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45

LEGISLATIVE COUNCIL

MINUTES OF PROCEEDINGS

No. 3

THURSDAY 11 SEPTEMBER 2014

Contents

1 Meeting of the House...................................................................................................................................472 Centenary of the Australian Red Cross (Formal Business).........................................................................473 Distinguished Visitors..................................................................................................................................484 Agreement between TAFE NSW and two Chinese universities (Formal Business)...................................485 MATES in Construction (Formal Business)................................................................................................496 General Purpose Standing Committee No. 1—Reference (Formal Business).............................................497 Polish School of Sydney – Randwick (Formal Business)............................................................................498 20th anniversary of Green Valley Hindi Language School (Formal Business)...........................................509 Centenary of Lieutenant William Malcolm Chisholm’s death (Formal Business)......................................5110 70th anniversary of Teachers RSL sub-branch (Formal Business)..............................................................5211 Sydney Coastal Councils Group (Formal Business)....................................................................................5212 Feros Care (Formal Business)......................................................................................................................5413 Petition.........................................................................................................................................................5514 Notices of Motions.......................................................................................................................................5515 Business Postponed......................................................................................................................................5516 Special Adjournment....................................................................................................................................5517 Suspension of Standing and Sessional Orders—Select Committee on the planning process in

Newcastle and the broader Hunter Region..................................................................................................5518 Suspension of Standing and Sessional Orders—Summary Offences Amendment (Full-face

Coverings Prohibition) Bill..........................................................................................................................5519 Summary Offences Amendment (Full-face Coverings Prohibition) Bill 2014...........................................5620 Message from the Legislative Assembly—Mine Subsidence Compensation Amendment Bill 2014

......................................................................................................................................................................56Mine Subsidence Compensation Amendment Bill 2014.............................................................................56

21 Suspension of Standing and Sessional Orders—Forced adoption practices................................................5722 Forced adoption practices............................................................................................................................5723 Suspension of Standing and Sessional Orders—Order for papers—Medicare co-payment........................5824 Order for Papers—Medicare co-payment....................................................................................................5825 Suspension of Standing and Sessional Orders—Native Vegetation Amendment Bill 2014.......................5926 Native Vegetation Amendment Bill 2014....................................................................................................5927 Suspension of Standing and Sessional Orders—2014 Commonwealth Games..........................................5928 2014 Commonwealth Games.......................................................................................................................60

46Legislative Council Minutes No. 3—Thursday 11 September 2014

29 Suspension of Standing and Sessional Orders—Transport Administration Amendment (Rail Trails Community Management) Bill 2014...........................................................................................................63

30 Transport Administration Amendment (Rail Trails Community Management) Bill 2014.........................6331 Questions......................................................................................................................................................6432 Presentation of Address-in-Reply................................................................................................................6433 Message from the Legislative Assembly—Address by the Governor of Guangdong Province..................6434 Paper—Tabled by Minister..........................................................................................................................6635 Adjournment................................................................................................................................................6636 Attendance...................................................................................................................................................66


1 MEETING OF THE HOUSE

The House met at 9.30 am according to adjournment. The President took the Chair and read the prayers.

2 CENTENARY OF THE AUSTRALIAN RED CROSS (Formal Business)

Mr Lynn moved, according to notice:

1. That this House notes that:

(a) 2014 is the centenary year of Red Cross in Australia, a significant milestone in the social history of the nation and commemorating 100 years of humanitarian service to the people of Australia,

(b) most Australians have shared a personal connection with Red Cross, from its humanitarian role during two World Wars, to preparing, responding to and recovering from natural disasters, or helping vulnerable people and communities overcome disadvantage, and through its world-class national Blood Service,

(c) for 100 years Australian Red Cross has enjoyed a unique auxiliary status to the public authorities in the humanitarian field, working in partnership with governments of all political persuasions, in Australia and internationally, to alleviate suffering in a voluntary aid capacity whilst adhering to its principles of independence, neutrality and impartiality, and

(d) Australian Red Cross is part of the world’s largest humanitarian movement, with tens of millions of volunteers working in 189 countries, united by the fundamental principle of preventing and alleviating human suffering, without discrimination, wherever it may be found in times of war, conflict, disaster or personal crisis.

2. That this House recognises that:

(a) today, Australian Red Cross has a network of over one million volunteers, members, staff, donors, aid workers and supporters, and

(b) through this network, Australian Red Cross mobilises the power of humanity to work right across the country in local communities in every state and territory, and further afield to help transform the lives of vulnerable people in need, whoever they are.

3. That this House calls on all honourable members to:

(a) join Australian Red Cross in celebrating the 100th anniversary of its founding on 13 August 1914, nine days after the outbreak of World War One,

(b) congratulate generations of Australians for their extraordinary contributions through the everyday work of Red Cross, and

(c) continue to support the independent, neutral and impartial humanitarian mission of Red Cross to work with and assist the most vulnerable people in need, both in Australia and internationally.

Question put and passed.


3 DISTINGUISHED VISITORS

The President welcomed into his gallery Mr Guido Stock, Consul-General and Trade Commissioner for Austria, accompanied by Dr Karl Hartleb, Head of International Markets, and Dr Christiane Zwettler, Head of Resources.

