Notices of Motion No. 4, Thursday 4 March 1993

PARLIAMENT OF NEW SOUTH WALES
LEGISLATIVE ASSEMBLY

1993

THIRD SESSION OF THE FIFTIETH PARLIAMENT

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NOTICES OF MOTIONS
AND
ORDERS OF THE DAY
No. 4

THURSDAY 4 MARCH 1993

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ORDERS OF THE DAY^___

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"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.

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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.

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."

BUSINESS OF THE HOUSE

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Report of the Director of Marketing for the Department of Agriculture for the year ended 30 June 1992.

Report of the Animal Research Review Panel for the year ended 30 June 1992.

Report of the Animal Welfare Advisory Council for the year ended 30 June 1992.

Report of the Grains Board for the period 1 August 1991 to 31 August 1992.

Report of the Board of Surveyors for the year ended 30 June 1992.

Report of the Newcastle Showground and Exhibition Centre Trust for the year ended 30 June 1992.

Environmental Impact Statement Strategy Progress Report, dated 31 December 1992.

Special Report to Parliament, under section 32 of the Police Regulation (Allegations of Misconduct) Act and under section 31 of the Ombudsman Act, the circumstances surrounding the injuries suffered by Angus Rigg in police custody and into the subsequent police investigations.

Report under section 14 of the Timber Industry (Interim Protection) Act 1992 on the operation of the Endangered Fauna (Interim Protection) Act 1991.

Report of the Youth Advisory Council for 1991.

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That for the remainder of the present session, unless otherwise ordered, Standing Order 78 be amended by:

(i) inserting after the word "answer" where firstly occurring the words "limited to five minutes"; and

(ii) inserting the word "directly" before the word "relevant".

GOVERNMENT BUSINESS

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That leave be given to bring in a bill for an Act to provide for the review by the Public Accounts Committee of proposed private sector hospital development projects.

(Hospital Development Projects Review Bill.)

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That the Whistleblowers Protection Bill (No.2), which was introduced in the Assembly during the previous Session of the present Parliament, but was interrupted before its completion by the close of the Session, be now reintroduced at the stage it had reached at the time of such interruption.

(Whistleblowers Protection Bill.)

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That the Strata Titles (Staged Development) Amendment Bill and the Strata Titles (Leasehold Staged Development) Amendment Bill, which were introduced in the Assembly during the previous Session of the present Parliament as cognate bills, but were interrupted before their completion by the close of the Session, be now reintroduced at the stage they had reached at the time of such interruption.

(Strata Titles (Staged Development) Amendment.)

(Strata Titles (Leasehold Staged Development) Amendment.)

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3 (i) Liquor (Amendment) Bill.

Cognate bills; resumption of the adjourned debate, on the motion of Mrs Cohen, "That these bills be now read a second time" (from 2 March 1993^___Mr Face).

†4 Crimes (Registration of Interstate Restraint Orders) Amendment Bill; second reading (Mr Hartcher).

GENERAL BUSINESS

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That leave be given to bring in a bill for an Act to restrict the operation of methadone clinics in residential areas.

(Methadone Clinics (Residential Areas) Bill.)

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That leave be given to bring in a bill for an Act to protect certain lands by reserving or dedicating them as, or as parts of, national parks or nature reserves; to amend the National Parks and Wildlife Act 1974 to provide for nomination of areas for reservation or dedication under that Act; and for other purposes.

(National Parks and Wildlife (New Areas and Miscellaneous Provisions) Amendment Bill.)

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That leave be given to bring in a bill for an Act to revise the form of various oaths; to enable certain proceedings to be taken in the name of the State; to change the titles of certain offices; to make provision as to State land; and for other purposes.

(Oaths and Crown References Bill.)

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That the Banks and Bank Holidays (Amendment) Bill forwarded to the Legislative Council during the previous Session of the present Parliament not having been finally dealt with because of the prorogation of the Legislature, the following message be sent to the Council:

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A bill, intituled "An Act to amend the Banks and Bank Holidays Act 1912 with respect to the observance of public or bank holidays", forwarded to the Legislative Council for concurrence during the previous Session of the present Parliament not having been finally dealt with because of prorogation of the Legislature, the Legislative Assembly requests that the said bill be proceeded with under the Council Standing Order in that behalf.

