minutes 161 - 31 august 2010s.docx - parliament of nsw · web view2010/08/31  · 1975 legislative...

38
1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1 Meeting of the House..............................................1977 2 Distinguished visitors............................................1977 3 Death of a Member of the Legislative Council—The Honourable Roy Anthony Smith..................................................... 1977 4 Vacant Seat in the Legislative Council—Death of the Honourable Roy Anthony Smith..................................................... 1977 5 Assents to Bills..................................................1977 6 Assumption of the Administration of the Government by the Administrator..................................................... 1978 7 Assumption of the Administration of the Government by the Administrator..................................................... 1978 8 Re-assumption of the Administration of the Government by the Administrator..................................................... 1978 9 Re-assumption of the Administration of the Government by the Governor.......................................................... 1979 10 Assumption of the Administration of the Government by the Lieutenant-Governor...............................................1979 11 Re-assumption of the Administration of the Government by the Governor.......................................................... 1979 12 Assumption of the Administration of the Government by the Lieutenant-Governor...............................................1980 13 Re-assumption of the Administration of the Government by the Governor.......................................................... 1980 14 Assumption of the Administration of the Government by the Lieutenant-Governor...............................................1980

Upload: others

Post on 08-Oct-2020

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1975

LEGISLATIVE COUNCIL

MINUTES OF PROCEEDINGS

No. 161

TUESDAY 31 AUGUST 2010

Contents

1 Meeting of the House...............................................................................................................................19772 Distinguished visitors...............................................................................................................................19773 Death of a Member of the Legislative Council—The Honourable Roy Anthony Smith........................19774 Vacant Seat in the Legislative Council—Death of the Honourable Roy Anthony Smith.......................19775 Assents to Bills........................................................................................................................................19776 Assumption of the Administration of the Government by the Administrator.........................................19787 Assumption of the Administration of the Government by the Administrator.........................................19788 Re-assumption of the Administration of the Government by the Administrator.....................................19789 Re-assumption of the Administration of the Government by the Governor............................................197910 Assumption of the Administration of the Government by the Lieutenant-Governor..............................197911 Re-assumption of the Administration of the Government by the Governor............................................197912 Assumption of the Administration of the Government by the Lieutenant-Governor..............................198013 Re-assumption of the Administration of the Government by the Governor............................................198014 Assumption of the Administration of the Government by the Lieutenant-Governor..............................198015 Resignation of Ms Lee Rhiannon.............................................................................................................198116 Resignation of the Honourable John Della Bosca...................................................................................198117 Floods in Pakistan....................................................................................................................................198218 Ombudsman—Reports.............................................................................................................................198219 Independent Commission Against Corruption—Reports........................................................................198220 Parliamentary Ethics Adviser—Report....................................................................................................198321 Printing of Tabled Papers.........................................................................................................................198322 Papers—Tabled by Minister....................................................................................................................198323 Papers—Presented to Parliament out of Session.....................................................................................198324 Statutory Rules and Instruments—Tabled by the Clerk..........................................................................198425 Standing Committee on Law and Justice—Report..................................................................................199226 General Purpose Standing Committee No. 2—Report............................................................................199227 Legislation Review Committee—Report.................................................................................................199328 Standing Committee on Social Issues—Government’s Response to Report...........................................199329 Returns to Orders.....................................................................................................................................1993

(1) 2010-2011 Budget........................................................................................................................1993(2) NSW Fire Brigades.......................................................................................................................1993(3) Building Australia Fund...............................................................................................................1993

Page 2: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1976Legislative Council Minutes No. 161—Tuesday 31 August 2010

(4) 2010-2011 budget finances...........................................................................................................1994(5) Nucoal...........................................................................................................................................1994(6) Hazard Reduction Planning..........................................................................................................1994(7) Nepean Hospital—Further Order.................................................................................................1995

30 Disputed Claim of Privilege—CBD Metro Rail—Further Order—Tabling of Privileged Documents...............................................................................................................................................1995

31 Shooters Party—Change of Name to Shooters and Fishers Party...........................................................199532 Petitions....................................................................................................................................................199533 Notices of Motions...................................................................................................................................199734 Answers To Questions Without Notice...................................................................................................199735 Committees—Membership......................................................................................................................199736 Condolence Motion—The Honourable Roy Anthony Smith..................................................................199737 Questions..................................................................................................................................................199838 Paper—Tabled by Minister......................................................................................................................199839 Adjournment............................................................................................................................................199840 Attendance...............................................................................................................................................1998

Page 3: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1977Legislative Council Minutes No. 161—Tuesday 31 August 2010

1 MEETING OF THE HOUSE

The House met at 2.30 pm according to adjournment. The President took the Chair and read the prayers.

The President acknowledged the Gadigal clan of the Eora nation and its elders and thanked them for their custodianship of this land.

2 DISTINGUISHED VISITORS

The President invited attention to the presence in her gallery of Mrs Pauline Smith, wife of the Honourable Roy Anthony Smith, and Mr Carl Smith, their eldest son.

3 DEATH OF A MEMBER OF THE LEGISLATIVE COUNCIL—THE HONOURABLE ROY ANTHONY SMITH

The President informed the House that the sad duty had devolved to her to announce to the House the death on 31 July 2010 of the Honourable Roy Anthony Smith, a member of this House since 2007.

Members and officers stood as a mark of respect.

4 VACANT SEAT IN THE LEGISLATIVE COUNCIL—DEATH OF THE HONOURABLE ROY ANTHONY SMITH

The President announced to the House the receipt, from the Registry of Births Deaths and Marriages, of a death extract certificate recording the death of the Honourable Roy Smith on 31 July 2010, and that an entry recording his death has been made in the Register of Members of the Legislative Council.

The President further announced that, in accordance with the provisions of section 22G (8) of the Constitution Act 1902, Her Excellency the Governor had been notified that the seat of the Honourable Roy Anthony Smith became vacant before the expiration of his term of service through his death, on 31 July 2010, which notification has been duly acknowledged by Her Excellency.

