Minutes No. 6, Thursday 16 September 1999

63

PARLIAMENT OF NEW SOUTH WALES
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No. 6
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MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL
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SECOND SESSION OF THE FIFTY-SECOND PARLIAMENT
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THURSDAY 16 SEPTEMBER 1999

1 The House met at 11.00 am according to adjournment. In the absence of the President the Deputy President took the Chair and read the Prayers.

Members present^___

The Honourable Doctor Meredith Anne Burgmann, MA(Syd) PhD(Macq), President

The Honourable Peter James Breen, DipLaw The Honourable Richard Thomas Marshall Bull The Honourable Janice Carolyn Burnswoods, BA(Hons) DipEd The Honourable Doctor Arthur Chesterfield-Evans, MB BS FRCS(Eng) MApplSci(OHS) The Honourable Ian Cohen, BA DipEd The Honourable Alan Gordon Corbett, BA DipEd DipTEFL MA The Honourable John Joseph Della Bosca, BA The Honourable Ronald David Dyer, DipLaw DipCrim The Honourable Michael Rueben Egan, BA The Honourable Patricia Forsythe, BA DipEd The Honourable Michael Joseph Gallacher, BProf St The Honourable Jennifer Ann Gardiner, BBus The Honourable Duncan John Gay The Honourable John Planta Hannaford, LLB The Honourable Donald Thomas Harwin, BEc(Hons) The Honourable John Hatzistergos, BEc LLM The Honourable John Hughes Jobling, PhC MPS The Honourable John Richard Johnson The Honourable Malcolm Irving Jones The Honourable Richard Stanley Leigh Jones The Honourable Anthony Bernard Kelly, ALGA The Honourable Charlie John Stuart Lynn, psc

The Honourable Ian Michael Macdonald, BA(Hons) The Honourable Andrew Bruce Manson The Honourable Douglas Frederick Moppett, BScAgr The Honourable Elaine Blanche Nile The Reverend the Honourable Frederick John Nile, ED LTh The Honourable Edward Moses Obeid, OAM The Honourable Doctor Brian Patrick Victor Pezzutti, RFD MB BS(Syd) FFARACS FANZCA The Honourable Peter Thomas Primrose, B SocStud(Syd) Ms Lee Rhiannon The Honourable John Francis Ryan, BA(Hons) DipEd The Honourable Janelle Anne Saffin The Honourable James Miltiadis Samios, MBE BA LLB The Honourable Helen Wai-Har Sham-Ho, BA DipSocWk BLegS The Honourable Jeffrey William Shaw, QC BA LLB The Honourable John Saxon Tingle The Honourable Henry Shiu-Lung Tsang, OAM BArch(NSW) DipBdg Sc(Syd) Fellow(UTS) The Honourable Doctor Peter Wong, AM MB BS(Syd) BPharm(Syd)

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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT BILL (No. 2)

The Deputy President reported the following Message from the Legislative Assembly:

Madam PRESIDENT

The Legislative Assembly having this day passed a Bill titled “An Act with respect to payments for construction work carried out, and related goods and services supplied, under construction contracts; and for other purposes” presents the same to the Legislative Council for its concurrence.

Legislative Assembly JOHN MURRAY
15 September 1999 Speaker

Bill, on motion of Mr Della Bosca, read a first time.

Ordered: That the Bill be printed.

Mr Della Bosca moved, according to Contingent Notice: That Standing Orders be suspended to allow the passing of the Bill through all its remaining stages during the present or any one sitting of the House.

Question put and passed.

Ordered: That the second reading of the Bill stand an Order of the Day for a later hour of the sitting.


2 PAPERS

Mr Obeid tabled the following Papers:

Subordinate Legislation Act 1989—Regulatory Impact Statements of:

(a) Draft Dangerous Goods (General) Regulation 1999, dated January 1999,
(b) Draft Occupational Health and Safety (Committees in Workplaces) Regulation 1999, dated April 1999,
(c) Proposed Sporting Injuries Insurance Regulation 1999.


