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Votes and Proceedings No. 34, Thursday 27 June 2002

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351

    PROOF







    PARLIAMENT OF NEW SOUTH WALES
    LEGISLATIVE ASSEMBLY

    2002

    THIRD SESSION OF THE FIFTY-SECOND PARLIAMENT

    ___________________


    VOTES
    AND
    PROCEEDINGS

    No. 34

    THURSDAY 27 JUNE 2002


    ___________________

    351
    VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
    Thursday 27 June 2002

    351
    VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
    Thursday 27 June 2002


    1 OMBUDSMAN REPORT

    The Speaker, pursuant to section 31AA of the Ombudsman Act 1974, tabled the Special Report to Parliament under section 31 of the Ombudsman Act 1974 entitled “Speedometers and speeding fines – A review of police practice”, dated June 2002.

    Ordered to be printed.

    2 APPROPRIATION BILL AND COGNATE BILLS
    ADDRESS IN REPLYTAKE NOTE DEBATE

    The Order of the Day was read for the resumption of the adjourned concurrent debate on the second reading of the Appropriation Bill and cognate bills and a motion to take note of the Address in Reply.
    Question again proposed and debate resumed.

    QuestionThat the Appropriation Bill, Appropriation (Parliament) Bill, Appropriation (Special Offices) Bill, General Government Liability Management Fund Bill, Protection of the Environment Operations Amendment (Tradeable Emission Schemes Fund) Bill, Public Finance and Audit Amendment (Budgeting and Financial Reporting) Bill and State Revenue Legislation Amendment (Budget) Bill be now read a second timeput and passed.

    Bills read a second time.

    The Speaker consented to the third reading being taken forthwith.

    Bills, on motion of Mr Whelan, on behalf of Mr Carr, read a third time.

    3 SUSPENSION OF STANDING AND SESSIONAL ORDERS

    Mr Whelan moved, That Standing and Sessional Orders be suspended to permit a motion to be moved at a later hour for the House to take note of the Budget Estimates and related papers for 2002-2003.

    Question put and passed.

    4 STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL

    The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Whelan, That this bill be now read a second time.

    Question again proposed and debate resumed.

    Question put and passed.

    Bill read a second time.

    The Speaker consented to the third reading being taken forthwith.

    Bill, on motion of Mr Whelan, read a third time.

    5 POLICE SERVICE AMENDMENT (NSW POLICE) BILL

    The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Iemma, That this bill be now read a second time.

    Question again proposed and debate resumed.

    Question put and passed.

    Bill read a second time.

    The Speaker consented to the third reading being taken forthwith.

    Bill, on motion of Mr Whelan, on behalf of Mr Iemma, read a third time.
    6 FIREARMS AMENDMENT (PUBLIC SAFETY) BILL
    SUMMARY OFFENCES AMENDMENT (PUBLIC SAFETY) BILL

    The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Iemma, That these bills be now read a second time.

    Question again proposed and debate resumed.

    Question put and passed.

    Bills read a second time.

    The Speaker consented to the third reading being taken forthwith.

    Bills, on motion of Mr Whelan, on behalf of Mr Iemma, read a third time.

    7 RADIATION CONTROL AMENDMENT BILL

    The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Debus, That this bill be now read a second time.

    Question again proposed and debate resumed.

    Question put and passed.

    Bill read a second time.

    The Speaker consented to the third reading being taken forthwith.

    Bill, on motion of Mr Whelan, on behalf of Mr Debus, read a third time.

    8 MINING LEGISLATION AMENDMENT (HEALTH AND SAFETY) BILL

    The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Woods, That this bill be now read a second time.

    Question again proposed and debate resumed.

    Question put and passed.

    Bill read a second time.

    The Speaker consented to the third reading being taken forthwith.

    Bill, on motion of Mr Whelan, on behalf of Mr Woods, read a third time.

    9 LEGAL AID COMMISSION AMENDMENT BILL

    The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Debus, That this bill be now read a second time.

    Question again proposed and debate resumed.

    Question put and passed.

    Bill read a second time.

    The Speaker consented to the third reading being taken forthwith.

    Bill, on motion of Mr Whelan, on behalf of Mr Debus, read a third time.

