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1319 LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS No. 50 THURSDAY 1 APRIL 2004 (The Questions and Answers Paper published for the first sitting day in each week will contain, by number and title, all unanswered questions, together with questions to which answers have been received on the previous sitting and any new questions. On subsequent days, new questions are printed, as are questions to which answers were received the previous day. Consequently the full text of any question will be printed only twice: when notice is given; and, when answered.) Notice given on date shown

QUESTIONS AND ANSWERS - Parliament of NSW...2004/04/01  · 1320 Legislative Council Questions and Answers No. 50—Thursday 1 April 2004 Publication of Questions Answer to be lodged

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Page 1: QUESTIONS AND ANSWERS - Parliament of NSW...2004/04/01  · 1320 Legislative Council Questions and Answers No. 50—Thursday 1 April 2004 Publication of Questions Answer to be lodged

1319

LEGISLATIVE COUNCIL

QUESTIONS

AND

ANSWERS

No. 50

THURSDAY 1 APRIL 2004

(The Questions and Answers Paper published for the first sitting day in each week will contain, by number and title, all unanswered questions, together with questions to which answers have been received on the previous sitting and any new questions. On subsequent days, new questions are printed, as are questions to which answers were received the previous day. Consequently the full text of any question will be printed only twice: when notice is given; and, when answered.)

Notice given on date shown

Page 2: QUESTIONS AND ANSWERS - Parliament of NSW...2004/04/01  · 1320 Legislative Council Questions and Answers No. 50—Thursday 1 April 2004 Publication of Questions Answer to be lodged

1320 Legislative Council Questions and Answers No. 50—Thursday 1 April 2004

Publication of Questions Answer to be lodged by

Q&A No. 41 (Including Question Nos 902 to 921) 01 April 2004

Q&A No. 42 (Including Question Nos 922 to 950) 13 April 2004

Q&A No. 43 (Including Question Nos 951 to 952) 14 April 2004

Q&A No. 44 (Including Question Nos 953 to 973) 15 April 2004

Q&A No. 45 (Including Question Nos 974 to 979) 20 April 2004

Q&A No. 46 (Including Question Nos 980 to 986) 21 April 2004

Q&A No. 47 (Including Question Nos 987 to 1007) 22 April 2004

Q&A No. 48 (Including Question Nos 1008 to 1019) 04 May 2004

Q&A No. 49 (Including Question Nos 1020 to 1023 ) 05 May 2004

Q&A No. 50 (Including Question Nos 1024 to 1064) 06 May 2004

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1321 Legislative Council Questions and Answers No. 50— Thursday 1 April 2004

26 FEBRUARY 2004

(Paper No. 41)

*902 HEALTH—CAMDEN HOSPITAL SURGICAL SERVICES—Dr Chesterfield-Evans asked the Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast representing the Minister for Health—

(1) Was the Campbelltown Department of Surgery only given enough money for 12 hours per weekend coverage of Camden by registrars under the “One hospital, two sites” policy?

(2) Were surgical registrars expected to cover both Camden and Campbelltown Hospitals?

(3) Was there an attempt to get Visiting Medical Officers (VMOs) to sleep at hospitals, as VMOs are cheaper to employ for extra hours at night than registrars?

(4) Were patients at Camden Emergency Department not transferred to Campbelltown in a timely fashion for surgery that could not be done at Camden, because ambulances have inter-hospital transfer as a low priority?

(5) Are there any plans for inter-hospital transfers for people needing surgery to have a higher priority?

Answer—

I have been advised by the Hon Morris Iemma MP, Minister for Health, that the answer to the Honourable Member’s question is:

(1) and (2) Money was allocated for the provision of 24-hour registrar cover at Campbelltown Hospital. This is currently in place. Registrars are also available for consultation by staff at Camden Hospital. The Day Surgery Unit is accommodated at Camden Hospital. Registrars cover both sites for the provision of day surgery procedures and for consultation in other units at Camden while they are present at Camden Hospital. Surgical patients requiring overnight stay are transferred to Campbelltown Hospital.

(3) No.

(4) Since the June 2003 introduction of an internal transport service and ambulance diversions from Camden Hospital Emergency Department, all patients are transferred in a timely fashion to the most appropriate service provider. Acutely ill patients from Camden requiring ambulance transport are diverted to Campbelltown Hospital.

*905 LOCAL GOVERNMENT—EASTERN CAPITAL CITY REGIONAL COUNCIL—Mrs Pavey asked the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands)—

What guarantee can you provide to the people of the Monaro Electorate that the new Eastern Capital City Regional Council will not be forcibly abolished to create a super council following the council elections?

Answer—

I provide the following details in response to your question:

The NSW Government is committed to ensuring that local government delivers better services to ratepayers.

As part of this process, following the ACT Regional Review and extensive public consultation, the new Eastern Capital City Regional Council was proclaimed and commenced operations on 11 February 2004.

I am advised that the Administrators of the new local government areas have all met and the process of making the new councils work to benefit ratepayers is going well.

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1322 Legislative Council Questions and Answers No. 50—Thursday 1 April 2004

Further reforms cannot be ruled out because they can always be initiated by the councils or residents themselves but we are confident that the reforms we have implemented will see the required benefits.

This Government is committed to achieving meaningful reform to local government in NSW for the benefit of all ratepayers and residents.

*906 LOCAL GOVERNMENT—LOCAL GOVERNMENT AMALGAMATIONS—Mrs Pavey asked the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands)—

How much has the political consultancy firm Polmark received from the State Government in the past financial year to assist in the Local Government amalgamations and other issues?

Answer—

I provide the following details in response to your questions:

The answer to the Honourable Member’s question is Nil.

*915 HEALTH—BATHURST BASE HOSPITAL—Ms Hale asked the Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast representing the Minister for Health—

(1) (a) Does the Government have any plans to have a radiology unit based at Bathurst Base hospital.

(b) If not why not?

(2) (a) What is the agreed level of health care for the community of Bathurst?

(b) What services are currently available to that community?

(3) (a) Has there been any increase in the number of infections of Staphylococcus aureus (Golden Staph) at Bathurst Base Hospital over the last three years?

(b) How many Golden Staph infections were recorded at the hospital in the calendar years:

(i) 2000? (ii) 2001? (iii) 2002?

(4) (a) Does Bathurst Base Hospital have a currently functioning medical retrieval team?

(b) If not why not?

(5) (a) Does Mid West Area Health Service supply the doctors for the Careflight helicopter which is based in Orange?

(b) From what budget is the payment for these doctors sourced?

(6) Under the new plans for Bathurst Base Hospital, will there be an increase in the number of beds compared to those currently existing at Bathurst Base Hospital?

(7) (a) Does Bathurst Base Hospital own an ultrasound machine?

(b) If so, how old is this machine?

(c) If the machine is out of date when will it be upgraded?

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1323 Legislative Council Questions and Answers No. 50— Thursday 1 April 2004

(8) (a) What proportion of the Mid West Area Health Service budget expenditure is required for treatment

of road accident victims?

(b) Has this proportion increased in the last three years?

(c) Will it increase?

