Notices of Motion No. 104, Thursday 7 June 2001

3611

PARLIAMENT OF NEW SOUTH WALES

No. 104

LEGISLATIVE COUNCIL

NOTICES OF MOTIONS

AND

ORDERS OF THE DAY

SECOND SESSION OF THE FIFTY-SECOND PARLIAMENT

THURSDAY 7 JUNE 2001

The House meets this day at 11.00 am

BUSINESS OF THE HOUSE—NOTICES OF MOTIONS

1. Mr Egan to move—

That questions commence at 3.30 pm on Tuesday 19 June 2001.

(Notice given 6 June 2001)

____________________

PRIVATE MEMBERS’ BUSINESS

ITEMS IN ORDER OF PRECEDENCE

*1. Employees (Priority of Debts and Wage Protection Insurance) Bill: resumption of the adjourned debate of the question on the motion of Revd Mr Nile: That this Bill be now read a second time (5 calendar days from 31 May 2001)—Mr Jobling.

2. Northern Territory mandatory sentencing laws: resumption of the adjourned debate (31 May 2001) of the question on the motion of Ms Saffin:

That this House:

(a) condemns the Northern Territory mandatory sentencing laws as unfair, unjust and discriminatory,

(b) calls on the Northern Territory administration to repeal its mandatory sentencing laws forthwith,

(c) calls on the Federal Government to overturn the Northern Territory mandatory sentencing laws should the Northern Territory administration fail to do so—Ms Rhiannon speaking. (17 minutes remaining)

Debate—134 minutes remaining

3. Ms Rhiannon to move—

That leave be given to bring in a Bill for an Act to amend the Education Act 1990 in relation to the provision of financial assistance to wealthy non-government schools and in relation to the program known as the Disadvantaged Schools Program for Government Schools; to require a non-government
school receiving certain financial assistance under the Education Act 1990 to make reports and financial statements in respect of the school publicly available; and for related purposes.

(Education Amendment (Reduction of Financial Assistance to Wealthy Non-government Schools) Bill)

(Notice given 1 November 2000)

4.

Report of Committee on the Independent Commission Against Corruption: resumption of the interrupted debate (29 March 2001) of the question on the motion of Mr Hatzistergos:

That the House take note of Report No. 2 of the Committee on the Independent Commission Against Corruption entitled “The ICAC: Accountability for extraordinary powers”, dated May 2000.

Debate—83 minutes remaining.

5. Mr Tingle to move—

That leave be given to bring in a Bill for an Act to amend the Crimes (Sentencing Procedure) Act 1999 with respect to the penalties imposed under that Act for assaults on aged persons.

(Crimes (Sentencing Procedure) Amendment (Assaults on Aged Persons) Bill)

(Notice given 4 April 2000)

6. Mrs Sham-Ho to move—

That this House supports the Final report of the Council for Aboriginal Reconciliation to the Prime Minister and the Commonwealth Parliament entitled “Reconciliation—Australia’s challenge”, dated December 2000, and the recommendations in Chapter 10, namely:

1. The Council of Australian Governments (COAG) agree to implement and monitor a national framework whereby all governments and the Aboriginal and Torres Strait Islander Commission (ATSIC) work to overcome Aboriginal and Torres Strait Islander peoples’ disadvantage through setting program performance benchmarks that are measurable (including timelines), are agreed in partnership with Aboriginal and Torres Strait Islander peoples and communities, and are publicly reported.

2. All parliaments and local governments pass formal motions of support for the Australian Declaration Towards Reconciliation and the Roadmap for Reconciliation, enshrine their basic principles in appropriate legislation, and determine how their key recommendations can best be implemented in their jurisdictions.

3. The Commonwealth Parliament prepare legislation for a referendum which seeks to:

· recognise Aboriginal and Torres Strait Islander peoples as the first peoples of Australia in a new preamble to the Constitution, and
· remove section 25 of the Constitution and introduce a new section making it unlawful to adversely discriminate against any people on the grounds of race.

4. Recognising that the formal reconciliation process over the last decade has achieved much and has helped bring Australians together, all levels of government, non-government, business, peak bodies, communities and individuals commit themselves to continuing the process and sustaining it by:

· affirming the Australian Declaration Towards Reconciliation and actioning the Roadmap for Reconciliation,
· providing resources for reconciliation activities and involving Aboriginal and Torres Strait Islander peoples in their work,
· undertaking educational and public-awareness activities to help improve understanding and relations between Aboriginal and Torres Strait Islander peoples and the wider community, and
· supporting Reconciliation Australia, the foundation which has been established to maintain a national leadership focus for reconciliation, report on progress, provide information and raise funds to promote and support reconciliation.

5. Each government and parliament:

· recognise that this land and its waters were settled as colonies without treaty or consent and that to advance reconciliation it would be most desirable if there were agreements or treaties, and
· negotiate a process through which this might be achieved that protects the political, legal, cultural and economic position of Aboriginal and Torres Strait Islander peoples.

6. That the Commonwealth Parliament enact legislation (for which the Council has provided a draft in this report) to put in place a process which will unite all Australians by way of an agreement, or treaty, through which unresolved issues of reconciliation can be resolved.

(Notice given 7 December 2000)

7. Mr Ryan to move—

That this House:

(a) takes note of the annual report of the Independent Commission Against Corruption for the year ended 30 June 2000

(b) notes with concern the content of that report with respect to ICAC investigations into the use of travel warrants by the Speaker of the Legislative Assembly.

(Notice given 15 November 2000)

8. Mrs Nile to move—

That leave be given to bring in a Bill for an Act to amend the Anti-Discrimination Act 1977 to make it unlawful to discriminate against a person on the grounds of heterosexuality in certain circumstances.

(Anti-Discrimination (Heterosexual Discrimination) Amendment Bill)

(Notice given 12 May 1999)

(Restored by resolution Wednesday 8 September 1999)

* Council Bill

____________________

ITEMS OUTSIDE THE ORDER OF PRECEDENCE

1. Dr Pezzutti to move—

That the House take note of the report of the Joint Committee on Health Care Complaints Commission entitled “Report on Localised Health Complaint Resolution Procedures”, dated August 1997.

(Notice given 12 May 1999)

(Restored by resolution Wednesday 8 September 1999)

2. Mr Cohen to move—

That leave be given to bring in a Bill for an Act to amend the Drug Misuse and Trafficking Act 1985 to enable the lawful establishment and use of safe injecting rooms for a trial period of 12 months.

(Drug Misuse and Trafficking Amendment (Safe Injecting Rooms) Bill)

(Notice given 12 May 1999)

(Restored by resolution Wednesday 8 September 1999)

3. Dr Pezzutti to move—

That this House congratulates the NSW Farmers Association in its attempt to ensure the viability of family farms in New South Wales.

(Notice given 12 May 1999)

(Restored by resolution Wednesday 8 September 1999)

4. Revd Mr Nile to move—

That leave be given to bring in a Bill for an Act to provide for the establishment of the Family Impact Commission to study the moral, social and economic effect on the family unit of certain laws and proposed laws and Government expenditure, and for related purposes.

(Family Impact Commission Bill)

(Notice given 12 May 1999)

(Restored by resolution Wednesday 8 September 1999)

5. Mrs Nile to move—

That leave be given to bring in a Bill for an Act to prohibit nudity (indecent exposure) on any beach or public place.

(Nudity (Indecent Exposure) in Public Places (Prohibition) Bill)

(Notice given 12 May 1999)

(Restored by resolution Wednesday 8 September 1999)
6. Mr Richard Jones to move—

That this House:

(a) requests the Prime Minister to immediately release appendix H of the report of the Woodward Royal Commission entitled, “Report of the Royal Commission into Australian Meat Industry” dated September 1982,

(b) seeks an explanation from the Prime Minister as to why the names of those named adversely by the commission have been suppressed including the names of leading persons still active within the Australian kangaroo industry.

(Notice given 12 May 1999)

(Restored by resolution Wednesday 8 September 1999)

7. Mr Tingle to move—

That leave be given to bring in a Bill for an Act to amend the Traffic Act 1909 and certain regulations with respect to passengers in motor vehicles driven by learner drivers.

(Traffic Amendment (Learners’ Passengers) Bill)

(Notice given 12 May 1999)

(Restored by resolution Wednesday 8 September 1999)

8. Mr Cohen to move—

That leave be given to bring in a Bill for an Act to amend the Electricity Supply Act 1995 with respect to the imposition and enforcement of conditions of retail suppliers’ licences concerning greenhouse gas emission.

