Full Day Hansard Transcript (Legislative Assembly, 1 December 2005, Corrected Copy)

LEGISLATIVE ASSEMBLY


Mr Speaker (The Hon. John Joseph Aquilina) took the chair at 10.00 a.m.

Mr Speaker offered the Prayer.

Mr SPEAKER: I acknowledge that we are standing on the land of the Gadigal clan of the Eora nation. We thank them for their custodianship of this land.

Message received from the Legislative Council returning the bill with amendments.

Consideration of amendments deferred.

Bill introduced and read a first time.

Ms CLOVER MOORE (Bligh) [10.04 a.m.]: I move:

That this bill be now read a second time.

Public accountability is essential to ensure good government, and good government is in the public interest. Open government is good government and leads to better decisions. I have for many years worked to advocate for improved public disclosure and effective community consultation to ensure that major decisions made by government truly reflect the needs and interests of the community. I have previously introduced legislation requiring public disclosure of government contracts. This bill replaces the earlier one I introduced in 2003 based on the New Zealand experience, which the Government rejected last year. For the record, the original bill was referred to the Public Accounts Committee in July 2003 but did not re-emerge until October 2004, after the committee had taken an international study tour to London, Edinburgh, Boston, New York and Washington. Interestingly, the itinerary did not include New Zealand, whose legislative provisions formed the basis for my proposal.

The public disclosure of major government contracts with the private sector is commonly required in many jurisdictions including the Australian Capital Territory, Victoria, New Zealand and Canada. If others can do it, then so should New South Wales. Events of recent weeks in New South Wales have underlined the importance of public disclosure, with the contractual arrangements surrounding the construction of the cross-city tunnel at centre stage. A number of important lessons are to be learned from this experience, including evaluating the financial and the non-financial costs and benefits and ensuring the broader public interest is served rather than short-term sectional interests. The cross-city tunnel illustrates that there is no benefit in the commercial cherry picking of particular transport routes and sectors to maximise financial returns if it just promotes dysfunctional outcomes, exacerbates existing transport problems and does not benefit the entire system.

What may seem like a good idea to one public sector agency such as the Roads and Traffic Authority may not be in the broader public interest. We need to build adequate accountability mechanisms. While some may argue that in theory ministerial responsibility should ensure public sector accountability, the reality is that it clearly did not work in the case of the cross-city tunnel, with various Ministers and former Ministers ducking for cover when the truth came out. Ministerial responsibility is not enough to safeguard the public interest in this day and age. Full public disclosure and public scrutiny are essential. Public scrutiny at all stages is to be welcomed for the same reasons, through adequate consultation.
It is false economy to try to avoid public scrutiny in the early planning stages only to be exposed to full-scale public outrage once the real impacts become apparent and it is too late to make major changes. My experience has always been that public scrutiny invariably picks up practical and helpful issues and leads to better outcomes. It is far better to invest in an informed public discussion at the outset—influencing government decisions in the early stages—than face irreversible problems later on. The community is intelligent and can take on board complex issues and participate productively in public policy debates.

Requiring full private disclosure of all major contracts is no doubt a major driver in ensuring that they are in the public interest and governments are held accountable. The prospect of public scrutiny will encourage more rigorous evaluation, and informed and transparent decisions. Clearly government approaches to the financing and prioritising of infrastructure projects needs review. There will be continuing debate about the value of public-private partnerships [PPPs] and much of this will be along ideological and superficial lines. The reality is that we have a mixed economy, and private sector contracting of government projects is here to stay. The more pragmatic questions are when to use the private sector and how to manage the relationship effectively in the public interest.

The fundamental issue relating to the expansion of PPPs is the need to tackle public sector debt in a responsible and transparent way. Public sector debt has been out of favour with both State and Federal governments for decades, leading to serious neglect of major urban infrastructure, such as transport. PPPs have enabled investment in some large, long-term infrastructure projects, financed and built by the private sector, at a time when governments would not otherwise have proceeded. While this has had the political benefit of keeping the cost of large projects off the public balance sheet, the disadvantage is that the viability of any PPP is dependent on the private sector generating sufficient revenue to repay the debt and provide additional profit to their shareholders.

So the commitment to investing is long overdue, and major infrastructure projects have been undertaken in a piecemeal manner, ad hoc at best, and driven by profit potential rather than any rational long-term infrastructure investment plan. This has not been a responsible way for governments to proactively plan for the future needs of Australia's leading city, and it has led to many of the problems we now face relating to congestion and accommodating future growth in New South Wales. The cross-city tunnel contract highlights the need for a comprehensive analysis of public- private projects to achieve better structured, and more balanced, transparent contracts with full public disclosure of contract terms to ensure accountability and to demonstrate long term public benefit. Part of assessing the public benefit involves making sure that any single project is part of a larger infrastructure plan, rather than a short-term opportunity to generate revenue for the private sector or cash-strapped government agencies. I have already called for the establishment of a transport co-ordination agency to ensure better planning and co-ordination of projects, for the overall public benefit.

Public disclosure of PPPs or other government contracts with the private sector is a minimum requirement, an essential part of the necessary checks and balances we need to impose to make sure they can be scrutinised and evaluated as to whether they are genuinely in the public interest. For those reasons, this bill is aimed squarely at government contracts with the private sector, including privately funded infrastructure projects. We already have a Freedom of Information Act, and we have voluntary guidelines for public sector agencies encouraging the disclosure of contract summaries. I have consulted with various people in the preparation of this bill, and I am aware that there are a range of criticisms of the operation of current disclosure requirements, with different groups identifying a range of potential reforms which all have merit. However, I have deliberately chosen to be very pragmatic in my approach to this bill, as I want to sponsor some workable and targeted reforms that the Government can readily implement and that will promote infrastructure investment.

I hope that the Government will support this bill as a welcome and practical opportunity to strengthen existing checks and balances relating to major private sector contracts in response to the cross-city tunnel experience. This is an opportunity to show the community that we have learned some important lessons and we will not let this happen again. This bill will help us to move forward with some confidence, because we do need to move on. We have too many major infrastructure projects that are long overdue, and we need to get on with them. If we lose confidence in the Government's capacity to work with the private sector, the risk is that all major infrastructure projects will come to a standstill, and our very future as a city and as a nation will be compromised.

In New South Wales we already have voluntary guidelines, issued by the Premier's Department, for public agencies to disclose the terms of major contracts with the private sector. This bill takes the important step of legislating to make those guidelines mandatory and to give them the force of law. I note that the Auditor-General's report to Parliament recommends that. Locating the new legislative provisions within the Freedom of Information Act is consistent with the underlying philosophy that the public has a right to access information. It is also consistent with the approach taken in other jurisdictions. Members of the public have a right to request specific documents on demand, and the Government is obligated to comply unless it can be clearly demonstrated that it is against the public interest to release the information.

This bill further promotes the objectives of the Freedom of Information Act by putting additional obligations on government agencies to publish summaries of major contracts with the private sector—making them more accessible to the public, and facilitating individual requests for specific documents. The bill includes new "commercial in confidence" definitions, to limit the scope for exemptions and clarify the obligations of government agencies. Strengthening the existing freedom of information obligations and incorporating the existing administrative guidelines ensures that this approach is practical and workable for government, and complies with the Auditor-General's recommendations. While this bill proposes modest and achievable reforms, at the same time it also represents a very significant move to improve public accountability and public confidence in the delivery of major infrastructure projects in New South Wales.

I urge all honourable members of this Parliament to put aside their party differences and support these measures in the public interest. Given the legislative program—and we are at the end of the year—I envisage that this bill will lie on the table over the summer recess and I welcome feedback from the Government, the Opposition and members of the community. I believe it is in the interests of us all to address these issues as soon as possible. I commend the bill to the House and the Minister.

Debate adjourned on motion by Mr Joseph Tripodi.

General Business Notice of Motion (for Bills) No. 5 called on, and postponed by Mr Daryl Maguire on behalf of Mr Anthony Roberts.

Debate resumed from 17 November 2005.

Ms KATRINA HODGKINSON (Burrinjuck) [10.17 a.m.]: The Rural Communities Impacts Bill was introduced by the Leader of The Nationals, and if ever a bill had relevance to country New South Wales this is it. This is a bill that we must have in this place. It is not complicated, and it should be a fundamental part of every Cabinet decision. Every bill that goes through this place should have noted on the record its impact on the many rural communities within this State. The overview of the bill states:

The object of this Bill is to require Ministers to consider the likely impact of certain legislation and other government proposals on rural communities.

It is that simple. I recall that in 1994, before the election in which the Labor Party won government, Bob Carr promised that rural communities would have an impact statement on all bills that would impact upon them. Has that happened? Clearly, it has not. It is vital that consideration is given to the impact of successive pieces of legislation upon rural communities. I remind the House that the definition in this bill of "rural community" is that part of the State that is outside the metropolitan areas, including all the local government areas of Ashfield, Auburn, Bankstown, Baulkham Hills, Blacktown, Botany Bay, Burwood, Camden, Campbelltown, Canada Bay, Canterbury, Fairfield, Hawkesbury, Holroyd, Hornsby, Hunters Hill, Hurstville, Kogarah, Ku-ring-gai, Lane Cove, Leichhardt, Liverpool, Manly, Marrickville, Mosman, North Sydney, Parramatta, Penrith, Pittwater, Randwick, Rockdale, Ryde, Strathfield, Sutherland, Sydney, Warringah, Waverley, Willoughby and Woollahra. The Newcastle metropolitan area, constituted by the local government areas of Lake Macquarie and Newcastle, is included, as well as the Wollongong metropolitan area, constituted by the local government areas of Shellharbour and Wollongong.
The term "rural community" refers to any of a number of recognised rural communities in the State. I represent, and am also a member of, a rural community, as are a large number of members of the Opposition in this House. We represent large rural constituencies. My electorate—a large rural agricultural electorate—covers an area of approximately 25,000 square kilometres. Why would it be in the interests of a city-based Labor Government to consider rural communities before deciding to introduce a bill, when so many Labor members represent metropolitan electorates? It is a great shame that they do not really care about what happens outside the metropolitan area. We have a number of so-called rural Labor members of Parliament in this Chamber. I mention in particular the honourable members representing the electorates of Murray-Darling, Monaro, Tweed, Bathurst and Kiama. It is a shame that, time and again, those Labor members from rural electorates continue to cast their votes to the detriment of the rural communities they purport to represent.

One of the fundamental things that should happen in respect of every bill introduced in this Parliament is that an impact study should be undertaken to determine the bill's effect on rural communities. That should be standard procedure before a plan is put before Cabinet and a bill is introduced in this House. It is a simple procedure but it is clearly not happening. I can quote numerous examples from my own electorate of occasions when it would have been beneficial to have a rural communities impact statement completed before the introduction of legislation. This time last year we witnessed the amalgamation of a number of area health services. In my part of the State we had the Southern Area Health Service, which was up to its neck in debt. It had already dispensed with the services of its financial controller and people were being sacked, left, right and centre. All of a sudden the Minister for Health deemed it a great idea to expand that service and make its financial woes even worse.

The Government decided to amalgamate that service with the Greater Murray Area Health Service and now we have the Greater Southern Area Health Service. What a disaster that is! So many accounts remain unpaid by that area health service and people are absolutely sick and tired of this Government's intransigence when it comes to rural health matters. If a rural communities impact study had been undertaken before that amalgamation took place, we would not have the situation we have now. On 21 November Dairy Farmers refused to deliver Berri fruit juice to Goulburn Base Hospital because of the continued non-payment of outstanding bills by the area health service. The Director of Clinical Services of the Greater Southern Area Health Service has stated that the budget provided by the Government is not sufficient to meet patient demand.

In a private member's statement in this House last night I highlighted the need for this Government to provide adequate funding for rural health services in New South Wales. It is clear that the amalgamation of the two area health services, which took place 12 months ago without rural community consultation, has been to the extreme detriment of my constituents and thousands of other rural citizens in this State. I can quote examples of one disaster after another in relation to health issues. What has happened is an absolute tragedy. I have raised this matter on many occasions in this House, as have the honourable members representing the electorates of Bega, Wagga Wagga, Albury and Murrumbidgee. Each of us represents an electorate within the boundary of the Greater Southern Area Health Service.

The honourable member for Monaro, a Labor member of the New South Wales Parliament purporting to represent a rural constituency, has tried to defend the current system. Well, guess what? It just does not wash with the community. As of last week Chisholm Ross Hospital owed $4,486.53 in overdue bills dating back to 7 July, Queanbeyan Base Hospital owed $2,354.15 dating back to 27 July, and Crookwell Hospital owed $1,035.97 dating back to 24 January. A firm in my electorate is owed $500, which is more than 90 days overdue. I cannot reveal the name of the companies involved because they are concerned that they will lose further business from the area health service. But they are coming to me with their complaints, saying, "Please! These are government agencies. Why aren't they paying us? We are hardworking rural businesses. These are not large sums of money." These are not large sums of money but they are very important to the companies involved.

The example I cited of Dairy Farmers refusing to deliver Berri fruit juice to Goulburn Base Hospital—juice for patients, including pregnant mothers—because of non-payment of outstanding bills is quite simply outrageous. During question time two weeks ago I asked a question about the non-payment of visiting medical officers. The Auditor-General has been scathing in his remarks about the inability of the Greater Southern Area Health Service to pay its bills. This is not a new problem; I have raised this issue over the years. We want to see a reversal of the amalgamation of area health services. We want a return to local district hospital boards, particularly in rural areas, because the system at the moment is not working. The Government must reverse the terrible situation that exists in health services in rural New South Wales, most particularly in my electorate of Burrinjuck.
There have been delays in replacing Tumut Hospital and building the new Adelong-Batlow multipurpose service centre [MPS], which was promised before I was elected in 1999. There have been delays in opening the renal unit at Goulburn and attempts to close pathology services there. Families have to take electric fans into hospital wards because the airconditioning has broken down and the area health service cannot afford to have it fixed. Broken blood pressure monitors are not being replaced. Patients have had to take bandages home to have them washed and disinfected before they are reused. I assure honourable members that if you have pus-filled ulcers on your legs, that is the last thing you feel like doing—particularly if you have restricted mobility in the first place.

We need the Rural Communities Impact Bill. It must be passed in this House as a matter of urgency. Too much time has been wasted getting this bill before the House, and the Government simply has to support it. In particular those members of the Labor Party who represent rural electorates must support this very sensible bill—legislation that will be critical to the future of rural communities. This bill is important because of the ever-increasing decline in population in country communities. I know that every member of the Opposition representing a rural electorate has had this experience. Electorates are increasing in area, and a redistribution, which will occur before the next State election, will increase the size of the electorate of Burrinjuck to 35,000 square kilometres—an increase of about 10,000 square kilometres. That is a very large area.

So many people are being forced to move to the cities, where the services are being located, and rural communities are experiencing a lack of nursing staff and teachers. Women are no longer able to go to their local hospital to deliver their babies. That is just about criminal in my book! As someone who was born in Yass District Hospital, I would have liked my own children to be born in that hospital, but last December the Yass District Hospital maternity unit closed, as did the operating theatre at that hospital. Why? Because this Government is more set on spending money on a desalination plant that no-one wants than on supporting rural communities in this State. That is a travesty. It is a crime. Patients have to take their bandages home to disinfect them. Would that happen in a city hospital? I very much doubt it. If it happened in Sydney it would be front-page news. The Government does not care about country communities. [Extension of time agreed to.]

Recently in our local newspaper the secretary of the Goulburn branch of the Labor Party, Paul Cubitt, said, that the situation in regard to rural health, Goulburn Hospital and lack of payments going back to our rural businesses is a disgrace. It is time the community showed its disgust at this state of affairs. We need a decent public health system in our State and rural communities. The current situation is disgusting. If a rural communities impact statement had been done prior to legislation passing through this House we might have happier rural communities today. An example is getting rid of business enterprise centres, which provided a worthwhile service for businesses, particularly small business in rural communities. The Goulburn Business Enterprise Centre had to fold. It was disgraceful to see the Minister for Small Business travel around country areas and hear him tell furphy after furphy about business enterprise centres.

TAFE services have been cut back and relocated to more centralised areas. Goulburn TAFE offered a wonderful motor mechanics course, but the Government chose to move it from Goulburn to Wollongong. Do parents really want their 17- or 18-year-olds, who may be on P-plates, driving to TAFE in Wollongong to do the motor mechanics course when so many fatalities occur on our roads? I am sure the Minister for Roads, who is at the table, is interested in what I am saying. We already have too many P-platers driving dangerously on country roads. The further students have to travel to complete their education the more risk there is of their being killed on the roads. Unfortunately, students from the electorate of Burrinjuck have died unnecessarily while travelling to Canberra, Wagga Wagga, Wollongong or one of the larger centres to attend TAFE courses that were once provided in towns in my electorate.

Before changes are made to other significant legislation affecting education, health and agriculture, we must ensure that rural impact statements are carried out. Are rural impact statements really done before changes are made to legislation affecting agriculture? I very much doubt it. The Minister for Agriculture was unaware of, and uncaring about, the impact of his disastrous policies on ovine Johne's disease. Was a rural impact statement done prior to the passing of legislation on forestry privatisation?

Time after time the Government is guilty of failing to consult rural communities before it passes arcane legislation that will impact dramatically on local communities. I have presented petitions with thousands of signatures in this place complaining about the cutbacks to CountryLink rail services in my electorate. The Goulburn to Moss Vale rail service was cancelled and replaced by a bus service. Thousands of people from many different parts of my electorate—Crookwell, Bigga, Tuena, Binda, Yass, Murrumbateman and Tarago—used that service. Many of those who used the Goulburn to Moss Vale rail service are elderly and infirm and have restricted mobility. The train was convenient for those in wheelchairs or who use walking canes. It is much more difficult for them to board a bus, and much less comfortable to sit in a bus.

We deserve a good and efficient public transport network. Goulburn, which is the end of the CityRail line, has a number of major institutions, such as the Police College, the Department of Corrective Services, the Goulburn correctional facility and the Supermax. Families of those in institutions in Goulburn require a reliable public transport network. But time after time the Government has cut back services. Country rail services are an absolute classic. Yet the Minister for Transport has defended his rail cutbacks in this place. It is bad in the north of the State as well. Country rail services have been cut back right across the State. As a country member of Parliament I have seen the dramatic outrage of people at the cutbacks in rural services and grain rail branch lines. People at the Murrumbateman Field Day signed petition after petition complaining about the way the Government treats rural communities in relation to disability services, country rail services, TAFE services, other country education facilities, and rural and mental health services.

We all know what a terrible impact the drought has had on so many of our farmers, and we know the very real risk of suicide that is facing many country men and women, particularly in my electorate. Over the past several months I have lived with that first hand. The disastrous impact of this Government's legislation on rural communities has put us in a parlous position. We need more rural services, we need more rural health services, we need more TAFE education services, we need more trains, and we need a much better upgrade of our roads if we are to stop the continual erosion of the population base from our rural electorates into urban areas. That is why the legislation is so important. [Time expired.]

Mr RICHARD TORBAY (Northern Tablelands) [10.37 a.m.]: The Rural Communities Impacts Bill is commonsense legislation. At every level of government we want to understand the impact upon our communities of legislation we pass, and we want to ensure that it is logical, smart and appropriate. I therefore support the bill. The Government says it conducts impact statements. I can just imagine the process. They sit in the Cabinet room with their one-page questionnaire with little boxes that they tick. The questionnaire says, "Have you considered this?" They tick it to say, "Yes, we have done that." I think another line says, "Have you done a rural impact statement?" They tick it and they say, "Yes, that's good." Done!

That probably is the level of research that goes into rural impact statements, which are the result of a hollow promise made by Bob Carr some time ago and which we remember well. Many honourable members have referred to it. The legislation is well drafted and it is good legislation. It is important that it is good legislation, but it is equally important that it is acted on appropriately at every level of government. Good decision making requires good research, and in that respect the Government has failed. No impact statement was done prior to the dairy industry deregulation and no impact statement was done prior to the establishment of the Scientific Committee on Environmental Issues, which is not accountable through the parliamentary process. Indeed, there have been no impact statements from the Government with respect to so many pieces of legislation; so many that it is not funny.

The same could be said of the Federal Parliament. Have we seen a rural communities impact statement with regard to Telstra? Such an impact statement was promised—in fact, I think the former Leader of The Nationals promised it—but one was not done. The legislation was passed—I might say, with the support of the New South Wales Coalition—and the first announcement the Government made was that 8,000 to 10,000 Telstra jobs would go, including jobs in regional areas.

I would have thought that if we were fair dinkum about the impact of legislation, both the Government and the Opposition would acknowledge the need to get on with the job of adopting the policy, rather than simply condemning the Government of the day. It is important that the principle of considering the impact of legislation on rural communities be supported. We could say the same for industrial relations. A lot of positions are being driven by blind ideology; they are not being driven by measuring the impact of legislation, which this bill purports to do. That is why I support it.

A number of Government and Opposition speakers have outlined why a rural communities impact statement is or is not a good idea. For the life of me I cannot understand why any government, community leader, or person with a role of responsibility, would not want to measure the impact of legislation before making a decision on it. That can only lead to well-informed and better decision-making, better policy and better legislation. It is logical to support good research, good consultation and good outcomes rather than, as we have seen with the Government this week, rushing through legislation without providing the opportunity to consult appropriate communities and consider the impact of the legislation on them. This Government's actions are matched by the actions of the Commonwealth Government, which is also rushing through legislation that will have a serious impact on people, and there is no way that impact has been measured.

I agree with many of the sentiments expressed by the honourable member for Burrinjuck, particularly in relation to health. If we are to be fair about this, it is important that we look at the history of some of these issues. I recall introducing in this place the Local Government (Review of Legislative Proposals) Bill 2002, and I note that the honourable member for Strathfield, a former mayor, is in the Chamber. I introduced that legislation because local government was saying to me very clearly, "Let us look at the cost shifting measures from the New South Wales Government onto local government." Councils were saying to me, "Richard, let us look at the impact of legislative proposals that are imposed on local government without appropriate revenue streams. We rate cap them, we put extra burdens on them, and then we say: Let's not measure the impact."

To my surprise, when I introduced the Local Government (Review of Legislative Proposals) Bill 2002, Opposition members were the first to oppose it. The Hon. Duncan Gay, the then shadow Minister, said in a letter to me, which I am very happy to provide to members, "We don't need this legislation. We don't need to measure these sorts of impacts because that's the role of the Legislative Council." I am pleased to see this sort of legislation, but the State and Federal governments must adopt fair dinkum approaches to measuring its impact. The important pieces of legislation we are debating at the moment have an enormous impact on country communities.

The honourable member for Burrinjuck also referred to cuts to rail services. I wish to reinforce her sentiments regarding the Government's underinvestment in, and lack of attention to, regional and rural rail services. The record of the Government and the Opposition on rail services cuts are very similar. In fact, the Greiner Government removed the northern rail service from Armidale to Tenterfield. It was only returned to Armidale; Glen Innes and Tenterfield never saw it again. I have condemned cuts to rail services at the front line of my community in a very strong protest against the attempts of the former Minister for Transport, Michael Costa, to remove rail services from the northern part of the State.

The Coalition's record is no different, particularly in respect of cuts to rail services, as well as the industrial relations, Telstra, and voluntary student unionism legislation that is now being debated in the Federal Parliament. Has anyone done an impact statement on what would happen to facilities and services at regional universities and campuses if the proposed voluntary student unionism legislation is passed? I urge the New South Wales Leader of The Nationals to get on the phone to his Federal colleagues and convert them to some of the beliefs he suggests he has about the Rural Communities Impacts Bill, because the legislation will have a very serious impact on regional and rural communities and jobs. As we have seen with Telstra, the response is always, "No, no, it is a scare campaign. No rural jobs will be lost." Of course, the reality has proved to be different.

Senator Joyce looks like a clown at the moment. He said he would cross the floor on the Telstra legislation because of its impact on rural communities. However, he then voted in support of it. Then when the Federal Government said it would sack 8,000 to 10,000 people, many of them in country areas, Senator Joyce said, "Nobody told me." Every survey I have seen indicates that 80 per cent of the electors in country New South Wales were sending the message to The Nationals Senator Joyce that that would be the impact of the Telstra legislation. But what happened? He simply claimed ignorance after it was introduced.

We will see the same thing happen with the industrial relations legislation. My message to the Leader of The Nationals is this: If you want to measure impact, measure the impact of the industrial relations legislation on rural communities and jobs and then form a view about whether it is good policy. I support the bill, but let us not make it a hypocritical attempt to score political points. Let us support rural communities impact statements at the State, Federal and local government levels to ensure better decision making.

Mr PETER DRAPER (Tamworth) [10.46 a.m.]: I intend to support the Rural Communities Impacts Bill because during the brief time I have been a member of this Parliament I have witnessed far too many decisions taken by the New South Wales Government that clearly do not take into account their effect on rural and regional communities. I acknowledge the detail and thought that has gone into the drafting of this important bill It is a step in the right direction as it will require the preparation of rural communities impact statements and it will specify the circumstances under which they are required, which is very important.

Given that a large number of decisions made by the Government in the last few years have had a detrimental effect on rural communities, there is a need to include in all proposed legislation, statutory rules, and environmental planning instruments or decisions a requirement that a rural communities impact statement be prepared. The bill will help to protect communities from the impact of decisions made regarding issues such as the poker machine tax, which is causing so much concern in the club industry, threatening jobs, and undermining the good work that New South Wales clubs do in helping sporting, social and community activities in regional and rural towns.

In the electorate of Tamworth the Government has been approached for financial assistance for good charitable causes but it has refused such assistance. The Government does not recognise the importance of such causes in country communities. However, the local clubs have dug deep for the community and provided much-needed assistance. This sort of charitable activity is under threat because of the Government's poker machine tax grab. Amalgamations can also have a serious impact on country communities. There have been local government amalgamations and health service amalgamations, and both have had a significant detrimental effect on jobs and undermined the confidence of people in rural communities.

We have watched the Government completely ignore communities and stakeholders who co-operatively developed the BRUS option as the best way forward for industry, communities, and conservation in the Brigalow. In my electorate we have experienced the detrimental impact of WorkCover regulations on businesses in country areas, and watched many good country businesses pack up and relocate across the border to Queensland. Government decisions that have had a detrimental impact on rural communities include decisions in relation to water-sharing plans, the separation of land and water values, native vegetation legislation, Crown roads, vendor duty and property taxes. The abandonment of the Timber Bridge Program is having a significant detrimental impact in country areas. Currently Tamworth council has some 18 bridges in dire need of replacement but it does not have the money to carry out the work. The list of decisions that have impacted upon country communities goes on and on.

However, the bill focuses on a number of very important areas. First, there will be a requirement to provide a detailed description of any costs that are likely to be placed on businesses in rural communities, in order to comply with the relevant legislation or decision. Second, the likely impact of those costs on development and employment in rural communities must be properly identified and quantified. That is extremely important. Third, modelling must be undertaken of the likely impact on rural communities that would occur or remain five years after the legislation or decision is made.

That forces people and governments to look at the long-term impact of these decision-making processes. Fourth, the likely impact of the legislation on the social structure and wellbeing of rural communities must be examined. Fifth, the impact on transport services, health services, education facilities, government advisory services, infrastructure, policing and other key areas has to be identified. Finally, it requires the scrutiny of the impact on the environment whilst also considering the need to balance economic and social factors with environmental sustainability.

Because of that detail I believe this is a very well considered piece of legislation. All of these factors, when identified and taken into account, will lead to better decision making by government because they look beyond the aim of the bill and at the impacts that often seem to be misunderstood or not adequately considered. Given the large distances between country communities and the relatively small population base in country areas, many decisions impact on rural communities much more significantly than they do in the city. For example, the loss of a teacher would have little impact in Sydney, but the loss of a teacher in a small community can be devastating and can bring into question the viability of a school and, in the longer term, the viability of a community itself.

I support the bill as it is a very positive step for country people and I cannot see why any government interested in country communities would not want to know about the impact that legislation has on those communities.

Mr ANDREW STONER (Oxley—Leader of The Nationals) [10.51 a.m.], in reply: The aim of this bill is to force the Labor Government to honour a promise made in 1995 by former Premier Bob Carr—a promise that was never honoured. The bill would afford a measure of protection from the most Sydney-centric government in the history of New South Wales. Unbelievably, not only is this sensible piece of legislation opposed by the Labor Government, but the chief opponents of it have been members of the so-called Country Labor faction: I refer specifically to the honourable members representing the electorates of Tweed and Monaro. They are the last people who should oppose sensible protection for rural communities.
Under this Government the electorate of Tweed has been affected by the closure of the Casino to Murwillumbah rail line; a savage increase in taxation on clubs, which has robbed the community of charitable donations as well as jobs in the club industry; problems continuing to be ignored at Banora Point High School; serious roads and traffic issues involving Sextons Hill and the Tugun bypass, which have not been properly addressed by this Government and are limiting the development of parts of the Tweed as well as causing road safety concerns; and a vendor tax, which was introduced without any consultation and which seriously damaged the property industry along the border with jobs in the real estate, housing and construction industries moving over the border into Queensland. So one would think the honourable member for Tweed would be the last person to oppose a bill that would offer his electorate a measure of protection against those sorts of disastrous policies from this Labor Government.

The honourable member for Monaro was the other member of the Government who spoke against the bill. Given the Labor Government's track record in his electorate 1 would have thought he would be the first to support the bill. There have been broken promises on the ring road around Queanbeyan; delays in the redevelopment of the Queanbeyan hospital; the axing of funding to the Cooma Business Enterprise Centre; plans to lock people out of the Kosciuszko National Park; plans to sell off the Snowy Hydro Scheme, which were revealed in this House yesterday; and a doubling of Kosciuszko National Park entrance fees without any consultation whatsoever with the business community that is affected by these changes. It is no wonder Steve Whan is looking wan when his government has that sort of track record and he is forced by his party to speak in opposition to a bill that would have prevented a lot of this from occurring.

Interestingly, no-one from the dominant Sydney Labor faction of this Government—which is about 90 per cent of the Government—even bothered to speak on the bill, confirming their complete disinterest in country New South Wales. This so-called Country Labor faction, along with its city Labor colleagues, has opposed a bill that would have ensured that proper impact statements would be prepared and considered by any State government—Coalition or Labor—before the Government introduced policies that impact on country towns and villages and the families that live in them. According to the honourable member for Tweed, the Government's opposition to this bill is due to the demonstrably spurious assertion that impact statements are already being done. If that were true, where are the rural community impact statements for the shameful lockup of the Pilliga Forest, which will cost hundreds of jobs in the north-west in towns like Baradine, Gwabegar, Gulargambone, Bingara, Gunnedah and Dubbo?

[Interruption]

The honourable member for Tamworth interjects. There is no certainty of resources that has been offered to the mill in Gunnedah, so ultimately, because of that lack of certainty, it is going to cost jobs. There can be no investment without certainty, and they still do not have that. Up until now these towns have enjoyed the presence of a well-managed and sustainable timber industry, but it has been savagely impacted upon by the Labor Government. If rural community impact statements were being done, where was such a statement for the buying up and shutting down of Yanga station, which had provided sustainable timber and livestock jobs to families in towns such as Balranald and Hay? Where was the rural community impact statement for the abolition of area health services in Tamworth, Broken Hill and Port Macquarie and the subsequent creation of huge health areas, which have effectively disfranchised local communities from the management of their public hospitals?

Where was the rural community impact statement for the closure of Murrumbidgee Agricultural College at Yanco, and a number of agricultural research stations including Shannonvale on the Northern Tablelands? Where was the rural community impact statement for the closure of grain rail lines between Rankin Springs and Barmedman, Burchett to West Wyalong, Willbriggie to Yanco and Gwabegar to Binnaway, which will force 70,000 more trucks each year onto already crumbling country roads? Where was the rural community impact statement on Labor's forced amalgamation of country councils such as Nundle, Evans, Manilla and Maclean, which, again, disfranchised communities from their local government representation? Where was the rural community impact statement for Labor's hastily announced marine park decision, which will restrict fishing and recreational activity in the ocean and along the coastline on the north and south coasts and which will devastate fishing and tourism related businesses?

Where was the rural community impact statement for the Native Vegetation Act and Threatened Species Act, which affect the viability of farmers as well as the value of their land? This is inflexible, Greens-inspired, city-developed legislation, which is costing country communities and clearly has been introduced without any consideration of its impact on farmers and the communities that depend on primary production income. If rural community impact statements are being done, the Labor Government is clearly ignoring them because its agenda of centralisation and kowtowing to the demands of radical Greens in exchange for preferences has continued unabated. If in fact there is any form of rural community impact statement, Country Labor members are meekly rolling over to appease their Sydney Labor mates, and in doing so they are selling out their communities.

I should add that the Independent party consisting of members representing the electorates of Tamworth, Dubbo, Northern Tablelands and Port Macquarie—whom the so-called Country Labor convener in this place regards as Country Labor members—have also been totally ineffective in stopping the rot, even in their own electorates. They bleat, they attack The Nationals-Liberal Coalition, occasionally they attack their friends in the Labor Party, but they will never be in government to fix these problems, and they have been ineffective in stopping the Labor Government's ideological agenda.

The other spurious reasons given by the honourable member for Tweed in opposing the bill is that it would require rural community impact statements to be prepared in the city. This is plainly false. The Nationals and Liberal Coalition will decentralise government departments and agencies in country areas. The staff in those agencies will prepare and co-ordinate the preparation of those rural community impact statements, which will then be put together by the Cabinet Office for consideration by State Cabinet. This bill is sensible and enshrines a promise already made, but not carried out, by the former Premier of this State. It will ensure a measure of protection for the rural communities of New South Wales from the ideological excesses of a centralist, socialist Labor Government. But instead of bipartisan support from the country-based members in this place, we have seen sheer bloody-minded opposition on party lines from the Labor Government based solely on spurious reasons.

