2817 LEGISLATIVE COUNCIL NOTICE PAPER No. 72 THURSDAY 23 SEPTEMBER 2004 The House meets this day at 11.00 am Contents Business of the House—Notices of Motions..................................................................................................... 2818 Private Members’ Business ............................................................................................................................... 2818 Items in the Order of Precedence ........................................................................................................... 2818 Items Outside the Order of Precedence.................................................................................................. 2822 Government Business—Notices of Motions ..................................................................................................... 2873 Government Business—Orders of the Day ....................................................................................................... 2873 Committee Reports—Orders of the Day ........................................................................................................... 2874 Budget Estimates—Take Note Debate .............................................................................................................. 2874 Contingent notices of motions........................................................................................................................... 2875 2818 Legislative Council Notice Paper No. 72—Thursday 23 September 2004 BUSINESS OF THE HOUSE—NOTICES OF MOTIONS 1. Mr Ryan to move— That under section 41 of the Interpretation Act 1987, this House disallows the Children’s Services Regulation 2004 published in Government Gazette No. 87, dated 21 May 2004, page 2925, and tabled in this House on 1 June 2004. (Notice given 21 September 2004) ____________________ PRIVATE MEMBERS’ BUSINESS ITEMS IN THE ORDER OF PRECEDENCE *1. Family Impact Commission Bill 2003: resumption of the adjourned debate (31 August 2004) of the question on the motion of Revd Mr Nile: That this bill be now read a second time—Ms Pavey. (20 minutes remaining). Adjourned until 21 October 2004 2. Mr Tingle to move— That leave be given to bring in a Bill for an Act to amend the Crimes Act 1900 to create an offence of making vexatious or frivolous applications for apprehended violence orders; to amend the Firearms Act 1996 with respect to the effect of apprehended violence orders; and for other purposes. (Crimes and Firearms Legislation Amendment (Apprehended Violence Orders) Bill) (Notice given 24 June 2003) (First postponement 2 September 2004) 3. Millennium Trains—Disclosure of documents: resumption of the interrupted debate (16 September 2004) of the question on the motion of Mr Pearce: 1. That this House: (a) notes that certain public documents tabled in this House in accordance with the resolution for an order for papers dated 7 May 2003, in relation to the Government’s tender for procurement of and management of the contract for acquisition of the Millennium trains, disclose: (i) the Design, Build and Maintenance contract for Stage 1 Millennium Train cars, dated 8 October 1998 (“the Contract”), and approved by the Budget Committee of Cabinet on 29 June 1998, was awarded despite specific warnings given to the Premier and other Ministers about significant and unacceptable risk in the proposed procurement, (ii) expenditure of $8.9 million was approved by the State Rail Authority (SRA) Board on 31 January 2002, and by the former Transport Minister Scully on 11 2819 Legislative Council Notice Paper No. 72—Thursday 23 September 2004 February 2002, for settlement of so-called “claims” for extension of time and additional costs by the Millennium Trains’ contractor including the approval of an expected total for Stage 1 ( including foreign exchange, escalation and approved variations) of $20 million and a total for all 3 stages limited to $35 million, although necessary contractural provisions for such “claims” had not been followed, (iii) the delivery of the first Millennium Train set on 30 June 2002 and sets 2 and 3 in July and September 2002 respectively, were accepted, and payment of approximately $10 million for each of Sets 1 and 2 by the SRA, and by Treasury for Set 3, was made, even though the “claims” referred to above remained unresolved, (iv) the entry Deed of Variation and the grant of Stage 2 contract in November 2002 were entered into, notwithstanding the January 2002 decisions, further delays and advice from Rail Infrastructure Corporation (RIC), with the decisions of the SRA Board and the Budget Committee of Cabinet agreeing to a settlement with EDI Rail in October 2002 including: (a) a lump sum upfront payment contrary to the conditions of the tender and the contract of $30 million approved by Treasurer Egan to cover finance charges, such payment being disguised as an advanced payment for design and development costs, which potentially misled the Swedish financiers of the train and disadvantaged other tenderers, and (b) no liquidated damages despite $114 million extra costs, and 409 days extension of time, with the revised delivery still 13.5 months late. (v) the failure of former Transport Minister Scully and the SRA to enforce the provisions of the Millennium train contract in relation to variations, defaults and delays, and the delay in the process of obtaining of advice on settlement, which was only obtained after commercial agreement, (vi) the failure of former Transport Minister Scully and the SRA to enforce liquidated damages provisions of the contract, noting that following the failure of EDI Rail to meet the initial delivery date 4 January 2001, Mr Ron Christie, the Acting CEO, informed Minister Scully that the SRA would maintain pressure on EDI Rail to deliver trains on schedule, and that up to $10 million would be available in liquidated damages and further that EDI Rail would have to assume the financial costs of delay. (b) notes that certain documents provided with the return to order remain privileged, are available only to members and may not be published without an order of the House. 2. That, in order to ensure that there can be a full and proper investigation of whether the conduct of any public official in relation to these matters amounted to corrupt conduct or conduct liable to allow, encourage or cause the occurrence of corrupt conduct, the House authorises: (a) any member of the House to disclose the contents of the privileged documents in the custody of the Clerk to the Independent Commission Against Corruption, (b) the Commissioner of the Independent Commission Against Corruption, by communication in writing to the Clerk, to inspect the privileged documents and make copies—Mr Pearce speaking. (7 minutes remaining) Debate—2 hours 37 minutes remaining. 2820 Legislative Council Notice Paper No. 72—Thursday 23 September 2004 4. Ms Hale to move— That this House: (a) calls on the Federal Government to review schedule 3 of the Telecommunications Act 1997 and its ‘Low Impact Facilities’ determination, that currently exempts telecommunications companies from planning laws for certain facilities, (b) calls on State and Federal government agencies to address the current deplorable state of enforcement of current laws relating to the installation of mobile phone towers, (c) calls on the State Government to introduce legislation consistent with European guidelines that bans the installation of 3G mobile phone towers within 300 metres of any school ground, and (d) calls on local councils to introduce Development Control Plans requiring Development Consent for all mobile phone tower installations. (Notice given 11 November 2003) 5. Ms Fazio to move— 1. That this House condemns the Federal Government: (a) for its failure to provide adequate funding for aged care services in New South Wales, (b) for its failure to address the growing needs of our ageing community, especially in regards to care for dementia sufferers, which places an undue burden on the families of these aged people, (c) for the lack of available aged care beds in public hospitals thereby increasing the pressure on home care nursing, (d) for its failure to recognise that many aged people can languish in public hospital beds long after their medical needs have been attended to because no appropriate accommodation is available in an aged care facility. 2. That this House calls on the Federal Government to initiate bi-partisan talks with the State Government to address these needs rather than continue to deny that any problem exists. (Notice given 24 June 2003) 6. Ms Cusack to move— That leave be given to bring in a Bill for an Act to establish a register of government school assets and to provide for the preparation of school status reports and building plans; and for other purposes. (Government School Assets Register Bill) (Notice given 24 February 2004) 2821 Legislative Council Notice Paper No. 72—Thursday 23 September 2004 7. Mr Jenkins to move— That leave be given to bring in a Bill for an Act to amend the Wilderness Act 1987 with respect to the control and management of feral animals and noxious weeds in wilderness areas; and for other purposes. (Wilderness Amendment Bill) (Notice given 6 May 2004) 8. Ms Burnswoods to move— This House notes with concern the rising incidence of obesity in children and young people and congratulates the Carr Government on its recently announced Healthy School Canteen strategy as one part of its response to the 2002 Childhood Obesity Summit. (Notice