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Legislative Council Minutes No. 136—Wednesday 1 March 2006
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LEGISLATIVE COUNCIL
MINUTES OF PROCEEDINGS
No. 136
WEDNESDAY 1 MARCH 2006
Contents
1Meeting of the House
2Privileges Committee—Citizen’s Right of Reply (Hillsong Emerge) (Formal Business)
3Joint Select Committee on the Cross City Tunnel—Reporting Date (Formal Business)
4General Purpose Standing Committee No. 2—Reporting Date (Formal Business)
5General Purpose Standing Committee No. 4—Reporting Date (Formal Business)
6Order for Papers—Audit of Expenditure and Assets (Formal Business)
7Statement by President—Appointment of Parliamentary Librarian
8Distinguished Visitor
9Unproclaimed Legislation
10Papers—Tabled by Minister
11Petitions
12Notices of Motions
13Suspension of Standing and Sessional Orders—Censure of Member for Orange
14Censure of Member for Orange
15Questions
16Message from the Legislative Assembly—Transport Administration Amendment (Public Transport Ticketing Corporation) Bill 2005
17Business Postponed
18Suspension of Standing and Sessional Orders—Censure of Member for Orange
19Censure of Member for Orange
20Family Impact Commission Bill 2003
21Crimes Amendment (Protection of Innocent Accused) Bill 2005
22Anti-Discrimination Amendment (Religious Tolerance) Bill 2005
23Anti-Discrimination Amendment (Equality in Education and Employment) Bill 2005
24Adjournment
25Attendance
1MEETING OF THE HOUSE
The House met at 11.00 am according to adjournment. The President took the Chair.
The Clerk read the prayers.
2PRIVILEGES COMMITTEE—CITIZEN’S RIGHT OF REPLY (HILLSONG EMERGE) (Formal Business)
Mr Primrose moved, according to notice: That the House adopt Report No. 32 of the Privileges Committee, entitled “Citizen’s Right of Reply (Hillsong Emerge)”, dated December 2005.
Question put and passed.
According to standing order, the response of Hillsong Emerge was incorporated in Hansard.
3JOINT SELECT COMMITTEE ON THE CROSS CITY TUNNEL—REPORTING DATE (Formal Business)
Revd Mr Nile moved, according to notice:
1.That the reporting date for the second report of the Joint Select Committee on the Cross City Tunnel be extended to Wednesday 31 May 2006.
2.That this House requests the Legislative Assembly to agree to a similar resolution.
Question put and passed.
Revd Mr Nile then moved: That the following message be forwarded to the Legislative Assembly:
Mr SPEAKER
The Legislative Council desires to inform the Legislative Assembly that it has this day agreed to the following resolution:
1.That the reporting date for the second report of the Joint Select Committee on the Cross City Tunnel be extended to Wednesday 31 May 2006.
2.That this House requests the Legislative Assembly to agree to a similar resolution.
Legislative CouncilMEREDITH BURGMANN
1 March 2006President
Question put and passed.
4GENERAL PURPOSE STANDING COMMITTEE NO. 2—REPORTING DATE (Formal Business)
Mrs Forsythe moved, according to notice: That the reporting date for the reference to General Purpose Standing Committee No. 2 relating to the Budget Estimates and related papers be extended to Thursday 6 April 2006.
Question put and passed.
5GENERAL PURPOSE STANDING COMMITTEE NO. 4—REPORTING DATE (Formal Business)
Miss Gardiner moved, according to notice: That the reporting date for the reference to General Purpose Standing Committee No. 4 relating to the Budget Estimates and related papers be extended to Thursday 6 April 2006.
Question put and passed.
6ORDER FOR PAPERS—AUDIT OF EXPENDITURE AND ASSETS (Formal Business)
Mr Pearce moved, according to notice: That, under standing order 52, there be laid upon the table of the House within 14 days of the date of passing of this resolution all documents, whether in written or electronic form, excluding Cabinet documents, in the possession, custody or control of the Government in relation to the New South Wales Audit of Expenditure and Assets, which reported in February 2006, including:
(a)any submission, correspondence or communication between any Minister, government department or agency and the Audit,
(b)any models or documents that estimate the revenues to be raised as a result of the measures outlined in the Audit,
(c)any documents identifying savings to be realised by any government department or agency,
(d)all Results and Services Plans and Total Asset Management Plans,
(e)the Department of Commerce proposal for a new approach to information, communications and technology, and
(f)any document which records or refers to the production of documents as a result of this order of the House.
Question put and passed.
7STATEMENT BY PRESIDENT—APPOINTMENT OF PARLIAMENTARY LIBRARIAN
The President informed the House of the appointment of Mr Greig Tillotson as Parliamentary Librarian from Tuesday 28 February 2006.
