Votes and Proceedings No. 106, Wednesday 4 March 2009

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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Wednesday 4 March 2009




1
VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Wednesday 4 March 2009



1171






PARLIAMENT OF NEW SOUTH WALES
LEGISLATIVE ASSEMBLY

2007-08-09

FIRST SESSION OF THE FIFTY-FOURTH PARLIAMENT

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VOTES
AND
PROCEEDINGS

No. 106

WEDNESDAY 4 MARCH 2009


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    1. MEETING OF THE HOUSE
The House met at 10.00 am pursuant to adjournment.

The Speaker took the Chair and read the prayer and the acknowledgement of country.
    2. NOTICES OF MOTIONS (GENERAL NOTICES)
    3. MOTION OF CONDOLENCE—VICTORIAN BUSHFIRE VICTIMS
The order of the day was read for the resumption of the interrupted debate, on the motion of Mr Rees:

(1) That this House –

(a) Places on record and expresses its deepest condolences to the families and friends of those who lost their lives in the bushfires which recently devastated the State of Victoria.

(b) Offers its sympathy to those who have been affected by the fires whether through injury or the loss of their property and personal effects.

(c) Acknowledges the ongoing contribution of the fire fighters and those engaged in the recovery effort, including those who have travelled from New South Wales to assist in these efforts.

(2) That this resolution be communicated by the Speaker of the House to the Speaker of the Parliament of Victoria.

Question again proposed and debate resumed.

Ms Hornery moved, by leave, That this debate be now adjourned.

Question put and passed.

Ordered, That the resumption of the debate stand an order of the day for a later hour.
    4. CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) AMENDMENT (CHILDREN’S EMPLOYMENT) BILL
Ms Burney moved, pursuant to notice, That a bill be now introduced for an Act to amend the Children and Young Persons (Care and Protection) Act 1998 and related legislation with respect to the employment of children.

Question put and passed.

Bill introduced.

Ms Burney moved, That this bill be now agreed to in principle.

Debate adjourned (Mr Smith) and the resumption of the debate made an order of the day for a future day.
    5. ASSOCIATIONS INCORPORATION BILL
Ms Judge moved, pursuant to notice, That a bill be now introduced for an Act to provide for the registration of clubs, societies and other non-profit associations; to provide for the regulation of those associations after registration; and for other purposes.

Question put and passed.

Bill introduced.

Ms Judge moved, That this bill be now agreed to in principle.


Debate adjourned (Mr Smith) and the resumption of the debate made an order of the day for a future day.
    6. TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) (NEW SOUTH WALES) AMENDMENT BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Campbell, That this bill be now agreed to in principle.

Question again proposed and debate resumed.

Question put and passed.

Bill agreed to in principle.

The Assistant Speaker (Mr McBride) declared the bill to have passed the House.
    7. LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) AMENDMENT (SEARCH POWERS) BILL
Mr Collier, on behalf of Mr Campbell, moved, pursuant to notice, That a bill be now introduced for an Act to amend the Law Enforcement (Powers and Responsibilities) Act 2002 with respect to search powers; and for other purposes.

Question put and passed.

Bill introduced.

Mr Collier moved, That this bill be now agreed to in principle.

Debate adjourned (Mr Maguire) and the resumption of the debate made an order of the day for a future day.
    8. MOTION OF CONDOLENCE—VICTORIAN BUSHFIRE VICTIMS
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Rees:

(1) That this House –

(a) Places on record and expresses its deepest condolences to the families and friends of those who lost their lives in the bushfires which recently devastated the State of Victoria.

(b) Offers its sympathy to those who have been affected by the fires whether through injury or the loss of their property and personal effects.

(c) Acknowledges the ongoing contribution of the fire fighters and those engaged in the recovery effort, including those who have travelled from New South Wales to assist in these efforts.

(2) That this resolution be communicated by the Speaker of the House to the Speaker of the Parliament of Victoria.

Question again proposed and debate resumed.
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It being after 1.30 pm, debate interrupted.
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Ordered, That the resumption of the debate stand an order of the day for a later time.
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The Acting Speaker (Mr George) left the Chair at 1.34 pm.

The Speaker resumed the Chair at 2.15 pm.
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    9. MINISTERIAL STATEMENT—PAKISTAN TERRORIST ATTACK
Mr Rees made a statement in relation to the terrorist attack on the Sri Lankan cricket team in Lahore, Pakistan.

