minutes 145 - 22 may 2013s.docx - parliament of nsw · web view3.that this house congratulate mr....

1719

LEGISLATIVE COUNCIL

MINUTES OF PROCEEDINGS

No. 145

WEDNESDAY 22 MAY 2013

Contents

1 Meeting of the House...............................................................................................................................17212 2013 Press Freedom Media Dinner (Formal Business)...........................................................................17213 Vietnamese vigil night (Formal Business)...............................................................................................17214 National Palliative Care Week (Formal Business)..................................................................................17225 40th anniversary of the Aquarius Festival in Nimbin (Formal Business)................................................17236 Miss Lebanon Australia Beauty Pageant (Formal Business)...................................................................17237 ANZAC Day luncheon at the Cyprus Club, Stanmore (Formal Business)..............................................17248 Pak Link Magazine (Formal Business)....................................................................................................17259 National Netball Championship (Formal Business)................................................................................172510 192nd anniversary of the Greek Declaration of Independence (Formal Business).................................172711 Triple Zero Kids Challenge game (Formal Business).............................................................................172812 Australian Macedonian Business Awards (Formal Business).................................................................172913 Irregular Petition......................................................................................................................................172914 Notices of Motions...................................................................................................................................173015 Suspension of Standing and Sessional Orders—Contingent Notice of Motion.......................................173016 Bail Bill 2013...........................................................................................................................................173017 Questions..................................................................................................................................................173018 Message from the Legislative Assembly—Victims Rights and Support Bill 2013.................................173119 Bail Bill 2013...........................................................................................................................................173120 Statutory and Other Offices Remuneration Amendment (Judicial and Other Office Holders) Bill

2013..........................................................................................................................................................173121 Vacant seat in the Legislative Council—Joint Sitting.............................................................................173322 Message from the Legislative Assembly—Education Amendment (School Providers for Overseas

Students) Bill 2013...................................................................................................................................173323 Crimes (Domestic and Personal Violence) Amendment (Information Sharing) Bill 2013.....................173424 Statutory and Other Offices Remuneration Amendment (Judicial and Other Office Holders) Bill

2013..........................................................................................................................................................173425 Message from the Legislative Assembly—Marine Parks Amendment (Moratorium) Bill 2013............173526 Business Postponed..................................................................................................................................173527 Baptist Churches of New South Wales Property Trust Amendment Bill 2013.......................................173528 Local Government Amendment (Early Intervention) Bill 2013..............................................................173629 Messages from the Legislative Assembly................................................................................................1736

1720Legislative Council Minutes No. 145—Wednesday 22 May 2013

(1) Gaming Machines Amendment (Multi-terminal Gaming Machines in Clubs) Bill 2013............1736(2) State Owned Corporations Legislation Amendment (Staff Directors) Bill 2013.........................1736

30 Adjournment............................................................................................................................................173731 Attendance...............................................................................................................................................1737


1 MEETING OF THE HOUSE

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

2 2013 PRESS FREEDOM MEDIA DINNER (Formal Business)

Mr Moselmane sought the leave of the House to amend private members’ business item no. 1307 outside the order of precedence by inserting “and the Honourable Cate Faehrmann MLC” after “the Honourable Penny Sharpe MLC” in paragraph 1 (c).

No objection taken.

Leave granted.

Mr Moselmane moved, according to notice, as by leave amended:

1. That this House notes that:

(a) the Media, Entertainment and Arts Alliance and Walkley Foundation for Journalism held the 2013 Press Freedom Media Dinner and launch of the annual State of Press Freedom in Australia,

(b) Hugh Riminton was the Master of Ceremonies and the keynote address was delivered by Kate McClymont of The Sydney Morning Herald,

(c) the dinner was attended by many politicians including the Honourable Amanda Fazio MLC, the Honourable Lynda Voltz MLC, the Honourable Luke Foley MLC, the Honourable Penny Sharpe MLC and the Honourable Cate Faehrmann MLC, as well as prominent members of the media and business industries,

(d) the annual State of Press Freedom in Australia report was also launched on the night to highlight the importance of press freedom, and

(e) the event was supported by the International Federation of Journalists and raised money for the Media Safety and Solidarity Fund.

2. That this House acknowledge the important work journalists undertake both here and overseas, and often in dangerous situations.

