883
LEGISLATIVE COUNCIL
MINUTES OF PROCEEDINGS
No. 76
TUESDAY 3 APRIL 2012
Contents
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Meeting of the House ............................................................................................................................... 884
Message from the Legislative Assembly—Retail Trading Amendment Bill 2012 .................................. 884
UIA Annual Seniors Forum (Formal Business) ....................................................................................... 884
Holi Mahotsav (Formal Business) ............................................................................................................ 885
Notices of Motions ................................................................................................................................... 886
Business Postponed .................................................................................................................................. 886
Public Sector Employment and Management Amendment Bill 2012 ...................................................... 886
Questions .................................................................................................................................................. 886
Unproclaimed Legislation ........................................................................................................................ 886
Papers—Tabled by Minister..................................................................................................................... 886
Message from the Legislative Assembly—Local Government Amendment (Members of
Parliament) Bill 2012 ............................................................................................................................... 887
Public Sector Employment and Management Amendment Bill 2012 ...................................................... 887
Local Government Amendment (Members of Parliament) Bill 2012 ...................................................... 888
Message from the Legislative Assembly—State Revenue Legislation Amendment Bill 2012 ............... 890
Business Postponed .................................................................................................................................. 890
Local Government Amendment (Elections) Bill 2012 ............................................................................. 890
State Revenue Legislation Amendment Bill 2012 ................................................................................... 891
Adjournment ............................................................................................................................................ 891
Attendance ............................................................................................................................................... 892
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Legislative Council Minutes No. 76—Tuesday 3 April 2012
1
MEETING OF THE HOUSE
The House met at 11.00 am according to adjournment. The President took the Chair and read the prayers.
2
MESSAGE FROM THE LEGISLATIVE ASSEMBLY—RETAIL TRADING AMENDMENT
BILL 2012
The President reported the following message from the Legislative Assembly:
Mr PRESIDENT
The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Retail
Trading Act 2008 to make further provision with respect to the regulation of shop opening hours,
restricted trading days and bank trading days; and for other purposes” presents the bill to the Legislative
Council for its concurrence.
Legislative Assembly
2 April 2012
SHELLEY HANCOCK
Speaker
Bill, on motion of Mr Gallacher, read a first time and ordered to be printed.
Mr Gallacher moved, according to contingent notice: That standing orders be suspended to allow the
passing of the bill through all its remaining stages during the present or any one sitting of the House.
Question put and passed.
Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.
3
UIA ANNUAL SENIORS FORUM (Formal Business)
Ms Fazio moved, according to notice:
1.
2.
That this House:
(a)
notes that the United Indian Association (UIA) held its Annual Seniors Forum on Saturday
24 March 2012 at Granville Town Hall, and
(b)
congratulates the UIA on celebrating Senior’s Week with this important event.
That this House notes that:
(a)
the UIA Seniors’ Forum was addressed by a range of speakers including:
(i)
the Honourable Andrew Constance MP, Minister for Ageing and Minister for
Disability Services,
(ii)
the Honourable Barbara Perry MP, Shadow Minister for Family and Community
Services, Shadow Minister for Aboriginal Affairs, Shadow Minister for Ageing and
Shadow Minister for Disability Services,
(iii) Ms Julie Owens MP, Federal Member for Parramatta,
(iv) Mr Tony Issa MP, Member for Granville,
(v)
Mr Purshotam Arora, a visiting Yoga teacher from India,
(vi) Mr Dave Passi, Secretary of the Indian Seniors Group Hornsby, and
(b)
the Cultural Program was provided by Vinod Rajput and Band Baaja.
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Legislative Council Minutes No. 76—Tuesday 3 April 2012
3.
That this House notes the contribution to the organisation and success of the forum of Mrs Sumati
Advani, President of the Sydney Sindhi Association and Co-ordinator of the UIA Seniors Program,
Mr Amarinder Bajwa, President of UIA, Mrs Aruna Chandrala, President of the Global Women’s
Network and Mr Renga Rajan, Secretary of UIA.
Question put and passed.
