Minutes No. 2, Wednesday 17 April 1996

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PROOF
PARLIAMENT OF NEW SOUTH WALES
__________

No. 2
__________

MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL
____________________

SECOND SESSION OF THE FIFTY-FIRST PARLIAMENT
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WEDNESDAY 17 APRIL 1996

1 The House met at 11.00 a.m. according to adjournment. The President took the Chair and read the Prayers.

    Members present___
    The Honourable Max Frederick Willis, R.F.D., E.D., LL.B., President

    The Honourable Franca Arena, A.M.
    The Honourable Richard Thomas Marshall Bull
    The Honourable Doctor Meredith Anne Burgmann,
    M.A.(Syd.), Ph.D.(Macq.)
    The Honourable Janice Carolyn Burnswoods,
    B.A.(Hons), Dip.Ed.
    The Honourable Virginia Anne Chadwick, B.A.,
    Dip.Ed.
    The Honourable Ian Cohen, B.A., Dip.Ed.
    The Honourable Alan Gordon Corbett, B.A., Dip.Ed.,
    Dip.T.E.F.L., M.A.
    The Honourable Ronald David Dyer, Dip.Law,
    Dip.Crim.
    The Honourable Michael Rueben Egan, B.A.
    The Honourable Patricia Forsythe, B.A., Dip.Ed.
    The Honourable Jennifer Ann Gardiner, B.Bus.
    The Honourable Duncan John Gay
    The Honourable Doctor Marlene Mary Herbert Goldsmith,
    B.A., M.Ed.(Hons), Ph.D.(Minn.)
    The Honourable John Planta Hannaford, LL.B.
    The Honourable Dorothy May Isaksen
    The Honourable John Hughes Jobling, Ph.C., M.P.S.
    The Honourable John Richard Johnson
    The Honourable Richard Stanley Leigh Jones
    The Honourable James Kaldis
    The Honourable Mark Raymond Kersten
    The Honourable Elisabeth Kirkby
    The Honourable Charlie John Stuart Lynn, p.s.c.
    The Honourable Ian Michael Macdonald, B.A.(Hons)
    The Honourable Andrew Bruce Manson
    The Honourable Douglas Frederick Moppett, B.Sc.Agr.
    The Honourable Elaine Blanche Nile
    The Reverend the Honourable Frederick John Nile,
    E.D., L.Th.
    The Honourable Edward Moses Obeid, O.A.M.
    The Honourable Doctor Brian Patrick Victor Pezzutti,
    R.F.D., M.B., B.S.(Syd.), F.F.A.R.A.C.S.,
    F.A.N.Z.C.A.
    The Honourable John Francis Ryan, B.A.(Hons),
    Dip.Ed.
    The Honourable Janelle Anne Saffin
    The Honourable James Miltiadis Samios, M.B.E., B.A.,
    LL.B.
    The Honourable Helen Wai-Har Sham-Ho, B.A.,
    Dip.Soc.Wk, B.Leg.S.
    The Honourable Jeffrey William Shaw, Q.C., B.A.,
    LL.B.
    The Honourable Robert Baron Rowland Smith
    The Honourable Patricia Jane Staunton, A.M., R.N.,
    LL.B. (Lon.) Barrister-at-Law
    The Honourable Elizabeth Ann Symonds
    The Honourable John Saxon Tingle
    The Honourable Bryan Henry Vaughan, LL.B.





    (2
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    )
2 VACANT SEATS IN THE LEGISLATIVE COUNCIL—JOINT SITTING

    The President reported the following Message from His Excellency the Governor:

    Message

    Gordon Samuels
    Governor

    I, The Honourable GORDON SAMUELS, AC, in pursuance of the power and authority vested in me as Governor of the State of New South Wales, do hereby convene a Joint Sitting of the Members of the Legislative Council and the Legislative Assembly for the purpose of the election of persons to fill the seats in the Legislative Council vacated by the Honourable Paul Francis O’Grady and the Honourable Stephen Bruce Mutch, and I do hereby announce and declare that such Members shall assemble for such purpose on Wednesday the seventeenth day of April 1996 at 3.45 o’clock in the afternoon in the buildings known as the Legislative Council Chamber situated in Macquarie Street in the City of Sydney; and the Members of the Legislative Council and the Members of the Legislative Assembly are hereby required to give their attendance at the said time and place accordingly.

    In order that the Members of both Houses of Parliament may be duly informed of the convening of the joint sitting, I have this day addressed a like message to the Speaker of the Legislative Assembly.

