4837
LEGISLATIVE COUNCIL
NOTICE PAPER
No. 100
WEDNESDAY 4 MAY 2005
The House meets this day at 11.00 am
Contents
Government Business—Notices of Motions ..................................................................................................... 4838
Government Business—Orders of the Day ....................................................................................................... 4838
Committee Reports—Orders of the Day ........................................................................................................... 4839
Private Members’ Business ............................................................................................................................... 4840
Items in the Order of Precedence ........................................................................................................... 4840
Items Outside the Order of Precedence .................................................................................................. 4842
Joint Sitting........................................................................................................................................................ 4916
Business of the House—Notices of Motions ..................................................................................................... 4917
Contingent Notices of Motions .......................................................................................................................... 4917
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
GOVERNMENT BUSINESS—NOTICES OF MOTIONS
1.
Mr Della Bosca to move—
That Ms Tebbutt be appointed as a member of the Procedure Committee in place of Mr Egan, resigned.
(Notice given 3 May 2005)
____________________
GOVERNMENT BUSINESS—ORDERS OF THE DAY
1.
Crimes Amendment (Grievous Bodily Harm) Bill 2005: consideration in committee of the whole—
Mr Hatzistergos.
(Standing Orders suspended for remaining stages, Wednesday 23 March 2005)
2.
Electricity Supply Amendment Bill 2005: resumption of the adjourned debate (3 May 2005) of the
question on the motion of Mr Kelly: That this bill be now read a second time—Mr Jenkins speaking.
(Standing Orders suspended for remaining stages, Thursday 3 March 2005)
3.
Criminal Procedure Further Amendment (Evidence) Bill 2005: second reading—Mr Hatzistergos.
(Standing Orders suspended for remaining stages, Wednesday 6 April 2005)
4.
Prevention of Cruelty to Animals Amendment Bill 2004: second reading—Mr Macdonald.
(Standing Orders suspended for remaining stages, Wednesday 23 March 2005)
5.
National Parks and Wildlife (Adjustment of Areas) Bill 2005: second reading—Mr Hatzistergos.
(Standing Orders suspended for remaining stages, Wednesday 23 March 2005)
6.
Superannuation Legislation Amendment Bill 2004: second reading—Mr Della Bosca.
(Standing Orders suspended for remaining stages, Tuesday 7 December 2004)
7.
Registered Clubs Legislation Amendment Bill 2004: resumption of the adjourned debate (28 October
2004) of the question on the motion of Mr Macdonald: That this bill be now read a second time—Ms
Pavey speaking.
(Standing Orders suspended for remaining stages, Tuesday 26 October 2004)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
8.
National Parks and Wildlife Amendment (Jenolan Caves Reserve Trust) Bill 2004: second
reading—Mr Hatzistergos.
(Standing orders suspended for remaining stages, Tuesday 22 June 2004)
*
Council Bill
____________________
COMMITTEE REPORTS—ORDERS OF THE DAY
(Standing committee reports to be considered for 1 hour on Wednesdays after question time according
to resolution)
1.
General Purpose Standing Committee No. 4: Report No. 10 entitled “Closure of the Casino to
Murwillumbah rail service”, dated November 2004: resumption of the interrupted debate (6 April
2005) of the question on the motion of Miss Gardiner: That the House take note of the report—Mr Gay
speaking. (8 minutes remaining)
2.
Standing Committee on Law and Justice: Report No. 26 entitled “Criminal Procedure Amendment
(Pre-Trial Disclosure) Act 2001: Second report”, dated December 2004: resumption of the adjourned
debate (8 December 2004) of the question on the motion of Ms Robertson: That the House take note of
the report—Ms Robertson speaking. (15 minutes remaining)
3.
General Purpose Standing Committee No. 5: Report No. 22 entitled “Hunter Economic Zone and the
Tomalpin woodlands”, dated December 2004: resumption of the adjourned debate (9 December 2004)
of the question on the motion of Mr Cohen: That the House take note of the report—Mr Cohen
speaking. (15minutes remaining)
4.
Standing Committee on Social Issues: Report No. 34 entitled “Inquiry into issues relating to Redfern
and Waterloo: Final Report”, dated December 2004: resumption of the adjourned debate (22 February
2005) of the question on the motion of Ms Burnswoods: That the House take note of the report—Ms
Burnswoods speaking. (15 minutes remaining)
5.
General Purpose Standing Committee No. 4: Report No. 11 entitled “The Designer Outlets Centre,
Liverpool”, dated December 2004: resumption of the adjourned debate (22 February 2005) of the
question on the motion of Miss Gardiner: That the House take note of the report—Miss Gardiner
speaking. (15 minutes remaining)
6.
General Purpose Standing Committee No. 3: Report No. 15 entitled “Budget Estimates 2004-2005”
dated March 2005: resumption of the adjourned debate (1 March 2005) of the question on the motion
of Ms Fazio: That the House take note of the report—Ms Fazio speaking. (15 minutes remaining)
7.
General Purpose Standing Committee No. 2: Report No. 18 entitled “Budget Estimates 2004-2005”
dated March 2005: resumption of the adjourned debate (23 March 2005) of the question on the motion
of Mrs Forsythe: That the House take note of the report—Mrs Forsythe speaking. (15 minutes
remaining)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
8.
General Purpose Standing Committee No. 5: Report No. 23 entitled “Budget Estimates 2004-2005”
dated April 2005: resumption of the adjourned debate (3 May 2005) of the question on the motion of
Mr Cohen: That the House take note of the report—Mr Cohen speaking. (15 minutes remaining)
____________________
PRIVATE MEMBERS’ BUSINESS
ITEMS IN THE ORDER OF PRECEDENCE
*1.
Family Impact Commission Bill 2003: resumption of the adjourned debate (24 February 2005) of the
question on the motion of Revd Mr Nile: That this bill be now read a second time—Mr Oldfield
speaking. (13 minutes remaining)
*2.
Crimes and Firearms Legislation Amendment (Apprehended Violence Orders) Bill 2004:
resumption of the adjourned debate (7 April 2005) of the question on the motion of Mr Tingle: That
this bill be now read a second time—Mr Jenkins speaking. (18 minutes remaining)
(Second postponement 23 September 2004
Adjourned until Thursday 5 May 2005)
*3
Wilderness Amendment Bill 2004: resumption of the adjourned debate (24 February 2005) of the
question on the motion of Mr Jenkins: That this bill be now read a second time—Revd Mr Nile. (20
minutes remaining)
(First postponement 28 October 2004
Adjourned until first sitting day in September 2005 on which private members’ business takes
precedence)
*4
Classification (Publications, Films and Computer Games) Enforcement Amendment (X 18+
Films) Bill 2005—resumption of the adjourned debate (7 April 2005) of the question on the motion of
Mr Breen: That this bill be now read a second time—Mr Primrose. (20 minutes remaining)
(Adjourned until Thursday 5 May 2005)
5.
Mr Oldfield to move—
That leave be given to bring in a Bill for an Act to amend the Crimes Act 1900 to prohibit the
publication of information relating to a crime that would lead to the identification of a person accused
of the crime before that person is charged; to provide for the publication of a notice of acquittal of a
person in certain cases; and for other purposes.
(Crimes Amendment (Protection of Innocent Accused) Bill (No. 2))
(Notice given 9 March 2004)
(First postponement 7 April 2005)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
6.
Ms Hale to move—
That leave be given to bring in a Bill for an Act to amend the Fair Trading Act 1987 with respect to
credit card contracts and increases in credit card limits.
(Fair Trading Amendment (Responsible Credit) Bill)
(Notice given 9 December 2004)
(Second postponement 7 April 2005)
7.
Mr Ryan to move—
That this House:
(a)
condemns Premier Bob Carr for attacking people with disabilities and their families who were
protesting against the Governments cuts to the Adult Training Learning and Support (ATLAS)
and Post School Options (PSO) programs in Wollongong on 7 September 2004, calling the
demonstrators “rabble” and claiming their protest was of “a 1960’s mind set” that “would
damage the image of the Illawarra region”,
(b)
affirms its opposition to the Carr Government’s cuts to the ATLAS and PSO programs.
(Notice given 15 September 2004)
(First postponement 7 April 2005)
8.
Dr Wong to move—
That this House:
(a)
expresses grave concern to the United States of America for the humiliation and torture of Iraqi
prisoners,
(b)
condemns the deaths in custody of Iraqi prisoners and the failure of the US Military in their duty
of care to prisoners under the Geneva convention,
(c)
urges the Federal Government to withdraw Australian troops from the coalition in Iraq
immediately,
(d)
wishes to express the anger of all Australians at these acts by the US military, and
(e)
requests the Federal Government to apologise to the Iraqi people for the appalling abuses at the
hands of the coalition.
(Notice given 6 May 2004)
(First postponement 7 April 2005)
9.
Mulesing of sheep: resumption of the interrupted debate (7 April 2005) of the question on the motion
of Ms Fazio:
1.
That this House notes:
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
2.
(a)
the dishonest campaign being conducted against Australian woolgrowers by People for
the Ethical Treatment of Animals (PETA) which has resulted in major American retailer
Abercrombie and Fitch boycotting Australian wool in its 749 US shops,
(b)
the comments of the South Australian Farmers Federation that until better methods of
preventing fly strike are found, the practice of mulesing to prevent fly blown sheep will
continue,
(c)
the statement from the wool industry research body, Australian Wool Innovation, that an
injection to provide the same outcome as mulesing is several years away,
(d)
the condemnation of PETA’s campaign by RSPCA national president Dr Hugh Wirth
who stated radical and extreme animal rights groups set back the work of the RSPCA,
and
(e)
that without the practice of mulesing to preventing fly strike a lot of sheep will suffer a
very slow, long and painful death where they wither away to nothing and die in agony.
That this House calls on:
(a)
PETA to stop its dishonest campaign of misinformation, and
(b)
the Federal Minister for Agriculture to mount an education campaign in the USA
targeted at retailers and consumers to inform them of the requirements for this practice
and the cruel consequences for the sheep population if this practice was to be
discontinued—Mr Cohen speaking. (12 minutes remaining)
(Debate—2 hours and 22 minutes remaining)
*
Council Bill
____________________
ITEMS OUTSIDE THE ORDER OF PRECEDENCE
1.
Dr Chesterfield-Evans to move—
That this House views with concern the passage by the Congress of the United States of America of
Resolution 2646, the Agriculture, Conservation and Rural Enhancement Act of 2002 which provides
subsidies to American farmers that:
(a)
will distort world commodity prices thereby affecting the livelihood of New South Wales
farmers and member states of the Cairns Group, and
(b)
contradicts the free-market agenda espoused by successive Presidential administrations.
(Notice given 30 April 2003)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
2.
Mr Oldfield to move—
That leave be given to bring in a Bill for an Act to provide for a referendum in relation to the death
penalty for certain heinous crimes.
(Referendum (Death Penalty) Bill)
(Notice given 30 April 2003)
3.
Dr Chesterfield-Evans to move—
That leave be given to bring in a Bill for an Act to amend the Crimes Act 1900 with respect to
corporate manslaughter; and for other purposes.
(Crimes Amendment (Corporate Manslaughter) Bill)
(Notice given 30 April 2003)
4.
Mr Breen to move—
That this House calls on the Attorney General to undertake a review of the operations of the New South
Wales Innocence Panel with particular reference to:
(a)
powers to compel a private individual who is not on the CrimTrac database to provide a forensic
sample for DNA analysis and possible matching to a DNA profile identified by the Division of
Analytical Laboratories (DAL) or other accredited laboratory,
(b)
protocols in place to allow a laboratory to be recognised by the panel, to identify particular skills
and technologies available to the laboratory and to make decisions as to the appropriate cases to
be referred to each laboratory,
(c)
procedures to be adopted when a DNA profile has been identified in one State or Territory and
the panel seeks to identify a matching DNA profile from another State or Territory,
(d)
processes used by the DAL to identify a DNA profile and whether those processes could
irreparably damage remaining biological material so as to preclude further analysis of the
material using later technology,
(e)
potential conflicts of interest for police investigators who convey forensic material to and from
the DAL, have custody of the material before, during and after court proceedings and ultimately
make decisions about disposal of the material,
(f)
perceived conflicts of interest for the Director of Public Prosecutions who is a member of the
panel with decision-making powers and at the same time the authority who makes decisions on
the evidence used to convict a prospective applicant to the panel,
(g)
calculating the cost of DNA profiling, determining who bears that cost and deciding whether the
work of the panel is compromised if the whole or any part of the cost is born by police, and
(h)
assessing the independence of the panel generally, and if conflicts and/or perceived conflicts
exist, considering whether the work of the panel should be undertaken by an independent and
separately funded State Institute of Forensic Services.
(Notice given 30 April 2003)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
5.
Dr Chesterfield-Evans to move—
That the Standing Committee on Social Issues inquire into and report on:
(a)
the role of the New South Wales Government in providing services for asylum seekers in the
Villawood Detention Centre and refugees on Temporary Protection Visas residing in New South
Wales, and
(b)
financial contributions between the State and the Commonwealth.
(Notice given 30 April 2003)
6.
Mr Breen to move—
1.
2.
That this House considers that, in speaking in the House or in a committee, members should
take the following matters into account:
(a)
the need to exercise their valuable right of freedom of speech in a responsible manner,
(b)
the damage that may be done by allegations made in Parliament to those who are the
subject of such allegations and to the standing of Parliament,
(c)
the limited opportunities for persons other than members of Parliament to respond to
allegations made in Parliament,
(d)
the need for members, while fearlessly performing their duties, to have regard to the
rights of others, and
(e)
the desirability of ensuring that statements reflecting adversely on persons are soundly
based.
That the President, whenever the President considers that it is desirable to do so, may draw the
attention of the House to the spirit and the letter of this resolution.
(Notice given 30 April 2003)
7.
Dr Chesterfield-Evans to move—
1.
That this House notes the significance of allegations raised by Dr Ted Steele of Wollongong
University and others about declining academic standards and the inappropriate influence on
academic grading in New South Wales universities.
2.
That this House recognises:
3.
(a)
the importance of quality tertiary education in the economic and social development of
New South Wales,
(b)
the significance of New South Wales educational institutions in developing and
promoting education services as an export industry, and
(c)
that any economic or cultural gains for New South Wales will be jeopardised by any
perceived slide in education standards.
That this House calls upon:
(a)
all universities in New South Wales to maintain and improve their academic standards,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(b)
all members who are on University Senates, Councils or Boards to report back to this
House on how their respective institutions plan to maintain or improve academic
standards of students, and
(c)
the Government to request the Federal Government to convene a COAG Task Force to
consider what measures may be taken to protect educational standards.
(Notice given 30 April 2003)
8.
Dr Chesterfield-Evans to move—
That this House confirms the concept of separation of church and state.
(Notice given 30 April 2003)
9.
Dr Chesterfield-Evans to move—
That leave be given to bring in a Bill for an Act to provide for the establishment and functions of a
Local Government Legislative Review Committee of Parliament to facilitate Parliament’s
consideration of the potential impact of Bills on local government, and for other purposes.
(Local Government (Review of Legislative Proposals) Bill)
(Notice given 30 April 2003)
10.
Mr Oldfield to move—
That leave be given to bring in a Bill for an Act to amend the Firearms Act 1996 to make further
provision with respect to the control and regulation of firearms; and for other purposes.
(Firearms Amendment (Miscellaneous Reforms) Bill)
(Notice given 30 April 2003)
11.
Mr Oldfield to move—
That leave be given to bring in a Bill for an Act to amend the Crimes Act 1900 to provide for
mandatory minimum sentences for certain crimes of violence; and for other purposes.
(Crimes Amendment (Mandatory Minimum Sentences for Violent Crimes) Bill)
(Notice given 30 April 2003)
12.
Mr Oldfield to move—
That leave be given to bring in a Bill for an Act to amend the Firearms Act 1996 to include personal
protection as a genuine reason for obtaining a firearms licence; and for other purposes.
(Firearms Amendment (Self-defence) Bill)
(Notice given 30 April 2003)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
13.
Dr Chesterfield-Evans to move—
That leave be given to bring in a Bill for an Act to provide for advance medical directives.
(Powers of Attorney (Advance Medical Directives) Bill)
(Notice given 30 April 2003)
14.
Mr Cohen to move—
That leave be given to bring in a Bill for an Act to amend the Parliamentary Electorates and Elections
Act 1912 so as to reduce the minimum voting age from 18 years to 16 years; and for other purposes.
(Parliamentary Electorates and Elections Amendment (Voting Age) Bill)
(Notice given 8 May 2003)
15.
Mr Cohen to move—
That this House calls on the Government:
(a)
to match the Queensland Government’s land clearing moratorium announcement and put a
temporary hold on all new land clearing applications in New South Wales until the Wentworth
Model plan for natural resource management is implemented,
(b)
to ensure that all available resources are utilised in an effort to stop illegal land clearing in New
South Wales.
(Notice given 20 May 2003)
16.
Mr Gallacher to move—
That this House:
(a)
notes the decision of the Peats Branch of the Australian Labor Party to elect member for Peats
Marie Andrews and Mr Bill McGilchrist as delegates to the ALP State Conference,
(b)
notes that the other nominee, the Special Minister of State and Minister Assisting the Premier on
the Central Coast, was not successful in his bid to have his local ALP branch endorse him as
their delegate,
(c)
congratulates the Peats Branch of the Australian Labor Party for their astute choice of delegates
to the ALP State Conference,
(d)
offers commiserations to the Special Minister of State on failing to gain endorsement from his
local party faithful.
(Notice given 27 May 2003)
17.
Ms Hale to move—
That this House:
(a)
recognizes that the unfiltered ventilation system on the M5 East Tunnel poses an ongoing threat
to the health of nearby residents and to the 100,000 motorists who use the tunnel daily,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(b)
recognizes that in-tunnel filtration should be installed as a matter of urgency,
(c)
condemns the Government for their lack of action on this issue, and
(d)
calls on the Government to respond to, and implement, the recommendations in the third inquiry
into the M5 East Tunnel, tabled in December 2002.
(Notice given 27 May 2003)
18.
Mr Tingle to move—
That leave be given to bring in a Bill for an Act to amend the National Parks and Wildlife Act 1974 to
specify the minimum requirements concerning bushfire management in relation to land reserved under
the Act; and for other purposes.
(National Parks and Wildlife Amendment (Bushfire Hazard Reduction) Bill)
(Notice given 24 June 2003)
19.
Ms Rhiannon to move—
That this House:
(a)
recognises that Harvard University research shows that:
(i)
only two of the world’s 10 deadliest mass shootings were carried out with illegal
weapons—those at Port Arthur in 1996 and Columbine High School, Colorado, in 1999,
and
(ii)
86% of mass shootings conducted around the world during the past 35 years were
committed by lawful gun owners,
(b)
recognises that the Monash massacre was perpetrated by a legal gun owner using handguns,
(c)
notes that there are no accurate figures for the size of the illegal handguns arsenal in New South
Wales, and that police records indicate that hundreds have been stolen from firearm deal shops,
army barracks and homes,
(d)
notes that the Australasian Police Ministers’ Council (APMC) special meeting on firearms in
November 2002 resolved to implement a buy back scheme for which there is no final list of
prohibited guns,
(e)
notes that the APMC buy back scheme is premised on an impractical system of gun barrel
measurement,
(f)
condemns the scheme for being unworkable and unaccountable and unable to increase
community safety,
(g)
recognises that there is no legitimate reason for an ordinary citizen to have a handgun at their
home or on their person while at large,
(h)
calls upon the Government to:
(i)
ban semi-automatic handguns, and
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(ii)
initiate a national process to ensure that this important reform for community safety is
debated in all other States of Australia through the Australasian Police Ministers’
Council.
(Notice given 24 June 2003)
20.
Dr Chesterfield-Evans to move—
That leave be given to bring in a Bill for an Act to amend the Public Sector Employment and
Management Act 2002 with respect to the acquisition of computer software for use in the Public
Service.
(Public Sector Employment and Management Amendment (Procurement of Software) Bill)
(Notice given 1 July 2003)
21.
Mr Gay to move—
That this House:
(a)
notes the call from the Kempsey Branch of the Labor Party to review the use of the term
“Country Labor”,
(b)
notes the concerns of the Kempsey Branch about the use of the “Country Labor “ image,
(c)
notes that the Labor members of this House who identify themselves as Country Labor members
were elected on the Labor ticket at the March State Election rather than on a Country Labor
ticket,
(d)
notes that Country Labor is in no way separate to the New South Wales Branch of the
Australian Labor Party,
(e)
congratulates the Kempsey Branch for seeing through the charade that is Country Labor.
(Notice given 3 July 2003)
22.
Mr Gay to move—
That this House calls on the Minister for Agriculture to produce a detailed summary of planned State
Government drought recovery measures, policies and programs, including forecasts of the costs of such
programs.
(Notice given 3 September 2003)
23.
Mr Gay to move—
That this House:
(a)
notes the comments made by the member for Bathurst on 27 July 2003 when he described the
handling of the Local Government reform process as “bad politics”,
(b)
calls on the Minister for Local Government to now release a formal plan for structural reform,
including details of which councils the Government is targeting through the current ad-hoc
structural reform program,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(c)
calls on the Minister for Local Government to give an assurance that no council will be forcibly
amalgamated or forced to accept major boundary changes.
