Minutes No. 9, Thursday 3 June 1999

129

PARLIAMENT OF NEW SOUTH WALES
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No. 9
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MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL
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FIRST SESSION OF THE FIFTY-SECOND PARLIAMENT
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THURSDAY 3 JUNE 1999

1 The House met at 11.00 am according to adjournment. The 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 David Ernest Oldfield 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 Carmel Mary Tebbutt, BEc 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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]2 RACING ADMINISTRATION AMENDMENT BILL

The President reported the following Message from the Legislative Assembly:

MADAM PRESIDENT

The Legislative Assembly has this day passed a Bill titled “An Act to amend the Racing Administration Act 1998 to enable prescribed persons and bodies to publish certain betting information relating to interstate totalizator operations; and for other purposes” and presents the same to the Legislative Council for its concurrence.

Legislative Assembly JOHN MURRAY
2 June 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.


3 PAPER

Ms Tebbutt tabled the undermentioned Paper:

Olympic Co-ordination Authority Act 1995—Report of the Olympic Co-ordination Authority—Olympic Village Summary of Contracts, dated January 1999.


4 STATUTORY RULES AND INSTRUMENTS TABLED BY THE CLERK

The Clerk tabled the undermentioned Statutory Rules and Instruments, published in the Government Gazette to Friday 28 May 1999.

Statutory Rules and Instruments:

(1) Agricultural Industry Services Act 1998—Agricultural Industry Services (Murray Valley (NSW) Wine Grape Industry Development Committee) Regulation 1999 (Gazette 63, 28/5/99, p 3573).

(2) Dairy Industry Act 1979—Dairy Industry Conference Regulation 1999 (Gazette 63, 28/5/99, p 3582).

(3) Fisheries Management Act 1994—Fisheries Management (Aquaculture) Amendment Regulation 1999 (Gazette 63, 28/5/99, p 3603).

(4) Food Act 1989—Food (General) Amendment (Oyster Purification) Regulation 1999 (Gazette 63, 28/5/99, p 3608).

(5) Freedom of Information Act 1989—Freedom of Information (General) Amendment Regulation 1999 (Gazette 63, 28/5/99, p 3610).


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(6) Intoxicated Persons Act 1979—Intoxicated Persons Regulation 1999 (Gazette 63, 28/5/99, p 3612).

(7) National Parks and Wildlife Act 1974—

(a) Proclamation under section 33 (3) reserving lands as part of Morton National Park (Gazette 63, 28/5/99, p 3756),
(b) Proclamation under section 49 (1) dedicating lands as Cullendulla Creek Nature Reserve (Gazette 63, 28/5/99, p 3757).

(8) Prisoners (Interstate Transfer) Act 1982—Prisoners (Interstate Transfer) Regulation 1999 (Gazette 63, 28/5/99, p 3620).

(9) Road Transport (Vehicle Registration) Act 1997—Road Transport (Vehicle Registration) Amendment (Fees) Regulation 1999 (Gazette 63, 28/5/99, p 3657).

(10) Stock (Chemical Residues) Act 1975—Stock (Chemical Residues) Amendment (Reporting of Test Results) Regulation 1999 (Gazette 63, 28/5/99, p 3661).

(11) Unhealthy Building Land Act 1990—Unhealthy Building Land Amendment Regulation 1999 (Gazette 63, 28/5/99, p 3666).


5 PETITIONS

Circus Animals

Mr Richard Jones presented a petition from 30 citizens of New South Wales opposing the use of wild circus animals and praying that the House will end the suffering of wild animals in circuses.

Petition received.


6 NOTICES OF MOTIONS


7 CITIZENSHIP MINISTRY

Order of the Day read for resumption of the adjourned debate of the question on the motion of Mr Samios:

That this House:

1. Condemns the Premier and Minister for Citizenship, for failing to consult with peak and other ethnic community bodies and leaders, prior to the Government’s announcement on 8 April 1999 in regard to:

(a) the change to the name of the portfolio of Ethnic Affairs to Citizenship, and
(b) the change of the name of the Ethnic Affairs Commission to the Community Relations Commission.

2. Calls on the Carr Government to reverse its decisions in relation to the changes as a matter of urgency.


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Upon which Dr Wong has moved: That the question be amended as follows:

No. 1 Paragraph 1. Omit “Condemns”. Insert instead “Expresses its grave concern that”.

