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681 PROOF PARLIAMENT OF NEW SOUTH WALES __________ No. 64 __________ LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS ____________________ THIRD SESSION OF THE FIFTY-FIRST PARLIAMENT ____________________ TUESDAY 13 OCTOBER 1998 (The Questions and Answers Paper published for the first sitting day in each week will contain, by number and title, all unanswered questions, together with questions to which answers have been received on the previous sitting and any new questions. On subsequent days, new questions are printed, as are questions to which answers were received the previous day. Consequently the full text of any question will be printed only twice: when notice is given; and, when answered.) Notice given on date shown

QUESTIONS AND ANSWERS - parliament.nsw.gov.au · In relation to the case of ... ordered the contractor to complete rectification of eight defects and one incomplete item out of 2

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681

PROOF

PARLIAMENT OF NEW SOUTH WALES

__________

No. 64__________

LEGISLATIVE COUNCIL

QUESTIONS

AND

ANSWERS

____________________

THIRD SESSION OF THE FIFTY-FIRST PARLIAMENT____________________

TUESDAY 13 OCTOBER 1998

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

Notice given on date shown

LEGISLATIVE COUNCIL QUESTIONS AND ANSWERSTuesday 13 October 1998

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Publication of Question Answer to be lodged by

Q&A No. 57 (Including Questions Nos 332 to 348) 14 October 1998

Q&A No. 58 (Including Questions Nos 349 to 352) 15 October 1998

Q&A No. 59 (Including Questions Nos 353 to 366) 21 October 1998

Q&A No. 60 (Nil Questions) —

Q&A No. 61 (Including Questions Nos 367 to 373) 27 October 1998

Q&A No. 62 (Nil Questions) —

Q&A No. 63 (Including Questions Nos 374 and 375) 29 October 1998

Q&A No. 64 (Including Questions Nos. 376 to 382) 17 November 1998

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683

8 SEPTEMBER 1998

(Paper No. 56)

*325 FAIR TRADING—BUILDING DEFECTS—PRIVATE HOME—Mr Jobling asked the Attorney General,Minister for Industrial Relations, and Minister for Fair Trading—

In relation to the case of building defects at the home of Mr and Mrs Ross and Liz White of 17 PicassoCrescent, Old Toongabbie (file reference number I95/4810):

(1) Did the Minister state on 2 June, 1998 in reply to a previous Question on Notice that “the processing ofthe White’s claim will be expedited as soon as they have submitted the engineer’s report and buildingconsultant’s report”?

(2) Have the Whites lodged three complaints with the Building Services Corporation against the builder,Robert Mackey, since 5 January 1996 and that matters are still outstanding, 2½ years later?

(3) (a) Did the independent consultant sent by the BSC to inspect the White’s residence recommended thatthe builder receive disciplinary action?

(b) If so, has any disciplinary action been taken against the builder, Robert Mackey?

(c) If not, is any such action proposed?

(4) (a) Did the Building Disputes Tribunal order the builder to rectify nine of the defects identified in thelist of 22 complaints supplied by the Whites?

(b) Were these defects rectified to the satisfaction of the Whites?

(c) If not, what action will be taken to rectify the defects?

(5) (a) Have the Whites again contacted the Department of Fair Trading, in a letter dated 2 August 1998,listing a total of 76 defective items in their home?

(b) Is their $250,000 house is unsaleable?

(c) Will the Minister take urgent action to rectify the defects?

(6) Has the damp in the White’s home exacerbated the asthma suffered by the White’s two children?

(7) What action does the Minister propose to take to fully investigate this case and resolve the manyproblems still facing the White family?

Answer—

(1) Yes. However, the White’s did not provide the Department of Fair Trading with their engineer’s reportuntil 2 August 1998. The Department then sent the report to an independent consultant for assessment of thedefects listed.

(2) The Whites lodged three complaints with the Department; the first on 17 January 1996 and the secondon 23 August 1996, at which time the Department invited the Whites to submit a home building insuranceclaim. The third complaint was lodged on 6 January 1997. On 2 June 1997 the Whites lodged an insuranceclaim.

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(3) (a) It is not the role of independent building consultants engaged by the Department to recommenddisciplinary action against a contractor. The consultant’s role is to assess the defective items listedby the claimant and to develop a scope of works for rectification so that quotations may be sought.

(b) No.

(c) No. The Department considers that there are insufficient grounds at this stage to warrantdisciplinary action. The position will be reassessed once the scope of works has been received and adecision made on the insurance claim. The contractor has, at all times, indicated his willingness toreturn to the site and rectify items deemed defective by the Department. The Department has alsotaken into account the contractor’s good record.

(4) (a) The contractor lodged a claim with the Building Disputes Tribunal. On 17 April 1996 the Tribunalordered the contractor to complete rectification of eight defects and one incomplete item out of 22items of complaint.

(b) The Whites renewed their claim in the Tribunal on 6 May 1998 stating that three items were notsatisfactory.

(c) At the hearing held on site on 25 May 1998 the presiding referee found that the work had beencompleted and rectified to a satisfactory standard, fit for the purpose and within acceptable industrystandards. The Whites were ordered to pay the outstanding moneys of $7,698.78 owed to thecontractor.

(5) (a) Yes.

(b) I cannot offer an opinion about the marketability of the White’s property.

(c) The Department has advised me that it is taking all action within its powers to resolve the matter.The Department arranged a site meeting on 19 September 1998 to identify defective items andestablish responsibility of the contractor. The Whites, their solicitor and consultant engineerattended, together with the Department’s consulting engineer and manager of the Home BuildingUnit. The Whites are to provide the Department with documents required by both engineers, whowill then work together to develop a scope of works for rectification. Once quotations are obtainedby the Whites, the Department can proceed in determining the claim.

(6) I cannot offer an opinion about the health of the White’s children.

(7) The Department of Fair Trading will continue to process Mr and Mrs White’s claim as quickly aspracticable.

*326 HEALTH—NATIONAL ENHANCED MEASLES CONTROL CAMPAIGN—Mr Corbett asked theMinister for Public Works and Services representing the Deputy Premier, Minister for Health, and Ministerfor Aboriginal Affairs—

(1) Since the beginning of the National Enhanced Measles Control Campaign, have there been any instancesof children at school receiving medical attention as a consequence of an adverse reaction to the MMRvaccine?

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(2) If so:

(a) What medical attention was required?

(b) How many children were attended to?

(c) How many children were taken to hospital?

(d) How many children were admitted to hospital?

Answer—

(1) Since the beginning of the NEMC, there have been ten instances where children at school have requiredmedical attention as a consequence of a reaction to the MMR vaccine. The conditions included: four allergicreactions, one anaphylaxis, two anxiety attacks, two vasovagal reactions and one child hitting her head duringa faint. Some children fainted but just needed to lie down.

(2) (a) to (d) Treatment for the ten children included: observation by the nurses at the school, administrationof adrenaline and/or consultation by a medical officer. Nurses referred eight of the children to Accident andEmergency Centres, one of whom was admitted overnight.

*327 EDUCATION AND TRAINING—NATIONAL ENHANCED MEASLES CONTROL PROGRAM—MrCorbett asked the Attorney General, Minister for Industrial Relations, and Minister for Fair Tradingrepresenting the Minister for Education and Training, and Minister Assisting the Premier on Youth Affairs—

(1) (e) Has the Minister received any written or verbal complaints from parents, teachers or principalsabout the conduct of the National Enhanced Measles Control Program in New South Wales?

