204-vap-s.docx · web view2235 votes and proceedings of the new south wales legislative assembly...

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PARLIAMENT OF NEW SOUTH WALESLEGISLATIVE ASSEMBLY

2007-08-09-10

FIRST SESSION OF THE FIFTY-FOURTH PARLIAMENT

___________________

VOTESAND

PROCEEDINGSNo. 204

TUESDAY 31 AUGUST 2010

___________________

1 MEETING OF THE HOUSE

The House met at 1.00 pm pursuant to adjournment.

The Speaker took the Chair and read the prayer and the acknowledgement of country.

2 NOTICES OF MOTIONS (GENERAL NOTICES)

3 PRIVATE MEMBERS’ STATEMENTS_____________

The Acting Speaker (Mr Campbell) left the Chair at 2.09 pm.

The Speaker resumed the Chair at 2.15 pm._____________

4 SPEAKER’S STATEMENT—CHAMBER BROADCAST SYSTEM

The Speaker made a statement regarding the installation of the new Chamber broadcast system.

5 SPEAKER’S STATEMENT—NOTICES OF MOTIONS DATABASE

The Speaker made a statement regarding the new Legislative Assembly Notices of Motions Database.

6 MESSAGES FROM THE GOVERNOR

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

28 June 2010

Act No. 43 Appropriation BillAct No. 44 Appropriation (Parliament) BillAct No. 45 Appropriation (Special Offices) BillAct No. 46 State Revenue Legislation Amendment BillAct No. 47 Banana Industry Repeal BillAct No. 48 Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)

BillAct No. 49 Duties Amendment (NSW Home Builders Bonus) BillAct No. 50 Electricity and Gas Supply Legislation Amendment (Retail Price

Disclosures and Comparisons) BillAct No. 51 Fair Trading Amendment (Unfair Contract Terms) BillAct No. 52 Health Legislation Amendment BillAct No. 53 Home Building Amendment (Warranties and Insurance) BillAct No. 54 Industrial Relations Amendment (Public Sector Appeals) BillAct No. 55 Jury Amendment BillAct No. 56 Parliamentary Contributory Superannuation Amendment BillAct No. 57 Personal Property Securities Legislation Amendment BillAct No. 58 Police Legislation Amendment (Recognised Law Enforcement Officers)

BillAct No. 59 Statute Law (Miscellaneous Provisions) BillAct No. 60 Superannuation Legislation Amendment BillAct No. 61 Commercial Arbitration BillAct No. 62 Community Relations Commission and Principles of Multiculturalism

Amendment BillAct No. 63 Courts Legislation Amendment Bill.

7 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE ADMINISTRATOR

The Speaker reported the following message from the Administrator:

JAMES ALLSOP Office of the GovernorAdministrator Sydney, 12 July 2010

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

8 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE ADMINISTRATOR

The Speaker reported the following message from the Administrator:

MARGARET BEAZLEY Office of the GovernorAdministrator Sydney, 16 July 2010

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

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

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

JAMES ALLSOP Office of the GovernorAdministrator Sydney, 17 July 2010

The Honourable Justice James Allsop, Administrator of the State of New South Wales, has the honour to inform the Legislative Assembly, consequent on the Governor of New South Wales, Professor Marie Bashir having assumed the administration of the Government of the Commonwealth of Australia, he has this day re-assumed the administration of the Government of the State.

10 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 GovernorGovernor Sydney, 21 July 2010

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 7.15 pm on 21 July 2010.

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


J.J. SPIGELMAN Office of the GovernorLieutenant-Governor Sydney, 29 July 2010

The Honourable James Jacob Spigelman, Chief Justice of New South Wales, Lieutenant-Governor of the State of New South Wales, has the honour to inform the Legislative Assembly that, consequent on the Governor of New South Wales, Professor Marie Bashir having assumed the administration of the Government of the Commonwealth of Australia, he has this day at 11.00 am assumed the administration of the Government of the State.



MARIE BASHIR Office of the GovernorGovernor Sydney, 30 July 2010

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 7.30 pm on 30 July 2010.



J.J. SPIGELMAN Office of the GovernorLieutenant-Governor Sydney, 14 August 2010

The Honourable James Jacob Spigelman, Chief Justice of New South Wales, Lieutenant-Governor of the State of New South Wales, has the honour to inform the Legislative Assembly that, consequent on the Governor of New South Wales, Professor Marie Bashir having assumed the administration of the Government of the Commonwealth of Australia, he has this day at 10.00 am assumed the administration of the Government of the State.



MARIE BASHIR Office of the GovernorGovernor Sydney, 16 August 2010

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 8.30 pm on 16 August 2010.



J.J. SPIGELMAN Office of the GovernorLieutenant-Governor Sydney, 28 August 2010

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

16 MINISTERIAL STATEMENT—DEATH OF THE HONOURABLE ROY SMITH

Ms Keneally made a statement regarding the death of the Honourable Roy Smith MLC.

Mr O’Farrell also addressed the House.

Members and officers stood as a mark of respect.

17 NOTICES OF MOTIONS

18 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

Ms D’Amore—National Health Reforms.Mr O’Farrell—Government Performance.

19 QUESTION TIME

20 PAPERS

(1) Ms Tebbutt tabled the report on the Review of the Terrorism (Police Powers) Act 2002.

(2) Mr Daley tabled:

Variations of the Receipts and Payments Estimates and Appropriations for 2009-10, under section 26 of the Public Finance and Audit Act 1983, arising from the provision by the Commonwealth of Specific Purpose Payments in excess of the amounts included in the State’s receipts and payments estimates – Department of Education and Training; and NSW Treasury.

