683

PARLIAMENT OF NEW SOUTH WALES
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No. 66
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MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL
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SECOND SESSION OF THE FIFTY-FIRST PARLIAMENT
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THURSDAY 8 MAY 1997

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

Members present^___

The Honourable Max Frederick Willis, R.F.D., E.D., LL.B., President




Page 684 The Honourable Franca Arena, A.M. The Honourable Richard Thomas Marshall Bull The Honourable Doctor Meredith Anne Burgmann, M.A.(Syd.), Ph.D.(Macq.) The Honourable Janice Carolyn Burnswoods, B.A.(Hons), Dip.Ed. The Honourable Virginia Anne Chadwick, B.A., Dip.Ed. The Honourable Ian Cohen, B.A., Dip.Ed. The Honourable Alan Gordon Corbett, B.A., Dip.Ed., Dip.T.E.F.L., M.A. The Honourable Ronald David Dyer, Dip.Law, Dip.Crim. The Honourable Michael Rueben Egan, B.A. The Honourable Patricia Forsythe, B.A., Dip.Ed. The Honourable Michael Joseph Gallacher The Honourable Jennifer Ann Gardiner, B.Bus. The Honourable Duncan John Gay The Honourable Doctor Marlene Mary Herbert Goldsmith, B.A., M.Ed.(Hons), Ph.D.(Minn.) The Honourable John Planta Hannaford, LL.B. The Honourable Dorothy May Isaksen The Honourable John Hughes Jobling, Ph.C., M.P.S. The Honourable John Richard Johnson The Honourable Richard Stanley Leigh Jones The Honourable James Kaldis

The Honourable Mark Raymond Kersten The Honourable Elisabeth Kirkby The Honourable Charlie John Stuart Lynn, p.s.c. The Honourable Ian Michael Macdonald, B.A.(Hons) The Honourable Douglas Frederick Moppett, B.Sc.Agr. The Honourable Elaine Blanche Nile The Reverend the Honourable Frederick John Nile, E.D., L.Th. The Honourable Edward Moses Obeid, O.A.M. The Honourable Peter Thomas Primrose, B.Soc.Stud.(Syd.) The Honourable John Francis Ryan, B.A.(Hons), Dip.Ed. The Honourable Janelle Anne Saffin The Honourable James Miltiadis Samios, M.B.E., B.A., LL.B. The Honourable Helen Wai-Har Sham-Ho, B.A., Dip.Soc.Wk, B.Leg.S. The Honourable Jeffrey William Shaw, Q.C., B.A., LL.B. The Honourable Robert Baron Rowland Smith The Honourable Patricia Jane Staunton, A.M., R.N., LL.B. (Lon.) Barrister-at-Law The Honourable Elizabeth Ann Symonds The Honourable John Saxon Tingle The Honourable Bryan Henry Vaughan, LL.B.

2 PETITIONS

Freedom of Choice in Education

Revd Mr Nile presented a petition from 180 citizens of New South Wales supporting the rights of parents for freedom of choice in education, and praying that the House oppose any attempts to remove the exemptions that exist in the Anti-Discrimination Act for Christian, religious and other non-government schools, Churches and Religious organisations.

Petition received.

Marijuana

Revd Mr Nile presented a petition from 135 citizens of New South Wales expressing concern about legal changes which could increase or encourage the distribution or availability of soft drugs such as marijuana, and praying that the House take no measures that could extend the social problem of drug use and oblige those who are promoting marijuana or similar drugs to prove without doubt that such drugs are harmless before any legalisation or decriminalisation of use is introduced.

Petition received.

Alcoholic Beverages Advertising Prohibition Bill

Revd Mr Nile presented a petition from 158 citizens of New South Wales expressing concern that the advertisement of alcoholic beverages in the community has an adverse effect upon the youth of our society, and praying that the House support the prompt passage of the Alcoholic Beverages Advertising Prohibition Bill.

Petition received.

3 NOTICES OF MOTIONS

4 BUSINESS POSTPONED

Order of the Day No. 1 on the Notice Paper of General Business, postponed, on motion of Mr Hannaford, until Thursday, 19 June 1997.

5 HOME INVASION (OCCUPANTS PROTECTION) BILL

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

Debate resumed.

Motion made (Mr Tingle speaking in reply) and question: That this debate be now adjourned until a later hour of the sitting—put and passed.

Page 685

6 SUSPENSION OF STANDING AND SESSIONAL ORDERS—POKER MACHINE BET AND PRIZE LIMITS

On the President calling on the Clerk to read the Order of the Day Mr Bull moved, according to Contingent Notice: That the Standing and Sessional Orders be suspended to allow the moving of a motion forthwith that General Business Order of the Day No. 5 relating to Poker machine bet and prize limits be called on forthwith.

Question put and passed.

Mr Bull then moved: That General Business Order of the Day No. 5 relating to Poker machine bet and prize limits be called on forthwith.

Question put and passed.

