notice paper - parliament.act.gov.au · no. 82—28 october 2010 1527 4 climate change, environment...

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* Notifications to which an asterisk (*) is prefixed appear for the first time

www.parliament.act.gov.au/assembly/notices.asp

LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY

2008-2009-2010

NOTICE PAPER No. 82

THURSDAY, 28 OCTOBER 2010

The Assembly meets this day at 10 am

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EXECUTIVE BUSINESS

Notices

*1 MR STANHOPE: To present a Bill for an Act to amend legislation about driving under the influence of alcohol and drugs, and for other purposes. (Notice given 27 October 2010).

*2 MS GALLAGHER: To present a Bill for an Act to amend the First Home Owner Grant Act 2000. (Notice given 27 October 2010).

*3 MR CORBELL: To present a Bill for an Act to amend the Crimes (Child Sex Offenders) Act 2005. (Notice given 27 October 2010).

*4 MR CORBELL: To present a Bill for an Act to amend the Environment Protection Act 1997. (Notice given 27 October 2010).

*5 MR CORBELL: To present a Bill for an Act to restrict the supply of plastic shopping bags, and for other purposes. (Notice given 27 October 2010).

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ASSEMBLY BUSINESS

Notice

1 MR CORBELL: To move—That this Assembly refer to the Standing Committee on Justice and Community Safety the operation of the Prostitution Act 1992 for inquiry and report to the Assembly by 1 July 2011:

In undertaking its inquiry, the Committee will have regard to:

(1) possible regulation of commercially operated brothels to ensure that all sex workers are over the age of 18 years;

(2) options for ensuring that appropriate proof of identity and age is produced before a person is permitted to work in a commercially operated brothel;

(3) the desirability of commercially operated brothels being required to maintain records of workers and of relevant proof of age documents; and

(4) any other relevant matters. (Notice given 26 October 2010. Notice will be removed from the Notice Paper unless called on within 8 sitting weeks – standing order 125A).

Orders of the day

1 LEGAL AFFAIRS—STANDING COMMITTEE (SIXTH ASSEMBLY)—REPORT 8—ACT FIRE AND EMERGENCY SERVICES ARRANGEMENTS—GOVERNMENT RESPONSE—PAPER—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 16 June 2009—Mr Smyth) on the motion of Mr Corbell—That the Assembly takes note of the paper. (Order of the day will be removed from the Notice Paper unless called on within 6 sitting weeks – standing order 152A.)

2 ADMINISTRATION AND PROCEDURE—STANDING COMMITTEE—REPORT 1—THE MERIT OF APPOINTING A PARLIAMENTARY BUDGET OFFICER—MOTION THAT REPORT BE NOTED: Resumption of debate (from 20 August 2009—Mr Corbell) on the motion of Mrs Dunne—That the report be noted. (Order of the day will be removed from the Notice Paper unless called on within 6 sitting weeks – standing order 152A.)

3 ADMINISTRATION AND PROCEDURE—STANDING COMMITTEE—REPORT 2—LATIMER HOUSE PRINCIPLES—MOTION THAT REPORT BE NOTED: Resumption of debate (from 20 August 2009—Ms Hunter) on the motion of Ms Bresnan—That the report be noted. (Order of the day will be removed from the Notice Paper unless called on within 6 sitting weeks – standing order 152A.)

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4 CLIMATE CHANGE, ENVIRONMENT AND WATER—STANDING COMMITTEE—REPORT 2—INQUIRY INTO ACT GREENHOUSE GAS REDUCTION TARGETS—INTERIM REPORT—SEPTEMBER 2009—MOTION THAT REPORT BE NOTED: Resumption of debate (from 15 September 2009—Mr Hargreaves) on the motion of Ms Hunter—That the report be noted. (Order of the day will be removed from the Notice Paper unless called on within 6 sitting weeks – standing order 152A.)

5 EDUCATION, TRAINING AND YOUTH AFFAIRS—STANDING COMMITTEE—REPORT 2—SCHOOL CLOSURES AND REFORM OF THE ACT EDUCATION SYSTEM 2006—MOTION THAT REPORT BE NOTED: Resumption of debate (from 17 September 2009—Mr Doszpot) on the motion of Ms Bresnan—That the report be noted. (Order of the day will be removed from the Notice Paper unless called on within 6 sitting weeks – standing order 152A.)

6 JUSTICE AND COMMUNITY SAFETY—STANDING COMMITTEE—REPORT 2—INQUIRY INTO THE CRIMES (MURDER) AMENDMENT BILL 2008—MOTION THAT REPORT BE NOTED: Resumption of debate (from 17 September 2009—Mr Corbell) on the motion of Mrs Dunne—That the report be noted. (Order of the day will be removed from the Notice Paper unless called on within 6 sitting weeks – standing order 152A.)

7 PLANNING AND ENVIRONMENT—STANDING COMMITTEE (SIXTH ASSEMBLY)—REPORT 29—ACTION BUSES AND THE SUSTAINABLE TRANSPORT PLAN—GOVERNMENT RESPONSE—PAPER—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 15 October 2009—Ms Bresnan) on the motion of Ms Gallagher—That the Assembly takes note of the paper. (Order of the day will be removed from the Notice Paper unless called on within 6 sitting weeks – standing order 152A.)

