13

1 The House met at 2.30 pm 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, HD App Sci(Agric) The Honourable Alan Gordon Corbett, BA DipEd DipTEFL MA The Honourable Michael Costa 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 Hughes Jobling, PhC MPS 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 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 James Miltiadis Samios, MBE BA LLB The Honourable Helen Wai-Har Sham-Ho, BA DipSocWk(Syd) BLegS(Macq) 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]
2

ASSENT TO BILLS

The President reported Messages from Her Excellency the Governor intimating Assent to the following Bills of last Session:

11 December 2001 2001

Classification (Publications, Films and Computer Games) Enforcement Amendment Bill 95
State Revenue Legislation Further Amendment (No 2) Bill 96
Statutory and Other Offices Remuneration Amendment Bill 97
Superannuation Legislation Amendment (Miscellaneous) Bill 98
Crimes Amendment (Sexual Servitude) Bill 99
Justice Legislation Amendment (Non-association and Place Restriction) Bill 100
Universities Legislation Amendment (Financial and Other Powers) Bill 101
Higher Education Bill 102
Wollongong Sportsground and Old Roman Catholic Cemetery Legislation Amendment (Transfer
of Land) Bill 103
Fisheries Management Amendment Bill 104
Parliamentary Remuneration Amendment Bill 105
Road Transport Legislation Amendment (Heavy Vehicle Registration Charges and Motor Vehicle)
Tax Bill 106

14 December 2001

Coal Industry Bill 107
Courts Legislation Further Amendment Bill 108
Evidence Legislation Amendment Bill 109
Grain Marketing Amendment Bill 110
Residential Tenancies Amendment Bill 111
Statute Law (Miscellaneous Provisions) Bill (No 2) 112
Industrial Relations Amendment (Public Vehicles and Carriers) Bill 113
Police Service Amendment (Promotions and Integrity) Bill 114
Police Powers (Drug Detection Dogs) Bill 115

18 December 2001

Crimes Amendment (Self-defence) Bill 116
Criminal Legislation Amendment Bill 117

19 December 2001

Aboriginal Land Rights Amendment Bill 118
Criminal Procedure Amendment (Justices and Local Courts) Bill 119
Crimes (Local Courts Appeal and Review) Bill 120
Justices Legislation Repeal and Amendment Bill 121
Cemeteries Legislation Amendment (Unused Burial Rights) Bill 122
Children (Criminal Proceedings) Amendment (Adult Detainees) Bill 123
Courts Legislation Amendment (Civil Juries) Bill 124
Disorderly Houses Amendment (Brothels) Bill 125
Environmental Planning and Assessment Amendment (Ski Resort Areas) Bill 126
Gaming Machines Bill 127
Industrial Relations (Ethical Clothing Trades) Bill 128
Landcom Corporation Bill 129
National Parks and Wildlife Amendment Bill 130
Transport Administration Amendment (Rail Access) Bill 131
3

ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY HIS EXCELLENCY THE HONOURABLE JAMES JACOB SPIGELMAN, LIEUTENANT-GOVERNOR

The President reported the following Message from His Excellency the Lieutenant-Governor:

B L Davies (Official Secretary)
for LIEUTENANT-GOVERNOR

The Honourable James Jacob Spigelman, Chief Justice of New South Wales, Lieutenant-Governor of the State of New South Wales, has the honour to inform the Legislative Council that, consequent on the Governor of New South Wales, Professor Marie Bashir being absent from the State, he has this day assumed the administration of the Government of the State.

27 December 2001


4 RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY HER EXCELLENCY PROFESSOR MARIE BASHIR, AC, GOVERNOR

The President reported the following Message from Her Excellency the Governor:

Marie Bashir
GOVERNOR

Professor Marie Bashir, Governor of the State of New South Wales has the honour to inform the Legislative Council that she re-assumed the administration of the Government of the State on 15 January 2002.

15 January 2002


5 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

The President reported the following Messages from the Legislative Assembly of last Session:

(1) Gaming Machines 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 provide for the regulation, control and management of gaming machines in hotels and registered clubs and for related purposes; to amend the Liquor Act 1982, the Registered Clubs Act 1976, the Casino Control Act 1992 and certain other Acts with respect to gaming machines and other matters; and for other purposes”.

Legislative Assembly JOHN MURRAY
14 December 2001 am Speaker

(2)

Landcom Corporation 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 establish Landcom as a statutory State owned corporation to exercise certain functions relating to development; to make consequential amendments to other Acts; and for other purposes”.

Legislative Assembly JOHN MURRAY
14 December 2001 am Speaker

(3) Industrial Relations (Ethical Clothing Trades) Bill

Madam PRESIDENT

The Legislative Assembly has this day agreed to the amendment made by the Legislative Council in the Bill titled “An Act with respect to outworkers in the clothing trades; to constitute the Ethical Clothing Trades Council and make provision with respect to a mandatory code of practice; to make related and consequential amendments to the Industrial Relations Act 1996; and for other purposes”.

Legislative Assembly JOHN MURRAY
14 December 2001 am Speaker

(4) National Parks and Wildlife 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 National Parks and Wildlife Act 1974 in relation to the reservation, dedication and management of land under that Act, the National Parks and Wildlife Advisory Council and advisory committees, licences and offences and penalties; to make related amendments to other Acts; and for other purposes”.

Legislative Assembly JOHN MURRAY
14 December 2001 am Speaker

(5) Children (Criminal Proceedings) Amendment (Adult Detainees) 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 Children (Criminal Proceedings) Act 1987 with respect to the detention of adult offenders in detention centres; and for related purposes”.

Legislative Assembly JOHN MURRAY
14 December 2001 am Speaker

(6)

Transport Administration Amendment (Rail Access) 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 Transport Administration Act 1988 with respect to third party access to the NSW rail network; and for other purposes”.

Legislative Assembly JOHN MURRAY
14 December 2001 am Speaker

(7) Environmental Planning and Assessment Amendment (Ski Resort Areas) 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 Environmental Planning and Assessment Act 1979 in relation to the regulation of activities within certain ski resort areas; and to make a related amendment to the National Parks and Wildlife Act 1974”.

Legislative Assembly JOHN MURRAY
14 December 2001 am Speaker

(8) Disorderly Houses Amendment (Brothels) Bill

Madam PRESIDENT

The Legislative Assembly has this day agreed to the amendment made by the Legislative Council in the Bill titled “An Act to amend the Disorderly Houses Act 1943 in relation to evidence about the use of premises as a brothel”.

Legislative Assembly JOHN MURRAY
14 December 2001 am Speaker

(9) Courts Legislation Amendment (Civil Juries) 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 District Court Act 1973 and Supreme Court Act 1970 to restrict the use of juries in civil proceedings; and for other purposes”.

Legislative Assembly JOHN MURRAY
14 December 2001 am Speaker

(10) Cemeteries Legislation Amendment (Unused Burial Rights) 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 Necropolis Act 1901, the Crown Lands Act 1989 and other legislation with respect to the revocation of exclusive rights of burial and associated compensation; and for other purposes”.

Legislative Assembly JOHN MURRAY
14 December 2001 am Speaker

The President further reported the following Messages from the Legislative Assembly of last Session:

(11) Police Service Amendment (Promotions and Integrity) Bill

Madam PRESIDENT

The Legislative Assembly having this day agreed to the Bill titled “An Act to amend the Police Service Act 1990 in relation to the police promotions system; to amend the Police Integrity Commission Act 1996 and the Government and Related Employees Appeal Tribunal Act 1980; and for other purposes” returns the same to the Legislative Council without amendment.

Legislative Assembly JOHN MURRAY
14 December 2001 am Speaker

(12) Industrial Relations Amendment (Public Vehicles and Carriers) Bill

Madam PRESIDENT

The Legislative Assembly having this day agreed to the Bill titled “An Act to amend the Industrial Relations Act 1996 to make provision with respect to the operation of Part IV of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales” returns the same to the Legislative Council without amendment.

Legislative Assembly JOHN MURRAY
14 December 2001 am Speaker

(13) Police Powers (Drug Detection Dogs) Bill

Madam PRESIDENT

The Legislative Assembly having this day agreed to the Bill titled “An Act with respect to the use of dogs by police officers to detect prohibited drugs and plants” returns the same to the Legislative Council without amendment.