The Labor Party, including so-called Country Labor members, will now use its numbers to vote down a bill that represents a cry for help from country families who just want a fair go. This is a day of shame in this Parliament, and the so-called Country Labor members who are heroes back in their hometowns but wimps here in Sydney are the most shameful of all. Let me name them: the member for Tweed, the member for Bathurst, the member for Monaro, the member for Murray-Darling, the member for Port Stephens, the member for Maitland and the member for Kiama. Let their actions today in selling out their country communities simply to ensure the continuation of their parliamentary careers in the Labor Party be recorded in the annals of shame in the governance of New South Wales.

Mr Joseph Tripodi: You are an idiot.

Mr ANDREW STONER: I acknowledge the interjection from the Minister for Roads. That is typical of his contribution in this place.

Mr Joseph Tripodi: You are wasting time. Get on with it.

Mr ANDREW STONER: He says I am wasting time talking about country communities who want a fair go from his Government. He is a disgrace. He would not want to show his face in country New South Wales or they will do what they want to do to him.

Mr Joseph Tripodi: Mr One Per Cent. You had better have a sign on you when you get there.

Mr SPEAKER: Order! The Minister for Roads and the Leader of The Nationals will address the Chair.

Mr ANDREW STONER: I thank honourable members representing the electorates of Lismore, Bega, Murrumbidgee, Clarence, Wagga Wagga, Albury, Ballina, Orange, Burrinjuck, Northern Tablelands and Tamworth for supporting the bill and I commend it to the House.

Question—That this bill be now read a second time—put.

The House divided.

Mr Aplin Mr Armstrong Mr Barr Ms Berejiklian Mr Cansdell Mr Constance Mr Draper Mrs Fardell Mr Fraser Mrs Hancock Mr Hartcher Ms Hodgkinson

Mrs Hopwood Mr Humpherson Mr Kerr Mr Merton Mr Oakeshott Mr O'Farrell Mr Page 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 Mr R. W. Turner Tellers, Mr George Mr Maguire

Ms Allan Mr Amery Ms Andrews Mr Bartlett Ms Beamer Mr Black Mr Brown Ms Burney Miss Burton Mr Campbell Mr Chaytor Mr Corrigan Mr Crittenden Mr Daley Ms D'Amore Mr Debus

Ms Gadiel Mr Gaudry Mr Gibson Mr Greene Ms Hay Mr Hunter Ms Judge Ms Keneally Mr Lynch Mr McLeay Ms Meagher Ms Megarrity Mr Mills Ms Moore Mr Morris Mr Newell

Ms Nori Mr Orkopoulos Mr Pearce Mrs Perry Ms Saliba Mr Sartor Mr Shearan Mr Stewart Ms Tebbutt Mr Tripodi Mr Whan Mr Yeadon Tellers, Mr Ashton Mr Martin

Mr Debnam	Mr McBride
Mr Piccoli	Mr Price

Question resolved in the negative.

Motion negatived.

Debate resumed from 23 March 2005.

Mr ANDREW FRASER (Coffs Harbour) [11.12 a.m.]: I support the bill. Any member who represents a growing country electorate on the North Coast or South Coast should have no hesitation in supporting this bill. It specifies that a contract of sale for land in a country area must have attached to it a note acknowledging that the neighbouring landholders may be farmers. How many times do people buy a block of land on the North Coast for a lifestyle purpose and then find that calves make a noise when they are weaned, irrigation systems make a noise when they are switched on and covers for crops for bird protection, et cetera, reflect the sun and create inconvenience for the purchaser? People then go to the local council to try to stop their neighbour from practising a normal rural activity. They want to remove the right of farmers to farm, which they have done for generations in many cases. Many people tend to think that farming is an idyllic lifestyle, but immediately after purchasing a lifestyle property they want to stop an activity that has been taking place for generations.
A major industry in the Bombala area these days is pine plantations. When tree-changers buy a five-acre block the first thing they want to do is stop timber companies planting pines on the property next door because they do not like the look of it. Aesthetically it is not what they want. Therefore, they go to the council, make objections, and undertake a legal process to try to stop timber companies from planting the area with a renewable resource which provides hundreds of jobs in the area. We come up against this problem day in and day out in fast-growing regional areas, be they on the North Coast or on the South Coast. It is imperative that the Parliament send a signal that people have a right to farm.

Calves being weaned make a noise, and people who buy five-acre or concessional blocks should acknowledge that they are prepared to accept that as part of the rural lifestyle. As part of the tree-change attitude they should be prepared to accept farming activities. This legislation will give farmers the opportunity to continue to farm the way they do. We could speak for hours on the nuances of the bill, which provides a simple right. The legislation sends a simple message that farmers have a right to farm. We welcome people who choose to live the rural lifestyle on a rural residential block. However, they must understand that spraying chemicals, weaning calves, irrigating, and covering crops are part and parcel of a farming lifestyle, and they should acknowledge that fact when they purchase rural residential blocks. I urge honourable members to support the bill.

Mr NEVILLE NEWELL (Tweed—Parliamentary Secretary) [11.16 a.m.]: At the outset I indicate that the title of this bill is somewhat misleading. The provisions of the bill introduced by the honourable member for Ballina are different from those in similarly titled legislation operating in other countries. Generally, the right to farm legislation seeks to protect farmers from complaints about their environmental performance. However, this bill proposes that rural land use notices be given to purchasers of land adjoining or adjacent to rural land. Unfortunately, this intention of the bill is totally misguided. The right to farm legislation does not deliver the security desired by farmers or the environmental and amenity outcomes desired by the community. Both Western Australia and Tasmania have introduced similar Acts and they have not been successful.

Mr Thomas George: Who wrote that rubbish?

Mr NEVILLE NEWELL: I will move on in a moment—the honourable member should not worry. One must ask why the honourable member for Ballina has not learnt from mistakes made in the other States. The bill introduces more paperwork and obligations for local government. However, it will do nothing to prevent land use conflict or the loss of good agricultural land to urban development. I emphasise that point for the honourable member for Coffs Harbour, the honourable member for Ballina and perhaps even the honourable member for Upper Hunter.

Mr George Souris: I will speak for myself, if that is all right with you.

Mr NEVILLE NEWELL: In case the honourable member for Upper Hunter did not hear me, I repeat: the bill will do nothing to prevent land use conflict or the loss of good agricultural land to urban development. That is what we should be looking at. For instance, we have land use conflicts in the Tweed electorate, and they occur also in the electorates of members opposite, particularly in electorates on the coast. The Tweed probably has one of the highest growth rates; it is a very urbanised area and land use conflicts do arise. For many year people saw the potential for land use conflicts to occur; such conflicts have not suddenly arisen. For instance, there are land use conflicts in relation to farmland in Cudgen. Problems arise because The Nationals want the land to be subdivided even further. They want good agricultural land. It is probably some of the most productive land in Australia—

Ms Katrina Hodgkinson: Do you own it?

Mr NEVILLE NEWELL: No, I do not have a vested interest, for the benefit of the honourable member for Burrinjuck, but I do have a vested interest both as the local member and as a person who wants to see some of these land use conflicts resolved, and who wants to see agricultural land remain as farmland. I want to see agricultural land continue in production. I remind the House of the example of the Cudgen farmland. Members of The Nationals—one of whom would not declare her own interest in this farmland when she was on council and was reprimanded quite strongly for trying to sell it off for development—want it to be subdivided for residences and for other commercial purposes. Certain members of Parliament and party organisations have done very little in the past to protect agricultural land.

Madam ACTING-SPEAKER (Ms Marianne Saliba): Order! The honourable member for Coffs Harbour will cease interjecting.
Mr NEVILLE NEWELL: The honourable member for Ballina acknowledged at the end of his second reading speech that this bill seeks to clarify what the existing law already provides. Most members do their homework before they seek to introduce a bill into the House. The systems already in place are more effective at avoiding land use conflict. The Government is encouraging strategic land use planning to identify agricultural land use zones and to use planning mechanisms for its protection. The Department of Infrastructure, Planning and Natural Resources is also implementing a wide variety of planning reforms which include the development of agricultural sector strategies and revised local environmental plans by councils.

Mr Andrew Fraser: You do not have anyone doing that.

Mr NEVILLE NEWELL: We have three good administrators who are doing a fine job and looking after farmers as well—and that is much more than the previous Nationals-dominated council on the Tweed was ever able to do. Strategic planning that identifies agricultural land and mechanisms for its protection will have far greater success than this right-to-farm bill. Strategies have to be put in place to identify agricultural land. Councils do not need to stand over departmental officials trying to get them to change their rulings on agricultural land. Councils do not need to stand over other representatives and try to bully their way into subdivisions. We must have a strategic plan that identifies agricultural land and mechanisms for its protection, and that is why the sort of program we are putting in place will have a much greater success than this right-to-farm bill.

I agree with what members opposite are trying to achieve in a broader sense but I do not agree with the way they are going about it. I wish I could come to the conclusion that they are genuinely trying to achieve an outcome, rather than kite flying. I am not interested in kite flying; I want to see success. I want to see things done to ensure that the little remaining agricultural land stays as agricultural land rather than be put under pressure from developers and others who see it as superannuation and consequently want to subdivide it so they can capitalise on it. We want that land to stay as farming land. That is where a right to farm farmland is important, so that it not just left for people who want to treat it as superannuation further down the track. We need to go that little step further and loop our planning into the system to ensure that we do protect our farmland.

The State Government will continue with its strategic and carefully planned reforms that will lead to long-term and sustainable results. Rather than ad hoc rezoning of land, which usually results in more land use conflict, we have to ensure landowners in those zones respect the agreed planning rules relevant to their land and do not seek to undermine them. However well-intentioned, this bill will do nothing to achieve the honourable member for Ballina's stated aims. That approach is symptomatic of a party that lacks policies, strategies or, in this case, sound research. Perhaps the honourable member should seek to properly inform himself of the existing statutes before he further wastes the time of this House.

Mr GEORGE SOURIS (Upper Hunter) [11.24 p.m.]: It is with pleasure that I support my colleague the honourable member for Ballina in his presentation of this bill. This is an issue he has held close to his heart for many years. It is an issue he has had to confront particularly in the growth area that he represents, but it is also an issue that enlivens debate from many quarters, including my electorate of Upper Hunter, where I have encountered numerous examples of the issue that this bill seeks to confront. I was taken aback by the contribution of the honourable member for Tweed, who was disingenuous in the extreme. His claim that he would prefer and would seek legislation that would codify land use well beyond the present argument, but that he could not support this bill even though it went down a path that he professes to admire, is hypocritical, contradictory and disingenuous. The contribution by the honourable member—a member of the Labor Party who represents a country electorate—will not go down well in his electorate.

The essence of the legislation is to use knowledge and understanding to avoid conflict about land use. Such conflict can be prevented easily with information and notification of intending purchases. It is nonsense to suggest that local government would incur additional paperwork, because the legislation would simply require the placement of a notation on an existing certificate issued by local government. However, the bill seeks to resolve land use disputes by preventing them, which would save local government some of the considerable paperwork that it is already dealing with at great cost to its ratepayers. This bill seeks to reduce paperwork and to reduce the cost encountered by ratepayers. An intending purchaser who is given information that clearly identifies the existing agricultural use cannot subsequently say that impacts experienced after purchase were previously unanticipated, were not notified, were not expected, or were contrary to what ought to have occurred. This legislation is a way of protecting existing agricultural land use by preventing the argument that a new purchaser has encountered unexpected impacts from existing land use.
Time prevents me from referring to the many examples of land use conflict that I am aware of. A Cessnock timber miller whose family has milled timber for more than 100 years is encountering arguments from city people who have purchased small acreages on which they want to establish country guesthouses where they can enjoy tea and chardonnay in the afternoon. They argue that the timber mill should cease operation because it might create noise or be seen from nearby verandahs. That is seriously unfair. The intending purchaser should have been informed that an existing timber milling land use operation had been continuing for more than 100 years and that this land use right would be protected and defended should there be any dispute. It is a prior, existing, long-term, traditional use, and the weight of argument would rest prima facie with that existing land use and the existing landholder, not with the intending purchaser who claims impacts were not in existence when he or she was considering the purchase.

In the interests of brevity and to benefit other honourable members who wish to speak, I conclude my remarks. I commend the honourable member for Ballina for his foresight in introducing this legislation. I commend the bill. If Government members are genuine about the right to farm and about existing land use rights, the overwhelming force of their argument supports the bill.

Debate adjourned on motion by Mr Steve Whan.

Pursuant to sessional orders business interrupted.

Motion by Miss Cherie Burton agreed to:

That standing and sessional orders be suspended to permit the consideration of Legislative Council amendments between items of business at this sitting.

Consideration of the Legislative Council's amendments.

No. 1 Page 5, clause 7 (1) (e), line 30. Omit "or any other".

No. 2 Page 5, clause 7 (2), line 32. After "Fund", insert "nor can they be applied for any purpose by any other Act".

Legislative Council's amendments agreed to on motion by Miss Cherie Burton.

Resolution reported from Committee and report adopted.

Message sent to the Legislative Council advising it of the resolution.

Consideration of the Legislative Council's amendment.

Page 5, clause 4. Insert after line 11:

(10) Sections 40 and 41 of the Interpretation Act 1987 apply to an accreditation scheme adopted by the Minister under this section in the same way as they apply to statutory rules within the meaning of that Act.

Legislative Council's amendment agreed to on motion by Miss Cherie Burton.

Resolution reported from Committee and report adopted.

Message sent to the Legislative Council advising it of the resolution.
Consideration of the Legislative Council's amendments.

No. 1 Page 8, Schedule 1 [1] (proposed section 26J). Insert after line 23:

, and

(e) a summary of the grounds on which the order is made.

(2) To avoid doubt, subsection (1) (e) does not require information to be included in a summary if the disclosure of the information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 of the Commonwealth).

No. 2 Page 11, Schedule 1 [1] (proposed section 26N (4)), line 6. Omit "will assist in achieving". Insert instead "is reasonably necessary to achieve".

No. 3 Page 11, Schedule 1 [1] (proposed section 26N). Insert after line 31:

(8) The Supreme Court may refuse to make a prohibited contact order unless the police officer applying for the order gives the Court any further information that the Court requires concerning the facts and other grounds on which the police officer considers the order should be made.

No. 4 Page 17, Schedule 1 [1] (proposed section 26X). Insert after line 19:

(6) During any period that a subject under 18 years of age is not detained under an arrangement in force under this section, a police officer must not detain the subject together with persons who are 18 years or older unless the nominated senior police officer under section 26R considers that there are exceptional circumstances and approves of that detention.

No. 5 Page 17, Schedule 1 [1] (proposed section 26Y (2)), lines 36-38. Omit all words on those lines. Insert instead:

(c) the people that the person is entitled to contact under sections 26ZE and 26ZH and the restrictions that apply to any such contact, and

No. 6 Page 18, Schedule 1 [1] (proposed section 26Z (2)), lines 36-38. Omit all words on those lines. Insert instead:

(c) the people that the person is entitled to contact under sections 26ZE and 26ZH and the restrictions that apply to any such contact, and

No. 7 Page 19, Schedule 1 [1] (proposed section 26ZA (3)), line 39. Omit "physical".

No. 8 Page 20, Schedule 1 [1], (proposed section 26ZB (1) and (2)), lines 7-16. Omit all words on those lines. Insert instead:

(1) As soon as practicable after a person is first taken into custody under an interim preventative detention order, the police officer who is detaining the person under the order must give the person a copy of the order.

No. 9 Page 20, Schedule 1 [1], (proposed section 26ZB (5)), lines 25-31. Omit all words on those lines. Insert instead:

(5) A person who is being detained under a preventative detention order may request a police officer who is detaining the person under the order to give a copy of the order to a lawyer acting for the person in relation to the order.

No. 10 Pages 20 and 21, Schedule 1 [1], (proposed section 26ZB (6), (7) and (8)), line 33 on page 20 to line 3 on page 21. Omit "or the summary" wherever occurring.

No. 11 Page 24, Schedule 1 [1], (proposed section 26ZG). Insert after line 17:

(4) If the police officer who is detaining a person under a preventative detention order has reasonable grounds to believe that:

(a) the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language, and

(b) the person may have difficulties in choosing or contacting a lawyer because of that inability,

the police officer must give the person reasonable assistance (including, if appropriate, by arranging for the assistance of an interpreter) to choose and contact a lawyer under subsection (1).

No. 12 Page 31, Schedule 1 [1], (proposed section 26ZO). Insert after line 13:

(3) The Commissioner of Police is to ensure that the Ombudsman:

(a) is duly notified of the making of a preventative detention order or prohibited contact order, and given a copy of any such order, and

(b) if a person is taken into custody under a preventative detention order—is duly notified that the person has been taken into custody, and

(c) if an order is revoked—is duly notified of the revocation.

Legislative Council's amendments agreed to on motion by Miss Cherie Burton.

Resolution reported from Committee and report adopted.

Message sent to the Legislative Council advising it of the resolution.

Madam ACTING-SPEAKER (Ms Marianne Saliba): Order! It being after 11.30 a.m., the House will now deal with General Business Notices of Motions (General Notices).

Mrs JUDY HOPWOOD (Hornsby) [11.36 a.m.]: I move:

That this House:

(1) notes that there are numerous young people in nursing homes with brain injuries and other health problems (such as multiple sclerosis) necessitating 24-hour nursing care;

(2) notes that these people would do better in facilities designed to meet their specific needs thereby releasing nursing home beds; and

(3) calls on the Government to recognise the need for places to care for younger people with debilitating illnesses who do not fit into the category of nursing home residents.

This is a most important motion on an emotional subject. There is nothing worse than going into a nursing home—where you would expect to see people in their twilight years—and being confronted with a young person, in some cases as young as 10, accommodated there. Young people are prone to car accidents in which they may acquire brain injuries and multiple injuries. They also may suffer from neuropathies and other illnesses which necessitate 24-hour care. At the moment such young people have great difficulty finding a place to receive care when it is impossible for their significant others, including their parents, to provide that care. In many cases they will end up in a nursing home, where they may be the only young person.

The Government must recognise the need to provide places for young people suffering debilitating illnesses. The situation is urgent. Young people should not be placed in nursing homes, which are inappropriate for their needs. The staff in nursing homes provide fantastic care for the aged. I do not detract from that for a moment. Young people, being unique residents of nursing homes, cannot have their needs met adequately when the majority of the residents of the nursing home are elderly. I implore the Government to take the motion seriously and to vote in favour of it. Approximately two-thirds of younger nursing home residents have degenerative neurological disease such as multiple sclerosis, Parkinson's or motor neurone disease. One-third have acquired brain injury. One-third of younger nursing home residents with multiple sclerosis suffer depression and only 11 per cent receive treatment for that depression. This information comes from statistics gathered by the Physical Disability Council. I commend the council for its work.

There is an impact on the health system because accommodating younger people in nursing homes means that fewer beds become available for older people in aged care facilities. That in turn causes upstream blockages of acute hospital beds. The placement of young people in nursing homes means longer hospital waiting lists. In Victoria it has been estimated that 500 hospital beds are blocked by older people who are awaiting nursing home placement. I will go to the statistics for New South Wales in a moment. It is the case that 4.5 per cent of all nursing home residents are under 65 years of age. That means you are 1.5 times more likely to end up in a nursing home in Australia than in America if you become disabled as a young person. In relation to costs, the Commonwealth care subsidy is $42,500 per annum compared with the $65,000 to $85,000 that it costs to provide full care. Younger residents often have higher support needs than older residents, and in some cases care resources are diverted away from older residents.
As I said, there are many examples of young people being accommodated in nursing homes. I have received a number of letters detailing those examples. In my local area the Fuller family has a young person, Fiona, in a local nursing home and they try on a daily basis to raise the Government's awareness of the fact that Fiona should not be accommodated there and should be in a facility that is more appropriate to her needs. I referred earlier to the Physical Disabilities Council, but at this point I want to acknowledge the work of a number of other organisations involved with this issue. The Young People in Nursing Homes initiative has worked extremely hard to raise awareness of this issue. They have what they term "stress houses" that people can sign as an indication of support. Photographs may be attached and will be displayed on the group's web page. They are asking all politicians to realise that this is an extremely serious matter.

I commend Voter Lobby, voterlobby@fairgo.org, for raising this issue personally with me and with every other member of the New South Wales Parliament. I also commend the work of the New England Young People Inappropriately Placed in Nursing Homes Interest Group. In October 2005 that group developed a policy to provide a number of options to government in an attempt to find a solution to the problem that would enable these young people to be placed in a form of care other than a nursing home. The latest figures from a Commonwealth Government Senate inquiry, Access and Equity in Aged Care, indicate that there are presently more than 6,000 young people with disabilities who have been placed inappropriately in residential aged care facilities in Australia. The New England Young People Inappropriately Placed in Nursing Homes Interest Group has identified 34 young people with disabilities currently residing in residential aged care facilities in the New England region.

The disabilities of inappropriately accommodated young people include acquired brain injury, multiple sclerosis, Gullian-barré syndrome and other degenerative diseases, spinal cord injury, cerebral palsy and intellectual disability. Data from Hunter New England Health indicates that in the 2004-05 financial year people classified as nursing home type occupied 1,749 hospital bed days across the northern area of the Hunter New England Area Health Service. Those figures exclude acute care time. This data indicates that 28 people were awaiting nursing home placement for an average of 62 days at $605 per bed day—Tamworth rehabilitation ward current cost. That is costing Hunter New England Health approximately $1,058,145 per annum. If younger people with a disability could be accommodated more appropriately, the beds could be made available for elderly residents requiring a similar level of care, and hospital beds would be freed for acute needs.

Many young people with disabilities in nursing homes are not reaching their potential in self-care and independence due to lack of access to therapy staff and appropriate therapeutic programming. Access to appropriate therapy services—including a behaviour management team staffed by a neuropsychologist and clinical psychologist, physiotherapist, occupational and speech therapies—would allow these people to gain the maximum quality of life. The Government should be trying to provide these people with quality of life and options to reach their potential. Every day on average in Australia a young person with a disability goes to live in an aged care facility. That shocking figure is made worse by the fact that some of these young people are younger than 10 years of age. The reason they are forced to accept beds in aged care facilities is due to the lack of available alternative accommodation to address their high or complex needs.

Many of these young people have sustained catastrophic injuries in situations where compensation is not available. Some have developed degenerative neurological diseases, such as multiple sclerosis and Parkinson's disease. At the current rate of entry there will be over 10,000 young people living in aged care facilities by 2007. That is reprehensible. I implore the Government, as I have already done, to support this motion. We need to do something immediately about the number of young people residing in inappropriate care facilities. As I said, such facilities are appropriate for aged people; they are inappropriate for young people. They need residential facilities, day care centres or some form of care giving that is appropriate to their young needs. They should not be residing in aged care facilities. Fiona, whom I mentioned earlier, is suffering from depression. Her family is absolutely desperate to get her out of the nursing home where she currently is, but there are no options.

Ms GLADYS BEREJIKLIAN (Willoughby) [11.46 a.m.]: I am pleased to participate in this debate, and I take the opportunity to commend the honourable member for Hornsby for having brought this issue to the attention of the House. She is passionate about the repercussions that stem from young people with severe intellectual and other disabilities being housed in nursing homes when they should be given maximum quality care to assist them to reach their full potential and enjoy a decent standard of living. I note that the honourable member for Hornsby gave notice of this motion on 19 June 2003, more than two years ago. It is regrettable that it has taken so long for the House to consider such an important issue.
It is also regrettable that in two years since the honourable member gave notice of the motion the State government has done nothing to improve the situation. In fact, I wish to place on the record a media release issued by the shadow Minister for Disability Services only yesterday which reiterates that New South Wales has more people with disabilities living in aged care facilities than any other State. That is a shocking indictment of this Government's inaction and its failure to assist young people with disabilities who are forced to live in nursing homes and aged care facilities. That is ironic, given that Morris Iemma, on assuming the leadership of the Labor Party and the Premiership of this State, said that one of his three priorities was disability services. The fact is that he has done nothing since he has been Premier.

The Premier is part of a Government that has, for the past decade, failed to address this serious issue. There is no doubt that the New South Wales Government has failed to provide enough community-based accommodation for people who simply should not be in nursing homes. There are more than 1,350 people with disabilities aged under 60 years in nursing homes in New South Wales. That is the highest total in Australia and the highest per capita percentage. The Minister for Disability Services confirmed that figure in the other place when he was asked a question by the shadow Minister for Disability Services this week. The Labor Government has accepted that this is a massive problem but has failed to act in that regard.

I understand that the Council of Australian Governments has been investigating the issue since the former Premier, Bob Carr, and other State Premiers agreed with an initiative of the Prime Minister. The New South Wales Government has a historic opportunity to assist the Commonwealth in finding a solution to this problem, but its unwillingness to participate in the debate and accept a share of responsibility shows a total lack of compassion. This week most members of Parliament would have received letters from a number of community-based organisations that are specifically concerned about this issue. I received one such letter from the National Alliance of Young People in Nursing Homes. A letter from a woman in Sylvania stated:

Yesterday, I attended a meeting for Young People in Nursing Homes … I visit nursing homes regularly. I am saddened to see young people with very serious injuries or congenital diseases placed in these surroundings with no social outlets, no companionship and no hope. These are people with 24 hour needs. It appears that accident victims, after I believe six months in acute care, are then placed in nursing homes or state institutions with little or no physio, and just left. They cannot access the rehabilitative support and services they need to live productive lives. There are no social outlets for them and their friends stopped coming after a while …

The letter concludes:

I personally feel it is a disgrace that in a country such as Australia we are treating those in need no better than any third world country …

The author of the letter urges authorities to consider the extent of the problem and to act accordingly. I again place on record that, notwithstanding Premier Iemma's comments regarding the action he will take on disability services, this motion has been on the notice paper for more than two years and the Government has had more than a decade to tackle this enormous problem. On Tuesday this week the Minister for Disability Services in the other place, in answer to a question asked by the shadow Minister for Disability Services, confirmed that 1,350 young people with disabilities are living in nursing home accommodation in New South Wales. The answer the Minister gave about what he was doing regarding this tragedy—that is all we can call it—was full of political dogma and rhetoric, and lacked any sense of vision or commitment to addressing the issue.

I can only imagine the angst and stress suffered by the families of young people with a disability, particularly older parents who are concerned about the future of their children once they are unable to care for them. Parents who watch their children graduate from high school into nursing homes would also suffer such angst and stress. I will refer to an example of that in a moment. I wish to cite the case of Allegra, about whom Adele Horin wrote an article in the Sydney Morning Herald on 8 August 2005. The article reads:

As a six-year-old with quadriplegic cerebral palsy, [Allegra] had been accepted into mainstream classes at Kelso Public School, near Bathurst, as part of a new policy of inclusion …

Now in year 12 at Kelso High School, Allegra is 17 and, like all "life skills" students, will finish school next month. With no alternatives, she will go into a nursing home.

The article quotes Allegra's mother as saying:

Allegra either graduates from high school to a nursing home or to life on a farm with two very tired parents who have not had a full night's sleep in 18 years.

That is of the plight of families in this situation. Governments should take care of those who are most vulnerable. We are failing parents, families and communities with young people who have specific needs. Rather than providing appropriate accommodation and support for them, they are being placed in facilities that are not appropriate for their needs and the level of care they require. The saddest part of Allegra's story is her mother's comment:

We never imagined in our wildest dreams Allegra would graduate from high school to a nursing home.

It is simply tragic that this young person, who has attended a mainstream school and who no doubt has been loved by her school community, now faces the prospect of entering a facility that is certainly inappropriate for her specific needs. As I said at the outset, I am pleased to participate in this debate. I again commend the honourable member for Hornsby for bringing this matter to the attention of the House. I am absolutely disgusted and appalled by the State Government's lack of action with regard to the issue and its lack of momentum in trying to resolve the issues relating to people under 60 having to be placed in nursing homes. It is a human tragedy, and young people and their families are suffering. I believe strongly in the right of individuals to reach their full potential in society and to have the best standard of care and quality of life that can be provided for them.

Since I have been a member of this place, and before that time, I have heard nothing from the State Government about its commitment to addressing this serious issue. The fact that New South Wales has not only the highest total number of young people in nursing homes but the highest per capita rate of young people in nursing homes is a sad indictment of our community and, of course, of the State Government. I commend the motion and urge all members to support it. I am sure all members would have faced the situation of having someone in their local community suffer enormous stress and angst because there is not an appropriate facility to provide for the special needs that the young person in their family may have.

Indeed, many people who are in their thirties, forties and fifties are in nursing homes when they should not be there. If members do not support the motion, it will be a sad demonstration of the Government politicising this issue, rather than accepting that it is a problem that needs to be addressed. Rather than paying lip-service to the issue, the Government needs to work with the Federal Government and the Premiers of other States and Territories to implement important solutions to what is a human tragedy and crisis. I commend the motion to the House.

Miss CHERIE BURTON (Kogarah—Minister for Housing, and Minister Assisting the Minister for Health (Mental Health)) [11.56 a.m.]: The Government acknowledges that there are concerns in the community about younger people with a disability living in nursing homes with older residents. While the number of this group is small, the New South Wales Government continues to work towards improving levels of support and reducing future admissions. We have provided this group with priority access to the Attendant Care Program, we have ensured that Government agencies collaboratively explore alternative care arrangements in favour of a nursing home placement, and we continue to look at ways to support them to maintain links with the community through community access programs.

Plainly, the resolution of this issue is only possible with the development of new and appropriate accommodation and support models, and the New South Wales Government is currently considering this. In July and August 2005 Minister Della Bosca hosted two roundtable discussions on disability accommodation, to continue to progress the debate about disability accommodation and support. These discussions will inform the development of an action plan for disability accommodation. Further, as members would appreciate, the involvement of the Commonwealth Government is vital, as nursing homes are under its jurisdiction.

The New South Wales and Commonwealth governments have already negotiated a bilateral agreement which outlines how we will work together to develop better support services for this group. This work is a significant and essential step to finding long-lasting and effective solutions. The discussions around jurisdictional responsibility for aged care and disability services that occurred at the recent Council of Australian Governments meeting, and the subsequent establishment of a working group of officials, is another positive step towards ensuring that progress is made for this group of people.

The group began work in July and is examining alternative services outside of nursing homes and the financial implications of alternative services. The group will also consider people who are not receiving services, as well as the interface with the aged care and disability sectors more broadly. A report is due to the council in December 2005. At the Community and Disability Services Ministers conference in July Minister Della Bosca raised the issue of older people with a disability living in group homes and other disability accommodation. Many of these people would be more appropriately supported in an aged care service where they could receive care and accommodation more suited to their needs. This would allow younger people the opportunity to move into disability accommodation.

Mr GREG APLIN (Albury) [11.58 a.m.]: I commend the honourable member for Hornsby for bringing to the attention of the House the inadequate provision of care for people with an acquired brain injury. I, too, am concerned that people with disabilities, including people with an acquired brain injury, continue to be placed in residential aged care due to a shortage of State-Government-provided specialist disability accommodation. This motion was placed on the notice paper in June 2003. At that time I met with the Disability Advocacy and Information Service, which is based in Albury-Wodonga, to discuss the situation of a 40-year-old male, Trevor, who inappropriately resides in a nursing home for aged people in Albury.

One of the problems Trevor has confronted is that there is no access to activities outside of this aged care home, only those arranged with other elderly residents. I reiterate that this young man is in his early forties. He currently requires a new electric wheelchair because his current chair is manual, and given that he has paralysis on one side of his body it is impossible for him to self-propel his chair. Therefore he is dependent on the availability of nursing staff to move him around the home. Given the nature of his injury, Trevor's behaviour is not always appropriate and he sometimes displays behaviour that is difficult for the staff to deal with because they are staffing an aged care home and not a home that is equipped to deal with acquired brain injury patients.

Quite clearly Trevor would greatly benefit from a placement in a small community residential unit that is better resourced to deal with his many specific needs. An application was put through the Service Access System but was rejected as technically Trevor has accommodation, however inappropriate to his needs. Unfortunately, that was confirmed by the Minister at the time, who said that Trevor was unable to receive support from the program through the Department of Ageing, Disability and Home Care because he did not meet the current Decision Rules. Quite clearly, the Minister accepted that there were questions over the appropriateness of his current accommodation in a nursing home, but she stated:

… at present there are limited supported accommodation vacancies available in the Western Region and priority is given to those people who are homeless or at immediate risk of abuse.

The NSW Government accepts that more needs to be done to develop better support services for this group. Through the Commonwealth/State/Territory Disability Agreement, the NSW Government is seeking to establish a bi-lateral agreement with the Commonwealth to commence the development of these services.

Unfortunately, that situation further deteriorated because Trevor was threatened at some stage with having to leave the facility because he was technically in breach of some of the policies of the aged care home. Again, quite clearly, the facility was unable to provide the necessary level of care. This reduced his mother to tears and there was obvious tension between the management of the aged care home, the staff, the patient and his mother. It was again stated that the Department of Ageing, Disability and Home Care had no funding available to assist.

Unfortunately, a similar situation arose just last week when I was approached by Ms Marilyn Galvin on behalf of her sister, Ms Lorraine Creek. Ms Creek currently resides in a nursing home designed for aged persons, and her roommate is 100 years old. Ms Creek is only 52 years of age and has an acquired brain injury. She was placed in the nursing home following discharge from Albury Base Hospital. Her injury was a result of a stroke and has resulted in significant impairment. The staff at the nursing home do their best to meet her needs, but it is an aged care facility and it has limited resources.