(Banks and Bank Holidays (Amendment) Bill.)

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That leave be given to bring in a bill for an Act to provide that the powers of the Supreme Court to grant relief under the Contracts Review Act 1980 may be exercised by the Commercial Tribunal in respect of certain mortgages; and for other purposes.

(Homefund Mortgage Relief Bill.)

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That leave be given to bring in a bill for an Act to amend the Anti-Discrimination Act 1977 to render vilification on the ground of homosexuality unlawful and to create an offence of serious homosexual vilification; and for other purposes.

(Anti-Discrimination (Homosexual Vilification) Amendment Bill.)

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That the Anti-Discrimination (Amendment) Bill forwarded to the Legislative Council during the previous Session of the present Parliament not having been finally dealt with because of the prorogation of the Legislature, the following message be sent to the Council:

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A bill, intituled "An Act to amend the Anti-Discrimination Act 1977 for the purpose of rendering unlawful, in certain circumstances, discrimination on the ground of a person's age; and for other purposes", forwarded to the Legislative Council for concurrence during the previous Session of the present Parliament not having been finally dealt with because of prorogation of the Legislature, the Legislative Assembly requests that the said bill be proceeded with under the Council Standing Order in that behalf.

(Anti-Discrimination (Amendment) Bill.)

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That the Soil Conservation Service (Special Provisions) Bill forwarded to the Legislative Council during the previous Session of the present Parliament not having been finally dealt with because of the prorogation of the Legislature, the following message be sent to the Council:

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A bill, intituled "An Act to re-establish the Soil Conservation Service as an administrative office, and to consequentially amend the Public Sector Management Act 1988", forwarded to the Legislative Council for concurrence during the previous Session of the present Parliament not having been finally dealt with because of prorogation of the Legislature, the Legislative Assembly requests that the said bill be proceeded with under the Council Standing Order in that behalf.

(Soil Conservation Service (Special Provisions) Bill.)

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That leave be given to bring in a bill for an Act to amend the Public Health Act 1991 and the Business Franchise Licences (Tobacco) Act 1987 to make further provision in relation to the offence of selling tobacco to juveniles.

(Public Health (Sale of Tobacco to Juveniles) Amendment Bill.)

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That leave be given to bring in a bill for an Act to amend the Casino Control Act 1992 to make further provision with respect to the location for a casino and restrictions on slot machines in a casino and to require the Casino Control Authority to observe the rules of natural justice; and for related purposes.

(Casino Control (Amendment) Bill.)

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That the Environmental Education Bill forwarded to the Legislative Council during the previous Session of the present Parliament not having been finally dealt with because of the prorogation of the Legislature, the following message be sent to the Council:

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A bill, intituled "An Act to constitute the Environmental Education Council and to establish the Centre for Environmental Education, and to define their functions; and for other purposes", forwarded to the Legislative Council for concurrence during the previous Session of the present Parliament not having been finally dealt with because of prorogation of the Legislature, the Legislative Assembly requests that the said bill be proceeded with under the Council Standing Order in that behalf.

(Environmental Education Bill.)

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That the Moonee Beach Nature Reserve Bill forwarded to the Legislative Council during the previous Session of the present Parliament not having been finally dealt with because of the prorogation of the Legislature, the following message be sent to the Council:

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A bill, intituled "An Act to protect certain lands by dedicating them as part of Moonee Beach Nature Reserve", forwarded to the Legislative Council for concurrence during the previous Session of the present Parliament not having been finally dealt with because of prorogation of the Legislature, the Legislative Assembly requests that the said bill be proceeded with under the Council Standing Order in that behalf.

(Moonee Beach Nature Reserve Bill.)

