​​​No. 11

Thursday 20 June 2019

MEETING OF THE HOUSE

The Deputy President took the Chair. Revd Mr Nile read the prayers.

​Mr Farlow tabled the following papers:

1. Waste Avoidance and Resource Recovery Act 2001—Report of Environment Protection Authority entitled "Waste Avoidance and Resource Recovery Strategy Progress Report 2017-18".
   
2. Paper entitled "Corporations Act 2001: A Company Limited by Guarantee: Constitution of Australian Technology Park Sydney Limited", dated 20 May 2019. 

The Clerk reported receipt of a Ministerial response received from the Hon Shelley Hancock MP Minister for Local Government to a petition presented by Hon Taylor Martin on The Entrance channel presented on 30 May 2019

SPECIAL ADJOURNMENT

Mrs Maclaren-Jones moved that the order of private members' business for today be as follows:

1. Private members' business item no. 108 outside the order of precedence standing in the name of Mr Primrose relating to an order for papers regarding the document entitled 'Election Commitments – The NSW Budget 2019-2020',

2. Private members' business item no. 110 outside the order of precedence standing in the name of Mr Primrose relating to an order for papers regarding government departmental employment numbers,

3. Private members' business item no. 6 in the order of precedence standing in the name of Mrs Ward relating to women in sport,

4. Private members' business item no. 109 outside the order of precedence standing in the name of Mr Shoebridge relating to an order for papers regarding energy funding initiatives included in the 2019-20 budget,

5. Private members' business item no. 101 outside the order of precedence standing in the name of Mr Graham relating to an order for papers regarding the lease of the Campbell's Stores located in the Rocks,

6. Private members' business item no. 70 outside the order of precedence standing in the name of Mr Martin relating to Surf Life Saving Sydney Branch,

7. Private members' business item no. 102 outside the order of precedence standing in the name of  Mr Latham relating to highly contentious private members' bills,

8. Private members' business item no. 96 outside the order of precedence standing in the name of Mr Searle relating to an order for papers regarding the Transport Asset Holding Entity,

9. Private members' business item no. 106 outside the order of precedence standing in the name of Mr Searle relating to an order for papers regarding Landcom,

10. Private members' business item no. 113 outside the order of precedence standing in the name of Ms Faehrmann relating to emergency department responses to mental health emergencies,

11. Private members' business item no. 89 outside the order of precedence standing in the name of Ms Jackson relating to press freedom,     

12. Private members' business item no. 105 outside the order of precedence standing in the name of Mr Latham relating to Gaye Cameron,

13. Private members' business item no. 112 outside the order of precedence standing in the name of Mr Graham relating to an order for papers regarding funding for Restart NSW projects, and

14. Private members' business item no. 1 in the order of precedence standing in the name of Mr Searle relating to the Industrial Relations Amendment (Contracts of Carriage) Bill 2019.

 Agreed to

PMB No. 108 outside the order of precedence: Motion of Mr Primrose:

That, under Standing Order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents in the possession, custody or control of the Premier, Department of Premier and Cabinet, the Treasurer, the Treasury, the Minister for Customer Service, the Minister for Finance and Small Business, and the Department of Finance, Services and Innovation:

(a)        all advice, correspondence, briefing papers and documents provided by New South Wales government departments, agencies and public trading enterprises to the Department of Premier and Cabinet, the Treasury or the Department of Finance, Services and Innovation relating to the preparation of the document entitled 'Election Commitments – The NSW Budget 2019-2020',

(b)        all advice, correspondence, briefing papers and documents prepared by the Department Premier and Cabinet, Treasury or the Department of Finance, Services and Innovation relating to the preparation of the document entitled 'Election Commitments – The NSW Budget 2019-2020', and

(c)        any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.

​Agreed to

Ayes 23 / Noes 16

(Division No. 1)

PMB No. 110 outside the order of precedence: Motion of Mr Primrose:

That, under Standing Order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents in the possession, custody or control of the Premier, Department of Premier and Cabinet, the Treasurer, the Treasury, the Minister for Customer Service, the Minister for Finance and Small Business, and the Department of Finance, Services and Innovation:

(a) all advice, correspondence, briefing papers and documents provided by New South Wales government departments, agencies and public trading enterprises to the Department of Premier and Cabinet, the Treasury or the Department of Finance, Services and Innovation relating to:

(i) the full time equivalent number of employees within each government departmental cluster, agency, state outcome and/or program group for 2018-19, 2019-20 and the years of the forward estimates, 2020-21, 2021-22 and 2022-23,

(ii) the full time equivalent number of employees within each of the ten government departmental clusters, agency, state outcome and/or program group prior to the Machinery of Government Changes which will reduce the number of clusters from ten to eight on 1 July 2019,

