TOBACCO ADVERTISING PROHIBITION BILL
Bill read a third time.
JOINT SELECT COMMITTEE ON FIXED TERM PARLIAMENTS
Report
The Hon. J. M. SAMIOS [2.36]: I table the report and minutes of proceedings of the Joint Select Committee on Fixed Term Parliaments on the Constitution (Fixed Term Parliaments) Special Provisions Bill.
The Hon. J. M. SAMIOS, by leave: As Vice-chairman of the Joint Select Committee on Fixed Term Parliaments I have tabled the report on behalf of the chairman of the committee, Malcolm Kerr. I thank members and staff for their dedication and effort in presenting a comprehensive report in a very short time. Their effort was herculean. I thank those staff named in the report.
PETITIONS
Forestry Commission
Petition praying that the Forestry Commission of New South Wales be reformed in accordance with the recommendations of the Public Accounts Committee and that the House urge the Government to act immediately for the good of our environmental heritage and the health of the plantation timber industry, received by the Hon. R. S. L. Jones.
Page 5154Abortion
Petition praying that the House not support the restriction to hospitals of the existing abortion services in New South Wales or any restriction at all to a woman's right to choose to control her own fertility, and that the House vote against any proposal to change existing arrangements or to limit women's access to medically safe abortions, received from the Hon. Ann Symonds.
Public Health System
Petition praying that the House resist all moves to implement productivity savings in the public health system, to close hospitals and to downgrade services without consultation with both the community and interested bodies, received from the Hon. Dorothy Isaksen.
ENVIRONMENTAL PLANNING AND ASSESSMENT (CONTRIBUTIONS PLANS) AMENDMENT BILL
Second Reading
Debate resumed from 19th November.
The Hon. I. M. MACDONALD [2.45]: For a number of important reasons the Opposition supports generally the Environmental Planning and Assessment (Contributions Plans) Amendment Bill, which arises from the findings of a report prepared by Mr William Simpson the deputy chairman of the commissioners inquiring into environmental planning. The report referred to section 94 contributions, in relation to which a number of questions were unanswered, and made recommendations to remedy the situation. Mr Simpson found that the operation of manned public car parking areas will expand at least in major centres, even if only to provide some security. He referred to collections to be used for car parking purposes. He stated:
The Sydney City Council in its code states that contributions are levied under the Local Government Act and not section 94 and therefore are for the establishment, operation and maintenance of public car parking facilities and associated works within the district in which the development is located. However, to date, the $13 million collected for such purposes by the city as car parking contributions has not been used for those purposes.
That is one example of the many council collections that are not applied to the purpose for which they were intended. Mr Simpson stated further:
Evidence indicates that between 1980 and 1989 one established urban area council received $2,241,793 for open space formula contribution pursuant to a land acquisition cost formula. However, it had not acquired any open space during such period, had no plans to do so, and had expended $777,913 on the embellishment of existing open space. Evidence also indicates that it would be difficult, if not impossible, for many established area councils to finance an open space acquisition program having regard to fiscal restraints and the high cost of land acquisition. Also in many cases, even given the financial capacity of councils to do so, the practicality of implementation must be suspect and at best long-term by reason of the difficulty of acquiring land in suitable locations in established areas. Another relevant consideration is the loss of rate revenue and cost to the council of servicing increased open space.
The report of that long and involved inquiry provides a profound analysis of section 94 payments. Its conclusions, which the Government has chosen to embody in this legislation, are significant. Commissioner Simpson, in answer to the question "Should
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there be a limit as to the type of category for which contributions may be sought?", stated:
Yes - Pursuant to a Section 94A direction by the Minister which should remain in force until adoption by a council of a satisfactory Section 72 Development Control Plan.
To the question, "Should there be a limit on the amount of contributions?", Commissioner Simpson stated:
(i) be opposed to the logic, nexus and fair apportionment of cost concepts, which justify and support the existence of what is in effect a special user-pays tax levied to satisfy the public services/amenities occasioned by the development.
(ii) fail to have proper regard to cost variables occasioned by differing demographic, land cost and construction circumstances in and between the various local government areas.
In answer to the question posed in the terms of reference, "Do contributions increase the price of land?", the commissioner stated:
Yes - Extent of the increase is dependent upon cyclic period of land market - generally a marginal increase and not to the extent of negating need for such contributions.
That point is important. Many developers have long argued that these payments should not be imposed for social recovery cost of a development. The report states, in relation to the need for a limit on the amount of contribution, that evidence indicates that in past years in most urban release areas section 94 contributions have not satisfied all the needs created by development. That clear statement should be acknowledged by those who believe that these contributions should not be imposed because they raise costs and are anti-development. Rather, those costs are important in supplying proper infrastructure required for a particular development. Mr Simpson makes clear that such contributions do not cover most infrastructure development costs and answers the fourth question, "When should the contribution be paid?", by stating:
Development applications involving subdivisions - at release of preliminary plans.
Development application involving building work - at time of building approval pursuant to Local Government Act 1919.
Development applications where no building approval required - at the time of development consent.
Mr Simpson has outlined a procedure to determine when contributions should be made to assist infrastructure development. In response to the question, "Should councils be more accountable in the way they spend contributions?", his emphatic response is:
Yes - Publicly available Development Control Plans -
as he calls them, though in the bill the term used is "contribution plans":
- prepared pursuant to section 72 of the Act should specify need occasioned by development, measures and time necessary to satisfy same, including methodology and formulas used. Accounting procedures should be such as to ensure information is publicly available indicating source of contributions, where, when and for what purpose it was or will be spent.
In preparing his report the commissioner considered an entertainment centre development in the Baulkham Hills shire that was financed partially by a type of levy on developers
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under section 94. That section of the Environmental Planning and Assessment Act empowers councils to impose a requirement for contributions on developers for services and public amenities including open space, drains, roads and associated works, car parks, community facilities and equipment that will be needed as a result of their developments. For years developers have maintained that section 94 contributions are disguised attacks on development and serve only to increase the cost of land. Commissioner Simpson has found that these contributions increase the cost of land marginally compared with other development costs and are needed to satisfy the infrastructure needs of further development. Developers have claimed that councils are not accountable for expenditure of contribution funds and that section 94 has not been applied consistently. Indeed, the surveys in the report demonstrate that many guidelines have been used to implement section 94 payments. In fact, the commissioner could not assess or identify any consistent basis for the implementation of these payments.
Councils have argued that section 94 contributions are essential for the provision of urban infrastructure. Such contributions have become increasingly important in this era of difficult public sector funding and cutbacks at both Commonwealth and State levels and are vital in the overall infrastructure budgets of councils. Mr Simpson stated further in his report that councils should be made more accountable for development control plans. Accountability is an inherent part of the proposed legislation. Mr Simpson also found that contributions are a legitimate user-pays tax upon developments that are likely to create a need for public amenities, that councils would need to demonstrate that contributions were necesary to satisfy that need, that the contribution amount was fair and reasonable, and that the contribution system operated in an equitable manner. An important provision in the bill endeavours to set out a procedure to access the amount of contribution and its proper use. That provision will ensure that section 94 payments for a new housing estate are not applied to an entertainment centre, important though such a development might be. The contributions are user-pays levies to provide necessary development infrastructure.
The Commissioner found that in many cases contributions had not been applied to the purposes for which they had been raised. For that reason the Opposition believes that the proposed legislation is useful but proposes to move two amendments, one to require a specific period of public notice for contribution and control plans and the other to ensure that necessary steps proposed in the bill are taken. The Minister singled out Coffs Harbour and Baulkham Hills councils for special treatment. Notwithstanding his comments about those councils, I believe that Commissioner Simpson took a broad approach to the issue and traversed it widely. The Commissioner was of the view that councils were using the levies as a general tax rather than a specific contribution to the social recovery cost of a particular development. Many developers, the Commissioner found, could not designate the contributions that local councils had spent on development infrastructure. That finding is reflected in the concentration in the bill on the need for accountability. Funds, if raised for a specific purpose, will apply to a particular development and not generally. Inquiries conducted by Mr David Landa, the Ombudsman, dealt in detail with section 94 payments to several councils, in particular Baulkham Hills council. He found there had been improper conduct by the Baulkham Hills Shire President, Councillor Bernie Mullane, the Shire Clerk, Ted Simpson, and Councillors Trevor Pearson and John Ferrari, in seeking donations towards the Entertainment Centre which cost in excess of $15 million.
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I shall not traverse that matter in any more detail. It is well and truly on the public record. It was quite an improper use of section 94. Although I concede that such a development has merit in terms of the general social infrastructure of the Baulkham Hills shire, it is, I believe, outside the ambit of section 94 for a council to make such claims upon developers. The Ombudsman, in dealing with this matter, made a number of findings. He felt that sanctions should be able to be imposed on council members as an alternative to the extreme action of sacking an entire council and calling a fresh election; means should be found of taking disciplinary action against individual council officers; the Local Government Act should be amended to curtail the potential for donations of any type to be sought when associated with an approval process and criteria should be established that a council can refer to when rezoning land. He made a number of findings on other matters. Mr Landa also went on to say that local government funding often was inadequate to meet the public's demands. He said:
In such circumstances there can develop an understandable tendency for councils in considering development proposals to also consider extra incentives either offered by or sought from developers. It appears to me that as councils attempt to fund increasing burdens on limited resources occasions on which they are faced with the possibility of receiving contributions allied to development proposals will at least continue if not increase.
That is an important aspect of this particular legislation. The Government is seeking to control the operation of section 94 but, increasingly, councils, because of the financial constrictions and constraints placed upon them over the past 10 years or so, are facing difficulties in being able to meet the general and social infrastructure needs of local government areas. It appears to me that the Ombudsman, in dealing with the matter involving Baulkham Hills shire, has put his finger on some most important aspects. Councils that do not have adequate funding can be tempted to apply these funds more generally. As Mr Simpson found, they treat them as a general tax rather than a specific tax. Honourable members should keep at the back of their minds that, like other areas of government, most local government areas are facing severe cost problems and financial difficulties and that money is not as readily available as it once was, yet the demand for social and general infrastructure is high. As a consequence, honourable members must remember that closing off the ability of councils to raise a general tax will mean that some councils will have difficulties in the future.
It is important to note that the operation of section 94 does not meet major areas of social infrastructure needs. For instance, the proposed development of a city the size of Canberra in the northwest of Sydney will need billions of dollars worth of infrastructure, both social and general, to meet its needs. Section 94 contributions will go nowhere towards providing the sorts of payments for infrastructure that will be required to ensure that the amenities in that large-scale area are up to standard. Honourable members should bear in mind that 330,000 people already live in the Baulkham Hills-Blacktown area. There are about 1,494 beds in various hospitals in the area; combined, there are 70 primary and 22 secondary schools; and child care remains an immense problem, with 3,900 places in 113 centres. The child care needs at present in Baulkham Hills are immense, but the existing resources will become even more stretched with the implementation of a major plan such as the northwest sector development, which I expect to be off and running by the turn of the century. Billions of dollars will be needed to meet infrastructure needs.
I have mentioned schools, health and child care needs, but the provision of roads, electricity, sewerage and water will also require the spending of billions of dollars. Section 94 contributions will go nowhere near meeting even a small proportion of the cost of that infrastructure. Honourable members should not think, therefore, that section 94 contributions are critical to the development of this State. They are an important element
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but, as Commissioner William Simpson said, they provide a relatively small proportion of the cost of the infrastructure of a development. It is necessary, nevertheless, to assist councils to meet infrastructure costs. As a consequence, the Opposition takes the view that it will support the proposed legislation but with two minor amendments that it believes will improve accountability and public participation in the contributions plans.
The Hon. PATRICIA FORSYTHE [3.6]: I, too, support this legislation. I noted that the Opposition said it generally supports the legislation. As I listened to the Hon. I. M. Macdonald, I thought he gave more than general support; it was almost wholehearted support until, towards the end of his speech, he enlightened honourable members that the Opposition proposes to move a couple of amendments. It is a pity that honourable members cannot talk to those amendments yet because at this stage, other than mentioning them, the Opposition has not indicated what it is proposing. I assume from what the Hon. I. M. Macdonald said that the Opposition proposes to introduce into the legislation, among other things, a defined period during which contribution plans would be on public view. That is different from the Government's proposal, which is to provide for such period by way of regulation. I should have thought the Government's intention to align to local environment plans the procedure followed in respect of contribution plans was probably to ensure logic without necessarily enshrining that procedure in legislation. But, without the benefit of knowing what the Opposition's amendments propose, I cannot comment any further than that.
The bill is a classic example of legislation that will cause absolutely no difficulty to councils that do the right thing. The councils that have developed an understanding with developers will welcome the legislation. It is a classic example of where councils that have sought to do the wrong thing - to misuse the present legislation - will find difficulty in meeting the new requirements. The far more open and accountable approach to section 94 contributions and the relationship between developers, councils and the general public will cause difficulty for councils that do the wrong thing, yet the Government would say that for the vast majority of councils it is a case of doing the right thing and being acknowledged for it. There would be no commissions of inquiry if all councils had done the right thing. The Minister said in his opening remarks that the bill was very much about the need to ensure that services and infrastructure are provided in all areas where new development is occurring. That is a matter that is well understood by the Government. Indeed, that is the essence of section 94 contributions. They are about ensuring that infrastructure and development go hand in hand. They are a means of overcoming the problem of infrastructure not keeping pace with development, particularly in growth areas.
Section 94 of the Environmental Planning and Assessment Act allows local councils to obtain contributions from developers for the provision of services and amenities needed as a result of their developments. That is an important tie. On the one hand, developments are taking place and, on the other hand, the consequences of those developments are examined by local councils. For several years the problem has been that some councils have simply failed to look at the consequences of development. They have had no defined pattern or plan, and it is little wonder that developers are critical of local councils when there is no logic to the system that underpins these contributions. The levying of contributions under section 94 is certainly not a new concept in New South Wales or Australia. Indeed, the concept is found in the planning process of a number of major developed countries, in particular the United States of America. As a concept in New South Wales, section 94 contributions originated in the Local Government Act of 1919 when such contributions were regarded as a means of providing parks and road construction. In 1979 the Environmental Planning and Assessment Act expanded
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that concept to include public amenities and public services within the area of the consent authority. Within the area of a council dealing with a particular plan, section 94 contributions were meant to be given for the provision of public amenities or public services. That was a considerable widening of the original 1919 concept.
It is a concept, therefore, about the provision of urban infrastructure and is regarded as being very much a response from the private sector rather than the public sector. The concept ties what a developer proposes to the consequences of that proposal. Undoubtedly the system, though generally supported, does attract criticism. The basis of many of the criticisms stems from the way in which local councils have used their powers under the Act. In particular, contributions are often regarded as being unreasonably high and it is claimed that they are not spent on the services or amenities for which they have been raised. I shall return to those criticisms later. Underlying those criticisms is the theme of lack of accountability, with developers realising they are at the mercy of the decision of a council with no logic or clearly defined plan. In 1989 those criticisms led to the previous Minister deciding to institute a commission of inquiry. Commissioner Simpson was appointed, and throughout 1989 he undertook a series of public hearings. He received 123 submissions, many from local councils and developers. Those two groups approached the inquiry from opposite ends of the spectrum and both had legitimate points to make. Undoubtedly for local councils section 94 contributions are a brake in the system of approving developments. They ensure that when a development is approved there is a means of assisting the community. Where councils have done the right thing and where the consequences of developers' contributions can be seen in the form of public amenities or services, there should be no criticism. After all, the concept has been widely accepted in New South Wales for a long time.
Problems have arisen where councils have done the wrong thing. The Minister highlighted that in his second reading speech. The Hon. I. M. Macdonald used the same examples as the Minister: Baulkham Hills council and Coffs Harbour council. Any honourable member with knowledge of a council operating in a growth area may have a story to tell. I fear many stories have been left untold. The amendments in the bill are very much a response to the report of Commissioner Simpson. Their introduction is timely, coming at a time when local government is moving towards a new and more modern approach to government, with the theme of more accountability as a result of the almost completed and rewritten Local Government Act. The essence of this legislation is about ensuring more openness in local government and, therefore, more accountability. I am sure all honourable members applaud that aim, as do all responsible people in local government, particularly professional groups, planners and, of course, developers who are required to make contributions under section 94.
Some developers have a bad name; some developers have a good name. It is the developers who subdivide the land and build the houses. The contributions that they make under section 94 are much needed for the provision of parks, open space, road construction and other amenities, such as child care facilities. In that context, developers have been very much a part of the debate. They have raised legitimate concerns. The move towards a more open system where a council is accountable to the public, and, in a sense, to developers, must be welcomed by the developers, though the underlying theme of Commissioner Simpson's report is that developers find these contributions an impost which they wish they did not have to bear. The proposed changes to section 94 are designed to improve the accountability of local councils, both financially and to the public. The key features of the bill will ensure that that occurs. I refer in particular to the requirement that councils must adopt a contributions plan, which will be a public document. This plan must be prepared before a council can levy contributions. In other
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words, before the council approaches the developer, it must set out its needs in its contributions plan so that the developer knows his obligations under an open, publicly appraised document.
The developer and the public will be aware of what is expected. Such plans will ensure community involvement as they will be required to be exhibited and any submissions made in respect of them considered. That sits well with the other elements in the planning process, in particular the process in respect of local environment plans. To some extent that is why I am a little surprised at the intent of the proposed Opposition amendment, the details of which are somewhat vague. The time that such plans must be exhibited will be set out by regulation and will be similar to the period that local environment plans must be exhibited. However, honourable members will have to wait a little longer to hear what the Opposition has in mind. I believe councils will welcome this move towards the establishment of contribution plans, though, of course, a few councils - probably those mentioned by the Minister and some others - will not like that concept. They will not like being accountable, being open and having to be seen to be responsible to their community.
It is a pity that in the past few years a few councils and a few irresponsible councillors have dragged everyone else involved in local government down with them. The Minister mentioned the Coffs Harbour council. As I recall it, about $16 million which has been set aside as a result of contributions under section 94 has not yet been spent in the interests of the community. Yet the whole ethos of section 94 is that those contributions be raised as a consequence of need that had arisen as a result of development. Coffs Harbour council, which was not renowned for having the best infrastructure, has managed to squirrel away $16 million. This legislation is timely because it will lift the spirit of all councils that do the right thing. It will draw attention to the very few councils that have not done the right thing. Anything that reminds the public that in general very good people are involved in local government, with the exception of those involved in a few councils who bring the system down, is clearly on the right track.
The concept of a plan was raised by a number of people in their submissions to Commissioner Simpson in 1989. I identify in particular the Building Owners and Managers Association, which I guess we could say represents the vast majority of the large developers. It saw the need for a plan and I am sure that it will welcome this proposal. Indeed, Commissioner Simpson noted in his findings that many councils had failed to approach their responsibilities with regard to section 94 in a professional manner. He noted in particular that need had been assumed without proper studies being undertaken. That is very much what the concept of a plan is about: councils must identify the need that arises out of a development and how it proposes to fulfil that need. I think Commissioner Simpson defined it in his report as the nexus approach: tying the development and the need that has arisen from it to how the contributions would be used. That is the concept that will underlie this plan.
The preparation of a plan, if nothing else, will oblige the council and the councils officers to stop to think what the need is that will arise out of the development. Commissioner Simpson made much of the importance of this need when he looked at the question of placing a limit on the amount of contributions. He concluded that a limit could not be imposed because that was opposed to the whole logic, nexus and a fair apportionment of the cost concept. He noted that to impose a limit would be to fail to have a proper regard to the cost variables occasioned by differing demographic, land cost and construction circumstances. A limit could not be imposed; that was the responsibility
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of each council. After all, one of the fundamentals of local government, which this Government acknowledged, is that there are 176 councils and effectively 176 different communities with different community needs. The Government, rather than being too prescriptive, has put the onus on local government to interpret its needs and to justify them to the local community. That is the essence of this bill.
The introduction of the concept of a plan will also ensure a measure of consistency between councils. Notwithstanding the differing needs of the councils, a measure of consistency will be developed because the same underlying themes, the same basis of determining the need and the same basis of justifying how the money will be spent will come through in the concept of a plan. There will be different plans but the model will be the same. This has been one of the criticisms of the development industry - that industry has given millions and millions of dollars for the wider good of the community, but that contribution is so easily ignored. Often in debates in this Chamber over the years I have heard discussion about developers as if they are two-headed, multihorned, white shoe people who are an insidious element in our community. In fact, they are the people who subdivide the land and build the homes and the office blocks. They are the people who keep our State moving. We need them and we need to give them a measure of support. Commissioner Simpson recognised this. He picked up many of their criticisms, in particular the lack of consistency among councils.
In preparing a plan the first thing a council will have to do is appraise its community's needs. It sounds fairly simple but some of the submissions to Commissioner Simpson give a clear picture of many councils not taking that first common basic step. That was what in the first place flagged the need for a commission of inquiry. Many councils were raising section 94 contributions with little regard for how they would spend the money. There are many obligations on local councils but in relation to this bill the first will be to appraise community needs. As I said, Commissioner Simpson identified the nexus concept. The council must identify the need, establish how the development has created the need and then seek contributions in order to satisfy the need. Fundamental to the whole concept of section 94 contributions is that the contribution is meant to be given to satisfy a need that has been generated by the particular development.
Regrettably, numerous councils have seen section 94 contributions as an opportunity to satisfy some council-wide need. The provision of a housing subdivision in one area may create a need for child care facilities in that area, but creating an open space in another area would bear no relation to the development. It is no wonder that councils are criticised from time to time because of such actions. Therefore, this legislation should be welcomed as an attempt to open up the system. The people who have to give the dollars should know how they are spent and councils should be accountable. The concept of tying developments to a particular need is absolutely fundamental to the proper working - indeed to the whole spirit - of section 94 contributions. Commissioner Simpson said in his conclusions that section 94 contributions were a special type of user-pays tax that should be structured and administered to ensure that the need is identified; that the measures adopted by the taxing authority are defined, quantified and costed; that the users' contribution, or tax, is a fair apportionment of the cost of satisfying the need; and that the consent authority - in general the council - is publicly accountable to demonstrate measures and factors relied upon to determine the contribution. Above all else, the contribution system should be operated in an equitable manner. Nothing could be fairer.
The Government has followed those recommendations in the bill. Section 94 should not be criticised for its past workings, but after 10 years it was appropriate that
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the Government should make amendments, especially at this time when so many other changes are about to be faced by local government. I refer in particular to a more open approach and the new systems of accounting involved in this system. These amendments are a most significant step in ensuring the nexus between development and the need for an additional amenity or service. The amendments also address the criticism of the system that quite often contributions levied are not used for the purpose for which they have been raised. This leads on to the other key provision in the bill - the financial and accounting principles that underpin section 94. One of the main problems with section 94 has been the failure of some councils to apply funds levied in a reasonable time and, one could add, in a reasonable manner. Funds levied under section 94 are held in trust. The accounts of the funds are not required to by publicly identified. This is way out of line with the move towards accountability. The problem has been that, though the initial funds have been held in trust, the interest that has been earned has not been required to be applied back to the original funds; it has been spent in the general funds of the council.
Logic tells us what a council could do if it wished to rort the system. A couple of examples of that were identified, but I suspect that there are many more in local government. The council could go on squirreling away funds it has acquired under section 94 - not accountable, held in trust - while applying the interest to general funds for other purposes. I used the example of Coffs Harbour, which involved millions of dollars.
Because inflation is shrinking there is no incentive for councils to use the original amount. They are just drawing on the interest. That is regrettable, and it is no wonder that developers have been critical of the section 94 system. The move will be to change the method of keeping and reporting section 94 funds. Under the existing legislation those funds have been held in trust, with the interest earned applied to the general fund. By using the interest for other purposes the funds have been devalued. This measure proposes that the funds will be held in the normal accounts of the local government body and will be subject to the audit and accounting standards to be adopted by local government. Local government is moving to a new accounting system, the Australian accounting standard No. 27. That system will be open and accountable, and members of the public, the council and the developers will be able to see clearly when the funds were raised and what has happened to them. It is that, more than anything else, that will do much to give the community and developers confidence that councils are doing the right thing and it will improve in general the name of local government.
As I have said throughout this debate, good councils become dragged down by the few that have consistently used section 94 incorrectly. There are a few councils across the State, principally small country councils, that have not had any need to use section 94 contributions. Commissioner Simpson in his recommendations on section 94 noted that the importance in the administration of any system was to establish and make it publicly relevant; that one could see that it was created by the development; how the need and the method was to be satisfied; and above all else that it was done in a reasonable time frame - not that the need would be created years into the future, but that the need would arise out of the development. Therefore time becomes important. The move of section 94 contributions from the trust funds to the accounts in local government will mean that this factor of time will become so much more important. It will be open to public scrutiny, to audit, and to account.
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The commissioner noted also that in considering contributions councils should consider any determinants of the Land and Environment Court and the concept of accountability procedures and practice. Local government should look at the means adopted in the past and ensure that everyone was comfortable with the system. By requiring a council to bring out a plan before it levies a contribution of which the developer, the public and the council are appraised, the provisions of the legislation will justify why a particular amount is being sought in the context of the need and, having raised the funds properly, will account for those funds, so that they are open to public scrutiny and are able to be audited and so that the community can have faith in the system. That is the theme underpinning this legislation. The section 94 concept is good. It is one which is very much part of the community in New South Wales and has been well accepted since 1979. It moves with the times and the theme of accountability and open government. I have much pleasure in supporting the legislation.
The Hon. JAN BURNSWOODS [3.34]: As the Hon. I. M. Macdonald said, the Opposition generally supports this bill but proposes to move two amendments in Committee. The bill follows the main outline of Commissioner Simpson's report made in October 1989 on the operation and practices associated with contributions under section 94 of the Environmental Planning and Assessment Act. Commissioner Simpson supported the concept of section 94 contributions to provide for public amenities and public services generated by new developments, but he had a number of criticisms to make of the way many councils failed to exercise their responsibilities professionally under section 94. Basically he recommended that councils should prepare a plan that would enable the proper administration of contributions and that the plan should be implemented as a development control plan under section 72 of the Environmental Planning and Assessment Act.
A circular was issued to councils a month or two ago outlining the proposed amendments to the Act along the lines of the objectives of Commissioner Simpson's report and the proposed amendments to the regulations. Councils also received a draft manual for preparation of section 94 contribution plans. The draft manual and the council requirements clearly will have major implications for councils' available staff resources. It may be that some parts of the manual will need rethinking in the light of the additional weight to be placed on councils. The draft manual sets out the steps in making a contributions plan and includes examples of methodologies, the determination of the nexus between development and facilities, public accountability, financial accountability and other issues. Some of the main requirements in administering section 94 contributions under the draft manual include the following: a contributions plan must establish clearly the need for amenities and services generated by anticipated development, which has always been a requirement of section 94, but the nexus will now be included in an adopted plan and placed under public scrutiny; the contributions plan must have a schedule attached, which will advise the current contribution rates and set out a works program detailing the services, facilities or amenities to be provided, timing and phasing of provisions and the cost of the work; councils will be required to produce an annual financial statement for each contributions plan, showing anticipated income and expenditure. Costs and contributions will be able to be indexed once the methodology has been set out in a contributions plan. However, any changes in facilities provision or the time frame can be made only as a result of further public participation.
In terms of financial accountability, councils will have to determine spending priorities for each contributions plan, and financial records must show the movement of section 94 both into and out of the relevant internal ledgers. All interest earned must be credited to the section 94 reserve and apportioned between appropriate section 94
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contributions plans and purposes. The interest must not be used for purposes other than those identified in the work schedule to the section 94 contributions plan. Planning studies which establish a comprehensive approach to the administration of section 94 may be funded from contributions. Councils also may fund a section 94 officer from contributions, provided that officer is employed solely on the administration of section 94 contributions and the cost can be justified in terms of the overall amount of contributions likely to be received by councils. I turn now to details of a submission prepared by Liverpool council which was forwarded to the Department of Planning in response to the draft manual. That submission makes some points about the manual and the regulations which perhaps need to be taken into account by the Minister and the department. The first point is a comment about the requirement that the contributions plan defines the time frame and priority for the provision of services and amenities. Any changes can be made only as a result of further public participation. The time frame is dependent solely on the rate of development within the contribution catchment of a particular facility. The council stated:
Whilst development rates are estimated for planning purposes, it is virtually impossible to accurately predict what is essentially a function of the property market. Therefore, development rate projections and the consequent timing of facilities provision is a process of constant revision.
The Manual should allow for time frames to be adjusted without public consultation where adjustments are due to a change in anticipated development rates only. Changes in priorities or Council policy should only occur after public participation.
A further matter for comment is the reference in the draft manual that in all situations deferred payments should be acceptable subject to financial guarantees. Liverpool council has accepted bank guarantees in specific circumstances where this is warranted, however, it is aware of the danger if the manual requires councils to accept bank guarantees in lieu of payment across the board. It could, for example, lead to significant shortfalls in section 94 funding levels because of inflation and the loss of potential interest earnings. It is suggested, therefore, that a bank guarantee should be acceptable only in specific circumstances subject to agreement by the council and the developer on an individual case basis. A further requirement is that a full schedule of amenities and services for which a council wishes to levy should be included in the schedule of works attached to the plan. The draft manual states:
This should comprise projects which would be completed within a reasonable time period, that is in general, no longer than five years.
Though it is desirable for section 94 moneys to be collected and used for facilities within the shortest possible time, Liverpool council is concerned that the draft manual limits section 94 plans to amenities and services that will be provided within a five-year time frame. This would not be practical for large scale release areas such as Hoxton Park, where the time frame of facilities provision will be in excess of five years, particularly with regard to district facilities. This matter should be clarified by the Department of Planning. Clarification is required also with regard to community amenities in established urban areas. The relevant section provides:
Contributions cannot be sought to redress backlogs in amenities and services. Also, contributions cannot be levied where facilities are already adequate, although Council can recoup costs incurred in providing amenities in advance.
Clarification is sought about whether a contribution can be collected for an existing facility that has been funded by general revenue at some time prior to a section 94 plan. If so, it must be clarified that section 94 contributions can be paid into general funds.
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Another section recognises the accepted practice that planning studies that establish a comprehensive approach to the administration of section 94 by council may be funded from section 94 contributions. Liverpool council has undertaken a number of separate studies, including trunk drainage strategy and archaeology, that do not take a comprehensive approach to the administration of section 94 but that do establish the need for specific land to be reserved for public purposes, capital works required or facilities required. Again the Department of Planning should clarify whether under the draft manual guidelines councils will be entitled to recoup the cost of such studies under section 94. It is apparent also that councils will not be able to levy contributions for one-off developments that have not been anticipated in a contributions plan. The department must examine separate mechanisms for one-off developments, particularly having regard to present trends towards flexible zoning.
On page 35 of the draft it is suggested that councils may not wish to nominate specific community amenities in their plans. Instead, a certain amount of floor space may be nominated for a specific catchment to provide councils and the local community with additional flexibility in the provision of facilities and amenities. This suggestion seems to contradict most of what the rest of the draft is proposing. In this situation it would be impossible to provide a works schedule until much later, even if costings and a broad priority schedule could be designed with the initial contributions plan. The Department of Planning must clarify this matter and provide for flexibility if councils wish to approach local level amenities in this way. The draft manual refers also to the commonly accepted standard of 2.83 hectares for 1,000 people. That is the reference point with regard to open space.
Recently a working party reviewed the department's guidelines for the dual use of drainage open space and outdoor recreation and open space. The review revealed a movement away from rigid standards towards a needs-based open space planning approach. To be consistent the section 94 manual should delete all references to a fixed standard of open space, otherwise it will conflict with the recent trend to adopt flexible standards. An examination of the draft manual and the proposed amendments to the Act and regulations shows that there will be a significant impact on staff resources in the development of health, engineering, corporate and human services. If the legislation is enacted in the suggested period, within 12 months councils in large growth areas such as Liverpool will have to prepare a number of separate contributions plans including needs assessment, costing of facilities and amenities, specific works programs and financial forecasting. There must be a commitment to on-going financial management to meet the reporting requirements of the draft manual. These matters must be a priority for councils. Given that urgency, the Opposition supports the need for this legislation to have effect within a year or so. The matters about which councils have been asked to prepare submissions should be addressed promptly to ensure that councils are as well prepared as possible to deal with the new arrangements with regard to section 94.
The Hon. J. F. RYAN [3.47]: I have great pleasure in supporting this legislation. The Greiner Government has committed itself to a policy of opening up government to the people and making it more accountable. The Government introduced the Freedom of Information Act, the Independent Commission Against Corruption Act, and a variety of other reforms too numerous to detail. The Parliament now sits for many more days than it did in the past and the consultative process with regard to landmark legislation has been wide. The public and the Opposition have had ample opportunity to examine legislation to ascertain its potential impact on the community. Accrual budgeting
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has been applied by the Government to the budget documents. Consequently it has become clearer what projects cost and how they will be funded. This reform to the Environmental Planning and Assessment Act is an extension of the same regime of open government that the Greiner Government has applied to itself being applied to local government. It will ensure that the enormous amounts of money involved in contributions by developers to councils for the benefit of those who live within the ambit of individual councils are used for the purpose for which they were intended, and that the process involves the public and is as open as possible.
A draft manual is also being prepared to assist councils in the calculation of section 94 contributions. The draft manual is not set in concrete but will assist councils in their consultations. I understand from the Minister and his advising staff that many submissions about the manual have been received and are all being taken seriously. The bill only concerns actual administration of section 94 contributions for the projects for which they are collected so that they are applied to the purpose intended in the bill. Western Sydney, where I live, is an area of enormous growth. Councils in western Sydney make great use of contributions under section 94 of the Environmental Planning and Assessment Act. Last financial year Campbelltown City Council collected $1.1 million worth of section 94 contributions and almost $1.7 million the previous year. Yesterday Campbelltown City Council opened a 500-plus car park that attracted similar contributions. The total cost of that project was $3.7 million. Western Sydney councils have great responsibilities in administering these funds contributed by developers. It is important to ensure that the proposed legislation has no adverse impact on the manner in which these contributions are collected and used in the important growth area of western Sydney.
I am proud to say that my inquiries lead me to say that the bulk of councils in western Sydney collect and administer these funds in a manner intended by the proposed legislation. As the previous speaker said, the Liverpool City Council - and I notice in the gallery a member of that council - whatever else might be said about it, seems to have administered those funds properly and appropriately, and the proposed legislation will have no adverse consequences for it. Campbelltown City Council, as will become clear from the detail I will provide to the House, is another excellent example of a council doing the right thing. Those councils fairly ask the question: if they are doing the right thing, why should other councils be allowed to get away with skimming, in some cases, millions of dollars of section 94 contributions interest, with not specifying how the contributions are spent, or, as in one instance, with taking the contributions and crediting them to general council revenue? If western Sydney councils can do the right thing, councils throughout the State should be subjected to the same sort of accountability.
I spoke in detail about this legislation with Mr Ian Porter, Town Clerk of Campbelltown council, to hear his views. I discovered, not surprisingly - though that council has no Liberal-endorsed alderman and could not be described as a bastion of Government support - that Mr Porter completely endorses the philosophy and terms of the proposed legislation. He believes, rightly, that amenities provided ought to be in close proximity, as provided in the bill, to the development for which the section 94 contributions are collected, and should come on stream as quickly as possible and be available to the community which needs them at the time of greatest need. In fact, Campbelltown City Council has experimented, in one instance, in a manner that could be said to be in advance of the provisions of the bill. The council found it preferable to encourage developers, where possible, to provide amenities for which section 94
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contributions have been collected. I was shown an excellent example of that policy in the Bow Bowing estate, which is part of a new development within the city of Campbelltown. That estate - 484 lots, I am advised by the honourable member for Moorebank, who knows a lot about that development because it is within that electorate - is being developed by Long Homes. The developer has constructed a community hall, a set of twin tennis courts, four neighbourhood parks, three bus shelters and a series of pedestrian access facilities. Section 94 contributions for that development amounted to $369,000.
I was most impressed by the manner in which those facilities were finished and the fact that they are already available for community use before many of the houses constructed by Long Homes are inhabited. Mr Porter advised me that a number of advantages were created by the developer providing resources up front instead of council having to collect, administer and account for the use of funds and to draw up plans for facilities on which the funds would be used. One advantage was that the value of the fund is not eroded by inflation. Campbelltown council has experimented with the idea of developers providing facilities before homes are occupied. Mr Porter also told me that the council intends to proceed in similar manner with two other large developments, the Menangle Park estate and the St Helens Park estate, in which the principal developer is the Department of Housing. Mr Porter said the council will strive where possible to follow similar principles though that is somewhat difficult when dealing with a multiplicity of developers.
Campbelltown City Council and other western Sydney councils have demonstrated that the proposed legislation will not affect them adversely in that they already find advantage in providing these facilities in close proximity to particular developments as soon as funds become available. Western Sydney councils are already operating without difficulty under a regime similar to that proposed by the bill. However, those councils questioned the need to demonstrate their proven efficiency when Coffs Harbour council and others are able to amass up to $13 million in contribution funds and benefit from $4.5 million interest. Baulkham Hills council, after special audit, was found to be without a proper policy for accounting for those contributions. Reports reveal that Wyong council had sought to levy a contribution for one particular project without specifying the amount. Great Lakes council has been revealed in court to have used these funds to augment general funds. Other councils have been shown to be late in spending the funds rather than when needed. If councils in western Sydney, where development needs are great, and where enormous amounts of money are required to provide these facilities, can do it, other councils can do the same.
The bill provides not inconsiderable safeguards for councils. The proposed legislation will allow councils to retain their independence in preparing contributions plans. However, that independence will be retained in the context of increased accountability and public participation. Councils will not lose independence in preparing contributions plans, nor will they lose any of their present flexibility in spending contribution funds. The changes proposed in the bill will enable contribution funds to be spent on a priority basis as determined by councils, whether for drainage or open space or for other purposes, for the greatest benefit of the community from which the contributions have been levied. Therefore, councils are not losing enormous amounts of their authority; there are safeguards.
The PRESIDENT: Order! Pursuant to sessional orders, business is interrupted for the taking of questions.
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QUESTIONS WITHOUT NOTICE
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NORTH SHORE SERIAL KILLINGS
The Hon. M. R. EGAN: Has the attention of the Minister for Police and Emergency Services and Vice-President of the Executive Council been drawn to allegations that vital information concerning now convicted killer John Wayne Glover was not conveyed to the murder task force? What were the reasons for this inexplicable delay, and what steps have been taken to prevent it happening again?
The Hon. E. P. PICKERING: At this time I am not in receipt from the Commissioner of Police of the detailed response I have asked for on this matter. I have been informed that the reply is in the fax now. I shall give the Leader of the Opposition a detailed response a little later in question time. Honourable members will accept that it was a particularly horrific and extraordinarily unusual crime. Serial killings are a most unusual event, and these crimes were the worst that this country has ever suffered. They resulted in a massive police response. It is easy in hindsight to look back on a major investigation and be critical of some elements of it. The police did an excellent job overall in apprehending the killer. I have asked the commissioner for a response to the specific question the Leader of the Opposition asked. I am informed that I shall have it shortly, and I shall then give it to the Leader of the Opposition.
BLUE-GREEN ALGAE RIVER INFESTATION
Reverend the Hon. F. J. NILE: I ask the Minister for Health and Community Services, representing the Minister for the Environment, a question without notice. Is the Darling River experiencing an ecological disaster through the rapid growth of poisonous green algae? Is a major factor in the spread of this green algae the dramatic expansion of huge cotton farms in Queensland and New South Wales, with extensive spraying of powerful insecticides and huge irrigation systems? What action is the Government taking to protect the New South Wales waterways from this algae explosion and to investigate and monitor the operations of large cotton holdings?
