minutes 5 - 17 september 2014s

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79
LEGISLATIVE COUNCIL
MINUTES OF PROCEEDINGS
No. 5
WEDNESDAY 17 SEPTEMBER 2014
Contents
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5
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14
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27
Meeting of the House ................................................................................................................................. 81
Message from the Legislative Assembly—Independent Commission Against Corruption search
warrants ...................................................................................................................................................... 81
Wear It Purple Day (Formal Business) ...................................................................................................... 81
Able Seaman William (Billy) Williams (Formal Business) ....................................................................... 82
Papua New Guinea Association of Australia 2014 commemorative centenary dinner (Formal
Business) .................................................................................................................................................... 82
Foster care (Formal Business) .................................................................................................................... 83
Byron Bay Writers Festival (Formal Business).......................................................................................... 83
Dr Catherine Hamlin (Formal Business) .................................................................................................... 85
Jeannie Ferris Cancer Australia Recognition Awards 2014 (Formal Business) ......................................... 86
Australian Government’s response to the Ukrainian crisis (Formal Business) .......................................... 87
Paper—Tabled by Minister ........................................................................................................................ 88
Standing Committee on Law and Justice—Report..................................................................................... 88
Notices of Motions ..................................................................................................................................... 88
Select Committee on the planning process in Newcastle and the broader Hunter Region—
Membership ............................................................................................................................................... 88
Privileges Committee—Reference ............................................................................................................. 89
Suspension of Standing and Sessional Orders—City of Sydney Amendment (Elections) Bill 2014 ......... 89
City of Sydney Amendment (Elections) Bill 2014 ..................................................................................... 90
Questions .................................................................................................................................................... 90
Message from the Legislative Assembly—Parliamentary Committees Memberships ............................... 91
Personal Explanation .................................................................................................................................. 91
Suspension of Standing and Sessional Orders—City of Sydney Amendment (Elections) Bill 2014 ......... 91
City of Sydney Amendment (Elections) Bill 2014 ..................................................................................... 91
Message from the Legislative Assembly—Mutual Recognition (Automatic Licensed Occupations
Recognition) Bill 2014 ............................................................................................................................... 92
Business Postponed .................................................................................................................................... 92
Bail Amendment Bill 2014 ........................................................................................................................ 93
Mining Amendment (Small-Scale Title Compensation) Bill 2014 ............................................................ 93
Message from the Legislative Assembly—Constitution Amendment (Parliamentary Presiding
Officers) Bill 2014 ..................................................................................................................................... 94
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Legislative Council Minutes No. 5—Wednesday 17 September 2014
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29
Adjournment .............................................................................................................................................. 95
Attendance ................................................................................................................................................. 95
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Legislative Council Minutes No. 5—Wednesday 17 September 2014
1
MEETING OF THE HOUSE
The House met at 11.00 am according to adjournment. The President took the Chair and read the prayers.
2
MESSAGE FROM THE LEGISLATIVE ASSEMBLY—INDEPENDENT
AGAINST CORRUPTION SEARCH WARRANTS
COMMISSION
The President reported the following message from the Legislative Assembly:
Mr PRESIDENT
The Legislative Assembly informs the Legislative Council that it has this day agreed to the following
resolution:
That:
(1)
This House notes the revised draft Memorandum of Understanding on the execution of search
warrants on the premises of Members of the New South Wales Parliament between the
Commissioner of the Independent Commission Against Corruption, the President of the
Legislative Council and the Speaker of the Legislative Assembly tabled by the Speaker on
Wednesday 17 September 2014.
(2)
The Standing Committee on Parliamentary Privilege and Ethics inquire into and report on the
provisions of the revised draft Memorandum of Understanding.
(3)
A message be sent informing the Legislative Council accordingly.
Legislative Assembly
17 September 2014
3
SHELLEY HANCOCK
Speaker
WEAR IT PURPLE DAY (Formal Business)
Ms Sharpe moved, according to notice:
1.
2.
