QUESTIONS AND ANSWERS - Parliament of NSW · 8/31/2010 · (The Questions and Answers Paper...

LEGISLATIVE COUNCIL

QUESTIONS AND

ANSWERS

No. 161

TUESDAY 31 AUGUST 2010

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

Notice given on date shown

5251PROOF

Publication of Questions Answer to be lodged by

Q & A No. 152 (Including Question Nos 4368 to 4385) 06 July 2010









Q & A No. 161 (Including Question Nos 4514 to 4527) 05 October 2010

5252Legislative Council Questions and Answers No. 161— Tuesday 31 August 2010

1 JUNE 2010(Paper No. 152)

*4368 EMERGENCY SERVICES—SAFETY OF EMERGENCY SERVICES OFFICERS AT ROADSIDE ACCIDENTS—Mrs Pavey asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Primary Industries, Minister for Emergency Services, and Minister for Rural Affairs—

(1) How many emergency services workers have been injured by oncoming vehicles while attending road accidents in each of the following years: (a) 2006?(b) 2007?(c) 2008?(d) 2009?(e) 2010 to date?

(2)(a) Have representations been made to the Government in relation to an amendment to New South

Wales road rules to apply 40km⁄h zones around any emergency vehicle with beacons operating attending an incident?

(b) If so: (i) What is the nature of these representations?(ii) What is the Government's response to these representations?

Answer— The NSW Fire Brigades, NSW Rural Fire Service and State Emergency Service have no recorded instances of personnel being injured in these circumstances from 2006 to date. In response to concerns raised by the FBEU, the NSW Fire Brigades has issued '40km⁄h – slow when lights flashing' A-frame signs for fire crews to erect when working on roadways. The latest fire engines also include an electronic message board on the back advising motorists of emergency operations.

*4370 TRANSPORT—WOLLONGONG CBD SHUTTLE BUS SERVICE—Mr Ajaka asked the Minister for Transport—

Regarding the stakeholder feedback forum that was to be held in April 2009 to discuss any potential changes to the route or stops of the Wollongong central business district shuttle following its introduction in March 2009:(1) What were the key findings following the consultation with the community and stakeholders?(2) What changes were made to the service in order to accommodate these concerns?

Answer— I am advised:(1) to (2) A new bus network for the Illawarra was introduced on 29 March 2010. The new network

follows community consultation that gave the public an opportunity to provide submissions and comments on the proposed changes. Under the new network, a minor alteration was made to the route of the 'Gong Shuttle' to improve reliability and reduce the length of the journey, without missing any of the current stops. The 'Gong Shuttle' no longer operates via Gipps Street and Crawford Avenue. The bus now operates via Foley and Porter Street. In addition, the frequency of the 'Gong Shuttle' has been increased to every 10 minutes from 7.00 am to 6.00 pm on weekdays and operates every 20 minutes at other times. The weekend service operates every 20 minutes. The increased frequency to every 10 minutes from 7.00am to 6.00pm has reduced waiting times for commuters.

*4371 TRANSPORT—UPGRADE TO UNANDERRA STATION BUILDINGS—Mr Ajaka asked the Minister for Transport—

(1) What is the total expenditure for the upgrade of buildings at Unanderra Station?

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Legislative Council Questions and Answers No. 161— Tuesday 31 August 2010

(2) When did the upgrade of buildings at Unanderra Station commence?(3) What is the completion date for the upgrade of buildings at Unanderra Station?

Answer— I am advised:(1) A total of $12.5 million is allocated to upgrade works at Unanderra Station.(2) Upgrade works commenced in June of 2009.(3) Primary construction works were completed in April of 2010 and works to upgrade the station with

lifts are to be completed by mid 2011.

*4372 STATE AND REGIONAL DEVELOPMENT—INDUSTRY SECTOR FORUMS IN THE ILLAWARRA—Mr Ajaka asked the Minister for State and Regional Development, Minister for Mineral and Forest Resources, Minister for Major Events, Minister for the Central Coast—

In relation to industry sector forums to raise awareness and promote investment in manufacturing, aviation and defence industries:(1) How many forums have been held in the Illawarra since 2007?(2) What were the dates of these forums?(3) Where was each of the forums held?(4) How many people attended each forum?(5) What was the total cost of each forum?

Answer— I am advised:The NSW Government, through Industry & Investment NSW (I&INSW), runs a variety of events in the Illawarra region (defined as the Shellharbour, Wollongong and Kiama electorates) that are aimed at assisting existing businesses, including those in the aviation, manufacturing and defence sectors, to expand and attract investment. For example, on 20 March 2007 I&INSW ran a LEAN Manufacturing seminar in Wollongong which was attended by 24 people. On 1 March 2010 the Department ran a workshop on defence tendering in Wollongong entitled 'Defence Preparedness in the Illawarra,' which was attended by 32 people.I&INSW also works closely with Regional Development Australia (RDA)-Illawarra and local councils to deliver programs aimed at promoting investment and assisting businesses to establish and expand in the Illawarra. For example, the Department has worked closely with Shellharbour City Council to attract aero-space related industry to the Illawarra Regional Airport at Albion Park.

*4373 TRANSPORT—EASY ACCESS UPGRADE AT DAPTO STATION—Mr Ajaka asked the Minister for Transport—

(1) When will the Easy Access upgrade commence for Dapto train station?(2) When will the Easy Access upgrade be completed for Dapto train station?

Answer— (1) to (2) I am advised that Dapto station is scheduled for an upgrade as part of the 2011 – 2016 Easy

Access Program. I understand detailed design is underway and the construction timeframe is subject to the Final Design.

*4374 LOCAL GOVERNMENT—CODE OF CONDUCT INVESTIGATORS—Ms Ficarra asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Local Government, Minister Assisting the Minister for Planning, and Minister Assisting the Minister for Health (Mental Health)—

(1)(a) Are Code of Conduct Investigation reports carried out under the Local Government Act 1993

exempt from defamation action?


(b) If so: (i) How?(ii) If a Code of Conduct Investigation report contains statements which are manifestly untrue,

unsupported, wrong, lacking in evidence or proper investigation, is there still any exemption from defamation action?

(2) Should Code of Conduct Investigation reports be published in council agendas for open council meetings or in confidential session? (a) What standard of evidence test should be applied when determining code of conduct breaches,

such as balance of probabilities or beyond reasonable doubt?(b) In New South Wales public service misconduct investigations, is the balance of probabilities

standard used as the evidentiary requirement?(c)

(i) Does the Department of Local Government allow Code of Conduct Investigators to also preside as decision makers in view of the conflict of interest and lack of separation of powers?

(ii) If so, why?(d)

(i) Will the Department ensure that there is a separation of powers between investigators and decision makers, and that the person that makes the decision has had no involvement in the investigation?

(ii) If not, why not?(3) Will the Department issue practice guidelines to all councils and Code of Conduct Investigators on

the above mentioned issues?

Answer— I provide the following details in response to your questions:(1)

(a) I am advised that the Defamation Act 2005 does not specifically confer any exemption from defamation action in relation to the publication of conduct review reports produced under a council's code of conduct. However, that Act provides for a number of defences that may apply to any defamation action brought with respect to the publication of such reports.