The Hon. J. P. HANNAFORD: I am aware of the issue to which the honourable member refers. Whether the huge cotton farms in northwest New South Wales and Queensland, together with extensive irrigation, have a major influence on the growth of green algae I am not aware, though in times gone by I have been to those areas and seen a number of those farms. I understand from my colleagues that farming practices have a significant effect upon the growth of green algae. That problem was recognised by the Opposition. In fact, the Hon. J. R. Hallam was instrumental in initiating the concept of total catchment management, which has now been implemented by this Government. That plan starts to address the issue by looking at the impact of farming practices and general human practices on waterways. I suppose it could properly be said that our waterways are the garbage tips of poor human management of land. To some extent that is now apparent. I shall refer the detail of the honourable member's question to my colleagues, the Minister for the Environment, the Minister for Agriculture and Rural Affairs and the Minister for Natural Resources, all of whom have an interest in this particular issue. The Government has recognised the problem. My colleague the Leader of the Government in this House has declared the area a natural disaster area. The size of the problem and the damage it can cause are as great as any bushfire. The
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Government has recognised that and, under the emergency powers, is seeking to address the problem.
NORTH SHORE SERIAL KILLINGS
The Hon. B. H. VAUGHAN: I address a question without notice to the Minister for Police and Emergency Services and Vice-President of the Executive Council. Given the explanation at the Glover trial that police had the home of his last victim, Joan Sinclair, under surveillance at the time of her murder, why did the police that day and the following day take steps to prevent neighbours in the street from being interviewed by journalists?
The Hon. E. P. PICKERING: It would be self-evident to honourable members that I have just received a brief from the department and that I have not yet had an opportunity to read it. However, I shall take the risk of reading it to the House. It may or may not answer the question asked by the Deputy Leader of the Opposition. If it does not cover his specific question, I shall pursue the matter further, as it is clearly an operational matter and one on which I shall receive advice from the Commissioner of Police. I am advised by the department, and I am sure this will go a long way towards addressing the question asked by the Deputy Leader of the Opposition, that John Wayne Glover was apprehended by the police in March 1990. He has been convicted of the murder of six women and assaults upon three other women. He has been sentenced to imprisonment for the term of his natural life. In the light of the recent newspaper reports about the police investigation, I sought advice from the Commissioner of Police, Tony Lauer. The commissioner has rejected the claims in the Sydney Morning Herald that police failed in their efforts to investigate the case adequately.
I am informed that 70 police were assigned to this most tragic case at an early stage. The North Shore murder task force examined reports relating to about 740 named suspects and a further 579 unnamed suspects. A total of 10,000 computerised sheets of information were compiled during the investigation to identify the killer. The task force investigated the backgrounds of all known suspects and produced a short-list for further consideration. John Wayne Glover appeared on the short-list and was placed under police surveillance. The surveillance of Glover was part of a massive operation that included continuing investigation of the other firm suspects on the short-list. The fact is that police were unable to lay charges at that stage because insufficient evidence was available. The Sydney Morning Herald has been critical of police in relation to the stake-out of the Beauty Point home of Mrs Joan Sinclair. The visit to Mrs Sinclair was seen as part of Glover's normal routine and did not evoke any concern in terms of the pattern of the previous killings. All previous attacks had taken place in the afternoon when the victims were returning home. The police were conducting a covert operation, and this was explained to the judge and jury. No criticism was made of the way in which the case was handled.
Turning to the latest report, concerning an assault at Lindfield in July 1988, I am informed that no offences of a similar kind had been reported at that time and there was no record on the police incident report of any evidence to assist with the identification of the offender. Mrs Lillian Cheeseman was struck four times on the back of the head and suffered minor injuries. The Lindfield incident occurred eight months before the first granny murder. The early activities of the serial killer were concentrated in the Mosman area, and there was nothing to link the murders with the injuries sustained by Mrs Cheeseman. There is no record to suggest that consideration of the Lindfield assault was included in the 579 unnamed suspects investigated by the task force.
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Moreover, police have no record of the reported telephone call by Mrs Cheeseman's daughter in November 1989. The Chatswood patrol commander has been endeavouring to contact the woman concerned.
Attention has been drawn also to an incident involving another elderly lady at Greenwich hospital in January 1990. Police arranged to interview Mr Glover after that alleged assault, but he was hospitalised after a suicide attempt. He subsequently refused to be interviewed, and at that time there was insufficient evidence for police to charge him with the alleged assault. The relevant information was given to the task force. I should mention that information from the public generated 263 different descriptions of suspects, which were extensively circulated, and police responded to 1,291 individual job assignments. As announced by the State commander, Deputy Commissioner Lance Stirton, inquiries are still under way into possible further offences. Accordingly, it is not appropriate for me to make any further comment pending the completion of the ongoing police investigation.
NORTH SHORE SERIAL KILLINGS
The Hon. B. H. VAUGHAN: I thank the Leader of the Government for his omnibus answer, which did not include a response to my question. I ask the Minister a supplementary question relating to civil liberties. Why, on the day Joan Sinclair's home was under surveillance, did police take steps to preclude any neighbour being interviewed by journalists?
The Hon. E. P. PICKERING: I am not in a position to answer a detailed question such as that concerning an operational matter. I will certainly forward the specific question of the Deputy Leader of the Opposition to the Commissioner of Police and seek his response.
ASIAN SEX TOURS
The Hon. HELEN SHAM-HO: My question without notice is to the Minister for Health and Community Services. Recent media reports have referred to the danger of Australians returning from Asian sex tours with the AIDS virus. Is the Minister aware of this problem? Is he concerned about it and, if so, what is the Government doing to curb it?
The Hon. J. P. HANNAFORD: The honourable member's question is similar to a question asked some time ago by Reverend the Hon. F. J. Nile in relation to Asian sex tours. I am indeed aware of increasing numbers of Australians returning from overseas with the AIDS virus. The problem is of great concern and the Government is taking active steps to curtail it. The rapid increase in the prevalence of HIV infection in some South-east Asian countries, particularly Thailand and the Philippines, poses a significant HIV infection risk to Australian travellers. In November 1990 a study in the British Medical Journal reported that, although 95 per cent of international travellers understand the risk factors associated with AIDS, only 28 per cent believe they face a greater risk of infection while travelling.
The Commonwealth Government is well placed to conduct national education campaigns targeted at international travellers through national agencies such as the Federal Airports Corporation, the Australian Customs Service, the Department of Immigration and links with international airlines. The States are able to support these education initiatives by providing professional input into campaign design and initiating
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action at a State level. The AIDS Bureau of the New South Wales Department of Health previously advised the Commonwealth Department of Health, Housing and Community Services of the necessity to conduct a national campaign on this issue and has subsequently been involved in consultations about campaign design. Earlier this year the New South Wales ministerial advisory committee on AIDS strategy formed a small working group to review programs being conducted for Asian sex workers and their clients. The working group was enlarged and given a brief to review any Commonwealth activity in this area and develop complementary activities in New South Wales.
The report of the working group was considered in October. It recommended that the Commonwealth Department of Health, Housing and Community Services should be strongly encouraged to ensure that in-flight videos form part of the campaign, that messages are placed on boarding passes and immigration papers, that the department correspond with the World Health Organisation and the International Association of Travel Agents regarding a global approach to traveller education, and that the department involve the Australian Federation of Travel Agents and the Board of Airline Representatives in the launch of the campaign and ongoing activities. Subsequently the AIDS Bureau has been informed by the Commonwealth Department of Health, Housing and Community Services that all of these recommendations will be adopted. The in-flight video has been developed and is freely available to be screened on all outgoing flights. A copy will be sent to the World Health Organisation and the International Association of Travel Agents. On 13th November the travel safe campaign, a low-level long-term media campaign, was launched in Canberra by the Federal Minister for Health, Housing and Community Services. That extensive campaign involves the placing in airports of advertisements which make it clear that people should be encouraged to travel safely. Some of the advertisements are headed, "Be it Business or Pleasure, Pack Condoms", "Don't Bring AIDS Home, Travel Safe" and similar graphic advice.
Reverend the Hon. F. J. Nile: What about abstaining?
The Hon. J. P. HANNAFORD: The gravity of the issue is such that we must try to ensure that those who are not interested in that option understand the risks. As Reverend the Hon. F. J. Nile may realise, if people have a greater understanding of the risks, abstinence will be one option open to them. The Government wants to ensure that the public understands the stage the problem has reached, particularly in Thailand, the Philippines and other countries in South-east Asia. New South Wales will support the travel safe campaign by providing for the use of the 008 telephone information line at the Albion Street AIDS Centre. The Illawarra Area Health Service is conducting information and education programs for local travel agents. These are being evaluated and can be replicated elsewhere if successful. Proposals for local initiatives will be discussed at the next statewide meeting of regional AIDS program co-ordinators in early December. Campaign material has been requested from the Commonwealth Department of Health, Housing and Community Services for display at rural New South Wales airports.
A range of programs already exists in New South Wales which targets Asian sex workers and their clients. These programs are conducted by the sex workers outreach project and the Sydney-Parramatta health service. They include an outreach worker and a telephone information service. The AIDS Council of New South Wales conducts a project aimed at Asian men who have sex with men. The States are well placed to strengthen education and prevention programs directed at Asian immigrants. This is particularly important given the size of the Asian sex industry in Sydney. The AIDS Bureau is formulating a strategic plan for heterosexual men which will be directed
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primarily to clients of sex workers, travellers and bisexual men. This plan will be completed early in 1992 and will be a major target of the campaign early next year.
PRISON VISITOR CHECKS
The Hon. ELISABETH KIRKBY: My question without notice is directed to the Minister for Health and Community Services, representing the Minister for Justice. Is it a fact that people visiting prisons, either friends or relatives of prisoners, are now required to give their full names and dates of birth? Is it a fact also that computer warrant checks are then conducted by the prison authorities? If this is correct, how does the Minister justify this invasion of their privacy?
The Hon. J. P. HANNAFORD: I am not aware of the matters raised by the Hon. Elisabeth Kirkby. I will take them up with the Minister for Justice and arrange for a reply as quickly as possible.
COUNTRY AREAS PROGRAM
The Hon. D. F. MOPPETT: My question is directed to the Minister for School Education and Youth Affairs. Is the Minister aware of the country areas program? Is this program effective in helping isolated students overcome their educational disadvantages? Will the Minister give the House specific examples of successful projects under this program and, if possible, assure the House that funding for these projects is not in jeopardy?
The Hon. VIRGINIA CHADWICK: I thank the honourable member for his question and for his continuing interest in education in New South Wales, particularly in equity issues surrounding the education of children in rural New South Wales. His support is much appreciated. This year New South Wales received $3.3 million for distribution to schools under the country areas program, commonly known as CAP. The aim of the program is to assist schools and their communities to improve the educational participation, achievement and development of students who have restricted access to social, cultural and educational activities because of their geographic isolation. The program ties in well with another New South Wales program, the isolated schools grants scheme, which, similarly, is designed to assist school communities offset educational difficulties caused by isolation. The country areas program supports a large number of initiatives in many important areas. These include career advisory services, visits to industry and joint projects with industry, an extension of the curricula offered through sharing resources and facilities and the use of technology to deliver support services to remote schools. A number of community programs are designed to support the cultural, social and recreational life of remote rural students. These programs include both contemporary and traditional arts.
The country areas program is an integral part of our Government's strategy to help isolated students receive an education equal to that of their peers in metropolitan areas. Of course, the proof of the success of any funding is to be found in the results it produces. There are many projects that have been successfully funded under CAP and I would like to draw attention to one or two of them. For example, the students and community of Cobar have benefited from a major project under CAP. Mr President, as you would be aware, students in this area have restricted exposure to an Asian culture or language because of their geographical isolation. To overcome this situation teachers have been employed in past years to give students a chance to experience first hand Japanese culture and language. The program has run continuously from 1988 to the
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present and has been highly successful. At present a Japanese national is employed under the program. A number of schools in the Cobar area have also been involved in the program. This teaching resource provides support not only to schools but to the community as well. Courses have been conducted with community groups, familiarising them with Japanese culture and language, thus broadening the impact of the project. This is a good example of many projects funded under CAP, which has been very effective and helpful in country New South Wales. Students become familiar with other cultures and learn to appreciate other customs and beliefs.
The Hon. Ann Symonds: Is that all? Is there more?
The Hon. VIRGINIA CHADWICK: I thank the Hon. Ann Symonds for her enthusiastic interest and support in this area. Other examples that the honourable member would be particularly interested in are the Bombala community schools band, the Warriewood Residential and Work Experience Centre and the Burren Junction Resource Centre. I have recently approved the distribution of the final phase of funding for CAP which allows for the distribution of further funds to four educational regions around the State. It is clear that isolated students are benefiting from both the country areas program and the isolated schools grants scheme. This illustrates in the most practical way that this Government is making sure that isolated students receive the best possible quality education.
POLICE SERIAL KILLING INVESTIGATION TRAINING
The Hon. R. D. DYER: Will the Minister for Police and Emergency Services and Vice-President of the Executive Council confirm that a number of New South Wales police were invited to apply, and did in fact apply, to undertake a special training course on serial killers conducted in the United States of America by the Federal Bureau of Investigation? Why were police from Victoria and South Australia selected in preference to New South Wales applicants? Does the Minister concede that such training would have been invaluable during the investigation of the so-called "granny killings"?
The Hon. E. P. PICKERING: I confess that I read about the matter only as late as yesterday and the details elude me. There is a logical explanation and as soon as I can get the details from my files I will provide them to the honourable member publicly in the House.
Later,
The Hon. E. P. PICKERING: Earlier in question time the Hon. R. D. Dyer asked me whether some New South Wales police officers had been invited to apply for a course at the Federal Bureau of Investigation on serial killers, was it a fact that police from Victoria and South Australia had been selected, and would I not concede that such a course would have been handy in the case of the recent serial killings. I said in answer to the honourable member that I remembered reading the answer to a similar question only yesterday. It is true that I signed the answer to a question in identical terms on the Questions and Answers paper in another place. I know that the Hon. R. D. Dyer would not draw his question from that paper, because he does do his homework - it is the shadow ministers who will not do their homework - but he has obviously fallen for it. The facts are that six officers in New South Wales applied to do the course, but the decision on who would be successful was made by police commissioners meeting in conference across the country. Shortly after the police realised they had a serial killer on their hands on the North Shore immediate contact was made with the Federal Bureau of Investigation, and New South Wales received extensive co-operation from the Federal
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Bureau of Investigation all the way through those investigations. To suggest that a Federal Bureau of Investigation trained person was not available is incorrect when the whole of the FBI's expertise on serial killers was available. I am sure it had no deleterious impact as a consequence.
SYDNEY OPEN SPACE PLANNING
The Hon. J. M. SAMIOS: My question is directed to the Minister for Planning and Minister for Energy. What steps are being taken by the State Government to encourage local councils in the Sydney metropolitan area to maintain parks and open space areas for the people of Sydney?
The Hon. R. J. WEBSTER: This Government has been a leader in the enhancement of recreational areas and open space in the Sydney metropolitan area. We have introduced programs specifically designed to support woodland and bush regeneration, landscaping, picnic facilities, playgrounds, foreshore trails, cycle paths and parklands - programs that did not exist under the previous Labor administration.
The Hon. Ann Symonds: That is a really ridiculous statement. It is really stupid.
The Hon. R. J. WEBSTER: This week I announced grants totalling $1.03 million under the green space program to upgrade recreational facilities throughout Sydney. The Hon. Ann Symonds will be really interested in this. The program, which assists local government in the planning and development of regional open space projects, was abandoned by the Labor Government in 1987. The Labor Party obviously decided that the program was worthless and there was no need to provide recreational facilities and open space for the people of Sydney. I am delighted to say that though Opposition members may not think there is a need this Government does. We recognise that if we are to encourage more people to live in the middle and inner ring suburbs, as we are doing, we must ensure adequate and attractive open space is provided.
Parks and natural areas in 25 local government municipalities will receive grants under the program. It not only will create more open space but also will make existing open space more attractive and usable to residents of and visitors to Sydney. The Bondi seafront, one of Australia's best known landmarks, will benefit from a grant of $75,000 towards the construction of pathways, landscaping and plantings intended to give a sense of place to Bondi Park. The grants will also assist many lesser known but equally worthwhile projects in Sydney such as the development of a park at Merrylands on the site of a former rubbish tip. Other beneficiaries of the program include Holroyd City Council, which is constructing specially designed playgrounds for the disabled and for young children. The successful projects were chosen from 72 applications from 36 councils and will be funded on a dollar-for-dollar basis with local government. Other projects to receive grants include Wentworth Falls lake in the Blue Mountains, picnic facilities at Berowra Waters and the Parramatta River foreshore. This Government is proud of the green space program and its record in maintaining and enhancing open space areas for the people of Sydney.
TRANSSEXUALS' BIRTH CERTIFICATES
The Hon. ELAINE NILE: I ask the Minister for Police and Emergency Services and Vice-President of the Executive Council, representing the Attorney General, whether
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it is a fact that an increasing number of males are undergoing major surgical operations to become transsexual and then function as de facto females? Will the Government ensure that the birth certificates of those persons born male cannot be altered from male to female?
The Hon. Ann Symonds: Oh, unkind and -
The Hon. ELAINE NILE: It gives a shock to the opposite side when engaged to one. It has happened already here in Sydney. Will the Government ensure that male transsexuals cannot take part in amateur or professional sporting events and or use female facilities?
The Hon. E. P. PICKERING: The question is most interesting. I, of course, will take it to my friend the Attorney General with alacrity.
The Hon. Elaine Nile: It is a real question.
The Hon. E. P. PICKERING: The concerns raised are, of course, real and I am sure the Attorney General will have all the answers.
DEBUTANTE BALLS
The Hon. Dr B. P. V. PEZZUTTI: Is the Minister for School Education and Youth Affairs aware of reports that the Victorian Secondary Teachers Association is opposing debutante balls? Does the proposal to ban such balls fit into the New South Wales Government's vision for education in New South Wales?
The Hon. VIRGINIA CHADWICK: The Victorian teachers' proposal most certainly does not fit in with the New South Wales Government's vision for education, however much the Victorian Secondary Teachers Association would like to see it implemented in this State. When I first read of this proposal in the Daily Telegraph Mirror of Wednesday, 20th November, my first reaction was to have a good laugh. I thought it was very much a joke.
The Hon. Ann Symonds: Was the Minister a debutante?
The Hon. VIRGINIA CHADWICK: No, I was not and I felt very deprived. When I checked this matter I found that it was not a joke. The Victorian Secondary Teachers Association has developed a policy suggesting that debutante balls should be banned. The association has gone so far as to release a detailed policy on debutante balls formulated at a special council meeting on 18th October. I was intrigued by this so I made sure that I obtained a copy of the resolution of that special meeting, which states:
Some schools have provided this opportunity (that is, the opportunity for student interaction) through debutante balls. However, due to their negative effects on young women, traditional debutante balls are no longer appropriate.
What an enormous presumption on the part of the Victorian Secondary Teachers Association to determine what is appropriate or to deem what is no longer appropriate. Unfortunately, it gets worse. According to the association, for many generations New South Wales and other States have apparently suffered negative effects by being involved in debutante balls. Those negative effects include the reinforcement of sexual role stereotyping; young women being seen as objects; indirect legitimisation - which is an
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interesting word in itself - of such behaviour as sex-based and sexual harassment; the legitimisation of a particular view of young women which is not based on women's role in contemporary society; and a focus on dress requirements. From my brief visits to the Victorian education system I formed the view that it could do with a little more focus on dress requirements. What is missing from this special meeting of 18th October is any questioning on what the students themselves might want. Did anyone ask the students whether or not they wanted to attend a debutante ball or did anyone ask their parents what they may have thought about involvement in a debutante ball? No, at that special meeting those views were not taken into account.
I do not believe that it is up to me, as Minister, or my Department of School Education, the Victorian Secondary Teachers Association or the New South Wales Teachers Federation to decide whether debutante balls are desirable. Students, parents and school communities are the ones in New South Wales who will decide whether they should have debutante balls. After many years of declining interest in debutante balls, apparently they are back in vogue. It would be a tragedy if I, the federation or the department were to decide what schools, students and their families should or should not do. I note that the New South Wales Teachers Federation has yet to formulate a policy on debutante balls. I hope, as do many students, teachers and parents, that the federation takes note of the views of students and school communities before a policy is formulated. The New South Wales Government is about choice and diversity, and as a result I reject the resolution of the Victorian Secondary Teachers Association and its desire to see the policy implemented in New South Wales.
INDUSTRIAL RELATIONS LEGISLATION ADVERTISEMENT
The Hon. J. W. SHAW: I direct my question to the Minister for Police and Emergency Services and Vice-President of the Executive Council, representing the Minister for Industrial Relations and Minister for Further Education, Training and Employment. How much public money did the Government expend in producing and circulating its glossy four-page brochure designed to persuade the electorate that its industrial relations legislation was necessary for the State? Why is the brochure desperately short on facts but replete with propaganda? Is the brochure an expensive public relations exercise and a scandalous attempt to prop up a government in difficulty?
The Hon. E. P. PICKERING: I can understand the honourable member being preoccupied with how much it costs to produce a brochure when his organisation is in debt to the tune of $7 million.
The Hon. M. R. Egan: At least we pay for our own advertising.
The Hon. E. P. PICKERING: The Leader of the Opposition is becoming excited because every day he holds out to the people of New South Wales that he would be a better financial manager, yet he represents an organisation that has managed to get itself in debt to the tune of $7 million. On one occasion I can remember the Liberal Party was in debt to the tune of $2 million and at that time I remember that the burden on our shoulders was enormous.
The Hon. R. J. Webster: Opposition members are being levied to pay for the debt.
The Hon. E. P. PICKERING: And so they should be. They helped to create this financial disaster. I can understand the honourable member being excited at the prospect of Opposition members screwing their puppetmasters for the $7 million that they
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squandered by mismanaging their electoral affairs, including the $3.8 million purchase of the Taj Mahal in Sussex Street, to make some of the senior members -
The Hon. J. R. Johnson: The Minister should not be so stupid.
The Hon. E. P. PICKERING: At $3.8 million it is a Taj Mahal. That is a lot of raffle tickets, and the Hon. J. R. Johnson would be the first to admit that. I can understand him being upset as well. In fact, I can understand all Opposition members being upset now that they are being levied -
The Hon. R. J. Webster: How much are they being levied?
The Hon. E. P. PICKERING: I do not know but I am sure it is a considerable amount. I am glad they are all being levied for the disaster they have created in their own backyard. One wonders how they can credibly hold up their heads and hold out to the people of this State that they would manage better when they cannot even manage their own financial affairs. Obviously the Government has a real responsibility to the people of New South Wales to bring about the realisation within the community that we have now entered a new era where employers and employees can work together in a team spirit for the benefit of the community.
The Hon. J. W. Shaw: This is propaganda; it is not factual material.
The Hon. E. P. PICKERING: It is not propaganda. The brochure holds out to the people of New South Wales that in effect tomorrow is a new world, that we will not have to worry about the puppetmasters and the cold, clammy hand of socialism through the trade union movement. We are entering a new era where everyone will be pulling together and producing a bigger cake which can be shared around so that everyone will be better off. In that stimulated economy there might be an improved circumstance where Opposition members can recover their debt of $7 million.
SCHOOL TECHNOLOGY COURSES
The Hon. PATRICIA FORSYTHE: I direct my question without notice to the Minister for School Education and Youth Affairs. What efforts is the Government making to ensure that students in New South Wales schools study technology and related subjects?
The Hon. VIRGINIA CHADWICK: As I am, the Hon. Patricia Forsythe is anxious that students in our schools meet the challenges of the future in the most appropriate way. One of the most innovative initiatives of the Government has been the introduction of technology and applied technology courses to our schools, which resulted from the recommendations of the Government's policy document Excellence and Equity. The document highlighted the need to develop new syllabuses that would include design and technology features. I am delighted to announce that today the new syllabus entitled "Design and Technology 7 to 10" was introduced. It will be sent to schools this week for consideration by them during the Christmas break with a view to its implementation commencing from next year. I hope that the implementation of the syllabus by Government schools will be effected by 1993. That will provide teachers with sufficient time to undertake appropriate in-service courses to familiarise themselves with the syllabus and its requirements. It will also provide sufficient time to ensure that no one could suggest that the matter has been rushed or that our teachers and schoolchildren have not been fully prepared to implement the syllabus. A lengthy period has been allowed
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before the syllabus becomes mandatory throughout New South Wales. The syllabus will become mandatory in all schools, government and non-government, by 1995. By that time all students will study at least 200 hours across years 7 to 10, with a further optional 200 hours' study.
The new syllabus, which will be studied by students in years 7 to 10, will build upon the new science and technology syllabus for primary school students that was introduced into schools earlier this year. That syllabus was enthusiastically received by teachers. The syllabus "Science and Technology K-6" aims to develop a student's view of society and the environment as well as to foster enthusiasm for further learning of science and technology. It is essential that this basic grounding is continued at senior school level. At the moment high school students must study science for four years, but they are not required to undertake any technology studies. From 1995 all students from kindergarten to year 10 will have to study technology and related subjects. Providing students with an education in design and technology means developing skills and attitudes that enhance learning new concepts, understanding new initiatives, and responding to new challenges. The 200-hour course for years 7 to 10 includes 50 hours' study and practical use of computers. The course will provide opportunities for students to develop a range of practical and design skills, and is part of the broader key learning area of technological and applied studies. A support document for teachers will be sent to schools to assist with the implementation of the new syllabus. A program designed to multiskill teachers for the new syllabus has been held already. Similar courses will continue. Technology and design are essential areas of study for our students if they are to be well prepared for the future. I am happy to advise honourable members that with the K-6 and the "Design and Technology 7 to 10" syllabuses our plans to equip our students in this regard are on target and well advanced.
AIR QUALITY MONITORING EQUIPMENT
The Hon. DELCIA KITE: I direct a question without notice to the Minister for Health and Community Services, representing the Minister for the Environment. Will the Minister inform the House what steps he will take to ensure that equipment needed to monitor air quality in western and northwestern Sydney will be purchased immediately in order that protective measures can be taken to safeguard the health of citizens, especially children? Will the Minister seek a transfer of funds from budget items allocated for government advertising or Eastern Creek Raceway promotion to purchase this equipment immediately?
The Hon. J. P. HANNAFORD: The Greiner Government has done more to address air quality control in western Sydney than was done during the period in office of the previous Labor Government. That Government refused to address the issue. More money has been spent by this Government on the provision of air quality monitoring equipment for areas of this State, including the Newcastle region, than was spent by the previous Labor Government. During the State election campaign the coalition made a commitment to conduct a conference to address this matter. The conference was held and, as a consequence, working groups have been established and studies pursued. A number of departments have established such working groups. The Greiner Government is moving further and faster than was ever thought possible by the Labor administration, which took western Sydney for granted. More funds have been allocated by this Government to safeguard the health of people in western Sydney than was spent in the entire 12 years of the previous Labor administration. For 25 years the
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people of Liverpool waited for a new teaching hospital. Labor never addressed the issue. The people of Liverpool were taken for granted. When the coalition came to government the provision of a teaching hospital was examined and funds were allocated for that purpose.
The Government has identified the needs of the electorate and, as a result, Nepean Hospital will be completed as a teaching hospital. The facility will be operational within the next couple of years. The needs of the people of that region are being addressed 25 years earlier than was thought possible by the previous Labor Government. Labor, when it had the opportunity, failed to address the health needs of the children of western Sydney. It proposed to provide funds to rebuild the children's hospital at its present location. When the Greiner Government took office it recognised that children's hospital facilities should be provided where the children are. Consequently, a children's hospital is now under construction in western Sydney and will be operational within five years. This Government is addressing the health needs of the people of western Sydney. I assure the House that the Minister for the Environment has addressed the provision of air quality monitoring equipment. I shall inform the House in due course when that equipment will be operational.
AIR QUALITY MONITORING EQUIPMENT
The Hon. DELCIA KITE: I seek to ask the Minister a supplementary question. Obviously he did not hear my question. Will the Minister seek a transfer of funds from budget items allocated for government advertising or Eastern Creek Raceway promotion to purchase this equipment immediately?
The Hon. J. P. HANNAFORD: The Opposition has whinged and whined time and again about Eastern Creek Raceway. The western Sydney recreational area is an initiative of Government that has recognised the recreational needs of people living in that region. The Government acknowledged that facilities should be put in place in order to raise the stature of western Sydney. It did not run away, as the previous Labor Government did, from the needs of the region. Eastern Creek Raceway is well accepted as a venue of international standard. It has been adopted and welcomed by the people of western Sydney.
ELECTRICITY EMERGENCY SERVICES
The Hon. L. D. W. COLEMAN: I direct a question without notice to the Minister for Planning and Minister for Energy. Is the Minister able to give details of the 1989 report of the Curran committee of inquiry into Sydney County Council? Specifically, were there any recommendations in that report relating to the provision of emergency services? If so, will the Minister explain how those recommendations will help consumers during such emergencies as storms and other serious incidents?
The Hon. R. J. WEBSTER: I thank the honourable member for his question and his continued interest in electricity and electricity safety. The report of the committee of inquiry into Sydney County Council included the following recommendation relating to provision of emergency service:
SCC should replace the manual card emergency service system with a computerised facility which would also assist in achieving staff reductions.
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This issue was addressed in item 7.6 of the subsequent implementation plan by setting October 1991 as the targeted completion date for a computer-aided service system. Preliminary investigation of the requirements for such a system had been completed in 1989. I am pleased to inform the House that the computer-aided service system, known as CASS, has been in operation since September and is assisting Sydney Electricity to improve customer service. CASS is designed to process requests for emergency service from Sydney Electricity's customers telephoning on the emergency telephone number. It replaces a manually based system involving the use of cards, a conveyor belt and voice radio contact with field staff. CASS enables telephonists to record customer service requests directly into a computer system. The computer system will transfer the information to a display screen in the appropriate service officer's vehicle when service is required at the customer's premises.
The system is also designed to use information provided by customers to assist in restoring supply following faults in Sydney Electricity's low voltage network. Known failures on the high voltage network can be entered by control room staff or directly from the supervisory control and data acquisition system - SCADA - which monitors major substations. Repair work requiring attention by regional staff can be sent electronically to the appropriate depot. In storm situations, the system will assist in the co-ordination of the available resources. CASS already improves service to customers telephoning Sydney Electricity. For example, information on known outages is displayed on computer screens so that telephonists can advise customers on action being taken to restore supply. Also, each job created is given a unique number which is quoted to the customer. Information for customers on subsequent progress of a job can then be readily obtained from the system. With the manual card system it was necessary to search for the individual job card. The storm management software implemented to date includes an expert system facility that scans reports of no supply from customers. When three or more reports are received from customers connected to the same distribution substation, control staff are notified by the system. Field staff are then despatched to the distribution substation, not the customer's premises. This minimises outage times and reduces the number of unnecessary visits to customer premises. The radio system and direct data transfer to service officers' vehicles will be installed by the end of January 1992. When completed at a cost of $2.3 million, CASS will be the most comprehensive system known to be in service with any Australian supply authority.
TEACHER PAYMENTS
The Hon. JAN BURNSWOODS: I direct my question without notice to the Minister for School Education and Youth Affairs. Is the Government planning to devolve payment of classroom teachers, promoted teachers, principals and ancillary staff to the school level? If so, when will this be introduced? Who is to administer the funds and what guidelines will be issued for their allocation?
The Hon. VIRGINIA CHADWICK: Given that I am not contemplating it the answer is no.
DEPARTMENT OF AGRICULTURE REDUNDANCY PAYMENTS
The Hon. ELISABETH KIRKBY: My question without notice is directed to the Minister for Planning and Minister for Energy. Why has the Government's industrial authority rescinded its earlier approval for staff of the Department of Agriculture to receive redundancy payments where there are valid reasons for their not wanting to relocate to the new departmental premises in Orange? How can the employees who are
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opposed to the move be regarded as having abandoned their jobs? Will the Minister confirm that it would be cheaper for the department to pay redundancy rather than relocate unwilling staff?
The Hon. R. J. WEBSTER: I shall refer the honourable member's question to my colleague and supply an answer as soon as possible.
GIFTED STUDENT PROGRAM
The Hon. Dr B. P. V. PEZZUTTI: My question without notice is directed to the Minister for School Education and Youth Affairs. Given the Minister's new policy on encouragement for gifted and talented children in the New South Wales public school system, has she taken any steps to ensure that this new policy also applies to the independent and private school systems in New South Wales?
The Hon. VIRGINIA CHADWICK: I thank the honourable member for his question without notice and note his most supportive and much appreciated interest in the recently announced government policy and implementation of a strategy to assist children who have special gifts or talents. In the non-government sector it is entirely up to the independent school system, the Catholic education system and other school systems, by definition, to determine, within their own ethos, framework and set of priorities, what they regard as important in establishing strategies for gifted or talented children, for special education needs or other particular areas of focus. That goes to the heart and essence of the independence of non-government schools. I am already aware of a significant number of independent schools and a number of areas within the Catholic education system that have enthusiastically supported the work the Government has been doing to assist children with special gifts and talents. I have been greatly encouraged by the active and worthwhile contributions that many people in the non-government school system have made of their time, expertise and ideas to develop and enhance the quality of government policy and strategy in that area. A number of people from independent and Catholic schools have suggested informally to me that they are in the process of implementing some aspects of the policy and are enthusiastic about going further with it.
One such aspect is in-servicing and distribution of materials. Responsibility and funding for in-servicing and purchase of materials has largely devolved to our schools, hence schools make their own decisions, as appropriate, about what they need to buy. In similar manner, it stands to reason that any independent school that wishes to involve itself or its staff in that strategy would be enthusiastically welcomed in participating with State teachers in this area. I neither have nor wish to have the authority to dictate to independent school systems what their priorities should be. But I genuinely believe that, due to the widespread interest in and enthusiasm for government initiatives for a gifted and talented children strategy, in the near future such a strategy will be adopted throughout New South Wales in every school system.
ELECTRICITY COMMISSION RENAMING
The Hon. Dr MEREDITH BURGMANN: Will the Minister for Planning and Minister for Energy tell honourable members how much money has been spent on promoting the name Pacific Power as an alternative to the name Elcom before the Electricity Commission (Corporatisation) Bill has passed this Parliament? Is it true that the Pacific Power logo has already been placed on Elcom cars and that promotional material such as T-shirts and cufflinks have been produced carrying the logo of a non-existent organisation?
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The Hon. R. J. WEBSTER: Not a large amount of money has been spent on the new name of Pacific Power. Just so that the honourable member is not deluded, as it sounds that she is by the way she asked the question, irrespective of whether the Electricity Commission is corporatised or not, it will be known by the name Pacific Power. Therefore, no money has been wasted. I am told that supplies of stationery and items bearing the old logo have been allowed to run down so that when the name change takes place - which it will in the very near future - the Electricity Commission will be able to switch over to the name Pacific Power irrespective of whether the commission is corporatised or not. I shall send the honourable member a T-shirt.
LIGHT RAIL SYSTEM
The Hon. E. P. PICKERING: On 24th October the Hon. R. S. L. Jones asked me a question regarding the proposed sale of Randwick bus depot. The Minister for Transport has provided the following answer:
The proposed sale will not jeopardise the possibility of light rail.
Randwick bus depot is one of the three depots in Sydney's eastern suburbs. It has been used as a transport depot since the 1880's. Only a small part of the 5.6 hectare site is now used by the bus depot. It was built over a period of 70 years and sections are in disrepair. The unused section is an eyesore.
That part of the site which will remain in use as a bus depot needs to be upgraded if the depot is to continue to provide efficient services now and in the future.
A new bus depot is to be built on a 1.9 hectare site at the western end of the land. The remaining 3.7 hectares will be sold by public tender. The new depot can be constructed while still operating current bus services and the sale of excess land will pay for the depot redevelopment.
With an eye to the future, the plan to rebuild the depot on the western end of the site will preserve it in public ownership for transport usage well into the next century. The land essential to any future light rail or other transport system will be retained for the new depot site, which is directly adjacent to the area known as the transport corridor.
The State Transit Authority has sought advice from the MET in Melbourne into the land area requirements of a possible light rail depot at the Randwick bus depot site.
With regard to the Cook and Church street site, it is not on the market.
Even if light rail were to be developed at some time in the future, the vital parts of the transport corridor are preserved under State Transit's proposals.
I do not believe that there is an urgent need for an investigation into the future needs of a light rail system in the Eastern suburbs. I am confident that the work currently being done will address all issues of relevance to the proposed redevelopment of the Randwick bus depot.
ASBESTOS BRAKE LININGS
The Hon. E. P. PICKERING: On 16th October the Hon. J. R. Johnson asked me a question about asbestos brake linings. The Deputy Premier, Minister for Public Works and Minister for Roads has provided the following answer:
The Roads and Traffic Authority has been informed by the Federal Chamber of Automotive Industries that the motor vehicle industry commenced a program of asbestos removal five years ago. Currently, more than half the vehicles produced in Australia are free of asbestos.
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A shift to completely asbestos-free product for all types of vehicles, a suitable replacement material with the right coefficient of friction, bonding properties and an acceptable working life must be produced. It must also be a marketable proposition. The RTA doubts that the linings referred to by Mr Johnson are, in fact, available for all types of vehicles.
Performance standards for brake linings for motor vehicles are set nationally by the Vehicle Standards Advisory Council (VSAC). The RTA is not aware of any impending consideration by VSAC of whether asbestos brake linings should be phased out in favour of non-asbestos linings.
The Minister for Transport has supplied the following answer:
The brake linings used on State Rail Authority rolling stock and State Transit Authority buses do not contain asbestos.
The issue of asbestos brake linings for motor vehicles comes under the administration of my colleague the Deputy Premier, Minister for Public Works, and Roads, the Hon. W. T. J. Murray, MP.
DEEP SLEEP THERAPY ROYAL COMMISSION
The Hon. E. P. PICKERING: On 25th September the Hon. Elaine Nile asked me a question concerning the royal commission into deep sleep therapy. The Attorney General, Minister for Consumer Affairs and Minister for Arts has provided the following answer:
(1) The Royal Commission made no findings of criminal behaviour but the Commissioner, Mr Justice Slattery, did recommend that the Report of the Commission be referred to the Director of Public Prosecutions for examination as to whether further investigation was warranted to determine whether criminal charges should be laid.
(2) The Report was referred to the Director of Public Prosecutions who is presently considering the issue of charges arising from the findings. A Special Police Task Force has been established to assess the admissibility of the evidence to enable the Director to decide whether or not to proceed. The Director is expected to finalise his consideration shortly.
(3) There are no decisions to review at this time.
FIRE BRIGADE UNIFORMS
The Hon. E. P. PICKERING: On 15th November the Hon. Delcia Kite asked me a question without notice about fire brigade uniforms. I now provide the following answer:
Senior Conciliation Commissioner Patterson brought down his decision regarding the provision of protective clothing for Fire Brigade personnel on 9 October 1991.
The Government intends to comply with that decision which, in effect, centred mainly upon the provision of fire fighting tunics for operational personnel.
The Government has made funds available which will enable all permanent and volunteer firefighters to receive their entitlement (ie 2 for permanent and 1 for volunteers) by December 1992.
The Senior Conciliation Commissioner made a number of other recommendations regarding the supply of other items of protective clothing. These items will be subject to extensive trials and the requirement that they comply, wherever possible, with appropriate Industrial Standards. The question of funding and the timing of supply, will be issues which will be addressed at the appropriate time.
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However, it is anticipated that the Standard for helmets will be finalised in the early part of 1992, and in that regard funds have been made available to enable stocks to be purchased.
HEAVY VEHICLE SPEED LIMITERS AND TACHOGRAPHS
The Hon. E. P. PICKERING: On 22nd October the Hon. Dorothy Isaksen asked me a question about tachographs. The Minister for Transport has replied:
The Minister for Transport advises that the requirement for the fitting of vehicle monitoring devices or "tachographs" on heavy vehicles falls within the legislative responsibilities of the Deputy Premier and Minister for Roads. The Minister for Transport is responsible for policy matters relating to public passenger services, such as long distance coach services, and not for the trucking industry.