That this House notes that:
(a)
Friday 29 August 2014 marked the 5th annual Wear It Purple Day,
(b)
Wear It Purple Day is a grassroots campaign organised by young people for young people,
(c)
Wear It Purple is a student run not for profit organisation that exists to support young
people who identify as sexuality and or gender diverse, queer or rainbow,
(d)
Wear It Purple has a simple message to young people in our communities that they have the
right to be proud of who they are,
(e)
Wear it Purple seeks to raise awareness about the issues faced by these young people and
the need to eradicate bullying based on sexuality and gender diversity, and
(f)
this year Wear It Purple Day was the biggest ever with 250 registered events including 130
events held at schools, TAFEs and Universities.
That this House congratulates:
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Legislative Council Minutes No. 5—Wednesday 17 September 2014
(a)
the young people who have made Wear It Purple such a success, and
(b)
the organisations including the NSW Police Force, the SES, Fire and Rescue NSW and
New South Wales schools for their strong support.
Question put and passed.
4
ABLE SEAMAN WILLIAM (BILLY) WILLIAMS (Formal Business)
Dr Phelps (on behalf of Mr Lynn) moved, according to notice:
1.
2.
That this House notes that:
(a)
11 September 2014, marks the 100th anniversary of the death of Able Seaman William
(Billy) Williams 294, the first Australian Serviceman, serving in the Australian Armed
Forces, to be killed in WWI on Thursday 11 September 1914,
(b)
AB Williams was serving in HMAS SYDNEY I during the operation to capture German
military installations in and around Rabaul in then German East New Britian, Papua New
Guinea,
(c)
he and other members of the ship’s company were ashore when he was wounded and he
died of his wounds later that day, and
(d)
a memorial service will be held at Bradley’s Head today at 1030 hrs in memory of the
sacrifice made by AB Williams on that day in 1914 and others who served in HMAS
SYDNEY I and the thousands of other Australians who would die during the next four
years of the “War to end all Wars”.
That this House acknowledges and commends:
(a)
the President of HMAS Sydney Association Mr John Byrne, Secretary of HMAS Sydney
Association Mr Brian Yeo and Members of the Executive Committee for their continued
efforts in ensuring our fallen servicemen and women are forever remembered for the
sacrifices that they made to our nation, and
(b)
VIP guests including Mr Mike Colless, the son of the Able Seaman Alan Colless, who
served in HMAS SYDNEY I between 1914 and 1918.
Question put and passed.
5
PAPUA NEW GUINEA ASSOCIATION OF AUSTRALIA 2014 COMMEMORATIVE
CENTENARY DINNER (Formal Business)
Dr Phelps (on behalf of Mr Lynn) moved, according to notice:
1.
That this House notes that:
(a)
on Wednesday 17 September 2014 the Papua New Guinea Association of Australia
(PNGAA) will hold their 2014 Commemorative Centenary Dinner with the Hon Julie
Bishop MP, Foreign Minister as guest keynote speaker,
(b)
the dinner will commemorate the ANZAC Centenary and the centenary of Australia’s
relationship with what was then New Guinea, from Australia’s first military engagement
during WWI at Bitapaka and the loss of AE1, WWII, through to Papua New Guinea
independence as well as contemporary and future relationships,
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2.
(c)
the patron of PNGAA, our former Governor General, Major General the Honourable
Michael Jeffery, AC, AO (Mil), CVO, MC (Retd) will attend the dinner, and
(d)
the PNGAA Symposium will be held the next day on 18 September 2014 in the Thearette
to provide a unique opportunity to hear 20 amazing speakers from Australia and Papua
New Guinea knowledgeable about Papua New Guinea in a variety of fields.
That this House acknowledges and commends the President of PNGAA, Ms Andrea Williams, and
the Organising Committee for their tremendous efforts ensuring such a significant period in our
history is remembered and acknowledged.
Question put and passed.
6
FOSTER CARE (Formal Business)
Ms Barham moved, according to notice:
1.
That this House notes that:
(a)
September is National Foster Care Month, an annual celebration of the work of foster carers
that began in 1990,
(b)
the main aim of National Foster Care Month is to raise the profile of fostering in the
community and to encourage recruitment of more foster carers,
(c)
Foster Care Week is celebrated across New South Wales from 14 to 20 September 2014,
and
(d)
Foster Care Week events arranged by the Association of Children’s Welfare Agencies will
include carers’ lunches, family fun days and picnics and will be held across New South
Wales during the week.
