The President (The Hon. Dr Meredith Burgmann) took the chair at 2.30 p.m.

The Clerk of the Parliaments offered the Prayers.

The PRESIDENT: I acknowledge that we are meeting on Eora land.

The PRESIDENT: The Department of the Legislative Council has been restructured to enhance the services provided to members by more closely aligning resources to areas of emerging demand. The roles of senior officers have been altered to reflect the new structure. There are now three principal sections—Procedure, Committees and Corporate Support. The new senior position holders within the department are: Clerk Assistant—Committees, Mr Warren Cahill; Clerk Assistant—Corporate Support, Mr Mike Wilkinson; and Usher of the Black Rod and Director-Procedure, Mr David Blunt.

The PRESIDENT: Mr David Michael Blunt, who was appointed Usher of the Black Rod by the Governor-in-Council on 1 September 2004, took the oath of allegiance and the official oath before Her Excellency the Governor on Tuesday 7 September 2004 at Government House.

Motion by Ms Sylvia Hale agreed to:

1. That the report of the Independent Legal Arbiter, Sir Laurence Street, dated 27 August 2004, on the disputed claim of privilege on papers on tunnel ventilation systems be laid on the table by the Clerk.

2 That, on tabling, the report is authorised to be published.

The Hon. Michael Costa tabled, pursuant to Standing Order 59, a list of all papers tabled for the month of August 2004 and not ordered to be printed.

The following report was ordered to be printed:

Annual report of the Inspector of the Police Integrity Commission for the year ended 30 June 2004

The Clerk tabled, pursuant to the resolution of the House this day, the report of the Independent Legal Arbiter Sir Laurence Street, dated 27 August 2004, on the disputed claim of privilege on papers on tunnel ventilation systems.

The Clerk announced the receipt, pursuant to the Legislation Review Act 1987, of a report entitled "Legislation Review Digest No. 11 of 2004", dated 13 September 2004.

The Clerk announced further that, pursuant to the Act, it had been authorised that the report be printed.
Petition requesting support for primary producers and opposing Department of Primary Industries budget cuts that may affect key field staff, front-line services and research and development, received from the Hon. Duncan Gay.

Petition requesting effective breast screening for women and maintenance of funding to BreastScreen NSW, received from the Hon. Patricia Forsythe.

Petition praying that the House reject legislative proposals that would detract from the exercise of freedom of religion and the employment of persons whose beliefs and lifestyle are consistent with religious doctrine and values, and retain the existing exemptions applying to religious bodies in the Anti-Discrimination Act, received from Reverend the Hon. Dr Gordon Moyes.

Petition praying that the oath of allegiance to Her Majesty the Queen be retained in the pledge of loyalty by members of the Parliament of New South Wales and by Ministers of the Crown, received from the Hon. David Clarke.

Petition requesting the reinstatement and funding of business enterprise centres, received from the Hon. Patricia Forsythe.

Private Members' Business items Nos 30 and 73 outside the Order of Precedence withdrawn by Ms Lee Rhiannon.

Government Business Orders of the Day Nos 1 to 7 postponed on motion by the Hon. Tony Kelly.

General Business Notice of Motion No. 1 postponed on motion by the Hon. Duncan Gay.

Motion, by leave, by the Hon. Tony Kelly agreed to:

That questions commence at 3.00 p.m. this day.

The PRESIDENT: I inform the House that, on behalf of the members of the Legislative Council and the people of New South Wales, I will be sending messages of condolence to the Presidents of Russia and Indonesia expressing sympathy and deepest sorrow to the people of Beslan, North Ossetia, and Jakarta, Indonesia, at the tragic loss of life following recent terrorist attacks in those cities.

Members and officers of the House stood in their places.
The PRESIDENT: I inform the House that following the resignation of Reverend the Hon. Fred Nile the Clerk has received nominations from the crossbench to fill the vacancies on the following committees caused by that resignation:

General Purpose Standing Committee No. 1—Reverend the Hon. Dr Gordon Moyes and the Hon. John Tingle

Privileges Committee—Reverend the Hon. Dr Gordon Moyes

Procedure Committee—Reverend the Hon. Dr Gordon Moyes

The Hon. John Tingle has this day withdrawn his nomination to serve on General Purpose Standing Committee No. 1. As there is only one nomination for each committee, Reverend the Hon. Dr Gordon Moyes is appointed as the crossbench member on each of those committees.

The Hon. DON HARWIN [2.48 p.m.]: I move, 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. 111 outside the Order of Precedence, relating to an order for papers regarding a proposed school at Lake Cathie, be called on forthwith.

Debate on this motion commenced on our last sitting Thursday and was not concluded. We were faced with the spectacle of Government members filibustering to avoid it coming to a conclusion. This is not good enough, particularly given the Government's performance with regard to private members' business during the last sitting week when, supposedly, some recompense was being offered for members having forgone private members business earlier. I hope that the Government has come to its senses and will allow this matter to be finalised in the time available to us today. The Government has had more than enough time to think about this matter in the intervening period. I hope this motion will be agreed to.

Question—That the motion be agreed to—put.

The House divided.

Mr Breen Dr Chesterfield-Evans Mr Clarke Mr Cohen Ms Cusack Mrs Forsythe Mr Gallacher Mr Gay

Ms Hale Mr Jenkins Mr Lynn Reverend Dr Moyes Mr Oldfield Ms Parker Mrs Pavey Mr Pearce

Ms Rhiannon Mr Ryan Mr Tingle Tellers, Mr Colless Mr Harwin

Ms Burnswoods Mr Catanzariti Mr Costa Mr Della Bosca Mr Egan Ms Fazio

Ms Griffin Mr Hatzistergos Mr Kelly Mr Macdonald Mr Obeid Mr Roozendaal

Ms Tebbutt Mr Tsang Tellers, Mr Primrose Mr West

Miss Gardiner

Ms Robertson

Question resolved in the affirmative.

Motion agreed to.
The Hon. DON HARWIN [2.57 p.m.]: I move:

That Private Members' Business item No. 111 outside the Order of Precedence be called on forthwith.

The House divided.

Mr Breen Dr Chesterfield-Evans Mr Clarke Mr Cohen Ms Cusack Mrs Forsythe Mr Gallacher Miss Gardiner

Mr Gay Ms Hale Mr Jenkins Mr Lynn Reverend Dr Moyes Mr Oldfield Ms Parker Mrs Pavey

Mr Pearce Ms Rhiannon Mr Ryan Mr Tingle Tellers, Mr Colless Mr Harwin

Ms Burnswoods Mr Catanzariti Mr Costa Mr Della Bosca Mr Egan Ms Fazio

Ms Griffin Mr Hatzistergos Mr Kelly Mr Macdonald Mr Obeid Mr Roozendaal

Ms Tebbutt Mr Tsang Tellers, Mr Primrose Mr West

Question resolved in the affirmative.

Motion agreed to.

Pursuant to resolution business interrupted.

The Hon. MICHAEL GALLACHER: My question without notice is directed to the Minister for Transport Services. Is the Minister aware of the findings of the independent feasibility study conducted by PricewaterhouseCoopers into the Casino to Murwillumbah rail line? In light of its finding that a commitment of $25 million over six years would allow the line to be brought up to operational standard, will he now reconsider the offer from the Federal Government to provide $30 million in funding over the next two years to restore rail services to the North Coast?

The Hon. Melinda Pavey: A simple yes will do.

The Hon. MICHAEL COSTA: When the honourable member gets a chance to sit on this side of the Chamber, which she will not get for a long time, she will be able to answer questions in any way she likes. In the meantime I will answer questions my way. I am glad the Leader of the Opposition asked this question. It is extraordinary for someone to ask me to respond to a report that has not been released. I know that the Coalition has been severely embarrassed by its lack of commitment to maintaining the Casino to Murwillumbah rail line, given all the pontificating we had to sit through day after day when the issue was decided earlier this year.

It is also extraordinary that the Opposition commissioned a report at a cost of $50,000. It has not been released, but for political purposes someone has chosen to leak what may well be its conclusions. I am happy to study the report in detail. If the Leader of the Opposition has a copy of it—obviously he does if he is referring to its conclusions—I ask him to forward it to my office and I will provide a detailed response.
In the meantime, it is clear that the Coalition is not committed to rail services on the North Coast. Honourable members opposite came into the House day after day claiming that the line closure would be a disaster and that they are committed to rail services. They have had an opportunity to put their money where their mouth is and they have failed to do so. It is clear that they engaged in a $50,000 political stunt with the—

The Hon. Melinda Pavey: You are a political stunt!

