8698 LEGISLATIVE ASSEMBLY Tuesday 11 May 2004 ______ Mr Speaker (The Hon. John Joseph Aquilina) took the chair at 2.15 p.m. Mr Speaker offered the Prayer. ADMINISTRATION OF THE GOVERNMENT Mr SPEAKER: I report the receipt of the following message from Her Excellency the Governor: GOVERNOR OFFICE OF THE GOVERNOR Marie Bashir SYDNEY 2000 Professor Marie Bashir, Governor of New South Wales, has the honour to inform the Legislative Assembly that she re-assumed the administration of the Government of the State on 10 May 2004. 10 May 2004 VARIATIONS OF PAYMENTS ESTIMATES AND APPROPRIATIONS 2003-04 Mr Craig Knowles tabled variations of the payments estimates and appropriations for 2003-04 under section 24 of the Public Finance and Audit Act 1983 flowing from the transfer of functions from the Ministry of Transport to the Department of Infrastructure, Planning and Natural Resources. PETITIONS Balgowlah North Public School Petition requesting an upgrade of the Balgowlah North Public School facilities, received from Mr David Barr. Gaming Machine Tax Petitions opposing the decision to increase poker machine tax, received from Mr Andrew Fraser, Mrs Judy Hopwood, Mr Malcolm Kerr, Mr Steven Pringle and Mr John Turner. White City Site Rezoning Proposal Petition praying that any rezoning of the White City site be opposed, received from Ms Clover Moore. Water Police Pyrmont Site Petition opposing development of the current Water Police Pyrmont site, received from Ms Clover Moore. Kosciuszko National Park Management Plan Petition opposing the formulation of the Kosciuszko National Park Management Plan without community consultation, received from Mr Ian Armstrong. Blue Mountains National Park Fire Management Strategy Petition requesting inclusion of Woods Reserve, Grose Wold, in the Blue Mountains National Park fire management strategy, received from Mr Steven Pringle. Freedom of Religion Petition praying that the House reject the Anti-Discrimination (Removal of Exemptions) Bill, and retain the existing exemptions applying to religious bodies in the Anti-Discrimination Act, received from Mr Russell Turner. 11 May 2004 LEGISLATIVE ASSEMBLY 8699 Coffs Harbour Pacific Highway Bypass Petition requesting the construction of a Pacific Highway bypass for the coastal plain of Coffs Harbour, received from Mr Andrew Fraser. 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. Windsor Traffic Conditions Petition requesting funding for construction of a bridge across the Hawkesbury River, from Wilberforce Road and Freemans Reach Road, connecting to the bridge into Windsor, and the rescheduling of the current roadworks program, received from Mr Steven Pringle. Buttsworth Creek Bridge Petition requesting funding for repairs to Buttsworth Creek Bridge to make it safe for pedestrians and cyclists, received from Mr Steven Pringle. M4 East Exhaust Stacks Petition opposing the use of unfiltered exhaust stacks in the construction of the M4 East motorway, received from Mr Michael Richardson. Acquired Brain Injury Patients Petition requesting facilities for acquired brain injury patients, received from Mr Greg Aplin. Coffs Harbour Aeromedical Rescue Helicopter Service Petitions requesting that plans for the placement of an aeromedical rescue helicopter service based in Coffs Harbour be fast-tracked, received from Mr Steve Cansdell, Mr Andrew Fraser and Mr Thomas George. Murwillumbah to Casino Rail Service Petitions requesting the retention of the CountryLink rail service from Murwillumbah to Casino, received from Mr Steve Cansdell, Mr Andrew Fraser, Mr Thomas George, Mr Neville Newell, Mr Donald Page and Mr Andrew Stoner. 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 Andrew Fraser, Ms Katrina Hodgkinson and Mr John Turner. State Forests Petition opposing any proposal to sell State Forests, received from Ms Katrina Hodgkinson. Broadmeadow to Newcastle Rail Services Petitions opposing the proposed closure of the railway line from Broadmeadow to Newcastle, received from Mr Jeff Hunter and Mr John Mills. Redfern and Surry Hills Bus Services Petition requesting improved bus services in Redfern and Surry Hills, received from Ms Clover Moore. 