· Web view1. Address to the Governor—Removal from office of Magistrate Brian Maloney of the Local Court—resumption of the adjourned debate (22 …

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LEGISLATIVE COUNCIL

NOTICE PAPER

No. 41

WEDNESDAY 14 SEPTEMBER 2011

The House meets this day at 11.00 am

Contents

Government Business—Orders of the Day.........................................................................................................2024Private Members’ Business.................................................................................................................................2025

Items in the Order of Precedence.............................................................................................................2025Items outside the Order of Precedence....................................................................................................2026

Business for Future Consideration......................................................................................................................2077Contingent Notices of Motions...........................................................................................................................2078

Legislative Council Notice Paper No. 41—Wednesday 14 September 2011

GOVERNMENT BUSINESS—ORDERS OF THE DAY

1. Address to the Governor—Removal from office of Magistrate Brian Maloney of the Local Court—resumption of the adjourned debate (22 June 2011) of the question on the motion of Mr Gallacher:

1. That the following Address be adopted and presented to Her Excellency the Governor, seeking the removal from office of Magistrate Brian Maloney of the Local Court.

To Her Excellency Professor Marie Bashir, Companion of the Order of Australia, Commander of the Royal Victorian Order, Governor of the State of New South Wales in the Commonwealth of Australia.

MAY IT PLEASE YOUR EXCELLENCY -

We, the Members of the Legislative Council of the State of New South Wales, in Parliament assembled, have the honour to communicate to Your Excellency the following Address adopted by the House this day:

That this House, having considered:

(a) the Report of the Conduct Division of the Judicial Commission of New South Wales concerning complaints against Magistrate Brian Maloney, dated 6 May 2011, and tabled in this House on 2 June 2011, and

(b) the written response of Magistrate Brian Maloney to the Report of the Conduct Division of the Judicial Commission, dated 25 May 2011, and tabled in this House on 2 June 2011,

and having heard Magistrate Brian Maloney at the Bar of the House, seeks the removal from office by Her Excellency the Governor, under section 53 of the Constitution Act 1902, of Magistrate Brian Maloney, a Magistrate of the Local Court of New South Wales, on the ground of incapacity.

2. That the Legislative Assembly be requested to adopt an Address in similar terms.

3. That a copy of the address made by Magistrate Brian Maloney at the Bar of the House on 21 June 2011, as to why he should not be removed from office on the grounds set out in the Report of the Conduct Division, be also transmitted to the Legislative Assembly—Mr Gay speaking.

2. Appropriation Bill 2011Duties Amendment (First Home—New Home) Bill 2011

Second reading—Mr Pearce.

(Standing Orders suspended for remaining stages, Thursday 8 September 2011)

3. Veterinary Practice Amendment (Interstate Veterinary Practitioners) Bill 2011: second reading—Mr Gay.

(Standing Orders suspended for remaining stages, Tuesday 13 September 2011)

4. Budget Estimates 2011-2012: resumption of the adjourned debate (6 September 2011) of the question on the motion of Mr Pearce: That the House take note of the Budget Estimates and related papers for the financial year 2011-2012—Mr Pearce speaking.

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5. Vacancy in the representation of the State in the Senate of the Commonwealth of Australia: consideration of Legislative Assembly’s message of 24 August 2011—Mr Gay.

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PRIVATE MEMBERS’ BUSINESS

ITEMS IN THE ORDER OF PRECEDENCE

1. Firearms Legislation Amendment Bill 2011—resumption of the adjourned debate (9 September 2011) of the question on the motion of Mr Borsak: That this bill be now read a second time—Revd Mr Nile speaking. (18 minutes)

(Item no. 34)

(First postponement 12 May 2011)

3. Local Government Amendment (Local Democracy – Ward Representation Reform) Bill 2011—resumption of the adjourned debate (9 September 2011) of the question on the motion of Mr Shoebridge: That this bill be now read a second time—Ms Fazio speaking. (18 minutes remaining)

(Item no. 47)

(Second postponement (Dr Phelps on behalf of Mr Shoebridge) 8 September 2011)

5. Mr Buckingham to move—

That leave be given to bring in a bill for an Act to impose a moratorium on the granting of exploration licences for, and the production of, coal seam gas; and for other purposes.

(Coal Seam Gas Moratorium Bill)

(Notice given 9 May 2011—item no. 54)

(Second postponement 9 September 2011)

7. Ms Barham to move—

That, under standing order 52, there be laid upon the table of the House within 14 days of the date of passing of this resolution the following documents created since 1 July 2008 in the possession, custody or control of the Minister for Disability Services or the Department of Family and Community Services relating to the Interdepartmental Committee (IDC) on Reform of the Shared Private Residential Services Sector:

(a) all final and draft reports of the IDC,

(b) all minutes of meetings of the IDC,

(c) all briefing papers, discussion papers and draft legislation considered by the IDC,

(d) all briefing papers provided to the NSW Ombudsman on the work and progress of the IDC, and

*

*

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(e) any document which records or refers to the production of documents as a result of this order of the House.

(Notice given 16 June 2011—item no. 127)

(First postponement 9 September 2011)

* Council bill

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ITEMS OUTSIDE THE ORDER OF PRECEDENCE

8. Evidence Amendment (Protection of Journalists’ Sources) Bill 2011—resumption of the adjourned debate (6 May 2011) of the question on the motion of Mr Shoebridge: That this bill be now read a second time (5 calendar days from 6 May 2011)—Ms Fazio. (20 minutes)

9. Revd Mr Nile to move—

That leave be given to bring in a bill for an Act to prohibit the advertising of alcoholic beverages and related trade marks, brand names and logos; and for other purposes.

(Alcoholic Beverages Advertising Prohibition Bill)

(Notice given 4 May 2011)


That leave be given to bring in a bill for an Act to amend the Liquor Act 2007 to raise the minimum drinking age from 18 years to 21 years.

(Liquor Amendment (Drinking Age) Bill)



That leave be given to bring in a bill for an Act to amend the Liquor Act 2007 to require packaged liquor to contain a health warning about the danger of drinking when pregnant.

(Liquor Amendment (Health Warning for Pregnant Women) Bill)



That leave be given to bring in a bill for an Act to prohibit the advertising of gambling and related trade marks, brand names and logos; and for other purposes.

(Gambling Advertising Prohibition Bill)


*

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That leave be given to bring in a bill for an Act to amend the Drug and Alcohol Treatment Act 2007 to further provide for the involuntary rehabilitative care of persons with severe substance dependence; and for other purposes.

(Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with Severe Substance Dependence) Bill)



That leave be given to bring in a bill for an Act to authorise the use of the term State Senate as a reference to the Legislative Council and to authorise the use of the term State Senator as a reference to a member of the Legislative Council.

(State Senate Bill)



That leave be given to bring in a bill for an Act to prohibit the advertising of sex services; and for other purposes.

(Sex Services Advertising Prohibition Bill)



That leave be given to bring in a bill for an Act to provide for the establishment of the Family Impact Commission to study the moral, social and economic effects on the family unit of certain laws and proposed laws and Government expenditure; and for related purposes.

(Family Impact Commission Bill)



That leave be given to bring in a bill for an Act to amend the Summary Offences Act 1988 to prohibit people wearing full-face coverings in public places.

(Summary Offences Amendment (Full-face Coverings Prohibition) Bill)


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That leave be given to bring in a bill for an Act to amend the Adoption Act 2000 to repeal the amendments made by the Adoption Amendment (Same Sex Couples) Act 2010 that enable couples of the same sex to adopt children; and for other purposes.

(Adoption Amendment (Same Sex Couples Repeal) Bill)



That leave be given to bring in a bill for an Act to amend the Crimes Act 1900 to prohibit a person soliciting another for sexual gratification for payment.

(Crimes Amendment (Soliciting Sex for Payment) Bill)



That leave be given to bring in a bill for an Act to amend the Crimes Act 1900 to make it an offence to publish material that incites or promotes terrorism or other violence.

(Crimes Amendment (Incitement or Promotion of Terrorism and Violence) Bill)


44. Dr Kaye to move—

That leave be given to bring in a bill for an Act to prohibit the impoundment of water for irrigation or reticulation, or for commercial, industrial or residential uses, upstream from Seaham Weir on the Williams River without the approval of both Houses of Parliament.

(Tillegra Dam Prohibition Bill)


53. Mr Brown to move—

That leave be given to bring in a bill for an Act to amend the National Park Estate (South-Western Cypress Reservations) Act 2010 to revoke the reservation of certain land as part of the Meroo National Park.

(National Park Estate (South-Western Cypress Reservations) Amendment Bill)


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That leave be given to bring in a bill for an Act to amend the Game and Feral Animal Control Act 2002 to make further provision with respect to the management and regulation of the hunting of game; and for other purposes.

(Game and Feral Animal Control Amendment Bill)



That leave be given to bring in a bill for an Act to extend the terms of reference of the Special Commission of Inquiry into Electricity Transactions to include inquiring into and reporting on the cancellation of the relevant transactions and the restoration of public ownership of NSW electricity retailers.

(Power Industry (Restoration of Public Ownership) Bill)



That leave be given to bring in a bill for an Act to require the public to be notified of the identity and residential address of convicted child sex offenders; and for other purposes.

(Child Protection (Nicole’s Law) Bill)



That leave be given to bring in a bill for an Act to amend the Classification (Publications, Films and Computer Games) Enforcement Act 1995 to prohibit the possession of restricted X rated films.

(Classification (Publications, Films and Computer Games) Enforcement Amendment (Banning Restricted X Rated Films) Bill)



That leave be given to bring in a bill for an Act to require women who are considering terminating a viable pregnancy to undergo counselling and to view an ultrasound of their unborn child.

(Pregnancy Termination (Mandatory Counselling) Bill)


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That leave be given to bring in a bill for an Act to amend the Crimes Act 1900 to prohibit the destruction of any child in utero with a detectable heartbeat.

(Crimes Amendment (Pre-natal Termination) Bill)



That leave be given to bring in a bill for an Act to amend the Crimes Act 1900 to create a new offence relating to the destruction (other than in the course of a medical procedure) of a child in utero.

(Crimes Amendment (Destruction of Child in Utero – Zoe’s Law) Bill)


139. Ms Faehrmann to move—

1. That this House notes the global scientific consensus that the Earth’s climate is changing due to increases in human produced greenhouse gases.

2. That this House calls on the Government to:

(a) reconfirm its commitment to its current long-term greenhouse gas emissions reduction target of 60 per cent below 2000 levels by 2050, and

(b) review this target in response to the Federal Climate Change Commission’s report entitled “The Critical Decade”, published on 23 May 2011.

(Notice given 22 June 2011—expires Notice Paper No. 42)

140. Mr Shoebridge to move—

1. That this House confirms the need for government media strategies, including those of the NSW Police Force, to be based on public interest and public safety, and not political convenience.

2. That General Purpose Standing Committee No. 4 inquire into and report on government media strategies, including:

(a) past and present media strategies,

(b) the use of media by the Government, particularly the NSW Police Force, and

(c) recommendations as to how public interest and public safety can best be served through the use of media by the Government, particularly the NSW Police Force.



That, under standing order 52, there be laid upon the table of the House within 21 days of the date of the passing of this resolution the following documents, in the possession, custody or control of the Premier, the Department of Premier and Cabinet, the Minister for Planning, the Department of Planning and Infrastructure, the Minister for Resources and Energy, the Minister for Trade and

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Investment, the Minister for Regional Infrastructure and Services, the Department of Trade and Investment, Regional Infrastructure and Services, the Minister for Environment and Heritage and the Office of Environment and Heritage:

(a) any document created since 1 June 2009 relating to compliance with regulatory instruments such as legislation, regulation and conditions of licenses, in the operation of coal seam gas exploration activities in Petroleum Exploration Lease 238 or Petroleum Assessment Lease 2, including the findings of any audits and investigations and the details of any penalties imposed,

(b) any document created since 1 March 2010 relating to the Eastern Star Gas Narrabri Coal Seam Gas Project and associated infrastructure projects and facilities, and

(c) any document which records or refers to the production of documents as a result of this order of the House.



That, under standing order 52, there be laid upon the table of the House within 14 days of the date of passing of this resolution the following documents in the possession, custody or control of the Minister for Education, the Minister for Finances and Services, the Department of Education and Communities and the Department of Finances and Services:

(a) any documents including but not limited to draft and final reports relating to review of school-based staff referred to in the Boston Consulting Group’s “Expenditure Review of the Department of Education and Training (DET) – Initial Scan” Draft Final Report, 29 January 2010 (Footnote 1, page 9), and

(b) any document which records or refers to the production of documents as a result of this order of the House.



