1939
PARLIAMENT OF NEW SOUTH WALES
LEGISLATIVE ASSEMBLY
2003-06
FIRST SESSION OF THE FIFTY-THIRD PARLIAMENT
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VOTES
AND
PROCEEDINGS
No. 172
THURSDAY 30 MARCH 2006
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1
MOTOR VEHICLES REPAIRS (ANTI-STEERING) BILL
Mr Torbay moved, pursuant to notice, That leave be given to bring in a bill for an Act to
regulate aspects relating to the repair of an insured motor vehicle following damage to the
vehicle; and for other purposes.
Question put and passed.
Bill presented and read a first time.
Mr Torbay moved, That this bill be now read a second time.
Debate adjourned (Mr Newell) and the resumption of the debate made an order of the day for a
future day.
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 30 March 2006
—————
It being close to 10.30 am, General Business Orders of the Day (for Bills) proceeded with.
—————
2
DIRECTOR OF PUBLIC PROSECUTIONS AMENDMENT (PARLIAMENTARY
JOINT COMMITTEE) BILL
The order of the day was read for the resumption of the interrupted reply, on the motion of Mr
Tink, That this bill be now read a second time.
Question again proposed and reply resumed.
Question put.
The House divided.
AYES 32
Mr Aplin, Ms Berejiklian, Mr Cansdell, Mr Constance, Mr Draper, Mrs Fardell, Mr Fraser, Mrs
Hancock, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, Mr Humpherson, Mr
Kerr, Mr Merton, Mr O'Farrell, Mr Oakeshott, Mr Page, Mr Piccoli, Mr Richardson, Mr
Roberts, Ms Seaton, Mrs Skinner, Mr Slack-Smith, Mr Souris, Mr Stoner, Mr Tink, Mr Torbay,
Mr J.H. Turner and Mr R.W. Turner.
Tellers: Mr George and Mr Maguire.
NOES 47
Ms Allan, Mr Amery, Ms Andrews, Mr Bartlett, Ms Beamer, Mr Black, Ms Burney, Miss
Burton, Mr Campbell, Mr Chaytor, Mr Collier, Mr Corrigan, Mr Crittenden, Ms D'Amore, Mr
Daley, Mr Debus, Ms Gadiel, Mr Gaudry, Mr Gibson, Mr Greene, Ms Hay, Mr Hunter, Ms
Judge, Mr Lynch, Mr McBride, Mr McLeay, Ms Meagher, Ms Megarrity, Mr Mills, Ms Moore,
Mr Morris, Mr Newell, Mr Orkopoulos, Mr Pearce, Mrs Perry, Mr Price, Ms Saliba, Mr Scully,
Mr Shearan, Mr Stewart, Ms Tebbutt, Mr Tripodi, Mr Watkins, Mr West and Mr Yeadon.
Tellers: Mr Ashton and Mr Martin.
Pair: Mr Debnam—Ms Keneally.
Question negatived.
3
CRIMINAL APPEAL AMENDMENT (JURY VERDICTS) BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr
Tink, That this bill be now read a second time.
Question again proposed and debate resumed.
Debate adjourned (Mr Newell, by leave) and the resumption of the debate made an order of the
day for tomorrow.
1941
VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 30 March 2006
4
PROTECTION OF AGRICULTURAL PRODUCTION (RIGHT TO FARM) BILL
The order of the day was read for the resumption of the interrupted debate, on the motion of Mr
Page, That this bill be now read a second time.
Question again proposed and debate resumed.
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SUSPENSION OF STANDING ORDERS
Mr Newell moved, by leave, That standing and sessional orders be suspended to postpone the
resumption of the interrupted speech of the member for Murrumbidgee until a later time in the
debate.
Question put and passed.
—————
Debate adjourned (Mr George) and the resumption of the debate made an order of the day for
tomorrow.
—————
It being 11.30 am, General Business Notices of Motions (General Notices) proceeded with.
—————
5
TOURISM INDUSTRY
General Business Notice of Motion (General Business) No 5 (Tourism Industry) called on and
lapsed (Mr Armstrong not being present).
6
ST IVES AND KU-RING-GAI BUILDING DEVELOPMENT
Mr Humpherson moved, pursuant to notice, as amended by leave, That this House in support of
the meeting of residents of St Ives and other areas of Ku-ring-gai on 21 June 2003:
(1)
Condemns the Government for continuing to inflict its over-development policies upon
the community of St Ives and Ku-ring-gai;
(2)
Objects to developers destroying St Ives and Ku-ring-gai streetscapes and natural
environment and depriving the community of appropriate amenity and adequate
infrastructure; and
(3)
Calls on the Premier and the Minister for Planning to relax the extent of the
Government’s over-development policies and return full planning powers to the
democratically elected council.
