1
Legislative Council Minutes No. 161—Tuesday 31 August 2010
1975
LEGISLATIVE COUNCIL
MINUTES OF PROCEEDINGS
No. 161
TUESDAY 31 AUGUST 2010
Contents
1Meeting of the House
2Distinguished visitors
3Death of a Member of the Legislative Council—The Honourable Roy Anthony Smith
4Vacant Seat in the Legislative Council—Death of the Honourable Roy Anthony Smith
5Assents to Bills
6Assumption of the Administration of the Government by the Administrator
7Assumption of the Administration of the Government by the Administrator
8Re-assumption of the Administration of the Government by the Administrator
9Re-assumption of the Administration of the Government by the Governor
10Assumption of the Administration of the Government by the Lieutenant-Governor
11Re-assumption of the Administration of the Government by the Governor
12Assumption of the Administration of the Government by the Lieutenant-Governor
13Re-assumption of the Administration of the Government by the Governor
14Assumption of the Administration of the Government by the Lieutenant-Governor
15Resignation of Ms Lee Rhiannon
16Resignation of the Honourable John Della Bosca
17Floods in Pakistan
18Ombudsman—Reports
19Independent Commission Against Corruption—Reports
20Parliamentary Ethics Adviser—Report
21Printing of Tabled Papers
22Papers—Tabled by Minister
23Papers—Presented to Parliament out of Session
24Statutory Rules and Instruments—Tabled by the Clerk
25Standing Committee on Law and Justice—Report
26General Purpose Standing Committee No. 2—Report
27Legislation Review Committee—Report
28Standing Committee on Social Issues—Government’s Response to Report
29Returns to Orders
(1)2010-2011 Budget
(2)NSW Fire Brigades
(3)Building Australia Fund
(4)2010-2011 budget finances
(5)Nucoal
(6)Hazard Reduction Planning
(7)Nepean Hospital—Further Order
30Disputed Claim of Privilege—CBD Metro Rail—Further Order—Tabling of Privileged Documents
31Shooters Party—Change of Name to Shooters and Fishers Party
32Petitions
33Notices of Motions
34Answers To Questions Without Notice
35Committees—Membership
36Condolence Motion—The Honourable Roy Anthony Smith
37Questions
38Paper—Tabled by Minister
39Adjournment
40Attendance
1MEETING OF THE HOUSE
The House met at 2.30 pmaccording to adjournment. The President took the Chair and read the prayers.
The President acknowledged the Gadigal clan of the Eora nation and its elders and thanked them for their custodianship of this land.
2Distinguished visitors
The President invited attention to the presence in her gallery of Mrs Pauline Smith, wife of the Honourable Roy Anthony Smith, and Mr Carl Smith, their eldest son.
3DEATH OF a member of the legislative council—THE HONOURABLE ROY anthony SMITH
The President informed the House that the sad duty had devolved to her to announce to the House the death on 31 July 2010 of the Honourable Roy Anthony Smith, a member of this House since 2007.
Members and officers stood as a mark of respect.
4VACANT SEAT IN THE LEGISLATIVE COUNCIL—DEATH OF THE HONOURABLE ROY anthony SMITH
The President announced to the House the receipt, from the Registry of Births Deaths and Marriages, of a death extract certificate recording the death of the Honourable Roy Smith on 31 July 2010, and that an entry recording his death has been made in the Register of Members of the Legislative Council.
The President further announced that, in accordance with the provisions of section 22G (8) of the Constitution Act 1902, Her Excellency the Governor had been notified that the seat of the Honourable Roy Anthony Smith became vacant before the expiration of his term of service through his death, on 31 July 2010, which notification has been duly acknowledged by Her Excellency.
5ASSENTs TO BILLS
The President reported messages from Her Excellency the Governor intimating assent to the following bills:
Act No.
28 June 20102010
Appropriation Bill 2010...... 43
Appropriation (Parliament) Bill 2010...... 44
Appropriation (Special Offices) Bill 2010...... 45
State Revenue Legislation Amendment Bill 2010...... 46
Banana Industry Repeal Bill 2010...... 47
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Bill 2010...... 48
Duties Amendment (NSW Home Builders Bonus) Bill 2010...... 49
Electricity and Gas Supply Legislation Amendment (Retail Price Disclosures and Comparisons)
Bill 2010...... 50
Fair Trading Amendment (Unfair Contract Terms) Bill 2010...... 51
Health Legislation Amendment Bill 2010...... 52
Home Building Amendment (Warranties and Insurance) Bill 2010...... 53
Industrial Relations Amendment (Public Sector Appeals) Bill2010...... 54
Jury Amendment Bill 2010...... 55
Parliamentary Contributory Superannuation Amendment Bill 2010...... 56
Personal Property Securities Legislation Amendment Bill2010...... 57
Police Legislation Amendment (Recognised Law Enforcement Officers) Bill 2010...... 58
Statute Law (Miscellaneous Provisions) Bill 2010...... 59
Superannuation Legislation Amendment Bill2010...... 60
Commercial Arbitration Bill 2010...... 61
Community Relations Commission and Principles of Multiculturalism Amendment Bill 2010...... 62
Courts Legislation Amendment Bill2010...... 63
6ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE ADMINISTRATOR
The President reported the following message from the Honourable Justice James Allsop, Administrator of the State of New South Wales:
Office of the Governor
Sydney 2000
J Allsop
ADMINISTRATOR
The Honourable Justice James Allsop, Administrator of the State of New South Wales, has the honour to inform the Legislative Council that, consequent on the Governor of New South Wales, Professor Marie Bashir being absent, he has this day assumed the administration of the Government of the State.
