VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 6 September 2011
311
LEGISLATIVE ASSEMBLY
2011
FIRST SESSION OF THE FIFTY-FIFTH PARLIAMENT
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VOTES AND PROCEEDINGS
No. 37
TUESDAY 6 SEPTEMBER 2011
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The House met at 12.00 noon pursuant to adjournment. The Speaker took the Chair, read the prayer and acknowledged the traditional owners, thanking them for their custodianship of country.
2 APPROPRIATION BILL
DUTIES AMENDMENT (FIRST HOME—NEW HOME) BILL
Mr Mike Baird moved, That the following cognate bills be now introduced:
(i) A bill for an Act to appropriate out of the Consolidated Fund sums for the recurrent services and capital works and services of the Government for the year 2011-12; and for other purposes.
(ii) A bill for an Act to amend the Duties Act 1997 in relation to the duty exemptions and concessions available to first home buyers.
Question put and passed.
Bills introduced.
Mr Mike Baird moved, That these bills be now agreed to in principle.
Debate adjourned (Mr John Robertson) and the resumption of the debate made an order of the day for a future day.
Mr Mike Baird tabled:
Budget Speech 2011-12 (Budget Paper No. 1).
Budget Statement 2011-12 (Budget Paper No. 2).
Budget Estimates 2011-12, (Budget Paper No. 3).
Infrastructure Statement 2011-12 (Budget Paper No. 4).
Long–Term Fiscal Pressures Report 2011-12 (Budget Paper No. 6).
Budget Overview 2011-12.
Ordered to be printed.
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The Speaker left the Chair at 12.33 pm.
The Acting Speaker (Ms Melanie Gibbons) resumed the Chair at 1.00 pm.
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4 PRIVATE MEMBERS’ STATEMENTS
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The Acting Speaker (Ms Melanie Gibbons) left the Chair at 1.59 pm.
The Speaker resumed the Chair at 2.15 pm.
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5 MESSAGES FROM THE GOVERNOR
The Speaker reported messages from Her Excellency the Governor assenting to the following bills:
1 September 2011
Act No. 30 Australian Jockey and Sydney Turf Clubs Merger Amendment Bill
Act No. 31 Gaming Machine Tax Amendment Bill
Act No. 32 Restart NSW Fund Bill.
6 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
Mr Ray Williams—State Budget.
Mr Michael Daley—State Budget.
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Following a request from Mr Chris Patterson pursuant to standing order 131 (3), the Minister for Health, and Minister for Medical Research provided additional information.
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(1) Mr Barry O’Farrell tabled a document entitled “NSW 2021: A Plan to Make NSW Number One”, dated September 2011.
Ordered to be printed.
(2) Mr Greg Smith tabled:
Children’s Court of New South Wales Practice Note No. 4 entitled “Short Term Care Orders Pilot Project”, dated 17 June 2011.
Children’s Court of New South Wales Practice Note No. 5 entitled “Case Management in Care Proceedings”, dated 2 September 2011.
Children’s Court of New South Wales Practice Note No. 6 entitled “Children’s Court Clinic Assessment Applications and Attendance of Authorised Clinicians at Hearings, Dispute Resolution Conferences and External Mediation Conferences”, dated 2 September 2011.
(1) The Speaker, in accordance with section 31AA of the Ombudsman Act 1974, announced receipt of the report of the NSW Ombudsman entitled “Keep Them Safe”, dated August 2011 (received 30 August 2011).
Ordered to be printed.
(2) The Speaker, in accordance with section 43 of the Community Services (Complaints, Reviews and Monitoring) Act 1993, tabled the report of the NSW Ombudsman entitled “Report of Reviewable Death in 2008 & 2009 – Volume 2: Deaths of people with disabilities in care”, dated September 2011.
Ordered to be printed.
10 INDEPENDENT COMMISSION AGAINST CORRUPTION
The Speaker, in accordance with section 78 of the Independent Commission Against Corruption Act 1988, announced receipt of the report of the Independent Commission Against Corruption entitled “Investigation into corrupt conduct involving fraud on two Sydney hospitals”, dated August 2011 (received 31 August 2011).
