minutes 67 - 7 march 2012s.docx - parliament of nsw · web viewthe president reported the...

759

LEGISLATIVE COUNCIL

MINUTES OF PROCEEDINGS

No. 67

WEDNESDAY 7 MARCH 2012

Contents

1 Meeting of the House.................................................................................................................................7602 Message from the Legislative Assembly—Mining Legislation Amendment (Uranium Exploration)

Bill 2012.....................................................................................................................................................7603 Indian Herald (Formal Business)...............................................................................................................7604 St George Lebanese Joint Committee (Formal Business).........................................................................7615 Bhavan Australia (Formal Business).........................................................................................................7616 Mr Hassan Ghanem (Formal Business).....................................................................................................7627 Order for Papers—WorkCover Prosecutions (Formal Business)..............................................................7628 International Women’s Day (Formal Business).........................................................................................7639 NRL domestic violence initiative (Formal Business)................................................................................76310 Father Atanasio Gonelli (Formal Business)...............................................................................................76411 2012 Alan McGilvray Scholarship (Formal Business)..............................................................................76512 Paper—Tabled by Minister........................................................................................................................76613 Notices of Motions.....................................................................................................................................76614 Disallowance of Statutory Rule—Gaming Machines Amendment (LIA Exemption for Certain

Clubs) Regulation 2012.............................................................................................................................76615 Suspension of Standing and Sessional Orders—Order for Papers—Star Casino......................................76716 Order for Papers—Star Casino..................................................................................................................76717 Message from the Legislative Assembly—Marine Pollution Bill 2011....................................................76818 Unproclaimed Legislation..........................................................................................................................76819 Questions....................................................................................................................................................76820 Ministerial Statement.................................................................................................................................76921 Privileges Committee—Citizen’s Right of Reply (Mrs Julie Passas)........................................................76922 Mental Health Commission Bill 2011.......................................................................................................76923 Messages from the Legislative Assembly..................................................................................................770

(1) Births, Deaths and Marriages Registration Amendment (Change of Name) Bill 2012.................770(2) Criminal Case Conferencing Trial Repeal Bill 2011......................................................................770

24 Crimes Amendment (Consorting and Organised Crime) Bill 2012...........................................................77025 Adjournment..............................................................................................................................................77126 Attendance.................................................................................................................................................772

760Legislative Council Minutes No. 67—Wednesday 7 March 2012

1 MEETING OF THE HOUSE

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

2 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—MINING LEGISLATION

AMENDMENT (URANIUM EXPLORATION) BILL 2012

The President reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Mining Act 1992, the Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986 and other Acts and instruments with respect to prospecting for uranium and the ownership of uranium; and for other purposes” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK6 March 2012 Speaker

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

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

Question put and passed.

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

3 INDIAN HERALD (Formal Business)

Mr Moselmane moved, according to notice:

1. That this House notes that:

(a) the Indian Herald was launched on 15 February 2012 in the Parkes Room of the Parliament of New South Wales,

(b) present at the launch were the Honourable Linda Burney MP, Deputy Leader of the Opposition; the Honourable Victor Dominello MP, Minister for Citizenship and Communities; the Honourable Shaoquett Moselmane MLC and a number of other members of Parliament, together with the Consul General of India, His Excellency Mr Amit Dasgupta and a number of representatives of Australian Indian community groups,

(c) the Sydney-based monthly magazine the Indian Herald was founded by Mr Rohit Revo, Editor, and is supported by other young professionals, and

(d) the Indian Herald covers Australian Indian community news as well as news regarding India and Australia.

2. That this House congratulates the Editor of the Indian Herald, Mr Rohit Revo, and all involved with the publication, and wishes them every success in their future endeavours.



4 ST GEORGE LEBANESE JOINT COMMITTEE (Formal Business)



(a) the St George Lebanese Joint Committee was established in 1989 to assist newly arrived Arabic speaking Australians with their settlement needs,

(b) the St George Lebanese Joint Committee is an umbrella organisation, consisting of seven different community organisations representing a significant section of the Arabic-speaking community in the St George region,

(c) the St George Lebanese Joint Committee is a social, welfare and cultural organisation, committed to the youth, women, family, elderly and new arrivals,

(d) the St George Lebanese Joint Committee endeavours to assist the Arabic speaking community living within the region by providing direct services, referral and advice on a wide range of issues and services, such as providing information on immigration, health, housing, education and training and helping new arrivals with their settlement needs, and

(e) the St George Lebanese Joint Committee also aims to promote inter-community relations and partnerships with governments, government departments and non-government organisations.

