Wednesday, 4 May 2016 - Parliament of NSW...Wednesday, 4 May 2016 Legislative Assembly- PROOF Page 1 LEGISLATIVE ASSEMBLY Wednesday, 4 May 2016 The SPEAKER (The Hon. Shelley Elizabeth

Wednesday, 4 May 2016 Legislative Assembly- PROOF Page 1

LEGISLATIVE ASSEMBLY

Wednesday, 4 May 2016

The SPEAKER (The Hon. Shelley Elizabeth Hancock) took the chair at 10:00.

The SPEAKER read the prayer and acknowledgement of country.

Notices

Presentation

[During the giving of Notices of Motions.]

The SPEAKER: I caution the member for Newtown on the length of her motion. I note that all

Opposition members in the Chamber have given notice of a motion, yet few Government members have taken the

opportunity to do so. Therefore, I accept the member's motion.

Bills

STATE REVENUE LEGISLATION AMENDMENT BILL 2016

Second Reading

Debate resumed from 22 March 2016.

Mr CLAYTON BARR (Cessnock) (10:12): In leading for the Opposition in debate on the State

Revenue Legislation Amendment Bill 2016, I note from the outset that we will not be opposing it. This bill is

fundamentally about administrative tidying, as was the State Revenue Legislation Amendment Bill 2015. It is

unusual to have two bills of this nature, making relatively minor amendments to State revenue legislation, in such

a short time. The amendments are worthwhile but hardly pressing. Their appearance so quickly after the 2015 bill

indicates the paucity of ideas and reform coming from this Government at present. It seems it is needing to be

innovative and agile just to find things to bowl up to fill the day in Parliament. Perhaps, given some of the savagery

that has been perpetrated on the community in the name of reform over the past five years, I should be grateful

for the policy destitution from which it seems to be suffering at the moment.

The bill proposes a number of separate and unrelated changes which all broadly relate to State revenue.

The first amendments, to the Duties Act, will allow for custodians or trustees to be part of a corporate

reconstruction. This is in response to changes introduced by the Commonwealth which made them compulsory.

These are reasonable and necessary amendments to recognise the changed circumstances resulting from the

Commonwealth changes. The second tranche of changes amend the First Home Owner Grant (New Homes) Act

to bring it into line with the First Home—New Home scheme by removing now arcane GST-related eligibility

criteria.

Again, the Opposition sees no issue with these changes. Amendments to schedule 1A, clause 6 of the

Land Tax Management Act may end some of the confusion and unfairness surrounding the current land tax

exemption for a person's primary place of residence. In the present situation a landowner's ability to utilise the

exemption is dependent on his or her ability to prove when building commenced, as well as the efficiency of the

local council. Under the proposed change the owners will now be eligible for exemption as soon as a tenant departs

the property, as long as they commence building or lodge an application with council before the end of the first

tax year. This may go some way towards clearing up some of the uncertainty and vagaries of this provision, and

the Opposition offers its support.

The amendments to the Payroll Tax Act contained in schedule 4 to this bill are a worthwhile legislative

recognition of the ongoing convergence of services between neighbouring councils. In the past decade we have

seen councils look for ways to share resources to meet common needs. This has been a welcome development in

the local government sector led, as most great ideas are, by the Hunter Valley. Hunter Councils provides a terrific

example of what can be achieved when councils work together on a regional basis. Local Government Legal,

Hunter Records Storage, Screen Hunter and the Local Government Training Institute are all subsidiaries of the

Hunter Councils members, and each will benefit from this extension of payroll tax exemptions.

Other amendments in schedule 4 are consequential revisions arising from the Government Sector

Employment Act. The amendments to section 105 of the Taxation Administration Act appear likely to simplify


the payment of interest on refunds to taxpayers, where one member of a group has been paid the refund and the

rest have not but are entitled to it. This is a sensible change and one which will remove an unnecessary layer of

bureaucratic processing from these situations. Likewise, the Opposition does not oppose the amendments

proposed to the Unclaimed Money Act, which will allow enterprises to include amounts of less than $100 in their

return so that the Chief Commissioner of State Revenue can hold onto that money for potential future claim. The

other significant change allows the Chief Commissioner to accept applications for unclaimed money after the time

limit has expired. Both changes effectively provide a legislative framework for things that are already happening.

The Office of State Revenue will now have the right to deal with voluntarily returns of less than $100 and

will have a basis to make act of grace payments. These amendments amount to a basic codification and

simplification of existing practices, and as such the Opposition supports them. Much in the manner of last year's

State Revenue Legislation Amendment Act, this bill primarily engages in tinkering. In many instances the issues

dealt with in the bill are minor in nature and will impact on a narrow band of the community. Whilst the lack of

breadth and depth in the legislation at this early stage of the Government's second term is concerning, it does not

provide grounds to oppose the bill.

Ms ELENI PETINOS (Miranda) (10:17): I speak in support of the State Revenue Legislation

Amendment Bill 2016. The bill amends the provisions of several Acts covering the functions of the Office of State

Revenue relating to revenue and grants. The main object of the bill is to keep the tax legislation effective and up

to date as part of the routine administration of State taxation. The amendments improve equity, reduce red tape

by removing uncertainty, and improve administrative simplicity. Whilst the Opposition has noted that it considers

these changes to be minor and unnecessary at this point in government, I can say with great certainty as a former

tax practitioner that it is very important to have digestible and easy to navigate legislation. In my support for the

bill, I will now highlight certain provisions contained in it. There are two Duties Act amendments, which will

align these duties exemptions with commercial requirements.

I turn to corporate reconstruction relief. There is an existing duties exemption for transfers of property

within a corporate group. Since the introduction of the duties exemption, the Commonwealth has introduced

legislation that requires the use of a custodian appointed by the "responsible" entity where there is a managed

fund. The New South Wales duties exemption does not allow for a custodian as part of a reconstruction as it is

effectively an independent party. In order to benefit from the duties exemption, corporate groups are required to

add an additional step in their reconstruction process. The Law Society of NSW proposed the change as a red-tape

reduction measure. This bill exempts transfers between custodians of trustees of a managed investment scheme

and another member of the corporate group as part of an exempt corporate reconstruction.

With respect to corporate consolidations, there is a duty exemption for transactions consolidating

corporate groups under a new head corporation, but the exemption is limited to duty on the execution of the

transfer. Commonwealth tax provisions result in many consolidation transfers being preceded by a form of

agreement. This has the unintended consequence of the agreement being dutiable in New South Wales despite the

exemption. As such, the bill aligns the duties corporate consolidation exemption with the requirements of

Commonwealth legislation. This again reduces red tape for corporations and precludes individual corporations

from being subject to unexpected duty liabilities.

This bill also contains a minor amendment to the Taxation Administration Act 1996. The bill extends a

requirement for the Chief Commissioner of State Revenue to pay interest on a refund made to a taxpayer,

following a successful objection or review, to members of a group to which the taxpayer belongs under the Land

Tax Management Act 1956 or the Payroll Tax Act 2007. Currently, the group member who lodged the objection

or appeal is the only one entitled to interest. The amendment will ensure group members will be compensated if

they are found to have overpaid tax because another member of the group successfully challenged an assessment.

I turn now to land tax and the principal place of residence concession. The bill amends provisions in

relation to the application of the principal place of residence exemption to unoccupied land intended to be the

owner's principal place of residence. The simplification of the land tax exemption breaks down the red tape

previously associated with building a home, which is great news for not only my constituents in Miranda but also

all people in New South Wales. Specifically, clause 6 of schedule 1A to the Land Tax Management Act 1956

enables the owner of unoccupied land to claim the land as his or her principal place of residence, if the owner

intends to use and occupy the land as his or her principal place of residence and intends to carry out, or is carrying

out, building or other works necessary to facilitate that use and occupation.

The period during which unoccupied land may be an exempt principal place of residence, under clause 6,

is generally limited to the four tax years immediately following the year in which the owner became the owner of

the land. However, if the land was occupied by a tenant, and the owner decides to resume occupancy after

completing renovations, the exemption applies for the four tax years immediately following the tax year in which

the building works are physically commenced on the land.


The bill brings forward the commencement of the four-year exemption to the tax year following the date

on which the tenant vacates the property. However, the owner is entitled to claim the unoccupied land as his or

her exempt residence only if the Chief Commissioner of State Revenue is satisfied that, by the end of the first of

the four tax years concerned, the works will be, or have been, physically commenced, or significant steps will be

or have been taken to enable those works to physically commence. If the works have not physically commenced

by the end of that first tax year, or the Chief Commissioner of State Revenue is not satisfied that by the end of

that first tax year significant steps enabling the works to physically commence have been taken, the exemption is

taken not to have applied. In such a case the land tax liability is to be assessed or reassessed accordingly.

Generally, the Taxation Administration Act 1996 prevents the Chief Commissioner of State Revenue

from making a reassessment of a tax liability more than five years after the initial assessment of the liability. To

combat this, the bill includes a provision authorising revocation of the exemption more than five years after the

initial assessment of liability to pay land tax. Payroll tax exemption for local councils will also be extended under

this bill There are specific payroll tax exemptions for wholly owned subsidiaries of council. Simply put, where a

number of local councils establish a company to provide services to themselves and potentially other local

councils, they currently lose access to the payroll tax exemption.

This is contrary to the Government's desire to create a more efficient local government sector. The bill

therefore extends the current exemption for council subsidiaries to companies owned by multiple councils. The

bill makes minor amendments to the Unclaimed Money Act, enhancing customers' ability to recover small

amounts of unclaimed money. The Unclaimed Money Act requires companies holding unclaimed money of

$100 or more to lodge a return and pay the money to the Office of State Revenue. However, most businesses

voluntarily include smaller amounts of under $100 in their returns to the Office of State Revenue. For perspective,

in the 2015 financial year, 25,000 small payments were received. Notwithstanding this, it is important to note that

the Office of State Revenue does not have authority to accept this money. I understand that the public is aware of

the facility the Office of State Revenue provides, and the inclusion of smaller amounts will assist citizens to access

their money.

It is proposed that amounts of less than $100 voluntarily paid to the Office of State Revenue as unclaimed

money will be treated as unclaimed money for the purposes of claims for refunds by the owners of the money,

reflecting the Office of State Revenue's current practice. Owners of unclaimed money have six years from the

date of receipt by the Office of State Revenue to claim the money. Beyond this time the Office of State Revenue

will still process the claim, but as an act of grace under ministerial delegation. This delays access to the money

and adds red tape to the process.

As such, the bill amends the Unclaimed Money Act to remove the six-year limit on claims. In the past

three years 422 unclaimed money claims totalling $2.4 million were lodged after the six-year time limit. These

amendments to the Unclaimed Money Act will reduce red tape for businesses and improve access for the owners

of unclaimed money. This bill improves equity by ensuring clients in similar circumstances have similar

outcomes. The bill combats actual and potential avoidance practices by ensuring clients are not able to avoid the

policy intent of the legislation and it reduces red tape by removing uncertainty, increasing harmonisation with

other States and Territories and improving administrative simplicity. I commend the bill to the House.

Mr MARK COURE (Oatley) (10:26): I support this important bill, the State Revenue Legislation

Amendment Bill 2016, and congratulate both the Minister for Finance, Services and Property and the Treasurer

on introducing it. The bill has four key points. First, it extends the duties exemptions for transactions between

corporate groups to agreements, in addition to the transfers currently exempted, and to transfers directly between

a custodian of a responsible entity of a managed fund and another member of the corporate group. Secondly, it

simplifies a land tax exemption for land acquired for the purposes of building the owner's intended principal place

of residence or refurbishing or replacing an existing residence. Thirdly, it extends a payroll tax exemption for a

wholly owned subsidiary of a local council to companies that are wholly owned by two or more councils. Fourthly,

it amends the Unclaimed Money Act to enhance customers' ability to recover small amounts of unclaimed money

and it removes the six-year limit on refund claims.

Businesses holding unclaimed money of $100 or more are required to lodge and pay the money to the

Office of State Revenue [OSR]. However, most businesses voluntarily include smaller amounts in their returns.

It is important to note that the Office of State Revenue does not have authority to accept this money. The public

is aware of the facility the Office of State Revenue provides, and the inclusion of smaller amounts will assist

citizens to access their money. It is proposed that amounts of less than $100 voluntarily paid to the Office of State

Revenue as unclaimed money will be treated as unclaimed money for the purposes of claims for refunds by the

owners of the money, reflecting the Office of State Revenue's current practice.

Owners of unclaimed money lodged with the Office of State Revenue have six years from the receipt of

money by the OSR to claim it. Beyond this time the OSR will still process the claim but as an act of grace under


ministerial delegation, adding more red tape and delay. It is proposed that unclaimed money claimed more than

six years after receipt by the Office of State Revenue will be ineligible for statutory refund. The amendment of

the Unclaimed Money Act will improve the ease and ability of owners of unclaimed money to recover it and

reduce costs to businesses across the State. They will not need to retain records of small and large amounts of

unclaimed money.

There are changes to land tax exemption. This bill provides that a landowner may claim a land tax

exemption for up to four years for a parcel of land acquired for the purpose of building a principal place of

residence. Presently, if the land is occupied by tenants the four-year period exemption does not commence until

the tenants vacate the land and building work physically commences. It is often difficult for owners to provide

evidence of the precise date that building works commence. This problem affects a very small number of

landholders each year. It is proposed to remove the requirement that building work must physically commence so

that the exemption will apply as soon as the property is vacated by the former tenants. Owners will have to

commence building works or take necessary steps to commence building works by the end of the first tax year,

such as lodging a development application with the local city council.

The bill makes changes to payroll tax exemption. Under the payroll tax concession for local councils a

wholly owned subsidiary of the local government body is exempt from payroll tax provided the activities are

conducted under a written agreement requiring the subsidiary to pay the council an amount equivalent to payroll

tax. This will ensure a level playing field with private sector competitors. It is proposed to extend the exemption

to companies wholly owned by two or more councils. This concession will apply to arrangements between

neighbouring councils where such arrangements may be used to achieve efficiencies in carrying out council

functions. The bill will deal with the payment of interest on refunds to grouped taxpayers and will include changes

to the Duties Act 1997.

The bill seeks to amend the Taxation Act 1996 to extend the circumstances in which interest is paid as a

result of a successful objection or review. The amendment will authorise payment of interest at a market rate

outlined in part 5 of the Act to a member of a payroll tax group where a refund is made as a result of successful

objection by another member of the same group. The market rate is based on a 90-day bank bill rate published by

the Reserve Bank and has varied between 2 per cent and 8 per cent in recent years. The bill goes a long way

towards simplifying the roles and responsibilities of Treasury and a number of Acts that I have outlined.

I commend the bill to the House.

Mr KEVIN CONNOLLY (Riverstone) (10:33): In contributing to debate on the State Revenue

Legislation Amendment Bill 2016 it is a great pleasure to welcome the sensible changes introduced by the Minister

for Finance, Services and Property. The purpose of the bill is to keep tax legislation effective. There are four

principles at work in this legislation: equity, certainty, simplicity and efficiency. It is a constant journey and

struggle to maintain those principles in legislation to ensure that legislation works as well as it can for the people

of New South Wales. The bill will enable people to run legitimate businesses with as little difficulty and intrusion

into their affairs as possible.

Previous speakers have explained a number of the aspects of the legislation and I will touch on those

shortly in light of the four principles. The aspect I shall focus on first is one that particularly appeals to me, and

that is the amendment to the First Home Owner Grant (New Homes) Act 2000, which is included in this package.

This makes eligible for the new home owner grant a home that is substantially renovated or a home built to replace

demolished premises. Members may be aware that a couple of years ago the Government focused the new home

owner grant on newly constructed homes not on the market of existing properties in order to encourage home

building. That was a positive move. It had its difficulties and was not welcomed universally. But the evidence

since has shown that it has been successful. It has had the desired effect of stimulating new home construction

and of assisting the home building market, and thereby the whole New South Wales economy through the

substantial spin-offs that come from that significant sector of the economy.

The amendment extends eligibility for the grant to substantially renovated homes and to homes built to

replace a demolished home. This is consistent with the direction that the Government adopted a couple of years

ago. It focuses the new home owner grant on those homes that are being built and stimulates construction activity

across the State, as well as upgrading the stock of housing in New South Wales because obviously some of the

homes to be demolished will have reached the end of their useful life. The amendment defines a substantially

renovated home as one that has been created through renovations in which all or substantially all of a building is

removed or replaced, whether or not the renovations involve the removal or replacement of foundations, external

walls, interior supporting walls, floors or staircases and, as renovated, has not previously been occupied or sold

as a place of residence. The grant is available only the first time a person does this. A home built to replace a

demolished premises is defined as:

(a) a home that has been built to replace demolished premises on the same land, and


(b) the home, as built to replace the demolished premises, has not been previously occupied or sold as a place of residence,

and,

(c) the owner of the home did not occupy the demolished premises as a place of residence before they were demolished.

This again sets a test that this is the first time the home is to be occupied. That is a constructive and sensible

addition to the regime of new home owner grants that continues the principle of focusing the grant on homes to

be constructed, which will stimulate activity and enhance and increase the housing stock available in New South

Wales. It is a practical demonstration of a Minister who is thinking outside the box and making sure that we are

targeting assistance where it belongs.

We have heard from other speakers about the corporate reconstruction relief amendments in the bill.

There is already an exemption from duty for transfers of property within a corporate group. However, at present

multiple transfers are required to achieve a corporate reconstruction exemption where a custodian of a trustee of

a managed fund is involved. The amendment proposed allows an exemption to apply where a custodian of a trustee

of a managed fund is a party to the corporate reconstruction transaction. That sounds a bit of a mouthful but it is

simply practical recognition that within corporate groups we can cross paper barriers, if you like, and we should

not impose additional burdens or red tape and compliance costs in those circumstances.

Similarly with corporate consolidations, the amendment extends the exemption to apply to agreements

to transfer as there are occasions when an agreement is required. It clarifies that only one transfer is exempt when

another entity is inserted above the parent entity. The land tax amendments within the bill are sensible too. The

bill amends provisions in relation to the application of the principal place of residence exemption to unoccupied

land intended to be the owner's principal place of residence. It is difficult to define a period when an owner should

be eligible for the exemption when he or she is about to construct a place of residence and when the clock should

start ticking. The bill provides clarification to make it clear and available in reasonable circumstances to members

of the public who buy a parcel of land with the intention of building a principal place of residence.

The period during which unoccupied land may be an exempt principal place of residence under clause 6

at the moment is limited to four tax years immediately following the year in which the owner became the owner

of the land. The bill brings forward the commencement of the four-year exemption to the tax year following the

date on which the tenant vacates the property. However, the owner is entitled to claim the unoccupied land as his

or her exempt residence if the Chief Commissioner of State Revenue is satisfied that by the end of the first four

years concerned the works will be or have been physically commenced or significant steps will be or have been

taken to enable those works to be physically commenced. If the works have not physically commenced by the end

of that first tax year or the chief commissioner is not satisfied that by the end of that first tax year significant steps

enabling the works to physically commence have been taken, the exemption is taken not to have applied. The bill

includes a provision authorising revocation of the exemption more than five years after the initial assessment of

liability to pay land tax. The bill restructures the definition of "eligibility" to accommodate the scenario that has

been experienced when owners attempt to claim that exemption in reasonable circumstances.

I am pleased to see the introduction of a commensense exemption for local councils extended to entities

created by more than one council. The Government has been encouraging councils across New South Wales to

cooperate and to work together to provide joint services wherever possible and where doing so is efficient. In the

interests of that efficiency, and therefore in the interests of ratepayers in those communities, I am glad to see that

the Government is supporting that approach by extending the exemption from the Payroll Tax Act 2007 to include

a body owned by two or more local councils if the wages are paid or are payable to a person for an activity

conducted for those councils. That is a sensible measure that reflects the direction that the Government wishes to

take in encouraging councils to provide efficient services.

Lastly, I refer to the Unclaimed Money Act. It is exciting when we find money that belongs to us that

has been mislaid, perhaps because it was sitting in someone else's account. The Office of State Revenue and the

Australian Securities and Investments Commission at the Federal level have a process that allows people who

have lost track of money owed to them for various reasons to find and to reclaim it. It seems fair that we should

make it as easy as possible for people to reclaim their own money, and I am pleased that the Government is doing

that. This legislation gives legislative authority to a practice that is already occurring, particularly with regard to

small amounts of money. I encourage those in the public gallery and others more broadly to visit the Office of

State Revenue unclaimed money website to see whether they can find money belonging to them, their family or

friends and neighbours. It is an easy process. In fact, I have found significant sums for community groups that for

one reason or another have been mislaid. It might have happened because a bank could not find their address or

for some other reason. I found a few thousand dollars for someone who did not know it existed. Of course, we are

all pleased when that happens.

I note the reference to claims for money lodged in the past three years and after the expiration of the six-

year limit. The previous speaker told the House that there were 422 such claims totalling $2.4 million. That


represents an average of more than $5,600, which means that some of the claims must been for much more

substantial sums. That money belongs to people in our community and this Government wants it returned to them.

These sensible changes will assist in ensuring that that happens. This is a good bill that includes sensible changes

that will make life better for the people of New South Wales. It follows the principles of equity, certainty,

simplicity and efficiency. I commend the bill to the House.

Mr CHRIS PATTERSON (Camden) (10:43): The member for Riverstone suggested that the people

in the public gallery should read Hansard. I think reruns of Judge Judy or Bonanza would be much more

entertaining.

Mr Gareth Ward: If they are having trouble sleeping they would do better to read your speeches.

Mr CHRIS PATTERSON: That is a valid point. I am the member for Camden and if anyone is having

sleep issues they should read my speeches. Doing so would be a non-drug based cure for insomnia. I ask myself,

"What am I doing here?"

Mr Gareth Ward: I keep asking that question as well.

Mr CHRIS PATTERSON: It has been asked frequently, I admit. I return to the legislation. This is

serious and well thought out legislation.

Mr Clayton Barr: Name it.

Mr CHRIS PATTERSON: The member says, "Name the legislation." I know that self-praise is no

praise, but I acknowledge the work of the Minister and the Government in drafting the bill we are debating, the

State Revenue Legislation Amendment Bill 2016. As members who have spoken before me in this debate have

said so eloquently, the bill highlights what this Government is about. The Government is about reducing red tape

and fixing up perceived anomalies, however small, to help business. This will ensure better business practices and

reduce the red tape burden on business and the community. That is what the Government aims to achieve through

this bill.

I turn to the Minister's second reading speech to highlight further what the Government is aiming to

achieve. It is simple: The main purpose of these reforms is to keep the tax legislation effective and up to date. The

bill deals with the routine administration of State taxation. It also seeks to bring State taxation legislation in line

with that of the Commonwealth. Too often, when Commonwealth and State legislation are not in alignment there

are anomalies that cause headaches for business and for government. As the Minister said, the bill will:

… improve equity by ensuring clients in similar circumstances have similar outcomes; combat actual and potential avoidance

practices by ensuring clients are not able to avoid the policy intent of the legislation; and reduce red tape …

I am sure someone will correct me if I am wrong, but I believe that since taking office in 2011 the Government

has reduced the number of red tape rules and regulations by a couple of thousand.

Mr Kevin Humphries: At least.

Mr CHRIS PATTERSON: At least? Thank you. The reduction in red tape has saved small business

more than $500 million. That is $500 million that is not now wasted on dealing with red tape. The mark of good

government is to help business wherever it possibly can. Yesterday the House debated a motion accorded priority

that did not have the support of the Opposition, unfortunately. Members debated the "State of the States" report

from CommSec, an independent body. When we came to government in 2011, New South Wales was ranked

eighth out of eight States. On every business indicator New South Wales was ranked eighth out of eight. To be

frank, that was atrocious.

Mr Kevin Humphries: It was disgraceful.

Mr CHRIS PATTERSON: It was disgraceful. The Government could have left the State languishing

in eighth position and it could have still been there in 2016. But the Government did not do that. The CommSec

"State of the States" report shows that for the past two years, month by month, New South Wales has come out

first. New South Wales is number one again. It is number one on jobs, number one on employment growth and

number one on business activity. Every other State now looks to New South Wales to boost the Australian

economy. We are very proud of that. The Treasurer, the Hon. Gladys Berejiklian, has done an outstanding job to

ensure that growth. The legislation we are debating helps to ensure those outcomes, along with good economic

management. I commend the Minister for Finance, Services and Property, the Hon. Dominic Perrottet, whose

management of the portfolio ensures a good outcome. The Minister has looked after the State in another way,

through the success of Service NSW. I appreciate members allowing me to digress to talk about Service NSW in

Camden.


We have, and I am extremely proud of this, the biggest Service NSW centre in the State. It is something

like 1,000 square metres. Would you believe more than 1,000 people a day now go to one Service NSW centre in

Gregory Hills. Why? It is because it is all about providing the best service possible for the consumer, increasing

the hours of operation and making it a pleasant experience. The Minister has just come into the Chamber.

I commend him for this legislation and also for his work with Service NSW. Although that is not what we are

meant to be talking about in this debate, it has been a tremendous success and something of which he should be

very proud. We are delivering outcomes. As the Minister is in the Chamber, before I sit down I must commend

him for the outstanding job he has done with this legislation and Service NSW. When the Minister opened the

Gregory Hills centre only a few weeks ago he pulled me aside and said, "You know what, Chris?"—

Mr Clayton Barr: This was not in the meeting.

Mr CHRIS PATTERSON: No—absolutely. He said, "It is not just about me. At every opportunity,

I want to commend my outstanding staff." It would be remiss of me if I did not congratulate the Minister's staff

on all the hard work they do. I mention Nigel Freitas, chief of staff; Monica Tudehope, head of policy; Anthony

McFarlane, senior policy adviser; Edward Yap, senior policy adviser; Tim Cannon, media adviser;

Madeleine Tudehope, policy adviser; Keiran Byrne, parliamentary liaison officer—an outstanding young man

who is in the Chamber today—and Bree Price, diary office manager. The Minister acknowledges you and I say,

"Guys, job well done." I commend the bill to the House.

Mr DOMINIC PERROTTET (Hawkesbury—Minister for Finance, Services and Property)

(10:51): In reply: I thank members for their contributions to debate on the State Revenue Legislation Amendment

Bill 2016. The New South Wales Government is committed to having best-practice revenue laws and the bill

contains amendments that reflect this. The main purpose of the revenue reforms in this bill is to keep tax legislation

effective and up to date as part of the routine administration of State taxation. This will improve equity by ensuring

that clients in similar circumstances have similar outcomes, combatting actual and potential avoidance practices

by ensuring that clients are not able to avoid the policy intent of the legislation, reducing red tape by removing

uncertainty, increasing harmonisation with other States and Territories where possible, and improving

administrative simplicity. I commend the bill to the House.

Motion agreed to.

Third Reading


(10:52): I move:

That this bill be now read a third time.

Motion agreed to.

PUBLIC LOTTERIES AMENDMENT (KENO LICENSING) BILL 2016

Second Reading

Debate resumed from 22 March 2016.

Mr MICHAEL DALEY (Maroubra) (10:52): I lead for the Opposition in debate on the Public

Lotteries Amendment (Keno Licensing) Bill 2016. My contribution will be brief for a number of reasons: first,

the Opposition supports the bill; and, secondly, the bill is largely uncomplicated. The effect of the bill is primarily

to grant an extension to ClubsNSW and Tabcorp of their present exclusive licence to run the game Keno until

1 April 2050. I state at the outset that the Opposition is a great supporter of the club movement.

There are 1,400 clubs in New South Wales that employ around 42,000 people—possibly more—about

20,000 of whom live in regional areas. Their social contribution has been valued as being in excess of $1 billion,

and I think that is probably a conservative estimate. Their estimated economic contribution to the State is well in

excess of $3 billion, and it is rising. Clubs have an estimated 5.7 million members. Some 57 per cent of clubs are

in metropolitan areas and 43 per cent are in regional areas. They are important pieces of infrastructure in this State

in myriad ways. Cooperative clubs are a uniquely Australian invention. They are limited by guarantee and owned

by their members. There are but a sprinkling of them replicated across the world. They are an Australian invention

of which the Opposition is very proud. We recognise the contribution they make.

The current Keno licence is held jointly by Keno (NSW) Pty Ltd, which is a subsidiary of Tabcorp, and

Club Keno Holdings, which is a subsidiary of ClubsNSW. The licence was granted to them in 2007 and it expires

in 2022. The bill seeks to extend the licence from 2022 to 2050. Significantly, the revenue received from the

licence extension is in the order of $231.2 million in licence fees from 2022 to 2050. The joint licensees will make

an upfront payment of $25 million in the second half of 2016 and will also pay an annual licence duty fee of


$3 million a year from 2017 to 2021, which will increase to $4.5 million a year from 2022. It will be indexed at

2.5 per cent per annum.

I note that the Minister said in his second reading speech that negotiations were conducted by a steering

committee of senior representatives from NSW Treasury, the Department of Premier and Cabinet, and Liquor and

Gaming NSW. The Government says it received expert legal, financial and commercial advice. The Government

also noted that the licensees will have certainty of investment and venues will benefit from commissions. In

accordance with all the good things I said at the outset about the clubs movement, revenue to the clubs will be

reinvested into the broader community. That is the modus operandi of clubs in New South Wales. The bill amends

section 5 of the Act to introduce a definition of Keno to align it with the definition in the agreement entered into

in 2010. The Opposition supports the legislation.

Mr ADAM CROUCH (Terrigal) (10:57): I speak on behalf of the Government in support of the Public

Lotteries Amendment (Keno Licensing) Bill 2016. I acknowledge the contribution of the member for Maroubra

and note that the Opposition will support the legislation. The Liberal-Nationals Government is committed to

securing the future viability and sustainability of registered clubs in the great State of New South Wales. I pay

tribute to the clubs on the Central Coast. The work they do in our community is impressive, to say the least.

From the far northern reaches of my electorate down to the south, local clubs are always willing to help

out the community, be it in the form of sporting grants or whatever. They also spend a lot of time helping people

on the Central Coast who are doing it tough. The clubs are always the first to step up to the plate and support the

local community. For example, the Ettalong Diggers club recently made a contribution to install the former

HMAS Adelaide mast. The Breakers Country Club at Wamberal helps to organise a fantastic Anzac Day service

at Terrigal Beach. The clubs are always the first ones to put up their hands to help out.

The measures in this bill implement a Government election commitment to review and extend the existing

Keno licensing arrangements with the focus on modernising regulatory arrangements and providing long-term

certainty to the joint licensees and venues. In his second reading speech, the Minister stated that the bill

implements one of the final commitments, which is the memorandum of understanding with ClubsNSW, which

was to review and extend the existing keno licences and arrangements. Those licences are not due to expire until

2022 but following the commitment under the memorandum of understanding an independent review of the Keno

licences was conducted on behalf of the Government.

The review found that there was significant scope to modernise the Keno regulatory regime by bringing

the licences into the modern regulatory regime as it applies to NSW Lotteries. I note also that in the Minister's

second reading speech he stated that these negotiations were conducted at arm's length from Government by a

steering committee consisting of senior representatives from NSW Treasury, the Department of Premier and

Cabinet, and Liquor and Gaming NSW. The steering committee was supported by expert advisers who provided

expert legal, financial and commercial advice on this project. An independent probity adviser also oversaw the

negotiation process. The bill gives effect to an in-principle agreement that the Government reached with the Keno

joint licensees—Keno (NSW) Pty Ltd, a subsidiary of Tabcorp; and ClubKeno Holdings, a subsidiary of

ClubsNSW—about future Keno licensing arrangements.

The outcomes of this process recognise that Keno provides broader benefits to the community through

the contribution of clubs to the community. The contribution from clubs can never be underestimated. The

outcomes also confirm that venues will continue to benefit from Keno by way of commissions received for the

conduct of the game on their premises. We all recognise these venues are at the heart of every local community,

especially on the Central Coast, and that they provide a place to socialise and a sense of belonging. In times of

need, such as the storms we experienced a year ago, and when bushfires occur on the Central Coast, the clubs

provide a vital role in supporting their communities by way of providing a safe haven for residents. That was more

evident during the storms last year.

Mr Geoff Provest: Hear, hear!

Mr ADAM CROUCH: Clubs do a great job. I acknowledge the member for Tweed. Clubs were

providing power, showers and hot meals. Their role in our communities can never be underestimated. In

recognising that important role, the Government recently amended the relevant club regulations to relax the

requirement for anyone living within a five kilometre radius of a registered club to be a member to enable them

to enter a club during emergency situations, which is fantastic. In emergencies we may not have a choice of where

to go and lifting the restriction on the five kilometre rule will help those in times of need. The change will allow

clubs to provide residents with shelter, relief or other forms of assistance in times when their safety or health could

be threatened. The clubs will also be better able to help their communities in times of extreme need such as floods

and storms. They are always the first to support our communities.


This change formally recognises the important work that clubs perform during natural disasters in

providing facilities also to emergency workers who are usually exhausted by the end of a long day of fighting

fires or cutting down trees. The clubs always offer their assistance. They are a community hub and are deserving

of our support. In his second reading speech the Minister also stated that as a result of the negotiations the joint

licensees have agreed to pay the State in excess of $230 million for a 28-year extension of the Keno licence. This

payment is to be broken down into a $25 million upfront fee, followed by $3 million per annum in licence duty

from 2017 to 2021 and $4.5 million per annum in licence from 2022 to 2050. Both of the licence duty figures are

indexed at 2.5 per cent per annum. The extension of the Keno licensing arrangement provides value for the

licensees as it will enable those parties to have certainty of investment and generate long-term earnings through

Keno.

In addition, registered clubs make a substantial economic and social contribution to this State and are

providers of key facilities in regional and metropolitan areas across New South Wales. The most recent club

census in 2011 reported that clubs provide more than 700 bowling greens, 350 golf courses, 100 tennis facilities,

and 90 sporting fields, as well as scores of dining and conference facilities, which are well utilised on the Central

Coast. Clubs are also one of the State's largest employees, providing up to 42,000 jobs in our local community,

20,000 regional jobs and contributing more than $3.2 billion a year to the State's economy. The bill before the

House will enable the Minister and the Treasurer to accept the offer made by the joint Keno licensees and for the

Minister to enter into the deed entitled "Implementation Deed", which is set out at annexure 1 to the deed poll and

has been tabled by the Minister. This amendment is necessary to give effect to the negotiated outcomes agreed

with the Keno licensees and to allow for the revocation of an existing licence and the grant of a new operator and

product licences as provided by the implementation deed. By granting new licences to the joint licensees rather

than extending the existing licence, the Government is able to apply the modern regulatory approach as it currently

applies to NSW Lotteries to Keno.

The modern regulatory framework applies a principles-based approach rather than the more prescriptive

regulation that currently applies. It allows for greater regulatory oversight in areas that may be perceived as high

risk. As an example, the modern licenses provide for an ongoing overview of the licensee's suitability. This review

allows the Minister to consider whether the licensee and its close associates remain suitable to hold the licence.

The suitability review measures the licensee against a number of criteria such as the licensee's or close associate's

character, honesty and integrity, ownership and governance structures, and whether the licensee retains

appropriate commercial and technical experience.

In summary, the clubs are the heart of our communities. The bill reflects the Government's ongoing

commitment to supporting the industry and its viability. The measures in the bill support the modernisation of the

regulatory approach, allowing for greater regulatory oversight in areas that may be considered to be high risk. The

bill does not weaken existing provisions already applying to Keno licences. In fact, this bill strengthens those

provisions such as the sustainability requirements or fit and proper person requirements so that the Minister has

an ongoing role in ensuring that the operators and their close associates continue to be suitable operators of Keno

and allows clubs around New South Wales to deliver their services. I commend the bill to the House.

Ms JENNY LEONG (Newtown) (11:07): I speak on behalf of The Greens on the Public Lotteries

Amendment (Keno Licensing) Bill 2016. Although The Greens do not oppose the bill, I wish to raise significant

concerns we have about some aspects of the bill and will put a number of questions to the Minister in the hope

that they will be responded to in his address in reply. The Public Lotteries Amendment (Keno Licensing) Bill will

implement the final commitments made under the 2010 memorandum of understanding between the Liberal Party,

The Nationals and ClubsNSW. The memorandum was signed in the lead-up to the 2011 State election in which

Barry O'Farrell became Premier. The memorandum of understanding about the commitment to Keno read:

A NSW Liberals and National government will take the following action:

Commit to reviewing and further extending the existing license arrangements for keno, providing certainty in relation to regulatory

and approval processes and facilitating the introduction of new technology and games.

This bill delivers on that agreement. The Greens wish to place on record that the relationship between ClubsNSW

and the gaming and liquor policy in New South Wales is cause for concern. Examples of this include that in 2014

there was intense lobbying by ClubsNSW and its stakeholders with New South Wales Government Ministers.

