minutes of proceedings - Parliament of NSW

1325

LEGISLATIVE COUNCIL

MINUTES OF PROCEEDINGS No. 88 WEDNESDAY 16 NOVEMBER 2016

Contents 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

Meeting of the House ............................................................................................................................. 1327 Order for Papers—Indoor sports stadium near Wentworth Park Sporting Complex Trust (Formal Business) ................................................................................................................................................ 1327 Festival of Diwali (Formal Business) ..................................................................................................... 1327 NSW Association of Jewish Ex-Servicemen and Women (Formal Business) ....................................... 1329 Earlwood Public School Centenary (Formal Business) ......................................................................... 1330 Animal Abuse Victims of Domestic Violence (Formal Business) ......................................................... 1330 Episcopal ordination of new Auxiliary Bishops (Formal Business) ...................................................... 1331 Palliative Care NSW Biennial State Conference (Formal Business) ..................................................... 1332 76th Anniversary of Oxi Day (Formal Business) ................................................................................... 1332 2016 Russian Ressurrection Film Festival (Formal Business) ............................................................... 1333 Measuring Economic and Social Development (Formal Business) ....................................................... 1334 Magen David Adom (Formal Business) ................................................................................................. 1335 Papers—Tabled by Minister................................................................................................................... 1335 Petition ................................................................................................................................................... 1336 Notices of Motions ................................................................................................................................. 1337 Notice of Motion Withdrawn ................................................................................................................. 1337 Business Postponed ................................................................................................................................ 1337 Select Committee on Human Trafficking—Membership ...................................................................... 1337 General Purpose Standing Committee No. 3—Membership .................................................................. 1337 Procedure Committee—Reference ......................................................................................................... 1337 Disallowance of Statutory Rule—Item [3] of Schedule 1 of the Civil and Administrative Tribunal Amendment (Fees) Regulation 2016 ...................................................................................................... 1338 Disallowance of Statutory Rule—Biofuels Regulation (No 2) 2016 ..................................................... 1338 Disallowance of Statutory Rule—Fair Trading Amendment (Fuel) Regulation 2016 ........................... 1338 Conduct of Business—Valedictory Speech of Ms Jan Barham ............................................................. 1339 Business Postponed ................................................................................................................................ 1339 Independent Commission Against Corruption Amendment Bill 2016................................................... 1339 Questions ................................................................................................................................................ 1339 Papers—Tabled by Minister................................................................................................................... 1340 Independent Commission Against Corruption Amendment Bill 2016................................................... 1340 Assent to Bills ........................................................................................................................................ 1344

1326 Legislative Council Minutes No. 88—Wednesday 16 November 2016 31 32

Adjournment .......................................................................................................................................... 1345 Attendance ............................................................................................................................................. 1345

1327 Legislative Council Minutes No. 88—Wednesday 16 November 2016 1

MEETING OF THE HOUSE The House met at 11.00 am according to adjournment. The President took the Chair and read the prayers. ____________________ Distinguished Visitors The President welcomed into the public gallery a delegation from the Kenyan Parliament Service Commission, accompanied by the former Clerk of the Legislative Council of Victoria, Mr Wayne Tunnecliffe. ____________________

2

ORDER FOR PAPERS—INDOOR SPORTS STADIUM NEAR WENTWORTH PARK SPORTING COMPLEX TRUST (Formal Business) Mr Moselmane, on behalf of Ms Voltz moved, according to notice: That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents in the possession, custody or control of the Minister for Sport or the Wentworth Park Sporting Complex Trust, relating to the location or feasibility of an Indoor Sports Stadium in the central business district or near the Wentworth Park Sporting Complex Trust site: (a)

all documents, including those in electronic form and those authored by consultants,

(b)

reports and presentations prepared by third parties,

(c)

information and brochures/packs from third parties,

(d)

submissions from external parties on any proposals for use of Wentworth Park,

(e)

any document relating or referring to asset and land lease or disposal of Wentworth Park, and

(f)

and any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.

Question put and passed.

3

FESTIVAL OF DIWALI (Formal Business) Mr Clarke moved, according to notice: 1.

That this House notes that: (a)

on Friday 21 October 2016, a celebration of the Festival of Diwali hosted by the Honourable John Ajaka MLC, Minister for Multiculturalism, was held at the Museum of Contemporary Art, Sydney attended by several hundred members and friends of the Indian Australian community,

(b)

those who attended as guests included: (i) the Honourable Mike Baird MP, Premier of New South Wales, (ii) the Honourable Daniel Mookhey MLC representing Mr Luke Foley MP, Leader of the Opposition, (iii) Dr Geoff Lee MP, Member for Parramatta and Parliamentary Secretary for Multiculturalism, (iv) the Honourable David Clarke MLC, Parliamentary Secretary for Justice,

1328 Legislative Council Minutes No. 88—Wednesday 16 November 2016 (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) (xviii) (c)