Ordered to be printed.
11 STATE OWNED CORPORATION ACT
The Clerk, in accordance with section 27 of the State Owned Corporations Act 1989, announced receipt of the Statements of Corporate Intent for the year ending 30 June 2012 of: Newcastle Port Corporation; Port Kembla Port Corporation; and TransGrid (received 2 September 2011).
12 JOINT STANDING COMMITTEE ON ROAD SAFETY
Mr Greg Aplin, Chair, in accordance with standing order 299 (1), informed the House that the Joint Standing Committee on Road Safety had received a referral from the Minister for Roads and Ports to conduct an inquiry into School Zone Safety, the full details of which were available on the Committee’s home page.
13 LEGISLATION REVIEW COMMITTEE
Mr Stephen Bromhead, Chair, tabled the report of the Legislation Review Committee entitled “Legislation Review Digest 3/55”, dated 6 September 2011.
Ordered to be printed.
Mr Stephen Bromhead also tabled the minutes of committee meeting no. 3 regarding Legislation Review Digest 2/55.
14 STATUTORY RULES AND INSTRUMENTS
The Clerk tabled notices of the making of the following statutory rules and instruments published on the Legislation Website (LW) or in the Government Gazette (GG):
(1) For the week ended 26 August 2011
Annual Holidays Act 1944—Annual Holidays Regulation 2011 (LW 26 August 2011).
Births, Deaths and Marriages Registration Act 1995—Births, Deaths and Marriages Registration Regulation 2011 (LW 26 August 2011).
Building and Construction Industry Long Service Payments Act 1986—Building and Construction Industry Long Service Payments Regulation 2011 (LW 26 August 2011).
Children (Criminal Proceedings) Act 1987—Children (Criminal Proceedings) Regulation 2011 (LW 26 August 2011).
Combat Sports Act 2008—Combat Sports Amendment (Prohibited Venues) Regulation 2011 (LW 26 August 2011).
Drug Misuse and Trafficking Act 1985—Drug Misuse and Trafficking Regulation 2011 (LW 26 August 2011).
Fitness Services (Pre-paid Fees) Act 2000—Fitness Services (Pre-paid Fees) Regulation 2011 (LW 26 August 2011).
Funeral Funds Act 1979—Funeral Funds Regulation 2011 (LW 26 August 2011).
Health Services Act 1997—Health Services Amendment (Ambulance Service) Regulation 2011 (LW 26 August 2011).
Long Service Leave (Metalliferous Mining Industry) Act 1963—Long Service Leave (Metalliferous Mining Industry) Regulation 2011 (LW 26 August 2011).
Long Service Leave Act 1955—Long Service Leave Regulation 2011 (LW 26 August 2011).
Motor Vehicle Repairs Act 1980—Motor Vehicle Repairs Regulation 2011 (LW 26 August 2011).
Ombudsman Act 1974—Ombudsman Regulation 2011 (LW 26 August 2011).
Sydney Harbour Foreshore Authority Act 1998—Sydney Harbour Foreshore Authority Regulation 2011 (LW 26 August 2011).
Sydney Water Act 1994—Sydney Water Regulation 2011 (LW 26 August 2011).
Travel Agents Act 1986—Travel Agents Regulation 2011 (LW 26 August 2011).
Water Management Act 2000—Water Management (River Murray Traffic) Regulation 2011 (LW 26 August 2011).
Western Lands Act 1901—Western Lands Regulation 2011 (LW 26 August 2011).
(2) For the week ended 2 September 2011
Building Professionals Act 2005—Amendment to Accreditation Scheme under section 4 (7) (GG No. 86 of 2 September 2011, p 5328).
Children’s Court Act 1987—
(a) Practice Note No 5—Case Management in Care Proceedings (GG No. 86 of 2 September 2011, p 5360).