(Electricity Supply Amendment (Greenhouse Targets) Bill)

(Notice given 12 May 1999)

(Restored by resolution Wednesday 8 September 1999)

9. Revd Mr Nile to move—

That leave be given to bring in the following cognate Bills:

(a) a Bill for an Act to allow the electors of New South Wales to initiate referendums on proposed laws, and to amend the Constitution Act 1902,

(Constitution (Citizen-initiated Referendums) Bill)

(b) a Bill for an Act to provide for the holding of a referendum on the Bill entitled “A Bill for an Act to allow the electors of New South Wales to initiate referendums on proposed laws, and to amend the Constitution Act 1902”.

(Constitution (CIR) Referendum Bill)

(Notice given 12 May 1999)

(Restored by resolution Wednesday 8 September 1999)

10. Mr Richard Jones to move—

That leave be given to bring in a Bill for an Act to amend the Parliamentary Electorates and Elections Act 1912 so as to reduce the minimum voting age from 18 years to 16 years, and for other purposes.

(Parliamentary Electorates and Elections Amendment (Voting Age) Bill)

(Notice given 12 May 1999)

(Restored by resolution Wednesday 8 September 1999)

11. Revd Mr Nile to move—

That leave be given to bring in a Bill for an Act for the prevention of crime by providing for offences with respect to the incitement, urging and encouragement of crime, and to repeal the Crimes Prevention Act 1916.

(Crimes Prevention Bill)

(Notice given 12 May 1999)

(Restored by resolution Wednesday 8 September 1999)

12. Mrs Nile to move—

That leave be given to bring in a Bill for an Act relating to HIV/AIDS and Hepatitis B testing before surgery, and to the disclosure of test results.

(Pre-surgery (HIV/AIDS and Hepatitis B Tests) Bill)

(Notice given 12 May 1999)

(Restored by resolution Wednesday 8 September 1999)

13.

Revd Mr Nile to move—

That leave be given to bring in a Bill for an Act to make further provision with respect to the control of
knives and the authority of police officers to conduct searches of, give directions to and require information from persons, and for other purposes.

(Police Authorities Bill)

(Notice given 12 May 1999)

(Restored by resolution Wednesday 8 September 1999)

14. Mrs Nile to move—

That leave be given to bring in a Bill for an Act to clarify the legal status of an unborn child, to provide legal protection and rights for an unborn child, to make provisions for the claiming and payment of
compensation in the event of the death of an unborn child by accident or malicious action, and for purposes connected therewith.

(Unborn Child Protection Bill)

(Notice given 12 May 1999)

(Restored by resolution Wednesday 8 September 1999)

15. Revd Mr Nile to move—

That this House:

(a) affirms the importance of quality education for all the children of this State irrespective of their religion, nationality or sex,

(b) supports the rights of parents to have freedom of choice of the school for their child,

(c) supports the right of all non-government schools to maintain their distinctive moral values and foundational ethos,

(d) supports the introduction of a voucher system, that would enable freedom of choice of school to be efficiently exercised by all parents.

(Notice given 12 May 1999)

(Restored by resolution Wednesday 8 September 1999)

16. Revd Mr Nile to move—

1. That a Select Committee be appointed to inquire into and report upon prostitution and in particular the following matters:

(a) the operation of the Disorderly Houses Act 1943 in regard to brothels,

(b) street prostitution, particularly activities regarding prostitution along Canterbury Road and other districts in New South Wales,

(d) children involved in prostitution,

(e) overseas women (such as illegal Asian immigrants) involved in prostitution,

(f) the link between drug addiction and prostitution,

(g) the phased elimination of the prostitution industry through the closure of all brothels and the elimination of all street prostitution in accordance with a timetable not later than 1 January 2000 in anticipation of the 2000 Olympic Games in Sydney,

(h) the rehabilitation, retraining and relocation of prostitutes to acceptable forms of legitimate employment.

2. (1) That notwithstanding anything to the contrary in the Standing Orders, the Committee is to consist of seven members, comprising four Government members nominated by the Leader of the Government, and two members nominated by the Leader of the Opposition and Revd Mr Nile.

(2) In the absence of agreement notified to the President, the question of the representation on the Committee is to be determined by the President.

3. That the time and place for the first meeting of the Committee be fixed by the Clerk of the House.

4. 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 other States and Territories of Australia, and have power to take evidence and to send for persons, papers, records and things, 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 of proceedings and evidence taken before it to the Clerk of the House,

(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,

(c) the documents be laid on the Table of the House at its next sitting.

6. 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.

(Notice given 12 May 1999)

(Restored by resolution Wednesday 8 September 1999)

17. Dr Pezzutti to move—

That this House take note of the report of the Joint Committee on the Health Care Complaints Commission entitled Unregistered Health Practitioners: The Adequacy and Appropriateness of Current Mechanisms for Resolving Complaints - Final Report, dated December 1998.

(Notice given 13 May 1999)

(Restored by resolution Wednesday 8 September 1999)
18. Revd Mr Nile to move—

That leave be given to bring in a Bill for an Act to amend section 13A of the Sentencing Act 1989 so as to provide that an existing life sentence may no longer be the subject of a Supreme Court determination that sets a minimum term and an additional term for that sentence.

Sentencing Amendment (Life Sentences) Bill

(Notice given 22 June 1999)

(Restored by resolution Wednesday 8 September 1999)

19. Mr Oldfield to move—

That leave be given to bring in a Bill for an Act to amend the Firearms Act 1996 to make further provision with respect to the control and regulation of firearms; and for other purposes.

(Firearms Amendment (Miscellaneous Reforms) Bill)

(Notice given 1 July 1999)

(Restored by resolution Wednesday 8 September 1999)

20. Revd Mr Nile to move—

1. That this House censures the President, the Honourable Dr Meredith Burgmann, for undermining the reputation and independence of this House when she invited representatives from two communist countries, Cuba and Vietnam, to the opening of the second session of the Fifty-Second Parliament which was an insult to the thousands of Vietnamese Australians and Cubans who have suffered persecution and loss of human rights at the hands of these Communist dictatorships.

2. That this House directs the President, as a servant of this House, to consult with the Leader of the Government and the Leader of the Opposition in this place when organising any future events including guest lists.

(Notice given 8 September 1999)

21. Mr Moppett to move—

That this House:

(a) congratulates the Management Board of West 2000 Rural Partnership program on their achievements in addressing the social, economic and environmental issues facing landholders in the Western Division of NSW since its inception in February 1997,

(b) urges the Government of New South Wales to negotiate with the Commonwealth Government to extend the program for a further period of three years.

(Notice given 8 September 1999)

22.

Mrs Sham-Ho to move—

That this House:

(a) notes the Human Rights and Equal Opportunity Commission Report, Pregnant and Productive, released in August 1999, which exposes continuing and widespread discrimination against women on the grounds of pregnancy and potential pregnancy in the workplace,

(b) affirms that it is a human right, not a privilege, for a woman to work while she is pregnant and accordingly condemns discrimination of women on the basis of pregnancy in the workplace,

(c) supports continued efforts by governments and the community for eliminating pregnancy discrimination in the workplace,

(d) recognises the long-term and serious consequences of pregnancy discrimination on a woman=s future career prospects and financial security.

(Notice given 20 October 1999)

23. Dr Chesterfield-Evans to move—

1. The General Purpose Standing Committee No. 5 inquire into and report on the changes and current plans for the M5 East ventilation stack, and in particular:

(a) the environmental impact of the new single stack,

(b) the evidence for the current design of the ventilation stack and alternative possibilities for the management of air polluting substances,

(d) a health and property value guarantee for all affected residents and businesses.

2. That the Committee report by Wednesday 8 December 1999.

3. That this House request the Government to cease construction work associated with the project until the Committee has reported and that any action taken after this time be consistent with the Committee report.

(Notice given 27 October 1999)

24. Revd Mr Nile to move—

That this House:

1. Calls on the Government to establish a judicial inquiry into the Canterbury City Council's processing and handling of the development application lodged by the Sydney Turf Club for the development of its property known as Canterbury Park Racecourse for the purposes of conducting night racing and other forms of entertainment and non-racing promotions.

