21631 LEGISLATIVE COUNCIL Thursday 18 March 2010 __________ The President (The Hon. Amanda Ruth Fazio) took the chair at 11.00 a.m. The President read the Prayers. AUSTRALIAN SOCCEROOS Motion by the Hon. Michael Veitch agreed to: That this House congratulates the Australian Socceroos on qualifying for the 2010 FIFA World Cup to be held in South Africa. SPEEDBLITZ BLUES Motion by the Hon. Michael Veitch agreed to: That this House congratulates the New South Wales SpeedBlitz Blues on winning the inaugural World Champions League Twenty20 competition held in India. BIKE PLAN Motion by Ms Lee Rhiannon agreed to: 1. That this House notes that: (a) in August 2008 the Government announced that the Premier's Council on Active Living (PCAL) had been commissioned to prepare a new bike plan for New South Wales, (b) the plan was expected to map out new programs and facilities needed to support the development of cycling for recreation and transport, (c) submissions were called for and submitted by a range of individuals and groups, (d) the Government is well overdue in releasing the plan, with no fixed date for its publication except, as noted on the Premier's Council on Active Living website, that "finalisation and release of the PCAL NSW Bike Plan is awaiting the State's overarching transport strategy", and (e) cycling is increasing in New South Wales, yet funding and infrastructure remains inadequate to meet demand or promote cycling as a way of tackling climate change, peak oil, congestion, poor air quality and to reduce accidents and deaths from poor quality cycling facilities. 2. That this House calls on the Government: (a) to recognise the need for an updated, comprehensive bike plan for New South Wales and related funding and infrastructure, and (b) to immediately release the promised bike plan to the community. BUSHRANGER THUNDERBOLT Motion by the Hon. Rick Colless agreed to: That, under Standing Order 53, an Address be presented to the Governor requesting that her Excellency may be pleased to cause to be laid upon the table of the House within 35 days of the date of the passing of this resolution, the following documents in relation to the administration of justice: (a) written reports from two Armidale constables made to their superior officer, during the week following the 25 May 1870, to the effect that the two constables observed and pursued the bushranger Thunderbolt and his horse Combo at the Glen Innes races three days after he was shot dead at Uralla, (b) all documents originating from the Officer in Charge of the Uralla Police Senior Constable John Mulhall with respect to the pursuit and capture of the bushranger Thunderbolt, 21632 LEGISLATIVE COUNCIL 18 March 2010 (c) all documents originating from Superintendent S. Dowling Brown of Armidale police with respect to the pursuit and capture of the bushranger Thunderbolt, (d) all documents comprising police staff records of Senior Constable John Mulhall of Uralla for the period 1 May 1870 up to the time he ceased to be employed by the New South Wales police force, (e) all documents relating to the identification procedures of the corpse presumed to be the bushranger Thunderbolt following his fatal capture by Constable Walker on 25 May 1870, (f) all documents comprising Dr Spasshatt's original autopsy report of the person presumed to be the bushranger Thunderbolt, dated 26 May 1870, and presented to the inquest on Thursday 26 May 1870, (g) all original documents relating to the inquest of the person presumed to be the bushranger Thunderbolt conducted at Uralla, dated 26 May 1870, excluding the amended documents forwarded to Sydney during the first week of June 1870, and (h) any document which records or refers to the production of documents as a result of this Address. ROADS AND TRAFFIC AUTHORITY LAND SALE Production of Documents: Order Motion by Ms Lee Rhiannon agreed to: That, under Standing Order 52, there be laid upon the table of the House within 14 days of the date of the passing of this resolution the following documents in the possession, custody or control of the Minister for Roads, the Roads and Traffic Authority, the Minister for Planning, the Department of Planning or the National Parks and Wildlife Service: (a) all documents relating to the sale to Rocla Pty Ltd in 2006 of land owned by the Roads and Traffic Authority adjacent to Australia Walkabout Wildlife Park (formerly known as Calga Springs Sanctuary), (b) any document relating to an expression of interest made prior to the sale by Rocla Pty Ltd to use the site to build and operate a sand mine or quarry, (c) any document which relates or refers to any evaluation or testing by the Roads and Traffic Authority prior to the sale of the site's suitability for sand mining, (d) any document relating or referring to the environmental or heritage value of the site prior to the sale, and (e) any document which records or refers to the production of documents as a result of this order of the House. SELECT COMMITTEE ON THE NSW TAXI INDUSTRY Extension of Reporting