The unintended consequence of placement in a nursing home has been that Ms Creek has been unable to access any disability services that could enhance her quality of life. Social contact with people of her own age is limited to outings with her sister. Ms Galvin is on a limited income and while she does her best to fill the gap in care needs, such as providing a wheelchair, she feels that her sister's quality of life is compromised by placement in an aged care facility where there is no active rehabilitation or age-appropriate recreation programs available to Ms Creek. Clearly, the Government needs to act, and it needs to act quickly. By contrast, Victoria accepted the Federal Government's Innovative Pool pilot program, which New South Wales rejected because the program was only for two years. I commend the motion to the House.

Mrs JILLIAN SKINNER (North Shore) [12.03 p.m.]: I commend my colleague the honourable member for Hornsby for moving this extremely important motion, which states:

That this House:

(1) notes that there are numerous young people in nursing homes with brain injuries and other health problems (such as multiple sclerosis) necessitating 24-hour nursing care;
(2) notes that these people would do better in facilities designed to meet their specific needs thereby releasing nursing home beds; and

(3) calls on the Government to recognise the need for places to care for younger people with debilitating illnesses who do not fit into the category of nursing home residents.

I read the motion because its various elements are very, very important and worth dwelling upon. I also note that notice of the motion was given in June 2003. It is an incredible indictment of the Government that the motion is as relevant today as it was when the honourable member for Hornsby gave notice of it two years ago. It shocks me to know that there are 1,350 young people under 65 in nursing homes, places which are intended for older members of the community. When I was elected to this place in a by-election in 1994, one of the first representations I made on behalf of my constituents was in relation to Barbara McEvoy, who was then a resident in a nursing home in Mosman. She had a degenerative disease that was going to eventually lead to her total paralysis and she knew she needed to use all of the energy she had to get out of that nursing home and into more appropriate accommodation.

I was very pleased to work with Barbara McEvoy and her friends and relatives to make that happen. It was a hard and arduous task because nobody wanted to listen—it was too hard. But eventually we managed to find a group home and then persuaded the Government of the day—which happened to be a Coalition government—that it should provide the support services for Barbara and others in the group home, which is located in the Chatswood area, in the electorate of my colleague the honourable member for Willoughby. I have visited Barbara and others in that home since then, particularly in recent times when there was a threat to have some of their support services removed. By the time Barbara moved to the group home she was in a very debilitated state and, along with her fellow housemates, she needed a great deal of intensive nursing care. But how much happier these individuals were in a home of their own, not stuck with people whom they really had nothing in common with. I think it is an indictment of the Government that we still have so many younger people in nursing homes where they should not be.

During the time I was shadow Minister for Health I recall the Government often saying that older people occupying acute care beds in hospitals were responsible for a blow-out in waiting lists. The reality was that these older people needed to be in nursing homes, but many nursing home beds were inappropriately occupied by younger people. That is one of the reasons why this matter was put on the agenda of the Council of Australian Governments and there was an agreement between the Commonwealth and the State to put in place a strategy to deal with it. I am saying: What has happened? Where is the action? Where is the implementation plan? A few minutes ago it appeared that the Minister had been embarrassed into making a response, but there was no indication to this House that there was going to be any real improvement in the situation. I call on the Government to support the motion and make it a unanimous, bipartisan approach. Let us make sure we all stand up together for the rights of young people to live in appropriate accommodation, and the rights of older people to have nursing home beds available for their care.

Mr BARRY O'FARRELL (Ku-ring-gai—Deputy Leader of the Opposition) [12.08 p.m.]: I am pleased to support such an important motion. I am grateful to have had the opportunity to do so because I know the honourable member for Hornsby has been inundated with requests by members on this side of the House to participate in the debate. I note that the only reason I can participate is that Government members, other than the Minister, have failed to do so. There is probably not a member in this House who has not encountered the terrible situation of a younger person with acquired brain injury or some form of debilitating illness being confronted with the prospect of spending their remaining years in an aged care facility. And let us be honest, that is what nursing homes are: they are aged care facilities.

I know this problem is particularly acute in country towns, where the sorts of resources, the caring options and the accommodation options are much scarcer than in a big metropolitan area like Sydney, but the reality is that it is not only an issue for young people who are inappropriately housed in a facility that also houses people who, as the honourable member for Albury indicated, might be 100 years of age; it is also an issue for the staff who work in those aged care facilities. I have had my own dealings involving an attempt to evict a young woman in an aged care facility because of her behaviour. I understood the attitude of the staff, who expect to deal with aged people, whose level of treatment and behaviour is far different from that of the sector we are talking about here. I understood the position of management, who have to keep their staff happy. But it seemed to me that no-one took an interest in the young woman, who faced an uncertain future because, for the last decade or so, the Government has refused to act in this most critical of areas, where, above all, compassion and care ought to be displayed.

If one were to listen with all generosity to the Assistant Minister for Health, one would assume this was a modern problem. But I take up the point of the honourable member for North Shore that for more than a decade the Government, in seeking to defend its health policies, has derided and labelled aged people in hospitals as "bed blockers", a very insulting term to those people. The simple equation that the honourable member for North Shore recited is that if this Government, over any period in the last 10 years, had accepted its constitutional responsibility to provide housing options for these young people other than in aged care facilities, they could have opened up 1,300 nursing home beds that could have been available for the people they claim are clogging up the public hospital system.

The problem in politics and in life is that if one is looking for reasons not to do things, they can be very easily found. For 10 years the Government has found reasons not to act in this area and not to act in relation to what it has described as its "bed blocking" problems in hospitals. The reality, though, as the honourable member for Albury has indicated, is that when a government has a different mind-set, solutions can be found. The Victorian Government is co-operating with a two-year pilot program initiated by the Federal Government. However, this Government still is not.

I do not believe that the Government gets the message, realises the impact of this issue upon the community or, quite frankly, realises the importance of this issue to the young people concerned or to the older people who have to share existing aged care facilities. For too long over the past decade the Government has sought to blame the Federal Government and lay issues at its door. Finally, the Federal Government has been forced because of the failure of State governments, particularly this State Government, to address the problem. Once again, through the Council of Australian Governments, the Federal Government is offering leadership because the States have refused to. The Federal Government is responding to State-based concerns because the State governments have refused to.

The Federal Government is demonstrating its compassion and concern in a very difficult area because the New South Wales Government will not do so. For all the criticism the Federal Government cops, the people I have dealt with over the past 10 years on this specific problem understand that at least the Federal Government has members who understand the problem. Along with my Federal member, Brendan Nelson, I visited Fiona Way at our local nursing home. We saw the problems these people face and the care they require as they seek to live the rest of their lives in aged care facilities. This is not appropriate, and better options are required. I am delighted that the Federal Government is looking at those options and I congratulate the honourable member for Hornsby on moving the motion.

Mrs JUDY HOPWOOD (Hornsby) [12.13 p.m.], in reply: I thank the honourable member for Willoughby, the honourable member for North Shore, the honourable member for Albury and the Deputy Leader of the Opposition for contributing to this important debate. I also thank the Minister Assisting the Minister for Health (Mental Health) for her short contribution. I assume from her comments that the Government will support the motion, as she said that the Government is working on attendant care funding and is considering new accommodation.

This is an emotional issue. It is heart wrenching to visit a young person whose only option is to live in a nursing home for the rest of his or her life. We have heard that 1,350 young people live in New South Wales nursing homes, and I consider that to be an enormous number. Those beds would be better occupied by older people who are now in acute hospital beds. I implore the Government to support the motion and to move more quickly on this issue. The motion has been on the notice paper for 2½ years and I understand that a meeting will be held to advance the issue, but that is not fast enough.

I congratulate Fiona Way's family on bringing this unrelenting fight to the serious attention of the lawmakers who can help her family and many other families across New South Wales who are very frustrated because insufficient action is being taken. On many occasions as a nurse I visited homes in my and witnessed firsthand young people living at home because of a lack of suitable placement. These people need 24-hour specialist nursing care and their parents and carers are exhausted. They have been trying to fight off the decision to put them in a nursing home, but many have reached the point where this is the only option. There must be other accommodation choices for young people who need this specialised care.

Nursing homes meet the needs of older people but not of young people. The Government must take action to rectify the problem. The motion seeks support for young people who have an acquired brain injury or some sort of neuropathy or disease that requires extensive care around-the-clock. I commend the motion to the House and urge the Government to support it. We should be unanimous in our support in providing young people with disabilities and acquired brain injury from accidents with accommodation choices rather than a nursing home. It is an absolute tragedy that at present a nursing home is their only option.

Motion agreed to.
Mr DAVID BARR (Manly) [12.08 p.m.]: I move:

That this House:

(1) notes that ongoing problems with the facilities at Balgowlah North Public School have reached a crisis point with the school's power supply unable to cope with the winter conditions;

(2) notes that staff and students are currently being forced to work without lighting, the library has been closed, and computer classes have been abandoned; and

(3) calls on the Government to take urgent action so that staff and students do not have to work in these nineteenth century conditions.

I gave notice of this motion on 24 June 2003. At that time the school was receiving considerable publicity about leaky roofs, mould-ridden demountable rooms, evacuating students when a room leaked, and students suffering in the cold in winter. Since that time there have been developments in terms of the maintenance issues, and I will list them. The minor maintenance works undertaken at the school amount to what one could call a holding pattern so that such discomfort does not arise again. However, the school urgently needs major capital works to rectify all the problems. I acknowledge that minor maintenance works have been undertaken at the school. The boys' toilets were upgraded in 2004, electrical upgrades have been done, the school purchased a demountable administration block, the roof has been repaired, airconditioning has been installed, window repairs were completed in 2004-05, and a pedestrian path linking a demountable to an asphalt path was completed in November 2005. A brief is being prepared to address drainage issues at the school.

Some $300,000 allocated in 2003 for minor capital works was eventually spent on the refurbishment of three permanent classrooms—that was completed in October this year—which provided practical activity areas and classroom storage. But the schools till has many unresolved issues. I stress that it is a happy school. Students enjoy going there, and the parents and students are proud of the school and what it has achieved. In May the school celebrated its fiftieth anniversary, and there were many school festivities, a big marquee, and all sorts of activities. Many of the parents were students there. There is a strong esprit de corps among the staff, students and parents. But the school needs major capital works.

Previously in the House I have said that a facilities review of the school revealed many deficiencies. The projected enrolment for 2007 is 480 students. The school has 16 classes and is what is called a 14-core primary school, which can have between 11 and 17 classes. It is lacking in terms of the "primary school facilities" criteria. For example, the required size for "learning facilities" is 1,425 square metres, but the school has only 440 square metres. There should be an average of 95 square metres per teaching area, but it has considerably less than that. The administration area should have 142 square metres but it has only 84 square metres. The school requires a library and a covered outdoor learning area. Both the canteen and storage area are less than satisfactory.

In 2004 a concept plan was prepared in consultation with the staff based on the facilities review to work through nominations for inclusion in major capital works. The school community hired private architects to draw up a concept plan based on the facilities review, and I presented that plan to the Minister for Education and Training in May of this year. Basically, the school has only seven permanent buildings. It requires more permanent learning spaces, especially in view of the increase in local enrolments. It needs a permanent library to replace the demountable facility, with special program space. The demountable has been on site since 2000. The school needs a communal hall facility and a much-upgraded administration facility.

The administration block has been moved to a relocatable building purchased by the school. There is no toilet in this building, and the staff are required to walk 200 metres to the staff toilets. There is no access to a toilet for ill children in the sick bay, which is based in the relocatable administration building. If a child throws up or there is an accident it must be disposed of in the staff toilet 200 metres away. There is no interview room or assistant principal office space in the demountable office. There is a chronic need for storage; currently, shipping containers are used to house sports equipment and furniture. Only 57 square metres of storage space are available, not including storage for classrooms and storage classified under "administration facilities". Staff parking and a designated parents drop-off zone must also be provided.

Maintenance work at the school is long overdue. Balgowlah North Public School should be high on the priority list. It requires a significant contribution of capital to make it the place the students deserve and have been expecting for many years now. There have been maintenance issues with the demountables and a problem with student discomfort. In 2003 classes had to be cancelled because of these problems, and that is totally unsatisfactory. Since then some stop-gap measures have been taken to try to ensure that such problems do not recur. However, there is no guarantee, because the building fabric is old.

It is necessary for the Government, as a matter of priority, to commit to a major capital works program to bring the school up to the standard that the students, staff and parents deserve. Morale at the school is good. There is a strong demand for people to send their children there. Much of what happens at the school can only be praised, but the students deserve the kind of facilities we have a right to expect for our children in the twenty-first century. At the moment they do not have that. I call on the Government to commit to significant funding as a matter of urgency so the school can be upgraded.

Mr TONY STEWART (Bankstown—Parliamentary Secretary) [12.27 p.m.]: The Government does not support the motion as it stands. I move:

That the motion be amended by omitting all words after "That" and inserting instead:

"this House:

(1) acknowledges the Government's record on capital works in schools in the Manly electorate; and

(2) congratulates the Government on its commitment of funding for schools capital works in the 2005-06 budget."

We have a world-class education system in New South Wales—all of us, including the honourable member for Manly, are proud of that—and our students and staff are producing world-class results to match that system. We know that school facilities can contribute to the achievement of great academic results. That is why this Government is committed to providing high-quality teaching and learning resources. The Government believes in public education, and we are providing funding in line with that strong belief. It is a tragedy that the Federal Government has moved away from its accountability in terms of funding the public education sector. But we are doing our best with the resources available to us, given that New South Wales gives $13 billion in taxes to the Federal Government each year and receives only $10 billion back to fill the State's needs.

The Labor Government has had a proud record over its 10 years of supporting public schools, including schools in the Wakehurst area. We are building on that achievement with further capital works and security expenditure this year. This year's Education budget is more than $10 billion, and it provides significant funding for new and enhanced facilities in our public schools. More than $587 million is committed for capital works projects and maintaining more than 2,240 schools servicing almost 750,000 students. This funding provides for the construction of new schools and school upgrades such as new halls, canteens, classrooms and libraries. It also provides information and communications technology infrastructure, which is so appreciated by today's students and is so necessary for them to build skills for the future.

Two new schools were announced in the budget, at St Marys and Second Ponds Creek. These new schools will provide critical infrastructure for expanding communities. As well as major works, over 600 minor capital works projects were recently announced by the Premier and the Minister for Education and Training. That includes 139 air-cooling projects to make our classrooms in the hotter parts of the State more comfortable. We are also funding 170 special needs access projects to enhance the accessibility of our schools by building lifts, ramping and covered ways.

Additionally, the Government has committed funding for 39 new security fences at a cost of around $6 million this year. My electorate has benefited significantly. Schools like Yagoona and Belmore North and schools in the Greenacre region have all benefited from the security fencing because the Government reacted to community needs and delivered. All these projects will be undertaken this financial year to enhance our public schools. Since 1995 over $3 billion has been provided by this Government for school and TAFE improvements. Since 1995 we have spent an additional $1.5 billion on schools maintenance.

I am advised that from 1995-96 to 2004-05, schools in the Manly electorate benefited from over $39.5 million of capital works funding. That is $39.5 million that has gone into the Manly electorate to resource schools. If I had that in my electorate, I would certainly be boasting. The Government acknowledges the honourable member for Manly's commitment to public schools in his electorate. I am sure the honourable member will work closely with the new honourable member for Pittwater to deal with other needs in that region. I am aware that the honourable member for Manly regularly makes representations to the Minister on education matters, including Balgowlah North Public School. The Department of Education and Training completed a facilities review at the school in 2004, in consultation with the school. As a result, a number of capital works priorities were identified. The school's parents and citizens association has worked hard to prepare a concept plan which was presented to the department earlier this year. I applaud the association for working in partnership with the Government and the local member on that plan.

A number of works at the school have been completed. In 2004-05 the Department of Education and Training airconditioned the Balgowlah North Public School's demountable buildings at a cost of almost $80,000. In 2002-03, works at the school included providing an upgrade of the boys' amenities, an upgrade of administration facilities, and an electrical upgrade. I note that in his motion the honourable member for Manly urged the Government to enhance the power supply at the school. The Government acted on that advice and provided a power upgrade at a cost of more than $40,000. In 2001-02 Balgowlah North Public School benefited from a new accessible toilet, an access pathway, carpet replacement, and an amenities upgrade. All of these works total more than half a million dollars—a lot of money.

Across the Manly electorate, $39 million in capital works expenditure has resulted in the following achievements: the installation last year of a modular design range building, comprising two classrooms, at Curl Curl North Public School; the $2.3 million Freshwater TAFE Business Centre; the $5.7 million upgrade of Harbord Public School; and over $1 million for Seaforth Public School for a new library facility. This year's minor capital works programs also provide for Manly schools. Balgowlah Heights Public School will have a lift installed to improve access to the school for people with special needs. As part of this project, accessible toilets will be installed and ramping will be constructed. The cost of this project is around half a million dollars. Curl Curl North Public School will also benefit from the construction of a permanent canteen at a cost of around $180,000. The Manly electorate is doing very well.

These projects clearly demonstrate the Government's commitment to ensuring high-quality education facilities for our excellent public schools, including those in Manly that we are all very proud of. Further capital works projects for the Manly electorate, including work at Balgowlah North Public School, will be considered in the context of future capital works programs, in line with competing priorities across the State. I know the honourable member for Manly will be a very keen lobbyist for his community and will continue his work to convey those needs to the Minister for Education and Training.

Mr BRAD HAZZARD (Wakehurst) [12.34 p.m.]: It was fascinating to listen to the Parliamentary Secretary, the honourable member for Bankstown. He was doing back somersaults. He was trying to support the honourable member for Manly and make sure he gets a run at the next election because of his Labor affiliations. But the honourable member for Bankstown also moved an amendment to the honourable member for Manly's motion that basically denies the right of the honourable member to speak up on behalf of Balgowlah North Public School.

The honourable member for Bankstown needs to have a close look at his own backyard. He spoke of issues such as security fencing. I remind the honourable member that Yagoona is not far from him, and if he thinks that things are adequate in his area he should have a closer look. On 13 September I issued a statement that highlighted the fact that a Yagoona primary school classroom had been set alight a couple of days previously because there was no security fencing. The honourable member should be doing more to get security fencing around schools in the Bankstown electorate rather than mouthing the Labor Party diatribe—

Mr ACTING-SPEAKER (Mr John Mills): Order! The honourable member for Wakehurst will direct his remarks through the Chair rather than make second-person comments across the Chamber.

Mr BRAD HAZZARD: As to the substance of the motion, the honourable member for Manly is quite right.

Mr David Barr: As I always am.

Mr BRAD HAZZARD: The honourable member says he is always right. Sadly, he has not always been. He has been local member for six years and not much has happened to assist Balgowlah North Public School. Prior to him there was another independent member in Manly electorate who for eight years did not achieve much for Balgowlah North Public School. However, the Coalition will join with the honourable member for Manly because he is raising a relevant issue. Balgowlah North Public School is a wonderful school, with fabulous teachers and remarkable students; the spirit of the school is amazing. I know a number of teachers from the school personally, and the commitment to the children at that school is first-class.
The Government has ignored the capital works needs of the school. Anybody who visits the school would see its lovely atmosphere, but they would also see wall-to-wall demountables. The honourable member for Manly has quite rightly raised issues in this place, and the Government should not fall back to its simplistic response about the amount of money it has spent on capital works and maintenance in all the schools in this State. The Labor Party has utterly failed the Balgowlah North Public School. As the honourable member for Manly has pointed out, the number of students at that school is increasing. That has absolutely nothing to do with the infrastructure in the school but it is related to the excellent teaching staff and the atmosphere of learning and nurturing they have created, supported by parents of the children. The Parliamentary Secretary read out a pre-prepared speech—

Mr Tony Stewart: I adlibbed. You saw me adlib.

Mr BRAD HAZZARD: All right, it was a bit of ad lib. The Parliamentary Secretary attempted to justify what has amounted to total negligence. This school has been treated abhorrently for years. As the honourable member for Manly said, enrolments are envisaged to increase, no thanks to the Labor Government and no thanks to capital works that are not even on the radar. There are issues about electricity and the Government has not delivered the basic classrooms that are necessary. It is time the Government took seriously its responsibility to the northern beaches. Sometimes the Government gets a little excited because it sees the honourable member for Manly as being a little too close to it, but it should not ignore him because on this occasion he is speaking on behalf of his constituents and I am backing him 100 per cent.

These children and their parents deserve a fair go. In talking about security fencing you should also note that Ike Ellis said some weeks ago that you are not spending anywhere near enough on security fencing let alone the sort of money you should be spending on upgrading the classrooms at Balgowlah North Public School. The amendment that the Government has moved is absolutely abhorrent and we will oppose it. On this occasion we will support the honourable member for Manly.

Mr PAUL PEARCE (Coogee) [12.40 p.m.]: The Government does not support the motion as it stands. The Government's position is that the motion should be amended to delete paragraphs (1) to (3) and insert the following new paragraphs so that the motion would read:

That this House:

(1) acknowledges the Government's record on capital works in schools in the Manly electorate, and

(2) congratulates the Government on its commitment of funding for school's capital works in the 2005-06 budget.

I reiterate the Government's record in relation to capital works and maintenance in Manly and across the State since coming to office. Over $3 billion of funding has made significant improvements to schools and technical and further education [TAFE] centres since 1995. That is 64 new schools, 21 new public preschools, more than 360 major school upgrades and more than 130 TAFE works. This year over $390 million has been provided for the construction or redevelopment of schools and the provision of information technology [IT] infrastructure. The allocation for schools is part of a four-year $1.2 billion schools improvement package, which the Government commenced in 2001. This year the overall education budget reached over $10 billion.

I am advised that for the period 1995-96 to 2004-05 schools in the Manly electorate have benefited from over $39.5 million of capital works funding. Last year new classrooms were provided at Curl Curl North Public School, and $2.3 million was spent on the Freshwater TAFE Business Centre. A $5.7 million upgrade was undertaken at Harbord Public School, enhancing the facilities available to the school community. Over $1 million was provided for Seaforth Public School for a new library facility.

In a significant project, which is having outstanding results in enrolments and academic achievements, the Government established the Northern Beaches Secondary College. The Government has invested more than $19 million in a state-of-the-art education facility—the Freshwater Campus of the Northern Beaches Secondary College. This is a fabulous facility. It is an asset for families on the Northern Beaches of Sydney. In fact, the college has received the prestigious national award, the Australian Government 2004 Excellence in School Improvement Award.

It is appropriate to outline the action taken by the Department of Education and Training in relation to facilities at Balgowlah North Public School. A facilities review was completed at the school in 2004, in consultation with the school, and a number of capital works priorities were identified. They include a permanent library to replace the demountable library in place now, additional classrooms, a school hall, staff car parking, and a parent drop-off zone.

Mr Brad Hazzard: Point of order: The honourable member is insulting the parents of the school by simply rereading the speech that was presented by the Parliamentary Secretary.

Mr ACTING-SPEAKER (Mr John Mills): Order! That is not the subject of a point of order.

[Interruption]

Mr ACTING-SPEAKER (Mr John Mills): Order! There is no point of order.

[Interruption]

Mr ACTING-SPEAKER (Mr John Mills): Order! The honourable member for Wakehurst will resume his seat.

Mr PAUL PEARCE: A demographic study was also undertaken during the course of the facilities review and it was noted that close to one-third of the students at the school lived outside the school's local enrolment area. It was also noted that the closest school had spare capacity in permanent facilities. This highlights the department's balancing exercise in ensuring that capital works funding is distributed equitably across the State, with reference to school needs and enrolments. My parliamentary colleague has outlined the work the Government has completed at the school. I am aware that the school had a problem with power supply during the winter of 2003, and that issue has long been resolved. Action was taken to reinstate the school's power supply as a matter of urgency.

Longer-term strategies to ensure the school's power supply were implemented with a project to upgrade the electricity supply to the school. In 2003 other works at the school included an upgrade of the boys' amenities and a contribution to the establishment of an administration building. The works at Balgowlah North Public School total more than half a million dollars. Across the Manly electorate, $39 million in capital works expenditure has resulted in the following achievements: the $2.3 million Freshwater TAFE Business Centre, the $5.7 million upgrade of Harbord Public School, and over $1 million for Seaforth Public School for a new library facility.

These projects clearly demonstrate the Government's commitment to ensuring high-quality education facilities for our excellent public schools, including those in Manly. Further capital works projects for the Manly electorate, including at Balgowlah North Public School, will be considered in the context of future capital works programs, in line with competing priorities across the State. The Government is delivering on its commitment to provide high quality public education to all students in New South Wales, with a $10.1 billion budget this year, including $711 million for school and TAFE capital works and maintenance.

Mr DAVID BARR (Manly) [12.45 p.m.], in reply: Pretty threadbare argument has been put forward today. I would have thought that the Government could have just said, "Yes, we acknowledge that there have been problems at Balgowlah North Public School. We have certain funding priorities but we are going to be doing all we can as quickly as we can to upgrade the school." If the argument from the other side had been that straightforward one might have more sympathy for the Government's approach. But it was not. The amendment is foolish, and I certainly will not be congratulating the Government. I will be saying to the Government: Get on with the work that badly needs to be done at the school.

The honourable member for Coogee and the honourable member for Bankstown both stated more than once that $1 million has been spent for the new library at Seaforth Public School. It is true that a new library was built at Seaforth Public School and that it cost $1 million. It is a very fine library but it was basically funded from the sale of school land on Yatama Street. For the Government to say that it spent $1 million is somewhat disingenuous because the funds from the sale of an asset contributed to the building of that facility. At that time I supported it, much as I dislike the notion of schools having to sell off assets to fund capital works or other activities. However, it resulted in a very good library being provided. But to make out that there was Government funding of $1 million is not the case; it did not work that way.

My northern beaches colleague has supported me in two or three debates in a row on this issue. Despite the fact that he cannot resist his politicking, I appreciate having his support. We should be working together on all issues on the Northern Beaches to get outcomes for our community so that we have better schools, hospitals, transport, et cetera. The honourable member for Bankstown said the Manly electorate is doing well on education expenditure. It should be doing a lot better. I particularly want the Government to get a move on with Balgowlah North Public School. It is a disgrace, and it is about time the school had the capital works that it is entitled to. I certainly will not support the amendment.

Question—That the amendment be agreed to—put.

The House divided.

Ms Allan Mr Amery Ms Andrews Mr Bartlett Ms Beamer Mr Black Mr Brown Ms Burney Miss Burton Mr Campbell Mr Chaytor Mr Corrigan Mr Crittenden Mr Daley Ms D'Amore Ms Gadiel

Mr Gaudry Mr Gibson Mr Greene Ms Hay Mr Hunter Ms Judge Ms Keneally Mr Lynch Mr McLeay Ms Meagher Ms Megarrity Mr Mills Mr Morris Mr Newell Ms Nori Mr Orkopoulos

Mrs Paluzzano Mr Pearce Mrs Perry Ms Saliba Mr Sartor Mr Shearan Mr Stewart Ms Tebbutt Mr Tripodi Mr Whan Mr Yeadon Tellers, Mr Ashton Mr Martin

Mr Aplin Mr Armstrong Mr Barr Ms Berejiklian Mr Constance Mr Debnam Mr Draper Mrs Fardell Mr Fraser Mrs Hancock Mr Hartcher Mr Hazzard

Ms Hodgkinson Mrs Hopwood Mr Humpherson Mr Kerr Mr Merton Ms Moore Mr Oakeshott Mr O'Farrell Mr Page Mr Pringle Mr Richardson Mr Roberts

Ms Seaton Mrs Skinner Mr Slack-Smith Mr Souris Mr Tink Mr Torbay Mr J. H. Turner Mr R. W. Turner Tellers, Mr George Mr Maguire

Mr McBride	Mr Piccoli
Mr Price	Mr Stoner

Question resolved in the affirmative.

Amendment agreed to.

Question—That the motion as amended be agreed to—put.

The House divided.

Ms Allan Mr Amery Ms Andrews Mr Bartlett Ms Beamer Mr Black Mr Brown Ms Burney Miss Burton Mr Campbell Mr Chaytor Mr Corrigan Mr Crittenden Mr Daley Ms D'Amore Ms Gadiel

Mr Gaudry Mr Gibson Mr Greene Ms Hay Mr Hunter Ms Judge Ms Keneally Mr Lynch Mr McLeay Ms Meagher Ms Megarrity Mr Mills Mr Morris Mr Newell Ms Nori Mr Orkopoulos

Mrs Paluzzano Mr Pearce Mrs Perry Ms Saliba Mr Sartor Mr Shearan Mr Stewart Ms Tebbutt Mr Tripodi Mr Whan Mr Yeadon Tellers, Mr Ashton Mr Martin

Mr Aplin Mr Armstrong Mr Barr Ms Berejiklian Mr Constance Mr Debnam Mr Draper Mrs Fardell Mr Fraser Mrs Hancock Mr Hartcher Mr Hazzard

Ms Hodgkinson Mrs Hopwood Mr Humpherson Mr Kerr Mr Maguire Mr Merton Ms Moore Mr Oakeshott Mr O'Farrell Mr Page Mr Pringle Mr Richardson

Mr Roberts Ms Seaton Mrs Skinner Mr Slack-Smith Mr Souris Mr Tink Mr Torbay Mr J. H. Turner Mr R. W. Turner Tellers, Mr George

Mr McBride	Mr Piccoli
Mr Price	Mr Stoner

Question resolved in the affirmative.

Motion as amended agreed to.

Mr MORRIS IEMMA: During the absence of the Minister for Gaming and Racing, and Minister for the Central Coast due to illness, the Minister for Community Services, and Minister for Youth will answer questions on his behalf.

Mr Speaker tabled the report of the Department of the Legislative Assembly for the year ended 30 June 2005.

Ordered to be printed.
Mr Speaker tabled the report of the Parliamentary Joint Services for the year ended 30 June 2005.

Ordered to be printed.

Petition opposing the decision to increase poker machine tax, received from Mr Andrew Stoner.

Petition requesting that the Alstonville Bypass be completed by the end of 2006, received from Mr Donald Page.

Petitions requesting the removal of the $10 booking fee on pensioner travel vouchers, received from Mr Greg Aplin, Mr Thomas George and Mr George Souris.

Petition requesting that pets be allowed on public transport, received from Ms Clover Moore.

Petitions requesting the retention of the CountryLink rail service from Murwillumbah to Casino, received from Mr Neville Newell, Mr Donald Page and Mr Andrew Stoner.

Petition opposing the abolition of CountryLink rail services and their replacement with bus services in rural and regional New South Wales, received from Mr Andrew Stoner.

Petition requesting legislative change to legalise the medicinal use of cannabis, received from Ms Clover Moore.

Petition requesting a 24-hour police station for the Bega Valley Shire, received from Mr Andrew Constance.

Petition opposing the construction of a desalination plant at Kurnell, received from Mr Malcolm Kerr.

Petition requesting the installation of airconditioning in all classrooms and the library of Colo High School, received from Mr Steven Pringle.

Petitions requesting funding for BreastScreen NSW, received from Mr Steve Cansdell, Mr Andrew Fraser, Mrs Judy Hopwood and Mr Andrew Stoner.
Petition opposing the closure of inpatient beds and the reduction in emergency department hours of Campbell Hospital, Coraki, received from Mr Steve Cansdell.

Petition requesting that plans for the placement of an aeromedical rescue helicopter service based in Coffs Harbour be fast-tracked, received from Mr Andrew Fraser.

Petition requesting that Lismore Base Hospital remain an accredited centre of excellence, received from Mr Thomas George.

Petition requesting increased funding for mental health services, received from Ms Clover Moore.

Petition requesting the redevelopment and expansion of the Caritas mental health service, received from Ms Clover Moore.

Petition requesting that Kempsey District Hospital be maintained at level 4, and requesting the construction of a new hospital for Kempsey, received from Mr Andrew Stoner.

Petition requesting the fast-tracking of plans to build a dam at Dunoon, received from Mr Thomas George.

Petition objecting to the criteria for country cancer patients to qualify for the Isolated Patients Travel and Accommodation Assistance Scheme, received from Mr Andrew Stoner.

Petition requesting a ban on the sale of pets from pet retail outlets, and that such sales be restricted to qualified registered breeders and pounds, received from Ms Clover Moore.

Petitions opposing any restrictions on recreational fishing in the mid North Coast waters, received from Mr Andrew Stoner and Mr John Turner.

Petition requesting the withdrawal of changes to the rental structure of Crown land leases, particularly enclosed road permits, received from Ms Katrina Hodgkinson.

Petition requesting a right turn arrow for traffic travelling west on Edinburgh Road, Castlecrag, turning north onto Eastern Valley Way, received from Ms Gladys Berejiklian.

Petition requesting the construction of a new bridge over the Clarence River at Grafton, received from Mr Steve Cansdell.
Petition requesting that the Minister for Roads change the Roads and Traffic Authority's priority for Federal AusLink funding for the Barton Highway to allow the construction of a dual carriageway, received from Ms Katrina Hodgkinson.

Petition asking the Government to ensure that all Sydney road tunnels are fitted with air filters, received from Ms Clover Moore.

Petition requesting removal of the Oxford Street clearway and imposition of a 40 kilometres per hour speed limit in Oxford Street, received from Ms Clover Moore.

Petition requesting the installation of an in-tunnel air filtration system in the cross-city tunnel, received from Ms Clover Moore.

Petition opposing all route options in the October 2005 route options development report, and requesting an upgrade of the Tintenbar to Ewingsdale route to a class A highway, received from Mr Donald Page.

Petition requesting funding for implementation of the Old Northern and New Line roads strategic route development study, received from Mr Steven Pringle.

Petition requesting the construction of a dual carriageway on the Pacific Highway between Nambucca Heads and Macksville with an interim 80 kilometres per hour speed limit, received from Mr Andrew Stoner.

Petition requesting the building of cycleways in the Forster-Tuncurry area, received from Mr John Turner.

