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Legislative Council Minutes No. 17—Wednesday 26 September 2007

237

LEGISLATIVE COUNCIL

MINUTES OF PROCEEDINGS

No. 17

WEDNESDAY 26 SEPTEMBER 2007
Contents

1Meeting of the House

2General Purpose Standing Committees—Portfolio Allocations (Formal Business)

3Somersby Sand Mine (Formal Business)

4Senior Sergeant Ross Parry (Formal Business)

5Unproclaimed Legislation

6Petitions

7Notices of Motions

8Business Postponed

9Answers to Questions without Notice

10Select Committee on Electoral and Political Party Funding—Ballot to choose Cross Bench Members

11Privileges Committee—Citizen's Right of Reply (Mr R Bailey)

12Visitors

13Message from the Legislative Assembly—Liquor Amendment (Special Events Hotel Trading) Bill 2007

14Suspension of Standing and Sessional Orders—APEC Meetings in Sydney

15Questions

16Precedence of Business

17Ministerial Statement

18Suspension of Standing and Sessional Orders—APEC Meetings in Sydney

19Messages from the Legislative Assembly

(1)Crimes Amendment Bill 2007

(2)Motor Dealers Amendment Bill 2007

(3)Associations Incorporation Amendment (Cancellation of Incorporation) Bill 2007

20Public School System

21Crimes Amendment Bill 2007

22Liquor Amendment (Special Events Hotel Trading) Bill 2007

23Adjournment

24Attendance

1MEETING OF THE HOUSE

The House met at 11.00 am according to adjournment. The President took the Chair and read the prayers.

2GENERAL PURPOSE STANDING COMMITTEES—portfolio allocations (Formal Business)

Mr Della Bosca moved, according to notice: That the resolution appointing five general purpose standing committees reflecting Government Ministers’ portfolio responsibilities adopted by this House on 10 May 2007 and amended on 28 June 2007, be further amended to reflect changes to Government Ministers’ portfolio responsibilities as follows:

(a)General Purpose Standing Committee No. 3

Mental Health

(b)General Purpose Standing Committee No. 4

Waterways.

Question put and passed.

3SOMERSBY SAND MINE (Formal Business)

Mr Gallacher moved, according to notice:

1.That this House notes:

(a)the proposal to develop a sand mine on the Somersby Plateau adjacent to Somersby Public School,

(b)the community concerns about the threat this proposal poses to the water table at Somersby, the local horticultural industry and to traffic safety on local roads and the F3 Freeway,

(c)the serious risk the proposal poses to the health and safety of the children and staff at Somersby Public School, and

(d)the opposition by Gosford City Council to the proposal.

  1. That this House congratulates the Somersby community on their campaign to protect the natural beauty and resources of the area, and the health of their children.
  1. That this House commends and endorses the bipartisan approach to the proposal by the local state and federal members of Parliament, the Hon. Jim Lloyd, member for Robertson, and Ms Marie Andrews, member for Gosford.

Question put and passed.

4SENIOR SERGEANT ROSS PARRY (Formal Business)

Mr Gallacher moved, according to notice: That this House:

(a)acknowledges the dedication to the people of New South Wales of Senior Sergeant Ross Parry in a career with the NSW Police Force which spanned 47 years,

(b)notes Senior Sergeant Parry was awarded the Australian Police Medal for distinguished service,

(c)notes in a career which included working in the Criminal Investigations Branch Number 21 Division Special Squad and as a frontline officer, Senior Sergeant Parry served under 10 Police Commissioners and only ever took three periods of sick leave during this time,

(d)congratulates Senior Sergeant Parry on his retirement from the NSW Police Force in July this year, and

(e)wishes Senior Sergeant Parry all the very best in his retirement.

Question put and passed.

5UNPROCLAIMED LEGISLATION

According to standing order, Mr Roozendaal tabled a list of unproclaimed legislation as at 25 September 2007.

6PETITIONS

Greyhound racing

Mr Mason-Cox presented a petition from 20 citizens of New South Wales objecting to the amalgamation of the Greyhound Racing Authority and Harness Racing NSW, calling for the abolition of the current two board system, and requesting that the House instigate a committee inquiry into the administration of Greyhound Racing NSW.

Petition received.

Protection of an unborn child

Revd Mr Nile presented a petition from 30 citizens of New South Wales calling on the Government to enact laws requiring doctors to provide details of abortions performed and to make available to the public on an annual basis accurate records and statistics on abortions, and for independent medical practitioners to outline to women considering abortions the methods and risks of the procedure, to protect, by law, foetuses of at least 20 weeks gestation and make resources available for post-abortion follow-up.