(b) Practice Note No 6—Children’s Court Clinic Assessment Applications and Attendance of Authorised Clinicians at Hearings, Dispute Resolution Conferences and External Mediation Conferences (GG No. 86 of 2 September 2011, p 5367).
Petroleum (Onshore) Act 1991—Petroleum (Onshore) Amendment (Audit) Regulation 2011 (LW 2 September 2011).
Water Management Act 2000—Water Management (General) Regulation 2011 (LW 1 September 2011).
15 PETITION SIGNED BY 10,000 OR MORE PERSONS
The Speaker announced that the following member had lodged a petition for presentation signed by 10,000 or more persons:
Ms Clover Moore—from certain citizens requesting a ban on exotic animals performing in circuses.
(1) The Clerk announced that the following members had each lodged petitions for presentation:
Ms Clover Moore—from certain citizens requesting the provision of bus services to the Walsh Bay precinct and the provision of ferry services to the new wharf at Pier 2/3.
Ms Clover Moore—from certain citizens opposing the sale of animals in pet shops.
Ms Clover Moore—from certain citizens requesting an increase in funding for mental health services.
(3) The Clerk also announced receipt of the following ministerial responses to petitions signed by 500 or more persons:
The Hon Adrian Piccoli—lodged 2 August 2011—Construction of a high school in the Kellyville Ridge/Stanhope Gardens/The Ponds area—(Mr Kevin Conolly).
The Hon Greg Smith—lodged 23 August 2011—Death of Lynette Joy Dawson—(Mr Mike Baird).
17 MESSAGE FROM THE LEGISLATIVE COUNCIL—JOINT SELECT COMMITTEE ON THE PARLIAMENTARY BUDGET OFFICE
The Speaker reported the following message from the Legislative Council:
Madam SPEAKER
The Legislative Council desires to inform the Legislative Assembly that it agreed to the following resolution on Friday 26 August 2011:
That Ms Fazio be discharged from the Joint Select Committee on the Parliamentary Budget Office and Mr Secord be appointed as a member of the committee.
Legislative Council DON HARWIN
6 September 2011 President
18 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
(1) Mr Ray Williams made a statement in support of his notice being accorded priority over the other business of the House.
(2) Mr Michael Daley also made a statement in support of his notice being accorded priority—
That this House condemns the Government for delivering a Budget that will hurt the people of New South Wales and hurt the State’s economy.
Question—That the motion of the member for Hawkesbury be accorded priority—put.
The House divided.
AYES 66
Mr Anderson, Mr Annesley, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Mr Bassett, Mr Baumann, Ms Berejiklian, Mr Bromhead, Mr Brookes, Mr Cansdell, Mr Casuscelli, Mr Conolly, Mr Constance, Mr Cornwell, Mr Coure, Mrs Davies, Mr Dominello, Mr Doyle, Mr Edwards, Mr Elliott, Mr Evans, Mr Flowers, Mr Fraser, Mr Gee, Mr George, Ms Gibbons, Ms Goward, Mr Hartcher, Mr Hazzard, Mr Holstein, Mr Humphries, Mr Issa, Mr Kean, Dr Lee, Mr Notley-Smith, Mr O’Dea, Mr O’Farrell, Mr Owen, Mr Page, Ms Parker, Mr Patterson, Mr Perrottet, Mr Piccoli, Mr Provest, Mr Roberts, Mr Rohan, Mr Rowell, Mrs Sage, Mr Sidoti, Mrs Skinner, Mr Smith, Mr Souris, Mr Speakman, Mr Spence, Mr Stokes, Mr Toole, Mr Torbay, Ms Upton, Mr Ward, Mr Webber, Mr R.C. Williams and Mrs Williams.
Tellers: Mr Maguire and Mr J.D. Williams.