5 ASSENTS TO BILLS

The President reported messages from Her Excellency the Governor intimating assent to the following bills:

Act No.28 June 2010 2010

Appropriation Bill 2010.............................................................................................................................43Appropriation (Parliament) Bill 2010........................................................................................................44Appropriation (Special Offices) Bill 2010.................................................................................................45State Revenue Legislation Amendment Bill 2010.....................................................................................46Banana Industry Repeal Bill 2010.............................................................................................................47Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Bill 2010...........................48Duties Amendment (NSW Home Builders Bonus) Bill 2010...................................................................49Electricity and Gas Supply Legislation Amendment (Retail Price Disclosures and Comparisons)

Bill 2010.........................................................................................................................................50Fair Trading Amendment (Unfair Contract Terms) Bill 2010...................................................................51Health Legislation Amendment Bill 2010.................................................................................................52Home Building Amendment (Warranties and Insurance) Bill 2010..........................................................53Industrial Relations Amendment (Public Sector Appeals) Bill 2010........................................................54Jury Amendment Bill 2010........................................................................................................................55Parliamentary Contributory Superannuation Amendment Bill 2010.........................................................56

Page 4: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1978Legislative Council Minutes No. 161—Tuesday 31 August 2010

Personal Property Securities Legislation Amendment Bill 2010...............................................................57Police Legislation Amendment (Recognised Law Enforcement Officers) Bill 2010................................58Statute Law (Miscellaneous Provisions) Bill 2010....................................................................................59Superannuation Legislation Amendment Bill 2010...................................................................................60Commercial Arbitration Bill 2010.............................................................................................................61Community Relations Commission and Principles of Multiculturalism Amendment Bill 2010...............62Courts Legislation Amendment Bill 2010.................................................................................................63

6 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE ADMINISTRATOR

The President reported the following message from the Honourable Justice James Allsop, Administrator of the State of New South Wales:

Office of the GovernorSydney 2000

J AllsopADMINISTRATOR

The Honourable Justice James Allsop, Administrator of the State of New South Wales, has the honour to inform the Legislative Council that, consequent on the Governor of New South Wales, Professor Marie Bashir being absent, he has this day assumed the administration of the Government of the State.

12 July 2010

7 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE ADMINISTRATOR

The President reported the following message from the Honourable Justice Margaret Beazley, Administrator of the State of New South Wales:

Office of the GovernorSydney 2000

M BeazleyADMINISTRATOR

The Honourable Justice Margaret Beazley, Administrator of the State of New South Wales, has the honour to inform the Legislative Council that, consequent on the Administrator of the State of New South Wales, the Honourable Justice James Allsop, being absent from the State, she has this day assumed the administration of the Government of the State.

16 July 2010

8 RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE ADMINISTRATOR

The President reported the following message from the Honourable Justice James Allsop, Administrator of the State of New South Wales:

Office of the GovernorSydney 2000

J AllsopADMINISTRATOR

Page 5: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1979Legislative Council Minutes No. 161—Tuesday 31 August 2010

The Honourable Justice James Allsop, Administrator of the State of New South Wales has the honour to inform the Legislative Council, 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 re-assumed the administration of the Government of the State.

17 July 2010

9 RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE GOVERNOR

The President reported the following message from Her Excellency the Governor:

Office of the GovernorSydney 2000

Marie BashirGOVERNOR

Professor Marie Bashir, Governor of New South Wales has the honour to inform the Legislative Council that she re-assumed the administration of the Government of the State at 7.15pm on 21 July 2010.

21 July 2010

10 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE LIEUTENANT-GOVERNOR

The President reported the following message from His Excellency the Lieutenant-Governor:

Office of the GovernorSydney 2000

J J SpigelmanLIEUTENANT-GOVERNOR

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 Council 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 11:00am assumed the administration of the Government of the State.

29 July 2010

11 RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE GOVERNOR

The President reported the following message from Her Excellency the Governor:

Office of the GovernorSydney 2000

Marie BashirGOVERNOR

Professor Marie Bashir, Governor of New South Wales has the honour to inform the Legislative Council that she re-assumed the administration of the Government of the State at 7.30pm on 30 July 2010.

30 July 2010

Page 6: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1980Legislative Council Minutes No. 161—Tuesday 31 August 2010

12 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE LIEUTENANT-GOVERNOR

The President reported the following message from His Excellency the Lieutenant-Governor:

Office of the GovernorSydney 2000

J J SpigelmanLIEUTENANT-GOVERNOR

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 Council 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 10:00am assumed the administration of the Government of the State.

14 August 2010

13 RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE GOVERNOR

The President reported the following message from Her Excellency the Governor:

Office of the GovernorSydney 2000

Marie BashirGOVERNOR

Professor Marie Bashir, Governor of New South Wales has the honour to inform the Legislative Council that she re-assumed the administration of the Government of the State at 8.30pm on 16 August 2010.

16 August 2010

14 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE LIEUTENANT-GOVERNOR

The President reported the following message from His Excellency the Lieutenant-Governor:

Office of the GovernorSydney 2000

J J SpigelmanLIEUTENANT-GOVERNOR

The Honourable James Spigelman, Lieutenant-Governor of New South Wales has the honour to inform the Legislative Council that he assumed the administration of the Government of the State on 28 August 2010, from 5pm.

28 August 2010

Page 7: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1981Legislative Council Minutes No. 161—Tuesday 31 August 2010

15 RESIGNATION OF MS LEE RHIANNON

The President reported receipt of the following communication from the Honourable Justice James Allsop, Administrator of the State of New South Wales:

Office of the GovernorSydney 2000

19 July 2010

The Honourable Amanda Fazio MLCPresident of the Legislative CouncilParliament HouseMacquarie StreetSYDNEY NSW 2000

Dear President

I have the honour to inform you that I have received a letter from the Honourable Lee Rhiannon MLC tendering her resignation as a Member of the Legislative Council of New South Wales. This was received by the Official Secretary today, 19 July 2010.

I have acknowledged receipt of the letter from Ms Rhiannon and have informed her that you have been advised of her resignation.

Yours sincerelyThe Honourable Justice James AllsopAdministrator of the State of New South Wales

The President informed the House that she had acknowledged the communication and that an entry regarding the resignation of Ms Lee Rhiannon had been made in the Register of Members of the Legislative Council.

16 RESIGNATION OF THE HONOURABLE JOHN DELLA BOSCA

The President reported receipt of the following communication from Her Excellency the Governor:

Office of the GovernorSydney 2000

2 August 2010

The Honourable Amanda Fazio MLCPresident of the Legislative CouncilParliament HouseMacquarie StreetSYDNEY NSW 2000

Dear President

I have the honour to inform you that I have received a letter, dated 30 July 2010, from the Honourable John Della Bosca MLC tendering his resignation as a Member of the Legislative Council of New South Wales.

Page 8: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1982Legislative Council Minutes No. 161—Tuesday 31 August 2010

I have acknowledged receipt of the letter from Mr Della Bosca and have informed him that you have been advised of his resignation.

Yours sincerelyProfessor Marie Bashir AC CVOGovernor of New South Wales

The President informed the House that she had acknowledged the communication and that an entry regarding the resignation of Mr John Della Bosca had been made in the Register of Members of the Legislative Council.

17 FLOODS IN PAKISTAN

The President informed the House that, on behalf of members of the Legislative Council and the people of New South Wales, she had sent a message of condolence to the Consul General of Pakistan expressing sympathy to the relatives and friends of people who were killed, injured or made homeless by the current floods in Pakistan.

