2163 LEGISLATIVE COUNCIL Tuesday 14 June 2011 __________ The President (The Hon. Donald Thomas Harwin) 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: Courts and Other Legislation Amendment Bill 2011 Library Amendment Bill 2011 Work Health and Safety Bill 2011 Occupational Health and Safety Amendment Bill 2011 Law Enforcement (Powers and Responsibilities) Amendment (Move On Directions) Bill 2011 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 Sydney 2000 Marie Bashir 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 at 5.48 p.m. on 11 June 2011. 11 June 2011 DUKE OF EDINBURGH NINETIETH BIRTHDAY The PRESIDENT: I inform the House that on behalf of the members of the Legislative Council and the people of New South Wales a message of congratulations was sent to His Royal Highness, the Duke of Edinburgh for his ninetieth birthday on 10 June 2011. Further, I report receipt of the following communication from the Private Secretary to His Royal Highness the Duke of Edinburgh: Buckingham Palace 3rd June, 2011 Dear Mr Harwin The Duke of Edinburgh has asked me to thank you and all the members of the Legislative Council very much for your congratulations on his 90th birthday. His Royal Highness was most touched by your kind remarks on his support to The Queen and his service to Australia and the Commonwealth. Prince Philip sends his best wishes to all members of the New South Wales Legislative Council. Yours Sincerely Brigadier Archie Miller-Bakewell 2164 LEGISLATIVE COUNCIL 14 June 2011 LEGISLATIVE COUNCIL VACANCY Resignation of the Honourable Anthony Bernard Kelly The PRESIDENT: I report the receipt of the following communication from the Hon. T. F. Bathurst, Administrator of New South Wales: Office of the Governor Sydney 2000 6 June 2011 The Honourable Donald Harwin MLC President of the Legislative Council Parliament House Macquarie Street SYDNEY NSW 2000 Dear President I have the honour to inform you that I have received a letter, dated 6 June 2011, from the Honourable Tony Kelly MLC tendering his resignation as a Member of the Legislative Council of New South Wales. I have acknowledged receipt of the letter from Mr Kelly and have informed him that you have been advised of his resignation. Yours sincerely The Honourable T F Bathurst Administrator of New South Wales I have acknowledged the Administrator's communication and an entry regarding the resignation from the Fifty-fifth Parliament has been entered in the Register of Members of the Legislative Council. CONDUCT OF MAGISTRATE JENNIFER BETTS The PRESIDENT: I report receipt of the following correspondence from McLachlin Thorpe Partners, legal representatives, for Magistrate Jennifer Betts, dated 9 June 2011: 9 June 2011 The President of the Legislative Council, the Hon. Don Harwin MLC Dear Sirs, RE: MAGISTRATE BETTS I refer to the letter from the President of the Legislative Council, to my client Ms Betts, via the office of the Chief of Magistrate, dated June 2011. I confirm that I act for Magistrate Betts and instruct Mr Boulten of Senior Counsel on her behalf. I further confirm that my client accepts the invitation to address the Legislative Council at 3:30 p.m. on 15 June 2011. I also note that Mr Boulten SC and I will accompany Magistrate Betts, and that we are meeting with the Clerk tomorrow to discuss procedure and arrangements. Please do not hesitate to contact me in the interim. Yours faithfully. McLACHLAN THORPE PARTNERS Hamish Cockburn Senior Associate BUSINESS OF THE HOUSE Formal Business Notices of Motions Government Business Orders of the Day No. 2 objected to as being taken as formal business. TABLING OF PAPERS The Hon. Greg Pearce tabled the following papers: Annual Reports (Statutory Bodies) Act 1984—Report of Wine Grapes Marketing Board for the year ending 31 December 2010. Ordered to be printed on motion by the Hon. Greg Pearce. 