205
LEGISLATIVE COUNCIL
MINUTES OF PROCEEDINGS
No. 16
WEDNESDAY 2 JULY 2003
Contents
HYPERLINK \l "_Toc49843848" 1 Meeting of the House PAGEREF _Toc49843848 \h 208
HYPERLINK \l "_Toc49843849" 2 Message from the Legislative Assembly—Local Government Amendment (Employment Protection) Bill PAGEREF _Toc49843849 \h 208
HYPERLINK \l "_Toc49843850" 3 Precedence of Business (Formal Business) PAGEREF _Toc49843850 \h 208
HYPERLINK \l "_Toc49843851" 4 Petitions PAGEREF _Toc49843851 \h 208
HYPERLINK \l "_Toc49843852" 5 Notices of Motions PAGEREF _Toc49843852 \h 208
HYPERLINK \l "_Toc49843853" 6 Answers to Questions without Notice PAGEREF _Toc49843853 \h 209
HYPERLINK \l "_Toc49843854" 7 Business Postponed PAGEREF _Toc49843854 \h 209
HYPERLINK \l "_Toc49843855" 8 Suspension of Standing and Sessional Orders—Special Adjournment PAGEREF _Toc49843855 \h 209
HYPERLINK \l "_Toc49843856" 9 Workers Compensation Legislation Amendment Bill PAGEREF _Toc49843856 \h 209
HYPERLINK \l "_Toc49843857" 10 Questions PAGEREF _Toc49843857 \h 210
HYPERLINK \l "_Toc49843858" 11 Messages from the Legislative Assembly PAGEREF _Toc49843858 \h 210
HYPERLINK \l "_Toc49843859" (1) Local Government Amendment (Elections) Bill PAGEREF _Toc49843859 \h 210
HYPERLINK \l "_Toc49843860" (2) Bail Amendment Bill PAGEREF _Toc49843860 \h 210
HYPERLINK \l "_Toc49843861"
12 National Park Estate (Reservations) Bill PAGEREF _Toc49843861 \h 210
HYPERLINK \l "_Toc49843862"
13 National Parks and Wildlife Amendment (Telecommunications Facilities) Bill PAGEREF _Toc49843862 \h 212
HYPERLINK \l "_Toc49843863"
14 Suspension of Standing and Sessional Orders—Take note of Report on Review of the Office of the Inspector-General Department of Corrective Services PAGEREF _Toc49843863 \h 214
HYPERLINK \l "_Toc49843864"
15 Report on Review of the Office of the Inspector-General Department of Corrective Services PAGEREF _Toc49843864 \h 214
HYPERLINK \l "_Toc49843865"
16 Messages from the Legislative Assembly PAGEREF _Toc49843865 \h 214
HYPERLINK \l "_Toc49843866" (1) Commission for Children and Young People Amendment (Child Death Review Team) Bill PAGEREF _Toc49843866 \h 214
HYPERLINK \l "_Toc49843867" (2) Police Powers (Drug Detection in Border Areas Trial) Bill PAGEREF _Toc49843867 \h 214
HYPERLINK \l "_Toc49843868"
17 Adjournment PAGEREF _Toc49843868 \h 215
HYPERLINK \l "_Toc49843869"
18 Attendance PAGEREF _Toc49843869 \h 215
MEETING OF THE HOUSE
The House met at 11.00 am according to adjournment. In the absence of the President the Acting President (Ms Fazio) took the Chair and read the Prayers.
MESSAGE FROM THE LEGISLATIVE ASSEMBLY—LOCAL GOVERNMENT AMENDMENT (EMPLOYMENT PROTECTION) BILL
The Acting President reported the following Message from the Legislative Assembly:
Madam PRESIDENT
The Legislative Assembly has this day agreed to the Bill titled “An Act to amend the Local Government Act 1993 to provide employment protection for certain staff members transferred from the employment of one council to another council due to the constitution, amalgamation or alteration of council areas; and for other purposes” and returns the same to the Legislative Council without amendment.
