Notices of Motion No. 1, Wednesday 3 July 1991

All Hansard & Papers this day



    PARLIAMENT OF NEW SOUTH WALES

    __________

    No. 1
    __________


    LEGISLATIVE COUNCIL

    __________

    NOTICES OF MOTIONS

    AND

    ORDERS OF THE DAY

    ____________________

    FIRST SESSION OF THE FIFTIETH PARLIAMENT
    ____________________

    WEDNESDAY 3 JULY 1991


    The House meets this day at 10.30 a.m.



    CONTINGENT NOTICES OF MOTIONS
      1 Mr Egan to move___

        Contingent upon the President, a Minister or the Clerk tabling any report or document, Mr Egan to move after Notices of Motions: That so much of the Standing and Sessional Orders be suspended as would preclude the moving of a motion "That the House take note of the paper (to be stated)".

        (Notice given 2 July 1991)


        Page 2
      2 Mr Egan to move___

        Contingent upon the Clerk being called upon to read any Order of the Day: That so much of the Standing and Sessional Orders be suspended as would preclude a motion being moved forthwith that a particular Order of the Day on the Notice Paper of Government Business be called on forthwith.

        (Notice given 2 July 1991)

      3 Mr Egan to move___

        Contingent upon a motion being agreed to for the second reading of any Bill: That so much of the Standing Orders be suspended as would preclude the moving of a motion forthwith for an Instruction to the Committee of the Whole in relation to the Bill.

        (Notice given 2 July 1991)

      4 Mr Vaughan to move___

        Contingent upon the President, a Minister or the Clerk tabling any report or document, Mr Vaughan to move after Notices of Motions: That so much of the Standing and Sessional Orders be suspended as would preclude the moving of a motion "That the House take note of the paper (to be stated)".

        (Notice given 2 July 1991)

      5 Mr Vaughan to move___

        Contingent upon the Clerk being called upon to read any Order of the Day: That so much of the Standing and Sessional Orders be suspended as would preclude a motion being moved forthwith that a particular Order of the Day on the Notice Paper of Government Business be called on forthwith.

        (Notice given 2 July 1991)

      6 Mr Vaughan to move___

        Contingent upon a motion being agreed to for the second reading of any Bill: That so much of the Standing Orders be suspended as would preclude the moving of a motion forthwith for an Instruction to the Committee of the Whole in relation to the Bill.

        (Notice given 2 July 1991)


        Page 3
      7 Mr Dyer to move___

        Contingent upon the President, a Minister or the Clerk tabling any report or document, Mr Dyer to move after Notices of Motions: That so much of the Standing and Sessional Orders be suspended as would preclude the moving of a motion "That the House take note of the paper (to be stated)".

        (Notice given 2 July 1991)

      8 Mr Dyer to move___

        Contingent upon the Clerk being called upon to read any Order of the Day: That so much of the Standing and Sessional Orders be suspended as would preclude a motion being moved forthwith that a particular Order of the Day on the Notice Paper of Government Business be called on forthwith.

        (Notice given 2 July 1991)

      9 Mr Dyer to move___

        Contingent upon a motion being agreed to for the second reading of any Bill: That so much of the Standing Orders be suspended as would preclude the moving of a motion forthwith for an Instruction to the Committee of the Whole in relation to the Bill.

        (Notice given 2 July 1991)

      10 Mr Shaw to move___

        Contingent upon the President, a Minister or the Clerk tabling any report or document, Mr Shaw to move after Notices of Motions: That so much of the Standing and Sessional Orders be suspended as would preclude the moving of a motion "That the House take note of the paper (to be stated)".

        (Notice given 2 July 1991)

      11 Mr Shaw to move___

        Contingent upon the Clerk being called upon to read any Order of the Day: That so much of the Standing and Sessional Orders be suspended as would preclude a motion being moved forthwith that a particular Order of the Day on the Notice Paper of Government Business be called on forthwith.

        (Notice given 2 July 1991)

        Page 4
      12 Mr Shaw to move___

        Contingent upon a motion being agreed to for the second reading of any Bill: That so much of the Standing Orders be suspended as would preclude the moving of a motion forthwith for an Instruction to the Committee of the Whole in relation to the Bill.

        (Notice given 2 July 1991)

      13 Mr Enderbury to move___

        Contingent upon the President, a Minister or the Clerk tabling any report or document, Mr Enderbury to move after Notices of Motions: That so much of the Standing and Sessional Orders be suspended as would preclude the moving of a motion "That the House take note of the paper (to be stated)".

        (Notice given 2 July 1991)

      14 Mr Enderbury to move___

        Contingent upon the Clerk being called upon to read any Order of the Day: That so much of the Standing and Sessional Orders be suspended as would preclude a motion being moved forthwith that a particular Order of the Day on the Notice Paper of Government Business be called on forthwith.

        (Notice given 2 July 1991)

      15 Mr Enderbury to move___

        Contingent upon a motion being agreed to for the second reading of any Bill: That so much of the Standing Orders be suspended as would preclude the moving of a motion forthwith for an Instruction to the Committee of the Whole in relation to the Bill.