Workplace Injury Management and Workers Compensation Act 1998—Workers Compensation Commission Rules 2010.

(3) Mr Sartor tabled the Regulatory Impact Statement on the proposed Protection of the Environment Operations (Clean Air) Regulation 2010.

21 PARLIAMENTARY ETHICS ADVISER

The Speaker tabled the report of the Parliamentary Ethics Adviser for the year ended 30 June 2010.

Ordered to be printed.

22 OMBUDSMAN

The Speaker, in accordance with section 31AA of the Ombudsman Act 1974, announced receipt of the reports of the NSW Ombudsman entitled:

“The need to better support children and young people in statutory care who have been victims of violent crime”, dated June 2010 (received 30 June 2010).

“People with disabilities and the closure of residential centres”, dated August 2010 (received 26 August 2010).


23 INDEPENDENT COMMISSION AGAINST CORRUPTION

The Speaker, in accordance with section 78 of the Independent Commission Against

Corruption Act 1988, announced receipt of the reports of the Independent Commission Against Corruption entitled:

“Investigation into the submission of false claims for Sitting Day Relief payments by a NSW MP and members of her electorate staff”, dated July 2010 (received 13 July 2010).

“Investigation into the smuggling of contraband into the John Morony Correctional Centre”, dated July 2010 (received 27 July 2010).

“Investigation into attempted corrupt payment and submission of false resumés to public authorities”, dated August 2010 (received 13 August 2010).


24 PARLIAMENTARY ELECTORATES AND ELECTIONS ACT

The Speaker, in accordance with section 81N of the Parliamentary Electorates and Elections Act 1912, announced receipt from the Commission for Children and Young People of the audit of the Child-Related Conduct Declaration made by the member for Penrith (received 9 August 2010).


25 PASSENGER TRANSPORT ACT

The Clerk, in accordance with section 46D of the Passenger Transport Act 1990, announced receipt of the Office of Transport Safety Investigations Report entitled “Bus Safety Investigation Report – Unsecured Bus Floor Hatch – Castle Hill – 19 March 2010” (received 25 June 2010).

26 STATE OWNED CORPORATIONS ACT

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

Statement of Corporate Intent of the Transport Infrastructure Development Corporation for the year ending 30 June 2010 (received 30 June 2010).

Half Yearly Report of the Transport Infrastructure Development Corporation for the period ended 31 December 2009 (received 30 June 2010).

27 ANNUAL REPORTS

The Clerk, in accordance with section 11 of the Annual Reports (Statutory Bodies) Act 1984, announced receipt of the reports for 2009 of: Wine Grapes Marketing Board (received 21 July 2010); and the Wild Dog Destruction Board (received 22 July 2010).

28 OMBUDSMAN

(1) The Clerk, in accordance with section 344A of the Criminal Procedure Act 1986, announced receipt of the Report of the NSW Ombudsman entitled “Review of the impact of Criminal Infringement Notices on Aboriginal communities”, dated August 2009 (received 22 July 2010).

(2) The Clerk, in accordance with section 242 of the Law Enforcement (Powers and

Responsibilities) Act 2002, announced receipt of the report of the NSW Ombudsman entitled “Report under section 242(3) of the Law Enforcement (Powers and Responsibilities) Act 2002 for the period ending 28 May 2010”, dated July 2010 (received 4 August 2010).

29 RAIL SAFETY ACT

The Clerk, in accordance with section 74 of the Rail Safety Act 2008, announced receipt of the report of the Independent Transport Safety and Reliability Regulator entitled “Implementation of the NSW Government’s Response to the Final Report of the Special Commission of Inquiry into the Waterfall Accident Reporting period: April – June 2010” (received 5 August 2010).

30 LAW REFORM COMMISSION ACT

The Clerk, in accordance with section 13 of the Law Reform Commission Act 1967, announced receipt of report 120 of the New South Wales Law Reform Commission entitled “Invasion of Privacy”, dated April 2009 (received 23 August 2010).

31 LEGISLATION REVIEW COMMITTEE

The Clerk, in accordance with section 10 of the Legislation Review Act 1987, announced receipt of the report of the Legislation Review Committee entitled “Legislation Review Digest No. 10 of 2010”, dated 30 August 2010 (received 30 August 2010).

32 STANDING COMMITTEE ON PARLIAMENTARY PRIVILEGE AND ETHICS

Mr Pearce, Chair, tabled the report of the Standing Committee on Parliamentary Privilege and Ethics entitled “Report on Inquiry into the Draft Constitution (Disclosures by Members) Amendment (De Facto Relationships) Regulation 2010”, dated August 2010.


33 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):

2220VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY

Tuesday 31 August 2010

(1) For the week ending 25 June 2010

Children (Criminal Proceedings) Act 1987—Children (Criminal Proceedings) Amendment (Youth Conduct Orders) Regulation 2010 LW 25 June 2010.

Civil Procedure Act 2005—

(a) Practice Note DC (Civil) No. 15—District Court—Pre-judgment interest rates (GG No. 84 of 25 June 2010, p 2968).

(b) Practice Note—Land and Environment Court of NSW—Pre-Judgment Interest Rates (GG No. 84 of 25 June 2010, p 2968).

(c) Practice Note SC Gen 3—Copying of court documents (GG No. 84 of 25 June 2010, p 2955).

(d) Practice Note SC Gen 13—Supreme Court—Search Orders (also known as “Anton Piller Orders”) (GG No. 84 of 25 June 2010, p 2957).

