The Speaker (The Hon. George Richard Torbay) took the chair at 10.00 a.m.

The Speaker read the Prayer and acknowledgement of country.

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

General Business Notices of Motions (General Notices) given.

Bill introduced on motion by Ms Lylea McMahon, on behalf of Ms Linda Burney.

Ms LYLEA McMAHON (Shellharbour—Parliamentary Secretary) [10.08 a.m.]: I move:

That this bill be now agreed to in principle.

The Coal Mine Health and Safety Amendment Bill 2010 makes a number of necessary amendments to the Coal Mine Health and Safety Act 2002. These amendments will clarify the intent of the Act and provide certainty for investigators and for industry. The first major amendment clarifies the jurisdiction of the Act. In doing so, it makes sure that the Act covers all coalmining-related activities. The second major amendment also relates to the jurisdiction and application of the Act. This amendment will enable the Minister to make, in particular circumstances, a binding determination on whether the Act applies. Such a determination will be conclusive for the purposes of deciding a jurisdictional question.

Before considering these amendments in detail, it will be helpful to briefly explain the legislative framework within which they will operate. The Coal Mine Health and Safety Act 2002 aims to secure the health, safety and welfare of those working in the New South Wales coalmining industry. The Act supports the Occupational Health and Safety Act 2000 by addressing risks specific to coalmining. One of the intents of the Coal Mine Health and Safety Act is to define the jurisdictional boundaries of the Occupational Health and Safety Act 2000, and therefore the division of responsibilities between WorkCover and Industry and Investment NSW. Industry and Investment NSW has jurisdiction for administering the Occupational Health and Safety Act at workplaces covered by the Coal Mine Health and Safety Act and the Mine Health and Safety Act 2004. WorkCover has jurisdiction for all other workplaces.

A statutory review of the Coal Mine Health and Safety Act was undertaken in 2009. The review identified the need to clarify the places of work to which the Coal Mine Health and Safety Act applies. In particular, the review identified difficulties with using colliery holding boundaries to identify the jurisdiction boundary for most mining activities. Using colliery holding boundaries for this purpose resulted in some coalmining activities at some mines not being covered by the Coal Mine Health and Safety Act. It was also unclear whether some mining-related activities outside colliery holdings were covered by the Coal Mine Health and Safety Act. This has created jurisdictional uncertainty related to the administration of the Occupational Health and Safety Act at these sites.

In turn, the potential was created for uncertainty in the lawfulness of regulatory action under the Occupational Health and Safety Act. This could mean that those responsible for workplace incidents and accidents might avoid prosecution or other regulatory action under the Occupational Health and Safety Act. It is not in the interests of justice or safety to allow breaches of the Occupational Health and Safety Act to go unpunished because of technicalities over jurisdictional boundaries.

New South Wales has achieved outstanding improvements in coalmining safety over the past decade. The successful prosecution of significant breaches of the safety legislation has helped to achieve these improvements. It is of critical importance that these efforts are not undermined in the future by technicalities unrelated to the legislated duties of employers and employees. The amendments before the House will ensure that whenever a breach of duty of care has occurred, whoever is responsible can be held accountable. The amendments will achieve this in the following ways. First, the bill removes the geographical concept of a colliery holding as the basis for the application of the Act. At present there is no requirement for all coalmining- related activities to be within a colliery holding. Because of this, there are activities subject to the Coal Mine Health and Safety Act at some coalmining operations, but not at others. Different regulatory requirements and different regulators for the same activities at different mines have therefore resulted.

To overcome this problem, the proposed amendments will base the application of the Coal Mine Health and Safety Act on the activities intended to be covered by it. This will ensure that similar activities are regulated consistently across the State. The amendment will clarify the application of the Act. It will therefore clarify the jurisdictional boundary between WorkCover NSW and Industry and Investment NSW. It will overcome the situation of having different regulators and different rules applying to the same activities at different locations.

The second amendment seeks to overcome a further potential difficulty. Although it would be uncommon, it is possible that even the activity-based test might result in uncertainty about whether the Act applies to a particular workplace. The coalmining industry needs to understand where the Coal Mine Health and Safety Act applies. The proposed amendment therefore gives the Minister the power to make a binding determination on the application of the Act where it would not otherwise be clear. The determination will provide a simple mechanism for removing any doubts regarding jurisdiction. This will provide certainty for the regulators, and a clear way to resolve uncertainties. It will ensure that any enforcement action is not subject to legal uncertainty because of a jurisdictional question. WorkCover and Industry and Investment NSW will consult to ensure that decisions on jurisdictional boundary are applied consistently.

There is a further matter to be considered in relation to these amendments. We know that the amendments already outlined will make sure that jurisdiction under the Coal Mine Health and Safety Act is clear for the future. However, we must also make sure that the amendments apply to current investigations and prosecutions. It is in the interests of justice that any potential breaches of the Occupational Health and Safety Act that occurred prior to these amendments can be investigated and, if necessary, prosecuted. The bill addresses this issue by including a number of important savings and transitional provisions. These provisions will apply to investigation and enforcement actions under both the Occupational Health and Safety Act and the Coal Mine Health and Safety Act. Certain actions must be undertaken before these amendments will be deemed valid. They will be deemed valid if they could have been undertaken lawfully had the amendments been in force at the time the action was taken. These important provisions apply to matters such as the collection of evidence, the issuing of safety notices, and the initiating of prosecutions.

The bill validates the actions of inspectors exercising important safety regulatory functions in relation to coalmining workplaces in New South Wales. Importantly, these amendments will put beyond doubt the validity of any previous investigations, or pending prosecutions for offences or suspected offences, under the Occupational Health and Safety Act. They will remove the basis for a technical challenge by a defendant that an investigation or prosecution is invalid because of jurisdictional uncertainty. This ensures that a defendant does not escape liability for a breach of duty on a jurisdictional technicality.

These amendments will not create any new obligations for anyone under the Occupational Health and Safety Act. This is because the amendments are concerned only with clarifying whether Industry and Investment NSW or WorkCover investigate and prosecute alleged breaches in coalmining workplaces. The amendments will have no effect on cases that have already been decided. It also needs to be said that the amendments will not alter the investigation powers of Industry and Investment NSW or WorkCover NSW. However, the amendments may result in some coalmining activities being the subject of the Coal Mine Health and Safety Act where previously they were not.

The bill proposes other amendments to the Coal Mine Health and Safety Act and to the Mining Act 1992. The first of these is based on a finding of the Coal Mine Health and Safety Act review. The review identified that some of the requirements to notify incidents and occurrences did not apply to all places of work under the Act. It is proposed to amend the Act to ensure that its regulatory functions can be exercised at all the places of work it covers. The amendments will also ensure that the chief inspector and industry check inspectors are informed of all notifiable incidents.

The review of the Coal Mine Health and Safety Act also recognised that grouping leases for non-coalmining related activities would have administrative advantages for Government, industry and the community. The bill therefore amends the Mining Act to replace the existing colliery holding register with a single register of coal and other mines. The register will be publicly available and will provide a ready means of quickly identifying what mining titles make up a particular mining operation.

Members of this House will be aware that this Government has already done much to improve the safety performance of the State's mining industry. Since 1999 the incidence of fatalities and serious injuries in mining has fallen significantly. Education and advice are playing an increasing role in improving mine safety. However, investigation and enforcement still remain an important function of the regulation of coal workplace occupational health and safety. Investigation and enforcement ensure that standards are established and maintained. During the past 10 years, investigation work has led to more than 50 convictions for serious breaches of mine safety across the New South Wales mining industry. These convictions have let the mining industry know that New South Wales is determined to have a safe industry.

The coalmining industry has achieved a dramatic improvement in safety outcomes, but there is still much work to be done. Sadly, three workplace fatalities were recorded in the coalmining industry during the past 12 months. The proposed amendments will make sure that those responsible for deaths or injuries in coal workplaces face the consequences of not complying with the legislation. Without these amendments, a potential injustice to the families of those who are injured or killed could occur. The amendments will provide for the clear and effective jurisdiction of the Coal Mine Health and Safety Act 2002, now and into the future. I commend the bill to the House.

Debate adjourned on motion by Mr Russell Turner and set down as an order of the day for a future day.

Debate resumed from 24 February 2010.

Mr MIKE BAIRD (Manly) [10.19 a.m.]: I lead for the Opposition in debate on the Workers Compensation Amendment (Commission Members) Bill 2010. While the Opposition recognises that changes need to be made to the way in which workers compensation is managed in this State, concern has been expressed from one end of the State to the other about workers compensation, its impost on businesses in this State, and how unpredictable and unreliable it is due to ongoing costs. Opposition members are concerned about the changes proposed in this bill primarily because of their uncertain cost implications. It is not clear who will pay for the costs that undoubtedly will occur as a result of the Minister being given the green light to appoint additional deputy presidents and full-time arbitrators to the Workers Compensation Commission.

Importantly, the Minister must provide an assurance—a fundamental assurance—as a prerequisite to any change, that there will not be an increase in the cost of workers compensation premiums as a result of these proposed amendments. When the Minister in the upper House was asked to address these issues he said that he would seek an answer from the responsible Minister. Opposition members have not yet received an answer. Ultimately, we want the Minister to answer the questions that have been asked and that remain unresolved. What is the total cost of this scheme? That is a pretty simple question to answer. Will the Minister give us an assurance that there will be no increase in premiums as a result of the proposed amendments? The Opposition reserves its right in the upper House to oppose the bill if that assurance is not given.

The Hon. Greg Pearce, the shadow Minister in the upper House, who will lead in debate for the Opposition in that place, will await resolution of those two critical issues. I strongly believe it is time for someone to stand up for businesses in this State. If the amendments seek to improve the administration of workers compensation, businesses need an assurance that it will not impact on their premiums. The Workers Compensation Commission was established in 2002 to resolve disputes between injured workers and employers over claims for workers compensation. I believe that the commission deals with around 13,000 matters each year, which is a significant number.

In 2008 a review was instigated into the commission's structure and, at the same time, a survey was conducted to evaluate the effectiveness of the commission. This bill is a direct response to the findings of that organisational review. Today I could refer to countless examples but I will refer to only one. At the moment the system is not working for individuals with claims. Pat Theoret from Port Macquarie has more than 60 members in a support group who have been facing lengthy and stressful compensation battles. Last October she wrote to me and said:

It is to be remembered that all of the people, I have spoken to, are terribly damaged. The initial physical injury may have been healed but, they are very distrusting of ever receiving adequate help, because of the way they have been mistreated by insurers, employers, specialists, workcover and sometimes unions. They hope, but don't believe, the system will change as it has been allowed to operate with such disregard of the Act, for a long time.

I state in response to her concerns that we understand that problems are besetting victims attempting to lodge workers compensation claims. We must make the system more efficient to reduce that stress and to ensure that victims are given the help and support they need. While Opposition members are open to structural changes to increase the effectiveness of the commission and its fairness in dealing with disputes, they remain unconvinced that giving the Minister free rein to appoint senior staff is necessarily the way to achieve that. The appointment of these full-time positions might be more efficient and might help to break down some of the backlogs and delays, but two fundamental concerns remain. First, the cost of workers compensation to businesses across this State remains too high. Second, victims, such as those to whom I referred in Port Macquarie, are suffering in their attempts to lodge workers compensation claims as it is taking too long and it is causing a great deal of stress.

We have the worst of both worlds: uncompetitive premiums and outcomes for people who are struggling to lodge claims and who are not getting the attention they deserve. The objects of this bill are, first, to enable more than two deputy presidents to the Workers Compensation Commission at any one time; and, second, to enable the appointment by the Minister of senior arbitrators to the commission. Currently, the legislation provides for the president of the commission to appoint a limit of only two deputy presidents on a sessional basis. However, schedule 1 substitutes section 368 of the Workplace Injury Management and Workers Compensation Act 1998 to remove that restriction on only two deputy presidents and to give the Minister the authority to appoint an unlimited number of deputy presidents and senior arbitrators on salary for a five-year term. These amendments, which contain inherent risks, give the Minister cart blanche to appoint his or her mates to some of those positions.

The Government must apply a merit-based system. I ask the Minister whether it is the Government's intention to apply merit in some of these appointments. The Leader of the Opposition, Barry O'Farrell, articulated the need for a public service commissioner. This is a role that he or she could fill to ensure that merit is applied when making appointments. I will not go through all those examples where merit was not applied in particular appointments. However, the community deserves to have people appointed to the public service payroll on merit, and merit alone. The Minister, in his agreement in principle speech, initially told us that there would be one-off capital costs. I ask the Minister to elaborate on that statement, as salaries are not capital costs; they are recurrent costs. Will a new Taj Mahal office be created? I am interested in the meaning of the term "one-off capital costs".

The Opposition is concerned to ensure that the Minister gives us an assurance that premiums will not be impacted. I ask the Minister also to explain the meaning of "one-off capital costs". An open-ended increase to the number of deputies and new senior appointments undoubtedly will increase costs in the arbitration process. How will that be funded? We are happy to support such a change on the basis that the Government gives us an assurance that there will be no increase in premiums. According to a report of the Institute of Public Affairs entitled "Bearing the Burden 2008", New South Wales already has the highest WorkCover premiums. That is another reason why businesses are moving interstate and jobs are being lost in New South Wales. I cannot emphasise enough the Opposition's concerns: first, the burden on business; and, second, the burden on victims and those who have suffered serious injuries who seek workers compensation.

Despite the Minister's statement that the amendments outlined in this bill will make the commission's operation more cost-effective, how will that work? On the last occasion that the State Labor Government made changes to workers compensation, former Minister Joe Tripodi issued a media release dated 7 April 2009 entitled "Workers compensation premiums will not increase." At least he understood it would have an impact on businesses across this State. Despite those press releases, after June 2009 a number of businesses had much higher workers compensation bills. It is interesting to note that that occurred at the height of the global financial crisis. I seek a detailed response from the Minister when he replies to debate on this bill. Will he assure us that workers compensation premiums will not increase and that those costs will not be passed on to businesses?

ACTING-SPEAKER (Mr Thomas George): Order! The Minister for Ports and Waterways will have an opportunity to contribute to the debate. I ask him to direct his comments through the Chair.

Mr MIKE BAIRD: Last July business owner Gerard Kelly wrote to me and said:

The current change—although Joe Tripodi stated no increase—will have a crippling effect on businesses, if not either to force them to close or alternatively decrease number of employees, due to the increased levels of premiums payable. The majority of employees will not be aware of the increase until they receive the premium notice from the insurer. When operating a business in NSW the 2nd most expensive cost is that of Workers Compensation Premiums. IF SOME ONE could explain how a business in NSW can be expected to accept such changes and continue to operate it would be appreciated.

That is the sentiment of business owners at the coalface, and I hope the Minister understands that. Gerard Kelly and other business owners are looking for leadership in a response from the Minister to make workers compensation costs in New South Wales competitive with what is available in other States, so our businesses are not disadvantaged, but also an assurance from the Minister that victims will be given priority in the processing of their claims to enable them to receive required care. The Opposition is pleased that in his agreement in principle speech the Minister acknowledged the need for the Government to reduce reliance on contractors and temporary staff. The Government has shown a general lack of fiscal discipline. The Government's expenditure of a minimum of $470 million-odd on temporary staff is a clear indication that it has lost focus on fiscal discipline. The Auditor-General has identified that fact time and time again. In this context the Minister appears to have acknowledged it and is attempting to get that problem in his portfolio under control. The Opposition sees that as a step in the right direction.

The structure of the Workers Compensation Commission seems to be similar to that of the Consumer, Trader and Tenancy Tribunal. There are so many stories abounding about the Consumer, Trader and Tenancy Tribunal that several horror movies could be made from them. The Opposition holds concerns about how the tribunal operates, given the experiences that consumers have had with it. The Opposition is hopeful that the Consumer, Trader and Tenancy Tribunal will not to be held up as a model of good public governance. The Government has failed to outline the cost implications of the legislation and has not given assurances that premiums will not rise. The Opposition seeks a response from the Minister on both of those issues, and reserves its position with the shadow Minister in the upper House. If the proposed amendments to workers compensation cause an increase in premiums, the Opposition will not support them. Businesses should not have to shoulder that burden, and the victims require a more efficient process. If an efficient process is established that does not cost more in premiums, the Opposition will be happy to support it.

Debate adjourned on motion by Mr Robert Coombs and set down as an order of the day for a future day.

Motion by Mr John Aquilina agreed to:

That standing orders be suspended to permit the introduction without notice and passage through all remaining stages at this sitting of the Waste Recycling and Processing Corporation (Authorised Transaction) Bill 2010 (No 2).

Bill introduced on motion by Mr David Harris, on behalf of Mr Michael Daley.

Mr DAVID HARRIS (Wyong—Parliamentary Secretary) [10.34 a.m.]: I move:

That this bill be now agreed to in principle.

The Waste Recycling and Processing Corporation, which trades as WSN Environmental Solutions, or WSN, operates a State-owned waste collection and processing business. The purpose of Waste Recycling and Processing Corporation (Authorised Transaction) Bill 2010 (No 2) is to allow the Government to transfer WSN to the private sector. The Government announced in late 2008 that it intended to investigate the possible sale of WSN. Expert financial, legal, tax, accounting and environmental advisors were appointed to undertake a comprehensive strategic review of WSN, which considered factors such as the suitability of a transfer to the private sector and the proposed transaction structure. Following the completion of this review, the Government announced its intention to proceed with the transaction and consequently is now tabling enabling legislation.

The Government has decided to proceed with this transaction for a number of important reasons. Firstly, the sale of WSN addresses the inherent conflict between Government being both owner and regulator of this business. Secondly, WSN operates in an increasingly competitive market along with private sector operators, who are best placed to make the significant technology development and capital investment necessary in this growing industry. There is growing demand for alternate waste technology facilities that serve the critical function of diverting waste from landfill and form an important part of the Government's waste strategy. While WSN has taken a lead position in the development of alternate waste technology facilities, the Government believes the private sector is best placed to make the significant investment that will need to be made over the coming years.

As part of the bill the Government has committed to report on how the transaction complies with the Government's waste management strategies and also to address any outstanding competition issues. Taxpayers will benefit by shifting the need for this additional investment from the public sector, and the whole community will benefit through the investment of the sale proceeds in the priority areas of health, education and transport. It is important to note that the transferred business will continue to be managed in accordance with strict environmental regulations regardless of ownership.

I turn to the detail of the bill. Part 2 of the bill authorises the transfer of WSN to the private sector. To provide flexibility, part 3 of the bill authorises the transfer of WSN to the private sector through various methods: firstly, through direct vesting of assets and liabilities; secondly, through the conversion of WSN to a Corporations Act 2001 company and the subsequent transfer of its shares; and thirdly, through the establishment and transfer of a new company. The bill provides the Treasurer with the necessary powers and functions to affect the transfer to the private sector via one of these means. The bill includes a provision allowing the new owner to be excluded from the payment of State taxes relating to this transaction, such as stamp duty.

It should be noted that section 52A of the Conveyancing Act 1919 does not apply to a contract for the sale of land that is entered into for the purposes of this transaction. In clause 19 of the bill it is made clear that provisions in the State Owned Corporations Act 1989 do not in any way prevent, restrict or otherwise limit the carrying out of this transaction. This applies also to the Waste Recycling and Processing Corporatisation Act 2001. There are also provisions to allow for the repeal of that Act after the successful completion of the transaction. In addition, the bill establishes the Waste Assets Management Corporation, which will retain and manage sites not transferred to the new owner as part of this transaction. The Waste Assets Management Corporation will be under the direction and control of the Treasurer.

A general manager will be appointed for the day-to-day running of the corporation, and staff may be employed under chapter 1A of the Public Sector Employment and Management Act 2002 to enable the corporation to carry out its duties. After discussions with the Opposition, the Government has agreed to direct cash and other assets sufficient to cover the provision for rehabilitation and future maintenance costs associated with the landfill sites to be managed by the corporation. These maintenance and rehabilitation costs are accounted for as liabilities in WSN financial statements. These liabilities will be determined by an independent technical expert, as occurs now. This will enable external verification of the fund balance.

A key part of this bill relates to employee protections for those currently employed by WSN. The bill authorises the transfer of employees to the private sector and the continuation of their existing leave and superannuation entitlements, as well as a three-year employment guarantee for permanent employees. Temporary employees will receive a guarantee for three years or to the end of their fixed term, whichever occurs first. The bill also empowers the Treasurer to provide transfer payments to those employees who choose to move across to the private sector. The bill includes a provision to enable permanent and temporary WSN employees to remain with the public sector, if that is their preference.

The bill introduced today is part of the Government's responsible program of transferring non-core assets to the private sector to strengthen the State's financial position. In turn, this improves the Government's ability to focus more resources to core social services such as health, education, roads and transport. Significantly, it also addresses the Government's conflict of interest as owner and regulator of the WSN business. While divesting ownership of WSN, the Government will continue to regulate the waste industry in New South Wales to minimise the impact of waste facilities on the community and the environment. I commend this bill to the House.

Mr MIKE BAIRD (Manly) [10.41 a.m.]: I support the Waste Recycling and Processing Corporation (Authorised Transaction) Bill 2010 (No. 2). My contribution to the debate on the previous bill was clear. Therefore, without taking up too much time of the House I shall refer only to a couple of points. Certainly, the Opposition supports the argument that this business needs to be sold. I support the comments of the Parliamentary Secretary and the Treasurer that being both owner and regulator in an industry presents a clear conflict of interest. This bill aims to remove as much of that conflict as possible. Presently, the waste industry is experiencing increasing competition and requires significant investment in new technology to improve environmental outcomes through reduced landfill and other matters. I commend the Government on its strategy to sell this business.

The Opposition's contribution has always been to try to be constructive. I acknowledge the Treasurer and his office for listening to and acting on our concerns. We spend much time in this place pointing fingers at each other and raising concerns about policy, politics and the like. This transaction has been undertaken with a sense of goodwill to try to achieve the best outcome for the people of New South Wales. The spirit and cooperation in which negotiations have been undertaken, notwithstanding the odd misunderstanding of process and procedures, are testament to what should happen if the Government is really trying to secure the best results for those whom we try to serve, the people of New South Wales.

I am pleased that the Government has included the two amendments that the Opposition proposed. The first amendment reflects the concept that if a business or entity is sold, it is not fair to leave behind future liabilities to be met from future budgets, thus taking money from elsewhere across a State budget. Our strong argument has been that all liabilities—contingent or otherwise, future or current—should be met from the sale of any entity. We are pleased the Government has agreed to establish a trust account for that purpose. This means that the proceeds of the sale will help to meet all liabilities retained within the business.

We hope that, in the continued spirit of good management and good governance, the Government in executing this sale will not try to impose other forms of debt or legal costs on the new entity to get around this clause of the bill. We understand that is not the Government's intention. Our concern is that all outstanding landfill liabilities, whether contingent or legal, are met by the proceeds of this transaction. That is the substance of the first amendment and I repeat that we are glad the Government has supported our initiative.

We note also that the Treasurer will prepare a report on a range of concerns as detailed in the second amendment. The shadow Minister in the upper House will provide the detail on that amendment. This is a complex transaction with many variables and difficulties. We trust the Government will be cognisant of the report on environmental outcomes, competition, and incorporation of consumer protection. No doubt the concluding response of the Treasurer will reflect good governance, good process, and ultimately the best outcome for the people of New South Wales. The Opposition certainly supports this bill and the proposal, with our amendments.

Mr DAVID HARRIS (Wyong—Parliamentary Secretary) [10.46 a.m.], in reply: I thank the shadow Treasurer and member for Manly for his contribution to the debate on the Waste Recycling and Processing (Authorised Transaction) Bill 2010 (No 2). As most members on both sides of this House would agree, the case for transferring WSN to the private sector is compelling. The sale addresses the potential conflict of interest of the Government being both owner and regulator of this business. Further, it allows the Government to focus on policy and regulation to protect the environment and ensure the sustainable management of waste for the benefit of future generations of Sydneysiders. We have heard how the regulatory framework for the waste industry has been strengthened in recent years to encourage greater resource recovery. In turn, this has driven the increase in demand for alternate waste technology—or AWT—facilities to divert waste away from landfill, which is an important part of the Government's waste management strategy.

The development of alternate waste technologies is an essential part of the Government's strategy to help meet waste diversion and reduction targets. Further investment in alternate waste technologies is critical, but the Government strongly believes that this should be met by the private sector, not the public purse. As an added protection, the Government will report back on how the transaction complies with its waste management strategy, including the development of alternate waste technologies. Following discussions with the Opposition, the Government has agreed to direct sufficient cash and other assets to cover the provision for the rehabilitation and future maintenance costs associated with the landfill sites, which will be retained in government ownership.

That provision will be allocated to a specified fund to be managed by the Waste Asset Management Corporation after the sale of WSN. A provision is made for these rehabilitation and future maintenance costs in WSN financial statements and will be verified by an independent technical expert. Of course, WSN will be subject to the same stringent environmental regulations that apply to each and every operator in the waste industry. Put simply, these regulations are about ensuring a healthy and clean environment; they apply to every company that holds a contract in New South Wales. In relation to the second part of that amendment regarding competition, the House has already heard about the competitive nature of this industry, with several companies involved in both waste collection and waste processing in the Sydney metropolitan area.

In addition, it is important to remember that the Australian Competition and Consumer Commission will review the sale, which is the usual practice, to ensure competition objectives are met. The Government has committed to report on any outstanding competition issues. This will ensure that ratepayers get the benefit of competition, which drives efficiencies in the waste sector, to the advantage of all. The Government is pleased to support the amendment, which is entirely consistent with the Government's robust strategy for the ongoing regulation of the waste industry and for the sale itself. I again thank members for their contributions to this debate. I commend the bill to the House.

Question—That this bill be now agreed to in principle—put and resolved in the affirmative.

Motion agreed to.

Bill agreed to in principle.

Bill declared passed and transmitted to the Legislative Council with a message seeking its concurrence in the bill.

Bill introduced on motion by Ms Angela D'Amore, on behalf of Mr Michael Daley.

Ms ANGELA D'AMORE (Drummoyne—Parliamentary Secretary) [10.51 a.m.]: I move:

That this bill be now agreed to in principle.

I am pleased to introduce the Weapons and Firearms Legislation Amendment Bill 2010. This bill formalises the recommendations arising out of a substantive review of the Weapons Prohibition Act 1998. A report on this review was tabled in the House in June 2009. The bill amends and modernises the Weapons Prohibition Act 1998 by providing a more comprehensive range of appropriate offences and penalties to ensure effective control of prohibited weapons. This is of particular importance as, unlike firearms, prohibited weapons are not registrable items. The offences and penalties have been designed to reflect this and to provide for greater alignment with equivalent offences and penalties in the Firearms Act 1996. As members may be aware, the Weapons Prohibition Act has the following functions: to outline those weapons that can only be lawfully owned with a permit; to outline the conditions for a prohibited weapons permit; and to provide offences applicable to the misuse or unlawful possession of prohibited weapons.

The items currently classed as prohibited weapons range from certain types of specialist knives to tasers and knuckledusters. The list is a dynamic one and additions are made in response to operational feedback from police. For example, over the past few years items such as road spikes and laser pointers have been included as prohibited weapons. Through this bill, improvised explosive devices and taser-proof clothing are proposed additions to the schedule of prohibited weapons. As well as providing clear guidelines for the New South Wales Police Force, the schedule of prohibited weapons serves as guidelines for the Australian Customs and Border Protection Service. In order to import any item on the schedule, Customs will require proof of police authorisation. This process is undertaken using a prescribed form.