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

18 OMBUDSMAN—REPORTS

The President, according to the Ombudsman Act 1974, tabled the following reports of the Ombudsman:

1. Special report entitled “The need to better support children and young people in statutory care who have been victims of violent crime: A report arising from an investigation into the NSW Department of Human Services (Community Services)”, dated June 2010, received out of session and authorised to be made public on 30 June 2010.

2. Special report entitled “People with disabilities and the closure of residential centres”, dated August 2010, received out of session and authorised to be made public on 26 August 2010.

Ordered, on motion of Mr Kelly: That the reports be printed.

19 INDEPENDENT COMMISSION AGAINST CORRUPTION—REPORTS

The President, according to the Independent Commission Against Corruption Act 1988, tabled the following reports of the Independent Commission Against Corruption:

1. Report entitled “Investigation into the submission of false claims for sitting day relief payments by a NSW MP and members of her electorate staff”, dated July 2010, received out of session and authorised to be made public on 13 July 2010.

2. Report entitled “Investigation into the smuggling of contraband into the John Morony Correctional Centre”, dated July 2010, received out of session and authorised to be made public on 27 July 2010.

3. Report entitled “Investigation into attempted corrupt payment and submission of false resumés to public authorities”, dated August 2010, received out of session and authorised to be made public on 12 August 2010.

Ordered, on motion of Mr Kelly: That the reports be printed.

Page 9: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1983Legislative Council Minutes No. 161—Tuesday 31 August 2010

20 PARLIAMENTARY ETHICS ADVISER—REPORT

The President, according to the terms of the agreement made with the Clerk of the Parliaments and the Clerk of the Legislative Assembly, tabled the annual report of the Parliamentary Ethics Adviser for year ended 30 June 2010.

21 PRINTING OF TABLED PAPERS

According to standing order, Mr Robertson tabled a list of papers tabled and not ordered to be printed since 1 June 2010.

22 PAPERS—TABLED BY MINISTER

Mr Robertson tabled the following paper:

(1) Report of Independent Transport Safety and Reliability Regulator entitled “Implementation of the NSW Government’s response to the Final Report of the Special Commission of Inquiry into the Waterfall Accident—Reporting period April – June 2010”.

Ordered: That the report be printed.

Mr Robertson further tabled the following papers:

(2) Independent Pricing and Regulatory Tribunal Act 1992—

(a) Report of Independent Pricing and Regulatory Tribunal entitled “Review of bulk water charges for State Water Corporation, from 1 July 2010 to 30 June 2014: Water—Determination and Final Report”, dated June 2010

(b) Report of Independent Pricing and Regulatory Tribunal entitled “Review of prices for Country Energy’s water and sewerage services, from 1 July 2010 to 30 June 2013: Water—Determination and Final Report”, dated June 2010.

23 PAPERS—PRESENTED TO PARLIAMENT OUT OF SESSION

The Clerk announced receipt of the following reports presented since the last sitting of the House:

(1) Annual Reports (Statutory Bodies) Act 1984—

(a) Report of Wild Dog Destruction Board for year ended 31 December 2009

(b) Report of Wine Grapes Marketing Board for year ended 31 December 2009.

(2) Criminal Procedure Act 1986—Report of Ombudsman entitled “Review of the impact of Criminal Infringement Notices on Aboriginal communities”, dated August 2009.

(3) Industrial Relations Act 1996—Report of Industrial Relations Commission for year ended 31 December 2009.

(4) Law Enforcement (Powers and Responsibilities) Act 2002—Report of the Ombudsman entitled “Report under Section 242(3) of the Law Enforcement (Powers and Responsibilities) Act 2002: for the period ending 28 May 2010”, dated July 2010.

(5) Law Reform Commission Act 1967—Report No. 120 of NSW Law Reform Commission entitled “Invasion of privacy”, dated April 2009.

Page 10: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1984Legislative Council Minutes No. 161—Tuesday 31 August 2010

(6) Motor Sports (World Rally Championship) Act 2009—Report entitled “A review of the impact on the Northern Rivers region of the World Rally Championship 2009: Repco Rally”, dated 16 April 2010.

(7) Passenger Transport Act 1990—Report entitled “Bus Safety Investigation Report: Unsecured Bus Floor Hatch, Castle Hill, 19 March 2010”.

(8) Snowy Hydro Corporatisation Act 1997—Report of Snowy Hydro Limited for year ended 4 July 2009.

(9) State Owned Corporations Act 1989—

(a) Report of Transport Infrastructure Development Corporation for six months ended 31 December 2009

(b) Statement of Corporate Intent of Transport Infrastructure Development Corporation for year ended 30 June 2010.

(10) Terrorism (Police Powers) Act 2002—Report of NSW Police Force under section 27ZB of the Act for year ended 30 June 2006.

(11) Victims Support and Rehabilitation Act 1996—Report of Victims Compensation Tribunal for year ended 30 June 2009.

24 STATUTORY RULES AND INSTRUMENTS—TABLED BY THE CLERK

The Clerk tabled the following statutory rules and instruments, published on the NSW Legislation website or in the Government Gazette to Friday 27 August 2010:

(1) Animal Research Act 1985—Animal Research Regulation 2010 (LW 13/8/2010)

(2) Annual Reports (Departments) Act 1985—

(a) Annual Reports (Departments) Regulation 2010 (LW 27/8/2010)

(b) Annual Reports (Statutory Bodies) Regulation 2010 (LW 27/8/2010)

(3) Apprenticeship and Traineeship Act 2001—Apprenticeship and Traineeship Regulation 2010 (LW 30/7/2010)

(4) Biofuels Act 2007—Biofuels Amendment (Primary Wholesalers) Regulation 2010 (LW 6/8/2010)

(5) Births, Deaths and Marriages Registration Act 1995—Births, Deaths and Marriages Registration Amendment (Fees) Regulation 2010 (LW 30/7/2010)

(6) Building Professionals Act 2005—

(a) Building Professionals Amendment Regulation 2010 (LW 27/8/2010)

(b) Notice of amendment of accreditation scheme adopted by the Minister under section 4 (7) (Gazette 94, 23/7/2010, p 3600)

Page 11: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1985Legislative Council Minutes No. 161—Tuesday 31 August 2010

(7) Building and Construction Industry Long Service Payments Act 1986—Building and Construction Industry Amendment (Industrial Instruments) Regulation 2010 (LW 1/7/2010)

(8) Catchment Management Authorities Act 2003—Catchment Management Authorities (Hunter Central Rivers) Regulation 2010 (LW 27/8/2010)

(9) Children and Young Persons (Care and Protection) Act 1998—Children and Young Persons (Care and Protection) (Child Employment) Regulation 2010 (LW 20/8/2010)

(10) Children (Criminal Proceedings) Act 1987—Children (Criminal Proceedings) Amendment (Youth Conduct Orders) Regulation 2010 (LW 25/6/2010)