8 STANDING ORDER 156—EXCLUSION OF MINISTERS FROM DEBATE: Resumption of debate (from 25 March 2010—Ms Le Couteur) on the motion of Mrs Dunne—That Ms Gallagher (Treasurer) and Mr Barr (Minister for Gaming and Racing be excluded from this debate, in accordance with standing order 156, on the basis that they have staff who are members of the executive committee of the ALP in the ACT, which is subject to the inquiry and the motion being dealt with today.

9 EDUCATION, TRAINING AND YOUTH AFFAIRS—STANDING COMMITTEE—REPORT 3—INQUIRY INTO THE EDUCATIONAL ACHIEVEMENT GAP IN THE ACT—MOTION THAT REPORT BE NOTED: Resumption of debate (from 6 May 2010—Mr Barr) on the motion of Ms Bresnan—That the report be noted. (Order of the day will be removed from the Notice Paper unless called on within 6 sitting weeks – standing order 152A.)

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10 PUBLIC ACCOUNTS—STANDING COMMITTEE—REPORT 6—REVIEW OF AUDITOR-GENERAL'S REPORT NO. 7 OF 2008: PROPOSAL FOR A GAS-FIRED POWER STATION AND DATA CENTRE—SITE SELECTION PROCESS—GOVERNMENT RESPONSE—PAPER—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 6 May 2010—Mr Smyth) on the motion of Ms Gallagher—That the Assembly take note of the paper. (Order of the day will be removed from the Notice Paper unless called on within 6 sitting weeks – standing order 152A.)

11 PLANNING AND ENVIRONMENT—STANDING COMMITTEE (SIXTH ASSEMBLY)—REPORT 34—INQUIRY INTO THE NAMADGI NATIONAL PARK DRAFT PLAN OF MANAGEMENT—GOVERNMENT RESPONSE—PAPER—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 6 May 2010—Ms Bresnan) on the motion of Mr Stanhope—That the Assembly take note of the paper. (Order of the day will be removed from the Notice Paper unless called on within 6 sitting weeks – standing order 152A.)

12 LEGAL AFFAIRS—STANDING COMMITTEE (SIXTH ASSEMBLY)—REPORT 7—STRICT AND ABSOLUTE LIABILITY OFFENCES—GOVERNMENT RESPONSE—PAPER—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 6 May 2010—Mr Smyth) on the motion of Mr Barr—That the Assembly take note of the paper. (Order of the day will be removed from the Notice Paper unless called on within 6 sitting weeks – standing order 152A.)

13 PUBLIC ACCOUNTS—STANDING COMMITTEE—REPORT 5—REVIEW OF AUDITOR-GENERAL'S REPORT NO. 4 OF 2008: MAINTENANCE OF PUBLIC HOUSING—GOVERNMENT RESPONSE—PAPER—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 6 May 2010—Mr Coe) on the motion of Ms Burch—That the Assembly take note of the paper. (Order of the day will be removed from the Notice Paper unless called on within 6 sitting weeks – standing order 152A.)

14 HEALTH, COMMUNITY AND SOCIAL SERVICES—STANDING COMMITTEE—REPORT 2—ACCESS TO PRIMARY HEALTH CARE SERVICES—GOVERNMENT RESPONSE—PAPER—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 22 June 2010—Ms Bresnan) on the motion of Ms Gallagher—That the Assembly take note of the paper. (Order of the day will be removed from the Notice Paper unless called on within 6 sitting weeks – standing order 152A.)

15 CLIMATE CHANGE, ENVIRONMENT AND WATER—STANDING COMMITTEE—REPORT 4—INQUIRY INTO ACT GREENHOUSE GAS REDUCTION TARGETS—MOTION THAT REPORT BE NOTED: Resumption of debate (from 24 August 2010—Mr Corbell) on the motion of Ms Hunter—That the report be noted. (Order of the day will be removed from the Notice Paper unless called on within 6 sitting weeks – standing order 152A.)

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Last sitting day in March 2011

16 HEALTH, COMMUNITY AND SOCIAL SERVICES—STANDING COMMITTEE: Presentation of report on new options for the future ownership of Calvary Public Hospital, pursuant to order of the Assembly of 23 September 2010.

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EXECUTIVE BUSINESS—continued

Orders of the day

1 LIQUOR (CONSEQUENTIAL AMENDMENTS) BILL 2010: (Attorney-General): Detail stage—Clauses 1 to 3—Resumption of debate (from 26 October 2010—Mr Corbell).

2 TERRITORY RECORDS AMENDMENT BILL 2010: (Minister for Territory and Municipal Services): Agreement in principle—Resumption of debate (from 23 September 2010—Mr Coe).

3 CRIMINAL CODE AMENDMENT BILL 2010: (Attorney-General): Agreement in principle—Resumption of debate (from 23 September 2010—Mrs Dunne).

4 COMMISSIONER FOR THE ENVIRONMENT ACT—STATE OF THE ENVIRONMENT REPORT 2007-08—GOVERNMENT RESPONSE—PAPER—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 16 June 2009—Mr Rattenbury) on the motion of Mr Corbell—That the Assembly takes note of the paper.

