1471
LEGISLATIVE ASSEMBLY
2011-12-13
FIRST SESSION OF THE FIFTY-FIFTH PARLIAMENT
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VOTES AND PROCEEDINGS
No. 130
TUESDAY 12 MARCH 2013
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1
MEETING OF THE HOUSE
The House met at 12.00 noon pursuant to adjournment. The 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)
3
PRIVATE MEMBERS’ STATEMENTS
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The Acting Speaker (Mr John Barilaro) left the Chair at 1.27 pm.
The Speaker resumed the Chair at 2.15 pm.
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4
RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE
GOVERNOR
The Speaker reported the following message from Her Excellency the Governor:
MARIE BASHIR
Governor
Office of the Governor
Sydney, 28 February 2013
Professor Marie Bashir, Governor of New South Wales has the honour to inform the Legislative
Assembly that she re-assumed the administration of the government of the State on Thursday, 28
February 2013.
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5
MESSAGES FROM THE GOVERNOR
The Speaker reported messages from Her Excellency the Governor assenting to the following bills:
28 February 2013
Act No. 1
Courts and Other Legislation Further Amendment Bill
4 March 2013
Act No. 2
Act No. 3
Civil and Administrative Tribunal Bill
Property, Stock and Business Agents Amendment Bill.
6
NOTICES OF MOTIONS
7
NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
Mr Dominic Perrottet—State Infrastructure.
Dr Andrew McDonald—Health Funding.
8
QUESTION TIME
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(1)
Following a request from Mr Gareth Ward pursuant to standing order 131 (3), the Treasurer, and
Minister for Industrial Relations provided additional information.
(2)
Following a request from Mr Stephen Bromhead pursuant to standing order 131 (3), the Minister
for Primary Industries, and Minister for Small Business provided additional information.
_____________
PAPER
Mr Michael Daley sought leave to table a copy of a resolution passed by the Medical Staff Council of the
Prince of Wales Hospital.
Leave not granted.
_____________
9
PAPER
Ms Katrina Hodgkinson tabled the report of the Livestock Health and Pest Authorities for the year ended
30 June 2012.
10
OMBUDSMAN
The Speaker, in accordance with section 169 of the Police Act 1990, announced receipt of the report of
the NSW Ombudsman entitled “Ombudsman monitoring of the police investigation into the death of
Roberto Laudisio-Curti”, dated February 2013 (received 28 February 2013).
Ordered to be printed.
11
LEGISLATION REVIEW COMMITTEE
Mr Stephen Bromhead, Chair, tabled the report of the Legislation Review Committee entitled
“Legislation Review Digest No. 32/55”, dated 12 March 2013.
Ordered to be printed.
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Mr Stephen Bromhead also tabled the minutes of the committee meeting regarding Legislation Review
Digest No. 31/55.
12
STATUTORY RULES AND INSTRUMENTS
The Clerk tabled notices of the making of the following statutory rules and instruments published on the
Legislation Website (LW) or in the Government Gazette (GG):
(1)
For the week ended 1 March 2013
Building Professionals Act 2005—Building Professionals Amendment Regulation 2013 (LW 1 March
2013).
Children and Young Persons (Care and Protection) Act 1998—Children and Young Persons (Care and
Protection) Amendment (Code of Conduct) Regulation 2013 (LW 1 March 2013).
Civil Procedure Act 2005—Practice Note—Amendment of Local Court Practice Note Civ 1 – Case
Management of Civil Proceedings in the Local Court (GG No. 31 of 1 March 2013, p 537).
Environmental Planning and Assessment Act 1979—Environmental Planning and Assessment
Amendment Regulation 2013 (LW 1 March 2013).
Firearms Act 1996—Firearms Amendment (Ammunition and Club Armourers) Regulation 2013 (LW 1
March 2013).
Industrial Relations Act 1996—Industrial Relations (General) Amendment (Registration) Regulation
2013 (LW 1 March 2013).
Mining Act 1992—Mining Amendment (Minimum Security Deposits) Regulation 2013 (LW 1 March
2013).
Racing Administration Act 1998—Racing Administration Amendment (Fees) Regulation 2013 (LW 1
March 2013).
(2)
For the week ended 8 March 2013
Civil Procedure Act 2005—Uniform Civil Procedure Rules (Amendment No. 57) 2013 (LW 8 March
2013).
Environmental Planning and Assessment Act 1979—Environmental Planning and Assessment
Amendment (Paper Subdivisions) Regulation 2013 (LW 8 March 2013).
13
PETITIONS
(1)
The Clerk announced that the following members had each lodged petitions for presentation:
Mr Adrian Piccoli—from certain citizens requesting sufficient palliative care services and additional
funds to support training of palliative care workers.
Mr Richard Amery—from certain citizens opposing the cuts to education, TAFE and school funding.
Mr Alex Greenwich—from certain citizens requesting that overhead cables be buried underground.
Mr Alex Greenwich—from certain citizens requesting that companion animals be allowed to travel on all
public transport.