4
HOLI MAHOTSAV (Formal Business)
Ms Fazio moved, according to notice:
1.
That this House notes that:
(a)
the Bharatiya Vidya Bhavan held the 10th anniversary Holi Mahotsav, the Indian festival of
colours, friendship and harmony, at Tumbalong Park in Darling Harbour from 23 to 25
March 2012,
(b)
Holi has Hindu religious origins, is said to represent the victory of righteous forces and
celebrates the Hindu mythology of the love of Krishna and Radha,
(c)
since its inception, the festival has grown from a one day event to become a three day event
which is the largest Indian festival held in central Sydney each year,
(d)
nearly one thousand artists, both local and international, performed during the festival and
presented a mixture of culture, spirituality and entertainment,
(e)
the cultural performances included: Indian, Bollywood, Classical, Bhangra and belly
dances, fusion and folk music, Punjabi songs, Balinese and Chinese performances and two
flash mobs,
(f)
the music and dance, yoga, prayers, meditation activities and dance and art workshops
lasted for all three days and visitors were able to enjoy delicious vegetarian Indian food and
craft stalls,
(g)
the first day of the festival was dedicated to schools, young people and children who
participated with group performances and art workshops, and the special school day has
become an annual tradition with the NSW Department of Education and Communities
facilitating the attendance of public school students,
(h)
on Saturday, there was a large street procession from Martin Place through the Sydney
central business district and culminating at Tumbalong Park, and the procession included
Rath Yatra, hand pulled Chariot, and other community floats,
(i)
the Sacred Holi Fire ceremony was carried out on Saturday afternoon to drive away evil
from society,
(j)
on Sunday the traditional practice of colour throwing took place in the designated area in
multiple sessions throughout the afternoon and this joyful activity brought many people of
different cultural backgrounds together and was celebrated with happiness and harmony
among the participants, and
(k)
the festival was addressed on Sunday by the following dignitaries:
(i)
Senator the Honourable Kate Lundy, Federal Minister for Multicultural Affairs,
representing the Honourable Julia Gillard MP, Prime Minster of Australia,
(ii)
Mr Craig Kelly MP, representing the Leader of the Federal Opposition,
(iii) Mr Geoff Lee MP, Member for Parramatta, representing the Premier,
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Legislative Council Minutes No. 76—Tuesday 3 April 2012
(iv)
(v)
(vi)
2.
the Honourable Amanda Fazio MLC, representing the Leader of the State
Opposition,
Dr Phil Lambert, Regional Director, Department of Education and Communities,
Mr Shanker Dhar, Chairman, Bharatiya Vidya Bhavan.
That this House:
(a)
congratulates Bharatiya Vidya Bhavan and especially the President, Mr Gambhir Watts, for
staging the Holi Mahotsav Festival, and
(b)
commends all the volunteers and sponsors who contribute to the success of the festival.
Question put and passed.
5
NOTICES OF MOTIONS
6
BUSINESS POSTPONED
Orders of the day nos 1 to 6 on the Notice Paper of government business postponed, on motion of Mr
Gay, until a later hour of the sitting.
7
PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT AMENDMENT BILL 2012
On the order of the day being read, Mr Gallacher moved: That this bill be now read a second time.
Leave granted for the mover’s second reading speech to be incorporated in Hansard.
Debate ensued.
____________________
According to sessional order, proceedings interrupted at 2.30 pm for Questions.
____________________
8
QUESTIONS
9
UNPROCLAIMED LEGISLATION
According to standing order, Mr Pearce tabled a list of unproclaimed legislation as at 2 April 2012.
10
PAPERS—TABLED BY MINISTER
Mr Pearce tabled the following papers:
(1)
Report of Department of Finance and Services entitled “Fact finding investigation report into the
processes utilised by Housing NSW in the management of the Nation Building Economic Stimulus
Program (NBESP) & Perle Construction Management Pty Ltd”, dated November 2011.
(2)
Document entitled “Department of Finance and Services’ response to recommendations for future
improvement in any construction related programs”, dated April 2012.
Ordered: That the reports be printed.