Legislative Assembly JOHN MURRAY
14 December 2001 am Speaker


6 ANTI-DISCRIMINATION AMENDMENT (DRUG ADDICTION) BILL

The President reported the following Message from the Legislative Assembly:

Madam PRESIDENT

The Legislative Assembly informs the Legislative Council that it has this day agreed to the following resolution—

That the Legislative Assembly requests that the Bill titled “An Act to amend the Anti-Discimination Act 1977 with respect to its application to persons addicted to prohibited drugs” forwarded to the Legislative Council for concurrence during the second session of the present Parliament and not dealt with because of prorogation be restored to the Council’s business paper.

Legislative Assembly JOHN MURRAY
28 February 2002 Speaker

Mr Egan moved, according to Standing Order 201: That the Bill be restored to the Business Paper and that the second reading of the Bill stand an Order of the Day for next sitting day.

Question put and passed.


7 PRO-FORMA BILLCLAW OF EVIDENCE BILL

Mr Egan presented a Bill intituled “A Bill to amend the law of evidence” and moved: That this Bill be now read a first time.

Question put and passed.

Bill read a first time.


8 SUSPENSION OF STANDING ORDERSCTEMPORARY CHAIRS OF COMMITTEES

Mr Egan sought the leave of the House to move a motion to suspend Standing Orders to allow the nomination of 7 Temporary Chairs of Committees.

No objection taken.

Leave granted.

Mr Egan moved, by leave and without Notice: That Standing Orders be suspended to allow the nomination of 7 Members to act as Temporary Chairs of Committees during the present Session.

Question put and passed.


9 TEMPORARY CHAIRS OF COMMITTEES

According to the Standing Order and the resolution of the House in that behalf, the President nominated the Honourable Jenny Gardiner, the Honourable John Hatzistergos, the Revd the Honourable Fred Nile, the Honourable Dr Brian Pezzutti, the Honourable Janelle Saffin, the Honourable Helen Sham-Ho and the Honourable Henry Tsang, to act as Temporary Chairs of Committees during the present Session of Parliament.


10 DEATH OF FORMER MEMBER—THE HONOURABLE JIM CAMERON

The President reported to the House the death, on 19 January 2002, of the Honourable Jim Cameron, aged 72 years, a former Member of the House.

The President further reported that on behalf of the House she had extended to the family the deep sympathy of the Legislative Council in the loss sustained.

Members and Officers of the House stood as a mark of respect.


11 DEATH OF PRINCESS MARGARET

The President reported to the House the death, on 9 February 2002, of Her Royal Highness Princess Margaret, aged 71 years, sister of Her Majesty Queen Elizabeth the Second.

The President further reported that on behalf of the House she had extended to Her Majesty and members of the Royal family the deep sympathy of the Legislative Council in the loss sustained.

Members and Officers of the House stood as a mark of respect.


12 INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988

The President, according to the Independent Commission Against Corruption Act 1988, announced receipt of a report of the Independent Commission Against Corruption entitled “Report on investigation into matters concerning John Kite and the National Parks and Wildlife Service”, dated December 2001 received by her out of Session.

The President further announced that under the Act she had authorised the report to be made public on 19 December 2001.


13 FORESTRY AND NATIONAL PARK ESTATE ACT 1998

The President, according to the Forestry and National Park Estate Act 1998, announced receipt of amendments to Integrated Forestry Operations Approvals for Eden, Lower North East and Upper North East Regions, dated 6 December 2001 received by her out of Session.

The President further announced that under the Act she had authorised the amendments to be made public on 5 March 2002.


14 AUSTRALIA DAY HONOURS—CLERK OF THE PARLIAMENTS

The President announced that the Clerk of the Parliaments, Mr John Denton Evans, was awarded the Public Service Medal in the Australia Day 2002 Honours List for his outstanding service to the Parliament of New South Wales.

The President offered congratulations on behalf of all Members and staff of the Legislative Council.

Members acknowledged the award by acclamation.


15 MESSAGE FROM TOKYO METROPOLITAN ASSEMBLY

The President reported receipt of the following letter from the Tokyo Metropolitan Assembly:

7 January 2002

The Hon. Dr Meredith Burgmann
President of the Legislative Council
New South Wales Parliament

Dear Ms Burgmann

Upon hearing of the major bushfires set out around Sydney, we would like to express our deep sympathies for you and through you the residents in the area on behalf of the Tokyo Metropolitan Assembly and Japan-Australia Friendship League at the Tokyo Metropolitan Assembly.

We regret to hear that the fires, still burning since the year end at more than 100 spots, have consumed many houses, caused power failures, and brought breaks in water supply with no signs of abating. It is also reported the downtown in Sydney has also been engulfed in smoke.

We hope the bushfires will stop as soon as possible, allowing all of you to get back to the normal life and restore the hit areas.

We pray for the safety to the Honourable Dr Meredith Burgmann, all of the members of the New South Wales Parliament, and all of the persons concerned in rebuilding the devastated areas for their diligent efforts.

Yours respectfully

Toshiya Mita
President of the Tokyo Metropolitan Assembly

Tatsujiro Hashimoto
Vice-President of the Tokyo Metropolitan Assembly

Sato Hirohiko
President of the Japan-Australia Friendship League at the Tokyo Metropolitan Assembly


16 PAPERS

Mr Costa tabled the following papers:

(1) Forestry Restructuring and Nature Conservation Act 1995—Report of Forestry Industry Restructuring Expenditure for the period 1 January 2001 to 30 June 2001.

(2) Listening Devices Act 1984—Report of Attorney General under section 23 of the Act for year ended 31 December 2000.

(3) National Environment Protection Council (New South Wales) Act 1995—Report of National Environment Protection Council for year ended 30 June 2001.

Ordered: That the reports be printed.

Mr Costa further tabled the following papers:

(4) General Government Debt Elimination Act 1995—Report of Treasurer on review of Act, dated 19 December 2001.

(5) Independent Pricing and Regulatory Tribunal Act 1992—Reports of Independent Pricing and Regulatory Tribunal on:

(a) Department of Land and Water Conservation Bulk Water Prices from 1 October 2001, dated December 2001 (Determination No. 3, 2001).

(b) Report to the Minister for Energy entitled “Electricity distribution and retail licences: Compliance report for 2000/01”, dated October 2001.

(6) Witness Protection Act 1995—Report of Minister for Police on review of Act, dated December 2001.


17

GENERAL PURPOSE STANDING COMMITTEE NO. 5

The Chair (Mr Richard Jones) tabled Report No. 14 of General Purpose Standing Committee No. 5 entitled “Abolition of the Hawkesbury-Nepean Catchment Management Trust”, dated March 2002 including Minutes of Proceedings together with submissions, minutes of proceedings, transcripts of evidence and correspondence.

Ordered: That the report be printed.

Mr Richard Jones, by leave, made a statement in relation to the report.

Ms Burnswoods, by leave, proceeding to make a statement in relation to the report—

Objection taken.

Leave withdrawn.


18 REPORTS PRESENTED TO PARLIAMENT

The Clerk announced receipt of the following annual reports forwarded according to the Annual Reports (Departments) Act 1985:

(a) Reports for year ended 30 June 2001:

Department of Aboriginal Affairs
Department of Housing
Department of Urban Affairs and Planning
Heritage Council of NSW and Heritage Office
NSW Department of Community Services.

The Clerk further announced receipt of the following annual reports forwarded according to the Annual Reports (Statutory Bodies) Act 1984:

(a) Reports for year ended 30 June 2001:

Aboriginal Housing Office
Australian Inland Energy and Water
Australian Technology Park Precinct Management Limited
Board of Veterinary Surgeons
Coastal Council of NSW
Festival Development Corporation
Fish River Water Supply
Home Care Service
Home Purchase Assistance Authority
Honeysuckle Development Corporation
Illawarra Waste Planning and Management Board
Ministerial Development Corporation
Murray Valley Wine Grape Industry Development Committee
NorthPower
NSW Thoroughbred Racing Board
Rail Infrastructure Corporation
South Sydney Development Corporation
Southern Sydney Waste Planning and Management Board
State Forests of New South Wales, together with a statement of reasons for lateness in presenting the report from the Hon. Kim Yeadon, Minister for Forestry
State Rescue Board
Sydney Harbour Foreshore Authority
Waste Service NSW
Workers’ Compensation Dust Diseases Board.

(b) Reports for year ended 30 September 2001:

Dental Board
Pharmacy Board.

The Clerk further announced receipt of report of Serious Offenders Review Council for year ended 31 December 2000 forwarded according to the Crimes (Administration of Sentences) Act 1999.

The Clerk further announced receipt of report of Radiation Advisory Council for year ended 30 June 2001 forwarded according to the Radiation Control Act 1990.