The Hon. MICHAEL COSTA: If I am, the honourable member should take some lessons from me. If honourable members opposite intend to play politics and pay $50,000 to an allegedly independent consulting firm to come up with a report, they should have the guts to release it so we can analyse the calculations. I have taken the advice of professionals responsible for maintaining rail infrastructure and they say we need nearly $200 million over the next 20 years to restore rail services. The Coalition has been severely embarrassed by the fact that it will not come up with the money required to do that restoration work.

This is a bogus report that suggests there has been inadequate funding. It is clearly nothing other than a political stunt—and a cheap one at that. The report does not provide the facts about the Casino to Murwillumbah rail line. The facts are there because honourable members opposite grilled witnesses—as they are so proficient at doing; I use that word advisedly—during committee hearings. The evidence clearly indicated that the line would require much more than the pittance being offered by the Coalition.

Honourable members opposite have been exposed for not coming up with the goods when they had the opportunity to do so. The incoming Latham Government will make $150 million available for the restoration of rail services. That is the amount required to undertake restoration projects; not the piddling amount honourable members opposite are peddling as a political stunt. If they are so confident that that is enough money, I challenge them to take over the line.

The Hon. IAN WEST: I direct my question to the Minister for Natural Resources (Lands) and refer to the Government's role as the caretaker of the Great North Walk. Can the Minister advise the House what the Government is doing to increase accessibility to, and the safety of, this magnificent natural resource for the people of New South Wales?

The Hon. TONY KELLY: The Great North Walk is a 250-kilometre long bushwalking track—

The Hon. Dr Arthur Chesterfield-Evans: It does not have enough water.

The Hon. TONY KELLY: The walk is on the coast; the ocean is beside it. It stretches from the Sydney CBD up through the Central Coast, to the mouth of the Hunter River at Newcastle.

The Hon. Jennifer Gardiner: A walk into the wilderness with the Labor Party!

The PRESIDENT: Order! I call the Hon. Jennifer Gardiner to order for the first time. I am finding it very hard to hear the Minister. Honourable members should keep the chatter down.

The Hon. TONY KELLY: The walk passes through a broad range of natural habitats and bushland, as well as rural and urban settings. It passes through the Sydney Harbour, Berowra Valley, Hawkesbury River, Watagan Mountains, Lake Macquarie and Newcastle coastal areas. The Great North Walk was originally constructed in 1988 as a bicentennial project, with the Department of Lands responsible for its maintenance and enhancement. It is estimated that more than 40,000 local, interstate, and international visitors use the walk annually. The fittest of those walkers—not including the Special Minister of State, who perhaps should walk to work—may take on the challenge of a full 12-day to 16-day hike, whereas the slightly more aerobically challenged can enjoy shorter walks of one or two days along different sections.

The Great North Walk meanders through national park, State forests, council-owned land, and various sections of Crown land. The Carr Government, through the Department of Lands, is proudly committed to maintaining and improving this wonderful walking track. In the 2003-04 financial year I approved grants of more than $88,000 for the purchase of construction materials, safety equipment and protective clothing, motor vehicle hire and associated running costs, general repairs and maintenance, and staff training. In addition to this, we funded restoration works worth more than $100,000 to repair destruction of parts of the track caused by the December 2002-January 2003 bushfires. These works, conducted within the Berowra Valley and Central Coast areas, included the replacement of destroyed or damaged assets such as steps, stairs, boardwalks, handrails and bridges, and various track re-routes.

A series of significant construction projects on the Great North Walk was also carried out by the Department of Lands in 2003-04. The total value of these works was more than $37,000. They included the Galston Gorge metal safety handrails, the Stringy Bark Point-Ourimbah Creek bridge construction, the Mooney Mooney Creek bridge construction, and the Fishponds Timber Bridge maintenance and handrail installation.

People of all ages and levels of fitness regularly enjoy the Great North Walk. The New South Wales Government has provided track registers whereby walkers are given the opportunity to leave comments and suggestions for improvement. The registers provide valuable feedback, and identify what people are using the Great North Walk and the number of them. Due to increasing community awareness of the benefits of ecotourism, and a greater understanding of the importance of general fitness, indications are that larger numbers of people are using walking track systems such as the Great North Walk. The New South Wales Government, through the Department of Lands, will continue to work in close collaboration with the community, local councils, and other government and non-government agencies to achieve best practice in the management of the Great North Walk.

The Hon. DUNCAN GAY: My question is directed to the Minister for Primary Industries. Does the Minister recall his commitment to maintain a moratorium on his decision to close the Grafton, Gosford, Temora and Deniliquin agricultural research facilities until November this year, as promised at the NSW Farmers annual conference in July and again in the House on 31 August? Will the Minister guarantee that he will not pre-empt that promise by moving before November? And will he honour his commitment?

The Hon. IAN MACDONALD: At the NSW Farmers annual conference, which was held on, I think, 22 July, I announced that there would be a moratorium on the various proposed closures by the department as set out in the work force plan presented to the staff in May this year. I am holding a large number of consultations under the aegis of that moratorium, and I will make relevant decisions when I have considered all the issues.

The Hon. DUNCAN GAY: I ask a supplementary question. Does the Minister's answer mean he will not fulfil his commitment?

The Hon. IAN MACDONALD: It does not mean anything like that. As I said, the moratorium was until November, unless an agreement can be reached with the unions and staff.

The Hon. JOHN TINGLE: My question without notice is addressed to the Minister for Justice, representing the Minister for Police. What will the Minister do about the apparent re-emergence of bikie gangs, particularly the Nomad gang, which police thought they had tamed in 2002? Is it a fact that that gang has chapters in many parts of New South Wales and has been alleged to be involved in drug and illegal firearms trade? Were members of two chapters of the gang involved in a shooting incident at Newcastle last Sunday in which four gang members were injured, two being shot and one pistol-whipped? Given the allegations about the gang, how can it operate openly, apparently with ready access to firearms? After last Sunday's shootings, what steps will police take to neutralise the gang yet again?

The Hon. JOHN HATZISTERGOS: I will refer the matter to the Minister for Police, obtain an answer, and advise the House in due course.

The Hon. JAN BURNSWOODS: My question is addressed to the Minister for Ageing, Minister for Disability Services, and Minister for Youth. What action is being taken to address concerns about the quality of care provided by the Bankstown Handicapped Children's Centre?

The Hon. CARMEL TEBBUTT: As the House would be aware, earlier this year a number of people, including the Hon. John Ryan, raised serious concerns about the operation of the Bankstown Handicapped Children's Centre, known as The Centre. The Centre provides supported accommodation in 13 group homes in the Bankstown area, as well as community access services to young people with a disability.

At the time these concerns were raised, the Department of Ageing, Disability and Home Care [DADAHC] was already looking at a number of issues in relation to The Centre's operations. In June the department began a comprehensive review of the operations of The Centre. The board and management of The Centre have fully co-operated with the review, which involved an extensive evaluation of all aspects of the service and addressed all the specific issues raised by families and others.

The findings of the review fall into three main areas: service quality, funding and service configurations, and stakeholder issues. The review found that The Centre did not meet service quality expectations in a number of areas, and recommended improvements in areas such as individual service and behaviour intervention plans for clients, programs and routines, client communication, staff supervision and training, and a range of other areas.

With regard to funding and service consideration, the review found that the combination of growth in service size and the complexity and mix of clients and their needs had contributed to a low level of service quality. To address this issue, The Centre has been directed to reconfigure its accommodation services by reducing the number of service outlets by 20 per cent. The department is also arranging for an independent financial audit of The Centre going back to 2001-02, to ensure that funding allocations have been appropriately directed and used.

I emphasise that, as with all funded services, The Centre's accounts are independently audited every year. However, in light of some of the allegations made, the department feels that a further detailed audit of recent financial use is necessary. On stakeholder issues, the review found instances of poor co-operation, liaison, and communication, particularly with families. I can advise that the director-general of the department has met three times with the president and members of the board of The Centre, most recently on 7 September, when the final draft of the review was discussed.

The department and the management of The Centre are committed to working together to ensure the ongoing provision of quality support services. This includes the development by management of a service delivery improvement plan by the end of this month. I can advise that The Centre has contracted Mr Roger West, a former Community Services Commissioner, to assist it in preparing and implementing the strategic plan.