    10 BUDGET ESTIMATES AND RELATED PAPERS 2002-2003

    Mr Whelan moved, pursuant to the resolution of the House, That the House take note of the Budget Estimates and related papers for 2002-2003.

    Debate ensued.



    Ordered, That Mr Knowles be allowed to continue his speech for a further period of 10 minutes.



    Mr Tink moved, That this debate be now adjourned.

    Question put and passed.

    Ordered, That the resumption of the debate stand an Order of the Day for a later hour.

    11 WITNESS PROTECTION AMENDMENT BILL

    The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Debus, That this bill be now read a second time.

    Question again proposed and debate resumed.

    Question put and passed.

    Bill read a second time.

    Mr Lynch, Acting Speaker, consented to the third reading being taken forthwith.

    Bill, on motion of Mr Debus, read a third time.

    12 SUSPENSION OF STANDING AND SESSIONAL ORDERS—COUNCIL BILLS ALL STAGES

    Mr Debus moved, That Standing and Sessional Orders be suspended to allow for the progress through all stages of the Crimes Amendment (Police and Other Law Enforcement Officers) Bill and the Crimes Legislation Amendment (Penalty Notice Offences) Bill at this or any subsequent sitting of the House.
    Question put and passed.

    13 CRIMES AMENDMENT (POLICE AND OTHER LAW ENFORCEMENT OFFICERS) BILL

    The Order of the Day was read.

    Mr Debus moved, That this bill be now read a second time.

    Debate ensued.

    Question put and passed.

    Bill read a second time.

    The Deputy Speaker consented to the third reading being taken forthwith.

    Bill, on motion of Mr Debus, read a third time.

    14 CRIMES LEGISLATION AMENDMENT (PENALTY NOTICE OFFENCES) BILL

    The Order of the Day was read.

    Mr Debus moved, That this bill be now read a second time.

    Debate ensued.

    Question put.

    The House divided.

    AYES 49

    Ms Allan, Mr Amery, Ms Andrews, Mr Aquilina, Mr Ashton, Mr Barr, Mr Bartlett, Mr Black, Mr Brown, Miss Burton, Mr Collier, Mr Crittenden, Mr Debus, Mr Face, Mr Greene, Mrs Grusovin, Ms Harrison, Mr Hickey, Mr Hunter, Mr Iemma, Mr Knowles, Mr Lynch, Mr Markham, Mr Martin, Mr McBride, Mr McManus, Ms Meagher, Ms Megarrity, Mr Mills, Ms Moore, Mr Moss, Mr Newell, Ms Nori, Mr Orkopoulos, Mr E.T. Page, Mrs Perry, Mr Price, Dr Refshauge, Ms Saliba, Mr W.D. Smith, Mr Stewart, Mr Tripodi, Mr Watkins, Mr West, Mr Whelan, Mr Woods and Mr Yeadon.

    Tellers: Mr Anderson and Mr Thompson.

    NOES 33

    Mr Armstrong, Mr Brogden, Mrs Chikarovski, Mr Collins, Mr Cull, Mr Debnam, Mr George, Mr Glachan, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, Mr Humpherson, Dr Kernohan, Mr Kerr, Mr McGrane, Mr Maguire, Mr Merton, Mr O'Farrell, Mr D.L. Page, Mr Piccoli, Mr Richardson, Mr Rozzoli, Ms Seaton, Mrs Skinner, Mr Slack-Smith, Mr Souris, Mr Stoner, Mr Torbay, Mr R.W. Turner and Mr Webb.

    Tellers: Mr Fraser and Mr R.H.L. Smith.

    Pair: Ms Beamer—Mr Tink.

    Question passed.

    Bill read a second time.

    Mr Mills, Acting Speaker, consented to the third reading being taken forthwith.

    Bill, on motion of Mr Debus, read a third time.

    15 MESSAGE FROM THE LEGISLATIVE COUNCIL

    Mr Mills, Acting Speaker, reported a message from the Legislative Council dated 27 June 2002, returning the Parliamentary Remuneration Amendment (Recognised Office Holder) Bill, without amendment.

    16 MINISTERIAL STATEMENTRETIREMENT OF DR KEVIN SHERIDAN

    Mr Amery made a statement concerning the imminent retirement of Dr Kevin Sheridan, Director-General of the Department of Agriculture.

