619

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 Willis

Mr 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