1903
LEGISLATIVE COUNCIL
MINUTES OF PROCEEDINGS
No. 157
WEDNESDAY 21 AUGUST 2013
Contents
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Meeting of the House ............................................................................................................................. 1904
Jeannie Ferris Cancer Australia Recognition Awards (Formal Business) .............................................. 1904
Dr Leonie Therese Crotty RSM (Formal Business) ............................................................................... 1904
Select Committee on the agistment of horses at Yaralla Estate—Extension of reporting period
(Formal Business) .................................................................................................................................. 1905
Achievements of women on the Northern Beaches (Formal Business) ................................................. 1905
20th anniversary of Dogs NSW (Formal Business) ............................................................................... 1906
Unproclaimed Legislation ...................................................................................................................... 1906
Petition ................................................................................................................................................... 1906
Notices of Motions ................................................................................................................................. 1907
Business Postponed ................................................................................................................................ 1907
Temporary Chair of Committees ............................................................................................................ 1907
Disallowance of Statutory Rule—Industrial Relations (Public Sector Conditions of Employment)
Amendment Regulation 2013................................................................................................................. 1907
Questions ................................................................................................................................................ 1908
Conduct of Business—25th Anniversary of the modern committee system .......................................... 1909
Vacancy in the Representation of the State in the Senate of the Commonwealth of Australia .............. 1909
Message from the Legislative Assembly—Entertainment Industry Bill 2013 ....................................... 1909
Police Legislation Amendment (Special Constables) Bill 2013............................................................. 1910
Business Postponed ................................................................................................................................ 1910
Joint Select Committee on Sentencing of Child Sexual Assault Offenders ........................................... 1910
Marine Parks Amendment (Moratorium) Bill 2013 ............................................................................... 1911
Adjournment .......................................................................................................................................... 1911
Attendance ............................................................................................................................................. 1911
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Legislative Council Minutes No. 157—Wednesday 21 August 2013
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
JEANNIE FERRIS CANCER AUSTRALIA RECOGNITION AWARDS (Formal Business)
Ms Ficarra moved, according to notice:
1.
2.
That this House notes that:
(a)
in April 2013, the inaugural Jeannie Ferris Cancer Australia Recognition Awards were
presented in honour of former South Australian Senator, Jennie Ferris who was diagnosed
with gynaecological cancer in October 2005 and sadly passed away in April 2007,
(b)
the Jeannie Ferris Cancer Australia Recognition Award is comprised of categories that
recognise individuals, health professionals and researchers for their contributions to
reducing gynaecological cancers in Australia,
(c)
Professor Neville Hacker AM of Sydney has been bestowed and made the inaugural winner
of the Health Professionals and Researchers Category for his clinical and research work in
gynaecological cancers, establishment of the Gynaecological Cancer Centre at the Sydney
Royal Woman’s Hospital of which he served as director for 27 years, and work in raising
$3 million for gynaecological cancer research, and
(d)
Mr Simon Lee of Melbourne has been bestowed and made the inaugural winner of the
Individual Contributions category in recognition of his work as one of the first advocates in
Australia for increasing gynaecological cancer awareness due to the death of both his
mother and wife, Sheila, from gynaecological cancer, and his work in establishing the
national consumer organisation Ovarian Cancer Australia, where he served as chair for 10
years.
That this House congratulates and commends Professor Neville Hacker AM and Mr Simon Lee for
their outstanding contributions to the community and on being the recipients of the inaugural
Jennie Ferris Cancer Australia Recognition Awards.
Question put and passed.
3
DR LEONIE THERESE CROTTY RSM (Formal Business)
Ms Ficarra moved, according to notice:
1.
2.
That this House notes:
(a)
the passing of Dr Leonie Therese Crotty RSM at Sacred Heart Hospice, Darlinghurst,
Sydney, on 17 May, 2013 at 3:40 am following a prolonged battle with cancer at age 62,
and
(b)
that Leonie’s life was celebrated on 22 May 2013 at St Marys Catholic Church, Concord,
and a memorial mass was performed on the 24 May 2013 at All Saints Catholic Church,
Kempsey, followed by her burial at East Kempsey Cemetery.
That this House notes:
(a)
that Dr Leonie Therese Crotty RSM was born on 25 August, 1951 in Kempsey on the New
South Wales mid-north coast,
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Legislative Council Minutes No. 157—Wednesday 21 August 2013
3.
