2329 PROOF LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS No. 61 WEDNESDAY 25 JUNE 2008 (The Questions and Answers Paper published for the first sitting day in each week will contain, by number and title, all unanswered questions, together with questions to which answers have been received on the previous sitting and any new questions. On subsequent days, new questions are printed, as are questions to which answers were received the previous day. Consequently the full text of any question will be printed only twice: when notice is given; and, when answered.) Notice given on date shown 2330 Legislative Council Questions and Answers No. 61— Wednesday 25 June 2008 Publication of Questions Answer to be lodged by Q & A No. 54 (Including Question Nos 1816 to 1848) 08 July 2008 Q & A No. 55 (Including Question Nos 1849 to 1857) 09 July 2008 Q & A No. 56 (Including Question Nos 1858 to 1885) 10 July 2008 Q & A No. 57 (Including Question Nos 1886 to 1951) 22 July 2008 Q & A No. 58 (Including Question Nos 1952 to 1967) 23 July 2008 Q & A No. 59 (Including Question Nos 1968 to 1971) 24 July 2008 Q & A No. 60 (Including Question Nos 1972 to 1978) 29 July 2008 Q & A No. 61 (Including Question Nos 1979 to 1994) 30 July 2008 2331 Legislative Council Questions and Answers No. 61— Wednesday 25 June 2008 25 JUNE 2008 (Paper No. 61) 1979 PREMIER—DOCUMENTS REQUESTED BY THE NSW OMBUDSMAN—Ms Ficarra to ask the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Premier, Minister for Citizenship— In relation to the answer to the Question on Notice 1755 asked in the Legislative Council on 13 May 2008: (1) Will the Government introduce legislation to ensure Ministers are required to provide documents requested by the NSW Ombudsman? (a) If not, why not? (2) Has RailCorp refused to provide risk assessments and related documents concerning train derailments, on the basis that commuters would lose confidence with CityRail? (a) If so, what is the justification for this decision? 1980 FAIR TRADING—CONSUMER, TRADER AND TENANCY TRIBUNAL APPLICATIONS—Ms Cusack to ask the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Fair Trading, Minister for Youth, Minister for Volunteering— (1) How many applications were lodged with the Consumer Trader and Tenancy Tribunal by the NSW Department of Housing for the following years: (a) 2004-2005? (b) 2005-2006? (c) 2006-2007? (2) Of those, how many applications related to the following: (a) rent arrears? (b) other arrears (e.g. water bills)? (c) other? (3) How many applications were lodged with the Consumer Trader and Tenancy Tribunal by public housing tenants where the respondent was the NSW Department of Housing for the following years: (a) 2004-2005? (b) 2005-2006? (c) 2006-2007? (4) Of those, how many applications related to the following: (a) quiet enjoyment and privacy? (b) repairs or maintenance? (c) other? 1981 FAIR TRADING—NEW SOUTH WALES HOME WARRANTY INSURANCE—Ms Cusack to ask the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Fair Trading, Minister for Youth, Minister for Volunteering— (1) Did you tell an ABC television journalist investigating New South Wales home warranty insurance that Minh Ai Tran had a tragic case but was a victim of poor legal advice? (a) If so, (i) what was the poor legal advice you believe Mr Tran received? (ii) who provided this legal advice? (iii) what do you advise Mr Tran do now? (iv) is there any assistance or support that the Office of Fair Trading offers consumers in Mr Tran's situation? 2332 Legislative Council Questions and Answers No. 61— Wednesday 25 June 2008 1982 JUSTICE—AGENCY TEMPS—PROCESSING JUSTICE OF THE PEACE APPLICATIONS—Ms Ficarra to ask the Attorney General, Minister for Justice, and Acting Minister for Education and Training— I refer to the answer to the Question on Notice 1759 asked in the Legislative Council on 14 May 2008: (1) For the following financial years how many Agency Temps were employed specifically to process Justice of the Peace renewal and appointment applications? (a) 2003⁄2004? (b) 2004⁄2005? (c) 2005⁄2006? (d) 2006⁄2007? (e) 2007 to present? (2) For the following financial years what was the total cost of the salaries of those Agency Temps: (a) 2003⁄2004? (b) 2004⁄2005? (c) 2005⁄2006? (d) 2006⁄2007? (e) 2007 to present? 