They met seven times in three months before striking the deal for the 2015 election but no advice was sought from

the liquor regulator.

In 2014 a new memorandum of understanding [MOU] was signed. The new MOU opened the door to

giving licensed clubs tax breaks on poker machine profits in exchange for their provision of childcare and aged

care services. The concerns that The Greens have with this bill extends beyond the nature of the agreement and

the Baird Government's relationships with ClubsNSW. The Greens also have concerns around the details of the

steering committee and the contract negotiations. In his second reading speech, the Deputy Premier stated that


following the signing of the MOU with ClubsNSW an independent review of the Keno license was conducted on

behalf of the Government. The review found that there were significant opportunities to modernise the Keno

regulatory regime.

Following this review, the Government entered into negotiations with the licensees to reach a new

agreement. The negotiations were conducted at arm's length from the Government by a steering committee

consisting of senior representatives from NSW Treasury, the Department of Premier and Cabinet and Liquor and

Gaming NSW. However, neither the independent review nor the operations of the steering committee appear to

be available in the public domain. It is difficult to consider the changes outlined in the bill without knowing the

details of the review or the factors taken into consideration by the steering committee. It would be appreciated if,

in his speech in reply, the Minister could provide details of both the review and the deliberations of the steering

committee, and let us know whether such information will be made publicly available so that an assessment of

that review and the steering committee negotiations can be assessed and considered.

The liabilities on the New South Wales Government contained in the contract are also cause for concern.

The contract between Tabcorp and ClubsNSW regarding a new licensing agreement for Keno makes the

New South Wales Government liable to pay compensation to licensees in the event that an adverse regulatory

event occurs while the contract is in operation. An adverse regulatory event includes changes to taxation

arrangements, including a new relevant tax; increases to a relevant tax; or changes to the manner of calculating a

relevant tax payable by the licensees. In effect, this means that if, at any time between now and 2050, the

Government of the day decides that it wants to change the taxation arrangements in relation to public lotteries in

a way that would be detrimental to the licensees the Government will have the compensate Tabcorp and

ClubsNSW for doing so.

I will make that clear. If, at any time between now 2050, any regulatory event is determined to have an

adverse effect on licensees then the New South Wales Government would have to compensate Tabcorp and

ClubsNSW for making those changes. The amount payable is determined by taking into account factors including

the number of years remaining on the contract. This seems to be included for the benefit of Tabcorp and

ClubsNSW and not the people of New South Wales. Considering that the contract will not expire for another 24

years, this is an extraordinarily long amount of time for the New South Wales Government to leave the current

tax arrangements in place and unchanged.

The other factor that should be put on the record when we are discussing the relationship between this

Government and ClubsNSW with respect to Keno and other gambling is the impact that problem gambling has

on our community. The basis of this legislation is to provide ClubsNSW and Tabcorp with the certainty needed

to invest in and promote Keno as a form of gambling. The benefits to the people of New South Wales, even taking

into account the licensing fees payable, are minimal. The Minister argues that the reform is necessary to help

secure the financial viability of clubs in New South Wales. However, this logic is based on the false premise that

ClubsNSW is solely a social good in this State. While it has been recognised by other members who have made

contributions to this debate that ClubsNSW does contribute to the social good in our community, it must be

recognised that there are serious impacts on the community as a result of poker machines and other gambling that

occurs within ClubsNSW venues.

Clubs in New South Wales are heavily reliant on revenue from poker machines, and this has had appalling

consequences on families and communities across the State. The New South Wales Government continues to

overstate the positive impacts of ClubsNSW on local communities and downplays the damages clubs inflict

through their reliance on revenue from poker machines. The extension of the Keno licensing arrangements for

Tabcorp and ClubsNSW will not help this situation, and acts as a perverse endorsement of ClubsNSW and a failed

business model that relies on people and their problematic gambling addictions.

To discover the possible reasons for the Government repeatedly bowing the ClubsNSW we must examine

the history of political donations and the over-reliance on gambling revenue that has connected ClubsNSW with

successive governments in New South Wales. According to the most recent State budget, in 2015-16, the

Government expects to receive over $2.2 billion in revenue from gambling and betting taxes. This represents

approximately 8 per cent of all taxation revenue. A significant amount of this is expected to come from lotteries

and lotto, which includes Keno.

While The Greens wholeheartedly agree that if gambling is to take place it should be taxed accordingly,

it is obviously important to consider—because it is of serious concern—that governments have begun to rely on

taxes on this form of income as revenue. That can have an impact on good public policy designed to reduce the

harms associated with problem gambling in our community. For that reason The Greens ask the Minister to

respond to the questions we have asked about the independent review. The Greens also raise ongoing concerns

about the relationships between the New South Wales Liberal Party, the New South Wales Nationals and

ClubsNSW, and the reliance on problem gambling. The Greens have concerns about the impact of problem


gambling on individual families and on communities that are dealing with the issues of problem gambling. The

Greens are concerned about the influences on the way that public policy and legislation is made in this State.

Mr GEOFF PROVEST (Tweed) (11:15): I am 100 per cent for the Tweed and 100 per cent for clubs.

I support the Public Lotteries Amendment (Keno Licensing) Bill 2016. This bill implements one of the final

commitments under the 2010 memorandum of understanding with ClubsNSW. I wish to put on the record a little

bit of background. I have been a manager of licensed clubs for more than 27 years—the Revesby Workers Club,

the Georges River Sailing Club and, finally, the great Tweed Heads Bowling Club. In earlier days—in the late

seventies and early eighties—I was at the Kogarah RSL when Keno was first mooted and brought into the club

system. I have seen Keno grow and prosper. Now it is in our hotels.

I have seen the stewardships of Peter Newell and a number of previous chairmen of ClubsNSW. I knew

Anthony Ball when he started at ClubsNSW, before he was a CEO. The club industry, for well over 100 years,

has supported the wider community. The industry has assisted with sporting fields. Clubs have often been the first

port of call when there were community disasters such as droughts. When people have needed funds the local

clubs have often helped. I have seen the camaraderie in RSL clubs, which support our veterans. There are large

city clubs and little clubs. In Tenterfield—that is your patch, Temporary Speaker Marshall—clubs are

extraordinarily important.

I am a little dismayed by the lack of knowledge of The Greens about this legislation and that party's

continual attack on licensed clubs—great institutions. There are problem gamblers. As a former club manager

I can tell those in the Chamber that enormous amounts of resources have been applied to the problem. The clubs

support self-referral and provide a great deal of support in the great Twin Towns area. We do not want problem

gamblers in our great clubs and we do everything possible to assist people who are vulnerable. The attack by The

Greens is terribly unwarranted. Clubs form an important part of the fabric of our communities.

The Government signed an MOU in 2007, an MOU in 2010 and another before the last election. That

was extraordinarily important because the MOUs that were signed by the Labor Government when Michael Egan

was the Treasurer ripped into the clubs. At that time I stood out the front of Parliament House with Pat Rogan, the

great Labor member of East Hills, protesting against the way the Labor Government was treating the great club

industry. I think the call was to "axe the tax." The memorandum of understanding provides a clear path for the

future viability of the club industry. It was widely welcomed in 2007 and totally supported in 2010 and 2014.

Clubs invest in local communities by providing resources and facilities. They need some guidance.

There are over 42,000 people employed in clubs in New South Wales, and there are 719 bowling greens

supported by New South Wales clubs. I used to be on the board of Bowls Australia—in fact I am the second living

life member of that organisation. It is a great organisation that is out there encouraging people to get fit and to go

out and do something. There are 353 golf courses in the great state of New South Wales. Some are big and some

are small, but they are all providing a very valuable community amenity. How many people in this House have

gone to an election celebration, a wedding, a wake or a public meeting? Where are such events usually held? They

are held down at the bowlo, the golf club or the RSL. They provide such a wide range of community services.

This amendment gives clubs the long-term certainty they need to be able to develop their plans to stand

on their own two feet. The public pressure from the clubs was an important part of the 'axe the tax' campaign.

They organised thousands of signatures and there were volunteer organisations protesting against the then Labour

Government, who were going to kill off the club industry here in New South Wales. That would have put all those

club employees out of work and cut those club facilities out of the community. Instead, this bill is aimed at giving

certainty about future tax rates and future directions. That certainty will allow clubs to borrow money to improve

their facilities and will enable them to develop proper business plans.

I can remember an era, 27 years ago, when you became a club director just by being a popular fellow

who stood around the bar. These days there are many directors courses aimed at increasing the level of

professionalism in the industry. Debbie Organ, one of the financial planners with ClubsNSW, is involved with

these. I know many directors who have done these courses, even from my old club, the Revesby Workers' Club.

Believe it or not, I think I am one of the few Coalition members who are still welcomed in the boardroom out

there by CEO Eddie Camilleri and the club's directors. I wish them all the best and I will probably be visiting

them shortly. They would be behind this; they would be fully supportive of this bill.

To hear the Greens actively criticise our club movement—I think that is just shameful. It shows a lack

of understanding by the Greens of what a valuable asset clubs have been in the last hundred years and will continue

to be for the next hundred. Why have they been able to be such a valuable asset? It is because this Government

has stood beside them, understood their issues and supported them in their business. In return, those clubs are

supporting the wider community. With the Blue Mountains fires—both the ones years ago and the ones in 2013

and 2014—where did the local people go? Where are the evacuation sites when we are faced with disasters? They


are at the local clubs. People go straight to their local club. Where in their local community do people go when

they suffer misfortune? They go straight to their local club. We heard my good friend the member for Terrigal

speak earlier. Terrigal has many fine clubs, some of the largest around. This bill is supporting one of the greatest

institutions of New South Wales.

I do recognise the issue of problem gambling. I am very pleased to support the programs currently in

place—programs actively supported by the club movement. I praise the Minister for Gaming and Racing for

bringing this bill into this place. He knows full well how important the club movement is, particularly in rural and

regional areas. The Dubbo RSL is a fine example. It is the centrepiece of the town. When I have been to Armidale

with you on various matters of business, Temporary Speaker Marshall, we have met with the RFS at the local

RSL. I know you are a great supporter of the RSL, the bowls clubs, the golf clubs and so on. Tenterfield has a

great golf club on the outskirts of town that hosts weddings and funerals and supports the local people.

I am very proud to stand on this side of the chamber. I have been here in government since 2011, and

I was here for another four years before that. Since 2011, one of the most pleasing things has been that when those

on this side make a commitment to do something, they actually do it. For four years I sat on the other side and

watched four Premiers—I think it was four. Recently I counted up that in those four years there were something

like 43 ministerial changes. There were a lot of commitments made and there was a lot of rhetoric—but very little

substance. From those on this side now I see a lot of commitments, a lot of common sense and a lot of decisions

made after extensive consultation with the wider community. I know this bill will benefit clubs, clubs which in

turn generate benefits both for their local communities and for this fine state. A lot of our great sportsmen owe

their achievements to the support of the registered club movement.

We would not have so many facilities, so many charities in our big and little towns out there, were it not

for the clubs. Campbelltown RSL is one of many amazing clubs that provides tremendous support to charities.

We would not have the NRL, for goodness' sake, if we did not have an active and vibrant club movement out

there. We would not have so many things: garden clubs, swimming clubs, photography clubs and so on. When

I was at Revesby, there were something like 43 club groups that met there. If you name a subject, there was a

club. Where did the funding come from? From the parent club—the Revesby Workers' Club. I think clubs are

amazing. I thoroughly support this amendment to the Public Lotteries Act. It gives clubs certainty. I wish Peter

Newell and Anthony Ball success in the future. Once again—and this is very personal for me—I am 100 per cent

for the club movement in New South Wales and 100 per cent behind all the fine clubs in my local area. I commend

the bill to the House.

Ms MELANIE GIBBONS (Holsworthy) (11:25): I support the Public Lotteries Amendment (Keno

Licensing) Bill 2016. The purpose of this bill is to establish new arrangements for the licensing of Keno, under

which the existing exclusive Keno licence will be cancelled and new exclusive Keno licences with a term expiring

in 2050 will be granted to the existing licensees. It will also provide transitional arrangements to facilitate the

transfer of Keno operations from the existing Keno licence to the new licences and, importantly, will insert a

definition of 'Keno' into the legislation.

This bill seeks to implement one of the final commitments agreed to in the 2010 memorandum of

understanding with ClubsNSW, titled 'Resilient Clubs, Resilient Communities'. This MOU called for an

independent review into the Keno licence jointly held by Keno (NSW) Pty Ltd, a subsidiary of Tabcorp, and Club

Keno Holdings, a subsidiary of ClubsNSW. This licence was granted in 2007 and does not expire until 2022. The

review found that there was significant scope to modernise the Keno regulatory regime by bringing the licences

into the modern regulatory regime as it applies to NSW Lotteries.

As a result of discussions during the independent review, the joint licensees have agreed to pay the State

in excess of $230 million for a 28-year extension of the Keno licence. This great benefit to the State will see a

$25 million up-front fee, $3 million per annum in licence duty from 2017 to 2021 and $4.5 million per annum in

licence duty from 2022 to 2050. Allowing the extension of the licence not only provides a benefit to the State but

also enables the licensees to have certainty of investment and to generate a long-term plan for Keno.

This bill is not just about Keno; it is also about securing the future viability and sustainability of clubs

that are registered in NSW. These clubs make a substantial economic and social contribution to this State and are

often at the forefront of assisting communities, in both regional and metropolitan areas, with facilities and services.

Within New South Wales, there are currently 719 bowling greens, 353 golf courses, 100 tennis facilities and

96 sporting fields that are directly related to our clubs. Clubs are one of the State's largest employers and currently

employ approximately 42,000—with 20,000 of those jobs being in regional areas.

Not only are they one of the largest employers across the State but they are also an important economic

funding stream. They contribute up to $3.2 billion to our State's economy. Clubs play a vital role in the cohesion

and growth of our local communities, providing facilities and services to our local areas in addition to being a


place to meet and socialise with friends and family. Clubs also provide important facilities during times of need,

a fact this Government has recognised by permitting clubs to take in local residents during a time of emergency,

without requiring those residents to be a member of that club. I acknowledge a club that was until recently one of

my local clubs, Club Central Menai, for playing exactly this role.

Before the club had even had its official opening, it opened its doors to evacuees during the

1997-98 bushfires. People recognised the club as a safe haven during the bushfires and some even brought their

pets to the evacuation centre. The community is grateful to the club for playing this vital role. The commissions

that these clubs earn through Keno assist them to provide these important and valuable services to the community

and its members. Keno will continue to provide additional benefits to the club industry and broader community

from revenues that the joint licensee, Club Keno Holding, receives in a manner of different ways, such as:

• being returned to clubs as additional commissions so they may be reinvested through promotional activities and

equipment upgrades;

• given to charitable, sporting and other organisations across New South Wales;

• reinvesting in Keno game promotions and equipment for Clubs; and

• helping the club industry fund development and support projects.

Keno will operate under the modernised regulatory structure that applies to NSW Lotteries by granting licences

to the Keno licensee. This change provides a fair, transparent and reasonable regulatory regime that facilitates

growth and innovation while adhering to community standards. The strict harm minimisation requirements of the

Act will continue to apply to Keno. This allows the regulator to implement the modernised regulatory regime to

reduce red tape for Government and the operators while also providing for stronger regulatory oversight and

controls. This Government is continuing to deliver on its commitments to help the club industry remain viable

and sustainable.

In January 2015 the capabilities of clubs to act as evacuation centres was enhanced through the provision

of $1 million to clubs for upgrading facilities used during emergency situations. In July 2015 cheque issuing limits

were increased from $2,000 to $5,000, which will save clubs around $1.1 million and eliminate the need to draw

approximately 250,000 cheques annually. Gaming harm minimisation measures were enhanced in July 2015 by

lowering the cash input limit for gaming machines from $10,000 to $7,500. There remain six key Government

commitments in the memorandum of understanding [MoU] with ClubsNSW. I was proud to sign the MoU with

Moorebank Sports Club, or "Sporties", during the election campaign. The six commitments are to:

Review the local impact assessment process used to determine whether electronic gaming machines should be approved in

high risk areas

Modernise the Lotteries and Art Unions Act 1901 though a "root and branch" review

Introduce voluntary pre-commitment for gaming machines throughout NSW

Enhance the ClubGRANTS scheme... including strengthening the local committee process used by registered clubs to help

inform category one funding decisions

Review club amalgamation and de-amalgamation rules to reduce costs and complexity

Align the planning and liquor licensing systems to reduce duplication and costs

Implementation of these commitments is underway and will assist clubs to continue to deliver benefits to

communities across New South Wales. This bill reflects the Government's ongoing commitment to supporting

this vital and important industry that supports our local communities. This bill represents a sensible and

modernised regulatory approach to Keno licencing arrangements and rectifies issues that the former Government

introduced through the privatisation of NSW Lotteries. It will support many amazing clubs across New South

Wales such as Moorebank Sports Club, Liverpool Catholic Club, Club Menai and Club Central Liverpool, which

are located in my local area.

I thank the Deputy Premier and his staff for their work on creating this bill that I think will make a huge

difference to clubs across New South Wales. I also acknowledge the efforts of ClubsNSW during the review of

legislation. I recently spent some time with the people of ClubsNSW and I saw their passion for assisting local

communities. Clubs do important work in the community through the ClubGRANTS scheme. When I worked for

a charity I came to see the difference clubs can make on the ground through their donations to local charities and

people. When I worked for TAFE NSW, clubs helped to fund the modification of bicycles to donate to kids with

difficulties. I thank clubs and ClubsNSW chief executive Anthony Ball for their efforts. I commend this bill to

the House.

Mr STEPHEN BROMHEAD (Myall Lakes) (11:34): I support the Public Lotteries Amendment

(Keno Licensing) Bill 2016 and I congratulate the Deputy Premier, Troy Grant, on bringing it forward. This


legislation is particularly important to communities in regional New South Wales as it affects clubs that employ

many people who live in regional New South Wales. Often regional communities are dependent on their clubs

that act as the social centre of communities, with the one and only club in some small towns being an important

social hub. The object of the bill is to bring about three things: first, to amend the Public Lotteries Act 1996 to

establish the arrangements for the licensing of Keno under which the existing exclusive Keno licence will be

cancelled and new exclusive licences with a term expiring in 2050 will be granted to the existing licensees; two,

to provide transitional arrangements to facilitate the transfer of Keno operations from the existing Keno licence

to the new licences; and three, to insert a definition of "Keno". This bill follows a review of Keno licensing

arrangements. As stated in the Minister's second reading speech, the review found that:

…there was significant scope to modernise the Keno regulatory regime by bringing the licences into the modern regulatory regime

as it applies to NSW Lotteries.

Under the new regime, the incumbent licensees were granted new Keno licences until 1April 2050. The

Liberal-Nationals Government is committed to securing the future viability and sustainability of registered clubs

in this State. The measures in this bill implement an election commitment by the Government to review and to

extend the existing Keno licensing arrangements, with a focus on modernising regulatory arrangements and

providing long-term certainty to the joint licensees and venues. This bill builds on the reforms already

implemented by this Government to assist clubs and the communities they support. The Keno game was originally

introduced as a game by the clubs, for the clubs, and this bill confirms those arrangements into the future.

Registered clubs make a substantial economic and social contribution to New South Wales. They are not only one

of the State's largest employers but often they are one of the largest employers in country towns.

Clubs are at the heart of every community. They provide a place to socialise and a sense of belonging,

particularly in many regional communities. Clubs are an important community asset and deserve our support.

I can give many examples of the important role clubs play in regional communities, but will touch on just a few

in my electorate of Myall Lakes. Club Foster rallied the community of Foster-Tuncurry a few years ago when

Curtis Landers, a young fellow playing a junior rugby league game in Port Macquarie, broke his neck. Club Foster

organised a fundraising event for Curtis and got the likes of Ray Hadley to attend the charity night, which was

featured on the NRL Footy Show. This event raised a substantial sum to support Curtis and his family during his

recuperation. After Curtis broke his neck he could not move or breathe without assistance. Since then,

miraculously, he has recovered to the extent that he can walk and talk, although he still has some health issues.

He still needs assistance with breathing at night, when he is sleeping.

Club Forster and Sporties Tuncurry General Manager, Peter Clarke, and President, Claire Fletcher, did a

fantastic job supporting that family. Other clubs in the community also lent assistance. The Chief Executive

Officer of ClubsNSW is Anthony Ball. Last year Club Forster and Sporties Tuncurry was named club of the year

for its assistance to Curtis Landers and his family. ClubsNSW supports many different charities in communities

across the State. The New South Wales parliamentary Lions Club hosts a large charity fundraising night every

year and ClubsNSW is always the first to put up its hand to support that event.

Club Taree is co-located on Wingham Road with the golf club and the returned and services league [RSL]

club. They support the Taree RSL Sub-Branch as well as numerous sporting organisations and community groups

in Taree. It is through the support of Club Taree that the golf course remains open. Taree Leagues Sports Club

includes a bowls club. It owns and maintains the Jack Neal Oval on which the Taree City Bulls play. The field is

maintained to a high standard. Last weekend I attended the Jack Neal Oval together with club president Eddie

Loftus for the official turning on of the lights. The New South Wales Government supported the Taree Leagues

Sports Club with a grant of $100,000 to install playing quality lights at the field to enable training and playing of

rugby league, touch football, soccer and high school sports. In a few weeks the Wheels event will be held on a

Sunday with all moneys from that day benefitting the Taree Volunteer Rescue Association. That gives you a feel

for how important clubs are to a community and the help they provide to community organisations.

This Government recognises the importance of clubs in the community and recently amended the relevant

clubs regulations to relax the requirement for anyone living within a five-kilometre radius of a club to enter a club

during emergency situations. This change will allow clubs to better shelter and provide relief or other forms of

assistance to local residents during emergency situations that endanger or threaten to endanger their safety and

health. Clubs will be better able to help their communities in times of extreme need such as during fires, floods,

storms and heat waves when residents need to seek shelter and safety quickly. The change formally recognises

the important work clubs have performed during natural disaster situations by providing facilities and services to

local residents and emergency workers. They are an important community hub and deserving of support.

There remain six key Government commitments in the memorandum of understanding with ClubsNSW.

I was pleased to sign that memorandum of understanding with the presidents and general managers of numerous

clubs in the Myall Lakes electorate prior to the last election. These six commitments include: one, to review the


local impact assessment process used to determine whether electronic gaming machines should be approved in

high risk areas; two, to modernise the Lotteries and Art Unions Act through a root and branch review; three, to

introduce voluntary precommitment for gaming machines throughout New South Wales; four, enhance the

ClubGRANTS scheme, including strengthening the local committee process used by registered clubs to help

inform category one funding decisions; five, review club amalgamation and de-amalgamation rules to reduce the

cost and complexity; six, align the planning and liquor licensing systems to reduce duplication and costs.

Implementation of these commitments is underway and will assist clubs to continue to deliver benefits

to communities across New South Wales. Other commitments and reforms identified in the memorandum of

understanding will further enhance the viability of the club industry and provide greater business certainty through

such measures as a freeze on gaming machine tax rates for a further four years. This bill reflects the Government's

ongoing commitment to supporting industry viability. The measures in the bill support a modernised regulatory

approach allowing for greater oversight in areas that may be considered higher risk. The bill does not weaken

existing provisions applying to keno licences, this bill strengthens those provisions. I support the bill and

I commend it to the House.

Mr KEVIN ANDERSON (Tamworth) (11:44): I support the Public Lotteries Amendment (Keno

Licensing) Bill 2016. The bill implements one of the final commitments under the 2010 memorandum of

understanding with ClubsNSW. The Liberal-Nationals Government is committed to securing the future viability

and sustainability of registered clubs in New South Wales. The fiscal certainty provided by the bill allows for

clubs to develop long-term plans for a sustainable future. Registered clubs make a substantial economic and social

contribution to the State and provide key facilities in regional and metropolitan communities.

I note there are a number of students in the gallery today. We welcome you to the oldest Parliament in

Australia. Today we are talking about the benefits of clubs across New South Wales, whether in Sydney or

regional areas. I am the member for Tamworth. Clubs play an important role in the community in regional

New South Wales, just as they do in Parramatta or Rooty Hill. Tamworth has a number of high profile clubs that

put so much back into their community. When grounds need upgrading or community organisations require

funding or support to run a local event, clubs will be involved. ClubsNSW are benefactors of the Northern Inland

Academy of Sport across New South Wales. In my area the Northern Inland Academy of Sport receives many

benefits from ClubsNSW. That funding is derived from gaming, wagering and taxation. For every dollar you

spend in a club a portion is returned to the community.

A strong club equates to strong community groups. That may include upgrading the local football,

cricket, netball, soccer, baseball or soft ball grounds. They make a substantial economic contribution. New South

Wales has 719 bowling greens, 353 golf courses, 100 tennis facilities and 96 sporting fields directly related to

clubs. Clubs are one of the State's biggest employers with 42,000 jobs, more than 20,000 of which are located in

regional New South Wales. Clubs contribute $3.2 billion to this State's economy. For those looking for

employment in the hospitality industry ClubsNSW is the perfect entry point.

A club will provide a wide variety of options, whether it is serving beverages, catering, providing

entertainment or engaging in public promotion, clubs cover a wide range of employment opportunities. If you are

looking for a career in the hospitality, catering or entertainment industry clubs are an ideal place to start that

career. Clubs play an important role in the fabric of local communities by providing a variety of facilities to

communities in addition to a place to meet and socialise. Many organisations and community groups such as the

Country Women's Association, Rotary, Apex or other sporting organisations require a place to meet. That meeting

place may be a golf club, bowling club or RSL.

Clubs also provide important facilities during times of need. This Government has recognised that by

allowing clubs to take in local residents during emergencies without requiring those in need to be club members.

The revenues earned by clubs through Keno commissions assist them in providing these valuable services to the

community. Clubs have catering facilities and the space to accommodate people—nine times out of 10 they have

large rooms in which they can hold functions—and during emergencies such as floods and storms when

communities are suffering they can provide food and shelter. The Government has recently provided funding to

enable clubs to ensure that they have the appropriate catering facilities and that they can purchase or hire marquees

so that they can offer shelter or be an emergency gathering point.

Clubs will now have a greater role to play during emergencies. The Government is committed to looking

after our communities and it does that by creating links with clubs and community organisations. The revenue

that Keno Holding as joint licensee receives from Keno will continue to provide benefits to the club industry and

the broader community in a range of ways. They include funding being returned to clubs as additional

commissions so that they can be reinvested through promotional activities and equipment upgrades; being given

to charitable, sporting and other organisations across New South Wales; and being reinvested in Keno games and

equipment. This measure is helping the clubs industry to fund development and to support projects.


By granting licenses to the Keno licensee, Keno will operate under the modernised regulatory structure

that applies to NSW Lotteries. This will provide a fair, transparent and reasonable regulatory regime that facilitates

growth and innovation while adhering to community standards. The strict harm minimisation requirements in the

Public Lotteries Act 1996 will continue to apply to Keno. This will allow the regulator to implement the

modernised regulatory regime to reduce the red tape for the Government and the operators while also providing

for stronger regulatory oversight and control. We must stay ahead of the game. When we introduce legislation, a

procedure or regulatory control we must ensure that it is in keeping with community and public expectations, and

that it addresses concerns that have been raised. That is what this legislation will achieve. The Government is

amending the Public Lotteries Amendment (Keno Licensing) Bill 2016 and members are explaining the changes

so that the people of this State understand them.

The steering committee was assisted by expert advisers in dealing with financial, legal and probity

matters raised in the negotiations. The licences will be in effect until 1 April 2050, which represents a 28-year

extension. An independent valuation of the licence was undertaken to ensure that the State receives fair value for

the additional term of the licence. The new licence agreement includes the payment or more than $230 million to

the State. The tax that is applied when people play Keno is used by the Government to provide the services that

our community needs; that is, better roads, hospitals, schools and infrastructure. This Government is ensuring that

everyone in this great State has access to the services that they need. We like to see the economy ticking over so

that we can reinvest in services. That extra $230 million will be reinvested, and that is fantastic. We must continue

to build and to provide the best services we can. I commend the bill to the House.

Mr CHRIS PATTERSON (Camden) (11:53): I welcome the wonderful school leaders who are in the

public gallery. They include from my electorate Brittany Stoker and Alessandro De Nuntiis from Elderslie High

School, Georgia May Galea and Alexandra Turner from Magdalene Catholic High School, and Ebony Billett and

Lachlan Haidle from St Benedict's Catholic College. I thank them for taking the time to visit Parliament House

and I hope they get something out of it. It is wonderful to see them here watching us demonstrate how government

leadership works. As school leaders they play a major role in leadership at their school by working with their

teachers to ensure that everyone achieves great outcomes.

We are debating the Public Lotteries Amendment (Keno Licensing) Bill 2016, which will allow for the

extension of Keno licences. We cannot overlook the value that clubs offer our communities. My electorate of

Camden has some outstanding clubs and licensed premises that provide a great deal to the area. As the member

for Tamworth said, clubs provide a huge number of jobs. Before I was elected I worked in the fantastic hospitality

industry in Camden. People enter the industry to pursue a full-time career or to make some money while they are

at university and so on, and the industry provides many such opportunities. Given that, I encourage everyone to

support their local clubs. Our school leaders probably have brothers, sisters or fellow students who are working

in the hospitality industry. We should all support the clubs industry because it is such a good provider of jobs for

people across the community.

Of course, everyone must abide by the law and clubs must ensure that alcohol is served responsibly and

that they provide appropriate facilities. However, while ensuring that the industry abides by the law, the

Government must support it because of what it returns to the community. Of course, everyone who plays Keno

should do so responsibly. This legislation is about providing clubs with certainty by extending the existing

memorandum of understanding until 1 April 2050. This legislation includes a 28-year licence extension that will

enable the industry to budget more effectively.

As the member for Tamworth said, this is a win for the Government and a win for the clubs. We are not

doing this just because we are good people, although some might say that that is the case. This will ensure that

more than $200 million comes back into State revenue in that time—$200 million that this Government or future

governments can and will use to provide infrastructure, education, health services and so on. Gambling returns

money back to the State which enables us to channel funds into areas of need, so we see this as a win-win for the

Government and for the clubs as it will enable them to get on with doing their job.

The Minister for Justice and Police, Deputy Premier, Minister for the Arts, and Minister for Racing, who

has carriage of this legislation, does an outstanding job. We are lucky in Camden as the Deputy Premier spends a

great deal of time in our region addressing issues such as policing. Only last year the Deputy Premier attended

our domestic violence breakfast on White Ribbon Day, which signalled the start of the 16 days of activism to stop

violence against women. Domestic violence is an issue for which every person in this Chamber needs to show

zero tolerance. We as a society must stand up against domestic violence. I say to the young men in the gallery that

they need to stand up and be counted. Any form of violence against women and children cannot and should not

be tolerated.

On 13 November we will again hold our domestic violence breakfast at the Camden Civic Centre and

this will be the first year that we will invite school leaders. The three leaders from my school will attend the event


and get in touch with other schools. As a community we must stand up and say no to domestic violence and we

must do this within our schools. This year we will involve school leaders in the hope that they will take the

message back to their peers and to their community that domestic violence cannot and will not be tolerated—yet

another leadership role that our school leaders will play.

I thank the Deputy Premier for his support for our area and for everything that he does. Not long ago he

visited our area to lend support for the Miracle Mile at Menangle. We are lucky to have had his support. I could

speak for hours about many issues in this bill but will refrain from doing so as they have already been covered by

other speakers. I acknowledge the work of the Deputy Premier, his office and the department. They do an

outstanding job. This bill will provide certainty for all the wonderful clubs in our electorates, enable them to give

back to our communities and generate employment in our communities. Some of my colleagues think I should

seek an extension of time but I do not think that would be well received by Opposition members. I thank the

Chamber for its indulgence, hope that our school leaders have a wonderful day and that they get something out of

their visit to Parliament. I commend the bill to the House.

Mr RON HOENIG (Heffron) (12:03): I am delighted to contribute to debate on the Public Lotteries

Amendment (Keno Licensing) Bill 2016 and I endorse the views expressed earlier by the shadow Minister and

member for Maroubra. I am pleased that our school leaders are present in the gallery today to witness democracy

at its best. They might think that this is a bit of nonsense legislation but it highlights what is wrong with democracy

in New South Wales. As future leaders of this State they are witnessing the proceedings of the Legislative

Assembly, a sovereign House of Parliament that passes laws in this State. They should examine this legislation,

including the second reading speech of the Minister who introduced it, and ask: Why does the Government want

to hand over a flourishing business to Tabcorp, a public company, and ClubsNSW, the representative body of

clubs, for 28 years—beyond 2020?

Why does the Government want to hand over a licensing regime without explanation or without proper

public scrutiny? If there are reasons why the Government wants to hand over this lucrative business to Tabcorp

and to ClubsNSW for the next 34 years perhaps the Minister will enunciate those reasons when he replies to this

debate. I hope the only reason is not that over the next 34 years the Government will be paid $232 million. Until

2022 the Government will be paid $3 million a year and from 2022 to 2050 it will be paid $4.5 million a year. To

a New South Wales Government and Treasury that is only a drop in the ocean. The State spends about $60 billion

a year on its capital works program, so $3 million is not very much in comparison.

There may well be a reason why the Government wants to hand over this business, but it is the function

of this House to scrutinise the conduct of the Government and to find out the reason behind this deal or

arrangement. Members are aware of what clubs do throughout New South Wales and they are aware that they

support the community. Members are acutely aware how governments of all political persuasions have raped and

pillaged our clubs to such an extent that many of the smaller clubs are going broke. Treasury has not listened

carefully to the views of ClubsNSW, the peak representative body.

If the purpose of this legislation is to prevent our clubs, which are great employers in New South Wales

and which give so much to the community, from going broke, the Minister should come into the Chamber and

say so. If the Government and ClubsNSW have entered into some political deal or arrangement going into an

election, the Minister should say so. If we are to have an arms-length examination rather than internal steering

committees comprising representatives from the Department of Premier and Cabinet and Treasury, let the Minister

enunciate the criteria. As a matter of public principle, one cannot simply hand over a contractual arrangement for

a lousy $3 million or $4.5 million a year for the next 34 years unless there are reasons of substance and they are

disclosed to this House. Without competitive tender or arrangement there have to be extraordinary reasons to do

so.

There may well be some good reasons. I was not a part of the steering committee. I am simply a member

of this House who has been asked to vote on a bill and I can only rely on the material that the Government puts

before us. The purpose of the bill is often set out in the second reading speech, but the two-page second reading

speech of the Deputy Premier does not refer to a substantial reason for entering into this agreement. I am not

opposed to the bill. I am a great supporter of the club industry but the licensing and revenue arrangements go to

Tabcorp, which is a public company, and they go to ClubsNSW, the representative body of the clubs.

I am not aware of whether any revenue generated from ClubsNSW gets passed down to constituent clubs.

The reason I do not know is that it has not been disclosed by the Minister in his second reading speech. It is a

function of this House to scrutinise government legislation and it is my function as a member of this House to

vote on the bill. The Opposition is not opposed to the bill. I simply ask that the reasons behind the decision to

extend keno licensing arrangements to 2050 be explained to members of this House prior to voting on the bill.


Mr MICHAEL JOHNSEN (Upper Hunter) (12:11): I speak in support of the Public Lotteries

Amendment (Keno Licensing) Bill 2016. It is worth noting that this bill implements one of the final commitments

under the 2010 memorandum of understanding with ClubsNSW. The member for Heffron stated that there is a

lack of transparency and understanding about what is going on behind the scenes. While he was speaking I did a

quick Google search and I found the memorandum of understanding.

Mr Adam Crouch: It is not hard to find.

Mr MICHAEL JOHNSEN: It is not hard to find at all. It sets out the principles and gives some detail

about dollars and so forth and states that for a number of years the club industry will continue to contribute directly

to the State's economy. We also know that there are a lot of indirect benefits that clubs provide to local

communities across New South Wales. As a representative of a rural and regional area, I can attest to the fact that

clubs are the social fabric of our communities. Student leaders from around the State were present in the gallery

and two of those students were from Merriwa, a small community comprising several thousand people. The

bowling club, the RSL club and other smaller clubs in that area play a vital role in supporting the community

through employment and sponsoring sporting groups. Often indirect assistance is provided quietly because some

people in need do not want to be identified. From time to time the staff and management of clubs play a crucial

role in assisting vulnerable people in our community. Clubs also openly provide assistance to emergency services.