(Notice given 3 September 2003)
24.
Mr Gallacher to move—
1.
That this House notes:
(a)
the commitment by the NSW Government on 30 October 1995 that a new fourth
generation train would be constructed and delivered prior to the Sydney 2000 Olympics,
(b)
that in June 1997 the NSW Government announced the first carriages of the fourth
generation train would be delivered in 1999, with half the contracted number of carriages
to be delivered by September 2000,
(c)
that on 1 December 1997 the Honourable Carl Scully MP was appointed Minister for
Transport,
(d)
that on 8 October 1998 the NSW Government awarded the contract for the fourth
generation train comprising the design, build and maintenance for 15 years; including the
first stage of the contract comprising 81 cars with the delivery of the first 4-car set to be
January 2001,
(e)
that in November 1998 the NSW Government officially launched its Action for
Transport 2010 blueprint, including the Parramatta to Chatswood via Epping Rail Link.
This was to be operational by 2006, cost an estimated $1.4 billion and carry 18 million
passengers each year by 2010,
(f)
that in July 1999 the NSW Government announced that the fourth generation train would
not be in service until 2001,
(g)
that on 1 July 2002, three years after originally promised, the first service of the fourth
generation train finally commenced,
(h)
that on 19 November 2002 the NSW Government reached a commercial settlement with
EDI Rail extending the completion of Stage 1 of the Millennium Train project until 19
December 2003 and increasing the total cost of the project to NSW taxpayers by $98.4
million,
(i)
that on 17 March 2003 the Honourable Carl Scully MP launched the NSW Government’s
2003 State Election Transport Policy that reaffirmed the Government’s commitment to
the Parramatta Rail Link and stated: “Labor will continue planning of Stage Two (Epping
to Parramatta)”,
(j)
that following the 2003 State Election, the Honourable Carl Scully MP was removed as
Minister for Transport,
(k)
that on 10 April 2003 the Millennium Trains were withdrawn from service for safety
reasons,
(l)
that on 2 June 2003 the Millennium Trains were returned to service,
(m)
that on 16 June 2003 the Premier admitted that the total Millennium project cost was now
$658 million,
(n)
that on 21 August 2003 Transport Services Minister Michael Costa abandoned the Stage
Two section (Epping to Parramatta) of the Parramatta Rail Link,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(o)
that on 25 August 2003 the Honourable Carl Scully MP defended his record as Transport
Minister, saying “I do not regret endeavouring to get the very best train for the people of
Sydney,”
(p)
that as at 3 September 2003 there are still only 32 Millennium Train carriages in revenue
service,
(q)
the fact that no less than 19 reports into serious rail and bridge infrastructure safety issues
and network deficiencies have been publicly released since the March 2003 State
Election including:
(i)
(ii)
(iii)
(iv)
(r)
2.
3.
Rail Safety Act Industry Safety Report,
separate Transport Safety Rail Safety Regulation reports including
(a)
Steel and Timber Bridges Structural Safety Review,
(b)
Wrought Iron Bridges,
(c)
Rail Underbridges,
(d)
Menangle Bridge, and
(e)
Stanwell Park Viaduct Interim Report.
Report into the Bargo Derailment and Collision,
Wrought Iron Bridges Report,
that a vast majority of the serious safety and network problems identified in these reports
date from before the March 2003 State Election and were not acted upon during the
tenure of the Honourable Carl Scully MP as Minister for Transport nor released to the
public until after the 2003 State Election,
That this House:
(a)
condemns the failure of the Honourable Carl Scully MP to ensure that action was taken
on an expert recommendation of 5 March 2003 to immediately close the Menangle
Bridge, and the failure to ensure warnings were issued to the public of Menangle
Bridge’s true condition, resulting in it not being closed until 27 March 2003, five days
after the State Election, and more than three weeks after the expert recommendation.
(b)
further condemns the failure of the Honourable Carl Scully MP to effectively manage the
Parramatta Rail Link project, cornerstone of his Action for Transport 2010 document,
and that notes that his successor has now abandoned the Epping-Parramatta stage of the
Project.
That, for the above reasons, this House expresses no confidence in the Honourable Carl Scully
MP, Minister for Roads and Minister for Housing, for his failure to remain accountable to the
community for the efficient management and delivery of safe and effective transport solutions
for the people of New South Wales.
(Notice given 4 September 2003)
25.
Mr Gay to move—
That this House:
(a)
condemns the decision of the Government to rationalise all full and part time diploma and
certificate courses at Murrumbidgee College, Yanco and the Administrative Centre located at
the college,
(b)
condemns the decision of the Government to remove 34 full-time jobs from Yanco and force
students to locate to Tocal part way through their education,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(c)
notes that the decision of the Government will severely disadvantage students in the western
division of NSW, particularly in the electorate of Murray-Darling who rely on residential
courses offered by the Murrumbidgee College of Agriculture,
(d)
calls on the Minister for Agriculture to reverse this decision.
(Notice given 16 September 2003)
26.
Ms Hale to move—
That, under standing order 52, there be laid upon the table of the House by 5.00 pm Wednesday 8
October 2003 all documents in the possession or custody of the Sydney Harbour Foreshore Authority
(SHFA) and the Department of Infrastructure, Planning and Natural Resources relating to the Elizabeth
Macarthur Bay Architectural Design Competition including:
(a)
all documents, correspondence and minutes of the SHFA board meetings in relation to the
competition,
(b)
all documents relating to the initial design criteria and the design brief,
(c)
all briefing documents provided to the eight architectural firms who participated in the
architectural competition,
(d)
a list of the competition selection panel members and all documents relating to their credentials,
(e)
all documents relating to selection panel meetings.
(f)
all correspondence relating to the non selected designs and the preferred design.
(Notice given 16 September 2003, amended by authority of the President 14 October 2003)
27.
Dr Chesterfield-Evans to move—
That leave be given to bring in a Bill for an Act to amend the Smoke-free Environment Act 2000 to
remove the exemptions relating to certain premises under that Act.
(Smoke-free Environment Amendment (Removal of Exemptions) Bill)
(Notice given 18 September 2003)
28.
Ms Hale to move—
That this House:
(a)
recognises growing community concern about development of the Australian Defence Industry
site at St Marys, and particularly about ordnance, chemical and radioactive contamination at the
site, and the potential risk this poses to the health of nearby residents, future residents and
workers on the site,
(b)
calls on the Government to inquire into the full extent of contamination of the Australian
Defence Industry site at St Marys and examine the wider social and environmental implications
of developing the site, including,
(i)
(ii)
the adequacy of decontamination works to date,
the reliability and adequacy of records and inventories of contaminants on the site,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(iii)
the potential for remaining known contamination to spread to rehabilitated areas through
ground water and biotic transfer,
(iv) the potential impact of contamination on human health,
(v)
the suitability of the site for residential development,
(vi) the impact of development on native species and threatened habitat on the site,
(vii) the impact of development on macrofauna on the site, and
(viii) the impact of development on environmental sustainability for Western Sydney.
(Notice given 18 September 2003)
29.
Mr Gay to move—
That this House:
(a)
notes the Government’s Dairy Futures Initiative has been rejected by farmers as nothing but a
“talk-fest” which will not result in any concrete action on the issues confronting farmers,
(b)
notes the Agriculture Minister stayed for just one hour at a dairy forum in Singleton on 19
September and refused to answer questions,
(c)
notes the package did not provide one extra cent in actual financial assistance to dairy farmers,
despite the Government’s failure to provide State-based assistance following the deregulation of
the dairy industry,
(d)
calls on the Government to address the problem of rising costs facing dairy farmers and their
need for a better deal on farm-gate milk prices.
(Notice given 14 October 2003)
*30.
Children and Young Persons (Care and Protection) Amendment (Child Abuse or Neglect) Bill
2003: resumption of the adjourned debate of the question on the motion of Mr Ryan: That this bill be
now read a second time (5 calendar days from 13 November 2003)—Mr Harwin. (20 minutes)
31.
Mr Lynn to move—
That this House pays tribute to the life of Slim Dusty and recognises the contribution he has made to
Australian music, our Australian heritage and our Australian identity.
(Notice given 28 October 2003)
32.
Ms Hale to move—
That this House:
(a)
notes that the development of 128 luxury units adjacent to Jamieson Park in Collaroy Plateau
does not conform to current bushfire prevention legislation which requires a 50 metre Asset
Protection Zone,
(b)
notes that the development is in a category 1 bushfire zone and may not be suitable
for development as an aged persons village, given that the site was badly burnt in the 1994
bushfires resulting in the evacuation of nearby residents and fire damage to two homes,
(c)
notes that the land was resumed from the Wheeler family in 1959 by the Government,
specifically for use as a “War Veterans’ Home” yet units are currently being sold off the plan
for up to $900,000 to non-veterans,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(d)
calls upon the Minister for Infrastructure and Planning to re-examine this proposal to ensure that
best practice bushfire asset protection zones required under the Rural Fires and Environmental
Assessment Act, be applied to this development and contained within the site boundary.
(Notice given 28 October 2003)
33.
Ms Robertson to move—
That this House:
(a)
notes the call from the National Party Conference to review the use of the term National Party,
(b)
notes the concerns of the National Party Conference about the use of the National Party image,
(c)
notes that the National Party members of this House, who identify themselves as Nationals,
were elected on the Liberal Party/National Party ticket at the March State Election rather than
on a Nationals ticket,
(d)
notes that the Nationals have difficulty proving separation from the Liberal Party,
(e)
congratulates the National Party conference for seeing the charade that is the National Party.
(Notice given 28 October 2003)
34.
Dr Chesterfield-Evans to move—
1.
That a select committee be appointed to inquire into and report on the use of public resources
for the promotion of government policies and in particular:
(a)
advertising and communications strategies used by government including the strategies
commonly known as “spin” and “control”,
(b)
the expenditure on advertising and media advice by ministers and government
departments during the previous Parliament and especially in the lead up to the 2003
general election,
(c)
the role of media and special advisers to ministers and government departments,
(d)
the checks and balances which are required to protect the public interest, the primacy of
Parliament and the fundamental principal of our democratic system that governments
should not use public resources for political ends.
2.
That the committee report by Thursday 27 May 2004
3.
That, notwithstanding anything to the contrary in the standing orders, the Committee consist of
the following members:
(a)
3 government members,
(b)
2 opposition members, and
(c)
Dr Chesterfield-Evans and Dr Wong.
(Notice given 29 October 2003)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
35.
Dr Chesterfield-Evans to move—
That, under standing order 52, there be laid on the table of the House a return, in columns, showing for
each Ministerial Private Office, Parliamentary Secretary and the Leader of the Opposition, the
following details for staff employed under the Public Sector Employment and Management Act 2002:
(i)
(ii)
(iii)
(iv)
(v)
the total staff establishment,
the classification and grading of each position,
the pay range for the position,
the per annum allowances and rates of pay related to performance for the position,
the per annum higher rates of pay above the range for the position and allowances related to
performance for the position.
(Notice given 30 October 2003)
36.
Ms Hale to move—
That this House:
(a)
condemns the Sydney Harbour Foreshore Authority’s proposal to develop multi-storey
apartments on public harbour foreshore land at the Water Police site on Elizabeth Macarthur
Bay, Pyrmont,
(b)
affirms the importance of maintaining foreshore land as open public space for the enjoyment of
present and future generations,
(c)
congratulates local community groups for the work being done to save the Water Police site,
(d)
calls on the Government to ensure that Sydney Harbour Foreshore Authority halts the
development plans and declares the site a public park for the use of all Sydneysiders.
(Notice given 30 October 2003)
37.
Mr Tingle to move—
That leave be given to bring in a Bill for an Act to amend the Firearms Act 1996 to limit the
disqualification of persons subject to good behaviour bonds from holding firearms licences or permits
or from dealing in firearms.
(Firearms Amendment (Good Behaviour Bonds) Bill)
(Notice given 13 November 2003)
38.
Dr Chesterfield-Evans to move—
1.
That a select committee be appointed to inquire into and report on the quality of care provided
by the Macarthur Health Service and in particular:
(a)
the clinical, administrative and management practices at Campbelltown and Camden
hospitals, including complaint and incident report management,
(b)
the role and effectiveness of NSW Health, the South Western Sydney Area Health
Service, and the Health Care Complaints Commission in addressing concerns raised
about quality of care,
(c)
any government or independent reviews, recommendations or proposals that address
issues related to the adequacy of care in the Macarthur Health Service.
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
2.
That the committee report by Thursday 13 May 2004.
3.
That, notwithstanding anything to the contrary in the standing orders, the committee consist of
the following members:
(a)
3 government members,
(b)
2 opposition members, and
(b)
4.
Dr Chesterfield-Evans and one other cross bench member.
That before proceeding to any business at its first meeting, the committee must elect a Chair.
(Notice given 13 November 2003)
39.
Mr Tingle to move—
That leave be given to bring in a Bill for an Act to amend the Parliamentary Electorates and Elections
Act 1912 to provide for the cancellation of the registration of parties that do not endorse candidates at
an election; and for other purposes.
(Parliamentary Electorates and Elections Amendment (Registration of Parties) Bill)
(Notice given 19 November 2003)
40.
Ms Hale to move—
That leave be given to bring in a Bill for an Act to provide protection for boarders and lodgers; and for
related purposes.
(Boarders and Lodgers Bill)
(Notice given 2 December 2003)
41.
Mr Pearce to move—
That, under standing order 52, there be laid upon the table of the House within 10 days of the date of
passing of this resolution all documents in the possession, custody or control of the Government in
relation to:
(a)
a fire at the premises known as the Offset Alpine printing plant at Silverwater on 24 December
1993,
(b)
a fire at the offices of El Telegraph and Media Press, Garner Avenue, Marrickville in 1983,
(c)
a fire at the offices of El Telegraph, Marrickville Road, Marrickville in 1992.
(Notice given 4 December 2003)
42.
Mr Gay to move—
That, under standing order 52, there be laid upon the table of the House within 7 days of the date of
passing of this resolution all submissions from the NSW Department of Agriculture, NSW Treasury
and The Cabinet Office to the Commonwealth Government or the National Competition Council
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
relating to the Farm Debt Mediation Act, and the Poultry Meat Industry Act, which address National
Competition Council requirements, including any document which records or refers to the production
of documents as a result of this order of this House.
(Notice given 24 February 2004)
43.
Ms Fazio to move—
That this House:
(a)
notes with grave concern the failure of the Federal Government to provide proper diplomatic
representation for the two Australians detained by the United States Government in Guantanamo
Bay since May 2002,
(b)
notes that New South Wales’ resident Mr Mamdouh Habib has been denied basic human rights
during his detention,
(c)
notes that Mr Habib has been:
(i)
(ii)
(iii)
(iv)
treated in a cruel, inhuman and degrading way,
denied access to his family,
refused legal representation of his choice, and
denied natural justice by being held by the United States in contravention of all
international agreements and conventions,
(d)
notes that visits to Mr Habib by Australian representatives have not been by officers of the
Department of Foreign Affairs, but by representatives of ASIO and the Australian Federal
Police,
(e)
calls for proper diplomatic representation for all residents of New South Wales and for Mr
Habib to be either charged and tried in public or released.
(Notice given 24 February 2004)
44.
Ms Fazio to move—
That this House notes the commitment of the Government to arts in Western Sydney as demonstrated
by the Strategy for the Arts in Western Sydney, which was a direct response to the Government’s 1995
election commitment to achieve greater equity in arts funding for the communities and arts
practitioners of Western Sydney.
(Notice given 24 February 2004)
45.
Ms Hale to move—
That this House:
(a)
notes the heritage and social significance of Luna Park as a site of public recreation and an
Australian icon,
(b)
notes the years of effort and consideration by the local community and North Sydney Council
that went into finalisation of the Luna Park Plan of Management,
(c)
notes that the current developers, Metro Edgely, went through a tender process that was based
on the Luna Park Plan of Management, which indicates a height limit of two storeys on the clifftop for a low-scale, lightweight structure such as a restaurant,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(d)
condemns applications by Metro Edgely to massively intensify the use of the site by proposing
the addition of a five cinema complex on the waterfront land and a 14 storey office building on
the cliff-top, and
(e)
calls upon the Minister to reject any development applications that would conflict with the Luna
Park Plan of Management including intensifying use of the site by the office building and
cinema developments.
(Notice given 24 February 2004)
46.
Ms Fazio to move—
That this House calls on the Federal Government to reverse its decision to not adopt the
recommendation of the National Health and Medical Research Council that pneumococcal vaccine be
made available at no cost to all Australian children as a three-dose series at 2, 4 and 6 months.
(Notice given 24 February 2004)
47.
Ms Hale to move—
That this House:
(a)
notes that the Minister for Natural Resources, Infrastructure and Planning is the consent
authority for four development applications in the Honeysuckle area known collectively as the
Lee Wharf Development, on the waterfront adjacent to the Newcastle City CBD,
(b)
recognises that the area controlled by the Honeysuckle Development Corporation is extremely
environmentally sensitive and socially important,
(c)
notes that the proposed Lee Wharf Development proposal fails to respect the heritage
significance of the site,
(d)
notes that the proposed development provides no detailed social and economic impact
assessment,
(e)
notes that the proposed development does not include the community through public
consultation, awareness and transparency, and fails to comply with Newcastle Council’s height
restrictions,
(f)
recognises that there is significant community opposition to the development in its current form,
(g)
calls on the Minister to ensure that all submissions to development applications regarding the
Lee Wharf Development be presented to Newcastle Council for their consideration and
comment, and
(h)
calls on the Minister to hold a Commission of Inquiry before determining the four development
applications as provided for in Section 119 of the Environmental Planning and Assessment Act.
(Notice given 24 February 2004)
48.
Ms Hale to move—
That this House:
(a)
notes that the Minister for Natural Resources, Infrastructure and Planning is the consent
authority for a proposal by Blue Circle Southern Cement plant in Berrima to burn industrial
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
wastes as fuel including tyres, recyclable and non-recyclable plastics, oil and carbon waste
products that will result in a tripling of dioxin and furan emissions and that these potentially
deadly chemicals bioaccumulate in the food chain,
(b)
recognises that allowing recyclable materials such as PET bottles and carbon waste to be burnt
rather than recycled seriously undermines recycling initiatives,
(c)
notes that if the Minister approves the proposal, local residents will be exposed to unacceptable
health risks from breathing dangerously high levels of dioxins and furans, which are toxic
substances known to cause skin disease, cancer and hormonal imbalances, and can enter the
body through breathing contaminated air, or through bioaccumulation in the food chain,
(d)
notes that Berrima borders the Sydney water catchment area and that burning dioxins and furans
in Berrima risks poisoning Sydney’s water supply,
(e)
notes that the Blue Circle Southern Cement plant at Berrima has a history of frequent plant
shutdowns due to dangerously high emissions, and that there have been 15 shutdowns in the last
year,
(f)
notes that the Blue Circle Southern Cement plant at Berrima is already the sixth largest dioxin
emitter in New South Wales,
(g)
calls on the Minister to reject any application by Blue Circle Cement to burn toxic waste
products.
(Notice given 24 February 2004)
49.
Mr Cohen to move—
That, under standing order 52, there be laid upon the table of the House within 14 days of the date of
passing of this resolution all documents in the possession, custody or control of the Department of
Environment and Conservation relating to the investigation by the department of alleged illegal
clearing of threatened species habitat on the Kings Forest property in the Tweed Shire, including any
document which records or refers to the production of documents as a result of this order of this House.
(Notice given 24 February 2004)
50.
Mr Cohen to move—
That, under standing order 52, there be laid upon the table of the House within 28 days of the date of
passing of this resolution all documents in the possession, custody or control of the Minister for the
Environment and the Department of Environment and Conservation relating to the New South Wales
harvest quota application to the Commonwealth Government for the setting of quotas for the
commercial harvesting of the Red Kangaroo, Eastern Grey and Western Grey for the 2004 calendar
year, including any document which records or refers to the production of documents as a result of this
order of this House.
(Notice given 24 February 2004)
51.
Tabling of document: resumption of the adjourned debate (11 March 2004) of the question on the
motion of Mr Cohen:
1.
That this House grants leave to Mr Cohen to table a document entitled “Aboriginal Trust Funds
Payback Scheme Proposal” including all attachments.
That, on tabling, the document is authorised to be made public.
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
Upon which Ms Tebbutt has moved: That the question be amended by inserting at the end of paragraph
1 “, but excluding any document which is a Cabinet document”—Mr Harwin speaking. (15 minutes
remaining)
Debate—1 hour and 9 minutes remaining.
52.
Mr Cohen to move—
That, under standing order 52, there be laid upon the table of the House within 28 days of the date of
passing of this resolution all documents in the possession, custody or control of the Minister for the
Environment, the Department of Environment and Conservation, and the Rural Lands Protection
Boards for Cooma, Yass, Braidwood, Goulburn and Gundagai, relating to the proposal for commercial
harvesting of kangaroos in south-eastern New South Wales, which was the subject of a feasibility study
prepared for the National Parks and Wildlife Service, dated July 2003, including any document which
records or refers to the production of documents as a result of this order of this House.
