4197 LEGISLATIVE ASSEMBLY Tuesday 28 October 2003 ______ Mr Speaker (The Hon. John Joseph Aquilina) took the chair at 2.15 p.m. Mr Speaker offered the Prayer. LEGISLATIVE COUNCIL VACANCY Joint Sitting Mr SPEAKER: I report the receipt of the following message from Her Excellency the Governor: Governor Marie Bashir MESSAGE I, Professor Marie Bashir, AC, in pursuance of the power and authority vested in me as Governor of the State of New South Wales, do hereby convene a joint sitting of the Members of the Legislative Council and the Legislative Assembly for the purpose of the election of a person to fill the seat in the Legislative Council vacated by the Honourable Malcolm Jones, and I do hereby announce and declare that such Members shall assemble for such purpose on Wednesday the twenty ninth day of October 2003, at 4:00pm in the building known as the Legislative Council Chamber situated in Macquarie Street in the City of Sydney, and the Members of the Legislative Council and the Members of the Legislative Assembly are hereby required to give their attendance at the said time and place accordingly. In order that the Members of both Houses of Parliament may be duly informed of the convening of the joint sitting, I have this day addressed a like message to the President of the Legislative Council. Office of the Governor Sydney, 23 October 2003 The Honourable the Speaker of the Legislative Assembly I direct that the joint sitting with the Legislative Council in the Legislative Council Chamber for the election of a member of the Legislative Council be set down as an order of the day for 4.00 p.m. tomorrow, 29 October 2003, as appointed in Her Excellency’s message. ASSENT TO BILLS Assent to the following bills reported: Drug Summit Legislative Response Amendment (Trial Period Extension) Bill Industrial Relations Amendment (Adoption Leave) Bill Commonwealth Powers (De Facto Relationships) Bill Community Relations Commission and Principles of Multiculturalism Amendment Bill Education Amendment (Computing Skills) Bill Health Legislation Amendment Bill Powers of Attorney Bill Prevention of Cruelty to Animals Amendment (Penalties) Bill MINISTRY Mr BOB CARR: In the absence of the Minister for Health, the Minister for Science and Medical Research will answer questions on his behalf. BUSINESS OF THE HOUSE Routine of Business [During notices of motions] Mr SPEAKER: Order! For some time the Chair has been concerned about the length of notices of motions. I ask the honourable member for Tamworth to discuss his notice of motion with the Clerk. The notice may appear finally in an edited form. 4198 LEGISLATIVE ASSEMBLY 28 October 2003 VARIATIONS OF PAYMENTS ESTIMATES AND APPROPRIATIONS 2003-04 Mr Craig Knowles tabled variations of the receipts and payments estimates and appropriations for 2003-04, under section 26 of the Public Finance and Audit Act 1983, arising from the provision by the Commonwealth of specific purpose grants in excess of the amounts included in the State's payments estimates. COMMISSION FOR CHILDREN AND YOUNG PEOPLE Report Mr Speaker announced the receipt, pursuant to section 26 of the Commission for Children and Young People Act 1998, of the report entitled "2002-03 Annual Report". Ordered to be printed. AUDITOR-GENERAL'S REPORT The Clerk announced the receipt, pursuant to section 52A of the Public Finance and Audit Act 1983, of the report entitled "Auditor-General's Report—Financial Audits—Volume Three 2003", dated October 2003. AUDIT OFFICE Report The Clerk announced the receipt, pursuant to section 21A of the Annual Reports (Statutory Bodies) Act 1984, of the annual report for the year ended 30 June 2003. LEGISLATION REVIEW COMMITTEE Report The Clerk announced the receipt, pursuant to section 10 of the Legislation Review Act 1987, of the report entitled "Legislation Review Digest No 4 of 2003", dated 27 October 2003. PETITIONS Gaming Machine Tax Petition supporting the increase in gaming machine taxes and welcoming the fact that all extra revenue will be spent on the health system, received from Ms Angela D'Amore. Autism Spectrum Disorder Petition requesting additional support for children affected by Autism Spectrum Disorder in all educational settings in New South Wales government schools, received from Mr Daryl Maguire. Gaming Machine Tax Petitions opposing the decision to increase poker machine tax, received from Mr Ian Armstrong, Mr Thomas George, Ms Katrina Hodgkinson, Mr Daryl Maguire, Mr Barry O'Farrell, Mr Steven Pringle, Ms Peta Seaton, Mr Ian Slack-Smith, Mr George Souris, Mr Andrew Stoner and Mr Andrew Tink. Cudgen Creek Seaway Petitions requesting that the Cudgen Creek seaway at Kingscliff be cleared of silt, received from Mr Stephen Cansdell, Mr Andrew Fraser and Mr Russell Turner. White City Site Rezoning Proposal Petition praying that any rezoning of the White City site be opposed, received from Ms Clover Moore. 