2023 LEGISLATIVE ASSEMBLY 2011-12-13-14 FIRST SESSION OF THE FIFTY-FIFTH PARLIAMENT ___________________ VOTES AND PROCEEDINGS No. 184 THURSDAY 30 JANUARY 2014 ___________________ 1 MEETING OF THE HOUSE The House met at 10.30 am being the time fixed by the Speaker pursuant to the provisions of standing order 47. The Speaker took the Chair, read the prayer and acknowledged the traditional owners, thanking them for their custodianship of country. 2 DEATH OF EDWIN ALFRED BRITT, A FORMER MEMBER OF THE LEGISLATIVE ASSEMBLY The Speaker informed the House of the death, on 6 December 2013, of Edwin Alfred Britt, a former Member of the Legislative Assembly, and that on behalf of the House, she extended to the family the deep sympathy of the Legislative Assembly in the loss sustained. Members and officers stood as a mark of respect. 3 DEATH OF JAMES PATRICK FLAHERTY, A FORMER MEMBER OF THE LEGISLATIVE ASSEMBLY The Speaker informed the House of the death, on 9 December 2013, of James Patrick Flaherty, a former Member of the Legislative Assembly, and that on behalf of the House, she extended to the family the deep sympathy of the Legislative Assembly in the loss sustained. Members and officers stood as a mark of respect. 2024 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 30 January 2014 4 SUSPENSION OF STANDING AND SESSIONAL ORDERS—ROUTINE OF BUSINESS Mr Brad Hazzard moved, That standing and sessional orders be suspended to: (1) Provide for the following routine of business at this sitting: (a) (b) (2) Government business; and The House to adjourn on motion. Permit the introduction without notice and passage through all stages at this, or any subsequent sitting, of the Crimes and Other Legislation Amendment (Assault and Intoxication) Bill and cognate bill with the following speaking time limits: (a) On the second reading: (i) (ii) (iii) (iv) (v) (b) On any consideration in detail: (i) (ii) (iii) (3) Premier – unspecified number of periods limited to 10 minutes each; Leader of the Opposition or one member deputed – unspecified number of periods limited to 10 minutes each; and All other members – two periods on any one question limited to 5 minutes each. (a) Permit a member, immediately following the passage of the Crimes and Other Legislation Amendment (Assault and Intoxication) Bill and cognate bill, to move a motion without notice “That this House take note of the Crimes and Other Legislation Amendment (Assault and Intoxication) Bill and cognate bill”. (b) The following time limits to apply to the debate: (i) (ii) (iii) (4) Premier – unspecified; Leader of the Opposition or one member deputed – unspecified; Deputy Premier, Attorney General, and the Minister for Tourism – 10 minutes each, with a possible extension of time of up to 5 minutes; Three non-government members – 10 minutes each, with a possible extension of time of up to 5 minutes; and Reply – unspecified. Mover – 10 minutes, with a possible extension of time of up to 5 minutes; All other members – 10 minutes each, with a possible extension of time of up to 5 minutes; and Reply – 10 minutes. Provide for the following speaking time limits on the Mining Amendment (ICAC Operations Jasper and Acacia) Bill: (a) On the second reading: (i) (ii) (iii) (iv) (v) Premier – unspecified; Leader of the Opposition or one member deputed – unspecified; Deputy Premier, the Minister for Resources, and the Minister for Tourism – 10 minutes each, with a possible extension of time of up to 5 minutes; Three non-government members – 10 minutes each, with a possible extension of time of up to 5 minutes; and Reply – unspecified. 2025 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 30 January 2014 (b) On any consideration in detail: (i) (ii) (iii) Premier – unspecified number of periods limited to 10 minutes each; Leader of the Opposition or one member deputed – unspecified number of periods limited to 10 minutes each; and All other members – two periods on any one question limited to 5 minutes each. Question put and passed. 