Mr O’Farrell also addressed the House.
    10. NOTICE OF MOTION
    11. NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
Mr Terenzini—Federal Stimulus Package.
Mr O’Farrell—Job Protection.
    12. QUESTION TIME
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Disorder: By direction of the Speaker, the member for Wakehurst (Mr Hazzard) was removed from the Chamber by the Deputy Serjeant-at-Arms.
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    13. PAPER
Ms Judge tabled the report of the Consumer, Trader and Tenancy Tribunal for the year ended 30 June 2008.
    14. PETITIONS
The Clerk announced that the following members had each lodged petitions for presentation:

Ms Moore—from certain citizens requesting a container deposit levy be introduced in New South Wales.

Ms Moore—from certain citizens opposing proposals to construct tourism developments in national parks.

Mrs Hancock—from certain citizens requesting funding for breast screening to allow free access for women aged 40 to 79 years. Mrs Hancock—from certain citizens requesting funding for breast screening to allow free access for women aged 40 to 79 years.

Mr George—from certain citizens requesting that services be increased at Murwillumbah District Hospital.

Mr Maguire—from certain citizens requesting the establishment of a satellite renal dialysis service in Tumut.

Ms Berejiklian—from certain citizens opposing the proposed relocation of Schofields Railway Station.

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

Ms Hodgkinson—from certain citizens opposing the closure of certain rural rail branch lines.

Ms Hodgkinson—from certain citizens opposing any changes to the School Student Transport Scheme.

Ms Moore—from certain citizens requesting improved services for the 311 bus route.

Ms Hodgkinson—from certain citizens opposing the selling of farmland at Hurlstone Agricultural High School.

Ms Hodgkinson—from certain citizens opposing the closure of the Gaden Trout Hatchery.

Ms Moore—from certain citizens opposing bird caging and the trading of Australian native birds.

Ms Moore—from certain citizens opposing the sale of animals in pet shops.

Ms Moore—from certain citizens requesting the total ban of sow stalls.

Mr Page—from certain citizens opposing Country Energy’s proposal for overhead transmission lines in parts of the Byron Bay Shire.

Mr Page—from certain citizens opposing the closure of the Centre for Tropical Horticulture at Alstonville.

Mrs Hancock—from certain citizens requesting funding for the establishment of a new police station in the Central Shoalhaven area.

Mrs Hancock—from certain citizens requesting increased police numbers in the Culburra area.

Mr Maguire—from certain citizens requesting the retention of the Police Communications Centre in Wagga Wagga.

Mrs Hancock—from certain citizens requesting a dedicated mental health hospital in the Shoalhaven.

Ms Berejiklian—from certain citizens opposing the construction of an additional bridge over Iron Cove.

Ms Hodgkinson—from certain citizens requesting the introduction of a 40km/h speed zone at all preschools in New South Wales.
    15. RE-ORDERING OF GENERAL BUSINESS
Mr O’Farrell moved, That the general business notice of motion (general notice) given by him this day (Payroll Tax Cut) have precedence on Thursday 5 March 2009.

Debate ensued.

Question put.

The House divided.

AYES 39

Mr Aplin, Mr Baird, Mr Baumann, Ms Berejiklian, Mr Besseling, Mr Cansdell, Mr Constance, Mr Debnam, Mr Dominello, Mr Draper, Mrs Fardell, Mr Fraser, Ms Goward, Mrs Hancock, Mr Hartcher, Ms Hodgkinson, Mr Humphries, Mr Kerr, Mr Merton, Ms Moore, Mr O’Dea, Mr O’Farrell, Mr Page, Mr Piccoli, Mr Piper, Mr Provest, Mr Richardson, Mr Roberts, Mrs Skinner, Mr Smith, Mr Souris, Mr Stokes, Mr Stoner, Mr J.H. Turner, Mr R.W. Turner, Mr J.D. Williams and Mr R.C. Williams.

Tellers: Mr George and Mr Maguire.

NOES 49

Mr Amery, Ms Andrews, Mr Aquilina, Ms Beamer, Mr Borger, Mr Brown, Ms Burney, Ms Burton, Mr Campbell, Mr Collier, Mr Coombs, Mr Corrigan, Mr Costa, Ms D’Amore, Mr Daley, Ms Firth, Mr Furolo, Ms Gadiel, Mr Gibson, Mr Greene, Mr Harris, Ms Hay, Mr Hickey, Ms Hornery, Ms Judge, Ms Keneally, Mr Khoshaba, Mr Koperberg, Mr Lalich, Mr Lynch, Mr McBride, Dr McDonald, Ms McKay, Ms McMahon, Ms Megarrity, Mr Morris, Mrs Paluzzano, Mr Pearce, Mrs Perry, Mr Sartor, Mr Shearan, Mr Stewart, Ms Tebbutt, Mr Terenzini, Mr Tripodi, Mr West and Mr Whan.