The Centre is required to provide the department with monthly progress reports, and the performance of The Centre will be fully reassessed in six months. I wish to make it clear that if The Centre does not achieve the required reforms within six months, consideration will be given to the service being re-auspiced. The Centre is also required to send regular progress reports to all stakeholders, particularly families. New DADAHC client referrals will be embargoed until shortcomings in service quality have been addressed. I can also advise that the Department of Community Services will not increase its client numbers at The Centre.

The findings of the review have led to some serious recommendations for change. However, I must acknowledge that The Centre has already taken major steps towards improvement. I can report that progress to date includes the employment of a human resources officer, the development of improved processes, particularly focused on staff induction, training and supervision, and individual planning for clients around programs and routines. In addition, I can advise that departmental officers involved in the review are liaising with officers from the Ombudsman's Office, which is conducting a review of the care being provided to eight clients of The Centre. I am advised that the Ombudsman's Office is undertaking its reviews as part of its regular monitoring of young people.

The Hon. Dr ARTHUR CHESTERFIELD-EVANS: My question without notice is directed to the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth. Is it true that there were 36 children in detention in Villawood detention centre on 25 August? If so, how many are there now? Is the State likely to be responsible for treating mental health outcomes of interned children when they are granted asylum? Is it not the case that most detainees are granted asylum, and hence their long-term mental state is the direct concern of New South Wales? If so, what is New South Wales doing to be sure that the mental health and education of these child prisoners is optimum? What is the nature of the agreement with the Commonwealth for internees? Why is the State not responsible for the health and welfare of children interned in New South Wales? Is there a Solicitor General's opinion on this? Can it be made public, and if not, why not?

The Hon. CARMEL TEBBUTT: I thank the Hon. Dr Arthur Chesterfield-Evans for his question. I acknowledge that this is an area in which he has an ongoing and genuine interest, but it is just not possible for me to know how many children are in detention at the Villawood Immigration Detention Centre on any particular date. It is simply not my responsibility. As I have said previously, the Department of Community Services [DOCS] responds to reports concerning the welfare of children in detention and has done so on many occasions, but the House needs to note that DOCS caseworkers cannot simply turn up and demand entry to the facility; they require consent to enter and to make an assessment of a child's welfare.

Of course, the detention centre is operated on behalf of the Commonwealth Department of Immigration, Multicultural and Indigenous Affairs [DIMIA], and where Commonwealth legislation deals with the situation, there are limitations on what this State can do. The care and welfare of detainees at the Villawood Immigration Detention Centre is the primary responsibility of the Commonwealth Government. But, as I have said, if a child who is in detention is reported to be at risk, the Department of Community Services assesses that report according to usual criteria for assessing reports, and it responds to reports of children at risk.

If an assessment includes recommendations to the Commonwealth department, it is up to the Commonwealth department to decide whether to implement those recommendations. My understanding is that there has been no formal response by the Department of Immigration, Multicultural and Indigenous Affairs to recommendations of DOCS, but I am informed that some of the recommendations in relation to the children in question have been implemented.

It is certainly my recollection that there is both New South Wales Crown Solicitor and Solicitor General advice about the primacy of Commonwealth legislation and the powers of State child protection agencies for children in detention. Whether there are reasons why that information cannot be made publicly available, I cannot comment, but I am happy to consider the honourable member's request with regard to that and come back to him.

The Department of Community Services is attempting to negotiate a memorandum of understanding [MOU] with the Commonwealth Department of Immigration, Multicultural and Indigenous Affairs on the provision of child protection services in immigration detention centres, but there remains a substantial difference between DOCS and DIMIA with respect to the draft MOU, and DOCS will continue its discussions with DIMIA in an attempt to resolve these issues.

The Hon. Duncan Gay: How many acronyms can be put into one sentence?

The Hon. CARMEL TEBBUTT: I think the acronyms DOCS and DIMIA are fairly well known. If they are not, I am happy to explain them for the Deputy Leader of the Opposition. With regard to the other issues that the honourable member raised, mental health issues are not the responsibility of the Department of Community Services. Nonetheless, the Department of Community Services and the Department of Health co-operate and co-ordinate reviews of children who have been reported as being at risk within the Villawood Immigration Detention Centre.

The Hon. Dr ARTHUR CHESTERFIELD-EVANS: I ask a supplementary question. Minister, the memorandum of understanding with the Commonwealth was mentioned in this House quite some time ago. It is disappointing that it has not yet been produced. Can you inform the House when the memorandum of understanding with the Commonwealth will be signed, or why it is taking so long?

The Hon. CARMEL TEBBUTT: I think it would be a braver person than I who would predict how long it would take the State department and the Commonwealth department to negotiate a memorandum of understanding. There are differences. The two departments are continuing discussions to try to resolve those differences, and I could not predict how long it would take. Nonetheless, it is certainly the case that in the absence of an MOU there are operational procedures regarding reports of concern about children at risk in Villawood that, on the whole, are largely supported by both the Villawood Immigration Detention Centre and the Department of Community Services.
The Hon. MELINDA PAVEY: My question without notice is directed to the Minister for Transport Services, Minister for the Hunter, and Minister Assisting the Minister for State Development. In light of the PricewaterhouseCoopers' feasibility study finding that the Casino to Murwillumbah rail line can be reopened within one month, and in light of the Minister's earlier statements, is the Minister's failure to accept the money being offered by the Federal Government a reflection of his Sydney-centric attitude that was evident when the Minister told the Australian Rail Summit on 28 July, "The urban rail system is where we are focused"?

The Hon. MICHAEL COSTA: I am glad this question was asked because I was expecting the Leader of the Opposition to ask me a supplementary question, given that I was in the process of explaining the hypocrisy of the Coalition in relation to the Casino to Murwillumbah line. We all remember members of the Coalition day after day in the House berating the Government because of cuts that occurred as a result of the Grants Commission process. We had to make some very difficult decisions—and we admitted at the time they were difficult decisions—on a range of budgetary matters, and one of those happened to be the Casino to Murwillumbah rail link.

Members of the Coalition berated us and they told us how important the rail link was. In fact, I remember one member interjecting that two seats would be lost, and members of the Coalition were smiling about the fact that we had made this decision, which, given the circumstances, was a responsible decision that was completely justified by the circumstances.

But circumstances have changed. The Coalition ought to know that the Federal Leader of the Opposition made an offer to the New South Wales Government to provide funding for the rail link. That funding was appropriate to the task, not an attempt at a cheap stunt. The problem with the Coalition is that it has been caught out. It tried to manipulate a circumstance created by its own ineffectiveness in dealing with matters to do with rail infrastructure, and it decided to commission a $50,000 report. It thought, "We will commission this $50,000 report and we will be able to run around telling people that we are committed to reopening the rail line because we have commissioned this $50,000 report".

Everybody knows that that independent report was prepared by PriceWaterhouseCoopers. If I remember rightly, that is the organisation the Leader of the Opposition in the lower House used to work for, so I can assume how independent it would have been. But, that aside, the fact of the matter is that the Coalition tried a political stunt to commission this $50,000 report.

The Hon. Rick Colless: Who does Stephen Loosley work for?

The Hon. MICHAEL COSTA: I hold that anybody who works for an organisation that produces ratty reports like this one ought to reconsider his or her position.

The PRESIDENT: Order! I call the Hon. Melinda Pavey to order for the first time.

The Hon. MICHAEL COSTA: The fact of the matter is that a $50,000 report was commissioned, and anybody who understands the complexity involved in making such an assessment, particularly by an organisation that does not have access to records and information, would know that $50,000 is grossly inadequate for such a study. But I will look, with interest, at the report. I think the Hon. Melinda Pavey has seen it. Can I have a copy of the report so I can assess it? Do you have a copy? You do not have a copy!

The Hon. Melinda Pavey: I do.

The Hon. MICHAEL COSTA: Can I have a copy so I can get it properly assessed?

The Hon. Melinda Pavey: If you are nice.

The Hon. MICHAEL COSTA: No, I cannot have a copy! Clearly it is a stunt.

The Hon. Michael Egan: It can be tabled under Standing Order 52.