(9) How many patients have been turned away from Bathurst Base Hospital in the last three years?

(10) (a) Have patients been allocated beds at Bathurst Base Hospital who may otherwise have been relocated to the Rehabilitation Unit?

(b) What is the hospital’s policy in relation to relocation of patients between the hospital and the rehabilitation unit?

(11) (a) What is the current agreement between Bathurst Base Hospital and St Vincents Hospital at Bathurst regarding the allocation of public beds?

(b) What is the cost of the beds per day to the public system?

(12) What plans does the Government have regarding the future of Macquarie homes in Bathurst?

(13) What plans does the Government have regarding the future of the Rehabilitation Unit at Bathurst Base Hospital?

(14) What plans does Mid West Area Health Service have for the Daffodil Cottage?

(15) Does the Government have any plans to upgrade Bathurst Base Hospital Accident and Emergency services?

(16) When will building works commence on the new Bathurst Base Hospital?

Answer—

(1) to (16) I refer the Honourable Member to my answer to Question Number 873, published in the Questions and Answers Paper Number 39.

I am advised that the position has not changed.

*917 HEALTH—DR HELIA GAPPER—Dr Chesterfield-Evans asked the Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast representing the Minister for Health—

(1) Was the termination of employment in the year 2000 of Dr Helia Gapper, as the NSW Government Medical Officer and Director HealthQuest officially classified as:

(a) (i) Resignation?

(ii) If so, was the resignation voluntary?

(b) (i) Dismissal?

(ii) If so, on what grounds was the dismissal based?

(c) (i) Retirement on medical grounds?

(ii) If so, what were the grounds of the medical discharge?

(2) (a) Was Dr Gapper’s termination of employment proceeded by a period or periods of stress leave?

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1324 Legislative Council Questions and Answers No. 50—Thursday 1 April 2004

(b) If so, what were the periods of that leave?

(3) Did the Health Care Complaints Commission (HCCC) at p 72 of their Annual Report 2000 state that a report commissioned by the Department of Health confirmed the concerns raised by 12 complaints to HCCC about the practices of HealthQuest and the Department of Health Medical Appeals?

(a) If so:

(i) Did any of the HCCC complainants allege that they had been directed to undergo psychiatric examinations by HealthQuest after they had spoken up about or reported some form of maladministration or corrupt conduct in their workplace?

(ii) Did any of the HCCC complainants allege that assessments were made by HealthQuest psychiatrists and the Director or Deputy-Director of HealthQuest based on false and misleading information supplied to HealthQuest by their departments?

(iii) Did any of the HCCC complainants allege that they had not given their informed consent to be examined or assessed by HealthQuest?

(iv) Did any of the HealthQuest complainants allege that they had never been given an opportunity to hear and answer the serious and damaging allegations made against them in material supplied to HealthQuest by their departments?

(v) Did any of the HealthQuest complainants allege secretly supplied to HealthQuest by their department had been written by or had originated from the very officers whose misconduct they had tried to report or expose?

(vi) Did any of the HCCC complainants allege that the Director or Deputy Director of HealthQuest had declared or certified them to be “unfit to perform their duties” when they were at the time successfully performing those duties?

(vii) Did any of the HCCC complainants allege that the “Retirement Certificates” issued by HealthQuest were fraudulent?

(viii) Subsequent to the publication of the Department of Health Lowe report did HealthQuest ceasing issuing “Retirement Certificates” and if so on what grounds?

(ix) Did any of the HealthQuest complainants allege that they had not been provided with a genuine or fair right of appeal against the HealthQuest decision?

(4) Was Dr Jagger, Deputy Director, HealthQuest called to attend ICAC on 27 August 1998 to answer allegations made by New South Wales public service whistleblowers about practices of HealthQuest?

(5) Was Dr Jagger’s subsequent transfer to the position of Medical Director Canterbury Hospital caused by or related to the allegations made by New South Wales public service whistleblowers about the practices of HealthQuest?

(6) Was Dr Gapper’s termination of employment as GMO and Director HealthQuest in 2000 caused by or related to the allegations made by New South Wales public service whistleblowers about the practices of HealthQuest?

(7) If the HCCC complainants allegations against Healthiest were confirmed by the Department of Health’s Lower Report in 2000, what has been undertaken since then to redress the damage done to each of those complainants to their reputations and careers?

(8) (a) Is the Minister aware of other similar complaints made by New South Wales public service whistleblowers against HealthQuest in addition to the 12 complaints to HCCC?

(b) If so, what action has been undertaken to investigate their complaints and provide redress?

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1325 Legislative Council Questions and Answers No. 50— Thursday 1 April 2004

(9) (a) Was Mr Bob McGregor, Deputy-Director General Department of Health adversely named in the

1983 Slattery Royal Commission Final Report into the Chelmsford Deep Sleep Therapy scandal for his failure to act upon or investigate complaints at Chelmsford?

(b) (i) Was Mr McGregor in late 1999 put in charge of a Department of Health review into the practices of HealthQuest and the Medical Appeals Panel?

(ii) Who made that decision and on what basis was the decision made?

Answer—

I have been advised by the Hon Morris Iemma MP, Minister for Health, that the answer to the Honourable Member’s question is:

(1) (a) Yes.

(b) and (c) N/A.

(2) (a) and (b) Stress leave is not a recognised form of leave in the NSW Public Service or Health Service.

(3) (a) (i) to (vii) and (ix) Page 72 of the Health Care Complaints Commission Annual Report 1999-2000 states that the Department of Health report confirmed concerns raised by complainants relating to five general areas about a particular health service (HealthQuest). Page 46 of the Commission’s Annual Report 2000-2001 notes that “The Commission worked with the Department of Health…and is now satisfied with the action taken to date.”

(viii) Yes. Findings of a review into the practice of issuing Retirement Certificates and concerns raised with the NSW Ombudsman prompted the change.

(4) to (6) No.

(7) I am advised that all recommendations made by the Lowe Report regarding the operation of HealthQuest have been addressed.

(8) Refer to response to questions 3 and 7.

(9) (a) No adverse finding against Mr McGregor has been identified in the Royal Commission report.

(b) (i) No.

(ii) N/A.

*918 PREMIER—MS LESLEY KILLEN—Dr Chesterfield-Evans asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Premier, Minister for the Arts and Minister for Citizenship—

(1) (a) Did Ms Lesley Killen report any breaches of the Occupational Health and Safety Act including acts of workplace violence or any other unlawful or improper conduct by officers and management at the Power House Museum prior to being directed to attend HealthQuest?

(b) If so, was there any inquiry or investigation ever conducted into any of her allegations prior to her being directed to attend HealthQuest?

(c) If so, what were the results?

(2) (a) Did Ms Lesley Killen also lodge a workers’ compensation claim against the Ministry of the Arts prior to being direct to attend HealthQuest?

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1326 Legislative Council Questions and Answers No. 50—Thursday 1 April 2004

(b) If so:

(i) What was the nature of that claim?

(ii) What was the outcome of the claim?

(iii) What were the total costs incurred to the MAAS/Ministry for the Arts arising from the workers’ compensation claim of Ms Lesley Killen and what is the breakdown of those costs into legal fees and expenses, administrative costs, Websters’ investigation for surveillance and settlement monies including spotter’s fees?