Petition requesting that Sydney Harbour remain a working harbour, and calling for long-term strategic planning culminating in a published masterplan, received from Ms Clover Moore.

Petition requesting increased funding for, and expansion of, inner city alcohol and drug services, received from Ms Clover Moore.

Ms Pam Allan, as Chairman, tabled report No. 53/5, entitled "Better On-Farm Approaches to Salinity and Drought Management—Sustainable and Profitable Farming", dated November 2005.

Ordered to be printed.
Mr PETER DEBNAM: My question is addressed to the Minister for Roads. Given that cross-city tunnel traffic numbers collapsed this morning after the toll was reimposed, proving once again it was a bad deal, a bad contract, and just plain bad for the community, when will the Minister finally agree to renegotiate the contract and reclaim public roads?

Mr JOSEPH TRIPODI: The Roads and Traffic Authority [RTA] advises that this morning's traffic flowed reasonably well.

[Interruption]

I am sorry to disappoint the Opposition.

Mr SPEAKER: Order! I assume this will be the last question time of the year. If the sort of behaviour I have just witnessed is repeated, a number of members may not be in the Chamber for the conclusion of question time and may find themselves out of the precincts of the Chamber until well into next year.

Mr JOSEPH TRIPODI: The RTA advises that this morning's traffic flowed reasonably well and the number of motorists using the tunnel at the end of the toll-free period appears to be higher than before the toll-free period. I am advised that William Street traffic is moving well. There was some congestion in Macquarie Street and on the approaches to Bathurst Street, but that was to be expected. I am advised that extra RTA staff are in the Transport Management Centre monitoring traffic and making adjustments to traffic signals where necessary to keep traffic flowing as smoothly as possible. These staff are working in the special operations room, which will be maintained as long as is necessary.

The next few weeks will be a real test for the cross-city tunnel. Motorists have had the opportunity to try out the tunnel free of charge over the past six weeks. It is now up to drivers to decide whether the tunnel is value for money. I have been advised by the cross-city motorway company that the number of motorists using the tunnel is up by 14.5 per cent compared with the pre-tunnel period. In the 12 hours to midday today—that is, the first 12 hours of the return of the toll—12,406 vehicles used the tunnel. This compares with 10,831 in the same period on Thursday 20 October, the last Thursday before the toll-free period. As we expected, many more motorists used the tunnel while it was toll free. I am advised by the motorway company that 44 per cent fewer vehicles used the tunnel in the 12 hours to midday today compared with last Thursday when it was toll free.

Mr PAUL GIBSON: My question without notice is to the Premier. What is the latest information on securing compensation for victims of James Hardie's asbestos products?

Mr MORRIS IEMMA: I thank the honourable member for Blacktown for his important question and his support for the victims of asbestos. Today a great victory has been won by those victims. Today a company with a long history in Australia has done the right thing. Today the faith of the victims has been vindicated—faith that their voice would be heard, faith that a terrible injustice would be righted, faith that, although they are condemned to painful lives and horrible deaths, their families would be provided for, and faith that they would know that the company that caused their pain and death would not escape its duty but had been held to account. That is what today is about.

This is an agreement of which the victims, led by Bernie Banton, can be very proud. The bare bones of the agreement are $4.5 billion in compensation to be payable over 40 years; no overall cap on James Hardie's liabilities; no cap on payments to individuals; $5 million over 10 years to asbestos disease research; and $750,000 over 10 years for asbestos education. In return Parliament must legislate to release James Hardie and its directors from further claims for compensation. Further, the Commonwealth must reach an agreement with James Hardie on the taxation treatment of the company's payments to the fund. This is not a matter for taking party political positions. I sincerely urge the Federal Treasurer to give this matter his swift and favourable consideration.
That brief summary gives no hint of the complexity of the negotiations over the past 18 months, negotiations that have tested the Government's patience to breaking point. But it was a deal worth waiting for and it certainly is a deal worth fighting for. I want to thank all those who made it possible. I pay tribute to Bernie Banton, whom I mentioned and who is with us today, Ella Sweeney, and all the asbestos victims whose dignity and courage have shamed this company and moved a nation. I honour the memory of those who did not survive to enjoy this day. Although they did not live to see it, they certainly helped bring it about. This agreement is their memorial and their lasting achievement.

Today, in the week when the very fabric of our industrial relations system is being torn to shreds in Canberra, I honour the labour movement, led by Greg Combet and John Robertson. The unions—the Construction, Forestry Mining, and Energy Union and the Australian Manufacturing Workers Union—have proved their enduring relevance as a result of their unstinting support of Bernie Banton and other victims in this fight. Today we honour the labour movement as much as we honour the work of Bernie and other victims, because the movement was with them right from the beginning. I also honour the negotiating team, led by the Government's chief negotiator, Leigh Sanderson, who had the support provided to her by the legal team and the financial advice and support of Brian Wilson. They doggedly pursued this agreement, clause by clause, draft by draft, matching wits with the finest legal minds that James Hardie could hire. The people of New South Wales could have had no finer servants than Leigh Sanderson and her team. I also pay tribute to my predecessor, Bob Carr, who saw the justice of this cause and put the weight of the Government and the party firmly behind it.

It was a cause worth fighting for: standing up for the sick, the bereaved and the dying against the might of a powerful corporation. Even when all the legal experts said there was little that could be done, never for a moment did those working on this accept that argument—not Bernie Banton, not the unions that supported him and the victims, and not the negotiators. Never did it cross our minds that we would walk away from Bernie and his friends. Never were we tempted to leave them without compensation and without hope. It was our determination, backed by the united will of all people in this State and across the nation that one day James Hardie would settle its accounts in full.

That day is today; it is a day on which justice has finally been done. With this agreement James Hardie has finally done the right thing. It is time for the boycotts and bans to be lifted; they must come to an end. James Hardie has come in from the cold and rejoined the ranks of responsible corporate citizens. That is no comfort, of course, to those who are gone. For those presently afflicted, money is no longer enough. But this $4.5 billion deal gives them something else: It gives them hope, dignity and peace of mind. Above all, it affirms that they were right to take on this campaign, to challenge this injustice. They were right to demand what has finally been delivered today—a full and just settlement that makes amends for a terrible past and reaches four decades into the future. I welcome this agreement and I proudly commend it to those who fought so long to achieve it.

Mr ANDREW STONER: My question is directed to the Minister for Roads. Given the Minister's failure to act on the cross-city tunnel debacle because, as he said yesterday, it "does not affect me at all", and given the continuing road toll on the Pacific Highway, the Princes Highway, the Kings Highway, the New England Highway and the Great Western Highway, are people dying on those roads because they do not affect him either?

Mr JOSEPH TRIPODI: People might take the Opposition a little bit more seriously if it could maintain the same policy position for more than five minutes. On 22 November the Leader of the Opposition put out a press release that said that following, "It's about time the Premier renegotiated the tunnel contract." But just a few days later, on 18 November, the Leader of The Nationals, the Coalition Roads spokesman, told the Daily Telegraph, "It would be irresponsible for the Government to bail out the cross-city tunnel." Those statements are in direct contrast. Let us be frank: the Leader of The Nationals got it right and the Leader of the Opposition got it wrong. I encourage the Leader of the Opposition to defer to the wisdom of the Opposition Roads spokesman—that is hard to believe—to avoid another embarrassing backflip. For the first time ever I am supporting the Leader of The Nationals. It is the first time he has had any support. If Saturday's result has any lessons for the Opposition—

Mr Andrew Stoner: Point of order: The point of order relates to Standing Order No. 138, which deals with relevance. The Minister does not seem to understand that the question is about the Pacific Highway, the Princess Highway, the Kings Highway and the New England Highway. Answer the question!
Mr SPEAKER: Order! There is no point of order. The Leader of The Nationals will resume his seat. If the Leader of the Nationals has achieved anything, he has highlighted the relevance of the Minister's reply.

Mr JOSEPH TRIPODI: One leader is saying, "Rip up the contract" and the other leader is saying, "You can't rip up the contract." That is the situation in the Opposition. Members opposite do not know which way they are running. If there is anything to be learnt from last Saturday's result in the by-election, it is that the Opposition has a credibility crisis.

Ms ANGELA D'AMORE: My question without notice is addressed to the Minister for Transport. What is the latest information on improving the reliability of rail services?

Mr JOHN WATKINS: In 2004 the Government promised to boost train driver numbers. We said that by the end of this year we would have a record 1,350 train drivers on the CityRail network. We embarked on an ambitious recruitment campaign, and we safely reduced driver training time. Today we delivered. Today the Premier and I welcomed the latest eight new CityRail train drivers to the system. Today, a month ahead of schedule, there are 1,351 train drivers employed by CityRail and a further 280 CityRail drivers in training. Since 2004 RailCorp has hired an additional 280 drivers. This year I have had the pleasure of attending most of the graduation ceremonies at Petersham for those drivers. I can inform the House that those drivers come from all walks of life. However, many of them have followed family members into the rail industry. For example, Alison Lukehurst from Seven Hills, who graduated in June, is the ninth family member to join the rail industry. Nine members of the same family working for CityRail is amazing.

Others have made a complete career switch. They are bringing to the network life experience, maturity and enthusiasm for their new job. The driver recruitment campaign is only one plank of the Government's plan for a safe and reliable rail network—a plan that is coming to life, a plan that is restoring reliability. This morning 95 per cent of peak services arrived on time. By 2008 the Government will have hired more than 560 new train drivers. That means that we are in good shape to meet the future demand of this growing network and to meet the capital works that are occurring: the $2 billion Epping to Chatswood rail link, $2.5 billion for new rail carriages, more than $1 billion in clearways projects, and $8 billion set aside for the new north-west, south-west and central business district rail link. That is a commitment to the future of rail this year, which is the 150th anniversary of rail in New South Wales.

The Government is investing $2.6 million on driver training this year alone. Trainees learn the ropes on world-class simulators at the Petersham training centre. They learn their road knowledge with a six-month stint as trained guards working on the network. They are supported, trained and mentored by senior drivers, and they embark on their new career with the full support of the New South Wales Government. Last evening I had the pleasure of presenting awards to RailCorp staff at the Powerhouse Museum. In the shadow of locomotive No. 1, the first locomotive to run on the CityRail network back in 1855, I spoke to a group about the New South Wales industry and the trade union movement in particular—a special heritage that new drivers will miss out on because of Howard Government's attempts to dismantle the industrial relations system as we know it in this country.

I talked about the importance of a fair and equitable industrial relations system in this country and the need for a strong union movement in rail and across the workings of the New South Wales economy. History has shown that a co-operative, mutually respective approach to industrial relations works. That is what the New South Wales Government is working hard to achieve. We believe in a good relationship with unions that represent their workers in the public sector work force: nurses, police officers and train crews. We believe in the right of workers to bargain collectively through their unions. The Opposition does not. Pittwater Pete and his mates refused to support the vote in this House yesterday. He refused to give the message to Howard that the New South Wales Coalition does not support the industrial relations changes that the Howard Government is imposing on the Australian people. It was a disgraceful display.

Members opposite deserted the workers—working men and women, especially the blue-collar workers—of this State. Their ongoing silence is a betrayal of the workers of New South Wales. And we know why: it is every Opposition member for themselves. One could not get further from the collective than that. If one needed any evidence of that one need only look at some of the comments arising from the by-election on the weekend. On Saturday the Leader of the Opposition, Pittwater Pete, told Channel Nine—he said this before the polls had closed, when he was expecting not to do too badly at all—"If I don't win this seat it's going to make it a little bit harder to get rid of the Labor Government." Honourable members should note the use of the pronoun "I"—"If I don't win this seat". By the next day, as reported on the Channel Nine news, things had changed. It was not "I" and "Pittwater"; by Sunday it was "this result clearly shows".

Mr Malcolm Kerr: Point of order: Before we get to Wednesday—

Mr SPEAKER: Order! There is no point of order.

Mr JOHN WATKINS: On Saturday it was "If I don't win this seat"; by Sunday something had changed. This is a quote from Channel Nine, "This result clearly shows us that we must work very hard." On Saturday it was "I"; on Sunday it was "we" and "us". This is about spreading the blame. Amazingly, on Monday the Leader of the Opposition told reporters, "The people of Pittwater have no difficulties with me." On Monday he said that the people of Pittwater had no difficulties with Pittwater Peter. The Leader of the Opposition said that he had spoken to a number of people, who said that they were extremely grateful about "the way I had managed the party over the past three months". When they spoke to him on Saturday they said they were extremely grateful; then thousands of them voted against him at the polling booth. That is what the people of Pittwater think about the leadership of the honourable member for Vaucluse.

Mr SPEAKER: Order! I call the Minister for Aboriginal Affairs to order.

Mr MALCOLM KERR: My question is directed to the Premier. Given the Victorian Government has confirmed he has approached it with a secret plan to privatise the Snowy Mountains Hydro-Electric Scheme, and given he appointed pro-privatisation Bob Hogg to the Snowy Mountains Hydro board, when will he come clean with the people of New South Wales about the details of his Snowy Mountains Hydro-Electric Scheme fire sale?

Mr MORRIS IEMMA: I was waiting for the honourable member's question on desalination, but that might come later. Yesterday, after the Leader of the Opposition asked his first question, he could not wait to rush out and do a press conference about this issue. He was then asked for his position and he said, "I don't have one." It reminded me of the press conference when the Government announced the legal challenge to the industrial relations legislation. The Leader of the Opposition was asked, "Do you support the Government's challenge?" He said, "I don't know about it. That is a Federal issue."

Mr Andrew Tink: Point of order—

Mr SPEAKER: Order! The honourable member for Epping is attempting to resort to his usual tactic of displaying a prop. He knows my attitude towards props. I have been lenient—

Mr Andrew Tink: I ask you to indulge me with the Christmas spirit, Mr Speaker.

Mr SPEAKER: We have not yet dealt with Christmas felicitations. The honourable member for Epping may not be in the Chamber when we do.

Mr Andrew Tink: My point of order is relevance. The question related to a fire sale. The Premier is drowning in debt—

Mr SPEAKER: Order! The honourable member for Epping will resume his seat. I place him on three calls to order. I warn him and all other members that if they are removed from the Chamber during question time today they may not return for a long time.

Mr MORRIS IEMMA: The Leader of the Opposition got the answer from Nick Minchin yesterday and it appears in the Sydney Morning Herald this morning. This is not privatisation. It is a proposal from the board to raise additional capital and, as a shareholder, the Government is considering that. It also requires the unanimous agreement of two other governments. I noticed that the attack yesterday did not mention the Commonwealth Government. The Leader of the Opposition attacked the New South Wales Government because, as usual, all members of the Opposition do is tell us what they are against, and sometimes they do not even get that right.
As we heard today from the Minister for Roads, one day the Opposition wants us to buy out the contract, and the next day it says we cannot do that. The next day it says tear it up and the day after it says we cannot do that. Five months ago the Opposition was for desalination. We decide to build a desalination plant and the Opposition says we cannot do that. Two weeks ago it was recycling—the Opposition said, "let us do recycling everywhere". On Friday of last week, the story is, "Sorry, it is not recycling everywhere, it is just industrial recycling." It is always the same—flip-flop, flip-flop. It is flip-flop, even when members opposite get it right. Most of the time they are confused about what they stand for.

Today the honourable member for Cronulla launches another attack on the Government, conveniently ignoring what Nick Minchin has had to say this morning about the similar question yesterday. Has the honourable member said anything about the Commonwealth? Not a word. This proposal requires the unanimous agreement of three governments. The board approached the Government and the Government has forwarded the proposal to the other two governments. Heed Nick Minchin's words this morning in the newspaper. Is there any mention of the Commonwealth in the three questions the Opposition has asked? No, of course not. When the Leader of the Opposition raced out of here yesterday to the press conference, he was asked there what his position was. He said, "I don't have one" and he could not get out of there quick enough.

Mr SPEAKER: Order! The Minister for Aboriginal Affairs will come to order.

Mr MORRIS IEMMA: It has not been a good week for the Leader of the Opposition. Today we get the question from the honourable member for Cronulla. Does that question mention the Commonwealth Government? No, absolutely not. Does it make any mention of what Nick Minchin said in this morning's newspaper? No, it does not—not at all. The board put the proposal to the three Governments, and the proposal is under consideration.

Mr ALLAN SHEARAN: My question without notice is directed to the Premier. What is the Government's response to community reaction to Tuesday's comprehensive environmental package?

Mr Gerard Martin: It has been outstanding.

Mr MORRIS IEMMA: That is right, outstanding. At least there has been support from the community. There has been silence from the Opposition—not a word. It is the single biggest investment to save our inland rivers, to harvest stormwater and to undertake recycling and there is not one word from the Opposition except to focus on the 20¢ increase in the levy by 2011. That presents a very good contrast for the next election. The Opposition wants our inland rivers saved, it wants our wetlands saved, it wants stormwater harvested and it wants recycling and reuse, so its position is clear. It should support the desalination plant, something that the Opposition was urging us to do five months ago.

Mr Andrew Stoner: Rubbish!

Mr MORRIS IEMMA: Read Hansard of 22 June. Don't make us repeat it here every day. Pull it out yourself—and get Tim Webster's tape from 21 July as well. Don't make us repeat what the Leader of The Nationals said on his program. The contrast could not be starker. The complete lack of response presents a clear contrast. If the Opposition wants our inland rivers saved, our wetlands saved and our urban environment protected it should support the plan of the Government. If it does not want them saved there is plenty of support for it on the Opposition benches. There is plenty of support in the community for the biggest environment package ever, a $425 million investment to support recycling, stormwater programs, local community programs to save local rivers, our inland rivers and wetlands and our marine parks.

Mrs Shelley Hancock: How are you going to save the Shoalhaven?

Mr SPEAKER: Order! The honourable member for South Coast will come to order.

Mr MORRIS IEMMA: The honourable member for South Coast says, "Wipe out the environment plan that was announced on Tuesday." I am sure her constituents will be very interested to get a copy of today's Hansard, in which the honourable member for South Coast says, "Wipe out the environment plan announced on Tuesday night." She would not support recycling and programs to save our inland rivers. What a terrible thing for the honourable member for South Coast—of all places, the mighty Shoalhaven—to say. Professor Peter Cullen, one of the country's leading scientists on rivers and waterways, had this to say:

I'm delighted that the NSW Government has started to address the over-allocated rivers in NSW in a fair and equitable way...

Doug Miell of the New South Wales Irrigators Council said:

We have no problem with the Riverbank program if the water was bought on the open market from willing sellers and retained its original status.

SITA Environmental Solutions—the industry—stated:

SITA Environmental Solutions supports the government's increase of the ... landfill levy. This decision will significantly increase resource recovery, recycling and diversion of waste from landfill. This decision is good for the environment and for recycling in NSW.

Professor Richard Kingsford, a national expert on healthy rivers, stated:

The announcement by the NSW Government to buy water for rivers is critically important to restore the health of the State's rivers. Communities realise that to ensure the future sustainability of our rivers ... government will need to buy water.

[Interruption]

The Coalition might think that it is wasteful; we do not. Industry, the irrigators, environmentalists and scientists have endorsed the package. There was not a single word from the Opposition. The National Parks Association stated:

[The Government] has risen to the challenge in [its] $420 million environment statement ... creating two new marine parks, improving protection of Crown leases and allocating new funds for buying water for our rivers and wetlands.

[Interruption]

The Leader of the Nationals keeps referring to the desalination plant. That is what he was talking about five months ago. Someone should give him a copy of Hansard. I am sick and tired of his interjections. I am sure the library can give him a tape of the Tim Webster interview just for good measure.

Mr SPEAKER: Order! The honourable member for Epping will come to order.

Mr MORRIS IEMMA: The Government's policy has endorsement from environment groups, scientists and the industry but the only comment from the Opposition has been to criticise the modest increase in the waste levy. The average householder will pay an extra $10 in 2011—less than 20¢ extra each week. That is a small investment for a massive return in supporting the environment, urban sustainability of our inland rivers and wetlands. There was not a single word of support for a levy that was introduced in 1970 by the Askin Liberal Government. Bob Askin would be proud to see that the waste levy is still serving the people of New South Wales.

Mr Carl Scully: Which seat?

Mr MORRIS IEMMA: He was the Premier of New South Wales. His seat was once called Collaroy but the name was changed to Pittwater. Remember that seat? Last Saturday the Labor Party did not run a candidate. It left the Coalition with a one-horse race and, as I said on Tuesday, the Coalition could not win it. Pittwater was once the jewel in the Liberal Crown. Poor old Bob Askin would be turning in his grave now. The waste levy that he introduced in 1970 is still serving the people of New South Wales but there is no Liberal serving Pittwater any more. The Liberal Party on the Northern Beaches started with four members.

Mr SPEAKER: Order! Members of the Government will come to order.

Mr MORRIS IEMMA: Brad Hazzard is still there and Andrew Humpherson is still there. There was once a Liberal in Manly and there was once a Liberal in Pittwater. They are gone. Those two jewels in the Liberal crown have gone. Poor old Bob Askin would be turning in his grave. When he retired the swing was 1 per cent. When Jim Longley retired the swing was 11 per cent. When John Brogden retired the swing was 26 per cent—the greatest ever swing in New South Wales electoral history. The question from the honourable member for Cronulla and the previous questions from the Leader of The Nationals show that they have not learnt one thing from the Pittwater by-election. As I said yesterday, it has been a record-breaking week: Brian Lara scored the most runs ever and Peter Debnam had the biggest swing ever. Welcome to the record books!
Mr PETER DEBNAM: My question is directed to the Premier. Given that the Victorian Government has revealed the Premier's reason for approaching it with the secret Snowy Hydro privatisation plan as "It's the cash, isn't it?"—

Mr SPEAKER: Order! Members will allow the Leader of the Opposition to complete his question.

Mr PETER DEBNAM: —will the Premier advise the Parliament of his privatisation of other State assets, including State Forests, as part of his fire sale to plug his budget black hole?

Mr SPEAKER: Order! The Leader of the House will come to order.

Mr MORRIS IEMMA: I will tell the Leader of the Opposition one thing: there will be a black hole if he is ever in government. His spendometer has reached $21 billion, with no suggestion from the Coalition as to how it is going to pay for the promises it made. The spendometer was very generously added to over the last four of five weeks during the Pittwater by-election. Let us run through some of the unfunded promises from Pittwater. The Coalition said yes to every interest group it came across, and it came across plenty in Pittwater. In a function with the business community in Wollongong the Leader of the Opposition promised a cut in every tax that could be imagined. In Pittwater, he was promising to spend, spend and spend.

Mr Peter Debnam: Point of order: I think the Premier has been talking about our tax cuts long enough.

Mr SPEAKER: What is your point of order?

Mr Peter Debnam: It is relevance.

Mr SPEAKER: Order! The Leader of the Opposition should state his point of order and not precede it with a speech.

Mr Peter Debnam: My question was about Labor's privatisations, not about the Coalition's tax cuts.

Mr SPEAKER: Order! There is no point of order. The Leader of the Opposition cannot ask the question a second time because he does not like the answer.

Mr MORRIS IEMMA: He promised a $12 million commitment to rebuild and upgrade Mona Vale police station—unfunded; promised an Avalon police station—unfunded; promised to establish a New South Wales seniors concession allowance at $300 a year for self-funded retirees, a promise worth $37 million—unfunded. Of course, there was also the promise about the hospitals—unfunded. They are just some of the promises made in Pittwater contributing to the $21 billion spendometer reading. How is the Coalition ever going to pay for all these promises? At the same time the Coalition promised a tax cut to every interest group that did not want an increase in spending. It says yes to everyone. Everyone who wants a promise of a tax cut gets a promise of a tax cut. Everyone who wants an increase in spending gets a promise of an increase in spending. The spendometer reading has reached $21 billion so far. The Leader of the Opposition does not have one idea how he is going to pay for any of this, not one.

Mr Peter Debnam: Point of order: My point of order is relevance. Is the Premier going to answer the question about the privatisation of State Forests and the privatisation of the hydro scheme?

Mr SPEAKER: Order! There is no point of order.

Mr MORRIS IEMMA: Nick Minchin can answer the question for you. He did this morning in the Sydney Morning Herald. Go and read it!

Mr PETER DEBNAM: I have a supplementary question. Given the Premier's answer, would he like to tell the House about the privatisation details of State Forests and CountryLink?

Mr SPEAKER: Order! The Leader of the Opposition asked a question of the Premier that included those matters. The Premier has answered the question. The Leader of the Opposition has sought to re-word the question he originally put to the Premier. There is no supplementary question.
Mr STEVE WHAN: My question without notice is to the Minister for Regional Development. What is the latest information on promoting investment and economic development in regional New South Wales?

Mr DAVID CAMPBELL: I thank the honourable member for his sensible question, as opposed to the hysterics we witnessed a moment ago from the other side of the Chamber. There is a sense of panic over there. On this side of the House, of course, we just get on with the task of supporting country towns across the State, expanding their economies with New South Wales Government support and encouragement. That has resulted in unprecedented growth in many regional towns. I refer the House to an article in the Land newspaper of Thursday 17 November under the headline, "Bush cities 'never better'." The article stated in part:

And now for the good news; after years of being branded as the dying heart of Australia, regional cities have never been better.

It was just one finding from the Australian Local Government Association's [ALGA] annual State of the Regions Report 2004-05, which painted a bright picture of life in regional Australia today.

That sort of approach, that effort towards growth, is supported by members on this side of the House, supported by Country Labor, and certainly encouraged by a number of Independents in this place. Country Labor members know that it is no accident that regional towns, such as Gloucester and Nambucca, are growing. The New South Wales Government has worked closely with these towns since declaring them eligible for support through our Regional Economic Transition Scheme. By working with the New South Wales Government, Gloucester and Nambucca have strengthened their economies. Over the past two years there has been significant growth in business relocation and expansion, resulting in a trebling of demand for residential building lots. The Iemma Government is working with regional towns to help tackle this demand. We recognise that developing suitable housing is a great way to help attract and retain skilled labour in country towns. That is why the Iemma Government has developed a practical and workable solution to this issue.

Mr SPEAKER: Order! There is too much audible conversation in the Chamber. Government members will come to order.

Mr DAVID CAMPBELL: By working with regional councils we have developed an effective program that delivers housing to country towns. The New South Wales Government's Building Regional Towns Tour is an investment in the future of rural communities. Our solution is simple. We are taking builders and investors to towns that need housing and are ready to do business—on the spot. It is a matchmaking venture that is having a multimillion-dollar result. On the most recent tour, participants visited potential development sites, met local representatives and councils and discussed issues such as transport and material costs. So far, the New South Wales Government has hosted three tours, the latest being just last month. Our first two tours generated an investment of about $4.7 million in the towns involved.

Honourable members will be interested to know there is the potential for a further $3.3 million investment in planned projects. To date, investors have visited Tumbarumba, Griffith, West Wyalong, Forbes, Merriwa, Scone, Gloucester and Nambucca. During the most recent tour, 19 people from 12 companies visited Gloucester and Nambucca. This New South Wales Government initiative has resulted in an outstanding response for these two communities. Members of the House will be interested to know that five investors have expressed interest in the Gloucester area for both commercial and residential investment. They are interested in affordable residential housing and in an aged care village development for that town. The New South Wales Government's investment tour has met with similar success in Nambucca.

Negotiations are under way in relation to a $1 million industrial land investment. Interest has also been expressed in cluster housing at Nambucca Headland and in an aged care development project. These are excellent results! I am now calling on other growing regional towns to consider the practical program we are offering. I urge country towns to work with the regional offices of the Department of State and Regional Development to discuss how they might become eligible to take advantage of this program. Regional New South Wales is a powerhouse for business as our country towns grow and create jobs, as demonstrated in the ALGA survey I referred to. The Iemma Government is working with country communities for the benefit of everyone in New South Wales—very much supported by Country Labor but complained about by people such as the honourable member for Coffs Harbour, who is interjecting now.
Mr PETER DRAPER: My question is directed to the Minister for Transport. Given the high level of local concern regarding the future of the two Tamworth CountryLink booking agency employees who do not want to take redundancy packages, will the Minister advise the House whether they will still have jobs following the CountryLink restructure?

Mr SPEAKER: Order! The honourable member for Gosford will come to order. The Minister for Roads will come to order.

Mr JOHN WATKINS: RailCorp undertook a review of its CountryLink services following Dr Tom Parry's inquiries in 2003 into the sustainability of public transport. That inquiry made a number of recommendations about the future of CountryLink services across New South Wales, a number of which the Government refused to implement. Arising from the review, RailCorp has reformed the way that CountryLink collects revenue, provides sales and distribution, and upgrades technology. The first move was the relocation of the Sydney Call Centre to Newcastle in April of this year. That provided 92 jobs for that regional area. The relocation of call centre jobs to the Hunter have been of great benefit to Newcastle. The call centre currently receives more than 90 per cent of all calls, a significant number. A new web site was set up in May to provide for Internet bookings, and more than 18,000 tickets have been purchased through the new Internet-based system

Mr Andrew Stoner: What about the staff at Tamworth? That is what the question was about. Why don't you answer it?

Mr SPEAKER: Order! The Leader of The Nationals will come to order. The honourable member for Bathurst will come to order.

Mr JOHN WATKINS: I will get to that. The new web site has resulted in 18,000 tickets being purchased through the Internet-based system since it came on line. That is 8 per cent of all bookings. When we take into account the fact that many people who book CountryLink tickets may not be entirely comfortable using the Internet, 8 per cent of bookings by Internet in the first few months is very acceptable. There was also an upgrade of the reservations system and that is scheduled for completion by December this year, with the inclusion of additional on-board facilities.

Mr Peter Debnam: But have they got a job, John?

Mr JOHN WATKINS: It interesting that the Leader of the Opposition should refer to jobs. The question he has to answer is how long will he hold down his own job. How long will it be?

Mr Andrew Tink: Point of order: If the Deputy Premier wants to go down that path, we might ask how long will it be before Carmel Tebbutt takes over his job. Your job is more on the line than the Leader of the Opposition's, mate! That's why she's down here. She's not down here to look at the view; she's down here to take you!

Mr SPEAKER: Order! There is no point of order. The honourable member for Epping will resume his seat.

Mr JOHN WATKINS: I have asked Carmel Tebbutt, and she does not want to be Minister for Transport. She is happy with the job she has, and I am very happy with the job I have. But how long can it be before David Clarke moves on the Leader of the Opposition? In politics, words are important; what people say is important. It is important that we analyse some of the comments the Leader of the Opposition made about the recent Pittwater by-election. This is what Pittwater Pete told reporters on Monday:

I won't speculate about anonymous speculation that appears in certain papers. That is something I never do. I will talk to individuals who have got the courage to talk to me.

The individuals he is speaking of—

Mr Andrew Stoner: Point of order: For the sake of the staff at Tamworth CountryLink station, whom the Minister is treating with contempt, I must take a point of order on the basis of relevance. What about their jobs? You give them an award, but you won't give them an answer. Answer the question!

Mr SPEAKER: Order! There is no point of order. The Leader of The Nationals will resume his seat. The Minister is answering the question.
Mr JOHN WATKINS: I am talking about jobs. One of the most important jobs in New South Wales is the job of the Leader of the Opposition.

Mr Chris Hartcher: Point of order: Pursuant to the standing orders, I ask you to state the question before the House that the Minister is answering.

Mr SPEAKER: Order! The House is fully aware of the question asked by the honourable member for Tamworth. The Minister has the call.

Mr JOHN WATKINS: The Leader of the Opposition said, "I will talk to individuals who have got the courage to talk to me." The people he is talking about are his backbenchers. They have to have courage to speak to their leader because they are frightened. They are frightened of him and they are frightened of David Clarke. But look at the faces of the people that have their preselection under threat!

Mr Andrew Tink: Point of order: And you're scared about a full caucus ballot for the position of Deputy Leader. You won't let them all vote for you. You take refuge in the Left, because you know that if Carmel nominated and everybody on your side had a vote, you would be out there in Ryde sweeping the streets—you would be out there in Ryde in another job!

Mr SPEAKER: Order! There is no point of order. The honourable member for Epping will resume his seat. Before the Minister resumes his reply, I remind members that we are still in question time; seasonal felicitations have not yet started.

Mr JOHN WATKINS: I am confident that I have the full support of my colleagues. These are my people, and they support me. But one thing I know as Deputy Premier is that your backbenchers should not think they need courage to come and talk to you as a leader. The leader should go and talk to them. That is the responsibility of leadership. But these people opposite will not do that. There is one member there, there is another one there, and there is another one there who know they will not be in this House after the next election because they will be dumped by the Right wing of the party, led by the Leader of the Opposition.

Mr SPEAKER: Order! I call the Minister for Aboriginal Affairs to order for the second time.

Mr Donald Page: Point of order: The Minister is making a ministerial statement, and I believe that Carmel Tebbutt should have a right of reply.

Mr SPEAKER: Order! The standing orders do not allow for that. I draw the Minister's attention to the length of his answer and ask him to draw it to a conclusion.

Mr JOHN WATKINS: With regard to Tamworth station, I can confirm that the CountryLink reform program does propose to reduce the number of staff at Tamworth station by two. I am advised that Tamworth station currently has eight employees, four of whom work in the travel centre and four of whom are station staff. The station manages one rail service to Sydney and one service from Sydney each day. RailCorp determined that because of this service level, in conjunction with the new booking options available to customers, there is not the need for eight staff.

I can report that RailCorp management, the affected employees and the unions are meeting to discuss this issue today. I trust that those discussions will reach a conclusion that is acceptable to all parties. I had the pleasure of meeting two of the CountryLink staff last night at the Powerhouse Museum, and once again I heard about the outstanding job that I know CountryLink staff are performing across New South Wales. As with all staff affected by the restructure of rail, I am advised that staff affected by this reform will be given the option of redeployment in CountryLink, RailCorp or other government departments, or will be offered a special voluntary redundancy package. There will be no sackings or forced redundancies. I repeat: There will be no sackings or forced redundancies.

