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Small Mines Safety Campaign
Mr KERRY HICKEY (Cessnock—Minister for Mineral Resources) [3.22 p.m.]: My motion is urgent and deserves priority because families across New South Wales depend on the Government to ensure the safety of all mineworkers. Since 1990, 14 people have died in small mines, other than opal mines, across our State. That is 14 people, not statistics. They left for work one day and did not return. They left behind shattered families, mates and communities. This matter is urgent and deserves priority because deaths and serious injuries in our small mines are clearly unacceptable—unacceptable to the honourable member for Upper Hunter, unacceptable to me and unacceptable to the Government, the miners, their families and their communities.
The Carr Labor Government's Small Mines Safety Campaign was launched in November 2000 to stop deaths and injuries. This campaign is spreading the safety message to small mine operators, particularly in rural and regional areas. It has proved so popular over the past two years that demand has warranted a further series of workshops. I am pleased that the Leader of The Nationals is so enthusiastic about this urgent motion. With more than 800 small mines and extractive industries across this State, it is a matter of the highest priority. I urge all honourable members to support this motion and back the Government's efforts to eliminate mine fatalities and help us bring our miners home.
Leonard Alan Rowley Sentence Appeal
Mr JOHN BROGDEN (Pittwater—Leader of the Opposition) [3.24 p.m.]: The Opposition's motion is urgent for two very important reasons. First, the opportunity for the Government to appeal the sentence against Mr Rowley, whose driving led to the death of Senior Constable Chris Thornton, expires in two days. At close of business on Thursday there will no longer be an opportunity to appeal this pathetic, weak and incorrect sentence. It is urgent because the Opposition has revealed that the judgment in the case, which is now publicly available, makes it clear that alcohol was involved in the accident. In his ruling the judge said that he was also aware that Mr Rowley had, within a short period prior to the events, apparently taken some alcoholic liquor, and that this caused the judge some concern. It is now clear from the evidence that alcohol was involved in the case. However, the Attorney General bases his refusal to appeal the case entirely on a letter from the Director of Public Prosecutions [DPP], a copy of which I received from Sarah Matthews, the partner of the late Senior Constable Chris Thornton. The letter states:
There was no evidence of the presence of alcohol.
The DPP said there was no evidence of the presence of alcohol. But the judge who presided over the matter said that Rowley, the perpetrator of the crime, said he had consumed alcohol at some period immediately prior to the accident. The clock is ticking for the family, friends and supporters of Chris Thornton. The Minister for Mineral Resources said that many miners have gone to work and not come home. One day last year Chris Thornton went to work and did not come home. He deserves to have the full weight of the Government and the Attorney General behind an appeal.
Do not listen only to the Coalition, do not listen only to those who are advocating on behalf of Sarah Matthews and the family and friends of Chris Thornton. In a press release Ian Ball, President of the Police Association, has called upon the Attorney General to resign. The Attorney has a duty to support and protect those who risk their lives to enforce the laws of this State. In this case he has chosen to ignore that duty. Police can no longer be confident that the courts and the chief lawyer of the State will ensure that those who consciously ignore the law and imperil police will be punished. The Police Association represents more than 10,000 police. Every police officer in New South Wales is concerned about the Attorney General's failure to act.
We want action. We want this Government to do something, but it refuses to do anything. The matter is urgent because the clock is ticking. It is urgent because Sarah Matthews wants something to be done. The Attorney General relies on the suggestion that an appeal would be a cruel hoax or, according to his press release of 20 October, would hold out false hope for the family and friends of Senior Constable Thornton. I cannot comment on that, but Sarah Matthews can. She is here today. She wants an appeal. Honourable members should not take my word; they should take the word of Senior Constable Thornton's partner, who wants an appeal.
[Interruption]
The honourable member for Strathfield may think this is a stunt. She should put herself in that person's shoes. She is an uncaring individual who belongs to a Government that has stopped caring about police. She belongs to a Government that has no heart and has an Attorney General who will not do his job. The DPP got it wrong. If he cannot do his job we want the elected official, the Attorney General, to undertake his duties under section 5 of the Criminal Appeal Act.
The Attorney General has the power. Indeed, he had the power prior to the creation of the Director of Public Prosecutions. He ought to use his power. If he does not have the guts to do it, in 48 hours what will he say to the officer's family and friends and to every police officer in this State who believes that they have been sold down the river by a Government that simply does not care any more. This motion is urgent because the clock is ticking and the evidence is there.
Question—That the motion for urgent consideration of the honourable member for Cessnock be proceeded with—put.
The House divided.
Ayes, 48
Ms Allan
Mr Amery
Ms Andrews
Mr Bartlett
Ms Beamer
Mr Black
Mr Brown
Ms Burney
Mr Campbell
Mr Collier
Mr Corrigan
Mr Crittenden
Ms D'Amore
Mr Debus
Mr Gaudry
Mr Gibson
Mr Greene | Ms Hay
Mr Hickey
Mr Hunter
Ms Judge
Ms Keneally
Mr Knowles
Mr Lynch
Mr McBride
Mr McLeay
Ms Meagher
Ms Megarrity
Mr Mills
Mr Morris
Mr Newell
Ms Nori
Mr Orkopoulos
Mrs Paluzzano | Mr Pearce
Mrs Perry
Mr Price
Dr Refshauge
Ms Saliba
Mr Sartor
Mr Scully
Mr Shearan
Mr Tripodi
Mr Watkins
Mr West
Mr Whan
Tellers,
Mr Ashton
Mr Martin |
Noes, 36
Mr Aplin
Mr Armstrong
Mr Barr
Ms Berejiklian
Mr Brogden
Mr Cansdell
Mr Constance
Mr Debnam
Mr Draper
Mr Fraser
Mrs Hancock
Mr Hartcher
Mr Hazzard | Ms Hodgkinson
Mr Humpherson
Mr Kerr
Mr McGrane
Mr Merton
Ms Moore
Mr Oakeshott
Mr O'Farrell
Mr Page
Mr Piccoli
Mr Pringle
Mr Richardson
Mr Roberts | Ms Seaton
Mrs Skinner
Mr Slack-Smith
Mr Souris
Mr Stoner
Mr Tink
Mr Torbay
Mr J. H. Turner
Tellers,
Mr Maguire
Mr R.W. Turner |
Pairs
| Miss Burton | Mr George |
| Mr Iemma | Mrs Hopwood |
Question resolved in the affirmative.