5 CRIMES AND OTHER LEGISLATION AMENDMENT (ASSAULT AND INTOXICATION) BILL LIQUOR AMENDMENT BILL Mr Barry O’Farrell moved, That the following cognate bills be now introduced: (i) (ii) A bill for an Act to amend the Crimes Act 1900, the Law Enforcement (Powers and Responsibilities) Act 2002, the Crimes (Sentencing Procedure) Act 1999 and other legislation relating to assaults and intoxication and to other matters. A bill for an Act to amend the Liquor Act 2007 and the Liquor Regulation 2008 to enable certain areas to be declared to be prescribed precincts in which licensed premises are subject to regulatory conditions; to enable periodic licence fees to be levied; and for other purposes. Question put and passed. Bills introduced and read a first time. Mr Barry O’Farrell moved, That these bills be now read a second time. Debate ensued. Mr Greg Smith, Mr Alex Greenwich, Mr George Souris and Mr Paul Lynch obtained extensions of time. _____________ SUSPENSION OF STANDING AND SESSIONAL ORDERS—ADDITIONAL SPEAKERS Mr Brad Hazzard moved, That standing and sessional orders be suspended to permit the members for Canterbury, Balmain and Lake Macquarie to speak to the bills forthwith for a period of 10 minutes each. Debate ensued. Question put and passed. _____________ Debate continued. Mr Greg Piper moved, That the motion be amended by leaving out all words after “That” with a view to inserting instead: “these bills be referred to the Legislative Assembly Committee on Law and Safety for inquiry and report by 25 February 2014.” Question proposed—That the words proposed to be left out stand. Question put and passed. Question—That these bills be now read a second time—again proposed and debate continued. 2026 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 30 January 2014 Question put and passed. Bills read a second time. Mr Greg Smith having requested the Crimes and Other Legislation Amendment (Assault and Intoxication) Bill be considered in detail— _____________ The Deputy Speaker, by leave, proposed the bill in groups of clauses and schedules. Clauses 1 and 2 Question—That the clauses be agreed to—put and passed. Schedule 1 Question proposed—That the schedule be agreed to. Mr Greg Smith moved, by leave together: No. 1 Page 4, Schedule 1 [2] (proposed section 25B (1)), line 17. Insert “Any non-parole period for the sentence is also required to be not less than 8 years.” after “section 25A (2).”. No. 2 Page 4, Schedule 1 [2] (proposed section 25B (2)), line 21. Insert “(or to impose a lesser nonparole period)” after “lesser or no sentence”. Question proposed—That the amendments be agreed to. Debate ensued. Question put and passed—amendments agreed to. Question—That the schedule, as amended, be agreed to—put and passed. Schedules 2 to 6 Question—That the schedules be agreed to—put and passed. _____________ Mr Barry O’Farrell moved, That these bills be now read a third time. Question put and passed. Bills read a third time. _____________ The Deputy Speaker left the Chair at 1.14 pm. The Assistant Speaker resumed the Chair at 2.15 pm. _____________ 6 MINING AMENDMENT (ICAC OPERATIONS JASPER AND ACACIA) BILL The Assistant Speaker reported the following message from the Legislative Council: 2027 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 30 January 2014 Madam SPEAKER The Legislative Council having this day passed a bill titled “an Act to amend the Mining Act 1992 to cancel certain exploration licences; and for other purposes” transmits the bill to the Legislative Assembly for concurrence. Legislative Council 30 January 2014 FRED NILE Assistant President Bill introduced and read a first time. Mr Barry O’Farrell moved, That this bill be now read a second time. Debate ensued. Question put and passed. Bill read a second time. Mr Barry O’Farrell moved, That this bill be now read a third