(f) If so, how many complaints have been received and what was the basis of those complaints?

(2) What action has been taken by the Department to investigate these complaints?

Answer—

(1) No.

(2) The National Enhanced Measles Control Campaign Program is being conducted by the National Centrefor Disease Control. It is being implemented in New South Wales by the Department of Health. Any questionsarising from the immunisation process should be addressed to the Minister for Health.

*328 HEALTH—NATIONAL ENHANCED MEASLES CONTROL PROGRAM—Mr Corbett asked the Ministerfor Public Works and Services representing the Deputy Premier, Minister for Health, and Minister forAboriginal Affairs—

(1) (a) Has the Minister received any written or verbal complaints from parents, teachers or principalsabout the conduct of the National Enhanced Measles Control Program in New South Wales?

(b) If so, how many complaints have been received and what was the basis of those complaints?

(2) What action has been taken by the Department to investigate these complaints?

Answer—

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(1) (a) and (b) Yes. Seven complaints have been received from parents, teachers and principals about theconsent process, one about quality of trained staff, one about lack of adverse events notification, and a fewabout the Measles Office telephone being engaged.

(2) New South Wales Health has investigated each complaint and taken the appropriate action. Staff havebeen reminded to check all consent forms. Adverse events are notified as they occur. Extra staff have beenemployed to assist with the school bookings.

*329 HEALTH—VACCINATION OF CHILDREN—Mr Corbett asked the Minister for Public Works andServices representing the Deputy Premier, Minister for Health, and Minister for Aboriginal Affairs—

(1) Has the Commonwealth Government entered into any formal or informal agreements with the WorldHealth Organisation that would require or place pressure upon the NSW Department of Health to meet, orassist the Commonwealth Government to meet, a set target with regards to the vaccination of children in NewSouth Wales?

(2) If so:

(c) What are the names of the agreements?

(d) When were the agreements entered into?

(e) What requirements are expected to be met by the NSW Government under these agreements?

Answer—

(1) I have been advised that the New South Wales Department of Health has not been informed of any suchagreements.

(2) Not applicable.

*330 HOUSING—HOME PURCHASE ASSISTANCE AUTHORITY—Mr Ryan asked the Treasurer, Ministerfor State Development, and Vice-President of the Executive Council representing the Minister for UrbanAffairs and Planning, and Minister for Housing—

(1) Why does the web site of the Home Purchase Assistance Authority still feature the message “This pageis under construction. It is hoped to have this site underway on 22 June 1998”?

(2) When will consumers finally be able to access information from the web site?

(3) Are you dissatisfied with this delay?

(4) Are you satisfied with the performance of the Authority’s management, including its Chief ExecutiveOfficer, Larry Adams?

Answer—

(1) The statement was true at the time of its issue. Until recently, however, the statement had not beenupdated to reflect a delay in the development of the full web site.

(2) The web site was completed on 18 September 1998.

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(3) The delay that occurred is regrettable, but arose in part from a decision to develop the web site internallyrather than through the employment of consultants.

(4) The delay does not reflect adversely on management performance given the cost savings achieved in thedevelopment of the site and the ongoing availability of services to clients through a free-call telephone service.

*331 ENVIRONMENT—STAFFING LEVELS—Dr Pezzutti asked the Attorney General, Minister for IndustrialRelations, and Minister for Fair Trading representing the Minister for the Environment—

What is the authorised EFT strength of each of the 26 National Parks and Wildlife Service districts in NewSouth Wales in:

(f) 1995/96?

(g) 1996/97?

(h) 1997/98?

Answer—

Since there are 28 National Parks and Wildlife Service districts in New South Wales, could the honourablemember please specify which 26 districts he requires the above information on.

9 SEPTEMBER 1998

(Paper No. 57)

*332 INDUSTRIAL RELATIONS—TAXIS—Dr Chesterfield-Evans asked the Attorney General, Minister forIndustrial Relations, and Minister for Fair Trading—

(1) Can the Minister inform the House of one taxi base that offers a clear right of choice between the twomethods of payment prescribed by the current Contract Determination for taxi drivers and does not victimise abailee driver for the choice he or she made?

(2) Can the Minister provide this House with the address of just one taxi base that issues a receipt for thepay-in they receive from taxi drivers as per Contract Determination as handed down by CC Connor?

Answer—

On 30 July 1997, the New South Wales Industrial Relations Commission handed down an important change tothe courier and taxi truck determination relating to the manner by which bailees would be paid. In brief,bailees were given the choice of 2 methods of payment for the bailment of a taxi.

Once the determination was finalised, the Department of Industrial Relations worked closely with the relevantindustrial organisations namely, the Transport Workers Union and the Taxi Industry Association to ensure thatall bailors and bailees were fully informed of their rights and responsibilities.

This resulted in an extensive information campaign directed at bailors and bailees detailing recent variations tothe determination and promoting compliance with its terms.

Since that time the Department has been monitoring compliance in the industry and encouraging anyone withconcerns about breaches of the determination to lodge a complaint with the Department. Thus far, the

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Department has only been approached for assistance by a small number of bailees. While this is notconclusive in itself, it does not suggest a significant problem.

*333 COMMUNITY SERVICES—NATIONAL ENHANCED MEASLES CONTROL CAMPAIGN—MrCorbett asked the Attorney General, Minister for Industrial Relations, and Minister for Fair Tradingrepresenting the Minister for Community Services, Minister for Ageing, Minister for Disability Services, andMinister for Women—

During the National Enhanced Measles Control Campaign, what procedures will apply with regard to consentfor vaccination of:

(a) wards of the State; and

(b) children in the care of the Director-General of the Department of Community Services?

Answer—

The procedures with regard to consent for vaccination during the National Enhanced Measles ControlCampaign are outlined in Sections 20, 20A and 20B of the Children (Care and Protection) Act 1987, and theDepartment of Community Services’ Practice Manual Working with Children and Families.

The procedures are the same for wards of the State and for children in the care of the Director-General. Theprocedures state that when medical or dental treatment does not involve surgery either the Minister, or theperson in whose care or custody the child has been placed, are authorised to provide consent.

334 HEALTH—MMR VACCINE—Mr Corbett to ask the Minister for Public Works and Services representingthe Deputy Premier, Minister for Health, and Minister for Aboriginal Affairs—

335 HEALTH—NATIONAL ENHANCED MEASLES CONTROL CAMPAIGN—Mr Corbett to ask theMinister for Public Works and Services representing the Deputy Premier, Minister for Health, and Ministerfor Aboriginal Affairs—

336 URBAN AFFAIRS—SYDNEY WATER INQUIRY—Mr Cohen to ask the Treasurer, Minister for StateDevelopment, and Vice-President of the Executive Council representing the Minister for Urban Affairs andPlanning, and Minister for Housing—

*337 HEALTH—XENOTRANSPLANTATION—Mr Jones asked the Minister for Public Works and Servicesrepresenting the Deputy Premier, Minister for Health, and Minister for Aboriginal Affairs—

(1) Is the Minister aware of the dangers of xenotransplantation highlighted by US doctors?

