PARLIAMENT OF NEW SOUTH WALES

1 The House met at 11.00 am according to adjournment. The President took the Chair and read the Prayers.

Members present—

The Honourable Peter James Breen, DipLaw The Honourable Janice Carolyn Burnswoods, BA(Hons) DipEd The Honourable Doctor Arthur Chesterfield-Evans, MB BS FRCS(Eng) MApplSci(OHS) The Honourable Ian Cohen, BA DipEd The Honourable Alan Gordon Corbett, BA DipEd DipTEFL MA The Honourable John Joseph Della Bosca, BA The Honourable Ronald David Dyer, DipLaw DipCrim The Honourable Michael Rueben Egan, BA The Honourable Patricia Forsythe, BA DipEd The Honourable Michael Joseph Gallacher, BProf St The Honourable Jennifer Ann Gardiner, BBus The Honourable Duncan John Gay The Honourable John Planta Hannaford, LLB The Honourable Donald Thomas Harwin, BEc(Hons) The Honourable John Hatzistergos, BEc LLM The Honourable John Hughes Jobling, PhC MPS The Honourable John Richard Johnson The Honourable Malcolm Irving Jones The Honourable Richard Stanley Leigh Jones The Honourable Anthony Bernard Kelly, ALGA The Honourable Charlie John Stuart Lynn, psc

The Honourable Ian Michael Macdonald, BA(Hons) The Honourable Andrew Bruce Manson The Honourable Douglas Frederick Moppett, BScAgr The Honourable Elaine Blanche Nile The Reverend the Honourable Frederick John Nile, ED LTh The Honourable Edward Moses Obeid, OAM The Honourable David Ernest Oldfield The Honourable Peter Thomas Primrose, B SocStud(Syd) Ms Lee Rhiannon The Honourable John Francis Ryan, BA(Hons) DipEd The Honourable Janelle Anne Saffin The Honourable James Miltiadis Samios, MBE BA LLB The Honourable Helen Wai-Har Sham-Ho, BA DipSocWk BLegS The Honourable Jeffrey William Shaw, QC BA LLB The Honourable Carmel Mary Tebbutt, BEc The Honourable John Saxon Tingle The Honourable Henry Shiu-Lung Tsang, OAM BArch(NSW) DipBdg Sc(Syd) Fellow(UTS) The Honourable Doctor Peter Wong, AM MB BS(Syd) BPharm(Syd)

2

ORDER FOR PAPERS—ROADS AND TRAFFIC AUTHORITY (Formal Business)

Ms Rhiannon moved, according to Notice:

1. That this House:

(a) notes that the Roads and Traffic Authority (referred to as RTA) may not have fully and openly complied with the order of the House of 6 April 2000 to produce certain documents relating to the report of General Purpose Standing Committee No. 5, dated December 1999, (referred to as GPSC No. 5), on the inquiry into the M5 east ventilation stack,

(b) calls on the Chief Executive of the RTA to facilitate and ensure that the Legislative Council, in its superintendence of the administration and operations of the RTA, is given access, without restriction (for example, relying on narrow interpretations of the wording of orders of the House), to documents or information held by the RTA and sought by an order of the House.

2. That, under Standing Order 18 and further to the order of the House of 6 April 2000, there be laid on the table of the House by 5.00 pm Thursday 1 June 2000, and made public without restricted access, the following documents in the possession, custody or power of the RTA:

(a) documents referred to in documents provided by the RTA under the previous order of the House, namely, attachments referred to in the document "Tunnel Ventilation Workshop", including but not limited to the report "International Perspective on Tunnel Ventilation Practices", by Arnold Dix (Dix 2000) and any attachments to Dix 2000,

(b) any other document in the possession, custody or power of the RTA, and not previously provided, which records, refers to or is incidental to or consequent on:

(i) the order of the House of 6 April 2000,
(ii) the report of GPSC No. 5, or
(iii) this order of the House,

(c) any document recording meetings between officers of the RTA, Environment Protection Authority (referred to as EPA) and Department of Urban Affairs and Planning (referred to as DUAP) since the report of GPSC No. 5, except the meeting on 20 March 2000 (already provided), which record issues relating to the M5 East Motorway,

(d) any document recording meetings of the RTA Incident Management Working Party since the report of GPSC No. 5 which record issues relating to the M5 East Motorway,

(e) any document from the Minister for Roads, the Parliamentary Secretary for Roads or the RTA to:

(i) other Ministers, Departments or Authorities and local Councils,
(ii) media organisations,

relating to the report of GPSC No. 5,

(f) any document received from the Department of Health relating to the report of GPSC No. 5,

(g) any document received from the EPA relating to the report of GPSC No. 5 and in particular recommendation 5 in the report,

(h) any report, briefing note, discussion paper or similar document, prepared by RTA staff or other persons regarding overseas travel taken since the report of GPSC No. 5 in relation to tunnel ventilation including attendance at the PIARC Technical Committees on Road Tunnel Operations in Paris in March 2000,

(i) any document relating to a Tunnel Ventilation Workshop to be held on or about 6 June 2000,

(j) any document prepared since the report of GPSC No. 5 for briefing Mr Dix in relation to overseas travel,

(k) any document which records or refers to the production of documents as a result of this order of the House.