2. Requests that the terms of reference of the inquiry include a full investigation into the following matters:

(c) whether correct legislative procedures were complied with in determining the various stages of the development application’s approval, and whether amendments to the development application were properly advertised and/or community notification occurred according to Canterbury Council guidelines,

(d) whether lighting used by Canterbury Park Racecourse is in accordance with acceptable standards as determined by the Australian Standards Council,

(e) whether signage for street parking restrictions in communities surrounding the Canterbury Park Racecourse are suitable to the community surroundings,

(f) whether or not the development of night racing fixtures and facilities comply with the Sydney Turf Club’s deed allowing it to use the area of Canterbury Park,

(g) whether Canterbury City Councillors, Council officers or any other elected official have breached a conflict of interest prior to the lodgment of the development application or prior to the final development application approval.

(Notice given 9 November 1999)

25. Dr Chesterfield-Evans to move—

1. That, under Standing Order 18, there be laid upon the Table of the House and made public without restricted access no later than 5.00 pm, Thursday, 25 November 1999, all documents whether recorded in written or electronic form, relating to the Government’s decision not to introduce a licencing scheme for tobacco retailers, or to introduce a so-called ‘negative licencing scheme’, including any document which records or refers to the production of documents as a result of this Order of the House.

2. That an indexed list of all documents tabled under this resolution be prepared showing the date of creation of the document, a description of the document and the author of the document.

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.

(Notice given 9 November 1999)

26. Mr Malcolm Jones to move—

That leave be given to bring in a Bill for an Act to amend the Wilderness Act 1987 with respect to the procedure to be followed in identifying areas as wilderness and the activities that may be enjoyed in wilderness areas; and for other purposes.

(Wilderness Amendment (Procedure) Bill)

(Notice given 23 November 1999)

27.

Ms Rhiannon to move—

That leave be given to bring in a Bill for an Act to amend the Technical and Further Education Commission Act 1990 so as to guarantee certain levels of staffing and resources for the TAFE Commission and for individual TAFE establishments; and for other purposes.

(Technical and Further Education Commission Amendment (Save TAFE) Bill)

(Notice given 23 November 1999)

28. Mr Gay to move—

That the Auditor General of New South Wales be given complete access to all documents tabled in this House earlier this year, in relation to Integral Energy, for the purposes of conducting any inquiry into the New South Wales power industry.

(Notice given 25 November 1999)

29. Revd Mr Nile to move—

That the House take note of the “Report on Inquiry into the Proposed Closure of Seaforth TAFE”.

(Notice given 7 December 1999)

30. Mr Jobling to move—

1. (1) That under Standing Order 18 there be laid upon the table of the House and made public without restricted access no later than Tuesday 14 December, 1999 all documents recording any contractual arrangements between Pacific Power and Powercor Australia relating to the sale of power, and in particular the eleven (11) contracts referred to in the recent Victorian Supreme Court judgement that related to a price averaging $21 mgh (megawatt hour), including all relevant letters, memoranda and files, whether recorded in written or electronic form.

(2) That an indexed list of all documents tabled under this resolution be prepared showing the date of creation of the document, a description of the document and the author of the document.

2. 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.

3. 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,

(b) the documents are to be delivered to the Clerk of the House by 5.00 pm Tuesday 14 December 1999, and:

(i) made available only to Members of the Legislative Council,

(ii) not published or copied without an order of the House.
4. 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,

(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,

(ii) not published or copied without an order of the House.

(Notice given 7 December 1999)

31. Mr Oldfield to move—

That General Purpose Standing Committee No. 2 inquire into and report on the performance and effectiveness of the Department of Community Services and of other Government Departments and in particular the following:

(a) the circumstances surrounding the failure to adequately investigate multiple incidents of child sexual abuse alleged to have been done to Sammy Soames from age 3 to age 6 by women while he was in Marrickville Women’s Refuge,

(b) the failure of the Community Services Minister Faye Lo Po, Police Minister Paul Whelan, the Office of the Director of Public Prosecutions and others to reply to the letter of 9th July 1996 by Solicitor Ghaith Krayem in which he describes serious matters including allegations that Community Services Department Officers and a child psychiatrist engaged by the Department had told lies to Courts and perverted the course of justice,

(c) considering the decision of 23 November 1999 by the Office of the Director of Public Prosecutions to charge Linda Soames for alleged physical assault against Sammy Soames, the need to investigate whether Community Services Department Officers by giving to Courts a false name, Mr Gannan, concealed an alleged assault occurring at about the same time in which Mr Ramadan is alleged to have assaulted the child with a cricket bat.

(Notice given 7 December 1999)

32. Ms Rhiannon to move—

That this House calls on the Government to revoke the Sydney Regional Environment Plan No 29CRhodes Peninsula published in Government Gazette No. 130, dated 19 November 1999, page 10728.

(Notice given 7 December 1999)

33. Olympic Ticketing: resumption of the interrupted debate (7 December 1999) of the question on the motion of Revd Mr Nile: That the House take note of the Report on Inquiry into Olympic Ticketing, dated December 1999—Mr Lynn speaking (time expired).

Debate—105 minutes remaining.

34. Milk Quotas: resumption of the interrupted debate (2 June 2000) of the question on the motion of Dr Chesterfield-Evans:

That this House:

(a) recognises that the loss of market milk quotas has disadvantaged dairy farmers both in terms of loss of income and loss of equity in their farms,

(b) calls on the Government to pay adequate compensation for loss of milk quotas to owners and operators of dairy farms as recommended in the Senate report entitled “Deregulation of the Australian Dairy Industry”, dated October 1999,

(c) requests the Government to seek compensation for this payment from the Federal Government, but that the State Government compensation not be dependent on the Federal payment,

(d) supports the appointment of a high level task force as recommended by the Australian Agricultural and Primary Industries Ministers’ meeting on 3 March 2000 to inquire into and report on the financial effect of the loss of milk quotas on dairy farmers as well as rural communities,

(e) requests the task force to publicise its findings within the first 6 months and at similar intervals thereafter until stability in the dairy industry is achieved.

Upon which Mr Bull has moved: That the question be amended as follows:

1. Paragraph (b). Omit “compensation” insert instead “structural adjustment”.

2. Paragraph (c). Omit paragraph (c), insert instead:

(b) demands the NSW Carr Labor Government provides a structural adjustment package to the dairy industry, at least equivalent to the $80 million it provided to the forest industry, funded from the $156.5 million it will receive in National Competition Policy payments in 2000/01 from the Federal Government,

Upon which Mr Kelly has further moved: That the question be amended by omitting paragraphs (b) and (c) and inserting instead:

(b) calls on the Federal Government to implement a national floor price for market milk to enable dairy farmers to remain viable,—Mr Oldfield speaking (20 minutes remaining).

Debate—49 minutes remaining.

35. Ms Rhiannon to move—

That this House urges the Government and in particular the Minister for Ports to strengthen existing regulations on the recreational use of motorised personal water craft to:

(a) create a “surfpath” along the New South Wales coast in which the recreational usage of motorised personal water craft is banned for a minimum distance of 300 metres from the water’s edge unless specific and clearly designated and sign-posted exclusive use areas are set aside by the relevant councils after open public discussion and concurrence,

(b) ban the recreational use of motorised personal water craft in Sydney Harbour and all other Sydney inland waterways, including all estuarine and inland waterways from Cronulla Beach to Palm Beach, including Pittwater and the Hawkesbury River and its tributaries,

(c) require all motorised personal water craft to display a registration number in two locations, being either starboard and port or bow and stern, at a minimum height of 200 mm on a contrasting background,

(d) ban the recreational use of motorised personal water craft between sunset and sunrise,

(e) require all recreational motorised personal water craft that are powered by outboard motors be fitted with effective prop guards,

(f) require all drivers of motorised personal water craft be licensed, and have a minimum age of 16 years,

(g) require all drivers and passengers of motorised personal water craft to wear lifejackets and have a zero blood alcohol level.

(Notice given 4 April 2000)

36. Dr Chesterfield-Evans to move—

1. That this House notes that:

(a) Transgrid is keen to augment the electricity grid of the Sydney CBD as well as those at Molong and Balranald,

(b) this decision has been arrived at without a public tender process,

(d) the alternatives of demand management and co-generation have not been fully considered,

(e) currently, no regulatory mechanism for an open process of assessing options for the electricity grid is in place,

(f) both South Australia and Victoria are moving towards a separation of network planning and the network operation function.

2. That this House refers the issue of electricity augmentation and regulation in NSW to the General Purpose Standing Committee No. 5 for inquiry and report, and in particular:

(a) Transgrid’s proposed augmentation of the grid in the Sydney CBD, Molong and Balranald,

(b) alternatives to augmentation, including demand management and co-generation,

(c) options and recommendations for a regulatory structure that would allow for a transparent and open process for future management of the NSW electricity grid.