4 AGREEMENT BETWEEN TAFE NSW AND TWO CHINESE UNIVERSITIES (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House notes:

(a) that two historic agreements have recently been signed between TAFE NSW and two Chinese Universities: Jinan University in Guangdong and Ningbo Dahongying University (NDU) in Zhejiang,

(b) the Premier of New South Wales, the Hon Mike Baird MP, along with the TAFE NSW Managing Director, Pam Christie, travelled to the Chinese city of Guangzhou in the New South Wales Sister-State of Guangdong, to honour the historic agreements,

(c) the two agreements are of great significance for the relationship between China and the New South Wales Government,

(d) the agreement with Jinan University automatically recognises a student’s TAFE NSW qualification as credit towards their studies in China,

(e) the agreement will allow students who have completed a qualification at the Chinese universities to apply for entry into Sydney TAFE’s Diploma and Advanced Diploma level courses,

(f) this year marks the 35th anniversary between the Guangdong and New South Wales Sister State relations, a milestone achievement that has taken place on the Premier’s first international mission as the Premier of New South Wales,

(g) the agreements between TAFE NSW and the Chinese universities reflect the New South Wales Government’s commitment to increasing:(i) access to each other’s education sectors,(ii) the development of cultural links between China and New South Wales,(iii) the New South Wales Government’s commitment to supporting and promoting the

education sector internationally, and

(h) approximately 42,000 Chinese international students enrolled in New South Wales education institutions in 2014.

2. That this House acknowledges:

(a) the Baird Government’s signing of the two historic agreements with Jinan University in Guangdong and NDU in Zhejiangb which will create many opportunities for students in both New South Wales and China, and

(b) the agreements will ensure that future industry and business leaders will have a greater understanding of Australian-Chinese cultural and business practices.



5 MATES IN CONSTRUCTION (Formal Business)


1. That this House notes:

(a) the exemplary work of the MATES in Construction organisation in its endeavour to prevent suicide in the construction industry and promote health and well-being,

(b) that MATES in Construction is a federation of independent industry-based MATES in Construction organisations throughout New South Wales, Queensland, South Australia and Western Australia,

(c) that MATES in Construction aims to raise awareness about suicide, making it easier to access help and ensuring that the help offered throughout the industry is practical, professional and appropriate manner, and

(d) that MATES in Construction has implemented the following programs to address the tragic rate of suicide in the industry: (i) an individualised case management program which aims to assist troubled workers

with an effective plan to address their mental issues, (ii) field visits, which involve field officers going from site to site to advise workers of

the program, (iii) a postvention program, which provides support where a worker or a worker’s family

member has committed suicide.

2. That this House commends and acknowledges the excellent work and commitment of those involved in MATES in Construction as well as the organisation’s National Board members:

(a) Chairman – Wallace Trohear,

(b) Vice Chairman – Brain Seidler,

(c) Director – Collin Emmott,

(d) Director – Michael Harper, and

(e) Acting CEO, Company Secretary – Jorgen Gulestrup.


6 GENERAL PURPOSE STANDING COMMITTEE NO. 1—REFERENCE (Formal Business)

Revd Mr Nile moved, according to notice:

1. That General Purpose Standing Committee No. 1 inquire into and report on the implementation of the recommendations of the committee’s Report No. 40 entitled “Allegations of bullying in WorkCover NSW”, dated June 2014.

2. That the committee report by 11 December 2014.


7 POLISH SCHOOL OF SYDNEY – RANDWICK (Formal Business)




(a) the Polish School of Sydney – Randwick, this month celebrates its 10th anniversary,

(b) the school operates every Saturday morning teaching school children and adults Polish language and culture and the school also offers a playgroup for infants,

(c) the school was established in 2004 and has operated continuously since,

(d) the school is the youngest school that teaches Polish in Sydney and has become renowned in the wider language community for its high quality teaching, its excellent academic results and outstanding community service,

(e) the school works in partnership with the Polish High School language classes operated through the NSW Department of Education and Communities’ Saturday School Community Languages Program, and together the two schools form one of the largest Polish language communities in the whole of New South Wales, with over 110 students in total, and

(f) the school prides itself on its modern teaching techniques and programmes that align with the requirements of the NSW Department of Education and Communities.

2. That this House:

(a) commends the hard work of all teachers, students, parents, committee members and the volunteers who have contributed to the outstanding success of the school over the past ten years,

(b) acknowledges and commends the dedication and perseverance of the school’s founding members, and particularly those founding members still serving the school’s committee, including, Zbyszek Sobota and Gosia Vella, and

(c) congratulates the Polish School of Sydney – Randwick on its outstanding achievements on the occasion of its 10th anniversary.


8 20TH ANNIVERSARY OF GREEN VALLEY HINDI LANGUAGE SCHOOL (Formal Business)



(a) the Green Valley Hindi Language School celebrates its 20th anniversary this year,

(b) the school operates as a not-for-profit charitable organisation,

(c) it aims to promote the Hindi language and culture within the local community, to develop in students the positive values and attitudes of the Hindu language and culture and to teach students the basic skills of communicating in Hindi, and

(d) the school operates every Sunday, catering for students from 5 to 18 years of age with six language classes, four music classes and one dance class aimed at providing the best language and cultural learning experience.

2. That this House:


(a) acknowledges the importance of language education in a multicultural nation such as Australia,

(b) acknowledges the parents, friends and the wider community for their contribution and support of the Green Valley Hindi Language School over the past two decades,

(c) acknowledges and commends the Green Valley Hindi Language School’s management for their outstanding contribution to community languages, including the Chief Executive Office Shalen Jattan, President Ami Chand, Manager Sunil Kumar, Treasurer Mukesh Chand, Secretary Yogesh Maharaj, Internal Auditor Satendra Kumar and External Auditor Raj Prasard, and

(d) congratulates the Green Valley Hindi Language School on its achievements and 20th anniversary.