(iii) the forward estimates of each program or infrastructure project,

(b) all advice, correspondence, briefing papers and documents prepared by the Department Premier and Cabinet, Treasury or the Department of Finance, Services and Innovation relating to:

(i)  the full time equivalent number of employees within each government departmental cluster, agency, state outcome and/or program group for 2018-19, 2019-20 and the years of the forward estimates, 2020-21, 2021-22 and 2022-23,

(ii)  the full time equivalent number of employees within each of the ten government departmental clusters, including by agency, state outcome and/or program group prior to the Machinery of Government Changes which will reduce the number of clusters from ten to eight on 1 July 2019,

(iii) the forward estimates of each program or infrastructure project, and

(c) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.

Ayes 23 / Noes 16

(Division No. 2)

MESSAGE FROM THE LEGISLATIVE ASSEMBLY

Mr Harwin sought leave to suspend standing and sessional orders to consider the message forthwith.

Leave granted.

Mr Harwin moved: That the time and place for the first meeting of the Joint Standing Committee on Road Safety be Thursday 20 June 2019 at 2.00 pm in Room 814/815.

​Agreed to

PMB No. 6 inside the order of precedence: Motion of Mrs Ward:

1. That this House notes that:

(a) Easts Rugby Club is the oldest district rugby club in Australia,

(b) the Easts Rugby Club will build female change rooms with the $1.8 million funding pledged by the NSW Government, and

(c) the new female change rooms will facilitate more women in sports.

2. That this House congratulates:

(a) the Government for this initiative which promotes equality in sporting facilities and encourages women in sports, and

(b) East Rugby Club's commitment to equality for women in sports.

The President informed the House that Mr Field has written to the Clerk disputing the validity of a claim of privilege over Schedule 2 of the VIP Gaming Management Agreement lodged with the Clerk on 2 October 2014.

The President further informed the House that the disputed documents have been released to Mr Mason, an independent arbiter, for evaluation and report.

Appropriation Bill 2019

Appropriation (Parliament) Bill 2019

​2nd reading: Motion of Mr Tudehope

Amendments circulated:

Oppn - c2019-026

Greens - c2019-024

Appropriation Bill 2019

Appropriation (Parliament) Bill 2019

​2nd reading: Motion of Mr Tudehope

Amendments circulated:

Oppn - c2019-026

Greens - c2019-024

Agreed to

Ayes: 24 / Noes: 15

Ayes: 23 / Noes: 16

Appropriation Bill 2019​ and Appropriation (Parliament) Bill 2019 returned to the Assembly without amendment, State Revenue and Other Legislation Amendment Bill 2019 returned to the Assembly with amendments

​The President reported receipt of a message from the Legislative Assembly relating to amendments made by the Council to the Ageing and Disability Commissioner Bill 2019:

• Agreeing to amendment no. 4
• Disagreeing with amendment no. 34 and
• proposing a new amendment as follows:
  
  

No. 1  Funding for disability advocacy

Page 14. Before line 13:

25 Report about disability advocacy

1. The Commissioner must, by 31 December 2019:

(a) prepare a report in relation to the funding arrangements for independent specialist advocacy, information and representative organisations for people with disability in New South Wales, and

(b) consult with independent specialist advocacy, information and representative organisations for people with disability in New South Wales in relation to the report, and

(c) provide the report to the Presiding Officer of each House of Parliament.

2. For the purposes of subsection (1), in preparing the report the Commissioner must take into account any funding provided by the Commonwealth, under the National Disability Insurance Scheme Act 2013 of the Commonwealth, to independent specialist advocacy, information and representative organisations for people with disability in New South Wales.

3. Before providing the report to the Presiding Officer of each House of Parliament, the Commissioner must give a copy of the report to the Minister.

Negatived

Ayes: 18 / Noes: 19

Mr Harwin tabled the annual report of the Border Fence Maintenance Board for year ended 31 December 2018, together with a statement of reasons for lateness

PMB No. 6 inside the order of precedence: Motion of Mrs Ward:

1. That this House notes that:

(a) Easts Rugby Club is the oldest district rugby club in Australia,

(b) the Easts Rugby Club will build female change rooms with the $1.8 million funding pledged by the NSW Government, and

(c) the new female change rooms will facilitate more women in sports.

2. That this House congratulates:

(a) the Government for this initiative which promotes equality in sporting facilities and encourages women in sports, and

(b) East Rugby Club's commitment to equality for women in sports.