19 STATUTORY RULES AND INSTRUMENTS TABLED BY THE CLERK

The Clerk tabled the following Statutory Rules and Instruments, published in the Government Gazette to Friday 8 March 2002.

Statutory Rules and Instruments:

(1) Agricultural Industry Services Act 1998—Agricultural Industry Services (Riverina Citrus) Regulation 2002 (Gazette 54, 1/3/2002, p 1232).

(2) Apprenticeship and Traineeship Act 2001—Apprenticeship and Traineeship Amendment Regulation 2001 (Gazette 196, 21/12/2001, p 10448).

(3) Associations Incorporation Act 1984—Associations Incorporation Amendment (Fees) Regulation 2002 (Gazette 48, 22/2/2002, p 952).

(4) Business Names Act 1962—Business Names Amendment (Fees) Regulation 2002 (Gazette 48, 22/2/2002, p 956).

(5) Casino Control Act 1992—

(a) Casino Control Amendment (Application of Liquor Laws) Regulation (No. 2) 2001 (Gazette 196, 21/12/2001, p 10457),
(b) Casino Control Amendment (Cheques and Signage) Regulation 2002 (Gazette 54, 1/3/2002, p 1240).

(6) Chiropractors Act 2001—Chiropractors Transitional Regulation 2002 (Gazette 34, 1/2/2002, p 607).

(7) Chiropractors and Osteopaths Act 1991—Chiropractors and Osteopaths Amendment (Osteopathic Training) Regulation 2001 (Gazette 196, 21/12/2001, p 10464).

(8) Community Land Management Act 1989—Community Land Management Amendment (Fees) Regulation 2002 (Gazette 48, 22/2/2002, p 961).

(9) Consumer, Trader and Tenancy Tribunal Act 2001—Consumer, Trader and Tenancy Tribunal Regulation 2002 (Gazette 52, 25/2/2002, p 1189).

(10) Conveyancers Licensing Act 1995—Conveyancers Licensing Amendment (Fees) Regulation 2002 (Gazette 48, 22/2/2002, p 964).

(11) Conveyancing Act 1919—Conveyancing (General) Amendment (Information on Plans) Regulation 2001 (Gazette 190, 14/12/2001, p 9835).

(12) Co-operatives Act 1992—Co-operatives Amendment (Fees) Regulation 2002 (Gazette 48, 22/2/2002, p 966).

(13) Criminal Records Act 1991—Criminal Records Amendment (Exclusions and Disclosures) Regulation 2001 (Gazette 34, 1/2/2002, p 609).

(14) Dangerous Goods Act 1975—Dangerous Goods (General) Amendment (Penalty Notices) Regulation 2001 (Gazette 196, 21/12/2001, p 10466).

(15) District Court Act 1973—

(a) District Court Amendment (Tutors) Rule 2001 (Gazette 19, 11/1/2002, p 93),
(b) Practice Note No. 60—Application for Rehearing of Action Determined by an Arbitrator (Gazette 25, 18/1/2002, p 236),
(c) Practice Note No. 61—Medical negligence cases and workplace accident cases (Gazette 54, 1/3/2002, p 1445).

(16) Dust Diseases Tribunal Act 1989—Dust Diseases Tribunal Amendment (Notification) Rule 2002 (Gazette 48, 22/2/2002, p 1014).

(17) Electricity Supply Act 1995—Electricity Supply (General) Amendment Regulation 2001 (Gazette 196, 21/12/2001, p 10470).

(18) Employment Agents Act 1996—Employment Agents Amendment (Fees) Regulation 2002 (Gazette 48, 22/2/2002, p 979).

(19) Firearms Act 1996—Firearms (General) Amendment (Firearm Frames Amnesty) Regulation 2001 (Gazette 196, 21/12/2001, p 10482).

(20) Fisheries Management Act 1994—

(a) Fisheries Management (Aquaculture) Amendment (Transitional) Regulation 2001 (Gazette 190, 14/12/2001, p 9837),
(b) Fisheries Management (General) Amendment Regulation 2002 (Gazette 52, 25/2/2002, p 1223).

(21) Food Production (Safety) Act 1998—Food Production (Seafood Safety Scheme) Regulation 2001 (Gazette 190, 14/12/2001, p 9842).

(22) Forestry Act 1916—Forestry Amendment (Fees) Regulation 2001 (Gazette 196, 21/12/2001, p 10486).

(23) Funeral Funds Act 1979—Funeral Funds Amendment (Fees) Regulation 2002 (Gazette 48, 22/2/2002, p 981).

(24) Gaming Machines Act 2001—Gaming Machines (Savings and Transitional) Regulation 2002 (Gazette 19, 11/1/2002, p 88).


(25) Gas Supply Act 1996—

(a) Gas Supply (Customer Protection) Amendment (Natural Gas Retail Competition) Regulation 2001 (Gazette 196, 21/12/2001, p 10492),
(b) Gas Supply (General) Amendment (Natural Gas Retail Competition) Regulation 2001 (Gazette 196, 21/12/2001, p 10496),
(c) Gas Supply (Natural Gas Retail Competition) Regulation 2001 (Gazette 196, 21/12/2001, p 10498).

(26) Health Care Liability Act 2001—Health Care Liability Regulation 2001 (Gazette 190, 14/12/2001, p 9888).

(27) Home Building Act 1989—Home Building Amendment Regulation 2001 (Gazette 196, 21/12/2001, p 10566).

(28) Law Enforcement and National Security (Assumed Identities) Act 1998—Law Enforcement and National Security (Assumed Identities) Amendment (Delegations) Regulation 2002 (Gazette 34, 1/2/2002, p 615).

(29) Law Enforcement (Controlled Operations) Act 1997—Law Enforcement (Controlled Operations) Amendment (Delegations) Regulation 2002 (Gazette 34, 1/2/2002, p 618).

(30) Legal Profession Act 1987—

(a) Legal Practitioners Transitional Admission Rules 1994 (Gazette 42, 15/2/2002, p 833),
(b) Legal Profession Amendment (Advertising) Regulation 2002 (Gazette 54, 1/3/2002, p 1244),
(c) Legal Profession Amendment (Manager, Costs Assessment) Regulation 2002 (Gazette 25, 18/1/2002, p 180).

(31) Liquor Act 1982—

(a) Liquor Amendment (Functions) Regulation 2001 (Gazette 190, 14/12/2001, p 9894),
(b) Liquor Amendment (Undesirable Liquor Product) Regulation 2001 (Gazette 196, 21/12/2001, p 10582).

(32) Local Government Act 1993—

(a) Local Government (General) Amendment (Penalty Notice Offences) Regulation 2001 (Gazette 25, 18/1/2002, p 183),
(b) Local Government (Rates and Charges) Amendment (Museum of Contemporary Art) Regulation 2001 (Gazette 196, 21/12/2001, p 10585).

(33) Lotteries and Art Unions Act 1901—Lotteries and Art Unions Amendment (St Patrick’s Club) Regulation 2002 (Gazette 54, 1/3/2002, p 1251).

(34) Meat Industry Act 1978—Meat Industry (Meat Industry Levy) Amendment Regulation 2001 (Gazette 25, 18/1/2002, p 186).

(35) Mining Act 1992—Mining (General) Amendment Regulation 2002 (Gazette 38, 8/2/2002, p 734).

(36) Motor Dealers Act 1974—Motor Dealers Amendment (Fees) Regulation 2002 (Gazette 48, 22/2/2002, p 984).

(37) Motor Vehicle Repairs Act 1980—Motor Vehicle Repairs Amendment (Fees) Regulation 2002 (Gazette 48, 22/2/2002, p 988).