1. That this House notes that:

(a) Bega Valley Shire Council is currently considering a development application to build a McDonalds in Bega,

(b) obesity costs the New South Wales health system $8 billion a year,

(c) locating a fast food outlet close to sporting fields and a high school is inappropriate and encourages unhealthy eating habits in children and young people,

(d) the site of the proposed McDonalds is unsuitable as it will cause significant traffic congestion for local residents and is in a flood prone location,

(e) the opening of a McDonalds in Bega will cause serious problems for local cafes and restaurants, and

(f) a meeting of local residents opposed the construction of a McDonalds in Bega.

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2. That this House calls on Bega Valley Shire Council to reject the application in the interests of maintaining local business, respecting community development wishes and promoting healthy lifestyle choices.


146. Mr Veitch to move—

1. That this House notes the passing on Thursday 16 June 2011 of Alan Robert Lindsay Gordon, aged 94 years.

2. That this House notes that Mr Gordon:

(a) was a member of the Legislative Assembly from 14 February 1970 until 5 March 1984, and

(b) served the people of New South Wales as a Minister of the Crown in the portfolio areas of Conservation, Water Resources, Lands, Forests, Local Government and Ports and as Acting Minister for Health and Corrective Services.

3. That this House extends its condolences to the family of the late Alan Robert Lindsay Gordon.




(a) Anchor Resources Ltd have conducted scoping studies that indicate a resource of 17,500 tons of antimony have been found at both Wild Cattle Creek, near Nymboida and the Blicks River to the northwest of Dorrigo on the mid north coast of New South Wales,

(b) Anchor Resources Ltd has recently been subject to a majority takeover by the Chinese minerals company China Shandong Jinshunda Ltd which now owns over 90 per cent of the company,

(c) antimony is a mineral resource used for a range of “high-tech” products such as polymers, fire retardants and electronics,

(d) antimony and many of its compounds are toxic and the World Health Organisation has stated that oral consumption can result in “a strong irritating effect on the gastrointestinal mucosa and trigger sustained vomiting ... abdominal cramps, diarrhoea and cardiac toxicity”,

(e) the majority of the municipal water supply for more than 100,000 residents in Coffs Harbour is provided by Shannon Creek Dam which is fed by pipes directly from the Nymboida River,

(f) this project is located within the headwaters of the Nymboida River, which is the highest rainfall catchment in New South Wales,

(g) the high rainfall of the catchment, which sometimes exceeds three metres, means that there is a significant risk that antimony mined in the area could be released and contaminate the water,

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(h) a previous antimony ore processing plant at Urunga Lagoon has been described in the Bellingen Council 2009-10 State of the Environment Report as seriously contaminated and unable to be rehabilitated, and

(i) a 2002 report by the University of New England has shown that antimony from the Hillgrove and Bakers Creek mines which are located in the catchment of the Macleay River to the east of Armidale, have seriously contaminated over twenty kilometres of the headwaters of this river system and this has proved impossible to remediate.

2. That this House recognises that:

(a) the government has a responsibility to protect the community from current and future health risks associated with extractive industries, and

(b) proponent driven applications to determine the exploitation of our mineral resources are not in the best interests of the wider New South Wales community.


(a) prohibit mining activities within the critical catchments which supply water to our communities because of the unacceptable risks this poses to human and ecosystem health, the quality of our water supply and our state’s agricultural capacity, and

(b) engage more extensively with the community in all assessments for extractive industries and take appropriate and precautionary actions, especially in regards to health risks.


148. Mr Lynn to move—

1. That this House supports the celebration of Refugee Week, held from Sunday 19 June to Saturday 25 June 2011, which coincides with World Refugee Day on Monday 20 June 2011.


(a) the theme for Refugee Week in 2011 is “Freedom From Fear”, as it is fear of persecution and fear for their own lives that makes refugees so different from every other migrant coming to Australia,

(b) the aims of Refugee Week are:(i) to educate the Australian public about who refugees are and why they have come

to Australia,(ii) to help people to understand the many challenges refugees face coming to

Australia,(iii) to celebrate the contribution refugees make to our community,(iv) to focus on how the community can provide a safe and welcoming environment

for refugees,(v) for community groups and individuals to do something positive for refugees,

asylum seekers and displaced people, within Australia but also around the world,(vi) for service providers to reflect on whether they are providing the best possible

services to refugees,

(c) Refugee Week is a unique opportunity for us all to experience and celebrate the rich diversity of refugee communities through theatre, music, dance, film and other events which take place all over Australia and highlight the aims of the week,

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(d) a documentary entitled “Go Back to Where You Came From” is being aired from Tuesday 21 to Thursday 23 June 2011 at 8.30pm on SBS One, and is an intense, raw and compelling story of six ordinary Australians who live as refugees and asylum seekers for one month,

(e) a book entitled “Boat People: Personal Stories from the Vietnam Exodus 1975 – 1996” is being launched by Ms Carina Hoang, who herself is a former refugee, and which also features Dai Le, a former refugee and Liberal candidate for Cabramatta at the 2011 State Election, and

(f) the launch of the book authored by Ms Hoang will take place at the State Library of NSW on Tuesday 5 July at 5.30pm.


150. Mr Donnelly to move—


(a) on 3 June 2011 Fair Work Australia’s minimum wage panel increased award minimum wages by 3.4 per cent,

(b) the minimum wage increase applies from 1 July 2011,

(c) the decision affects approximately 1.4 million workers on minimum wages around Australia, and

(d) award-only employees are concentrated in the retail, accommodation and food, administrative and support services, health care and social assistance industries and, between them, these four industries account for 62.5 per cent of all award-only employment.

2. That this House:

(a) acknowledges the fundamental importance of annual wage review increases to hundreds of thousands of New South Wales workers and their families, and

(b) condemns the Coalition Government in the strongest possible terms for deliberately deciding not to make a submission to the Annual Wage Review 2010-11.

(Notice given 2 August 2011—expires Notice Paper No. 44)

151. Mr Lynn to move—

1. That this House notes the tragic death on Monday 4 July 2011 of Sergeant Todd Langley, aged 35 years, a member of the Sydney based 2nd Commando Regiment.


(a) the Commando section commander was leading his team in the thick of battle when he was killed in action,

(b) this was Sergeant Langely’s seventh operational deployment,

(c) Sergeant Langley had been awarded two Commendations for Distinguished Service in 2002 and 2008, and was also awarded a Unit Citation for Gallantry in 2006,

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(d) the Chief of the Defence Force, General David Hurley, said of Sergeant Langley: “Sergeant Langley was a brave and professional soldier, who never took a backward step. He was an exemplary Commando, a warrior and a leader who gave his best and always got the best out of those around him. Despite their grief, his comrades say he will continue to inspire them.”, and

(e) that Sergeant Langley is survived by a loving family, his wife, three daughters, a young son, and also a brother who is a Corporal in the Australian Army.

3. That this House extends its condolences and pays tribute to Sergeant Langley and his family.



That leave be given to bring in a bill for an Act to establish the right of persons who are terminally ill to request assistance from medically qualified persons to voluntarily end their own lives; and for related purposes.

(Rights of the Terminally Ill Bill)

(Notice given 2 August 2011)


That, under standing order 52, there be laid upon the table of the House within 14 days of the date of passing of this resolution the following documents created since December 2010 in the possession, custody or control of the Minister for Planning and Infrastructure or the Department of Planning and Infrastructure regarding redevelopment of land at 461 Captain Cook Drive, Woolooware being the Cronulla Sutherland Leagues Club as a mixed use development:

(a) all documents relating or referring to the issuing of the Director General’s Environmental Assessment Requirements for this development,

(b) all documents relating or referring to, or evidencing, correspondence between the Minister’s Office and the Department of Planning regarding the development,

(c) all documents relating or referring to, or evidencing, the assessment by the Department of the environmentally sensitive nature of the land in this area,

(d) all documents relating or referring to, or evidencing, the assessment of the application by the Department of Planning,

(e) all documents relating or referring to, or evidencing, communications between the Department of Planning and the applicant,

(f) all documents relating to or evidencing the decision made by the Minister to declare the application to be a project under Part 3A, and

(g) any document which records or refers to the production of documents as a result of this order of the House.


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154. Ms Cotsis to move—


(a) 1 August to 7 August is Local Government Week,

(b) in 2011, Local Government Week aims to celebrate the positive services provided by councils, and

(c) councils deliver a huge range of essential services and facilities, including local roads, rubbish collection, libraries, leisure centres, sporting fields, youth and aged services and child care.

2. That this House:

(a) recognises the hard work and professionalism of the more than 50,000 local government employees in delivering essential local services across New South Wales,

(b) congratulates the United Services Union for its hard work in advocating on behalf of local government employees,

(c) notes that the Government’s recent industrial relations changes will cut the real wages of New South Wales public sector employees, and

(d) calls on the Government to give a guarantee that these changes will not lower standards and drag down the wages and conditions of local government workers.

3. That this House:

(a) congratulates the Local Government and Shires Association for organising events during Local Government Week to showcase the work of local councils, and

(b) notes that many local councils are also hosting a range of other events including family fun days, multicultural fairs, photographic competitions, mock council meetings for local students, heritage walks, bush care days and bus tours of council facilities.



1. That this House:

(a) notes that 1 August to 7 August is World Breastfeeding Week,

(b) congratulates the Australian Breastfeeding Association for launching its new Breastfeeding Lounge as part of World Breastfeeding Week,

(c) notes the Breastfeeding Lounge is the first centre of its kind in New South Wales,

(d) notes the Breastfeeding Lounge will provide a refuge where women can breastfeed and access services such as expert advice, education classes and mothers’ groups, and

(e) calls on the Government to consider providing additional financial resources to enable the establishment of Breastfeeding Lounges in other regional and metropolitan areas.

2. That this House:

(a) congratulates the Australian Breastfeeding Association for its work in providing breastfeeding advice and support to mothers across New South Wales,

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(b) notes that the previous Labor Government provided $30,000 annually, as well as an additional $60,000 over the past three years, to the Australian Breastfeeding Association,

(c) notes that during the recent state election campaign, Labor committed to provide increased funding of $800,000 for the Australian Breastfeeding Association,

(d) notes that the Treasurer has said that projects will be off the table as part of the upcoming state budget, and

(e) calls on the Government to maintain funding for the Australian Breastfeeding Association in the upcoming state budget.

3. That this House:

(a) notes the challenges that many new mothers face in re-entering the workforce,

(b) notes that under the Crown Employees (Public Service Conditions of Employment) Award 2009, mothers working in the public service are entitled to paid lactation breaks and access to a suitable private space and a refrigerator to store milk,

(c) notes that the Government’s industrial relations changes will force women in the public service to either sacrifice hard-won conditions like paid lactation breaks and access to facilities or accept a cut in real wages, and

(d) calls on the Government to include paid lactation breaks and access to facilities as a guaranteed condition of employment under the Industrial Relations (Public Sector Conditions of Employment) Regulation 2011.




(a) in 2008 the International Union for the Conservation of Nature listed the dingo as a vulnerable species,

(b) in New South Wales most remaining dingo populations are in the east of the state, in forests between the Great Dividing Range and the coast,

(c) the proportion of pure dingoes has declined from approximately 49 per cent in the 1960s to approximately 17 per cent in the 1980s and is now feared to be nearing extinction,

(d) cross-breeding with domestic dogs represents a significant threat to dingoes as it results in hybridisation and reduces the genetic purity of the species,

(e) the continued aerial baiting of public land area is a threatening process for remnant dingo populations that will increase hybridisation and reduce social cohesion of the pack,

(f) Dr Mike Letnic and others found in 2011 that dingoes function ecologically to reduce the activity or abundance of red foxes and thus are likely to dampen the predatory impacts of foxes,

(g) the dingo is listed as a pest requiring eradication under the Rural Lands Protection Act 1998 and, as a result, the dingo population has been reduced by control efforts by the pastoral industry, and

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(h) dingoes are included in the definition of dog under the Companion Animals Act 1998, which allows dingoes to be kept as pets and facilitates hybridisation as dumped pets breed with other dogs and the hybrids are much more likely to be accepted into wild dingo society in core habitat areas.


(a) remove the status of dingoes as a pest under the Rural Lands Protection Act 1998,

(b) exclude dingoes from the definition of dog under the Companion Animals Act 1998, and

(c) design and implement an effective recovery plan as soon as possible to prevent the extinction of the dingo.