time. Question put and passed. Bill read a third time. 7 CRIMES AND OTHER LEGISLATION AMENDMENT (ASSAULT AND INTOXICATION) BILL AND COGNATE BILL—TAKE NOTE DEBATE Mr Brad Hazzard moved, That this House take note of the Crimes and Other Legislation Amendment (Assault and Intoxication) Bill and cognate bill. Debate ensued. Mr Ron Hoenig, Mr Barry Collier, Mr Michael Daley, Mr Gareth Ward, Mr Ray Williams, Mr Andrew Cornwell, Mr Darren Webber and Mr Chris Patterson obtained extensions of time. Debate continued. Mr Paul Toole moved, That this debate be now adjourned. Question put and passed. Ordered, That the resumption of the debate stand an order of the day for tomorrow. 8 CORRESPONDENCE FROM THE OFFICE OF THE GOVERNOR The Assistant Speaker reported receipt of correspondence from the Official Secretary to the Governor, dated 21 November 2013, acknowledging receipt, on behalf of the Lieutenant-Governor, of the resolution adopted by the House on 19 November 2013, regarding the revocation of the dedication of a State Forest. 9 RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE GOVERNOR The Assistant Speaker reported the following message from Her Excellency the Governor: MARIE BASHIR Governor Office of the Governor Sydney, 26 November 2013 2028 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 30 January 2014 Professor Marie Bashir, Governor of New South Wales has the honour to inform the Legislative Assembly that she has re-assumed the administration of the Government of the State. 10 MESSAGES FROM THE GOVERNOR The Assistant Speaker reported messages from Her Excellency the Governor assenting to the following bills: 27 November 2013 Act No. 98 Act No. 99 Act No. 100 Act No. 101 Act No. 102 Act No. 103 Act No. 104 Act No. 105 Act No. 106 Act No. 107 Act No. 108 Law Enforcement (Powers and Responsibilities) Amendment (Arrest without Warrant) Bill Skills Board Bill Casino Control Amendment (Barangaroo Restricted Gaming Facility) Bill Crown Lands Amendment (Multiple Land Use) Bill Mental Health (Forensic Provisions) Amendment Bill Surveillance Devices Amendment (Mutual Recognition) Bill National Disability Insurance Scheme (NSW Enabling) Bill Cemeteries and Crematoria Bill Mining and Petroleum Legislation Amendment (Public Interest) Bill Motor Dealers and Repairers Bill Rural Fires Amendment Bill 3 December 2013 Act No. 109 Act No. 110 Act No. 111 11 Work Health and Safety Amendment Bill Crimes (Appeal and Review) Amendment (DNA Review Panel) Bill Statute Law (Miscellaneous Provisions) Bill (No. 2). MINISTERIAL ANNOUNCEMENTS Mr Brad Hazzard, on behalf Mr Barry O’Farrell informed the House that: (1) On 9 December 2013, Her Excellency the Governor accepted the resignation of the Honourable Christopher Peter Hartcher MP as Minister for Resources and Energy, Special Minister of State, and Minister for the Central Coast and as a member of the Executive Council. (2) On 9 December 2013, Her Excellency the Governor appointed: (3) (a) The Honourable Anthony John Roberts MP as Minister for Resources and Energy, and Special Minister of State; and (b) The Honourable Stuart Laurence Ayres MP as a member of the Executive Council and as Minister for Fair Trading, and Minister Assisting the Premier on Western Sydney. On 18 December 2013, Her Excellency the Governor: (a) Accepted the resignation of the Honourable Michael Joseph Gallacher MLC as Minister for the Hunter; (b) Appointed the Honourable Michael Joseph Gallacher MLC as Minister for the Central Coast; and (c) Appointed the Honourable George Souris MP as Minister for the Hunter. 2029 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 30 January 2014 12 INDEPENDENT COMMISSION AGAINST CORRUPTION The Assistant Speaker, in accordance with section 78 of the Independent Commission Against Corruption Act 1988, announced receipt of the reports of the Independent Commission Against Corruption entitled: “Operations Jasper and Acacia – addressing outstanding questions”, dated December 2013 (received 18 December 2013). “Investigation into false certifications of heavy vehicle competency-based assessments by a Roads and Maritime Services accredited assessor”, dated January 2014 (received 24 January 2014). Ordered to be printed. 