(11) Children (Community Service Orders) Act 1987—Children (Community Service Orders) Regulation 2010 (LW 6/8/2010)

(12) Children (Detention Centres) Act 1987—Children (Detention Centres) Regulation 2010 (LW 27/8/2010)

(13) Children’s Court Act 1987—

(a) Practice Note No. 2 (Gazette 94, 23/7/2010, p 3621)

(b) Practice Note No. 2—Erratum (Gazette 95, 26/7/2010, p 3649)

(14) Civil Procedure Act 2005—

(a) Civil Procedure Amendment (Fees) Regulation 2010 (LW 1/7/2010)

(b) Local Court Practice Note No. 1 of 2010 (Gazette 90, 2/7/2010, p 3246)

(c) Local Court Practice Note No. 3 of 2010—Pre-judgment Interest Rates (Gazette 90, 2/7/2010, p 3251)

(d) Practice Note—Land and Environment Court of NSW—Pre-judgment Interest Rates (Gazette 84, 25/6/2010, p 2968)

(e) Practice Note DC (Civil) No. 15—District Court—Pre-judgment interest rates (Gazette 84, 25/6/2010, p 2968)

(f) Practice Note SC EQ 2—Supreme Court Equity Division—Admiralty List (Gazette 90, 2/7/2010, p 3251)

(g) Practice Note SC Gen 3—Copying of court documents (Gazette 84, 25/6/2010, p 2955)

(h) Practice Note SC Gen 13—Supreme Court—Search Orders (also known as “Anton Piller Orders”) (Gazette 84, 25/6/2010, p 2957)

(i) Practice Note SC Gen 14—Supreme Court—Freezing Orders (also known as “Mareva orders” or “asset preservation orders”) (Gazette 84, 25/6/2010, p 2963)

(j) Practice Note SC Gen 16—Supreme Court—Pre-judgment interest rates (Gazette 84, 25/6/2010, p 2968)

Page 12: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1986Legislative Council Minutes No. 161—Tuesday 31 August 2010

(k) Uniform Civil Procedure Rules (Amendment No 33) 2010 (LW 25/6/2010)

(l) Uniform Civil Procedure Rules (Amendment No 34) 2010 (LW 25/6/2010)

(15) Confiscation of Proceeds of Crime Act 1989—Confiscation of Proceeds of Crime Regulation 2010 (LW 27/8/2010)

(16) Consumer, Trader and Tenancy Tribunal Act 2001—

(a) Consumer, Trader and Tenancy Tribunal Amendment (Commercial Division Fees) Regulation 2010 (LW 6/8/2010)

(b) Consumer, Trader and Tenancy Tribunal Amendment (Electronic Case Management System) Regulation 2010 (LW 25/6/2010)

(17) Conveyancing Act 1919—

(a) Conveyancing (General) Amendment (Fees) Regulation 2010 (LW 1/7/2010)

(b) Conveyancing (Sale of Land) Regulation 2010 (LW 27/8/2010)

(18) Coroners Act 2009—Coroners Regulation 2010 (LW 30/7/2010)

(19) Crimes Act 1900—Crimes Regulation 2010 (LW 20/8/2010)

(20) Crimes (Interstate Transfer of Community Based Sentences) Act 2004—Crimes (Interstate Transfer of Community Based Sentences) Regulation 2010 (LW 20/8/2010)

(21) Crimes (Sentencing Procedure) Act 1999—

(a) Crimes (Sentencing Procedure) Amendment (Intensive Correction Orders) Regulation 2010 (LW 20/8/2010)

(b) Crimes (Sentencing Procedure) Regulation 2010 (LW 6/8/2010)

(22) Criminal Case Conferencing Trial Act 2008—Criminal Case Conferencing Trial Amendment (Extension) Regulation 2010 (LW 25/6/2010)

(23) Criminal Procedure Act 1986—

(a) Criminal Procedure Amendment (Fees) Regulation 2010 (LW 1/7/2010)

(b) Criminal Procedure Regulation 2010 (LW 27/8/2010)

(24) Criminal Records Act 1991—Criminal Records Amendment (Sexual Offences) Regulation 2010 (LW 25/6/2010)

(25) Crown Lands Act 1989—proposed revocation of dedication of land under section 84 (2) (Gazette 99, 6/8/2010, p 3729)

(26) Director of Public Prosecutions Act 1986—Director of Public Prosecutions Regulation 2010 (LW 30/7/2010)

(27) Driving Instructors Act 1992—Driving Instructors Amendment (Fees) Regulation 2010 (LW 25/6/2010)

Page 13: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1987Legislative Council Minutes No. 161—Tuesday 31 August 2010

(28) Drug Court Act 1998—Drug Court Regulation 2010 (LW 6/8/2010)

(29) Dust Diseases Tribunal Act 1989—Dust Diseases Tribunal Amendment (Fees) Regulation 2010 (LW 1/7/2010)

(30) Electricity Supply Act 1995—

(a) Electricity Supply (General) Amendment (Infrastructure Protection) Regulation 2010 (LW 1/7/2010)

(b) Electricity Supply (General) Amendment (Solar Bonus Scheme) Regulation 2010 (LW 25/6/2010)

(31) Electronic Transactions Act 2000—

(a) Electronic Transactions Amendment (Legal Profession) Regulation 2010 (LW 30/7/2010)

(b) Electronic Transactions Amendment Regulation 2010 (LW 25/6/2010)

(32) Exhibited Animals Protection Act 1986—Exhibited Animals Protection Regulation 2010 (LW 20/8/2010)

(33) Fair Trading Act 1987—

(a) Fair Trading Amendment (Aquatic Toys and Flotation Aids) Regulation 2010 (LW 25/6/2010)

(b) Revocation of Prohibition Order under section 31 (Gazette 84, 25/6/2010, p 2952)

(34) Fines Act 1996—Fines Regulation 2010 (LW 6/8/2010)

(35) Fisheries Management Act 1994—

(a) Fisheries Management (General) Regulation 2010 (LW 27/8/2010)

(b) Fisheries Management Legislation Amendment (Fees, Charges and Contributions) Regulation 2010 (LW 25/6/2010)

(36) Food Act 2003—Food Amendment (Beef Labelling) Regulation 2010 (LW 20/8/2010)

(37) Gambling (Two-up) Act 1998—Gambling (Two-up) Regulation 2010 (LW 6/8/2010)

(38) Gaming Machines Act 2001—Gaming Machines Regulation 2010 (LW 27/8/2010)

(39) Gas Supply Act 1996—Gas Supply (Safety and Network Management) Amendment (Infrastructure Protection) Regulation 2010 (LW 1/7/2010)

(40) Guardianship Act 1987—Guardianship Regulation 2010 (LW 13/8/2010)

