20023 LEGISLATIVE COUNCIL Tuesday 29 November 2005 ______ The President (The Hon. Dr Meredith Burgmann) took the chair at 2.30 p.m. The Clerk of the Parliaments offered the Prayers. The PRESIDENT: Order! I acknowledge that we are meeting on Eora land. ASSENT TO BILLS Assent to the following bills reported: Gene Technology (GM Crop Moratorium) Amendment (Postponement of Expiry) Bill Health Legislation Amendment Bill National Parks and Wildlife Amendment (Jenolan Caves Reserves) Bill National Park Estate (Reservations) Bill Public Sector Employment and Management Amendment (Extended Leave) Bill Consumer Credit (New South Wales) Amendment (Maximum Annual Percentage Rate) Bill Royal Blind Society (Merger) Bill State Emergency Service Amendment Bill Infrastructure Implementation Corporation Bill Retail Leases Amendment Bill First State Superannuation Legislation Amendment (Conversion) Bill Shops and Industries Amendment (Special Shop Closures) Bill Children and Young Persons (Care and Protection) Amendment Bill Crimes Amendment (Animal Cruelty) Bill Farm Debt Mediation Amendment (Water Access Licences) Bill Protection of the Environment Operations Amendment Bill Rice Marketing Amendment (Prevention of National Competition Policy Penalties) Bill Statute Law (Miscellaneous Provisions) Bill (No. 2) Bill Technical and Further Education Commission Amendment (Staff) Bill Vocational Education and Training Bill Companion Animals Amendment Bill DEATH OF THE HONOURABLE JOHN PATRICK DUCKER, AO, A FORMER MEMBER OF THE LEGISLATIVE COUNCIL The PRESIDENT: I announce the death on 25 November 2005 of Mr John Patrick Ducker, AO, aged 73 years, a former member of the Legislative Council. On behalf of the House I have extended to his family the deep sympathy of the Legislative Council in the loss sustained. I ask members and officers to kindly stand as a mark of respect. Members and officers of the House stood in their places. LEGISLATION REVIEW COMMITTEE Report The Hon. Penny Sharpe, on behalf of the Chair, tabled the report entitled "Legislation Review Digest No. 15 of 2005", dated 29 November 2005, together with extracts of minutes for Digest No. 14. Report ordered to be printed. TABLING OF PAPERS The Hon. Eric Roozendaal tabled the following papers: 1. Annual Reports (Departments) Act 1985—Reports for the year ended 30 June 2005: Cabinet Office Community Relations Commission 20024 LEGISLATIVE COUNCIL 29 November 2005 Department of Gaming and Racing Department of Housing Department of Infrastructure, Planning and Natural Resources Heritage Council of NSW and Heritage Office Liquor Administration Board Ministry for Science and Medical Research New South Wales Treasury—Crown Entity New South Wales Treasury—Office of Financial Management New South Wales Treasury—Office of State Revenue Parliamentary Counsel's Office State Electoral Office 2. Annual Reports (Statutory Bodies) Act 1984—Reports for the year ended 30 June 2005: Australian Inland Energy Water Infrastructure (trading as Australian Inland) Building and Construction Industry Long Service Payments Corporation Chiropractors Registration Board Coal Compensation Board Commissioners of Inquiry for Environment and Planning Cooks Cove Development Corporation Country Energy Delta Electricity Dental Technicians Registration Board Election Funding Authority Environmental Trust Eraring Energy Health Care Complaints Commission Hunter Water Corporation—Volumes 1 and 2 Integral Energy Jenolan Caves Reserve Trust Landcom Lord Howe Island Board Macquarie Generation Motor Accidents Authority of New South Wales Murrumbidgee Catchment Management Authority Namoi Catchment Management Authority Natural Resources Commission Nurses and Midwives Board Optical Dispensers Licensing Board Optometrists Registration Board Osteopaths Registration Board Physiotherapists Registration Board Podiatrists Registration Board Psychologists Registration Board Royal Botanic Gardens and Domain Trust Sydney Ferries Corporation Sydney Harbour Foreshore Authority Sydney Water Corporation Waste Recycling and Processing Corporation (trading as WSN Environmental Solutions) Zoological Parks Board of New South Wales 3. Community Justice Centres Act 1983—Report of the Community Justice Centres Council for the year ended 30 June 2005. 4. Law and Justice Foundation Act 2000—Report of the Law and Justice Foundation for the year ended 30 June 2005. 5. State Owned Corporations Act 1989—Statements of corporate intent for the year ending 30 June 2006: Country Energy Delta Electricity Eraring Energy Integral Energy Macquarie Generation TransGrid Ordered to be printed. VARIATIONS OF PAYMENTS ESTIMATES AND APPROPRIATIONS 2005-06 The Hon. Eric Roozendaal tabled, pursuant to the Public Finance and Audit Act 1983, variations of the payments estimates and appropriations for 2005-06 relating to various agencies. 