2. That this House congratulates the St George Lebanese Joint Committee, executive and membership on their community service for the past two decades and wishes them all the best in their future endeavours.


5 BHAVAN AUSTRALIA (Formal Business)



(a) Bhavan Australia held its Interfaith Meeting for 2012 at the Parliament of New South Wales to remember Mahatma Ghandi on his 64th Martyrdom Anniversary,

(b) on the evening of 30 January 1948, Mahatama Ghandi met his death after he was shot three times in the chest,

(c) in the presence of the Consul General of India, His Excellency Mr. Amit Dasgupta, many distinguished members of Parliament and community representatives, the President of Bhavan Australia, Mr Gambhir Watts, asked all to remember Mahatma Ghandi on his 64th Martyrdom Anniversary,

(d) Mahatma Ghandi was an extraordinary man, a man considered by millions to be the father of India and a symbol of hope and peace, and

(e) Mahatma Ghandi's philosophy of non-violent resistance and peace between faiths remains relevant to millions in this 21st century world.


2. That this House congratulates the President of Bhavan Australia, Mr Gambhir Watts, and all Indian Australians on the occasion of the remembrance of Mahatma Ghandi's 64th Martyrdom Anniversary.


6 MR HASSAN GHANEM (Formal Business)



(a) Mr Hassan Ghanem passed away in Sydney on Wednesday 15 February 2012 at the age of 82 after a battle with cancer,

(b) Mr Ghanem has left behind his 80 year old wife, Mrs Wadad Ghanem, his two children Anis Ghanem and Samir Ghanem, and five grand children, all of whom are high academic and professional achievers,

(c) Mr and Mrs Ghanem migrated to Australia in December of 1987 to join their children and live in Australia,

(d) Mr Ghanem worked as a tile maker and his son, Mr Anis Ghanem, describes him as an honest individual, a tireless worker and a dedicated family man loved and respected by all,

(e) Mr Anis Ghanem, Mr Ghanem's eldest son, served as the Honorary Secretary to the Melkite Catholic Eparchy of Australia and New Zealand and worked closely with His Grace Archbishop Darwich,

(f) Mr Anis Ghanem, now an Arabic interpreter in the Supreme Court of New South Wales and the High Court of Australia, is a former Editor in Chief of the Sydney based El -Telegraph newspaper and was a broadcaster and journalist for SBS Arabic radio, and

(g) prior to his arrival in Sydney from Lebanon in 1984, Mr Anis Ghanem was appointed as media advisor to the Speaker of the Lebanese National Assembly, worked as Editor for two Lebanese daily news papers, Anwar and Alsafir, and was Chief Political Correspondent to these papers in the Lebanese National Parliament.

2. That this House express its condolences to Anis, Samir and the Ghanem family on the passing of Mr Hassan Ghanem.


7 ORDER FOR PAPERS—WORKCOVER PROSECUTIONS (Formal Business)

Mr Shoebridge moved, according to notice: 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 created since 1 January 2011 in the possession, custody or control of the Minister for Finance, the Department of Finance and Services or the WorkCover Authority referring to any directive or memorandum to and or from WorkCover in relation to a review or audit of WorkCover prosecutions and any document which records or refers to the production of documents as a result of this order of the House.



8 INTERNATIONAL WOMEN’S DAY (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House acknowledges that:

(a) on Thursday 8 March 2012, UN Women Australia will celebrate International Women's Day,

(b) although women have made significant strides toward greater social and economic equality throughout the world, 70 per cent of the world's poor are women,

(c) this year's theme for International Women's Day is economic empowerment,

(d) economic empowerment means increasing women's access to quality education, employment and land ownership that can lead to greater gender inclusion, sustainable economic wealth, and lasting prosperity,

(e) female market vendors in the Pacific are some of the most marginalised groups in society, working in unsafe and unsanitary conditions,

(f) women comprise 85 per cent of all market vendors, of which 75 per cent travel from rural areas to sell their merchandise,

(g) many women will also return home after a weekend in a marketplace without enough money to feed their family,

(h) a 2012 study conducted by the World Bank shows that eliminating barriers that discriminate against women has the potential to increase a country's productivity by 25 per cent, in addition to enhancing economic efficiency and improving developmental outcomes, and

(i) UN Women Australia is working with female market vendors, market operators, and local government to improve marketplace conditions, provide education, and advocate for the rights and safety of women.

2. That this House recognises the fine work undertaken by UN Women Australia in promoting the advancement of women, and thanks them for its commitment to women's rights and the betterment of our society.