(38) National Parks and Wildlife Act 1974—

(a) Proclamation under section 33 (3) reserving land as part of Boonoo Boonoo National Park (Gazette 19, 11/1/2002, p 144),
(b) Proclamation under section 33 (3) reserving land as part of Eurobodalla National Park (Gazette 54, 1/3/2002, p 1444),
(c) Proclamation under section 33 (3) reserving land as part of Eurobodalla National Park (Gazette 54, 1/3/2002, p 1444),
(d) Proclamation under section 33 (3) reserving land as part of Goulburn River National Park (Gazette 57, 8/3/2002, p 1553),
(e) Proclamation under section 33 (3) reserving land as part of Guy Fawkes River National Park (Gazette 34, 1/2/2002, p 716),
(f) Proclamation under section 33 (3) reserving land as part of Guy Fawkes River National Park (Gazette 48, 22/2/2002, p 1170),

(g) Proclamation under section 33 (3) reserving land as part of Hat Head National Park (Gazette 42, 15/2/2002, p 877),
(h) Proclamation under section 33 (3) reserving land as part of New England National Park (Gazette 42, 15/2/2002, p 877),
(i) Proclamation under section 33 (3) reserving land as part of Washpool National Park (Gazette 34, 1/2/2002, p 715),
(j) Proclamation under section 33 (3) reserving land as part of Washpool National Park (Gazette 48, 22/2/2002, p 1170),
(k) Proclamation under section 33 (3) reserving land as part of Wyrrablong National Park (Gazette 196, 21/12/2001, p 10765),
(l) Proclamation under section 49 (2) dedicating land as part of Camerons Gorge Nature Reserve (Gazette 38, 8/2/2002, p 803),
(m) Proclamation under section 49 (2) dedicating land as part of Dananbilla Nature Reserve (Gazette 196, 21/12/2001, p 10766),
(n) Proclamation under section 49 (2) dedicating land as part of Queens Lake Nature Reserve (Gazette 54, 1/3/2002, p 1444),
(o) Proclamation under section 49 (2) dedicating land as part of Tyagarah Nature Reserve (Gazette 34, 1/2/2002, p 715).

(39) Nursing Homes Act 1988—Nursing Homes Amendment (Fees and Other Matters) Regulation 2001 (Gazette 194, 19/12/2001, p 10158).


(40) Occupational Health and Safety Act 2000—

(a) Occupational Health and Safety Amendment (Penalty Notices) Regulation 2002 (Gazette 19, 11/1/2002, p 90),
(b) Occupational Health and Safety (Clothing Factory Registration) Regulation 2001 (Gazette 196, 21/12/2001, p 10587).

(41) Osteopaths Act 2001—Osteopaths Transitional Regulation 2002 (Gazette 34, 1/2/2002, p 621).

(42) Parramatta Park Trust Act 2001—Parramatta Park Trust Transitional (Amendment) Regulation 2001 (Gazette 190, 14/12/2001, p 9897).

(43) Pawnbrokers and Second-hand Dealers Act 1996—Pawnbrokers and Second-hand Dealers Amendment (Fees) Regulation 2002 (Gazette 48, 22/2/2002, p 991).

(44) Pesticides Act 1999—Pesticides Amendment (Records) Regulation 2001 (Gazette 190, 14/12/2001, p 9899).

(45) Petroleum (Onshore) Act 1991—Petroleum (Onshore) Amendment Regulation 2002 (Gazette 38, 8/2/2002, p 745).

(46) Plantations and Reafforestation Act 1999—Plantations and Reafforestation (Code) Regulation 2001 (Gazette 190, 14/12/2001, p 9910).

(47) Poisons and Therapeutic Goods Act 1966—Amending Schedule 4 of the Poisons List (Gazette 48, 22/2/2002, p 1170).

(48) Private Hospitals and Day Procedure Centres Act 1988—

(a) Day Procedure Centres Amendment (Licensing) Regulation 2001 (Gazette 194, 19/12/2001, p 10147),
(b) Private Hospitals and Day Procedure Centres Amendment (Fees and Other Matters) Regulation 2001 (Gazette 194, 19/12/2001, p 10151).

(49) Professional Standards Act 1994—Notification pursuant to section 13—Solicitors’ Limitation of Liability Scheme (Gazette 19, 11/1/2002, p 145).

(50) Property, Stock and Business Agents Act 1941—Property, Stock and Business Agents (General) Amendment (Fees and Contributions) Regulation 2002 (Gazette 48, 22/2/2002, p 994).

(51) Public Authorities (Financial Arrangements) Act 1987—

(a) Public Authorities (Financial Arrangements) Amendment (ARRB Transport Research Limited) Regulation 2001 (Gazette 38, 8/2/2002, p 751),
(b) Public Authorities (Financial Arrangements) Amendment (Department of Agriculture Exclusion) Regulation 2001 (Gazette 25, 18/1/2002, p 189),
(c) Public Authorities (Financial Arrangements) Amendment (Primary Production Entities Exclusion) Regulation 2002 (Gazette 42, 15/2/2002, p 829).

(52) Public Health Act 1991—Public Health Legislation Amendment (Fees) Regulation 2001 (Gazette 194, 19/12/2001, p 10162).

(53) Registered Clubs Act 1976—Registered Clubs Amendment (Undesirable Liquor Product) Regulation 2001 (Gazette 196, 21/12/2001, p 10596).

(54) Road Transport (Driver Licensing) Act 1998—

(a) Road Transport (Driver Licensing) Amendment (Fees) Regulation (No. 2) 2001 (Gazette 196, 21/12/2001, p 10599),
(b) Road Transport (Driver Licensing) Amendment (Miscellaneous) Regulation 2001 (Gazette 196, 21/12/2001, p 10602),
(c) Road Transport (Driver Licensing) Amendment (Safe-T-Cam Zones) Regulation 2001 (Gazette 196, 21/12/2001, p 10607).

(55) Road Transport (General) Act 1999—

(a) Road Transport (General) (Short Descriptions and Penalty Notice Offences) Amendment (Safe-T-Cam Zones) Regulation 2001 (Gazette 196, 21/12/2001, p 10613),
(b) Road Transport (General) (Short Descriptions and Penalty Notice Offences) Amendment (Traffic Management) Regulation 2001 (Gazette 196, 21/12/2001, p 10618).

(56) Road Transport (Safety and Traffic Management) Act 1999—Road Transport (Safety and Traffic Management) (Road Rules) Amendment (Parking Meters and Ticket Machines) Regulation 2001 (Gazette 196, 21/12/2001, p 10626).

(57) Road Transport (Vehicle Registration) Act 1997—

(a) Road Transport (Vehicle Registration) Amendment (Fees) Regulation (No. 2) 2001 (Gazette 196, 21/12/2001, p 10631),
(b) Road Transport (Vehicle Registration) Amendment (Traffic Management) Regulation 2001 (Gazette 196, 21/12/2001, p 10639).

(58) Stock (Chemical Residues) Act 1975—Stock (Chemical Residues) Amendment (Prescribed Officers) Regulation 2001 (Gazette 25, 18/1/2002, p 191).

(59) Strata Schemes Management Act 1996—Strata Schemes Management Amendment (Fees) Regulation 2002 (Gazette 48, 22/2/2002, p 998).

(60) State Authorities Superannuation Act 1987—

(a) State Authorities Superannuation (Government Railways Superannuation Scheme Transfer) (Savings and Transitional) Amendment Regulation 2002 (Gazette 54, 1/3/2002, p 1253),
(b) State Authorities Superannuation (Transitional Provisions) Amendment Regulation 2002 (Gazette 54, 1/3/2002, p 1257).

(61) Supreme Court Act 1970—Supreme Court Rules (Amendment No. 358) 2002 (Gazette 54, 1/3/2002, p 1264).

(62) Sydney Harbour Foreshore Authority Act 1998—Sydney Harbour Foreshore Authority Amendment (Foreshore Area) Regulation 2002 (Gazette 46, 19/2/2002, p 893).

(63) Trade Measurement Administration Act 1989—Trade Measurement Administration Amendment (Fees) Regulation 2002 (Gazette 48, 22/2/2002, p 1002).

(64) Travel Agents Act 1986—Travel Agents Amendment (Fees) Regulation 2002 (Gazette 48, 22/2/2002, p 1008).

(65) Valuers Registration Act 1975—Valuers Registration Amendment (Fees) Regulation 2002 (Gazette 48, 22/2/2002, p 1011).

(66) Western Lands Act 1901—Western Lands Amendment Regulation 2001 (Gazette 190, 14/12/2001, p 9967).

(67) Workers Compensation Act 1987—Workers Compensation (Insurance Premiums) Amendment (Cost of Claims) Regulation 2001 (Gazette 195A, 21/12/2001, p 10256).

(68) Workers Compensation Act 1987 and Workplace Injury Management and Workers Compensation Act 1998—Workers Compensation (General) Amendment (Savings, Transitional and Other Matters) Regulation 2001 (Gazette 195A, 21/12/2001, p 10232).

(69) Workers’ Compensation (Dust Diseases) Act 1942—Workers’ Compensation (Dust Diseases) Amendment (Reimbursement) Regulation 2001 (Gazette 195A, 21/12/2001, p 10177).