(2) Do cross-species organ transplants pose a very real human health risk, given that animal viruses cancross the species barrier and infect and kill humans, and that there are over 20 known potentially lethal virusesthat can be transmitted from non-human primates to humans, including Ebola, Marburg, hepatitis A and B,herpes B, SV40 and SIV?

(3) Does transplanting living animal organs into humans circumvent the natural barriers that preventinfection (such as the skins and gastrointestinal tract) thereby facilitating the transmission of disease?

(4) Could an animal virus residing in a xenograft recipient become airborne, infecting scores of people andcause a potentially deadly viral epidemic?

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(5) (i) Will the Minister inform the House if any xenotransplantion research is being carried out in NewSouth Wales?

(j) If so, who is conducting the research?

(k) What are the sources of their funding?

Answer—

(1) I am advised by the NSW Department of Health that there has been a long standing debate regarding therisks and benefits of cross species organ transplantation.

(2) I am advised that there is a risk of transmission of infection between species, as there is for human donortransplants. An advisory committee to the National Health and Medical Research Council is currentlyconsidering the issue of xenotransplantation, and the need for national guidelines in Australia. The guidelineswould preclude use of non-human primates as donors because of the high risk of transmission of organismsthat may infect humans.

(3) Cells placed within the body are not affected by skin or gastrointestinal barriers. The primary concern isthat treatment of hyperacute rejection in the early stage of a transplant may inhibit the host’s ability to fightinfection.

(4) I am advised that the potential for human to human transmission of a previously unknown infectionwould be a very small risk. The nature and scale of such an infection would depend on the virus involved.

(5) (a) I have been advised by Departmental officers that no animal to human transplants have occurred inAustralia. Ethical approval is awaiting the deliberations of the National Health and MedicalResearch Council.

(b) Developmental research in New South Wales has been undertaken at Westmead and Prince ofWales hospitals.

(c) Funds have been obtained from the National Health and Medical Research Council.

*338 AGRICULTURE—ANIMALS FOR RESEARCH PURPOSES—Mr Jones asked the Minister for PublicWorks and Services representing the Minister for Agriculture, and Minister for Land and WaterConservation—

(1) Is Cabinet currently considering the report of the working party on the supply of pound-sourced animalsfor research purposes?

(2) Does this report acknowledge that the supply of companion animals for research purposes is inhumaneand unnecessary?

(3) Does the report recommend that councils be prohibited from supplying research and educationalinstitutions with companion animals?

(4) When will the report of the working party on pound-sourced animals for research be released?

(5) Will the Minister then make an announcement prohibiting the supply of pound-sourced animals toresearch and educational institutions?

Answer—

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(1) The Government is considering the issue.

(2) The report sets out the diverse views and opinions put forward by interest groups and the public inregard to this issue.

(3) The report sets out a number of options with regard to this issue for Government consideration.

(4) The report was prepared for the Government to assist it with its consideration of this issue. This matter isbeing considered by Cabinet and it would not be appropriate to release the report at this stage.

(5) Government decisions on this issue will be announced once consideration has been completed. This isexpected in the near future.

*339 AGRICULTURE—ANIMAL ETHICS COMMITTEES—Mr Jones asked the Minister for Public Works andServices representing the Minister for Agriculture, and Minister for Land and Water Conservation—

(1) Are all institutions which use animals for scientific purposes in New South Wales required to establishan Animal Ethics Committee to ensure that the use of animals complies with the relevant legislation?

(2) Must each Animal Ethics Committee comprise of at least four persons including an animal welfareperson (category C) and an independent person (category D)?

(3) Does the Australian Code of Practice for the Care and Use of Animals for Scientific Purposes requirethat the independent person (category D) be a member of the wider community who can contribute differentand independent perspectives to the deliberation of the committee?

(4) Does that code also require that the independent person have no other association with the institutionapart from his/her membership of the Animal Ethics Committee?

(5) Is Lady Sonia McMahon a category D member of the Microsearch Foundation’s Animal EthicsCommittee?

(6) (a) Is Lady Sonia McMahon also a Director of the Microsearch Foundation?

(b) If so, how can Lady McMahon be regarded as an independent member of Microsearch’s AnimalEthics Committee?

(7) Is Microsearch’s appointment of Lady McMahon in breach of the Australian Code of Practice for theCare and Use of Animals for Scientific Purposes?

(8) (a) Has the animal welfare representative recently been sacked from Microsearch’s Animal EthicsCommittee?

(b) If so, why?

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(9) (a) Do these developments indicate that the Microsearch’s Animal Ethics Committee is not functioningproperly?

(b) If so, what does the Minister intend to do about it?

Answer—

(1) Yes, or where an institution is not large enough to have its own Animal Ethics Committee (AEC),research may be approved by an external AEC, for example the Director-General’s ACEC.

(2) Yes.

(3) The Australian Code of Practice for the Care and Use of Animals for Scientific Purposes requires aCategory D AEC member to be: “an independent person who does not currently and has not previouslyconducted scientific or teaching activities using animals, and who is not an employee of the institution, exceptunder defined circumstances”.

(4) The Australian Code of Practice recommends that the Category D member have no other associationwith the institution apart from his/her membership of the Committee.

(5) to (7) Lady Sonia McMahon is a Director of the Microsearch Foundation and is a member of theMicrosearch Animal Ethics Committee.

Microsearch has been instructed that as a Director of Microsearch, Lady Sonia McMahon is not able to be amember of the AEC as a Category D member. Lady Sonia McMahon is able to remain on the AEC in ageneral capacity. Microsearch has another Category D member on its AEC.

(8) and (9) The Animal Research Review Panel recently completed an extensive investigation of the activitiesof the Microsearch Foundation, which included the examination of matters raised in a complaint made to theDirector-General of New South Wales Agriculture about the Microsearch Foundation AEC. On the advice ofthe Panel, the Director-General dismissed the complaint.

I understand that the Microsearch Foundation has replaced one of the Category C (animal welfare) memberson its AEC. Recent inspections have determined that the Committee is functioning well. The situation willcontinue to be monitored by New South Wales Agriculture inspectors and the Animal Research Review Panel.

*340 ENVIRONMENT—LUCAS HEIGHTS—Mr Jones asked the Attorney General, Minister for IndustrialRelations, and Minister for Fair Trading representing the Minister for the Environment—

(1) Have drums of radioactive waste, at the Lucas Heights nuclear reactor, leaked into the New South Walessewer system?

(2) Are they still leaking?

(3) Would such waste then be discharged into the ocean and onto Sydney’s beaches?

(4) What effect would this have on the marine environment?

(5) What has the NSW Environment Protection Authority done to rectify the situation?

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Answer—

(1) to (5) The Commonwealth site at Lucas Heights is not subject to New South Wales environmentallegislation and I am accordingly unable to advise on practices and conditions at the Lucan Heights reactor.

*341 PREMIER—NUCLEAR RESEARCH REACTORS—Mr Jones asked the Treasurer, Minister for StateDevelopment, and Vice-President of the Executive Council representing the Premier, Minister for the Arts,and Minister for Ethnic Affairs—

(1) (a) Is there a worldwide trend towards the closure of nuclear research reactors such as that at LucasHeights?

(b) If so, why?

(2) Have at least 13 serious accidents, 3 of which involved the loss of life, occurred at research reactorsaround the world?