The Hon. MICHAEL COSTA: Standing Order 52—is that possible? No, I do not think it is possible; it is not a Government report. It is a political report not a Government report. It is a stunt to try to get members of the Coalition off the hook because they have been exposed for being hypocrites on the question of rail.
The Hon. TONY CATANZARITI: My question without notice is directed to the Minister for Primary Industries. What action has the State Government now taken to prevent an Irish supertrawler from seeking permission to fish off the New South Wales South Coast? Has the Minister heard back from the Federal Government on the issue?

The Hon. IAN MACDONALD: I thank the honourable member for his timely question. In fact, there have been some very important developments on this issue since I first brought it to the attention of the House two weeks ago. As honourable members will recall, commercial, recreational and indigenous fishers on the South Coast have been deeply disturbed by persistent reports that a supertrawler, the Veronica, could soon arrive to fish on their doorstep. The potential of this so-called fish factory to decimate valuable fish stocks in Commonwealth waters is beyond doubt. In the interests of protecting South Coast fishing industries and jobs, I have been fighting for clarification from the Commonwealth Government on whether it would ever allow this vessel access to our resources.

I wrote to my Federal counterpart, Senator Ian Macdonald, on 2 September asking him to make his position clear. I received a letter in response on 8 September, which is a pretty rapid turnaround for the Federal Government. It must be worried about something to respond to my letter of 2 September by 8 September. However, the reply failed to answer the critical question, which is: will the Federal Government ban this boat from ever fishing in Australian waters? Last week I visited the South Coast and met with commercial, indigenous and recreational fishers, who expressed their growing disgust with the Coalition over this issue. I gave them a guarantee that New South Wales, for its part, would black-ban the Veronica from fishing in State waters. I am pleased to inform the House that the ban, implemented under section 8 of the Fisheries Management Act with respect to fishing closure, came into effect last Friday. I also note the support of the South Australian Government and the Federal Labor Opposition, which both have loudly voiced their concerns.

Essentially, the New South Wales ban sends a clear message to South Coast fishers that we are backing them in this fight but we have not lost sight of the fact that our own measures will not be sufficient to stop this monstrosity from devastating our fish stocks. The fact remains that the pelagic stocks that could be targeted by this trawler—the Jack mackerel, blue mackerel, yellowtail scad and redbait, amongst others—are largely found in Commonwealth waters. Only the Federal Government can act to avert this disaster, and it must immediately do so. The longer the Coalition sits on the fence, the more it seems likely that this boat is heading in our direction.

I want to make note of fresh reports in the Sydney Morning Herald on Saturday, Monday and today, which are ominous indeed. According to the reports, the Veronica's owners have recruited at least 10 Australian crew and flown them overseas to join the ship. The reports also claim that the owners have purchased a licence to fish mackerel off the New South Wales coast, paying several times the market value for the licence. To top it all off, we read that barely a month ago the owner of the Veronica attended the annual fishing industry cocktail party at Parliament House in Canberra, telling all and sundry that his plans would be a boost for our "underdeveloped fishery". These reports are outrageous. The Coalition cannot sweep this issue under the carpet any longer and should be ashamed of its inaction so far. The Leader of The Nationals stands condemned for his silence on this issue. He should support the recreational, commercial and indigenous fishers of the South Coast. I am happy for all honourable members to read my letter if they wish. Indeed, I table it.

Document tabled.

What is the Deputy Leader of the Opposition afraid of? He is afraid that his Federal colleagues on the South Coast will take a battering in four weeks at the polling booths if this issue is not resolved. He should speak out today. [Time expired.]

The Hon. TONY CATANZARITI: I ask a supplementary question. Would the Minister please elucidate on his answer?

The Hon. IAN MACDONALD: I ask the Deputy Leader of the Opposition to stand up for fishing interests along the coast. I know that the Hon. Jennifer Gardiner has done so on many occasions, but the Deputy Leader of the Opposition has been silent on this. We cannot have a 106-metre monster fishing trawler in this State when the average length of a New South Wales trawler is around 19 metres. We cannot have that sort of fishing effort off our coast. We must stop this and the Federal Government should inform Mr Kevin McHugh, the Irish billionaire who owns the boat, and his partners in Australia of that decision. I understand that Mr Jeffriess from the tuna industry may be involved and that there may be other partners. Why can the Federal Minister not make a decision to stop this boat coming to our shores and ruining our fisheries? We want sustainable fisheries on our coast, not fisheries that will be destroyed by a fishing trawler that is capable of catching, per year, somewhere between 60,000 tonnes and 100,000 tonnes.

The Hon. Dr PETER WONG: My question without notice is directed to the Minister for Community Services. Can the Minister inform the House why her department did not make a submission or give evidence to the Senate Community Affairs References Committee Inquiry into Children in Institutional Care? With regard to recommendation 2 of the report, will the Minister now apologise for the physical, psychological and social harm caused to children in institutional care administered by her department?

The Hon. CARMEL TEBBUTT: I am sure that no-one could fail to be moved by what came out of the Senate inquiry report on children in institutional care, particularly the footage of the announcement of the Senate inquiry report. I, like many others, have not seen many parliamentary inquiry reports greeted by those affected by the subject matter in the way that that Senate inquiry report was greeted. There is no doubt that such reports are critical. They expose historical practices and inform us of the impacts that past models of institutional care have had on children and young people.

On a number of occasions I have personally met with representatives of the Care Leavers of Australia Network [CLAN]. I am pleased that this report gives them the opportunity to make their stories public. I congratulate CLAN on its efforts to bring the Senate inquiry report to fruition. CLAN was instrumental in getting the Senate to agree to take up the issue. I extend sympathy to all those who suffered past abuse while in institutional care and I acknowledge their courage in participating in the Senate inquiry. I assure the House that the report's recommendations will be carefully considered. The issue of an apology is not one for me alone, but I will make a recommendation to Cabinet for a response to that issue and will be happy to report back to the House at the appropriate time.

I reassure the House also that practices have changed significantly, in both New South Wales and other States. Certainly, the days of large institutions for children in out-of-home-care are well and truly over. Since the mid-1990s New South Wales has moved towards placing children and young people at risk within foster homes, with relatives or within small residential care services. The focus is on the individual needs of children and young people in out-of-home-care and the Government's commitment to improving services for children and young people is demonstrated by the $613 million we are spending up to 2007-08 to develop and implement new out-of-home-care placements and support services in New South Wales.

This is a major injection of funding, but a range of other important initiatives have resulted, and will continue to result, in improvements in the New South Wales care system, including the establishment of the Children's Guardian and the Department of Community Services complaints, assessment and review branch to assess allegations against staff and carers concerning children and young people in care. This report is extremely important and I will be happy to come back to the honourable member when the Government and Cabinet have had the opportunity to fully consider the recommendations in the report.

The Hon. JOHN RYAN: My question without notice is addressed to the Minister for Disability Services. Has the Department of Ageing, Disability and Home Care discontinued funding to Margaret House, a weekday respite service operated by the St Vincent de Paul Society in Gymea? Has the department also failed to finalise alternative accommodation for the five residents who previously used this service? Does information held by the department indicate that up to 150 people in the St George and Sutherland area require access to respite services but do not have it? Why will the Minister not allow Margaret House to remain open, given the shocking level of unmet need for respite services in this area?

The Hon. CARMEL TEBBUTT: The Department of Ageing, Disability and Home Care [DADAHC] recurrently funds the St Vincent de Paul Society for a weekend respite service for children at Margaret House. Since March 2001 Margaret House has also been funded on an interim basis to provide weekday respite for some adults who would return home at weekends. Recently, the St Vincent de Paul Society was advised that the department was sourcing permanent accommodation options for the four current service users, as they were increasingly unable to return home at weekends. This is consistent with the Government's commitment to finding stable long-term accommodation for people with a disability.

The department advised the society that funding would need to be reduced accordingly, from the funding for six clients to funding for four clients. Consequently, I understand that the management committee of Margaret House made a decision to close the service on 27 August 2004. I have been advised that alternative placements are being found for the four service users of Margaret House, and DADHC continues to work with those clients and their families to ensure that they are receiving suitable support.

The Hon. PETER PRIMROSE: My question without notice is directed to the Minister for Industrial Relations. Will the Minister outline recent initiatives that educate young people about their rights and responsibilities under New South Wales industrial laws?