12 July 2010
7ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE ADMINISTRATOR
The President reported the following message from the Honourable Justice Margaret Beazley, Administrator of the State of New South Wales:
Office of the Governor
Sydney 2000
M Beazley
ADMINISTRATOR
The Honourable Justice Margaret Beazley, Administrator of the State of New South Wales, has the honour to inform the Legislative Council that, consequent on the Administrator of the State of New South Wales, the Honourable Justice James Allsop, being absent from the State, she has this day assumed the administration of the Government of the State.
16 July 2010
8RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE ADMINISTRATOR
The President reported the following message from the Honourable Justice James Allsop, Administrator of the State of New South Wales:
Office of the Governor
Sydney 2000
J Allsop
ADMINISTRATOR
The Honourable Justice James Allsop, Administrator of the State of New South Wales has the honour to inform the Legislative Council, consequent on the Governor of New South Wales, Professor Marie Bashir having assumed the administration of the Government of the Commonwealth of Australia, he has this day re-assumed the administration of the Government of the State.
17 July 2010
9RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE GOVERNOR
The President reported the following message from Her Excellency the Governor:
Office of the Governor
Sydney 2000
Marie Bashir
GOVERNOR
Professor Marie Bashir, Governor of New South Wales has the honour to inform the Legislative Council that she re-assumed the administration of the Government of the State at 7.15pm on 21 July 2010.
21 July 2010
10ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE LIEUTENANT-GOVERNOR
The President reported the following message from His Excellency the Lieutenant-Governor:
Office of the Governor
Sydney 2000
J J Spigelman
LIEUTENANT-GOVERNOR
The Honourable James Jacob Spigelman, Chief Justice of New South Wales, Lieutenant-Governor of the State of New South Wales, has the honour to inform the Legislative Council that, consequent on the Governor of New South Wales, Professor Marie Bashir having assumed the administration of the Government of the Commonwealth of Australia, he has this day at 11:00am assumed the administration of the Government of the State.
29 July 2010
11RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE GOVERNOR
The President reported the following message from Her Excellency the Governor:
Office of the Governor
Sydney 2000
Marie Bashir
GOVERNOR
Professor Marie Bashir, Governor of New South Wales has the honour to inform the Legislative Council that she re-assumed the administration of the Government of the State at 7.30pm on 30 July 2010.
30 July 2010
12ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE LIEUTENANT-GOVERNOR
The President reported the following message from His Excellency the Lieutenant-Governor:
Office of the Governor
Sydney 2000
J J Spigelman
LIEUTENANT-GOVERNOR
The Honourable James Jacob Spigelman, Chief Justice of New South Wales, Lieutenant-Governor of the State of New South Wales, has the honour to inform the Legislative Council that, consequent on the Governor of New South Wales, Professor Marie Bashir having assumed the administration of the Government of the Commonwealth of Australia, he has this day at 10:00am assumed the administration of the Government of the State.
14 August 2010
13RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE GOVERNOR
The President reported the following message from Her Excellency the Governor:
Office of the Governor
Sydney 2000
Marie Bashir
GOVERNOR
Professor Marie Bashir, Governor of New South Wales has the honour to inform the Legislative Council that she re-assumed the administration of the Government of the State at 8.30pm on 16 August 2010.
16 August 2010
14ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE LIEUTENANT-GOVERNOR
The President reported the following message from His Excellency the Lieutenant-Governor:
Office of the Governor
Sydney 2000
J J Spigelman
LIEUTENANT-GOVERNOR
The Honourable James Spigelman, Lieutenant-Governor of New South Wales has the honour to inform the Legislative Council thathe assumed the administration of the Government of the Stateon 28 August 2010, from 5pm.
