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Legislative Council Minutes No. 63—Monday 28 June 2004
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LEGISLATIVE COUNCIL
MINUTES OF PROCEEDINGS
No. 63
MONDAY 28 JUNE 2004
Contents
1Meeting of the House
2New Member Sworn—The Honourable Eric Michael Roozendaal
3Death of Former Member—The Honourable Roy Frederick Turner, AM
4Statement by President—Retirement of the Parliamentary Librarian
5Messages from the Legislative Assembly
(1)Courts Legislation Amendment Bill 2004
(2)State Water Corporation Bill 2004
6Committee on the Health Care Complaints Commission—Report
7Petitions
8Notices of Motions
9Business Postponed
10Suspension of Standing and Sessional Orders—Recruitment within Local Government
11Order for Papers—Recruitment within Local Government
12Suspension of Standing and Sessional Orders—Crown Lands (Prevention of Sale) Bill 2004
13Crown Lands (Prevention of Sale) Bill 2004
14Liquor Amendment (Parliamentary Precincts) Bill 2004
15Road Transport (General) Amendment (Licence Suspension) Bill 2004
16Police Integrity Commission—Report
17Regional Development Bill 2004
18Questions
19Ministerial Statement
20Notice of Motion
21Regional Development Bill 2004
22Residential Tenancies Amendment (Public Housing) Bill 2004
23Notice of Motion
24Special Adjournment
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.
2NEW MEMBER SWORN—THE HONOURABLE ERIC MICHAEL ROOZENDAAL
The Honourable Eric Michael Roozendaal presented himself at the table, took the oath before the President and signed the roll of the House.
3DEATH OF FORMER MEMBER—THE HONOURABLE ROY FREDERICK TURNER, AM
The President announced the death on 15 June 2004, of the Honourable Roy Frederick Turner, AM, aged 81 years, a former member of the House.
The President further reported that on behalf of the House she had extended to the family the deep sympathy of the Legislative Council in the loss sustained.
Members and officers of the House stood as a mark of respect.
4STATEMENT BY PRESIDENT—RETIREMENT OF THE PARLIAMENTARY LIBRARIAN
The President made a statement informing the House of the retirement of the Parliamentary Librarian.
5MESSAGES FROM THE LEGISLATIVE ASSEMBLY
The President reported the following messages from the Legislative Assembly:
(1)Courts Legislation Amendment Bill 2004
Madam PRESIDENT
The Legislative Assembly has this day agreed to the amendments made by the Legislative Council in the Bill titled “An Act to amend certain Acts with respect to courts and court procedures and proceedings; to amend the Protected Estates Act 1983 with respect to the powers of the Protective Commissioner; to amend the Commercial Arbitration Act 1984 by way of statute law revision; and for other purposes”.
Legislative AssemblyJOHN AQUILINA
25 June 2004Speaker
(2)State Water Corporation Bill 2004
Madam PRESIDENT
The Legislative Assembly has this day agreed to the amendments made by the Legislative Council in the Bill titled “An Act to establish State Water Corporation as a statutory State owned corporation to exercise functions relating to the capture, storage and release of water and other functions; to make consequential amendments to other Acts; and for other purposes”.
Legislative AssemblyJOHN AQUILINA
25 June 2004Speaker
6COMMITTEE ON THE HEALTH CARE COMPLAINTS COMMISSION—REPORT
Ms Robertson (on behalf of the Chair) tabled Report No. 14 of the Committee on the Health Care Complaints Commission entitled “History and Roles of the Committee on the Health Care Complaints Commission: 1994 - 2004”, dated 24 June 2004.
Ordered: That the report be printed.
7PETITIONS
Religious freedoms
(1)Revd Mr Nile presented a petition from 732 citizens of New South Wales stating that since European settlement religious organisations have had the legal right to employ persons whose beliefs and lifestyle are consistent with the doctrine and values of that religion, that religious freedoms are protected in the Australian Constitution and the NSW Anti-Discrimination Act 1977 and that the Anti-Discrimination Amendment (Removal of Exemptions) Bill seeks to overturn these rights and freedoms and praying that the House will preserve the rights and freedoms enjoyed by Christians in New South Wales and vote against the proposed bill.
Petition received.
(2)Revd Dr Moyes presented a petition from 1,109 citizens of New South Wales containing a similar prayer.
Petition received.
(3)Mr Clarke presented a petition from 16 citizens of New South Wales containing a similar prayer.
Petition received.
