Votes and Proceedings by dandanhuanghuang

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									                                                                                                  93



                                        LEGISLATIVE ASSEMBLY

                                                      2011

                          FIRST SESSION OF THE FIFTY-FIFTH PARLIAMENT
                                                ___________________




                VOTES AND PROCEEDINGS
                                                     No. 9

                                      TUESDAY 24 MAY 2011

                                                ___________________




1   MEETING OF THE HOUSE

    The House met at 1.00 pm pursuant to adjournment. The Speaker took the Chair, read the prayer and
    acknowledged the traditional owners, thanking them for their custodianship of country.

2   PRIVATE MEMBERS’ STATEMENTS
    _____________

    The Acting Speaker (Mr Lee Evans) left the Chair at 1.58 pm.

    The Speaker resumed the Chair at 2.15 pm.
    _____________

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

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

    MARIE BASHIR                                                                   Office of the Governor
    Governor                                                                        Sydney, 14 May 2011

    Professor Marie Bashir, Governor of New South Wales has the honour to inform the Legislative
    Assembly that she re-assumed the administration of the government of the State at 6.00 am on 14 May
    2011.
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4   MESSAGES FROM THE GOVERNOR

    The Speaker reported messages from Her Excellency the Governor assenting to the following bills:

    16 May 2011

    Act No. 3            Constitution Amendment (Prorogation of Parliament) Bill
    Act No. 4            Health Services Amendment (Local Health Districts and Boards) Bill
    Act No. 5            Lobbying of Government Officials Bill

    18 May 2011

    Act No. 6            Duties Amendment (Senior’s Principal Place of Residence Duty Exemption) Bill.

5   MESSAGE FROM THE GOVERNOR—VACANCIES IN THE LEGISLATIVE COUNCIL

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

    MARIE BASHIR                                                                      Office of the Governor
    Governor                                                                           Sydney, 23 May 2011

    I, Professor MARIE BASHIR AC, in pursuance of the power and authority vested in me as Governor of
    the State of New South Wales, do hereby convene a joint sitting of the Members of the Legislative
    Council and the Legislative Assembly for the purpose of the election of a person to fill the seats in the
    Legislative Council vacated by the Honourable John Hatzistergos and the Honourable Edward Moses
    Obeid, and I do hereby announce and declare that such Members shall assemble for such purpose on
    Tuesday the twenty-fourth day of May 2011 at 6.00 pm in the building known as the Legislative Council
    Chamber situated in Macquarie Street in the City of Sydney; and the Members of the Legislative Council
    and the Members of the Legislative Assembly are hereby required to give their attendance at the said time
    and place accordingly.

    In order that the Members of both Houses of Parliament may be duly informed of the convening of the
    joint sitting, I have this day addressed a like message to the President of the Legislative Council.

    Ordered by the Speaker, That the joint sitting be set down as an order of the day for 6.00 pm today as
    appointed in Her Excellency’s message.

6   COMMISSION TO ADMINISTER THE PLEDGE OF LOYALTY—SPEAKER

    The Speaker reported that Her Excellency the Governor had issued the following Commission:

    Her Excellency Professor Marie Bashir, Companion of the Order of Australia, Commander of the Royal
    Victorian Order, Governor of the State of New South Wales in the Commonwealth of Australia.

    GREETING

    Pursuant to the power and authority vested in me by the Constitution Act 1902, I, Professor Marie Bashir
    AC, Governor of the State of New South Wales, hereby authorise the Honourable Shelley Elizabeth
    Hancock MP, Speaker of the Legislative Assembly, as a person before whom the Pledge of Loyalty,
    required by law to be taken by every Member of the Legislative Assembly before that Member shall be
    permitted to sit or vote in the Legislative Assembly, may be taken.

    Given under my Hand and the Public Seal of the State, this twenty third day of May 2011.
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    By Her Excellency’s Command

    BARRY O’FARRELL                                                                       MARIE BASHIR
    Premier                                                                                    Governor

7   COMMISSION TO ADMINISTER THE PLEDGE OF LOYALTY—DEPUTY SPEAKER

    The Speaker reported that Her Excellency the Governor had issued the following Commission:

    Her Excellency Professor Marie Bashir, Companion of the Order of Australia, Commander of the Royal
    Victorian Order, Governor of the State of New South Wales in the Commonwealth of Australia.

    GREETING

    Pursuant to the power and authority vested in me by the Constitution Act 1902, I, Professor Marie Bashir
    AC, Governor of the State of New South Wales, hereby authorise the Honourable Thomas George MP,
    Deputy Speaker of the Legislative Assembly, in the absence of the Honourable the Speaker of the
    Legislative Assembly, as a person before whom the Pledge of Loyalty, required by law to be taken by
    every Member of the Legislative Assembly before that Member shall be permitted to sit or vote in the
    Legislative Assembly, may be taken.