The memorandum of understanding, which was signed in 2010 between the New South Wales

Liberal-Nationals Government and ClubsNSW, allows clubs to be the centre of communities in times of

emergencies such as weather events. A little over 12 months ago the epicentre of the April super storm was in my

electorate of Dungog and clubs played a vital role in assisting community members who were in dire need. Clubs

came to the fore and worked with volunteers and emergency services such as the State Emergency Service, the

Rural Fire Service, police, ambulance, and Fire and Rescue NSW. It did not matter whether community members

were paid or volunteered. The clubs assisted and were a place of refuge for people during those tough times. The

storm did not last that long but the damage that was caused in Dungog is still evident today. Homes are still being

rebuilt and roads and bridges still need fixing. A lot of capital and social infrastructure is still being rebuilt in and

around Dungog. Clubs have not shied away from playing a central role in providing welfare and assistance to our

communities. We all know that clubs play a crucial role and have done so for some time.

The bill introduced by the Deputy Premier provides certainty for a greater time for keno licensees, which

will indirectly result in revenue to the State being allocated to important services such as health, education, roads

and emergency services. Let us not forget that certainty in licensing provides clubs with a degree of confidence

to go about their business and to invest on behalf of the community. They are non-profit organisations. We know

that some clubs have struggled over time and other clubs have flourished. I live in Scone and the Scone RSL

management, over the past five to 10 years, has spent millions of dollars which have come from the community

to improve club infrastructure through restaurants or more modern facilities to cater for more people.

The club has done a fantastic job. The people of Scone and visitors to the area appreciate the significant

capital investment that the club has made on behalf of and for the community. It is a social club but it is not shying

away from supporting other groups such as sporting clubs, school groups, or vulnerable people in need. Clubs in

Scone, Merriwa, Dungog and throughout my electorate have done a lot of work and continue to do a lot of work

for our community. It is fair and reasonable for the Government to do what it can to support the long-term viability

of our clubs such as providing certainty around keno licensing to create greater confidence for clubs to generate

an income stream on behalf of the community.

I return to the words spoken by the member for Heffron about the supposed lack of transparency and

I remind him that in 2010 a memorandum of understanding was signed by the New South Wales Liberal Party,

The Nationals and ClubsNSW. That memorandum of understanding, which was updated in 2014, clearly refers to

our gaming and taxation commitments, to the clubs' grants policies and to the gaming policies. The document

covers the establishment and amalgamation of clubs, emergency services, the responsible service of alcohol,

transparency and responsibilities. The terms of the agreement are set out in that transparent document which is

available for everyone to see and by which the clubs abide. The Government supports the clubs' commitment to

our communities. Ultimately, this legislation supports our communities by creating a licensing regime that brings

confidence back into the system. I commend the bill to the House.

Mr DAMIEN TUDEHOPE (Epping) (12:20): I support the Public Lotteries Amendment (Keno

Licensing) Bill 2016. Many clubs in the Epping electorate deliver wonderful community services to the people of

that electorate. I will talk about one of those clubs shortly. The member for Heffron, while acknowledging his

obligations to the unity of his party, spent a significant amount of time criticising what he suggested was a lack

of transparency in the way in which the agreement was reached between the Government, Tabcorp and

ClubsNSW. He suggested that this was a valuable asset that the Government has passed on to these organisations


without receiving any return to the State. If the member for Heffron had taken the time to examine the document

he would have seen that the return to the State lies in the obligations of the gaming industry.

There is a perception that the Government must determine the manner in which gambling is organised in

clubs and other organisations. That perception is fallacious. We need an agreement that ensures that the deliverers

of those services abide by various commitments. The memorandum of understanding [MOU] that has been

reached by the Government together with Tabcorp and ClubsNSW sets out the obligations of various organisations

to abide by their commitments. Those obligations were adequately addressed by the member for Upper Hunter

but I will repeat them because this is what the Government gets in return for committing to this memorandum of

understanding. A review of the local impact assessment process will determine whether electronic gaming

machines should be approved in high-risk areas.

The MOU provides an opportunity to modernise the Lotteries and Art Unions Act 1901 through a root-

and-branch review. It provides an opportunity to introduce voluntary precommitment for gaming machines

throughout New South Wales. The introduction of voluntary precommitment was a significant issue for the

member for Newtown. The memorandum of understanding provides an opportunity to enhance the ClubGRANTS

scheme, including strengthening the local committee process used by registered clubs to help form category 1

funding decisions. It provides an opportunity to review club amalgamation and de-amalgamation rules to reduce

costs and complexities. The MOU provides an opportunity to align the planning and liquor licensing systems to

reduce duplication and costs.

The implementation of these commitments is underway and clubs will continue to deliver benefits to the

communities of New South Wales. As has been mentioned by many other members who have spoken in this

debate, the role that clubs play in this State cannot be underestimated. In New South Wales there are 719 bowling

greens, 353 golf courses, 100 tennis facilities and 96 sporting fields directly related to clubs. Clubs are one of the

biggest employers in the State. They provide 42,000 jobs, more than 20,000 of which are in regional New South

Wales. Clubs contribute $3.2 billion to this State's economy. The member for Heffron wanted a return to the

Government for this agreement and $3.2 billion seems to me to be a pretty good return. The obligation of the

Government is to ensure that clubs are run well and are financially viable.

I attended a number of Anzac Day events, as did many of my colleagues. It is great to be a member of

Parliament on Anzac Day because it provides us with an opportunity to interact with the local community.

I attended a dawn service in Forest Park in Epping. Some 500 people who attended the dawn service returned to

the Epping Club for a free breakfast, which included beer, rum, milk and all sorts of drinks that I do not think

I have ever drunk at that time of the morning. Those are the sorts of events that are hosted by clubs. The Epping

Club, which is run by RSL members, is a really well-managed club. David Taylor, the President of the club, is a

retired company general manager who has had national and international responsibilities. He has been a club

member for 21 years and is a life member of RSL Australia. Ken Wighton, Vice-President of the Epping Club,

was part of the occupying force in Japan after the Second World War. I would like to acknowledge in a forceful

way the contribution made by the occupying force in Japan after the war.

John Curdie, OAM, is the Vice-President, Finance, of the club. He is a retired surveyor and has been a

club member for 28 years. John Prestidge, a director, has been a club member for 11 years. Kirsten Baker, John

Donohoe, Barry Hoschke and Max Falconer are all RSL members who have contributed a significant amount of

their time and lives to ensuring that this club is run well for the benefit of the community. Peter Saez, the CEO of

the Epping Club, is one of the most outstanding club directors in this State. Whenever one goes to the Epping

Club for a function—whether it is a wedding or another event—it is always a pleasure to be there. The ambience

of the club is the envy of many clubs in New South Wales. The Epping Club has just carried out significant

renovations to its restaurant, Rawsons. I encourage anyone who wishes to enjoy a meal in my electorate to visit

Rawsons at the Epping Club. My wife and I spent a wonderful evening there last Saturday night.

The clubs provide community facilities for people—including gyms, convention centres, restaurants and

the like—but, more importantly, they do other things for the community. I take this opportunity to acknowledge

some of the donations that were made by the Epping Club last year. Last year the club donated from club proceeds

$10,000 to the Rotary Club of Epping; $10,000 to the Lynne King Cancer Foundation on two occasions;

$10,000 to Christian Community Aid, the Shack Youth Outreach; $6,600 to the Golden Kangaroos; $4,240 to the

War Widows' Guild of Australia; $5,026 to the Epping RSL Granny Smith Day Club; and $10,000 and

$9,691 respectively to the Epping RSL Sub-Branch.

Other community groups also received donations. Max Potential, which is an organisation supporting the

education of youth in Epping, received a grant of $30,000; Liquor Accord, a mobile education facility, received

$5,000; the Lorna Hodgkinson Sunshine Home received $5,000; and Camp Quality received $5,000. Other local

charities received $1,300, the club gave money to local primary schools and it has a community bus. This is all

money that the club puts back into the community. As a government, we need to acknowledge the contribution


that clubs make. This legislation, and the agreement reached on the delivery of keno services, will support the

operation of these clubs. We ought to acknowledge the work done by the Minister in reaching this agreement for

the benefit of the clubs of New South Wales. I commend the bill to the House.

Mr JOHN SIDOTI (Drummoyne) (12:30): I support the Public Lotteries Amendment (Keno

Licensing) Bill 2016 and I commend the previous speaker, the member for Epping, for his passionate dedication

to the clubs in his area. It is a passion we all share. This bill demonstrates yet again the Government's commitment

to securing the long-term financial viability and sustainability of the New South Wales registered clubs industry.

As with any business or organisation, clubs have to plan for the future, and this bill certainly allows them to do

that. Long-term certainty allows the clubs to develop long-term plans for their future.

Earlier I heard the member for Terrigal mention some of the statistics demonstrating the substantial

economic contribution that clubs make to New South Wales. He mentioned the facilities sustained by the bowling

clubs. Who would have thought they were supporting 719 bowling greens? These are vital facilities that cost a lot

of money and it would be very difficult for the clubs to deliver them on their own. I talked to a greenkeeper in my

area who told me that the cost of maintaining a green is in the vicinity of $100,000 per year. It would not be a

financially viable proposition without bills such as this allowing clubs to make money out of Keno and other

activities. Giving them that capability allows clubs to cross-subsidise their other, socially responsible, activities—

activities that would probably not otherwise be able to stand on their own two feet from a financial perspective.

New South Wales also has 353 golf courses. As a member of a golf club for in excess of 20 years, I can

tell you that there are three wonderful golf courses in my electorate: Barnwell Park Golf Club, Massey Park Golf

Club and Concord Golf Club. The Concord Golf Club is one of the premier golf clubs in this State—and I try to

get out there as regularly as I can. Those clubs do a wonderful job. You can see that in the social aspects of the

clubs, their business activities and the great harmony they create in our communities. There are also many tennis

facilities and some 96 sporting fields directly related to clubs. I have looked at some of the great work clubs have

done. One example is next door in the electorate of Balmain at Lambert Park, the great icon of the old Apia-

Leichardt soccer team, now the Leichardt Tigers. That facility received some $3 million. I remember campaigning

back in 2011 for the club to get some upgrades. That would not have been possible without the legislation

introduced by this Government and without the financial contributions from the clubs industry.

The inner west is blessed with some wonderful clubs. In my electorate, Club Canada Bay—formerly the

Western Suburbs Soccer Club—is one of my favourites. It is an absolute gem. It is known as "the family club". It

has a great Italian restaurant as well as a nice, informal Chinese restaurant that I always enjoy eating at. The board

of directors, which includes John Idotta, is wonderful. These are people who dedicate their lives to what they

believe in and to providing services and facilities they are proud of. It is such a great hub. The work that clubs do

is absolutely amazing. Five Dock RSL is in the heart of Five Dock. It is another great club that has been there for

years. Concord RSL is the only club in the Concord precinct and it does some great stuff. It held a wonderful

service on Anzac Day at 5.30 in the morning—which I was fortunate to be able to send one of my staffers to.

I opted to attend the service that was held half an hour later at Breakfast Point, which was fantastic. The problem

is that many services overlap and you cannot break yourself up into little pieces and attend them all.

Another great club in my electorate is Drummoyne Sailing Club. It has been there for more than 100 years

and has one of the best restaurants in town, Ecco Ristorante, which is run by Claude Carnivale and his family.

I will be there tomorrow evening for a dinner. It is absolutely amazing. We are also blessed to have the Tigers

Leagues Club, which has moved from Balmain to Barnstaple Road in Five Dock—the former Five Dock Bowling

Club. It is doing great things. It also has a wonderful restaurant: Carmen's on the Park. Clubs are doing great

things across our State. As a previous speaker alluded to, it is not just about the fine food, great dining and facilities

that clubs provide; the clubs industry is also one of the State's biggest employers—42,000 jobs.

We should never forget that. As has also been mentioned, one of the other reasons this Government

should be proud of the policies it has put in place in this area is that—as our rural and regional members will be

happy about—more than 20,000 of those jobs are in their electorates. Clubs make a substantial contribution in

regional areas of New South Wales. Over the Easter holiday break I visited Nelson Bay with my family and saw

first-hand some of the great clubs in that area and the role they play. Many areas of the inner west of Sydney are

flush with great eateries and facilities, so we can underestimate the importance of clubs. But I know that the jobs

generated by clubs, particularly in rural areas, are vital. They are the lifeblood of many communities, particularly

those in rural New South Wales.

I now return to the bill. It builds on the reforms already implemented by this Government to assist clubs

and the communities they support. Keno was originally introduced as a game by the clubs and for the clubs. The

bill confirms those arrangements for the future, supporting the sustainability of clubs. Registered clubs make

substantial economic and social contributions and are not only one of the State's largest employers but also, as

I mentioned, one of the largest employers in country New South Wales. That should not be understated. Clubs are


at the heart of every community. They provide a place to socialise and a sense of belonging, particularly in regional

areas. Clubs are a very important community asset and are deserving of this House's support. That is something

we have been saying for a long time—since being elected in 2011. Clubs contribute in ways that are simply

unbelievable.

I heard some members opposite talking about some of the not-so-positive aspects of club activities, those

associated with problem gambling. But the clubs are doing their very best by implementing harm-minimisation

measures. These were enhanced in July 2015 through the lowering of the cash input limits for gambling machines

from $10,000 to $7,500 and through increasing cheque-issuing limits. So a number of things have been done to

address some of the not-so-positive aspects of club activities. I acknowledge that in an ideal world we would try

to reduce problem gambling to zero, but I think the benefits from the clubs of New South Wales far outweigh any

possible negatives—and I know the clubs devote a lot of time and resources to education programs and to trying

to stop people becoming problem gamblers or to overcoming the social issues associated with that.

Implementation of these commitments is underway to enable clubs to continue to deliver benefits to

communities across this State. The Government's commitment to reforms identified in the memorandum of

understanding will further enhance the viability of the club industry and provide greater business certainty through

measures such as a freeze on gambling machine tax rates for a further four years. The bill reflects the Government's

ongoing commitment to the clubs industry. I hope that the bill will have bipartisan support in its passage through

this Chamber.

The measures in the bill support a modernised regulatory approach allowing for greater regulatory

oversight in areas that may be considered high risk. This legislation does not weaken existing provisions applying

to Keno licensees—in fact, it strengthens provisions such as the sustainability requirements and fit and proper

person requirements so the Minister has an ongoing role in ensuring that operators and their close associates

continue to be suitable to operate Keno licences. I fully support all the clubs in my electorate of Drummoyne, and

I know everyone in this place supports the clubs in their communities. I am very proud of the work done by clubs

and the facilities they provide. I commend the bill to the House.

Mr MATT KEAN (Hornsby) (12:40): I am delighted to speak in support of the Public Lotteries

Amendment (Keno Licensing) Bill 2016 because I have had firsthand experience of the outstanding work of clubs

in communities across New South Wales. Recently the premises of a disability services provider in my electorate,

Studio ARTES—a much-loved organisation—unfortunately burned to the ground, displacing 180 people living

with a disability. Who were the first people to come to their rescue? Who were the first people on the scene to

provide a facility for those displaced people? It was the clubs in my community. I place on the public record my

support and gratitude for the Hornsby RSL Club and the Asquith Rugby League Club. Those clubs opened their

doors to very vulnerable people and gave them the opportunity to continue to do what they love. This is not the

only example of the work of clubs in my community—in fact, there are countless examples. If there is a good

cause the clubs are often the first ones to help. They include the Hornsby RSL Club, the Asquith Rugby League

Club, the Galston Club and Club Berowra. Our communities are better off because of the work those clubs do.

I support the bill because it implements one of the final commitments under the 2010 memorandum of

understanding with ClubsNSW. Our Government is committed to securing the future viability and sustainability

of registered clubs in New South Wales. The bill goes a long way towards achieving that and will support clubs

such as the ones in my community. Registered clubs make substantial economic and social contributions to this

State and provide key facilities in regional and metropolitan communities across New South Wales. New South

Wales has 719 bowling greens, 353 golf courses, 100 tennis facilities and 96 sporting fields directly related to

clubs. I know that the Asquith Bowling Club has Keno and it is terrific club in my local community.

What is not often acknowledged is the role that clubs play in creating employment and thus helping to

grow our economy. Clubs are one of the biggest employers in this State, employing more than 42,000 people.

More than 20,000 of those jobs are in regional New South Wales. I note that the member for Northern Tablelands

is in the Chamber. Clubs play an important role in creating employment in his electorate. Clubs contribute

$3.2 billion to the State's economy. They play an important role in the fabric of local communities like mine,

providing a variety of facilities for those communities in addition to being places to meet and socialise. Clubs also

provide important facilities during times of need. As I outlined earlier, Studio ARTES was in desperate need of a

new facility and the morning after fire ripped through its building the clubs opened their doors to ensure that

vulnerable people were able to continue accessing its services.

The revenue earned by clubs through Keno commissions assist them to provide valuable services to

members. The revenue that Club Keno Holdings, as joint licensee, receives from Keno will continue to provide

benefits to the clubs industry and the broader community in a range of ways. For example, this revenue will be

returned to clubs as additional commissions that may be reinvested through promotional activities and equipment


upgrades or given to charitable or sporting and other organisations across New South Wales, reinvested in Keno

game promotions and equipment or used to help the clubs industry fund development and support projects.

Mr Temporary Speaker Notley-Smith, I know that you are very interested in the regulatory structure

being proposed. By granting new licences to the Keno licensee, Keno will operate under the modernised regulatory

structure that applies to NSW Lotteries—and I know everyone is excited about that prospect. It will provide a fair,

transparent and reasonable regulatory regime to facilitate growth and innovation while adhering to community

standards. The strict harm minimisation requirements in the Act will continue to apply to Keno. That is not all.

My work experience student, Jacques, who has come from the United Kingdom, is in the gallery to hear us talk

about this bill and the role that clubs play in our communities. Jacques is doing a fantastic job for me and for the

people of Hornsby. The new regulatory structure will allow the regulator to implement the modernised regulatory

regime to reduce red tape for the Government and the operators, while also providing stronger regulatory oversight

and controls.

The licensing process is also exciting. The negotiations around the terms of the licences were conducted

at arm's length from government by a steering committee of senior officials from NSW Treasury, the Department

of Premier and Cabinet, and the Office of Liquor, Gaming and Racing—now Liquor and Gaming NSW. The

steering committee was assisted by expert advisers on financial, legal and probity matters relating to the

negotiations. The term of the licences will be until 1 April 2050, when I am sure the Temporary Speaker will still

be a member of this place, as no doubt will the member of Northern Tablelands, who is a young and vibrant

member—he will be the Philip Ruddock of the State Parliament. This represents an extension of 28 years on the

existing licences. An independent valuation of the licences was undertaken to ensure that the State achieved fair

value for the additional licence terms, so everyone is a winner. The agreement for the new licences includes the

payment of more than $230 million to the State during the term of the new licences. This additional money can

be invested in new infrastructure and services within New South Wales.

I now turn to the six key government commitments in the memorandum with ClubsNSW. These are: a

review of the local impact assessment process to determine whether electronic gaming machines should be

approved in high-risk areas; modernising the Lotteries and Art Union Act 1901, which could do with

modernisation through a root-and-branch review, and is exciting stuff; introducing voluntary pre-commitment for

gaming machines throughout New South Wales; enhancing the ClubGRANTS scheme, about which I am pumped,

including by strengthening the local committee process used by registered clubs to help inform category one

funding decisions—I believe grants for a range of charitable organisations have recently been sent to clubs in

communities such as mine—reviewing club amalgamation and de-amalgamation rules to reduce duplication and

costs, which I am pleased to see the member for Wyong is excited about; and aligning the planning and liquor

licensing systems to reduce duplication and costs.

I am excited to report that the implementation of these commitments is well underway to help clubs

continue to deliver benefits to communities across the State. Other commitments and reforms identified in the

memorandum of understanding will further enhance the viability of the clubs industry and provide greater business

certainty through measures such as a freeze on the gaming machine tax rates for a further four years.

The bill does not weaken existing provisions already applying to Keno licences. In fact, the bill

strengthens those provisions, such as the suitability requirements or fit and proper person requirements. The

Minister has an ongoing role in ensuring that operators and their close associates continue to be suitable to conduct

Keno. The bill supports the outstanding work that clubs do in communities—not just mine, but communities

across New South Wales. They provide an important avenue for social activities, support for community groups

across the State and other important work. The role of government is to support organisations that do vital work,

which is what this bill does. The bill ensures that clubs across the State are viable and can continue their excellent

work. [Extension of time]

Why would I not seek an extension of time to talk about this exciting bill? The Hornsby RSL Club,

Galston Club, Asquith Leagues Club, Berowra RSL Club and the Asquith Bowling and Recreation Club provide

great community facilities. The Hornsby RSL Club, under the stewardship of president Colin Bourke, recently

refurbished its community facilities and opened a Chinese bistro. I opened the facilities late last year. The Hornsby

RSL Club is an iconic part of the community. Recently the preselection of the new Liberal candidate for Berowra

was held at the club. It was a good result.

The Northern District Cricket Club, led by Graham Gorrie and Mike Langford, recently held its annual

dinner at the Asquith Leagues Club, which has also been refurbished to include a Chinese bistro. I recently opened

that refurbishment. The club provides facilities for a range of activities involving seniors, young people and

families. Those clubs are an important part of the community and offer wonderful facilities. They provide money

through the ClubGRANTS scheme to community groups such as the Rural Fire Service, sporting clubs and

disability service providers. Clubs do outstanding work across the community. I support the Public Lotteries


Amendment (Keno Licensing) Bill 2016 and my local clubs, and I implore every member of the House to do

likewise.

Mr ADAM MARSHALL (Northern Tablelands) (12:52): I support the Public Lotteries Amendment

(Keno Licensing) Bill 2016 and add my remarks to those of members who have heaped praise on their local clubs.

The bill is important. It is elegant in its simplicity yet its impact on the clubs industry is profound. The simplicity

of the bill belies its importance to the ongoing viability and sustainability of the clubs sector. Keno is an important

part of the suite of activities that people enjoy at their local club. While people go to clubs to attend meetings or

other events, it is not uncommon to see them enjoy a flutter on Keno—and good on them. The object of the bill is

to amend the Public Lotteries Act 1996:

(a) to establish new arrangements for the licensing of keno under which the existing exclusive keno licence will be cancelled

and new exclusive keno licences with a term expiring in 2050 will be granted to the existing licensees, and

(b) to provide transitional arrangements to facilitate the transfer of keno operations from the existing keno licence to the

new licences, and

(c) to insert a definition of keno.

We have heard during the debate about the importance of the clubs industry throughout New South Wales. That

is particularly true in country New South Wales, where clubs are a focal point for community meetings, weddings,

receptions and wakes. All manner of community events are held in clubs. In many small country communities the

clubs have the largest and best facilities. In some towns the club is the only place that can cater for events or where

people can get a meal in the evening, given that some pubs no longer have catering. Clubs are important social

entities in our communities. I note that members representing the electorates of Terrigal, Myall Lakes and Port

Macquarie and the Minister for Early Childhood Education, who is at the table, spoke about the important role of

clubs as shelters during emergencies. People gather there during storm, flood and fire events. The clubs have

stepped up to the mark and said, "We will look after our local communities." We see that every day.

In the Northern Tablelands the Armidale City Bowling Club does a great job. I give a big shout-out to

Patrick Crick, Phil Wheaton and Richie Clutterbuck, the president and quite a good lawn bowler. The club cares

for people during emergencies and it also looks after those who represent our State and our country at international

events. Recently the club helped a local resident who was selected in the Australian skeet shooting team to

compete in an international event in Argentina. This farmer, from near Uralla, was struggling to find the money

he needed to compete at the elite level of his sport. The club stepped forward in a no-nonsense way, without

seeking publicity, and took care of his travel expenses so that he could compete at an elite level alongside his

metropolitan counterparts. That is terrific. The club would not be in a position to offer assistance if it did not have

a strong business, and a viable Keno sector is an important part of that.

It is the same at the Glen Innes and District Services Club. General Manager Pat Lonergan—who is

known as "fat Pat"—is a jolly fellow who does a great job running the club. Russell Meehan is president of the

board. Glen Innes is a community of 5,000 people. It was going to lose its golf club, which was struggling

financially and facing closure. It was to be sold off and lost to the community not only as a place of recreation but

also as an important function space. The Glen Innes and District Services Club stepped in and bought the golf

club, which it is running off its balance sheet. It has been difficult financially for the Glen Innes and District

Services Club to absorb the costs of the golf club but it has done so as a service to the community. It does not

make any money for the club; it is a service to the community. That would not be possible without the commissions

and revenue that Keno brings into that club. It is vital. Keno underpins the financial viability of many clubs,

allowing them to contribute to a wonderful program called ClubGRANTS. The Deputy Premier, who has just

entered the Chamber, is a champion of the program.

Major clubs grants have been awarded to three clubs in my electorate. The Moree Boomerangs Rugby

Leagues Club was awarded $1.4 million to expand its home ground and to build a big clubhouse. As a result, it

partnered with the Salvation Army to run a number of programs for vulnerable young people, and particularly

young Aboriginal people. Again, that would not have happened without the support of the clubs industry. Two

grants that were awarded in Inverell were strongly supported by local clubs both through contributions to the State

Government as gaming revenue and the in-kind assistance that they provide in the community. One grant was

used to upgrade the Cameron Park Sport and Recreational Complex in Inverell. The Deputy Premier also recently

visited Inverell to announce a $930,000 grant to support the upgrade of the Inverell Sporting Complex, which will

enable 11 sporting groups to expand in the local community. That grant will mean that more people will be able

to access affordable sport.

I thank Tim Palmer from the Inverell RSM Club and Scott Langley from the Inverell East Bowling Club,

who both do great jobs in their clubs and who are champions for their local communities and sporting

organisations. That grants program would not succeed without the revenue garnered from the clubs and the in-kind


contributions that they make regularly by sponsoring sporting groups and individuals who wish to participate at

the elite level in their chosen sport. On behalf of my community I thank them for their efforts. On the surface this

bill might look simple. However, that impression belies the impact it will have on the viability of the State's clubs

industry. It is important to have strong clubs because they are a focal point for our community organisations. The

support they provide to sporting and community groups is remarkable. Scott Sullivan, the chief executive officer

of the Armidale Ex Services Memorial Club, has encouraged the club to support the annual Tour de Rocks Ride,

which is a three-day cycling event stretching from Armidale to South West Rocks that raises money to support

cancer research. [Extension of time]

I congratulate Bill Wheeler, who has organised the event for the five years in which it has been held. The

recent April event brought the total amount raised so far to more than $1 million. The event is strongly supported

by the Armidale City Bowling Club and, most importantly, by the Armidale Ex Services Memorial Club. Scott

Sullivan has not only arranged for his club to provide financial backing for the event but he has also taken to his

bike and participated in the ride along with two club staff teams. Scott had the distinction of winning an award

for the most embarrassing fall, which occurred as he was in the final stage of the first day of the event. I am sure

he will appreciate my mentioning that. I have provided a snapshot of the important role that clubs play in the

electorate of Northern Tablelands. That would not be possible without legislation like this, which is elegant in its

simplicity but which belies the huge impact it will have on the viability of clubs in country New South Wales.

I am pleased to commend this bill to the House.

Mr TROY GRANT (Dubbo—Minister for Justice and Police, Deputy Premier, Minister for the

Arts, and Minister for Racing) (13:04): In reply: I thank the shadow Minister for Gaming and Racing, the

member for Maroubra, for his outstanding contribution to this debate and, importantly, for his reflections on what

happened in this area when the Labor Government was in office. I thank him for providing the context and history

of this legislation, which has allowed the Coalition Government to introduce changes dealing with the long-term

operation of Keno in New South Wales. As many members have said, this legislation will provide significant

benefits for clubs and consequently New South Wales communities. Of course, it will also assist the Government

more broadly. I thank the members for Tweed, Holsworthy, Myall Lakes, Tamworth, Drummoyne, Epping,

Camden, Upper Hunter, Hornsby, Terrigal, and Northern Tableland for the articulate contributions they made

about what clubs in their electorates do to assist their local communities. Members recognised the significant

contributions made by clubs as a result of having Keno games played on their premises. I also acknowledge the

contributions made by the member for Newtown and the member for Heffron, who raised a number of issues that

I will now address.

This bill implements one of the final commitments made in the 2010 memorandum of understanding

entered into with ClubsNSW; that is, to review and to extend the existing Keno licensing arrangements. The bill

also implements the legislative component of commercial undertakings to issue a new Keno operator and product

licence. That will provide for a modernised regulatory framework similar to that applying to NSW Lotteries while

also reducing regulatory red tape. The extension of the Keno licensing arrangements is valuable to the licensees

because it will provide them with certainty of investment and will generate long-term Keno earnings. Venues will

continue to benefit from having Keno products by way of commissions received for the conduct of games on their

premises.

The member for Newtown expressed concerns about the process used and information in the public

domain regarding who ran the licensing and negotiation processes. I advise the House that the process was

conducted under the Government's major transactions framework. In accordance with that framework, a steering

committee was established to manage the process. That committee comprised representatives from the Office of

Liquor, Gaming and Racing as it was then known—it is now known as Liquor and Gaming NSW—the New South

Wales Treasury, and the Department of Premier and Cabinet. Expert advisers were appointed to support the

process. They included Macquarie Capital, which provided financial advice, Baker and McKenzie, which

provided legal advice, and McGregor Consultants Limited, which provided oversight of probity.

The process was undertaken under the standard confidentiality and probity constraints that apply to

commercial transactions of this nature. The process was also consistent with Independent Commission Against

Corruption guidelines for the management of direct negotiations. A notice was publish on the regulator's website

during the process noting that negotiations had commenced and providing the reason for the direct negotiation. It

is therefore not appropriate for this to be in the public domain. I am very comfortable as the Minister having no

part in the process that probity in all circumstances, as it should be, was honoured.

In addition the member for Newtown made comments about gambling harm and the consideration of that

as part of this process. I am happy to inform her and the House that the Productivity Commission found in its

2010 report on gambling that lotteries including Keno represent a low risk of harm. This bill does nothing to

increase that already low risk. The rules of the game are not being changed. The frequency of the games, which


is significantly lower than the rate of play for gaming machines and casino table games, remains the same. Minors

are still prohibited from playing Keno. While Keno represents only a low risk of gambling harm, players still have

access to the full range of gambling support measures the Government has put in place.

The New South Wales Government has committed $21 million in the 2015-2016 financial year to reduce

the incidence of problem gambling—a strong investment. Currently 56 agencies throughout New South Wales

are contracted until 30 June 2017 to provide face-to-face support including Aboriginal specific services and

services offering counselling in Arabic, Chinese, Vietnamese and Italian. The gambling help line provides phone

counselling, information and referral services 24 hours a day, seven days a week. The national Gambling Help

Online service provides resources and online counselling. Patrons can also ask a venue to exclude them from the

part of a venue in which the Keno facilities are located. I hope that assists the member for Newtown.

In regards to the member for Heffron's question about the potential competitive tender process, I am

happy to inform him and the Parliament that, consistent with Government policy, Keno is run by ClubsNSW. The

Government approved the licence transaction as a direct negotiation process with the incumbent licensees.

Tabcorp is the longstanding partner chosen by ClubsNSW to provide the management expertise and capacity to

conduct the game in New South Wales. Therefore, the advice to the member for Heffron is that the Government

did not undertake a competitive tender process. The terms of the licence are appropriate to provide certainty in

the future. This confirms clubs will continue to benefit from Keno.

In closing I foreshadow—as I have advised the Opposition—the Government will move a minor

amendment to a provision contained in this bill. The amendment will enable an extension of the time frame for

the passage of legislation. This is because the legislation was not able to be progressed before the recent

parliamentary sitting period ended. This will give effect to the licence transaction as negotiated. I thank all who

have spoken on this bill and I commend the bill to the House.

Motion agreed to.

Consideration in detail requested by Mr Troy Grant.

Consideration in Detail

TEMPORARY SPEAKER (Mr Notley-Smith): By leave I shall propose the bill in groups of clauses

and schedules. The question is that clauses 1 and 2 be agreed to.

Clauses 1 and 2 agreed to.


Arts, and Minister for Racing) (13:13): I move Government amendment No. 1 on sheet C2016-031:

No. 1 Supplementary deed poll

Page 4, Schedule 1 [3], proposed section 21M. Insert after line 10:

(3) The reference in this section to the offer made in the tabled copy of the deed poll includes that

offer as extended by any supplementary deed poll to the extent that the supplementary deed poll

extends the time by which any condition precedent referred to in the tabled copy of the deed may

be satisfied.

The Government is moving a minor amendment to a provision in the bill. The amendment is necessary to enable

an extension of the time frame for the passage of legislation which will give effect to the licence transaction as

negotiated between the State and the joint licensees, Keno (NSW) Pty Ltd and Club Keno Holdings. Proposed

section 21M of the bill authorises the Minister to accept the offer made in the deed poll dated 22 December 2015

and tabled with this bill. The negotiated outcomes set out in the offer documents contain time frames for satisfying

conditions associated with implementing future Keno licensing arrangements. This includes legislation giving

effect to the transaction.

As this legislation was not able to be progressed before the recent parliamentary sitting period ended,

these time frames must be adjusted. The amendment essentially allows the offer deadline to be extended and

enables the Government to implement modernised Keno licensing arrangements as set out in the tabled transaction

documents. The offer deadline has been extended from 30 April 2016 until 7 July 2016 so that new legislation

may be introduced and new licences can be issued to implement modernised Keno licensing arrangements. On

the advice of the Parliamentary Counsel's Office the amended provision does not require any supplemental deed

to be tabled in order to simplify the extension process. I commend the amendment to the House.

TEMPORARY SPEAKER (Mr Bruce Notley-Smith): The question is that Government amendment

No. 1 on sheet C016-031 be agreed to.

Amendment agreed to.


TEMPORARY SPEAKER (Mr Bruce Notley-Smith): The question is that schedule 1, as amended,

be agreed to.

Schedule 1, as amended, agreed to.

Third Reading


Arts, and Minister for Racing) (13:16): I move:


Motion agreed to.

FINES AMENDMENT BILL 2016

First Reading

Bill received from the Legislative Council, introduced and read a first time.

TEMPORARY SPEAKER (Mr Bruce Notley-Smith): I order that the second reading stand an order

of the day for a later time.

Community Recognition Statements

WINGHAM FRAMES AND TRUSSES

Mr STEPHEN BROMHEAD (Myall Lakes) (13:17): I congratulate Wingham Frames and Trusses

who are celebrating 38 years in the industry in August 2016. I also congratulate Robyn and Henk Heller who

retired on Wednesday 20 April 2016. Over the years the business has grown from an initial staff and management

level of six to currently 20, with Robyn and Henk Heller at the helm from the beginning. They now have a new

guard of owners: son Dane and his wife, Jennifer. They are proud to be maintaining the family tradition of the

company in its second generation. Jennifer and Dane will continue to trade in the Manning Valley. Wingham

Frames and Trusses has an extensive reach into areas not only locally but to South West Rocks to the north, the

Hunter Valley and Newcastle environs to the south, and west to Gloucester. The company has been supplying

quality frames and trusses to the building industry for the past 38 years. I congratulate them and thank them for

their support as members of the National Party.

TRIBUTE TO JADE FRITH

Mr GREG PIPER (Lake Macquarie) (13:18): On the afternoon of Tuesday 26 April a young woman

was struck by a car at Warners Bay causing serious injury. That young woman, 15-year-old Jade Frith, tragically

died the following day in John Hunter Hospital. Jade lived with her family at Coal Point in Lake Macquarie and

was by all accounts greatly loved by all her knew her. I met Jade at a function in the lead-up to the International

Children's Games in 2014 in which she participated for Team Lake Macquarie in swimming. Swimming was a

large part of Jade's life and something that she excelled at. It was while making her way to swimming training on

that fateful Tuesday that the accident occurred.

Jade was greatly loved by the swimming fraternity, evidenced by #CapsOutForJade on social media and

the outpouring of emotion from far and wide from friends she had made through the sport. Jade was of course

more than a beloved swimming champion; she was a normal teenager embracing and loving life. I am told by a

close friend of Jade's that she always seemed happy and was remarkably positive in her outlook: "She had the

biggest heart." Jade was a good friend and great to be with. The loss of any young person is a tragedy and Jade's

passing is a salient reminder of that. On behalf of the people of Lake Macquarie I extend condolences to Jade's

parents, family and friends.

HMAS ADELAIDE MEMORIAL

Mr ADAM CROUCH (Terrigal) (13:19): I wish to acknowledge the fantastic work of the Royal

Australian Navy, in particular, the Navy Engineering Division of Fleet Support, General Manager Jason Aquilina

and National Planning Manager Lieutenant Darrel Wolter. When we needed assistance in restoring the ex-HMAS

Adelaide mast to its former glory with the intent to have it installed at the Terrigal Haven, the Navy gave us advice

and a team to commence the restoration. Three servicemen from Fleet Support at HMAS Kuttabul—Scot Barker,

Able Seaman Jesse Murphy and Leading Seaman Nathan Kane—travelled up from Sydney on Monday to start

applying the many coats of paint to the mast in preparation for it to be installed at the Terrigal Haven in coming

months. When the project is completed and unveiled, it will be a wonderful tribute to the service men and women

who called HMAS Adelaide home for the years she served our nation. I take this opportunity to thank the Ettalong

Diggers Club and Chief Executive Officer Bill Jackson for their generous contribution in assisting with this

project.