8Distinguished Visitor
The President invited attention to the presence in her gallery of Lord Faulkner of Worcester, a member of the House of Lords.
9UNPROCLAIMED LEGISLATION
According to standing order, Mr Tsang tabled a list of unproclaimed legislation as at 1 March 2006.
10PAPERS—TABLED BY MINISTER
Mr Tsang tabled the following papers:
(1)Evidence (Audio and Audio Visual Links) Act 1998—Report of Attorney General’s Department on the statutory review of the Act, dated December 2005.
(2)Law Reform Commission Act 1967—
(a)Report No. 112 of Law Reform Commission entitled “Uniform Evidence Law”, dated December 2005.
(b)Report of Law Reform Commission for year ended 30 June 2005.
(3)National Environment Protection Council (New South Wales) Act 1995—Report of National Environment Protection Council for year ended 30 June 2005.
11PETITIONS
Discrimination based on sexuality
Ms Rhiannon presented a petition from 177 citizens of New South Wales stating that homophobia and discrimination against transsexual and transgender people needs to be overcome through leadership and goodwill and that the Government has been slow to reform the Anti-Discrimination Act to bring an end to discrimination based on sexuality in the workplace, including non-government schools, and praying that the House show leadership and take action to combat the increase in homophobic attitudes being expressed in the community.
Petition received.
Equality in education and employment
Ms Rhiannon presented a petition from 31 citizens of New South Wales stating that the Anti-Discrimination Act fails to provide adequate protection for bisexual and intersex people or people living with a same sex partner and praying that the House support the Greens’ proposed Anti-Discrimination Amendment (Equality in Education and Employment) Bill 2004 and the Anti-Discrimination Amendment (Sexuality and Gender Diversity) Bill 2004 that will remove exemptions that allow private schools and small businesses to discriminate on the basis of a person’s homosexuality or transgender status.
Petition received.
Maintaining CountryLink rail services
Ms Rhiannon presented a petition from 235 citizens of New South Wales stating that CountryLink is a vital and valued service in rural and regional New South Wales and the threatened closure of CountryLink services and subsequent use of coach services, an inferior option in terms of comfort, convenience and efficiency, will create additional road traffic, more road accidents, greenhouse gas emissions and rapid deterioration of our highways, and praying that the House call on the Government not to replace rail services with coaches and to reverse its decision to close the Casino-Murwillumbah rail line, to maintain and expand the rail fleet and rural rail infrastructure and the quality of service and ensure enough drivers are in place to run full and safe services at all times.
Petition received.
12NOTICES OF MOTIONS
13SUSPENSION OF STANDING AND SESSIONAL ORDERS—CENSURE OF MEMBER FOR ORANGE
On the President calling on the Clerk to read the order of the day, Ms Rhiannon moved, according to contingent notice: That standing and sessional orders be suspended to allow a motion to be moved forthwith that private members’ business item no. 195 outside the order of precedence relating to censure of the member for Orange be called on forthwith.
Question put and passed.
Ms Rhiannon then moved: That private members’ business item no. 195 outside the order of precedence be called on forthwith.
Question put and passed.
14CENSURE OF MEMBER FOR ORANGE
Ms Rhiannon moved, according to notice:
1.That this House notes the media statement of 16 February 2006 by Russell Turner MP, member for Orange and member of the National Party, calling on the Premier Morris Iemma to “give a guarantee to the residents of Orange that he would not authorise the transfer of any further Aboriginal families into Orange” and stating that “(T)hese extra families, many of whom are already known to police are inevitably going to compound the lawlessness that has been building up in Orange over the previous six to eight months”.
2.That, in view of these comments, this House:
(a)censures the member for Orange for making disparaging public comments about indigenous people in western New South Wales, promoting racially prejudiced views in the community, and suggesting that additional indigenous people should be prevented from living in the Orange region, and
(b)calls on the member for Orange to immediately withdraw his comments and unconditionally apologise in the Legislative Assembly for his remarks, or, within seven days of the passing of this motion, resign from Parliament.
Debate ensued.
Mr Gay moved: That the question be amended by omitting all words after “That” and inserting instead:
“this House:
(a)expresses concern at the lack of understanding of the real social issues in many rural and regional communities by the Greens leader, Ms Lee Rhiannon,
(b)expresses its disappointment that Ms Lee Rhiannon is willing to further enhance her own media profile by attempting to be socially divisive by deliberately putting the member for Orange’s comments out of their real context, and
(c)notes that the member for Orange is a socially responsible member well respected for his defence of minority groups.”
Debate continued.