9 CENTENARY OF LIEUTENANT WILLIAM MALCOLM CHISHOLM’S DEATH (Formal Business)



(a) Tuesday 26 August 2014 marks the Centenary of Lieutenant William Malcolm Chisholm’s death at the Battle of Le Cateau in France, the “first of the Australian fallen” of the First World War,

(b) he was officially recognised by the Australian War Memorial as the first Australian to die in the First World War, almost 100 years after his death,

(c) a commemoration service was held at St Stephen’s Uniting Church on Macquarie Street in Sydney which was the Chisholm’s family church and the place where his original memorial service was held,

(d) Lieutenant William Malcolm Chisholm was 22 years old when he was fatally wounded in the Battle of Le Cateau and died just three days after arriving in France,

(e) he was born in Sydney in 1892, the eldest son of an eminent surgeon and grew up in Macquarie Street, Sydney attending Sydney Grammar School where he was a prefect, and

(f) Lieutenant Chisholm was accepted into the Royal Military College, Sandhurst in 1911, gazetted in the 1st Battalion, East Lancashire Regiment two years later, and embarked for France in August 1914.

2. That this House commends:

(a) the Chisholm family and his descendants for ensuring Lieutenant Chisholm’s death is officially recognised and accurately reflected in Australia’s military history records, and

(b) VIP guests including:(i) the Governor Her Excellency Professor the Hon Dame Marie Bashir,(ii) Dr Timothy Hawkes OAM, Headmaster of King’s School,(iii) Lieutenant Colonel James McGann, Commanding, 2/17 Battalion, New South Wales

Regiment,(iv) Colonel (Ret’d) Mark Auchinlek, Late The Royal Scots Dragoon Guards,(v) Mr Donald M Chisholm, President of the Clan of Chisholm Society of Australia Inc,


(vi) Dr John Vallance, Headmaster Sydney Grammar School,(vii) Revd Dr Ian Cameron Barclay, MBE, TD, FRSA, Minister of The Scots Church,(viii) Ms Airlie Moore, great niece and Mrs Rowena la Fleche, great grandniece of

Lieutenant Chisholm, (ix) Mr Peter Stephenson OAM, representing the President of RSL NSW.


10 70TH ANNIVERSARY OF TEACHERS RSL SUB-BRANCH (Formal Business)



(a) Friday 22 August 2014 marked the 70th anniversary of the Teachers RSL sub-branch which was formed in 1944 by teachers and education officers who had returned from active service and/or who had served in both World War I and World War II,

(b) the sub-branch, formally affiliated with the Returned League of Australia (NSW) as an independent sub-branch in April 1944, has been an active group ever since that date,

(c) among its achievements has been the ANZAC Art Awards, support for school cadets and the annual Schools and RSL Remembrance ANZAC Ceremony at Hyde Park each year, as well as extensive annual fund raising for charity,

(d) the Annual Observance of ANZAC Day Services and Remembrance Services at Head Office in front of the War Memorial at 35 Bridge Street Sydney is a regular and well attended activity of the sub-branch, and

(e) on this occasion, copies of the sub-branch history were distributed in a book titled “Soldier-Teacher War Memorial” containing records of thousands of teachers and education officers who had served their nation.


(a) Mr Patrick Medway AM, President of the Teachers RSL sub-branch and the organising committee for their tireless efforts in promoting the legacy of our ANZAC servicemen and women, and

(b) VIP guests including:(i) Dr Paul Brock AM, Director of Learning and Development Research, DEC, (ii) Dr Ken Boston AO, Chair Ministerial Advisory Group on Literacy and Numeracy

and former Director General, NSW Department of Education and Training.


11 SYDNEY COASTAL COUNCILS GROUP (Formal Business)

Ms Barham moved, according to notice:

1. That this House congratulates the Sydney Coastal Councils Group (SCCG) on the 25th anniversary of its establishment in 1989 as a response to the poor state of health of Sydney’s coastal zone.



(a) the SCCG is a non-partisan, co-operative entity representing 15 member councils and 1.4 million Sydneysiders with a quest to clean up the adjacent marine and estuarine environments and waterways, with close to 600 kilometres of coastline and harbour foreshores, which make up the much loved natural beauty of the Sydney metropolitan region,

(b) in the 1980s pollution of our waterways had increased to such a level that community action to protest about its impacts was widespread and persistent and included the People Opposed to Ocean Outfalls marches which began in 1985,

(c) in 1989, almost a quarter of a million people gathered at Bondi Beach for a ‘Turn Back the Tide’ concert to protest against the inadequacy of the deepwater outfalls that would take sewage pollution further offshore but do nothing to provide secondary treatment of the sewage, which was 42 per cent industrial waste by volume and included heavy metals,

(d) 1989 also saw the commencement of the Clean Up campaign, initially just in Sydney Harbour with 40,000 volunteers, but which by the following year became Clean Up Australia Day, now with over half a million volunteers annually, and

(e) by 1994 the SCCG implemented a four year forward plan focusing on issues such as sewage, urban run-off and stormwater management alongside water quality, surf and public health issues.


(a) from the beginning, the SCCG welcomed the assistance and advice of experts and advocates and the promotion of good science to underpin good management decisions,

(b) work done by the SCCG mapped the city’s storm water network, and with other initiatives, resulted in an effective management plan for councils and the state government to enforce, which eventuated in the total catchment management movement,

(c) further work by the SCCG on coastal management and liaising with the Federal government eventually lead to Ocean 2000, an offshoot of the national Landcare concept, to work towards ensuring the long term health and future of Australia’s marine ecosystems and species,

(d) other work with NSW Fisheries led to Intertidal Protected Area legislation to reduce the exploitation of intertidal habitats,

(e) later work has focused on Sydney’s drinking water supply and recycling as well as actions aimed at the failures of the storm water system and more recently actions on groundwater management,

(f) the SCCG initiated co-operative research with universities and the CSIRO, such as the UNSW Institute of Environmental Studies in 2002-03 with topics such as the ecological footprints of local governments and biodiversity management in urban areas,

(g) the SCCG entered into partnerships with government departments to gain better understanding and management of ongoing problems such as toxic growths in coastal pools, landslide hazard zones and risk management, wetland management and the impacts of sea level rises on coastal zones due to climate change,

(h) the SCCG has worked hard to enhance connections between community and place with many volunteer programs, for example the Walking Volunteers contributing to the success of accessible coastal walking tracks, and


(i) public awareness and education programs have been significant and many programs have been accompanied by effective campaigns such as Beachwatch, a coastal monitoring and warning system, and Waterwatch, an education program encouraging schools and communities to monitor the health of local waterways, part of the SCCG coastal and waterway management network.