TRIBUTE TO DR GERRY MAH

Ms SONIA HORNERY (Wallsend) (13:20): I pay tribute to Dr Gerry Mah who has cared for our

Wallsend citizens for 43 years, along with his dedicated receptionist, June. Gerry opened his surgery in Wallsend

on 1 January 1977. His diligence and expertise is reflected in the fact that the babies he has delivered have grown

up and continue to be his patients. Gerry's reputation in Wallsend as a medical expert is without peer. I take this

opportunity to express my heartfelt thanks to Gerry and June for devoting more than 40 years of support to the

Wallsend community.

TRIBUTE TO MICHELLE JENNEKE

Mr MATT KEAN (Hornsby) (13:20): I recognise and congratulate Dural resident Michelle Jenneke,

better known as Shelly, for making the Australian track and field team for hurdles in the upcoming Olympics in

Rio. Shelly's journey to the Olympic stage started when she was 10 when she began training at the Cherrybrook

Little Athletics Club. Since then she has gone from strength to strength, competing in a number of competitions,

including the Australian Junior Championships, the Youth Olympics, the Australian Championships as well as

the World Junior Championships where her pre-race warm-up dance went viral, receiving 19 million views. In

2014, Shelly was selected to be part of the Australian Commonwealth Games team where she came fifth in the

hurdle finals.

At the Australian Athletics finals in 2015, Michelle became the second fastest 100 metre female hurdler

in Australian history, after Sally Pearson. However, her spot on the Australian Olympic team was secured when

she came first in the 100 metre hurdles final at the 2016 Australian Athletics Championships. I congratulate Shelly

on making the Olympic team and recognise her achievements in her journey to the Olympic team. I am sure that

Shelly will do our country proud. All Hornsby residents will be cheering her from the sidelines.

TRIBUTE TO DONNA MARR

Mr GREG WARREN (Campbelltown) (13:20): I ask the House to acknowledge the outstanding

compassion of Donna Marr, a resident of Eagle Vale in my electorate of Campbelltown, for her support to the

Share the Dignity charity. This most worthy cause aims to ensure that women who are homeless, living in poverty

or have fled domestic violence maintain their personal comfort and dignity by having access to appropriate female

personal hygiene products. Many of my parliamentary colleagues, including the member for Camden and the

member for Oatley, and I will host a collection point for this charity in our electorate offices throughout 2016.

Donna collected more than 100 packs of female sanitary products from her ever-generous friends and work

colleagues, which she dropped off at my office on Monday. I congratulate Donna Marr on her exemplary efforts

in being part of a great cause supporting some of the most vulnerable women in our community.

RANGERS VALLEY STATION AND FEEDLOT

Mr ADAM MARSHALL (Northern Tablelands) (13:21): I congratulate the team at Rangers Valley

Feedlot at Glen Innes, in particular, Managing Director Don Mackay, on receiving the NSW Meat Standards

Australia Producer of the Year award at the inaugural MSA Excellence in Eating Quality awards in Dubbo.

Rangers Valley Station and Feedlot specialises in producing pure Black Angus and Wagyu-cross cattle and has a

capacity for 32,000 head and processes and markets beef around the world, selling more than $130 million worth

of meat annually to more than 20 countries. Rangers Valley turns off around 12,000 animals per year for the Coles

Finest program and has some of the best management practices that are recognised in the industry. I acknowledge

their dedication to the production of the finest quality beef for their clients all over the world from Glen Innes and

invite everyone to try a beautiful succulent steak from Rangers Valley.

BLUE MOUNTAINS ARTIST NETWORK

Ms TRISH DOYLE (Blue Mountains) (13:23): I pay tribute to the efforts of the fabulous Blue

Mountains Artist Network [BMAN], which held an exhibition entitled "Infinities of Blue" in the New South Wales

Parliament Fountain Court throughout March. I was incredibly proud to host the exhibition. The artwork was a

reflection of the village life, landscapes, flora and fauna, and architecture of the Blue Mountains. The exhibition

successfully showcased our artists and the extent of their responses to our unique environment. The fact that we

are in a World Heritage listed area enriches our lives. The exhibition was a celebration of artists in our distinctive

region and gave them essential exposure. I congratulate all those artists selected to exhibit their art by BMAN and

thank them for their creations. They are: Janet Anderson, Sheryl Anderson, Ian Brown, Linda Callaghan, Roslyn

Elms, Mary Greig, Frances Feasey, Adrian Gilbert, Deryn Hahn, Sandra Hockings, Patrick Hromas, Jo Langley,

Michiyo Miwa, Bron Newman, Tim Newman, Nevena Nikolic Nowlove, Dirk Romeyn, Selena Seifert, Patricia

Smart, Shane Smithers and Beverley Elizabeth Taylor. I thank Graham Tribe and Mary Greig for their

collaboration to see this exhibition come to fruition.


TRIBUTE TO SHARLENE CORMACK

Mr MARK TAYLOR (Seven Hills) (13:24): I commend one of the most fantastic volunteers in the

Seven Hills community, Ms Sharlene Cormack. Last week I was honoured to host a small afternoon tea and award

presentation to recognise and thank Sharlene for her work. She has been an active member of the Lourdes Soccer

Club, the Metella Road Primary School Parents and Citizens Association, the Northmead Creative Arts High

School Parents and Citizens Association, the Blacktown Soccer Association, and a long-term supporter of Junior

Australian Football League Club, the Goannas. She is heavily involved with the Australian Plants Society and,

most of all, enjoys a game of tenpin bowling.

Sharlene is a great example of a person in our local area working every day for the betterment of our

community. It was also great to catch up with Ken Lawless, another stalwart person in our community. Last week

I was privileged to present Ken with an award to recognise his 50-year anniversary as a Justice of the Peace. His

tireless service to the people of my electorate, particularly those in Kings Langley, is incredible. Ken, like

Sharlene, is part of the fabric that holds the great Seven Hills community together. They are quiet achievers, doing

their bit. I commend them to the House.

MANNERING PARK AMATEUR SAILING CLUB AWARDS

Ms YASMIN CATLEY (Swansea) (13:25): I congratulate all of the award recipients from the

Mannering Park Amateur Sailing Club annual awards presentation, which I attended last Saturday. Located at the

southern end of the beautiful Lake Macquarie, the Mannering Park Amateur Sailing Club provides its local

community with a wonderful opportunity to participate in this fantastic sport. On Wednesday nights and

Saturdays, many locals frequently gather on the lake's edge to watch the boats sail past as they race. With a proud

history spanning almost half a century of sailing along the shores of Mannering Park, this club is a great sporting

organisation that boasts excellent sailors who represent the club in regattas in Australia and overseas, winning

State and national titles.

In particular, I mention Carl McAuliffe who, at only 15 years of age, was awarded Club Member of the

Year for his dedication to the club and his excellent work as a mentor on the Junior Learn to Sail program. It

always pleases me to see young people in our community doing fantastic things. I also acknowledge Judy Pilgrim

and Fiona McGregor, joint women's club champions, to whom I was very pleased to be able to present this award

on the day. Well done Mannering Park Amateur Sailing Club and thank you for having me along to your

ceremony.

SHARE THE DIGNITY CAMPAIGN

Mr MARK COURE (Oatley) (13:26): I inform the House about the Share the Dignity campaign, which

provides sanitary products to homeless women and women in refuges who cannot afford to purchase such

products. My electorate office is a collection point for the Share the Dignity campaign and the donations will be

distributed to women in need. In Australia, the figures relating to homeless women is disturbing. More than

25 per cent of women become homeless due to family and domestic violence, with one in four women having

experienced physical and sexual violence. The Share the Dignity campaign provides some relief to women at risk.

I am touched by and acknowledge and thank all those who have dropped products into my electorate office,

particularly members of my church, Our Lady of Fatima Church at Peakhurst, and St George Lions Club for their

generous donations to this important cause. I notified schools and community groups in my electorate, which

answered the call. I am humbled by the generosity of people and the care and compassion shown by so many.

I acknowledge the member for Camden, the member for Campbelltown and the member for Strathfield for their

support in the campaign.

GRANVILLE YOUTH LEADERSHIP

Ms JULIA FINN (Granville) (13:27): On 8 April I attended the fantastic Youth Week event Light It

Up Festival at Granville Memorial Park. Fifteen performers, including DJs and bands, entertained a large audience

and there was a wide range of food and information stalls. This event was run by young people for young people.

Hahano Namoa and the Granville Youth Leadership Team delivered a great festival with much energy and

enthusiasm. Hahano is a dynamic young leader in the Tongan community and the wider Granville community.

He and his friends did a great job. This is entirely in keeping with the theme of this year's Youth Week, "It starts

with us!" It started with the Granville Youth Leadership Team, and it is to their great credit that so many young

people were engaged. The stage production was managed seamlessly and the adults present did not need to step

in. I congratulate them for working effectively with the police youth liaison officers, local youth workers and

council employees to deliver an outstanding festival. Well done.


1ST LILLI PILLI SEA SCOUTS

Mr MARK SPEAKMAN (Cronulla—Minister for Heritage, Assistant Minister for Planning, and

Minister for the Environment) (13:28): I congratulate Alex Witherden and Peigeng Sun of 1st Lilli Pilli Sea

Scouts, who, on 30 April, were presented with a Queen's Scout Award by His Excellency the Governor. I was

very pleased to attend a morning tea last month at the 1st Lilli Pilli Scouts hall to celebrate the award. It is a

prestigious award for Adventurer Scouts who have demonstrated community involvement, leadership

development, personal growth and accomplishment in adventurous activities. It is presented to a limited number

of Scouts each year.

Alex and Peigeng met when they were in year 2 at Burraneer Bay Public School. Having only just arrived

in Australia from China, Peigeng spoke limited English. Alex was asked to mentor him as a buddy. They quickly

formed a friendship and remain great mates today. The award is testament to their strong sense of loyalty,

generosity and determination. I wish them all the best for their futures and for their tertiary studies in particular.

I thank the leaders of the 1st Lilli Pilli Sea Scouts for their dedication as volunteers to helping the development of

local youth and the leaders of tomorrow.

MARRICKVILLE PUBLIC SCHOOL

Ms JO HAYLEN (Summer Hill) (13:29): Each year Marrickville Public School marks Anzac Day and

Remembrance Day with special assemblies led by student leaders. The assemblies involve the whole school, as

well as parliamentarians and representatives from the local police and community. Last Friday I was proud to

attend to speak about the important role that Marrickville played in the First World War, housing both stables for

the Light Horse Brigade and a training camp at the Warren Estate. The student leaders spoke eloquently about the

sacrifice of our diggers and paid their respects to all those who serve our country. I congratulate each of them:

from year 5, Miro Beaubois, Poppy Coates, Cian Foley and Rose Muers; and from year 6, Emilio Lasala, Grace

Madsen, Ailbe O'Brien-Hoffman and Maxine Wickert. I congratulate and warmly thank the school body and

principal, Kerry Chambers, on such a memorable event and for putting such an important tradition at the heart of

the school's activities.

TRIBUTE TO LAUREN JACKSON

Mr GREG APLIN (Albury) (13:30): Lauren Jackson has announced her retirement from international

basketball. I thank her for her lifetime of sporting excellence and leadership. Lauren is not just an Albury local

hero; she is arguably the greatest female basketball player in history. Three times Lauren has been names Most

Valuable Player by the United States Women's National Basketball Association. Amazingly, the first time was in

2003, and the most recent was in 2010. In 2011, upon hearing that the Albury sports stadium would be renamed

as the Lauren Jackson Sports Centre, Lauren's response was typically humble. She said:

Wherever I go in the world I always consider myself a country girl from Albury and it will indeed always be my home. I 'm very

proud to have this connection to a city I love and can represent.

From Olympic medal-winning performances to her presence courtside in Albury, Lauren has been an inspiration.

She finishes her international playing career now, but I hope she will continue her valuable work off the court

and, with luck, back on the court too.

CENTRAL COAST INTERNATIONAL DAY OF MOURNING

Mr DAVID MEHAN (The Entrance) (13:31): On 28 April each year countries around the world pause

to commemorate workers who have died as a result of a workplace incident or occupational disease. As at 20

April this year, 41 Australian workers had been killed at work. This year marks the tenth year that the International

Day of Mourning has been observed on the Central Coast. We held our usual service at the Ourimbah memorial

wall. I am proud to have been associated with the establishment of the wall 10 years ago and to have organised

the inaugural service with my colleagues at Central Coast Unions. I acknowledge my colleague Rod Jarman of

the Construction, Forestry, Mining and Energy Union, for his work at that first service.

I also acknowledge Debbie Westacott, the current Secretary of Central Coast Unions and delegate of the

NSW Teachers Federation, who has continued to maintain the memorial and organise the service each year. The

memorial records the names of 17 Central Coast residents who died as a result of a workplace incident or

occupational disease. We established the memorial in 2006 for two reasons: to give Central Coast people who

have lost a friend or family member an opportunity to remember that person and to remind us as a community

that we must continue to: remember the dead while fighting for the living.

TRIBUTE TO ALAN LARK

Ms ELENI PETINOS (Miranda) (13:32): I acknowledge Mr Alan Lark of Miranda, recipient of a

New South Wales Government Community Service Award 2015 for his tireless contribution to the Miranda RSL


Sub-Branch. Mr Lark has been part of the sub-branch for more 10 years and currently serves on the committee as

the pensions officer. In that role, he diligently listens to the concerns of members, advocates on their behalf and

offers advice where needed. Mr Lark is also an organiser of the Anzac Day Dawn Service at the Miranda War

Memorial. I attended the moving commemorative service last month, and I commend Mr Lark for his efforts. He

is also the writer and publisher of the sub-branch's newsletter, and is the dedicated driver of the welfare bus, which

assists members in need of transportation. It takes a dedicated and selfless individual to undertake such tasks, and

I am pleased to have nominated Mr Lark for a New South Wales Government Community Service Award. On

behalf of our community, I thank Mr Lark for his meaningful and enduring contribution.

CANTERBURY HARMONY GROUP

Mr JIHAD DIB (Lakemba) (13:33): On 23 March I had the honour of joining my Federal colleague

the Hon. Tony Burke, MP, at the Canterbury Harmony Group's tenth annual Harmony Day celebrations in

Campsie. My electorate covers two of the most culturally diverse local government areas in New South Wales,

Bankstown and Canterbury, with a population truly representative of our multicultural and multifaith nation.

Canterbury Harmony Group, coordinated by Canterbury City Council Deputy Mayor Karl Saleh, is made up of

many community groups from suburbs across the electorate. Highlights of the day included an Indigenous

performance from local high school students, greetings in multiple languages and a performance by the Riverwood

Community Choir. Harmony Day celebrates all that makes us who we are and reaffirms that we are stronger

because of, not in spite of, our differences. I thank the Canterbury Harmony Group and the Emerging Communities

Resource Centre in Canterbury for all the work they do to promote harmony and inclusiveness in our community.

I look forward to next year's celebration.

KEMPSEY EPIC HORSE SALES

Ms MELINDA PAVEY (Oxley) (13:34): I congratulate the team behind the inaugural EPIC Horse

Sales at the Kempsey Showground at the weekend. I had the privilege of opening the sales. Fifty-four horses went

under the hammer, with an opening bid of $8,000 for the most magnificent palomino. The sales were a strategic

decision by Mark Haywood and his team, supported by his colleagues from Macksville, who included Michael

Etilson and Mr Stanton, son of legendary campdrafter John Stanton. The horse sales are about ensuring that

Kempsey becomes the capital of horseriding activities for the North Coast. Three hundred people attended the

sales from across the region, bringing a great economic boost to Kempsey at the weekend. I congratulate the team

involved. I hope to see the venture prosper into the future.

BANGABANDHU COUNCIL AUSTRALIA

Ms JODI McKAY (Strathfield) (13:35): I bring to the attention of the House the Bangabandhu Council

Australia and its Bengali New Year festival, Boishakhi Mela. The festival has been held since 1993 and started as

a small community event in the grounds of Burwood Girls High School. In 2006 the festival moved to Sydney

Olympic Park. This year the event was held at ANZ Stadium and is the first such cultural event ever held at

Sydney's iconic stadium. The festival is the largest celebration of Bengali New Year outside Bangladesh.

Approximately 30,000 people attended the festival. It was possible only because of the dedication and hard work

of the Bangabandhu Council Australia. I particularly recognise and thank president Sheikh Huque, vice president

Jamal Uddin, general secretary Tushar Roy, treasurer Mahedee Rob, and secretaries Faisal Hossain, Surajit Roy

and Abdul Bhuiyan.

DANNY AND JILL YOUNG, BOTERO

Mr CHRISTOPHER GULAPTIS (Clarence) (13:36): I offer my congratulations to Danny and Jill

Young of Botero, Maclean, on the expansion of their business into Brisbane. Danny and Jill have created quite a

name for Botero. Their coffee is roasted in Maclean and is well renowned from Sydney to Brisbane. Their coffee

shop, in the converted NRMA building in Maclean, is akin to the best in the world. It is wonderful to see them

spreading their wings into the Brisbane market with a similar venture. I know that with their passion and

experience the venture will be a huge success.

ST MARY QUEEN OF HEAVEN

Ms TANIA MIHAILUK (Bankstown) (13:37): On 2 May 2016 I was delighted to inspect the upgraded

facilities at the St Mary Queen of Heaven Parish in Georges Hall. The facilities were recently upgraded using

funding that was secured under the Community Building Partnership program. A grant of $55,000 has enabled

the construction of shared facilities that include a disabled toilet, toilet block and store room. This has come about

via a coordinated effort between the parish and the primary school. I thank Father Joseph Kolodziej and principal

Mrs Maureen Jones for the kind invitation to join them at the opening of the new facilities. I also commend the

parish council, the parishioners and the school community for their endeavours to improve the facilities. The state-


of-the-art facilities will be much welcomed by the strong congregation at St Mary's and the school community. I

congratulate Father Joseph and the parish council on their efforts for both the school and the church.

ST STEPHENS CHURCH BELROSE EIGHTIETH ANNIVERSARY

Mr JONATHAN O'DEA (Davidson) (13:38): Davidson electorate is fortunate to have a wonderful

range of community organisations. They rely on the work of volunteers, who give freely of their time to deliver a

variety of local services. It is a privilege to visit these groups, especially when they mark a significant milestone

such as the special service and lunch last Sunday to celebrate the eightieth anniversary of St Stephens church in

Belrose. Over the past 80 years St Stephens has had a strong history of community engagement, the pursuit of

social justice, worship and music activities, and outreach efforts with youth and disadvantaged people in

particular.

Sunday's service was held at Glen Street Theatre to accommodate the large number of attendees. It was

followed by lunch at the nearby church premises. The service featured many church leaders and parishioners who

reflected on achievements and challenges of the past, present and future. The ministry of St Stephens, led by

Reverend Michael Aitken, wants to be known for its love, relevance and transformation of people's lives. My

assessment is that they are on track and will continue on that journey for many years to come, in the interests of

the community.

SMALL BUSINESS COMMISSIONER

Mr MARK COURE (Oatley) (13:39): In April I welcomed Ms Robyn Hobbs, OAM, NSW Small

Business Commissioner, to Mortdale to meet with local business owners. The suburb of Mortdale is in the heart

of my electorate. Late last year my electorate office relocated from Hurstville to Mortdale to ensure that

constituents are being well represented. The commissioner visited a number of businesses along Morts Road and

Pitt Street, and discussed issues and concerns with business owners. The experience was insightful. I thank the

businesses that welcomed us and took the time to talk about the challenges they face. My office is working with

Ms Hobbs and her team to develop strategies to assist businesses and economic growth in the area, including a

survey and workshops. Mortdale, and indeed the St George area, is a great place to live, work and raise a family.

I am committed to supporting initiatives that assist small business to grow, and that lead to jobs and opportunities

for all.

TEMPORARY SPEAKER (Mr Bruce Notley-Smith): Community recognition statements having

concluded, I will now leave the chair. The House will resume at 2.15 p.m.

Distinguished Visitors

DISTINGUISHED VISITORS

The SPEAKER (14:17): I extend a very warm welcome to 20 students and their teachers from Marist

College Eastwood, guests of the Minister for Innovation and Better Regulation, the member for Ryde. I also

welcome the delegation from the Shoalhaven Heads Red Cross, guests of the Parliamentary Secretary of the

Illawarra and South Coast, the member for Kiama.

I acknowledge and welcome 20 students and their teachers from Melville High School, guests of the

member for Oxley. Those students have come a long way and it is good to see them here. I also welcome

15 graduates from the Department of Premier and Cabinet's graduate program. They are here to receive a briefing

on the procedures of the Legislative Assembly. We welcome them to the Chamber.

Ministerial Statement

APPIN MASSACRE 200TH ANNIVERSARY

Ms LESLIE WILLIAMS (Port Macquarie—Minister for Early Childhood Education, Assistant

Minister for Education, and Minister for Aboriginal Affairs) (14:19): Two hundred years ago, on 17 April

1816, at least 14 Aboriginal men, women and children, members of the Dharawal people, died following

escalating hostilities and violent conflicts between colonists and Indigenous people within the Sydney Basin.

Governor Lachlan Macquarie's diaries indicate that on this day military detachments were sent to the area known

as Cowpastures to deal with the Aboriginal community by "punishing and clearing the country of them entirely

and driving them across the mountains".

Captain James Wallis led the military detachment in the area and early on the morning of 17 April they

came upon the Dharawal men's camp at Appin, attacking and killing every one of them. Captain Wallis and his

men returned to Sydney. However, civilians continued to hunt down the Dharawal people. They found the

families' camp, shot or trampled them with their horses, and drove the remaining people over the cliffs at

Broughton Pass. This murderous attack is known as the Appin Massacre. I felt honoured to be invited by the


Dharawal people to join with them at this year's significant memorial event, which was also attended by large

numbers of the broader community, at Cataract Dam. The Appin Massacre has been described by Aboriginal

people and historians alike as a day that significantly changed the lives of the entire Appin community.

It is a sad fact that colonial rule dispossessed Aboriginal people from their country and their cultures, and

this massacre is just one example of past government policies and practices that have contributed to ongoing

trauma. Healing therefore plays a critical role in rebuilding confidence and trust to allow the whole community to

move toward meaningful recognition and reconciliation. I commend the work of the Dharawal people and the

Winga Myamly Reconciliation Group, under the leadership of Sister Kerry Macdermott, who maintains a strong

commitment to community education and awareness of the events of 1816. The strength of enduring culture was

evident on that day that marked 200 years since the Appin Massacre. Uncle Ivan Wellington led the cleansing

smoking ceremony, and Aunty Frances Bodkin and Aunty Glenda Chalker warmly welcomed us all to their

country—Aunty Frances speaking in the language of the Dharawal people.

The active participation of young Aboriginal people was empowering. Campbelltown Gondwana Choir,

Wirid Jiribin, Koomurri Aboriginal Dancers and John Terry Catholic High School students shared their

connection to culture and heritage through song, dance and art. I also acknowledge the partnership with the

Campbelltown Arts Centre, which curated an associated exhibition titled, "With Secrecy and Dispatch". We

recognise that the trauma and loss are real. They are significant and ongoing issues for Aboriginal communities.

But healing must do more than just address physical trauma; it must address the emotional, the cultural, the

spiritual and the economic impacts that have affected individuals, families and communities.

Communities across New South Wales are committing to reconciliation and healing to change the way

we think, the way we feel and the way we behave toward each other. They are committing to working together

with dignity and integrity to build a strong and cohesive nation. Reconciliation, however, requires ongoing

commitment. It requires us all to acknowledge and understand past events and to recognise the enduring impact

of these events on Aboriginal communities. We cannot change the past; nor should we forget what happened.

I encourage members of this place to use their understanding of past Government actions and decisions to move

forward together and to commit to doing no further harm.

Mr DAVID HARRIS (Wyong) (14:23): In reply: Sunday, 17 April this year marked 200 years since

the Appin massacre—200 years since at least 14 Aboriginal men, women and children were driven to their deaths

off the cliffs at Broughton Pass. The Appin massacre was a terrible climax to years of conflict on the Cumberland

Plain. The Appin massacre was part of an often forgotten frontier, a conflict that historian Henry Reynolds argues

was "one of the most persistent features of Australian life for 140 years". This terrible event overshadowed what

had previously appeared to have been a period of relatively peaceful coexistence between the Dharawal and

Europeans.

The massacre took place on Dharawal country, which extended along the east coast of New South Wales

from the southern shores of Botany Bay to the northern shores of Jervis Bay. By some accounts, we can trace the

massacre to a crippling drought—a drought that engendered dispossession, theft and violence from both sides of

the frontier. More precisely, history suggests that the conflict began when a boy was shot taking maize from a

field at Lachlan Vale. Retaliatory attacks and atrocities were committed in the years that followed. In response to

this cycle of violence, on 10 April Governor Macquarie sent troops from the 46th Regiment to deal with the

natives by, in his words, "punishing and clearing the country of them entirely, and driving them across the

mountains". A week later, a weeping child alerted the soldiers to a group of Dharawal who were hiding nearby.

Captain James Wallis wrote:

A few of my men … heard a child cry. I formed line ranks, entered and pushed on through a thick brush towards the precipitous

banks of a deep rocky creek. The dogs gave the alarm and natives fled over the cliffs. It was moonlight, I regret to say some were

shot and others met their fate by rushing in despair over the precipice?

At least fourteen lives were lost. Among those dead were women and children, as well as the Gandangara leader,

Cannabayagal. For 175 years, until it was repatriated, Cannabayagal's skull was held by the University of

Edinburgh, a grisly reminder of the status of Indigenous Australians during this period of history. Some would

rather we forget events like the Appin massacre, but if we are able to celebrate moments of national pride we

should also commemorate less comfortable aspects of our history. Looking back on our past is not always a

comfortable experience. As Manning Clark once wrote:

... in comparison with religion and music, history has not been one of the great comforters of mankind.

But our reaction to the past says something about who we are and what we will become. True reconciliation

requires a recognition of past wrongs and a commitment to do better. We can be sorry about the past and hopeful

about the future. Surely it is time that this Parliament acknowledged the events of the past with an apology to the


Indigenous people of New South Wales. This would be a fitting act of sympathy and recognition for the lives lost

in the Appin massacre.

Discussion concluded.

Question Time

FEDERAL BUDGET AND HEALTH EDUCATION

Mr LUKE FOLEY (Auburn) (14:31): My question is directed to the Premier. Given that last night's

budget was your last opportunity to have this Federal Government reverse its cuts of billions of dollars from the

New South Wales health and education system, what will your Government do to make up the funding shortfall?

Mr MIKE BAIRD (Manly—Premier, and Minister for Western Sydney) (14:32): I am proud to be

here as a member of a Government that is doing everything possible to put more resources into our health system,

supporting our nurses and doctors on a daily basis; and more resources into our education system, supporting our

great teachers on a daily basis. We have been focused on that since the first day we came into government. It is

an absolute privilege to be able to provide that support. Everything we do is about supporting our teachers, our

nurses and our doctors in the incredible services they provide to the great people of this State on a daily basis.

A couple of key initiatives came through in the Federal Government's budget last night. We argued for

more health funding—and what did we receive? More health funding. We also argued for additional funding for

our schools, and additional funding did come through. We have on a regular basis argued for the full Gonski

funding, and we continue to do so. That has been our position. Why are we interested in that? It is not just a

slogan; it is not just a name. We are pursuing it to ensure that our most disadvantaged students get the same level

of funding regardless of their postcode. As I was watching the budget broadcast yesterday, I was reflecting,

because I was concerned about the shadow Treasurer. I want to make sure that the shadow Treasurer understands

that it was the Federal Government budget which came down last night—and that is about the public sector, for

which he is responsible.

It was not a private sector budget; it was a public sector budget that was delivered. What we are

determined to do is everything we possibly can for the people of this State. We certainly think the Federal

Government last night made a number of positive initiatives for the people of New South Wales and we will

continue to work constructively with the Federal Government on economic and fiscal matters.

FEDERAL BUDGET AND INFRASTRUCTURE

Mr DARYL MAGUIRE (Wagga Wagga) (14:34): My question is addressed to the Premier. How does

the Federal budget support the New South Wales Government's efforts to deliver better services and vital

infrastructure, and support communities?

Mr MIKE BAIRD (Manly—Premier, and Minister for Western Sydney) (14:34): I thank the

member for Wagga Wagga for his question. He is a leader in his community who is doing a fantastic job. Indeed,

the community will put a statue of the member for Wagga Wagga out the front of their local hospital.

The SPEAKER: Order! Members on both sides of the House will come to order.

Mr MIKE BAIRD: It is worth noting—and the Opposition seemed to pick this up, which is rare for

those opposite—that last night there was a Federal budget. That was a good start for the Opposition. Part of the

budget was that there was clearly some good news for the people of New South Wales. We have argued for support

for infrastructure and we have received significant support from the Federal Government, including for existing

projects such as the Pacific Highway upgrade. We know that those opposite, when they were in government,

wanted to cut funding for the Pacific Highway upgrade. We prioritised to ensure that more funding goes to the

upgrade and we continue to be supported by the Federal Government in that funding. We have also received

support in funding for WestConnex.

In last night's budget there was also confirmation of the Asset Recycling Fund. Those opposite know that

just under $2.2 billion has been allocated to the people of New South Wales under that fund. In the lead-up to the

last election those opposite said, "We don't want it". They went to the election saying they did not want

$2.2 billion, and we know that if they were in government New South Wales would have received not a dollar in

last night's budget under this fund. That money would not be available to be spent on infrastructure for the people

of New South Wales if those opposite had won the last election. The good news for the people of New South

Wales is that we won the election in March 2015 because if those opposite had won the election this State would

have lost $2.2 billion to be spent on infrastructure.

We support this very constructive contribution by the Federal Government, which has also put money

towards the Sydney Metro under the Asset Recycling Fund. The Federal Government has allocated $1.7 billion


to the Sydney Metro, also something those opposite are against. They do not seem to want this project to go ahead.

We know they do not like public transport, and that is a matter for them. We on this side of the Chamber support

public transport. There is also money to help fund the Parramatta light rail, which is supported by the member for

Parramatta. The Federal budget also contained funding for smart motorways, including the M4. I would have

thought the shadow Minister for Roads would have said that was a great development for the people of Western

Sydney. There is also money for road infrastructure at peak points across the city and the State.

The Federal budget also contained an announcement about the Western Sydney airport at Badgerys

Creek. Importantly, the Federal Government made a commitment that the development of the airport will get

underway. We know the airport will make a difference for the people of Western Sydney and we support its

development. We also welcome the additional funds from the Federal Government for our health system. Nothing

is more important than ensuring our health system continues to operate as it is now. It is one of the best health

systems in the world. Our doctors and nurses do an incredible job and the additional support in the Federal budget

is welcomed. The Federal budget also promises support for education in this State, money being put back into our

schools. It is important that needs-based funding continues. The New South Wales Minister for Education argues

strongly for this funding and he has done a great job in pursuing funding for students in this State.

The SPEAKER: Order! There are too many interjections. The Premier will be heard in silence.

Mr MIKE BAIRD: I also note that last night's Federal budget contained additional funds to go towards

combatting terrorism—about $153 million allocated to the Australian Federal Police [AFP] and the Australian

Crime Commission.

Ms Jenny Aitchison: What about violence in people's homes?

Mr MIKE BAIRD: I would not have thought the member for Maitland would want to politicise this.

These two authorities in partnership with our police do an incredible job in keeping our community safe. In this

area we are joined at the hip with the Federal Government. We will do everything we can to keep our community

safe. We need a balanced approach. We need to ensure that there are preventative programs, and we have

announced a number of such programs together with the Minister for Multiculturalism. These programs are

designed to ensure that we protect our youth, which we have to do, at the same time as giving our police and

security services appropriate powers to keep our communities safe. [Extension of time]

There is nothing more important for a government than doing everything possible to keep our

communities safe. We are determined to do that. As part of that, this afternoon we will introduce a bill responding

to the new threat of terror not just here but across the world. It is agile and moving far more quickly than anyone

could have imagined. It is evil and it must be stopped. That is why we are taking every possible measure to ensure

that we respond and that our police and security agencies have the powers they need to combat terrorism. The bill

will give additional powers to our police to detain a suspect for up to 14 days. Suspects will have committed or

will have intended to commit a terrorist act. There are appropriate protections within this legislation as it is

mirrored on legislation passed in the United Kingdom. As part of the process, the police will be given the ability

to question the suspect during the period of detention. This is critical to ensuring that we keep our community

safe.

The Federal budget contains improvements for New South Wales in the form of funding for additional

infrastructure spending. It also gives this State support in health and in education spending. Importantly, it also

contains funding to ensure we do everything we can to combat terrorism. We are proud to work alongside the

Commonwealth Government not only in relation to those measures but on a daily basis to do everything we can

to ensure we deliver for the people of this State in everything we do.

FEDERAL BUDGET AND SCHOOLS AND HOSPITALS

Mr RYAN PARK (Keira) (14:41): My question is directed to the Treasurer. Does the Government

endorse the Federal Government providing a $16,000 tax cut for people earning $1 million a year, as announced

in last night's budget, while at the same time cutting billions of dollars in funding to schools and hospitals? It is a

yes or no question.

The SPEAKER: Order! I call the member for Keira to order for the first time.

Ms GLADYS BEREJIKLIAN (Willoughby—Treasurer, and Minister for Industrial Relations)

(14:42): I thank the shadow Treasurer for his question but I note that he was part of 16 years of Labor

Government. The member for Maroubra cannot help himself: He wants his old job back. He wants to be the

shadow Treasurer.

The SPEAKER: Order! I call the member for Keira to order for the second time.


Ms GLADYS BEREJIKLIAN: Let us not forget that every time those opposite tried to compensate on

matters regarding the economy or the budget they left this State worse off. They led this State into four budget

deficits.

Ms Jodi McKay: Point of order: My point of order is taken under Standing Order 129. The question is

about the here and now, last night's budget. We are all keen to hear from the Treasurer.

The SPEAKER: Order! I uphold the point of order. I am sure the Treasurer will get to the answer once

she has completed her preliminary remarks, which she is entitled to do. There will be no further points of order

on that issue.

Ms GLADYS BEREJIKLIAN: As I was saying, those opposite have no credibility when it comes to

managing the economy or delivering budgets. What we saw last night was a Government deliver on its

commitment to stimulate jobs. What do those opposite have against jobs?

The SPEAKER: Order! If the member for Keira does not cease interjecting he will be placed on three

calls to order and removed from the Chamber for the rest of the day.

Ms GLADYS BEREJIKLIAN: I ask those opposite: What have you got against hardworking people?

What have you got against economic growth? As the Premier outlined, at the recent Council of Australian

Governments meeting New South Wales got back a substantial amount in health funding.

The SPEAKER: Order! The member for Canterbury will cease interjecting.

Ms GLADYS BEREJIKLIAN: We were pleased with that result and look forward to ongoing

discussions about the future. New South Wales received in excess of $2 billion in infrastructure spending. Those

opposite do not support asset recycling. If they were in Government New South Wales would have received zero

dollars.

The SPEAKER: Order! I call the members for Maitland, Cessnock and Lakemba to order for the first

time.

Ms GLADYS BEREJIKLIAN: Those opposite do not want to support jobs, grow the economy or

support infrastructure. What do they support? They support nothing.

The SPEAKER: Order! Opposition members will cease interjecting.

Ms GLADYS BEREJIKLIAN: One thing this side of the House is proud of is that since we have been

in Government, whether with health or education spending, year on year this Government has provided record

amounts on both the recurrent and infrastructure sides. This is a telling point. If we look at the amount of money

this Government is spending in those key areas on a per capita basis compared to when those opposite were in

office this Government is spending more than those opposite could hope for. If they want to start the debate about

what is best for the future of New South Wales, it is more jobs, growing the economy, more spending—

Ms Noreen Hay: It's a Labor Government.

Ms GLADYS BEREJIKLIAN: Noreen for Premier!

Mr Michael Daley: Point of order: My point of order is taken under Standing Order 129. The question

was about last night's budget.

The SPEAKER: Order! The Treasurer has been generally relevant to the question. The Minister has the

call.

Ms GLADYS BEREJIKLIAN: I say to those opposite: Do what is in the best interests of the New South

Wales community and support this Government's strategy for future economic growth, and support the initiatives

by the Federal Government, which will grow the economy and jobs, and support New South Wales in delivering

infrastructure.

