Votes and Proceedings No. 20, Wednesday 11 May 1994

PARLIAMENT OF NEW SOUTH WALES
LEGISLATIVE ASSEMBLY

1994

FOURTH SESSION OF THE FIFTIETH PARLIAMENT

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VOTES
AND
PROCEEDINGS
No. 20

WEDNESDAY 11 MAY 1994

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1 MESSAGES FROM THE GOVERNOR

Mr Speaker reported messages from His Excellency the Governor assenting to the following bills:

10 May 1994

Judges' Pension (Amendment) Bill
Lotteries and Art Unions (Amendment) Bill
Mines Rescue Bill
Supreme Court (Amendment) Bill
Criminal Appeal (Amendment) Bill
University Legislation (Amendment) Bill.

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2 CRIMES (FEMALE GENITAL MUTILATION) AMENDMENT BILL

Mr Speaker reported the following message from the Legislative Council:

Mr SPEAKER

The Legislative Council having this day passed a Bill intituled "An Act to amend the Crimes Act 1900 to prohibit female genital mutilation" transmits the Bill to the Legislative Assembly for concurrence.

Legislative Council M. F. WILLIS
11 May 1994 a.m. President

Bill read a first time.

Ordered by Mr Speaker, That the second reading stand an Order of the Day for a later hour of the day.

3 NOTICE OF MOTION FOR URGENT CONSIDERATION^___ROYAL COMMISSION INTO THE POLICE SERVICE

Mr Hatton gave notice of a motion for the establishment of a Royal Commission into the Police Service.

4 QUESTIONS

5 NOTICES OF MOTIONS

6 PETITIONS

The Clerk announced that the following Members had each lodged petitions for presentation:

Mr Sullivan^___from certain citizens requesting the continuation of the current levels of services at Bulli, Port Kembla and Coledale Hospitals.

Mr Crittenden^___from certain citizens requesting an obstetric and childbirthing facility at Wyong Hospital.

Mr Knowles^___from certain citizens requesting a permanent police station at Ingleburn and upgrade of the existing police station at Macquarie Fields.

Mr Knowles^___from certain citizens requesting that the Ingleburn Fire Station remain open.

Mr Bowman^___from certain citizens requesting increased assistance for the Home and Community Care Program.

Mr Rumble^___from certain citizens requesting the re-opening of the children's ward of Shellharbour Public Hospital.


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Mr Rumble^___from certain citizens requesting more police be allocated to Warilla Police Station.

7 PLACING OR DISPOSAL OF BUSINESS

(1) Notices of Motions of General Business (for Bills):

No. 1 Crimes (Unreliable Testimony) Amendment Bill, postponed (Mr Whelan).

No. 2 Stock Medicines (Prohibition of Growth Hormones) Amendment Bill, postponed (Mr Martin).

No. 3 Crimes (Apprehended Violence) Amendment Bill, postponed (Mr Whelan).

No. 4 Wolli Park Trust Bill, postponed (Ms Moore).

No. 5 National Parks and Wildlife (Return of Aboriginal Remains and Cultural Artefacts) Amendment Bill, postponed (Mr Markham).

No. 6 National Parks and Wildlife (Aboriginal Ownership) Amendment Bill, postponed (Mr Markham).

No. 9 Environmental Planning and Assessment (Appeals) Amendment Bill, postponed (Dr Macdonald).

No. 11 Michael Black (Compensation) Bill, postponed (Mr Sullivan).

(2) Orders of the Day of General Business (for Bills)

No. 1 Government Publicity Control Bill, postponed (Mr Carr).

No. 2 Forestry (Amendment) Bill, postponed (Dr Macdonald).

No. 3 National Parks and Wildlife (New Areas and Miscellaneous Provisions) Amendment Bill, postponed (Dr Macdonald).

No. 4 Public Health (Sale of Tobacco to Juveniles) Amendment Bill, postponed (Dr Refshauge).

No. 5 Occupational Health and Safety (Smoke-free Indoor Air) Amendment Bill, postponed (Dr Macdonald).

No. 6 South Tweed TAFE College Land Bill, postponed (Mr Face).

No. 7 Workers Compensation (Journey Claims) Amendment Bill, postponed (Mr Yeadon).

No. 8 Public Finance and Audit (Special Dividends) Amendment Bill, postponed (Mr J. H. Murray).

No. 9 Lake Macquarie State Recreation Area Bill, postponed (Mr Hunter).

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No. 10 Threatened Species Conservation Bill, postponed (Dr Macdonald).

No. 16 Prohibited Weapons (Amendment) Bill, postponed (Mr Carr).