4. That this House notes that the successes and effectiveness of the SCCG over 25 years have been a result of a dedicated member council representation and also, as an incorporated association since 1998, that it has remained independent and self-determining.


12 FEROS CARE (Formal Business)

Ms Barham moved, according to notice:

1. That this House congratulates the aged care provider Feros Care which has been recognised with a 2014 Australian Aged Care Quality Agency Better Practice Award for its strategically focused staff development and retention initiative.


(a) Feros Care is a community owned, not-for-profit organisation which has been offering quality care and lifestyle support for older Australians since 1990,

(b) the Feros story began in Byron Bay with a Greek immigrant, George Feros, who fundraised for 20 years to provide a nursing home, initially for his parents,

(c) in 1976, George and a group of locals established a committee that evolved into the Feros Care Board of Directors,

(d) his wish was finally fulfilled with the establishment of an aged care facility in Byron Bay, later further facilities were opened in northern New South Wales, and now health care services for the elderly are offered in four states of Australia with group activities, personal home visits and via new technology, and

(e) more than 1500 “Smart Home” installations into clients’ homes have been made to date.


(a) Feros Care have pioneered a new model of care called the Byron Model of Care which enables older Australians to stay at home but have their health monitored daily in the comfort of their own home,

(b) this model operates on the principle of keeping seniors independent, active and socially connected with their family and community for as long as possible through personalised services that are reliable, flexible and affordable, and

(c) this model aims to present independent living that is positive and makes life worth living by overcoming boredom, inactivity, isolation and depression, as a method to combat institutionalisation.

4. That this House notes that Feros Care have improved staff retention rates and work satisfaction by focusing on improving work place practices and work life balance over the last five years which has resulted in this well-deserved award and which complements the other awards achieved including the International Association of Homes and Services – Excellence in Ageing Services


Award, the Outstanding Organisation category at the 2014 HESTA Aged Care Awards in Melbourne and the Australian Institute of Management QLD Award.


13 PETITION

Day of recognition of forced adoption practices

Ms Barham presented a petition from 26 citizens of New South Wales stating that the New South Wales, Commonwealth and other Australian Governments have delivered apologies or have announced their intention to deliver an apology for forced adoption practices, and requesting that the House calls on the Government to establish an annual Day of Recognition of Forced Adoption Practices, a public memorial to commemorate the apology to those affected by forced adoption practices and a public awareness campaign to recognise forced adoption practices.

Petition received.

14 NOTICES OF MOTIONS

15 BUSINESS POSTPONED

Notice of motion no. 1 on the Notice Paper of business of the House postponed, on motion of Mr Buckingham, until next sitting day.

16 SPECIAL ADJOURNMENT

Mr Gay moved: That this House at its rising today do adjourn until Tuesday 16 September 2014 at 2.30 pm.


17 SUSPENSION OF STANDING AND SESSIONAL ORDERS—SELECT COMMITTEE ON THE PLANNING PROCESS IN NEWCASTLE AND THE BROADER HUNTER REGION

Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Shoebridge: That standing and sessional orders be suspended to allow a motion to be moved forthwith that private members’ business item no. 1975 outside the order of precedence relating to a Select Committee on the planning process in Newcastle and the broader Hunter Region be called on forthwith.

Debate resumed.

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

18 SUSPENSION OF STANDING AND SESSIONAL ORDERS—SUMMARY OFFENCES AMENDMENT (FULL-FACE COVERINGS PROHIBITION) BILL

On the President calling on the Clerk to read the order of the day, Revd Mr Nile 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. 28 outside the order of precedence relating to the Summary Offences Amendment (Full-face Coverings Prohibition) Bill be called on forthwith.



Revd Mr Nile then moved: That private members’ business item no. 28 outside the order of precedence be called on forthwith.


19 SUMMARY OFFENCES AMENDMENT (FULL-FACE COVERINGS PROHIBITION) BILL 2014

Revd Mr Nile moved, according to notice: 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.


Bill presented.

Bill read a first time and ordered to be printed.

Revd Mr Nile then moved: That this bill be now read a second time.

Debate ensued.

Dr Phelps moved: That this debate be now adjourned until 16 October 2014.

Debate ensued.

Ms Cusack moved that the question be amended by omitting “16 October 2014” and inserting instead “five calendar days ahead”.

Debate continued.

Question: That the amendment of Ms Cusack be agreed to—put and passed.

Original question, as amended, put and passed.

20 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—MINE SUBSIDENCE COMPENSATION AMENDMENT BILL 2014

The President reported the following message from the Legislative Assembly:

Mine Subsidence Compensation Amendment Bill 2014

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to make miscellaneous amendments to the Mine Subsidence Compensation Act 1961 relating to claims for compensation under that Act; and for other purposes” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK10 September 2014 Speaker

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

Mr Mason-Cox 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.

21 SUSPENSION OF STANDING AND SESSIONAL ORDERS—FORCED ADOPTION PRACTICES

On the President calling on the Clerk to read the order of the day, Ms Barham 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. 1391 outside the order of precedence relating to forced adoption practices be called on forthwith.