(e) Practice Note SC Gen 14—Supreme Court—Freezing Orders (also known as “Mareva orders” or “asset preservation orders”) (GG No. 84 of 25 June 2010, p 2963).

(f) Practice Note SC Gen 16—Supreme Court—Pre-judgment interest rates (GG No. 84 of 25 June 2010, p 2968).

(g) Uniform Civil Procedure Rules (Amendment No. 33) 2010 LW 25 June 2010.

(h) Uniform Civil Procedure Rules (Amendment No. 34) 2010 LW 25 June 2010

Consumer, Trader and Tenancy Tribunal Act 2001—Consumer, Trader and Tenancy Tribunal Amendment (Electronic Case Management System) Regulation 2010 LW 25 June 2010.

Criminal Case Conferencing Trial Act 2008—Criminal Case Conferencing Trial Amendment (Extension) Regulation 2010 LW 25 June 2010.

Criminal Records Act 1991—Criminal Records Amendment (Sexual Offences) Regulation 2010 LW 25 June 2010.

Driving Instructors Act 1992—Driving Instructors Amendment (Fees) Regulation 2010 LW 25 June 2010.

Electricity Supply Act 1995—Electricity Supply (General) Amendment (Solar Bonus Scheme) Regulation 2010 LW 25 June 2010.

Electronic Transactions Act 2000—Electronic Transactions Amendment Regulation 2010 LW 25 June 2010.

Fair Trading Act 1987—

(a) Fair Trading Amendment (Aquatic Toys and Flotation Aids) Regulation 2010 LW 25 June 2010.



(b) Revocation of Prohibition Order under section 31 (GG No. 84 of 25 June 2010, p 2952).

Fisheries Management Act 1994—Fisheries Management Legislation Amendment (Fees, Charges and Contributions) Regulation 2010 LW 25 June 2010.

Health Practitioner Regulation National Law—Health Practitioner Regulation National Law Regulation (Victorian Government Printer on 22 June 2010).

Law Enforcement (Controlled Operations) Act 1997—Law Enforcement (Controlled Operations) Amendment Regulation 2010 LW 25 June 2010.

National Parks and Wildlife Act 1974—Notice of reservation of a national park under section 30A (1) and (2) reserving land as part of Capertee National Park (GG No. 84 of 25 June 2010, p 2954).

NSW Trustee and Guardian Act 2009—

(a) NSW Trustee and Guardian Amendment (Reciprocal Arrangements) Regulation 2010 LW 25 June 2010.

(b) NSW Trustee and Guardian Amendment (Transitional Periods) Regulation 2010 LW 25 June 2010.

Photo Card Act 2005—Photo Card Amendment (Fees and Penalty Notice Offences) Regulation 2010 LW 25 June 2010.

Professional Standards Act 1994—Notification pursuant to section 13—New South Wales Bar Association Professional Standards Scheme (GG No. 84 of 25 June 2010, p 2969).

Road Transport (Driver Licensing) Act 1998—Road Transport (Driver Licensing) Amendment (Fees) Regulation 2010 LW 25 June 2010.

Road Transport (General) Act 2005—Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2010 LW 25 June 2010.

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

Road Transport (Vehicle Registration) Act 1997—

(a) Road Transport (Vehicle Registration) Amendment (Fees) Regulation 2010 LW 25 June 2010.

(b) Road Transport (Vehicle Registration) Amendment (Heavy Vehicle Registration Charges) Regulation 2010 LW 25 June 2010.

Roads Act 1993—Roads Amendment (Penalty Notice Offences) Regulation 2010 LW 25 June 2010.

Tow Truck Industry Act 1998—Tow Truck Industry Amendment (Maximum Fees) Regulation 2010 LW 25 June 2010.



(2) For the week ending 2 July 2010

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

Civil Procedure Act 2005—

(a) Civil Procedure Amendment (Fees) Regulation 2010 LW 1 July 2010.

(b) Local Court Practice Note No. 1 of 2010 (GG No. 90 of 2 July 2010, p 3246).

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

(d) Practice Note SC EQ 2—Supreme Court Equity Division—Admiralty List (GG No. 90 of 2 July 2010, p 3251).

Conveyancing Act 1919—Conveyancing (General) Amendment (Fees) Regulation 2010 LW 1 July 2010.

Criminal Procedure Act 1986—Criminal Procedure Amendment (Fees) Regulation 2010 LW 1 July 2010.

Dust Diseases Tribunal Act 1989—Dust Diseases Tribunal Amendment (Fees) Regulation 2010 LW 1 July 2010.

Electricity Supply Act 1995—Electricity Supply (General) Amendment (Infrastructure Protection) Regulation 2010 LW 1 July 2010.

Gas Supply Act 1996—Gas Supply (Safety and Network Management) Amendment (Infrastructure Protection) Regulation 2010 LW 1 July 2010.

Health Practitioner Regulation National Law (NSW)—Health Practitioner Regulation (New South Wales) Regulation 2010 LW 1 July 2010.

Industrial Relations Act 1996—Industrial Relations (General) Amendment (Fees) Regulation 2010 LW 1 July 2010.

Legal Profession Act 2004—Legal Profession Admission Rules 2005 (GG No. 90 of 2 July 2010, p 3254).

National Parks and Wildlife Act 1974—National Parks and Wildlife Amendment Regulation 2010 LW 2 July 2010.

Passenger Transport Act 1990—Passenger Transport Amendment (Taxi Licensing) Regulation 2010 LW 2 July 2010.

Relationships Register Act 2010—Relationships Register Regulation 2010 LW 1 July 2010.

