Parliament of new south wales




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PARLIAMENT OF NEW SOUTH WALES

LEGISLATIVE ASSEMBLY
2003-05
FIRST SESSION OF THE FIFTY-THIRD PARLIAMENT
___________________

VOTES

AND

PROCEEDINGS
No. 144
THURSDAY 15 SEPTEMBER 2005

___________________




  1. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT AMENDMENT (ETHANOL BLENDED FUEL) BILL

Mr Stoner moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend the Public Sector Employment and Management Act 2002 to require the use of ethanol blended fuel in cars owned, leased or operated by the Government of New South Wales or that are part of a public sector remuneration package; and for other purposes.


Question put and passed.
Bill presented and read a first time.
Mr Stoner moved, That this bill be now read a second time.
Mr Stoner speaking—

—————


It being 10.30 am debate interrupted for General Business Orders of the Day (for Bills).

—————


Ordered, That the resumption of the interrupted speech stand an order of the day for tomorrow.


  1. SUSPENSION OF STANDING AND SESSIONAL ORDERS—GOVERNMENT BUSINESS

Ms Nori, on behalf of Mr Scully, moved, That standing and sessional orders be suspended to postpone the remainder of general business until the conclusion of the following government business:


(1) all remaining stages of the Sporting Venues (Offenders Banning Orders) Bill; and


  1. the introduction up to and including the minister’s second reading speech of the following bills:

Security Interests in Goods Bill

Civil Liability Amendment (Offender Damages Trust Fund) Bill

Property Legislation Amendment Bill.


Debate ensued.
Question put.
The House divided.
AYES 39
Mr Amery, Ms Andrews, Mr Bartlett, Ms Beamer, Mr Black, Mr Brown, Ms Burney, Miss Burton, Mr Collier, Mr Corrigan, Mr Crittenden, Ms D'Amore, Mr Debus, Mr Gaudry, Mr Greene, Ms Hay, Mr Hickey, Mr Hunter, Ms Judge, Ms Keneally, Mr Lynch, Mr McBride, Ms Meagher, Ms Megarrity, Mr Mills, Mr Morris, Mr Newell, Ms Nori, Mr Orkopoulos, Mrs Paluzzano, Mrs Perry, Ms Saliba, Mr Shearan, Mr Stewart, Mr Watkins, Mr West and Mr Whan.
Tellers: Mr Ashton and Mr Martin.
NOES 30
Mr Aplin, Mr Barr, Ms Berejiklian, Mr Cansdell, Mr Constance, Mr Draper, Mrs Fardell, Mr Fraser, Mrs Hancock, Mr Hazzard, Mr Humpherson, Mr Kerr, Ms Moore, Mr Oakeshott, Mr Page, Mr Piccoli, Mr Pringle, Mr Richardson, Mr Roberts, Ms Seaton, Mrs Skinner, Mr Slack-Smith, Mr Souris, Mr Stoner, Mr Tink, Mr Torbay, Mr J.H. Turner and Mr R.W. Turner.
Tellers: Mr George and Mr Maguire. Pair: Mr Price—Ms Hodgkinson.
Question passed.


  1. SPORTING VENUES (OFFENDERS BANNING ORDERS) BILL

The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Scully, That this bill be now read a second time.


Question again proposed and debate resumed.
Question put and passed.
Bill read a second time.
Leave granted for the third reading forthwith.
Bill, on motion of Miss Burton, on behalf of Mr Scully, read a third time.


  1. SECURITY INTERESTS IN GOODS BILL

Mr Newell, on behalf of Mr Campbell, moved, pursuant to notice, That leave be given to bring in a bill for an Act with respect to security interests in goods; and for other purposes.


Question put and passed.
Bill presented and read a first time.
Mr Newell moved, That this bill be now read a second time.
Debate adjourned (Mr Maguire) and the resumption of the debate made an order of the day for a future day.