NOES 22
Mr Barr, Ms Burney, Ms Burton, Mr Daley, Ms Hay, Ms Hornery, Ms Keneally, Mr Lalich, Mr Lynch, Dr McDonald, Ms Mihailuk, Ms Moore, Mr Parker, Mrs Perry, Mr Piper, Mr Rees, Mr Robertson, Ms Tebbutt, Ms Watson and Mr Zangari.
Tellers: Mr Amery and Mr Park. In the Chair: Mrs Hancock.
Pair: Mr Grant—Mr Furolo.
Question passed.
19 MOTION ACCORDED PRIORITY—STATE BUDGET
Mr Ray Williams moved, pursuant to notice, That this House supports a Budget that rebuilds New South Wales by providing better frontline services and critical infrastructure.
Debate ensued.
Question put.
The House divided.
AYES 68
Mr Anderson, Mr Annesley, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Mr Bassett, Mr Baumann, Ms Berejiklian, Mr Bromhead, Mr Brookes, Mr Cansdell, Mr Casuscelli, Mr Conolly, Mr Constance, Mr Cornwell, Mr Coure, Mrs Davies, Mr Dominello, Mr Doyle, Mr Edwards, Mr Elliott, Mr Evans, Mr Flowers, Mr Fraser, Mr Gee, Mr George, Ms Gibbons, Mr Hartcher, Ms Hodgkinson, Mr Holstein, Mr Humphries, Mr Issa, Mr Kean, Ms Moore, Mr Notley-Smith, Mr O’Dea, Mr O’Farrell, Mr Owen, Mr Page, Mr Parker, Ms Parker, Mr Patterson, Mr Perrottet, Mr Piccoli, Mr Piper, Mr Provest, Mr Roberts, Mr Rohan, Mr Rowell, Mrs Sage, Mr Sidoti, Mrs Skinner, Mr Smith, Mr Souris, Mr Speakman, Mr Spence, Mr Stokes, Mr Stoner, Mr Toole, Mr Torbay, Ms Upton, Mr Ward, Mr Webber, Mr R.C. Williams and Mrs Williams.
Tellers: Mr Maguire and Mr J.D. Williams.
NOES 18
Mr Barr, Ms Burney, Ms Burton, Ms Hay, Ms Hornery, Ms Keneally, Mr Lalich, Mr Lynch, Dr McDonald, Ms Mihailuk, Mrs Perry, Mr Rees, Mr Robertson, Ms Tebbutt, Ms Watson and Mr Zangari.
Tellers: Mr Amery and Mr Park. In the Chair: Mrs Hancock.
Pairs: Mr Grant—Mr Furolo.
Question passed.
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It being before 4.30 pm, government business proceeded with.
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20 INDEPENDENT COMMISSION AGAINST CORRUPTION AMENDMENT BILL
PUBLIC INTEREST DISCLOSURES AMENDMENT BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Barry O’Farrell, That these bills be now agreed to in principle.
Question again proposed and debate resumed.
Question put and passed.
Bills agreed to in principle.
Mr Barry O’Farrell having requested the bill be considered in detail—
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INDEPENDENT COMMISSION AGAINST CORRUPTION AMENDMENT BILL
The Speaker, by leave, proposed the bill in groups of clauses and schedules.
Clauses 1 and 2
Question—That the clauses be agreed to—put and passed.
Schedule 1
Question—That the schedule be agreed to—put and passed.
PUBLIC INTEREST DISCLOSURES AMENDMENT BILL
The Speaker, by leave, proposed the bill in groups of clauses and schedules.
Clauses 1 and 2
Question—That the clauses be agreed to—put and passed.
Schedule 1
Question proposed—That the schedule be agreed to.
Mr Barry O’Farrell moved:
Pages 3 and 4, Schedule 1 [5], proposed section 6CA, line 25 on page 3 to line 2 on page 4. Omit all words on those lines. Insert instead:
6CA Reports to Ombudsman by public authorities
(1) Each public authority must provide a report under this section to the Ombudsman for each 6 month period.
(2) The report is to provide statistical information on the public authority’s compliance with its obligations under this Act during the 6 month period to which the report relates.