(b)(i) See response to (1) (a).(ii) I am advised that the applicability of any defence provided for under the Defamation Act

2005 is a question of law that would need to be determined by a Court having regard to the particular circumstances of the case in which the question arises.

(2) The Guidelines for the Model Code of Conduct for Local Councils in NSW provide that where a conduct review committee⁄sole conduct reviewer makes enquiries or causes enquiries to be made into a matter, it must report its findings in writing to the council on completion of these deliberations. The report should be a summary of the enquiries undertaken while providing sufficient information for the council to make a determination as to whether the councillor or the general manager has breached the code of conduct. As a minimum the report should contain:

(i) The nature of the complaint and the standard of conduct that is alleged to have been breached.

(ii) The process undertaken by the conduct review committee⁄conduct reviewer in assessing and enquiring into the complaint.

(iii) The facts of the matter.(iv) The findings and the reasons for those findings.(v) Any recommendations to council (this includes any recommendations for a revision of the

council's policies, procedures and⁄or the code of conduct). Under clauses 12.20 and 12.22 of the Model Code of Conduct, where a conduct review committee or conduct reviewer makes enquiries into a matter, they are required to make findings in relation to the matter and report those findings to the council regardless of what those findings are. However, where a conduct review committee or conduct reviewer decides not to make enquiries into a matter, they are required under clause 12.19(a) to provide the complainant with reasons

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in writing. Such a statement of reasons needs only to be provided to the complainant and is not to be reported to the council. Councils may only close their meetings to the public on the grounds specified in section 10A of the Local Government Act 1993. In the absence of such grounds, councils are unable to close their meetings to consider conduct review reports.

(a) I am advised that, subject to the applicability of the principles of evidence expounded by the High Court in Briginshaw v Briginshaw (1938) 60 CLR 336, the relevant standard of proof to be applied in the investigation of matters under a council's code of conduct is the civil standard (ie, on the balance of probabilities).

(b) I am unable to provide a definitive response on what standard of proof applies in relation to investigations conducted under other New South Wales public sector organisations' codes of conduct. Generally, this would depend on the terms of each organisation's code of conduct.

(c)(i) No.(ii) See response to 2(c)(i).

(d)(i) This is currently required under the Model Code of Conduct.(ii) N⁄A.

(3) The Division of Local Government has released Guidelines for the Model Code of Conduct for Local Councils in NSW, which provides guidance on the implementation of the Model Code of Conduct.

*4375 ATTORNEY GENERAL—OPENING OF THE BATHURST OFFICE OF THE PUBLIC TRUSTEE—Mr Colless asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, and Vice President of the Executive Council—

(1) What was the cost of all travel undertaken by the Attorney General, his personal staff or departmental staff to and from the opening of the Office of the Public Trustee in Bathurst on Wednesday 26 May 2010, including the cost of: (a) Travel by taxis?(b) Chartered air flights?(c) Non-chartered commercial flights?(d) Hire vehicles?

(2) How many personal or departmental staff accompanied the Attorney General on this trip?(3)

(a) What was the length of time spent in transit for the visit to Bathurst?(b) What was the Attorney General's arrival time in Bathurst?(c) What was the Attorney General's departure time from Bathurst at the completion of this visit?

Answer— I am advised:(1)

(a) $31.24(b) Nil(c) $1305(d) Nil.

(2) One personal staff member accompanied the Attorney General. Trustee and Guardian staff made arrangements which included being in Bathurst prior to the opening for the purposes of training staff and office set-up.

(3) Length of time in Bathurst varied however the Attorney General returned to Sydney in the afternoon of 26 May 2010 to attend a Cabinet Committee meeting.


*4376 CLIMATE CHANGE AND THE ENVIRONMENT—LIQUID WASTE DISPOSAL AT COLO HEIGHTS/MELLONG—Mr Cohen asked the Minister for Transport representing the Minister for Climate Change and the Environment, and Minister Assisting the Minister for Health (Cancer)—

(1) Why is an application for a specific exemption to pollution licensing being prepared for 5373 Putty Road, Colo Heights⁄Mellong?

(2) What is the contents of up to ten large tankers of liquid waste that can be seen entering 5373 Putty Road each day?

(3) Is the Minister for Climate Change and the Environment aware that 5373 Putty Road lies adjacent to Wollemi National Park and that all water from this property ultimately flows into the Wollemi Wilderness via Tari Creek and Wollemi Creek?

(4)(a) Is this a closed process between the applicant and the Department of Environment Climate

Change and Water?(b) Is the local community permitted to express their concern regarding this matter?(c) If not, why not?

Answer— I am advised as follows:(1) The Department of Environment, Climate Change and Water (DECCW) has received resource

recovery exemption applications for the site at 5373 Putty Road, Colo Heights⁄Mellong. These applications are still being considered. The Protection of the Environment (Waste) Regulation 2005 authorises DECCW to exempt a person from a number of provisions relating to waste, including the requirement to hold an Environment Protection Licence for the land application of waste. This exemption provision can facilitate genuine beneficial recovery of resources from waste. Any person can apply for a resource recovery exemption to use waste, but exemptions are only granted when the use is demonstrated as fit-for-purpose and does not pose a risk of harm to the environment, human health or agriculture.

(2) DECCW is investigating this matter.(3) Yes.(4)

(a) No. DECCW considers all relevant available information.(b) Yes.(c) Not applicable.

*4377 WATER—LAKE BREWSTER IRRIGATION DAM—Mr Cohen asked the Minister for State and Regional Development, Minister for Mineral and Forest Resources, Minister for Major Events, Minister for the Central Coast representing the Minister for Water, and Minister for Corrective Services—

(1) According to the State Water website, Lake Brewster Irrigation dam received flows of 20,945.869 ML from 3rd January 2009 to 12th September 2009. (a) Are these figures correct?(b)

(i) Have State Water representatives ever indicated that only 30 ML have flowed into Lake Brewster over this period?

(ii) If so, and 20,045 ML of water has not gone into Lake Brewster Dam, where is that water?(c) How were flows into Lake Brewster Dam examined in water audits for the 2008⁄09 water year?(d) Have any anomalies in relation to Lake Brewster Dam been revealed in water audits?

(2) Was the Lachlan Catchment Management Authority required the input of water into the wetland or environmental portion of the project to receive a draw-down of funds?

(3)(a) Have bores located only 2km from the Lake Cargelligo filtration plant, been in use for over 30

years?(b) Are there any plans to sell water from these bores and pipelines to Lake Cowal Gold Mine, or

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any other mine?

Answer— I am advised by State Water that:(1)

(a) The last time any flows were directed into Lake Brewster storage for storage and reregulation purposes was in 2005-06. No flows were directed into Lake Brewster storage for reregulation purposes in 2008-09.

(b)(i) Approximately 30ML of water was diverted into Lake Brewster for moisture conditioning

during construction of the main dividing embankment as part of the Lake Brewster Water Efficiency Project.

(ii) A total flow of about 21,000ML has been maintained down the river below Brewster Weir between 1 January 2009 and 30 June 2009 to provide basic rights and stock and domestic access in the Lachlan River from Brewster Weir to Oxley.

(c) to (d) During 2008⁄09 the small flows diverted into Lake Brewster storage for construction of wetland purposes were accounted as unaccounted difference in the annual water balance.