        (Notice given 2 July 1991)

      16 Mr Pickering to move___

        Contingent upon the President having read the Prayer and before proceeding to the calling of formal business: That the motion standing on the Notice Paper in relation to the office of President be called on forthwith.

        (Notice given 2 July 1991)



        Page 5
      BUSINESS OF THE HOUSE___NOTICES OF MOTIONS

      1 Mr Pickering to move___

        That the Honourable Duncan John Gay be appointed Chairman of Committees of the Whole House.

        (Notice given 2 July 1991)

      2 Mr Pickering to move___

        That, during the present Session and unless otherwise ordered, Standing Order 10A be amended to read:

        10A. Upon the President taking the Chair each day, if there be a Quorum present as provided by the 10th Standing Order, he shall offer the following Prayers:
          "Almighty God, we humbly beseech Thee to vouchsafe Thy blessing upon this Parliament. Direct and prosper our deliberations to the advancement of Thy glory, and the true welfare of the people of our State and Australia.
          Our Father, which art in Heaven: Hallowed be Thy name. Thy Kingdom come. Thy will be done in earth, as it is in Heaven. Give us this day our daily bread. And forgive us our trespasses, as we forgive them that trespass against us. And lead us not into temptation; but deliver us from evil: For Thine is the kingdom, and the power, and the glory, for ever and ever, Amen."

        (Notice given 2 July 1991)

      3 Mr Pickering to move___

        That, during the present Session and unless otherwise ordered, this House shall meet for the despatch of business at 10.30 a.m. on Monday, Thursday and Friday and at 2.30 p.m. on Tuesday and Wednesday each week.

        (Notice given 2 July 1991)

      4 Mr Pickering to move___

        (1) That, during the present Session and unless otherwise ordered, Questions shall commence at 4.00 p.m. on Monday, Tuesday and Wednesday and at 12 noon on Thursday and Friday.


        Page 6
        (2) If, at the time for interruption:
          (a) a division is in progress, the division shall be completed and the result announced;
          (b) the House is in Committee of the Whole, the Chairman shall leave the Chair and report progress,

        and any business then under discussion, if not disposed of, shall be set down on the Notice Paper for a later hour of the sitting.

        (Notice given 2 July 1991)

      5 Mr Pickering to move___

        That, during the present Session, a copy of every Petition received by the House shall be referred by the Clerk to the Minister responsible for the administration of the matter which is the subject of the Petition.

        (Notice given 2 July 1991)

      6 Mr Pickering to move___

        That, during the present Session:

        (1) Whenever a Minister shall intimate to the House that Bills specified by the Minister are cognate Bills:
          (a) such Bills may be introduced upon one Motion for leave and be presented and read a first time together;
          (b) one Motion may be moved and one Question put in regard to each of the several stages for the passage of such Bills through the Council; but
          (c) such Bills shall be considered separately in Committee of the Whole.

        (2) When Bills sent from the Assembly are reported by the President as cognate Bills, the first reading and subsequent stages shall be proceeded with in a similar manner.

        (Notice given 2 July 1991)



        Page 7
      7 Mr Pickering to move___

        That, during the present Session and unless otherwise ordered, the Leader of the Opposition and the Leader of any other party or group, where such leadership has been previously announced to the House, or a Member nominated by any such Leader, may speak to a ministerial statement. The remarks of any speaker shall not exceed the time taken by the Minister in making the statement.

        (Notice given 2 July 1991)

      8 Mr Pickering to move___

        That, during the present Session and unless otherwise ordered:

        (1) On any Motion for adjournment to terminate a sitting:
          (a) the Question shall be put not later than 15 minutes after such Motion has been moved or, when a Minister desires to speak or is then speaking, at the conclusion of the Minister's remarks;
          (b) any Member may speak for 5 minutes on matters not relevant to the Motion, but shall not refer to matters which are otherwise not in order.

        (2) Proceedings shall be interrupted at 4.15 p.m. on Thursday and 3.45 p.m. on Friday to permit a Motion for adjournment to be moved, if a Minister shall think fit, to terminate the sitting.

        (3) If, at the time of interruption:
          (a) a division is in progress, the division shall be completed and the result announced;
          (b) the House is in Committee of the Whole, the Chairman shall leave the Chair, report progress and seek leave to sit again.

        (4) When any business under discussion, if not disposed of, is interrupted by operation of this Sessional Order, the debate shall stand adjourned and be made an Order of the Day for the next sitting day at the end of Government or General Business, as the case may be, fixed for that day (but so as not to preclude the operation of Standing Order 67), unless a motion is moved without amendment or debate for the adjournment of the debate to another day (to be stated).

        (Notice given 2 July 1991)



        Page 8
      9 Mr Pickering to move___

        That, during the present Session and unless otherwise ordered, Members pairing on any division shall be recorded by the tellers and the names of all Members so paired shall be recorded upon the tellers' lists and printed in the Minutes of the Proceedings and Hansard.

        (Notice given 2 July 1991)

      10 Mr Pickering to move___

        That, during the present Session and unless otherwise ordered, a Minister may, before the House proceeds to the business of the day, make a statement in relation to any matter or matters raised on the Adjournment at a previous sitting.

