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                                         LEGISLATIVE COUNCIL

                      MINUTES OF PROCEEDINGS
                                                                   No. 61

                                            WEDNESDAY 23 JUNE 2004


                                                               Contents

1    Meeting of the House ............................................................................................................................... 880
2    General Purpose Standing Committees—Portfolio Responsibilities (Formal Business) ......................... 880
3    Papers—Tabled by Minister..................................................................................................................... 881
4    Petitions .................................................................................................................................................... 881
5    Notices of Motions ................................................................................................................................... 883
6    Messages from the Legislative Assembly ................................................................................................ 883
     (1)    Crimes (Interstate Transfer of Community Based Sentences) Bill 2004 ...................................... 883
     (2)    Liquor Amendment (Racing Clubs) Bill 2004 .............................................................................. 883
7    Matter of Public Importance—Teachers’ Salary Cases ........................................................................... 883
8    General Purpose Standing Committees—Budget Estimates Reference ................................................... 884
9    Water Management Amendment Bill 2004 .............................................................................................. 886
10   Questions .................................................................................................................................................. 886
11   Statement by President—Computer Network Support ............................................................................. 886
12   Paper—Tabled by Minister ...................................................................................................................... 886
13   Message from the Legislative Assembly—Compulsory Drug Treatment Correctional Centre Bill
     2004.......................................................................................................................................................... 887
14   General Purpose Standing Committee No. 1 ............................................................................................ 887
15   Standing Committee on State Development............................................................................................. 887
16   Water Management Amendment Bill 2004 .............................................................................................. 887
17   Paper—Tabled by Minister ...................................................................................................................... 889
18   Special Adjournment ................................................................................................................................ 889
19   State Water Corporation Bill 2004 ........................................................................................................... 889
20   Adjournment ............................................................................................................................................ 889
21   Attendance ............................................................................................................................................... 890
    880
                         Legislative Council Minutes No. 61—Wednesday 23 June 2004

1   MEETING OF THE HOUSE

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

    The Clerk read the prayers.


2   GENERAL PURPOSE               STANDING     COMMITTEES—PORTFOLIO                RESPONSIBILITIES
    (Formal Business)

    Mr Kelly moved, according to notice: That the resolution appointing five General Purpose Standing
    Committees reflecting Government Ministers’ portfolio responsibilities and adopted by this House on 3
    July 2003, be amended to reflect the changes to Government Ministers’ portfolio responsibilities as
    follows:

    (a)    Committee No. 1

           Premier
           Arts
           Citizenship
           Education and Training
           Aboriginal Affairs
           Treasury
           State Development
           Special Minister of State
           Commerce
           Industrial Relations
           Central Coast
           The Legislature

    (b)    Committee No. 2

           Health
           Community Services
           Ageing
           Disability Services
           Youth
           Tourism and Sport and Recreation
           Women
           Gaming and Racing

    (c)    Committee No. 3

           Police
           Attorney General
           Juvenile Justice
           Western Sydney
           Fair Trading
           Justice

    (d)    Committee No. 4

           Infrastructure and Planning
           Natural Resources
           Roads
           Housing
           Transport Services
           Hunter
                                                                                                         881
                         Legislative Council Minutes No. 61—Wednesday 23 June 2004

           Energy and Utilities
           Science and Medical Research

    (e)    Committee No. 5

           Environment
           Rural Affairs
           Local Government
           Emergency Services
           Lands
           Regional Development
           Illawarra
           Small Business
           Primary Industries
           Mineral Resources.

    Question put and passed.


3   PAPERS—TABLED BY MINISTER

    Mr Costa tabled the following paper:

    (1)    Annual Reports (Statutory Bodies) Act 1984—Report of Wild Dog Destruction Board for year
           ended 31 December 2003.

    Ordered: That the report be printed.

    Mr Costa further tabled the following paper:

    (2)    Local Government Act 1993—Report and determination on the categorisation of new and
           reconstituted councils according to the Local Government Remuneration Tribunal, dated 9 June
           2004.


4   PETITIONS

    Tamworth Regional Council

    Ms Robertson presented a petition from 102 citizens of New South Wales calling on the Government to
    include Werris Creek and Currabubula in the new Tamworth Regional Council.