Strata Schemes (Freehold Development) Act 1973—Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2010 LW 1 July 2010.



Strata Schemes (Leasehold Development) Act 1986—Strata Schemes (Leasehold Development) Amendment (Fees) Regulation 2010 LW 1 July 2010.

Succession Act 2006—Succession Amendment (Will Deposit Fee) Regulation 2010 LW 1 July 2010.

Surveying and Spatial Information Act 2002—Surveying and Spatial Information Amendment (Fees and Deposits) Regulation 2010 LW 1 July 2010.

Threatened Species Conservation Act 1995—Threatened Species Conservation Amendment Regulation 2010 LW 2 July 2010.

Water Management Act 2000—Water Management (General) Amendment (Miscellaneous) Regulation 2010 LW 1 July 2010.


Births, Deaths and Marriages Registration Act 1995—Births, Deaths and Marriages Registration Amendment (Relationships Register) Regulation 2010 LW 9 July 2010.

Disability Services Act 1993—Disability Services Regulation 2010 LW 9 July 2010.

Environmental Planning and Assessment Act 1979—Environment Planning and Assessment Amendment (Planning Certificates for Growth Centres) Regulation 2010 LW 9 July 2010.

Evidence Act 1995—Evidence Regulation 2010 LW 9 July 2010.

Food Act 2003—Food Amendment (Food Safety Supervisors) Regulation 2010 LW 9 July 2010.

Higher Education Act 2001—Higher Education Amendment (Fees) Regulation 2010 LW 9 July 2010.

National Parks and Wildlife Act 1974—Notice of reservation of an Aboriginal Area under section 30A (1) and (2) reserving land as part of Ti-Tree Lake Aboriginal Area (GG No. 91 of 9 July 2010, p 3422).

Rice Marketing Act 1983—Rice Marketing Regulation 2010 LW 9 July 2010.

Weapons Prohibition Act 1998—Weapons Prohibition Amendment Regulation 2010 LW 9 July 2010.


Road Transport (Driver Licensing) Act 1998—Road Transport (Driver Licensing) Amendment (Speeding and Keep Left Offences) Regulation 2010 LW 16 July 2010.

Road Transport (General) Act 2005—Road Transport (General) Amendment (Keep Left Offences) Regulation 2010 LW 16 July 2010.



Road Transport (Safety and Traffic Management) Act 1999—

(a) Road Amendment (Child Seating and Restraint) Rules 2010 LW 12 July 2010.

(b) Road Amendment (Parking Exemptions for Mobile Speed Camera Vehicles) Rules 2010 LW 16 July 2010.


Building Professionals Act 2005—Notice of amendment of accreditation scheme adopted by the Minister under section 4 (7) (GG No. 94 of 23 July 2010, p 3600).

Children’s Court Act 1987—Practice Note No. 2 (GG No. 94 of 23 July 2010, p 3621).

Passenger Transport Act 1990—Passenger Transport (Drug and Alcohol Testing) Amendment Regulation 2010 LW 23 July 2010.


Apprenticeship and Traineeship Act 2001—Apprenticeship and Traineeship Regulation 2010 LW 30 July 2010.

Births, Deaths and Marriages Registration Act 1995—Births, Deaths and Marriages Registration Amendment (Fees) Regulation 2010 LW 30 July 2010.

Children’s Court Act 1987—Practice Note No. 2—Erratum (GG No. 95 of 26 July 2010, p 3649).

Coroners Act 2009—Coroners Regulation 2010 LW 30 July 2010.

Director of Public Prosecutions Act 1986—Director of Public Prosecutions Regulation 2010 LW 30 July 2010.

Electronic Transactions Act 2000—Electronic Transactions Amendment (Legal Profession) Regulation 2010 LW 30 July 2010.

Jury Act 1977—Jury Regulation 2010 LW 30 July 2010.

Local Government Act 1993—Local Government (General) Amendment (Minimum Rates) Regulation 2010 LW 30 July 2010.

Marine Safety Act 1998—Marine Safety (General) Amendment (Fees) Regulation 2010 LW 30 July 2010.

Public Finance and Audit Act 1983—Public Finance and Audit Regulation 2010 LW 30 July 2010.

Road Transport (Driver Licensing) Act 1998—Road Transport (Driver Licensing) Amendment (Demerit Point Offences) Regulation 2010 LW 30 July 2010.

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



(Over-height Vehicle Offences) Regulation 2010 LW 30 July 2010.

Road Transport (General) Act 2005—Road Transport (General) Amendment (Over-height Vehicle Offences) Regulation 2010 LW 30 July 2010.

Young Offenders Act 1997—Young Offenders Regulation 2010 LW 30 July 2010.

(7) For the week ending 6 August 2010

Biofuels Act 2007—Biofuels Amendment (Primary Wholesalers) Regulation 2010 LW 6 August 2010.

Children (Community Service Orders) Act 1987—Children (Community Service Orders) Regulation 2010 LW 6 August 2010.

Consumer, Trader and Tenancy Tribunal Act 2001—Consumer, Trader and Tenancy Tribunal Amendment (Commercial Division Fees) Regulation 2010 LW 6 August 2010.

Crimes (Sentencing Procedure) Act 1999—

(a) Crimes (Sentencing Procedure) Amendment (Intensive Correction Orders) Regulation 2010 LW 6 August 2010.

(b) Crimes (Sentencing Procedure) Regulation 2010 LW 6 August 2010.

Crown Lands Act 1989—Proposed revocation of dedication of land under section 84 (GG No. 99 of 6 August 2010, p 3729).