PMB No. 101 outside the order of precedence: Motion of Mr Graham:

That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents in the possession, custody or control of the Minister for Customer Service, and the Department of Finance, Services and Innovation:

(a) all documents relating to the granting of a 55 year lease by the Government for the Campbell's Stores located in the Rocks, Sydney to the company Tallawolodah,

(b) all documents relating to the decision not proceed with a tender process for this sale,

(c) all documents relating to the leasing agent for the company Place Management who manages the lease on behalf of the Government, Mr Tim Andrews, who is also reported as being the leasing agent for the developer Tallawolodah, and

(d)  any legal or other advice regarding the scope or validity of this order fo the House created as a result of this order of the House.

PMB No. 70 outside the order of precedence: Motion of Mr Martin:

1. That this House notes that:

(a)  on 25 May 2019, Surf Life Saving Sydney Branch held the 2019 Awards of Excellence at ICC Sydney,

(b) the awards recognise members of the 15 Surf Life Saving Clubs and Support Operations who have excelled at Branch Level in Junior Development, Surf Life Saving, Education, Surf Sports and Support Operations,

(c) the following awards were presented:

(Click here for full motion)

PMB No. 102 outside the order of precedence: Motion of Mr Latham:

1. That this House supports Premier Berejiklian’s publicly stated goal of making "this Parliament the most modern and progressive place of debate in this country" with "less focus on process and more focus on outcomes".

2. That, in response to the Premier’s request for parliamentary modernisation proposals by 30 June 2019, this House requires that:

(a) prior to its introduction in the Legislative Council, all highly contentious government legislation be subject to a comprehensive and consultative Green and White Paper process, and

(b) highly contentious legislation be defined as a bill likely to substantially alter economic, employment, social, legal or environmental conditions in New South Wales and to provoke widespread public interest in the proposed changes.

3. That this House notes that private members do not have the resources to ensure that their bills are preceded by a Green and White paper process.

4. That a modified research and deliberative process should be available for highly contentious private members' bills to ensure that the intent and possible ramifications of the draft legislation are fully explored.

5. That, when a member who has carriage of a highly contentious private members' bill, moves to refer the bill to a committee for inquiry and report, the member may also move that:

(a) the New South Wales Parliamentary Library prepare an Issues Paper on the bill,

(b) the newDemocracy Foundation be commissioned to facilitate community input into the bill, such as a citizens panel or jury, to complement the traditional forms of evidence gathering by committees, such as seeking submissions and taking oral evidence, and

(c) Legislative Council committees will respect the foundation's remit as an independent and non–partisan research organisation.

6. That the House notes that the newDemocracy Foundation has offered to provide this service during 2019 and 2020 for no charge to the Parliament.

 ​Mr Shoebridge moved: That the question by amended as follows:

1. Omitting paragraph 1 – 4 and inserting instead: 

1. That the Procedure Committee inquire into and report on the parliamentary modernisation proposals that:

(a) prior to its introduction in the Legislative Council, all highly contentious government legislation – defined as a bill likely to substantially alter economic, employment, social, legal or environmental conditions in New South Wales and to provoke widespread public interest in the proposed changes – be subject to a comprehensive and consultative Green and White Paper process, and

(b) a modified research and deliberative process be available for highly contentious private members' bills to ensure that the intent and possible ramifications of the draft legislation are fully explored. 

2. Inserting after paragraph 5:
6.       That the operation of paragraph 5 of this resolution lapse on the last sitting day of 2020 and then stand referred to the Procedure Committee for inquiry and report.

PMB No. 96 outside the order of precedence: Motion of Mr Searle:

That, under Standing Order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents created since 1 July 2016 in the possession, custody or control of the Minister for Transport and Roads, the Premier, the Treasurer, the Department of Premier and Cabinet, the Treasury, Department of Transport or RailCorp:

(a) all documents relating to the classification of Transport Asset Holding Entity (TAHE) as a commercial public non-financial corporation,

(b) all documents relating to any commercial hurdle rates or rates of return for TAHE regarding its classification as a commercial public non-financial corporation,

(c) all documents relating to the classification of TAHE as a general government entity pursuant to the general financial statistics classification,

(d) all documents relating to the classification of RailCorp as a commercial public non-financial corporation,

(e) all documents relating to any commercial hurdle rates or rates of return for RailCorp regarding its classification as a commercial public non-financial corporation,

(f) all documents relating to the classification of RailCorp as a general government entity pursuant to the general financial statistics classification, and

(g) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.

