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

Members present—

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

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

2

MESSAGES FROM THE LEGISLATIVE ASSEMBLY

The President reported the following Messages from the Legislative Assembly:

(1) Appropriation (Budget Variations) Bill

Madam PRESIDENT

The Legislative Assembly has this day passed a Bill titled “An Act to appropriate additional amounts out of the Consolidated Fund for the years 2000-2001 and 1999-2000 for the purpose of giving effect to certain Budget variations required by the exigencies of Government” and presents the same to the Legislative Council for its concurrence.

Legislative Assembly JOHN MURRAY
27 March 2001 Speaker

(2) Business Licences Repeal and Miscellaneous Amendments Bill

Madam PRESIDENT

The Legislative Assembly has this day passed a Bill titled “An Act to repeal the Business Licences Act 1990; to amend other Acts and regulations consequentially; and for other purposes” and presents the same to the Legislative Council for its concurrence.

Legislative Assembly JOHN MURRAY
27 March 2001 Speaker

(3) Trade Measurement Amendment Bill

Madam PRESIDENT

The Legislative Assembly has this day passed a Bill titled “An Act to amend the Trade Measurement Act 1989 to adopt changes to maintain uniform trade measurement legislation agreed between the States and Territories; and for other purposes” and presents the same to the Legislative Council for its concurrence.

Legislative Assembly JOHN MURRAY
27 March 2001 Speaker

According to Sessional Order, leave granted for procedural motions for the first reading, printing, suspension of Standing Orders and fixing of sitting day for second reading to be dealt with on one motion without formalities.

Bills, on motion of Mr Egan, read a first time, printed, Standing Orders suspended on Contingent Notice for remaining stages and second reading of the Bills set down as Orders of the Day for a later hour of the sitting.


3 LEAVE OF ABSENCE TO DR PEZZUTTI (Formal Business)

Mr Jobling moved, according to Notice: That leave of absence be granted to Dr Pezzutti from 17 April to 3 May 2001 for military service in Bougainville.

Question put and passed.


4 PRECEDENCE OF BUSINESS (Formal Business)

Mr Egan moved, according to Notice: That on Thursday 29 March 2001, General Business take precedence of Government Business until 5.00 pm.

Question put and passed.


5 ORDER FOR PAPERS—M5 EAST VENTILATION STACK (Formal Business)

Mr Richard Jones moved, according to Notice:

1. That, under Standing Order 18, there be laid on the table of the House by 5.00 pm on Friday 30 March 2001, and made public without restricted access:

(a) any document created since 6 April 2000 in the possession, custody or power of the Roads and Traffic Authority (referred to as RTA), the Premier’s Department, the Department of Urban Affairs and Planning (referred to as DUAP), the Environment Protection Authority (referred to as EPA) and the Department of Health, including related Ministerial Offices relating to the M5 east motorway and tunnel ventilation in existing and proposed road tunnels,

(b) any document created since 6 April 2000 in the possession, custody or power of the RTA between the RTA and consultants Arnold Dix, Hyder Consulting, Holmes Air Sciences and Flagstaff Consulting Group relating to air quality modelling on the M5 east motorway,

(c) any document in the possession, custody or power of the RTA and DUAP relating to the August 2000 CSIRO investigation on the air quality impact of emissions from the M5 east tunnel,

(d) any document created since 6 April 2000 in the possession, custody or power of DUAP between DUAP and consultants Randles Hill, Architects and Urban Designers, or other consultants relating to a review of the M5 east ventilation stack,

(e) any document created since 6 April 2000 in the possession, custody or power of the RTA, the Premier’s Department, DUAP, the EPA and Department of Health, including related Ministerial Offices, between these organisations respectively and the Construction Forestry Mining Energy Union and the Labor Council relating to the M5 east motorway,

(f) any document created since 6 April 2000 in the possession, custody or power of the RTA, the Premier’s Department, DUAP, the EPA and the Department of Health, including related Ministerial Offices, between these organisations respectively and the State member for Rockdale, Mr George Thompson, and the State member for Canterbury, Mr Kevin Moss, relating to the M5 east motorway,

(g) any document created since 6 April 2000 and not previously provided under the order of the House of 26 May 2000, in the possession, custody or power of the RTA, the Premier’s Department, DUAP, the EPA and the Department of Health, including related Ministerial Offices, between these organisations respectively and local government councils, community organisations and media organisations relating to the M5 east motorway,

(h) any document created since 6 April 2000 in the possession, custody or power of the RTA, the Premier’s Department, DUAP, the EPA and the Department of Health relating to the DUAP August 2000 Report on the height of the ventilation stack located at Turrella and conditions of approval for the M5 east ventilation stack,

(i) any document in the possession, custody or power of the RTA, the Premier’s Department, DUAP, the EPA and the Department of Health, relating to the M5 East Property Value Guarantee granted on 1 December 1997 and the offer made on 13 February 2001,