No. 2 Paragraph 2. Omit the paragraph. Insert instead:

2. Calls on the Carr Government to:
(a) reverse its decision in relation to the changes as a matter of urgency, and
(b) consult with and heed the wishes of the peak and other ethnic communities and leaders on any changes to the name, objects or functions of the Ethnic Affairs Commission of New South Wales.

Debate resumed.

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

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8 QUESTIONS


9 CITIZENSHIP MINISTRY

Order of the Day read for resumption of the interrupted debate of the question on the motion of Mr Samios:

That this House:

1. Condemns the Premier and Minister for Citizenship, for failing to consult with peak and other ethnic community bodies and leaders, prior to the Government’s announcement on 8 April 1999 in regard to:

(a) the change to the name of the portfolio of Ethnic Affairs to Citizenship, and
(b) the change of the name of the Ethnic Affairs Commission to the Community Relations Commission.

2. Calls on the Carr Government to reverse its decisions in relation to the changes as a matter of urgency.

Upon which Dr Wong has moved: That the question be amended as follows:

No. 1 Paragraph 1. Omit “Condemns”. Insert instead “Expresses its grave concern that”.

No. 2 Paragraph 2. Omit the paragraph. Insert instead:

2. Calls on the Carr Government to:
(a) reverse its decision in relation to the changes as a matter of urgency, and


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(b) consult with and heed the wishes of the peak and other ethnic communities and leaders on any changes to the name, objects or functions of the Ethnic Affairs Commission of New South Wales.

Debate resumed.

Mr Obeid moved: That the question be amended by omitting all words after “That this House” and inserting instead:

“requests the Premier to consult with and consider the views of the community on proposed changes to the name, objects and functions of the Ethnic Affairs Commission of NSW.”

Debate continued.

Question put: That the amendment of Dr Wong be agreed to.

The House divided.

Ayes 24

Mr Breen Mr Bull Dr Chesterfield-Evans Mr Cohen Mr Corbett Mrs Forsythe Mr Gallacher Miss Gardiner

Mr Gay Mr Hannaford Mr Harwin Mr Jobling* Mr Malcolm Jones Mr Richard Jones Mr Lynn Mr Moppett*

Mrs Nile Revd Mr Nile Ms Rhiannon Mr Ryan Mr Samios Mrs Sham-Ho Mr Tingle Dr Wong * Tellers

Noes 15

Ms Burnswoods Mr Della Bosca Mr Dyer Mr Egan Mr Hatzistergos

Mr Johnson Mr Kelly Mr Macdonald* Mr Manson Mr Obeid

Mr Oldfield Mr Primrose* Ms Saffin Ms Tebbutt Mr Tsang * Tellers

Pairs

Dr Pezzutti

Mr Shaw

Question resolved in the affirmative.

The amendment of Mr Obeid being no longer admissible

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.Original question, as amended:

That this House:

1. Expresses its grave concern that the Premier and Minister for Citizenship, for failing to consult with peak and other ethnic community bodies and leaders, prior to the Government’s announcement on 8 April 1999 in regard to:

(a) the change to the name of the portfolio of Ethnic Affairs to Citizenship, and
(b) the change of the name of the Ethnic Affairs Commission to the Community Relations Commission.

2. Calls on the Carr Government to:

(a) reverse its decision in relation to the changes as a matter of urgency, and
(b) consult with and heed the wishes of the peak and other ethnic communities and leaders on any changes to the name, objects or functions of the Ethnic Affairs Commission of New South Wales—put and passed.

10 ABORIGINAL RECONCILIATION

Order of the Day read for resumption of the adjourned debate of the question on the motion of Mrs Sham-Ho:

That this House:

1. Affirms that Aboriginal Reconciliation is a priority of this State.

2. Understands that the Reconciliation process will only occur when social justice is achieved for all Australians.

3. Recognises the need for the legislative and other powers of the State to be used to address the profound economic and social disadvantage continuing to be suffered by indigenous Australians, with specific emphasis on and practical measures to address health, housing, education, environment, law and employment.

Debate resumed.

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Mrs Sham-Ho, by leave, tabled an address by the Governor-General on receiving a Draft Document for Reconciliation, Sydney, 3 June 1999.

