285
PARLIAMENT OF NEW SOUTH WALES
LEGISLATIVE ASSEMBLY
2002
THIRD SESSION OF THE FIFTY-SECOND PARLIAMENT
______
VOTES
AND
PROCEEDINGS
No. 28
TUESDAY 18 JUNE 2002
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299
VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 18 June 2002
1 DISTINGUISHED VISITORS
The Speaker drew the attention of the House to the presence in his Gallery of the President of the Democratic Republic of East Timor, Mr Xanana Gusmao and an accompanying delegation.
2 MESSAGES FROM THE GOVERNOR
The Speaker reported messages from Her Excellency the Governor assenting to the following bills:
17 June 2002
Act No. 19 Local Government Amendment (Anti-Corruption) Bill.
18 June 2002
Act No. 20 Local Government Amendment (Graffiti) Bill
Act No. 21 Drug Summit Legislative Response Amendment (Trial Period Extension) Bill
Act No. 22 Civil Liability Bill.
3 LOCAL GOVERNMENT AMENDMENT (ENFORCEMENT OF PARKING AND RELATED OFFENCES) BILL (Bill of previous session)
The Speaker reported the following message from the Legislative Council:
MR SPEAKER
The Legislative Council has considered the Legislative Assembly's Message, dated 7 June 2002, relating to amendments to the Local Government Amendment (Enforcement of Parking and Related Offences) Bill, a Bill of the previous Session, and does not insist on its amendment No. 2 disagreed to by the Assembly in the Bill.
Legislative Council FRED NILE
13 June 2002 Deputy President
4 INDUSTRIAL RELATIONS AMENDMENT (UNFAIR CONTRACTS) BILL
The Speaker reported the following message from the Legislative Council:
MR SPEAKER
The Legislative Council having this day passed a Bill titled “A bill for an Act to amend the Industrial Relations Act 1996 to make further provision with respect to unfair contracts” transmits the Bill to the Legislative Assembly for concurrence.
Legislative Council HELEN SHAM-HO
12 June 2002 Deputy President
Bill read a first time.
Ordered by the Speaker, That the second reading stand an Order of the Day for a later hour.
5 MESSAGES FROM THE LEGISLATIVE COUNCIL
The Speaker reported messages from the Legislative Council returning the following bills without amendment:
11 June 2002
Compensation Court Repeal Bill
Crimes Amendment (Bushfires) Bill
Legal Profession Amendment (National Competition Policy Review) Bill
12 June 2002
Financial Services Reform (Consequential Amendments) Bill
Justices of the Peace Bill
Licensing and Registration (Uniform Procedures) Bill
Liquor Amendment (Special Events Hotel Trading) Bill
Optometrists Bill
13 June 2002
Local Government Amendment (Anti-Corruption) Bill.
6 GREYHOUND RACING BILL
HARNESS RACING BILL
The Speaker reported the following messages from the Legislative Council:
MR SPEAKER
The Legislative Council has this day agreed to the “Greyhound Racing Bill” with the amendment indicated by the accompanying schedule, in which amendment the Council requests the concurrence of the Legislative Assembly.
Legislative Council BRIAN PEZZUTTI
11 June 2002 Deputy President
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GREYHOUND RACING BILL
Schedule of the amendment referred to in Message of 11 June 2002.
JOHN EVANS
Clerk of the Parliaments
Page 4, clause 8(1)(c), lines 26-29. Omit all words on those lines. Insert instead:
(c) two persons nominated by greyhound racing clubs (other than those referred to in paragraphs (a) and (b)), with one of those nominees being nominated as a representative of TAB clubs and the other being nominated as a representative of country racing.
Examined
TONY KELLY
Chairman of Committees
______
MR SPEAKER
The Legislative Council has this day agreed to the “Harness Racing Bill” with the amendment indicated by the accompanying schedule, in which amendment the Council requests the concurrence of the Legislative Assembly.
Legislative Council BRIAN PEZZUTTI
11 June 2002 Deputy President
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HARNESS RACING BILL
Schedule of the amendment referred to in Message of 11 June 2002.
JOHN EVANS
Clerk of the Parliaments
Page 4, clause 8(1)(b), lines 26-29. Omit all words on those lines. Insert instead:
(c) two persons nominated by harness racing clubs (other than New South Wales Harness Racing Club Ltd), with one of those nominees being nominated as a representative of TAB clubs and the other being nominated as a representative of country racing.
Examined
TONY KELLY
Chairman of Committees
______
Ordered by the Speaker, That the amendment made by the Legislative Council in each of the bills be taken into consideration at a later hour.
7 CRIMES (ADMINISTRATION OF SENTENCES) AMENDMENT BILL
SUMMARY OFFENCES AMENDMENT (PLACES OF DETENTION) BILL
The Speaker reported the following messages from the Legislative Council:
MR SPEAKER
The Legislative Council has this day agreed to the “Crimes (Administration of Sentences) Amendment Bill” with the amendment indicated by the accompanying schedule, in which amendment the Council requests the concurrence of the Legislative Assembly.