(41) Health Administration Act 1982—Health Administration Regulation 2010 (LW 13/8/2010)

(42) Health Practitioner Regulation National Law (NSW)—Health Practitioner Regulation National Law Regulation (Victorian Government Printer, 22/6/2010)

Page 14: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1988Legislative Council Minutes No. 161—Tuesday 31 August 2010

(43) Health Practitioner Regulation National Law (NSW)—Health Practitioner Regulation (New South Wales) Regulation 2010 (LW 1/7/2010)

(44) Hunter Water Act 1991—Hunter Water Regulation 2010 (LW 27/8/2010)

(45) Industrial Relations Act 1996—

(a) Industrial Relations (General) Amendment (Fees) Regulation 2010 (LW 1/7/2010)

(b) Practice Note No. 22 (Gazette 99, 6/8/2010, p 3761)

(c) Practice Note No. 23 (Gazette 99, 6/8/2010, p 3765)

(d) Practice Note No. 24 (Gazette 99, 6/8/2010, p 3768)

(e) Practice Note No. 25 (Gazette 99, 6/8/2010, p 3770)

(f) Practice Note No. 26 (Gazette 99, 6/8/2010, p 3771)

(46) Institute of Teachers Act 2004—Institute of Teachers Regulation 2010 (LW 27/8/2010)

(47) Jury Act 1977—Jury Regulation 2010 (LW 30/7/2010)

(48) Law Enforcement and National Security (Assumed Identities) Act 1998—Law Enforcement and National Security (Assumed Identities) Regulation 2010 (LW 6/8/2010)

(49) Law Enforcement (Controlled Operations) Act 1997—Law Enforcement (Controlled Operations) Amendment Regulation 2010 (LW 25/6/2010)

(50) Legal Profession Act 2004—Rule amending Legal Profession Admission Rules 2005 (Gazette 90, 2/7/2010, p 3254)

(51) Library Act 1939—Library Regulation 2010 (LW 20/8/2010)

(52) Local Court Act 2007—

(a) Amended Practice Note 1 of 2000—Legal Costs (Gazette 105, 20/8/2010, p 3938)

(b) Chief Industrial Magistrate’s Court Practice Note No. 1 of 2005 Re-issued (Gazette 105, 20/8/2010, p 3975)

(c) Local Court Practice Note No: 5 of 2002 Re-issued (Gazette 105, 20/8/2010, p 3946)

(d) Local Court Practice Note No: 7 of 2003 Re-issued (Gazette 105, 20/8/2010, p 3950)

(e) Local Court Practice Note No: 10 of 2003 Re-issued (Gazette 105, 20/8/2010, p 3951)

(f) Local Court Practice Note No: 11 of 2003 Re-issued (Gazette 105, 20/8/2010, p 3953)

(g) Local Court Practice Note No. 1 of 2004 Re-issued (Gazette 105, 20/8/2010, p 3954)

(h) Local Court Practice Note No. 3 of 2004 Re-issued (Gazette 105, 20/8/2010, p 3955)

(i) Local Court Practice Note No. 3 of 2005 Re-issued (Gazette 105, 20/8/2010, p 3969)

(j) Local Court Practice Note No. 4 of 2005 Re-issued (Gazette 105, 20/8/2010, p 3974)

Page 15: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1989Legislative Council Minutes No. 161—Tuesday 31 August 2010

(k) Practice Note 1/2001 Re-issued (Gazette 105, 20/8/2010, p 3940)

(l) Practice Note 1 of 2005 Re-issued (Gazette 105, 20/8/2010, p 3958)

(m) Practice Note 2 of 2005 Re-issued (Gazette 105, 20/8/2010, p 3964)

(53) Local Government Act 1993—Local Government (General) Amendment (Minimum Rates) Regulation 2010 (LW 30/7/2010)

(54) Marine Safety Act 1998—Marine Safety (General) Amendment (Fees) Regulation 2010 (LW 30/7/2010)

(55) Mental Health Act 2007—Mental Health Amendment (Psychosurgery) Regulation 2010 (LW 27/8/2010)

(56) Motor Dealers Act 1974—Motor Dealers Regulation 2010 (LW 27/8/2010)

(57) Motor Vehicle Sports (Public Safety) Act 1985—Motor Vehicle Sports (Public Safety) Regulation 2010 (LW 27/8/2010)

(58) Mount Panorama Motor Racing Act 1989—Mount Panorama Motor Racing Regulation 2010 (LW 27/8/2010)

(59) National Parks and Wildlife Act 1974—

(a) Errata (Gazette 108, 27/8/2010, p 4290)

(b) National Parks and Wildlife Amendment Regulation 2010 (LW 2/7/2010)

(c) Notice of Reservation of a Historic Site under section 30A (1) and (2)—reserve land as South Solitary Island Historic Site (Gazette 99, 6/8/2010, p 3774)

(d) Notice of Reservation of a National Park under section 30A (1)—reserve land as part of Curracabundi National Park (Gazette 99, 6/8/2010, p 3775)

(e) Notice of Reservation of a National Park under section 30A (1)—reserve land as part of Capertee National Park (Gazette 84, 25/6/2010, p 2954)

(f) Notice of Reservation of a Nature Reserve under section 30A (1)—reserve land as part of Goorooyarroo Nature Reserve (Gazette 99, 6/8/2010, p 3774)

(g) Notice of Reservation of a National Park under section 30A (1)—reserve land as part of Kings Plains National Park (Gazette 105, 20/8/2010, p 3933)

(h) Notice of Reservation of a National Park under section 30A (1)—reserve land as part of Kwiambal National Park (Gazette 105, 20/8/2010, p 3933)

(i) Notice of Reservation of a Nature Reserve under section 30A (1) and (2)—reserve land as Barwon Nature Reserve (Gazette 99, 6/8/2010, p 3773)

(j) Notice of Reservation of a Nature Reserve under section 30A (1) and (2)—reserve land as Ginghet Nature Reserve (Gazette 99, 6/8/2010, p 3775)

(k) Notice of Reservation of a State Conservation Area under section 30A (1) and (2)—reserve land as Barwon State Conservation Area (Gazette 99, 6/8/2010, p 3773)

(l) Notice of Reservation of Land under section 30A (1) and 30A (2)—(Gazette 100, 13/8/2010, p 3853)

(60) NSW Trustee and Guardian Act 2009—

(a) NSW Trustee and Guardian Amendment (Reciprocal Arrangements) Regulation 2010 (LW 25/6/2010)

Page 16: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1990Legislative Council Minutes No. 161—Tuesday 31 August 2010

(b) NSW Trustee and Guardian Amendment (Transitional Periods) Regulation 2010 (LW 25/6/2010)

(61) Parramatta Stadium Trust Act 1988—Parramatta Stadium Trust By-law 2010 (LW 27/8/2010)