(iv) What were the total legal expenses/fees paid by the Department to Crown Solicitor – Ms McOnie for representing an officer of MAAS, Ms Jennifer Bulkeley in AVO proceedings commenced April 1996 in Downing Centre District Court? ( Case withdrawn 5 June 1996 – on production of mutually agreed Letter of Undertaking). If so, who signed the authorisation?

(v) Have MAAS/Ministry for the Arts and/or Mr Des Beechey reimbursed Victim’s Compensation for the costs and compensation for the costs and compensation awarded to Ms Killen 14 May 1998, for the act(s) of violence resulting in injury reported to workers’ compensation claim?

(vi) Is HealthQuest accredited by WorkCover Authority to carry out medical assessments or fitness for rehabilitation assessments?

(vii) Why did MAAS cease payment of their employers’ contribution to superannuation funds and at the same time withdraw their contribution to funds back-dated November 1995 prior to Ms Killen’s HealthQuest appointment 19 June 1996?

(viii) Why did MAAS require Ms Killen to claim wages via Letter of demand for the 19 months pre-secondment organised by ODEOPE in lieu of paid rehabilitation due to this injured worker, when Ms Killen, a permanent employee, was regularly sending in signed flexi-sheets as required under NSW Archives Act and State Records Act?

Answer— The Premier has advised: (1) (a) Ms Killen was referred to HealthQuest in 1996 in relation to a workers’ compensation claim in

September 1995 for work-related stress. (b) The TMF/GIO conducted an investigation into the 1995 claim as part of the Worker’s

Compensation evaluation. (c) This claim was denied by the TMF/GIO and also at appeal in the Compensation Court.

(2) (a) Yes, a claim in September 1995 was made on the Powerhouse Museum, which acted under

delegation from the Director-General of the Ministry for the Arts, before Ms Killen was directed by the Museum to attend HealthQuest.

(b) (i) Work related stress.

(ii) It was denied by the insurer. (iii) The Museum of Applied Arts and Sciences and the Ministry for the Arts did not expend

any costs in relation to the Workers’ Compensation claim apart from some staff time to collate information for the TMF and attempts to rehabilitate Ms Killen back into the workforce.

(iv) No charge was levied by the Crown Solicitor’s Office as the work was deemed to be core work for their services.

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1327 Legislative Council Questions and Answers No. 50— Thursday 1 April 2004

(v) No, as no proceedings have ever been brought against either party to warrant such a

payment. (vi) HealthQuest has responsibility for exercising the functions of the Government Medical

Officer. The Government Medical Officer has the authority to undertake assessments on fitness pursuant to Clause 17 of the Public Sector Management (General) Regulation 1996.

(vii) Ms Killen’s superannuation contributions were dependent on paid salary. As she was on Leave Without Pay no contributions were made.

(viii) The Museum has advised that Ms Killen was not required to claim wages via a letter of demand. A log of hours was submitted by letter from Ms Killen. Ms Killen was paid by the Museum for all the hours she worked.

*919 COMMUNITY SERVICES—MR GERARD CREWDSON—Dr Chesterfield-Evans asked the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

(1) (a) Did Mr Gerard Crewdson report any unlawful or improper conduct by officers of the department including neglect/mistreatment of disabled clients of the department or workplace harassment prior to being directed to attend Health Quest?

(b) If so, was any inquiry or investigation undertaken into his allegations by the department prior to his being directed to attend HealthQuest and with what result?

(2) What were the total legal expenses/fees paid by the department to solicitor Mr Valarezo for representing an officer of the department, Mr Damian Lutvey, in AVO proceedings commenced September 1999 in Newtown Local Court against Mr Gerard Crewdson and withdrawn in February 2000 at Downing Centre District Court?

(3) (a) Was the payment of fees to Mr Valarezo authorised?

(b) If so, who signed the authorisation?

(4) (a) Did Ms Maggie du Pille report any unlawful or improper conduct by officers of the department including neglect/mistreatment of disabled clients of the department or management harassment prior to being directed to attend HealthQuest?

(b) If so, was any inquiry or investigation undertaken by the department or any other body into her allegations prior to her being directed to attend HealthQuest?

(c) What were the results?

(5) (a) Did Ms Maggie du Pille lodge a workers’ compensation claim against the Department of Community Services prior to her being directed to attend HealthQuest?

(b) If so:

(i) What was the nature of the claim?

(ii) What was the outcome of that claim?

(iii) What were the total costs incurred to the department arising from the workers’ compensation claim of Ms Maggie du Pille and what is the breakdown of those costs into legal fees and expenses, administrative costs and settlement monies?

Answer—

(1) (a) Yes.

(b) Local action was taken but no formal inquiry or investigation was undertaken prior to Mr Crewdson being directed to attend HealthQuest.

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1328 Legislative Council Questions and Answers No. 50—Thursday 1 April 2004

(2) $1,200.

(3) (a) Yes.

(b) The Executive Director of the then Metro North Region of the then Department of Community Services.

(4) (a) Ms du Pille made allegations regarding various client and discrimination matters.

(b) Yes, an investigation into alleged client issues was undertaken by the then Community Services Commission (CSC). An investigation into alleged discrimination against Ms du Pille was undertaken by the Anti-Discrimination Board (ADB) of NSW.

(c) The then CSC produced a report and undertook monitoring of the implementation of the recommendations in the report. The matter was finalised on 4 April 2001, as key recommendations had been implemented.

The ADB referred the matter to the Administrative Decisions Tribunal (ADT) on 5 September 2001. The matter was noted as withdrawn and dismissed by the ADT on 14 March 2002.

(5) (a) Yes.

(b) (i) Psychological injury claim. (ii) Workers compensation benefits were paid. (iii) Total costs incurred were $96,586 inclusive of legal fees. A detailed breakdown of costs is

not available to the department.

*921 COMMERCE—MS PASCALE BOUROT—Dr Chesterfield-Evans asked the Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast—

(1) (a) Did Ms Pascale Bourot report breaches of the Occupational Health and Safety Act or any unlawful or improper conduct by officers in the State Mail Service including faulty air conditioning, the threat of sexual harassment in relation to staff training, unfair operation of flexi-leave rules and management intimidation/harassment prior to being directed to attend HealthQuest?

(b) If so, was any inquiry or investigation undertaken into her allegations by the department or any other body prior to her being directed to attend HealthQuest?

(c) What were the results?

(2) (a) Did Ms Bourot also lodge any workers’ compensation claim against the department prior to her being directed to attend HealthQuest?

(b) If so:

(i) What was the nature of the workers’ compensation claim(s)?

(ii) What was the outcome of the claims?

(iii) What were the total costs to the department arising from workers’ compensation claim(s) of Ms Bourot and what is the breakdown of those costs in legal fees/expenses, administrative and settlement costs?

Answer—

(1) WorkCover records indicate that a complaint was received from Ms Bourot on 27 April 2000, which discussed a series of concerns about occupational health and safety, industrial relations and workers compensation issues at the State Mail Service. The complaint indicated that WorkCover first addressed concerns about air conditioning at the State Mail Service in 1993.

