121
PARLIAMENT OF NEW SOUTH WALES
LEGISLATIVE ASSEMBLY
2002
THIRD SESSION OF THE FIFTY-SECOND PARLIAMENT
___________________
VOTES
AND
PROCEEDINGS
No. 10
THURSDAY 21 MARCH 2002
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1
ABSENCE OF THE SPEAKER
The Clerk informed the House of the absence of the Speaker for the commencement of the
sitting and, pursuant to Standing Order 16, announced that the Deputy Speaker would take the
Chair.
2
LOCAL GOVERNMENT AMENDMENT (ETHICS REVIEW PANEL) BILL
The Order of the Day was read for the resumption of the interrupted second reading speech, on
the motion of Mr Barr, That this bill be now read a second time.
Question again proposed and debate resumed.
Mr Yeadon moved, That this debate be now adjourned.
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 21 March 2002
Ordered, That the resumption of the debate stand an Order of the Day for a future day.
3
YOUNG OFFENDERS AMENDMENT (REFORM OF CAUTIONING AND WARNING)
BILL
Mr Stoner moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend
the Young Offenders Act 1997 to reform the cautioning and warning system under that Act; and
for other purposes.
Question put and passed.
Bill presented and read a first time.
Mr Stoner moved, That this bill be now read a second time.

It being 10.30 am speech interrupted for General Business Orders of the Day (for Bills).

Ordered, That the resumption of the interrupted second reading speech stand an Order of the
Day for tomorrow.
4
CRIMES (SENTENCING PROCEDURE) AMENDMENT (GENERAL SENTENCING
PRINCIPLES) BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr
Torbay, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put and passed.
Bill read a second time.
Leave granted for the third reading forthwith.
Bill, on motion of Mr Torbay, read a third time.
5
PARLIAMENTARY
ELECTORATES
(ENROLMENT AND VOTING) BILL
AND
ELECTIONS
AMENDMENT
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr
Fraser, That this bill be now read a second time.
Question again proposed and debate resumed.
Mr Fraser speaking in reply
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 21 March 2002

It being 11.30 am debate interrupted for General Business Notices of Motions (General
Notices).

Ordered, That the resumption of the debate stand an Order of the Day for tomorrow.
6
PUBLIC LIABILITY INSURANCE
Mr Armstrong moved, pursuant to notice, That this House:
(1)
Notes the overwhelming community support, as evidenced in two community meetings
held in Cootamundra and Forbes, for reform of public liability insurance, and support
for capping or reducing damages for personal injury, and the exemption of volunteers
and small community organisations from liability.
(2)
Calls on Federal, State and Local Governments to launch an education program aimed
at convincing people to “stop suing each other” and to “accept responsibility for
themselves”.
Debate ensued.
Question put.
The House divided.
AYES 37
Mr Armstrong, Mr Barr, Mr Brogden, Mr Collins, Mr Cull, Mr Debnam, Mr George, Mr
Glachan, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, Mr Humpherson, Dr
Kernohan, Mr Kerr, Mr Maguire, Mr McGrane, Mr Merton, Ms Moore, Mr O'Farrell, Mr
Oakeshott, Mr D.L. Page, Mr Piccoli, Mr Richardson, Mr Rozzoli, Ms Seaton, Mrs Skinner, Mr
Slack-Smith, Mr Souris, Mr Stoner, Mr Tink, Mr Torbay, Mr J.H. Turner, Mr R.W. Turner and
Mr Webb.
Tellers: Mr Fraser and Mr R.H.L. Smith.
NOES 49
Ms Allan, Mr Amery, Ms Andrews, Mr Aquilina, Mr Ashton, Ms Beamer, Mr Black, Mr
Brown, Miss Burton, Mr Campbell, Mr Collier, Mr Crittenden, Mr Debus, Mr Face, Mr Gaudry,
Mr Gibson, Mr Greene, Mrs Grusovin, Ms Harrison, Mr Hickey, Mr Hunter, Mr Iemma, Mr
Knowles, Mr Lynch, Mr Markham, Mr Martin, Mr McManus, Ms Meagher, Ms Megarrity, Mr
Mills, Mr Moss, Mr Newell, Ms Nori, Mr Orkopoulos, Mr E.T. Page, Mrs Perry, Mr Price, Ms
Saliba, Mr Scully, Mr W.D. Smith, Mr Stewart, Mr Tripodi, Mr Watkins, Mr West, Mr Whelan,
Mr Woods and Mr Yeadon.
