PARLIAMENT OF NEW SOUTH WALES
LEGISLATIVE ASSEMBLY
1994
FOURTH SESSION OF THE FIFTIETH PARLIAMENT
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NOTICES OF MOTIONS
AND
ORDERS OF THE DAY
No. 6
TUESDAY 15 MARCH 1994
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ORDERS OF THE DAY—
1 The Governor's Opening Speech: resumption of the adjourned debate on motion of Mr Blackmore, That the following Address in Reply to the Governor's Opening Speech be adopted by this House—
"To His Excellency Rear Admiral PETER ROSS SINCLAIR, Companion of the Order of Australia, Governor of the State of New South Wales in the Commonwealth of Australia.
MAY IT PLEASE YOUR EXCELLENCY—
We, Her Majesty's loyal and dutiful subjects, the Members of the Legislative Assembly of New South Wales, in Parliament assembled, desire to express our thanks for Your Excellency's speech, and to affirm our sincere allegiance to Her Most Gracious Majesty.
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We beg to assure Your Excellency that our earnest consideration will be given to the measures to be submitted to us, that we will faithfully carry out the important duties entrusted to us by the people of New South Wales, and that the necessary provision for the Public Services will be made in due course.
We join Your Excellency in the hope that, under the guidance of Divine Providence, our labours may be so directed as to advance the best interests of all sections of the community."
GOVERNMENT BUSINESS
ORDERS OF THE DAY
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1 Consideration of the message from the Legislative Council requesting that the Workers Compensation Legislation (Further Amendment) Bill forwarded to the Legislative Assembly be proceeded with under the Assembly's Standing Orders (Mr West).
GENERAL BUSINESS
NOTICES OF MOTIONS (for Bills)—
1 Mr WHELAN to move—
That leave be given to bring in a bill for an Act to amend the Crimes Act 1900 so as to prevent accused persons from being convicted on the basis of uncorroborated confessions, to reduce the incidence of accused persons being convicted on the basis of false testimony and to facilitate the initiation of judicial inquiries into doubtful convictions.
(Crimes (Unreliable Testimony) Amendment Bill.)
2 Mr MARTIN to move—
That leave be given to bring in a bill for an Act to amend the Stock Medicines Act 1989 to prohibit the use of hormones to promote growth of cattle; and for related purposes.
(Stock Medicines (Prohibition of Growth Hormones) Amendment Bill.)
3 Mr WHELAN to move—
That leave be given to bring in a bill for an Act to amend the Crimes Act 1900 in relation to apprehended violence.
(Crimes (Apprehended Violence) Amendment Bill.)
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4 Ms MOORE to move—
That leave be given to bring in a bill for an Act to constitute the Wolli Park Trust and to define its functions; to vest certain land in the Trust; to make consequential amendments to other Acts; and for other purposes.
5 Mr MARKHAM to move—
That leave be given to bring in a bill for an Act to amend the National Parks and Wildlife Act 1974 to make provision for the return of Aboriginal remains and cultural artefacts to Aboriginal custody; and for other purposes.
(National Parks and Wildlife (Return of Aboriginal Remains and Cultural Artefacts) Amendment Bill.)
6 Mr NAGLE to move—
That leave be given to bring in a bill for an Act to amend the Industrial Relations Act 1991 to make provision for the payment of compensation in respect of the termination of certain contracts of carriage arrangements; and for other purposes.
(Industrial Relations (Contracts of Carriage) Amendment Bill.)
7 Mr HATTON to move—
That leave be given to bring in a bill for an Act to provide for a referendum in relation to the privatisation of core government services.
(Privatisation of Core Government Services Bill.)
ORDERS OF THE DAY
(for Bills)—
1 Data Protection Bill; resumption of the adjourned debate, on the motion of Mr Tink, "That this bill be now read a second time" (from 27 February 1992—Mr Whelan).
2 Government Publicity Control Bill; resumption of the adjourned debate, on the motion of Mr Carr, "That this bill be now read a second time (from 6 March 1992—Mr Murray).
(Referred to a Legislation Committee—Reported 29 April 1993.)
3 Forestry (Amendment) Bill; resumption of the adjourned debate, on the motion of Dr Macdonald, "That this bill be now read a second time" (from 8 May 1992—Mr West).
(Referred to a Legislation Committee—Reported 11 March 1993.)
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4 National Parks and Wildlife (New Areas and Miscellaneous Provisions) Amendment Bill; resumption of the adjourned debate, on the motion of Dr Macdonald, "That this bill be now read a second time" (from 4 March 1993—Mr Hartcher).
