PARLIAMENT OF NEW SOUTH WALES
LEGISLATIVE ASSEMBLY
1993
THIRD SESSION OF THE FIFTIETH PARLIAMENT
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VOTES
AND
PROCEEDINGS
No. 22
WEDNESDAY 19 MAY 1993
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1 NOTICE OF MATTER FOR URGENT CONSIDERATION
Mr Martin___Conversion of Crown Leasehold Lands
2 MESSAGES FROM THE GOVERNOR
Mr Speaker reported messages from His Excellency the Governor assenting to the following bills:
18 May 1993
Entertainment Industry (Interim Council) Amendment Bill
Trustee (Amendment) Bill.
3 QUESTIONS
4 NOTICES OF MOTIONS
5 PAPERS
Mr Murray (by leave) laid upon the Table___
Traffic Act 1909___
(a) Regulation (Relating to penalty notices for unregistered and uninsured vehicle offences). (Gazette 43, 7 May 1993, page 2126.)
(b) Regulation (Relating to vehicle dimensions). (Gazette 43, 7 May 1993, page 2122.)
6 PETITIONS
The Clerk announced that the following members had each lodged petitions for presentation:
Mr Rumble___from certain citizens requesting the installation of emergency telephones along the F6 freeway from Yallah to Wollongong.
Mr Gaudry___from certain citizens opposing the non use of vacant heritage buildings at Honeysuckle Goodsyards.
Mr Gaudry___from certain citizens requesting that the railway line between Civic Station and Newcastle Station not be closed.
Mr Gaudry___from certain citizens opposing the privatisation of the Hunter Valley railway line and request the continuation of the rail line to Newcastle Station.
Mr Aquilina and Mr Whelan___from certain citizens supporting the public railway system.
Ms Allan___from certain citizens opposing any staff reductions at Toongabbie and other Western Sydney railway stations.
Mr Gibson___from certain citizens requesting legislation to ensure workers rights when companies go into liquidation.
Mr Windsor___from certain citizens requesting a referendum on the reintroduction of the option for capital punishment.
Mr Baird___from certain citizens praying for the full enforcement of the Disorderly Houses Act.
Mr Sullivan___from certain citizens opposing water charges for public tenants.
Mr Griffiths, Dr Refshauge, Mr Sullivan and Mr Turner___from certain citizens requesting action to combat the effects of Hepatitis C.
Mr Markham___from certain citizens requesting the present levels of service be maintained at Coledale, Bulli and Port Kembla hospitals.
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Mr Knowles___from certain citizens requesting a permanent police station at Ingleburn and upgrade of the existing police station at Macquarie Fields.
Mr Face___from certain citizens opposing any slot machines in the proposed Sydney casino.
Mr Gaudry___from certain citizens requesting more hospital beds in Newcastle.
Mr Price___from certain citizens objecting to Stockrington Rail Waste rubbish being dumped at Stockrington, Minmi, Seahampton and Butti.
Mr McBride___from certain citizens requesting the establishment of a commission of inquiry under the Environmental Protection Act to consider the environmental effects of a Multi Arts Centre at East Gosford.
Ms Allan___from certain citizens requesting the ban from sale of war toys.
7 QUESTIONS UPON NOTICE
___UNANSWERED
Mr Speaker drew the attention of the House to Questions upon Notice (Nos 508, 509, 518, 549, 552, 554 and 561) not answered within 15 sitting days and called on the responsible Ministers to explain their non-compliance with Sessional Orders.
8 LEGISLATION COMMITTEE ON THE WHISTLEBLOWERS PROTECTION BILL
Ordered, on motion of Mr West (by leave), That the reporting date for the Legislation Committee on the Whistleblowers Protection Bill be extended until 30 June 1993.
9 SELECT COMMITTEE UPON PORT MACQUARIE BASE HOSPITAL PROJECT
Ordered, on motion of Mr West (by leave), That the reporting date for the Select Committee upon the Port Macquarie Base Hospital Project be extended until 30 June 1993.
10 SELECT COMMITTEE UPON PUBLIC SECTOR SUPERANNUATION SCHEMES
Ordered, on motion of Mr West (by leave), That the reporting date for the Select Committee upon Public Sector Superannuation Schemes be extended until 7 September 1993.
11 MATTER FOR URGENT CONSIDERATION
___CONVERSION OF CROWN LEASEHOLD LANDS
Mr Martin moved, pursuant to notice, That this House, as a matter of urgency, directs the government to immediately reinstate the moratorium on further conversions of Crown Leasehold Lands where any agency has notified an interest in those lands until such time as the Parliament has had time to consider a bill in detail which provides permanent protection from sale of Crown Leasehold Lands with certain values.
Debate ensued.
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Question put.
The House divided.