    Petition received.

    Religious freedoms

    (1)    Revd Mr Nile presented a petition from 776 citizens of New South Wales stating that since
           European settlement religious organisations have had the legal right to employ persons whose
           beliefs and lifestyle are consistent with the doctrine and values of that religion, that religious
           freedoms are protected in the Australian Constitution and the NSW Anti-Discrimination Act 1977
           and that the Anti-Discrimination Amendment (Removal of Exemptions) Bill seeks to overturn
           these rights and freedoms and praying that the House will preserve the rights and freedoms
           enjoyed by Christians in New South Wales and vote against the proposed bill.

           Petition received.
882
                     Legislative Council Minutes No. 61—Wednesday 23 June 2004

(2)    Revd Dr Moyes presented a petition from 712 citizens of New South Wales containing a similar
       prayer.

       Petition received.

Southern Highlands toxic waste incinerator

Ms Hale presented a petition from 152 residents of the Southern Highlands demanding that the Minister
for Infrastructure and Planning, and Minister for Natural Resources disallow the burning of tyres, carbon
dust, oil waste or any other industrial or domestic derived materials at Blue Circle Southern Cement at
Berrima as the increased production of cancer causing dioxins and other toxic materials may lead to
severe and irreversible repercussions for health, the environment, farming, tourism, real estate values and
the recycling industry, and praying that the House call on the Minister to disallow the application by the
company to burn alternative fuels.

Petition received.

Liquor outlets

Mrs Pavey presented a petition from 165 citizens of New South Wales stating that the National
Competition Policy Amendments (Commonwealth Financial Penalties) Bill will lead to the deregulation
of the liquor industry and cause a proliferation of new outlets, erosion of responsible service of alcohol,
increased problems with binge drinking by youth, road trauma and the loss of family owned independent
liquor retailers, an increase in corporatisation and reduce competition and praying that the House will
oppose the bill and block amendments that will result in the failure to control liquor licences in New
South Wales.

Petition received.

Murwillumbah branch railway line

Ms Cusack presented a petition from 100 citizens of New South Wales concerned that the XPT service
from Casino to Lismore, Byron Bay, Mullumbimby and Murwillumbah has been cancelled and replaced
with buses in breach of a commitment to maintain the service until at least December 2004 and calling on
the Government to immediately reinstate the service and to maintain, upgrade and support additional local
services and praying that the House ensure the future of the Murwillumbah branch line so that elderly and
disabled passengers, families, tourists and railway staff can enjoy equitable access to passenger services
and secure employment in the region.

Petition received.

ADI site, St Marys

Ms Hale presented a petition from 110 citizens of New South Wales calling on the Government to save
the ADI site at St Marys from proposed development by denying development consent by revoking the
Sydney Regional Environmental Plan 30 and by commencing negotiations with the developer, Lend
Lease, to protect the site as a conservation area for the people of western Sydney and New South Wales
and praying that the House help save the site.

Petition received.

Fig trees in the Domain

Ms Rhiannon presented a petition from 1,374 citizens of Sydney and New South Wales stating that the
historic fig trees in the Domain, Sydney, are of such significant heritage, environmental and social
importance that they should be conserved and incorporated into the Botanic Gardens Trust’s Master Plan
for the precinct and should not be cut down and praying that the House join with the petitioners in seeking
the NSW Environment Minister’s intervention in this matter.
                                                                                                              883
                         Legislative Council Minutes No. 61—Wednesday 23 June 2004

    Petition received.


5   NOTICES OF MOTIONS


6   MESSAGES FROM THE LEGISLATIVE ASSEMBLY

    The President reported the following messages from the Legislative Assembly:

    (1)    Crimes (Interstate Transfer of Community Based Sentences) Bill 2004

    Madam PRESIDENT

    The Legislative Assembly has this day passed a Bill titled “An Act relating to the interstate transfer of
    community based sentences; and for other purposes” and presents the same to the Legislative Council for
    its concurrence.

    Legislative Assembly                                                                    JOHN AQUILINA
    23 June 2004                                                                                   Speaker

    (2)    Liquor Amendment (Racing Clubs) Bill 2004

    Madam PRESIDENT

    The Legislative Assembly has this day passed a Bill titled “An Act to amend the Liquor Act 1982 to make
    further provision with respect to the sale of liquor on premises occupied by racing clubs” and presents the
    same to the Legislative Council for its concurrence.