The requirement for the fitting of tachographs or vehicle monitoring devices on long distance coaches was deferred in 1990 while the Special Premiers Conference considered the arrangements for the future regulatory regime to be applied to the heavy vehicle industry by the newly established National Road Transport Commission.
The Minister for Transport advises that a new coach safety package will be implemented on 1 December 1991 in New South Wales as a component of the new operator accreditation standards for long distance and tourist coach services under the terms of the Passenger Transport Act 1990.
All operators of long distance and tourist coach services are required to apply or reapply for operator accreditation under the new standards, and to comply with those standards from 1 December 1991 to be able to legally operate in NSW.
Highlights of the new operator accreditation package include:
* Mandatory fitting and use of vehicle monitoring devices such as "tachographs" as a management tool
* A comprehensive driver safety monitoring program
* Mandatory fitting of speed limiters
* A driving hours and two-up driving regime appropriate to the safety needs of the coach industry
* A commitment to the fitting of seat belts in long distance and tourist coaches as and when required by the Roads and Traffic Authority or the new National Road Transport Commission
* A range of other passenger safety and service quality matters (driver safety monitoring programs, setting of timetables, vehicle maintenance standards).
In establishing this safety package, New South Wales will be leading the way for the rest of the country in ensuring safe, high quality, reliable services to the public.
PRISONER ANTECEDENTS
The Hon. E. P. PICKERING: On 19th November the Leader of the Opposition asked me about prisoners' antecedents. I am informed by the Commissioner of Police that the policy of the New South Wales Police Service in relation to evidence about an accused person's antecedents given by police prior to sentencing is that police in charge of committal cases are instructed to report, on a prescribed antecedent report form, information relating to the marital and employment status and criminal history of the accused. The form also requires that the police officer indicate whether, to the officer's knowledge, the accused is an associate of the criminal element and or addicted to intoxicating liquor or drugs. In relation to the criminal history information, particulars
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are provided of prior convictions and offences found proved. No reference is made to any charges which have been withdrawn or dismissed. Police furnishing antecedent reports are also instructed that in cases in which additional information is known to be forthcoming and inquiries are incomplete, separate reports are to be submitted, with the antecedents outlining the position and requesting that the accused not be called for sentence until the information is available. In relation to matters dealt with summarily, police prosecutors are instructed to provide details of any prior convictions recorded and, if requested, to furnish details of the defendant's background. Quite obviously, the Police Service does not condone the withholding of evidence and any deliberate attempt to do so would render the person liable to prosecution for a serious criminal offence.
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PARTNERSHIP (LIMITED PARTNERSHIP) AMENDMENT BILL
INSURANCE (AMENDMENT) BILL
CORPORATIONS (NEW SOUTH WALES) AMENDMENT BILL
TRADE MEASUREMENT ADMINISTRATION (CHARGES) AMENDMENT BILL
INDEPENDENT COMMISSION AGAINST CORRUPTION
(AMENDMENT) BILL
STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL (No. 2)
ROYAL COMMISSIONS (AMENDMENT) BILL
Formal stages and first reading agreed to.
Suspension of certain standing orders agreed to.
ENVIRONMENTAL PLANNING AND ASSESSMENT (CONTRIBUTIONS PLANS) AMENDMENT BILL
Second Reading
Debate resumed from an earlier hour.
The Hon. J. F. RYAN [5.6]: When my remarks were interrupted for the taking of questions I had almost finished what I wanted to say about this bill. The provisions of the bill are relatively straightforward. The bill passes the test of being workable; it will codify practices that already operate in well-managed councils; it has been shown to have no adverse effects on growth areas of the State where the bill could be said to have the greatest impact; and its provisions will tackle an area of government that has been subject to enormous controversy by opening it up to greater scrutiny and participation by the public. The House should have no difficulty in supporting the bill, and the Minister should be commended for bringing it to the House. I support the bill.
The Hon. ELISABETH KIRKBY [5.7]: I speak on behalf of my colleague the Hon. R. S. L. Jones and wish to place on record that the Environmental Planning and Assessment (Contributions Plans) Amendment Bill is supported by the Australian
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Democrats. However, I wish to ask the Minister some questions about this piece of legislation. If he can answer those questions the matter will be on the public record for the future. The explanatory note to the bill states:
As a consequence of the amendments, a local government council will not be able to impose such a condition unless it is of a kind allowed by, and is imposed in accordance with, a public document (to be known as a contributions plan) adopted by the council.
Under the heading "Application of contributions plans" on page 2 of the bill it states:
Schedule 1(1)(b) amends section 94 to provide that, when granting consent to a development application made on or after the day proclaimed in that regard, a council may impose a section 94 condition only if it is of a kind allowed by, and is in accordance with, a contributions plan approved by the council.
In the Minister's second reading speech, which was recorded in Hansard of 19th November, he said:
Greater certainty will be provided through the contributions plan. Developers will know in advance the level of contributions which will apply to any development and councils' intentions regarding expenditure. People buying into an area will know the level of section 94 contributions required and what services and facilities they can expect.
I should like to ask the Minister a question. A particular local council may put a developer on notice that certain environmental measures are to be taken in respect of all houses in a development. For example, water conservation measures such as the installation of dual flush toilets or shower heads which allow for the saving of water may be required for each house in the development application. In order to conserve water the developer, in addition to the connection of mains water to each house, may be required to construct water storage tanks which would allow the residents to save rainwater for use on their gardens or possibly for cleaning cars. A range of measures may be required which would allow people living in the area to save significant amounts of water and thereby save taxpayers' money, their own money, and assist to reduce the great expense faced by people buying land and houses, and developers and statutory authorities, whether or not they become corporations, when attempts are made to provide much-needed facilities. Designing and planning measures can also be taken to make houses more energy efficient. Local councils may stipulate that in certain residential developments only energy efficient houses will be permitted and the developers will know the local council's requirements if they decide to develop a particular area.
So far as I am aware, nothing in the legislation prevents any local government authority from imposing such restrictions. I have been informed that certain local councils in New South Wales resist the imposition of such restrictions on development applications, though the restrictions could well be in their best interests in the long term and would certainly be in the best interests of the State and the citizens of the State. My question to the Minister is: will it be possible for local councils to impose such restrictions when granting development applications? It seems to me that an affirmative answer to that question would be in line with another statement made by the Minister in his second reading speech when he said:
These plans will be local plans drawn up through community involvement.
The community may well be particularly supportive of any local council which is anxious to move in an environmentally conscious way to save water and electricity. If the legislation will not assist in the introduction of such measures, I ask the Minister to
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explain to the House whether it will be necessary to introduce further legislation to facilitate such measures or whether that could be done by regulation. With the exception of the concerns I have expressed about some of its implications, I have pleasure in supporting the bill. Many councils apparently have been taking contributions from developers, keeping them and not using them properly. Apparently many councils have no plans at all about how these contributions, which amount to millions of dollars, will be spent. That was certainly not the intention when the concept of contributions was introduced. If councils have behaved in that way it is most reprehensible. However, I have no reason to doubt that the Minister was correct when he said that some councils have been doing that. This legislation will certainly stop that appalling practice and for that reason alone it is certainly to be applauded. With those brief comments, I support the legislation.
The Hon. J. H. JOBLING [5.15]: Having been associated with local government for almost a quarter of a century, I should like to speak briefly to this bill. I assure honourable members that in the time I have been associated with local government many interesting things, some of which leave nothing to the imagination, have transpired in the seeking and extracting of section 94 contributions. This amending legislation is long overdue. The creative ideas and schemes which have been implemented by certain councils and which have been clearly to the detriment of section 94 are to be deplored. The reason for the legislation is clear. Some of the schemes involving the retaining of section 94 contributions and the using of interest earned thereon would make Coffs Harbour council and Baulkham Hills council look like amateurs in the game of moving money around and holding developers to ransom. Certain councils have used section 94 contributions as ransom demands on developers. Individual councils have sought to extract such contributions for pet schemes which have clearly not been for the benefit of the residents and ratepayers of the districts they are supposed to represent.
The reasonable time provisions have been referred to by members of the Opposition. The reasonable time clause as described in the regulations which will be introduced is necessary. Many early western suburbs councils took money, established schemes and failed to proceed with them. Inflation caused such schemes to pass beyond the councils' control. In some cases the money they had in hand represented a half, a third or a quarter of the cost of the proposed schemes. Much-needed schemes did not proceed. Such conduct is totally unacceptable. Undoubtedly developers should pay their fair share. Development costs should not be borne by existing residents. The community, developers and, indeed, councils should be totally upfront about the needs and aspirations of individual councils. If councils consult sensibly with the residents and various other groups, a satisfying development will result and the needs of the community will be met. Proposed section 94AB deals with the preparation and approval of contribution plans. Provisions such as those contained in proposed section 94AB could well have been introduced years ago. The public will now understand and have an input into the developer's proposal and the council's aims. A proper works program will be established without the innuendo that has gone on for so long in the past.
Any attempt to collect section 94 contributions without total accountability should be deplored. The holding of developers to ransom with the community being kept in the dark will end. In accordance with the recommendations of Commissioner Simpson, the bill provides for annual reports. There is no reason why councils should not furnish annual reports. Why should the residents of a particular council area not know what is happening on a year-to-year basis? Annual reports will mean accountability by both the developer and the council. The problem of staff requirements to implement the provisions of the bill is not onerous. Most councils have more than sufficient staff to
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cope with section 94 contributions. The claim that councils cannot do it or that it will all be too hard is nothing more than a furphy put forward by councils seeking to protect their nice comfortable existence. Having been involved in local government for more than a quarter of a century, I am well aware that in most instances that is the case. Therefore it is not a matter of leaving it to councils' discretion.
An Opposition member referred to the council of the city of Liverpool. It seems to me that this was nothing more than a council expressing its nit-picking concerns about a number of minor issues and finding all sorts of reasons not to do anything, to continue in the way it has been going. If that council is competent, has foresight and has undertaken proper planning procedures for developments it will have the costings for the developments and planning on a one-year, five-year and a 10-year program. If councils have done forward programming they will know the answer and they will not be reacting, as most councils do in New South Wales, to development on the run. The value of section 94 contributions to the community and the developer - and the result for future residents - is enormous. Basically, each council in New South Wales has a great responsibility to its existing ratepayers and a special responsibility to its future communities. This legislation will ensure responsibility and accountability and will ensure the proper planning and involvement of the community with the council. I commend the bill to the House.
The Hon. R. J. WEBSTER (Minister for Planning and Minister for Energy) [5.21], in reply: I thank all honourable members who have contributed to the debate - the Hon. Patricia Forsythe, the Hon. J. F. Ryan, the Hon. J. H. Jobling, the Hon. I. M. Macdonald, the Hon. Jan Burnswoods and the Hon. Elisabeth Kirkby, all of whom supported the bill. I think they recognised that there has been a major deficiency in the area of section 94 contributions for some time. They were right in saying that this legislation was based very much on the report of Commissioner Bill Simpson, which addresses the problems. I say in answer to a question raised by the Hon. Elisabeth Kirkby that I am very supportive of the energy conservation measures and water conservation measures she spoke of.
These matters are dealt with by the councils in the design guidelines that they attach to the development application conditions or in their development control plans. They are not part of section 94 conditions at all. So the honourable member possibly should raise her concerns when we are dealing with amendments to other legislation involving building regulations and so on. This legislation deals specifically with financial contributions under section 94 for community facilities, et cetera. I am supportive of the matters she raised, and the House is aware that my Office of Energy has undertaken a large number of energy efficiency measures, including the construction of five energy efficient houses this year. I hope to increase the budget for such houses next year as an example to the community of what can be achieved. With those few words I commend the bill to the House.
Motion agreed to.
Bill read a second time.
In Committee
Schedule 1
The Hon. I. M. MACDONALD [5.25]: By leave of the Committee I move the following amendments in globo:
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Page 2, Schedule 1 (1)(b). From proposed section 94 (7), omit "the day", insert instead "the first anniversary of the date of assent to the Environmental Planning and Assessment (Contributions Plans) Amendment Act 1991 or such earlier day as may be".
Page 4, Schedule 1(2). After proposed section 94AB (3), insert:
(4) A draft contributions plan must be publicly exhibited for a period of not less than 28 days.
As I pointed out in my contribution to the second reading debate, overall the Opposition supports the legislation but feels that it needs amendments to tighten up potential loopholes. Schedule 1 (1)(b) states:
After section 94(6), insert:
(7) When granting consent to a development application made on or after the day fixed by proclamation for the purposes of this subsection, a council may impose a condition referred to in this section only if it is of a kind allowed by, and is determined in accordance with, a contributions plan approved under section 94AB.
The Opposition's first amendment would omit "the day" and insert instead "the first anniversary of the date of assent to the Environmental Planning and Assessment (Contributions Plans) Amendment Act 1991 or such earlier day as may be". Probably for the first time this significant legislation establishes a rationale for the implementation of section 94 payments, and the Opposition believes that the change should be implemented as fast as possible. Obviously, if the period was any shorter than a year it would be impractical to implement within the time frame. Councils have to analyse their areas and work out the contributions they will seek from developers. That process could take some time. I note that it has been suggested by some acquainted with the bill that it could be left until 1993 to await the availability of census data. Though that data is important, we feel that its importance is outweighed by the fact that a delay of much longer than a year would allow a significant loophole to operate in relation to current section 94 payments for recalcitrant councils which are not too pleased with the direction of this legislation. They have relied on section 94 payments as a general tax as distinct from a specific tax for the purposes of providing infrastructure.
There should be certainty under the schedule, and that is why we have moved the amendment. Everyone should know where the legislation is headed, when it will be implemented and when it will be the law of this State. This major loophole could mean that some of the practices that have occurred in the past in relation to section 94 payments could continue in relation to significant developments in many areas of the city and new urban areas. Allowing more than a year could create unnecessary problems in the operation of the Act. The 28-day expiration period is a reasonable time frame. It is important that such a declaration be contained within the Act and not left to the regulations. Such a statement of public accountability and public participation in the operation of section 94 payments and, indeed, the operation of councils generally, because this is an important area for councils, demonstrates both the Government's and the Opposition's belief in the necessity of public participation being made clear cut in the bill and not left to regulations.
The Hon. R. J. WEBSTER (Minister for Planning and Minister for Energy) [5.30]: Once again I thank the honourable member for his support of the legislation and his obvious understanding of it. Dealing with the first amendment, which essentially limits councils to a maximum of one year beyond the enactment of the legislation, obviously as Minister I would not have brought the legislation before the House if I did
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not intend to proclaim it once it was passed. I assure honourable members that the legislation will be proclaimed as soon as possible. For a variety of reasons the Government believes that it may be necessary, in the interests of getting the best section 94 plans and obtaining the most up-to-date data, to ensure that the statistics from the 1991 census are available to councils before that happens. For that reason I do not propose to agree to the honourable member's first amendment.
I shall deal now with the second amendment. The honourable member well knows that all regulations enacted as part of legislation obviously are subject to disallowance by this Chamber. Obviously all time limits specified in the Environmental Planning and Assessment Act are covered in the regulations. It would be incongruous and irregular for this particular amendment to be contained within the bill. I have no difficulty in assuring honourable members that the exhibition period of 28 days for these section 94 plans will be in the regulations. For that reason, in the interests of consistency in the way legislation is framed - and was framed when Opposition members were in government - I am not prepared to agree to the second amendment.
Question - That the amendments be agreed to - put.
The Committee divided.
Ayes, 17
Ms Burnswoods
Mr Dyer
Mr Egan
Mr Enderbury
Mrs Isaksen
Mr Johnson
Mr Kaldis
Mrs Kite
Mr Macdonald
Mr Manson
Mr Obeid
Mr O'Grady
Mr Shaw
Mr Vaughan
Mrs Walker
Tellers,
Dr Burgmann
Mrs Symonds
Noes, 20
Mr Bull
Mrs Chadwick
Mr Coleman
Mr Gay
Dr Goldsmith
Mr Hannaford
Mr Jobling
Miss Kirkby
Mr Moppett
Mr Mutch
Mrs Nile
Revd F. J. Nile
Dr Pezzutti
Mr Pickering
Mr Ryan
Mr Samios
Mrs Sham-Ho
Mr Rowland Smith
Tellers,
Mrs Forsythe
Miss Gardiner
Pair
Question so resolved in the negative.
Amendments negatived.
Schedule agreed to.
Bill reported from Committee without amendment and passed through remaining stages.
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BOARDING HOUSES AND LODGING HOUSES BILL (No. 2)
Second Reading
The Hon. E. P. PICKERING (Minister for Police and Emergency Services and Vice-President of the Executive Council), on behalf of the Hon. J. P. Hannaford [5.43]: I move:
That this bill be now read a second time.
I seek the leave of the House to have my second reading speech incorporated in Hansard.
Leave granted.
When this Government introduced the Residential Tenancies (Amendment) Bill 1989 a commitment was given on behalf of this Government that it would inquire into boarders and lodgers in their relationships with owners and operators of boarding houses and lodging houses.
The Bill now before this House is the result of public consultation and discussion led by the Tenancy Commissioner who reported to the Minister for Housing on the status of boarders and lodgers in October 1990. The Commissioner's report recommended the introduction of specific legislation for boarders and lodgers.
The Boarding Houses and Lodging Houses Bill 1991 is this Government's response to the need for the creation of rights and obligations for both owners and residents of boarding houses and lodging houses. It will introduce, for the first time in New South Wales, legislative protection for boarders and lodgers and owners and operators of boarding and lodging houses.
It is important to introduce this specific law because boarders and lodgers were excluded from the residential landlord and tenant relationship by the Residential Tenancies Act 1987 that started on 30 October 1989. By introducing this Bill this Government is fulfilling its commitment to remove the uncertainty that exists in the contractual relationship between boarding and lodging house owners and their residents. Residents of boarding and lodging houses are vulnerable and it is important that they have basic rights that can be enforced by accessing the Residential Tenancies Tribunal. At the same time the necessary controls that owners need to operate their businesses effectively need to be established in legislation.
The law considers that a lodger is one who resides as an inmate in another person's house, paying a certain sum periodically for the accommodation, or one who occupies a hired room in another person's house. In ordinary circumstances legal possession remains in the person who provides the room or rooms. Possession and control over rooms and means of entry and exit are retained but a licence to occupy is granted to guests who pay, or give consideration, for the privilege. Such an occupant is usually referred to as a boarder if meals are supplied to him or her by the owner.
The Bill seeks to deal with those boarding and lodging houses where there are 3 or more boarders or lodgers in addition to the owner and the owner's family. This ensures that those informal relationships where, for example, a home owner takes in a boarder or lodger who is attending university, do not come within the definition in the Bill. It is estimated that under the definition in the proposed Bill more than 15,000 persons who are dependent on boarding and lodging houses for their accommodation needs will be affected.
The present experience is that most boarding and lodging agreements are not in writing. This lack of real information means that neither party has an understanding of what is expected of them throughout their relationship, whether they be owners or boarders or lodgers. Equally many proprietors are uncertain of their position in dealing with some of the complex issues that can arise in the close-knit community formed within boarding and lodging houses. This extends to their inability as owners to effectively control and support the communal aspect of boarding and lodging house living.
The main purposes of the Bill are to introduce standard rights and obligations for owners and
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boarders and lodgers as well as providing for the settlement of disputes that might arise during the agreement. Such disputes may be referred to the Residential Tenancies Tribunal. Additionally, Part 3 gives the Tenancy Commissioner information, education, mediation, representation and investigation functions similar to those that presently exist for residential tenancies and retirement villages.
Part 1 of the Bill deals with Preliminary matters including the definition of terms, the application of the Bill to existing agreements and to the Crown. It also excludes certain premises, such as hotels and motels from the operation of the Act and allows for regulations to exclude charitable refuges, such as the Matthew Talbot Hostel, Foster House, Women's and Youth Refuges and Half-Way Houses. If the legislation is extended to include parts of motels and hotels that are providing long term accommodation there is likely to be a withdrawal of this type of accommodation from the rental market. This will not benefit any of the participants.
Crisis accommodation can also be excluded so that the legislation does not unnecessarily and inappropriately apply to accommodation which does not come within the general definition of a commercial boarding or lodging house operation. The Bill does not seek to unnecessarily interfere with ordinary commercial requirements and is anxious not to provide a disincentive to this category of accommodation providers.
Part 2 deals with Agreements. Division 1 of Part 2 sets out provisions for a prescribed agreement to be used under the proposed Act. This is a most significant aspect of these recommendations because it introduces a standard form of agreement for boarders and lodgers. This agreement must be used in all boarding and lodging relationships that come under the legislation. The Bill makes provision for those cases where for some reason the agreement is not put into writing. In those cases the legislation will deem that everything in the standard agreement will apply to that unwritten agreement. Written agreements will benefit both parties because they will be sure about their rights and obligations in their relationship as owners and boarders and lodgers.
An important aspect of any accommodation package is making sure that the costs of getting into the agreement do not deny people access. Without this, some people, because of their difficult financial position, may be denied access to a boarding or lodging house. Clause 12 limits rental bond to 1 week's rent. This recognises the low income status of many boarders and lodgers by ensuring that there is a limit on the costs of getting into a boarding or lodging house agreement. Clause 13 limits the taking of money, other than rent, rental bond and prescribed fees (including the costs of the agreement). The Bill does not require an owner to pay the bond into the Rental Bond Board because of the need of boarders and lodgers to have access to their bonds at the end of the agreement. This is necessary because of the shorter notice periods and because boarders and lodgers are generally in receipt of lower incomes or government assistance.
Clause 15 stops the owner from demanding more than 1 week's rent in advance at any time. Many boarders and lodgers are receiving statutory incomes and could not manage significant entry costs. This provision does not preclude a boarder or lodger from volunteering more than 1 week's rent.
Clause 14 gives the Residential Tenancies Tribunal the power to deal with breaches and disputes about agreements. The Tribunal has wide order-making powers to allow it to give an effective resolution to a dispute about a boarding or lodging agreement.
Division 2 of Part 2 also makes it obligatory for the owner to give receipts for payment of rent. Rent receipts are important evidentiary documents for all parties to a boarding or lodging agreement. They play a vital role in lessening the likelihood of disputes about any failure to pay rent.
Division 3 - Termination of Agreements introduces a significant procedure for the ending of agreements. There are specified periods of notice. If a period of notice has to be given, and that period has expired, and the boarder or lodger has not left, the owner may take possession of the room. There is no requirement for the intervention of the Residential Tenancies Tribunal to ratify the termination. This will ensure that the owner is not subject to any delays in recovering possession. This is vital in ensuring the support of the communal nature of boarding and lodging houses and the economic operation of boarding or lodging houses are not unduly interfered with.
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Importantly also, this procedure will allow an owner to immediately remove a resident who is disrupting the communal nature of the house. Without this the whole fabric of the house could break down.
Although generally the Residential Tenancies Tribunal will not have power to intervene in termination proceedings there is an exception. Where the fixed term of an agreement has not expired and either party alleges that there is a breach of an agreement action can only be taken under the breach provisions of Clause 14. The Tribunal will have power to terminate the agreement as well as make other orders including those that amount to specific performance and injunction.
This procedure, by not requiring resort to the Tribunal, will provide a quick resolution of termination issues. There are significant safeguards in the legislation which will ensure that the exercise of this power is carried out in accordance with the law and not in some capricious manner.
Because the standard agreement and the Bill provide specific rights and obligations for boarders and lodgers it is important that they have an opportunity to convert them into reality. This is provided through the Residential Tenancies Tribunal.
Clause 19(3) protects the exercise of rights under the Bill by providing that a notice of termination is of no effect if it is given in response to the exercise, or proposed exercise, by a boarder or lodger of a right under the Act.
To secure compliance with the termination procedure an offence is created for an owner to take possession of a room without following the procedure. A Local Court will be able to impose a penalty as well as order compensation for an offence of illegally taking possession. In a prosecution for this offence the Local Court will be able to consider whether or not there were adequate grounds for termination of the agreement.
There were amendments to the Government's Bill passed in the Legislative Assembly.
The amendments remove the complete exclusion of hotels and motels and apply the Bill to hotels and motels where the purpose of the agreement is to provide accommodation as the occupant's principal place of residence. The Government in this House seeks to introduce amendments varying that application. The purpose of the Government's amendments are to reintroduce the exclusion of motels, but motels only, from the operation of the Bill and to clarify the application of the Bill to hotels by defining principal place of residence to be where a person has continuously occupied a particular room for at least 6 months.
This will overcome one of the major difficulties with the inexact terminology of principal place of residence. For the operators of hotels this will make it clear that there will not be any imposition on their operations, which are generally offered for short term accommodation. The amendments recognise that there are situations where people have been offered long term residency in hotels. It will be clear that if this long term residency exceeds 6 months the hotel operator and the resident will be subject to the provisions of the Boarding Houses and Lodging Houses Bill.
In acting to remove much of the uncertainty in the marketplace the Government has exercised moderation in its legislative proposals to ensure retention of this valuable form of low-cost accommodation. The main thrust of the legislation is to establish basic rights and obligations for the parties and to provide a mechanism for dispute settlement.
It is essential that boarders and lodgers get the services they pay for but at the same time they are made fully aware of their obligation to live harmoniously within the residential households we know as boarding houses and lodging houses.
I commend the bill.
The Hon. R. D. DYER [5.44]: The Opposition does not oppose the Boarding Houses and Lodging Houses Bill (No. 2). However, it has some grave misgivings about some aspects of it. I shall articulate those concerns during my contribution to the second reading debate. The Opposition in another place supported some amendments moved by
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the honourable member for Bligh. Two of those amendments succeeded, others failed. It is my understanding that in this Chamber the Hon. Elisabeth Kirkby will move the residue of the amendments moved in the Legislative Assembly. Those amendments will have the support of the Opposition should the Hon. Elisabeth Kirkby move them. By way of brief history I inform the House that the bill was first introduced into this Parliament on 1st May, prior to the recent State election. Following that election, on 2nd July the bill was reintroduced in another place. In 1987, when a Labor government amended the Residential Tenancies Act and the Landlord and Tenant Act, boarders and lodgers were excluded from the operation of the legislation. It was the intention of that Government that the review committee established to monitor the implementation and initial operation of the Residential Tenancies Act would give urgent consideration to specific problems associated with tenants occupying residential premises as either boarders or lodgers.
The Residential Tenancies Act was passed and enacted in 1987 but was not proclaimed prior to the 1988 State election. Following that election when, as all honourable members know, the previous Labor Government left office, an amended and watered-down version of the legislation was introduced into the Parliament in November 1988. That amended and watered-down version was passed by the Parliament in February 1989 and commenced on 30th October, 1989. It is relevant to note that again boarders and lodgers were excluded in that legislation. The Minister for Housing, the Hon. Joe Schipp, charged the Tenancy Commissioner with conducting an inquiry into the position in which boarders and lodgers found themselves in this State. A primary purpose of the legislation, which can be said to be the outcome of that inquiry by the Tenancy Commissioner, is to specify the rights and obligations both of owners and residents of boarding-houses and lodging-houses. Another primary purpose of the legislation is to introduce a standard form of agreement for use by owners and residents of boarding-houses and lodging-houses. Further, the bill will amend the Residential Tenancies Act so that disputes over agreements, but not over the termination of agreements, can be heard by the Residential Tenancies Tribunal. The final important purpose of the legislation is to provide the Tenancy Commissioner with additional responsibilities with regard to boarders and lodgers.
Boarders and lodgers are regarded by the Opposition as the most vulnerable and disadvantaged group of tenants in the community. They, typically, have low incomes and many have physical and or psychiatric disabilities. The reality is that the bill extends only basic tenant rights to a relatively small proportion of people who exist under boarding or lodging situations. It is reliably and, I believe, justifiably estimated that as many as 130,000 people are in boarding or lodging accommodation throughout the State. The Opposition would suggest that not more than 30,000 people are in fact covered by the legislation. A relatively small proportion of those who are boarders and lodgers will be covered by the reforms contained in the bill because a wide variety of boarding and lodging situations are specifically excluded from the operation of this bill. For example, those who live in hostels, group homes, half-way houses, refuges, residential centres and charitable institutions are not covered by the bill, although all of those classes of people, living in those types of accommodation, are clearly boarders or lodgers.
The bill, when first introduced in the other place, contained, in addition, an exclusion of persons living in hotels or motels. That greatly concerned the Opposition because many people with low incomes live more or less permanently not so much in motels but in relatively cheap hotel accommodation in the inner city and probably in country areas. The honourable member for Bligh moved an amendment in the other place which had the effect of deleting what was then clause 6(b) of the bill, as first
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introduced in the Legislative Assembly. That clause provided that the proposed Act would not apply to premises comprising a hotel or a motel. The amendment moved by the honourable member for Bligh, with the support of the Opposition, deleted that provision and inserted another provision, in clause 7(f), that the proposed Act would not apply to a boarding agreement or lodging agreement if the relevant room was in premises comprising a hotel or motel and the purpose of the agreement was to provide accommodation otherwise than as the occupant's principal place of residence.
The purpose or intent of inserting that provision in the bill was to protect owners or operators of hotels and motels in regard to what could be termed holiday lettings. The hotel and motel industry has expressed concern and reservations about what happened in the other House with the support of the Opposition. However, the Opposition believes that the difficulties perceived to exist by the hotel and motel industry are more apparent than real. The legislation is drawn with sufficient clarity to make apparent that holiday lettings do not attract the provisions of the bill. For example, clause 7(d) of the bill provides that the proposed legislation shall not apply to a boarding or lodging agreement if the relevant room is not ordinarily used for holiday purposes and the agreement is made in good faith for the purpose of giving a person the right to occupy the room for a period of not more than two months for the purposes of a holiday. The Legislature has taken care to endeavour to protect premises in either hotels or motels that are being used for holiday purposes.
Discussions have occurred between the Government and the Opposition about these perceived difficulties. I am not aware of any particular steps the Government might intend to take at the Committee stage of the bill but I believe some provision might be brought forward to seek to deal with a particular perceived difficulty which has been raised by the hotel and motel industry. The primary objective of the Opposition in supporting the amendment moved by the honourable member for Bligh in the other place was to address the problem of low-income earners who use hotels rather than motels as their principal place of residence - they literally cannot afford anywhere else. The Opposition would be most concerned if the legislation were to be watered down so that these people were again placed in jeopardy of losing what little security they might have gained following the passage of the proposed legislation, in its amended form, in the other place.
The Western Sydney Tenants Service has made a suggestion about this difficulty so that probably no further amendment to the bill is needed. That service has drawn attention to the fact that clause 16 of the Residential Tenancies Regulation 1989 provides a method for distinguishing between temporary and permanent caravan park residents and refers to that as the 30:30 bill. The Boarders and Lodgers Action Group has suggested and proposed that, if both parties to a lodging agreement in a hotel or motel agree, the Boarding Houses and Lodging Houses Act should apply immediately. That group further proposes that, unless one party to a lodging agreement in a hotel or motel objects, the Boarding Houses and Lodging Houses Act should apply after a period of 30 days. It agrees further that the Act will apply after a period of 60 days regardless, and comments that this introduces a clear method for distinguishing between temporary and permanent residents. It is of the view that this measure does not require an amendment to the bill.
I place those comments by the Boarders and Lodgers Action Group before the House during this second reading of the bill so that the Government can at least be placed on notice that an alternative mechanism has been suggested to deal with the difficulty that could be said perhaps to have arisen in regard to the status of boarders and lodgers who are residents within either hotels or motels. It is not within my knowledge what solution
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the Government may bring forward in Committee but I ask it to consider those suggestions of the Boarders and Lodgers Action Group. The position of low-income residents, in particular those living in the inner city, is truly tenuous, as has been demonstrated in recent months by moves to upgrade fire safety of inner city hotels. I do not quarrel with fire safety upgrading but I believe that steps of the type taken by the Government can place these people in grave jeopardy if they continue to live where they customarily have lived. The Australian Hotels Association and the honourable member for Bligh have expressed concern about that issue. Correspondence has been exchanged between the honourable member for Bligh and the Minister for Local Government and Minister for Cooperatives. In a letter that the Minister recently forwarded to the honourable member for Bligh, he said:
To overcome any misunderstanding that might have developed concerning this matter, I would like to make it clear that the Government has not given any directive to any council either for the issue of fire upgrading orders or in relation to the period to be allowed for the completion of any works required to be carried out, nor has it any authority to do so.
Doris Bishop, the president of the east central subbranch of the Australian Hotels Association and the licensee of the Hollywood Hotel at Surry Hills, in particular has raised the difficulties that have been occasioned by impending fire safety upgrading. It should be noted that often this upgrading can be costly and sometimes the formal requirements of fire safety upgrading can have the practical outcome not of fire safety being implemented immediately but of the boarder or lodger being given short notice to vacate.
The Hon. Dr B. P. V. Pezzutti: The honourable member does not suggest that fire safety regulations should not be enforced?
The Hon. R. D. DYER: No. I raise it to point out the tenuousness of the occupation of boarders and lodgers. The Opposition would have preferred that the reforms, to the extent that they are reforms given effect to by the bill before the House, were encompassed within the principal Act rather than a separate statute. The Opposition takes the view that boarders and lodgers should be encompassed within the main legislation rather than being hived off as they are being hived off to a separate area. It is not my intention to delay the House unduly, but I do wish to state that, although the bill will give some protection to boarders and lodgers, in the Opposition's view it will give only minimal protection, and in some respects the extent to which the proposed legislation falls short will be addressed by certain amendments that the Hon. Elisabeth Kirkby will move in Committee. As I mentioned at the outset, those amendments are similar to amendments moved in another place by the honourable member for Bligh.
To give some examples of aspects in which the Opposition believes that the legislation falls short, there is, for example, no requirement for bond money to the extent of a maximum of one week's rent to be deposited with the Rental Bond Board. Disputes over the termination of an agreement are excluded from the jurisdiction of the Residential Tenancies Tribunal. I cite clause 14 of the bill in that regard. There is no great security of tenure in favour of boarders and lodgers, and in that regard I cite clauses 19, 20 and 21. The Opposition would make the comment that periods of notice of termination of agreement are inadequate. Only 10 days' notice of rent increases is required to be given under the proposed legislation. The Opposition has concerns also about the provisions with respect to abandoned goods. Section 79 of the Residential Tenancies Act and clause 27 of the Residential Tenancies Regulation 1989 allow landlords to dispose of goods left on premises after an agreement is terminated.
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Having regard to the short periods of notice required to be given to boarders and lodgers, varying between, depending on the circumstances, no notice, two days' notice or seven days' notice, the Opposition has a real fear that in some cases boarders and lodgers will be quite unable to move their personal possessions before the period of notice expires. That could give rise to real injustice, and people could find themselves deprived of such relatively meagre personal possessions as they have. In addition, the Opposition has a concern about the extent to which the Government consulted regarding the bill before the House. Advertisements were published in 12 newspapers on 17th January, 1990, calling for submissions and those submissions closed, somewhat peremptorily, on 28th February, 1990. An issues paper was released for public comment in April of that year and seven public forums were held throughout the State during May 1990. Attendance at those forums ranged between nought and 60 persons. Clearly, there was some attempt to consult, but in the view of the Opposition the measure of consultation was somewhat short of what might be described as desirable.
As the House will have noted from my remarks, the Opposition feels that the measures contained in the bill are, in some respects, steps forward. However, they fall short of what the Opposition believes is desirable. The Opposition would have been happier had the reforms, such as they are, been included in the principal Act - the Residential Tenancies Act. To the extent that the measures contained in the bill are steps forward beyond what the law provides at the moment, the Opposition supports the measure before the House. But to the extent that they fall short of what is desirable, the Opposition will support amendments to be moved by the Hon. Elisabeth Kirkby in Committee. With those reservations and qualifications the Opposition indicates that it does not oppose the bill but will seek to improve it when the matter is discussed in a Committee of the whole House.
Debate adjourned on motion by the Hon. S. B. Mutch.
[The Deputy-President (The Hon. D. J. Gay) left the chair at 6.8 p.m. The House resumed at 8.15 p.m.]
PARLIAMENTARY COMMITTEES ENABLING BILL
LAND TAX MANAGEMENT (AMENDMENT) BILL
TREASURY CORPORATION (AMENDMENT) BILL
PUBLIC AUTHORITIES (FINANCIAL ARRANGEMENTS) AMENDMENT BILL
PERPETUITIES (AMENDMENT) BILL
NATIONAL PARKS AND WILDLIFE (KARST CONSERVATION) AMENDMENT BILL (No. 2)
Formal stages and first reading agreed to.
Suspension of certain standing orders agreed to.
Page 5198 PARTNERSHIP (LIMITED PARTNERSHIP) AMENDMENT BILL
Second Reading
The Hon. E. P. PICKERING (Minister for Police and Emergency Services and Vice-President of the Executive Council) [8.19]: I move:
That this bill be now read a second time.
I seek leave to have the second reading speech incorporated in Hansard.
Leave granted.
The purpose of this Bill is to introduce limited partnerships in New South Wales.
Limited partnerships will offer an alternative mechanism to assist the raising of venture capital for private investors as well as providing a relatively simple and inexpensive commercial vehicle for small business. This will assist business developments and attract investments to this State.
A limited partnership offers the advantage of limited liability for investors without the imposition of company tax. Such a structure is viewed as a modified partnership and is governed by State partnership legislation and the common law.
The Government, when it was in Opposition, gave a commitment to introduce legislation to permit the registration of limited liability partnerships. This was expressed in its Small Business Policy Statement issued in July 1987.
The Bill before Parliament is designed to further advance the Government's policy of promoting economic growth and business development in this State.
At present, three States have limited partnership legislation. The Tasmanian Act was enacted in 1908 and the Western Australian Act was enacted in 1909. The Western Australian Act is currently being reviewed and will soon be updated. Both pieces of legislation follow closely the English Limited Partnership Act 1908.
In Queensland, until recently certain provisions of the Mercantile Act governed the formation and operation of limited partnerships. A separate Limited Partnership Act was introduced in that State in May last year following an inquiry by the Queensland Law Reform Commission. The legislation in the three jurisdictions is not uniform although there are many common elements.
The limited partnership structure is common in many major overseas countries including the United States, the United Kingdom, Canada, New Zealand and South Africa.
Limited partnerships provide a relatively simple and inexpensive commercial vehicle without many of the formalities and complexities applicable to companies incorporated under the Companies Code. They offer an ideal mechanism for attracting risk or venture capital from private investors who are prepared to contribute capital, in return for a share of the profits, so long as their liability is limited to the amount of their contribution.
One of the main attractions to investors of the limited partnership structure, as compared with the corporate structure, is the availability of significant tax advantages. As the formation of a limited partnership does not involve the creation of a separate legal entity, limited partners are able to claim as deductions all of the expenses of the partnership in the year in which they are incurred. With long term projects, it is not uncommon for them to incur substantial operating losses during the early stages. Unlike a company, these tax losses are immediately available to the limited partners to be claimed as deductions against their assessable income.
The Income Tax Assessment Act provides special concessions (usually in the form of generous up-front deductions) to a number of high risk investments which are considered by the Government to be of benefit to the economy. In the case of limited partnerships, these additional tax benefits are available to the limited partners directly in the year in which the investments are
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made. The benefit of indexation of assets for capital gains tax purposes is also retained.
All of the taxation advantages outlined above are important to investors in venture capital type operations as they balance, in part, the risks involved.
Savings in legal and accounting costs are also realised by not having to comply with such Companies Code requirements as the filing of annual returns.
In Australia, limited partnerships have been increasingly used in the last ten years as vehicles for ventures requiring risk capital and entrepreneurial initiative. They have been used in industrial and real estate development, mining projects, arts, theatrical and film undertakings, agricultural schemes, and more recently, in management buyouts. In many cases New South Wales investors have been involved and, if this State had limited partnership legislation, they would, in many cases, have been formed and administered here. In the absence of such legislation, they have gone to other States or New Zealand.
My colleague, the Minister for Business and Consumer Affairs, who has collaborated in developing this legislation will, in debate, outline the considerable commercial benefits for this State from limited partnerships.