Notices—continued

6 MS BURCH: To move—That this Assembly:

(1) supports the aims of Carers Week, commencing 17 and concluding 23 October 2010, which strives to:

(a) celebrate the vital role of carers who provide unpaid care and support to family members or friends in our community; and

(b) encourage discussion and action to address the issues faced by carers, including action by individuals, communities, organisations and governments;

(2) notes:

(a) that carers in the ACT are supported through a range of legislative and non-legislative measures, including recognition under the Discrimination Act 1991, the Guardianship and Management of Property Act 1991, the Human Rights Commission Act 2005 and the Caring for Carers Policy; and

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(b) that the development of an ACT Carers Charter will further recognise the role of carers and provide a policy framework to guide the way ACT Government and government funded services that support carers are accessed and delivered; and

(3) calls on the Government to support ACT Labor's work at the Territory and national level to increase recognition and support for carers. (Notice given 19 October 2010. Notice will be removed from the Notice Paper unless called on within 7 sitting weeks – standing order 125A.)

Orders of the day—continued

5 CRIMES (BILL POSTING) AMENDMENT BILL 2008: (Minister for Territory and Municipal Services): Agreement in principle—Resumption of debate (from 10 February 2009).

6 WORKING WITH VULNERABLE PEOPLE (BACKGROUND CHECKING) BILL 2010: (Minister for Disability, Housing and Community Services): Agreement in principle—Resumption of debate (from 26 August 2010—Mrs Dunne).

7 STATUTE LAW AMENDMENT BILL 2010 (NO. 2): (Attorney-General): Agreement in principle—Resumption of debate (from 21 October 2010—Mrs Dunne).

8 ACT LIGHT RAIL—PROPOSAL TO INFRASTRUCTURE AUSTRALIA—PAPER—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 16 June 2009—Ms Bresnan) on the motion of Mr Stanhope—That the Assembly takes note of the paper.

9 WORLD REFUGEE DAY 2009—MINISTERIAL STATEMENT—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 16 June 2009—Mr Seselja) on the motion of Mr Hargreaves—That the Assembly takes note of the paper.

10 ANNUAL REPORTS (GOVERNMENT AGENCIES) ACT—CHIEF MINISTER'S 2007-2010 ANNUAL REPORT DIRECTIONS—PAPER—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 23 June 2009—Ms Hunter) on the motion of Mr Stanhope—That the Assembly takes note of the paper.

11 THE CANBERRA PLAN—TOWARDS OUR SECOND CENTURY—REPORT ON IMPLEMENTATION—PAPER—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 23 June 2009—Ms Hunter) on the motion of Mr Stanhope—That the Assembly takes note of the paper.

12 POSITIVE AGEING—DRAFT STRATEGIC PLAN—MINISTERIAL STATEMENT—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 25 June 2009—Mrs Dunne) on the motion of Mr Hargreaves—That the Assembly takes note of the paper.

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13 2003 CANBERRA BUSHFIRES—MCLEOD REPORT AND DOOGAN CORONIAL INQUIRY—GOVERNMENT AGREED RECOMMENDATIONS—IMPLEMENTATION REPORT—PAPER—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 18 August 2009—Mr Smyth) on the motion of Mr Corbell—That the Assembly takes note of the paper.

14 ENLARGEMENT OF THE COTTER RESERVOIR AND ASSOCIATED WORKS—ENVIRONMENTAL IMPACT STATEMENT ASSESSMENT REPORT AND ENVIRONMENTAL IMPACT STATEMENT—PAPERS—MOTION TO TAKE NOTE OF PAPERS: Resumption of debate (from 18 August 2009—Mr Rattenbury) on the motion of Mr Barr—That the Assembly takes note of the papers.

15 HUMAN RIGHTS ACT—FIRST FIVE YEARS OF OPERATION—PAPER—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 18 August 2009—Mr Rattenbury) on the motion of Mr Corbell—That the Assembly takes note of the paper.

16 CAPITAL WORKS 2008-2009 PROGRAM OUTCOME—MINISTERIAL STATEMENT—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 27 August 2009—Mr Smyth) on the motion of Ms Gallagher—That the Assembly takes note of the paper.

17 GENERAL PRACTICE AND SUSTAINABLE PRIMARY HEALTH CARE: THE WAY FORWARD—FINAL REPORT—GOVERNMENT RESPONSE—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 8 December 2009—Mr Hanson) on the motion of Ms Gallagher—That the Assembly takes note of the paper.

18 ACT YOUNG PEOPLE'S PLAN 2009-2014—PAPERS—MOTION TO TAKE NOTE OF PAPERS: Resumption of debate (from 8 December 2009—Mr Smyth) on the motion of Ms Burch—That the Assembly takes note of the papers.

19 2010 NATIONAL MULTICULTURAL FESTIVAL—PAPER—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 9 February 2010—Mrs Dunne) on the motion of Mr Barr—That the Assembly takes note of the paper.

20 2009-2010 BUDGET—BUDGET REVIEW—PAPER—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 11 February 2010—Mr Smyth) on the motion of Ms Gallagher—That the Assembly takes note of the paper.

21 COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT—REPORT ON ACT LOWLAND NATIVE GRASSLAND INVESTIGATION—GOVERNMENT RESPONSE—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 16 March 2010—Mr Rattenbury) on the motion of Mr Corbell—That the Assembly takes note of the paper.