Dr Chesterfield-Evans moved: That the question be amended by omitting paragraph 2 (b).
Debate continued.
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According to sessional order, proceedings interrupted at 12.00 noon for Questions.
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15QUESTIONS
16MESSAGE FROM THE LEGISLATIVE ASSEMBLY—TRANSPORT ADMINISTRATION AMENDMENT (PUBLIC TRANSPORT TICKETING CORPORATION) BILL 2005
The President reported the following message from the Legislative Assembly:
Madam PRESIDENT
The Legislative Assembly has this day passed a Bill titled “An Act to amend the Transport Administration Act 1988 to constitute a Public Transport Ticketing Corporation; and for related purposes” and presents the same to the Legislative Council for its concurrence.
Legislative AssemblyJOHN AQUILINA
1 March 2006Speaker
Bill, on motion of Mr Roozendaal, read a first time and ordered to be printed.
Mr Roozendaal moved, according to contingent notice: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House.
Question put and passed.
Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.
17BUSINESS POSTPONED
Orders of the day nos 1 to 25 on the Notice Paper of committee reports postponed, on motion of Mr Kelly (on behalf of various members), until Wednesday 8 March 2006.
18SUSPENSION OF STANDING AND SESSIONAL ORDERS—CENSURE OF MEMBER FOR ORANGE
On the President calling on the Clerk to read the order of the day, Mr Harwin moved, according to contingent notice: That standing and sessional orders be suspended to allow a motion to be moved forthwith that private members’ business item no. 195 outside the order of precedence relating to censure of the member for Orange be called on forthwith.
Question put and passed.
Mr Harwin then moved: That private members’ business item no. 195 outside the order of precedence be called on forthwith.
Question put and passed.
19CENSURE OF MEMBER FOR ORANGE
Order of the day read for resumption of the interrupted debate of the question on the motion of Ms Rhiannon:
1.That this House notes the media statement of 16 February 2006 by Russell Turner MP, member for Orange and member of the National Party, calling on the Premier Morris Iemma to “give a guarantee to the residents of Orange that he would not authorise the transfer of any further Aboriginal families into Orange” and stating that “(T)hese extra families, many of whom are already known to police are inevitably going to compound the lawlessness that has been building up in Orange over the previous six to eight months”.
2.That, in view of these comments, this House:
(a)censures the member for Orange for making disparaging public comments about indigenous people in western New South Wales, promoting racially prejudiced views in the community, and suggesting that additional indigenous people should be prevented from living in the Orange region, and
(b)calls on the member for Orange to immediately withdraw his comments and unconditionally apologise in the Legislative Assembly for his remarks, or, within seven days of the passing of this motion, resign from Parliament.
Upon which Mr Gay has moved: That the question be amended by omitting all words after “That” and inserting instead:
“this House:
(a)expresses concern at the lack of understanding of the real social issues in many rural and regional communities by the Greens leader, Ms Lee Rhiannon,
(b)expresses its disappointment that Ms Lee Rhiannon is willing to further enhance her own media profile by attempting to be socially divisive by deliberately putting the member for Orange’s comments out of their real context, and
(c)notes that the member for Orange is a socially responsible member well respected for his defence of minority groups.”
Upon which Dr Chesterfield-Evans has moved: That the question be amended by omitting paragraph 2 (b).
Debate resumed.
Question put: That the amendment of Mr Gay be agreed to.
The House divided.
Ayes 14
Mr ClarkeMr Colless *
Ms Cusack
Mrs Forsythe
Miss Gardiner / Mr Gay
Mr Harwin *
Mr Lynn
Revd Dr Moyes
Revd Mr Nile / Mr Oldfield
Ms Parker
Mrs Pavey
Mr Tingle
* Tellers
Noes 18
Mr BreenMr Catanzariti
Dr Chesterfield-Evans
Mr Cohen
Mr Costa
Mr Della Bosca / Mr Donnelly
Ms Hale
Mr Hatzistergos
Mr Kelly *
Mr Macdonald
Mr Obeid / Mr Primrose *
Ms Rhiannon
Ms Robertson
Mr Roozendaal
Ms Sharpe
Mr Tsang
* Tellers
Pairs
Mr Gallacher / Dr BurgmannMr Pearce / Mr West
Mr Ryan / Ms Fazio
Question resolved in the negative.
Question put: That the amendment of Dr Chesterfield-Evans be agreed to.
The House divided.