Mr Alex Greenwich—from certain citizens requesting the provision of bus services to the Walsh Bay
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precinct and the provision of ferry services to the new wharf at Pier 2/3.
Mr Alex Greenwich—from certain citizens requesting the banning of pig-dog hunting in New South
Wales.
Mr Alex Greenwich—from certain citizens opposing the sale of animals in pet shops.
Mr Alex Greenwich—from certain citizens requesting increased mental health support for people with
mental illness who are tenants of Housing NSW and Community 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 members had each lodged petitions for presentation
signed by 500 or more persons:
Mr Alex Greenwich—from certain citizens requesting the establishment of a public high school in the
Sydney electorate.
Mr Richard Amery—from certain citizens requesting the gazettal of a public holiday for the Newcastle
Region Show Day in 2013.
14
SPEAKER’S STATEMENT—LAPSING OF GENERAL BUSINESS
The Speaker made a statement in relation to the application of the new sessional order on the lapsing of
general business.
The Speaker obtained the leave of the House for general business orders of the day (for bills) no. 1
(Environmental Planning and Assessment Amendment (Demolition Orders) Bill) and general business
orders of the day (for bills) no. 2 (Retail Leases Amendment (Mediation) Bill) to lapse 12 months from
the date notice was given for the bills.
15
PLACING OR DISPOSAL OF BUSINESS—LAPSING OF GENERAL BUSINESS
The Speaker advised the House that in accordance with standing order 105 (3), general business notice of
motion (for bills) no. 1 (Crimes Amendment (Law Reform Commission—Complicity) Bill) and general
business notices of motions (general notices) nos 968 to 974, 997 to 1006, 1021 to 1023, 1087 to 1093,
1128 to 1151, 1195 to 1205, 1268, 1269, 1295 to 1300, 1346 to 1356, 1373 to 1375, 1423 to 1436, 1446
to 1451, 1486 to 1493, 1519 to 1526, 1561 to 1564, 1599 to 1606,1643 to 1655, 1696 to 1706, 1729 to
1742, 1766 to 1769, 1789 to 1803, 1841 to 1845, 1870 to 1882, 1907 to 1917, 1937 to 1939, 1962 to
1969, 2008 to 2014, 2036 to 2063, 2175 to 2195, 2197 to 2199, 2306 to 2355 and 2337 to 2349, had
lapsed.
16
NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
(1)
Mr Dominic Perrottet made a statement in support of his notice being accorded priority over the
other business of the House.
(2)
Dr Andrew McDonald also made a statement in support of his notice being accorded priority—
That this House:
(1)
Condemns the Minister for Health’s $7 million cut to the staffing budgets at hospitals
across south-west Sydney.
(2)
Calls on local south-west Sydney members of Parliament, including the members for
Campbelltown, Wollondilly, Smithfield, Camden, and Menai to oppose the
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Government’s damaging cuts to the Health budget.
Question—That the motion of the member for Castle Hill be accorded priority—put.
The House divided.
AYES 67
Mr Anderson, Mr Annesley, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Mr Bassett, Mr Baumann, Ms
Berejiklian, Mr Bromhead, Mr Brookes, Mr Casuscelli, Mr Conolly, Mr Constance, Mr Cornwell, Mr
Coure, Mrs Davies, Mr Dominello, Mr Doyle, Mr Edwards, Mr Elliott, Mr Evans, Mr Flowers, Mr
Fraser, Mr Gee, Ms Gibbons, Ms Goward, Mr Grant, Mr Gulaptis, Mr Hartcher, Mr Hazzard, Ms
Hodgkinson, Mr Holstein, Mr Humphries, Mr Issa, Mr Kean, Dr Lee, Mr Notley-Smith, Mr O’Dea, Mr
Owen, Mr Page, Ms Parker, Mr Patterson, Mr Perrottet, Mr Piccoli, Mr Piper, Mr Provest, 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.
NOES 20
Mr Barr, Ms Burney, Mr Daley, Mr Furolo, Ms Hay, Mr Hoenig, Ms Hornery, Mr Lynch, Dr McDonald,
Ms Mihailuk, Mr Park, Mr Parker, Mrs Perry, Mr Rees, Mr Robertson, Ms Tebbutt, Ms Watson and Mr
Zangari.
Tellers: Mr Amery and Mr Lalich.
In the Chair: Mr George.
Pair: Mr O’Farrell—Ms Burton.
Question passed.
17
MOTION ACCORDED PRIORITY—STATE INFRASTRUCTURE
Mr Dominic Perrottet moved, pursuant to notice, That this House:
(1)
Notes that in 16 years the Labor Government promised 12 new rail lines, yet delivered only half
of one rail line for double the forecast cost.
(2)
Notes that the Leader of the Opposition and his party oppose the North-West Rail Link and the
CBD light rail.
(3)
Notes that the Federal Government opposes the Westconnex project.
(4)
Calls on the New South Wales Opposition and the Federal Government to stop impeding
infrastructure construction in New South Wales.
Debate ensued.
Question put.
The House divided.
