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Legislative Council Minutes No. 55—Wednesday 4 May 2016

821

LEGISLATIVE COUNCIL

MINUTES OF PROCEEDINGS

No. 55

WEDNESDAY 4 MAY 2016
Contents

1 Meeting of the House 823

2 Messsage from Her Majesty the Queen—Longest Serving British Monarch 823

3 Assent to Bills 824

4 Death of Former Member—The Honourable Nathanael Montgomery Orr 824

5 Messages from the Legislative Assembly 824

Cognate bills—

(1) Crimes (Serious Crime Prevention Orders) Bill 2016 824

(2) Crimsinal Legislation Amendment (Organised Crime and Public Safety) Bill 2016 824

6 Statement by President—Centenary of the First World War 825

7 Register of Disclosures by Members: Supplementary Ordinary Returns and Discretionary Returns—Pecuniary interests and other matters 825

8 NSW Association of Jewish Ex-Servicemen and Women wreath laying ceremony (Formal Business) 825

9 St Florian’s Day awards (Formal Business) 826

10 International Day of Mourning (Formal Business) 827

11 Ms Faye Druett OAM (Formal Business) 828

12 The Battle of Crete and Greek Campaign (Formal Business) 829

13 Gosford Library (Formal Business) 832

14 Renew Newcastle (Formal Business) 832

15 Ethnic Communities Council of Newcastle and the Hunter Region (Formal Business) 832

16 Newcastle Atheletics Field (Formal Business) 833

17 Printing of Tabled Papers 834

18 Legislation Review Committee—Report 834

19 Papers—Presented to Parliament out of Session 834

20 Statutory Rules and Instruments—Tabled by the Clerk 834

21 Unproclaimed Legislation 836

22 Auditor-General—Report 836

23 Standing Committee on Law and Justice—report 836

24 General Purpose Standing Committee No. 5—Government’s Response to Report 836

25 General Purpose Standing Committee No. 3—Government’s Response to Report 836

26 General Purpose Standing Committee No. 6—Government’s Response to Report 836

27 Return to Order—Under-dosing of chemotherapy patients 836

28 Petitions—Ministers’ Responses 837

29 Petitions 837

30 Notices of Motions 837

31 Business Postponed 837

32 Appointment of Executive Manager, Department of Parliamentary Services 838

33 Shooters and Fishers Party—Change of name to Shooters, Fishers and Farmers Party 838

34 Resignation of Government Whip 838

35 Appointment of New Government Whip 838

36 Ministerial Statement—Parliamentary Secretary 838

37 Answers to Questions without Notice 838

38 Message from the Legislative Assembly—State Revenue Legislation Amendment Bill 2016 838

39 Water NSW Amendment (Staff Transfers) Bill 2016 839

40 National Parks and Wildlife Amendment (Adjustment of Areas) Bill 2016 839

41 Papers—Tabled by Minister 839

42 Fines Amendment Bill 2016 840

43 Coastal Management Bill 2016 840

44 Norfolk Island Administration Bill 2016 840

45 Questions 841

46 State Revenue Legislation Amendment Bill 2016 841

47 Cognate bills—

Crimes (Serious Crime Prevention Orders) Bill 2016 841
Criminal Legislation Amendment (Organised Crime and Public Safety) Bill 2016 841

48 Message from the Legislative Assembly—Public Lotteries Amendment (Keno Licensing) Bill 2016 843

49 Cognate bills—

Crimes (Serious Crime Prevention Orders) Bill 2016 Criminal Legislation Amendment (Organised Crime and Public Safety) Bill 2016 843

50 Adjournment 857

51 Attendance 858

1  Meeting of the House

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

2  Messsage from Her Majesty the Queen—Longest Serving British Monarch

The President reported receipt of the following communication from the Official Secretary to the Governor, attaching a communication from Mr Edward Young, The Deputy Private Secretary to The Queen:

GOVERNMENT HOUSE

SYDNEY

Monday, 4 April 2016

The Clerk of the Parliaments

Dear Mr Blunt,

I write at His Excellency’s command to convey to you a copy of correspondence from Mr Edward Young, The Deputy Private Secretary to The Queen, regarding the Address from members of the Parliament of New South Wales that was made on the occasion of Her Majesty becoming the Longest Reigning Monarch.

His Excellency the Governor would appreciate if you could please communicate the contents of the letter from Mr Young to members of the Legislative Council.

Yours sincerely,

Michael Miller RFD

Official Secretary to the Governor of New South Wales

SANDRINGHAM HOUSE

9th January, 2016

Dear Governor,

Thank you for your letter of 16th September to Sir Christopher Geidt enclosing an Address from members of the Parliament of New South Wales to The Queen, on the occasion of Her Majesty becoming the Longest Reigning Monarch.

I have shown your letter and the enclosed Address to The Queen, who was pleased to receive it. This message comes to you and to all members of the Parliament of New South Wales with Her Majesty’s thanks and good wishes.

