81
PARLIAMENT OF NEW SOUTH WALES
LEGISLATIVE ASSEMBLY
2002
THIRD SESSION OF THE FIFTY-SECOND PARLIAMENT
___________________
VOTES
AND
PROCEEDINGS
No. 6
THURSDAY 14 MARCH 2002
___________________
1
AUDIT OFFICE
The Speaker, pursuant to section 52A of the Public Finance and Audit Act 1983, tabled Volume
One of the Auditor-General’s Report for 2002, dated March 2002.
Ordered to be printed.
2
CRIMES (SENTENCING PROCEDURE) AMENDMENT (GENERAL SENTENCING
PRINCIPLES) BILLRESTORATION
Mr Torbay moved, pursuant to notice, That, following the Message from the Legislative
Council in relation to this Bill, the second reading of the Crimes (Sentencing Procedure)
Amendment (General Sentencing Principles) Bill be restored to the Business Paper as an Order
of the Day.
Question put and passed.
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Thursday 14 March 2002
3
CRIMES (SENTENCING PROCEDURE) AMENDMENT (GENERAL SENTENCING
PRINCIPLES) BILL
In accordance with the resolution of the House of 13 March 2002, Mr Torbay moved, That this
bill be now read a second time.
Debate adjourned (Mr Yeadon) and the resumption of the debate made an Order of the Day for
tomorrow.
4
LOCAL COMMUNITIES (BROTHELSFLEXIBLE ZONING) BILL
The Order of the Day was read for the resumption of the interrupted second reading speech, on
the motion of Mr Torbay, That this bill be now read a second time.
Question again proposed and debate resumed.
Mr Yeadon moved, That this debate be now adjourned.
Question put and passed.
Ordered, That the resumption of the debate stand an Order of the Day for tomorrow.
5
LOCAL GOVERNMENT AMENDMENT (ETHICS REVIEW PANEL) BILL
Mr Barr moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend
the Local Government Act 1993 to provide for the establishment of an Ethics Review Panel to
monitor and investigate local councils and councillors; and for other purposes.
Question put and passed.
Bill presented and read a first time.
Mr Barr 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.
6
FREEDOM OF INFORMATION AMENDMENT (OPEN AND ACCOUNTABLE
GOVERNMENT) BILL
The Order of the Day was read for the resumption of the interrupted debate, on the motion of
Mrs Chikarovski, That this bill be now read a second time.
Question again proposed and debate resumed.
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 14 March 2002
Mr Yeadon moved, That this debate be now adjourned.
Question put and passed.
Ordered, That the resumption of the debate stand an Order of the Day tomorrow.
7
CRIMES (SENTENCING
CONFIRMATION) BILL
PROCEDURE)
AMENDMENT
(LIFE
SENTENCE
The Order of the Day was read for the resumption of the adjourned debate, on the motion of
Mrs Chikarovski, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put.
The House divided.
AYES 36
Mr Armstrong, Mr Barr, Mr Brogden, Mrs Chikarovski, Mr Collins, 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, 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 50
Ms Allan, Mr Amery, Ms Andrews, Mr Aquilina, Mr Ashton, Mr Bartlett, 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 McBride, 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 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: Mr Cull—Mrs Lo Po'.
Question negatived.
8
BAIL AMENDMENT (CONFISCATION OF PASSPORTS) 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.
Question put and passed.
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 14 March 2002
Bill read a second time.
Leave granted for the third reading forthwith.
Bill, on motion of Mr Tink, read a third time.
9
PAY-ROLL TAX AMENDMENT (COUNTRY EMPLOYMENT) BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr
Armstrong, That this bill be now read a second time.
Question again proposed and debate resumed.
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 O'Farrell, Mr
Oakeshott, Mr D.L. Page, Mr Piccoli, Mr Richardson, Mr Rozzoli, Ms Seaton, 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 52
Ms Allan, Mr Amery, Ms Andrews, Mr Aquilina, Mr Ashton, Mr Bartlett, 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 McBride, Mr McManus, Ms
Meagher, Ms Megarrity, Mr Mills, Mr Moss, Mr Newell, Ms Nori, Mr Orkopoulos, Mr E.T.
Page, Mrs Perry, Mr Price, Dr Refshauge, 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.

It being 11.30 am General Business Notices of Motions (General Notices) proceeded with.

