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PARLIAMENT OF NEW SOUTH WALES
LEGISLATIVE ASSEMBLY
2007-08-09-10
FIRST SESSION OF THE FIFTY-FOURTH PARLIAMENT
___________________
VOTES
AND
PROCEEDINGS
No. 232
WEDNESDAY 1 DECEMBER 2010
___________________
1
MEETING OF THE HOUSE
The House met at 10.00 am pursuant to adjournment.
The Speaker took the Chair and read the prayer and the acknowledgement of Country.
2
MESSAGE FROM THE LEGISLATIVE COUNCIL
The Speaker reported a message from the Legislative Council dated 30 November 2010,
returning the Vocational Education and Training (Commonwealth Powers) Bill, without
amendment.
3
MESSAGE FROM THE LEGISLATIVE COUNCIL—PUBLIC HEALTH BILL
The Speaker reported the following message from the Legislative Council:
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Wednesday 1 December 2010
Mr SPEAKER
The Legislative Council has this day agreed to the “Public Health Bill 2010” with the
amendment indicated by the accompanying schedule, in which amendment the Council requests
the concurrence of the Legislative Assembly.
Legislative Council
30 November 2010
HELEN WESTWOOD
Deputy President
________________
PUBLIC HEALTH BILL
Schedule of the amendment referred to in the message of 30 November 2010.
LYNN LOVELOCK
Clerk of the Parliaments
Page 74, clause 134, line 17. Omit all words on that line. Insert instead:
(r)
the embalming, interment, disposal and exhumation of the bodies of deceased
persons,
(s)
the preparation rooms, equipment and apparatus in mortuaries, crematories and
cemeteries, and any other matter relating to mortuaries, crematories and
cemeteries that is for the protection of the health of the public,
(t)
the inspection of mortuaries, crematories and cemeteries and of premises that
may reasonably be suspected of being mortuaries, crematories or cemeteries,
(u)
the records to be kept in relation to mortuaries, crematories and cemeteries, and
the inspection of records (including the making of copies or extracts from such
records by or for authorised officers and the public), equipment and apparatus
in mortuaries, crematories and cemeteries or premises that may reasonably be
suspected of being mortuaries, crematories or cemeteries,
(v)
the fees that may be charged for the cremation of human remains, for the
preservation or disposal of the ashes and for related services,
Examined
KAYEE GRIFFIN
Chair of Committees
________________
Ordered by the Speaker, That the amendment made by the Legislative Council in the bill be
taken into consideration at a later time.
4
NOTICES OF MOTIONS (GENERAL NOTICES)
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5
RURAL FIRES AMENDMENT BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr
Whan, That this bill be now agreed to in principle.
Question again proposed and debate resumed.
Question put and passed.
Bill agreed to in principle.
The Assistant Speaker (Mr McBride) declared the bill to have passed the House.
6
EDUCATION AMENDMENT (ETHICS) BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Ms
Firth, That this bill be now agreed to in principle.
Question again proposed and debate resumed.
Question put.
The House divided.
AYES 50
Mr Amery, Ms Andrews, Mr Aquilina, Ms Beamer, Mr Besseling, Mr Brown, Ms Burney, Ms
Burton, Mr Campbell, Mr Collier, Mr Coombs, Mr Corrigan, Mr Costa, Ms D’Amore, Ms Firth,
Ms Gadiel, Mr Gibson, Mr Greene, Mr Harris, Ms Hay, Mr Hickey, Ms Hornery, Ms Judge, Ms
Keneally, Mr Khoshaba, Mr Koperberg, Mr Lalich, Mr Lynch, Mr McBride, Dr McDonald, Ms
McKay, Mr McLeay, Ms McMahon, Ms Megarrity, Ms Moore, Mr Morris, Mr Pearce, Mrs
Perry, Mr Piper, Mr Rees, Mr Sartor, Mr Shearan, Mr Stewart, Ms Tebbutt, Mr Terenzini, Mr
Tripodi, Mr West and Mr Whan.
Tellers: Mr Ashton and Mr Martin.