    Mr Armstrong also addressed the House.

    17 MINISTERIAL ARRANGEMENT

    Mr Carr announced that during the absence of the Minister for Community Services, Minister for Ageing, Minister for Disability Services and Minister for Women, the Minister for Transport and Minister for Roads would answer questions on behalf of the Minister.

    18 NOTICES OF MOTIONS

    19 PARLIAMENT OF NEW SOUTH WALES JOINT SERVICES

    The Speaker tabled the Report of the Parliament of New South Wales Joint Services for the year ended 30 June 2001.

    Ordered to be printed.

    20 PETITIONS

    The Clerk announced that the following members had each lodged petitions for presentation:

    Mr Barrfrom certain citizens opposing the current lease process for the Quarantine Station at Manly.

    Ms Andrewsfrom certain citizens requesting that banks provide basic services.

    Mr Rozzolifrom certain citizens requesting prosecutions relating to damage of habitat under the National Parks and Wildlife Act be properly and responsibly based.
    Mr Barrfrom certain citizens requesting the continuation of the JetCat services to Manly after 7.00 pm.

    Mr Collinsfrom certain citizens requesting a review of components of the Lane Cove tunnel works.

    Mr Collinsfrom certain citizens requesting the installation of pedestrian traffic signals on Miller Street, Cammeray.

    Mr Barrfrom certain citizens opposing any further hard surfacing and development of the crown land portion of John Fisher Park and Abbott Road Land.

    Ms Moorefrom certain citizens requesting the protection of old growth forests.

    Ms Moorefrom certain citizens opposing the use of wild animals in circuses.

    Ms Moorefrom certain citizens opposing the rezoning of the White City site.

    Mr Debnamfrom certain citizens requesting the increase of beat policing in local communities.

    Mr Georgefrom certain citizens requesting increased police numbers at Casino and for the station to be manned 24 hours a day.

    Dr Kernohanfrom certain citizens opposing the closure of the local police station servicing Warragamba and Silverdale.

    Mr Kerrfrom certain citizens requesting increased police patrols and the upgrading of the Cronulla Police Station.

    Ms Moorefrom certain citizens requesting increased police presence in the Surry Hills area.

    Mr Tinkfrom certain citizens opposing the closure of Malabar Police Station.

    21 COMMITTEE ON THE OFFICE OF THE OMBUDSMAN AND THE POLICE INTEGRITY COMMISSION

    Mr Lynch, Chairman, tabled the Report of the Committee on the Office of the Ombudsman and the Police Integrity Commission entitled “Tenth General Meeting with the NSW Ombudsman”, dated June 2002.

    Ordered to be printed.

    22 STANDING ETHICS COMMITTEE

    Mr Price, Chairman, tabled the Report of the Standing Ethics Committee entitled “Review of the Code of Conduct”, dated June 2002.

    Ordered to be printed.

    23 COMMITTEE ON THE HEALTH CARE COMPLAINTS COMMISSION

    Mr Hunter, Chairman, tabled the Report of the Committee on the Health Care Complaints Commission entitled “7th Meeting on the Annual Report of the Health Care Complaints Commission”, dated June 2002.

    Ordered to be printed.

    24 PAPER

    Mr Face, by leave, tabled the Report of the Department of Gaming and Racing entitled “Section 53 Review: Thoroughbred Racing Act 1996”, dated June 2002.

    25 NOTICES OF MOTIONS FOR URGENT CONSIDERATION

    Mr GaudryNew Stadium in Newcastle.
    Mr DebnamMotion of No Confidence in Minister for Transport and Minister for Roads.

    26 QUESTIONS

    27 MINISTERIAL STATEMENTPRESIDENT ELECT OF THE RSL

    Mr Carr made a statement concerning the President elect of the Returned and Services League, Mr Keith Hall.

    Mr Hartcher also addressed the House.

    28 MINISTERIAL STATEMENTGENETICALLY ENGINEERED FOOD CONTENT

    Mr Amery made a statement concerning genetically engineered food content.

    Mr Armstrong also addressed the House.

    29 PERSONAL EXPLANATION

    Mr O’Farrell made a personal explanation regarding remarks made by the Minister for Transport and the Minister for Roads.

