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Legislative Council Minutes No. 9—Thursday 7 June 2007
117
LEGISLATIVE COUNCIL
MINUTES OF PROCEEDINGS
No. 9
THURSDAY 7 JUNE 2007
Contents
1 Meeting of the House 118
2 Message from the Legislative Assembly—Duties Amendment (First Home Plus One) Bill 2007 118
3 Notices of Motions 118
4 Notices of Motions withdrawn 118
5 Business Postponed 118
6 Personal Explanation 119
7 Suspension of Standing and Sessional Orders—Order for Papers—Law Reform Commission Report 119
8 Suspension of Standing and Sessional Orders—Educational Support for Dyslexic Children Bill 2007 119
9 Educational Support for Dyslexic Children Bill 2007 119
10 Economic Management 120
11 Questions 120
12 Message from the Legislative Assembly—Human Cloning and Other Prohibited Practices Amendment Bill 2007 120
13 Suspension of Standing and Sessional Orders—Order for Papers—Law Reform Commission Report 120
14 Order for Papers—Law Reform Commission Report 121
15 Economic Management 121
16 Business Postponed 122
17 Security Industry Amendment (Patron Protection) Bill 2007 122
18 Paper—Tabled by Minister 123
19 Special Adjournment 123
20 Drug and Alcohol Treatment Bill 2007 123
21 Attendance of the Treasurer in the Legislative Assembly 123
22 Adjournment 124
23 Attendance 124
1 MEETING OF THE HOUSE
The House met at 11.00 am according to adjournment. The President took the Chair and read the prayers.
2 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—DUTIES AMENDMENT (FIRST HOME PLUS ONE) BILL 2007
The President reported the following message from the Legislative Assembly:
Mr PRESIDENT
The Legislative Assembly has this day passed a Bill titled “an Act to amend the Duties Act 1997 and the Land Tax Management Act 1956 to extend a duty and land tax concession to shared equity arrangements between first home owners and other persons” and presents the same to the Legislative Council for its concurrence.
Legislative Assembly RICHARD TORBAY
6 June 2007 Speaker
Bill, on motion of Mr Kelly (on behalf of Mr Costa), read a first time and ordered to be printed.
Mr Kelly 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.
3 NOTICES OF MOTIONS
4 NOTICES OF MOTIONS WITHDRAWN
(1) Mr Gay withdrew private members’ business item no. 4 in the order of precedence on the Notice Paper for today relating to an order for papers regarding the Department of Education and Training.
(2) Mr Harwin (on behalf of Mr Lynn) withdrew private members’ business item no. 62 outside the order of precedence on the Notice Paper for today relating to the Operation Retz report.
(3) Ms Rhiannon withdrew private members’ business item no. 47 outside the order of precedence on the Notice Paper for today relating to an Indonesian delegation.
(4) Ms Rhiannon withdrew private members’ business item no. 60 outside the order of precedence on the Notice Paper for today relating to the Operation Retz report.
5 BUSINESS POSTPONED
Notices of motions nos 1 and 2 on the Notice Paper of business of the House postponed, on motion of Mr Gay, until next sitting day.
6 PERSONAL EXPLANATION
Mr Gay, by leave, made a personal explanation regarding statements made about him during Question Time yesterday.
7 SUSPENSION OF STANDING AND SESSIONAL ORDERS—ORDER FOR PAPERS—LAW REFORM COMMISSION REPORT
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. 59 outside the order of precedence relating to an order for papers regarding a Law Reform Commission report be called on forthwith.
Motion, by leave, withdrawn.
8 SUSPENSION OF STANDING AND SESSIONAL ORDERS—EDUCATIONAL SUPPORT FOR DYSLEXIC CHILDREN BILL 2007
On the President calling on the Clerk to read the order of the day, Revd Mr Nile 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. 57 outside the order of precedence relating to the Educational Support for Dyslexic Children Bill 2007 be called on forthwith.
Question put and passed.
Revd Mr Nile then moved: That private members’ business item no. 57 outside the order of precedence be called on forthwith.