2.
That this House acknowledges that there are almost 19,000 children and young people in statutory
out-of-home care in New South Wales, and that foster carers provide a safe and nurturing
environment that is vital to the wellbeing of these children and young people.
3.
That this House thanks the many individuals and families across New South Wales who have
chosen to become foster carers, and recognises the important contribution they make to the welfare
of vulnerable children and young people.
Question put and passed.
7
BYRON BAY WRITERS FESTIVAL (Formal Business)
Ms Barham moved, according to notice:
1.
That this House notes that the 18th Byron Bay Writers Festival was held from 1 to 3 August 2014,
with some 2,500 people attending each day, following a week of school programs, travelling
festival, and workshops.
2.
That this House acknowledges the Byron Bay Writers Festival as a prime example of an
increasingly successful festival in a regional setting in that:
(a)
its growth has been gradual and in response to demand,
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3.
4.
(b)
the 160 local volunteers provide a courteous and well-disciplined team to assist in the
smooth running of the festival,
(c)
the local community provides highly skilled facilitators and interviewers,
(d)
all food and drink on site is sourced from local cafes and restaurants,
(e)
the Festival Committee has founding members who have provided wisdom and consistency
over the eighteen years,
(f)
it is a non-profit organisation that has forged partnerships with local and national entities,
corporations and the local Southern Cross University to increase its financial viability,
(g)
it has a culture of ‘putting back into the community’, and
(h)
it has a growing reputation both at home and internationally.
That this House recognises the economic, educational and social benefits of this festival, including
that:
(a)
it has a proud tradition of promoting local writers and features the opportunity for the
launch and exposure of new writers,
(b)
in eighteen years, it has grown from an audience of approximately 200 people and some 50
writers to a daily gate of 2,500 people and almost 150 selected local, national and
international writers of fiction, political commentary, biography, journalism, and at times,
cooking, music and travel,
(c)
with core funding from Arts NSW, in addition to the three day festival, it provides a
program in schools in four local townships during the week building up to the festival,
which this year reached over 200 primary school children from 51 regional schools, and
almost 800 secondary students from 27 regional schools,
(d)
with a special Australia Council grant, the festival bus tour took seven award winning
Australian writers on a five day trip to communities from Coffs Harbour to the Queensland
border,
(e)
the festival mentoring program provides unique opportunities for local writers and budding
writers to benefit from small master classes with famous international writers such as
Jeanette Winterson,
(f)
the 2014 festival raised, mainly by coin donation, over $6,000 to support the Indigenous
Literary Foundation,
(g)
the influx of tourists provides economic benefits to the businesses in the local town and
surrounding villages, while being ‘low impact’ for the residents, and
(h)
Dymocks reported its highest level of sales yet for the 2014 festival, with the wellappreciated presenter Bob Brown’s new book ‘Optimism’ topping the sales for an
individual book.
That this House expresses its support for regional communities pursuing small-to medium-sized
annual specific festivals that provide benefits for the local community and, at the same time, avoid
serious adverse repercussions such as excessive noise, alcohol-related violence and excessive
parking and traffic problems for local communities.
Question put and passed.
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8
DR CATHERINE HAMLIN (Formal Business)
Ms Ficarra moved, according to notice:
1.
That this House acknowledges the continuous exemplary work of Dr Catherine Hamlin in her fight
against childbirth injury in Ethiopia.
2.
That this House notes that:
3.
4.