(3) Has ANSTO itself been the site of accidents which caused:

(a) workers to be contaminated;

(b) pipes to rupture;

(c) fire to break out in radioisotope processing buildings;

(d) leaks of radioactive materials; and

(e) the leaking of highly radioactive fuel rods?

(4) Will the Premier ensure that a review is conducted of near-site residents’ health to ascertain the effects ofthe past 40-year operation of the ANSTO plant and an ongoing health monitoring system is installed?

Answer—

(1) to (3) The New South Wales Government has no direct control over the functioning or administration ofthe Lucas Heights reactor, nor does it have any involvement with research reactors in general. Therefore, Irecommend to Mr Jones that he refer these questions to the Federal Minister for Science and Technology, whohas the responsibility for Australia’s nuclear research program.

(4) The Premier is advised that epidemiological studies of the health of residents living near the reactor siteare unlikely to yield useful findings. This is because the important health outcomes known to be associatedwith radiation exposure, such as leukemia and birth defects, are rare. Hence their occurrence is difficult tostudy in a population of this size and even more difficult to link with a specific environmental source.However, reliable data is available for the Sutherland Shire as a whole. This data indicates that the incidencerates of birth defects, leukemia and other forms of cancer in the Sutherland Shire do not vary significantly fromthose for NSW as a whole.

With regard to an ongoing health monitoring system, this is best achieved through existing health surveillanceprograms including: the Hospital Inpatient Statistics Collection; the NSW Birth Defects Register, the NSWCancer Registry; and ABS Census and Mortality data.

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*342 ENVIRONMENT—ADI SITE—Mr Jones asked the Attorney General, Minister for Industrial Relations, andMinister for Fair Trading representing the Minister for the Environment—

(1) What study has been undertaken on the ADI site at St Marys to determine the level of contamination ofthe site?

(2) Is there a risk of this contamination to the health of future residents of the site?

(3) Do residents of the region want this entire site as a federation park to be declared in 2001?

(4) Will the Minister negotiate to reserve this entire site for such park?

Answer—

(1) and (2) The ADI site was investigated and remediated by the environment consulting arm of ADI, a whollyowned Commonwealth Government entity, for the purpose of commercial redevelopment by theCommonwealth and Lend Lease. The remediation was undertaken to a level to allow rezoning anddevelopment of the site for residential and commercial purposes. The EPA reviewed all reports, except for onesector of the site, and agreed the procedures were consistent with the national Guidelines for the Assessmentand Management of Contaminated Sites.

(3) I understand that Penrith City Council has lodged an application with the Commonwealth Government’sFederation Fund for this purpose.

(4) The future use of the site will be negotiated through the current regional environmental planning processfor the ADI site.

*343 ENVIRONMENT—WOODWARD ROYAL COMMISSION—Mr Jones asked the Attorney General,Minister for Industrial Relations, and Minister for Fair Trading representing the Minister for theEnvironment—

(1) Did Recommendation 9.75 of the Woodward Royal Commission into the Australian Meat Industry say:“considerable attention should be paid to that activities of pet meat producers. Mobile chillers and packingsheds should be visited unannounced, from time to time, by meat inspectors, stock inspectors and policeofficers”?

(2) Has this recommendation been adopted by the National Parks and Wildlife Service?

(3) How many unannounced visits were made to mobile chillers and packing sheds in 1997?

(4) What problems were found on these unannounced visits?

Answer—

(1) Yes.

(2) The New South Wales Kangaroo Management Program requires routine and ad hoc inspections of alllicensed premises including chillers by National Parks and Wildlife Service staff. There is only one licensedmobile chiller in New South Wales. The National Parks and Wildlife Service does not have a record of theinspection activities of meat inspectors, stock inspectors or police officers.

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(3) There were over 150 unannounced inspections of chillers and processing plants in 1997 by NationalParks and Wildlife Service staff. This is complemented by a computer system which provides ready access andthe ability to cross-reference data from kangaroo industry returns. The Regional and District Offices haveaccess to the system.

(4) Only minor infringements of the National Parks and Wildlife Act 1974 were observed during theseinspections in 1997. Personal infringement notices or warnings were issued.

*344 AGRICULTURE—CRABS—Mr Jones asked the Minister for Public Works and Services representing theMinister for Agriculture, and Minister for Land and Water Conservation—

(1) Is the Minister aware of the cruelty caused to crabs by being bound tightly and sold live to members ofthe public?

(2) Is there a limit on how long live crabs can be bound?

(3) Do cruelty laws in relation to crustaceans not apply to members of the public and therefore there is nocontrol on cruelty to crabs being bought alive?

(4) Will the Minister amend the law to cover crabs sold live and the binding of crabs?

Answer—

(1) I am aware that the claws of crabs are bound before they are sold. In part, this is to protect the buyersfrom the crabs’ claws, but it also serves to protect the crabs from each other.

(2) The legislation does not limit the length of time they are bound, but I would not expect it to beexcessively long as the retailer would be looking for a quick sale while the crab remains healthy and in goodcondition. The same would apply to the length of time they would be held by the consumer.

(3) and (4) This Government supported amendments proposed by the Hon. Richard Jones MLC to expand thePrevention of Cruelty to Animals Act to include crabs when at a building or place where food is prepared oroffered for consumption by retail sale. I will not consider further amendments until the impact of this recentchange has been assessed.

*345 ENVIRONMENT—PESTICIDES—Mr Jones asked the Attorney General, Minister for Industrial Relations,and Minister for Fair Trading representing the Minister for the Environment—

(1) Is the Minister aware that European countries are set to become signatories to two new protocols whichwill bind them to reducing discharges of 3 heavy metals and 16 persistent organic pollutants, including 11different pesticides?

(2) Is the Minister also aware that there is broad agreement that those substances have serious health effectsand cause damage to flora and fauna?

(3) What, if anything, is being done to reduce the discharge of pesticides in New South Wales?

Answer—

(1) I am advised that there are discussions on a Draft Protocol to the Convention on Long-RangeTransboundary Air Pollution on Persistent Organic Pollutants which has been prepared by the EconomicCommission for Europe.

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(2) I am advised that the substances listed were included with awareness that they resist degradation andhave been associated with adverse effects on human health and the environment.

(3) The pesticides listed in the protocol are not currently registered or permitted for use as a pesticide inNew South Wales.

*346 CORRECTIVE SERVICES—VIOLENCE IN PRISONS—Mr Jones asked the Attorney General, Ministerfor Industrial Relations, and Minister for Fair Trading representing the Minister for Energy, Minister forTourism, Minister for Corrective Services, Minister for Emergency Services, and Minister Assisting thePremier on the Arts—

(1) (a) Have there been 16 deaths in New South Wales prisons in the last 8 months?

(b) If so, have half of these deaths been unconvicted prisoners?

(c) Why have these deaths occurred?

(2) (a) Do minimum risk prisoners mix freely with maximum security inmates in yard 7 at Goulburn Jail?

(b) If so, why is this allowed?

(3) (a) Have four inmates been murdered under the same shelter in maximum security yard 7 at GoulburnJail since October 1997?

(b) Why do deaths continue to occur at this spot despite the installation of a surveillance camera?

(4) Why have there been nine deaths in custody at Silverwater Metropolitan Reception and Remand Centre(MRRC) since the institution opened 12 months ago?

(5) (a) Why were six of these suspected hanging suicides?

(b) Why has the Minister been unsuccessful in ridding the MRRC of hanging points?