Tellers: Mr Anderson and Mr Thompson.
Pair: Mrs Chikarovski—Mrs Lo Po'.
Question negatived.
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 21 March 2002
7
RURAL CRIME WORKING PARTY
Mr George moved, pursuant to notice, That this House:
(1)
Notes that the Rural Crime Working Party delivered its recommendations for changes to
policy and legislation to the Government 16 months ago in October 2000.
(2)
Recognises the number of cattle, sheep, tractors, motor bikes, trikes, machinery,
drenches etc which have been stolen during this 16 months.
(3)
Condemns the Government for its failure to address the recommendations of the Rural
Crime Working Party and its lack of action in the fight against rural crime; and
(4)
Calls on the Government to urgently release the recommendations of the Rural Crime
Working Party and to implement policies to counter rural crime in New South Wales.
Debate ensued.

PAPER:
Mr Woods, by leave, tabled a joint press release from the Minister for Police and the NSW
Farmers Association regarding rural crime measures, dated 27 February 2002.

Question put.
The House divided.
AYES 36
Mr Armstrong, Mr Barr, Mr Brogden, Mr Collins, Mr Cull, Mr Debnam, Mr George, Mr
Glachan, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, Mr Humpherson, Dr
Kernohan, Mr Kerr, Mr Maguire, Mr McGrane, Mr Merton, Ms Moore, Mr Oakeshott, Mr D. L.
Page, Mr Piccoli, Mr Richardson, Mr Rozzoli, Ms Seaton, Mrs Skinner, Mr Slack-Smith, Mr
Souris, Mr Stoner, Mr Tink, Mr Torbay, Mr J. H. Turner, Mr R. W. Turner and Mr Webb.
Tellers: Mr Fraser and Mr R. H. L. Smith.
NOES 47
Ms Allan, Mr Amery, Ms Andrews, Mr Aquilina, Mr Ashton, Ms Beamer, Mr Black, Mr
Brown, Miss Burton, Mr Campbell, Mr Collier, Mr Crittenden, Mr Debus, Mr Face, Mr Gaudry,
Mr Greene, Mrs Grusovin, Ms Harrison, Mr Hickey, Mr Hunter, Mr Iemma, Mr Lynch, Mr
Markham, Mr Martin, Mr McManus, Ms Meagher, Ms Megarrity, Mr Mills, Mr Moss, Mr
Newell, Ms Nori, Mr Orkopoulos, Mr E.T. Page, Mrs Perry, Mr Price, Ms Saliba, Mr Scully,
Mr W.D. Smith, Mr Stewart, Mr Tripodi, Mr Watkins, Mr West, Mr Whelan, Mr Woods and
Mr Yeadon.
Tellers: Mr Anderson and Mr Thompson.
Pair: Mrs Chikarovski—Mrs Lo Po'.
Question negatived.
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 21 March 2002
8
COMMITTEE ON CHILDREN AND YOUNG PEOPLEREPORT ENTITLED
“LEARNING TO RUN: REVIEW OF THE SECOND ANNUAL REPORT OF THE
COMMISSION FOR CHILDREN AND YOUNG PEOPLE FOR THE 2000-2001
FINANCIAL YEAR”, DATED FEBRUARY 2002
Question proposedThat the House take note of the Report.
Debate ensued.
Question put and passed.
9
SUSPENSION OF STANDING AND SESSIONAL ORDERS—INTRODUCTION OF
BILLS
Mr Woods moved, That Standing and Sessional Orders be suspended to permit the introduction
and progress up to and including the Minister’s second reading speech forthwith of the Criminal
Procedure Amendment (Sexual Assault Communications Privilege) Bill and the Courts
Legislation Amendment Bill.
Question put and passed.
10
CRIMINAL PROCEDURE AMENDMENT (SEXUAL ASSAULT COMMUNICATIONS
PRIVILEGE) BILL
Mr Debus moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend
the Criminal Procedure Act 1986 to make further provision with respect to sexual assault
communications privilege.