(b)
that Dr Crotty was the loving mother of James Vincent (now deceased) and Theresa
Margaret Crotty (nee Hargreaves), loving sister of Marcia and Kerry, sister-in-law of Mario
Majarich and Geoff George, treasured aunt to David and Anna, Catherine and Len, Peter,
James and "Onie" to Harry,
(c)
Dr Crotty’s achievement of receiving a Doctorate of Education from the University of
Sydney,
(d)
Dr Crotty’s 15 year service to Sydney Catholic Schools between 1993 and 2007 during
which time she was a strong advocate of Catholic life and identity,
(e)
that, as a leader in religious education, Dr Crotty was responsible for developing and
implementing an accreditation process for religious education teachers, establishing the
Year 6 Religious Education test, implementing the development and review of the K-12
religious education syllabus, heading the review team of republished second edition text
book series ‘To know, Worship and Love’, reaffirming the role of the Religious Education
Co-ordinator, and her work in developing the HSC Studies in Religion Examination papers,
(f)
Dr Crotty’s service on the Religious Education Committee of the National Catholic
Education Commission (NCEC),
(g)
Dr Crotty’s work with the Catholic Institute of Sydney and the Australian Catholic
University in the provision of post-graduate Certificate and Degree Courses, and
(h)
Dr Crotty’s dedication to the Catholic Church and the community as a Sister of Mercy.
That this House acknowledges the enormous contribution of Dr Leonie Therese Crotty RSM to
Catholic Education and conveys its sympathy to her family, loved ones and friends on her loss.
Question put and passed.
4
SELECT COMMITTEE ON THE AGISTMENT OF HORSES AT YARALLA ESTATE—
EXTENSION OF REPORTING PERIOD (Formal Business)
Mr Khan (on behalf of Mr Borsak) moved, according to notice:
That the reporting date for the Select Committee on the Agistment of Horses at Yaralla Estate be
extended to Thursday 19 September 2013.
Question put and passed.
5
ACHIEVEMENTS OF WOMEN ON THE NORTHERN BEACHES (Formal Business)
Ms Ficarra moved, according to notice:
1.
That this House notes that on Sydney’s northern beaches there have recently been major firsts by
women involved in their community and sporting organisations, including:
(a)
Mrs Veronica Hopley and Mrs Lynne Moore have been elected Co-Presidents of the Rotary
Club of Manly, becoming the first females to be elected to the positions since the club was
founded in 1936,
(b)
Ms Kate MacDonald has become the first female to be elected as President of Palm Beach
Surf Life Saving Club since the club’s inception in 1921,
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Legislative Council Minutes No. 157—Wednesday 21 August 2013
2.
(c)
Ms Tracey Hare-Boyd has become the first female to be elected as President of North
Steyne Surf Life Saving Club in the club’s 106-year history, and
(d)
Ms Naomi Flood became the first female to be awarded Life Membership of Manly Life
Saving Club which was founded in 1903.
That this House:
(a)
congratulates and commends Mrs Veronica Hopley, Mrs Lynne Moore, Ms Kate
MacDonald, Ms Tracey Hare-Boyd and Ms Naomi Flood on their achievements, and
(b)
calls upon all community and sporting organisations to recognise the value of women in
leadership roles and encourages organisations to promote and encourage female
participation in such roles.
Question put and passed.
6
20TH ANNIVERSARY OF DOGS NSW (Formal Business)
Ms Ficarra moved, according to notice:
1.
2.
That this House notes:
(a)
that this year marks the 20th anniversary of Dogs NSW,
(b)
the work of The Royal NSW Canine Council, also known as Dogs NSW, for its excellent
work as a professional association promoting responsible breeding and welfare of purebred
dogs in New South Wales by providing the community with information on purchasing,
caring, breeding and organising canine sporting activities,
(c)
the work of the Dogs NSW Public Relations committee members Mrs C Mann, Ms R
Britten, Mrs M Parker and Mrs P Bentham, and
(d)
that on 15 June 2013, ‘Dogs on Show’ was held at The Bill Spilstead Complex for Canine
Affairs, Erskine Park with dignitaries including:
(i)
Dr Andrew Cornwell MP,
(ii)
Mr Bart Bassett MP,
(iii) Mr Ray Williams MP,
(iv) Mr Andy Rohan MP,
(v)
Ms Noreen Hay MP.
That this House congratulates Dogs NSW on its 20th Anniversary.
Question put and passed.