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11
MESSAGE
FROM
THE
LEGISLATIVE
ASSEMBLY—LOCAL
AMENDMENT (MEMBERS OF PARLIAMENT) BILL 2012
GOVERNMENT
The President reported the following message from the Legislative Assembly:
Mr PRESIDENT
The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Local
Government Act 1993 to prevent a member of Parliament from also holding office as a councillor or
mayor” presents the bill to the Legislative Council for its concurrence.
Legislative Assembly
3 April 2012
SHELLEY HANCOCK
Speaker
Bill, on motion of Mr Gallacher, read a first time and ordered to be printed.
Mr Gallacher moved, according to contingent notice: That standing orders be suspended to allow the
passing of the bill through all its remaining stages during the present or any one sitting of the House.
Question put and passed.
Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.
12
PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT AMENDMENT BILL 2012
Order of the day read for resumption of the interrupted debate of the question on the motion of Mr
Gallacher: That this bill be now read a second time.
Debate resumed.
____________________
Mr Gallacher, by leave, tabled the draft Public Sector Employment and Management Amendment
(Displaced Employees) Bill 2005.
____________________
Debate continued.
Question put.
The House divided.
Ayes 20
Mr Ajaka
Mr Blair
Mr Borsak
Mr Brown
Mr Clarke
Mr Colless *
Ms Cusack
Mr Gallacher
Miss Gardiner
Mr Gay
Mr Green
Mr Khan
Mr Lynn
Mr MacDonald
Mrs Maclaren-Jones
Mr Mason-Cox
Mrs Mitchell
Mrs Pavey
Mr Pearce
Dr Phelps *
* Tellers
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Legislative Council Minutes No. 76—Tuesday 3 April 2012
Noes 18
Ms Barham
Mr Buckingham
Ms Cotsis
Mr Donnelly
Ms Faehrmann
Ms Fazio *
Dr Kaye
Mr Moselmane
Mr Primrose
Mr Roozendaal
Mr Searle
Mr Secord
Ms Sharpe
Mr Shoebridge
Mr Veitch
Ms Voltz *
Ms Westwood
Mr Whan
* Tellers
Pairs
Ms Ficarra
Mr Foley
Question resolved in the affirmative.
Bill read a second time.
Leave granted to proceed to the third reading of the bill forthwith.
Standing orders having been suspended Monday 2 April 2012—
____________________
Mr Gallacher sought the leave of the House for the Public Sector Employment and Management
Amendment (Displaced Employees) Bill 2005 to be incorporated into Hansard.
Objection taken.
Leave not granted.
____________________
Bill, on motion of Mr Gallacher, read a third time.
Bill returned to the Legislative Assembly without amendment.
13
LOCAL GOVERNMENT AMENDMENT (MEMBERS OF PARLIAMENT) BILL 2012
On the order of the day being read, Mr Pearce moved: That this bill be now read a second time.
Mr Pearce sought the leave of the House for his second reading speech to be incorporated in Hansard.
Objection taken.
Leave not granted.
Debate ensued.
Question put.
The House divided.
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Legislative Council Minutes No. 76—Tuesday 3 April 2012
Ayes 20
Mr Ajaka
Mr Blair
Mr Borsak
Mr Brown
Mr Clarke
Mr Colless *
Ms Cusack
Mr Gallacher
Miss Gardiner
Mr Gay
Mr Green
Mr Khan
Mr Lynn
Mr MacDonald
Mrs Maclaren-Jones
Mr Mason-Cox
Mrs Mitchell
Mrs Pavey
Mr Pearce
Dr Phelps *
* Tellers
Noes 18
Ms Barham
Mr Buckingham
Ms Cotsis
Mr Donnelly
Ms Faehrmann
Ms Fazio *
Mr Foley
Dr Kaye
Mr Moselmane
Mr Primrose
Mr Roozendaal
Mr Secord
Ms Sharpe
Mr Shoebridge
Mr Veitch
Ms Voltz *
Ms Westwood
Mr Whan
* Tellers
Pairs
Ms Ficarra
Mr Searle
Question resolved in the affirmative.