NOES 36
Mr Aplin, Mr Ayres, Mr Baird, Mr Baumann, Ms Berejiklian, Mr Cansdell, Mr Constance, Mr
Dominello, Mr Draper, Mrs Fardell, Mr Fraser, Ms Goward, Mrs Hancock, Mr Hartcher, Mr
Hazzard, Ms Hodgkinson, Mrs Hopwood, Mr Humphries, Mr Merton, Mr O’Dea, Mr O’Farrell,
Mr Page, Mr Piccoli, Mr Provest, Mr Richardson, Mr Roberts, Mrs Skinner, Mr Smith, Mr
Souris, Mr Stokes, Mr J.H. Turner, Mr R.W. Turner, Mr J.D. Williams and Mr R.C. Williams.
Tellers: Mr George and Mr Maguire.
Question passed.
Bill agreed to in principle.
The Speaker declared the bill to have passed the House.
In the Chair: Mr Torbay.
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7
WORKERS’ COMPENSATION (DUST DISEASES) AMENDMENT BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr
Daley, That this bill be now agreed to in principle.
Question again proposed and debate resumed.
Question put and passed.
Bill agreed to in principle.
The Acting Speaker (Mr Campbell) declared the bill to have passed the House.
8
CRIMES (SERIOUS SEX OFFENDERS) AMENDMENT BILL
The order of the day was read.
Mr Collier, on behalf of Ms Tebbutt, moved, That this bill be now agreed to in principle.
Debate ensued.
Question put and passed.
Bill agreed to in principle.
The Assistant Speaker (Ms Megarrity) declared the bill to have passed the House.
9
MESSAGE FROM THE LEGISLATIVE COUNCIL—ROAD TRANSPORT (DRIVER
LICENSING) AMENDMENT BILL
The Assistant Speaker (Ms Megarrity) reported the following message from the Legislative
Council:
Mr SPEAKER
The Legislative Council has this day agreed to the “Road Transport (Driver Licensing)
Amendment Bill 2010” with the amendment indicated by the accompanying schedule, in which
amendment the Council requests the concurrence of the Legislative Assembly.
Legislative Council
1 December 2010
KAYEE GRIFFIN
Deputy President
________________
ROAD TRANSPORT (DRIVER LICENSING) AMENDMENT BILL
Schedule of the amendment referred to in the message of 1 December 2010.
LYNN LOVELOCK
Clerk of the Parliaments
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Wednesday 1 December 2010
Page 3, Schedule 1. Insert after line 2:
[1]
Section 14 Demerit points register
Omit “convicted, or found guilty, of an offence” from section 14 (2)
(a). Insert instead “convicted of an offence”.
[2]
Section 14 (3A)
Insert after section 14 (3):
(3A)
To avoid doubt, the Authority is not to record demerit points
against a person under this Division in respect of an offence if
the court makes an order under section 10 of the Crimes
(Sentencing Procedure) Act 1999 in respect of the offence.
Examined
CHRISTINE ROBERTSON
Acting Chair of Committees
________________
Ordered by the Assistant Speaker, That the amendment made by the Legislative Council in the
bill be taken into consideration at a later time.
_____________
The Assistant Speaker (Ms Megarrity) left the Chair at 1.13 pm.
The Speaker resumed the Chair at 2.15 pm.
_____________
10
NOTICES OF MOTIONS
11
NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
Dr McDonald—National Health Reforms.
Ms Goward—Belmont Baby Death.
12
QUESTION TIME
13
PAPERS
(1)
Ms Tebbutt tabled:
Reports for the year ended 30 June 2010 of – Mental Health Review Tribunal; Law and Justice
Foundation; Professional Standards Department of the Law Society of New South Wales
(Volumes One and Two); and the Public Defenders.
Report of the Australian Health Practitioner Regulatory Agency for the 16 month period ended
30 June 2010.
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Report of the Law Society of New South Wales Committees for 2010.
(2)
Mr Aquilina, on behalf of Ms Keneally, tabled:
Reports for the year ended 30 June 2010 of – Department of Premier and Cabinet; RedfernWaterloo Authority; Australian Technology Park; and the Barangaroo Delivery Authority.
(3)
Mr Sartor tabled:
Implementation Report on the NSW Forest Agreements and Integrated Forestry Operations
Approvals for the Upper North East, Lower North East, Eden and Southern regions for the year
ended 30 June 2008.
Report of the NSW Climate Change Fund for the year ended 30 June 2010.