(a)
Dr Hamlin is an Australian born obstetrician and gynaecologist, who grew up in the Sydney
suburb of Ryde and married Dr Reginald Hamlin in 1950,
(b)
since 1959, Dr Hamlin has spent most of her life abroad revolutionising the care of child
birth injury – obstetric fistula,
(c)
Dr Hamlin is an extraordinary leader in the spheres of women’s health, pioneering the
development, treatment and recovery of obstetric fistula, a condition that was eradicated in
developed nations over a century ago,
(d)
obstetric fistula occurs when the baby gets stuck in the birth canal and there is no doctor or
facilities to perform a caesarean section,
(e)
approximately two million women suffer from fistulas, often killing the baby and leaving
the woman incontinent, paralysed, and stigmatised by her local community, as a result of
which she is often left to die,
(f)
in Ethiopia, there is a population of 100 million, with only 2,000 trained midwives and less
than 200 obstetricians and gynaecologists,
(g)
there is a great need to improve the world’s maternal care, and that the lack of medical care
makes reproductive health in poor nations a human rights catastrophe, especially in
countries like Ethiopia, and
(h)
due to the hard work of Dr Catherine Hamlin, her late husband, Dr Reginald Hamlin, and
the Hamlin Fistula Ethiopia, an Australian charitable organisation, there has been many
initiatives established aimed at improving the lives of Ethiopian women.
That this House further notes:
(a)
the vital importance of the Addis Ababa Fistula Hospital, opened in 1974, as it continues to
serve Ethiopian women, accommodating 120 beds, a large operating theatre, a
physiotherapy department and pathology services,
(b)
the importance of the Hamlin Fistula Regional Centres, which provide much needed
services for women injured in child birth in regional Ethiopia,
(c)
the Hamlin College of Midwives, which provides an important step towards the
development of a sustainable prevention strategy for women and girls of Ethiopia to avoid
obstetric fistula, and
(d)
the importance of Desta Mender, a farm on the outskirts of the capital providing women
with an opportunity to recover before returning to their normal lives.
That this House acknowledges and commends Dr Catherine Hamlin’s dedication to the treatment
of over 34,000 women for obstetric fistula and extends its best wishes on her 90th birthday.
Question put and passed.
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9
JEANNIE FERRIS CANCER AUSTRALIA RECOGNITION AWARDS 2014 (Formal Business)
Ms Ficarra moved, according to notice:
1.
2.
3.
4.
That this House notes that:
(a)
Cancer Australia announced Ms Kath Mazzella OAM and Professor David Bowtell as the
2014 recipients of the Jeannie Ferris Cancer Australia Recognition Award,
(b)
Ms Mazzella won Category One of the Award, open to those with personal experience of
gynaecological cancer either as a woman with a diagnosis of gynaecological cancer, as a
community member, or family members or carers who have been directly involved in
supporting a woman with gynaecological cancer, and
(c)
Professor Bowtell won Category Two of the Award, which was open to health
professionals or researchers, working in the area of gynaecological cancer.
That this House further notes that:
(a)
this award is named in honour of the late Jeannie Ferris, former Senator for South Australia
who was passionately committed to raising awareness about gynaecological cancer in
Australia, and
(b)
Ms Ferris was diagnosed with ovarian cancer in October 2005 and passed away in April
2007.
That this House acknowledges that:
(a)
Ms Mazzella established the Gynaecological Awareness Information Network Inc. (GAIN)
which has informed and supported thousands of women,
(b)
Ms Mazzella is a powerful advocate for gynaecological and sexual health, personally
inspiring women and arguing for institutional and social change that delivers better
awareness, prevention, treatment and support, and
(c)
Ms Mazzella is an inspirational public speaker and the founder of the International
Gynaecological Awareness Day, and
(d)
in 2009, Ms Mazzella was awarded the Medal of the Order of Australia (OAM) for her
outstanding service to the community through raising the profile of gynaecological health
and was an inductee to the Hall of Fame – Our Bodies Ourselves Women’s Health Heroes,
Boston, United States, she was shortlisted for the Centre for Women in Leadership Award
and Most Inspiring Woman of the Year - Momentum Women’s Forum, she was conferred
the Zonta International “Woman of Achievement Award” for Western Australia and she
received an Executive Women’s Forum Woman of the Year award.
That this House also acknowledges that:
(a)
Professor David Bowtell is the Head, Cancer Genomics and Genetics at the Peter
MacCallum Cancer Centre, Melbourne and was Director of Research at Peter MacCallum
Cancer Centre, Melbourne, from 2000-2010,
(b)
Professor Bowtell has recently returned to full-time research to lead the ovarian cancer arm
of the National Health and Medical Research Council’s (NHMRC) $27 million
involvement in the International Cancer Genomics Consortium, a world-wide effort aimed
at mapping all the significant mutations in common cancers,
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5.