(j) any video in the possession, custody or power of the RTA, relating to air dispersion modelling presented by Hyder Consulting to the M5 East Central Community Liaison Group on 21 October 1999,

(k) any document created since 6 April 2000 in the possession, custody or power of the RTA, relating to:

(i) the M5 East Incident Management Working Party,

(ii) air quality data from local monitoring stations established at Turrella and Undercliffe, and any comparative analysis with other Sydney monitoring stations for the same period,

(iii) predicted air dispersion, air quality, cumulative and local health impacts, and potential compliances and exceedences of air quality goals relating to the M5 East stack,

(l) any document created since June 1999 in the possession, custody or power of the RTA:

(i) relating to any cost benefit analysis of installing filtration and treatment equipment in the M5 east tunnel,

(ii) between the RTA and manufacturers or designers of tunnel filtration and treatment equipment, and

(iii) between the RTA and overseas government authorities regarding tunnel ventilation and filtration and treatment equipment,

(m) any document created since 6 April 2000 in the possession, custody or power of the RTA, the Premier’s Department, DUAP, the EPA and the Department of Health, and not previously provided under the order of the House of 26 May 2000, relating to:

(i) the report of General Purpose Standing Committee No. 5, dated December 1999, on the inquiry into the M5 east ventilation stack,

(ii) a tunnel ventilation workshop held in Sydney in June 2000,

(iii) the CSIRO investigation on the air quality impact of the emissions from the M5 East Tunnel August 2000, and

(iv) the DUAP August 2000 Report on the height of the ventilation stack located at Turrella and conditions of approval for the M5 east ventilation stack,

(n) any document created since 6 April 2000 in the possession, custody or power of the RTA, DUAP, the EPA and the Department of Health relating to any conferences or seminars on air quality or ventilation in road tunnels, attended by staff in those organisations,

(o) any document in the possession, custody or power of the RTA which records or refers to the production of documents as a result of this order of the House.

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

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 unless privilege is claimed, is deemed for all purposes to have been presented to or laid before the House and published by authority of the House.

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

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

(b) the documents are to be delivered to the Clerk of the House by 5.00 pm Friday 30 March 2001, and:

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

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

5. (1) Where any member of the House, by communication in writing to the Clerk, disputes the validity of a claim of privilege in relation to a particular document, the Clerk is authorised to release the disputed document to an independent legal arbiter, for evaluation and report within 5 days as to the validity of the claim.

(2) The independent legal arbiter is to be appointed by the President and must be a Queen’s Counsel, a Senior Counsel or a retired Supreme Court judge.

(3) A report from the independent arbiter is to be lodged with the Clerk of the House, and:

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

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

Question put and passed.


6 PAPER

Ms Tebbutt tabled the following paper:

Law Reform Commission Act 1967—Report of Law Reform Commission for year ended 30 June 2000.

Ordered: That the report be printed.


7 PETITION

Woy Woy Police Station

Mr Gallacher presented a petition from 546 citizens of New South Wales stating that they are concerned about the proposed loss of general duties police officers from Woy Woy Police Station and praying that the House will seek the assistance of the Minister for Police to have those police officers reinstated.

Petition received.


8 NOTICES OF MOTIONS


9 SUSPENSION OF STANDING AND SESSIONAL ORDERS—COMMUNITY SERVICES (COMPLAINTS, REVIEWS AND MONITORING) AMENDMENT (APPLICATION) BILL (NO. 2)

On the President calling on the Clerk to read the Order of the Day, Mrs Forsythe 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. 79 outside the Order of Precedence relating to Community Services (Complaints, Reviews and Monitoring) Amendment (Application) Bill (No. 2) be called on forthwith.

Question put.

The House divided.

Dr Chesterfield-Evans Mr Cohen Mr Colless Mr Corbett Mrs Forsythe Mr Gallacher Miss Gardiner Mr Gay

Mr Harwin Mr Jobling * Mr Malcolm Jones Mr Richard Jones Mr Lynn Mr Moppett * Mrs Nile Revd Mr Nile

Mr Pearce Ms Rhiannon Mr Ryan Mr Samios Mrs Sham-Ho Mr Tingle Dr Wong * Tellers

Ms Burnswoods *
Mr Della Bosca
Mr Dyer
Ms Fazio
Mr Hatzistergos
Mr Johnson
Mr Kelly
Mr Macdonald
Mr Obeid
Mr Primrose *
Ms Saffin
Ms Tebbutt
Mr Tsang
Mr West

* Tellers

Dr Pezzutti

Mr Egan



Question resolved in the affirmative.

Mrs Forsythe then moved: That Private Members' Business item No. 79 outside the Order of Precedence be called on forthwith.

Question put and passed.