14
AUDITOR-GENERAL
The Clerk, in accordance with section 63C of the Public Finance and Audit Act 1983,
announced receipt of the Auditor-General’s Report for 2010, Volume Eight (received 1
December 2010).
15
PETITIONS
(1)
The Clerk announced that the following members had each lodged petitions for
presentation:
Mr Cansdell—from certain citizens opposing job cuts from the Northern Rivers Area Health
Service, particularly Grafton and Maclean Hospitals.
Mr Cansdell—from certain citizens requesting support for the Summary Offences Amendment
(Full-face Covering) Bill 2010.
Mr Cansdell and Mr Dominello—from certain citizens opposing the proposed public schools
ethics classes and requesting support for scripture classes.
Mr Fraser—from certain citizens opposing certain proposals in the Draft Master Plan and Land
Use Strategy for the Coffs Harbour Showground and Recreation Reserve.
Mr Torbay—from certain citizens requesting an inquiry into the Barangaroo site development
processes and the creation of a Bays Renewal Committee for Sydney Harbour.
Mr Cansdell—from certain citizens requesting a 24-hour day police presence in Yamba.
Mr Cansdell—from certain citizens requesting the establishment and funding of a Police
Citizens Youth Club in the Clarence electorate.
Mr Cansdell—from certain citizens requesting the consideration of certain matters before the
determination of a preferred site for a new bridge over the Clarence River at Grafton.
Mr Cansdell—from certain citizens requesting construction to commence on the new bridge
over the Clarence River at Grafton.
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Ms Moore—from certain citizens requesting an increased and subsequently maintained level of
funding for mental health services.
(2)
The Clerk announced that the following members had each lodged petitions for
presentation signed by 500 or more persons:
Mr Maguire—from certain citizens requesting funding and the nomination of a start date in the
current Parliamentary term for the construction of a new Wagga Wagga Base Hospital.
Ms Moore—from certain citizens requesting an inquiry into the Barangaroo site development
processes and the creation of a Bays Renewal Committee for Sydney Harbour.
Mr Hartcher—from certain citizens opposing the construction of an Energy Australia high
voltage substation in Empire Bay.
Mr Piper— from certain citizens requesting the upgrade of Main Road 217 at Cary Street
between The Boulevarde and Bay Street, Toronto.
Ms Moore—from certain citizens opposing the sale of animals in pet shops.
Mr Piper—from certain citizens opposing any proposal to conduct offshore seismic and drilling
exploration for gas or oil off the east coast of New South Wales.
(3)
The Clerk also announced receipt of the following ministerial response to a petition
signed by 500 or more persons:
The Hon F Sartor—Burrill Lake—lodged 27 October 2010 (Mrs Hancock).
16
RE-ORDERING OF GENERAL BUSINESS
Ms Berejiklian moved, That the general business notice of motion (general notice) given by her
this day (North West Rail Link) have precedence on Thursday 2 December 2010.
Debate ensued.
Question put.
The House divided.
AYES 41
Mr Aplin, Mr Ayres, Mr Baird, Mr Baumann, Ms Berejiklian, Mr Besseling, Mr Cansdell, Mr
Constance, Mr Debnam, Mr Dominello, Mr Draper, Mrs Fardell, Mr Fraser, Ms Goward, Mrs
Hancock, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, Mr Humphries, Mr
Merton, Ms Moore, Mr O’Dea, Mr O’Farrell, Mr Page, Mr Piccoli, Mr Piper, Mr Provest, Mr
Richardson, Mr Roberts, Mrs Skinner, Mr Smith, Mr Souris, Mr Stokes, Mr Stoner, Mr J.H.
Turner, Mr R.W. Turner, Mr J.D. Williams and Mr R.C. Williams.
Tellers: Mr George and Mr Maguire.