3 PETITION

Year 2000 Amnesty for New South Wales Prisoners

Ms Rhiannon presented a petition from 38 citizens of New South Wales noting that many countries have a tradition of granting amnesties to prisoners to mark special occasions and that such a gesture in New South Wales would help address the loss of remissions and the longer sentences resulting from Truth in Sentencing legislation and praying that the House will call on the Government in the Year 2000 to grant an amnesty gesture to prisoners by remitting a percentage of prisoners’ sentences.

Petition received.



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4 NOTICES OF MOTIONS


5 SUSPENSION OF STANDING AND SESSIONAL ORDERS—REFERENCE TO STANDING COMMITTEE ON SOCIAL ISSUES

On the Deputy President calling on the Clerk to read the Order of the Day, Mr Jobling moved, according to Contingent Notice: That Standing and Sessional Orders be suspended to allow the moving of a motion forthwith that Private Members’ Business item No. 48 Outside the Order of Precedence relating to the Standing Committee on Social Issues be called on forthwith.

Question put and passed.

Mr Jobling then moved: That Private Members’ Business item No. 48 Outside the Order of Precedence relating to the Standing Committee on Social Issues be called on forthwith.

Question put and passed.


6 DOCS GROUP HOMES—REFERENCE TO STANDING COMMITTEE ON SOCIAL ISSUES

Mr Ryan moved, according to Notice:

1. That the Standing Committee on Social Issues inquiry into and report on the provision of residential care and other services which support people with disability, including the following.

2. The tendering out of group homes currently operated by DOCS, including:

(a) how the decision was made, by whom and for what reason,

(b) the criteria for choosing which homes would be tendered out, how they were arrived at,
(c) the service planning and development that preceded the decision to tender out group homes, and in particular the following:
(i) arrangements for the provision of case work, clinical and allied health services for people with disability in accommodation provided by the non-government sector,
(ii) arrangements for the training and accreditation of staff working in non-government accommodation services,
(iii) arrangements for non-government infrastructure support and development generally,
(d) how the processes involved in tendering out group homes were arrived at,
(e) the level of consultation with people with disability, their families and carers prior to and during the process of tendering out the group homes, and organisations representing people with disability, especially including People with Disabilities (Inc), the NSW Council on Intellectual Disability, the NSW Safeguard Coalition and the Public Service Association,
(f) the appropriateness of the means by which people with disability and their families were informed of the decision to tender out group homes,
(g) whether during this process the Government has breached the Disability Services Act in any way,
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(h) the need for certainty of future accommodation for people currently residing in DOCS Group Homes, and future clients of what are now DOCS Group Homes,
(i) the particular impact on rural and remote families.

3. The provision of residential care and other services for people with disabilities, having regard but not limited to:

(a) current unmet need,
(b) the adequacy of the Government’s response to unmet need to date, including:
(i) the provision of funding to address unmet need,
(ii) service planning,
(c) the need and level of provision for respite care,
(d) the availability and distribution of supported accommodation, respite care and other disability services for people in rural and remote communities, needs of people with disabilities and their families in rural and remote areas, and the need for government to make particular provision for their needs,
(e) the security of ongoing funding arrangements for the non-government sector,
(f) the desirability or otherwise of a continuing role for Government in the direct provision of services for people with disability,
(g) the adequacy of administrative arrangements between the Ageing and Disability Department and the Department of Community Services in relation to the disability services provided by the Department of Community Services,
(h) the status of the implementation of the Disability Services Act (1993) in particular in respect to:
(i) the provision of funding to assist services to reach conformity to legislative requirements, and
(ii) the implementation of those provisions dealing with individualised funding arrangements.

4. That the Inquiry make specific and general recommendations about the matters inquired into.


5. That in conducting the Inquiry specific steps be taken to consult as widely as possible with people with disability, their families and carers, and organisations representing people with disability, especially including People with Disabilities (Inc), the NSW Council on Intellectual Disability, the NSW Safeguard Coalition and the Public Service Association, having particular regard to the need to ensure people with disability are fully involved in decisions affecting their lives.
6. That, in relation to the matters raised in paragraph 2 the Inquiry report to the Parliament no later than 30 November 1999.