164. Ms Voltz to move—

That this House:

(a) expresses its deepest sympathy to the people of Norway in this time of great tragedy,

(b) condemns the two attacks of 22 July 2011, in which 68 people were killed on Utøya island and eight people were killed in a bomb attack in the executive government quarter in Oslo,

(c) notes that the attack on the political summer camp Utøya Island is the deadliest attack by a single gunman in recorded history, and

(d) condemns all forms of extremism.


166. Mr Moselmane to move—


(a) following an armed robbery, the Commonwealth Bank has taken the decision to close its Belmore Street, Arncliffe branch on 8 August 2011,

(b) the closure of the only branch of any bank in the area of Arncliffe, Turrella, Banksia, Bardwell Park and Wolli Creek will significantly impact on the survival of local businesses who are struggling to make ends meet,

(c) pensioners such as Mrs Joan Coleman, aged 94 and a customer of the bank for the past eight decades, will suffer significant inconvenience and hardship commuting to other branches in the city of Rockdale, and

(d) public meetings, protests, petitions, media campaigns and letters to bank executives all fell on deaf ears.

2. That this House calls on the Commonwealth Bank to review its decision to close Arncliffe Branch and instead ensure that the branch remains open.


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1. That this House:

(a) notes the long-awaited release of High Front Guttering Advisory Committee Report on the review and use of high front guttering in New South Wales, and

(b) records with concern:(i) the large number of non-compliant gutter installations found in display homes,(ii) the inevitable conclusion that new and existing houses and other buildings are at

risk of water penetration from high fronted gutters with non-compliant and inadequate overflow provisions that would fail to cope with the one in 100 year rainfall events.

2. That this House calls on the Minister for Fair Trading to instruct the Office of Fair Trading (OFT) to:

(a) make it mandatory for gutter manufacturers to provide written advice on methods that can be used that meet the Building Code of Australia (BCA) 1:100 year requirement to prevent overflow into the building,

(b) require manufacturers and suppliers of the spring clip system to provide systems and installations that comply with the standards and the overflow requirements,

(c) instruct councils to provide advice on gutter installation on their websites which is consistent with OFT website advice and to ensure that council officers are aware of the requirements for gutter overflow provision,

(d) instruct the Builders Professionals Board to ensure that private certifiers are informed of the gutters overflow requirements and ensure that they enforce them, as it is important to have councils and certifiers on the same page, and

(e) send all license holders a copy of updated OFT advice on gutters.



That, under standing order 52, there be laid upon the table of the House within 7 days of the date of passing of this resolution any document in the possession, custody or control of the Premier or the Minister for Roads and Ports that records or refers to a meeting with the Revd the Honourable Fred Nile MLC on Thursday 28 July 2011, and any document which records or refers to the production of documents as a result of this order of the House.



1. That this House notes:

(a) recent media commentary suggesting that Sydney’s cycleways are in the wrong place, that people are not using them, and that they should be moved or even removed,

(b) that the Sydney central business district cycleway network is not complete, with further connectivity and links to be completed in years to come,

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(c) that the current central business district cycleways are already being very well utilised with cycling numbers in inner Sydney going up 60 per cent during mornings and 48 per cent during evenings from March 2010 to March 2011,

(d) that congestion is set to cost the Sydney economy $8 billion a year by 2020, which is more than any other Australian capital city, and

(e) the community health benefits of cycling with research showing an inverse association between rates of cycling and obesity.


(a) actively support Sydney’s existing cycling infrastructure network, including the central business district cycleways,

(b) work with local government across the state to redesign key roads so that they are more pedestrian and cycle friendly, including the use of more shared spaces, bike boxes, better connectivity of routes, better integration with public transport and end-of-trip facilities such as change rooms, and

(c) review the 2010 Bike Plan for increased investment in cycling infrastructure in New South Wales.



That, under standing order 52, there be laid upon the table of the House within 14 days of the date of passing of this resolution any document created since 1 January 2011 in the possession, custody or control of the Minister for Primary Industries or the Department of Trade and Investment, Regional Infrastructure and Services relating or referring to the Water Sharing Plan for the Tweed River Area Unregulated and Alluvial Water Sources and any document which records or refers to the production of documents as a result of this order of the House.


174. Ms Barham to move—

1. That this House notes the passing on 26 July 2011 of Margaret Olley at the age of 88.

2. That this House notes Margaret Olley is renowned for:

(a) a significant career as an artist spanning over five decades,

(b) her extraordinary discrimination as a collector of art, especially supporting and mentoring emerging Australian artists,

(c) her generosity as an art donor,

(d) tributes to her childhood on a farm out of Kyogle in northern New South Wales, by her support of the Southern Cross University and Lismore regional art gallery, and

(e) her dedication to her painting till the day before her death, when she put the finishing touches on more than two dozen pieces for her forthcoming exhibition.


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That leave be given to bring in a bill for an Act to amend the Drug Misuse and Trafficking Act 1985 to repeal provisions relating to the licensing and operation of the medically supervised injecting centre at Kings Cross.

(Drug Misuse and Trafficking Amendment (Injecting Centre Repeal) Bill)


180. Mr Searle to move—

That, under standing order 52, there be laid upon the table of the House within 14 days of the date of passing of this resolution the following documents created since 1 July 2011, in the possession, custody or control of the Premier, the Department of Premier and Cabinet, the Treasurer, The Treasury, the Minister for Finance and Services, or the Office of State Revenue: (a) any correspondence between ministerial and/or departmental staff relating to The Treasury

report “Evaluation of the impacts of the Commonwealth’s carbon price package announced 10 July 2011”,

(b) any correspondence between ministerial and/or departmental staff relating to the Frontier Economics report entitled “Carbon Price Modelling: Final Report to the NSW Government”, dated August 2011, and




That, under standing order 52, there be laid upon the table of the House within 14 days of the date of passing of this resolution the following documents created since 27 March 2011, in the possession, custody or control of the Premier, the Department of Premier and Cabinet, the Treasurer, The Treasury, the Minister for Finance and Services, or the Office of State Revenue:

(a) all correspondence between ministerial and/or departmental staff relating to the report entitled “Report on Variance between Mid Year (December 2010) and March 2011 Update”, (The Lambert Report),

(b) all correspondence between ministerial staff and former Acting Secretary Michael Lambert relating to this report, and



183. Mr Colless to move—


(a) the Australian Farm Institute has estimated that the Federal Government’s proposed carbon dioxide tax will reduce the average income of dairy farming families by 6.7 per cent,

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(b) the Australian Dairy Industry Council has estimated that the Federal Government’s proposed carbon dioxide tax will cost the average NSW dairy farmer an extra $5,000 to $7,000 per year,

(c) the Australian Dairy Industry Council has called on Climate Change Minister Greg Combet to remove the carbon dioxide tax on electricity used by primary producers and dairy processors,

(d) that the Federal Government has failed to recognise that as a trade exposed industry, dairy processors cannot pass on the costs of a carbon dioxide tax to local consumers or international markets, thereby forcing dairy farming families to wear the full cost of this tax, and

(e) that the Prime Minister’s assurance that Australian families will not be worse off with a carbon dioxide tax does not apply to Australia’s dairy farming families, who face the double whammy of paying the carbon dioxide tax as householders as well;

2. That this House calls on the Federal Government to abandon plans to introduce the carbon dioxide tax as it will severely impact on the profitability of the dairy industry and all other sectors of the rural industry.




(a) on Wednesday 3 August 2011, teenager Madeleine Pulver, a resident of Mosman, was trapped in her family home with a suspected bomb like device attached to her body after she disturbed an intruder, and

(b) the incident initiated a significant police operation to deal with the matter.

2. That this House:

(a) acknowledges and praises the extraordinary bravery of Constable Karen Lowden in particular, who risked her own life to personally comfort and support Madeleine Pulver,

(b) pays tribute to the members of the Bomb Disposal Squad and others who also put their lives on the line to deal with an incident that turned out to be a hoax, and

(c) expresses its sincere appreciation to all members of the NSW Police Force, emergency services, medical and nursing staff and others involved in the incident for the diligence, professionalism and level of care that they provided to Madeleine Pulver and her family.


185. Ms Westwood to move—


(a) 10 September 2011 is International Suicide Prevention Day,

(b) suicide is a leading cause of death globally and in Australia,

(c) there are approximately 2,200 suicide-related deaths per annum in Australia, of which nearly 80 per cent are male,

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(d) suicide is the leading cause of death for adult males aged under 44 years and a notable cause of death in males over 75 years,

(e) suicide is the leading cause of death for women under the age of 34 years, and

(f) suicide and suicidal behaviour costs our nation over $17 billion every year and yet it remains largely hidden.

2. That this House commends Lifeline Australia and Suicide Prevention Australia for:

(a) their commitment to improving our knowledge and understanding of suicide and suicidal behaviour and its human, social and economic costs,

(b) their work with those at risk of suicide and for their advocacy on behalf of the community to federal and state governments to develop and implement suicide prevention strategies, and

(c) their support of those affected by suicide and suicidal behaviour.



That, under standing order 53, an Address be presented to the Governor requesting that Her Excellency may be pleased to cause to be laid upon the table of the House within 14 days of the date of passing of this resolution the following documents created since 27 March 2011, in the possession, custody or control of the Attorney General, the Department of Attorney General and Justice, or the Judicial Commission:

(a) all correspondence relating to the complaints against Magistrate Brian Maloney in the Conduct Division of the Judicial Commission report dated 6 May 2011,

(b) all correspondence relating to the complaints against Magistrate Brian Maloney referred to in the letter from the Judicial Commission to the Attorney General dated 17 June 2011, and



188. Marrickville Council—resumption of the interrupted debate (12 August 2011) of the question on the motion of Ms Sharpe:


(a) Marrickville Council has a proud tradition of supporting day labour for its garbage, recycling and green waste services,

(b) Marrickville Council is currently proposing to tender out its green waste services,

(c) Marrickville Council staff affected by this decision recently held a stop work meeting to protest against proposed tendering out of green waste services and related loss of workers entitlements and job losses,

(d) Marrickville Council staff elected to take industrial action and withdraw their labour for a 24 hour period and, in response to this action, Marrickville Council immediately brought in prearranged contract labour to carry out Council’s resource and waste recovery services, and

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(e) this action to use contracted labour was sanctioned by the Greens Mayor of Marrickville Council.

2. That this House condemns the use of contract labour to undermine the rights of workers.

Upon which Mr Borsak has moved: That the question be amended by omitting paragraph 2 and inserting instead:

“2. That this House condemns Marrickville Council Greens Mayor Fiona Byrne for undermining the rights of workers.

3. That this House calls on the New South Wales Greens to support the rights of workers in all industries throughout the State.”

Upon which Dr Kaye has moved: That the question be amended as follows:

No. 1 Omit paragraph 1 (a) and insert instead:

“(a) Marrickville Council has a proud tradition of supporting day labour for its garbage and recycling services,”.

No. 2 In paragraph 1 (b), insert “the General Manager of” before “Marrickville Council”.

No. 3 In paragraph 1 (b), omit “is currently proposing” and insert instead “proposed”.

No. 4 In paragraph 1 (d), omit all words after “in response to this action,” and insert instead “the General Manager of Marrickville Council immediately brought in long term casual labour”.

No. 5 In paragraph 1 (e), insert “not” before “sanctioned”.

No. 6 Insert at the end:

“3. That this House calls on all parties to condemn the continued existence of the Australian Building and Construction Commission.”—Ms Sharpe speaking in reply.

Debate: Mover in reply—5 minutes


That this House notes that:

(a) the New South Wales Labor Party has a strong and proud history of improving working conditions for men and women living in this state,

(b) this history includes the introduction by the late Honourable Jeff Shaw of the Industrial Relations Act 1996,

(c) until recently amended by the O’Farrell Government, the Industrial Relations Act 1996 included fair protections for workers’ wages and conditions, and

(d) New South Wales Labor is continuing to lead the fight against the O’Farrell Government’s recent amendments to the Act, which will force public sector workers including nurses, teachers and fire-fighters to choose between sacrificing conditions or copping a cut in real wages.


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(a) World Breastfeeding Week was held from 1 August to 7 August 2011,

(b) World Breastfeeding Week is recognised in more than 170 countries as a means of encouraging breastfeeding and improving the health of babies around the world, and

(c) despite its importance, Hansard records suggest that the Minister for Women, the Honourable Pru Goward MP, did not make any parliamentary statements about World Breastfeeding Week.