Legislative Assembly JOHN PRICE
2 July 2003 Acting Speaker
PRECEDENCE OF BUSINESS (Formal Business)
Mr Egan moved, according to Notice: That on Thursday 3 July 2003, Government Business take precedence of General Business.
Question put and passed.
PETITIONS
Berowra Valley Regional Park
Mr Cohen presented a petition from 101 citizens of New South Wales stating that the rich biodiversity and bushland habitat values of the Berowra Valley Regional Park are not adequately protected, particularly in regard to Hornsby Shire Council’s pressure for sports field construction and other high impact uses in the park and praying that the House will recommend to the Premier of New South Wales the reservation of Berowra Valley Regional Park as a national park.
Petition received.
Restoration of the Governor’s independence
Revd Mr Nile presented a petition from 12 citizens of New South Wales stating that they strongly oppose and condemn the removal of the Governor from Government House which has been the historic headquarters of the Governor of New South Wales for over 150 years and praying that the House will reverse the change and put the protection of the role, duties and office of the Governor of New South Wales to a referendum in such form as is approved by both Houses of Parliament.
Petition received.
NOTICES OF MOTIONS
ANSWERS TO QUESTIONS WITHOUT NOTICE
The Acting President informed the House of the publication in Hansard of answers to questions without notice lodged with the Clerk since the last sitting of the House.
BUSINESS POSTPONED
Notice of Motion No. 2 on the Notice Paper of Business of the House postponed, on motion of Mr Pearce, until next sitting day.
Notices of Motion Nos 1 and 2 on the Notice Paper of Government Business postponed, on motion of Mr Kelly, until next sitting day.
Orders of the Day Nos 1 to 3 on the Notice Paper of Government Business postponed, on motion of Mr Kelly, until a later hour of the sitting.
SUSPENSION OF STANDING AND SESSIONAL ORDERS—SPECIAL ADJOURNMENT
On the Acting President calling on the Clerk to read the Order of the Day, Ms Rhiannon moved, according to Contingent Notice: That Standing and Sessional Orders be suspended to allow a motion to be moved forthwith that the House meet at 10.00 am tomorrow, Thursday 3 July 2003, for the purpose of debating Private Members’ Business item No. 38 outside the Order of Precedence relating to the take note of the report on “Review of the Office of the Inspector-General Department of Corrective Services”, dated May 2003, for 1 hour.
Debate ensued.
Question put and negatived.
WORKERS COMPENSATION LEGISLATION AMENDMENT BILL
Order of the Day read for resumption of the adjourned debate of the question on the motion of Mr Della Bosca: That this Bill be now read a second time.
Debate resumed.
Question put and passed.
Bill read a second time.
The Acting President left the Chair and the House sat as a Committee of the Whole for consideration of this Bill.
The Committee reported the Bill with an amendment.
The House adopted the Report.
(With concurrence) Bill, on motion of Mr Della Bosca, read a third time.
Bill forwarded to the Legislative Assembly for concurrence.
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According to Sessional Order, proceedings interrupted at 12.00 noon for Questions.
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QUESTIONS
MESSAGES FROM THE LEGISLATIVE ASSEMBLY
The Deputy President (Mrs Forsythe) reported the following Messages from the Legislative Assembly:
(1) Local Government Amendment (Elections) Bill
Madam PRESIDENT
The Legislative Assembly has this day agreed to the amendments made by the Legislative Council in the Bill titled “An Act to amend the Local Government Act 1993 with respect to the ordinary election of councillors and other persons to civic office; to facilitate a decrease in the number of councillors of a council; and for other purposes.”
Legislative Assembly JOHN PRICE
2 July 2003 Acting Speaker
(2) Bail Amendment Bill
Madam PRESIDENT
The Legislative Assembly has this day agreed to the amendments made by the Legislative Council in the Bill titled “An Act to amend the Bail Act 1978 to make further provision with respect to the grant of bail and review of bail decisions”.
Legislative Assembly JOHN PRICE
2 July 2003 Acting Speaker
NATIONAL PARK ESTATE (RESERVATIONS) BILL
On the Order of the Day being read, Mr Costa moved: That this Bill be now read a second time.