7 POKER MACHINE BET AND PRIZE LIMITS

Order of the Day read for resumption of the adjourned debate of the question on the motion of Mr Bull: That this House condemns the Government for not honouring its promise to increase bet and prize limits on poker machines in Registered Clubs, and calls on the Minister for Gaming and Racing to immediately introduce a regulation to increase bet and prize limits on poker machines in Registered Clubs to $20 and $20,000 respectively.


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

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8 QUESTIONS

9 REGULATION REVIEW COMMITTEE

Ms Saffin (on behalf of the Chairman) tabled Report No. 9/51 of the Regulation Review Committee entitled “Report upon Regulatory Developments”, dated May 1997.

Ordered: That the Report be printed.

10 HOME INVASION (OCCUPANTS PROTECTION) BILL

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

Debate resumed.

Question put.

The House divided.

Page 686

Ayes 21




Mr Bull Mrs Chadwick Mrs Forsythe Mr Gallacher Miss Gardiner Mr Gay Dr Goldsmith Mr Hannaford

Mr Jobling* Mr Jones Mr Kersten Ms Kirkby Mr Lynn Mr Moppett* Mrs Nile Revd Mr Nile

Mr Ryan Mr Samios Mrs Sham-Ho Mr Smith Mr Tingle * Tellers

Noes 18




Mrs Arena Dr Burgmann Ms Burnswoods Mr Cohen Mr Corbett Mr Dyer Mr Egan

Mrs Isaksen* Mr Johnson Mr Kaldis Mr Macdonald Mr Obeid Mr Primrose* Ms Saffin

Mr Shaw Ms Staunton Mrs Symonds Mr Vaughan * Tellers

Pairs




Mr Manson

Dr Pezzutti

Question resolved in the affirmative.

Bill read a second time.

Ordered: That consideration of the Bill in Committee of the Whole stand an Order of the Day for Thursday 22 May, 1997.

11 SUSPENSION OF STANDING AND SESSIONAL ORDERS—POKER MACHINE BET AND PRIZE LIMITS

On the President calling on the Clerk to read the Order of the Day Mr Bull moved, according to Contingent Notice: That the Standing and Sessional Orders be suspended to allow the moving of a motion forthwith that the General Business Order of the Day relating to Poker machine bet and prize limits be called on forthwith.

Question put and passed.

Mr Bull then moved: That the General Business Order of the Day relating to Poker machine bet and prize limits be called on forthwith.

Question put and passed.

Page 687

12 POKER MACHINE BET AND PRIZE LIMITS

Order of the Day read for resumption of the interrupted debate of the question on the motion of Mr Bull:

That this House condemns the Government for not honouring its promise to increase bet and prize limits on poker machines in Registered Clubs, and calls on the Minister for Gaming and Racing to immediately introduce a regulation to increase bet and prize limits on poker machines in Registered Clubs to $20 and $20,000 respectively.

Debate resumed.

Question put.

The House divided.

Ayes 19




Mr Bull Mrs Chadwick Mr Corbett Mrs Forsythe Mr Gallacher Miss Gardiner Mr Gay

Dr Goldsmith Mr Hannaford Mr Jobling* Mr Jones Mr Kersten Mr Lynn Mr Moppett*

Mr Ryan Mr Samios Mrs Sham-Ho Mr Smith Mr Tingle * Tellers

Noes 20




Mrs Arena Dr Burgmann Ms Burnswoods Mr Cohen Mr Dyer Mr Egan Mrs Isaksen*

Mr Johnson Mr Kaldis Ms Kirkby Mr Macdonald Mrs Nile Revd Mr Nile Mr Obeid

Mr Primrose* Ms Saffin Mr Shaw Ms Staunton Mrs Symonds Mr Vaughan * Tellers

Pairs




Mr Manson

Dr Pezzutti

Question resolved in the negative.

13 SELECT COMMITTEE ON FIRE SAFETY

Order of the Day read for resumption of the adjourned debate of the question on the motion of Mr Ryan:

1. That a Select Committee be appointed to inquire into and report on fire safety issues in residential properties of the Department of Housing, having regard to:

(a) the comparative proportion of fires occurring in public and private properties;

Page 688

(b) design features and construction materials used in existing properties and future public housing projects which may minimise the risk of fire, limit the spread of a fire or facilitate escape after a fire has broken out;
(c) maintenance programs by the Department of Housing which contribute to fire safety;
(d) installation and maintenance of smoke detectors;
(e) fire safety education programs;
(f) deliberately lit fires;
(g) social factors which may contribute to fire safety;
(h) other relevant issues raised by submissions to the Committee.

2. That the Committee consist of 5 Members of the Legislative Council, comprising:

(a) 2 Government Members nominated in writing to the Clerk of the House by the Leader of the Government;
(b) 2 Opposition Members nominated in writing to the Clerk of the House by the Leader of the Opposition; and
(c) 1 Crossbench Member, nominated by the Crossbench Members.

3. That the Committee have leave to sit during any adjournment of the House; to adjourn from place to place; to make visits of inspection within New South Wales and Australia; and have power to take evidence and to send for persons, papers, records and things; and to report from time to time.