Date Motion by the Hon. John Ajaka agreed to: That the reporting date for the Select Committee on the NSW Taxi Industry be extended until Thursday 10 June 2010. REPUBLICATION AND REBROADCASTING OF PARLIAMENTARY PROCEEDINGS The PRESIDENT: I wish to bring to the attention of members the issue of the republication of extracts from Hansard by members for themselves or for distribution to third parties, and the rebroadcasting of video or audio footage of the proceedings of Parliament or provision of such footage to third parties. Members will shortly receive a briefing note outlining a number of issues in relation to the republication and rebroadcasting of parliamentary proceedings either in the form of Hansard or in the form of audiovisual footage available from Parliament. I want to highlight some of the more important issues raised in that briefing note. In relation to parliamentary privilege, members should be aware that while absolute privilege attaches to the publication of parliamentary proceedings in Hansard and on the Parliament's website, any subsequent republication or rebroadcasting by members or others is not afforded the same protection. Consequently, any person who publishes excerpts from Hansard or official footage may be exposed to legal liability if the material is defamatory. The republication or rebroadcast of parliamentary proceedings that includes defamatory material may, however, be protected under the defences to the publication of defamatory material under the common law and division 2 of part 4 of the Defamation Act 2005, sections 25 to 33. Those defences include the defence of justification, the defence of qualified privilege and the defence of fair report. In relation to the conditions that are set out in the briefing note for the republication or rebroadcasting of parliamentary proceedings under the Parliament's webcast conditions of access and copyright notice, I wish to advise members that the conditions are aimed at ensuring, to the greatest extent possible, that any republication or rebroadcast of parliamentary proceedings is considered to be fair and undertaken in good faith. 18 March 2010 LEGISLATIVE COUNCIL 21633 PARLIAMENTARY SECRETARIES The Hon. JOHN HATZISTERGOS: I inform the House that on 10 March 2010 Ms Angela D'Amore, MP, was appointed as Parliamentary Secretary Assisting the Minister for Police, and Assisting the Minister for Climate Change and the Environment. PRIVILEGES COMMITTEE Reports The Hon. Jennifer Gardiner, on behalf of the Chair, tabled the following reports: (1) Report No. 48, entitled "Citizen's Right of Reply (Church of Scientology, Australia)", dated March 2010. (2) Report No. 49, entitled "Citizen's Right of Reply (Mr D Kennedy) (No. 2)", dated March 2010. Ordered to be printed on motion by the Hon. Jennifer Gardiner. DEATH OF ROBERT WOODWARD, AM The PRESIDENT: I inform the House of the passing on Sunday 21 February 2010 of Mr Robert Woodward, AM, the architect who designed the fountain in this Parliament. Members and officers of the House stood in their places as a mark of respect. PETITIONS Coogee Bay Hotel Site Petition opposing any redevelopment of the site bounded by Coogee Bay Road and Arden and Vicar Streets under part 3A of the Environmental Planning and Assessment Act 1979, received from the Hon. Don Harwin. IRREGULAR PETITION Leave granted for the suspension of standing orders to allow Mr Ian Cohen to present an irregular petition. Former HMAS Adelaide Petition opposing the sinking of the former HMAS Adelaide off Avoca Beach, received from Mr Ian Cohen. BUSINESS OF THE HOUSE Withdrawal of Business Contingent Notices of Motions on the Notice Paper for today relating to various bills withdrawn by the Hon. John Hatzistergos. GENERAL PURPOSE STANDING COMMITTEES Membership The PRESIDENT: I report to the House that the Clerk has received the following nominations from the Leader of the Government regarding membership of general purpose standing committees of the Legislative Council: General Purpose Standing Committee No. 2: Mr Moselmane in place of Mr Donnelly. General Purpose Standing Committee No. 4: Mr Moselmane in place of Mr Catanzariti. 21634 LEGISLATIVE COUNCIL 18 March 2010 WASTE RECYCLING AND PROCESSING CORPORATION (AUTHORISED TRANSACTION) BILL 2010 (NO 2) Bill received from the Legislative Assembly. The Hon. PENNY SHARPE (Parliamentary Secretary) [11.22 a.m.], on behalf of the Hon. John Robertson: I move: That this bill be now read a first time and printed. Dr John Kaye: Madam President— The PRESIDENT: Order! The question must be put without amendment or debate. Question—That the motion be agreed to—put. The House divided. Ayes, 25 Mr Ajaka Mr Lynn Ms Sharpe Mr Catanzariti Mr Mason-Cox Mr Veitch Mr Clarke Mr Moselmane Ms Voltz Mr Colless Reverend Dr Moyes Mr West Ms Cusack Reverend Nile Ms Westwood Ms Ficarra Ms Parker Miss Gardiner Mrs Pavey Tellers, Mr Gay Mr Pearce Mr Donnelly Mr Khan Ms Robertson Mr Harwin Noes, 4 Mr Cohen Ms Hale Tellers, Dr Kaye Ms Rhiannon Question resolved in the affirmative.