Debate ensued.
Question put.
The House divided.
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 30 March 2006
AYES 35
Mr Aplin, Mr Armstrong, Mr Barr, Ms Berejiklian, Mr Cansdell, Mr Constance, Mr Debnam,
Mr Draper, Mrs Fardell, Mr Fraser, Mrs Hancock, Mr Hartcher, Mr Hazzard, Ms Hodgkinson,
Mrs Hopwood, Mr Humpherson, Mr Kerr, Mr McTaggart, Mr Merton, Mr O'Farrell, Mr
Oakeshott, Mr Piccoli, Mr Richardson, Mr Roberts, Ms Seaton, Mrs Skinner, Mr Slack-Smith,
Mr Souris, Mr Stoner, Mr Tink, Mr Torbay, Mr J.H. Turner and Mr R.W. Turner.
Tellers: Mr George and Mr Maguire.
NOES 46
Ms Allan, Mr Amery, Ms Andrews, Mr Bartlett, Ms Beamer, Mr Black, Ms Burney, Miss
Burton, Mr Campbell, Mr Chaytor, Mr Collier, Mr Corrigan, Ms D'Amore, Mr Daley, Mr
Debus, Ms Gadiel, Mr Gaudry, Mr Greene, Ms Hay, Mr Hickey, Mr Hunter, Ms Judge, Mr
Lynch, Mr McBride, Mr McLeay, Ms Meagher, Ms Megarrity, Mr Mills, Mr Morris, Mr
Newell, Mr Orkopoulos, Mrs Paluzzano, Mr Pearce, Mrs Perry, Mr Price, Ms Saliba, Mr Scully,
Mr Shearan, Mr Stewart, Ms Tebbutt, Mr Tripodi, Mr Watkins, Mr West and Mr Yeadon.
Tellers: Mr Ashton and Mr Martin.
Pair: Mr Pringle—Ms Keneally.
Question negatived.
7
SUSTAINABLE FISHING IN NEW SOUTH WALES
General Business Notice of Motion (General Business) No 8 (Sustainable Fishing in New South
Wales) called on.
The Acting Speaker (Ms Andrews) advised the House that the Speaker had received written
advice from Mr Stoner postponing the notice of motion standing in his name.
8
AFFORDABLE HOUSING IN NEW SOUTH WALES
Ms Seaton moved, That this House:
(1)
(2)
Notes:
(a)
The crisis in affordable housing in New South Wales under the current
Government;
(b)
That house and land packages have risen from $250,000 to $400,000 in the last
three years, causing a building company to withdraw from the market;
(c)
The Government’s windfall stamp duty gains of $830 million last year alone;
and
(d)
The lack of affordable housing strategies by the Government.
Calls on the Government to support the Coalition’s Stamp Duty Reduction Plan.
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 30 March 2006
Debate ensued.
Question put.
The House divided.
AYES 34
Mr Aplin, Mr Armstrong, Ms Berejiklian, Mr Cansdell, Mr Constance, Mr Debnam, Mr Draper,
Mrs Fardell, Mr Fraser, Mrs Hancock, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mrs
Hopwood, Mr Humpherson, Mr Kerr, Mr McTaggart, Mr Merton, Mr O'Farrell, Mr Oakeshott,
Mr Piccoli, Mr Richardson, Mr Roberts, Ms Seaton, Mrs Skinner, Mr Slack-Smith, Mr Souris,
Mr Stoner, Mr Tink, Mr Torbay, Mr J.H. Turner and Mr R.W. Turner.
Tellers: Mr George and Mr Maguire.
NOES 46
Ms Allan, Mr Amery, Ms Andrews, Mr Bartlett, Ms Beamer, Mr Black, Ms Burney, Miss
Burton, Mr Campbell, Mr Chaytor, Mr Collier, Mr Corrigan, Mr Crittenden, Ms D'Amore, Mr
Daley, Mr Debus, Ms Gadiel, Mr Gaudry, Mr Greene, Ms Hay, Mr Hickey, Mr Hunter, Ms
Judge, Mr Lynch, Mr McBride, Mr McLeay, Ms Meagher, Ms Megarrity, Mr Mills, Mr Morris,
Mr Newell, Mr Orkopoulos, Mrs Paluzzano, Mr Pearce, Mrs Perry, Mr Price, Ms Saliba, Mr
Shearan, Mr Stewart, Ms Tebbutt, Mr Tripodi, Mr Watkins, Mr West and Mr Yeadon.
Tellers: Mr Ashton and Mr Martin.