These changes, together with other components of the reform program, are about modernising CountryLink's business and aligning it closer to customers' needs. The CountryLink reform process has been brought about by the fact that CountryLink faces very strong competition, especially on the Melbourne to Brisbane routes, given the very cheap cost of airfares. The number of measures we have put together this year have enabled us to spend more than $32 million to upgrade the XPT fleet.
I would like to thank one member of the Opposition for his very positive comments about the CountryLink reform program. The Central Western Daily of 28 September reported the honourable member for Orange as saying he "welcomed the announcement that the Government is spending $32 million on upgrading XPT carriages". But the honourable member for Orange did not stop there. He also said he believes that country passengers would accept fare increases if there were no service cuts. That is exactly what we have done: there are no service cuts. We have developed a package of reforms that ensure that our CountryLink rail and coach services are not cut. I thank the honourable member for Orange for his support. I will be interested to see the results of today's meeting in Tamworth, and I will continue to discuss the matter with the honourable member for Tamworth in the future.

Mr MATTHEW MORRIS: My question without notice is addressed to the Minister for Fair Trading. What is the latest information on an investigation into the activities of a Hunter man who claims he can cure the terminally and chronically ill?

Ms DIANE BEAMER: I point out to the House that the honourable member for Charlestown and the honourable member for Wallsend have been extremely active in pursuing and exposing this con man. Fair Trading is constantly on the lookout for scams and is determined to track down those who profit from them at the expense of the most vulnerable members of our community. Unfortunately, the scams target people who are the most vulnerable: the elderly, migrants, refugees, the economically disadvantaged and, worst of all, sick and terminally ill people searching for a miracle cure. Fair Trading is currently investigating one of the worst scams in this area that has come to my attention.

Paul Perrett reportedly served time in gaol for ripping off an earthmoving company by pretending to be an engineer. He also served time for robbing a hardware company while pretending to be a tax officer. There has been considerable media coverage of Mr Perrett's current activities in the Hunter region. That is a matter of great concern to me and to my colleague the Minister for Health. The Minister for Health informs me that the Health Care Complaints Commission [HCCC] is currently investigating a number of complaints against Mr Perrett. If any evidence of criminal conduct emerges from that investigation, the HCCC can refer the matter to the Director of Public Prosecutions for further action.

Recently I announced that Fair Trading would investigate Paul Perrett's activities. Fair Trading has been investigating allegations that Paul Perrett falsely represented that he could cure people suffering from serious illnesses. It is a disgrace that someone would target people when they are at their most vulnerable. Last night the honourable member for Charlestown detailed in this House some of Mr Perrett's shonky, shameful activities. Mr Perrett allegedly offered alternative treatment in the form of capsules, tablets, powders and ointments to consumers who were suffering from chronic illnesses. Vulnerable people are ready to accept any measure that may be offered to them—any treatment that offers them hope or relief from their illness.

The clinic from which Mr Perrett operated was located at Suite 11, West Mall, Rutherford. It is alleged he represented that he was a qualified biochemist and a forensic pathologist. I have been advised that Mr Perrett has vacated his place of business. The Fair Trading business registration of the Rutherford clinic has been withdrawn. Information provided to Fair Trading indicated that following the closure of Mr Perrett's clinic he continued to provide alternative medicines by mail order from his home address. Investigators have been to the Hunter area to interview people who have consulted with Mr Perrett and received treatment from him.

According to information supplied to the Office of Fair Trading, on some occasions Mr Perrett advised his clients not to undertake chemotherapy, radiotherapy or attend for MRI scans. According to him, these treatments and examinations would detrimentally affect the substances he prescribed. Fair Trading has received information that Mr Perrett demanded payment of $2,000 in advance; he also charged $50 for each appointment and additionally charged clients in the vicinity of $1,000 for medications that he prepared in the rear of his clinic. People who were treated by Mr Perrett have provided evidence and affidavits to investigators from Fair Trading. Some have handed over the substances that were sold to them and investigators have taken possession of these products. Gels and tablets have also been seized in a Fair Trading operation and all this material has now been sent to the Therapeutic Goods Laboratory in Canberra for analysis.

I can inform the House that Fair Trading investigators raided Mr Perrett's home at 1.20 p.m. today after obtaining a search warrant and seized a number of items. Today I am issuing an official ministerial warning against Paul Perrett under section 86A of the Fair Trading Act. As Minister for Fair Trading I am warning consumers against having anything to do with Paul Perrett or any of his activities. Additionally, I have directed the Office of Fair Trading to take whatever measures are necessary to prevent Mr Perrett making false statements or indulging in misleading and deceptive conduct. This may well include seeking an interim order from the Supreme Court to shut down Mr Perrett's operations pending further prosecution under the Fair Trading Act. The Australian Traditional Medicine Society has informed me also that it is investigating Mr Perrett's conduct. The safety of people is paramount and any conduct that involves deception of the sick and vulnerable will not be tolerated, especially when such conduct may influence a person to stop orthodox medical treatment. As Minister for Fair Trading I will do everything possible to prevent Paul Perrett from preying on the sick and the vulnerable. He is, indeed, quite a disgrace.

Questions without notice concluded.

Mr CARL SCULLY (Smithfield—Minister for Police, and Minister for Utilities) [3.34 .m.]: I move:

That standing and sessional orders be suspended at this sitting to:

(1) vary the routine of business to not call on motions for urgent consideration and matters of public importance and postpone the taking of notices for motions (General Notices) and private members' statements until after the consideration of Government Business and the noting of Christmas felicitations;

(2) permit the introduction and passage through all stages of the James Hardie Former Subsidiaries (Winding-up and Administration) Bill and cognate bills, at the conclusion of which the House will take note of Christmas felicitations; and

(3) allow, if necessary, the House to continue to sit at the conclusion of private members' statements to consider Government Business.

The intention is to have the Attorney General introduce the James Hardie bills, and that they pass through all stages and, if necessary, the House will be able to consider amendments from the upper House before adjourning until late February.

Mrs JILLIAN SKINNER (North Shore) [3.35 p.m.]: The Coalition will not oppose this suspension because we understand and support the need for the James Hardie legislation to support all those who have been made ill by asbestos. But there are also people who have been made ill by systemic failures in our hospitals, and the motion prevents that matter being debated today. The motion prevents the Anderson family, who are seeking answers in relation to the systemic failures of our hospital system, from having a holiday season with at least the satisfaction of knowing that the Government is prepared to act on systemic failures in our hospital system.

The Premier is nodding. The Premier failed to provide answers when asked questions in this Parliament on Tuesday on behalf of the Anderson family. Let me inform the House of some of the answers the Anderson family seeks. They want to know why it was 30 hours before their daughter was seen by a doctor; why there was a communication breakdown so that a CT scan was not found; why the wrong drugs were given; why the Premier is happy enough to say that there will just be a coronial inquiry; and why the Premier will not look at systemic problems now. Would the Premier, as a former Minister for Health, please provide answers as to what he is going to do in the hospital system so that patients will not suffer the harm and the grief that the Anderson family will suffer over Christmas.

I am astonished that the Premier does not want this matter debated, that he will not fix this problem right now so that more patients will not suffer the way Vanessa Anderson suffered. By not allowing this motion to be debated in the Parliament today, the Minister and all members opposite potentially have blood on their hands. It is a disgrace. I am astonished that members opposite think it is inappropriate to discuss the systemic failure of a hospital that allowed a 16-year-old girl to die. We have said we will not oppose the suspension of standing orders, but we would also like to debate the urgency motion.

Mr Milton Orkopoulos: Point of order: Two things: One, this has got nothing to do with the motion before the House and, two, the honourable member for North Shore should withdraw the outrageous allegation that we should apologise for this. She should withdraw that statement.

Mr SPEAKER: Does the Minister for Aboriginal Affairs take exception to the remarks made by the honourable member for North Shore, and does he seek their withdrawal?
Mr Milton Orkopoulos: Yes.

Mr SPEAKER: Order! I ask the honourable member for North Shore to withdraw.

Mrs JILLIAN SKINNER: I will withdraw the remarks. The Coalition does not oppose the suspension to bring on the bills but objects to the House not debating a matter of urgency with respect to systemic problems in the health system and the failure of the former Minister now Premier to provide comfort to the parents of Vanessa Anderson. Only today it has been revealed that in 2003 Kim McCall, the sister of Wayne Brown, who died in 2003, sought an inquiry by the Health Care Complaints Commission and a coronial inquiry after a mistake in an autopsy raised the possibility that the family had cremated the wrong person. She was told only last week that that inquiry would happen. The Government has waited two years to provide answers to systemic problems in our hospital system. Shame on every Government member!

Motion agreed to.

Bills introduced and read a first time.

Mr BOB DEBUS (Blue Mountains—Attorney General, Minister for the Environment, and Minister for the Arts) [3.42 p.m.], on behalf of Mr Morris Iemma: I move:

That these bills be now read a second time.

Earlier today the Premier signed an historic 40-year agreement with James Hardie Industries NV to secure $4.5 billion in compensation for the victims of James Hardie's asbestos. The final funding agreement implements the non-binding heads of agreement, which were signed last December by James Hardie, the Government, the Australian Council of Trade Unions [ACTU], Unions New South Wales and Mr Bernie Banton on behalf of asbestos victims groups. I refer members to the remarks the Premier made in question time today. This is truly an historic agreement, following an historic standing ovation in question time. A lot has been said about the history of this matter, particularly as revealed by the Jackson special commission of inquiry established by the Government in February 2004. The main elements of this history are set out briefly in the explanatory notes to these bills.

I do not wish to dwell on this history now. This is partly because I am conscious that the time for debate on these bills is limited. It is, however, primarily because these bills are about the future. Nothing James Hardie can do now will change the past. But by making good its promise to provide compensation for asbestos victims, James Hardie should now be able to focus on the future success of its business without being held back by the stain of its past conduct. In turning to the bills, I wish firstly to address, in clear and unambiguous terms, one of the issues which has been the subject of particular public debate in the course of the last year or so and which is affected by these bills. This is the issue of the extinguishment of liability in favour of James Hardie and other companies and individuals arising from the events investigated by the special commission of inquiry.

The extinguishment is contained in clause 9 of the James Hardie (Civil Liability) Bill and clause 7 of the James Hardie (Civil Penalty Compensation Release) Bill. These clauses provide for the extinguishment of certain liability for protected conduct. "Protected conduct" is defined to mean conduct in connection with the events investigated by the special commission of inquiry, which are listed in the definition. The persons who are to obtain the benefit of this extinguishment of liability are the liable entities, being Amaca Pty Limited, Amaba Pty Limited and ABN 60 Pty Limited; the Medical Research and Compensation Foundation; James Hardie Industries NV; all companies in the James Hardie Group; and directors and other officers, employees, advisors and agents of those companies.

Under the James Hardie (Civil Liability) Bill, civil liability of any kind that is incurred by the specified persons in respect of any protected conduct is extinguished. This includes civil liability arising at general law or by or under any legislation. Under the James Hardie (Civil Penalty Compensation Release) Bill, liability to pay compensation for loss or damage resulting from conduct that is capable of being the subject of a penalty order of a civil nature imposed by or under legislation is extinguished. There has been some debate between James Hardie and the Government in relation to the scope of this extinguishment of liability. There has also been some debate as to the extent of the New South Wales Parliament's power to legislate to extinguish liability for civil penalties imposed under Commonwealth legislation, including under the Commonwealth Corporations Act.

The Government's legal advice is to the effect that the New South Wales Parliament has power to enact the extinguishment of liability in these bills. While the effectiveness of the extinguishment might be tested and ultimately determined in the courts, I want to make it very clear to members what is intended by the extinguishment in relation to civil penalty orders. The bills are intended to extinguish liability for civil penalty orders to pay compensation. The Government's legal advice suggests that the James Hardie (Civil Liability) Bill would not be effective to extinguish liability for civil penalty orders to pay compensation. The James Hardie (Civil Penalty Compensation Release) Bill accordingly attempts to extinguish this liability in terms which the Government's advice suggests are more likely to be effective.

The Government accepts, however, that the law in this area is extremely complex and largely untested. The Government is very clear that liability for civil penalty orders to pay compensation should be extinguished. Whether that occurs only under the James Hardie (Civil Penalty Compensation Release) Bill or whether the James Hardie (Civil Penalty) Bill is in fact sufficient to achieve this intention is not important. The important point is that the Government intends, by these bills, to extinguish civil liability and liability to pay compensation which could be the subject of a civil penalty order for the events investigated by the special commission of inquiry, for the benefit of James Hardie and the other specified companies and individuals.

The extinguishment of liability is part of the price the Government, the ACTU and the victims groups are willing to pay to secure James Hardie's agreement to fund compensation for victims of the asbestos products of its former subsidiaries. Importantly, the extinguishment of liability is intended to assist James Hardie to put the events investigated by the Special Commission of Inquiry behind it and to concentrate on being a successful business. Under the Final Funding Agreement, this will be not only for the benefit of James Hardie shareholders, but also for the benefit of persons who have been injured by James Hardie's asbestos. I would also like to make some brief comments on the liability the Government is not intending to extinguish by these bills. These bills do not in any way affect any criminal liability, whether under the Corporations Act or otherwise.

James Hardie has not sought the extinguishment of criminal liability in the Final Funding Agreement, and the Government would not consider attempting to extinguish criminal liability. The heads of agreement entitled James Hardie and its executives to the extinguishment of civil liability, without expressly dealing with civil penalty orders. The Government considers that civil penalty orders requiring the payment of compensation are, in substance, indistinguishable from civil liability. That is why these bills are intended to extinguish liability for such compensatory civil penalty orders.

However, the Government considers that all other civil penalty orders, including orders imposing fines and orders to ban persons from being directors, are more akin to criminal liability, although they are subject to the civil standard of proof. These bills are not intended to extinguish liability for any civil penalty orders other than compensatory civil penalty orders. They are not intended to extinguish liability for fines or to prevent the imposition of orders banning persons from being directors. The Government understands that the Australian Securities and Investments Commission [ASIC] would have preferred that no extinguishment be given in respect of civil penalty orders. The Government also understands, however, that ASIC accepts that the extinguishment of civil penalty orders for compensation is of less concern.

ASIC's primary concern, as the Government understands it, is that the bills must not prevent ASIC from seeking any criminal penalties or any civil penalty orders, other than for compensation, that might arise from its investigation into James Hardie. It is certainly the Government's intention, in these bills, to achieve that outcome. There are three other matters I shall mention in relation to the James Hardie (Civil Liability) Bill. The first is the extinguishment of claims for pure economic loss. The Government has made a clear choice to favour persons suffering personal injury. No pure economic loss claim can compare to the suffering involved in asbestos personal injury claims. The Government wants to make sure that the funding James Hardie provides is available for personal injury claimants, their estates and their dependent relatives.

The second point to note is that the extinguished liability can be revived if James Hardie breaches its key obligations under the Final Funding Agreement. The Government believes that James Hardie is committed to implementing this agreement and making it work, and we do not expect to have to use this power to withdraw the releases. However, it is important to note that it is there. Third, the bill imposes liability on Amaca Pty Ltd as a defendant of last resort for claims against Marlew Mining arising from exposure to asbestos in the Baryulgil community. In April, James Hardie announced that it had agreed to extend the funding arrangements for the benefit of people exposed to asbestos in the village of Baryulgil near Grafton who would otherwise go uncompensated. The Government congratulated James Hardie on this decision at the time, and again acknowledges that James Hardie deserves credit for the decision.

Baryulgil claims were never part of James Hardie's restructure in 2001 because it had long since sold the company that operated the mine at Baryulgil. However, that company has gone into administration under its current owners, and it seems that it does not have any material assets. Until James Hardie agreed to include these claims under the Final Funding Agreement, there was clearly some doubt as to whether people at Baryulgil who developed asbestos diseases would be able to recover compensation. I am pleased to say that the lung checks done by the New South Wales Dust Diseases Board suggest that there are very few cases of asbestos diseases in the Baryulgil community. It is important, however, that the community has the certainty of knowing that compensation will be available for those of its members unfortunate enough to develop an asbestos disease.

I turn now to the main bill, the James Hardie Former Subsidiaries (Winding up and Administration) Bill, which implements and supports some of the important structural elements of the Final Funding Agreement. Part 2 of the bill supports the establishment by James Hardie of the trust fund contemplated by the Final Funding Agreement and called the SPF, that is, the Special Purpose Fund, in the bill. The SPF will receive the funding payments from the James Hardie group and will use the funding to pay payable liabilities of the liable entities. The SPF will also manage and resolve claims against the liable entities. Part 2 overcomes any doubt as to whether the SPF will be a valid charitable trust. It also ensures that the trustee of the fund must be a company that is taken under the Corporations Act to be registered in New South Wales.

Part 2 also modifies some aspects of the Charitable Trusts Act 1993 as they apply to the SPF. This will ensure that the SPF can operate as envisaged under the Final Funding Agreement and the remaining provisions of the bill. Part 3 continues and expands a number of restrictions that were placed on the liable entities and the companies that own shares in them under the James Hardie Former Subsidiaries (Special Provisions) Act 2005. Members will recall that this legislation was enacted at the end of the 2005 budget session to preserve the structure of the liable entities and to ensure that they remain subject to New South Wales law. These provisions continue in an expanded form in this bill. The liable entities will continue with their current structure and status until the structural arrangements under the Final Funding Agreement are to be implemented. At that stage the liable entities will be transferred to the SPF.

Part 4 will replace the New South Wales external administration of the liable entities established under the James Hardie Former Subsidiaries (Special Provisions) Act. Instead, the bill places the liable entities into New South Wales winding up and external administration. This is proposed to be a very long-term winding up to ensure that the liable entities remain in place so that asbestos-related personal injury claims can continue to be made against them. The SPF will manage the winding up and external administration of the liable entities, under the general supervision of the Minister and the Supreme Court. I highlight briefly one other matter.

Clause 35 of the bill makes provision for the Supreme Court to approve an approved payment scheme. This will permit rationing if it appears reasonably likely that for a period of time there will be insufficient funds to pay all claims. The modelling carried out to assess the adequacy of the funding arrangements first agreed in the heads of agreement last December showed that if James Hardie performs as well as expected and the number of claims are as predicted, there will be sufficient funding to meet all asbestos personal injury claims against the liable entities. However, there is inherent uncertainty in these sorts of calculations. Whether there is sufficient funding will depend on the success of James Hardie's global business and the total number of claims. Both of these factors involve some uncertainty, particularly over a period as long as 40 years.

The provision enabling the Supreme Court to approve a temporary rationing scheme will ensure that the available funding is shared fairly between claimants, with no discrimination between claimants by reference to the nature or extent of their injuries. Finally, I highlight clause 64 in part 5. This clause requires the Minister to table the Final Funding Agreement and the related agreements in both houses of Parliament. This is required to be done as soon as James Hardie sends out information to its shareholders seeking formal shareholder approval of the agreement. The Government recognises the need for the orderly disclosure of information to the market to ensure that the market is properly informed. The Final Funding Agreement and the related agreements will be tabled in Parliament under the provisions in clause 64 as soon as James Hardie issues its shareholder approval documentation.

The enormous contributions of Greg Combet and Bernie Banton, who have campaigned over many years for justice in this matter, have been rightly acknowledged, including by the House in question time today. I should like briefly to extend the Government's thanks to those persons who have negotiated the Final Funding Agreement on the Government's behalf over the past 11 months. The Government's negotiating team has been led by Leigh Sanderson, Deputy Director General of the Cabinet Office. Brian Wilson, the Managing Director of Lazard, has provided the Government's financial advice. He has been instrumental in finding a way through the commercial tensions inherent in such long-term and complex arrangements that can meet the needs of both sides. The deal could not have been done without him.

Gilbert and Tobin have provided superb service as the Government's Australian lawyers, as well as co-ordinating complex foreign legal input. I particularly wish to single out and thank Stephen Menzies and Paul Lam Po Tang for their contributions. I also acknowledge Ken Fowlie of Slater and Gordon, who has advised Greg Combet and Bernie Banton throughout the negotiations. Ken Fowlie's involvement has given the Government team direct access to someone who represents claimants in the asbestos compensation system on a daily basis.

The Government has not, of course, spent the past 11 months negotiating with itself. I acknowledge James Hardie's negotiating team. It was led by James Hardie's Chief Financial Officer, Russell Chenu, with financial advice from Peter Hunt and Michael Harrison of Caliburn Partnership and legal advice primarily from John Atanaskovic and Mark Wilson of Atanaskovic Hartnell. Finally, I extend particular thanks to John Ledda, Senior Legislative Drafting Officer in the Parliamentary Counsel's Office. When honourable members read through these bills they will understand. He has drafted far more bills in relation to James Hardie than anyone should be asked to draft. He drafted the three bills before the House.

Today has seen an historic agreement concluded between the Government and James Hardie to provide funding for long-term compensation for asbestos victims. The passage of these bills will fulfil one of the conditions to the full commencement of the final funding agreement. They are a vital step towards James Hardie making the first payment of funding. I thank honourable members for agreeing to deal with these bills on an urgent basis. The Government could not introduce the bills any earlier because the agreement with Hardies was not signed until early this afternoon. The Government acknowledges that honourable members have not had a lot of time to consider the bills in detail. However, all honourable members can draw comfort from the fact that the bills have been endorsed by Bernie Banton and Greg Combet, by the Government's advisors and by James Hardie. I commend the bills to the House.

Mr CHRIS HARTCHER (Gosford) [4.01 p.m.]: The James Hardie Former Subsidiaries (Winding Up and Administration) Bill, the James Hardie (Civil Liability) Bill and the James Hardie (Civil Penalty Compensation Release) Bill were given to the Opposition at 1.30 this afternoon. They are extremely detailed and complex, running for hundreds of pages, and contain quite a number of significant legal points. In this circumstance the Opposition is happy to facilitate the progress through Parliament of the bills, notwithstanding their complexity and notwithstanding the lack of any adequate or any reasonable notice by which the bills can be scrutinised. We are entirely reliant on the advice given by the Attorney in his second reading speech and we have to accept the bona fides of the Attorney and the Government in the presentation of the bills to Parliament.

There is no point in my canvassing the long and sad history of James Hardie and asbestosis and mesothelioma. That has been canvassed in many speeches in a number of debates. It is a sad story and the only hope we all have now is that there will be adequate and full compensation for victims of asbestosis and mesothelioma. The entire success of this scheme, the entire future of the victims, depends not on the actions of the State Government but on the financial success of James Hardie. Unless James Hardie is 100 per cent financially successful in the years ahead this scheme and this legislation will simply be words on paper. It is important that everybody bears that in mind.

It is important that we acknowledge that not only have victims of asbestosis and mesothelioma had a strong involvement in this, as has the Government, but the company too has had a strong involvement. I am advised—and I also accept the Attorney's assurance—that the company has signed off on this arrangement. My colleague the honourable member for Clarence, in whose electorate Baryulgil is situated, will speak specifically on the issue of Baryulgil and the Aboriginal population there who are known to have suffered for many years from exposure to asbestos. I commend the honourable member—and it is important that he be commended—for the way he has championed the Aboriginal community and the way he has championed the victims of asbestosis in his electorate.
It is important, even if it is only self-acknowledgement, to acknowledge the consistent role the Opposition has played through all of this. It has supported all attempts to find a satisfactory settlement for the victims. Last week, in its statement on the issue before finalisation of the agreement, the Opposition urged that the Government finalise the agreement and pledged support, as far as parliamentary sittings were concerned, to allow any necessary and proper legislation to pass through Parliament. I place that on record, because the Government has not seen fit to do so.

I will make a number of important points. The Government will hate to hear them made, but they are significant. Furthermore, this legislation deals with corporation legal matters. When this debate began, when James Hardie relocated to the Netherlands—not to evade its responsibilities, I am assured by the company, but because of its own financial arrangements—the Attorney and the Premier all said there was nothing New South Wales could do because corporations law was federally governed and federally regulated. These very people who now cover themselves in self-praise sat on their hands and said there was nothing they could do. So did the Hon. John Della Bosca, the Minister for Industrial Relations.

Now we have page after page of legislation dealing with corporate law and corporations matters, dealing with extinguishment of the operations of the subsidiary companies that were transferred to the foundation several years ago. This goes to show that the Government was negligent at the time. It is a negligence that has been exposed on many occasions and it is a negligence that the Government glosses over all the time in the smoothest possible way. But the Government has been caught out for not looking at the issue properly at the time. It only looked at the issue years later and, lo and behold, it does have the power because it is now passing the very legislation Bob Carr said it could never pass because corporations were a federal matter. So, the first indictment remains valid. The Government's handling of this was incompetent and sloppy.

The second point that needs to be acknowledged about asbestosis and mesothelioma has been the persistent failure of the Government to address the biggest single sleeper in this area, and that is the potential liability of the State of New South Wales to the tens of thousands of people who worked for State Rail in those asbestos-clad workshops and who worked for the old Electricity Commission in those vast asbestos-using power stations. That question has been put to the Government again and again and the reply simply is that the Government is meeting its liabilities.

A government that cared for and accepted some responsibility for its former employees as well as its citizens would, at the very least, be contacting people who worked in those industries—it has their superannuation payment records—and setting up a pro-active scheme to monitor their health. Is it too hard to write to those people to say, "You were employed in the Electricity Commission power station at Eraring in the 1960s. That power station used asbestos. The State Government is prepared to give you a free health check now and to monitor your health over a period of time." It is preventative medicine. After all, the concept of preventative medicine is well established. Why does the Government not do that instead of persistently giving out that single-line answer about thousands of employees: "The State Government is meeting its liabilities"?

There is no argument that the State Government is not meeting its liabilities; the question is whether the State Government could be doing more. It could adopt a proactive approach. Tragically, we do not know how to stop mesothelioma and asbestosis, but we do know that the sooner these illnesses are diagnosed and treated the sooner people can be assisted. We are all familiar with the tragic cases of so many of the victims of these two terrible diseases getting attention only in the final stages of their lives. Let us do something proactive by setting up a registry and writing to these people to see what can be done to monitor the progress of their health. After all, they are overwhelmingly people who have retired and are in their fifties, sixties and seventies.

I join with the Attorney General in congratulating the Parliamentary Counsel. I have never seen Parliamentary Counsel turn out such carefully crafted and extensive legislation at such short notice. It is an extraordinary feat. The Attorney was right to praise the Parliamentary Counsel and his staff. The legislation is complex and difficult. It is hard enough for anyone to read and understand. One can only imagine the enormous challenges of its drafting. It is unique: no situation has been identical to this. I also thank the Cabinet Office for the work it has done and the competence it has shown over the long period of negotiations.

The community overwhelmingly sympathises with and supports the victims of asbestosis and mesothelioma. People in the community want for each victim not only fair compensation but justice. Above all, they want this problem to be eradicated and these diseases to be overcome. It is not within the scope of the Parliament to overcome the diseases but it is within the scope of the Parliament, as it has now shown, and the competence of the Government to facilitate and establish schemes to ensure that there is proper and fair compensation. But I repeat the point that unless James Hardie is financially successful all these schemes will come to nought. For the sake of the victims I genuinely hope that the company can continue on its present course and earn the sort of money that is necessary to fund the schemes.

The education program is excellent but it involves only $750,000 over 10 years. I would not have thought that would have a significant impact. I would have hoped it could have been matched with some State money. After all, it is not just a matter of corporate responsibility: as I said earlier, the biggest liability in all of this is held by the State of New South Wales through its ownership of the electricity and railway authorities. The State has a very real role to play in ensuring both education and research. I again urge the State to look once again at proactive medicine to assist people who potentially may be victims but who are not necessarily victims now. I conclude by indicating that we are living up to our pledge to facilitate the progress of the legislation. We wish well all those who are sufferers and congratulate those who have fought hard for the rights of victims. I congratulate the company on coming to the party. I sincerely congratulate the Government for the work it has done. It has not been an easy matter. It would have been easier had the Government acted earlier but at least it has acted now.

Mr PAUL LYNCH (Liverpool) [4.14 p.m.]: I support the James Hardie Former Subsidiaries (Winding Up and Administration) Bill, the James Hardie (Civil Liability) Bill and the James Hardie (Civil Penalty Compensation Release) Bill. There is great urgency in having the legislation passed quickly so that it may be dealt with by the other place today. For that reason I will make shorter remarks that I might otherwise have. For the same reason many Labor backbenchers who would have liked to speak will not speak today, particularly the honourable member for Newcastle and the honourable member for East Hills. I will make three points very briefly.

The Attorney General has been fairly gracious towards James Hardie this afternoon. I do not have to be. It is a disgrace and an embarrassment. The settlement of this issue does not in any way remove the obscenity and evil of what it has done over many years. It produced a product that caused an agonising death and it knew that. It allowed people to die. It continued to sell products of death. It consistently put its profits ahead of the health of both workers and consumers. Then when it was caught out it lied about it. It has consistently obstructed negotiations. It lied to everybody in sight about its removal to The Netherlands. It has consistently obstructed negotiations ever since. James Hardie gets no credit out of this and it stands to be condemned forever for the way it has behaved.

The second point I make is that I know that people are sometimes critical of the Labor Government—after some of the things I said yesterday people would know that I am probably one of them—but there are times when the need and the absolute urgency and essential nature of having a Labor government is evident. This legislation is such a case. Without a Labor Government this legislation would not have got through. Anyone who doubted that had only to listen to that extraordinary performance from the honourable member for Gosford, who seemed to have accepted verbatim what he was told by James Hardie about the reason for it decamping to The Netherlands. There is no doubt that if the honourable member for Gosford had anything to do with it this legislation would not have come through. The process that we are involved in would not have resulted in this legislation.

The final point I would make is that despite the fact that members of the Labor Party are delighted about this result, and the Attorney is well and truly entitled to claim credit for it, the real credit and the real celebration ought to be proclaimed by those who led the campaign. This is a victory for the people who ran that campaign, in particular the victims of asbestos, the survivors and the relatives of those who died through mesothelioma. Bernie Banton has already been acknowledged. Ella Sweeney is here. Barry Robson of the Asbestos Diseases Foundation of Australia is in the gallery. They have led the campaign and it is because of them that we have this result today. The other group that clearly must be acknowledged—and, frankly, is never acknowledged properly—is the union movement of Australia. For those who understand Australian history and contemporary Australian society the union movement is absolutely central. If you take the union movement away you do not have the Australia we currently have. Its role has been critical. If you ever needed proof of the importance and centrality of the Labor movement and the union movement it is this campaign.

On that note I should acknowledge some of the other people who are here. Paul Bastian, the State Secretary of the Manufacturing Workers Union, has been here most of the afternoon and has just ducked out. A person who is still here is the Assistant Secretary of the New South Wales Construction and General Division of the Construction, Forestry, Mining and Energy Union, Brian "Sparkles" Parker, who also delights in being a constituent of mine. Jan Primrose, who works for the metalworkers, is also here. Their presence is utterly appropriate today: without the union movement this result would not have happened. As I said, I do not think the union movement is acknowledged anywhere near as often as it ought to be and I am delighted to be able to do that today. I wish I had longer to talk about the issues but urgency is critical at the moment. I commend the bills to the House.

Mr STEVE CANSDELL (Clarence) [4.19 p.m.]: I support the James Hardie Former Subsidiaries (Winding Up and Administration) Bill, the James Hardie (Civil Liability) Bill and the James Hardie (Civil Penalty Compensation Release) Bill. I commend the Government and I congratulate Bernie Banton and the strong group of people that have fought continuously during many tough times with great odds against them. In the Clarence there is a community called Baryulgil, where 55 years ago an asbestos mine was started. There is also an Aboriginal community of roughly a hundred people at Baryulgil. Asbestos tailings were used in the sand pits and to pave the streets. Reports are that the Aboriginal people who worked in the mine were told that asbestosis was only a white fella's disease. If you can find an elder older than 60 you are doing well.

What happened here was criminal. In fact, I will go further and say that I believe James Hardie should be condemned for its past indifference and what can only be described as criminal negligence—and criminal intent—with a view to making a quick buck. One could almost believe that we are talking about mines that existed in the 1700s. In those days they threw children into the shafts and no-one gave a damn about whether they lived or died. We knew the effects of asbestos; James Hardie knew the effects and the dangers of asbestos, but had limited safety measures in place to protect its workers.

Children in Baryulgil built their castles in asbestos sandpits; they would compete against each other on asbestos volleyball courts. Barely 30 years later almost 20 past and present residents of the tiny northern New South Wales Aboriginal community find they have contracted asbestos-related illnesses, and many are dying of cancer. I am not talking about the many that have already died. All the miners are dead; there is not a miner left. A health expert recently described as an epidemic the malady stalking the settlement of barely 100 people, about 80 kilometres northwest of Grafton. Dr Ray Jones, from the Grafton Aboriginal Medical Service, said the number of people with asbestos-related illnesses had risen from six to 18 in the past three months, the victims having been identified through a screening program. Some victims were in their thirties, others were in their forties. Most of them were children of former miners. Many local Aboriginal people worked in the mine, because it was basically the only employment they could get. Dr Jones said he was troubled by the outbreak of respiratory diseases, which he believed was a direct result of asbestos exposure. He said:

We're seeing a small epidemic of cancer and a major epidemic of respiratory diseases in Baryulgil. It's frustrating. The dangers of asbestos were known at the time this mine was operating. The fact the mine was allowed to run with such poor work practices, that it allowed children to play in the pits, is just insane—it beggars belief.