Ayes 48
Ms Allan
Mr Amery
Mr Anderson
Mr Aquilina
Mr A. S. Aquilina
Mr Bowman
Mr Clough
Mr Crittenden
Mr Doyle
Mr Face
Mr Gaudry
Mr Gibson
Mrs Grusovin
Mr Harrison
Mr Hatton
Mr Hunter
Mr Iemma | Mr Irwin
Mr Knight
Mr Knowles
Mr Langton
Mrs Lo Po'
Mr McBride
Mr McManus
Dr Macdonald
Mr Markham
Mr Martin
Mr Mills
Ms Moore
Mr Moss
Mr J. H. Murray
Mr Nagle
Mr Neilly
Mr Newman | Ms Nori
Mr Page
Mr Price
Dr Refshauge
Mr Rogan
Mr Scully
Mr Shedden
Mr Sullivan
Mr Thompson
Mr Whelan
Mr Yeadon
Mr Ziolkowski
Tellers
Mr Beckroge
Mr Davoren |
Noes 45
Mr Armstrong
Mr Baird
Mr Blackmore
Mr Causley
Mr Chappell
Mrs Chikarovski
Mr Cochran
Mrs Cohen
Mr Collins
Mr Cruickshank
Mr Fahey
Mr Fraser
Mr Griffiths
Mr Hartcher
Mr Hazzard
Mr Humpherson | Mr Jeffery
Dr Kernohan
Mr Kerr
Mr Kinross
Mr Longley
Ms Machin
Mr Merton
Mr Morris
Mr Murray
Mr O'Doherty
Mr Packard
Mr D. L. Page
Mr Peacocke
Mr Petch
Mr Phillips
Mr Photios | Mr Rixon
Mr Schipp
Mr Schultz
Mr Small
Mr Smith
Mr Souris
Mr Tink
Mr Turner
Mr West
Mr Windsor
Mr Zammit
Tellers
Mr Beck
Mr Downy |
 | | |
Pairs
Mr Carr
Mr Rumble | Mr Glachan
Mr Smiles |
And so it was resolved in the affirmative.
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12 LOCAL GOVERNMENT BILL
IMPOUNDING BILL
LOCAL GOVERNMENT (CONSEQUENTIAL PROVISIONS) BILL
ROADS BILL
TRAFFIC (PARKING REGULATION) AMENDMENT BILL
Mr Speaker left the Chair and the House resolved itself into a Committee of the Whole for the consideration of the bills.
Mr Chappell, Acting Speaker, resumed the Chair, and the Chairman, reported progress and obtained leave to sit again at a later hour of the day.
13 ANTIOCHIAN ORTHODOX CHURCH PROPERTY TRUST BILL
Ordered, on motion of Mr Hartcher, pursuant to notice, That the Antiochian Orthodox Church Property Trust Bill forwarded to the Legislative Council during the previous Session of the present Parliament not having been finally dealt with because of the prorogation of the Legislature, the following message be sent to the Council:
Mr PRESIDENT___
A bill, intituled "An Act to constitute as a corporation the Antiochian Orthodox Church Property Trust, to specify the Trust's functions, and to provide for the vesting of certain property in the Trust", forwarded to the Legislative Council for concurrence during the previous Session of the present Parliament not having been finally dealt with because of prorogation of the Legislature, the Legislative Assembly requests that the said bill be proceeded with under the Council Standing Order in that behalf.
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It being 5.15 p.m. debate interrupted for private members' statements.
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14 PRIVATE MEMBERS' STATEMENTS
Question proposed___That private members' statements be noted.
Debate ensued.
Question put and passed.
15 STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL
STATUTE LAW (PENALTIES) BILL
The Order of the Day having been read for the resumption of the adjourned debate, on motion of Mr Fahey, That these bills be now read a second time___
And the question being again proposed___
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The House resumed the said adjourned debate.
Question put and passed.
Bills read a second time.
Leave granted for the third reading to be moved forthwith.
Bills, on motion of Mr West, on behalf of Mr Fahey, read a third time.
16 SUBORDINATE LEGISLATION (AMENDMENT) BILL
The Order of the Day having been read for the resumption of the adjourned debate, on motion of Mr Fahey, That this bill be now read a second time___
And the question being again proposed___
The House resumed the said adjourned debate.
Question put and passed.
Bill read a second time.
Mr Speaker left the Chair and the House resolved itself into a Committee of the Whole for the consideration of the bill.
Mr Speaker resumed the Chair and Mr Tink, Temporary Chairman, reported the bill with amendments.
On motion of Mr West, on behalf of Mr Fahey, the Report was adopted.
Ordered by Mr Speaker, That the third reading stand an Order of the Day for a later hour of the day.