Drug Court Act 1998—Drug Court Regulation 2010 LW 6 August 2010.

Fines Act 1996—Fines Regulation 2010 LW 6 August 2010.

Gambling (Two-up) Act 1998—Gambling (Two-up) Regulation 2010 LW 6 August 2010.

Industrial Relations Act 1996—

(a) Practice Note No. 22 (GG No. 99 of 6 August 2010, p 3761).

(b) Practice Note No. 23 (GG No. 99 of 6 August 2010, p 3765).

(c) Practice Note No. 24 (GG No. 99 of 6 August 2010, p 3768).

(d) Practice Note No. 25 (GG No. 99 of 6 August 2010, p 3770).

(e) Practice Note No. 26 (GG No. 99 of 6 August 2010, p 3771).

Law Enforcement and National Security (Assumed Identities) Act 1998—Law Enforcement and National Security (Assumed Identities) Regulation 2010 LW 6 August 2010.



National Parks and Wildlife Act 1974—

(a) Notice of reservation of a historic site under section 30A (1) and (2) reserving land as South Solitary Island Historic Site (GG No. 99 of 6 August 2010, p 3774).

(b) Notice of reservation of a national park under section 30A (1) reserving land as part of Curracabundi National Park (GG No. 99 of 6 August 2010, p 3775).

(c) Notice of reservation of a nature reserve under section 30A (1) reserving land as part of Goorooyarroo Nature Reserve (GG No. 99 of 6 August 2010, p 3774).

(d) Notices of reservation of a nature reserve under section 30A (1) and (2) reserving land as: Barwon Nature Reserve (GG No. 99 of 6 August 2010, p 3773); and Ginghet Nature Reserve (GG No. 99 of 6 August 2010, p 3775).

(d) Notice of reservation of a state conservation area under section 30A (1) and (2) reserving land as Barwon State Conservation Area (GG No. 99 of 6 August 2010, p 3773).

Stock (Chemical Residues) Act 1975—Stock (Chemical Residues) Regulation 2010 LW 6 August 2010.

Summary Offences Act 1988—Summary Offences Regulation 2010 LW 6 August 2010.


Animal Research Act 1985—Animal Research Regulation 2010 LW 13 August 2010.

Guardianship Act 1987—Guardianship Regulation 2010 LW 13 August 2010.

Health Administration Act 1982—Health Administration Regulation 2010 LW 13 August 2010.

National Parks and Wildlife Act 1974 —Notice of reservation of land under section 30A (1) and (2) (GG No. 100 of 13 August 2010, p 3853).

Protection of the Environment Operations Act 1997—Protection of the Environment Operations (Clean Air) Regulation 2010 LW 13 August 2010.

Roads Act 1993—Roads Amendment (Tollways) Regulation 2010 LW 13 August 2010.

Statutory and Other Offices Remuneration Act 1975—Report and Determination under section 14 of the Act (GG No. 100 of 13 August 2010, p 3862).


Children and Young Persons (Care and Protection) Act 1998—Children and Young Persons (Care and Protection) (Child Employment) Regulation 2010 LW 20 August 2010.

Crimes Act 1900—Crimes Regulation 2010 LW 20 August 2010.



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

Exhibited Animals Protection Act 1986—Exhibited Animals Protection Regulation 2010 LW 20 August 2010.

Food Act 2003—Food Amendment (Beef Labelling) Regulation 2010 LW 20 August 2010.

Library Act 1939—Library Regulation 2010 LW 20 August 2010.

Local Court Act 2007—

(a) Amended Practice Note 1 of 2000—Legal Costs (GG No. 105 of 20 August 2010, p 3938).

(b) Practice Note 1/2001 Re-issued (GG No. 105 of 20 August 2010, p 3940).

(c) Local Court Practice Note No. 5 of 2002 Re-issued (GG No. 105 of 20 August 2010, p 3946).

(d) Local Court Practice Note No. 7 of 2003 Re-issued (GG No. 105 of 20 August 2010, p 3950).

(e) Local Court Practice Note No. 10 of 2003 Re-issued (GG No. 105 of 20 August 2010, p 3951).

(f) Local Court Practice Note No. 11 of 2003 Re-issued (GG No. 105 of 20 August 2010, p 3953).

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

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

(i) Practice Note 1 of 2005 Re-issued (GG No. 105 of 20 August 2010, p 3958).

(j) Practice Note 2 of 2005 Re-issued (GG No. 105 of 20 August 2010, p 3964).

(k) Local Court Practice Note No. 3 of 2005 Re-issued (GG No. 105 of 20 August 2010, p 3969).

(l) Local Court Practice Note No. 4 of 2005 Re-issued (GG No. 105 of 20 August 2010, p 3974).

(m) Chief Industrial Magistrate’s Court Practice Note No. 1 of 2005 Re-issued (GG No. 105 of 20 August 2010, p 3975).

National Parks and Wildlife Act 1974—Notices of reservation of a national park under section 30A (1) reserving land as part of: Kings Plains National Park (GG No. 105 of 20 August 2010, p 3933); and Kwiambal National Park (GG No. 105 of 20 August 2010, p 3933).



Property (Relationships) Act 1984—Property (Relationships) Regulation 2010 LW 20 August 2010.

Public Sector Employment and Management Act 2002—Public Sector Employment and Management (Goods and Services) Regulation 2010 LW 20 August 2010.

Road Transport (Vehicle Registration) Act 1997—Road Transport (Vehicle Registration) Amendment (Number-Plates) Regulation 2010 LW 20 August 2010.

State Records Act 1998—State Records Regulation 2010 LW 20 August 2010 .