3. That this House congratulate the Media, Entertainment and Arts Alliance, the Walkley Foundation for Journalism, and the International Federation of Journalists for a great event and wish them well in their efforts in raising awareness for Press Freedom, Media Safety and Solidarity.

Question put and passed.

3 VIETNAMESE VIGIL NIGHT (Formal Business)

Mr Clarke moved, according to notice:


(a) on 22 March 2013, the Vietnamese Community in Australia, NSW Chapter, held a Vigil Night in Paul Keating Park, Bankstown attended by several thousand members of the Vietnamese Australian community to:(i) pray for freedom and democracy and human rights in Vietnam,


(ii) express support for major religious faith organisations, students, academics and other representatives in present day Vietnam in their campaign for human rights and political and religious freedom, in response to the Vietnamese Government’s invitation for contributions to a planned revision of the 1992 Constitution of Vietnam, and

(b) those who spoke at the Vigil included:(i) Mr Thanh Nguyen, President of the Vietnamese Community of Australia, NSW

Chapter,(ii) Mr Tri Vo, Federal President of the Vietnamese Community of Australia,(iii) the Honourable Jason Clare MP, Federal Minister for Justice and Home Affairs,(iv) Mr Craig Kelly MP, Federal Member for Hughes,(v) Mr Chris Hayes MP, Federal Member for Fowler,(vi) the Honourable David Clarke MLC, Parliamentary Secretary for Justice,(vii) Mrs Tania Mihailuk MP, Member for Bankstown,(viii) Councillor Khal Asfour, Mayor of Bankstown,(ix) religious leaders from the Catholic, Buddhist, Caodai, Tin Lanh and Hoa Hao faiths

who led the Vigil in prayer.

2. That this House:

(a) expresses its support for the Vietnamese Australian community in its campaign to promote human rights, freedom and democracy in Vietnam, and

(b) supports human rights and religious and political freedom universally.


4 NATIONAL PALLIATIVE CARE WEEK (Formal Business)

Mr Donnelly moved, according to notice:


(a) 19 to 25 May 2013 is National Palliative Care Week, and

(b) the theme for National Palliative Care Week 2013 is ‘Palliative Care…everyone’s business’.


(a) the week will be marked with a series of events around Australia to raise awareness in the community about palliative care, and

(b) in this state Palliative Care New South Wales is sponsoring and co-ordinating a number of functions to draw to the attention of the community the importance of end of life care.

3. That this House both acknowledges and congratulates Carolyn Walsh, President, Linda Hansen, Executive Officer and the Management Committee of Palliative Care New South Wales for the outstanding work that they are doing supporting and promoting palliative care.



5 40TH ANNIVERSARY OF THE AQUARIUS FESTIVAL IN NIMBIN (Formal Business)

Ms Barham moved, according to notice:


(a) 12 to 23 May 2013 marks the 40th anniversary of the Aquarius Festival in Nimbin, New South Wales,

(b) the festival’s organisers planned more than just the fourth Australian Union of Students music festival, they planned a festival of alternative thinking and sustainable living, in a valley where festival goers could stay on and live out their ideals and aspirations,

(c) the Bundjalung Elders gave their permission and support to holding the festival on their lands, building a respectful connection with traditional owners that has continued to this day,

(d) the Nimbin Valley and surrounding areas welcomed the boost that the festival offered the region, with traditional industries in a state of decline,

(e) soon after the Aquarius Festival, Nimbin became identified as a centre for counter-culture and the environmental and sustainable lifestyle movement in Australia,

(f) the new settlers in the Nimbin community experienced adversities and learned about living on the land with support from local farmers and existing residents,

(g) from Nimbin the counter-culture revolution reached out locally so that the Far Northern regions of New South Wales have become known for their innovative and sustainable technologies, ideas and models of community living, and

(h) the Aquarians and those who were inspired to the area have made diverse contributions including:(i) initiating ecological protection of old growth forests and North Coast biodiversity,(ii) developing alternative energy systems,(iii) establishing sustainable food production practices and promoting healthy lifestyles,(iv) promoting innovative architecture in intentional communities,(v) encouraging cultural diversity including music, craft and arts,(vi) engaging in political activism, and the production of community media including

newspapers and radio,(vii) supporting alternative economic models, including Local Economic Trading

Systems (LETS) and community markets.