The bill amends the definitions of a number of items already on the schedule of prohibited weapons following operational feedback on the effectiveness of existing definitions. For example, handcuffs designed as children's toys or theatrical props have been specifically excluded from the definition contained in the schedule of prohibited weapons. Another important initiative in the bill is the introduction of a separate schedule of military-style prohibited weapons. These will include bombs, rocket launchers and flamethrowers. The bill introduces a higher level of control around these items by prescribing more stringent safe storage requirements. The bill also includes offences relating to military-style prohibited weapons as offences for which there is a presumption against bail in the Bail Act 1978. The bill changes the regulatory model governing the lawful possession and use of "imitation firearms". Currently the terms "imitation firearm" and "replica firearm" are used interchangeably in New South Wales legislation. The bill amends the use of these terms and in so doing brings New South Wales into line with other Australian States and Territories.

The bill adds a new section 4D to the Firearms Act 1996 relating to imitation firearms. This provision includes a definition of "imitation firearm", which essentially means something that would reasonably be taken to be a firearm but is incapable of firing a projectile and therefore does not meet the definition of "firearm". Objects that are produced and identified as children's toys are specifically excluded from the definition of "imitation firearm". As part of the new section 4D, registration will not be required for imitation firearms. However, as is the case today, a permit will be required for their possession and use and they must be stored according to prescribed safe storage guidelines. The bill is silent on the definition of "replica firearm". However, as agreed through the Ministerial Council of Police Emergency Management—Police, this will be taken to refer to firearms that are exact replicas of recognised brands of firearm that are capable of firing a projectile. As replica firearms meet the threshold for the definition of a firearm, they are controlled under the Firearms Act 1996 and require no additional regulatory controls. The bill also removes existing references to imitation and replica firearms from the Weapons Prohibition Act, as these items will be solely regulated through the Firearms Act 1996.

Criminal intelligence is a vital tool for police not only in the investigation and prosecution of criminal activity but also in decision-making processes for the issuing of licences and permits. To this end, the bill inserts sections 10 (3A) and 10 (3B) into the Weapons Prohibition Act so as to provide the Commissioner of Police with the authority to rely on criminal intelligence in determining applications for prohibited weapons permits. The Police Commissioner may refuse a weapons permit on the basis of criminal intelligence that is held about an applicant for a permit when that person is considered a risk to public safety. So that the contents of police criminal intelligence reports are protected, the Police Commissioner is not required to give reasons for decisions based on the contents of these reports. The bill also notes that any such grounds for not issuing a permit may also be grounds for suspending or revoking the permit. With respect to weapons clubs, the bill ensures the regulation may make provision for the approval of clubs societies or organisations in relation to the possession or use of prohibited weapons. I commend the bill to the House.

Debate adjourned on motion by Mr Russell Turner and set down as an order of the day for a future day.

ACTING-SPEAKER (Mr Thomas George): The House will now proceed to General Business Notices of Motions (General Notices).

Debate called on, and adjourned on motion by Ms Angela D'Amore, by leave, on behalf of Mr Alan Ashton.

Mr CRAIG BAUMANN (Port Stephens) [11.00 a.m.]: I move:

That this House:

(1) notes that Corrie Island in Port Stephens has been listed on the World Heritage List and the International Ramsar Convention on Wetlands register, which means the island is "recognised by the international community as being of significant value not only for the country, or the countries, in which they are located, but for humanity as a whole";

(2) notes the Government has failed to include Corrie Island in its Lower Hunter Regional Conservation Plan; and

(3) condemns the Government for continuing to ignore the environmental significance and ongoing degradation of Corrie Island.

It is truly a disgraceful indictment of the New South Wales Labor Government that we are here today, on 18 March 2010, debating problems with the Myall River at Tea Gardens and, more specifically, the internationally recognised Corrie Island. I raised the problems regarding this important and significant ecosystem with the Minister for the Environment in October 2008 during question time. But here we are, almost 18 months later, still with virtually no action from this Labor Government. In October 2008 I advised the House of an unusual build-up of sand at the eastern mouth of the Myall River which was hampering the river's ability to flush itself. This caused the water to become a dark, murky brown and led to the death of thousands upon thousands of fish due to low salinity. This in turn was taking its toll on the local oyster industry and indeed the economy, with locals expressing their very genuine fears of devastation of their vital tourism industry as a result of the ailing river. But, without any studies being conducted, in October 2008 the Minister said:

The closure of leases, fish deaths and temporary changes in water quality are due to natural phenomena related to unusually high levels of rainfall in the river's catchment.

But the river got worse and worse, even without heavy rainfall. Boats could not enter the river via the eastern channel at low tide. In the western, or navigation, channel boats were running aground and the operators of the Nelson Bay ferry feared they would be forced to close the service down due to siltation of the channel. Oyster farms that were not being buried under the sand build-up failed through reduced salinity levels and owners faced losing their businesses altogether. And still the Minister claimed it was all a "natural occurrence" and that the river would correct itself. The satellite image of the eastern channel shown on Google Earth is less than three years old but bears little relationship to the eastern channel today.

Twelve months ago extensive local media coverage showed the eastern channel markers that are meant to be in six metres of water high and dry, being buried in sand. Then there was a shocking discovery: locals spotted, and photographed for proof, dingoes sunning themselves on Corrie Island, which, as the name suggests, is an island and should have been surrounded by water. By the Government's own admission, Corrie Island is used by 25 per cent of all shorebirds, five species of which are threatened. The island is also home to an endangered plant, the coastal saltmarsh. Previously the island provided safety for flora and fauna from predators such as dingoes. But not anymore. By way of background, allow me to enlighten the House about the significance of Corrie Island. In June 1999 more than 44,000 hectares of the Myall Lakes region, which includes Corrie Island, became the 994th wetland ecosystem to be added to the Convention on Wetlands of International Importance, otherwise known as the Ramsar Convention.

ACTING-SPEAKER (Mr Thomas George): Order! There is too much audible conversation in the Chamber. Members who wish to conduct private conversations will do so outside the Chamber. The member for Port Stephens will be heard in silence.

Mr CRAIG BAUMANN: The Myall Lakes National Park was recognised as one of the few coastal brackish lake systems in New South Wales that has not been greatly modified by human activities. The Ramsar Convention, according to its website, is:

An intergovernmental treaty that provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources. It is the only global environmental treaty that deals with a particular ecosystem, and the Convention's member countries cover all geographic regions of the planet.

The convention's mission is:

The conservation and wise use of all wetlands through local and national actions and international cooperation, as a contribution towards achieving sustainable development throughout the world.

Governments of all levels across the world agreed to take steps to protect and nurture these important and fascinating ecosystems. That is, of course, governments of all levels across the world except the New South Wales Labor Government! In the 11 years since Corrie Island was included in the Ramsar Convention the New South Wales Government has done nothing to protect this important environment. As my motion claims, the Government left Corrie Island out of the Lower Hunter Regional Conservation Plan. In fact, the border of the Lower Hunter ran right along the edge of the island but did not encompass the internationally recognised island. But the Government's negligence does not stop there. In May last year the Minister admitted that the Government had no management plan whatsoever for the internationally recognised Corrie Island—10 years after the island was listed. The local community was stunned that the Government's incompetence could reach such levels. All the Minister could offer was:

A plan of management will be prepared for Corrie Island Nature Reserve.

But it gets worse! More recently, I asked the Minister in a question on notice about when a management plan could be formulated. The Minister responded:

I am advised that preparation of a draft plan is scheduled to commence in 2012 with its public exhibition to occur early in 2013.

But that is another three years away! It is utterly despicable that the Government has allowed its negligence, its incompetence and its mismanagement to blatantly disobey an important international treaty. How can members opposite possibly vote against this motion, which states in part:

That this House:

(3) condemns the Government for continuing to ignore the environmental significance and ongoing degradation of Corrie Island

The Government is incapable of coming up with a management plan for an internationally recognised ecosystem in a 14-year time frame. The arrogance of this Government is breathtaking; its incompetence is frightening. To update the House on the current condition of Tea Gardens and the Myall River, the local communities say that the river is worse than ever. A local resident and tireless campaigner for the river, Gordon Grainger, stated:

The sand build up between Corrie Island and Winda Woppa is such that the entrance is now easily crossed on foot at low tide. Even small tinnies cannot get through and dingos/dogs have been regularly spotted chasing birds on the island. Erosion of the island continues at an anticipated rate of about 8 metres per annum.

Almost all 13 oyster farmers in the area have had to give up their business, with oyster farms impossible to maintain. Mind you, in the true style of this Labor Government, the oyster farmers are still being forced to pay the Government's lease fees on the farms. Locals say there has not been anything like the same number of visitors' boats coming up the Myall River this year as in previous years. However, the Government claims tourism has not been affected. In fact, the Minister for Tourism, in answer to a question on notice lodged by me late last year, said:

… there is no evidence to suggest a downturn in tourism as a result of the health of the river.

She went on about the success of the Myall River Festival, which was held in October 2008, around the same time that I first raised this issue in the House. Clearly, the Government has not assessed the impact of this environmental issue on the local economy in the 18 months since then. But, credit where credit is due: the Government has announced some funding for Great Lakes Council to dredge the navigation, or western, channel of the river. This has not happened yet, despite the funding being announced last August. The Government also announced funding for a study into ways to fix the river's condition—a certain admission that there is something wrong with the river.

Every day locals are testing and measuring the quality of the river and sending the result to the Department of Environment, Climate Change and Water. However, I understand that the department recently told locals that the Myall River is not a priority and that there are more urgent jobs across the State. I imagine those more urgent jobs may involve getting the department's fifth Minister in three years up to speed on the portfolio. The Government has allowed its infighting, its leadership spills and political scheming to get in the way of running the State. We all know that means we now have to put up with a failing health system, dangerous roads, nightmarish traffic and chaotic public transport. But now it also means that we run the serious risk of doing irreversible and irreparable damage to an internationally recognised ecosystem, and destroying our environment for future generations.

The Government should immediately clear the eastern channel of the lower Myall to, in the short term, stop feral animals from walking onto Corrie Island, and enable the Myall River to flush itself. The Government must recognise that there is a longer-term sand migration problem in that part of Port Stephens, a problem that will not simply go away. The Government must take action to save Corrie Island and the Myall River and lake system before it is too late.

Mr GEOFF CORRIGAN (Camden) [11.09 a.m.]: I note the concerns of the member for Port Stephens, and I congratulate him on bringing this motion forward. I have visited Port Stephens and been in the member's company at times, including on one unfortunate occasion. I know about the member's concerns and those of his predecessor about the areas around Port Stephens and Corrie Island in particular. I will not pretend that I know much about Corrie Island: I know where it is.

Mr Russell Turner: An honest politician.

Mr GEOFF CORRIGAN: There are many of us here, and I will deal with the issue of honesty in the Government. I am happy to go through the Government's environmental achievements with the member for Port Stephens. However, I do not want to get dragged away from the issue of Corrie Island. The member raised concern about the Government's environmental record. I am happy to be a member of the New South Wales Government, from Premier Carr to Premier Keneally. The New South Wales Government has an excellent conservation record. Bob Carr introduced more national parks than any other leader probably in the history of New South Wales. He did a fantastic job while he was Premier, and we have built on those wonderful achievements. Too often those achievements are overlooked and denigrated. However, I am proud of them. One particular achievement during Bob Carr's time as Premier was the creation of the Western Sydney Parklands, which were spoken about last Thursday in this place. I congratulate the Government on that achievement. I have some advice from the Deputy Premier on initiatives in the Lower Hunter. I think the member for Port Stephens referred to the Lower Hunter Regional Strategy.

Mr Craig Baumann: No.

Mr GEOFF CORRIGAN: I will talk about the Lower Hunter Regional Strategy for a minute. A media release issued by the Deputy Premier on 11 March 2009 stated:

"The [Lower Hunter Regional] plan provides a focus for conservation efforts over the next 25 years by identifying priority biodiversity areas in the Lower Hunter," Ms Tebbutt said.

The Lower Hunter is a highly diverse region; it contains a range of biodiversity values including wetlands and is home to a number of threatened species—

the member for Port Stephens raised that issue in relation to Corrie Island—

Among the areas identified as being of high conservation value is the corridor from the Watagans to Stockton, including the wetland reserves around Port Stephens and Karuah.

Around 20 000 hectares have already been protected for conservation in the Hunter as foreshadowed in the draft plan.

The plan provides further opportunities to build on these strong foundations, announced by the NSW Government in 2006 as Stage 1 of the plan.

The Minister for the Hunter welcomed the adoption of the final plan. On 11 March 2009 she said:

The Regional Conservation Plan and the Regional Strategy provide a 25 year blueprint for local government, industry and the community for development and conservation in the Lower Hunter.

That was said at about the same time as the member for Port Stephens gave notice of his motion. I am sure the Government will take note of the member's concerns. I commend the member for raising this issue. I am sure the Government will respond to it.

Mr MICHAEL RICHARDSON (Castle Hill) [11.13 a.m.]: That was a stunning contribution from the member for Camden! I must ask whether the member has been to Tea Gardens and Corrie Island and seen what is going on there. I know the area very well.

ACTING-SPEAKER (Mr Thomas George): Order! The member for Camden has contributed to the debate. The member for Castle Hill will direct his comments through the Chair.

Mr MICHAEL RICHARDSON: In the 1980s I used to holiday at Hawks Nest. I also included Myall Lakes in my book entitled Australia's Natural Wonders. I know the area very well. Corrie Island was absolutely worth preserving. The member for Camden talked about the national parks that Bob Carr created when he was Premier. The great problem with those national parks is that the Government did not prepare plans of management or provide the funding that was needed to look after those parks. That issue is at the core of this debate today.

As the hardworking member for Port Stephens pointed out, the Government's neglect is now posing a direct threat to the ecosystem on Corrie Island and the water birds that nest there. Corrie Island is a Ramsar-listed site, and it is Ramsar listed for a good reason. The wetlands have been recognised as one of the most critical types of ecosystem in the world, and it is the only case where there has been international agreement to protect and preserve the wetlands and this particular ecosystem. Corrie Island is not only Ramsar listed—it has been listed since 1999—it is also listed by the Commonwealth Government on the Register of the National Estate. Did the member for Camden talk about that? Did he talk about the Government's onus to look after this area? No, he did not.

The member for Camden talked about the Lower Hunter Regional Conservation Plan. The member for Port Stephens made the point that Corrie Island is just across the border in the Great Lakes shire and therefore falls outside the boundaries of the Lower Hunter Regional Conservation Plan. The Government is prepared to do something about protecting, for example, the important Kooragang wetlands, the Watagans ranges and the South Wallarah Peninsula but it is not prepared to do anything to protect this important Ramsar-listed wetlands because it is just across the border. Nature does not understand borders. I give one example.

The Arctic tern has been seen there—I have also seen them down at Bermagui. Members might be interested to know that the Arctic tern has the longest migratory passage of any living thing—77,000 kilometres. It lands and nests maybe only once every year and sometimes only once every three years. It circulates the globe from the Arctic to the Antarctic. It is extraordinary. Protection of the birds' nests on Corrie Island is critical. Yet, because the Government has not put a management plan in place and does not understand the Corrie Island ecosystem, it has refused to carry out what the local people want. It has refused to dredge the eastern channel. That means that at low tide there is a connection between the mainland, the Winda Woppa peninsula and the island, and dogs, cats, dingoes and foxes cross to the island, where they interfere with nesting sites and eat the birds and their eggs.

It is absolutely critical that something is done about this. Yet the Government is now talking about drawing up a management plan. It might do that sometime in 2013. I return to the point I made earlier in the debate: Bob Carr was good at creating national parks but he was dead lousy at looking after them. It is critical that the motion be carried. The Government should understand clearly that it must invest money in protecting Corrie Island and the Myall Lakes ecosystem while looking after the tourist interests of the people of Port Stephens. It is an absolute disgrace that the Government should oppose this motion.

Mr JOHN AQUILINA (Riverstone—Parliamentary Secretary) [11.18 a.m.]: Listening to the member for Castle Hill, one cannot help thinking about the conspiracy theorists in the Opposition. There always has to be some kind of conspiracy. The Government is always doing something that is against the interests of the public and against what is good. I will put the member at ease: there is no conspiracy in relation to this. The Government is fully aware of the conservation significance of Corrie Island and has taken steps in relation to that. Let me reiterate some facts, as opposed to the fiction and hypotheses from members opposite. Corrie Island is listed as a wetland of international significance under the Ramsar treaty. Corrie Island is already fully protected as a nature reserve under the National Parks and Wildlife Act 1974.

The environmental significance of Corrie Island is fully acknowledged, as is evidenced through the high level of protection afforded to the island through its status as a nature reserve and listing under the Ramsar treaty. The motion moved by the member for Port Stephens relates to the environmental significance of Corrie Island and its omission from the Lower Hunter Regional Conservation Plan. Surprise, surprise, Corrie Island is outside the boundaries of the Lower Hunter Regional Conservation Plan. That plan extends only as far north as the Port Stephens local government area and does not include the Great Lakes local government area where Corrie Island is located. Therefore it was clearly beyond the scope of the Lower Hunter Regional Conservation Plan. It does not make sense for an island that is outside a designated area to be covered by an Act of Parliament that says it should be included in the plan for that designated area. Conservation policies cannot be run in that way.

Corrie Island is already highly protected under the National Parks and Wildlife Act 1974 and is recognised as a wetland of international significance under the Ramsar treaty. It is ineligible to be part of the Lower Hunter Regional Conservation Plan because it is not located geographically within that area and as such it is clearly beyond the scope of the Lower Hunter Regional Conservation Plan to consider the environmental significance of Corrie Island. The plan is essentially about where our conservation efforts should be focussed in the lower Hunter, not in the northern part of the Hunter. The plan focuses on other conservation mechanisms that will ensure that important lands with high conservation values are managed for those values. The plan guides and focuses those efforts, concentrating on a range of effective voluntary conservation tools.

This has nothing to do with conspiracy theories or a so-called lack of funding. How dare Opposition members talk about a lack of funding in relation to nature conservation areas and national parks! Which Government established the national parks? This is the Government that established the vast majority of national parks forming a continuing link of parks from the northernmost tip of the State to the southernmost tip of the State along the eastern seaboard. This Government is very proud of the heritage it has established with national parks. The concept of these national parks was developed when former Premier Bob Carr was a Minister for the Environment in the Wran and Unsworth governments. When Labor lost government in 1988 what did the Coalition do? It did nothing with national parks. In fact, it started a turnaround on national parks and it was not until Labor was elected in 1995 that they were established and backed up with funding. Corrie Island is a fully protected nature reserve under the National Parks and Wildlife Act 1974. It is an area of international significance under the Ramsar treaty. It has the funding to make sure that it is properly looked after, and it falls outside the boundaries of the Lower Hunter Regional Conservation Plan.

Ms PRU GOWARD (Goulburn) [11.23 a.m.]: The member for Riverstone has confirmed the worst fears of people of the region. Of course, it is well understood that Corrie Island has enjoyed protection for 30 or 40 years but today it is home to feral animals and dingoes. Species, both flora and fauna, on the island are in a fragile state. Despite the fact that there has been ongoing formal protection of this area, not a cent has been spent on ensuring that the island is protected. As the member for Port Stephens has constantly reminded the House, that comes back to the fact that the channel around Corrie Island is silting up, and has continued to silt up. It has got worse over a number of years, and most recently that silting up has enabled feral animals to access the island. Dingoes have been chasing birds on the island.

One would hope that if the Government makes a hero of itself publicly about signing conventions it would also spend some money on ensuring that Corrie Island is protected. However, that has not happened. This motion condemns the State Labor Keneally Government for continuing to ignore the environmental significance and ongoing degradation of Corrie Island. Despite the Government's claim that it is proud to have ensured the protection of the area, not a cent has been put into it and the ecological colonies of Corrie Island are in grave danger. The second paragraph of the motion moved by the member for Port Stephens reads:

(2) notes the Government has failed to include Corrie Island in its Lower Hunter Regional Conservation Plan; and

The member for Riverstone made much of the fact that Corrie Island is not in the plan. The Opposition knows it is not in the plan. After looking at the areas included in the Lower Hunter Regional Conservation Plan I find it remarkable that Corrie Island has not been included in the plan. The regional conservation plan applies to the same local government areas covered by the Lower Hunter Regional Conservation Plan, namely, Maitland, Cessnock, Lake Macquarie, Port Stephens and Newcastle City councils. It also includes sections in the north-east of Wyong Council area at Gwandalan and the Wallarah peninsula. The argument made by the member for Port Stephens and the Liberal-Nationals Coalition is that if it is good enough for those areas to be included in the conservation plan it is certainly good enough for the Lower Hunter Regional Conservation Plan to include Corrie Island.

If Corrie Island were in a conservation plan there would be scope to get something done. However, it has taken enormous pressure from a lone member of Parliament, the member for Port Stephens, and his constant questioning to extract from the Government the very reluctant observation that this very precious area will now be the subject of a management plan that will be developed some years hence and open to public exhibition in 2013. There is a very good chance that by that time any remaining colonies of eastern curlews and other shore birds that frequent the island will have been driven away or their nesting colonies destroyed by the feral wildlife that is now able to invade this area.

This is a simple proposition. The Government signed the treaties, it signed up to these conservation values, it proclaimed them loudly and yet the silting up of the channel has resulted in an ecological disaster. This very special place is in grave danger of losing any of its ecological significance yet the Government is not prepared to put a cent into it. It is unforgivable for a government to leave it for another three years before a management plan is put in place. It is not good enough for a site that has been protected, as the member for Riverstone so proudly told us, since 1974.

Mr CRAIG BAUMANN (Port Stephens) [11.28 a.m.], in reply: I thank members representing the electorates of Camden, Castle Hill, Riverstone and Goulburn for their contributions to this debate. The Government's response is typical: an attempt to shift the blame and responsibility and to avoid all accountability for the problems facing the people and, indeed, the environment of New South Wales. I wonder if any of the speakers who spruiked about how the Government's handling of the Myall River and Corrie Island disaster have actually been to Tea Gardens. I know the member for Camden went to Port Stephens under rather unfortunate circumstances a couple of years ago. I wonder whether those members have been to Tea Gardens to see the condition of the local marine environment for themselves. How many members on the other side of the House are willing to stand and say, "Hasn't the Government done a good job", in the face of a seriously unhealthy river and the possible destruction of an internationally recognised ecosystem, which is home to endangered bird and plant life?

There is simply no excuse for the State Labor Government's failure to devise some form of management plan for Corrie Island in the 14 years since it was enlisted to the Ramsar Convention. The Government's piecemeal measures to fix the Myall River and thereby better protect Corrie Island simply are not good enough. Committing funds to a study of how to fix the Myall River is one thing, but leaving the local community to more or less carry out the testing and studies themselves, with no finishing date or commitment to seeing the project through, does not stack up. The member for Riverstone mentioned the Lower Hunter Regional Conservation Plan and put great weight on the fact that Corrie Island was not in the Lower Hunter. The boundary of the Port Stephens local government area is on the northern side of the Port Stephens port itself. Corrie Island is just about surrounded by the local government area of Port Stephens, but this Government did not see fit to include it in that plan.

The member for Riverstone also assures us that the island is fully protected by the National Parks and Wildlife Service. Unless guards stand there with shotguns at every low tide, I do not know how it is going to keep feral animals away. Like everything else the Government says and does, it may claim to be protecting it, but it is not. In summary, despite the fact that the eastern channel was regularly dredged until 1998 and despite the fact that numerous reports have recommended a regular dredging program, the State Government is simply not listening. Those who live, work and play in Hawks Nest and Tea Gardens need to see real commitment from the Government to fix the Myall River. This House needs to honour its Ramsar Convention obligations and move immediately to reverse the lack of action and neglect that the Government has shown toward Corrie Island and the Myall River.

Question—That the motion be agreed to—put.

The House divided.

Question resolved in the negative.

Motion negatived.

Mr JONATHAN O'DEA (Davidson) [11.40 a.m.]: I move:

That this House expresses concern over the way the Government-owned WSN Environmental Solutions has been conducting garbage landfill operations at Belrose.

This has indeed been WSN Environmental Solutions week. We started the week with a private member's statement in which I raised a couple of issues, to which unfortunately I did not receive a response from the Government in the context of the bill that was being debated. The bill relating to the sale of WSN assets was debated yesterday and passed through the House today. Now, coincidentally, there is a motion before the House on WSN, so I hereby proclaim this WSN week! It was pleasing that there was a degree of good faith and cooperation in relation to the passage of the Waste Recycling and Processing Corporation (Authorised Transaction) Bill (No 2) earlier today. I am pleased to say that one year on from my giving notice of this motion, on 24 March 2009, the level of concern has dissipated somewhat as a result of the good faith and cooperation that has been demonstrated by WSN.

I acknowledge particularly the communications and expressions of good faith and cooperation, and the much greater willingness to show respect to local communities that has been demonstrated by both Ken Kanofski as Chief Executive Officer of WSN and Catherine Johnson as Director of Marketing and Communications. I have spoken about WSN and the Belrose site, which is in my electorate of Davidson, on a number of occasions. I refer to speeches I made on 14 November 2008, 3 April 2009, 2 September 2009 and 16 and 17 March 2010. I do not intend to go over the same ground again but I mention those speeches, which are on the record.

Without going over the history of the site in painstaking detail, I note that the Belrose Waste Management Community Monitoring Committee, which is now known as the Community Advisory Committee, was established in 1993 to advise and assist what was then known as Waste Services New South Wales on the environmental management of the Belrose Waste Management Centre and future use of the site. Council is a member of that committee, as indeed are a number of members of the community, led mainly by Mary Armstrong, who has demonstrated enormous patience, determination and perseverance over the years, together with a team of local residents who have at times been exasperated but have nonetheless stood up for what they thought was right for the local community and the wider community. As the member for Davidson I recognised that in the past they had been unfairly treated and took it upon myself to spend quite a lot of time and effort to make sure that issues that had unfortunately gone off the rails were better addressed. I am pleased to see that that is now occurring to a much more satisfactory level than was the case only a year ago.

The Belrose WSN site comprises three main parcels of land. One is a waste transfer station, which I understand will be sold as an asset of WSN, and I think everyone accepts that. That is an ongoing operation and a facility that is obviously needed in the area. The community realises that waste treatment and disposal is an important function that we need to provide in our community. That waste transfer station, as it currently operates, will be sold. The second parcel of land, if I can call it that, is the landfill area. That was meant to have closed in January 2005, if not before. Certainly there was a commitment that I have seen and a ministerial statement in response to a question from the previous member for Davidson in November 2001 that indicated the landfill closure date was January 2005. In 2004, one year prior to the proposed closure, an agreement was signed with the community that the site would close in 2009, in return for certain concessions on behalf of the community. One of them related to a 10-hectare site, which I will refer to as the third parcel of land.

When the local community was expecting confirmation of the closure and rehabilitation of the landfill site they were most surprised to learn that another agreement that confined further landfill on that site had been unilaterally removed by WSN and there was a proposal to dump an extra 180,000 tonnes of garbage on the site. On top of previously broken promises and breached commitments this caused substantial concerns to the community and to me. I am pleased to say that on the two main issues there has been a demonstration of good faith and positive cooperation at the moment in that there is an absolute assurance the landfill site will be returned to the community as a recreational facility by 2016. WSN has put forward some proposals, which it has done a number of times in the past and I will not go into the history of those numerous commitments, and this time I get the sense we are going to see some progress on this site. I have spoken directly with WSN as recently as today. The community trusts those things will occur and I ask the Government to confirm that the current move to sell WSN's assets will not interfere with that process.

The second broad point I wanted to emphasise today was that the 10-hectare site, which is protected, is pristine bushland. The National Parks and Wildlife Service has indicated a willingness to take that 10-hectare site into the Garigal National Park. It immediately adjoins the national park and has been recognised as being of substantial value. WSN is going through a process at the moment of putting in a biobanking application, which will help fund the ongoing management of that land. Again, I seek in good faith the Government's confirmation of its intention to continue with that very firm undertaking to the local community in relation to the 10-hectare site. With those assurances my level of concern will have largely dissipated because I have been able to represent my local community to a reasonable outcome. I reserve any further comments to my right of reply.

