Parliament of New South Wales s2

1587

PARLIAMENT OF NEW SOUTH WALES

LEGISLATIVE ASSEMBLY

2003-05

FIRST SESSION OF THE FIFTY-THIRD PARLIAMENT

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VOTES

AND

PROCEEDINGS

No. 146

WEDNESDAY 21 SEPTEMBER 2005

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1599

VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY

Wednesday 21 September 2005

1  ABSENCE OF THE SPEAKER AND DEPUTY SPEAKER

The Clerk informed the House of the absence of the Speaker and Deputy Speaker and, pursuant to Standing Order 16, the Chairman of Committees took the Chair.

2  CONFISCATION OF PROCEEDS OF CRIME AMENDMENT BILL

Mr West, on behalf of Mr Debus, moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend the Confiscation of Proceeds of Crime Act 1989, the Civil Liability Act 2002, the Crimes Act 1900 and the Forfeiture Act 1995 with respect to the seizure and restraint of property connected with criminal activity, the supervision of damages paid to offenders suffering from mental illness, money laundering offences and the application of the forfeiture rule to persons found not guilty of murder by reason of mental illness; and for other purposes.

Question put and passed.

Bill presented and read a first time.

Mr West moved, That this bill be now read a second time.

Debate adjourned (Mr George) and the resumption of the debate made an order of the day for a future day.

3  NATIONAL PARKS AND WILDLIFE AMENDMENT (JENOLAN CAVES RESERVES) BILL

Ms Megarrity, on behalf of Mr Debus, moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend the National Parks and Wildlife Act 1974 to dissolve the Jenolan Caves Reserve Trust and to establish a Karst Management Advisory Committee; and for other purposes.

Question put and passed.

Bill presented and read a first time.

Ms Megarrity moved, That this bill be now read a second time.

Debate adjourned (Mr George) and the resumption of the debate made an order of the day for a future day.

4  PROTECTION OF THE ENVIRONMENT OPERATIONS AMENDMENT BILL

The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Debus, That this bill be now read a second time.

Question again proposed and debate resumed.

Question put and passed.

Bill read a second time.

Ordered by Ms Andrews, Acting Speaker, That consideration in committee of the whole stand an order of the day for a later hour.

5  NOTICES OF MOTIONS

6  PETITIONS

The Clerk announced that the following members had each lodged petitions for presentation:

Mrs Hancock, Mrs Hopwood and Mr Tink—from certain citizens opposing the increase to poker machine tax.

Mr Page—from certain citizens requesting that the construction of the Alstonville bypass be completed by the end of 2006.

Mrs Hancock—from certain citizens opposing any reduction in rail services on the South Coast line.

Ms Hodgkinson—from certain citizens opposing any reduction in CityRail services on the Southern Tablelands line.

Mr Newell—from certain citizens requesting the retention of the CountryLink rail service from Murwillumbah to Casino.

Mr Stoner—from certain citizens opposing the abolition of CountryLink rail services and their replacement with buses in rural and regional New South Wales.

Mr Cansdell, Mr Merton and Mr J.H. Turner—from certain citizens opposing the Anti-Discrimination Amendment (Religious Tolerance) Bill.

Mrs Hancock—from certain citizens requesting the prohibition of fishing competitions in the Jervis Bay Marine Park.

Mrs Hopwood—from certain citizens requesting that whales be protected in Australian waters.

Mrs Hancock—from certain citizens requesting a prohibition on extraction of water from the Shoalhaven River for the purpose of supporting Sydney’s water supply.

Mr Kerr—from certain citizens opposing the proposed construction of a desalination plant at Kurnell.

Mr Stoner—from certain citizens opposing the addition of fluoride to the Kempsey and district water supply.

Mrs Hancock—from certain citizens requesting community consultation on suitable public school infrastructure in the Milton-Ulladulla districts.

Mr Merton—from certain citizens requesting the provision of a school hall for Model Farms High School.

Mr Cansdell, Mrs Hopwood, Mr Merton and Mr Stoner—from certain citizens requesting the continued funding of BreastScreen NSW.

Mr Cansdell—from certain citizens opposing the closure of inpatient beds and the reduction in emergency department hours at the Campbell Hospital, Coraki.

Mr Fraser—from certain citizens requesting the fast tracking of plans for the placement of an aeromedical rescue helicopter service based in Coffs Harbour.

Ms Andrews—from certain citizens opposing the Somersby Fields sandmining proposal.

