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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 2 September 2010
1
VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 2 September 2010
2247
PARLIAMENT OF NEW SOUTH WALES
LEGISLATIVE ASSEMBLY
2007-08-09-10
FIRST SESSION OF THE FIFTY-FOURTH PARLIAMENT
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VOTES
AND
PROCEEDINGS
No. 206
THURSDAY 2 SEPTEMBER 2010
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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 ADOPTION AMENDMENT (SAME SEX COUPLES) BILL (NO. 2)
The order of the day was read, by concurrence, for the resumption of the adjourned debate, on the motion of Ms Moore, That this bill be now agreed to in principle.
Question again proposed and debate resumed.
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The Assistant Speaker (Mr McBride) made a statement concerning the motion agreed to on 1 September 2010 for the suspension of standing orders in relation to proceedings on the Adoption Amendment (Same Sex Couples) Bill (No. 2).
The Assistant Speaker then obtained the consent of the House for proceedings on the Bill to take precedence of all business this day prior to 2.15 pm and general business orders of the day (for bills).
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Debate continued.
Question put.
The House divided.
AYES 46
Mr Ashton, Mr Ayres, Ms Beamer, Ms Berejiklian, Mr Besseling, Mr Borger, Mr Brown, Ms Burney, Mr Campbell, Mr Coombs, Mr Corrigan, Mr Daley, Mr Debnam, Mr Dominello, Mrs Fardell, Ms Firth, Mr Furolo, Ms Gadiel, Ms Goward, Mrs Hancock, Mr Hazzard, Mr Hickey, Mrs Hopwood, Ms Hornery, Ms Keneally, Mr Koperberg, Mr Lynch, Dr McDonald, Ms McKay, Mr McLeay, Ms Megarrity, Ms Moore, Mr Morris, Mr O’Farrell, Mr Pearce, Mr Piccoli, Mr Piper, Mr Rees, Mr Sartor, Mrs Skinner, Ms Tebbutt, Mr Terenzini, Mr R.W. Turner and Mr Whan.
Tellers: Mr Maguire and Mr Martin.
NOES 44
Ms Andrews, Mr Aplin, Mr Baird, Mr Baumann, Ms Burton, Mr Cansdell, Mr Collier, Mr Constance, Mr Costa, Ms D’Amore, Mr Draper, Mr Fraser, Mr Gibson, Mr Harris, Mr Hartcher, Ms Hay, Ms Hodgkinson, Mr Humphries, Ms Judge, Mr Kerr, Mr Khoshaba, Mr Lalich, Mr McBride, Ms McMahon, Mr Merton, Mr O’Dea, Mr Page, Mrs Perry, Mr Provest, Mr Richardson, Mr Roberts, Mr Shearan, Mr Smith, Mr Souris, Mr Stewart, Mr Stokes, Mr Stoner, Mr Tripodi, Mr J.H. Turner, Mr West, Mr J.D. Williams and Mr R.C. Williams.
Tellers: Mr Amery and Mr George. In the Chair: Mr Torbay.
Question passed.
Bill agreed to in principle.
Ordered, That the consideration in detail of the bill stand an order of the day for a later time.
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It being after 11.45 am, general business notices of motions (general notices) proceeded with.
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4 WALLSEND WINTER CARNIVAL—POSTPONEMENT
General business notice of motion (general notice) no. 945 (Wallsend Winter Carnival), called on and postponed by Ms Hornery.
5 COOTAMUNDRA DENTAL CLINIC
Ms Hodgkinson moved, pursuant to notice, That this House:
(1) Notes that the existing dental clinic in Cootamundra caters only to children while adults have to travel long distances for public dental treatment.
(2) Notes the significant need to expand the dental clinic in Cootamundra to cater for adults.
(3) Expresses its concern at the refusal of the Government to recognise the difficulties posed by the need for patients to travel long distances to obtain treatment.
(4) Calls on the Government to provide equal access to medical services in regional areas as is enjoyed by metropolitan residents.
Debate ensued.
Question put.
The House divided.
