16355 LEGISLATIVE COUNCIL Tuesday 7 June 2005 ______ The President (The Hon. Dr Meredith Burgmann) took the chair at 2.00 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 reported: Appropriation (Budget Variations) Bill Coal Acquisition Amendment (Fair Compensation) Bill Criminal Procedure Further Amendment (Evidence) Bill Dust Diseases Tribunal Amendment (Claims Resolution) Bill Game and Feral Animal Control Amendment Bill National Parks and Wildlife (Adjustment of Areas) Bill Civil Procedure Bill Noxious Weeds Amendment Bill SESSIONAL ORDERS Private Members' Business: Conduct of the Draw Motion by the Hon. Tony Kelly agreed to: That for the remainder of the present sittings until the adjournment of the House for the winter recess, Standing Order 185 be varied by omitting "12" wherever occurring and inserting instead "24". TUNNEL AIR QUALITY 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 the following documents, not previously provided to the House, in the possession, custody or control of the Roads and Traffic Authority (RTA), the Department of Infrastructure, Planning and Natural Resources (DIPNR), the Department of Environment and Conservation, NSW Health (including Area Health Services), and the offices of the responsible Ministers: (a) all documents relating to any internal audit of the RTA's compliance with the approval conditions for the M5 East, (b) all documents relating to the 13 January 2005 exceedence of air quality goals for the M5 East stack, (c) all documents relating to communications with the construction and/or operating consortium and their consultants, relating to the design, approval, operation and maintenance of the cross-city tunnel ventilation stack, (d) all documents relating to communications with the construction and/or operator consortium of the cross-city tunnel and their consultants that makes reference to the cross-city tunnel issues paper prepared by CSIRO Atmospheric Research, included in the documents provided under the return to the order of the House of 24 February 2005 and referred to in the index of documents provided by the Department of Infrastructure, Planning and Natural Resources as document 1 (d) (6), and (e) any document which records or refers to the production of documents as a result of this order of the House. TABLING OF PAPERS NOT ORDERED TO BE PRINTED The Hon. Carmel Tebbutt tabled, pursuant to Standing Order 59, a list of all papers tabled in the previous month and not ordered to be printed. 16356 LEGISLATIVE COUNCIL 7 June 2005 TABLING OF PAPERS The Hon. Carmel Tebbutt tabled the following paper: Annual Report (Statutory Bodies) Act 1984—Report of the Wild Dog Destruction Board for the year ended 31 December 2004. Ordered to be printed. STANDING COMMITTEE ON SOCIAL ISSUES Government Response to Report The Hon. John Della Bosca tabled correspondence relating to the Government's response to report No. 73, entitled "Report on the Inebriates Act 1912", tabled on 27 August 2004. COMMITTEE ON THE HEALTH CARE COMPLAINTS COMMISSION Report: 10th Meeting on the Annual Report of the Health Care Complaints Commission The Clerk tabled, pursuant to the Health Care Complaints Act 1993, report No. 8/53, entitled "10th Meeting on the Annual Report of the Health Care Complaints Commission", dated May 2005. The Clerk announced that, pursuant to the Act, it had been authorised that the report be printed. The Hon. DON HARWIN [2.07 p.m.]: I move: That the House take note of the report. The standing orders adopted last year make provision for debate of joint committee reports during the period set aside under the sessional order for committee reports. So far, practice in the House has not caught up with the new standing orders. A great many members of the House serve on joint committees but do not have the chance to comment on reports upon which they do considerable work. My comments at this time relate to all three reports that will be tabled today. I encourage a procedure to be developed to enable members of joint committees to move that the House take note of joint committee reports in the same fashion as it takes note of the reports of Legislative Council standing committees. Debate adjourned on motion by the Hon. Don Harwin. COMMITTEE ON CHILDREN AND YOUNG PEOPLE Report: Review of the Child Death Review Team Report: Suicide and Risk-taking Death of Children and Young People The Clerk announced, pursuant to the Commission for Children and Young People Act 1998, the receipt of report No. 5/53, entitled "Review of the Child Death Review Team Report: Suicide and Risk-taking Death of Children and Young People", dated June 2005. The Clerk announced further that, pursuant to the Act, it had been authorised that the report be printed. The Hon. DON HARWIN [2.09 p.m.]: I move: That the House take note of the report. Debate adjourned on motion by the Hon. Don Harwin. LEGISLATION REVIEW COMMITTEE Report: Legislation Review Digest No. 7 of 2005 The Clerk announced, pursuant to the Legislation Review Act 1987, the receipt of a report entitled "Legislation Review Digest No. 7 of 2005", dated 6 June 2005. 