Mr RICHARD AMERY (Mount Druitt) [11.50 a.m.]: On behalf of the Government I speak in debate on the motion moved by the member for Davidson, which states:

That this House expresses concern over the way the Government-owned WSN Environmental Solutions has been conducting garbage landfill operations at Belrose.

I acknowledge the positive comments of the member for Davidson, who gave notice of this motion on 24 March 2009. He suggested that WSN Environmental Solutions had already addressed many of the concerns that were raised last year. The northern suburbs Belrose landfill, which is owned and operated by WSN Environmental Solutions, is a well-run landfill. First, its operations comply with the strict New South Wales regulatory regime—something about which this Government is particularly proud. Second, the site remediation and rehabilitation obligations are being met—benchmarks placed by this Government on its operations. The community consultation processes that are in place have identified key issues of concern for the Belrose host community. WSN has addressed these concerns through positive action.

As I have said, the Belrose landfill operations are subject to stringent New South Wales regulatory regimes that ensure that landfills are managed in an environmentally responsible manner for the whole of their life—from planning and operation through to rehabilitation and to post closure after care. The main components of this regulatory regime or framework are environmental protection licences, closure plans and surrender notices. The Belrose landfill has a solid record of complying with its licensing agreements—an important aspect in the management of all landfill and waste disposal operations, in particular, those operating in the metropolitan area. Landfill operations are always a challenge for any organisation. It is worth noting that WSN is fulfilling its obligations to remediate this site. More than $4 million has been spent, which includes work on the leachate treatment, revegetation, and the installation and operation of landfill gas systems.

Currently approximately $5 million is budgeted to be spent by WSN for site rehabilitation at the Belrose waste and recycling centre over the next 10 years. This includes environmental monitoring and gas and leachate management once land filling has ceased. Part of the site will be retained for the development of future waste and recycling infrastructure. This practice of capturing landfill gases has impressive sustainable benefits because it reduces the impact of waste disposal on climate change in two ways. First, it reduces harmful greenhouse gas emissions and, second, it offsets fossil fuel-fired electricity. The green electricity that is generated at Belrose landfill contributes to WSN's leadership in green electricity production from landfill gas. As Opposition members have been talking about alternative ways of producing electricity, I hope that they acknowledge the work that is occurring at this centre.

WSN is the largest producer of green energy from landfill gas. In fact, across WSN's Sydney network, enough green energy is produced to power the equivalent of 40,000 homes. In addition, WSN has recently installed odour management systems, and the community has advised that this has been effective in controlling odours. Importantly, the Belrose waste and recycling centre provides access seven days a week for small vehicles to drop off their mixed waste, dry waste and recycling materials. In addition, there is a safe drop-off service for the community to responsibly dispose of products such as car batteries and gas cylinders. Some components of those products will be recovered and recycled. The Belrose landfill was due for completion in 2010. However, in 2008 WSN announced that the life of the landfill needed to be extended to enable WSN to cope with existing demand for household waste management services and to allow breathing space for a longer-term local solution to the management of household waste from the region.

This responsible decision will avoid intermediate congestion and environmental impacts resulting from the need to truck this waste to southern or western Sydney in the period between mid 2010 and the expected opening of the processing plant in the region. WSN conducts a Belrose Community Advisory Committee to which the member for Davidson referred twice in his contributions. That committee is open to members of the local community to attend and is facilitated by an independent consultant. In this forum the community receives a detailed report on the operations of Belrose landfill and has an opportunity to ask questions and to provide feedback. It is through this forum that WSN has listened to community concerns and consulted with Community Advisory Committee members on possible solutions—another issue acknowledged by the member for Davidson.

In response to any community concerns over the future of the Belrose landfill operations, WSN has worked with the community to deliver a public positive covenant on the landfill, which will provide greater planning certainty to the community about the future life of the site. In regard to the future use of the site post closure in around 2014, WSN has promised to present draft concept plans to the Belrose community by February 2010. This commitment was met by WSN and the community is now in the process of providing feedback on possible future use activities for the closed landfill. These include mountain biking, horseriding and open areas for dog walking. The Belrose Community Enhancement Fund will be used to finance building and managing future use facilities. During 2009 a commitment was made to the Belrose community to increase WSN's contribution to the Community Enhancement Fund. By the time the landfill is closed in 2014 the value of the fund will be equivalent in value to the amount to which the fund has been indexed in the consumer price index since the fund was established. That means the community will have a total of $3.49 million to fund the agreed future use activities on the closed landfill.

A core issue for the Belrose community is the protection of the environmental values of a 10-hectare lot adjacent to the Belrose landfill and owned by WSN. To ensure that the 10-hectare site is protected, WSN is currently working with both the National Parks and Wildlife Service and the department. The first step is to register the site under the New South Wales Government's biobanking scheme, and then subsequently to gift the 10-hectare site to the National Parks and Wildlife Service so that the land will be integrated as part of Garigal National Park. I understand that the Belrose community has met this plan enthusiastically. In summary, Belrose is a responsibly managed landfill operation that meets the standards set by highly regulated regimes that are imposed on all New South Wales landfills. It is run by WSN Environmental Solutions, which has invested more than $4 million in remediation and has allocated a further $5 million to site rehabilitation over the next 10 years.

The landfill has gas capture infrastructure and generates green electricity, which is exported to the Sydney grid and helps us to offset fossil fuel-fired energy and reduce harmful greenhouse gases. WSN, the owner and operator of the Belrose landfill, has demonstrated a commitment to the Belrose community by listening to them and working with them to find solutions that include surety of the closure of the landfill, agreement on the future use activities on the closed landfill and the protection of environmental values of the adjacent 10-hectare site to the Belrose landfill. The Government opposes this motion. I hope that the information I have provided to the House will satisfy the member for Davidson and his local community that much has been done since he first gave notice of his motion, and that there might not be a need to vote on the matter.

Mr MICHAEL RICHARDSON (Castle Hills) [11.59 a.m.]: Given the way in which the member for Davidson conducted himself in this debate, it is extremely churlish of the member for Mount Druitt to say that the Government will oppose this motion. This motion is a mild motion and one could only describe the member for Davidson as being mild mannered in his contribution. The motion simply states:

That this House expresses concern over the way the Government-owned WSN Environmental Solutions has been conducting garbage landfill operations at Belrose.

The operative words are "has been", which reflect the past tense. The motion does not refer to what might happen in the future; it refers to what has happened in the past. Over a significant period the member for Davidson, his predecessor and the local community have raised legitimate concerns, which is not surprising when we consider that it is not pleasant to be living next to a landfill. There are problems with odour, leachate, and trucks coming in and out of the area. When the Belrose tip was first opened it was out in the bush, but now it forms very much part of suburbia, as houses have encroached onto its terrain. Exactly the same thing happened at Jacks Gully, which was to remain open for putrescible waste but was closed because Landcom cited odour issues making it difficult to sell properties adjacent to the landfill site. The Belrose landfill site was supposed to have closed by the end of 2009.

Mr Jonathan O'Dea: January 2005.

Mr MICHAEL RICHARDSON: I have been corrected. It was supposed to close in January 2005, but with community agreement its lifespan was extended in 2007 when the Minister said the Belrose tip would close by the end of 2009. The landfill site remains open in March 2010 regardless of the odour, leachate and environmental issues associated with landfill sites in suburbia. I am not surprised that the lifespan of Belrose tip was extended, because this Government is addicted to waste. In 2004-05, $105 million in revenue was raised through the waste levy. This year the budget predicts $348 million will be raised and that in 2012-13 about $471 million—nearly half a billion dollars—will be raised from waste. This is the fastest-growing tax in New South Wales.

The Government extended the lifespan of Belrose tip beyond the commitment it gave to local residents because 4.5 million tonnes of waste are dumped annually. Belrose tip will have ongoing issues because we do not know what lies under the surface. From 2002 to 2004 Waste Service New South Wales—now known as WSN—dumped some 40,000 tonnes of sludge containing tens of thousands of litres of toxic organochlorines at Lucas Heights and Jack's Gully. The maximum penalty for that offence was $1 million and a jail sentence, yet the Environment Protection Authority fined Waste Service New South Wales just $5,000.

Those organochlorines came from the Government's ChemCollect program and included the carcinogens DDT, chlordane and heptachlor, which have all been banned from use in Australia. But it was good enough to dump them in the landfill at Lucas Heights. Around that same time we had the spectacle of a leachate spill from Lucas Heights into Mill Creek, a tributary of the Georges River, which created significant environmental problems. No guarantee can be given that the same problems will not occur at the Belrose landfill site. It is entirely appropriate for the member for Davidson to express concern over how WSN has conducted its garbage landfill operation at Belrose— [Time expired.]

Mr GEOFF CORRIGAN (Camden) [12.04 p.m.]: Madam Assistant-Speaker—

Mr Thomas George: Have you been to this site?

Mr GEOFF CORRIGAN: Yes, I have been to this site and I know a fair bit about it. As the member for Lismore has asked me that question, I will provide some background. I was a member of Macarthur Waste Board for five years when I was a Camden councillor. This issue is of particular interest to me because no-one wants waste dumps in their area. However, with a booming population one great challenge for any government—State, Federal or local—is water, electricity and waste. Dealing with waste is an immense problem. I congratulate the member for Davidson on his motion and on his understanding of what has happened subsequently to alleviate the concerns of Belrose residents. My sister-in-law lives at French Forest and I visited the Belrose site when I was a member of the Macarthur Waste Board.

The Belrose landfill operations are subject to stringent New South Wales regulatory regimes. The member for Mount Druitt has referred to many of those topics, so I shall move on to the issues I consider important for Belrose residents. The Belrose landfill space is used exclusively by Shore Regional Organisation of Councils—Manly, Mosman, Pittwater and Warringah. Prior to the announcement, the company's intention was to operate the facility until approximately mid 2010. Whilst the new plan will mean a change to the earlier proposed landform, there are no plans to increase the maximum height of the landform beyond previous announcements. In effect, the shoulders of the existing site will now be filled higher than previously planned.

WSN has not changed its plan to continue to use the lower portion of the Belrose site for future operational activities. These activities may include processing recyclables, dry waste, garden waste or putrescible waste as well as truck parking and other associated activities. As part of the modern waste collection system it is important to separate valuable recyclables and garden waste because they do not need to go into landfill. Extending the life of the Belrose site will enable WSN to cope with existing demand for household waste management services and allow breathing space for a long-term local solution to managing household waste from the Shore Regional Organisation of Councils region. The extension will avoid intermediate congestion and environmental impacts resulting from the need to truck this waste to southern or western Sydney in the period between mid 2010 and the expected opening of a processing plant in the region.

Jack's Gully is within my electorate. It is a wonderful world-class facility. For the benefit of the member for Castle Hill, residential houses go right up to the fence line at Jack's Gully. The odour problem has been overcome through the wonderful work of Landcom in providing $1 million to WSN, which matched that amount, to make this facility world class. Recently a group from Russia visited Jack's Gully to see the work being done at that site. WSN consulted the local community on the impact of its plans and has met many community requests regarding key areas of concern. I appreciate that the member for Davidson has referred to these concerns, but I should like to refer to the initiatives undertaken by WSN.

They include surety around the future use of the closed landfill, which has been addressed by applying a private-public covenant with Warringah Council as the prescribed authority, and a commitment to the Belrose community to increase the contribution by WSN to the community enhancement fund so that by the time landfill is closed in 2014 the value of the fund will be equivalent to that amount if the fund had been adjusted according to the consumer price index since the fund was established. This means that the community will have a total of $3.49 million to fund the agreed future use activities on the closed landfill. These include gifting to National Parks the environmental protection of a nature reserve adjacent to the landfill so it can be integrated into the Garigal National Park.

Mr MIKE BAIRD (Manly) [12.08 p.m.]: I support the motion of the member for Davidson. I congratulate him on the work he has undertaken. He has been an incredible advocate for this site and has gone into detail unseen by many members of Parliament on an issue of immense concern to his community. I emphasise one particular issue: the expected closure of the landfill site by 2014. The intention is that by 2016 the site will be open for public use. A previous speaker spoke about some future uses of the site, including mountain biking, horseriding and general recreation purposes. The Government is in the midst of selling these assets, which we support after agreement was reached regarding some sensible amendments to the proposal. The Belrose site has immense strategic value and opportunity for the local community. We take on good faith that the Government will retain the community obligations to which it has committed. In that sense, the site will be closed in 2014 and will be reopened in 2016 for community use. Funds have been allocated—about $3.5 million according to current records—and the site should be available for community use.

I highlight that the mountain bike movement on the northern beaches is growing every day to an almost unprecedented level. The group of more than 10,000 mountain bikers on the northern beaches deserves attention, recognition and support. I have a strong preference for what the site should be used for. Not only should it be open for general community recreation and horseriding access, it is also a terrific site for mountain biking. Mountain bike groups generally are concerned that insufficient funds are available to support them. Locally, we have argued for sustainable tracks, which I will come to in a moment. The main point is that this site provides an incredible opportunity to create a world-class—rather than just across Sydney and New South Wales—mountain biking facility of which we can be proud.

No doubt from an environmental point of view, with the growing number of mountain bikers on the northern beaches, a limited number of tracks and incredible bushland, we need to find other solutions. I have argued strongly that we need sustainable tracks within our parks that enable mountain bikers to engage formally, and we need to help them build sustainable tracks, which would stop mountain bikers from illegally entering park areas where no-one wants them to go. Responsible mountain bikers appreciate that. At a recent local meeting I saw the passion of mountain bikers to ensure that the environment is protected. However, they also want to access parks, so sustainable tracks are critical.

In terms of the site at Belrose, this is another way of dealing with the growing mountain biking fraternity. As I said, this is an incredible opportunity to create a world-class facility. The member for Davidson and the member for Castle Hill clearly articulated the case for public use of the site. We seek an assurance from the Government that community obligations relating to the site are retained and delivered, regardless of the sale. We are taking that in good faith and we do not underestimate the significance of that or the opportunities it provides. The funding of more than $3 million that is sitting there should be applied to developing a mountain bike track with access and facilities that are the envy of the world.

As the Government moves forward with sale of the WSN site, we seek an assurance that community obligations will be maintained and that the funds will be used for that purpose. At the same time the Government must continue to support the protection of our parks and, at every opportunity, provide sustainable tracks for mountain bikers. We think that would provide a long-term solution. We need to support mountain bikers, and retaining the WSN landfill site at Belrose, together with using the funds to create this facility, would provide an unbelievable opportunity.

Mr JONATHAN O'DEA (Davidson) [12.13 p.m.], in reply: I thank the members representing the electorates of Mount Druitt, Castle Hill, Camden and Manly for their constructive contributions to this debate. However, some of the points made by the member for Mount Druitt were slightly misleading in that WSN has not always complied with its environmental and other regulatory obligations. Odour issues are addressed much better today with a new odour management system. Odour issues did affect Covenant Christian School, which is close to the site. In the past sewage emissions have been dumped on the site, which was contrary to environmental regulations. That is not occurring now, which is good. There have been issues regarding trucks and issues regarding other plans, including bushfire management plans. I simply mention those issues, given the comments of the member for Mount Druitt, who tried to give WSN an absolute clean bill of health, which is not the case.

The issue of access should be highlighted. The member mentioned that the site is open seven days a week, which it is. However, for a short time the site was closed on Sundays, but it has reopened. That is a good thing. The local community and I have fought for the Community Enhancement Fund. I am pleased to acknowledge that, after substantial negotiations, the Community Enhancement Fund will be increased. That is a good outcome, too. I take exception to the assertion of the member for Mount Druitt that the site had been due to close in 2010. The member for Castle Hill and I pointed out that the site was projected to close in January 2005, if not before that. Indeed, on 28 November 2001 the then member for Davidson asked the Minister for the Environment about the latest projected closure date for landfill at Belrose tip. The answer was:

The latest projection closure date for Belrose landfill is January 2005.

I simply put that on the record. I note also, as the member for Mount Druitt indicated, that millions of dollars have been spent, and many more will be spent, on remediating the site. I acknowledge and thank the member for Camden for reiterating and reinforcing the commitments WSN has made to return the 10-hectare site to national park and to create community recreational facilities on the site. The member for Manly emphasised that point. Like the member for Manly, I am happy to put on the record—I have already done so publicly—my preference that the site be predominantly used as a mountain biking facility. The activity of mountain biking is growing in popularity but unfortunately it suffers from a lack of facilities across Sydney. It is exciting to have the landfill site as a prospective facility in the region.

I am pleased that some $3.5 million will be put aside for investment in that facility. If both the State and Federal Governments want to do the right thing, it is possible that additional funding may be provided from sporting portfolios to make what is currently planned to be an excellent community facility into more of a regional or, indeed, national or international facility. The comments of the member for Manly in that regard were well made. In conclusion, I appreciate and thank the Government for responding to the issues I have raised. I note a continuing good faith and cooperative approach in relation to WSN of late. I again thank those in WSN. I also thank the local community, including the Belrose Rural Community Association and other stakeholders who have participated in the community advisory committee with WSN, for their support. I indicate we will not be dividing on this vote.

Question—That the motion be agreed to—put and resolved in the negative.

Motion negatived.

Mr VICTOR DOMINELLO (Ryde) [12.19 p.m.]: I move:

That this House:

(1) notes the dangerous conditions faced by school students on the corner of Lane Cove Road and Cox's Road, in North Ryde;

(2) notes the hazardous 70 km/h speed zone on Lane Cove Road, which is in close proximity to a primary school; and

(3) calls on the Government to rezone the portion of Lane Cove Road near North Ryde Public School as a 40 km/h school zone with flashing lights.

At the outset I acknowledge that the Government has belatedly installed flashing lights and has converted the speed zone into a school zone. The purpose of these motions is to bring to the House matters of public importance. This motion is important because in the time it took to put the flashing lights in place a young child was hurt. I have moved this motion because I want lessons to be learnt. I want people to know that accidents can happen when nothing is done after responsible members of Parliament have given notice to Ministers that problems need to be addressed. I will provide a chronology to put this in context.

On 12 December 2008 I wrote to the Minister for Roads and highlighted the lack of school zone flashing lights in the Ryde electorate—at that time only one school had flashing lights. I requested that more schools have flashing lights installed urgently. On 11 March 2009 the response from the Parliamentary Secretary for Roads indicated that some school zones would be investigated by the Roads and Traffic Authority and my other concerns were forwarded to Ryde Council. On 24 February 2009 a concerned resident wrote the following email to the Roads and Traffic Authority:

I regularly see people running red lights at speed through this [Lane Cove Road] intersection daily. This intersection is completely blocked with traffic resulting in schoolchildren weaving through traffic to get to the other side.

I am beseeching you not to wait for some poor schoolchild or member of the public to be killed or maimed before you act on this matter. On seeing a very serious near miss [just] yesterday, it has reignited this issue in my mind and I will not have done my civic duty if someone dies at this dangerous crossing and I have not acted. I think at a minimum a red light camera, adjusted speed limits for school zones and considerably more signage is necessary at this intersection.

That was a very prophetic email and a plea for assistance. On 26 March 2009 the Roads and Traffic Authority responded and noted that the declaration of a school zone was not considered appropriate. On 12 May, some six weeks later, a 10-year-old boy was in a critical condition after being hit by the wheel from a car that was travelling along Lane Cove Road, North Ryde. He suffered head, ankle and abdominal injuries and was treated at Westmead Children's Hospital. The young boy attended North Ryde Public School, which is in close proximity to Lane Cove Road. I have no doubt that when that wheel came off that vehicle the car would have been travelling on Lane Cove Road at about 70 kilometres per hour, and a four-foot child with the constitution of a rake was seriously injured. If the car had been travelling at 40 kilometres per hour the wheel would not have been moving as fast and that would have provided plenty of time for the poor child to get out of its way.

The accident was horrific; the schoolchildren were in shock and needed counselling. The front page of the Northern District Times reported that the child was critically injured and the head injury response team helicopter was called to assist. The school community and the broader Ryde community were in shock. On about 15 May I made a speech in the House to bring this issue to the attention of the Government. Shortly after, school zones were put in place on Lane Cove Road, but flashing lights were not installed notwithstanding the fact that six weeks earlier the Roads and Traffic Authority had stated that a school zone was not considered appropriate. That was the Government's reaction to problems that could occur any day to students across this State. If the Government is put on notice of such problems, it must act.

Mr David Campbell: I did.

Mr VICTOR DOMINELLO: Belatedly. The Minister says he acted. The Government acted in accordance with its usual modus operandi, that is, very late, after the event. It does not help the poor kid or the school community if lights are installed after the accident.

Mr David Campbell: Absolutely not. I agree with you.

Mr VICTOR DOMINELLO: I am glad that the Minister responsibly acknowledges that. I am still waiting for a response in relation to another matter. On 11 August 2009 I wrote to the Minister for Roads and indicated that the newly installed school zone on Lane Cove Road, which was previously declared inappropriate by the Roads and Traffic Authority, had trees blocking the northbound sign. I requested that the Minister indicate what measures were being taken across New South Wales to prevent an accident like the Lane Cove Road incident from occurring again.

On 2 September the Roads and Traffic Authority wrote to me and indicated that North Ryde Public School would receive flashing lights in the next round of installations. On 23 September 2009, in response to my letter of 11 August, I received a letter from the chief executive officer of the Roads and Traffic Authority, which indicated that its initial inspection of North Ryde Public School determined that there was no access to the school from Lane Cove Road, which made a school zone unnecessary. However, an inspection was conducted following the accident and it was found that an access point had been unlocked and was considered active by the school. That was the justification it needed to make it a school zone.

On 7 October 2009 I wrote to the Minister for Roads and indicated that action still had not been taken to remove tress from in front of the northbound school zone sign. On 10 December 2009 school zone flashing lights were installed on Lane Cove Road, three months after they were announced. As from 15 December 2009 all primary and senior, public and Catholic schools in the Ryde electorate—thanks to the heroic efforts of Peter Olsen, and I use those words deliberately—have at least one school zone flashing light installed. All but three have been installed by Peter Olsen, with the assistance of Rotary. I foreshadow a motion I will move to congratulate Peter Olsen on his efforts.

On 12 January 2010 the Minister for Roads wrote a response to my 7 October 2009 letter and indicated that the trees were removed and that flashing lights were installed on 10 December 2009. I am pleased to report to the House a happy ending to the story. The child went back to school and on last account he was doing well—thank God. I am sure none of us, including the Minister, would want that poor child to suffer from any permanent injury. But this mistake must not be repeated. On 3 February 2010 one of my constituents, Ms Maria Grzbowski from Melrose Park, discussed with me similar concerns and those of many other residents regarding a similar danger existing on the corner of Victoria and Marsden roads, West Ryde, near Ermington Public School and Marsden High School.

On 18 February 2010 I forwarded her concerns to the Minister and sent an urgent follow-up letter on 15 March 2010, but to this day I have not received a response. This is another example of a site at which an accident is waiting to happen. I beg the Minister to get the Roads and Traffic Authority out there straightaway. Melrose Park primary school, Ermington primary school and Marsden High School converge at the intersection of Marsden Road and Victoria Road where there is a little traffic island. If there is a bit of jostling when all the kids are corralled there and a child falls onto Victoria Road there is going to be a catastrophe. I urge the Government—beg the Government—not to let another accident happen. It has already taken too many months for something to happen. [Time expired.]

Mr NINOS KHOSHABA (Smithfield) [12.29 p.m.]: The New South Wales Government will continue to prioritise providing a safe road environment for students near their school premises. In general, 40-kilometre-per-hour schools zones have been provided on all roads with active direct access points from schools, and on all roads where a Roads and Traffic Authority school crossing supervisor is employed. I am the father of three young children, and all members would agree that the purpose of school zones is to keep our children safe. There is no excuse for speeding, especially through a school zone. There are more than 10,000 school zones in New South Wales and the State Government has put a lot of effort into making school zones safer.

I am advised that a school zone was installed on the portion of Lane Cove Road near North Ryde Public School in June 2009. A school zone had not previously been provided on the Lane Cove Road frontage to North Ryde Public School, as there was no direct access into the school. Audits in 2002 and 2007 found that the access point on Lane Cove Road consisted of a closed and padlocked gate, which restricted access. The location was reassessed following an incident in May 2009 when a young boy was struck by an errant tyre whilst waiting at the Lane Cove Road bus stop, as mentioned earlier.

The Roads and Traffic Authority audited the site in May 2009 and found that the North Ryde Public School access gate to Lane Cove Road was unlocked and, therefore, a school zone was required on Lane Cove Road. A 40-kilometre-per-hour school zone and pavement markings were installed on Lane Cove Road in June 2009. The school zone is 440 metres long and extends from Cooney Street to 80 metres south of Ford Street, which covers the now unlocked access to North Ryde Public School and the intersection of Lane Cove Road and Coxs Road. Flashing lights were installed on Lane Cove Road in both the southbound and northbound directions by 10 December 2009.

Addressing road safety risks and raising motorists' awareness of vulnerable road users is an ongoing process. The Government is providing a comprehensive package of measures to improve school zone safety. This includes continued rollout of its four-year $46.5 million flashing lights program to 400 schools zones across the State. The rollout of the $14 million dragon's teeth initiative to all school zones in New South Wales was initiated in May 2009. This scheme uses dragon's teeth road markings and is an important initiative that will increase visibility and awareness of school zones. It works by painting triangular markings on each side of a lane starting at the school zone sign and continuing for about 30 metres along the lane.

The Roads and Traffic Authority is also installing more than 1,000 fluorescent school zone signs to further improve the visibility of school zones. This new highly visible signage is part of the ongoing school zone maintenance program. Let us be clear: The safety of children in school zones is the Government's highest priority and the Government will do whatever it can to protect the community. Having said that, I plead with all drivers to take special care when driving, particularly in school zones.

Mrs SHELLEY HANCOCK (South Coast) [12.35 p.m.]: I move:

That the motion be amended by the addition of a new paragraph (4):

(4) calls on the Government to expedite the installation of flashing lights at all school zones in New South Wales for the protection of children.

I move the amendment because I think it is important to debate the issue at this time. It is an important debate for everybody in New South Wales. Every single member in this place is concerned about student safety around schools. I commend the member for Ryde for bringing forward the motion this morning and for continuing to raise matters of importance not only to his electorate but also to all of our electorates, particularly in relation to school zones. Motorists continue to speed through many school zones that do not have flashing lights, either because they do not notice the school zone—which is often the case—or because the signs are obscured by trees, even though the Roads and Traffic Authority and the Government have been alerted to the fact that they are obscured, and sometimes motorists simply do not see them. Flashing lights are an important component of student safety around schools, not just the installation of 40-kilometre-per-hour signs, because they are often obscured and difficult to see.

This morning I was appalled to hear the member for Ryde talking about making representations just for the installation of a school zone because I would have thought that the Government would be extremely careful in making sure that it at least got this aspect of its administration right. Every school in this State should have a 40-kilometre-per-hour zone around its periphery, but the member for Ryde made representations going back to February last year, then through March and May, and when the installation of the school zone sign occurred it was obscured by trees, so he had to continue to make representations on the matter. I find it appalling that a local member who raises an issue of student safety in his electorate is simply ignored by the Government. The fact is that local members know their area, know their schools, and know the issues of student safety and school safety issues because their constituents tell them. It is just a nonsense for the Government to ignore the issue.

I note the justification by the member for Smithfield for the Roads and Traffic Authority taking no action to install a school zone. The Roads and Traffic Authority response was that there was no direct access from North Ryde primary school to the busy Lane Cove Road. The St John the Evangelist High School at South Nowra has no direct access to the highway but it has a 40-kilometre-per-hour school zone. That was not a justification; it was an excuse. It gets back to what the member for Ryde was saying about reactivity rather than proactivity. The Government took action because a serious accident occurred at the location. There was no other reason. It took action because a serious injury occurred, which could have been a fatality.