(70) Workplace Injury Management and Workers Compensation Act 1998—

(a) Interim Workers Compensation Commission Rules 2001 (Gazette 195A, 21/12/2001, p 10261),
(b) WorkCover Guides for the Evaluation of Permanent Impairment (Gazette 195A, 21/12/2001, p 10312),
(c) Workers Compensation (General) Amendment (Costs) Regulation 2001 (Gazette 195A, 21/12/2001, p 10187).

(71) Young Offenders Act 1997—Young Offenders Amendment Regulation 2002 (Gazette 17, 9/1/2002, p 77).


20 STANDING COMMITTEE ON SOCIAL ISSUES

The Chair (Ms Burnswoods) tabled Issues Paper No. 4 of the Standing Committee on Social Issues entitled “Foundations for Learning: A new vision for New South Wales?”, dated March 2002.

Ordered: That the document be printed.


21 RETURN TO ORDER—MANAGING DIRECTOR, HUNTER WATER CORPORATION

The Clerk, according to the resolution of the House of Wednesday 12 December 2001, tabled documents relating to the Managing Director, Hunter Water Corporation received on Friday 21 December 2001 from the Director-General of the Premier’s Department and referred to in paragraph 1 of the resolution of the House, together with an indexed list of documents.


22 GENERAL PURPOSE STANDING COMMITTEE NO. 1—REPORT TABLED OUT OF SESSION

The Clerk, according to the resolution of the House of 13 May 1999, announced receipt of Report No. 17 of General Purpose Standing Committee No. 1 entitled “NSW Workers Compensation Scheme: Second Interim Report”, dated January 2002, including minutes of proceedings.

The Clerk further announced that under the resolution the report was authorised to be printed on 17 January 2002.


23 GENERAL PURPOSE STANDING COMMITTEE NO. 2—REPORT TABLED OUT OF SESSION

The Clerk, according to the resolution of the House of 13 May 1999, announced receipt of Report No. 13 of General Purpose Standing Committee No. 2 entitled “Quality of Care for Public Patients and Value for Money in Major Non-metropolitan Hospitals in NSW: Discussion Paper, Parts 1, 2 and 3”, dated March 2002 including minutes of proceedings.

The Clerk further announced that under the resolution the report was authorised to be printed on 6 March 2002.

Dr Pezzutti sought leave to make a statement in relation to the report.

Objection taken.

Leave not granted.


24 STANDING COMMITTEE ON LAW AND JUSTICE—REPORT TABLED OUT OF SESSION

The Clerk, according to the resolution of the House of 25 May 1999, announced receipt of Report No. 18 of the Standing Committee on Law and Justice entitled “Review of the Crimes (Forensic Procedures) Act 2000”, dated February 2002, including minutes of proceedings, together with further minutes of proceedings, transcripts of evidence, submissions, tabled documents and correspondence.

The Clerk further announced that under the resolution the report was authorised to be printed on 7 February 2002.

Mr Dyer then moved, according to resolution of the House: That the House take note of the report.

Motion made (Mr Dyer speaking) and question: That this debate be now adjourned until the next Wednesday on which debate on Committee reports takes precedence—put and passed.


25 STANDING COMMITTEE ON LAW AND JUSTICE—REPORT TABLED OUT OF SESSION

The Clerk, according to the resolution of the House of 25 May 1999, announced receipt of Report No. 19 of the Standing Committee on Law and Justice entitled “Review of the exercise of the functions of the Motor Accidents Authority and the Motor Accidents Council: Third Report”, dated February 2002, including minutes of proceedings, together with further minutes of proceedings, transcripts of evidence, submissions, tabled documents and correspondence.

The Clerk further announced that under the resolution the report was authorised to be printed on 18 February 2002.

Mr Dyer then moved, according to resolution of the House: That the House take note of the report.

Motion made (Mr Dyer speaking) and question: That this debate be now adjourned until the next Wednesday on which debate on Committee reports takes precedence—put and passed.


26

STANDING COMMITTEE ON STATE DEVELOPMENT—GOVERNMENT’S RESPONSE TO REPORT ON INQUIRY INTO MERGER OF COUNTRY ENERGY DISTRIBUTORS

The Clerk, according to the resolution of the House of 25 May 1999, announced receipt of the Government’s response to the report of the Standing Committee on State Development entitled “Merger of country energy distributors”, tabled 31 May 2001.

The Clerk further announced that under the resolution the document was authorised to be printed on 18 December 2001.


27 SYDNEY WATER CATCHMENT MANAGEMENT ACT 1998

The Clerk, according to the Sydney Water Catchment Management Act 1998, announced receipt of a report entitled “Audit of the Sydney Drinking Water Supply Catchments managed by Sydney Catchment Authority: Interim Report to the Minister for the Environment, NSW State Government”, dated December 2001.

The Clerk further announced that under the Act the report was authorised to be printed on 19 December 2001.


28 PUBLIC FINANCE AND AUDIT ACT 1983

The Clerk, according to the Public Finance and Audit Act 1983, announced receipt of a Performance Audit Report of the Audit Office of New South Wales entitled “Department of Information Technology and Management: Government Property Register”, dated January 2002.

The Clerk further announced that under the Act the report was authorised to be printed on 31 January 2002.


29 REGULATION REVIEW COMMITTEE

The Clerk, according to the Regulation Review Act 1987, announced receipt of Report No. 22/52 of the Regulation Review Committee entitled “Second Report on the Fisheries Management (Aquaculture) Regulation 1995 and the Fisheries Management (Aquaculture) Amendment (Administration) Regulation 1999”, dated February 2002.

The Clerk further announced that under the Act the report was authorised to be printed on 28 February 2002.


30 COMMITTEE ON CHILDREN AND YOUNG PEOPLE

The Clerk, according to the Commission for Children and Young People Act 1998, announced receipt of Report No. 6/52 of the Committee on Children and Young People entitled “Learning to Run: Review of the Second Annual Report of the Commission for Children and Young People for the 2000-2001 Financial Year”, dated February 2002.

The Clerk further announced that under the Act the report was authorised to be printed on 28 February 2002.


31

COMMITTEE ON THE INDEPENDENT COMMISSION AGAINST CORRUPTION

The Clerk, according to the Independent Commission Against Corruption Act 1988, announced receipt of Report No. 7/52 of the Committee on the Independent Commission Against Corruption entitled “General Meeting with the Commissioner of the ICAC 30 November 2001”, dated March 2002.

The Clerk further announced that under the Act the report was authorised to be printed on 5 March 2002.


32 PETITIONS

Marijuana

Revd Mr Nile presented a petition from 161 citizens of New South Wales expressing concern about legal changes which could increase or encourage the distribution or availability of harmful drugs such as marijuana, and praying that the House take no measures that could extend the social problem of drug use and oblige those who are promoting marijuana or similar drugs to prove without doubt that such drugs are harmless before any legislation or decriminalisation of use is introduced.

Petition received.

Embryonic stem cell research

Mr Gay presented a petition from 305 citizens of New South Wales stating that they are concerned about the destruction of human embryos by scientists extracting embryonic stem cells and praying that the House will oppose the creation of embryos for the purpose of extracting stem cells, and support and fund scientific research using adult stem cells from all sources including umbilical cord blood.

Petition received.

Use of Cyanide in the mining process

Ms Rhiannon presented a petition from 1,195 citizens of New South Wales stating that the use of cyanide in the mining process involves such a threat to people’s health and the environment that it should be banned and praying that the House will call on the Government to ban the use of cyanide heap leaching mining methods.

Petition received.

Right of Christians to teach the whole Bible

Mr Dyer presented a petition from 78 citizens of New South Wales stating that Christians have a mandate from God to teach the whole Bible even at the risk of their teaching being misconstrued as vilification and praying that the Parliament of New South Wales retain the existing exemptions applying to religious bodies in the current Anti-Discrimination Act 1997.

Petition received.

Above rail community service obligations

Mr Gay presented a petition from 27 citizens of New South Wales stating that the removal of above rail community service obligations for branch rail lines will have a devastating impact on rural areas in New South Wales and praying that the House will call on the Government to reinstate the above rail community service obligations on branch lines until infrastructure on these lines has been upgraded.

Petition received.

Gay and Lesbian Mardi Gras

Revd Mr Nile presented a petition from 73 citizens of New South Wales stating that there is a need to review and reorganise the annual gay and lesbian Mardi Gras on a state and national level due to the increase in international awareness of this event and its international implications for Australia and praying that the House introduce legislation to take the organisation of the event and hand it over to ethnic groups to produce a multicultural ethnic parade to show the diversity of ethnicity.

Petition received.