FEDERAL BUDGET

Ms MELANIE GIBBONS (Holsworthy) (14:47): I address a question to the Treasurer. How is the

Federal budget a positive for infrastructure and jobs growth?


(14:47): I thank the member for Holsworthy for her question and appreciate her understanding of what more jobs

and economic growth mean for her community, which is doing extremely well when it comes to jobs growth. I

am proud to be part of a Government that is providing month on month more than half the nation's new jobs.

Much of that job creation is in Western Sydney. It means great prospects for the quality of life for all of our


citizens. We welcome the Federal Government's decision in relation to lowering income and business taxes

because it generates and stimulates economic growth.

The Government supports the notion that consumer and business confidence support jobs and that is what

we should be supporting in New South Wales. This is good news for our State economy, which is the largest and

strongest economy in the nation. As mentioned by the Premier and discussed in question time, we are pleased that

New South Wales has received above what we anticipated in relation to infrastructure money. We received

$2.2 billion, which is $200 million more than anticipated. To demonstrate how well New South Wales is doing in

relation to asset recycling and infrastructure funding, it has received two-thirds of the entire nations asset recycling

fund because New South Wales—we know those opposite do not like infrastructure, but let me finish the sentence.

Ms Linda Burney: You are so predictable, Gladys.

Ms GLADYS BEREJIKLIAN: So are you. Good luck in Federal Parliament. The Government is

pleased that it will be receiving in excess of $2.2 billion for infrastructure spend. This is where the action is

happening in New South Wales. Interestingly, Victoria is following our example and embarking on asset

recycling. I say to those opposite: If your comrades in Victoria can do this why do you oppose asset recycling?

Ms Noreen Hay: What about the Unanderra lifts?

Ms GLADYS BEREJIKLIAN: Noreen for Premier! Back to important matters of State. Without

anticipating what may occur in question time, I know the Minister for Transport and Infrastructure is extremely

pleased with the results and will speak to that in greater detail. Last night the Federal Government demonstrated

its capacity, not just in words but with actions, to create jobs for the future prosperity of our nation. That is in sync

with what is occurring in New South Wales. I am proud that this State has the strongest jobs growth of the nation,

is the jobs capital of the nation and in the past four months to March I advise the House that New South Wales

grew more than 126,000 jobs.

Mr Troy Grant: That is statewide.

Ms GLADYS BEREJIKLIAN: As the Deputy Premier interjected, this is not just in Sydney, it is

throughout the State.

The SPEAKER: Order! If the member for Wollongong does not cease interjecting I will place her on a

call to order.

Ms GLADYS BEREJIKLIAN: I will highlight the regional jobs growth figures: In the

Greater Illawarra jobs growth has risen by 6.2 per cent.

Mr Gareth Ward: Hear, hear!

Ms GLADYS BEREJIKLIAN: I note the interjection by the Parliamentary Secretary to the Illawarra

and thank him for his efforts. I know our colleagues in the Richmond and Tweed are pleased with the fact that

there has been a 19.4 per cent increase in jobs growth. The member for Terrigal is pleased that the Central Coast

has jobs growth of 19.1 per cent. That is wonderful news. I am sure the member for Maitland is pleased. [Extension

of time]

Ms Jenny Aitchison: Point of order: My point of order is taken under Standing Order 73. I am not

pleased that unemployment in the Hunter is higher than when the Government took office.

The SPEAKER: Order! The member cannot take offence to someone saying she was "pleased". There

is no point of order. The member will resume her seat. The Minister has the call.

Ms GLADYS BEREJIKLIAN: Just to assist the member for Maitland, in case members did not hear

her point of order, the member states that she is not pleased that there is jobs growth in her community.

Ms Jenny Aitchison: Point of order: My point of order is under Standing Order 73. I did not say that.

I said I am not pleased that unemployment in the Hunter is higher than when the Government took office.

The SPEAKER: Order! The member is not citing the correct point of order or clarifying her position.

There is no point of order. Standing Order 73 requires that a member state exactly what the breach is, but the

member for Maitland did not do that. I do not think the member intended to do that.

Ms GLADYS BEREJIKLIAN: It is not all about Maitland. Every part of the State is doing well. Good

Government is about strong jobs growth that improve the prospects of citizens having a good quality of life with

the services and infrastructure required to raise successive generations. This Government is pleased with its

position, but will continue to work hard to deliver for the community. A strong economy and budget means more

jobs, services and infrastructure. It is exactly what the people of this State need.


HOSPITAL EMERGENCY DEPARTMENTS

Ms JULIA FINN (Granville) (14:54): I direct my question to the Minister for Health. How many extra

patients will present at the State's 80 already overstretched hospital emergency departments because of the Federal

Government's decision to freeze the Medicare rebate until 2020?

Ms JILLIAN SKINNER (North Shore—Minister for Health) (14:54): I thank the member for her

question. One of the fantastic things announced in the Federal budget relates to a project that we have been

working on for a long time in New South Wales. Last night's Federal budget included funding for the integrated

care program, which the Federal Government calls Health Care Homes. The Federal budget includes funding that

will enable patients, particularly those with chronic illness who often present to emergency departments, to be

cared for by general practitioners. We will move away from the fee-for-service funding mechanism and bulk

funding will be provided for general practitioners to care for those patients. I believe that this is the way of the

future because we will be ensuring that people avoid going to hospitals unnecessarily. The State Government has

been working hard on this initiative across the State for a couple of years.

The SPEAKER: Order! I call the member for Wollongong to order for the first time.

Ms JILLIAN SKINNER: I am pleased that the State Government has been able to influence what the

Federal Government has done in making a commitment to the project in last night's budget and through its primary

health networks. I expect to see much more work being done to ensure that we avoid unnecessary hospitalisations.

Those patients who have been unable to access the health care that they need will now be treated and their

condition will not deteriorate. Overall there will be much less reliance on our crowded emergency departments.

Whenever changes are made to general practice arrangements people scream, "The sky is falling. People

will flood into hospitals". So far that has not happened. I assure members that we will monitor the situation, but

I am confident that the effort we are making with regard to integrated care will deliver the desired results. This

Government is working with the Federal Government in partnership with local health districts in the Hunter,

Western New South Wales, Western Sydney, and elsewhere across the State. I am sure we will develop

well-advanced projects to care for these patients and that the general practitioners involved will be able to free up

more of their time to deal with other patients.

FEDERAL BUDGET AND INFRASTRUCTURE

Mr BRUCE NOTLEY-SMITH (Coogee) (14:57): I address my question to the Minister for Transport

and Infrastructure. How does the Federal budget build on New South Wales massive infrastructure program?

Mr ANDREW CONSTANCE (Bega—Minister for Transport and Infrastructure) (14:57): I thank

the member for his massive question and for his advocacy on public transport. If members were to reflect on the

State Government's infrastructure investment they would realise that it is incredible. In fact, New South Wales is

a global sweet spot with regard to infrastructure rollout. The largest urban road and rail projects in the nation's

history are now underway in this State. The myriad mega projects underway across New South Wales are

delivering tremendous outcomes. The State Government has committed $68.6 billion across the forward estimates

for infrastructure investment.

I point out that $38 billion of that will be invested in public transport and roads. It was pleasing to watch

the delivery of the Federal budget last night in Canberra. It was also pleasing to receive correspondence from the

Federal Minister this morning outlining that the 2016 Federal budget will provide $3.3 billion this financial year

and $6.1 billion over the period 2017-18 to 2019-20. I note what the Premier and the Treasurer said this afternoon

about the asset recycling initiative. The Opposition opposes $2.2 billion coming to New South Wales to assist

with our many tremendous infrastructure projects. I can confirm that the Federal Government's contribution

through the asset recycling initiative will be allocated to a number of key projects.

Sydney Metro will receive $1.7 billion; Sydney's Rail Future, $98.4 million; Parramatta Light Rail,

$78.3 million; Pinch Points and Clearways, $52.5 million; Smart Motorways, $60 million; and Gateway to the

South, $39.2 million. Of course, because regions are critical they will be provided with road freight infrastructure

funding for the New England Highway of $30.3 million; Princes Highway, $52.5 million; Mitchell Highway,

$5.7 million; and Newell Highway, $78.8 million. These are major and pleasing investments. Of course, they

would not be happening if Canberra did not have confidence in the planning that this Government is undertaking.

The Federal Government has seen what the State Coalition Government has delivered over the past five years.

There is no doubt that this Government is heavily investing in regional New South Wales. I am very pleased to

note the money being spent on the Pacific Highway and the inland rail, and on meeting the freight challenge facing

this nation.


Members should think about what happened when the Federal Labor Government was in office and when

Wayne Swan, Kevin Rudd and Julia Gillard were in charge. I ask members to compare the $3.3 billion that

New South Wales will receive from the Federal Government this financial year with what the Federal Labor

Government provided. One would have thought that a Federal Labor Government would have given its State

counterpart a significant amount. However, the 2009-10 Federal budget allocated only $91 million to the then

State Labor Government. That demonstrates that nothing was going on when members opposite were in

government.

The SPEAKER: Order! The member for Maitland will stop shouting.

Mr ANDREW CONSTANCE: At the time Eric Roozendaal said that an allocation of $91 million was

a great vote of confidence in the State Labor Government. I was drawn to the comments recently made by the

member for Maroubra—

The SPEAKER: Order! I call the member for Maitland to order for the second time.

Mr ANDREW CONSTANCE: —when he was questioned on 2UE on 14 April.

The SPEAKER: Order! I call the member for Maitland to order for the third time.

Mr ANDREW CONSTANCE: He was questioned about the State Labor Government's poor record on

infrastructure. The good member replied, "It's a legend that has permeated through Sydney. We did plenty when

we were in government." I ask members to guess what the Labor Government did with that $91 million. It gave

it back to the Federal Government. I can assure the House that the money this Government is receiving from the

Federal Coalition Government is being well spent on infrastructure being constructed across the State. [Extension

of time]

I must help the member for Maroubra. If he thinks that the people of this State have not worked out that

the infrastructure programs offered by the Opposition are woeful he is sadly out of touch. Members opposite built

the Cross City Tunnel, but it went broke twice. They also built the Lane Cove Tunnel, and it went broke once. Of

course, they also made great rail infrastructure promises. Carl Scully promised to deliver the Bondi Beach Rail

Line, the high-speed rail link to Newcastle, the Hurstville-Strathfield rail line, the high-speed rail link between

Sutherland and Wollongong, the Parramatta rail link, and the North West Rail Link.

Ms Jodi McKay: Point of order—

Mr ANDREW CONSTANCE: David Campbell promised the CBD—

The SPEAKER: Order! The Minister will resume his seat.

Ms Jodi McKay: My point of order relates to Standing Order 129, relevance. The question related to the

Federal budget and the Minister seems to be suffering—

The SPEAKER: Order! The Minister is being relevant to the question. He has stuck to the issue of

transport, which was the basis of the question. The member for Strathfield will resume her seat.

Ms Jodi McKay: Point of order: My point of order relates to relevance under Standing Order 129. The

question referred to the budget last night. The Minister seems to be suffering from the same ills as the Treasurer.

The SPEAKER: Order! There is no point of order. The Minister is being relevant to the question. He

stuck to the issue of transport and that was the basis of the question. The member for Strathfield will resume her

seat.

Mr ANDREW CONSTANCE: So 12 rail lines were promised but what did we get out of Labor when

it was in office handing back Commonwealth dollars? We are going to put this money to great use. We are going

to continue to deliver the infrastructure that this State so richly deserves. I remind everybody of the $68.6 billion

across the forward estimates before including the recycled capital from the poles and wires transactions—and

those opposite opposed every dollar that we are spending and every project that we are delivering across this State.

FEDERAL BUDGET AND CORPORATE TAX CUTS

Mr RYAN PARK (Keira) (15:04): My question is directed to the Treasurer. What is the Government's

response to the Federal budget plan to provide tax cuts to corporations with a turnover of $1 billion or more while

at the same time cutting funding to schools and hospitals?


(15:04): As the member for Kiama said, we are relieved that the shadow Treasurer has worked out the difference

between public budgets and private money, but that is another matter. I am pleased to be answering questions on

the budget. We like to think that we are in charge of every lever that controls our economy and our State budget


but, of course, that is not the case. What we do need is a government in Canberra that appreciates what it takes to

create jobs and incentives and to instil confidence in our nation.

It is sad that those opposite do not see that. It is sad that they cannot see beyond their personal interests

and their stakeholders to determine what is in the best interests of our nation. I have an interesting front page from

the Australian yesterday but I am not sure whether the shadow Treasurer saw it. I would like to think now that he

is shadow Treasurer he will look at what is in the Australian, because it affects our State economic factors. The

article states, "Labor funds for Gonski up in smoke." What does that mean? It is a reminder—

The SPEAKER: Order! The member for Kiama will stop inciting the member for Blacktown. The

member for Blacktown will stop responding to the member for Kiama.

Ms GLADYS BEREJIKLIAN: If nothing else, that headline is a reminder that Labor likes to talk the

talk but it cannot add up. Those opposite cannot work out how much money is required and what needs to happen

to deliver vital infrastructure and services. The Labor Party demonstrates time and again its lack of ability to

manage an economy and to be in control of a budget. I have to explain this revelation to those opposite: If we do

not have a strong budget and a strong economy we cannot spend money in health and education in New South

Wales. That is why when Labor was in government it spoke a lot about health and education and all those other

things but it delivered nothing. Labor had a budget that was out of control and an economy that was the worst in

the nation.

Mr Jihad Dib: But we had State assets, didn't we?

Ms GLADYS BEREJIKLIAN: We will leave that for another day. The bottom line is that it is one

thing to say what one wants to do with the money but it is another thing to be in a position to deliver. That is the

difference between Government members and Opposition members. They demonstrate time and again their

inability to generate a strong economy and a strong budget. It is only when one has those that one can provide

record amounts of spending for health, education, transport, roads and every other area of government. That is

what this Government is doing and it is something of which we are very proud. I suggest to the shadow Treasurer

that he should start reading some serious reports. I recommend that he start reading the budget papers.

Mr Matt Kean: What about George Orwell?

The SPEAKER: Order! The member for Keira will cease interjecting. I call the member for Keira to

order for the third time.

Ms GLADYS BEREJIKLIAN: I recommend that he take some tips from his predecessor in the role,

the member for Maroubra, who understood how the budget papers work. I did not agree with what he said but at

least he knew what he was talking about. I say to those opposite: Think about what is in our nation's interest.

Think about what is in our State's interest. Get yourselves up to speed with what it takes to manage a strong budget

and a strong economy, because that is what the people of this State deserve.

FEDERAL BUDGET AND HEALTH

Mr ADAM CROUCH (Terrigal) (15:09): My question is addressed to the Minister for Health. How

will the New South Wales health system benefit from the Federal budget?

Ms JILLIAN SKINNER (North Shore—Minister for Health) (15:09): I thank the member for

Terrigal for the question and commend him on the work he is doing in support of his constituency and the broader

constituency of the Central Coast. It was wonderful to be with him, the Treasurer and the Premier last week at

Gosford Hospital where we announced the fast-tracking of one of our 60 major capital health projects that we will

be doing this term. We are fast-tracking it. As a consequence we are able to allocate some money for a future

clinical school in the district.

In the context of some of the comments of my colleagues this morning, one of the things that really stood

out on that occasion was the information about the number of local jobs that had been created in that build alone—

300 local jobs and 30 apprenticeships for the duration of the build which will almost see those tradies through

their apprenticeships. That was just at Gosford but many other things are happening across the State. I am

particularly pleased about the announcement in last night's Federal budget about the increase in the amount of

money for our hospitals.

The budget estimates that in New South Wales we will receive a total of $24.7 billion in Commonwealth

public hospital funding over the period 2016-2017 to 2019-2020 over the forward estimates, which is a fantastic

achievement. As I have said many times, it is a great testament and credit to our Premier and our Treasurer who

went to Canberra and negotiated with the Commonwealth and the other States and Territories at the recent Council

of Australian Governments [COAG] meeting. There was a proposal a couple of years ago to change the funding


model so that hospitals would be funded on the basis of the consumer price index [CPI] and population growth.

That would have meant a drop in the increase in our funding, which I will come back to in a minute. Because of

the success of our fantastic leaders in leading the country—this is recognised by all the other Premiers and State

Ministers—we kept to activity based funding plus growth.

This means that in New South Wales growth funding will increase from $5.7 billion in 2016-2017 to

$6.7 billion in 2019-2020—an increase of $1 billion. I particularly want to talk about the fact that this is an increase

in growth funding. I am astonished when I hear would-be treasurers talking about cuts to funding. There are no

cuts to funding. Do Opposition members not understand how to read a budget? There has been an increase in

funding. There was a risk that there would be a cut to growth funding but there has never been a cut to funding,

just like there has never been a cut to funding in New South Wales despite the total mistruths peddled by Labor.

Members will be aware, as I have said this many times, that in New South Wales our budget has gone from—

Ms Jodi McKay: What about Concord Hospital?

Ms JILLIAN SKINNER: I will come to that in a minute. The member for Strathfield has a one-track

mind. In 2010-2011 the budget was $15.47 billion and this year it is $19.61 billion. We have increased growth

funding and I am thrilled that we have done so.

The SPEAKER: Order! There is too much audible conversation and there are too many interjections in

the Chamber. I warn the member for Keira that he is on three calls to order.

Ms JILLIAN SKINNER: Because of the fantastic work we have done through our infrastructure

commitments and the support we have had from the community for the long-term lease of poles and wires, we

have extra money coming in to continue our build beyond that which we have already started.

The SPEAKER: Order! The member for Strathfield will stop asking questions as now is not the time

to do so.

Ms JILLIAN SKINNER: I particularly draw attention to the comments made by the Leader of the

Opposition some time ago. In a report in the Daily Telegraph he said we should spend the extra money on a new

Western Sydney hospital:

The discussion will have to be had about a major new hospital in Western Sydney...

We have committed to an extra hospital, but Labor will never deliver it because it did not support the leasing of

the poles and wires.

Ms Jodi McKay: Point of order: The Minister should direct her comments through the chair.

The SPEAKER: Order! The member for Strathfield will cease interjecting.

Ms JILLIAN SKINNER: It is interesting to listen to the pointless points of order when members

opposite do not like what we are saying. There was a reference about talking to stakeholder groups. [Extension of

time]

The SPEAKER: Order! I call the member for Strathfield to order for the first time.

Ms JILLIAN SKINNER: A stakeholder group was at Leppington station this morning handing out a

totally erroneous flyer about so-called budget cuts. It was put out by australianunions.org.au, stakeholders for the

Opposition, which is totally wrong. It is talking about cuts that are not happening.

LIQUOR LAWS REVIEW

Ms JENNY LEONG (Newtown) (15:16): My question is directed to the Deputy Premier, and Minister

for Justice and Police. Given his recent announcement at the Australian Hotels Association (NSW) Council dinner,

how can the public have confidence that the current review of the Liquor Amendment Act, which includes lockout

laws, will be comprehensive and impartial when the risk-based liquor licence scheme, which targets problem

venues, was never implemented?


Arts, and Minister for Racing) (15:16): I welcome the question from the member for Newtown which is

fundamentally wrong in its premise, but I will explain why. The periodic risk-based licensing scheme was part of

the Government's response to increased alcohol-fuelled violence in the State in 2014. It came in 2014; the question

asked by the member for Newtown said it did not. Previously, no annual fees were paid by liquor licence holders

and this is not in line with contemporary compliance practice. In 2015, the initial base fees were rolled out and

paid by licensed venues, with additional compliance loadings to be added in 2016.

Ms Jenny Leong: Kings Cross and the Sydney central business district area.


The SPEAKER: Order! This is not the time for debate.

Mr TROY GRANT: Within the 2014 legislation that we introduced, there was a requirement to conduct

a statutory review in 2016—after a two-year period. Previously, The Greens welcomed the Government

announcement that the eminently qualified former High Court Justice Ian Callinan was to conduct the review of

all liquor laws in New South Wales. Quite a few have been introduced since that time and the periodic licensing

scheme is one of them. Due to the fact that the scheme was being reviewed, Cabinet decided to delay the additional

payments until the review is completed in 2017 to allow it to take place without influence and without penalty for

any sector. Submissions to the review are publicly available on the website of the Department of Justice and many

specifically address the periodic licensing scheme, so it is part of the terms of reference. We are now awaiting the

completion of the review and receiving the recommendations from Mr Callinan.

The essence of the member's question, I understand, comes from a newspaper report that was published

in one of the Sydney newspapers that I made this announcement at a function. For the interest of the member of

Newtown, the same publication on Sunday 17 April reported that the periodic licensing scheme was a hefty burden

on Sydney's pubs and clubs. The following week the newspaper published that delaying the additional payments

by one year, allowing them to be openly and transparently reviewed, was bowing to the demands of the hotel

lobby. There are contradictory views about alcohol policy in this State and Mr Callinan is looking at the views

and issues on both sides of the debate. A review is completed without government interference.

Mr Callinan will hand down his recommendations. The Government will adopt the recommendations

made by Mr Callinan and we will get on with business. The comment that delaying the additional payments by

one year so that they can be openly and transparently reviewed was bowing to the demands of the hotel lobby is

incorrect. It is the appropriate thing to do. If a policy is being reviewed, we do not continue with an additional

component of it until the review is completed. The lockout laws and associated measures generated many mixed

views in the community and the Government is committed to doing what it said it would do, and that is conducting

an evidence-based and open review. I hope that The Greens contribute to it.

FEDERAL BUDGET AND SMALL BUSINESS

Mr KEVIN ANDERSON (Tamworth) (15:20): My question is addressed to the Minister for Regional

Development, Minister for Skills, and Minister for Small Business. How is the Federal budget a win for small

business and young job seekers in New South Wales?

Mr JOHN BARILARO (Monaro—Minister for Regional Development, Minister for Skills, and

Minister for Small Business) (15:21): First, I pay condolences and send best wishes to the family of Dr John

Kaye. He was a strong advocate in my skills portfolio, especially in TAFE. He was a formidable foe and warrior

for public education. I acknowledge his passing. I recall reaching across the political aisle and writing to him

during his time away. I was humbled by his reply. Of course, it was written with humour, which is fantastic. He

put in a plug for public education and TAFE right to the end. He will always be remembered as a public warrior.

I thank the member for Tamworth for his fantastic question. He is a champion for regional New South

Wales small business and public providers such as TAFE. Last week the local member for Tamworth and I visited

the $11 million TAFE campus. It is a fantastic investment, which addresses technology and innovation. We are

investing in a facility to deliver services to meet the growing needs of jobs and industries in that economy. While

in Tamworth I had an opportunity to meet many small businesses. One business that stood out was the 360 Fitness

Club. This great business saw a gap in the market. The owners have built a 25 metre pool, a hydrotherapy pool, a

wellbeing centre and a fitness centre. People would normally look to their local or State governments to fund that

sort of facility. In this case, two young entrepreneurs saw a gap in the market in New South Wales and invested

more than $4 million without the support of any level of government. I am proud of the entrepreneurs we have in

regional New South Wales. They are part of the engine room of small business.

Last night's budget was a fantastic win for the people of New South Wales. The mums and dads of small

businesses are also part of the engine room of the economy. They have the courage to take the risk to mortgage

their homes to create jobs. Last year's Federal budget was a small business centric budget, which was a fantastic

moment in the history of Australia. Last night, the budget built on the foundations of the 2015 budget. We saw an

additional 1 per cent cut to company tax for small businesses. Most importantly, the $2 million threshold was

expanded to $10 million. Across the nation we are now seeing an additional 90,000 small businesses claiming

against lower company tax. What was most important and visionary last night is that the Treasurer painted a

picture of the journey for the next 10 years to reduce company tax to 25 per cent for all businesses in New South

Wales and across the nation, which clearly shows that Coalition governments understand small business, how to

grow jobs and how to stimulate the economy.


When I look at backbench members on this side of the Chamber I see many who have run small

businesses and who understand the trials and tribulations suffered by small businesses. Those members clearly

understand how best to support small businesses. In last night's budget speech the Treasurer announced that the

scheme allowing businesses to write off assets of up to $20,000 would be extended to 2017. This will allow

businesses to invest in plant and equipment and write off that cost in the same financial year. Coalition

governments know that cash flow is the life blood of small business and that we can support small businesses

through company tax cuts and by reducing the regulatory burden.

The Federal Treasurer introduced a number of initiatives last night to make pay-as-you-go [PAYG] and

business activity statement [BAS] regulations simpler with respect to stock and depreciation. At the same time,

the Federal Government put cash back into the bank accounts of small businesses so that they can continue to

employ. That is a good news story for small businesses and it is a great story for the economy. It is a great story

for job creation and for the young people of this State. Last night there was an announcement of another significant

initiative to re-engage with young people across the nation and to get them back into jobs—$751 million over

four years for the Youth Jobs PaTH program to prepare and help young people under the age of 25 to get ready

for work.

The SPEAKER: Order! I call the member for Londonderry to order for the first time.

Mr JOHN BARILARO: It will give them employability skills that will allow them to get training,

internships and placements.

The SPEAKER: Order! I call the member for Londonderry to order for the second time. She should

cease interjecting.

Mr JOHN BARILARO: Just as importantly, the Government, through its Youth Jobs PaTH program

will support, through incentives, the employers who create jobs. [Extension of time]

The SPEAKER: Order! Members will cease interjecting in that manner.

Mr JOHN BARILARO: Additionally, the Federal Government has allocated $88 million over four

years to expand the New Enterprise Incentive Scheme. That will result in an additional 2,300 places. The

Entrepreneur Starter Pack will give young people a toolkit to get into business. This will help the future

entrepreneurs who will underpin the local, State and national economies, which will grow jobs. The budget

brought down last night complements what the New South Wales Government is doing with respect to skills. This

Government has introduced 200,000 fee-free scholarships to help the most disadvantaged in the community, a

$10 million pre-apprenticeship program—the "try before you buy" scheme and the mentorship—to try to increase

the completion rates for apprentices and trainees in this State. This Government has invested in skills by working

with industry and students to make sure that it creates jobs and that it fills the skill gaps. This Government is

making sure that the businesses that are growing jobs has the workforce to support them.

Last night's budget is an investment. It is a confidence booster. It will turbocharge small businesses in

this nation, including in New South Wales. If members look at the statistics from last year's budget—backed up

by the New South Wales Government's budget with the extension of the payroll tax rebate and the small business

employment initiative—they will see that there has been a growth in jobs and in business confidence and that

there has been a growth in investment in plant and equipment. This has happened because in New South Wales

people have confidence to invest in their businesses. Mums and dads have taken the risks and shown the courage

to create jobs and to be part of the great story of New South Wales.

Announcements

UNPROCLAIMED LEGISLATION

The SPEAKER: In accordance with Standing Order 117 I lay upon the table a list detailing all

legislation unproclaimed 90 days after assent as at 4 May 2016.

Petitions

PETITIONS

The SPEAKER: I announce that the following petitions signed by more than 10,000 persons have been

lodged for presentation:

Licensed Premises Lockout Laws

Petition requesting that the Government develop policies to ensure a diversity of venues and late night

entertainment options and put an end to lockouts in Sydney, received from Ms Jenny Leong.


Woodford Railway Station

Petition requesting the installation of lifts or ramps at Woodford railway station, received from

Ms Trish Doyle.

Discussions on petitions set down as orders of the day for a future day.

The CLERK: I announce that the following petitions signed by fewer than 500 persons have been

lodged for presentation:

Safe Schools Coalition

Petition requesting that the Government prevent the use of the Safe Schools Coalition program in

government schools and support for holistic anti-bullying approaches, received from Mr Kevin Conolly.

South Coast Rail Services

Petition requesting an hourly service from Kiama to Bomaderry station connecting with trains to Sydney,

received from Mr Gareth Ward.

Lewisham Railway Station

Petition requesting the upgrade of Lewisham railway station to ensure access for all residents and to stop

flooding of the station, received from Ms Jo Haylen.

Local Government Amalgamations

Petition opposing the forced amalgamation of the Kiama local government area with any other local

government area, received from Mr Gareth Ward.

Business of the House

DIABETES

Precedence

Mr RAY WILLIAMS (Castle Hill) (15:30): I move:

That the General Business Notice of Motion (General Notice) given by me this day [Type 2 Diabetes—"Make Healthy Normal"]

have precedence on Thursday 5 May 2016.

We know that childhood obesity has a direct correlation to diabetes. However, we did not know that more than

50 per cent of the population in Western Sydney is overweight or obese. In a recent screening of 4,000 residents

across Western Sydney it was found that 50 per cent of those people stand a real risk of developing type 2 diabetes.

It is even more astounding that nearly 100 per cent of those screened are almost certain to develop diabetes.

Diabetes has an indirect and direct cost of $8.6 billion. That is equivalent to the cost of the north west rail link. It

is a huge cost to our health budget and it is certainly a massive cost to our economy.

The good news is that if overweight people lose just two kilograms they could reduce the risk of

developing diabetes by 30 per cent. Even better news than that is that if people who are overweight lose just four

kilograms of weight they eliminate the risk of developing type 2 diabetes. I believe it is incumbent on us all, as

leaders of our respective communities, to continue to advocate the need to improve health. That is why I am

moving this motion. I invite all members to participate in this debate tomorrow if this motion is successful because

it relates to the future health of all generations, particularly the younger generation.

M4 VEGETATION REMOVAL

Precedence

Ms JO HAYLEN (Summer Hill) (15:32): I move:

That the General Business Notice of Motion (General Notice) given by me this day have precedence on Thursday 5 May 2016.

My motion should have precedence because there is no doubt that the Baird Government has declared a war on

trees. We can see it on Anzac Parade and Alison Road, where the Government is chain-sawing beautiful 130-year

old Moreton Bay and Port Jackson figs.

The SPEAKER: Order! Stop the clock. This House will come to order and the member will be heard

in silence.

Ms JO HAYLEN: We can see this war on trees in Lidcombe, where the Government has felled dozens

and dozens of fig and gum trees to expand the M4, despite a written commitment to residents that it would not do

so. We can see it in WestConnex, where this Government will destroy 350 trees in the beautiful Sydney Park, as


well as trees in streets and parks throughout Haberfield and Ashfield, including in Reg Coady Reserve in my

electorate.

Most concerning of all, we see it in this Government's commitment to broadscale land clearing that will severely

deplete our biodiversity. This motion must be given precedence because these precious trees will, as with so much

of our heritage, be gone—and we will not be able to get them back. We must debate this issue now, because there

are alternatives to cutting down trees. But the Government stubbornly refuses to listen.

The SPEAKER: Order! Members on both sides of the House will cease interjecting. It is most

disrespectful. The member for Summer Hill will be heard in silence.

Ms JO HAYLEN: Opposition members understand that investing in infrastructure and saving our

heritage is not an either/or proposition. We understand the need for infrastructure, but we also understand the

importance of trees to our ecosystems and to our environment. Trees are crucial to our health, they are crucial to

our vitality and they help to reduce greenhouse gases. The Government's so-called biodiversity Act waters down

Labor's strong initiatives that saved thousands of hectares from land clearing and led to an estimated 53,000 fewer

animals dying each year.

This Government's plan is to open our environment to the kind of rampant destruction and land clearing

that we saw in Queensland. In our cities, trees are too often the only connection we have to the natural

environment. In one of his first statements as the new Minister for Cities and the Built Environment, the Hon. Greg

Hunt committed the Turnbull Government to working with cities to increase our urban canopy. That message is

clearly not getting through to this Government. If only this Government consulted, it would understand that there

is another way.

The SPEAKER: Order! The member for Lakemba will come to order. An Opposition member has the

call and he is having a chat behind her. He will not be disrespectful.

Ms JO HAYLEN: Local councils, local groups and the Labor Opposition have put forward sensible

alternatives to cutting down these trees and have received no response. We can invest in infrastructure while also

saving trees. This is not an either/or discussion. There is an alternative to this war on trees. [Time expired.]

The SPEAKER: The question is that the motion standing in the name of the member for Castle Hill

have precedence on Thursday 5 May 2016.

The House divided.

Ayes ................... 49

Noes ................... 36

Majority .............. 13

AYES

Dr Lee Mr Anderson Mr Aplin

Mr Ayres Mr Baird Mr Barilaro

Mr Bromhead (teller) Mr Connolly Mr Constance

Mr Coure Mr Crouch Mr Dominello

Mr Elliott Mr Evans Mr Fraser

Mr Gee Mr Grant Mr Gulaptis

Mr Hazzard Mr Henskens Mr Humphries

Mr Johnsen Mr Kean Mr Maguire

Mr Marshall Mr Notley-Smith Mr O'Dea

Mr Patterson (teller) Mr Perrottet Mr Piccoli

Mr Provest Mr Sidoti Mr Speakman

Mr Stokes Mr Taylor Mr Toole

Mr Tudehope Mr Ward Mr Williams

Ms Berejiklian Ms Davies Ms Gibbons

Ms Goward Ms Hodgkinson Ms Pavey

Ms Petinos Ms Skinner Ms Upton

Ms Williams

NOES

Dr McDermott Mr Atalla Mr Barr

Mr Chanthivong Mr Crakanthorp Mr Daley


NOES

Mr Dib Mr Harris Mr Hoenig

Mr Kamper Mr Lalich (teller) Mr Lynch

Mr Mehan Mr Minns Mr Park

Mr Parker Mr Piper Mr Robertson

Mr Warren (teller) Mr Zangari Ms Aitchison

Ms Burney Ms Car Ms Catley

Ms Doyle Ms Finn Ms Harrison

Ms Hay Ms Haylen Ms Hornery

Ms Leong Ms McKay Ms Mihailuk

Ms T. F. Smith Ms Washington Ms Watson

PAIRS

Mr Roberts Mr Foley Mr Rowell

Ms K. Smith

Motion agreed to.

The DEPUTY SPEAKER: I call the member for Castle Hill to give reasons why the member's motion

should have priority over other business of the House. He won the last one!

Motions Accorded Priority

FEDERAL BUDGET INITIATIVES

Consideration

Mr RAY WILLIAMS (Castle Hill) (15:41): And for good reason, Mr Deputy-Speaker. I am surprised

that the Opposition would not support people who are overweight and want to try to do something about it. I think

perhaps they have nailed their colours to the mast. This is a great opportunity for us to highlight some of the

initiatives from last night's Federal budget: how they parallel our own policies in New South Wales and how that

will benefit the people of New South Wales in the future. When you are trying to stimulate growth and encourage

employment there is no better place to start than in the engine room—and that is small business. As we often say,

private enterprise is the backbone of the economy.

The DEPUTY SPEAKER: Order! The member for Castle Heard will be heard in silence.

Mr RAY WILLIAMS: The reduction in the company rate from 28.5 per cent to 27.5 per cent, and then

cascading down over future years to a rate of 25 per cent, will be an enormous stimulus. In addition, raising the

turnover threshold at which a company is defined as a small business from $2 million to $10 million—

The DEPUTY SPEAKER: Order! I call the member for Blacktown to order for the first time.

Mr RAY WILLIAMS: .—will encourage those companies to further invest in new equipment and

employment, just as we have seen with our policies in New South Wales. Our reduction in payroll tax and our

Jobs Action Plan has helped this State drive down unemployment to a record low—5.3 per cent.

Mr John Robertson: It's higher than it was when you came to government, you boofhead!

The DEPUTY SPEAKER: Order! I call the member for Blacktown to order for the second time.

Mr RAY WILLIAMS: The only person who should be unemployed in this State is the member for

Blacktown because he does not want to support public transport. We will push on regardless and continue to

support the good people of New South Wales, in partnership with our Federal colleagues, who understand—just

as we do—that investment in critical infrastructure is vital to stimulating the economy. When the Federal

Government is prepared to invest in rail, roads and hospitals—even those in the Blacktown electorate—we are

prepared to back that Government. It is a great Federal budget and we are proud to partner a Federal Government

that supports our policies. [Time expired.]


FEDERAL BUDGET AND EDUCATION

Consideration

Ms PRUE CAR (Londonderry) (15:45): If you take a look at last night's Federal budget you will see

that the Liberals and The Nationals are at it again. They are taking an axe to skills. But it is no surprise, is it? No,

it is not because Prime Minister Malcolm Turnbull and Premier Mike Baird are partners in crime when it comes

to gutting vocational education. We have just seen two years of cuts totalling $2.5 billion, including $1 billion

taken from apprentices and apprenticeship support. Now in the budget they have sharpened the axe and taken

another $247 million from skills and training. They have crucially missed the opportunity to give any funding

guarantee to TAFE—but I will get to that later. These savage cuts to apprentice programs have hit hard and fast,

and the number of apprentices in training is plummeting across the country.