    Legislative Assembly                                                                    JOHN AQUILINA
    23 June 2004                                                                                   Speaker

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

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


7   MATTER OF PUBLIC IMPORTANCE—TEACHERS’ SALARY CASES

    Ms Rhiannon moved, according to notice: That the following matter of public importance be discussed
    forthwith:

    The unequal treatment of catholic and public school teachers in the decisions on their respective salary
    cases by the Industrial Relations Commission.

    Debate ensued.

    Question put: That the matter of public importance be discussed forthwith.
    884
                         Legislative Council Minutes No. 61—Wednesday 23 June 2004

    The House divided.

                                                    Ayes 4

                 Dr Chesterfield-Evans *     Mr Cohen                     Ms Hale *
                 Ms Rhiannon

                                             * Tellers


                                                    Noes 29

                 Mr Breen                    Miss Gardiner                Ms Parker
                 Mr Burke                    Mr Gay                       Mrs Pavey
                 Mr Catanzariti              Ms Griffin                   Mr Pearce
                 Mr Clarke                   Mr Harwin *                  Mr Primrose *
                 Mr Colless                  Mr Jenkins                   Ms Robertson
                 Mr Costa                    Mr Kelly                     Mr Tingle
                 Ms Cusack                   Mr Lynn                      Mr Tsang
                 Mr Della Bosca              Revd Dr Moyes                Mr West
                 Ms Fazio                    Revd Mr Nile                 Dr Wong
                 Mrs Forsythe                Mr Obeid
                                                                          * Tellers


    Question resolved in the negative.


8   GENERAL PURPOSE STANDING COMMITTEES—BUDGET ESTIMATES REFERENCE

    Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Della
    Bosca:

    1.     That the Budget Estimates and related papers for the financial year 2004-2005 presenting the
           amounts to be appropriated from the Consolidated Fund be referred to the General Purpose
           Standing Committees for inquiry and report.

    2.     That the committees consider the Budget Estimates in accordance with the allocation of portfolios
           to the committees.

    3.     For the purposes of this inquiry any member of the House may attend a meeting of a committee in
           relation to the Budget Estimates and question witnesses, participate in the deliberations of the
           committee at such meeting and make a dissenting statement relating to the Budget Estimates, but
           may not vote or be counted for the purpose of any quorum.

    4.     The committees must hear evidence on the Budget Estimates in public.

    5.     Not more than 3 committees are to hear evidence on the Budget Estimates simultaneously.

    6.     When a committee hears evidence on the Budget Estimates, the Chair is to call on items of
           expenditure in the order decided on and declare the proposed expenditure open for examination.

    7.     The committees may ask for explanations from Ministers in the House, or officers of departments,
           statutory bodies or corporations, relating to the items of proposed expenditure.

    8.     The report of a committee on the Budget Estimates may propose the further consideration of any
           items.
                                                                                                   885
                    Legislative Council Minutes No. 61—Wednesday 23 June 2004

9.    That a daily Hansard record of the hearings of a committee on the Budget Estimates be published
      as soon as practicable after each day’s proceedings.

10.   The committees have leave to sit during the sittings or any adjournment of the House.

11.   That initial hearings of the committees be according to a schedule prepared and circulated by the
      Leader of the Government.

12.   The committees may hold supplementary hearings as required.

13.   The committees present a final report to the House by Thursday 18 November 2004.

Upon which Mr Harwin has moved: That the question be amended as follows:

1.    Paragraph 5: Omit “3” insert instead “2”.

2.    Paragraph 10: Omit the paragraph.

3.    Paragraph 11: Omit all words after “That” and insert instead, “the Leader of the Government is to
      provide to each Committee, by 29 June 2004, a schedule outlining the attendance of relevant
      ministers to appear before each committee, for the committee’s consideration.”

4.    Paragraph 13: Omit “Thursday 18 November 2004.” Insert instead “the last sitting day of the
      second sitting week in 2005.”

Debate resumed.

Mr Kelly moved: That the amendment of Mr Harwin be amended by omitting “29 June 2004” and
inserting instead “6 July 2004”.