33 SUSPENSION OF STANDING ORDERS—GIVING OF NOTICES OF MOTIONS

Mr Egan sought the leave of the House to move a motion to suspend Standing Orders to allow Members to give Notices of Motions for today only by lodging them with the Clerk at the Table.

No objection taken.

Leave granted.


34 GIVING OF NOTICES OF MOTIONS

Mr Egan moved, by leave and without previous Notice: That, for today’s sitting of the House, Members may give Notices of Motions by delivering a signed copy to the Clerk at the Table. Such notices will be entered by the Clerk on the Business Paper in random order.

Debate ensued.

Question put and passed.


35 STATEMENT BY PRESIDENT—NOTICES OF MOTIONS

The President made a statement indicating her intention to follow the procedure adopted last Session concerning the practice to be followed in giving the call for Notices of Motions.


36 NOTICES OF MOTIONS


37 DISTINGUISHED VISITOR

The President invited attention to the presence in her gallery of a delegation from the Council of the China University of Political Science and Law.


38 STANDING COMMITTEE ON LAW AND JUSTICE—REFERENCE

The Chair (Mr Dyer), according to paragraph 14 (2) of the resolution establishing Standing Committees, informed the House that the Standing Committee on Law and Justice had received the following reference from the Attorney General, Minister for the Environment, Minister for Emergency Services, and Minister Assisting the Premier on the Arts:

That the Standing Committee on Law and Justice inquire into and report on a proposal to introduce a State Arms Bill to regulate the use of coats of arms in connection with the Parliament, the Courts, the office of the Governor and State instrumentalities. In conducting its inquiry, the Committee should have regard to:

1. Whether the provisions of the proposed State Arms Bill meet its stated policy objectives, and

2. Any related matter.


39 SUSPENSION OF STANDING ORDERSCSESSIONAL ORDERS

Mr Egan sought the leave of the House to suspend Standing Orders to allow the adoption of Sessional Orders, in globo, forthwith, notice of which was given this day.

No objection taken.

Leave granted.


40 SESSIONAL ORDERS

Mr Egan moved, by leave and without previous Notice: That the following Sessional Orders be adopted:

(1) Prayers

That, during the present Session and unless otherwise ordered, Standing Order 10A be amended to read:

10A. Upon the President taking the Chair each day, if there be a Quorum present as provided by the 10th Standing Order, the President will offer the following Prayers:

“Almighty God, we humbly Beseech Thee to vouchsafe Thy blessing upon this Parliament. Direct and prosper our deliberations to the advancement of Thy glory, and the true welfare of the people of our State and Australia.
Our Father, who art in Heaven: Hallowed be Thy name. Thy Kingdom come. Thy will be done in earth, as it is in Heaven. Give us this day our daily bread. And forgive us our trespasses, as we forgive those who trespass against us. And lead us not into temptation; but deliver us from evil: For Thine is the kingdom, and the power, and the glory, for ever and ever, Amen.”

(2) Sitting days

That, during the present Session and unless otherwise ordered, this House meet for the despatch of business each week as follows:

Monday 11.00 am
Tuesday 2.30 pm
Wednesday 11.00 am
Thursday 11.00 am
Friday 11.00 am.

(3) Questions

That, during the present Session and unless otherwise ordered:

1. Questions are to commence at 4.00 pm on Monday and Tuesday, and at 12.00 noon on Wednesday, Thursday and Friday.

2. Whenever the House adjourns to a day and time later than the time appointed in paragraph 1, Questions are to commence 30 minutes after the time appointed for the meeting of the House.

3. If, at the time for interruption:

(a) a division is in progress, the division is to be completed and the result announced,

(b) the House is in Committee of the Whole, the Chairman is to leave the Chair and report progress,

and any business then under discussion, if not disposed of, is to be set down on the Notice Paper for a later hour of the sitting.

(4) Petitions

That, during the present Session, a copy of every Petition received by the House is to be referred by the Clerk to the Minister responsible for the administration of the matter which is the subject of the Petition.

(5) Cognate Bills

That, during the present Session:

1. Whenever a Minister intimates to the House that Bills specified by the Minister are cognate Bills:

(a) the Bills may be introduced on one Motion for leave and be presented and read a first time together,

(b) one Motion may be moved and one Question put in regard to each of the several stages for the passage of the Bills through the Council, but the Bills must be considered separately in Committee of the Whole.

2. When Bills sent from the Assembly are reported by the President as cognate Bills, the first reading and subsequent stages may be proceeded with in a similar manner.

(6) Right of reply to Ministerial Statements

That, during the present Session and unless otherwise ordered, the Leader of the Opposition, or a Member nominated by the Leader of the Opposition, may speak to a ministerial statement, not exceeding the time taken by the Minister in making the statement.

(7) Motion for adjournment

That, during the present Session and unless otherwise ordered:

1. On any Motion for adjournment to terminate a sitting:

(a) the Question is to be put not later than 30 minutes after the Motion has been moved or, when a Minister desires to speak or is then speaking, at the conclusion of the Minister’s remarks,

(b) any Member may speak for 5 minutes on matters not relevant to the Motion, but must not refer to matters which are not in order.

2. Proceedings must be interrupted at 5.00 pm on Thursday and 3.45 pm on Friday to permit a Motion for adjournment to be moved to terminate the sitting if a Minister thinks fit.


3. If, at the time of interruption:

(a) a division is in progress, the division is to be completed and the result announced,

(b) the House is in Committee of the Whole, the Chairman must leave the Chair, report progress and seek leave to sit again.

4. When any business under discussion, if not disposed of, is interrupted under this Sessional Order, the debate is to stand adjourned and be made an Order of the Day for the next sitting day at the end of Government or General Business, as the case may be fixed for that day, but so as not to preclude the operation of Standing Order 67, unless a motion is moved without amendment or debate for the adjournment of the debate to a day to be stated.

(8) Divisions—Recording of pairs

That, during the present Session and unless otherwise ordered, Members paired on any division must be recorded by the tellers. The names of all Members paired must be recorded on the tellers’ lists and be printed in the Minutes of the Proceedings and Hansard.

(9) Ministerial reply to adjournment matters

That, during the present Session and unless otherwise ordered, a Minister may, before the House proceeds to the business of the day, make a statement in relation to any matter raised on the Adjournment at a previous sitting.

(10) Leadership of parties and groups

That, as soon as practicable after each periodic Council election and whenever changes occur the leaders of parties or groups with two or more Members in the House may announce the leadership of the parties or groups represented in the House.

(11) Questions on notice

That, during the present Session and notwithstanding anything contained in the Standing Orders, the procedure in relation to Questions on Notice is varied, as follows:

1. Notices of Questions, signed by a Member, must be handed to one of the Clerks at the Table during the sitting of the House.

2. The Clerk is to publish in a Questions and Answers Paper, printed and circulated to Members, Notices of Questions in the order in which they are received.

3. The reply to a Question on Notice is to be delivered to the Clerk and is to be published in the Questions and Answers Paper.

4. Ministers must lodge answers to Questions on Notice within 35 calendar days after the question is first published.

5. If an answer to a Question on Notice is not received within 35 calendar days, the President is to inform the House on the next sitting day the details of any Question not answered. The relevant Minister must immediately explain to the House the reason for non-compliance.

6. If, after explanation in the House, the Minister has not submitted an answer within 3 sitting days, the President is to again inform the House and the Minister will again be called to explain. This procedure is to continue until a written answer is submitted.

7. During any adjournment of the House, replies to Questions on Notice may be delivered to the Clerk.

8. A Questions and Answers Paper is to be printed and circulated on any prorogation of the House.

(12) Bill passed—Message to the Assembly

That, during the present Session and unless otherwise ordered, Standing Order 191 be amended to read:

191. After the third reading the Bill is to be deemed to have passed the House and the Clerk is to certify its passage. The Bill is to be sent, with a Message signed by the President, to the Assembly for concurrence.

(13) Introduction of public Bills

That, during the present Session and notwithstanding anything contained in the Standing Orders:

1. When any Bill, except a Bill sent from the Assembly, has been read a first time and ordered to be printed the second reading may be moved forthwith or made an Order of the Day for a later hour or for a future day. Immediately following the second reading speech by the mover, debate is to be adjourned until a future day which must be at least five calendar days ahead.

2. However, if a Minister declares a Bill to be an urgent Bill and copies have been circulated to Members, the Question “That the Bill be considered an urgent Bill” must be put forthwith, without amendment. If that Question is agreed to, the second reading debate and subsequent stages may proceed forthwith or at any time during any sitting of the House.