Petition received.

Child abuse in Indigenous communities

Ms Westwood presented a petition from 15 citizens of New South Wales objecting to the Government’s response to child abuse in the Indigenous community of New South Wales, urging the Government to reject any proposal to use army personnel in carrying out its child protection responsibilities, and requesting that the House give urgent consideration to implementing the recommendations contained in the report of the NSW Aboriginal Child Sexual Assault Taskforce entitled ‘Breaking the Silence: Creating the Future’.

Petition received.

Killalea State Park

Ms Hale presented a petition from 2,672citizens of New South Wales objecting to multiple parts of Killalea State Park being leased to private interests for 52 years to undertake a major accommodation development, requesting that the House convey their objections to the Minister for Lands and the Minister for Planning.

Petition received.

Female boxing matches

Ms Voltz presented a petition from 1,221 citizens of New South Wales stating that women are currently prohibited under legislation from boxing within New South Wales, that New South Wales is the only State in Australia to have legislated the exclusion of female boxing matches, and requesting that the House amend the Boxing and Wrestling Control Act 1986 to allow women to compete in New South Wales.

Petition received.

Same-sex marriage legislation

Revd Mr Nile presented a petition from 29citizens of New South Wales requesting that the House observe and uphold the Commonwealth’s exclusive power to make laws with respect to marriage, recognise the definition of marriage in the Marriage Act 1961 as “the union of a man and a woman to the exclusion of all others, voluntarily entered into for life”, and defeat the Same-Sex Marriage Bill, Same-Sex Marriage (Dissolution and Annulment) Bill and Same-Sex Marriage (Celebrant and Registration) Bill.

Petition received.

Flags displayed in the Legislative Council chamber

Ms Voltz presented a petition from 42 citizens of New South Wales stating that the process of Aboriginal Reconciliation is dependant on all members of the community and must also be recognised by our parliaments both inside and outside the legislative chamber, and requesting that the House display the Aboriginal and Torres Strait Islander flags along with the New South Wales and Australian flags in the Legislative Council Chamber.

Petition received.

7NOTICES OF MOTIONS

8BUSINESS POSTPONED

Debate on committee reports and budget estimates, on motion of Mr Della Bosca, postponed until the next Wednesday on which debate on committee reports and budget estimates takes precedence.

9ANSWERS TO QUESTIONS WITHOUT NOTICE

The President informed the House of the publication in today’s Hansard of answers to questions without notice lodged with the Clerk since 28 June 2007.

10SELECT COMMITTEE ON ELECTORAL AND POLITICAL PARTY FUNDING—BALLOT TO CHOOSE CROSS BENCH MEMBERS

The President informed the House that the cross bench members had not reached agreement about representation on the Select Committee on Electoral and Political Party Funding, and that the following members had written to the Clerk nominating themselves for the two cross bench positions on the committee:

Mr Brown

Revd Mr Nile

Ms Rhiannon.

The President, according to standing order, advised that in the absence of agreement, representation on the committee is to be determined by the House.

Mr Della Bosca moved, without notice: That the two cross bench members to serve on the Select Committee on Electoral and Political Party Funding be chosen by ballot according to standing order 135.

Ms Rhiannon moved: That the question be amended by inserting at the end:

  1. That, before the ballot is held, the three cross bench members nominated for membership of the committee may speak for no longer than two minutes about their candidature.

Debate ensued.

Question: That the amendment of Ms Rhiannon be agreed to—put and passed.

Original question, as amended:

1.That the cross bench member to serve on the Select Committee on Electoral and Political Party Funding be chosen by ballot according to standing order 135.

2.That, before the ballot is held, the three cross bench members nominated for membership of the committee may speak for no longer than two minutes about their candidature—put and passed.

The President invited Mr Brown, Revd Mr Nile and Ms Rhiannon to address the House.

Mr Brown, Revd Mr Nile and Ms Rhiannon addressed the House.

The bells were rung for five minutes and the doors were locked.

The President informed the House of the procedure for the ballot.

Ballot papers were distributed and members lodged their votes with the Clerk.

The Clerk reported the result of the ballot to the President who declared Mr Brown and Revd Mr Nile elected as the cross bench members on the Select Committee on Electoral and Political Party Funding.

11PRIVILEGES COMMITTEE—CITIZEN'S RIGHT OF REPLY (Mr R Bailey)

Ms Griffin moved, according to notice: That the House adopt Report No. 37 of the Privileges Committee entitled “Citizen’s Right of Reply (Mr R Bailey)”, dated September 2007.

Debate ensued.