13 FORESTRY ACT The Assistant Speaker, in accordance with section 69H of the Forestry Act 2012, announced receipt of Amendment No. 3 to the Integrated Forestry Operations Approval for Riverina Red Gum (received 6 January 2014). 14 OMBUDSMAN The Assistant Speaker, in accordance with section 24 of the Law Enforcement (Controlled Operations) Act 1997, announced receipt of the report of the NSW Ombudsman entitled “Law Enforcement (Controlled Operations) Act 1997 Annual Report 2012 – 2013”, dated January 2014 (received 29 January 2014). Ordered to be printed. 15 PARLIAMENTARY ETHICS ADVISER The Assistant Speaker tabled the Interim Report of the Parliamentary Ethics Adviser for the period 1 July to 31 December 2013. Ordered to be printed. 16 LEGISLATIVE ASSEMBLY COMMITTEE ON COMMUNITY SERVICES The Clerk announced receipt of the Government Response to Report 1/55 of the Legislative Assembly Committee on Community Services entitled “Outsourcing community service delivery – interim report” (received 2 December 2013). 17 PUBLIC ACCOUNTS COMMITTEE The Clerk announced receipt of the Government Responses to: Report 9/55 of the Public Accounts Committee entitled “Report on the examination of the AuditorGeneral’s performance audits April 2011 - September 2011” (received 2 December 2013). Report 7/55 of the Public Accounts Committee entitled “Procurement and management of ICT services in the NSW Public Sector” (received 3 December 2013). 18 AUDITOR-GENERAL The Clerk, in accordance with section 63C of the Public Finance and Audit Act 1983, announced receipt of the following reports of the Auditor-General: Financial Audit Report, Volume Eight 2013 (received 9 December 2013). 2030 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 30 January 2014 Financial Audit Report, Volume Nine 2013 (received 12 December 2013). Financial Audit Report, Volume Ten 2013 (received 18 December 2013). Performance Audit Report entitled “Improving legal and safe driving among Aboriginal people: Transport for NSW, Department of Attorney General and Justice, Department of Finance and Services, Roads and Maritime Services, NSW Police Force, Department of Education and Communities”, dated December 2013 (received 19 December 2013). 19 PUBLIC FINANCE AND AUDIT ACT The Clerk, in accordance with section 63C of the Public Finance and Audit Act 1983, announced receipt of the Determination pursuant to section 8 of the Public Finance and Audit Act 1983 concerning the 2013-14 Half Yearly Review of the Budget (received 11 December 2013). 20 SYDNEY WATER CATCHMENT MANAGEMENT ACT The Clerk, in accordance with section 39 of the Sydney Water Catchment Management Act 1998, announced receipt of: Sydney Catchment Authority Statement of Financial Framework for 2013-14 (6 December 2013). 2013 Audit of the Sydney Drinking Water Catchment (Volumes One to Three) (received 19 December 2013). 21 PASSENGER TRANSPORT ACT The Clerk, in accordance with section 46D of the Passenger Transport Act 1990, announced receipt of the Office of Transport Safety Investigations reports entitled: “Rail Safety Investigation Report, Derailment of El Zorro Grain Service 5CM7, Rennie, 3 January 2013” (received 9 December 2013). “Rail Safety Investigation Report, Level Crossing Collision, Moree, 21 May 2013” (received 13 December 2013). “Ferry Safety Investigation Report, Close Quarters Incident involving MV Narrabeen and Barquentine Southern Swan, Sydney Harbour, 17 May 2013” (received 16 December 2013). 