165
LEGISLATIVE COUNCIL
MINUTES OF PROCEEDINGS
No. 15
WEDNESDAY 1 JUNE 2011
Contents
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Meeting of the House ............................................................................................................................... 166
Assumption of the Administration of the Government by the Administrator .......................................... 166
St Vincent de Paul Society’s Wellington Conference (Formal Business) ................................................ 166
Lithgow St Vincent de Paul Society workers (Formal Business)............................................................. 166
Fairfax outsourcing (Formal Business) .................................................................................................... 167
Printing of Tabled Papers ......................................................................................................................... 167
Paper—Tabled by Minister ...................................................................................................................... 168
Petition ..................................................................................................................................................... 168
Notices of Motions ................................................................................................................................... 168
Notices of Motions withdrawn ................................................................................................................. 168
Business Postponed .................................................................................................................................. 168
Crimes Amendment (Murder of Police Officers) Bill 2011 ..................................................................... 168
Questions .................................................................................................................................................. 168
Messages from the Legislative Assembly ................................................................................................ 169
(1)
Credit (Commonwealth Powers) Amendment (Maximum Annual Percentage Rate) Bill
2011 .............................................................................................................................................. 169
Cognate bills—
(2)
Work Health and Safety Bill 2011 ................................................................................................ 169
(3)
Occupational Health and Safety Amendment Bill 2011 ............................................................... 169
Crimes Amendment (Murder of Police Officers) Bill 2011 ..................................................................... 169
Notice of Motion ...................................................................................................................................... 170
Industrial Relations Amendment (Public Sector Conditions of Employment) Bill 2011 ......................... 171
Address-in-reply to the Governor’s opening speech ................................................................................ 171
Message from the Legislative Assembly—Law Enforcement (Powers and Responsibilities)
Amendment (Move on Directions) Bill 2011 ........................................................................................... 171
Adjournment ............................................................................................................................................ 172
Attendance ............................................................................................................................................... 172
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Legislative Council Minutes No. 15—Wednesday 1 June 2011
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
ASSUMPTION OF
ADMINISTRATOR
THE
ADMINISTRATION
OF
THE
GOVERNMENT
BY
THE
The President reported the following message from the Honourable Thomas Frederick Bathurst,
Administrator of the State of New South Wales:
Office of the Governor
Sydney 2000
T Bathurst
ADMINISTRATOR
The Honourable Thomas Frederick Bathurst, Chief Justice of New South Wales, Administrator of the
State of New South Wales, has the honour to inform the Legislative Council that, as a consequence of the
Governor of New South Wales, Professor Marie Bashir, having assumed the administration of the
government of the Commonwealth, he has this day assumed the administration of the government of the
State.
1 June 2011
3
ST VINCENT DE PAUL SOCIETY’S WELLINGTON CONFERENCE (Formal Business)
Mr Kelly moved, according to notice:
1.
2.
That this House notes that:
(a)
the St Vincent de Paul Society's Wellington Conference celebrated its 100 th anniversary on
29 January 2011,
(b)
the Conference has been doing outstanding work in the community since 1911, having
started with 19 members and, since then, many more have picked up the torch to continue
its vital work in the Bathurst Diocese, and
(c)
in 2010 alone, the Conference members:
(i)
assisted with 1,100 visits to hospitals, nursing homes and aged care rooms,
(ii)
supported 350 families with food, clothing and furniture and provided 100
Christmas hampers to families in need.
That this House extends its congratulations to the current Manager and former Manager Frank
Lacey on the Conference’s ongoing commitment and support to families and individuals in
Wellington and across New South Wales.
Question put and passed.
4
LITHGOW ST VINCENT DE PAUL SOCIETY WORKERS (Formal Business)
Mr Kelly moved, according to notice:
1.
That this House notes that:
(a)
on Australia Day 2011, Lithgow St Vincent de Paul Society workers Mr Pat Okon and Ms
Margaret Kennedy were honoured with Order of Australia medals,
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Legislative Council Minutes No. 15—Wednesday 1 June 2011
2.
(b)
the St Vincent de Paul Society St Patrick’s Conference in Lithgow now has three active
members who have been awarded Order of Australia honours, including Mrs Kennedy's
husband Alan who received a OAM in 2004, and
(c)
these members are not only active members of the St Vincent de Paul Society but also
Family Support, Neighbour Centre, Meals on Wheels, Women's and Community Housing,
Community Consultative Committees and local school, church and show committees.
That this House extends its congratulations to Pat and Margaret on their Order of Australia awards
and their continued and ongoing contribution to the Lithgow community.
Question put and passed.
5
FAIRFAX OUTSOURCING (Formal Business)
Dr Kaye moved, according to notice:
1.