Women’s health program
Mrs Forsythe presented a petition from 19 citizens of Braidwood and region drawing the attention of the House to the Minister for Health’s media release of 1 June threatening $4 million in funding cuts to breast screening programs in New South Wales and their concern that, should these cuts proceed, the number of screenings would be cut by more than 40,000, and asking the Government to ensure effective breast screening for women, and to maintain funding to BreastScreen NSW through either the abolition of state-wide media monitoring, reducing Government’s spending on advertising by 50% or reducing the number of bureaucrats employed by NSW Health.
Petition received.
Pensioner excursion tickets
Ms Rhiannon presented a petition from 208 citizens of New South Wales stating that the price increase of the pensioner excursion ticket from $1.10 to $2.50 will have a severe impact on pensioners and other social security recipients and requesting that the House call on the Government to extend the pensioner excursion fare to private buses and rule out any restrictions on its use.
Petition received.
Murwillumbah branch railway line
Ms Cusack presented a petition from 102 citizens of New South Wales concerned that the XPT service from Casino to Lismore, Byron Bay, Mullumbimby and Murwillumbah has been cancelled and replaced with buses in breach of a commitment to maintain the service until at least December 2004 and calling on the Government to immediately reinstate the service and to maintain, upgrade and support additional local services and praying that the House ensure the future of the Murwillumbah branch line so that elderly and disabled passengers, families, tourists and railway staff can enjoy equitable access to passenger services and secure employment in the region.
Petition received.
Fig trees in the Domain
Mr Cohen presented a petition from 1,050 citizens of Sydney and New South Wales stating that the historic fig trees in the Domain, Sydney, are of such significant heritage, environmental and social importance that they should be conserved and incorporated into the Botanic Gardens Trust’s Master Plan for the precinct and should not be cut down and praying that the House join with the petitioners in seeking the NSW Environment Minister’s intervention in this matter.
Petition received.
8NOTICES OF MOTIONS
9BUSINESS POSTPONED
Orders of the day nos 1 and 2 on the Notice Paper of government business postponed, on motion of Mr Kelly, until a later hour of the sitting.
10SUSPENSION OF STANDING AND SESSIONAL ORDERS—ORDER FOR PAPERS—RECRUITMENT WITHIN LOCAL GOVERNMENT
On the President calling on the Clerk to read the order of the day, Mr Gay 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. 103 outside the order of precedence relating to the positions of Administrator, Acting General Manager or General Manager of newly proclaimed local government areas be called on forthwith.
Question put and passed.
Mr Gay then moved: That private members’ business item no. 103 outside the order of precedence be called on forthwith.
Question put and passed.
11ORDER FOR PAPERS—RECRUITMENT WITHIN LOCAL GOVERNMENT
Mr Gay 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 the following documents in the possession, custody or control of the Minister for Local Government and the Department of Local Government:
(a)all documents regarding the advertisements for all of the positions of Administrator, Acting General Manager or General Manager of newly proclaimed local government areas,
(b)the job descriptions and minimum qualification requirements for all of the positions of Administrator, Acting General Manager or General Manager of newly proclaimed local government areas,
(c)the details of salaries and terms of conditions of employment for all of the positions of Administrator, Acting General Manager or General Manager of newly proclaimed local government areas,
(d)all correspondence and communication between applicants for Administrator, Acting General Manager or General Manger positions of newly proclaimed local government areas, the Minister for Local Government and the Director-General of the Department of Local Government,
(e)all correspondence and communication between the successful applicants for Administrator, Acting General Manager or General Manager positions of newly proclaimed local government areas, the Minister for Local Government and the Director-General of the Department of Local Government, and
(f)any document which records or refers to the production of documents as a result of this order of this House.
Question put and passed.
12SUSPENSION OF STANDING AND SESSIONAL ORDERS—CROWN LANDS (PREVENTION OF SALE) BILL 2004
On the President calling on the Clerk to read the order of the day, Mr Cohen 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. 116 outside the order of precedence relating to the Crown Lands (Prevention of Sale) Bill 2004 be called on forthwith.
Debate ensued.
Question put and passed.
Mr Cohen then moved, according to standing order: That private members’ business item no. 116 outside the order of precedence be called on forthwith.
Question put and passed.
13CROWN LANDS (PREVENTION OF SALE) BILL 2004
Mr Cohen moved, according to notice: That leave be given to bring in a bill for an Act to identify and protect the values of certain Crown land by preventing sales of certain land, preventing the revocation of reservations from sale applying to certain land and facilitating the making of reservations from sale in relation to certain land; and for other purposes.