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NOES 48
Mr Amery, Ms Andrews, Mr Aquilina, Ms Beamer, Mr Borger, Mr Brown, Ms Burney, Ms
Burton, Mr Campbell, Mr Collier, Mr Coombs, Mr Corrigan, Mr Costa, Ms D’Amore, Mr
Daley, Ms Firth, Ms Gadiel, Mr Gibson, Mr Greene, Mr Harris, Ms Hay, Mr Hickey, Ms
Hornery, Ms Judge, Mr Khoshaba, Mr Koperberg, Mr Lalich, Mr Lynch, Mr McBride, Dr
McDonald, Ms McKay, Mr McLeay, Ms McMahon, Ms Megarrity, Mr Morris, Mr Pearce, Mrs
Perry, Mr Rees, Mr Sartor, Mr Shearan, Mr Stewart, Ms Tebbutt, Mr Terenzini, Mr Tripodi, Mr
West and Mr Whan.
Tellers: Mr Ashton and Mr Martin.
In the Chair: Mr Torbay.
Question negatived.
17
PLACING OR DISPOSAL OF BUSINESS—LAPSING OF GENERAL BUSINESS
The Speaker advised the House that in accordance with standing order 105 (3), general business
order of the day (for bills) no. 3 and general business notices of motions (general notices) nos
1155 to 1163, either not having commenced or not been completed, would lapse tomorrow.
18
SUSPENSION OF STANDING ORDERS—ROUTINE OF BUSINESS
Mr Aquilina moved, That standing orders be suspended to provide for the following routine of
business after the motion accorded priority at this sitting:
(1)
(2)
(3)
(4)
(5)
Matter of public importance;
Private members’ statements at the conclusion of the matter of public importance;
The Speaker to leave the Chair at the conclusion of private members’ statements;
The Speaker to resume the Chair at 7.30 pm for the presentation of valedictory
speeches; and
The House to adjourn without motion moved at the conclusion of valedictory speeches.
Question put and passed.
19
NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
(1)
Dr McDonald made a statement in support of his notice being accorded priority over the
other business of the House.
(2)
Ms Goward also made a statement in support of her notice being accorded priority—
That this House:
(1)
Notes that:
(a)
(b)
(c)
The Government implemented a $1.2 billion, 5 year program to
improve child protection in New South Wales in 2002;
At the end of the billion dollar program, the problems in the
Department of Community Services were so immense that a Special
Commission of Inquiry was held; and
Two years later, key recommendations have still failed to be
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implemented.
(2)
Has no confidence in the ability or the commitment of the Government to
improve child protection in New South Wales.
Question—That the motion of the member for Macquarie Fields be accorded priority—put.
The House divided.
AYES 49
Mr Amery, Ms Andrews, Mr Aquilina, Ms Beamer, Mr Borger, Mr Brown, Ms Burney, Ms
Burton, Mr Campbell, Mr Collier, Mr Coombs, Mr Corrigan, Mr Costa, Ms D’Amore, Mr
Daley, Ms Firth, Mr Furolo, Ms Gadiel, Mr Gibson, Mr Greene, Mr Harris, Ms Hay, Mr
Hickey, Ms Hornery, Ms Judge, Mr Khoshaba, Mr Koperberg, Mr Lalich, Mr Lynch, Mr
McBride, Dr McDonald, Ms McKay, Mr McLeay, Ms McMahon, Ms Megarrity, Mr Morris, Mr
Pearce, Mrs Perry, Mr Rees, Mr Sartor, Mr Shearan, Mr Stewart, Ms Tebbutt, Mr Terenzini, Mr
Tripodi, Mr West and Mr Whan.
Tellers: Mr Ashton and Mr Martin.
NOES 38
Mr Aplin, Mr Ayres, Mr Baird, Mr Baumann, Ms Berejiklian, Mr Besseling, Mr Cansdell, Mr
Constance, Mr Debnam, Mr Dominello, Mr Draper, Mr Fraser, Ms Goward, Mrs Hancock, Mr
Hartcher, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, Mr Humphries, Mr Merton, Mr O’Dea,
Mr O’Farrell, Mr Page, Mr Piccoli, Mr Piper, Mr Provest, Mr Richardson, Mr Roberts, Mrs
Skinner, Mr Smith, Mr Stokes, Mr Stoner, Mr J.H. Turner, Mr R.W. Turner, Mr J.D. Williams
and Mr R.C. Williams.
Tellers: Mr George and Mr Maguire.
In the Chair: Mr Torbay.
Question passed.
20
MESSAGES FROM THE LEGISLATIVE COUNCIL
The Speaker reported messages from the Legislative Council returning the following bills
without amendment:
1 December 2010
Contract Cleaning Industry (Portable Long Service Leave Scheme) Bill
Long Service Corporation Bill.