1983 PREMIER—ICAC ACT AND OMBUDSMAN ACT AMENDMENTS—Ms Ficarra to ask the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Premier, Minister for Citizenship— (1) Will the Premier ensure that the Independent Commission Against Corruption (ICAC) Act and Ombudsman Act are amended to ensure that the ICAC and the NSW Ombudsman are prohibited from referring complaints back to the department or agency who are the subject of the complaint? (a) If not, why not? (2) Is the Premier aware that the ICAC and the NSW Ombudsman are increasingly relying on Probity Plans and Probity advices from external organisations, such as Deloitte Touche and others commissioned by Government Departments and Local Councils when assessing complaints about public officials? (3) In view of this, and the many complaints dismissed by the ICAC and the NSW Ombudsman based on the advice of these organisations, will the Premier consider introducing legislation to regulate and accredit providers in this industry? (a) If not, why not? 1984 LOCAL GOVERNMENT—APPOINTMENT OF ALTERNATIVE ADMINISTRATORS DURING THE OVERSEAS ABSENCE OF DICK PERSSON—Ms Ficarra to ask the Minister for Lands, Minister for Rural Affairs, Minister for Regional Development, and Acting Minister for the Central Coast representing the Minister for Local Government, Minister for Aboriginal Affairs, Minister Assisting the Minister for Health (Mental Health)— In your answer to the Question on Notice 1786 asked in the Legislative Council on 15 May 2008 you advised that during Mr Dick Persson's absence from duty as Administrator of Port Macquarie-Hastings Council and Warringah Council, an alternative Administrator would only be appointed to Port Macquarie-Hastings Council. (1) Why was an alternative Administrator not appointed to Warringah Council while Mr Persson was absent, when both Councils had similar business to deal with, are of the same size and in the same situation? (2) (a) On what date was the alternative Administrator at Port Macquarie-Hastings appointed? (b) Who requested the alternative appointment? (c) Who was appointed to the position? (3) On what basis was the decision made that one council would benefit by having an alternative 2333 Legislative Council Questions and Answers No. 61— Wednesday 25 June 2008 Administrator and the other would not? 1985 PREMIER—PROTECTED DISCLOSURE ACT—Ms Ficarra to ask the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Premier, Minister for Citizenship— In relation to the answer provided to the Question on Notice 1766: (1) Will the Premier ensure that the Protected Disclosures Act is amended so that Directors General and Chief Executive Officers cannot declare a disclosure not to be a protected disclosure unless the respective disclosure has been reviewed by the NSW Ombudsman Office or Independent Commission Against Corruption (ICAC) and either body concurs with such a ruling? (a) If not, why not? (2) Will the Premier ensure that the Protected Disclosures Act is amended so that Government Departments and Agencies must immediately refer a Protected Disclosure to the ICAC and/or the Ombudsman for investigation should the respective Department or Agency fail to have the Protected Disclosure investigated within six months of its original receipt? (a) If not, why not? (3) Will the Premier ensure that the Protected Disclosures Act is amended so as to provide guidelines on how to inform people subject to investigation of the allegations involved (similar to the procedural guidelines in the Public Sector Management Act) so as to avoid the disclosure of confidential information or information that could put the safety of the person making the disclosure and witnesses at risk? (a) If not, why not? (4) Will the Premier ensure that the Protected Disclosure Act is amended so as to include a conflict of interest provision so as to ensure that if a protected disclosure contains information in relation to the Officer assessing the disclosure, the matter must be immediately referred to the NSW ICAC or Ombudsman for investigation? (a) If not, whey not? (5) Will the Premier ensure that the Protected Disclosure Act and Public Sector and Employment Management Act and associated procedural guidelines are amended so as to include a conflict of interest provision that ensures that if a protected disclosure, complaint or grievance contains information in relation to the decision maker, delegate or officer assessing the document, it must be immediately referred to the NSW ICAC or Ombudsman for investigation? (a) If not, why not? (6) Will the Premier ensure that Director Generals and Chief Executive Officers are sent a Premier's Memorandum clearly outlining that they should not be assessing protected disclosures if the documents contain any information or adverse comments about the alleged conduct of the respective Director General or Chief Executive Officer and that in such cases the protected disclosure should be referred to the NSW ICAC or Ombudsman for investigation? (a) If not, why not? 1986 PREMIER—COMPLIANCE WITH STATE GOVERNMENT LEAVE POLICIES—Ms