(3) The report is to be provided to the Ombudsman within 30 days after the end of the 6 month period to which the report relates, or by such later time as the Ombudsman may approve.
(4) The regulations may make provision for or with respect to:
(a) the statistical information that is to be provided in a report under this section, and
(b) the form in which such a report is to be provided.
(5) In this section, 6 month period means the period of 6 months ending on 30 June and 31 December in any year.
Question proposed—That the amendment be agreed to.
Debate ensued.
Question put and passed—amendment agreed to.
Question—That the schedule, as amended, be agreed to—put and passed.
Schedule 2
Question—That the schedule be agreed to—put and passed.
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Mr Barry O’Farrell moved, That these bills be now passed.
Question put and passed.
21 TRANSPORT LEGISLATION AMENDMENT BILL
The order of the day was read.
Ms Gladys Berejiklian moved, That this bill be now agreed to in principle.
Debate ensued.
Ms Gabrielle Upton speaking—
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It being 7.00 pm, debate interrupted for notices of motions (general notices).
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Ordered, That the resumption of the debate stand an order of the day for tomorrow.
22 MESSAGE FROM THE LEGISLATIVE COUNCIL—RESIDENTIAL PARKS AMENDMENT (REGISTER) BILL
The Acting Speaker (Mr Geoff Provest) reported the following message from the Legislative Council:
Madam SPEAKER
The Legislative Council has this day agreed to the “Residential Parks Amendment (Register) Bill 2011” with the amendments indicated by the accompanying schedule, in which amendments the Council requests the concurrence of the Legislative Assembly.
Legislative Council NATASHA MACLAREN-JONES
6 September 2011 Deputy President
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RESIDENTIAL PARKS AMENDMENT (REGISTER) BILL 2011
Schedule of the amendments referred to in the message of 6 September 2011.
LYNN LOVELOCK
Clerk of the Parliaments
No. 1 Page 3, Schedule 1. Insert after line 11:
Insert in alphabetical order:
park land owner, in relation to a residential park, means any person who jointly or severally, whether at law or in equity, is entitled to the land comprising the residential park for any estate of freehold in possession.
No. 2 Page 3, Schedule 1 [2], proposed section 142A (6) (b), line 34. Insert “and, if not the same person or persons, the name and contact details of the park land owner or owners” after “owners”.
No. 3 Page 4, Schedule 1 [2], proposed section 142B (5) (b), line 35. Insert “or park land owner or owners” after “owners”.
No. 4 Page 4, Schedule 1 [2], proposed section 142B (5) (c), line 36. Insert “or the contact details of the park manager” after “park manager”.
No. 5 Page 5, Schedule 1 [2], proposed section 142B (7), line 11. Insert “during any calendar year” after “10% or 10”.
No. 6 Page 5, Schedule 1 [2], proposed section 142D (3), line 30. Omit “may”. Insert instead “is to”.
Examined
PAUL GREEN
Chair of Committees
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Ordered by the Acting Speaker, That the amendments made by the Legislative Council in the bill be taken into consideration tomorrow.
23 MESSAGE FROM THE LEGISLATIVE COUNCIL
The Acting Speaker (Mr Geoff Provest) reported a message from the Legislative Council dated 6 September 2011, returning the Fines Amendment (Work and Development Orders) Bill, without amendment.
24 NOTICES OF MOTIONS (GENERAL NOTICES)
25 MATTER OF PUBLIC IMPORTANCE—CHILD PROTECTION WEEK
The Speaker having previously informed the House of receipt from Ms Melanie Gibbons of a notice of a matter of public importance, namely:
Child Protection Week.
Discussion ensued and concluded.
The House adjourned, pursuant to standing and sessional orders, at 7.30 pm, until tomorrow, at 10.00 am.
Attendance: All members present except Mr Robert Furolo.
RUSSELL D. GROVE PSM SHELLEY HANCOCK
Clerk of the Legislative Assembly Speaker
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Authorised by the Parliament of New South Wales