        (Notice given 2 July 1991)

      11 Mr Pickering to move___

        That, as soon as practicable after each periodic Council election and whenever change shall occur, announcements may be made in the House as to the leadership in the House of parties or groups represented at such elections and of which parties or groups there are one or more persons who are Members of the House, provided such parties or groups are registered under the Parliamentary Electorates and Elections Act 1912.

        (Notice given 2 July 1991)

      12 Mr Pickering to move___

        That, during the present Session and notwithstanding anything contained in the Standing Orders, the procedure in relation to Questions on Notice is varied, as follows:

        (1) Notices of Questions shall be handed to one of the Clerks at the Table during the sitting of the House, duly signed.

        (2) The Clerk shall enter in a Questions and Answers Paper printed and circulated to Members, Notices of Questions in the order in which they are received.

        (3) The reply to a Question on Notice shall be delivered to the Clerk and shall appear in the Questions and Answers Paper.

        (4) During any adjournment of the House, replies to Questions on Notice may be delivered to the Clerk who shall cause a Questions and Answers Paper to be printed and circulated.


        Page 9
        (5) A Questions and Answers Paper shall be printed and circulated on any prorogation of the House.

        (Notice given 2 July 1991)

      13 Mr Pickering to move___

        That, during the present Session and unless otherwise ordered, Standing Order 191 be amended to read:
          191. After the third reading the Bill shall be deemed to have passed the House and the Clerk shall so certify, and the Bill shall be sent, with a Message, to the Assembly for concurrence.

        (Notice given 2 July 1991)

      14 Mr Pickering to move___

        That, during the present Session and notwithstanding anything contained in the Standing Orders:

        (1) When any Bill, except a Bill sent from the Assembly, has been read a first time and ordered to be printed the second reading may be moved forthwith or made an Order of the Day for a later hour or for a future day. Immediately following the second reading speech by the mover, debate thereon shall be adjourned until a future day which shall be at least five clear days ahead.

        (2) Provided that if a Minister declares a Bill to be an urgent Bill and copies have been circulated among Members, the Question "That the Bill be considered an urgent Bill" shall be put forthwith, no debate or amendment being allowed. On such Question being agreed to, the second reading debate and subsequent stages may be proceeded with forthwith or at any time during any sitting of the House.

        (Notice given 2 July 1991)

      15 Mr Pickering to move___

        That, during the present Session and unless otherwise ordered:

        (1) A Member may make a Motion, pursuant to notice given at a previous sitting "That the following important matter of public interest should be discussed forthwith (here stating the matter to be discussed)".


        Page 10
        (2) On the day proposed for bringing on such Motion it shall be called on immediately before the House is to proceed to the consideration of business set down on the Notice Paper for that day, except business taking precedence under Standing Order 55.

        (3) When the Motion has been made, the Question shall be decided without amendment or debate except a statement by the mover and a statement by a Minister not exceeding 10 minutes each.

        (4) If the Question is decided in the affirmative, subsequent discussion of the matter shall not exceed one and one half hours, whether on the same or subsequent sitting days, excepting the reply of the proposer.

        (5) The speech of the Member proposing the matter and the Minister or Member first speaking shall not exceed 15 minutes each. The speech of any other Member or the proposer in reply shall not exceed 10 minutes each. Every Member shall confine himself or herself to the one subject in respect of which the motion has been made.

        (6) When discussion of such a matter is adjourned until a subsequent sitting day the Order of the Day for its resumption shall take precedence of all other business on the Notice Paper for that sitting day except business taking precedence under Standing Order 55.

        (7) Only one such matter shall be proceeded with on any sitting day, but this provision shall not operate so as to preclude the resumption of an adjourned discussion and one such matter being dealt with.

        (Notice given 2 July 1991)

      16 Mr Pickering to move___

        That, during the present Session and unless otherwise ordered, the House shall proceed each day with its ordinary business in the following routine:

        (1) Formal Business under Standing Order 57.
        (2) Presentation of Petitions.
        (3) Notices of Motions.
        (4) Any proposal under Standing Order 13.
        (5) Ministerial Statements.
        (6) Ministerial replies to matters raised on the Adjournment.
        (7) Motions and Orders of the Day, or vice versa, as set down on the Notice Paper.

        (Notice given 2 July 1991)



        Page 11
      17 Mr Pickering to move___

        That, during the present Session, and notwithstanding anything in the Standing Orders to the contrary, on any amendment proposed in the House or Committee of the Whole, the Chair, unless otherwise determining, will put the question "That the amendment be agreed to".

        (Notice given 2 July 1991)

      18 Mr Pickering to move___

        That the Honourable John Richard Johnson, President, be removed from such office.

        (Notice given 2 July 1991)


      GOVERNMENT BUSINESS___NOTICES OF MOTIONS

      1 Mr Pickering to move___

        That leave be given to bring in a Bill for an Act to amend the Constitution Act 1902 in relation to the office of President of the Legislative Council and the quorum for meetings of the Legislative Council.

