Minutes No. 53, Tuesday 30 June 1998

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    PARLIAMENT OF NEW SOUTH WALES
    __________

    No. 53
    __________

    MINUTES OF THE PROCEEDINGS

    OF THE

    LEGISLATIVE COUNCIL
    ____________________

    THIRD SESSION OF THE FIFTY-FIRST PARLIAMENT
    ____________________

    TUESDAY 30 JUNE 1998

    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 Virginia Anne Chadwick, B.A., Dip.Ed., 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 Doctor Arthur Chesterfield-Evans,
    M.B., B.S., F.R.C.S. (Eng), M.Appl.Sci (OHS).
    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 Michael Joseph Gallacher, B.Prof.St.
    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 Anthony Bernard Kelly, A.G.L.A.
    The Honourable Mark Raymond Kersten
    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 Peter Thomas Primrose,
    B.Soc.Stud.(Syd.)
    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 Carmel Mary Tebbutt, B.Ec.
    The Honourable John Saxon Tingle
    The Honourable Bryan Henry Vaughan, LL.B.
    The Honourable Max Frederick Willis, R.F.D., E.D.,
    LL.B.
    [2]
    625

    MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCIL
    Tuesday 30 June 1998


    2 INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988

    The President, in accordance with section 78 (1) of the Independent Commission Against Corruption Act 1988, tabled the Report of the Independent Commission Against Corruption entitled AA Major Investigation into Corruption in the Former State Rail Authority of New South Wales@, dated June 1998, received by her out of Session.

    The President further reported that she had authorised the Report to be made public under section 78 (3) of the Act.


    3 PAPER

    Mr Shaw tabled the undermentioned Paper:

    (1) Law Reform Commission Act 1967CReport of the Law Reform Commission entitled AUniform Succession Laws: The Law of Wills@, dated April 1998 (LRC 85).


    4 NOTICES OF MOTIONS


    5 DISALLOWANCE OF STATUTORY RULECENVIRONMENTAL PLANNING AND ASSESSMENT AMENDMENT REGULATION 1998

    According to Sessional Order, question put: That the motion proceed forthwith.

    The House divided.

    Ayes 21

    Mrs Arena
    Mr Bull
    Dr Chesterfield-Evans
    Mr Cohen
    Mr Corbett
    Mrs Forsythe
    Mr Gallacher
    Miss Gardiner
    Mr Gay
    Dr Goldsmith
    Mr Hannaford
    Mr Jobling*
    Mr Jones
    Mr Kersten

    Mr Lynn
    Mr Moppett*
    Dr Pezzutti
    Mr Samios
    Mrs Sham-Ho
    Mr Smith
    Mr Tingle


    * Tellers









    Noes 17

    Dr Burgmann
    Ms Burnswoods
    Mr Dyer
    Mr Egan
    Mrs Isaksen*
    Mr Johnson
    Mr Kaldis
    Mr Kelly
    Mr Macdonald
    Mr Manson*
    Mrs Nile
    Revd Mr Nile
    Mr Obeid
    Ms Saffin
    Mr Shaw
    Ms Tebbutt
    Mr Vaughan

    * Tellers

    Pairs

    Mr WillisMr Primrose

    Question resolved in the affirmative.

    Mr Cohen then moved, according to Notice: That under section 41 (1) (b) of the Interpretation Act 1987, this House disallows the Environmental Planning and Assessment Amendment Regulation 1998, published in Government Gazette No. 85, dated 25 May 1998, page 3703, tabled in this House on 26 May 1998.

    Debate ensued.

    ____________________

    Mr Jones, by leave, tabled the transcript of proceedings of IDA Disaster Forum on Environmental Planning and Assessment (Amendment) Bill held on 19 November 1997.

    ____________________

    Debate continued.

    Question put.

    The House divided.

    Ayes 6

    Mrs Arena
    Dr Chesterfield-Evans*
    Mr Cohen*
    Mr Corbett
    Mr Jones
    Mrs Sham-Ho
    * Tellers









    Noes 27

Dr Burgmann
Ms Burnswoods
Mr Dyer
Mrs Forsythe
Mr Gallacher
Miss Gardiner
Mr Gay
Dr Goldsmith
Mrs Isaksen*
Mr Jobling*
Mr Johnson
Mr Kaldis
Mr Kelly
Mr Kersten
Mr Lynn
Mr Macdonald
Mr Manson
Mr Moppett
Mrs Nile
Revd Mr Nile
    Mr Obeid
    Dr Pezzutti
    Ms Saffin
    Mr Shaw
    Ms Tebbutt
    Mr Tingle
    Mr Vaughan


    * Tellers
        Question resolved in the negative.


        6 MATTER OF PUBLIC INTERESTCRESERVE FORCES COMMEMORATION DAY

        Dr Pezzutti moved, according to Notice: That the following important matter of public interest be discussed forthwith:

        The commemoration day for those who have served in the Reserve Army, Navy and Air Force.

        Question: That the matter of public interest be discussed forthwithCput and passed.

        Discussion of matter ensued and concluded.


