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LEGISLATIVE ASSEMBLY
2011-12-13
FIRST SESSION OF THE FIFTY-FIFTH PARLIAMENT
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VOTES AND PROCEEDINGS
No. 156
THURSDAY 15 AUGUST 2013
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1
MEETING OF THE HOUSE
The House met at 10.00 am pursuant to adjournment. In the absence of the Speaker at the commencement
of the sitting, the Deputy Speaker took the Chair, read the prayer and acknowledged the traditional
owners, thanking them for their custodianship of country.
2
NOTICES OF MOTIONS (GENERAL NOTICES)
_____________
It being before 11.30 am, general business notices of motions (general notices) proceeded with.
_____________
3
HUNTER ARMED ROBBERIES 2012
Ms Sonia Hornery moved, pursuant to notice, That this House:
(1)
Notes that in 2012 the number of armed robberies in the Hunter reached the highest for a decade.
(2)
Notes that Councillor Jason Dunn presented a motion to Newcastle City Council recently on the
need for a police station in the western suburbs of Newcastle.
(3)
Calls on the Minister for Police and Emergency Services to ensure adequate increased police
resources to curtail endemic social misbehaviour and to reduce apprehension in the community.
Debate ensued.
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Question put and passed.
4
AUSTRALIAN SOUTH SEA ISLANDERS
Mr Alex Greenwich moved, pursuant to notice, as amended, That this House:
(1)
Notes 25 August 2013 as Australian South Sea Islander Recognition Day, marking 150 years
since about 50,000 people on 62,000 indenture contracts from around 80 Pacific Islands were
recruited or kidnapped to work in sugar cane fields where they were exploited.
(2)
Notes the Australian South Sea Islanders suffered inhumane treatment, the highest mortality
rates of any immigrant group to Australia and mass deportations when the White Australia
Policy was introduced.
(3)
Notes many of the 40,000 Australian South Sea Islander descendants who live in Australia
remain marginalised and disadvantaged.
(4)
Notes thousands of Australian South Sea Islanders live in New South Wales but an official
number has not been established.
(5)
Notes then Premier Carr’s Memorandum of Understanding of 1995 called for adequate programs
and services.
(6)
Acknowledges the Community Relations Commission’s initiatives in relation to South Sea
Islanders and requests the Government to liaise with the national body for Australian South Sea
Islanders in preparing a demographic, social and economic community profile.
(7)
Acknowledges the contribution the Australian South Sea Islander community makes in New
South Wales and its history in Australia.
Debate ensued.
Ms Linda Burney, by leave, also spoke to the motion.
Mr Alex Greenwich, speaking in reply, by leave, obtained an extension of time.
Question put and passed.
5
RIDING FOR THE DISABLED KIAMA DOWNS
Mr Gareth Ward moved, pursuant to notice, That this House:
(1)
Thanks the Minister for Disabilities and Ageing for visiting the electorate of Kiama.
(2)
Congratulates Riding for the Disabled, Kiama Downs, for its work and support for people with
disabilities.
(3)
Commends the Minister on the grant to Riding for the Disabled to upgrade its facilities.
Debate ensued.
Question put and passed.
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Thursday 15 August 2013
6
RECREATIONAL HUNTING IN NATIONAL PARKS
Ms Noreen Hay moved, pursuant to notice, That this House:
(1)
Calls on the Premier and the Minister for the Environment to immediately rule out allowing
amateur hunters into national parks during the school holidays.
(2)
Notes with disdain, that the commencement of amateur hunting in national parks has been
flagged for the upcoming school holidays.
(3)
Acknowledges that despite the Government’s own risk assessment warning of the high risk of
someone being seriously injured or killed the Government will proceed with the plan.
(4)
Strongly opposes the plans to allow recreational hunting in national parks.
(5)
Calls on the Premier to immediately reverse the decision to allow recreational hunting in
national parks.
Debate ensued.
Question put.
The House divided.
AYES 19
Mr Barr, Ms Burney, Mr Daley, Mr Furolo, Mr Greenwich, Ms Hay, Mr Hoenig, Ms Hornery, Mr Lynch,
Dr McDonald, Ms Mihailuk, Mr Park, Mrs Perry, Mr Piper, Mr Robertson, Ms Watson and Mr Zangari.
Tellers: Mr Amery and Mr Lalich.