This motion condemns the Turnbull Government for refusing to invest in apprentices and trainees in this

budget. Instead, the Government prefers some second-rate internship model that does not provide the meaningful

training that our young people need so desperately. But, of course, this is on top of the abject failure that is the

shocking abuse of public money from the Federal Government's VET FEE-HELP scheme. Every corner of the

country is crying out for urgent action. Every week there is news of another provider who has hit the wall, leaving

thousands of students stranded and taxpayers' money squandered.

And what is the best the Federal Government can do? It throws money at an information program, which,

of course, brings us to what is happening in New South Wales. The Baird Government is on a unity ticket with

Prime Minister Turnbull when it comes to killing TAFE. In fact, the New South Wales Government recently tried

to hold up one of most disgraceful training colleges in the country as some sort of standard to which our public

TAFE system should aspire. That college had been shut down, investigated for fraud and raided by the Australian

Federal Police when its co-founder recently said:

When it comes down to it, it's a lot cheaper to train students who don't turn up than it is to train students who do.

As we all know, the latest New South Wales budget tells us that there are 80,000 fewer students enrolled in TAFE

than in 2012 and 43,000 fewer since the introduction of Smart and Skilled. More than 4,600 teachers and support

staff are gone. If the Minister for Skills, John Barilaro, has his way that number will only increase—and fast.

Course fees are rising, the computer system will not let people enrol and campuses are being sold. Whether it is

Prime Minister Malcolm Turnbull or Premier Mike Baird, it is all the same when it comes to skills. And it is our

TAFE system that is suffering. [Time expired.]

The DEPUTY SPEAKER (Mr Thomas George) (15:48): The question is that the motion moved by

the member for Castle Hill be accorded priority.

The House divided.

Ayes ................... 49

Noes ................... 35

Majority .............. 14

AYES






Mr Gee Mr Grant Mr Gulaptis

Mr Hazzard Mr Henskens Mr Humphries

Mr Johnsen Mr Kean Mr Maguire

Mr Marshall Mr Notley-Smith Mr O'Dea

Mr Patterson (teller) Mr Perrottet Mr Piccoli

Mr Provest Mr Sidoti Mr Speakman

Mr Stokes Mr Taylor Mr Toole

Mr Tudehope Mr Ward Mr Williams

Ms Berejiklian Ms Davies Ms Gibbons

Ms Goward Ms Hodgkinson Ms Pavey

Ms Petinos Ms Skinner Ms Upton

Ms Williams


NOES






Mr Parker Mr Robertson Mr Warren (teller)

Mr Zangari Ms Aitchison Ms Burney

Ms Car Ms Catley Ms Doyle

Ms Finn Ms Harrison Ms Hay

Ms Haylen Ms Hornery Ms Leong

Ms McKay Ms Mihailuk Ms T. F. Smith

Ms Washington Ms Watson

PAIRS

Mr Roberts Mr Foley Mr Rowell

Ms K. Smith

Motion agreed to.

The DEPUTY SPEAKER: Order! There is too much audible conversation in the Chamber.

Motions Accorded Priority

FEDERAL BUDGET INITIATIVES

Priority

Mr RAY WILLIAMS (Castle Hill) (15:55): I move:

That this House:

(1) Welcomes moves by the Federal Government to lower income and business taxes to support economic

growth and job creation in New South Wales.

(2) Welcomes the Federal Government's continuing support for major infrastructure projects in New South

Wales, the restoration of health funding and additional commitment to New South Wales schools.

As I stated when seeking priority for this motion, we have a very good partnership with the Federal Government

whose policies and initiatives dovetail into those of New South Wales. It is no secret that this is the

best-performing State in the country. and has been for some time. That is thanks to the Baird-Grant

Liberal-Nationals Government. It inherited a basket case in 2011—a massive infrastructure backlog and debts left

by the former Labor State Government. There was high unemployment, low productivity and low consumer

confidence. But that has been turned around. Listening to Federal Treasurer Scott Morrison deliver the budget,

I could not help but think the new initiatives parallel perfectly with those of the New South Wales Government.

First, the budges scales up the definition of small business—the engine room of the economy—to include

a company that turns over $10 million, which will make tax relief available to no less than 90,000 businesses

across this country by virtue of company tax dropping from 28.5 per cent to 27.5 per cent, with a further reduction

in the years ahead to 25 per cent. Mr Deputy Speaker and I know, as former businessmen, that nothing stimulates

company growth like tax relief. This Government took that approach in 2011 when it created the Jobs Action Plan

and introduced payroll tax incentives that lowered the burden on private enterprise and small companies, allowing

them to build their business through creating greater employment. That is the first tick for the Federal Government

budget: It dovetails into the State's policies.

The second tick is the investment by the Federal Government in critical infrastructure. The reason for the

New South Wales Government's economic success is no secret. It is due to heavy investment in critical

infrastructure: $68.5 billion spent on road, rail, hospitals and schools is now matched by our Federal counterparts.

Through the asset recycling initiative the Commonwealth is providing $2.1 billion for the Sydney Metro and

Parramatta Light Rail. Sydney Metro will receive $1.7 billion of that amount. Sydney's rail future includes:

improving our rail network to the tune of $98.4 million; Parramatta Light Rail, which will serve the demographic

of the Sydney metropolitan area, is funded to the tune of $78.3 million; and pinch point clearways, to the tune of

$52 million. As the Premier has mentioned previously, major investments in the national highways, including the


Pacific Highway, are important. Investing in critical infrastructure will ensure that employment is created to

stimulate growth. That is the exact plan of our Federal counterparts.

I welcome the investment in health and education. We know full well that we must keep our country and

communities healthy. We can do that only if we have adequate funding in the Health budget. Future generations

will be well educated through funding injected into schools. It is great news from our Federal counterparts and

great news for New South Wales. We have a strong partner in the Federal Government and its policies dovetail

into the New South Wales initiatives. That is great news for the citizens of New South Wales.

Mr RYAN PARK (Keira) (16:00): It is interesting to hear members talk about fairness and priorities

because the Government is correct: Budgets are about fairness and priorities. They are an opportunity for the

Government of the day—red or blue, hopefully not green—to say clearly what their priorities are going forward.

What priorities did we see last night? Let us consider whether the following is reasonable. Under this budget if

you earn $1 million—about half as much as the member for Castle Hill earns—you are going to receive tax relief

to the order of $16,700. To do that there must be some cuts. The biggest State, the State that needs the money the

most and the State that provides the most people with frontline health and education services will see a real cut in

funding because it will not see a return of the billions of dollars that were ripped out of the budget a couple of

years ago when Joe Hockey and Tony Abbott went on a killing spree against public education and hospitals in

New South Wales.

Let us make it very simple for everybody: Budgets are about priorities and the Government's priority is

giving tax relief to the wealthy. Labor's priority will proudly always be to make sure that schools are well funded

and resourced, hospitals are state of the art and people can access quality vocational education. I note that there is

an opportunity to pay people $4 an hour to receive additional training. On the surface this may seem reasonable,

but, as the member for Londonderry clearly outlined, some of those resources should be put straight into the

New South Wales TAFE system that this Government continues to dismantle and destroy.

It is about priorities, and the Government's priorities are simply wrong. I note that the Treasurer made a

big song and dance about infrastructure and the proposed new rail line for Badgerys Creek. But it is planning and

assessment money; it is not money for hard infrastructure development. Let us be clear about that. This afternoon

the Minister for Health admitted—I hope members were listening like I was—that when there are changes to the

Medicare co-payment system inevitably people rush to local emergency departments because they cannot afford

to see their general practitioner.

The Minister for Health acknowledged today that she will be watching what happens carefully. She does

not need to watch carefully. As the Minister for Health she should know what will happen, and I am sure that she

is advised by health administrators, because it happens all the time. When the Federal Government makes

significant changes to the Medicare assistance that is provided to people to access their general practitioner and

when the doctors decide to increase their charges as a result, it inevitably costs more for mums, dads and children

to get the preventative treatment they need. If the Government introduces these measures in an attempt to stop

people accessing and clogging up hospital emergency departments, they will inevitably go to those already busy

and underresourced services.

This Government has its priorities completely wrong. What is disappointing about members of the

New South Wales Coalition Government is that they have sat by idly and allowed this to happen. They have

allowed the New South Wales education system to be underfunded and TAFE to have its heart ripped out to the

point at which people across the State can no longer afford to access training programs. Members opposite will

now sit back and watch as our hospitals are completely run down by a government that has its priorities all wrong.

Mr MICHAEL JOHNSEN (Upper Hunter) (16:05): It is with pleasure that I support this motion. The

shadow Treasurer clearly has a problem understanding the budget papers and what is in them. He said that New

South Wales has underfunded the provision of education and health services. He clearly does not know what he

is doing. The Leader of the Opposition might need to make another change to his shadow cabinet. Every time

members opposite talk about lower taxes they say that somehow they will be detrimental to the economy. That

clearly demonstrates that they have no idea what they are talking about. They do not understand what business is

all about, what entrepreneurs do, what risk-taking is, and that good investment leads to more employment. It is a

simple formula: The more we invest, the more employment we will generate and the more money we will get. We

all share in the benefits. It is not a difficult formula.

Members must congratulate and support people who take risks, invest and create jobs. That is exactly

what the Federal Government did in last night's budget and it is exactly what the New South Wales Government

is doing. I have a couple of examples in my electorate of major infrastructure being funded by the Federal

Government. Bucketts Way near Gloucester needs significant work and the Federal Government has provided

$16 million to undertake that work over the next four years. The Scone bypass is well and truly on track.


Mr Ryan Park: It is a nice place.

Mr MICHAEL JOHNSEN: It is my home town and it is a great place. The member for Keira should

visit. I would even buy him a beer and he might learn something. The asset recycling that this Government has

undertaken has paid dividends. The Federal Government is providing just under $2.2 billion in funding because

this State is well managed and supports entrepreneurs, and the people of this State with appropriate infrastructure.

Major projects are underway in my electorate, including on the New England Highway. Major infrastructure

projects in Sydney include the Sydney Metro, the Parramatta Light Rail, the Pinch Points and Clearways, Smart

Motorways and so on. Why do members opposite have a problem with the State Government supporting

businesses and our community? I do not get it. They are probably sitting on the Opposition benches because the

people also do not get why they do not get it. Members opposite should support this motion. [Time expired.]

Mr GREG WARREN (Campbelltown) (16:09): I support the contribution of my colleague the member

for Keira to this debate. He referred to a number of things that we learnt from last night's Federal budget. We also

learnt that providing health and education services for every man, woman and child this in the State remains well

down the list of priorities for Liberal-Nationals governments. We learnt that we have a government, a premier and

a treasurer who do not have the capacity to fight for the simple things that should be fought for in this State. We

are talking about children waiting in hospital emergency departments. At Campbelltown Hospital, 42 per cent of

patients wait more than four hours for emergency care. I have said that many times before and I will continue to

say it.

Other members have also mentioned this Government's priorities. This Government does not have its

priorities right. Members opposite run down to the big end of town to look after their mates, but they ignore

children who want to get a quality education in good facilities. New South Wales schools have a maintenance

backlog valued at $732 million. That is ignored by the Premier, Malcolm Turnbull and Conservative governments

time and again. A mate of mine likened the Conservatives' capacity to manage the economy to that of a

three-legged, one-eyed donkey. The only difference is that the poor old half-blind donkey probably has a little

more vision, stability and ability to provide what is required.

Last night's Federal budget failed to plug the $25 billion hole in education and health funding for

New South Wales left behind by Tony Abbott and Joe Hockey. That is outrageous and it ignores the needs of

every man, woman and child in this State. A mere $1.2 billion was included in the national education budget and

$2.9 billion in the national health budget. The funding shortfall imposed on New South Wales schools and

hospitals in the disastrous 2014 budget still has not been addressed. Members opposite have not fought for what

New South Wales needs. I am delighted that the Premier is in the Chamber to hear my contribution. I am telling

the House what the people of Western Sydney say about the things that affect them most. It is extremely

disappointing to realise that members opposite are willing to put the interests of their party and their loyalty to it

before the interests of children who want a good education and people who need and deserve a good health system.

Mr RAY WILLIAMS (Castle Hill) (16:12): In reply: It interesting to hear the contributions of members

opposite.

Mr Mike Baird: I would use other words.

Mr RAY WILLIAMS: I would too, but not on the record. I would not say anything unparliamentary.

Members opposite can argue only about the lack of spending or investment. The Federal Treasurer, the Hon. Scott

Morrison, made a sound point last night: The Federal Government will spend what it is able to spend. That means

that it is living within its means. Mr Deputy-Speaker, you understand that concept well because it is the concept

that this Government has applied since 2011. We must work within budgetary constraints because if we do not

we could end up with another $30 billion debt like the one left behind by the State Labor Government or the

$300 billion and growing debt left behind by the Federal Labor Government despite the fact that it inherited a

sound budget position from John Howard, who handed over a $20 billion surplus in 2007.

I always like to listen for the vision; I like to listen to people who can inspire me by suggesting ways we

can grow our economy, improve employment and lift growth. I am yet to hear anything like that from our State

Labor Opposition. Those opposite have opposed every measure we have taken. They opposed our Jobs Action

Plan. They opposed our asset recycling, leasing 49 per cent of the poles and wires network, which will give us in

excess of $20 billion of funding towards critical infrastructure over and above our budgetary spending in this term

of government.

It is in the DNA of the Liberals and Nationals to create opportunities and growth, to lower unemployment,

to create opportunities for business and to stimulate business—the very backbone and engine of our economies—

by creating employment and growth through those areas. That is what we have done in New South Wales and that

is a successful recipe. I chuckle a little when I see the massive $20 billion black hole that the Federal Labor


opposition's Chris Bowen has come up with. He did not quite sell his cigarette tax and he has come up with a

$20 billion black hole. I just wonder whether he is getting his Treasury credentials from the State shadow

Treasurer. It would appear to be thus.

The DEPUTY SPEAKER: The question is that motion of the member for Castle Hill be agreed to.

The House divided.

Ayes ................... 50

Noes ................... 35

Majority .............. 15

AYES






Mr Gee Mr Gulaptis Mr Hazzard

Mr Henskens Mr Humphries Mr Johnsen

Mr Kean Mr Maguire Mr Marshall

Mr Notley-Smith Mr O'Dea Mr Patterson (teller)

Mr Perrottet Mr Piccoli Mr Piper

Mr Provest Mr Roberts Mr Sidoti

Mr Speakman Mr Stokes Mr Taylor

Mr Toole Mr Tudehope Mr Ward

Mr Williams Ms Berejiklian Ms Davies

Ms Gibbons Ms Goward Ms Hodgkinson

Ms Pavey Ms Petinos Ms Skinner

Ms Upton Ms Williams

NOES






Mr Parker Mr Robertson Mr Warren (teller)

Mr Zangari Ms Aitchison Ms Burney

Ms Car Ms Catley Ms Doyle

Ms Finn Ms Harrison Ms Hay

Ms Haylen Ms Hornery Ms Leong

Ms McKay Ms Mihailuk Ms T. F. Smith

Ms Washington Ms Watson

PAIRS

Mr Rowell Mr Foley

Motion agreed to.

Bills

STATE REVENUE LEGISLATION AMENDMENT BILL 2016

Returned

The DEPUTY SPEAKER: I report receipt of a message from the Legislative Council returning the

State Revenue Legislation Amendment Bill 2016 without amendment.

The motion accorded priority having concluded, the House will now consider Government business.


TERRORISM (POLICE POWERS) AMENDMENT (INVESTIGATIVE DETENTION) BILL 2016

First Reading

Bill introduced on motion by the Hon. Mike Baird, read a first time and printed.

Second Reading

Mr MIKE BAIRD (Manly—Premier, and Minister for Western Sydney) (16:23): I move:

That this bill be now read a second time.

Our State, like many communities around the world, is grappling with the threat of terrorism. Recent incidents in

the heart of our community have shaken us to our core and unfortunately in so many ways led to the loss of some

innocent lives. This fact must remain foremost in our minds as we continue to respond to the threat of terrorism

with appropriate laws and preventative measures. This fact must serve as a constant motivation for us to ensure

we do everything we can to reduce the threat to our communities. This fact will cause my Government to be

resolute in its commitment to take every possible action to protect our community. Ensuring that New South

Wales police have the powers they need to investigate, prevent and combat terrorist acts is a key element of our

resolve. We thank our Commissioner of Police, who is doing an outstanding job, and the men and women on the

front line who do us proud on a daily basis.

The New South Wales Government has already taken a number of steps to advance the safety and security

of the people in New South Wales. We have tightened bail laws to ensure that those who pose an unacceptable

risk to the community are not eligible for bail. We have placed restrictions on illegal firearms and have created

tougher penalties for illegal gun possession. We have committed $47 million to fight violent extremism, hand in

hand with our communities, through support to New South Wales schools, young people, families and local

organisations. It is important to understand within those programs that a key part of the motivation has to be that

we do everything we can to protect our youth across the State. That is a key focus and resolve that we have.

The terrorist threat is evolving and our response must therefore evolve and respond to that threat.

Terrorism plots are developing more quickly than ever before and often it is only a matter of days before they are

enacted. Terrorism organisations are waging war through social media. ISIS has used social media to effectively

turn 30,000 people into fighters for their cause. We know they are targeting messages to young Australians.

Because of this capability, the forensic requirements in terrorism cases are incredibly complex and time

consuming. At the same time, the age of those perpetrating acts of terrorism continues to fall. Younger and

younger people are getting caught up in this brutal web. We must adapt to the shifting terrorism landscape.

The countering violent extremism programs that this Government has introduced aims to build social

cohesion, support the community and schools and are based on best practice evidence. Expert teams have been

deployed across New South Wales schools to work proactively with identified schools and respond as required.

Further training has been provided to counsellors and resources have been developed for our teachers and parents

to help them understand this threat and to help them protect our youth. We are also developing a service with

phone and online support, and information for individuals, families, friends and community members.

The Minister for Multiculturalism recently announced that 14 organisations would receive a total of

$8 million under the Community Partnership Action [COMPACT] grants program to promote social cohesion and

strengthen communities to resist extremism. At the same time, we must have law enforcement protections in place.

We must be vigilant in ensuring that our police can respond effectively to the changing terrorism threat. Since

using the preventative detention provisions in applications during Operation Appleby, New South Wales police

have identified some critical operational gaps in our counterterrorism provisions and we must address these

operational gaps. The bill does so, giving increased powers to New South Wales police to keep our communities

safe.

The bill is modelled on a similar scheme to one that has operated in the United Kingdom for many years.

The United Kingdom scheme has been an important tool for that country in its fight against terrorism. We have

support for this bill from the Council of Australian Governments [COAG] with the Australian Capital Territory

reserving its position. This bill was agreed in principle in April and COAG supported the New South Wales model

for investigative detention of terrorist suspects being used as a basis for a nationally consistent model. In addition,

New South Wales would introduce its legislation and, through this process, consult with other jurisdictions.

The bill assists the NSW Police Force to respond to and prevent terrorist acts by authorising the arrest,

detention and questioning of any person who is suspected of being involved in a recent or imminent terrorist

attack. This bill inserts a new section 25E, into the Terrorism (Police Powers) Act to permit a police officer to

arrest and detain a person if there are reasonable grounds for suspecting that the person has committed or will

commit a terrorist act, possesses a thing connected with a terrorist act, or is involved in preparing for or planning


a terrorist act. The terrorist act concerned must have occurred in the last 28 days or a police officer must have

reasonable grounds to suspect that it could occur within the next 14 days.

A police officer must also be satisfied that detaining the terrorist suspect will substantially assist in

responding to or preventing the terrorist attack. The bill adopts the existing definition of "terrorist act" contained

in the Terrorism (Police Powers) Act. Acts of this kind are done with the intention of advancing a political,

religious or ideological cause. They are also done with the intention of intimidating the public or coercing or

influencing, by intimidation, the Government. Terrorist acts can create a serious risk to the health or safety of the

public. Terrorist acts do not include advocacy, protest, dissent or industrial action.

The bill provides for an initial detention period of a terrorist suspect of up to four days with processes in

place for a senior police officer to review the detention every 12 hours after arrest. In other words, eight times in

the initial four days. The reviewing police officer must be independent of the investigation. The police must

discontinue the investigation as soon as practicable after the police officer in charge of the investigation ceases to

be satisfied that the person is a terrorism suspect or ceases to be satisfied that continuing the detention will

substantially assist in responding to or preventing a terrorist act.

The bill enables an eligible judge to extend the detention period beyond the initial four-day period in

increments of up to seven days up to a maximum total period of detention of 14 days. The bill includes protections

to ensure that the detention period is not extended unless an eligible judge is satisfied that the investigation is

being conducted diligently without unnecessary delay; there are reasonable grounds for suspecting that the person

continues to be a terrorism suspect; there are reasonable grounds for suspecting that any future terrorist act could

occur in the next 14 days, or so occur if the suspect is released; and the extension will substantially assist in

responding to or preventing the terrorist act concerned. The maximum detention period of 14 days reflects the

complex investigation techniques that may be required to protect the community from terrorism.

The bill ensures that detention warrants may only be issued by an eligible judge. This refers to a judge

of the Supreme Court authorised to issue a covert search warrant under the Terrorism (Police Powers) Act. The

eligible judge is acting as a persona designata rather than sitting as a court. Whilst this necessarily involves the

eligible judge in the investigative process to some degree, this is the approach regularly taken in New South Wales

for the grant of warrants. Clause 25L of the bill expressly provides that an eligible judge who deals with an

application for a detention warrant in relation to a person needs to disqualify him or herself from presiding over

any subsequent trial of the person in relation to the same matters.

Whilst detained, terrorist suspects may be questioned in connection with the terrorist act for which the

person was arrested or in connection with any other terrorist act that occurred within the last 28 days or that could

occur within the next 14 days. A detained person may also be questioned about another offence where there are

reasonable grounds for suspecting the person has committed the offence and that the offence is related to the

terrorist attack or that postponing the investigation may jeopardise it. The bill requires that a suspect be given the

opportunity to rest for a continuous period of eight hours in any 24 hours of detention and to have reasonable

breaks during any period of the questioning.

Clause 25M of the bill permits access to a lawyer and a support person for the suspect with the capacity

for police to seek a direction prohibiting contact with a specified lawyer or support person. A prohibited contact

direction may only be issued where the eligible judge is satisfied that the direction is reasonably necessary to

achieve the purposes of detention of the suspect. The police may monitor the contact the suspect has with family

members and others while in investigative detention. Contact with a legal representative of the suspect may not

be monitored. The bill requires legislative safeguards to protect detained persons, including additional safeguards

for young persons and other vulnerable persons, as does a comparable scheme in the United Kingdom. It is

important to note that under this bill a person under the age of 14 cannot be arrested or detained.

The special safeguard provisions contained in division 3 of part 3 of the Law Enforcement (Powers and

Responsibilities) Regulation apply to young persons aged 14 to 17 years of age and other vulnerable persons who

may be detained under the bill. The special safeguard provisions include the entitlement to have a support person

present during any investigation. A problematic gap in the current preventative detention scheme is the inability

to protect sensitive criminal intelligence relied on by police to inform detention applications. Clause 25K of the

bill rectifies this and establishes such a mechanism. This includes information, the disclosure of which would

prejudice investigations, reveal a confidential information source, reveal confidential police investigative

techniques, or endanger a person's life or physical capacity. The bill allows an eligible judge the discretion to

determine that information is criminal intelligence.

Criminal intelligence may be relied on by the eligible judge without disclosing it to suspects or their legal

representatives. The eligible judge must make a record that criminal intelligence was relied on. If the eligible

judge declines to determine that information is criminal intelligence, police are entitled to withdraw the


information as grounds for issuing the warrant, rather than risk having the information disclosed to the suspect.

The bill extends the sunset provision of the New South Wales offence of membership of a terrorist group in section

310J of the Crimes Act 1900 (New South Wales) from September 2016 to September 2019. There is a similar

offence under Commonwealth laws contained in section 102.3 of the Criminal Code of the Commonwealth. This

amendment will ensure that suspects may continue to be arrested for the New South Wales version of the offence

until the extended sunset date.

The Attorney General will review the operation of the bill as soon as possible after a period of three years

from its commencement. A report on the outcomes of the review is to be tabled in Parliament. In addition, the

Commissioner for Police must report annually on the exercise of powers under the bill. The report of the

Commissioner of Police is to be tabled in Parliament by the Attorney General. The Solicitor General has advised

that the bill does not give rise to any inconsistency with Federal legislation. He is also of the view that there is a

good argument that the bill is constitutionally justified as protective of the community, particularly in the context

of recent terrorism events in Australia and in other parts of the world.

This is indeed the precise purpose of this bill—to protect the community by assisting the NSW Police

Force to respond to and prevent terrorist attacks. This Government is taking every possible action to protect our

community and to protect our youth. The powers under this bill enable the NSW Police Force to undertake

appropriate actions in order to keep our community safe. They provide a necessary complement to efforts being

made in communities to prevent engagement in all forms of violent extremism. I commend the bill to the House.

Debate adjourned.

CRIMES (HIGH RISK OFFENDERS) AMENDMENT BILL 2016

First Reading

Bill introduced on motion by Ms Gabrielle Upton, read a first time and printed.

Second Reading

Ms GABRIELLE UPTON (Vaucluse—Attorney General) (16:36): I move:


The Government is pleased to introduce the Crimes (High Risk Offenders) Amendment Bill 2016. The bill will

amend the Crimes (High Risk Offenders) Act 2006 to clarify how the existing scheme for continued detention

and extended supervision applies to offenders serving sentences of imprisonment for violent offences. This bill is

another demonstration of my commitment as Attorney General, and the commitment of this Government, to

protect the safety of our community.

The Act enables the State to apply to the Supreme Court for preventative orders to supervise or detain

high-risk violent or sex offenders who pose an unacceptable risk of committing a serious violent or serious sexual

offence on their release from imprisonment into the community. The primary objective of the Act is to ensure the

safety and protection of the community. A further objective is to encourage high-risk violent and sex offenders to

undertake rehabilitation. The extended supervision and continuing detention of offenders is to manage a very

small cohort of high-risk offenders after their sentences end.

As Attorney General, I take very seriously my responsibility for making applications on behalf of the

State to the Supreme Court for orders to supervise or detain high-risk offenders. The offenders I am asked to

consider for such applications have demonstrated a capacity to commit unspeakable crimes. I read the evidence

about their past horrendous offending, and about their unwillingness or inability to rehabilitate while in prison.

I am presented with expert reports about the very high risk that they will reoffend. In some cases the offender has

even made it clear to authorities that they intend to reoffend when they are released. It is this close personal

experience of the offenders' behaviour that has left in me in no doubt of the need for a strong and robust regime

for the post-sentence detention and supervision of high-risk offenders in this State.

When introduced in 2006, the Act originally applied only to high-risk sex offenders. In 2013 this

Government recognised the need to extend the regime to high-risk violent offenders, who can pose an equally

concerning risk to community safety. The Act already covers high-risk violent offenders who are serving

sentences for imprisonment for offences that involve conduct that causes the death of another person or grievous

bodily harm. The persons must have intended to cause the death of another person or grievous or actual bodily

harm or be reckless as to whether they do so. The bill will clarify that the Act applies to violent offenders who

have been imprisoned for the offences of: wounding with intent to cause grievous bodily harm, manslaughter by

unlawful and dangerous act, and murder that occurs in the course of committing another serious crime, known as

constructive murder.


The offences have maximum penalties similar to those already clearly covered by the Act. The bill

addresses limitations where some very violent crimes, such as shootings and stabbings, are potentially not covered

by the Act due to the technical elements of the offence the person was charged with. The Act was intended to

cover these types of offending, however a technical limitation in the drafting of the Act has recently been

identified. In some individual cases, there are no distinguishing features between these offences and the offences

currently covered by the Act—the nature of the violent offending of people who have been imprisoned for these

offences is sometimes just as serious in nature as that of offenders currently covered by the Act. There is a concern

that the present definition of "serious violence offence" in the Act could apply haphazardly to some criminal

offences, but not others of objectively greater seriousness.

The Government is committed to ensuring that the community is protected from the high risk of

reoffending posed by such individuals. The amendments will enable offenders who pose an unacceptable risk of

committing further violent offences to either be detained for a set period after their sentence ends or be subject to

supervision by Corrective Services in the community. I would like to make it very clear that this bill does not

make every violent offender subject to the Act. These orders continue to be for the ongoing supervision of

dangerous offenders who have committed extremely serious offences and who have been assessed by experts and

by the Supreme Court, on my application, as meeting an unacceptable risk threshold. The serious violent offences

the subject of this bill are all serious indictable offences—they are offences which are punishable by imprisonment

for 25 years or life.

The regime under the Act is used only for a small number of offenders in the most serious cases. Only

one continuing detention order and nine extended supervision orders have been made since the provisions were

introduced in 2013. The bill is not intended to result in a significant increase in the number of people who are

subject to extended supervision or continued detention. The people who need to be subject to these orders to

protect the community are identifiable through a risk assessment process, including consideration by the High

Risk Offender Assessment Committee established by this Government in 2014.

The Committee is chaired by the Commissioner of Corrective Services and comprises representatives

which include members of justice, law enforcement and human service agencies. The Supreme Court ultimately

determines whether an order should be made. In assessing whether an extended supervision order or continuing

detention order is needed, persons offences are looked at alongside other factors, including their criminal history,

their pattern of offending behaviour, psychiatric and psychological issues, institutional behaviour and the

offender's attempts to rehabilitate, including through participation in programs in prison. Expert evidence,

including reports by independent psychiatrists and psychologists who have examined the offender, is provided to

the Supreme Court to inform its decision on the offender's risk of reoffending.

When offenders are detained, they are regularly reviewed by a clinical committee and referred to

programs to address the causes of their offending. Offenders supervised in the community are subject to conditions

imposed by the court, such as regular reporting to Corrective Services NSW, electronic monitoring and

participation in treatment and rehabilitation programs. Breaching such a supervisory order is a criminal offence

punishable by five years imprisonment, a $55,000 fine, or both. These orders are also regularly reviewed by

Corrective Services to ensure that they are still appropriate.

A broader statutory review of the Crimes (High Risk Offenders) Act is now underway to examine

whether the Act is achieving its policy objectives. In undertaking that review, I have asked the Department of

Justice to consider, and consult with stakeholders broadly in relation to, options for better managing high-risk

offenders and whether the factors the Supreme Court is required to consider in making an order for continuing

detention or extended supervision align with the Act's objectives. That report is due to be completed by March

2017. The amendments in the bill before the House today are being progressed in advance of that broader statutory

review, as limitations in the Act pose a real and immediate threat to community safety.

I would like to take this opportunity to thank the stakeholders consulted in the drafting of this bill in

New South Wales, including the Bar Association, the Law Society, Legal Aid, the Office of the Director of Public

Prosecutions, the police, the Public Defenders Office and the Serious Offenders Review Council. I now turn to

the detailed provisions of the bill. Item [1] of the bill would amend the definition of "serious violence offence" in

section 5A of the Act. The definition of "serious violence offence" effectively defines who is a high-risk violent

offender. It does so in two ways. First, to be considered a high-risk violent offender, the person must have been

sentenced to imprisonment for a serious violent offence. Secondly, the court must be satisfied to a high degree of

probability that the offender poses an unacceptable risk of committing a serious violent offence if he or she is not

kept under supervision.

Item [1] would clarify that the Act covers some types of murder that occur during the commission of a

serious crime, such as during an armed robbery. This is referred to as constructive murder. Other types of murder

are already serious violence offences. Constructive murder often involves the offender engaging in violent acts.


Courts have consistently held that constructive murder is just as serious as other types of murder. Item [1] also

clarifies that reckless conduct that causes the death of another person also includes a reference to manslaughter

caused by an unlawful and dangerous act. The offence of manslaughter by unlawful and dangerous act can also

involve acts that amount to serious violence. While often this offence occurs as a one-off error of judgement,

unfortunately for some offenders the offence forms part of a pattern of recurring violence.

Finally, the bill clarifies that a serious indictable offence that is constituted by a person engaging in

conduct that causes grievous bodily harm includes conduct that wounds another person. The person must still

have intended to cause the death of another person or grievous bodily harm. In practice, offenders are often

convicted of the offence of wounding when the harm caused was grievous bodily harm. This is because it is easier

for the prosecutor to prove the offence of wounding, and the same maximum penalty applies. This is creating a

limitation in the Act whereby people who have engaged in the same criminal conduct, such as shooting or stabbing

someone, are either covered or not covered by the Act depending on what offence they were charged with and

convicted of.

Currently, an offender who is convicted of attempting to cause grievous bodily harm but who in fact did

not harm the victim would be covered by the Act, but an offender who is convicted of actually wounding the

victim would not be covered. This bill will address these limitations by clarifying that applications can be made

in respect of offenders serving sentences of imprisonment for the offence of wounding with intent to cause

grievous bodily harm. It is the offenders who are serving sentences of imprisonment for wounding—but who

intended to cause grievous bodily harm—to which it is envisaged that the Act would now apply in practice.

Item [2] deals with savings and transitional matters. It provides that the amended definition of "serious

violence offence" will apply to sentences imposed and offences committed before the amendments commence.

This is consistent with the high-risk violent and sex offender schemes which also applied to pre-existing offences

in this way when they were introduced. This bill will commence on the date of assent. By clarifying the Act's

application, the bill ensures the Act fulfils community expectations of what serious violence offences should be

covered. With this bill, the Government is promptly responding to newly identified potential limitations in the Act

that pose a real and clear threat to community safety. As Attorney General and as a member of the Baird

Government, I will not allow the community to be placed at risk. The safety of our community is paramount.

I commend the bill to the House.

Debate adjourned.

FINES AMENDMENT BILL 2016

Second Reading

Mr ANDREW GEE (Orange) (16:52): On behalf of Mr Anthony Roberts: I move:


As this bill was introduced in the other place on 22 March 2016 and is in the same form, the second reading speech

appears at pages 4-5 in the proof Hansard for that day. I commend the bill to the House.

Mr CLAYTON BARR (Cessnock) (16:52): I commend the member for Orange for one of the more

insightful contributions he has made to debate in this Chamber during his short time as a member of Parliament,

and of course I wish him well for the future, whatever that holds. In leading for the Opposition in debate on the

Fines Amendment Bill 2016, I point out at the outset that this bill is the Government's response to Opposition

criticisms about the amount of fines and taxes sitting unpaid and idle in recent years. The headline ran in February

while Mike Baird was at the Council of Australian Governments [COAG] supporting the idea that the GST could

be increased to 15 per cent—when at the same time his own State Government was owed $1 billion in outstanding

fines. At this stage of the debate on this bill, it seems reasonable to make some comments about the budget position

of the State and the Federal budget handed down last night.

It is important for us to note that at the same time as the Federal Government talks about financial woes

and a budget emergency it offers tax cuts to people earning in excess of $1 million. In gambling parlance there is

a "quaddie", where one consider oneself successful if one backs all four winners at the horseraces. In the Federal

budget the quaddie goes like this: There are cuts to funding for higher education, schools, TAFE and preschools

and early childhood education. That quaddie will be the legacy of the 2016 budget in the lead-up to an election in

which I predict we will have a change of government. However, I digress.

As we all know, the GST is an inherently regressive tax penalising low-income earners, who spend a

greater proportion of their income on goods and services. This is the reason for the criticism of the Government

of this State when the Premier spoke about increasing the GST rate from 10 per cent to 15 per cent. Fines, by

contrast, penalise people who have broken the law in some way. It seems to follow that the latter is a much fairer


source of revenue. I note recent discussions about the intent of fines, which is to deter certain behaviour, and that

the effectiveness of fines is often determined by the income of the person being fined. We all remember the great

tennis player John McEnroe who threw terrible tantrums on the court that would result in his being hit with a fine

of $1,000. At the time he was earning $10 million or $12 million a year and the fines hardly seemed to affect his

behaviour. We made the point in February that the Government should begin with outstanding fines before asking

the Commonwealth to whack everyone with a 50 per cent increase in the GST. I am pleased that the Government

has taken this suggestion on board.

The majority of the amendments proposed in this bill can be characterised as pretty basic common sense,

and the Opposition is happy to support them. The bill will make a number of improvements to the efficacy of the

fines process. Where persons are fined for an offence committed by another person in control of their vehicle,

they will now be able to nominate that person as the driver even after the fine has been paid. Why is this needed?

Often when a fine arrives in the mail, the addressee automatically pays the fine and only later realises that he or

she was away at the time of the incident or someone else was driving the car.

In the past it has been impossible to nominate the responsible driver after the payment of the fine. This

amendment will make this possible. This added flexibility will eliminate unfair situations in which recipients of

penalty notices pay them in error, before realising that they were not responsible for the offence but being unable

to do anything about it. New South Wales has not benefited in any way from people being forced to wear fines

and demerit points for offences they did not commit. The Opposition supports this section of the bill, amending

sections 23AA and 23AB of the Act.