      Office of the Governor
      Sydney, 17 April 1996

      The Honourable the
      President of the
      Legislative Council

    3 COMMITTEE ON THE OFFICE OF THE OMBUDSMAN

      The President reported the following Message from the Legislative Assembly:

      Mr PRESIDENT

      The Legislative Assembly desires to acquaint the Legislative Council that on Tuesday 16 April 1996, it agreed to the following resolution—

      That the review under section 32 of the Protected Disclosures Act 1994 be referred to the Joint Committee upon the Office of the Ombudsman.

      And the Legislative Assembly requests that the Legislative Council pass a similar resolution.

      Legislative Assembly JOHN MURRAY
      16 April 1996 Speaker

      Ordered: That consideration of the Legislative Assembly’s Message stand an Order of the Day for next sitting day.

    Page 23

    4 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

      The President reported the following Messages from the Legislative Assembly:

      (1) Poisons Amendment (Therapeutic Goods) Bill

      Mr PRESIDENT

      The Legislative Assembly requests that the Bill intituled “An Act to amend the Poisons Act 1966 to apply as laws of New South Wales laws of the Commonwealth relating to therapeutic goods, to regulate the supply and use in New South Wales of certain therapeutic goods, to provide for related matters, to repeal the Therapeutic Goods and Cosmetics Act 1972, and to make consequential amendments to certain other Acts” forwarded to the Legislative Council for concurrence during the first session of the present Parliament and not dealt with because of prorogation, be restored to the Council’s business paper.

      Legislative Assembly JOHN MURRAY
      16 April 1996 Speaker

      (2) Public Health Amendment Bill

      Mr PRESIDENT

      The Legislative Assembly requests that the Bill intituled “An Act to amend the Public Health Act 1991 to establish a New South Wales Pap Test Register to record information concerning tests for cervical cancer and its precursors; and for related purposes” forwarded to the Legislative Council for concurrence during the first session of the present Parliament and not dealt with because of prorogation, be restored to the Council’s business paper.

      Legislative Assembly JOHN MURRAY
      16 April 1996 Speaker

      (3) Stock (Chemical Residues) Amendment Bill

      Mr PRESIDENT

      The Legislative Assembly requests that the Bill intituled “An Act to amend the Stock (Chemical Residues) Act 1975 to make further provision with respect to chemical effects on stock” forwarded to the Legislative Council for concurrence during the first session of the present Parliament and not dealt with because of prorogation, be restored to the Council’s business paper.

      Legislative Assembly JOHN MURRAY
      16 April 1996 Speaker

      (4) Environmental Planning and Assessment Amendment (Contaminated Land) Bill

      Mr PRESIDENT

      The Legislative Assembly requests that the Bill intituled “An Act to amend the Environmental Planning and Assessment Act 1979 to provide statutory protection for the exercise of certain planning functions in relation to contaminated land; and for related purposes” forwarded to the Legislative Council for concurrence during
    Page 24
      the first session of the present Parliament and not dealt with because of prorogation, be restored to the Council’s business paper.

      Legislative Assembly JOHN MURRAY
      16 April 1996 Speaker

      (5) Roads Amendment (Street Vending) Bill

      Mr PRESIDENT

      The Legislative Assembly requests that the Bill intituled “An Act to amend the Roads Act 1993 with respect to street vending from structures on public roads and consents to structures; and for other purposes” forwarded to the Legislative Council for concurrence during the first session of the present Parliament and not dealt with because of prorogation, be restored to the Council’s business paper.

      Legislative Assembly JOHN MURRAY
      16 April 1996 Speaker

      (6) Bread Repeal Bill

      Mr PRESIDENT

      The Legislative Assembly requests that the Bill intituled “An Act to repeal the Bread Act 1969, and to make other consequential repeals and amendments” forwarded to the Legislative Council for concurrence during the first session of the present Parliament and not dealt with because of prorogation, be restored to the Council’s business paper.

      Legislative Assembly JOHN MURRAY
      16 April 1996 Speaker

      (7) Criminal Legislation Further Amendment Bill

      Mr PRESIDENT

      The Legislative Assembly requests that the Bill intituled “An Act to amend the Crimes Act 1900 and certain other Acts to make miscellaneous amendments relating to criminal law and procedure, and for other purposes” forwarded to the Legislative Council for concurrence during the first session of the present Parliament and not dealt with because of prorogation, be restored to the Council’s business paper.

      Legislative Assembly JOHN MURRAY
      16 April 1996 Speaker

      (8) Jury Amendment Bill

      Mr PRESIDENT

      The Legislative Assembly requests that the Bill intituled “An Act to amend the Jury Act 1977 to alter procedures for the selection and summoning of jurors; with respect to the recovery of certain fines; to extend the period for which a jury may deliberate in civil trials; and for other purposes; and to make related amendments to the Justices Act 1902 and Coroners Act 1980” forwarded to the Legislative Council for concurrence during the
    Page 25
      first session of the present Parliament and not dealt with because of prorogation, be restored to the Council’s business paper.