Question put and passed.
9 EDUCATIONAL SUPPORT FOR DYSLEXIC CHILDREN BILL 2007
Revd Mr Nile moved, according to notice: That leave be given to bring in a bill for an Act to include dyslexia within the disability criteria of the NSW Department of Education and Training in respect of the Special Education Initiative for students with disabilities.
Question put and passed.
Bill presented.
Bill read a first time and ordered to be printed.
Revd Mr Nile then moved: That this bill be now read a second time.
Debate ensued.
Motion made (Mr Veitch) and question: That this debate be now adjourned until five calendar days ahead—put and passed.
10 ECONOMIC MANAGEMENT
Mr Pearce moved, according to notice:
1. That this House congratulates the Howard Liberal/Nationals Federal Government on its exemplary economic management, which continues to deliver prosperity to Australians, and in particular congratulates the Treasurer, Peter Costello, on his Budget delivered on 8 May 2007.
2. That this House notes with alarm the inexperienced, union-centric mismanagement of the Iemma/Costa government which has delivered a deficit budget for 2006-07, withering high taxes and debilitating red tape which drive business and citizens interstate, Iemma and Costa’s inability to control expenses and their rash ill-conceived decisions which continue to waste millions of hard earned taxpayers dollars and fail to deliver the infrastructure and services New South Wales deserves.
Debate ensued.
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According to sessional order, proceedings interrupted at 12.00 noon for Questions.
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11 QUESTIONS
12 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—HUMAN CLONING AND OTHER PROHIBITED PRACTICES AMENDMENT BILL 2007
The President reported the following message from the Legislative Assembly:
Mr PRESIDENT
The Legislative Assembly has this day passed a Bill titled “an Act to amend the Human Cloning and Other Prohibited Practices Act 2003 to mirror changes made by the Commonwealth to nationally consistent legislation; and for other purposes” and presents the same to the Legislative Council for its concurrence.
Legislative Assembly RICHARD TORBAY
7 June 2007 Speaker
Bill, on motion of Mr Tsang (on behalf of Mr Hatzistergos), read a first time and ordered to be printed.
Mr Tsang 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.
13 SUSPENSION OF STANDING AND SESSIONAL ORDERS—ORDER FOR PAPERS—LAW REFORM COMMISSION REPORT
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. 59 outside the order of precedence relating to an order for papers regarding a Law Reform Commission report be called on forthwith.
Debate ensued.
Question put and passed.
Ms Rhiannon then moved: That private members’ business item no. 59 outside the order of precedence be called on forthwith.
Question put and passed.
14 ORDER FOR PAPERS—LAW REFORM COMMISSION REPORT
Ms Rhiannon 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 NSW Law Reform Commission report into surveillance entitled Report 108 – Surveillance: Final report, dated May 2005, in the possession, custody or control of the Attorney-General and any document which records or refers to the production of documents as a result of this order of the House.
Debate ensued.
Question put and passed.
15 ECONOMIC MANAGEMENT
Order of the day read for resumption of the interrupted debate of the question on the motion of Mr Pearce:
1. That this House congratulates the Howard Liberal/Nationals Federal Government on its exemplary economic management, which continues to deliver prosperity to Australians, and in particular congratulates the Treasurer, Peter Costello, on his Budget delivered on 8 May 2007.
2. That this House notes with alarm the inexperienced, union-centric mismanagement of the Iemma/Costa government which has delivered a deficit budget for 2006-07, withering high taxes and debilitating red tape which drive business and citizens interstate, Iemma and Costa’s inability to control expenses and their rash ill-conceived decisions which continue to waste millions of hard earned taxpayers dollars and fail to deliver the infrastructure and services New South Wales deserves.
Debate resumed.
Question put.
The House divided.