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22 BETTER CAREERS FOR TEACHERS, BETTER OUTCOMES FOR STUDENTS—MINISTERIAL STATEMENT—MOTION TO TAKE NOTE OF PAPER: Resumption of debate (from 26 October 2010—Mr Doszpot) on the motion of Mr Barr—That the Assembly take note of the paper.

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PRIVATE MEMBERS’ BUSINESS

Notices

1 MR HARGREAVES: To move—That this Assembly:

(1) commends ACT ambulance officers on again receiving the endorsement of the community as the most trusted profession in Canberra;

(2) notes the significant:

(a) investment the ACT Government is making in ACT ambulance resources to help meet increasing community demand for ambulance services; and

(b) level of interest in the most recent call for applications to work in the ACT ambulance service; and

(3) commends the ACT Government for its cooperative approach with the union representing ACT ambulance officers in achieving a 21% increase in base pay rates through the recent work value process with Fair Work Australia. (Notice given 29 June 2010. Notice will be removed from the Notice Paper unless called on within 3 sitting weeks – standing order 125A).

2 MR COE: To move—That this Assembly:

(1) notes that the Auditor-General released a report entitled Delivery of ACTION Bus Services which included the following findings:

(a) the activities of ACT Government agencies involved in the delivery of public transport were not well coordinated;

(b) the Department of Territory and Municipal Services has not fully complied with key legislation including the ACT Road Transport (Public Passenger Services) Act 2001 and regulations, the Minimum Service Standards for Bus Services, the ACT Discrimination Act 1991 and the Commonwealth Disability Discrimination Act 1992;

(c) ACTION’s ability to improve services and provide the ACT Government with sound advice on meeting current and future needs for public bus services in the ACT was impeded due to poor data management practices;

(d) there were no performance indicators or standards established for the reliability of bus services to guide ACTION’s operations and to increase its accountability;

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(e) the data used for Service Delivery Reports is inaccurate and incomplete;

(f) ACTION did not report bus accidents to the Road Transport Authority as required by legislation;

(g) ACTION was unable to supply documentation to confirm that daily pre-departure bus checks were conducted by bus drivers;

(h) there were no formal processes or policies in place to provide scheduled refresher courses for ACTION’s drivers to update their knowledge and driving skills, or to refresh and develop their skills in other aspects of safety, security and customer service;

(i) ACTION has not prepared procedures for operations of its closed circuit televisions (CCTVs) on buses, to ensure protection of the privacy of the individual and prevention of possible misuse of the CCTVs; and

(j) plans to introduce a replacement ticketing system have been frequently delayed;

(2) notes:

(a) in 2009-2010, the total cost per passenger rose by 8.4% to $6.30 per voyage;

(b) the ACTION subsidy is approximately $80 million; and

(c) the on-going delays in the implementation of a new ticketing system; and

(3) calls on the Government to:

(a) work with all transport stakeholders, including but not limited to, industry associations, unions, operators, passengers and each party in the Assembly to develop a plan to increase bus patronage through making bus travel more appealing rather than making driving and parking more difficult; and

(b) advise the Assembly by 30 September 2010:

(i) when all the recommendations in the Auditor-General’s report will be implemented;

(ii) the date the new ticketing system will be operational and the total revenue forgone as a result of the existing faulty ticket machines;

(iii) when the recently announced expanded Nightrider service will be operational, who will deliver the service and at what cost; and

(iv) when Network 2010 will be released. (Notice given 21 September 2010. Notice will be removed from the Notice Paper unless called on within 6 sitting weeks – standing order 125A).

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3 MS BRESNAN: To move—That this Assembly:

(1) notes that around one third of people who are homeless have a severe mental illness;

(2) is concerned that when people who are homeless have suffered a severe episode of mental illness and exit acute mental health facilities they are likely to still be in a high level of crisis, and yet the ACT Government:

(a) does not permit them to access Step-Up Step-Down mental health facilities which assist clients in the recovery process; and

(b) can, at times, place them in backpacker accommodation, where there is little to no support for the individual in crisis; and

(3) calls on the ACT Government to:

(a) ensure all patients who are homeless and exiting acute mental health facilities are not exited into homelessness, or to unsupported accommodation, such as backpackers, motels or hotels;

(b) move towards making Step-Up Step-Down facilities available to people who are homeless as they exit acute mental health facilities; and

(c) expand the provision of housing to people who are homeless and have a mental illness, including through the Housing and Accommodation Support Initiative, run through Housing ACT. (Notice given 19 October 2010. Notice will be removed from the Notice Paper unless called on within 7 sitting weeks – standing order 125A).

Orders of the day

*1 WORKPLACE PRIVACY BILL 2010: (Ms Bresnan) Agreement in principle—Resumption of debate (from 27 October 2010—Mr Corbell).

*2 DISCRIMINATION AMENDMENT BILL 2010: (Mr Seselja) Agreement in principle—Resumption of debate (from 27 October 2010—Mr Corbell).

*3 CORRECTIONS MANAGEMENT (MANDATORY URINE TESTING) AMENDMENT BILL 2010: (Mr Hanson) Agreement in principle—Resumption of debate (from 27 October 2010—Mr Corbell).

4 LEGISLATIVE ASSEMBLY (MEMBERS' STAFF) AMENDMENT BILL 2008 (NO. 2): (Mr Smyth) Agreement in principle—Resumption of debate (from 10 December 2008—Mr Stanhope).