The proposed legislation is designed to allow for the formation of limited partnerships in New South Wales provided they are registered with the Registrar of Business Names. The legislation will not change the present statutory and common law governing partnerships and it is intended that the Partnership Act 1892 will continue to apply so long as it is not inconsistent with the legislation. The proposed statutory provisions will focus primarily on the procedures for securing the limitation of the liability for those who wish to form a limited partnership, and the requirements for maintaining that limitation.
Limited partnerships consist of one or more general partners, who manage the business and have unlimited liability, and one or more limited partners. Limited partners invest in the partnership, but may not participate in its management. Their liability is limited to the extent of their contribution, unless they become involved in the management of the partnership whereupon they lose their limited liability. The terms of the relationship between the general partners and the limited partners are normally set out in a partnership agreement. The contribution of a limited partner may be made in the form of cash or property. All management decisions are the sole responsibility of the general partner(s).
Subject to the provisions of the partnership deed, a difference arising in connection with the partnership business, including the admission of further general partners to the partnership, is to be decided by a majority of the general partners.
Subject to the provisions of the partnership deed, a limited partner may, with the consent of the general partners, assign his or her interest in the partnership to another person who, on assignment and registration, is entitled to the rights and subject to the liabilities accorded to the limited partner.
Any limited partner who takes part in the management of the business loses the benefit of the statutory limitation on liability. It is proposed to provide that a limited partner is not to be regarded as taking part in the management of the business (so as to incur unlimited liability) merely because the limited partner acts in a number of other roles such as the giving of professional advice to the partnership, providing a guarantee or indemnity, or being an employee, agent or independent contractor of the business.
The limited partnership will come into existence upon the registration of a statement containing particulars of the partnership and following the issue of a certificate by the Registrar. Registration is intended to give notice to creditors of the details of the partners, particularly those who will be liable if the partnership fails. The Register of Limited Partnerships will be open for public inspection.
Any change to the registered particulars must be notified to the Registrar for amendment to the Register, including the dissolution of the partnership or the cessation of business.
Changes involving, for example, the admission or withdrawal of a limited partner, or an alteration to the extent of a limited partner's liability, will not take effect until the prescribed notice containing particulars of the change has been lodged.
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Duplicate registration under the Business Names Act 1962 will not be required where the business is carried on under the name of the partnership.
In order to put persons dealing with the limited partnership on notice as to the limitation of liability, it is proposed that every business document issued on behalf of the partnership bear the firm name and the words "a limited partnership" so as to signify to the public the fact of limited liability. Additionally, a copy of the certificate of registration is to be on public display in every place of business of the limited partnership.
It is proposed that there be no limitation on the number of general and limited partners. There is a limitation of 20 on the total number of partners in the Tasmanian and Western Australian Acts. No limit has been set in the new Queensland Act, on the recommendation of the Queensland Law Reform Commission. It is understood that both Tasmania and Western Australia may look at raising or even removing the limitation in future amendments. Queensland has advised that the absence of a size limit has been well received by the local business community. In Western Australia, there have been many instances where "batches" of partnerships were registered to circumvent the statutory limitation on the total number of partners.
One feature of this proposal which is significantly different to the limited partnership legislation of other States, is the inclusion of a model partnership deed. The deed may, but need not be adopted by a partnership. It will provide an option for those partnerships which do not wish to draft their own agreement. A model deed will be of considerable benefit to small business by making the use of limited partnerships much more accessible.
One of the deficiencies of limited partnerships is the uncertainty, both legal and commercial, about the effect of the limitation on liability provided by one jurisdiction for transactions entered into or acts done in other jurisdictions.
The liability of the partners will usually be determined according to the law of the relevant jurisdiction. Thus, for example, a tort committed in Victoria by a limited partnership would be determined according to Victorian law which does not recognise limited partnerships.
This uncertainty has made it difficult for limited partnerships to attract investment for interstate activities and to attract interstate investment. Indeed, this uncertainty is often referred to in prospectuses issued for limited partnerships. The answer is for each Australian jurisdiction to put in place reciprocal recognition provisions. It is proposed, therefore, to give support to the moves to establish reciprocal recognition in the various Australian jurisdictions, by providing that a limitation on liability is only available to limited partnerships registered in New South Wales or registered under the law of another jurisdiction which substantially conforms with New South Wales requirements. Provision is also made to recognise limited partnerships formed in other countries.
I commend the bill.
The Hon. B. H. VAUGHAN (Deputy Leader of the Opposition) [8.19]: I speak to the Partnership (Limited Partnership) Amendment Bill. The purpose of the bill is to amend the Partnership Act to allow for the formation of limited partnerships. The limited partnership arrangement is to consist of at least one limited partner and at least one general partner. The limited partner's liability to contribute to the debts or obligations of the partnership is limited by the amount of capital contributed. The general partner's liability is not so limited. For the more precise reasons given by my parliamentary colleagues in the lower House, the Opposition supports the bill.
Reverend the Hon. F. J. NILE [8.20]: I wish to place on the record the support of the Call to Australia group for the bill before the House. We have received a number of submissions from various companies. One such company was in the process of developing a new scientific device which required the investment of more than $1 million. It was claimed that the people providing the investment money would not make the
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investment under the present law but would do so if limited partnership legislation was introduced. Such legislation will allow the new scientific process to be further developed. That is a practical example of how this legislation will provide an alternative mechanism to assist in the raising of venture capital for private investors as well as providing a relatively simple and inexpensive commercial vehicle for small business. Business development will be assisted and investment will be attracted to this State.
The company involved was Perlartechnics Medical Research. Honourable members will be interested to know that that company has developed a probe for the detection of cervical cancer. The accuracy of the probe has been proven. The device needs further development to bring it to production level. The company estimates the cost of that further development to be approximately $1.2 million. The head of the company said that the company had obtained a financial backer for the purpose. However, the backer would support the company only on a limited partnership basis. This research body says that it has had numerous phone conversations with the New South Wales Attorney General's office since March 1991 regarding the limited partnership legislation at present proceeding through the New South Wales Parliament. The firm was concerned that the implementation of the legislation was moving too slowly. It contacted the Call to Australia group to ask that we give the legislation our support. A segment of the "Beyond 2000" television program dealt with the advanced medical research into the detection of cervical cancer. I shall not go into the details of the project. This bill is good legislation and it will have very beneficial effects in at least that area of the health of women in our society.
The Hon. J. M. SAMIOS [8.24]: I support the Partnership (Limited Partnership) Amendment Bill (No. 2), which has enjoyed the input of respected and able commercial lawyers. Essentially, limited partnerships consist of one or more general partners who manage the business and have unlimited liability and one or more limited partners who invest in the business and whose liability is limited to the amount of their investment. The legislation, in providing for a form of limited partnership, will provide the necessary modus operandi for business groups to attract risk capital without the inherent risk that normally attaches to partnerships. I believe this is good, pragmatic legislation which will provide relief for that sector of the business community which has been starved of funds for a long time, that is, the small business groups that are the cornerstone of economic stability in this country. All honourable members are aware that the greatest employer of labour in this country is not the manufacturing sector, or the bastions of financial power, but small businesses.
Yet it is this sector that has been depleted of funds constantly and neglected by our established financial and banking institutions. This was never more evident than in the 1980s when such institutions gave priority to the reckless financial servicing of the few global entrepreneurs that dominated the nation's horizons. Whilst the concept of limited partnerships has precedents in Tasmania, Western Australia and Queensland - and has counterparts overseas in the United Kingdom, the United States and other countries - this bill represents a better model for it is simple. It provides a model partnership deed. It is relatively inexpensive. It provides the tax advantages of partnerships. It imposes no limit to the number of limited or general partners and it provides for easy registration, which assists creditors. It provides for a limitation of liability according to the law of New South Wales. It is hoped that later there will be reciprocal arrangements with States that have similar legislation so that the law determining the limitation of liability will be adjudicated upon appropriately. This legislation represents a further step by the Greiner Government in promoting economic development to the benefit of the people in this State. Furthermore, it honours the commitment made by the Premier when in opposition and it will work to the benefit of the people of New South Wales. I support the legislation.
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The Hon. ELISABETH KIRKBY [8.28]: The Australian Democrats are pleased to support this bill, which we believe will attract much needed investment funds and will assist in the development of small business by allowing limited liability partnerships to be established. Under the current partnership legislation each partner contributes to any debts incurred in proportion to his or her share of the profits unless otherwise agreed between the partners. However, if one of the partners cannot pay his or her share, the other partner becomes liable for the total debt to the extent that his or her entire personal assets may be sold off to repay that debt. Limited liability is available when companies are established. Companies also permit the raising of equity finance instead of debt finance. However, companies are subject to costly reporting requirements, there is some inflexibility in the raising of finance and obviously company tax laws apply.
In limited partnerships, managing partners have unlimited liability. There are also limited partners, that is, those not involved in managing the business but in providing finance. Given the high rate of interest at present, the limited partnership provides a welcome source of equity finance with liability limited to the amount actually invested. There are many tax advantages of limited partnerships which make them particularly attractive to investors. The limited partnership is treated as a normal partnership for tax purposes. This means that limited partners can claim all expenses of the partnership against their individual assessable incomes in the year that they are incurred. In a company, these losses would be available only to the company. Limited partnerships are also not subject to company tax. Furthermore, there are special tax breaks for certain high-risk investments undertaken by limited liability partnerships. It is hoped that limited partnerships will facilitate the venture capital industry in Australia.
Overseas investors are familiar with the concept of limited partnership because there are limited partnership laws in the United States of America, the United Kingdom, Canada, New Zealand and South Africa. Investors should be attracted to this form of investment. Overseas they have been used to finance mining, construction, film and stage projects - certainly investment in our film industry is essential, both in this State and in Australia as a whole - and agriculture. Because limited partnership laws were not available previously in New South Wales much potential investment has gone to the States that have such legislation, and I refer to Queensland, Tasmania and Western Australia. New South Wales should now be able to reap the benefits of this type of investment. In the absence of uniform national legislation, limited partnerships established under this new legislation will be registered only in this State or registered under the law of another jurisdiction which conforms with New South Wales requirements. The liability of partners usually will be determined according to the law of the relevant jurisdiction.
The partnership will come into existence once particulars are given to the registrar and a certificate is issued. All changes in the status of partners will not have effect until such changes are registered. The register of limited partnerships will be open for public inspection. Furthermore, the public will be notified that it is dealing with a limited partnership by the words "a limited partnership" having to appear on all business documents and the certificate of registration having to be on public display in every place of the partnership's business. Under the legislation there will be no limit to the number of partners, as people form multiple partnerships to get around this provision in States where there is such a limit. This legislation is long overdue and therefore I am happy to support it.
The Hon. E. P. PICKERING (Minister for Police and Emergency Services and Vice-President of the Executive Council) [8.32], in reply: I thank honourable members for their support and I commend the bill.
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Motion agreed to.
Bill read a second time and passed through remaining stages.
INSURANCE (AMENDMENT) BILL (No. 2)
Second Reading
The Hon. E. P. PICKERING (Minister for Police and Emergency Services and Vice-President of the Executive Council) [8.35]: I move:
That this bill be now read a second time.
I seek leave to have my second reading speech incorporated in Hansard.
Leave granted.
Enactment of the Insurance (Amendment) Bill is required in order to overcome a serious problem which arises in cases of insurance fraud involving complicity between a plaintiff and an insured defendant. In such instances the insurer is prevented from cross-examining the insured party by the principle established in Vocisano v. Vocisano (1974) 130 clr 267.
In that case it was held by the High Court that the insurer is not distinct from the insured party and that the rights of the insurer are synonymous with those of the insured. It was further held that a party cannot cross-examine itself. The consequence of these two principles, acting in concert, is that the insurer cannot cross-examine the insured party even in cases where fraud is alleged to have been committed by the insured party.
As honourable members will recall, these circumstances as they specifically applied to motor vehicle accidents were alleviated by the Motor Accidents (Amendment) Act 1989, which inserted section 66A of the Motor Accidents Act, 1988. The effect of that amendment was to permit the insurer, with the leave of the court, to be joined as a party where it is alleged that the claim involved is fraudulent.
That amendment further provides that, once leave of the court has been granted to the insurer enabling it to be joined as a party, the insurer may call and examine any witness able to give evidence relating to the claim, including the insured party, as to the circumstances in which the claims arose. The insurer, after being joined as a party, may seek further leave to cross-examine a witness as to credibility and as to any other claim in which the witness was involved either as a claimant, witness, owner or driver of a motor vehicle.
The provisions of the bill presently before the house extend the application of those principles to insurance law generally. Consequently, an insurer will be able to apply to a court to be joined as a party to any proceedings which have been brought against a person insured under a contract of insurance entered into with the insurer, if the insurer believes the claim in respect of which the proceedings are brought has not been made in good faith. The insurer will be entitled to do so except in proceedings involving motor accidents, which will continue to be dealt with in accordance with the Motor Accidents Act.
The insurer having been joined may then call, examine or cross-examine any witness and introduce any evidence to refute the genuineness of the claim.
It is important to note that any rights conferred by the provisions of this bill with regard to calling and examining witnesses and introducing evidence are in addition to rather than derogating from existing rights. These provisions also apply to an insurer who is a defendant in a claim in the same manner as they apply to insurers who seek to intervene in proceedings involving a claim.
I should emphasise finally that this bill will have application despite the operation of section 53 of the Evidence Act 1988 which limits the extent to which a party can discredit its own witness.
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I am confident that the honourable members will support the initiatives contained in the Insurance (Amendment) Bill in view of the importance and desirability of minimising the incidence of insurance fraud.
When implemented, this bill will benefit the public generally by helping to stem the rate of increase of insurance premiums which are no doubt affected by a high level of fraudulent claims. Also, the time and resources of the court system need no longer be wasted in determining "staged" proceedings between collaborating parties, as the bill will assist in effectively deterring fraudulent claims.
I commend the bill to the House.
The Hon. JUDITH WALKER [8.36]: On behalf of the Opposition I wish to indicate its support for the legislation. I do not intend to move any amendments. I congratulate the Government on settling a serious matter which occurred as far back as 1974 in a case called Vocisano v. Vocisano where the High Court ruled that the insurer was not distinct from the insured party, and that the rights of insurers were synonymous with those of the insured. It was held further that a party cannot cross-examine itself and that the consequence of these two principles, acting in concert, is that the insurer cannot cross-examine the insured party, even in cases where fraud is alleged to have been committed by the insured party. That merely means that collusion in insurance matters occurred time after time, and I should think that the GIO would be an expert when it came to questions of collusion, particularly in cases involving motor vehicle comprehensive insurance. To that end in 1989 the Government amended the Motor Accidents Act 1988 by inserting section 66A, which had the effect of permitting the insurer, with the leave of the court, to be joined as a party where it was alleged that the claim involved was fraudulent. This amending legislation makes it clear, certainly to those people who are outside the hallowed halls of this place, that they would be wise not to try to set themselves up as plaintiffs and defendants because that will no longer be possible. The Government has made a wise move in seeking to stop the collusion that has occurred in motor accident cases. The Opposition fully supports the legislation.
The Hon. ELISABETH KIRKBY [8.38]: I support the Insurance (Amendment) Bill. As has already been explained, this bill will help to reduce the incidence of insurance fraud. It will take the amendments to court procedure when hearing insurance cases, which was first applied in the Motor Accidents (Amendment) Act 1989, and apply them to insurance cases in general. If an insurer has reason to believe that a claim is not genuine, the insurer may apply to the court to be joined as a party to any proceedings which have been brought against a person insured under a contract of insurance entered into with the insurer. The insurer may then examine or cross-examine any witness and introduce any evidence to question the integrity of the claim. As the explanatory note to the bill states, this provision will apply also to an insurer who is a defendant in a claim. It is important to note that the proposed section applies despite section 53 of the Evidence Act 1898, which limits the extent to which a party can discredit its own witness. It will also apply to proceedings commenced before or after the commencement of the proposed section. Obviously it is necessary that such legislation be passed to limit the incidence of insurance fraud. Though many cases of fraud were detected following the Newcastle earthquake, I am sure that such fraud was not unknown prior to the earthquake. The Australian Democrats support the legislation.
Reverend the Hon. F. J. NILE [8.41]: Call to Australia supports the Insurance (Amendment) Bill. As has been said, there has been a dramatic increase in insurance fraud involving complexities between plaintiffs and insurer defendants. Under existing law, an insurer is prevented from cross-examining an insured party. This bill will enable
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such cross-examination to take place. The NRMA and other insurance companies have published reports referring to concerted campaigns by individuals to defraud insurance companies by manufacturing motor vehicle accidents. The costs associated with insurance fraud are passed on to the honest insured who observe the law. This legislation will enable insurance companies, through their legal representatives, to crack down on those involved in insurance fraud.
The Hon. E. P. PICKERING (Minister for Police and Emergency Services and Vice-President of the Executive Council) [8.42], in reply: I thank honourable members for their support of the bill, which will do much to minimise the recent explosion in insurance fraud. I commend the bill.
Motion agreed to.
Bill read a second time and passed through remaining stages.
TRADE MEASUREMENT ADMINISTRATION (CHARGES) AMENDMENT BILL (No. 2)
Second Reading
The Hon. E. P. PICKERING (Minister for Police and Emergency Services and Vice-President of the Executive Council) [8.44]: I move:
That this bill be now read a second time.
I seek leave of the House to have my second reading speech incorporated in Hansard.
Leave granted.
The Trade Measurement Administration (Charges) Amendment Bill was previously introduced on 18th April, 1991, and lapsed upon dissolution of the House.
It is now re-introduced into the new Parliament.
The Trade Measurement Act 1989 and the Trade Measurement Administration Act 1989 commenced in NSW on 1st July, 1991.
The Trade Measurement Act is uniform legislation which is in force in the Northern Territory and will be introduced by the remaining States and Territory in accordance with their own timetables.
The bill before the House rectifies some anomalies in connection with the fee setting mechanisms under the Trade Measurement Administration Act.
Under the Trade Measurement Act, measuring instruments used for trade must be tested for accuracy and compliance with pattern approval under the National Measurement Act 1980.
The testing may be conducted by trade measurement inspectors (known as verification) or by private repair companies which are licensed for the purpose of carrying out this task (known as certification).
It is one of the primary objectives of uniform trade measurement to create a system whereby the private sector assumes responsibility for the quality control function of testing instruments which will release trade measurement inspectors to concentrate on effectively monitoring the trade measurement regime.
The Trade Measurement Administration Act establishes the administrative infrastructure for the purpose of the uniform Act.
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This Act regulates all trade measurement fees.
Certification, verification and re-verification fees are prescribed in schedule 1. All other fees are prescribed by regulation.
Section 11(1) of the Trade Measurement Administration Act provides that a fee is payable by a licensee to Consumer Affairs every time a measuring instrument is certified.
Consultation with the weighing industry has revealed a number of defects with the operation of this section, in conjunction with schedule 1. Because certification fees and verification fees have been set at the same level and certification fees must be remitted to the Government.
Mr Speaker, in effect licensees would be doing the work and collecting moneys on behalf of the Government - without receiving any financial benefit.
Further, repair companies must incur additional costs in training and equipment in order to become licensees.
These factors may operate as a disincentive for repair companies to participate in the testing process. Thus, the privatisation objective of the uniform measurement would not be achieved.
Attempts to remedy this problem have been thwarted by the inflexibility of the fee setting mechanisms under the Trade Measurement Administration Act.
This rigidity has been created by having certification, verification and re-verification fees prescribed in schedule 1. It is general administrative practice to prescribe fees by regulation, and there is no reason in this instance why such a power should not exist for the fees prescribed in schedule 1.
Therefore, the main purpose of this bill is to enhance the operation of the certification system by removing unnecessary requirements and providing the opportunity to devise a fee structure that will not unduly intrude upon or overburden industry.
Section 10(1) is amended to permit verification and re-verification fees to be prescribed by regulation, instead of being fixed by the Act.
Section 11 and 12 have been replaced by two new sections.
Section 11 (Charges payable by licensees in respect of certification), and section 12 (regulations prescribing charges).
Section 11(1) empowers the making of regulations to require a licensee to pay a charge to Consumer Affairs when certifying measuring instruments under the Trade Measurement Act 1989.
Section 11(2) makes it a condition of a licensee's licence to pay a charge.
Section 12(1) provides that the fees prescribed pursuant to section 10 and 11 may vary based on such matters as type or class of measuring instrument or nature and circumstances of the testing of the measuring instrument.
Further, section 12(1) allows the regulations to establish administrative requirements for the purpose of fees prescribed under sections 10 and 11.
Section 12(2) permits the regulations to provide that a fee need not be payable for each and every certification.
Section 12(3) makes provisions in relation to the batch testing of measuring instruments.
Finally, schedule one of the Trade Measurement Administration Act is repealed.
I commend the bill.
The Hon. JUDITH WALKER [8.45]: I shall not trifle with the House with regard to this legislation. The Opposition supports it. It would come as no surprise to
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honourable members to learn that I have not the faintest idea what the legislation relates to. I am advised that the New South Wales Government wishes to adopt provisions introduced by the Northern Territory Government relating to charges payable when a measuring instrument is tested by either a government inspector or a private licensee. The bill refers to verification, reverification and certification of measuring instruments. The Opposition supports the bill.
The Hon. ELISABETH KIRKBY [8.46]: The Australian Democrats support the bill. By way of background, I inform the House that the Trade Measurement Act 1989 covers the testing of measuring instruments used for trade for accuracy and compliance with pattern approval under the provisions of the National Measurement Act 1980. Testing carried out by trade measurement inspectors is known as verification. Testing done by licensed private repair companies is called certification. A fee is payable by a licensee to the Business and Consumer Affairs Agency on each occasion a measuring instrument is certified. At the moment certifications and verifications are set at the same level. This means that private companies have no incentive to assume responsibility for the quality control function of testing. Therefore, trade measurement inspectors are released to monitor the trade measurement regime. The bill will permit verification and reverification fees to be prescribed by regulation rather than being fixed by the Act. The bill will require a licensee to pay a charge to the Business and Consumer Affairs Agency when certifying instruments and will empower the making of regulations to require the licensee to pay a charge and to fix the amount of the charge. It is beyond the time that New South Wales should fall into line with other States in this regard. The measure is long overdue.
The Hon. E. P. PICKERING (Minister for Police and Emergency Services and Vice-President of the Executive Council) [8.48], in reply: I thank all honourable members for their understanding and support of the bill, which I commend to the House.
Motion agreed to.
Bill read a second time and passed through remaining stages.
LAND TAX MANAGEMENT (AMENDMENT) BILL
Second Reading
The Hon. E. P. PICKERING (Minister for Police and Emergency Services and Vice-President of the Executive Council) [8.50]: I move:
That this bill be now read a second time.
I seek leave to have the second reading speech incorporated in Hansard.
Leave granted.
The primary purpose of the bill is to implement certain exemptions and concessions announced in conjunction with the 1991/92 Budget.
In summary, the bill extends the exemption for boarding houses, makes minor changes to the exemption for a principal place of residence, provides a more equitable method of taxing joint owners of flats, and makes certain clarifying amendments in the nature of statute law revision.
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The existing exemption for boarding houses in Sydney, Wollongong and Newcastle was introduced in 1990 following consideration by the government of the Raine report into homelessness and affordable accommodation.
The report noted that over a period of years the number of inner city boarding houses had decreased as a result of many establishments being redeveloped for other uses such as offices.
The land tax exemption was aimed at reversing this trend by encouraging existing boarding houses providing low cost accommodation for long term tenants to continue operating, and by creating an incentive for new investors.
To qualify for the exemption, a boarding house must meet guidelines approved by the Treasurer.
These guidelines include maximum tariffs which are specified as a percentage of the aged pension, with the percentage varying from 50% for lodgings only, to 75% for full board and lodgings.
The tariff limits have restricted eligibility to approximately 150 boarding houses in 1991, and this has restricted the effectiveness of the measure in providing incentives to maintain the existing stock of boarding houses.
As a consequence, the Government has decided to change the approved guidelines to ensure that boarding houses which allocate a substantial proportion of available accommodation to boarders who are on income support schemes will be eligible for the exemption.
A review of the guidelines is being conducted in consultation with a number of interested groups and new guidelines will be promulgated as soon as that process is completed.
No legislative amendments are necessary to allow the guidelines to be amended, but the bill provides for extension of the exemption to boarding houses throughout New South Wales.
These changes are expected to cost approximately $8 million per annum.
A person who purchases vacant residential land with the intention of building a house may be liable for land tax unless the house is completed and occupied by the taxing date, which is midnight on 31 December preceding the tax year.
Delays in building a house may not be the fault of the owner, but a land tax liability may be incurred if the owner's total taxable land holdings are valued at $160,000 or more, which is the current exemption threshold.
It is therefore proposed to provide an exemption for a vacant or unused residential block of land where the purchasers intend to build their principal place of residence.
The exemption will also extend to the situation where an existing residence on a newly acquired block is demolished to make way for a new residence.
The land will be exempt for 2 years from the date of purchase, to allow sufficient time for the building of a new residence, with provision for extension of time if there is a delay in construction which is beyond the owner's control.
The exemption will not apply if the owner already owns a residence which is exempt.
This measure is expected to cost no more than $100,000 per annum.
Land which contains a block of flats is sometimes owned by several joint owners as tenants in common, and by agreement between them, each joint owner is entitled to use and occupy a particular unit.
These ownership arrangements generally preceded the introduction of the Strata Titles Act in 1973.
Such land is taxed as if it were owned by one person, and a single exemption threshold applies.
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Where one or more joint owners occupy their units as their principal residences, the taxable value of the land is reduced proportionately and the tax on the reduced value is payable by the joint owners who lease their units to tenants.
In contrast, in the case of company and strata title units the total value of the land is allocated among the owners on a proportionate basis, and the threshold applies to each individual owner.
The bill provides for joint owners of blocks of flats to be taxed on the same basis as company title units and strata units. This measure is expected to cost approximately $500,000 per annum.
In addition to these legislative measures a rebate of land tax will be available to owners who are forced to temporarily move out of their principal place of residence into a hospital or nursing home due to illness or incapacity.
The rebate will be paid where an owner moves back into the residence before the end of the following tax year.
The rebate will be paid by ex-gratia payments to prevent avoidance schemes, and will therefore not require an amendment to the land tax legislation.
This concession is estimated to cost approximately $500,000 per annum.
In addition to the budget announcements, the bill contains a number of minor amendments to clarify the meaning and intention of existing provisions.
The most important of these relate to the way in which lessees of land owned by the Crown, a local or county council or a public authority are taxed.
The bill provides for the existing provisions, which are contained in several different sections of the Act, to be consolidated into one section.
The replacement provisions will remove drafting anomalies in the present provisions, which inadvertently impose tax on the owner as well as the lessee in certain circumstances, or which could allow the land to be sold to pay the tax if a lessee defaults. In addition, the replacement provisions extend the exemption for leases of land owned by councils and public authorities, where the lease was entered into before 1 January 1989, by two years to 1 January 1991, and ensure that liability does not commence before the 1992 tax year, which represents a delay of one year.
These extensions have been granted because of concern that some lessees of land owned by councils and public authorities were not aware of the new land tax liability when they entered into leases, and therefore did not take land tax into account when negotiating lease payments.
The remaining minor amendments are in the nature of statute law revision.
I commend the bill to the House.
The Hon. M. R. EGAN (Leader of the Opposition) [8.52]: The Opposition supports the bill.
The Hon. E. P. PICKERING (Minister for Police and Emergency Services and Vice-President of the Executive Council) [8.53], in reply: I thank the Leader of the Opposition for his full support of the proposed legislation. I commend the bill.
Motion agreed to.
Bill read a second time and passed through remaining stages.
Page 5210 PUBLIC AUTHORITIES (FINANCIAL ARRANGEMENTS) AMENDMENT BILL
TREASURY CORPORATION (AMENDMENT) BILL
Second Reading
The Hon. E. P. PICKERING (Minister for Police and Emergency Services and Vice-President of the Executive Council) [8.54]: I move:
That these bills be now read a second time.
I seek leave to have the second reading speech incorporated in Hansard.
Leave granted.
New South Wales has a well-established tradition of efficient and up-to-date financial legislation.
In accordance with that tradition, the Government now proposes to update certain aspects of two of the main Acts governing financial operations of public authorities, the Public Authorities (Financial Arrangements) Act 1987 and the Treasury Corporation Act 1983. The amendments are of a technical or machinery nature and are aimed at maintaining financial legislation which meets current requirements in a practical manner.
Firstly, it is proposed that investment provisions in the Public Authorities (Financial Arrangements) Act should be tightened in order to ensure that authorities invest their surplus funds only in investments of particularly good quality. New South Wales has already pioneered the concept of allowing certain public sector or trustee investments subject to credit rating criteria, and the bill introduces this approach more generally into the investment powers of public authorities. Thus, for example, investments with banks or in bank securities will now be subject to the same credit rating criteria that already apply to authority investments in securities issued by non-bank corporations. Not only does this enhance the security of public sector investment, but it also provides a "level playing field" for competing investments, which will now be generally subject to the same prudential criteria.
Opportunity has also been taken to rearrange the existing provisions regarding authorities' financial adjustment transactions, that is the use of so-called derivative instruments such as swaps, futures, options and forwards. These are used in managing and reducing the market risks inevitably present in authorities' portfolios of financial assets, or liabilities, and only those authorities which obtain the Treasurer's approval are authorised to utilise such instruments. The relative amendments in the bill achieve a more logical arrangement and some clarification, but do not introduce new provisions.
As a consequence of rearranging the financial adjustment provisions into a new and separate part of the Public Authorities (Financial Arrangements) Act, it has also become necessary to provide a similar rearrangement of the existing provisions for government guarantees. These also are now proposed to be contained in a separate part of the Act.
The other main area of proposed amendment to the Public Authorities (Financial Arrangements) Act is the introduction of a new part, "Joint Financing Arrangements", to cater specifically for the "shared infrastructure" type of development which is proving increasingly significant in meeting public works financing requirements. Examples of such arrangements in New South Wales are the harbour tunnel and other tollway projects, where strain on the State's finances is avoided through the participation of private sector companies.
While some statutory authorities operate under establishing legislation that makes such schemes feasible, it is not clear that all authorities have the appropriate statutory powers. Accordingly, it is now seen as efficient and in accordance with the New South Wales practice of having "omnibus" financial legislation to provide authorities with the appropriate powers for such financing schemes, together with an approval process.
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The Treasury Corporation (Amendment) Bill covers two matters of a machinery nature in connection with the corporation's financing operations for authorities. The corporation has been providing finance for the State's statutory authorities on an economical and cost-effective basis since its inception some years ago, and the amendments are concerned with enabling the Treasury Corporation to continue developing this role.
Prospective changes to the Intergovernmental Financial Agreement, expected to be agreed by the Australian Loan Council in the near future, will enable State public sector borrowings to be effected in the name of the State itself, rather than, as at present, only in the name of statutory authorities. While no decision has yet been taken to change New South Wales public sector funding operations in this way, it is possible that at some stage there might be cost advantages in such a change. The Treasury Corporation (Amendment) Bill thus gives the Treasury Corporation the necessary powers to raise funds in the Government's name (should the Government so desire), assume liability for servicing any debt thus raised, and manage the resulting financial portfolios. There is minor consequential amendment of the Public Authorities (Financial Arrangements) Act.
The other matter in the Treasury Corporation (Amendment) Bill is an amendment of the existing provisions for local government authorities to borrow from the corporation.
Councils have the power to borrow from the Treasury Corporation on a voluntary basis, and a significant number have done so because of the attractive cost of funding through the corporation. However, following advice from the Solicitor General, some clarification of those borrowing powers has been felt appropriate, in order to ensure that there are no grounds, however technical, which might allow a council to refuse to repay public funds borrowed from the Treasury Corporation.
I commend the bills to the House.
The Hon. M. R. EGAN (Leader of the Opposition) [8.55]: The Opposition supports the bills.
The Hon. E. P. PICKERING (Minister for Police and Emergency Services and Vice-President of the Executive Council) [8.56], in reply: The Government is most grateful for the support of the Opposition. I commend the bills.
Motion agreed to.
Bills read a second time and passed through remaining stages.
BOARDING HOUSES AND LODGING HOUSES BILL (No. 2)
Second Reading
Debate resumed from an earlier hour.
The Hon. S. B. MUTCH [9.0]: I support the Boarding Houses and Lodging Houses Bill. When introducing the legislation on residential tenancies the Minister made a commitment to inquire into the question of boarders and lodgers. The Tenancy Commissioner was commissioned to conduct extensive consultation with the people affected. Having done so, he reported in October 1990. His report, among other things, recommended that specific legislation be introduced for boarders and lodgers. At present, boarders and lodgers are excluded specifically from landlord and tenant agreements under the terms of the Residential Tenancies Act 1987, which commenced in October 1989. It is interesting to note that the definition of a lodger is one who is an inmate in another person's house paying a certain sum periodically for accommodation, or one who occupies a hired room in another person's house. The proposed legislation specifically
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applies to situations where three or more lodgers or boarders are living in premises, that is, besides the family of the owner of the premises.
The bill will affect between 15,000 to 30,000 people. It is not intended to cover a person lodging with an aunt or one or two students who may be living together. It is a matter of balance. The Government does not want to intrude too much into arrangements that seem satisfactory. There is always a fine balance between intrusive regulation and the application of the unnecessarily bureaucratic intervention of the tribunal when disagreements occur. It is also a matter of balance to ensure that boarding-house accommodation is available in the community. If the accommodation is overregulated, it will be a disincentive to people who may be interested in letting a house to one or two people in a boarding or lodging situation. The bill will introduce standard rights and obligations for the owner and also for the lodger and boarder. Where there are no written agreements, standard terms will be deemed to be appropriate to the relationship between the parties.
The bill provides specifically that a bond of one week's rent only may be charged and that there is an assiduous obligation on the owner to issue receipts. The owner has another obligation under the proposed legislation to issue written notices of rent increases. I commend the Government for making sure that under clause 3(1)(c) managers are not included in the proposed legislation, for I have noted in other legislation that a problem may arise where a manager has been deemed to have the same rights as the tenants, particularly when the manager is in a position of power. If the contractual relationship between the owner and the manager ends, it can be bad for the owner to have a manager he cannot dismiss. I commend that important provision in the bill. I should like to commend also the work of the Tenancy Commissioner in the complicated area of relationships between people. The duties of the commissioner include an educational function, which is most important. The Government is now imposing legal obligations on people who for some time have been happy to go along without obligations. It must be remembered that it is not always a situation between a mighty landlord and a poor tenant; often the mighty landlord might be a relatively poor person -
The Hon. E. P. Pickering: Almost impecunious.
The Hon. S. B. MUTCH: - impecunious, who needs a little extra money and has gone to the trouble of taking in a couple of lodgers. Often people have not been involved in the legalities of entering into contractual, written agreements. The Government felt it was important to clarify relationships where three or more lodgers or boarders are tenants. Nothing is perfect. I am concerned that a landlord taking in a boarder under a fixed term agreement will have to wait until the expiry of that term before he may give the boarder notice. If the landlord is renting his premises on a continuous basis - which is probably fairly unlikely, I have been advised by the Tenancy Commissioner, so it does not seem it would be a great problem - there would be a hiatus in the letting of the room in the boarding-house because the landlord cannot give notice prior to the ending of the fixed term. I should have liked a landlord to be able to give to the boarder notice of the day he would like the premises to be vacated. The landlord could then plan to let the room on the same day it was vacated by the previous tenant. However, I have been advised that that is not a particular problem. As I said before, the regulation of boarding-houses and lodging-houses is a complicated area, and I feel the Government is handling it in a most sensitive way. The effects of the proposed legislation may be monitored by the Tenancy Commissioner. He does a very good job in an area that requires monitoring. I support the bill.
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The Hon. ELISABETH KIRKBY [9.7]: The Australian Democrats support the basic thrust of the bill, which is to legislate for the rights of owners of boarding-houses and lodging-houses and the boarders and lodgers themselves. Boarders and lodgers are excluded from the residential and landlord relationship under the Residential Tenancies Act 1989. Under the new bill, standard rights and obligations will be established. Provisions for prescribed agreements are set out in division 1 of part 2. This standard form will clarify the relationship between boarders and lodgers. The cost of entering into agreements will be kept to reasonable levels with rental bonds limited to one week's rent. The taking of money other than rent will be limited, and the owner will not be able to demand more than one week's rent in advance. Disputes will be able to be handled by the Residential Tenancies Tribunal, and procedures will be established for the termination of agreements that specify periods of notice.
The bill represents an improvement, but it still has serious flaws. A few of those flaws were corrected by amendments passed in another place, but many others remain, and I should like to deal with those one by one. First, I want to deal with the problem of coverage. This bill narrowly defines boarders and lodgers as residents of boarding-houses and lodging-houses and some in shared housing, so the relationship is primarily a commercial one. Originally, only 15,000 of the estimated 120,000 boarders and lodgers in New South Wales were to have been covered by the legislation. Surprisingly, the 7,680 people in New South Wales who listed hotels and motels in the 1986 census as their usual place of dwelling - which meant they had lived there for more than six months - were not to have been covered. That situation has now been rectified, but many other people still will not be given sufficient protection.
It is most distressing to find that all boarding and lodging agreements, the purpose of which is to provide for residents' welfare, will not be covered by the legislation. Approximately 28,000 residents in 1,110 facilities licensed by the Department of Community Services will be excluded. According to the Tenants Union, residents in supported accommodation are the most vulnerable of all boarders and lodgers. I am therefore most concerned that this legislation denies legal rights to those in our society who are least able to protect themselves. My second concern is in relation to notice of rent increases. The bill will allow proprietors to only give 10 days' notice of rent increases. Given that boarders and lodgers are generally on low or fixed incomes and rely on fortnightly benefits or pension payments, it is surely obvious that they will need adequate time to find alternative accommodation if their rents are raised and become too expensive for them to manage. If they fall behind in their payments, their chances of finding alternative housing will be further reduced.
In comparison, the Residential Tenancies Act requires 60 days' notice of rent increases. Under the Victorian Rooming Houses Act, tenants must receive 30 days' notice. That Act limits rent increases to one every six months. I do not understand why the Victorian example could not have been followed in this legislation. My third concern relates to security of tenure. Where the landlord has no cause to evict - for example when a fixed term agreement has expired - the boarder or lodger need only be given seven days' notice. The corresponding requirements under the Residential Tenancies Act and the Rooming Houses Act are 60 days and six months respectively. Furthermore, the landlord need only give two days' notice when a tenant is seven days in arrears in the payment of rent. That is most unfair because as I pointed out earlier boarders and lodgers are often social security clients who live on the proceeds of their fortnightly cheques. As all honourable members know, computers often make mistakes and payments are frequently delayed. A boarder or lodger should receive a minimum of seven days' notice, the notice they would receive under the Residential Tenancies Act.
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Matters are made worse by the fact that under the bill a landlord is not required to obtain an order from the Residential Tenancies Tribunal when a termination notice has expired. A landlord can simply take possession and lock out the boarder or lodger. Under the Residential Tenancies Act, tenants are able to present their cases to the tribunal and cannot be evicted without an order of the tribunal. This bill institutionalises the present arbitrary process of evicting boarding-house and lodging-house residents. It has been amply documented that that has been happening in New South Wales, particularly in the inner suburbs of Sydney, for some considerable time. In fact it was the subject of an Australian Broadcasting Corporation documentary program only last Sunday morning.
My fourth concern relates to abandoned goods. Regulations will devise the process for the disposal of goods, and concern has been expressed that the inequitable provisions of clause 27 of the Residential Tenancies Regulations 1989 will serve as a model. Under those regulations, a landlord can remove and dispose of goods the value of which is less than the estimated cost of removal and storage two days after the termination of the agreement. That will mean that personal items of little monetary value but possibly of great sentimental value to the tenant - and I refer to such items as old passports, photographs, bank-books, books, small trinkets and ornaments - can be disposed off should the landlord so decide only two days after a boarder or lodger has been locked out, the rent having fallen into arrears by only seven days. That is a grossly inequitable provision because these small personal possessions have little value except to their owner. Such possessions may perhaps be all the owner has left from a previous home or they may be the only mementos the owner has of his or her entire life. They are vitally important to many older people. To give a landlord the opportunity to dispose of them after only 48 hours is quite iniquitous.