191. Mr Whan to move—

That this House:

(a) notes that the Phase 1 report into High Speed Rail for the East Coast states that “Acquiring, or otherwise preserving, the corridor in the short-term could reduce future costs by reducing the likelihood of additional tunnels as urban areas grow and preferred corridors become unavailable.”,

(b) that the former Government’s Sydney Canberra corridor strategy included consideration of a future fast train, and

(c) calls on the Government to immediately start the process of identifying and securing the New South Wales section of the corridor for an east coast High Speed Rail route from Brisbane to Melbourne.




(a) the Hon. Robert Borsak recently stated on Thursday 2 June 2011 in this place that:“If the Government is fair dinkum about reducing excess fat in the public service, I would suggest that it look very closely at the Department of Environment, which employs more than 10,000 public servants...” and “If the Government reduced that figure of 10,000 to less than 1,000, not one citizen in New South Wales would notice any difference in service.”,

(b) the actual total number of employees in the former Department of Environment Climate Change and Water as of 30 June 2010 was 4,321, of which 2,076 were located in regional areas,

(c) approximately half of these employees are engaged in front line field, horticultural, operational or ranger categories of work,

(d) the now renamed Office of Environment and Heritage is responsible for almost 7 million hectares of protected land, and

(e) the Office of Environment includes:(i) dedicated teams who are establishing and maintaining protection areas across

New South Wales including national parks and reserves, marine parks and aquatic reserves,

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(ii) rangers who are dedicated to the protection of Aboriginal heritage across New South Wales as well as protecting all cultural and heritage landscapes in New South Wales parks and reserves,

(iii) fisheries officers who have the duty to protect and preserve fish stocks for present and future generations as well as upholding the law in relation to all fisheries legislation, detect and prevent fisheries offences,

(iv) policy officers working towards the formation of strategies to achieve biodiversity goals as laid out in the Government’s Biodiversity Strategy,

(v) a team providing policy and legal advice, guideline development, auditing, enforcement and compliance, science input and reform, conservation assessment and planning, monitoring and reporting to protect native vegetation,

(vi) committed researchers working towards the development and implementation of effective environmental, cultural and natural resource policies, programs and regulation.

2. This House calls on the Government to:

(a) reject the comments of the Hon Robert Borsak,

(b) reaffirm the importance of the Office of Environment and Heritage by ruling out further cuts to its budget, and

(c) write to all employees of the Office of Environment and Heritage to reaffirm the importance of their work.



That, under standing order 52, there be laid upon the table of the House within 28 days of the date of passing of this resolution the following documents created since 10 September 2008 in the possession, custody or control of the Premier, the Department of Premier and Cabinet, the Minister for Resources and Energy, the Department of Trade, Investment and Regional Infrastructure and Services, the Treasurer, The Treasury, the Minister for Planning and Infrastructure and the Department of Planning and Infrastructure:

(a) any document relating to the Cobbora Coal Project that relates or refers to the sale of any New South Wales electricity assets, and



196. Mr Phelps to move—

That this House:

(a) notes that 10 July 2011 was the 100th anniversary of the creation of the Royal Australian Navy,

(b) notes the close and enduring association between the RAN and the people of New South Wales,

(c) supports the retention of the Garden Island naval facility as a vibrant and integral part of the history and future of Sydney Harbour maritime activities, and

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(d) congratulates the officers and sailors, past and present, of the Royal Australian Navy for their magnificent service in times of peace and war over the past 100 years.




(a) Newcastle Port Corporation has submitted a concept plan to the Department of Planning to develop the Port Terminal Facilities at Mayfield,

(b) Newcastle Port Corporation has forecast the 2024 precinct trade at 600,000 Twenty foot Equivalent Unit (TEU) containers and 1,010 million litres of fuel and bulk liquid,

(c) Newcastle Port Corporation only aspires to a modal split of 20 per cent of the 600,000 TEU containers to be handled by rail, and all of the 1,010 millilitres of fuels and bulk liquid are expected to be handled by road by 2024,

(d) 360,052 associated truck movements per year are predicted by 2024, resulting in 148 truck movements per daytime peak hour,

(e) Newcastle City Council passed a motion on the Newcastle Port Development, calling on the Government to publicly release its Master Port plan and to expedite an Integrated Port Planning Strategy for the port that would include proper consideration of the cumulative impacts of all the proposed port redevelopment on nearby residents, strategies to reduce this impact and proper consultation with residents, and

(f) Newcastle City Council has called on the Government to work with the Federal Government to build a Mayfield portside rail line from Sandgate junction to service the former BHP site before any proposed redevelopment occurs.


(a) release the Newcastle Master Port plan to the public before the Port Terminal Facilities Mayfield Concept Plan application is approved,

(b) ensure proper consideration of the cumulative impacts of all proposed port redevelopment on nearby residents,

(c) undertake a commitment to achieve at least 40 per cent modal share of all freight through Newcastle ports by rail by 2024, and

(d) install dust monitors and fine particulates (PM 2.5) in the areas that surround the port and along the truck routes associated with the port and make this monitoring data available to the public.


198. Mr Phelps to move—

That this House:

(a) notes the heroism shown by Ms Gillian Sneddon in coming forward as a whistleblower in the Milton Orkopoulos child sex case,

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(b) congratulates Ms Sneddon for taking her courageous stand in the face of intimidation and potentially massive personal legal expenses,

(c) condemns the bullying, harassment and victimisation of Ms Sneddon by Mr Orkopoulos and staffers in his office, and

(d) congratulates the O’Farrell/Stoner Government for offering to cover the court costs of Ms Sneddon through an ex gratia payment.




(a) opposite the Warwick Farm Racecourse, south of Governor Macquarie Drive, there is a 30 hectare environmental refuge known as Cooper’s Paddock which contains River-Flat Eucalypt Forest on coastal plains which is an endangered ecological community under the Threatened Species Conservation Act 1995,

(b) on this site, the native vegetation remnants act as habitat for vulnerable species such as the Powerful Owl, Varied Sittella, Little Lorikeet, Grey-Headed Flying Fox, Large-Footed Myotis, Eastern Bentwing-Bat, East Coast Freetail Bat, Yellow-Bellied Sheathtail Bat and Black-Chinned Honeyeater,

(c) these threatened species were found at the site in a fauna study this year and recorded in the NSW Atlas of Wildlife from previous field surveys,

(d) the site is mapped as a Biodiversity Core in being both a significant fauna habitat and a vegetated buffer area, or riparian land, under the Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment (GMREP 2),

(e) on 18 October 2010, Liverpool City Council endorsed a proposal by the Australian Jockey Club to amend the Liverpool Local Environmental Plan to rezone Cooper’s Paddock from Private Recreation to Public Recreation and General Industrial, which would have permitted the destruction of this “environmentally sensitive natural area”,

(f) in February 2011, the then Department of Environment, Climate Change and Water (DECCW), now the Office of Environment and Heritage, advised Liverpool City Council that its planning proposal for rezoning the Cooper’s Paddock site was inconsistent with the Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment (GMREP 2),

(g) under the Gateway Determination, the Department of Planning requires that the Council consult with DECCW on zoning boundaries for land south of Governor Macquarie Drive and “where concerns are raised, the boundaries should be amended to protect the significant vegetation community”,

(h) DECCW also declared that the flora and fauna assessment reports were defective and failed to provide the basis to support proposed boundary and zoning changes, and

(i) in May 2011, an Ecological Constraints Report found that “Cooper’s Paddock is of very high ecological value to the region” and concluded that “the rezoning should consider a conservation zone as opposed to a compromising recreation zone”.


(a) refuse the rezoning of land south of Governor Macquarie Drive to General Industrial,

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(b) rezone the site as an environmental conservation zone to provide protection to the habitat of the Powerful Owl and other threatened species, conserve native vegetation and protect the Georges River catchment while allowing for passive recreation by the community, and

(c) implement a vegetation management and habitat protection plan to protect threatened species habitat and enable the restoration of native vegetation.



That, under standing order 52, there be laid upon the table of the House within 14 days of the date of passing of this resolution the following documents created since 26 March 2011 in the possession, custody or control of the Minister for Roads and Ports and the Roads and Traffic Authority, or any agency or department that assumes responsibility for matters relating to speed limits:

(a) all documents relating to increasing the speed limits on the Newell Highway, and



201. Mrs Mitchell to move—


(a) the Foundation for Regional Development hosts the Country and Regional Living Expo annually at Rosehill Gardens Racecourse,

(b) the 2011 event marked eight years of the expo in New South Wales,

(c) the expo provides Sydney residents with information on employment, real estate, education and lifestyle opportunities in regional New South Wales,

(d) the expo allows Sydneysiders to “Walk New South Wales in a Day”, experiencing the tastes, sounds and tempting offers from country and regional businesses, communities and organisations represented at the expo,

(e) over 50 exhibitors participated in the expo at Rosehill Gardens Racecourse between 5 and 7 August 2011, and

(f) over 9,000 people, including many young families, attended the event over the three day period.

2. That this House:

(a) recognises the dedication and initiative of the board and management of the Foundation for Regional Development who organise the expo, particularly the Chief Executive Officer, Peter Bailey and Chairman, Anthony Fox, and

(b) congratulates the O’Farrell/Stoner Government for introducing the $7,000 Regional Relocation Grant, the Jobs Action Plan and Restart NSW, all of which were well received by both exhibitors and visitors at the expo.


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That this House:

(a) congratulates the organisers of the 2011 Country and Regional Living Expo for their work promoting the lifestyles and opportunities in regional New South Wales,

(b) notes that the expo has been supported by the Government since its inception and that in the last funding agreement an increase of twenty per cent in funding was provided as part of a two year contract, and

(c) calls on the O’Farrell Government to continue support for the expo.


203. Mr Mason-Cox to move—


(a) in the early hours of the morning of 14 July 2011, so-called Greenpeace “activists”, more properly described as anarchists, scaled the fence of the Commonwealth Scientific and Industrial Research Organisation (CSIRO) experimental station at Ginninderra in Canberra’s north and destroyed the entire half acre crop of genetically modified wheat being grown there as part Australia’s first outdoor trials,

(b) Greenpeace’s actions amounted to a break, enter and vandalise operation which may amount to a clear breach of the criminal law,

(c) on the morning of 14 July 2011, Shane Rattenbury MLA, a Greens member and Speaker of the Australian Capital Territory Legislative Assembly, in an interview with Canberra ABC radio 666:(i) failed to condemn Greenpeace’s actions,(ii) stated “I’ve certainly been involved in action in the past where Greenpeace has

broken the law and that has been necessary to highlight what we’ve considered at the time to be a greater issue than perhaps a simple trespass”,

(d) on the morning of 5 August 2011, so-called Rising Tide “activists” scaled a 15 metre high coal conveyor belt at Newcastle Port, thereby temporarily shutting down outgoing coal loading operations, and suspended a banner from the coal conveyor which read: “We’re sorry Somalia. Coal = climate change and starvation”, and

(e) on 5 August 2011, Ms Lee Rhiannon, now Greens Senator and formerly a Greens member of the New South Wales Legislative Council, posted on her website the following: “Federal Greens Senator for NSW Lee Rhiannon today congratulated Rising Tide activists who scaled a coal conveyor belt at the Port of Newcastle ...Stopping the expansion of Newcastle Port and NSW’s coal industry is essential if we are to ward off similar human tragedies such as that being felt by Somalians today”.

2. That this House:

(a) condemns in the strongest terms these environmental terrorist-like activities of Greenpeace and Rising Tide, and

(b) calls on the Greens members of the New South Wales Parliament to publically reject the dangerous supportive comments of their colleagues Shane Rattenbury MLA of the Australian Capital Territory and Senator Lee Rhiannon.


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That leave be given to bring in a bill for an Act to amend the Fisheries Management Act 1994 to make further provision with respect to the management and regulation of recreational fishing; to establish a Recreational Fishing Council; and for other purposes.

(Fisheries Management Amendment (Recreational Fishing) Bill)



That leave be given to bring in a bill for an Act to amend the Firearms Act 1996 to delete section 6B from the Act so as to prevent persons without a licence or permit to possess or use a firearm from having access to and the ability to discharge firearms, and for other purposes.

(Firearms Amendment (Gun Safety) Bill)



That General Purpose Standing Committee No.1 inquire into and report on the decisions made under Part 3A of the Environmental Planning and Assessment Act by the Minister for Planning, or by the Director General or other Planning Department official exercised under delegated power from the Minister, in the 6 months prior to 26 March 2011, and in particular:

(a) compliance of the decisions with environmental protections and local government planning guidelines,

(b) the consideration given to, and methods for assessing, submissions from local communities, (c) approval times and decision-making by the Minister in the lead up to the State election,

(d) access to State Government decision-makers by proponents of developments in the lead up to the State election,

(e) whether any regulatory or legislative action is required to reverse any of the decisions made, and

(f) any other related matters.