That this House acknowledges:
(a)
the importance of a high quality, critical and independent print media to the successful
political, cultural, economic and social functioning of a modern democracy, and
(b)
the central role that artists, sub-editors and designers play in maintaining and enhancing
quality newspapers and their capacity to fulfil their role in society.
2.
That this House notes with grave concern plans by Fairfax management to outsource the work of
82 subeditors, designers and artists who currently ensure the quality of the Melbourne Age and the
Sydney Morning Herald.
3.
That this House supports the concerns raised by Fairfax employees and their union that the quality
and communications effectiveness of these papers will inevitably suffer as:
4.
(a)
in-house specialist production expertise accumulated over many years is lost,
(b)
quality is placed into direct competition with cost,
(c)
the uniqueness and character of these papers are lost, and
(d)
inevitable errors of fact and grammar will result from a cost-driven service and will
undermine public confidence in the papers.
That this House:
(a)
calls on Fairfax management to abandon plans to outsource production services, and
(b)
requests the President to convey the terms and passage of this resolution by the House to
Fairfax Media CEO, Greg Hywood and Chairman, Roger Corbett.
Question put and passed.
6
PRINTING OF TABLED PAPERS
According to standing order, Mr Gallacher tabled a list of papers tabled and not ordered to be printed in
the previous month.
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Legislative Council Minutes No. 15—Wednesday 1 June 2011
7
PAPER—TABLED BY MINISTER
Mr Gallacher, according to the Annual Reports (Departments) Act 1985, tabled a report of the
Department of Education and Training for year ended 31 December 2010.
Ordered: That the report be printed.
8
PETITION
Webbs Creek Ferry crossing
Mrs Maclaren-Jones presented a petition from 1,225 citizens of New South Wales stating that they are
experiencing ongoing breakdowns and dangerous traffic congestion at the Webbs Creek Ferry crossing of
the Hawkesbury River, and requesting that the House consider a duel ferry crossing, a spare power pack
and spare parts available on 24 hour call, accountability and quality control of ferry maintenance, better
signage to inform of ferry down time including a sign at Maroota School, better notification to local
businesses impacted by ferry closure, the erection of Give Way signs on the upriver side of River Road,
ongoing training for ferry masters, and completion of Bicentenary Road from Chaseling Road to
Wheelbarrow Ridge Road.
Petition received.
9
NOTICES OF MOTIONS
10
NOTICES OF MOTIONS WITHDRAWN
11
(1)
Ms Faehrmann withdrew private members’ business item no. 68 outside the order of precedence
on the Notice Paper for today relating to an order for papers regarding the Hills M2 upgrade.
(2)
Dr Kaye withdrew private members’ business item no. 82 outside the order of precedence on the
Notice Paper for today relating to plain packaging of tobacco products.
BUSINESS POSTPONED
Orders of the day nos 1 and 2 on the Notice Paper of government business postponed, on motion of Mr
Gallacher, until a later hour of sitting.
12
CRIMES AMENDMENT (MURDER OF POLICE OFFICERS) BILL 2011
Order of the day read for resumption of the adjourned debate of the question on the motion of Mr
Gallacher: That this bill be now read a second time.
Debate resumed.
____________________
According to sessional order, proceedings interrupted at 2.30 pm for Questions.
____________________
13
QUESTIONS
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Legislative Council Minutes No. 15—Wednesday 1 June 2011
14
MESSAGES FROM THE LEGISLATIVE ASSEMBLY
The President reported the following message from the Legislative Assembly:
(1)
Credit (Commonwealth Powers) Amendment (Maximum Annual Percentage Rate) Bill 2011
Mr PRESIDENT
The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Credit
(Commonwealth Powers) Act 2010 with respect to the maximum annual percentage rate for certain credit
contracts” presents the bill to the Legislative Council for its concurrence.
Legislative Assembly
1 June 2011
SHELLEY HANCOCK
Speaker
Bill, on motion of Mr Gallacher (on behalf of Mr Pearce), 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 next sitting day.
The President further reported the following messages from the Legislative Assembly:
Cognate bills—
(2)
Work Health and Safety Bill 2011
Mr PRESIDENT
The Legislative Assembly has this day agreed to the amendments made by the Legislative Council in the
Bill with the long title “An Act to secure the health, safety and welfare of persons at work; to repeal the
Occupational Health and Safety Act 2000; and for other purposes”.
Legislative Assembly
1 June 2011
(3)
SHELLEY HANCOCK
Speaker
Occupational Health and Safety Amendment Bill 2011
Mr PRESIDENT
The Legislative Assembly has this day agreed to the amendments made by the Legislative Council in the
Bill with the long title “An Act to amend the Occupational Health and Safety Act 2000 to adopt some
national work health and safety reforms pending the enactment of new legislation; and for other
purposes”.