9 NRL DOMESTIC VIOLENCE INITIATIVE (Formal Business)



(a) on 26 February 2012, the Honourable Graham Annesley MP, Minister for Sport and Recreation, announced a new partnership with the National Rugby League (NRL) to eliminate domestic violence against women,

(b) the campaign against domestic violence will be supported through an informative DVD entitled 'Change Your Ways' featuring various prominent sports stars, including Gorden Tallis and Clint Newton,


(c) this production aims to build on the previous successes of the Government's 'Tackling Violence' program, which utilised regional rugby league clubs to provide domestic violence education and training to club players, of which approximately 750 signed a pledge to refrain from domestic violence,

(d) the NRL will continue to work closely with the Office of Communities to develop a training program that includes this DVD to be distributed to over 1,300 clubs across the country for their own personalised training program, and

(e) domestic violence is a serious epidemic in Australian society that threatens our family culture and way of life.

2. That this House notes that, according to a 2003 study by the Australian Domestic and Family Violence Clearinghouse:

(a) 23 per cent of women who had ever been married or in a long term relationship experienced violence by a partner at some time during the relationship,

(b) 42 per cent of women who had been in a previous relationship reported violence by a previous partner,

(c) half of women experiencing violence by their current partner experienced more than one incident of violence,

(d) 12 per cent of women who reported violence by their current partner at some stage during the relationship said they were currently living in fear,

(e) women who experienced physical or sexual violence by a partner were increasingly more likely to experience emotional abuse such as manipulation, isolation or intimidation than those who had not experienced violence,

(f) 35 per cent of women experienced violence from their partner during periods of separation, and

(g) younger women are at a greater risk than older women, with 7.3 per cent of women aged 18 to 24 years having experienced one or more incidents of violence from a current partner in the previous 12 month period, compared to 1.2 per cent of women aged 55 and over.

3. That this House congratulates:

(a) the NRL, particularly Chief Executive Officer David Gallop for his leadership in working to bring more attention to domestic violence against women,

(b) the Honourable Graham Annesley MP, Minister for Sport and Recreation, for his commitment to fostering positive community relations with the sports leaders of New South Wales, and

(c) Gorden Tallis and Clint Newton for their roles as NRL ambassadors and their community outreach to eliminate domestic violence against women.


10 FATHER ATANASIO GONELLI (Formal Business)



1. That this House notes with sadness that, on Sunday 26 February 2012, Father Atanasio Gonelli passed away.


(a) over one thousand people, including the Honourable Victor Dominello MP, Minister for Communities and Citizenship; the Honourable Marie Ficarra MLC, Parliamentary Secretary to the Premier; and Mrs Franca Arena AM, former member of the Legislative Council attended Father Atanasio’s funeral held at St Fiacre's Church, Leichhardt,

(b) Mr Giuseppe Fin OAM, co-founder of the Italian Committee for Assistance (CO.AS.IT) and the Patron of the Father Atanasio Gonelli Charitable Fund Inc, gave the eulogy which outlined Father Atanasio Gonelli’s 61 years of dedication to the Catholic Church and devotion to serving the community,

(c) Father Atanasio Gonelli was born in Catognano village in the province of Massa Carrara, Tuscany on 11 February 1923, and was baptized with the name of Luigi,

(d) at 12 years of age, Father Atanasio Gonelli entered the diocesan seminary, on 8 September 1940 he joined an order of Capuchins Fathers and on 1 March 1947 he was ordained a priest at Reggio Emilia,

(e) for the next two to three years in Italy, Father Atanasio Gonelli conducted welfare activities to help sick people in hospitals,

(f) at the end of 1949, Father Atanasio Gonelli left Italy and settled in Australia to start his apostolate work in Sydney helping new young Italian emigrants in Australia,

(g) in 1961, Father Atanasio Gonelli started an Italian radio program on Radio 2SM and founded the Italian newspaper 'La Fiamma', holding the position of Director for several years,

(h) in 1964, Father Atanasio Gonelli launched the first course to teach the Italian language to Italian children at Annadale, Brookvale, Liverpool and Blacktown,

(i) in 1968, Father Atanasio Gonelli was co-founder of CO.AS.IT and was spiritual director of almost every Italian association of saints, military, regional and cultural arts group in New South Wales,

(j) on 8 September 2011, the Father Atanasio Gonelli Charitable Fund Inc. was officially launched by the Honourable Victor Dominello MP, Minister for Citizenship and Communities, and

(k) in 2011, Father Atanasio Gonelli celebrated 61 years of service and was presented with a Papal certificate through the Apostolic Nunzio in Australia commending his service and a congratulatory letter from His Eminence, Cardinal George Pell.