5 Public Health (Sale of Tobacco to Juveniles) Amendment Bill; resumption of the adjourned debate, on the motion of Dr Refshauge, "That this bill be now read a second time" (from 11 March 1993—Mr Phillips).
6 Occupational Health and Safety (Smoke-free Indoor Air) Amendment Bill; resumption of the adjourned debate, on the motion of Dr Macdonald, "That this bill be now read a second time" (from 29 April 1993—Mr Phillips).
7 South Tweed TAFE College Land Bill; resumption of the adjourned debate, on the motion of Mr Face, "That this bill be now read a second time" (from 13 May 1993—Mr Beck).
8 Workers Compensation (Journey Claims) Amendment Bill; resumption of the adjourned debate, on the motion of Mr Yeadon, "That this bill be now read a second time" (from 20 May 1993—Mr Nagle).
9 Public Finance and Audit (Special Dividends) Amendment Bill; resumption of the adjourned debate, on the motion of Mr J. H. Murray, "That this bill be now read a second time" (from 21 May 1993—Mr Humpherson—speaking).
10 Lake Macquarie State Recreation Area Bill; resumption of the adjourned debate, on the motion of Mr Hunter, "That this bill be now read a second time" (from 9 September 1993—Mr Cruickshank—speaking).
11 Threatened Species Conservation Bill; resumption of the adjourned debate, on the motion of Dr Macdonald, "That this bill be now read a second time" (from 16 September 1993—Mr Downy).
12 Industrial Relations (Sick Leave) Amendment Bill; resumption of the adjourned debate, on the motion of Mr Yeadon, "That this bill be now read a second time" (from 28 October 1993—Mr Hartcher).
13 Consumer Claims Tribunals (Fees) Amendment Bill; resumption of the adjourned debate, on the motion of Mr Amery, "That this bill be now read a second time" (from 11 November 1993—Mr Jeffery).
14 Retail Tenancies (Code of Practice) Bill; resumption of the adjourned debate, on the motion of Mr Peacocke, "That this bill be now read a second time" (from 18 November 1993—Mr Amery).
15 HomeFund Legislation (Amendment) Bill; resumption of the adjourned debate, on the motion of Mrs Grusovin, "That this bill be now read a second time" (from 3 March 1994—Ms Machin).
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ORDERS OF THE DAY (General Orders)—
1 Select Committee upon Elcom Power Line Resumptions; resumption of the adjourned debate, on the motion of Mr Rogan—
"(1) That a Select Committee be appointed with the following terms of reference to consider and report upon:
(a) Elcom's practices in relation to the resumption of land for the construction of Elcom high voltage power lines in New South Wales;
(b) in particular, to consider and report on the manner and methods used to resume land for the construction of a high voltage power line between Mount Piper and Marulan;
(c) the manner in which Elcom offered or failed to offer compensation, and the value of that compensation, to land owners; and
(d) any other matter relevant to the committee's inquiry, including any actions taken against any of the land owners.
(2) That the committee consist of Mr Clough, Mr Glachan, Mr Merton, Mr Nagle, Mr Rogan, Mr Small and Mr Windsor.
(3) That at any meeting of the committee three members shall constitute a quorum.
(4) That such committee have leave to meet during any sitting or any adjournment of the House; to adjourn from place to place; to make visits of inspection within New South Wales and the Commonwealth of Australia; and have power to take evidence and send for persons and papers and to report from time to time." (from 3 March 1994—Mr West).
2 Hospital Financial Management reference to the Public Accounts Committee; resumption of the adjourned debate, on the motion of Dr Refshauge—
"That this House hereby refers the following terms of reference to the Public Accounts Committee—
To inquire into and report within six months upon hospital financial management with particular reference to:
(a) the accounting and financing methods of public sector teaching hospitals to ensure they comply with accounting standards;
(b) the reasons for the alleged budget overrun at the Central Sydney Area Health Service;
(c) the adequacy of the existing budget to ensure the viability of Royal Prince Alfred Hospital's continued tertiary referral, teaching and local community roles." (from 3 March 1994—Mr Phillips).
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3 Private Hospital Bed Licences; resumption of the adjourned debate, on the motion of Dr Refshauge—
"That this House calls on the Government to hold public hearings before the granting of private hospital bed licences." (from 3 March 1994—Mr Phillips).