Question put and passed.
Bill presented and read a first time.
Mr Debus moved, That this bill be now read a second time.
Debate adjourned (Mr R.H.L. Smith) and the resumption of the debate made an Order of the
Day for a future day.
11
COURTS LEGISLATION AMENDMENT BILL
Mr Debus moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend
various Acts to make further provision for the qualifications for appointment to judicial office
and for acting judicial office appointments; and for other purposes.
Question put and passed.
Bill presented and read a first time.
Mr Debus moved, That this bill be now read a second time.
Debate adjourned (Mr R.H.L. Smith) 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 21 March 2002
12
MINISTERIAL STATEMENTSTEM CELL RESEARCH
Mr Carr made a statement concerning stem cell research.
Mrs Chikarovski also addressed the House.
13
MINISTERIAL STATEMENTGEORGES RIVER BASIN SEWAGE
Mr Yeadon made a statement concerning sewage waste in the Georges River basin.
Mr Merton also addressed the House.
14
MINISTERIAL STATEMENTMEDICAL INSURANCE
Mr Knowles made a statement concerning medical insurance.
Mrs Skinner also addressed the House.
15
PETITIONS
The Clerk announced that the following members had each lodged petitions for presentation:
Mr Tinkfrom certain citizens requesting drug reform through Rapid Detox Naltrexone Drug
Rehabilitation Centres.
Mr Barrfrom certain citizens opposing the current lease process for the Quarantine Station at
Manly.
Ms Moorefrom certain citizens requesting an inquiry into all genetically modified food.
Dr Kernohanfrom certain citizens requesting changes to legislation relating to the burning off
of hazardous material.
Mr Piccoli and Mr Stonerfrom certain citizens requesting amendments to the Young
Offenders Act.
Mr Barrfrom certain citizens requesting the continuation of the JetCat services to Manly after
7.00 pm.
Mr Collinsfrom certain citizens requesting a review of components of the Lane Cove tunnel
works.
Ms Moorefrom certain citizens requesting the removal of car parking from Moore Park.
Mr Slack-Smithfrom certain citizens requesting the reinstatement of above rail community
service obligations on branch lines until infrastructure on these lines is upgraded.
Mr Stonerfrom certain citizens requesting that the planned by-pass of Kempsey and
Macksville be fast-tracked.
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 21 March 2002
Mr Barrfrom certain citizens opposing any further hard surfacing and development of the
crown land portion of John Fisher Park and Abbott Road Land.
Mr Barrfrom certain citizens requesting funding to assist in the remediation of Manly
Lagoon.
Mr Rozzolifrom certain citizens opposing the abolition of the Hawkesbury Nepean
Catchment Management Trust without valid reason or consultation.
Mr Barrfrom certain citizens requesting the reinstatement of Queenscliff as a suburb with the
Geographical Names Board.
Ms Moorefrom certain citizens requesting the protection of old growth forests.
Mr Collinsfrom certain citizens requesting the replacement of temporary demountable
classrooms at Northbridge Primary School.
Mr Debnamfrom certain citizens requesting the increase of beat policing in local
communities.
Ms Moorefrom certain citizens requesting increased police presence in the Surry Hills area.
Mr Tinkfrom certain citizens opposing the closure of Malabar Police Station.
16
PAPERS
(1)
Mr Debus, by leave, tabled:
Report entitled “Review of the Drug Court Act 1998”, dated March 2002.
Report of the New South Wales Law Reform Commission for the year ended 30 June 2001.
Report of the Office of the Legal Services Commissioner for the year ended 30 June 2001.
Constitution of the Waste Recycling and Processing Corporation, dated February 2002.
(2)
Mr Scully, by leave, tabled:
Report entitled “Final ReportSuitability of Liverpool-Parramatta Transitway for use by light
rail”, dated November 2001.
Report of the Waterways Authority for the year ended 30 June 2001.
17
NOTICES OF MOTIONS FOR URGENT CONSIDERATION
Mr W.D. SmithAgribusiness Industries.
Mrs SkinnerAmbulance Officers at John Hunter Hospital.