5 DUTIES (FIRST HOME OWNER EXEMPTION) AMENDMENT BILL 2008: (Mr Seselja) Agreement in principle—Resumption of debate (from 10 December 2008—Ms Gallagher).

6 AUDITOR-GENERAL AMENDMENT BILL 2009: (Mr Smyth) Agreement in principle—Resumption of debate (from 24 June 2009—Ms Le Couteur).

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7 GAMING MACHINE (SUSPENSION OF TRANSFERS) AMENDMENT BILL 2009: (Mr Smyth) Agreement in principle—Resumption of debate (from 26 August 2009—Ms Gallagher).

8 EMERGENCIES (ESA) AMENDMENT BILL 2009: (Mr Smyth) Agreement in principle—Resumption of debate (from 26 August 2009—Mr Corbell).

9 EMERGENCIES (BUSHFIRE REPORTING) AMENDMENT BILL 2009: (Mr Smyth) Agreement in principle—Resumption of debate (from 16 September 2009—Mr Corbell).

10 EDUCATION (SUSPENSIONS) AMENDMENT BILL 2010: (Mr Doszpot) Agreement in principle—Resumption of debate (from 10 February 2010—Mr Barr).

11 EMERGENCIES (BUSHFIRE WARNINGS) AMENDMENT BILL 2010: (Mr Smyth) Agreement in principle—Resumption of debate (from 24 March 2010—Mr Corbell).

12 INFRASTRUCTURE CANBERRA BILL 2010: (Mr Seselja) Agreement in principle—Resumption of debate (from 24 March 2010—Mr Stanhope).

13 RADIATION PROTECTION (TANNING UNITS) AMENDMENT BILL 2010: (Ms Bresnan) Agreement in principle—Resumption of debate (from 5 May 2010—Mrs Dunne).

14 COMPANION ANIMALS: Resumption of debate (from 23 June 2010—Mr Hargreaves) on the motion of Ms Porter—That this Assembly:

(1) recognises the need for guidelines for the breeding and selling of companion animals in the ACT; and

(2) welcomes the ACT Government’s steps to develop a mandatory code for the breeding and selling of animals in the ACT. (Order of the day will be removed from the Notice Paper unless called on within 2 sitting weeks – standing order 152A.)

15 REVIEW OF PUBLIC MATERNITY UNITS: Resumption of debate (from 18 August 2010—Mr Hargreaves) on the motion of Mr Hanson—That this Assembly:

(1) notes:

(a) that the Review of Public Maternity Units in the ACT released on 5 August 2010:

(i) has provided a damning report on the management of The Canberra Hospital (TCH), including a lack of cohesion amongst the executive team and considerable confusion over roles and functions of senior management;

(ii) found that reporting lines between TCH and ACT Health were ‘blurred’ and that the ‘chain of command often fails’;

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(iii) has found that numerous serious complaints made by staff were not addressed and that their complaints were ignored in a ‘systematic and long-standing reticence by management to address disruptive or inappropriate behaviour’, and that ‘most staff interviews indicated that they had tried to raise issues about clinician behaviour with various managers, but had not been able to effect change’;

(iv) has found serious concerns within the obstetrics department of TCH, including:

(A) inadequate clinical governance;

(B) significant staff shortages;

(C) a heavy on load call inconsistent with the safe working hours concept;

(D) poorly coordinated clinical handover between shifts; and

(E) significant reductions in genealogical surgery;

(b) that with regard to the obstetrics department, urgent action is required for the hospital to retain its high clinical standard;

(c) that as late as February 2010, the Minister and senior ACT Health officials repeatedly denied that there were any problems at TCH or that any complaints had been made;

(d) that the Minister attacked the doctors who raised the serious concerns accusing them of ‘doctor politics’ and ‘mud slinging’;

(e) that the Minister and Chief Minister attempted to intimidate the doctors who raised the serious concerns by threatening to audit all complaints to the medical board over the past 10 years that involve obstetricians;

(f) that the clinical review into obstetrics and the review into bullying were only reluctantly established by the Government after significant pressure from the media and the Opposition;

(g) that despite the review finding that numerous complaints were made by staff and that they were ‘systematically’ ignored by TCH management, the Minister refused to accept any responsibility and blamed the staff for not having made complaints, stating on 9 August 2010 that ‘you can’t investigate allegations that don’t exist’; and

(h) that significant concerns remain in the community and amongst staff that the Minister and/or senior bureaucrats have, through their actions and misleading statements, attempted to cover up the serious problems at TCH that are addressed in the report; and

(2) calls on the Minister to:

(a) apologise in writing to all obstetrics staff employed at TCH in the last three years for her and ACT Health’s failure to adequately address their concerns and for her ongoing attacks on their credibility;

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(b) apologise to the Assembly and to the community by the close of business on 19 August 2010 for her repeated misleading statements that no complaints had been made and that there were no issues that needed to be addressed in obstetrics at TCH; and

(c) ensure that the bullying review is released in full, with only personal information deleted, to ensure that staff at TCH and the public have confidence that the Minister and senior ACT Health bureaucrats are not continuing to ignore serious allegations of poor conduct at TCH.