(62) Passenger Transport Act 1990—

(a) Passenger Transport Amendment (Taxi Licensing) Regulation 2010 (LW 2/7/2010)

(b) Passenger Transport (Drug and Alcohol Testing) Amendment Regulation 2010 (LW 23/7/2010)

(c) Passenger Transport (Drug and Alcohol Testing) Regulation 2010 (LW 27/8/2010)

(63) Photo Card Act 2005—Photo Card Amendment (Fees and Penalty Notice Offences) Regulation 2010 (LW 25/6/2010)

(64) Plant Diseases Act 1924—OR 109: Order under Section 13A (Gazette 108, 27/8/2010, p 4004)

(65) Poisons and Therapeutic Goods Act 1966—Poisons and Therapeutic Goods Amendment (Fees) Regulation 2010 (LW 27/8/2010)

(66) Police Regulation (Superannuation) Act 1906—Police Superannuation Regulation 2010 (LW 27/8/2010)

(67) Ports and Maritime Administration Act 1995—Ports and Maritime Administration Amendment (Site Occupation Charges) Regulation 2010 (LW 27/8/2010)

(68) Professional Standards Act 1994—Notification pursuant to section 13—New South Wales Bar Association Professional Standards Scheme (Gazette 84, 25/6/2010, p 2969)

(69) Property (Relationships) Act 1984—Property (Relationships) Regulation 2010 (LW 20/8/2010)

(70) Protection of the Environment Operations Act 1997—Protection of the Environment Operations (Clean Air) Regulation 2010 (LW 13/8/2010)

(71) Public Finance and Audit Act 1983—Public Finance and Audit Regulation 2010 (LW 30/7/2010)

(72) Public Sector Employment and Management Act 2002—Public Sector Employment and Management (Goods and Services) Regulation 2010 (LW 20/8/2010)

(73) Racing Appeals Tribunal Act 1983—Racing Appeals Tribunal Regulation 2010 (LW 27/8/2010)

(74) Relationships Register Act 2010—Relationships Register Regulation 2010 (LW 1/7/2010)

(75) Road Transport (Driver Licensing) Act 1998—

(a) Road Transport (Driver Licensing) Amendment (Demerit Point Offences) Regulation 2010 (LW 30/7/2010)

(b) Road Transport (Driver Licensing) Amendment (Fees) Regulation 2010 (LW 25/6/2010)

(c) Road Transport (Driver Licensing) Amendment (Over-height Vehicle Offences) Regulation 2010 (LW 30/7/2010)

(76) Road Transport (General) Act 2005—

(a) Road Transport (General) Amendment (Over-height Vehicle Offences) Regulation 2010 (LW 30/7/2010)

(b) Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2010 (LW 25/6/2010)

Page 17: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1991Legislative Council Minutes No. 161—Tuesday 31 August 2010

(77) Road Transport (Safety and Traffic Management) Act 1999—Road Transport (Safety and Traffic Management) Amendment (Tow-away Charge) Regulation 2010 (LW 25/6/2010)

(78) Road Transport (Vehicle Registration) Act 1997—

(a) Road Transport (Vehicle Registration) Amendment (Fees) Regulation 2010 (LW 25/6/2010)

(b) Road Transport (Vehicle Registration) Amendment (Heavy Vehicle Registration Charges) Regulation 2010 (LW 25/6/2010)

(c) Road Transport (Vehicle Registration) Act 1997—Road Transport (Vehicle Registration) Amendment (Number-Plates) Regulation 2010 (LW 20/8/2010)

(79) Roads Act 1993—

(a) Roads Amendment (Penalty Notice Offences) Regulation 2010 (LW 25/6/2010)

(b) Roads Amendment (Tollways) Regulation 2010 (LW 13/8/2010)

(80) Rural Lands Protection Act 1998—Rural Lands Protection Regulation 2010 (LW 27/8/2010)

(81) State Authorities Non-contributory Superannuation Act 1987—State Authorities Non-contributory Superannuation Regulation 2010 (LW 27/8/2010)

(82) State Authorities Superannuation Act 1987—State Authorities Superannuation Regulation 2010 (LW 27/8/2010)

(83) State Records Act 1998—State Records Regulation 2010 (LW 20/8/2010)

(84) Statutory and Other Offices Remuneration Act 1975—

(a) Report and Determination under section 14 of the Act (Gazette 100, 13/8/2010, p 3862)

(b) Report and Determination under section 14 of the Act (Gazette 105, 20/8/2010, p 3935)

(85) Strata Schemes Management Act 1996—Strata Schemes Management Regulation 2010 (LW 27/8/2010)

(86) Stock (Chemical Residues) Act 1975—Stock (Chemical Residues) Regulation 2010 (LW 6/8/2010)

(87) Stock Foods Act 1940—Stock Foods Regulation 2010 (LW 20/8/2010)

(88) Stock Medicines Act 1989—Stock Medicines Regulation 2010 (LW 20/8/2010)

(89) Strata Schemes (Freehold Development) Act 1973—Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2010 (LW 1/7/2010)

(90) Strata Schemes (Leasehold Development) Act 1986—Strata Schemes (Leasehold Development) Amendment (Fees) Regulation 2010 (LW 1/7/2010)

(91) Succession Act 2006—Succession Amendment (Will Deposit Fee) Regulation 2010 (LW 1/7/2010)

(92) Summary Offences Act 1988—Summary Offences Regulation 2010 (LW 6/8/2010)

(93) Supreme Court Act 1970—Practice Note SC CL 2—Supreme Court Common Law Division Criminal Proceedings (Gazette 105, 20/8/2010, p 3934)

Page 18: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1992Legislative Council Minutes No. 161—Tuesday 31 August 2010

(94) Surveying and Spatial Information Act 2002—Surveying and Spatial Information Amendment (Fees and Deposits) Regulation 2010 (LW 1/7/2010)

(95) Sydney Opera House Trust Act 1961—Sydney Opera House Trust By-law 2010 (LW 20/8/2010)

(96) Technical Education Trust Funds Act 1967—Technical Education Trust Funds (TAFE Establishments) Amendment (Coachbuilders 1914–1919 War Memorial Bursary Fund) By-law 2010 (LW 27/8/2010)

(97) Threatened Species Conservation Act 1995—

(a) Threatened Species Conservation Amendment Regulation 2010 (LW 2/7/2010)

(b) Threatened Species Conservation Regulation 2010 (LW 27/8/2010)

(98) Timber Marketing Act 1977—Timber Marketing Regulation 2010 (LW 27/8/2010)

(99) Tow Truck Industry Act 1998—Tow Truck Industry Amendment (Maximum Fees) Regulation 2010 (LW 25/6/2010)

(100) Trustee Act 1925—Trustee Regulation 2010 (LW 20/8/2010)

(101) Valuers Act 2003—Valuers Regulation 2010 (LW 27/8/2010)

(102) Water Management Act 2000—Water Management (General) Amendment (Miscellaneous) Regulation 2010 (LW 1/7/2010)

(103) Wool, Hide and Skin Dealers Act 2004—Wool, Hide and Skin Dealers Regulation 2010 (LW 20/8/2010)

(104) Workers Compensation Act 1987—Workers Compensation Amendment (Latest Index Number) Regulation (No 2) 2010 (LW 27/8/2010)

(105) Young Offenders Act 1997—Young Offenders Regulation 2010 (LW 30/7/2010)

(106) Youth and Community Services Act 1973—Youth and Community Services Regulation 2010 (LW 27/8/2010).

