6927 LEGISLATIVE COUNCIL Tuesday 6 May 2008 ______ The President (The Hon. Peter Thomas Primrose) took the chair at 2.30 p.m. The President read the Prayers. The PRESIDENT: I acknowledge the Gadigal clan of the Eora nation and its elders and thank them for their custodianship of this land. ASSENT TO BILLS Assent to the following bills reported: Food Amendment (Public Information on Offences) Bill 2008 Gaming Machines Amendment (Temporary Freeze) Bill 2008 Housing Amendment (Tenant Fraud) Bill 2008 State Emergency and Rescue Management Amendment (Botany Emergency Works) Bill 2008 Totalizator Amendment Bill 2008 Criminal Case Conferencing Trial Bill 2008 ADMINISTRATION OF THE GOVERNMENT OF THE STATE The PRESIDENT: I report the receipt of the following message from His Excellency the Honourable James Jacob Spigelman, Lieutenant-Governor of the State of New South Wales: Office of the Governor J. J. Spigelman Sydney 2000 LIEUTENANT-GOVERNOR The Hon James Jacob Spigelman, Chief Justice of New South Wales, Lieutenant-Governor of the State of New South Wales, has the honour to inform the Legislative Council that, consequent on the Governor of New South Wales, Professor Marie Bashir, having assumed the administration of the Government of the Commonwealth of Australia, he has this day assumed the administration of the Government of the State. 20 April 2008 ADMINISTRATION OF THE GOVERNMENT OF THE STATE The PRESIDENT: I report the receipt of the following message from the Honourable Justice Keith Mason, Administrator of the State of New South Wales: Office of the Governor K. Mason Sydney 2000 ADMINISTRATOR The Honourable Justice Keith Mason, Administrator of the State of New South Wales, has the honour to inform the Legislative Council that, consequent on the Lieutenant-Governor of New South Wales, the Honourable James Jacob Spigelman, being absent from the State, he has this day assumed the administration of the Government of the State. 22 April 2008 ADMINISTRATION OF THE GOVERNMENT OF THE STATE The PRESIDENT: I report the receipt of the following message from Her Excellency the Governor: Office of the Governor Marie Bashir Sydney 2000 GOVERNOR Professor Marie Bashir, Governor of New South Wales, has the honour to inform the Legislative Council that she re-assumed the administration of the Government of the State on 4 May 2008. 4 May 2008 6928 LEGISLATIVE COUNCIL 6 May 2008 STATE EMERGENCY AND RESCUE MANAGEMENT AMENDMENT (BOTANY EMERGENCY WORKS) BILL 2008 Message received from the Legislative Assembly agreeing to the Legislative Council's amendment. TABLING OF PAPERS NOT ORDERED TO BE PRINTED The Hon. Eric Roozendaal tabled, pursuant to Standing Order 59, a list of all papers tabled in the previous month and not ordered to be printed. TABLING OF PAPERS The Hon. Eric Roozendaal tabled the following papers: 1. Annual Reports (Statutory Bodies) Act 1984—Report of Game Council for the year ended 30 June 2007. 2. Report of the Independent Transport Safety and Reliability Regulator entitled "Implementation of the NSW Government's Response to the Final Report of the Special Commission of Inquiry into the Waterfall Accident— Reporting Period January-March 2008", dated April 2008. Ordered to be printed on motion by the Hon. Eric Roozendaal. STANDING COMMITTEE ON LAW AND JUSTICE Report: The Prohibition on the Publication of Names of Children Involved in Criminal Proceedings The Clerk announced the receipt, pursuant to standing orders, of report No. 35, entitled "The Prohibition on the Publication of Names of Children Involved in Criminal Proceedings", dated April 2008, together with transcripts of evidence, tabled documents, submissions, correspondence and answers to questions taken on notice, received out of session and authorised to be printed on 21 April 2008. The Hon. CHRISTINE ROBERTSON [2.35 p.m.]: I move: That the House take note of the report. Debate adjourned on motion by the Hon. Christine Robertson and set down as an order of the day for a future day. AUDITOR-GENERAL'S REPORT The Clerk announced the receipt, pursuant to the Public Finance and Audit Act 1983, of a performance audit report of the Auditor-General entitled "Working with Hotels and Clubs to Reduce Alcohol-related Crime: NSW Office of Liquor, Gaming and Racing, NSW Police Force", dated April 2008, received out of session and authorised to be printed on 23 April 2008. LEGISLATION REVIEW COMMITTEE Report The Clerk announced the receipt, according to the Legislation Review Act 1987, of the report entitled "Legislation Review Digest No. 5 of 2008", dated 5 May 2008, received out of session and authorised to be printed on 5 May 2008. MR JOE SCIMONE EMPLOYMENT Production of Documents: Return to Order The Clerk tabled, pursuant to resolution of 3 April 2008, documents relating to an order for papers regarding the employment of Mr Joe Scimone received on 17 April 2008 from the Director General of the Department of Premier and Cabinet together with an indexed list of documents. 