I am concerned also about rental bonds. The bill does not require rental bonds to be lodged with the Rental Bond Board. The Minister justified this by claiming that boarders and lodgers need access to their bonds at the end of their agreements. However, bonds may be returned from the board very quickly, sometimes immediately if the tenant attends the Rental Bond Board personally. The return of a bond from the board may be far quicker than the return of a bond from a landlord. I refer particularly to tenants whose landlord may not live in the same town and may visit that town infrequently. There may be a long delay before the former tenant is able to contact the landlord.
[Interruption]
The DEPUTY-PRESIDENT (The Hon. D. J. Gay): Order! I ask honourable members to lower the level of audible conversation. I am sure Hansard is having difficulty hearing the contribution of the Hon. Elisabeth Kirkby.
The Hon. ELISABETH KIRKBY: It has been well documented that in many instances landlords retain bonds and it is simply not possible for tenants to easily obtain the money from them. That is made more difficult if the tenant is old and frail, and may be intimidated by the landlord and may not even know his or her rights. Such tenants may be unfairly cheated out of their bonds, which may be their only means of obtaining alternative accommodation. The Government should examine this problem with a little more care than it has done in the past. Recent studies reveal that New South Wales boarding-houses do not cater predominantly to a transient population. They cater predominantly to older people, particularly older men, who have no other way of living and who probably do not qualify for Department of Housing accommodation, which in
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any event is woefully inadequate for the number of people requiring it. These sorts of people need the utmost protection.
Obviously I have to concede that the bill is possibly better than nothing, but I question why the Government is dragging its feet about giving boarders and lodgers legal rights similar to those of other tenants. Why should the Government have qualms about empowering boarders and lodgers who it knows very well are not financially well off? Does the boarders' lack of money make them any less deserving of having their reasonable rights enshrined in legislation similar to that introduced in relation to residential tenancies? I intend to move a number of amendments which will give greater protection to boarders and lodgers. I have been assured by the Hon. R. D. Dyer that the Opposition will support my amendments. I wish to place on the record that great concern has been expressed about the Government's amendment. It has inherent problems which I will deal with in the Committee stages of the debate. In conclusion, all I can say is that this legislation may be better than nothing. However, it certainly does not go far enough. Many vulnerable people will not be properly protected. In times of high unemployment and shortages of affordable accommodation, we should be thinking about those less fortunate than ourselves and providing them with adequate protection.
Reverend the Hon. F. J. NILE [9.20]: Call to Australia supports the Boarding Houses and Lodging Houses Bill 1991 (No. 2). The main object of the bill is the filling of a gap that has existed in legislation dealing with the whole area of residential tenancy provisions in the Residential Tenancies Act 1987. The matter was examined in detail by the special Tenancy Commissioner appointed by the Government. This legislation is a result of the commissioner's report dated 30th October, 1990. It is interesting that the Government is criticised for seeking to fill a gap where previously there was no legislation. It is always difficult to find the middle ground. The commissioner's report displays the conflict of interest in the way in which owners and operators look at the issue and the way in which boarders and lodgers look at it. Page 6 of the report sets out concerns of the owners and operators, which include: the owner needs always to have control as master of the house - this is the principal issue in boarding-house management; unsocial or malicious behaviour by residents, for example, damaging property, wetting mattresses, smoking in bed, stealing from other residents; residents losing keys and forcing their way into premises; residents who fall behind in rent and then abscond; maintenance of hygiene in common areas; excessive noise late at night; the need to be able to quickly remove unruly residents; and the need for residents to abide by house rules. Examples are given.
Someone who operates a boarding-house with a number of boarders has a responsibility to the boarders collectively and individually. The other boarders and lodgers are the ones who suffer if the owner does not take an interest in the conduct and welfare of the building. The report refers to the need for simple house rules such as: no loud music or television after 10 p.m.; no visitors after 11 p.m.; tariff to be paid one week in advance; residents to give one week's notice when leaving; and residents to leave premises if wilfully disturbing the peace. From my contact with people who operate church accommodation such as the Matthew Talbot Hostel, which is not covered by this legislation, I know that there must be rules and regulations. If someone is intoxicated or under the influence of alcohol and disturbs the other men in the refuge, that person has to leave. This is not for the security of the owner - in this case the church - but for the sake of the other residents or people using the facilities.
I believe the Government has tried to be fair in drafting the bill to meet the needs of the owners of boarding-houses and of the boarders and lodgers. An imbalance
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would result in a reduction in available accommodation and an increase in rents and perhaps in restrictions on boarders and lodgers. Those looking for accommodation would find it more and more difficult to secure accommodation. In 1986 the Federal Government took action in regard to negative gearing of rental properties. Because of the removal of tax advantages people were not investing in rental properties and the Labor Government had to reinstate the tax advantages. The well-intentioned amendments proposed by the Australian Democrats could be so harsh on the providers of accommodation for boarders and lodgers that they could result in the boarders and lodgers being adversely affected.
Another concern of the owners listed by the Tenancy Commissioner was that owners must have the right to select their residents. I have referred to the house rules, which would be in the form of a simple contract. It is difficult to apply the rules for normal rental accommodation to those in boarding-houses or lodging-houses. The boarders and lodgers want to be flexible and do not want the constraints of a tenancy-type contract. The report lists also the concerns of the boarders and lodgers. They include: the lack of any rights being unjust and the lack of security of tenure. Some of the boarders and lodgers wanted the same coverage as tenants under the Residential Tenancies Act 1987 and the Landlord and Tenant (Rental Bonds) Act 1977. Boarders and lodgers wanted a standard form of agreement for all boarders and lodgers, which has now been provided for.
The residents wanted the opportunity to be involved in the formulation of house rules. They proposed that there be a minimum of 30 days' notice to vacate in the case of the owner and seven days in the case of the boarder or lodger. They wanted the cost of the preparation of the agreement to be borne by the owner and the rental bond to be a maximum of one week's rent or tariff. They wanted non-refundable key money to be prohibited and rent in advance to be limited to one week. They asked that there be no discrimination against boarders or lodgers with children. Some accommodation is suitable for families with children and some is not, according to the objects of the owner. The concerns of the boarders and lodgers are dealt with up to page 10 of the report. I shall not take the time of the House by reading them in detail. The report provides a draft standard form of agreement for boarders and lodgers which will be the basis of the agreement under the legislation. The report provides also a definition of a lodger. Some people may have trouble in seeing a distinction between a lodger and someone who is renting accommodation. At page 1, terms of reference, the report states:
The primary and usual meaning of `lodger', as so defined, is `one who resides as an inmate in another person's house, paying a certain sum periodically for the accommodation', or `one who occupies an hired room in another's person's house . . . In ordinary circumstances with . . . [a] lodger . . . legal possession remains in the person who provides room or rooms . . . He retains possession and control over rooms and means of ingress and egress, but grants licence to guests who pay, or give consideration for the privilege.
Another definition is:
[An] occupant of premises is usually referred to as a boarder if meals are supplied to him by the owner . . . According to Megarry "in practice board is treated as lying somewhere between an early morning cup of tea and bed and breakfast".
The Residential Tenancies Act 1987, which commenced on 30th October, 1989, did not cover boarders and lodgers, and the Government, through the Tenancy Commissioner, sought to conduct an open inquiry at various forums, which to all intents and purposes was very extensive in its coverage and was held in different parts of the State. Many
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organisations and individuals made submissions to the inquiry and the background investigation resulted in the preparation of this legislation. The report sets out in summary form at pages 40 and 41 the results of those forums attended by boarders and lodgers and boarding-house operators. The agreed matters are listed on page 40 and include agreement that unscrupulous, dishonest and unlicensed boarding-house operators should be dealt with in some way; the appropriate authority should force them to trade fairly or be put out of business; violent or dangerous residents to be removed by owners and operators immediately; where a resident wants to leave of his or her own accord or where the owner wants the boarder or lodger to leave, but there has been no serious problem, a minimum period of notice is reasonable; where rent is to be increased, a minimum period of notice is reasonable; provision of rent receipts to residents is reasonable; reasonable access for owners to enter residents' rooms to provide services is necessary but residents' privacy should be respected; not all boarders and lodgers are transitory; the whole boarders and lodgers issue relates only to those situations where the resident is using the premises as his or her principal place of residence - backpackers and holiday makers are another issue all together; and Government incentives are necessary to encourage retention of current boarding house stock and new construction.
The points of disagreement are listed on page 41 and they include the need for any further regulation of boarding-house accommodation; the issue extending beyond commercial boarding-houses and lodging-houses into private homes, refuges, hostels, group homes, supported accommodation et cetera. I have received submissions from people who are concerned that the legislation does not cover supported accommodation, but I submit that matter would be better dealt with in some other way than by this particular piece of legislation. That is not to say that area should not be covered by legislation or carefully monitored to ensure that people using that type of accommodation are properly cared for. Doubtless all honourable members were shocked by the Coroner's report into supported accommodation provided at Dungog where up to 40 people with various forms of mental illness were left virtually without care and attention at night. An inspection of a small section of the building that was left standing revealed a great lack of care. The sheets, which were originally white, were a dark grey to black, which showed a lack of hygiene and care of those residents. Supported accommodation should be looked at but it would not be helpful to try to tack such accommodation on to this legislation. I would be happy to discuss those concerns with organisations involved in supported accommodation or refuges to ensure that there is sufficient legal protection in place and that whatever legal protection considered necessary be provided.
The Government is seeking, through the Minister for Housing, to introduce standard rights and obligations for owners, and boarders and lodgers, in addition to providing for the settlement of disputes that might arise during the agreement. Part 1 of the bill deals with preliminary matters, including the definition of the terms and the application of the bill. It excludes certain premises from the operation of the Acts and allows for regulation to exclude charitable refuges such as the Matthew Talbot Hostel, Foster House, women's and youth refuges and half-way houses. In fact I understand that is what those charitable organisations wish. They are quite happy with that approach. The Government has excluded crisis accommodation, also. That does not come within the general definition of a boarding-house or lodging-house operation.
The bill does not seek to interfere unnecessarily with ordinary commercial requirements, and the Government is anxious not to provide a disincentive to this category of accommodation providers. Serious accommodation problems confront society and the Government seeks to encourage people who have the financial resources to invest in this area. I have had discussions with the Tenancy Commissioner who conducted the
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inquiry into boarders and lodgers and who reported to the Minister for Housing. He said that representatives of charitable and church groups, such as the Salvation Army and St Vincent de Paul, met with him at the start of the inquiry. Those organisations were quite concerned to ensure that the legislation did not impose upon their ability to offer the crisis type of accommodation they presently provide in the community. Part 3 of the bill deals with the administration of the legislation. It gives the Tenancy Commissioner, who has responsibilities under the residential tenancies and retirement villages law, information, investigation and review roles.
The legislation is innovative and seeks to fill a gap. Some people complain that perhaps governments pass too many laws and make too many regulations, but there seems to be a need for this legislation. It will not be set in concrete. It will be reviewed and monitored through a consultative committee chaired by the commissioner. The committee will comprise consumer, industry and government representatives as was done with the residential and retirement villages law. That should provide sufficient safeguard to ensure that no unintentional negative aspects or effects are caused by the legislation. I encourage consumers, owners and operators to make full use of the committee to ensure that there is a happy, working arrangement in this State, in particular in Sydney and other large cities, for the benefit of the boarders and lodgers, and to encourage owners and operators to continue to provide this type of accommodation. I draw the attention of honourable members to a letter received by Call to Australia from Captain Trevor Haworth, President of the New South Wales Tourism Industry Association. The letter states, inter alia:
The Amendment to the Bill, which would have a significant affect on the Hotel and Motel Industry, is of grave concern to the New South Wales Tourism Industry as a whole.
The concerns are carefully outlined in the attached letter written by the Australian Hotel Association, one of our constituted Members, which you have no doubt already received.
I did receive that correspondence. The letter continues:
Legislation such as the one proposed in the amendment would for obvious reasons, have a serious impact on the image and operation of the tourism accommodation infrastructure in this State and would therefore impact on tourism generally.
We believe the amendment to the Bill must not be permitted to pass through the Legislative Council and become law for the reasons outlined in Mr Knapp's letter.
Your support in opposing the amendment would be greatly appreciated by the Tourism Industry in this State.
I do not know whether the honourable member for Bligh in another place had a full understanding of the impact her amendment would have on hotels and motels. It certainly will have a significant impact on the tourism industry. It should not be included in this legislation, though it may be included in other legislation relating to the tourism industry as a whole and the type of accommodation that is provided by such premises as the backpacker hostel in Kings Cross that was destroyed by fire, resulting in the deaths of many of its occupants. The operation and management of such premises must be kept under close supervision. The provisions of this legislation, which deal with boarding-houses and lodging-houses, should not be clouded by such provisions as those proposed in the amendment. Call to Australia supports the bill.
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [9.42], in reply: I thank honourable members for their support of the legislation. The
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Hon. Elisabeth Kirkby said in her contribution that the bill does not afford protection to boarders and lodgers as there is no provision to enable them to go to the Residential Tenancies Tribunal. Clause 24 provides a penalty of up to $5,000 as well as the payment of compensation on prosecution in a Local Court. The investigatory powers of the Tenancy Commissioner provide considerable protection not only for boarders and lodgers but also for the community nature of accommodation provided in boarding-houses and lodging-houses. I trust this explanation has clarified the matter raised by the Hon. Elisabeth Kirkby.
Motion agreed to.
Bill read a second time.
In Committee.
Part 1
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [8.45]: I move:
Page 4, clause 6. After paragraph (g), insert:
(h) premises comprising a motel; or
The bill as introduced by the Government seeks to exclude from its coverage premises comprising hotels or motels. The Residential Tenancies Act contains similar provisions. The amendment passed in the Legislative Assembly deleted the exclusion for premises that are hotels and motels. It introduced a limited application to those agreements that were for the purpose of providing a room in a hotel or motel as the occupant's principal place of residence. The Government now seeks to amend the bill's application to hotels and motels by reintroducing the exclusion for motel premises. The Government has considered the application of the bill to these premises and is satisfied that the accommodation provided by motels is not for long-term purposes like boarding-houses and lodging-houses. I commend the amendment to the Committee.
The Hon. R. D. DYER [8.46]: The Opposition opposes this amendment. It is true as the Minister said that the bill in its original form contained an exclusion of premises comprising an hotel or a motel. In another place the honourable member for Bligh successfully moved an amendment that had the effect of deleting paragraph (b) of clause 6. The Opposition in another place supported that amendment. The Opposition takes the view that hotels and motels sometimes are resorted to and used by persons who are in the nature of boarders and lodgers and who are using the premises as their principal place of residence as distinct from other purposes such as business and holiday purposes, and so on. It is relevant to point out to the Committee with regard to the amendment the Minister is proposing that the bill in its amended form provides in the new paragraph (b) that the Act does not apply to premises ordinarily used for holiday purposes. Honourable members will no doubt acknowledge that motels quite commonly, and perhaps even overwhelmingly, are used for holiday purposes. That specific exclusion remains in the bill as it stands at present.
In addition, as a flow-on from the successful amendment moved in another place by the honourable member for Bligh a further amendment was inserted in the bill. That appears as paragraph (f) of clause 7, which provides that the Act does not apply to a
Page 5220
boarding agreement or lodging agreement if the relevant room is in premises comprising an hotel or motel and the purpose of the agreement is to provide accommodation other than as the occupant's principal place of residence. Forms of use that would be otherwise than the occupant's principal place of residence would clearly be - and I am not exhausting the field by any means - holiday use and business use, and so on. The Opposition in supporting the amendment of the honourable member for Bligh was seeking to protect the disadvantaged, low-income people who might not necessarily use premises to live in on a more or less permanent basis which could ordinarily be described as residentials, boarding-houses, lodging-houses and so on. On occasions, by no means rare, people of low socioeconomic status - that is low-income earners - use relatively inexpensive hotels for permanent or semi-permanent residential accommodation. The amendment proposed by the Minister relates not to hotels but to motels. It is less common, though not unknown, for low-income earners to use motels, but they should receive appropriate protection. The Opposition does not agree with the sweeping, across-the-board nature of the proposed amendment which would remove motels entirely from the ambit of the proposed legislation. For those reasons the Opposition opposes the amendment proposed by the Government.
The Hon. ELISABETH KIRKBY [9.51]: The Australian Democrats also oppose the proposed amendment. As I said during the second reading debate, the 1986 census counted 7,500 persons, other than proprietors and their families, as residents of hotels or motels. It is possible that the current census, when processed, will show that because of the downfall of the economy, high interest rates and high housing costs, more than 7,500 people, other than proprietors and their families, are living as permanent residents of hotels and motels. After the Newcastle earthquake more than 20 people who had lived permanently for many years in a hotel that had been damaged and rendered unsafe by the upheaval had to be found other accommodation. Those 7,500 to 8,000 people mentioned in the census are mostly elderly single men who are low-income earners or pensioners. They need protection. I do not believe that the proposed amendment will give them that protection. Therefore, I oppose the amendment proposed by the Government.
Reverend the Hon. F. J. NILE [9.53]: The Call to Australia group supports the proposed amendment for the reasons I gave earlier during the second reading debate but also because the proposed amendment foreshadowed by the Government in regard to hotels will include those people about whom concern has been expressed, that is, those who use such accommodation as their principal residence for a period of at least six months. The amendment now being considered deals only with motels.
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [9.54]: I shall address the issues raised by the Hon. R. D. Dyer. Motels are also used for business purposes. Consequently, exemption of holiday premises would not cover other accommodation. Many visitors come from overseas and interstate on business which may not be related to any holiday purpose and stay in motels. Therefore, the benefit of that protection to which the honourable member refers may not apply. There is no evidence that motels are being used as long-term accommodation and for that reason are dealt with separately from hotels for the purpose of the amendment. The Victorian Rooming Houses Act, which commenced last year, is the only other known legislation in the world that deals with boarding-houses and lodging-houses. That Act provides specific and complete exemption for both hotels and motels similar to that in the proposed legislation.
Page 5221
Anomalies may arise if the amendment of the honourable member for Bligh in the other place is proceeded with. It is not unusual for couples who have separated to book into a motel for a week. The amendment will require motel operators to obtain declarations or other statements that the motel is not a principal place of residence of those occupants. Obviously, the last thing a newly separated person wants to admit is that a motel is the principal place of residence, but after a week has passed that person may begin to realise the separation may be more than transitory and the motel may become the principal place of residence. Once that occurs, breaches of the proposed legislation may occur in the absence of forms of agreement, but because the motel is the principal place of residence, protections are afforded by the proposed legislation. The result may be that a harsh consequence is imposed on the thought that should not be regarded as the intent of the proposed legislation. On all the evidence motels are not the same as hotels. To impose this sort of harsh consequence on motel operators is, in the view of the Government, unreasonable and unnecessary.
The Hon. J. R. JOHNSON [9.56]: I am concerned about the definition of a motel in the proposed legislation. Coming to work of a morning I observe various motels that have signs that offer nightly, weekly or permanent accommodation. In country areas I was aware of people living permanently in motels. I recall going to the construction site of a dam that was being built outside Inverell. I recall finding that men were staying at motels in Inverell on a permanent basis. The protection envisaged in the amendment proposed by the Hon. R. D. Dyer is necessary. People live in motels on a permanent basis. Does the placement of a motel sign on the side of a motel make it a motel? Does the placement of a motel sign on the side of a boarding-house make it a motel? The provision in the bill will cause considerable difficulty, but the amendment proposed by the Hon. R. D. Dyer will protect those who need protection.
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [9.58]: The concept of a motel is well known and clearly defined in dictionaries. It is a concept that is well known in town planning law. Therefore, it does not need further definition. The type of accommodation referred to by the Hon. J. R. Johnson, especially such accommodation in country areas, is short-term or transient accommodation rather than permanent accommodation. The proposed legislation is aimed at those who are using motels as their permanent accommodation.
Question - That the amendment be agreed to - put.
The Committee divided.
Ayes, 18
Mr Bull
Mrs Chadwick
Mr Coleman
Mrs Forsythe
Miss Gardiner
Mr Gay
Dr Goldsmith
Mr Hannaford
Mr Moppett
Mrs Nile
Revd F. J. Nile
Dr Pezzutti
Mr Pickering
Mr Ryan
Mr Rowland Smith
Mr Webster
Tellers,
Mr Mutch
Mrs Sham-Ho
Page 5222
Noes, 17
Dr Burgmann
Ms Burnswoods
Mr Dyer
Mr Egan
Mr Enderbury
Mrs Isaksen
Mr Johnson
Mr Kaldis
Mrs Kite
Mr Manson
Mr Obeid
Mr O'Grady
Mrs Symonds
Mr Vaughan
Mrs Walker
Tellers,
Miss Kirkby
Mr Macdonald
Pairs
Mr Jobling
Mr Samios
Mrs Arena
Mr Shaw
Question so resolved in the affirmative.
Amendment agreed to.
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [10.6]: I move:
Page 5, clause 7. Omit paragraph (f), insert instead:
(f) if the relevant room is in a hotel and the purpose of the agreement is to provide accommodation otherwise than as the occupier's principal place of residence for a period of at least 6 months.
The application of the bill to hotels is clarified by providing a definition of principal place of residence as being where a person has continuously occupied a particular room in a hotel for at least six months. This will overcome one of the major difficulties with the inexact terminology of principal place of residence. For the operators of hotels this will make it clear that there will not be any imposition on their operations, which are generally offered for short-term accommodation. But the amendment will recognise that there are situations where people have been offered long-term residency in hotels. It is important that this type of accommodation remain available as suitable accommodation for those who are offered and want long-term arrangements in hotels. It will be clear that if the purpose of the agreement is for a room to be occupied as the occupant's principal place of residence for in excess of six months, the hotel operator and the resident will be subject to the provisions of the Boarding Houses and Lodging Houses Bill. I commend the amendment.
The Hon. R. D. DYER [10.7]: The Opposition also opposes this amendment. As I said in speaking to the Government's previous amendment, the honourable member for Bligh in another place successfully moved an amendment to clause 7 of the bill to insert the present clause 7(f) which provides:
7. This Act does not apply to a boarding agreement or a lodging agreement:
(f) if the relevant room is in premises comprising a hotel or motel and the purpose of the agreement is to provide accommodation otherwise than as the occupier's principal place of residence.
The amendment just moved by the Minister differs from the amendment moved successfully in another place in two main respects. For one thing, it deletes a reference
Page 5223
to a motel and, for another, it adds the provision relating to residence for a period of at least six months. In speaking to the previous amendment I indicated that the Opposition did not agree to motels as a total class of accommodation being excluded from the operation of the legislation. It follows as a matter of logic that the Opposition does not agree with the deletion of the word "motel" as proposed by this amendment. The Opposition's more substantial objection to this amendment is the grafting on to the provision inserted in another place of the reference to residence for a period of at least six months. The Opposition believes that is an unduly restrictive and rigid provision. Whether in a given case the place a person occupies is his or her principal place of residence is a question of fact to be determined by evidence. To provide that one must reside in a principal place of residence for at least six months is not only restrictive - and, I would argue, an excessive period of time - but invites the mischief of the landlord or the owner of the premises procuring vacant possession by eviction action at the expiration of, shall we say, five months. That is an undesirable scenario that should not be encouraged.
The Opposition in another place supported the provisions of clause 7(f) on the basis that clause 7(f) and clause 6(b), taken in tandem, protect persons on low incomes who occupy hotel or motel rooms on a more or less permanent basis. Premises ordinarily used for holiday purposes were excluded. The Opposition believes that it took a responsible attitude to protect the interests of both the hotel and motel industry and unfortunate people of relatively modest means who need that type of accommodation because they cannot afford anything better. The Opposition believes that the Government by moving this amendment has gone over the top in responding to concerns expressed by the hotel and motel industry, which is reading far too much into the amendment which was inserted into the bill in another place. For those reasons the Opposition is unable to support the amendment.
The Hon. ELISABETH KIRKBY [10.12]: The Australian Democrats cannot support the amendment, not only for the reasons given by the Hon. R. D. Dyer but because it is unnecessary. An analogy can be drawn with the treatment of caravan park residents under the Residential Tenancies Act. I remind honourable members that clause 16 of the residential tenancies regulations of 1989 provides a method of distinguishing between temporary and permanent caravan park residents. That method is known as the 30-30 rule. If both parties reach a lodging-house agreement in a hotel or a motel, the provisions of the bill will apply immediately. They will apply to the motels mentioned by the Hon. J. R. Johnson which advertise permanent accommodation. Some inner city hotels also advertise permanent accommodation. If one party to a lodging-house agreement in a hotel or motel objects, the provisions of the bill will apply after 30 days. The provisions of the bill may apply after a period of 60 days in any event.
So far as caravan park residents are concerned, the 30-30 rule delineates clearly the difference between temporary and permanent residents. If that rule were introduced, no amendment to the bill would be required. A regulation could be prescribed which excludes temporary residents. Temporary residents are those who are not permanent residents as defined under the 30-30 rule to which I have referred. Hoteliers would be highly unlikely to ask all residents to leave after 59 days. If the hotelier had advertised permanent accommodation, he or she would be hardly likely to want to lose the commercial advantage as a result of accommodating long-term residents. Hoteliers will not advertise permanent accommodation unless they want long-term residents. They will not forgo the stable income they receive from long-term residents because the provisions of the bill allow the proprietors to give merely seven days' notice, at the expiration of which period the tenant can be locked out.
Page 5224
The introduction of the 30-30 rule would answer everyone's concerns. It would answer some of the complaints put forward by the Australian Hotels Association. The correspondence I have received from the Boarders and Lodgers Action Group was in response to a letter from the Australian Hotels Association and refutes many of the association's arguments. I cannot understand why at this time of record unemployment and of more people needing and being unable to find low-cost accommodation, the Government seems to be falling over backwards to meet the needs of the Australian Hotels Association. That association does not need this sort of assistance. We should be looking after the least privileged in our society and not one particular privileged group.
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [10.17]: The Government amendment provides a definition by referring to a period of six months as a rider on the principal place of residence. It will introduce certainty as to the principal place of residence, which is otherwise dependent on the resident's own intention. Hotels have no control over whether a person becomes a boarder or a lodger. The Committee must remember that as a matter of law hoteliers cannot refuse to accommodate people. For that reason the law has always distinguished hotels from other types of accommodation. If this clause remains unamended, hotelkeepers will not be able to refuse accommodation and will not know what type of person they are taking in - a general hotel occupant, a boarder or lodger. That will cause difficulties for hoteliers taking rent in advance and bond payments, which are limited by the bill. Those circumstances will promote uncertainty and that is the reason for the amendment.
The Opposition has questioned the ability of hoteliers to move an occupant from room to room to overcome the six months' time limit suggested in the proposed amendment to clause 7(f). As I understand it, the gist of the Opposition's proposal is that after five months the hotelier could move a resident from one room to another before the bill takes effect. However, the proposal overlooks clause 38 of the bill which prohibits a person from entering into an agreement, contract or arrangement with the intention of directly or indirectly defeating, evading or preventing the operation of a provision of the bill. Any arrangement by hoteliers to move people from room to room will be considered to be a breach of the contracting out provisions of clause 38. An offence under that clause is subject to prosecution in a Local Court and carries a maximum penalty of $2,000. The Government believes that overcomes the concern raised by the Hon. R. D. Dyer.
The Hon. R. D. DYER [10.20]: In regard to the matter to which the Minister has just referred relating to clause 38, I note that that provision refers to a person who enters into an agreement, contract or arrangement with a specific intention. I would suggest to the Committee that the intention must be formed at the time a person enters into the agreement. If for the sake of argument a person farther down the track - five months down the track - were to decide that it was convenient to the particular hotelier or landlord to move that person, on a preliminary consideration of clause 38 I would doubt that that offence would be made out, given that on my reading of it the intention has to be formed at the point when a person enters into an agreement. Whether I am right regarding that or not, I agree with the Hon. Elisabeth Kirkby in what she said regarding the 30-30 rule referred to in the submission made by the Boarders and Lodgers Action Group. I referred to that matter during the second reading debate. Through inadvertence I did not refer to it in Committee but the matter having been raised by the Hon. Elisabeth Kirkby I agree that that certainly is an alternative and readily available manner of dealing with the matter.
Page 5225
The Hon. ELISABETH KIRKBY [10.21]: In view of what the Minister said in reply to me and in referring honourable members to clause 38 of the bill, does the Minister really believe that some of these people who are trapped into low-cost accommodation for long periods - it has been admitted in another place that many of them may be illiterate - will be able to take a proprietor to court so that the proprietor can be penalised? Where will they get the money to do it when they are already being evicted from accommodation in some cases for the non-payment of rent? Does he honestly expect that they will know that they have the right to do that? We are talking about an underprivileged section of the community. Many of these people may not have English as a first language. They may not be aware of the legal sanctions in a lot of our legislation. They are certainly not in a position to employ lawyers to help them. Nor would they have the money to employ a lawyer even if they believed they had the right to take action through a lawyer. It is not a reasonable assumption. We are attempting to legislate for middle-class values and that legislation is being imposed on underprivileged people. Quite frankly, I think it is a disgrace.
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [10.23]: The Hon. Elisabeth Kirkby has overlooked that the Tenancy Commissioner, under part 3 of the bill, has the role of providing assistance of the type to which she referred to the people about whom she raised concerns. The Tenancy Commissioner conducts the investigations and he also conducts the prosecution. Therefore, it is not a matter of a tenant, particularly an underprivileged tenant, needing to have independent legal advice. All that is provided by the Tenancy Commissioner, which is his role.
The Hon. R. D. Dyer: They have to know to approach the Tenancy Commissioner.
The Hon. J. P. HANNAFORD: That is a problem with any part of any legislation. That is why we have community advocates. One hopes that people have access to someone in the community who will be able to refer them to a legal aid service or a magistrate. But if people do not know they have any rights at all and they are evicted they will not even know to go to anyone for assistance. So it does not matter how we legislate, we cannot protect those people. We have to put in place as many mechanisms of protection as we can. That is why we have provided for the Tenancy Commissioner to intervene when he finds out about these issues from whatever source. The Government's tenancy service provides support by employing workers who speak community languages. These investigators have a clear track record of investigating issues and successfully prosecuting cases in which issues are brought to their attention.
The Government has recognised the sorts of issues raised by the honourable member and has sought to address them. In relation to the questioning by the Hon. R. D. Dyer about clause 38, it is the advice of those who drafted the legislation that it covers the exact problem to which he has adverted. I am in a position to indicate to the Committee that if, as a result of experience with this legislation, the type of problem adverted to by the Hon. R. D. Dyer is not covered by the proposed section 38, the Government will amend it to make certain that the way in which we intend it to operate is achieved. Those who seek to avoid the provisions of the legislation by moving people from room to room to try to get around an agreement will be brought within the provision of the legislation. The legal advice that has been given to us is that is covered by proposed section 38 as drafted.
The Hon. J. R. JOHNSON [10.26]: I ask the Minister again to elaborate on what a hotel is. Is it a licensed premises? Is it a private hotel? Does the legislation
Page 5226
envisage covering private hotels? In the Haymarket area of this city there are a considerable number of private hotels. In Flinders Street there are also many private hotels. I can recall that when I was a union official a man who worked at Mark Foy's had lived in the same room at the Vanity Fair Hotel, which was on the site the Commonwealth police building now occupies, for 52 years. In numerous establishments throughout the country there are people who have been in occupancy of a room in a hotel. There may have been 10 licensees of the hotel. A licensee sells the lease of the hotel and the tenant goes with it. I hope that these types of people are protected by the legislation.
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [10.28]: I am advised that the term hotel is not specifically defined in the legislation and therefore we will adopt the traditional dictionary definition. As the honourable member said, there are two types of hotel - those licensed under the Liquor Act and the general private hotels which we well know around the community. Both types of hotel would be covered by the legislation. The only reason for the distinction in regard to licensed hotels is to cover the problem which arises with the ability of the operator to exclude people. This has been recognised in the Liquor Act by requiring that a hotel not refuse people access to the premises. In regard to this legislation a hotel means the generic term hotel as found within the dictionary.
The Hon. J. R. JOHNSON [10.29]: I do not wish to further complicate the position but a private hotel could make an application and be granted a licence. Would this have any bearing on the occupants of the rooms?
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [10.29]: That would not have any bearing. Provided the premises are being operated in the way in which a hotel is defined so as to give its characteristics, it would fall within the provisions of this bill, whether or not it is licensed under the Liquor Act. It may, if it is required to do so, be licensed under any other piece of legislation. Provided it falls within that generic definition it would be covered by this legislation.
Reverend the Hon. F. J. NILE [10.30]: The Hon. J. R. Johnson has shown the Government's wisdom when it introduced the bill originally -
The Hon. J. R. Johnson: That was not my intention.
Reverend the Hon. F. J. NILE: I know that but the honourable member proved the point I was going to make. In its original form clause 6 of the bill dealt with premises that were not covered by the Act, which were premises comprising a hotel or motel. I am not arguing that there may be some need for legislation to control or supervise the accommodation of people living in hotels but I believe it was incorrect when the other place inserted the amendment dealing with hotels and motels into this legislation. The Government has compromised by deleting the word "motel" but retaining the word "hotel" and the words "provide accommodation otherwise than as the occupier's principal place of residence for a period of at least 6 months". Some confusion may still remain, but I understand that is the political reality of trying to find a compromise.
The Hon. J. R. Johnson: Some places are hotel-motels.
Reverend the Hon. F. J. NILE: That is what I am saying. Because of that hotels and motels should not be covered by this bill. The Australian Hotels Association
Page 5227
has raised a question regarding the effect of this change on managers who reside in hotels. According to the AHA the owner of a hotel could not require the manager to vacate the premises outside the notice provisions of the legislation. This could be a major concern in cases where a manager's employment has been terminated without notice because of dishonesty or fraud or if there is hostility between the manager and the owner. The AHA believes those practical questions have not been taken into account by those who support including hotels in the provisions of this legislation. The AHA also made the strong point that apparently for the first time in Australia residents of hotel rooms will be covered by such legislation as this and that there has always been a distinction between accommodation provided by boarding-houses and accommodation provided by hotels. However, the Government has made the point that the owner of a hotel is obliged to provide accommodation whereas the owner of a boarding-house is not so obliged. Under section 128 of the Liquor Act a hotel manager has certain responsibilities towards the residents of that hotel. It would seem on the surface that it may not be economically possible to meet those responsibilities. However, those with good intentions who support the approach proposed will cause hotels not to provide accommodation in the future but merely to serve alcohol.
The Hon. R. D. DYER [10.33]: We are talking here about disadvantaged people. We are talking substantially about low-income, single men or pensioner, single men who are unsophisticated so far as awareness of their legal rights is concerned. The Minister referred to the right to approach the Tenancy Commissioner, but in many cases those people would not be aware of the existence of that facility. The Minister referred also to the tenancy service of the Department of Housing. It is not for me to unduly criticise that service, but the present Government, in its previous term of office, saw fit to defund the community based tenancy advice and referral services. Those services advised people and also acted in an advocacy role for them. The facilities of advice and representation available under this Government's administration are somewhat diminished from what they were during the former Government's term of office. It is for those reasons, among others, that the Opposition was happy to support the amendment moved by the honourable member for Bligh in another place, which sought to take hotel and motel premises into the ambit of this legislation. The Opposition is unhappy with the Minister's amendment as it is likely to be abused by landlords - not all but some - and we believe it is far better that the amendment as successfully moved in another place by the honourable member for Bligh should remain as it stands.
The Hon. ELISABETH KIRKBY [10.35]: It appears to me that the Australian Hotels Association wants to have it both ways. It wants the ability to have long-term residents because of the security of income but it does not want to have to comply with any of the legislation laid down specifically to protect people who are lodging or boarding, whether in a hotel, motel or any other type of shared accommodation. The association cannot have it both ways. Under the Act it is perfectly at liberty merely to offer temporary accommodation. Hoteliers need not offer permanent accommodation at any time. One of their functions is to offer overnight or weekly accommodation. However, once they have advertised that they are prepared to offer permanent or long-term accommodation, they must meet their responsibilities and comply with the legislation that deals with boarders and lodgers in permanent accommodation.
As to the problem raised by Reverend the Hon. F. J. Nile about resident managers, I am informed that a valid analogy can be drawn with the caretakers of clubs. They were specifically covered under the Residential Tenancies Act 1987. Therefore, I believe in the same way managers or licensees who are resident on the premises of hotels or motels could be similarly covered by regulation. Those honourable members
Page 5228
who did not hear the "Practicalities" program on the Australian Broadcasting Corporation last Sunday morning should listen to its sequel which will be broadcast at 9 o'clock this coming Sunday. On that program horrendous stories were told about people who were evicted from boarding-houses at 2 o'clock in the morning. Their luggage was thrown out on the pavement after them. The people told their own stories. These practices are taking place in this State at present. I believe, unlike the Government, that those people need protection.
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [10.37]: That is why this legislation was introduced. Its purpose is to provide such protection. I draw the honourable member's attention again to the provisions of clauses 34 and 35 of the bill, which give to the Tenancy Commissioner the power to act on behalf of a tenant where that tenant lodges a complaint with the commissioner.
Question - That the amendment be agreed to - put.
The Committee divided.
Ayes, 17
Mr Bull
Mrs Chadwick
Mrs Forsythe
Miss Gardiner
Mr Gay
Mr Hannaford
Mr Mutch
Mrs Nile
Revd F. J. Nile
Dr Pezzutti
Mr Ryan
Mr Samios
Mrs Sham-Ho
Mr Rowland Smith
Mr Webster
Tellers,
Dr Goldsmith
Mr Moppett
Noes, 16
Dr Burgmann
Ms Burnswoods
Mr Dyer
Mr Enderbury
Mr Johnson
Mr Kaldis
Miss Kirkby
Mrs Kite
Mr Macdonald
Mr Manson
Mr Obeid
Mr O'Grady
Mrs Symonds
Mr Vaughan
Tellers,
Mrs Isaksen
Mrs Walker
Pairs
Mr Coleman
Mr Jobling
Mr Pickering
Mrs Arena
Mr Egan
Mr Shaw
Question so resolved in the affirmative.
Amendment agreed to.
Part as amended agreed to.
Part 2
The Hon. ELISABETH KIRKBY [10.45]: I move:
Page 9, clause 18. In subclause (1) (b), omit "10", insert instead "60".
Page 5229
This amendment relates to the length of notice of a rental increase required to be given to a boarder or lodger. A period of 10 days' notice of an unspecified rent increase is not sufficient. It has been said repeatedly in the past hour that boarders and lodgers belong almost exclusively to the low-income group, and a sudden rent increase often means that a boarder or lodger has to seek alternative accommodation. It is well known also that low-cost rental accommodation is scarce and it would take a boarder or lodger longer than 10 days to find such accommodation. A period of 60 days, which is provided in the Residential Tenancies Act, is appropriate. Boarders and lodgers should be afforded the same protections and privileges enjoyed by tenants who are subject to the provisions of the Residential Tenancies Act. I commend my amendment to the Committee.
The Hon. R. D. DYER [10.47]: The Opposition supports the amendment moved by the Hon. Elisabeth Kirkby for the reasons advanced by her to the Committee.
