1395
LEGISLATIVE ASSEMBLY
2011-12
FIRST SESSION OF THE FIFTY-FIFTH PARLIAMENT
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VOTES AND PROCEEDINGS
No. 123
THURSDAY 22 NOVEMBER 2012
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1405
VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 22 November 2012
1 MEETING OF THE HOUSE
The House met at 10.00 am pursuant to adjournment. The Speaker took the Chair, read the prayer and acknowledged the traditional owners, thanking them for their custodianship of country.
2 MESSAGES FROM THE LEGISLATIVE COUNCIL
The Speaker reported messages from the Legislative Council returning the following bills without amendment:
21 November 2012
Ports Assets (Authorised Transactions) Bill
Saint John’s College Amendment Bill.
3 NOTICES OF MOTIONS (GENERAL NOTICES)
4 INTERPRETATION AMENDMENT (INTERNATIONAL HUMAN RIGHTS OBLIGATIONS) BILL—POSTPONEMENT
General business order of the day (for bills) no. 2 (Interpretation Amendment (International Human Rights Obligations) Bill), called on and postponed by Mr Paul Lynch.
5 RETAIL LEASES AMENDMENT (MEDIATION) BILL—POSTPONEMENT
General business order of the day (for bills) no. 3 (Retail Leases Amendment (Mediation) Bill), called on and postponed by Mr Paul Lynch.
6 GOVERNMENT INFORMATION (PUBLIC ACCESS) AMENDMENT (REMOVAL OF APPLICATION FEE) BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr John Robertson, That this bill be now read a second time.
Question again proposed and debate resumed.
Dr Andrew McDonald obtained an extension of time.
Debate continued.
Question put.
The House divided.
AYES 22
Mr Barr, Ms Burney, Ms Burton, Mr Daley, Mr Furolo, Mr Greenwich, Mr Hoenig, Ms Hornery, Mr Lynch, Dr McDonald, Ms Mihailuk, Mr Park, Mr Parker, Mrs Perry, Mr Piper, Mr Rees, Mr Robertson, Ms Tebbutt, Ms Watson and Mr Zangari.
Tellers: Mr Amery and Mr Lalich.
NOES 63
Mr Anderson, Mr Annesley, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Mr Bassett, Mr Baumann, Ms Berejiklian, Mr Bromhead, Mr Brookes, Mr Casuscelli, Mr Conolly, Mr Constance, Mr Cornwell, Mr Coure, Mrs Davies, Mr Dominello, Mr Doyle, Mr Edwards, Mr Elliott, Mr Evans, Mr Flowers, Mr Fraser, Mr Gee, Ms Gibbons, Ms Goward, Mr Gulaptis, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mr Holstein, Mr Humphries, Mr Issa, Mr Kean, Dr Lee, Mr Notley-Smith, Mr O’Dea, Mr Owen, Mr Page, Ms Parker, Mr Patterson, Mr Perrottet, Mr Provest, Mr Roberts, Mr Rohan, Mr Rowell, Mr Sidoti, Mrs Skinner, Mr Smith, Mr Souris, Mr Speakman, Mr Spence, Mr Stokes, Mr Toole, Mr Torbay, Ms Upton, Mr Ward, Mr Webber, Mr R.C. Williams and Mrs Williams.
Tellers: Mr Maguire and Mr J.D. Williams. In the Chair: Mr George.
Pair: Ms Hay—Mrs Sage.
Question negatived.
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It being before 11.30 am, general business (community recognition notices) proceeded with.
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7 GENERAL BUSINESS (COMMUNITY RECOGNITION NOTICES)
Question proposed—That general business (community recognition notices) nos C433 to C572, as printed in the Business Paper, be formally agreed to.
Question put and passed.
8 SCHOOL PRINCIPALS
Ms Sonia Horney moved, pursuant to notice, That this House:
(1) Notes Government plans to give school principals more control over staff and finances.
(2) Questions how this plan will encourage qualified and experienced teachers to teach in difficult to staff schools in New South Wales.
Debate ensued.
Question put and passed.