7 June 2005 LEGISLATIVE COUNCIL 16357 The Clerk announced further that, pursuant to the Act, it had been authorised that the report be printed. The Hon. DON HARWIN [2.09 p.m.]: I move: That the House take note of the report. Debate adjourned on motion by the Hon. Don Harwin. AUDIT OFFICE Report The Clerk announced, pursuant to the Public Finance and Audit Act 1983, the receipt of a performance audit report of the Auditor-General entitled "The Department of Community Services Helpline", dated June 2005. The Clerk announced further that, pursuant to the Act, it had been authorised that the report be printed. PETITIONS Brigalow Belt South Bioregion and Nandewar Bioregion Petitions opposing the removal of cypress pine and hardwood forests from State Forests management and the degradation of communities within the Brigalow Belt South and Nandewar bioregions, received from the Hon. Rick Colless, the Hon. Jennifer Gardiner and the Hon. Duncan Gay. Freedom of Speech Petitions opposing any legislation that would inhibit unencumbered discussion and freedom of speech regarding religion and introduce religious vilification in New South Wales, received from the Hon. David Clarke, Reverend the Hon. Dr Gordon Moyes, Reverend the Hon. Fred Nile and the Hon. Christine Robertson. Anti-Discrimination (Religious Tolerance) Legislation Petitions opposing the proposed anti-discrimination (religious tolerance) legislation, received from Reverend the Hon. Dr Gordon Moyes, Reverend the Hon. Fred Nile and the Hon. Christine Robertson. Crown Land Leases Petitions requesting the withdrawal of changes to the rental structure of Crown land leases, particularly enclosed road permits, received from the Hon. Rick Colless and the Hon. Duncan Gay. Unborn Child Protection Petitions requesting legislation to protect foetuses of 20 weeks gestation and to make resources available for post-abortion follow-up, received from Reverend the Hon. Dr Gordon Moyes and Reverend the Hon. Fred Nile. Gaming Machine Tax Petition praying that the House reconsider the decision to increase poker machine tax, received from the Hon. Rick Colless. BUSINESS OF THE HOUSE Withdrawal of Business Private Members' Business item No. 7 in the order of precedence withdrawn by the Hon. Dr Peter Wong. 16358 LEGISLATIVE COUNCIL 7 June 2005 BUSINESS OF THE HOUSE Postponement of Business Government Business Orders of the Day Nos 1 to 4 postponed on motion by the Hon. Tony Kelly. Private Members' Business item No. 11 in the order of precedence postponed on motion by the Hon. Patricia Forsythe. CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT AMENDMENT (X 18+ FILMS) BILL Second Reading Debate resumed from 24 May 2005. The Hon. DAVID CLARKE [2.30 p.m.]: The Opposition is opposed to the Classification (Publications, Films and Computer Games) Enforcement Amendment (X 18+ Films) Bill, which was introduced by the Hon. Peter Breen. The purpose of the bill is stated to be to amend the Classification (Publications, Films and Computer Games) Enforcement Act 1995, as follows: (a) to remove the current prohibition in relation to the sale of films that are classified X 18+ under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, and to remove the current prohibition on the public exhibition of such films, and (b) to ensure that films classified X 18+ are only sold from restricted publications areas, and (c) to increase penalties for allowing minors to access adult material. Effectively, the bill will legalise films rated X 18+ in New South Wales. Provisions in the bill restricting the sale of such films to specific premises and increasing penalties for allowing minors access to such material are merely a sugar-coated overlay, the effect of which is to give the bill the semblance of controlling pornography when its effect will be precisely the opposite. I believe that the Hon. Peter Breen is a thoughtful and compassionate man, and a person who is well intentioned. But from time to time I believe he reaches conclusions that are way off beam, and on this issue he is way off beam. I believe that he is genuinely concerned with the deleterious effects of the almost universally agreed negative aspects of some X-rated or unclassified films, such as those promoting violence, bestiality or child abuse. But I believe that he is monumentally misguided and tragically wrong in what he believes his bill will achieve. His bill will legalise much of the pornography industry which the State Government purports to oppose but, through inaction, condones by turning a blind eye to the law being enforced.