And on the amendment moved by Ms Hunter—Omit all words after “notes”, substitute:

“all findings and recommendations from the ‘Review of Service Delivery and Clinical Outcomes at Public Maternity Units in the Australian Capital Territory’ released on 5 August 2010; and

(2) calls on: (a) all Members of this Assembly to respect the Public Interest Disclosure

Act 1994; and

(b) the Chief Executive of ACT Health to seek the assistance of the Work Safety Commissioner in ensuring ACT Health has in the medium to long term best-practice policies for preventing against bullying and harassment in ACT Health workplaces.”. (Order of the day will be removed from the Notice Paper unless called on within 4 sitting weeks – standing order 152A.)

16 CHILDREN AND YOUNG PEOPLE (DEATH REVIEW) AMENDMENT BILL 2010: (Ms Hunter) Agreement in principle—Resumption of debate (from 25 August 2010—Ms Burch).

17 FINANCIAL MANAGEMENT (APPOINTMENTS) AMENDMENT BILL 2010: (Mr Seselja) Agreement in principle—Resumption of debate (from 25 August 2010—Ms Gallagher).

18 GAMING MACHINE (PROBLEM GAMBLING ASSISTANCE) AMENDMENT BILL 2010: (Ms Hunter) Agreement in principle—Resumption of debate (from 22 September 2010—Mr Barr).

19 DRAFT VARIATIONS NOS. 301 AND 303 TO THE TERRITORY PLAN—SOLAR ACCESS PROVISIONS: Resumption of debate (from 20 October 2010—Ms Gallagher) on the motion of Ms Le Couteur—That this Assembly:

(1) notes that:

(a) good passive solar design is important for reducing energy use for heating and cooling, decreasing ongoing energy costs, and increasing the comfort of dwellings;

(b) draft variations to the Territory Plan numbers 301 and 303 both contain measures for improving solar access and solar passive design for new residential developments and dwellings;

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(c) the majority of community submissions received by ACT Planning and Land Authority (ACTPLA) support the new solar access measures in draft variations to the Territory Plan numbers 301 and 303;

(d) draft variations to the Territory Plan numbers 301 and 303 cover a wide variety of other more contentious measures and initiatives; and

(e) the majority of community submissions received by ACTPLA expressed concern about the size of the draft variations, the lack of explanatory materials or comparative information with current planning rules and short timeframe for consideration; and


(a) divide the current draft variations to the Territory Plan numbers 301 and 303 into two parts being the solar access provisions and the other non-solar related provisions;

(b) refer the solar access provisions to the Standing Committee on Planning, Public Works and Territory and Municipal Services immediately;

(c) following consideration by the ACTPLA Reference Panel, undertake further community consultation on the remaining parts of draft variations to the Territory Plan numbers 301 and 303; and

(d) provide improved explanatory materials, such as comparative tables with current planning rules as part of that community consultation. (Order of the day will be removed from the Notice Paper unless called on within 7 sitting weeks – standing order 152A.)

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QUESTIONS ON NOTICE

On the first sitting day of a period of sittings a complete Notice Paper is published containing all unanswered questions. On subsequent days, only new and redirected or revised questions are included on the Notice Paper.

Unanswered questions

1112, 1178, 1182, 1191, 1195-1197, 1200, 1204-1210.

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New questions

(30 days expires 27 November 2010)

*1211 MS BRESNAN: To ask the Minister for Health— (1) Does the ACT Government have any preventative health grants or programs

that seek to target vulnerable groups by known location disadvantage, for example, the National Centre for Social and Economic Modelling has identified the suburbs of Symonston, Oaks Estate, and Reid as having the highest levels of poverty in the ACT.

(2) If the ACT Government does fund any targeted programs, (a) what are those programs, (b) who runs the programs and (c) how much funding is provided for each program.

*1212 MS BRESNAN: To ask the Minister for Health— (1) How much did the ACT Government pay for the work undertaken by the

Centre for Allied Health Evidence (CAHE) with regard to a literature review investigating the feasibility and effectiveness of chiropractors working in the public health sector.

(2) How does the figure referred to in part (1) compare with the budget suggested by the ACT Branch of the Chiropractors Association of Australia (CAAACT) for a 12 week pilot project to investigate publicly provided chiropractic services in the ACT.

(3) What was the basis of the selection of CAHE to undertake the review and why were they chosen over other tenderers.

(4) Who else tendered to undertake the review.

(5) What terms of reference did the ACT Government provide to CAHE for the review and what were CAHE’s findings for each of these terms.

(6) Why didn’t the ACT Government request CAHE to comment on the CAAACT pilot proposal specifically.

(7) If CAHE did comment on the CAAACT pilot proposal specifically, what were the comments.

(8) What chiropractic qualifications did the ACT Government require of the individuals conducting the review and what were the qualifications of the individuals.

(9) Given that on 9 December 2009 the Minister stated in the Assembly that after a literature review was conducted, an expert panel would be formed by ACT Health to examine the literature review findings and to assess the CAAACT pilot proposal using key performance indicators and considering the findings in an ACT context, (a) who were the members of the panel, (b) what was each of their expertise, (c) why weren’t the CAAACT part of this panel, (d) what were the key performance indicators, (e) what was the outcome, when the CAHE findings for each of the terms of reference were considered against the ACT context and (f) how much did the ACT Government pay for the convening of this expert panel.