17 STAMP DUTIES (AMENDMENT) BILL
The Order of the Day having been read for the resumption of the adjourned debate, on motion of Mr Souris, That this bill be now read a second time___
And the question being again proposed___
The House resumed the said adjourned debate.
Mr Whelan moved, That this debate be now adjourned.
Question put and passed.
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Ordered, That the resumption of the adjourned debate stand an Order of the Day for a later hour of the day.
18 LOCAL GOVERNMENT BILL
IMPOUNDING BILL
LOCAL GOVERNMENT (CONSEQUENTIAL PROVISIONS) BILL
ROADS BILL
TRAFFIC (PARKING REGULATION) AMENDMENT BILL
Mr Speaker left the Chair and the House resolved itself into a Committee of the Whole for the further consideration of the bills.
Mr Speaker resumed the Chair, and Mr Chappell, Temporary Chairman, reported progress and obtained leave to sit again at a later hour of the day.
19 HOMEBUSH BAY MINISTERIAL CORPORATION (DISSOLUTION) BILL
Mr Collins moved, pursuant to notice, That leave be given to bring in a bill for an Act to dissolve the Homebush Bay Ministerial Corporation; to transfer assets, rights and liabilities of that corporation to the Homebush Bay Development Corporation; to repeal the Homebush Abattoir Corporation (Dissolution and Transfer) Act 1991; to consequentially amend certain Acts; and for other purposes.
Question put and passed.
Bill presented and read a first time.
Mr Collins moved, That this bill be now read a second time.
Debate adjourned (Mr Page) and the resumption of the adjourned debate made an Order of the Day for a future day.
20 FILM AND VIDEO TAPE CLASSIFICATION (AMENDMENT) BILL
Mr Hartcher moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend the Film and Video Tape Classification Act 1984 to provide for an "MA" classification for films that are not suitable for viewing by persons under the age of 15 years; and for other purposes.
Question put and passed.
Bill presented and read a first time.
Mr Hartcher moved, That this bill be now read a second time.
Debate adjourned (Mr Irwin) and the resumption of the adjourned debate made an Order of the Day for a future day.
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21 PROTECTION OF THE ENVIRONMENT ADMINISTRATION (AMENDMENT) BILL
Mr Hartcher moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend the Protection of the Environment Administration Act 1991 with respect to the environmental assessment of the granting of certain licences, approvals and certificates of registration by the Environmental Protection Authority.
Question put and passed.
Bill presented and read a first time.
Mr Hartcher moved, That this bill be now read a second time.
Debate adjourned (Mr Irwin) and the resumption of the adjourned debate made an Order of the Day for a future day.
22 INDUSTRIAL RELATIONS (AMENDMENT) BILL
Mr Hartcher moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend section 122 of the Industrial Relations Act 1991 so as to disregard penalty rates in determining the minimum rates of wages for enterprise agreements.
Question put and passed.
Bill presented and read a first time.
Mr Hartcher moved, That this bill be now read a second time.
Debate adjourned (Mr Irwin) and the resumption of the adjourned debate made an Order of the Day for a future day.
23 MOTOR ACCIDENTS (AMENDMENT) BILL
Mr Hartcher moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend the Motor Accidents Act 1988 with respect to the commencement and duration of third-party policies, the form and making of claims, the rights and liabilities of the Nominal Defendant and the assessment of damages; and for other purposes.
Question put and passed.
Bill presented and read a first time.
Mr Hartcher moved, That this bill be now read a second time.
Debate adjourned (Mr Whelan) and the resumption of the adjourned debate made an Order of the Day for a future day.
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24 SUPERANNUATION LEGISLATION (MISCELLANEOUS AMENDMENTS) BILL
Mr Souris moved, on behalf of Mr Hartcher, pursuant to notice, That leave be given to bring in a bill for an Act to amend various public sector superannuation Acts in relation to the privatisation of certain public sector employers, salary for superannuation purposes and as a consequence of the introduction of the First State Superannuation Scheme; and for other purposes.
Question put and passed.
Bill presented and read a first time.
Mr Souris moved, That this bill be now read a second time.
Debate adjourned (Mr Gaudry) and the resumption of the adjourned debate made an Order of the Day for a future day.
25 PRISONS (AMENDMENT) BILL
SENTENCING (AMENDMENT) BILL
Mr Merton moved, pursuant to notice, That leave be given to bring in the following cognate bills:
(i) A bill for an Act to amend the Prisons Act 1952 to abolish the Serious Offenders Review Board and to constitute the Serious Offenders Review Council, to make further provision with respect to the segregation of prisoners and drug testing of prisoners, and for other purposes; and to amend the Defamation Act 1974 consequentially.
(ii) A bill for an Act to amend the Sentencing Act 1989 with respect to the functions of the Offenders Review Board; and for other purposes.