Legislative Council JANELLE SAFFIN
12 June 2002 Deputy President
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CRIMES (ADMINISTRATION OF SENTENCES) AMENDMENT BILL
Schedule of the amendment referred to in Message of 12 June 2002.
JOHN EVANS
Clerk of the Parliaments
Page 2. Insert after line 10:
4 Monitoring of amendments by Ombudsman
(1) In this section:
the relevant provisions means:
(a) the provisions of the Crimes (Administration of Sentences) Act 1999 amended by this Act, and
(b) the provisions of the Summary Offences Act 1988 amended or inserted by the Summary Offences Amendment (Places of Detention) Act 2002.
(2) For the period of 2 years after the commencement of this section, the Ombudsman is to keep under scrutiny the operation of the relevant provisions.
(3) For that purpose, the Ombudsman may require the Department of Corrective Services or the Attorney General’s Department to provide information concerning the Department’s participation in the operation of the relevant provisions.
(4) The Ombudsman must, as soon as practicable after the expiration of that 2 year period, prepare a report as to the operation and effect of the relevant provisions and furnish a copy of the report to the Minister for Corrective Services and the Attorney General.
(5) The Ombudsman may identify, and include recommendations in the report to be considered by the Minister for Corrective Services and the Attorney General about, amendments that might appropriately be made to the relevant provisions with respect to the operation of those provisions.
(6) The Minister for Corrective Services is to lay (or cause to be laid) a copy of any report made or furnished to the Minister under this section before both Houses of Parliament as soon as practicable after the Minister receives the report.
(7) If a House of Parliament is not sitting when the Minister for Corrective Services seeks to furnish a report to it, the Minister may present copies of the report to the Clerk of the House concerned.
(8) The report:
(a) on presentation and for all purposes is taken to have been laid before the House, and
(b) may be printed by authority of the Clerk of the House, and
(c) if printed by authority of the Clerk is for all purposes taken to be a document published by or under the authority of the House, and
(d) is to be recorded:
(i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and
(ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,
on the first sitting day of the House after receipt of the report by the Clerk.
Examined
TONY KELLY
Chairman of Committees
______
MR SPEAKER
The Legislative Council has this day agreed to the “Summary Offences Amendment (Places of Detention) Bill” with the amendment indicated by the accompanying schedule, in which amendment the Council requests the concurrence of the Legislative Assembly.
Legislative Council JANELLE SAFFIN
12 June 2002 Deputy President
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SUMMARY OFFENCES AMENDMENT (PLACES OF DETENTION) BILL
Schedule of the amendment referred to in Message of 12 June 2002.
JOHN EVANS
Clerk of the Parliaments
Page 5, Schedule 1 [7], proposed section 27F. Insert after line 19:
(8) Nothing in this section prevents the powers that may be exercised in relation to a person from being exercised in relation to a correctional officer.
Examined
TONY KELLY
Chairman of Committees
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Ordered by the Speaker, That the amendment made by the Legislative Council in each of the bills be taken into consideration at a later hour.
8 LOCAL GOVERNMENT AMENDMENT (MISCELLANEOUS) BILL
The Speaker reported the following message from the Legislative Council:
MR SPEAKER
The Legislative Council has this day agreed to the “Local Government Amendment (Miscellaneous) Bill” with the amendment indicated by the accompanying schedule, in which amendment the Council requests the concurrence of the Legislative Assembly.
Legislative Council BRIAN PEZZUTTI
13 June 2002 Deputy President
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LOCAL GOVERNMENT AMENDMENT (MISCELLANEOUS) BILL
Schedule of the amendment referred to in Message of 13 June 2002.
JOHN EVANS
Clerk of the Parliaments
Pages 11 and 12, Schedule 1, line 19 on page 11 to line 34 on page 12. Omit all words on those lines.
Examined
TONY KELLY
Chairman of Committees
______
Ordered by the Speaker, That the amendment made by the Legislative Council in the bill be taken into consideration at a later hour.
9 MINISTERIAL STATEMENT¾CITRUS INDUSTRY
Mr Amery made a statement concerning citrus production in the Bourke region and the sending of a gift of oranges from the region to Queen Elizabeth II on the occasion of her Golden Jubilee.
Mr Armstrong also addressed the House.
10 NOTICES OF MOTIONS
11 COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT
The Speaker, pursuant to section 23 of the Commission for Children and Young People Act 1998, announced receipt of the Report of the Child Death Review Team entitled “Fatal Assault of Children and Young People”, dated June 2002 (received 14 June 2002).
Ordered to be printed.