2.

the Honourable Matt Kean MP, Member for Hornsby, Parliamentary Secretary for Treasury, Ms Jodi McKay MP, Member for Strathfield, Shadow Minister for Transport, Shadow Minister for Roads, Maritime and Freight, Mr Mark Coure MP, Member for Oatley, Deputy Government Whip in the Legislative Assembly, Mr Kevin Conolly MP, Member for Riverstone, Ms Julia Finn MP, Member for Granville, Mr Adam Crouch MP, Member for Terrigal, Temporary Speaker of the Legislative Assembly, Mr B. Vanlalvawna, Consul General of India in Sydney, Consuls General from the following countries: Nepal, Pakistan and Papua New Guinea, Dr G. K. Harinath OAM, Chairman, Multicultural NSW and Mrs G Harinath, Mr Hakan Harman, CEO, Multicultural NSW, Dr Eman Sharobeem, Advisory Board Member, Multicultural NSW, Mr Devpaal Singh, Youth Advisory Board Member, Multicultural NSW, representatives of numerous Indian Australian and Sri Lankan Australian community organisations, representatives of various religious faith traditions, and

at the Diwali celebration the following community elders were given recognition by the Honourable Mike Baird MP, Premier, for their contribution to their respective communities and to the New South Wales community generally: (i) Professor Nihal Agar AM, (ii) Sant Ram Bajaj, (iii) Mina W. Singh AM, (iv) Amjer Singh Gill, (v) Ms Leela Gune, (vi) Mrs Shubha Kumar, (vii) Mr Jayaraman (Jay Raman) Guruswami JP, (viii) Dr Purushottam (Peter) Sawricker.

That this House: (a)

congratulates the following community elders who were recognised by the Premier for their contribution to their respective communities and to the New South Wales community generally: (i) Professor Nihal Agar AM, (ii) Sant Ram Bajaj, (iii) Mina W. Singh AM, (iv) Amjer Singh Gill, (v) Ms Leela Gune, (vi) Mrs Shubha Kumar, (vii) Mr Jayaraman (Jay Raman) Guruswami JP, and (viii) Dr Purushottam (Peter) Sawricker, and

(b)

extends best wishes and greetings to the members of the Indian Australian community and to other ethnic and religious communities who are celebrating the 2016 Festival of Diwali.



NSW ASSOCIATION OF JEWISH EX-SERVICEMEN AND WOMEN (Formal Business) Mr Donnelly moved, according to notice: 1.

2.

3.

That this House notes: (a) the New South Wales Association of Jewish Ex-Servicemen & Women (NAJEX) is one of the oldest Jewish organisations in Australia, (b)

NAJEX was founded in 1920 to perpetuate the memory and deeds of those Jews who served in Australia’s armed forces from the time of the Sudan Campaign to the present, and

(c)

the organisation is open to Jewish active and former servicemen and women, their families and friends and others, whether Jewish or not, who support the objectives of NAJEX.

That this House notes: (a)

the annual Communal Wreath Laying and Remembrance Day Service organised by NAJEX was held on Sunday, 6 November 2016 at the Sydney Jewish Museum and NSW Jewish War Memorial, Darlinghurst Road, Darlinghurst, and

(b)

VIPs and special guests attending including: (i) His Excellency General the Hon. David Hurley AC DSC (Ret’d), Governor of NSW and Mrs Hurley, (ii) the Honourable Tanya Plibersek MP, Deputy Leader of the Federal Opposition, (iii) the Honourable Dr Mike Kelly AM MP, Member for Eden-Monaro, (iv) the Honourable Jillian Skinner MP, Minister for Health, (v) the Honourable Gabrielle Upton MP, Attorney-General, representing the Premier, the Honourable Mike Baird MP and the Minister for Emergency Services and Veterans Affairs, the Honourable David Elliot MP, (vi) the Honourable Greg Donnelly MLC representing the Leader of the Opposition, the Honourable Luke Foley MP, (vii) the Honourable Bruce Notley-Smith MP, Member for Coogee, (viii) Councillor Leon Goltsman, representing the Mayor of Waverley Council, Ms Sally Betts, (ix) Councillor Greg Levenston, representing the Mayor of Woollahra Council, Ms Toni Zeltzer, (x) Colonel Darcy Rawlinson Head Quarters, Forces Command, (xi) Acting Inspector Alison Brennan, Kings Cross Local Area Command, (xii) Mr Gerry Byrnes, Acting Assistant Commissioner, Fire and Rescue NSW, representing the Commissioner of Fire & Rescue NSW, Commissioner Greg Mullins AFSM, (xiii) Legatee Paul Lane, President of Sydney Legacy, (xiv) Mrs Saresa Andrews-Dunstan representing the President of War Widows’ Guild of Australia NSW, Mrs Meg Green, (xv) Mr Glenn Kolomeitz, CEO and State Secretary, Returned Services League (NSW Branch), (xvi) Mr George Sachse, Treasurer, NSW National Servicemen’s Association.

