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Votes and Proceedings No. 53, Wednesday 13 November 2002
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575
PROOF
PARLIAMENT OF NEW SOUTH WALES
LEGISLATIVE ASSEMBLY
2002
THIRD SESSION OF THE FIFTY-SECOND PARLIAMENT
___________________
VOTES
AND
PROCEEDINGS
No. 53
WEDNESDAY 13 NOVEMBER 2002
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575
VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Wednesday 13 November 2002
575
VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Wednesday 13 November 2002
1 ELECTION FUNDING AMENDMENT BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Carr, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put and passed.
Bill read a second time.
Leave granted for the third reading forthwith.
Bill, on motion of Mr Watkins, on behalf of Mr Carr, read a third time.
2 CRIMES AMENDMENT (SCHOOL PROTECTION) BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Watkins, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put and passed.
Bill read a second time.
Leave granted for the third reading forthwith.
Bill, on motion of Mr Watkins, read a third time.
3 WORKERS' COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY CLAIMS ASSISTANCE
Mr Whelan moved,
(1) That, in accordance with section 42B (4) of the Workplace Injury Management and Workers Compensation Act 1988, this House approves funds being provided for an additional period of 2 years to fund the provision of claims assistance by organisations representing employers or employees to help them assist their members understand and comply with the new workers compensation and occupational health and safety legislation.
(2) That a message be sent informing the Legislative Council of the resolution.
Upon which Mr Hartcher moved, That the motion be amended by leaving out the words “2 years” in paragraph (1) with a view to inserting instead “6 months”.
Question proposedThat the words proposed to be left out stand.
Debate ensued.
Question put.
The House divided.
AYES 48
Ms Allan, Mr Amery, Ms Andrews, Mr Aquilina, Mr Ashton, Mr Bartlett, Ms Beamer, Mr Black, Mr Brown, Miss Burton, Mr Campbell, Mr Crittenden, Mr Debus, Mr Face, Mr Gaudry, Mr Greene, Mr Hickey, Mr Hunter, Mr Iemma, Mr Knowles, Mrs Lo Po', Mr Lynch, Mr Markham, Mr Martin, Mr McBride, Mr McManus, Ms Meagher, Ms Megarrity, Mr Mills, Mr Moss, Mr Newell, Ms Nori, Mr Orkopoulos, Mr E.T. Page, Mrs Perry, Mr Price, Dr Refshauge, Mr Scully, Mr W.D. Smith, Mr Stewart, Mr Tripodi, Mr Watkins, Mr West, Mr Whelan, Mr Woods and Mr Yeadon.
Tellers: Mr Anderson and Mr Thompson.
NOES 26
Mr Barr, Mrs Chikarovski, Mr Collins, Mr Cull, Mr Debnam, Mr George, Mr Glachan, Mr Hartcher, Ms Hodgkinson, Mrs Hopwood, Dr Kernohan, Mr Kerr, Mr McGrane, Mr Merton, Mr O'Farrell, Mr D.L. Page, Mr Richardson, Mr Rozzoli, Mrs Skinner, Mr Slack-Smith, Mr Stoner, Mr Tink, Mr Torbay and Mr R.W. Turner.
Tellers: Mr Fraser and Mr R.H.L. Smith.
Pairs: Mr Collier—Mr Souris.
Question passed.
QuestionThat the original motion be agreed toput and passed.
4 SUPERANNUATION LEGISLATION AMENDMENT BILL
SUPERANNUATION LEGISLATION FURTHER AMENDMENT BILL
Mr Face, on behalf of Mr Aquilina, moved, pursuant to notice, That leave be given to bring in the following cognate bills:
(i) A bill for an Act to amend various superannuation Acts with respect to the transfer of certain deferred or preserved benefits to the First State Superannuation Fund, the circumstances in which spouse or de facto partner benefits may be paid to a surviving spouse or de facto partner and the reduction of benefits to offset superannuation contributions surcharge liability; and for other purposes.
(ii) A bill for an act to amend various superannuation Acts with respect to death and incapacity benefits for firefighters, disengagement benefits for police officers, investment of superannuation contributions and transfer of benefits; and for other purposes.
Question put and passed.
Bills presented and read a first time.
Mr Face moved, That these bills be now read a second time.
Debate adjourned (Mr R.H.L. Smith) and the resumption of the debate made an Order of the Day for a future day.
5 DRIVING INSTRUCTORS AMENDMENT BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Scully, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put and passed.
Bill read a second time.
Leave granted for the third reading forthwith.
Bill, on motion of Mr Stewart, on behalf of Mr Scully, read a third time.
6 RAIL SAFETY BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Scully, That this bill be now read a second time.
Question again proposed and debate resumed.
Mr Fraser 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 a later hour.
