407 LEGISLATIVE ASSEMBLY 2011 FIRST SESSION OF THE FIFTY-FIFTH PARLIAMENT ___________________ VOTES AND PROCEEDINGS No. 50 TUESDAY 18 OCTOBER 2011 ___________________ 1 MEETING OF THE HOUSE The House met at 10.00 am pursuant to adjournment. The Speaker took the Chair, read the prayer and acknowledged the traditional owners, thanking them for their custodianship of country. 2 PLUMBING AND DRAINAGE BILL The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Anthony Roberts, 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 Deputy Speaker declared the bill to have passed the House. 3 PAYROLL TAX REBATE SCHEME (DISABILITY EMPLOYMENT) BILL Mr Andrew Constance moved, That a bill be now introduced for an Act to establish a payroll tax rebate scheme to encourage the employment of people with disabilities. Question put and passed. Bill introduced. 408 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 18 October 2011 Mr Andrew Constance moved, That this bill be now agreed to in principle. Debate adjourned (Mrs Barbara Perry) and the resumption of the debate made an order of the day for a later hour. 4 NATIONAL PARKS AND WILDLIFE LEGISLATION AMENDMENT (RESERVATIONS) BILL Ms Robyn Parker moved, pursuant to notice, That a bill be now introduced for an Act to amend the National Parks and Wildlife Act 1974 to change the reservation status of certain lands under that Act; to amend the National Park Estate (South-Western Cypress Reservations) Act 2010 to delay the commencement of certain reservations; and for other purposes. Question put and passed. Bill introduced. Ms Robyn Parker moved, That this bill be now agreed to in principle. Debate adjourned (Mr Ryan Park) and the resumption of the debate made an order of the day for a later hour. 5 HERITAGE AMENDMENT BILL Ms Robyn Parker moved, That a bill be now introduced for an Act to amend the Heritage Act 1977 in relation to the Heritage Council and the listing of items on the State Heritage Register; and for other purposes. Question put and passed. Bill introduced. Ms Robyn Parker moved, That this bill be now agreed to in principle. Debate adjourned (Mr Paul Lynch) and the resumption of the debate made an order of the day for a later hour. 6 CLUBS, LIQUOR AND GAMING MACHINES LEGISLATION AMENDMENT The order of the day was read for the resumption of the adjourned debate, on the motion of Mr George Souris, 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 declared the bill to have passed the House. 7 NATIONAL PARKS AND WILDLIFE LEGISLATION AMENDMENT (RESERVATIONS) BILL The order of the day was read for the resumption of the adjourned debate, on the motion of Ms Robyn Parker, That this bill be now agreed to in principle. Question again proposed and debate resumed. 409 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 18 October 2011 Question put and passed. Bill agreed to in principle. The Acting Speaker (Ms Melanie Gibbons) declared the bill to have passed the House. 8 PERSONAL EXPLANATION Mr John Williams, by leave, made a personal explanation in relation to comments made by the member for Marrickville during debate on the National Parks and Wildlife Legislation Amendment (Reservations) Bill. 9 HERITAGE AMENDMENT BILL The order of the day was read for the resumption of the adjourned debate, on the motion of Ms Robyn Parker, 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 (Ms Melanie Gibbons) declared the bill to have passed the House. _____________ The Acting Speaker (Ms Melanie Gibbons) left the Chair at 1.32 pm. The Speaker resumed the Chair at 2.15 pm. _____________ 10 DEATH OF ELAINE BLANCHE NILE, A FORMER MEMBER OF THE LEGISLATIVE COUNCIL The Speaker informed the House of the death, on 17 October 2011, of the Honourable Elaine Blanche Nile, a former Member of the Legislative Council, and that on behalf of the House, she extended to Reverend Nile and family the deep sympathy of the Legislative Assembly in the loss sustained. Members and officers stood as a mark of respect. 11 NOTICE OF MOTION 12 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY Mr Chris Holstein—Central Coast Health Services. Mr John Robertson—Western Sydney. 13 QUESTION TIME 14 MINISTERIAL STATEMENT—DEATH OF JANET HAYES Mr Donald Page made a statement in relation to the death, on 13 October 2011, of Kempsey Shire Councillor Janet Hayes. Mrs Barbara Perry also addressed the House. 410 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 18 October 2011 15 PAPER Mr Greg Smith tabled the report of the State Parole Authority for 2010. 16 LEGISLATIVE ASSEMBLY COMMITTEE ON LAW AND SAFETY Mr John Barilaro, Chair, in accordance with standing order 299 (1), informed the House that the Legislative Assembly Committee on Law and Safety had resolved to conduct an inquiry into the inclusion of donor details on the register of births, the full details of which were available on the Committee’s home page. 17 LEGISLATION REVIEW COMMITTEE Dr Geoff Lee, on behalf of the Chair, tabled the report of the Legislation Review Committee entitled “Legislation Review Digest 6/55”, dated 18 October 2011. Ordered to be printed. Dr Geoff Lee also tabled minutes of the committee meeting regarding Legislation Review Digest 5 of 2011. 18 LEGISLATIVE ASSEMBLY COMMITTEE ON ENVIRONMENT AND REGULATION Mr Chris Patterson, Chair, in accordance with standing order 299 (1), informed the House that the Legislative Assembly Committee on Environment and Regulation had resolved to conduct an inquiry into the regulation of domestic wastewater, the full details of which were available on the Committee’s home page. 19 PETITION The Clerk announced that the following member had lodged a petition for presentation signed by 500 or more persons: Mr Rob Stokes—from certain citizens opposing the continuation of commercial fishing and requesting a Government buyout of commercial fishing operators within the Pittwater. 