(2) Responsibility for the construction of the Lake Brewster Water Efficiency Project rests with State Water and it has determined what resources are required for the project including water for construction and trials.

(3) I am advised by the NSW Office of Water that: (a) Any groundwater approvals for bores that are located within 2 km of the Lake Cargelligo

filtration plant are to supply water for stock and domestic purposes. Licences for a number of these works were issued 30 years or more ago and it is possible that these works may have been in use for that period of time.

(b) It is not aware of any proposal to sell groundwater from works near Lake Cargelligo to the Lake Cowal Gold Mine or any other mine.

*4378 MINERAL AND FOREST RESOURCES—RED RIVER GUM TIMBER RAILWAY SLEEPERS—Mr Cohen asked the Minister for State and Regional Development, Minister for Mineral and Forest Resources, Minister for Major Events, Minister for the Central Coast—

Regarding a paper by Robert Crawford in the Journal of Environmental Science and Technology (2009, 43 (10), pp 3885 to 3890) entitled 'Greenhouse Gas Emissions Embodied in Reinforced Concrete and Timber Railway Sleepers', are the Minister for Mineral and Forest Resources' representations to the Victorian Transport Minister and the Legislative Council on river red gums consistent with the key findings of this article?

Answer— I am advised statements regarding the clear greenhouse advantages of using timber products instead of concrete and⁄or steel products are based on analyses by Industry and Investment NSW (I&I NSW) and other independent researchers. I&I NSW researchers advise that the validity of the conclusion drawn in the paper cited above is questionable for a number of reasons, the most significant being that the figure derived for greenhouse emissions (as measured by tonnes of carbon dioxide equivalent per cubic metre) for timber is more than ten times the figure for greenhouse emissions for timber reported in the published national and international literature.

*4379 PRIMARY INDUSTRIES—BAG LIMITS IN RECREATIONAL HUNTING—Mr Cohen asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Primary Industries, Minister for Emergency Services, and Minister for Rural Affairs—

(1) Under what circumstances would bag limits for the hunting of feral animals in state forests be appropriate?

(2)(a) Is a viable pest population maintained for recreational hunting in state forests?(b) Will the Game Council be directed to remove restrictions such as bag limits?


(3) Why has the Game Council set a bag limit on the hunting of hog deers, a classified pest animal?(4)

(a) Has the Game Council set, or considered setting, bag limits for any other classified pest animal?(b) If so, which ones?

Answer— This matter falls within the portfolio responsibilities of the Minister for Mineral and Forest Resources.

*4381 CLIMATE CHANGE AND THE ENVIRONMENT—BIOBANKING OFFSETS—Mr Cohen asked the Minister for Transport representing the Minister for Climate Change and the Environment, and Minister Assisting the Minister for Health (Cancer)—

(1)(a) Has the Hills Shire Council approached the Department of Environment Climate Change and

the Environment about a potential biobanking offset for a proposed development of Council owned land at Withers Road, Kellyville?

(b) If so, what are the details of the proposal?

(2)(a) Has the Commonwealth Department of Environment, Water, Heritage and Arts made enquires

about Endangered Ecological Communities and Endangered Species found on this site?(b) If so, what was the substance of those enquires?

(3)(a) Will the Department be referring the site to the Commonwealth Department of Environment,

Water, Heritage and Arts under the Environmental Protection and Biodiversity Conservation Act 1999?

(b) If not, why not?

(4)(a) What are the findings of ecological assessments undertaken for the development proposal?(b) How have these assessments informed discussions about biobanking offsets?

(5) What are the proposed offset provisions for any removal of Endangered Ecological Communities and Endangered Species that would be undertaken to build this development?

(6) What type of ecological communities and species have been identified as being potentially subject to removal?

Answer— I am advised as follows:(1)

(a) and (b) Yes. Hills Shire Council has submitted applications for three Biobanking Agreements and one Biobanking Statement. The Biobanking Statement is associated with a housing development at Withers Road, Kellyville. The three Biobanking Agreements are for Council-owned land at Withers Road Kellyville, Porters Road, Kenthurst and Cadwells Road, Kenthurst. The proposal is to use the biodiversity credits generated at the Biobanking Agreement sites to offset biodiversity impacts from the housing development. Assessment of the application has not been completed.

(2)(a) and (b) The Australian Government Department of Environment, Water, Heritage and Arts

(DEWHA) has not made enquiries to the NSW Department of Environment, Climate Change and Water (DECCW) regarding Endangered Ecological Communities (EEC) and Endangered Species found on the site.

(3)(a) It is not DECCW's role to refer the development to DEWHA.

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(b) It is the role of the proponent (Hills Shire Council) to refer the development to the Australian Government. DECCW understands that the proponent has had discussions with the Australian Government and intends to refer the proposals if required.

(4)(a) Council's accredited Biobanking consultant is still finalising the Biobanking assessments. The

Biobanking Assessment Methodology requires field data to be collected to identify ecological features. The initial findings have identified that the site contains three ecological communities, one of which is listed as an EEC (Shale-Sandstone Transition Forest).

(b) The assessments will provide details of the required biodiversity credit profiles that will need to be retired to satisfy offset requirements.

(5) The exact size of any offsets that may be required has not yet been determined.(6) A proportion of the Shale-Sandstone Transition Forest, and Scribbly Gum Forest, are proposed to be

removed. None of the Grey Gum Gully Forest is proposed to be removed. The Biobanking Assessment Methodology assumes presence on the site of all threatened species associated with the vegetation types identified, unless better local data indicates otherwise. There are no species that have been identified on the site that trigger individual species credits. Therefore, only ecosystem credits for impacted vegetation types will be required to be sought by the developer if the Biobanking Statement is issued.

*4382 MINERAL AND FOREST RESOURCES—FERAL HORSE TRAPPING ACTIVITIES—Mr Cohen asked the Minister for State and Regional Development, Minister for Mineral and Forest Resources, Minister for Major Events, Minister for the Central Coast—

(1) How does Forests NSW determine which parts of New South Wales state forests are subject to feral horse trapping activities?

(2)(a) Is there a preference for removing feral horses from plantation areas as opposed to other areas

of state forests such as remnant native vegetation ecosystems?(b) If so, what is the basis for such a preference?

(3) In relation to the awarding of contracts for feral horse trapping: (a) How does Forests NSW ensure that the tendering process is fair and equitable and that the

people that are engaged to carry out the trapping are properly qualified?(b) What monitoring of trapping activities takes place to ensure that contractors comply with animal

welfare and safety obligations?(c) What actions does Forests NSW take in instances of non-compliance?

Answer— (1) The likely impacts of feral horses are assessed through current monitoring programs and a

determination is made on the need for a trapping program.(2)

(a) No.(b) Not applicable.

(3)(a) Standard Forests NSW procurement procedures are used to ensure that value for money is

obtained and that procurement is fair and equitable. Experience, equipment and methods used by contractors are also criteria in the selection process. Operators must work in accordance with Industry and Investment NSW Codes of Practice for the Humane Control of Feral Horses.

(b) Programs are supervised by Forests NSW staff with operations managed in accordance with Industry and Investment NSW Codes of Practice for the Humane Control of Feral Horses.

(c) Management of any non-compliance issues will depend on nature of the non-compliance. Serious non-compliance may result in the termination of the contract.