(Notice given 24 February 2004)
53.
Mr Gay to move—
That, under standing order 52, there be laid upon the table of the House within 7 days of the date of
passing of this resolution:
(a)
a return prepared by the Roads and Traffic Authority (RTA) listing all organisations which
receive funding or donations from the RTA for road safety research or any other purpose,
including the amount of funding each organisation receives from the RTA,
(b)
a return prepared by the Roads and Traffic Authority (RTA) listing all instances in which the
RTA has paid for police overtime during the last 5 years, including details of how the RTA has
determined the tasks, locations and duration of police presence in each case, and
(c)
any document which records or refers to the production of documents as a result of this order of
this House.
(Notice given 25 February 2004)
54.
Mr Gallacher to move—
1.
2.
That this House notes:
(a)
the continual failure of the Honourable Michael Costa to provide adequate responses to
questions without notice,
(b)
that on some 34 occasions since November 2001, listed in the schedule below, the
Minister told the House that he would seek advice and get back to the House with an
answer,
(c)
that each of these questions have never been subsequently answered, as promised.
That this House calls on the Honourable Michael Costa MLC, Minister for Transport Services,
Minister for the Hunter and Minister assisting the Minister for Natural Resources (Forests) to
provide the House with a written answer to each of these questions within three sitting days of
the date of passing of this resolution.
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
SCHEDULE
Date
Question and asking Member
Response
13/11/2003 Independent Pricing and Regulatory
I am not aware of the information. If the Hon.
Tribunal
Private
Bus
Operators
Charlie Lynn provides my office with the
Recommendations
information I will look into the matter.
The Honourable Charlie Lynn MLC
28/10/2003 Wagga Wagga Taxidriver Safety
I will advise the House of the council’s action
The Honourable David Oldfield MLC
in due course.
28/10/2003 Countrylink Rail Services
If the honourable member can produce the
Ms Lee Rhiannon MLC
memo, I am certainly happy to get advice on it.
01/07/2003 Stanwell Park Viaduct
I will check the status of that report.
The Honourable Patricia Forsythe MLC
04/12/2002 Shoalhaven Police Numbers
…I will certainly seek advice…
The Honourable Don Harwin MLC
04/12/2002 Pedestrian Fatalities
That is a detailed question. I will get advice
The Reverend the Honourable Gordon
and come back to the House.
Moyes MLC
20/11/2002 DNA Testing Policy
I am not aware of the examples raised by the
The Honourable James Samios MLC
Hon. James Samios, and I will get some
information about them.
12/11/2002 Fairfield Police Local Area Command
I will take that question on notice because it
The Honourable Helen Sham-Ho MLC
involves some detail.
12/11/2002 Innocence Panel DNA Evidence Review I am not aware of the specific issues relating to
The Honourable Peter Breen MLC
that case. I am happy to obtain advice about
that issue.
05/09/2002 Car Rebirthing
I am happy to take the question on notice and
The Honourable Don Harwin MLC
provide a detailed answer if the honourable
member has something more specific to add.
05/09/2002 Department Of Forensic Medicine DNA
I will obtain an answer to this detailed question
Analysis
for the Hon. Peter Breen.
The Honourable Peter Breen MLC
27/06/2002 Sandon Point Residential Development
This is a detailed question. I will take it on
Ms Lee Rhiannon MLC
notice and get a detailed response.
27/06/2002 Police Officer Transfer
I will take a question on notice and get a
The Honourable John Ryan MLC
detailed response.
05/06/2002 Ethnic Community Liaison Officer I do not have the precise details. However, I
Program
will endeavour to obtain them and will advise
The Honourable Peter Wong MLC
the Hon. Dr Peter Wong accordingly.
04/06/2002 Lemon Tree Passage Police Station I will take the honourable member's question on
Upgrading
notice and ensure that the honourable member
The Honourable Patricia Forsythe MLC
for Port Stephens made such a commitment.
04/06/2002 Raymond
Terrace
Police
Station I am happy to bring back to the House
Upgrading
appropriate information at the appropriate
The Honourable John Jobling MLC
time…
04/06/2002 Wyong Shire Social Plan
I will take the question on notice and get some
The Honourable Brian Pezzutti MLC
details.
13/03/2002 Workcover Injured Workers Research
I will take the honourable member’s question
Project
on notice.
The Honourable Duncan Gay MLC
13/03/2002 Police Service Examination Questions
If the honourable member would provide the
Ms Lee Rhiannon MLC
question in documentary form, I will certainly
take it on notice.
13/12/2001 Police Service Charity and Community As I said in response to the original question, I
Service Charges
have taken the matter on notice and, at the
The Honourable Patricia Forsythe MLC
appropriate time, I will provide an answer.
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
12/12/2001 New South Wales Police College
…it will be an answer appropriate to the
Graduates
question.
The Honourable Michael Gallacher MLC
12/12/2001 Wyong Shire Vandalism
…I will take the question on notice and obtain
The Honourable John Jobling MLC
an answer.
06/12/2001 Police College Conservation Officer …I will find out the answer and come back to
Training
the honourable member…
The Honourable Duncan Gay MLC
04/12/2001 Bathurst Motor Races Police Hire
I am not aware of the details of the question,
The Honourable Jenny Gardiner MLC
but will obtain a response for the honourable
member.
04/12/2001 Police Sniffer Dogs
I will provide an answer to the honourable
The Honourable Peter Breen MLC
member when I have concluded my
investigation.
04/12/2001 East Sydney Sex Workers
I am not aware of the details of the incident to
The Honourable Brian Pezzutti MLC
which the Hon. Dr Brian Pezzutti referred.
However, I will get some answers for him and
return to the House with them.
29/11/2001 Police Station Closures
I am not aware of the matter that the Leader of
The Honourable Michael Gallacher MLC the Opposition refers to...I will certainly have a
look at the Newcastle Herald and get back to
the honourable member.
29/11/2001 Police Service Charity and Community I do not accept that that is the policy, but I will
Service Charges
take advice and come back to the House.
The Honourable Patricia Forsythe MLC
29/11/2001 Inner-City Hotel Assaults
I will take advice on the report and come back
The Honourable Jenny Gardiner MLC
to the House.
29/11/2001 Police Sniffer Dogs
However, I am happy to provide some statistics
The Honourable Richard Jones MLC
on how the dogs are trained and what particular
activities they are able to undertake.
29/11/2001 Gladesville Police Local Area Command I am not aware of the statistics in relation to
The Honourable Greg Pearce MLC
Gladesville, but I will obtain details.
28/11/2001 Police Accommodation Costs
I do not have the answer to the question, but I
The Honourable Duncan Gay MLC
will obtain if for the honourable member.
28/11/2001 Glebe High School Police Presence …I will find out the answer to her question and
The Honourable Patricia Forsythe MLC
correct it.
28/11/2001 Police Roster Information
I will certainly have a discussion with the
The Honourable John Ryan MLC
Police Service to ascertain the reason for the
non-provision of those statistics. Some
operational matters may be involved. If there
are not, I will certainly come back to the House
with an answer to that question.
(Notice given 25 February 2004)
55.
Mrs Forsythe to move—
That this House:
(a)
acknowledges that the Pepper Tree Lodge at Queanbeyan has a long history of care as a unit for
the Confused and Disturbed Elderly,
(b)
notes that families of patients at the Lodge oppose its closure,
(c)
notes that over 2,000 members of the community have signed a petition opposing its closure,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(d)
notes that across the whole of the Southern Area Health Service there is limited facilities or staff
to provide care for dementia patients who have specific disturbed behaviour,
(e)
calls on the Minister for Health to direct the Southern Area Health Service to keep open Pepper
Tree Lodge as a unit for the Confused and Disturbed Elderly.
(Notice given 9 March 2004)
56.
Mr Breen to move—
That this House:
(a)
notes that the State Arms, Symbols and Emblems Act, Act No. 1 of 2004, received assent and
commenced on 2 March 2004,
(b)
authorizes the President, in compliance with the spirit of the legislation, to:
(i)
relocate the Royal arms of the United Kingdom to another position within this chamber,
(ii)
erect, in the position currently occupied by the Royal Arms, the State arms of a similar
size, construction and quality to Royal Arms of the United Kingdom.
(Notice given 9 March 2004)
57.
Mrs Forsythe to move—
That this House:
(a)
notes that the Federal Treasurer has stated that “The Commonwealth view has always been that,
whatever the methodology, it has to be agreed between all of the States … and if they can come
to an agreement on a new formula for the Grants Commission, we would follow the Grants
Commission, as we always have”, and
(b)
calls on the Premier and the Treasurer to convene a meeting of Labor Premiers and Treasurers
from each state and territory to seek an agreement on the Grants Commission formulae, to
ensure that New South Wales gets an equitable share of revenue.
(Notice given 11 March 2004)
58.
Ms Robertson to move—
That this House:
(a)
notes the importance of literacy amongst children as an essential tool for their education and
development through life,
(b)
congratulates the Government for the initiatives it has introduced to increase literacy levels in
school children, and
(c)
particularly congratulates the Government for those initiatives that target low socio-economic
groups, developing equitable literary levels for the entire community.
(Notice given 16 March 2004)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
59.
Mr Colless to move—
That this House:
(a)
congratulates the Federal Government on achieving the free trade agreement with the United
States of America, and in particular congratulates the Minister for Trade, the Hon Mark Vaile
for his untiring efforts over the last twelve months in working towards this agreement,
(b)
notes the substantial benefits to the Australian beef industry that will accrue from the immediate
removal of $US 4.4 cents per kilogram tariff will be $A58.60 for every tonne of in-quota beef
exported to the USA - a total immediate benefit of $A22.16 million,
(c)
notes that the total duty free quota for beef exported into the United States of America will
increase from 378,214 tonnes currently to 448,214 tonnes over the next eighteen years,
(d)
notes that the over quota tariff on beef exported into the United States of America will reduce
from 26.4% currently to zero over the next 18 years, and
(e)
notes that from year 19 and beyond Australian beef will have virtually open access to the United
States’ market.
(Notice given 16 March 2004)
60.
Ms Rhiannon to move—
That leave be given to bring in a Bill for an Act to amend the Anti-Discrimination Act 1977 to prohibit
private educational authorities from discriminating in education and in employment and to prohibit
certain employers from discriminating in employment; and for other purposes.
(Anti-Discrimination Amendment (Equality in Education and Employment) Bill)
(Notice given 18 March 2004)
61.
Mr Breen to move—
That leave be given to bring in a Bill for an Act relating to the appointment and functions of a
Parliamentary Commissioner for Standards; and for related purposes.
(Parliamentary Commissioner for Standards Bill)
(Notice given 30 March 2004)
62.
Mr Cohen to move—
That, under standing order 52, there be laid upon the table of the House within 14 days of the date of
passing of this resolution the following documents in the possession, custody or control of the Minister
for the Environment, the Department of Environment and Conservation or New South Wales Treasury,
relating to the proposed conservation and adaptive re-use of the North Head Quarantine Station by coproponents the Minister for the Environment and Mawland Hotel Management Pty Ltd, and excluding
any document provided according to previous order of this House:
(a)
any report prepared by PricewaterhouseCoopers on the financial capacity of Mawland Hotel
Management Pty Ltd to undertake the project;
(b)
any cost/benefit analysis of the project,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(c)
the report entitled “Quarantine Station Environmental Impact Statement – Assessment of
Economic and Social Impacts” prepared for the NSW National Parks and Wildlife Service by
Gillespie Economics 2001,
(d)
any document which records or refers to the production of documents as a result of this order of
this House.
(Notice given 30 March 2004)
63.
Dr Chesterfield-Evans to move—
That, under standing order 52, there be laid upon the table of the House within 14 days of the date of
passing of this resolution the following documents in the possession, custody or control of WorkCover
NSW or the Department of Environment and Conservation, relating to the Fox Studios, and excluding
any document provided according to previous order of this House:
(a)
minutes of any meeting between Mr Rick Bultitude and Mr John Watson, the Acting Chief
Executive Officer of WorkCover, regarding the WorkCover Construction Team site inspections
of the demolition and removal of asbestos from buildings in Fox Studios.
(b)
any photographs received by the WorkCover or the Environment Protection Authority since
January 2002 showing demolitions and the removal of roofing material from the back lot area of
Fox Studios Australia,
(c)
material safety data sheets for all chemicals used in Fox Studios craft shops,
(d)
any document which records or refers to the production of documents as a result of this order of
this House.
(Notice given 1 April 2004)
64.
Mr Gallacher to move—
That, under standing order 52, there be laid upon the table of the House within 14 days of the date of
passing of this resolution the following documents in the possession, custody or control of the
Government:
(a)
the feasibility study of options for a second rail crossing of Sydney Harbour conducted by
consultant Connell Wagner,
(b)
the feasibility study of the proposed North West rail link conducted by Sinclair Knight Merz Pty
Ltd,
(c)
the study into the Sydney CBD to Chatswood rail amplification – proposed new rail corridor
conducted by consultant Halcrow Pacific Pty Ltd,
(d)
any document which records or refers to the production of documents as a result of this order of
this House.
(Notice given 4 May 2004)
65.
Ms Cusack to move—
1.
That this House notes:
(a)
that in 1990 the Coalition Government replaced the Pacific Coast Motorail with XPT
services to the North Coast,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(b)
that on 9 February 1990 the Leader of the then Opposition, Bob Carr, called for an
independent inquiry into the effectiveness of the new and old North Coast rail services,
and proposed a 6 month moratorium on changes until the inquiry was completed,
(c)
that Mr Carr estimated cuts to North Coast rail would mean an additional 19 bus services
and 7,000 cars would travel the Pacific Highway each day and stated that this was
unacceptable,
(d)
that on 10 February 1990 the last Pacific Coast Motorail train left Central Station for
Murwillumbah and that amongst the passengers aboard the train who were protesting the
reduction of rail services to the Murwillumbah Branch Line were the then Shadow
Minister for Transport, Brian Langton MP and the then Leader of the Opposition, Bob
Carr MP,
(e)
that while Mr Carr got off the 1990 Murwillumbah Protest Train at Broadmeadow, Mr
Langton travelled to Murwillumbah where at 11.00 am on 12 February 1990 he led a
protest rally which sought to preserve the sleeping cars and dining cars on the service,
(f)
that Labor’s 1991 policy for seniors pledged:
(i)
to focus on transport and “put care for older people back on track for the 1990s”,
(ii)
that “Mobility and access to all forms of transport are the right of every older
person.”
(iii)
to restore the North Coast sleeper service at an annual cost estimated by Mr Carr
to be an initial $42 million one-off cost and thereafter a $20 million per anum
cost,
(g)
that Labor pledged in 1991 and 1995 to ensure co-ordination of public transport planning
with other Departments including those responsible for land use planning, housing,
community services and health,
(h)
that in recognition of the strength of community feeling on the issue, the Coalition
Government restored sleepers to the Murwillumbah rail survice,
(i)
that Labor’s 1995 Policy called “Putting the Public Back into Public Transport” pledged
to consult widely on all transport decisions before they were taken, to ensure costing of
transport decisions takes into account social, environmental and economic factors, and to
reduce the level of Carbon Dioxide emissions by 20% by the year 2005,
(j)
that these promises cannot be reconciled with the Government’s decision to run an extra
4,000 North Coast bus services plus thousands of Countrylink taxi trips per year to
replace the XPT which transports 333,000 passengers per year between Murwillumbah
and Casino,
(k)
that Labor’s 1995 election policy promised that “Under a Carr Government the NSW
Rail system will be accessible to those in remote areas of the State …. A Labor
Government will get the trains running again. On return to Government we will provide a
more flexible North Coast Service… improve staffing and station amenities at Kempsey,
Coffs Harbour, Grafton City, Casino, Lismore, Murwillumbah and Mullumbimby
stations to ensure adequate service provision for the travelling public and maximise the
tourism potential of these areas…”,
(l)
that Labor’s 1995 Roads Policy for the North Coast began with the words “Labor’s rail
policy will ease the heavy and dangerous traffic on the Pacific Highway and other main
roads on the North Coast”,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
2.
(m)
that Labor’s 1995 Regional and Rural Policy committed Labor to “maintaining a viable
and efficient country rail network”, to “aggressively market NSW Rail Freight as an
alternative to heavy road transport”, and to establishing an Office of Rural Communities
to ensure “the voice of rural communities will be heard at the highest level – government
services and jobs protected”,
(n)
that Labor’s 1995 Plan for Regional Development pledged increased spending on
infrastructure and that “improvements in passenger rail services will also provide a boost
for Countrylink rail holidays to destinations such as Dubbo, Broken Hill, the Riverina,
the mid and far North Coast and the New England area”,
(o)
that all of Labor’s protests and pledges to the staff, passengers and businesses who rely
on Countrylink train travel on the Murwillumbah to Casino Branch Line have now been
trashed by the short-sighted decisions to neglect maintenance on the Murwillumbah
Branch line and to end the rail services.
That this House calls on the Premier to honour commitments made over many years to preserve
the Murwillumbah services, to maintain country rail lines, to honour community service
obligations to the elderly and disabled, to preserve country jobs, to develop regional tourism, to
strategically integrate public transport planning with land use, health and other agencies and to
meet his pledge to operate a sustainable public transport system reducing the burden on our
environment and our roads.
(Notice given 4 May 2004)
66.
Ms Cusack to move—
1.
That this House notes:
(a)
the dislike Premier Carr has shown for Federal Opposition Leader Mark Latham which
was documented in the Premier’s diary notations published in Marilyn Dodkin’s book
“Bob Carr The Reluctant Leader” in which he wrote, on 14 March 1989 ... “I summoned
Peter (Anderson) and did a news conference in which I boldly endorsed him as my
choice. Earlier I’d had a conversation with Mark Latham…He in tears. Hung up on me.
He later phoned in to resign”,
(b)
the extent to which the Carr Government secretly hoped for a Howard victory at the 2001
Federal Election as documented by the following diary entries published in Marilyn
Dodkin’s book:
(i)
16 July 1999: “I intend to be Premier right through to 2003 and beyond. I’m
buoyed up by good publicity generated by the trip: Howard and Carr in New York
promoting Sydney. ‘The John and Bob Show’ …. This is the ideal political
positioning – as was confirmed in New York on Thursday when we heard a
lecture by political consultant Dick Morris. It was an uncanny echo of all that we
learnt during our campaign this year”;
(ii)
30 October 2001: “Suddenly it’s exciting. Howard is blitzing Labor-held seats
with direct mail advertising. “Like us in the State Election,” says Eric. “Plunging
in after seats held by the Opposition”. Could it be a wipe out like 1996? Still, in
Lowe, where I did a fundraising last night, the feedback is that voters want
answers on education, aged care, the GST”,
(iii)
6 November 2001: “Published polls and the Party’s polling start to show (Federal)
Labor edging up. Can’t believe it. All those stories of people slamming doors in
our faces. Maybe they’re working class, Tories who were against us anyway”,
says Egan. We’ll be the only ones weeping if Labor wins. Yes – the secret
agenda: State Labor wants to run against a rotting, hated Coalition Government in
Canberra. A Labor Government there only makes a third term harder”,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
2.
(c)
the two marginal Federal Electorates that must be won by the ALP if they are to win
Government in Canberra include the Far North Coast seats of Richmond and Page,
(d)
notes the Federal ALP candidates in Richmond and Page, have expressed dismay that the
Murwillumbah Branch Line which runs through these two seats has been effectively
closed in breach of promises of a 12 month moratorium on any changes to CountryLink
services to their communities,
(e)
notes a member of the Federal Opposition, Mr Martin Ferguson, is in Page today and
calling on the Carr Government to honour its word given to the people of Richmond and
Page.
That this House condemns the Carr Government for its selfishness, cynicism and dishonourable
conduct in using the Murwillumbah Railway line as a pawn in its secret campaign to re-elect a
Howard Government in Canberra.
(Notice given 5 May 2004)
67.
Mrs Forsythe to move—
That leave be given to bring in a Bill for an Act to amend the Legislation Review Act 1987 to extend
the role of the Legislation Review Committee to the scrutiny of the impact of Bills and regulations on
families.
(Legislation Review Amendment (Family Impact) Bill)
(Notice given 6 May 2004)
68.
Ms Cusack to move—
1.
That this House notes:
(a)
correspondence sent to the Premier by Miss Sarah McGuiness reads: “To Mr Carr, my
name is Sarah and I am seven years old. My Dad works at the railway station and if you
shut the railway my dad will have no job and he will be sad”,
(b)
correspondence sent to the Premier by Miss Brianna Taylor reads, “My name is Brianna,
I’m ten and I like trains. Sarah’s dad works at the railway station. He’s a happy man but
if you take his job away he will be sad and poor”,
(c)
Sarah McGuiness’s father, Mr Brain McGuiness, is father to five children, is employed
as a senior customer attendant at Lismore railway station and has worked for the railways
for 30 years.
2.