That leave be given to bring in a bill for an Act to amend the Constitution Act 1902 to provide that Members of Parliament and Ministers may make an oath or affirmation of allegiance to Her Majesty Queen Elizabeth II, Her heirs and successors as an alternative to the current pledge of loyalty to Australia and the people of New South Wales.

(Constitution Amendment (Restoration of Oaths of Allegiance) Bill)


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210. Ms Sharpe to move—


(a) 1 September 2011 is Equal Pay Day,

(b) Equal Pay Day is a day marked every year on the day that it is estimated that women’s average annual earnings are equivalent to men’s earnings on 30 June,

(c) the Australian Bureau of Statistics’ survey of average weekly earnings in May this year showed that, over the year to May, male wages outstripped female wages by 17.5 per cent,

(d) this difference between men and women’s wages is equal to $257.40 per week, and

(e) despite over 40 years of wage cases and court rulings supporting equal pay for women, the gap in 2011 is the biggest gap to be reported since 1982.

2. That this House supports equal pay for women and calls on the Government to take active steps to address wage inequality for women in New South Wales.


212. Ms Ficarra to move—

That this House:

(a) acknowledges the importance of New South Wales Science Week and the engaging program of events that took place from 13 to 21 August 2011 across New South Wales, and

(b) congratulates the dedicated and hard working teams who developed and ran each of the events held in New South Wales during Science Week.




(a) on 9 August 1861 there appeared the following in the Government Gazette:

“Notice is hereby given, that a site has been fixed upon for a Town at the undermentioned place to be called Cootamundry, and that copies of the approved plan have been deposited for public inspection and information, at the Offices of the Surveyor General in Sydney, and the Land Agent at Gundagai, viz:-Cootamundry situated on the road from Wagga Wagga to Yass, on Mutta Muttama Creek, in the County of Harden, Lachlan District, about fifteen miles north-west of Gundagai, and ten miles south-west of Murrimboola.”, and

(b) on the weekend of 13 and 14 August 2011 the township of Cootamundra celebrated its sesqui-centenary.

2. That this House extends its congratulations to the township of Cootamundra on achieving such a significant milestone.


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214. Mr Green to move—

That this House notes:

(a) the death of Horace Young, aged 90, telegraphist for Operation Jaywick in World War II,

(b) that on 26 September 1943, members of Operation Jaywick were responsible for sinking or seriously damaging seven Japanese ships, successfully destroying 40,000 tonnes of Japanese merchant shipping in Singapore Harbour, and

(c) that Operation Jaywick was regarded as the most successful Australian commando raid of World War II.




(a) the Gasnier Foundation was founded by Mark Gasnier and Dr Zoran Becvarovski to fight cancer and rally community support for the first fund raising objective for a Positron Emission Tomography (PET) scanner for St George Hospital,

(b) Gasnier Foundation board members include Mark Gasnier, Dr Zoran Becvarovski, Richard Horton, Paul Signorelli, Anna Cesarano, John Papaspiros, Claudine Gasnier, Professor Terry Diamond and the Honourable Shaoquett Moselmane,

(c) the Gasnier Foundation will hold its inaugural Gala Fund raising Dinner at Doltone House, Darling Island Wharf in Pyrmont on Wednesday 31 August 2011,

(d) amongst the many sporting identities in attendance in support of this project will be Wayne Bennet, Andrew Johns, Billy Dib, Paul Gallen, Ricky Stuart, Geoff Huegill, Michael Ennis, Brad Mackay, together with many other sporting, corporate, medical, political and media representatives,

(e) all funds raised will go towards the purchase of a $3.5 million PET scanner at St George Hospital, as the hospital has been trying to obtain such a scanner for the past ten years without success, and

(f) the PET Scanner at St George Hospital will be the only scanner to exist between Kingsford Smith Airport and Canberra Hospital.

2. That this House congratulates Mark Gasnier, Dr Zoran Becvarovski and all other Gasnier Foundation members for their wonderful initiative, and wishes the Gasnier Foundation every success in this initiative and future endeavors.


216. Protection of the Environment Operations Amendment (Notification of Pollution Incidents) Bill 2011—resumption of the adjourned debate (9 September 2011) of the question on the motion of Ms Faehrmann: That this bill be now read a second time (5 calendar days from 9 September 2011)—Dr Phelps. (20 minutes)

*

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1. That this House notes that the Australian Arab Business Network has embraced young entrepreneurs by:

(a) creating a new category of membership for young businessmen and women,

(b) engaging young people who are job or business ready following their tertiary education graduation, and

(c) promoting recent graduates and young people with exceptional talents under the age of 25.

2. That this House:

(a) congratulates the Australian Arab Business network on this forward-looking initiative, and

(b) wishes all young graduates the best in their future work and business endeavors.




(a) at the Parents and Citizens’ Federation Annual Conference July 2011, the Federation of Parents and Citizens’ Associations of New South Wales presented the Secondary Principal of the Year award to Mr Jihad Dib from Punchbowl Boys High School,

(b) Mr Dib has been the Principal of Punchbowl Boys’ High School for the past five years and a participant in the NSW Police Force’s Community Awareness of Policing Program,

(c) Mr Dib has spent the past nine years working in schools and catering to communities identified as low socio economic in status, and is passionate about ensuring all students have the opportunities to succeed in life, regardless of their economic and cultural background,

(d) Mr Dib is an active participant in the NSW Police Force Community Awareness of Policing Program and continues to work in the wider field of maintaining community harmony and cohesion,

(e) in May 2009, Mr Dib was appointed as a Commissioner to the NSW Community Relations Commission for a Multicultural New South Wales, and

(f) Mr Dib is a vocal supporter of public education and is often called on by government agencies for his input into educational and social issues.

2. That this House congratulates:

(a) Mr Jihad Ali Dib on his award and on his community contribution to the NSW Community Relations Commission, education, policing and community harmony, and

(b) Punchbowl Boys High School for receiving the National Literacy and Numeracy Award and the Director General’s Award.


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(a) Most Rev Bishop Issam John Darwish has been enthroned as the Archbishop of the Greek Catholic Melkite diocese of Zahle and Forzol in Bekaa, Lebanon,

(b) His Grace was born 1945 in Damascus Syria and is the grandson of the late Rev Fr Peter (Boutros) Khoury Darwish,

(c) His Grace was ordained a Deacon at Holy Saviour Monastery, Lebanon in 1971 and in September 1972 he was ordained by Archbishop Saba Youakim into the Sacred Priesthood,

(d) from 1983 until his arrival in Australia in 1993, His Grace founded and built a number of schools, orphanages, centres for peace, associations and cooperatives,

(e) in September 1989, the President of the Republic of Lebanon, His Excellency, The Honourable Elias Harawi, awarded Bishop Darwish with the Gold Medal for Services to Education in Lebanon,

(f) on 2 June 1996, Bishop Issam John was enthroned as Melkite Greek-Catholic Eparch of Australia and in 1997 he established the first Melkite Catholic Centre in Australia,

(g) in 1999, His Holiness, Pope John Paul II granted His Grace the responsibility of the Melkite Catholics in New Zealand,

(h) on 3 April 201l, the Arabic Heritage League awarded his Grace with Gibran Khalil Gibran International Awards for his Services to Interfaith Dialogue, and

(i) in 2003, His Grace founded the Australian Christian Muslim Friendship Society.


(a) His Grace for his elevation as the Archbishop of the Greek Catholic Melkite diocese of Zahle and Forzol in the Bekaa, Lebanon,

(b) the Australian Melkite community for embracing and following the path of Bishop Darwish, and

(c) the Australian Christian Muslim Friendship Society.



1. That this House:

(a) congratulates the Federal Government on its $10 million dollar commitment to immediately start work towards the National Disability Insurance Scheme (NDIS), and

(b) acknowledges the estimated 410,000 people living with disabilities that would receive funding and support through this valuable scheme.

2. That this House calls on the New South Wales Government to:

(a) fully support the scheme and start work immediately with the Federal Government on building the foundations for reform, and

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(b) commit to fully funding the implementation of the NDIS in line with the recommendations of the Productivity Commission Report on the long-term care and support for people with disability entitled “Disability Care and Support”, dated 31 July 2011.




(a) Billy Ali Dib recently won the International Boxing Federation (IBF) Featherweight Championship,

(b) Billy Dib began boxing at the age of 12 and, as an amateur, won 98 of 113 bouts,

(c) Billy Dib has become Australian Champion on three occasions and represented Australia at many international tournaments including World Championships, and

(d) Billy Dib turned professional at the age of 18 and has won the following titles:(i) Australian Super Featherweight Champion,(ii) IBO Asia Pacific Super Featherweight Champion,(iii) IBO Asia Pacific Featherweight Champion,(iv) IBO Super Featherweight Champion,(v) Interim WBC Youth World Featherweight Champion,(vi) IBF Pan Pacific Youth Featherweight Champion.

2. That this House congratulates Billy Ali Dib and his family on Billy’s IBF Featherweight Champion win.




(a) on Wednesday 3 August 2011, the Honourable Shaoquett Moselmane attended the Affinity Intercultural Foundation Iftar Dinner and awards night held in the Strangers Dining Room at the Parliament of New South Wales,

(b) the Affinity Intercultural Foundation was founded in 2001 by a group of young Australian Muslims specifically to promote cultural and religious awareness and understanding across the wider Australian community,

(c) on this Ramadan night, Affinity recognised the efforts of individuals who actively promote intercultural dialogue and the removal of religious prejudice in the Australian community, and

(d) the Affinity Intercultural Foundation presented its annual Australian Affinity Awards at a gathering at the Parliament of New South Wales with over 160 guests in attendance who comprised religious leaders, academics, politicians, educators and various other individuals from differing backgrounds.

2. That this House congratulates Mr Mehmet Saral, Affinity President, the Affinity executive committee and all members and supporters of this organisation for their contribution to peace and harmony and for inter-cultural, inter-faith understanding.


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(a) the Rockdale Musical Society is holding a Gala Opening Night on 9 September 2011,

(b) Rockdale Musical Society is one of Sydney’s oldest musical societies, having produced musical theatre for over 70 years in the Rockdale community, and

(c) Rockdale Musical Society is proud to present the New South Wales Amateur Premiere of Avenue Q, Winner of the Tony Award “Triple Crown” for Best Musical, Best Score and Best Book.

2. That this House congratulates President David Wood and members of the Rockdale Musical Society, and wishes the New South Wales Amateur Premiere of Avenue Q every success.




(a) the Lucy Mentoring Program is a university-based program which aims to encourage the development of women who, given the right opportunities and support, will become our future leaders, and

(b) during the recent election campaign, New South Wales Labor committed to provide an additional $104,000 to expand the program to support young women studying business, law, accounting, engineering, information technology and the sciences.

2. That this House:

(a) calls on the Government to commit to expanding the program, and

(b) calls on the Minister for Women to give a guarantee that funding to the program will not be cut in the upcoming state budget.




(a) the World Rally Championships, Coffs Harbour will be held for the first time from 8 to 11 September 2011 with so called “Super special stages” races running from 6:30 pm to 10:30 pm each day at Coffs Harbour Jetty in the Coffs Coast State Park,

(b) the “Super special stages” of the rally were originally scheduled to be located near the Coffs Harbour airport but were shifted at a very late stage in the planning process to the jetty foreshore,

(c) the decision to change the location was made without community consultation,

(d) the organisers of the event have provided the Coffs Harbour community with little detail about the environmental impact of the event, so far refusing to release their internal environmental review,

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(e) the jetty foreshore is a vulnerable ecological site that includes Muttonbird Island Nature Reserve, home to the only mainland population of wedge-tailed shearwaters, commonly known as mutton birds; and significant areas of littoral rainforest and headland grassland, both endangered ecological communities under the Threatened Species Conservation Act 1995,

(f) volunteers have been undertaking research on the reserve and its mutton bird population for the last 30 years visiting the locality 3 nights a week, and have noticed an 80 per cent decline in bird numbers over the last 15 years,

(g) mutton birds travel thousands of kilometres from South-east Asia, returning from their annual northerly migration each August and, after arriving at the reserve, they establish territories, form pairs, renovate old burrows or dig new ones and commence mating,

(h) the wailing cries of the mutton birds as they search for their mate and settle into a burrow has led to the common name “ghost bird”,

(i) mutton birds use the moon for navigation and generally fly off in the direction of the brightest horizon,

(j) increased lighting around the jetty area and surrounding city can create a false horizon, which disorientates mutton birds, and disorientated birds are often found on the roads within the city limits,

(k) the staging of the rally on three nights during a critical time of the mutton birds’ breeding cycle will have disastrous impacts on a population that is already in decline,

(l) the Muttonbird Island Nature Reserve Plan of Management released in June 2009 lists lighting as a serious threat to the mutton bird population and recommends as a high priority that no fixed lighting be installed in the reserve, and fireworks displays around the harbour are delayed until after 10 pm in summer,

(m) World Rally Championships Coffs Harbour is experiencing difficulties in attracting and maintaining sponsorship, having recently lost two corporate sponsors and currently having no naming rights sponsor, and

(n) only two car manufacturers have chosen to participate in the rally.

