1229
LEGISLATIVE COUNCIL
MINUTES OF PROCEEDINGS
No. 107
THURSDAY 13 SEPTEMBER 2012
Contents
1
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5
6
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8
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10
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Meeting of the House ............................................................................................................................. 1230
Firefighter Ian Parrow (Formal Business) .............................................................................................. 1230
Duke of Edinburgh Gold Awards (Formal Business) ............................................................................ 1230
Councillor Tony Hall (Formal Business) ............................................................................................... 1231
Select Committee on the closure or downsizing of Corrective Services NSW facilities—
Membership ........................................................................................................................................... 1231
Select Committee on the closure or downsizing of Corrective Services NSW facilities—Ballot to
choose Cross bench Member .................................................................................................................. 1232
Special Adjournment .............................................................................................................................. 1232
Suspension of Standing and Sessional Orders—Deaths of Australian soldiers in Afghanistan ............. 1232
Deaths of Australian soldiers in Afghanistan ......................................................................................... 1233
Suspension of Standing and Sessional Orders—Workers Compensation Legislation Amendment
(Costs) Bill ............................................................................................................................................. 1233
Workers Compensation Legislation Amendment (Costs) Bill 2012 ...................................................... 1233
Suspension of Standing and Sessional Orders—Save Gosford Public School Bill 2012 ....................... 1234
Save Gosford Public School Bill 2012 ................................................................................................... 1234
Inspector of the Independent Commission Against Corruption—Report .............................................. 1235
Business Postponed ................................................................................................................................ 1235
Suspension of Standing and Sessional Orders—Alcoholic Beverages Advertising Prohibition Bill
2012........................................................................................................................................................ 1235
Alcoholic Beverages Advertising Prohibition Bill 2012 ........................................................................ 1235
Small Business Commissioner and Small Business Protection Bill 2012 .............................................. 1235
Questions ................................................................................................................................................ 1235
Committee on Children and Young People—Report ............................................................................. 1236
Adjournment .......................................................................................................................................... 1236
Attendance ............................................................................................................................................. 1236
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Legislative Council Minutes No. 107—Thursday 13 September 2012
1
MEETING OF THE HOUSE
The House met at 9.30 am according to adjournment. The President took the Chair and read the prayers.
2
FIREFIGHTER IAN PARROW (Formal Business)
Mr Blair moved, according to notice:
1.
2.
That this House notes that:
(a)
on Saturday 15 September 2012, Fire and Rescue NSW Firefighter Ian Parrow will have
served thirty years with the Leeton Fire Brigade, Station 360,
(b)
as a Retained Firefighter, Mr Parrow is required to attend emergencies 24 hours a day, and
(c)
as a Retained Firefighter, Mr Parrow has contributed to his community in a variety of
different ways, including:
(i)
extinguishing fires,
(ii)
engaging in community education,
(iii) fire prevention activities,
(iv) taking effective action at rescue and hazardous material incidents,
(v)
assisting other emergency services as required.
That this House congratulates Mr Parrow and thanks both him and his family for their dedication
to the Leeton community and Fire and Rescue NSW over the past thirty years.
Question put and passed.
3
DUKE OF EDINBURGH GOLD AWARDS (Formal Business)
Ms Ficarra moved, according to notice:
1.
2.
That this House notes that:
(a)
on Friday 7 September 2012, the Duke of Edinburgh Gold Awards were presented by the
Governor of New South Wales, Her Excellency Professor Marie Bashir AC CVO at
Government House in Sydney,
(b)
the Duke of Edinburgh Award is internationally recognised and was first established in the
United Kingdom in 1956,
(c)
the Duke of Edinburgh Award is open to anyone between the ages of 14 and 25 and has
three progressive levels of attainment, Bronze, Silver and Gold, and
(d)
recipients of the Gold Award must complete five key endeavours over 12 months, being:
(i)
Physical Recreation, such as indoor, outdoor and endurance sports,
(ii)
Skill, such as sewing, car maintenance and learning non-English languages,
(iii) Volunteering, for organisations such as Surf Life Saving, Riding for the Disabled
and Army Cadets,
(iv) Adventurous Journey, such as bush walking, kayaking or sailing through difficult
terrain,
(v)
Residential Project, such as attending a music or sporting camp or working on a
humanitarian project overseas.