6 May 2008 LEGISLATIVE COUNCIL 6929 Production of Documents: Claim of Privilege The Clerk tabled a return identifying those of the documents that are claimed to be privileged and should not be tabled or made public. The Clerk advised that pursuant to standing orders the documents are available for inspection by members of the Legislative Council only. The Clerk also tabled correspondence received this day from the Director General of the Department of Premier and Cabinet relating to the index of documents for which privilege is claimed. DR GRAEME REEVES APPOINTMENT Production of Documents: Return to Order The Clerk tabled, pursuant to resolution of 9 April 2008, documents relating to an order for papers regarding the appointment of Dr Graeme Reeves received on 23 April 2008 from the Director General of the Department of Premier and Cabinet together with an indexed list of documents. CATHERINE HILL BAY RESIDENTIAL DEVELOPMENT Production of Documents: Return to Order The Clerk tabled, pursuant to resolution of 9 April 2008, documents relating to an order for papers regarding Catherine Hill Bay received on 23 April 2008 from the Director General of the Department of Premier and Cabinet together with an indexed list of documents. Production of Documents: Claim of Privilege The Clerk tabled a return identifying those of the documents that are claimed to be privileged and should not be tabled or made public. The Clerk advised that pursuant to standing orders the documents are available for inspection by members of the Legislative Council only. WORLD YOUTH DAY 2008 Production of Documents: Return to Order The Clerk tabled, pursuant to resolution of 9 April 2008, documents relating to an order for papers regarding World Youth Day 2008 received on 23 April 2008 from the Director General of the Department of Premier and Cabinet together with an indexed list of documents. PETITIONS Camden School Development Application Petition requesting that an inquiry be held into the development application to Camden Council for a primary and secondary school and calling for suspension of the application until the identity, funding sources, capacity, ideology and competency of the landowner and prospective school proprietor are fully ascertained, received from Reverend the Hon. Fred Nile. BUSINESS OF THE HOUSE Postponement of Business Business of the House Notices of Motion Nos 1 and 2 postponed on motion by the Hon. Duncan Gay. EXECUTIVE MANAGER, PARLIAMENTARY SERVICES, APPOINTMENT The PRESIDENT: I advise that on 30 April 2008 the Administrator, on the advice of the Executive Council, appointed Mr Brian Ward to the new position of Executive Manager, Parliamentary Services. The position was advertised nationally, and a selection panel convened by the Speaker and me, and including the two 6930 LEGISLATIVE COUNCIL 6 May 2008 Clerks and an external panel member, recommended Mr Ward's appointment. I further advise that the position would lead and manage a new Department of Parliamentary Services, comprising the Parliament's current joint services. Mr Ward will commence duty on Monday 2 June 2008. BUSINESS OF THE HOUSE Suspension of Standing and Sessional Orders: Order of Business Motion by the Hon. Robert Brown agreed to: That standing and sessional orders be suspended to allow a motion to be moved forthwith that Private Members' Business item No. 103 outside the Order of Precedence, relating to the Port Macquarie-Hastings Council Election Bill, be called on forthwith. Order of Business Motion by the Hon. Robert Brown agreed to: That Private Members' Business item No. 103 outside the Order of Precedence be called on forthwith. PORT MACQUARIE-HASTINGS COUNCIL ELECTION BILL 2008 Second Reading Debate resumed from 10 April 2008. The Hon. MELINDA PAVEY [2.47 p.m.]: On behalf of the Opposition I am pleased to support the Port Macquarie-Hastings Council Election Bill, which was introduced by the Hon. Robert Brown. It will see the return of democracy to the people of Port Macquarie—which was taken from the people of Port Macquarie in the most underhand manner, denying them a say in what is best for their community. It is the height of hypocrisy that the Government, given its track record, should act in such a paternalistic manner. The performance of the Port Macquarie-Hastings Council has many positive features, and is in stark contrast to the utter incompetence of the Iemma Labor Government and the incredibly hypocritical actions of Minister Paul Lynch. The State Government has presided over a billion dollar blow-out on the Pacific Highway upgrade, has wasted hundreds of millions of dollars on the Kurnell desalination plant and has botched hospital upgrades at Bathurst and Orange, yet it has the hide to sack a high-performing council for cost blow-outs that have been caused in part by State Government regulations. To add insult to injury, the Government will effectively take over the handling of local government in the region until 2012 via a Labor-appointed administrator.