That this House acknowledges and congratulates the work of NAJEX and encourages it to continue its outstanding community activities.



EARLWOOD PUBLIC SCHOOL CENTENARY (Formal Business) Mrs Houssos moved, according to notice: 1.

2.


Earlwood Public School was built in 1916,

(b)

on 22 October 2016 Earlwood Public School celebrated its centenary, and

(c)

the official centenary ceremony included: (i) a welcome address by the 2016 school captains, (ii) an Acknowledgment of Country by the Honourable Linda Burney MP, (iii) an address on the school’s incredible milestone by the principal, Mrs Sandra Angel, (iv) the unveiling of a time capsule by the principal, Mrs Angel, and (v) an address by the former Prime Minister and student, the Honourable John Howard OM AC.

That this House congratulates: (a)

the Centenary Committee for their tireless work to celebrate Earlwood Public School’s centenary including: (i) a pop up museum showcasing the history of Earlwood Public School, (ii) a photographic display of class photos from 1916 to 2016,

(b)

the school bands of Campsie Public School, Canterbury Boys High School, Earlwood Public School and Kingsgrove North High School for their fantastic performances, and

(c)

the teachers and staff of Earlwood Public School and the principal, Mrs Sandra Angel.


6

ANIMAL ABUSE VICTIMS OF DOMESTIC VIOLENCE (Formal Business) Mr Pearson moved, according to notice: 1.

That this House commends Anna Ludvik, founder of Lucy’s Project, for her work in raising awareness of the issue of animal abuse victims of domestic violence.

2.

That this House notes that at the recent ‘Animal Abuse and Domestic Violence International Perspectives’ conference held in Sydney hosted by Lucy’s Project international guest speaker, Allie Phillips from Sheltering Animals and Pets Together (SAF-T), USA, spoke about the bond between companion animals and human victims of domestic violence, citing the example of Hank, a Great Dane who shielded his female guardian McKenzie from a brutal attack by her partner, noting that: (a)

Hank was honoured for his courage and bravery by the Humane Society of the United States receiving the Valor Dog of the Year and People’s Hero award at the Fifth Annual Dogs of Valor Awards,

(b)

Hank threw himself on top of McKenzie when her partner began attacking her with a hammer, in order to protect McKenzie from the blows,

(c)

the partner then began attacking Hank, beating the dog, throwing him from the porch by the neck,

1331 Legislative Council Minutes No. 88—Wednesday 16 November 2016

3.

(d)

McKenzie escaped and called the police who arrived to arrest the partner and found Hank still alive but suffering a broken hip and ribs,

(e)

McKenzie sought refuge at the Rose Brooks Center but when she learned she could not bring Hank with her, she refused to go until the Centre agreed to change its ‘no animals’ policy,

(f)

as a response to the story of Hank, the Rose Brooks Center shelter is building a wing that will house the companion animals of victims of domestic violence, and

(g)

Susan Miller, CEO of Rose Brooks Center, has said: ‘Families need to have a safe place to escape to, a place that welcomes the entire family including pets’.

That this House acknowledges that many human victims of domestic violence are unable to leave abusive partners and seek safety due to the difficulty in finding emergency shelters or rental accommodation that provide housing for companion animals.


7

EPISCOPAL ORDINATION OF NEW AUXILIARY BISHOPS (Formal Business) Mr Clarke moved, according to notice: 1.

2.


on Wednesday 24 August 2016, the episcopal ordinations of Most Reverend Anthony Randazzo and Most Reverend Richard Umbers as the two new Auxiliary Bishops for the Catholic Archdiocese of Sydney were held at St Mary’s Cathedral, Sydney before a capacity audience,

(b)

the Archbishop of Sydney, Most Reverend Archbishop Anthony Fisher OP, was the principal celebrant for the ordination mass, which was concelebrated by 30 bishops and more than 100 priests, and

(c)

those who attended as guests included: (i) Senator the Honourable Concetta Fierravanti-Wells, Minister for International Development and the Pacific, representing the Honourable Malcolm Turnball MP, Prime Minister, (ii) Senator the Honourable Jacinta Collins, Shadow Parliamentary Secretary to the Leader of the Opposition representing the Honourable Bill Shorten, Leader of the Federal Opposition, (iii) numerous Federal and State Members of Parliament and civic leaders, (iv) representatives of other Christian churches and other religious faith traditions, (v) representatives of numerous Catholic community organisations.


extends its congratulations and best wishes to Most Reverend Anthony Randazzo and Most Reverend Richard Umbers on their ordination as Auxiliary Bishops for the Catholic Archdiocese of Sydney, and

(b)

extends its regards and best wishes to the Catholic community of New South Wales.