(14) Matters of public interest

That, during the present Session and unless otherwise ordered:

1. A Member may give Notice of a Motion, for a day to be stated “That the following important matter of public interest be discussed forthwith (stating the matter to be discussed)”.

2. On the day proposed for moving the Motion it is to be called on immediately before the House proceeds to the consideration of business set down on the Notice Paper for that day, except business taking precedence under Standing Order 55 (Matters of Privilege).

3. When the Motion has been moved, the Question is to be decided without amendment or debate except a statement by the mover and a statement by a Minister not exceeding 10 minutes each.

4. If the Question is agreed to, discussion of the matter may proceed for one and a half hours on the same or subsequent sitting days, except the reply of the mover.

5. The speech of:

(a) the Member moving the motion,

(b) the Minister first speaking,

(c) the Leader of the Opposition, or a person nominated by the Leader, first speaking when the Motion has been moved by a Member of the Government,

must not exceed 15 minutes each. The speech of any other Member or the proposer in reply must not exceed 10 minutes each.

6. When discussion of a matter of public interest is adjourned to a subsequent sitting day the Order of the Day for resumption is to take precedence of all other business on the Notice Paper for that sitting day, except business taking precedence under Standing Order 55 (Matters of Privilege).

7. More than one Notice of Motion may be given for any one sitting day, although only one motion on a Matter of Public Interest may proceed on any one sitting day. The House will consider the question of urgency on the motions for which notice has been given in the order in which they appear on the Notice Paper.

8. A Notice of Motion for a Matter of Public Interest not reached on the day set down for consideration, will be set down on the Notice Paper for the next sitting day, with precedence of all other Notices of Motions for Matters of Public Interest not specifically set down for that day.

9. The resumption of an adjourned discussion and one new matter may be dealt with on the same day.

10. Matters of Public Interest will only be considered on days on which Government Business has precedence.

(15) Routine of business

That, during the present Session and unless otherwise ordered, the House is to proceed with its business each day in the following routine:

1. Formal Business under Standing Order 57.
2. Presentation of Petitions.
3. Notices of Motions.
4. Any proposal under Standing Order 13.
5. Ministerial Statements.
6. Ministerial replies to matters raised on the Adjournment.
7. Motions and Orders of the Day, or vice versa, as set down on the Notice Paper.

(16) Proposing of questions on amendments

That, during the present Session and notwithstanding anything contained in the Standing Orders, when any amendment is proposed in the House or Committee of the Whole, the Chair may put the question “That the amendment be agreed to”.

(17) Committals

That, during the present Session and unless otherwise ordered, Standing Order 171 be amended to read:

171. After the second reading of a Bill, unless the Bill is referred to a Select or Standing Committee:

(a) the President may inquire of the House if leave is granted to proceed to the third reading of the Bill forthwith; or

(b) a motion may be made without amendment or debate “That the President do now leave the Chair, and the House resolve itself into a Committee of the Whole to consider the Bill in detail” or a future day may be appointed on motion for consideration of the Bill in Committee of the Whole.


(18) Message from Assembly transmitting Bills

That, during the present Session and notwithstanding anything contained in the Standing Orders, and unless otherwise ordered:

Whenever the President has several Messages from the Legislative Assembly to report transmitting Bills for concurrence, the President may inquire if leave is granted for procedural motions for the first reading, printing, suspension of Standing Orders, where applicable, and fixing the day for the second reading, to be dealt with on one motion without formalities.

(19) Precedence of business

That, during the present Session and unless otherwise ordered:

1. Government Business is to take precedence of General Business on Monday, Tuesday, Wednesday, Friday and after 5.00 pm on Thursday each week.

2. General Business is to take precedence until 5.00 pm on Thursday each week.

(20) Precedence for disallowance of statutory instruments

That, during the present Session and notwithstanding anything contained in the Standing Orders:

1. A Notice of Motion to disallow:

(a) a Statutory Rule under section 41 of the Interpretation Act 1987; or

(b) any other Statutory Instrument or document made under the authority of any Act and which is subject to disallowance by either or both Houses of the Parliament,

is to be placed on the Notice Paper as Business of the House.

2. On the day proposed for moving the Motion the House will first decide on a Question proposed without amendment or debate AThat the motion proceed forthwith@.

3. If the Question is agreed to, the Motion will then proceed as Business of the House.

4. If the Question is not agreed to, the Motion will become a General Business Notice of Motion and will be set down on the Notice Paper of General Business for the next sitting day at the end of business already set down for that day.

5. The debate on any motion moved under paragraph (3) of this Sessional Order is to be conducted as follows:

(a) the Member moving the motion and the Minister first speaking may speak for not more than 15 minutes,

(b) any other Member and the mover in reply may speak for not more than 10 minutes,

(c) if the motion is not sooner disposed of, after a total time of one and a half hours debate, the President is to interrupt proceedings to allow the mover of the motion to speak in reply; and

(d) the President will then put all questions necessary to dispose of the motion and any amendments.


(21) Unproclaimed legislation

That, on the second sitting day of each month, a Minister table a list of all legislation that has not been proclaimed ninety calendar days after assent.

(22) Answers to questions without notice

That, during the present Session and unless otherwise ordered, where Questions are put without notice by a Member and the Minister concerned refers the Question to the appropriate Minister in another place:

1. The Minister must provide the answer to the House within 35 calendar days after the Question was first asked.

2. If an answer to a Question without Notice is not received within 35 calendar days, the President is to inform the House on the next sitting day of the details of any Question not answered. The relevant Minister must immediately explain to the House the reason for non-compliance.

3. If, after explanation in the House, the Minister has not provided an answer within 3 sitting days, the President is to again inform the House and the Minister will again be called to explain. This procedure is to continue until an answer is provided.

4. During any adjournment of the House, replies to Questions without Notice may be delivered to the Clerk.

5. Answers to Questions without Notice delivered to the Clerk are to be printed and circulated on any prorogation of the House.

(23) Parliamentary Secretaries

That any Member appointed as a Parliamentary Secretary under section 38B Constitution Act 1902 may exercise the powers and perform the functions conferred upon Ministers by the procedures of the Legislative Council, but may not be asked or answer questions which may be put to Ministers under Standing Orders 29 or 32 or represent a Minister before a Committee considering estimates.

(24) Private Members’ Business

That, during the present Session and notwithstanding anything contained in the Standing Orders, the procedure for the consideration of General Business (referred to as “Private Members’ Business”) is varied as follows:

1. Any Member may give Notice of Motion of an item of Private Members’ Business for debate during the Session.

2. On days set apart for General Business, the House is to consider items of Private Members’ Business in the sequence established by a draw conducted by the Clerk of the House at the beginning of the Session and from time to time.

3. (1) As soon as practicable after the adoption of this Sessional Order and the Sessional Order granting precedence to General Business, the Clerk of the House is to conduct a random draw of 12 Members’ names from items of Private Members’ Business already placed on the Business Paper, to establish the order of precedence for 12 separate items.

(2) To the extent that there is a sufficient number of notices on the Business Paper, the draw is to be conducted from the names of Members with notices in the following order:

(a) Opposition Members,

(b) Cross-bench Members,

(c) Government Members.

(3) The names of Members with notices will be drawn separately in the sequence shown in sub-paragraph (2) to determine their relative position in the order of precedence for the first 12 items.

(4) The items drawn will appear in numerical sequence from 1 to 12 on the Business Paper under “Items in the Order of Precedence”. Those items not drawn in the order of precedence will appear on the Business Paper under “Items outside the Order of Precedence”.

(5) The Clerk is to notify the Members involved, no later than 1 day prior, of the date, time and place of the draw.

(6) The order of precedence must not contain more than 12 items at any time.

(7) As soon as possible following the draw, each Member whose name has been drawn and who has more than one notice of motion on the Business Paper, is to notify the Clerk which notice of motion is to be placed in the order of precedence. If a Member does not notify the Clerk within 2 working days, the first motion standing on the Business Paper in the name of the Member will be included in the order of precedence.

4. Whenever necessary during a Session, the Clerk is to conduct a further random draw, in the manner set out in paragraph 3, to establish additional items of Private Members’ Business so that there are not more than 12 items. A Member who has an item already listed in the order of precedence is not eligible to have their name chosen.

5. The establishment of an order of precedence for Private Members’ Business does not prevent a Member from giving notice of Private Members’ Business which is to be listed on the Business Paper, under “Items outside the Order of Precedence” in the order given.

Debate on motions

6. (1) An item of Private Members’ Business, other than a bill, must not receive more than three hours of debate.