Legislative Assembly
1 June 2011
15
SHELLEY HANCOCK
Speaker
CRIMES AMENDMENT (MURDER OF POLICE OFFICERS) BILL 2011
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.
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Legislative Council Minutes No. 15—Wednesday 1 June 2011
Question put.
The House divided.
Ayes 19
Mr Ajaka
Mr Blair
Mr Borsak
Mr Brown
Mr Clarke
Mr Colless *
Ms Cusack
Ms Ficarra
Mr Gallacher
Mr Gay
Mr Green
Mr Khan
Mr MacDonald
Mrs Maclaren-Jones
Mr Mason-Cox
Revd Mr Nile
Mrs Pavey
Mr Pearce
Dr Phelps *
* Tellers
Noes 16
Ms Barham
Mr Buckingham
Mr Donnelly
Ms Faehrmann
Mr Foley
Dr Kaye
Mr Moselmane
Mr Primrose
Mr Roozendaal
Mr Searle
Mr Secord
Ms Sharpe
Mr Shoebridge
Mr Veitch
Ms Voltz *
Ms Westwood *
* Tellers
Pairs
Miss Gardiner
Mr Lynn
Mrs Mitchell
Ms Fazio
Ms Cotsis
Mr Kelly
Question resolved in the affirmative.
Bill read a second time.
The President left the Chair and the House sat as a committee of the whole for consideration of this bill.
The committee reported the bill without amendment.
The House adopted the report.
(With concurrence) Bill, on motion of Mr Gallacher, read a third time.
Bill forwarded to the Legislative Assembly for concurrence.
16
NOTICE OF MOTION
Mr Gallacher sought the leave of the House, under standing order 71, to give a notice of a motion relating
to the precedence of business on Thursday 2 June 2011.
Objection taken.
Leave not granted.
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Legislative Council Minutes No. 15—Wednesday 1 June 2011
17
INDUSTRIAL RELATIONS
EMPLOYMENT) BILL 2011
AMENDMENT
(PUBLIC
SECTOR
CONDITIONS
OF
Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Pearce:
That this bill be now read a second time.
Debate resumed.
Motion made (Ms Cotsis speaking) and question: That this debate be now adjourned until next sitting
day—put and passed.
18
ADDRESS-IN-REPLY TO THE GOVERNOR’S OPENING SPEECH
Order of the day read for resumption of the adjourned debate of the question on the motion of Mrs Pavey:
That the following address be adopted and presented by the Whole House to the Governor, in reply to the
Speech which Her Excellency had been pleased to make to both Houses of Parliament:
To Her Excellency the Honourable MARIE BASHIR, Companion of the Order of Australia, Governor of
the State of New South Wales in the Commonwealth of Australia.
MAY IT PLEASE YOUR EXCELLENCY—
We, the Members of the Legislative Council of New South Wales, in Parliament assembled, desire to
express our thanks for Your Excellency's Speech, and to express our loyalty to the Sovereign.
We assure Your Excellency that our earnest consideration will be given to the measures to be submitted
to us, and that we will faithfully carry out the important duties entrusted to us by the people of New South
Wales.
We join Your Excellency in the hope that our labours may be so directed as to advance the best interests
of all sections of the community.
Debate resumed—first speech of Mr Searle.
Motion made (Mr Pearce) and question: That this debate be now adjourned until next sitting day—put
and passed.
19
MESSAGE FROM THE LEGISLATIVE ASSEMBLY—LAW ENFORCEMENT (POWERS AND
RESPONSIBILITIES) AMENDMENT (MOVE ON DIRECTIONS) BILL 2011
The President reported the following message from the Legislative Assembly:
Mr PRESIDENT
The Legislative Assembly having this day agreed to the Bill with the long title “An Act to amend the Law
Enforcement (Powers and Responsibilities) Act 2002 in relation to move on directions to intoxicated
persons in public places” returns the bill to the Legislative Council without amendment.
Legislative Assembly
1 June 2011
SHELLEY HANCOCK
Speaker
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Legislative Council Minutes No. 15—Wednesday 1 June 2011
____________________
According to sessional order, proceedings interrupted at 6.30 pm for adjournment.
____________________
20
ADJOURNMENT
Mr Gallacher moved: That this House do now adjourn.
Debate ensued.
Question put and passed.
The House adjourned at 7.02 pm until Thursday 2 June 2011 at 9.30 am.
21
ATTENDANCE
All members present, Ms Fazio and Mr Lynn.
David Blunt
Deputy Clerk
_____________________________
Authorised by the Parliament of New South Wales