PALLIATIVE CARE NSW BIENNIAL STATE CONFERENCE (Formal Business) Mr Donnelly moved, according to notice: 1.

2.

3.


Palliative Care New South Wales is the peak body in New South Wales representing palliative care providers and those with an interest in palliative care,

(b)

it was established in 1981 when palliative care service networks were beginning to develop, and

(c)

the organisation has, and continues, to lead policy development and community education on palliative care in New South Wales.


Palliative Care New South Wales recently conducted its Biennial State Conference in Broken Hill from 13 October 2016 to 15 October 2016, and

(b)

the theme of this year’s conference was Transforming our Landscape, and

(c)

the conference, once again, had a range of excellent keynote speakers from both overseas and Australia, and

(d)

the conference this year had an extensive number of workshops, oral presentations and art and photographic exhibitions.

That this House acknowledges and congratulates Ms Therese Smeal, President, Ms Linda Hansen, Executive Officer, the Conference Organising Committee and Scientific Committee for their successful 2016 Palliative Care NSW Biennial State Conference and encourages them to continue the outstanding work that they are doing supporting and promoting palliative care in New South Wales.


9

76TH ANNIVERSARY OF OXI DAY (Formal Business) Mrs Houssos moved, according to notice: 1.


on Friday 28 October 2016, the Joint Committee for the Commemoration of the Battle of Crete and the Greek Campaign held a commemoration event to mark the 76th anniversary of Oxi Day at ANZAC Memorial, Hyde Park Sydney,

(b)

the occasion was an opportunity to remember the courage of the Greek people in refusing and resisting the ultimatum of the Axis powers, and to honour the memory of the 17,000 ANZACs who defended democracy in its birthplace, and

(c)

the celebrations included: (i) a public flag raising, (ii) a keynote address by the Honourable John Hatzistergos, Judge of the District Court of New South Wales, (iii) the Ode of Remembrance recited by Mr Bill Kotsovolos, President of the Greek RSL sub-branch,

1333 Legislative Council Minutes No. 88—Wednesday 16 November 2016 (iv)

2.

3.

a star ceremony to commemorate the gallantry and sacrifice of more than 17,000 ANZACs who served with distinction in the Battle of Crete and the Greek Campaign.

That this House notes that a number of special guests attended the commemoration event, including: (a)

the Consul General of Greece, His Excellency Dr Stavros Kyrimis,

(b)

Senator the Honourable Arthur Sinodinos AO, representing the Prime Minister, the Hon Malcolm Turnbull MP,

(c)

the Honourable Matt Thistlethwaite MP, representing the Leader of the Opposition, the Honourable Bill Shorten MP,

(d)

the Honourable John Hatzistergos, Judge of the District Court of New South Wales,

(e)

the Honourable John Ajaka MLC, Minister for Disability Services, Minister for Ageing, and Minister for Multiculturalism,

(f)

the Honourable David Clarke MLC, Parliamentary Secretary for Justice,

(g)

the Honourable Robert Brown MLC,

(h)

the Honourable Courtney Houssos MLC,

(i)

Mr Jonathon O’Dea MP, member for Davidson,

(j)

the Honourable Amanda Fazio, former President of the Legislative Council of New South Wales, and

(k)

Mr Alf Carpenter, the last surviving ANZAC and veteran of the Crete campaign.

That this House congratulates the Joint Committee for the Commemoration of the Battle of Crete and the Greek Campaign, the Consulate General of Greece and the Anzac Memorial for a moving commemoration event of the 76th anniversary of Oxi Day.


10

2016 RUSSIAN RESSURRECTION FILM FESTIVAL (Formal Business) Mr Clarke moved, according to notice: 1.


on Thursday 27 October 2016, the opening night of the 2016 Russian Resurrection Film Festival, Sydney, was held at Events Cinemas, Sydney, followed by an opening night after party at the Sydney Hilton Hotel attended by several hundred guests,

(b)

the Russian Resurrection Film Festival Sydney, which is now in its 13th year, is recognised as the largest festival of Russian films outside the Russian Federation itself,

(c)

the director, organiser and founder of the Russian Resurrection Film Festival Sydney is Mr Nicholas Maksymow, and

(d)

those who attended the opening night of the Festival included:

1334 Legislative Council Minutes No. 88—Wednesday 16 November 2016 (i)

the Honourable Bob Carr, former Premier and former Australian Foreign Affairs Minister, who officially opened the Festival, and Mrs Carr, (ii) His Excellency, Mr Grigory Logvinov, Ambassador of the Russian Federation, (iii) the Consul General for the Russian Federation in Sydney, Mr Sergei Shipilov, (iv) Ms Katerina Shpitsa, film actress who appears in the Russian film ‘Flight Crew’ which premiered at the Festival opening, (v) the Honourable Victor Dominello MP, Member for Ryde, Minister for Innovation and Better Regulation, (vi) the Honourable Walt Secord MLC, Shadow Minister for Health, Shadow Minister for the Arts, Shadow Minister for the North Coast and Deputy Leader of the Opposition in the Legislative Council, (vii) Mr John Sidoti MP, Member for Drummoyne, Parliamentary Secretary for Transport, Roads, Industry, Resources and Energy, (viii) the Honourable David Clarke MLC, Parliamentary Secretary for Justice, (ix) Mr Laurie Ferguson, former Member for Werriwa, (x) the Consuls General for Brazil, Czech Republic, Egypt, France, Germany, Kazakhstan, Poland, Romania, Serbia, Sierra Leone and Switzerland, (xi) representatives of numerous Russian Australian community organisations. 2.


congratulates and commends Mr Nicholas Maksymow the Festival’s director, organiser and founder together with his organising committee on the holding of the successful 2016 Russian Resurrection Film Festival Sydney which has become a significant part of the cultural life of Australia, and

(b)

extends its best wishes to the Russian Australian community for their ongoing and positive contribution to the cultural and social life of New South Wales.


11

MEASURING ECONOMIC AND SOCIAL DEVELOPMENT (Formal Business) Ms Barham moved, according to notice: That this House notes that: (a)

in 2007, the European Commission, the European Parliament, the Club of Rome, the Organisation for Economic Co-operation and Development (OECD) and the World Wildlife Fund hosted a conference called ‘Beyond GDP’ with an aim to define the most appropriate ways of measuring national progress,

(b)

the President of the European Commission, Jose Manuel Barroso, opened the conference by stating ‘We cannot face the future with the tools of the past. It’s time to go beyond GDP’,

(c)

in 2008, French President Nicolas Sarkozy established the Commission on the Measurement of Economic Performance and Social Progress, which was led by Nobel Laureate Joseph Stiglitz with economists Amartya Sen and Jean-Paul Fitoussi,

(d)

in 2009, the Stiglitz-Sen-Fitoussi Commission published its report which recommended at least seven different measures to assess national quality of life: health, education, environment, employment, material wellbeing, interpersonal concerns and political engagement,

(e)

in 2011, the OECD launched its interactive ‘Better Life Initiative’ website with eleven measures essential to wellbeing including health, education, environment, community and work-life balance, housing and employment,

(f)

in 2012, the United Nations granted natural capital equal status to the gross domestic product,

1335 Legislative Council Minutes No. 88—Wednesday 16 November 2016 (g)

in 2013, the International Integrated Reporting Council (IIRC) published its online framework of business reporting titled ‘International Integrated Reporting Framework Version 1.0’ that recognises and encourages the consideration of and accounting for a broader range of values that are able to be reported, and which includes the six capitals of financial capital, manufactured capital, intellectual capital, human capital, social and relationship capital and natural capital, and

(h)

IIRC partners include the Association of Chartered Certified Accountants, the International Federation of Accountants and the Chartered Institute of Management Accountants.


12

MAGEN DAVID ADOM (Formal Business) Mr Clarke moved, according to notice: That this House notes that: (a)

on Monday 26 September 2016, Christian World View held a gathering at Parliament House to hear a presentation on the history and humanitarian work of ‘Magen David Adom’, Israel’s Medical Emergency Service,

(b)

among the attendees were: (i) Mr Roland Nagel, President, ‘Friends of Magen David Adom’ (New South Wales Division), (ii) Mrs Louise Southwell representing Christian Friends of ‘Magon David Adom’, (iii) Mrs Judy Russell, Convenor, Christian World View, (iv) the Honourable David Clarke MLC, who acted as master of ceremonies, (v) Mr Tony Zeigler and Mrs Zeigler, Board Members of Magen David Adom, (vi) Mrs Jacqi Bakker,

(c)

Magen David Adom was officially founded in 1930 in Palestine to operate as a voluntary prehospital emergency medical organisation and blood bank centre,

(d)

in 1950 Magen David Adom became Israel’s National Red Cross Society to act in accordance with the Geneva Convention and to function as a privately funded emergency medical and ambulance service and national blood bank, and

(e)

Magen David Adom presently provides emergency assistance in more than 680,000 emergency medical situations a year through the operation of over 1,000 ambulances and bloodmobiles by 1,850 personnel and 13,000 volunteers.


13

PAPERS—TABLED BY MINISTER Mr Blair tabled the following papers: (1)

Annual Reports (Departments) Act 1985—Reports for year ended 30 June 2016: Department of Finance, Services and Innovation Fire and Rescue NSW Office of the NSW Rural Fire Service Office of the NSW State Emergency Service Service NSW.