28 August 2010
15RESIGNATION OF ms lee rhiannon
The President reported receipt of the following communication from the Honourable Justice James Allsop, Administrator of the State of New South Wales:
Office of the Governor
Sydney 2000
19 July 2010
The Honourable Amanda Fazio MLC
President of the Legislative Council
Parliament House
Macquarie Street
SYDNEY NSW 2000
Dear President
I have the honour to inform you that I have received a letter from the Honourable Lee Rhiannon MLC tendering her resignation as a Member of the Legislative Council of New South Wales. This was received by the Official Secretary today, 19 July 2010.
I have acknowledged receipt of the letter from Ms Rhiannon and have informed her that you have been advised of her resignation.
Yours sincerely
The Honourable Justice James Allsop
Administrator of the State of New South Wales
The President informed the House that she had acknowledged the communication and that an entry regarding the resignation of Ms Lee Rhiannon had been made in the Register of Members of the Legislative Council.
16RESIGNATION OF THE HONOURABLE JOHN DELLA BOSCA
The President reported receipt of the following communication from Her Excellency the Governor:
Office of the Governor
Sydney 2000
2 August 2010
The Honourable Amanda Fazio MLC
President of the Legislative Council
Parliament House
Macquarie Street
SYDNEY NSW 2000
Dear President
I have the honour to inform you that I have received a letter, dated 30 July 2010, from the Honourable John Della Bosca MLC tendering his resignation as a Member of the Legislative Council of New South Wales.
I have acknowledged receipt of the letter from Mr Della Bosca and have informed him that you have been advised of his resignation.
Yours sincerely
Professor Marie Bashir AC CVO
Governor of New South Wales
The President informed the House that she had acknowledged the communication and that an entry regarding the resignation of Mr John Della Bosca had been made in the Register of Members of the Legislative Council.
17FLOODS IN PAKISTAN
The President informed the House that, on behalf of members of the Legislative Council and the people of New South Wales, she had sent a message of condolence to the Consul General of Pakistan expressing sympathy to the relatives and friends of people who were killed, injured or made homeless by the current floods in Pakistan.
Members and officers of the House stood as a mark of respect.
18OMBUDSMAN—REPORTS
The President, according to the Ombudsman Act 1974, tabled the following reports of the Ombudsman:
- Special report entitled “The need to better support children and young people in statutory care who have been victims of violent crime: A report arising from an investigation into the NSW Department of Human Services (Community Services)”, dated June 2010, received out of session and authorised to be made public on 30 June 2010.
- Special report entitled “People with disabilities and the closure of residential centres”, dated August 2010, received out of session and authorised to be made public on 26August 2010.
Ordered, on motion of Mr Kelly: That the reports be printed.
19INDEPENDENT COMMISSION AGAINST CORRUPTION—REPORTS
The President, according to the Independent Commission Against Corruption Act 1988, tabled the following reports of the Independent Commission Against Corruption:
- Report entitled “Investigation into the submission of false claims for sitting day relief payments by a NSW MP and members of her electorate staff”, dated July 2010, received out of session and authorised to be made public on 13 July 2010.
- Report entitled “Investigation into the smuggling of contraband into the John Morony Correctional Centre”, dated July 2010, received out of session and authorised to be made public on 27 July 2010.
- Report entitled “Investigation into attempted corrupt payment and submission of false resumés to public authorities”, dated August 2010, received out of session and authorised to be made public on 12 August 2010.
Ordered, on motion of Mr Kelly: That the reports be printed.
20PARLIAMENTARY ETHICS ADVISER—REPORT
The President, according to the terms of the agreement made with the Clerk of the Parliaments and the Clerk of the Legislative Assembly, tabled the annual report of the Parliamentary Ethics Adviser for year ended 30 June 2010.
21printing of tabled papers
According to standing order, Mr Robertson tabled a list of papers tabled and not ordered to be printed since 1 June 2010.
22Papers—tabled by minister
Mr Robertsontabled the following paper:
(1)Report of Independent Transport Safety and Reliability Regulator entitled “Implementation of the NSW Government’s response to the Final Report of the Special Commission of Inquiry into the Waterfall Accident—Reporting period April – June 2010”.
Ordered: That the report be printed.
Mr Robertsonfurther tabled the following papers:
(2)Independent Pricing and Regulatory Tribunal Act 1992—
(a)Report of Independent Pricing and Regulatory Tribunal entitled “Review of bulk water charges for State Water Corporation, from 1 July 2010 to 30 June 2014: Water—Determination and Final Report”, dated June 2010
(b)Report of Independent Pricing and Regulatory Tribunal entitled “Review of prices for Country Energy’s water and sewerage services, from 1 July 2010 to 30 June 2013: Water—Determination and Final Report”, dated June 2010.
23PAPERs—PRESENTED TO PARLIAMENT OUT OF SESSION
The Clerk announced receipt of the following reports presented since the last sitting of the House:
(1)Annual Reports (Statutory Bodies) Act 1984—
(a)Report of Wild Dog Destruction Board for year ended 31 December 2009
(b)Report of Wine Grapes Marketing Board for year ended 31 December 2009.