Question put and passed.
Bill presented.
Bill read a first time and ordered to be printed.
Mr Cohen then moved: That this bill be now read a second time.
Debate ensued.
Motion made (Dr Chesterfield-Evans) and question: That this debate be now adjourned until five calendar days ahead—put and passed.
14LIQUOR AMENDMENT (PARLIAMENTARY PRECINCTS) BILL 2004
On the order of the day being read, Mr Macdonald moved: That this bill be now read a second time.
Leave granted for the mover’s second reading speech to be incorporated in Hansard.
Debate ensued.
Question put and passed.
Bill read a second time.
Leave granted to proceed to the third reading of the bill forthwith.
Standing orders having been suspended Thursday 3 June 2004—
Bill, on motion of Mr Macdonald, read a third time.
Bill returned to the Legislative Assembly without amendment.
15ROAD TRANSPORT (GENERAL) AMENDMENT (LICENCE SUSPENSION) BILL 2004
On the order of the day being read, Mr Costa moved: That this bill be now read a second time.
Leave granted for the mover’s second reading speech to be incorporated in Hansard.
Debate ensued.
Question put and passed.
Bill read a second time.
Leave granted to proceed to the third reading of the bill forthwith.
Standing orders having been suspended Thursday 3 June 2004—
Bill, on motion of Mr Tsang (on behalf of Mr Costa), read a third time.
Bill returned to the Legislative Assembly without amendment.
16Police Integrity Commission—Report
The Deputy President, according to the Police Integrity Commission Act 1996, announced receipt of a report of the Police Integrity Commission entitled “Report to Parliament: Operation Florida—Volumes 1 and 2”, dated June 2004. The Deputy President further announced that under the Act the report was authorised to be made public on 28 June 2004.
Ordered, on motion of Mr Tsang: That the report be printed.
17REGIONAL DEVELOPMENT BILL 2004
On the order of the day being read, Mr Kelly moved: That this bill be now read a second time.
Leave granted for the mover’s second reading speech to be incorporated in Hansard.
Debate ensued.
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According to sessional order, proceedings interrupted at 4.00 pm for Questions.
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18QUESTIONS
19MINISTERIAL STATEMENT
Mr Della Bosca made a ministerial statement concerning workplace fatalities and Occupational Health and Safety laws.
Mr Gallacher also addressed the House.
Revd Mr Nile, by leave, also addressed the House.
Dr Chesterfield-Evans sought leave to address the House.
Objection taken.
Leave not granted.
20NOTICE OF MOTION
Mr Kelly, by leave under standing order 71, gave notice of a motion relating to the representative of the Legislative Council on the Council of the University of Technology, Sydney.
21REGIONAL DEVELOPMENT BILL 2004
Order of the day read for resumption of the interrupted debate of the question on the motion of Mr Kelly: That this bill be now read a second time.
Debate resumed.
Question put and passed.
Bill read a second time.
The President left the Chair and the House sat as a committee of the whole for consideration of this bill.
The committee reported the bill without amendment.
The House adopted the report.
Standing orders having been suspended Wednesday 2 June 2004—
Bill, on motion of Mr Kelly, read a third time.
Bill returned to the Legislative Assembly without amendment.
22RESIDENTIAL TENANCIES AMENDMENT (PUBLIC HOUSING) BILL 2004
On the order of the day being read, Mr Kelly (on behalf of Mr Costa) moved: That this bill be now read a second time.
Leave granted for the mover’s second reading speech to be incorporated in Hansard.
Debate ensued.
Motion made (Dr Chesterfield-Evans) and question: That this debate be now adjourned until a later hour of the sitting—put and passed.
23NOTICE OF MOTION
Mr Kelly, by leave under standing order 71, gave notice of a motion relating to the take note debate on the budget estimates for 2004-2005.
24SPECIAL ADJOURNMENT
Mr Kelly moved: That this House at its rising today do adjourn until Tuesday 29 June 2004 at 11.00 am.
Question put and passed.
Mr Kelly then moved: That this House do now adjourn.
Debate ensued.
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Ms Cusack, by leave, tabled a poem entitled “The Coloured Digger”.
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Debate continued.
Question put and passed.
The House adjourned at 10.42 pm until Tuesday 29 June 2004 at 11.00 am.
25ATTENDANCE
All members present.
John Evans
Clerk of the Parliaments
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Authorised by the Parliament of New South Wales