That this House notes the meeting held by Country Labor Party members on the Far North Coast
on 9 April 2004 to publicly protest against the Carr Government’s decision to close the
Murwillumbah branch line, and attended by Sue Dakin former Country Labor candidate for
Ballina, Jenny Dowell former Country Labor candidate for Lismore, Angela Danvers President
of the Mullumbimby branch of Country Labor, Ronald Tingle, President of the Ballina branch
of Country Labor and Hazel Bridgett secretary of the Alstonville branch of Country Labor.
3.
That this House notes the reaction of Country Labor Party members to the Carr Government’s
decision to close the Murwillumbah branch line including:
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
4.
(a)
Sue Dakin, Ballina Country Labor President (and former Country Labor candidate for
Ballina) as saying, “This is an outrageous decision by Premier Bob Carr and Minister
Costa. It is a betrayal of country people … no wonder people hate politicians”,
(b)
Jenny Dowell, the former Country Labor candidate for Lismore, and Country Labor
councillor as saying, “How can you trust them when they just tell you lies?” and has
further described the decision as “disgusting” and a “disgrace” and that, “This flies in the
face of all his guarantees. For Bob Carr to go back on his word is appalling”,
(c)
Justine Elliot, Labor’s endorsed candidate for Richmond, who said she was “completely
outraged” and angered by the NSW Government’s decision to scrap the rail service”,
(d)
Kevin Bell, Labor’s endorsed candidate for Page who said “This is an absolute travesty
that Sydney has inflicted on the North Coast and I have written to the Premier and the
Treasurer to inform them of my feelings”,
(e)
Martin Ferguson, Federal Shadow Minister for Urban and Regional Development who
yesterday told a meeting of Mayors at Casino Council that “Last December the Minister
for Transport Services, Michael Costa gave his promise to hold off making a decision on
the service for 12 months”. It is important that he be made to keep his word and “Keep
on doing what you are doing.”
That this House calls on the Premier to listen with respect to his own party members as well as
the strong views of CountryLink staff, their families and the wider community, and honour the
clear commitments he has repeatedly given in relation to maintaining and enhancing the
Murwillumbah branch line.
(Notice given 6 May 2004)
69.
Mrs Forsythe to move—
That this House:
(a)
notes the comments of the Hon Michael Costa, Minister for Transport Services during Question
Time on 5 May 2004, in which he branded Southern Highlands rail users as elite millionaire
stockbrokers, saying four times that he makes no apology for his actions,
(b)
notes that according to the Australian Bureau of Statistics, 55 per cent of the 51,753 workers
living in the Southern Highlands, a clear majority, earn less or close to the minimum wage,
(c)
notes that nearly two thirds or 63 per cent of the workers who live in the Southern Highlands
district are classified by the Australian Bureau of Statistics as being tradespersons, clerical staff,
sales, production staff or labourers, and
(d)
calls on the Hon Michael Costa to apologise without reservation to the residents of the Southern
Highlands and to listen to their genuine objections to his proposed cuts to express rail services,
and Bundanoon rail services, which are their lifeline to work, study, and medical treatment.
(Notice given 6 May 2004)
70.
Ms Hale to move—
1.
That this House notes:
(a)
that urgent action is required to save the 1,535 hectares of the former ADI site at St
Marys as a regional park for the people of Western Sydney,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
2.
(b)
that the site is home to one of the last remnants of Cumberland Plains Woodland, a
threatened ecological community that once stretched across the western plains but has
been reduced to 6% of its original area,
(c)
that the site is home to numerous endangered species of fauna and flora including the
Green and Golden Bell Frog,
(d)
that the CSIRO Wildlife Division, the National Trust of Australia, and NSW National
Parks and Wildlife Service have listed the site as high in biodiversity, endangered species
and habitats,
(e)
that the site is an area of great beauty with important ecological and environmental
values that should be preserved,
(f)
that the site is home to wild populations of emus and kangaroos, and possibly koalas, and
that the proposed development of 5,000 houses will result in the death of these animals,
(g)
that kangaroos and emus on the site are the last free roaming populations in the Sydney
basin,
(h)
that the NPWS Draft Macro Fauna Management Plan initially proposed the shooting of
approximately 600 Western Red kangaroos and 2000 of the Eastern Greys, and
(i)
that despite the government bowing to community outrage and promising to sterilise
rather than shoot the animals, this is a totally unsatisfactory and impractical outcome as
kangaroos can live for up to 20 years.
That this House further notes:
(a)
that the entire ADI site has been identified as being subject to localised salinity risks,
(b)
that the "Draft Salinity Hazard Map for Western Sydney" prepared by the former
Department of Land and Water Conservation, reveals that clearing of vegetation on the
site will result in a raised water table and increased salinity,
(c)
that salinity outbreaks have already been identified in the south-west corner of the site,
(d)
that serious concerns remain about the level of contamination following decades of
manufacturing, handling, storing and testing of munitions on the site,
(e)
that a 1999 decontamination audit found that nearly 100 hectares in the Eastern Precinct,
now zoned Regional Park, was so contaminated that it needed to be fenced off to protect
the public,
(f)
that the Government cannot continue to ignore contamination issues by simply fencing
off the areas of highest contamination,
(g)
that parts of the site remain contaminated with asbestos, low level radiation and chemical
contamination,
(h)
that no testing of accumulated chemical contamination has been carried out on the tissues
of flora and fauna on the site,
(i)
that Blacktown Council sought and received a $50 million indemnity from the Federal
Government to exempt it from possible future claims from workers or residents on the
site, indicating that the health risks associated with contamination have not been
resolved,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(j)
that flood mitigation proposals for the site are inadequate, and that the State Emergency
Services estimate that up to one-third of the proposed house sites could be at risk of
flooding,
(k)
that the Federal government sold the land, along with two sites in Melbourne, to the
developer Lend Lease for $165 million, which, on a per hectare basis, is approximately
nine times less than the sale price achieved for the nearby Australia’s Wonderland site
one month later,
(l)
that, between 1998-2003, the developer, Lend Lease, made donations to the NSW Liberal
Party of $111,500 and to the NSW Labor Party of $281,536,
(m)
that, during this period, the NSW Labor Government rezoned the land to allow the
construction of 8,000 homes,
(n)
that the sale of the ADI site at well below market rates and the rezoning to allow the
construction of 8,000 houses will result in Lend Lease making a profit of more than $1
billion over the next ten years,
(o)
that the community is now rightly asking whether the sale of the site was in the best
interests of taxpayers and is questioning the role of both state and federal governments in
this transfer of public land and its contribution to massive corporate profit,
(p)
that Sydney’s continued urban sprawl has particularly adverse impacts on western
Sydney and results in increased air pollution, environmental destruction, inadequate
infrastructure and social dislocation,
(q)
that increased urban sprawl is at odds with the principles of environmentally sustainable
development,
(r)
that if previous civic leaders had adopted the same approach as the current Labor
Government – bulldozing urban bushland to house an increasing population – there
would be no Centennial, Ku-ring-gai or Royal National parks, and
(s)
that the people of Western Sydney are entitled to a regional park for the enjoyment of
current and future generations.
3.
That this House congratulates the local community in Western Sydney, including the ADI
Residents Action Group, who have worked for almost a decade to save the ADI site and notes
that local residents do not want this development, as has been highlighted by the overwhelming
number of supportive emails and letters sent to the Daily Telegraph and the Sunday Telegraph.
4.
That this House calls on the Government:
(a)
to halt the development of the ADI site and rein in Sydney’s continued urban sprawl,
(b)
to refuse to enter into any agreement with the Federal government to finalise the sale of
the land to Lend Lease,
(c)
to make publicly available any verbal or written agreements between the State
Government and either Lend Lease or the Federal Government relating to future use of
the land,
(d)
to rezone the land and revoke consent for residential development on the site, and
(e)
to preserve the entire ADI site for research, educational and recreational purposes.
(Notice given 11 May 2004)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
71.
Ms Fazio to move—
That this House:
(a)
notes the incident which occurred at the formation meeting of a Liberal Party Branch at the
Croatian Club in Punchbowl on Wednesday 5 May 2004 resulted in the police being called to
break up a brawl,
(b)
notes the blatant attempts by warring factions in the Liberal Party to exploit and exacerbate
tensions between different ethnic and religious groups in the community, and
(c)
supports ethnic and religious harmony within New South Wales.
(Notice given 11 May 2004)
72.
Ms Fazio to move—
That this House:
(a)
notes the comments made by the Hon Catherine Cusack in correspondence dated 20 June 2003
complaining that a cartoon in a local church newsletter “was twisted, cynical and has the effect
of hardening community attitudes against politicians”, and
(b)
acknowledges that any person entering into a career as a public office holder should be prepared
to accept reasonable general criticism from the public about their chosen profession and should
accept such criticism with good grace.
(Notice given 11 May 2004)
73.
Miss Gardiner to move—
That this House notes the front-page article of The Northern Star on 7 May 2004 which states that:
(a)
residents of the Northern Rivers are disgusted with Premier Bob Carr, Treasurer Michael Egan,
Transport Services Minister Michael Costa, and Labor member for Tweed Neville Newell.
“These people have failed us and don’t deserve our support.”
(b)
Messrs Carr, Egan, Costa, and Newell “have the capacity to protect the Northern Rivers XPT
service. But they failed us.”
(c)
“Mr Carr once rode a protest train to protect our services, but he has abandoned us.”
(d)
“Mr Egan is sacrificing our public transport to fix his budget mess.”
(e)
“Mr Costa doesn’t seem to care about country people.”
(f)
the support from the member for Tweed, Neville Newell “has been lacklustre.”
(g)
the people of the Northern Rivers send out a challenge for Messrs Carr, Egan, Costa and Newell
to “come to the Northern Rivers in person and explain their decision – because come election
time, we will remember”; and
(h)
the NSW Labor Government have seriously failed the people of the Northern Rivers and now
“don’t deserve our support”.
(Notice given 12 May 2004)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
74.
Mr Gay to move—
That this House:
(a)
notes the increases in taxes and charges by the State Labor Government despite an election
pledge not to increase any taxes and charges,
(b)
notes that there is a Labor Government in every Australian State,
(c)
notes that the rate of GST can only be in creased by an unanimous decision of all the States and
the Federal Government,
(d)
calls on the Carr Labor Government to reject any call from the Federal Labor Leader Mark
Latham to increase the rate of GST.
(Notice given 2 June 2004)
75.
Miss Gardiner to move—
That this House:
(a)
calls on the NSW Labor Government to re-think any plan to amalgamate the New England and
Hunter Area Health Services,
(b)
notes the opening remarks in the report to the NSW Health Minister of the NSW Ministerial
Advisory Committee on Health Services in Smaller Towns, chaired by the Rt. Hon. Ian Sinclair,
viz:
“Few government portfolios engender more impassioned debate than health when
changes in methods of service delivery are proposed.
This is particularly so in small rural communities, where health services, especially
hospitals, are seen as part of the social fabric of the community”,
(c)
notes these words in the first paragraph of the “Main Findings” of the Sinclair Report:
Area Health Services need to fully involve local communities in identifying their needs
and in planning services,
(d)
notes that the Sinclair Report highlighted a ‘lack of communication between levels of
government, management, health professionals and the community’ as one of the five most
significant barriers in adapting health services to changes in community needs’,
(e)
notes the statement in the Report of the NSW Health Council, “A Better Health System for
NSW”, known as the Menadue Report, submitted to the NSW Labor Government:
“We believe that it is a fundamental right for all members of the community to be
involved in the management of changes to their health care system. As taxpayers,
citizens and residents, they are the principal stakeholders and are entitled to a sense of
ownership of the health services they receive. This is especially true in rural
communities, where…the local health facility is often a major source of employment…”,
(f)
notes the complete lack of community consultation and secrecy surrounding the mooted
amalgamation of NEAHS and HAHS,
(g)
notes the complete sidelining of local Health Councils in having any input to major decisions
about the future of Area Health Services, and
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(h)
condemns the NSW Labor Government for thumbing its nose at these crucial findings and
recommendations of the Sinclair and Menadue Reports as exemplified by the mooted AHS
amalgamation.
(Notice given 3 June 2004)
76.
Mrs Forsythe to move—
That this House:
(a)
notes the decision by the State Government to abolish 50 local community–owned Business
Enterprise Centres (BEC’s) and replacing them with 18 so-called Super Centres in metropolitan
and large regional centres,
(b)
notes the failure of the Minister for Small Business to consult or advise existing contract holders
of the government’s decision before issuing a media release,
(c)
recognises the valuable work undertaken by the 50 BEC’s with 178,000 small business clients,
42,000 face to face counselling sessions and over 700 training programs in 2002-2003, alone,
and over 50,000 jobs created with BEC’s support over the past ten years,
(d)
notes the decision by the Government highlights its ignorance of the needs of small and diverse
communities that are geographically isolated,
(e)
condemns the decision as being anti-small business, and
(d)
calls on the Government to rescind its decision.
(Notice given 22 June 2004)
77.
Ms Cusack to move—
That this House:
(a)
notes that the Minister for Women is committed to maintaining the NSW Women’s Grants
Program, which currently receives $1.115 million,
(b)
notes that the mini-Budget estimates put total funding available for the Department of Women
in 2005-2006 at $1.125 million,
(c)
notes that if funding is to be maintained for the Grants Program without indexation, it would
appear to leave just $10,000 funding available for the new Office of Women in the Premier’s
Department,
(d)
calls on the Government to maintain the Women’s Grants Program at existing levels, plus
indexation,
(e)
calls for additional funds to be made available to properly fund and staff the new Office of
Women,
(f)
calls for the new senior position heading the Office of Women to be appointed at Assistant
Director General level within the Premier’s Department, and
(g)
calls for funding and staffing to be transparent in the forthcoming NSW Budget.
(Notice given 22 June 2004)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
78.
Ms Rhiannon to move—
That this House:
(a)
notes that capsicum spray was introduced for police use in November 1997 as a “non-lethal
alternative to firearms”,
(b)
notes the incidents during recent student protests at the University of Technology, Sydney, when
police used capsicum spray against unarmed protesters,
(c)
states that these incidents have again demonstrated that the NSW Police Service is now using
capsicum spray as an additional weapon of punishment in circumstances where firearms would
never have been used,
(d)
calls on the Government to conduct a review of police use of capsicum spray
(e)
recommends that this review develop guidelines that would ensure capsicum spray is only used,
if at all, in the situations for which it was intended.
(Notice given 22 June 2004)
79.
Mrs Forsythe to move—
That this House:
(a)
notes the Minister for Health’s media release of 1 June 2004 threatening $4 million cuts to the
funding of breast screening programs in New South Wales,
(b)
expresses concern that if these funding cuts proceed, the number of breast screenings would be
cut by more than 40,000,
(c)
expresses concern that the State Government is playing politics with such an essential women’s
health program as part of its negotiations with the Federal Government over health funding,
(d)
calls on the Government to immediately commit to maintain funding to BreastScreen NSW to
ensure effective breast cancer screening for women in New South Wales, and
(d)
notes that this funding could be sought through either:
(i)
abolishing the State Government’s $4 million Statewide media monitoring apparatus,
(ii)
reducing by 50% for one month the State Government’s spending on advertising, and
(iii)
reversing the 20% growth over the past four years in the number of bureaucrats
employed by NSW Health.
(Notice given 22 June 2004)
80.
Ms Rhiannon to move—
That this House:
(a)
notes the increasing use of drug sniffer dogs at nightclubs, railway stations, concerts and other
places where young people either seek enjoyment or go about their normal activities,
(b) notes numerous reports of abusive behaviour and/or harassment by police using sniffer dogs,
(c)
condemns the use of sniffer dogs as an aggressive and unwarranted intrusion on civil liberties,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(d) states that the use of sniffer dogs on the public transport system will draw more young people
into the criminal justice system, which will not prevent crime nor minimise the harm caused by
drugs,
(e)
states that sniffer dogs are a waste of police resources, because each dog costs $90,000 but the
dogs almost never catch the real targets such as the big drug dealers and manufacturers,
(f)
urges the Government not to use sniffer dogs for low-level drug operations and “fishing
expeditions”.
(Notice given 22 June 2004)
81.
Ms Rhiannon to move—
That this House:
(a)
condemns the Government’s move to abolish the policy and legal advisory arm of Privacy
NSW, which will turn this important agency into little more than a complaints handling body,
(b)
sees the attack on Privacy NSW as the latest in a series of attempts by the Government to
muzzle independent watchdogs and policy agencies, including:
(i)
(ii)
(iii)
(iv)
(c)
condemns the Government’s agenda of:
(i)
(ii)
(d)
the abolition of the Inspector-General of Prisons,
funding cuts to the Anti-Discrimination Board,
the abolition of the Department of Women,
the move to restrict or revisit the powers of the Independent Commission Against
Corruption,
reducing accountability by preventing the kind of scrutiny that these agencies offer,
cutting public service jobs,
calls on the Government to:
(i)
(ii)
restore funding for the Anti-Discrimination Board and the Department of Women,
provide Privacy NSW with additional funding to meet its growing responsibilities in the
health sector, and across the board.
(Notice given 22 June 2004)
82.
Ms Cusack to move—
That this House:
(a)
notes the unanimous vote of Country Labor delegates at last weekend’s Country Labor
Conference in Bathurst calling on the Government to reinstate the Murwillumbah XPT service,
(b)
notes the arrogance and contempt displayed towards Country Labor by the Premier and the
Minister for Transport who instantly dismissed the views of their Country Labor colleagues, and
(c)
notes with regret that the Country Labor motion passed unanimously in Bathurst concerning
country rail services has not been considered by the Government which therefore neglects the
travel requirements of country people.
(Notice given 23 June 2004)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
*83.
Crown Lands (Prevention of Sale) Bill 2004—resumption of the adjourned debate of the question on
the motion of Mr Cohen: That this bill be now read a second time (5 calendar days from 28 June
2004)—Dr Chesterfield-Evans. (20 minutes)
84.
Ms Hale to move—
That this House:
(a)
(b)
(c)
condemns current and past state and federal governments for:
(i)
the consistent under funding of public housing that has resulted in the gradual slide from
public housing to last resort welfare housing,
(ii)
the decline in public housing stock that has resulted in a chronic housing shortfall and
waiting lists of up to ten years.
condemns the NSW Government for:
(i)
allowing 26,000 people to remain homeless in New South Wales, 35% of whom are
youth aged between 12 and 24,
(ii)
not providing permanent housing to the more than 6000 homeless children between 12
and 18 years of age, and the additional 5000 children living in refuges,
(iii)
funding only 220 additional housing units in this year’s budget, despite a waiting list of
more than 100,000 people,
(iv)
introducing the Residential Tenancies Amendment (Public Housing) Bill 2004 which
will directly result in more homeless people living on the streets in New South Wales,
demands that state and federal governments allocate more funding to public housing to alleviate
the chronic problem of homelessness.
(Notice given 23 June 2004)
85.
Ms Hale to move—
That this House:
(a)
endorses the findings of the special report of the Ombudsman entitled “DADHC - The need to
improve services for Children, young people and their families – A report arising from an
investigation into the Department of Ageing, Disability and Home Care,” dated April 2004.
(b)
condemns the continuing failure of the Government to properly address the ongoing crisis in
supported accommodation and respite places across New South Wales,
(c)
recognises the ongoing collective hard work, commitment and dedication shown by the staff of
the State’s non-government disability service providers,
(d)
commends the invaluable contribution made by the State’s carers and by the families of people
with disabilities in New South Wales and recognises that their collective efforts save the
Government approximately $5.4 billion in expenditure each year.
(Notice given 24 June 2004)
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86.
Ms Hale to move—
That this House:
(a)
recognises people with disabilities as integral members of the community, deserving of the same
opportunities as all members of society;
(b)
supports provision of attendant care services and physical aids to facilitate independent living by
people with disabilities,
(c)
recognises that adequate funding must be allocated to ensure that independent living is an option
for those people with disabilities who are capable and desirous of achieving it,
(d)
condemns the Government for not allocating in the 2004-2005 budget the full $30 million
needed to adequately fund the Program of Appliances for Disabled People.
(Notice given 24 June 2004)
87.
Mr West to move—
That this House:
(a)
notes the relative and absolute increase in the number of casual jobs which make up workplaces
around Australia,
(b)
notes that it is becoming increasingly common for employees to receive short shifts rather than
more meaningful rostered hours,
(c)
notes that the increase in rostering employees for short shifts hurts employees because it:
(d)
(e)
(i)
prevents employees from receiving superannuation payments,
(ii)
increases the ratio of travelling time to earning time,
(iii)
causes casual employees to have total weekly hours below the minimum to qualify for
part-time work,
(iv)
causes employees to never receive paid breaks, and
(v)
forces many employees to seek multiple jobs to earn sufficient money,
notes that those who seek multiple jobs are further disadvantaged by:
(i)
working total hours which would attract overtime penalty rates if with a single employer
but which do not qualify across multiple employers,
(ii)
making the minimum break provisions between shifts meaningless, and
(iii)
meeting the minimum income for superannuation as total income without reaching the
threshold across each employer,
notes that this has an adverse impact on the community by:
(i)
reducing the number of full time and other permanent jobs,
(ii)
undermining working entitlements, and
(iii)
preventing appropriate retirement savings from being put aside through superannuation,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(f)
(g)
urges future reports on employment in Australia to indicate:
(i)
trends in the numbers of people working multiple jobs, and
(ii)
how many employees are employed in jobs which do not earn sufficient money to qualify
for compulsory superannuation, cross referenced to the age and sex of employees,
supports any future moves within the Industrial Relations Commission to vary awards to
increase the casual loading for casuals working short shifts.