      Legislative Assembly JOHN MURRAY
      16 April 1996 Speaker

      (9) National Parks and Wildlife Amendment Bill

      Mr PRESIDENT

      The Legislative Assembly requests that the Bill intituled “An Act to amend the National Parks and Wildlife Act 1974 to provide for the reservation of land as regional parks and to make further provision with respect to state recreation areas; to make consequential amendments to other Acts; and for other purposes” forwarded to the Legislative Council for concurrence during the first session of the present Parliament and not dealt with because of prorogation, be restored to the Council’s business paper.

      Legislative Assembly JOHN MURRAY
      16 April 1996 Speaker

      (10) Periodic Detention of Prisoners Amendment Bill

      Mr PRESIDENT

      The Legislative Assembly requests that the Bill intituled “An Act to amend the Periodic Detention of Prisoners Act 1981 with respect to identification of persons ordered to serve sentences of imprisonment by way of periodic detention; to make further provision with respect to leave of absence and cancellation of orders for periodic detention; and for other purposes” forwarded to the Legislative Council for concurrence during the first session of the present Parliament and not dealt with because of prorogation, be restored to the Council’s business paper.

      Legislative Assembly JOHN MURRAY
      16 April 1996 Speaker

      (11) Prisons Amendment Bill

      Mr PRESIDENT

      The Legislative Assembly requests that the Bill intituled “An Act to rename the Prisons Act 1952 as the Correctional Centres Act 1952; to amend that Act in relation to certain drug trafficking and other offences. Leave of absence for interstate travel, penalties, segregation of inmates, compensation for property damage and penal terminology; to amend consequentially the Criminal Procedure Act 1986; and for related purposes” forwarded to the Legislative Council for concurrence during the first session of the present Parliament and not dealt with because of prorogation, be restored to the Council’s business paper.

      Legislative Assembly JOHN MURRAY
      16 April 1996 Speaker

      (12) Western Lands Amendment Bill

      Mr PRESIDENT

      The Legislative Assembly requests that the Bill intituled “An Act to amend the Western Lands Act 1901 to increase penalties for certain offences relating to the clearing or cultivation of land in the Western Division; to rationalise provisions relating to the transfer and forfeiture of leases over that land; to amend the Soil
    Page 26
      Conservation Act 1938 to increase the penalty for an offence; to consequentially amend the Land and Environment Court Act 1979; and for other purposes” forwarded to the Legislative Council for concurrence during the first session of the present Parliament and not dealt with because of prorogation, be restored to the Council’s business paper.

      Legislative Assembly JOHN MURRAY
      16 April 1996 Speaker

      Mr Egan sought the leave of the House to move the restoration of the Bills in globo on one motion and to suspend the Standing Orders to allow the second reading of the Bills to stand as Orders of the Day for a later hour of the sitting.

      No objection taken.

      Leave granted.

      Mr Egan moved, as a matter of necessity and without previous Notice: That the Standing Orders be suspended to allow the second reading of the Bills to stand as Orders of the Day for a later hour of the sitting.

      No objection taken.

      Question put and passed.

      Mr Egan moved: That, pursuant to Standing Order 201, the Bills be restored to the Business Paper and that the second reading of the Bills stand as Orders of the Day for a later hour of the sitting.

      Question put and passed.

    5 SESSIONAL ORDERS (Formal Business)

      Mr Egan sought the leave of the House to move Business of the House, Notice of Motions Nos 1-19 in globo.

      No objection taken.

      Leave granted.

      Mr Egan moved, by leave, according to Notice:

      (1) Prayers

      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, who art in Heaven: Hallowed by 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 those who 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.”

    Page 27

      (2) Sitting Days

      That, during the present Session and unless otherwise ordered, this House meet for the despatch of business each week as follows:
          Monday 11.00 a.m.
          Tuesday 2.30 p.m.
          Wednesday 11.00 a.m.
          Thursday 11.00 a.m.
          Friday 11.00 a.m.

      (3) Questions

      That, during the present Session and unless otherwise ordered:

      1. Questions are to commence at 4.00 p.m. on Monday, Tuesday and Wednesday and at 12 noon on Thursday and Friday.

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

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

      (4) Petitions

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

      (5) Cognate Bills

      That, during the present Session:

      1. Whenever a Minister intimates to the House that Bills specified by the Minister are cognate Bills:
        (a) the Bills may be introduced on one Motion for leave and be presented and read a first time together;
        (b) one Motion may be moved and on Question put in regard to each of the several stages for the passage of the Bills through the Council, but the Bills must 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 may be proceeded with in a similar manner.