The Government needs to listen very carefully. I noticed that the Minister was in the House earlier and I hope he was taking notes, because we need to be absolutely pedantic about student safety zones and safety around schools. In the past week we have continued to hear stories of motorists speeding through school zones. What will resolve that in a significant way is the installation of flashing lights. Then there can be no excuse for motorists speeding through those zones. The lights flash brightly and they are noticeable. But the fact is that hundreds and hundreds of schools throughout the State are without flashing lights, and it should be a priority for all members on this side and on the side opposite to make sure that the lights are provided.

While talking about flashing lights and school zones I mention Kangaroo Valley Public School, which is in the area of the member for Kiama. The parents and citizens association came to me saying, "We need a school zone with flashing lights in Kangaroo Valley because the member for Kiama has not responded to our pleas."

Mr David Campbell: Rubbish!

Mrs SHELLEY HANCOCK: They said, "We are prepared to pay for flashing lights because it is such an unsafe area for students to cross." The Minister is now in the Chamber saying it is rubbish. A school zone at the Kangaroo Valley Public School is extremely necessary because, as the Minister would know, it is in a very busy area. Kangaroo Valley Public School needs to have flashing lights installed. The community has offered to pay for flashing lights. It is up to the Government to ensure that they are installed. I commend the member for Ryde for bringing the issue forward.

Mr NICK LALICH (Cabramatta) [12.39 p.m.]: The safety of our children travelling to and from schools is a top priority for the Government. These children are some of the most vulnerable road users and the Government is working hard to deliver initiatives and programs to increase safety around schools. We are more than halfway through the $46.5 four-year program of installing flashing lights in school zones and well underway with dragon teeth road markings, which are being rolled out across all school zones in the State. The Roads and Traffic Authority flashing lights are reliable and well maintained with back-to-base technology, which is contrary to Mr Olsen's flashing lights, because they do not have that technology and their reliability is doubtful.

Mrs Shelley Hancock: Roll them out then.

Mr NICK LALICH: They have been rolled out. We are halfway through rolling them out. The incident on Lane Cove Road was a tragic accident and the thoughts of members of this House are with the family of the student who was injured. A school zone had not previously been provided on the Lane Cove Road frontage to North Ryde Public School, as there was no direct access into the school. This was confirmed by audits in 2002 and 2007. However, a further audit was conducted and found that a school zone was necessary and a 40-kilometre-per-hour school zone and pavement markings were installed on Lane Cove Road in June 2009. Addressing road safety risks and raising motorists' awareness of vulnerable road users is an ongoing process. While the rollout of flashing lights has been shown to be effective, we are also delivering on dragon's teeth road markings to increase motorists' awareness that they are travelling through a school zone.

They are yet another reminder that children may be about who may not be able to properly assess distance and speed, hence the need for increased protection. There is no excuse for speeding, especially in a school zone. There are more than 10,000 school zones in New South Wales and the State Government has put a lot of effort into marking school zones and making them safer and more visible. In fact, a recent analysis of a sample of school zones showed that young pedestrian casualties, in the 5- to 16-year-old age group, have decreased in school zones at a far greater rate than at other locations. This shows that these measures are contributing to a safer environment around schools. The New South Wales Government will continue to deliver on these important school zone road safety initiatives.

Mr DAVID CAMPBELL (Keira—Minister for Transport and Roads) [12.41 p.m.]: I emphasise how important school student safety is to me individually and the Government as a whole. The member for Ryde and the member for South Coast were not here at the time, but in my early days in this place, within months of being elected in 1999, a Bulli High School student, Ella James, was killed on a crossing on the Princes Highway that had pedestrian signals. She obeyed the "walk" sign but a car drove through the red light, hit her and killed her. I understand fully the importance of child safety around our schools, as does the Government. That is why the Government has a program, as the member for Cabramatta and the member for Smithfield have said, to install flashing lights and improve signage and paint dragon's teeth on the road.

Notwithstanding that the original motion is somewhat redundant given the action that has been taken and the time that has elapsed since it was placed on the business paper, the Government will certainly support it. It is interesting that as usual we had a rabid contribution from the member for South Coast. I interjected during her speech because the member for Kiama has been strident in his discussions and representations on behalf of the Kangaroo Valley school community. We see in the amendment moved by the shadow Parliamentary Secretary almost the kernel of what might be an unfunded, uncosted Opposition policy. She has basically said that the Opposition is up for expenditure, but she does not know how much it will cost.

Having made the point at the beginning of my contribution, I will return to it. The safety of children as they cross our roads and move to and from school is paramount to the Government. As with everything the Government does, that has to be considered within the context of available resources. The Government has allocated significant funding to road safety and will continue to do so, particularly school safety, but on the basis of the knee-jerk, rabid contribution from the member for South Coast we will not be able to support the amendment.

Mr STEVE CANSDELL (Clarence) [12.44 p.m.]: I commend the member for Ryde for moving this motion. It notes the dangerous conditions faced by school students on the corner of Lane Cove Road and Coxs Road, North Ryde. The member is fully aware of his local community's problems, especially the dangers for children. In my area of Clarence the only flashing lights I am aware of are on the Pacific Highway, at Ulmarra. It took some chasing to get them and there were some near misses with kids. It was a very dangerous area without the lights and they have made a big difference.

We have also been pushing very strongly for flashing lights at Broadwater, once again on the Pacific Highway. Nine months ago there was a horrific head-on crash between two trucks right opposite the school, just before school began. The children were told not to come to school and those who had already arrived were sent home because it was such a horrific sight for them to pass. It is a very dangerous area as it is the approach to the 50-kilometre-per-hour zone. The turnoff to the school is almost invisible from the highway and it comes on motorists very quickly. Flashing lights are definitely needed there and the speed limit should be cut back to 40 kilometres per hour. The reason the speed zone has not been introduced is that the road does not go past the school; the turnoff leads to a little road that goes to the school. However, the school grounds face the highway, which is very dangerous.

Other areas of Grafton also need flashing lights. When the announcement was made a couple of years ago that flashing lights would be rolled out to all New South Wales schools we all expected big things. We thought it would happen in a matter of 12 months. There are about 25 schools in the Clarence and one set of flashing lights has been installed, on the highway. There are many areas of high traffic volume and a mixture of infant, primary and high schools located together. Grafton High School is one such example. The infants school is over the road from the high school and the primary school is half a block away. It is really a dangerous mix when vehicles are milling around dropping off kids and there is through traffic as well.

I would like to raise many matters, but the one I would like the Minister to take note of has been raised before and, unfortunately, just been dismissed. I refer to Broadwater Public School on the Pacific Highway at Broadwater, which I mentioned earlier. It is a very dangerous area. There was a fatal accident there last year and another young student was hit by a car 300 metres from the school within a month of that fatal accident. That area needs flashing lights. I commend the member for Ryde, Victor Dominello, for raising this vital issue today.

Mr VICTOR DOMINELLO (Ryde) [12.48 p.m.], in reply: I thank members representing the electorates of South Coast, Smithfield, Cabramatta, Keira and Clarence for their contributions to this important debate. I will raise three points in reply. The first is the issue raised by the member for Smithfield. The Government asserts that the reason the school zone signs and lights were installed after the accident was that there was a re-assessment. Despite my earlier requests it was subsequently established that that zone needed flashing lights. As the member for South Coast pointed out, that was merely an excuse.

The Government tried to justify its decision but that decision should be referred to correctly as an excuse. People make mistakes and that was a bad mistake. The second point I raise relates to the comment made by the member for Smithfield that Peter Olsen's lights were unreliable. Peter Olsen's lights, which have been installed throughout my electorate, have received applause from the media, parents and teachers. On many occasions parents have said to me that when they drive to school and see speed signs alerting them to check their speed they are reminded to slow down in that zone.

The other day, when I was travelling at 50 to 55 kilometres an hour down Herring Road, I saw the flashing signs that were installed by Peter Olsen and I thought to myself, "Thank God I saw those signs and I was able to slow down." I hope that no-one deliberately travels at speed through any school zone. Sometimes people need to be reminded that it is the time of day when kids might be crossing the road. Peter Olsen's lights cost approximately $1,500 each and the Government's lights cost approximately $58,000 each. It is appalling that the Government has not spoken to Peter Olsen and said, "You are doing such a great job that you should implement these lights throughout the State." The third and final issue that I raise relates to priority. The member for Smithfield said, "Safety of our children in schools zones is our Government's highest priority."

Mr Ninos Khoshaba: It is one of our priorities.

Mr VICTOR DOMINELLO: By way of interjection the member for Smithfield said that it is one of the Government's many priorities. The member for Cabramatta said, "The safety of our children in school zones is a top priority for our Government." The Minister rightfully acknowledged this as being an important issue, but said that it had to be couched in certain terms and seen in context in relation to government resources. I applaud the member for Smithfield, the member for Cabramatta and even the Minister for their comments. This should be a top priority not just of this Government but also of any government. After examining the chronology of what happened we are able to establish that it is not a priority of this Government, as it is taking way too long to implement. In April 2006 the Roads and Traffic Authority published a report that concluded that flashing lights were effective in reducing vehicle speeds outside school zones, and that speed reductions were statistically significant.

In October 2006 the Roads and Traffic Authority indicated that it would install 100 flashing lights throughout the State at a cost of $7.2 million, or about $72,000 per sign. In January 2008 the State Government announced a plan to install 400 lights at a cost of $46.5 million. That is remarkably slow progress, given that a 2008 Roads and Traffic Authority report states that these lights work. We are now four years down the track and countless schools still do not have the protection of these flashing lights. I witnessed the anguish on parent's faces when they read what was reported about the tragedy that occurred at North Ryde Public School. We do not want that to happen again.

Mr NINOS KHOSHABA (Smithfield) [12.54 p.m.], in explanation: Under Standing Order 65 I wish to be heard briefly in explanation. The member for Ryde misquoted me and said that in my contribution to debate on the motion I had referred to Peter Olsen. At no stage in my contribution did I refer to Peter Olsen.

Question—That the amendment be agreed to—put.

The House divided.

Question resolved in the negative.

Amendment negatived.

Motion agreed to.
Debate called on, and postponed on motion by Ms Alison Megarrity.

Mr GEOFF PROVEST (Tweed) [1.03 p.m.]: I move:

That this House:

(1) notes that 17 May 2009 will be the fifth anniversary of the Government's axing of the Casino to Murwillumbah rail service; and

(2) requests the State Government to immediately:

(a) allocate funding to introduce a light rail service in line with the "Getting the North Coast Back on Track" 2007 election policy, which mirrored that of North Coast train lobby group Trains on our Tracks [TOOT].

(b) identify and reserve a rail corridor to complete the missing link to Queensland's proposed railway station at the Gold Coast airport; and

(c) apply for Federal Government funding under the Building Australia Fund for the following much needed projects:

(i) recommencement of rail services from Casino to Murwillumbah; and

(ii) immediate planning and construction of the Murwillumbah to the Gold Coast airport link.

It will be six years this May since the New South Wales Labor Government removed the Casino to Murwillumbah train service. However, my motion takes the matter further. On the other side of the border the proactive Queensland Labor Government—it is a pity its southern counterparts do not talk to it—have already started extending the rail line from Brisbane. Currently, we have 4.1 kilometres of dual carriageway from the Queensland border to Varsity Lakes. Queensland has a rail reserve running past Tugun airport and terminating at Gold Coast airport. Its plans are in and it is only a matter of time before they proceed.

The Gold Coast airport is the sixth most popular airport in Australia and is a crucial link for our regional area. This year around five million passengers will pass through the airport on direct flights from Asia, Japan, America, and soon from Dubai. When those passengers arrive at the Gold Coast airport about 38 per cent of them will turn south, but there is no effective public transport to carry them. As a candidate in the 2007 election, I—like many members in this place—advocated for the reinstatement of the Casino to Murwillumbah rail service. The motion also calls for funding to identify a rail route from Murwillumbah through Tweed Heads terminating beside the Gold Coast airport.

A recent Southern Cross University study estimated that about 2,000 students would use the Casino to Murwillumbah rail line daily. The survey estimated also that 3,500 students would use the line if it took them to the Gold Coast. As I have stated, currently there is no cross-border cooperation between our two States on public transport. Pensioners travelling by bus must disembark at Coolangatta and purchase another ticket to travel across the border for medical or social reasons. Our region needs this rail line now. Recently Queensland received $350 million for the construction of light rail to run from Southport adjacent to the Gold Coast Highway, into Coolangatta Airport and on to Coolangatta. The irony is that that proposed line will follow the same route the Queensland Government ripped up in 1960. Effectively, this will make the Gold Coast airport a major transportation hub for the whole region. All I am asking for is planning money and for the New South Wales Government to talk to the Queensland Government.

I took the liberty of writing to the Queensland transport Minister because such a proposal would benefit my area and change the economics of that State's plan. The Minister agreed that I should meet the director of Queensland Rail to discuss the possibility of connecting both rail lines to form an integrated transport hub not just for south-east Queensland but also for Casino and all the other local electorates. Our region has a very active lobby group, Trains on our Tracks. I have stood shoulder to shoulder with its members—who wear red shirts—throughout this affair.

We are advocating not for the return of the XPT but for a light or a heavy rail system that operates at least 16 times a day between the two States, transporting thousands of people. Members on the other side of the House will say that of course Queensland would agree to such a proposal because it receives a greater portion of GST funds. However, I remind them that the Tugun bypass, which was opened last year, has five of its seven kilometres in this State but was funded by the Federal and Queensland governments because a funding agreement could not be reached with New South Wales. Former Treasurer Michael Costa sent Queensland a land tax bill of around $250,000 when the New South Wales Government did not provide one cent towards the project.

We must progress the Casino to Murwillumbah rail service because it is the future. The hot topics at the moment are addressing greenhouse gas emissions and global warming, and constructing a rail line between the Gold Coast and Casino is an extremely environmental plan. Tweed workers have finally started work on the Roads and Traffic Authority's section of the Sexton Hill upgrade, which is expected to carry around 60,000 vehicle movements a day. In the next 10 years traffic movements are expected to increase to well over 100,000 vehicles daily.

Sexton Hill is one of the worst black spots on the Pacific Highway. The rail service is needed. We need to be able to connect to Queensland; it is a great national-building exercise. Approximately 30 per cent of people in the Tweed work in Queensland, and 12 per cent of children cross the border to attend school. The proposed rail link has featured in various election promises from both sides of the House. Even illustrious Labor leader Mark Latham promised the return of the service. This motion is not about looking after a particular electorate or group of people; it is about linking the eastern seaboard through an effective public transport system—something we have not come close to achieving.

About two years ago I lodged a freedom of information application. The two Premiers, Morris Iemma and Peter Beattie, had met and said that a cross-border committee on future transport study would be convened. At the time a brochure stated that the Premiers would discuss the future of rail, road and other forms of public transport. The response to my application was provided in the other House. After two years of work, it was five pages long. Has any government document about the future of public transport on the North Coast, exploring connections into Queensland, ever been five pages long? That is a clear example of the ineptitude of the New South Wales Labor Government. Basically, the response was that the Government needed to hold another meeting about the issue.

My motion has the support of my colleagues and of local communities. The working people of the Gold Coast and the Tweed need an effective public transport system. Currently there is a missing link. We need to restore the rail service and, more importantly, we need planning and money. We need to talk to our Queensland counterparts about locking in the planning and construction of the link. Previous economic studies had the rail service terminating at Murwillumbah, and there was a resistance to using buses. However, the connection would provide a seamless transport hub, which is what people are crying out for. It will benefit not only the people of the Tweed but also many people up and down the coast as well as our Queensland neighbours. Further, it will bring new economic gains. I do not want to hear that subsidies are greater in the cities, because no-one has ever properly costed and planned a rail line connection into Queensland.

Anna Bligh and the Queensland Labor Party are on the move, and have done their plans. I have a copy of Queensland's plans, which show that the Queensland Government is building four kilometres of rail line in New South Wales. That says it all! The member for Maitland shakes his head in disbelief. People up and down the coast shake their heads in disbelief that the Queensland Government is to fund a rail and road network in New South Wales. If one considers the disastrous metro that was planned for Sydney, one understands their disbelief. Let us get fair dinkum. Let us make some commonsense decisions and at least provide funding to commence planning the interlink into Queensland—put it on the drawing board now. Once again, I am 100 per cent for the Tweed and for the train.

Mr FRANK TERENZINI (Maitland) [1.13 p.m.]: I oppose the motion moved by the member for Tweed. It is amazing that a member of the Liberal Party, a member of the Opposition, can stand in this place and, with a serious face, talk about transport.

Mr Steve Cansdell: Liberal Party?

Mr Geoff Provest: The Tweed is a member of The Nationals.

Mr FRANK TERENZINI: You are all part of the same group. It takes guts for the member for Tweed to say he is a member of The Nationals. Imagine the member for Tweed addressing a crowd: he would have to ensure that at least 50 people attended so that, on average, he had at least one supporter. If 100 people attended, he would have two supporters—two is company. Is it a safe bet that he would have one supporter in 50 people? Returning to transport, members will recall that great project, the airport link, of which not 1¢ was to be paid by taxpayers. The Leader of the Opposition was involved in that project and $800 million went down the gurgler. Opposition members do not say anything about that. In the Liberals-Nationals policy room, with the old corflutes and dusty furniture, is an old cupboard, and the airport rail link policy is in the bottom drawer. It has been consigned to the dustbin. Members opposite have no credentials whatsoever in the public transport debate.

Turning to the motion, the member for Tweed says that he is 100 per cent for the rail link. Perhaps he should spend some time becoming 100 per cent knowledgeable about what is happening in his electorate. Obviously he does not know that the New South Wales Government, in conjunction with the Queensland Government, put together a Cross Border Transport Taskforce comprising senior representatives from the New South Wales Ministry of Transport and Queensland Transport to look at the long-term needs of the area and recommend what action is to be taken now to prepare for growth.

Mr Geoff Provest: Five pages!

Mr FRANK TERENZINI: I know members opposite do not want to hear this; they are using the old tactic of trying to drown me out. The member for Tweed does not know about the task force. He does not appreciate that both jurisdictions must work together to discuss Queensland-New South Wales transport options.

ACTING-SPEAKER (Ms Diane Beamer): Order! The member for Tweed will come to order. He will have an opportunity to reply to the debate.

Mr FRANK TERENZINI: I was happy to afford the member for Tweed the courtesy of listening to what he had to say.

Ms Lylea McMahon: As boring as it was.

Mr FRANK TERENZINI: Yes, it was disappointing; it was empty. The contribution by the member for Tweed was like cereal without the milk. It is disappointing that he does not extend the same courtesy to me, but I can understand why. It is because those opposite have absolutely nothing. There is no policy from the Opposition. The task force concluded that the community wants local transport. It wants to integrate local transport and cross-border jurisdictional issues. In short, people need local public transport. These days an increasing number of people travel from northern New South Wales to the Gold Coast and Brisbane, often to work or study. The new bus contracts, already rolled out as part of the rural and regional bus reform process, aim to ensure viable services.

Mr Geoff Provest: They are a joke.

Mr FRANK TERENZINI: No, the member for Tweed should listen. They aim to ensure regular service reviews, community consultation, cooperation with neighbouring operations, and performance and financial reporting. They provide an opportunity to improve service delivery by better matching available resources to community demand. NSW Transport and Infrastructure is working with Queensland Translink and the local operator, Surfside, to explore how fares and ticketing might be better aligned to promote more seamless cross-border travel. Improvements have been made to taxi services in the region.

Mr Geoff Provest: So they can go to the airport!

Mr FRANK TERENZINI: The member for Tweed is a new member but it has not taken him long to get into the groove of opposing everything. Everything is negative; everything is no good. That is Opposition mode. The people of New South Wales look to those opposite, the alternative government, who are putting up their hands and saying "Pick me", but all they can come up with are shadow policies.

Mr Joseph Tripodi: Shadow Ministers for shadow policies.

Mr FRANK TERENZINI: I do not know what that means—perhaps it just confirms that they are in the dark. Whenever Government members talk about our policies we are drowned out by carping, whingeing and whining. Nothing is ever any good. Opposition members who put up their hands and say, "Pick me, I want to be the government", do not put forward any credible policies. Do they offer any ideas? Not one.

Mr Geoff Provest: The train line.

Mr FRANK TERENZINI: They talk instead about something that happened five years ago.

Mr Geoff Provest: It is six years this year you took it away.

Mr FRANK TERENZINI: That happened six years ago. Remember what they say about the past: It is a foreign country; they do things differently there. That is the past—and it is probably why Opposition members have been on that side of the House for as long as they have. Members opposite do not look forward and they do not look at what people want today. We are not talking about five years ago; we are talking about what people want today. We are talking about combining the resources of the New South Wales and Queensland governments to provide a good local integrated transport plan.

ACTING-SPEAKER (Ms Diane Beamer): Order! The member for Tweed will come to order.

Mr FRANK TERENZINI: I am trying to explain, but I am having trouble because members opposite continue to interject. We are used to their injections; they interject because they have nothing else to offer. As a result of that unprecedented cooperation between the governments on both sides of the border, a new dual rank taxi plan has been implemented. I do not know whether the member for Tweed has heard of that.

Mr Geoff Provest: It doesn't work.

Mr FRANK TERENZINI: We hear more carping and whinging about a new policy that has been implemented and works well. It has greatly improved services for local passengers. A dual rank enables passengers to choose their taxi depending on which State they travel to, and operators from both sides of the border are allowed to pick up passengers from these ranks. That sounds like a good idea. It is a good idea and it is working well.

Mr Geoff Provest: It's not working.

Mr FRANK TERENZINI: Once again, all we hear from the member for Tweed is negativity. I remind the member that one great thing that affected New South Wales was the $2 billion in GST that was ripped out of New South Wales by the Federal mates of members opposite. Abbott and Costello signed it, but members opposite do not mention that.

ACTING-SPEAKER (Ms Diane Beamer): Order! Members will cease interjecting.

Mr FRANK TERENZINI: New South Wales has shown enormous leadership in the circumstances, given that we have been completely ripped off by about $2 billion in GST. We have put together these plans despite our handicaps. The $2 billion that went west, north or south was unavailable to New South Wales. If members opposite were in charge under those circumstances, we would have absolutely nothing. If they ever get into government they will rip the guts out of New South Wales. The Labor Government has a great track record in implementing plans. The dual taxi rank business is a great example of giving local people local ideas and solutions.

CountryLink XPT and Xplorer trains and coaches carry more than one million passengers each year through a range of destinations in New South Wales. What do members opposite say about that? Is that not a good thing? Carrying one million passengers on the XPT is no good either. I will continue. CountryLink is providing improved services across a number of northern New South Wales towns. It now links Bexhill, Eltham and Binna Burra. Do those names sound familiar? An additional eight towns have access to CountryLink services from Casino, including Bangalow, Mooball, Burringbar, Chinderah, Clunes, Pottsville, Hastings Point and Bogangar. Do those names sound familiar to the member for Tweed? I could go on but all those places now have transport links.

ACTING-SPEAKER (Ms Diane Beamer): Order! The member for Tweed will cease interjecting.

Mr FRANK TERENZINI: Throughout my contribution the member for Tweed has continually complained. Nothing we do is right for the member. Perhaps he should put his 100 per cent effort into spending time on the ground locally to find out what his constituents want and what is happening, not what he says is happening. Then he would see that the Government is communicating and cooperating with Queensland to ensure that his constituents get the best.

Mr DONALD PAGE (Ballina) [1.23 p.m.]: I strongly support the motion moved by the member for Tweed. I indicate that the member for Lismore, the member for Clarence and I strongly support the motion. I make the observation to the member for Maitland that the main reason we have the current member for Tweed in the Chamber today and not the former member for Tweed, Neville Newell, to debate the motion is precisely this issue. It may be almost six years since Minister Costa closed rail services on the Casino to Murwillumbah line, but the issue is still hot in northern New South Wales. It was a major issue at the last State election, where Labor lost the seat of Tweed and The Nationals won the seat of Tweed. If the Government has not learnt anything from that, that is good luck to us. I simply make the point that Labor campaigned on a policy of not putting any trains on that line and it got flogged in the seat of Tweed.

I commend the member for Tweed for this motion and for his proactive approach not only to getting transport on the Far North Coast but also to integrating it with what is happening in south-east Queensland. The member was 100 per cent right when he referred to the active approach of the Queensland Government and the complete absence of proactive behaviour by the New South Wales Labor Government in terms of an integrated transport system, and rail in particular. It is disgraceful to think that $350 million was wasted on the city metro, which has been scrapped, when the Government's best estimate of the cost of reinstating trains—not the XPT, but commuter and tourism services—was $150 million. For the $350 million that the Government wasted on the metro we could have two lots of trains on the Casino to Murwillumbah line.

The Labor Government has no credibility when it comes to this issue. I remind members that 12 months before services on the Casino to Murwillumbah line were removed the Labor Government gave an iron-clad commitment—and members will remember this in the 2003 election campaign—that it would not take trains away. Guess what? Within 12 months the Government took the trains away. That has to be one of the biggest acts of political bastardry I have witnessed in 22 years in this place. Not only that, we have also had commitments from Federal members, including the member for Richmond. In her inaugural speech she talked about public transport. She said:

… in particular, a long-term commitment must be made to the restoration of our XPT trains—

we do not want that; we want commuter services and tourist trains—

Many locals are very positive about Federal Labor's long-term commitment to restoring the train …

Then Martin Ferguson said that he would put the trains back on the line. In 2004 on ABC radio Jenny Macklin promised that:

A Federal Labor government would commit $150 million over 10 years to restore the Murwillumbah to Casino rail line in northern New South Wales.

Federal Labor has been in government for two years and what have we seen? Absolutely nothing! Labor is a party of hypocrisy and broken promises. It has no vision and is short-term in its thinking. The opportunities for northern New South Wales in terms of not only commuter services but also tourism in particular by putting trains back on that line and extending those services into Queensland are immense. Currently, 1.75 million tourists come to Byron Bay each year.

Mr Frank Terenzini: The council doesn't want them.

Mr DONALD PAGE: Some members of council do not want them, but the general population realises that tourism is the lifeblood of Byron Bay and we must have tourists. One thing we can do with the rail line is organise a tourist train out of Byron Bay and up to Bangalow and Lismore, with a commuter train that travels on the same route. Members should remember that we have a university and a base hospital at Lismore. People in Lismore want to go to Byron Bay and people in Byron Bay want to go to Lismore. Members on this side of the House want to see that positive action. It is not too expensive to put back the trains—the Government's figure was about $150 million. Other studies indicate that it is a lot less than that. The Opposition is committed to this motion. Unfortunately the Labor Party is not. [Time expired.]

Ms LYLEA McMAHON (Shellharbour—Parliamentary Secretary) [1.28 p.m.]: I have three short comments to make. I have a history lesson for the member for Tweed. Originally the airport link was not going to cost the taxpayers one dollar; instead, it cost $800 million.

Mr Thomas George: Point of order: This motion is specifically about the Casino to Murwillumbah rail service; it has nothing to do with Sydney airport. But that is typical of Government members. They think everything is in Sydney, but this rail line is on the North Coast.

ACTING-SPEAKER (Ms Diane Beamer): Order! I am sure the member for Shellharbour will refer to the motion.

Ms LYLEA McMAHON: The Greiner Government canned the Maldon to Dumbarton rail link.

Mr Steve Cansdell: Point of order: My point of order is under Standing Order 129. The comments of the member for Shellharbour have nothing to do with the motion moved by the member for Tweed.

Mr Frank Terenzini: You have got the wrong standing order.