        (Constitution (Legislative Council) Further Amendment Bill)

        (Notice given 2 July 1991)

      2 Mr Pickering to move___

        That the Standing Orders Committee for the present Session consist of the following Members: The President, Mr Bull, Mr Dyer, Mrs Chadwick, Mr Egan, Mrs Evans, Mr Jobling, Ms Kirkby, the Revd Mr Nile, Mr Vaughan, Mr Webster and the Mover, with leave to sit during any adjournment and authority to confer upon subjects of mutual concernment with any Committee appointed for similar purposes by the Legislative Assembly.

        (Notice given 2 July 1991)



        Page 12
      3 Mr Pickering to move___

        That the House Committee for the present Session consist of the following Members: The President, Mr Enderbury, Mrs Isaksen, Mr Jobling, Ms Kirkby, Mr Moppett, Dr Pezzutti, Mrs Sham-Ho, Mr Smith and the Mover, with leave to sit during any adjournment, and authority to act in matters of mutual concernment with any Committee appointed for similar purposes by the Legislative Assembly.

        (Notice given 2 July 1991)

      4 Mr Pickering to move___

        That the Library Committee of this House for the present Session consist of the following Members: The President, Mrs Arena, Mrs Evans, Mrs Forsythe, Miss Gardiner, Mr Mutch, Mr O'Grady, Mr Samios, Mrs Symonds and Mr Smith, with leave to sit during any adjournment and authority to act jointly with the Library Committee of the Legislative Assembly in accordance with the Council's Resolution of 26 November 1968.

        (Notice given 2 July 1991)

      5 Mr Pickering to move___

        That the Printing Committee for the present Session consist of the following Members: Ms Burnswoods, Mr Enderbury, Mr Manson, Mr Moppett, Mr Mutch, Dr Pezzutti, Mr Samios and Mr Smith, with the following duties and powers, and to whom shall be referred all Petitions presented to the House, and all Papers laid upon the Table. It shall be the duty of such Committee to report from time to time which of the Petitions and Papers referred to them ought, in their opinion, to be printed, and whether in full or in abstract; and it shall be in the power of the Committee to order such Petitions or Papers, or abstracts thereof, to be prepared for the Printer by the Clerk in attendance upon such Committee and such Papers or abstracts shall be printed, unless the House otherwise order.

        (Notice given 2 July 1991)

      6 Mr Pickering to move___

        (1) That in accordance with section 63 of the Independent Commission Against Corruption Act 1988 a joint committee known as the Committee on the Independent Commission Against Corruption be appointed.

        (2) That in accordance with section 65 (1) (a) of the Independent Commission Against Corruption Act 1988, Ms Burnswoods, Mr Gay and Mr Mutch be appointed to serve on such Committee as the Members of the Legislative Council.


        Page 13
        (3) That should the House stand adjourned and the Committee on the Independent Commission Against Corruption agree to any report before the House resumes sitting___
          (a) the Committee have leave to send any such report, minutes of proceedings and evidence taken before it to the Clerk of the House;
          (b) the documents shall be printed and published and the Clerk shall forthwith take such action as is necessary to give effect to the order of the House; and
          (c) the documents shall be laid upon the Table of the House at its next sitting.

        (Notice given 2 July 1991)

      7 Mr Pickering to move___

        (1) That in accordance with section 31A of the Ombudsman Act 1974 a Joint Committee known as the Committee on the Office of the Ombudsman be appointed.

        (2) That in accordance with section 31C (1) (a) of the Ombudsman Act 1974 Dr Burgmann, Mr Gay and Mr Mutch be appointed to serve on such Committee as the Members of the Legislative Council.

        (Notice given 2 July 1991)

      8 Mr Pickering to move___

        That in pursuance of section 40 of the University of Sydney Act 1989 Mr Samios be elected as the representative of the Legislative Council on the University of Sydney Senate to be constituted in accordance with the University of Sydney Act 1989.

        (Notice given 2 July 1991)

      9 Mr Pickering to move___

        That Dr Pezzutti be elected as the representative of the Legislative Council on the Council of the University of New South Wales in pursuance of the provisions of section 8 of the University of New South Wales Act 1968.

        (Notice given 2 July 1991)



        Page 14
      10 Mr Pickering to move___

        That in pursuance of section 32 of the Macquarie University Act 1989 Mrs Sham-Ho be elected as the representative of the Legislative Council on the Macquarie University Council to be constituted in accordance with the Macquarie University Act 1989.

        (Notice given 2 July 1991)

      11 Mr Pickering to move___

        That Mr Jobling be elected as the representative of the Legislative Council on the Council of the University of Newcastle in pursuance of the provisions of section 10 of the University of Newcastle Act 1964.

        (Notice given 2 July 1991)

      12 Mr Pickering to move___

        That in pursuance of section 32 of the University of Wollongong Act 1989 Mr Mutch be elected as the representative of the Legislative Council on the University of Wollongong Council to be constituted in accordance with the University of Wollongong Act 1989.