    Given under my Hand and the Public Seal of the State, this twenty third day of May 2011.

    By Her Excellency’s Command

    BARRY O’FARRELL                                                                       MARIE BASHIR
    Premier                                                                                    Governor

8   COMMISSION TO ADMINISTER THE PLEDGE OF LOYALTY— ASSISTANT SPEAKER

    The Speaker reported that Her Excellency the Governor had issued the following Commission:

    Her Excellency Professor Marie Bashir, Companion of the Order of Australia, Commander of the Royal
    Victorian Order, Governor of the State of New South Wales in the Commonwealth of Australia.

    GREETING

    Pursuant to the power and authority vested in me by the Constitution Act 1902, I, Professor Marie Bashir
    AC, Governor of the State of New South Wales, hereby authorise Mr Andrew Raymond Gordon Fraser
    MP, Assistant Speaker of the Legislative Assembly, in the absence of the Honourable the Speaker of the
    Legislative Assembly and of the Deputy Speaker of the Legislative Assembly, as a person before whom
    the Pledge of Loyalty, required by law to be taken by every Member of the Legislative Assembly before
    that Member shall be permitted to sit or vote in the Legislative Assembly, may be taken.

    Given under my Hand and the Public Seal of the State, this twenty third day of May 2011.

    By Her Excellency’s Command

    BARRY O’FARRELL                                                                       MARIE BASHIR
    Premier                                                                                    Governor
    _____________

    An official photograph was taken of the House in session.
    _____________

9   NOTICES OF MOTIONS
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10   NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

     Mr Ray Williams—Solar Bonus Scheme.
     Mr John Robertson—Solar Bonus Scheme.

11   QUESTION TIME

12   PAPERS

     (1)      Ms Gladys Berejiklian tabled the Office of Transport Safety Investigations Report entitled “Bus
     Safety Investigation Report, Fatal Coach Accident, Barrengarry Nature Reserve, 14 May 2010”.

     (2)      Mr Mike Baird tabled the Consolidated Financial Report of Snowy Hydro Limited for the period
     5 July 2009 to 3 July 2010.

13   OMBUDSMAN

     The Speaker, in accordance with section 169 of the Police Act 1990, tabled the report of the NSW
     Ombudsman entitled “Audit of NSW Police Force handling of domestic and family violence complaints”,
     dated May 2011.

     Ordered to be printed.

14   AUDITOR-GENERAL

     The Clerk, in accordance with section 63C of the Public Finance and Audit Act 1983, announced receipt
     of the Performance Audit Report of the Auditor-General entitled “Two Ways Together – NSW
     Aboriginal Affairs Plan: Aboriginal Affairs NSW, and Department of Premier and Cabinet”, dated May
     2011 (received 18 May 2011).

15   STATE OWNED CORPORATIONS ACT

     The Clerk, in accordance with section 27 of the State Owned Corporation Act 1989, announced receipt
     of:

     (1)     Half Yearly Reports for the period ended 31 December 2010 of –

     Hunter Water Corporation; State Water Corporation; and the Superannuation Administration Corporation
     (trading as Pillar Administration) (received18 May 2011).

     Landcom; Newcastle Port Corporation; Port Kembla Port Corporation; Sydney Ports Corporation; and the
     Sydney Water Corporation (received 23 May 2011).

     (2)     Statements of Corporate Intent for the year ending 30 June 2011 of – Essential Energy (formerly
     Country Energy); Integral Energy; Superannuation Administration Corporation (trading as Pillar
     Administration); and TransGrid (received 23 May 2011).

16   STATUTORY RULES AND INSTRUMENTS

     The Clerk tabled notices of the making of the following statutory rules and instruments published on the
     Legislation Website (LW) or in the Government Gazette (GG):

     (1)     For the week ended 13 May 2011

     Civil Procedure Act 2005—Practice Note DC (Civil) No. 14—Extension of Time for Service of
     Statements of Claim in Debt Claims (GG No. 48 of 13 May 2011, p 2871).
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     Sporting Venues (Invasions) Act 2003—Sporting Venues (Invasions) Regulation 2011 (LW 13 May
     2011).

     (2)     For the week ended 20 May 2011

     Law Enforcement (Controlled Operations) Act 1997—Law Enforcement (Controlled Operations)
     Amendment (Corresponding Laws) Regulation 2011 (LW 20 May 2011).

     Motor Sports (World Rally Championship) Act 2009—Motor Sports (World Rally Championship)
     Amendment Regulation 2011 (LW 20 May 2011).

     Supreme Court Act 1970—Practice Note SC EQ 4—Supreme Court Equity Division—Corporations List
     (GG No. 50 of 20 May 2011, p 3071).

17   PETITIONS

     (1)     The Clerk announced that the following members had each lodged petitions for presentation:

     Ms Clover Moore—from certain citizens requesting the removal of the clearway on Oxford Street and the
     imposition of a 40kph speed limit in Oxford Street, Paddington.