*4383 WATER—CARGELLIGO WETLANDS AND THE LACHLAN RIVER—Mr Cohen asked the Minister for State and Regional Development, Minister for Mineral and Forest Resources, Minister for Major Events, Minister for the Central Coast representing the Minister for Water, and Minister for Corrective Services—

(1) Has the Lachlan Customer Services Committee been planning the removal of red gums with local landholders as stated in the State Water Corporation Annual Report 2008⁄2009?

(2) On what basis are proposals to Cargelligo Wetlands and Lake Council to extend emergency channels which would allow landholders to get access to lake water for stock and domestic uses, being considered?

(3) Given the bores at North Parkes Mine are to be audited by the State Water Corporation: (a) Please provide an overview of the data collected during auditing.(b) What metering system is in place for this mine?(c) How much water is the North Parkes Mine taking from the bores that are fed by the Lachlan

River?(d) What were the extraction levels recorded by meters on North Parkes Mines bores for the

following water years: (i) 2008?(ii) 2009?

(e) Where is the meter for the Lake Cowal off-take for the Barrick Mine located?

(4) In relation to the membership of the Lachlan Critical Water Advisory Committee: (a) Are there members who hold significant pecuniary interests in the allocation of water by this

Committee?(b) Are there any members who hold significant non-pecuniary interests in the allocation of water

by this Committee?(c) Where are these interests registered?(d) Is this information publicly available?(e) What are the criteria for membership on the Committee, including any qualifications that are

required for representatives of communities on the Lower Lachlan River?(f) Given the Aboriginal settlement of Murrin Brigge is located on the Lachlan River, why is there

no Aboriginal representation on the Lachlan Critical Water Advisory Committee?

(5)(a) Given the town of Parkes is not located on the Lachlan River, why is Parkes Shire Council

represented on the Lachlan Critical Water Advisory Committee?(b) Is this because the Parkes Shire Council acquires water from the Lachlan River?(c) Does any of the water that is acquired by Parkes Shire Council go to North Parkes Mine?

(6) In relation to the assessment of Brewster Irrigation Dam and the Lake Cargelligo Wetland and Lake System: (a) What factors influenced the decision to nominate the man-made Brewster Irrigation Dam as a

natural body of water?(b) As this decision has had significant impacts on the Lake Cargelligo Wetland and Lake

ecosystem and associated town water supplies, what is being done to ameliorate these impacts?

(7) What is the reasoning behind the continuing removal of water from the Lake Cargelligo Wetland & Lake system, when the amount that is being released will, according to State Water Corporation figures, be lost in transmission?

Answer— I am advised as follows:(1) The removal of opportunistic red gum shoots in waterways left dry in the mid and lower Lachlan

River due to drought was discussed. The Committee has yet to make a resolution on the matter.(2) Consideration was given to extending access to emergency channels on the basis if delivering water

for critical human needs. No decision has been made.(3)

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(a) There is one bore operated by North Mining Ltd. It is understood that frequent meter checks are carried out by Parkes Shire Council on meters managed by them, including this bore water.

(b) Bore and river works metered with electromagnetic full bore meters were installed in 2003 and 2006 respectively.

(c) to (d) Annual usage patterns suggest 3ML per day is extracted from the bore in the mine's name. Further information should be sought from Parkes Shire Council as water from surface and groundwater sources are mixed at Parkes.

(d) Usage attributed to Barrick Gold Mine is monitored at the Jemalong Irrigation Limited channel meter approximately 800 meters from Jemalong weir. A low flow monitoring meter is located 2.2 meters from Jemalong weir.

(4)(a) to (f) The role of the Lachlan Critical Water Advisory Group is to provide advice to the Minister

for Water, through the NSW Office of Water, on the effect of various drought contingency planning options proposed to manage the available water resources in the Lachlan Valley during the current drought. Composition of the Group is representative of a wide range of expertise in water management from industry, irrigation, local government and agencies. Criteria for membership include knowledge of the river system. Minutes of committee meetings are available on the NSW Office of Water's website. Expressions of interest were sought for interested members of the community to fill one position on the Lachlan Critical Water Advisory Group to represent the broader interests for stock and domestic water users on the Lachlan River below Condobolin Weir.

(5)(a) to (c) Parkes is located in the Lachlan catchment and Parkes Shire Council sources water from

surface water (Lachlan River) and groundwater.

(6)(a) State Water is not aware that Lake Brewster storage has been nominated as a natural body of

water. State Water is aware that the Lake Brewster area is a recognised wetland and that it existed as a natural feature prior to being modified as storage some decades ago.

(b) The primary function of Lake Brewster is to serve as a water re-regulation structure to provide town water supplies and serve users downstream when sufficient water is available. The Lake Brewster Water Efficiency Project aims to improve the efficiency of Lake Brewster as a water storage by reducing evaporative losses and at the same time providing environmental benefits for Lake Brewster and the downstream riverine ecosystem.

(7) The primary function of Lake Cargelligo is to serve as a water re-regulation structure to provide town water supplies and serve users downstream when water is available. Availability is determined by the NSW Office of Water. Managing the river in this way has been appropriate in these conditions and to do otherwise would have created a real risk to human health. It would also place the entire river at risk of drying out and affecting wildlife refuges along the whole river.

*4384 TRANSPORT—NEW TRAIN STATION SHELTERS—Mr Clarke asked the Minister for Transport—

(1)(a) Have new shelters been added to Springwood station?(b) If so, how much was spent on adding the new shelters?

(2)(a) Have new shelters been added to Glenbrook station?(b) If so, how much was spent on adding the new shelters?

Answer— I am advised:(1) (a) and (b) Shelters were added to Springwood station at a cost of approximately $250,000.(2) (a) and (b) Canopies for Glenbrook station are currently in the final design stage.


*4385 TRANSPORT—SPRINGWOOD RAILWAY STATION UPGRADE—Mr Clarke asked the Minister for Transport—

When was the upgrade at Springwood railway station, including a refurbished station building, completed?

Answer— I am advised the Springwood station easy access upgrade was completed in November of 1998. The refurbishment of the station building was completed in June 2007.


*4386 POLICE—SPECIALIST POLICE SQUADS—Mr Gallacher asked the Treasurer, Special Minister of State representing the Minister for Police, and Minister for Finance—

(1)(a) What is the authorised strength of the Asian Crime Squad?(b) Where are these offices located?

(2)(a) What is the authorised strength of the Drug Squad?(b) Where are these offices located?

(3)(a) What is the authorised strength of the Firearms and Organised Crime Squad?(b) Where are these offices located?

(4)(a) What is the authorised strength of the Sex Crimes Squad?(b) Where are these offices located?

(5)(a) What is the authorised strength of the Property Crime Squad?(b) Where are these offices located?

(6)(a) What is the authorised strength of the Fraud Squad?(b) Where are these offices located?

(7)(a) What is the authorised strength of the Middle Eastern Organised Crime Squad?(b) Where are these offices located?

(8)(a) What is the authorised strength of the Organised Crime (Targeting) Squad?(b) Where are these offices located?

(9)(a) What is the authorised strength of the Joint Investigation Response Squad?(b) Where are these offices located?

Answer— The NSW Police Force has advised me that the authorised strengths (sworn positions) of the nominated squads and their locations are as follows:(1)

(a) 41.

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(b) Parramatta.