Debate continued.

Question: That the amendment of Mr Kelly to the amendment of Mr Harwin be agreed to—put and
passed.

Question: That the amendment of Mr Harwin, as amended by Mr Kelly, be agreed to—put and passed.

Original question, as amended:

1.    That the Budget Estimates and related papers for the financial year 2004-2005 presenting the
      amounts to be appropriated from the Consolidated Fund be referred to the General Purpose
      Standing Committees for inquiry and report.

2.    That the committees consider the Budget Estimates in accordance with the allocation of portfolios
      to the committees.

3.    For the purposes of this inquiry any member of the House may attend a meeting of a committee in
      relation to the Budget Estimates and question witnesses, participate in the deliberations of the
      committee at such meeting and make a dissenting statement relating to the Budget Estimates, but
      may not vote or be counted for the purpose of any quorum.

4.    The committees must hear evidence on the Budget Estimates in public.

5.    Not more than 2 committees are to hear evidence on the Budget Estimates simultaneously.

6.    When a committee hears evidence on the Budget Estimates, the Chair is to call on items of
      expenditure in the order decided on and declare the proposed expenditure open for examination.
     886
                            Legislative Council Minutes No. 61—Wednesday 23 June 2004

     7.     The committees may ask for explanations from Ministers in the House, or officers of departments,
            statutory bodies or corporations, relating to the items of proposed expenditure.

     8.     The report of a committee on the Budget Estimates may propose the further consideration of any
            items.

     9.     That a daily Hansard record of the hearings of a committee on the Budget Estimates be published
            as soon as practicable after each day’s proceedings.

     10.    That the Leader of the Government is to provide to each Committee, by 6 July 2004, a schedule
            outlining the attendance of relevant ministers to appear before each committee, for the
            committee’s consideration.

     11.    The committees may hold supplementary hearings as required.

     12.   The committees present a final report to the House by the last sitting day of the second sitting
           week in 2005—put and passed.


9    WATER MANAGEMENT AMENDMENT BILL 2004

     Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Costa:
     That this bill be now read a second time.

     Debate resumed.

     ____________________

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


10   QUESTIONS

     ____________________

     Distinguished Visitors

     The President invited attention to the presence in the public gallery of members of the Government
     Administration Select Committee from the New Zealand House of Representatives, led by Diane Yates,
     MHR.
     ____________________

     Questions continued.


11   STATEMENT BY PRESIDENT—COMPUTER NETWORK SUPPORT

     The President made a statement regarding computer network support on sitting nights.


12   PAPER—TABLED BY MINISTER

     Mr Hatzistergos tabled the following paper:

     Law Enforcement (Controlled Operations) Act 1997 and the Law Enforcement (Controlled Operations)
     Regulation 1998—Report on review of Act, dated February 2004.
                                                                                                          887
                          Legislative Council Minutes No. 61—Wednesday 23 June 2004

13   MESSAGE FROM THE LEGISLATIVE ASSEMBLY—COMPULSORY DRUG TREATMENT
     CORRECTIONAL CENTRE BILL 2004

     The Deputy President (Mrs Forsythe) reported the following message from the Legislative Assembly:

     Madam PRESIDENT

     The Legislative Assembly has this day agreed to the Bill titled “An Act to amend the Drug Court Act
     1998, the Crimes (Sentencing Procedure) Act 1999 and the Crimes (Administration of Sentences) Act
     1999 to provide for the compulsory treatment and rehabilitation of recidivist drug offenders; and for
     related purposes” and returns the same to the Legislative Council without amendment.

     Legislative Assembly                                                                 JOHN AQUILINA
     23 June 2004                                                                                Speaker

     ____________________

     According to sessional order, debate on committee reports proceeded with.
     ____________________


14   GENERAL PURPOSE STANDING COMMITTEE NO. 1

     Order of the day read for resumption of the interrupted debate of the question on the motion of Revd Mr
     Nile: That the House take note of Report No. 24 of General Purpose Standing Committee No. 1 entitled
     “Serious injury and death in the workplace”, dated May 2004.

     Debate resumed.

     Motion made (Mr West speaking) and question: That this debate be now adjourned until the next
     Wednesday on which debate on committee reports takes precedence—put and passed.