NOTICES OF MOTIONS (General Notices)—
C1 Mr HUNTER to move—
(1) That a Select Committee be appointed to examine and report upon the following terms of reference:
(a) The extent of lead pollution past and present in New South Wales;
(b) The impact of lead pollution on the health of people in the community, especially infants and school children, in particular the emissions from:
(i) the Pasminco Metals-Sulphide smelter at Boolaroo;
(ii) the Southern Copper smelter at Port Kembla;
(iii) mining, processing and smelting operations at Broken Hill;
(iv) other mining operations in New South Wales;
(v) other lead based industries in New South Wales including lead-acid battery manufacture; and
(vi) motor vehicles with particular emphasis on inner city areas and known locations of traffic congestion.
(c) To recommend:
(i) strategies, measures and priorities for remediation of contaminated areas, properties, buildings and waterways;
(ii) strategies, measures and priorities for monitoring the health of persons at risk in the community;
(iii) a timetable for enforcement of lower national and international goals, guidelines and standards for lead in blood and ambient air quality;
(iv) the extent of financial responsibility of the polluting industries for the cost of remediation and monitoring;
(v) guidelines for action by the Environmental Protection Authority on emission and discharge limits in industry operating licences; and
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(vi) any other action deemed necessary to address the lead problem.
(2) That the committee consist of Mr Beckroge, Mr Hunter, Mr Kinross, Ms Nori, Mr Petch and Mr Rixon.
(3) That at any meeting of the committee any 4 members shall constitute a quorum.
(4) That the committee have leave to sit during the sittings or any adjournments of the House; to adjourn from place to place; to make visits of inspection within New South Wales and the Commonwealth and have power to take evidence and send for persons and papers; and to report from time to time.
2 Mr FRASER to move—
That this House condemns the North East Forest Alliance for the irresponsible action on 18 November 1992 whereby they harassed staff of the Forestry Commission and wilfully damaged property at the Pennant Hills Forestry Office.
3 Mr MARTIN to move—
That the Minister for Agriculture fully explain the circumstances surrounding his or the Department of Agriculture's involvement in the Narromine Feedlot Case and calls upon the Minister for Agriculture to specifically advise the House of the cost implications involved by the Department of Agriculture with this case and to table all correspondence between himself, the Department of Agriculture and Narromine Shire Council.
C4 Mr LANGTON to move—
(1) That a Select Committee be appointed to consider and report upon:
(a) the optimum system for New South Wales to monitor motor vehicle emissions and to report on air quality generally in New South Wales, and in metropolitan Sydney in particular;
(b) the advantages and disadvantages of overseas systems, including those of the United States and Europe, of inspection and maintenance for motor vehicles, to ensure that motor vehicle emissions are reduced to the maximum practicable extent;
(c) the advantages and disadvantages of centralised and decentralised systems of inspection and maintenance, for motor vehicles demonstrated by overseas experience in terms of:
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•environmental benefits; and
(d) the efficiency of overseas systems of "test and repair" stations, in which motor vehicle emissions are tested and any faults are repaired, within a single organisation;
(e) the investigation of adequacy of current measures designed to improve air quality, and the matter of air quality generally in New South Wales, and in metropolitan Sydney in particular;
(f) the effectiveness and local relevance of alternative technological systems for monitoring motor vehicle emissions;
(g) to recommend on whether or not an inspection system for vehicle emissions should be introduced in New South Wales, and if so, to recommend which type of system is introduced.
(2) That the committee consist of Mr Gaudry, Mr Humpherson, Mr Langton, Dr Macdonald and Mr Rixon.
(3) That at any meeting of the committee any three members shall constitute a quorum.
(4) That the committee have leave to sit during the sittings or any adjournment of the House; to adjourn from place to place; to make visits of inspection within New South Wales, interstate and overseas; and have power to take evidence and send for persons and papers; and to report from time to time.
(5) That should the House stand adjourned and the committee agree to any report before the House resumes sitting;
(a) the committee have leave to send any such report, minutes and evidence taken before it to the Clerk of the House;
(b) the documents shall be printed and published and the Clerk shall forthwith take such action as is necessary to give effect to the order of the House; and
(c) the documents shall be laid upon the Table of the House at its next sitting.
5 Mr LANGTON to move—
That in accordance with section 57 1 (f) of the Public Finance and Audit Act 1983, this House refers the following matters relating to the Roads and Traffic Authority to the Public Accounts Committee for investigation and report—
(1) The financial performance of the Authority and its achievement of value for money in road design and construction.
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(2) The future expenditure needs of the Authority.