7
UNPROCLAIMED LEGISLATION
According to standing order, Mr Gay tabled a list of unproclaimed legislation as at 20 August 2013.
8
PETITION
Public libraries
Ms Barham presented a petition from 138 citizens of New South Wales stating that libraries are a
fundamental part of the educational and cultural vibrancy of the community, providing lifelong learning
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Legislative Council Minutes No. 157—Wednesday 21 August 2013
and opportunities for social interaction, that from 1979-80 to 2010-11 the percentage of total funding for
public libraries from the Government has decreased from 23.6 per cent to 7.5 per cent, which has shifted
more of the burden of funding onto local government, and calling on the Government to recognise the
social and economic benefits provided to the community by public libraries and increase funding of
public libraries to reinstate the previous percentage level of contribution.
Petition received.
9
NOTICES OF MOTIONS
10
BUSINESS POSTPONED
11
(1)
Notice of motion no. 2 on the Notice Paper of business of the House postponed, on motion of Mr
Searle, until next sitting day.
(2)
Notice of motion no. 3 on the Notice Paper of business of the House postponed, on motion of Mr
Searle, until next sitting day.
(3)
Order of the day no. 1 on the Notice Paper of government business postponed, on motion of Mr
Gay, until Thursday 19 September 2013.
TEMPORARY CHAIR OF COMMITTEES
According to standing order, the President nominated the Honourable Jan Barham to act as Temporary
Chair of Committees during the remainder of the present session of Parliament.
12
DISALLOWANCE OF STATUTORY RULE—INDUSTRIAL RELATIONS (PUBLIC SECTOR
CONDITIONS OF EMPLOYMENT) AMENDMENT REGULATION 2013
Question put: That the motion proceed as business of the House.
The House divided.
Ayes 19
Ms Barham
Mr Borsak
Mr Brown
Mr Buckingham
Ms Cotsis
Mr Donnelly
Dr Faruqi
Ms Fazio *
Mr Foley
Dr Kaye
Mr Moselmane
Mr Primrose
Mr Searle
Mr Secord
Mr Shoebridge
Ms Voltz *
Ms Westwood
Mr Whan
Mr Wong
* Tellers
Noes 18
Mr Ajaka
Mr Blair
Mr Colless *
Ms Cusack
Ms Ficarra
Mr Gallacher
Miss Gardiner
Mr Gay
Mr Green
Mr Khan
Mr Lynn
Mr MacDonald
Mrs Maclaren-Jones
Mr Mason-Cox
Revd Mr Nile
Mrs Pavey
Mr Pearce
Dr Phelps *
* Tellers
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Legislative Council Minutes No. 157—Wednesday 21 August 2013
Pairs
Ms Sharpe
Mr Veitch
Mrs Mitchell
Mr Clarke
Question resolved in the affirmative.
Mr Searle moved: That the matter proceed forthwith.
Question put and passed.
Mr Searle then moved, according to notice: That, under section 41 of the Interpretation Act 1987, this
House disallows the Industrial Relations (Public Sector Conditions of Employment) Amendment
Regulation 2013, published on the NSW Legislation website on 28 June 2013.
Debate ensued.
Question put.
The House divided.
Ayes 21
Ms Barham
Mr Borsak
Mr Brown
Mr Buckingham
Ms Cotsis
Mr Donnelly
Dr Faruqi
Ms Fazio *
Mr Foley
Mr Green
Dr Kaye
Mr Moselmane
Revd Mr Nile
Mr Primrose
Mr Searle
Mr Secord
Mr Shoebridge
Ms Voltz *
Ms Westwood
Mr Whan
Mr Wong
* Tellers
Noes 16
Mr Ajaka
Mr Blair
Mr Colless *
Ms Cusack
Ms Ficarra
Mr Gallacher
Miss Gardiner
Mr Gay
Mr Khan
Mr Lynn
Mr MacDonald
Mrs Maclaren-Jones
Mr Mason-Cox
Mrs Pavey
Mr Pearce
Dr Phelps *
* Tellers
Pairs
Ms Sharpe
Mr Veitch
Mrs Mitchell
Mr Clarke
Question resolved in the affirmative.
____________________
According to sessional order, proceedings interrupted at 2.30 pm for Questions.
____________________
13
QUESTIONS
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Legislative Council Minutes No. 157—Wednesday 21 August 2013
14
CONDUCT OF BUSINESS—25TH ANNIVERSARY OF THE MODERN COMMITTEE
SYSTEM
Mr Gay moved, according to notice:
1.