Yours sincerely

Edward Young

The Deputy Private Secretary to The Queen

General the Hon. David Hurley AC, DSC, (Ret’d).

3  Assent to Bills

The President reported receipt of messages from His Excellency the Governor intimating assent to the following bills:

Act No.

6 April 2016 2016

Electricity Supply Amendment (Advanced Meters) Bill 2016 8

Crimes (Domestic and Personal Violence) Amendment (National Domestic Violence

Orders Recognition) Bill 2016 9

Fair Trading Amendment (Fuel Price Transparency) Bill 2016 10

Assisted Reproductive Technology Amendment Bill 2016 11

Biofuels Amendment Bill 2016 12

4  Death of Former Member—The Honourable Nathanael Montgomery Orr

The President reported to the House the death, on Saturday 16 April 2016, of the Honourable Nathanael Montgomery Orr, aged 98 years, a member of the House from 1976 to 1984.

The President further reported that on behalf of the House he had extended to the family the deep sympathy of the Legislative Council in the loss sustained.

Members and officers of the House stood as a mark of respect.

5  Messages from the Legislative Assembly

The President reported receipt of the following messages from the Legislative Assembly:

Cognate bills—

(1) Crimes (Serious Crime Prevention Orders) Bill 2016

Mr President

The Legislative Assembly having this day passed a Bill with the long title “An Act to provide for the making of serious crime prevention orders and to make a consequential amendment to the Criminal Procedure Act 1986” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK

3 May 2016 Speaker

(2) Criminal Legislation Amendment (Organised Crime and Public Safety) Bill 2016

Mr President

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend certain Acts to make further provision with respect to organised crime and public safety” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK

3 May 2016 Speaker

Bills, on motion of Mr Gay, read a first time and ordered to be printed.

Mr Gay moved, according to sessional order: That standing orders be suspended to allow the passing of the bills through all their remaining stages during the present or any one sitting of the House.

Question put and passed.

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

6  Statement by President—Centenary of the First World War

The President made a statement marking the progress of the war on the Western Front and at home at the beginning of May 1916.

7  Register of Disclosures by Members: Supplementary Ordinary Returns and Discretionary Returns—Pecuniary interests and other matters

The President, according to the Constitution (Disclosures by Members) Regulation 1983, tabled a copy of the Register of Disclosures by Members of the Legislative Council: Supplementary Ordinary Returns for the period 1 July 2015 to 31 December 2015, and Discretionary Returns submitted since October 2015.

Ordered, on motion of Mr Gay: That the document be printed.

8  NSW Association of Jewish Ex-Servicemen and Women wreath laying ceremony (Formal Business)

Mr Clarke moved, according to notice:

1.  That this House notes that:

(a) on Sunday 17 April 2016, an Anzac Day commemoration and wreath laying ceremony organised by the New South Wales Association of Jewish Ex-Servicemen and Women was held at the Sydney Jewish Museum and New South Wales Jewish War Memorial, Darlinghurst, and

(b) those who attended as guests included:

(i) Colonel Mike Kelly AM (Ret’d), former Australian Army legal officer and federal parliamentarian, who addressed the event,

(ii) the Honourable Scott Farlow MLC, representing the Honourable Mike Baird MP, Premier,

(iii) the Honourable Greg Donnelly MLC, representing Mr Luke Foley MP, Leader of the Opposition,

(iv) the Honourable David Clarke MLC, Parliamentary Secretary for Justice,

(v) representatives of the Returned and Services League of New South Wales, Legacy and other ex-servicemen and women’s organisations,

(vi) representatives of numerous Jewish community groups.

2. That this House commends the New South Wales Association of Jewish Ex-Servicemen and Women for its long and ongoing service to members of Australia’s ex-servicemen and women’s community.

Question put and passed.

9  St Florian’s Day awards (Formal Business)

Mr Farlow moved, according to notice:

1. That this House notes that:

(a) St Florian’s Day, celebrated on 4 May each year, is a significant day for firefighters,

(b) St Florian, the patron saint of firefighters, was the first known commander of a firefighting squad in the Roman Empire and, like many of the brave firefighters who go out to protect our communities, lost his life in service, and

(c) St Florian’s Day is celebrated world over, notably as International Firefighters’ Day.

2. That this House notes that:

(a) the 2016 St Florian’s Day Honours and Awards Ceremony took place on Sunday 1 May 2016 at Bankstown District Sports Club,

(b) those who attended the ceremony included:

(i) Commissioner Greg Mullins AFSM,

(ii) Deputy Chief Executive Rosemary Milkins PSM,

(iii) Acting Deputy Commissioner Jim Hamilton AFSM,

(iv) Director Metropolitan Operations Rob McNeil AFSM,

(v) Director Community Safety Mark Whybro AFSM,

(vi) Acting Director Education & Training Graeme Finney OAM,

(vii) Area Commander Metropolitan East Marcus Baker AFSM,

(viii) the Honourable Scott Farlow MLC representing the Minister for Emergency Services, the Honourable David Elliott MP, and

(c) the awards serve to honour Fire and Rescue New South Wales (FRNSW) staff and members of the public who have been nominated to receive due recognition for their courage and determination, and that the awards given include Humanitarian Overseas Service Medals and awards from the FRNSW Honours and Awards Committee.