Tellers: Mr Ashton and Mr Martin. In the Chair: Mr Torbay.

Pairs: Mrs Hopwood—Mr McLeay.

Question negatived.
    16. NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
(1) Mr Terenzini made a statement in support of his notice being accorded priority over the other business of the House.

(2) Mr O’Farrell also made a statement in support of his notice being accorded priority—

That this House:

(1) Condemns the Premier for failing to develop and implement a plan to protect New South Wales jobs from the global financial crisis.

(2) Calls on the Government to adopt the New South Wales Liberal/Nationals’ plan to protect New South Wales jobs including:

(a) Introducing a one off 15 per cent reduction in payroll tax for the 2009 calendar year;
(b) Cutting in half the lead time for the delivery of all capital works and infrastructure projects, not just federally funded projects;
(c) Ensuring small business accounts are paid by the Government within 30 days with penalty interest imposed if the deadline is not met; and
(d) The creation of industry action plans for high performance and potential high performance sectors.

Question—That the motion of the member for Maitland be accorded priority—put.

The House divided.

AYES 49

Mr Amery, Ms Andrews, Mr Aquilina, Ms Beamer, Mr Borger, Mr Brown, Ms Burney, Ms Burton, Mr Campbell, Mr Collier, Mr Coombs, Mr Corrigan, Mr Costa, Ms D’Amore, Mr Daley, Ms Firth, Mr Furolo, Ms Gadiel, Mr Gibson, Mr Greene, Mr Harris, Ms Hay, Mr Hickey, Ms Hornery, Ms Judge, Ms Keneally, Mr Khoshaba, Mr Koperberg, Mr Lalich, Mr Lynch, Dr McDonald, Ms McKay, Ms McMahon, Ms Megarrity, Ms Moore, Mr Morris, Mrs Paluzzano, Mr Pearce, Mrs Perry, Mr Sartor, Mr Shearan, Mr Stewart, Ms Tebbutt, Mr Terenzini, Mr Tripodi, Mr West and Mr Whan.

Tellers: Mr Ashton and Mr Martin.

NOES 38

Mr Aplin, Mr Baird, Mr Baumann, Ms Berejiklian, Mr Besseling, Mr Cansdell, Mr Constance, Mr Debnam, Mr Dominello, Mr Draper, Mrs Fardell, Mr Fraser, Ms Goward, Mrs Hancock, Mr Hartcher, Ms Hodgkinson, Mrs Hopwood, Mr Humphries, Mr Kerr, Mr Merton, Mr O’Dea, Mr O’Farrell, Mr Page, Mr Piccoli, Mr Piper, Mr Provest, Mr Richardson, Mr Roberts, Mr Smith, Mr Souris, Mr Stokes, Mr Stoner, Mr J.H. Turner, Mr R.W. Turner, Mr J.D. Williams and Mr R.C. Williams.

Tellers: Mr George and Mr Maguire. In the Chair: Mr Torbay.

Pair: Mr McLeay—Mrs Skinner.

Question passed.
    17. MOTION ACCORDED PRIORITY—FEDERAL STIMULUS PACKAGE
Mr Terenzini moved, pursuant to notice, That this House:

(1) Welcomes the Federal Government’s $42 billion stimulus package.

(2) Congratulates the Government on its commitment to work in partnership with the Commonwealth to deliver the package.

(3) Calls on the Opposition to declare its support for the stimulus package, which is critical to working families in New South Wales.

Debate ensued.

Question put.

The House divided.

AYES 52

Mr Amery, Ms Andrews, Mr Aquilina, Ms Beamer, Mr Besseling, Mr Borger, Mr Brown, Ms Burney, Ms Burton, Mr Campbell, Mr Collier, Mr Coombs, Mr Corrigan, Mr Costa, Ms D’Amore, Mr Daley, Mrs Fardell, Ms Firth, Ms Gadiel, Mr Gibson, Mr Greene, Mr Harris, Ms Hay, Mr Hickey, Ms Hornery, Ms Judge, Ms Keneally, Mr Khoshaba, Mr Koperberg, Mr Lalich, Mr Lynch, Mr McBride, Dr McDonald, Ms McKay, Ms McMahon, Ms Megarrity, Ms Moore, Mr Morris, Mrs Paluzzano, Mr Pearce, Mrs Perry, Mr Piper, Mr Sartor, Mr Shearan, Mr Stewart, Ms Tebbutt, Mr Terenzini, Mr Tripodi, Mr West and Mr Whan.