      (6) Right of Reply to Ministerial Statements

      That, during the present Session and unless otherwise ordered:

      (a) the Leader of the Opposition and the Leader of any party or group, where leadership of that party or group has been announced to the House; or

    Page 28

      (b) a Member nominated by any Leader,

      may speak to a ministerial statement, not exceeding the time taken by the Minister in making the statement.

      (7) Motion for Adjournment

      That, during the present Session and unless otherwise ordered:

      1. On any Motion for adjournment to terminate a sitting:
        (a) the Question is to be put not later than 30 minutes after the 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 must not refer to matters which are not in order.

      2. Proceedings must 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 to terminate the sitting if a Minister thinks fit.

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

      4. When any business under discussion, if not disposed of, is interrupted under this Sessional Order, the debate is to 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 a day to be stated.

      (8) Divisions—Recording of Pairs

      That, during the present Session and unless otherwise ordered, Members paired on any division must be recorded by the tellers. The names of all Members paired must be recorded on the tellers’ lists and printed in the Minutes of the Proceedings and Hansard.

      (9) Ministerial Reply to Adjournment Matters

      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 raised on the Adjournment at a previous sitting.

      (10) Leadership of Parties and Groups

      That, as soon as practicable after each periodic Council election and whenever changes occur the leaders of parties or groups with two or more Members in the House may announce the leadership of the parties or groups represented in the House.

    Page 29

      (11) Questions on Notice

      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, signed by a Member, must be handed to one of the Clerks at the Table during the sitting of the House.

      2. The Clerk is to publish 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 is to be delivered to the Clerk and is to be published in the Questions and Answers Paper.

      4. Ministers must lodge answers to Questions on Notice within 35 calendar days after the Question is first published.

      5. If an answer to a Question on Notice is not received within 35 calendar days, the President is to inform the House on the next sitting day the details of any Question not answered. The relevant Minister must immediately explain to the House the reason for non-compliance.

      6. If, after explanation in the House, the Minister has not submitted an answer within 3 sitting days, the President is to again inform the House, and the Minister will again be called to explain. This procedure is to continue until a written answer is submitted.

      7. During any adjournment of the House, replies to Questions on Notice may be delivered to the Clerk.

      8. A Questions and Answers Paper is to be printed and circulated on any prorogation of the House.

      (12) Bill Passed—Message to the Assembly

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

      (13) Introduction of Public Bills

      That, during the present Session 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 is to be adjourned until a future day which must be at least five calendar days ahead.

      2. However, if a Minister declares a Bill to be an urgent Bill and copies have been circulated to Members, the Question “That the Bill be considered an urgent Bill” must be put forthwith, without amendment. If that Question is agreed to, the second reading debate and subsequent stages may proceed forthwith or at any time during any sitting of the House.

    Page 30

      (14) Matters of Public Interest

      1. A Member may give Notice of a Motion, for a day to be stated “That the following important matter of public interest be discussed forthwith (stating the matter to be discussed)”.

      2. On the day proposed for moving the Motion it is to be called on immediately before the House proceeds to the consideration of business set down on the Notice Paper for that day, except business taking precedence under Standing Order 55 (Matters of Privilege).

      3. When the Motion has been moved, the Question is to 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 agreed to, discussion of the matter may proceed for one and a half hours on the same or subsequent sitting days, except the reply of the mover.

      5. The speech of:
        (a) the Member moving the motion;
        (b) the Minister first speaking;
        (c) the Leader of the Opposition, or a person nominated by the Leader, first speaking when the Motion has been moved by a Member of the Government,

      must not exceed 15 minutes each. The speech of any other Member or the proposer in reply must not exceed 10 minutes each.

      6. When discussion of a matter of public interest is adjourned to a subsequent sitting day the Order of the Day for resumption is to take precedence of all other business on the Notice Paper for that sitting day, except business taking precedence under Standing Order 55 (Matters of Privilege).

      7. More than one Notice of Motion may be given for any one sitting day, although only one motion on a Matter of Public Interest may proceed on any one sitting day. The House will consider the question of urgency on the motions for which notice has been given in the order in which they appear on the Notice Paper.

      8. A Notice of Motion for a Matter of Public Interest not reached on the day set down for consideration, will be set down on the Notice Paper for the next sitting day, with precedence of all other Notices of Motions for Matters of Public Interest not specifically set down for that day.

      9. The resumption of an adjourned discussion and one new matter may be dealt with on the same day.

      10. Matters of Public Interest will only be considered on days on which Government Business has precedence.

      (15) Routine of Business

      That, during the present Session and unless otherwise ordered, the House is to proceed with its business each day 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.
    Page 31

      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.