14 June 2011 LEGISLATIVE COUNCIL 2165 SHENHUA WATERMARK COALMINE Production of Documents: Return to Order The Clerk tabled, according to the resolution of the House of 26 May 2011, documents relating to an order for papers regarding the Shenhua Watermark coal project received on 9 June 2011 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 documents for which privilege is claimed and which are available only to members. BUSINESS OF THE HOUSE Postponement of Business Government Business Orders of the Day Nos 1, 3 and 4 postponed on motion by the Hon. Michael Gallacher. LEADER AND DEPUTY LEADER OF THE OPPOSITION The Hon. LUKE FOLEY: I inform the House that today I was elected Leader of the Opposition in the Legislative Council and the Hon. Adam Searle was elected Deputy Leader of the Opposition in the Legislative Council. STANDING COMMITTEE ON LAW AND JUSTICE Reference Motion by the Hon. Michael Gallacher agreed to: 1. That, in accordance with section 210 of the Motor Accidents Compensation Act 1999, the Standing Committee on Law and Justice be designated as the Legislative Council committee to supervise the exercise of the functions of the Motor Accidents Authority and Motor Accidents Council under the Act. 2. That the terms of reference of the committee in relation to these functions be: (a) to monitor and review the exercise by the authority and council of their functions, (b) to report to the House, with such comments as it thinks fit, on any matter appertaining to the authority or council or connected with the exercise of their functions to which, in the opinion of the committee, the attention of the House should be directed, (c) to examine each annual or other report of the authority and council and report to the House on any matter appearing in, or arising out of, any such report, (d) to examine trends and changes in motor accidents compensation, and report to the House any changes that the committee thinks desirable to the functions and procedures of the authority or council, and (e) to inquire into any question in connection with the committee's functions which is referred to it by the House, and report to the House on that question. 3. That the committee report to the House in relation to the exercise of its functions under this resolution at least once every two years. 4. That nothing in this resolution authorises the committee to investigate a particular compensation claim under the Motor Accidents Compensation Act 1999. STANDING COMMITTEE ON LAW AND JUSTICE Reference Motion by the Hon. Michael Gallacher agreed to: 1. That, in accordance with section 68 of the Motor Accidents (Lifetime Care and Support) Act 2006 the Standing Committee on Law and Justice be designated as the Legislative Council committee to supervise the exercise of the functions of the Lifetime Care and Support Authority of New South Wales and the Lifetime Care and Support Advisory Council of New South Wales under the Act. 2166 LEGISLATIVE COUNCIL 14 June 2011 2. That the terms of reference of the committee in relation to these functions be: (a) to monitor and review the exercise by the authority and council of their functions, (b) to report to the House, with such comments as it thinks fit, on any matter appertaining to the authority or council or connected with the exercise of their functions to which, in the opinion of the committee, the attention of the House should be directed, and (c) to examine each annual or other report of the authority and council and report to the House on any matter appearing in, or arising out of, any such report. 3. That the committee report to the House in relation to the exercise of its functions under this resolution at least once each year. 4. That nothing in this resolution authorises the committee to investigate a particular participant, or application for participation, in the Lifetime Care and Support Scheme provided for by the Motor Accidents (Lifetime Care and Support) Act 2006. MS CATE FAEHRMANN ABSENCE Dr JOHN KAYE, by leave: My colleague Cate Faehrmann is one of thousands of Australians and other travellers who have been stranded by the Chilean volcanic ash cloud. She has been unable to return to Sydney from Tasmania this morning as she had originally planned. She is caught in Hobart, attempting to return as soon as possible. However, all flights are fully booked. At this stage the earliest flight she has been able to get onto is on Thursday evening. We do not expect to see her until Friday. INDUSTRIAL RELATIONS AMENDMENT (PUBLIC SECTOR CONDITIONS OF EMPLOYMENT) BILL 2011 Third Reading The Hon. GREG PEARCE (Minister for Finance and Services, and Minister for the Illawarra) [2.47 p.m.]: I move: That this bill be now read a third time. The Hon. SOPHIE COTSIS [2.47 p.m.]: On 12 May 2011 the Government, without any prior warning to the community or to public sector employees, announced its radical, right-wing, new industrial relations proposals by press release. This was breathtaking, given how significant and far-reaching these reforms will be and how recent the election was. Before the election, the relevant shadow Minister, the Hon.