As has already been said, these bills are urgent and we need to push them through as quickly as possible. I believe James Hardie's past has been shameful. It has reflected on that company and on industry in Australia. Its present behaviour is almost a match for its past indifference to this calamity. What is required is justice for victims and true compensation. Many people who formerly worked in those mines will not be compensated because they are already dead—some from the Aboriginal community and others from the wider Australian community. These bills are long overdue. It is insane to think that legislation has to be enacted to force a company to accept the consequences of its action or inaction and to repay the community. I commend the bills to the House.

Mr BOB DEBUS (Blue Mountains—Attorney General, Minister for the Environment, and Minister for the Arts) [4.22 p.m.], in reply: I thank those who have contributed to the debate. I will make only a few concluding remarks. First, with respect to education I want to assure the House that the State Government and the union movement will participate in the education campaign that is to be funded by James Hardie, thereby, of course, much expanding its effect and value. The Government already spends a considerable amount of money educating the community about the dangers of asbestos through WorkCover and various programs conducted by NSW Health and the Department of Environment and Conservation. In future the Government will work with James Hardie and the Australian Council of Trade Unions on what will become an expanded program and, at the same time, encourage other defendants and insurers who are within the sphere of the effects of this terrible epidemic to contribute to the campaign as well.

There is not much point in responding at any length to some of the hackneyed claims of the honourable member for Gosford concerning the Government's role several years ago and what did and did not happen. Suffice it to say that it is the very essence of the behaviour of the James Hardie company that it hoodwinked everyone. It left the State and told everyone—people on both sides of politics, the corporate sector and the judiciary—that in fact it was not doing things, which, in all reality it appears to have done. Suggesting that somehow or other the Government was in any way to blame, was in any way culpable for the response to James Hardie's corporate manoeuvring, is just absurd and the most futile kind of political point scoring.

The reality is that when the James Hardie company began its exercise of moving itself offshore, the Government was faced, as it began to understand what had happened, with a most extraordinarily difficult situation. It set up the Jackson inquiry and that inquiry and the Government's later negotiations—assisted so astoundingly well by Bernie, the asbestos victims and by Greg Combet and the union movement—produced an agreement of obviously historic proportions, an agreement spanning many jurisdictions that will support people up to 40 years into the future, an agreement that will support people with what are, by any measure, extraordinarily large amounts of money. I am not aware of anything like it anywhere in the world, and everyone who has been involved in this struggle is entitled to feel a sense of vindication.

I acknowledge particularly the contribution of the honourable member for Liverpool, who, as he said, was speaking on behalf of the honourable member for Newcastle, the honourable member for East Hills and other members of Parliament who have been especially closely engaged in this issue over the years. I acknowledge the remarks of the honourable member for Clarence, whose account of Baryulgil and its history was altogether, and unfortunately, too accurate. It is pleasing that as an element in this particular agreement we have been able to ensure that those few asbestos sufferers who have survived until today at Baryulgil will be compensated.

I again congratulate the union movement, as has been done on a number of occasions throughout the day, not least the representatives of the Construction, Forestry, Mining and Energy Union [CFMEU] and the Metalworkers Union. I remind the House, as the Premier reminded honourable members during question time today, that if, by some chance—although I believe it is essentially unlikely—John Howard's new industrial relations laws debilitate the union movement as much as he would clearly like, workers would not have representatives such as those who have so splendidly defended workers in this affair available to do so again.

That knowledge, in the context of what John Howard is doing, should be sufficient for us to resist his worst motivations and his worst ambitions in any event. There is no conceivably better way to demonstrate the value and the essence of the union movement than to look at what it has done in this case. In that context I can hardly forbear from recognising Barry Robson, President of the Asbestos Diseases Foundation, in the gallery, because I believe he was the first person to speak to me personally about these matters some two and a half years ago.

I also acknowledge the presence in the gallery of some widows of asbestos victims. They include Eileen Day, Helen Davies and Joan Johnson. Other widows of asbestos victims are also in the gallery, but unfortunately I have not had the time to ascertain their names. I assure all of them that the members of this House feel a deep sense of satisfaction and, indeed, humility about being able to achieve important recognition of the sacrifices they have made and the pain and loss they have suffered. With the deepest sense of satisfaction and an unusually intense feeling that we are making history, I commend the bills to the House.

Motion agreed to.

Bills read a second time and passed through remaining stages.

Mr CARL SCULLY (Smithfield—Minister for Police, and Minister for Utilities) [4.32 p.m.]: I move:

That the House take note of Christmas felicitations.

Mr Speaker, I take this opportunity to wish you all the very best for the festive season and thank you for your terrific effort in reining in the Opposition—and the Government, of course, from time to time. I think members test your mettle a little, and you respond in a professional and fair way. On behalf of the whole House, we express our appreciation and wish you all the very best during the break. I have certainly enjoyed working with you throughout the year, and I look forward to next year and beyond.

I thank my two Whips, Gerard Martin and Alan Ashton, who have the terrific job of rounding up the troops. As I have said on other occasions, it is always important to win the argument. I know my colleagues on the other side of the House would probably say the same to their troops. If you do not win the argument, however, you should at least get your Whips to make sure you have the numbers, in case you win the vote. So it is always important to make sure the Whips are doing their job. I know Thomas George, Daryl Maguire and Andrew Tink—

Mr Andrew Tink: Option B doesn't work for us, mate.

Mr CARL SCULLY: I know; it just does not work. So what you have to do is win the argument. May I say I have enjoyed the argument. Andrew, I know I have often said that you are one of the best actors in the House. I think you must have done drama at school. Your feigning of indignation is just terrific. The raised chin, the props, the puffed-out chest, the thumping fist—it is a performance to behold. I do not know whether anyone sees too much of it on the video, but you ought to make sure that one day, when you are an old coot getting around with a walking stick, you say to your grandchildren, "There I was." Don't ever point to Tom Cruise. Andrew, I think you will have to get Barry to go to one of your drama schools. For Nats and Libs, you are pretty good blokes—and that is a big call. I have enjoyed working with you three blokes this year, and I wish you all the very best.

As I have said on other occasions, I am not sure to what extent the public appreciates how much we agree in the Chamber. In fact, the rules of engagement are such that if we did not agree, probably 95 per cent of the time the place would not work. An enormous amount of legislation goes through here, and the processes and systems are actually agreed upon by both sides of the House. In a great democracy, which this country is, our Parliament works because the rules of engagement are understood and most of the place works by convention.

I also take this opportunity to thank the Hansard staff. I do not want to say they are not paid enough because Mr Speaker might go crook on me. But they do a terrific job. It would be unkind of me to say that some members on the other side of the House do not speak well enough for Hansard to pick up what they say. The Hansard staff have done a terrific job this year, and we appreciate their hard work. I also thank Joseph Rokoqo and the dining room staff, the Parliament Library staff, the Administration and Building Services staff, and the attendants. They have all done a fantastic job.

I also acknowledge the work of the Cabinet Office staff—Leigh Sanderson, to whom the Premier referred during question time, Roger Wilkins and Don Colaguiri, the Parliamentary Counsel, who I am sure all members know and who has done a terrific job throughout the year. I also thank the Premier's Chief of Staff, Mike Kaiser, Davina Langton, Eamon Fitzpatrick, Ben Wilson, and the other guys up there. It has been great working with them.

I thank Russell Grove for his advice throughout the year. I know he gives that advice fairly and dispassionately. I have to say with disappointment that the Clerks never tell me what members on the other side are plotting. I have always thought that is a blight on democracy, but it certainly seems to make the place work well—according to them. The Clerks are very professional, courteous and diplomatic. I thank Russell Grove, Mark Swinson, Les Gõnye, Ronda Miller and Greg Kelly for their terrific work throughout the year.

I also pay tribute to my personal staff. Often a Minister's personal staff feel the ups and downs of the Minister's professional life, and my staff have been with me 100 per cent. I thank my Chief of Staff, Brent Thomas, and, my Deputy Chief of Staff, Gary Sergeant. I also thank Steve McMahon, who is in the Chamber. I am sure all members have acknowledged Steve's work throughout the year. He is a highly regarded young bloke and councillor. I tell the guys when they take on the job that it is not a job you can do for too long because it involves long hours and you have to have all the balls juggled in the air and try to keep everyone happy, including all the Ministers' offices and the Opposition, and try to get the program done in a fair way. Thank you, Steve, you did a fantastic job throughout the session.

I also pay tribute to my driver, Wayne Leach. He will be delighted that he has got a mention in Hansard, as Joel used to. Joel has been sick for a fair while, and Wayne has been my driver for most of this year and he has done a great job. I also thank my personal assistant, Wendy Smith, a terrific worker who really makes my job easier, and my Chief Secretary, Stacey Howes Jamison, who has done a fantastic job. In conclusion, on behalf of the House I thank all parliamentary staff and my colleagues on both sides of the House. I hope we all enjoy the time with our families and working in our electorates, and we come back refreshed and ready to do battle next year, hopefully in late February if we do not have to deal with upper House amendments tomorrow. I wish everyone all the very best for the festive season.

Mr SPEAKER: I thank the Leader of the House for his felicitations. I would like to extend my own words of thanks for the way in which the Parliament has operated during this year. It is, of course, a complex area of operation involving the commitment of a large number of people. I suppose the general public see the tip of the iceberg, in the sense that most of the attention is focused upon the members as the public image of the operations of Parliament. As I have said on other occasions, behind members of Parliament there is a vast army of people who carry out a wide variety of functions without which this Parliament and, indeed, democracy in this State, would not be able to operate.

I am often asked what I do other than sit in the Parliament. Members of the public have an image of the Speaker sitting in the chair and presiding over meetings of the House; they are not aware of the many other duties of the Speaker. I have much relish in telling them about my other duties because of my interaction with the large number of people who make this Parliament operate, that is, the more than 1,000 staff who carry out a number of functions, each one of them of extraordinary importance. The Parliament would not be able to function if the cleaners were not here in the early hours of the morning carrying out their duties: cleaning members' offices, making sure that the Parliament is tidy, and making sure that when members of the public visit the Parliament it is up to the standards we expect. I would like to thank all the cleaners. They are very humble people. They work very, very hard and they are not often recognised. Their smile is always friendly and at whatever time we arrive early in the morning—and I sometimes arrive very early—they are always very happy with their greetings and seem to be happy in their job.

The security staff are here 24 hours a day seven days a week. Security is an issue very much in the public focus now, and it is of concern to everyone in the Parliament. Trying to achieve a balance between making sure that security is appropriate while at the same time making sure that the Parliament is also a welcome place for the general public is becoming increasingly difficult. We are addressing it now almost on a daily basis. I would like to particularly thank Morgan Andrews and his staff for their work in ensuring that security here is appropriate and adequate but at the same time is not intrusive. I do not know how long we can maintain that. I make that quite plain, because it is increasingly occupying my mind and the minds of a lot of other people here. Inevitably I think we will need to take increased security measures as far as the Parliament is concerned. But, nonetheless, I pay tribute to our security staff for the way in which they do their work.

I also acknowledge the Building Services staff. This is, of course, a very sensitive building. Next year we will celebrate our sesquicentenary. In fact, 22 May next year will be the 150th anniversary of the very first meeting of the Legislative Assembly. That brings to mind the historical aspects of this building, the great heritage value it has, and the important custodianship we have of one of Australia's most historic buildings. The Building Services staff do an extremely good job in making sure that the Parliament is maintained and functions as it should, always mindful of and sensitive to the Parliament's heritage and our historical environment,. Other departments provide the many day-to-day functions without which members of Parliament could not operate: the Food and Beverages staff, the library and the research that is carried out by library staff, and the Information Technology Services.

The Leader of the House referred to Hansard. Members of Parliament are very appreciative of the work of Hansard, who, as the Clerk and I said in a discussion this morning, regularly make a silk purse out of a sow's ear. They do a wonderful job with the many words spoken in this place, sometimes not as well as we, myself included, intended. Sometimes when we think back on what we said we are grateful to see in Hansard that it is not as bad as we actual remember it! But of course, Hansard are absolutely 100 per cent true to accuracy. It is amazing how they can maintain the accuracy but render it much better than what we thought we actually said. So thank you to all in Hansard.

To the Clerks at the table and all the Legislative Assembly Procedure Office staff: I very sincerely thank you all. I, of course, work very closely with a number of people in terms of the processes and procedures of the House and at times decisions have to be made very quickly. One is always conscious that precedents are set, that everything is on record, that it has to be accurate and watertight, and that it has to meet the wide approval of people who in many cases have different points of view, and sometimes very strongly held different points of view. It is not an easy task, but I am very much guided by the advice and the counsel I receive, and I very sincerely thank the Clerks and particularly the Clerk of the Legislative Assembly, Russell Grove, for the wise counsel and advice he gives to me.

I would also like to thank my personal staff. I have been through a few changes during the year and I very much lament the loss of Nick Davy, who went to other areas. Nick had been my chief of staff and then eventually took on the title of my executive officer. He has been replaced now by Rhys Grainger, who is also doing an excellent job. I welcome Rhys to my staff and thank him for the way in which he has thrown himself with gusto, commitment and a high degree of competence into his job. I know that Rhys's efforts are very much appreciated by all members on both sides of the House as well as the Independents when they have had to negotiate their way to me through him.
I would like to thank one other person who is with me every day—the only person besides the Clerk of the Legislative Assembly and Les Gönye who has been in the Parliament longer than I have, my personal attendant, Joe Andrade. Joe, thanks very much. I do not know how I would survive without you. I really appreciate all the work you do and the assistance you give me. In that vein, I would particularly like to thank all the parliamentary attendants for the fine service they provide to members.

Finally, as in previous years I would like to acknowledge the people who really keep each and every member going: our electorate staff. Certainly my electorate staff, Sandra and Janine— sometimes working in areas akin to the trenches—do an excellent job. My duties in this Parliament quite often keep me away from my electorate, but Sandra and Janine are always there, as are the electorate staff of all members of Parliament. While we are here in Parliament and doing other duties they are looking after our constituency, they are looking after the welfare of our constituents, and they are indeed looking after our own welfare as well in the process. I know there is not a single member of Parliament on either side of the House, nor indeed an Independent, who is not cognisant of the tremendous work that electorate staff do. We are sincerely grateful for that.

I receive many items of correspondence from across the State about the operation of the Parliament, but there are none more gratifying than a letter, an email, or a phone call expressing gratitude for assistance a constituent has received from an electorate staff member. That is a frequent occurrence and it gives me much pleasure to acknowledge that. To my colleagues on both sides of the House, thank you all for the work you do and thank up for your assistance. We conduct serious business in this place and sometimes emotions run very high. I acknowledge that, and of course there is not one of us who is not committed to what we believe in and how we believe we can make a difference to the State by being here. Nonetheless, for the most part we do it co-operatively and in a spirit of goodwill.

I thank the Opposition and the Independents for their understanding, realising that being a referee or an umpire can at times be a frustrating experience, and being aware that, as is always the case with a referee or an umpire, when one side cannot score a point off the other side, the next target is the referee. Sometimes that happens, but I am enjoying the task immensely. I would not enjoy it if I did not have the understanding, the co-operation and the assistance of all members of the House. In that respect I offer my special thanks to the Whips on both sides of the House: Gerard Martin and Alan Ashton on the Government side and Daryl Maguire and Thomas George on the Opposition side. It is great to know that we can talk about and resolve many issues in an informal way and have the Whips convey messages to the other members in a way that enables everyone to work together.

I wish everyone, the parliamentary staff, my colleagues on both sides of the House and the Independents, and especially my personal staff, my best wishes for a very merry Christmas. I hope to see you next year and continue the work we are privileged and honoured to perform on behalf of the people of New South Wales and on behalf of democracy in this State.

Mr ANDREW TINK (Epping) [4.51 p.m.]: Mr Speaker, Happy Christmas, and thank you, in particular, for understanding my role as shadow Leader of the House. I know you were the shadow Leader of the House in times past. It is not the easiest job, and you have often given me a little indulgence when I have been on three calls to order. I have to make an impact on most sitting days, if I can and, to that extent, you have always recognised that and given me leeway to manage it on most days. I would like to thank the Clerks for all their assistance. There have been some fairly interesting changes to some of the standing orders in recent times and we are still struggling to get across them all. There are times when I approach the table in a rather fraught state. Sometimes I say to my personal staff, "I will give you a standard apology, which I renew regularly, and then there will be occasions when you just have to deal with me." I greatly appreciate everyone's indulgence.

I would particularly like to thank the Whips, especially Daryl Maguire and The Nationals Whip, Thomas George. Just in the last 48 hours or so Daryl has had to come to grips with some changes to the way call-overs and items of business are identified on Thursdays. In fact, today was the first Thursday and I thought he managed things exceptionally well and I am grateful to him for that and for helping me to work out what was happening. The call-over has basically been delegated to the Whips, which provides interesting internal management issues but, if today is any guide, I think Daryl, in particular, has taken up that challenge exceptionally well.

I would like to thank Hansard especially. It always intrigues me when I try to take a point of order or I am called to order and they have to work out what to do when I keep ranting and raving. The decisions they have to make fairly and robustly are appreciated. I have a small interest in history and I discovered recently that one of the first Hansard reporters was Samuel Johnson, who wrote the dictionary and was probably one of the greatest people who has ever written in the English language. He was not really a Hansard reporter, because this was before Hansard was produced; he was one of the first reporters to report for the newspapers in England in the eighteenth century. Nevertheless, Samuel Johnson was one of the forebears of our present Hansard reporters and, as Mr Speaker said, the quality of the reporting does us all justice now, as it did then.

Mr Alan Ashton: And they got on television a minute ago.

Mr ANDREW TINK: That is right. I am used to my friend from the East Hills. He has the right spirit. If he was not in the Chamber doing that, I would feel a bit uneasy about what he might be planning. It is good that he is in that mood. I would like to thank the bills and papers staff, who are especially important for my office and for the running of the Parliament generally. Their role is particularly important now that the call-over of general notices of motions has changed. When some of these procedural issues fall out of prime time in the Chamber, the role of the bills and papers staff becomes all the more important.

I have been very encouraged by the continuing interest of members on all sides in general notices of motions. I was concerned that interest would wane but it has remained strong, a sign of member's dedication to their work in the Chamber. I thank the catering staff, the dining room staff, the security staff, the Information Technology Services staff, and the library staff. The quality of the research papers that are put out by the library is second to none. Indeed, some of the work of the research section is original; it is not found anywhere else and it is of immense help to us in the Parliament. I also commend the library on the outstanding work it is doing for the 150th anniversary of the Parliament next year. I am delighted that it has a very strong focus on historical writing. I note that David Clune and a number of others in the Library have played a great role in that. That will mark a very appropriate 150th anniversary next year. It is worth commenting upon now because a lot of work has already been done and, indeed, some of the excellent publications are already available.

I would like to thank the attendants and mention in particular, as the honourable member for Lachlan did, Terry Parker, who has been with the Parliament for 35 years, an extraordinary length of service. I wish him a very happy Christmas and may he be here for many years to come. It can be a problem to mention individual people, but I would like to say that Peter Tuziak does an outstanding job with the school students who come into the Chamber. Peter and his willing supporters have a wonderful program in which they involve the students in a mock Parliament, which is no small feat because it has to be done in the space of 30 minutes to 45 minutes.

I first became interested in the Parliament at the age of 11 years when I visited the Parliament with my school. John Maddison was the local member at the time. I have never forgotten that experience and I always try to attend when one of my schools is visiting because I remember the impact it had on me and I hope that maybe some students who visit will consider one day becoming a member of Parliament. It is a wonderful program and I thank them very much for running it. I would also like to thank my staff. I have had two wonderful women working for me in Parliament this year and they are both named Natasha. I thank both of them for the outstanding job they have done. I would also like to thank my electorate secretary, Margaret, who is one of the longest serving employees of the Parliament. She has been working for the Parliament for 25 years. I thank the rest of my electorate staff also and I wish everybody in the Parliament a very safe Christmas.

[Debate interrupted.]

Mr SPEAKER: I acknowledge the presence in the public gallery of a long-term friend, rather than an old friend, Rear Admiral David Holthouse, AO, RAN. I first knew Rear Admiral Holthouse when he was the captain of the HMAS Nirimba in the days when I was the mayor of Blacktown and granted freedom of entry to HMAS Nirimba. I acknowledge also the presence of Ted Graham from Sydney Search, which is locating the World War II cruiser HMAS Sydney, which was lost with all hands. They are guests of the honourable member for Cambelltown.

[Debate resumed.]

Mr ANDREW STONER (Oxley—Leader of The Nationals) [5.00 p.m.]: It has been a heck of a year in the New South Wales Parliament generally and in the Legislative Assembly in particular. It has been a year of upheaval and change; and I am sure most of us will be happy to put the year behind us. Nevertheless, the show has kept rolling. On behalf of The Nationals in New South Wales I thank all members; their staff, including those in electorate offices, who have a difficult job not only at the best of times but all year round; the staff of the Parliament, especially Hansard, the clerks, and the attendants. As the honourable member for Epping said, the attendant Terry Parker has achieved 35 years of service. Terry and the other attendants do this Parliament and this Chamber in particular a great credit in servicing this aspect of our democracy.

I thank the staff in the procedure office, members' services, the accounts section, building services, catering, printing and security, and members of the press gallery for the role they played in keeping this Parliament running, and running effectively, in 2005. I also thank Mr Speaker and the Acting-Speakers, the whips and all others involved in the continuing performance of our duties in this House. Despite criticisms of this place from without, and sometimes from within, the House is run well and serves the public well as a house of government.

I make special mention of the staff of The Nationals in Parliament House, most of whom originate from country New South Wales and find their way to Sydney for whatever reason. They have a passion for the bush, as do the members of The Nationals in this place. I refer particularly to my Chief of Staff, Stuart Sinclair, and my office manager, Regina McCulla. This afternoon she decorated The Nationals office with traditional Christmas decorations; the place is looking bright and cheery. I thank my media advisor, Tanya Cleary; my policy advisor, Justin Bird; The Nationals stenographer, Gemma Wald; and Monique Taylor. Monique has just finished working for The Nationals. She did a fantastic job for us for most of the year, and she is moving to Albury with her husband. She is happy to be returning to the bush—she hails from the Central West district—but I am sure she will not be a stranger to Parliament.

I also thank my electorate office staff: Margaret, Helen and Patricia. The Oxley electorate has the distinction of having the lowest average family income level of any electorate in New South Wales. We see that through the electorate office in Kempsey, with people requiring all forms of assistance. Margaret, Helen and Patricia are always extremely helpful, compassionate and hardworking in providing assistance to the constituents of Oxley. If ever there was a patient and long-suffering crew, it is those staff members. It is not easy being in Opposition, with a lack of resources, and the demands are great. So I thank all the staff.

On behalf of the New South Wales Nationals, I wish all those involved in the running and operation of this place and our parliamentary democracy in New South Wales a safe, happy and holy Christmas. If you are visiting the beautiful mid North Coast district I call home for a traditional Aussie beach holiday, please be extremely careful on the Pacific Highway. Finally, may God bless all those aforementioned and their families, and please remember the reason for the season.

Mr MICHAEL RICHARDSON (The Hills) [5.05 p.m.]: This is my 13th Christmas in the Parliament, and I have not spoken during the felicitations debate for a number of years. I decided to speak today because this year has been a difficult and tumultuous year in the history of the New South Wales Parliament and I want to pay a special tribute to the people who have enabled the Parliament to continue to function, and indeed flourish, under difficult circumstances.

In particular I thank the Library staff, Greig Tillotson, Margaret Horton, Phil Dixon, Lynette Tavukcu, Prue Jessep and Evan Cole for the work they do. Indeed, I thank the Library staff for their efforts over a long period on my behalf and indeed that of all members. Their research services, which are provided expeditiously and with good humour, are much appreciated. They make it easier for members who are requested at the last minute to make a speech in terms of providing information that we need. To some extent, the advent of the Internet has changed the role of the Library staff, but it would be correct to say that the information we want is not always available on the Internet. Indeed, I suspect that the information provided by the Library staff is considerably more reliable than much of what is available on the Internet.

We would not get access to the Internet were it not for the hard work of the Information Technology Services [ITS] staff. I have had extensive dealings with Helene Bell, Neil Dammerel, Kerrie O'Brien and Nick Smyrnios. We have had some problems accessing GroupWise on weekends and even during the week from time to time, but I know that the ITS staff have been beavering away behind the scenes, working hard to ensure we are back online as soon as possible. It is an interesting reflection on the way a member's role and duties have changed over the 12 years I have been in this place that we have become so dependent on technology and laptop computers. I am sure all members carry their laptop with them wherever they go. I could not be without my laptop on weekends to link into the system. These days, reading emails and accessing information on the Internet is absolutely essential to my ability to perform my job as member for The Hills and shadow Minister for the Environment.
I also pay tribute to the Hansard staff. The way they so accurately report what is said in this place never ceases to amaze me. Indeed, even when we have late-night sittings they have the printed version of the previous day's proceedings ready for our use at 10 o'clock the next morning. Of course, it is not quite as bad as it was back in the days of the 50th Parliament—I suppose some people might call them the halcyon days of the 50th Parliament—when frequently we sat until 2 o'clock, 3 o'clock, 4 o'clock and 5 o'clock in the morning. Of course, the longer we sit, the more tired we and the Hansard staff get, and the more work they have to do, because the longer we sit the more words they have to report. Yet somehow or other that material is always available in the morning, and that is much appreciated.

I was interested to note that when I had occasion recently to try to encourage the Minister for the Environment to drink some Jenolan Caves tap water, that was recorded in Hansard, and your comment, Mr Speaker, seemed to overrule mine. I do not know whether that is because you are Hansard's boss or whether you have a louder microphone. It is a phenomenon I feel ought to be investigated. You perform a difficult job, Mr Speaker. My congratulations to you in your performance of that role. The impartial way in which you make your judgments is much appreciated. This place is known as the bear pit. Sometimes it gets extremely rowdy. Being the Speaker of New South Wales Parliament has always been a difficult job. I say that no matter whether it is a Labor or Liberal Speaker.

It has been a difficult year for the dining room staff with David Draper off indefinitely. The dining room has managed to continue but not in its usual way. The quality of the food—and a number of my colleagues have commented on this—has improved significantly. I do not know whether it is a result of the survey we all filled in recently—I know there were some critical comments on the food at that time—but the offerings of late have been of a very high quality. To Maureen Morgan, who organises the functions in the Strangers Dining Room—and does it very well—to Jenny Sparkes and Maria Marcinkus, who serve the Coalition members in the Members Dining Room, my thanks for a job well done.

To the Clerks—Ronda Miller, Russell Grove, Les Gönye and Mark Swinson—thank you for your assistance during the year, many times outside the Chamber, for example, in evaluating electorate newsletters and making very helpful changes that many members seem to object to and change back again. That is a difficult role, and one needs to be consistent and impartial in the way one applies the rules. I know it has been a very difficult and hectic three months for the staff in Peter Debnam's office, but they have certainly picked up the ball and run with it. They are making great strides. To Stephen Galilee, Brad Burden, Peter Rouse, and my former staffer, Justin Mulder, who has joined Peter Debnam's office, my thanks for the effort you are putting in.

To my own staff, Joy Saly and Andrew Collins, I pay special tribute. Joy Saly has been with me for nearly four years. She briefly worked for two members for Hornsby. She runs the office very efficiently. One of the things that is not clearly understood, I suspect, is that it is not just an extra workload placed on a member of the Opposition when he or she becomes a shadow Minister; a significant additional workload is placed on our staff. Most of us have a staffer based in Parliament House who works largely on portfolio work. That means the staffer left in the electorate office is essentially doing the work of two people. They do that without getting any extra pay for their efforts. To do that in the way in which Joy does it, and with such good humour, deserves special commendation. Andrew Collins has been with me for the best part of eight months and he has done an absolutely outstanding job as my senior researcher and media officer. I look forward to another very good year with these two fine staff next year.

I wish everyone associated with Parliament and all of my constituents a very joyous Christmas and a safe and happy break over the Christmas period and, of course, a very safe New Year.

Ms KATRINA HODGKINSON (Burrinjuck) [5.15 p.m.]: I join with my colleagues in wishing you, Madam Acting-Speaker, and all members of this House, a very happy Christmas. In doing so, I say thank you so much to my electorate office staff. I have two wonderful employees who are loyal and hardworking, and to whom nothing is too much trouble. When faced with some very big asks from me they always come through smiling, with great humour, and always produce excellent results. Of course, when Parliament is sitting we communicate electronically, because with my electorate office located in Yass it would be impossible for them to travel up every time Parliament sits. To Liz Monk and David White I say a very hearty thank you for all your hard work again this year. You have both been with me for a long time. I appreciate very much the hard work you put in each and every day you are in the office to make the electorate of Burrinjuck a more pleasant place for my constituents and the hard work you put into constituent matters and other matters as they arise.

I wish a happy Christmas to our Nationals executive officer Gemma Wald and her predecessor, Jessica Preeby, who both worked very hard for The Nationals in Parliament House this year. They have a tough job. One executive officer is spread between all the members and shadow Ministers combined. They do a really good job and are under a lot of pressure, whether it is to type notices of motion, questions on notice or press releases. They have to perform in a timely manner, and they do that very well. To Andrew Stoner, the Leader of The Nationals and his staff, it has been another great year for you guys. You have done a great job. Tanya Cleary in particular, the former chief of staff, Scott McFarlane, our present chief of staff, Stewart St Clair, and everybody involved with that office do a fantastic job.

The Clerks and the bills and papers officers do an outstanding job. I particularly thank Russell Grove for his advice and assistance this year. I thank Patricia Broderick for her knowledge, friendliness and willingness to help on any occasion. I thank John Hatfield for all the Cabcharge vouchers. I thank Ronda Miller for her unstinting good humour and advice when I have issues of concern, and for her fairness in dealing with all sides of the issues. My thanks to Gladys Kleiner for her expert knowledge of the LSA system. And I thank Greg McGill; I know Greg has a pretty tough job.

I also wish a merry Christmas to my email buddies—Rebecca Cartwright, to whom I email the questions on notice every day, and Lisa Gelzinnis, from Hansard, to whom I email my private member's statements. Thanks, girls. My thanks to the Legislative Assembly staff, including April Lowndes, Cathy McLean, Dennis Wilson, Ian Delahunty, Terry Parker, Richard Weber and Peter Tuziak. Thanks for helping my school kids around, Peter. I thank cleaner Selma Wong and now Lourdes Gutierrez, who is filling in while Selma is overseas. I thank the dining room staff, particularly Maureen Morgan, Joseph Rokoqo, Jenny Sparkes and Maria Marcinkus, and the new chef. As the honourable member for The Hills just mentioned, he is fabulous. Thanks to Morgan Andrews for his assistance with security matters during the year and also to all his staff, particularly Eugene Hart.

Thanks also to members of the Opposition, Government members and Mr Speaker for their very kind messages of support following the tragic death of my father this year. I have had one hell of a six months. On 29 August we had the very sad news about John Brogden and his suicide attempt. I am only just at the stage now where I feel that I can start to talk about this. It has been a pretty rough time. We had the incident with John on Monday then on the Friday my father committed suicide. It has been a pretty rocky road. The five or six years of continuous drought on the farm were pretty tough on him. He was a partner with his brother on the farm. Things had been going from bad to worse. He started to experience some depression but we did not realise the ultimate extent of it. I found his body on a Friday morning, on 2 September, in the shearing shed. The details are fairly gruesome so I will not go into them in this place but I would not wish anybody in this place ever to experience such an occurrence. The tragedy was also involved with a court case that is continuing. It is a sad fact that intergenerational transfer of rural properties is an absolute mess and at some stage it will have to be sorted out.

Depression is a very serious matter. There would not be a member of this House who does not know someone that has experienced depression at some stage in their life. We need to tackle the issue of suicide head on. I am very sorry that my father was a victim. I thank all Government members who sent me very kind wishes. I received many beautiful bouquets of flowers and some lovely handwritten messages of support from both sides of the House. Dad was a member of the Government committee for the National Parks and Wildlife Service and I thank the service very much for the lovely gestures of flowers and letters. My mother of course has had a shocking year, as have my sisters and their husbands. These things are sent to try us and we can only learn from them. I just hope that things get progressively better as time goes on. Merry Christmas everyone. Let us hope that 2006 will be a lot better than 2005.

Mrs JUDY HOPWOOD (Hornsby) [5.32 p.m.]: I contribute to seasonal felicitations in a sober frame of mind following the speech of the honourable member for Burrinjuck. In many ways her Christmas will be completely different from what she would have imagined at the beginning of the year, with two young children and everything to hope for and wish for in life. Such a sad occurrence is beyond our imagination: we could not put ourselves into her shoes in relation to the sadness and anguish that the death of her father would have caused. This is my fourth Christmas as a member. I wish a safe, happy, healthy, holy Christmas to Mr Speaker, Mr Deputy-Speaker and the acting speakers, all members, staff and the friends of the Parliament. This year I feel more a part of the fabric of the place than previously. I thank everybody for their assistance over the last year. There are too many to name. Each and every person in this place contributes to the team. I also extend my thanks to my staff—Camille Smith, Vanessa Crago and Christine Collins and the various staff members who provide relief as well as the volunteers who help in my office. As previous speakers have mentioned, it is impossible to do this job without a wonderful staff, and I certainly have one of the best teams.

I turn now to refer to a family of friends I have known for many years, going back to primary school days when our children went to St Patrick's school at Asquith. I do not in any way wish to invoke feelings that I am doing this for any political point scoring; I certainly am not. The Anderson family and my family have known each other since those early days when we shared many times working on parent committees and raising funds for St Patrick's. We cooked many sausages and did numerous other things to promote the school. The tragedy of the loss of Vanessa has impacted on me and my husband, Stephen, and our children, Jessica and Ashleigh. Michelle and Warren Anderson had three beautiful children: now they have two beautiful children and the memory of one. Amanda and Nathan are both wonderful examples of children of fantastic parents. Nathan is the same age and was in the same year as my daughter Jessica, so he would be 21 or 22 years old. Obviously, the family is in a terrible state of grieving. Following the loss of Vanessa their Christmas morning will be different from ours.