(3) Orders of the Day of General Business (General Orders)

No. 1 Select Committee upon Elcom Resumptions for Power Lines, postponed (Mr Rogan).

No. 2 Hospital Financial Management Reference to the Public Accounts Committee, postponed (Dr Refshauge).

No. 3 Private Hospital Bed Licences, postponed (Dr Refshauge).

(4) Notices of Motions of General Business (General Notices)

No. 2 North East Forest Alliance, postponed (Mr Fraser).

No. 3 Minister for Agriculture^___Narromine Feedlot Case, postponed (Mr Martin).

No. 4 Roads and Traffic Authority reference to the Public Accounts Committee, postponed (Mr Langton).

No. 5 Consideration of the Parliamentary Electorates and Elections (Method of Voting) Amendment Bill, postponed (Mr Whelan).

No. 6 Standing Orders and Procedure Committee, postponed (Mr Whelan).

No. 7 Legal Assistance for Dr Michael Ryan, postponed (Mr Whelan).

No. 8 Public Inquiry into the Operation of the Victims Compensation Tribunal, postponed (Mr Whelan).

No. 9 Inner West Hospital, postponed (Dr Refshauge).

No. 10 Standing Order 78, postponed (Mr Whelan).

No. 11 Collins v Ryan & Ors, postponed (Mr Whelan).

No. 14 Engineering Standards at Franklins, postponed (Mr Whelan).

No. 15 Standing Order 54^___Sydney Harbour Tunnel, postponed (Mr Murray).

No. 16 Picket at the Franklins Chullora Warehouse, postponed (Mr Gibson).

No. 17 Standing Order 54^___Monorail, postponed (Mr Murray).

No. 18 Developmentally Disabled Infants, postponed (Mr Moss).


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No. 19 Standing Order 54^___Darling Harbour, postponed (Mr Murray).

No. 20 Joint Standing Committee on Environmental Impact of Capital Works, postponed (Dr Macdonald).

8 RE-ORDERING OF GENERAL BUSINESS^___INDUSTRIAL RELATIONS (CONTRACTS OF CARRIAGE) AMENDMENT BILL

Mr Nagle moved, That General Business Order of the Day (for Bills) No. 15 (Industrial Relations (Contracts of Carriage) Amendment Bill) be re-ordered to take precedence on Thursday 12 May 1994.

Question put and passed.

9 SELECT COMMITTEE UPON THE OPERATIONS OF HOMEFUND AND FANMAC

Mr Hatton tabled the Report of the Committee upon the Operations of HomeFund and FANMAC, dated May 1994.

Ordered to be printed.

Mr Hatton also tabled^___

(1) Submissions to the Committee.

(2) Evidence taken by the Committee.

(3) Documents received from the Office of the Ombudsman.

(a) Report on the Operations of HomeFund and FANMAC.

(b) Report on the Role of Consumer Affairs regarding HomeFund, dated October 1993.

(c) Key Documents from Department of Housing and Treasury files.

10 MOTION FOR URGENT CONSIDERATION^___SUSPENSION OF STANDING ORDERS^___ROYAL COMMISSION INTO THE POLICE SERVICE

Mr Hatton moved, pursuant to notice, That Standing and Sessional Orders be suspended as would allow:

(1) The consideration forthwith with precedence of all other business of the following motion:

That this House calls upon the Premier, in consultation with the Leader of the Opposition, to establish a Royal Commission, staffed by personnel other than serving or former New South Wales police, to inquire into the operations of the Police Service, with particular reference to^___

(a) Entrenched corruption within the New South Wales Police Service.


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(b) The activities of the Professional Responsibility and Internal Affairs Branches of the Police Service in dealing with any problems of corruption and internal investigations generally.

(c) The system of promotion in the Service.

(d) The impartiality of the Service and other agencies in investigating and pursuing prosecutions including, but not limited to paedophile activity.

(e) The failure of the internal informers policy.

(f) Any other matter appertaining to the aforesaid matters concerning possible criminal activity, neglect or violation of duty, the inquiry into which the Royal Commissioner shall deem to be in the public interest.

That if such Royal Commission is not appointed by 20 July 1994, the House shall meet for the despatch of business on Tuesday, 26 July, 1994 at 2.15 p.m.

(2) The following time limits applying to the debate:

Mover of the Motion; Minister for
Police; Premier; and Leader of the Opposition Unlimited
Other speakers 20 minutes
Mover in reply 20 minutes

Question put and passed.