(3) The future revenue needs of the Authority and available options.
(4) The administration structure of the Authority taking into account current regional structures and whether the existing structure creates overlaps in regional administration and/or policy implementation.
(5) Whether a Board structure would be appropriate to improve accountability.
(6) The adherence of the Authority to existing accountability mechanisms including Budget information and its Annual Report and means to further expand public accountability.
(7) Any other matters the Committee considers appropriate in the conduct of its investigation including the Authority's use of consultants and contractors, tendering procedures, senior executive service, computerisation, involvement in the Environmental Impact Statement process, relationship with private sector developers and asset management.
6 Ms ALLAN to move—
That this House, pursuant to Standing Order 54, orders to be laid before the House the following documents:
(1) KPMG Peat Marwick—Review of Tax Implications for Board re: Corporatisation/Privatisation; and
(2) National Economic Research Associates (NERA)—Model for Corporatisation/ Privatisation of the Water Board.
7 Mr MOSS to move—
That this Government be condemned for its decision to:
(1) Replace the Canterbury Hospital and Western Suburbs Hospital with only one hospital, resulting in an overall loss of 53 beds.
(2) To close the Canterbury Hospital which will:
(a) deny any reasonable access to a district hospital for the 140,000 persons residing within the Canterbury Hospital feeder region; and
(b) will shut down numerous health services in an economically depressed region of Sydney, whose inhabitants have no other means than to rely on the public health system.
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8 Mr WHELAN to move—
That this House requests the Legislative Council to consider the Parliamentary Electorates and Elections (Method of Voting) Amendment Bill as introduced by the member for Ashfield and passed by the Legislative Assembly.
9 Mr WHELAN to move—
That this House refers to the Standing Orders and Procedure Committee the rules relating to supplementary questions.
10 Mr HARRISON to move—
That this House express total opposition to the closure and/or sale of the David Berry Hospital.
11 Mr WHELAN to move—
That this House supports the payment of legal assistance to Dr Michael Ryan in the investigation by the Independent Commission Against Corruption into the settlement of the Treasurer's private defamation action.
12 Mr WHELAN to move—
That a public inquiry be established to examine and to review the provisions of the victims compensation and the operations of Victims Compensation Act, 1987 and the Victims Compensation Tribunal with the following terms of reference:
•To examine the basis upon which a person may be entitled to victims compensation and in particular as to whether the existing definition of an "act of violence" is an adequate or proper statutory means of determining entitlement.
•To examine the basis upon which compensation is to be determined and in particular as to whether common law principles should apply.
•To examine the way in which victims compensation applications should be determined and in particular as to whether such applications should be determined by way of a tribunal based system or one operated by the Courts.
•To examine where applicants for victims compensation should be entitled, as of right, to a hearing as distinct from a determination of the matter without a hearing.
•To examine the way in which victims of sexual assault have their applications determined with a view to removing delay and anxiety occasioned to such victims.
•To examine and make recommendations in respect of the availability of counselling and specialist services to the victims of sexual assault and victims of crime generally.
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•To examine the way in which moneys are recovered from offenders.
•To examine the methods of payment of legal costs and actual expenses in actions against the Victims Compensation Tribunal.
•To examine the role played by the Attorney General and the Attorney General's Department.
13 Dr REFSHAUGE to move—
That this House calls on the Minister for Health to ensure that the new Inner West Hospital has at least a Level 4 Accident and Emergency Service.
14 Mr WHELAN to move—
That for the remainder of the session, unless otherwise ordered, Standing Order 78 be amended by:
(i) inserting after the word "answer" where first occurring the words "limited to five minutes"; and
(ii) inserting the word "directly" before the word "relevant".
ORDERS OF THE DAY (General Orders) (from previous session)—
1 Standing Committee upon Parliamentary Privilege; resumption of the adjourned debate, on the motion of Mr Whelan—
"(1) That a Standing Committee upon Parliamentary Privilege be appointed to consider and report upon any matters relating to privilege which may be referred to it by the House.
(2) That such committee have leave to sit during the sittings or any adjournment of the House, and have power to take evidence and send for persons and papers.
(3) That such committee have power to confer with any committee appointed for similar purposes by the Legislative Council.
(4) That such committee consist of Ms Machin, Mr Merton, Ms Nori, Mr Packard, Mr Thompson and the mover" (from 27 February 1992—Mr Turner).
RUSSELL D. GROVE
Clerk of the Legislative Assembly
Authorised by the Parliament of New South Wales