Ayes 18
Mr CatanzaritiDr Chesterfield-Evans
Mr Cohen
Mr Costa
Mr Della Bosca
Mr Donnelly / Ms Hale
Mr Hatzistergos
Mr Kelly
Mr Macdonald
Mr Obeid
Mr Primrose * / Ms Rhiannon
Ms Robertson
Mr Roozendaal
Ms Sharpe
Mr Tsang
Mr West *
* Tellers
Noes 16
Mr BreenMr Clarke
Mr Colless *
Ms Cusack
Mrs Forsythe
Miss Gardiner / Mr Gay
Mr Harwin *
Mr Lynn
Revd Dr Moyes
Revd Mr Nile
Mr Oldfield / Ms Parker
Mrs Pavey
Mr Pearce
Mr Tingle
* Tellers
Pairs
Dr Burgmann / Mr GallacherMs Fazio / Mr Ryan
Question resolved in the affirmative.
Original question, as amended, put:
1.That this House notes the media statement of 16 February 2006 by Russell Turner MP, member for Orange and member of the National Party, calling on the Premier Morris Iemma to “give a guarantee to the residents of Orange that he would not authorise the transfer of any further Aboriginal families into Orange” and stating that “(T)hese extra families, many of whom are already known to police are inevitably going to compound the lawlessness that has been building up in Orange over the previous six to eight months”.
2.That, in view of these comments, this House censures the member for Orange for making disparaging public comments about indigenous people in western New South Wales, promoting racially prejudiced views in the community, and suggesting that additional indigenous people should be prevented from living in the Orange region.
The House divided.
Ayes 17
Mr CatanzaritiMr Cohen
Mr Costa
Mr Della Bosca
Mr Donnelly
Ms Hale / Mr Hatzistergos
Mr Kelly
Mr Macdonald
Mr Obeid
Mr Primrose *
Ms Rhiannon / Ms Robertson
Mr Roozendaal
Ms Sharpe
Mr Tsang
Mr West *
* Tellers
Noes 17
Mr BreenDr Chesterfield-Evans
Mr Clarke
Mr Colless *
Ms Cusack
Mrs Forsythe / Miss Gardiner
Mr Gay
Mr Harwin *
Mr Lynn
Revd Dr Moyes
Revd Mr Nile / Mr Oldfield
Ms Parker
Mrs Pavey
Mr Pearce
Mr Tingle
* Tellers
Pairs
Dr Burgmann / Mr GallacherMs Fazio / Mr Ryan
There being an equality of votes, the Deputy President (Ms Griffin) gave her casting vote with the ayes.
Question resolved in the affirmative.
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General business proceeded with.
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20FAMILY IMPACT COMMISSION BILL 2003
Order of the day read for resumption of the adjourned debate of the question on the motion of Revd Mr Nile: That this bill be now read a second time.
Debate resumed.
Motion made (Mr Breen) and question: That this debate be now adjourned until Thursday 9 March 2006—put and passed.
21CRIMES AMENDMENT (PROTECTION OF INNOCENT ACCUSED) BILL 2005
Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Oldfield: That this bill be now read a second time.
Debate resumed.
Motion made (Mr Harwin speaking) and question: That this debate be now adjourned until next sitting day—put and passed.
22ANTI-DISCRIMINATION AMENDMENT (RELIGIOUS TOLERANCE) BILL 2005
Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Breen: That this bill be now read a second time.
Debate resumed.
Question put.
The House divided.
Ayes 5
Mr BreenDr Chesterfield-Evans * / Mr Cohen
Ms Hale / Ms Rhiannon *
* Tellers
Noes 23
Mr CatanzaritiMr Clarke
Mr Colless
Mr Donnelly
Mrs Forsythe
Mr Gay
Mr Harwin *
Mr Kelly / Mr Lynn
Revd Dr Moyes
Revd Mr Nile
Mr Oldfield
Ms Parker
Mrs Pavey
Mr Pearce
Mr Primrose * / Ms Robertson
Mr Ryan
Ms Sharpe
Mr Tingle
Mr Tsang
Mr West
Dr Wong
* Tellers
Question resolved in the negative.
23ANTI-DISCRIMINATION AMENDMENT (EQUALITY IN EDUCATION AND EMPLOYMENT) BILL 2005
Order of the day read for resumption of the interrupted debate of the question on the motion of Ms Rhiannon: That this bill be now read a second time.
Debate resumed.
Motion made (Mr Ryan) and question: That this debate be now adjourned until Thursday 6 April 2006—put and passed.
24ADJOURNMENT
Mr Hatzistergos moved: That this House do now adjourn.
Debate ensued.
Question put and passed.
The House adjourned at 6.30 pm until Thursday 2 March 2006 at 11.00 am.
25ATTENDANCE
All members present, except Ms Fazio and Mr Jenkins.
John Evans
Clerk of the Parliaments
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Authorised by the Parliament of New South Wales