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Thursday 14 March 2002
10
COMMUNITY HOSPITAL BOARDS
Mr Torbay moved, pursuant to notice, That this House calls on the Government to reintroduce
Community Hospital Boards with budgetary powers.
Debate ensued.
Question put.
The House divided.
AYES 35
Mr Armstrong, Mr Barr, Mr Brogden, Mr Cull, Mr Debnam, Mr George, Mr Glachan, Mr
Hartcher, 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 50
Ms Allan, Mr Amery, Ms Andrews, Mr Ashton, Mr Bartlett, 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 McBride, Mr McManus, Ms Meagher, Ms
Megarrity, Mr Mills, Mr Moss, Mr Newell, Ms Nori, Mr Orkopoulos, Mr E.T. Page, Mrs Perry,
Mr Price, Dr Refshauge, Ms Saliba, 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.
11
NATIVE VEGETATION CONSERVATION ACT
Mr Souris moved, pursuant to notice, That this House:
(1)
(2)
Notes with concern that an analysis of the NSW Native Vegetation Conservation Act by
Associate Professor Jack Sinden of the University of New England revealed that the Act
(a)
reduced land values and farm incomes in north-west NSW; and
(b)
burdens farm families with a mandatory payment for conservation of native
vegetation.
Calls on the Government to review and amend the Act to ease the financial burden the
Act places on rural and regional NSW.
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Thursday 14 March 2002
Debate ensued.
Question put.
The House divided.
AYES 33
Mr Armstrong, Mr Brogden, Mrs Chikarovski, Mr Cull, Mr Debnam, Mr George, Mr Glachan,
Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, Mr Humpherson, Dr Kernohan, Mr Kerr, Mr
Maguire, Mr McGrane, Mr Merton, Mr O'Farrell, 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 50
Ms Allan, Mr Amery, Ms Andrews, Mr Aquilina, Mr Ashton, Mr Barr, Mr Bartlett, 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 McBride, Mr McManus, Ms Meagher, Ms Megarrity,
Mr Mills, Ms Moore, Mr Moss, Mr Newell, Ms Nori, Mr Orkopoulos, Mr E.T. Page, Mrs Perry,
Dr Refshauge, Ms Saliba, Mr Scully, Mr W.D. Smith, Mr Tripodi, Mr Watkins, Mr West, Mr
Whelan, Mr Woods and Mr Yeadon.
Tellers: Mr Anderson and Mr Thompson.
Pairs: Mr Collins—Mrs Lo Po'; Mr HartcherMr Stewart.
Question negatived.
12
MINISTERIAL STATEMENTABORIGINAL LAND COUNCIL
Dr Refshauge made a statement concerning actions taken by the New South Wales Aboriginal
Land Council and the Department of Aboriginal Affairs in the light of Volume One of the
Auditor General’s Report for 2002.
Mr Hazzard also addressed the House.
13
MINISTERIAL STATEMENTPAP SMEAR TESTING
Mr Knowles made a statement concerning the pap smear testing performed by Medtest.
Mrs Skinner also addressed the House.
14
MINISTERIAL STATEMENTVOLUNTEER
GRATIA PAYMENTS
EMERGENCY
WORKERS
EX
Mr Debus made a statement concerning a scheme to make ex gratia payments to volunteer
firefighters who had given their time during the recent bushfires.
Mr Stoner also addressed the House.
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Thursday 14 March 2002
15
PAPERS
(1)
Mr Debus, by leave, tabled the Report of the State Emergency Management Committee
for the year ended 30 June 2001.
(2)
Mr Iemma, by leave, tabled the Report by the Minister for Police entitled “Review of
the Witness Protection Act 1995”, dated December 2001.
16
NOTICES OF MOTIONS
17
STATE OWNED CORPORATIONS ACT
The Clerk, pursuant to the State Owned Corporations Act 1989, announced receipt of the Half
Yearly Report of NSW Lotteries Corporation for the period 1 July to 31 December 2001, dated
January 2002 (received 13 March 2002).
18
PETITIONS
The Clerk announced that the following members had each lodged petitions for presentation:
Mr Barrfrom certain citizens opposing the current lease process for the Quarantine Station at
Manly.
Mr O’Farrellfrom certain citizens requesting the retention and upgrade of Mona Vale
Hospital.
Dr Kernohanfrom certain citizens requesting changes to legislation relating to the burning off
of hazardous material.