  1. CIVIL LIABILITY AMENDMENT (OFFENDER DAMAGES TRUST FUND) BILL

Mr Newell, on behalf of Mr Debus, moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend the Civil Liability Act 2002 to provide for the satisfaction of personal injury damages claims by victims of crime from certain damages awarded to offenders; and for other purposes.


Question put and passed.
Bill presented and read a first time.
Mr Newell moved, That this bill be now read a second time.
Debate adjourned (Mr Maguire) and the resumption of the debate made an order of the day for a future day.


  1. PROPERTY LEGISLATION AMENDMENT BILL

Mr Newell, on behalf of Mr Campbell, moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend the Real Property Act 1900, the Conveyancing Act 1919, the Local Government Act 1993 and Acts relating to strata titles to make miscellaneous provisions concerning real property; and for other purposes.

Question put and passed.
Bill presented and read a first time.
Mr Newell moved, That this bill be now read a second time.
Debate adjourned (Mr Humpherson) and the resumption of the debate made an order of the day for a future day.
—————

It being after 11.30 am, General Business Notices of Motions (General Notices) proceeded with.

—————


  1. STATE PRISON SYSTEM——POSTPONEMENT

General Business Notice of Motion No 1 (State Prison System) called on and postponed by Mr Humpherson.




  1. CONTAINER TRUCKS

Ms Keneally moved, pursuant to notice, That this House acknowledges the Government’s actions to get container trucks off Botany Road.


Debate ensued.
Question put and passed.


  1. RECORD POLICE NUMBERS

Ms Judge moved, pursuant to notice, That this House congratulates the Government for its continued commitment to record police numbers that are helping to keep the people of New South Wales safer.


Debate ensued.

—————


It being 1.00 pm, debate interrupted.

—————


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


  1. MINISTERIAL STATEMENT—PARLIAMENT HOUSE MUFTI DAY

Mr Iemma made a statement regarding today’s all sporting codes Parliament House mufti day to raise funds for the neonatal ward at Randwick Hospital.


Mr Debnam also addressed the House.


  1. NOTICES OF MOTIONS




  1. PETITIONS

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


Mrs Hopwood and Mr Tink—from certain citizens opposing the increase to poker machine tax.
Mr Stoner—from certain citizens opposing the abolition of CountryLink rail services and their replacement with buses in rural and regional New South Wales.
Mr Aplin, Mr Ashton, Mr Cansdell and Mr Page—from certain citizens opposing the Same-Sex Marriage Bill, the Same-Sex Marriage (Dissolution and Annulment) Bill and the Same-Sex Marriage (Celebrant and Registration) Bill.
Mr Aplin, Mr Cansdell, Mr Collier, Mr Stoner and Mr J.H. Turner—from certain citizens opposing the Anti-Discrimination Amendment (Religious Tolerance) Bill.
Mrs Hopwood—from certain citizens requesting that whales be protected in Australian waters.
Mr Aplin—from certain citizens requesting additional police resources in the Albury electorate.
Mr Kerr—from certain citizens opposing the proposed construction of a desalination plant at Kurnell.
Mr Stoner—from certain citizens opposing the addition of fluoride to the Kempsey and district water supply.
Mr Cansdell, Mrs Hopwood and Mr Stoner—from certain citizens requesting the continued funding of BreastScreen NSW.
Mr Cansdell—from certain citizens opposing the closure of inpatient beds and the reduction in emergency department hours at the Campbell Hospital, Coraki.
Mrs Skinner—from certain citizens requesting that the Department of Health guarantee the safety of patients and employ sufficient staff for public hospitals.
Ms Andrews—from certain citizens opposing the Somersby Fields sandmining proposal.
Mr Collier—from certain citizens opposing sand mining on the Kurnell Peninsula.
Mr Stoner—from certain citizens objecting to the criteria for country cancer patients to qualify for the Isolated Patients’ Travel and Accommodation Assistance Scheme (IPTAAS).
Mrs Hopwood—from certain citizens requesting a review of the Government’s policy on water access only properties.
Mr J H Turner—from certain citizens opposing any restrictions on recreational fishing in Mid North Coast waters.
Ms Berejiklian—from certain citizens requesting a regional traffic plan for the Pacific Highway in the City of Willoughby.
Ms Berejiklian—from certain citizens requesting a right turn arrow at the intersection of Edinburgh Road and Eastern Valley Way, Castlecrag.
Mr Collier—from certain citizens opposing the construction of any freeway or motorway through the Royal National Park and the Sutherland Shire from Loftus to St Peters.
Mr J.H. Turner—from certain citizens requesting the building of cycle ways in the Forster/Tuncurry area.