(c)
Professor Bowtell heads the Australian Ovarian Cancer Study (AOCS), a nationally
collaborative project involving over 2000 women with ovarian cancer and one of the largest
cohort studies of ovarian cancer in the world,
(d)
over the last decade, the AOCS has grown rapidly to become the largest molecular
epidemiological study of ovarian cancer in the world, an unparalleled resource supporting
over 70 ovarian cancer research projects in Australia, Canada, Japan, Norway, the United
Kingdom and the United States, with the goal of identifying genetic and biochemical
changes in ovarian cancers that dictate how a woman will respond to chemotherapy, and
predict her overall survival,
(e)
Professor Bowtell is a molecular biologist and his lab focuses on the genomic analysis of
ovarian cancer, with a focus on primary and acquired drug resistance,
(f)
Professor Bowtel’s lab is funded by Cancer Australia and the United States Department of
Defence to investigate high-risk BRCA mutations in women with ovarian cancer,
(g)
Professor David Bowtell was honoured for his exceptional research in ovarian cancer, and
(h)
Professor Bowtell has been honoured with an invitation as one of three researchers to give
the esteemed Swerling Lecture at the Dana-Farber Cancer Institute in Boston and was one
of 20 researchers worldwide, and one of two outside North America, invited to attend a
special conference on defeating ovarian cancer hosted by James Watson, who won a Nobel
Prize for discovering the structure of DNA.
That this House acknowledges and commends the outstanding work of Ms Kath Mazzella OAM
and Professor David Bowtell in gynaecological cancer education, research and patient care and
extends its congratulations to them on winning the Jeannie Ferris Cancer Australia Recognition
Awards.
Question put and passed.
10
AUSTRALIAN GOVERNMENT’S RESPONSE TO THE UKRAINIAN CRISIS (Formal Business)
Ms Ficarra moved, according to notice:
1.
That this House acknowledges:
(a)
the work of the Federal Government in relation to the present crisis in the Ukraine and the
welcome bi-partisan support of the Federal Government’s efforts to provide aid by training
of members of the Ukrainian forces and also provide humanitarian assistance in the
Ukraine,
(b)
that people around the world are gravely concerned by Russia’s actions in the Ukraine,
supporting rebel soldiers to fight against Ukrainian forces and that Russia has increased its
presence in the Ukraine with the stationing of Russian troops and tanks which have been
attacking Ukrainian forces,
(c)
that an Australian Embassy will be opened in the Ukrainian capital, Kyiv, a significant
milestone for Australian-Ukrainian relations and international relations,
(d)
the Prime Minister, the Hon Tony Abbott MP, along with his cabinet, will continue to
review the sanctions that have been implemented against Russia, which include:
(i)
banning the Russian President’s top aide from travelling to Australia,
(ii)
many economic sanctions banning Russian bankers from dealing in the Australian
market and financial system,
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(iii)
(e)
2.
Australian companies prohibited from supplying goods and services to the Russian
oil industry, and
the Australian Government’s sanctions are in line with those imposed by the Governments
of the United States and European Union members.
That this House:
(a)
congratulates and commends the Prime Minister, the Hon Tony Abbott MP, the Minister
for Foreign Affairs, the Hon Julie Bishop and the Federal Government on its efforts to
respond to the tragic circumstances in the Ukraine and ensure safety and stability in the
region,
(b)
congratulates and commends the Federal Opposition leader, the Hon Bill Shorten MP and
the Shadow Minister for Foreign Affairs, the Hon Tanya Plibersek for their bipartisan
support of the Government’s response to the current crisis in the Ukraine, and
(c)
acknowledges and commends the courageous efforts of the Australian Defence Force and
Australian Federal Police working alongside its international counterparts to assist with
stopping the crisis within Ukraine.
Question put and passed.
11
PAPER—TABLED BY MINISTER
Mr Mason-Cox tabled a Regulatory Impact Statement of the Environment Protection Authority for the
Proposed Protection of the Environment Operations (Underground Petroleum Storage Systems)
Regulation 2014.