2. That this House acknowledges the enormous contribution Father Atanasio Gonelli made to Australian society and his years of devotion to the Italian Australian community and the Catholic Church.


11 2012 ALAN MCGILVRAY SCHOLARSHIP (Formal Business)




(a) on 26 February 2012, the Honourable Graham Annesley MP, Minister for Sport and Recreation, awarded the 2012 Alan McGilvray Scholarship to Kurtis Patterson and Katie Mack during a reception at the Sydney Cricket Ground,

(b) the McGilvray scholarship is a very competitive award honouring the late great broadcaster Alan McGilvray AM MBE, former New South Wales Sheffield Shield player and captain,

(c) this scholarship is awarded annually to one male and one female cricketer between 17 and 19 years of age from a field of players who compete at the state level,

(d) Kurtis Patterson, aged 18 of Hurstville, was selected as the male recipient, and recently became the youngest batsman to score a century in the Sheffield Shield, showing promising signs of a developing into a top order batsman, and

(e) Katie Mack, aged 18 of Bankstown, was selected as the female recipient, and was part of the New South Wales team that dominated the Under 18 Female National Championships, and has developed into a formidable right-arm leg spin bowler.

2. That this House congratulates Kurtis Patterson and Katie Mack for their achievement in the sport of cricket, and recognizes their commitment to one day represent Australia at the international level.


12 PAPER—TABLED BY MINISTER

Mr Gay, according to the Annual Reports (Statutory Bodies) Act 1984, tabled a report of Chipping Norton Lake Authority for year ended 30 June 2011.

Ordered: That the report be printed.

13 NOTICES OF MOTIONS

14 DISALLOWANCE OF STATUTORY RULE—GAMING MACHINES AMENDMENT (LIA EXEMPTION FOR CERTAIN CLUBS) REGULATION 2012

Question: That the motion of Dr Kaye proceed as business of the House—put and passed.

Dr Kaye moved: That the matter proceed forthwith.


Dr Kaye then moved, according to notice: That, under section 41 of the Interpretation Act 1987, this House disallows the Gaming Machines Amendment (LIA Exemption for Certain Clubs) Regulation 2012, published on the NSW Legislation Website on 20 January 2012, and tabled in this House on 14 February 2012.

Debate ensued.

Question put.

The House divided.


Ayes 5

Ms Barham *Mr Buckingham

Ms FaehrmannDr Kaye

Mr Shoebridge *

* Tellers

Noes 30

Mr AjakaMr BlairMr ClarkeMr CollessMs CotsisMs CusackMr DonnellyMs Fazio *Ms FicarraMr Foley

Mr GallacherMiss GardinerMr GayMr KhanMr LynnMr MacDonaldMrs Maclaren-JonesMr Mason-CoxMrs MitchellMr Moselmane

Mrs PaveyDr Phelps *Mr PrimroseMr RoozendaalMr SearleMr SecordMs SharpeMr VeitchMs WestwoodMr Whan

* Tellers

Question resolved in the negative.

15 SUSPENSION OF STANDING AND SESSIONAL ORDERS—ORDER FOR PAPERS—STAR CASINO

On the President calling on the Clerk to read the order of the day, Mr Whan moved, according to contingent notice: That standing and sessional orders be suspended to allow a motion to be moved forthwith that private members' business item no. 522 outside the order of precedence relating to an order for papers regarding Star Casino be called on forthwith.

Debate ensued.


Mr Whan then moved: That private members' business item no. 522 outside the order of precedence be called on forthwith.


16 ORDER FOR PAPERS—STAR CASINO

Mr Whan moved, according to notice: 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 Premier, the Department of Premier and Cabinet, the Minister for Gaming, Racing, Hospitality and the Arts, the NSW Office of Liquor, Gaming and Racing or the Independent Liquor and Gaming Authority:

(a) all correspondence relating to the Star Casino,

(b) all records of phone conversations including text messages between Ministers, Ministerial Staff and their agencies relating to the Star Casino, and

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


Debate ensued.

Question put.

The House divided.

Ayes 19

Ms BarhamMr BuckinghamMs CotsisMr DonnellyMs FaehrmannMs Fazio *Mr Foley

Dr KayeMr MoselmaneMr PrimroseMr RoozendaalMr SearleMr SecordMs Sharpe

Mr ShoebridgeMr VeitchMs Voltz *Ms WestwoodMr Whan

* Tellers

Noes 20

Mr AjakaMr BlairMr BorsakMr BrownMr ClarkeMr Colless *Ms Cusack

Ms FicarraMr GallacherMiss GardinerMr GayMr KhanMr LynnMr MacDonald

Mrs Maclaren-JonesMr Mason-CoxMrs MitchellMrs PaveyMr PearceDr Phelps *

* Tellers

Question resolved in the negative.