Pair: Mr Pringle—Ms Keneally.
Question negatived.
9
MINISTERIAL ARRANGEMENT
Mr Iemma announced that during the absence of the Minister for Tourism and Sport and
Recreation, Minister for Women, and Minister Assisting the Minister for State Development, he
would answer questions on behalf of the Minister.
10
MINISTERIAL STATEMENT—NEW SOUTH WALES ATHLETES
Mr Iemma made a statement in relation to the New South Wales athletes in the Australian
Commonwealth Games team.
Mr Page also addressed the House.
11
NOTICE OF MOTION
12
PAPER
Ms Tebbutt, by leave, tabled:
Audited contract summary for the Newcastle Mater Hospital Project Public Private Partnership,
as at 30 December 2005, dated 22 March 2006.
1944
VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 30 March 2006
13
PETITIONS
The Clerk announced that petitions had been received as follows:
Mrs Hancock and Mr Stoner—from certain citizens requesting the removal of the $10 booking
fee imposed on pensioner travel vouchers.
Mrs Hancock—from certain citizens opposing any reduction in rail services on the South Coast
line.
Mrs Hopwood—from certain citizens requesting adequate commuter parking at Hornsby and
Berowra railway stations.
Ms Moore—from certain citizens requesting that companion animals be allowed to travel on all
public transport.
Mr Newell—from certain citizens requesting the retention of the CountryLink rail service from
Murwillumbah to Casino.
Mr Stoner—from certain citizens opposing the abolition of CountryLink rail services and their
replacement with buses in rural and regional New South Wales.
Mrs Hancock—from certain citizens requesting the prohibition of fishing competitions in the
Jervis Bay Marine Park.
Mrs Hancock—from certain citizens requesting a prohibition on extraction of water from the
Shoalhaven River for the purpose of supporting Sydney’s water supply.
Mrs Hopwood—from certain citizens opposing whaling in Australian waters.
Mrs Skinner—from certain citizens requesting additional police to catch and prosecute the
perpetrators of graffiti.
Mr Maguire—from certain citizens requesting funding for the provision of a school assembly
hall facility at the Mount Austin Public School.
Mr Maguire—from certain citizens requesting air conditioning for classrooms at public schools
in the Wagga Wagga electorate.
Mr Pringle—from certain citizens requesting the installation of air conditioning in all
classrooms and the library at Colo High School.
Mr Cansdell—from certain citizens opposing the closure of inpatient beds and the reduction in
emergency department hours at the Campbell Hospital, Coraki.
Mr Cansdell, Mrs Hopwood, Mr Richardson and Mr Stoner—from certain citizens requesting
the continued funding of BreastScreen NSW.
Mrs Hancock—from certain citizens requesting a dedicated mental health hospital in the
Shoalhaven.
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 30 March 2006
Mr Kerr—from certain citizens requesting the re-establishment of a local community based
hospital board of management at Sutherland Hospital.
Ms Moore—from certain citizens requesting funding to increase and maintain mental health
services and support.
Ms Moore—from certain citizens requesting the redevelopment and expansion of the Caritas
mental health inpatient facility.
Mr Slack-Smith—from certain citizens requesting that Dr Nicholas Heath Aalders be included
on and given equal access to the current Visiting Medical Officer roster of the Greater Western
Area Health Service.
Mr Stoner—from certain citizens objecting to the criteria for country cancer patients to qualify
for the Isolated Patients’ Travel and Accommodation Assistance Scheme (IPTAAS).
Mr Collier—from certain citizens opposing sandmining on the Kurnell Peninsula.
Mrs Hancock—from certain citizens opposing the proposal by Kylor for their land in Manyana
to be rezoned.
Mrs Hopwood—from certain citizens requesting rezoning at the eastern end of Stokes Avenue
Asquith to open space, to ensure the protection of the threatened bushland, which borders Kuring-gai Chase National Park.
Mr Hunter—from certain citizens opposing Centennial Coal Company Limited’s NewstanAwaba Mines Extension proposal for open cut mining.
Mr Crittenden—from certain citizens requesting funding for community based preschools to the
same level as those administered by the Department of Education.
Ms Moore—from certain citizens opposing the genetically engineered canola trials in New
South Wales.
Mr Stoner and Mr J.H. Turner—from certain citizens opposing any restrictions on recreational
fishing in Mid North Coast waters.
Ms Moore—from certain citizens requesting that overhead cables be buried underground.
Mrs Hancock—from certain citizens opposing an increase in rates in the Shoalhaven City
Council area.
Mrs Hopwood—from certain citizens requesting an inquiry into Hornsby Shire Council’s
acquisition of CSR Quarry.