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1329 Legislative Council Questions and Answers No. 50— Thursday 1 April 2004

On 28 April 2000, WorkCover wrote to Ms Bourot formally acknowledging the receipt of her correspondence and requesting that to assist in the investigation process, contact be made with a nominated WorkCover Inspector.

WorkCover has advised that Ms Bourot again wrote to WorkCover on 8 June 2000, apologising for the delay in response and highlighting that contact would be made with the nominated Inspector once the results of a freedom of information request lodged with the NSW Treasury had been received.

WorkCover’s file on this matter was closed on 27 September 2000 after no further contact was received from Ms Bourot. WorkCover’s decision to close the file took into consideration the fact that the events described in Ms Bourot’s initial correspondence related to incidents up to and including 2 September 1998, and became statute barred under the Occupational Health and Safety Act 1983 on 2 September 2000.

(2) Between 1991 and 1998, Ms Bourot lodged four workers compensation claims relating to her employment with State Mail Service. All four claims are now closed. Liability for one claim, with a date of injury 26 June 1998, was denied by the insurer after an extensive medical investigation. For the four claims, a total of $5204.97 was paid in weekly benefits and a total of $2,606.70 in medical investigation.

1 APRIL 2004

(Paper No. 50)

1024 TRANSPORT—TARANA TO OBERON RAIL LINE—Ms Rhiannon to ask the Minister for Transport Services, Minister for the Hunter, and Minister Assisting the Minister for Natural Resources (Forests)—

(1) (a) Does Carter Holt Harvey annually transport some 40,000 20-foot containers of its product through the World Heritage Area of the Blue Mountains?

(b) If so, what consideration have you given to reopening the Tarana to Oberon rail line?

(2) (a) Will the following signal boxes be closed:

(i) Lithgow Coal Stage?

(ii) Orange East Fork?

(iii) Orange Box?

(iv) Dubbo A&B Frames?

(v) Parkes Signal Box?

(b) If so, when will each be closed?

(4) What are your plans for the following railway workshops:

(a) Bathurst?

(b) Goulburn?

(5) Why aren’t the following lines used for general freight:

(a) Kandos?

(b) Mudgee to Gulgong?

(c) Blayney to Cowra?

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1330 Legislative Council Questions and Answers No. 50—Thursday 1 April 2004

(6) (a) Will the Government finance or part finance a freight/container terminal at Bathurst?

(b) If not, why not?

1025 ATTORNEY GENERAL—OVERSEAS SATELLITE TELEVISION BROADCASTER—Revd Mr Nile to ask the Minister for Justice, and Minister Assisting the Premier on Citizenship representing the Attorney General and Minister for the Environment—

(1) (a) Are overseas satellite television broadcasters exploiting loopholes in Australian censorship laws to beam 24-hour pornography channels to New South Wales homes for as little as $5 a week?

(b) Does this explicit content include graphic scenes of gang rape?

(2) (a) Do you acknowledge that this pornographic content poses unacceptable conditioning stimuli for New South Wales citizens?

(b) Do you acknowledge that this stimuli may lead to further cases of abuse and rape in this state?

(3) What action will you take to remove such material form our airways?

1026 JUSTICE—OVERSEAS SATELLITE TELEVISION BROADCASTERS—Revd Mr Nile to ask the Minister for Justice, and Minister Assisting the Premier on Citizenship—

(1) (a) Are overseas satellite television broadcasters exploiting loopholes in Australian censorship laws to beam 24-hour pornography channels to New South Wales homes for as little as $5 a week?

(b) Does this explicit content include graphic scenes of gang rape?

(2) (a) Do you acknowledge that this pornographic content posses unacceptable conditioning stimuli for New South Wales citizens?

(b) Do you acknowledge that this stimuli may lead to further cases of abuse and rape in this state?

(3) What action will you take to remove such material form our airways?

1027 JUSTICE—PAEDOPHILIA CHATROOMS—Revd Mr Nile to ask the Minister for Justice, and Minister Assisting the Premier on Citizenship—

(1) Are paedophiles disseminating pornography depicting children as young as four through chatrooms and message boards such as ‘The Shaowz’?

(2) (a) Will you set up a task force to crack down on this area of media?

(b) If not, why not?

1028 ATTORNEY GENERAL—PAEDOPHILE CHATROOMS—Revd Mr Nile to ask the Minister for Justice, and Minister Assisting the Premier on Citizenship representing the Attorney General and Minister for the Environment—

(1) Are paedophiles disseminating pornography depicting children as young as four through chatrooms and message boards such as ‘The Shaowz’?

(2) (a) Will you set up a task force to crack down on this area of media?

(b) If not, why not?

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1331 Legislative Council Questions and Answers No. 50— Thursday 1 April 2004

1029 ENERGY AND UTILITIES—WASTEWATER SERVICES—Mr Cohen to ask the Minister for Rural Affairs,

Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands) representing the Minister for Energy and Utilities, Minister for Science and Medical Research, Minister Assisting the Minister for Health (Cancer) and Minister Assisting the Premier on the Arts—

(1) What entity is responsible for the provision of wastewater services to the towns of Glossodia, Freemans Reach and Wilberforce?

(2) What is the status of Sydney Water’s Priority Sewerage Program?

(3) To what extent does Water Plan 21 address the risk to river health from nutrient pollution impacts such as saline infestation that has recently appeared in the Hawkesbury River?

(4) (a) What government agency is responsible for monitoring and reporting such outbreaks?

(b) Who is responsible for taking action to address this critical environmental problem?

1030 INFRASTRUCTURE AND PLANNING, NATURAL RESOURCES—CROWN LEASEHOLD LAND—Mr Cohen to ask the Minister for Transport Services, Minister for the Hunter, and Minister Assisting the Minister for Natural Resources (Forests) representing the Minister for Infrastructure and Planning and Minister for Natural Resources—

(1) (a) What parcels of Crown leasehold land have been converted to freehold land in 2003 and 2004?

(b) What was the value of each parcel?

(c) What was the cost to leaseholders for each parcel of converted Crown land?

(2) What instruction has been given to lands assessment officers of the Lands department on reporting, processing, assessing and objecting to the conversion of crown leasehold land?

(3) What instruction has been given to assessment officers to the Lands Department when communicating their objects to conversion of Crown leasehold land and the reasons for those objections with the leaseholder?

(4) (a) Has the Parks Service Division (DEC) objected to any of the recent Crown land conversions agreed to by the Lands Department?

(b) If so, which?

(5) Is it the responsibility of the Lands Department to object to the conversion of Crown leasehold land where there are environmental concerns?

1031 ATTORNEY GENERAL—LAWS TO PROTECT UNBORN CHILDREN—Revd Mr Nile to ask the Minister for Justice, and Minister Assisting the Premier on Citizenship representing the Attorney General and Minister for the Environment—

In relation to the Attorney General’s announcement that the Government will be looking into draft laws to protect unborn children and their mothers from violence:

(1) Why have such laws not yet been enacted despite the Attorney General making a similar comment in September 2002?