17 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—MARINE POLLUTION BILL 2011

The President reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly having this day agreed to the Bill with the long title “An Act to protect the State’s marine and coastal environment from pollution by oil and certain other marine pollutants discharged from ships; to repeal the Marine Pollution Act 1987; and for other purposes” returns the bill to the Legislative Council without amendment.


18 UNPROCLAIMED LEGISLATION

According to standing order, Mr Gallacher tabled a list of unproclaimed legislation as at 6 March 2012.

____________________

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

19 QUESTIONS


20 MINISTERIAL STATEMENT

Mr Gallacher made a ministerial statement concerning the death of Senior Constable David Rixon.

Mr Foley also addressed the House.

21 PRIVILEGES COMMITTEE—CITIZEN’S RIGHT OF REPLY (Mrs Julie Passas)

Mr Khan moved, according to notice: That the House adopt Report No. 59 of the Privileges Committee, entitled “Citizen’s Right of Reply (Mrs Julie Passas)”, dated February 2012.

Debate ensued.


According to standing order, the response of Mrs Julie Passas was incorporated in Hansard.

22 MENTAL HEALTH COMMISSION BILL 2011

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

Debate resumed.


Bill read a second time.

The Deputy President (Mr Green) left the Chair and the House sat as a committee of the whole for consideration of this bill.

The committee reported the bill with amendments.

The House adopted the report.

Standing orders having been suspended Wednesday 15 February 2012—

Bill, on motion of Mrs Pavey (on behalf of Mr Gallacher), read a third time.

Bill returned to the Legislative Assembly with the following amendments in which the concurrence of the Legislative Assembly was requested:

MENTAL HEALTH COMMISSION BILL 2011______________________________________

Schedule of the amendments referred to in the Legislative Assembly’s message of 7 March 2012.

No. 1 Page 8, clause 14 (1). Insert after line 3: (a) progress of the preparation of the draft strategic plan,

No. 2 Page 8, clause 14 (1). Insert after line 6: (c) the funding of mental health services in New South Wales.


23 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

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

(1) Births, Deaths and Marriages Registration Amendment (Change of Name) Bill 2012

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Births, Deaths and Marriages Registration Act 1995 in relation to change of name restrictions for certain persons; and for other purposes” presents the bill to the Legislative Council for its concurrence.


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

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


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

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

(2) Criminal Case Conferencing Trial Repeal Bill 2011

Mr PRESIDENT

The Legislative Assembly having this day agreed to the Bill with the long title “An Act to repeal the Criminal Case Conferencing Trial Act 2008 and to make provision consequent on that repeal” returns the bill to the Legislative Council without amendment.


24 CRIMES AMENDMENT (CONSORTING AND ORGANISED CRIME) BILL 2012

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

Leave granted for the mover's second reading speech to be incorporated in Hansard.

Debate ensued.

Question put.

The House divided.


Ayes 31

Mr AjakaMr BlairMr BorsakMr BrownMr ClarkeMr CollessMs CotsisMs CusackMr DonnellyMs Fazio *Ms Ficarra

Miss GardinerMr GayMr GreenMr KhanMr MacDonaldMrs Maclaren-JonesMr Mason-CoxMrs MitchellMr MoselmaneMrs PaveyMr Pearce

Dr Phelps *Mr PrimroseMr SearleMr SecordMs SharpeMr VeitchMs VoltzMs WestwoodMr Whan

* Tellers

Noes 5

Ms BarhamMr Buckingham *

Ms FaehrmannDr Kaye

Mr Shoebridge *

* Tellers

Question resolved in the affirmative.

Bill read a second time.

____________________

According to sessional order, proceedings interrupted at 10.00 pm for adjournment.____________________

The House continued to sit. ____________________

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

The committee reported the bill without amendment.

The House adopted the report.

Standing orders having been suspended Wednesday 15 February 2012—

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

Bill returned to the Legislative Assembly without amendment.

25 ADJOURNMENT

Mr Gay moved: That this House do now adjourn.

Debate ensued.

____________________

Leave granted for Ms Cusack to incorporate in Hansard a list of case studies relating to National Green Jobs Corps.____________________



The House adjourned at 10.56 pm until Thursday 8 March 2012 at 9.30 am.

26 ATTENDANCE

All members present, except Revd Mr Nile.

David BluntClerk of the Parliaments

_____________________________

Authorised by the Parliament of New South Wales

minutes 67 - 7 march 2012s.docx - parliament of nsw · web viewthe president reported the...

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