(Notice given 6 April 2000)

37. Reference to General Purpose Standing Committee No. 4 - CityRail Train Services: resumption of the adjourned debate (14 April 2000) of the question on the motion of Mr Jobling:

That General Purpose Standing Committee No. 4 inquire into and report on the operating systems of the New South Wales CityRail train service with specific reference to:
(a) the operating systems,

(b) safety systems and their operation,

(c) CityRail on time running performance and delays and other service interruptions,

(d) the incidence of crime throughout the operating system,

(e) the introduction of the “new generation” Tangara carriages into the system and compliance with the schedules of delivery—Mr Jobling speaking (21 minutes remaining).

Debate—171 minutes remaining.

38. Ms Rhiannon to move—

1. That a Select Committee be appointed to inquire into and report on the operation and administration of the Transport Administration Act 1988 and in particular its impact on:

(a) the standards of service to passengers in urban, regional and rural New South Wales, including the issues of on-time running and frequency of services,

(b) the occupational health and safety of workers in railway services,

(c) the safety of passengers and the requirements of the Railway Act 1993,

(d) staffing levels, particularly in maintenance, cleaning and railway stations,

(e) the long-term development and retention of expertise in technology, operations and management of urban, regional and rural railway services and infrastructure,

(f) public accountability,

(g) lines of responsibility and accountability between the Rail Access Corporation, the State Rail Authority, Freight Rail Corporation and contractors, including the Railway Services Authority,

(h) the control and accountability of the Minister for Transport in relation to the decisions and activities of the Rail Access Corporation and the State Rail Authority,

(i) mechanisms for performance-based reporting and oversight of network-wide operations.

2. That, notwithstanding anything to the contrary in the Standing Orders, the Committee consist of the following members:

(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,

(c) 2 Cross Bench Members nominated by agreement among Cross Bench Members. In the absence of any agreement the representation on the Committee is to be determined by the House.

3. That, notwithstanding anything to the contrary in the Standing Orders, the time and place for the first meeting of the Committee be fixed by the Clerk of the House.

4. That the Chair, or other member acting as Chair at a meeting of the Committee, have a deliberative vote and in the event of an equality of votes, a casting vote.

5. That the Committee have leave to sit during any adjournment of the Houses, to adjourn from place to place, to make visits of inspection within New South Wales, and other States and Territories of Australia with the approval of the President, and have power to take evidence and to send for persons, papers, records and things, and to report from time to time.

6. 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 House,

(b) the document be printed and published and the Clerk forthwith take such action as is necessary to give effect to the order of the House, and

7. 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.

8. That the Committee report by Tuesday 29 August 2000.

(Notice given 11 April 2000)

39. Dr Chesterfield-Evans to move—

1. That this House recognises that motorcyclists are legitimate road users and as such are entitled to have their safety taken into consideration in road repair and construction.

2. That the Joint Standing Committee on Road Safety inquire into and report on the safety of motorcyclists and in particular:

(a) the use of temporary steel plates covering road trenches,

(b) the use of Brifen wire rope safety fences,

(c) the placement of ‘traffic calming’ chicanes, speedhumps, roundabouts, roadside poles and furniture, steep curbs and other obstructions of view,

(d) the level of inconsistency in the road friction surface index for sealed roads in New South Wales.

3. That the Committee report by 20 June 2000.

4. That the Legislative Assembly be requested to pass a similar resolution.

(Notice given 12 April 2000)

40.

Mr Breen to move—

That in accordance with the resolution of the House of 21 October 1997 the following documents relating to paedophilia tabled by Mrs Arena on the same date and retained in the custody of the Clerk, be now made available for inspection by members of this House and not published or copied without an order of the House:

(a) Volumes 1 and 2 – General Information provided to Mrs Arena detailing allegations of paedophilia and child sexual assaults, including statutory declarations, and other documentation,

(b) Volume 3 – Information and documents provided by W26 and other related information concerning allegations of paedophilia,

(c) Volume 4 –

(Notice given 13 April 2000)

41. Mr Moppett to move—

That this House:

(a) notes the Coalitions policy to expand Senior’s and Pensioner’s travel concessions to extend special provision for residents of rural and remote NSW,

(b) notes with satisfaction that residents of Sydney, Wollongong and Newcastle have access to $1.00 and $2.00 Pensioner Excursion tickets for travel on Cityrail and State Transit services,

(c) deplores the discriminatory policy which limits the Countrylink Pensioner Excursion ticket to a distance of 129 kilometres,

(d) notes the example of residents of Nyngan who cannot access the $2.00 Countrylink Pensioner Excursion ticket to travel to the nearest city, Dubbo, because it is 30 kilometres outside the limit,

(e) calls on the Government to extend the Countrylink Pensioner Excursion ticket to their nearest centre,

(f) calls on the Government to adopt the recommendations as set out in the NSW National Party’s submission to the Public Transport Authority on Public Transport Concessions.

(Notice given 14 April 2000)

42. Mr Gay to move—

That leave be given to bring in a Bill for an Act to amend the Pay-roll Tax Act 1971 to grant exemptions from payment of pay-roll tax in relation to employees of country businesses.

(Pay-roll Tax Amendment (Country Employment) Bill 2000 – Part 1)

(Notice given 2 May 2000)

43.

Ms Rhiannon to move—

That this House take note of the Special Report of the Ombudsman entitled “Handling of Child Abuse Allegations Against Employees: An Investigation into the system used by the NSW Department of Education and Training”, dated April 2000.

(Notice given 2 May 2000)

44. Dr Chesterfield-Evans to move—

That leave be given to bring in a Bill for an Act to require Government contracts, and tenders relating to Government contracts, to be made available for public inspection, and to enable the Auditor-General to audit the accounts of persons and bodies that receive public money by way of grant.

(Government (Open Market Competition) Bill)

(Notice given 4 May 2000)

45. Mr Gallacher to move—

That leave be given to bring in a Bill for an Act to amend the Freedom of Information Act 1989 with respect to the appointment and functions of a Freedom of Information Commissioner, and for other purposes.

(Freedom of Information Amendment (Open and Accountable Government) Bill (No 2))

(Notice given 26 May 2000)

46. Mrs Sham-Ho to move—

That the House take note of Report No. 4 of General Purpose Standing Committee No. 3 entitled “Report on contract of employment of Commissioner of Police”, dated May 2000.

(Notice given 31 May 2000)

47. Reference to Standing Committee on Social Issues: resumption of the adjourned debate (23 June 2000) of the question on the motion of Dr Chesterfield-Evans:

(1) That the Standing Committee on Social Issues inquire into and report on the Child and Family Services of the Department of Community Services, with particular reference to:

(a) the adequacy of systems for dealing with notifications and reports of child abuse and neglect and requests for service,

(b) the availability of appropriate out-of-home care placements for children and families at risk,

(c) the effectiveness of departmental restructures carried out between 1988 and 2000 in attempting to improve client service delivery,

(d) the adequacy of resources and allocations by Treasury to provide Child and Family Services,

(e) the staffing of the Department’s Child and Family Services, including:

(f) the implementation of the Children and Young Persons (Care and Protection) Act 1998, and related legislation, including the level of consultation undertaken in developing and implementing the Act,

(g) the role of research and consultation in developing legislation relating to child and family intervention.

(2) That the Committee report in relation to paragraph 6 by the first sitting day in November 2000 and in relation to all other matters by the Thursday of the first sitting week of the Legislative Council in 2001.

Upon which Mrs Forsythe has moved: That the question be amended by omitting all words after “That” at the commencement and inserting instead:

(a) the current policies, procedures, practice and results of the Department in dealing with notifications and reports of child abuse and neglect and requests for service, and case management thereof,

(b) the state of information and review systems monitoring out of home placements,

(c) the suitability of the proposed amendments to the Children and Young Persons (Care and Protection) Act 1998, and related legislation, including the level of consultation undertaken by the Minister in developing those proposed amendments and related legislation,

(d) the current and proposed role for the non government sector in Child and Family Services,

(e) the effectiveness of relevant departmental restructures,

(f) the adequacy of resources and budget allocation to provide Child and Family Services,

(g) the staffing of the Department’s Child and Family Services, including:

(h) the role of research, including cohort studies, consultation and monitoring in developing policy and legislation relating to child and family services,

(i) the extent to which the current reforms to Child and Family Services are having an effect on Departmental clients, including outcomes of children in the care of the State,

(j) the provision and quality of services and outcomes to children in the care of the State, with special reference to Article 39 of the United Nations Convention On the Rights of The Child.