        (Notice given 2 July 1991)

      13 Mr Pickering to move___

        That Mrs Evans be elected as the representative of the Legislative Council on the Council of the University of New England in pursuance of the provisions of section 10 of the University of New England Act 1953.

        (Notice given 2 July 1991)

      14 Mr Pickering to move___

        That Dr Goldsmith be elected as the representative of the Legislative Council on the Board of Governors of the University of Western Sydney in pursuance of the provisions of section 9 of the University of Western Sydney Act 1988.

        (Notice given 2 July 1991)



        Page 15
      15 Mr Pickering to move___

        That Mr Bull be elected as the representative of the Legislative Council on the Council of the University of Technology, Sydney in pursuance of the provisions of section 11 of the University of Technology, Sydney Act 1987.

        (Notice given 2 July 1991)

      16 Mr Pickering to move___

        That Mr Gay be elected as the representative of the Legislative Council on the Board of Governors of the Charles Sturt University in pursuance of the provisions of section 9 (3) (a) of the Charles Sturt University Act 1989.

        (Notice given 2 July 1991)

      17 Mr Pickering to move___

        That Mr Egan and Mr Samios be appointed as Trustees of the Parliamentary Contributory Superannuation Fund in pursuance of the provisions of section 14 of the Parliamentary Contributory Superannuation Act 1971.

        (Notice given 2 July 1991)

      18 Mr Pickering to move___

        1. That the following Standing Committees are appointed___

        (a) Social Issues Committee; and

        (b) State Development Committee.

        2. The functions of the Social Issues Committee are, where required or permitted by this resolution, to inquire into, consider and report to the Legislative Council from time to time on___

        (a) any proposal, matter or thing concerned with the social development of the people in all areas of New South Wales;

        (b) the equality of access to the services and benefits provided by the government and non-government sector to the people in all areas of New South Wales;

        (c) the opportunities available to the people in all areas of New South Wales to attain their optimum level of personal development; and

        (d) the role of government in promoting the welfare of the people in all areas of New South Wales.

        Page 16

        3. The functions of the State Development Committee are, where required or permitted by this resolution, to inquire into, consider and report to the Legislative Council from time to time on___

        (a) options for future policy directions and emerging issues to ensure that opportunities for sound growth and wise development for the benefit of the people in all areas of New South Wales are pursued;

        (b) any proposal, matter or thing concerned with employment, resources and energy, primary industry, industrial and technological developments and environmental issues in New South Wales;

        (c) future technological strategy, including monitoring emerging technology;

        (d) employment practices, issues and conditions, including monitoring developments in other countries;

        (e) the management of employment-generating industries and enterprises within New South Wales; and

        (f) any proposal, matter or thing concerned with the problems or disadvantages uniquely or predominantly experienced in country areas, including the viability of cities and towns in those areas.

        4. The Social Issues Committee shall consist of 10 members, of whom___

        (a) 5 shall be Government members; and

        (b) 5 shall be non-Government members.

        5. The State Development Committee shall consist of 7 members, of whom___

        (a) 4 shall be Government members; and

        (b) 3 shall be non-Government members.

        6. The Standing Committees shall comprise the following members:

        (a) Social Issues Committee___Mrs Arena, Mr Bull, Mr Enderbury, Dr Goldsmith, Ms Kirkby, Mr Moppett, the Revd Mr Nile, Mr Ryan, Mrs Sham-Ho, Mrs Symonds; and

        (b) State Development Committee___Mrs Evans, Miss Gardiner, Mrs Isaksen, Mr Jones, Mr Macdonald, Mr Mutch, Dr Pezzutti.

        7. The quorum of a Standing Committee shall be three members, of whom two shall be Government members.

        Page 17

        8. Where a Member fails to attend 4 consecutive meetings of a Standing Committee such absence shall be reported to the House.

        9. (1) A Standing Committee shall have power to appoint sub-committees consisting of three or more of its members___

        (a) to assist the Committee in the exercise of any of its functions; or

        (b) to investigate and report upon any matter referred to the Committee.

        (2) The Committee shall appoint one of its members to act as Chairman of any sub-committee and the member so appointed shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.

        (3) The quorum of a sub-committee shall be a majority of the members appointed to the sub-committee.

        (4) A sub-committee, in relation to any matter referred to it by the Committee, shall report to the Committee which may adopt the report or reject the report or adopt the report with variations.

        (5) A sub-committee shall conduct its meetings and business in the same manner as the Committee appointing it.

        10. (1) The Leader of the Government shall nominate the Chairman of each Standing Committee.

        (2) The Leader of the Opposition shall nominate the Deputy Chairman of each Standing Committee.

        (3) The member nominated as Deputy Chairman shall act as Chairman at any time when the Chairman is absent from a meeting.

        (4) In the absence of both the Chairman and Deputy Chairman from a meeting of a Standing Committee, a member of the Committee shall be elected by the members present to act as Chairman for that meeting of the Committee.

        (5) The Chairman, Deputy Chairman or other member acting as Chairman at a meeting of a Committee shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.

        11. The Chairmen of the Standing Committees may report to the President on any matters relating to the functioning and operation of the Standing Committees.