Question put and passed.
Bills presented and read a first time.
Mr Merton moved, That these bills be now read a second time.
Debate adjourned (Mr Gaudry) and the resumption of the adjourned debate made an Order of the Day for a future day.
26 POLICE SERVICE (MANAGEMENT) AMENDMENT BILL
The Order of the Day having been read for the resumption of the adjourned debate, on motion of Mr Griffiths, That this bill be now read a second time___
And the question being again proposed___
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The House resumed the said adjourned debate.
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Ordered, That the honourable member for South Coast, Mr Hatton, be allowed to continue his speech for a further period of five minutes.
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Question put and passed.
Bill read a second time.
Mr Speaker left the Chair and the House resolved itself into a Committee of the Whole for the consideration of the bill.
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And the Committee continuing to sit after midnight___
THURSDAY 20 MAY 1993 a.m.
Mr Speaker resumed the Chair and Mr Tink, Temporary Chairman, reported the bill with amendments.
On motion of Mr Griffiths, the Report was adopted.
And Mr Speaker having consented to the third reading being taken forthwith.
Bill, on motion of Mr Griffiths, read a third time.
27 MESSAGES FROM THE LEGISLATIVE COUNCIL
Mr Speaker reported messages from the Legislative Council returning the following bills without amendment:
19 May 1993
Antiochian Orthodox Church Property Trust Bill
Dog (Amendment) Bill
VOTES AND PROCEEDINGS OF THE LEGISLATIVE ASSEMBLY
19 and 20 May 1993 a.m.
Crimes (Dogs) Amendment Bill
Fair Trading (Lay-by) Amendment Bill.
28 JOINT SELECT COMMITTEE UPON SYDNEY WATER BOARD
Mr Speaker reported the following message from the Legislative Council:
Page 259
Mr SPEAKER
The Legislative Council having had under consideration the Legislative Assembly's Message of 13 May 1993, relating to the appointment of a Joint Select Committee on the Sydney Water Board, informs the Legislative Assembly that it has this day agreed to the following Resolution:
(1) That this House agrees to paragraphs 1 and 3 to 8 of the Resolution in the Legislative Assembly's Message of 13 May 1993, relating to the appointment of a Joint Select Committee on the Sydney Water Board.
(2) That this House insists that the Committee be composed of an equal number of Members of each House.
(3) That paragraph (2) of the Resolution in the Legislative Assembly's Message of 13 May 1993, be substituted as follows:
(2) That the Committee consist of twelve members, as follows:
(a) six shall be Members of the Legislative Assembly, being:
(i) three from the Government;
(ii) two from the Opposition;
who shall be nominated in writing to the Clerk of the Legislative Assembly by the relevant Party Leaders; and
(b) six shall be Members of the Legislative Council; and
(c) that the representatives of the Legislative Council on the Committee be Miss Gardiner, Mrs Forsythe, Mr Jones, Mr Manson, Mr Obeid and Mr Ryan.
(4) That Thursday 20 May 1993, at 5.15 p.m. in room 1043 be the time and place for the first meeting of the Committee.
(5) That the Legislative Council expresses the view that on any future occasion on which a Joint Committee may be proposed the same number of Members should be appointed from both Houses.
The Legislative Council requests the concurrence of the Legislative Assembly in the proposed amendment to paragraph (2) of the Legislative Assembly's Resolution.
Legislative Council M. F. WILLIS
19 May 1993 President
Page 260
Mr Speaker ordered, That the consideration of the Legislative Council message stand an Order of the Day for tomorrow.
29 WORKERS COMPENSATION LEGISLATION (FURTHER AMENDMENT) BILL
Mr Speaker reported the following message from the Legislative Council:
Mr SPEAKER
The Legislative Council requests that a Bill, intituled " An Act to amend the Workers Compensation Act 1987 relating to benefits for partially incapacitated workers, statutory funds of insurers, self-insurers and the privatisation of GIO; to amend the Workers' Compensation (Dust Diseases) Act 1942 and the Motor Vehicles (Third Party Insurance) Act 1942; and for other purposes" which was forwarded to the Legislative Assembly during the previous Session of the Parliament and not having been finally dealt with because of the prorogation of the Legislature, be proceeded with under the Assembly's Standing Orders.
Legislative Council M. F. WILLIS
19 May 1993 President
Ordered, on motion of Mr Griffiths, That the consideration of the Legislative Council message stand an Order of the Day for tomorrow.
30 ADJOURNMENT
Mr Griffiths moved, That this House do now adjourn.
Question put and passed.
The House adjourned accordingly at 12.04 a.m., until 9.00 a.m., this day.
RUSSELL D. GROVE K. R. ROZZOLI
Clerk of the Legislative Assembly Speaker
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Authorised by the Parliament of New South Wales