(k) That the Committee report in relation to paragraphs 1 (a), (b) and (c) by the first sitting day in November 2000, and in relation to all other matters by the Thursday of the first sitting week in 2001—Mrs Forsythe speaking (5 minutes remaining).

Debate—128 minutes remaining
48. Ms Rhiannon to move—

That leave be given to bring in a Bill for an Act to amend the Mining Act 1992 so as to prohibit cyanide leach processing of ores; and for related purposes.

(Mining Amendment (Cyanide Leaching) Bill)

(Notice given 22 June 2000)

49. Ms Rhiannon to move—

That leave be given to bring in a Bill for an Act to amend the Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986 to make further provision for prohibiting nuclear facilities and in connection with the storage and disposal of nuclear waste in the State.

(Uranium Mining and Nuclear Facilities (Prohibitions) Amendment Bill)

(Notice given 23 June 2000)

50. Summoning of witnesses to the Bar of the House: resumption of the adjourned debate (31 August 2000) of the question on the motion of Mr Richard Jones:

That, under section 4 of the Parliamentary Evidence Act 1901:

be summoned to attend and give evidence at the Bar of the House on Thursday 31 August 2000 at 11.30 am, and afterwards as required, in relation to the M5 East Motorway Ventilation Stack and related matters, and in particular:

(a) the Report of General Purpose Standing Committee No. 5 on the M5 East Ventilation Stack, dated December 1999,

(b) the outcomes of the International Tunnel Ventilation Workshop, held in Sydney from 7 to 9 June 2000,

(c) the CSIRO report entitled “Investigation Report ET/IR204R Air Quality Impact of the Emissions from the M5 East Tunnel”, dated August 2000.

Upon which Mr Ryan has moved: That the question be amended as follows:

No. 1 Omit “Thursday 31 August 2000 at 11.30 am”. Insert instead “Thursday 7 September 2000 at 2.30 pm for a period not exceeding 2 hours”.

No. 2 Insert at the end:

2. That Members may submit written notice of questions to be asked of the witnesses, for answer during their evidence, to the Clerk of the House by 5.00 pm on Tuesday 5 September 2000. The Clerk is to forward copies of the questions to the witnesses as soon as practicable.

3.

Debate—76 minutes remaining.

51. Select Committee on Workers Compensation: resumption of the adjourned debate (5 September 2000) of the question on the motion of Mr Gallacher:

1. That a Select Committee be appointed to inquire into and report on the system of workers compensation in New South Wales, as established under the Workplace Injury Management and Workers Compensation Act 1998, including:

(a) the deficit in the workers compensation scheme,

(b) the Government’s decision making in relation to proposals for private underwriting of the compensation scheme,

(c) the cost of workers compensation insurance premiums in NSW, including comparisons with workers compensation premiums in other jurisdictions,

(d) options for future reform of the workers compensation system in New South Wales, including:

(i) the manner of determining workers compensation premiums,

(ii) measures to assist the return to work of injured workers,

(iii) the functions, structure and operations of WorkCover NSW,

(iv) measures to reduce the level of fraudulent claims,

(v) the impact of workers compensation costs on employment in NSW,

(e) any other matter arising out of or incidental to these terms of reference.

2. (1) That, notwithstanding anything to the contrary in the Standing Orders, the Committee consist of 7 Members, comprising:

(a) 3 Government Members nominated by the Leader of the Government,

(b) 2 Opposition Members nominated by the Leader of the Opposition,

(c) 2 Cross Bench or Independent Members nominated by agreement between Cross Bench and Independent Members. In the absence of any agreement the representation on the Committee is to be determined by the House.

3. That, notwithstanding anything to the contrary in the Standing Orders, the time and place for the first meeting of the Committee be fixed by the Clerk of the House,

4. That, notwithstanding anything to the contrary in the Standing Orders, the Committee is to elect a Chair and a Deputy Chair at its first meeting. The Deputy Chair is to act as Chair when the Chair is absent from a meeting of the Committee.

5. 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 the State, and other States and Territories of Australia with the approval of the President, and have power to take evidence and to send for persons, papers, records and things, and to report from time to time.

6. (1) That, should the House stand adjourned and the Committee agree to any report before the House resumes sitting, the Committee have leave to send any such report, minutes of proceedings and evidence taken before it to the Clerk of the House.

(2) A report presented to the Clerk is:

(a) on presentation, and for all purposes, deemed to have been laid before the House,

(b) to be printed by authority of the Clerk,

(d) to be recorded in the Minutes of the Proceedings of the House.

7. 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.

8. That the Committee table an interim report dealing with the matters set out in paragraphs 1 (a), (b) and (c) by the first sitting day in 2001—Ms Rhiannon speaking (12 minutes remaining).

Debate—98 minutes remaining.

52. Revd Mr Nile to move—

That leave be given to bring in a Bill for an Act to regulate human reproductive cloning, related procedures and associated research.

(Human Cloning and Embryo Experimentation Bill)

(Notice given 29 August 2000)

53. Mr Gallacher to move—

That this House disassociates itself from the support given by the Honourable John Della Bosca, Assistant Treasurer, for the extension of the Goods and Services Tax to food.

(Notice given 29 August 2000)

54. Mr Harwin to move—

That this House takes note of the following reports of the Regulation Review Committee:

(a) Report No. 1/52 entitled “Proceedings of the Seventh Australasian and Pacific Conference on Delegated Legislation, Fourth Australasian and Pacific Conference on the Scrutiny of Bills, 21, 22 and 23 July 1999”, and tabled in this House on 8 October 1999,

(b) Report No. 2/52 entitled “Study Trip to Brisbane, Queensland, 22-25 August, 1999 Casino Control Regulation 1995 and amendments, Retail Leases (Sydney Airport) Regulation 1999”, and tabled in this House on 8 October 1999,

(c) Report No. 3/52 entitled “Report on the Dangerous Goods (General) Regulation 1999”, and tabled in this House on 26 October 1999,

(d) Report No. 4/52 entitled “Report on the Postponement of the Staged Repeal of the Public Health Regulation 1991”, and tabled in this House on 30 November 1999,

(e) Report No. 5/52 entitled “Report on the Tow Truck Industry Regulation 1999”, and tabled in this House on 30 November 1999,

(f) Report No. 6/52 entitled “Report on the Meeting of the Working Group of Chairs and Deputy Chairs of Australian Scrutiny of Primary and Delegated Legislation Committees”, and tabled in this House on 6 April 2000,

(g) Report No. 7/52 entitled “Report on the Marine Parks Regulation 1999”, and tabled in this House on 6 April 2000,

(h) Report No. 8/52 entitled “Report on the Adoption of Codes of Practice under the Construction Safety Amendment (Amenities and Training) Regulation 1998”, and tabled in this House on 5 May 2000,

(i) Report No. 9/52 entitled “Re-Engineering Regulations in New South Wales for the 21st Century—Part 1”, and tabled in this House on 7 June 2000,

(j) Report No. 10/52 entitled “Report on Environmental Planning and Assessment (Savings and Transitional) Amendment (Olympic Co-ordination Authority) Regulation 1999, and tabled in this House on 29 August 2000,

(k) Report No. 11/52 entitled “Report on Lord Howe Island (Elections) Regulation 1999”, and tabled in this House on 29 August 2000.

(Notice given 29 August 2000)

55. Gunnedah Charcoal Plant: resumption of the adjourned debate (6 September 2000) of the question on the motion of Mr Cohen:

That this House requests the Minister for Urban Affairs and Planning to withdraw the Environmental Impact Statement for the Gunnedah Charcoal Plant due to the failure of the document to satisfy the specified requirements of the Director-General of Urban Affairs and Planning—Ms Rhiannon speaking (11 minutes remaining).

Debate—69 minutes remaining.

56. Mr Oldfield to move—

That leave be given to bring in a Bill for an Act to amend the Public Health Act 1991 with respect to the use of tobacco products and non-tobacco smoking products by minors and the availability of such products to them.

(Public Health Amendment (Juvenile Smoking) Bill)

(Notice given 31 August 2000)

57. Mr Jobling to move—

That during the present Session and unless otherwise ordered, the Clerk is authorised to give into the custody of State Records documents tabled under Standing Order 18 and made public, 12 months after the tabling of those documents.