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [10.47]: This clause requires 10 days' written notice of a rent increase to be given to a boarder or lodger. The amendment proposes that the period be increased to 60 days. Such a change would make the notice period the same as that for a tenant under the Residential Tenancies Act. However, a boarder or lodger has no right to go to the Residential Tenancies Tribunal about what is claimed to be an excessive rent increase, so the longer period to consider options is not relevant. At present, a boarder or lodger may be given notice of a rent increase to take effect immediately. Therefore, the provision of 10 days is a significant improvement. Information gathered at public discussion forums held last year by the Tenancy Commissioner revealed that even boarders and lodgers would not expect such a long period of notice as 60 days. Though some may have been residents in a boarding-house for many years, 10 days is considered to be a reasonable time within which to make the necessary arrangements to move on if the rent increase is regarded as too steep. In any event, if the person has been a good boarder or lodger, it is unlikely that the owner would want to lose him or her and, therefore, other necessary arrangements would be made.
The Hon. ELISABETH KIRKBY [10.50]: The hour is late and I am amazed at some of the remarks that have been made in this debate. Words fail me. The Minister has attempted to assure the Committee that 10 days is a suitable period of time for a person living on a pension or social welfare benefit to find other affordable accommodation. The Minister would realise how ludicrous his suggestion is if he knew how difficult it is to obtain low-cost accommodation. Not much low-cost accommodation is available. Where is such a person, once given notice, supposed to go to start looking for accommodation? First they will have to look through the newspapers. Then they must find money to travel to other areas of Sydney, if they are living in this city, to look for somewhere cheaper to live. It is a total impossibility for those people to do that in 10 days and it is ludicrous to expect it. Why should a boarder or lodger not have the same rights as tenants under the Residential Tenancies Act? What is the rationale for the difference?
I am astounded that the Government should adopt such a view because it must be obvious that 10 days is insufficient time for such people to find accommodation. If 10 days were sufficient time to find accommodation, so many underprivileged people would not be seeking crisis or refuge accommodation and support. Major crisis assistance organisations such as the Sydney City Mission, the Smith Family, St Vincent de Paul Society and the Salvation Army are stretched to the limit and overcrowded with people who cannot find any other form of accommodation because it does not exist. It is ludicrous to suggest that 10 days is an adequate period of time to find affordable
Page 5230
accommodation or that a tenant need be given no notice at all. The Government may want to amend legislation to assist people in these circumstances but should make that assistance meaningful, select a relevant time span and not seek to introduce a 10-day mickey mouse period. If 60 days is considered to be too long, allow 30 days. But the suggestion of a 10-day period being of value is amazingly stupid and I cannot believe that any rational person could put it forward.
Reverend the Hon. F. J. NILE [10.53]: I wish to ask the Minister a question. Clause 18(2) of the bill provides that the rent payable under a boarding or lodging agreement that creates a tenancy for a fixed term is not to be increased during the term of the tenancy unless the amount of the increase or method of calculating the increase is set out in the agreement. Apparently those who may agree to a fixed term would not be taken by surprise by an increase in rent but would be covered by an arrangement built into the agreement that they sign. A proportion of boarders and lodgers would be in that category, others would be in a different category. The ratio between those groups is unknown.
The Hon. R. D. Dyer: Even seven days could be a fixed term.
Reverend the Hon. F. J. NILE: Yes, but if a fixed term is stated in an agreement, the amount of rent increase or method of calculating the increase would be set out in that agreement. Any increase would not be by a sudden surprise announcement but would be covered by clause 18(2) of the bill. The Hon. Elisabeth Kirkby has addressed the difficulty caused by the shortage of accommodation.
The Hon. Elisabeth Kirkby: The proposed legislation will increase the power of the landlords.
Reverend the Hon. F. J. NILE: No one, not even the Hon. Elisabeth Kirkby, would provide this form of accommodation if its disadvantages are increased. The honourable member may in fact disadvantage the people she is seeking to help. The honourable member thinks that she can hold a big stick over the owners of boarding- houses and tell them they must do what is required. The owners do not have to do anything. They can sell the boarding-houses or demolish them if they want to.
The Hon. Elisabeth Kirkby: They are making too much profit out of it to do that.
The Hon. P. F. O'GRADY [10.56]: University students and people on fixed incomes from a pension or social security benefit live in this form of accommodation. The Newcastle earthquake devastation damaged many boarding-houses and caused increased accommodation costs. People affected by that disaster could not find similar accommodation after the earthquake at the same cost that they enjoyed prior to the devastation. Those people could not possibly find accommodation within 10 days of the earthquake. I believe that in this straightforward and simple area the Government should accept the proposed amendment which recognises problems experienced by students and low-income earners, let alone anyone else. I urge the Government to reconsider its position.
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [10.58]: The Hon. Elisabeth Kirkby raised important issues but supplied the answer to her own dilemma. She prefers that tenants in boarding-houses and lodging-houses be treated as tenants under the Residential Tenancies Act. The reality is that they are tenants
Page 5231
not under the Residential Tenancies Act but under the proposed boarding houses and lodging houses legislation. They are in different forms of tenancies that have different roles and achieve different purposes. The honourable member is seeking in effect to have both forms of accommodation treated exactly the same. That approach seeks to subvert the difference between the available forms of accommodation. In answer to the question asked by the Reverend the Hon. F. J. Nile, I confirm that if there is a fixed term his supposition is correct: there cannot be any increases in rent during the period of a fixed term unless the method for increasing that rent is clearly set out in the agreement. Clause 18(2) of the bill covers the situation to which the honourable member has adverted.
Question - That the amendment be agreed to - put.
The Committee divided. Ayes, 16
Dr Burgmann
Mr Dyer
Mr Enderbury
Mrs Isaksen
Mr Johnson
Mr Kaldis
Miss Kirkby
Mrs Kite
Mr Macdonald
Mr Manson
Mr Obeid
Mrs Symonds
Mr Vaughan
Mrs Walker
Tellers,
Ms Burnswoods
Mr O'Grady
Noes, 17
Mr Bull
Mrs Chadwick
Mrs Forsythe
Miss Gardiner
Mr Gay
Dr Goldsmith
Mr Hannaford
Mr Moppett
Mr Mutch
Revd F. J. Nile
Mr Ryan
Mr Samios
Mrs Sham-Ho
Mr Rowland Smith
Mr Webster
Tellers,
Mrs Nile
Dr Pezzutti
Pairs
Mr Coleman
Mr Jobling
Mr Pickering
Mrs Arena
Mr Egan
Mr Shaw
Question so resolved in the negative.
Amendment negatived.
The Hon. ELISABETH KIRKBY [11.2]: I move:
Page 11, clause 20. From paragraph (a), omit "2", insert instead "14".
This paragraph will allow the owner to give two days' notice of termination of the agreement when the rent is seven days in arrears. I understand the problem that owners will have when rent falls in arrears, but I believe this provision is unduly harsh. As was pointed out earlier in the debate, most pensioners work on a system of receiving their cheque and paying rent on the same day. It is not unusual for payment of benefits through the bank computer system to be delayed. Pension day is Thursday. If there is
Page 5232
any delay in the government payment appearing in the bank statement, the pensioner may not be able to pay rent until the following week. That could also apply to some students trying to exist on an Austudy allowance. If that payment is delayed, they would not be in a position to pay rent. This is a common situation. I believe the landlord would be covered if the period of notice were extended from two days to two weeks. Though I realise from the Minister's previous reply that he cannot see the need for it, this provision would bring boarders and lodgers into line with tenants under the Residential Tenancies Act. I am not suggesting that the whole of the Residential Tenancies Act should apply to boarders and lodgers, but when a tenant is given notice to quit when his rent is in arrears or he has received notice of an increase in the rent, it is suitable that the Residential Tenancies Act should apply. Again I commend my amendment to honourable members.
The Hon. R. D. DYER [11.4]: The Opposition agrees that the two-day notice provision appearing in clause 20 is unduly harsh. For that reason, and the reasons mentioned by the Hon. Elisabeth Kirkby, the Opposition supports the amendment.
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [11.5]: A boarder or lodger can be given two days' notice to vacate if he is in arrears of rent for more than seven days. The amendment suggests that a resident be given 14 days' notice in those circumstances. A person would be at least 21 days in arrears before anything could be done by the owner if the amendment were to be adopted. In the Government's view that would not be reasonable. Under the legislation, an owner will be permitted to charge a bond of seven days' rent only. An owner must be able to deal with rent arrears quickly. If an owner was able to have a bond for seven days but could not act for 21 days, the Government would not regard that as reasonable. Some boarding-house owners already give residents more time to pay rent. If a delay has occurred in a pension cheque arriving or there is an illness, that is a matter for the individual parties to negotiate. In the legislative framework the Government believes there has to be a reasonable relationship between the amount of bond that can be held and the time that should be available in order to achieve a termination of an accommodation agreement.
The Hon. ELISABETH KIRKBY [11.6]: I am well aware that there are bad tenants, bad boarders and bad lodgers, but equally there are bad landlords. The Minister has just painted a picture of a reasonable landlord who in the case I mentioned or in the case of an illness would behave in a reasonable and compassionate manner. However, people who do not have the luxury of a reasonable and compassionate landlord must be looked after. Under the bill as it stands, they would be compelled to leave their accommodation two days after their rent was only seven days in arrears. Once again I ask the Minister where he thinks these people will be able to go? They will not get their bond back; they will start off with nothing, already in debt and with nowhere to go. Honourable members ought to consider their plight because unless they do, because of the recession and the rising rate of unemployment, the pressure on agencies as well as on government to provide crisis accommodation will become overwhelming. That is why I introduced the amendment and why I am still fighting for it.
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [11.8]: The effect of the proposal of the honourable member is that a person in arrears for seven days should have a further 14 days before any action can be taken. She is advocating a 21-day rent subsidy or rent-free period. The Government does not believe that if a landlord is able to take a bond only for a seven-day period such a subsidy should be provided.
Page 5233
Reverend the Hon. F. J. NILE [11.9]: I support what the Minister has just said. If a person is in arrears, he can expect to be in trouble with the landlord. He knows he is in trouble. The tenant has to pay rent to keep the system going. Under the system advocated by the Hon. Elisabeth Kirkby, after 21 days a tenant could move to other accommodation. People are already doing that, owing large sums of money to people all over Sydney who provide accommodation. That is happening right now. The tenants just keep moving.
The Hon. Dr MARLENE GOLDSMITH [11.9]: I am concerned about this amendment. Honourable members are not talking about public housing but about people who own private accommodation. If the owners of boarding-houses and lodging-houses are compelled to become charities - which is what honourable members are talking about - and carry people rent free, they will either increase the rent and make everyone pay more or they will be driven out of the market and there will be far less housing for needy people, let alone cheap housing for needy people.
The Hon. ELISABETH KIRKBY [11.10]: Many people in the scenario I outlined are not of the type described by Reverend the Hon. F. J. Nile who move from one area of accommodation to another leaving a trail of debts behind them. I was referring to people such as pensioners or people on welfare benefits who through no fault of their own may not receive their pension cheques by the date on which they have to pay rent. Reverend the Hon. F. J. Nile has said they will have to pay the rent. If one looks at the cost of accommodation and realises the small amount that is left from any welfare benefit such people might receive, where does the Government believe they will be accommodated? People are already living on the streets of Sydney. Does the Government want to increase that number?
It has been suggested that the amendment involves a welfare subsidy and the Government cannot agree to that. The more people are evicted, the more rents will increase and the more necessity there will be for the Government to pay welfare subsidies to provide crisis accommodation. I hope the day has long passed when people are forced to live on the streets. I know that people are living on the streets of London, New York, Los Angeles and many other major American cities. Honourable members know perfectly well that children live on the streets of Kings Cross and other areas of Sydney. We should not be legislating to increase the number of people living on the streets merely to protect landlords to the extent they are protected by this legislation.
The Hon. R. D. DYER [11.12]: The statement made by Reverend the Hon. F. J. Nile regarding the obligation to pay rent was excessively simplistic. Tenants certainly have an obligation to pay rent as and when it falls due. However, the reality is that people on welfare payments such as pensioners or people in receipt of workers' compensation may find that the payment of a particular benefit is late for reasons over which they had no control. Sometimes it is the fault of the mail. Sometimes it is the fault of a computer in the particular agency making the payment. Sometimes it is the fault of the workers' compensation insurer. People in receipt of such benefits live from hand to mouth, so to speak, and if their periodic payments do not arrive promptly they are immediately put into the embarrassing position of being unable to pay rent.
Given that we are dealing with people who resort to this type of accommodation because of their lack of means, it is not unreasonable to give them the additional time proposed in the amendment moved by the Hon. Elisabeth Kirkby to pay their rent without facing eviction. It seems to the Opposition that some cases are certainly genuine and it is not sufficient for Reverend the Hon. F. J. Nile to refer to people who are virtually fly
Page 5234
by nighters. He did not use that expression but referred to people who move from address to address without paying their rent. Honest, decent people are also without substantial means and need additional time beyond the limited period of two days referred to in the bill to pay their rent.
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [11.14]: It is interesting that the Hon. Elisabeth Kirkby should refer to accommodation problems in New York and London. Rather than merely refer to them, she should have spoken about what is actually happening in those cities. Housing problems in those cities result from overstringent legislative provisions which impose unusual controls on private landlords. In cities which have rent control, as do the cities referred to by the Hon. Elisabeth Kirkby, private landlords are given no incentive because of inappropriate regulation of the private sector. As soon as inappropriate controls are imposed, the private sector moves out of the market. The argument advanced by the Hon. Elisabeth Kirkby is self-defeating. To illustrate their argument the Hon. R. D. Dyer and the Hon. Elisabeth Kirkby referred to both a cheque being delayed in the mail or an electronic payment having been incorrectly made. They overlooked the fact that the legislation provides that the rent must be seven days in arrears after which two days' notice is given. If the rent is paid at any time in those nine days, the notice does not apply. The tenant therefore has nine days in which to correct the problems to which the honourable members have adverted. The protection provided in the legislation is then revived.
The Hon. ELISABETH KIRKBY [11.16]: A few moments ago the Minister claimed that the problems in Great Britain were caused by overstringent regulation. I quoted previously from a book which I, together with other honourable members, purchased for the Parliamentary Library. Much of the legislation passed in Great Britain was enacted during the term of office of the Conservative Government under Mrs Thatcher. It was passed after appalling circumstances had been revealed in Great Britain. Between 1974 and 1986 many guest houses and boarding-houses in England were grossly overcrowded. In one such establishment in Stepney, the overcrowding was desperate. It was designed to house 90 people but held anything from 200 to 500. In 1980 a fire occurred and 40 firemen were needed to fight the blaze. In 1981 it was found that this place was again overcrowded. It was totally unsuitable for habitation. The toilets were filthy and some were not working. The first-floor bathroom was covered with raw sewage. In 1982 the East London Advertiser was told that a man, his wife and three children lived in a room 11 feet by 16 feet for £69 per week. That is the reason why that sort of legislation was introduced in Great Britain. If such legislation forced those sorts of landlords out of the accommodation market, it was proper legislation because such landlords should be forced out of the market.
Many similar cases dating up to 1986 are documented in this book. There have been many fires, and in 1982, 279 people died in fires that occurred in private hotels, cheap lodging-houses and boarding-houses. That is why stringent regulations were introduced in Great Britain. The same stringent fire regulations have not yet been introduced in New South Wales. I remind honourable members of the fire in the backpackers hostel at Kings Cross. I have repeatedly brought to the attention of the Minister the problems being experienced in Kings Cross because of grossly overcrowded backpackers hostels. We know that the inquest into the backpackers hostel fire found that many of the so-called fire escapes were simply not operative. Not all accommodation is substandard but some is. Therefore it is proper to have stringent regulations. We certainly do not want the type of situation that developed in Great Britain during the 1980s. It has been well documented. I do not believe that stringent regulations are what drive out of business respectable, honest businessmen wanting to run a boarding-house, a lodging-house, a motel or a hotel.
Page 5235
The Hon. J. F. RYAN [11.21]: The Hon. Elisabeth Kirkby talked about landlords who are irresponsible. It needs to be understood that the bulk of landlords want to keep their premises tenanted and they will not take actions unnecessarily to remove a tenant who has a problem with an electronic payment or a pension payment arriving a little late. The likelihood is that action will be taken only if the tenant has demonstrated a habit of failing to keep rent up to date and needing continuous supervision. I suspect that landlords want to have available to them at an appropriate time a regime of action, when they have decided they have had enough of dealing with a tenant who has to be supervised so closely to keep up to date with his or her rent, and they are facing the prospect of the tenant leaving them in the lurch without payments being brought up to date. They want to be able to take action in time. The bond allows them to do so without being out of pocket at the end. As has been reasonably said, if landlords do not have an opportunity to do this when it is required, they will get out of the market altogether and there will not be accommodation. The bulk of landlords are responsible not so much because they are idealistic but because it is good business. They want to keep their properties tenanted for as long as possible. If a tenant says that his payment will be a couple of days late, the landlord will not take action. It is spurious to argue that he would. Very few landlords would act in such circumstances. I suspect that any landlord who did act in that way would be revealed very quickly in the tabloid press.
The Hon. R. D. DYER [11.23]: I regret to delay the Committee even one second at this late stage but the Hon. J. F. Ryan is adopting an idealistic view of this area. We are not talking about tenants; we are referring to boarders and lodgers. It is a very rough and ready area. As was said in Committee earlier, people are thrown out with their bags on to the street at 2 o'clock in the morning. Admittedly, some regulation is at last being brought into the area. But none of us should run away with the idea that this is an area in which everything is fair and above board and in which people deal reasonably with each other. That is very far from being the case. The Opposition is delighted that the area is being regulated. It is always possible to do somewhat better and that is what the Hon. Elisabeth Kirkby is trying to do with the Opposition's support.
Question - That the amendment be agreed to - put.
The Committee divided.
Ayes, 15
Dr Burgmann
Ms Burnswoods
Mr Enderbury
Mrs Isaksen
Mr Johnson
Mr Kaldis
Miss Kirkby
Mr Macdonald
Mr Manson
Mr O'Grady
Mrs Symonds
Mr Vaughan
Mrs Walker
Tellers,
Mrs Kite
Mr Obeid
Noes, 17
Mr Bull
Mrs Chadwick
Mrs Evans
Mrs Forsythe
Miss Gardiner
Mr Gay
Dr Goldsmith
Mr Hannaford
Mr Moppett
Mr Mutch
Mrs Nile
Dr Pezzutti
Mrs Sham-Ho
Mr Rowland Smith
Mr Webster
Tellers,
Revd F. J. Nile
Mr Ryan
Page 5236
Pairs
Mr Coleman
Mr Jobling
Mr Pickering
Mr Samios
Mrs Arena
Mr Dyer
Mr Egan
Mr Shaw
Question so resolved in the negative.
Amendment negatived.
The Hon. ELISABETH KIRKBY [11.30]: I move:
Page 11, clause 20. From paragraph (b), omit "7", insert instead "30".
The bill provides for only seven days' notice to quit after a fixed-term agreement has ended. As I have said before, the Residential Tenancies Act allows 60 days' notice to quit. I consider it reasonable to allow a fixed-term boarder or lodger, who is obviously not a transient visitor, at least 30 days' notice that the agreement will not be renewed. This legislation as it stands will mean that the person concerned will be given only seven days' notice to quit, which will not give that person sufficient time to find alternative low-cost accommodation. If tenants cannot find suitable low-cost accommodation they will be forced against their will to go to one of the major crisis agencies such as the Society of St Vincent de Paul, the Salvation Army, the Smith Family, or other agencies in the community that assist people in times of need. Crisis accommodation services are already grossly overloaded. I am not speaking about people who have not paid their rent, or the people Reverend the Hon. F. J. Nile spoke about, those people who move from one type of accommodation to another and leave a trail of debt behind them. I am talking about perfectly reasonable people who may wish to have another fixed-term agreement, but the landlord, for whatever reason, does not wish it. I agree that landlords are entitled not to renew agreements if they do not suit them but it is necessary for people who may have paid their rent regularly and have been model tenants to be allowed a longer period of time than seven days in which to find alternative low-cost accommodation. It is for that reason that I move the amendment.
The Hon. R. D. DYER [11.33]: The Opposition supports the amendment. It is fair to say that there is undue disparity between the period of seven days' notice to quit proposed in the bill and the period permitted under the Residential Tenancies Act of 60 days' notice to quit. Having regard to the differences between the two forms of tenure, I appreciate that the period of notice under this legislation should not necessarily be in a state of parity with that required under the Residential Tenancies Act, but to say that it should be only a period of seven days' notice is in my view unduly short, and it is not unreasonable - indeed it is proper and appropriate - for a period of 30 days' notice, being exactly one-half of the period of notice required under the Residential Tenancies Act, to be provided for in this legislation.
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [11.35]: The legislation proposes to allow for seven days' notice to vacate to be given by both the owner and the resident if any fixed period has expired. The amendment proposes that the period be extended to 30 days. At present there is no requirement for any notice period at all to be given. The proposed seven days' notice is a minimum period of notice. More notice can be given if either party wishes. Short-term boarders and lodgers will be accustomed to a fairly mobile lifestyle and will have at least one week
Page 5237
to look for alternative accommodation. An owner is not likely to want to lose a long-term resident, but if it becomes necessary to end the relationship, seven days' notice to quit is only the bottom line. The owner can give such notice as he wishes under the legislation.
The Hon. ELISABETH KIRKBY [11.35]: I fail to understand the thrust of the Minister's argument. Extending the period of notice to quit from seven days to 30 days will not disadvantage the landlord. We are dealing with people who have been reasonable tenants and who have been paying their rent regularly. If they paid their rent for perhaps months or years there is no reason for the landlord to believe that they will not continue to pay their rent for a further 30 days. Therefore, the landlord would not be out of pocket. I must emphasise that it is not possible to find reasonable low-cost accommodation within a seven-day period. If the Minister is not convinced by my arguments I suggest, particularly as he is also the Minister for Family and Community Services, that he consult with some of the leading agencies such as St Vincent de Paul, the Smith Family, the Sydney City Mission, the Salvation Army and the other providers of crisis accommodation. Those organisations are turning away people who need low-cost accommodation. They know the needs of the market and if it were possible to obtain low-cost accommodation easily, those organisations would not be so overloaded. If there was an oversupply of low-cost accommodation or even a reasonable supply of low-cost accommodation, then seven days' notice to quit would be adequate. However, that is not the case and that is why I suggest that 30 days' notice to quit would be fairer, and it certainly could not be said to disadvantage the landlord in any way.
Amendment negatived.
The Hon. ELISABETH KIRKBY [11.38]: I move:
Page 12, clause 21. From subclause (2), omit ", with or without notice, terminate the boarding agreement or lodging agreement and take possession of the room to which it relates", insert instead "apply to the Tribunal for an order terminating the agreement".
This amendment is designed to prevent eviction without application to the Residential Tenancies Tribunal for an order. It is the most important amendment of all my amendments to this bill. As it stands, clause 21 gives the owner the power summarily to evict a boarder or a lodger without notice, which conflicts with the intention of notice provisions in the bill and reinforces the current unregulated situation to which I have referred previously. This clause institutionalises the practice of arbitrary eviction - the most serious flaw in the bill. A few moments ago the Minister said that the objective of the legislation was to give some protection to boarders and lodgers. This clause negates any protections given by the legislation to boarders and lodgers. It provides that an owner may, with or without notice, terminate a boarding or lodging agreement and take possession of the room occupied by a boarder or lodger. If this clause is not amended, the legislation will be completely irrelevant. If an owner has an unsatisfactory tenant who is behaving in a disruptive and anti-social way, upsetting other tenants and making the premises an unpleasant place in which to live, that owner should have access to the Residential Tenancies Tribunal to seek an order of eviction.
I am perfectly willing to concede that some boarders and lodgers may be regarded as unsatisfactory; that they would be a nuisance to other occupants and make the lives of others extremely uncomfortable. Surely if the landlord were in any way reasonable, he or she would have warned tenants that if their behaviour continued to be unsatisfactory, they would be asked to leave. I refer to tenants who could be regarded
Page 5238
as repeat offenders. The additional few days taken up by the landlord applying for an eviction order to the tribunal would not substantially alter the circumstances of other occupants of the premises. It is completely wrong that there should be provision for eviction without notice, without any opportunity to appeal. I cannot support such a concept.
The Hon. R. D. DYER [11.42]: The Opposition supports the amendment moved by the Hon. Elisabeth Kirkby. A degree of safety and regularity would be inserted into the legislation if the Residential Tenancies Tribunal were the arbiter of whether an order to terminate an agreement should be made. The Opposition is not enthused by the arbitrary eviction of a boarder or lodger by a landlord. It is appropriate that an impartial body should make such decisions. The amendment has been properly put to the Committee by the honourable member.
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [11.43]: Clause 21(2) is the only provision within the legislation that allows for the termination of an agreement without notice. That will take place only when serious damage is occasioned to premises. The legislation allows an owner to take immediate possession from a boarder or lodger who has caused damage to property, has been violent, or has caused injury to the owner, other residents or neighbours. The amendment proposes that in such circumstances the owner may apply to the Residential Tenancies Tribunal for an order to terminate the agreement. The amendment fails to recognise the close community nature of boarding-house life. To suggest that the only resort an owner has to terminate an agreement is by application to the tribunal ignores the communal nature of such occupancies. In extreme circumstances an owner must be able to take control of the situation for the benefit of all of his or her residents, and possibly his or her family. The Hon. R. D. Dyer expressed concern about the lack of protection for boarders and lodgers. There is sufficient protection in the legislation to deter owners from abusing the provision. When breaches of the Act occur, proceedings may be taken against an owner. The legislation provides for a penalty of $5,000 should an owner evict a boarder or lodger for reasons other than in accordance with allowable circumstances. In addition, the court may order the payment of compensation. There is no limit to the amount of compensation that may be ordered. It is the deliberate intent of the legislation to keep the majority of boarder and lodger disputes out of the Residential Tenancies Tribunal.
The differences between ordinary tenancies and the communal nature of boarding-house life must be recognised. With some qualification an owner of a boarding-house or a lodging-house must be able to operate the business free from unnecessary intrusion and to have reasonable control. The point was made many times at discussion forums that no owner wants to cut off his or her source of income by removing residents without reason. If a person is evicted for reasons other than what are determined to be allowable circumstances, the legislation provides for penalties and adequate compensation and protection for the evicted person.
The Hon. ELISABETH KIRKBY [11.46]: The protections and compensation provided by the legislation will be available only to those who know their rights and have legal representation in a court of law. Even if the evicted tenant knows that he or she has access to the Tenancy Commissioner and that the Tenancy Commissioner will undertake the advocacy of the case, problems will still arise with regard to the rights of boarders and lodgers. Earlier the Minister said that evictions without notice were intended to apply to the type of tenant who was causing physical damage to premises or was violent towards or caused injury to the owner, other residents or neighbours. If a
Page 5239
person is violent and aggressive towards another individual, other remedies are available. For example, the proprietor or individual to whom violence is occasioned may call for assistance from police. The person behaving in the aggressive manner would then be dealt with by the police. Similarly, if a person physically damages premises owned by another, the police can deal with the matter.
The Hon. R. D. Dyer: That is the offence of malicious damage to property.
The Hon. ELISABETH KIRKBY: Yes, and police can deal with such offences. Obviously no person would tolerate continued disruptive and anti-social behaviour. This clause is not intended to cover such a situation; it is covered by other legislation. The proposed clause may permit an unscrupulous landlord to evict without notice or reason. The clause will perpetuate what is happening now. Surely that is the last thing the Government wants when its stated intention is to give further protection to boarders and lodgers. Once again, I must insist on the proposed amendment.
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [11.52]: The two issues raised by the Hon. Elisabeth Kirkby in relation to the proposed amendment, as with the previous amendment, and her statement that other remedies are available again reveal her failure to recognise that boarding and lodging is a communal type of living and that owners of such accommodation have an obligation to preserve the communal nature of boarding-houses. First, an owner may find that all tenants, except the person causing the problem, must leave for their own protection. That suggestion ignores the reality of these types of facilities. Second, the tenancy service will be able to tell people about their rights. The tenancy commissioner will be able to prosecute at no cost to the person involved, and the right to institute action will survive for three years. At any time within that three-year period a person who wishes to pursue his or her rights will be able to do so. The fact that the penalties are so potentially severe is enough to inhibit improper action by a property owner.
Question - That the amendment be agreed to - put.
The Committee divided.
Ayes, 16
Ms Burnswoods
Mr Dyer
Mr Enderbury
Mrs Isaksen
Mr Johnson
Mr Kaldis
Miss Kirkby
Mrs Kite
Mr Macdonald
Mr Obeid
Mr O'Grady
Mrs Symonds
Mr Vaughan
Mrs Walker
Tellers,
Mr Burgmann
Mr Manson
Noes, 17
Mr Bull
Mrs Chadwick
Mrs Forsythe
Mr Gay
Dr Goldsmith
Mr Hannaford
Mr Moppett
Mr Mutch
Mrs Nile
Revd F. J. Nile
Dr Pezzutti
Mr Ryan
Mrs Sham-Ho
Mr Rowland Smith
Mr Webster
Tellers,
Mr Coleman
Miss Gardiner
Page 5240Pairs
Mr Jobling
Mr Pickering
Mr Samios
Mrs Arena
Mr Egan
Mr Shaw
Question so resolved in the negative.
Amendment negatived.
Progress reported and leave granted to sit again.
BILL RETURNED
The following bill was returned from the Legislative Assembly without amendment:
Constitution (Legislative Council) Further Amendment Bill (No. 2)
ADJOURNMENT
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [11.59]: I move:
That this House do now adjourn.
DRUG-INDUCED VIOLENCE
The Hon. Dr MARLENE GOLDSMITH [11.59]: The Arms and Militaria Collectors Association of New South Wales has brought to my attention an issue of great concern to that association. It has to do with the use of benzodiazepams and tricyclic anti-depressants and their possible connection with certain acts of random, motiveless violence in the community. In its submission to me the Arms and Militaria Collectors' Association referred to a number of mass killings and mass attacks and linked those attacks with such drugs. The association listed a number of attacks, including the Queen Street massacre in Victoria, and asserted that Vitkovic, the offender, was under psychiatric treatment at Melbourne University with a drug called Ativan. With relation to the Surry Hills event, the association stated that the outrage was committed by a known psychiatric patient who was being treated with Sinequan and Valium and had previously been treated with other mind-altering drugs. Sinequan is a tricyclic anti-depressant. Tricyclics have been identified in overseas research as having unwanted effects, including increasing demanding behaviour and assaultive acts. In the Newcastle event in January last, where a man ran amok with a rifle, evidence was given that he was a who was taking medication.
The association brought these matters to my attention because it believes there is a serious issue of violence in the community that needs to be dealt with. Though I have yet to establish the facts of this case, I am glad to take it up on the association's behalf and will pursue it further. I am reliably informed by my colleague the Hon. Dr B. P. V. Pezzutti that many psychiatric patients need medication and that it is when they go off medication that they may be more likely to commit acts of violence. I am hesitant
Page 5241
to draw absolute conclusions from this information at this stage, but I shall pursue the matter on behalf of the Arms and Militaria Collectors Association of New South Wales.
MEALS ON WHEELS
The Hon. D. F. MOPPETT [12.2 a.m.]: I draw the attention of the House to the difficulties being experienced by organisations under the umbrella of the Meals on Wheels organisation as a result of the difficult economic times being experienced. I think all honourable members would agree on the wonderful contribution that Meals on Wheels has made since its inception to the welfare of the citizens of New South Wales who receive the meals and for whom nutrition is an important part. Meals on Wheels provides social contact and also engenders peace of mind in friends and relations who may be living remote from the individuals who receive the service but know they are receiving at least one proper meal a day. The financial support that the Government provides to the service is 90c per meal provided. In many cases that is adequate because the meals are provided from hospital kitchens. The hospitals agree to provide the meal at a cost of 90c, which is met by the subsidy they receive. On average across the service the meal probably costs more like $1.90 or $2. In areas where the meals are not procured from a hospital the difference has to be raised by voluntary workers.
The scheme is funded jointly by the Commonwealth and the State. The joint Commonwealth-State committee proposed that the amount of $1.80 ought to be recognised and become the subject of the subsidy, but that proposition has been rejected by the Commonwealth Minister, Mr Staples. Subsequently he agreed to move towards a figure of $1.10. I think that is extremely parsimonious in the present circumstances, particularly for those organisations that have to make up the difference. One commendable side to it is that it has enabled the organisations that are willing to make up the difference to negotiate with hospitals and work out their own arrangements to negotiate for a meal that is more appropriate to their clients than would be available from a hospital where the dietitian has worked out a meal that is suitable for people within the hospital environment. Meals on Wheels are designed for people who want to maintain their independence, and that needs to be greatly encouraged. It is marvellous that old people remain active members of the community in their own homes receiving nutritional meals and supported by the important contact they have with the Meals on Wheels people. The Lightning Ridge Meals on Wheels group is remote from a hospital. In these difficult times they are undergoing a strain to meet the difference in cost. I urge honourable members to make contact with the Meals on Wheels organisation in their local area to ascertain its position and to do what they can to urge the Commonwealth Government to reconsider the level of subsidy available so that meals can be provided without fear or favour to all those who need the wonderful service of Meals on Wheels.
BEGA SCHOOL THERAPY SERVICES
The Hon. P. F. O'GRADY [12.7 a.m.]: Again I raise the issue of school therapy services for children at Bega primary school. I have received a disturbing letter from a parent of a severely disabled child who requires therapy services. It was with concern that last year I raised the issue of why the budget allocation, which included funding for school therapy services, was not transferred to the then Department of Family and Community Services when disability services were moved out of the Department of Health and into that department. The raising of this issue resulted in the Department of Family and Community Services announcing in October 1990 that school therapy services would be made available to the children at Bega Public School. However, these children are again missing out on vital services. I shall read for the information of honourable
Page 5242
members a letter from Betsy Hilton, President of Parents for Special Education. She said that in announcing that the service would be granted to the children the Department of Family and Community Services stated also that "we would receive back money - for money misspent under the South-East Health Department". Mrs Hilton wrote:
The FACS office in Bega then informed us of the details regarding the implementation of these therapy services.
Therapists would be employed under a new contract system, where they would see the children under a "needs scheme" and they would be paid hourly. With the rest, they would employ a full-time therapy aide person who would work under the guidance of the therapists. This was to be a "pilot scheme" to overcome the shortage of therapists in the State, but to address the need of school therapy - through the aide position.
"Sounds great!" Sure did. Until a freeze was placed on new appointments . . .
The therapists, a physiotherapist and an occupational therapist did not begin employment in mid-July this year. They were to be employed as private therapists, who would bill the department for their services. However, it took until September for these two people to receive their first payments.
The occupational therapist, along with a personal reason, could not carry the cost of not being paid and actually resigned before being paid.
The physiotherapist was able to carry her costs - that is, travelling, and child care by the means of an overdraft. She was also paid in September, but still has payment for some services outstanding. Her dedication and love for our children are the only reasons she did not resign.
The therapy-aide position and now the occupational therapist's position cannot be advertised or filled until the Minister lifts the freeze on new appointments.
The letter continues:
. . . the last point I would like to raise is that our local member, Mr Russell Smith, used school therapy as part of his election campaign. On his letter-box leaflet, he informed the electorate of about five major gains in his electorate - one of these was $80,000 for school therapy services. He didn't even make this gain. It was the parents of the children who did all the hard work and had to live with the stress of such a campaign.
The way this Government treats our handicapped children is shameful. Please help us help our kids.
This is just one letter of despair. It is frightening to think that all over the State the same thing is happening. I ask the Minister for Health and Community Services, who is at the table tonight, to take on board the issues which have been raised. I was in Bega a couple of weeks ago and saw the dedication and work of these parents for their children. Given the amount of money that governments spend, particularly on consultancies, raceways and such things, I implore the Minister to look at the Budget to see if some assistance can be given so that this problem can be overcome.
MARRICKVILLE YOUTH REFUGE
The Hon. ELISABETH KIRKBY [12.11 a.m.]: I bring to the attention of the House the problems of St George Accommodation for Youth. I received a letter in these terms:
We write to you as a community based housing service extremely concerned about the events taking place at Young Peoples Refuge, Marrickville. As you are no doubt aware, S.A.A.P. funded services, such as YPR, are in crisis. This is a direct result of the State Government's refusal
Page 5243
to increase funding to meet the payment of the new Social and Community Services Employees (State) Award.
The State Government and the Department of Community Services has to date, failed to seriously negotiate with Young Peoples Refuge, the ASWU or the Youth Accommodation Association.
Young Peoples Refuge notified the Department of Community Services that it remains unwilling and unable to acquiesce to demands to restructure within the current budget.
The Department of Community Services requested that YPR and staff confirm its willingness to vacate their premises by midnight on the 11th of November. They also wrote that an alternate auspice would be available for hand over of the premises on that date.
Two public meetings sponsored by the ASWU and members of the YAA were held on the 11-11-91 and 18-11-91. From these meetings it was unanimously decided to support YPR in not meeting departmental demands to vacate the premises in Marrickville. It was decided from that meeting to give notice to any new auspicing body for YPR or any other threatened service, that they will be black banned by services. This in effect means that our service will not take referrals nor give them.
We are concerned that the State Government's continued refusal to comprehensively fund youth services will force young people back into unsafe and unsupported environments. We are aware that the NSW Government has underspent by $4 million in supported accommodation in the Department of Community Services in the last financial year. We demand that the Government take urgent and appropriate responsibility for youth accommodation services in NSW.
As the Minister for Health and Community Services is in the House, I trust that he will take this request, plea or even demand on board and see what can be done. It is quite obvious that the services will be needed more than ever, particularly when there will be a great number of school leavers in the next two weeks, a very large proportion of whom will not be able to gain jobs.
The Hon. J. P. HANNAFORD (Minister for Health and Community Services) [12.14 a.m.], in reply: I have always said in the House that it is dangerous to raise matters raised in correspondence without first checking them. Honourable members will be aware that on a number of occasions I have referred to the Young People's Refuge and its continued operation as a refuge. I have indicated consistently that, where a refuge is experiencing financial difficulties, it has to inquire about reorganising its activities within the terms of the award. I will make available departmental officers to assist in that reorganisation and only after that has been pursued will I be prepared to consider financial assistance. YPR has pursued a campaign aimed at seeking to ensure that governments automatically pick up the effect of the award. I am able to indicate to the House that YPR has now abandoned that campaign and has acceded to the approach that I have indicated I will always take - that is, when an organisation decides that it will look seriously at restructuring its organisation to operate within the terms of the award, I will consider providing financial assistance. Last week YPR looked seriously at restructuring. Officers of my department are now working with YPR to achieve that significant restructuring. As a consequence, I have provided YPR with significant additional funds, in the order of $37,000 plus, to enable it to operate until the middle of January, by which time the restructuring is expected to have been completed and the Young People's Refuge will be able to operate properly within the award.
Motion agreed to.
House adjourned at 12.16 a.m., Wednesday.
______
Page 5244 QUESTIONS UPON NOTICE
The following questions upon notice and answers were circulated in Questions and Answers:
MOTOR CYCLE RIDER FATALITIES
Mr Jones asked the Minister for Police and Emergency Services and Vice-President of the Executive Council representing the Minister for Transport -
(1) Have motorcycle rider deaths been falling steadily since 1986?
(2) Have the number of motorcycle registrations increased over the same period?
(3) Are these figures a result of improved rider training schemes?
(4) Will the Minister acknowledge the improved safety record of the motorcycling community and the minimal impact motorcycles have on damaging the roads by reducing motorcycle insurance fees?
(5) Will the Minister acknowledge the motorcycle and its role as a low polluting, efficient mode of personal transport and speed up traffic flow on the Harbour Bridge by abolishing the motorcycle toll?
Answer___
(1-3) Answered in Questions & Answers Paper No. 15.
(4) Motorcycle insurance fees are not a matter for the Minister for Roads. The Attorney General is responsible for Compulsory Third Party Insurance. Other forms of vehicle insurance are a matter for the private sector.
(5) No. The tolls on the Harbour Bridge are fully committed to the construction of the Sydney Harbour Tunnel.