2. That this House congratulates the Aquarians and those who have contributed to and maintained a unique and vibrant cultural community in northern New South Wales for the past 40 years.


6 MISS LEBANON AUSTRALIA BEAUTY PAGEANT (Formal Business)

Mr Ajaka moved, according to notice:

1. That this House notes that the thirteenth annual Miss Lebanon Australia Beauty Pageant was held on 28 April 2013 at Doltone House, Pyrmont.

2. That this House congratulates:


(a) Miss Dyala Bachour as the winner of the Miss Lebanon Australia Beauty Pageant 2013, who will be proceeding to compete in Miss Lebanon Emigrant in Lebanon,

(b) First runner up, Miss Layla Yarak,

(c) Second runner up, Miss Natalie Chalhoub, and

(d) Miss Charity, Miss Stephanie Azzi.

3. That this House commends Mr Joe Khoury OAM, Director of the Miss Lebanon Australia Beauty Pageant, who founded the pageant with the purpose of highlighting the talent and beauty of Lebanese immigrants within the Australian community.


(a) the Miss Lebanon Australia Beauty Pageant promotes cultural values such as beauty, tradition, and a creative outlook towards life, as well as an overall representation of Lebanon,

(b) the event gives back to the community by raising money to help charity organisations.


7 ANZAC DAY LUNCHEON AT THE CYPRUS CLUB, STANMORE (Formal Business)



(a) on 23 April 2013, the President, Mr Michael Christodoulou AM and the Board of Directors of the Cyprus Community of New South Wales, together with the President, Mr Bill Kotsovolos and the Committee of the Greek Sub-Branch of the Returned Service League, hosted an ANZAC Day luncheon at the Cyprus Club, Stanmore, and

(b) those invited as guests included:(i) the Honourable Marie Ficarra MLC, New South Wales Parliamentary Secretary to

the Premier, representing the Premier of New South Wales, the Honourable Barry O’Farrell MP,

(ii) the Honourable David Clarke MLC, New South Wales Parliamentary Secretary for Justice, representing the New South Wales Minister for Citizenship and Communities, the Honourable Victor Dominello MP,

(iii) the Honourable Amanda Fazio MLC, Opposition Whip in the New South Wales Legislative Council,

(iv) the Honourable Shaoquett Moselmane MLC,(v) Councillor Rosana Tyler of Marrickville Council,(vi) Councillor David Leary of Marrickville Council,(vii) Mr Dennis Percy, Former President of the United Nations Police Association of

Australia,(viii) Mr Neville Brown, President of the Canterbury Hurlstone Park Returned

Servicemen’s League Club,(ix) Mr Albert Vella, President of the New South Wales Federation of Community

Languages School,(x) ex-service men and women from the Greek Sub-Branch of the Returned Services

League,(xi) representatives of many other Hellenic community organisations.


2. That this House commends the Cyprus Community of New South Wales and the Greek Sub-Branch of the Returned Services League for their long tradition, extending over several decades, in commemorating ANZAC Day and in upholding the values that ANZAC Day has come to represent.


8 PAK LINK MAGAZINE (Formal Business)

Mr Moselmane moved, according to notice:


(a) Pak Link Magazine celebrated its 4th Anniversary on 3 May 2013 at Himalaya Restaurant, Granville,

(b) Pak Link is one of the leading bilingual Urdu and English magazines that has maintained continuous publication,

(c) Pak Link’s slogan is Linking Communities Together and its goal is to promote multiculturalism and harmony amongst all communities, and

(d) a number of key community leaders, ethnic media representatives, academics and politicians attended the event including Federal Member Ms Michelle Rowland MP, and the High Commissioner of Pakistan in Australia, His Excellency Abdul Malik Abdullah.

2. That this House acknowledge the contributions made by the team at Pak Link Australia in building relations and connecting communities, as well as informing Australian Pakistani’s with important news from both countries.

3. That this House congratulate Mr. Muhammad Asif, Chairman and Managing Editor of Pak Link Australia on the success of Pak Link and wish them the best for future publications.


