3767 LEGISLATIVE ASSEMBLY Tuesday 14 November 2006 ______ Mr Speaker (The Hon. John Joseph Aquilina) took the chair at 2.15 p.m. Mr Speaker offered the Prayer. Mr SPEAKER: I acknowledge the Gadigal clan of the Eora nation and its elders and thank them for the custod ianship of country. BUSINESS OF THE HOUSE Suspension of Standing and Sessional Orders Mr BARRY O'FARRELL: I seek leave to suspend standing and sessional orders to allow the honourable member for Wallsend and the honourable member for Newcastle to make speeches to the House forthwith. Leave not granted. [Interruption] Mr SPEAKER: Order! The Deputy Leader of the Opposition will resume his seat. He has been a member of this House long enough to know the standing orders. ELECTORAL DISTRICT OF SWANSEA Resignation of Milton Orkopoulos Mr SPEAKER: I report the receipt of a letter from Milton Orkopoulos dated 13 November 2006 resigning his seat as member for the electoral district of Swansea. ASSENT TO BILLS Assent to the following bills reported: Bail Amendment (Lifetime Parole) Bill Business Names Amendment Bill Crimes Amendment (Apprehended Violence) Bill Crimes (Forensic Procedures) Amendment Bill Election Funding Amendment Bill Fair Trading Amendment (Motor Vehicle Insurance and Repair Industries) Bill Passenger Transport Amendment Bill Professional Standards Amendment (Defence Costs) Bill Road Transport Legislation Amendment (Drug Testing) Bill Succession Bill Crimes (Administration of Sentences) Amendment Bill Firearms Amendment (Good Behaviour Bonds) Bill Electricity Supply Amendment (Greenhouse Gas Abatement Scheme) Bill Ports Corporatisation and Waterways Management Amendment Bill Crown Lands Legislation Amendment (Carbon Sequestration) Bill Road Transport (General) Amendment (Intelligent Access Program) Bill State Revenue Legislation Amendment (Tax Concessions) Bill Criminal Procedure Amendment (Sexual and Other Offences) Bill MILTON ORKOPOULOS CRIMINAL CHARGES Ministerial Statement Mr MORRIS IEMMA (Lakemba—Premier, Minister for State Development, and Minister for Citizenship) [2.19 p.m.]: The Government and the community of New South Wales were stunned last week by 3768 LEGISLATIVE ASSEMBLY 14 November 2006 the series of abhorrent, shocking and sickening charges laid against the former Minister for Aboriginal Affairs. I make no judgment about the former Minister's guilt or innocence, except to say it is only proper that he deal with these charges outside of this Parliament and distanced from his position as a Minister and a member of Parliament. That is why, when the information came to light, swift action was taken. I immediately dismissed the former Minister from Cabinet and removed him from his post as a Labor member of Parliament. Furthermore, the party has taken steps to revoke his membership, and he has now resigned from the Parliament, which is what I called for last Wednesday. These matters are now before the courts. Let us all remember that in 1997 the then Minister for Police, the Hon. Paul Whelan, caused two child sex cases to be aborted simply by talking about statistics in relation to sex offenders. The high-profile nature of this case increases that risk, and I am not going to allow a similar outcome here. Child sex assault charges are far too serious to be threatened by loose talk, conjecture or speculation. I have provided as detailed a comment as I legally can on this case. Furthermore, it is now time for us to get back to work and allow the police and the prosecutors to do their jobs. As the Commissioner for Police, Ken Moroney, said last week, ongoing speculation, rumour and political point scoring will not assist the serious task the police must complete. I repeat the exact words I used last week: Anyone who's done the wrong thing in this matter will face the consequences of the prosecution. If that investigation and court case touches on anybody else in my Government, I want them out of the Government and I want them out of the party. If people are aware of any information related to the case or, in fact, any criminal allegations, they should immediately take them to the police. Of course, the Leader of the Opposition is attempting to make as much political capital out of this matter as he can, as one would expect. But let us remember what has occurred here. A police investigation has been carried out. Charges have been laid. Matters relating to a former Minister are soon to be tested before a court. The entire police, legal and justice process has so far worked, and it has worked without interference—and it will continue to work without interference. Last week I announced that the Government would investigate matters surrounding the former Minister's superannuation entitlements. As a result of that advice we will today move to