Ms Berejiklian—from certain citizens requesting a right turn arrow at the intersection of
Edinburgh Road and Eastern Valley Way, Castlecrag.
Mr Cansdell—from certain citizens requesting the construction of a new bridge over the
Clarence River at Grafton.
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 30 March 2006
Mr Collier—from certain citizens opposing the construction of any freeway or motorway
through the Royal National Park and the Sutherland Shire from Loftus to St Peters.
Ms Hodgkinson—from certain citizens requesting that the Roads and Traffic Authority give
greater priority to the Barton Highway for Federal Auslink funding.
Mr Maguire—from certain citizens requesting funding for the upgrade of The Rock/Bullenbong
Road.
Mr Pringle—from certain citizens requesting funding for the implementation of the Old
Northern and New Line Road strategic route development study.
14
NOTICES OF MOTIONS FOR URGENT CONSIDERATION
Mr Black—Country Labor
Mrs Skinner—Public Health.
15
QUESTIONS
16
SUPPLEMENTARY ANSWERS
Mr Iemma provided supplementary information to questions without notice asked of him earlier
this day by the Member for Clarence and the Member for North Shore.
17
PERSONAL EXPLANATION
Mr Brown, by leave, made a personal explanation concerning remarks made by him during
Question Time.
18
SPECIAL ADJOURNMENT
Mr Scully moved, That the House at its rising this day do adjourn until Tuesday 4 April 2006, at
2.15 pm.
Question put and passed.
19
MOTIONS FOR URGENT CONSIDERATION
(1)
Mr Black made a statement in support of his notice for urgent consideration—
That this House:
(1)
Congratulates Country Labor on its efforts to ensure that employment is,
wherever possible, protected in regional and rural NSW; and
(2)
In particular commends Country Labor for its stance on Exceptional
Circumstances, Telstra, and single export desks for grain, including rice.
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 30 March 2006
(2)
Mrs Skinner made a statement in support of her notice for urgent consideration—
That this House condemns the Premier for his failure to protect public health.
Question—That the notice for urgent consideration of the Member for Murray-Darling be
proceeded with—put.
The House divided.
AYES 47
Ms Allan, Mr Amery, Ms Andrews, Mr Bartlett, Ms Beamer, Mr Black, Mr Brown, Ms Burney,
Miss Burton, Mr Campbell, Mr Chaytor, Mr Collier, Mr Corrigan, Mr Crittenden, Ms D'Amore,
Mr Daley, Mr Debus, Ms Gadiel, Mr Gaudry, Mr Gibson, Mr Greene, Ms Hay, Mr Hickey, Mr
Hunter, Ms Judge, Mr Lynch, Mr McBride, Mr McLeay, Ms Meagher, Ms Megarrity, Mr Mills,
Mr Morris, Mr Newell, Mrs Paluzzano, Mr Pearce, Mrs Perry, Ms Saliba, Mr Shearan, Mr
Stewart, Ms Tebbutt, Mr Tripodi, Mr Watkins, Mr West, Mr Whan and Mr Yeadon.
Tellers: Mr Ashton and Mr Martin.
NOES 33
Mr Aplin, Mr Barr, Ms Berejiklian, Mr Cansdell, Mr Constance, Mr Debnam, Mr Draper, Mrs
Fardell, Mr Fraser, Mrs Hancock, Ms Hodgkinson, Mrs Hopwood, Mr Humpherson, Mr Kerr,
Mr McTaggart, Mr Merton, Ms Moore, Mr O'Farrell, Mr Oakeshott, Mr Page, Mr Richardson,
Mr Roberts, Ms Seaton, Mrs Skinner, Mr Slack-Smith, Mr Souris, Mr Stoner, Mr Tink, Mr
Torbay, Mr J.H. Turner and Mr R.W. Turner.
Tellers: Mr George and Mr Maguire.
Pair: Ms Keneally—Mr Piccoli.
Question passed.
—————
It being 4.15 pm, debate interrupted for notices of motions (general notices) and private
members’ statements.
—————
20
NOTICES OF MOTIONS (GENERAL NOTICES)
21
PRIVATE MEMBERS’ STATEMENTS
Question proposed—That private members’ statements be noted.
Debate ensued.
Question put and passed.
1948
VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 30 March 2006
22
ADJOURNMENT
The House adjourned, pursuant to sessional orders, at 5.28 pm, until Tuesday 4 April 2006, at
2.15 pm.
.
RUSSELL D. GROVE PSM
Clerk of the Legislative Assembly
JOHN AQUILINA
Speaker
__________________
Authorised by the Parliament of New South Wales