Statutory and Other Offices Remuneration Act 1975—Report and Determination under section 14 of the Act (GG No. 105 of 20 August 2010, p 3935).

Stock Foods Act 1940—Stock Foods Regulation 2010 LW 20 August 2010.

Stock Medicines Act 1989—Stock Medicines Regulation 2010 LW 20 August 2010.

Supreme Court Act 1970—Practice Note SC CL 2—Supreme Court Common Law Division—Criminal Proceedings (GG No. 105 of 20 August 2010, p 3934).

Sydney Opera House Trust Act 1961—Sydney Opera House Trust By-law 2010 LW 20 August 2010.

Trustee Act 1925—Trustee Regulation 2010 LW 20 August 2010.

Wool, Hide and Skin Dealers Act 2004—Wool, Hide and Skin Dealers Regulation 2010 LW 20 August 2010.


Annual Reports (Departments) Act 1985—Annual Reports (Departments) Regulation 2010 LW 27 August 2010.

Annual Reports (Statutory Bodies) Act 1984—Annual Reports (Statutory Bodies) Regulation 2010 LW 27 August 2010.

Building Professionals Act 2005—Building Professionals Amendment Regulation 2010 LW 25 August 2010.

Catchment Management Authorities Act 2003—Catchment Management Authorities (Hunter Central Rivers) Regulation 2010 LW 27 August 2010.

Children (Detention Centres) Act 1987—Children (Detention Centres) Regulation 2010 LW 27 August 2010.

Confiscation of Proceeds of Crime Act 1989—Confiscation of Proceeds of Crime Regulation 2010 LW 27 August 2010.

Conveyancing Act 1919—Conveyancing (Sale of Land) Regulation 2010 LW 27 August 2010.



Criminal Procedure Act 1986—Criminal Procedure Regulation 2010 LW 27 August 2010.

Fisheries Management Act 1994—Fisheries Management (General) Regulation 2010 LW 27 August 2010.

Gaming Machines Act 2001—Gaming Machines Regulation 2010 LW 27 August 2010.

Hunter Water Act 1991—Hunter Water Regulation 2010 LW 27 August 2010.

Institute of Teachers Act 2004—Institute of Teachers Regulation 2010 LW 27 August 2010.

Mental Health Act 2007—Mental Health Amendment (Psychosurgery) Regulation 2010 LW 27 August 2010.

Motor Dealers Act 1974—Motor Dealers Regulation 2010 LW 27 August 2010.

Motor Vehicle Sports (Public Safety) Act 1985—Motor Vehicle Sports (Public Safety) Regulation 2010 LW 27 August 2010.

Mount Panorama Motor Racing Act 1989—Mount Panorama Motor Racing Regulation 2010 LW 27 August 2010.

National Parks and Wildlife Act 1974—Errata (GG No. 108 of 27 August 2010, p 4290).

Parramatta Stadium Trust Act 1988—Parramatta Stadium Trust By-law 2010 LW 27 August 2010.

Passenger Transport Act 1990—Passenger Transport (Drug and Alcohol Testing) Regulation 2010 LW 27 August 2010.

Plant Diseases Act 1924—OR 109: Order under Section 13A (GG No. 108 of 27 August 2010, p 4004).

Poisons and Therapeutic Goods Act 1966—Poisons and Therapeutic Goods Amendment (Fees) Regulation 2010 LW 27 August 2010.

Police Regulation (Superannuation) Act 1906—Police Superannuation Regulation 2010 LW 27 August 2010.

Ports and Maritime Administration Act 1995—Ports and Maritime Administration Amendment (Site Occupation Charges) Regulation 2010 LW 27 August 2010.

Racing Appeals Tribunal Act 1983—Racing Appeals Tribunal Regulation 2010 LW 27 August 2010.

Rural Lands Protection Act 1998—Rural Lands Protection Regulation 2010 LW 27 August 2010.

State Authorities Non-contributory Superannuation Act 1987—State Authorities Non-contributory Superannuation Regulation 2010 LW 27 August 2010.



State Authorities Superannuation Act 1987—State Authorities Superannuation Regulation 2010 LW 27 August 2010.

Strata Schemes Management Act 1996—Strata Schemes Management Regulation 2010 LW 27 August 2010.

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

Threatened Species Conservation Act 1995—Threatened Species Conservation Regulation 2010 LW 27 August 2010.

Timber Marketing Act 1977—Timber Marketing Regulation 2010 LW 27 August 2010.

Valuers Act 2003—Valuers Regulation 2010 LW 27 August 2010.

Workers Compensation Act 1987—Workers Compensation Amendment (Latest Index Number) Regulation (No. 2) 2010 LW 27 August 2010.

Youth and Community Services Act 1973—Youth and Community Services Regulation 2010 LW 27 August 2010.

34 PETITIONS

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

Mr Draper—from certain citizens requesting funding for renal patients transport services.

Mr Fraser—from certain citizens requesting funding for breast screening to allow free access for women aged 40 to 79 years.

Mr Maguire—from certain citizens requesting funding and the nomination of a start date in the current Parliamentary term for the construction of a new Wagga Wagga Base Hospital.

Mr Maguire—from certain citizens requesting funding for a second respite house and to provide access to existing respite premises in the Wagga Wagga electorate.

Mr Maguire—from certain citizens requesting the establishment of a hearing school in Wagga Wagga.

Mr Smith and Mr Torbay—from certain citizens requesting the introduction of drug reform through a five fold strategy.