Ms Barham then moved: That private members’ business item no. 1391 outside the order of precedence be called on forthwith.


22 FORCED ADOPTION PRACTICES

Order of the day read for resumption of the adjourned debate of the question on the motion of Ms Barham:


(a) the New South Wales State Government for their delivery on Thursday 20 September 2012 of a State Apology for Forced Adoption Practices,

(b) the Commonwealth Government for their delivery on Thursday 21 March 2013 of a National Apology for Forced Adoptions, and

(c) all of the other state and territory governments of Australia, each of whom has delivered or announced their intention to deliver an apology to those affected by forced adoption practices.

2. That this House acknowledges that offering apologies for an injustice is an essential step toward reconciliation and reparation, but that apology must be followed by ongoing efforts to recognise the harms caused and to provide support to those affected.

3. That this House calls on the Government to:

(a) establish an annual Day of Recognition of Forced Adoption Practices,

(b) construct a public memorial to commemorate the apology to those affected by forced adoption practices in New South Wales, and

(c) develop information resources and a communications strategy to raise public awareness of past forced adoption practices and the traumatic effects of forced adoptions, and to highlight the support services available to those affected by forced adoption practices.

Debate resumed.



23 SUSPENSION OF STANDING AND SESSIONAL ORDERS—ORDER FOR PAPERS—MEDICARE CO-PAYMENT

On the Deputy President (Mr Khan) calling on the Clerk to read the order of the day, Mr Foley 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. 1828 outside the order of precedence relating to an order for papers regarding the Medicare co-payment be called on forthwith.

Debate ensued.


Mr Foley then moved: That private members’ business item no. 1828 outside the order of precedence be called on forthwith.


24 ORDER FOR PAPERS—MEDICARE CO-PAYMENT

Mr Foley 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 7 September 2013 in the possession, custody or control of the NSW Ministry for Health or the Minister for Health:

(a) any document relating or referring to the Commonwealth Government’s introduction of a GP Medicare co-payment,

(b) any document relating or referring to co-payments in Emergency Departments,

(c) any document relating or referring to the introduction of new fees for patients in New South Wales public hospitals, and

(d) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.

Debate ensued.

Question put.

The House divided.

Ayes 23

Ms BarhamMr BorsakMr BrownMr BuckinghamMs CotsisMr DonnellyDr FaruqiMs Fazio *

Mr FoleyMr GreenDr KayeMr MoselmaneRevd Mr NileMr PrimroseMr SearleMr Secord

Ms SharpeMr ShoebridgeMr VeitchMs Voltz *Ms WestwoodMr WhanMr Wong

* Tellers


Noes 17

Mr AjakaMr BlairMr ClarkeMr Colless *Ms CusackMs Ficarra

Miss GardinerMr GayMr KhanMr LynnMr MacDonaldMrs Maclaren-Jones

Mr Mason-CoxMrs MitchellMrs PaveyMr PearceDr Phelps *

* Tellers

Pairs

(Pair not provided) Mr Gallacher

Question resolved in the affirmative.

25 SUSPENSION OF STANDING AND SESSIONAL ORDERS—NATIVE VEGETATION AMENDMENT BILL 2014

On the President calling on the Clerk to read the order of the day, Mr Brown 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. 1752 outside the order of precedence relating to the Native Vegetation Amendment Bill 2014 be called on forthwith.


Mr Brown then moved: That private members’ business item no. 1752 outside the order of precedence be called on forthwith.


26 NATIVE VEGETATION AMENDMENT BILL 2014

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

Debate resumed.

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

27 SUSPENSION OF STANDING AND SESSIONAL ORDERS—2014 COMMONWEALTH GAMES

On the Deputy President (Mr Khan) calling on the Clerk to read the order of the day, Ms Ficarra 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. 1945 outside the order of precedence relating to the 2014 Commonwealth Games be called on forthwith.

Debate ensued.


Ms Ficarra then moved: That private members’ business item no. 1945 outside the order of precedence be called on forthwith.



28 2014 COMMONWEALTH GAMES


1. That this House notes that at the 2014 Commonwealth Games, Australian athletes won 51 Gold Medals, 43 Silver Medals and 46 Bronze Medals, which was the second highest Commonwealth Games medal tally.

2. That this House congratulates and commends the following on their results at the 2014 Commonwealth Games:

(a) Individual Gold Medallists:(i) 100m Hurdles – Women – Sally Pearson,(ii) 1500m Para Sport Wheelchair – Women – Angela Ballard,(iii) Discus Throw – Women – Dani Samuels,(iv) High Jump – Women – Eleanor Patterson,(v) Javelin Throw – Women – Kim Mickle,(vi) Long Jump Para Sport – Women – Jodi Elkington,(vii) Marathon – Men – Michael Shelley,(viii) Pole Vault – Women – Alana Boyd, (ix) Boxing 52kg – Men – Andrew Moloney, (x) Boxing 60kg – Women – Shelley Watts, (xi) Cycling Track 1km Time Trial – Men – Scott Sunderland, (xii) Cycling Track 4000m Individual Pursuit – Men – Jack Bobridge, (xiii) Cycling Track 500m Time Trial – Women – Anna Meares, (xiv) Cycling Track Keirin – Men – Matthew Glaetzer, (xv) Cycling Track Scratch Race – Women – Annette Edmondson, (xvi) Cycling Track Sprint – Women – Stephanie Morton, (xvii) Diving 3m Springboard – Women – Esther Qin, (xviii) Shooting 10m Air Pistol – Men – Daniel Repacholi, (xix) Shooting 25m Rapid Fire Pistol – Men – David J Chapman, (xx) Shooting 50m Rifle Prone – Men – Warren Potent, (xxi) Shooting Skeet – Women – Laura Coles, (xxii) Shooting Trap – Men – Adam Vella, (xxiii) Shooting Trap – Women – Laetisha Scanlan, (xxiv) Swimming 100m Backstroke – Women – Emily Seebohm, (xxv) Swimming 100m Freestyle – Men – James Magnussen, (xxvi) Swimming 100m Freestyle – Women – Cate Campbell, (xxvii) Swimming 100m Freestyle Para Sport S8 – Women – Maddison Elliott,(xxviii) Swimming 100m Freestyle Para Sport S9 – Men – Rowan Crothers, (xxix) Swimming 200m Backstroke – Men – Mitch Larkin, (xxx) Swimming 200m Backstroke – Women – Belinda Hocking, (xxxi) Swimming 200m Freestyle – Men – Thomas Fraser–Holmes, (xxxii) Swimming 200m Freestyle – Women – Emma Mckeon, (xxxiii) Swimming 200m Freestyle Para Sport S14 – Men – Daniel Fox, (xxxiv) Swimming 200m Individual Medley – Men – Daniel Tranter, (xxxv) Swimming 50m Backstroke – Men – Ben Treffers, (xxxvi) Swimming 50m Breastroke Women – Leiston Picket,