9 BLAXCELL STREET PUBLIC SCHOOL
Mr Tony Issa moved, pursuant to notice, That this House:
(1) Acknowledges the visit on 23 November 2011 by the Minister for Education to Blaxcell Street Public School.
(2) Congratulates the Government for honouring its election commitment to provide extra funding of $200,000 to Blaxcell Street Public School for facility upgrades.
(3) Notes that these funds will be spent on repairing and resurfacing the playground and other hard surface areas.
(4) Congratulates Principal Sandra Bradley for her stewardship over the past six years at Blaxcell Street Public School and of the 880 pupils.
Debate ensued.
Question put and passed.
10 HUNTER LEUKAEMIA FOUNDATION
Dr Andrew McDonald moved, pursuant to notice, That this House:
(1) Acknowledges the great work of the Hunter Leukaemia Foundation.
(2) Notes that during induction treatment, patients with leukaemia may have to stay within 30 minutes of the Newcastle Mater Hospital and that some patients may have to seek accommodation within 30 minutes of the Newcastle Mater Hospital if they live outside that distance.
(3) Notes that many patients live further than 30 minutes away, but less than the 100 kilometre away, the distance required to claim the IPTAAS allowance.
(4) Calls on the Minister to allow payment of the IPTAAS allowance for these patients on their doctor’s instructions.
Debate ensued.
Question put and passed.
11 GREAT COMMUNITY TRANSPORT—POSTPONEMENT
General business notice of motion (general notice) no. 772 (Great Community Transport), called on and postponed by Mr Stuart Ayres.
12 MILPERRA PUBLIC SCHOOL—POSTPONEMENT
General business notice of motion (general notice) no. 778 (Milperra Public School), called on and postponed by Mr Glenn Brookes.
13 WESTFIELD SPORTS HIGH SCHOOL FOOTBALL GROUND
Mr Andrew Rohan moved, pursuant to notice, That this House:
(1) Congratulates Westfield Sports High School on the opening of its new synthetic football ground and change rooms on 2 October 2011.
(2) Commends the Government for providing the funds needed for the opening of these new facilities to benefit students and the wider local community.
(3) Thanks the Hon. Charlie Lynn MLC for attending and officially opening the facilities on behalf of the Minister for Education.
Debate ensued.
Mr Andrew Rohan speaking—
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It being 1.00 pm, debate interrupted for orders of the day (committee reports).
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Ordered, That the resumption of the debate stand an order of the day for tomorrow.
14 REPORT OF THE JOINT STANDING COMMITTEE ON ELECTORAL MATTERS ENTITLED “INQUIRY INTO ADMINISTRATIVE FUNDING FOR MINOR PARTIES”, REPORT 1/55, DATED NOVEMBER 2012
Question proposed—That the House take note of the report.
Debate ensued.
Question put and passed.
15 REPORT OF THE LEGISLATION REVIEW COMMITTEE ENTITLED “LEGISLATION REVIEW DIGEST NO. 29/55”, DATED 20 NOVEMBER 2012
Question proposed—That the House take note of the report.
Debate ensued.
Question put and passed.
16 REPORT OF THE PUBLIC ACCOUNTS COMMITTEE ENTITLED “THE ECONOMICS OF ENERGY GENERATION”, REPORT 6/55, DATED NOVEMBER 2012
Question proposed—That the House take note of the report.
Debate ensued.
Mr Jamie Parker moved, That this debate be now adjourned.
Question put and passed.
Ordered, That the resumption of the debate stand an order of the day for tomorrow.
17 MESSAGE FROM THE LEGISLATIVE COUNCIL—GAME AND FERAL ANIMAL CONTROL FURTHER AMENDMENT BILL
The Acting Speaker (Mr Lee Evans) reported the following message from the Legislative Council:
Madam SPEAKER
The Legislative Council having this day passed a bill titled “An Act to amend the Game and Feral Animal Control Act 2002 and the National Parks and Wildlife Act 1974 to make provision with respect to the killing of native game birds on private land; and for other purposes” transmits the bill to the Legislative Assembly for concurrence.