Mr Gibson—from certain citizens opposing the proposed development of land on the existing line of the Old Western Road for commercial recreational purposes.

Mr Stoner—from certain citizens objecting to the criteria for country cancer patients to qualify for the Isolated Patients’ Travel and Accommodation Assistance Scheme (IPTAAS).

Mr Stoner and Mr J. H. Turner—from certain citizens opposing any restrictions on recreational fishing in Mid North Coast waters.

Ms Hodgkinson—from certain citizens opposing changes to the rental structure for Crown Land leases.

Ms Hodgkinson—from certain citizens requesting approval for the construction of a motorcycle track at Collector Bushrangers Reserve.

Mrs Hopwood—from certain citizens requesting a review of the Government’s policy on water access only properties.

Ms Berejiklian—from certain citizens requesting a regional traffic plan for the Pacific Highway in the City of Willoughby.

Ms Berejiklian—from certain citizens requesting a right turn arrow at the intersection of Edinburgh Road and Eastern Valley Way, Castlecrag.

Mrs Hancock—from certain citizens requesting the fast tracking of an appropriate Princes Highway by-pass around Nowra.

Ms Hodgkinson—from certain citizens requesting the Roads and Traffic Authority give greater priority to the Barton Highway for Federal Auslink funding.

Mr J.H. Turner—from certain citizens requesting the building of cycle ways in the Forster/Tuncurry area.

7  PLACING AND DISPOSAL OF BUSINESS—CALLOVER OF GENERAL BUSINESS

General Business Notices of Motions (for Bills):

No 1 Parliamentary Electorates and Elections Amendment (Redistribution and Electoral Fairness) Bill, postponed (Mr O’Farrell).

No 2 Crimes (Forensic Procedures) Amendment (Comprehensive DNA Testing) Bill, postponed (Mr Humpherson).

General Business Orders of the Day (for Bills):

No 1 Director of Public Prosecutions Amendment (Parliamentary Joint Committee) Bill, postponed (Mr Tink).

No 2 Police Integrity Commission Amendment (Reports) Bill, postponed (Mr Tink).

No 3 Civil Liability Amendment (Mental Illness) Bill, postponed (Mr Tink).

No 5 Liquor Amendment (Parliament House) Bill, postponed (Mr O’Farrell).

No 6 Save Orange Grove Bill, postponed (Mr Brogden).

No 9 Jury Amendment (Majority Verdicts) Bill, postponed (Mr Tink).

No 10 Police Integrity Commission Amendment (Shaw Investigation) Bill, postponed (Mr Tink).

No 11 Transport Legislation Amendment (Implementation of Waterfall Rail Inquiry Recommendations) Bill, postponed (Mr Brogden).

No 13 Criminal Appeal Amendment (Jury Verdicts) Bill, postponed (Mr Tink).

No 17 Duties Amendment (Abolition of Bob Carr’s Vendor Duty) Bill, postponed (Mr Brogden).

General Business Notices of Motions (General Notices):

No 1 NSW Prison System, postponed (Mr Humpherson).

No 2 Manly Times, postponed (Mr O’Farrell).

No 3 Mid-Richmond Neighbourhood Centre, postponed (Mr Cansdell).

No 4 Bushfires in the Tumut, Brindabella and Snowy Mountains regions, postponed (Ms Hodgkinson).

No 10 Australian Defence Force personnel, postponed (Mr Roberts).

8  RE-ORDERING OF GENERAL BUSINESS

Mr Tink moved, That the General Business Notice of Motion (General Notice) No 883 (Maximum Penalty for Pack Rape) have precedence on Thursday 22 September 2005.

Debate ensued.

Question put.

The House divided.

AYES 34

Mr Aplin, Mr Barr, Ms Berejiklian, Mr Cansdell, Mr Debnam, Mr Draper, Mrs Fardell, Mr Fraser, Mrs Hancock, Mr Hartcher, Ms Hodgkinson, Mrs Hopwood, Mr Humpherson, Mr Kerr, Mr Merton, Ms Moore, Mr O'Farrell, Mr Oakeshott, Mr Page, Mr Piccoli, Mr Pringle, Mr Richardson, Mr Roberts, Ms Seaton, Mrs Skinner, Mr Slack-Smith, Mr Souris, Mr Stoner, Mr Tink, Mr Torbay, Mr J.H. Turner and Mr R.W. Turner.

Tellers: Mr George and Mr Maguire.