9 NATIONAL NETBALL CHAMPIONSHIP (Formal Business)

Ms Ficarra moved, according to notice:


(a) the 2013 17/U and 19/U National Netball Championships were held in Darwin from Monday 8 to Saturday 13 April 2013,

(b) New South Wales 17/U finished third, defeating South Australia in the Preliminary Final, 36-22, and New South Wales 19/U finished fourth and were defeated by Victoria in the Preliminary Final, 32-27,

(c) the 2013 New South Wales 17/U Team consisted of: Georgia Marshall (Captain) – Manly-Warringah, Toni Anderson – Sutherland Shire, Charlotte Jasprizza – Orange, Cristy Linaker – Manly-Warringah, Madeleine McCathie – Randwick, Elyssa Pierce – Sutherland Shire, Braeden Quince – Sutherland Shire, Cassandra Radford – Sutherland Shire, Jade Riley – Liverpool City, Natasha Stratchan – Hills District, Ashley Valeni – Liverpool City, Lauren Yager (Vice–Captain) – Sutherland Shire, Head Coach – Lenore Blades, Assistant Coach – Colleen Mitchell and Team Manager – Narelle Stokes, and


(d) the 2013 New South Wales 19/U Team consisted of: Brooke Lawrence (Captain) – Manly-Warringah, Lauren Cantwell – Manly-Warringah, Zoe Gilbert – Manly-Warringah, Tahlia Goodwin – Grafton, Billie Gurr – Manly-Warringah, Madeline Hay – Sutherland Shire, Isabella Keogh – Sutherland Shire, Stephanie MacGougan – Eastwood Ryde, Gloria Masiasomua – Liverpool City, Claudia Russell (Vice-Captain) – Manly-Warringah, Tanisha Stanton – Eastwood Ryde, Peti Talanoa – Randwick, Head Coach – Jo Macdermid, Assistant Coach – Leonie Stewart-Weeks and Team Manager – Maureen Stephenson OAM.


(a) the 2013 21/U National Netball Championships were held in Canberra from Tuesday 12 and Sunday17 March 2013,

(b) New South Wales 21/U finished third, defeating Western Australia in the Preliminary Final, 53-50, and

(c) the 2013 New South Wales 21/U Team consisted of: Alix McDermott (Captain) – Baulkham Hills, Kristina Brice – Baulkham Hills, Kaitlyn Bryce – Sutherland Shire, Taylah Davies – Sutherland Shire, Gemma Ferrington – Wyong, Sophie Halpin (Vice-Captain) – Eastwood Ryde, Karli Ireland – Newcastle, Emilee Lang – Sutherland Shire, Katie McGuire – St George, Kristiana Manu’a – Liverpool City, Emma Turner – St George, Donnay van Taak – Sutherland Shire, Head Coach – Maria Lynch, Assistant Coach – Dianne Brown and Manager – Jaqua Heddle.

3. That this House notes the success of New South Wales players selected into Australian Underage Squads, including:

(a) 17/U to attend the National Development Camp at the Australian Institute of Sport from Thursday 9 to Sunday 12 May 2013: Toni Anderson, Charlotte Jasprizza, Georgia Marshall, Elyssa Pierce, Ashley Valeni and Lauren Yager,

(b) 19/U to attend a training camp at the Australian Institute of Sport from Wednesday 15 to Sunday19 May 2013: Kaitlyn Bryce, Billie Gurr, Madeline Hay, Claudia Russell and Tanisha Stanton,

(c) Australian 21/U squad (World Youth Cup): Kristina Brice, Paige Hadley, Kristiana Manu'a, Kimberley Ravaillion and Gabi Simpson were named in the 17-person squad while Karli Ireland, Brooke Miller and Amy Sommerville were invited to train with the squad at the Australian Institute of Sport from 30 April to 2 May 2013,

(d) following the squad camp of 30 April to 2 May 2013, Amy Sommerville was elevated into the 21-person squad to attend the selection camp to take place from Tuesday 21 to Thursday23 May 2013 at the Australian Institute of Sport, which will then select 12 players to represent Australia at the World Youth Netball Championships in Glasgow from Thursday 22 to Saturday 31 August 2013, and

(e) Maureen Stephenson OAM was appointed Manager of the 17/U Australian Squad and Anita Keelan is the Assistant Coach of the Australian 21/U Team to World Youth Cup.

4. That this House:

(a) congratulates and commends all players and officials who competed at the 2013 National Netball Championships and those selected to Australian Underage Squads, and

(b) commends the Board of Netball NSW Ltd for their continued outstanding service to netball in this state: Wendy Archer AM – President, Janet Bothwell, John Hahn – Company


Secretary, Ruth Havrlant, Carol Murphy – Deputy Chairperson, Cheryl McCormack and Rodney Watson.