Legislative Council DON HARWIN
22 November 2012 President
Bill introduced and read a first time.
The Acting Speaker advised the House that the Speaker had received a written authority from the Honourable Robert Brown MLC, advising that the Minister for Primary Industries, and Minister for Small Business would have carriage of the bill in the House.
Ordered by the Acting Speaker, That the second reading stand an order of the day for a later hour.
18 SUSPENSION OF STANDING AND SESSIONAL ORDERS—GAME AND FERAL ANIMAL CONTROL FURTHER AMENDMENT BILL
Mr Brad Hazzard moved, That standing and sessional orders be suspended to permit the consideration of the Game and Feral Animal Control Further Amendment Bill forthwith.
Debate ensued.
Question put and passed.
19 GAME AND FERAL ANIMAL CONTROL FURTHER AMENDMENT BILL
The order of the day was read.
Ms Katrina Hodgkinson moved, That this bill be now read a second time.
Debate ensued.
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SUSPENSION OF STANDING AND SESSIONAL ORDERS—ROUTINE OF BUSINESS
Mr Brad Hazzard moved, That standing and sessional orders be suspended to permit the conclusion of consideration of the Game and Feral Animal Control Further Amendment Bill prior to the commencement of the routine of business.
Question put and passed.
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Question put.
The House divided.
AYES 66
Mr Anderson, Mr Annesley, Mr Aplin, Mr Ayres, Mr Baird, Mr Bassett, Mr Baumann, Ms Berejiklian, Mr Bromhead, Mr Brookes, Mr Casuscelli, Mr Conolly, Mr Constance, Mr Cornwell, Mr Coure, Mrs Davies, Mr Dominello, Mr Doyle, Mr Edwards, Mr Elliott, Mr Evans, Mr Flowers, Mr Fraser, Mr Gee, Ms Gibbons, Ms Goward, Mr Grant, Mr Gulaptis, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mr Holstein, Mr Humphries, Mr Issa, Mr Kean, Dr Lee, Mr Notley-Smith, Mr O’Dea, Mr O’Farrell, Mr Owen, Mr Page, Ms Parker, Mr Patterson, Mr Perrottet, Mr Piccoli, Mr Provest, Mr Roberts, Mr Rohan, Mr Rowell, Mr Sidoti, Mrs Skinner, Mr Smith, Mr Souris, Mr Speakman, Mr Spence, Mr Stokes, Mr Stoner, Mr Toole, Mr Torbay, Ms Upton, Mr Ward, Mr Webber, Mr R.C. Williams and Mrs Williams.
Tellers: Mr Maguire and Mr J.D. Williams.
NOES 21
Mr Barr, Ms Burney, Mr Daley, Mr Furolo, Mr Greenwich, Mr Hoenig, Ms Hornery, Mr Lynch, Dr McDonald, Ms Mihailuk, Mr Park, Mr Parker, Mrs Perry, Mr Piper, Mr Rees, Mr Robertson, Ms Tebbutt, Ms Watson and Mr Zangari.
Tellers: Mr Amery and Mr Lalich. In the Chair: Mrs Hancock.
Pair: Mrs Sage—Ms Hay.
Question passed.
Bill read a second time.
Ms Katrina Hodgkinson moved, That this bill be now read a third time.
Question put and passed.
Bill read a third time.
20 SPEAKER’S STATEMENT—RETIREMENT OF JOE BARDETTA
The Speaker made a statement in relation to the pending retirement of Mr Joe Bardetta, Parliamentary Officer Procedure Administration.
21 MESSAGES FROM THE GOVERNOR
The Speaker reported messages from Her Excellency the Governor assenting to the following bills:
21 November 2012
Act No. 92 Biofuels Further Amendment Bill
Act No. 93 Environmental Planning and Assessment Amendment Bill
Act No. 94 Local Government Amendment (Conduct) Bill
Act No. 95 Statute Law (Miscellaneous Provisions) Bill (No. 2)
Act No. 96 Forestry Bill.
22 QUESTION TIME
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(1) Following a request from Ms Melanie Gibbons pursuant to standing order 131 (3), the Premier, and Minister for Western Sydney provided additional information.
