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LEGISLATIVE ASSEMBLY
2011
FIRST SESSION OF THE FIFTY-FIFTH PARLIAMENT
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VOTES AND PROCEEDINGS
No. 13
MONDAY 30 MAY 2011
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1
MEETING OF THE HOUSE
The House met at 1.00 pm pursuant to adjournment. The Speaker took the Chair, read the prayer and
acknowledged the traditional owners, thanking them for their custodianship of country.
2
PRIVATE MEMBERS’ STATEMENTS
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The Acting Speaker (Ms Melanie Gibbons) left the Chair at 2.00 pm.
The Speaker resumed the Chair at 2.15 pm.
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3
MESSAGES FROM THE LEGISLATIVE COUNCIL—WORK HEALTH AND SAFETY BILL
AND OCCUPATIONAL HEALTH AND SAFETY BILL
(1)
The Speaker reported the following message from the Legislative Council:
Madam SPEAKER
The Legislative Council has this day agreed to the “Work Health and Safety Bill 2011” with the
amendments indicated by the accompanying schedule, in which amendments the Council requests the
concurrence of the Legislative Assembly.
Legislative Council
27 May 2011
DON HARWIN
President
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Monday 30 May 2011
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WORK HEALTH AND SAFETY BILL
Schedule of the amendments referred to in the message of 27 May 2011.
DAVID BLUNT
for Clerk of the Parliaments
No. 1
Page 4, clause 4. Insert after line 20:
Industrial Court means the Industrial Court of New South Wales.
No. 2
Page 115, clause 229B, lines 16–28. Omit all words on those lines. Insert instead:
229B
Summary procedure for offences
(1)
Except as provided by this section, proceedings for an offence against this Act
or the regulations are to be dealt with summarily:
(a)
before the Local Court, or
(b)
before the District Court in its summary jurisdiction.
(2)
Proceedings for a Category 3 offence are to be dealt with summarily:
(a)
before the Local Court, or
(b)
before the Industrial Court.
(3)
Proceedings for a Category 1 offence committed by an individual are to be
taken on indictment.
(4)
The maximum monetary penalty that may be imposed by the Local Court in
proceedings for an offence against this Act is $50,000, despite any higher
maximum monetary penalty provided in respect of the offence.
(5)
Part 5 of Chapter 4 of the Criminal Procedure Act 1986 applies to proceedings
for an offence taken before the District Court in its summary jurisdiction.
(6)
The provisions of the Industrial Relations Act 1996, and of the regulations
under that Act, relating to appeals from the Local Court to the Industrial Court
in connection with offences against that Act apply to proceedings before the
Local Court for Category 3 offences.
Note. Section 197 of the Industrial Relations Act 1996 deals with appeals against
convictions or penalties in connection with offences against that Act.
No. 3
Page 115, clause 230. Insert at the end of line 34:
, or
(c)
No. 4
the secretary of an industrial organisation of employees any member
or members of which are concerned in the matter to which the
proceedings relate, but only as permitted by subsection (3) if the
offence concerned is a Category 1 offence or a Category 2 offence.
Page 116, clause 230. Insert after line 3:
(3)
The secretary of an industrial organisation of employees can bring proceedings
for a Category 1 offence or a Category 2 offence only if the regulator has (after
referral of the matter to the regulator and the Director of Public Prosecutions
under section 231) declined to follow the advice of the Director of Public
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Monday 30 May 2011
Prosecutions to bring the proceedings.
No. 5
Page 116, clause 230. Insert after line 9:
(5)
The court before which proceedings for an offence against this Act are brought
by the secretary of an industrial organisation of employees must not direct that
any portion of a fine or other penalty imposed in the proceedings be paid to the
prosecutor (despite section 122 of the Fines Act 1996).
No. 6
Pages 121–123, proposed Division 2A of Part 13, line 1 on page 121 to line 4 on page 123. Omit
all words on those lines.
No. 7
Page 128, clause 255, line 10. Omit “District Court”. Insert instead “Industrial Court”.
No. 8
Page 144, proposed clause 8 of Schedule 4, lines 30–33. Omit all words on those lines.