The Hon. JOHN DELLA BOSCA: I draw the attention of honourable members to the Penrith Students Forum and the work of the local member, Karyn Paluzzano, which has brought great benefits for young employees in Western Sydney. The House will agree that Karyn is an outstanding local member, and today I highlight her role in initiating an important event in her community. The member for Penrith, in becoming aware of the workplace services provided by the New South Wales Office of Industrial Relations and WorkCover, invited its representatives to contribute to an important series of events called the Penrith Students Forum.

The Penrith Students Forum brought together students from local schools to provide information sessions and seminars on a range of topics that are important to young people. Last month, as part of the forum's series of ongoing events, Nepean High School hosted a day called Youth at the Workplace. This event was proudly sponsored by the Office of Industrial Relations, WorkCover and the Labor Council of New South Wales. Forty student representatives were present at the forum, which focused on employment issues such as workplace rights, and occupational health and safety issues. Expert advisers from the Office of Industrial Relations and WorkCover presented information sessions on employment issues to a large group of students.

In addition, a number of brochures and publications with relevant employment-related information were also distributed. One of these is the very successful "Starting Work? Know Your Legal Rights" publication—a plain English booklet developed specifically for young people entering the workplace for the first time. This publication gives young employees not only an understanding of what their rights are in the workplace, for example explaining that unpaid trial work is illegal, but also illustrates their own obligations to an employer. The New South Wales Government takes compliance with industrial relations legislation very seriously, but equally important is the provision of educational tools for both employees and employers to know where they stand in the employment relationship. It is our experience that most employees and employers want to do the right thing. However, making them aware of their obligations and responsibilities is perhaps the most important and challenging part of the compliance strategy.

The Hon. Catherine Cusack: Like telling them to join a union.

The Hon. JOHN DELLA BOSCA: That would be good advice, but this is about their industrial rights. Young employees, due to their lack of experience, may be unaware of their correct rates of pay or not understand that unpaid trial work is illegal, for example. That is why initiatives such as the Penrith Students Forum, with expert assistance from the Office of Industrial Relations and WorkCover, are essential for ensuring that young workers and the community understand their rights and obligations. I commend to the House the work of the member for Penrith and the students of Nepean High School, and the contributions made by the Office of Industrial Relations, WorkCover and the Labor Council.

Mr IAN COHEN: My question is addressed to the Minister for Transport Services in his capacity as the Minister responsible for ports. Given the concerns expressed by the New South Wales fishing industry about the possible commercial fishing operations of the MV Veronica off the New South Wales South Coast and the damaging precedent such supertrawlers could set for future sustainable fishing in our territorial waters, will the Minister act in the best interests of a sustainable fishing industry in New South Wales and ban any fishing vessels over 32 metres in size from docking at New South Wales ports, except in cases of maritime emergency?
The Hon. MICHAEL COSTA: The honourable member should know that we cannot ban ships from visiting our ports simply because we do not like their activities. If that were the principle—

The Hon. Duncan Gay: That's not what the Hon. Ian Macdonald said.

The Hon. MICHAEL COSTA: Hang on! This is the legal position: Ships of all nations enjoy the right to innocent passage through territorial waters.

The Hon. Ian Macdonald: There are two separate issues.

The Hon. MICHAEL COSTA: That is right. There are two separate issues here: one is the right to fish, and the other is the right of a vessel to come into our ports or to have passage through our territorial waters. So there is no confusion here. I am advised that the right of passage is enshrined in the United Nations Convention on the Law of the Sea. It applies equally to a boat that I would like to ban—that is, the Greenpeace Rainbow Warrior—or a CSIRO research vessel or a fishing trawler. But, given that we have a system that allows boats to come in and out of our ports, we cannot make a personal choice about what vessels are banned.

I am advised that harbourmasters may prohibit a vessel from entering a port if there is reasonable cause to believe that there is an imminent danger of the vessel sinking in the port, causing an obstruction to navigation or causing serious damage to the marine environment or property of the port. This is on top of the general power of a harbourmaster to direct the time and manner in which any vessel may enter or leave a port. That means that we cannot ban a ship from entering a New South Wales port without a sound reason. That is the principle that we apply. We will not ban vessels simply because we do not like how their operators use them. That is not the principle that applies in international law. If the issue is about fishing it should be directed specifically at the question of fishing.

Mr IAN COHEN: I ask a supplementary question. Given the welcome support of the Minister for Primary Industries for the State's sustainable fishing industry in the form of a ban on the MV Veronica fishing in New South Wales waters, and given that historically a former Victorian Premier, Mr Cain, banned nuclear-powered ships from Victorian harbours, does that establish a precedent allowing the Minister to ban the ship? Surely, unsustainable fishing practices is one reason to ban a ship, as clearly espoused by a former Victorian Premier.

The Hon. MICHAEL COSTA: I do not understand why the honourable member does not understand the distinction between the two responses. One relates to the commercial exploitation of a fishing resource and the other relates to a vessel entering territorial waters under legitimate international protection. In this case the harbourmaster has the authority and requires some understanding of the circumstances that pertain to the conditions I talked about. That is, the vessel has to be in imminent danger of sinking, thereby being a hazard to the port or causing navigational obstruction, or it has the potential to bring serious damage to the marine environment or the property of the port. As to the reference to John Cain banning nuclear vessels, that is John Cain's position, and I certainly would not have taken it.

The Hon. CATHERINE CUSACK: My question is directed to the Minister for Commerce. Did the Minister inform the House on 28 June that WorkCover's Tweed Heads office closed following the expiry of its lease in March and that this office would be temporarily relocated at Lismore? Has a date been finalised for the reestablishment of a WorkCover office at Tweed Heads? If so, what is the date? If not, what evidence can the Minister provide to support his assurance to the House that WorkCover is searching for office space in Tweed Heads?

The Hon. JOHN DELLA BOSCA: WorkCover vacated the office space used by its sole inspector at Tweed Heads at the end of a lease that expired in March this year. It sought suitable alternative accommodation at Tweed Heads in the premises of other government departments, but the space on offer at the time was not suitable to its requirements. WorkCover is currently finalising negotiations regarding the leasing of a new office in the Tweed to accommodate the inspector. WorkCover advises me that the office has been temporarily relocated, as I have already disclosed to the House, to its Lismore office. This will not reduce WorkCover's services either in the interim or in the long term in the Tweed Heads area. The inspector already spends most of his time in the field and will continue to do so. Currently, the Lismore office provides significant support to assist him in his work.
The Hon. CATHERINE CUSACK: I ask a supplementary question. What is the address of the office for which WorkCover is currently finalising a new lease?

The Hon. JOHN DELLA BOSCA: I think I said that WorkCover is currently finalising negotiations. If there is any further detail I can make available to the honourable member, I certainly will do so at the earliest practical occasion.

The Hon. AMANDA FAZIO: My question is directed to the Minister for Community Services. Given that this week is Foster Care Week, will the Minister update the House on the support the Department of Community Services provides to foster carers?

The Hon. CARMEL TEBBUTT: As the honourable member said, this week is Foster Care Week. It is an opportunity for everyone in the Chamber to celebrate the commitment and dedication foster carers show to children and young people in New South Wales and the difference they make to the lives of those who are unable to live with their families. Once again, on Sunday I had the opportunity to attend the foster carers picnic at Parramatta, to mix with foster carers and to hear some of their issues. The value of foster care in our community should never be underestimated. We know that children do best when they grow up in families that love and nurture them. For some children, if this is not possible within their own family, a foster family can provide that opportunity for love, stability and security.

Foster care gives children an opportunity to receive what every child needs and what many of us take for granted; that is, a family that provides all things necessary for healthy development, as well as love and support. Foster Care Week is held each year to promote foster care. It provides an opportunity to celebrate and to say thank you to foster carers, but it is also an opportunity to raise awareness about foster care and to encourage others in the community to come forward and offer themselves to undertake fostering. Like the children they care for, foster carers also need to be nurtured and supported. No doubt being a foster carer is enormously rewarding, when you have an opportunity to see the life of an individual child or young person turned around because of the support you and your family have been able to offer that child. It is also very challenging. Foster carers often take children with high support needs who have had a fairly horrendous background. That can pose real challenges for foster carers.

Over the next few years the Government will continue its efforts to improve the support and services that foster carers receive, along with the children and young people in their care. One of the main things being done with the more than $600 million of extra funding going to out-of-home care as part of our five-year strategic plan is to add 150 new Department of Community Services [DOCS] caseworkers to help deliver better support for carers and better services to the children and young people in their care. The first group of these caseworkers will specifically focus on providing intensive support services to children and young people with high and complex needs. The second group will focus on recruiting, training and supporting foster carers. The second group will enable the establishment of carer support teams to ensure ongoing support for carers and help to improve the stability of placements.