Question put and passed.

According to standing order, the response of Mr R Bailey was incorporated in Hansard.

12Visitors

The President invited attention to the presence in his gallery of Florence Naesol, John Taupongi and John Niuman, three staff members of the National Parliament of Solomon Islands here on a study tour.

13MESSAGE FROM THE LEGISLATIVE ASSEMBLY—LIQUOR AMENDMENT (SPECIAL EVENTS HOTEL TRADING) BILL 2007

The President reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly has this day passed a Bill titled “an Act to amend the Liquor Act 1982 to extend hotel trading hours on certain dates during the finals of the 2007 Rugby World Cup and to provide for hotel trading hours to be extended when other special events are held” and presents the same to the Legislative Council for its concurrence.

Legislative AssemblyRICHARD TORBAY

26 September 2007Speaker

Bill, on motion of Mr Roozendaal, read a first time and ordered to be printed.

Mr Roozendaal moved, according to contingent notice: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House.

Question put and passed.

Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.

14SUSPENSION OF STANDING AND SESSIONAL ORDERS—APEC MEETINGS IN SYDNEY

On the President calling on the Clerk to read the order of the day, Ms Hale moved, according to contingent notice: That standing and sessional orders be suspended to allow a motion to be moved forthwith that private members’ business item no. 78 outside the order of precedence relating to APEC meetings in Sydney be called on forthwith.

Debate ensued.

______

According to sessional order, proceedings interrupted at 12.00 noon for Questions.

______

15QUESTIONS

16PRECEDENCE OF BUSINESS

Mr Kelly sought the leave of the House to move a motion without notice relating to the precedence of general business this day.

No objection taken.

Leave granted.

Mr Kelly moved, by leave and without notice: That general business takes precedence of government business until 5.00 pm this day.

Question put and passed.

17MINISTERIAL STATEMENT

Mr Roozendaal made a ministerial statement in relation to traffic management by the Roads and Traffic Authority at the recent APEC meetings held in Sydney.

Mr Gay also addressed the House.

18SUSPENSION OF STANDING AND SESSIONAL ORDERS—APEC MEETINGS IN SYDNEY

Order of the day read for resumption of the interrupted debate of the question on the motion of Ms Hale: That standing and sessional orders be suspended to allow a motion to be moved forthwith that private members’ business item no. 78 outside the order of precedence relating to APEC meetings in Sydney be called on forthwith.

Question put.

The House divided.

Ayes 4

Mr Cohen *
Ms Hale / Dr Kaye * / Ms Rhiannon
* Tellers

Noes 30

Mr Ajaka
Mr Brown
Mr Catanzariti
Mr Clarke
Mr Colless
Ms Cusack
Mr Donnelly *
Ms Fazio
Ms Ficarra
Mr Gallacher / Mr Gay
Ms Griffin
Mr Harwin *
Mr Kelly
Mr Khan
Mr Lynn
Mr Mason-Cox
Revd Dr Moyes
Revd Mr Nile
Ms Parker / Mrs Pavey
Ms Robertson
Mr Roozendaal
Ms Sharpe
Mr Smith
Mr Tsang
Mr Veitch
Ms Voltz
Mr West
Ms Westwood
* Tellers

Question resolved in the negative.

19MESSAGES FROM THE LEGISLATIVE ASSEMBLY

The President reported the following messages from the Legislative Assembly:

(1)Crimes Amendment Bill 2007

Mr PRESIDENT

The Legislative Assembly has this day passed a Bill titled “an Act to amend the Crimes Act 1900 to increase penalties for the reckless infliction of grievous bodily harm, to replace malicious as a fault element of offences, to modernise blackmail offences and to make other reforms of the criminal law” and presents the same to the Legislative Council for its concurrence.

Legislative AssemblyRICHARD TORBAY

26 September 2007Speaker

(2)Motor Dealers Amendment Bill 2007

Mr PRESIDENT

The Legislative Assembly has this day passed a Bill titled “an Act to amend the Motor Dealers Act 1974 in relation to demonstrator motor vehicles and notices of disposal of second-hand motor vehicles” and presents the same to the Legislative Council for its concurrence.

Legislative AssemblyRICHARD TORBAY

26 September 2007Speaker

(3)Associations Incorporation Amendment (Cancellation of Incorporation) Bill 2007

Mr PRESIDENT

The Legislative Assembly has this day passed a Bill titled “an Act to amend the Associations Incorporation Act 1984 with respect to the cancellation of the incorporation of associations that are incorporated under that Act” and presents the same to the Legislative Council for its concurrence.