Bill read a second time.
The Deputy President (Mrs Mitchell) left the Chair and the House sat as a committee of the whole for
consideration of this bill.
The committee reported the bill without amendment.
The House adopted the report.
Standing orders having been suspended this day—
Mr Pearce moved: That this bill be now read a third time.
Question put.
The House divided.
Ayes 19
Mr Blair
Mr Borsak
Mr Brown
Mr Clarke
Mr Colless *
Ms Cusack
Mr Gallacher
Miss Gardiner
Mr Gay
Mr Green
Mr Khan
Mr Lynn
Mr MacDonald
Mrs Maclaren-Jones
Mr Mason-Cox
Mrs Mitchell
Mrs Pavey
Mr Pearce
Dr Phelps *
* Tellers
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Legislative Council Minutes No. 76—Tuesday 3 April 2012
Noes 17
Ms Barham
Mr Buckingham
Ms Cotsis
Mr Donnelly
Ms Faehrmann
Ms Fazio *
Dr Kaye
Mr Moselmane
Mr Primrose
Mr Roozendaal
Mr Secord
Ms Sharpe
Mr Shoebridge
Mr Veitch
Ms Voltz *
Ms Westwood
Mr Whan
* Tellers
Pairs
Mr Ajaka
Ms Ficarra
Mr Foley
Mr Searle
Question resolved in the affirmative.
Bill read a third time.
Bill returned to the Legislative Assembly without amendment.
14
MESSAGE FROM THE LEGISLATIVE ASSEMBLY—STATE REVENUE LEGISLATION
AMENDMENT BILL 2012
The President reported the following message from the Legislative Assembly:
Mr PRESIDENT
The Legislative Assembly having this day passed a Bill with the long title “An Act to make miscellaneous
changes to certain State revenue legislation” presents the bill to the Legislative Council for its
concurrence.
Legislative Assembly
3 April 2012
SHELLEY HANCOCK
Speaker
Bill, on motion of Mr Pearce, read a first time and ordered to be printed.
Mr Pearce moved, according to contingent notice: That standing orders be suspended to allow the passing
of the bill through all its remaining stages during the present or any one sitting of the House.
Question put and passed.
Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.
15
BUSINESS POSTPONED
Orders of the day nos 8 and 9 on the Notice Paper of government business postponed, on motion of Mr
Pearce, until a later hour of the sitting.
16
LOCAL GOVERNMENT AMENDMENT (ELECTIONS) BILL 2012
On the order of the day being read, Mr Mason-Cox (on behalf of Mr Pearce) moved: That this bill be now
read a second time.
Debate ensued.
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Legislative Council Minutes No. 76—Tuesday 3 April 2012
Leave granted for the remainder of the mover’s second reading speech to be incorporated in Hansard.
Debate continued.
Question put and passed.
Bill read a second time.
Leave granted to proceed to the third reading of the bill forthwith.
Standing orders having been suspended Monday 2 April 2012—
Bill, on motion of Mr Mason-Cox, read a third time.
Bill returned to the Legislative Assembly without amendment.
17
STATE REVENUE LEGISLATION AMENDMENT BILL 2012
On the order of the day being read, Mr Pearce moved: That this bill be now read a second time.
Debate ensued.
____________________
According to resolution of the House of 28 March 2012, proceedings interrupted at 10.00 pm for
adjournment.
____________________
The House continued to sit.
____________________
Debate continued.
Question put and passed.
Bill read a second time.
Ordered: That consideration of the bill in committee of the whole stand an order of the day for next sitting
day.
18
ADJOURNMENT
Mr Gay moved: That this House do now adjourn.
Debate ensued.
Question put and passed.
The House adjourned at 11.14 pm until Wednesday 4 April 2012 at 9.30 am.
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Legislative Council Minutes No. 76—Tuesday 3 April 2012
19
ATTENDANCE
All members present, except Ms Ficarra and Revd Mr Nile.
David Blunt
Clerk of the Parliaments
_____________________________
Authorised by the Parliament of New South Wales