3. This House congratulates:

(a) the recipients of the Humanitarian Overseas Service Medal –Japan Deployment:

(i) Assistant Commissioner Ron McNeil of North Narrabeen,

(ii) Superintendent Ian Krimmer of Turramurra,

(iii) Superintendent Kim Reeson of Glenbrook,

(iv) Inspector Tim Fox of Sefton,

(v) Inspector Gary Meagher of Kirrawee,

(vi) Station Officer Clayton Allison of Bulli,

(vii) Station Officer Brett Butler of Cromer,

(viii) Station Officer David Cross of Barden Ridge,

(ix) Station Officer Rodney Davis of Heathcote,

(x) Station Officer Gregory Faulkner of Farmborough Heights,

(xi) Station Officer Bruce Fitzpatrick of Smithfield,

(xii) Station Officer Russell Turner of Cranebrook,

(xiii) Station Officer Craig Vincent of Kirrawee,

(xiv) Station Officer Jason Wood of Bondi,

(xv) Leading Firefighter Michael Packham of Heathcote,

(xvi) Senior Firefighter Adam Campbell of Macquarie Fields,

(xvii) Senior Firefighter Justin Clarke of Emu Heights,

(xviii) Senior Firefighter Jeffrey Fell of Wilberforce,

(xvix) Senior Firefighter Anthony Hatch of Griffith,

(xx) Senior Firefighter Darren Johnson of Farmborough Heights,

(xxi) Senior Firefighter Michael McHugh of Schofields,

(xxii) Senior Firefighter Anthony Northbrook-Hine of Mount Colah,

(xxiii) Senior Firefighter Pavel Novotny of Woolooware,

(xxiv) Senior Firefighter Peter Watson of Bowral,

(xxv) Senior Firefighter Dirk Zeikenheiner of Erina Heights,

(xxvi) Senior Firefighter Richard Stevens of Woollahra,

(b) the recipient of the Commendation for Courageous Action, Station Officer Darren Bofinger of Caringbah,

(c) the recipients of the Commissioner’s Commendation:

(i) Nabil Bardouh of Berala,

(ii) David Campbell of Glebe,

(iii) Bunny Kahaki of Dulwich Hill,

(d) the recipient of the Commendation for Meritorious Service, Chief Superintendent Greg Buckley of Leichhardt, and

(e) the recipient of the Resuscitation Award, Senior Firefighter Guy Fleming of Collaroy.

4. That this House commends not only the award recipients, but all the brave firefighters and members of our community who put their lives on the line.

Question put and passed.

10  International Day of Mourning (Formal Business)

Mr Donnelly moved, according to notice:

  1. That this House notes that:

(a) 28 April each year is recognised around the world as International Day of Mourning,

(b) the tradition was established in 1984 by the Canadian Union of Public Employees, and

(c) this memorial day provides the opportunity for communities to pause and reflect on workers killed, disabled and injured through workplace incidents or occupational disease.

  1. That this House notes that:

(a) in this State the peak union body, Unions NSW organised the first International Day of Mourning event in 1996, which was held outside the promenade of St Mary’s Cathedral and was called the Lilly for Life Day,

(b) a memorial day service has been held on 28 April each year since the inaugural event,

(c) in recent years the memorial day service has been held at Reflection Park, Little Pier Street, Darling Harbour, and in other locations in New South Wales,

(d) this year the International Day of Mourning memorial service was once again organised involving Unions NSW and SafeWork NSW,

(e) special guests who addressed the service included:

(i) Professor the Hon. Dame Marie Bashir AD CVO,

(ii) the Honourable Victor Dominello MP, Minister for Innovation and Better Regulation,

(iii) Mr Anthony Lean, Deputy Secretary Better Regulation,

(iv) the Honourable Luke Foley MP, Leader of the Opposition,

(f) reflections and prayers were given by Father John Boyle, St Bernadette’s Parish, Castle Hill, Reverend Bill Crews, Exodus Foundation and Imam Omar Habbouche, Lakemba Mosque,

(g) Mr Alan Brown spoke on behalf of the families present and about the tragic death of his son, Mr Patrick Brown, four years ago as a result of a workplace accident,

(h) those present, including a number of MLAs and MLCs who added ‘memory cards’ and flowers to the Memory Lines sculpture in honour of the deceased, included:

(i) the Honourable Adam Searle MLC, Leader of the Opposition in the Legislative Council,

(ii) Ms Tania Mihailuk MP, Shadow Minister for Family and Community Services,

(iii) the Honourable Greg Donnelly MLC, Deputy Opposition Whip in the Legislative Council,

(iv) the Honourable John Robertson MP, Member for Blacktown,