        Page 18
        12. Except where otherwise provided by this resolution, a Standing Committee___

        (a) shall inquire into, consider and report to the Legislative Council on any proposal, matter or thing relevant to the functions of the Committee which is referred to the Committee___

        (i) by resolution of the Legislative Council; or

        (ii) by a Minister of the Crown; and

        (b) may inquire into and report to the Legislative Council on any annual report or petition relevant to the functions of the Committee which is referred to the Committee under paragraph 12.

        13. (1) All annual reports and petitions laid upon the Table of the Legislative Council shall, without any question being put, stand referred to the Standing Committees for consideration and, if necessary, report thereon.

        (2) The Clerk of the Parliaments shall transmit a copy of each annual report and petition to the Standing Committee deemed appropriate by the President.

        14. The priority to be accorded to a reference received by a Standing Committee may, as occasion shall require, be determined by the Chairman of that Committee.

        15. A Standing Committee or any sub-committee shall have power to send for and examine persons, papers, records and things; to adjourn from place to place; and to make visits of inspection within Australia and, with the approval of the President, outside Australia.

        16. (1) A Standing Committee, with the approval of the President shall be provided with such finance, staff, facilities and resources (including specialist consultants) as may be necessary to enable it to carry out its functions.

        (2) A Standing Committee may, with the consent of the appropriate Minister, make use of the services of any staff or facilities of a government department, administrative office or public body.

        17. Any person or body may make written submissions to a Standing Committee with respect to any inquiry being conducted by the Committee.

        18. A Standing Committee shall take all evidence in public, unless a Committee otherwise orders.

        19. Unless a Standing Committee otherwise orders in a particular case, a person or body shall not be entitled or permitted to be represented by counsel or a solicitor at a hearing of the Standing Committee.


        Page 19
        20. A Standing Committee shall have power to request the attendance of and examine members of the Legislative Council.

        21. Unless a Standing Committee otherwise orders, a member of the Legislative Council who is not a member of the relevant Committee may take part in its public proceedings and question witnesses but shall not vote, move any motion or be counted for the purpose of any quorum or division.

        22. A Standing Committee or any sub-committee may___

        (a) join together with any other Standing or Select Committee of the Legislative Council or Legislative Assembly to take evidence, deliberate and make joint reports on matters of mutual concern; and

        (b) meet with any other State or Commonwealth parliamentary committees to inquire into matters of mutual concern.

        23. (1) A Standing Committee shall have power to publish, before presentation to the Legislative Council, such papers and evidence taken in public as may be ordered by it.

        (2) A Standing Committee may___

        (a) make available to any member of the public a copy of___

        (i) any written submissions made to it;

        (ii) the report of any inquiry carried out by it; or

        (iii) the record of any evidence taken in public; and

        (b) charge a reasonable sum for making such copies available.

        (3) A copy of all evidence taken in public by a Standing Committee shall be placed in the Parliamentary Library.

        24. (1) A Standing Committee shall have leave to report to the Legislative Council from time to time its proceedings, evidence taken in public, and such recommendations as it may deem fit.

        (2) A Standing Committee may include in any report made to the Legislative Council a draft Bill to give effect to such of the recommendations of the Committee as cannot be given effect otherwise than by an Act.

        (3) For the purposes of preparing a draft Bill for incorporation in a report to the Legislative Council a Standing Committee may, with the consent of the Attorney-General, make use of the services of any staff of the Parliamentary Counsel's Office.

        (4) A Standing Committee may publish discussion papers for the purpose of any inquiry.

        Page 20

        25. One or more members of a Standing Committee may append to a report of the Committee made to the Legislative Council a statement of dissent in relation to any part of the report.

        26. A Standing Committee shall cause each report of the Committee made to the Legislative Council to be laid before the House within 10 days of the report being adopted by the Committee.

        27. (1) Upon the tabling of a report from a Standing Committee a motion may be moved, without notice, That the House take note of the report.

        (2) At the conclusion of the speech of the mover, the debate shall be adjourned until the next Thursday on which General Business has precedence. The Order of the Day for the resumption of the debate shall take precedence of all other General Business set down on the Notice Paper for that day.

        (3) Unless otherwise ordered, the Orders of the Day for the resumption of debates on Committee reports shall be set down on the Notice Paper in the order in which the reports were presented.

        (4) The debate on Committee reports pursuant to this sessional order on any Thursday on which General Business has precedence shall be interrupted after the expiration of 1 hour. The interrupted debate shall stand adjourned and be set down on the Notice Paper for the next Thursday on which General Business has precedence.

        28. (1) If, at the time at which a Standing Committee seeks to report to the Legislative Council, the House is not sitting, the Committee shall present copies of its report to the Clerk of the Parliaments.

        (2) A report so presented shall___

        (a) on presentation, and for all purposes, be deemed to have been laid before the House;

        (b) be printed by authority of the Clerk;

        (c) for all purposes, be deemed to be a document published by order or under the authority of the House; and

        (d) be recorded in the Minutes of the Proceedings of the Legislative Council.