(2)

Annual Reports (Statutory Bodies) Act 1984—Reports for year ended 30 June 2016: Board of Studies, Teaching and Educational Standards Building Insurers' Guarantee Corporation Cemeteries & Crematoria NSW

1336 Legislative Council Minutes No. 88—Wednesday 16 November 2016 Cobar Water Board Dams Safety Committee Government Property NSW Local Land Services Mental Health Commission New South Wales Government Telecommunications Authority New South Wales Institute of Psychiatry New South Wales Rural Assistance Authority NSW Food Authority NSW Skills Board Rice Marketing Board State Records Authority Trustees of the Anzac Memorial Building Veterinary Practitioners Board Wentworth Park Sporting Complex Trust. (3)

Annual Reports (Statutory Bodies) Act 1984, NSW Aboriginal Land Rights Act 1983 and Public Finance and Audit Act 1983—Report of New South Wales Aboriginal Land Council for year ended 30 June 2016.

(4)

Annual Reports (Statutory Bodies) Act 1984 and State Insurance and Care Governance Act 2015 No 19—Report of Insurance and Care NSW for year ended 30 June 2016 together with financial statements.

(5)

Crimes (Administration of Sentences) Act 1999—Reports for year ended 31 December 2015: Serious Offenders Review Council State Parole Authority.

(6)

Mental Health Act 2007—Report of Mental Health Review Tribunal for year ended 30 June 2016.

(7)

New South Wales-Queensland Border Rivers Act 1947—Report of Dumaresq-Barwon Border Rivers Commission for year ended 30 June 2016.

(8)

Rice Marketing Act 1983 and Agricultural Industry Services Act 1998—Report of Department of Industry entitled “Annual Report on the Administration of Agricultural Statutory Authorities: for the year ended 30 June 2016”.

(9)

State Owned Corporations Act 1989—Reports for year ended 30 June 2016: Forestry Corporation Hunter Water Corporation Sydney Water Corporation (trading as Sydney Water) Water NSW.

(10)

Water Industry Competition Act 2006—Report of Independent Pricing and Regulatory Tribunal entitled “Licence compliance under the Water Industry Competition Act 2006: Report to Minister: Water-Annual Compliance Report”, dated October 2016.

Ordered: That the reports be printed.

14

PETITION TAFE Funding Mr Veitch presented a petition from 1,187 citizens of New South Wales stating that the consequences of cuts to TAFE funding in New South Wales include reducing courses, plans to sell off campuses, slashed student enrolments, the sacking of teachers and support staff, increased fees for students, and requesting that the House call on the Government to stop cuts to TAFE funding and support a plan to save TAFE.

1337 Legislative Council Minutes No. 88—Wednesday 16 November 2016 Petition received.

15

NOTICES OF MOTIONS

16

NOTICE OF MOTION WITHDRAWN Revd Mr Nile withdrew private members’ business item no. 1125 outside the order of precedence relating to President-Elect Donald Trump.

17

BUSINESS POSTPONED Notice of motion no. 1 on the Notice Paper of business of the House postponed, on motion of Mr Shoebridge, until next sitting day.

18

SELECT COMMITTEE ON HUMAN TRAFFICKING—MEMBERSHIP The President informed the House that, according to standing order, the Clerk had received the following nominations for membership of the Select Committee on human trafficking from the Leader of the Government and the Leader of the Opposition: Government: Opposition:

19

Mr Khan, Mrs Maclaren-Jones, Mr Mason-Cox Mr Donnelly, Mr Wong.

GENERAL PURPOSE STANDING COMMITTEE NO. 3—MEMBERSHIP The President informed the House that, on 15 November 2016, the Clerk had received advice that Mr Field would replace Ms Barham as a cross bench member on General Purpose Standing Committee No. 3.

20

PROCEDURE COMMITTEE—REFERENCE Mr Gay sought the leave of the House to amend business of the House notice of motion no. 2 by omitting all words after “That” and inserting instead: “the following proposed variations to the rules applying to notices of motions be referred to the Procedure Committee for inquiry and report: (a)

a notice of motion must not contain statements, quotations, lists of names or details or other matter not strictly necessary to make the proposed resolution or order intelligible,

(b)

a notice of motion must not contain argument or debating points,

(c)

a notice of motion must be clear in its purpose, concise and relate to a matter within the competency of the House,

(d)

a notice of motion should not exceed 250 words, unless it relates to the business of the House, matters of privilege, or the establishment of committees,

(e)

a member may not give more than three notices of motions each sitting day, and

(f)

a notice of motion which is contrary to these rules or the standing orders will be amended before it appears on the Notice Paper.”

No objection taken.

1338 Legislative Council Minutes No. 88—Wednesday 16 November 2016 Leave granted. Mr Gay moved, according to notice, as by leave amended: That the following proposed variations to the rules applying to notices of motions be referred to the Procedure Committee for inquiry and report:

21

(a)

a notice of motion must not contain statements, quotations, lists of names or details or other matter not strictly necessary to make the proposed resolution or order intelligible,

(b)

a notice of motion must not contain argument or debating points,

(c)

a notice of motion must be clear in its purpose, concise and relate to a matter within the competency of the House,

(d)

a notice of motion should not exceed 250 words, unless it relates to the business of the House, matters of privilege, or the establishment of committees,

(e)

a member may not give more than three notices of motions each sitting day, and

(f)

a notice of motion which is contrary to these rules or the standing orders will be amended before it appears on the Notice Paper—put and passed.