7 NOTICES OF MOTIONS
8 PETITIONS
The Clerk announced that the following members had each lodged petitions for presentation:
Mr Barrfrom certain citizens opposing the installation of telecommunication towers in residential streets.
Ms Moorefrom certain citizens requesting legislative change to reduce the potential for development related corruption by local councils.
Mr Barrfrom certain citizens requesting that the rights of carers be included in the Mental Health Act.
Mr Fraserfrom certain citizens requesting the establishment of a radiotherapy unit at Coffs Harbour.
Mr Kerrfrom certain citizens opposing the closure of Sutherland Hospital Kiosk.
Mr Maguirefrom certain citizens requesting an obstetric practice for the maternity wing of Calvary Hospital Wagga Wagga.
Ms Moorefrom certain citizens requesting funding to increase and maintain mental health services and support.
Mr Webbfrom certain citizens requesting that Queanbeyan District Hospital be upgraded.
Mr Barrfrom certain citizens opposing the proposed discontinuation of the 146 bus service.
Mr Debnamfrom certain citizens requesting legislation change to provide seats and seatbelts for all students on school buses.
Mrs Hopwoodfrom certain citizens requesting additional commuter parking at railway stations situated within the Shire of Hornsby.
Ms Moorefrom certain citizens requesting the reinstatement of the old 301 bus route as existed before “Better Buses”.
Mr George and Mr D.L. Pagefrom certain citizens requesting that the exhibition period of the Draft Richmond Regional Vegetation Management Plan be extended by three months.
Ms Moorefrom certain citizens requesting the burial of overhead cabling in New South Wales.
Ms Moorefrom certain citizens requesting the protection of old growth forests.
Mr Slack-Smithfrom certain citizens requesting that NSW Forestry remain the manager of the State Forests.
Ms Moorefrom certain citizens opposing the use of wild animals in circuses.
Ms Moorefrom certain citizens opposing the rezoning of the White City Site.
Ms Moorefrom certain citizens requesting further State Government action on graffiti vandalism.
Ms Moorefrom certain citizens requesting funding to help homeless people.
Mr Glachanfrom certain citizens requesting an increased police presence in the areas for Henty, Culcairn and Walla Walla.
Ms Moorefrom certain citizens requesting increased uniformed police foot patrols in the Surry Hills Local Area Command.
9 PLACING OR DISPOSAL OF BUSINESSCALLOVER OF GENERAL BUSINESS
(1) General Business Notices of Motions (for Bills):
No. 1 Mona Vale Road Bushland Corridor Preservation Bill, postponed (Mr Humpherson)
No. 5 Government Publicity Control Bill, postponed (Mr O’Farrell)
No. 7 Graffiti Control (Spray Paint Cans) Bill, postponed (Mr Richardson)
(2) General Business Orders of the Day (for Bills):
No. 2 Community Services (Complaints, Reviews and Monitoring) Amendment (Application) Bill, postponed (Mr Hazzard)
No. 10 Save Erskineville Public School Bill, postponed (Mr O’Farrell)
No. 11 Government (Open Market Competition) Bill, postponed (Ms Moore)
No. 14 Right to Self-defence (Immunity from Civil Liability) Bill, postponed (Mr Hartcher).
(3) General Business Orders of the Day (General Orders):
No. 1 Bathurst Professional Golfers, postponed (Mr Martin)
(4) General Business Notices of Motions (General Notices):
No. 1 Spike Milligan, postponed (Mr Hartcher)
No. 4 Death of John Newman, postponed (Mrs Chikarovski)
No. 5 Petrol bomb attacks on women and girls, postponed (Mr Hartcher)
No. 7 Danielle Evans, postponed (Mrs Skinner)
No. 9 Regional airlines, postponed (Mr Slack-Smith)
No. 14 Local Government Boundaries Commission report, postponed (Mr Hartcher)
No. 134 Integration Review by Department of Education and Training, withdrawn (Mr O’Farrell).
No. 178 SEPP5 developments in North Turramurra, withdrawn (Mr O’Farrell).
10 PAPERS
(1) Mr Debus, by leave, tabled:
Report of the Anti-Discrimination Board for the year ended 30 June 2002.
Report of the Judicial Commission for the year ended 30 June 2002.
Report of the Royal Botanic Gardens and Domain Trust for the year ended 30 June 2002.
Report of the Victims Compensation Tribunal for the year ended 30 June 2002.
Report of the Zoological Parks Board for the year ended 30 June 2002.
(2) Mr Watkins, by leave, tabled:
Minister’s Report to Parliament under section 18A of the Education Act 1990, dated November 2002.
Report of the Board of Studies and Office of the Board of Studies for the year ended 30 June 2002.
Report of the Teacher Housing Authority for the year ended 30 June 2002.
Report of the Board of Vocational Education and Training for the year ended 30 June 2002.
Report of the Vocational Education and Training Accreditation Board for the year ended 30 June 2002.