NOES 61
Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Mr Bassett, Mr Baumann, Ms Berejiklian, Mr
Brookes, Mr Casuscelli, Mr Conolly, Mr Constance, Mr Cornwell, Mr Coure, Mr Dominello, Mr Doyle,
Mr Edwards, Mr Elliott, Mr Evans, Mr Flowers, Mr Gee, Mr George, Ms Gibbons, Ms Goward, Mr
Grant, Mr Gulaptis, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mr Holstein, Mr Humphries, Mr Issa, Mr
Kean, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mr Owen, Mr Page, Ms Parker, Mr Patterson, Mr
Perrottet, Mr Roberts, Mr Rohan, Mr Rowell, Mrs Sage, Mr Sidoti, Mrs Skinner, Mr Smith, Mr Souris,
Mr Speakman, Mr Spence, Mr Stokes, Mr Stoner, Mr Toole, Ms Upton, Mr Ward, Mr Webber, Mr R.C.
Williams and Mrs Williams.
Tellers: Mr Maguire and Mr J.D. Williams.
In the Chair: Mr Fraser.
Pairs: Ms Burton—Mr Bromhead; Mr Rees—Mrs Davies and Ms Tebbutt—Mr Provest.
Question negatived.
7
KIAMA HARBOUR NORTHERN WHARF
Mr Gareth Ward moved, pursuant to notice, That this House:
(1)
Thanks the Minister for Roads and Ports for visiting the electorate of Kiama.
(2)
Commends the Minister for his grant to Kiama Municipal Council to construct the Northern
Wharf at Kiama Harbour.
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(3)
Commends the Kiama Boat Owners Association and Councillor Mark Way for their consistent
advocacy on this issue.
(4)
Sincerely thanks the Mayor of Kiama and Kiama Councillors for their partnership in this
important project.
Debate ensued.
Mr Kevin Humphreys, by leave, also spoke to the motion.
Question put and passed.
8
EDUCATION CUTS
Ms Noreen Hay moved, pursuant to notice, That this House:
(1)
Condemns the Premier and the Minister for Education for the $1.7 billion cuts to the education
budget, which are now directly impacting on students and parents.
(2)
Notes with concern that students are being asked to provide reams of paper, tissues, whiteboard
markers and other consumables to their school to get them through the year.
(3)
Calls on the Minister to rule out parents having to clean their children's school as a result of the
reduction in school cleaners’ hours.
(4)
Demands the Government stop penny pinching and provide school children with the appropriate
resources to help then with their education.
Debate ensued.
Ms Gabrielle Upton speaking—
_____________
It being 1.00 pm, debate interrupted for orders of the day (committee reports).
_____________
Ordered, That the resumption of the debate stand an order of the day for tomorrow.
9
REPORT OF THE PUBLIC ACCOUNTS COMMITTEE ENTITLED “REPORT ON THE
EXAMINATION OF THE AUDITOR-GENERAL’S PERFORMANCE AUDITS APRIL 2011 –
SEPTEMBER 2011”, REPORT 9/55, DATED MAY 2013
Question proposed—That the House take note of the report.
Debate ensued.
Question put and passed.
10
REPORT OF THE LEGISLATION REVIEW COMMITTEE ENTITLED “LEGISLATION
REVIEW DIGEST NO. 39/55” DATED 18 JUNE 2013
Question proposed—That the House take note of the report.
Debate ensued.
Ms Robyn Parker moved, That this debate be now adjourned.
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Question put and passed.
Ordered, That the resumption of the debate stand an order of the day for tomorrow.
11
REPORT OF THE LEGISLATION REVIEW COMMITTEE ENTITLED “LEGISLATION
REVIEW DIGEST NO. 40/55”, DATED 13 AUGUST 2013
Question proposed—That the House take note of the report.
In accordance with standing order 306 (6), debate postponed.
12
REPORT OF THE LEGISLATIVE ASSEMBLY COMMITTEE ON COMMUNITY SERVICES
ENTITLED “OUTSOURCING COMMUNITY SERVICE DELIVERY – INTERIM REPORT”,
REPORT 1/55, DATED AUGUST 2013
Question proposed—That the House take note of the report.
In accordance with standing order 306 (6), debate postponed.
_____________
The Acting Speaker (Mr John Barilaro) left the Chair at 1.15 pm.
The Deputy Speaker resumed the Chair at 2.15 pm.