(2) When an item of Private Members’ Business other than a bill, is being considered:

(a) the mover of the motion may speak for not more than 30 minutes, and

(b) any other Member may speak for not more than 20 minutes.

(3) When an item other than a bill is not earlier disposed of, at 15 minutes before the end of the time provided for the consideration of the item, the President is to interrupt proceedings to allow the mover of the motion to speak in reply for not more than 10 minutes. The President will then put every question necessary to dispose of the motion, forthwith and successively without further amendment or debate, unless the motion is withdrawn as provided by the Standing Orders.

Debate on Bills

7. (1) Where there is debate on the question for leave to bring in a bill the following time limits will apply:

(a)

a maximum of one hour of debate,

(b) the mover of the motion, and any other Member, may speak for not more than 10 minutes, and

(c) 10 minutes before the end of the time for debate, the President is to interrupt proceedings to allow the mover of the motion to speak in reply for not more than 10 minutes.

(2) On any motion being agreed to for leave to bring in a bill, the question on the first reading and printing will be taken together as one motion, and put without amendment or debate.

(3) Where there is debate on the question for the second or third reading of a bill the following time limits will apply:

(a) the mover of the motion may speak for not more than 30 minutes, and

(b) any other Member and the mover in reply may speak for not more than 20 minutes.

(4) After the second reading speech of the mover, debate on the bill must be adjourned for at least 5 calendar days, while retaining its position in the order of precedence.

(5) In Committee of the Whole on a bill there is no time limit on speeches.

8. An item of Private Members’ business listed in the Order of Precedence may be postponed. However, an item of Private Members’ business in the Order of Precedence that is postponed for a third time will be removed from the Order of Precedence and set down at the end of Private Members’ Business outside the Order of Precedence unless the House otherwise orders, on motion moved without notice.

9. When an item of Private Members’ Business is dealt with on days set aside for Government Business this Sessional Order applies.

(25) Citizen’s right of reply

That, during the present Session and notwithstanding anything contained in the Standing Orders, a notice of motion to adopt a report from the Standing Committee on Parliamentary Privilege and Ethics on a citizen’s right of reply is to be placed on the Notice Paper as Business of the House for 6 days after the giving of the notice of motion.

(26) Questions without notice

That, during the present Session and notwithstanding anything contained in the Standing Orders, the following general rules apply to questions without notice:

Questions to Ministers and other Members

1. Questions may be put to Ministers relating to public affairs with which the Minister is officially connected, to proceedings pending in the house, or to any matter of administration for which the Minister is responsible.

2. Questions may be put to other Members relating to any matter connected with the business on the Notice Paper of which the Member has charge.

3. Questions may be put to a Chair of a committee relating to the activities of that committee, but the question must not attempt to interfere with the committee's work or anticipate its report.

4. At the discretion of the President, 1 supplementary question may be immediately put by the Member who asked a question to elucidate an answer.

5. (1) The asking of each question must not exceed 1 minute and the answering of each question must not exceed 4 minutes. A Minister may seek leave to extend the time for an answer by 1 minute.

(2) The asking of a supplementary question must not exceed 1 minute and the answering of each supplementary question must not exceed 2 minutes.

Rules for questions

1. Questions must not contain:

(a) statements of fact or names of persons unless they are strictly necessary to render the question intelligible and can be authenticated,

(b) arguments,

(c) inferences,

(d) imputations,

(e) epithets,

(f) ironical expressions, or

(g) hypothetical matter.

2. Questions must not ask:

(a) for an expression of opinion,

(b) for a statement or announcement of the government’s policy, or

(c) for a legal opinion.

3. Questions must not refer to:

(a) debates in the current Session, or

(b) proceedings in committee not yet reported to the House.

4. Questions must not anticipate discussion upon an order of the day or other matter on the Notice Paper, except an item of Private Members Business outside the order of precedence.

5. An answer must be relevant to a question.

6. In answering a question a Member must not debate the question.

7. The President may direct that the language of a question be changed if it is unbecoming or not in conformity with these rules.

Question put and passed.


41 SUSPENSION OF STANDING ORDERSCRESTORATION OF PRIVATE MEMBERS’ BUSINESS AND CONTINGENT NOTICES

Mr Egan sought the leave of the House to suspend Standing Orders to allow the moving of a motion to restore Private Members’ Business and Contingent Notices from last Session, in globo, forthwith, notice of which was given this day.

No objection taken.

Leave granted.


42 RESTORATION OF PRIVATE MEMBERS’ BUSINESS AND CONTINGENT NOTICES

Mr Egan moved, by leave and without previous Notice:

1. That all Private Members’ Business inside the Order of Precedence and interrupted by the close of the previous session, be restored to the Business Paper in the order in which it last appeared and at the stage it had reached.

2. That contingent notices of motions standing on the Business Paper at the end of the last session in the names of various Members relating to the following subjects, be restored to the Business Paper:

Take note of paper
Instruction to Committee of the Whole
Precedence of item of business
Passing of bill through all stages
Conduct of business of the House
Precedence of business after Prayers
Precedence of Government business
Censure of Minister
Contempt of House

Question put and passed.


43 DEATH OF SIR ARTHUR RODEN CUTLER, VC, AK, KCMG, KCVO, CBE, KStJ, FORMER GOVERNOR OF NEW SOUTH WALES

The President informed the House of the death on 21 February, 2002 of the former Governor of the State, Sir Arthur Roden Cutler VC, AK, KCMG, KCVO, CBE, KStJ.

Mr Egan moved, without Notice:

(1) That this House express and place on record its deep regret in the loss to this State by the death, on 21 February 2002, of the former Governor of the State, Sir Arthur Roden Cutler, awarded the Victoria Cross for exceptional courage, Knight of the Order of Australia, Knight Commander of the Order of St Michael and St George, Knight Commander of the Royal Victorian Order, Commander of the Order of the British Empire, Knight of the Most Venerable Order of St John of Jerusalem.

(2) That the President convey to Lady Cutler and family the profound sympathy and sorrow of the Members of the Legislative Council in the loss sustained by the death of her distinguished husband.


Debate ensued.

Question put and passed. Members and Officers of the House stood as a mark of respect.


44 ADDRESS-IN-REPLY TO THE GOVERNOR=S OPENING SPEECH

The President reported the receipt of a copy of the Speech made on Tuesday 26 February 2002, by Her Excellency the Governor and which was recorded in the Minutes of Proceedings.

Whereupon Mr Tsang moved and Ms Fazio seconded the motion: That the following Address be adopted and presented by the Whole House to the Governor, in reply to the Speech which Her Excellency had been pleased to make to both Houses of Parliament.

To Her Excellency Professor MARIE BASHIR, Companion of the Order of Australia, Governor of the State of New South Wales in the Commonwealth of Australia.

MAY IT PLEASE YOUR EXCELLENCY -

We, the Members of the Legislative Council of the State of New South Wales, in Parliament assembled, desire to express our thanks for Your Excellency’s speech, and to express our loyalty to the Sovereign.

We assure Your Excellency that our earnest consideration will be given to the measures to be submitted to us, and that we will faithfully carry out the important duties entrusted to us by the people of New South Wales.

We join Your Excellency in the hope that our labours may be so directed as to advance the best interests of all sections of the community.

Debate ensued.

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


46 ADDRESS-IN-REPLY TO THE GOVERNOR=S OPENING SPEECH

Order of the Day read for resumption of the interrupted debate of the question on the motion of Mr Tsang: That the following Address be adopted and presented by the Whole House to the Governor, in reply to the Speech which Her Excellency had been pleased to make to both Houses of Parliament.

To Her Excellency Professor MARIE BASHIR, Companion of the Order of Australia, Governor of the State of New South Wales in the Commonwealth of Australia.

MAY IT PLEASE YOUR EXCELLENCY -

We, the Members of the Legislative Council of the State of New South Wales, in Parliament assembled, desire to express our thanks for Your Excellency’s speech, and to express our loyalty to the Sovereign.

We assure Your Excellency that our earnest consideration will be given to the measures to be submitted to us, and that we will faithfully carry out the important duties entrusted to us by the people of New South Wales.

We join Your Excellency in the hope that our labours may be so directed as to advance the best interests of all sections of the community.

Debate resumed.

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


47 ADJOURNMENT

Mr Macdonald moved: That this House do now adjourn.

Debate ensued.

Question put and passed.

The House adjourned at 6.29 pm until Wednesday 13 March 2002 at 11.00 am.

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Authorised by the Parliament of New South Wales