     Ms Clover Moore—from certain citizens opposing the sale of animals in pet shops.

     Mr Daryl Maguire—from certain citizens requesting support for the Summary Offences Amendment
     (Full-face Covering) Bill 2010.

     Ms Clover Moore—from certain citizens requesting that the Government retain inner city social housing.

     Ms Clover Moore—from certain citizens requesting an increase in funding for mental health services.

     Ms Clover Moore—from certain citizens opposing proposals for commercial developments in national
     parks.

     (2)     The Clerk also announced that the following member had lodged a petition for presentation
     signed by 500 or more persons:

     Mr Kevin Humphries—from certain citizens requesting an investigation into the effectiveness of the
     justice system on crime and particularly juvenile crime in Coonamble.

18   NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

     (1)      Mr Ray Williams made a statement in support of his notice being accorded priority over the
     other business of the House.

     (2)     Mr John Robertson also made a statement in support of his notice being accorded priority—

             That this House:

             (1)      Notes that in opposition, the Coalition repeatedly promised to honour contracts under
                      the Solar Bonus Scheme.

             (2)      Notes that the Government has already broken this promise.

             (3)      Notes that by the Government’s own admission, this will cause hardship to working
                      families.

             (4)      Condemns the Government for yet another broken promise to the people of New South
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                        Wales.

     Question—That the motion of the member for Hawkesbury be accorded priority—put.

     The House divided.

                                                   AYES 67

     Mr Anderson, Mr Annesley, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Mr Bassett, Mr Baumann, Ms
     Berejiklian, Mr Bromhead, Mr Brookes, Mr Cansdell, Mr Casuscelli, Mr Conolly, Mr Constance, Mr
     Cornwell, Mr Coure, Mrs Davies, Mr Dominello, Mr Doyle, Mr Edwards, Mr Elliott, Mr Evans, Mr
     Flowers, Mr Fraser, Mr Gee, Mr George, Ms Gibbons, Ms Goward, Mr Grant, Mr Hartcher, Mr Hazzard,
     Ms Hodgkinson, Mr Holstein, Mr Humphries, Mr Issa, Mr Kean, Dr Lee, Mr Notley-Smith, Mr O’Dea,
     Mr Owen, Mr Page, Ms Parker, Mr Patterson, Mr Perrottet, Mr Piccoli, Mr Provest, Mr Roberts, Mr
     Rohan, Mr Rowell, Mrs Sage, Mr Sidoti, Mrs Skinner, Mr Smith, Mr Souris, Mr Speakman, Mr Spence,
     Mr Stokes, Mr Stoner, Mr Toole, Ms Upton, Mr Ward, Mr Webber, Mr R.C. Williams and Mrs Williams.

     Tellers: Mr Maguire and Mr J.D. Williams.

                                                   NOES 24

     Mr Barr, Ms Burney, Ms Burton, Mr Daley, Mr Furolo, Ms Hay, Ms Hornery, Ms Keneally, Mr Lalich,
     Mr Lynch, Dr McDonald, Ms Mihailuk, Ms Moore, Mr Parker, Mrs Perry, Mr Piper, Mr Rees, Mr
     Robertson, Ms Tebbutt, Mr Torbay, Ms Watson and Mr Zangari.

     Tellers: Mr Amery and Mr Park.                                           In the Chair: Mrs Hancock.

     Question passed.

19   MOTION ACCORDED PRIORITY—SOLAR BONUS SCHEME

     Mr Ray Williams moved, pursuant to notice, That this House:

     (1)     Notes that the former Minister for Energy and current member for Blacktown promised the
             people of New South Wales that the cost of the Solar Bonus Scheme would be $355 million.

     (2)     Condemns the member for Blacktown and Labor for allowing the scheme to go unchecked and
             blowout to $1.9 billion.

     Debate ensued.

     Question put.

     The House divided.

                                                   AYES 66

     Mr Anderson, Mr Annesley, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Mr Bassett, Mr Baumann, Ms
     Berejiklian, Mr Bromhead, Mr Brookes, Mr Cansdell, Mr Conolly, Mr Constance, Mr Cornwell, Mr
     Coure, Mrs Davies, Mr Dominello, Mr Doyle, Mr Edwards, Mr Elliott, Mr Evans, Mr Flowers, Mr
     Fraser, Mr Gee, Mr George, Ms Gibbons, Ms Goward, Mr Grant, Mr Hartcher, Mr Hazzard, Ms
     Hodgkinson, Mr Holstein, Mr Humphries, Mr Issa, Mr Kean, Dr Lee, Mr Notley-Smith, Mr O’Dea, Mr
     O’Farrell, Mr Owen, Mr Page, Ms Parker, Mr Perrottet, Mr Piccoli, Mr Provest, Mr Roberts, Mr Rohan,
     Mr Rowell, Mrs Sage, Mr Sidoti, Mrs Skinner, Mr Smith, Mr Souris, Mr Speakman, Mr Spence, Mr
     Stokes, Mr Toole, Mr Torbay, Ms Upton, Mr Ward, Mr Webber, Mr R.C. Williams and Mrs Williams.

