22 Opening of Session [ASSEMBLY] Government Administration 1fi.egislatin.e J\s£~.emhl11 Sir ROBERT ASKIN (Collaroy), Premier and Treasurer [2.31]: I move: Wednesday, 8 August, 1973 That the following Resolution in acknow­ ledgment of the Honourable the Chief Justice's Message be adopted by this House: Fourth Session of Forty-Third Parliament-Adminis­ tration of the Government-Serjeant-at-Arms­ (i) That this House desires to express its Assent to Bills-Governor's Salary (Amendment) Bill (Assent)-Legislative Council: Vacant Seat thanks to the Honourable John Robert Kerr, (Issue of W.rit)-Leave of Absence--Death of J. J. C.M.G., the Chief Justice of the Supreme Court Fitzgerald, a former Minister of the Crown­ of New South Wales, for his Message of 4 Death of H. T. Fowles, a former Acting Speaker -Pro Formti Legislation-Death of Sir Leslie May, 1973, informing Members that, conse­ Herron, Lieutenant.:Governor. quent on the death of the Lieutenant-Governor, the Honourable Sir Leslie Herron, K.B.E., C.M.G., on 3 May, 1973, he had assumed the administration of the Government of New FOURTH SESSION OF THE FORTY-THIRD South Wales on 4 May, 1973. PARLIAMENT (i~) That the foregoing Resolution be com­ mumcated by Mr Speaker to His Excellency The House met at noon, pursuant to a the Governor, for transmission to the Honour­ proclamation of His Excellency the Admin­ able John Robert Kerr, C.M.G. istrator of the Government. Mr HILLS (Phillip), Leader of the Mr SPEAKER (THE HoN. SIR KEVIN Opposition [2.32]: I second the motion. ELLIS) took the chair. Mr SPEAKER offered the Prayer. Motion agreed to. The Clerk read the proclamation. ADMINISTRATION OF THE OPENING OF SESSION GOVERNMENT The Usher of the Black Rod, being ad­ Mr DEPUTY-SPEAKER reported the follow­ mitted, delivered a message from His Excel­ ing message from His Excellency the lency the Governor requesting the immedi­ Governor: ate attendance of this honourable House in A. R. CUTLER, the Legislative Council Chamber. Governor. The House went, and honourable mem­ The Governor of the State of New South Wales, Sir Roden Cutler, has the honour to bers having returned, !nforll! the Legislative Assembly that, follow­ fMr Speaker left the chair at 12.52 p.m. Ing h1s return from an official visit to the The House resumed at 2.30 p.m.] United Kingdom, he has .this day re-assumed the administration of the Government of the State. ADMINISTRATION OF THE Government House, GOVERNMENT Sydney, 28 May, 1973. Mr DEPUTY..:SPEAKER reported the follow­ ing message from His Excellency the Sir ROBERT ASKIN ( Collaroy) , Administrator of the Government: Premier and Treasurer {2.33]: I move: JoHN R. KERR, That the following Resolution in acknow­ Administrator. ledgment of His Excellency's Message be adopted by this House, and transmitted to His The Honourable John Robert Kerr, Adminis­ Excellency the Governor: trator of the Government of the State of New South Wales, has the honour to inform the That this House desires to express its thanks Legislative Assembly that, consequent on the to His Excellency the Governor for his Message death of the Lieutenant-Governor, the Honour­ of 28 May, 1973, informing Members that able Sir Leslie Herron, K.B.E., C.M.G., on 3rd consequent on his return from an official visit May, 1973, he this day took the Oath of to the United Kingdom, he had re-assumed the Allegiance and the Official and Judicial Oath administration of the Government of New before the President of the Court of Appeal of South Wales on that day. the Supreme Court of New South Wales and assumed the administmtiion of the Govern­ Mr HILLS (Phillip), Leader of the ment of the .State. Opposition [2.34]: I second the motion. Government House, Sydney, 4 May, 1'973. Motion agreed to. Serjeant-at-Arms [8 Auo., 1973] Leave of Absence 23 SERJEANT-AT-ARMS Parliamentary Electorates and Elections (Amendment) Bill Mr DEPUTY-SPEAKER: I have to inform Prevention of Cruelty to Animals (Amend­ the House that I have received a commission ment) Bill Printing and Newspapers Bill in favour of Mr William Geoffrey Luton, Private Irrigation Districts and Water who has been appointed by His Excellency (Amendment) Bill the Governor and the Executive Council, Serjeant-at-Arms of the Legislative Assem­ GOVERNOR'S SALARY (AMENDMENT) bly, in the room of Mr Frederick Augustine BILL Mahony, retired. His Excellency the Gov­ ASSENT ernor has already administered to Mr Luton Mr DEPUTY-SPEAKER reported a message the oath of allegiance and the oath of office from His Excellency the Lieutenant-Gov­ as Serjeant-at-Arms of the Legislative ernor stating that His Excellency had re­ Assembly of New South Wales. served the Governor's Salary (Amendment) Bill for the signification of Her Majesty's pleasure thereon. ASSENT TO BILLS Royal assent to the following bills re- LEGISLATIVE COUNCIL: VACANT SEAT ported: ISSUE OF WRIT Administration of Justice Bill Companies (Amendment) Bill Mr DEPUTY-SPEAKER reported the receipt Co-operation and Other Acts (Amendment) of a message from His Excellency the Gov­ Bill Electricity Development (Amendment) Bill ernor intimating that with the advice of the Mock Auctions Bill Executive Council he had issued a writ for Motor Traffic and Transport (Amendment) Bill the election, on 30th August, 1973, of a Workers' Compensation (Insurance) Bill member of the Legislative Council to fill Audit (Amendment) Bill Dairy Industry (Amendment) Bill the vacancy caused by the resignation of Electricity Commission (Superannuation) the Hon. Ernest Gerard Wright. Amendment Bill Grain Elevators (Amendment) Bill Writ read by the Clerk. Nurses Education Board Bill Nurses Registration (Amendment) Bill Mr DEPUTY-SPEAKER directed that the Police Regulation (Superannuation and Ap- taking of the votes of members of the Legis­ peals) Amendment Bill Public Service (Amendment) Bill lative Assembly be set down as an order Sydney Cove Redevelopment Authority of the day for the day of tpe ballot ap­ (Amendment) Bill Sydney Opera House Trust (Amendment) pointed in the writ, namely, 30th August, Bill 1973, and intimated that on that day the Transferred Officers Extended Leave (Amendment) Bill taking of votes would take precedence of Zoological Parks Board Bill all other business. Aborigines (Amendment) Bill Arbitration (Foreign A wards and Agree­ ments) Bill Electricity Commission (State Coal Mines) LEAVE OF ABSENCE Bill Motion. (by Mr Mauger) agreed to: Firearms and Dangerous Weapons Bill Foreign Judgments (Reciprocal Enforce­ That leave of absence for the present Session ment) Bill be granted to James Arthur Clough, Esquire, Housing and Public Works (Amendment) Member for Eastwood, on account of absence Bill from the State. Liquor (Amendment) Bill Mining Bill Motion (by Mr Chaffey) agreed to: Municipality of Hurstville (Wolli Creek, That leave of absence for the present Session Kingsgrove, Public Reserve Land Sale) Bill be granted to Joseph Alexander Lawson, Es­ New South Wales Retirement Benefits quire, Member for Murray, on account of (Amendment) Bill illness. 24 Death of Joseph John [ASSEMBLY] Fitzgerald, Esquire DEATH OF JOSEPH JOHN FITZGERALD, In 1916, while still a young man, Mr ESQUIRE, A FORMER MINISTER OF THE Fitzgerald became prominent in the Austra­ CROWN lian Timber Workers Union, becoming Sir ROBERT ASKIN (Collaroy), secretary of that union in 1920. He was Premier and Treasurer [2.42]: I move: keenly interested in local-government activi­ ties. In 1920, while still secretary of the That this House extends to the family of Joseph John Fitzgerald, Esquire, a former Min­ Australian Timber Workers Union, he ister of the Crown, the deep sympathy of Mem­ stood as a Labor candidate for Oxley and bers of the Legislative Assembly in the loss was successful. He retained this seat at the sustained. following elections in 1922, and again in It is with r~gret that I report to the House 1925 when he joined the Lang Ministry. the death on 5th July last, at the age of Few, if any, members or ex-members of 90, of Mr Joseph John Fitzgerald, a former either House of this Parliament will have member of this Chamber and Minister of personal recollections of Mr Fitzgerald's the Crown. Mr Fitzgerald died at Lew­ activities here, but he is credited with having isham Hospital after a long illness. He piloted through Parliament amendments to was first elected to Parliament as member the Local Government Act which intro­ for Oxley on 20th March, 1920, and held duced adult franchise at municipal elections, that seat for the Australian Labor Party and with having taken an active part in until 7th September, 1927. He was 'success­ moves to give superannuation rights to ful later in standing for the Albury seat, council employees. which he held from 25th October, 1930, to In 1930 Mr Fitzgerald changed his venue, 18th May, 1Q32. Mr Fitzgerald had a long standing as a Labor candidate for Albury. and meritorious record in this Assembly. He held that seat until 1932, when he was He was a member of the Lang Ministry a political casualty in the big electoral from 17th June, 1925, until 26th May, 1927, swing of that year. Little was heard of him first as Assistant Minister for Public Health in public life after that, until his name re­ and Assistant Minister for Local Govern­ appeared in local government. In 1960, ment from 17th June, 1925, to 24th March, when he was well beyond what most men 1926, and then as Minister for Local Gov­ regard as their retiring age-he was then in ernment from 25th March, 1926, to 26th his seventies-he stood successfully as a May, 1927. His wife and his only daughter Labor candidate for the Marrickville council and was immediately made mayor.