No. 9
Page 146, Schedule 5.1, lines 2–5. Omit all words on those lines.
Examined
JENNY GARDINER
Chair of Committees
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(2)
The Speaker also reported the following message from the Legislative Council:
Madam SPEAKER
The Legislative Council has this day agreed to the “Occupational Health and Safety Amendment Bill
2011” with the amendments indicated by the accompanying schedule, in which amendments the Council
requests the concurrence of the Legislative Assembly.
Legislative Council
27 May 2011
DON HARWIN
President
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OCCUPATIONAL HEALTH AND SAFETY BILL
Schedule of the amendments referred to in the message of 27 May 2011.
DAVID BLUNT
for Clerk of the Parliaments
No. 1
Page 6, Schedule 1 [14], lines 26–28. Omit all words on those lines.
No. 2
Pages 7 and 8, Schedule 1 [16], line 28 on page 7 to line 6 on page 8. Omit all words on those
lines.
Examined
JENNY GARDINER
Chair of Committees
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Ordered by the Speaker, That the amendments made by the Legislative Council in the bills be taken into
consideration at a later time.
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Monday 30 May 2011
4
ASSUMPTION OF THE ADMINISTRATION
LIEUTENANT-GOVERNOR
OF
THE
GOVERNMENT
BY
THE
The Speaker reported the following message from His Excellency the Lieutenant-Governor:
J.J. SPIGELMAN
Lieutenant-Governor
Office of the Governor
Sydney, 29 May 2011
The Honourable James Jacob Spigelman, Chief Justice of New South Wales, Lieutenant-Governor of the
State of New South Wales, has the honour to inform the Legislative Assembly that, consequent on the
Governor of New South Wales, Professor Marie Bashir, having assumed the administration of the
government of the Commonwealth of Australia, he has this day at 11.41 am assumed the administration
of the government of the State.
5
NOTICES OF MOTIONS
6
NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
Mr Tim Owen—Federal Carbon Tax.
Mr John Robertson—Solar Bonus Scheme Contracts.
7
QUESTION TIME
8
MINISTERIAL STATEMENT—MICROBIZ WEEK
Ms Katrina Hodgkinson made a statement in relation to MicroBiz Week.
Mr Robert Furolo also addressed the House.
9
SUPPLEMENTARY ANSWER
Mr Anthony Roberts gave a supplementary answer to a question asked of him during Question Time by
the member for Shellharbour.
10
PAPER
Mr Greg Smith tabled the Magistrate’s Response, dated 12 May 2011, (as amended with certain
deletions) to the Report by a Conduct Division of the Judicial Commission of NSW in relation to
Magistrate Jennifer Betts.
Ordered to be printed.
11
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):
For the week ended 27 May 2011 –
Associations Incorporation Act 2009—Associations Incorporation Amendment (Fees) Regulation 2011
(LW 27 May 2011).
Co-operative Housing and Starr-Bowkett Societies Act 1998—Co-operative Housing and Starr-Bowkett
Societies Amendment (Fees) Regulation 2011 (LW 27 May 2011).
Co-operatives Act 1992—Co-operatives Amendment (Fees) Regulation 2011 (LW 27 May 2011).
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Monday 30 May 2011
Community Land Management Act 1989—Community Land Management Amendment (Fees)
Regulation 2011 (LW 27 May 2011).
Consumer, Trader and Tenancy Tribunal Act 2001—Consumer, Trader and Tenancy Tribunal
Amendment (Fees) Regulation 2011 (LW 27 May 2011).
Electricity (Consumer Safety) Act 2004—Electricity (Consumer Safety) Amendment (Fees) Regulation
2011 (LW 27 May 2011).
Funeral Funds Act 1979—Funeral Funds Amendment (Fees) Regulation 2011 (LW 27 May 2011).
Landlord and Tenant (Amendment) Act 1948—Landlord and Tenant Amendment (Fees) Regulation 2011
(LW 27 May 2011).
Liquor Act 2007—Liquor Amendment (Special Licence Conditions) Regulation 2011 (LW 27 May
2011).