        29. Upon the tabling of a report from a Standing Committee, which recommends that particular action be taken by the Government, the Clerk of the Parliaments shall refer the report to the Leader of the Government in the Legislative Council who shall, within 6 months of a report being laid upon the Table, report to the House as to what action (if any) the Government proposes to take in relation to the recommendations of the Committee.


        Page 21
        30. A Standing Committee or any sub-committee shall not sit whilst the Legislative Council is sitting unless the House otherwise orders.
          31. A Standing Committee shall prepare an annual report of its operations for each financial year for presentation to the President.

          32. The Clerk of the Parliaments shall call the first meeting of each Standing Committee in such manner as the Clerk thinks fit.

          33. The above provisions shall have effect notwithstanding anything to the contrary in the Standing Orders.

          (Notice given 2 July 1991)

        19 Mr Webster to move___

          That leave be given to bring in a Bill for an Act to amend the Electricity Act 1945 with respect to electrical safety, the administration of electricity supply authorities and offences relating to electricity; to amend certain other Acts; and for other purposes.

          (Electricity and Other Legislation (Amendment) Bill)

          (Notice given 2 July 1991)


        GENERAL BUSINESS___NOTICES OF MOTIONS

        1 Revd Mr Nile to move___

          That leave be given to bring in a Bill for an Act to prohibit the procurement of a miscarriage at abortion clinics and private hospitals.

          (Procurement of Miscarriage Limitation Bill)

          (Notice given 2 July 1991)



          Page 22
        2 Revd Mr Nile to move___

          That leave be given to bring in a Bill for an Act to clarify the legal status of an unborn child, to provide legal protection and rights for an unborn child, to make provisions for the claiming and payment of compensation in the event of the death of an unborn child by accident or malicious action, and for purposes connected therewith.

          (Unborn Child Protection Bill)

          (Notice given 2 July 1991)

        3 Revd Mr Nile to move___

          That leave be given to bring in a Bill for an Act to provide for the initiation of referendums by citizens.

          (Citizens Initiated Referendums Bill)

          (Notice given 2 July 1991)

        4 Revd Mr Nile to move___

          That leave be given to bring in a Bill for an Act to prohibit the advertising of tobacco and tobacco products, trade marks, brand names and logos, and for other purposes.

          (Tobacco Advertising Prohibition Bill)

          (Notice given 2 July 1991)

        5 Revd Mr Nile to move___

          That the Standing Committee on Social Issues investigate and report upon proposals to establish legal casinos in New South Wales, and in particular:
            (a) the social, moral and economic impact of casinos on:

          (i) the State of New South Wales; and

          (ii) the family;


          Page 23
            (b) the relationship between casinos and organised crime, including the laundering of income and profits from both drug trafficking and corrupt activities such as bribery of public officials, prostitution, pornography and illegal gambling.

          (Notice given 2 July 1991)

        6 Revd Mr Nile to move___

          That leave be given to bring in a Bill for an Act to form a Family Impact Commission to conduct Family Impact Studies into the moral, social and economic impact of relevant legislation and Appropriations upon the traditional family unit.

          (Family Impact Commission Bill)

          (Notice given 2 July 1991)

        7 Revd Mr Nile to move___

          That this House calls on the Government to prohibit any future Homosexual and Lesbian Mardi Gras Parades on the public streets of New South Wales in view of the AIDS epidemic and the provocation of assaults on homosexuals.

          (Notice given 2 July 1991)

        8 Ms Kirkby to move___

          That leave be given to bring in a Bill for an Act to amend the Interpretation Act 1987 to provide that a statutory rule has no effect if written notice of the making of the statutory rule is not laid before each House of Parliament.

          (Interpretation (Amendment) Bill)

          (Notice given 2 July 1991)



          Page 24
        9 Ms Kirkby to move___

          That leave be given to bring in a Bill for an Act to amend the Coroners Act 1980 to provide for a wider right of representation of parties at inquests and inquiries; to provide for certain inquiries relating to Edgar John Azzopardi to be held; to amend the Jury Act 1977 and for other purposes.

          (Coroners (Amendment) Bill)

          (Notice given 2 July 1991)

        10 Ms Kirkby to move___

          That, notwithstanding anything contained in the Standing Orders, during the present session the following scheme be adopted for the consideration of the Budget Estimates and related papers:

          (1) Estimates Committees A, B, C and D are hereby appointed.

          (2) The Estimates Committees shall deal with the estimates as follows:
            Estimates Committee A
            Organisational Units of Minister for Police and Emergency Services, Vice-President of the Executive Council and___
              The Legislature
              Premier, Treasurer and Minister for Ethnic Affairs
              Attorney General, Minister for Consumer Affairs, and Minister for Arts
              Minister for Industrial Relations and Minister for Further Education, Training and Employment
            Estimates Committee B
            Organisational Units of Minister for Sport, Recreation and Racing, Minister Assisting the Premier and___
              Minister for Conservation and Land Management
              Minister for Agriculture and Rural Affairs
              Minister for Transport
              Minister for Natural Resources


          Page 25
            Estimates Committee C
            Organisational Units of Minister for School Education and Youth Affairs and___
              Minister for the Environment
              Minister for Health and Community Services
              Minister for Health Services Management
              Chief Secretary, and Minister for Administrative Services
            Estimates Committee D
            Organisational Units of Minister for State Development, Minister for Tourism and___
                Deputy Premier, Minister for Public Works and Minister for Roads
                Minister for Planning and Minister for Energy
                Minister for Justice
                Minister for Housing
                Minister for Local Government and Minister for Cooperatives

          (3) The annual estimates contained in the papers presenting the particulars of proposed expenditure shall on motion be referred to the Committees for examination and report.