freeze access to those funds while these matters are still before the court. The Government will also introduce new background checks for State members of Parliament. We will introduce new legislation requiring all candidates to the New South Wales Parliament to sign a new declaration. It will require them to declare if they have ever been charged with sex offences against a child or ever had an apprehended violence order taken out against them at the request of police in order to protect a child. The Commissioner for Children and Young People will audit those declarations and report the results to the Parliament. We will also create a new offence of falsely completing a declaration. If a member is convicted of such a charge, they will be prevented from sitting in the Parliament. The declarations will be lodged with the Electoral Commission at the same time as nomination forms. The passage of a week has done little to diminish the shock and anger that we feel. The sort of behaviour alleged in the police charges makes us sick. Sexual offences against children are among the most depraved acts. I say that as a father of four, a citizen, a member of Parliament and the Premier. I want to make one further thing clear: If you are a paedophile, I am your enemy. Tragically, even the most trusted and sacred professions have not been immune from sex abuse cases, but as with the clergy, teachers or youth groups, these allegations do not, and should not, bring this institution or members into question. Our job is to target the perpetrators. I call on anyone with information relating to this case or to any case of child abuse to take it to the police. Information can be given to Crime Stoppers on 1800 333 000. If there are any allegations of misconduct by a public official, take them to the Independent Commission Against Corruption [ICAC]. Do not go shopping around in the media, do not go gossiping in the corridors. Go to the police. Go straight to ICAC. This is not a parlour game. Cases of child abuse are among the worst crimes imaginable, so we have a responsibility to act accordingly and stamp it out wherever it rears its evil head. FEDERAL GOVERNMENT INDUSTRIAL RELATIONS WORKCHOICES LEGISLATION Ministerial Statement Mr MORRIS IEMMA (Lakemba—Premier, Minister for State Development, and Minister for Citizenship) [2.26 p.m.]: Today Australia's 10 million workers are absorbing the news that WorkChoices is, unfortunately, here to stay. Thanks to the 5:2 decision this morning in the High Court, working families will have no respite from John Howard's industrial relations nightmare. The High Court judgment cements John 14 November 2006 LEGISLATIVE ASSEMBLY 3769 Howard's abuse of power with his accidental Senate majority. He has flogged off Telstra, and now there is this ultimate insult: the betrayal of Australian families. As of today the vast majority of New South Wales workers have nowhere to hide. We have been able to shield around 1 million people in New South Wales—all State Government employees, workers under the age of 18, employees in unincorporated firms, and employees on common law contracts—but the remaining 2.3 million workers have been thrown to the wolves. Their pay and conditions are up for grabs in John Howard's bleak Dickensian vision that owes more to the nineteenth century than to the twenty-first century. But do not take my word for it—speak to John Howard's own Employment Advocate, who was forced to admit at a recent Senate estimates committee that out of 6,000 Australian workplace agreements [AWAs] that have been entered into since WorkChoices began—and it is worth repeating that 6,000 AWAs have been entered since WorkChoices began—all of them have traded away at least one of the protected conditions, and 16 per cent removed the lot. Close to two-thirds of AWAs removed annual leave loadings and penalty rates, over half wiped out shift allowances and more than 20 per cent contained no pay increases over the life of the agreement, which can be up to five years. That is the harsh reality of these draconian laws as they hit ordinary workers and their families. Here are some examples. Rhonda Walke was a part-time medical receptionist for 20 years until WorkChoices destroyed her job. In March her manager demanded that she sign a workplace agreement that changed her employment status to casual, subjected her to a new, one-month probationary period, and required her to work in different places, despite the fact that she had no transport. When Ms Walke questioned the terms of the new agreement she was sacked, despite her loyalty and service. Take the case of Elaine Gray, a former marketing manager. When she rang her employer to confirm a return date after six months maternity leave she was told that her job no longer existed.