12
STANDING COMMITTEE ON LAW AND JUSTICE—REPORT
The Chair (Mr Clarke) tabled Report No. 54 of the Standing Committee on Law and Justice entitled
“Review of the exercise of the functions of the WorkCover Authority”, dated September 2014, together
with transcripts of evidence, tabled documents, submissions, correspondence and answers to questions
taken on notice.
Ordered: That the report be printed.
Mr Clarke moved, according to standing order: That the House take note of the report.
Motion made (Mr Clarke speaking) and question: That this debate be now adjourned until next sitting
day—put and passed.
13
NOTICES OF MOTIONS
14
SELECT COMMITTEE ON THE PLANNING PROCESS IN NEWCASTLE AND THE
BROADER HUNTER REGION—MEMBERSHIP
The President informed the House that on Tuesday 16 September 2014 the Leader of the Government
nominated Ms Cusack and Mr Pearce as the Government members of the Select Committee on the
planning process in Newcastle and the broader Hunter Region.
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15
PRIVILEGES COMMITTEE—REFERENCE
Mr Gay moved, according to notice:
1.
That this House notes the revised draft ‘Memorandum of Understanding on the execution of search
warrants on the premises of Members of the New South Wales Parliament between the
Commissioner of the Independent Commission Against Corruption, the President of the
Legislative Council and the Speaker of the Legislative Assembly’ tabled by the President on
Tuesday 16 September 2014.
2.
That the Privileges Committee inquire into and report on the provisions of the revised draft
Memorandum of Understanding.
3.
That the Committee report by Thursday 6 November 2014.
4.
That a message be forwarded to the Legislative Assembly informing it of the terms of reference
agreed to by the House.
Question put and passed.
The following message was forwarded to the Legislative Assembly:
Madam SPEAKER
The Legislative Council desires to inform the Legislative Assembly that it has this day agreed to the
following resolution:
1.
That this House notes the revised draft ‘Memorandum of Understanding on the execution of search
warrants on the premises of Members of the New South Wales Parliament between the
Commissioner of the Independent Commission Against Corruption, the President of the
Legislative Council and the Speaker of the Legislative Assembly’ tabled by the President on
Tuesday 16 September 2014.
2.
That the Privileges Committee inquire into and report on the provisions of the revised draft
Memorandum of Understanding.
3.
That the Committee report by Thursday 6 November 2014.
4.
That a message be forwarded to the Legislative Assembly informing it of the terms of reference
agreed to by the House.
Legislative Council
17 September 2014
16
SUSPENSION OF STANDING AND
AMENDMENT (ELECTIONS) BILL 2014
DON HARWIN
President
SESSIONAL
ORDERS—CITY
OF
SYDNEY
On the President calling on the Clerk to read the order of the day, Mr Borsak 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. 1947 outside the order of precedence relating to the
City of Sydney Amendment (Elections) Bill 2014 be called on forthwith.
Question put and passed.
Mr Borsak then moved: That private members’ business item no. 1947 outside the order of precedence be
called on forthwith.
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Legislative Council Minutes No. 5—Wednesday 17 September 2014
Question put and passed.
17
CITY OF SYDNEY AMENDMENT (ELECTIONS) BILL 2014
Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Borsak:
That this bill be now read a second time.
Debate resumed.
Question put.
The House divided.
Ayes 19
Mr Ajaka
Mr Blair
Mr Borsak
Mr Brown
Mr Clarke
Mr Colless *
Ms Cusack
Ms Ficarra
Mr Gallacher
Miss Gardiner
Mr Gay
Mr Green
Mr Khan
Mr MacDonald
Mrs Maclaren-Jones
Mr Mason-Cox
Mrs Mitchell
Mrs Pavey
Dr Phelps *
* Tellers
Noes 16
Ms Barham
Mr Buckingham
Ms Cotsis
Mr Donnelly
Dr Faruqi
Dr Kaye
Mr Moselmane *
Mr Primrose
Mr Searle
Mr Secord
Ms Sharpe
Mr Shoebridge
Mr Veitch
Ms Voltz *
Ms Westwood
Mr Whan
* Tellers
Pairs
Mr Harwin
Mr Lynn
Mr Pearce
Ms Fazio
Mr Foley
Mr Wong
Question resolved in the affirmative.