That this House commends the following recipients of the Duke of Edinburgh Gold Award: Miss
Olivia Malicki, Mr Charles Cull, Miss Saskia Ek, Miss Leoni Simon, Mr Daniel Hammond, Mr
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Legislative Council Minutes No. 107—Thursday 13 September 2012
Alexander Semler, Mr Paul Harvey, Miss Georgia Boyle, Mr Aretema Tautua, Miss Anneliese
Scenna, Miss Elissa Petesic, Mr William Clifton, Mr Joshua Del Pozo, Miss Melinda White, Mr
Samuel Pagano, Miss Charlotte Baldwin, Miss Sophie McMichael, Mr Benjamin So, Miss
Ashleigh Aivazian, Mr Christopher Radcliff, Miss Emma Russell, Miss Adriana Zanchetta, Miss
Rebecca Burrowes, Miss Alanna Bourke, Mr Jonathan Yau, Miss Louise Butcher, Mr Jordan
Fahd, Mr Andrew Trieu, Miss Rebekah Dashwood, Miss Clare Ryan, Miss Olivia Thomas, Mr
Angus Crichton, Mr Madon Parsons, Mr Benjamin Heaton, Mr Simon Metcalfe, Miss Vanessa
Jiang, Mr Haywood Yeung, Miss Sarah Donkersley, Mr Sean Jones, Miss Brinagh M’Gee, Miss
Eleanor Lui, Miss Laura Flannery, Miss Hannah McKenzie, Miss Ashleigh Scrivener, Miss Terri
Adams, Mr William Chivers, Miss Madeleine Howald, Mr Matthew Herro, Mr Jack Arnold, Mr
Timothy Werger, Miss Nicole Stanton, Mr Jayden Lambert, Mr Ryan Rankin, Miss Grace Geier,
Mr Aidan Vincent, Mr Clifton Vincent, Miss Tuesday Atkins, Miss Elouise Casey, Miss Jessica
Knudson and Miss Kristen Centorame.
Question put and passed.
4
COUNCILLOR TONY HALL (Formal Business)
Ms Ficarra moved, according to notice:
1.
2.
3.
That this House notes that:
(a)
local government elections were held on Saturday 8 September 2012, and
(b)
Councillor Tony Hall retired from local office after serving Ku-ring-gai Council area for 25
years.
That this House acknowledges that:
(a)
Tony was first elected to the local office of Ku-ring-gai Council as a representative of St.
Ives ward in 1987,
(b)
Tony is the longest serving Ku-ring-gai local council representative since the council’s
formation in 1906,
(c)
Tony served as Deputy Mayor on several occasions and served as Mayor between 1999 and
2000, and
(d)
during his time as councillor, Tony has worked to:
(i)
see an improvement to local roads and planning,
(ii)
improve the access to and protection of local reserves,
(iii) ensure the preservation of many heritage listed sites in the Ku-ring-gai local
government area.
That this House congratulates the tireless work and dedication of Councillor Tony Ku-ring-gai
Council over his 25 year tenure.
Question put and passed.
5
SELECT COMMITTEE ON THE CLOSURE OR DOWNSIZING OF CORRECTIVE SERVICES
NSW FACILITIES—MEMBERSHIP
The President informed the House that, on 12 September 2012, the Leader of the Government nominated
Mr Clarke, Mr MacDonald and Mrs Pavey as the Government members of the Select Committee on the
closure or downsizing of Corrective Services NSW facilities.
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Legislative Council Minutes No. 107—Thursday 13 September 2012
6
SELECT COMMITTEE ON THE CLOSURE OR DOWNSIZING OF CORRECTIVE SERVICES
NSW FACILITIES—BALLOT TO CHOOSE CROSS BENCH MEMBER
The President informed the House that the cross bench members had not reached agreement about
representation on the Select Committee on the closure or downsizing of Corrective Services NSW
facilities, and that the following members had written to the clerk nominating themselves for membership
on the committee:
Mr Borsak
Mr Shoebridge.
The President, according to standing order, advised that in the absence of agreement, representation on
the committee is to be determined by the House.