AYES 41
Mr Aplin, Mr Ayres, 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, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, Mr Humphries, Mr Kerr, Mr Merton, Ms Moore, Mr O’Dea, 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 47
Mr Amery, Ms Andrews, 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 Harris, Ms Hay, Mr Hickey, Ms Hornery, Ms Judge, Mr Khoshaba, Mr Koperberg, Mr Lalich, Mr Lynch, Mr McBride, Dr McDonald, Ms McKay, Mr McLeay, Ms McMahon, Ms Megarrity, Mr Morris, Mr Pearce, Mrs Perry, Mr Rees, 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.
Pair: Mr O’Farrell—Mr Greene.
Question negatived.
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The Speaker left the Chair at 1.27 pm.
The Speaker resumed the Chair at 2.15 pm.
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6 MESSAGE FROM THE LIEUTENANT-GOVERNOR—VACANCIES IN THE LEGISLATIVE COUNCIL
The Speaker reported the following message from His Excellency the Lieutenant-Governor:
J.J. SPIGELMAN Office of the Governor
Lieutenant-Governor Sydney, 1 September 2010
I, the Honourable James Jacob Spigelman AC, in pursuance of the power and authority vested in me as Lieutenant-Governor of the State of New South Wales, do hereby convene a joint sitting of the Members of the Legislative Council and the Legislative Assembly for the purpose of the election of persons to fill the seats in the Legislative Council vacated by the Honourable John Della Bosca, the late Honourable Roy Smith and Ms Lee Rhiannon, and I do hereby announce and declare that such Members shall assemble for such purpose on Tuesday the seventh day of September 2010 at 5.15 pm in the building known as the Legislative Council Chamber situated in Macquarie Street in the City of Sydney; and the Members of the Legislative Council and the Members of the Legislative Assembly are hereby required to give their attendance at the said time and place accordingly.
In order that the Members of both Houses of Parliament may be duly informed of the convening of the joint sitting, I have this day addressed a like message to the President of the Legislative Council.
Ordered by the Speaker, That the joint sitting be set down as an order of the day for 5.15 pm on Tuesday 7 September 2010 as appointed in His Excellency’s message.
7 MINISTERIAL ARRANGEMENT
Ms Keneally informed the House that:
(1) The Minister for Tourism, Minister for the Hunter, Minister for Science and Medical Research, and Minister for Women would answer questions today in the absence of the Minister for Gaming and Racing, and Minister for Sport and Recreation.
(2) Questions in relation to the portfolios of Mineral and Forest Resources, Ports and Waterways, and the Illawarra should be addressed to the Premier.
8 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
Mr Brown—Crime and Policing.
Mr O’Farrell—Government Performance.
(1) Mr Costa tabled:
Report and Determination of the Independent Pricing and Regulatory Tribunal entitled “Review of prices for Country Energy’s water and sewerage services from 1 July 2010 to 30 June 2013”, dated June 2010.
Report and Determination of the Independent Pricing and Regulatory Tribunal entitled “Review of bulk water charges for State Water Corporation from 1 July 2010 to 30 June 2014”, dated June 2010.
(2) Mr Daley, on behalf of Ms Keneally, tabled the report of the New South Wales Electoral Commission entitled “Report on the Feasibility of providing “iVote” Remote Electronic Voting System”, dated 23 July 2010.
11 STANDING COMMITTEE ON BROADBAND IN RURAL AND REGIONAL COMMUNITIES
Ms Hornery, Chair, tabled the report of the Standing Committee on Broadband in Rural and Regional Communities entitled “Are you connected? Inquiry into the telecommunications availability in rural and regional communities”, Report No. 4/54, dated September 2010.
Ordered to be printed.
12 PETITIONS
(1) The Clerk announced that the following members had each lodged petitions for presentation:
Ms Moore—from certain citizens requesting improved services for the 389 bus route.
Ms Moore—from certain citizens requesting the construction of a light rail service to sporting stadia and the former showgrounds near Moore Park and beyond.
Mrs Skinner—from certain citizens opposing the revised Mosman/Neutral Bay ferry services timetable.
Ms Moore—from certain citizens opposing the sale of animals in pet shops.
Ms Moore—from certain citizens requesting an increased and subsequently maintained level of funding for mental health services.
Ms Moore—from certain citizens opposing any transfer of land from the Centennial Park and Moore Park Trust to the Sydney Cricket and Sports Ground Trust and requesting increased funding to the Trust and proper public consultation on any future proposals that affect public access to the parklands.