10 192ND ANNIVERSARY OF THE GREEK DECLARATION OF INDEPENDENCE (Formal Business)


1. That this House notes that on Sunday 24 March 2013, the Greek Orthodox Archdiocese of Australia and the Greek Orthodox Community of NSW jointly celebrated the 192nd Anniversary of the Greek Declaration of Independence of 25 March 1821 with a Memorial Service held at the Cenotaph in Martin Place, Sydney followed by a procession to the Domain where a concert was held attended by 10,000 members of the Hellenic-Australian community to further celebrate the Greek Declaration of Independence as well as to also celebrate the Feast of the Annunciation which falls on the 25th day of each year.

2. That this House notes that the Memorial Service held at the Cenotaph involved the laying of wreaths by Church, Government, Diplomatic and Hellenic community representatives including:

(a) Mr Peter Theo, President of the Greek Orthodox Diocese Inter-Communities Council of NSW, representing His Eminence Archbishop Stylianos, and Greek Orthodox Parishes in New South Wales,

(b) the Honourable Barry O’Farrell MP, Premier of New South Wales,

(c) Mr John Robertson MP, Leader of the NSW Opposition,

(d) the Honourable Tony Burke MP, Minister for Sustainability, Environment, Water, Population and Communities representing the Honourable Julia Gillard MP, Prime Minister of Australia, and

(e) Senator Arthur Sinodinos, representing the Leader of the Federal Opposition, the Honourable Tony Abbott MP.

3. That this House notes that the celebration held at the Domain included:

(a) the performance of traditional Greek dances by dance groups from the Cretan Brotherhood of New South Wales, the Cyprus Community of New South Wales, the Parishes of the Greek Archdiocese of Australia and the Greek Orthodox Community of New South Wales, the Aristotelion Academy, the Hellenic Lyceum and the Thrasivoulas Dancing School,

(b) the performance of traditional songs by the Combined Choir of the Greek Orthodox Archdiocese of Australia Colleges of St Spyridon, St Euphemia and All Saints,

(c) a poetry recital by Alexandra Giakoumatos, student of the Greek Orthodox Community of New South Wales language school at Clemton Park, and

(d) congratulatory speeches by:(i) The Primate of the Greek Orthodox Archdiocese of Australa, His Eminence

Archbishop Stylianos,(ii) the Ambassador of the Hellenic Republic, His Excellency Mr Charalampos

Dafaranos,(iii) the High Commissioner of Cyprus, His Excellency Mr Ioannis Iakovov,(iv) the Honourable Julia Gillard MP, Prime Minister of Australia,


(v) Mr Scott Morrison MP, Federal Shadow Minister for Productivity and Population, and Shadow Minister for Immigration and Citizenship representing the Honourable Tony Abbott, Leader of the Federal Opposition,

(vi) the Honourable David Clarke MLC, NSW Parliamentary Secretary for Justice, representing the Premier of New South Wales, the Honourable Barry O’Farrell MP, and the Minister for Citizenship and Communities and Minister for Aboriginal Affairs, the Honourable Victor Dominello MP,

(vii) Mr John Robertson, Leader of the NSW Opposition,(viii) Mr Harry Danalis, President of the Greek Orthodox Community of NSW.

4. That this House:

(a) commends Mr Jack Passaris OAM, representing the Greek Orthodox Archdiocese of Australia and Mr Harry Danalis, President of the Greek Orthodox Community of NSW, for organising together with their respective organisations the celebration of the Anniversary of Greek Independence Day and the Feast of the Annunciation held in Sydney on 24 March 2013, and

(b) congratulates the Hellenic Australian community on the occasion of the 192nd Anniversary of Greek Independence Day and the celebration of the Feast of the Annunciation.