2. That this House calls on the Government to immediately negotiate with Rally Australia in order to:

(a) shift the so called “Super special stages” of the event back to the original location next to Coffs Harbour airport or failing that,

(b) hold the so called “Super special stages” of the event during the day rather than the evening so that no additional lighting facilities will be required and the impact on the mutton birds can be minimised, and

(c) not stage any fireworks until after at least 10 pm.




(a) the New South Wales Labor Party has a strong and proud history of improving working conditions for men and women living in this state,

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(b) this includes the introduction by the McKell Labor Government of the Annual Holidays Act 1944,

(c) since 1944, the Annual Holidays Act 1944 has provided New South Wales workers with access to paid annual leave, and

(d) the Annual Holidays Act 1944 has been vital in improving quality of life and supporting families in New South Wales.




(a) at an Iftar dinner celebrating the holy month of Ramadan, Darulfatwa, the Islamic High Council of Australia, honoured Al- Azhari Sharia Course graduates,

(b) Darulfatwa is a high Islamic authority in Australia and was founded to meet the growing needs of the Australian Muslim community,

(c) Darulfatwa aims to bring Australian Muslims together and acts as the leading representative for Muslims in Australia, and

(d) under the umbrella of Darulfatwa exists a number of organisations that include: Al-Amanah Islamic College, Islamic Charity Projects, Muslim Community Radio, The Sufi Society of Australia, Al-Ashraf Muslim Society of Australia, the African Australian Islamic Association, the Muslim Society of Liverpool, the Muslim Women Welfare of Australia, the Lakemba Islamic Association, the Islamic Association of Auburn, the Muslim Youth of Truth, Sydney Eid Festival Inc., El- Eslah Islamic Association, the Australian Arabic Family Association, the Nile Cultural Association, Ahle Sunnat Islamic Centre of Australia, the Multicultural Australian Women’s Association and Blacktown Islamic Association.


(a) Darulfatwa, the High Islamic Council of Australia, for bringing Australian Muslims together and acting as the leading representative for Muslims in Australia, and

(b) all Al–Azhary Sharee’ah Course Graduates for the past 12 years.

3. That this House wishes Darulfatwa and all organisations under its umbrella, and the wider Australian Islamic community, a Ramadan Mubarak and Eid Karim.




(a) in 2012, the Lebanese Muslim Association (LMA) will celebrate 50 years since its founding in 1962,

(b) the Lebanese Muslim Association is a community based, not-for-profit welfare organization,

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(c) the Association’s first achievement was the construction of Imam Ali Mosque, Australia’s largest mosque, in 1972,

(d) LMA’s mission is to develop, advocate and provide support services, develop new programs and expand existing services to help address the needs of the Australian Islamic and wider Australian community, and

(e) amongst a range of objectives, the LMA provides religious and settlement advice, raises awareness of community matters and meets the religious and community needs of the Australian Muslim community.

2. That this House congratulates the Lebanese Muslim Association on reaching a significant landmark of fifty years of community service.




(a) the Honourable Shaoquett Moselmane, together with a great number of federal, state and local government representatives attended Sunday’s India Australia Friendship Fair 2011 at Sydney Olympic Park in Homebush,

(b) the first India Australia Friendship Fair was held in 1994 when United Indian Associations Incorporated was formed and it has grown from 400 patrons to over 14,000 people attending and enjoying a great day out with family and friends, and

(c) the India Australia Friendship Fair not only celebrates Indian Independence Day but also showcases the rich traditions and cultures of India and promotes friendship, closer community and business ties between India and Australia.


(a) the United India Executive Committee 2011-2012 including President Amarinder Bajwa, Vice President John Niven, Secretary Renga Rajan, Treasurer Debasish Chakrabarti, Joint Secretary Prakash Rao, Joint Treasurer Gunjan Tripathi, Public Officer Vijaykumar Halagali and the many volunteers who helped make the day a wonderful India Australia Friendship Fair day, and

(b) all proud members of the United India Association including the Australian Indian Medical Graduates Association, Australian Punjab Business Org., Australian Telugu Samithi Inc., Basava Samithi, Bengali Association of NSW, Gujarati Samaj, Hindu Samaj, Hornsby Senior Citizens’ Association, Indian Sports Club Inc., Marathi Association Sydney Inc., Punjabi Council of Australia, Sydney Kanada Sangha, Sydney Malayalee Association Inc., Sydney Sindhi Association, Sydney Tamil Mangram, Technocrats Association of Australia, Telugu Association Inc. and Then Indian Sanmarga Ikya Sangam.




(a) during the month of September, the Heart Foundation will undertake a Doorknock Appeal to raise funds towards the fight against heart disease,

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(b) heart disease is the number one killer of men and women in Australia,

(c) the Heart Foundation in the past year has invested $13.6 million into cardiovascular research, and

(d) the Heart Foundation hopes to raise $5 million during the Doorknock Appeal to fund critical research and community research projects to improve awareness, prevention and treatment of heart disease.

2. That this House thanks and congratulates:

(a) the National Office Bearers of the Heart Foundation of Australia:(i) National Board - Board of Directors: Associate Professor Peter T Sexton, National

President; Dr Jennifer A Johns, Deputy National President; and Mr Barry J Davies OAM, National Treasurer,

(ii) Directors: Professor Philip E Aylward, Mr Martin Laverty, Mr John R Cowen, Ms Helen J Egan, Mr Derris Gillam, Professor Ian Meredith (CSANZ representative), Dr John O’Shea and Dr Michael Sargent,

(iii) Additional Directors: Professor Garry L Jennings, Chair of the National Cardiovascular Health Advisory Committee; Mr Colin B Taylor, Chair National Finance Advisory Committee; Dr Lyn M Roberts, Chief Executive Officer – National; and Her Excellency Ms Quentin Bryce AC, National Patron,

(b) Office Bearers of the Heart Foundation (NSW): Mr M J Laverty LLM, President; Mr G S Katari BCom, FCA, FAICD, FCIS, AIMM; Mr L J Patton BA, MCom; Ms G Schroder, GAICD; Mr G Selig, BEc; and Mr P Kimbell, CPA, BEc., Company Secretary, and

(c) the 110,000 volunteers who will doorknock across Australia to raise much needed funds.

(Notice given 6 September 2011—expires Notice Paper No. 56)


That this House notes:

(a) the great success of the Broken Hill/Bankstown Sister City Relationship,

(b) that the Broken Hill/Bankstown Sister City Relationship will celebrate its 25th anniversary in September 2011,

(c) that over the life of the Broken Hill/Bankstown Sister City Relationship over 2,500 children participated in the annual sporting and cultural exchange between these two communities,

(d) that through the exchange children from outback New South Wales and urban Sydney developed an understanding and appreciation of each others’ lifestyles and challenges, and

(e) the Broken Hill/Bankstown Sister City Relationship fostered friendship and understanding between two very different New South Wales cities.




(a) depression impacts one in five Australians,

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(b) according to the World Health Organisation depression will be the number one cause of disability by 2030,

(c) Exercise Your Mood Week is being held from 12 to 18 September 2011 to highlight the importance of exercise for maintaining good mental health,

(d) a highlight of this year’s Exercise Your Mood Week is the ‘Walk the Black Dog Pedometer Challenge’, and

(e) The Black Dog Institute has undertaken research that has shown that people who exercise regularly experience fewer symptoms of depression and anxiety.

2. That this House commends those groups and individuals who are taking part in Exercise Your Mood Week that will both highlight this important public health issue and raise much needed funds for further research into mental health.




(a) Thursday 15 September 2011 is R U OK? Day,

(b) R U OK? Day is a national day of action which aims to prevent suicide by encouraging Australians to connect with someone they care about and help stop little problems turning into big ones,

(c) more than 2,100 Australians suicide each year and men are around four times more likely to die by suicide than females, and for each person that dies in this way, another 30 attempt to end their life, and

(d) R U OK? aims to inspire all Australians to help reduce our suicide rate by reaching out and making contact with others.


241. Mr Colless to move—

That this House:

(a) notes that the New South Wales 2011-2012 Budget confirmed that there will be no reduction in the number of Department of Primary Industries staff employed in regional New South Wales,

(b) notes that the Government is investing more than $1 billion in the Department of Primary Industries to deliver important services and programs to rural and regional communities across New South Wales,

(c) condemns Labor’s spokesperson for Primary Industries, the Hon. Steve Whan, and his union mates from the Public Service Association for undertaking a grossly irresponsible scaremongering campaign in the weeks preceding the New South Wales Budget by mischievously claiming that the Government would give a green light to 25 per cent job cuts at the Department of Primary Industries,

(d) notes that Labor’s spokesperson for Primary Industries, the Hon. Steve Whan, incorrectly claimed that up to “one in three staff at a major Department of Primary Industries research facility will be thrown on the scrapheap as the O’Farrell Government prepares to unleash its horror budget”, and

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(e) calls on Mr Whan to apologise to the people of regional New South Wales for his inflammatory and unfounded speculation that caused unnecessary distress across the Department of Primary Industries workforce.




(a) planning approval for the shared walking and cycling path Greenway was granted on 16 February 2011 for construction alongside the Inner West Light Rail Extension,

(b) this approval follows extensive public consultation which included public information sessions, meetings with residents, local council, community groups and a formal exhibition period,

(c) feedback from this consultation shows there is overwhelming community support for the Greenway,

(d) the construction of the light rail extension and Greenway together will be providing some 350 job opportunities, and

(e) the reduction in road congestion, improvement in public health due to increasing physical activity and reduction in noise and air pollution will more than repay the projected $30 million cost over time.


(a) reverse the decision to defer the Greenway, as it is an essential component of the Inner West Light Rail Extension, and

(b) commit to building the Greenway and the Inner West Light Rail Extension by the end of 2012 as originally promised to the community.




(a) next year marks the 40th anniversary of Playgroup NSW Inc.,

(b) Playgroup NSW Inc. is the peak organisation representing playgroups across New South Wales, and

(c) Playgroup NSW Inc. is a not-for-profit organisation that operates to provide communities with access to the highest quality support for early years parenting, play and development.

2. That this House:

(a) acknowledges and congratulates Playgroup NSW Inc. for the outstanding work that it does for children, families and communities throughout New South Wales,

(b) notes that rent is a significant cost that impacts on playgroups either restricting their activities or preventing them from being established in the first place, and

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(c) calls on the Minister for Education, the Honourable Adrian Piccoli MP, to initiate steps that will open up access to schools for use by playgroups, taking into account the needs and requirements of the local school community.



That, under standing order 52, there be laid upon the table of the House within 14 days of the date of passing of this resolution the following documents created since 1 July 2010 in the possession, custody or control of the Minister for Transport, the Minister for Roads and Ports, the Treasurer, the Department of Transport, NSW Treasury or the Roads and Traffic Authority relating to the shared off-road active travel pathway known as the Greenway which is proposed to be built in conjunction with the Inner West Light Rail Extension:

(a) any document that includes projected costings for the Inner West Light Rail Extension and for the Greenway,

(b) any report or advice relating to the construction of the Greenway in conjunction with the Inner West Light Rail Extension,

(c) any correspondence between government agencies and Ministers’ offices that refers to the Greenway, and

(d) any document which records or refers to the production of documents as a result of this order of the House.




(a) Small Business September 2011 is organised by NSW Trade & Investment and is supported by more than 100 partners from business, industry, professional and government organisations that are offering a range of activities tailored for small business owners and operators,

(b) Small Business September 2011 celebrates the important role of small businesses in New South Wales, as well as the vital contribution they make to the state’s economy,

(c) the theme of Small Business September 2011 is “See your business from a new perspective”, and

(d) Small Business September 2011 is a fantastic opportunity for anyone looking for strategies to grow their own business in New South Wales.