11 NOTICES OF MOTIONS FOR URGENT CONSIDERATION
Dr RefshaugeCall for papersLeader of the Opposition.
Mr SourisExceptional circumstances drought assistance.
12 QUESTIONS
DISTINGUISHED VISITORS
The Speaker drew the attention of the House to the presence in the Gallery of a delegation from the Seoul Metropolitan Council led by Mr Ju-Ung Park, Chairman of the Council Steering Committee.
13 SUPPLEMENTARY ANSWER
Mr Amery provided supplementary information to a question without notice asked of him earlier this day.
14 MOTIONS FOR URGENT CONSIDERATION
(1) Dr Refshauge made a statement in support of his notice for urgent consideration.
(2) Mr Souris made a statement in support of his notice for urgent consideration
That this House calls on the Government to accept the offer of the Federal Government to work together to provide exceptional circumstances assistance to drought affected farmers in New South Wales.
QuestionThat the notice for urgent consideration of the Member for Marrickville (Dr Refshauge) be proceeded withput and passed.
15 MOTION FOR URGENT CONSIDERATIONCALL FOR PAPERSLEADER OF THE OPPOSITION
Dr Refshauge moved, pursuant to notice, That this House
(1) Requests the Leader of the Opposition to present to the House by 11.00 am on 14 November 2002 all documents including contracts, letters of engagement, instruction invoices, payment advices, client activity reports, receipts, correspondence and all other papers concerning:
(a) Income received by him and Northmist Pty Ltd from PricewaterhouseCoopers and Dunhill Madden Butler either directly, or indirectly through any third party;
(b) Details of specific services performed by the Leader of the Opposition that gave rise to income from PricewaterhouseCoopers and Dunhill Madden Butler; and
(c) His full list of clients.
(2) Further requests on the Leader of the Opposition to table all documents relating to his relationship with any other company to which he has provided paid service while he was a Shadow Minister for Planning or a Member of Parliament.
Debate ensued.
PAPER
Mr Brogden, by leave, tabled a Memorandum of Advice from Mr W.H. Nicholas to Mr Brogden concerning Ordinary Returns and the Constitution (Disclosures by Members) Regulation 1983, dated 8 April 2002.
Question put and passed.
16 MATTER OF PUBLIC IMPORTANCEWORLD CUP SOCCER BID
The Speaker, having previously informed the House of the receipt from Ms Burton of a matter of public importance, namely:
Community support for the World Cup Soccer 2014 bid.
Discussion ensued and concluded.
17 TERRORISM (COMMONWEALTH POWERS) BILL
Mr Carr moved, pursuant to notice, That leave be given to bring in a bill for an Act to refer certain matters relating to terrorist acts to the Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth.
Question put and passed.
Bill presented and read a first time.
Mr Carr moved, That this bill be now read a second time.
Debate adjourned (Mr R.H.L. Smith) and the resumption of the debate made an Order of the Day for a future day.
18 RAIL SAFETY BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Scully, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put and passed.
Bill read a second time.
The Deputy Speaker left the Chair and the House resolved itself into a Committee of the Whole for the consideration of the bill.
The Deputy Speaker resumed the Chair and the Temporary Chairman (Ms Beamer) reported the bill with an amendment.
On motion of Mr Moss, on behalf of Mr Scully, the report was adopted.
The Deputy Speaker consented to the third reading being taken forthwith.
Bill, on motion of Mr Moss, read a third time.
19 ROAD TRANSPORT (VEHICLE REGISTRATION) AMENDMENT BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Scully, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put and passed.
Bill read a second time.
Leave granted for the third reading forthwith.
Bill, on motion of Mr Stewart, on behalf of Mr Scully, read a third time.
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It being 5.15 pm private members' statements proceeded with.
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20 PRIVATE MEMBERS' STATEMENTS
Question proposed—That private members' statements be noted.
Debate ensued.
Question put and passed.
21 LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) BILL
The Order of the Day was read, the Deputy Speaker left the Chair and the House resolved itself into a Committee of the Whole for the consideration of the bill.
The Deputy Speaker resumed the Chair and the Temporary Chairman (Mr Lynch) reported the bill with amendments.
On motion of Mr Debus, the report was adopted.
The Deputy Speaker set down the third reading of the bill as an Order of the Day for a later hour.
22 SUSPENSION OF STANDING AND SESSIONAL ORDERSINTRODUCTION OF BILL
Mr Debus moved, That Standing and Sessional Orders be suspended to permit the introduction forthwith and progress up to and including the Minister’s second reading speech of the Victims Rights Amendment Bill, notice of which was given this day for tomorrow.
Question put and passed.
23 VICTIMS RIGHTS AMENDMENT BILL
Mr Debus moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend the Charter of Victims Rights in the Victims Rights Act 1996 with respect to providing victims of crime with information about the prosecution of accused persons.