PMB No. 106 outside the order of precedence: Motion of Mr Searle:

That, under Standing Order 52, there be laid upon the table of the House within 35 days of the date of passing of this resolution the following documents in the possession, custody or control of the Minister for Planning and Public Spaces, Department of Planning and Environment, the Premier, Department of Premier and Cabinet, the Treasurer, the Treasury, the Minister for Finance and Small Business, Department of Finance, Services and Innovation UrbanGrowth NSW Development Corporation, Greater Sydney Commission, Hunter and Central Coast Development Corporation, or Landcom:

(a) all documents created since 1 January 2017 relating to the organisational restructures of Landcom in 2017, 2018 and 2019,

(b) all documents created since 1 July 2017 relating to Landcom's organisational culture, staff morale, performance feedback, and bullying,

(c) the independent report into allegations of bullying made against the current Landcom Chair Suzanne Jones and former Landcom Executive Amanda Chadwick,

(d) all documents created since 1 July 2017 relating to any governance concerns raised by Landcom staff,

(e) all documents created since 1 July 2017 relating to Landcom's capacity to meet required State Infrastructure Contribution payments and required dividend payments to the Treasury and its plans for achieving them,

(f) details of any consultancy commissioned since 1 July 2017 by all Landcom projects and corporate divisions and any amounts paid to each consultancy,

(g) all documents created since 1 July 2017 relating to Landcom staff resignations, staff redundancies including financial amounts paid, terms of any redundancy payments, and any deed of release or other binding separation document, and

(h) all correspondence and communications, including to and from mobile phone devices using SMS or any messaging application since 1 July 2017 between the Premier and Mr John Brogden relating to Landcom, and

(i) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.

PMB No. 113 outside the order of precedence: Motion of Ms Faehrmann:

1. That this House notes that:

(a) research shows that the quality of care someone receives from the Emergency Department following a suicide attempt can influence their risk of attempting or dying by suicide in the future,

(b) in 2015, a comprehensive review by the NHMRC of care for those who had attempted suicide found very low levels of satisfaction with emergency department care and that low levels of satisfaction was correlated with being half as likely to disclose future suicidality,

(c) in 2018, the Australasian College for Emergency Medicine found that 30 percent of mental health patients wait for more than 8 hours for an inpatient bed, and

(d) while the government's plan to implement the recommendations of the Review of seclusion, restraint and observation of consumers with a mental illness in NSW Health facilities included a deadline to plan for minor infrastructure upgrades and to review safe assessment rooms, there is no plan or deadline to upgrade any significant issues found.

2. That this House calls on the Government to improve emergency department and frontline responses to mental health emergencies in New South Wales by:

(a) finalising the review of the design and use of safe assessment rooms in mental health units, as per the recommendations of the review of seclusion, restraint and observation of consumers with a mental illness in NSW Health facilities, and developing a strategy to action any necessary infrastructure upgrades by 2021, funded by the Statewide Mental Health Infrastructure Fund, and

(b) reviewing the reasons for delays for mental health patients to be admitted from emergency departments to inpatient beds, and the effectiveness of existing frontline responses to mental health incidents in the community.

PMB No. 89 outside the order of precedence: Motion of Ms Jackson:

1. That this House notes that:

(a) on Monday June 3 2019, News Corporation journalist Annika Smethurst's home was raided by the Australian Federal Police,

(b) Ms Smethurst was investigating a plan to allow the Australian Government increased surveillance powers over ordinary Australians,

(c) on Wednesday June 5 2019, the Australian Broadcasting Corporation (ABC) was raided by the Australian Federal Police in relation to a story that aired in 2017,

(d) open and unfettered journalism is essential to keep governments to account and our democracy transparent

(e) our democracy suffers when journalists are raided for reporting on the action of government, and

(f) the recent raids undermine the principles of open and transparent journalism and represent a threat to the democratic freedoms of all Australians.

2. That this House calls on the New South Wales Government to stand with journalists, the Media Entertainment & Arts Alliance and the Parliamentary Press Gallery to condemn the raids of the ABC and Ms Annika Smethurst.

3. That this House calls on the Australian Government to reveal who is responsible for ordering, or approving, these coordinated raids.

PMB No. 105 outside the order of precedence: Motion of Mr Latham:

1. That this House notes that:

(a) all companies operating in New South Wales should respect our democratic processes, ensuring that all employees, no matter their political beliefs, can run for elected office without suffering employment penalties, and

(b) the fundamental right of all workers to be able to run for elected office in their private time, without workplace consequences.

2. That this House condemns the overseas-owned Goldwind company for sacking the Pauline Hanson's One Nation candidate in Miranda and Cook, Gaye Cameron, because of her political opinion and the energy policies she advocated at the recent New South Wales and Federal elections. 

​Mr Searle moved to amend the motion by omitting paragraph 2.

​Agreed to

Ayes 34 / Noes 5

Division No. 4 in the House

Agreed to.

The House adjourned at 12.34 am until Tuesday 6 August 2019 at 2.30 pm.