(6) Will the Minister immediately conduct an inquiry into prison violence in New South Wales?

Answer—

(1) (a) There have been 16 deaths in prison custody between 1.1.98 and 9.9.98, which is 10 fewer than forthe same period last year - a decline of 38%.

(b) Yes.

(c) Coronial inquests have yet to be held in respect of deaths occurring since 1.1.98.

(2) (a) No. The honourable member may be confusing security classification with protection status. Aminimum/medium/maximum security classification refers to the security risk posed by theindividual inmate. Although undesirable due to the loss of privileges it inevitably involves, aminimum or medium security inmate can be held in higher security conditions than their individualclassification indicates. This is quite unrelated to protection/strict protection status, which isavailable across all security classifications and indicates that the individual inmate may be at riskfrom other inmates.

(b) Not applicable.

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696

(3) (a) I am advised that three of the four deaths occurred under a shelter. The deaths referred to are stillsubject to coronial inquiry, hence no cause of death can be formally attributed. However, there canbe no doubt that violence was involved on each occasion.

(b) There has been one death since the installation of a surveillance camera. The need for additionalphysical or other security measures is constantly re-evaluated and will also be a question consideredby the coroner.

(4) The Metropolitan Remand and Reception Centre did not open 12 months ago. It was officially opened on4 July 1997, and has accommodated inmates since 8 April 1997.

Since a coronial inquest has been held in respect of only one death, it is not possible to formally attributecauses for most of the deaths, let alone provide explanations for them. The outcomes of coronial inquests are amatter of public record.

The eight deaths in 1997/98 at the Metropolitan Remand and Reception Centre is entirely comparable to thenumber of deaths in 1996/97 at the three gaols which then housed the same inmate population - the RemandCentre and the Reception and Induction Centre at Long Bay and Parramatta Correctional Centre. These gaolsalso had a total of eight deaths in 1996/97.

(5) (a) As a coronial inquest has been held in respect of only one death, it is neither possible norappropriate to provide an answer. Even when coronial inquests are completed in such cases, it isnot always possible to explain the motivations behind a suicide, or even to determine whether thedeceased had in fact intended to take his or her life.

The findings of the first Inmate Health Survey, conducted recently by the Corrections HealthService, are worth noting in this context. The survey found, for example, that 54% of female and37% of male inmates had contemplated suicide at some stage in their lives; 39% of female and 21%of male inmates had previously attempted suicide (the majority in the community, not in custody); ofthese inmates, 65% stated that their suicide attempts were impulsive and more than 75% did nottalk to anyone about their intentions prior to the attempt. Findings on mental health, self-harm andsubstance abuse histories provide a similar picture.

If the honourable member’s question is based on the assumption that it is unusual for a significantproportion of prison suicides to occur among a remand or newly sentenced population, this iserroneous. Not only are inmates on remand or newly sentenced under far greater stress than anyother part of the inmate population (due to court proceedings and the initial stresses associated withentering a prison environment), they are often withdrawing from various combinations of drugs.Complicating this, there is constant change and movement in remand populations, with inmatesbeing received and discharged often within very short periods of time. Prison staff are unable tobecome familiar with individual inmates in the same way that staff at gaols of classification do,enabling them to recognise signs of possible problems with a particular individual and henceintervene.

For this reason, however, there is an intensive investment of suicide prevention resources at remandcentres. Through risk assessment procedures, welfare, medical and custodial staff identify andindeed prevent many self-harm attempts each week in this high risk population.

(b) As the Royal Commission into Aboriginal Deaths in Custody made plain, the focus of suicideprevention should be on improving human interaction (as well as striving to achieve diversion fromcustody).

Complete removal of hanging points can only be achieved within specially constructed “safe cells.”

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697

Mental health professionals are reluctant to use “safe cells” unless an inmate is identified as acutelysuicidal and then for only an extremely limited period of time - usually a matter of hours. Hanging deaths in custody have included cases where inmates have strangled themselves with anitem of clothing tied to the leg of a bed, indicating that anything at all can become a “hanging point”given sufficient motivation.

That is why “safe cells” contain a concrete block for a bed and a metal toilet also set into a concreteblock. Clothing of acutely suicidal inmates also sometimes has to be removed and inmates arepermitted only overalls or “safe cell” blankets which are very difficult to tear into strips to make anoose.

Neither professional mental health staff nor prisoner support organisations advocate a focus onremoval of all possible hanging points to counter inmate suicide. The reduction of obvious potentialhanging points in reception centres is only one of a range of strategies jointly initiated by theDepartment of Corrective Services and the Corrections Health Service. The strategies includeestablishment of Acute Crisis Management Units in each region to supplement existingmanagement options at Long Bay Correctional Complex (Long Bay Hospital and the Kevin WallerTherapeutic Unit) and Mulawa (the Mum Shirl Unit); formation of Risk Intervention Teams atevery gaol and a Crisis Intervention Team at the MRRC; appointment of a Clinical Coordinator, AtRisk Inmates to oversight programs for “at-risk” inmates and provide clinical supervision formental health staff across the state; and staff training and protocols in recognition of “at-risk”behaviour on reception into Departmental custody at court and during induction, screening and thecase management process. There are, of course, additional culturally specific measures, based onthe recommendations of the Royal Commission into Aboriginal Deaths in Custody, aimed atpreventing self-harm and suicide among the Aboriginal inmate population.

(6) The Minister has no intention of supplanting the work of the coroner, who has shown great thoroughnessand rigour in the inquests he has conducted. It is also true that deaths are declining (see (1)(a) above), as areserious assaults (ie. assaults on inmates causing injury and assaults on officers potentially causing injury),which are a far more accurate indicator of prison violence levels.

Nevertheless, it is unarguable that every possible step must be taken to minimise assaults still further. To thisend, a high level Interdepartmental Violence Prevention Committee was established in March 1998, under theleadership of the Assistant Commissioner for Inmate Management, to examine issues and develop acomprehensive strategy in the management and prevention of violence in the correctional system.

*347 ENVIRONMENT—COPETON DAM—Mr Jones asked the Attorney General, Minister for IndustrialRelations, and Minister for Fair Trading representing the Minister for the Environment—

(1) Have members of Armidale Friends of the Earth recently breached the Clean Waters Act?

(2) Did group members dump 50 kilograms of manure into the Copeton Dam?

(3) Is such an action open to prosecution by the Environment Protection Authority (EPA) under the CleanWaters Act?

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698

(4) (a) Has the EPA initiated proceedings against the people involved?

(b) If not, why not?

(5) Was the manure in question collected from the foreshore of Copeton Dam?

(6) Is the Department of Land and Water Conservation (DLWC) currently agisting up to 1,000 head of cattleon the foreshore of the dam?

(7) Do those cattle produce thousands of tonnes of manure and urine each year?

(8) Where does that manure and urine end up?

(9) Does rainfall run-off from the foreshore wash manure and urine into the reservoir?

(10) (a) Is the run-off polluting and contaminating the Copeton Dam reservoir?

(b) If so, could such pollution and contamination cause eutrophication of the reservoir and subsequentblue green algal blooms as well as outbreaks of cryptosporidiosis and giardia?

(11) (a) Is the DLWC, through the agistment of cattle on the foreshore of a New South Wales water storagearea, conforming to the Clean Waters Act?