Question put and passed.
Bill presented and read a first time.
Mr Debus moved, That this bill be now read a second time.
Debate adjourned (Mr R.H.L. Smith) and the resumption of the debate made an Order of the Day for a future day.
24 COAL INDUSTRY AMENDMENT (FEES FOR RESCUE SERVICES) BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Amery, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put and passed.
Bill read a second time.
Leave granted for the third reading forthwith.
Bill, on motion of Mr Watkins, on behalf of Mr Amery, read a third time.
25 GUARDIANSHIP AMENDMENT (ENDURING GUARDIANS) BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Yeadon, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put and passed.
Bill read a second time.
Leave granted for the third reading forthwith.
Bill, on motion of Mr Watkins, on behalf of Mr Yeadon, read a third time.
26 STATE REVENUE LEGISLATION AMENDMENT BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Aquilina, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put and passed.
Bill read a second time.
Mr Lynch, Acting Speaker, left the Chair and the House resolved itself into a Committee of the Whole for the consideration of the bill.
Mr Lynch, Acting Speaker, resumed the Chair and the Temporary Chairman (Ms Beamer) reported the bill with amendments.
On motion of Mr Whelan, on behalf of Mr Aquilina, the report was adopted.
Mr Lynch, Acting Speaker, consented to the third reading being taken forthwith.
Bill, on motion of Mr Whelan, read a third time.
27 SUSPENSION OF STANDING AND SESSIONAL ORDERSGOVERNMENT BUSINESS
Mr Whelan moved, That Standing and Sessional Orders be suspended to provide for the following business for the remainder of this sitting:
(1) no quorums or divisions;
(2) the introduction and progress up to and including the Minister’s second reading speech of Government bills, notice of which was given this day for tomorrow;
(3) resumption of the debate on the take note debate of the Budget Estimates and related papers 2002-2003; and
(4) at the conclusion of the above business the House to adjourn, without motion, until tomorrow at 10.00 am.
Debate ensued.
Question put and passed.
28 PUBLIC FINANCE AND AUDIT AMENDMENT (COSTING OF ELECTION PROMISES) BILL
Mr Whelan, on behalf of Mr Aquilina, moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend the Public Finance and Audit Act 1983 with respect to the disclosure of information and documents concerning the Treasury costing of election promises.
Question put and passed.
Bill presented and read a first time.
Mr Whelan moved, That this bill be now read a second time.
Debate adjourned (Mr Fraser) and the resumption of the debate made an Order of the Day for a future day.
29 COAL MINE HEALTH AND SAFETY BILL
Mr Aquilina, on behalf of Mr Woods, moved, pursuant to notice, That leave be given to bring in a bill for an Act to secure the health, safety and welfare of persons in connection with coal operations; to repeal the Coal Mines Regulation Act 1982; to amend certain Acts; and for other purposes.
Question put and passed.
Bill presented and read a first time.
Mr Aquilina moved, That this bill be now read a second time.
Debate adjourned (Mr Fraser) and the resumption of the debate made an Order of the Day for a future day.
30 BUILDING LEGISLATION AMENDMENT (QUALITY OF CONSTRUCTION) BILL
Mr Aquilina, on behalf of Dr Refshauge, moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend the Environmental Planning and Assessment Act 1979, the Home Building Act 1989 and various other Acts and instruments with respect to the quality of building construction; and for other purposes.
Question put and passed.
Bill presented and read a first time.
Mr Aquilina moved, That this bill be now read a second time.
Debate adjourned (Mr Fraser) and the resumption of the debate made an Order of the Day for a future day.
31 GAMING MACHINES FURTHER AMENDMENT BILL
Mr Face moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend the Gaming Machines Act 2001 with respect to the allocation and transfer of poker machine entitlements, the provision of social impact assessments in relation to gaming machines and other administrative matters; to make miscellaneous amendments to the Registered Clubs Act 1976; and for other purposes.
Question put and passed.
Bill presented and read a first time.
Mr Face moved, That this bill be now read a second time.
Debate adjourned (Mr Fraser) and the resumption of the debate made an Order of the Day for a future day.
32 BUDGET ESTIMATES AND RELATED PAPERS 2002-2003
The Order of the Day was read for the resumption of the adjourned debate on the motion of Mr Whelan, That the House take note of the Budget Estimates and related papers for 2002-2003.
Debate ensued.
SUSPENSION OF STANDING AND SESSIONAL ORDERS
Mr Whelan moved, That Standing and Sessional Orders be suspended to extend the sitting beyond 10.30 pm.
Question put and passed.
Debate continued.
Question put and passed.
33 ADJOURNMENT
The House adjourned, pursuant to resolution, at 10.39 pm, until tomorrow, at 10.00 am.
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Authorised by the Parliament of New South Wales
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