25 STANDING COMMITTEE ON LAW AND JUSTICE—REPORT

The Clerk, according to standing order, announced receipt of Report No. 42 of the Standing Committee on Law and Justice entitled “Spent convictions for juvenile offenders”, dated July 2010, together with transcripts of evidence, tabled documents, submissions, correspondence and answers to questions taken on notice, received out of session and authorised to be printed on 6 July 2010.

Ms Robertson moved, according to standing order: That the House take note of the report.

Motion made (Ms Robertson speaking) and question: That this debate be now adjourned until next sitting day—put and passed.

26 GENERAL PURPOSE STANDING COMMITTEE NO. 2—REPORT

The Clerk, according to standing order, announced receipt of Report No. 34 of General Purpose Standing Committee No. 2 entitled “The provision of education to students with a disability or special needs”, dated July 2010, together with transcripts of evidence, tabled documents, submissions, correspondence

Page 19: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1993Legislative Council Minutes No. 161—Tuesday 31 August 2010

and answers to questions taken on notice, received out of session and authorised to be printed on 16 July 2010.Ms Parker moved, according to standing order: That the House take note of the report.

Debate ensued.

Motion made (Ms Parker speaking) and question: That this debate be now adjourned until next sitting day—put and passed.

27 LEGISLATION REVIEW COMMITTEE—REPORT

The Clerk, according to the Legislation Review Act 1987, announced receipt of a report of the Legislation Review Committee entitled “Legislation Review Digest No. 10 of 2010”, dated 30 August 2010, received out of session and authorised to be printed on 30 August 2010.

28 STANDING COMMITTEE ON SOCIAL ISSUES—GOVERNMENT’S RESPONSE TO REPORT

The Clerk tabled correspondence from the Leader of the Government advising that the Government’s response to Report No. 43 of the Standing Committee on Social Issues entitled “Substitute decision-making for people lacking capacity” tabled 25 February 2010, which was due on 25 August 2010, will be finalised and tabled shortly.

29 RETURNS TO ORDERS

(1) 2010-2011 Budget

The Clerk, according to the resolution of the House of Thursday 10 June 2010, tabled:

(a) Documents relating to the 2010-2011 Budget received on Thursday 24 June 2010 from the Director General of the Department of Premier and Cabinet, together with an indexed list of documents.

(b) A return identifying documents received on Thursday 24 June 2010 from the Director General of the Department of Premier and Cabinet, which are considered to be privileged and should not be made public or tabled. According to standing order, the Clerk advised that the documents are available for inspection by members of the Legislative Council only.

(2) NSW Fire Brigades

The Clerk, according to the resolution of the House of Tuesday 8 June 2010, tabled:

(a) Documents relating to the NSW Fire Brigades received on Tuesday 29 June 2010 from the Director General of the Department of Premier and Cabinet, together with an indexed list of documents.

(b) A return identifying documents received on Thursday 29 June 2010 from the Director General of the Department of Premier and Cabinet, which are considered to be privileged and should not be made public or tabled. According to standing order, the Clerk advised that the documents are available for inspection by members of the Legislative Council only.

(3) Building Australia Fund

The Clerk, according to the resolution of the House of Wednesday 9 June 2010, tabled:

Page 20: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1994Legislative Council Minutes No. 161—Tuesday 31 August 2010

(a) Documents relating to the Building Australia Fund received on Wednesday 30 June 2010 from the Director General of the Department of Premier and Cabinet, together with an indexed list of documents.

(b) A return identifying documents received on Wednesday 30 June 2010 from the Director General of the Department of Premier and Cabinet, which are considered to be privileged and should not be made public or tabled. According to standing order, the Clerk advised that the documents are available for inspection by members of the Legislative Council only.

(c) Additional documents relating to the Building Australia Fund received on Friday 9 July 2010 from the Director General of the Department of Premier and Cabinet, together with an indexed list of documents.

(d) A return identifying documents received on Friday 9 July 2010 from the Director General of the Department of Premier and Cabinet, which are considered to be privileged and should not be made public or tabled. According to standing order, the Clerk advised that the documents are available for inspection by members of the Legislative Council only.

(4) 2010-2011 budget finances

The Clerk, according to the resolution of the House of Thursday 10 June 2010, tabled:

(a) Documents relating to the Building Australia Fund received on Thursday 1 July 2010 from the Director General of the Department of Premier and Cabinet, together with an indexed list of documents.

(b) A return identifying documents received on Thursday 1 July 2010 from the Director General of the Department of Premier and Cabinet, which are considered to be privileged and should not be made public or tabled. According to standing order, the Clerk advised that the documents are available for inspection by members of the Legislative Council only.

(5) NuCoal

The Clerk, according to the resolution of the House of Wednesday 23 June 2010, tabled:

(a) Documents relating to NuCoal received on Wednesday 7 July 2010 from the Director General of the Department of Premier and Cabinet, together with an indexed list of documents.

(b) A return identifying documents received on Wednesday 7 July 2010 from the Director General of the Department of Premier and Cabinet, which are considered to be privileged and should not be made public or tabled. According to standing order, the Clerk advised that the documents are available for inspection by members of the Legislative Council only.

(6) Hazard reduction planning

The Clerk, according to the resolution of the House of Thursday 24 June 2010, tabled:

(a) Documents relating to hazard reduction planning received on Wednesday 7 July 2010 from the Director General of the Department of Premier and Cabinet, together with an indexed list of documents.

(b) A return identifying documents received on Wednesday 7 July 2010 from the Director General of the Department of Premier and Cabinet, which are considered to be privileged and should not be made public or tabled. According to standing order, the Clerk advised that the documents are available for inspection by members of the Legislative Council only.

Page 21: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1995Legislative Council Minutes No. 161—Tuesday 31 August 2010

(7) Nepean Hospital—Further Order

The Clerk, according to the resolution of the House of Thursday 24 June 2010, tabled documents relating to a further order for papers regarding the Nepean Hospital received on Thursday 8 July 2010 from the Director General of the Department of Premier and Cabinet, together with an indexed list of documents.