15   STANDING COMMITTEE ON STATE DEVELOPMENT

     Order of the day read for resumption of the interrupted debate of the question on the motion of Mr Burke:
     That the House take note of Report No. 29 of the Standing Committee on State Development entitled
     “Inquiry into Port Infrastructure in New South Wales: Interim Report”, dated May 2004.

     Debate resumed.

     ____________________

     According to standing order, debate on Committee reports interrupted after 1 hour.
     ____________________


16   WATER MANAGEMENT AMENDMENT BILL 2004

     Order of the day read for resumption of the interrupted debate of the question on the motion of Mr Costa:
     That this bill be now read a second time.

     Debate resumed.

     Question put: That this bill be now read a second time.
888
                      Legislative Council Minutes No. 61—Wednesday 23 June 2004

The House divided.

                                                  Ayes 30

                Mr Burke                   Mr Gay                        Mr Oldfield
                Ms Burnswoods              Ms Griffin                    Ms Parker
                Mr Catanzariti             Mr Harwin *                   Mrs Pavey
                Mr Clarke                  Mr Hatzistergos               Mr Pearce
                Mr Colless                 Mr Jenkins                    Mr Primrose *
                Ms Cusack                  Mr Kelly                      Ms Robertson
                Ms Fazio                   Mr Lynn                       Mr Ryan
                Mrs Forsythe               Revd Dr Moyes                 Mr Tingle
                Mr Gallacher               Revd Mr Nile                  Mr Tsang
                Miss Gardiner              Mr Obeid                      Mr West

                                                                         * Tellers


                                                  Noes 6

                Mr Breen *                 Mr Cohen                      Ms Rhiannon *
                Dr Chesterfield-Evans      Ms Hale                       Dr Wong

                                                                         * Tellers


Question resolved in the affirmative.

Bill read a second time.

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

The committee reported the bill without amendment.

The House adopted the report.

Standing orders having been suspended Wednesday 2 June 2004—

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

Question put.

The House divided.

                                                  Ayes 25

                Mr Burke                   Mrs Forsythe                  Revd Mr Nile
                Ms Burnswoods              Miss Gardiner                 Ms Parker
                Mr Catanzariti             Mr Gay                        Mrs Pavey
                Mr Clarke                  Ms Griffin                    Mr Pearce
                Mr Colless                 Mr Harwin *                   Mr Primrose *
                Mr Costa                   Mr Jenkins                    Mr Tingle
                Ms Cusack                  Mr Kelly                      Mr West
                Mr Egan                    Mr Lynn
                Ms Fazio                   Revd Dr Moyes                 * Tellers
                                                                                                         889
                           Legislative Council Minutes No. 61—Wednesday 23 June 2004

                                                      Noes 5

                   Mr Breen                   Mr Cohen                      Ms Rhiannon
                   Dr Chesterfield-Evans *    Ms Hale *
                                                                            * Tellers

     Question resolved in the affirmative.

     Bill read a third time.

     Bill returned to the Legislative Assembly without amendment.


17   PAPER—TABLED BY MINISTER

     Mr Kelly tabled the following paper:

     Annual Reports (Statutory Bodies) Act 1984—Report of Wine Grapes Marketing Board for year ended
     31 December 2003.

     Ordered: That the report be printed.


18   SPECIAL ADJOURNMENT

     Mr Kelly moved: That this House at its rising today do adjourn until Thursday 24 June 2004 at 10.30 am.

     Question put and passed.


19   STATE WATER CORPORATION BILL 2004

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

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

     Debate ensued.

     Motion made (Dr Chesterfield-Evans speaking) and question: That this debate be now adjourned until
     next sitting day—put and passed.


20   ADJOURNMENT

     Mr Kelly moved: That this House do now adjourn.

     Debate ensued—resignation of the Honourable Tony Burke MLC.

     Question put and passed.

     The House adjourned at 10.45 pm until Thursday 24 June 2004 at 10.30 am.
     890
                        Legislative Council Minutes No. 61—Wednesday 23 June 2004

21   ATTENDANCE

     All members present.




                                                                                                 John Evans
                                                                                    Clerk of the Parliaments

                                    _____________________________

                                  Authorised by the Parliament of New South Wales

				
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