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(10) Can the Minister provide a copy of the CAHE’s report and key documents regarding the expert panel’s assessment.

*1213 MS LE COUTEUR: To ask the Minister for Transport— (1) During what period did the traffic lights on Commonwealth Avenue, which

operate yearly during the Floriade festival, operate during 2010.

(2) How many days after the end of the Floriade festival were the lights switched off.

(3) What is the reason that the lights continue to operate after the end of the Floriade festival.

(4) Has the Government received complaints this year and in past years about the lights continuing to operate beyond the end of Floriade; if so, how many complaints has the Government received.

*1214 MS LE COUTEUR: To ask the Minister for Territory and Municipal Services— (1) In relation to a further outbreak of parvovirus at the Domestic Animal

Services (DAS) shelter, how many dogs have been housed at the DAS shelter since 23 June 2010 when the first outbreak of parvovirus was detected.

(2) Of those dogs referred to in part (1), how many (a) were tested for parvovirus, (b) were vaccinated against parvovirus and (c) have tested positive for parvovirus.

(3) Who is responsible for deciding when the DAS shelter should implement quarantine procedures and go into lock down.

(4) Can the Minister provide copies of any documents that outline the procedures that are implemented during quarantine periods.

(5) Who is responsible for deciding when the quarantine period at the DAS facility should end and what factors are considered when making this decision.

(6) What procedures do the DAS use to manage the ongoing risk in or around the facility once the quarantine period has ended and do these procedures include testing new arrivals for parvovirus and quarantining new arrivals until tests are complete.

(7) What specific measures have been taken to decontaminate the walking tracks in the nature reserve adjacent to the DAS shelter.

*1215 MS LE COUTEUR: To ask the Minister for Territory and Municipal Services— (1) When was the last time that the design standards for urban infrastructure were

significantly updated.

(2) Are the design standards subject to regular review; if so, how regular are the reviews.

(3) When was the last time the design standards were reviewed.

(4) Who conducts reviews of the design standards, for example, are they undertaken in government, or by an independent reviewer.

No. 82—28 October 2010 1541

(5) Does the Government and/or the Department of Territory and Municipal Services use the technical infrastructure guideline/technical design manual called Complete Streets; if so, how is this manual used; if not, are there plans to use this design manual and how will it be used.

*1216 MS LE COUTEUR: To ask the Minister for Land and Property Services— (1) When gross floor allowances (GFAs) are calculated for commercial leases,

(a) are shared spaces included, (b) does GFAs include (i) foyers, (ii) storerooms, (iii) parking areas, (iv) corridors, (v) shared toilets and (vi) waste enclosures, (c) what other shared spaces are included in the GFAs, (d) what shared spaces are excluded from the GFAs, (e) are GFAs, including exclusions for shared space, for office leases, retail leases, supermarket leases or industrial leases calculated in the same manner; if not, how do the calculations differ.

(2) When GFAs are calculated for residential spaces, (a) are shared spaces included, (b) does GFA include (i) foyers, (ii) storerooms, (iii) parking areas, (iv) laundries, (v) corridors, (vi) shared toilets and (vii) waste enclosures, (c) what other shared spaces are included in the GFA and (d) what shared spaces are excluded from the GFA.

*1217 MS LE COUTEUR: To ask the Minister for Planning— (1) What rules apply in the ACT, in the construction of new buildings, that

regulate the use of (a) adhesives, including for flooring and wallpaper, in terms of the maximum level of volatile organic compounds permitted, (b) architectural and protective coatings, in terms of (i) the maximum level of volatile organic compounds permitted and (ii) which glycol ethers, heavy metals and carcinogenic substances are restricted, (c) building insulation material, in terms of (i) content of recycled material required, (ii) any restrictions on where raw materials used in the insulation is obtained from, for example, cannot come from national parks and (iii) prohibited and restricted substances, such as formaldehyde, foam products and flame retardants, (d) carpets, in terms of (i) any restrictions on where raw materials used in the product is obtained from, for example, from manufacturers that do not use chemical bleach, (ii) prohibited and restricted substances, for example flame retardants and (iii) requirements to meet water, energy and emissions standards in production, (e) floor coverings, in terms of (i) glues and preservatives restricted or prohibited and (ii) restrictions or prohibitions on the use of timbers or other natural materials, (f) panel boards, in terms of (i) restrictions or prohibitions on the use of timbers or other natural materials, (ii) restrictions on how timber in panel boards are treated, for example, with insecticides, (iii) content of recycled, or resource efficient material required, (iv) the maximum level of volatile organic compounds permitted, (v) prohibited and restricted substances, for example, fluorine and carcinogens, (vi) level of recyclability of the product and (g) refrigerants, in terms of (i) the maximum level of ozone depletion potential permitted and (ii) the global warming potential permitted.

(2) What rules apply to the above materials in relation to renovations.

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*1218 MS LE COUTEUR: To ask the Minister for Planning— (1) Is the ACT Planning and Land Authority (ACTPLA) taking any action to

enforce the lease purpose conditions for the YMCA Sailing Club in Yarralumla.

(2) How does ACTPLA liaise with the National Capital Authority (NCA) when a site has both ACTPLA and NCA leases.