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That leave be given to bring in a bill for an Act to amend the Credit Act 1984 to set a maximum annual percentage rate for regulated contracts, to prohibit credit activities at certain residential or other premises, and for other purposes.

(Credit (Amendment) Bill.)

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That leave be given to bring in a bill for an Act to require certain works to be carried out so as to enable the re-opening of the Pacific Highway north of the Hawkesbury River Bridge.

(Pacific Highway (Cheero Point) Re-opening Bill.)

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That this House in commemorating the Fiftieth Anniversary of the Fall of Singapore records its appreciation of the bravery and sacrifice of thousands of the residents of New South Wales in the Singapore and South East Asian campaigns from January to March 1942.

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That this House notes the debate about Constitutional Monarchy and deplores its politicisation by the Prime Minister.

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(1) Calls upon the Motor Accidents Authority to justify how it condones the present financial arrangements between Commercial Union Insurance and the National Party which provide that part of the premium paid for compulsory third party personal injury insurance, being redirected to the National Party by way of a commission to party members and branches.

(2) Calls upon the Attorney General:

(b) to establish guidelines and qualifications for persons, companies and organisations involved in the issuing of compulsory insurance policies.

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(1) That a Select Committee be appointed with the following terms of reference to consider and report upon:

(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

(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.

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That this House deprecates the actions of the member for Ashfield, the member for Marrickville and the member for Drummoyne for intruding upon the electorate office of the member for Strathfield and harassing his electorate staff in his absence, as well as bringing the media into his office without his permission.

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That this House views with grave concern the proposals to close Western Suburbs Hospital thus denying district hospital services to the communities who rely on such services including the electorates of Ashfield and Strathfield.

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That this House views with grave concern the proposals to close Balmain Hospital thus denying district hospital services to the communities of Leichhardt, Rozelle, Balmain and Lilyfield.

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(1) That a Joint Select Committee be appointed to consider and report upon the most equitable system of funding for the provision of fire, rescue and emergency services.

(2) That the committee consist of six members of the Legislative Assembly and four members of the Legislative Council.

(3) That Mr Anderson, Mr Bowman, Mrs Chikarovski, Mr Cochran, Dr Kernohan and Mr Windsor be appointed to serve on such committee as members of the Legislative Assembly.

(4) That at any meeting of the committee five members shall constitute a quorum, provided that the committee meets as a joint committee at all times.

(5) That such committee have leave to sit during the sittings or any adjournment of either or both Houses; to adjourn from place to place; have leave to make visits of inspection within New South Wales; have power to take evidence and send for persons and papers; and to report from time to time.

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(1) That this House authorise the filming with sound of the proceedings of the Legislative Assembly and that such filming and sound commence at the Question Time following the passage of this resolution.

(2) That in the interim, the conditions laid down by the House of Representatives shall, with appropriate changes, apply pending adoption of permanent guidelines by a Select Committee of this House.

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(1) Views with great concern the allegations made against the member for The Hills including:

(a) Breaches of the Listening Devices Act by the Packard Motor Company which have led to investigations by the Major Crime Squad;

(b) Breaches of company law which have led to an investigation by the Australian Securities Commission;

(c) The adverse report of the Department of Consumer Affairs on the Packard Motor Company, action on which is still pending;

(d) That the Packard Motor Company failed to pay employee superannuation contributions into its superannuation fund from 1 May 1991;

(e) That the Packard Motor Company breached various legally binding overtime provisions of industrial awards which have led to an investigation by the Federal Department of Industrial Relations and actions before the State Industrial Commission;

(f) That the Packard Motor Company and related companies failed to pay State and Federal taxes, including sales and group tax, payroll tax, motor vehicle registration fees and stamp duties;

(g) That the member for The Hills, as Principal Director of the Packard Motor Company placed political pressure on a major creditor of the company in order to avoid its debts;

(h) That in April 1991 the member for The Hills owed a personal debt of $225,000 on a number of items including a boat and that the debt was transferred to the used car inventory of the Packard Motor Company;

(i) That the Company's Fixed Asset Register has disappeared and is unable to be located by the receiver;

(j) That the member for The Hills was aware as early as December 1990 that the Packard Motor Company was insolvent due to overspending;

(k) That when the member for The Hills was aware that the company was insolvent he continued to drain funds from the Packard Motor Company for his personal use;

(l) That funds belonging to the Packard Motor Company were diverted for the use of the business owned by the wife of the member for The Hills;

(m) That outstanding loans on trade-in vehicles have not been paid out by the Packard Motor Company despite assurances to customers that they have.