22 SYDNEY WATER CATCHMENT MANAGEMENT ACT The Clerk, in accordance with section 33 of the Sydney Water Catchment Management Act 1998, announced receipt of the report of the Independent Pricing and Regulatory Tribunal entitled “Sydney Catchment Authority Operational Audit 2012/13 Report to the Minister, Water - Compliance Report”, dated December 2013 (received 20 January 2014). 23 SYDNEY WATER ACT The Clerk, in accordance with section 33 of the Sydney Water Act 1994, announced receipt of the report of the Independent Pricing and Regulatory Tribunal entitled “Sydney Water Corporation Operational Audit 2012/13 Report to the Minister, Water - Compliance Report”, dated December 2013 (received 22 January 2014). 2031 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 30 January 2014 24 STATUTORY RULES AND INSTRUMENTS The Clerk tabled notices of the making of the following statutory rules and instruments published on the Legislation Website (LW) or in the Government Gazette (GG): (1) For the week ended 22 November 2013 Plant Diseases Act 1924—Plant Diseases (Orange Stem Pitting Strains of Tristeza Virus) Order 2013 (GG No. 159 of 22 November 2013, p 5323). (2) For the week ended 29 November 2013 Child Protection (Offenders Prohibition Orders) Act 2004—Child Protection (Offenders Prohibition Orders) Amendment (Delegation) Regulation 2013 (LW 29 November 2013). Children (Detention Centres) Act 1987—Children (Detention Centres) Amendment (Search Powers) Regulation 2013 (LW 29 November 2013). Liquor Act 2007— (a) Liquor Amendment (Approved Managers and Patron ID Scanning) Regulation 2013 (LW 29 November 2013). (b) Liquor Amendment (Special Licence Conditions) Regulation (No. 2) 2013 (LW 29 November 2013). Protection of the Environment Operations Act 1997—Protection of the Environment Operations (Clean Air) Amendment (Miscellaneous) Regulation 2013 (LW 29 November 2013). Supreme Court Act 1970—Supreme Court Rules (Amendment No. 423) 2013 (LW 29 November 2013). (3) For the week ended 6 December 2013 Child Protection (Working with Children) Act 2012—Child Protection (Working with Children) Amendment (Miscellaneous) Regulation 2013 (LW 6 December 2013). Firearms Act 1996—Firearms Amendment (Provisional Licensees) Regulation 2013 (LW 6 December 2013). Fisheries Management Act 1994—Fisheries Management (Aquaculture) Amendment (Movement of Oysters) Regulation 2013 (LW 6 December 2013). Legal Profession Act 2004—amendments to the Legal Profession Admission Rules 2005 (GG No. 168 of 6 December 2013, p 5717). Native Vegetation Act 2003—Native Vegetation Amendment (Local Land Services) Regulation 2013 (LW 6 December 2013). Security Industry Act 1997— (a) Security Industry Amendment (Consequential Amendments) Regulation 2013 (LW 6 December 2013). (b) Security Industry Amendment (Exempt Persons) Regulation (No. 2) 2013 (LW 6 December 2013). 2032 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 30 January 2014 (4) For the week ended 13 December 2013 Evidence (Audio and Audio Visual Links) Act 1998—Evidence (Audio and Audio Visual Links) Amendment (Bail Matters) Regulation 2013 (LW 13 December 2013). Local Land Services Act 2013—Local Land Services Amendment (Elections) Regulation 2013 (LW 13 December 2013). Plant Diseases Act 1924—Plant Diseases (Banana Bunchy Top Virus and Panama Disease) Order 2013 (GG No. 172 of 13 December 2013, p 5745 ). Police Act 1990—Police Amendment (Interference with Test Results) Regulation 2013 (LW 13 December 2013). Residential Tenancies Act 2010—Residential Tenancies (Window Safety Devices) Regulation 2013 (LW 13 December 2013). Road Transport Act 2013— (a) Road Amendment (Emergency Worker) Rules 2013 (LW 13 December 2013). (b) Road Transport (Driver Licensing) Amendment (Miscellaneous) Regulation 2013 (LW 13 December 2013). Royal Botanic Gardens and Domain Trust Act 1980—Royal Botanic Gardens and Domain Trust Amendment (Penalty Notice Offences) Regulation 2013 (LW 13 December 2013). Strata Schemes Management Act 1996—Strata Schemes Management Amendment (Child Window Safety Devices) Regulation 2013 (LW 11 December 2013). (5) For