Mr Steve Cansdell: I think she has got the wrong debate. As the member for Maitland said, we are not going backwards, we are going forwards.

ACTING-SPEAKER (Ms Diane Beamer): Order! I am sure the member for Shellharbour will return to the leave of the motion.

Ms LYLEA McMAHON: Two billion dollars of this State's GST was ripped out by Abbott, Costello and Howard—and we did not hear a word from those opposite!

Pursuant to standing orders business interrupted and set down as an order of the day for a future day.

[The Acting-Speaker (Ms Diane Beamer) left the chair at 1.30 p.m. The House resumed at 2.15 p.m.]

The SPEAKER: I bring to the attention of members the issue of the republication of extracts from Hansard by members themselves or for distribution to third parties and the rebroadcasting of video or audio footage of the proceedings of Parliament or provision of such footage to third parties. Members will shortly receive a briefing note outlining a number of issues in relation to the republication and rebroadcasting of parliamentary proceedings either in the form of Hansard or in the form of audio or visual footage available from the Parliament. I want to highlight some of the more important points raised in that briefing note:

In relation to parliamentary privilege, members should be aware that while absolute privilege attaches to the publication of parliamentary proceedings in Hansard and on the Parliament's website, any subsequent republication or rebroadcasting by members or others is not afforded the same protection. Consequently, any person who publishes excerpts from Hansard or official footage may be exposed to legal liability if the material is defamatory. The republication or rebroadcast of parliamentary proceedings which includes defamatory material may, however, be protected under the defences to the publication of defamatory material under the common law and division 2 of part 4 of the Defamation Act 2005, sections 25 to 33. Those defences include the defence of justification, the defence of qualified privilege and the defence of fair report.

In relation to the conditions that are set out in the briefing note for the republication or rebroadcasting of parliamentary proceedings under the Parliament's Webcast Conditions of Access and Copyright Notice, I advise members that the conditions are aimed at ensuring, to the greatest extent possible, that any republication or rebroadcast of parliamentary proceedings is considered to be fair and undertaken in good faith.

Ms KRISTINA KENEALLY: I inform the House that on 10 March 2010 Ms Angela D'Amore was appointed Parliamentary Secretary Assisting the Minister for Police and Assisting the Minister for Climate Change and the Environment.

[Question time commenced at 2.23 p.m.]

Mr BARRY O'FARRELL: My question is directed to the Premier. Given that families are already paying increased water bills because of the Premier's unwanted desalination plant, a monstrous motor tax to pay for her botched Rozelle metro and now more for electricity because of her failure to maintain infrastructure, can she explain why families should continue to pay for Labor's incompetence?

Ms KRISTINA KENEALLY: I thank the Leader of the Opposition for his question today.

Mr Richard Amery: You don't get many!

Ms KRISTINA KENEALLY: No. As the member for Mount Druitt pointed out, I do not get many questions from the Leader of the Opposition. He had a day off yesterday, didn't he? The Independent Pricing and Regulatory Tribunal [IPART] is an independent regulator set up by the Coalition Government in 1992 when the current Leader of the Opposition was the then party director, when good members such as the member for Wakehurst duly voted it into law and when the member for the Upper Hunter spoke in favour of it. All of us are concerned about IPART's decision today because it will impact on New South Wales families who are already dealing with increased costs of living.

We cannot ignore the reality of rising energy costs here, around the country or indeed around the world. People know that this is one of the great challenges of our time. They want governments to come up with solutions, not to score cheap political points that will not change energy costs one iota. We will not sit on our hands while families are struggling. That is why we are expanding and increasing the energy rebate program to more than one million New South Wales households from 1 July this year. From 1 July this year more than one in three New South Wales households will have access to direct financial assistance from the New South Wales Government. This takes the Government's total customer assistance funding program to $320 million over five years.

All Commonwealth healthcare cardholders with an energy account, pensioners, single parents, low-income cardholders, students and households receiving farm family assistance will now be eligible for the $145 rebate. This energy rebate will be increased indexed to energy prices, not to the consumer price index. So as prices rise, so will our support. Today this approach has been already welcomed by the Combined Pensioners and Superannuants Association, the Council of Social Service of New South Wales and the Public Interest Advocacy Centre. To suggest that energy costs will not increase, either with or without IPART, is nonsense. Everyone knows that. What matters is that we have practical solutions that we can offer to support families in meeting those costs, and that is precisely what we are delivering. We have an energy supply that has 99.97 per cent reliability and we are working to improve that reliability, not to jeopardise it. That is why we will continue to invest in electricity and we will continue to support families as these prices increase.

Mr ROBERT FUROLO: My question is directed to the Premier. How is the New South Wales Government supporting jobs and infrastructure?

Ms KRISTINA KENEALLY: I thank the member for Lakemba for his question. I recently visited his electorate to see stimulus housing under construction and to meet apprentices who are working on site.

The SPEAKER: Order! I call the member for Lismore to order.

Ms KRISTINA KENEALLY: Members will be pleased to note that today we have commenced the 5,303rd stimulus house in New South Wales. In the past year we have seen unprecedented construction in New South Wales, supporting jobs and traineeships, and delivering better facilities in this State. Underpinning New South Wales' success are laws that this Government introduced to fast-track and to streamline the approvals process. We are reviewing how these successful measures might be integrated into our efforts to build the country's best planning system in New South Wales.

Planning certainly underpins economic management and economic development. Even the Opposition's counterparts in Western Australia recognise that. That is why they are implementing reforms similar to those that we have introduced in New South Wales. But in New South Wales the Liberal Party has vacated the space. Its members do not want to bother. They say, "Why? Develop a policy? No, we don't need to do that." Their approach is, "We'll just ask Max the Axe to do it." Do we remember Max the Axe? The much-anticipated infrastructure review that was going to come from Max the Axe—

The SPEAKER: Order! Members on both sides of the House will come to order.

Ms KRISTINA KENEALLY: When this great initiative—commissioning Max the Axe to write a report—was announced in February 2009 the Sydney Morning Herald quoted a senior Opposition source as follows:

As we prepare for government, we are now shifting our focus to providing solutions—putting forward publicly what needs to be done.

The sands of policy development shift very slowly over on the Opposition side.

The SPEAKER: Order! The member for North Shore will come to order.

Ms KRISTINA KENEALLY: In that same newspaper story the Leader of the Opposition promised that the report would be ready by the end of the year. When did we get the report? It was two months late. A report that was going to speed up the delivery of infrastructure was delivered two months late. Did the report recommend fast-tracking planning approval? Did it recommend accelerated delivery of infrastructure? Did it contain just one measure to get anything happening more quickly? No, it did not. It promised a bureaucratic structure that looked vaguely familiar. Let us go back to that paper of record, the Sydney Morning Herald, this time on 18 February 2010. It said:

The opposition's approach differs little from the way infrastructure spending is assessed through the Budget sub-committee on which both the Treasurer and the Premier sit at present.

So it was very similar to what we already do. The Sydney Morning Herald went on to say:

… it is not clear how the opposition's plan would deliver the gains the opposition anticipates.

The Sydney Morning Herald further said:

While the opposition has been finalising its new policy, the Government has accelerated the planning approval process within the Department of Planning, while seeking to use more broadly the same fast-track approval process to implement the Federal Government's stimulus package—

Mr Adrian Piccoli: Point of order: My point of order is under Standing Order 129, relevance. The question was about jobs. We know the Government has no ideas and all it can do is read out policy documents from the Coalition. We are very flattered.

The SPEAKER: Order! The member for Murrumbidgee will resume his seat. I will hear further from the Premier.

Ms KRISTINA KENEALLY: The Sydney Morning Herald went on to note—

The SPEAKER: Order! I call the member for Murrumbidgee to order.

Ms KRISTINA KENEALLY: —that over the past 15 months this Government pushed through a large number of major projects, moved recently to install independent planning panels and remove politics from planning decisions, and has sped up the approval process.

The SPEAKER: Order! I call the member for Willoughby to order.

Ms KRISTINA KENEALLY: That is what we are doing on this side of the House. In the 12 months it took the Opposition to produce one report—

Mr Adrian Piccoli: Point of order: Mr Speaker, you have ruled before on the matter of members addressing the Chair rather than addressing the camera.

The SPEAKER: Order! I will deal with that situation by seeking to install more cameras in the Chamber. The House will come to order.

Ms KRISTINA KENEALLY: As I was saying, in the 12 months that it took the Opposition to produce one report we passed the Nation Building and Jobs Plan (State Infrastructure Delivery) Act, created partnerships with the private sector, approved and got underway 5,000 public housing dwellings and more than 3,400 school infrastructure projects, with more than 16,000 workers going to work on site, more than 2,700 of whom had apprenticeships and traineeships. That is why today New South Wales is the State with the fastest economic growth and we defied the national trend when our unemployment rate dropped last week by 0.2 per cent. If the Opposition had its way at both State and Federal level, Australia would be in a recession today. Actions speak louder than words. Our approach is to take practical steps delivering real jobs, real homes, real classrooms and real libraries. Opposition members took 12 months to produce one report. They are sound and fury, signifying nothing.

Mr ANDREW STONER: My question is directed to the Premier. With regional motorists about to be slugged with a big new tax for Sydney transport why should a typical residential country energy customer be slugged up to an extra $918 per year by 2013 to pay for Kevin Rudd's emissions trading scheme and this Government's failure to maintain the electricity network, which is hundreds of dollars extra compared to that paid by city energy customers?

Ms KRISTINA KENEALLY: I appreciate the question. I am disappointed that the Leader of The Nationals did not ask me about Bundarra, because I have a photo of the area. I am more than happy to give it to him if he wants to drop by. The Western Advocate of Thursday 18 March said, "The Nationals Leader Andrew Stoner questioned Ms Keneally, holding up a photograph of her during the trip to drought-stricken Bundarra regions in northern New South Wales." What did the Leader of The Nationals tell the reporter?

The SPEAKER: Order! The House will come to order.

Mr Andrew Stoner: Point of order: Standing Order 129. The extra charges for electricity that country people are going to face are an issue of great concern to them. The Premier is making a mockery of the issue by not answering the question.

The SPEAKER: Order! I remind the Premier of the question before the House.

Ms KRISTINA KENEALLY: I have just outlined to the House the measures that this Government is introducing to support families through this electricity price rise.

Mr Adrian Piccoli: Point of order: My point of order is under Standing Order 129, relevance. The question was about the price differential between country and city energy consumers.

The SPEAKER: Order! The member for Murrumbidgee will resume his seat. Has the Premier concluded her answer?

Ms KRISTINA KENEALLY: Yes.

Ms MARIE ANDREWS: My question is to the Minister for Health. How is the New South Wales Government supporting clinicians in my electorate?

Ms CARMEL TEBBUTT: I thank the member for Gosford for her question. I know that she has a deep interest in the health and welfare of her constituents. As I have said on so many occasions, the New South Wales Government takes patient safety seriously. We have reporting systems that are best practice worldwide. We continue to improve our high standards of care. In recent weeks the New South Wales Government has appointed clinical pharmacists at Gosford and Wyong hospitals. Appointing clinical pharmacists was one of the key recommendations that Peter Garling made in his very comprehensive review of acute care services in New South Wales. The appointments on the Central Coast will significantly improve the way medicines are used in hospitals, leading to fewer errors and shorter hospital stays for patients.

In emergency departments, clinical pharmacists improve the accuracy, appropriateness and cost-effective use of prescription medicines. They obtain accurate medication histories from patients, assess the best way to manage medications and identify potential adverse drug reactions. Clinical pharmacists can also educate patients about prescribed medications and can advise junior doctors and nurses on their best use. In short, this demonstrates how we on this side of the House carried out a comprehensive review of acute care services through the Garling review, provided a detailed response through our Caring Together health action plan and then delivered on our commitments.

Of the 11 recently appointed clinical pharmacy positions in the Northern Sydney Central Coast Area Health Service, 3.5 full-time equivalent appointments will be at Gosford and Wyong hospitals. These include emergency department pharmacists, a pharmacy educator and a pharmacy intern, all of whom will strengthen the quality of hospital care on the Central Coast. They are part of the $36.8 million the Government will spend over four years to employ 79 pharmacists in hospitals in New South Wales.

Mr ADRIAN PICCOLI: My question is directed to the Minister for Education and Training. If, according to her website, there is a standard design for the construction of covered outdoor learning areas [COLAs], including draft architect plans, why has the Minister allowed managing contractors to charge $70,000 for design documentation for every COLA built in New South Wales under her BER—Big Education Rip-off?

Ms VERITY FIRTH: I was wondering how long it would take Opposition members to ask me a question about this. This issue has been bubbling along for some days in this week's newspapers. I have been awaiting a question from Opposition members. The member for Murrumbidgee, riding on his big white charger, and late as usual, is hardly Mr Current Events. I am happy to answer this question, but before I do it is important to remind the House that the Building the Education Revolution [BER] is putting $5 billion into New South Wales schools.

In addition, figures released last week by Treasury show that if the Federal Government and the State Government had not acted when they did, an additional 200,000 Australians would be unemployed today. Thousands of apprentices and trainees got a start only because of Labor's economic stimulus packages. If we had taken the advice of those opposite, more than 200,000 Australians would have been out of work today. Opposition members would have led this country into recession. It might not matter much to the spivs and toffs opposite but it does matter to the people that they represent; an additional 200,000 jobs matter to families in New South Wales and to those who are taking those pay cheques home.

The SPEAKER: Order! The House will come to order. The Minister will direct her comments through the Chair. I call the member for Bega to order.

Ms VERITY FIRTH: Late last year the upper House, in a scandalous and blatant political action, demanded every piece of—

Mr Barry O'Farrell: Point of order: My point of order relates to relevance under Standing Order 129. The question was very specific. Why did the Minister claim on her website that there was a standard design for the construction of these areas, and why is the Government being charged several thousands dollars for each covered outdoor learning area?

The SPEAKER: Order! The Leader of the Opposition will resume his seat. I will hear further from the Minister.

Ms VERITY FIRTH: The upper House, in a scandalous and blatant political action, demanded every piece of paper relating to the New South Wales Government's delivery of the BER program. I inform members that 336 boxes of material were delivered, at a cost to the taxpayer of over half a million dollars. Every relevant document was placed before the upper House, and these documents are still available to every Opposition member and to every member of the public. After poring over these documents for months—

Mr Andrew Stoner: Point of order—

The SPEAKER: Order! Government members will come to order.

Mr Andrew Stoner: My point of order relates to relevance under Standing Order 129. The Minister's answer is completely irrelevant to the question that was asked. Taxpayers are concerned about the $70,000 fee—

The SPEAKER: Order! The Leader of The Nationals will take a point of order, not debate the matter.

Mr Andrew Stoner: It was a very specific question.

The SPEAKER: Order! I will hear further from the Minister. I remind her of the question before the House.

Ms VERITY FIRTH: Every document was pored over by Opposition members and they found absolutely nothing. The BER is the most heavily audited—

The SPEAKER: Order! The Leader of the Opposition will come to order. The member for Fairfield will come to order.

Ms VERITY FIRTH: This is probably the most heavily audited and transparent program of any public expenditure ever undertaken in Australia's history. Let us tick off who already has oversight of the BER. The National Audit Office is looking into the program. The Senate has a public inquiry into expenditure, which is due to visit New South Wales soon to conduct open hearings. In addition, last year I announced the formation of an audit squad, which has already carried out 102 audits of school projects. Further, the Audit Directorate of the Department of Education and Training manages this program, and the probity auditor of the Nation Building and Jobs Plan Taskforce, Deloittes, and the Independent Commission Against Corruption all have oversight of the New South Wales Government's expenditure on this program. All this information is transparent and publicly available on the BER website for all to see.

Mr Adrian Piccoli: Point of order: My point of order relates to relevance under Standing Order 129. The question was not about inquiries; it was about the Government being charged $70,000 for something that I got off the website.

The SPEAKER: Order! The member for Murrumbidgee will resume his seat. The Minister's answer is relevant to the question that has been asked.

Ms VERITY FIRTH: The simple fact—something that Opposition members have yet to grasp; they really do not understand this—is that the New South Wales Government took its construction of school buildings under the BER to the market. Hundreds of builders have quoted for works through an open tender process. The price for these buildings is the price that has been set by that open tender market procedure.

The SPEAKER: Order! I call the member for Wakehurst to order.

Ms VERITY FIRTH: Because of the way in which the BER in New South Wales has been designed, it has delivered amazing value for government money. Let me tell members why.

The SPEAKER: Order! The House will come to order. I have extended a degree of latitude today, but I will not extend any more. The Minister has the call.

Ms VERITY FIRTH: Something that is not understood by Opposition members—perhaps they do not have a lot of dealings with—

The SPEAKER: Order! I call the member for Hawkesbury to order. I call the member for Cessnock to order.

Ms VERITY FIRTH: We have a benchmark value that we pay for projects. That benchmark value is calculated by comparing costs for projects all across the State under the BER and under the "business as usual" program of the Department of Education and Training.

The SPEAKER: Order! I call the member for Lismore to order for the second time. I call the Leader of the Nationals to order. I call the member for Murrumbidgee to order for the second time.

Ms VERITY FIRTH: At the end of this program we will pay a maximum of 105 per cent of that benchmark value. If the costs blow out on a project, that risk will be borne by the managing contractor. We will pay only 5 per cent more than what we estimate is a fair price. The risk is borne by the private sector—by the managing contractor and not by the public purse. That is what we managed to engineer in New South Wales to deliver value for money in an historic building program that is providing jobs and twenty-first century facilities. When I visit those schools—I visited Russell Lee Infants School the other day—I hear nothing but excited comments about the program that is being rolled out across this State.

Dr ANDREW McDONALD: My question is addressed to the Minister for Education and Training. What is the latest information on Hurlstone Agricultural High School?

Ms VERITY FIRTH: There is no doubt that the member for Macquarie Fields has done more than anyone else in this House to secure a positive future for Hurlstone Agricultural High School. He is in close contact with the school's parents and citizens association, with the school council, and with residents in the community around the school, and he has lobbied hard to secure a positive outcome for that school. I am happy to inform the House today that the Government has accepted the findings of the Peters report into the school's future. I have instructed the Department of Education and Training to abandon plans to sell the majority of farmland from the school site. I have also accepted the report's recommendation to sell 10 hectares on the western edge of the site, with 100 per cent of the proceeds being used to revitalise the school, including improving the boarding facilities and farm infrastructure.

I am sure members on this side of the House would support this approach. A committee involving the school community will be established to work through the inquiry's other recommendations, including establishing new modern agricultural disciplines at the school, building greater links between Hurlstone and neighbouring schools and agricultural research facilities, and appointing a full-time operations manager for the farm. The Peters report is a detailed positive account of the views of stakeholders and experts. It outlined a vision for the school that is comprehensive and compelling—a vision this Government will implement.

Mr JOHN TURNER: My question is directed to the Premier. Given that the Minister for Primary Industries granted an exploration licence for a training mine for the Hunter Valley at the bargain basement price of $1.2 million and his Labor mate John Maitland stands to gain more than $10 million from the project, will the Premier now hold an independent inquiry into the granting of the licence?

Ms KRISTINA KENEALLY: This initiative is a practical measure to ensure the safety of workers in the mining industry. I am advised that it will provide much-needed training and employment opportunities. I am advised that workplace safety is an important part of this project. It is too important to play political games with and I defy anyone to say that an initiative aimed at saving lives is a bad thing. The proposal underpinning the licence application has community backing and support from both sides of politics, including people such as former Liberal Party Minister Milton Morris, AO. I understand other backers include the Westpac rescue helicopter, the University of Newcastle, the Hunter Valley Training Company, the Retired Mineworkers Association and the Australian Council of Trade Unions.

The exploration licence is not an approval to develop a mine. The company will need to seek approval through the State's comprehensive planning approvals process. The licences are subject to strict conditions, including those of the landholder liaison program, environmental safeguards and a clause committing the company to establish the training mine. I repeat: This is an important initiative supported by both sides of politics that will help New South Wales miners directly.

Mr ROBERT COOMBS: My question is addressed to the Minister for Ports and Waterways. Would the Minister update the House on the Government's efforts to increase coal exports from the Hunter?

Mr PAUL MCLEAY: I thank the member for his question and ongoing interest in the Hunter Valley Coal Chain. From 1 January the Hunter Valley Coal Chain Agreement came into effect. Members would know that Newcastle port is the world's largest coal exporting port. Last year 90 million tonnes of coal was exported through that port. The Hunter Valley Coal Chain Agreement will lead to a doubling of that capacity from 90 million tonnes to 180 million tonnes annually by 2016. The agreement was led by government, adopted by industry and supported with the industry's commitment. The agreement will lead to the creation of $5 billion worth of new infrastructure, boost revenue by $6.5 billion each year, lead to the creation of 25,000 jobs along the supply chain additional to the 16,000 current jobs, and benefit the State by $500 million worth of coal royalties annually.

Australian industry has embraced this agreement. However, some concern has been expressed from our partners in Asia, specifically Japan, about how these reforms will impact on their productivity. That is why later this month I will lead a small delegation of Australian businesses to Tokyo to help explain the new agreement to the benefit of the Japanese steel mills and power utilities. Last year Japan alone shipped more than $5 billion worth of coal through Newcastle port. This agreement has laid the groundwork for a prosperous Hunter Valley. I commend all the parties for reaching this significant agreement.

Mr PETER BESSELING: My question is addressed to the Minister for Health. What measures will be put in place to deal with expected increases in winter admissions for the already stretched facilities at the Port Macquarie Base Hospital?

Ms CARMEL TEBBUTT: I thank the member for Port Macquarie for his question. We have had many discussions about Port Macquarie hospital. I know he cares deeply about what happens at his hospital. The North Coast Area Health Service is implementing a range of strategies at Port Macquarie Base Hospital to deal with the increase in demand that typically occurs in winter not just at Port Macquarie but also across the State. These strategies include opening a new medical assessment unit by the end of this month; negotiating with individual surgeons about the potential for them to undertake some booked surgery at Port Macquarie Private Hospital; opening the day procedure unit for extended hours to provide the hospital with emergency department overflow capacity; and expanding the use of alternatives to hospital admissions, especially the available number of transition aged care places. These strategies should provide Port Macquarie Base Hospital with up to 20 additional beds this winter.

I am surprised to hear any interjections from those opposite while I am speaking about issues concerning Port Macquarie Base Hospital. If I was a member of a government that was responsible for an approach to health that resulted in taxpayers paying twice for Port Macquarie hospital and then it was given away, I would be keeping quiet during any speech about Port Macquarie hospital.

The SPEAKER: Order! Members on both sides of the House will come to order.

Ms CARMEL TEBBUTT: When the Coalition was in office it certainly did not cover itself in any glory over Port Macquarie Base Hospital. We all know that we on this side of the House had to pick up the pieces so that the member for Port Macquarie now has an effective publicly run hospital that delivers to the people in his community. We certainly recognise that Port Macquarie, like many areas of the State, has a growing and ageing population.

The SPEAKER: Order! The Leader of The Nationals will come to order.

Ms CARMEL TEBBUTT: We have plans in place to meet the increased demand expected during winter. I look forward to continuing to discuss with the member for Port Macquarie issues dealing with his hospital.

The SPEAKER: Order! The House will come to order. Hansard will not be able to hear the next question.

Mr KERRY HICKEY: My question is addressed to the Minister for Ageing. How is the New South Wales Government supporting Seniors Week in my electorate?

Mr PAUL LYNCH: I thank the member for his question and for his support of Seniors Week and of those organisations in his electorate that are arranging events during Seniors Week. The member for Cessnock and I had the opportunity several weeks ago to attend the Barkuma Neighbourhood Centre in Kurri Kurri, which is organising events in Seniors Week. This State has 1.3 million people aged 60 years or over. Our commitment to that group of people is seen through our support for Seniors Week. Almost 700 events will occur during Seniors Week. Last year a quarter of a million people participated in Seniors Week events. A similar number of people are expected to participate in those events again this year.

Within the Cessnock electorate a number of groups have been funded for Seniors Week activities. They include the Beresfield and District Community Care, which is running a seniors eco-family activities week with a number of events and activities, some of which the member for Cessnock will participate in. Cessnock City Council is organising some picnic day activities and Barkuma Neighbourhood Centre is organising cultural connections through walkabout events. For 52 years this State has celebrated Seniors Week. It is a celebration of the contribution of seniors to this community and the extraordinary work they have undertaken over a lengthy period of time.

The theme this year is Live Life, which is about encouragement for active participation in the community by seniors. Often in public debates when we talk about the ageing population and demographic changes, we focus exclusively on the problems and the challenges. Of course, that is part of the issue of ageing, but we are doing a range of things to address that. Often a public debate manages to create ageing as a problem. Somehow we have managed to develop a public debate that getting old is a bad thing. Seniors Week should not be about expressing being older as a problem; rather, it should be that living longer is a good thing.

That is something we should celebrate; that is the sort of thing that should be celebrated during Seniors Week. Seniors Week activities will be officially launched on Sunday with Seniors Awards presentations. Concerts will be held over two days that will cater for at least 30,000 people. These are particularly good and positive activities. I encourage all members to follow the fine example of the member for Cessnock and actively support Seniors Week.

Mr KEVIN HUMPHRIES: My question is directed to the Premier. Given that on 5 February 2010, in relation to the Dalwood residential centre, the Premier said, "The residential program will continue and that commitment is ironclad", why is she again letting down parents of rural and regional children with learning difficulties by closing the facility and making the alternative accommodation option available only until the end of term two?

Ms KRISTINA KENEALLY: I did make that commitment to retain the residential component of the program until the end of term two, until we could work with the parents of the children who participate in that program and design a service model that delivers better ongoing results for those children. We are mindful that this program often does not support children, particularly children from Aboriginal families who do not send their children to the residential component of the program. We also wanted to design a program that saw the results that children achieved through the residential component of the program, and that they were able to maintain those results in their home schools. That is why we are working with the parents; that is why we are working with the education department, and that is why we will continue to work to improve services for children who need this additional support.

Mr DAVID HARRIS: My question is addressed to the Premier. What is the Government's response to community concerns about the Opposition's plans to slash funding to disability services?

Ms KRISTINA KENEALLY: It is the Australian way to ensure that we provide a fair go for all, especially those who need a helping hand.

The SPEAKER: Order! The House will come to order.

Ms KRISTINA KENEALLY: I thank the member for Wyong for raising this issue. I have been with him in his electorate as we visited services that are funded by the Government, services that support some of the most vulnerable people in the community in Wyong and on the Central Coast. I know his passion for supporting the most vulnerable in our community.

The SPEAKER: Order! I call the member for Bathurst to order.

Ms KRISTINA KENEALLY: It was with great alarm that I read—as did the member for Wyong, the Minister for Disability Services and the Minister for Community Services—comments made by the Leader of the Opposition in the Sydney Morning Herald on 11 March 2010. He said:

If you're the minister for community services, if you're the minister for disabilities, it is important that you understand that without economic growth … the budget for your department will be constricted …

Mr Barry O'Farrell: Absolutely true. Is that a revelation?

Ms KRISTINA KENEALLY: That is his approach. He has confirmed that today by interjecting, "Absolutely true".

The SPEAKER: Order! The member for Willoughby will come to order.

Ms KRISTINA KENEALLY: That is the approach that he will take if the economy faces challenges. If we go through a difficult economic period, how would an O'Farrell government respond? It would take an axe to the most vulnerable people in the community.

The SPEAKER: Order! I call the member for Bega to order for the second time.

Ms KRISTINA KENEALLY: That is precisely what he would do.

The SPEAKER: Order! I call the member for Bega to order for the third time.

Ms KRISTINA KENEALLY: It is important to note that during the global financial crisis this Government made tough decisions. Those tough decisions allowed us to protect—

The SPEAKER: Order! I call the member for Willoughby to order for the second time.