      (16) Proposing of Questions on Amendments

      That, during the present Session and notwithstanding anything to the contrary in the Standing Orders when any amendment is proposed in the House or Committee of the Whole, the Chair may put the Question “That the amendment be agreed to”.

      (17) Committals

      That, during the present Session and unless otherwise ordered, Standing Order 171 be amended to read:

      171. After the second reading of a Bill, unless the Bill is referred to a Select or Standing Committee:
          (a) the President may inquire of the House if leave is granted to proceed to the third reading of the Bill forthwith; or
          (b) a motion may be made without amendment or debate “That the President do now leave the Chair, and the House resolve itself into a Committee of the Whole to consider the Bill in detail” or a future day may be appointed on motion for consideration of the Bill in Committee of the Whole.

      (18) Messages from Assembly Transmitting Bills

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

      Whenever the President has several Messages from the Legislative Assembly to report transmitting Bills for concurrence, the President may inquire if leave is granted for procedural motions for the first reading, printing, suspension of Standing Orders, where applicable, and fixing the day for the second reading, to be dealt with on one motion without formalities.

      (19) Precedence of Business

      That, during the present Session and unless otherwise ordered:

      1. Government Business is to take precedence of General Business on Monday, Tuesday, Wednesday, Friday and after 4.15 p.m. on Thursday each week.

      2. General Business is to take precedence until 4.15 p.m. on Thursday each week.

      Question put and passed.

    6 STANDING COMMITTEE ON PARLIAMENTARY PRIVILEGE AND ETHICS—REPORTING DATE FOR INQUIRY INTO WITNESSES BEFORE COMMITTEES (Formal Business)

      Mr Egan moved, according to Notice:

      That the reporting date for the reference to the Standing Committee on Parliamentary Privilege and Ethics relating to the Responsibilities of public sector officers who have been called as witnesses before parliamentary committees be extended from 1 April 1996 to 31 May 1996.

    Page 32

      Question put and passed.

    7 STANDING COMMITTEE ON PARLIAMENTARY PRIVILEGE AND ETHICS—REPORTING DATE FOR INQUIRY INTO ORDERS FOR PAPERS (Formal Business)

      Mr Egan moved, according to Notice:

      That the reporting date for the reference to the Standing Committee on Parliamentary Privilege and Ethics relating to the Sanctions for failure of a Minister to obey an Order of the House to table papers be extended from 15 February 1996 to 17 May 1996.

      Question put and passed.

    8 LEAVE FOR STANDING COMMITTEES TO SIT DURING SITTINGS OF THE HOUSE (Formal Business)

      Mr Egan moved, according to Notice:

      That for the present Session the Standing Committees on Social Issues, State Development, Law and Justice and Parliamentary Privilege and Ethics have leave to sit during the sittings of the House.

      Question put and passed.

    9 PETITIONS

      Euthanasia

      (1) Revd Mr Nile presented a petition from 372 citizens of New South Wales praying that the House oppose any attempts to legalise or decriminalise the practice of euthanasia, to ensure that the quality of life of the elderly, handicapped and terminally ill is not subject to unjust or unethical procedures and call on all medical practitioners to uphold the Hippocratic Oath and the principles of palliative care.

      Petition received.

      (2) Mr Hannaford presented a petition from 49 citizens of New South Wales containing a similar prayer.

      Petition received.

      Freedom of choice in education

      Revd Mr Nile presented a petition from 252 citizens of New South Wales supporting the rights of parents for freedom of choice in education, and praying that the House oppose any attempts to remove the exemptions that exist in the Anti-Discrimination Act for Christian, religious and other non-government schools, Churches and Religious organisations.

      Petition received.

    Page 33

      Repeal of homosexual vilification legislation

      Revd Mr Nile presented a petition from 202 citizens of New South Wales expressing concern that the new homosexual vilification amendment to the Anti-Discrimination Act censors criticism and statements concerning homosexuals, and praying that the House repeal the legislation.

      Petition received.

    10 NOTICES OF MOTIONS

    11 INTERIM REPORT OF ROYAL COMMISSION OF INQUIRY INTO OPERATIONS OF THE NEW SOUTH WALES POLICE SERVICE

      Ms Kirkby moved, according to Contingent Notice: That the Standing and Sessional Orders be suspended to allow the moving of a motion forthwith: That the House take note of the interim report of the Royal Commission of Inquiry into the Operations of the New South Wales Police Service, dated February 1996.

      Question put and passed.

      Ms Kirkby then moved: That the House take note of the interim report of the Royal Commission of Inquiry into the Operations of the New South Wales Police Service, dated February 1996.

      Debate ensued.

      Question put and passed.