Mr Ashton, Dr Kernohan and Mr Stewart from certain citizens requesting the retention of
existing exemptions applying to religious bodies in the Anti-Discrimination Act.
Mr Webbfrom certain citizens requesting that the Wilderness Act be repealed.
Mr Barrfrom certain citizens requesting the continuation of the JetCat services to Manly after
7.00 pm.
Mr Campbellfrom certain citizens requesting a lift at Thirroul Railway Station.
Mr Collinsfrom certain citizens requesting a review of components of the Lane Cove tunnel
works.
Mr Barrfrom certain citizens requesting funding to assist in the remediation of Manly
Lagoon.
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 Rozzolifrom certain citizens opposing the abolition of the Hawkesbury Nepean
Catchment Management Trust without valid reason or consultation.
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Thursday 14 March 2002
Mr Barrfrom certain citizens requesting the reinstatement of Queenscliff as a suburb with the
Geographical Names Board.
Mr Brownfrom certain citizens requesting the construction of new school buildings at
Shoalhaven Heads Primary School.
Mr Collinsfrom certain citizens requesting the replacement of temporary demountable
classrooms at Northbridge Primary School.
Mr Richardsonfrom certain citizens opposing funding cuts to non-government schools.
Mr O’Farrellfrom certain citizens opposing the relocation of the Department of Mineral
Resources to Maitland.
Mr Richardsonfrom certain citizens requesting the abolition of saltwater recreational fishing
licences.
Mr Debnamfrom certain citizens requesting the increase of beat policing in local
communities.
Mr Tinkfrom certain citizens opposing the closure of Malabar Police Station.
19
NOTICES OF MOTIONS FOR URGENT CONSIDERATION
Mr FaceCrops for Hunter Project.
Mr SourisAgriculture and Timber Industries in the Central West and North West Slopes.
20
QUESTIONS
21
PAPERS
Mr Whelan, by leave, tabled:
Report of the Office of the Commissioners of Inquiry for Environment and Planning for the year
ended 30 June 2001.
Landcom Annual Review for the year ended 30 June 2001 entitled “Leading the Way”.
22
MACQUARIE UNIVERSITY COUNCIL
Mr Whelan, by leave, moved, That Pamela Diane Allan be appointed to serve as a member of
the Macquarie University Council in place of John Arthur Watkins.
Question put and passed.
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Thursday 14 March 2002
23
COMMITTEE ON CHILDREN AND YOUNG PEOPLE
Mr Whelan, by leave, moved
(1)
(2)
That:
(a)
Judith Hopwood be appointed to serve on the Committee on Children and Young
People in place of Stephen Mark O’Doherty, resigned; and
(b)
John Douglas Cull be appointed to serve on the Committee in place of Peter
William Webb, discharged.
That a Message be sent acquainting the Legislative Council of the resolution.
Question put and passed.
24
MOTIONS FOR URGENT CONSIDERATION
(1)
Mr Face made a statement in support of his notice for urgent consideration.
(2)
Mr Souris made a statement in support of his notice for urgent consideration
That this House:
(1)
Notes community concerns relating to the Regional Forest Assessment of the Brigalow
Belt South Bioregion.
(2)
Calls on the Government to take immediate action to ease community concerns over the
future of the agriculture and timber industries in the central west and north west slopes
of New South Wales.
QuestionThat the notice for urgent consideration of the Member for Charlestown (Mr Face)
be proceeded withput and passed.
25
MOTION FOR URGENT CONSIDERATIONCROPS FOR HUNTER PROJECT
Mr Face moved, pursuant to notice, That this House:
(1)
Supports the 9,000 people involved in primary production in the Upper Hunter and the
injection of nearly $400 million into the State economy that their work provides; and
(2)
Supports the innovative State-local government-private sector supported Crops for
Hunter project; and
(3)
Applauds the efforts to establish non-traditional agriculture in the region, recognising
the potential for this project to increase exports, diversify the region’s economic base
and provide a sustainable future for Upper Hunter farming communities.
Debate ensued.
Question put and passed.
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Thursday 14 March 2002
_____________
It being after 5.15 pm private members' statements proceeded with.
_____________
26
PRIVATE MEMBERS' STATEMENTS
Question proposed—That private members' statements be noted.
Debate ensued.
Question put and passed.
27
ADJOURNMENT
Dr Refshauge moved, That this House do now adjourn.
Question put and passed.
The House adjourned accordingly at 5.54 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