28 October 2003 LEGISLATIVE ASSEMBLY 4199 Jingellic to Holbrook Road Upgrading Petition requesting funding for the upgrading of the Jingellic to Holbrook road, received from Mr Daryl Maguire. Tumbarumba to Jingellic Highway Upgrading Petition asking that the Tumbarumba to Jingellic section of State Road 85 be sealed, received from Mr Daryl Maguire. The Alpine Way Upgrade Petition requesting funding to repair, upgrade and realign eleven kilometres of The Alpine Way between the State border at Bringenbrong Bridge and the beginning of Kosciuszko National Park, received from Mr Daryl Maguire. Windsor Road Traffic Arrangements Petitions requesting a right turn bay on Windsor Road at Acres Road, received from Mr Wayne Merton and Mr Michael Richardson. The Spit Bridge Traffic Arrangements Petition opposing the proposal to add a two-lane drawbridge next to The Spit Bridge, and calling for a responsible and holistic solution to the transport, traffic, and freight needs of the area, received from Mrs Jillian Skinner Coffs Harbour Aeromedical Rescue Helicopter Service Petition requesting that plans for the placement of an aeromedical rescue helicopter service based in Coffs Harbour be fast-tracked, received from Mr Andrew Fraser. CountryLink Rail Services Petitions opposing the abolition of CountryLink rail services and their replacement with buses in rural and regional New South Wales, received from Mr Greg Aplin, Ms Katrina Hodgkinson, Mr George Souris and Mr Andrew Stoner. Manly JetCat Services Petition seeking reversal of the proposal to cut the JetCat service to and from Manly, received from Mr David Barr. Newcastle Rail Services Petition requesting the retention of Newcastle rail services, received from Mr Bryce Gaudry. Redfern and Surry Hills Bus Services Petition requesting improved bus services in Redfern and Surry Hills, received from Ms Clover Moore. Community-based Preschools Petition requesting adjustment of funding to ensure viability of community-based preschools, received from Mr Thomas George. Dunoon Dam Petition requesting the fast-tracking of plans to build a dam at Dunoon, received from Mr Thomas George. 4200 LEGISLATIVE ASSEMBLY 28 October 2003 Local Government Amalgamation Petition requesting that the Evans shire remains an independent local government area, and that the Government adhere to its policy of no forced amalgamation of local government areas, received from Mr Gerard Martin. Wagga Wagga Electorate Fruit Fly Control Petition requesting funding for fruit fly control/eradication in Wagga Wagga, Lockhart, Holbrook and Tumbarumba, received from Mr Daryl Maguire. Circus Animals Petition praying that the House end the unnecessary suffering of wild animals and their use in circuses, received from Ms Clover Moore. Sow Stall Ban Petition requesting the total ban of sow stalls, received from Ms Clover Moore. QUESTIONS WITHOUT NOTICE _________ LEONARD ALAN ROWLEY SENTENCE APPEAL Mr JOHN BROGDEN: I direct my question without notice to the Attorney General. Will he now order an appeal in the case of Senior Constable Chris Thornton, given that the trial judge's summation shows that prior to the accident Leonard Alan Rowley had been drinking, which is in direct conflict with a letter from the Director of Public Prosecutions to Senior Constable Thornton's partner, Sarah Matthews, which states: There was no evidence of the presence of alcohol. Mr BOB DEBUS: Since the day this sentence was handed down I have been in communication with the Director of Public Prosecutions. I spoke to him again about the case as recently as last Friday evening. I know that he has brought the full benefit of his many years of experience in the criminal law to a careful review of the case. It is his firm view that there are no prospects of a successful appeal against the sentence. An appeal is lodged on the basis of a clear analysis of the evidence and of the law; it is not lodged as a stunt on the basis of a version of the case in the local paper. To lodge an appeal when there is no prospect of success would be to indulge in a political hoax at the expense of the victim, and I will not participate in a hollow exercise of that kind. Mr John Brogden: Point of order: I refer to Standing Order 138, which refers to relevance. I offered the Attorney General new evidence in respect of this matter— Mr SPEAKER: Order! There is no point of order. Mr John Brogden: —which is a quote regarding the presence of alcohol in the person convicted. Mr SPEAKER: Order! The Leader of the Opposition knows that there is no point of order under Standing Order 138. Mr John Brogden: The Attorney General refused to take these matters into consideration. Mr SPEAKER: Order! The Chair cannot direct the Attorney General how to respond to the question. The Leader of the Opposition will resume his seat. PRISONERS DRUG REBHABILITATION Mr MATT BROWN: I address my question to the Premier. What is the latest information on Government efforts to rehabilitate drug-addicted prisoners? 28 October 2003 LEGISLATIVE ASSEMBLY 4201 Mr BOB CARR: New South Wales was, of course, the first State to set up the Drug Courts and the first and only State to trial a medically supervised injecting centre.