28862 LEGISLATIVE ASSEMBLY Thursday 2 December 2010 __________ The Speaker (The Hon. George Richard Torbay) took the chair at 10.00 a.m. The Speaker read the Prayer and acknowledgement of country. AUDITOR-GENERAL'S REPORT The Clerk announced the receipt, pursuant to section 63C of the Public Finance and Audit Act 1983, of the Auditor-General's Report for 2010, Volume Nine. BUSINESS OF THE HOUSE Notices of Motions General Business Notices of Motions (General Notices) given. BUSINESS OF THE HOUSE Suspension of Standing Orders: Bills Mr JOHN AQUILINA (Riverstone—Parliamentary Secretary) [10.13 a.m.]: I move: That standing orders be suspended to permit the consideration forthwith of the Local Government Amendment (Confiscation of Alcohol) Bill 2010. Mr CHRIS HARTCHER (Terrigal) [10.14 a.m.]: I move: That the motion be amended by adding: and General Business Orders of the Day (for bills) Nos 2, 3 and 4. I point out first that all these matters are on the Business Paper. The bill moved by the member for Port Macquarie is important and the Coalition supports its introduction in this House. However, the other bills are also important. The Charter of Budget Honesty Amendment (Independent Election Costings) Bill has been before the House for some time and has been adjourned on a number of occasions. It relates to the very core of what the budget is supposed to represent in New South Wales. The significance underpinning this is the fact that the Government itself introduced the Parliamentary Budget Officer Bill to establish a Parliamentary Budget Officer to ensure proper costing and accounting to the community of budgetary promise, so in a sense the bill has been endorsed by the Government. Therefore, it is appropriate the House debate it. The Children and Young Persons (Care and Protection) Amendment (Homeless Reporting Age) Bill relates to a vital area of our community, the protection of the young, and ensures that proper mechanisms are in place for reporting, that government policies properly take them into account and that communities are aware of their needs. Every society has a responsibility towards underprivileged children in the community. If the Government is not prepared to debate legislation that ensures proper reporting of homelessness among young people then it is walking away from its core responsibility. So many other issues that come before the Parliament are trivial compared to our responsibility to underprivileged children. The Government claims that it believes in compassion, looking after our young and that the right of the child is paramount, yet it walks away from this bill and will not agree to it being debated on the last sitting day of the Parliament in 2010. Mr Daryl Maguire: It is just appalling. Mr CHRIS HARTCHER: To use the words of the member for Wagga Wagga, it shows an appalling indifference to the plight of young people in our community. The third bill that should be debated by this House—and that is all the Opposition asks—is the excellent bill moved by the member for Ryde that addresses 2 December 2010 LEGISLATIVE ASSEMBLY 28863 the exploitation of students, workers and poor people who cannot afford to rent a home and who are literally abused and exploited by unscrupulous landlords. If there is one party that has always claimed to look after the worker and the poor and which claims to be dedicated to the prevention of exploitation, it is the Australian Labor Party. The difference is they talk about it; we act on it. The bill for young children is moved by the member for Goulburn, the bill to protect students and workers is moved by the member for Ryde and the bill to ensure budget honesty is moved by the member for Manly. We are taking action. After 15 years of government, the Labor Party, which once talked about them, will not even debate these bills on the floor of Parliament. It is not even prepared to come before the Parliament and to allow these very important matters to be debated. One would hope that in its dying days, as the tsunami gathers off the coast, the New South Wales Labor Government would at last acknowledge the fact that even if we cannot put New South Wales right, we can address certain fundamental issues about which we claim to be protective— students, workers, children and budget honesty. I commend to the House the work done by the members for Manly, Ryde and Goulburn, each of whom has toiled to bring before this Parliament legislation that addresses core and important issues. We do not ask the Government to disregard the bill moved by the member for Port Macquarie but to allow debate, consideration, deliberation and voting on these three very responsible bills. The challenge to the Leader of the House on his last day as Leader of the House is: "Do you stand for a fair go or do you not?" Mr JOHN AQUILINA (Riverstone—Parliamentary Secretary) [10.19 a.m.]: The Government has little argument with the issues raised by the member for Terrigal. We acknowledge that notices of motions for bills are matters which in most cases are worthy of consideration and debate. However, as the member for Terrigal well knows, the Government is not in a position to make a detailed contribution in relation to these matters. Obviously there has to be detailed consideration. I understand, for example, in relation to the matter raised by the member for Ryde, it was only this morning that communications were made with the Minister for Planning, and the matter is now being discussed and considered. The Government is not averse to discussing those issues but it is not in a position at this stage to be able to take a determined position on them. Consequently, we are not able to agree to the amendment moved by the member for Terrigal. I do not say that the Government is taking a stance that opposes the context of that legislation. There has been detailed communication and consideration in relation to the bill introduced by the member for Port Macquarie. I know he is aware that there have also been discussions about various amendments to that legislation which may be moved. The Government having considered those matters in Cabinet and in other places agrees to discuss them. The Government acknowledges the positive issues in relation to the bills that are the subject of the amendment moved by the member for Terrigal, but it cannot agree to the amendment at this stage. Question—That the amendment be agreed to—put and resolved in the negative. Amendment negatived. Motion agreed to. LOCAL GOVERNMENT AMENDMENT (CONFISCATION OF ALCOHOL) BILL 2010 Agreement in Principle Debate resumed from 26 November 2010. Mrs BARBARA PERRY (Auburn—Minister for Local Government, Minister for Juvenile Justice, Minister Assisting the Minister for Planning, and Minister Assisting the Minister for Health (Mental Health)) [10.22 a.m.]: The Government is strongly committed to reducing alcohol-related crimes and antisocial behaviour and other alcohol-related harm in our communities. The Local Government Amendment (Confiscation of Alcohol) Bill 2010 will build on the effective action already taken by the Government under programs such as Hassle Free Nights and previous amendments to the liquor legislation. The member for Port Macquarie, Mr Peter Besseling, introduced the bill into the House and I thank him for that and the concern he has shown in relation to this important issue. The bill seeks to extend the tip-out powers to all alcohol-prohibited areas declared under section 632 of the Local Government Act 1993. It removes the requirement that section 32A of the Act imposes which 28864 LEGISLATIVE ASSEMBLY 2 December 2010 restricted those tip-out powers to areas covered by a precinct liquor accord or community event liquor accord created under the Liquor Act 2007. Section 32 of the Local Government Act allows a local council to erect a sign prohibiting particular activities in a public place. Examples of such places include council parks and beachfront reserves. The bill relates only to the restriction or prohibition of the consumption of alcohol in such public places. The Government is pleased to support the principles contained in this bill. The Government seeks to improve further upon it and foreshadows that during the consideration in detail stage it will move further amendments. Briefly, the Government will propose to remove the monetary penalties for the offence of consuming alcohol in an alcohol-prohibited area, which is consistent with the application of alcohol-free zones created under the street drinking provisions of the Local Government Act. It will still be possible to apply monetary penalties for other offences under section 632 of the Local Government Act which are unrelated to alcohol consumption. The emphasis of this legislative reform, and the Government's broader policy position on this issue, is to stop the escalation of alcohol-fuelled anti-social behaviour into more serious crime. Issuing fines and dealing with people through the court system is not always the best way to address antisocial behaviour. This bill will give police and council enforcement officers the ability to swiftly and effectively combat problem drinking in these areas. The Government will propose to strengthen the bill to include a power in the Act to require those councils that must consult with the New South Wales Anti-Discrimination Board when establishing an alcohol-free zone to do so when establishing an alcohol-prohibited area. The Government will seek to include requirements that the concurrence of the relevant New South Wales Police local area commander be required before an alcohol-prohibited area can be established.