(2)(a) 60.(b) Parramatta.





(7)(a) 52.(b) Hurstville.

(8)(a) 31.(b) Sydney.

(9)(a) 120.(b) Parramatta and 21 team locations across NSW.

*4387 TREASURER—WATER PRIVATISATION DISCUSSIONS—Dr Kaye asked the Treasurer, Special Minister of State—

(1)(a) In the past twelve months has the Treasurer had any discussions with any private sector

organisations in relation to Sydney Water or any of its associated entities where any of the following issues were discussed: (i) Privatisation?(ii) Contracting out?(iii) Other transfer of activities or assets to private sector ownership, control or provision?

(b) If so, when and with whom were these discussions held?

(2)(a) In the past twelve months have senior officers in the NSW Treasury had any discussions with

any private sector organisations in relation to Sydney Water or any of its associated entities where any of the following issues were discussed: (i) Privatisation?(ii) Contracting out?(iii) Other transfer of activities or assets to private sector ownership, control or provision?


Answer—


The government will not be privatising the Sydney Desalination Plant. However, I note comments by the Leader of the Opposition in the Legislative Assembly that "the New South Wales Liberals and Nationals will enter into a long-term contract for Sydney's desalination plant" (Hansard, 10 June, Page 24237).

*4388 WATER—WATER PRIVATISATION DISCUSSIONS—Dr Kaye asked the Minister for State and Regional Development, Minister for Mineral and Forest Resources, Minister for Major Events, Minister for the Central Coast representing the Minister for Water, and Minister for Corrective Services—

(1)(a) In the past twelve months has the Minister for Water had any discussions with any private sector

organisations in relation to Sydney Water or any of its associated entities where any of the following issues were discussed: (i) Privatisation?(ii) Contracting out?(iii) Other transfer of activities or assets to private sector ownership, control or provision?


(2)(a) In the past twelve months have senior officers in the Department of Water and Energy or

Department of Environment, Climate Change and Water had any discussions with any private sector organisations in relation to Sydney Water or any of its associated entities where any of the following issues were discussed: (i) Privatisation?(ii) Contracting out?(iii) Other transfer of activities or assets to private sector ownership, control or provision?


Answer— The government will not be privatising the Sydney Desalination Plant. However, I note comments by the Leader of the Opposition in the Legislative Assembly that "the New South Wales Liberals and Nationals will enter into a long-term contract for Sydney's desalination plant" (Hansard, 10 June, Page 24237)

*4389 FINANCE—WATER PRIVATISATION DISCUSSIONS—Dr Kaye asked the Treasurer, Special Minister of State representing the Minister for Police, and Minister for Finance—

(1)(a) In the past twelve months has the Minister for Finance had any discussions with any private

sector organisations in relation to Sydney Water or any of its associated entities where any of the following issues were discussed: (i) Privatisation?(ii) Contracting out?(iii) Other transfer of activities or assets to private sector ownership, control or provision?


(2)(a) In the past twelve months have senior officers in the agencies which fall within the Minister's

portfolio had any discussions with any private sector organisations in relation to Sydney Water or any of its associated entities where any of the following issues were discussed: (i) Privatisation?(ii) Contracting out?(iii) Other transfer of activities or assets to private sector ownership, control or provision?


Answer— The government will not be privatising the Sydney Desalination Plant. However, I note comments by the Leader of the Opposition in the Legislative Assembly that "the New South Wales Liberals and Nationals will enter into a long-term contract for Sydney's desalination plant" (Hansard, 10 June, Page 24237)

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*4390 EDUCATION AND TRAINING—ARTHUR PHILLIP HIGH SCHOOL STUDENT CAPACITY—Dr Kaye asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, and Vice President of the Executive Council representing the Minister for Education and Training—

(1) How many students are currently enrolled at Arthur Phillip High School?(2)

(a) How many students was the school designed for?(b) Does this include the capacity of demountable classrooms?

(3)(a) Are classes at Arthur Phillip High School conducted on a regular or intermittent basis in any of

the following locations: (i) The canteen?(ii) Other non-teaching spaces?(iii) Rooms that do not have adequate space as defined by the Department of Education and

Training's standards for the number of students?(b) If so, what are the details of these classes?

(4)(a) Has the Minister for Education and Training or the Department received any complaints that

Arthur Phillip High School is over-crowded?(b) If so:

(i) Were these complaints from parents, teachers or other bodies?(ii) What action did the Minister or the Department take in response to these complaints?

(5)(a) Is Arthur Phillip High School over-crowded by the Department's standards?(b) If so, by how much?

Answer— (1) There are 1,526 mainstream students currently enrolled at Arthur Phillip High School with a further

38 students attending the school's Special Education Unit.(2) The school was designed for approximately 1,200 students and is capable of expanding with the use

of demountable accommodation. The capacity of the school including permanent and demountable teaching spaces is 1,550.

(3) The internet café adjoins the canteen and is utilised as a covered learning space. Covered learning spaces are used in schools as flexible spaces that can be used as teaching spaces for a variety of activities and are also used during non class time for other activities. The internet café has wifi in addition to a projector and screen and at times is utilised for classes. The school utilises small rooms and covered learning spaces to conduct specialist classes for senior students and withdrawal classes to support literacy and social skills programs. The Department considers that the minimum acceptable size for a secondary classroom for 30 students is 38m2 or 2m2 per student whichever is the lesser. Smaller rooms are suitable for teaching smaller groups of students based on a minimum of 2m2 per student. Small rooms are used for some small senior classes (2 to 10 students), withdrawal students in literacy ⁄ social skills and for classes created for special support.

(4) I am unaware of any complaints.(5) The popularity of Arthur Phillip High School as a large high school is managed by the school to

service the current demand through the use of an extended school day, use of community facilities including the local sporting fields, off-site vocational education and training at the local TAFE campuses, high level use of technology to support modern teaching practices and the use of demountable classrooms to supplement permanent teaching spaces as required.

*4391 EDUCATION AND TRAINING—ARTHUR PHILLIP HIGH SCHOOL REDEVELOPMENT—Dr Kaye asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, and Vice President of the Executive Council representing the Minister for Education and Training—

(1)


(a) Are there any plans to redevelop Arthur Phillip High School?(b) If so, please provide the redevelopment details including:

(i) Where is the planning process up to?(ii) What is the nature of the redevelopment?(iii) What steps will be undertaken to consult the school community?

(c)(i) If not, has there been any preliminary attention given to the problems of over-crowding at

Arthur Phillip High School?(ii) If so, please provide the details.

Answer— (1)

(a) Arthur Phillip High School is included as a part of standard Department of Education and Training processes for development of possible future capitals work programs.

(b) There are currently no plans for redevelopment. If, in the future, plans are developed, processes to consult the school community would form part of the planning process.

(c) The popularity of Arthur Phillip High School as a large high school is effectively managed by the school to service the current demand through the use of an extended school day, use of community facilities including the local sporting fields, off-site vocational education and training at the local TAFE campuses, high level use of technology to support modern teaching practices and the use of demountable classrooms to supplement permanent teaching spaces as required.

*4392 EDUCATION AND TRAINING—ONLINE TRAINING FOR THE SCHOOLS LEARNING SUPPORT PROGRAM STANDARDS—Dr Kaye asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, and Vice President of the Executive Council representing the Minister for Education and Training—

(1) What criteria was used to determine the standards of research and evidence under-pinning the online training for the Schools Learning Support Program?