NOES 48

Ms Allan, Mr Amery, Ms Andrews, Mr Bartlett, Ms Beamer, Mr Black, Mr Brown, Ms Burney, Miss Burton, Mr Campbell, Mr Collier, Mr Corrigan, Mr Crittenden, Ms D'Amore, Mr Debus, Ms Gadiel, Mr Gaudry, Mr Gibson, Mr Greene, Ms Hay, Mr Hickey, Mr Hunter, Mr Iemma, Ms Judge, Ms Keneally, Mr Lynch, Mr McBride, Mr McLeay, Ms Meagher, Mr Mills, Mr Morris, Mr Newell, Ms Nori, Mr Orkopoulos, Mrs Paluzzano, Mr Pearce, Mrs Perry, Ms Saliba, Mr Sartor, Mr Scully, Mr Shearan, Mr Stewart, Mr Tripodi, Mr Watkins, Mr West and Mr Whan.

Tellers: Mr Ashton and Mr Martin.

Pairs: Mr Armstrong—Mr Price and Mr Constance—Mr Yeadon.

Question negatived.

9  PUBLIC ACCOUNTS COMMITTEE

Mr Brown, Chairman, tabled the Report of the Public Accounts Committee entitled “Value for Money from Corrective Services”, Report No 13/53 (No. 156), dated September 2005.

Ordered to be printed.

Mr Brown also tabled the “Extracts from Minutes of Public Accounts Committee Meetings relevant to Value for Money for NSW Correctional Services”.

10  LEGISLATION REVIEW COMMITTEE

Ms Judge, Vice-Chairman, tabled the report of the Legislation Review Committee entitled “The Right to Silence: Discussion Paper”, Discussion Paper No. 1, dated 21 September 2005.

Ordered to be printed.

Ms Judge also tabled the “Extracts from Minutes of Legislation Review Committee meetings relevant to The Right to Silence: Discussion Paper”.

11  NOTICES OF MOTIONS FOR URGENT CONSIDERATION

Mr McLeay—Working Conditions

Mr Debnam—New South Wales Budget Crisis.

12  QUESTIONS

13  SUSPENSION OF STANDING AND SESSIONAL ORDERS—GOVERNMENT BUSINESS

Mr Scully moved, That standing and sessional orders be suspended at this sitting to:

(1)  Allow for two additional speakers on the motion for urgent consideration, for five minutes each; and

(2)  Permit the introduction of the following bills without notice up to and including the Minister's second reading speech:

Crimes Amendment (Road Accidents) Bill

Criminal Procedure Amendment (Prosecutions) Bill.

Question put and passed.

14  MOTIONS FOR URGENT CONSIDERATION

(1)  Mr McLeay made a statement in support of his notice for urgent consideration.

(2)  Mr Debnam made a statement in support of his notice for urgent consideration—

That this House condemns the Government for its financial mismanagement which has led to a budget crisis denying police, nurses and teachers critical funding.

Question—That the notice for urgent consideration of the Member for Heathcote be proceeded with—put.

The House divided.

AYES 45

Ms Allan, Mr Amery, Ms Andrews, Mr Bartlett, Ms Beamer, Mr Black, Mr Brown, Ms Burney, Miss Burton, Mr Campbell, Mr Collier, Mr Corrigan, Mr Crittenden, Ms D'Amore, Mr Debus, Mr Gaudry, Mr Gibson, Mr Greene, Ms Hay, Mr Hickey, Mr Hunter, Ms Judge, Ms Keneally, Mr Lynch, Mr McBride, Mr McLeay, Ms Meagher, Mr Mills, Mr Morris, Mr Newell, Ms Nori, Mr Orkopoulos, Mrs Paluzzano, Mr Pearce, Mrs Perry, Ms Saliba, Mr Sartor, Mr Shearan, Mr Stewart, Mr Tripodi, Mr Watkins, Mr West and Mr Whan.

Tellers: Mr Ashton and Mr Martin.

NOES 33

Mr Aplin, Mr Barr, Ms Berejiklian, Mr Cansdell, Mr Debnam, Mr Draper, Mrs Fardell, Mr Fraser, Mrs Hancock, Mr Hartcher, Ms Hodgkinson, Mrs Hopwood, Mr Kerr, Mr Merton, Ms Moore, Mr O'Farrell, Mr Oakeshott, Mr Page, Mr Piccoli, Mr Pringle, Mr Richardson, Mr Roberts, Ms Seaton, Mrs Skinner, Mr Slack-Smith, Mr Souris, Mr Stoner, Mr Tink, Mr Torbay, Mr J.H. Turner and Mr R.W. Turner.