  1. PLACING AND DISPOSAL OF BUSINESS—NOTICE OF MOTION (GOVERNMENT BUSINESS)

Notice of Motion (Government Business) No 7 (Poultry Meat Industry Amendment (Prevention of National Competition Policy Penalties) Bill), withdrawn by Mr Campbell, on behalf of Mr Hickey.




  1. PUBLIC ACCOUNTS COMMITTEE

Mr Brown, Chairman, tabled the Report of the Public Accounts Committee entitled “Risk Management in the NSW Public Sector”, Report No 12/53 (No. 155), dated September 2005.


Ordered to be printed.
Mr Brown also tabled the “Extract from Minutes of Public Accounts Committee Meetings relevant to Risk Management in the NSW Public Sector”.


  1. JOINT STANDING COMMITTEE ON ELECTORAL MATTERS

Ms Saliba, Chairman, tabled the Report of the Joint Standing Committee on Electoral Matters entitled “Inquiry into the Administration of the 2003 Election and Related Matters”, Report No 1, dated September 2005.


Ordered to be printed.
Ms Saliba also tabled transcripts of proceedings of Committee relevant to the inquiry.


  1. PAPERS




  1. Mr Debus, by leave, tabled:

Report No 109 of the New South Wales Law Reform Commission entitled “Expert Witnesses”, dated June 2005.




  1. Ms Meagher, by leave, tabled:

Report of the Youth Advisory Council for 2004.




  1. MINISTERIAL ARRANGEMENTS

Mr Iemma announced that during the absence of the Minister for Police and Minister for Utilities, the Deputy Premier, Minister for Transport and Minister for State Development would answer questions on behalf of the Minister.


Mr Iemma also announced that during the absence of the Leader of the House, the Minister for Regional Development, Minister for Illawarra and Minister for Small Business would be Acting Leader of the House.


  1. NOTICES OF MOTIONS FOR URGENT CONSIDERATION

Mr Stewart—NRMA Preferred Repairer Network Scheme.

Mr Debnam—Public Sector Recruitment Freeze.


  1. QUESTIONS




  1. MINISTERIAL STATEMENT—NEW SOUTH WALES ABORIGINAL LAND COUNCIL MANAGEMENT

Mr Orkopoulos made a statement regarding Aboriginal land council management in New South Wales.


Mr Hazzard also addressed the House.


  1. PERSONAL EXPLANATION

Mr George, by leave, made a personal explanation concerning remarks made by the Minister for Local Government concerning his actions on behalf of local councils following the collapse of HIH Insurance.




  1. SPECIAL ADJOURNMENT

Mr Campbell moved, That the House at its rising this day do adjourn until Tuesday 20 September 2005, at 2.15 pm.


Question put and passed.


  1. MOTIONS FOR URGENT CONSIDERATION




  1. Mr Stewart made a statement in support of his notice for urgent consideration.

  2. Mr Debnam made a statement in support of his notice for urgent consideration—

That this House condemns Labor for its paralysis in the face of its budget crisis and calls on the Government to adopt Coalition policy of a recruitment freeze on bureaucrats.