(Notice given 28 June 2004)
88.
Ms Rhiannon to move—
1.
That this House notes:
(a)
that on 2 November 2000, the Special Minister of State, the Hon. John Della Bosca
MLC, was quoted as saying that “if cannabis can relieve the suffering of people in
terrible pain, then we should make every effort to explore how that can be done”,
(b)
that two and a half years later, on 21 May 2003, Premier Bob Carr announced that a
medicinal cannabis trial would begin at the end of that year, saying in question time that
“no decent government can stand by while fellow Australians suffer like that, while
ordinary people feel like criminals for simply medicating themselves”,
(c)
that the Special Minister of State, in answering a question on notice no. 259 of October
2003 from Greens MLC Ms Lee Rhiannon, said exposure legislation would be released
“later in the year”,
(d)
that on 12 December 2003, the Special Minister of State was unable to answer a question
without notice from Greens MLC Ms Lee Rhiannon as to when the trial would start,
(e)
that when an answer to the 12 December 2003 question was supplied on 24 February
2004, the Government said it would make an announcement “in due course”,
(f)
that on 13 May 2004, the Premier wrote to Prime Minister John Howard asking for his
support for sourcing the cannabis from Canada, saying there were complex jurisdictional
issues,
(g)
that it is coming up to 4 years since the Government began promising to relieve suffering
for those in terrible pain,
(h)
that the Tasmanian Opium Poppy Board is run by the Tasmanian Government without
reference to federal legislation, suggesting jurisdictional issues are not an obstacle to a
medicinal cannabis trial,
(i)
that it is open to NSW Health to make recommendations to the National Poison Drugs
Scheduling Committee, which can reschedule cannabis from one drug category to
another and allow medical trials,
(j)
that universities could undertake medicinal cannabis trials under section 23 of the Drugs
Misuse and Trafficking Act, and Southern Cross University stands ready to do so,
(k)
that Canada and the United Kingdom got medical trials off the ground using a supply of
confiscated cannabis,
(l)
that in June 2004, the Government rejected an application from the Royal North Shore
Hospital to trial an application of medicinal cannabis for pain relief, and
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(m)
that the Government is ignoring information and proposals that could allow medical trials
to proceed forthwith.
2.
That this House condemns the Government’s four years of delay, neglect and obfuscation,
which have prolonged the uncertainty and suffering of many Australians.
3.
That this House calls on the Government to desist with delays and begin trials of medicinal
cannabis in the immediate future.
(Notice given 28 June 2004)
89.
Mrs Pavey to move—
That this House:
(a)
(b)
(c)
notes the significant contribution of the federal Nationals in securing the economic prosperity of
regional Australia and in particular rural and regional New South Wales through:
(i)
Deputy Prime Minister and federal Nationals Leader John Anderson securing the historic
water sharing agreement which will guarantee water rights and investment security for
primary producers while achieving better environmental flows,
(ii)
Deputy Prime Minister and federal Nationals Leader John Anderson redirecting part of
the $7.8 billion interest savings per annum the Commonwealth has created by paying off
Labor debt, into a $2.5 billion building bonanza for road and rail infrastructure in New
South Wales this financial year, and
(iii)
the Free Trade Agreements the Hon Mark Vaile has achieved between Singapore,
Thailand and the United States, the world’s biggest economy, for our primary producers
and manufacturers,
condemns the Latham-led Labor Opposition for their misleading advertisement in the Dubbo
Daily Liberal on 26 June 2004 which claims to support farmers yet does not reveal Mark
Latham’s true policy agenda for rural and regional Australia which includes:
(i)
abolishing junior wage rates,
(ii)
forcing small businesses to make redundancy payments for the first time ever,
(iii)
allowing union officials the right of entry into small business at any time including home
based business, and
(iv)
imposing the first federal Payroll Tax since 1971,
notes that while claiming to support farmers on one hand Mark Latham has preached in the
Daily Telegraph on 5 March 2001 that “the most disadvantaged and powerless Australian’s do
not live in the bush. They live in the outer suburbs of out of major cities.”
(Notice given 29 June 2004)
90.
Mr Jenkins to move—
That, under standing order 52, there be laid upon the table of the House within 14 days of the date of
passing of this resolution the following documents in the possession, custody or control of the Minister
for the Environment, the Department of Environment and Conservation, the Royal Botanic Gardens
and Domain Trust, the Minister for Infrastructure and Planning and Minister for Natural Resources, and
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
the Department of Infrastructure Planning and Natural Resources, relating to the removal of trees from
the Domain during 2004:
(a)
all documents prepared by arborists or other scientific or technical reports on the state of the
trees proposed to be removed from the Domain,
(b)
all documents relating to communications between the National Parks and Wildlife Service, the
Royal Botanic Gardens and Domain Trust, and other government agencies related to the
removal of the trees,
(c)
any document which records or refers to the production of documents as a result of this order of
this House.
(Notice given 29 June 2004)
91.
Ms Hale to move—
That this House:
(a)
condemns government cuts to the Adult Training Learning and Support (ATLAS) and Post
School Options (PSO) programs that will result in cuts of up to 60% in the level of funding
going to many disabled clients,
(b)
notes the partial “back-flip” by the government to maintain the PSO program for existing
participants, but is concerned that this will create an unjust two tiered system whereby existing
and new participants will be treated differently,
(c)
rejects the government’s rationale that the programs were axed because they failed to get people
into paid employment,
(d)
recognises the impact these cuts will have not only on program recipients, but also on their
carers, many of whom are already struggling to cope in an environment of inadequate
government support,
(e)
congratulates carers and family members for the massive contribution they make, and
recognises that carers’ unpaid work saves the government approximately $4.5 million per
annum,
(f)
calls on the government to reconsider cuts to the ATLAS/PSO programs and to expand, rather
than reduce disability support services.
(Notice given 31 August 2004)
92.
Mr Tsang to move—
That this House:
(a)
expresses concern at Telstra’s submission to the ACCC’s review into price controls calling for
an end to the 22 cent cap on local call costs,
(b)
notes that this would allow Telstra to increase local call costs at their discretion, leading to
higher local call costs for consumers and paving the way for timed local calls,
(c)
expresses concern at the effect this would have on consumers, particularly those consumers who
are vulnerable and isolated and rely on the telephone as a means of communication,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(d)
notes that Telstra’s actions in calling for a price hike reflect a response to shareholder pressure
for profits over a commitment to providing an equitable service to the community, and further
notes that such pressures will only be exacerbated if Telstra is fully privatised, and
(e)
calls on the next Federal Government to commit to tightening the price control regime,
maintaining capped local call costs, and retaining majority public ownership in Telstra.
(Notice given 31 August 2004)
93.
Ms Cusack to move—
That, under standing order 52, there be laid upon the table of the House within 14 days of the date of
passing of this resolution the following documents in the possession, custody or control of the Minister
for Education and Training or the Department of Education and Training:
(a)
all papers, including the final report, of the Department of Education and Training taskforce
established by the Minister for Education and Training to audit the work of the property section
in relation to maintenance of public schools,
(b)
all papers produced since the audit report which relate to work required, work planned and work
completed on school maintenance, and
(c)
any document which records or refers to the production of documents as a result of this order of
the House.
(Notice given 31 August 2004)
94.
Ms Burnswoods to move—
That this House:
(a)
opposes the closure of the Faculty of Nursing at Sydney University,
(b)
notes with concern that since the election of the Howard Government in 1996, 18,000 nursing
applicants have been turned away from university because there are not enough places,
(c)
confirms that New South Wales needs more nurses, not less, and
(d)
calls on the new Federal Government to work with the New South Wales Government to
address the shortage of nursing places in New South Wales universities.
(Notice given 31 August 2004)
95.
Ms Fazio to move—
That this House:
(a)
notes the Prime Minister's recent comments that greater trade union involvement in industrial
relations policy making poses a threat to business and the Australian economy,
(b)
notes that with two million members, the trade union movement is the largest community based
organization in Australia,
(c)
condemns the Prime Minister for his attempt to portray two million hardworking Australians as
a threat to the national interest.
(Notice given 31 August 2004)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
96.
Ms Rhiannon to move—
That this House:
(a)
(b)
notes that:
(i)
public confidence in James Hardie Industries has been eroded after it under-funded its
compensation scheme and moved its headquarters offshore to avoid or minimise its
future compensation liabilities,
(ii)
the Asbestos Diseases Foundation of Australia and the victims of asbestos related
diseases, their families and carers oppose James Hardie’s proposed statutory scheme to
cap the maximum compensation available to victims of asbestos disease caused by James
Hardie products,
(iii)
the existing compensation scheme allows for the expedient hearing of victims’ claims,
given that the claimants are suffering from fatal diseases and do not have long to live,
calls on the NSW Government to:
(i)
reject James Hardie’s proposed scheme for a state administered statutory scheme to
administer the claims of asbestos victims against James Hardie that caps the maximum
compensation available to victims of asbestos disease,
(ii)
retain and support the existing compensation scheme,
(iii)
appoint a special prosecutor with the Crown Solicitor’s Office to pursue all claims
against James Hardie and other involved parties, with the proceeds going to the Medical
Research and Compensation Foundation, and
(iv)
grant the Special Prosecutor the discretionary authority to fast track claims from victims
who do not have long to live.
(Notice given 1 September 2004)
97.
Mr Gallacher to move—
1.
2.
That this House notes:
(a)
statements by the Honourable Michael Costa MLC in the House on 31 August 2004 that
“…the Leader of the Opposition again sought to distort the facts…” and further “He
made extraordinary claims today that the Government’s reform package would lead to
fare increases in the Sutherland Shire. That is absolutely wrong.”,
(b)
that Sutherland Shire currently has bus services provided by the State Transit Authority,
as well as private bus companies,
(c)
that Sutherland Shire residents travelling from Miranda to Rockdale by State Transit bus
will pay an additional 10c per single journey under the Government’s reform package,
and
(d)
that Sutherland Shire residents travelling from Miranda to Rockdale using TravelTen bus
tickets will pay an additional $6.90 for a Red TravelTen by the second year under the
Government’s reform package.
That, for the above reasons, this House calls on the Honourable Michael Costa MLC, Minister
for Transport Services, Minister for the Hunter and Minister Assisting the Minister for State
Development to clarify whether he intentionally misled the House or was saying anything and
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
distorting any fact to get a headline, and calls on the Minister to get his facts right before he
makes statements in this House.
(Notice given 2 September 2004)
98.
Mr Gay to move—
That this House calls on the Minister for Primary Industries to recommend to Her Excellency the
Governor the making of a regulation to amend the Stock Diseases (General) Regulation 2004 to include
a new timetable for introduction of the new scheme for the mandatory permanent identification of stock
in order to:
(a)
postpone the commencement of the requirement for the owner of identifiable stock born on or
after that date to identify the stock before they leave their property of birth, from the current date
of 1 July 2004 until 1 July 2005,
(b)
postpone the commencement of the requirement for the owner of any identifiable stock
(irrespective of age) to identify the stock before they leave any property on which they are kept
(except bobby calves direct to slaughter), from the current date of 1 July 2005 until 1 January
2006,
(c)
postpone the commencement of the requirement for saleyards to notify the National Livestock
Identification Scheme (NLIS) database of all cattle being sold from the current date of 1 July
2005 until 1 January 2006, and
(d)
retain the current date of 1 January 2006 for the commencement of the requirement for
notification to the NLIS database of all movements of cattle between properties.
(Notice given 2 September 2004)
99.
Ms Rhiannon to move—
That this House:
(a)
recognises that New South Wales is very well served by its Technical and Further Education
System system, which supports wealth creation and provides opportunities for all Australians to
participate in the economic, cultural and political life of our society,
(b)
recognises the excellent work done by TAFE teachers, both permanent, part-time and casual,
despite inadequate pay and poor conditions and the absence of sufficient support from State and
Federal governments,
(c)
recognises that the treatment of part-time casual teachers in TAFE has been particularly unfair
and unjust,
(d)
calls on the Government to immediately institute pro-rata pay and conditions for part-time and
casual TAFE teachers, regardless of any determination of the Industrial Relations Commission,
(e)
notes that in 2003 New South Wales already had some of the most expensive TAFE fees in
Australia, even before the large fee increases of 2004,
(f)
notes that rather than the expected 5 per cent Australia-wide growth, New South Wales student
enrolments declined in the first quarter of 2004 by about 9 per cent,
(g)
notes with grave concern the economic hardship these fees are causing many TAFE students,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(h)
calls on the Government to work toward the abolition of fees and materials charges for all TAFE
courses, and, in the short term, to reduce the fees at Certificate IV and Diploma levels, and to
adopt a fair fee structure for part-time students,
(i)
condemns the chronic under-funding of TAFE by both State and Federal governments,
including the Carr Government’s reduction in per-student investment in TAFE of 25per cent in
real terms over the past five years, and
(j)
calls on the Government to significantly increase funding in real terms in the 2004-05 New
South Wales TAFE budget.
(Notice given 14 September 2004)
100.
Mrs Forsythe to move—
That this House:
(a)
welcomes the commitment by the Director General of Education and Training to adopt the
recommendations by the Auditor General to strengthen school annual reports by including
information which allows parents to make comparisons between schools in like circumstances
with more emphasis on “value adding”,
(b)
notes that this effectively endorses the policy the Coalition took to the last election, and
(c)
calls on the Minister for Education and Training to support the Director General and get on with
the job of implementing the Auditor General’s recommendations.
(Notice given 16 September 2004)
101.
Ms Fazio to move—
That this House:
(a)
notes the impact of the protracted road works in Macleay Street Kings Cross including:
(i)
(ii)
(b)
the disruption to traders and shopkeepers who have reported loss of trade of up to 75 per
cent, and
the considerable inconvenience to local residents, tourists and pedestrians, and
calls upon the Lord Mayor of Sydney and the council of the City of Sydney to expedite
completion of these works and ensure there are no further delays.
(Notice given 16 September 2004)
102.
Ms Fazio to move—
That this House:
(a)
notes the rally held by banana growers from New South Wales and Queensland in Coffs
Harbour on 13 September 2004 to protest against imports from the Philippines, and
(b)
supports the concerns of growers and industry stakeholders and the actions of the Minister for
Primary Industries in opposing the decision of Biosecurities Australia to give the green light to
imported bananas which will expose local crops to the risk of disease from overseas.
(Notice given 16 September 2004)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
103.
Mr Pearce to move—
That this House:
(1)
Notes with concern that:
(a)
the Honourable Michael Egan MLC, Treasurer, Minister for State Development and
Vice-President of the Executive Council, has wilfully contravened the requirements of
section 8(1) of the Public Finance and Audit Act 1983 (“PFAA”) by failing to publicly
release a statement for each month (a monthly statement) by the end of the following
month, setting out the budget time projections and year-to-date balances for the major
GFS aggregates disclosed in the New South Wales budget for the months of April, May,
June, July and August 2004, and
(b)
the Treasurer’s statements made before the Legislative Council Budget Estimates hearing
on Monday 13 September 2004 that:
(i)
(ii)
“I have not seen - …a revision of the budget”, and
“I receive – after a few months of the financial year, we start getting the monthly
financial statement. That usually does not start until around about September for
the financial year that begins on 1 July, so probably at some stage this month we
will get the monthly financial statement for July. And that is made public, by the
way.”
were misleading to the Estimates inquiry, and
(c)
(2)
the Treasurer’s response to a question on notice on 16 September 2004 that: “…it will
not be very long before the monthly financial statements are released….There is always a
hold-up at the end of the year because the June statement comes out,” was misleading to
the House, and
Censures the Honourable Michael Egan MLC, Treasurer, Minister for State Development and
Vice-President of the Executive Council.
(Notice given 23 September 2004)
104.
Mr Harwin to move—
That this House take note of Report No. 1 of the Legislation Review Committee entitled “Operation,
Issues and Future Directions: September 2003 – June 2004”, dated 24 June 2004.
(Notice given 19 October 2004)
105.
Mr Gay to move—
That this House:
(a)
notes that on 19 October 2004, the Minister for Primary Industries stated “In relation to Trangie,
that is the lie the Deputy Leader of the Opposition has peddled around the State, as have some
other members opposite, that we would sell Trangie, that was never the proposition.”,
(b)
further notes the contradiction between this statement, the Department of Primary Industries
Workforce Management Plan which states “Land at Trangie and Wollongbar currently being
used for commercial production of crops and grazing will be disposed of” and comments made
by the Minister on 4 June 2004 that “I do not anticipate that a decision to sell off land at that site
will have any impact on jobs. It is not necessary to own 10,000 acres at Trangie to conduct
fundamental or any other research”, and “locking up a great deal of assets, in terms of land that
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
is not necessarily being utilized for research capabilities, is an antiquated concept, when that
surplus land, or what I would call a lazy asset, could be put to better use…”, and
(c)
reminds the Minister, as the Department of Primary Industry staff at Trangie have done, that to
sell any part of the land at Trangie is equivalent to selling the Trangie Research Station, given
that research carried out at this station is conducted on land at the station.
(Notice given 20 October 2004)
106.
Mr Cohen to move—
That leave be given to bring in a Bill for an Act to amend the Uranium Mining and Nuclear Facilities
(Prohibitions) Act 1986 to make further provision for prohibiting nuclear facilities and in connection
with storage and disposal of nuclear waste in the State.
(Uranium Mining and Nuclear Facilities (Prohibitions) Amendment Bill)
(Notice given 20 October 2004)
107.
Mr Breen to move—
1.
2.
That General Purpose Standing Committee No. 3 inquire into and report on the application of
‘natural life’ sentences handed down under section 19A of the Crimes Act 1900 including:
(a)
the impact on prisoners serving ‘natural life’ sentences,
(b)
the conditions in which ‘natural life’ prisoners are incarcerated,
(c)
any impact on the correctional system more generally.
That the committee report by Friday 30 September 2005.
(Notice given 20 October 2004)
108.
Mr Tsang to move—
That this House congratulates the Treasurer and Minister for State Development for the success of the
government’s First Home Plus scheme in assisting young first home buyers get into the New South
Wales property market.
(Notice given 20 October 2004)
109.
Mrs Pavey to move—
That this House:
(a)
condemns the Carr Labor Government and the local member for Monaro, Steve Whan, for their
decision to strip funding to the Snowy-Monaro Business Enterprise Centre,
(b)
notes that this withdrawl of funding has resulted in staff at the Snowy-Monaro Business
Enterprise Centre being given termination notifications,
(c)
condemns the Government for delaying the approval for a Phase 1 funding of an Agricultural
Development Partnership Program in Monaro by placing onerous burdens on the committee,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(d)
calls on the Government to immediately reinstate the original funding for the Snowy-Monaro
Business Enterprise Centre.
(Notice given 21 October 2004)
110.
Ms Rhiannon to move—
That this House:
(a)
congratulates the Government for protecting the state’s National Parks from being undermined
by long wall coal mining,
(b)
notes that long wall coal mining under the Cataract and Georges Rivers has cracked the
riverbeds and caused significant damage to the health of the rivers
(c)
notes that up to 3 megalitres a day are being lost to Sydney’s water supply, which means that
ordinary users miss out while BHP gets water at a discount rate to try and mitigate its polluting
mining activities,
(d)
calls on the Government to ban long wall coal mining underneath rivers, wetlands and flood
plains,
(e)
calls on the Government to review long wall coal mining in the Sydney water catchment area.
(Notice given 21 October 2004)
111.
Mr Gallacher to move—
That, under standing order 53, an Address be presented to the Governor requesting that Her Excellency
may be pleased to cause to be laid upon the Table of the House within 7 days of the date of passing of
this resolution, and made public without restricted access, any advice provided to any Minister or
Government agency by the Solicitor General, Crown Solicitor or the Crown Advocate relating to
Operation Auxin, together with any document which records or refers to the production of documents
as a result of this Address.
(Notice given 26 October 2004)
112.
Mrs Forsythe to move—
That this House notes:
(a)
in the recent federal election the Greens did not adopt a policy of putting One Nation last,
(b)
in the electorate of Eden Monaro the Greens fifth preference on their How to Vote card was
given to the One Nation candidate ahead of the Liberal Party and the Christian Democratic
Party, and
(c)
the Greens’ action was hypocritical given previous statements by their members.
(Notice given 26 October 2004)
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113.
Ms Cusack to move—
That this House:
1.
2.
Notes the release of the 2003-2004 Ombudsman’s annual report and in particular the references
to:
(a)
new cases of mismanagement by the Department of Juvenile Justice at Cobham, Frank
Baxter, Acmena and Yasmar detention centres,
(b)
poor record keeping by the department which continues despite changes to responsibility
requiring centre managers to be accountable, and
(c)
the department’s investigation into a child protection notification that was so flawed it
may have affected the outcome of case study 84.
Calls on the Minister for Juvenile Justice to resign so that a new Minister can resolve ongoing
and serious problems in the department.
(Notice given 26 October 2004)
114.