DOCS caseworkers linked to the support teams will focus on recruiting, training, assessing and supporting foster carers and kinship carers. The carer teams will maintain close contact with foster carers in the early days to ensure they are supported when they most need it. Experienced carers will benefit from increased training provided by the teams as well as group activities that will offer mutual support. Tools are being developed to facilitate carer training and assessment. While it is often said that foster carers are unsung heroes, they are ordinary people doing an extraordinary job. One of the things that foster carers reiterated to me on Sunday was that the opportunity for group activities that involves mutual support was really important. The types of things that foster carers experience with regard to their children are often quite different from what other parents experience with their children.

Under the DOCS reform package, caseworkers will be linked with new carer support teams to increase assistance to children and young people in care and their carers. The aim of these support teams is to help to make placements more secure and to increase carers' confidence and skills. Planning for the teams is in progress, with details to be finalised in the near future. I look forward to keeping the House updated.
Ms SYLVIA HALE: I direct my question to the Special Minister for State, and Minister for the Central Coast. Given that in July 2003 the Minister met with residents from residential parks on the Central Coast who brought to his attention the problem of unscrupulous park operators evicting park residents without adequate compensation, and that at that meeting residents asked him what the Government had done to honour the Premier's 2003 pre-election promise—namely, "to secure the future for residential park residents"—what has the Minister done since to stop park residents on the Central Coast being victimised?

The Hon. JOHN DELLA BOSCA: I recall that meeting and a fair bit of the detail the honourable member has disclosed in her question. However, I recall I indicated to the residents at the time that I would make these representations directly to the responsible Minister, the Hon. Diane Beamer, and I will obtain an answer from her that will detail the matters the honourable member has asked about.

Ms SYLVIA HALE: I ask the Minister a supplementary question. Since that meeting, has the Minister spoken to the Minister for Fair Trading about the review of the Residential Parks Act to ensure the Act is amended in three ways: to force operators to pay adequate compensation, before and not after, residents are evicted; to force park operators to divulge correct and comprehensive information about possible plans to close or redevelop a park; and to implement an independent process of valuation in cases where park operators purchase the assets of residents?

The Hon. JOHN DELLA BOSCA: I do not recall that they are the specific matters put to me at that meeting. I will check my notes. I simply indicate, as I said in my answer to the substantive question, I will seek an answer from the relevant Minister. For the supplementary question, it is the Hon. Reba Meagher. For the original question it is the Hon. Diane Beamer.

The Hon. MICHAEL EGAN: If honourable members have further questions, they might like to place them on notice.

Questions without notice concluded.

The Hon. TONY KELLY (Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister for Lands) [4.01 p.m.]: I move:

That this House do now adjourn.

The Hon. AMANDA FAZIO [4.01 p.m.]: On Saturday 4 September I had the pleasure of representing the Minister for Emergency Services at the presentation of national medals and clasps to Rural Fire Service volunteers in the Yass Valley, Upper Lachlan and Greater Argyle districts. The presentation ceremony, which was held at the Yass fire control centre, was attended by about 100 family members, friends and colleagues of the volunteers receiving the awards. It was a cold day and some much-needed rain fell, which would have helped the local farmers. Representing the Rural Fire Service were Assistant Commissioner Keith Harrup; Superintendent Ken Hall, Operations Manager South; Superintendent Adrian Carey, Zone Manager; and Superintendent Bruce Arthur and Inspector Jim Lomas, both from Lake George.

National medals and clasps are awarded to mark the years of service and in recognition of the outstanding commitment of the members of the Rural Fire Service to the people of New South Wales. The hard work, dedication, skills and achievements of these volunteers are essential to the provision of emergency services throughout New South Wales. Whether it is fighting fires, attending motor vehicle accidents, assisting in other emergencies, educating their communities about fire safety or providing bushfire management services, the dedication of the volunteers is a credit to them and to their brigades. The medal recipients had between 32 and 50 years of service in the Rural Fire Service.

Tony Walker was awarded the National Medal and first, second and third clasps for his 50 years of service. He joined the Rural Fire Service in 1953—although he had been involved prior to that time—and has served as a volunteer and captain and is presently a group captain in Yass Valley shire. Over a 50-year period he has supported the operational needs in out-of-area assistance and local firefighting activities and his efforts during the 2003 fires deserve recognition. William Grace was awarded the National Medal and first, second and third clasps for his 49 years of service. Bill joined the Rural Fire Service in 1955 and has held administrative and field positions in the brigade system over the years. He recently retired as group captain and now supports the system as a fire tower operator and in operational support in the fire control centre. During the 2003 fires he served as an operational and communications member in the incident management team.

Peter Cathles was awarded the National Medal and first, second and third clasps for his 46 years of service. Peter joined the Rural Fire Service in 1958 and has served in the positions of honorary deputy fire control officer and group captain. He presently holds the position of senior group captain in Yass Valley shire. During this period he has used his expertise in the areas of operational management and aerial ignition. During the 2003 fires his skills were of great value. Max Hedges was awarded the National Medal and the first clasp. Max joined the Rural Fire Service in 1972. Over 31 years he has held field positions of captain and senior deputy captain and has recently stood down from the position of group captain. He has played a very active role in out-of-area assistance throughout the State, and his group leader ability was very evident during the 2003 fires.

Tony Crossing was awarded the National Medal and the first, second and third clasps. Tony has been an active member of the Rural Fire Service for 49 years. He has held the position of captain and is presently a group captain in the Yass Valley shire. During his years of active duty he has supported the service in the operational field and has also been actively involved in emergency rescue. Unfortunately, due to the illness of some of his family members he was not able to attend the presentation. Despite their long service, most of these volunteers are still active in the Rural Fire Service and are working hard to assist and protect their local communities. All those present at the ceremony were very generous in their praise of the work of these volunteers, and I was proud to congratulate them and thank them on behalf of their local communities and the State Government.

On my way home from the presentation I witnessed a practical example of the great work that is undertaken by such volunteers. I came across a dreadful car accident, which involved about eight cars, at the junction of the Federal and Hume highways. There was only one lane open to north-bound traffic and the temperature was about five degrees. Volunteers from the State Emergency Service and the Rural Fire Service managed the traffic flows, ensured that traffic delays were minimal and, together with ambulance staff, tended to those in the crashed vehicles. I was reminded of the hard work and dedication of all the volunteers in rural communities who turn out, rain, hail or shine, to assist when needed. We owe these volunteers our gratitude. Once again I commend all members of the Rural Fire Service across New South Wales for the duties they perform. Those members, almost all of whom serve as volunteers, perform a vital job in protecting and supporting their local communities. The presentation of the national medals and clasps was a good opportunity to recognise their efforts.

The Hon. ROBYN PARKER [4.06 p.m.]: Last week the Premier was forced to apologise after dismissing the actions of protestors outside a State Cabinet meeting held in Wollongong. On his arrival he was faced with protestors, people in wheelchairs and others, carrying banners stating, "Not happy Carmel". They were protesting against changes to funding for disability programs. The Premier apparently said that such a protest would not have taken place in Newcastle—perhaps thinking the rally was akin to a demonstration in the 1960s. In fact, it did happen in Newcastle. Just because the Premier was not present does not mean it did not happen. Numerous protest rallies have been held in Newcastle, and I have with me some photographs of those who attended them.

Many people are outraged about the changes to funding for disability programs. Newcastle people have protested and will continue to protest whilst ever these changes are in force. A great many families will feel the impact of the Government's proposed changes to funding for disability programs. The parents of children with disabilities will suffer from the changes. For some it will be the straw that breaks the camel's back. The cuts to funding for the Post School Options and Adult Training, Learning and Support [ATLAS] programs will have an adverse impact on children and young adults with disabilities. Their hours in these programs will be reduced and many of the programs will cease because of inadequate funding and staffing to provide the services. I refer to activities such as those provided by Sailability Belmont 16s, which is hosting a national and international regatta during the October long weekend.
Recently I was delighted to attend a launch of the regatta. Sailability provides an outstanding program for people with disabilities. Its slogan is "Freedom on the Water Regardless of Ability". People in wheelchairs are able to go sailing in modified vessels and compete in competitions where age and disability are not a barrier. This fantastic program is run by volunteers. Every Friday on Lake Macquarie Sailability provides activities for people with disabilities, some of whom are in the ATLAS program. In future they may not be able to participate because of a reduction in the number of ATLAS staff, who have taken these people to Belmont each week. I was delighted to attend the launch in support of Sailability Belmont 16s and its programs.