(b) If not, will the Minister ensure that the DLWC removes the cattle as soon as possible?

Answer—

(1) to (3) The legislation is quite clear that as the Minister for the Environment I may not direct theEnvironment Protection Authority in terms of its prosecution action. Consequently, I am not in a position tocomment on this matter.

(4) (a) No.

(b) The EPA informs me that a television crew attended this pre-arranged media event. Given thisevent was staged for the media the EPA informs me that it has considered this matter in the contextof its Prosecution Guidelines and believes that it would not be appropriate to divert EPA resourcesaway from higher priority and more legitimate environmental incidents.

(5) I have no information about where the Friends of the Earth gathered manure.

(6) to (8) The Department of Land and Water Conservation manages the foreshores of Copeton Dam. Thesequestions should rightly be directed to the Minister for Land and Water Conservation.

(9) As I understand the process, transport of material from a catchment will depend on many factorsincluding: the intensity and duration of the rainfall; the slope of the land; the proximity to water courses; thedensity of the material; and, the density of the vegetation cover.

(10) (a) and (b) I understand that the Department of Land and Water Conservation monitors the waterquality in its storages. This question could be more fully answered by my colleague theMinister for Land and Water Conservation. The question of potential disease outbreakscould be more correctly answered by my colleague the Minister for Health.

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699

(11) (a) The EPA has informed me that it does not believe that the Department of Land and WaterConservation is currently breaching the Clean Waters Act.

(b) The EPA will liaise with the Department of Land and Water Conservation to remind them of itsobligations under the environmental legislation with respect to water pollution.

*348 URBAN AFFAIRS AND HOUSING—WASTE SLUDGE—Mr Jobling asked the Treasurer, Minister forState Development, and Vice-President of the Executive Council representing the Minister for Urban Affairsand Planning, and Minister for Housing—

(1) (a) Sydney Water’s human waste sludge, containing the parasites giardia and cryptosporidium beingtrucked each day to 17 local government areas including Wingecarribee, Goulburn and the BlueMountains for use as biosolids in agriculture, forestry, composting and land rehabilitation?

(b) If so, is this practice part of an aggressive Sydney Water marketing campaign designed to increasethe demand for such biosolids?

(3) Can the Minister confirm whether this waste sludge is being used in Bathurst, Cabonne, Coolah, Cowra,Dubbo, Mudgee and Parkes and at BHP’s Port Kembla steel works as a soil substitute?

(4) Will the Minister confirm whether any testing for giardia and cryptosporidium is carried out on waterrun-off from livestock production near Goulburn where high applications of the sludge have been used?

(5) What safety guidelines are being used to evaluate bacterial pathogens in soil samples fromestablishments using the waste sludge?

(6) Has the Government reviewed the Environment Protection Authority’s guidelines for the use anddisposal of biosolid products since the recent water crisis?

Answer—

(1) (a) Sydney Water has established a diversified program for the beneficial recycling of biosolids.Biosolids are the waste water solids collected at sewage treatment plants, which have beenadequately processed so as to enable use in accordance with New South Wales EPA Guidelines.

Biosolids are utilised in the Wingecarribee and Goulburn areas in agriculture, forestry and landrehabilitation, but not on a daily basis. No biosolids are used in the Blue Mountains, other than asmall amount occasionally used on the Springwood Golf Course.

(b) There is no aggressive marketing campaign by Sydney Water to increase the demand for biosolids.The results speak for themselves, and demand exceeds available supply.

(2) Biosolids are applied in the Bathurst, Cabonne, Coolah, Cowra, Dubbo, Mudgee and Parkes areas in fullaccordance with the EPA Guidelines. Sydney Water does not supply biosolids to BHP Port Kembla as at endof August 1998.

(3) Sydney Water monitors indicator pathogens at application research sites and has found no deteriorationof water quality downstream of the research site near Goulburn. This site monitoring does not include giardiaand cryptosporidium, however, all research data has confirmed that there is no movement of biosolids off theapplication sites. Application rates are quite low with normal commercial practice at 10 dry tonnes perhectare.

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700

(4) Biosolids are applied under licences issued by the EPA and in full accordance with EPA Guidelines. Thesoil is tested for contaminants (heavy metals and organic chemicals) prior to application of biosolids. There isno requirement to test for bacterial pathogens, which would almost certainly be present in the soil from otheragricultural activities. The risks posed by pathogens in biosolids are minimised by appropriate sitemanagement.

(5) This question should be referred to the Minister for the Environment.

10 SEPTEMBER 1998

(Paper No. 58)

349 HEALTH—NSW IMMUNISATION ADVISORY COMMITTEE—Mr Corbett to ask the Minister forPublic Works and Services representing the Deputy Premier, Minister for Health, and Minister for AboriginalAffairs—

350 HEALTH—NEW CHILDREN’S HOSPITAL—Mr Corbett to ask the Minister for Public Works andServices representing the Deputy Premier, Minister for Health, and Minister for Aboriginal Affairs—

351 SPORT AND RECREATION—SPORT FOR CHILDREN WITH DISABILITIES—Mr Corbett to ask theMinister for Public Works and Services representing the Minister for Sport and Recreation—

(b) If not, why not?

*352 TREASURER—ARTHUR ANDERSEN REPORT—Mr Hannaford asked the Treasurer, Minister for StateDevelopment, and Vice-President of the Executive Council—

Did the Treasurer engage accounting firm Arthur Andersen to produce the report entitled “Broad BasedIndirect Tax: analysis of the impact on the households”?

(a) If so, how much did this report cost?

(b) On what date was Arthur Andersen commissioned to undertake the analysis?

Answer—

(a) The report “Broad Based Indirect Tax: analysis of the impact on the household” commissioned fromArthur Andersen cost $19,000.

(b) Arthur Andersen was commissioned to undertake the analysis on 12 June 1998.

16 SEPTEMBER 1998

(Paper No. 59)

353 HEALTH—AUSTRALIAN IMMUNISATION HANDBOOK—Mr Corbett to ask the Minister for PublicWorks and Services representing the Deputy Premier, Minister for Health, and Minister for AboriginalAffairs—

354 HEALTH—MMR VACCINE—Mr Corbett to ask the Minister for Public Works and Services representingthe Deputy Premier, Minister for Health, and Minister for Aboriginal Affairs—

LEGISLATIVE COUNCIL QUESTIONS AND ANSWERSTuesday 13 October 1998

701

355 HEALTH—IMMUNISATION INCENTIVES SCHEME—Mr Corbett to ask the Minister for Public Worksand Services representing the Deputy Premier, Minister for Health, and Minister for Aboriginal Affairs—

*356 HEALTH—CLASSIFICATION OF MEDICAL EVIDENCE—Mr Corbett asked the Minister for PublicWorks and Services representing the Deputy Premier, Minister for Health, and Minister for AboriginalAffairs—

(1) Can medical evidence be classified from Level 1 to Level 5 to determine the strength of that evidence?

(2) If so:

(a) what is the criteria used to determine each level of evidence?

(b) who determines the criteria for each level of evidence?

Answer—

(1) and (2) I am advised by the New South Wales Department of Health that there are a number of ways ofrating evidence on which to base clinical guidelines or other recommendations. They are all based onjudgements of the quality of the studies from which the evidence is derived and an acceptance that certaintypes of study (such as those involving large numbers of people randomised to alternative treatments) aremore likely to provide unbiased evidence than are other study types or expert opinion.