(2) Accordingly, because such allegations if substantiated would have serious implications for his capacity to remain a member of this House, the member for The Hills be called upon to explain his conduct forthwith.

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(1) That a Select Committee be appointed to examine and report upon the following terms of reference:

(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.

(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

(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.

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That this House calls upon the Government to:

(a) immediately provide compensation for Douglas Harry Rendell;

(b) release all sections of the section 475 inquiry under the Crimes Act and commence where evidence exists any prosecution as may be evidenced in such report; and

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That this House supports the bid by Tomago Shipyard to build Navy minehunters and calls on the Australian Government to give favourable consideration to this bid from the Newcastle shipbuilder.

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That this House orders the Standing Orders and Procedure Committee to meet at least once each sitting week.

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(1) That this House expresses deep concern at:

(a) The closure of Newvale No. 1 State Coal Mine;

(b) The prospective sale of Munmorah State Mine and other State coal mines;

(d) The awarding of coal supply contracts for power stations to privately owned mines, in preference to State coal mines;

(e) The secrecy surrounding the tendering process, for the awarding of coal supply contracts for power stations.

(2) That the foregoing matters be referred to the Public Accounts Committee for investigation and report.

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That this House expresses deep concern at:

(1) The closure of Newvale No. 1 State Coal Mine and the resultant loss of 114 jobs; and

(2) The winding down of Awaba State Mine and resultant loss of 83 jobs.

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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.

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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.

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That this House expresses deep concern at the number of families to be effected in the electorate of Charlestown arising from the closure of Newvale No. 1 State Coal Mine and the prospective sale of Munmorah State Mine and other State coal mines.

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That this House:

(1) Condemns the failure of the Fahey Government to act on the recommendations of the Report of the Committee on Aborigines and Local Government in New South Wales, the Report of the Committee of Inquiry into Local Government Ratings and other Revenue Powers and Resources, the Department of Local Government Paper on the Rating of Aboriginal Land; and

(2) Calls on the Government to implement the recommendations of the aforementioned reports and that of the Ombudsman to address the `maladministration’ by the Office of Aboriginal Affairs in relation to the Toomelah community.

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(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:

consumer convenience;

cost to the consumer;

efficiency;

environmental benefits; and

human health.

(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

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(1) The financial performance of the Authority and its achievement of value for money in road design and construction.

(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.

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That this House views with grave concern the proposals to close Balmain and Western Suburbs Hospitals thus denying district hospital services to the community within the electorates of Drummoyne and Strathfield.

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That this House in recognition of organ and tissue donation by people of New South Wales, pays tribute to and records its appreciation of Nicholas Stone whose unselfish decision to donate his organs at his tragic death at age nine; and all donors and their families whose unselfish and courageous behaviour has made possible life and sight saving transplant operations for other members of the community.

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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.

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That this House notes with concern the impact of feral cats on native fauna.

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That this House calls upon the Government that January 1 each year be proclaimed as Federation Day in commemoration of the inauguration of the Federal Constitution on 1 January 1901 under which the six separate colonies became one nation.

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That this House condemns the statements by the Leader of the National Party, Tim Fischer, and Shadow Minister for Tourism, David Jull, for advocating the lifting of the curfew at Kingsford Smith Airport.

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That this House calls on the Government to hold public hearings before the granting of private hospital bed licences.

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"(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.

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GENERAL BUSINESS

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Authorised by the Parliament of New South Wales

PARLIAMENT OF NEW SOUTH WALES

Notices of Motion No. 4, Thursday 4 March 1993

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