That, notwithstanding anything to the contrary in the standing or sessional orders, on Thursday 19
September 2013, debate on the motion of Mr Gay commemorating the 25th anniversary of the
modern committee system take precedence of all other business on the Notice Paper until 1.00 pm.
2.
That each member speaking to the motion may not speak for more than 10 minutes.
Question put and passed.
____________________
The President left the Chair at 3.31 pm until the conclusion of the Joint Sitting to be held in the
Legislative Council Chamber for the purpose of filling the vacancy in the representation of the State in
the Senate of the Commonwealth of Australia caused by the resignation of Senator the Honourable Matt
Thistlethwaite.
____________________
The House resumed at 4.01 pm.
15
VACANCY IN THE REPRESENTATION OF THE STATE IN THE SENATE OF THE
COMMONWEALTH OF AUSTRALIA
The President announced that at a Joint Sitting of the Legislative Council and the Legislative Assembly
held this day, to choose a person to hold the place in the Senate of the Commonwealth of Australia
rendered vacant by the resignation of Senator the Honourable Matt Thistlethwaite, Mr Sam Dastyari was
chosen to hold that place.
The President tabled the Minutes of Proceedings of the Joint Sitting of the Houses of Parliament.
Ordered, on motion of Mr Gallacher: That the document be printed.
16
MESSAGE FROM THE LEGISLATIVE ASSEMBLY—ENTERTAINMENT INDUSTRY BILL
2013
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 provide for the
regulation of the entertainment industry; and for other purposes” presents the bill to the Legislative
Council for its concurrence.
Legislative Assembly
21 August 2013
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.
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Legislative Council Minutes No. 157—Wednesday 21 August 2013
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.
17
POLICE LEGISLATION AMENDMENT (SPECIAL CONSTABLES) BILL 2013
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.
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 Tuesday 20 August 2013—
Bill, on motion of Mr Gallacher, read a third time.
Bill returned to the Legislative Assembly without amendment.
18
BUSINESS POSTPONED
Orders of the day nos 2 to 6 on the Notice Paper of government business postponed, on motion of Mr
Gallacher, until a later hour of the sitting.
19
JOINT SELECT COMMITTEE ON SENTENCING OF CHILD SEXUAL ASSAULT
OFFENDERS
On the order of the day for consideration of the Legislative Assembly’s message of Thursday 15 August
2013 being read, Mr Gallacher moved:
1.
That this House agrees to the resolution in the Legislative Assembly’s message of Thursday 15
August 2013 relating to the appointment of a Joint Select Committee on sentencing of child sexual
assault offenders.
2.
That the time and place for the first meeting be Thursday 29 August 2013 at 1.45 pm in Room
1136.
Question put and passed.
Mr Gallacher then moved: That the following message be forwarded to the Legislative Assembly:
Madam SPEAKER
The Legislative Council desires to inform the Legislative Assembly that it has this day agreed to the
following resolution:
1.
That this House agrees to the resolution in the Legislative Assembly’s message of Thursday 15
August 2013 relating to the appointment of a Joint Select Committee on sentencing of child sexual
assault offenders.
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Legislative Council Minutes No. 157—Wednesday 21 August 2013
2.
That the time and place for the first meeting be Thursday 29 August 2013 at 1.45 pm in Room
1136.
Legislative Council
21 August 2013
NATASHA MACLAREN-JONES
Deputy President
Question put and passed.
20
MARINE PARKS AMENDMENT (MORATORIUM) BILL 2013
On the order of the day being read, Mr Gay moved: That this bill be now read a second time.
Debate ensued—first speech of Dr Faruqi.
____________________
Distinguished Visitors
The President welcomed into his gallery the family of Dr Faruqi, the Consul General of Pakistan, Mr
Abdul Aziz, Consul, Mr Shifaat Kaleem, and Counsellor of the Mission, Mr Balakh Sher Khosa.
____________________
Motion made (Dr Phelps) and question: That this debate be now adjourned until next sitting day—put and
passed.
21
ADJOURNMENT
Mr Gay moved: That this House do now adjourn.
Debate ensued.
Question put and passed.
The House adjourned at 6.35 pm until Thursday 22 August 2013 at 9.30 am.
22
ATTENDANCE
All members present, except Mrs Mitchell.
David Blunt
Clerk of the Parliaments
_____________________________
Authorised by the Parliament of New South Wales