In the same vein, we consider the extension of the nomination period to 90 days, through amendments to

the Transport Administration Act 1988, to be another common-sense change that we are pleased to support. We

are glad to see that the Government has taken on the Opposition's call to pursue fines more vigorously, whilst at

the same time making the system more flexible for those who are not responsible for offences. There are some

days when we sit on the Opposition benches and think that we have crafted the legislation before the House.

The amendments to section 28 of the Fines Act allow the Office of State Revenue to serve a penalty

reminder notice at an address previously provided by the intended recipient, where that address has been provided

in the course of an application for review of a penalty notice, an application for a work and development order,

an application for a time to pay order, or a court election. Whilst unlikely to assist where people are consciously

avoiding service of a fine, this change will increase the chances of a notice reaching the intended person by simply

sending it to more addresses where the person has been known to reside. Amendments to section 61 make the

same changes for the service of notice of a court enforcement order. The Opposition supports both changes.

Furthermore, the amendments to section 126A are designed to address the 75,000 penalty notices that are returned

to the Office of State Revenue each year.

It seems the process of pursuing fines in this State has been a little like the experiences Elvis Presley

sings about in Return to Sender. Allowing further enforcement action to be taken when the notice is returned to

sender may go some way towards ending this absurdity. The Act will no longer allow an offender to bring

proceedings to an end simply by writing "RTS" on an envelope. The change to section 38 is a revision amendment,

and section 46 offers clarity around the process when a penalty notice is withdrawn. The amendment to section

71 is to change the period after default at which enforcement procedures will be taken from six months to 21 days.

Once a person has reached the point of default, the chance of payment is minimal. If there has still been no payment

after a further three weeks that chance is virtually non-existent.

It is right and reasonable for the New South Wales Opposition and the people of New South Wales to

have some concerns about the amendment to section 71. The most likely reason for people to have not paid their

due fine is financial difficulty. In fact, it is almost impossible to think of any other reason. These same financially

challenged people will now be exposed to enforcement procedures after 21 days instead of six months. On inquiry

during the briefing provided by the Minister, I was assured by staff that there are very few instances where a

person who has defaulted on all other earlier efforts to recoup the outstanding fine money suddenly pays the

money in this final six months. This change in the legislation therefore is a suggestion by the Government that

waiting six months to commence enforcement seems to merely delay what is basically inevitable by the 21 day

mark. We will not oppose this proposed amendment, and the consequential amendments to other Acts which carry

some responsibility for fine issuance or enforcement.

The amendments to section 100 of the Act allow additional fines to be added to an offender's existing

payment plan, and we support this change. At present, somebody whose ability to pay is already so restricted as

to require a payment plan for the first fine, then has to apply all over again for a payment plan for any subsequent

fine or fines. Again, this is typically, almost always, people who are struggling financially. I shudder to think

about the number of outstanding and unpaid fines that have had an additional $65 late fee imposed on the existing

fine because a person had not paid or made arrangements to pay in time. This historical practice had the effect of


setting the bar higher and higher for the very same people who did not have the funds to reach the original low

point of the bar. This amendment, to add additional fines if they go unpaid to an existing payment plan, may abate

that confusion and alleviate the added stress of late fees.

I note that this change extends the time to pay without increasing the size of the actual periodic payments.

I further note that this provision does not interfere with the offender's right to appeal against any subsequent fine

or seek its withdrawal. With these two crucial details in mind, the Opposition supports this amendment. However

we have significant concerns about the amendments to section 117AB that expand the definition of "relevant

information" to include "the name of an authorised deposit-taking institution of which the fine defaulter is a

customer and details of any account of the fine defaulter with the institution". Plainly, this constitutes a significant

expansion of the Government's power to access personal financial information about a fine defaulter. In the past,

the Government has been restricted to seeking this information from government bodies. The rationale for this is

clear: When somebody gives his or her bank account details to a government department or agency, there is an

implicit understanding that the Government will retain that information, have access to that information and be

able to seek, find or pursue the person through that information at a future time.

However, the amendment proposed to section 117AB changes this dynamic completely. Under this

proposed change the Office of State Revenue will have the ability to access personal, private information, such as

financial information, which has not previously been voluntarily and knowingly passed on to the Government by

the person in question. The person has not consented to their information being made available to the New South

Wales Government, yet the Government will suddenly have it and can use it to pursue a fine against them. Bank

garnishee orders are undoubtedly an effective method of extracting payment for outstanding fines, and the

Opposition generally supports reasonable measures that are designed to increase the rate of collection of

outstanding penalty notices. However, this must be balanced against an individual's right to privacy regarding

their financial arrangements.

Financial details, particularly in relation to one's bank account, are intensely personal, sensitive and

private. Allowing the Government to pry into this area without the person's consent sets a concerning precedent.

I am not convinced that a person's failure to pay a penalty notice extinguishes his or her right to financial privacy.

I am not convinced that the Government's admirable fervour to increase the rate of debt collection warrants this

significant expansion of its power and the proposed new ability to pry into the private financial status of Joe or

Jane Citizen.

I call on the Minister to give further attention to this matter when he replies to the debate. His second

reading speech was light on detail as to what volume of persons may be affected by the Government's significant

new power and what quantum and value of fines are at stake in opening up this Pandora's box of access to personal,

private details through external credit reporting agencies. Indeed, the Minister in reply may give some

consideration to withdrawing that part of the bill until such time as the effectiveness of other amendments in the

bill can be evaluated as to their success.

Having made that final point and having raised concern about the Government's reach extending into

private citizens' finances, on the whole the bill will bring about a better rate of recovery of outstanding and unpaid

fines. It is entirely reasonable for the Government of the day to look to recover outstanding moneys owed long

before proposing irrational and irresponsible measures such as increasing the regressive goods and services tax to

15 per cent. The New South Wales Labor Opposition will not oppose the bill.

Ms ELENI PETINOS (Miranda) (17:07): I support the Fines Amendment Bill 2016. The previous

contribution by the member for Cessnock was interesting. I have never before heard of fines being linked to the

goods and services tax or to Elvis. I will address the substance of the bill. The Fines Amendment Bill 2016 contains

further reforms to the administration of fines and penalty notices by the Office of State Revenue with a view to

improving administrative efficiency. In support of this bill, I will highlight certain provisions. I turn to penalty

notice nominations. A major part of the penalty notices process is the issuing of fines for operator onus offences.

By way of background, penalty notices are issued to the registered operator of vehicles for camera-recorded

offences, including speeding and red-light offences, and for parking offences.

Liability for fines can be transferred effectively to the offender by nominating the person who was in

charge of the vehicle at the time the offence was committed. Last year the Government introduced legislation to

allow nominations to be made electronically. Prior to the amendments, electronic nominations were restricted to

company-owned vehicles. The Fines Amendment Bill 2016 builds on those reforms in three ways. First,

consequential amendments to various Acts allow electronic nomination for other vehicle or vessel offences.

Secondly, the time for nomination under the Road Transport Act is extended to 90 days to ensure consistency

with the Fines Act. Thirdly, the bill contains provisions to ensure that the fine and demerit points are borne by the

actual offender when the fine was paid prior to the nomination being made.


These amendments are required to create a consistent process and use of electronic nominations, thereby

reducing red tape and increasing efficiency of government. The Office of State Revenue acknowledges that some

individuals may have difficulty paying their fines because of financial hardship. In this case, the Office of State

Revenue enters into payment plans that reflect the person's ability to pay. The bill allows greater administrative

flexibility for clients on existing payment plans. If a person on a payment plan receives a new fine they are usually

unable to pay the fine immediately, which means the fine will generally be enforced and an additional $65 fee

incurred. Additional enforcement costs, stress and red tape are being incurred by people who are in financial

hardship, for no benefit.

The amendments enable the Office of State Revenue to automatically add additional enforcement order

fines to an existing payment plan by extending the number of instalments without the need for an application from

the fine defaulter. Furthermore, the amendments will assist the Office of State Revenue to keep clients engaged

in the process of paying their fines without being discouraged by additional costs. This will allow the Office of

State Revenue to increase the amount of debt under active management without imposing additional costs on

defaulters. At times it is necessary for a withdrawal of enforcement orders. The bill extends the circumstances in

which the Office of State Revenue can withdraw a penalty notice enforcement order.

By way of background, the Office of State Revenue can withdraw a penalty notice enforcement order

only in circumstances specified in the Act, which include if a request is made by the officer who issued the penalty.

The Office of State Revenue is able to review penalty notices in accordance with approved guidelines and

determine whether the penalty should stand, be replaced by a caution, or be withdrawn. However, once a penalty

notice proceeds to enforcement, the Office of State Revenue has much less flexibility in dealing with enforcement

orders. As such, the amendments provide the Office of State Revenue with the power to apply guidelines approved

by the issuing authority that currently apply at the penalty notice stage. This will avoid delays in dealing with

applications from customers for review of such orders.

Another amendment in the bill relates to the address for service. For completeness, an enforcement order

can be made only if a penalty notice and reminder notice have been served on the person without response. A

notice is not served if it is returned undeliverable to the Office of State Revenue and therefore cannot be enforced.

If an enforcement order is not issued within 12 months of the offence, no further action can be taken.

Approximately 75,000 notices are returned undelivered to the Office of State Revenue each year. Because of this,

the bill will allow fines notices to be served at the most current address available to the Office of State Revenue,

which will reduce the amount of mail that is returned as undelivered.

The address for service will include an address provided to the Office of State Revenue in an application

made by the person, or in a court election notice. This will also permit an enforcement order to be made within

time even if a penalty or reminder notice posted to one of those addresses is returned as unclaimed mail. The

Office of State Revenue will be authorised to take civil enforcement action if the fine remains unpaid 21 days

after the Office of State Revenue has directed Roads and Maritime Services [RMS] to suspend the fine defaulter's

driver licence. This will remove a potential six-month delay in taking civil action, such as issuing garnishee and

property seizure orders.

Fine defaulters are given written notice of potential enforcement action so that any delay serves no

purpose. I note that this enforcement action is not taken if the person contacts the Office of State Revenue to make

arrangements such as for payment by instalment. An important reform in this bill is removing the delay in taking

civil enforcement action. When I refer to civil enforcement action, what I mean in fact is the issuing of garnishee

orders or property seizure. This civil enforcement action can be undertaken by the Office of State Revenue only

if Roads and Maritime Services sanctions are not available, or were imposed but do not result in payment. Allow

me to give some examples. If a fine remains unpaid six months after licence suspension, the Office of State

Revenue can direct RMS to cancel the licence and then proceed to civil enforcement.

I understand that if a defaulter has not voluntarily paid within four weeks of a licence suspension, they

are unlikely to do so. Similarly, a further delay of five months reduces the effectiveness of civil sanctions. The

bill permits the Office of State Revenue to take civil enforcement action if the fine remains unpaid 21 days after

the Office of State Revenue directs Roads and Maritime Services to suspend a licence, thus removing a potential

five-month delay. I turn to the amendments regarding disclosure of bank account information by credit reporting

bodies. The bill extends the authority of the Office of State Revenue to obtain information about fine defaulters

from credit reporting bodies to include customer banking details. The personal information about fine defaulters

obtainable in this way includes name, sex, date of birth, address, licence number and employer.

I note that at present the Office of State Revenue is authorised to obtain bank account information from

other government agencies but not from credit reporting bodies. The additional information will be used to take

enforcement action, such as garnisheeing a defaulter's bank account. There is a proven history of bank garnishee

orders being the Office of State Revenue's most effective civil sanction. Needless to say, having the bank account


details of the defaulter significantly increases the chances of a garnishee order being successful. The bill contains

measures that will enhance the fines enforcement process, with significant changes to the administrative functions

of the Office of State Revenue improving administrative efficiency. I commend the bill to the House.


(17:17): On behalf of Mr Anthony Roberts, in reply: I thank members for their contributions to debate on the

Fines Amendment Bill 2016. The New South Wales Government is committed to having best-practice fines

legislation, and the bill contains amendments that reflect that commitment. The bill makes amendments to provide

faster, simpler, more effective and fairer processes for processing penalty notices and enforcing unpaid fines.

I will address some of the concerns raised by the member for Cessnock, the shadow Minister for Finance,

Services and Property, relating to privacy and receiving bank information from credit reporting bodies. Credit

reporting agencies are regulated by the Commonwealth Privacy Act, which permits bank account information

held by agencies to be provided to private debt collectors. The bill will ensure that the Office of State Revenue is

able to access the same information as the private sector. One of the privacy principles underpinning both the

Commonwealth and State Privacy Acts is that private information about an individual should be obtained by

public bodies from the individual.

However, there is a number of exceptions in both the Commonwealth and State legislation in which there

is an overriding public interest, and ensuring debtors pay their bills is such a case. This legislation will improve

consistency in procedures at different stages of the penalty notice and fines enforcement process. It will also

improve the effectiveness of enforcement by engaging earlier with clients using more accurate information about

fine defaulters, and will achieve administrative simplicity and flexibility. These are important amendments that

ensure State fines legislation keeps pace with change. I commend the bill to the House.

Motion agreed to.

Third Reading


(17:17): On behalf of Mr Anthony Roberts: I move:


Motion agreed to.

The ASSISTANT SPEAKER: Government business having concluded, we will now proceed with

private members' statements.

Private Members' Statements

PILLAR ADMINISTRATION SALE

Ms NOREEN HAY (Wollongong) (17:18): I draw the attention the House to some issues that have

arisen recently in my electorate. I have received a number phone calls from constituents today who stated that

they had read an Illawarra Mercury article about the sale of the Pillar Administration in Wollongong. They

wondered why no comment had been sought from me as the member for Wollongong. I subsequently obtained a

copy of the article. The State Labor Government of which I was a member was responsible for the relocation of

Pillar Administration to Wollongong. At the time the business employed about 300 people. Since establishing in

Wollongong it has expanded to employ more than 700 people. It has been a great success story. An 11 February

2012 an article in the Illawarra Mercury under the headline "Row over Pillar sale rumours' and written by Mario

Christodoulou states:

The NSW Government says speculation it is about to sell its Wollongong-based superannuation administration company is

"unsubstantiated".

The comment came as Wollongong's Labor MP Noreen Hay called on the Government to safeguard 600 jobs connected to Pillar

Administration.

In another article in the newspaper headed "Concern over Pillar privatisation plans", which was published on

11 October 2013, journalist Kate McIlwain provided information about the situation and reported comments from

Public Service Association Assistant Secretary Steve Turner and from me as the member for Wollongong. Another

article by Kate McIlwain published on Saturday 10 May 2014 headed "Govt won't stop Pillar sale" again contained

various quotes.

The editorial in today's edition of the Illawarra Mercury reads like an advertisement for the New South

Wales Government. It contains no balance and presents no alternative view. I was certainly not invited to make a

comment despite that fact that the company is in my electorate. It states that the announcement of the sale is great

because even when the Government sells the business one of the conditions of the sale will be that it must stay in


Wollongong for 10 years. However, the workers will be guaranteed only two years of employment. The editorial

suggests that that provides them with certainty. I agree with the comments made on Illawarra ABC by Tony

Heathwood of the Public Service Association that the language was confusing.

Mr Mark Coure: Is he a branch member?

Ms NOREEN HAY: I believe he is a member of the Public Service Association. If the member for

Oatley has a problem with the association he should tell it, not me. The Labor Government relocated Pillar

Administration to Wollongong, after which it grew, did very well and employed many people. As usual, this

Government has tried to do whatever it can to sell an asset and to reduce employment opportunities. It is

unfortunate that at the same time we have nurses complaining about the new 24/7 arrangement this Government

has cut funding for health and education. It has cut jobs all over the place. If it sees something standing still it will

sell it. Frankly, its justification for what it does is a joke.

Mr Mark Coure: Then stand still.

Ms NOREEN HAY: I would not get into this if I were the member for Oatley. Some of us support our

nurses and our schools. I do not know why the member for Oatley hates students and people who need health

services. It is a disgrace.

CONTAINER DEPOSIT LEVY

Mr MARK COURE (Oatley) (17:22): I support the introduction of a container deposit scheme. Last

year the Premier announced that during this parliamentary term a container deposit scheme would be implemented

in New South Wales. I am proud that the Government is taking these steps and considering the implementation

of measures that will reduce the volume of litter in this State by 40 per cent by 2020. Each and every year 160

million beverage containers are littered across our State. That equates to 44 per cent of total litter volume, which

is by far the largest proportion of litter in New South Wales. As members know, New South Wales is the best and

most beautiful place to live. We are fortunate to have some of the best beaches in the world, stunning national

parks and a harbour that is second to none.

Ms Noreen Hay: And the Illawarra.

Mr MARK COURE: And the Illawarra. The people of New South Wales expect and want us to act to

ensure that our State and our local communities remain free of litter and waste. Our communities also want us to

take reasonable steps to limit the damage that excessive waste causes to natural environments including impacts

on marine life, birds and other species. That is why this Government intends to introduce a container deposit

scheme that is cost effective and gives people an incentive to return their drink containers, targets drink containers

used away from home, promotes existing kerbside services and adopts modern technology such as reverse vending

machines.

Earlier this year the Government established an advisory committee to assist the environment Minister

with the design and scope of implementing a container deposit scheme. This committee has provided wide-ranging

advice and has been supported by six working groups that have focused on things such as environmental

protection, retailer engagement, community and local government engagement, engagement with businesses,

business and financial model development, technology and innovation, and engagement with the industry. The

advisory committee released a discussion paper that proposed two different models for consideration. I am

encouraged by the input and representation from the community, businesses, local government and all those who

seek a reduction in drink container litter. I have been advised that there was significant and thoughtful feedback

provided to the committee regarding the proposals and that this is being considered carefully by the Minister and

his department—and in future hopefully by Cabinet.

A container deposit scheme encourages and incentivises people to return their drink containers to an

allocated collection point. It rewards environmentally responsible behaviour and promotes recycling. Importantly,

it provides an opportunity for the person consuming the drink to hold onto the empty container for later

redemption. The Government's proposal also provides an incentive to motivate people to collect other people's

litter and containers and to receive awards. The New South Wales Government is committed to implementing

strategies and policies that support best environmental practice. Container deposit schemes have been

implemented successfully in a number of jurisdictions in Australia, including South Australia and the Northern

Territory, and overseas, in Canada, Croatia and Denmark.

Litter is unfortunately present in many parts of the State. It is a problem and a concern to residents in my

electorate. Recently I was in parts of Lugarno close to the Georges River and I could see on the banks of the river

a large number of bottles and cans, particularly empty water bottles that had washed up over months. Litter attracts

more litter; it is unsightly, makes places look uncared for and harms the natural environment. Evidence suggests


that the presence of litter promotes antisocial behaviour, including graffiti and damage to property. In New South

Wales alone, litter costs more than $162 million to clean up. Drink containers are often the number one offender.

The New South Wales Government's container deposit scheme is part of a plan to reduce litter generally

across our beautiful State and in our local communities. This Government has committed $20 million over a

five-year period to promote anti-littering efforts, including community awareness campaigns such as the "Don't

be a tosser" campaign, targeted enforcement in trouble spots and upgrades to litter infrastructure. These measures,

coupled with the introduction of a container deposit scheme, will further strengthen the Government's commitment

to safeguarding and protecting the natural environment of New South Wales. I applaud the Minister for the

Environment and the New South Wales Government for promoting real, meaningful change to manage litter in

New South Wales.

LORD HOWE ISLAND WEED ERADICATION PROGRAM

Ms LESLIE WILLIAMS (Port Macquarie—Minister for Early Childhood Education, Assistant

Minister for Education, and Minister for Aboriginal Affairs) (17:28): As members of this House know, part

of the Port Macquarie electorate takes in the idyllic Lord Howe Island, which is located 600 kilometres east of

Port Macquarie. As the local member I try to visit a few times a year—and, really, who can blame me? It is a very

beautiful place that attracts thousands of visitors annually. My most recent visit to Lord Howe Island was in March

to attend the board meeting but also to join the community to celebrate their weed eradication program. Trying to

eradicate weeds is something most gardeners do around the house and it can be a bit boring. But when you are

dealing with a World Heritage listed island, the task can be daunting.

I commend the efforts of the Lord Howe Island community in maintaining the island's environment and

World Heritage values. Those values are important to the island's nature-based tourism economy and way of life.

Many of the weeds on Lord Howe Island are common on the mainland, where it is an uphill battle to contain them.

But on Lord Howe Island, given its isolation, limited size and intact environment, there is a real opportunity to

eradicate invasive weeds. Whilst funding is one key for success, it is really the spirit and determination of the

people on the ground that makes the difference. Weeding is done by many people on the island: board staff,

contract staff and volunteers.

It takes patience, skill and stamina to do weeding, often working in difficult and rugged terrain, in thick

scrub and in poor weather. The importance of the job of the weeder in looking after this beautiful environment

should not be underestimated. A key to program success is local knowledge. I recognise the importance of that

local knowledge and the contribution of a legendary weeder, Bruce Thompson—or Gilly, as he is known. Gilly is

the supervisor of the board's weed team. Gilly has been involved in many Lord Howe Island conservation

programs. His remote area access skills, knowledge of the island's flora, and capacity for sharing this knowledge

with staff and volunteers are second to none.

Volunteering is undertaken by local people, volunteers recruited by the board from elsewhere and the

Friends of Lord Howe Island. Volunteers play a vital role in removing weeds, sharing skills and information, and

spreading the word about their experiences on Lord Howe Island to the broader community. Over a period of

20 years volunteer input has included more than 954 people—one of whom was our former Premier, the

Hon. Barry O'Farrell—and more than 45,000 hours and has been worth some $1.6 million. I acknowledge one of

the many volunteers who has shown an ongoing commitment to the weeding program. Aloka Reeves from the

New South Wales mid North Coast has contributed 109 volunteer days on Lord Howe Island in the past 10 years.

The Friends of Lord Howe Island has been active on the island as an organised group since 2001.

However, its origins go back to Ian Hutton's weeding eco-tour groups, which started in 1995. The Friends of Lord

Howe Island is a very keen group of volunteers who actually pay to travel to the island and weed. The efforts of

its members over many years have achieved outstanding results on Transit Hill and in other areas. The Friends of

Lord Howe Island has also donated funds to assist in helicopter operations and management of invasive grasses

and tree weeds. More than 751 individuals have invested 25,000 hours in weeding to date. The significant input

of the Friends of Lord Howe Island must be commended.

The valuable input of volunteers and staff in weeding on Lord Howe Island over the past 10 to 20 years

has achieved the fantastic results that can be seen if ever anyone in this place gets the chance to visit that beautiful

place. In the next decade we hope to see even more progress towards the goal of weed eradication and protection

of the island's unique environment. I take this opportunity to once again congratulate all involved: the board, staff,

volunteers and many contract staff who have contributed to these fantastic results.

EUROBODALLA RURAL LANDS STRATEGY

Mr ANDREW CONSTANCE (Bega—Minister for Transport and Infrastructure) (17:32): This

evening I recognise on behalf of the rural community in the Eurobodalla shire the contribution made by a group


of volunteers who over many years have represented farmers on the Rural Lands Strategy, which was adopted by

Eurobodalla shire in February this year. A number of individuals went above and beyond in their commitment to

be part of the committee and in their advocacy. Mr Huon Hassall, Mr Stephen Beashel, Mr Harry Bate and

Councillor Liz Innes were part of the committee but also incredible advocates. Other committee members also

should be recognised and thanked. It has been a very difficult process for reasons that I do not quite understand.

There was a long, protracted process that ultimately led to much uncertainty about the many opportunities that lay

ahead for farmers in relation to their land in the shire. The Rural Lands Strategy was designed to inform the

planning processes of the shire.

There were a number of significant issues that had to be worked through over the past number of years.

The members of that committee have advocated incredibly well on behalf of their community, and deserve to be

recognised and thanked for their contribution. The most topical issues that were raised throughout the past couple

of years related to the application of some of the environmental zonings, in particular E3, which is the

environmental management zone. There were issues about overlays and their application in the local environment

plan [LEP] and, of course, additional development opportunities on rural lands throughout the shire.

After much community debate and discussion I am pleased that the council adopted a strategy that does

not apply the E3 zones, but includes a native vegetation overlay in the LEP. It is a council decision, but it has to

be considered by the Minister for Planning, and the Department of Planning and Environment. It is important that

we recognise the fact that the council has adopted that strategy. I am also mindful that in respect of the work that

has been achieved, it opens opportunities for agricultural lands in the shire for rural tourism businesses and others.

We are seeing enormous success at the moment in places in the shire such as Tilba, where an incredible amount

of focus and effort have gone into promoting sustainable agricultural practices in the area. A television program

named River Cottage that is based in our part of the world is well promoted nationwide.

There is no doubt that throughout this process the committee members were under enormous pressure. It

is fair to say that it is rare to see such commitment from members volunteering to work in my community and the

pressure that they felt throughout this process. When council first put the local environmental plan on public

exhibition a number of years ago, there was a lot of anger from the agricultural community. Now it has been

worked through with community members, but not without enormous strain and pressure. They deserve to be

recognised and thanked for their efforts. I am pleased to know them all and I am pleased with their work. Now it

will be incumbent on the Planning Minister to ensure that the great work is followed through.

HUNTER STADIUM SOCCEROO WORLD CUP QUALIFIER MATCH 2017

Mr TIM CRAKANTHORP (Newcastle) (17:37): I support the call of the Leader of the Opposition,

Luke Foley, for Football Federation Australia to grant Newcastle the rights to host an upcoming Socceroo World

Cup qualifier match in 2017. In April this year Mr Foley wrote to the Premier, suggesting that the Hunter Stadium

in Newcastle should be the venue for the Australian match against the United Arab Emirates. This match is

scheduled for March 28 next year. In a rare show of bipartisan support, the Premier agreed with Mr Foley. Both

sides of Parliament now agree that more international football matches should be played in Newcastle. Mr Foley

has also written to Football Federation Australia to negotiate the qualifier for Newcastle, with the support of

Premier Baird. While Football Federation Australia Chief Executive Officer David Gallop has already offered

support for the proposal, he did proffer that the Newcastle bid would need the "right level of government support."

A spokesperson from Football Federation Australia also offered that it had contractual obligations with

DestinationNSW to play at least one of the five home matches in the next World Cup qualifying round in

New South Wales. Newcastle is primed for this event, with a strong track record of hosting international games.

This weekend the Hunter Stadium will host an international rugby league match. The Trans-Tasman Test will see

the Harvey Norman Australian Jillaroos take on the New Zealand Kiwi Ferns, followed by the Australian

Kangaroos versus the New Zealand Kiwis. Last year we also successfully hosted four international games,

including a semifinal match in the 2016 Asian Cup. We hosted teams, crews and fans of Japan, Palestine, Oman,

Kuwait, United Arab Emirates and Iraq. In 2013 Newcastle hosted the Special Olympics Asia Pacific Games and

the opening ceremony was held at Hunter Stadium.

Newcastle has become the alternative city to host large-scale events in New South Wales with its

proximity to Sydney and its ability to provide world-class facilities and amenities. Newcastle accepted the

challenge of hosting the Asian Cup semifinal and succeeded in proving it is a city that can easily handle hosting

world-class events. Hunter Stadium quickly sold out for the semifinal. We could have sold more tickets had the

organisers allowed for punters to buy tickets to the non-seated, grassed hill area of the stadium behind the goals,

which is a favoured spot among Novocastrians when watching the Newcastle Knights or Newcastle Jets play their

home games. In a poll published by the Newcastle Herald that asked should fans be able to buy tickets to sit on

the hills during the Asian Cup semifinal at Hunter Stadium, 95.73 per cent of respondents voted a resounding yes.


This issue could be resolved should the redevelopment of Hunter Stadium under the Broadmeadow Sports Precinct

Plan be approved and implemented.

The Newcastle police were well prepared for the Asian Cup games at the stadium, proving that we have

the capacity to take care of security and that fans can feel safe in the city during these large events. Newcastle

City Council also supported the event by offering off-site venues for fans to visit when not attending the matches.

The Asian Football Confederation [AFC] Asian Cup Fan Park and AFC Asian Cup Fan Dome at Harbour Square

along the city's famous Honeysuckle precinct were well frequented by tourists and locals alike. Those locations

offered viewings of all matches played outside of Newcastle on big screens at the Dockyard Live site. The tourism

sector in the Hunter will also receive a massive boost when events such as the Special Olympics and the Asian

Cup come to Newcastle. The games attract large supporter numbers, meaning big money for accommodation

providers that will spin off to Newcastle and the Hunter Valley. So, with the facilities, the tourism and hospitality

sector, and local government areas that are experienced and capable of handling large tourist numbers, why hold

back in offering Newcastle the game? Bring it on. Bring the World Cup Qualifier to Newcastle.

MACINTYRE WARRIORS RUGBY LEAGUE FOOTBALL CLUB

Mr ADAM MARSHALL (Northern Tablelands) (17:41): Tonight I share with the House an inspiring

story that is still being written. It all started over the border in cane toad territory and continues in the mighty little

communities of Boggabilla and Toomelah, which is squarely in Blues country. This is a story of the mighty

Macintyre Warriors rugby league football team. Peter Rice, a bloke in Goondiwindi, is a small business owner in

the retail game. Peter gets things done and, my word, has he been getting things moving in Boggabilla and

Toomelah. In November last year a letter from Peter crossed my desk. He wrote with great enthusiasm about the

rebirth of rugby league in the remote communities of Boggabilla and Toomelah in the far north of my electorate.

They are great little communities, but they are struggling as are many small communities in country New South

Wales.

Peter painted a picture of huge energy and commitment to get the rugby league team back on to the

paddock, competing in group 19 alongside teams such as the Inverell Hawks, the Tingha Tigers, the Guyra Spuds,

the Moree Boars, the Ashford Roosters and the Moree Boomerangs. "Maybe even in two grades", he enthused.

The playing ground at Boggabilla was unused. Burrs infested the turf and there were few facilities to go with it.

There were pretty much none, apart from a serviceable watering system. Peter and his small team of supporters

saw glory writ large. They started a grassroots campaign. There were working bees to prepare the surface of

grounds. Moree Plains Shire Council kicked in $3,000 to help the club with start-up costs and Premier Mike Baird

also stepped up for a kick, granting a one-off funding payment of $5,000.

Mr Premier, the corporate box, consisting of a fold-out chair, awaits you should you find yourself in

Boggabilla on game day. The money was used to purchase a secure shipping container so that the sporting gear

could be safely stored on the site of the grounds. The club and community working bee attracted loads of help

from the Boggabilla and Toomelah communities. By the end of March the home of the mighty MacIntyre Warriors

was ready to go. Interest was overwhelming, and as the Group 19 season got underway recently the Warriors

fielded teams in not two but three grades—first grade and reserves, and a women's team. Signings have closed for

the year, and the club easily fields three teams, with the reserves' training night easily attracting more than 100

participants each week.

Standing alongside Peter Rice, and responsible for much of the club's success, is the hardworking

committee—Tony Patterson, Andrew Williams, Rachel Holmes and Ashley Jarrett. The committee includes

David McGrady, a 24-year-old powerhouse. David has also taken on the mantle of captain and coach of the mighty

Warriors. The committee has not stopped there. The club has had a vision to build a fence around its grounds to

enable it to charge an entry fee and in order to make the place look like a real football field. The club considered

that Sport and Recreation funding might fit the bill, so an application was submitted and fingers promptly crossed.

I was thrilled to learn late yesterday that the club had been successful in its application, and secured the

$25,000 required for the installation of the fence.

I believe that after I made a phone call to Peter, informing him of the news—the sort of phone call

members of Parliament love to make—he was straight onto the computer getting quotes for his latest project. I am

truly excited for the team and the progress and success they are enjoying as a club, and the success of both

communities. After two wins and one draw already in the Group 19 season the first-grade team sits in second

place on the ladder, one point behind the Inverell Hawks, a team which they play this weekend. The reserves have

enjoyed two wins and copped one loss. While the women's team remains winless so far, that team is learning the

ropes very quickly. I expect that, with the 18 players ready to run on, the tables will soon turn for them.

Almost every player in the MacIntyre Warriors is Aboriginal. Every player paid his or her registration.

Every player turns up for training. Training nights have a carnival atmosphere, with families coming along, mixing


in and cheering on the teams as they train. On game day there is an even better atmosphere. The Moree

Boomerangs have stepped in to help with the jerseys. The warriors are yet to play a home game because the

finishing touches are being made to their field, but I am sure that you will need to arrive early for that first home

game if you wish to get a good position. I am thrilled for the MacIntyre Warriors and I wish them good luck for

the rest of the season.

Mr ANDREW GEE (Orange) (17:47): I congratulate the hardworking member for Northern

Tablelands on bringing to the attention of the House the exploits of the MacIntyre Warriors and their efforts to

bring rugby league back to Boggabilla. I congratulate the communities of Boggabilla and Toomelah on their hard

work. It was wonderful to hear how the Warriors had lit up the Group 19 competition against their new rivals the

Tingha Tigers and the Guyra Spuds. I have to add that I am also a fan of the Maitland Pumpkin Pickers. I say well

done to Peter and his committee—Tony, Andrew, Rachel, Ashley and David. We wish the MacIntyre Warriors

all the best for the season. It is great to hear about a community coming together to bring this great team back into

the Group 19 competition. I congratulate the member for Northern Tablelands on sharing this with the House, and

on his efforts to help improve the Group 19 competition.

TERRIGAL WAMBERAL RSL SUB-BRANCH ANZAC DAY DAWN SERVICE

Mr ADAM CROUCH (Terrigal) (17:48): Last week on Anzac Day I was given the honour of speaking

at the Terrigal Wamberal RSL Anzac Day Dawn Service, which was held on the Terrigal beachfront. The event

was organised again in exquisite fashion by the Terrigal Wamberal RSL Sub-Branch led by President Peter Wyllie

and his board. More than 5,000 people gathered in the pre-dawn on the Terrigal Esplanade and spilled out onto

the beachfront and onto shop roofs to listen to the beautiful voices of the Central Coast Children's Choir. I was

given the great privilege of delivering the introduction this year, the words of which I would like to share. I said:

One hundred years ago the Australian and New Zealand forces were deployed on the Western Front in France. Having left the

horrors of Gallipoli they probably had expectations of—if it could be said—a better war in France. If they did, they were sadly

mistaken, for the conflict in France proved more destructive, even more awful and demanding than Gallipoli had been.

In 1916, 100 years ago this year, the ANZACS would be involved in the Battle of Pozieres, an area described by Cyril Bean as

being "more densely sown with Australian sacrifice than any other place on earth". Initially the battle involved the 1st Australian

Division, who successfully captured their objective, only to then be subjected to a bombardment from the Germans, who

concentrated their artillery on the Australian position.

The Australians in turn requested support, and the artillery of no less than four corps—that is some eight to 12 divisions—opened

fire on the Germans. This, the Germans determined, was an indication that the Australians were about to attack, so they in turn

increased their already intensive artillery fire. When they withdrew from the line the 1st Division were described by EJ Rule as

"They looked like men who had been in hell … drawn and haggard and so dazed that they appeared to be walking in a dream, and

their eyes looked glassy and starey."

The Australia 2nd and 4th Divisions entered the battle, and they, too, were subjected to massive and intensive artillery

bombardments from relentless German artillery. In just 15 days the Australians had lost 22,900 men—almost 8,000 from each

division. One of those men who gave the ultimate sacrifice, Cecil Carrington Wamsley, from Ourimbah, has been the focal person

in this year's Anzac poppy display on The Skillion in Terrigal.

That event made the national news as 70,000 paper poppies were installed by the residents of the Central Coast

up The Skillion, spelling out the word "Anzac". My speech continued:

The word "Pozieres" became synonymous in Australia with loss and suffering, and today you see this word used on street signs

and memorials as a tribute to those that experienced the horror that was Pozieres.

Later on the morning of Anzac Day I represented the State Government at my second service at Pine Needles

Retirement Village at Erina. I was warmly welcomed by the residents who organised this year's event. The service

took place within a beautifully gardened complex, and the local residents and their friends filled the Pine Needles

community hall to capacity to hear the Gosford Salvation Army band and the Anzac poem recited by students

from Erina High School. It was truly an honour to read the Ode to the Fallen before several hundred guests on

such an emotional morning.

Later in the day I attended the Empire Bay Anzac Day service organised by the Empire Bay and District

Progress Association. This special event commemorated Anzac Day at the Empire Bay cenotaph in the centre of

the village square. The local residents and their friends and relatives gathered in silence and en masse to hear the

reading of scriptures and prayers from their President Geoff Melville and Salvation Army Captain Ralph Sawyer.

In typical Central Coast fashion the day concluded with my wife, Jill, and I attending the Anzac Day sunset service

at the beautiful MacMasters Beach Surf Life Saving Club. This year marked their tenth anniversary service.