(Notice given 5 September 2000)

58. Mr Gallacher to move—

That General Purpose Standing Committee No. 1 inquire into and report on:

(a) the financial capacity of the Government to contribute to a national employee entitlement scheme with the Commonwealth to protect the entitlements and accrued benefits of employees when a business fails

(b) the implications of such a scheme on the businesses and citizens of New South Wales.

(Notice given 7 September 2000)

59. Dr Pezzutti to move—

That this House:

(a) celebrates the 200th anniversary of the raising of the Army Reserve in Australia,

(b) commemorates the service of civilian volunteers to supplement the Regular Armed Forces in Australia over that period,

(c) acknowledges the role played by those Reservists in all phases of Australian history including the sending of expeditionary forces to the Sudan, the Boer War and the Boxer Rebellion,

(d) acknowledges the preparedness of Reservists in times of general war in World War I and World War II to serve in the Regular Army in the defence of our Nation,

(e) recognises the important of Reservist Battalions serving in a most gallant way in Papua New Guinea,

(f) commends those members of the Reserve who have served in East Timor and Bougainville,

(g) thanks all Reservist members of the Army, Navy and Air Force in the past for their services,

(h) acknowledges with thanks the involvement of the Reservists at times of national natural disaster,

(i) encourages young men and women to serve as part of the volunteer Reserve to continue the tradition established over the past 200 years.

(Notice given 7 September 2000)

*60. Fisheries Industry (Interim Protection and Environmental Assessment) Bill: resumption of the adjourned debate of the question on the motion of Dr Chesterfield-Evans: That this Bill be now read a second time (5 calendar days from 2 November 2000)—Miss Gardiner (20 minutes)

61.

Miss Gardiner to move—

That leave be given to bring in a Bill for an Act to provide interim protection for commercial fishing licences and other authorities granted in respect of fishing activities and to make provision for the environmental assessment of fishing activities; and for related purposes.

(Fisheries Industry Licences (Interim Protection and Environmental Assessment) Bill)

(Notice given 10 October 2000)

62. Mr Cohen to move—

That leave be given to bring in a Bill for an Act to amend the Parliamentary Contributory Superannuation Act 1971 to remove the entitlement of a member of Parliament to any pension or other benefit under that Act before the person ceases to be a member of Parliament.

(Parliamentary Contributory Superannuation Amendment (Sitting Members’ Entitlements) Bill)

(Notice given 31 October 2000)

63. Mr Breen to move—

1. That the Legislative Council considers that, in speaking in the Council or in a committee, Members should take the following matters into account:

(a) the need to exercise their valuable right of freedom of speech in a responsible manner,

(b) the damage that may be done by allegations made in Parliament to those who are the subject of such allegations and to the standing of Parliament,

(c) the limited opportunities for persons other than members of Parliament to respond to allegations made in Parliament,

(d) the need for Members, while fearlessly performing their duties, to have regard to the rights of others, and

(e) the desirability of ensuring that statements reflecting adversely on persons are soundly based.

2. That the President, whenever the President considers that it is desirable to do so, may draw the attention of the Legislative Council to the spirit and the letter of this resolution.

(Notice given 2 November 2000)

64. Mr Gay to move—

That leave be given to bring in a Bill for an Act to amend the Parliamentary Electorates and Elections Act 1912 in respect of the preparation of rolls of electors and the identification of persons entitled to vote, and in other respects.

(Parliamentary Electorates and Elections Amendment (Enrolment and Voting) Bill (No 2))

(Notice given 17 November 2000)

65. Mr Breen to move—

That leave be given to bring in a Bill for an Act with respect to the display of the coat of arms of the State.

(State Arms Bill)

(Notice given 22 November 2000)

66. Mr Richard Jones to move—

That the House take note of the Report No. 9 of General Purpose Standing Committee No 5 entitled “Report on Inquiry into Northside Storage Tunnel – Scotts Creek Vent”, dated November 2000.

(Notice given 28 November 2000)

67. Mr Cohen to move—

That leave be given to bring in a Bill for an Act to amend the Defamation Act 1974 with respect to publications associated with laws relating to planning and environmental matters.

(Defamation Amendment (Planning and Environmental Matters) Bill)

(Notice given 28 November 2000)

68. Revd Mr Nile to move—

That leave be given to bring in a Bill for an Act to amend the Education Act 1990 with respect to corporal punishment in schools.

(Education Amendment (Corporal Punishment) Bill)

(Notice given 29 November 2000)

69. Ms Rhiannon to move—

1. That this House:

2. That this House calls on the Attorney General to establish a fresh evidence inquiry into the arrest and sentencing of Ms Catt, as provided for under section 474B of the Crimes Act 1900.

(Notice given 29 November 2000)

70. Mrs Sham-Ho to move—

That leave be given to bring in a Bill for an Act to make provision with respect to standards for, and the practice of, Chinese medicine.

(Chinese Medicine Practice and Standards Bill)

(Notice given 1 December 2000)

71. Mr Moppett to move—

That this House resolves:

1. To seek the concurrence of the Legislative Assembly to the appointment of three Members of the Legislative Council to the Public Accounts Committee.

2. That the Members from the Legislative Council shall be those Members elected from time to time to reflect the party composition of the House.

3. That, in the event that the Legislative Assembly declines the proposal, this House refers the matters currently under inquiry by the Public Accounts Committee for consideration and inquiry by General Purpose Standing Committee No. 1.

(Notice given 1 December 2000)

72. Mr Cohen to move—

1. That this House:

2. That this House:

(Notice given 5 December 2000)

73. Ms Rhiannon to move—

1. That this House:

2. That this House condemns the Government for creating false hopes that the entitlements of Woodlawn mine workers would be paid out, and calls on the Government to urgently:

(Notice given 7 December 2000)

74.

Mr Cohen to move—

That leave be given to bring in a Bill for an Act to establish and confirm the right of a person who is terminally ill to request assistance from a medically qualified person to voluntarily terminate his or her
life in a humane manner; to allow for such assistance to be given in certain circumstances without legal impediment to the person rendering the assistance; to provide procedural protection against the possibility of abuse of the rights recognised by this Act; and for related purposes.

(Rights of the Terminally Ill Bill)

(Notice given 27 February 2001)

75. Dr Pezzutti to move—

That this House:

(a) condemns the Government for failing to deliver the promises made to this House that they would reduce Compulsory Third Party insurance by $100,

(b) notes with concern that this promise has certainly not been delivered to people in country New South Wales,

(c) views with concern the rises in Compulsory Third Party insurance, especially for young people and the transport industry.

(Notice given 27 February 2001)

76. Mr Richard Jones to move—

That leave be given to bring in a Bill for an Act to provide for the payment of refunds on certain containers; to prohibit the sale of certain containers; to provide for incidental matters; and for other purposes.

(Container Deposit Bill)

(Notice given 1 March 2001)

77. Mr Oldfield to move—

That this House:

(a) views with concern attacks on emergency services personnel carrying out their duty to protect the public,

(b) notes the decision of the Court of Criminal Appeal of 28 February 2001 to reduce the sentence imposed on the convicted murderer of Constable Peter Forsythe,

(c) calls on the Government to immediately introduce legislation imposing life sentences on the murderers of emergency services personnel carrying out their duty,

(d) calls on the Government to immediately introduce legislation imposing mandatory gaol terms on those who assault emergency services personnel carrying out their duty.

(Notice given 1 March 2001)

78. Mr Breen to move—

That this House censures the Minister for Transport for his role in the Roads and Traffic Authority's offer to the residents of the Turrella and Earlwood areas to buy back 270 properties within a radius of 400 metres of the M5 East emission stack, on the grounds that the offer:

(a) simply shifts the problem of an unhealthy and inappropriate development from one group of citizens to another,

(b) is significantly less generous than the existing guarantee offered to home owners above the tunnel and within 100m of its exits, and is therefore not an extension of this existing offer as the Minister has claimed,

(c) does not cover some of the homes most affected by the pollution from the stack,

(d) does not represent a goodwill gesture, as claimed by the Minister, as it does nothing to actually alleviate the environmental problems arising from the stack, which is the chief concern of the community,

(e) ignores international research and best practice experiences on road tunnel emissions,

(f) ignores the advice given by the international experts at the Minister's ventilation conference, that the stack design was inappropriate and would create excessive and unnecessary amounts of greenhouse gases,

(g) ignores the advice given by experts that the ventilation system will be wasteful of energy and will have unnecessarily high running costs in perpetuity,

(h) will cost the taxpayers of NSW as much as the installation of filtration equipment which is the obvious solution to the M5 traffic emissions,

(i) sets a dangerous precedent for the Cross City and Lane Cove tunnels, where similar buy back provisions could cost the taxpayers of NSW almost as much as the cost of the tunnels.