20 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY (1) Mr Chris Holstein made a statement in support of his notice being accorded priority over the other business of the House. (2) Mr John Robertson also made a statement in support of his notice being accorded priority— That this House calls on the Government to support Western Sydney. Question—That the motion of the member for Gosford be accorded priority—put. The House divided. AYES 61 Mr Anderson, Mr Annesley, 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, Mrs Davies, Mr Dominello, Mr Doyle, Mr Edwards, Mr Elliott, Mr Evans, Mr Flowers, Mr Fraser, Mr George, Ms Gibbons, Ms Goward, Mr Grant, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mr Holstein, Mr Humphries, Mr Issa, Dr Lee, Mr Notley-Smith, Mr O’Dea, Mr Owen, Mr Page, Ms Parker, Mr Patterson, Mr Perrottet, Mr Piccoli, Mr Roberts, Mr Rohan, Mr Rowell, Mrs Sage, Mr Sidoti, Mrs 411 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 18 October 2011 Skinner, Mr Smith, Mr Souris, Mr Speakman, Mr Spence, Mr Stokes, Mr Stoner, Mr Toole, Ms Upton, Mr Webber, Mr R.C. Williams and Mrs Williams. Tellers: Mr Maguire and Mr J.D. Williams. NOES 22 Mr Barr, Ms Burney, Ms Burton, Mr Daley, Mr Furolo, Ms Hay, Ms Keneally, Mr Lalich, Mr Lynch, Dr McDonald, Ms Mihailuk, Ms Moore, Mr Parker, Mrs Perry, Mr Rees, Mr Robertson, Ms Tebbutt, Mr Torbay, Ms Watson and Mr Zangari. Tellers: Mr Amery and Mr Park. In the Chair: Mrs Hancock. Pair: Mr Provest—Ms Hornery. Question passed. 21 MOTION ACCORDED PRIORITY—CENTRAL COAST HEALTH SERVICES Mr Chris Holstein moved, pursuant to notice, That this House notes that the Government is getting on with the job of improving health services on the Central Coast. Debate ensued. Question put and passed. _____________ It being before 4.30 pm, government business proceeded with. _____________ 22 LIQUOR AMENDMENT (3 STRIKES) BILL The order of the day was read for the resumption of the adjourned debate, on the motion of Mr George Souris, That this bill be now agreed to in principle. Upon which, pursuant to standing order 188 (11), Mr George Souris moved, That government business order of the day no. 5 (Liquor Amendment (3 Strikes) Bill) be discharged and the bill withdrawn. Question put and passed. 23 LIQUOR AMENDMENT (3 STRIKES) BILL (NO. 2) Mr George Souris moved, That a bill be now introduced for an Act to amend the Liquor Act 2007 to introduce a 3 strikes disciplinary system for licences in respect of premises on which multiple breaches of that Act have occurred; and for other purposes. Question put and passed. Bill introduced. Mr George Souris moved, That this bill be now agreed to in principle. Debate adjourned (Mr Paul Lynch) and the resumption of the debate made an order of the day for a later hour. 412 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 18 October 2011 24 REDFERN–WATERLOO AUTHORITY REPEAL BILL Mr Brad Hazzard moved, That a bill be now introduced for an Act to repeal the Redfern–Waterloo Authority Act 2004; to dissolve the Redfern–Waterloo Authority and to transfer the assets, rights, liabilities and certain functions of that Authority to the Sydney Metropolitan Development Authority; and for other purposes. Question put and passed. Bill introduced. Mr Brad Hazzard moved, That this bill be now agreed to in principle. Debate adjourned (Ms Linda Burney) and the resumption of the debate made an order of the day for a later hour. 25 MESSAGE FROM THE LEGISLATIVE COUNCIL The Deputy Speaker reported a message from the Legislative Council dated 18 October 2011, returning the Public Sector Employment and Management Amendment (Ethics and Public Service Commissioner) Bill, without amendment. 26 PAYROLL TAX REBATE SCHEME (DISABILITY EMPLOYMENT) BILL The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Andrew Constance, 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 (Ms Melanie Gibbons) declared the bill to have passed the House. 27 REDFERN–WATERLOO AUTHORITY REPEAL BILL The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Brad Hazzard, That this bill be now agreed to in principle. Question again proposed and debate resumed. _____________ It being 5.45 pm, debate interrupted and government business continued. _____________ Debate continued. Question put and passed. Bill agreed to in principle. The Acting Speaker (Ms Melanie Gibbons) declared the bill to have passed the House. _____________ It being after 5.45 pm, notices of motions (general notices) proceeded with. _____________ 413 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 18 October 2011 28 NOTICES OF MOTIONS (GENERAL NOTICES) 29 MATTER OF PUBLIC IMPORTANCE—CARERS WEEK The Speaker having previously informed the House of receipt from Mrs Barbara Perry of a notice of a matter of public importance, namely: Carers Week. Discussion ensued and concluded. 30 PRIVATE MEMBERS’ STATEMENTS 31 ADJOURNMENT The House adjourned, pursuant to standing and sessional orders, at 7.26 pm, until tomorrow, at 10.00 am. Attendance: All members present except Mr Stephen Bromhead, Mr Andrew Gee, Ms Sonia Hornery, Mr Matt Kean, Mr Greg Piper, Mr Geoff Provest and Mr Gareth Ward. RUSSELL D. GROVE PSM Clerk of the Legislative Assembly SHELLEY HANCOCK Speaker __________________ Authorised by the Parliament of New South Wales