11 TRIPLE ZERO KIDS CHALLENGE GAME (Formal Business)



(a) on 28 March 2013 at the Bert Oldfield Public School, Seven Hills an upgrade to the “Triple Zero Kids Challenge” online children’s safety game was officially launched, and

(b) those who attended included:(i) the Honourable Mark Dreyfus QC MP, Commonwealth Attorney General,(ii) Assistant Commissioner Mark Whybro of Fire and Rescue New South Wales, and

Chairman of the National Triple Zero Awareness Work Group,(iii) the Honourable David Clarke MLC, Parliamentary Secretary for Justice,

representing the Honourable Michael Gallacher MLC, Minister for Police and Emergency Services,

(iv) Ms Michelle Rowland MP, Federal Member for Greenway,(v) Inspector Deryck Rivers of New South Wales Police Force,(vi) Superintendent Terry Jackson of the Rural Fire Service of New South Wales,(vii) Mr Doug Perrott, Principal of Bert Oldfield Public School, Seven Hills together with

students and teachers,(viii) Ms Kelly Ferguson, Manager of Community Relations for the Ambulance Service of

New South Wales,(ix) Mr Simon Collingwood of 360 Entertainment, the software developers of the “Triple

Zero Kids Challenge” program,(x) Ms Lisa Williams, Aboriginal Liaison Officer of New South Wales Fire and Rescue.

2. That this House acknowledges that:

(a) since its original launch in 2010, users of the “Triple Zero Kids Challenge” online children’s safety game have played over 750,000 games with users spending an average of 17 minutes online in each session,


(b) the game is recognised as an important public safety initiative and has won Australian Safer Communities Awards at both a State and National level, and

(c) the upgrade to the game launched on 28 March 2013 is an important initiative which provides accessibility for users with visual, mobility, and other disabilities.

3. That this Hose commends all of those who have been associated with the creation of the “Triple Zero Kids Challenge” program and its recent upgrade for their contribution to safety awareness among children throughout Australia.


12 AUSTRALIAN MACEDONIAN BUSINESS AWARDS (Formal Business)

Mr Moselmane moved, according to notice:


(a) on 10 May 2013, the Australian Macedonian Business community held its annual Business Awards,

(b) the award recipients were: Mr Petar and Mr Michael Kulakovski, Ms Belinda Risteska, Dr Vasil Tulevski and Ms Zaklina Mihajlova, and

(c) the Business Awards also launched its annual 20th Macedonian Business and Community Telephone Directory.

2. That this House:

(a) notes the work of Ms Vera Bosevski, and

(b) congratulates Ms Zaklina Mihajlova and the Australian Macedonian Business Community for their contribution to and promotion of a multicultural Australia.


13 IRREGULAR PETITION

Ms Sharpe sought the leave of the House for the suspension of standing orders to allow the presentation of a petition from 296 citizens of New South Wales concerning increases in public housing rent, which is irregular as it is addressed to members of the Legislative Assembly.

No objection taken.

Leave granted.

Increases in public housing rent

Ms Sharpe presented an irregular petition from 296 citizens of New South Wales stating that in 2009 the Federal Government delivered a boost to the pension, following which the O’Farrell Government put up public housing rents, that in 2012 the Federal Government gave pensioners a boost to help them meet any increase costs associated with putting a price on carbon, that any move to further increase public housing rents will have a serious impact on the quality of life of all Centrelink recipients, and calling on the New South Wales Government not to increase public housing rent when Centrelink benefits are increased by the Federal Government.


Petition received.

14 NOTICES OF MOTIONS

15 SUSPENSION OF STANDING AND SESSIONAL ORDERS—CONTINGENT NOTICE OF MOTION

On the President calling on the Clerk to read the order of the day, Ms Fazio moved, according to contingent notice: That standing orders be suspended to allow a motion to be moved forthwith relating to the rescission of the resolution to postpone debate on business of the House item no. 1 regarding a sessional order on written questions be called on forthwith.

Debate ensued.

Motion, by leave, withdrawn.

16 BAIL BILL 2013

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

Debate resumed.


Bill read a second time.

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

The committee reported progress and obtained leave to sit again at a later hour.

____________________

According to sessional order, proceedings interrupted at 2.30 pm for Questions.____________________

17 QUESTIONS

____________________

Distinguished Visitors

The President invited attention to the presence in the public gallery of staff on secondment to the Legislative Council from the National Parliament of Solomon Islands and Bougainville House of Representatives under the auspices of the twinning program with the New South Wales Parliament, and from the Parliament of Vanuatu.____________________

Questions continued.