Ms Rhiannon to move—
That, during the present session and unless otherwise ordered:
(a)
(b)
within 28 days of the passing of this resolution, and thereafter before 30 September each year,
all members provide to the Clerk a statement of the registrable interests of which the member is
aware of:
(i)
the member’s spouse or partner,
(ii)
any children who are wholly or mainly dependent on the member for support.
statements of registrable interests of a member’s spouse or partner or any dependent children
submitted in accordance with paragraph (a) of this resolution be maintained in a register
separate from the Register of Pecuniary Interests provided for in the Constitution (Disclosures
by Members) Regulation 1983, and be:
(i)
made available only to members of the Legislative Council,
(ii)
not published or copied without an order of the House.
(c)
registrable interests of a member’s spouse or partner or any dependent children under paragraph
(a) of this resolution are those interests registrable by members under the Constitution
(Disclosures by Members) Regulation 1983,
(d)
for the purposes of paragraph (a) of this resolution:
(i)
“partner” means a person who is living with another person in a bona fide domestic
relationship,
(ii)
“children who are wholly or mainly dependent on the member for support” means
children under 16 years of age or dependent full-time students under 25 years of age.
(Notice given 26 October 2004)
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115.
Mr Pearce to move—
That this House congratulates the Howard/Anderson Liberal-National Coalition on its victory in the
2004 federal election and notes the contribution of the Hon Eric Roozendaal MLC to the Coalition’s
victory, in particular:
(a)
by ensuring Ed Husic was the ALP candidate in the seat of Greenway, won so deservedly by
Liberal Louise Markus, and
(b)
by allowing David Patch to be endorsed as the ALP candidate in Wentworth, won so
convincingly by Malcolm Turnbull, notwithstanding Mr Roozendaal’s opinion in the Gabrielle
Harrison litigation that, prior to the 1999 state election, Mr Patch had attempted to blackmail or
extort the New South Wales branch of the ALP.
(Notice given 26 October 2004)
116.
Ms Rhiannon to move—
That this House:
(a)
notes that bicycle commuting forms an integral part of the New South Wales public transport
system,
(b)
notes that in Western Australia, Victoria and Queensland people do not need a ticket to take a
bicycle on a train,
(c)
notes that passengers can currently carry prams and strollers on New South Wales trains free of
charge, which are comparable in size to a fold up bicycle,
(d)
calls on the Minister for Transport Services to follow the lead of other states and allow
passengers to carry fold up bicycles on all trains in New South Wales free of charge, and
(e)
calls on the Minister for Transport Services to offer training to transit guards to improve their
understanding and acceptance of cyclists who commute by combining bicycle and train travel.
(Notice given 26 October 2004)
117.
Ms Cusack to move—
That this House:
(a)
censures the Minister for Juvenile Justice, Dianne Beamer, for her refusal to release the Dalton
Report into Kariong Juvenile Justice Centre,
(b)
calls for the immediate public release of the Dalton Report commissioned on 17 September
2004,
(c)
calls for the immediate public release of previous reports completed by Vern Dalton into
Kariong.
(Notice given 26 October 2004)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
118.
Ms Rhiannon to move—
That this House:
(a)
notes that tax discounts on the purchase of vehicles with lower emissions of greenhouse gases,
coupled with higher tax rates for dirtier cars, have the potential to shift governments, businesses
and consumers towards buying cleaner vehicles,
(b)
notes that such schemes in Britain, Germany, The Netherlands and other European countries
have resulted in a major shift in demand towards vehicles with lower carbon dioxide emissions,
(c)
notes that in November 2001, the Government proposed introducing a variable rate of stamp
duty on new vehicle purchases, and a “star rating” system for new cars, based on their emission
levels,
(d)
condemns the Government’s long delay in implementing this reform as another example of its
failure to add substance to Premier Carr’s empty rhetoric on greenhouse gas emissions and
global warming,
(e)
calls on the Government to implement this long-delayed reform as soon as possible, and
(f)
urges the Government to also introduce further incentives for the purchase of petrol-electric
hybrids, and add further tax or registration fee disincentives to the purchase and ownership of 4
wheel drives and other polluting vehicles.
(Notice given 26 October 2004)
119.
Mr Breen to move—
1.
2.
That, under standing order 53, an Address be presented to the Governor requesting that Her
Excellency may be pleased to cause to be laid upon the table of the House within 14 days of the
date of passing of this resolution, and made public without restricted access, the following
documents relating to the police investigation into the murder of the late John Newman and the
trial of Phuong Ngo:
(a)
the full police brief of evidence for the trial of Phuong Ngo,
(b)
the transcripts of all court hearings for the murder of John Newman by Phuong Ngo,
(c)
all records of police interviews with Phuong Ngo, John Della Bosca, Graham
Richardson, Reba Meagher, Joe Tripodi and Mario Falconi in relation to the murder of
John Newman,
(d)
any document which records or refers to the production of documents as a result of this
Address.
That, under standing order 53, an Address be presented to the Governor requesting that Her
Excellency may be pleased to cause to be laid upon the table of the House within 14 days of the
date of passing of this resolution, and made available only to members of the Legislative
Council and not published or copied without an order of the House, the following documents
relating to the police investigation into the murder of the late John Newman and the trial of
Phuong Ngo:
(a)
all drug trafficking reports which refer to Phuong Ngo held by Cabramatta Police or
NSW Police Service,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(b)
any document which records or refers to the production of documents as a result of this
Address.
(Notice given 27 October 2004)
120.
Ms Rhiannon to move—
That this House:
(a)
notes that the Roads and Traffic Authority has again demonstrated that it is intent on building
motorways in competition with mass public transport systems, following the announcement this
week by the Minister for Roads that that light rail in Sydney “is little more than a pipe dream”,
(b)
notes that many cities of comparable size and scale to Sydney have abandoned their bus and
motorway programs and instead have successfully expanded fast and reliable light rail systems,
(c)
recognises that the current problems with Sydney’s light rail system result form poor planning
and a lack of a robust sustainable transport vision for Sydney, and do not result from a lack of
patronage,
(d)
urges the Minister for Roads to follow the example of other cities and support the expansion of a
higher capacity light rail system in Sydney.
(Notice given 28 October 2004)
121.
Mr Gallacher to move—
1.
That this House notes:
(a)
the appointment of the Honourable Michael Costa MLC as Minister for Transport
Services on 2 April 2003,
(b)
the Minister for Transport Services’ comments on Radio 2UE on 8 April 2003, “You can
hold me responsible, not so much for problems because problems arise in any
organisation, you can hold me responsible for not dealing with the problems and trying to
find solutions.”,
(c)
the Minister for Transport Services’ comments on 31 July 2003 that “I lay fully the
blame for these problems at the feet of management and the board.” “I’ve said all along,
this is not an issue for casting blame. The people that are responsible for the culture of
organisations are the appointed CEOs and the boards.” And “The Government has the
clear responsibility and we’re taking that responsibility by making the changes that are
required”,
(d)
that more than 15 months later the Minister for Transport Service told Radio 2GB on 9
November 2004 that, “The management’s responsible for the failings in the rail system,
not the workforce.” And “Management’s responsible for the lack of driver numbers…”
(e)
the decision by the Minister for Transport Services to bribe CityRail drivers into doing
additional overtime by offering them $400 every 28 days in return for doing 3 overtime
shifts, in addition to their normal overtime penalty payments,
(f)
the decision by the Minister for Transport Services to offer CityRail staff a $36 million
bribe in the form of backdating a 4% pay rise for each of 3 years to April this year, in an
attempt to avoid industrial action,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
2.
3.
(g)
the Minister for Transport Services’ concession on Radio 2UE on 5 February 2004 that
the current rail timetable is a fairytale, in the following comments: Mike Carlton: “so the
timetable’s a fairytale?” Michael Costa: “the timetable is.”,
(h)
the Minister for Transport Services’ concession on Radio 2UE on 3 November 2004 that
“the timetable is by and large a fiction in sections”,
(i)
the continual failure of the State Government to get CityRail trains to run on-time,
despite slashing in excess of 1600 services each week on 24 July 2004, that was to result
in approximately 40 extra drivers being available to cover unexpected weekday driver
illness,
(j)
that a new timetable will not be introduced until September next year,
(k)
between 2000 and 2004 more than 12 recruitment campaigns for additional train drivers
resulted in a net increase of only two drivers,
(l)
the State Government blaming CityRail drivers for the high number of trains not running
on-time and being cancelled and then this week rewarding those same drivers by
backdating pay increases.
That this House:
(a)
is of the opinion that this House is fully entitled to scrutinise and demand accountability
for all aspects of executive Government behaviour,
(b)
notes with great concern the Government’s apparent belief that it is not accountable to
the people of New South Wales through this House of the Parliament, and
(c)
affirms the need to protect the high standing of this House of Parliament and to ensure
that it may discharge its duties and responsibilities with the confidence of the community
which elects its Members.
That, for the above reasons, this House censures the Honourable Michael Costa MLC, Minister
for Transport Services and Minister for the Hunter, for his continuing failure to remain
accountable to the community for the efficient management and delivery of safe and effective
transport solutions for the people of New South Wales.
(Notice given 9 November 2004)
122.
Mr Breen to move—
That, under standing order 52, there be laid upon the table of the House within 7 days of the date of
passing of this resolution the following documents in the possession, custody or control of the Minister
for Justice or the Department of Justice:
(a)
the report prepared for the Minister for Justice by Mr Vernon Dalton regarding the structure,
membership and procedures of the Parole Board, referred to by the Legislation Review
Committee on page 4 of its Digest No. 15 dated 8 November 2004, and
(b)
any document which records or refers to the production of documents as a result of this order of
this House.
(Notice given 9 November 2004)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
123.
Ms Hale to move—
That leave be given to bring in a Bill for an Act to amend the Local Government Act 1993 to require a
two-thirds majority vote in each House of Parliament to dismiss a council, and to limit the period for
which a council administrator may be appointed.
(Local Government Amendment (Restoration of Democratic Elections) Bill)
(Notice given 9 November 2004)
124.
Ms Rhiannon to move—
That this House:
(a)
notes that there has been a gross lack of due process by the Department of Infrastructure,
Planning and Natural Resources (DIPNR) for the more than five year delay in completing the
flood study for the Centennial Coal Mandalong mine,
(b)
notes that despite this delay, Centennial Coal has advised the stock exchange that they will
commence mining in the Mandalong mine in January 2005,
(c)
notes that the Government has scheduled the release of the long awaited flood study for the end
of 2004,
(d)
notes that affected landholders in the Mandalong Valley cannot reasonably give consideration to
the flood study and seek external professional advice over the end of year holiday period, given
Centennial Coal’s assertions that mining will commence in early 2005,
(e)
notes that DIPNR promised the landholders in the Mandalong Valley that all 112 development
consent conditions that it placed on the Mandalong mine would be strictly adhered to before the
mine was approved,
(f)
notes that Centennial Coal is being challenged in court to determine whether they have
responsibly complied with some of the development consent conditions,
(g)
calls on the Government to immediately halt the approval process for the Centennial Mandalong
mine until:
(h)
(i)
an investigation into the delay in completing the flood study is conducted,
(ii)
an independent audit of the status of the 112 conditions of consent that Centennial Coal
must meet before mining approval can be granted is conducted, and
calls on the Government to outline the period of time that residents will be given to respond to
the Mandalong Valley flood study once it is completed and made available to the public.
(Notice given 9 November 2004)
125.
Mr Cohen to move—
1.
That this House notes that:
(a)
Liddell and Bayswater Power Stations generate almost half of the electricity
requirements for New South Wales,
(b)
two power stations are currently in a state of partial shutdown due to urgent and essential
maintenance requirements, and
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(c)
2.
3.
4.
if just one of these power stations is not returned to full capacity, then there will be
power shortages resulting in “brown outs” and “black outs” throughout New South
Wales.
That this House notes that:
(a)
Liddell and Bayswater Power Stations will not be returned to full power generation at the
expected dates and that return to full service is expected to be delayed by at least one
month,
(b)
both Liddell and Bayswater Power Stations contain asbestos which to date has not been
accounted for on their site Asbestos Registers, in accordance with WorkCover
requirements, and
(c)
the unions representing the workers at these power stations have requested Macquarie
Generation, which operates both power stations to conduct a full asbestos audit of both
sites to enable urgent and essential maintenance work to be completed without threat to
the workers of exposure to deadly asbestos fibres.
That this House notes that:
(a)
on 13 and 14 October, while conducting maintenance work, no fewer that 15 workers
were exposed to deadly asbestos fibres while working at Liddell Power Station,
(b)
a supervisor from Hunter Industrial Services (HIS) had his own son clean up the asbestos
with his bare hands and removed the deadly dust in a plastic bag, before ordering the
workers to return to the contaminated site,
(c)
upon inspection of the site, WorkCover issued Notices and Fines, and
(d)
the workers, who are members of the Australian Manufacturing Workers’ Union, have
refused to return to the contaminated site, or areas suspected of contamination until an
audit is completed that ensures they can continue their work without threat of exposure to
deadly asbestos fibres.
That this House notes that:
(a)
in October this year, the media reported a settlement in excess of $1 million to a worker
who believed he had been exposed to asbestos, despite the absence of medical symptoms,
and
(b)
HIS told the Australian Industrial Relations Commission (AIRC) that the cost of this
dispute so far had reached in excess of $1.4 million, an amount which is rising every day
that the dispute continues,
(c)
to date Macquarie Generation has failed to conduct a proper and thorough asbestos audit
of either site,
(d)
to date Macquarie Generation is storing asbestos waste in unsealed drums in a public
area, near administration offices and a public car park and public entrance to the Liddell
Power Station,
(e)
the lack of appropriate storage is a public and environmental health hazard, risking
further exposure to workers and the public at or near the site,
(f)
the lack of observance or correct asbestos storage makes Macquarie Generation
potentially liable to expensive compensation litigation by both workers at the site and the
public who may be exposed,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(g)
5.
the lack of observance of correct asbestos storage poses a serious environmental threat to
the delicate ecosystem on the State’s Central Coast.
That this House calls on the Premier and Minister for Industrial Relations to intervene and take
personal charge of this dispute to ensure that no further workers are exposed to deadly asbestos
at State-owned power stations and that there is no further threat to the environment as a result of
reckless negligence by the State’s power generation company, Macquarie Generation.
(Notice given 11 November 2004)
126.
Dr Chesterfield-Evans to move—
That General Purpose Standing Committee No. 1 inquire into and report on the closure of Beacon Hill
High School, and in particular:
(a)
whether the notification, consultation and other procedures for closure of government schools
set down in section 28 of the Education Act 1990 were followed, and
(b)
the likely impact on the local community.
(Notice given 11 November 2004)
127.
Ms Rhiannon to move—
That, under standing order 52, there be laid upon the table of the House within 14 days of the date of
passing of this resolution the following documents in the possession, custody or control of the Minister
for Infrastructure and Planning and Minister for Natural Resources, the Department of Infrastructure,
Planning and Natural Resources, the Minister for Mineral Resources or the Department of Mineral
Resources, relating to the Centennial Coal Mandalong Mine project:
(a)
(b)
(c)
all documents provided by Centennial Coal since July 2002 regarding the revision of the
Centennial Coal Mandalong Mine plan and Environmental Impact Study, including:
(i)
any legal opinion sought by Centennial Coal,
(ii)
any legal opinion sought by the Department of Infrastructure, Planning and Natural
Resources,
(iii)
any technical documentation relating to Condition No. 112 of the development consent
approval,
all documents provided by Centennial Coal since July 2002 regarding the Property Subsidence
Management Plan application for approval for secondary workings in the Mandalong Mine,
including:
(i)
all hydrological and subsidence data and reports,
(ii)
any document which refers to post mining subsidence in the Mandalong Valley, and
any document which records or refers to the production of documents as a result of this order of
this House.
(Notice given 16 November 2004)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
128.
Ms Rhiannon to move—
That this House:
(a)
notes the plans by Sydney Gas to explore for gas in the Dooralong and Yarramalong valleys in
Wyong Shire, with a view to a major extraction project,
(b)
notes the unquantified danger of water pollution involved in this project, which is planned to
take place in the flood-prone water catchment area for several major Central Coast towns,
including Gosford and Wyong,
(c)
notes the air and noise pollution risks involved in this project, which is planned to take place in
a residential area with high natural conservation values,
(d)
supports the community in the affected area in its opposition to the proposed project,
(e)
calls on the Government to prevent gas exploration and extraction in these areas,
(f)
calls on the Government to amend the Mining Act to ensure that gas mining cannot take place
on residential land and is subject to a more strict and independent compensation and arbitration
regime.
(Notice given 18 November 2004)
129.
Mr Gallacher to move—
That this House requests the Minister for Roads to revoke the order made under sections 46 and 54 of
the Roads Act 1993, dedicating land in the Ashfield Municipal Council area as a public road and
declaring Dobroyd Parade at Dobroyd Point and Haberfield as a main road, notice of which was
published in Government Gazette No. 186, dated 22 November 2004, page 8547.
(Notice given 7 December 2004)
130.
Mr Jenkins to move—
1.
That this House notes that the Minister for Transport Services, representing the Minister for
Roads, has not yet provided the statistics promised in an answer to a question without notice
from the Hon John Jenkins MLC of 26 October 2004 relating to four-wheel drive vehicles.
2.
That, under standing order 52 there be laid upon the table of the House within 14 days of the
date of passing of this resolution:
(a)
(b)
a return showing, for the years 2002/03 and 2003/04:
(i)
number of off-road passenger vehicles in New South Wales by make, model and
postcode,
(ii)
the accident rate by vehicle category on sealed and unsealed roads,
(iii)
number of pedestrian accidents by vehicle category,
(iv)
single vehicle accidents in New South Wales involving off-road passenger
vehicles by make, model and location and whether a death occurred, and
any document which records or refers to the production of documents as a result of this
order of the House.
(Notice given 7 December 2004)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
131.
Ms Rhiannon to move—
1.
2.
That this House supports the call of the Transport Workers Union (TWU) for:
(a)
the introduction of an enforceable safety code of practice for the NSW transport industry,
including comprehensive auditing, “chain of responsibility”, and industry occupational
health & safety training as standard provisions,
(b)
the amendment of the NSW Occupational Health & Safety Act to:
(i)
allow for the introduction of new transport fatigue and “chain of responsibility”
provisions, making every link in the transport supply chain responsible for their
impact on driver fatigue/safety practices, and
(ii)
recognise the control and responsibility industry clients have for the price paid for
the transportation of their goods and the scheduled times within which these
goods are to be transported,
(c)
the abolition of the existing log book system in favour of a safe driving plan model
involving each participant in the transport supply chain and recognition of safe rates of
work,
(d)
appropriate Workcover funding to allow for “first instance” investigations by Workcover
of all road transport fatalities, serious injuries and serious driving offences (including
occupational substance use in particular), to identify additional parties in the transport
supply chain with potential responsibility,
(e)
the introduction of a compulsory licensing system for all NSW transport industry
operators.
That this House encourages its Members to support the TWU’s campaign by joining the 24-hour
abstention from all alcohol and drugs on the weekend of 11 and 12 December 2004.
(Notice given 9 December 2004)
132.
Ms Burnswoods to move—
That this House congratulates the Government on its decision to return Port Macquarie Base Hospital
to public ownership, which will bring significant advantages to the health services in the region.
(Notice given 22 February 2005)
133.
Mr Colless to move—
That this House:
(a)
notes the following resolution of the Labor Council of NSW at the meeting of the 21 st March
2002:
“6. From the Australian Workers' Union, NSW Branch: - seeking the support of Labor
Council in calling for an urgent motion to be placed on the agenda at ALP State
Conference. The Union said there was a probability that the Pilliga State Forest would
be re-classified as a national park and that if re-classified it could result in the loss of
over 250 direct jobs. The Union said in addition to the loss of jobs it would decimate
the towns of Baradine and Gwabegar, which are among the most socially and
economically disadvantaged in New South Wales.
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
Com. J. Robertson moved the Executive Recommendation: "That the correspondence be received and in the first instance Labor Council seek an
urgent meeting with the Minister for Forestry about the proposal to re-classify the
Pilliga State Forest as national park and that a copy of the correspondence be
forwarded to the ALP".
Com. R. Collison seconded and spoke to the resolution. CARRIED”
(b)
acknowledges that the Pilliga State Forest referred to in the Labor Council resolution is wholly
located within the Brigalow Belt South Bioregion,
(c)
notes that the confusion over the future of the Brigalow Belt South Bioregion has resulted in
the withdrawal of regional investment valued at over $40 million and the loss of many jobs in
the timber industry,
(d)
acknowledges the Brigalow Belt South Bioregion management option prepared by the
Brigalow Region United Stakeholders (BRUS) group satisfies the social, economic and
environmental needs of the Bioregion,
(e)
calls on the Minister for Primary Industries to immediately release the final Sinclair
Report and approve the BRUS management option for the Brigalow Belt South
Bioregion.
(Notice given 22 February 2005)
134.