2. That this House:

(a) encourages small businesses to take part in the more than 300 events run state-wide with business experts offering tips and advice, and

(b) thanks the sponsors of Small Business September, including:(i) Gold Sponsors: City of Sydney, Netregistry and Magazine Dynamic Business,(ii) Platinum Sponsors: Cumberland Courier Newspapers, Business Telstra, Westpac

Bank.


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(a) Ashton Coal currently produces and exports approximately 3.0 million tonnes per annum of coal from its North East Open Cut mine, only 500 metres to the north of the community of Camberwell,

(b) Ashton Coal currently has a development application before the Minister for Planning to develop its South East Open Cut project that would see mining move to an area immediately adjacent to the Camberwell Village, and increase run of mine production from Aston’s projects in the Camberwell area to 8.6 million tonnes per annum,

(c) Ashton Coal is primarily owned by Yancoal Australia Ltd, a wholly owned subsidiary of Yanzhou Coal Mining Company Limited (Yanzhou) of the People’s Republic of China,

(d) the Ashton Coal Project is adjacent to the Open Cut mines of Glendell, owned by Xstrata; Camberwell, owned by Vale; Lemington, owned by Rio Tinto; Ravensworth, owned by Xstrata; and Narama, owned by Xstrata; and adjacent Underground mines include Glennies Creek, owned by Vale; and Newpac, owned by Xstrata,

(e) in 2010, the New South Wales Labor Government revoked community management of the 120 year old Camberwell Common, providing access and grazing rights to the common to Ashton Coal,

(f) Ashton Coal currently owns all but six of the 55 homes in Camberwell Village,

(g) if allowed to proceed, the South East Open Cut project would likely force out many of the remaining residents of Camberwell,

(h) any impact on Glennies Creek, which is next to the proposed mine, would impact on the Hunter River and the irrigators downstream, such as lucerne-growers at Maitland and vignerons at Pokolbin,

(i) in August 2011, the NSW Department of Planning made a recommendation to the Planning and Assessment Commission that it “believes that the project’s socio-economic benefits sufficiently outweigh its residual costs, and that it is therefore in the public interest and should be approved”, and

(j) the Upper Hunter Strategic Regional Land Use Plan has not yet been developed nor received any input from the Upper Hunter Community.


(a) suspend the assessment process for the Ashton Coal South East Open Cut project until the Upper Hunter Regional Strategic Land Use Plan is completed, and

(b) ensure the Upper Hunter Regional Strategic Land Use Plan adequately protects already severely impacted communities within the region, the Hunter River catchment and the agricultural potential of areas reliant on this catchment.


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248. Ms Fazio to move—

1. This House notes that:

(a) this year, UnitingCare Burnside will honour its one hundred year contribution to the social welfare of underprivileged children, young people and their families through its multifaceted Centenary Campaign,

(b) the vision and purpose of Burnside is “Safe children, strong families, inclusive communities in a just society” and “Working together to transform lives by creating opportunities and building resilience to break the cycle of disadvantage”,

(c) UnitingCare Burnside is an agency of the Uniting Church in Australia and a leading non-government child and family agency based at North Parramatta, Sydney,

(d) over its existence, Burnside has developed into one of the largest and most reputable providers of child and family services in New South Wales and has provided out-of-home care for over 11,000 children,

(e) on 17 June 1911, Burnside opened its first cottage home on Pennant Hills Road, North Parramatta for orphaned children thanks to a very generous donation by prominent businessman Sir James Burns of the Burns Philp Shipping and Importing Company,

(f) although the Burnside Homes for Children ceased operating in the late 1980s, Burnside’s commitment to the care and protection of children and young people has remained central,

(g) today, Burnside works directly with children, young people and families in programs for early intervention, child wellbeing, child protection and out-of-home care,

(h) Burnside works in disadvantaged communities across New South Wales and in 2010 worked with 13,000 families, children and young people,

(i) to celebrate its achievements, Burnside will host a one-year-long campaign during 2011 across New South Wales, promoting three main themes:(i) acknowledging and honouring the past,(ii) showcasing contemporary child welfare practices and Burnside’s role in the New

South Wales context,(iii) creating a vision for the future for children, and

(j) the Uniting Church will also hold a thanksgiving service for Burnside on 16 October 2011.

2. That this House congratulates UnitingCare Burnside on 100 years of service to vulnerable and disadvantaged children and young people.




(a) dogs have historically been restricted from apartment living in Australia,

(b) existing research suggest numerous benefits of pet friendly apartments,

(c) on an individual basis, dog ownership is associated with lower levels of heart disease, lower rates of childhood obesity and higher levels of regular exercise,

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(d) a growing number of apartments are being promoted as dog friendly, including new buildings that have been designed as pet friendly developments and older apartments where the strata laws have been amended to allow dogs,

(e) in many developed countries, dogs residing in apartments is accepted as the norm, and

(f) research is being conducted into this growing phenomenon by the Geography and Urban Studies School at the University of Western Sydney and should be completed by the end of the year.

2. That this House calls on the Government to act on this research and amend strata laws to encourage dog ownership in apartments.



This House notes:

(a) the comments of Senator Concetta Fierravanti-Wells reported in the Sydney Morning Herald on 8 July 2011 that attribute blame for the Coalition’s loss at the 2010 Federal Election to the following Liberal Party identities who served on the New South Wales State Executive: Michael Photios, Trent Zimmerman, Scott Farlow, Hollie Hughes and Kelly Knowles,

(b) that these Liberal identities continue to wield influence in the upper echelons of the Liberal Party in New South Wales,

(c) that the call from this warrior of the Liberal hard-right received a strong backlash inside and outside New South Wales, and

(d) that the rejection of Senator Concetta Fierravanti-Wells’ comments demonstrates her irrelevance within the Liberal Party.



1. This House notes that:

(a) 16 to 22 October 2011 is Anti-Poverty Week 2011, a week when we can all do something about poverty,

(b) Anti-Poverty Week was established in Australia as an expansion of the United Nations’ annual International Anti-Poverty Day on 17 October each year,

(c) the main aims of Anti-Poverty Week are to:(i) strengthen public understanding of the causes and consequences of poverty and

hardship around the world and in Australia,(ii) encourage research, discussion and action to address these problems, including

action by individuals, communities, organisations and governments,

(d) poverty and severe hardship affect more than a million Australians, and

(e) around the world, more than a billion people are desperately poor.

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2. That this House congratulate Jobs Australia and the Australian Red Cross, who are the principal sponsors of Anti-Poverty Week.




(a) the release in August 2011 of the report of the NSW Ombudsman entitled “More than board and lodging: the need for boarding house reform”, and

(b) the call by the Council of Social Service of New South Wales (NCOSS) for action to reform the current regulation of boarding houses.

2. That this House calls on the Government to implement reform in this sector, taking into account the findings of the NSW Ombudsman and the four point plan outlined by NCOSS, which includes:

(a) the introduction of a system of occupancy agreements,

(b) better regulation of boarding houses accommodating more than two people with a disability,

(c) targeted assistance for boarding house operators for essential fire work and to non-government organisation providers to expand the supply of appropriate boarding house beds, and

(d) the expansion of support services and individual advocacy assistance for boarding house residents.




(a) Feros Care was awarded the 2011 Excellence in Ageing Services Award by the International Association of Homes and Services (IAHSA) for the implementation of their Community Care Gateway, a one stop shop to Feros Care’s community services,

(b) IAHSA represents more than 20,000 aged care service providers in over 30 countries worldwide and is regarded as the industry’s peak body, and

(c) Feros Care is a not-for-profit aged care association which services seniors living in Northern New South Wales and which has residential services in Byron Bay and Bangalow, and aged care services in the shires of Tweed, Kyogle, Byron, Lismore, Ballina, Clarence Valley, Richmond Valley, Coffs Harbour, Nambucca Heads, Kempsey, Port Macquarie and Great Lakes.

2. That this House congratulates Feros Care for the quality services they provide to the aged community in Northern New South Wales and for the international recognition that they have received.


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That, under standing order 52, there be laid upon the table of the House within 14 days of the date of passing of this resolution all documents created since 28 November 2010 in the possession, custody or control of Hunter Water Corporation, relating to Tillegra Dam or any other form of augmentation of water supply for the Hunter region, and any document which records or refers to the production of documents as a result of this order of the House.




(a) on Wednesday 8 September 2011, the Pakistan Association of Australia (PAA) held its Eid Milan function at Parliament House with the Minister for Citizenship and Communities in attendance, and

(b) the PAA, based in Parramatta, has existed as a non profit community organisation since 1973, and aims to promote Pakistani culture and to contribute to the general community.

2. That this House:

(a) applauds the PAA for its work in voluntary welfare activities, catering to the needs of children, promoting the image of Pakistan in Australia, encouraging women to play an active role in PAA’s activities and providing Islamic religious education,

(b) wishes the PAA every success in meeting its goal of establishing a Pakistani community centre in New South Wales, and

(c) congratulates the PAA for its successful conduct of its Eid Milan function at Parliament House, including positively bringing together people of diverse backgrounds.



That this House calls on the Government to undertake a review of:

(a) the Motor Accidents Authority licensing of third party insurers,

(b) the Motor Accidents Authority oversight of compulsory third party insurance premiums, and

(c) appropriate powers in the Motor Accidents Authority in relation to recovery of excessive past premiums.


257. Mr Clarke to move—

That this House:

(a) notes with concern the anti-Israel Boycott, Divestment and Sanction (BDS) Campaign against legitimate businesses operating in Australia which provide jobs to hundreds of Australians,

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(b) calls on all members to condemn the targeting of Max Brenner Chocolate Cafes by anti-Israel protestors,

(c) notes that some of the rhetoric used by proponents of the BDS campaign has descended into anti-Semitism, and

(d) condemns anti-Semitism in all its forms.




(a) the O’Farrell Government has sacked 11 out of 33 research staff at Forests NSW’s research facility at West Pennant Hills,

(b) among the skills being lost to the people of New South Wales from this important primary industries research facility are the Government’s only bat ecologist and the only Government scientist working on the spread of cane toads in New South Wales, and

(c) other research being carried out at this facility also included vital work on threatened species of glider, pygmy possums and owls.

2. That this House condemns the Government for sacking one in three workers at this important primary industries research facility, a move that will have a long term cost to New South Wales including potentially harming efforts to fight Hendra virus and stop the spread of cane toads.




(a) on 8 September 2011, the Father Atanasio Gonnello Charitable Fund Inc. was officially launched by the Minister for Citizenship and Communities, the Hon Victor Dominello MP and Chairperson of the charity, Mr Felice Montrone, with over 400 people in attendance at Le Montage Events Centre,

(b) the objectives of the charity are to work with and assist people in need whilst respecting their dignity, sharing hope and encouraging them to take control of their own future, to promote informed discussion on the plight of those in need and advocate for improved services and facilities, and

(c) Father Atanasio Gonelli has been a spiritual leader in Australia since his arrival in Sydney in 1949 and was presented on the night with a Papal certificate through the Apostolic Nunzio in Australia, commending his 61 years of service, and a congratulatory letter from His Eminence, Cardinal George Pell.

2. That this House acknowledges:

(a) the outstanding contribution to Australian society of Father Gonnello at St Fiacre’s Church where he has served as Chaplain for 61 years, and particularly his care for Italian migrants, work to find migrants housing and employment, support for patients in hospital and attendance to the Australian Italian community’s spiritual needs,

(b) the work of:(i) President, Felice Montrone,

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(ii) Vice President, Rosa Peronace,(iii) Secretary, Bruno Buttini,(iv) Treasurer, Gianni Carelli,(v) Foundation patron, Giuseppe Fin,(vi) board members Peter Ciani, Filippo Navarra, Michele Salamone, Susi Schio,

Armando Tornari, Nat Zanardo, John Williams,

(c) those that attended and supported the launch, particularly: (i) Father Gary Devery, Provincial Minister, Capuchin Friars,(ii) Father Anthony Freeman,(iii) Padre Dino Fragiacomo,(iv) Padre Antonio Fregolent,(v) the Hon Victor Dominello MP, Minister for Citizenship and Communities, and

Minister for Aboriginal Affairs,(vi) the Hon Marie Ficarra MLC, Parliamentary Secretary to the Premier,(vii) Mr Charles Casuscelli, Member for Strathfield,(viii) the Hon Amanda Fazio MLC, Opposition Whip,(ix) Mr John Sidoti MP, Member for Drummoyne,(x) Mr Guy Zangari MP, Member for Fairfield,(xi) Mrs Franca Arena AM, former Member of the NSW Legislative Council,(xii) Councillor Michelle McKenzie, Deputy Mayor, Leichhardt Council,(xiii) Councillor Tony Costantino, Leichhardt Council,(xiv) Councillor Daniel Kogoy, Leichhardt Council,(xv) Dott. Sergio Martes, Consul General for Italy,(xvi) Dott. Barbara Schiavo, Vice Consul for Italy,(xvii) Dott. Mara Longo, Education Attache, Italian Consulate,(xviii) Cav Pino Muso, President of COMITES,(xix) Mr Lorenzo Fazzini, President Co.As.It,

(d) the Navarra Group and Le Montage for hosting the launch, and

(e) the $123,000 which was raised from generous members of the public and a contribution of the Government.