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13
VACANCY IN THE REPRESENTATION OF THE STATE IN THE SENATE OF THE
COMMONWEALTH OF AUSTRALIA
(1)
The Deputy Speaker reported the following message from Her Excellency the Governor:
MARIE BASHIR
Governor
Office of the Governor
Sydney, 14 August 2013
Her Excellency the Governor transmits to the Legislative Assembly a copy of a despatch dated 9 August
2013, received from the President of the Senate, notifying that a vacancy has happened in the
representation of the State of New South Wales in the Senate of the Commonwealth of Australia through
the resignation of Senator the Honourable Matt Thistlethwaite which occurred on 9 August 2013.
The Senate
Canberra
9 August 2013
Your Excellency
Pursuant to the provisions of section 21 of the Commonwealth of Australia Constitution, I notify Your
Excellency that a vacancy has happened in the representation of the State of New South Wales through
the resignation of Senator the Honourable Matt Thistlethwaite on 9 August 2013.
Yours sincerely,
John Hogg
President of the Senate
(2)
Mr Brad Hazzard moved, That:
(1)
The House meet the Legislative Council for the purpose of sitting and voting together
to choose a person to hold the place in the Senate rendered vacant by the resignation of
Senator the Honourable Matt Thistlethwaite.
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(2)
A message be sent informing the Legislative Council of the resolution and requesting
the Legislative Council to fix a time and place for the joint sitting.
Question put and passed.
14
QUESTION TIME
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PAPERS
Mr Barry O’Farrell, by leave, tabled:
Letter from Arthur Sidinos, Chairman, Australian Water Holdings to Dr Thomas Parry, Chairman,
Sydney Water Corporation regarding the termination of contractual relationships between Australian
Water Holdings and Sydney Water Corporation, dated 29 August 2011.
Letter from Chris Eccles, Director-General, Department of Premier and Cabinet to Nicholas A Di
Girolamo, Chief Executive Officer, Australia Water Holdings Pty Ltd regarding contractual arrangements
between Australian Water Holdings Pty Ltd and Sydney Water Corporation, dated 27 September 2011.
_____________
(1)
Following a request from Mr Craig Baumann pursuant to standing order 131 (3), the Premier,
and Minister for Western Sydney provided additional information.
(2)
Following a request from Mr Matt Kean pursuant to standing order 131 (3), the Deputy Premier,
Minister for Trade and Investment, and Minister for Regional Infrastructure and Services provided
additional information.
_____________
Disorder: At 3.05 pm, the Deputy Speaker directed Ms Linda Burney to leave the Chamber until the
conclusion of Question Time.
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15
PAPER
Mr Victor Dominello tabled the report of the NSW Youth Advisory Council for 2012.
16
PUBLIC ACCOUNTS COMMITTEE
Mr Jonathan O’Dea, Chair, tabled the report of the Public Accounts Committee entitled “Quadrennial
Review of the Audit Office 2013”, Report 10/55, dated August 2013.
Ordered to be printed.
17
PETITIONS
(1)
The Clerk announced that the following members had each lodged petitions for presentation:
Mr Jamie Parker—from certain citizens requesting the implementation of the Callan Park Master Plan
and the establishment of the Callan Park and Broughton Hall Trust.
Mr Jamie Parker—from certain citizens requesting a moratorium on coal seam gas mining until a Royal
Commission into its impacts is conducted and requesting a ban on hydraulic fracturing extraction.
Mr Alex Greenwich—from certain citizens requesting the provision of bus services to the Walsh Bay
precinct and the provision of ferry services to the new wharf at Pier 2/3.
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Mr Alex Greenwich—from certain citizens opposing the amendments to the Game and Feral Animal
Control Act 2002.
Mr Alex Greenwich—from certain citizens requesting the banning of pig-dog hunting in New South
Wales.
Mr Alex Greenwich—from certain citizens requesting that the ban on duck hunting be retained.
Mr Alex Greenwich—from certain citizens requesting that the Government retain and properly maintain
inner city social housing.
Mr Alex Greenwich—from certain citizens requesting a container deposit levy be introduced in New
South Wales.
(2)
The Clerk also announced that the following member had lodged a petition for presentation
signed by 500 or more persons:
Mr Andrew Fraser—from certain citizens requesting funding for repairs to the Bellinger River District
Hospital.