Ms Hale to move—
That this House:
(a)
expresses dismay at the circumstances and treatment of Australian citizen Cornelia Rau who
was detained in the Queensland correctional system and wrongfully detained in the
commonwealth immigration detention system while suffering from a mental illness,
(b)
notes that this case illustrates the deplorable way in which mental health is managed, with
mental health patients being denied access to adequate medical care, and instead funnelled into
the prison system,
(c)
condemns the Federal Government for the appalling condition that exists in Australia’s
immigration detention centers, which create and exacerbate mental illness among detainees,
(d)
notes that the State Government has spent less money per capita on mental health than any
other state despite modest increases in last year's budget, and has overseen substandard mental
health care in New South Wales,
(e)
calls on the State Government to dramatically increase funding for mental health and
implement the recommendations of the Legislative Council Select Committee on Mental
Health,
(f)
calls on the Federal Government to immediately initiate a full public inquiry with judicial
powers to examine how Ms Rau came to be incarcerated, her treatment while in detention, the
impact of detention on the mental health of Ms Rau, and the full extend of mental illness
among all detainees in Australia’s immigration detention centres.
(Notice given 22 February 2005)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
135.
Ms Rhiannon to move—
That leave be given to bring in a Bill for an Act to amend the Parliamentary Contributory
Superannuation Act 1971 and the Parliamentary Remuneration Act 1989 to revise the superannuation
arrangements for new members of Parliament, to limit increases in parliamentary remuneration, to
make the determination of parliamentary remuneration or allowances more transparent and
accountable; and for other purposes.
(Parliamentary Superannuation and Remuneration Legislation Amendment Bill)
(Notice given 22 February 2005)
136.
Mr Breen to move—
That leave be given to bring in a Bill for an Act to respect, protect and promote human rights.
(Human Rights Bill)
(Notice given 22 February 2005)
137.
Ms Rhiannon to move—
That this House:
(a)
notes that New South Wales carries a low level of government debt, partly as a result of the
privatisation of New South Wales’ public assets,
(b)
notes that prominent organisations such as the New South Wales Chamber of Commerce, the
Business Council of Australia and the New South Wales Council of Social Services, argue that
low levels of public debt and New South Wales’ crumbling infrastructure impel the Government
to borrow to invest in public infrastructure,
(c)
notes that credit rating agencies Moodys and Standard and Poor’s claim that the use of public
debt to fund infrastructure is unlikely to affect New South Wales’ credit rating,
(d)
notes that the Reserve Bank of Australia’s February “Statement on Monetary Policy” shows that
the poor state of transport infrastructure is a major hurdle to improving the economy’s
productive capacity.
(e)
calls on the Treasurer, the Hon Andrew Refshauge MP, to:
(i)
desist from former Treasurer Michael Egan’s irrational obsession with credit ratings at
the expense of public infrastructure,
(ii)
use public debt that can be adequately serviced to finance much-needed public
infrastructure,
(iii)
recognise that not doing so will negatively affect New South Wales’ productive capacity,
(iv)
not use further privatisations as a financial expedient to reduce public debt.
(Notice given 22 February 2005)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
138.
Mr Gallacher to move—
That this House notes the Minutes of the Labor Council of New South Wales from 4 December 2004,
including Executive Business Correspondence Part 5, as follows:
“5. From the Rail Tram and Bus Union, NSW Branch: - advising Labor Council that the
Labor Backbenchers must be rejoicing in the Minister's announcement at page 4 in the Daily
Telegraph article “its not just my job. The buck stops with the Minister and the Government”.
The Union said how comforting for all the NSW Labor Government Members of Parliament
to know that their future was now in the hands of a September 2005 timetable.
The Union said they were extremely concerned that the few remaining trade union friendly
Labor MP’s might be caught out in a situation where they may lose their jobs.
The Union said in a spirit of goodwill and cooperation they put forward the following
suggestions: * On time running: so long as a train arrives in the 24 hour period of commencement of
journey - it is on time.
* If it is too hot, too cold, too wet, too windy, trees on railway lines or freak hail an snow
storms delay trains, call on our church leaders to explain these Acts of God.
* Next time the Opposition Transport Spokesperson criticises the rail system send him to
Murwillumbah and tell him to wait for the next train.
* Improve revenue: set up swear boxes at all railway stations and have commuters deposit
$1.00 coin for each time they swear about the service. Estimated revenue $100 million per
annum.
* Rotate on a daily basis the Minister for Transport Services – Don’t blame me - It was the
previous Minister.”
(Notice given 23 February 2005)
139.
Mr Lynn to move—
That in recognition of the year of the 90 th anniversary of the Australian landing at Anzac Cove in
Gallipoli and the 60th anniversary of the end of the Pacific War, this House calls on the President to
acknowledge the sacrifice made by Australian servicemen ands women who gave their lives in defence
of the freedom we enjoy today after the prayer at the beginning of each sitting week in the following
terms:
“I acknowledge the supreme sacrifice made by the servicemen and women who gave their lives on
active service in defence of the freedom we enjoy in New South Wales today.”
(Notice given 24 February 2005)
140.
Mr Breen to move—
That leave be given to bring in a Bill for an Act to amend the Anti-Discrimination Act 1977 to promote
religious tolerance; and for other purposes.
(Anti-Discrimination Amendment (Religious Tolerance) Bill)
(Notice given 24 February 2005)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
141.
Mr Pearce to move—
That this House condemns the Carr Labor Government for its mismanagement in failing to meet Bob
Carr’s election commitment to limit consultancy costs to $50 million per annum and for its deceit in its
attempts to cover-up the true costs of consultancies by the engagement of so-called “contractors”.
(Notice given 24 February 2005)
142.
Revd Mr Nile to move—
That leave be given to bring in a Bill for an Act to repeal amendments made by the Anti-Discrimination
(Homosexual Vilification) Amendment Act 1993 that make homosexual vilification unlawful.
(Anti-Discrimination Amendment (Homosexual Vilification Repeal) Bill
(Notice given 1 March 2005)
143.
Ms Rhiannon to move—
That this House calls on the Government to amend the Constitution (Disclosures by Members)
Regulation 1983 to:
(a)
require that the Register of Disclosures by Members of the Legislative Council, tabled in the
House each year under clause 21, be published on the Parliament’s website,
(b)
require that the street address of the principal place of residence of a member and, in the case of
a member whose principal place of residence is outside the Sydney metropolitan area, the street
address of any residence in Sydney, not be disclosed in the Register of Disclosures by Members
of the Legislative Council tabled in the House each year under clause 21, published on the
Parliament’s website, or open to public inspection under clause 20.
(Notice given 1 March 2005)
144.
Ms Rhiannon to move—
That, under standing order 52, there be laid upon the table of the House within 14 days of the date of
passing of this resolution all documents in the possession, custody or control of the Minister for
Infrastructure, Planning and Natural Resources and the Minister Assisting the Minister for
Infrastructure and Planning (Planning Administration) and the Department of Infrastructure, Planning
and Natural Resources (DIPNR), in relation all licences issued to Sydney Gas Ltd in the last five years,
including:
(a)
any briefing documents from DIPNR to the Minister for Infrastructure, Planning and Natural
Resources or the Minister Assisting the Minister for Infrastructure and Planning (Planning
Administration),
(b)
any correspondence, including faxes and emails, between DIPNR and the Minister for
Infrastructure, Planning and Natural Resources or the Minister Assisting the Minister for
Infrastructure and Planning (Planning Administration), and
(c)
any document which records or refers to the production of documents as a result of this order of
the House.
(Notice given 1 March 2005)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
145.
Mr Gay to move—
That this House notes comments made in the editorial in “The Land” on 3 March 2005, including:
(a)
Minister for Lands Tony Kelly “has turned out to be a fraud”,
(b)
The Minister, over the past few years “has made a big effort to get up the nose of just about
everyone in rural NSW”,
(c)
Minister Kelly “has probably become as unpopular among country people as smug, city-centric
Premier Bob Carr”,
(d)
“It was Kelly’s gang from the local government department which hatched an agenda to
forcefully merge numerous local councils across rural NSW”,
(e)
As a result of the local council amalgamations orchestrated by Mr Kelly “many have lost their
democratic voice and management of their own local affairs”,
(f)
Now “Mr Kelly has come up with a new scam to make extra money from the Crown land road
enclosures running through private properties”,
(g)
“It has been a pretty cynical ploy by Mr Kelly to make farmers pay big money to buy country
they have already managed for generations”,
(h)
“It is also hard to imagine any of the windfall gained by the Department of Lands being
diverted back into spending for projects in the bush”,
(i)
“Its not hard to get the feeling country areas are paying the cost of the cocky Carr
administration’s money management policies which aren’t looking nearly as prudent as it likes
to suggest”, and
(j)
“Country rail lines appear to be on a deliberate, slow starvation diet, while under-funded rural
roads cop a pounding. Tony Kelly hasn't been able to help much on that issue either”.
(Notice given 3 March 2005)
146.
Mrs Pavey to move—
1.
That this House notes:
(a)
the Auditor-General’s report into the Department of Housing’s management of public
housing maintenance in NSW, which shows the Carr Government’s poor record on
maintenance,
(b)
that the Department of Housing’s General Upgrade Program (formerly the Accelerated
Improvement Program designed to address the maintenance backlog) is four years behind
schedule and only 42 per cent complete,
(c)
that the Department of Housing’s estimated backlog of maintenance is a massive $650
million, and
(d)
that 65 per cent of Department of Housing properties are in a state of disrepair, including
the Seiffert Centre located in Queanbeyan where the Department of Housing only
replaced the carpet nosing in response to pressure by the local media, despite numerous
letters and complaints made to the Department of Housing by concerned residents.
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
2.
That this House calls on the Government and the Minister for Housing to immediately overhaul
the department’s failing maintenance program and ensure that the $650 million in maintenance
backlog is urgently addressed.
(Notice given 3 March 2005)
147.
Mr Pearce to move—
That this House:
(a)
notes that:
(i)
the official interest rate quoted by the Reserve Bank 15 years ago on 2 March 1990,
under the Hawke Labor government was 16.27%,
(ii)
the official interest rate under the Hawke Labor Government had been in excess of 16%
since February 1989 and had reached highs of over 18% in 1989,
(iii)
under the Hawke/Keating Federal Labor governments, unemployment in Australia rose
by 379,000 between June 1990 and September 1993, peaking at 11% (or 11.2% in
seasonally adjusted terms),
(iv)
under the Hawke/Keating Labor governments there was no strategy to contain inflation,
and
(v)
the Howard/Anderson Liberal/National coalition government has delivered unprecedented prosperity by its policies including, setting an inflation target for the Reserve
Bank to manage, industrial relations reform, a new tax system which, amongst other
achievements has provided work incentives, and policies for increased competition and
reduced trade barriers,
(b)
congratulates the Howard/Anderson Liberal/National coalition government on the remarkable
work done by the coalition to reduce interest rates and maintain affordable interest rates in its
term in office, and
(c)
believes that a Liberal/National coalition government can always be trusted to deliver lower
interest rates than Labor.
(Notice given 3 March 2005)
148.
Ms Cusack to move—
That, under standing order 52, there be laid upon the table of the House within 14 days of the date of
passing of this resolution the following documents in the possession, custody or control of the Minister
for Education and Training or the Department of Education and Training:
1.
Any report or briefing notes prepared by the department relating to the number of students
absent from school on 20 and 21 December 2004.
2.
A return showing:
(a)
the number of students absent from school on 20 December 2004 for each school region
by:
(i)
(ii)
primary students,
secondary students, and
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(b)
the number of students absent from school on 21 December 2004 for each school region
by:
(i)
(ii)
3.
primary students,
secondary students.
Any document which records or refers to the production of documents as a result of this order of
the House.
(Notice given 22 March 2005)
149.
Brigalow Belt South Bioregion: resumption of the adjourned debate (23 March 2005) of the question
on the motion of Mr Colless:
That this House:
(a)
acknowledges the Brigalow Belt South Bioregion management option prepared by the Brigalow
Region United Stakeholders (BRUS) group satisfies the social, economic and environmental
needs of the Bioregion, and
(b)
calls on the Government to immediately release the final Sinclair Report and approve the BRUS
management option for the Brigalow Belt South Bioregion—Mr Macdonald. (20 minutes)
Debate—2 hours 29 minutes remaining.
150.
Mr Cohen to move—
That, under standing order 52, there be laid upon the table of the House within 14 days of the date of
passing of this resolution the following documents in the possession, custody or control of the Minister
for Energy and Utilities, Transgrid, the Minister for Infrastructure and Planning, the Department of
Infrastructure, Planning and Natural Resources, the Minister for Mineral Resources or the Department
of Mineral Resources:
(a)
all documents created since January 2004 relating to the expansion of Mt Piper Power Station,
(b)
all documents created since January 2003 relating to a proposed new coal-fired power station at
Ulan,
(c)
all drafting notes and the final report of the Demand Management Fund Task Force, and
(d)
any document which records or refers to the production of documents as a result of this order of
the House.
(Notice given 22 March 2005)
151.
Mr Breen to move—
That the Privileges Committee inquire into and report on whether the search warrant used in the search
and seizure of documents from the office of the Honourable Peter Breen, MLC, on 3 October 2003,
was properly obtained, and in particular:
(a)
whether the information used by the Independent Commission Against Corruption in securing
the search warrant was reliable,
(b)
whether the information provided in the transcripts of interview, referred to in clause 2(b)(ix) of
the application for the search warrant, is consistent with the assertions in the search warrant
application,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(c)
whether the officers of the Independent Commission Against Corruption knowingly and/or
deliberately falsified or misconstrued the evidence presented to the justice in obtaining the
warrant,
(d)
whether the justice issuing the search warrant was aware of or briefed in relation to
parliamentary privilege as it applied in this matter, and
(e)
any other matter that the committee considers relevant.
(Notice given 22 March 2005)
152.
Ms Hale to move—
1.
2.
That this House calls on the Government:
(a)
to adopt the broad recommendations related to public housing redevelopment contained
in the study ‘Leaving Minto: A Study of the Social and Economic Impacts of Public
Housing Estate Redevelopment’,
(b)
to guarantee there will be no net loss of public housing arising from any redevelopment
of public housing in New South Wales,
(c)
to ensure that both internal and external processes relating to the replacement of any
public housing stock are fully transparent and publicly accountable,
(d)
not to enter into any public/private partnerships to redevelop public housing where the
taxpayer carries the risk of loss of profit for the developer or where public housing
stock is required to be sold off to pay for the redevelopment,
(e)
to investigate public sector borrowing to fund new public housing infrastructure,
(f)
to ensure that an Environmental Impact Statement is conducted in relation to all estates
targeted for significant redevelopment,
(g)
to investigate augmentation of public housing through a range of approaches including
dramatically increasing public housing stock to provide rental accommodation to
tenants who may be able to pay higher rents and thereby cross-subsidise low rent paid
by low income tenants,
(h)
to ensure that each redevelopment of a public housing estate also comprises a
proportion of ‘affordable housing stock’ (eg. for low income workers), either rented
through a Community Housing Association or for affordable purchase with contractual
restraints on resale, and
(i)
to ensure that a detailed Social Impact Assessment (SIA) is conducted as part of
planning any public housing renewal and that the SIA informs the final decision as to
the nature and extent of renewal.
That this House further calls on the Government to ensure that any SIA process includes:
(a)
a recognition that public housing estates are not homogenous, and are made up of
smaller internal sub-community groupings, and that any renewal project must give
these smaller groups a say in the decisions that affect them,
(b)
the principles of Triple Bottom Line accounting and total community cost – ie the full
costs to the community in economic, social and environmental terms,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(c)
a recognition that effective community renewal is a gradual process, and
(d)
a recognition of the important role that all communities perform in terms of providing
valuable social and economic support to fellow community members.
(Notice given 22 March 2005)
153.
Ms Fazio to move—
That this House:
(a)
notes the death of Mr Peter Benenson who, in 1961, founded the human rights organisation
Amnesty International,
(b)
expresses grave concerns that abuses of human rights to physical and mental integrity, freedom
of conscience and expression and freedom from discrimination are still occurring, and
(c)
reaffirms the commitment of this parliament to maintaining and upholding international human
rights standards for every person on earth.
(Notice given 23 March 2005)
154.
Mrs Pavey to move—
That this House:
(a)
notes that the Member for Monaro, Steve Whan MP, did not attend the public meeting in
relation to restriction on rural land in Cooma on 7 March 2005 attended by approximately 100
residents and, therefore, cannot quote the comments made at the meeting by the Honourable
Melinda Pavey MLC,
(b)
notes that The Nationals respect the principle of Freehold title and the rights of landholders as
opposed to Labor’s socialist agenda, and
(c)
notes that the Honourable Melinda Pavey MLC encouraged residents at the meeting to lobby
both the Cooma-Monaro Council and the absent Labor Member to have their voices heard and is
committed to work with them to resolve the restrictions on the use of their land.
(Notice given 23 March 2005)
155.
Mr Colless to move—
That this House:
(a)
congratulates the Government for belatedly agreeing to the Federal Government’s National
Water Initiative,
(b)
notes the actual average annual flow of the Darling River at Bourke, from 1972 to 2005, is 3,300
gigalitres per annum,
(c)
acknowledges that the Barwon Darling River between Mungindi and Menindee is a nonregulated river and that irrigation extractions are only allowed when the river flow reaches
certain thresholds, for example 1250 megalitres per day at Bourke,
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(d)
notes the cap on irrigation extractions on the Barwon Darling River between Mungindi and
Menindee of 173 gigalitres per annum is the average extraction over the last seven years, four of
which have been drought years and for two of which there were only minimal extractions due to
very low river levels,
(e)
notes that the total metered extraction of irrigation water from the Barwon Darling River during
the 2003-2004 season was 267 gigalitres,
(f)
notes that current diversions on the Barwon Darling River system accounts for an average
reduction in natural flows of less than 5 percent,
(g)
notes that the maximum licensed diversion limit for the Barwon Darling River between
Mungindi and Menindee is 523 gigalitres per annum,
(h)
notes that 173 gigalitres is 33 percent of 523 gigalitres, and that businesses with approvals to
extract irrigation water from the Barwon Darling River will only have access to 33 percent of
their approval limits under DIPNR’s current cap management plan, and further notes that this
will cause massive economic and social disruption to irrigation dependent communities along
the Barwon Darling River system,
(i)
notes that the actual diversion data has been understated by at least 25 percent and calls on the
Government to begin negotiations for the cap at 216 gigalitres per annum,
(j)
notes that the irrigation community on the Barwon Darling River between Mungindi and
Menindee was the only major inland irrigation community not to have access to temporary
trading of water prior to the cap year of 1993-1994, and calls on the Government to correct this
inequity by further increasing the cap to 265 gigalitres per annum,
(k)
calls on the Government to provide individual businesses and communities with appropriate
structural adjustment where the imposition of this cap has resulted in economic and social
hardship,
(l)
calls on the Government to immediately lift the moratorium on irrigation works on the Barwon
Darling floodplain, to allow essential water saving works, including but not restricted to,
deepening, compaction and lining of storage dams, to proceed,
(m)
notes that average evaporation from Menindee Lakes is 760 gigalitres per annum, and
(n)
calls on the Government to:
(i)
immediately complete the environmental impact statement for the preferred option of the
Ecological Sustainable Development (ESD) Project of the Menindee Lakes,
(ii)
include in the 2005-2006 budget sufficient funding to allow the Menindee Lakes
improvement works, including the regulator between Lakes Menindee and Cawndilla and
associated works as described in the ESD Report, to be constructed, thus effecting a
minimum average water saving of 200 gigalitres per annum in evaporation losses, and
(iii)
undertake a comprehensive Rural Communities Impact Statement before any future caps
or moratoriums are applied to the management of natural resources in New South Wales.
(Notice given 23 March 2005)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
156.
Mr Gay to move—
1.
2.
That this House notes:
(a)
that it was reported in the Sun Herald on 3 April 2005 that Craig Knowles was charged
with drink-driving,
(b)
that in an AAP report it states “according to a blood alcohol estimating software device, a
man Mr Knowles’ size – estimated at 85 kg – would have to have drunk six standard
drinks over the time frame to record a 0.06 reading and seven to reach 0.085”,
(c)
that in the Daily Telegraph of 4 April 2005 it was stated that Craig Knowles “allegedly
told police who stopped him he had consumed three glasses of red wine at the
Wentworth Hotel between 7pm and 9pm on Friday.”,
(d)
that in the Daily Telegraph of 5 April 2005, it was stated that:
(i)
Craig Knowles then returned to his ministerial office at Governor Macquarie
Tower with a small party before leaving about 10.00 pm,
(ii)
“just after 10.30pm, after withdrawing cash at the building’s ATM, Mr Knowles
drives off in government car with former press secretary Daphne Sider.”,
(iii)
at 11.00 pm, Craig Knowles had dinner in Newtown with Ms Sider, whom he
dropped off at her Marrickville home before heading to his southwest Sydney
home via the M5 East,
(iv)
at 11.55 pm, Craig Knowles “records an initial blood alcohol concentration of
0.085 after being pulled over by police on M5 East at Beverly Hills. Detained in a
booze bus to await second reading.”,
(v)
at 12.24 am, Craig Knowles “records reading of 0.06. Is arrested and charged with
drink-driving and ordered to appear in Sutherland Local Court on April 21”, and
(vi)
at 1.26 am and at 1.39 am, Mr Knowles was tested a further two times recording
0.051 and 0.044 respectively and was then allowed to drive home,
(e)
that Craig Knowles’ story changed between his press conference on Saturday where he
claimed he left at 9.00 pm after having three drinks and today’s Daily Telegraph in which
his office states “it was closer to 10pm when he left” the Wentworth Hotel,
(f)
that Craig Knowles failed to reveal at his press conference on Saturday that he had driven
at 10.30 pm only half and hour after he left the Wentworth Hotel,
(g)
that if Craig Knowles recorded a blood alcohol level of 0.085 at 11.55 pm his blood
alcohol level must have been significantly higher at 10.30 pm when he drove his
ministerial car from Governor Macquarie Tower to Newtown, and
(h)
that when Craig Knowles drove at 10.30 pm it was a much more serious incident than
portrayed by him at his press conference on Saturday afternoon.