29 November 2005 LEGISLATIVE COUNCIL 20025 AUDIT OFFICE Report The Clerk announced the receipt, pursuant to the Public Finance and Audit Act 1983, of a performance audit report of the Auditor-General entitled "Purchasing Hospital Supplies: Follow-up of 2002 Performance Audit", dated November 2005. The Clerk announced further that, pursuant to the Act, it had been authorised that the report be printed. STANDING COMMITTEE ON LAW AND JUSTICE Government Response to Report The Clerk announced the receipt, pursuant to standing orders, of the Government's response to report No. 27, entitled "Review of the Exercise of the Functions of the Motor Accidents Authority and the Motor Accidents Council—Sixth Report". The Clerk announced further that, pursuant to standing orders, it had been authorised that the report be printed. SWANSEA BRIDGES Production of Documents: Return to Order The Clerk tabled, pursuant to the resolution of 9 November 2005, documents relating to Swansea bridges received on 23 November 2005 from the Director General of the Premier's Department, together with an indexed list of the documents. Production of Documents: Claim of Privilege The Clerk tabled a return identifying those of the documents that are claimed to be privileged and should not be tabled or made public. The Clerk advised that pursuant to standing orders the documents are available for inspection by members of the Legislative Council only. TALLOWA DAM Production of Documents: Return to Order The Clerk tabled, pursuant to the resolution of 9 November 2005, documents relating to Tallowa Dam received on 23 November 2005 from the Director General of the Premier's Department, together with an indexed list of the documents. DESALINATION PLANT PROPOSAL Production of Documents: Return to Order The Clerk tabled, pursuant to the resolution of 9 November 2005, documents relating to the desalination plant received on 23 November 2005 and 24 November 2005 from the Director General of the Premier's Department, together with an indexed list of the documents. Production of Documents: Claim of Privilege The Clerk tabled a return identifying those of the documents that are claimed to be privileged and should not be tabled or made public. The Clerk advised that pursuant to standing orders the documents are available for inspection by members of the Legislative Council only. 20026 LEGISLATIVE COUNCIL 29 November 2005 PETITIONS Casino to Murwillumbah Rail Services Petition requesting reinstatement of rail services from Casino to Murwillumbah, received from the Hon. Catherine Cusack. Desalination Plant Proposal Petition opposing construction of a desalination plant in Sydney, and supporting a sustainable water system through harvesting, recycling, reclaiming and treating water, received from Reverend the Hon. Dr Gordon Moyes. Mental Health Services Petition requesting upgrading of Rozelle Hospital at Callan Park, provision of the proposed Concord facility, and restoration of all community services that have been closed since the publication of the Richmond report, received from Ms Sylvia Hale. Anti-Discrimination Legislation Petition requesting support for the Anti-Discrimination Amendment (Equality in Education and Employment) Bill and the Anti-Discrimination Amendment (Sexuality and Gender Diversity) Bill, received from Ms Lee Rhiannon. BUSINESS OF THE HOUSE Postponement of Business Government Business Order of the Day No. 2 postponed on motion by the Hon. Tony Kelly. SELECT COMMITTEE ON THE CROSS-CITY TUNNEL Membership The PRESIDENT: I inform the House that the Clerk has received the following nominations for membership of the Select Committee on the Cross-City Tunnel: The Hon. Amanda Fazio ....................................................... Government The Hon. Greg Pearce ........................................................... Opposition Ms Lee Rhiannon .................................................................. Crossbench GENERAL PURPOSE STANDING COMMITTEE NO. 3 Reference The Hon. AMANDA FAZIO: I inform the House that on Wednesday 23 November 2005 General Purpose Standing Committee No. 3 resolved to adopt the following terms of reference: That General Purpose Standing Committee No. 3 inquire into and report on issues relating to the following areas of the operations and management of the Department of Corrective Services and other relevant agencies: 1. The operations and management of Corrective Services Industries [CSI] with regard to: (a) the observance of the Charter to avoid unfair competition through the use of prisoner labour to compete with existing businesses, (b) claims that curtain manufacture by CSI is replicating work previously done by other NSW businesses