(2) Following a request from Mr John Williams pursuant to standing order 131 (3), the Deputy Premier, Minister for Trade and Investment, and Minister for Regional Infrastructure and Services provided additional information.
(3) Following a request from Mr Darren Webber pursuant to standing order 131 (3), the Family and Community Services, and Minister for Women provided additional information.
(4) Following a request from Mr Jonathan O’Dea pursuant to standing order 131 (3), the Minister for Education provided additional information.
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23 PAPERS
(1) Mr Barry O’Farrell tabled:
Reports for the year ended 30 June 2012 of – New South Wales Electoral Commission; Election Funding Authority of New South Wales; and the Natural Resources Commission.
Report on the Review of the five year statutory review of the Water Industry Competition Act 2006, dated November 2012.
(2) Mrs Jillian Skinner tabled:
Reports for the year ended 30 June 2012 of – Ministry of Health (incorporating the financial statements of public health organisations, Volumes One to Three); Health Care Complaints Commission; Chiropractic Council of New South Wales; Dental Council of New South Wales; Medical Council of New South Wales; Nursing and Midwifery Council of New South Wales; Optometry Council of New South Wales; Osteopathy Council of New South Wales; Pharmacy Council of New South Wales; Physiotherapy Council of New South Wales; Podiatry Council of New South Wales; and the Psychology Council of New South Wales.
(3) Mr Adrian Piccoli tabled:
Reports for the year ended 30 June 2012 of – Board of Studies and the Office of the Board of Studies; New South Wales Board of Vocational Education and Training; and the NSW Institute of Teachers.
(4) Ms Gladys Berejiklian tabled:
Reports for the year ended 30 June 2012 of – Department of Transport; and Rail Corporation New South Wales.
Office of Transport Safety Investigations Report entitled “Rail Safety Investigation Report, Safeworking Incident, Unanderra, 12 December 2011”.
(5) Mr George Souris tabled:
Reports for the year ended 30 June 2012 of – Independent Liquor and Gaming Authority; and the Responsible Gambling Fund.
(6) Mr Mike Baird tabled:
Reports for the year ended 30 June 2012 of – New South Wales Treasury (incorporating the reports of: New South Wales Self Insurance Corporation; Electricity Tariff Equalisation Ministerial Corporation; State Rail Authority Residual Holding Corporation; Liability Management Ministerial Corporation; and the Lotteries Assets Ministerial Holding Corporation) (Volumes One to Three); Ausgrid; Endeavour Energy; New South Wales Treasury Corporation; Macquarie Generation; Essential Energy; Superannuation Administration Corporation (trading as Pillar Administration); Eraring Energy; Landcom; Long Service Corporation; TransGrid; Delta Electricity; Sydney Water Corporation (trading as Sydney Water); SAS Trustee Corporation (containing the separate reports for: Buroba Pty Ltd, State Infrastructure Trust, State Infrastructure Holdings (SEA Gas) Pty Ltd; State Super Financial Services Australia Limited; and Valley Commerce Pty Limited); Hunter Water Corporation; Newcastle Port Corporation; Port Kembla Port Corporation; and the Sydney Ports Corporation.
(7) Mr Greg Smith tabled:
Reports for the year ended 30 June 2012 of – New South Wales Crime Commission; Ministry for Police and Emergency Services; Fire and Rescue New South Wales; New South Wales Police Force; NSW Rural Fire Service; and the Chairperson’s Report of the Victims Compensation Tribunal.
Report of the Ministry for Police and Emergency Services for the period 4 April to 30 June 2011.
Report of the NSW Ombudsman entitled “Report under section 49(1) of the Surveillance Devices Act 2007 for the six months ending 30 June 2012”, dated November 2012.
Report on the Review of the Law Enforcement (Controlled Operations) Act 1997.
(8) Ms Robyn Parker tabled the report of the NSW Climate Change Fund for the year ended 30 June 2012.
(9) Mr Victor Dominello tabled the report on the Review of the Aboriginal Land Rights Act 1983.