BURRILL LAKE FISHING
Mr Jones asked the Minister for School Education and Youth Affairs representing the Minister for Natural Resources___
Will the Minister prohibit fishing at Burrill Lake by licensed fishermen from Friday night until Sunday night as the Burrill Lake community has asked?
Answer___
Action has been taken to close Burrill Lake to commercial mesh netting on weekends and public holidays between 6.00 a.m. to 6.00 p.m. The closure notice appeared in Government Gazette 142 on 11 October 1991.
This closure is consistent with that proposed for most south coast lakes.
Page 5245
HOUSIE-HOUSIE
Mr Vaughan asked the Minister for School Education and Youth Affairs representing the Chief Secretary and Minister for Administrative Services___
(1) How many housie licences are currently issued in New South Wales?
(2) How many housie games were inspected in the financial years 1988/89, 1989/90 and 1990/91?
(3) What are the names of the charities who ran housies during those years?
(4) Which charities, licensed to conduct housie games, were inspected more than once and how many times were they inspected during those years?
Answer___
(1) Under the Lotteries and Art Unions Act, "housie" may be conducted for three purposes - as a method of fundraising for charitable purposes, as a method of promoting the patronage of registered clubs and as a method for the promotion of trade or business.
A total of 682 permits to conduct "housie" are currently in force, excluding those housie permits issued for the promotion of trade or business. Statistics on this type of permit are not maintained.
(2) 60 "housie" games were inspected in 1988/89.
18 "housie" games were inspected in 1989/90.
21 "housie" games were inspected in 1990/91.
(3) Over 2000 "housie" permits were issued during those financial years, some of course, to the same charities for different periods. It would be an intensive and inappropriate use of administrative resources to cull the register and raise a new document to provide the names of the individual charities. If, however, the Honourable Member seeks information about particular charities, he should raise the matter with the Chief Secretary directly, who will have the necessary inquiries made.
(4) The only charity to be inspected more than once during those years was the Hunter Region Helicopter S.L.S.A., which was inspected twice in 1990/91.
POLICE-CITIZENS YOUTH CLUBS VEHICLES
Mr Vaughan asked the Minister for School Education and Youth Affairs representing the Chief Secretary and Minister for Administrative Services___
(1) How many of the Police Citizens' Youth Clubs' vehicles paid for by charitable monies are utilised by the Police service?
(2) What are the branches of the Police Citizens' Youth Clubs in New South Wales where charities' vehicles are used for police purposes?
(3) Under what conditions are each of these charitable branches' vehicles used?
(4) Are there any costs met by the Police service for the use of charitable vehicles of the Police Citizens' Youth Club movement?
Page 5246
Answer___
(1) This question should be referred to the Minister for Police and Emergency Services.
(2) This question should be referred to the Minister for Police and Emergency Services.
(3) On the basis of information available to the Charities Administration of the Chief Secretary's Department, it is understood that the "Permanent Instructions" of the Federation provide that Federation motor vehicles are to be used for official purposes only, unless the local Management Committee has otherwise allowed and such decision is recorded in the Minutes of the Committee.
(4) This question should be referred to the Minister for Police and Emergency Services.
POLICE-CITIZENS YOUTH CLUBS FUNDS USAGE
Mr Vaughan asked the Minister for School Education and Youth Affairs representing the Chief Secretary and Minister for Administrative Services___
(1) What Police Citizens' Youth Club funds are used to supplement police service?
(2) Are all funds raised by the Police Citizens Youth Club movement in New South Wales charitable funds?
(3) Are any of the funds used for community based policing?
(4) If so, is it a breach of the Charities Act?
(5) Have charities inspectors at any time conducted inquiries about the use of charitable funds by the Police Service?
(6) If not, why not?
Answer___
(1) There is no information available which suggests any of the funds of the Police Citizens Youth Club movement are being used to supplement the Police Service.
(2) The Police Citizens Youth Club movement in New South Wales is a registered charity within the meaning of the Charitable Collections Act 1934. All funds raised by the movement for its purposes are therefore charitable funds within the meaning of that Act.
(3) The principal object of the Federation is to implement community based policing programmes. There is no information available to suggest any of the funds of the Federation are not being applied in accordance with the objects of the Federation. If the Honourable Member has any information which suggests this is occurring, that information should be provided to the Chief Secretary so appropriate inquiries may be conducted.
(4) No.
(5) No.
(6) The Police Service is not a registered charity in New South Wales.
Page 5247
PORT MACQUARIE FORESTRY
Mr Jones asked the Minister for School Education and Youth Affairs representing the Minister for Natural Resources___
(1) What is the total size of the Port Macquarie Forestry Region, including State forest, private land, national parks and crown land?
(2) What is the estimated amount of old growth forest on:
(a) Land controlled by the Forestry Commission;
Answer___
The Minister for Natural Resources has advised me that the administration of forests is not a matter within his portfolio.
POLICE-CITIZENS YOUTH CLUBS FUNDS USAGE
Mr Vaughan asked the Minister for School Education and Youth Affairs representing the Chief Secretary and Minister for Administrative Services___
(1) Are charitable funds being used to meet Police travelling costs in regard to Police attached to the Federation of Police Citizen Youth Clubs?
(2) If so, in what instances has this occurred and who would have authorised such use of charitable funds?
(3) If funds have been used for travel purposes, are such funds also used by inspectors of the Charities Branch of the Chief Secretary's Department?
Answer___
(1) The travelling costs of Police attached to the Federation of Police Citizens Youth Clubs have, in the past, been met wholly or in part by the funds of the Federation.
(2) No information is available to enable an answer to be given as to the instances in which travelling costs have been met by the Federation. On the basis of information available to the Charities Administration of the Chief Secretary's Department, it is understood that the "Permanent Instructions: of the Federation provide that Federation motor vehicles are to be used for official purposes only, unless the local Management Committee has otherwise allowed and such decision is recorded in the Minutes of the Committee.
(3) No.
Page 5248
COAL EXPORTS
Mr Johnson asked the Minister for School Education and Youth Affairs representing the Minister for Natural Resources___
(1) In each of the last ten years what tonnage of coal was exported from each New South Wales port?
Answer___
The Minister for Natural Resources has advised me as follows:
NSW Coal Exports (million tonnes)
Year Newcastle Sydney Port Kembla Total
1981-82 12.72 3.36 6.20 22.28
1982-83 17.64 4.96 6.54 29.14
1983-84 20.46 4.63 8.33 33.42
1984-85 24.68 4.11 9.50 38.29
1985-86 26.21 4.77 8.10 39.08
1986-87 29.15 3.51 9.52 42.18
1987-88 30.10 2.53 11.15 43.78
1988-89 29.16 2.29 8.83 40.28
1989-90 30.20 2.83 9.73 42.76
1990-91 36.60 1.65 13.01 51.26
CLARENCE RIVER DIVERSION PROPOSAL
Mr Jones asked the Minister for School Education and Youth Affairs representing the Minister for Natural Resources___
(1) What has been the total cost of the Clarence Diversion Proposal studies undertaken to date and what is the proposed cost of any further studies?
(2) Is there a time period in which these studies are to be completed?
(3) If the Clarence Diversion Proposal proceeds, what will be the total cost to the taxpayers?
(4) What will be the benefits of this scheme?
(5) What is the anticipated life of the scheme?
(6) Have the problems of salination of soils, and sedimentation of the dam water been taken into account?
(7) What will be the impact of a diversion of the Clarence River on the existing fishing and cane industries?
Answer___
(1) The answer to the first part of the question is that recent investigations into coastal diversion proposals, at least over the last eight years, were undertaken by the Department of Water Resources (DWR) only as part of its continuing program to investigate new
Page 5249
water resources projects within the State. Investigations such as these are undertaken from within the DWR's normal annual budgets. Other than this, in the two years between 1988-90, amounts of $7,334 and $8,955 were paid to two consulting firms for specific studies directly related to the inland diversion proposal.
The answer to the second part of the question is that there are no further specific studies planned at this stage. Work which can be related, at least in part, to the inland diversion proposal will continue to be undertaken within the DWR as part of its normal work program.
(2) The second part of response (1) answers this question.
(3) Not known. This would be determined in detailed feasibility studies, including cost sharing with private sector and other governments.
(4) The precise benefits will be identified and quantified if the project moves into the detailed feasibility stage.
(5) This would be identified if the project moves into the detailed feasibility stage.
(6) These would be considered if the project moves into the detailed feasibility stage.
(7) This would be considered if the project moves into the detailed feasibility stage.
CHIEF EXECUTIVE SERVICE AND SENIOR EXECUTIVE SERVICE STAFFING
Mr O'Grady asked the Minister for Health and Community Services -
representing the Minister for the Environment -
representing the Minister for Housing -
representing the Minister for Health Services Management -
representing the Minister for Justice -
the Minister for Police and Emergency Services -
representing the Premier, Treasurer and Minister for Ethnic Affairs -
representing the Attorney General, Minister for Consumer Affairs and Minister for Arts -
representing the Minister for Transport -
representing the Minister for Industrial Relations and Minister for Further Education, Training and Employment -
the Minister for Planning and Minister for Energy -
representing the Deputy Premier, Minister for Public Works and Minister for Roads -
representing the Minister for Agriculture and Rural Affairs -
representing the Minister for Local Government and Minister for Cooperatives -
representing the Minister for Conservation and Land Management -
representing the Minister for Sport, Recreation and Racing and Minister Assisting the Premier -
the Minister for School Education and Youth Affairs -
representing the Minister for Natural Resources -
representing the Minister for State Development and Minister for Tourism -
representing the Chief Secretary and Minister for Administrative Services -
Page 5250
With respect to each organisation within your portfolio:
(a) How many Senior Executive Service positions are there;
(b) What is the designation of each;
(c) What is the current remuneration package applying to each?
Answer___
The following answer was given by the Minister for Health and Community Services on behalf of all Ministers -
(a) The number of Chief Executive Service and Senior Executive Service positions included or approved for inclusion under Sections 3A and 3B of the Public Sector Management Act 1988 in each Department or Authority at 30 October 1991 were as follows:
Department of Agriculture 23
Ministry for the Arts 22
Attorney General's Department 13
Auditor General's Office 23
The Broken Hill Water Board 1
Department Of Bush Fire Services 3
The Cabinet Office 10
Centennial Park Trust 1
Chief Secretary's Department 7
Commercial Services Group 21
Department of Community Services 20
Department of Conservation and Land Management 18
Department of Consumer Affairs 10
Department of Corrective Services 20
Department of Courts Administration 20
NSW Dairy Corporation 2
Darling Harbour Authority 3
Office of the Director of Public Prosecutions 10
Office of Education and Youth Affairs 19
Electricity Commission of NSW 102
Office of Energy 5
Ministry for the Environment 3
Ethnic Affairs Commission of NSW 2
NSW Fire Brigades 11
The Fish Marketing Authority 2
NSW Fisheries 2
Forestry Commission of NSW 11
Greyhound Racing Control Board 1
Harness Racing Authority of NSW 1
Department of Health 52
Area Health Services 59
Office of Health Policy 10
Home Care Service of NSW 3
Department of Housing 30
The Hunter Water Board 8
Page 5251
Department of Industrial Relations, Employment,
Training and Further Education 21
Land Titles Office 10
Legal Aid Commission of NSW 7
Department of Local Government and Co-operatives 5
Maritime Services Board of NSW 23
NSW Meat Industry Authority 1
Department of Mineral Resources 20
Motor Accidents Authority 5
National Parks And Wildlife Service 5
NSW Crime Commission 5
NSW State Lotteries 5
Office of the Ombudsman 3
Parliamentary Counsel's Office 11
Department of Planning 10
Premier's Department 28
Property Services Group 9
Public Trust Office 7
Public Works Department 77
Roads and Traffic Authority 83
Royal Botanic Gardens and Domain Trust 2
NSW Rural Assistance Authority 2
Department of School Education 204
Department of Sport, Recreation and Racing 7
State Authorities Superannuation Board 14
Department of State Development 20
State Electoral Office 1
State Emergency Services 3
State Pollution Control Commission 7
State Rail Authority 98
State Transit Authority 21
NSW Superannuation Office 5
Sydney Cove Redevelopment Authority 2
Sydney Electricity 34
The Sydney Market Authority 2
Technical and Further Education Commission 59
Totalizator Agency Board 12
Tourism Commission 4
Department of Transport 5
The Treasury 30
Valuer General's Department 3
Waste Management Authority of NSW 6
Water Board 71
Department of Water Resources 20
Workcover Authority 13
Zoological Parks Board of NSW 6
TOTAL 1534
There were also 69 similar positions in the NSW Police Service created under the Police Service Act 1990.
TOTAL NUMBER OF SES POSITIONS 1603
Page 5252
Page 5253
(b) With respect to each Department or Authority, the following list includes all Chief Executive Service and Senior Executive Service positions included or approved for inclusion in Schedules 3A and 3B of the Public Sector Management Act 1988.
DEPARTMENT OF AGRICULTURE LEVEL
Director General 6
Deputy Director General 5
Executive Director Regulatory 4
Executive Director Research Advisory & Education 4
Chief Division of Animal Health 3
Chief Division of Plant Industries 3
Executive Director Administration 3
Executive Director Policy Planning & Technology 3
General Manager AGSELL - Market Development Service 3
Chief Division of Agricultural Services 2
Chief Division of Animal Production 2
Director Biological & Chemical Research Institute 2
Director Elizabeth Macarthur Agricultural Institute 2
Chief Division of Administration 1
Chief Division of Rural & Resource Economics 1
Director of Communications 1
Director of Sustainable Agriculture & Fisheries 1
Director Sludge Application Program 1
Regional Director Central West, South East & Illawarra 1
Regional Director Murray & Riverina 1
Regional Director New England, Hunter & Metropolitan 1
Regional Director North Coast 1
Regional Director Orana & Far Western 1
MINISTRY FOR THE ARTS LEVEL
Director Museum Applied Arts & Sciences 4
Director of NSW Library Services & State Librarian 4
General Manager Sydney Opera House 4
Secretary 4
Director Art Gallery of NSW 3
Director Australian Museum 3
Assistant General Manager Sydney Opera House 2
Deputy Director Australian Museum 2
Deputy General Manager Sydney Opera House 2
Director Historic Houses Trust 2
Deputy Director Art Gallery of NSW 1
Assistant Director (Collections) Museum of Applied Arts & Sciences 1
Assistant Director (Communications) Museum of Applied Arts & Sciences 1
Assistant Director (Professional) Art Gallery of NSW 1
Assistant Director Services 1
Deputy Secretary 1
Director (Collections) State Library 1
Director (Information Services) State Library 1
Director (Public Libraries) State Library 1
Director Film & Television Office 1
Director Management Services,State Library of NSW 1
Principal Archivist Archives Authority of NSW 1
Page 5254
ATTORNEY GENERAL'S DEPARTMENT LEVEL
Crown Solicitor 6
Director-General 6
Deputy Crown Solicitor 4
Deputy Director General 4
Director Bureau of Crime Statistics & Research 4
President Anti-Discrimination Board 4
Assistant Crown Solicitor (Advisings & Constitutional Law) 3
Assistant Crown Solicitor (Civil Law) 2
Assistant Crown Solicitor (Property Commercial) 2
Assistant Crown Solicitor (Special Litigation & Prosecution) 2
Assistant Director Legislation & Policy Division 2
Executive Director Law Reform Commission 1
Principal Registrar of Births Deaths & Marriages 1
AUDITOR GENERAL'S OFFICE LEVEL
Auditor General 7
Deputy Auditor General 5
Assistant Auditor General (5 positions) 4
Director of Audit (9 positions) 2
Director Computer Services 1
Principal Auditor (6 positions) 1
THE BROKEN HILL WATER BOARD LEVEL
President 2
DEPARTMENT OF BUSH FIRE SERVICES LEVEL
Director General 3
Director Corporate Services 1
Director Operations 1
THE CABINET OFFICE LEVEL
Director General 7
Assistant Director General 5
Director Office of Strategic Planning 4
Director (2 positions) 3
Policy Manager Industrial Resources 2
Policy Manager Justice & Consumer Affairs 2
Policy Manager Legal 2
Policy Manager Natural Resources 2
Policy Manager Social Development 2
CENTENNIAL PARK TRUST LEVEL
Director Centennial Park Trust 1
CHIEF SECRETARY'S DEPARTMENT LEVEL
Secretary 5
Secretary Liquor Administration Board 3
Page 5255
Director Gaming & Charities 2
Assistant Director (Information & Technology) 1
Assistant Director (Investigations) 1
Director of Corporate Services & Charities Administration 1
Senior Advisor Policy & Development 1
COMMERCIAL SERVICES GROUP LEVEL
Managing Director 6
General Manager Commercial Services 5
Director Computer Services 4
Director Telecommunications 4
Director Government Supply 3
General Manager Group Finance & Corporate Services 3
Assistant Director Computer Services (2 positions) 2
Assistant Director General Purchasing & Supply 2
Director Government Cleaning Service 2
Assistant Director (Engineering) Telecommunications 1
Assistant Director Information Technology Purchasing 1
Assistant Director Telecommunications 1
Assistant Director Transport & Facilities Division 1
Director Government Information & Advertising 1
Director Government Motor Services 1
Director Government Printing Service 1
Director State Mail Service 1
Director Technical Repairs Services 1
Executive Director Strategic Policy 1
Site Manager Government Supply Office 1
DEPARTMENT OF COMMUNITY SERVICES LEVEL
Director General 7
Deputy Director General 6
Director Aged & Disability Services 4
Director Care & Protection 4
General Manager Metropolitan North Division 4
Director Management Services 3
Director Strategic Welfare Policy 3
General Manager Northern Division 3
General Manager Southern Division 3
General Manager Western Division 3
Assistant General Manager Southern 2
Assistant General Manager Metropolitan North 2
Assistant General Manager Northern 2
Director Finance & Property 2
Assistant General Manager Western 1
Chief Executive Officer Hunter Disability Service 1
Chief Executive Officer Southern Metropolitan Disability Service 1
Chief Executive Officer Western Sydney Disability Service 1
Director Office on Ageing 1
Director Disability Services Unit 1
DEPARTMENT OF CONSERVATION
AND LAND MANAGEMENT LEVEL
Director General 7
Page 5256
Commissioner of The Soil Conservation Service 6
Secretary of Lands 6
Deputy Commissioner 4
Surveyor General & Director Land Information Centre 4
Director Land Management Division 3
Director Regional Operations 3
General Manager State Land Information Systems Authority 3
Deputy Director Land Information Centre 2
Director Corporate Support Division 2
Executive Director Business Operations 2
Executive Director Corporate Services 2
Executive Director Planning & Development 2
Western Lands Commissioner 2
Assistant Director Policy & Planning 1
Assistant Director Regional Management 1
Assistant Director State Survey & Deputy Surveyor General 1
Director State Land Information Council Directorate 1
DEPARTMENT OF CONSUMER AFFAIRS LEVEL
Director & Commissioner for Consumer Affairs 5
Director Business Deregulation Unit 4
Director Operational Support 3
Senior Deputy Director Operational Support 3
Deputy Director Client Services 2
Deputy Director Compliance 2
Deputy Director Legal & Policy 2
Deputy Director Policy Co-ordination Unit 2
Deputy Director Registration & Licensing 2
Deputy Director Management 1
DEPARTMENT OF CORRECTIVE SERVICES LEVEL
Director General 6
Deputy Director General 5
Executive Director Community Corrections 4
Executive Director Prison Operations 4
Assistant Director General Services 3
Director of Security 3
Executive Director Corrective Services Industries 2
Executive Director Financial & Administrative Services 2
Executive Director Human Resources 2
Regional Director Prison Operations (3 Positions) 2
Executive Director Legal Services 1
Executive Director Strategic Services 1
Principal Corrective Services Academy 1
Regional Director Community Corrections (5 Positions) 1
DEPARTMENT OF COURTS ADMINISTRATION LEVEL
Director General 6
Deputy Director General (Court Operations) 4
Deputy Director General (Management Services) 4
Assistant Director (Finance) Management Division 3
Director Higher Courts & Support Services 3
Page 5257
Director Local Courts & Support Services 3
Assistant Director (Corporate Services) Management Division 2
Assistant Director (Information Technology Branch) Management Division 2
Assistant Director (Properties & Supply) Management Division 2
Chief Executive Officer & Principal Registrar Supreme Court 2
Sheriff 2
Assistant Director Legal & Policy Branch Court Services Division 1
Clerk of The Local Court Parramatta 1
Clerk of The Local Court, Newcastle 1
Clerk of The Local Court, Wollongong 1
Director Community Justice Centres 1
Director Reporting Services Branch 1
Registrar Compensation Court 1
Registrar District Court Civil Registry 1
Registrar District Court Criminal Registry 1
NEW SOUTH WALES DAIRY CORPORATION LEVEL
General Manager 4
Deputy General Manager 2
DARLING HARBOUR AUTHORITY LEVEL
General Manager 4
Manager Development 1
Manager Maintenance & Operational Services 1
OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS LEVEL
Senior Deputy Director Public Prosecutions 5
Deputy Director of Public Prosecutions 4
Solicitor for Public Prosecutions 3
Deputy Solicitor Legal 2
Deputy Solicitor Operations 2
Manager Corporate Services 2
Assistant Solicitor (Operations) (3 Positions) 1
Assistant Solicitor Legal 1
OFFICE OF EDUCATION AND YOUTH AFFAIRS LEVEL
Executive Director 5
President Board of Studies 5
Director Education & Community Consultation 3
Director Industrial Relations Unit 3
Director Policy & Planning 3
Director Property Policy Unit 3
General Manager Curriculum 3
General Manager Examinations & Assessment 3
Director Women's Co-ordination Unit 3
Director Finance & Administration 2
Manager Policy Planning & Communication 2
Director Media Relations 1
Executive Officer Office Of Youth Affairs 1
Manager Assessments & Systems 1
Manager Curriculum Development & Registration 1
Page 5258
Manager Policy Unit 1
Manager Program Evaluation Audit & Special Projects 1
Manager Resources & Economic Planning Unit 1
Manager Tertiary & Commonwealth Relations 1
ELECTRICITY COMMISSION OF NEW SOUTH WALES LEVEL
General Manager 8
Assistant General Manager Commercial 7
Director Corporate Planning 6
Director Engineering 6
Director Power Production 6
Director Power Supply & Operations 6
Secretary & Director of Administration 5
Manager Employee Relations 4
Manager Finance 4
Manager Marketing 4
Manager Power Plant Engineering 4
Manager Production Services 4
Manager Transmission Plant Engineering 4
Power Station Manager Bayswater 4
Power Station Manager Eraring 4
Power Station Manager Liddell 4
Power Station Manager Mount Piper 4
Power Station Manager Munmorah 4
Power Station Manager Vales Point 4
Power Station Manager Wallerawang 4
Regional Manager Central 4
Regional Manager North 4
Regional Manager South 4
Treasurer 4
General Manager ELCOM Services 3
Manager Colliery & Fuel Contracts 3
Manager Information Systems 3
Manager Materials Supply 3
Manager Operations Supply 3
Manager Project Services 3
Manager Scientific Services 3
Manager Strategic Planning 3
Manager Supply Planning 3
Manager Transmission Supply 3
Chief Economist 2
Construction Engineer Mount Piper 2
Engineer Power Station Construction 2
Engineering Manager Bayswater 2
Engineering Manager Eraring 2
Engineering Manager Liddell 2
Engineering Manager Munmorah 2
Engineering Manager Vales Point 2
Engineering Manager Wallerawang 2
Manager Administration 2
Manager Internal Audit 2
Manager Property & Survey 2
Manager Supplementary Maintenance Group 2
Payroll & Services Manager 2
Page 5259
Principal Employee Relations Officer 2
Principal Engineer Ash & Water Management 2
Principal Engineer Boiler & Fuel Systems 2
Principal Engineer Generation Projects 2
Principal Engineer Substations 2
Principal Engineer Turbines 2
Production Manager Bayswater 2
Production Manager Eraring 2
Production Manager Liddell 2
Production Manager Mount Piper 2
Production Manager Munmorah 2
Production Manager Vales Point 2
Production Manager Wallerawang 2
Solicitor to the Commission 2
Chief Metallurgist 1
Chief Occupational Physician 1
Contracts Formation Manager Material Supply 1
Deputy Regional Manager Metropolitan 1
Deputy Regional Manager Newcastle 1
Deputy Regional Manager Orange 1
Deputy Regional Manager Tamworth 1
Deputy Regional Manager Yass 1
Domestic Finance Manager 1
Engineer Power Station Training 1
Financial Accountant 1
Financial Planner 1
Inventory Control Manager 1
Management Accountant 1
Manager Applications 1
Manager Business Planning (Production) 1
Manager Community & Media Relations 1
Manager Demand Planning 1
Manager Energy Projects 1
Manager Energy Projects 1
Manager Environmental Services 1
Manager Field Operations 1
Manager Government Relations 1
Manager Major Accounts 1
Manager Marketing Co-ordination 1
Manager Marketing Projects 1
Manager Planning Integration 1
Manager Pricing 1
Manager Technology Centre 1
Payments Administration Manager 1
Principal Engineer Civil & Architectural 1
Principal Engineer Controls & Instrumentation 1
Principal Engineer Network Services 1
Principal Engineer Transmission Lines 1
Principal Engineer Transmission Projects 1
Production Control Engineer 1
Purchasing Manager 1
Resource Planning Engineer 1
Page 5260
Senior Employee Relations Officer 1
Supervising Chemist 1
OFFICE OF ENERGY LEVEL
Director 5
Director Electricity Distribution Division 3
Director Energy Resources & Policy Division 2
Director Gas Council 1
Manager Energy Technology Branch 1
MINISTRY FOR THE ENVIRONMENT LEVEL
Director General Environment Protection Authority 6
Director 5
Deputy Director 3
ETHNIC AFFAIRS COMMISSION OF NEW SOUTH WALES LEVEL
Chairman 4
Director Policy & Liaison 1
NEW SOUTH WALES FIRE BRIGADES LEVEL
Director General 5
Chief Officer 3
Director Corporate Services 2
Director Finance 2
Director Operational Support 2
Deputy Chief Officer (Executive) 1
Executive Officer Fire Services 1
Regional Commander North 1
Regional Commander North West 1
Regional Commander South 1
Regional Commander South West 1
THE FISH MARKETING AUTHORITY LEVEL
General Manager 3
Assistant General Manager 1
NEW SOUTH WALES FISHERIES LEVEL
Director of Fisheries 3
Director Fisheries Research 2
FORESTRY COMMISSION OF NEW SOUTH WALES LEVEL
Commissioner 6
Assistant Commissioner (2 Positions) 4
Chief Forest Operations Division 2
Chief Management Planning Division 2
Chief Marketing Division 2
Page 5261
Chief Wood Technology & Forest Research Division 2
Secretary Forestry Commission 2
Chief Administration Division 1
Chief Forest Inspector 1
Chief Lands Administration Division 1
GREYHOUND RACING CONTROL BOARD LEVEL
Secretary 1
HARNESS RACING AUTHORITY OF NEW SOUTH WALES LEVEL
General Manager 2
DEPARTMENT OF HEALTH LEVEL
Director General 8
Deputy Director General 7
Executive Director Public Health & Chief Health Officer 6
Executive Director Service Development & Planning 6
Chief Executive Officer Ambulance Service of NSW 5
Executive Director Finance & Administration 5
Regional Director Central Western Region 5
Regional Director New England Region 5
Regional Director North Coast Region 5
Regional Director Orana & Far West Region 5
Regional Director South Eastern Region 5
Regional Director South West Region 5
Deputy Chief Health Officer 4
Director Human Resources 4
Executive Director Information Systems 4
Chief Nursing Officer 3
Director Capital Works 3
Director Complaints Unit 3
Director Drug Offensive 3
Director Epidemiology 3
Director Finance & Budget 3
Associate Director Contracts & Performance 2
Associate Director Industrial Relations 2
Associate Director Organisation Development 2
Chief Dental Officer 2
Deputy Regional Director Central Western Region 2
Deputy Regional Director New England Region 2
Deputy Regional Director North Coast Region 2
Deputy Regional Director Orana & Far West Region 2
Deputy Regional Director South Eastern Region 2
Deputy Regional Director South West Region 2
Director Administration 2
Director AIDS 2
Director Analytical Laboratories 2
Director Application Services 2
Director Audit 2
Director Health Service Implementation 2
Page 5262
Director Mental Health 2
Director Prison Medical Service 2
Director Systems Technology 2
Associate Director Asset Management 1
Associate Director Budget 1
Associate Director Finance 1
Associate Director Project Development 1
Associate Director Technical Services 1
Deputy Director (Policy & Co-ordination) Drug Offensive 1
Deputy Director Prison Medical Service 1
Director Executive Support 1
Director Information Centre 1
Director Legal Branch 1
Director Oliver Latham Laboratory 1
Director Systems Planning & Review 1
AREA HEALTH SERVICES LEVEL
Chief Executive Officer Area Health Services (5 positions) 7
Chief Executive Officer Area Health Services (3 positions) 6
Chief Executive Officer Area Health Services (2 positions) 5
Deputy Chief Executive Officer Area Health Services (4 positions) 5
Deputy Chief Executive Officer (Clinical Services) Northern Sydney
Area Health Service 5
Deputy Chief Executive Officer Area Health Services (3 positions) 4
Deputy Chief Executive Officer (Management Services) Northern Sydney
Area Health Service 4
General Manager Royal Prince Alfred Hospital 4
Deputy Chief Executive Officer Area Health Services (2 positions) 3
Director Corporate Services Area Health Services (6 positions) 2
Director Finance and Budget Area Health Services (7 positions) 2
Director Health Services Development Area Health Services (6 positions) 2
Director Nursing Area Health Services (7 positions) 2
General Manager Illawarra Regional Hospital 2
General Manager Liverpool Health Services 2
Director Corporate Services Area Health Services (1 positions) 1
Director Finance and Administration Wentworth Area Health Service 1
Director Finance and Budget Area Health Services (2 positions) 1
Director Health Services Development Area Health Services (2 positions) 1
Director Nursing Area Health Services (3 positions) 1
OFFICE OF HEALTH POLICY LEVEL
Executive Director Health Policy 6
Deputy Executive Director Health Policy 5
Director Service & Capital Planning 4
Director Corporate Planning 3
Director Private Sector Development 3
Director Strategic Marketing 3
Associate Director Program Development 2
Associate Director Services Planning 2
Associate Director Corporate Planning 1
Director Government Relations 1
Page 5263
HOME CARE SERVICES OF NSW LEVEL
General Manager Home Care Service 4
Deputy General Manager Home Care Service 1
Director, Project for Hostel & Care Program 1
DEPARTMENT OF HOUSING LEVEL
Director 7
Deputy Director 6
General Manager Building Services Corporation 4
General Manager Financial & Management Services 4
General Manager Housing Services 4
General Manager Production Services 4
General Manager Land/Housing & Marketing Services 3
General Manager Real Estate Services Council 3
Divisional Manager Corporate Services 2
Divisional Manager Land & House Sales 2
Divisional Manager Production Services 2
Divisional Manager Properties 2
Financial Controller 2
Assistant General Manager Corporate Services
Building Services Corporation 1
Assistant General Manager Inspection Services
Building Services Corporation 1
Assistant General Manager, Real Estate Services Council 1
Corporate Legal Adviser 1
Divisional Manager Computer Services 1
Divisional Manager Economics & Housing Finance 1
Divisional Manager Operations 1
Divisional Manager Secretariat & Policy Support 1
Manager Package Contracts & Redevelopment 1
Manager Real Estate Services & Tenancy Commission 1
Manager Statutory Planning & Co-ordination Unit 1
Manager Valuations 1
Regional Manager Central & Eastern Metropolitan 1
Regional Manager Hunter & New England 1
Regional Manager Illawarra & South East 1
Regional Manager Southern Metropolitan 1
Regional Manager Western Metropolitan 1
THE HUNTER WATER BOARD LEVEL
Managing Director 5
Deputy Managing Director & Director Operations 4
General Manager Planning & Policy 3
General Manager Services 3
Manager Central Region 1
Manager Northern Region 1
Manager Southern Region 1
Manager Technical Investigation & Planning 1
Page 5264
DEPARTMENT OF INDUSTRIAL RELATIONS,
EMPLOYMENT, TRAINING AND FURTHER EDUCATION LEVEL
Director General 7
Deputy Director General 4
Director Employment & Training Services 3
Director Industrial Relations Services 3
Director Public Employment Industrial Relations Services 3
Director, Adult Migrant Education Service 2
General Manager, Vocational Education & Training Accreditation Board 2
Assistant Director Industrial Relations Policy 1
Assistant Director Labour Market Policy 1
Assistant Director Migrant Employment & Qualifications Unit 1
Assistant Director Public Employment Industrial Relations
Services (2 positions) 1
Assistant Director Vocational Guidance 1
Assistant Director Vocational Training 1
Commissioner Enterprise Agreements 1
Commissioner For Vocational Training 1
Deputy Director Adult Migrant Education Service 1
Director Corporate Services 1
Director Financial Services 1
Director Information Systems 1
Executive Member Board Of Adult & Community Education 1
LAND TITLES OFFICE LEVEL
Director Of Land Titles & Registrar General 5
Deputy Director Administration & Services Division 3
Assistant Director Land Information Services Division 2
Assistant Director Legal Division 2
Assistant Director Operations 1 Division 2
Assistant Director Operations 2 Division 2
Manager Computer Services Group 1
Principal Legal Officer (Legislation Section) 1
Principal Legal Officer (Litigation & Investigation) 1
Principal Surveyor 1
LEGAL AID COMMISSION OF NEW SOUTH WALES LEVEL
Director 5
Assistant Director General Law & Policy 3
Senior Assistant Director Referrals Division 3
Assistant Director Criminal Law Division 2
Assistant Director Management 2
Assistant Director Branches 1
Manager Litigation Practices 1
DEPARTMENT OF LOCAL GOVERNMENT
AND CO-OPERATIVES LEVEL
Director General 6
Deputy Director Co-operatives 2
Page 5265
Assistant Secretary 1
Chief Administrative Division 1
Director Local Government Grants Commission 1
MARITIME SERVICES BOARD OF NEW SOUTH WALES LEVEL
Chief Executive 5
Managing Director MSB Sydney Ports Authority 4
Corporate Secretary & General Counsel 3
General Manager Corporate Strategy & Planning 3
General Manager Finance 3
General Manager Human Resources 3
General Manager MARENG 3
General Manager Technical & Information Services 3
Business Development Manager MSB Sydney Ports Authority 2
General Manager Marine Safety & Environment 2
Managing Director MSB Hunter Ports Authority 2
Managing Director MSB Waterways Authority 2
Operations Manager MSB Sydney Ports Authority 2
Property & Planning Manager 2
Financial Services Manager 1
Human Resources Planning Manager 1
Industrial Relations Manager 1
Managing Director MSB Illawarra Ports Authority 1
Marine Adviser Marine Safety & Environment 1
Marine Services Manager MSB Sydney Ports Authority 1
Strategic Planning Manager 1
Technical Services Manager 1
Waterfront Services Manager MARENG 1
NEW SOUTH WALES MEAT INDUSTRY AUTHORITY LEVEL
Chairman 2
DEPARTMENT OF MINERAL RESOURCES LEVEL
Director General 6
Deputy Director Mineral Resources 5
Director Coal Division 4
Director Minerals Division 4
Chief Inspector of Coal Mines 3
Chief Inspector of Mines 3
Director Corporate Management & Strategy Division 3
Director Geological Survey of NSW 3
Director Information & Public Affairs Division 3
Director Administration Division 2
Chief Executive Officer Coal Compensation Board 1
Chief Mining Engineer Coal 1
Deputy Chief Inspector of Coal Mines 1
Deputy Chief Inspector of Mines 1
Director Legal Services 1
Principal Research Scientist (2 positions) 1
Principal Subsidence Engineer 1
Page 5266
Senior Inspector Electrical Engineering 1
Senior Inspector Mechanical Engineering 1
MOTOR ACCIDENTS AUTHORITY LEVEL
General Manager 5
Deputy General Manager 3
Manager Corporate Services 1
Manager Licensing & Legal Services 1
Manager Rehabilitation 1
NATIONAL PARKES AND WILDLIFE SERVICE LEVEL
Director 6
Deputy Director Field Management & Services 3
Deputy Director Policy & Wildlife 3
Assistant Director Corporate & Financial Services 2
Regional Manager Central Region 2
NEW SOUTH WALES CRIME COMMISSION
Chairperson 5
Full-time Member of Commission (2 Positions) 4
Director Civil Forfeiture Division 2
Secretary 1
NEW SOUTH WALES STATE LOTTERIES LEVEL
General Manager 5
Deputy General Manager 3
Director Computer Services 2
Director Marketing 2
Director Operations 1
OFFICE OF THE OMBUDSMAN LEVEL
Deputy Ombudsman 4
Assistant Ombudsman (2 Positions) 2
PARLIAMENTARY COUNSEL'S OFFICE LEVEL
Parliamentary Counsel 6
Deputy Parliamentary Counsel (2 Positions) 4
Assistant Parliamentary Counsel (2 Positions) 3
Senior Legislative Drafting Officer (6 Positions) 1
DEPARTMENT OF PLANNING LEVEL
Director 6
Assistant Director (3 Positions) 5
Assistant Director (Administration) 5
Head Heritage Assessment & Resources 3
Head Planning Division North 3
Page 5267
Head Planning Division South 3
Head Policy & Research 3
Executive Director Strategic Policy Unit 2
PREMIER'S DEPARTMENT LEVEL
Director General 8
Chief Executive Sydney Olympic Games Committee 7
Deputy Director General 6
Assistant Director General & General Manager
Office of State Administration 5
Assistant Director General & General Manager
Office of Public Management 5
Executive Director Building Industry Royal Commission 4
Deputy General Manager Office of State Administration 3
Director Equal Opportunity in Public Employment 3
Director Office of Aboriginal Affairs 3
Government Actuary 3
Assistant General Manager Office of State Administration 2
Deputy Government Actuary 2
Director Capital Works Unit 2
Director Management Review (4 Positions) 2
Director Personnel Policy 2
Director Senior Executive Service Unit 2
Assistant Government Actuary (2 Positions) 1
Director Freedom of Information Unit 1
Director Industrial Relations Unit 1
Director Management Development 1
Director Protocol 1
Director Special Projects 1
Industrial Relations Advisor Special Projects 1
Official Secretary to the Governor 1
PROPERTY SERVICES GROUP LEVEL
Managing Director 7
General Manager Homebush Bay Development Division 4
General Manager Development Division 3
General Manager Finance & Legal 3
Deputy Director Business Land Group 2
Development Manager 1
Financial Controller 1
General Manager Management Services Division 1
Manager Property Management Division 1
PUBLIC TRUST OFFICE LEVEL
Public Trustee 5
Protective Commissioner & Public Guardian 4
Deputy Protective Commissioner & Public Guardian 2
Deputy Public Trustee (3 Positions) 2
Solicitor to the Public Trustee 1
Page 5268
PUBLIC WORKS DEPARTMENT LEVEL
Director General 7
Deputy Director General 6
Chief Engineer 5
Director Construction 5
Director Regional Operations 5
Government Architect 5
Director Commercial 4
Director Finance & Personnel 4
Manager Education 4
Manager Health Branch 4
Manager Public Buildings 4
Manager Water & Sewerage 4
Area Program Director 3
Assistant Government Architect Design 3
Deputy Director Construction 3
Deputy Director Regions 3
Manager Building Engineering Services & Technology 3
Manager Coast & Rivers 3
Manager Engineering & Survey Services 3
Project Manager Gosford/Wyong 3
Project Manager Royal Alexandra Childrens Hospital 3
Manager Manly Hydraulic Laboratory 2
Principal Architect Schools 2
Program Manager Water & Sewerage Projects 2
Project Manager Port Kembla 2
Project Manager Special Projects 2
Regional Manager Hunter 2
Regional Manager Metropolitan Central 2
Regional Manager South Coast 2
Assistant Principal Architect Hospitals 1
Assistant Principal Architect Mental Health 1
Assistant Principal Architect Schools 1
Building Asset Manager 1
Corporate Accounting Manager 1
Manager Business & Administration Architectural Design 1
Manager Business & Administration Civil Engineering Design 1
Manager Business & Administration Regional Operations 1
Manager Commercial Development 1
Manager Construction Policy & Services 1
Manager Consulting Services 1
Manager Contracts 1
Manager Corporate Finance 1
Manager Information & Computing Services Branch 1
Manager Legal 1
Personnel Manager 1
Principal Architect Corrective Services 1
Principal Architect Courts & Police 1
Principal Architect Special Projects 1
Principal Architect Tertiary 1
Principal Engineer Coast & Flood 1
Principal Engineer Dams 1
Page 5269
Principal Engineer Electronics 1
Principal Engineer Health 1