    30 SUSPENSION OF STANDING AND SESSIONAL ORDERS—ROUTINE OF BUSINESS

    Mr Whelan moved, That Standing and Sessional Orders be suspended to permit:

    (1) the consideration forthwith of the motion of no confidence in the Minister for Transport and Minister for Roads notice of which was given by the Member for Vaucluse this day, with the following speaking times to apply:

    Mover - 20 minutes
    Minister in reply - 20 minutes;

    (2) debate on the notice for urgent consideration to follow; and

    (3) the postponement of private members’ statements until a later hour.

    Debate ensued.

    Question put and passed.

    31 NO CONFIDENCE IN THE MINISTER FOR TRANSPORT AND MINISTER FOR ROADS

    Mr Debnam moved, pursuant to notice, That the Hon. Patrick Carl Scully MP, Minister for Transport and Minister for Roads, no longer possesses the confidence of this House in relation to the management and the safety of the rail network and services for the people of New South Wales.

    Debate ensued.

    Question put.

    The House divided.

    AYES 32

    Mr Brogden, Mrs Chikarovski, Mr Collins, Mr Cull, Mr Debnam, Mr George, Mr Glachan, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, Mr Humpherson, Dr Kernohan, Mr Kerr, Mr Maguire, Mr Merton, Mr O'Farrell, Mr D.L. Page, Mr Piccoli, Mr Richardson, Mr Rozzoli, Ms Seaton, Mrs Skinner, Mr Slack-Smith, Mr Souris, Mr Stoner, Mr Tink, Mr J.H. Turner, Mr R.W. Turner and Mr Webb.

    Tellers: Mr Fraser and Mr R.H.L. Smith.

    NOES 52
    Mr Amery, Ms Andrews, Mr Ashton, Mr Barr, Mr Bartlett, Mr Black, Mr Brown, Miss Burton, Mr Collier, Mr Crittenden, Mr Debus, Mr Face, Mr Gaudry, Mr Gibson, Mr Greene, Mrs Grusovin, Ms Harrison, Mr Hickey, Mr Hunter, Mr Iemma, Mr Knowles, Mr Lynch, Mr Markham, Mr Martin, Mr McBride, Mr McGrane, Ms Meagher, Ms Megarrity, Mr Mills, Ms Moore, Mr Moss, Mr Newell, Ms Nori, Mr Oakeshott, Mr Orkopoulos, Mr E.T. Page, Mrs Perry, Mr Price, Dr Refshauge, Ms Saliba, Mr Scully, Mr W.D. Smith, Mr Stewart, Mr Torbay, Mr Tripodi, Mr Watkins, Mr West, Mr Whelan, Mr Woods and Mr Yeadon.

    Tellers: Mr Anderson and Mr Thompson.

    Pair: Mr Armstrong—Ms Beamer.

    Question negatived.

    32 MOTION FOR URGENT CONSIDERATION

    Mr Gaudry made a statement in support of his notice for urgent consideration.

    QuestionThat the notice for urgent consideration of the Member for Newcastle (Mr Gaudry) be proceeded withput and passed.
    33 MOTION FOR URGENT CONSIDERATIONNEW NEWCASTLE STADIUM

    Mr Gaudry moved, pursuant to notice, That this House:

    (1) Congratulates the State Government on delivering $23.6 million to help build a new stadium in Newcastle for the Hunter;

    (2) Notes the Premier personally delivered the cheque to the region today; and

    (3) Calls on the Federal Government to immediately honour its election promise by matching the State Government’s contribution.

    Upon which Mr Stoner moved, That the motion be amended by leaving out paragraph (3) with a view to inserting instead:

    “(3) Calls upon the State Government to fully fund the upgrade of this State-owned and run facility”.

    Question proposedThat the words proposed to be left out stand.

    Debate ensued.

    Question put and passed.

    QuestionThat the original motion be agreed toput and passed.

    34 PAPER

    Mr Amery, by leave, tabled the following statutory instrument:

    Workplace Injury Management and Workers Compensation Act 1998Interim Workers Compensation Commission Rules 2001. (Gazette 195A of 21 December 2001, page 10261.)