18 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—VICTIMS RIGHTS AND SUPPORT BILL 2013

The President reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to establish a new Victims Support Scheme to replace the compensation scheme established under the Victims Support and Rehabilitation Act 1996 and to repeal that Act; to provide for a Commissioner of Victims Rights; and to repeal and re-enact (with minor modifications) provisions of the Victims Rights Act 1996” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK22 May 2013 Speaker

Bill, on motion of Mr Gallacher, read a first time and ordered to be printed.

Mr Gallacher moved, according to contingent notice: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House.


Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.

19 BAIL BILL 2013

On the order of the day being read, the President left the Chair and the House sat as a committee of the whole for the further consideration of this bill.

The committee reported the bill without amendment.

The House adopted the report.

Standing orders having been suspended Tuesday 21 May 2013—

Bill, on motion of Mr Gallacher, read a third time.

Bill returned to the Legislative Assembly without amendment.

20 STATUTORY AND OTHER OFFICES REMUNERATION AMENDMENT (JUDICIAL AND OTHER OFFICE HOLDERS) BILL 2013

On the order of the day being read, Mr Mason-Cox (on behalf of Mr Pearce) moved: That this bill be now read a second time.

Debate ensued.

Question put.

The House divided.


Ayes 26

Mr AjakaMs BarhamMr BlairMr BorsakMr BrownMr BuckinghamMr ClarkeMr Colless *Ms Cusack

Ms FaehrmannMs FicarraMr GallacherMr GayMr GreenDr KayeMr KhanMr LynnMr MacDonald

Mrs Maclaren-JonesMr Mason-CoxMrs MitchellRevd Mr NileMrs PaveyMr PearceDr Phelps *Mr Shoebridge

* Tellers

Noes 12

Ms CotsisMr DonnellyMs Fazio *Mr Moselmane

Mr PrimroseMr SearleMr SecordMs Sharpe

Mr VeitchMs Voltz *Ms WestwoodMr Whan

* Tellers

Pairs

Mr Harwin Mr Foley

Question resolved in the affirmative.


Leave granted to proceed to the third reading of the bill forthwith.

Standing orders having been suspended Thursday 2 May 2013—

Mr Clarke (on behalf of Mr Pearce) moved: That this bill be now read a third time.

Debate ensued.

Question put.

The House divided.

Ayes 26

Mr AjakaMs BarhamMr BlairMr BorsakMr BrownMr BuckinghamMr ClarkeMr Colless *Ms Cusack

Ms FaehrmannMs FicarraMr GallacherMr GayMr GreenDr KayeMr KhanMr LynnMr MacDonald

Mrs Maclaren-JonesMr Mason-CoxMrs MitchellRevd Mr NileMrs PaveyMr PearceDr Phelps *Mr Shoebridge

* Tellers


Noes 12

Ms CotsisMr DonnellyMs Fazio *Mr Moselmane

Mr PrimroseMr SearleMr SecordMs Sharpe

Mr VeitchMs Voltz *Ms WestwoodMr Whan

* Tellers

Pairs

Mr Harwin Mr Foley

Question resolved in the affirmative.

Bill read a third time.


21 VACANT SEAT IN THE LEGISLATIVE COUNCIL—JOINT SITTING

The Deputy President reported receipt of the following message from Her Excellency the Governor:

Office of the GovernorSydney 2000

MARIE BASHIRGovernor

MESSAGE

I, Professor MARIE BASHIR AC, CVO, in pursuance of the power and authority vested in me as Governor of the State of New South Wales, do hereby convene a joint sitting of the Members of the Legislative Council and the Legislative Assembly for the purpose of the election of a person to fill the seat in the Legislative Council vacated by Mr Eric Michael Roozendaal, and I do hereby announce and declare that such Members shall assemble for such purpose on Thursday the twenty-third day of May 2013 at 3.45pm in the building known as the Legislative Council Chamber situated in Macquarie Street in the City of Sydney; and the Members of the Legislative Council and the Members of the Legislative Assembly are hereby required to give their attendance at the said time and place accordingly.

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

Office of the GovernorSydney, 22 May 2013.

22 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—EDUCATION AMENDMENT (SCHOOL PROVIDERS FOR OVERSEAS STUDENTS) BILL 2013

The Deputy President reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Education Act 1990 in relation to approving providers to provide courses at schools to overseas students;


and for related purposes” presents the bill to the Legislative Council for its concurrence.