4. 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 of proceedings and evidence taken before it to the Clerk of the Parliaments;
(b) the documents be printed and published and the Clerk forthwith take such action as is necessary to give effect to the order of the House; and
(c) the documents be laid on the Table of the House at its next sitting.

5. That on receipt of a request from the Committee for funding, the Government immediately provide the Legislative Council with such additional funds that the Committee considers necessary for the conduct of its inquiry.

Debate resumed.

Ms Burnswoods moved: That this debate be now adjourned until next sitting day.

Question put.

The House divided.

Page 689

Ayes 23




Mrs Arena Dr Burgmann Ms Burnswoods Mr Cohen Mr Corbett Mr Dyer Mr Egan Mrs Isaksen*

Mr Johnson Mr Jones Mr Kaldis Ms Kirkby Mr Macdonald Mrs Nile Revd Mr Nile Mr Obeid

Mr Primrose* Ms Saffin Mr Shaw Ms Staunton Mrs Symonds Mr Tingle Mr Vaughan * Tellers

Noes 16




Mr Bull Mrs Chadwick Mrs Forsythe Mr Gallacher Miss Gardiner Mr Gay

Dr Goldsmith Mr Hannaford Mr Jobling* Mr Kersten Mr Lynn Mr Moppett*

Mr Ryan Mr Samios Mrs Sham-Ho Mr Smith * Tellers

Pairs




Mr Manson

Dr Pezzutti

Question resolved in the affirmative.

14 BUSINESS POSTPONED

Order of the Day No. 4 on the Notice Paper of General Business postponed, on motion of Mr Gay, until next sitting day.

15 SELECT COMMITTEE ON HOSPITAL WAITING LISTS

Order of the Day read for resumption of the adjourned debate of the question on the motion of Ms Kirkby: That this House take note of the Final Report of the Select Committee on Hospital Waiting Lists, Volumes 1 and 2, dated December 1996.

Debate resumed.

Motion made (Mr Moppett speaking) and question: That this debate be now adjourned until Thursday 22 May 1997—put and passed.

16 RESTORATION OF SEXUAL OFFENCE DAMAGES BILL

Mrs Nile moved, according to Notice: That, according to Standing Order 200, the Sexual Offence Damages Bill, interrupted by the close of the previous Session, be restored to the stage it had reached in the previous Session.

Page 690

Question put and passed.

Ordered: That the second reading of the Bill stand an Order of the Day for next sitting day.

17 FUNDING FOR CARNIVALE

Mr Samios moved, according to Notice: That this House condemns the Carr Government for its failure to provide adequate funding for Carnivale, a popular multicultural arts festival which provides a unique opportunity to promote tolerance and understanding in our multicultural society.

Debate ensued.

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According to Sessional Order, proceedings interrupted at 4.15 p.m. for adjournment.

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The House continued to sit.

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According to Sessional Order, Government Business proceeded with after 4.15 p.m.

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18 SPECIAL ADJOURNMENT

Mr Dyer moved: That this House at its rising today do adjourn until Tuesday 13 May 1997 at 2.30 p.m.

Question put and passed.

19 SENTENCING LEGISLATION FURTHER AMENDMENT BILL

The President reported the following Message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill intituled “An Act to amend the Sentencing Act 1989 and the Correctional Centres Act 1952 in relation to persons who are serving sentences of penal servitude or imprisonment for life; and for other purposes” presents the same to the Legislative Council for its concurrence.

Legislative Assembly JOHN MURRAY
8 May 1997 Speaker

Bill, on motion of Mr Shaw, read a first time.

Ordered: That the Bill be printed.

Mr Shaw moved, according to Contingent Notice: That Standing Orders be suspended to allow the passing of the Bill through all its remaining stages during the present or any one sitting of the House.

Page 691

Question put and passed.

Mr Shaw then moved: That this Bill be now read a second time.

Debate ensued.

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Mr Gay, by leave, tabled a letter from Mr Rob Hooke, dated 8 May 1997.

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Debate continued.

Question put.

The House divided.

Ayes 25





Mrs Arena Dr Burgmann Ms Burnswoods Mr Dyer Mr Gallacher Mr Gay Mr Hannaford Mrs Isaksen* Mr Jobling*

Mr Kersten Mr Lynn Mr Macdonald Mr Moppett Mrs Nile Revd Mr Nile Mr Obeid Mr Primrose Mr Ryan

Mr Samios Mrs Sham-Ho Mr Shaw Ms Staunton Mrs Symonds Mr Tingle Mr Vaughan * Tellers

Noes 4




Mr Cohen* Mr Corbett*

Mr Jones

Ms Kirkby * Tellers

Question resolved in the affirmative.

Bill read a second time.

According to Sessional Order, leave granted to proceed to the third reading of the Bill forthwith.

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

Bill returned to the Legislative Assembly without amendment.

20 ADJOURNMENT

Mr Dyer moved: That this House do now adjourn.

Debate ensued.

Page 692

Question put and passed.

The House adjourned at 7.35 p.m. until Tuesday 13 May 1997 at 2.30 p.m.



John Evans
Clerk of the Parliaments

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Authorised by the Parliament of New South Wales