DISALLOWANCE OF STATUTORY RULE—ITEM [3] OF SCHEDULE 1 OF THE CIVIL AND ADMINISTRATIVE TRIBUNAL AMENDMENT (FEES) REGULATION 2016 Question: That the motion of Ms Barham proceed as business of the House—put and passed. Ms Barham moved: That the matter proceed forthwith. Question put and passed. Ms Barham then moved, according to notice: That, under section 41 of the Interpretation Act 1987, this House disallows item [3] of schedule 1 of the Civil and Administrative Tribunal Amendment (Fees) Regulation 2016, published on the NSW Legislation website on 1 July 2016. Debate ensued. Question put and negatived.

22

DISALLOWANCE OF STATUTORY RULE—BIOFUELS REGULATION (NO 2) 2016 Question: That the motion of Mr Buckingham proceed as business of the House—put and passed. Mr Buckingham then moved: That the matter proceed on the first sitting day of 2017. Question put and passed.

23

DISALLOWANCE OF STATUTORY RULE—FAIR TRADING AMENDMENT (FUEL) REGULATION 2016 Question: That the motion of Mr Buckingham proceed as business of the House—put and passed. Mr Buckingham moved: That the matter proceed on the first sitting day of 2017. Question put and passed.


CONDUCT OF BUSINESS—VALEDICTORY SPEECH OF MS JAN BARHAM Mr Gay moved, according to notice: That on Thursday 17 November 2016, proceedings be interrupted at approximately 12.30 pm, but not so as to interrupt a member speaking, to enable Ms Jan Barham to give her valedictory speech without any question before the chair. Question put and passed.

25

BUSINESS POSTPONED Order of the day no. 1 on the Notice Paper of government business postponed, on motion of Mr Gay, until a later hour of the sitting.

26

INDEPENDENT COMMISSION AGAINST CORRUPTION AMENDMENT BILL 2016 On the order of the day being read, Mr Gay moved: That this bill be now read a second time. Mr Gay sought leave to incorporate his second reading speech in Hansard. Objection taken. Leave not granted. Debate ensued. Leave granted for the remainder of the mover’s second reading speech to be incorporated in Hansard. Debate continued. Mr Searle moved: That the question be amended by omitting the word “now” and inserting at the end “this day six months”. Debate continued. ____________________ According to sessional order, proceedings interrupted at 2.30 pm for Questions. ____________________

27

QUESTIONS ____________________ Disorder—Suspension of Mr Secord The President called Mr Secord to order for the third time. Under standing order 192, the President ordered that Mr Secord be removed from the chamber by the Usher of the Black Rod until the end of Question Time. Mr Secord left the chamber, accompanied by the Usher of the Black Rod. ____________________

Questions continued.


PAPERS—TABLED BY MINISTER Mr Blair tabled the following papers: (1)

Annual Reports (Departments) Act 1985—Reports for year ended 30 June 2016: Department of Industry, Skills and Regional Development Ministry of Health, together with financial statements, volumes 1, 2 and 3

(2)

Annual Reports (Statutory Bodies) Act 1984— Report of Mine Subsidence Board for year ended 30 June 2015, together with a statement of reasons for lateness Report of Mine Subsidence Board for year ended 30 June 2016.

(3)

Coal Innovation Administration Act 2008—Report of Coal Innovation NSW Fund for year ended 30 June 2016.

Ordered: That the reports be printed.

29

INDEPENDENT COMMISSION AGAINST CORRUPTION AMENDMENT BILL 2016 Order of the day read for resumption of the interrupted debate of the question on the motion of Mr Gay: That this bill be now read a second time. Upon which Mr Searle has moved: That the question be amended by omitting “now” and inserting at the end “this day six months”. Debate resumed. Question put: That the amendment of Mr Searle be agreed to. The House divided. Ayes 17 Ms Barham Mr Buckingham Mr Donnelly * Dr Faruqi Mr Field Mr Graham

Mrs Houssos Mr Moselmane * Mr Pearson Mr Primrose Mr Searle Mr Secord

Ms Sharpe Mr Shoebridge Mr Veitch Ms Voltz Mr Wong * Tellers

Noes 21 Mr Ajaka Mr Amato Mr Blair Mr Brown Mr Clarke Mr Colless Ms Cusack

Mr Farlow Mr Franklin * Mr Gallacher Mr Gay Mr Green Mr Khan Mr MacDonald

Mrs Maclaren-Jones * Mr Mallard Mr Mason-Cox Mrs Mitchell Revd Mr Nile Mr Pearce Dr Phelps * Tellers