Ms KRISTINA KENEALLY: The member for Willoughby should remember that her Leader signed off on the airport rail link—$800 million down the hole.

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

Ms KRISTINA KENEALLY: During the global financial crisis, this Government took those tough decisions. We protected the economy, we preserved the triple-A credit rating and we still delivered Stronger Together, our $1.3 billion plan, an historic investment into disability services. We did not respond by taking an axe to the most vulnerable in the community. Shame on them for saying that is the approach they will take. This is the clear choice for Australian families and families in New South Wales. There can be the Max the Axe approach to supporting the most vulnerable in the community, or there can be an approach that puts the most vulnerable at the centre of government, right at the heart of government. The Labor Government will always advocate for children and families, especially those who are doing it tough. On the other hand, the Opposition will punish them. We have rebuilt the child protection system that the Coalition Government took apart, brick by brick.

The SPEAKER: Order! The Leader of the Opposition will come to order. Members on both sides of the Chamber will come to order.

Ms KRISTINA KENEALLY: The Opposition fired 1,000 caseworkers.

The SPEAKER: Order! I call the Leader of the Opposition to order.

Ms KRISTINA KENEALLY: And they closed a quarter of Community Services offices. Shame on them. On the other hand, the Labor Government has allocated $750 million to improve the safety of children.

The SPEAKER: Order! I call the member for Coffs Harbour to order.

Ms KRISTINA KENEALLY: The Minister for Community Services, under this Government's leadership, has $750 million to improve the safety of children. The former Coalition Government sacked child protection specialists.

The SPEAKER: Order! The Leader of the Opposition will not conduct a debate across the Chamber.

Ms KRISTINA KENEALLY: And they underspent the budget for child protection—shame on them. Despite increasing reports of children at risk, they underspent the budget.

Mr Barry O'Farrell: Point of order—

The SPEAKER: Order! The Premier will resume her seat. Government members will come to order.

Mr Barry O'Farrell: My point of order is under Standing Order 129, relevance. As is regrettably shown in the Ombudsman's report, more children died on their watch—

The SPEAKER: Order! The Leader of the Opposition will resume his seat.

Mr Barry O'Farrell: —than at any time in history.

The SPEAKER: Order! The Leader of the Opposition will resume his seat.

Ms KRISTINA KENEALLY: Children at risk, who suffered under the last Coalition Government, would suffer again if they ever got elected.

The SPEAKER: Order! I call the member for Coffs Harbour to order for the second time.

Ms KRISTINA KENEALLY: Shame on them. That makes people wonder—

The SPEAKER: Order! The House will come to order. The Leader of the Opposition is showing disregard for the Chamber.

Ms KRISTINA KENEALLY: It makes one wonder why the member for Goulburn wants to punish the vulnerable children of this State in this way. But then again, she is pretty keen to punish caseworkers.

Mr Adrian Piccoli: Point of order: Again, the Premier is making unfounded and disgusting accusations about a member of the Opposition.

The SPEAKER: Order! Government members will come to order.

Mr Adrian Piccoli: Suggesting that any member of Parliament wants to punish vulnerable children—I mean, seriously—we did not take it the other day from that grub over there, and we are not going to take it from that grub.

The SPEAKER: Order! The member for Murrumbidgee will resume his seat. That is not a point of order.

Ms KRISTINA KENEALLY: Her approach to supporting vulnerable—

Mr Adrian Piccoli: Mr Speaker—

The SPEAKER: Order! Is the member for Murrumbidgee rising on a point of order?

Mr Adrian Piccoli: I ask that the Premier withdraw that statement.

The SPEAKER: Order! If a member believes an offensive remark has been made, he is entitled to ask for it to be withdrawn. Does the Premier wish to withdraw?

Ms KRISTINA KENEALLY: No, I will not. I will not, because let me quote from the Daily Telegraph. This is how the member for Goulburn approaches young people who want to be caseworkers and are just trying to make a difference. She said—

Mr Adrian Piccoli: Point of order—

The SPEAKER: Order! The member for Murrumbidgee has taken a point of order and the Premier is responding to it. That is appropriate. This is not a debate; it is a response to a point of order.

Ms KRISTINA KENEALLY: The member for Goulburn said that caseworkers should be investigated for malpractice because people lift their performance when there are punishments. Shame on her! How constructive is that?

Mr Adrian Piccoli: Point of order: If members want to attack other members they must do so by way of substantive motion. The Premier accused the member for Goulburn of attacking not Department of Community Services workers but vulnerable children. Mr Speaker, you pulled up that grub. Now pull up that grub.

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

Mr Adrian Piccoli: She should withdraw that statement.

The SPEAKER: Order! I have put that to the Premier and she has responded.

Mr Michael Daley: Point of order: Hansard should record that the misogynistic member for Murrumbidgee referred to the Premier as a grub. That is highly objectionable.

The SPEAKER: Order! All members will come to order. They will not engage in inappropriate conduct.

Mr Donald Page: Point of order: I refer to your ruling on 24 March last year in relation to questions that seek information about alternative policies. You said that Standing Order 126:

… explicitly provides that questions seeking information may be asked by any member to Ministers relating to public affairs, matters under the Minister's administration and proceedings in the House for which they have carriage. Under this standing order questions seeking information in relation to alternative policies are strictly out of order, as they are outside the scope of a Minister's responsibility. This position is also reinforced in Erskine May's Parliamentary Practice … which states:

Questions are out of order if they relate to opposition party policies rather than to the government's responsibilities.

My point is that the second half of the question is out of order and because it is out of order the Premier's answer is irrelevant under Standing Order 129. I had intended to take a point of order at the beginning of the Premier's answer, but I was prepared to give her some latitude. As the second half of the question is out of order, the Premier's answer is irrelevant under Standing Order 129.

The SPEAKER: Order! I have ruled that the question is in order. The Premier has the call.

Ms KRISTINA KENEALLY: There is no greater matter of public concern than protection of children, care for the most vulnerable, support for people with a disability—

The SPEAKER: Order! I call the member for Goulburn to order.

Ms KRISTINA KENEALLY: —all of which this Government is doing. The Opposition has threatened to cut and to punish caseworkers who work in the system. The Opposition has threatened to punish young people who want to be caseworkers and who want to support the most vulnerable in the community.

The SPEAKER: Order! The member for Goulburn will cease interjecting.

Ms KRISTINA KENEALLY: The families of New South Wales should be concerned. A picture is emerging of a party that will step on anyone to get into government. If members opposite had been at the zoo when Mr Shuffles fell into the pond they would have punched him in the trunk.

Question time concluded at 3.14 p.m.

Mr Kerry Hickey, as Chair, tabled the following reports:

(1) Report on the Twelfth General Meeting with the Police Integrity Commission, dated March 2010

(2) Report on the Tenth General Meeting with the Inspector of the Police Integrity Commission, dated March 2010

Ordered to be printed on motion by Mr Kerry Hickey.

Ms Sonia Hornery, as Chair, tabled the report entitled "Progress Report on the Committee's Activities: Meeting Rural and Regional Communication Needs", dated March 2010.

Ordered to be printed on motion by Ms Sonia Hornery.

The Clerk announced that the following petitions signed by fewer than 500 persons were lodged for presentation:

Petition requesting the rebuilding of the Hornsby Ku-ring-Gai Hospital, received from Mrs Judy Hopwood.

Petition requesting funding for and the commencement of construction of a new Wagga Wagga Base Hospital in this parliamentary term, received from Mr Daryl Maguire.

Petition asking that the House support the establishment of a satellite renal dialysis service in Tumut, received from Mr Daryl Maguire.

Petition asking that vital equipment be provided immediately to both Tumut Hospital and Batlow Multiple Purpose Service, received from Mr Daryl Maguire.

Petition requesting funding for a second respite house and the provision of accessible access to the existing respite premises in the Wagga Wagga electorate, received from Mr Daryl Maguire.

Petition opposing any reduction in rail services on the South Coast line, received from Mrs Shelley Hancock.

Petition opposing the relocation of and reduction in staff on the South Coast Illawarra rail line, received from Mrs Shelley Hancock.

Petition requesting adequate toilet facilities on the corner of the Princes Highway and Sussex Road, received from Mrs Shelley Hancock.

Petition requesting funding for safety improvements on the Little Forest Road-Princes Highway at Milton, received from Mrs Shelley Hancock.

Petition requesting improved access to Hawkesbury River railway station, received from Mrs Judy Hopwood.

Petition requesting fair negotiations with TAFE teachers, received from Mrs Judy Hopwood.

Petition opposing the proposed expansion of sandstone quarry operations at Champions Quarry in Tuckurimba, northern New South Wales, received from Mr Thomas George.

Petition opposing any adoption law changes that take away the right of adopted children to be raised by a mother and a father, received from Ms Katrina Hodgkinson.

Petition requesting a 24-hour-a-day police presence in Yamba, received from Mr Steve Cansdell.

Petition requesting funding for the establishment of a new police station in the central Shoalhaven area, received from Mrs Shelley Hancock.

Petition opposing the Independent Pricing and Regulatory Tribunal recommendations to increase retail electricity prices from between 44 per cent and 62 per cent, received from Mrs Shelley Hancock.

Petition requesting the water level be reduced from 1.25 metres to 0.9 metres to allow the manual opening of Burrill Lake to alleviate community concerns and reduce the negative environment effects of the lake closure, received from Mrs Shelley Hancock.

Petition requesting that Cowan households be connected to a mains sewer service, received from Mrs Judy Hopwood.

The Clerk announced that the following petitions signed by more than 500 persons were lodged for presentation:

Petition requesting that mobile breast screen units be reinstated in areas within the North Coast Area Health Service, received from Mr Donald Page.

Petition requesting community consultation in relation to the building of Department of Housing homes in the Ryde electorate, received from Mr Victor Dominello.

Petition opposing the current decision of the Office of Water regarding the distribution of the water held in the Wyangala Dam to the lower Lachlan Valley, received from Mr Adrian Piccoli.

Mr ADRIAN PICCOLI, by leave: I wish to make a personal explanation. During question time the Minister for Police accused me of being a misogynist because I took umbrage at comments made by the Premier accusing a member of this Chamber, irrespective of political inclinations, of attacking vulnerable children. In the same week in which you ruled on the use of inappropriate language and the Minister for Police had to come into the Chamber on bended knee and apologised for an equally crude remark he made, we get similar behaviour from the Premier. Members should not accept such accusations without challenging them. I did refer to the grub, and in an absolutely gender-neutral way I accused the Premier of the same behaviour of which I accused the Minister.
Mrs JILLIAN SKINNER (North Shore—Deputy Leader of the Opposition) [3.17 p.m.]: My motion should be accorded priority as it reflects the rally held by nurses from across Sydney West Area Health Service during the lunch hour today. The nurses came from hospitals at Westmead, Nepean, Blue Mountains, Lithgow, Mount Druitt, Blacktown and many others. In particular, my motion refers to staffing levels, including the freeze on filling nurse vacancies, and bed closures. My motion is along the same lines as the notice issued by the nurses union calling for locals to support their rally. At the rally nurses distributed a letter addressed to the Premier and the Minister for Health and authorised by the branch secretary of the New South Wales Nurses Association at Nepean Hospital. The letter stated:

We condemn the New South Wales State Government for its lack of action and mismanagement of the New South Wales public health system by completely failing to address the issues faced by health care workers across the Sydney West Area Health Service.

It points out that the area is in crisis due to inadequate funding by the State Labor Government, it refers to cuts to beds and so on, and it calls on the Government to revoke the current staffing freeze across the area and immediately advertise externally to fill all current vacancies. At the rally outside Nepean Hospital today the Nurses Union representative talked about patient care being compromised. In terms of nurse vacancies at Nepean Hospital, he said 14 full-time equivalent positions had been identified as vacant in the emergency department and 20 in the maternity department. That is ironic, given that the Government's health website now shows only three vacancies in maternity and no vacancies in the emergency department.

That is proof positive that the Government fudges vacancy figures. No wonder patient care is compromised and nurses who are rushed off their feet are so demoralised that they are leaving the system in droves. No wonder elective surgery waiting lists are at record highs. In fact, at those hospitals nearly 8,000 patients are waiting for elective surgery, the worst being Nepean Hospital with 2,500 people waiting for elective surgery, 142 of whom have been waiting more than 12 months. At Westmead it is not much better, and almost 1,300 patients at Auburn. I notice the member for Auburn is in the Chamber. I would expect her to vote to support the nurses protesting outside her hospital. There are 1,133 patients waiting for elective surgery.

At the rally the State Secretary of the New South Wales Nurses Association said that Blue Mountains Hospital is under increasing pressure and demand because of a 50 per cent drop in bed numbers at Lithgow Hospital which impacts because patients then flow on to Blue Mountains Hospital, to the Nepean Hospital which is already struggling to cope, and on to Bathurst Hospital, in another area health service. Emergency departments in those hospitals are also struggling to cope, with 36 per cent of emergency patients at Westmead, 31 per cent at Blacktown hospital and 30 per cent at Nepean hospital who need to be admitted for further treatment having to wait longer than eight hours. Shame on this Government! I condemn the Government for not standing up for nurses and other health workers who do their very best. They are very committed staff who hold the hospital system together but they have been abandoned by this Government.

The Government pays lip-service to them but does not support them by making sure there are sufficient numbers of them to do the right thing by their patients. This Government has offered experienced frontline nurses redundancy packages and that is why there are so many vacancies in the emergency department at Nepean Hospital and similar hospitals. That is why staff at Westmead are so demoralised. I have been told by its doctors and staff that they do not report all critical incidents that occur at the hospital because they do not have the time, resources or staff to fill in the forms to be sent to the Clinical Excellence Commission. It is a disaster. It is bad for patients, and it is shocking for nurses and other clinical staff who are demoralised and let down by this Government.

Mr GRANT McBRIDE (The Entrance) [3.22 p.m.]: My motion should be accorded priority so that the House can condemn the Opposition for putting factional politics ahead of the families of New South Wales by making their first question without notice yesterday about a Liberal preselection battle in Sydney’s east. The reputation of the New South Wales Parliament should not be taken for granted yet once again the Opposition has turned this place into a house of disrepute by using question time as a device for its campaign for Saturday's preselection in Randwick.

Question—That the motion of the member for North Shore be accorded priority—put.

The House divided.

Question resolved in the negative.

Question—That the motion of the member for The Entrance be accorded priority—put and resolved in the affirmative.

Mr GRANT McBRIDE (The Entrance) [3.32 p.m.]: I move:

That this House condemns the Opposition for putting factional politics ahead of the families of New South Wales by making their first question without notice yesterday about a Liberal preselection battle in Sydney's east.

The reputation of the New South Wales Parliament is something that should never be taken for granted and yet, once again, the New South Wales Opposition has turned this place into a house of disrepute. How? By using question time for internal party politicking. It is outrageous. I can see that the member for Sydney agrees with me. When the Opposition Leader asked the first question yesterday he chose to ignore the good people of this State. He cast them aside. He chose to fulfil an entirely political, factional and downright selfish objective. He chose to ask a question about policing, which seemed relevant enough on face value. It was not until after question time that we saw how relevant the question really was—not to the Parliament, but to the internal politics of the New South Wales Liberal Party, of which the member for Terrigal is a major player.

Mr Chris Hartcher: I am proud to be a member.

Mr GRANT McBRIDE: Except for the fact that he has no control over the Liberal Party members on the Central Coast. If they did not have Mike Gallacher, the member for Terrigal would be a rebel totally. I acknowledge the member for Terrigal and thank him for his interjection. It was not until after question time that we saw how relevant the question really was—not relevant to the people of this State but relevant to the grubby inner machinations of the New South Wales Liberal Party. It all became clear. It was after question time that the Opposition Leader rolled out of this House, raced down to his office and hit the "send" button on the joint media release with his factional ally. Think of it this way: There is a candidate in a preselection. The Leader of the Opposition uses the first question, which normally takes on the major issue of the day, and confronts our Premier of New South Wales—who is the Opposition's Premier as well—

Mr Chris Hartcher: Absolutely. We are paying her something.

Mr GRANT McBRIDE: But what do they do? They go for a preselection out in the eastern suburbs, in the seat of Coogee—the racing capital of Australia.

Mr Paul Pearce: The world.

Mr GRANT McBRIDE: The world—thank you. What do we get? It all became clear. After question time the leader rolls out. Conveniently enough, the Liberal Party is holding a preselection this Saturday, and unfortunately there is no racing at Randwick on Saturday—it is at Rosehill—but we know that there is going to be a bit of racing within the Liberal Party. How convenient that the Opposition Leader should suddenly and miraculously become vocal on the issue of Sydney's east. It is just before the bitter preselection battle for the seat of Coogee.

Mr Chris Hartcher: Bitter.

Mr GRANT McBRIDE: It is. I have some friends in your party too. It is not just a one-way street, that is for sure. When Barry hit "send" on his media release, the truth was revealed. The Opposition Leader was reduced, after his first question of the day, to engaging in a cheap media stunt intended to bolster support for his factional mate. Does the member opposite want to tell me if that is correct: Is he the odds-on favourite on Saturday at Randwick?

Mr Chris Hartcher: You are telling the story.

Mr GRANT McBRIDE: It is Randwick councillor Bruce Notley-Smith.

Mr Malcolm Kerr: Point of order: Question time has concluded.

The DEPUTY-SPEAKER: Order! That is not a point of order—but it was original!

Mr GRANT McBRIDE: As I said, what we find is support for a factional mate, Randwick councillor Bruce Notley-Smith.

Mr Paul Pearce: Good working-class family.

Mr GRANT McBRIDE: A good working-class name, my colleague points out. The Leader of the Opposition asked the question in question time to leg-up his choice for the main race in Randwick on Saturday. Look at the media release. I would have loved one of those when I was going for preselection. Here we have a media release from the Leader of the Opposition. Two people are authorising it—leader Barry O'Farrell and Randwick councillor Bruce Notley-Smith. What a gem it is. Is it telling everyone what is going to happen on Saturday? It has got to be telling everyone. And what about you, mate? You would have loved that for your pre-selection, there is no doubt about that.

Mr Ray Williams: Point of order: I am just checking if the member for The Entrance knows who I am.

The DEPUTY-SPEAKER: Order! That is not a point of order. The member for The Entrance has the call.

Mr GRANT McBRIDE: The member is well known. He is the member for Hawkesbury. To use this House as a springboard for media gimmicks in favour of factional allies—I am sure everyone in this Parliament, including me, is truly appalled.

Mr Chris Hartcher: Appalled.

Mr GRANT McBRIDE: Thank you. I did not go to Saint Ignatius College.

Mr Chris Hartcher: You didn't make it?

Mr GRANT McBRIDE: No, I didn't make it.

Mr Chris Hartcher: You failed the exam, didn't you?

Mr GRANT McBRIDE: No, I didn't have the money to go, like some people did. When he directed his question to the Minister for Police yesterday, the Opposition Leader chose to ignore the parliamentary convention of his predecessors, that the Opposition Leader asks the first question of the Premier. It is little wonder he cannot look the Premier in the eye given his habit of fleeing when faced with a strong adversary. Let us talk a little about the race field. I think it is very interesting.

Mr Richard Amery: The form guide.

Mr GRANT McBRIDE: The form guide, yes. I have to thank Kevin Greene, who is quite knowledgeable in these sorts of matters. He has given me some fantastic advice. I have mentioned councillor Bruce Notley-Smith. He has a lot of form, but I understand it really relates to the hard right factional support he could possibly get in this particular race. We will see what happens. To give him credit, he also served as the mayor of Randwick in 2007-08 and 2008-09. He has a bit of form, but there is not a lot going for him. Let us look at some of the others. There is another interesting one. I am not sure if that person is in the House at the moment. He has most probably chosen to leave, but he might come back. There will be a reply, so we can go into that later.

Mr CHRIS HARTCHER (Terrigal) [3.39 p.m.]: I move:

That the motion be amended by leaving out all words after "That" with a view to inserting instead:

this House:

(1) notes the first question without notice referred to the closure of Malabar Police Station;

(2) notes the Government's closure of police stations including Kincumber, Berowra, Brooklyn and the downgrading of other stations; and

(3) condemns the Government for its ongoing reduction of police services in New South Wales.

Websites are wonderful things: yesterday the website said that Malabar police station was open, Berowra police station was open and Brooklyn police station was open, but today, after the Opposition leader's question yesterday, the website does not show Malabar police station as being open; it is deleted. Brooklyn police station has been deleted from the website and Berowra police station has also been deleted. I will not say more about those two police stations as we have in the House the excellent member for Hornsby, who has been an extraordinary fighter for police services in her electorate. However, I am honoured to have the Minister for Police in the House, who when asked by the Leader of the Opposition yesterday the question that is the subject of this motion carefully avoided answering it. He did not refer at all to Malabar police station in his answer but simply talked about crime indicators in New South Wales. According to him there are 17 indicators and 16 have been reduced. I ask the Minister whether that is a fair summary of his answer.

Mr Michael Daley: Stable or falling.

Mr CHRIS HARTCHER: It is indeed a fair summary, but Malabar police station, which is in his electorate, did not get a mention because when anybody went to Malabar police station it was closed. The people of his electorate, whom he has pledged to serve, are being denied the fundamental police services to which they are entitled. How appropriate it is for a person who has been a mayor of Randwick and who has served the municipality and people of Randwick, which is in the electorate of Coogee, to draw the attention of the Leader of the Opposition to that fact. Bruce Notley-Smith is, along with other candidates, an excellent candidate.

The problem for the Liberal Party—it is a genuine problem—is the great surplus of talent. When the race caller calls the race, to use the analogy of the member for The Entrance, some thoroughbreds spring right out of the box. They are manned by a whole range of top jockeys. Look at the Opposition front bench—top jockey after top jockey, riding thoroughbreds. The member for The Entrance quite rightly referred to factional politics. He used to have a great colleague in the member for Wyong, Paul Crittenden, of happy memory. The relationship between the member for The Entrance and the former member for Wyong can be compared to that between North and South Korea. It was a demilitarised zone. It was heavily fortified. Nobody could cross it—

Mr Grant McBride: Point of order: I raise the issue of relevance under Standing Order 129. I point out that the relationship of the member for Terrigal with Paul Crittenden was far superior to mine.

The DEPUTY-SPEAKER: Order! There is no point of order.

Mr CHRIS HARTCHER: Paul and I are mates. He is an absolute top bloke. Grant and I are mates most of the time but there are times when our friendship is tested, and that is a difficulty we both have to deal with. Grant did not go to my school, as he pointed out. Grant would have been a great adornment to my school and I do not deny that. We have turned out some thoroughbreds and will turn out some more.

Mr Richard Amery: Gosford reform school, was it?

Mr CHRIS HARTCHER: The member for Mount Druitt interjects that Grant went to Gosford reform school. No, Grant did not go there. Gosford reform school would not have him. They turned him down and refused his application!

Mr Grant McBride: Point of order: Standing Order 129—relevance. Just a moment ago the member for Terrigal was lauding me and saying he would have been proud for me to be at the same school as he was. You have to be one way or the other, Chris. You cannot be left and right at the same time.

The DEPUTY-SPEAKER: Order! There is no point of order.

Mr CHRIS HARTCHER: On Saturday in Coogee a democratic party will open its nominations, people will nominate and the members of the party in that area will select a candidate.

Mr Ray Williams: Like in Robertson.

Mr CHRIS HARTCHER: How does that contrast with the Australian Labor Party and its system of N40s and national executives? Indeed, as the member for Hawkesbury just interjected, the one contrast to that has been in my area and that of the member for The Entrance where only last Saturday week there was an outstanding preselection for the Labor candidate for Robertson. I will not go into detail but what an extraordinary story that was. Not just the Central Coast but all of Australia descended upon that little CWA hall at Woy Woy to find out who had won at six o'clock that night.

Mr Ray Williams: They all went away happy.

Mr CHRIS HARTCHER: They went away happy. It is amazing how 97 preselectors can make nine million people happy, but they did it. It is Labor's one achievement in New South Wales since 1995. When those horses bolt at Randwick next Saturday there will be a winner of the preselection, but more significantly—I note the presence in the House of the member for Coogee—there will be a winner on 26 March 2011. Whoever is preselected to contest Coogee on Saturday, I promise the preselectors they will be applauding a winner on 26 March 2011. Paul, it has been great to have you here. That photo of you and Bob Carr on the front page of the (sydney) magazine a few years ago showing what champion swimmers you were was a worthy valedictory for you. It was a worthy farewell. The photo of the member for Coogee will be on Facebook—"I was there with Bob Carr, but we were losers together on 26 March 2011." [Time expired.]

Mr PAUL PEARCE (Coogee) [3.46 p.m.]: I was quite surprised by the speech of the member for Terrigal. Taking a shot at the police was an unfortunate thing to do. It is a police website, not a Government website that he was referring to. It is run by police officers. The member pointed out a simple error from the police. He had a go at the police yet again. Opposition members claim to support the police but they take every opportunity to embarrass them. I also like his comment that the Liberal Party runs thoroughbreds. I like the One Nation thoroughbred they are running in The Entrance. There is a thoroughbred candidate for you!

I support the motion. The Leader of the Opposition has been exposed as lazy, so lazy in fact that instead of encouraging his colleague to hit the pavement and talk to preselectors he is willing to use this House as a channel for cheap media gimmicks to back his horse. What is that colourful phrase we have heard lately about lights, camera and no action? The Leader of the Opposition is all about "lights, camera and get my mate endorsed". We know the Leader of the Opposition is incapable of doing anything for the people of New South Wales. This is the guy who is expected to roll off the couch and into government next year. He will not put forward a policy. He will not even look the Premier in the eye in this House. Instead he hides from the Premier, hides from the people of New South Wales and hides from the facts.

We are here to give people the facts. Let us look at the facts about the police. Police do not fight crime sitting behind a desk in a police station. This might come as a surprise to the Opposition. The community expects the police to be on the street in their cars or on their bikes to provide a visible presence. That is what the police from the Eastern Beaches Regional Command do.

Mr Ray Williams: Point of order: The people of Hawkesbury would like their police to be out on the job if there were enough of them at Windsor police station.

The DEPUTY-SPEAKER: Order! There is no point of order. The member for Hawkesbury will resume his seat.

Mr PAUL PEARCE: Some of our police stations are many years old and are no longer suited to modern policing. Indeed, there is a program to replace them with more modern police facilities throughout the State. Some of them are historic substations to the main station in the local area command, often housing only a single police officer who, in order to keep the station open, cannot leave their desk. The Government is providing the police with the best resources. That is why there is more than $74.6 million in the 2009-10 budget alone for building new police stations and upgrading old ones. My compliments to the Minister for his efforts in that regard. The recent police budget provided for construction works to start, continue or finish on 37 new police stations.

The New South Wales Police Force constantly reviews its property assets to ensure that our police have the best available equipment, facilities, station resources and office space to serve their local communities. Opposition members would find interesting the facility at Maroubra junction—a first-class facility for police in the eastern beaches command. The sale of old, unused or outdated sites enables the police force to allocate funds towards building better police stations and providing better resources and facilities to fight crime. Prior to making any favourable decisions in relation to the sale of any property the police carry out a rigorous consultation process at a local and regional level to ensure that all operational, crime and community issues are considered.

Did the Leader of the Opposition bother to consider that before he spoke in the House yesterday and huffed and puffed about policing in Sydney's east? Of course not! He was too busy playing factional games. Instead of using question time to ask the Premier questions—apparently he is too weak to do so—he cooked up this nonsense that has only one purpose, and that purpose relates to Saturday. It gave him a reason to stagger to his keyboard, momentarily fuelled up on a Pepsi Max, and to bash out a media release to support his mate the Liberal councillor in Randwick. What a farce! Talk about vacating the field! We have national health reform on our agenda, a $50 billion transport plan that is out for consultation, and new education initiatives in our schools, but the Leader of the Opposition does not want to question the Government on any of those things.