(2)(a) Was there any review of peer-reviewed literature when the course material was being evaluated?(b) If so:

(i) Who was involved in conducting this review?(ii) What were there qualifications?(iii) When was the review undertaken?(iv) Did the review produce any reports or similar findings? Please provide a copy of all

reports and findings.

Answer— (1) A range of criteria has guided the Department in relation to the online learning program. This

includes the capacity of the training to provide participants with information about the research and a range of available intervention approaches for supporting students' access and participation in education through a delivery mode that supports participants' knowledge and skills and reflection on their own practice in schools and in classrooms.

(2)(a) A wide range of literature and other materials were considered when the course was being

evaluated, including peer-reviewed literature.(b)

(i) A range of education and allied health personnel within and outside the Department.(ii) Of those involved within the Department, personnel hold relevant general education,

special education and psychology qualifications.(iii) Reviews of literature and materials commenced in 2008.(iv) No reports were produced.

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*4393 EDUCATION AND TRAINING—ONLINE TRAINING FOR THE SCHOOLS LEARNING SUPPORT PROGRAM INDEPENDENT REVIEW—Dr Kaye asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Minister for Education and Training—

(1) Have any independent authorities or other bodies been asked to review the Online Training for the Schools Learning Support Program? Please provide a list of those bodies and their findings.

(2) Have any independent authorities or other bodies been asked to compare the Online Training for the Schools Learning Support Program with post-graduate qualifications such as postgraduate certificates, diplomas or masters degree? Please provide a list of those bodies and their findings.

Answer— (1) The Department of Education and Training has not engaged an independent authority or other body

to undertake a formal review of the Online Training for the Schools Learning Support Program.(2) No. However, Macquarie University Special Education Centre was asked in mid 2009 to consider

giving credit to people completing the online courses as incentive toward a post-graduate special education qualification. The Department does not have information about whether the university compared the courses with other post graduate qualifications.

*4394 EDUCATION AND TRAINING—ONLINE TRAINING FOR THE SCHOOLS LEARNING SUPPORT PROGRAM CRITICISMS—Dr Kaye asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, and Vice President of the Executive Council representing the Minister for Education and Training—

Regarding criticism of the online training for the Schools Learning Support Program made by Macquarie Universities' Special Education Centre.(1)

(a) Has the Learning Support Program been modified in response to these criticisms?(b)

(i) Has the content in relation to perceptual motor programs been reviewed in response to these criticisms?

(ii) If so, who undertook this review?(2) Did Macquarie Universities Special Education Centre provide the Department of Education and

Training with feedback on the proposed Learning Support Program prior to the time the University Department lodged its submission?

Answer— (1)

(a) School Learning Support Program has been modified as the result of consultation with a wide range of stakeholders, including Macquarie University Special Education Centre.

(b)(i) and (ii) Comments about the content of the online learning course on motor coordination

provided by Macquarie University Special Education Centre have been considered by the Department and informed course modifications.

(2) Yes.

*4395 EDUCATION AND TRAINING—ONLINE TRAINING FOR THE SCHOOLS LEARNING SUPPORT PROGRAM TUTOR QUALIFICATION—Dr Kaye asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Minister for Education and Training—

(a) Is the only prerequisite for tutors delivering the online training for the Schools Learning Support Program to teachers, to have completed the online course themselves?

(b) If not, (i) What qualification will tutors be required to have completed?(ii) Will there be a requirement to have a post-graduate certificate, diploma or masters degree?


Answer— (a) No.(b)

(i) Tutors are required to have tertiary education qualifications and to have successfully completed training to tutor the online courses.

(ii) No.

*4396 EDUCATION AND TRAINING—ONLINE TRAINING FOR THE SCHOOLS LEARNING SUPPORT PROGRAM UNITED KINGDOM CRITICAL REVIEW—Dr Kaye asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Minister for Education and Training—

Regarding the United Kingdom's 'critical review' of their online training for the Schools Learning Support Program which was the basis for New South Wales' program.(1)

(a) Has the Department of Education and Training reviewed the 'critical review' of the United Kingdom's program?

(b) If so, (i) What form did the review take?(ii) Who undertook it and what was their relationship with the creators of the on-line

materials?(iii) What were the findings of the review?

(2) Did the United Kingdom's critical review identify similar issues in training that were identified by Macquarie University in their submission to the Department?

Answer— (1)

(a) and (b) The Department is aware that the organisation in the United Kingdom that developed the courses engages in an annual review process around course content. The review process involves subscribing organisations and a management group of relevant professionals for each course. The annual review process informs any modifications to course content.

(2) The Department does not hold information collected by the course developers from other organisations or groups through its annual review process.

*4397 EDUCATION AND TRAINING—DALWOOD ASSESSMENT CENTRE REVIEW—Dr Kaye asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, and Vice President of the Executive Council representing the Minister for Education and Training—

(1) Will the views of parents at the public consultation sessions on the review of Dalwood Assessment Centre and Plan Ave School be transmitted to the expert advisory panel?

(2) Will those views play an important part of the deliberations of the panel?(3) Will the Minister for Education and Training be advised of the views at those meetings?

Answer— (1) to (3) Yes.

*4398 EDUCATION AND TRAINING—REMOTE STUDENTS LITERACY ASSISTANCE PROGRAMS—Dr Kaye asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, and Vice President of the Executive Council representing the Minister for Education and Training—

(1)(a) Will students from rural and remote New South Wales with literacy problems continue to be

able to access expert diagnosis in Sydney after the beginning of term three, 2010?(b) If so, where?

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(2)(a) Will literacy assessments conducted after the beginning of term three, 2010 still be able to

recommend residential programs?(b) If so, where will those residential programs be carried out?

Answer— (1)

(a) Yes.(b) The diagnostic assessment services provided by the Dalwood Assessment Centre are under the

jurisdiction of NSW Health.

(2)(a) and (b) The expert advisory panel will provide advice to the NSW Government about ways to

strengthen services for students with complex reading difficulties from remote and regional NSW shortly. In the meantime for remaining 2010 referrals to the service, I have guaranteed that the current residential program will be available as needed at Royal Far West in Manly during the rest of this year for students identified as suitable for this intervention.

*4399 EDUCATION AND TRAINING—BROKEN HILL SCHOOL TERM HOSTEL—Dr Kaye asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, and Vice President of the Executive Council representing the Minister for Education and Training—

(1) How many students resided at the Broken Hill School Term Hostel during term one, 2010?(2) How many students resided at the hostel in term one of the following years:

(a) 2002?(b) 2003?(c) 2004?(d) 2005?(e) 2006?(f) 2007?(g) 2008?(h) 2009?

(3)(a) Are there plans to close the Broken Hill School Term Hostel?(b) If so, how will the children who currently reside at the hostel access public education?(c) If not, what is planed for the future of the hostel?

Answer— The Broken Hill School Term Hostel is not managed by the Department of Education and Training. The Honourable Member may wish to approach the hostel directly for relevant information on the hostel.

*4400 EDUCATION AND TRAINING—SCHOOL TERM HOSTELS FUNDING—Dr Kaye asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, and Vice President of the Executive Council representing the Minister for Education and Training—

(1)(a) What was the last year in which the Federal Government provided funding for school term

hostels?(b) How much funding was provided in that year?