    12 BUSINESS POSTPONED

      Notice of Motion No. 20 on the Notice Paper of Business of the House postponed, on motion of Mr Jobling, until next sitting day.

    13 ROYAL COMMISSION INTO THE NEW SOUTH WALES POLICE FORCE

      The President reported the following Message from the Legislative Assembly:

      Mr PRESIDENT

      The Legislative Assembly desires to acquaint the Legislative Council that on Tuesday 16 April 1996, it agreed to the following resolution—

      That this House grants leave to officers assisting the Royal Commission into the New South Wales Police Service to inspect the in-camera evidence taken before the Joint Committee on the Independent Commission Against Corruption on condition:

      (1) That the evidence is inspected at Parliament House;

      (2) That any information obtained be used by the Royal Commission to pursue appropriate further inquiry without revealing to any other person other than the Royal Commissioner and officers of the Royal Commission, the contents of the in-camera evidence; and its content not made public.

    Page 34

      (3) That before adducing into evidence of the Royal Commission any evidence taken before the Joint Committee on the Independent Commission Against Corruption, the Royal Commissioner, His Honour Justice Wood, seeks the leave of the Legislative Assembly.

      And the Legislative Assembly requests that the Legislative Council pass a similar resolution.

      Legislative Assembly JOHN MURRAY
      17 April 1996 Speaker

      Ordered: That consideration of the Legislative Assembly’s Message stand an Order of the Day for next sitting day.

    14 SELECT COMMITTEE ON HOSPITAL WAITING LISTS

      Mr Dyer (on behalf of Mr Egan) moved, according to Notice:

      1. That a Select Committee be appointed to inquire into and report on the Government’s success in cutting hospital waiting lists for elective procedures by 25,000 before 4 April 1996, and in particular:
        (a) definitions in operation when the promise was made on 20 March 1995, any subsequent alteration to them and the consequent impact of the change, with particular reference to:
          (i) the length of time waiting used as the criteria for inclusion on waiting lists;
          (ii) the range and names of institutions whose waiting lists are included;
          (iii) the range of elective procedures included on waiting lists, actual numbers waiting for these procedures at the end of March 1995, June 1995, September 1995 and hospital involved;
          (iv) procedures which have been excluded from inclusion on waiting lists, actual numbers waiting for these procedures at the end of March 1995, June 1995, September 1995, March 1996 and hospital involved; and
          (v) any measure to improve the facility service to patients;
        (b) actual numbers of patients who have undergone elective procedures between 31 March 1995 and 31 March 1996;
        (c) the way in which data is sourced, collected, collated and reported.

      2. That, notwithstanding anything contained in the Standing Orders, such Committee consist of the following members: Ms Kirkby, Mr Lynn, Mr Macdonald, Mr Moppett, Dr Pezzutti, Ms Staunton and Mr Vaughan.

      3. That the time and place for the first meeting of the Committee be fixed by the Clerk of the Parliaments.

      4. That the Committee have leave to sit during the sittings or any adjournment of the House; to adjourn from place to place; to make visits of inspection within New South Wales and other States and Territories of Australia; and have power to take evidence and to send for persons, papers, records and things; and to report from time to time.

    Page 35

      5. That should the House stand adjourned and the Committee 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 Parliaments;
        (b) the documents be printed and published and the Clerk forthwith take such action as is necessary to give effect to the order of the House; and
        (c) the documents be laid on the Table of the House at its next sitting.

      6. (1) (a) That the Committee provide an interim report for the period to 30 September 1995 covering all aspects of the terms of reference, and with the comparison to the position as at 30 September 1994 and 31 March 1995; and
          (b) that the interim report be presented by 28 June 1996.
        (2) (a) That the Committee provide a further report, covering all aspects of the terms of reference, covering the period to 31 March 1996, with comparison to the position on 31 March 1995 and 30 September 1995; and
          (b) that this report be presented by 20 September 1996

      7. That the minutes of proceedings, evidence, all papers, documents, reports and records of the Select Committee on Hospital Waiting Lists appointed on 7 December 1995, be referred to the Committee.

      Debate ensued.

      Dr Pezzutti moved: That the Question be amended as follows:

      No. 1. In paragraph 1 (a) (iii). After “September 1995” insert “, December 1995, March 1996”.

      No. 2. In paragraph 1 (a) (iv). After “September 1995” insert “, December 1995,”.

      No. 3. In paragraph 1 (b). After “elective” insert “, surgical and medical”.

      Debate continued.

      Question: That amendments Nos 1 and 2 be agreed to—put and passed.

      Question put: That amendment No. 3 be agreed to.

    Page 36

      The House divided.