(2) (a) Is the Minister awaiting the results of the Phillip King case before beginning work on a draft bill?

(b) If so, why?

(3) When can the people of New South Wales expect to see some action on this issue?

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1032 POLICE—MR GARY REDDING—Revd Mr Nile to ask the Minister for Justice, and Minister Assisting the

Premier on Citizenship representing the Minister for Police—

(1) Did the New Zealand Police arrange for Gary Redding to be interviewed by NSW Police concerning the death of Caroline Byrne?

(2) (a) Did the NSW Police fail to arrive and interview Gary Redding in view of his statement that Caroline Byrne was murdered?

(b) If so, why?

(3) What action is the NSW Police Service taking to interview Gary Redding who is permanently living with his mother in Kent, United Kingdom?

1033 COMMUNITY SERVICES—REGULATIONS UNDER THE CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT—Mr Ryan to ask the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

(1) (a) Does the Minister intend to release the two reports by consultants PriceWaterhouseCooper that the Government commissioned as part of its review of the children’s services regulations?

(b) If not why not?

(2) Will the Government still be adhering to the timetable outlined by the Minister in the House on 25 February 2004 to release details of the new regulations “in the first half of 2004 “, particularly in light the recent decision by the Executive Director of Child Protection and Early Intervention to take extended leave due to illness?

1034 COMMUNITY SERVICES—CHILD ABUSE HELPLINE—Mr Ryan to ask the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

(1) What were the call abatement rates for calls to the Department of Community Services Helpline during the following months:

(a) January 2004?

(b) February 2004?

(c) March 2004?

(2) What was the rate for backlogged faxes at the Department of Community Services Helpline during the following months:

(a) January 2004?

(b) February 2004?

(c) March 2004?

1035 COMMUNITY SERVICES—SUBSTANTIATION RATES FOR CHILD ABUSE REPORTS—Mr Ryan to ask the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

(1) How many reports of child abuse were received in the following years:

(a) 1996-97?

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1333 Legislative Council Questions and Answers No. 50— Thursday 1 April 2004

(b) 1997-98?

(c) 1998-99?

(d) 1999-2000?

(e) 2000-02?

(f) 2002-3?

(2) For each of the following years, of the reports received, how many of them were substantiated:

(a) 1996-97?

(b) 1997-98?

(c) 1998-99?

(d) 1999-2000?

(e) 2000-02?

(f) 2002-3?

(3) For the following years how many children who were the subject of a report of child abuse were also the subject of an investigation and a decision not to substantiate an allegation of child abuse in the previous 3 and 12 months;

(a) 1996-97?

(b) 1997-98?

(c) 1998-99?

(d) 1999-2000?

(e) 2000-02?

(f) 2002-3?

(4) For the following years how many children who were the subject of a substantiated child abuse report were also the subject of a subsequent substantiation of child abuse within 3 and 12 months:

(a) 1996-97?

(b) 1997-98?

(c) 1998-99?

(d) 1999-2000?

(e) 2000-02?

(f) 2002-3?

1036 AGEING, DISABILITY SERVICES AND HOME CARE—ACCESS SYSTEM WAITING LISTS—Mr Ryan to ask the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

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How many people are on the waiting list for the Service Access System in each one of the Department of Ageing and Disability Services and Home Care regions?

1037 AGEING, DISABILITY SERVICES AND HOME CARE—HOME CARE SERVICES—Mr Ryan to ask the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

How many people are on the waiting list for the Home Care service in each one of the Department of Ageing and Disability Services and Home Care regions?

1038 DISABILITY SERVICES—CONSUMERS OF DISABILITY ACCOMMODATION SERVICES—Mr Ryan to ask the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

(1) How many people were accommodated in government provided institutions or large residential facilities for people with disabilities in New South Wales during:

(a) 2001-2002?

(b) 2002-2003?

(2) How many people were accommodated in government provided community accommodation facilities for people with disabilities in New South Wales during:

(a) 2001-2002?

(b) 2002-2003?

(3) How many people were accommodated in government funded non-government provided institutions or large residential facilities for people with disabilities in New South Wales during:

(a) 2001-2002?

(b) 2002-2003?

(4) How many people were accommodated in government funded non-government provided community accommodation facilities for people with disabilities in New South Wales during :

(a) 2001-2002?

(b) 2002-2003?

1039 COMMUNITY SERVICES, AGEING, DISABILITY SERVICES AND HOME CARE—MEMORANDUM OF UNDERSTANDING —Mr Ryan to ask the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

How many case files will be transferred from the Department of Community Services to the Department of Disability Services, Ageing and Home Care as a result of the recent Memorandum of Understanding between the two departments?

1040 DISABILITY SERVICES, AGEING AND HOME CARE—LOCAL AREA COORDINATORS—Mr Ryan to ask the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

In which regions of the Department of Disability, Ageing and Home Care have the local area co-ordinators been located?

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1041 DISABILITY SERVICES, AGEING AND HOME CARE—BUDGET—Mr Ryan to ask the Minister for

Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

(1) Of the additional $72.4 million allocated to the Department of Disability Services, Ageing and Home Care after the half year review of the State Budget, how much money was allocated to the following programs:

(a) Service Access System?

(b) ATLAS?

(c) Capital funding for devolution?

(d) Staff restructuring?

(2) In view of the fact that only $60 million is to be allocated to the Department of Disability Services, Ageing and Home Care in the proposed Appropriation Budget Variations Bill 2004, where is the other $12.4 million dollars coming from?

1042 INDUSTRIAL RELATIONS—SEXUAL HARASSMENT IN THE WORKPLACE—Revd Mr Nile to ask the Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast—

(1) (a) Has a study by the Human Rights and Equal Opportunity Commission shown that more than 10% of Australian adults have been sexually harassed at work in the past 5 years?

(b) Were nearly 250,000 adults sexually harassed last year?

(2) Does sexual harassment reduce the quality of life for New South Wales workers and affect the efficiency of the New South Wales workforce?

(3) With Federal Sex Discrimination Commissioner Pru Goward stating that much of the problem lies in attitudes “still people think sexual harassment is flirting going wrong”, what educational programs has the Minister introduced to combat such attitudes?

1043 EDUCATION AND TRAINING—ENROLMENT TRENDS—Ms Rhiannon to ask the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth representing the Minister for Education and Training and Minister for Aboriginal Affairs—

(1) What are the trends in enrolment since 1980 for all schools, government and non-government, in the Sydney Region of Department of Education and Training (DET)?

(2) What are the participation rates, broken down into the smallest demographic units used by the ABS, in public education relative to private education since 1980 in the Sydney Region, by reference to census and other ABS data, and to data available to DET?

(3) What has been the strategic response by DET since 1980 to these shifts in participation rates?

(4) What response to the adequacy and efficacy of its strategic responses has DET sought from the local communities in the Sydney Region and from the NSWTF since 1980?

(5) How has DET responded to the issues raised in those community and NSWTF responses?

(6) How has DET evaluated the efficacy and adequacy of its participation strategies in the Sydney Region since 1980, and what has been the outcome of those evaluations?

(7) What current plans and strategies are operative in the Sydney region to redress the appalling participation rates in public education in that region?