Tellers: Mr Ashton and Mr Martin.

NOES 35

Mr Aplin, Mr Baird, Mr Baumann, Ms Berejiklian, Mr Cansdell, Mr Constance, Mr Debnam, Mr Dominello, Mr Draper, Mr Fraser, Ms Goward, Mrs Hancock, Mr Hartcher, Ms Hodgkinson, Mrs Hopwood, Mr Humphries, Mr Kerr, Mr Merton, Mr O’Dea, Mr Page, Mr Piccoli, Mr Provest, Mr Richardson, Mr Roberts, Mrs Skinner, Mr Smith, Mr Souris, Mr Stokes, Mr Stoner, Mr J.H. Turner, Mr R.W. Turner, Mr J.D. Williams and Mr R.C. Williams.

Tellers: Mr George and Mr Maguire. In the Chair: Mr Torbay.

Pair: Mr McLeay—Mr O’Farrell.

Question passed.
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It being 4.30 pm, government business proceeded with.
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    18. NATION BUILDING AND JOBS PLAN (STATE INFRASTRUCTURE DELIVERY) BILL
Ms Keneally, on behalf of Mr Rees, moved, pursuant to notice, That a bill be now introduced for an Act to enable New South Wales to deliver the infrastructure projects funded under the Nation Building and Jobs Plan of the Commonwealth in accordance with its obligations under the February 2009 COAG partnership agreement.

Question put and passed.

Bill introduced.

Ms Keneally moved, That this bill be now agreed to in principle.

Debate adjourned (Mr Maguire) and the resumption of the debate made an order of the day for a future day.
    19. BARANGAROO DELIVERY AUTHORITY BILL
Ms Keneally moved, pursuant to notice, That a bill be now introduced for an Act to constitute the Barangaroo Delivery Authority; to specify its functions; and to provide for other matters related to the development, use and management of Barangaroo.

Question put and passed.

Bill introduced.

Ms Keneally moved, That this bill be now agreed to in principle.

Debate adjourned (Mr Dominello) and the resumption of the debate made an order of the day for a future day.
    20. CRIMES (APPEAL AND REVIEW) AMENDMENT BILL
Mr Collier, on behalf of Mr Campbell, moved, pursuant to notice, That a bill be now introduced for an Act to amend the Crimes (Appeal and Review) Act 2001 to make further provision with respect to appeals and applications for annulments; and for other purposes.

Question put and passed.

Bill introduced.

Mr Collier moved, That this bill be now agreed to in principle.

Debate adjourned (Mr Dominello) and the resumption of the debate made an order of the day for a future day.
    21. MOTION OF CONDOLENCE—VICTORIAN BUSHFIRE VICTIMS
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Rees:

(1) That this House –

(a) Places on record and expresses its deepest condolences to the families and friends of those who lost their lives in the bushfires which recently devastated the State of Victoria.

(b) Offers its sympathy to those who have been affected by the fires whether through injury or the loss of their property and personal effects.

(c) Acknowledges the ongoing contribution of the fire fighters and those engaged in the recovery effort, including those who have travelled from New South Wales to assist in these efforts.

(2) That this resolution be communicated by the Speaker of the House to the Speaker of the Parliament of Victoria.

Question again proposed and debate resumed.

Mr Souris moved, That this debate be now adjourned.

Question put and passed.

Ordered, That the resumption of the debate stand an order of the day for tomorrow.
    22. PLACING OR DISPOSAL OF BUSINESS—LAPSING OF GENERAL BUSINESS
The Assistant Speaker (Mr McBride) advised the House that in accordance with standing order 105 (3), general business notices of motions nos 1 and 2 not having commenced nor been completed, will lapse tomorrow.
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It being 5.45 pm, private members’ statements proceeded with.
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    23. PRIVATE MEMBERS’ STATEMENTS
Question proposed—That private members’ statements be noted.

Debate ensued.

Question put and passed.
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It being before 7.00 pm, matter of public importance proceeded with.
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    24. MATTER OF PUBLIC IMPORTANCE—JOBS IN NEW SOUTH WALES
The Speaker having previously informed the House of receipt from Mrs Paluzzano of a notice of a matter of public importance, namely:

Jobs in New South Wales.

Discussion ensued and concluded.
    25. ADJOURNMENT
The House adjourned, pursuant to sessional orders, at 7.10 pm, until tomorrow, at 10.00 am.

Attendance: All members present, except Mr McLeay.







RUSSELL D. GROVE PSM RICHARD TORBAY
Clerk of the Legislative Assembly Speaker

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Authorised by the Parliament of New South Wales