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Debate continued.

Question put and passed

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.11 DISCUSSION PAPER ON AGE MATTERS

Mr Primrose moved, according to Notice:

That this House notes the discussion paper issued by the Human Rights and Equal Opportunity Commission entitled “Age Matters”.

Debate ensued.

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

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The House continued to sit.

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According to Sessional Order, Government Business proceeded with after 5.00 pm.

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12 PARLIAMENTARY COMMITTEES LEGISLATION AMENDMENT BILL (NO. 2)

The President reported the following Message from the Legislative Assembly:

MADAM PRESIDENT

The Legislative Assembly has this day passed a Bill titled “An Act to amend the Acts that establish certain parliamentary committees to vary the number of members on those committees; and to make consequential amendments relating to the quorums for meetings of those committees” and presents the same to the Legislative Council for its concurrence.

Legislative Assembly JOHN MURRAY
3 June 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.

13 JOINT STANDING COMMITTEE ON ROAD SAFETY

The President reported the following Message from the Legislative Assembly

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:MADAM PRESIDENT

The Legislative Assembly informs the Legislative Council that it has this day agreed to the following resolution—

That a Joint Standing Committee be appointed to inquire into and report upon road safety in New South Wales with the following Terms of Reference:

(1) As an ongoing task, the committee is to—
(a) monitor, investigate and report on the road safety situation in New South Wales; and
(b) review and report on countermeasures aimed at reducing deaths, injuries, and the social and economic costs to the community arising from road accidents.
Without restricting the generality of the foregoing, the following are to be given urgent consideration—
(i) countermeasures aimed at traffic accidents associated with alcohol and other drugs;
(ii) traffic law enforcement measures and their effectiveness;
(iii) a review of human factors affecting traffic accidents, especially those relating to driver and rider licensing requirements and standards;
(iv) the social and economic impact of death and serious and debilitating injuries resulting from traffic accidents; and
(v) heavy vehicle safety.
(2) That such committee consist of six members of the Legislative Assembly and three members of the Legislative Council and that, notwithstanding anything contained in the Standing Orders of either House, at any meeting of the committee, any five members shall constitute a quorum provided that the committee shall meet as a joint committee at all times.
(3) That Mr Black, Mr Campbell, Mr Greene, Mr McBride, Mr Smith and Mr Stoner be appointed to serve on such committee as the members of the Legislative Assembly.
(4) That the committee have leave to sit during the sittings or any adjournment of either or both Houses; to adjourn from place to place; to make visits of inspection within the State of New South Wales, other States and Territories of Australia, and overseas.
(5) That should either House stand adjourned and the committee agree to any report before the Houses resume sitting—
(a) the committee have leave to send any such report, minutes 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

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.The Legislative Assembly requests that the Legislative Council appoint three of its members to serve with the members of the Legislative Assembly upon such Joint Standing Committee and to fix a time and place for the first meeting.

Legislative Assembly JOHN MURRAY
3 June 1999 Speaker

Ordered, on motion of Mr Della Bosca: That consideration of the Legislative Assembly’s Message stand an Order of the Day for next sitting day.

14 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

The President reported the following Messages from the Legislative Assembly:

(1) Committee on the Health Care Complaints Commission

MADAM PRESIDENT

The Legislative Assembly informs the Legislative Council that it has this day agreed to the following resolution—

That in accordance with Section 67 (1) of the Health Care Complaints Act 1993, the following members of the Legislative Assembly be and are hereby appointed to serve on the Committee on the Health Care Complaints Commission—

Ms Andrews
Mr Hunter
Mr W D Smith
Mr Webb.
.
Legislative Assembly JOHN MURRAY
3 June 1999 Speaker

(2) Committee on the Independent Commission Against Corruption

MADAM PRESIDENT

The Legislative Assembly informs the Legislative Council that it has this day agreed to the following resolution—

That in accordance with Section 65 (1) (b) of the Independent Commission Against Corruption Act 1988, the following members of the Legislative Assembly be and are hereby appointed to serve on the Committee on the Independent Commission Against Corruption—

Mr Brown Ms Megarrity
Mr Fraser Mr Price
Mr Hickey Mr Richardson.
Dr Kernohan
Mr Martin

Legislative Assembly JOHN MURRAY
3 June 1999 Speake

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r(3) Committee on the Office of the Ombudsman and the Police Integrity Commission

MADAM PRESIDENT

The Legislative Assembly informs the Legislative Council that it has this day agreed to the following resolution—

That in accordance with Section 31C (1) (b) of the Ombudsman Act 1974, the following members of the Legislative Assembly be and are hereby appointed to serve on the Committee on the Office of the Ombudsman and Police Integrity Commission—

Mrs Grusovin
Mr Kerr
Mr Lynch
Mr W D Smith.