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(8) Will you instruct the Director-General of Education to affirm to Regional Directors and their staff that the

best interests of public education would be served if they worked closely with local school communities and their elected representatives in the P&C organisations and with teachers in the development and evaluation of strategic planning for the improvement of participation rates in public education?

1044 ENERGY AND UTILITIES—WAMBO—Ms Rhiannon to ask the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands) representing the Minister for Energy and Utilities, Minister for Science and Medical Research, Minister Assisting the Minister for Health (Cancer) and Minister Assisting the Premier on the Arts—

(1) What will be the total value of pass-through payments made to Wambo Power Ventures by Transgrid if Wambo builds a power station at Wagga Wagga?

(2) Over what time frame will those pass-through payments be made?

(3) What will be the value of greenhouse gas abatement certificates and Nemmco ancillary payments that Wambo will receive from the Government during that time frame?

1045 ENERGY AND UTILITIES—SYDNEY WATER—Dr Chesterfield-Evans to ask the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands) representing the Minister for Energy and Utilities, Minister for Science and Medical Research, Minister Assisting the Minister for Health (Cancer) and Minister Assisting the Premier on the Arts—

(1) (a) Is the Government moving Sydney Water to Parramatta to get closer to its customers?

(b) If so, why is it closing Sydney Water’s regional offices?

(2) (a) Could the Government save $168 million by not moving Sydney Water to Parramatta, but merely consolidating its office space, leasing the rest out and selling the Parramatta land?

(b) If so, why not do this?

(3) (a) Does the newer section of the Sydney Water head office building have concrete cancer?

(b) If so, is the new front strong enough to withstand the impact if the concrete should fall?

1046 ENVIRONMENT—STORMWATER PLAN—Mr Cohen to ask the Minister for Justice, and Minister Assisting the Premier on Citizenship representing the Attorney General and Minister for the Environment—

(1) How many Stormwater Plans have been received by the Department of Environment and Conservation from Sydney Water and when?

(2) For each plan what environmental protection issues are addressed?

(3) How many Stormwater Management Plans have been updated?

(4) (a) How many staff are currently dedicated to monitoring compliance with these Stormwater Management Plans?

(5) (b) What is the budget for this unit?

1047 POLICE—SCHOOL CADETS’ ACCESS TO FIREARMS—Ms Rhiannon to ask the Minister for Justice, and Minister Assisting the Premier on Citizenship representing the Minister for Police—

(1) Are teenagers in our high schools who participate in cadet programs able to access firearms without any need for licensing or safety awareness training?

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(2) Are those supervising these school cadets also able to access these firearms, without any need for

licensing or safety awareness training?

(3) Are some or all of these supervisors civilians with limited or no training, rather than army officers or firearms professionals?

(4) Are school-age cadets using these firearms with limited training and limited supervision?

(5) What action will you take to remove the exemption enjoyed by cadet units from the relevant firearms legislation?

(6) Are firearms and/or other military weapons being stored on school premises?

(7) Does the 206 Regional Cadet Unit store its weapons at North Sydney Boys High School?

(8) Are you aware of any incidents in which weapons from this Unit have been stolen from this school?

1048 EDUCATION—SCHOOL CADETS’ ACCESS TO FIREARMS—Ms Rhiannon to ask the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth representing the Minister for Education and Training and Minister for Aboriginal Affairs—

(1) Are teenagers in our high schools who participate in cadet programs able to access firearms without any need for licensing or safety awareness training?

(2) Are those supervising these school cadets also able to access these firearms, without any need for licensing or safety awareness training?

(3) Are some or all of these supervisors civilians with limited or no training, rather than army officers or firearms professionals?

(4) Are school-age cadets using these firearms with limited training and limited supervision?

(5) What action will you take to remove the exemption enjoyed by cadet units from the relevant firearms legislation?

(6) Are firearms and/or other military weapons being stored on school premises?

(7) Does the 206 Regional Cadet Unit store its weapons at North Sydney Boys High School?

(8) Are you aware of any incidents in which weapons from this Unit have been stolen from this school?

1049 TREASURY—WAMBO—Ms Rhiannon to ask the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

(1) What will be the total value of pass-through payments made to Wambo Power Ventures by Transgrid if Wambo builds a power station at Wagga Wagga?

(2) Over what time frame will those pass-through payments be made?

(3) What will be the value of greenhouse gas abatement certificates and Nemmco ancillary payments that Wambo will receive from the Government during that time frame?

1050 FAIR TRADING—BUILDING LICENCES—Dr Chesterfield-Evans to ask the Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast representing the Minister for Fair Trading and Minister Assisting the Minister for Commerce—

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1338 Legislative Council Questions and Answers No. 50—Thursday 1 April 2004

(1) How many builders have had their building licences cancelled since Mr Lindsay Le Compte took over as

General Manager of the Home Building Services?

(2) In relation to the promise by Mr Hanlon of the Department of Fair Trading to the Campbell Inquiry that disciplinary action would be taken against a number of builders within six weeks, how many builders have been subject to disciplinary action to date?

(3) What action is the Home Building Services taking to stop shonky builders from operating in New South Wales?

1051 JUSTICE—AEGAN LODGE HOSTEL —Revd Mr Nile to ask the Minister for Justice, and Minister Assisting the Premier on Citizenship—

(1) With regard to the Aegan Lodge hostel Land and Environment Court case, have Police investigations shown a number of affidavits presented in the case to be forgeries?

(2) Does the Land and Environment Court have a process to check the authentic of affidavits prior to handing down decisions?

(3) Are the Police investigating the source of these forgeries and what penalties are enforceable for such conduct?

(4) (a) Has the ICAC declined to take the matter on?

(b) If so, why?

1052 POLICE—AEGAN LODGE HOSTEL—Revd Mr Nile to ask the Minister for Justice, and Minister Assisting the Premier on Citizenship representing the Minister for Police—

(1) With regard to the Aegan Lodge hostel Land and Environment Court case, have Police investigations shown a number of affidavits presented in the case to be forgeries?

(2) Does the Land and Environment Court have a process to check the authencity of affidavits prior to handing down decisions?

(3) Are the Police investigating the source of these forgeries and what penalties are enforceable for such conduct?

(4) (a) Has the ICAC declined to take the matter on?

(b) If so, why?

1053 INDUSTRIAL RELATIONS—FATHERS—Revd Mr Nile to ask the Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast—

(1) Is the Minister aware of the ‘Policy Research Paper Number 22’ by the ‘Social Policy Research Centre’, University of NSW and published by the Australian Government Department of Family and Community Services on 1 April 2004?

(2) Is the Minister aware that according to the report, fathers play an important roll in the development of children?

(3) Is the Minister aware that according to the Family and Community Services Minister Kay Patterson, research shows that men did not spend more time with their families primarily through fear that it would adversely affect their jobs?

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(4) Is the Minister aware that despite the majority of workplace agreements containing provisions for family

leave, in 2000 only 18.7% of men actually availed themselves of such opportunity in comparison to 81.3% of their female co-workers?

(5) (a) What steps is the Government taking to encourage fathers to balance their family and work life?