18
JOINT SELECT COMMITTEE ON SENTENCING OF CHILD SEXUAL ASSAULT
OFFENDERS
Mr Brad Hazzard moved, by leave, That:
(1)
A Joint Parliamentary Select Committee be appointed to inquire into and report on:
(a)
(b)
(2)
In examining this issue the Committee should have regard to:
(a)
(b)
(c)
(d)
(3)
whether current sentencing options for perpetrators of child sexual assault remain
effective; and
whether greater consistency in sentencing and improving public confidence in the
judicial system could be achieved through alternative sentencing options, including but
not limited to minimum mandatory sentencing and anti-androgenic medication.
the current sentencing patterns for child sexual assault;
the operation of the standard minimum non-parole scheme;
the experience of other jurisdictions with alternative sentencing options; and
the NSW Law Reform Commission’s Report 139 on Sentencing.
The Committee to consist of seven members as follows:
(a)
(b)
(c)
four from the Government, three being members of the Legislative Assembly and one a
Member of the Legislative Council;
two from the Opposition, one being a Member of the Legislative Assembly and one a
Member of the Legislative Council; and
one cross-bench member of the Legislative Council.
(4)
The members shall be nominated in writing to the Clerk of the Legislative Assembly and Clerk
of the Parliaments by the relevant party leaders and the cross-bench members respectively by
Friday 23 August 2013. In the absence of any agreement concerning the membership of the
Committee the matter is to be determined by the relevant House.
(5)
That at any meeting of the Committee four members shall constitute a quorum, provided that the
Committee meets as a joint committee at all times.
(6)
The Committee have leave to make visits of inspection within the State of New South Wales and
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other states and territories of Australia.
(7)
A message be sent to the Legislative Council requesting the Legislative Council to agree to the
resolution, and to fix a time and place for the first meeting.
Debate ensued.
Question put and passed.
19
TOTALIZATOR AMENDMENT (EXCLUSIVITY) BILL
Mr George Souris moved, pursuant to notice, That a bill be now introduced for an Act to amend the
Totalizator Act 1997 to authorise an extension of the exclusivity period for the conduct of totalizators.
Question put and passed.
Bill introduced and read a first time.
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PAPER
Mr George Souris tabled, by leave, a copy of the deed poll executed by TAB Limited on 19 June 2013 for
the Totalizator Amendment (Exclusivity) Bill 2013.
_____________
Mr George Souris moved, That this bill be now read a second time.
Debate adjourned (Mr Paul Lynch) and the resumption of the debate made an order of the day for a future
day.
20
SECURITY INDUSTRY AMENDMENT (LICENCES) BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Greg
Smith, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put and passed.
Bill read a second time.
Mr Craig Baumann, on behalf of Mr Greg Smith, moved, That this bill be now read a third time.
Question put and passed.
Bill read a third time.
21
BUDGET ESTIMATES AND RELATED PAPERS 2013-2014
The order of the day was read for the resumption of the interrupted debate, on the motion of Mr Mike
Baird, That this House take note of the Budget Estimates and related papers for 2013-2014.
Question again proposed and debate resumed.
Mr Jonathan O’Dea obtained an extension of time.
Debate continued.
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Thursday 15 August 2013
Mr Chris Patterson speaking—
_____________
It being 4.30 pm, debate interrupted for discussion of petition signed by 10,000 or more persons.
_____________
Ordered, That the resumption of the debate stand an order of the day for tomorrow.
22
DISCUSSION OF PETITION SIGNED BY 10,000 OR MORE PERSONS—ALBION PARK
AEROMEDICAL SERVICES
The order of the day was read for the discussion of the petition signed by 10,000 or more persons
presented by Mr Gareth Ward, namely:
From certain citizens requesting the retention of aeromedical services operating out of Albion Park.
Discussion ensued.
Mr Gareth Ward sought leave for an extension of time of two minutes.
Leave not granted.
Discussion continued and concluded.
23
COMMUNITY RECOGNITION STATEMENTS
24
PRIVATE MEMBERS’ STATEMENTS
25
ADJOURNMENT
The House adjourned, pursuant to standing and sessional orders, at 6.28 pm, until Tuesday 20 August
2013, at 12.00 noon.
Attendance: All members present except Mr Stephen Bromhead, Ms Cherie Burton, Mr Charles
Casuscelli, Mr Andrew Constance, Mrs Tanya Davies, Mrs Shelley Hancock, Mr Chris Holstein, Mr
Geoff Provest and Ms Carmel Tebbutt.
RONDA MILLER
Clerk of the Legislative Assembly
SHELLEY HANCOCK
Speaker
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Authorised by the Parliament of New South Wales