AYES 65
Mr Anderson, Mr Annesley, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Mr Bassett, Mr Baumann, Ms
Berejiklian, Mr Bromhead, Mr Brookes, Mr Conolly, Mr Constance, Mr Cornwell, Mrs Davies, Mr
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Dominello, Mr Doyle, Mr Edwards, Mr Elliott, Mr Evans, Mr Flowers, Mr Fraser, Mr Gee, Ms Gibbons,
Ms Goward, Mr Grant, Mr Gulaptis, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mr Holstein, Mr
Humphries, Mr Issa, Mr Kean, Dr Lee, Mr Notley-Smith, Mr O’Dea, Mr Owen, Mr Page, Ms Parker, Mr
Patterson, Mr Perrottet, Mr Piper, Mr Provest, 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, Mr
Torbay, Ms Upton, Mr Ward, Mr Webber, Mr R.C. Williams and Mrs Williams.
Tellers: Mr Maguire and Mr J.D. Williams.
NOES 20
Mr Barr, Ms Burney, Mr Daley, Mr Furolo, Ms Hay, Mr Hoenig, Ms Hornery, Mr Lynch, Dr McDonald,
Ms Mihailuk, Mr Park, Mr Parker, Mrs Perry, Mr Rees, Mr Robertson, Ms Tebbutt, Ms Watson and Mr
Zangari.
Tellers: Mr Amery and Mr Lalich.
In the Chair: Mr George.
Pair: Mr Piccoli—Ms Burton.
Question passed.
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It being after 4.00 pm, government business proceeded with.
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18
SMALL BUSINESS COMMISSIONER BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Ms Katrina
Hodgkinson, That this bill be now read a second time.
Question again proposed and debate resumed.
Mr Daryl Maguire obtained an extension of time.
Debate continued.
Question put and passed.
Bill read a second time.
Ms Katrina Hodgkinson having requested the bill be considered in detail—
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The Assistant Speaker, by leave, proposed the bill in groups of clauses and schedules.
Clauses 1 to 14
Question—That the clauses be agreed to—put and passed.
Clause 15
Question proposed—That the clause be agreed to.
Ms Katrina Hodgkinson moved:
No. 1
Page 6, clause 15. Insert after line 18:
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(b)
the complaint relates to an unfair contract to which the small business is a
party, or
Question proposed—That the amendment be agreed to.
Question put and passed—amendment agreed to.
Question—That the clause, as amended, be agreed to—put and passed.
Clause 16
Question—That the clause be agreed to—put and passed.
New clause 17
Ms Katrina Hodgkinson moved:
No. 2
Page 7. Insert after line 8:
17
Alternative dispute resolution required before proceedings can be taken
(1)
If an application is made to the Commissioner for assistance in resolving a
complaint or other dispute involving a small business and the Commissioner
decides to deal with the complaint or dispute, the matter to which the
complaint relates or the dispute may not be the subject of any proceedings
before any court unless and until the Commissioner has certified in writing that
alternative dispute resolution services provided by the Commissioner under
this Act have failed to resolve the matter or dispute.
(2)
The Commissioner is to certify that alternative dispute resolution services have
failed to resolve a complaint or other dispute involving a small business if the
Commissioner is satisfied that any one or more of the parties involved in the
matter or dispute has refused to take part in, or has withdrawn from, alternative
dispute resolution services provided by the Commissioner.
(3)
This section does not apply to or in respect of the following:
(a)
proceedings before a court for an order in the nature of an injunction,
(b)
proceedings for an offence,
(c)
proceedings in relation to an industrial matter before the Industrial
Relations Commission,
(d)
a retail tenancy dispute within the meaning of the Retail Leases Act
1994.
(4)
This section does not operate to affect the validity of any decision made by a
court.
Question proposed—That the amendment be agreed to.
Debate ensued.
Question put and passed—amendment agreed to.
Clauses 17 to 32
Question—That the clauses be agreed to—put and passed.
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Schedule 1
Question—That the schedule be agreed to—put and passed.
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Ms Katrina Hodgkinson moved, That this bill be now read a third time.
Question put and passed.
Bill read a third time.
19
LOCAL COURT AMENDMENT (COMPANY TITLE HOME UNIT DISPUTES) 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 Greg Smith moved, That this bill be now read a third time.
Question put and passed.
Bill read a third time.
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It being before 7.00 pm, private members’ statements proceeded with.
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20
PRIVATE MEMBERS’ STATEMENTS
21
MATTER OF PUBLIC IMPORTANCE—MURRAY-DARLING BASIN PLAN
The Speaker previously informed the House of receipt from Mr John Williams of a notice of a matter of
public importance, namely:
Murray-Darling Basin Plan.
Discussion ensued and concluded.
22
ADJOURNMENT
The House adjourned, pursuant to standing and sessional orders, at 7.20 pm, until tomorrow, at 10.00 am.
Attendance: All members present except Ms Cherie Burton.
RONDA MILLER
Clerk of the Legislative Assembly
SHELLEY HANCOCK
Speaker
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Authorised by the Parliament of New South Wales