7. That until recommendations are made by this Inquiry, this House calls on the Government in the strongest terms to agree to a moratorium on the proposed changes to DOCS group homes, in order that it may respond positively to the Inquiry’s outcomes.


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8. That the Government be required to provide to the House all Government papers in written or electronic form including the complete range of documents relating to the decision to tender out DOCS group homes, including papers from the Departments of the Premier, Treasury, Ageing and Disability and Community Services.

Debate ensued.

Question put and passed.


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According to Sessional Order, proceedings interrupted at 12.00 noon for Questions.

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7 QUESTIONS

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The President took the Chair.

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8 CENTRAL HILLS CEMETERY AND CREMATORIUM

Order of the Day read for resumption of the interrupted debate of the question on the motion of Mr Lynn: That this House calls on Campbelltown City Council to support the proposal of the Central Hills Environmental Improvement Society for a cemetery and crematorium to be developed in the Central Hills area of Campbelltown and that the City Council take note that the proposal is:

1. Supported by 10,688 petitioners and over 30 local religious and community groups comprising Muslim, Catholic and Anglican churches and various senior citizen organisations.

2. Recommended by the Campbelltown City Council’s Planning Building and Environmental Protection Committee.

Debate resumed.

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Mr Lynn having spoken in reply—

Dr Chesterfield-Evans and Revd Mr Nile, by leave, addressed the House.

Mr Lynn, by leave, spoke a second time.

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Question put and passed

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.9 SEXUAL OFFENCE DAMAGES BILL

Mrs Nile moved, according to Notice: That leave be given to bring in a Bill for an Act to provide for the recovery of damages in respect of the death of or injury to a person resulting from rape or other sexual offence from persons who produce, distribute, exhibit or sell offensive sexual material which motivates the offender to commit the offence.

Question put and passed.

Bill presented and read a first time.

Ordered: That the Bill be printed.

Mrs Nile then moved, according to Sessional Order: That this Bill be now read a second time.

Debate ensued.

Motion made (Revd Mr Nile) and question: That this debate be now adjourned until five calendar days ahead—put and passed.


10 DOMESTIC VIOLENCE

Ms Saffin sought the leave of the House to amend Private Members’ Business item No. 8 in the Order of Precedence by omitting in paragraph 5 the words “the Federal Government” and inserting instead “Governments at all levels”, and omitting all words after “funding”.

No objection taken.

Leave granted.

Ms Saffin then moved, according to Notice, as by leave amended:

That this House:

1. Recognises the substantial work, and commitment of the New South Wales community especially women in their efforts to help victims/survivors of domestic violence, and to reduce the alarmingly high levels of domestic violence in our community.

2. Recognises the tremendous effort that the New South Wales local domestic violence committees put into promotional community activities during the National Stop Domestic Violence Day Week's activities.

3. Praises the significant role that the local domestic violence committees play in New South Wales.

4. Recognises the need to stay informed about domestic violence issues, to advocate for victims/survivors appropriate and adequate services, and to monitor the legal response for their situation.

5. Calls on Governments at all levels to ensure that domestic violence is treated as a priority in respect of public policy and funding

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.Debate ensued.

Question put and passed.

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According to Sessional Order, proceedings interrupted at 5.00 pm for adjournment.

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11 SPECIAL ADJOURNMENT

Mr Macdonald moved: That this House at its rising today do adjourn until Tuesday 21 September 1999 at 2.30 pm.

Question put and passed.

Mr Macdonald then moved: That this House do now adjourn.

Debate ensued.

Question put and passed.

The House adjourned at 5.25 pm until Tuesday 21 September 1999 at 2.30 pm.





Lynn Lovelock
Deputy Clerk

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Authorised by the Parliament of New South Wales