Bill read a second time.
Ordered: That consideration of the bill in committee of the whole stand an order of the day for a later
hour of the sitting.
____________________
According to sessional order, proceedings interrupted at 2.30 pm for Questions.
____________________
18
QUESTIONS
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Legislative Council Minutes No. 5—Wednesday 17 September 2014
19
MESSAGE FROM THE LEGISLATIVE ASSEMBLY—PARLIAMENTARY COMMITTEES
MEMBERSHIPS
The President reported the following message from the Legislative Assembly:
Mr PRESIDENT
The Legislative Assembly has this day agreed to the following resolution:
That:
(1)
(a)
Christopher David Holstein be appointed to the Committee on the Independent
Commission Against Corruption in place of Timothy Francis Owen, resigned.
(b)
Christopher David Holstein be appointed to the Committee on the Ombudsman, the Police
Integrity Commission and the Crime Commission in place of Bart Edward Bassett,
discharged.
(c)
Glenn Edward Brookes be appointed to the Legislation Review Committee in place of
Garry Keith Edwards, discharged.
(d)
Andrew Baijan Rohan be appointed to the Joint Standing Committee on Road Safety in
place of Darren James Webber, discharged.
(e)
A message be sent informing the Legislative Council.
Legislative Assembly
17 September 2014
20
SHELLEY HANCOCK
Speaker
PERSONAL EXPLANATION
Mr Secord, by leave, made a personal explanation concerning comments made in Question Time this day
in relation to his views regarding road funding.
21
SUSPENSION OF STANDING AND
AMENDMENT (ELECTIONS) BILL 2014
SESSIONAL
ORDERS—CITY
OF
SYDNEY
On the President calling on the Clerk to read the order of the day, Mr Borsak 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. 1947 outside the order of precedence relating to the
City of Sydney Amendment (Elections) Bill 2014 be called on forthwith.
Question put and passed.
Mr Borsak then moved: That private members’ business item no. 1947 outside the order of precedence be
called on forthwith.
Question put and passed.
22
CITY OF SYDNEY AMENDMENT (ELECTIONS) BILL 2014
On the order of the day being read, the President left the Chair and the House sat as a committee of the
whole for consideration of this bill.
The committee reported the bill with amendments.
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Legislative Council Minutes No. 5—Wednesday 17 September 2014
The House adopted the report.
(With concurrence) Mr Borsak moved: That this bill be now read a third time.
Question put.
The House divided.
Ayes 22
Mr Ajaka
Mr Blair
Mr Borsak
Mr Brown
Mr Clarke
Mr Colless *
Ms Cusack
Ms Ficarra
Mr Gallacher
Miss Gardiner
Mr Gay
Mr Green
Mr Khan
Mr Lynn
Mr MacDonald
Mrs Maclaren-Jones
Mr Mason-Cox
Mrs Mitchell
Revd Mr Nile
Mrs Pavey
Mr Pearce
Dr Phelps *
* Tellers
Noes 19
Ms Barham
Mr Buckingham
Ms Cotsis
Mr Donnelly
Dr Faruqi
Ms Fazio *
Mr Foley
Dr Kaye
Mr Moselmane
Mr Primrose
Mr Searle
Mr Secord
Ms Sharpe
Mr Shoebridge
Mr Veitch
Ms Voltz *
Ms Westwood
Mr Whan
Mr Wong
* Tellers
Question resolved in the affirmative.
Bill read a third time.
Bill forwarded to the Legislative Assembly for concurrence.
23
MESSAGE FROM THE LEGISLATIVE ASSEMBLY—MUTUAL
(AUTOMATIC LICENSED OCCUPATIONS RECOGNITION) BILL 2014
RECOGNITION
The President reported the following message from the Legislative Assembly:
Mr PRESIDENT
The Legislative Assembly having this day agreed to the Bill with the long title “An Act to provide for the
automatic recognition of the licensing of certain occupations in other jurisdictions, and for other
purposes” returns the bill to the Legislative Council without amendment.