This is just part and parcel of the Coalition—no policy, no ideas and no substance; just grubby politics. The greasiest fingerprints of them all belong to the Leader of the Opposition. We can see his fingerprints all over the release, using our police as collateral so he can back his own nag racing in the Notley-Smith stakes at Randwick.

Mrs JUDY HOPWOOD (Hornsby) [3.51 p.m.]: I strongly support all the views put forward by Opposition members and support the amendment to the motion, which is in the following terms:

That the motion be amended by leaving out all words after "That" with a view to inserting instead:

this House:

(1) notes the first question without notice referred to the closure of Malabar police station;

(2) notes the Government's closure of police stations including Kincumber, Berowra, Brooklyn and the downgrading of other stations; and

(3) condemns the Government for its ongoing reduction of police services in New South Wales.

It is disgraceful that we are debating a motion of this nature when the people of New South Wales are facing many serious issues. Earlier the Deputy Leader of the Opposition sought to introduce a motion to debate health and other issues, but we are debating a frivolous motion that is a total and appalling waste of the time of everyone in this House. The motion moved by the member for The Entrance makes light of a serious issue—that is, policing. This raises the question of how any Government member can defend the moving of such a disgraceful motion.

I represent the seat of Hornsby, in which there are two police stations. In July last year Brooklyn police station was sold. On Tuesday last week at 3.30 p.m. Berowra police station was sold. The plan was cobbled together in a city office, the station was sold on a sitting day, and no local member could express concern about it. It was horrifying for members to learn that two police stations in the Hornsby electorate were sold in the space of about seven months, when community policing is supposed to be what this Government is about. This cynical Government, which needed cash to boost Treasury coffers, did away with community policing. Two vital police stations in a huge electorate have gone under the hammer. From Hornsby to Brooklyn it is 34 kilometres—too far for immediate responses.

A police presence is required in Brooklyn, where patrols are not as frequent as they used to be when a police station was located in that area. Outbreaks of crime have occurred in Brooklyn. For example, dozens of tyres were slashed when youths got off the train at Hawkesbury River railway station, walked along Brooklyn Road and went into marinas and down side streets. Berowra has a large population and a massive area of bushland. The New South Wales Police Force is the lead agency in times of bushfires. Youth gangs have been seen in Berowra on a number of occasions. There is community outcry about the closure and sale of Berowra police station. However, yesterday Malabar, Brooklyn and Berowra police stations were still listed as open on the police website. Premier Kristina Keneally and Minister Michael Daley might like to pretend that police stations are still open in these locations but eventually they will have to admit that they have been closed.

Local schoolchildren have raised a number of issues with me. Members would be aware that when schoolchildren raise an issue it is always an issue that is in need of attention. Schoolchildren in Berowra wrote to me and expressed concern about this cynical cash-grabbing Government selling off yet another police station. Those children, their parents and their neighbours are shocked about the sale last week of Berowra police station. Money from the sale of that police station will not be going back into the Berowra or Hornsby areas; rather, it will be used to promote a marginal seat somewhere else in this State. How long will it take before the Government realises that it needs a police station in Berowra because of the vast distances that have to be travelled in the Hornsby electorate?

Soon it will be a case of saying to the Government, "I told you so" as it will cost a great deal more to replace a police station that was sold for a short-term gain. To the community it is an unacceptable long-term loss that has not gone unnoticed. This Government has ignored community concerns, petitions, letters, a rally and the Police Association. The Government ignored also the Retired Police Association, community groups, the Berowra and District Community Association, the Brooklyn Community Association, and the voters of New South Wales.

Mr GRANT McBRIDE (The Entrance) [3.56 p.m.], in reply: Earlier I made mention of one of the members who will be racing in the field. That member has been given the great benefit of co-authoring a particular media release. I know he is a far Right candidate of the Liberal Party but I think some of the other contenders in the race should be mentioned. I will give them a bit of airplay to even it up and to make the race much fairer. Do Opposition members know Edward Mandla?

Mr Chris Hartcher: Yes, he is a great guy.

Mr GRANT McBRIDE: Edward, who is a great guy, is wearing red and green. However, I do not believe that his form is good.

Mr Chris Hartcher: Seven to one.

Mr GRANT McBRIDE: That is a bit tight. We then have Bruce Morrow, who is a good candidate. Bruce has lived in Bondi for 20 years, was previously a member of the Bondi Junction Precinct Committee, a member of Waverley Council's Bondi Junction Forum, and is still a member of the Centennial Park community. However, I would say that he is definitely too wet because he is highly involved with the community. He is not the sort of person we want.

Ms Pru Goward: Point of order: The member should be asked to direct his comments through the Chair.

The DEPUTY-SPEAKER: Order! I am sure that the member for The Entrance will direct his comments through the Chair.

Mr GRANT McBRIDE: I will do so. David Shaloub is currently president of the Liberal Coogee State electorate.

Mr Chris Hartcher: He is a good bloke.

Mr GRANT McBRIDE: He is a good bloke. It has been said that he is very popular within the Liberal Coogee State electorate. However, he is a definite outsider. He should hold up strongly in the straight, but he will get done over by the hard right when we come into the straight and go across the line.

Mr Chris Hartcher: Do you reckon?

Mr GRANT McBRIDE: I might talk to him later. Yesterday the Liberal Party abused the processes of this Parliament by campaigning for its hard right-wing candidate for the seat of Coogee. That pre-selection will occur next Saturday but the horses will not be running at Randwick; they will be running at Rose Hill. Those horses will be running for the Liberal Party nomination for the seat of Coogee. It has just come to my attention that there is a late entry, and I understand that it is Justin Owen. I inform Opposition members that Justin Owen is the son-in-law of Wayne Merton, the State member for Baulkham Hills, and a former president of the Australian Liberal Students Federation. There is no doubt about the fact that that is a good credential. He works for the Australian Securities and Investments Commission. He comes highly rated. This is the sort of bloke who should get across the line, but he is not from the hard right.

Ms Pru Goward: Point of order: I ask you to direct the member to address the substantive discussion instead of indulging in childish and, at the risk of being sexist, boyish remarks.

Mr GRANT McBRIDE: It is not rude.

The DEPUTY-SPEAKER: Order! The member for Goulburn knows that that is not a point of order.

Mr GRANT McBRIDE: I am not being rude like some other people in this Chamber have been for some time.

The DEPUTY-SPEAKER: Order! Members will not debate the point of order. I have ruled on the matter.

Mr GRANT McBRIDE: This is a little different from the last Liberal Party preselection when a number of elections were held. Are they referred to as provinces? It was well reported in the media.

Mr Michael Daley: They call them conferences.

Mr GRANT McBRIDE: Provinces. We call them upper House members. They call them provinces. On the last occasion we saw a nasty battle. With the first whiff of gun smoke the Leader of the Opposition got out his passport, bought a ticket and went straight to China, hoping that it would be all over when he came back. Then he had to go to India as well. It was important for him to go away. A major preselection was happening within the Liberal Party so he left. It was interesting that Tony Abbott backed a winner first up. He did not go to China. I know the member for Terrigal is with Tony, not Barry—no doubt about that. Tony Abbott was out there saying, "This is my man and I'm going to defend him." At the start the Opposition wets thought they were going to get their man across the line, but they did not because of the intervention of Tony Abbott and other people such as Chris Hartcher, a hard right. They got their guy across the line finally by doing a deal with the wets. [Time expired.]

Question—That the words stand—put.

The House divided.

Question resolved in the affirmative.

Amendment negatived.

Question—That the motion be agreed to—put.

The House divided.

Question resolved in the affirmative.

Motion agreed to.
Ms PRU GOWARD, by leave: I wish to make a personal explanation. During question time today the Premier commented that I "attack vulnerable children". That is a false and unsupportable remark. It impugns my character. Throughout my entire personal and professional life I have loved children and I have worked for the promotion of the rights and needs of children—also, I always will. In fact, that is well documented and would be familiar to anyone who has lived in Australia for 30 years. The Premier's hysterical and desperate allegation does her no credit and brings this Parliament and this Chamber further into disrepute. I seek a withdrawal from the Premier.

The SPEAKER: The motion accorded priority having concluded, the House will now proceed to General Business Orders of the Day (for Bills).

Mr JOHN AQUILINA (Riverstone—Parliamentary Secretary) [4.20 p.m.]: I move:

That this debate be now adjourned.

The House divided.

Question resolved in the affirmative.

Motion for adjournment of debate agreed to.

Debate adjourned and set down as an order of the day for a future day.

The SPEAKER: The House will now proceed to private members' statements.

Mr PAUL GIBSON (Blacktown) [4.24 p.m.]: Today I raise a subject that I have spoken about many times in this House. Road safety affects everyone in every electorate. For a long time I was the chairman of the Staysafe committee, which is an important committee of this Parliament. The committee has done great things in the field of road safety, but there is one silver bullet in road safety that seems to have been forgotten. People talk about deaths on our roads and the blow-out in the road toll. About six or seven years ago committee members travelled overseas to look at a component called intelligent speed adaptation [ISA]. Over the years we travelled to London two or three times to participate in ISA trials. The member for Wagga Wagga is knowledgeable on this matter as well. Most European countries could be using the ISA system by 2019.

What is ISA? A small technology component is inserted in a vehicle's motor during production. Back in those days the component cost $270 or $280. Under the ISA system, all streets in every electorate would be sent to a satellite and the satellite would control the speed at which a motor vehicle travels down those streets. For argument's sake, in a school area the motor vehicle would automatically slow down to 40 kilometres an hour. Even if the driver pressed the accelerator to the floor, the vehicle would not exceed the speed limit. A vehicle in a 110 kilometres an hour zone would not go faster than 110 kilometres an hour. We visited Detroit and many other places overseas. In those days I spoke with Ford, Volvo and most car manufacturers, and they were all gearing towards the day that ISA would be a component in all motor vehicles that are sold.

I have said many times before that 99 times out of 100 a mum and dad buying their child a car would buy the car on the showroom floor with the ISA component rather than the car without the ISA component, although the cars are identical in all other respects. It is only a matter of time before that happens here. I note that many factories not only in Sydney but also across the nation use ISA today. ISA is used in forklifts to ensure that the people driving them cannot exceed the speed limit in the workplace. As I said, ISA is the only silver bullet in road safety that has not been implemented. I put it on the record again today because we have spoken a lot about it but not much progress has been made.

Last year the Roads and Traffic Authority conducted a trial of ISA and we are eagerly awaiting the outcome of that trial. Indeed, the Minister tells me that the RTA is currently trialling it in the Illawarra. That is good news because, as I said, it is a silver bullet with respect to road safety. It works. Not only does it work but if ISA were implemented today we would save thousands of lives. More people are killed in road accidents than have been killed in all the wars in which this nation has participated. Initially there were some disbelievers, but once they had the ins and outs of ISA explained to them they realised that it was only common sense that ISA is the best way to reduce the road toll and beat it.

In the time I have left I will say something about the Bureau of Transport Economics. Some years ago the bureau conducted a study that showed that we must look at road haulage and heavy vehicles on our roads because, the bureau maintains, there will be an additional 50,000 trucks on Australian roads by 2020, with one-third of that increase occurring in New South Wales. When Port Botany comes online, with the changes and extensions, we will see 17,000 to 20,000 more trucks on New South Wales roads. The bureau maintains—it provided this study a few years ago—that one in four vehicles in the metropolitan area will be a heavy vehicle by 2020. We are flanked by the harbour, and if we build more roads there will be nowhere to park in the city. We must use the roads better, whether or not that means heavy vehicles travelling outside peak times or something of that nature. We must look at that issue. [Time expired.]

Mrs SHELLEY HANCOCK (South Coast) [4.29 p.m.]: I convey to the House my concern about the increasingly dangerous intersection at Little Forest Road and the Princes Highway at Milton, the obvious lack of understanding of the Minister for Transport and Roads of the location and his inability to recognise the lack of alternatives for residents using the intersection daily. In addition, the Minister's most recent correspondence to me following representations from Little Forest Road residents reveals that, despite the dangers for residents in this location, no money to improve the intersection has, as yet, been allocated. The intersection in question is extremely dangerous as it is situated on the crest of a hill. Recent road works in the area have resulted in traffic travelling at high speed along the Princes Highway, which, in turn, makes turning out of Little Forest Road and turning right to head south to Milton a daily high-risk manoeuvre.

Residents of Little Forest Road have informed me that their relatives and friends are reluctant to visit them due to the dangers associated with turning out of the intersection. People who drive heavy vehicles or tow horse floats—and there are many of them along Little Forest Road—find the right-hand turn even more dangerous than do people who drive other motor vehicles. In addition, one resident will not allow her children to catch the school bus due to the even more dangerous manoeuvre required by a school bus turning right in order to transport children to school. Apparently the bus proprietor, according to a resident, believes the intersection is the most dangerous he has encountered anywhere—and residents agree.

In response to residents' concerns over a number of years, I again wrote to the Minister for Transport and Roads, David Campbell, requesting an upgrade of the intersection. His response was bizarre in the extreme. He suggested that residents wishing to turn right from Little Forest Road heading to Milton, in a southerly direction, should not turn right but instead should turn left, travel 2.4 kilometres to Pointer Road, turn right into Pointer Road, do a U-turn and then turn left to travel towards Milton. Clearly, the Minister does not know the area well, otherwise he would not have signed correspondence to this effect. His response has become the subject of ridicule in the area. Essentially, the Minister in directing motorists to turn right into Pointer Road from the south must be blissfully unaware that one cannot turn right into Pointer Road as it is a road that heads in a westerly direction only and, thus, motorists can only turn left—a huge mistake by the Minister.

In relation to making a U-turn on Pointer Road, again the Minister reveals his utter incompetence. Such a suggestion is irresponsible. Pointer Road is a single-width narrow country road without opportunities to turn around, let alone to do a U-turn, then cross two lanes of the Princes Highway to head in a southerly direction back to Milton after travelling 2.4 kilometres north. The response of the Minister for Transport and Roads is disappointing, to say the least, and has infuriated residents who met with me last week at a public meeting to discuss the intersection and their concerns. They recounted many examples of accidents and close calls at the intersection over the years. Will it take a fatality at this location for the New South Wales Labor Government to take decisive action and ensure that residents of Little Forest Road are protected? Tragically, further to the north, at the Island Point Road intersection, it was the death of a three-year-old girl that finally resulted in the construction of a safer intersection. That followed years, I think, of representations from residents in the area to have that intersection upgraded before anything was done.

I urge the Minister to regard this situation as serious and retract his irresponsible and reckless advice to residents in relation to turning right into a road that does not exist and then to do a U-turn, which is equally dangerous. I urge the Minister to ensure that adequate funds are available this year to finally upgrade the Little Forest Road and Princes Highway intersection. I am advised that funds for preliminary investigation work have been provided, and residents are aware that surveyors have been present at the site in recent months. Now is the time for the Minister to act and to save face.

Mr BARRY COLLIER (Miranda—Parliamentary Secretary) [4.33 p.m.]: In December 2009 I had the great pleasure to announce just over $300,000 in grants under the Keneally Government's Community Building Partnership Program [CBPP]. I received 40 applications from community-based organisations in the Miranda electorate. Those applications went through a rigorous assessment process, and I must thank my committed staff member Maree Shepherd from my electorate office for her assistance in that regard. I thank all 40 applicants for their submissions and I congratulate the 15 organisations that were successful in receiving grants.

The award winning not-for-profit Point Preschool received the largest grant of $50,000 to modernise and extend its 50-year-old building. The total cost of the project was $320,000. While Sutherland Shire Council contributed $150,000 towards the project, the parents, friends, staff and supporters of the Point Preschool have spent more than 10 years raising $120,000. The $50,000 Community Building Partnership Program grant allowed the Point Preschool to complete that project. Recently my wife, Jeanette, and I visited the Point Preschool and saw that the modern extensions are complete and look absolutely fabulous. I have no doubt that they will make a significant difference to the teaching and learning environment of this first-class community preschool. I congratulate the director, Catherine Lee, the president, Julie Simpson, as well as the staff and parents, past and present, on a simply stunning achievement. The completed project demonstrates not just the sustained commitment and belief on the part of staff and parents but what we can do when we all work together as a community.

The smallest Miranda CBPP grant of $3,909 went to the Sutherland Astronomical Society and was used to install and paint ceilings in its wonderful observatory, a job left incomplete by Sutherland Shire Council when it upgraded the facility. The Sutherland Astronomical Society has two large telescopes and is the only observatory open to the public outside the city. It holds open nights and conducts public education courses in astronomy. I have been to them and watched the transit of Venus, seen the rings of Saturn and heard lectures on the Mars landing project. I have met its tremendously popular patron Professor Fred Watson. It is the quiet achievers in groups such as the Sutherland Astronomical Society who play an important role in the community, and I am pleased the Keneally Government approved its CBPP grant.

Twelve other organisations within my electorate received grants. They are: Bates Drive School, which received nearly $30,000 to build a therapeutic and sensory play area to assist students with intellectual disabilities, mobility difficulties and autism; Civic Disability Services, which received $20,000 to install access ramps in two places in houses in Sylvania and Gymea run by the service; Girl Guides at Grays Point, which received $26,422 to upgrade and repair their hall; Jannali Anglican Church, which received $20,000 to construct a family-friendly outdoor area for children and local youth; Kirrawee High School Parents and Citizens Association, which received $20,000 to build a community path from Kirk Crescent to Putland Place; and Lifeline Sutherland, which received $20,000 to install sound-proof telephone counselling booths.

The other organisations that received grants are: scouts at Grays Point, which received $6,000 to upgrade their hall at Swallow Rock; Southern Community Welfare, which received $22,366 to expand group therapy and family counselling rooms at Kirrawee; St Josephs Junior Rugby League Club, which received $29,770 to improve its playing surfaces; Sutherland District Hockey Club, which received $26,324 to upgrade its facilities for players, coaches and spectators; Sylvania Anglican Church, which received $4,828 to provide a safe area for children's playgroups; Sylvania High School Parents and Citizens Association, which received $26,208 to upgrade its canteen kitchen to provide healthy, freshly cooked meals at low cost to students; and Triton Owners Club at Oyster Bay, which received $6,500 to install roller shutters on its equipment stores at the "Cubby House".

Each of the CBPP grants recognised not just the need for assistance but also the achievements and aspiration of community groups and organisations. The grants also recognise the valuable contribution each of those groups makes to my community. They are part of the social fabric of my community. I thank them sincerely for their ongoing contributions. I wish them well with all their projects and I thank the State Government for funding these projects through its Community Building Partnership Program. I know this program has made a difference to the many groups in my electorate and to the Sutherland shire as a whole. I hope it will continue in the future.

Mrs KARYN PALUZZANO (Penrith—Parliamentary Secretary) [4.38 p.m.]: I support the comments of the member for Miranda in relation to the Government's Community Building Partnership Program. I am glad that members took great action to ensure their community groups have facilities. It is about a partnership with the community and building facilities for it. I acknowledge that the Anglican Church at Penrith made an application for a similar project to enhance facilities for young people at Emu Plains, where one of our oldest churches in the Penrith electorate is located.

I was fortunate enough to meet the new youth worker and also the reverend at that church in the new year. I commend the Premier for putting forward this project. It was either $300,000 or $400,000. It reaches people in many areas, as the member for Miranda outlined, such as scouting movements, churches, high schools, preschools, the Triton Owners Club of Oyster Bay, and I noticed in particular St Josephs because we also have St Josephs at Penrith. The Josephite nuns ran quite extensive educational programs in the early period of Penrith and the mountains. It is good to see that all members, particularly the member for Miranda, will ensure service provision through the Community Building Partnership Program, and I look forward to those services being rolled out in 2010.

Ms KATRINA HODGKINSON (Burrinjuck) [4.40 p.m.]: There are few things more fundamentally important to people who live in regional New South Wales than the local road system. Outside major town centres there is little, if any, public transport available in regional areas. Without an accessible local road system, residents are unable to access medical services, schools, shopping or work. Produce cannot be delivered; neither can emergency services attend where required. I received an email three days ago from Ms Chalker, who lives in Bigga, talking about the state of the Greenmantle and Yarraman Roads. She said:

Our daughter is one of the most respected riders in our Pony Club Zone and we have had to tell her that we do not feel it is safe to continue transporting a horse on these roads. She is devastated as she works extremely hard on her riding and takes it very seriously. Does that seem fair to have to tell a 13-year-old that she cannot compete because her local roads are too dangerous?

A large proportion of local roads within the electorate of Burrinjuck are unsealed gravel roads. These are very prone to damage following significant rain events, such as those that have occurred recently. Since the rains occurred, my office has received many calls from local residents, particularly in the Yass, Boorowa and Upper Lachlan shires. Upper Lachlan shire has 250 kilometres of regional roads and 1,617 kilometres of local roads. Of these, 53 kilometres of regional roads and 1,187 kilometres of local roads remain unsealed. Boorowa Shire Council has 595 kilometres of local roads and 103 kilometres of regional roads. Seventy-five per cent of Boorowa's local roads are unsealed gravel. Yass Valley Council has 1,221 kilometres of local roads of which 618 kilometres are gravel. Mrs Mary Mills wrote to me about what she said was the deplorable state of Maryvale Road, Rye Park. She said:

Today I found out that the postal lady is refusing to drive on this road to deliver our mail, which means a 26 kilometre round trip to the post office in Rye Park, which is only open for two hours a day, another inconvenience.

These roads are the responsibility of the local council to maintain, but 15 years of State Labor Government have made it increasingly difficult for councils to find sufficient funds to maintain the roads. Councils receive funding for local roads from financial assistance grants and the Roads to Recovery Program, which was started by the Federal Coalition Government and kept by Federal Labor because of its importance. The State Government only provides funding to councils for the repair and maintenance of State and regional roads through block and repair grants. The block and repair grants can be used only on State and main roads. While on the subject of State roads, I highlight the failure of the State Labor Government to seal all of Main Road 54 between Crookwell and Bathurst. Jill Cowey, who lives on Main Road 54, wrote to me in February, saying:

Since the beginning of December 2009 seven accidents have occurred outside our property and all have required ambulance assistance. My husband was at the scene of the last fatal accident and doesn't want to go through that experience again. If something isn't done soon on this dangerous main road there will be another fatality. Please can you help us?

I have written on very many occasions to successive Ministers for roads over the years. The State Labor Government's responses always falsely claim to provide sufficient funding for councils to carry out whatever roadwork is needed. Mr Peter Witherden also wrote to me about Mountain Creek Road and Fairlight Road in Yass. He said:

As a resident on these roads it has now become a major issue regarding safety. My wife and I have two small children and we both have to travel on these roads every day and we believe it's just a matter of time before we have a fatality due to the conditions of these roads. The roads in question are unsealed and are not fit for car usage. It has become a very busy road for the Canberra residents and locals. The Shire Council has made several attempts to grade the unsealed patches but this is always a Band-Aid job.

It is true that increasing regulation and cost shifting by the State Labor Government is forcing councils to spend ever more ratepayers' money undertaking functions that should be funded by the State Labor Government. The Upper Lachlan Council recently spent some $700,000 purchasing Banfield House for use as a medical centre. The administration of the on-site sewage management scheme and the Companion Animals Act eats into council's budget, as do many other things, such as the increasing cost of gravel for road works because of stricter State Government environment regulations. Council's ability to raise revenue is further curtailed by the rates cap imposed by State Labor. The Labor Government is living in a fantasy world of denial when it comes to road maintenance in regional New South Wales.

The residents of Burrinjuck, and indeed of all regional New South Wales, deserve better—much better—from their State Government. I call on the Government to accept its responsibility to country road users and to immediately fund the sealing of all State and main unsealed roads and sections of State and main roads within the Burrinjuck electorate, and to provide adequate funding to local government within the electorate of Burrinjuck to ensure that local roads are maintained at a safe level.

Mr MATTHEW MORRIS (Charlestown—Parliamentary Secretary) [4.45 p.m.]: This afternoon I must address the current status of the intersection of Tennant Road and Dunkley Parade in the suburb of Mount Hutton in my electorate. There is rather a long history to the intersection. Several years ago the council had some initiative in recognising the difficulties that the intersection posed not only for the management and movement of motor vehicles but, more importantly, for the facilitation and movement of pedestrians, particularly given that Mount Hutton Public School is only 80 to 100 metres further along Dunkley Parade.

There is a long saga around the project, but I am pleased to say that three years ago the Government made an allocation of $750,000 to assist the council in bringing to fruition a project to upgrade the intersection. That $750,000 was specifically to address pedestrian safety, which was essentially through the concept of a fully signalised intersection, including pedestrian phase signals. Over the past three years, the council has effectively done nothing, much to the frustration of the community and certainly to me. We know that the intersection is particularly bad. That has been recognised. Yet here we are, three years after the allocation of State funds, with still very little action from the council. In fact, I wonder whether the council has any adequate funding to provide its component of the project cost.

After some effort to engage the community and bring to the community's attention the current nil action by Lake Macquarie council, a public meeting was held several weeks back and 140 local residents turned up to discuss issues around the intersection and to work effectively through a process to come up with their preferred option. The meeting resolved that the only appropriate solution was to have a fully signalised intersection developed on site. During the meeting council officers, and in particular Councillor Barry Johnston, identified that the council had a desire to do not a fully signalised intersection but a roundabout. The roundabout would have a significant impact on the adjoining parkland and would require the acquisition of some property from homes along Dunkley Parade, which was not acceptable to the community—and understandably so.

The council is now, after the public put some heat on it, looking through a range of options. We expect a report to go to the council in late April, which will present a case and supporting information to the elected council on a range of options, including the old Warners Bay road connection, as we know it locally, a roundabout with two lanes and a roundabout with one lane, a fully signalised intersection with two lanes each way and a fully signalised intersection with one lane each way. Clearly, after all of these years, it is time for the council to get off its tail, take a proactive step forward and get this intersection issue addressed. The council has responsibility for this intersection, as much as it would like to imply that it is the Roads and Traffic Authority's responsibility. The Roads and Traffic Authority's role in this project to improve safety at the intersection is to provide advice to council. Council will certainly seek the concurrence of the Roads and Traffic Authority given that the authority has carriage of signals, but ultimately it is a decision for the council.

I call on the council to get its house in order, support the community in its desire to have a full set of signals at the intersection, get the money together and get on with the project. We have waited far too long. It is particularly important, given that we know that council identified this problem and all the safety concerns several years ago. We are still waiting for some action. With regard to Roads and Traffic Authority funding, if council fails to do anything I will be pressing for the authority to construct pedestrian signals to ensure we show some leadership and provide a safe access point, particularly for the school students.

Mr GREG APLIN (Albury) [4.50 p.m.]: For the past few years drivers along the Olympic Way between Albury and Wagga Wagga would have noticed a large mural adorning the massive GrainCorp silos at Henty. An initiative of the Henty Machinery Field Days committee, this mural depicts a harvester drawn by a team of six horses and is a tribute to Headlie Taylor, whose invention of the header revolutionised grain harvesting and firmly established Henty as the "Home of the Header." Last Friday I joined more than 100 people at Henty to participate in the official opening of the Headlie Taylor header shed and blacksmith shop in a prominent position at the Henty Bicentennial Park on the Olympic Way. The chairman of the relocation committee, Colin Wood, explained that the community group had been established in 2004 to relocate the replica header from a park in town and to investigate relocation of the original blacksmith's shop.

This workshop was still located on the Coe family property just north of Henty and Charlie Coe told me that the project had been completed just in time because severe storms last month caused extensive damage in the area where the blacksmith's shop had stood for over 100 years and the now fragile structure would have been destroyed. The timber and corrugated iron shed was dismantled at the farm and reconstructed as part of the new display, complete with many of the old blacksmith's tools used by Headlie Taylor. One amazing aspect of this project was the way in which the forge had been lifted intact from its original site and relocated so that the bricks, bellows and even the residual coals and ash were preserved. The historical display is a marvellous community achievement and, as the master of ceremonies, Dugald McKay, informed us, will be complemented by an audiovisual presentation and murals, which will provide a backdrop to the shed and machine and set the historical scene.