That this House calls on Craig Knowles to give a full and detailed account to the Parliament and
to the people of New South Wales of all the events of last Friday night and Saturday morning,
including how many drinks he had over the course of the entire evening.
(Notice given 5 April 2005)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
157.
Dr Wong to move—
1.
That this House condemns “sweat shops” in which people are forced to work long hours for low
wages and where conditions are unsafe, unhygienic and poorly ventilated, and where their lives
are controlled by the owner.
2.
That this House calls on the Government to:
(a)
conduct a campaign to inform workers of their rights and legal obligations within the
textile industry,
(b)
amend the Industrial Relations Act 1996, to curb the investigative powers of industrial
organisations and ensure that the citizens of New South Wales are protected by the rule
of law,
(c)
initiate an independent inquiry into the activities of the Textile, Clothing and Footwear
Union and report its findings to this House,
(d)
revoke the authority issued to officials of the Textile, Clothing and Footwear Union of
Australia and commend citizens of this state who stand up against union tactics of
bullying, threat, intimidation, thuggery and blackmail, and
(e)
amend relevant legislation to ensure that evidence obtained under legislative authority is
only used in designated tribunals, commissions and courts, and that it be an offence to
use such evidence in the ‘court of public opinion’, the media.
3.
That this House calls on the Minister for Police to investigate whether any persons have been
unlawfully detained by union officials, or threatened with imprisonment.
4.
That this House notes:
(a)
that the recent raid on the property of Mr Chung Sheng Tan and Mrs Yan Hua Deng by
the Textile, Clothing and Footwear Union was made after receiving an anonymous “tipoff” from a girl concerned about her mother’s safety, and was therefore based on
information likely to be spurious, retaliatory, and otherwise unsubstantiated,
(b)
that on Tuesday 22 February 2005, officials John Owen, David Tritton and Rajendra
Chaudhry of the Textile, Clothing and Footwear Union forced their way into the
workshop of Mr Tan and Mrs Deng at approximately 8.45 am, without prior notification
and without showing an authority to enter in breach of section 298 (3) (a) and (b), and
section 299 (2) (a) and (b) of the Industrial Relations Act 1996,
(c)
that after entering the workshop, officials called suppliers to take back all goods and
stopped all work on the premises in contravention of section 301 (1) of the Industrial
Relations Act 1996,
(d)
that union officials interrogated Mr Tan as he entered the workshop and, in breach of
section 301 (3) of the Industrial Relations Act 1996, continued to interrogate him even
though he could not understand the language he was being interrogated in,
(e)
that Mr Tan and Mrs Deng have become victims of the Union in its fight against
“employers” and the Federal Government,
(f)
that Rockdale Council inspected the workshop of Mr Tan and Mrs Deng and had
subsequently approved its usage, and that WorkCover was also satisfied with the
conditions of the workshop,
(m)
that Mrs Deng has proved, by practical demonstrations, that her hourly earning rate is
well above award wages, and
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(n)
5.
that neither Mr Tan nor Mrs Deng have been given the chance to refute allegations
against them.
That this House expresses its concern that the information supplied by the Union to the Sydney
Morning Herald, The Leader and A Current Affair, which included wages and working
conditions, were untrue and that their actions, and the deliberate use of emotive words,
highlights the Union’s limited desire for the truth.
(Notice given 5 April 2005)
158.
Ms Cusack to move—
That, under standing order 53, an Address be presented to the Governor requesting that Her Excellency
may be pleased to cause to be laid upon the table of the House within 14 days of the date of passing of
this resolution, the following documents:
(a)
all documents relating to the transfer of a high profile detainee from the Children’s Court Dubbo
to Orana Juvenile Justice Centre on Wednesday 9 February 2005,
(b)
for any electronic records provided, copies of the details of the date and time of creation, and
(c)
any document which records or refers to the production of documents as a result of this order of
the House.
(Notice given 5 April 2005)
159.
Ms Hale to move—
1.
2.
That this House notes:
(a)
that the Government takes its definition of a disability from the definition used in a 1993
survey conducted by the Australian Bureau of Statistics,
(b)
that the Australian Bureau of Statistics definition of a disability was abbreviated from the
World Health Organisation definition and excluded intellectual disabilities in that
definition,
(c)
that, as a result, for the purposes of funding, the Government assesses people with a
disability only on their level of physical impairment, and does not take into account a
person’s intellectual impairment,
(d)
that the limited definition of a disability has meant that people with a profound
intellectual disability who require one or two full time carers are funded as only
moderately disabled, and
(e)
that this definition of a disability unfairly discriminates against people with an
intellectual disability and places enormous strain on their families.
That this House calls on the Government to:
(a)
amend its definition of a disability to include intellectual disabilities, and
(b)
increase funding for disability services to give people with a disability, their carers and
families the dignity they deserve.
(Notice given 5 April 2005)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
160.
Dr Chesterfield-Evans to move—
That leave be given to bring in a Bill for an Act to amend the Sydney University Settlement
Incorporation Act 1959 to make further provision with respect to the Constitution of the Sydney
University Settlement and the disposal of property of the Settlement; and for other purposes.
(Sydney University Settlement Incorporation Amendment Bill)
(Notice given 6 April 2005)
161.
Ms Rhiannon to move—
That this House calls on the Premier to reconsider portfolio arrangements within the Labor caucus in
light of:
(a)
the statement by the Minister for Economic Reform to unions that 20 percent of public servants
are surplus to requirements,
(b)
Minister Costa announcing decisions that reverse government policy without consultation with
local Labor MPs and in the face of community opposition, and
(c)
Minister Costa using the title of Minister for Economic Reform as a licence to stray into other
ministers’ portfolio areas and promote policies that impact on members of Parliament in
marginal seats and regional areas.
(Notice given 6 April 2005)
162.
Ms Hale to move—
1.
That this House notes:
(a)
that in two ministerial positions the Hon Craig Knowles has overseen land rezoning and
development of Sandon Point,
(b)
this development has been criticised by the community as one of the most underhand,
secretive and inept in the state’s history,
(c)
under Craig Knowles’ administration the land was rezoned to allow residential
development despite it being an area of major Aboriginal and environmental
significance, being flood prone, and containing sediment that should have seen the area
declared under the Contaminated Lands Management Act 1997,
(d)
in 1998 as Minister responsible for Sydney Water, Craig Knowles was also responsible
for the subsequent sale of the land by Sydney Water to the private developer Stocklands,
(e)
with the complicity of Wollongong Council, Stocklands has since pushed ahead with
proposals to build luxury homes and high density units on the site,
(f)
building works have since uncovered an Aboriginal stone tool making site of
international importance that should be protected for generations to come,
(g)
in 1998 an Aboriginal burial site believed to be more than 6000 years old was uncovered,
(h)
Sydney Water worked in relative secrecy to rebury the tomb in a new location,
(i)
despite repeated requests by the local aboriginal people to protect the tomb, the new
burial site is on private land owned by Stocklands and has no protection, and
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(j)
2.
under NPWS guidelines on Aboriginal heritage, this find should have triggered an
Aboriginal Heritage Impact Study, yet the government has consistently refused to
conduct one because it knows a full and comprehensive assessment of Aboriginal
Heritage would thwart future development plans.
That this House calls on the Government to:
(a)
immediately halt all building works at Sandon Point,
(b)
immediately commence an Aboriginal Heritage Impact Study,
(c)
provide full protection to both the stone tool making site and Kuradji burial site, and
(d)
return these two areas to Aboriginal ownership for the protection and enjoyment of all
Australians.
(Notice given 7 April 2005)
163.
Ms Parker to move—
That this House:
(a)
regards with alarm the Department of Lands’ treatment of Mr and Mrs Collins of Berowra
Waters who, to reflect their marriage, requested a simple name change to the existing licence for
their jetty/pontoon which is the only means of access to their property and are being made to
pay for an entirely new licence at great cost,
(b)
urges the Minister for Lands to enable the Collins to have their current licence varied to reflect
the change of names and to take advantage of the three-year phase-in period for the new licence
fees for use of Crown land, and
(c)
condemns the Carr Government for the heavy handed treatment of the Collins who have been
threatened with removal of their jetty/pontoon, informed that they or future owners will not have
further licence applications considered which will have an effect on the value of their property
and that they will be charged with trespass if they do not comply with immediate payment for a
new licence plus increased charges.
(Notice given 7 April 2005)
164.
Mrs Forsythe to move—
1.
That this House notes that during debate in the House on 6 April 2005 on Report No 14 of
General Purpose Standing Committee No 3, entitled “Inquiry into Kariong Juvenile Justice
Centre”, dated November 2004, the Hon Amanda Fazio stated that “I can only say that other
committee members commented to me during the inquiry that if there is one person who could
be held responsible for some of the staff at Kariong losing their jobs and being redeployed it is
the person who instituted this inquiry.”
2.
That, under standing order 52, there be laid upon the table of the House within 14 days of the
date of passing of this resolution all documents in the possession, custody or control of the
Minister for Juvenile Justice, Department of Juvenile Justice, Minister for Justice, Department
of Corrective Services, or the Public Employment Office, concerning the employment or
termination of employment of any of the 16 witnesses named in the resolution of the House of
22 September 2004 relating to the “Inquiry into Kariong Juvenile Justice Centre”, including:
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
(a)
any briefing documents, reports, draft reports, correspondence or other communication
between the Minister for Juvenile Justice and the Department of Juvenile Justice in
relation to the named witnesses,
(b)
any briefing documents, draft reports, correspondence or other communication between
the Minister for Justice and the Department of Corrective Services in relation to the
named witnesses
(c)
any briefing notes, reports, draft reports, correspondence or other communication about
the employment of staff at the Kariong Centre since September 2004, and
(d)
any document which records or refers to the production of documents as a result of this
order of the House.
(Notice given 7 April 2005)
165.
Dr Wong to move—
1.
2.
That this House notes:
(a)
that under section 298 (3) (a) and (b) of the Industrial Relations Act 1996, authorised
industrial officers must give employers at least 24 hours notice before entering premises
where employees are engaged, or at least 48 hours notice to produce records or other
documents that are kept elsewhere than on the employers premises,
(b)
that under section 299 (2) (a) and (b) of the Industrial Relations Act 1996, an authorised
industrial officer is required to produce their authority when requested to do so by the
occupier or any person who has been asked to produce anything or answer any questions,
and
(c)
that under section 78 (2) (a) of the Occupational Health and Safety Act 2000, authorised
representatives cannot enter a premises without notice, unless to do so would defeat the
purpose or delay the authorised representative in a case of emergency,
That this House calls on the Government to:
(a)
clarify the Occupational Health and Safety Act 2000, in particular, what constitutes a
case of urgency as conferred by section 78 (2) (a) of the Act,
(b)
explain how industrial officers have been allowed to enter under section 78 (2) (a) of the
Occupational Health and Safety Act 2000, and exercise a thorough search of the premises
for documents that have no bearing on any Occupational Health and Safety issue, and
(c)
protect small business owners from industrial organisations misusing provisions of entry
onto a premises under one Act of Parliament for the purpose of investigating breaches
under another Act of Parliament, thereby, overriding the intentions of Parliament
ensuring safeguards exist against bullying, threats and intimidation.
(Notice given 7 April 2005)
166.
Constitution Amendment (Pledge of Loyalty) Bill 2004: second reading—Mr Primrose. (30 minutes)
(Standing orders suspended for remaining stages, Thursday 7 April 2005)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
167.
Mr Gay to move—
That, under standing order 52, there be laid upon the table of the House within 7 days of the date of
passing of this resolution the following documents in the possession, custody or control of the Minister
for Infrastructure Planning and Minister for Natural Resources or any department or agency under the
Minister’s portfolio, the Minister for the Environment or any department or agency under the
Minister’s portfolio, the Minister for Primary Industries or any department or agency under the
Minister’s portfolio, or The Cabinet Office:
(a)
any document concerning the options for the Brigalow Belt South Bioregion developed by the
Resource and Conservation Assessment Council referred to in the document TCO/09099 dated
29/12/2003 provided in the return to order required by the resolution of the House of 6 April
2005,
(b)
all documents concerning the request that the Rt Hon Ian Sinclair undertake a review of the
options referred to above,
(c)
a copy of the report prepared by Mr Sinclair and referred to in Cabinet Minute M04/29 provided
in the return to order required by the resolution of the House of 6 April 2005, and
(d)
any document which records or refers to the production of documents as a result of this order of
the House.
(Notice given 3 May 2005)
168.
Ms Parker to move—
That, under standing order 52, there be laid upon the table of the House within 14 days of the date of
passing this resolution the following documents in the possession, custody or control of the Minister for
Health or the Department of Health (including Area Health Services):
(a)
(b)
all documents produced since January 2004 for or by the Department of Health in relation to:
(i)
the proposal and implementation of a new patient allocation system for the management
of ambulance transports and hospital emergency departments (also known as the
“hospital matrix”), and
(ii)
the performance, efficacy and future of the “code green / orange / red” classification
system.
any document which records or refers to the production of documents as a result of this order of
the House.
(Notice given 3 May 2005)
169.
Dr Wong to move—
1.
That this House notes:
(a)
that on Tuesday morning, 22 February 2005, officials of the Textile, Clothing and
Footwear Union of Australia raided the workshop of Goldbridge Clothing Limited,
(b)
that occupants at the time were female Asian women who had very limited knowledge of
the English language,
(c)
that officials of the Textile, Clothing and Footwear Union of Australia failed to provide a
competent and impartial translator who understands issues concerning professional
4915
Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
conduct and confidentiality, as outlined in the Australian Institute of Interpreters and
Translators Incorporated Code of Ethics,
(d)
that the Textile, Clothing and Footwear Union of Australia lacks a basic understanding of
issues associated with cultural diversity, in particular, when dealing with the Asian
females, and
(e)
through their own ignorance, the Textile, Clothing and Footwear Union of Australia has
shown disrespect for Asian female workers.
2.
That this House calls on the Government to ensure that all industrial officers familiarise
themselves with culturally sensitive issues and are adequately trained in dealing with people
from culturally diverse backgrounds.
3.
That this House calls on the Government to amend the Industrial Relations Act 1996:
(a)
to require the Union to use independent interpreters and police as witnesses to any
investigation,
(b)
to prevent the Union from recruiting members during any investigation, and
(c)
to incorporate a code of practice for industrial officers to ensure that ethical standards
and behaviour are maintained during any investigative process.
(Notice given 3 May 2005)
170.
Mr Lynn to move—
1.
2.
That, under standing order 52, there be laid upon the table of the House within 14 days of the
date of passing of this resolution the following documents in the possession, custody or control
of the Minister for Justice, the Department of Corrective Services, the Minister for Commerce
and the Department of Commerce in relation to:
(a)
all documents including memoranda, letters, emails and file notes dated between January
2001 and December 2002, between Corrective Services Industries (CSI) and curtain
wholesalers, or their agents, which relate to the manufacture of curtains,
(b)
all documents including reports, memoranda, letters, emails and file notes between CSI
and the CSI Consultative Council since 2001, which relate to the impact of CSI activities
on existing curtain manufacturers,
(c)
all documents concerning orders, supply and delivery, including invoices, that relate to
the manufacture of curtains by Corrective Services Industries since June 2004, and
(d)
all documents from 2001 that relate to the supply, purchase and/or provision of pleating
equipment to CSI for curtain manufacture.
That financial amounts not be disclosed and be ‘blacked out’ on any documents returned with
this order.
(Notice given 3 May 2005)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
171.
Ms Rhiannon to move—
1.
2.
That this House notes:
(a)
the crucial role of English as a Second Language (ESL) services in public schools in the
educational development of some children from non-English speaking backgrounds, and
the importance of English language skills in cultural, economic, social and political
engagement,
(b)
the excellent work done by ESL teachers in the New South Wales public education
system in providing education to young people who lack such skills,
(c)
that the number of full time ESL teaching positions in New South Wales public schools
has remained static at 876 since 1993, despite an increasing need for ESL services,
(d)
that from 1983 to 2004, the ratio of ESL teachers to ESL students in primary schools
increased from 1:55 to 1:110 and in secondary schools from 1:42 to 1:78,
(e)
that neither State nor Federal Governments have increased ESL funding to ensure that
every child who needs it receives quality ESL education, and that this failure has
effectively capped the number of ESL teachers employed by the Department of
Education and Training,
(f)
that the increasing numbers of fee paying overseas students in New South Wales public
schools are absorbing existing limited ESL services and that fees collected from these
students have not been used to increase the number of ESL teachers employed by the
department, and
(g)
that many students in south, western and south western Sydney are missing out on ESL
services and consequently are at risk of not being able to fully participate in the
curriculum.
That this House calls on both State and Federal Governments to:
(a)
immediately increase funding for ESL services in public schools in New South Wales to
employ an additional 900 ESL teachers to meet the rising demand, and
(b)
ensure that appropriate ESL teacher training opportunities are available to meet the
projected future demand.
(Notice given 3 May 2005)
*
Council Bill
____________________
THURSDAY 5 MAY 2005
JOINT SITTING
Joint Sitting of both Houses in the Legislative Council Chamber at 4.00 pm, to fill the vacant seat in the
Senate caused by the resignation of Senator John Tierney.
____________________
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
TUESDAY 24 MAY 2005
BUSINESS OF THE HOUSE—NOTICES OF MOTIONS
1.
Mr Pearce to move—
That under section 41 of the Interpretation Act 1987, this House disallows the Protection of the
Environment Operations (General) Amendment (Luna Park) Regulation 2005 published in Government
Gazette No. 32, dated 11 March 2005, page 698, and tabled in this House 22 March 2005.
(Notice given 23 March 2005)
____________________
CONTINGENT NOTICES OF MOTIONS
Note: Contingent notices of motion are listed in full on the Notice Paper for the first sitting day of each
week. On other days only new contingent notices will be published in the Notice Paper.
PASSING OF BILLS THROUGH ALL STAGES
10.
Mr Della Bosca to move—
Contingent on any of the undermentioned bills being presented by the Legislative Assembly to the
Legislative Council for its concurrence and having been read by the Council for the first time: That
standing orders be suspended to allow the passing of the bill through all its remaining stages during the
present of any one sitting of the House:
Civil Liability Amendment (Food Donations) Bill 2004
Environmental Planning and Assessment Amendment (Development Contributions) Bill 2004
(Notice given at 11.09 am, 18 November 2004)
Road Transport Legislation (Speed Limiters) Amendment Bill 2004
(Notice given at 9.50 am, 9 December 2004)
Transport Administration Amendment (Public Transport Ticketing Corporation) Bill 2005
Transport Administration Amendment (Transport Levy for Major Events) Bill 2005
(Notice given at 11.08 am, 24 February 2005)
Prisoners (Interstate Transfer) Amendment Bill 2005
(Notice given at 11.06 am, 2 March 2005)
Coal Acquisition Amendment (Fair Compensation) Bill 2005
Game and Feral Animal Control Amendment Bill 2005
(Notice given at 11.09 am, 23 March 2005)
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Legislative Council Notice Paper No. 100—Wednesday 4 May 2005
Civil Procedure Bill 2005
Energy Administration Amendment (Water and Energy Savings) Bill 2005
(Notice given at 11.10 am, 6 April 2005)
____________________
BILLS DISCHARGED, LAID ASIDE, NEGATIVED OR
WITHDRAWN
§ Parliamentary Electorates and Elections Amendment (Joint Parliamentary Committee) Bill 2003
Discharged and withdrawn, 13 November 2003
§ Voluntary Euthanasia Trial (Referendum) Bill 2003
Second reading negatived, 13 November 2003
§ Crimes Amendment (Protection of Innocent Accused) Bill 2003
Discharged and withdrawn, 11 March 2004
§ Developer Donations (Anti-Corruption) Bill 2003
Second reading negatived, 11 March 2004
Local Government Amendment Bill 2003
Discharged and withdrawn, 29 June 2004
Environmental Planning and Assessment Amendment (Planning Agreements) Bill 2003
Discharged and withdrawn, 29 June 2004
Privacy and Personal Information Protection Amendment Bill 2003
Discharged, 29 June 2004
§ Mining Amendment (Cyanide Leaching) Bill 2004
Second reading negatived, 9 November 2004
§ Private Members Public Bill
John Evans
Clerk of the Parliaments
Authorised by the Parliament of New South Wales