Bill, on motion of Mr Clarke (on behalf of Mr Gay), read a first time and ordered to be printed.

Mr Clarke moved, according to contingent notice: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House.



23 CRIMES (DOMESTIC AND PERSONAL VIOLENCE) AMENDMENT (INFORMATION SHARING) BILL 2013

On the order of the day being read, Mr Clarke (on behalf of Gallacher) moved: That this bill be now read a second time.

Debate ensued.




Standing orders having been suspended Thursday 2 May 2013—

Bill, on motion of Mr Clarke, read a third time.


24 STATUTORY AND OTHER OFFICES REMUNERATION AMENDMENT (JUDICIAL AND OTHER OFFICE HOLDERS) BILL 2013

The Deputy President (Mrs Mitchell) reported that the following protest was signed and lodged with the Clerk this day:

Protest against the passing of the bill titled “An Act to amend the Statutory and Other Offices Remuneration Act 1975 to require the Statutory and Other Offices Remuneration Tribunal to give effect to certain government policies in making determinations under Part 3 of that Act concerning the remuneration of judicial and other office holders”.

Dissentient:

1. Because, if enacted, this Bill will give unfettered power to the Executive Government over the Judiciary in connection with remuneration and other conditions.

2. Because this Bill involves an historic diminution of conditions for the judges and magistrates of New South Wales and deprives them of access to an impartial body to set their remuneration and other conditions.

3. Because the Bill undermines the independence of the Judiciary and offends the Constitution of this State.


4. Because the Bill undermines public confidence in the institution of the Judiciary of the State.

5. Because the Bill undermines a cornerstone of democratic governance in this State, necessary for the maintenance of the rule of law.

ADAM SEARLE

Legislative Council Chamber22 May 2013

According to standing order, a copy of the protest was forwarded to Her Excellency the Governor.

25 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—MARINE PARKS AMENDMENT (MORATORIUM) BILL 2013

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

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Marine Parks Act 1997 with respect to zoning plans and sanctuary zones in marine parks” presents the bill to the Legislative Council for its concurrence.


Bill, on motion of Mr Ajaka (on behalf of Mr Gay), read a first time and ordered to be printed.

Mr Ajaka moved, according to contingent notice: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House.



26 BUSINESS POSTPONED

Order of the day no. 4 on the Notice Paper of government business postponed, on motion of Mr Ajaka, until a later hour of the sitting.

27 BAPTIST CHURCHES OF NEW SOUTH WALES PROPERTY TRUST AMENDMENT BILL 2013

On the order of the day being read, Mr Clarke (on behalf of Mr Gallacher) moved: That this bill be now read a second time.

Debate ensued.





Standing orders having been suspended Wednesday 8 May 2013—

Bill, on motion of Mr Clarke, read a third time.


28 LOCAL GOVERNMENT AMENDMENT (EARLY INTERVENTION) BILL 2013

On the order of the day being read, Mr Ajaka (on behalf of Mr Pearce) moved: That this bill be now read a second time.

Mr Ajaka sought the leave of the House to have his second reading speech incorporated in Hansard.

Objection taken.

Leave not granted.

Debate ensued.

Motion made (Mr Moselmane) and question: That this debate be now adjourned until next sitting day—put and passed.

29 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

The Deputy President (Mr Green) reported the following messages from the Legislative Assembly:

(1) Gaming Machines Amendment (Multi-terminal Gaming Machines in Clubs) Bill 2013

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Gaming Machines Act 2001 to allow certain clubs to keep up to 5 multi-terminal gaming machine player terminals” presents the bill to the Legislative Council for its concurrence.


(2) State Owned Corporations Legislation Amendment (Staff Directors) Bill 2013

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the State Owned Corporations Act 1989 and other legislation relating to State owned corporations to remove any requirement for a staff director” presents the bill to the Legislative Council for its concurrence.


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

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


30 ADJOURNMENT

Mr Ajaka moved: That this House do now adjourn.

Debate ensued.


The House adjourned at 10.26 pm until Thursday 23 May 2013 at 9.30 am.

31 ATTENDANCE

All members present.

David BluntClerk of the Parliaments

_____________________________

Authorised by the Parliament of New South Wales

minutes 145 - 22 may 2013s.docx - parliament of nsw · web view3.that this house congratulate mr....

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