The New South Wales Department of Health adapted US Preventive Services Taskforce criteria as part of thedocument Methods for Evaluating Research Guideline Evidence (MERGE) in 1996. The MERGE criteriahave five levels and include a statement about the likely bias associated with various study types. The NewSouth Wales Health document also proposes a standard approach to the entire process of reviewing publishedevidence rather than simply setting out simple criteria.

Whichever method is used, the criteria still have to be applied, and this requires some expertise in the area ofcritical appraisal of published literature. In order to meet accepted standards for clinical guidelines it would beexpected that credible and explicit rating criteria were used.

357 HEALTH—USE OF VITAMIN A—Mr Corbett to ask the Minister for Public Works and Servicesrepresenting the Deputy Premier, Minister for Health, and Minister for Aboriginal Affairs—

358 COMMUNITY SERVICES—JOINT INVESTIGATION TEAM—Mrs Forsythe to ask the Attorney General,Minister for Industrial Relations, and Minister for Fair Trading representing the Minister for CommunityServices, Minister for Ageing, Minister for Disability Services, and Minister for Women—

359 COMMUNITY SERVICES—JOINT INVESTIGATION TEAM—Mrs Forsythe to ask the Attorney General,Minister for Industrial Relations, and Minister for Fair Trading representing the Minister for Police—

360 COMMUNITY SERVICES—GROUP HOMES—Mrs Forsythe to ask the Attorney General, Minister forIndustrial Relations, and Minister for Fair Trading representing the Minister for Community Services,Minister for Ageing, Minister for Disability Services, and Minister for Women—

361 COMMUNITY SERVICES—PADP SCHEME—Mrs Forsythe to ask the Attorney General, Minister forIndustrial Relations, and Minister for Fair Trading representing the Minister for Community Services,Minister for Ageing, Minister for Disability Services, and Minister for Women—

LEGISLATIVE COUNCIL QUESTIONS AND ANSWERSTuesday 13 October 1998

702

362 COMMUNITY SERVICES—NORFOLK AT PEAT ISLAND—Mrs Forsythe to ask the Attorney General,Minister for Industrial Relations, and Minister for Fair Trading representing the Minister for CommunityServices, Minister for Ageing, Minister for Disability Services, and Minister for Women—

363 COMMUNITY SERVICES—RENOVATIONS AT PEAT ISLAND—Mrs Forsythe to ask the AttorneyGeneral, Minister for Industrial Relations, and Minister for Fair Trading representing the Minister forCommunity Services, Minister for Ageing, Minister for Disability Services, and Minister for Women—

364 COMMUNITY SERVICES—HOLIDAYS FOR RESIDENTS AT PEAT ISLAND—Mrs Forsythe to ask theAttorney General, Minister for Industrial Relations, and Minister for Fair Trading representing the Minister forCommunity Services, Minister for Ageing, Minister for Disability Services, and Minister for Women—

365 COMMUNITY SERVICES—DOCS PROPERTY SALES—Mrs Forsythe to ask the Attorney General,Minister for Industrial Relations, and Minister for Fair Trading representing the Minister for CommunityServices, Minister for Ageing, Minister for Disability Services, and Minister for Women—

*366 COMMUNITY SERVICES—PREPARATION OF TRANSITION PLAN—Mrs Forsythe asked the AttorneyGeneral, Minister for Industrial Relations, and Minister for Fair Trading representing the Minister forCommunity Services, Minister for Ageing, Minister for Disability Services, and Minister for Women—

(1) (a) Has the Ageing and Disability Department prepared costing of the total estimated cost incurred intransition plan preparation?

(b) If so:

(i) what was the total cost?

(ii) what was the total implicit public cost?

(iii) what was the total explicit public cost?

(2) How many transition plans were prepared?

(3) How many transition plans have been approved?

(4) (a) Have any approvals been subject to appeal?

(b) If so, how many?

(5) What was the total cost of the transition plans approved?

(6) How much money has been provided for plan implementation?

(7) How many plans are currently being implement?

LEGISLATIVE COUNCIL QUESTIONS AND ANSWERSTuesday 13 October 1998

703

Answer—

(1) (a) Yes.

(i) The total estimated cost was $18,515,233.(ii) The total estimated implicit public cost was $4,520,256.(iii) The total estimated explicit public cost was $13,994,977.

(2) The total number of government and non-government service delivery agencies submitting transitionplans was 840.

(3) To date, the total number of adopted/approved transition plans is 817.

22 SEPTEMBER 1998

(Paper No. 61)

367 TREASURER—TRANSGRID—Mr Hannaford to ask the Treasurer, Minister for State Development, andVice-President of the Executive Council—

368 TREASURER—DISAGGREGATION OF PROPERTIES FOR LAND TAX—Mr Hannaford to ask theTreasurer, Minister for State Development, and Vice-President of the Executive Council—

369 ATTORNEY GENERAL—ILLAWARRA COKE COMPANY—Mr Jones to ask the Attorney General,Minister for Industrial Relations, and Minister for Fair Trading representing the Minister for theEnvironment—

370 PUBLIC WORKS AND SERVICES—KEMBLA COAL AND COKE—Mr Jones to ask the Minister forPublic Works and Services representing the Minister for Mineral Resources, and Minister for Fisheries—

371 TREASURER—WOMBARRA DRAINAGE TUNNEL PROJECT—Mr Jones to ask the Treasurer, Ministerfor State Development, and Vice-President of the Executive Council representing the Minister for Transport,and Minister for Roads—

372 TREASURER—WOLLONGONG FLOOD DAMAGE—Mr Jones to ask the Treasurer, Minister for StateDevelopment, and Vice-President of the Executive Council representing the Minister for Urban Affairs andPlanning, and Minister for Housing—

373 TREASURER—WOMBARRA DRAINAGE TUNNEL—Mr Jones to ask the Treasurer, Minister for StateDevelopment, and Vice-President of the Executive Council representing the Minister for Transport, andMinister for Roads—

24 SEPTEMBER 1998

(Paper No. 63)

374 ROADS—EASTERN DISTRIBUTOR—Mr Gay to ask the Treasurer, Minister for State Development, andVice-President of the Executive Council representing the Minister for Transport, and Minister for Roads—

375 REGIONAL DEVELOPMENT—NATIONAL TEXTILES—Mr Gay to ask the Treasurer, Minister for StateDevelopment, and Vice-President of the Executive Council representing the Minister for RegionalDevelopment, and Minister for Rural Affairs—

LEGISLATIVE COUNCIL QUESTIONS AND ANSWERSTuesday 13 October 1998

704

13 OCTOBER 1998

(Paper No. 64)

376 URBAN AFFAIRS AND PLANNING—WINGECARRIBEE SWAMP—Mr Jones to ask the Treasurer,Minister for State Development, and Vice-President of the Executive Council representing the Minister forUrban Affairs and Planning, and Minister for Housing—

(1) Did peatland in Wingecarribee Swamp experience a massive and catastrophic landslip intoWingecarribee Reservoir during a storm on 8-9 August 1998?

(2) Did the landslip start with the failure of a high exposed face of a void in the peat bed at the edge of adredge pool in which peat mining had been in progress?