Principal Engineer Operations 1
Principal Engineer Ports Waterways & Estuaries 1
Principal Engineer Public Buildings 1
Principal Engineer Structural Design 1
Principal Engineer Technical Support 1
Principal Quantity Surveyor 1
Principal Surveyor 1
Program Manager Mechanical & Electrical Services 1
Program Manager Sewerage Services 1
Program Manager Water Services 1
Project Manager Cumberland Hospital & Assistant Project Manager
Royal Alexandra Children's Hospital 1
Project Manager Hunter Sewerage 1
Project Manager Long Bay Gaol 1
Project Manager Special Projects 1
Project Manager Sydney Opera House 1
Project Manager Wollongong Hospital 1
Regional Manager Metropolitan North 1
Regional Manager Metropolitan South 1
Regional Manager Metropolitan West 1
Regional Manager North Coast 1
Regional Manager Riverina 1
Regional Manager Western 1
Value Manager (2 Positions) 1
ROADS AND TRAFFIC AUTHORITY LEVEL
Chief Executive 7
Director Corporate Strategy 6
Director Technical Services 6
Director Corporate Services 5
Regional Director Central Region 5
Regional Director Sydney Western Region 5
Director Finance & Performance Evaluation 4
Director Registration & Licensing Strategy 4
General Manager Road Safety Bureau 4
Regional Director Northern Region 4
Regional Director Southern Region 4
Chief Bridge Engineer 3
Divisional Engineer Special Projects 3
General Manager Asset Strategy 3
General Manager Human Resources 3
General Manager Information Services 3
General Manager Legal Services 3
General Manager Logistic Services 3
General Manager Programming Strategy 3
General Manager Road Network Strategy 3
General Manager Road Pricing 3
General Manager Vehicle Registration 3
Manager Tunnel Projects 3
Regional Director Western Region 3
Page 5270
Chief Traffic Engineer 2
Divisional Engineer Hunter 2
Divisional Engineer Illawarra 2
Divisional Engineer North/east 2
Divisional Engineer North/west 2
Divisional Engineer Operations 2
Divisional Engineer Operations Central 2
Divisional Engineer Southern 2
Engineer Manager BME Services 2
General Manager Driver Licensing 2
General Manager Property Services 2
General Manager Research & Development 2
General Manager Service Standards, Communication & Evaluation 2
Information Processing Manager 2
Manager Development & Road Safety Sydney West 2
Manager Employee Relations 2
Manager Major Projects 2
Manager Traffic Control Systems 2
Road Design Engineer 2
Tollway Manager 2
Applications Manager 1
Assistant Chief Traffic Engineer 1
Bridge Engineer Development 1
Bridge Engineer North 1
Bridge Engineer South 1
Corporate Treasurer 1
Divisional Engineer Central Murray 1
Divisional Engineer Central West 1
Divisional Engineer Lower North Coast 1
Divisional Engineer Murray Darling 1
Divisional Engineer Northern 1
Divisional Engineer South Coast 1
Divisional Engineer South/west 1
Environmental Planner Consulting Services Bureau 1
General Manager Business Systems Development 1
General Manager Community Relations 1
General Manager Contract Services 1
General Manager Environmental Strategy 1
General Manager Internal Audit 1
General Manager Operational Audit 1
Manager Advisory & Legislation Service 1
Manager Asset Control Technology 1
Manager Contract Legal Services 1
Manager Engineering Services 1
Manager Financial Accounting 1
Manager Fleet Management 1
Manager Litigation Services 1
Manager Management Information & Budget 1
Manager Material Services 1
Manager Planning & Control 1
Manager Prosecution Services 1
Manager Revenue Administration & Policy 1
Manager Road Safety Development 1
Page 5271
Manager Supply 1
Manager Vehicle & Equipment Safety 1
Project Development Engineer 1
Regional Development & Road Safety Manager 1
Regional Development Manager Northern 1
Regional Planner Central 1
ROYAL BOTANIC GARDENS AND DOMAIN TRUST LEVEL
Director of The Royal Botanic Gardens & Domain 4
Senior Assistant Director of The Royal Botanic Gardens & Domain 2
NEW SOUTH WALES RURAL ASSISTANCE AUTHORITY LEVEL
Chief Executive 3
Chief Manager Lending 1
DEPARTMENT OF SCHOOL EDUCATION LEVEL
Director General 7
Deputy Director General Educational Programs and Planning 6
Deputy Director General Resources 6
Assistant Director General Regions (10 positions) 5
Director Communications and Marketing 3
Director Curriculum Directorate 3
Director Finance 3
Director Management Information Services 3
Director Personnel Policies 3
Director Planning and Educational Review 3
Director Properties 3
Director Industrial Relations 3
Director Educational Programs and Planning (6 positions) 3
Director Programs Western 2
Director Programs and Planning Riverina 2
Director Programs and Resources North West 2
Director Administration and Finance (7 positions) 2
Director Human Resources (7 positions) 2
Director Educational Services Metropolitan North 2
Director Special Education and Focus Programs 2
Director Audit 2
Assistant Director Industrial Relations 2
Director Human Resources Development 2
Assistant Director Planning and Educational Review 2
Assistant Director Systems Development 2
Assistant Director Technology Planning 2
Director Administration 2
Cluster Director (95 positions) 2
Cluster Director (48 positions) 1
Director Administration and Finance North West Region 1
Director Resources Riverina 1
Director Resources Western 1
Manager Legal Services 1
Assistant Director Finance 1
Assistant Director Management Information Systems (Operations) 1
Assistant Director Personnel Practices 1
Assistant Director Properties 1
Page 5272
DEPARTMENT OF SPORT, RECREATION AND RACING LEVEL
Director 5
Deputy Director 2
Assistant Director Administration 1
Assistant Director Racing 1
Assistant Director Strategic Planning & Policy 1
Director State Sports Centre 1
Matrix Manager 1
STATE AUTHORITIES SUPERANNUATION BOARD LEVEL
President 7
Vice President & Director Property Investment 5
Full Time Employees Representative 3
Vice President Superannuation Operations 3
Director Information Services & Chief Accountant 2
Director Internal Audit Operations 2
Director Marketing & Advisory 2
Director Superannuation Administration Division 2
Secretary & Director Corporate Services 2
Director Policy & Research 1
Director Scheme Administration Accounting 1
Director Scheme Administration Legal Services 1
Manager Corporate Accounting 1
Manager Information Services 1
DEPARTMENT OF STATE DEVELOPMENT LEVEL
Director General 7
Deputy Director General 5
Director Commercial 5
Executive Director (2 positions) 4
Chief Business Economist 2
Deputy Director Development 2
Deputy Director Technology 2
Executive Director Corporate Services 2
Official Representative Tokyo 2
Senior Deputy Director Commercial 2
Deputy Director Business Deregulation Unit 1
Director Business Development Europe 1
General Manager (7 positions) 1
STATE ELECTORAL OFFICE LEVEL
Electoral Commissioner 5
STATE EMERGENCY SERVICES LEVEL
Director General 3
General Manager State Rescue & Emergency Services Board 2
Deputy Director State Emergency Service 1
Page 5273
STATE POLLUTION CONTROL COMMISSION LEVEL
Executive Chairman & Director 5
Deputy Director 4
Chief Air & Noise 2
Chief Coast & Inland 2
Chief Sydney 2
Chief Water & Chemicals 2
Chief Corporate Services 1
STATE RAIL AUTHORITY LEVEL
Chief Executive Officer 8
Chief Operating Officer 7
Group General Manager - Cityrail 6
Group General Manager - Freight 6
Corporate General Manager - Development 5
Corporate General Manager - Finance 5
Corporate General Manager - Property 5
General Manager - Capital Development 5
General Manager - Coal Grain & Minerals 5
General Manager - Commercial Services 5
General Manager - Expressrail 5
General Manager - Operations & City Central 5
General Manager - Trackfast 5
Regional General Manager - North 5
Corporate General Manager - Human Resources 4
Corporate Planning Manager 4
Executive Manager - Rail Safety Audit 4
General Manager - Countrylink 4
General Manager - Group Engineering 4
General Manager - Intercity 4
General Manager - Network Maintenance 4
General Manager - North West 4
General Manager - Priority Projects 4
General Manager - Workshops 4
Regional General Manager - Metropolitan 4
Regional General Manager - South 4
Regional General Manager - West 4
Chief Projects Manager 3
Corporate Secretary 3
General Manager - Illawarra 3
General Manager - Internal Business 3
General Manager - Newcastle 3
General Manager - South 3
Infrastructure Manager - North 3
Manager Passenger Operations 3
Manager Corporate - Financial Accounting 3
Manager Corporate - Financial Planning 3
Project Manager - Signal Modernisation Program 3
Regional Engineering Manager - Illawarra 3
Regional Engineering Manager - North 3
Regional Engineering Manager - South 3
Page 5274
Regional Engineering Manager - West 3
Chief Engineering Manager - Traction & Rolling Stock 2
Chief Engineering Manager - Track & Structures 2
Chief Manager Projects Freight 2
Corporate Counsel 2
Freight Operations Manager - Metropolitan 2
Freight Operations Manager - North 2
General Manager - Finance 2
Group Manager - Human Resources (2 Positions) 2
General Manager - Marketing & Communication 2
General Manager - Safe Working 2
General Manager - State Rail Training 2
General Manager - Bankstown 2
Manager Internal Audit 2
Marketing Manager - Coal 2
Marketing Manager - Grain 2
Marketing Manager - Steel (Expressrail) 2
Manager Corporate - Financial Management 2
Manager Corporate Development - Information Service 2
Manager Corporate Development - Purchasing & Materials 2
Manager Corporate Development - Telecommunications 2
Manager Intermodal (Expressrail) 2
Manager Operations & Maintenance 2
Manager Corporate Development - Computer Services 2
Northern Bulk Terminal Manager 2
Operations Manager - Expressrail 2
Operations Manager - Grain & Minerals 2
Project Manager - Automatic Fare Collection 2
Project Manager - Tangara 2
Rolling Stock Manager - Metropolitan 2
Electrical Standards Engineer 1
General Manager - Commercial Services 1
General Manager - Corporate Public Relations 1
Infrastructure Manager - Metropolitan 1
Legal Adviser - Cityrail 1
Legal Adviser - Freight Rail 1
Manager Fleet Engineering 1
Manager Strategic Development 1
Marketing Manager - Minerals 1
Marketing & Sales Manager 1
Manager - Infrastructure Safety 1
Manager - Operations Systems Safety 1
Manager - Property Assets 1
Manager - Property Projects 1
Manager - Rolling Stock Safety 1
Manager Cityrail Investments 1
Planning Manager 1
Project Manager - Central Control Centre 1
Project Manager - Design & Investigation 1
Project Manager - Field Project Resources 1
Project Manager - Rolling Stock Refurbishment 1
Regional Manager - Trackfast - Metropolitan 1
Rolling Stock Manager - North 1
Page 5275
Signals Standards Engineer 1
Systems Design Manager 1
Track Standards Engineer 1
STATE TRANSIT AUTHORITY LEVEL
Chief Executive 6
General Manager Finance & Administration 4
General Manager Human Resources 4
General Manager Operations 4
Manager Ferries 3
General Manager Strategic Planning 2
Manager Business Unit (7 positions) 2
Secretary & Corporate Counsel 2
Administration Manager Finance & Administration 1
Financial Controller Finance & Administration 1
General Manager Corporate & Community Affairs 1
Manager Computer Systems & Technology 1
Manager Business Unit (2 positions) 1
Manager Technical Services 1
NEW SOUTH WALES SUPERANNUATION OFFICE LEVEL
Secretary 4
Deputy Secretary 2
Assistant Secretary Legal 1
Director Long Service Payments Corporation 1
Director Policy Development 1
SYDNEY COVE REDEVELOPMENT AUTHORITY LEVEL
Director 4
Assistant Director 2
SYDNEY ELECTRICITY LEVEL
Chief Executive 7
General Manager Engineering 6
General Manager Finance & Administration 6
General Manager Electricity Supply 5
General Manager Human Resources 4
General Manager Marketing 4
Executive Corporate Support 3
Executive Manager - Engineering Services 3
Executive Manager Distribution Policy 3
Executive Manager Finance 3
Executive Manager Materials And Contracts 3
Executive Manager System Control 3
Executive Manager System Planning 3
Executive Manager Testing 3
Executive Region Support 3
Executive Total Quality Management 3
Region Manager Central Coast 3
Page 5276
Region Manager East 3
Region Manager North 3
Region Manager South 3
Executive Manager Customers' Accounts 2
Executive Manager Information Systems 2
Executive Manager Maintenance Services 2
Executive Manager Transport Services 2
Secretary 2
Deputy Executive Manager Testing 1
Executive Assistant Commercial 1
Executive Engineer Special Research 1
Internal Auditor 1
Manager Architectural Design 1
Manager Industrial Relations 1
Manager Mains Transmission 1
Manager Personnel 1
Supervising Engineer Transport Services 1
THE SYDNEY MARKET AUTHORITY LEVEL
Managing Director 4
Secretary 1
TOTALIZATOR AGENCY BOARD LEVEL
General Manager 6
Deputy General Manager 5
Director of Finance/secretary 3
Director of Sales 3
Director of Technology 3
Director of Audit & Review 2
Marketing Director 2
Deputy Director of Finance 1
Director of Human Resources 1
Director of Services 1
Manager Technical Support & Operations 1
Operations Director 1
TECHNICAL AND FURTHER EDUCATION COMMISSION LEVEL
Managing Director 7
General Manager Resources 5
Group General Manager Central College Networks 5
Group General Manager Country College Networks 5
Group General Manager Education Planning & Quality 5
Group General Manager Metropolitan College Networks 5
General Manager Finance & Systems 4
General Manager Human Resources 4
General Manager Marketing & Development 3
Manager Basic & Pre-vocational Education 3
Manager Resources Planning 3
Manager Vocational & Technical Education 3
Network Manager & Principal Sydney Technical College 3
Page 5277
Special Projects Manager 3
College Network Manager (20 positions) 2
Manager Finance 2
Manager Information Systems 2
Network Manager & Principal Open College 2
Chief Industry Training Division (10 positions) 1
Chief Education & Training Division Basic & Access Programs 1
Chief Education & Training Division Basic Work Skills Programs 1
Chief Education & Training Division Pre-vocational Programs 1
Manager Building Unit 1
Manager Comprehensive Audit 1
Manager Human Resource Development 1
Manager Industrial Relations 1
Manager International Marketing Division 1
Manager National Marketing Division 1
Manager Personnel Policies 1
College Network Manager (2 positions) 1
TOURISM COMMISSION LEVEL
General Manager 5
Director Marketing 1
Director Operations 1
Director Planning & Industry Development 1
DEPARTMENT OF TRANSPORT LEVEL
Director General 7
Executive Director Policy & Review 3
Executive Director Service Planning & Coordination 3
Executive Director Strategic Planning & Studies 3
Executive Director Corporate Services 2
THE TREASURY LEVEL
Secretary 8
Deputy Secretary 6
Assistant Secretary (3 positions) 5
Executive Director Office of State Revenue 5
Director Budget Division 4
Director Revenue Advisory Services 4
Chief Accountant 3
Chief Economist 3
Director Client Services 3
Director Compliance 3
Director Corporate Services 3
Deputy Director Budget Division 2
Director Systems 2
Deputy Director Compliance 1
Deputy Director Operations Revenue Advisory Services (2 positions) 1
Director Internal Audit Bureau 1
Director Planning & Review 1
Manager Accounting & Reporting 1
Page 5278
Manager Accounting Policy 1
Budget Branch Manager (4 positions) 1
Manager Rural & Industry Budget Branch 1
Revenue Advisor 1
Senior Economist Government Trading Enterprise Monitoring 1
Senior Economist Industry & Public Authority 1
VALUER GENERAL'S DEPARTMENT LEVEL
Valuer General 5
Deputy Valuer General 3
Chief Valuer 1
WASTE MANAGEMENT AUTHORITY
OF NEW SOUTH WALES LEVEL
Managing Director 5
Deputy Managing Director 3
Project Manager High Temperature Incineration Project 2
Financial Manager 1
Liquid Waste Manager 1
Marketing Manager 1
WATER BOARD LEVEL
Managing Director 7
Deputy Managing Director 6
Director Corporate Finance 6
Director Development 5
Director Human Resources 5
Director North Western Region 5
Director Northern Region 5
Director Pollution Abatement 5
Director South Western Region 5
Director Business Operations 4
Manager Headworks 4
Manager Planning 4
Manager Pollution Control 4
Manager Beach Protection 3
Manager Corporate Services 3
Manager Design 3
Manager General Works 3
Manager Harbour & Estuaries Protection 3
Manager Major Projects 3
Manager Urban Sector Development 3
Manager Waterways Protection 3
Regional Manager Illawarra 3
Regional Manager North Western 3
Regional Manager Northern 3
Regional Manager South Western 3
Regional Manager Southern 3
Deputy Manager Pollution Control 2
Manager Accounting 2
Page 5279
Manager Audit & Review 2
Manager Communications 2
Manager Employee Relations 2
Manager Finance 2
Manager Financial Planning 2
Manager Information Services 2
Manager Material Services 2
Manager Property Services 2
Manager Scientific Services 2
Manager Systems & Support 2
Manager Technology & Communication 2
Manager Training & Development 2
Project Manager Ocean Outfalls 2
Area Engineer North Western 1
Area Engineer Northern 1
Assistant Project Manager Ocean Outfalls 1
Business Manager Sewerage 1
Business Manager Urban Flood Management 1
Business Manager Urban Planning 1
Business Manager Water 1
Computer Services Manager 1
Design Manager Electrical 1
Design Manager Technical Services 1
Design Manager Water & Sewage Treatment 1
Design Manager Water Supply 1
Electrical Maintenance Engineer 1
Executive Development Manager 1
Head Mechanical Engineering 1
Human Resources Development Manager 1
Investigation & Planning Manager 1
Land Information Manager 1
Manager Business Development 1
Manager Environmental Management Unit 1
Manager Legal Services 1
Manager Occupational Health & Safety 1
Manager Personnel 1
Manager Project Services 1
Operations Manager Scientific Services Unit 1
Project Manager II Cats 1
Project Manager Warragamba Dam 1
Public Relations Manager 1
Senior Industrial Advocate 1
Trade Waste Manager 1
DEPARTMENT OF WATER RESOURCES LEVEL
Director 6
Deputy Director & Head Rural Water Supply 4
Assistant Director Corporate Services 3
Assistant Director Technical Services 3
Assistant Director Water Policy 2
Page 5280
General Manager Irrigation Murrumbidgee Region 2
Corporate Counsel 1
General Manager Irrigation Murray Region 1
Manager Barwon Region 1
Manager Catchment Management 1
Manager Corporate Development & Audit 1
Manager Engineering Services 1
Manager Finance & Accounts 1
Manager Hunter Region 1
Manager Lachlan Region 1
Manager Macquarie Western Region 1
Manager Murray Region 1
Manager Murrumbidgee Region 1
Manager Operations 1
Manager Strategic Projects 1
WORKCOVER AUTHORITY LEVEL
General Manager 6
Manager Fund Management Division 5
Manager Risk Management Division 4
Manager Corporate Services Division 3
Coordinating Manager Advisory Services 2
Manager Incident Investigation Services 2
Manager Occupational Health & Safety Research Programs 2
Manager Policy Legislation & Public Affairs 2
Manager Premiums Actuarial & Statistical 2
Manager Finance & Administration 1
Manager Fund Administration 1
Manager Legal Services Branch 1
Manager Licence & Insurance Administration 1
ZOOLOGICAL PARKS BOARD OF NEW SOUTH WALES LEVEL
Director 4
Deputy Director 2
Director Commercial Services 2
Assistant Director Agency Support 1
Director Corporate Services 1
Director Western Plains Zoo 1
Senior Executive Service positions in the Police Service are:
NSW POLICE SERVICE LEVEL
Commissioner 7
State Commander 6
Commander Policy Planning and Evaluation 5
Commander Professional Responsibility 5
Director Australian Bureau of Criminal Intelligence 5
Director Drug Enforcement Agency 5
Page 5281
Executive Director 5
Executive Director, Human Resources 5
Inspector General 5
Region Commander North 5
Region Commander North West 5
Region Commander South 5
Region Commander South West 5
Director Education and Training 4
Director Operations Support 4
Commander State Operations Support 3
Dean of Studies 3
Director Information Technology 3
Director of Finance 3
Principal Police Academy 3
District Commander (1 position) 3
Chief of Staff 2
Commander Internal Security 2
Commander State Intelligence 2
Commander State Investigative 2
Director Industrial Relations 2
Director Policy and Planning 2
District Commander (14 positions) 2
Applications Development Manager 1
Commander Establishment Control 1
Commander Internal Affairs 1
Commander Legal Services 1
Commander Police Citizens Youth Clubs 1
Communications Manager 1
Deputy Director of Operations ICAC 1
Director Administration State Command 1
Director Executive Development Program 1
Director Marketing and Media 1
Director of Investigations NSW Crime Commission 1
Director Personnel 1
Director Properties 1
District Commander (11 positions) 1
Manager National Exchange of Police Information 1
Planning and Control Manager 1
Principal Analyst (Legal) 1
Secretary Police Board 1
(c) Senior Executives receive a total remuneration package within the following ranges which are determined by the Statutory and Other Offices Remuneration Tribunal. The specific remuneration package relating to each officer is a confidential matter between the officer concerned and the respective agency.
The total remuneration package of each officer represents the total cost to Government of their employment. No other benefits are provided and the officer must meet all the costs of superannuation, the costs of benefits and fringe benefit tax on those benefits.
The remuneration ranges across the Senior Executive Service were determined on 1 October 1990 and the Tribunal has determined that no increase shall be given in 1991.
Page 5282
General Management
Level 1 $ 82,080 - 86,400
Level 2 $ 89,780 - 94,500
Level 3 $100,590 - 105,890
Level 4 $110,900 - 116,740
Level 5 $120,670 - 129,760
Level 6 $136,130 - 151,250
Level 7 $166,080 - 184,540
Level 8 $197,410 - 219,340
Finance
Level 1 $ 89,420 - 94,120
Level 2 $ 97,650 - 102,790
Level 3 $108,930 - 114,660
Level 4 $121,000 - 127,370
Level 5 $138,730 - 149,180
Level 6 $157,630 - 175,140
Data Processing
Level 1 $ 87,450 - 92,060
Level 2 $ 94,920 - 99,910
Level 3 $104,300 - 109,790
Level 4 $118,780 - 125,030
Level 5 $130,650 - 140,490
Legal
Level 1 $ 88,990 - 93,670
Level 2 $ 97,730 - 102,870
Level 3 $107,570 - 113,230
Level 4 $120,920 - 127,280
Level 5 $132,210 - 143,260
Level 6 $160,670 - 178,520
Engineering
Level 1 $ 85,830 - 90,340
Level 2 $ 92,390 - 97,250
Level 3 $101,270 - 106,600
Medical (General)
Level 1 $ 97,850 - 103,000
Level 2 $107,685 - 113,300
Medical (Specialist)
Level 1 $122,310 - 128,750
Level 2 $134,055 - 141,110
Level 3 $142,860 - 150,380
Level 4 $149,710 - 157,590
Level 5 $152,305 - 163,770
Level 6 $152,955 - 169,950
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The total number of Chief Executive Service and Senior Executive Service positions at each level of the specialist markets are detailed below. The figures include all positions listed in Part (b) of this answer.
General Management
Level 1 408
Level 2 366
Level 3 144
Level 4 96
Level 5 93
Level 6 39
Level 7 26
Level 8 5
Finance
Level 1 57
Level 2 37
Level 3 18
Level 4 14
Level 5 12
Level 6 1
Data Processing
Level 1 19
Level 2 15
Level 3 5
Level 4 4
Legal
Level 1 44
Level 2 21
Level 3 12
Level 4 12
Level 5 5
Level 6 4
Engineering
Level 1 67
Level 2 42
Level 3 30
Medical
Level 1 2
Level 2 2
Level 3 1
Level 4 1
Level 5 0
Level 6 1
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The following is a broad description of the characteristics of positions falling within each level of the CES and SES.
Level 8
This is the highest level in the Chief Executive Service. This level is restricted to the Chief Executives of the largest and most complex agencies in the New South Wales Public Sector. The operating budgets for these agencies are generally in excess of $2 billion per annum. Positions can reach this level as Chief Executives of central agencies where the agencies are seen to impact across the entire public sector. To reach this level, positions would be involved in assignments of considerable breadth and diversity and undertake broadly based management roles embracing the initiation, development and implementation of significant operating policy in areas judged as critical to the achievement of public sector objectives.
Level 7
Chief Executives of large agencies where positions would typically involve the direct management of between $750 million to $1 billion operating expenditure per annum and/or involve the management of highly specialised professional services are included in this level. Position holders would be directly involved in the formulation of direction for Government and be highly influential in the overall decision making process.
This level also includes the largest Senior Executive Service positions. In order to reach this level, SES positions would need to be reporting directly to the Heads of the largest and most diverse agencies (with Chief Executives classified in Level 8) and have an essentially autonomous accountability for the major area of operations. Operating expenditure for these senior SES positions is also likely to be in excess of $1 billion per annum. To reach this level, the SES positions would have to be held to account for the management of diverse resources across several major specialities or functional areas such as operations, engineering and production for a major public utility.
Level 6
This level represents the majority of Chief Executives of major agencies operating within a specialised but nevertheless substantial area of Government such as the transport sector, legal services, agriculture or auditing. Chief Executives of smaller agencies reach this level where the services provided are of a highly specialised and professional nature demanding both significant professional experience as well as management and leadership skills. This applies to positions which are the principal adviser on very significant matters to Government.
SES positions at this level would manage broad functional areas within the largest agencies of Government and typically be across more than one functional area, and substantial latitude would exist in achievement of broad objectives.
Level 5
Chief Executive positions at Level 5 would operate moderately sized agencies providing specialised services. Position holders would operate with considerable autonomy and be highly influential in the determination of services, policy and initiatives.
Senior Executive Service positions at this level would demand substantial specialised knowledge resulting from extensive experience in a recognised professional discipline and/or broadly based management skills. Positions would either be principal specialists
Page 5285
for the whole government sector or manage a large operating area of a major agencies. To reach this level, positions would be involved directly in policy development and be subject only to very broad management direction and guidelines. Positions would typically report to the Chief Executive and exercise considerable independence in management.
Level 4
Chief Executives at this level would operate small to medium sized organisations which demand substantial specialised knowledge. The position would be involved in setting the strategic direction of the organisation. Positions at Level 4 demand advanced technical and/or managerial knowledge and experience usually gained over more than 10 to 15 years in a related field. Positions typically operate within a major function area of Government or a large agency. The functional areas controlled are of central or critical significance to the agencies concerned and typically would represent the major operating areas. Positions would manage a major budget and/or be given substantial freedom in the achievement of objectives. Positions at this level would be closely involved in policy development within their own function areas and undertake projects requiring versatility and innovation in adapting or modifying standards and methods. Considerable judgment would be required in the resolution of frequent and unprecedented problems.
Level 3
Level 3 positions control major functional areas such as management services, materials supply, and information systems within major agencies. Alternatively, positions manage moderately sized regions and operating areas. Positions are accountable for the formulation of policies within their own operating areas and/or for the recommendation of broader direction for the agency. Chief Executives of highly specialised but smaller agencies are also included here.
Level 2
Level 2 positions generally require advanced technical and management experience and operate within one functional area of a moderately sized agency or manage the whole operations of a smaller Government business. Positions require a thorough understanding of agency policy and objectives and demand the recommendation of new policies and methods. Specialised scientific, research or policy positions can also be included at this level where projects or specialities managed are of sector-wide significance.
Level 1
To reach Level 1 in the classification of the Senior Executive Service, positions require specialised knowledge resulting from upwards of 10 years experience and/or advanced technical or commercial training requiring knowledge of complex though conventional methods and techniques of a particular discipline. The knowledge and experience must be applied to directly impact the achievement of significant organisational objectives.
Positions where the principal emphasis is management would embrace the planning, organising, directing and controlling of subordinates' work as well as determining and managing resources and providing leadership at either a technical and/or a human resource level. Positions would involve the accountability for the direction of a number of associated operations or a specialised professional sub-group on a line, functional or advisory basis. Management positions would typically control an operating budget (around $10 million per annum) and/or a substantial staff group with payroll in excess of one million dollars per annum. Positions could also reach this level where they share
Page 5286
accountability for the management of more substantial operating budgets and agency activities.
To reach the Senior Executive Service advisory, policy and/or specialist positions would need to provide advice on an area critical to the achievement of agency objectives and/or of significance external to the agency and portfolio. Such a position is likely to be regarded as the most authoritative source of advice available to the agency on the specialised professional area.
GLADESVILLE-PUTNEY BEFORE AND AFTER SCHOOL CENTRE
Mr O'Grady asked the Minister for Police and Emergency Services and Vice-President of the Executive Council representing the Premier, Treasurer and Minister for Ethnic Affairs -
(1) Was the Gladesville-Putney Before and After-School Centre given $100,000 through the Premier's office for improvements to its building?
(2) Did the centre make an application for this grant, based on need?
(3) Is the building in disrepair?
(4) What criteria is utilised in deciding which centres require priority in funding?
(5) Have such grants been made before?
(6) If so, to which centres?
(7) Out of which program area was this grant made, and did it come out of the 1989-90 Budget or the previous year's Budget?
(8) Was this grant given to honour a pre-election promise by the now Member for Gladesville?
Answer___
In answer to all questions, this special grant was made in fulfilment of the Premier's commitment in the 1988 election and after significant subsequent discussion with the community and parent groups involved. The grant was reflected in the 1989/90 Budget.
INDUSTRIAL AWARD BREACH PENALTIES
Mr Johnson asked the Minister for Police and Emergency Services and Vice-President of the Executive Council representing the Minister for Industrial Relations and Minister for Further Education Training and Employment -
Will the Minister ascertain how much money has been recovered by his department for employees or former employees from employers who have breached award agreements or Acts for the years ending:
(a) June 1988;
(b) June 1989;
(c) June 1990;
(d) June 1991?
Page 5287
Answer___
The Department through its Industrial Inspectorate issues directions to rectify underpayments of industrial entitlements in the course of routine inspections and investigation of specific industrial complaints. In the case of industrial complaints or where employment has terminated, the Department generally requests that outstanding amounts be paid directly to it. The amounts of outstanding industrial entitlements paid into the Department were as follows for the years ending:
(a) June 1988 - $1,124,688;
(b) June 1989 - $1,139,052;
(c) June 1990 - $1,385,601; and
(d) June 1991 - $1,678,100.
MULLUMBIMBY RAILWAY LEVEL CROSSING
Mr Jones asked the Minister for Police and Emergency Services and Vice-President of the Executive Council representing the Minister for Transport___
(1) Why has the State Rail Authority fenced off the pedestrian railway crossing at Mullumbimby?
(2) Will this significantly disadvantage the people of Mullumbimby?
(3) Will the State Rail Authority notify Byron Shire Council that it needs safety approach fences built around the crossing?
(4) If these fences are built, will the SRA re-open the pedestrian crossing?
Answer___
(1) The crossing was temporarily fenced off following a considerable period of discussion between State Rail Authority and Byron Shire Council.
The Council had agreed to assume responsibility for the crossing and undertake safety protection works.
Council failed to respond to State Rail's request to carry out works after several months notice and written advice.
(2) It is not considered local people were disadvantaged because a fully protected road and pedestrian crossing exists only 80 metres from this crossing.
(3) This was done prior to the closure of the crossing but Council did not respond.
(4) Council has now undertaken the work to the satisfaction of State Rail and the crossing was re-opened for use on Monday, 23 September 1991.
NORTH WEST SECTOR TRANSPORT STUDY
Miss Kirkby asked the Minister for Police and Emergency Services and Vice-President of the Executive Council representing the Minister for Transport___
Page 5288
(1) Who in the RTA authorised the so-called "NW Transport Links Study" which is being carried out by Maunsell Pty Ltd?
(2) What is the cost of the study to date?
(3) Did the Ministry of Transport and the RTA fabricate evidence of population trends in the NW sector and employment growth on the lower North Shore to try and justify the F2 at the Commission of Inquiry?
(4) Is the NW Transport Links Study simply a means of reinstating the F2 Tollway?
(5) Did Maunsell Pty Ltd engage Mr Peter Abelson, a leading Transport Economist to carry out the economic evaluation of the various options arising from the study?
(6) In respect of those options involving the F2 road reservation, what were the findings of Mr Abelson?
(7) Have the Abelson findings been modified in any way in the EIS, either by Maunsell Pty Ltd or by the RTA?
(8) If the findings were modified, on whose initiative were the modifications carried out?
(9) If the findings were modified, why were they modified?
Answer___
This issue comes under the administration of the Deputy Premier, Minister for Public Works and Minister for Roads, the Hon. W.T.J. Murray, M.P.
POLICE-CITIZENS YOUTH CLUBS CONFERENCES
Mr Dyer asked the Minister for Police and Emergency Services and Vice-President of the Executive Council -
(1) Have there been any in-service conferences or classes held by the Federation of New South Wales Police Citizens Youth Clubs at the New South Wales Police Academy, Goulburn in the last twelve months?
(2) If so, how many such conferences or classes were held and what were the relevant dates?
(3) Were there any occasions when those participating in classes, courses or conferences were taken to dinner?
(4) If so, what was the cost of meals, liquor and entertainment and who paid for these expenses?
(5) What was the method of payment for the cost of meals, liquor and entertainment?
(6) Were such meals relevant to the police service and community policing?
(7) If not, were they for the PCYC movement as a charitable body?
(8) Were police service funds or charitable funds used?
Page 5289
Answer___
(1) Yes.
(2) In Service Classes Date
Branch Management Training 2-7 June 1991
Branch Management Training 15-20 September 1991
Training Workshop (part of
Youth Alcohol Initiative in
conjunction with N.S.W. Department
of Health) 23-25 October 1991
(3) Yes.
(4) A total of $2,245.50 was expended for meals and table wines for a dinner on the final evening of the Branch Management Courses. There was no cost for entertainment.
Inspector Weiss paid the accounts under his financial delegation as Inspector/Co-ordinator. The expenditure was duly ratified by the Interim Board of Directors.
(5) American Express Card on the Federation of New South Wales Police Citizens Youth Clubs account.
(6) Yes. Such meals, as a component of an intensive residential course, enhance morale and give recognition to the many hours of additional unpaid duty performed by police attached to Branches.
(7) Not applicable.
(8) The Federation of New South Wales Police Citizens Youth Clubs met the costs.
POLICE-CITIZENS YOUTH CLUBS ZONAL MEETINGS
Mr Dyer asked the Minister for Police and Emergency Services and Vice-President of the Executive Council___
(1) Are zone co-ordinators' meetings of the Federation of Police Citizens Youth Clubs held in various locations throughout New South Wales?
(2) If so, how many such meetings were there in the last two years and what were their locations?
(3) What was the total amount expended on each such co-ordinators' meeting or conference?
(4) What was the accommodation component of each meeting or conference?
(5) What was the meal component of each meeting or conference?
(6) What was the liquor component of each meeting or conference?
(7) Who authorised such expenditure?
Page 5290
(8) Were such meetings held as part of the police service component in regard to community policing?
(9) Were they for a PCYC charity?
(10) Did the police service or the PCYC charity pay for such meetings?
Answer___
(1) Yes.
(2) A total of four zone co-ordinators' meetings were held at Cessnock, Bathurst, Singleton and Lake Macquarie.
(3) $4,060.48 including travelling allowance.
(4) $1,188.00.
(5) Location Meal Component
Lake Macquarie $1029.20
Cessnock $653.25
Bathurst $56.00
Singleton $275.00
(6) No itemised account for liquor is available.
(7) The Branch Commander.
(8) Yes.
(9) Yes.
(10) The Federation of the Police Citizens Youth Clubs met the costs which were ratified by the interim Board of Directors. The costs for travelling allowance were met by Police Service funds.
POLICE-CITIZENS YOUTH CLUBS CLUSTER SERGEANTS
Mr Dyer asked the Minister for Police and Emergency Services and Vice-President of the Executive Council -
(1) Were the positions of cluster sergeants regarding the Federation of Police Citizens Youth Clubs recently re-graded?
(2) If so, which positions were re-graded and where are such positions located?
(3) When cluster sergeants are obliged to perform PCYC duties associated with that appointment:
(a) Do they use the club's vehicles for such associated duties;
(b) Who bears the cost, the Club or the Federation?
(4) Is it considered to be a police service component, or a service to the charity?
Page 5291
(5) In either case, should the Club be required to bear the cost?
Answer___
(1) No. The positions of Cluster Sergeants were created as a result of a restructuring of the Federation's Police component after the release of the report of the Ministerial Advisory Committee into the operations of the Police Citizens Youth Clubs Movement, in order to improve supervisory and management control practices.
(2) Cluster Sergeants were created at the following Police Citizens Youth Clubs:
(a) Glebe;
(b) Newtown;
(c) Fairfield-Cabramatta;
(d) Mount Druitt;
(e) Nepean;
(f) St George;
(g) Shoalhaven;
(h) Newcastle;
(i) Cessnock.
(3) (a) Yes.
(b) The Branch to which they are attached.
(4) The function is related to the charitable component of Branches and the police component.
(5) Considering the significant benefits obtained by the use of Cluster Sergeants, it is appropriate that the small costs incurred should be met at Branch level.
POLICE-CITIZENS YOUTH CLUB CHEQUE FRAUD
Mr Dyer asked the Minister for Police and Emergency Services and Vice-President of the Executive Council -
(1) Was there an instance involving the falsifying of signatures on cheques in the City of Sydney Police Citizens Youth Club within the last twelve months?
(2) If so:
(a) Was an officer of the police service involved;
or
(b) Was a civilian involved?
(3) In the case of a police officer, who dealt with the matter?
Page 5292
(4) In the case of a civilian, in what way was the matter dealt with?
(5) In either case, what was the outcome?
Answer -
(1) Yes.
(2) (a) Yes.
(b) Yes. As the complainant.
(3) The Police Internal Affairs Branch is investigating this matter.
(4) Not applicable.
(5) The investigation is proceeding.
RANDWICK-BOTANY POLICE-CITIZENS YOUTH CLUB
Mr Dyer asked the Minister for Police and Emergency Services and Vice-President of the Executive Council -
(1) Was there a period within the last two years during which the Committee of the Randwick-Botany Police Citizens Youth Club failed to be elected?
(2) If so, during the time when no Committee existed:
(a) Who authorised the payment of cheques?
(b) Who controlled the banking and conducted the administration of the Club?
Answer -
(1) On 27 February 1991 the Annual General Meeting of the Randwick-Botany Police Citizens Youth Club did not have a quorum and a new Annual General Meeting was scheduled, in accordance with the rules, for 19 March 1991.
The 27 February meeting, upon failing to meet the AGM quorum requirements, then reconvened as a monthly meeting of the Branch Management Committee and conducted Branch Business in accordance with its charter. The Committee continued to conduct the official business of the branch until the new Committee was elected on 19 March 1991.
(2) There was no period in which a Committee did not exist.