Mr Pearce moved, without notice: That the cross bench member to serve on the Select Committee on the
closure or downsizing of Corrective Services NSW facilities be chosen by ballot according to standing
order 135.
Question put and passed.
The bells were rung for five minutes and the doors were locked.
The President informed the House of the procedure for the ballot.
Ballot papers were distributed and members lodged their votes with the Clerk.
The Clerk reported the result of the ballot to the President who declared Mr Borsak elected as the cross
bench member on the Select Committee on the closure or downsizing of Corrective Services NSW
facilities.
7
SPECIAL ADJOURNMENT
Mr Pearce moved: That this House at its rising today do adjourn until Tuesday 18 September 2012 at 2.30
pm.
Question put and passed.
8
SUSPENSION OF STANDING AND SESSIONAL ORDERS—DEATHS OF AUSTRALIAN
SOLDIERS IN AFGHANISTAN
On the President calling on the Clerk to read the order of the day, Mr Lynn moved, according to
contingent notice: That standing and sessional orders be suspended to allow a motion to be moved
forthwith that private members’ business item no. 874 outside the order of precedence relating to the
deaths of Australian soldiers in Afghanistan be called on forthwith.
Question put and passed.
Mr Lynn then moved: That private members’ business item no. 874 outside the order of precedence be
called on forthwith.
Question put and passed.
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Legislative Council Minutes No. 107—Thursday 13 September 2012
9
DEATHS OF AUSTRALIAN SOLDIERS IN AFGHANISTAN
Mr Lynn moved, according to notice:
1.
2.
That this House notes:
(a)
the tragic deaths of five Australian soldiers who were killed in two separate incidents in
Afghanistan,
(b)
that Lance Corporal Stjepan Milosevic, Sapper James Martin and Private Robert Poate from
the 3 RAR Task Group were killed and two of their comrades wounded following an
insider attack at Patrol Base Wahab in the Baluchi Valley region of Uruzgan on the evening
of 29 August 2012, and
(c)
that in a separate and unrelated incident Lance Corporal Mervyn McDonald and Private
Nathanael Galagher from the Special Operations Task Group died when a ISAF helicopter
crashed in Helmand Province in the early hours of 30 August 2012.
That this House place on record its deep regrets and appreciation of their service to their country
and tender its profound sympathy to their families in their bereavement.
Debate ensued.
Question put and passed.
10
SUSPENSION OF STANDING AND SESSIONAL ORDERS—WORKERS COMPENSATION
LEGISLATION AMENDMENT (COSTS) BILL
On the Deputy President (Mr Green) calling on the Clerk to read the order of the day, Mr Shoebridge
moved, according to contingent notice: That standing and sessional orders be suspended to allow a
motion to be moved forthwith that private members’ business item no. 841 outside the order of
precedence relating to the Workers Compensation Legislation Amendment (Costs) Bill be called on
forthwith.
Debate ensued.
Question put and passed.
Mr Shoebridge then moved: That private members’ business item no. 841 outside the order of precedence
be called on forthwith.
Question put and passed.
11
WORKERS COMPENSATION LEGISLATION AMENDMENT (COSTS) BILL 2012
Mr Shoebridge moved, according to notice: That leave be given to bring in a bill for an Act to amend
workers compensation legislation with respect to the awarding of costs in claims for workers
compensation.
Question put and passed.
Bill presented.
Bill read a first time and ordered to be printed.
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Legislative Council Minutes No. 107—Thursday 13 September 2012
Mr Shoebridge then moved: That this bill be now read a second time.
Debate ensued.
Motion made (Mr Pearce) and question: That this debate be now adjourned until five calendar days
ahead—put and passed.
12
SUSPENSION OF STANDING AND SESSIONAL ORDERS—SAVE GOSFORD PUBLIC
SCHOOL BILL 2012
On the Deputy President (Mr Green) calling on the Clerk to read the order of the day, Dr Kaye moved,
according to contingent notice: That standing and sessional orders be suspended to allow a motion to be
moved forthwith that private members’ business item no. 346 outside the order of precedence relating to
the Save Gosford Public School Bill 2012 be called on forthwith.
Debate ensued.
Question put and passed.
Dr Kaye then moved: That private members’ business item no. 346 outside the order of precedence be
called on forthwith.