      Ayes 20


      Mr Bull
      Mrs Chadwick
      Mrs Forsythe
      Miss Gardiner
      Mr Gay
      Dr Goldsmith
      Mr Hannaford
      Mr Jobling
      Ms Kirkby
      Mr Moppett
      Mrs Nile
      Revd Mr Nile
      Dr Pezzutti
      Mr Ryan
      Mr Samios
      Mrs Sham-Ho
      Mr Smith
      Mr Tingle


      Tellers

      Mr Kersten
      Mr Lynn

        Noes 18


        Ms Burnswoods
        Mr Corbett
        Mr Dyer
        Mr Egan
        Mrs Isaksen
        Mr Johnson
        Mr Jones
        Mr Kaldis
        Mr Macdonald
        Mr Manson
        Mr Obeid
        Ms Saffin
        Mr Shaw
        Ms Staunton
        Mrs Symonds
        Mr Vaughan

        Tellers

        Dr Burgmann
        Mr Cohen

      Question resolved in the affirmative.

        Original Question, as amended:

        1. That a Select Committee be appointed to inquire into and report on the Government’s success in cutting hospital waiting lists for elective procedures by 25,000 before 4 April 1996, and in particular:
          (a) definitions in operation when the promise was made on 20 March 1995, any subsequent alteration to them and the consequent impact of the change, with particular reference to:
            (i) the length of time waiting used as the criteria for inclusion on waiting lists;
            (ii) the range and names of institutions whose waiting lists are included;
            (iii) the range of elective procedures included on waiting lists, actual numbers waiting for these procedures at the end of March 1995, June 1995, September 1995, December 1995, March 1996 and hospital involved;
            (iv) procedures which have been excluded from inclusion on waiting lists, actual numbers waiting for these procedures at the end of March 1995, June 1995, September 1995, December 1995, March 1996 and hospital involved; and
            (v) any measure to improve the facility service to patients;
      Page 37
          (b) actual numbers of patients who have undergone elective, surgical and medical procedures between 31 March 1995 and 31 March 1996;
          (c) the way in which data is sourced, collected, collated and reported.

        2. That, notwithstanding anything contained in the Standing Orders, such Committee consist of the following members: Ms Kirkby, Mr Lynn, Mr Macdonald, Mr Moppett, Dr Pezzutti, Ms Staunton and Mr Vaughan.

        3. That the time and place for the first meeting of the Committee be fixed by the Clerk of the Parliaments.

        4. That the Committee have leave to sit during the sittings or any adjournment of the House; to adjourn from place to place; to make visits of inspection within New South Wales and other States and Territories of Australia; and have power to take evidence and to send for persons, papers, records and things; and to report from time to time.

        5. That should the House stand adjourned and the Committee 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 Parliaments;
          (b) the documents be printed and published and the Clerk forthwith take such action as is necessary to give effect to the order of the House; and
          (c) the documents be laid on the Table of the House at its next sitting.

        6. (1) (a) That the Committee provide an interim report for the period to 30 September 1995 covering all aspects of the terms of reference, and with the comparison to the position as at 30 September 1994 and 31 March 1995; and
            (b) that the interim report be presented by 28 June 1996.
          (2) (a) That the Committee provide a further report, covering all aspects of the terms of reference, covering the period to 31 March 1996, with comparison to the position on 31 March 1995 and 30 September 1995; and
            (b) that this report be presented by 20 September 1996

        7. That the minutes of proceedings, evidence, all papers, documents, reports and records of the Select Committee on Hospital Waiting Lists appointed on 7 December 1995, be referred to the Committee—put and passed.

      15 INDUSTRIAL RELATIONS BILL
        EMPLOYMENT AGENTS BILL

        Mr Shaw moved, according to Notice: That leave be given to bring in the following cognate Bills:
          (i) A Bill for an Act to reform the law concerning industrial relations, and to repeal the Industrial Relations Act 1991.

      Page 38
          (ii) A Bill for an Act relating to private employment agents.

        Question put and passed.

        Bills presented and read a first time.

        Ordered: That the Bills be printed.

        Mr Shaw then moved, according to Sessional Order: That these Bills be now read a second time.

        Debate ensued.

        Motion made (Mr Jobling) and question: That this debate be now adjourned until Tuesday 23 April 1996—put and passed.

      16 CRIMES AMENDMENT (MANDATORY LIFE SENTENCES) BILL

        Mr Shaw moved, according to Notice: That leave be given to bring in a Bill for an Act to amend the Crimes Act 1900 with respect to the imposition of mandatory life sentences for certain offences.

        Question put and passed.

        Bill presented and read a first time.

        Ordered: That the Bill be printed.

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

        Debate ensued.

        Motion made (Mr Jobling) and question: That this debate be now adjourned until Tuesday 23 April 1996—put and passed.