        7 ASSENT TO BILLS

        The President reported Messages from His Excellency the Governor intimating Assent to the following Bills:

        Act No.
        29 June 1998 1998

        Administrative Decisions Tribunal Legislation Amendment Bill 48
        Courts Legislation Amendment Bill 49
        Legal Profession Amendment (Solicitors= Mortgage Practices) Bill 50
        Young Offenders Amendment Bill 51
        Workplace Video Surveillance Bill 52
        Crimes Legislation Amendment Bill 53


        8 DISTINGUISHED VISITORS

        The President announced the presence in her gallery of the Honourable Doug Parkinson, the Honourable Geoff Squibb and the Honourable Don Wing, Members of the Legislative Council of Tasmania.


        9 LOCAL GOVERNMENT LEGISLATION (ELECTIONS) BILL

        On the Order of the Day being read 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.

        ____________________

        According to Sessional Order, proceedings interrupted at 4.00 p.m. for Questions.

        ____________________


        10 QUESTIONS


        11 PRESENTATION OF PRESIDENT TO HIS EXCELLENCY THE GOVERNOR

        At 5.00 p.m, business was interrupted for the House to proceed to Government House.

        The House proceeded to Government House to present their President to His Excellency the Governor.

        The House returned.

        The President reported that the Legislative Council had been to Government House, where she informed the Governor that, following a vacancy in the office of the President, the Legislative Council, in the exercise of its lawful right, had proceeded to the election of their President and that the choice had fallen upon her as their independent and impartial representative.

        The President further reported that she presented herself to His Excellency as their President. His Excellency was pleased to offer his congratulations.


        12 ANSWERS TO QUESTIONS WITHOUT NOTICE


        13 ASSENT TO BILLS

        The President reported a Message from His Excellency the Governor intimating Assent to the following Bill:

        Act No.
        30 June 1998 1998

        Statute Law (Miscellaneous Provisions) Bill 54


        14 LOCAL GOVERNMENT LEGISLATION (ELECTIONS) BILL

        Order of the Day read for resumption of the interrupted debate of the question on the motion of Mr Shaw: That this Bill be now read a second time.

        Debate resumed.
        ____________________

        Revd Mr Nile, by leave, tabled a document entitled AGetting the System Right: Achieving a City Voting Structure the Community will have confidence in@, dated June 1998, by the Property Council of Australia, Retail Traders= Association and State Chamber of Commerce.

        ____________________

        Debate continued.

        Question put and passed.

        Bill read a second time.

        The President left the Chair and the House sat as a Committee of the Whole for consideration of this Bill.

        The Temporary Chairman (Miss Gardiner) reported the Bill with amendments.

        The House adopted the Report.

        Standing Orders having been suspended Wednesday 3 June 1998C

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

        Bill returned to the Legislative Assembly with the following amendments in which the concurrence of the Legislative Assembly was requested:

        LOCAL GOVERNMENT LEGISLATION AMENDMENT (ELECTIONS) BILL
        ______________________________________

        Schedule of the amendments referred to in the Legislative Council's Message of 30 June 1998.

        No. 1 Page 3, Schedule 1 [7], line 25. Insert after "candidate information sheet.":

        The regulations may not prohibit the inclusion in a candidate information sheet of matter relating to a candidate's policies.

        No. 2 Pages 7-12, Schedule 2, line 4 on page 7 to line 8 on page 12. Omit all words on those lines. Insert instead:

        Part 3 Elections
        Insert after Division 3 of Part 3:

        Division 4 Review of voting system

        24 Review of voting system

        (1) A Special Commission is to be established under the Special Commissions of Inquiry Act 1983 for the purpose of conducting a review of the provisions of this Part with respect to:
        (a) the qualifications of electors, and
        (b) the procedures for conducting elections, and
        (c) the procedures for ascertaining the results of elections, both in relation to elections for the City Council and in relation to elections for the office of Lord Mayor of Sydney.
        (2) The commission by which the Special Commission is established is to be issued to a person who is a retired Judge of the Supreme Court.

        (3) In carrying out any inquiry or investigation for the purposes of the review, it is the duty of the Commissioner to consult with the Independent Pricing and Regulatory Tribunal.

        (4) A report on the outcome of the review is to be laid before both Houses of Parliament before 1 October 1998.

        (5) A report may be presented to the Clerks of both Houses of Parliament when Parliament is not sitting, and on presentation is for all purposes taken to have been laid before both Houses of Parliament.

        (6) A report presented to the Clerk of a House of Parliament may be printed by authority of the Clerk, and is for all purposes taken to be a document published by order or under the authority of the House.


        15 DRUG MISUSE AND TRAFFICKING AMENDMENT (ONGOING DEALING) BILL

        On the Order of the Day being read, the President left the Chair and the House sat as a Committee of the Whole for consideration of this Bill.

        The Temporary Chairman (Miss Gardiner) reported the Bill without amendment.

        The House adopted the Report.

        Standing Orders having been suspended Thursday 4 June 1998C

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

        Bill returned to the Legislative Assembly without amendment.


        16 PARLIAMENTARY REMUNERATION AMENDMENT BILL

        On the Order of the Day being read, the President left the Chair and the House sat as a Committee of the Whole for consideration of this Bill.

        The Chairman reported progress and obtained leave to sit again next sitting day.

        The House adopted the Report.


        17 ADJOURNMENT

        Mr Egan moved: That this House do now adjourn.

        Debate ensued.

        Question put and passed.

        The House adjourned at 10.58 p.m. until Wednesday 1 July 1998 at 11.00 a.m.





        John Evans
        Clerk of the Parliaments

        ___________________

        Authorised by the Parliament of New South Wales