We will be thinking about them most sincerely and I will be seeing them on occasions to try to do any small things I can do to help them in whatever way possible. I extend to the Anderson family and their wider family and friends my very sincere condolences again and my very best wishes for whatever they can make out of Christmas. This is a sobering note. We should all bear in mind the circumstances of those who will not feel the spirit of Christmas in the usual way. I know that every member in this place will know of a family or many families who have suffered this year and who will not spend Christmas in the way they may have spent previous Christmases. I conclude by wishing a Merry Christmas and a safe, happy and healthy festive season. I look forward to the challenges of 2006.

Motion agreed to.

Message received from the Legislative Council returning the bill without amendment.

Madam ACTING-SPEAKER (Ms Marianne Saliba): Order! The House will now deal with General Business Notices of Motions (General Notices).

General Business Notices of Motions (General Notices) given.

Ms MARIE ANDREWS (Peats) [5.36 p.m.]: The Christmas season is well and truly upon us and the message of peace and goodwill is being spread far and wide. This year I decided to send out a Christmas card that showcased some of the outstanding artistic talents prevailing in local schools. A letter was sent to the principals of both Government and independent schools within the Peats electorate, inviting Year 3 students to participate in a Christmas art competition. The response was overwhelming with 185 entries being received from eight participating schools. Students of Year 3 classes in schools spread throughout the diverse Peats electorate put on paper their thoughts on what Christmas brought to mind for them.

What a wealth of talent there is in our schools! So much so that I called upon an expert in the field—well-known local artist Judith Hoste of the Woy Woy Peninsula—to judge the entries. The winner of the inaugural Peats Electorate Christmas Card Competition for 2005 was Taylah King of Kariong Public School. Taylah's artwork has been proudly printed on my Christmas card for this year. This young student's art very aptly portrays Christmas on the scenic Central Coast. Taylah's art features a Christmas tree in the foreground, with the ocean as a backdrop, viewed through the window of a house. The artwork tells the viewer that this young student has a wonderful sense of imagination and a very good command of the use and blending of colours.

For her magnificent efforts Taylah will receive a $50 gift voucher. Kariong Public School, as the winning school, will receive a $200 gift voucher to enable a selection of books to be purchased for the school's library. Next Monday, I will personally present the vouchers at the school. The art competition was so competitive that it was decided that, in addition to the winning prize, a student from each of the eight participating schools should receive a "Highly Commended" certificate and a gift voucher to the value of $10. The eight highly commended students are: Bree Ballarin from Woy Woy Public School; Matthew Bateman from Kariong Public School; Teigan Miller from Umina Public School; Melanie Weafer from Peats Ridge Public School; Dominic Erbeni from Central Mangrove Public School; Breanna Bashaw from St John The Baptist School, Woy Woy; Hugo Morgan Franich from Point Clare Public School; and Jayden Rutherford from Ourimbah Public School.

I congratulate Taylah King, the winner of the inaugural Peats Electorate Christmas Card Competition, all the students whose art has been highly commended, and, most importantly, I thank all those students who entered the competition. Their efforts are very much appreciated and admired. It is my intention, time permitting, to visit each of the participating schools over the next two weeks to personally thank the students and present the first prize winner and all the highly commended art winners with their certificates and gift vouchers. This art competition would not have taken place without the excellent organisational skills of the Peats electorate office staff. I particularly thank Suzanne King, who is ably assisted by Narelle Arnfield, Catherine Wall and Gary Hayden, who has been relieving in recent weeks. They all do a great job, and I wish to place on record my appreciation for their efforts. I conclude by wishing the principals, staff and students of all the schools in the Peats electorate a merry and safe Christmas and a happy New Year.

Mrs SHELLEY HANCOCK (South Coast) [5.41 p.m.]: I wish to convey the concerns of the dive community, the dive industry and the ecotourism industry of the South Coast and districts in relation to the Government's latest proposal to tax recreational scuba divers as outlined in a discussion paper in September 2005. The deadline for comments regarding the proposal to tax recreational divers closed yesterday, and no doubt there will be many submissions raising various concerns. However, I wish to summarise the concerns raised at a meeting of key stakeholders that I attended last Tuesday, 22 November, at Huskisson. Prior to raising those concerns I wish to refer to the Department of Primary Industry's discussion paper, which proposes to tax divers in New South Wales at a rate as yet undetermined but which was originally rumoured to be $20 a day.

Ironically, the Government praises the contribution of scuba divers to the protection of the marine environment in the September discussion paper. The paper describes that contribution as a "strong commitment", and further pays tribute to the dive community, which the Government states has worked closely with the Department of Primary Industries as part of the grey nurse shark recovery program. The Government further states that divers have "assisted with research work, reported illegal fishing activities, and helped to remove hooks, ropes and other fishing gear from injured sharks". Herein lies the great and sad irony of this proposal to tax professional divers, which on the one hand includes great praise for the dive communities of New South Wales but on the other hand proposes to tax them for the privilege of voluntarily assisting the Government, in relation to the grey nurse shark recovery program in particular.

The whole idea is just a tragic joke! The Government proposes a range of enhancements to the existing grey nurse shark critical habitat sites, and it presents three options for consideration. Interestingly, all three options include a dive fee and differ only with regard to where the tax will be imposed and for what purposes. It seems that the Government has already decided to tax the divers in some way, and its request of divers for comments on the three tax options simply highlights its contempt for the diving community of New South Wales.

What has been the response of the dive community in my electorate of the South Coast? Last Tuesday week I attended a meeting at which a Department of Primary Industries representative attempted to justify the proposed tax. The meeting was attended by various stakeholder representatives ranging from dive club members to charter operators and retail outlets, to local surfers, kayakers, paddlers, snorklers and the Shoalhaven City Council tourism director, as well as a local councillor. The meeting lasted 3½ hours with a range of speakers reiterating the clear question as to why divers were to be punished by way of a tax in return for their previous assistance given to the Government. To cover some of the specific points raised at the meeting I wish to quote from the minutes, which read:

1. This fee is nothing more than a tax that has nothing to do with conservation or the Grey Nurse Shark but with revenue raising for the DPI.

2. The DPI is deliberately trying to exploit divers' environmental consciences and is misleading the public about the relationship between this tax and the Grey Nurse Shark.
3. The diver rewards listed in the Discussion Paper are those that the DPI considers divers may find beneficial. They are not benefits that divers have specifically requested, rather they are benefits that the DPI have invented in order to sell the Tax to divers.

They are just three of the points from the minutes; there are many, many others. No doubt they will be conveyed to the Minister. All of them oppose this unfair tax for a number of reasons, including the impact on tourism and associated businesses on the South Coast. The reality is that recent budget cuts to the Department of Primary Industries budget have left the department unable to carry out its core responsibilities and searching for new ways to tax certain sectors of the New South Wales community, which is currently overtaxed by comparison with other States in this country.

I would be astounded if Queensland were ever to contemplate such a tax, since that State seems to consider its own communities and its economic future a lot more carefully than the New South Wales State Government does. I call on the Premier to direct his Minister to immediately rule out further consideration of the tax and to heed the warnings of the dive community in my electorate that their assistance and previous co-operation with the Department of Primary Industries in respect of protection of the marine environment will no longer be forthcoming. Indeed, who could blame them? The message from the Government here to the dive community is simple: Thanks for all your help, but now we will be taxing you for helping us so much. The message from the divers to the Government is: If you tax recreational divers, it will cost you our support and assistance in the future. This nonsensical proposal to tax divers, who have little or no impact on marine ecology except in positive ways, will undoubtedly threaten the good relationship that has previously been built up between the Department of Primary Industries and the dive community.

Mr JEFF HUNTER (Lake Macquarie) [5.46 p.m.]: Tonight I want to talk about celebrations held by Lake Macquarie electorate schools over a period of about one month from October to November. Over that period three schools had great cause to celebrate. The first was Cooranbong Public School, which celebrated its one hundred and twenty-fifth anniversary. As part of a weekend of celebrations I had the great pleasure to join the students, teachers, staff, community members and many former students of the school in a street parade in Cooranbong, which proceeded from the State Emergency Service and Rural Fire Service premises to Government Road and into the school grounds. Many of the parade participants were dressed in period costume. Following the parade we had a special ceremony, which started with a welcome to country from the local Aboriginal community and included performances by school students. I congratulate the students on the great performances they gave on the day.

The special ceremony was held underneath the school's new $44,000 covered outdoor learning area [COLA], which I was honoured to have been asked to officially declare open on the celebration day. I congratulate all the teachers and staff, the students and the school community at Cooranbong Public School on rallying around to raise funds for half the cost of the COLA. It was jointly funded by the State Government under the 50:50 program, and it is certainly a great addition to the school. I also congratulate all those involved in organising the one hundred and twenty-fifth anniversary celebrations, particularly the exhibition of school memorabilia. I commend the school's parents and citizens association for putting together the very interesting book on the school's history. It would be remiss of me, however, if I did not point out to the Minister for Education and Training that over the past few years I have made numerous representations concerning the need for improvements at the school. The Government funding provided for the establishment of the COLA is certainly very much welcomed by the school community, but I raise with the Minister the other issues I have outlined to her in writing in the past and seek some additional funding for this worthy school.

On 14 November I had the great pleasure of representing the Minister for Education and Training at Booragul Public School for the opening of the school's new $659,000 library and technology centre. The new building replaces an old demountable library that served the school for many years. The school community was very glad to see the last of the demountable building and to move into the new library and technology centre. The school now has a permanent building that can house its extensive collection of books, teaching resources and historical material. The attached activity technology room means that a full class of students can work together on information technology in a modern learning environment. It was a fantastic day, on which Booragul Public School was able to showcase the talented teachers and students of the school.

I was very glad to be joined at the official opening by the School Education Director, Liz Rushton, together with many former students of the school. I thank the Government for its assistance in providing funding for the establishment of the new library and technology centre at the school, and I again remind the Minister about my representations regarding the need for staff car parking on the site. I acknowledge that the Minister has responded to me on that matter, saying that it is in forward planning, but if that money could be provided the surrounds of the school would be much safer because there would be formalised car parking for teachers.

The third school to celebrate in November was Coal Point Public School, which celebrated its fiftieth anniversary on 18 November. I was pleased to be joined by my Federal parliamentary colleague the Hon. Kelly Hoare, officials from the Department of Education and Training, community members, and the first teacher to be appointed to the school, who gave a fantastic address about his memories of 50 years earlier when attending Coal Point Public School during its first days. There was a great re-enactment of the opening of the school by students and fantastic performances by the school band, violinists and the Sing New South Wales Choir. Congratulations to Julie Hodge for the work that she has done with those wonderful students. Overall, it was a fantastic day at Coal Point Public School. I congratulate everyone involved, particularly the parents and citizens association, whose members have worked hard for many years to improve the school and make it the wonderful place that it is today.

Mr DONALD PAGE (Ballina—Deputy Leader of The Nationals) [5.51 p.m.]: Two days ago the State Labor Government announced that community college funding from State sources would be slashed from $6.2 million this year to $4.3 million per annum for the next calendar year, a cut of $1.9 million and a reduction of more than 30 per cent. That is outrageous and unacceptable and has widespread negative implications for our community college sector. In the Ballina electorate the Alstonville-Ballina College and the Byron Shire College have helped countless numbers of people to further their education and achieve their career and personal goals. These colleges provide an invaluable educational resource to people living in the areas they serve. Yet following the Government's huge cut in funding, the future of the colleges in the Ballina electorate, along with many other community colleges in New South Wales, is no longer guaranteed.

Some colleges will face closure, whilst others will have to cut the courses they offer and/or increase their fees. Whilst many colleges do not have official confirmation of their funding for next year at this stage, I am aware that Yamba Community College on the North Coast has suffered a 14.9 per cent cut in funding. That is totally unacceptable. I am also advised that, incredibly, the Government is cutting funding for literary courses by 27 per cent. I understand that as a result of that cut, literacy and language programs offered through the Alstonville-Ballina Community College at Evans Head will be cut. Those community members who rely on community colleges to achieve their goals—and in many cases do pre-vocational courses—will be left without the means of achieving the skills they need to benefit themselves and the community.

I also understand that the Byron Shire Community College will also feel strongly the literacy funding cuts and that enrolments will suffer. Ten per cent of the population cannot read or write and this funding cut to literacy will only make it more difficult for those members of the community to access literacy programs. The funding cuts will also affect those employed in the community colleges sector. The potential closure of some colleges, whilst others are forced to cut course numbers and availability, will leave teaching and administration staff without a secure future in the sector. Community colleges and the staff they employ are important assets to our communities and should be retained, not left with an uncertain outlook because the Government is lacking in vision and continually turns a blind eye to the repercussions of such significant funding reductions.

Community colleges are an integral part of the State's education and training network. They allow people to extend their education and career prospects in a value-for-money manner. Community colleges are a cost-effective way of delivering numeracy and literacy courses, pre-vocational courses and lifelong learning generally. There are approximately 400,000 enrolments in our community colleges in New South Wales and many of those enrolments are now under threat from the Labor Government. The urgency of this issue, which will affect tens of thousands of people, is clear. These cuts are unwarranted and short sighted and they need to be reversed now. It must be noted that this $1.9 million cut has brought the total amount of State funding taken from community colleges in the past three years to $4.7 million.

This is not the first time the State Labor Government has attacked the funding levels of New South Wales community colleges. In the past three years the Government has literally cut community colleges funding in half. The State funding figure for community colleges in 2002-03 stood at $9 million. In 2004-05 State funding for community colleges was cut to $6.2 million and now State funding is down to $4.3 million. The State Government is cutting the heart out of the 63 community colleges spread across the State, two of which are in my electorate. I note that the Labor Party in its policy document on lifelong learning advocates seven principles. These principles are:
(1) Adults are capable of learning at all stages of life;

(2) The individual learner is the centre of the educational process;

(3) All adults, regardless of their backgrounds and circumstances, have the right to access a diversity of affordable, quality learning opportunities;

(4) Lifelong learning is central to the health, vitality and economic wealth of the community;

(5) Liberal education encourages students to take a considered, critical and evaluative approach to learning and knowledge;

(6) Lifelong learning is essential to the continuing development of informed citizens and the promotion of a democratic society; and

(7) Adult and community education [ACE] contributes to the development of a skilled, cultured and creative society.

I draw attention particularly to principles (4), (6) and (7). If that is Labor Party policy and there is substance to it, why has the Government halved the funding for community colleges over the past three years? The State Labor Government has turned its back on these principles, ignoring the importance of our community colleges, cutting their funding, thereby reducing their ability to provide educational opportunities for the community and support their espoused principles. In conclusion, I urgently call on the State Labor Government to restore community colleges funding to the 2002-03 level of $9 million, plus consumer price index increases, to protect and enhance the vital role community colleges play in our communities.

Ms TANYA GADIEL (Parramatta) [5.56 p.m.]: Every year on the Sunday closest to 27 November, families friends, and survivors gather with the Naval Association and ex-service organisations to remember, honour and thank those who perished on the HMAS Parramatta II in 1941. I attended that ceremony a few days ago and I wish to draw to the attention of the House the story of the final moments of HMAS Parramatta II as told at Sunday's service by Commander Brett Chandler of HMAS Kuttabul. He said:

About midnight on 26 November the three ships were about 25 miles north off the Libyan coast. It was pitch dark and raining with a heavy surging sea running. The ammunition ship was confused as to her route into Tobruk and the Commanding Officer of Parramatta closed the ship to hail her by megaphone. For some time the two ships lay close alongside one another steaming slowly at about three knots. Avon Vale was lost in the encircling blackness, a blanket which had not prevented the Commanding Officer of U559 sighting the convoy nearly two hours earlier as lit by a flash of lightning it stood silhouetted to the north east of his prowling submarine.

Biding time the German submarine manoeuvred for a favourable position. At 12 minutes past midnight at a range of 2,200 yards, the U559 fired a spread of three torpedoes at what the Commanding Officer described as a "merchant ship behind which a small vessel was visible." All three torpedoes missed.

Disappointed and puzzled by his failure the German submarine closed in. "I cannot wait", he wrote, "because the convoy is just off the Tobruk approach route." Then, at 12:45am on 27 November "I fired a single torpedo at a range of 1,500 meters using the same estimations. The target is a destroyer with one funnel. Hit! Two explosions one after the other.

The destroyer breaks up and sinks. Shortly afterwards another heavy explosion. Probably her depth charges. 1 make off towards the south east."

U559's torpedo hit Parramatta amidships. There were two almost simultaneous explosions, the second probably in the magazine. She was torn apart, all lighting failed and the Commanding Officer Lieutenant-Commander Jefferson Walker standing on the bridge had only time to issue the order "abandon ship" before she rolled rapidly to starboard and sank.

Only those on deck had a chance to escape ... They could hear shouts close by in the darkness. Suddenly as if she were reluctant to take the final plunge, Parramatta's stern broke the surface.

Mr Acting-Speaker, 138 men lost their lives that night. Only 24 men survived. Only three of those 24 men are still alive, and I had the pleasure of meeting two of them on Sunday. I met William Arthur "Bill" Wood and Ted Fryer. Unfortunately, Harold Moss from Ballina was unable to attend due to his health. Ted and Bill are wonderful men, and I am sure Harold is too. I also met another lovely man, Frank Davidson, who was a 16-year-old boy seaman on the Parramatta II. He was not on board the night she sank as he had finished up on her one week earlier. Like Ted, Bill and Harold, he lost many of his friends that night, including the legendary Tassie Hexell, a seaman who doubled as the ship's haircutter and mentor to Frank.

Perhaps rather insensitively, I asked Bill Woods, who was sitting next to me, if he still had vivid memories of the night the Parramatta was lost. He looked at me with tears in his eyes and said quietly, "Very vivid'. I watched him place a book and a wreath at the foot of the memorial and pause. Then he and Ted Fryer embraced. It was a beautiful moment. Later on I watched more people place books and wreaths . They were the children, nieces and nephews of the men who died that night. They were only tiny children when it happened but year after year they come to this special ceremony to pay their respects to the heroes of the Parramatta II. Their pride and sorrow is evident.

Although Sunday's service had to be held at the RSL club due to the rain, there is a HMAS Parramatta II memorial located at Queens Park Reserve, George Street, Parramatta. It is located right near the bow of Parramatta I. It consists of a large piece of granite with four anchors. I know that Russell Jardine, a resident of Rydalmere and the President of the Naval Association of Australia, is determined to have the memorial given heritage significance in New South Wales. I completely support that proposal and I will do all I can to ensure that it happens. I give my commitment to the people of Parramatta and to the memory of all those on board HMAS Parramatta II. I wish to thank that Naval Association of Australia, Parramatta City Council and Parramatta RSL for ensuring that we have such a fitting service every year for these men. They must never be forgotten.

Mr ANDREW CONSTANCE (Bega) [6.01 p.m.]: The Eurobodalla Family Support Service seeks funds for the Children and Carers at Court Project for 2006, as the project will cease in the middle of December 2005. The project has provided activities for 175 children while 130 parents or carers peruse information folders, discuss issues or receive referral information at Batemans Bay and Moruya courthouses. The project was originally set up as a pilot project to provide families with much-needed support during what can be an incredibly traumatic period. The Eurobodalla Family Support Service is seeking funding through either the Department of Community Services or the Attorney General's Department.

I ask the Attorney General and the Minister for Community Services to reach some agreement on the matter. The community is extremely concerned about the loss of the service, which is not only a referral service but provides information on child development issues and play experiences for children in the 0 to 5 age group. Even though it is not a child care service, it encourages greater interaction for children during a time of need. I put on record my appreciation for the work undertaken by Ms Sam May, the project facilitator, and I call on the Government to provide appropriate funding to prevent the imminent closure of the project. Workers at the Eurobodalla Family Support Service have written to me stating:

We have observed the uncomfortable reactions of children, when other court users have erupted with loud voices of abuse and aggressive behaviour. Certainly the childcare option could prove more protective. We propose that a childcare room with a glass wall that is part of the court reception would be the most optimal option if the world was one to make funds available for such expenditure.

This successful program is worthy of ongoing support and I question why the Government would undertake a pilot project if, when it is found successful, it is not continued. The Children and Carers at Court Project has been undertaken at Batemans Bay courthouse on Monday mornings since October 2004 and at Moruya courthouse on Friday mornings since April 2005. I know the Minister's proposed budget includes Narooma courthouse, so that would encompass all courthouses in the Eurobodalla shire. I ask the Minister for Community Services or the Attorney General to provide the project with the much-needed funding to ensure that it continues into 2006. Its continuation is of critical importance. In conclusion, I wish all the staff of the Parliament a happy Christmas. I thank them for their support, particularly Hansard and the Clerks. I look forward to seeing you all next year.

Mr PAUL McLEAY (Heathcote—Parliamentary Secretary) [6.06 p.m.]: I inform the House once again about Lawrence Hargrave Drive and a section of road between Coalcliff and Clifton that has been damaged. Lawrence Hargrave Drive was originally built in the 1860s and the road was known as the lower coast road until 1947, when it was renamed Lawrence Hargrave Drive. Lawrence Hargrave was an aviator, pioneer, inventor, explorer, mason and astronomer. He was the first man in Australia to fly, at nearby Stanmore Park. The first problems on Lawrence Hargrave Drive date back to 1879 when 200 tonnes of earth, stone and other material fell onto the road. The landslip area is well documented.

After a large crack appeared in the side of the road measuring over 50 metres in length—and increasing at five millimetres a day—and 35 centimetres wide, on 4 July 2003 the State Government, after spending many millions of dollars over the years restoring the road, too the unusual step of closing it for an extended time. The community was not happy. A community working group, with which I was involved, was immediately established. The group included local residents and representatives of businesses, schools, councils, the NRMA and the Roads and Traffic Authority [RTA]. The RTA agreed to conduct a peer review by geotechnical engineers of the original recommendation, which related to intermittent road closures.

Not everyone was happy with that. The Coast Road Action Coalition, headed by Dave Beswick, Noel Walker, Councillor Martin and others, thought those solutions were not good enough. At a large public meeting on 7 August certain resolutions were passed. The first resolution called on Minister Scully to open the road permanently, to make sure the process was transparent, to set up a community fund, and for the community to continue to lobby to make the road one of national importance. All those aims were achieved. The options involved bridges, a combination of short tunnels and bridges, rock shelters and slope-stabilising techniques. Indeed, the Illawarra Mercury published a photograph taken by Alan Richard Bond that included a bridge over the area, and the agreement was that such a bridge should be built.

An alliance was formed on 8 December 2003, nearly two years ago today, between Barclay Mowlem, Coffey International and Maunsells, specialist teams of road engineers, designers and geotechnical experts. The alliance worked in partnership with the Roads and Traffic Authority and was the State's first alliance agreement for a road construction project. It came up with a final solution for the design of the road. Community consultation was undertaken, and construction, which was managed locally by Dave Peacock, an excellent manager, started on 6 July. Those involved in the original community working group were Wendy Lepre, Bob Proudfoot, Ian McManus, Lynda Arrowsmith, Kim Cochran, Yvonne, Terkilsden, Chris Wilmont, Geoff Style, Alex Dunstan, Mal Bilaniwskj, John Vander, April Quinn, Leila Visser, Kevin Eppsk, Darryl Bromley, Peter and Fiona Hunt, Tim Lewis, Mark Grimson, Wayne Gosling, and David Campbell and me.

I refer particularly to the community consultative committee that was established later and met every month for the past 22 months: Linda Bunclark, John Merritt, Terry Savill, Wendy Lepre, Peter Phillips, Yvonne Terkilsden, Graham Auburg, Ellis Eyre, Michael Rizzo, Greg McCall, Don Robertson, Bridget Dougherty, Joye Nelson, Krissie Leadbitter, Kate Smith, Dave Beswick, Michael Cook, Elide Rudzat and Wayne Green. I thank them for their work and their patience. The new $49 million Lawrence Hargrave Bridge is now known as Sea Cliff Bridge, following a naming competition among local schoolchildren. Makenzie Russell, a beautiful year 6 student from St Brigid's Primary School at Gwynneville, nominated the winning name, which was chosen for its universal appeal. Makenzie will cut the ribbon on 11 December when the bridge is officially opened. She will be the first to walk across the bridge, with the Premier, the Minister for Roads, the Minister for the Illawarra, me, other local members and others involved.

The people whose names I read earlier are the backbone of the project. Students from the two local schools, who will be wearing their uniforms, will participate in the opening. I also thank the Roads and Traffic Authority for the leadership it has shown: Jay Stricker and her team comprising Alex Dunstan and Ros Muston, and everyone else involved. They did excellent work and were very patient. The community—residents and businesses alike—is looking forward to the opening of the bridge. If it were not for the expertise of the Roads and Traffic Authority, this would not have been achieved.[Time expired.]

Mr ANDREW STONER (Oxley—Leader of The Nationals) [6.11 p.m.]: Avian influenza, or bird flu, is a matter of great concern to all nations, including Australia. I can advise the House of an exciting proposal emanating from my electorate on the mid North Coast of New South Wales in relation to bird flu. It involves the use of tea tree oil—a proven, safe, effective and environmentally friendly microbial agent—to control the spread of viruses and possibly the highly pathogenic avian influenza virus HPAI. This proposal has come to me from the Australian tea tree oil industry, which uses a native Australian plant, Melaleuca alternifolia, to produce tea tree oil that is widely used as a topical antiseptic. It could also prove to be a useful tool for other infectious situations, including the control of bird flu.

Important clues for this application have come from research centred on the Department of Microbiology at the University of Western Australia. According to Professor Tom Riley, tea tree oil has been shown to be an antiviral agent, but until now only a limited range of viruses have been tested. If further tests show that tea tree oil can control the bird flu virus away from the test tube, it could become an important control agent for this worrying infection. Professor Riley has suggested that tea tree oil is likely to be of great benefit as a preventive measure on poultry farms and in airconditioning systems as it kills viruses such as HPAI without the need for harmful chemicals. The Australia Tea Tree Industry Association supports this proposal. In a letter dated 24 November this year the association stated:

Many Australian families, including farmers, farm workers and product manufacturing workers residing between Sydney and the Atherton Tablelands in far North Queensland are reliant on the antimicrobial efficacy of TTO being scientifically demonstrated and explained in order to achieve the full world wide potential of Australia TTO.

Our industry members do not have the reserves to raise the $2,000,000 (in the short to medium term) to fund this R & D to demonstrate TTO's potential as a control agent for the highly pathogenic avian influenza.

The flow on benefit to the Australian Tea Tree Industry from success of the proposed R&D will be significant. However, we believe it will be of less significance in comparison to the benefit that could flow to the Australian poultry industry, human health, the environment (assuming that TTO replaces chemicals as a decontaminating agent), Australia's export food and agricultural industries (boosting the substance of Australia's image of being a clean green country) and medicine in general because of increasing antibiotic resistance to drugs.

An approach has been made to the Federal Government by Mr Claude Cassegrain of Sancrox for funding to allow further research into the efficacy of tea tree oil against bird flu. The Hon. Melinda Pavey and I support this request, and have sought to arrange a meeting between Dr Roslyn Prinsley, General Manager, New Industries Australian Government, of the Rural Industries Research and Development Corporation [RIRDC], which is aware of the research so far; Professor Riley from the University of Western Australia; and representatives of the Federal Government.

In so doing, I ask the State Government also to support this push as this research would be invaluable to the chicken meat industry in New South Wales in the event of a pandemic and to establish this State, and indeed this nation, as a secure country for poultry, in addition to the potential for the entire mid North Coast and North Coast tea tree industry, not to mention the substantial health benefits that would flow to this State. Therefore I seek a response from the Minister for Health, the Minister for Agriculture and the Minister for Regional Development as to what assistance their departments can provide to ensure that this proposal, which has enormous potential benefit to our State and nation, gets the support it deserves.

Ms ANGELA D'AMORE (Drummoyne) [6.16 p.m.]: I draw the attention of honourable members to the concerns of Concord residents in relation to the garden and resource management centre at St Lukes Park, Concord, by Canada Bay Council. This matter came to my attention in early October this year when a number of residents brought community concerns to me about the lack of legitimate consultation by Canada Bay Council. Concord residents notified me they were concerned that Canada Bay Council was trying to build an industrial waste dump under the guise of a community garden and management resource centre at St Lukes Park, Concord, in the middle of my electorate of Drummoyne.

The recycling centre would operate between 7.00 a.m. and 3.00 p.m., accepting mainly concrete, sand and gravel, in a densely populated suburb with many local families. I note that 500 babies were born in Concord last year. Canada Bay Council invited residents to community workshops. Residents asked that I attend a community meeting on Saturday 15 October 2005 on site at St Lukes Park, Concord, as they were concerned that council would steamroll residents who do not agree with the proposal. I attended the meeting on 15 October and witnessed the most disgraceful abuse of community consultation I have ever seen by Canada Bay Council officers and councillors. It was clear that residents did not want an industrial dump located at St Lukes Park, Concord.

At the end of the hour-long presentation by council officers and the deputy mayor, Michael Megna, residents and I began to question the officers and the deputy mayor on the proposal. The council officers became hostile and patronising; it seems that they took offence at the State member representing the views of the residents at the meeting. As a State member of Parliament I have an obligation to protect and support my residents when Canada Bay Council proposes projects that are detrimental to our community.

With the indulgence of the House I shall reflect the views of one resident who was present at the meeting and who has formed a residents action group to oppose Canada Bay Council's proposal. Peter Krejci of Concord provided details of the residents' grievances, together with his comments. He noted that most residents present recalled the commitment of council in 1997-98—prior to the amalgamation—to restore St Lukes Park to open parkland in accordance with the residents' views. However, once the council amalgamated—I note that some councillors on the amalgamated council were Concord councillors—they changed their view and decided that St Lukes Park would no longer be a public parkland; instead, it would be a commercial industrial enterprise.

Unlike council's current proposal, which in the words of one resident present is "being shoved down the throats of our residents", in 1997-98 Concord Council engaged in a process of consultation with residents to ascertain their preferred use of the site, which was, and is, that it remain public land and a public park. I note that Mr Megna commented that council was not prepared to give alternative options to residents, on the basis that if council asked residents whether they wanted a park or a resource depot, residents would clearly request a park and council would have wasted its time putting the question to residents. So much for community consultation!

The overall feeling among residents and owners was that council's consultative process was completely unsatisfactory and gave residents the impression they did not have a choice in the matter. The truth is that council took over the site by neglecting it and then by dumping its rubbish there. Residents have also considered this unacceptable and have always called on council to provide a public park. I am pleased to note that following that meeting, council did amend its project, but not to the satisfaction of my local residents. On Tuesday 1 November 2005 a number of residents attended a council meeting to oppose council's proposed development of St Luke's Park. I refer to correspondence by other residents about the meeting. One my residents, Bob Tagg, wrote to the Mayor, Angelo Tsirekas, on 4 November 2005 and said:

The Community members opposed to Council's proposed development on St Luke's Park would like to register our concern at the attitude and approach taken by you and your Councillors to Community members at the Council Meeting …

We refer to the arrogance, lack of respect and dictatorial attitude displayed by some Councillors towards our speakers.

Whilst presenting the issues and concerns of the community, our speakers were treated with contempt by Councillors who reacted with vigorous and aggressive questioning to issues that they raised.


Councillors were seen to be holding separate conversations during the presentations by our speakers, not even extending the courtesy of listening to all of what the speakers were presenting.

Of the nine councillors there that evening only one had the spine to stand against the proposal. I commend Councillor Cantali. Eight councillors voted against the community. I am putting Canada Bay council on notice that the matter has now been referred to the Minister for Planning, the Hon. Frank Sartor, to ascertain the jurisdiction of the State Government to intervene to implement the community's proposal that St Luke's Park not be redeveloped but be deemed a public park. The residents want their park back. They want it to be used for the community and by our local families. They do not want a commercial venture that will give council additional money at the cost of the Concord community. I thank the residents for their activism, for pursuing this matter and ensuring that their voices are heard. I assure my local community that I will defend their rights and ensure that this matter is satisfactorily resolved.

Mr THOMAS GEORGE (Lismore) [6.21 p.m.]: I want to pay tribute to the community of Casino on its 150th anniversary, although it is now about a month after the event. I pay particular credit to Richmond Valley council. Casino is 150 years old. It is good to see Lisa Gelzinnis from Hansard in the House. She is a Casino resident and she would understand the spirit I am talking about. Being the member for Lismore, I am sad to say that come March 2007 I will no longer represent Casino, because in a boundary change it will go into the electorate of Clarence. It is a tragedy to lose the representation of one's home town but I fully appreciate the spirit of Casino. Whether it is fundraising or anything else the community is asked to do, it gives 100 per cent support.

To celebrate the 150 years, the community has published a book containing the history of Casino. Each resident or person who had an interest in Casino was able to purchase a page, which represented a year, and they could put their family story there. As the member for Lismore, I had the honour of writing a foreword for the book, as did the Premier, Morris Iemma, the Mayor of the Richmond Valley, Charlie Cox, and Ian Causley, the member for Page, the Federal seat that incorporates Casino. I chose the year 1948 because my parents migrated to Casino that year and I was able to record the history of my family. I also chose the year 1999, when I was elected to Parliament. It is a magnificent book and I know that everyone who took part in it has been appreciative of the history recorded in it. It will be a memento that will be passed on for generations.