18
QUESTIONS
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 21 March 2002
19
PRINTING OF PAPERS
Mr Whelan moved, pursuant to notice, by leave, That the following papers be printed
Report by the Attorney General pursuant to section 23 of the Listening Devices Act 1984 for
2000.
Report of the Commissioners of Inquiry for Environment and Planning for the year ended 30
June 2001.
Report of the Minister for Police entitled “Review of the Witness Protection Act 1995”, dated
December 2001.
Report of the National Environment Protection Council for the year ended 30 June 2001.
Report of the State Emergency Management Committee for the year ended 30 June 2001.
Report of the State Rescue Board of New South Wales for the year ended 30 June 2001.
Variations of the Payments Estimates and Appropriations for 2001-2002 in relation to the
Olympic Co-ordination Authority and the NSW Department of Sport and Recreation, in terms
of section 24 of the Public Finance and Audit Act 1983.
Debate ensued.
Question put and passed.
20
PAPER
Dr Refshauge, by leave, tabled the constitution of Landcom, dated December 2001, pursuant to
section 26(1)(a) of the State Owned Corporations Act 1989.
21
MESSAGE FROM THE LEGISLATIVE COUNCIL
The Speaker reported the following message from the Legislative Council:
MR SPEAKER
The Legislative Council has this day agreed to the “Anti-Discrimination Amendment (Drug
Addiction) Bill” with the amendment indicated by the accompanying schedule, in which
amendment the Council requests the concurrence of the Legislative Assembly.
Legislative Council
20 March 2002
FRED NILE
Deputy President
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Thursday 21 March 2002
ANTI-DISCRIMINATION AMENDMENT (DRUG ADDICTION) BILL
Schedule of the amendment referred to in Message of 20 March 2002.
JOHN EVANS
Clerk of the Parliaments
Page 3, Schedule 1. Insert after line 13:
(3)
However, nothing in this section makes it lawful to discriminate against a
person on the ground of the person having hepatitis C, HIV infection or any
medical condition other than addiction to a prohibited drug.
Examined
TONY KELLY
Chairman of Committees
________________
Ordered by the Speaker, That the amendment made by the Legislative Council in the bill be
taken into consideration tomorrow.
22
MOTIONS FOR URGENT CONSIDERATION
(1)
Mr W.D. Smith made a statement in support of his notice for urgent consideration.
(2)
Mrs Skinner made a statement in support of her notice for urgent consideration
That this House notes that ambulance officer members of the Hunter sub-branch of HAREA are
so concerned about being unable to drop their patients at the gridlocked Emergency Department
at John Hunter Hospital that, if there are any delays on March 25, they plan to offload patients
onto camp stretchers in the triage area in order to be able to respond to other urgent calls.
QuestionThat the notice for urgent consideration of the Member for South Coast (Mr W.D.
Smith) be proceeded withput and passed.
23
MOTION FOR URGENT CONSIDERATIONAGRIBUSINESS INDUSTRIES
Mr W.D. Smith moved, pursuant to notice, That this House
(1)
Recognises the growing importance of the agribusiness industries to rural and regional
communities in New South Wales;
(2)
Notes that the State Government’s Agribusiness Alternatives Program is encouraging
renewed growth and diversification from traditional agricultural markets; and
(3)
Calls on the Federal Government to follow the Government’s lead and provide immediate
support for rural communities who are looking to refocus their resources into new and
emerging industries.
Debate ensued.
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Thursday 21 March 2002
____________
It being 4.15 pm debate interrupted for private members' statements.
_____________
Motion lapsed.
24
PRIVATE MEMBERS' STATEMENTS
Question proposed—That private members' statements be noted.
Debate ensued.
Question put and passed.
25
MESSAGE FROM THE LEGISLATIVE COUNCIL
Mr Mills, Acting Speaker, reported a message from the Legislative Council dated 21 March
2002, returning the Bail Amendment (Confiscation of Passports) Bill, without amendment.
26
PERSONAL EXPLANATION
Mr Maguire, by leave, made a personal explanation.
27
ADJOURNMENT
The House adjourned, pursuant to sessional orders, at 5.55 pm, until tomorrow, at 10.00 am.
RUSSELL D. GROVE PSM
Clerk of the Legislative Assembly
JOHN MURRAY
Speaker
__________________
Authorised by the Parliament of New South Wales