Question—That the notice for urgent consideration of the Member for Bankstown be proceeded with—put.
The House divided.
AYES 49
Ms Allan, Mr Amery, Ms Andrews, Mr Barr, Mr Bartlett, Ms Beamer, Mr Black, Mr Brown, Ms Burney, Miss Burton, Mr Campbell, Mr Collier, Mr Corrigan, Mr Crittenden, Ms D'Amore, Mr Debus, Mrs Fardell, Mr Gaudry, Mr Gibson, Mr Greene, Ms Hay, Mr Hickey, Mr Hunter, Ms Judge, Ms Keneally, Mr Lynch, Mr McBride, Mr McLeay, Ms Meagher, Ms Megarrity, Mr Mills, Mr Morris, Mr Newell, Ms Nori, Mr Oakeshott, Mr Orkopoulos, Mrs Paluzzano, Mr Pearce, Mrs Perry, Ms Saliba, Mr Sartor, Mr Shearan, Mr Stewart, Mr Tripodi, Mr Watkins, Mr West and Mr Whan.
Tellers: Mr Ashton and Mr Martin.

NOES 30
Mr Aplin, Ms Berejiklian, Mr Cansdell, Mr Constance, Mr Debnam, Mr Draper, Mr Fraser, Mrs Hancock, Mr Hazzard, Mrs Hopwood, Mr Humpherson, Mr Kerr, Mr Merton, Ms Moore, Mr O'Farrell, Mr Page, Mr Piccoli, Mr Richardson, Mr Roberts, Ms Seaton, Mrs Skinner, Mr Slack-Smith, Mr Souris, Mr Stoner, Mr Tink, Mr Torbay, Mr J.H. Turner and Mr R.W. Turner.


Tellers: Mr George and Mr Maguire.
Pairs: Mr Price—Mr Armstrong; Mr Scully—Ms Hodgkinson and Mr Yeadon—Mr Pringle.
Question passed.


  1. MOTION FOR URGENT CONSIDERATION—NRMA PREFERRED REPAIRER NETWORK SCHEME

Mr Stewart moved, pursuant to notice, That this House:




  1. Supports the State’s 2,200 smash repairers and the more than 20,000 people employed in this NSW industry;




  1. Expresses its concern about the impact of the NRMA Insurance’s web-based quotation system, known as Preferred Repairer Network Scheme on their livelihood; and




  1. Notes concerns raised by NRMA Insurance policyholders that they are being denied freedom of choice to select smash repairers.

Debate ensued.

—————

It being 4.15 pm, debate interrupted for private members’ statements.



—————

  1. MESSAGES FROM THE LEGISLATIVE COUNCIL




  1. Ms Saliba, Acting Speaker, reported the following message from the Legislative Council:

MR SPEAKER


The Legislative Council desires to inform the Legislative Assembly that it has this day discharged the order of the day for the second reading of the Registered Clubs Legislation Amendment Bill 2004.
Legislative Council MEREDITH BURGMANN

13 September 2005 President




  1. The Acting Speaker also reported the following message from the Legislative Council:

MR SPEAKER


The Legislative Council desires to inform the Legislative Assembly that it has this day discharged the order of the day for the second reading of the National Parks and Wildlife Amendment (Jenolan Caves Reserve Trust) Amendment Bill 2004.
Legislative Council MEREDITH BURGMANN

13 September 2005 President




  1. LEGISLATION REVIEW COMMITTEE

Ms Burney moved, by leave, That




  1. Paul Ronald Pearce be appointed to serve on the Legislation Review Committee in place of Linda Jean Burney, resigned.




  1. A message be sent informing the Legislative Council.




  1. PRIVATE MEMBERS’ STATEMENTS

Question proposed—That private members’ statements be noted.


Debate ensued.
Question put and passed.


  1. ADJOURNMENT

The House adjourned, pursuant to sessional orders, at 5.50 pm, until 20 September 2005, at 2.15 pm.


RUSSELL D. GROVE PSM JOHN AQUILINA

Clerk of the Legislative Assembly Speaker


__________________
Authorised by the Parliament of New South Wales


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