(2)(a) Does the Government currently provide any funding for school term hostels?(b) If so, how much?(c) If not, what was the last year in which funding was provided for school term hostels?


Answer— (1)

(a) The Australian Government last provided funding for school term hostels in 2008.(b) The amount provided was $155,000.

(2)(a) The non-government school term hostels registered in New South Wales received a one off final

payment from the NSW Department of Education and Training for the 2009⁄2010 financial year only to assist with the finalisation of any backlog with maintenance works.

(b) The amount provided was $155,000.

*4401 POLICE—ATTESTATION OF POLICE OFFICERS IN MARCH 2011—Mr Gallacher asked the Treasurer, Special Minister of State representing the Minister for Police, and Minister for Finance—

(1)(a) When was the decision made to create a class at the Goulburn Police College for attestation in

March 2011?(b) What are and were the reasons for making the decision to have a March 2011 attestation?

(2)(a) Who made the initial approach to the NSW Police Force to put in place a March 2011

attestation?(b)

(i) Did the Minister for Police meet with the NSW Police Force to request a March 2011 attestation?

(ii) If so, when and with whom did he meet?(3)

(a) What is the number of students expected to initially commence in this class?(b) How many students does the NSW Police Force expect to attest at the ceremony to be held in

March 2011?

(4)(a) Has action been taken by the NSW Police Force or Charles Sturt University to change the

criteria to allow students to fail additional subjects and still continue studies?(b) If so,

(i) Who made that decision?(ii) Why?

Answer— The NSW Police Force has advised me:(1) to (3) There is no March 2011 attestation.(4) No.

*4402 LOCAL GOVERNMENT—WARRINGAH COUNCILLOR BREACH OF CODE OF CONDUCT INVESTIGATIONS—Ms Ficarra asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Local Government, Minister Assisting the Minister for Planning, and Minister Assisting the Minister for Health (Mental Health)—

(1) Regarding the article in the Manly Daily on 20 May 2010 entitled "Warringah Councillors instigate complaints against each other": (a) Did Sole Conduct Reviewer, Mr Barry Davidow:

(i) incorrectly claim that the female councillor complainant refused to be interviewed?(ii) interview only certain councillors and not all councillors who could have witnessed the

abusive attack on the female councillor?(iii) change the standards of evidence during the investigation and misapplied evidence

principles?

5271


(iv) not give the female councillor complainant the opportunity to respond to his finding before making the finding?

(v) not take into account the history of misconduct of the female councillor offender, particularly that the Warringah Council Commission of Enquiry wrote extensively about the offender's "abusive", "belligerent attitude at Council meetings", "vile language", "swearing" and "intimidatory conduct" which led to the dismissal of Warringah Council in 2003?

(2) As indicated in the Manly Daily article of 20 May 2010: (a) Were there other complaints against the same female councillor?(b) Did Sole Conduct Reviewer, Mr Adam Halstead:

(i) refuse to interview witnesses to the female councillor offender's repeated verbal abuse, harassment and swearing at three female councillors and one male councillor?

(ii) read the complaints improperly and falsely concluded that the complaint involved exchanges between the offender and one male councillor, when it related to the repeated verbal abuse, harassment and swearing at three female Councillors also?

(iii) rule that the offender calling female councillors various obscenities was part of "robust debate and trivial"?

(iv) incorrectly claim that the complainant failed to respond to requests for information?(v) not show appropriate diligence to the investigation?(vi) not give the complainant the opportunity to respond to his finding before making the

finding?(vii) not take into account the history of misconduct of the female councillor offender,

particularly that the Warringah Council Commission of Enquiry wrote extensively about the offender's "abusive", "belligerent attitude at Council meetings", "vile language", "swearing" and "intimidatory conduct" which led to the dismissal of Warringah Council in 2003?

(viii) write a report which was reckless, made unfounded statements and findings, was perverse in its reasoning and could constitute defamation of the complainant and others?

(3)(a) As indicated in the Manly Daily article of 20 May 2010, have Warringah Council staff lodged a

complaint against a female councillor for stating at a public meeting that "there is a perception in the community that council is open to talking to developers but not the community"?

(b) If so: (i) Did a significant period elapse between the time in which the alleged statement was made

and a complaint to the General Manager submitted?(ii) Once the matter was referred to Sole Conduct Reviewer, David Clark, was it subsequently

further delayed due to Mr Clark advising he was renovating his house?(iii) Were complaints made by councillors that council staff leaked the complaint to an

opposing councillor who in turn told others and the media of the complaint?(iv) Did the sole conduct reviewer rule that the councillor who leaked the complaint had no

obligation to maintain confidentiality?(v) Is the matter proceeding, ongoing and unresolved despite other Warringah Council

Conduct Reviewers dismissing complaints about a separate female councillor's abusive behaviour and obscene language as "robust debate" and "trivial"?

(4) As indicated in the article in the Manly Daily on 1 June 2010, entitled "Cr Laugesen upsets council staff" are Warringah Council staff again committing misconduct by making derogatory, denigrating and unprofessional remarks in a memorandum over a confidential email sent by a female councillor complaining of the conduct of a staff member?

(5) Have the General Manager of Warringah Council and Internal Ombudsman of Warringah Council refused to investigate and act on complaints about the unprofessional behaviour and inconsistency of Warringah Council's Sole Conduct Reviewers and advised that the only redress is to complain to the Department of Local Government?

(6) In view of the conduct of the Sole Reviewers and certain council staff outlined in the above mentioned cases, and the refusal of General Manager of Warringah Council and Internal Ombudsman of Warringah Council to have the matters properly addressed will the Minister ensure that all matters


are properly reviewed by the Department and that it will take a greater oversight role regarding Warringah Council?

Answer— I provide the following details in response to your questions:It would not be appropriate for me to comment on specific matters considered under a council's code of conduct.Councils themselves are primarily responsible for determining whether the actions of their members and staff constitute a breach of the standards of behaviour set out in their adopted codes of conduct. It is also a matter for councils to determine what should occur in cases of a breach of those standards. This approach is consistent with the objectives of the Local Government Act 1993, which allows councils a significant degree of autonomy in their day-to-day activities.The Division of Local Government, Department of Premier and Cabinet would normally only intervene in a code of conduct matter in circumstances where it is apparent that a council has failed to correctly apply its code of conduct or where the Division is exercising its powers under the misbehaviour provisions of the Act.The Division of Local Government will be attending Council to provide assistance and guidance in relation to the application of the code of conduct in the near future.

*4403 HEALTH—ORAL HEALTH CARE ALLIANCE LETTER TO PARLIAMENTARIANS—Ms Ficarra asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, and Vice President of the Executive Council representing the Deputy Premier, and Minister for Health—

(1) What is the Minister for Health's response to the Oral Health Care Alliance's statement that "The New South Wales public dental system is under severe stress, struggling to cope with demand in the face of chronic under-funding, inadequate infrastructure and workforce shortages. As at January 2010, there were 132,813 people on the waiting list for outpatient oral health services in New South Wales more than twice the number of people on public hospital waiting lists. In spite of this overwhelming need, New South Wales has the lowest public dental funding per capita of any state or territory, at just $2.30 per person?"