(b) Team Gold Medallists: (i) Cycling Track 4000 m Team Pursuit – Men – Alex Edmondson, Glenn P

O’Shea, Jack Bobridge and Luke Davison,(ii) Diving 10m Platform Synchronised – Men – Matthew Mitcham,(iii) Hockey – Men – Andrew Charter, Andrew Philpott, Aran Zalewski, Chris

Ciriello, Daniel Beale, Eddie Ockenden, Fergus Kavanagh, Jacob Whetton, Kiel


Brown, Kieran Govers, Mark Knowles, Matt Gohdes, Matthew Swann, Simon Orchard, Trent Mitton and Tristan White,

(iv) Hockey – Women – Anna Flanagan, Ashleigh Nelson, Brooke Peris, Casey Eastham, Edwina Bone, Emily Smith, Georgia Nanscawen, Georgie Parker, Jane Claxton, Jayde Taylor, Jodie Kenny, Karri Mcmahon, Kate Jenner, Kellie White, Madonna Blyth and Rachael Lynch,

(v) Netball – Bianca Chatfield, Caitlin Bassett, Caitlin Thwaites, Julie Corletto, Kimberlee Green, Kimberley Ravaillion, Laura Geitz, Madi Robinson, Natalie Medhurst, Renae Hallinan, Sharni Layton and Tegan Caldwell,

(vi) Squash Doubles – Men – Cameron Pilley and David Palmer, (vii) Squash Doubles – Mixed – David Palmer and Rachael Grinham, (viii) Swimming 4 x 100m Freestyle Relay – Men – Cameron Mcevoy,

JamesMagnussen, Jayden Hadler, Kenneth To, Matt Abood, Ned Mckendry and Tommaso D’Orsogna,

(ix) Swimming 4 x 100m Freestyle Relay – Women – Alicia Coutts, Brittany Elmslie, Bronte Campbell, Cate Campbell, Emma Mckeon, Maddie Groves and Melanie Schlanger,

(x) Swimming 4 x 100m Medley Relay – Women – Alicia Coutts, Belinda Hocking, Bronte Campbell, Cate Campbell, Emily Seebohm, Emma Mckeon, Lorna Tonks and Sally Hunter,

(xi) Swimming 4 x 200m Freestyle Relay – Men – Cameron Mcevoy, David Mckeon, Mack Horton, Ned Mckendry and Thomas Fraser-Holmes,

(xii) Swimming 4 x 200m Freestyle Relay – Women – Alicia Coutts, Brittany Elmslie, Bronte Barratt, Emma Mckeon, Maddie Groves and Remy Fairweather,

(c) Individual Silver Medallists:(i) Athletics 1500m Para Sport Wheelchair – Men – Kurt Fearnley,(ii) Boxing over 91kg – Men – Joseph Goodall, (iii) Cycling Road Individual Time Trial – Men – Rohan Dennis, (iv) Cycling Track 3000m Individual Pursuit – Women – Annette Edmondson, (v) Cycling 4000m Individual Pursuit – Men – Alex Edmondson,(vi) Cycling 500m Time Trial – Women – Stephanie Morton,(vii) Cycling Scratch Race – Men – Glenn P O’Shea,(viii) Cycling Scratch Race – Women – Amy Cure, (ix) Cycling Sprint Women – Anna Meares, (x) Diving 1m Springboard – Men – Matthew Mitcham,(xi) Diving 1m Springboard – Women – Maddison Keeney,(xii) Gymnastics Artistic Beam – Women – Mary–Anne Monckton, (xiii) Gymnastics Floor – Women – Lauren Mitchell, (xiv) Gymnastics Uneven Bars – Women – Larrissa Miller, (xv) Swimming 100m Backstroke – Men – Mitch Larkin, (xvi) Swimming 100m Breaststroke – Women – Lorna Tonks, (xvii) Swimming 100m Breaststroke Para Sport SB9 – Women – Madeleine Scott, (xviii) Swimming 100m Freestyle – Men – Cameron Mcevoy,(xix) Swimming 100m Freestyle – Women – Bronte Campbell,(xx) Swimming 100m Freestyle Para Sport S9 – Men – Matthew Cowdrey,(xxi) Swimming 1500m Freestyle – Men – Mack Horton,(xxii) Swimming 200m Backstroke – Men – Josh Beaver,(xxiii) Swimming 200m Backstroke – Women – Emily Seebohm,(xxiv) Swimming 200m Breaststroke – Women – Sally Hunter, (xxv) Swimming 200m Butterfly – Men – Grant Irvine, (xxvi) Swimming 200m Freestyle – Men – Cameron Mcevoy, (xxvii) Swimming 200m Individual Medley – Women – Alicia Coutts, (xxviii) Swimming 200m Individual Medley Para Sport SM10 – Women – Katherine