Leave granted for the mover’s second reading speech to be incorporated in Hansard.
Debate ensued.
Question put.
The House divided.
Ayes 20
Mr Breen
Mr Burke
Ms Burnswoods
Mr Catanzariti
Dr Chesterfield-Evans
Mr Cohen
Mr Costa | Mr Della Bosca
Ms Griffin
Ms Hale
Mr Hatzistergos
Mr Kelly
Mr Macdonald
Mr Obeid | Mr Primrose *
Ms Rhiannon
Ms Tebbutt
Mr Tsang
Mr West *
Dr Wong
* Tellers |
Noes 15
Mr Clarke
Ms Cusack
Mrs Forsythe
Mr Gay
Mr Harwin * | Mr Jones
Mr Lynn
Revd Dr Moyes
Revd Mr Nile
Mr Oldfield | Ms Parker
Mrs Pavey *
Mr Pearce
Mr Ryan
Mr Tingle
* Tellers |
Pairs
| Dr Burgmann | Miss Gardiner |
| Mr Egan | Mr Gallacher |
| Ms Robertson | Mr Colless |
Question resolved in the affirmative.
Bill read a second time.
The Acting President left the Chair and the House sat as a Committee of the Whole for consideration of this Bill.
The Committee reported the Bill without amendment.
The House adopted the Report.
Standing Orders having been suspended Wednesday 25 June 2003—
Mr Costa moved: That this Bill be now read a third time.
Question put.
The House divided.
Ayes 19
Mr Breen
Mr Burke
Ms Burnswoods
Mr Catanzariti
Dr Chesterfield-Evans
Mr Cohen
Mr Costa | Mr Della Bosca
Ms Griffin
Ms Hale
Mr Hatzistergos
Mr Kelly
Mr Macdonald
Mr Obeid | Mr Primrose *
Ms Rhiannon
Mr Tsang
Mr West *
Dr Wong
* Tellers |
Noes 13
Mr Clarke
Ms Cusack
Mrs Forsythe
Mr Gay
Mr Harwin * | Mr Jones
Revd Dr Moyes
Revd Mr Nile
Ms Parker
Mrs Pavey * | Mr Pearce
Mr Ryan
Mr Tingle
* Tellers |  |
Pairs
| Dr Burgmann | Miss Gardiner |
| Mr Egan | Mr Gallacher |
| Ms Robertson | Mr Colless |
| Ms Tebbutt | Mr Lynn |
Question resolved in the affirmative.
Bill read a third time.
Bill returned to the Legislative Assembly without amendment.
NATIONAL PARKS AND WILDLIFE AMENDMENT (TELECOMMUNICATIONS FACILITIES) BILL
On the Order of the Day being read, Mr Hatzistergos moved: That this Bill be now read a second time.
Debate ensued.
Leave granted for the remainder of the mover’s second reading speech to be incorporated in Hansard.
Debate continued.
Question put and passed.
Bill read a second time.
The Deputy President (Revd Mr Nile) left the Chair and the House sat as a Committee of the Whole for consideration of this Bill.
The Committee reported the Bill with amendments.
The House adopted the Report.
Standing Orders having been suspended Wednesday 25 June 2003—
Bill, on motion of Mr Hatzistergos, read a third time.
Bill returned to the Legislative Assembly with the following amendments in which the concurrence of the Legislative Assembly was requested.
NATIONAL PARKS AND WILDLIFE AMENDMENT (TELECOMMUNICATIONS FACILITIES) BILL
______________________________________
Schedule of the amendments referred to in the Legislative Council’s Message of 2 July 2003.
No. 1 Page 3, Schedule 1. Insert after line 2:
[1] Section 151D Register of certain interests to be publicly available
Insert “, licences granted under section 153D” after “leases granted under this Act” in section 151D (1).
[2] Section 151D (2) (a)–(e)
Insert “licence,” after “lease,” wherever occurring.
