination plant, (b) any document which details any payment made as a result of a desalination plant, a desalination pilot plant, testing or planning for a desalination plant, (c) any document which refers to the use or planned use of groundwater, aquifers, or transfers from the Shoalhaven, (d) any document relating to water restrictions or other demand management measures, (e) any document relating to the recruitment or sourcing of the Sydney Water Managing Director, or the Department of Energy, Utilities and Sustainability Director-General (or acting Director- General), and (f) any document which records or refers to the production of documents as a result of this order of the House. It is no secret that the Australian Labor Party has mismanaged Sydney's water over the past 12 years. It is relying on short-term plans to get to the election, deferring the need to make a decision on a new large-scale source of supply. The Government has artificially inflated dam levels in order to keep its dam levels above the critical trickle point of 40 per cent when it was meant to access groundwater at Kangaloon and Leonay.