21
PERSONAL EXPLANATION
Mr Provest, by leave, made a personal explanation in relation to comments made by the Premier
during Question Time.
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Wednesday 1 December 2010
22
MOTION ACCORDED PRIORITY—NATIONAL HEALTH REFORMS
Dr McDonald moved, pursuant to notice, That this House expresses its support for national
health reform, which will deliver over $6 billion in funding and 488 beds to New South Wales
Upon which Mrs Skinner moved, That the motion be amended by leaving out all words after
“reform”.
Question proposed—That the words proposed to be left out stand.
Debate continued.
Question put.
The House divided.
AYES 49
Mr Amery, Ms Andrews, Mr Aquilina, Ms Beamer, Mr Borger, Mr Brown, Ms Burney, Ms
Burton, Mr Campbell, Mr Collier, Mr Coombs, Mr Corrigan, Mr Costa, Ms D’Amore, Mr
Daley, Ms Firth, Mr Furolo, Ms Gadiel, Mr Gibson, Mr Greene, Mr Harris, Ms Hay, Mr
Hickey, Ms Hornery, Ms Judge, Mr Khoshaba, Mr Koperberg, Mr Lalich, Mr Lynch, Mr
McBride, Dr McDonald, Ms McKay, Mr McLeay, Ms McMahon, Ms Megarrity, Ms Moore, Mr
Morris, Mr Pearce, Mr Rees, Mr Sartor, Mr Shearan, Mr Stewart, Ms Tebbutt, Mr Terenzini, Mr
Tripodi, Mr West and Mr Whan.
Tellers: Mr Ashton and Mr Martin.
NOES 38
Mr Aplin, Mr Ayres, Mr Baird, Mr Baumann, Ms Berejiklian, Mr Besseling, Mr Cansdell, Mr
Constance, Mr Debnam, Mr Dominello, Mr Draper, Mrs Fardell, Mr Fraser, Ms Goward, Mrs
Hancock, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, Mr Humphries, Mr
Merton, Mr O’Dea, Mr O’Farrell, Mr Page, Mr Piccoli, Mr Provest, Mr Richardson, Mr
Roberts, Mrs Skinner, Mr Smith, Mr Stokes, Mr Stoner, Mr J.H. Turner, Mr R.W. Turner, Mr
J.D. Williams and Mr R.C. Williams.
Tellers: Mr George and Mr Maguire.
In the Chair: Mr Torbay.
Pair: Mrs Perry—Mr Souris.
Question passed.
Question—That the original motion be agreed to—put and passed.
23
MATTER OF PUBLIC IMPORTANCE—COMMUNITY LANGUAGE SCHOOLS
The Speaker having previously informed the House of receipt from Ms D’Amore of a notice of
a matter of public importance, namely:
Community Language Schools.
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Discussion ensued and concluded.
24
PRIVATE MEMBERS’ STATEMENTS
25
MESSAGES FROM THE LEGISLATIVE COUNCIL
The Assistant Speaker (Ms Megarrity) reported messages from the Legislative Council
returning the following bills without amendment:
1 December 2010
Education Amendment (Ethics) Bill
Rural Fires Amendment Bill.
_____________
The Assistant Speaker (Ms Megarrity) left the Chair at 6.00 pm.
The Deputy Speaker resumed the Chair at 7.30 pm.
_____________
26
VALEDICTORY SPEECHES
Valedictory speeches were made by Mr Koperberg, Mrs Hopwood, Ms Andrews, Mr
Richardson, Mr West, Mr Merton, Ms Beamer, Mr R.W. Turner and Mr Gibson.
Mr Koperberg, Mrs Hopwood, Ms Andrews, Mr Richardson, Mr Merton, Ms Beamer, Mr R.W.
Turner and Mr Gibson obtained extensions of time.
27
ADJOURNMENT
The House adjourned, pursuant to the resolution of the House, at 10.35 pm, until tomorrow, at
10.00 am.
Attendance: All members present except Mr Kerr.
RUSSELL D. GROVE PSM
Clerk of the Legislative Assembly
RICHARD TORBAY
Speaker
__________________
Authorised by the Parliament of New South Wales