Partnership Act 1892—Partnership Amendment (Fees) Regulation 2011 (LW 27 May 2011).
Registration of Interests in Goods Act 1986—Registration of Interests in Goods Amendment (Fees)
Regulation 2011 (LW 27 May 2011).
Rural Assistance Act 1989—Rural Assistance Regulation 2011 (LW 27 May 2011).
Strata Schemes Management Act 1996—Strata Schemes Management Amendment (Fees) Regulation
2011 (LW 27 May 2011).
Terrorism (Police Powers) Act 2002—Terrorism (Police Powers) Regulation 2011 (LW 27 May 2011).
12
PETITIONS
(1)
The Clerk announced that the following members had each lodged petitions for presentation:
Ms Clover Moore—from certain citizens requesting the removal of the clearway on Oxford Street and the
imposition of a 40kph speed limit in Oxford Street, Paddington.
Ms Clover Moore—from certain citizens opposing the sale of animals in pet shops.
Ms Clover Moore—from certain citizens requesting that the Government retain inner city social housing.
Ms Clover Moore—from certain citizens requesting increased mental health support for people with
mental illness who are tenants of Housing NSW and Community Housing.
(2)
The Clerk also announced that the following members had each lodged petitions for presentation
signed by 500 or more persons:
Mr Stephen Bromhead—from certain citizens requesting an increase in police numbers for the Manning
and Great Lakes Area Command.
Mr John Barilaro—from certain citizens requesting that applications for mining at Dargues Reef only be
permitted under certain conditions.
13
NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
(1)
Mr Tim Owen made a statement in support of his notice being accorded priority over the other
business of the House.
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Monday 30 May 2011
(2)
Mr John Robertson also made a statement in support of his notice being accorded priority—
That this House:
(1)
Notes that over 100,000 New South Wales households are now facing financial
hardship due to the Premier’s decision to break his promise to uphold legally binding
contracts.
(2)
Condemns the Government for making families from all over New South Wales pay in
the thousands because the Premier chooses headlines and spin over keeping
commitments.
Question—That the motion of the member for Newcastle be accorded priority—put and passed.
14
MOTION ACCORDED PRIORITY—FEDERAL CARBON TAX
Mr Tim Owen moved, pursuant to notice, That this House:
(1)
Notes that regional economies will be hardest hit by a carbon tax.
(2)
Notes that economic modelling shows the gross regional product of the Hunter Valley would
drop by 20 per cent under a carbon tax.
(3)
Opposes the Federal Government’s carbon tax.
Debate ensued.
Question put and passed.
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It being before 4.30 pm, government business proceeded with.
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15
LIBRARY AMENDMENT BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr George
Souris, That this bill be now agreed to in principle.
Question again proposed and debate resumed.
Mr Mark Coure obtained an extension of time.
Debate continued.
Question put and passed.
Bill agreed to in principle.
The Assistant Speaker declared the bill to have passed the House.
16
MESSAGE FROM THE LEGISLATIVE COUNCIL
The Assistant Speaker reported a message from the Legislative Council dated 30 May 2011, returning the
Courts and Other Legislation Amendment Bill, without amendment.
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Monday 30 May 2011
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It being before 7.00 pm, notices of motions (general notices) proceeded with.
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17
NOTICES OF MOTIONS (GENERAL NOTICES)
18
MATTER OF PUBLIC IMPORTANCE—NATIONAL RECONCILIATION WEEK
The Speaker having previously informed the House of receipt from Dr Geoff Lee of a notice of a matter
of public importance, namely:
National Reconciliation Week.
Discussion ensued and concluded.
19
PRIVATE MEMBERS’ STATEMENTS
20
ADJOURNMENT
The House adjourned, pursuant to standing and sessional orders, at 6.27 pm, until tomorrow, at 10.00 am.
Attendance: All members present except Ms Clover Moore and Mr Bruce Notley-Smith.
RUSSELL D. GROVE PSM
Clerk of the Legislative Assembly
SHELLEY HANCOCK
Speaker
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Authorised by the Parliament of New South Wales