8700 LEGISLATIVE ASSEMBLY 11 May 2004 Homeless Services Funding Petition requesting increased funding for homeless services, received from Ms Clover Moore. Underground Water Overuse and Evaporation Petition requesting an inquiry into underground water overuse and evaporation through irrigation, received from Mr Peter Draper. Isolated Patients Travel and Accommodation Assistance Scheme Petitions objecting to the criteria for country cancer patients to qualify for the Isolated Patients Travel and Accommodation Assistance Scheme, received from Mr Thomas George and Ms Katrina Hodgkinson. Horticultural Industry Water Restrictions Assistance Petition requesting assistance for the horticultural industry to cope with water restrictions, received from Mr Steven Pringle. Sow Stall Ban Petition requesting the total ban of sow stalls, received from Ms Clover Moore. Cat and Dog Meat Petition requesting legislation banning the sale of cat and dog meat for human or animal consumption, received from Ms Clover Moore. MINISTRY Mr BOB CARR: In the absence of the Minister for Health, I will answer questions on his behalf. LEGISLATION REVIEW COMMITTEE Report Mr Barry Collier, as Chairman, tabled the report entitled "Legislation Review Digest No 7 of 2004", dated 11 May 2004. QUESTIONS WITHOUT NOTICE ______ GOULBURN BASE HOSPITAL WOUND CLINIC PATIENT TREATMENT Mr JOHN BROGDEN: My question without notice is directed to the Premier. How does he defend the treatment of Jean Campbell, a patient at Goulburn Base Hospital wound clinic, who, for a period of more than two months, was forced to take home her used bandages for her leg ulcers and wash them before returning to the clinic to have the same bandages reapplied? Why was she not given new bandages? Mr BOB CARR: I will seek advice from the health department on that issue. The management of the area health service has recently received more than $1 million in additional funding. The Government required the resignation of the chair of the area health service board and there has been a comprehensive management clearout. Mr SPEAKER: Order! Before I call on the honourable member for Strathfield I warn the House early that I will not tolerate members yelling out from their seats in a deliberate attempt to interrupt the flow of proceedings. Members will show the House some respect and the Premier and Ministers answering questions will be treated with decorum. I warn members early that they will be called to order if the behaviour we have just witnessed persists. 11 May 2004 LEGISLATIVE ASSEMBLY 8701 SEXUAL ASSAULT PROCEEDINGS Ms VIRGINIA JUDGE: My question without notice is directed to the Attorney General. What is the latest information on alternative arrangements for victims giving evidence in sexual assault proceedings? Mr BOB DEBUS: A number of recent high-profile cases have brought into sharp relief the distress experienced by victims giving evidence in sexual assault proceedings and the potential for that distress to be intensified when a case is set out down for retrial. The question is how to ameliorate that distress without enhancing the risk of further legal challenge or undermining the credibility of the complainant in the eyes of the jury. There are both practical and legal questions to overcome in bringing about any reform in this most difficult area. The Government has previously moved to improve protection for victims of sexual assault in various ways, including putting in place arrangements for the provision of closed-circuit television in sexual assault cases involving children, greatly increasing the number of witness officers available to support victims of crime, restricting cross-examination in committal proceedings, piloting a new sexual assault jurisdiction for child assault cases in Sydney west and Dubbo and, most recently, prohibiting cross-examination of victims by unrepresented accused. Building on the experience gained during the reform of the child sexual assault jurisdiction, and following the recommendations of the Law Reform Commission of this State, I can advise the House that the Government is moving to enable adult victims of sexual assault to give evidence through the use of closed- circuit television [CCTV] and other alternative means. There is presently some capacity for adult complainants to give evidence through CCTV. However, it is a discretion that is exercised very rarely. The Government will move to create a presumption that a complainant who gives evidence in sexual assault proceedings has the ability to give evidence through a means such as CCTV and the complainant will be entitled to have a support person with him or her in court or in a remote witness facility. It is important to bear in mind that not all victims of sexual assault will wish to give evidence through means such as CCTV. Some of our most experienced prosecutors in sexual assault believe that the healing process for victims begins when they have faced their attackers in court. A powerful argument may be made that a jury gives much greater weight to the testimony of a witness that it has seen in person in court. Nevertheless, the best advice of experienced prosecutors