(3) Has the Minister received a copy of the report ”Mass Movement in Wingecarribee Swamp on 8-9August 1998”, produced by the eminent scientist and hydrologist Dr Emmett O’Loughlin and commissionedby the National Parks Association?

(4) Does the Minister accept that the likely cause of the catastrophic landslip was the peat mining which wasnot suspended until March 1998 when the Minister placed an Interim Conservation Order over the land?

(5) Has the landslip destroyed the unique and stable peatland ecosystem of Wingecarribee Swamp, whichwas 12,000 years in the making?

(6) Is the Swamp still unstable and continuing to slide, slump and erode daily?

(7) Will resultant changes in the Swamp’s hydrological environment alter the habitat of the severalendangered species which are present in the Swamp?

(8) Does landslip have immediate and long-term consequences for the quality of water feeding into localtowns and the Sydney supply system?

(9) Has the ability of the Wingecarribee Swamp to filter or improve water quality before it entersWingecarribee Reservoir been eliminated?

(10) Can that ability only be recovered if the former drainage pattern of the Swamp is restored?

(11) Will the Minister ensure that every attempt is made to restore the Swamp as soon as possible?

(12) Will the Minister also ensure that a meteorological, hydrological and geographical data collection andanalysis program, to monitor the physical changes that occur in the Swamp as it dries, and a plan for firecontrol are immediately implemented?

(13) Will the Minister advise whether Sydney Water will meet the costs of the data collection and analysisprogram and the restoration work?

377 TRANSPORT—TAXI OPERATORS—Mr Jones to ask the Treasurer, Minister for State Development, andVice-President of the Executive Council representing the Minister for Transport, Minister for Roads—

(1) How many taxi drivers have been booked for not displaying their ID each year since 1990?

(2) How many taxi operators have been booked for not displaying their ID each year since 1990?

LEGISLATIVE COUNCIL QUESTIONS AND ANSWERSTuesday 13 October 1998

705

(3) How many taxi drivers have been booked for eating in their cabs each year since 1990?

(4) How many taxi operators have been booked for eating in their cabs each year since 1990?

(5) How many taxi drivers have been booked for not wearing their uniform each year since 1990?

(6) How many taxi operators have been booked for not supplying uniforms each year since 1990?

(7) How many taxi drivers have been convicted for fraud each year since 1990?

(8) How many taxi operators have been convicted for fraud each year since 1990?

378 TRANSPORT—TAXI INCIDENTS—Mr Jones to ask the Treasurer, Minister for State Development, andVice-President of the Executive Council representing the Minister for Transport, Minister for Roads—

(1) How many taxi operators have been assaulted since mandatory reporting commenced?

(2) How many taxi drivers have been assaulted since mandatory reporting commenced?

(3) How many taxi operators have been robbed since mandatory reporting commenced? (4) How many taxi drivers have been robbed since mandatory reporting commenced?

(5) How many taxi operators have been injured since mandatory reporting commenced?

(6) How many taxi drivers have been injured since mandatory reporting commenced?

(7) How many incidents have occurred since mandatory reporting commenced?

(8) How many taxi networks are recording incident reports since mandatory reporting commenced?

(9) How many taxi incidents have been reported to the police since mandatory reporting commenced?

(10) How many taxi incidents have been reported to the WorkCover Authority since mandatory reportingcommenced?

379 PREMIER—NATIONAL PARKS—Mr Jones to ask the Treasurer, Minister for State Development, andVice-President of the Executive Council representing the Premier, Minister for the Arts, and Minister forEthnic Affairs—

(1) Did the Premier announce during the 6.30 a.m. news on 2BL radio this morning that his Government hadcreated 66 new national parks?

(2) Could the Premier provide the names of those parks, the area each park encompasses and brief details ofeach park?

380 CORRECTIVE SERVICES—CORRECTIONAL CENTRES IN NEW SOUTH WALES—Mr Jones to askthe Attorney General, Minister for Industrial Relations, and Minister for Fair Trading representing theMinister for Energy, Minister for Tourism, Minister for Corrective Services, Minister for Emergency Services,and Minister Assisting the Premier on the Arts—

LEGISLATIVE COUNCIL QUESTIONS AND ANSWERSTuesday 13 October 1998

706

(1) What is the current inmate population at all correctional centres in New South Wales?

(2) (a) What is the expected inmate population at all correctional centres for December 1998?

(b) (i) Is this an increase on the population for the same time last year?

(ii) If so, what is the reason for this increase?

(3) (a) What is the current remand population in New South Wales prisons?

(b) (i) Has this increased since the same time last year?

(ii) If so, what is the reason for this increase?

(4) How many attempted suicides and assaults on prisoners (including prisoner on prisoner; officers onprisoners) have there been at correctional centres in New South Wales so far this year?

(5) How are the families of prisoners who die in custody assisted in retrieving the deceased prisoner’sproperty and commencing inquest proceedings?

(6) (a) What is the current ratio of bed spaces to inmates in New South Wales prisons?

(b) How many bed spaces are available for prisoners on remand?

(c) How do correctional facilities house inmates when there is a greater number of inmates than bedsavailable?

(7) (a) Has the New South Wales prison population remained relatively stable but the remand populationhas increased?

(b) If so, why and what is being done about it?

(8) Has the rise in the remand population resulted in overcrowding in correctional centres in New SouthWales?

(9) (a) Is overcrowding in prisons a contributing factor to the high rate of violence and deaths in custody inNew South Wales correctional facilities?

(b) If not, what is the reason for the high rate violence and deaths in custody in New South Walescorrectional facilities?

(9) Will the Minister immediately conduct an inquiry into prison violence and overcrowding in New SouthWales correctional facilities in consultation with community groups such as Council for Civil Liberties, CRCJustice Support and the Indigenous Social Justice Association?

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707

381 GAMING AND RACING—CREDIT BETTING—Mr Jones to ask the Minister for Public Works andServices representing the Minister for Gaming and Racing, and Minister Assisting the Premier on HunterDevelopment—

(1) (a) Has the Department of Gaming and Racing ever prosecuted a hotel or club for breach of the creditbetting laws?

(b) If not, why not?

(2) Have the Department’s officers declined to act on complaints made by the Wesley GamblingCounselling Service against several hotels or clubs?

(3) (i) Did the Wesley Gambling Counselling Service provide the Department with detailed evidence ofone Sydney club which had issued a customer a $23,000 invoice for money it had lent him togamble on its machines?

(ii) Does such action constitute extending credit for the purpose of betting and is therefore illegal?

(iii) Did the Department respond by stating that the issue needed to be resolved between the club andthe customer?

(iv) If so, why?

(v) Has the Department conducted any such investigation?

(vi) If so, what was the outcome of that investigation?

382 PREMIER—ENVIRONMENTAL RIGHTS—Mr Jones to ask the Treasurer, Minister for StateDevelopment, and Vice-President of the Executive Council representing the Premier, Minister for the Arts,and Minister for Ethnic Affairs—

(1) Is the Premier aware that citizens, organisations, companies and journalists in Europe are soon to beguaranteed by the new European Aarhus Convention on Public Participation, minimum environmental rightssuch as to take part in environmental decisions through hearing procedures, etc., as well as the right ofcomplaint before administrative bodies and judicial systems?

(2) What environmental rights, if any, is the Premier willing to guarantee for the people of New SouthWales.

John Evans Clerk of the Parliaments

___________________Authorised by the Parliament of New South Wales