Legislative Assembly JOHN MURRAY
3 June 1999 Speaker

(4) Regulation Review Committee

MADAM PRESIDENT

The Legislative Assembly informs the Legislative Council that it has this day agreed to the following resolution—

That in accordance with Section 5 (1) (b) of the Regulation Review Act 1987, the following members of the Legislative Assembly be and are hereby appointed to serve on the Regulation Review Committee—

Ms Burton
Dr Kernohan
Mr Nagle
Ms Saliba
Mr R W Turner.

Legislative Assembly JOHN MURRAY
3 June 1999 Speaker

15 MOTOR ACCIDENTS COMPENSATION BILL

Mr Della Bosca moved, according to Notice: That leave be given to bring in a Bill for an Act to establish a new scheme of compulsory third-party insurance and payment of compensation relating to the death of or injury to persons as a consequence of motor accidents; to amend the Motor Accidents Act 1988 and other Acts; and for other purposes.

Question put and passed.

Bill presented and read a first time.

Ordered: That the Bill be printed.

Mr Della Bosca then moved, according to Sessional Order: That this Bill be now read a second time.

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Debate ensued.

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

16 ATTENDANCE OF THE HONOURABLE MR EGAN, MLC, IN THE LEGISLATIVE ASSEMBLY

On the Order of the Day being read Mr Della Bosca moved: That this House agrees to the request of the Legislative Assembly in its Message dated 2 June 1999 for the Honourable M R Egan, MLC, Treasurer, Minister for State Development, and Vice-President of the Executive Council to attend at the Table of the Legislative Assembly on Tuesday, 22 June 1999 for the purpose only of giving a speech in relation to the New South Wales Budget 1999/2000.

Debate ensued.

Question put and passed.

Mr Della Bosca then moved: That the following Message be forwarded to the Legislative Assembly:

Mr SPEAKER

The Legislative Council desires to inform the Legislative Assembly that it agrees to the request of the Legislative Assembly in its Message dated 2 June 1999 for the Honourable M R Egan, MLC, Treasurer, Minister for State Development and Vice-President of the Executive Council, to attend at the Table of the Legislative Assembly on Tuesday 22 June 1999 for the purpose only of giving a speech in relation to the New South Wales Budget 1999/2000.

Legislative Council TONY KELLY
3 June 1999 Deputy President

Question put and passed.

17 BUSINESS POSTPONED

Orders of the Day Nos 2 to 4 on the Notice Paper of Government Business postponed, on motion of Mr Macdonald, until a later hour of the sitting.

18 PARLIAMENTARY COMMITTEES LEGISLATION AMENDMENT BILL (NO. 2)

On the Order of the Day being read Mr Della Bosca moved: That this Bill be now read a second time.

Leave granted for the Minister’s second reading speech to be incorporated in Hansard.

Debate ensued.

Question put and passed.

Bill read a second time.

According to Sessional Order, leave granted to proceed to the third reading of the Bill forthwith.

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Standing Orders having been suspended this day—

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

Bill returned to the Legislative Assembly without amendment.

19 QUESTION TIME TUESDAY 22 JUNE 1999

Mr Macdonald sought the leave of the House to move a motion to vary the time for Questions on Tuesday 22 June 1999.

No objection taken.

Leave granted.

Mr Macdonald moved, by leave and without Notice: That the Sessional Order for Questions be suspended to allow Questions to be called on at 3.00 pm on Tuesday 22 June 1999.

Question put and passed.

20 SPECIAL ADJOURNMENT

Mr Macdonald moved: That this House at its rising today do adjourn until Tuesday 22 June 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 5.55 pm until Tuesday 22 June 1999 at 2.30 pm.





John Evans
Clerk of the Parliaments

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Authorised by the Parliament of New South Wales