12 PAPERS
(1) Mr Whelan, on behalf of Mr Carr, tabled:
Annual Report and Determination of Additional Entitlements for Members of the Parliament of New South Wales by the Parliamentary Remuneration Tribunal pursuant to the Parliamentary Remuneration Act 1989, dated 31 May 2002.
(2) Mr Aquilina tabled:
Report of the Murray-Darling Basin Commission for the year ended 30 June 2001.
13 ANNUAL REPORTS
The Clerk, pursuant to the Annual Reports (Statutory Bodies) Act 1984, announced receipt of the following reports:
Report of the Tow Truck Authority of New South Wales for the year ended 30 June 2000 with an accompanying statement of reasons for late tabling (received 12 June 2002).
Report of the Tow Truck Authority of New South Wales for the year ended 30 June 2001 with an accompanying statement of reasons for late tabling (received 12 June 2002).
14 STATUTORY INSTRUMENTS
The Clerk announced receipt of notices of the following statutory instruments:
Compensation Court Act 1984¾Compensation Court Rule (Conciliation of Coal Miners’ Claims) 2002. (Gazette 94, 7 June 2002, page 3496.)
Crimes (Forensic Procedures) Act 2000¾
(a) Crimes (Forensic Procedures) Amendment Regulation 2002. (Gazette 94, 7 June 2002, page 3484.)
(b) Crimes (Forensic Procedures) Amendment (Corresponding Laws) Regulation 2002. (Gazette 100, 14 June 2002, page 4455.)
District Court Act 1973¾Amendment to Practice Note No 61. (Gazette 98, 14 June 2002, page 4430.)
Home Building Act 1989¾Home Building Amendment (Prescribed Categories) Regulation 2002. (Gazette 94, 7 June 2002, page 3488.)
Police Service Act 1990¾Police Service Amendment (Charges for Supplementary Policing Services) Regulation 2002. (Gazette 94, 7 June 2002, page 3492.)
Protection of the Environment Operations Act 1997¾Protection of the Environment Operations (Waste) Amendment (Contributions) Regulation 2002. (Gazette 98, 14 June 2002, page 4196.)
Supreme Court Act 1970¾Supreme Court Rules (Amendment No 360) 2002. (Gazette 98, 14 June 2002, page 4206.)
Westpac Banking Corporation (Transfer of Incorporation) Act 2000¾Westpac Banking Corporation (Transfer of Incorporation) Amendment Regulation 2002. (Gazette 98, 14 June 2002, page 4203.)
15 PETITIONS
The Clerk announced that the following members had each lodged petitions for presentation:
Mr O’Farrell¾from certain citizens requesting the State Government join the Federal Government in lobbying the government of France to preserve Australian War Graves in France.
Mr Barr¾from certain citizens opposing the current lease process for the Quarantine Station at Manly.
Ms Andrews¾from certain citizens requesting that banks provide basic services.
Mr Fraser, Mrs Grusovin and Mr Rozzoli¾from certain citizens requesting the retention of existing exemptions applying to religious bodies in the Anti-Discrimination Act.
Mr Merton¾from certain citizens requesting the implementation of mandatory minimum penalties into legislation.
Mr Orkopoulos¾from certain citizens opposing the closure of the northern entrance to the Lake Munmorah State Recreation Area.
Mr Rozzoli¾from certain citizens requesting prosecutions relating to damage of habitat under the National Parks and Wildlife Act be properly and responsibly based.
Mr Torbay¾from certain citizens requesting amendments to the Disorderly Houses Act.
Mr Barr¾from certain citizens requesting the continuation of the JetCat services to Manly after 7.00 pm.
Mr Collins¾from certain citizens requesting a review of components of the Lane Cove tunnel works.
Mr Collins¾from certain citizens requesting the installation of pedestrian traffic signals on Miller Street, Cammeray.
Mr Webb¾from certain citizens requesting that seating and seat belts be provided for students on school buses.
Mr Barr¾from certain citizens requesting funding to assist in the remediation of Manly Lagoon.
Mr Barr¾from certain citizens opposing any further hard surfacing and development of the crown land portion of John Fisher Park and Abbott Road Land.
Mr George¾from certain citizens requesting increased police numbers at Casino and for the station to be manned 24 hours a day.
Dr Kernohan¾from certain citizens opposing the closure of the local police station servicing Warragamba and Silverdale.
Mr Kerr¾from certain citizens requesting increased police patrols and the upgrading of the Cronulla Police Station.
Mr O’Farrell¾from certain citizens requesting an upgrade for the Gordon Police Station.
Mr Tink¾from certain citizens opposing the closure of Malabar Police Station.
Mr Tink¾from certain citizens opposing the closure of Wentworthville Police Station.
Mr Webb¾from certain citizens requesting a rural police officer for the Monaro police district.
16 NOTICES OF MOTIONS FOR URGENT CONSIDERATION
Mr Collier¾Sutherland Shire.
Mr Richardson¾Proposed Gaol at Nowra.