Legislative AssemblyRICHARD TORBAY

26 September 2007Speaker

Leave granted for procedural motions for the first reading, printing, suspension of standing orders and fixing of sitting day for second reading to be dealt with on one motion without formalities.

Bills, on motion of Mr Kelly, read a first time, printed, standing orders suspended on contingent notice for remaining stages and second reading of the bills set down as orders of the day for a later hour of the sitting.

20PUBLIC SCHOOL SYSTEM

Order of the day read for resumption of the interrupted debate of the question on the motion of Ms Fazio: That this House calls on the Deputy Leader of the Opposition and Education Spokesperson, Andrew Stoner, to apologise to educators in the public school system for his comments that schools are “a vehicle for left-wing indoctrination”, and that the Government should “rein in the PC culture” within the Department of Education and NSW Board of Studies.

Debate resumed.

Question put.

The House divided.

Ayes 21

Mr Catanzariti
Mr Cohen
Mr Costa
Mr Della Bosca
Mr Donnelly *
Ms Fazio
Ms Griffin / Ms Hale
Mr Hatzistergos
Dr Kaye
Mr Kelly
Mr Macdonald
Mr Obeid
Ms Rhiannon / Ms Robertson
Ms Sharpe
Mr Tsang
Mr Veitch *
Ms Voltz
Mr West
Ms Westwood
* Tellers

Noes 17

Mr Ajaka
Mr Brown
Mr Colless *
Ms Cusack
Ms Ficarra
Mr Gallacher / Miss Gardiner
Mr Gay
Mr Harwin *
Mr Khan
Mr Lynn
Mr Mason-Cox / Revd Dr Moyes
Revd Mr Nile
Ms Parker
Mrs Pavey
Mr Pearce
* Tellers

Pairs

Mr Roozendaal / Mr Clarke

Question resolved in the affirmative.

______

According to resolution of the House this day, it being 5.00 pm proceedings interrupted for government business.

______

21CRIMES AMENDMENT BILL 2007

On the order of the day being read, Mr Hatzistergos moved: That this bill be now read a second time.

Leave granted for the mover’s second reading speech to be incorporated in Hansard.

Debate ensued.

Question put.

The House divided.

Ayes 26

Mr Ajaka
Mr Brown
Mr Catanzariti
Mr Clarke
Mr Colless
Mr Donnelly *
Ms Fazio
Ms Ficarra
Miss Gardiner / Ms Griffin
Mr Harwin *
Mr Hatzistergos
Mr Khan
Mr Lynn
Revd Dr Moyes
Revd Mr Nile
Ms Parker
Mrs Pavey / Ms Robertson
Ms Sharpe
Mr Smith
Mr Tsang
Mr Veitch
Ms Voltz
Mr West
Ms Westwood
* Tellers

Noes 4

Mr Cohen
Ms Hale * / Dr Kaye * / Ms Rhiannon
* Tellers

Question resolved in the affirmative.

Bill read a second time.

Leave granted to proceed to the third reading of the bill forthwith.

Standing orders having been suspended this day—

Mr Hatzistergos moved: That this bill be now read a third time.

Debate ensued.

Question put and passed.

Bill read a third time.

Bill returned to the Legislative Assembly without amendment.

22LIQUOR AMENDMENT (SPECIAL EVENTS HOTEL TRADING) BILL 2007

On the order of the day being read, Ms Sharpe (on behalf of Mr Macdonald) moved: That this bill be now read a second time.

Debate ensued.

Question put and passed.

Bill read a second time.

The President left the Chair and the House sat as a committee of the whole for consideration of this bill.

The committee reported the bill with amendments.

The House adopted the report.

Standing orders having been suspended this day—

Bill, on motion of Ms Sharpe, read a third time.

Bill returned to the Legislative Assembly with the following amendments in which the concurrence of the Legislative Assembly was requested.

LIQUOR AMENDMENT (SPECIAL EVENTS HOTEL TRADING) BILL 2007

______

Schedule of theamendments referred to in the Legislative Council’s message of 26 September 2007.

No. 1Pages 4 and 5, Schedule 1, line 5 on page 4 to line 4 on page 5. Omit all words on those lines.

No. 2 Long title. Omit “and to provide for hotel trading hours to be extended when other special events are held”.

23ADJOURNMENT

Ms Sharpe moved: That this House do now adjourn.

Debate ensued.

Question put and passed.

The House adjourned at 6.21 pm until Thursday 27 September 2007 at 11.00 am.

24ATTENDANCE

All members present.

Lynn Lovelock

Clerk of the Parliaments

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Authorised by the Parliament of New South Wales