(2)Criminal Procedure Act 1986—Report of Ombudsman entitled “Review of the impact of Criminal Infringement Notices on Aboriginal communities”, dated August 2009.
(3)Industrial Relations Act 1996—Report of Industrial Relations Commission for year ended 31 December 2009.
(4)Law Enforcement (Powers and Responsibilities) Act 2002—Report of the Ombudsman entitled “Report under Section 242(3) of the Law Enforcement (Powers and Responsibilities) Act 2002: for the period ending 28 May 2010”, dated July 2010.
(5)Law Reform Commission Act 1967—Report No. 120 of NSW Law Reform Commission entitled “Invasion of privacy”, dated April 2009.
(6)Motor Sports (World Rally Championship) Act 2009—Report entitled “A review of the impact on the Northern Rivers region of the World Rally Championship 2009: Repco Rally”, dated 16 April 2010.
(7)Passenger Transport Act 1990—Report entitled “Bus Safety Investigation Report: Unsecured Bus Floor Hatch, Castle Hill, 19 March 2010”.
(8)Snowy Hydro Corporatisation Act 1997—Report of Snowy Hydro Limited for year ended 4 July 2009.
(9)State Owned Corporations Act 1989—
(a)Report of Transport Infrastructure Development Corporation for six months ended 31 December 2009
(b)Statement of Corporate Intent of Transport Infrastructure Development Corporation for year ended 30 June 2010.
(10)Terrorism (Police Powers) Act 2002—Report of NSW Police Force under section 27ZB of the Act for year ended 30 June 2006.
(11)Victims Support and Rehabilitation Act 1996—Report of Victims Compensation Tribunal for year ended 30 June 2009.
24STATUTORY RULES AND INSTRUMENTS—TABLED BY THE CLERK
The Clerk tabled the following statutory rules and instruments, published on the NSW Legislation website or in the Government Gazette to Friday 27 August 2010:
(1)Animal Research Act 1985—Animal Research Regulation 2010 (LW 13/8/2010)
(2)Annual Reports (Departments) Act 1985—
(a)Annual Reports (Departments) Regulation 2010 (LW 27/8/2010)
(b)Annual Reports (Statutory Bodies) Regulation 2010 (LW 27/8/2010)
(3)Apprenticeship and Traineeship Act 2001—Apprenticeship and Traineeship Regulation 2010 (LW 30/7/2010)
(4)Biofuels Act 2007—Biofuels Amendment (Primary Wholesalers) Regulation 2010 (LW 6/8/2010)
(5)Births, Deaths and Marriages Registration Act 1995—Births, Deaths and Marriages Registration Amendment (Fees) Regulation 2010 (LW 30/7/2010)
(6)Building Professionals Act 2005—
(a)Building Professionals Amendment Regulation 2010 (LW 27/8/2010)
(b)Notice of amendment of accreditation scheme adopted by the Minister under section 4 (7) (Gazette 94, 23/7/2010, p 3600)
(7)Building and Construction Industry Long Service Payments Act 1986—Building and Construction Industry Amendment (Industrial Instruments) Regulation 2010 (LW 1/7/2010)
(8)Catchment Management Authorities Act 2003—Catchment Management Authorities (Hunter Central Rivers) Regulation 2010 (LW 27/8/2010)
(9)Children and Young Persons (Care and Protection) Act 1998—Children and Young Persons (Care and Protection) (Child Employment) Regulation 2010 (LW 20/8/2010)
(10)Children (Criminal Proceedings) Act 1987—Children (Criminal Proceedings) Amendment (Youth Conduct Orders) Regulation 2010 (LW 25/6/2010)
(11)Children (Community Service Orders) Act 1987—Children (Community Service Orders) Regulation 2010 (LW 6/8/2010)
(12)Children (Detention Centres) Act 1987—Children (Detention Centres) Regulation 2010 (LW 27/8/2010)
(13)Children’s Court Act 1987—
(a)Practice Note No. 2 (Gazette 94, 23/7/2010, p 3621)
(b)Practice Note No. 2—Erratum (Gazette 95, 26/7/2010, p 3649)
(14)Civil Procedure Act 2005—
(a)Civil Procedure Amendment (Fees) Regulation 2010 (LW 1/7/2010)
(b)Local Court Practice Note No. 1 of 2010 (Gazette 90, 2/7/2010, p 3246)
(c)Local Court Practice Note No. 3 of 2010—Pre-judgment Interest Rates (Gazette 90, 2/7/2010, p 3251)
(d)Practice Note—Land and Environment Court of NSW—Pre-judgment Interest Rates (Gazette 84, 25/6/2010, p 2968)