Ayes 14
Mr AjakaMr Clarke
Mr Colless *
Ms Ficarra
Mr Gay / Mr Harwin *
Mr Khan
Mr Lynn
Mr Mason-Cox
Revd Dr Moyes / Revd Mr Nile
Ms Parker
Mrs Pavey
Mr Pearce
* Tellers
Noes 20
Mr Cohen
Mr Costa
Mr Donnelly *
Ms Griffin
Ms Hale
Mr Hatzistergos / Dr Kaye
Mr Kelly
Mr Macdonald
Mr Obeid
Ms Rhiannon
Ms Robertson
Mr Roozendaal / Ms Sharpe
Mr Tsang
Mr Veitch *
Ms Voltz
Mr West
Ms Westwood
* Tellers
Pairs
Ms Cusack / Mr CatanzaritiMr Gallacher / Ms Fazio
Miss Gardiner / Mr Della Bosca
Question resolved in the negative.
16 BUSINESS POSTPONED
Private members’ business item no. 3 in the order of precedence postponed, on motion of Ms Robertson (on behalf of Ms Fazio), until the next sitting day on which general business takes precedence.
17 SECURITY INDUSTRY AMENDMENT (PATRON PROTECTION) BILL 2007
Revd Dr Moyes moved, according to notice: That leave be given to bring in a bill for an Act to introduce new measures (including random drug and alcohol testing of bouncers and crowd controllers) designed to protect patrons of licensed venues and to make further provision with respect to the regulation of persons in the security industry and the carrying on of security activities; and for other purposes.
Question put and passed.
Bill presented.
Bill read a first time and ordered to be printed.
Revd Dr Moyes then moved: That this bill be now read a second time.
Debate ensued.
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Revd Dr Moyes, by leave, tabled a letter from senior academics supporting drug and alcohol tests for crowd controllers in New South Wales.
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Debate continued.
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According to sessional order, it being 5.00 pm proceedings interrupted for adjournment.
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The House continued to sit.
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According to sessional order, government business proceeded with.
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18 PAPER—TABLED BY MINISTER
Mr Tsang tabled the following paper:
Forestry Restructuring and Nature Conservation Act 1995—Report on Forest Industry Restructuring Expenditure for the period 1 July 2006 to 31 December 2006.
19 SPECIAL ADJOURNMENT
Mr Tsang moved: That this House at its rising today do adjourn until Tuesday 19 June 2007 at 2.30 pm.
Question put and passed.
20 DRUG AND ALCOHOL TREATMENT BILL 2007
Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Hatzistergos: That this bill be now read a second time.
Debate resumed—first speech of Ms Westwood.
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 Wednesday 6 June 2007—
Bill, on motion of Mr Tsang (on behalf of Mr Hatzistergos), read a third time.
Bill returned to the Legislative Assembly without amendment.
21 ATTENDANCE OF THE TREASURER IN THE LEGISLATIVE ASSEMBLY
On the order of the day being read, Mr Tsang (on behalf of Mr Kelly) moved: That this House agrees to the request of the Legislative Assembly in its message dated 6 June 2007 for the Honourable Michael Costa MLC, Treasurer, Minister for Infrastructure and Minister for the Hunter, to attend the Legislative Assembly on Tuesday 19 June 2007 at 12 noon to give a speech of unlimited duration in relation to the New South Wales Budget 2007/2008.
Question put and passed.
Mr Tsang 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 agrees to the request of the Legislative Assembly in its Message dated 6 June 2007 for the Honourable Michael Costa MLC, Treasurer, Minister for Infrastructure and Minister for the Hunter, to attend the Legislative Assembly on Tuesday 19 June 2007 at 12 noon to give a speech of unlimited duration in relation to the New South Wales Budget 2007/2008.
Legislative Council PETER PRIMROSE
7 June 2007 President
Question put and passed.
22 ADJOURNMENT
Mr Tsang moved: That this House do now adjourn.
Debate ensued.
Question put and passed.
The House adjourned at 6.03 pm until Tuesday 19 June 2007 at 2.30 pm.
23 ATTENDANCE
All members present, except Ms Fazio.
Lynn Lovelock
Acting Clerk of the Parliaments
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Authorised by the Parliament of New South Wales