(Notice given 1 March 2001)

79. Ms Rhiannon to move—

1. That in respect of the Regional Environment Plan and Environmental Planning Strategy for the Australian Defence Industries (ADI) site at St Marys, this House condemns the Government for failing to:

2. That this House calls on the Government to:

(a) repeal both the Regional Environment Plan and Environmental Planning Strategy for the ADI site at St Marys,

(Notice given 6 March 2001)

80. Mr Richard Jones to move—

That leave be given to bring in a Bill for an Act to amend section 121 of the National Parks and Wildlife Act 1974 with respect to the harm that may be done to fauna under the authority of a licence under that section, and for other purposes.

(National Parks and Wildlife Amendment (Occupier’s Licences) Bill)

(Notice given 6 March 2001)

81. Ms Rhiannon to move—

That this House:

(a) recognises that more than 100,000 outworkers and their families in New South Wales are still waiting for relief from long hours of work (12-14 hour days) for pay as little as $2 and $3 per hour, without access to Workers’ Compensation or Superannuation,

(b) recognises that a new compliance scheme is needed that would share responsibility for outworkers’ wages and conditions right throughout out the clothing production chain and that would make that production chain transparent,

(c) calls on the government to implement the proposals set out in “Behind the Label”, the report on outworkers in New South Wales produced by the Department of Industrial Relations in December 1999.

(Notice given 7 March 2001)

82. Ms Rhiannon to move—

That this House:

(a) condemns both the State and Federal Governments for failing to adequately fund TAFE in New South Wales, and, in particular, for policies which are leading to the closure of facilities such as the purpose-built flexible delivery centre for Engineering and Manufacturing Trades at Shellharbour TAFE and library services throughout the Illawarra Institute of Technology,

(b) calls on the State and Federal Governments to abandon false measures of efficiency and utilization such as floor space area per student and to develop instead, policy settings which allow TAFE colleges to expand to meet the growing demand,

(c)

calls on the Minister for Education and Training to direct the Illawarra Institute of Technology to re-open the purpose-built flexible delivery centre for Engineering and Manufacturing Trades at Shellharbour TAFE, and those library services in the Illawarra Institute of Technology which have been closed.

(Notice given 7 March 2001)

83. Ms Rhiannon to move—

1. That under Standing Order 18, there be laid upon the Table of the House and made public without restricted access no later than 5.00pm Thursday 12 April 2001, the final report of the independent review of container deposit legislation prepared by Dr Stuart White and the Institute for Sustainable Futures.

2. 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.

(Notice given 8 March 2001)

84. Ms Rhiannon to move—

That leave be given to bring in a Bill for an Act to constitute the Callan Park Trust and define its functions, to vest certain land and other property in that Trust; and for other purposes.

(Callan Park Trust Bill)

(Notice given 27 March 2001)

85. Dr Pezzutti to move—

That this House:

(a) calls for an immediate interim authorisation by the Australian Consumer Competition Commission to allow urgent negotiations between farmers, processors and supermarkets to restore a farmer price for market milk at least 5 cents above current prices,

(b) calls on the Government to undertake an extensive study into the dynamics of milk pricing across the board including the imbalance of market power at the wholesale level, domestic versus export comparisons, the availability of premiums for year round supply and the examination of alternative systems which might release farmers from the current captive price taking position.

(Notice given 27 March 2001)

86. Dr Chesterfield-Evans to move—

That this House calls on the Government to commit itself to substantially increasing capital funding for public schools in New South Wales so as to redress their neglect and that such funding not be derived from the sale of public assets.

(Notice given 27 March 2001)

87. Dr Chesterfield-Evans to move—

That this House confirms the concept of separation of church and state.

(Notice given 27 March 2001)

88. Dr Chesterfield-Evans to move—

1. That this House notes the significance of allegations raised by Dr. Ted Steele of Wollongong University and others about declining academic standards and inappropriate influence on academic grading in New South Wales universities.

2. That this House recognises:

(a) the importance of quality tertiary education in the economic and social development of New South Wales

(b) the significance of New South Wales educational institutions in developing and promoting education services as an export industry

(c) that any economic or cultural gains for New South Wales will be jeopardised by any perceived slide in education standards.

3. That this House calls upon:

(a) all universities in New South Wales to maintain and improve their academic standards

(b) all Members who are on University Senates, Councils or Boards to report back to this House on how their respective institutions plan to maintain or improve academic standards of students

(c) the Government to request the Federal Government to convene a COAG Task Force to consider what measures may be taken to protect educational standards.

(Notice given 4 April 2001)

89. Mr Malcolm Jones to move—

That leave be given to bring in a Bill for an Act to amend the Taxation Administration Act 1996 to provide for the refund of State taxes in circumstances where GST is payable.

(Taxation Administration Amendment (Refund of Taxes) Bill 2001)

(Notice given 4 April 2001)

90. Mr Gallacher to move—

That leave be given to bring in a Bill for an Act to amend the Water Management Act 2000 to declare Parliament’s intention that a referendum be conducted before certain functions of Gosford City Council or Wyong Council relating to water and sewerage services are reduced, abolished or suspended.

(Water Management Amendment (Central Coast Water and Sewerage) Bill)

(Notice given 5 April 2001)

91. Mr Gallacher to move—

1. That the General Purpose Standing Committee No. 3 inquire into and report on the Home Warranty Insurance Scheme, as established under the Home Building Act 1989 and as amended by the Building Services Corporation Legislation Amendment Act 1996, including, but not limited to:

(a) the process of determining approved insurance providers

(b) the processes for ongoing reassessment of those providers

(c) measures for encouraging new approved insurance providers

(d) the role of the Department of Fair Trading and the Fair Trading Tribunal in dispute resolution

(e) proposals for improvements to dispute resolution processes

(f) the effectiveness of the scheme in protecting consumers and building contractors

(g) the effectiveness of the scheme in paying claims and rectifying faulty building work

(h) the process of licensing building contractors

(i) the long term financial viability of the scheme

(j) any other matter arising out of or incidental to these terms of reference.

2. That, notwithstanding anything to the contrary in the Standing Orders, the time and place for the first meeting of the Committee be fixed by the Clerk of the House.

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 the State and have the power to take evidence and to send for persons, papers, records and things, and to report from time to time.

4. (1) That, should the House stand adjourned and the Committee agree to any report before the House resumes sitting, the Committee have leave to send any such report, minutes of proceedings and evidence taken before it to the Clerk of the House.

(2) A report presented to the Clerk is:

(a) on presentation, and for all purposes, deemed to have been laid before the House,

(b) to be printed by authority of the Clerk,

(c) for all purposes, deemed to be a document published by order or under the authority of the House, and

(d) to be recorded in the Minutes of the Proceedings of the House.

(Notice given 11 April 2001)

92.

Ms Rhiannon to move—

1. That this House:

(e) recognises that there is no legitimate reason for an ordinary citizen to own a handgun.

2. That this House calls on the Government to:

(Notice given 11 April 2001)

93. Dr Chesterfield-Evans to move—

1. That this House requests the Government to expand the proposed terms of reference of the judicial inquiry by the Honourable Justice Terry Sheahan into aspects of the Workers Compensation Legislation Amendment Bill 2001 as referred by the Minister of Industrial Relations and as stated in a press release by the Minister on 21 May 2001, to include:

(h) options for future reform of the workers compensation system in New South Wales, including:

(i) the manner of determining workers compensation premiums,

(ii) measures to assist the return to work of injured workers,

(iii) the functions, structure and operations of WorkCover New South Wales,

(iv) measures to reduce the level of fraudulent claim, and

(v) the impact of workers compensation costs on employment in New South Wales, and

(i) any other matter arising out of or incidental to these terms of reference.

2. That this House seeks an assurance from the Government that:

(Notice given 29 May 2001)

94. Mrs Forsythe to move—

1. That General Purpose Standing Committee No. 1 inquire into and report on the circumstances leading to statements made by the Hon. John Aqualina, MP, Minister for Education and Training, on 10 April 2001, concerning an incident at a western Sydney high school, including but not limited to:

(a) the circumstances in which the initial incident was reported to officers of the Department of Education and Training (DET) and to the Minister,

(b) whether further advice was sought on the details of the incident, the nature of such advice, if any, and the process of determining how the incident would be publicly used,

(c) all communications relating to the incident between officers of DET, other Government agencies, ministerial offices and the Minister and the Premier,

(d) the action taken by officers of DET or the Ministry once the incident became public, and whether advice was given about the accuracy of statements made public,

(e) any other matters arising out of or incidental to these terms of reference.