Many members of the Taylor family attended, with Headlie's son, John, speaking at the official opening and his grandson, Phillip, giving a fascinating account of Headlie Shipard Taylor and his invention at the dinner held at the Henty Community Club. Phillip recalled visiting Headlie's home and office and later being photographed by a local newspaper while on a school excursion to the Massey Ferguson factory in Sunshine, Victoria. His research revealed that Headlie's father took selection of the farm "Emerald Hill" on Kendall Lane near Henty in the early 1880s. He married Jane Shipard in May 1881 and Headlie was their second child, born in 1883. At the age of 14 Headlie left school and went to work on the farm, where he became familiar with wheat and sheep farming practices and with farm machinery, developing blacksmithing skills to help repair broken or damaged parts.

Observation of machines used to thresh and winnow the grain convinced him that a harvesting machine could be constructed to handle the grain crop more economically than the stripper harvester, then at the zenith of its fame. The "Sunshine" stripper harvester, first built by H. V. McKay in 1884, was the most popular machine at the time but its success depended on the crop standing upright. When crops were down and tangled due to wind and rain its ability to extract grain was considerably reduced, resulting in extensive waste. Headlie bought and studied technical books to teach himself mechanical engineering, drawing, pattern making and moulding. In January 1911 he was ready to start work on the machine of his dreams. He prepared by extending the farm blacksmith shop to make room for extra equipment and for the projected machine.

He knew it would be a long and tedious process but was determined to get his machine into a field test. His main concern was just how long his finances would hold out. His brother Horace assumed most of Headlie's farm duties while his sister Ruby would often work the bellows in the smithy and at times his sisters would help by striking on the anvil. There were no nearby engineering facilities—anything and everything had to be made on the spot. Headlie worked non-stop getting his machine ready for a test run in the 1911-12 harvest but it did not operate effectively so it was back to the workshop for a redesign to be ready for trials in the 1912-13 harvest season. At last the machine performed to expectation, taking off about 200 acres with the crop knocked down and tangled. Headlie' s efforts were now vindicated. He took out his first patent for a header-harvester in 1913.

A third machine was built and exhibited at the Henty show in the spring of 1914 and Headlie wrote, "It will be readily understood that the encouragement I received at that little Henty show was a welcome stimulant to my sorely tried ambitions." The machine proved its capabilities in the December 1914 harvest but rather than starting up a new company, Headlie set his sights on linking up with an existing manufacturer. To stimulate demand he obtained finance and constructed three more headers in Melbourne, selling them to New South Wales farmers for the 1915 harvest. News of their success spread rapidly, attracting farmers from far and wide. Headlie invited H. V. McKay of the Sunshine Harvester Company to witness a trial of his new machine and this concluded in an agreement for the patent rights in March 1916, with Headlie supervising construction until his retirement in 1954.

Headlie Taylor's crowning success came in 1920, when a prolific harvest was flattened by wild storms. The factory worked day and night for two months to produce 1,024 machines with special Headlie crop lifters, which saved the crop. More successes followed, including the "auto header", which was the forerunner of today's harvesting machines. Headlie Taylor was a pioneer in farm machinery, and the blacksmith shop and replica 1915 header at Henty now stand as a memorial to this remarkable Australian.

Ms LYLEA McMAHON (Shellharbour—Parliamentary Secretary) [4.55 p.m.]: Tomorrow I shall return to the electorate of Shellharbour and join with seniors from the local community at Warilla Bowls and Recreation Club as we officially launch the fifty-second year of New South Wales Seniors Week. Organised and funded by the Department of Ageing, Disability and Home Care, Seniors Week is an annual initiative of the New South Wales Government. It aims to celebrate and recognise the achievements of older people and the contributions they make to our community.

This year's theme, "Live Life", is aimed at encouraging the older members of our community to get active and participate in local activities. A number of organisations have been successful in obtaining funds for events. They include Oak Flats Senior Citizens' Club, St Vincent de Paul Society for a grandparents day at Warilla High School and a grandparents day at Kanahooka High School, and Dapto Rotary Club for a bush picnic at Don's Farm, which includes students from Dapto High School. This year's Seniors Week events aim to attract a larger, more diverse group of seniors. The events are designed to encourage seniors to try new experiences.

As I did last year, I will be attending a seniors bush picnic and barbecue at the tranquil and picturesque setting of Don's Farm in Dapto. More than 300 people attended last year's event. It is free of charge for seniors and is supported by the Rotary Club and students from Dapto High School. I thank and acknowledge the Rotary Club of Dapto and its President, Mr David Burrows, for their support for the event. I also thank and acknowledge Mr Andrew FitzSimons, the principal of Dapto High School, for his support. This is a great initiative and many of our seniors enjoy the social excursion.

On 23 and 24 March respectively I will attend Warilla and Kanahooka high schools as the students, in collaboration with the St Vincent de Paul Society, are promising seniors a big day out. Warilla High School, together with the St Vincent de Paul Society, has a range of activities lined up for its sixth seniors day event. The success of this initiative will be replicated at Kanahooka High School, which will host its first seniors big day out event on Tuesday 23 March.

I would like to publicly thank Kellie Marsh, the St Vincent de Paul Society's youth worker, Tony Villa and Greta Hanns, local seniors and dedicated St Vincent de Paul Society volunteers, and acknowledge the cooperation and partnership of Warilla High School Principal Glenn Isemonger, his staff and students, and Kanahooka High School Principal Peter Jones and his staff and students. I commend them all for their tireless efforts and the contribution they make to ensure the inclusion of seniors in society.

The ageing of our population is a sign of our success. Our residents rank number three in the world, behind Norway and Sweden, for their long and healthy lives, their knowledge, standard of living and social connectedness. The Live Life campaign is now in its fifth year and it aims to challenge traditional perceptions around ageing and encourage seniors to remain healthy and active. This year's Seniors Week events aim to attract a larger, more diverse number of seniors. The events are designed to encourage seniors to try new experiences, learn new skills and develop their professional and social networks.

Seniors Week is about trying something new, being active, and living life to its full potential. This year many fantastic events in the Seniors Week program will be funded by the New South Wales Government and organised in partnership with cultural, sporting and tourism organisations. I am pleased that many of these events will be held in the Shellharbour electorate. They will be well attended and enjoyed by many and I am looking forward to the event.

Mrs KARYN PALUZZANO (Penrith—Parliamentary Secretary) [4.59 p.m.]: I acknowledge the enthusiastic outline by the member for Shellharbour of the Seniors Week program, which has as its theme "Living Life for 2010". Seniors Week will provide members of the community with a great range of activities. Senior citizens in Shellharbour have the support of local high schools, such as Dapto and Kanahooka, and of community organisations, such as Rotary clubs and the St Vincent de Paul Society, which will be hosting grandparents day. Senior citizens will be participating in a number of new experiences. I challenge all senior citizens in Shellharbour to become involved in these activities, which will promote healthy and active lifestyles.

At the annual conference of the University of the Third Age, which was held last week, I met many senior citizens from Shellharbour, delegates from interstate, including the Northern Territory, and from the Riverina area and all over New South Wales who participated in the conference and had a number of new experiences. Delegates over the age of 50 participated in learning and educational programs. I commend the New South Wales Government for funding Seniors Week. This Sunday the Minister will launch Seniors Week. Last year during Seniors Week Thelma Anderson participated in the events and won a community service award. I look forward on Sunday to senior citizens from Penrith, Shellharbour and western Sydney winning awards in many different categories.

Mr RAY WILLIAMS (Hawkesbury) [5.01 p.m.]: Tonight I wish to advise members about issues that have been raised with me regarding Building the Education Revolution [BER] funding—or building the educational rort, as the case may be—in schools in my electorate. Last year I said in a private member's statement that a member of the Annangrove Parents and Citizens Association contacted me regarding what appears to be the waste of an inordinate amount of taxpayers' money. Annangrove Public School, which made an application for funding, was seeking a multipurpose hall, which the school desperately needed. In the school's allocated funding it was awarded a total of $850,000. It was then sent a list of facilities and buildings from the Department of Education and Training that it could afford.

One of the items was a multipurpose hall, costed at just over $500,000. However, when the school made an application it was refused, with the department stating that it would be impossible under the funding that the school was receiving. Everyone—the principal, the teachers, the parents and citizens association, parents and me—is having trouble coming to terms with this issue. If a building costs $500,000, why would it not be built for $850,000? Hopefully, the answer to that question will be uncovered in future, thanks to the advocacy of people such as Ray Hadley and Alan Jones of radio station 2GB, and a new upper House inquiry into BER funding. During that process, the $50,000 landscaping plan for the new building at Annangrove school will also be raised. This building had a fire assessment undertaken prior to its construction. However, after the landscaping was completed it was dug up and removed, given that it presented a bushfire risk. What a scandal!

The Australian Federal Government has allocated $14 billion in BER funding for the upgrading of schools. No-one in this country would begrudge our schools receiving funding for important maintenance and additional facilities. However, the one thing that Australians hate is being lied to and deceived, which is exactly what is happening with the building the educational rort. The Annangrove school in my electorate is just one example of this. The school was denied an opportunity to construct a new multipurpose hall, and instead was offered a new library. The school already had a library, but it was told that it could have a library or it could have nothing, so it reluctantly accepted the second library. As I mentioned earlier, in addition, $50,000 worth of landscaping was also ripped from its budget.

The library was costed at $285,000, but the total cost for the project was just under $800,000. This facility is nothing special and could never be compared with a house of a similar size, so where is the money going? Builders who are working on new facilities in my electorate are coming out of the woodwork. Builders have told me that they previously quoted on buildings at these schools and that they were successful. However, when the BER funding was made available, those contracts were cancelled because the Department of Commerce advised schools that they could get the facilities approved under BER funding, provided that they used the Department of Commerce as the manager of the projects. It was not compulsory for principals to use the Department of Commerce or the Department of Education and Training as managers for these projects, but only four schools across New South Wales chose not to use the services of these managers.

Several parents and citizens association members were willing to manage these projects but were refused by the Department of Commerce. Therefore, it can easily be assumed that the Department of Commerce and/or the Department of Education and Training have leached much of the BER billions of dollars for themselves in exorbitant management fees. The Federation of Teachers called for an inquiry into the funding of this scam, and several principals voiced their concerns on the website. That inquiry will now happen in the other place and hopefully it will expose how much taxpayers' money has been directed from the Federal Treasury through the Department of Commerce, or the Department of Education and Training, directly into the coffers of the New South Wales Government.

The point that is so outrageous is that for years many schools across New South Wales, just like Annangrove, begged for a hall or other facilities for their schools. When funding became available the majority of that funding was milked to the New South Wales Government when it could have been used for educational facilities for our children. Other schools that I have visited in the Blue Mountains area desperately require the replacement of old non-flued gas heaters, which pose severe health risks to children. Schools such as Blackheath Public School could not utilise BER funding for that purpose. Other schools in my electorate had high levels of lead detected in their water tanks because town water is not connected.

This funding could have been used to improve facilities at those schools, but that was not permitted under the BER funding. If this funding had been used for the purpose for which it was intended, with appropriate checks and balances in place, it would have achieved more than double the outcome in providing facilities for our schools and our schoolchildren. Instead, more than half the funding has been directed to the New South Wales Government to prop up its bottom line and to reward it for its incompetence and lack of maintenance of schools over the past 15 years. This will be discovered and exposed by the upper House inquiry.

Mr ALAN ASHTON (East Hills) [5.06 p.m.]: This evening I refer to a most successful fundraising event held by the Vietnamese-Australian community in Maxims Function Centre, Bankstown. The fundraiser, entitled "Our Thanks to Australia", raised more than $50,000 to support Bankstown-Lidcombe Hospital. I express deep appreciation and thank the organising committee, led by Dr Vinh Binh Lieu, President of the Vietnamese-Australian Medical Association and also head of the 11 Vietnamese organisations that participated in the event. The purpose of the fundraiser was to thank Australia, which so many people of Vietnamese background now proudly call home. In my electorate there are at least 5,000 or 6,000 people of Vietnamese descent and there would be many more in the northern electorates of Bankstown and Fairfield and other parts of southern Sydney. Doctor Lieu referred to a traditional Vietnamese saying, which summed up the gratitude of the Vietnamese people:

When I eat a fruit I have to think of the person who planted the tree.

When I spoke at that function I said that while Dr Lieu had acknowledged many very important persons who were in attendance, the real VIPs at the function were those who organised the fundraiser and celebration, and those who attended and made such wonderful donations of their time and money. Over 750 people were present at the function and more than 100 were unable to obtain tickets. Another 50 or more made donations as they were unable to attend the event due to previous engagements. I had the pleasure of passing on to organisers the appreciation of Premier Kristina Keneally for their fundraising efforts on behalf of Bankstown-Lidcombe Hospital. Entertainment included traditional Vietnamese songs, dancing and music. It was a most colourful event at which many guests dressed specifically to celebrate the Year of the Tiger. In fact, I wore my outrageous tiger tie and hope that it is the Year of the Tiger in a football sense.

Mrs Karyn Paluzzano: Oh no, the Panthers will get there.

Mr ALAN ASHTON: The member for Penrith can thank me for acknowledging her interjection, which will now appear in Hansard. I acknowledge the role of Mr Trung Chieu and Mr Luu Quoc Sy of Maxims Function Centre, which ensured that everyone enjoyed wonderful and traditional Vietnamese food and excellent service. I also acknowledge the presence of Jason Clare, the member for Blaxland; Daryl Melham, the member for Banks; Tony Stewart, the member for Bankstown; Major Tania Mihailuk; and the Bankstown city councillors who were also in attendance, including Linda Downey, Allan Winterbottom, Khal Asfour, Alex Kuskoff, Pam Gavin and Councillor Nhan Tran from Fairfield council. Councillor Nhan Tran used to be a councillor on Bankstown council.

Many medical practitioners were in attendance, including Dr Susan Harnett, chair of the Bankstown General Practitioners Division, and Professor Paul Harnett, head of the Haematology Department at the Children's Hospital. The local newspapers, the Torch and the Express, were represented and several representatives from the Vietnamese newspapers and SBS radio attended the function. The entire event was recorded by a great number of cameras and the films will be made into DVDs and sent back to Vietnam. Thanh Van Nguyen, President of the Vietnamese Community in Australia, New South Wales division, was also present. The many VIPs who attended are too numerous to name, save for Mr Anthony Schembri, who has been the new general manager of Bankstown Hospital for only several weeks. I am sure he was glad to receive a donation of over $50,000 after only a few weeks in the job.

The Vietnamese Community in Australia has made outstanding contributions to Australia since immigration from Vietnam began in earnest in 1975. Without being overly political, it is interesting to note that many of those who arrived here in 1975 were boat people—their achievements in Australia since then have been outstanding and Australia is a much better place as a result—although today that would raise considerable ire in some media and some political parties. The Vietnamese community most recently raised money for homeless children in Vietnam, the Liverpool hospital and over $42,000 for the Victorian bushfire appeal in February last year. I conclude my remarks by thanking Mr Thuat Nguyen, who has organised, with countless volunteers, the highly successful Children's Festival in Bankstown for the past 11 years. This event brings thousands of people from all over Sydney to Bankstown to celebrate our youth, our multicultural society and our pride in the wider Bankstown community. Once again, well done and thank you to the Vietnamese Community in Australia and Dr Vinh Binh Lieu.

Mr DARYL MAGUIRE (Wagga Wagga) [5.11 p.m.]: I bring to the attention of the House the concerns raised by a constituent of mine, Mr Bruce Angel. He wrote to me on 22 February 2010 as follows:

Further to my recent phone conversation on Friday 12^th February … I am writing with regard to the Federal allocation of $250,000 received as part of the Building the Education Revolution, Primary Schools for the 21st Century Program by Tarcutta Public School.

As a representative of the P&C, community member and a taxpayer I wish to bring to your attention on behalf of the school and community the blatant waste of money and lack of value for money surrounding the project being undertaken at Tarcutta Public School.

The Principal, Geoff King was asked to nominate projects to be undertaken with this funding. As a result he nominated to cover the playground equipment. The school was also hoping to have the tennis courts upgraded but was told this did not fit within the parameters of this funding.

The school received a phone call to inform them that some officers from Laing O'Rourke, the Managing Contractors for our region, would be coming to the school to assess the site. Ten officers from Laing O'Rourke arrived and spent two hours surveying the site from top to bottom. While they were there Geoff King also asked that they measure up the disabled ramped areas as he felt these should be covered due to the arrival of a new kindergarten child with a wheelchair and assumed that even with this extra project he would still be well within his funding.

It was later brought to the attention of Geoff King that the tennis court upgrade was now available within the Program and he called Laing O'Rourke to have them included. Laing O'Rourke came to assess the courts and gave an estimate of $60,000 but informed Geoff that the cover over the ramped walkways would take the whole $250,000.

Tarcutta Public School is a small 2 teacher school with 30 students, the disabled ramps run from the front of the school around the side to the undercover play area and from this area to the disabled toilet. The ramps were constructed last year utilising Integration Funding at a cost of $105,000.

The P21 Project Budget Cost Sheet which is available from the following link http://www.ber.nsw.gov.au clearly shows the incredible waste of money. Tarcutta has been charged an amount of $85,585.36 for Design Documentation, field data and site management.

We are at a loss as to how the Department of Education has allowed these managing contractors to charge the schools their full allocations with no accountability for the value of money actually received by the school. Tarcutta could have had a new classroom or library constructed by Laing O'Rourke for the $250,000. How can this compare to a cover over a disabled walkway.

The Principal, P&C and community would like to see the disabled walkways covered, the playground equipment covered and the tennis courts upgraded and believe that given value for money all three projects would fit well within the P21 funding of $250,000.

We invite you to come and see the project being undertaken and ask that you help in any way possible to enable Tarcutta Public School to utilise this funding to further enhance this great school with projects that provide value for money.

Finally, I would like to bring to your attention another case within the region, this time at Matong PS, where there is a clear lack of value for money.

From the attached pictures you will see two projects.

The first at Junee PS managed by the Department of Education's, Asset Management Unit in Wagga. This is a 19m x 12m shade structure over the play equipment costing $46,500.

Funding source: BER, National School Pride Program

The second at Matong PS managed by Laing O'Rourke.
This project was to provide a cover over the existing basketball court. The structure has now been completed with roof material as above. Laing O'Rourke managed to cover only HALF of the court for $175,000. Approx 8m x 8m. Laing O'Rourke could not cover the whole court within a $175,000 budget!

Funding Source: BER, P21 Program

I look forward to hearing from you at your earliest convenience.

This is just one of a number of concerns raised with me by parents from the parents and citizens associations at The Rock Central School and Forest Hill Public School. I understand Mangoplah Public School had similar problems with a funding allocation. Parents are questioning the true value of these school projects. Clearly, from the correspondence I have just read parents and taxpayers should be concerned. On another occasion I told this House that The Rock Central School desperately needed a school hall and received funding under the formula for a public school primary when it is a primary and secondary school. The school was offered two classrooms and a library that it did not want. Instead of getting the hall it desperately needed, the school got two classrooms with a dividing wall at enormous cost. This is appalling.

Ms CLOVER MOORE (Sydney) [5.16 p.m.]: Inner-city residents face a serious problem as they are exposed to high levels of air pollution from traffic congestion and adjacent road tunnel ventilation stacks and portals. They report noxious exhaust smells around their homes and thick oily black dust on the outdoor surfaces of their homes. Common inner-city pollutants include carbon monoxide, sulphur dioxide, nitrogen dioxide, volatile organic compounds, ozone, lead and particles. These pollutants can cause health problems including tiredness, headaches, nausea, eye and skin irritation, throat and lung problems, cardiovascular disease, lower birth weights in babies and cancer. Children, older people and people with medical conditions are at the greatest risk. Sydney's ozone pollution already exceeds national standards and the "Action for Air: 2009 Update" report of the Department of Environment, Climate Change and Water points out that Sydney will have difficulties meeting ozone targets.

The CSIRO and the Bureau of Meteorology predict that ozone pollution related hospitalisations will treble by 2060. Over half the world's air pollution is caused by vehicle emissions. In Sydney, vehicle kilometres travelled are increasing at a faster rate than population growth. The Department of Environment, Climate Change and Water points out that air quality improvements from changes to fuel will be offset by growth in private vehicle use, and stresses the need for action to reduce vehicle emissions. While I welcome the Government's Metropolitan Transport Plan as a first step to creating a liveable city where all residents can walk, cycle, or have access to public transport, the budget still gives priority to road expansions, which quickly become congested. The cycling budget is less than 1 per cent of that of roads, major rail projects will not start for years and commitments beyond 10 years are vague.

Only with real alternatives to the car will its use reduce and air quality improve. Filtration of inner-city tunnel ventilation stacks would also help protect adjacent neighbourhoods. In the Sydney electorate tunnel ventilation stacks for the Cross City Tunnel and Eastern Distributor are located adjacent to homes, businesses and even a children's playground. These projects should never have been approved without filtration and I continue to be contacted by constituents concerned about air quality of adjacent stacks. Road tunnels such as the Cross City Tunnel also discharge emissions at their portals, which allows the release of concentrations of toxic pollution at ground level. The Roads and Traffic Authority has asked the City of Sydney council to approve an application for new apartments and commercial offices adjacent to the Surry Hills Eastern Distributor ventilation stack.

The City of Sydney council will not approve the application without filtration of the stack, which is already a precondition of consent. The Roads and Traffic Authority should use this opportunity to improve local air quality and filter the stack. Air quality monitoring should provide accurate information in the most heavily trafficked and densely populated area of not only Sydney but Australia so that data can be analysed and compared over time and used for effective planning. But there are no monitoring sites in Sydney's central business district. Air quality monitoring stations in Tumbalong Park in Darling Harbour and Mary Ann Park in Ultimo, part of the Cross City Tunnel approval conditions, have been decommissioned. I agree with the Air Quality Community Consultative Committee, which was established as part of the Cross City Tunnel conditions of consent, that the Tumbalong Park monitoring station should be retained and recommissioned as a central business district station, part of the Sydney-wide air quality monitoring network.

Melbourne has two air quality monitoring sites in its central business district, both operating for more than 20 years now, and Brisbane has one site in the city that has been functioning for more than 10 years. Other major international cities have thorough air quality monitoring networks and Sydney should adopt world's best practice. The City of Sydney's 2030 vision is to provide a liveable, sustainable city with a people- and pedestrian-friendly centre. We are working now with the State Government to significantly increase cycling and pedestrian travel through infrastructure improvements and on extensions to the light rail service through the central business district. Air quality is a serious health concern and we should collect comprehensive data, filter all road tunnels and replace car dependence with public transport, walking and cycling.

Mr GREG PIPER (Lake Macquarie) [5.21 p.m.]: I have heard from grandparents distressed and fearful of uncertainties under changes to the Department of Community Services policy as they strive to raise children who the parents, for a variety of reasons, cannot. A number of those grandparents are constituents of mine and one is a person well known to me. Recently I asked the Minister for Community Services about this matter and I appreciate her informative answer. She said that when grandparents care for a child without having gone through the Children's Court some other formal process would be required to initiate or maintain payments under the supported care allowance. She was specific that a child would need to be assessed as being in need of care and protection.

Such assessments need to be as objective as possible while maintaining empathy for the innocent parties in the situation. They should acknowledge the burden accepted by the grandparent and recognise that it is rare for a dysfunctional parent to admit personal failings. A project worker involved with such cases advised me that in only two out of 200 active cases children are not at risk of significant harm. Therefore, a majority of cases will involve a judgement on whether basic needs are being met and whether a child is at risk. The Minister's response cited the goal of family restoration and said that research supports this as the best outcome if it provides a "safe" and "good" place for a child. Measurable definitions of "safe" and "good" could be problematic and the process must let no worthy case slip through the cracks.

New South Wales participated in the Commonwealth Government's research project that produced the report entitled "Grandparents Raising Grandchildren" and should support the report's recommendations, including, "that Commonwealth and State Governments work together to ensure that grandparents raising grandchildren receive the same payments and support services as foster carers." That is the crux of the issue. This is perfectly fair, yet I am advised that many carers perceive the assessment process as a threat to existing financial support and that many grandparents caring for grandchildren do not declare their role for fear of the Department of Community Services removing the children. In the words of one grandparent:

You don't want to go and ask, or they might take the kids off me be because I am complaining because I can't do it.

You're just scared, so you do what you have to do.

I am told of a recent interview in which a Department of Community Services caseworker asked, "Is your grandchild reaching her developmental milestones while in your care?" The grandmother was a little perplexed, but answered to the best of her ability, although she did not know what the developmental milestones were. She was also asked, "Does the children's mother recognise degrees of harm?" Again, there was no explanation to help the grandmother understand what was wanted. Such indifferent assessments challenge a grandparent's self-confidence and effectiveness in a demanding role. Many grandparents fear family life or financial support being jeopardised by the assessment. One grandparent said:

To get that support I had to be assessed to see if I was suitable to care for Sophie, having at that stage had her for over two years.

It is important that any new assessment process is designed carefully, is sensitive and is introduced cautiously. We are all well aware of the serious problems surrounding the Commonwealth Government's home insulation scheme—problems that principally arose because the scheme was introduced in haste and without adequate preparation. The current plan for reassessing eligibility for support is fraught with such risks and this is exacerbated by the intention of reviewing cases already determined by the Family Court—even though these cases have undergone the same Department of Community Services assessment as they would for the Children's Court. No wonder grandparents are afraid!

The Minister included an assurance that this new process would consider each new individual circumstance carefully and sensitively. It is essential that assessments are done consistently, compassionately and with empathy. They need to maximise objectivity and use language understood by laypeople. Assessors should have the maturity and breadth of experience to communicate effectively and to discern where support is justified. I am advised that the Department of Community Services is training 400 case assessment officers. This is a clear indication of the size of the task at hand and it is also an indicator of how much is at stake.

I understand that there are virtually no areas under the Department of Community Services that do not pose significant challenges. I know that the Minister and staff work hard to balance demands. However, from time to time mistakes will be made. I call on the Minister to look particularly hard at the role of grandparent carers and ensure that new procedures are not used as cost cutting but as an opportunity to strengthen the role that these courageous and loving family members have accepted on behalf of society in raising their grandchildren.

Mrs KARYN PALUZZANO (Penrith—Parliamentary Secretary) [5.26 p.m.]: I thank the member for Lake Macquarie for raising the issue of grandparents as carers. I acknowledge that there is a very strong group, Grandcarers, which advocates on behalf of people who care for their grandchildren. As the member for Lake Macquarie outlined, that area needs a lot of empathy and compassion, because it deals with family members and family structures. Grandparents often find that they are the primary carers of their grandchildren. The member for Lake Macquarie acknowledged that grandparents in his electorate have raised this matter with him. I acknowledge the Western Sydney Grandcarers Support Group, which was initiated by Jennifer Hollingworth. Jennifer is from Kingswood and was the first International Women's Day nominee in 2005, when local members could nominate people for that award.

I met Jennifer at one of my first Pollie in the Park meetings, almost seven years ago. She told me of her situation. I had not been aware of grandparents as carers, but she articulately outlined exactly the issues facing those grandparents many years ago. She may have moved away from that organisation but, as she explained, it went from her circle to New South Wales and is now national. If the member for Lake Macquarie needs assistance in raising and discussing this matter with the Minister for Community Services I will endeavour to work with him. Every member will have these concerns in their electorates, and they need to be raised empathetically and sympathetically, because they are all individual.

Private members' statements concluded.