I was also pleased with the assistance offered by the Federal Government for the regatta. Sailability Belmont 16s needed a new pontoon that would provide easy access for the participants in the regatta. Despite commitments made by the State local member to provide assistance, nothing was forthcoming from the State Government and it seemed that the regatta would not take place or would proceed in difficult circumstances. The Federal Government provided assistance through the services of local Army engineers to construct a pontoon. It is a win-win situation: The new pontoon will contribute to the success of the regatta and enhance the skills of Army personnel. Fortunately, the Federal Government leapt in, took the initiative and offered assistance, which was not forthcoming from the State Government.

I wonder about the State Government's commitment to people with disabilities. I know many families who are very concerned about the changes to PSO and ATLAS. Not only parents but also staff, who are worried about losing their jobs, have written to us in droves about their concerns. For example, Jennie, whom I have met, has epilepsy and cerebral palsy but she is currently able to participate in programs four days a week. It seems that those programs may be cut to two days a week. The reduction in hours will impact greatly on parents. It reminds me of the saying, "Walk a mile in someone else's shoes". I try to empathise with these families, but I have not walked even a centimetre in their shoes. They should be receiving more support, not less support. The Government needs to lift its game and reinstate the funding. [Time expired.]

Ms SYLVIA HALE [4.11 p.m.]: What will prompt this Government to take action to alleviate the serious problems caused by the high cost of insurance? People are hurting. Ordinary people, small businesses, sports clubs and all kinds of not-for-profit and community organisations need affordable insurance. On 2 September I went outside to Macquarie Street to speak to a gathering of builders and to listen to their stories. Many of them have small family businesses. They took time out of their working day to travel here to beg this Government to listen to them. Why? They did so because the high cost of home warranty, public liability and workers compensation insurance is devastating their industry.

In startling contrast, at the crossbench briefing today we heard from Insurance Australia Group [IAG] that last financial year it posted its largest profit ever. The Greens appreciate IAG's community care risk management support policy and its environmental programs. Indeed, I congratulate IAG on its leadership in the corporate sector in coming out publicly to tackle the impacts of climate change on the economy and the environment. The Greens question the Government's priorities when one of the biggest corporations in the State is boasting its most profitable year when small business and not-for-profit organisations have gone to the wall because of the lack of affordable insurance. Where are this Government's priorities? Unlike the Labor and Liberal parties, with their donor mates at the big end of town, the Greens have always believed it is crucial to have policies that support small business and community organisations before multinational corporations.

This morning at the crossbench briefing IAG told honourable members that it had recently started selling home warranty insurance. In the first three months it was on offer the company had apparently sold only 100 policies. Its representatives did not speculate about why they had attracted so few clients when small builders and home owners are desperate to get the insurance cover they need. However, one can speculate that the cover being offered by insurers is not providing builders with the cover that they need, nor is it covering home owners with the insurance that is essential to protect them against dodgy or incomplete work.

The Greens urge the New South Wales Government to introduce a State-owned and run insurance scheme like the one that operates in Queensland. The Queensland scheme operates at a fraction of the cost of the New South Wales system. The Queensland Government underwrites home warranty risk, and the Building Services Authority regulates the industry and has overall responsibility for licensing, dispute management and home warranty insurance. Two important features of the Queensland model are the rapid dispute resolution process and the protection given to both consumers and builders. The Australian Consumers Association magazine Choice puts it succinctly:

A Queensland-style system offers much higher levels of protection for consumers as well as being easy to access for builders.

For the lower premiums that Queenslanders pay, they get much more comprehensive insurance than people in other States. It is the only scheme in Australia that compensates for subsidence and settlement, and it is a first-resort scheme. Consumers have access to the insurance if the builder fails to comply or rectify defective work, even if he is still trading, unlike in New South Wales where access is available only if the builder is dead, insolvent or has disappeared. Queensland's home warranty insurance premiums are well below those of New South Wales. I urge the Government to listen to the concerns of the home owners and small builders across New South Wales, and to make changes to the existing legislation. We need proper inspections to ensure that building works comply with the Building Code of Australia. Builders should be able to choose where they obtain their insurance and they should not be forced to underwrite insurance with their own assets.

The Hon. JAN BURNSWOODS [4.16 p.m.]: On 31 August I had the pleasure of talking to a large group of people from Macquarie Community College. I did so along with the honourable member for Baulkham Hills at the invitation of the Parliamentary Education Section. I have not often had the opportunity to talk to such a visiting group, but I found it very interesting and worthwhile. I think the visitors enjoyed their tour. They certainly asked some very pointed questions about the way that Parliament, its committees and so on operate.

Macquarie Community College plays an incredibly valuable role in northern Sydney, from Chatswood, to Ryde, Eastwood, Carlingford, up to Cherrybrook and Dural and many places in between. It is one of the oldest community colleges in New South Wales, dating from the 1930s, in offering a range of courses, covering hobbies and leisure and a great mix of other activities. It has also played a large role in language education, has traditionally been the provider of adult migrant education services and so on. It is not well known that institutions like Macquarie Community College grew out of schools operated by the Department of Education that until 1945 were called evening continuation schools, and prior to that evening public schools.

They date back to the passage of the Public Instruction Act 1880. They have a very worthwhile 125-year tradition of providing after-hours education. Of course, in the days when many people, particularly working-class people, lacked literacy, evening public schools were required to provide a basic education. As time went by, after-working-hours or after-school-hours education became much more extensive and was based on the idea that everyone should have at least an elementary education, and in most cases a couple of years, if not more, of post-school education.

Language tuition is an important part of Macquarie Community College's curriculum. It provides courses in Cantonese, French, German, Italian, Japanese, Mandarin, Spanish, sign language for the deaf and a variety of special needs areas. Not surprisingly these days, the college offers an enormous range of computer, digital photography and desktop publishing courses. That has been a major curriculum growth area. Those courses are important particularly for older people, mature-age students, women and retired people who did not have a chance to develop those skills during their student days. As I said, the college also provides literacy courses.

Leisure courses range from belly dancing and cake decorating through to Christmas craft, doll making and floral art. The college also offers a range of much more demanding courses, including psychology, counselling, public speaking, photography and video making, pottery, sculpture and so on. I pay tribute to the college and those associated with it who visited Parliament House. I particularly congratulate the chief executive officer, George Papallo, who has played a very important part in the success of this very valuable community college.

The day after that visit we had an unpleasant debate in this House, which was referred to a few days later. I draw honourable members' attention to the continual accusation by Mr Gazal that the Hon. Dr Arthur Chesterfield-Evans is a liar. Madam President, I know that like me you are concerned about this issue. I hope that the honourable member will use the opportunity available to him in this House to defend himself against that allegation. He does not deserve the dirt thrown at him. [Time expired.]

The Hon. CHARLIE LYNN [4.21 p.m.]: On 18 August I had the honour of attending the annual Vietnam Veterans Day memorial service at Campbelltown. The service falls on the anniversary of the Battle of Long Tan. In 1966 the first Australian task force established its Phuoc Tuy operations base at Nui Dat. The Vietcong had achieved dominion in the province and decided to inflict a politically unacceptable defeat on the Australians. Their plan was to lure the Australians from their base by firing recoilless rifles and mortar shells into it. They theorised that the Australians would sweep the area around the base in an attempt to stop the attacks and the Vietcong would ambush the sweeping forces.

On the night of 16-17 August 1966 the Vietcong fired a barrage of shells into Nui Dat, wounding 24 Australians. Prior to this event, the Australians had become aware, from radio intercepts and sightings, that a larger enemy force was operating close to the base. Australian patrols sent out specifically to find the Vietcong had not encountered the force. On 18 August 1966 D Company 6 RAR was patrolling in the area of the Long Tan rubber plantation when the lead platoon encountered a small group of Vietcong who fled, leaving one of their number killed by the Australians. The aggressive patrolling continued until the main body of the Vietcong 275 Regiment was encountered. The Vietcong attacked vigorously with mortar shells, and rifle and machine-gun fire.