Tellers: Mr George and Mr Maguire.

Pairs: Mr Price—Mr Armstrong and Mr Yeadon—Mr Constance.

Question passed.

15  MOTION FOR URGENT CONSIDERATION—WORKING CONDITIONS

Mr McLeay moved, pursuant to notice, That this House:

(1)  Supports the right of New South Wales families to have fair and decent working conditions; and

(2)  Calls on the Prime Minister to abandon his changes to the industrial relations system which will strip away basic safeguards for New South Wales workers.

Upon which Mr Hartcher moved, That the motion be amended by leaving out paragraph 2 with a view to inserting instead:

2 (a) Condemns the Government’s poor record of industrial relations which has led to a massive blowout in the State budget by the failure to contain public sector wage costs.

(b) Endorses former Labor Premier Bob Carr and present Labor leader Steve Bracks’ support for a national industrial relations system.

(c) Endorses former Labor leader Mark Latham and present Labor leader Kim Beazley’s support for a national industrial relations system.

(d) Congratulates the federal Government for its economic achievements through its industrial relations system.

Question proposed—That the words proposed to be left out stand.

Debate ensued.

Ms D’Amore speaking—

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SUSPENSION OF STANDING ORDERS—RESTORATION OF SPEAKING TIME

Mr Orkopoulos moved, That standing and sessional orders be suspended to restore the speaking time remaining for the Member for Drummoyne to 3 minutes and 50 seconds.

Debate ensued.

Question put.

The House divided.

AYES 46

Ms Allan, Mr Amery, Ms Andrews, Mr Barr, Mr Bartlett, Ms Beamer, Mr Black, Mr Brown, Ms Burney, Miss Burton, Mr Collier, Mr Corrigan, Mr Crittenden, Ms D'Amore, Mr Debus, Ms Gadiel, Mr Gaudry, Mr Gibson, Mr Greene, Ms Hay, Mr Hickey, Mr Hunter, Ms Keneally, Mr Lynch, Mr McBride, Mr McLeay, Ms Meagher, Mr Mills, Ms Moore, Mr Morris, Mr Newell, Ms Nori, Mr Orkopoulos, Mrs Paluzzano, Mr Pearce, Mrs Perry, Ms Saliba, Mr Sartor, Mr Shearan, Mr Stewart, Mr Tripodi, Mr Watkins, Mr West and Mr Whan.

Tellers: Mr Ashton and Mr Martin.

NOES 31

Mr Aplin, Ms Berejiklian, Mr Cansdell, Mr Draper, Mrs Fardell, Mr Fraser, Mrs Hancock, Mr Hartcher, Ms Hodgkinson, Mrs Hopwood, Mr Humpherson, Mr Kerr, Mr Merton, Mr Oakeshott, Mr O'Farrell, Mr Page, Mr Piccoli, Mr Pringle, Mr Richardson, Mr Roberts, Ms Seaton, Mrs Skinner, Mr Slack-Smith, Mr Souris, Mr Stoner, Mr Tink, Mr Torbay, Mr J.H. Turner and Mr R.W. Turner.

Tellers: Mr George and Mr Maguire.

Pairs: Mr Price—Mr Armstrong and Mr Yeadon—Mr Constance.

Question passed.

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Debate resumed.

Question—That the words proposed to be left out stand—put.

The House divided.

AYES 47

Ms Allan, Mr Amery, Ms Andrews, Mr Barr, Mr Bartlett, Ms Beamer, Mr Black, Mr Brown, Ms Burney, Miss Burton, Mr Collier, Mr Corrigan, Mr Crittenden, Ms D'Amore, Mr Draper, Ms Gadiel, Mr Gaudry, Mr Gibson, Mr Greene, Ms Hay, Mr Hickey, Mr Hunter, Ms Judge, Ms Keneally, Mr Lynch, Mr McBride, Mr McLeay, Ms Meagher, Mr Mills, Ms Moore, Mr Morris, Mr Newell, Ms Nori, Mr Orkopoulos, Mrs Paluzzano, Mr Pearce, Mrs Perry, Ms Saliba, Mr Shearan, Mr Stewart, Mr Torbay, Mr Tripodi, Mr Watkins, Mr West and Mr Whan.