(a) on 9 September 2011, the Multicultural Communities Council of Illawarra (MCCI) held its 35th Anniversary Celebration at their Head Office in Wollongong, New South Wales, and

(b) the Multicultural Communities Council of Illawarra actively encourages and supports culturally and linguistically diverse (CALD) communities in its region.

2. That this House acknowledges:

(a) the outstanding work of MCCI and the community based projects they deliver in the Illawarra for aged services, the arts and youth,

(b) the work of Mr Ken Habak OAM in bringing the 35th anniversary celebration to fruition,

(c) those that attended including:(i) Mr Pino Migliorino, Chair, Federation Ethnic Communities Council of Australia,(ii) the Honourable Victor Dominello MP, Minister for Citizenship and Communities

and Minister for Aboriginal Affairs,(iii) Mr Ryan Park MP, Member for Keira,

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(iv) Mr Ken Habak OAM, Multicultural Communities Council of Illawarra Chairperson,

(v) Mr George Bartolo, Senior Vice Chair (MCCI),(vi) Mr John Papakosmas, Vice Chair (MCCI),(vii) Dr Husayn Aly, Treasurer (MCCI),(viii) Mr Lazo Gorgiev, Assistant Treasurer (MCCI),(ix) Ms Helen Sara, Secretary (MCCI),(x) Ms Sabine Hauth, Assistant Secretary (MCCI), and

(d) the MCCI for hosting the 35th anniversary celebration.




(a) the impending completion of the renal dialysis facility on the Queanbeyan hospital site in Queanbeyan,

(b) that for many Queanbeyan and region residents, this facility will save a trip to Canberra for regular renal services and will take some load off the often crowded Canberra facility, and

(c) that this facility, which was funded and constructed by the former Labor Government, has become necessary because of increasing problem of kidney failure in our community.

2. That this House calls on the Government to continue the Labor Government’s commitment to regional renal facilities and education in the community about the lifestyle risk factors that may lead in the long term to kidney failure.




(a) since 2003 public secondary education in Dubbo has been organised into a college model in which the Delroy and South campuses each offer years 7 to 9, and the Senior campus offer years 10 to 12,

(b) the previous Government commissioned the Kennedy Report which extensively consulted with teachers and the community over the operation of the existing structure of secondary education in Dubbo and models for its future,

(c) page 49 of the report released in June 2010 found that “Any amended junior/senior campus model (such as the returning of Year 10 to the junior campuses) will not resolve the divisive issues at the centre of this dispute”,

(d) in October 2010, the previous Government announced the creation of one stand-alone Year 7 to 12 comprehensive high school at the Dubbo South Campus,

(e) while welcoming the restoration of at least one option for comprehensive public high school education in Dubbo, many teachers and parents were disappointed that the problems associated with the collegiate model had not been fully resolved,

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(f) in June 2011, Minister for Education, the Honourable Adrian Piccoli MP, announced his decision to reverse the previous Government’s model and retain the Dubbo College model, with the exception of the transfer of Year 10 from the senior campus to the South and Delroy campuses,

(g) the overwhelming majority of parents, teachers and students were bitterly disappointed with the O’Farrell Government’s decision,

(h) despite the hard work of staff and students and the support of parents, the College structure has not achieved the success that the former three public high schools model had done,

(i) enrolments in public education in Dubbo continue to fall while the Anglican, Catholic and Christian schools continue to grow, and

(j) the Minister for Education has publicly stated a desire to extend the implementation of this model to other regional centres around New South Wales.

2. That this House:

(a) condemns the Minister for Education’s decision to ignore the wishes of the Dubbo community and the advice of educational experts, and

(b) calls on the Minister for Education to listen to teachers, parents and students in Dubbo and immediately announce the abolition of the college model and the creation of three Year 7 to 12 comprehensive public high schools.


263. Mr Ajaka to move—

1. That this House congratulates Wayne Bennett, football coach of the St George-Illawarra Dragons, on his contribution to the success of the St George-Illawarra Dragons over the past three years, as well as the Rugby League code.


(a) that Mr Bennett was appointed as coach to the St George-Illawarra Dragons in 2009,

(b) that Mr Bennett previously coached the teams of Ipswich, Souths Logan Magpies, Past Brothers Rugby League Football Club, the Canberra Raiders and the Brisbane Broncos, and

(c) Mr Bennett’s contribution to the National Rugby League throughout his 35 year career as a coach.

3. That this House notes that, among his many achievements, Wayne Bennett:

(a) is a seven-time premiership winner, including two back-to-back premiership wins,

(b) was awarded the Medal of the Order of Australia “in recognition of service to the sport of Rugby League, particularly as coach of the Brisbane Broncos” in 1994,

(c) was named Super League Coach of the Year in 1997,

(d) coached the Kangaroos in 1998, leading them to an undefeated two test matches,

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(e) was awarded the Australian Sports Medal for “significant contribution to the development of sport” in 2000,

(f) was named National Rugby League Coach of the Year in 2000,

(g) was the Queensland State of Origin Coach during 1986-1988, 1998 and 2001-2003,

(h) was an advocate and coach for Australia in the Tri-Nations series during 1988 and 2004 to 2005,

(i) became the second person to coach 500 premiership games in 2006,

(j) was named Queensland’s Sports Coach of the Year and made a life member of the Broncos club in 2007,

(k) coached the All Golds in 2007,

(l) began coaching the St George Illawarra Dragons in 2009, and

(m) led the St George Illawarra Dragons to win their first premiership in 2010, defeat the defending champions in the 2011 World Club Challenge and achieve fifth place on the National Rugby League ladder.


(a) in 1998, Wayne Bennett was awarded the Queensland Father of the Year award for his role as father to his two children with disabilities,

(b) in 2002, Mr Bennett published a memoir called Don’t Die with the Music in You,

(c) in 2008, Mr Bennet published the book The Man in the Mirror, and

(d) Mr Bennett was also a weekly column writer for The Australian.


(a) Wayne Bennett’s unique coaching style and, in particular, the culture he has created at the Dragons, and

(b) that Mr Bennett leads by example, regularly taking part in training; is known for recognising the strengths in his players, constantly highlighting them, yet holding them accountable for their actions; and is regularly considered a father figure and friend to his players.


(a) Wayne Bennett for his many achievements and contributions to the National Rugby League and, in particular, to the St George-Illawarra Dragons, and

(b) Peter Doust and the Board of Directors of the St George Illawarra Dragons on their judgement and success in securing the appointment of Wayne Bennett as Head Coach for the three year period of 2009 to 2011.


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(a) ten years ago, on 12 September 2001, the airline Ansett went into voluntary administration,

(b) two days later, the administrator determined that Ansett was not viable to continue operations and grounded the fleets of Ansett and its subsidiaries,

(c) following the collapse, more than 15,000 Ansett employees lost their job, making this the largest mass job loss event in Australian history,

(d) this had a devastating effect on thousands of families, who overnight faced unemployment and financial uncertainty,

(e) the emotional and financial toil was so great for many former Ansett employees that many encountered depression, family breakdown, and sadly, some even took their own lives,

(f) the impact of these job losses was felt right around Australia, including in many rural and regional areas, and

(g) on 2 September 2011, a decade after the collapse, Ansett employees finally received their last payment of $758 million in lost employee entitlements.

2. That this House recognises the hard work of those employee representatives, including officials from the Transport Workers Union, Australian Services Union, the Australian Workers Union, the Liquor, Hospitality and Miscellaneous Workers Union, and the Australian Council of Trade Unions, who stuck by Ansett employees and kept up the campaign to help them win back more than ninety-five per cent of their entitlements.




(a) the recent 33 Postcards production is the first official co-production, with the support of Screen NSW between New South Wales and China,

(b) 33 Postcards will have the largest cinema release for an Australian film in China,

(c) Screen NSW invested $200,000 in the production of 33 Postcards, which was filmed on location in Sydney and at the Hengdian World Studios, China,

(d) the film was awarded the Sydney Film Festival Community Relations Commission Award for best reflecting multicultural experience in Australia,

(e) New South Wales boasts the strongest creative workforce and most extensive screen infrastructure in Australia,

(f) New South Wales is the dominant state for screen production in Australia with more that 60 per cent of national activity in the sector generated within New South Wales,

(g) over two thirds of Australia’s post, digital and visual effects companies are based in New South Wales,

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(h) 1,400 film and television related businesses are located in New South Wales, employing close to 7,000 people and generating income of around $1.3 billion a year, and

(i) in the last year, Screen NSW has approved investments of $9.6 million across 48 film, television and cross-platform productions.


(a) the Government’s Screen NSW for its outstanding work in promoting New South Wales across the world and fostering the film and television industry,

(b) the film’s Director, Pauline Chan and Producers Portal Pictures and Zhejiang Hengdian Film Productions, in association with IFS Capital Ltd and Screen NSW,

(c) the film’s stars, Guy Pearce, Zhu Lin, Claudia Karvan, Elaine Jin and Lincoln Lewis, and

(d) Zhu Lin who received the Shanghai International Film Festival Asian New Talent Award for her debut performance in 33 Postcards.



That this House:

(a) congratulates the Federal Member for Eden Monaro, the Honourable Dr Mike Kelly AM MP, on the Building the Education Revolution projects which have been recently opened in the Monaro electorate, which have provided valuable new facilities including an expanded hall at Jerrabomberra School, a new hall at Queanbeyan South, class rooms at Bungendore and many other projects, and

(b) congratulates the school communities in Monaro for their positive work in improving their schools.


267. Ms Voltz to move—


(a) in the 2010/11 Budget, the Labor Government allocated $6 million to Parramatta Council to upgrade the Granville Station commuter car park to cope with high demand for parking by local residents at this major transport interchange, particularly those travelling to work every day,

(b) as a Councillor on Parramatta City Council, Mr Tony Issa MP, state Member for Granville, voted to not accept the money allocated by the Government for the upgrade of the car park,

(c) as a candidate in the 2011 election campaign, Mr Tony Issa MP promised to deliver funding for the Granville Station commuter car park, and

(d) the 2011/12 O’Farrell/Baird Budget fails to deliver any funding for the Granville Station car park.

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2. That this House condemns the Member for Granville and the O’Farrell Government for their broken promises to the residents of Granville.


* Council bill

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BUSINESS FOR FUTURE CONSIDERATION

FRIDAY 16 SEPTEMBER 2011



6. Education Amendment (Ethics Classes Repeal) Bill 2011—resumption of the adjourned debate (5 August 2011) of the question on the motion of Revd Mr Nile: That this bill be now read a second time—Mr Green. (20 minutes)

(Item no. 3)

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MONDAY 26 SEPTEMBER 2011



2. Truth in Labelling (Free-range Eggs) Bill 2011—resumption of the adjourned debate (26 August 2011) of the question on the motion of Dr Kaye: That this bill be now read a second time—Ms Fazio. (20 minutes)

(Item no. 21)

(Second postponement 17 June 2011)

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FRIDAY 14 OCTOBER 2011



4. Threatened Species Conservation Amendment (Ecological Consultants Accreditation Scheme) Bill 2011—resumption of the interrupted debate (5 August 2011) of the question on the motion of Ms Faehrmann: That this bill be now read a second time—Ms Faehrmann speaking. (10 minutes remaining)

(Item no. 35)

(First postponement 11 August 2011)

* Council bill

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CONTINGENT NOTICES OF MOTIONS

Note: Contingent notices of motion are listed in full on the Notice Paper for the first sitting day of each week. On other days only new contingent notices will be published in the Notice Paper.

Lynn LovelockClerk of the Parliaments

Authorised by the Parliament of New South Wales

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Documents

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