(b) What steps is the Government taking to promote community/industry acceptance of fathers taking leave for family?

1054 COMMUNITY SERVICES, AGEING, DISABILITY SERVICES, AGEING AND YOUTH—DEPARTMENTAL EMPLOYEES—Mr Ryan to ask the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

(1) How many full-time equivalent employees were employed in the following departments as at June 2003:

(a) Department of Ageing Disability and Home Care?

(b) Commission for Children and Young People?

(c) Department of Community Services?

(2) How many permanent employees were employed in the following departments as at June 2003:

(a) Department of Ageing Disability and Home Care?

(b) Commission for Children and Young People?

(c) Department of Community Services?

(3) How many temporary employees were employed in the following departments as at June 2003:

(a) Department of Ageing Disability and Home Care?

(b) Commission for Children and Young People?

(c) Department of Community Services?

(4) What was the employee separation rate among non-casual employees for the following departments as at June 2003:

(a) Department of Ageing Disability and Home Care?

(b) Commission for Children and Young People?

(c) Department of Community Services?

(5) What was the average length of service for non-casual employees for the following departments have as at June 2003:

(a) Department of Ageing Disability and Home Care?

(b) Commission for Children and Young People?

(c) Department of Community Services?

(6) What was the average number of paid sick leave hours per employee for the following departments as at June 2003:

(a) Department of Ageing Disability and Home Care?

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(b) Commission for Children and Young People?

(c) Department of Community Services?

1055 ENERGY AND UTILITIES—SYDNEY WATER ENVIRONMENTAL PLAN—Mr Cohen to ask the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands) representing the Minister for Energy and Utilities, Minister for Science and Medical Research, Minister Assisting the Minister for Health (Cancer) and Minister Assisting the Premier on the Arts—

(1) (a) The current Sydney Water Environmental Plan is due to finish in 2005. Is a draft exposure document being prepared for public consultation for the next Sydney Water Environmental Plan?

(b) When will it be available to the public?

(2) (a) Does Sydney Water use a Geographic Information System (GIS) to collect environmental data, or for other purposes?

(b) If so, what budget is allocated for GIS for updating the technology?

(3) (a) Does the Sydney Water GIS include a Contacts Data Base?

If so:

(b) Who developed it?

(c) How long since it was last updated?

(4) (a) Has the State Water Monitoring Coordination Committee completed the State-wide monitoring framework?

(b) If not, what progress has been made in the consideration of the State-wide water monitoring framework?

(5) (a) Has the State Water Monitoring Coordination Committee reported to the Minister at any time?

(b) If so, when?

(6) Has the State Water Government Algal Coordination Committee considered business in the last year?

(7) (a) Does the State Water Government Algal Coordination Committee report to the Minister?

(b) If not, to whom does the State Water Government Algal Coordination Committee report?

(8) When was the last State Water Government Algal Coordination Committee report provided to the Minister?

(9) Are reports of the State Water Government Algal Coordination Committee available to the public?

(10) (a) Has Sydney Water provided advice on the use of tank water and grey water by residents on their gardens?

(b) If so, what is that advice?

1056 HEALTH—INDUSTRIAL ACCIDENTS—Ms Hale to ask the Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast representing the Minister for Health—

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1341 Legislative Council Questions and Answers No. 50— Thursday 1 April 2004

(1) (a) In relation to the Minister’s announcement of a package of $500,000 to upgrade the emergency

capacity of Wollongong Hospital in response to recent industrial accidents in the Illawarra, will the head of accident and emergency services receive a pay rise of $50,000 from that allocation?

(b) If so, what else will the $500,000 be spent on to increase the emergency capacity of the hospital?

(2) (a) How many doctors based at Wollongong Hospital are qualified and authorised to treat industrial accident emergencies?

(b) Are they rostered on 24 hours per day?

(3) Why is there no Medical Retrieval Unit at Wollongong Hospital when similar units exist in Newcastle, Tamworth and Lismore?

(4) (a) Does the Lifesaver Helicopter 3 based at Wollongong Hospital have suitably qualified staff on hand 24 hours per day to transport patients to Sydney at any time, if necessary?

(b) What is the response time for helicopters to fly from Sydney to Wollongong and back?

1057 HEALTH—PORT KEMBLA HOSPITAL—Ms Hale to ask the Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast representing the Minister for Health—

In view of the closure of the Port Kembla Hospital Casualty Department some years ago, what is the process/procedure now when someone is seriously injured in an industrial accident at Port Kembla?

1058 HEALTH—3G MOBILE PHONE TOWERS—Ms Hale to ask the Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast representing the Minister for Health—

Will the Department of Health ensure that data from recent Dutch and British studies into the risks associated with 3G mobile phone technology is included in the upcoming review of policies on the siting of telecommunications facilities being conducted by DIPNR?

1059 PLANNING AND INFRASTRUCTURE—3G MOBILE PHONE TOWERS—Ms Hale to ask the Minister for Transport Services, Minister for the Hunter, and Minister Assisting the Minister for Natural Resources (Forests) representing the Minister for Infrastructure and Planning and Minister for Natural Resources—

(1) (a) Has the PlanningNSW document entitled Draft Telecommunications Guidelines, which was available for public comment in August 2002, been updated?

(b) If so, is the updated version available publicly?

(c) If not, when will it be available?

(2) (a) What is the timeframe and process for the review of Draft Telecommunications Guidelines?

(b) When will the public be given the opportunity to comment on the updated guidelines?

(c) Will the review look at the specific issue of 3G tower location, given that the network for this technology is much more intensive than traditional mobile phone technology?

1060 LOCAL GOVERNMENT—LOCAL GOVERNMENT ELECTIONS VOTE COUNTING—Ms Hale to ask the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands)—

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1342 Legislative Council Questions and Answers No. 50—Thursday 1 April 2004

(1) In relation to last weekend’s local government elections, how much is the centralised computer vote

counting system at Villawood costing?

(2) (a) Is the cost of the centralised system, more or less than the old system where votes were counted manually in the council area where they were cast?

(b) If so, how much more, or less, is the computerised system costing?

(c) If the cost is less than the old system, how much less?

(3) What proportion of the total cost will be paid by the State Government, and what proportion will be paid by councils?

(4) Is the new system operating on budget, or will complexities and delays in counting result in a cost blow-out?

1061 LANDS—3G MOBILE PHONE TOWERS IN PUBLIC PARKS—Ms Hale to ask the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands)—

(1) What Crown Land is occupied by telecommunications facilities?

(2) Does the department have a list, with the names of the carriers which installed and operate each facility?

(3) In each of these cases, are there formal access arrangements/leases/tenure arrangements with the carrier?

(4) Are those access arrangements compatible with the purposes for which that land is reserved?

(5) Does each telecommunications facility comply with the purpose for which the reservation was made?

(6) Does each facility comply with the plan of management (allowable activities) for that particular reserve?

(7) Is there a plan of management that includes the conditions for these facilities?

(8) How long are the leases in each case?

(9) How much money is the Government receiving from rent for each of these facilities?

(10) Is there revenue sharing between the Crown and the reserve trustees?