10

COMMUNITY SERVICES (COMPLAINTS, REVIEWS AND MONITORING) AMENDMENT (APPLICATION) BILL (NO. 2)

Mrs Forsythe moved, according to Notice: That leave be given to bring in a Bill for an Act to amend the Community Services (Complaints, Reviews and Monitoring) Act 1993 to extend the application of that Act to the exercise of functions under the community welfare legislation, to extend the category of service providers to which that Act applies and to extend the investigative powers of the Community Services Commission; and for other purposes.

Question put and passed.

Bill presented.

Bill read a first time and ordered to be printed.

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

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


11 AGRICULTURAL TENANCIES AMENDMENT BILL

The President reported the following Message from the Legislative Assembly:

Madam PRESIDENT

The Legislative Assembly has this day passed a Bill titled “An Act to amend the Agricultural Tenancies Act 1990 with respect to the objects of the Act, the rights and obligations of tenants and owners, compensation, dispute resolution and delegation of functions; and for other purposes” and presents the same to the Legislative Council for its concurrence.

Legislative Assembly JOHN MURRAY
28 March 2001 Speaker

Bill, on motion of Ms Tebbutt, read a first time and ordered to be printed.

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

Question put and passed.

Ordered: That the second reading of the Bill stand an Order of the Day for a later hour of the sitting.


12 BUSINESS POSTPONED

Order of the Day No. 1 on the Notice Paper of Government Business postponed, on motion of Ms Tebbutt, until a later hour of the sitting.


13 CATTLE COMPENSATION REPEAL BILL

On the Order of the Day being read, Ms Tebbutt moved: That this Bill be now read a second time.

Debate ensued.

Question put and passed.

Bill read a second time.

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

Standing Orders having been suspended Wednesday 7 March 2001—

Bill, on motion of Ms Tebbutt, read a third time.

Bill returned to the Legislative Assembly without amendment.


14 BUSINESS POSTPONED

Orders of the Day Nos 3 to 7 on the Notice Paper of Government Business postponed, on motion of Mr Egan, until a later hour of the sitting.


15 APPROPRIATION (BUDGET VARIATIONS) BILL

On the Order of the Day being read, Mr Egan moved: That this Bill be now read a second time.

Debate ensued.

Question put and passed.

Bill read a second time.

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

Standing Orders having been suspended this day—

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

Bill returned to the Legislative Assembly without amendment.


16 NOTICE OF MOTION

Mr Della Bosca, by consent under Standing Order 54A, gave a Notice of Motion relating to the Workers Compensation Legislation Amendment Bill.


17 TRADE MEASUREMENT AMENDMENT BILL

On the Order of the Day being read, Mr Macdonald moved: That this Bill be now read a second time.

Leave granted for the remainder of the mover's second reading speech to be incorporated in Hansard.

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According to Sessional Order, proceedings interrupted at 4.00 pm for Questions.
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18

DISTINGUISHED VISITORS

The President invited attention to the presence in her gallery of Mr Wayne Tunnecliffe, Clerk of the Legislative Council and Mr Geoff Westcott, Assistant Clerk of the Legislative Assembly, Parliament of Victoria.


19 QUESTIONS


20 STANDING COMMITTEE ON STATE DEVELOPMENT

Order of the Day read for resumption of the adjourned debate of the question on the motion of Mr Kelly: That the House take note of Report No. 22 of the Standing Committee on State Development entitled “Inquiry into Road Maintenance and Competitive Road Maintenance Tendering”, dated November 2000.

Debate resumed.

Question put and passed.


21 STANDING COMMITTEE ON SOCIAL ISSUES

Order of the Day read for resumption of the adjourned debate of the question on the motion of Ms Burnswoods: That the House take note of Report No. 22 of the Standing Committee on Social Issues entitled “Releasing the Past - Adoption Practices 1950-1998: Final Report”, dated December 2000.

Debate resumed.

According to resolution of the House, proceedings interrupted after 1 hour.


22 TRADE MEASUREMENT AMENDMENT BILL

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

Debate resumed.

Question put and passed.

Bill read a second time.

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

Standing Orders having been suspended this day—

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

Bill returned to the Legislative Assembly without amendment.


23 BUSINESS LICENCES REPEAL AND MISCELLANEOUS AMENDMENTS BILL

On the Order of the Day being read, Mr Obeid 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 and passed.

Bill read a second time.

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

Standing Orders having been suspended this day—

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

Bill returned to the Legislative Assembly without amendment.


24 NATURE CONSERVATION TRUST BILL

On the Order of the Day being read, Mr Obeid moved: That this Bill be now read a second time.

Debate ensued.

Motion made (Mr Colless) and question: That this debate be now adjourned until next sitting day—put and passed.


25 ADJOURNMENT

Ms Tebbutt moved: That this House do now adjourn.

Debate ensued.

Question put and passed.

The House adjourned at 10.25 pm until Thursday 29 March 2001 at 11.00 am.

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Authorised by the Parliament of New South Wales