3. That anything required to be laid before the House by this resolution may be lodged with the Clerk of the House if the House is not sitting, and is deemed for all purposes to have been presented to or laid before the House and published by authority of the House.

4. Where it is considered that a document required to be tabled under this Order is privileged and should not be made public or tabled:

(a) a return is to be prepared and tabled showing the date of creation of the document, a description of the document, the author of the document and reasons for the claim of privilege, and

(b) the documents are to be delivered to the Clerk of the House by 5.00 pm Thursday 1 June 2000, and:

(i) made available only to Members of the Legislative Council, and
(ii) not published or copied without an Order of the House.

5. That in the event of a dispute by any Member of the House communicated in writing to the Clerk as to the validity of a claim of legal professional privilege or public interest immunity in relation to a particular document:

(a) the Clerk is authorised to release the disputed document to an independent legal arbiter who is either a Queen’s Counsel, a Senior Counsel or a retired Supreme Court judge, appointed by the President, for evaluation and report within 5 days as to the validity of the claim, and

(b) any report from the independent arbiter is to be tabled with the Clerk of the House, and:

(i) made available only to Members of the Legislative Council, and
(ii) not published or copied without an Order of the House.

Question put and passed.


3 PAPER

Ms Tebbutt tabled the following Paper:

Industrial Relations Act 1996—Report of Industrial Relations Commission of New South Wales for year ended 31 December 1999.

Ordered: That the report be printed.
4

PETITIONS

Battery Cages

Mr Dyer presented a petition from 3855 citizens of New South Wales opposing the production of eggs through the use of battery cages and stating that the cages can never fulfil the behavioural and physiological needs of birds, that hens suffer intensely and continuously in confinement and overwhelming scientific evidence demonstrates that the battery cage is an unacceptable environment for laying hens and praying that the House will stop the unnecessary suffering of hens in battery cages.

Petition received.


5 NOTICES OF MOTIONS


6 CRIMES AMENDMENT (CHILD PROTECTION EXCESSIVE PUNISHMENT) BILL

Order of the Day read for resumption of the adjourned debate of the question on the motion of Mr Corbett: That this Bill be now read a second time.

Debate resumed.

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According to Sessional Order, proceedings interrupted at 12.00 noon for Questions.
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7 QUESTIONS


8 CRIMES AMENDMENT (CHILD PROTECTION EXCESSIVE PUNISHMENT) BILL

Order of the Day read for resumption of the interrupted debate of the question on the motion of Mr Corbett: That this Bill be now read a second time.

Debate resumed.

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According to Sessional Order, proceedings interrupted at 5.00 pm for adjournment.
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The House continued to sit.
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According to Sessional Order, Government Business proceeded with after 5.00 pm.
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9 SPECIAL ADJOURNMENT

Mr Macdonald moved: That this House at its rising today do adjourn until Tuesday 30 May 2000 at 2.30 pm.

Question put and passed.

10

MINISTERIAL STATEMENT

Mr Shaw made a statement concerning a factual error which occurred in the second reading speech on the Legal Profession Amendment (Mortgage Practices) Bill on Wednesday 3 May 2000.

Mr Samios also addressed the House.


11 OCCUPATIONAL HEALTH AND SAFETY BILL

Mr Shaw moved, according to Notice: That leave be given to bring in a Bill for an Act to amend the Trustee Companies Act 1964 to enable trustee companies to include provision for the goods and services tax in certain fees and charges, and with respect to interests in shares in trustee companies; and for other purposes.

Question put and passed.

Bill presented.

Bill read a first time and ordered to be printed.

Mr Shaw then moved, according to Sessional Order: That this Bill be now read a second time.

Debate ensued.

Motion made (Mr Moppett) and question: That this debate be now adjourned until five calendar days ahead—put and passed.


12 ADJOURNMENT

Mr Shaw moved: That this House do now adjourn.

Debate ensued.

Question put and passed.

The House adjourned at 5.53 pm until Tuesday 30 May 2000 at 2.30 pm.