(Notice given 29 May 2001)

95. Ms Rhiannon to move—

That this House:

(a) recognises that refugees and asylum seekers should not be classified as illegal immigrants, as often their only crime is to flee life-threatening situations of persecution and war,

(b) recognises that in many countries it is virtually impossible to apply for refugee status to Australia,
(c) recognises that Australia’s refugee laws are among the harshest of any wealthy nation in the world,

(d) recognises that the conditions in Australia’s detention facilities are inadequate, with frequent over-crowding, leading to an increased sense of alienation and desperation amongst detainees,

(e) calls upon the Minister for Immigration to cease the deportation of refugees when there is any risk that they may be persecuted or killed in their home nation,

(f) calls upon the Federal Government to allow refugees to live in the community while waiting for their applications to be processed, as occurs in other wealthy nations.

(Notice given 31 May 2001)

96. Mr Cohen to move—

1. That General Purpose Standing Committee No. 5 inquire into and report on the abolition of the Hawkesbury-Nepean Catchment Management Trust, and in particular:

2. That the Committee report by Friday 30 November 2001.

(Notice given 6 June 2001)

97.

Mr Cohen to move—

1. That General Purpose Standing Committee No. 5 inquire into and report on the clearing and overclearing of land in the vicinity of TransGrid transmission lines in the northern Kosciuszko Region, and in particular:

× State Forests,
× National Parks and Wildlife Service,
× the Environment Protection Authority, and
× the Department of Land and Water Conservation,

2. That in relation to any cross border issues with the Australian Capital Territory (ACT), the committee be authorised to meet with relevant committees of the ACT Legislative Assembly.

3. That the committee report by Tuesday 18 September 2001.

(Notice given 6 June 2001)

* Council Bill

____________________

GOVERNMENT BUSINESS—ORDERS OF THE DAY

1. Consumer Credit (New South Wales) Amendment (Pay Day Lenders) Bill: resumption of the adjourned debate (15 June 2001) of the question on the motion of Mr Obeid: That this Bill be read a second time—Mr Gallacher speaking.

(Standing Orders suspended for remaining stages, Wednesday 30 May 2001)

2. Crimes Legislation Amendment (Existing Life Sentences) Bill: consideration in Committee of the Whole—Mr Egan.

(Standing Orders suspended for remaining stages, Wednesday 6 June 2001)

3. Budget Estimates: resumption of the adjourned debate (5 June 2001) of the question on the motion of Mr Obeid: That the House take note of the Budget Estimates and related papers for the financial year 2001-2002—Mr Primrose.

4. Racing Legislation Amendment (Probity) Bill: adoption of report of Committee of the Whole—Mr Della Bosca.

(Standing Orders suspended for remaining stages, Tuesday 29 May 2001)

*5. Workers Compensation Legislation Amendment Bill: resumption of the adjourned debate of the question on the motion of Mr Della Bosca: That this Bill be now read a second time (5 calendar days from 29 March 2001)—Mr Gallacher.

*6. Industrial Relations Amendment (Leave) Bill: resumption of the adjourned debate of the question on the motion of Mr Shaw: That this Bill be now read a second time (5 calendar days from 22 June 2000)—Mr Jobling.

§7. Industrial Relations Amendment (Independent Contractors) Bill: further consideration (from 28 June 2000) in Committee of the Whole—Mr Della Bosca.

(Standing Orders suspended for remaining stages, Tuesday 20 June 2000)

§ Bill divided from Industrial Relations Amendment Bill, 28 June 2000

8. Queensland Legislative Council: resumption of the adjourned debate (27 March 2001) of the question on the motion of Mr Egan: That this House congratulate the Queensland Parliament on the seventy-ninth anniversary, next Saturday, of the abolition of the Queensland Legislative Council—Mr Breen speaking.

9. Public Health Amendment (Tobacco Control) Bill: consideration in Committee of the Whole—Mr Egan.

(Standing Orders suspended for remaining stages, Tuesday 26 October 1999)

10. Budget Estimates: resumption of the adjourned debate (31 October 2000) of the question on the motion of Mr Della Bosca: That the House take note of the Budget Estimates and related papers for the financial year 2000-2001—Mr Macdonald.

* Council Bill

____________________

WEDNESDAY 20 JUNE 2001

COMMITTEE REPORTS—ORDERS OF THE DAY

(Standing Committee Reports to be considered for 1 hour on Wednesdays after Question Time according to Resolution)

1. Standing Committee on Social Issues—Report No. 23 entitled “A Matter of Priority—Report on Disability Services: Second Report”: resumption of the adjourned debate (30 May 2001) of the question on the motion of Ms Burnswoods: That the House take note of the Report—Mr Moppett speaking. (12 minutes remaining)

2. Standing Committee on State Development—Report No. 23 entitled “Merger of country energy distributors”: resumption of the interrupted debate (6 June 2001) of the question on the motion of Mr Kelly: That the House take note of the Report—Mr Kelly speaking. (12 minutes remaining)

____________________

CONTINGENT NOTICES OF MOTIONS

Note: Contingent Notices of Motion are listed in full on the Notice Paper for the first sitting day of each week. On other days only new contingent Notices will be published in the Notice Paper.

PASSING OF GOVERNMENT BILLS THROUGH ALL STAGES

10. Mr Egan to moveC

Contingent on any of the undermentioned Bills being presented by the Legislative Assembly to the Legislative Council for its concurrence and having been read by the Council for the first time: 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:

Children and Young Persons (Care and Protection) Amendment (Permanency Planning) Bill

(Notice given at 11.10 am 21 June 2000)

Psychologists Bill

(Notice given at 11.07 am 12 October 2000)

Police Legislation Amendment (Special Constables) Bill
Summary Offences Amendment (Minors in Sex Clubs) and Theatres and Public Halls Repeal Bill

(Notice given at 2.41 pm 10 April 2001)

Appropriation Bill
Appropriation (Parliament) Bill
Appropriation (Special Offices) Bill
Insurance Protection Tax Bill
State Revenue Legislation Further Amendment Bill

(Notice given at 11.07 am 30 May 2001)
Police Powers (Drug Premises) Bill
Police Powers (Internally Concealed Drugs) Bill

(Notice given at 11.05 am 31 May 2001)

Home Building Amendment Bill

(Notice given at 2.35 pm 5 June 2001)

Passenger Transport Amendment (Transitways) Bill
Sydney Olympic Park Authority Bill

(Notice given at 11.08 am 6 June 2001)

11. Mr Gay to move—

Contingent on the Parliamentary Electorates and Elections Amendment (Enrolment and Voting) Bill (No. 2) being introduced and read a first time: That Standing and Sessional 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.

(Notice given at 11.07 am 17 November 2000)

____________________

BILLS DISCHARGED, LAID ASIDE, NEGATIVED OR WITHDRAWN

H Residential Tenancies Amendment (Domestic Violence) Bill
Second reading negatived, 23 September 1999.

H Residential Tenancies Amendment (Olympic Games) Bill
Second reading negatived, 23 September 1999.

H Public Health Amendment (Smoking in Vehicles) Bill
Second reading negatived, 14 October 1999.

H Gambling (Anti-Greed) Advertising Prohibition Bill
Second reading negatived, 11 November 1999.

H Sexual Offence Damages Bill
Second reading negatived, 11 November 1999

H Parliamentary Electorates and Elections Amendment (Registration of Parties) Bill
Discharged and withdrawn 11 November 1999

H Crimes Amendment (Sexual Offences) Bill
Second reading negatived, 18 November 1999

H Protected Disclosures Amendment Bill
Discharged and withdrawn 4 April 2000

HCrimes (Sentencing Procedure) Amendment (Life Sentence Confirmation) Bill (No. 2)
Second reading negatived, 30 August 2000

HEnvironmental Planning and Assessment Amendment (Public Participation and Environmental Protection) Bill
Second reading negatived, 31 August 2000

HCrimes Amendment (Firearms and Other Offensive Weapons or Instruments) Bill
Second reading negatived, 27 February 2001

H Private Members Public Bill

John Evans
Clerk of the Parliaments

___________________
Authorised by the Parliament of New South Wales

PARLIAMENT OF NEW SOUTH WALES

Notices of Motion No. 104, Thursday 7 June 2001

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