the week ended 20 December 2013 Board of Studies, Teaching and Educational Standards Act 2013—Board of Studies, Teaching and Educational Standards Regulation 2013 (LW 20 December 2013). Civil and Administrative Tribunal Act 2013—Civil and Administrative Tribunal Regulation 2013 (LW 20 December 2013). Criminal Procedure Act 1986—Criminal Procedure Amendment (Court Fees Payable by Government Agencies) Regulation 2013 (LW 20 December 2013). Environmental Planning and Assessment Act 1979—Environmental Planning and Assessment Amendment (Complying Development and Fire Safety) Regulation 2013 (LW 20 December 2013). Fisheries Management Act 1994—Fisheries Management Amendment (Indictable Species and Quantities) Regulation 2013 (LW 20 December 2013). Institute of Teachers Act 2004—Institute of Teachers Amendment Regulation 2013 (LW 20 December 2013). Intoxicated Persons (Sobering Up Centres Trial) Act 2013—Intoxicated Persons (Sobering Up Centres Trial) Amendment (Eastern Beaches) Regulation 2013 (LW 20 December 2013). Liquor Act 2007— (a) Liquor Amendment (Extension of Freeze Period) Regulation 2013 (LW 20 December 2013). 2033 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 30 January 2014 (b) Liquor Amendment (Special Events—Extended Trading Periods) Regulation (No. 3) 2013 (LW 20 December 2013). Marine Safety Act 1998—Marine Safety (General) Amendment (Exemptions Relating to Safety Equipment and Facilities) Regulation 2013 (LW 20 December 2013). Mine Subsidence Compensation Act 1961—Mine Subsidence Compensation Amendment (Contributions) Regulation 2013 (LW 20 December 2013). National Parks and Wildlife Act 1974—National Parks and Wildlife Amendment (Public Health) Regulation 2013 (LW 20 December 2013). Protection of the Environment Operations Act 1997—Protection of the Environment Operations (General) Amendment (Glebe Island) Regulation 2013 (LW 20 December 2013). Public Finance and Audit Act 1983— (a) Public Finance and Audit Amendment (State Water Corporation) Regulation 2013 (LW 20 December 2013). (b) Public Finance and Audit Amendment (Uniprojects Pty Limited) Regulation 2013 (LW 20 December 2013). Public Health Act 2010—Public Health Amendment (Vaccination of Children Attending Child Care Facilities) Regulation 2013 (LW 20 December 2013). Public Interest Disclosures Act 1994—Public Interest Disclosures Amendment (Reporting) Regulation 2013 (LW 20 December 2013). Road Transport Act 2013—Roads Amendment (Booster Seats and Child Restraints) Rules 2013 (LW 20 December 2013). Supreme Court Act 1970—Supreme Court Rules (Amendment No. 424) 2013 (LW 20 December 2013). Veterinary Practice Act 2003—Veterinary Practice Amendment (Local Land Services) Regulation 2013 (LW 20 December 2013). Work Health and Safety Act 2011—Work Health and Safety Amendment (Transitional Provisions) Regulation 2013 (LW 20 December 2013). Workers Compensation Act 1987—Workers Compensation Amendment (Medical Expenses) Regulation 2013 (LW 20 December 2013). (6) For the week ended 27 December 2013 Industrial Relations Act 1996—Industrial Relations (Public Sector Conditions of Employment) Amendment Regulation 2013 (LW 23 December 2013). 25 MESSAGES FROM THE LEGISLATIVE COUNCIL The Assistant Speaker reported messages from the Legislative Council returning the following bills without amendment: 30 January 2013 Crimes and Other Legislation Amendment (Assault and Intoxication) Bill Liquor Amendment Bill. 2034 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 30 January 2014 26 ADJOURNMENT Mr Brad Hazzard moved, That this House do now adjourn. Question put and passed. The House adjourned accordingly at 7.11 pm, until Tuesday 25 February 2014, at 12.00 noon. Attendance: All members present except Mr Lee Evans, Ms Melanie Gibbons, Ms Sonia Hornery and Ms Anna Watson. RONDA MILLER Clerk of the Legislative Assembly SHELLEY HANCOCK Speaker __________________ Authorised by the Parliament of New South Wales