On the long weekend the community celebrated the anniversary. There was an exhibition of historical photos, art and memorabilia. A ball was held on the Friday night. The 3801 steam train came to Casino for the weekend. A multicultural and Australian food festival was held, at which all the communities that helped build the Casino district were represented, including the Lebanese, the Italian, the Greek, the Australian and the Filipino communities—the list goes on. It was a great weekend. I never thought I would be able to walk down the streets of Casino and purchase Greek food or Lebanese food, but I could on this weekend, and it was certainly a pleasure to be able to do that.
Casino used to have a picture theatre called the El Gronda. Sadly, the El Gronda, like a lot of other picture theatres, closed. That night an open-air film evening was held on the site. People who used to work for the old El Gronda theatre came back as ushers for the night. Only the Jaffas were missing; we were unable to throw Jaffas down the hallway and make a noise. In the old days Jaffas were synonymous with picture theatres. Marlene Farrell, Barry Nicholas and John Anderson got their old usher uniforms out and were still able to fit into them.

Young Chance Cruickshank of Casino, a 14-year-old student, won the junior section of the student snapshot competition. He had a tremendous display of photos. His family is an important part of Casino. His grandmother was part of the original Casino Beef Week Committee, and it was great to see him take part in the celebrations. The Casino CMCA Motorhome Village had a camp oven dinner and cooking competition and it was greatly supported. The Casino motor home village is an important part of the Casino community. I compliment and congratulate Casino on its 150th birthday.

Mrs KARYN PALUZZANO (Penrith) [6.26 p.m.]: Every year I hold a Christmas card competition in the electorate of Penrith. I invite all primary schools—that is State, Catholic and Independent—to take part. In 2005 13 schools from the Penrith electorate took part in the competition. I divide the Christmas cards into three themes. This year the stage one theme was the family Christmas, the stage two theme was Christmas around the world, and the stage three theme was Australian Christmas. The winners were announced on 23 November at the Regatta Kitchen and Bar. For those who have not visited Penrith, the Regatta Kitchen and Bar is on the island within the Penrith Lakes. It is situated near the finishing line of the Sydney International Regatta Centre and the warm-up lake. It has a marvellous vista. We were there before sunset, and the students were able to see the magnificent Penrith Lakes and the magnificent backdrop of the Blue Mountains.

Many principals and schoolteachers attended the evening as well as the children who won the "highly commended" awards and the winners. The winner of stage one was Jessica Morcom from Penrith Christian Community School. Gabrielle Griffiths from Emu Heights Public School won stage two and the stage three winner was Rebecca Sydney from Leonay Public School. The winners were chosen by a team that included people from my office and others who agreed to assist in the judging. Every year the competition gets more and more competitive. This is the second year that Aprille Engelhardt from Emu Plains has won a "highly commended" award, so I commend her for her continuing diligent efforts.

In stage one the "Highly Commended" winners were Brendan Hughes and Jake Hausfeld from Mary McKillop, Kathryn Henderson and Niamh Casey from Emu Plains Public School, Darcy Bonett and Kimberley Davison from Lapstone Public School, Georgia Ongley from Penrith Christian Community School, Tysha Whiley and Andrew Kirkhham from Nepean Christian Community School, Hannah Bolden and Jaime Lakke-Benson from Penrith Anglican College, and Larissa Rolls from Kingswood Public School. Kingswood Public School put the entries in a school newsletter, so they were individual entries rather than school entries.

The stage 2 "Highly Commended" students were Anthony Leech and Cameron Rand from Samuel Terry Public School, Sophie Stanojevic and Jessica Smith from Mary MacKillop, Rachel Mathison and Mitchell Van Der Ham from Our Lady of the Way, Shannon Halavakas and Bethany Emerthain from Blaxland East Public School, Nikki Sircelj from Emu Heights Public School, Aprille Englehardt and Madeline Goss from Emu Plains Public School, Chloe Micallef and Breanna Perrin from Corpus Christi, Mitchell Norman and Craig Forsyth from Leonay Public School, Meagan Bartle and Grace Juhasz from Penrith Christian Community School, Emily Kirkham and Elizabeth McLeod from Nepean Christian Community School, and Pragya Mathema and Alison Hartley from St Joseph's. Two years ago Alison's brother, Michael, from St Joseph's Primary School was also highly commended.

The stage 3 "Highly Commended" students were Amy Oakley and Rebekah Mallard from Nepean Christian Community School, Todd Dippel and Alex Graham from Samuel Terry Public School, Nathan Robinson and John Katsadas from Emu Plains Public School, Darcy Burns-Dunn and Emma Patterson from Blaxland East Public School, Brad Shipley and Ashlee Forkin from Emu Heights Public School, Hannah Dobson and Megan McClellan from Lapstone Public School, and Shaun Haywood from Leonay Public School. I commend all the finalists for this year's Christmas card competition. Many others participated. I wish them well with their entries next year and commend all the teachers at the schools for encouraging the creative arts. I commend the winners and look forward to a very joyful Christmas. [Time expired.]
Mr WAYNE MERTON (Baulkham Hills) [6.31 p.m.]: As we approach the end of another school year I raise an issue of concern relating to the Government dragging its feet on the safety of our schoolchildren. The first issue relates to the lack of flashing lights in school zones. The lives of our children are being placed at risk each and every day due to the Government's inactivity on installing flashing lights in every school zone. I note from the web site of the Roads and Traffic Authority [RTA] that it receives many requests from schools and the community regarding the use of flashing lights in school zones and at school pedestrian crossings. Mention is made that a trial of flashing lights at school zones is currently under way. The Government has been conducting an assessment of flashing lights since February 2004.

It is disgraceful that successive Carr and Iemma Labor governments have sat on their hands for so long over this vital issue. It is the policy of the Liberal-National Opposition to install flashing lights in every New South Wales school zone. Whatever the cost, we will do it because we believe that a price cannot be put on the life of a child. An NRMA audit found that there has been no improvement in the number of motorists sticking to the speed limit in school zones. Many motorists say that they cannot see the speed restriction signs, and they may have a valid case. But that is not the issue. There should be flashing lights so that there can be no misunderstanding and all motorists will know that they are passing a school. The NRMA has urged the Government to look at better ways of alerting motorists to the fact that they are approaching a school zone. The installation of flashing lights will heighten driver awareness to the presence of children. The safety of our children should be a number one priority for the Government. New South Wales is lagging behind other States in the use of flashing lights to protect children in school zones.

The other issue of concern is the safety of schoolchildren in the vicinity of school set-down and pick-up zones. On 19 October I made representations to the Minister for Education and Training on behalf of the Baulkham Hills Shire Council Local Traffic Committee. This committee includes State members of Parliament, representatives of the RTA and police and local bus companies. Mayor Sonya Phillips, who chairs this committee, indicated to me that over the past 18 months she has noticed an increase in the incidents of traffic matters arising from the lack of set-down and pick-up zones around State schools within the Baulkham Hills Shire. She indicated to me that this often requires council to expend significant financial resources to reduce traffic congestion around these sites when, with sound planning at the development stage of each school, such zones could be incorporated on the school land, thus alleviating the safety issues on public road reserves.

Of particular concern to me is Jasper Road Public School. Parents and staff from the school have been working with Baulkham Hills Shire Council and the RTA for the past three years to try to improve the safety of the children. The current entrance, which the school wishes to relocate, is situated on Seven Hills Road, which is a major arterial road carrying thousands of cars each day. There is a proposal for a new school entrance that would vastly improve the safety of students entering the school. I made representations to the Minister in June and the response that I received on 10 August 2005 stated that "funding for this project will be considered in the context of future regional and statewide capital works priorities".

Approval for the funding of this project is urgently needed. Baulkham Hills Shire Council is ready and willing to do work associated with the new entrance. It is the Government that is dragging the chain. There is severe traffic congestion in the area of this school and safety has long been a concern for teachers and parents, especially taking into account the fact that children with disabilities attend this school. The construction of this new entrance into Jasper Road School would be a significant contribution to the safety of the children who attend this excellent school. These are important issues that the Government should address. Children are at risk and every day we delay a tragedy could occur in. Such tragedies could be avoided by the Government acting rather than vacillating. [Time expired.]
Mr PAUL CRITTENDEN (Wyong) [6.36 p.m.]: A wonderful book called On Flows the River has been compiled by Pam Dewsberry and Pat Irwin.. In many ways it is an oral history of the Tacoma South, Tacoma and Rocky Point communities. The project began when Pam Dewsberry was undertaking family history research on her husband's side. Pat Irwin is a longstanding member of the Wyong Historical Society and a source of contact for people undertaking any historical research on the Wyong Shire. Pat and Pam soon realised that there was a wealth of information that should be reduced to writing. The decision to compile the book occurred some eight years ago and it was my very pleasant duty last Wednesday week to launch the tome at the Alison Homestead. The Wyong Historical Society and Phillip Morley were also involved on the day.
A few weeks ago I mentioned the centenary of Tacoma school. In a fast-growing electorate one can forget that it was not so long ago that fishing families moved across from Canton Beach at Toukley and took up residence in the Tacoma area so that when the railway came through in, I think, 1887 they could take the fish by boat to Wyong railway station and send them on what was called the fish train to the fish to market in Sydney. One of the great aspects of the book that I mentioned at the launch was that Mary Spiers was engaged in the fish carting business for some 35 years and her son Gib Spiers, who was 91, was present at the launch. He took over the family business when his mother no longer operated it, getting the fish in a timely manner to Wyong station to be put on the train to Sydney and the fish market. The Tuggerah Lakes area has a proud commercial and recreational fishing tradition.

Not only have Pam and Pat devoted countless hours to this project, they also put up their own money and had 50 of these books printed. It was a very worthwhile endeavour. Thirty books were sold on the day and I understand that at the book signing at the Tuggerah Library today many more have been sold. I commend Pam and Pat, not only for the time and effort they have put into this task but also for having invested their own money in the venture. In addition, they were running around putting flyers in letterboxes. The flyers advertised the official launch last Wednesday week. Unfortunately, Pat Irwin was attacked by a dog at Rocky Point and sustained severe lacerations to her lower leg. I was very sympathetic to Pat because she was obviously trying to involve the community in the venture.

Many members of the community—the old families from Tacoma—were present, including the mother of the honourable member for Camden, who grew up in the South Tacoma area. He will probably receive a copy of On Flows the River in his Christmas stocking this year. It came to my attention, having talked to people after the event, that a ground at Tacoma, which is named after a former councillor, was constructed during the Second World War by men who did not go away to war but got together to build that community facility. It was probably a civilian activity for the war effort. In the Tacoma community it was widely referred to as "the pitch". It is important to maintain such connections with local communities. [Time expired.]

Mr MALCOLM KERR (Cronulla) [6.41 p.m.]: Tonight I want to speak about a matter that is of great importance to my electorate and to the rest of the State, that is, the proposed desalination plant and the recycling of water. The Parliamentary Secretary Assisting the Minister for Health, who is at the table, has a viable interest in this issue. He will remember that before Mr Carr was elected as Premier in 1995 he pledged that he would promote water reuse and pursue alternatives to ocean outfalls at Cronulla. The relevant media release was dated 10 January 1995, and it probably has a place in the Parliamentary Secretary's personal collection of the former Premier's press releases. The Premier and the then Minister for Planning, Craig Knowles, went to the polls again in 1999 with a promise that effluent reuse would be a major component of an upgraded sewage treatment plant. They promised that an upgraded plant would make greater use of non-potable water—that is, non-drinkable, recycled water—on parks and golf courses and in industry.

Nine years after the initial announcement, no viable commercial markets have been found for recycled water from the sewage treatment plant. This week we have been treated to the Premier and the Minister for Utilities using a lot of recycled rhetoric about the recycling of water and how they are right on the job in relation to it. They did so to create a diversion from the rising public anger about the proposed desalination plant. In fact, the Minister for Utilities was asked the question: What independent expert supports the desalination plant? He gave the name of what he said was an American expert. He is being paid by Sydney Water! It would be interesting to know how much he is being paid—and he is hardly an independent expert.

Let us have a look at the Government's performance in relation to its promises between 1995 and 2000. Little has been done. The public demanded that the Cronulla sewage treatment plant receive tertiary treatment. It is now the largest ocean plant of its kind to discharge such high-quality effluent, yet less than 2 per cent of the wastewater from the operation of the sewage treatment plant is recycled. The recycled effluent component was a major part of the upgrade of the sewage treatment plant. The Government has had 10 years to find a market for recycled water. Its failure to do so has resulted in approximately 50 million litres of disinfected water going into the ocean every day. That is water that could be used to service industry, to water parks and golf courses, and even to be reticulated on a grander scale for agricultural purposes to take some of the pressure off Sydney's water supply.

The plant represented a golden opportunity for the Labor Government to demonstrate responsible forward thinking in regard to the use of water. The public was expecting detailed and well thought out plans. What they have seen is water flowing back into the ocean with no attempt being made to use it, and an abysmal lack of commitment to the use of recycled water. The Government, having made these promises, has given us no reason to believe that there will be any improvement on that performance. I note that the honourable member for Coogee wrote a letter expressing his displeasure at the lack of consultation. All I can say to the honourable member for Coogee is that it is just as well he does not live in Kurnell, because he would have had even less consultation. It is just as well he is not the member for Miranda, who has also gone public about the failure to consult with him in relation to the desalination plant announced by the Minister. So much in the way of promises; so little in the way of performance. [Time expired.]

Mr PAUL McLEAY (Heathcote—Parliamentary Secretary) [6.46 p.m.]: The honourable member's speaking time expired and I note that he said nothing about his plans to restore Sydney's water supply. The Opposition has failed to come up with any plans. He was prescient when he spoke about the Government's water plans. We do include recycling in our plans for water. We have strong and detailed plans for securing the New South Wales water supply. Recycling, particularly for industry, is planned to increase to more than 70 billion litres in several years time. We also have the BASIX program, which means that the environmental impact, or footprint, of new buildings will be greatly reduced.

Desalination is certainly an important part of the Government's plan to secure New South Wales' water supply. We also have demand management regimes, we are tapping the excess flows from the Shoalhaven River, we are subsidising do-it-yourself home kits to reduce the water impact, and we are also subsidising rainwater tanks. We are sinking new bores and we are getting deeper extraction from our existing dams. It is all part of the Government's strong plans to secure the New South Wales water supply. We are committed to the project and we will do whatever it takes to make sure this issue is resolved.

Mr PAUL LYNCH (Liverpool) [6.48 p.m.]: The Liverpool School of Arts is one of the most significant older buildings in Liverpool. The building was constructed in 1924 as a memorial to soldiers who fought in World War I. The foundation stones were laid by Major General C. F. Fox and by the Mayor of Liverpool, Alderman L. J. Ashcroft. It is one of the few buildings dating from the inter-war period still left in Liverpool. It is, for that reason, a significant element of the built heritage in our city. A letter from the Liverpool Art Society said in part about this building:

The School of Arts in Liverpool was first established through the commitment and fundraising efforts of local residents in 1901. Likewise the building itself, including a later major extension, was again financed largely through the fundraising efforts of the School of Arts Committee, the local Soldiers Club, the Merrymakers Club and public subscription.

It was a highly functional, multipurpose building erected for public use and education, and housing the local library until the 1960s. The building was also established as a memorial for those who served in World War I. The Soldiers Memorial School of Arts was not built as a disposable asset for council to sell off indiscriminately to developers. Rather, it was established by the working class for the working class.

The letter also says:

Enough damage has been done to our local heritage due to Liverpool City Council's incompetence and its lacklustre town planning. Many of Liverpool's original buildings have been demolished or altered beyond recognition often to be replaced by the cheap and the ugly. The Soldiers Memorial School of Arts building is one of only a very few prominent buildings in the CBD and the wider area, that still retains its original character and gives a sense of the history of Liverpool.

Apart from its heritage significance, the building is also a valuable community resource. Currently it is used by a number of non-profit community organisations. These include community radio station 2GLF, which is run by volunteers, and a teaching art group that would have considerable difficulties conducting its classes at any other location. As a valuable community resource and a significant heritage structure, this is a building that excites both passion and interest in Liverpool. In the early 1980s there was concern on the part of some that commercial interests were playing too great a role in the use of the building. This led to a community campaign, which included myself and other Labor party branch members and representatives, to alter the management of the building. The end result of this was that the control of the building was handed over to Liverpool council in 1985. The relevant motion was moved at a council meeting by then Alderman Peter Fraser. The building has been exclusively used by non-profit community groups for the last 20 years.

Some time ago rumours started circulating that the council might seek to flog the site off to developers. This was sometimes associated with stories that Augusta Cullen Park, adjacent to the building, would also be sold. The building was often also spoken of in the context of the redevelopment of the nearby Coles site. That site has appeared in the media at times in a context subsequently associated with an Independent Commission Against Corruption inquiry. At other times it has been mentioned as being sold in the context of the Westpac site, which is adjacent to it. Frankly, council was somewhat less than clear in some of its pronouncements about the site. At a CBD neighbourhood forum meeting held on 13 September senior council officers indicated that the sale of part of the property would proceed, and that the building would not be sold and would be protected if sale of the accompanying land went ahead. I must say there was a groundswell of public scepticism in response to that. I wrote to the Minister for Local Government and received a reply from Minister Hickey dated 27 September, which read in part:

I am advised that in 1985 the School of Arts was transferred into the ownership of Liverpool City Council. The council has advised that the transfer was free from all trusts. The Department of Lands has confirmed council's advice. The Local Government Act 1993 (section 26) requires that all public land owned by council must be classified as either "community land" or "operational land". The School of Arts is classified as operational land. Ordinarily this would mean that there were no restrictions upon the council's use or sale of the School of Arts. It seems that when the council resolved to accept the offer of the trustees for the transfer of the School of Arts, there was an understanding in writing that the land here would remain a council asset to be used in a manner "appropriate for the community's benefit". The council has indicated that it is seeking legal advice on the proposed sale of the School of Arts. In keeping with the spirit of the original transfer, I understand that the council intends that any money received from the sale of the School of Arts will be re-directed into the Casula Powerhouse arts complex.

That caused an absolute outrage within the Liverpool community. Certainly it indicated more clearly the intentions of council than the council had until then revealed. As well as the public furore, there was an indication from the Construction and General Division of the Construction, Forestry, Mining and Energy Union that it would contemplate putting a green ban on construction of that building. Particularly relevant in that respect was Brian Parker, an assistant secretary of the union who is a Liverpool resident.

A council agenda item eventually said that the parking area behind the School of Arts would be sold and the building itself would be left untouched. Some of us are profoundly sceptical about that and will, therefore, monitor the situation closely. It also indicated that the proceeds of the sale would go towards maintaining the building, rather than to the Casula Powerhouse, which already receives a vast amount of money from public funds. The Liverpool community is profoundly sceptical about this, and will monitor the situation closely to make sure that the School of Arts is not destroyed. [Time expired.]

Mr ANDREW TINK (Epping) [6.53 p.m.]: Once again I raise concerns about the construction of a new pedestrian overbridge across Beecroft Road at Epping. I first raised the issue a few months ago, and since that time I have received further advice from both the Minister for Roads and the Minister for Transport. As a result of the construction of the Epping to Chatswood rail link, a major redevelopment of Epping railway station is now taking place, which will put the Epping station building some distance north of the present location. The redevelopment work is now well advanced. There has been a pedestrian overbridge across Beecroft Road for many years. When the proposal was put forward to cut the rail link in half, ending it at Epping rather than at Parramatta, the then Minister for Planning, Craig Knowles, made it a condition that the company building the rail link would ensure that the pedestrian overbridge was relocated so people would not have to walk a considerable distance along a dogleg linking the old overbridge with the new railway station.

Regrettably, there has been a dispute within the Government between the Minister for Roads and the Minister for Transport about this, and that dispute has reached an impasse. I now call on the Minister for Transport to ensure that the overbridge is relocated. The then Minister for Transport, Minister Costa, who cancelled the project between Epping and Parramatta in the first place, was quite intransigent on the relocation of the overbridge, and I regret to say that that intransigence continues. On 17 November the office of the Minister for Roads wrote to me to advise that the existing pedestrian overbridge is well maintained and serviceable, and is capable of continuing to provide a safe and serviceable facility for many years. The Minister's office also advised that the bridge provides ramps for disabled patrons to the standard specified at the time of the construction of the bridge, which was about 1970.

It is quite clear to me from the letter that the Ministry for Roads and the Roads and Traffic Authority have no intention whatsoever of relocating the overbridge and are quite happy to remain in open defiance of the direction of the former Minister for Planning—and, indeed, condition of approval—that this be done. However, the Minister for Transport, who knows the area well because many of his constituents use Epping railway station as it is close to the electorate of Ryde, takes a slightly different view. Minister Watkins has said that the Government remains committed to the delivery of the new footbridge as part of the Epping to Chatswood rail link project. The Minister's intention is welcome, but his statement is plainly wrong. The Government comprises more than one person. Indeed, it comprises at least the Cabinet, and it is obvious that Minister for Roads will not be party to the relocation of the footbridge.

So it falls to the Minister for Transport and Deputy Premier, John Watkins, to ensure that the overbridge is relocated in line with the original condition of variation agreed to by the former Minister for Planning. The Minister for Transport must accept that the Minister for Roads will simply sit on his hands and do nothing about the issue because he is quite happy with the current situation. The Minister for Transport must also accept, as he has put to me, that there is no acceptable private sector involvement in relation to the relocation of the bridge. It therefore falls to the Minister for Transport and his department to do what the Minister acknowledges must be done, that is, ensure that the footbridge is relocated.

Now that the redevelopment work at the railway station is well advanced and the opportunity to relocate the footbridge in the station precinct is diminishing quickly, the Minister must make an announcement that he will relocate the overbridge. The Minister must indicate a timetable for the project and he must commit funding to it. Indeed, the cost of the relocation will be relatively small compared with the overall cost of the rail link and the upgraded station. We have been around the world 20 times on this issue. The private sector is not doing anything acceptable, and the Minister for Roads continues to defy the recommendations of the former Minister for Planning. It is now up to the Minister for Transport to make a public commitment to relocate the overbridge. [Time expired.]

Private members' statements noted.

Message received from the Legislative Council returning the bills without amendment.

[Mr Acting-Speaker (Mr John Mills) left the chair at 6.58 p.m.]
[Continuation of sitting of Thursday 1 December 2005.]

[The House resumed at 10.00 a.m.]

Bill returned from the Legislative Council with amendments.

Consideration of the Legislative Council's amendments.

No. 1 Page 3, Schedule 1 [1], line 13. Omit "remaining". Insert instead "that is not committed".

No. 2 Pages 9 and 10, Schedule 1 [16], line 12 on page 9 to line 32 on page 10. Omit all words on those lines.

Legislative Council's amendments agreed to on motion by Mr Kerry Hickey.

Resolution reported from Committee and report adopted.

Message sent to the Legislative Council advising it of the resolution.

Motion, by leave, by Mr Kerry Hickey agreed to:

That the following papers be printed:

Report of the Youth Advisory Council for 2004.
Report of the New South Wales Bar Association for the year ended 30 June 2005.
Report of the Parole Board for 2004.
Report of the Professional Standards Council for the year ended 30 June 2005.
Report of the New South Wales Treasury Corporation for the year ended 30 June 2005.
Report of the Chairperson of the Victims Compensation Tribunal for the year ended 30 June 2005.
Report of the New South Wales Nursery Industry Services Committee for the year ended 30 June 2005.
Report of the Animal Research Review Panel for the year ended 30 June 2004.
Report of Riverina Citrus for the year ended 30 April 2005.

Report by the Attorney General of New South Wales pursuant to section 23 of the Listening Devices Act 1984 for the year ended 31 December 2004.

Report of Health Foundation for the year ended 30 June 2004.
Report of the Rural Lands Protection Boards for 2004.
Report of the Dams Safety Committee for the year ended 30 June 2005.
Report of the Sydney Metropolitan Catchment Management Authority for the year ended 30 June 2005.
Report of the Dumaresq-Barwon Border Rivers Commission for the year ended 30 June 2005.
Report of the Hawkesbury-Nepean Catchment Management Authority for the year ended 30 June 2005.
Report of the Hunter-Central Rivers Catchment Management Authority for the year ended 30 June 2005.
Report of the Mine Subsidence Board for the year ended 30 June 2005.

Report to Parliament by the Minister for Natural Resources under the Forestry Restructuring and Nature Conservation Act 1995 on Forest Industry Restructuring Expenditure for the 6 months from 1 January 2005 to 30 June 2005, dated September 2005.

Report of the Cancer Institute (NSW) for the year ended 30 June 2005.

Report by the NSW Ombudsman entitled "Review of the Police Powers (Internally Concealed Drugs) Act 2001", dated July 2005.

Report of the Administrative Decisions Tribunal for the year ended 30 June 2005.
Report of the Anti-Discrimination Board for the year ended 30 June 2005.
Report of the Art Gallery of New South Wales for the year ended 30 June 2005.
Report of the Attorney General’s Department for the year ended 30 June 2005.
Report of the Australian Museum for the year ended 30 June 2005.
Report of the Historic Houses Trust for the year ended 30 June 2005.
Report of the Judicial Commission for the year ended 30 June 2005.
Report of the Legal Aid Commission for the year ended 30 June 2005.
Report of the Library Council of New South Wales for the year ended 30 June 2005.
Report of the Ministry for the Arts for the year ended 30 June 2005.
Report of the Museum of Applied Arts and Sciences for the year ended 30 June 2005.
Report of the New South Wales Film and Television Office for the year ended 30 June 2005.
Report of the Office of the Director of Public Prosecutions for the year ended 30 June 2005.
Report of the Office of Protective Commissioner for the year ended 30 June 2005.
Report of Privacy NSW for the year ended 30 June 2005.
Report of the Public Trustee for the year ended 30 June 2005.
Report of the State Records Authority for the year ended 30 June 2005.
Report of the Sydney Opera House Trust for the year ended 30 June 2005.
Report of the Rental Bond Board for the year ended 30 June 2005.
Report of the New South Wales Food Authority for the year ended 30 June 2005.
Report of the Lower Murray Darling Catchment Management Authority for the year ended 30 June 2005.
Report of the Northern Rivers Catchment Management Authority for the year ended 30 June 2005.

Report of the Border Rivers—Gwydir, Lachlan, Southern Rivers and Western Catchment Management Authorities for the year ended 30 June 2005.

Report of the Department of Community Services for the year ended 30 June 2005.
Report of NSWBusinesslink and NSW Businesslink Pty Ltd for the year ended 30 June 2005.
Report of the Central West Catchment Management Authority for the year ended 30 June 2005.
Report of the Rice Marketing Board for the year ended 30 June 2005.
Report of the Casino Control Authority for the year ended 30 June 2005.
Report of Racing New South Wales for the year ended 30 June 2005.
Report of Greyhound Racing New South Wales for the year ended 30 June 2005.
Report of the Greyhound and Harness Racing Regulatory Authority for the year ended 30 June 2005.
Report of Harness Racing New South Wales for the year ended 30 June 2005.
Report of the Department of Local Government for the year ended 30 June 2005.
Report of the Local Government Grants Commission for the year ended 30 June 2005.
Report of The Cabinet Office for the year ended 30 June 2005.
Report of the Community Relations Commission for the year ended 30 June 2005.
Report of the Election Funding Authority for the year ended 30 June 2005.
Report of the Natural Resources Commission for the year ended 30 June 2005.
Report of the New South Wales Crimes Commission for the year ended 30 June 2005.

Report by the NSW Ombudsman entitled "Vehicle Powers, Report under s. 16 of the Police Powers (Vehicles) Act", dated September 2003.
Report by the NSW Ombudsman entitled "Review of the Child Protection Register, Report under s 25(1) of the Child Protection (Offenders Registration) Act 2000", dated May 2005.

Report of the Parliamentary Counsel's Office for the year ended 30 June 2005.
Report of the State Electoral Office for the year ended 30 June 2005.

Report of the Building and Construction Industry Long Service Payments Corporation for the year ended 30 June 2005.

Report of the Motor Accidents Authority for the year ended 30 June 2005.
Report of the Botanic Gardens Trust for the year ended 30 June 2005.
Report of the Community Justice Centres for the year ended 30 June 2005.
Report of the Environmental Trust for the year ended 30 June 2005.
Report of the Jenolan Caves Reserve Trust for the year ended 30 June 2005.
Report of the Law and Justice Foundation for the year ended 30 June 2005.
Report of the Lord Howe Island Board for the year ended 30 June 2005.

Report of Waste Recycling and Processing Corporation (trading as WSN Environmental Solutions) for the year ended 30 June 2005.

Report of the Zoological Parks Board for the year ended 30 June 2005.
Report of the Board of Vocational Education and Training for the year ended 30 June 2005.
Report of the Institute of Teachers for the year ended 30 June 2005.
Report of the Vocational Education and Training Accreditation Board for the year ended 30 June 2005.
Report of the Chiropractors Registration Board for the year ended 30 June 2005.
Report of the Dental Technicians Registration Board for the year ended 30 June 2005.
Report of the Nurses and Midwives Board (formerly Nurses Registration Board) for the year ended 30 June 2005.
Report of the Optical Dispensers Licensing Board for the year ended 30 June 2005.
Report of the Optometrists Registration Board for the year ended 30 June 2005.
Report of the Osteopaths Registration Board for the year ended 30 June 2005.
Report of the Physiotherapists Registration Board for the year ended 30 June 2005.
Report of the Podiatrists Registration Board for the year ended 30 June 2005.
Report of the Psychologists Registration Board for the year ended 30 June 2005.

Report of Australian Inland Energy Water Infrastructure (trading as Australian Inland) for the year ended 30 June 2005.

Report of the Commissioners of Inquiry for Environment and Planning for the year ended 30 June 2005.
Report of the Cooks Cove Development Corporation for the year ended 30 June 2005.
Report of the Department of Infrastructure, Planning and Natural Resources for the year ended 30 June 2005.
Report of Country Energy for the year ended 30 June 2005.
Report of Delta Electricity for the year ended 30 June 2005.
Report of Eraring Energy for the year ended 30 June 2005.
Report of the Heritage Council and Heritage Office for the year ended 30 June 2005.
Report of the Honeysuckle Development Corporation for the year ended 30 June 2005.
Report of the Hunter Water Corporation for the year ended 30 June 2005, Volume 1 and 2.
Report of Integral Energy for the year ended 30 June 2005.
Report of Landcom for the year ended 30 June 2005.
Report of Macquarie Generation for the year ended 30 June 2005.
Report of the Ministry for Science and Medical Research for the year ended 30 June 2005.
Report of Sydney Ferries Corporation for the year ended 30 June 2005.
Report of the Sydney Harbour Foreshore Authority for the year ended 30 June 2005.
Report of the Sydney Water Corporation for the year ended 30 June 2005.
Report of the Treasury—Crown Entity for the year ended 30 June 2005.
Report of the Treasury—Office of Financial Management for the year ended 30 June 2005.
Report of the Treasury—Office of State Revenue for the year ended 30 June 2005.
Report of the Department of Gaming and Racing for the year ended 30 June 2005.
Report of the Liquor Administration Board for the year ended 30 June 2005.
Report of the Coal Compensation Board for the year ended 30 June 2005.
Report of the Murrumbidgee Catchment Management Authority for the year ended 30 June 2005.
Report of the Namoi Catchment Management Authority for the year ended 30 June 2005.
Report of the Department of Housing for the year ended 30 June 2005.

Report of the Department of Aboriginal Affairs and Office of the Registrar, Aboriginal Land Rights Act 1983, for the year ended 30 June 2005.

Report of the Department of Ageing, Disability and Home Care for the year ended 30 June 2005.
Report of the FSS Trustee Corporation for the year ended 30 June 2005.

Report of the SAS Trustee Corporation for the year ended 30 June 2005 (containing the separate reports of controlled entities of the Pooled Fund for the year ended 30 June 2005: Valley Commerce Pty Ltd; Buroba Pty Ltd; State Super Financial Services Australia Ltd (SSFS)).

Report of NSW Police for the year ended 30 June 2005.
Report of the Department of Energy, Utilities and Sustainability for the year ended 30 June 2005.
Report of the Premier's Department for the year ended 30 June 2005.

Report by the NSW Ombudsman entitled "On the Spot Justice? The Trial of Criminal Infringement Notices by NSW Police, Review of the Crimes Legislation Amendment (Penalty Notice Offences) Act 2002”, dated April 2005.

Report of the Department of Lands for the year ended 30 June 2005.
Report of the Department of Corrective Services for the year ended 30 June 2005.
Report of the Department of Juvenile Justice for the year ended 30 June 2005.
Report of New South Wales Fire Brigades for the year ended 30 June 2005.
Report of the State Emergency Service for the year ended 30 June 2005.
Report of the New South Wales Rural Fire Service for the year ended 30 June 2005.
Report of the Department of Health for the year ended 30 June 2005.
Report of the Australian Technology Park for the year ended 30 June 2005.
Report of the Redfern-Waterloo Authority for the year ended 30 June 2005.
Report of the Casino Community Benefit Fund Trustees for the year ended 30 June 2005.
Report of the Newcastle Port Corporation for the year ended 30 June 2005.
Report of the Port Kembla Port Corporation for the year ended 30 June 2005, Volumes 1 and 2.
Report of the Roads and Traffic Authority for the year ended 30 June 2005.
Report of Sydney Ports Corporation for the year ended 30 June 2005.
Report of the Waterways Authority (trading as New South Wales Maritime) for the year ended 30 June 2005.
Report of Forests New South Wales for the year ended 30 June 2005.
Report of the New South Wales Aboriginal Housing Office for the year ended 30 June 2005.
Report of the Internal Audit Bureau of New South Wales for the year ended 30 June 2005.
Report of the Independent Pricing and Regulatory Tribunal for the year ended 30 June 2005.
Report of the Centennial Park and Moore Park Trust for the year ended 30 June 2005.

Motion by Mr Kerry Hickey agreed to:

That the House at its rising this day do adjourn until Tuesday 28 February 2006 at 2.15 p.m.