Ms Moore—from certain citizens requesting that no inner city public housing stock be sold and that funding be increased for housing maintenance.
(2) The Clerk also announced that the following member had lodged a petition for presentation signed by 500 or more persons:
Mr O’Farrell—form certain citizens requesting the removal of the dividing fence on Tongarra Road, Albion Park.
13 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
(1) Mr Brown 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) Notes last week the Premier promised a new approach to governing which does not involve focus groups or polls.
(2) Notes that the Premier’s first major reform has been to appoint Sam Dastyari, protégé of Mark Arbib and Karl Bitar, and the individual in charge of Labor’s fundraising, focus groups, polling and preselection to her Cabinet.
(3) Calls on the Premier to listen to the message from the Federal Election that the people are sick of faceless, back-office operators running Labor governments through puppet leaders.
Question—That the motion of the member for Kiama be accorded priority—put.
Question put.
The House divided.
AYES 47
Mr Amery, Ms Andrews, 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 Harris, Ms Hay, Mr Hickey, Ms Hornery, Ms Judge, Mr Khoshaba, Mr Koperberg, Mr Lalich, Mr Lynch, Mr McBride, Dr McDonald, Ms McKay, Mr McLeay, Ms McMahon, Ms Megarrity, Mr Morris, Mr Pearce, Mrs Perry, Mr Rees, Mr Sartor, Mr Shearan, Mr Stewart, Ms Tebbutt, Mr Terenzini, Mr Tripodi, Mr West and Mr Whan.
Tellers: Mr Ashton and Mr Martin.
NOES 40
Mr Aplin, Mr Ayres, Mr Baird, Mr Baumann, Ms Berejiklian, Mr Besseling, Mr Cansdell, Mr Constance, Mr Dominello, Mr Draper, Mrs Fardell, Mr Fraser, Ms Goward, Mrs Hancock, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, 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 R.W. Turner, Mr J.D. Williams and Mr R.C. Williams.
Tellers: Mr George and Mr Maguire. In the Chair: Mr Torbay.
Pairs: Mr Greene—Mr J.H. Turner.
Question passed.
14 MOTION ACCORDED PRIORITY—CRIME AND POLICING
Mr Brown moved, pursuant to notice, That this House congratulates the Government for providing record funding and resources to help the NSW Police Force drive down crime.
Upon which Mrs Hancock moved, That the motion be amended by leaving out all words after “That” with a view to inserting instead:
“this House calls on the Government to appropriately resource the NSW Police Force, audit police resources throughout New South Wales, and ensure that rural and regional local area commands are fairly resourced.”
Question proposed—That the words proposed to be left out stand.
Debate continued.
Question put.
The House divided.
AYES 46
Mr Amery, Ms Andrews, 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 Harris, Ms Hay, Mr Hickey, Ms Hornery, Ms Judge, Mr Khoshaba, Mr Koperberg, Mr Lalich, Mr Lynch, Mr McBride, Dr McDonald, Ms McKay, Ms McMahon, Ms Megarrity, Mr Morris, Mr Pearce, Mrs Perry, Mr Rees, Mr Sartor, Mr Shearan, Mr Stewart, Ms Tebbutt, Mr Terenzini, Mr Tripodi, Mr West and Mr Whan.
Tellers: Mr Ashton and Mr Martin.
NOES 41
Mr Aplin, Mr Ayres, 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, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, 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 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 Greene—Mr Stoner.
Question passed.
Question—That the original motion be agreed to—put.
The House divided.
AYES 46
Mr Amery, Ms Andrews, 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 Harris, Ms Hay, Mr Hickey, Ms Hornery, Ms Judge, Mr Khoshaba, Mr Koperberg, Mr Lalich, Mr Lynch, Mr McBride, Dr McDonald, Ms McKay, Ms McMahon, Ms Megarrity, Mr Morris, Mr Pearce, Mrs Perry, Mr Rees, Mr Sartor, Mr Shearan, Mr Stewart, Ms Tebbutt, Mr Terenzini, Mr Tripodi, Mr West and Mr Whan.
Tellers: Mr Ashton and Mr Martin.
NOES 41
Mr Aplin, Mr Ayres, 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, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, 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 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.
Pairs: Mr Greene—Mr Stoner.
Question passed.
15 ADOPTION AMENDMENT (SAME SEX COUPLES) BILL (NO. 2)
The order of the day was read.