      17 POISONS AMENDMENT (THERAPEUTIC GOODS) BILL

        On the Order of the Day being read Mr Dyer 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.

        Motion made (Mr Jobling) and question: That this debate be now adjourned until Tuesday 23 April 1996—put and passed.


      Page 39
        18 PUBLIC HEALTH AMENDMENT BILL

          On the Order of the Day being read Mr Dyer 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.

          Motion made (Mr Jobling) and question: That this debate be now adjourned until Tuesday 23 April 1996—put and passed.

        19 STOCK (CHEMICAL RESIDUES) AMENDMENT BILL

          On the Order of the Day being read Mr Dyer 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.

          Motion made (Mr Jobling) and question: That this debate be now adjourned until Tuesday 23 April 1996—put and passed.

        20 ENVIRONMENTAL PLANNING AND ASSESSMENT AMENDMENT (CONTAMINATED LAND) BILL

          On the Order of the Day being read Mr Dyer (on behalf of Mr Egan) 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.

          Motion made (Mr Jobling) and question: That this debate be now adjourned until Tuesday 23 April 1996—put and passed.

        21 ROADS AMENDMENT (STREET VENDING) BILL

          On the Order of the Day being read Mr Dyer (on behalf of Mr Egan) 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.

          Motion made (Mr Jobling) and question: That this debate be now adjourned until Tuesday 23 April 1996—put and passed.


        Page 40
          22 BREAD REPEAL BILL

            On the Order of the Day being read Mr Egan (on behalf of Mr Shaw) 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.

            Motion made (Mr Jobling) and question: That this debate be now adjourned until Tuesday 23 April 1996—put and passed.

          23 CRIMINAL LEGISLATION FURTHER AMENDMENT BILL

            On the Order of the Day being read Mr Egan (on behalf of Mr Shaw) 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.

            Motion made (Mr Jobling) and question: That this debate be now adjourned until Tuesday 23 April 1996—put and passed.

          24 JURY AMENDMENT BILL

            On the Order of the Day being read Mr Egan (on behalf of Mr Shaw) 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.

            Motion made (Mr Jobling) and question: That this debate be now adjourned until Tuesday 23 April 1996—put and passed.

          25 NATIONAL PARKS AND WILDLIFE AMENDMENT BILL

            On the Order of the Day being read Mr Egan (on behalf of Mr Shaw) 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.

            Motion made (Mr Jobling) and question: That this debate be now adjourned until Tuesday 23 April 1996—put and passed.


          Page 41
            26 PERIODIC DETENTION OF PRISONERS AMENDMENT BILL

              On the Order of the Day being read Mr Egan (on behalf of Mr Shaw) 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.

              Motion made (Mr Jobling) and question: That this debate be now adjourned until Tuesday 23 April 1996—put and passed.

            27 PRISONS AMENDMENT BILL

              On the Order of the Day being read Mr Egan (on behalf of Mr Shaw) 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.

              Motion made (Mr Jobling) and question: That this debate be now adjourned until Tuesday 23 April 1996—put and passed.

            28 WESTERN LANDS AMENDMENT BILL

              On the Order of the Day being read Mr Egan (on behalf of Mr Shaw) 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.

              Motion made (Mr Jobling) and question: That this debate be now adjourned until Tuesday 23 April 1996—put and passed.

              ____________________

              The President left the Chair at 3.05 p.m., until the conclusion of the Joint Sitting to be held in the Legislative Council Chamber for the purpose of filling the vacancy in the Legislative Council caused by the resignations of the Honourable Paul Francis O’Grady and the Honourable Stephen Bruce Mutch.

              ____________________

              The House resumed at 4.02 p.m.

              ____________________

              According to Sessional Order, it being past 4.00 p.m. Questions proceeded with.

            Page 42

              ____________________

            29 QUESTIONS

            30 VACANT SEATS IN THE LEGISLATIVE COUNCIL

              The President announced that at a Joint Sitting of the two Houses held this day, Peter Thomas Primrose was elected to fill the vacant seat in the Legislative Council caused by the resignation of the Honourable Paul Francis O’Grady and Michael Joseph Gallacher was elected to fill the vacant seat in the Legislative Council caused by the resignation of the Honourable Stephen Bruce Mutch.

              The President tabled the Minutes of Proceedings of the Joint Sitting.

              Ordered: That the document be printed.

            31 ADJOURNMENT

              Mr Egan moved: That this House do now adjourn.

              Debate ensued.

              Question put and passed.

              The House adjourned at 5.38 p.m. until Thursday 18 April 1996 at 11.00 a.m.








              John Evans
              Clerk of the Parliaments

              ___________________

              Authorised by the Parliament of New South Wales