     Tellers: Mr Maguire and Mr J.D. Williams.
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                                                     NOES 22

     Mr Barr, Ms Burney, Ms Burton, Mr Daley, Mr Furolo, Ms Hay, Ms Hornery, Ms Keneally, Mr Lalich,
     Mr Lynch, Dr McDonald, Ms Mihailuk, Ms Moore, Mrs Perry, Mr Piper, Mr Rees, Mr Robertson, Ms
     Tebbutt, Ms Watson and Mr Zangari.

     Tellers: Mr Amery and Mr Park.                                                In the Chair: Mrs Hancock.

     Question passed.
     _____________

     It being 4.30 pm, government business proceeded with.
     _____________

20   REAL PROPERTY AMENDMENT (TORRENS ASSURANCE LEVY REPEAL) BILL

     The order of the day was read.

     Mr Mike Baird moved, That the Legislative Council amendment be agreed to.

     Question put and passed.

21   SUSPENSION OF STANDING AND SESSIONAL ORDERS—COURTS AND OTHER
     LEGISLATION AMENDMENT BILL

     Mr Brad Hazzard moved, That standing and sessional orders be suspended to permit the introduction and
     passage through all remaining stages at this or any subsequent sitting of the Courts and Other Legislation
     Amendment Bill, notice of which was given this day for tomorrow.

     Debate ensued.

     Question put and passed.

22   COURTS AND OTHER LEGISLATION AMENDMENT BILL

     Mr Greg Smith moved, pursuant to notice, That a bill be now introduced for an Act to make
     miscellaneous amendments to certain legislation with respect to courts and certain other legislation
     administered by the Attorney General.

     Question put and passed.

     Bill introduced.

     Mr Greg Smith moved, That this bill be now agreed to in principle.

     Debate ensued.

     Mr Jonathan O’Dea, Mr Bryan Doyle and Mr Mark Speakman obtained extensions of time.

     Mr Daryl Maguire moved, That this debate be now adjourned.

     Question put and passed.

     Ordered, That the resumption of the debate stand an order of the day for tomorrow.
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23   INAUGURAL SPEECH

     Ms Gladys Berejiklian moved, That the business before the House be interrupted, immediately following
     the conclusion of the joint sitting with the Legislative Council, to permit the presentation of an inaugural
     speech by the member for Balmain.

     Question put and passed.
     _____________

     It being before 6.00 pm—
     _____________

24   JOINT SITTING—VACANCIES IN THE LEGISLATIVE COUNCIL

     The order of the day was read and the Speaker informed the House that the time had arrived for the House
     to proceed to the Legislative Council Chamber to elect persons to fill the seats in the Legislative Council
     vacated by the Honourable John Hatzistergos and the Honourable Edward Moses Obeid.

     The House proceeded to the Legislative Council Chamber.

     The House returned and the Speaker resumed the Chair.

     The Speaker reported that Adam Searle and Walter Secord had been elected to fill the vacancies.

     The Speaker tabled the “Minutes of the Proceedings of the Joint Sitting of the Houses of Parliament of the
     State of New South Wales held on Tuesday 24 May 2011 to choose persons to fill the vacancies in the
     Legislative Council caused by the resignations of the Honourable Edward Moses Obeid and the
     Honourable John Hatzistergos”.

     Ordered to be printed.

25   INAUGURAL SPEECH

     An inaugural speech was made by Mr Jamie Parker.

     Mr Jamie Parker obtained an extension of time.
     _____________

     It being before 7.00 pm, matter of public importance proceeded with.
     _____________

26   MATTER OF PUBLIC IMPORTANCE—WHOOPING COUGH

     The Speaker having previously informed the House of receipt from Mr Mark Speakman of a notice of a
     matter of public importance, namely:

     Whooping Cough.

     Discussion ensued and concluded.

27   PERSONAL EXPLANATION

     Ms Carmel Tebbutt, by leave, made a personal explanation in relation to comments made by the Minister
     for Resources and Energy, Special Minister of State, and Minister for the Central Coast during Question
     Time.
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28   ADJOURNMENT

     The House adjourned, pursuant to standing and sessional orders, at 7.00 pm, until tomorrow, at 10.00 am.

     Attendance: All members present.




     RUSSELL D. GROVE PSM                                                              SHELLEY HANCOCK
     Clerk of the Legislative Assembly                                                           Speaker
                                               __________________

                                     Authorised by the Parliament of New South Wales

								
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