Mr Fraser, Mr Hickey, Mr Maguire, Mr Smith, Mr Souris, Mr Stoner and Mr Torbay—from certain citizens requesting support for the Summary Offences Amendment (Full-face Covering) Bill 2010.

Ms Moore—from certain citizens requesting improved services for the 389 bus route.



Ms Moore—from certain citizens requesting the construction of a light rail service to the sporting stadia and former showgrounds near Moore Park and beyond.

Ms Andrews, Mr Aplin, Mr Ayres, Mr Coombs, Mr Draper, Mr Fraser, Mr George, Mr Hazzard, Mr Hickey, Mr Martin, Mr O’Dea, Mr Smith, Mr Souris and Mr Torbay—from certain citizens opposing the proposed public schools ethics classes and requesting support for scripture classes.

Mr Hickey, Mr Stoner and Mr Torbay—from certain citizens opposing any adoption law changes that take away the right of adopted children to be raised by a mother and father.

Mr Stoner—from certain citizens requesting the allocation of additional police resources to South West Rocks.

Mr Stoner—from certain citizens requesting adequate police presence in Dorrigo.

Ms Andrews—from certain citizens requesting energy efficiency refits of pensioner and other low income households in New South Wales.

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

Ms Moore—from certain citizens requesting an increased and subsequently maintained level of funding for mental health services.

Mr Pearce—from certain citizens requesting legislative changes to improve the safety of pedestrians on pathways and footpaths that are shared with cyclists.

Ms Moore—from certain citizens requesting that no inner city public housing stock be sold and that funding be increased for housing maintenance.

Mr Torbay—from certain citizens opposing the forced amalgamation of the Guyra Shire Council with Armidale Dumaresq Council and Uralla Shire Council.

(2) The Clerk announced that the following members had each lodged petitions for presentation signed by 500 or more persons:

Mr Pearce—from certain citizens opposing any redevelopment of the site bounded by Coogee Bay Road, Arden and Vicar Streets and the southern boundary of the Coogee Bay Hotel as a Major Project under Part 3A of the Environmental Planning and Assessment Act 1979.

Ms Moore—from certain citizens opposing any transfer of land from the Centennial Park and Moore Park Trust to the Sydney Cricket and Sports Ground Trust and requesting increased funding to the Trust and proper public consultation on any future proposals that affect public access to the parklands.

(3) The Clerk also announced receipt of the following ministerial responses to petitions signed by 500 or more persons:

The Hon C Tebbutt—Isolated Travel and Accommodation Assistance Scheme—lodged 18 May 2010 (Mr Cansdell).



The Hon C Tebbutt—Rebuilding of Hornsby Ku-ring-gai Hospital—lodged 21 May 2010 (Mrs Hopwood).

The Hon A Kelly—Amendment of the Local Environmental Plan template—1 June 2010 (Mr Page).

The Hon J Robertson—Improved bus services-Walsh Bay precinct and improved ferry services wharf pier 2/3—lodged 2 June and 9 June 2010 (Ms Moore).

The Hon A Kelly—Sale of Crown Land Reserve (R.27986)—lodged 2 June 2010 (Mr Maguire).

The Hon M Daley—Police Citizens Youth Club-Clarence electorate—lodged 8 June 2010 (Mr Cansdell).

The Hon P Lynch—Increased retail electricity prices—lodged 8 June 2010 (Mrs Fardell).

The Hon J Robertson—Installation of an elevator-Doonside station—lodged 22 June 2010 (Mr Gibson).

The Hon D Borger—Funding for Bringagee Road—lodged 22 June 2010 (Mr Piccoli).

The Hon A Kelly—Warriewood redevelopment Conception Plan Stage 1—lodged 23 June 2010 (Mr Stokes).

The Hon M Daley—Police presence-Dorrigo—lodged 23 June 2010 (Mr Stoner).

The Hon P Costa—Weir structure-Wilcannia—lodged 23 June 2010 (Mr J.D. Williams).

The Hon K Greene—Transfer of Land from Centennial Park/Moore Park Trust to Sydney Cricket Ground Trust—lodged 23 June and 24 June 2010 (Ms Moore).

The Hon V Firth—Support for scripture classes—lodged 24 June 2010 (Mr Torbay).

35 PLACING OR DISPOSAL OF BUSINESS—LAPSING OF GENERAL BUSINESS

The Speaker advised the House that in accordance with standing order 105 (3), general business notices of motions (general notices) nos 908, 910 and 912 to 935, either not having commenced or not been completed, had lapsed.

36 PERSONAL EXPLANATION

Mr Richardson, by leave, commenced on a personal explanation in relation to comments made by the Premier during Question Time.

The Speaker ruled that it was not a personal explanation.

37 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

(1) Ms D’Amore made a statement in support of her notice being accorded priority over the other business of the House.



(2) Mr O’Farrell also made a statement in support of his notice being accorded priority—

That this House:

(1) Notes that Queensland Premier and National ALP President Anna Bligh, former Prime Minister Bob Hawke and Bill Shorten identified the New South Wales disease as a key factor in the Federal election.

(2) Notes that the people of New South Wales continue to suffer from the New South Wales Government’s failure to invest in infrastructure and provide the reliable services they deserve.

(3) Calls on the Premier to finally accept responsibility for her own Government’s poor performance and start putting the public's interest first.

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

Question put.

The House divided.