30 DISPUTED CLAIM OF PRIVILEGE—CBD METRO RAIL—FURTHER ORDER—TABLING OF PRIVILEGED DOCUMENTS

The Clerk, according to the resolution of the House of Wednesday 23 June 2010, announced receipt of documents relating to a further order for papers regarding the CBD Metro Rail from the Department of Premier and Cabinet, NSW Treasury, Transport NSW and RailCorp received on Monday 5 July 2010 from the Director General of the Department of Premier and Cabinet, including certain documents which have been redacted and returned following the report of the Independent Legal Arbiter.

31 SHOOTERS PARTY—CHANGE OF NAME TO SHOOTERS AND FISHERS PARTY

The Clerk tabled correspondence from Mr Brown advising a change of name of the Shooters Party, as of 9 July 2010, to the Shooters and Fishers Party.

32 PETITIONS

Ethics classes

Ms Sharpe presented a petition from 419 citizens of New South Wales stating that the trial of ethics classes in public schools is a welcome step that provides parents and students with an alternative to special religious education as well as an opportunity for students to consider ethical questions without having to profess a particular theological worldview and that the teaching of ethics recognises the diversity of our state and contributes to the public good, and requesting that the House support the ethics class trial based on the St James Ethics Centre curriculum and to support an expansion of ethics classes to schools across the state where requested by parents and students.

Petition received.

Access to the foreshore trail

Mr Harwin presented a petition from 209 citizens of New South Wales stating their opposition to the Government's decision to close parts of the Foreshore Trail between Brays Bay and Yaralla Bay, and requesting that the House call on the Government to work with the community to develop arrangements to reopen the Trail and allow public access while appropriately safeguarding the need of patients at the Rivendell Adolescent Unit and the Concord Hospital precinct.

Petition received.

Support for scripture classes

(1) Revd Mr Nile presented a petition from 1,390 citizens of New South Wales opposing the newly proposed secular humanist ethics course in public schools as it is contrary to the long-held Government policy that no other classes be held at the same time as the legally approved scripture classes conducted by approved church representatives in accordance with the Education Act 1990 and requesting that the House call on the Government to support the cancellation of the ethics course and express its support for scripture classes.

Petition received.

Page 22: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1996Legislative Council Minutes No. 161—Tuesday 31 August 2010

(2) Mr Donnelly presented a petition from 26 citizens of New South Wales containing a similar request.

Petition received.

Foreshore Trail at Concord

Ms Hale presented a petition from 45 citizens of New South Wales stating their opposition to the NSW Health plan to deny public access to the Foreshore Trail at Rivendell near Concord Hospital, 25 years after the walking trail was opened, and noting the benefits of walking trails are incalculable as they encourage exercise, attract tourists and promote awareness of our built and natural heritage, and requesting that the House call on the Minister for Health to intervene immediately and maintain public access to the Foreshore Trail.

Petition received.

Adoption laws

(1) Revd Dr Moyes presented a petition from 59 citizens of New South Wales requesting that the Parliament reject any proposed legislation or amendments to adoption laws that would take away the fundamental human right of adopted children to be raised by both a mother and a father.

Petition received.

(2) Revd Mr Nile presented a petition from 29 citizens of New South Wales containing a similar request.

Petition received.

Support for an open Australia

(1) Mr Donnelly presented a petition from 9 citizens of New South Wales stating their opposition to any face covering that conceals the identity of a person and prevents Australia from being an open society, and requesting that the House support the Private Member’s bill of the Reverend Fred Nile, that prohibits within all public areas, the wearing of any article of clothing that conceals a person’s identity.

Petition received.

(2) Revd Mr Nile presented a petition from 861 citizens of New South Wales containing a similar request.

Petition received.

Scripture classes

Revd Dr Moyes presented a petition from 74 citizens of New South Wales stating that the Government’s plan to introduce ethics classes at the same time as Special Religious Education classes places the new curriculum in direct competition with scripture classes so that students will be forced to choose between them and requesting that the House call on the Government to ensure that planned ethics classes are offered at a separate time from Special Religious Education classes.

Petition received.

Barangaroo South site

Ms Hale presented a petition from 459 citizens of New South Wales requesting that the Government conduct an open and transparent process in relation to the development of the Barangaroo South site,

Page 23: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1997Legislative Council Minutes No. 161—Tuesday 31 August 2010

create a comprehensive Bays Precinct which encompasses the foreshore of Sydney Harbour from Darling Street Wharf, East Balmain to Barangaroo, Millers Point and develop a strategic and integrated planning framework for the entire area.

Petition received.

Unborn child protection

Revd Mr Nile presented a petition from 159 citizens of New South Wales requesting that the House uphold the sanctity of human life and defend the fundamental right of children to be born, reject all attempts to initiate legislation that emulates the Victorian Abortion Law Reform Act 2008 and encourage ways and means of promoting to the people of New South Wales that every baby deserves to be protected and nurtured from conception.

Petition received.

33 NOTICES OF MOTIONS

34 ANSWERS 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 the last sitting of the House.

35 COMMITTEES—MEMBERSHIP

The President reported that the Clerk had received the following nominations for committee membership from the cross bench members:

General Purpose Standing Committee No. 2: Dr Kaye in place of Ms Rhiannon, resigned.

General Purpose Standing Committee No. 3: Dr Kaye in place of Ms Rhiannon, resigned and Mr Brown in place of Mr Smith, deceased.

General Purpose Standing Committee No. 4: Mr Brown in place of Mr Smith, deceased.

36 CONDOLENCE MOTION—THE HONOURABLE ROY ANTHONY SMITH

Mr Hatzistergos moved, without notice:

1. That this House desires to express and to place on record its deep sense of the loss sustained to the State and this House by the death of the Honourable Roy Anthony Smith.

2. That this resolution be communicated to his family.

Debate ensued.

Question put and passed unanimously—Members and officers of the House standing.

Page 24: Minutes 161 - 31 August 2010s.docx - Parliament of NSW · Web view2010/08/31  · 1975 LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 161 TUESDAY 31 AUGUST 2010 Contents 1Meeting

1998Legislative Council Minutes No. 161—Tuesday 31 August 2010

____________________

According to sessional order, it being after 4.00 pm proceedings interrupted for Questions.____________________

37 QUESTIONS

38 PAPER—TABLED BY MINISTER

Mr Robertson tabled a regulatory impact statement by the Department of Environment, Climate Change and Water on the proposed Protection of the Environment Operations (Clean Air) Regulation 2010.

39 ADJOURNMENT

Mr Robertson moved: That this House do now adjourn.

Debate ensued.

Question put and passed.

The House adjourned at 5.31 pm until Wednesday 1 September 2010 at 11.00 am.

40 ATTENDANCE

All members present.

Lynn LovelockClerk of the Parliaments

_____________________________

Authorised by the Parliament of New South Wales