Mr Sartor having requested the bill be considered in detail—
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The Deputy Speaker, by leave, proposed the bill in groups of clauses and schedules.
Clauses 1 and 2
Question—That the clauses be agreed to—put and passed.
Schedule 1
Question—That the schedule be agreed to—put and passed.
Schedule 2
Question proposed—That the schedule be agreed to.
Mr Sartor moved:
Page 5, Schedule 2.1 (proposed amendment of Anti-Discrimination Act 1977), lines 3-11. Omit all words on those lines. Insert instead:
Section 59A
Insert after section 59:
59A Adoption services
(1) Nothing in this Act affects any policy or practice of an organisation or person providing adoption services under the Adoption Act 2000 or anything done to give effect to any such policy or practice.
Note. Section 8 (1) (a) of the Adoption Act 2000 requires decision makers to follow the principle that, in making a decision about the adoption of a child, the best interests of the child, both in childhood and in later life, must be the paramount consideration.
(2) Subsection (1) does not apply to discrimination against any child who is or may be adopted.
Question proposed—That the amendment be agreed to.
Debate ensued.
Question put and passed—amendment agreed to.
Question—That the schedule, as amended, be agreed to—put and passed.
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Ms Moore moved, That this bill be now passed.
Question put.
The House divided.
AYES 45
Mr Ashton, Mr Ayres, Ms Beamer, Ms Berejiklian, Mr Besseling, Mr Borger, Ms Burney, Mr Campbell, Mr Coombs, Mr Corrigan, Mr Daley, Mr Debnam, Mr Dominello, Mrs Fardell, Ms Firth, Mr Furolo, Ms Gadiel, Ms Goward, Mrs Hancock, Mr Hazzard, Mr Hickey, Mrs Hopwood, Ms Hornery, Ms Keneally, Mr Koperberg, Mr Lynch, Dr McDonald, Ms McKay, Mr McLeay, Ms Megarrity, Ms Moore, Mr Morris, Mr O’Farrell, Mr Pearce, Mr Piccoli, Mr Piper, Mr Rees, Mr Sartor, Mrs Skinner, Ms Tebbutt, Mr Terenzini, Mr R.W. Turner and Mr Whan.
Tellers: Mr Maguire and Mr Martin.
NOES 43
Ms Andrews, Mr Aplin, Mr Baird, Mr Baumann, Ms Burton, Mr Cansdell, Mr Collier, Mr Constance, Mr Costa, Ms D’Amore, Mr Fraser, Mr Gibson, Mr Harris, Mr Hartcher, Ms Hay, Ms Hodgkinson, Mr Humphries, Ms Judge, Mr Kerr, Mr Khoshaba, Mr Lalich, Mr McBride, Ms McMahon, Mr Merton, Mr O’Dea, Mr Page, Mrs Perry, Mr Provest, Mr Richardson, Mr Roberts, Mr Shearan, Mr Smith, Mr Souris, Mr Stewart, Mr Stokes, Mr Stoner, Mr Tripodi, Mr J.H. Turner, Mr West, Mr J.D. Williams and Mr R.C. Williams.
Tellers: Mr Amery and Mr George. In the Chair: Mr Torbay.
Question passed.
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It being before 4.30 pm, by consent, general business orders of the day (for bills) proceeded with.
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16 CHARTER OF BUDGET HONESTY AMENDMENT (INDEPENDENT ELECTION COSTINGS) BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Baird, That this bill be now agreed to in principle.
Question again proposed and debate resumed.
Dr McDonald 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.
17 OMBUDSMAN AMENDMENT (REMOVAL OF LEGAL PROFESSIONAL PRIVILEGE) BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Besseling, 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 Acting Speaker (Ms Beamer) declared the bill to have passed the House.
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It being before 5.30 pm, private members’ statements proceeded with.
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18 PRIVATE MEMBERS’ STATEMENTS
The House adjourned, pursuant to standing and sessional orders, at 5.53 pm, until Tuesday 7 September 2010, at 1.00 pm.
Attendance: All members present except Mr Aquilina and Mr Greene.
RUSSELL D. GROVE PSM RICHARD TORBAY
Clerk of the Legislative Assembly Speaker
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Authorised by the Parliament of New South Wales