(3) What communication has there been between ACTPLA and the NCA about the enforcement of the YMCA Sailing Club lease.

(4) Do the current changes of the use of the YMCA Sailing Club contravene the lease purpose conditions of the (a) NCA and (b) ACTPLA leases.

*1219 MS LE COUTEUR: To ask the Minister for Planning— (1) Is the ACT Planning and Land Authority (ACTPLA) required to refer to

previous development applications when considering development application proposals as a matter of practice.

(2) How are relevant Development Control Plans taken into account when considering development applications.

(3) Do development applications need to be consistent with any development control plans relevant to the site.

(4) If a development application concerns an area which is also on National Capital Authority (NCA) land, what is the process of consultation and decision-making, and where does the final decision rest.

(5) If a development application is appealed through the ACT Civil and Administrative Tribunal (ACAT), how is the NCA’s opinion, role or any Development Control Plan, able to be taken into account.

(6) How does ACTPLA follow up compliance on ACAT decisions.

(7) What actions do ACTPLA take if a construction is found to have been completed without any development application approvals.

(8) What actions does ACTPLA take if a building certifier approves a faulty development, or fails to note obvious breaches to the plan.

(9) Can ACTPLA issue certificates of occupancy after breaches to plans or rules have been noted.

(10) What is considered to be a significant structure under the Planning and Development Act and where in the Act, Regulations or Territory Plan can a list of significant structures be found.

*1220 MR COE: To ask the Minister for Territory and Municipal Services— (1) Do Parking Operations target the area around schools on the day of their

fetes/fairs.

(2) How many parking infringement notices were issued on the day of a fete/fair, in 2009 and 2010, broken down by school/suburb.

No. 82—28 October 2010 1543

(3) In relation to parking operations on 23 October 2010, (a) how many infringements were issued on or around Melbourne Avenue and what is the total of the fines issued, (b) how many warnings were issued on or around Melbourne Avenue, (c) what was the cost of patrolling that area and (d) how many officers were on duty in that area.

(4) What is the average number of parking infringements and warnings issued on Saturdays, excluding the City and town centres.

M M KIERMAIER Acting Clerk of the Legislative Assembly

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GOVERNMENT TO RESPOND TO PETITIONS (in accordance with standing order 100)

By 24 November 2010

Provision of direct school bus service between Marist College and the suburbs of Yarralumla and Deakin—Minister for Transport—Petition lodged by Mr Seselja (Pet 110).

By 18 January 2011

Greenhouse gas emission reduction target—Minister for the Environment, Climate Change and Water—Petition lodged by Mr Rattenbury (Pet 111).

By 20 January 2011

Greenhouse gas emission reduction target—Minister for the Environment, Climate Change and Water—Petition lodged by Ms Le Couteur (Pet 112).

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COMMITTEES

Unless otherwise shown, appointed for the life of the Seventh Assembly. The dates of the amendments to the committees’ resolution of appointment are reflected, but not changes in the

membership.

1544 No. 82—28 October 2010

Standing

Pursuant to standing order

ADMINISTRATION AND PROCEDURE: (Formed 5 November 2008): The Speaker (Chair), Ms Bresnan, Mrs Dunne, Mr Hargreaves.

Pursuant to resolution

CLIMATE CHANGE, ENVIRONMENT AND WATER: (Formed 9 December 2008): Ms Hunter (Chair), Mr Hargreaves, Mr Seselja.

EDUCATION, TRAINING AND YOUTH AFFAIRS: (Formed 9 December 2008): Ms Bresnan (Chair), Mr Hanson, Ms Porter.

HEALTH, COMMUNITY AND SOCIAL SERVICES: (Formed 9 December 2008): Mr Doszpot (Chair), Ms Bresnan, Ms Porter.

JUSTICE AND COMMUNITY SAFETY: (Formed 9 December 2008): Mrs Dunne (Chair), Mr Hargreaves, Ms Hunter.

PLANNING, PUBLIC WORKS AND TERRITORY AND MUNICIPAL SERVICES: (Formed 9 December 2008): Ms Porter (Chair), Mr Coe, Ms Le Couteur.

PUBLIC ACCOUNTS: (Formed 9 December 2008): Ms Le Couteur (Chair), Mr Hargreaves, Mr Smyth.

Dissolved

CAMPAIGN ADVERTISING: (Formed 1 April 2009): Ms Burch (Chair), Mr Coe, Mr Rattenbury. (Presented 27 August 2009)

ESTIMATES 2009-2010: (Formed 2 April 2009): Mr Seselja (Chair), Ms Bresnan, Ms Burch, Ms Le Couteur, Mr Smyth. (Presented 16 June 2009)

ESTIMATES 2010-2011: (Formed 11 February 2010): Ms Hunter (Chair), Ms Bresnan, Mr Hargreaves, Mr Seselja, Mr Smyth. (Presented 22 June 2010)

PRIVILEGES 2009: (Formed 16 June 2009): Ms Hunter (Chair), Mr Corbell, Mr Smyth. (Presented 27 August 2009)

PRIVILEGES 2010: (Formed 23 February 2010): Ms Bresnan (Chair), Mr Barr, Mr Coe. (Presented 22 June 2010)

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notice paper - parliament.act.gov.au · no. 82—28 october 2010 1527 4 climate change, environment...

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