          (4) Each Committee shall consist of 7 Members of whom:
            (a) 4 shall be Government Members; and
            (b) 3 shall be non-Government Members.

          (5) The Leader of the Government shall nominate the Government Members on the Committees.

          (6) The Leader of the Opposition shall nominate the non-Government Members on the Committees. The Leader of the Opposition shall, after negotiation with the Australian Democrats and the other groups and independents represented in the Legislative Council make provision for these Members to be represented amongst the non-Government Members of the Committees. The Leader of the Opposition shall notify the President of the terms of the agreement and, in the absence of an agreement being reached, the House shall determine the non-Government representation.

          (7) The Chairmen of the Committees shall be Government Members.


          Page 26
          (8) A Chairman may from time to time appoint another member of the Committee to act as Deputy Chairman and the member so appointed shall act as Chairman when there is no Chairman or the Chairman is not present at a meeting of the Committee.

          (9) In the absence of both the Chairman and the Deputy Chairman, a member of the Committee shall be elected by the members present to act as Chairman for that meeting of the Committee.

          (10) In the event of a vacancy occurring in the membership of a Committee, the Leader of the Government or the Leader of the Opposition shall nominate a substitute member having regard to the membership of the Committee as originally constituted.

          (11) The quorum of a Committee shall be 4 members.

          (12) A Member though not a member of a Committee may attend and participate in its deliberations, and question witnesses, unless the Committee orders otherwise, but shall not vote, move any motion or be counted for the purposes of any quorum or division.

          (13) The Committee shall hear all evidence in public unless it otherwise orders.

          (14) A Committee shall have leave to sit during the sittings or any adjournment of the House, to adjourn from place to place, and power to send for and examine persons, papers, records and things and to report from time to time.

          (15) Not more than 2 Estimates Committees shall sit simultaneously.

          (16) When a Committee considers the Estimates, the Chairman shall, without motion, call over each program area in each Organisational Unit's Estimates and declare the proposed expenditure open for examination.

          (17) The Committee may ask for explanations from Ministers in the Legislative Council, or officers, relating to the items of proposed expenditure.

          (18) The report of a Committee may propose the further consideration of any items. A statement of dissent in relation to any part of a report may be appended by a member of a Committee to a report.

          (19) The reports from the Committees shall be received by the Legislative Council without debate and their consideration deferred until consideration of the Appropriation Bill.

          (20) A Committee shall have power to publish, before presentation to the Legislative Council, such papers and evidence taken in public as may be ordered by it.


          Page 27
          (21) A Hansard report of Committee proceedings shall be circulated as soon as practicable after each day's proceedings.

          (22) The Clerk of the Parliaments shall call the first meetings of the Committees.

          (Notice given 2 July 1991)

        11 Mrs Arena to move___

          That the Standing Committee on Social Issues investigate and report on, as a matter of urgency:
            (a) whether patients who have contracted HIV infection through blood, or blood product, transfusion, or via artificial insemination from a donor, are receiving adequate and comprehensive health and welfare services;
            (b) whether compensation should be paid by the Government to patients who have contracted HIV infection through blood, or blood product, transfusion, or via artificial insemination from a donor; and
            (c) whether the decision regarding the suitability of blood and semen donors made by health authorities in 1983/84 was appropriate in light of the information available at the time regarding HIV infection.

          (Notice given 2 July 1991)

        12 Mrs Nile to move___

          That leave be given to bring in a Bill for an Act to amend the Nurses Act 1991 to provide for conscientious objection by nurses on the grounds of moral or religious beliefs.

          (Nurses (Conscientious Objection) Amendment Bill)

          (Notice given 2 July 1991)



          Page 28
        13 Mrs Nile to move___

          That leave be given to bring in a Bill for an Act to enable the victims of rape and sexual assault to sue for damages the publishers, producers, distributors, advertisers and retailers of any pornographic video, film and/or magazine which provided an incitement for such an attack or assault.

          (Rape and Sexual Assault Damages Bill)

          (Notice given 2 July 1991)

        14 Mrs Nile to move___

          That leave be given to bring in a Bill for an Act to provide an ex-gratia payment for the victims and dependents of persons infected with the AIDS (HIV) virus through medical procedures such as blood transfusions, blood products or the Artificial Insemination Donor program.

          (Medically Acquired AIDS Victims Compensation Bill)

          (Notice given 2 July 1991)







          Lynn Lovelock
          Acting Clerk of the Parliaments










          ___________________
          Authorised by the Parliament of New South Wales