Downie, (xxix) Swimming 200m Individual Medley Para Sport SM8 – Men – Jesse

Aungles, (xxx) Swimming 400m Freestyle – Men David Mckeon,


(xxxi) Swimming 400m Individual Medley – Men – Thomas Fraser–Holmes, (xxxii) Swimming 50m Backstroke – Men Mitch Larkin, (xxxiii) Swimming 50m Freestyle – Men Cameron Mcevoy, (xxxiv) Swimming 50m Freestyle – Women Cate Campbell,

(d) Team Silver Medallists:(i) Cycling Track Para Sport 1000m Time Trial B Tandem – Men – Jason Niblett

and Kieran Modra, (ii) Cycling Track Para Sport Sprint B Tandem – Men – Jason Niblett and Kieran

Modra, (iii) Diving 3m Springboard Synchronised – Men – Grant Nel and Matthew

Mitcham, (iv) Gymnastics Artistic Team Competition – Women – Georgia–Rose Brown,

Larrissa Miller, Lauren Mitchell, Mary–Anne Monckton and Olivia Vivian, (v) Lawn Bowls Triples – Women – Karen Murphy, Kelsey Cottrell and Lynsey

Clarke, (vi) Swimming 4x100m Medley Relay – Men – Cameron Mcevoy, Christian

Sprenger, James Magnussen, Jayden Hadler, Josh Beaver, Kenneth To, Mitch Larkin and Tommaso D’Orsogna,

(vii) Table Tennis Doubles – Women – Jian Fang Lay and Miao Miao,

(e) Individual Bronze Medallists:(i) Athletics Javelin Throw – Men – Hamish Peacock, (ii) Javelin Throw – Women – Kelsey–Lee Roberts, (iii) Marathon – Women – Jess Trengove,(iv) Cycling – Mountain Bike Cross Country – Men – Daniel Mcconnell, (v) Cross Country – Women – Rebecca Henderson, (vi) Cycling Road Individual Time Trial – Women – Katrin Garfoot, (vii) Cycling Track – 3000m Individual Pursuit – Women – Amy Cure, (viii) Diving 1m Springboard – Men – Grant Nel, (ix) Diving 1m Springboard – Women – Esther Qin, (x) Judo 73kg – Men – Jake Bensted, (xi) Judo Over 100kg – Men – Jake Andrewartha, (xii) Judo 48kg – Women – Amy Meyer, (xiii) Judo Under 48kg – Women – Chloe Rayner, (xiv) Bowls Singles – Men – Aron Sherriff,(xv) Shooting 25m Sport Pistol – Women – Lalita Yauhleuskaya,(xvi) Shooting – 50m Free Pistol – Men – Daniel Repacholi,(xvii) Swimming 100m Backstroke – Men – Josh Beaver,(xviii) Swimming 100m Backstroke – Women – Belinda Hocking,(xix) Swimming 100m Butterfly – Women – Emma Mckeon,(xx) Swimming 100m Freestyle – Men – Tommaso D’Orsogna,(xxi) Swimming 100m Freestyle – Women – Emma Mckeon,(xxii) Swimming 100m Freestyle Para Sport S8 – Women – Lakeisha Patterson,(xxiii) Swimming 100m Freestyle Para Sport S9 – Men – Brenden Hall,(xxiv) Swimming 200m Backstroke – Men – Matson Lawson,(xxv) Swimming 200m Butterfly – Women – Maddie Groves,(xxvi) Swimming 200m Freestyle – Women – Bronte Barratt,(xxvii) Swimming 200m Individual Medley Para Sport SM8 – Men – Blake Cochrane,(xxviii) Swimming 400m Freestyle – Women – Bronte Barratt,(xxix) Swimming 400m Individual Medley – Women – Keryn Mcmaster,(xxx) Swimming 50m Breaststroke – Men – Christian Sprenger,(xxxi) Swimming 50m Butterfly – Women – Brittany Elmslie,(xxxii) Swimming 50m Freestyle – Men – James Magnussen,(xxxiii) Swimming 50m Freestyle – Women – Bronte Campbell,(xxxiv) Weightlifting 77kg – Men – Francois Etoundi,(xxxv) Weightlifting over 105kg – Men – Damon Kelly, and


(f) Team Bronze Medallists:(i) Cycling Track Para–Sport 1000m Time Trial B Tandem – Women – Brandie

O’Connor and Breanna Hargrave,(ii) Cycling Track Para–Sport Sprint B Tandem – Men – Paul Kennedy and Thomas

Clarke,(iii) Cycling Track Para–Sport Sprint B Tandem – Women – Brandie O’Connor and

Breanna Hargrave,(iv) Cycling Track Team Sprint – Men – Matthew Glaetzer, Nathan Hart and Shane

Perkins,(v) Diving 3m Springboard Synchronised – Women – Anabelle Smith and Maddison

Keeney,(vi) Lawn Bowls Fours – Men – Brett Wilkie, Matt Flapper, Nathan Rice and Wayne

Ruediger,(vii) Lawn Bowls Para–Sport B2/B3 Mixed Pairs – Bruce Jones, Joy Forster, Peter

Scott and Tony Scott,(viii) Rugby Sevens – Men – Cameron Clark, Con Foley, Ed Jenkins, Greg Jeloudev,

James Stannard, Jesse Parahi, Liam Gill, Pama Fou, Samuel Myers, Sean Mcmahon, Tom Cusack and Tom Lucas,

(ix) Squash Doubles – Mixed – Cameron Pilley and Kasey Brown,(x) Table Tennis Team – Women – Jian Fang Lay, Melissa Tapper, Miao Miao,

Zhenhua Dederko and Ziyu Zhang,(xi) Triathlon Team Relay – Mixed – Aaron Royle, Emma Jackson, Emma Moffatt

and Ryan Bailie.