11 ROYAL COMMISSION INTO THE POLICE SERVICE

Mr Hatton moved, pursuant to notice,

"That" this House calls upon the Premier, in consultation with the Leader of the Opposition, to establish a Royal Commission, staffed by personnel other than serving or former New South Wales police, to inquire into the operations of the Police Service, with particular reference to^___

(a) Entrenched corruption within the New South Wales Police Service.

(b) The activities of the Professional Responsibility and Internal Affairs Branches of the Police Service in dealing with any problems of corruption and internal investigations generally.

(c) The system of promotion in the Service.

(d) The impartiality of the Service and other agencies in investigating and pursuing prosecutions including, but not limited to paedophile activity.

(e) The failure of the internal informers policy.


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(f) Any other matter appertaining to the aforesaid matters concerning possible criminal activity, neglect or violation of duty, the inquiry into which the Royal Commissioner shall deem to be in the public interest.

That if such Royal Commission is not appointed by 20 July 1994, the House shall meet for the despatch of business on Tuesday, 26 July, 1994 at 2.15 p.m.

Mr Fahey moved, That the motion be amended by leaving out all words after the word "That" with a view to inserting instead the following words:

"this House requests the Independent Commission Against Corruption to investigate, with personnel other than serving or former New South Wales police, and report into the operations of the Police Service, with particular reference to^___

(a) Entrenched corruption within the New South Wales Police Service.

(b) The activities of the Professional Responsibility and Internal Affairs Branches of the Police Service in dealing with any problems of corruption and internal investigations generally.

(c) The system of promotion in the Service.

(d) The impartiality of the Service and other agencies in investigating and pursuing prosecutions including, but not limited to paedophile activity.

(e) The failure of the internal informers policy.

(f) Any other matter appertaining to the aforesaid matters concerning possible criminal activity, neglect or violation of duty, the Independent Commission Against Corruption deems to be in the public interest."

Debate ensued.

Mrs Grusovin 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 of the day.

12 FISHERIES MANAGEMENT BILL

The Order of the Day was read.

Mr West moved, on behalf of Mr Causley, That this bill be now read a third time.

Question put and passed.

Bill read a third time.


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13 ROYAL COMMISSION INTO THE POLICE SERVICE

The Order of the Day was read for the resumption of the adjourned debate.

Question proposed^___That the amendment be agreed to.

Debate resumed.

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The House continued to sit after midnight^___

THURSDAY 12 MAY 1994 a.m.

Question put.

The House divided.
Ayes 45





VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
11 and 12 May 1994 a.m.

Mr Armstrong Mr Baird Mr Beck Mr Blackmore Mr Causley Mr Chappell Mrs Chikarovski Mr Cochran Mrs Cohen Mr Collins Mr Cruickshank Mr Debnam Mr Downy Mr Fahey Mr Fraser Mr Glachan

Mr Griffiths Mr Hartcher Mr Hazzard Dr Kernohan Mr Kinross Mr Longley Mr Merton Mr Morris Mr Murray Mr O'Doherty Mr D. L. Page Mr Peacocke Mr Phillips Mr Photios Mr Richardson Mr Rixon

Mr Schipp Mr Schultz Mrs Skinner Mr Smal l Mr Smith Mr Souris Mr Tink Mr Turner Mr West Mr Windsor Mr Zammit Tellers Mr Jeffery Mr Kerr



Noes 46





Ms Allan Mr Amery Mr Anderson Mr Aquilina Mr A. S. Aquilina Mr Bowman 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 Mr Rogan Mr Rumble Mr Scully Mr Shedden Mr Sullivan Mr Thompson Mr Whelan Mr Yeadon Tellers Mr Beckroge Mr Davoren

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Pairs




Mr Humpherson Ms Machin Mr Petch

Mr Carr Mr Clough Dr Refshauge

Question negatived.

Original question put.

The House divided.

Ayes 46



Ms Allan Mr Amery Mr Anderson Mr Aquilina Mr A. S. Aquilina Mr Bowman 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 Mr Rogan Mr Rumbl e Mr Scully Mr Shedden Mr Sullivan Mr Thompson Mr Whelan Mr Yeadon Tellers Mr Beckroge Mr Davoren

Noes 45

Mr Armstrong Mr Baird Mr Beck Mr Blackmore Mr Causley Mr Chappell Mrs Chikarovski Mr Cochran Mrs Cohen Mr Collins Mr Cruickshank Mr Debnam Mr Downy Mr Fahey Mr Fraser Mr Glachan

Mr Griffiths Mr Hartcher Mr Hazzard Dr Kernohan Mr Kinross Mr Longley Mr Merton Mr Morris Mr Murray Mr O'Doherty Mr D. L. Page Mr Peacocke Mr Phillips Mr Photios Mr Richardson Mr Rixon

Mr Schipp Mr Schultz Mrs Skinner Mr Small Mr Smith Mr Souris Mr Tink Mr Turner Mr West Mr Windsor Mr Zammit Tellers Mr Jeffery Mr Kerr



Pairs




Mr Carr Mr Clough Dr Refshauge	Mr Humpherson Ms Machin Mr Petch

Question passed.