Question put and passed.
13
SAVE GOSFORD PUBLIC SCHOOL BILL 2012
Order of the day read for resumption of the adjourned debate of the question on the motion of Dr Kaye:
That this bill be now read a second time.
Debate resumed.
Question put.
The House divided.
Ayes 5
Ms Barham
Mr Buckingham
Ms Faehrmann
Dr Kaye *
Mr Shoebridge *
* Tellers
Noes 31
Mr Ajaka
Mr Blair
Mr Borsak
Mr Brown
Mr Clarke
Mr Colless
Ms Cotsis
Mr Donnelly
Ms Fazio *
Ms Ficarra
Mr Foley
Question resolved in the negative.
Miss Gardiner
Mr Gay
Mr Green
Mr Khan
Mr Lynn
Mr MacDonald
Mrs Maclaren-Jones
Mr Mason-Cox
Mrs Mitchell
Mr Moselmane
Revd Mr Nile
Dr Phelps *
Mr Primrose
Mr Roozendaal
Mr Searle
Mr Secord
Ms Sharpe
Mr Veitch
Ms Westwood
Mr Whan
* Tellers
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Legislative Council Minutes No. 107—Thursday 13 September 2012
14
INSPECTOR OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION—REPORT
The President, according to the Independent Commission Against Corruption Act 1988, tabled the annual
report of the Inspector of the Independent Commission Against Corruption for year ended 30 June 2012.
The President announced that under the Act the report was authorised to be made public this day.
Ordered, on motion of Mr Clarke: That the report be printed.
15
BUSINESS POSTPONED
Private members’ business item no. 2 in the order of precedence postponed, on motion of Dr Phelps (on
behalf of Mr Brown), until Thursday 15 November 2012.
16
SUSPENSION OF STANDING AND SESSIONAL ORDERS—ALCOHOLIC BEVERAGES
ADVERTISING PROHIBITION BILL 2012
On the President calling on the Clerk to read the order of the day, Revd Mr Nile moved, according to
contingent notice: That standing and sessional orders be suspended to allow a motion to be moved
forthwith that private members’ business item no. 5 in the order of precedence relating to the Alcoholic
Beverages Advertising Prohibition Bill 2012 be called on forthwith.
Question put and passed.
Revd Mr Nile then moved: That private members’ business item no. 5 in the order of precedence be
called on forthwith.
Question put and passed.
17
ALCOHOLIC BEVERAGES ADVERTISING PROHIBITION BILL 2012
Order of the day read for resumption of the adjourned debate of the question on the motion of Revd Mr
Nile: That this bill be now read a second time.
Debate resumed.
Motion made (Mr Green) and question: That this debate be now adjourned until next sitting day—put and
passed.
18
SMALL BUSINESS COMMISSIONER AND SMALL BUSINESS PROTECTION BILL 2012
Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Searle:
That this bill be now read a second time.
Debate resumed.
____________________
According to sessional order, proceedings interrupted at 2.30 pm for Questions.
____________________
19
QUESTIONS
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Legislative Council Minutes No. 107—Thursday 13 September 2012
____________________
According to sessional order, proceedings interrupted at 3.30 pm for adjournment.
____________________
The House continued to sit.
____________________
According to sessional order, government business given precedence.
____________________
20
COMMITTEE ON CHILDREN AND YOUNG PEOPLE—REPORT
Mr Blair tabled Report No. 1/55 of the Committee on Children and Young People entitled “Review of the
2009-2010 Annual Report and the 2010-2011 Annual Report of the Commission for Children and Young
People and the 2009 Reports of the Child Death Review Team”, dated 13 September 2012.
Ordered: That the report be printed.
Mr Blair moved, according to standing order: That the House take note of the report.
Motion made (Mr Blair speaking) and question: That this debate be now adjourned until a later hour of
the sitting—put and passed.
21
ADJOURNMENT
Mr Gallacher moved: That this House do now adjourn.
Debate ensued.
Question put and passed.
The House adjourned at 4.04 pm until Tuesday 18 September 2012 at 2.30 pm.
22
ATTENDANCE
All members present, except Ms Voltz.
David Blunt
Clerk of the Parliaments
_____________________________
Authorised by the Parliament of New South Wales