No. 2 Page 3, Schedule 1. Insert before line 3:
[1]Section 153A Leases etc relating to wilderness areas
Insert at the end of section 153A (b):
(c) grant a lease, licence, easement or right of way under section 153D,
No. 3 Page 3, Schedule 1, proposed section 153D (4). Insert after line 20:
(b) the site of any proposed above ground telecommunications facility covers the minimum area possible, and
No. 4 Page 3, Schedule 1, proposed section 153D (4). Insert after line 20:
(b) the proposed telecommunications facility is to be designed and constructed in such a manner as to minimise risk of damage to the facility from bushfires, and
No. 5 Page 3, Schedule 1, proposed section 153D (4). Insert after line 20:
(b) the site and construction of the proposed telecommunications facility have been selected, as far as is practicable, to minimise the visual impact of the facility, and
No. 6 Page 3, Schedule 1, proposed section 153D (4). Insert after line 20:
(b) if feasible, an existing means of access to the proposed site of the lease, licence, easement or right of way is to be used, and
No. 7 Pages 3 and 4, Schedule 1, proposed section 153D (4) (e), line 33 on page 3 to line 3 on page 4. Omit all words on those lines. Insert instead:
(e) the proposed telecommunications facility is, if feasible, to be co-located with an existing structure or located at a site that is already disturbed by an existing lease, licence, easement or right of way on the land concerned.
No. 8 Page 4, Schedule 1, proposed section 153D. Insert after line 3:
(5) The Minister must not grant a lease, licence, easement or right of way under this section in respect of land that is within an area designated as a remote natural area in a plan of management or an Aboriginal area.
SUSPENSION OF STANDING AND SESSIONAL ORDERS—TAKE NOTE OF REPORT ON REVIEW OF THE OFFICE OF THE INSPECTOR-GENERAL DEPARTMENT OF CORRECTIVE SERVICES
On the Acting President calling on the Clerk to read the Order of the Day, Ms Rhiannon moved, according to Contingent Notice: That Standing and Sessional Orders be suspended to allow a motion to be moved forthwith that Private Members’ Business item No. 38 outside the Order of Precedence relating to the take note debate on the report on “Review of the Office of Inspector-General Department of Corrective Services” be called on forthwith.
Question put and passed.
Ms Rhiannon then moved: That Private Members’ Business item No. 38 outside the Order of Precedence be called on forthwith.
Question put and passed.
REPORT ON REVIEW OF THE OFFICE OF THE INSPECTOR-GENERAL DEPARTMENT OF CORRECTIVE SERVICES
Ms Rhiannon moved, according to Notice: That this House take note of the report on “Review of the Office of the Inspector-General Department of Corrective Services”, dated May 2003 and tabled in this House on 24 June 2003.
Debate ensued.
Question put and passed.
MESSAGES FROM THE LEGISLATIVE ASSEMBLY
The Acting President reported the following Messages from the Legislative Assembly:
(1) Commission for Children and Young People Amendment (Child Death Review Team) Bill
Madam PRESIDENT
The Legislative Assembly has this day agreed to the Bill titled “An Act to amend the Commission for Children and Young People Act 1998 with respect to the constitution, functions, procedures and other matters relating to the Child Death Review Team; to make consequential amendments to other Acts; and for other purposes” and returns the same to the Legislative Council without amendment.
Legislative Assembly JOHN PRICE
2 July 2003 Acting Speaker
(2) Police Powers (Drug Detection in Border Areas Trial) Bill
Madam PRESIDENT
The Legislative Assembly has this day agreed to the Bill titled “An Act to confer power on police officers to stop vehicles, and use dogs, for drug detection in border areas; and for other purposes” and returns the same to the Legislative Council without amendment.
Legislative Assembly JOHN PRICE
2 July 2003 Acting Speaker
ADJOURNMENT
Mr Egan moved: That this House do now adjourn.
Debate ensued.
Question put and passed.
The House adjourned at 11. 20 pm until Thursday 3 July 2003 at 11.00 am.
ATTENDANCE
All Members present, except Dr Burgmann, Mr Colless and Miss Gardiner.
Lynn Lovelock
Deputy Clerk
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Authorised by the Parliament of New South Wales