An horrific, desperate fire fight ensued, with the Australians being hopelessly outnumbered. But they consolidated their position for the night, and then commenced evacuation of their wounded using the lights from armoured personnel carriers to guide in helicopters. During the night the Vietcong cleared many of their wounded and dead from the battlefield. A number of the wounded Australians lay there all through the long, terrifying night, as the Vietcong moved around them. Morning revealed that the Vietcong force, estimated at 2,500, had been badly mauled. A total of 245 Vietcong bodies were found in the battle area. Eighteen Australians were killed and 24 were wounded. The Battle of Long Tan was an heroic action, and the anniversary of that battle is the most appropriate way to commemorate the service and sacrifice of Vietnam veterans.

The experience of one of my best mates, John Thompson—known affectionately to all his mates as Jethro—is a constant reminder of the price we paid for our Vietnam service. Jethro was hit on 9 May 1967, the date on which Australian troops went to Vietnam. In a recent article Jethro recalled the action, and I quote from the article to provide members with a personal insight into the war. He wrote:

I never liked arming the mines. I would get splitting headaches from the concentration required, the tension and the hot sun. I still have visions of beads of perspiration forming on the forehead of my mate and partner, Butch Carman from Adelaide. It was nervous stuff, arming. The intensity, the concentration, the heat, the helmets, the bulky flak jacket. I remember the morning it happened. We were told we would have to lift our work rate at the horse-shoe, and lay 500 mines a day. To do this we would work in sections doing in turn all the required tasks at some time during the day. My section was given the task of arming the mines first up.

As I was standing there adjusting my jacket I noticed my partner, Ashley Cullin, crouching over a mine in the ground; he had been noticed on earlier occasions arming single-handedly. I thought, "Oh bugger, he's into it already." That's the last thing I remember seeing before flying through the air. All the dust and crap seemed to float down and covered me in very slow motion. My hands were just spewing blood and I could not feel my left leg; actually, it felt as if it was hanging over an edge, dangling.

As I was lying there many guys came over and started to assist the wounded guys. Four of us were on the ground and several others received shrapnel wounds. Ashley was badly lacerated, Ray Deed received a fatal wound in the area of the throat and died later that night. Dennis Brooks received wounds to his leg and died a few days later. I got hit from left to right. Shreds at the high thigh only attached my left leg. My left hand was a mess of fingers hanging all over the place and blood rushing down my arms. I lost all but the thumb and index finger. My right hand was bloody, but not so bad apparently. I only lost a small piece of a finger, but my wrist was badly gouged. My buttocks and right leg were badly lacerated. My left eardrum was perforated. Shrapnel was lodged behind my left ear and above my left eye. It's still there. Abdominally I took a penetrating wound at the base of my flak jacket. This opened me up exposing my intestines. I put my arms up and thought what a bloody mess. I remember the medic trying to get a drip into my arm. Brett Nolan, my Troop Sergeant, was hovering over me trying to stop the blood flow. I asked for a drink because it was so hot. They obviously thought I was going to die anyway so they let me have one. The chopper that flew me to hospital had to land at a fishing village along the way to collect more blood. Apparently I received 51 units. I passed out in the hospital.

I raced to the hospital as soon as I heard that Jethro had been hit. I remember thinking he should have been in a body bag; there was no way he could live. But somehow, miraculously, he did. Jethro recently wrote:

In the early days, I suffered a lot from anxiety and I packed a lot of guilt. But now I'm 57, I've had another 35 good years and it's no good bitching about it. I give full credit to my mates, the medics and the DVA. They have all looked after me well.

Vietnam Veterans Day is a fitting tribute to the soldiers of D Company 6 RAR at Long Tan, Jethro Thompson and all those who served like him, and all our soldiers, sailors, airmen and nurses who so proudly served our country and Vietnam. I am proud to have been one of them. I congratulate the Vietnam Veterans Federation and the Vietnam Veterans Association on holding services throughout Australia on Vietnam Veterans Day.
Mr IAN COHEN [4.26 p.m.]: On a number of occasions in this House I have spoken about the western woodlands of New South Wales. In his "Action for the Environment" statement of 2001 Premier Carr promised that high conservation value areas of woodlands on public land would be protected before the end of 2002. Almost two years later, no decision has been made on the future of this important area. It seems that the Government has a paralysis tick when it comes to this issue. The western woodlands of New South Wales extend from the Queensland border to Victoria. The area will be familiar to honourable members as the wheat and sheep belt of New South Wales, but it was once the woodland belt of New South Wales.

Inside the western woodlands area there are two very important bioregions, known as the Brigalow Belt South and Nandewar, which were once covered by vegetation dominated by temperate woodlands. The remaining woodland remnants in the Brigalow Belt South bioregion—Pilliga, Goonoo and Bebo—support more than 58 threatened fauna species, including more than 100 threatened flora species and eight threatened ecological communities. More than 19 animals are already extinct in the region. The Nandewar bioregion supports 55 threatened fauna species, 33 threatened flora species and 7 endangered ecological communities, and 13 animals are believed to be already extinct in the region. We are losing our glossy black cockatoos, mallee fowl, black-striped wallabies, koalas, regent honeyeaters, turquoise parrots, barking owls, masked owls, eastern pygmy possums and squirrel gliders. But it is a loss not only of our animal species; we are also losing our life support systems. A healthy environment is needed to support healthy rural communities.

New South Wales should be proud to have the largest amount of the fast-depleting woodland left, on public land. Yet, as special and important as these western woodlands are, the Carr Labor Government continues to allow these areas to be depleted by logging, mining, firewood collection and grazing. In addition, the western woodlands are threatened by changed fire regimes, changed hydrology, salinity, and feral animals and weeds. They represent the last relatively intact samples of temperate woodland left in Australia. Although large in size, they are relatively isolated areas in a sea of pasture and cropping. Only 8 per cent of Australia's temperate woodlands remain, and these remnants are in urgent need of adequate protection.

In 1997 the CSIRO advised in its report entitled "A Comprehensive Adequate and Representative Reserve System for the Southern Mallee of NSDW, Principles and Benchmarks" that it was, and remains, necessary to protect at least 20 per cent of each semi-arid ecosystem. In New South Wales our semi-arid ecosystems, between the Great Dividing Range and the Western Division, are grossly under-reserved. The level of protection for these bioregions varies between 0.6 per cent and 2.6 per cent, which means it falls more than 17 per cent short of the 20 per cent requirement. Clearly these bioregions should be the highest priority for the Carr Labor Government, but they are not, and species continue to decline at a disturbing rate.

The Government conducted a two-year resource and conservation assessment in the north-west of the State, in the Brigalow Belt South bioregion. The assessment concluded in 2002 and cost taxpayers $4 million. Although the need for the adequate protection of an extensive list of threatened, unique Australian animals and plants was apparent from the findings of this well-overdue assessment, no action has been taken to protect this fragile environment. Special places that have been earmarked for conservation in the Government's own report continue to be destroyed. The New South Wales Government's inability to make responsible conservation decisions will have a long-lasting impact on the viability of western New South Wales. Its inability to follow recommendations of the CSIRO and other respected bodies seriously impacts upon its credibility.

There has been a significant increase in the population of regional towns like Bathurst, Dubbo, Armidale and Wagga Wagga. A healthy environment for country New South Wales is therefore growing in importance. Let us call it tree change. It is what both government and a burgeoning Sydney population needs. The Carr Labor Government needs to protect natural areas left in western New South Wales to sustain a healthy future. The message is all the more poignant because these threatened species, the bioregions and the woodlands cannot speak up for themselves. We must act for them, and as their custodians we must act responsibly. So far the Government has failed to create a better future for western New South Wales.

As we have seen with the so-called water reform process, the Government has done nothing but condone processes that have negative outcomes for the environment. The Government now has the opportunity to invest in a world-class nature conservation system, new vibrant regional enterprises, a more efficient, sustainable timber industry, and a healthy future for communities west of the Great Dividing Range. The western woodland belt of New South Wales needs the New South Wales Government to act before the loss to that part of the State is beyond restoration. I urge the Government to take a major step towards adequate nature conservation in western New South Wales, starting with some brave decisions for the conservation of the Brigalow Belt South and Nandewar bioregions. If the Government cannot overcome its paralysis, like the old dog it may have to be put down.

Motion agreed to.