Attendance at that service has grown over the years from 10 people to hundreds. The service was organised by

the members of the surf life saving club.

We witnessed the sun going down as we heard the beautiful words of the ode delivered by Alec Lee, a

life member of the MacMasters Beach Surf Life Saving Club. It was truly inspiring throughout the day to see the

number of school children who attended the services. They were respectful and keenly interested in our history


and in understanding the meaning of Anzac Day. I have no doubt, given the interest shown by young people on

the Central Coast, that the future of Anzac Day is safe in their hands. There is nothing more moving than being at

Terrigal Beach when the surf boats row in while the diggers, in uniform, carry wreaths. Although there were

5,500 people attending one could have heard a pin drop. Every year the attendance grows. I pay full credit to the

Terrigal Wamberal RSL for their contribution this year.

PARLIAMENTARY DELEGATION TO LEBANON

Ms JULIA FINN (Granville) (17:53): I recently travelled to Lebanon as part of a delegation led by

Opposition Leader Luke Foley and I thank to the communities that hosted us. The regions of El Dunnieh,

Al Miniah, Zgrata and the villages of the Kadisha valley were the birthplaces of many of Sydney's Lebanese

community and those links remain strong. We met with many politicians and religious leaders but the visits to

communities were the highlight of a thoroughly informative and engaging visit. Omar Yassine and the El Dunnieh

Association welcomed us warmly and loudly, with hundreds of people joining us for breakfast, followed by an

even larger reception at El Minieh organised by Mustafa Hamed.

It was a delight to attend Mass in Hadchit with the local community and to visit the home of St Charbel.

Hundreds of families from the villages of the beautiful and holy Kadisha valley live in the Granville electorate

and I have long wanted to visit. I returned a few days later to meet the Mayor of Kfarsghab, Ghassan Samia at

Mohr Kfarsghab, the village where Kfarsghabis spend winter and which is Lebanon's largest olive oil producer.

I was made to feel especially welcome—the bond with Kfarsghab is very strong. A street in Kfarsghab is named

Parramatta Road and over 15,000 descendants of settlers from Kfarsghab live in Australia, mostly around

Parramatta and Granville, far outnumbering Kfarsghab's population of 1000.

I also had the pleasure of meeting the Mayor of Blouza, John Maroun. Similar to Kfarsghab, there are

more people from Blouza in Sydney than in Blouza itself, around 5,000 who mainly live in Granville and

Parramatta. It was also a great opportunity to visit the famous Cedars of Lebanon and the stunning snowfields

near Bsharre. Another highlight was the delightful community reception further north in Akkar, organised by

Fayez Osman, and the visits to their hospital and a local school. In addition to those I've mentioned, I'd also like

to thank Clovis Batti, Ray Haddad, Louis Wehbe and Imad Eltenn for assisting with my visit.

Far more confronting but equally rewarding were my visits to Palestinian and Syrian refugee camps.

Lebanon currently hosts two million refugees alongside the Lebanese population of only four million. The

500,000 Palestinians who have been in Lebanon for up to 68 years have been joined by 1.5 million Syrian refugees

in the last five years. Refugees in Lebanon have very few rights and live in difficult circumstances. They are

ineligible for citizenship and formal work rights. Many are in camps however among the Syrian refugees, many

more are living in the community and really struggling. Kfarsghab for example is hosting 300 refugees alongside

their population of 1000—the itinerant farm workers who used to visit every year to harvest apples and olives

bought their families and stayed once war broke out.

The Bourj el Barajneh camp in Beirut is one of the largest and longest operating camps, dating back to

1948 and accommodating 37,000 Palestinian refugees in less than one square km. Conditions are very challenging

and overcrowded, with the construction, wiring and water supply all of a poor standard, reflecting the supposedly

temporary nature of the camp. Shaoquett Moselmane and I were hosted by Olfat Mahmoud of the Women's

Humanitarian Organisation. Olfat is regarded as a hero within the Palestinian community, as a leader now and

previously for the support she provided many others during and after the massacre at Sabra and Shatilla in 1982.

We heard about the challenges facing camp residents, including recent cuts in funding from international

donors, with funding being transferred to assist Syrian refugees instead. This is threatening education and

healthcare. Until recently, if a camp resident was diagnosed with cancer, funding was available for half the cost

of chemotherapy and other treatments—that funding is no longer available. If someone is diagnosed with cancer,

even if their prognosis is good, they won't receive treatment unless an alternative funding source is found. Another

challenge is resisting extremism when young people in the camp have so few opportunities. Many young people

are unemployed, even university graduates. Of those that are working, most are paid poorly reflecting their lack

of formal work rights.

I also visited a Syrian refugee camp in Zahle in the Bekaa valley managed by the Melkite Diocese and

I thank Bishop Darwiche for facilitating this. The conditions were very different but equally concerning. The

small camp hosts around 200 people in 35 tents and unlike Bourj el Barajneh, it has enough space for children to

run around and the Member for Lakemba and I enjoyed playing soccer with them. The camp is really hot in

summer, freezing cold in winter and has limited services. On the day we visited, the residents told us that safe

drinking water hadn't been delivered for two days. They have access to a stream, but this is contaminated by

sewerage runoff and is not safe to drink, however for people with no money, it is their only water source.


The Diocese provides food to Syrian refugees living in the community through an open kitchen in the

town centre. Each day they feed hundreds of refugees and as of this week, they also provide one meal a day to the

school children at the camp. To see these conditions is to wonder where the 12,000 Syrian refugees that Australia

promised to accept are and what conditions they are living in—as of 1 April only 187 Syrian refugees have arrived.

Surely we can do better than this. If Lebanon can accomodate1.5 million Syrian refugees, surely countries like

Australia can resettle more than just 187, and we can do more to assist Lebanon, the UN agencies and non-

government organisations that are helping the refugees every day. The conditions for refugees at both camps were

really confronting but at the same time, seeing the work being done to support them by Olfat Mahmoud at Bourj

el Barajneh and by the Melkite Diocese in Zahle was really inspiring. We can and should follow their example

and do more to help.

TEMPORARY SPEAKER (Ms Anna Watson): It is with great pleasure that, pursuant to the

resolution of the House, business is interrupted for the presentation of Linda Burney's valedictory speech.

Members

MS LINDA BURNEY, MEMBER FOR CANTERBURY

Valedictories

TEMPORARY SPEAKER (Ms Anna Watson): It is my great pleasure to welcome the guests in the

gallery tonight who are here to listen to the valedictory speech of the wonderful Linda Burney. I am very pleased

to be in the chair tonight to hear Ms Burney. I am sure we will all be very pleased to hear what she has to say.

Ms LINDA BURNEY (Canterbury) (17:59): Ballumb Ambul Eoragu yindamarra. Ngadu-yirra bang

marang. Ngadhu yalughu winhanga-nha nulabang nguwandang ngadhi murrugay, murruban yarra. Ngadhu biyapg

yuganha. I say in Wiradjuri:

I pay respect to the ancient Eora. I say this, good day. I remember my first speech many years, a long time ago. I am deeply moved.

To the Gadigal people, the traditional owners of Canterbury; to my ancestors, the mighty Wiradjuri; and to the

more than 300 Aboriginal sovereign nations that occupy the Australian continent and whose sovereignty was

never ceded, I also pay my respects. Today I offer my final contribution to this Chamber and this Parliament after

13 years as the member for Canterbury. This cloak I bring into the Chamber tonight, created by my Wiradjuri

sister Lynette Riley, tells my story through my clan and personal totems of the white cockatoo and the goanna. It

also tells the story of the Wiradjuri. It breathes strength and resilience into your heart and soul. I also bring this

carved staff, a gift to me from Uncle Greg, brought in by the member for Mount Druitt. It is significant to me

because I started my teaching career out in Mount Druitt at Lethbridge Park.

My time here has been a great adventure, one I hope to continue into the Federal Parliament as the

member for Barton. I am truly touched to see so many familiar faces in the gallery: colleagues past and present,

family and friends, citizens of Canterbury and Barton, and many fellow travellers—members of the Government,

members of the caucus, parliamentary staff and media. I suspect some in this Chamber are here just to make sure

I am actually leaving! There is no acrimony, no back story. I leave with great sadness and anticipation, but in the

knowledge that it was time. It was humbling to serve as a parliamentary secretary and then Minister in a Labor

Government and to serve as my party's Deputy Leader in Opposition.

But, more than for any other role I have played in this place, it has been nothing short of a privilege to

serve the people of Canterbury and New South Wales. I have woken every morning proud to do so. Canterbury is

one of the most vibrant and diverse electorates in our State and probably our country. It stands today as a shining

example of modern multicultural Australia and is a living breathing rebuttal of the arguments of some in favour

of a return to a mythic, isolated, monocultural, white Australia. There has been not one day go by in my

parliamentary career that I have not reminded myself of what it means to carry the hopes and aspirations of people,

many thousands of people, into this place.

I have come truly to understand what it means to be a representative. Politicians often talk about the

privilege of serving often, but it is hard to express in more sincere terms. I cannot help but be touched by the

stories of people who come into our electorate offices such as the elderly Greek couple who are worried about

how their disabled son will be cared for when they pass away. This is a story that had great resonance with me

personally. There are also the countless and increasing numbers of homeless people who walk through the

electorate office door each week and the beaten women, isolated and frightened. They are often very broken.

Then there are the uplifting performances of children in local schools filled with promise for the future

or the ever growing, proud and optimistic ethnic communities we encounter at every event we attend. Indeed, we

are privileged. These are the stories that matter the most. In my inaugural speech I told members that the blood

runs blue and white in Canterbury—I speak, of course, of the Bulldogs. We won the Grand Final that year, and


here is hoping that these momentous speeches of mine are good luck for Des and his team this year. It is more

remarkable to me that the emotions I expressed on Tuesday 6 May 2003 are the same this evening as they were

then. I told this House then:

I am awash with many emotions: in debt and empowered by the generosity; reinforced and reminded of the importance of loyalty;

tremulous about the responsibility of our role as law makers and the effects of those laws; humbled to be afforded the task of

representing many thousands of people; grateful, wanting desperately to do a good job and slightly stunned that I am actually in

this place.

I can only add that I am slightly stunned I am leaving! Twelve years, 11 months and 28 days ago in my inaugural

speech to this Chamber I also pointed to the inspiration I drew from To Kill a Mockingbird by Harper Lee. In it

Atticus says to Scout, speaking of Beau Radley:

You never really understand a person until you consider things from his point of view, until you kind of climb into his skin and

walk around in it.

I have come to the conclusion that we cannot do our job in this place without this understanding. I have learnt that

to be a good politician is not always easy. It requires good judgement, courage, intelligence, pragmatism and

decisiveness, but most of all it requires empathy at your very core. Without the capacity to feel and see the world

from some else's reality, your role as a lawmaker is diminished. I hope I have always done that to the best of my

ability. In the words of Maya Angelou:

I think we all have empathy. We may not have enough courage to display it.

We all need that courage. It is traditional in these things to offer a list of your achievements in your time serving,

but none of what I have done would have been possible without the support of those around me. No achievement

is yours alone. I have always said, when we speak in this place as members or Ministers, we are standing on

foundations built by staff, friends, family and departments—we are always resting on the shoulders of others.

I have held what feels like countless roles in this place—Parliamentary Secretary, Minister, shadow Minister and

backbencher—I will not go through the list. But I will note those events and actions of which I am most proud,

although the list is not exhaustive.

As Minister for Fair Trading I oversaw the reform of the Residential Tenancies Act, which seemed never

to end. We streamlined regulations and improved protections for tenants. We also made the Consumer, Trader

and Tenancy Tribunal faster and easier to access to give people recourse when they needed it. Fair Trading was

an amazing agency to work with, and I acknowledge its devoted, hardworking and diligent staff. This work was

aided by Lyn Baker, the inveterate commissioner of the department at the time, who was followed by the equally

committed Rod Stowe. And, we did the infamous "dangerous toys" story every Christmas.

In in the state of Pennsylvania in the United States, they say you can tell whether the spring will arrive

early by the weather when the groundhog emerges from its burrow. Well, in New South Wales you can predict

the beginning of the Christmas season when the Minister for Fair Trading appears on the nightly news in

Toys R Us However predictable I am glad that we did these stories, because we prevented countless injuries or

worse. I am forever grateful that I will never have to go to the show bag section of the Royal Easter Show again.

It was as Minister for Family and Community Services that I believe my most important work was done.

The reforms undertaken by the Labor Government led by Nathan Rees were historic. The hard work of the

departments involved, including Jenny Mason at Human Services and Annette Gallard at Community Services,

in addition to the tireless work of my long-serving Chief of Staff Leigh McLaughlin and our fabulous staff, led to

an overhaul of government culture, departmental systems and regulation of child protection. I named these reforms

"Keep Them Safe", and I came up with the name on my own, following Justice James Wood's special commission

of inquiry into child protection. The name of these reforms did not follow exhaustive public relations [PR]

consultations or focus groups. It may not be the most imaginative of titles but keeping them safe was the thought

at the forefront of our minds in designing them. Margo Delaney, my Executive Assistant at the time, has become

a close friend and deserves special mention for making sure I was at every meeting, every briefing and every

forum on these reforms—often despite my protests! Keep Them Safe represented almost $1 billion in additional

investment in child protection and a massive cultural shift with a focus on early intervention across government.

We have the capacity to achieve immense good from this building, but our failings can and do have real

world impacts. I saw this everyday as Minister for Family and Community Services charged with child protective

services in this State. In my time we also saw the first increase in funding to neighbourhood centres in decades,

thanks to a long-running and steadfast guerrilla campaign by my caucus colleagues—and this is one of my

favourite stories. Week in and week out at every caucus meeting at least one member, and possibly two members,

spoke to the need for funding. Finally, the Treasurer at the time, one Eric Roozendaal, threw up his hands, relented

and said, "Okay, Linda, you win!" I am told he is still recovering.


I also mention the Tackling Violence program, started during my time as Minister for Women, and

Minister for Community Services. This program is small in its budget impact, but I cannot stress how proud I am

of it. The program's aim is teaching young men, particularly in communities with high Aboriginal populations,

about domestic violence and creating a culture that does not accept violence against women through the universal

language of Rugby League. It has been alarming to see Federal and State governments cut funding and support to

domestic violence programs despite their rhetoric. The Apology to the Forgotten Australians also stands out as a

significant moment.

Our role in this place is as much to make and debate laws as it is to accept responsibility for the hurtful

and wrong actions this institution has permitted in the past. As Minister, my role in the debate around same-sex

adoption in New South Wales was important. With the support of Premier Kristina Keneally this bill, introduced

by Clover Moore, who deserves considerable congratulations, was passed. It was a truly decent decision by the

people of this Parliament. Of course, we also had to make tough decisions in this area, some of which led to

controversy. I speak of decisions around surrogacy laws. But I stand by the work of the Labor Government and

my decisions on this challenging issue. Some in the gallery know how challenging that work was. There is more

work to be done here, and I will be an active participant in the equal marriage debate in the Federal Parliament. It

is inevitable and it must happen.

As for Canterbury, the privilege has always been mine and any achievements have only ever been made

with the cooperation and support of the community and the council. I thank Mayor Brian Robson, who is in the

gallery tonight. Many hundreds of thousands were spent on community infrastructure, including countless

upgrades to sports fields, community meeting places and schools; increased resources for Canterbury hospital; a

new state-of-the-art local area command at Campsie; an overhead pedestrian bridge on Canterbury Road; and, of

course, the restoration, at least in part, of the Cooks River.

My time in this place has been shaped, though not defined, by my Aboriginality. I am proud of this fact.

Despite the jibes that have been thrown at me from those inside and outside this building any achievements of

mine were not handed to me. I earned them. I have been heartened to help create some change for our State's First

Peoples. I was enormously proud to have been a part of the Government in this State that recognised First Peoples

in the New South Wales State Constitution. It is a symbol, such as the flag hanging in this Chamber and that we

start the day not only with the prayer but an acknowledgement of country. I said at the time this bill was introduced

that it was a necessary part of our State's coming of age—that as a State we needed to acknowledge, understand

and embrace our history.

I am glad we did it and I thank Paul Lynch for his leadership as the then Minister. I will be a part of the

debate when a Federal Labor government does the same thing for our nation's Constitution, and I note that there

is a bipartisan commitment to do so. I am also proud to have overseen the legislation of the Aboriginal Placement

Principle for children removed from their homes. Aboriginal children deserve to know their culture and we cannot

perpetuate the sins of the past. In my inaugural speech I told the House that the core issue for Aboriginal Affairs

was to work in partnership with Aboriginal communities, and that the imperative was education. The current state

of Aboriginal Affairs has been particularly distressing. Paternalism seems increasingly to be today's approach.

Breaking the cycle of poverty that pervades disadvantaged communities remains the fundamental task of this

institution and everyone in it. It is the moral responsibility of us all in this building to leave this State a better

place for our service. [Extension of time]

I think I have done that. In writing this speech I reflected on the themes that defined my time in State

politics, and perhaps life so far. In reviewing the many speeches, lectures and letters it became very clear that

three themes emerged: the need for empathy, of which I have already spoken, and the dual imperatives of truth

telling and that fundamental Labor principal, equity. I have learnt that to be a good politician is not always easy.

It is easy in this place to sit back and ignore what is right when we know that the actions of our State are wrong.

It is not our role to acquiesce to the easy path of least resistance in the face of bureaucracies, our parties and

political expediency.

The standing of politicians has diminished in the eyes of the public and we hold the collective

responsibility for that. I have experienced the 24-hour news cycle. It is true that it makes it difficult for politicians

to avoid reactionary policy changes but in the twenty-first century this trend will not disappear. It is a matter for

us to resist this temptation. You know, people do not expect too much: they want to be listened to, they want a

role in how we build our communities and they want to know we care about them and their family's future. They

do not mind if we use the word love. A government cannot be measured by the number of cranes in the sky; it has

to be measured by the impact it has on people's lives. This is about equity. Every family, every child and every

voter deserves a voice and the opportunity to be the best that they can be. These are Labor values and I have been

proud to fight for them and will be prouder still to continue doing so.


Of truth telling I offer a few reflections: as a nation we have recently come together to observe Anzac

Day. It is an important day commemorating the sacrifice made by many Australians in the great conflicts of our

age. It is time that we speak also of the wars fought on Australian soil. There are dear friends and family in the

Chamber whose families served this country. The two Wiradjuri wars, and the many others, have stained the dirt

across this great continent with the blood of First Peoples. The Wiradjuri, led by the mighty leader, Windradyne,

saw two-thirds of our people wiped out in just a few months through martial law in the Bathurst area. Today the

Minister and shadow Minister both spoke of the Appin Massacre. There were countless others. The history of

these conflicts is not well kept—if not deliberately to avoid discussion of a difficult topic, then perhaps through a

kind of wilful blindness.

What we do know is that at least 20, 000 Aboriginal men, women and children died in these wars of

resistance. No member in this place represents an electorate that was not the site of some fierce battle or massacre.

One day I want to see these conflicts remembered in our national war memorial in Canberra along with the other

conflicts our nation has been involved in on foreign soils. This, my dear friends, would really be truth telling.

I have always sought to conduct myself in this building in a respectful way. Although, Madam Temporary Speaker

Watson, you may have noticed I have made some exceptions for question time! Manners are free and kindness

costs nothing. I do not think everyone has liked me but I think most have respected me because I treated them

with respect.

I have tried as far as I could to act with grace. This lesson was taught to me by my great aunt and uncle,

Nina and Billy Lang. I am forever in their debt for the great lessons that they taught me. They taught me that there

is always someone worse off, and that has been a lesson that has served me particularly well. From them I also

inherited my pragmatism. From my feminist friend, Wendy McCarthy, I learnt to grasp opportunities with both

hands. So I am. I entered this building on my own terms and I am pleased to say that I will be exiting it in much

the same fashion. Thirteen years is a long time and there are too many thanks to deliver. I cannot mention everyone

but you all have a place in my heart. I am indebted to the hard work and loyalty of so many.

To my dear friends and former colleagues who are unable to attend tonight, Carmel Tebbutt and Verity

Firth, your enduring friendship has been appreciated. Anthony Albanese gets a special mention as my political

mentor, as does Meredith Bergman. To the General Secretary of the great NSW Labor Party, Kaila Murnain, thank

you for believing in me and working with all Labor women to help break that glass ceiling. To my ministerial

staff, led over the years by Leigh McLaughlin, I cannot name you all but I thank you for your hard work and long

hours. It was not unappreciated, even though I know you must have felt that way sometimes. You are all stars that

continue to shine in my life.

To the staff of the Parliament, you make this place work and none of you get the recognition you deserve.

I say thank you to you all. I walked the halls today and spoke to as many people as possible. People often forget

your drivers when in government or as a Minister. I want to mention Joe and Gary. Your discretion during difficult

days, spending time at hospitals, will not be forgotten. To the Government and the Premier, the adversarial nature

of this place belies friendships across the Chamber. I have appreciated your decency, and mostly appreciated

everyone else's. Thank you for coming tonight.

To all the Opposition staff, from the leader's office to the electorate offices and on level 11: you are

underresourced and work under considerable pressure. You are an amazing group of individuals and a fantastic

team. Thank you for supporting me and all of our Labor colleagues. I wish to make a special mention of Lee Belia.

I have appreciated your patience in helping schedule a very busy life and for your calmness; it has helped. Thank

you, Jaqui, for helping with this task. I will not name other people individually but you are brilliant and you

deserve every accolade possible.

To the office staff I have had over the past 13 years—Ross, Di, Fran, Janice, Maritsa, Millie and

Rheuben—thank you. I hope I have not forgotten anyone. Canterbury has been well served by your diligence and

compassion. I reserve a special mention for Maria Pasten, who has given 27 years of service to Canterbury and

who is an institution to the constituents. It is does not seem fair that I get to make a speech after 13 years

representing Canterbury but that you do not having given 27 years of service. You have been endlessly loyal and

ever present and I cannot thank you enough.

I now turn to the leaders and Premiers whom I have had the pleasure of serving. I thank Bob Carr for

teaching me how to write and to deliver a speech. I thank Morris lemma for my first promotion and his quiet

leadership. I also thank Nathan Rees, who is here this evening, for the trust that he placed in me and for political

bravery, not to mention his wicked sense of humour. I thank Kristina Keneally for her energy in the face of

relentless opposition. During that 2011 election campaign she got us out of bed every day. I thank John Robertson,

who is also here this evening. In the early days in opposition in 2011 he likened our position to that of an underdog

in the footy grand final. Well, we certainly were up against it at times, but with him as leader we always played

to win. Thank you.


I thank Luke Foley for his intellectual and considered leadership over the past two years. It has been a

great honour to serve with him. He is so smart. These things are an asset in opposition and it will be one in the

Premier's office when he takes that role—and I am sure he will. I have one parting request for Luke and caucus:

please maintain your commitments to Memel and to an Aboriginal cultural centre at Barangaroo. They are

fantastic policies of which you should be proud. To my caucus—who sit around me—Cabinet and shadow Cabinet

colleagues, thank you for your friendship, dedication and support. I thank the caucus in particular. Your electorates

and this State are all well served. You are all fine people. It has been an honour to be a member of the caucus with

you all. I thank Rose Jackson and John Grahame at head office. I have appreciated their endless advocacy and

values. They have my thanks for helping to keep that light burning bright on the hill.

I thank the members of the Canterbury Labor Party for their support. It has been awe inspiring. Kevin

Moss's counsel as former member has been most welcome. I acknowledge the family of the late John Gorrie. He

will be missed. His last public act, as ill as he was, was to hand out how-to-vote cards for me at the last election.

He is an exemplar of the generosity of our Labor members. I have a group of women friends here tonight. I would

not be standing straight here if it had not been for their support. It is an eclectic and wonderful group of women.

I thank the fierce warrior Kaye. I thank my long-term friend Juno. I thank Lynette Riley, my cultural sister and a

tough and wonderful aunty to my kids. I thank Anne, Janet, Binna, Robin, Janice, Nigel and others—I cannot

name you all; you know who you are. Thank you for helping me to become the person I am. I thank Mark and

many others from the unions who are here tonight. You are the people of this place.

My two children, Willurai and Binni, cannot be here this evening. Their sacrifice has been the greatest

of all. I am proud of you both, and I love you with a fierceness that will never wain. I spoke to Willurai just before

I came into the Chamber to make this speech. We do not agree on politics and I will not reveal how she votes.

She said, "I haven't said it enough, Mum, but I am proud of you and I love you. " I hope I have made my children

proud. In my inaugural speech I thanked my late partner, Rick Farley, for his help in my first election campaign.

His advice is missed every day. He is missed every day. It is 10 years this Mothers' Day since his passing. I still

feel that loss acutely and the upcoming Federal election campaign will not be the same without him. I hope he is

proud of me and I will have a yarn to him later.

In my inaugural speech I also recalled the story of some advice given to me by Bill O'Rielly, a well-

respected local branch member. Bill could not be here tonight, but his advice is with me even now. He said, "Girl,

don't you change". That advice became something of a touchstone for me in this place. I hope I have not. I also

promised the people of Canterbury two things: that I would work hard and that I would always do my best. I hope

I have. Just a couple of weeks ago I was speaking to a senior and esteemed man from Moree, Tomo French. He

said to me when we spoke of my tilt at Federal politics, "Don't you ever forget where you come from." Tom, I say

to you and all the mob at Moree—who I know are watching this online—I will never forget where I come from.

I will conclude as I began with some inspiration gathered from To Kill a Mockingbird. Atticus, in the knowledge

that justice does not always prevail, says to Scout and Jem:

When summer comes you'll have to keep your head about worse things…it's not fair for you and Jem, I know that, but sometimes

we have to make the best of things, and the way we conduct ourselves when the chips are down—well, all I can say is when you

and Jem are grown, maybe you'll look back on this with some compassion and some feeling that I didn't let you down.

I say to the people of New South Wales, to the people of Canterbury, to the First Peoples, to this Parliament, to

the Labor Party, to my many colleagues and friends across the political spectrum, and to my family: I hope I did

not let you down.

TEMPORARY SPEAKER (Ms Anna Watson): I take this opportunity to welcome former Premier

Nathan Rees to the House tonight. It is great to have you here, Nathan. Linda, you have generated so much pride

within our party and so much pride within this place. Your legacy will surely live on. Congratulations. Private

members' statements having concluded, the House will now consider the matter of public importance.

Matter of Public Importance

HEART WEEK

Mr GEOFF PROVEST (Tweed) (18:37): It is a pleasure to note as a matter of public importance: the

Heart Foundation's Heart Week. Heart Week shines a spotlight on Australia's heart health and runs from 1 to 7

May. Every year 55,000 Australians have a heart attack. For one in three of those people it is not their first heart

attack. The Heart Foundation plays a critical role in not only raising the community's awareness and assisting

people with cardiovascular disease but also funding world-class cardiovascular research and developing

guidelines for health professionals.

The theme for Heart Week 2016 is cardiac rehabilitation and how it can help people get back on their

feet and return to an active and satisfying life. Cardiac rehabilitation helps a person to learn more about their heart

condition and treatment, how to get back to their usual activities, how they may need to change their lifestyle to


improve their health, how to manage their medications and, most importantly, how to stop smoking. Smoking is

one of the largest contributing factors in heart attacks. Cardiac rehabilitation will save the life of one in four heart

attack survivors, but research shows that only 38 per cent say they were advised to attend cardiac rehabilitation

by hospital staff.

Simply recommending cardiac rehabilitation can help prevent someone from having another heart attack

but many people are not referred to or do not attend the program, leaving them at greater risk of having another

heart attack. Patients who participate in cardiac rehabilitation programs are 40 per cent less likely to be readmitted

to hospital within 12 months and 25 per cent less likely to die from another heart attack. Heart Week will focus

on the importance of attending cardiac rehabilitation as the first step on the road to recovery and to support heart

attack survivors and their families on the road to recovery. The Heart Foundation will launch its heart attack

survivors' portal later this year. It will provide information on topics such as "When do you expect to get home?"

"How you may be feeling," and "How you can go to see a GP."

Heart disease and heart attacks are the biggest killers of women in Australia. The Heart Foundation has

launched Go Red for Women, which is specifically designed to create awareness of heart disease among women

and also the importance of a healthy lifestyle and what to do if they suffer a heart attack. Cardiovascular disease

includes diseases of the heart and blood vessels, and stroke. It is a major cause of death in Australia and claimed

the lives of 43,603 people—30 per cent of all deaths—in 2013. It kills one Australian every 12 minutes and affects

one in six Australians, or 3.7 million people.

Prevention is the best strategy. I encourage everyone to take advantage of initiatives such as the Get

Healthy service. This is a free telephone-based coaching service that gives people the support they need to make

sustained health improvements such as healthy eating, physical activity and achieving a healthy weight. The

Premier has also identified as a personal priority reducing overweight and obesity rates among children by

5 per cent over the next 10 years. The New South Wales Government has committed $16 million over the next

four years to the Get Healthy coaching service, Get Healthy at Work and Go For Fun treatment programs for

children who are above a normal, healthy weight.

I encourage everyone not to just sit around. Get up. A little bit of exercise will do you the world of good

and can prevent that heart attack. Watch what you eat. Diets are extraordinarily important. There are many choices

in the marketplace. Exercise is key, whether you are young or middle aged. My mother is 93 and she goes to a

gym—to the amazement of her grandchildren. She enjoys going to the gym. Age is no barrier to anyone. Get

healthy and stay alive for your family and your friends.

Mr NICK LALICH (Cabramatta) (18:42): I thank the member for Tweed for bringing this matter of

public importance to the Chamber. Heart Week shines a spotlight on heart-related issues in Australia. This week

is a time to remind ourselves that we need to keep healthy and to keep our hearts healthy. Heart Week runs from

1 to 7 May and this year's theme focuses on cardio rehabilitation after a heart attack. Cardiovascular disease is a

major cause of death in Australia, claiming the lives of some 43,600 people in 2013. Cardiovascular rehabilitation

can help individuals recover and return to normal life. Individuals will get advice on how to adopt and maintain a

healthy lifestyle, preventing problems in future and connecting with people in similar situations.

Programs for rehabilitation can be run in different ways and in different places, such as face to face, over the

telephone or on the internet. The Heart Foundation plays an important role by raising community awareness about

the heart and assisting people with cardiovascular disease. It also funds world-class cardiovascular research for

health professionals. The Heart Foundation website has many activities and links that show us how to look after

our hearts. People can do simple things, such as eating healthier meals instead of junk food, doing simple exercise

to keep fit, and drinking plenty of water instead of sugary drinks.

The topic of raising heart awareness is important to me. It is a little under two years since I had open- heart

surgery. Following that experience I learned to look after my heart and my diet. From the age of 15 I spent a lot

of time training in the gym, but that did not mean I would not have heart problems. About 30 years ago I found

out I had a faulty left mitral valve. I was told that I would outlive the problem, but I did not and I had to have

open -heart surgery to repair the faulty valve. I thank all the doctors and nurses at St Vincent's Hospital who

helped me. I now go to the doctor for a heart test every 12 months and I have blood tests every six to 12 months.

If I feel there is a problem, I do not muck around and say, "I will be right." I go straight to the doctor. I do not

want to be macho about it, because many men and women think they will be right and they are not. It is not worth

your life. Monitoring blood pressure is very important for your heart.

I implore all members of this House and the people of New South Wales to make sure they look after

their hearts. If our heart stops, we stop. Many people do not get a second chance. I was lucky; I went through

rehabilitation and returned to the gym to train, doing bench presses and other exercises. Despite training, people

will still have heart problems. My bodybuilding mates have said over the years that although they have trained


since they were young and taken vitamins and proteins, they have still ended up with heart problems. Because

guys have big muscles does not mean they will not have heart problems. I have known skinny people with heart

problems.

Look after your heart. Train regularly and, as the member for Tweed said, eat the right foods. Give away

salt and sugary foods. Eat fish and fruit and vegetables, and take any medication that is prescribed by medical

professionals. I do not think because I feel okay I will not bother to take my medication. I thank the member for

Tweed for bringing this matter of public importance to the House. It is an important issue that we need to discuss

and speak about openly. Heart disease is not a taboo subject. People must be made aware that heart problems can

cause problems not only for the individual but also for their families.

TEMPORARY SPEAKER (Ms Anna Watson): I am sure that all members in this House will agree

with the comments of the member for Cabramatta.

Ms ELENI PETINOS (Miranda) (18:48): Tonight I wish to talk about Heart Week. I echo the

sentiments expressed by the member for Tweed and the member for Cabramatta. Heart Week raises awareness of

heart disease and helps to improve the heart health of all Australians. It might be strange that we need a week to

emphasise heart health, but currently in New South Wales more than 50 per cent of adults and more than

20 per cent of children are overweight or obese. That issue is particularly important to me, and I raised it in my

maiden speech. As a society, we must encourage young people particularly to concentrate on their overall health

and wellbeing. As the member for Cabramatta stated, that involves a healthy lifestyle and a lot of exercise.

A healthy young generation and a healthier future generation mean that we will keep economic costs

associated with heart disease down in the future. The direct economic cost of obesity to this State is estimated at

$18 billion a year. Most people do not know that only a handful of belly fat increases our risk of heart disease and

type 2 diabetes. That fact applies to people of all body types and, as the member for Cabramatta said, skinny

people are not exempt. Cardiovascular disease was mentioned earlier by the member for Tweed. He stated that it

includes diseases of the heart and blood vessels, and stroke. It is a major cause of death in Australia and has

claimed the lives of 43,603 people in 2013, which was 30 per cent of all deaths that year. It kills one Australian

every 12 minutes and affects one in six Australians, or 3.72 million people. It is one of Australia's largest health

problems and, despite improvements over the past decades, it remains one of the biggest burdens on our economy.

What is the solution? The Government is committed to taking urgent action to arrest the alarming

prevalence of overweight and obesity in the population. The good news for everyone is that making small lifestyle

changes can make a big difference to your health. The New South Wales Make Healthy Normal campaign seeks

to generate a community-wide conversation about how overweight and obesity has become a problem and to

highlight the simple, easy and effective measures that individuals can take to improve their health behaviours.

The Make Healthy Normal campaign focuses on some of the negative behaviours and attitudes that have crept in

gradually over the years. Unfortunately, those negative behaviours and attitudes have become normal for many

people. We encourage everyone to walk whenever and wherever they can. Do not order the large size meal and

do not be too busy to play with your kids. I reiterate the sentiments of the member for Cabramatta and the member

for Tweed and encourage all members to participate in Heart Week.

Mr GEOFF PROVEST (Tweed) (18:51): In reply: It is a pleasure to reply to this important matter of

public importance, which is Heart Week. I thank the member for Miranda for her contribution and her ongoing

commitment not only to her personal health but also to the health of people in the Miranda electorate. I also thank

the member for Cabramatta for sharing with us his heart issues and the advice he received from the Heart

Foundation through rehabilitation. He looks fit. I know he cuts a fair rug at the rock and roll festivals.

Mr Ron Hoenig: The Serbian Elvis.

Mr GEOFF PROVEST: An older Elvis. The whole purpose of Heart Week is to highlight that, in many

cases, it is a preventable disease. Unfortunately, the lifestyles we lead in this era of information technology mean

we sit down for a lot of our lives. We must focus on our health. It is amazing how we can feel after morning

exercise: It sets us up for the rest of the day. Do not roll over and turn off the alarm clock. If people get out of bed

and do something they will feel a lot better. Remember that many people depend on us. When buying food at the

supermarkets or fresh food markets choose the many healthy alternatives and cook healthy recipes. Move away

from sugars and artificial flavourings.

A lot of advice is available but a lifestyle change requires self-discipline. At the end of the day we will

feel much better. Our self-esteem will improve, which will be reflected in other areas. I thank the Heart Foundation

for its ongoing campaign to raise not only public awareness but also money for heart research. The Heart

Foundation has extraordinarily good information and an incredible number of people working for it. Many

volunteers get involved, and I encourage the people of New South Wales to support them. The Heart Foundation


is making enormous steps forward in research. Cardiovascular surgeons in all hospitals do a fantastic job. I know

several of them and I am always amazed at what they are able to do with modern technology. Heart disease not

only affects older people; it also affects younger people. I urge the people of New South Wales to stay healthy

and to keep their hearts healthy.

TEMPORARY SPEAKER (Ms Anna Watson): The matter of public importance having concluded,

and in accordance with standing and sessional orders, the House now stands adjourned until Thursday 5 May 2016

at 10.00 a.m.

The House adjourned at 19:32.

Documents

Wednesday, 4 May 2016 - Parliament of NSW...Wednesday, 4 May 2016 Legislative Assembly- PROOF Page 1 LEGISLATIVE ASSEMBLY Wednesday, 4 May 2016 The SPEAKER (The Hon. Shelley Elizabeth