1341 Legislative Council Minutes No. 88—Wednesday 16 November 2016 Pairs Mr Mookhey

Mrs Taylor

Question resolved in the negative. Original question put: That this bill be now read a second time. The House divided. Ayes 21 Mr Ajaka Mr Amato Mr Blair Mr Brown Mr Clarke Mr Colless Ms Cusack



Noes 17 Ms Barham Mr Buckingham Mr Donnelly * Dr Faruqi Mr Field Mr Graham

Mrs Houssos Mr Moselmane * Mr Pearson Mr Primrose Mr Searle Mr Secord

Ms Sharpe Mr Shoebridge Mr Veitch Ms Voltz Mr Wong * * Tellers

Pairs Mrs Taylor

Mr Mookhey

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 Chair of Committees took the Chair. Leave granted to take the bill as a whole. Mr Searle moved Opposition amendment no. 1 on sheet c2016-121B— No. 1

Appointment of Commissioners (other than Chief Commissioner) Page 3, Schedule 1 [4], lines 40 and 41. Omit all words on those lines. Insert instead: (2)

Debate ensued.

The 2 other Commissioners may only be appointed with the concurrence of the Chief Commissioner.

1342 Legislative Council Minutes No. 88—Wednesday 16 November 2016 Question put. The committee divided. Ayes 17 Ms Barham Mr Buckingham Mr Donnelly * Dr Faruqi Mr Field Mr Graham

Mrs Houssos Mr Mookhey Mr Moselmane * Mr Pearson Mr Primrose Mr Searle

Mr Secord Ms Sharpe Mr Shoebridge Ms Voltz Mr Wong * Tellers


Mr Farlow Mr Franklin * Mr Gallacher Mr Gay Mr Green Mr Harwin Mr MacDonald


Pairs Mr Veitch

Mrs Taylor

Question resolved in the negative. Amendment negatived.

Mr Searle, by leave, moved Opposition amendments nos 2 and 3 on sheet c2016-121B, in globo— No. 2

Commissioner to become Chief Commissioner Page 10, Schedule 1 [20]. Insert after line 22: 41

The Commissioner to become Chief Commissioner

The person holding the office of the former Commissioner immediately before the substitution of Part 2 of this Act by the amending Act is taken, on that substitution, to have been appointed as Chief Commissioner for the balance of the person’s term of office as the former Commissioner. No. 3

Commissioner to become Chief Commissioner Page 12, Schedule 2 [6], lines 28–32. Omit all words on those lines.

Debate ensued. Question put. The committee divided.

1343 Legislative Council Minutes No. 88—Wednesday 16 November 2016 Ayes 17 Ms Barham Mr Buckingham Mr Donnelly * Dr Faruqi Mr Field Mr Graham




Mr Farlow Mr Franklin * Mr Gallacher Mr Gay Mr Green Mr Harwin Mr MacDonald


Pairs Mr Secord

Mrs Taylor

Question resolved in the negative. Amendments negatived.

Question: That the bill, as read, be agreed to—put and passed. Ordered: That the Chair of Committees leave the Chair and report the bill without amendment. ____________________

The President took the Chair. The Chair of Committees reported the bill without amendment. The House adopted the report. Bill having been declared an urgent bill Wednesday 16 November 2016 am— Mr Ajaka moved: That this bill be now read a third time. Debate ensued. Question put. The House divided.

1344 Legislative Council Minutes No. 88—Wednesday 16 November 2016 Ayes 21 Mr Ajaka Mr Amato Mr Blair Mr Brown Mr Clarke Mr Colless Ms Cusack



Noes 17 Ms Barham Mr Buckingham Mr Donnelly * Dr Faruqi Mr Field Mr Graham



Pairs Mrs Taylor

Mr Secord

Question resolved in the affirmative. Bill read a third time. Bill returned to the Legislative Assembly without amendment.

30

ASSENT TO BILLS The President reported receipt of messages from His Excellency the Governor intimating assent to the following bills: Act No. 2016 14 November 2016 Crown Land Management Bill 2016 .................................................................................................................... 58 Land Acquisition (Just Terms Compensation) Amendment Bill 2016 ................................................................. 59 Regulatory and Other Legislation (Amendments and Repeals) Bill 2016............................................................ 60 Law Enforcement Conduct Commission Bill 2016 .............................................................................................. 61 16 November 2016 Fisheries Management Amendment (Shark Management Trials) Bill 2016 ........................................................ 62


ADJOURNMENT Mr Ajaka moved: That this House do now adjourn. Debate ensued. Question put and passed. The House adjourned at 7.22 pm until Thursday 17 November 2016 at 10.00 am.

32

ATTENDANCE All members present, except Mr Borsak.

David Blunt Clerk of the Parliaments _____________________________ Authorised by the Parliament of New South Wales