AYES 48

Mr Amery, Ms Andrews, Ms Beamer, Mr Borger, Mr Brown, Ms Burney, Ms Burton, Mr Campbell, Mr Collier, Mr Coombs, Mr Corrigan, Mr Costa, Ms D’Amore, Mr Daley, Ms Firth, Mr Furolo, Ms Gadiel, Mr Gibson, Mr Greene, Mr Harris, Ms Hay, Mr Hickey, Ms Hornery, Ms Judge, Mr Khoshaba, Mr Koperberg, Mr Lalich, Mr Lynch, Mr McBride, Dr McDonald, Ms McKay, Mr McLeay, Ms McMahon, Ms Megarrity, Mr Morris, Mr Pearce, Mrs Perry, Mr Rees, Mr Sartor, Mr Shearan, Mr Stewart, Ms Tebbutt, Mr Terenzini, Mr Tripodi, Mr West and Mr Whan.

Tellers: Mr Ashton and Mr Martin.

NOES 42

Mr Aplin, Mr Ayres, Mr Baird, Mr Baumann, Ms Berejiklian, Mr Besseling, Mr Cansdell, Mr Constance, Mr Debnam, Mr Dominello, Mr Draper, Mrs Fardell, Mr Fraser, Ms Goward, Mrs Hancock, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, Mr Humphries, Mr Kerr, Mr Merton, Ms Moore, Mr O’Dea, Mr O'Farrell, Mr Page, Mr Piccoli, Mr Piper, Mr Provest, Mr Richardson, Mr Roberts, Mrs Skinner, Mr Smith, Mr Souris, Mr Stokes, Mr Stoner, Mr J.H. Turner, Mr R.W. Turner, Mr J.D. Williams and Mr R.C. Williams.

Tellers: Mr George and Mr Maguire. In the Chair: Mr Torbay.

Question passed.

38 MOTION ACCORDED PRIORITY—NATIONAL HEALTH REFORMS

Ms D’Amore moved, pursuant to notice, That this House congratulates the New South Wales Government on leading the nation in the delivery of Council of Australian Governments (COAG) beds.



Debate ensued.

Question put.

The House divided.

AYES 48

Mr Amery, Ms Andrews, Ms Beamer, Mr Borger, Mr Brown, Ms Burney, Ms Burton, Mr Campbell, Mr Collier, Mr Coombs, Mr Corrigan, Mr Costa, Ms D'Amore, Mr Daley, Ms Firth, Mr Furolo, Ms Gadiel, Mr Gibson, Mr Greene, Mr Harris, Ms Hay, Mr Hickey, Ms Hornery, Ms Judge, Mr Khoshaba, Mr Koperberg, Mr Lalich, Mr Lynch, Mr McBride, Dr McDonald, Ms McKay, Mr McLeay, Ms McMahon, Ms Megarrity, Mr Morris, Mr Pearce, Mrs Perry, Mr Rees, Mr Sartor, Mr Shearan, Mr Stewart, Ms Tebbutt, Mr Terenzini, Mr Tripodi, Mr West and Mr Whan.

Tellers: Mr Ashton and Mr Martin.

NOES 40

Mr Aplin, Mr Ayres, Mr Baird, Mr Baumann, Ms Berejiklian, Mr Besseling, Mr Cansdell, Mr Constance, Mr Debnam, Mr Dominello, Mr Draper, Mrs Fardell, Mr Fraser, Ms Goward, Mrs Hancock, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, Mr Humphries, Mr Kerr, Mr Merton, Mr O'Dea, Mr Page, Mr Piccoli, Mr Piper, Mr Provest, Mr Richardson, Mr Roberts, Mrs Skinner, Mr Smith, Mr Souris, Mr Stokes, Mr Stoner, Mr J.H. Turner, Mr R.W. Turner, Mr J.D. Williams and Mr R.C. Williams.

Tellers: Mr George and Mr Maguire. In the Chair: Mr Torbay.

Question passed._____________

It being before 4.30 pm, government business proceeded with._____________

39 CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) AMENDMENT (CHILDREN’S SERVICES) BILL

The order of the day was read for the resumption of the adjourned debate, on the motion of Ms Burney, That this bill be now agreed to in principle.

Question again proposed and debate resumed.

Question put and passed.

Bill agreed to in principle.

The Assistant Speaker (Ms Megarrity) declared the bill to have passed the House.



40 LAW ENFORCEMENT AND NATIONAL SECURITY (ASSUMED IDENTITIES) BILL

The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Daley, That this bill be now agreed to in principle.Question again proposed and debate resumed.



The Assistant Speaker (Ms Megarrity) declared the bill to have passed the House.

41 ELECTRONIC TRANSACTIONS AMENDMENT BILL

The order of the day was read for the resumption of the adjourned debate, on the motion of Ms Tebbutt, That this bill be now agreed to in principle.




The Deputy Speaker declared the bill to have passed the House.

42 PRIVACY AND GOVERNMENT INFORMATION LEGISLATION AMENDMENT BILL

The order of the day was read for the resumption of the adjourned debate, on the motion of Ms Tebbutt, That this bill be now agreed to in principle.




The Deputy Speaker declared the bill to have passed the House.

43 PLANT DISEASES AMENDMENT BILL

The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Whan, That this bill be now agreed to in principle.




The Acting Speaker (Mr George) declared the bill to have passed the House.



_____________

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

44 MATTER OF PUBLIC IMPORTANCE—LOCUST PLAGUE

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

New South Wales Locust Plague 2010.

Discussion ensued and concluded.

45 ADJOURNMENT

The House adjourned, pursuant to standing and sessional orders, at 7.08 pm, until tomorrow, at 10.00 am.

Attendance: All members present except Mr Aquilina.

RUSSELL D. GROVE PSM RICHARD TORBAYClerk of the Legislative Assembly Speaker

__________________

Authorised by the Parliament of New South Wales

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