(11) Why is the trustee (local council), not the owner (NSW Government), of Crown Land forced to challenge carriers in court?

(12) Which of the following sites where 3G mobile phone towers are located in Sydney are not crown land:

(a) Allambie Heights Tennis Club ALLAMBIE HEIGHTS (H3G);

(b) Amalfi Park LURNEA (H3G);

(c) Attunga Reserve BILGOLA EAST (H3G, V) (DA approved);

(d) Australis Park, WATTLE GROVE (H3G, O);

(e) Brush Farm Park (Bowling Club) EASTWOOD (H3G);

(f) Caber Park WINSTON HILLS (H3G);

(g) Cook Park KYEEMAGH (O);

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(h) Cromer Park CROMER (H3G);

(i) Cumberland State Forest WEST PENNANT HILLS (O);

(j) Dover Park BLAKEHURST (H3G, O);

(k) ELS Hall Park MARSFIELD (H3G, HT, O);

(l) Eric Mobbs Recreation Reserve CASTLE HILL (H3G);

(m) Fred Caterson Reserve CASTLE HILL (H3G, O, V);

(n) Gymea Bay Oval GYMEA BAY (H3G);

(o) Hassell Park ST IVES (H3G);

(p) Hitchcock Park AVALON (O);

(q) Holland Reserve GLENHAVEN (O);

(r) Ireland Park LIVERPOOL (H3G);

(s) Jannali Reserve BONNETT BAY (O, V);

(t) Jensen Park REGENTS PARK (O, V, HT);

(u) Kellyville Park KELLYVILLE (H3G, HT, V);

(v) Killarney Heights Oval KILLARNEY HEIGHTS (H3G);

(w) Kingsgrove Ave Reserve KINGSGROVE (O);

(x) Kingswood Oval ENGADINE (H3G);

(y) Kitchener Park MONA VALE (O);

(z) Lehmanns Oval LIVERPOOL (O);

(aa) Lilli Pilli Reserve CARINGBAH (H3G);

(bb) Lynwood Park BLACKTOWN (O);

(cc) Marsfield Park MARSFIELD (H3G);

(dd) McKillop Park HARBORD (O);

(ee) Middleton Park YAGOONA (H3G);

(ff) Neptune Park REVESBY HEIGHTS (H3G);

(gg) Pennant Hills Park PENNANT HILLS (O);

(hh) Perentie Park BELROSE (H3G, HT, O);

(ii) Plateau Park COLLAROY PLATEAU (H3G,HT, O, V);

(jj) Queen Elizabeth Park CONCORD (T);

(kk) Roberts Park Oval GREENACRE (H3G, O);

(ll) Seaforth Oval SEAFORTH (V);

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(mm) Tania Park Dobroyd Point BALGOWLAH HEIGHTS (H3G, O);

(nn) Tantallon Oval, LANE COVE (Hutchison 3G proposal);

(oo) Thurina Park VILLAWOOD (O);

(pp) Valentine Park GLENWOOD (H3G, HT, O, V);

(qq) Warrimoo Oval ST IVES CHASE (H3G);

(rr) Waterworth Park UNDERCLIFFE (V, O);

(ss) Waverley Park WAVERLEY (V);

(tt) Wentworth Park ULTIMO (H3G);

(uu) Winnal Reserve GREEN VALLEY (O);

(vv) Woolooware Oval WOOLOOWARE (H3G);

(ww) Woronora Heights Oval WORONORA HEIGHTS (O) (Hutchison 3G and Telstra proposal?);

(xx) Wright Reserve QUAKERS HILL (H3G)?

(H3G: Hutchison 3G; HT: Hutchison Telecoms; O: Optus; V: Vodafone)

1062 ENERGY AND UTILITIES—SALE OF SYDNEY WATER LAND—Ms Hale to ask the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands) representing the Minister for Energy and Utilities, Minister for Science and Medical Research, Minister Assisting the Minister for Health (Cancer) and Minister Assisting the Premier on the Arts—

(1) Does Sydney Water currently have any plans to sell any land in the Sydney Basin?

(2) (a) Are there plans to sell off land owned by Sydney Water in Cooper Street, Birrong?

(b) Is there any evidence that the land owned by Sydney Water in Cooper Street, Birrong is contaminated with soil pollutants?

(c) Has there been any soil tests done on land owned by Sydney Water in Cooper Street, Birrong in the past 6 months?

If so:

(i) Who requested soil tests to be conducted?

(ii) Why were the soil tests conducted?

(iii) What were the results of the soil tests?

(3) Does Sydney Water have any plans to sell off land in Potts Point?

(4) (a) Have developers approached Sydney Water with any offers for land owned by Sydney Water in Potts Point, Birrong, or any other land?

(b) If so, how much money has Sydney Water been offered for blocks of land in Potts Point, Birrong or any other block owned by Sydney Water?

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1345 Legislative Council Questions and Answers No. 50— Thursday 1 April 2004

1063 EDUCATION—MOBILE PHONE TOWERS—Ms Hale to ask the Minister for Community Services, Minister

for Ageing, Minister for Disability Services, and Minister for Youth representing the Minister for Education and Training and Minister for Aboriginal Affairs—

(1) (a) Will the department introduce a requirement that when a school principal is notified by a telecommunications carrier of a proposal for a 3G mobile phone tower close to the school, or within the school grounds, that he/she be obliged to inform DET?

(b) If not, why not?

(2) When a school principal is notified by a carrier about a proposal for a MPT close to the school, is he/she obliged to inform the school community ie the teachers, the administrative staff and the parents/carers of the school children?

(3) Is there any directive to principals regarding the installation of Mobile Phone Towers close to schools?

1064 PREMIER—3G MOBILE PHONE TOWERS—Ms Hale to ask the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Premier, Minister for the Arts and Minister for Citizenship—

(1) (a) In view of the example set by the Victorian Government (Department of Housing) last year taking Hutchison 3G to court. Is the State Government, on behalf of New South Wales councils, prepared to approach the Federal Government to revoke Schedule 3 of the Telecommunications Act to address the situation where local councils must take the carrier to court to prove that a facility is illegal or unauthorised?

(b) If not, why not?

(2) Will the State Government ask the Federal Government to authorise its own watchdog, the Australian Communications Authority, to take responsibility for the vetting/auditing/checking of the installation of “low-impact” facilities?

(3) Did the Australian Communications Authority introduce new electromagnetic radiation (EMR) human health exposure regulations on 1 March 2003, 26 days before the Premier launched 3G in New South Wales?

(4) The previous standard was 200 microwatt/ cm2. The new standard RPS3 limit uses a new formula to calculate limits. Is the Premier aware that using either the old or new formula 3G would not comply with the old standard?

(5) In relation to the role of the Mobile Carriers Forum in attempting to address better deployment of Low Impact Facilities, why are there delays in action being taken by the State Government when notified by residents of illegal and unauthorised structures built on crown land?

(6) Is the State Government lobbying the Federal Government to set aside more money for research into the risks associated with electromagnetic radiation?

John Evans Clerk of the Parliaments

_________________________

Authorised by the Parliament of New South Wales

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