3. That this House congratulates and commends the Commonwealth Games Federation, City of Glasgow, Scotland, all officials and volunteers on their outstanding efforts with the organisation and running of the 2014 Commonwealth Games.

Debate ensued.


29 SUSPENSION OF STANDING AND SESSIONAL ORDERS—TRANSPORT ADMINISTRATION AMENDMENT (RAIL TRAILS COMMUNITY MANAGEMENT) BILL 2014

On the Deputy President (Mrs Maclaren-Jones) calling on the Clerk to read the order of the day, Mr Veitch 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. 7 in the order of precedence relating to the Transport Administration Amendment (Rail Trails Community Management) Bill 2014 be called on forthwith.


Mr Veitch then moved: That private members’ business item no. 7 in the order of precedence be called on forthwith.


30 TRANSPORT ADMINISTRATION AMENDMENT (RAIL TRAILS COMMUNITY MANAGEMENT) BILL 2014

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

Debate resumed.


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

____________________

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

31 QUESTIONS

____________________

According to sessional order, proceedings interrupted at 3.30 pm for adjournment.____________________

The House continued to sit.__________________

Questions continued.

____________________

According to sessional order, government business given precedence.____________________

32 PRESENTATION OF ADDRESS-IN-REPLY

The President announced to the House that he had ascertained it to be the pleasure of Her Excellency the Governor to receive the Legislative Council’s Address-in-Reply to Her Excellency’s opening speech to both Houses of Parliament on opening of the session at Government House on Tuesday 16 September 2014, at 5.30 pm.

Ordered, on the motion of Mr Gay: That the House do proceed on Tuesday 16 September 2014 to Government House and there at 5.30 pm present to the Governor the Address-in-Reply to the speech Her Excellency had been pleased to make to both Houses of Parliament on opening the session.

33 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—ADDRESS BY THE GOVERNOR OF GUANGDONG PROVINCE

The President reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly informs the Legislative Council that it has this day agreed to the following resolution:

That the Legislative Assembly:

(1) Appreciates the long standing and deep significance of the Sister State Relationship between the State of New South Wales and Guangdong Province in the People’s Republic of China.

(2) In acknowledgement of the 35 years of the Sister State Relationship, invites His Excellency Mr Zhu Xiaodan, the Governor of Guangdong Province, to make an address in the Legislative Assembly chamber at 11 am on Friday 19 September 2014.


(3) Invites Members and Officers of the Legislative Council to be present in the Legislative Assembly chamber at 11 am on Friday 19 September 2014 to hear the address by His Excellency Mr Zhu Xiaodan, Governor of Guangdong.

(4) Desires to acquaint the Legislative Council of this resolution.

Legislative Assembly SHELLEY HANCOCK11 September 2014 Speaker

Mr Gay sought the leave of the House to move a motion to suspend standing orders to allow consideration forthwith of the Legislative Assembly’s message inviting members and officers to attend in the Legislative Assembly chamber on Friday 19 September 2014 to hear an Address by His Excellency Mr Zhu Xiaodan, Governor of Guangdong Province in the People’s Republic of China.

No objection taken.

Leave granted.

Mr Gay moved: That standing orders be suspended to allow consideration forthwith of the Legislative Assembly’s message inviting members and officers to attend in the Legislative Assembly chamber on Friday 19 September 2014 to hear an Address by His Excellency Mr Zhu Xiaodan, Governor of Guangdong Province in the People’s Republic of China.


Mr Gay then moved, by leave and without notice:

1. That this House acknowledges the longstanding and deep significance of the Sister State Relationship between the State of New South Wales and Guangdong Province in the People’s Republic of China and welcomes the visit to the Parliament of New South Wales of His Excellency Mr Zhu Xiaodan, Governor of Guangdong Province.

2. That this House accepts the invitation of the Legislative Assembly for Members and Officers to attend in the Legislative Assembly chamber at 11.00 am on Friday 19 September 2014 to hear an Address by His Excellency.


Mr Gay then moved: That the following message be forwarded to the Legislative Assembly conveying the terms of the resolution agreed to by the House:

Madam SPEAKER

The Legislative Council desires to inform the Legislative Assembly that it has this day agreed to the following resolution:

1. That this House acknowledges the longstanding and deep significance of the Sister State Relationship between the State of New South Wales and Guangdong Province in the People’s Republic of China and welcomes the visit to the Parliament of New South Wales of His Excellency Mr Zhu Xiaodan, Governor of Guangdong Province.

2. That this House accepts the invitation of the Legislative Assembly for Members and Officers to attend in the Legislative Assembly chamber at 11.00 am on Friday 19 September 2014 to hear an Address by His Excellency.

Legislative Council DON HARWIN11 September 2014 President



34 PAPER—TABLED BY MINISTER

Mr Mason-Cox, according to the Industrial Relations Act 1996, tabled the report of Industrial Relations Commission for year ended 31 December 2013.

Ordered: That the report be printed.

35 ADJOURNMENT

Mr Gay moved: That this House do now adjourn.

Debate ensued.


The House adjourned at 4.10 pm until Tuesday 16 September 2014 at 2.30 pm.

36 ATTENDANCE

All members present, except Mr Gallacher.

David BluntClerk of the Parliaments

_____________________________

Authorised by the Parliament of New South Wales

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