Legislative Assembly
17 September 2014
24
SHELLEY HANCOCK
Speaker
BUSINESS POSTPONED
Notices of motions nos 1 to 7 on the Notice Paper of government business postponed, on motion of Mr
Clarke, until a later hour of the sitting.
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25
BAIL AMENDMENT BILL 2014
On the order of the day being read, Mr Clarke (on behalf of Mr Ajaka) moved: That this bill be now read
a second time.
Leave granted for the mover’s second reading speech to be incorporated in Hansard.
Debate ensued.
Question put.
The House divided.
Ayes 21
Mr Ajaka
Mr Blair
Mr Colless
Ms Cotsis
Mr Donnelly
Ms Ficarra
Miss Gardiner
Mr Gay
Mr MacDonald
Mrs Maclaren-Jones
Mr Mason-Cox
Mrs Mitchell
Revd Mr Nile
Mr Pearce
Dr Phelps *
Mr Primrose
Mr Searle
Mr Secord
Ms Voltz *
Ms Westwood
Mr Whan
* Tellers
Noes 5
Ms Barham
Mr Buckingham
Dr Faruqi
Dr Kaye *
Mr Shoebridge *
* Tellers
Question resolved in the affirmative.
Bill read a second time.
The Deputy President (Mr Green) left the Chair and the House sat as a committee of the whole for
consideration of this bill.
The committee reported the bill without amendment.
The House adopted the report.
Standing orders having been suspended Wednesday 10 September 2014—
Bill, on motion of Mr Mason-Cox (on behalf of Mr Ajaka), read a third time.
Bill returned to the Legislative Assembly without amendment.
26
MINING AMENDMENT (SMALL-SCALE TITLE COMPENSATION) BILL 2014
On the order of the day being read, Mr Mason-Cox (on behalf of Mr Ajaka) moved: That this bill be now
read a second time.
Leave granted for the mover’s second reading speech to be incorporated in Hansard.
Debate ensued.
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Legislative Council Minutes No. 5—Wednesday 17 September 2014
____________________
Mr Buckingham, be leave, tabled the following documents:
Muttabun – Photo Catalogue – Volume One
Muttabun – Photo Catalogue – Volume Two
Muttabun – Photo Catalogue – Volume Three
Muttabun – Photo Catalogue – Volume Four.
____________________
Debate continued.
Question put and passed.
Bill read a second time.
The Deputy President (Mr Green) left the Chair and the House sat as a committee of the whole for
consideration of this bill.
The committee reported the bill without amendment.
The House adopted the report.
Standing orders having been suspended Wednesday 13 August 2014—
Bill, on the motion of Mr Gay (on behalf of Mr Ajaka), read a third time.
Bill returned to the Legislative Assembly without amendment.
____________________
According to sessional order, proceedings interrupted at 10.00 pm for adjournment.
____________________
The House continued to sit.
____________________
27
MESSAGE FROM THE LEGISLATIVE ASSEMBLY—CONSTITUTION AMENDMENT
(PARLIAMENTARY PRESIDING OFFICERS) BILL 2014
The Deputy President (Mr Green) reported the following message from the Legislative Assembly:
Mr PRESIDENT
The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the
Constitution Act 1902 with respect to the office of a Parliamentary presiding officer, and to amend
consequentially the Parliamentary Remuneration Act 1989” presents the bill to the Legislative Council for
its concurrence.
Legislative Assembly
17 September 2014
SHELLEY HANCOCK
Speaker
Bill, on the motion of Mr Gay, read a first time and ordered to be printed.
Mr Gay moved, according to contingent notice: That standing orders be suspended to allow the passing of
the bill through all its remaining stages during the present or any one sitting of the House.
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Legislative Council Minutes No. 5—Wednesday 17 September 2014
Question put and passed.
Ordered: That the second reading of the bill stand an order of the day for next sitting day.
28
ADJOURNMENT
Mr Gay moved: That this House do now adjourn.
Debate ensued.
Question put and passed.
The House adjourned at 10.34 pm until Thursday 18 September 2014 at 9.30 am.
29
ATTENDANCE
All members present.
David Blunt
Clerk of the Parliaments
_____________________________
Authorised by the Parliament of New South Wales
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