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14 SUSPENSION OF STANDING ORDERS^___VOTE OF NO CONFIDENCE^___CHAIRMAN OF COMMITTEES

Mr West moved (by leave), That Standing and Sessional Orders be suspended to allow the consideration of General Business Notice of Motions (General Notices) No. 12 forthwith.

Question put and passed.

15 VOTE OF NO CONFIDENCE^___CHAIRMAN OF COMMITTEES

Mr Whelan moved, pursuant to notice, That this House deplores the action of the Chairman of Committees when during the proceedings of the Committee of the Whole on the Crimes Legislation (Unsworn Evidence) Amendment Bill on 3 May, 1994, he did not comply with the provisions of Standing Order 162 and therefore no longer possesses the confidence of the House.

Debate ensued.

Question put.

The House divided.
Ayes 43





Ms Allan Mr Amery Mr Anderson Mr Aquilina Mr A. S. Aquilina Mr Bowman Mr Crittenden Mr Doyle Mr Face Mr Gaudry Mr Gibson Mrs Grusovin Mr Harrison Mr Hunter Mr Iemma Mr Irwin

Mr Knight Mr Knowles Mr Langton Mrs Lo Po' Mr McBride Mr McManus Mr Markham Mr Martin Mr Mills Mr Moss Mr J. H. Murray Mr Nagle Mr Neilly Mr Newman Ms Nori Mr Page

Mr Price Mr Rogan Mr Rumble Mr Scully Mr Shedden Mr Sullivan Mr Thompson Mr Whelan Mr Yeadon Tellers Mr Beckroge Mr Davoren





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Noes 48




Mr Armstrong Mr Baird Mr Beck Mr Blackmore Mr Causley Mr Chappell Mrs Chikarovski Mr Cochran Mrs Cohen Mr Collins Mr Cruickshank Mr Debnam Mr Downy Mr Fraser Mr Glachan Mr Griffiths Mr Hartcher	Mr Hatton Mr Hazzard Mr Humpherson Dr Kernohan Mr Kinross Mr Longley Dr Macdonald Mr Merton Ms Moore Mr Morris Mr Murray Mr O'Doherty Mr D. L. Page Mr Peacocke Mr Phillips Mr Photios Mr Richardson	Mr Rixon Mr Schipp Mr Schultz Mrs Skinner Mr Small Mr Smith Mr Souris Mr Tink Mr Turner Mr West Mr Windsor Mr Zammit Tellers Mr Jeffery Mr Kerr

Pairs

Mr Carr Mr Clough Dr Refshau ge

Mr Fahey Ms Machin Mr Petch

Question negatived.
16 DISALLOWANCE OF REGULATION UNDER THE CLEAN WATERS ACT 1970

Notice of Motion under Standing Order 113A called on, postponed until tomorrow (Dr Macdonald).

17 CRIMES LEGISLATION (UNSWORN EVIDENCE) AMENDMENT BILL

The Order of the Day was read, Mr Speaker left the Chair, and the House resolved itself into a Committee of the Whole for the recommittal for the further consideration of the whole bill.

Mr Speaker resumed the Chair and the Chairman reported the bill a second time with an amendment.

On motion of Mr Hartcher, the Report was adopted.

Mr Speaker having consented to the third reading being taken forthwith.

Bill, on motion of Mr Hartcher, read a third time.

18 MESSAGE FROM THE LEGISLATIVE COUNCIL

Mr Speaker reported a message from the Legislative Council dated 11 May 1994, returning the Gaming and Betting (Telephone Betting) Amendment Bill, without amendment.

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19 FILM AND VIDEO TAPE CLASSIFICATION (AMENDMENT) BILL

Mr Speaker reported the following message from the Legislative Council:

Mr SPEAKER

The Legislative Council having this day passed a Bill intituled "An Act to amend the Film and Video Tape Classification Act 1984 to provide for the classification and regulation of computer games" transmits the Bill to the Legislative Assembly for concurrence.

Legislative Council M. F. WILLIS
11 May 1994 President

Bill read a first time.

Ordered by Mr Speaker, That the second reading stand an Order of the Day for tomorrow.

20 ADJOURNMENT

Mr Hartcher moved, That this House do now adjourn.

Question put and passed.

The House adjourned accordingly at 1.16 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









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