    35 PRIVATE MEMBERS' STATEMENTS

    Question proposed—That private members' statements be noted.

    Debate ensued.

    Question put and passed.

    36 SUSPENSION OF STANDING AND SESSIONAL ORDERS—BILLS ALL STAGES

    Mr Whelan moved, That Standing and Sessional Orders be suspended to allow for the progress through all stages of the Community Services Legislation Amendment Bill, the Public Sector Employment and Management Bill and the Legislation Review Bill forthwith.

    Question put and passed.

    37 COMMUNITY SERVICES LEGISLATION AMENDMENT BILL

    Mr Lynch, Acting Speaker, reported the following message from the Legislative Council:

    MR SPEAKER

    The Legislative Council having this day passed a Bill titled “A bill for an Act to amend the Community Services (Complaints, Reviews and Monitoring) Act 1993 and other Acts with respect to the monitoring of community services, complaints about community services and the reporting and investigation of deaths of children at risk and children and persons in care; to abolish the Community Services Commission and confer its functions on the Ombudsman; and for other purposes” transmits the Bill to the Legislative Assembly for concurrence.

    Legislative Council HELEN SHAM-HO
    27 June 2002 Deputy President

    Bill read a first time.

    Ordered by Mr Lynch, Acting Speaker, That the second reading stand an Order of the Day for a later hour of the day.

    38 PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT BILL

    Mr Lynch, Acting Speaker, reported the following message from the Legislative Council:

    MR SPEAKER,

    The Legislative Council having this day passed a Bill titled “A bill for an Act relating to public sector employment and management; to repeal the Public Sector Management Act 1988; to amend the Government and Related Employees Appeal Tribunal Act 1980 and other Acts and regulations; and for other purposes” transmits the Bill to the Legislative Assembly for concurrence.

    Legislative Council HELEN SHAM-HO
    27 June 2002 Deputy President

    Bill read a first time.

    Mr Whelan moved, That this bill be now read a second time.

    Debate ensued.

    Question put and passed.

    Bill read a second time.

    Mr Lynch, Acting Speaker, consented to the third reading being taken forthwith.

    Bill, on motion of Mr Whelan, read a third time.

    39 ENVIRONMENTAL PLANNING AND ASSESSMENT AMENDMENT (ANTI-CORRUPTION) BILL

    Mr Lynch, Acting Speaker, reported the following message from the Legislative Council:

    MR SPEAKER

    The Legislative Council having this day passed a Bill titled “A bill for an Act to amend the Environmental Planning and Assessment Act 1979 to deal with development consents that are tainted by corrupt conduct; to amend the Independent Commission Against Corruption Act 1988; and for other purposes” transmits the Bill to the Legislative Assembly for concurrence.

    Legislative Council JANELLE SAFFIN
    27 June 2002 Deputy President

    Bill read a first time.

    Mr Whelan moved, That this bill be now read a second time.

    Debate adjourned (Mr Tink) and the resumption of the debate made an Order of the Day for tomorrow.

    40 LEGISLATION REVIEW AMENDMENT BILL

    The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Whelan, That this bill be now read a second time.

    Question again proposed and debate resumed.

    Question put and passed.

    Bill read a second time.

    Mr Lynch, Acting Speaker, left the Chair and the House resolved itself into a Committee of the Whole for the consideration of the bill.

    Mr Lynch resumed the Chair and the Chairman reported the bill with amendments.

    On motion of Mr Whelan, the report was adopted.

    Mr Lynch consented to the third reading being taken forthwith.

    Bill, on motion of Mr Whelan, read a third time.

    41 COMMUNITY SERVICES LEGISLATION AMENDMENT BILL

    The Order of the Day was read.

    Mr Whelan moved, That this bill be now read a second time.

    Debate ensued.
    Question put and passed.

    Bill read a second time.

    Mr Mills, Acting Speaker, consented to the third reading being taken forthwith.

    Bill, on motion of Mr Whelan, on behalf of Mrs Lo Po’, read a third time.

    42 ADJOURNMENT

    Mr Whelan moved, That this House do now adjourn.

    Question put and passed.

    The House adjourned accordingly at 7.17 pm, until tomorrow, at 10.00 am.

    __________________

    Authorised by the Parliament of New South Wales


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