(2) The Oral Health Care Alliance has called for increased funding for public dental services, will the Government bring per capita funding for public dental services into line with Queensland funding?

(3) The Oral Health Care Alliance has called for the expansion of the dental workforce, will the Government invest in comprehensive public oral health workforce development initiatives?

(4) The Oral Health Care Alliance has called for enhancement of the public dental infrastructure, will the Government invest in public dental infrastructure and develop flexible service delivery needs?

(5) The Oral Health Care Alliance has called for a redress of the oral health inequities, will the Government fund targeted initiatives for those most in need?

Answer— I am advised: (1) (5) inclusive:The NSW Government's commitment to oral health funding will total $169.4 million in 2010-11, and represents a 38 per cent increase in State funding since 2005⁄2006.Since June 2008 there has been an overall reduction in ambulatory dental treatment waiting lists of approximately 14 per cent. The 2007 Australian Institute of Health & Welfare's national Survey of Adult Oral Health 2004 2006 and the NSW Health Child Dental Health Survey 2007 show that the state of oral health or children and adults in NSW is equal if not better than other jurisdiction, including Queensland. NSW has invested in upstream prevention of dental diseases through water fluoridation, oral health promotion and working collaboratively with the dental professions and community organizations to promote oral health.The NSW Government welcomes the cooperative approach being taken by the Commonwealth to assist States in the provision health and of public oral health services. However, the Senate blocked the cessation of the Medicare Chronic Disease Dental Scheme which has resulted in funding not being available to the new Commonwealth Dental Health Program which would have provided significant additional public funding to dental care. Current Commonwealth dental programs improve access for eligible NSW residents to dental care, for example to the Medicare Teen Dental Plan. More than 715,934

5273


vouchers have been redeemed nationwide with some 255,280 being redeemed in NSW. This has provided much needed access for vulnerable youth to access examination and early preventive care in NSW.The NSW Government has not only introduced an innovative International Dental Graduate's program of training and service provision to public patients and those in rural communities but partnered with Charles Sturt University this financial year to provide $4 million in infrastructure for additional student placements in Dubbo. This Government has a strong commitment to its role in ensuring a viable and appropriate dental workforce in NSW.NSW also has a strong commitment to preventing oral diseases, and its initiatives in water fluoridation, in oral health promotion activities including the introduction of an Early Childhood Oral Health program with Child and Family Health Nurses, with general medical practitioners and with preschools and kindergartens underpins this commitment to infrastructure and innovation. The NSW Government has also made a major capital commitment to the construction of water fluoridation plants in rural and regional NSW with over $3 million spent this financial year in new fluoridation plants.NSW is also working with the Commonwealth under the National Partnership Agreement "Closing the Gap" and has a $6 million commitment over 4 years commencing 2009⁄10 for an Aboriginal Oral Health Hub and Spoke program to provide much needed increased access for Aboriginal people in urban and rural areas of New South Wales. Funding for additional partnership projects in reducing inequities in access to oral health services and improved oral health outcomes for Aboriginal people in NSW is also scheduled for 2010⁄2011.


*4404 HOUSING—SOCIAL HOUSING UNITS IN BENANG STREET, LAWSON—Ms Hale asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Housing, Minister for Small Business, and Minister Assisting the Premier on Veterans' Affairs—

(1)(a) Is Housing NSW intending to demolish the brick housing units in Benang Street, Lawson?(b) If so, why?(c) If not, why are the units not occupied?

(2)(a) Are the units fit for habitation?(b) If not, why have they been permitted to deteriorate to the point where they are unfit?

(3)(a) Given that Housing NSW residents are accommodated in fibro units immediately to the rear of

the Benang Street units, does Housing NSW intend to transfer residents from the fibro units to the brick units?


(4)(a) Is it Housing NSW's intention to redevelop the land or to sell it?(b) If the intention is to redevelop, what use will it be redeveloped for?

(5)(a) Has Housing NSW declined to transfer the units to the Wentworth Community Housing?(b) If so, why?

Answer— (1)

(a) No(b) N⁄A(c) The units are vacant as it is proposed that the unit complex will be sold at public auction with

vacant possession.


(2)(a) Whilst the units are habitable they do present a significant future maintenance liability which is

one of the key considerations which inform Housing NSW asset management strategies aimed at reconfiguring the public housing portfolio to better meet the housing needs of clients.

(b) N⁄A

(3)(a) No(b) The management of nearby units are in the process of being transferred to community housing

and will be under the management of Wentworth Community Housing who will take responsibility for ongoing asset strategies.

(4)(a) It is proposed that the unit complex will be sold at public auction.(b) N⁄A

(5)(a) and (b) The units were not considered for transfer to community housing. At the time of

assessing stock in this area for transfer to community housing, Housing NSW was preparing the unit complex for possible sale to Blue Mountains Council, who had approached Housing NSW with an interest in purchasing the site. These negotiations came to a halt in recent months at Council's request. In view of the age and future maintenance liability of the site, Housing NSW determined it appropriate to proceed with sale of the site by public auction as part of an ongoing asset management strategy to reconfigure the Western Sydney public housing portfolio. All proceeds from the sale will be re-invested into providing more appropriate housing in the Greater Western Sydney area.

*4405 HOUSING—SOCIAL HOUSING SITE SELECTION AT TINGIRA HEIGHTS—Ms Hale asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Housing, Minister for Small Business, and Minister Assisting the Premier on Veterans' Affairs—

(1)(a) Did Housing NSW purchase the site at 3-5 James Street, Tingira Heights, prior to any officer of

Housing NSW physically visiting the site?(b) If so, why was no physical inspection undertaken?

(2) What was the purchase price paid by Housing NSW for the 3-5 James Street Tingira land parcel?(3) What are the estimated costs of pre-building works such as levelling, easements, fill, etcetera?(4) Was a hydro-engineering report prepared?(5)

(a) What is the total estimated construction cost of the proposed units?(b) What is the estimated cost per unit?

(6) Given the presence of fill on the site and water flows across it, what assessment has been done as to whether the land will be subject to landslip or stability problems?

(7)(a) Is the current sewerage piping prone to overflow?(b) If so, what measures will need to be taken to alleviate problems resulting from additional

sewage pressures?

(8) Was Housing NSW aware, prior to purchasing the site, that Lake Macquarie Council had previously refused earlier development applications for this site?

(9)(a) Has Housing NSW responded to the comments from Lake Macquarie Council on the submitted

plans for the site?(b) Did the submitted plans contain some errors?(c) If so, what were those errors?

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(10) Given that the nearest shopping centre is 1.6 kilometres away, how many parking spaces will be provided in the complex for elderly or disabled tenants?

(11)(a) What modifications to the design is Housing NSW proposing in order to take into account the

concerns of Lake Macquarie Council and nearby residents?(b) Will modifications to the proposed plans for the site will be publicly exhibited?

Answer— (1)

(a) No(b) N⁄A

(2) Housing NSW does not purchase any land or properties without a formal valuation. This valuation is conducted by an independent registered property valuer to determine an acceptable purchase price for the land or property. Registered property valuers are licensed by the Institute of Property Valuers and have a professional responsibility to ensure the advice given is accurate and reflects the market at a given time. This is legally reliable advice on which to base property acquisitions.

(3) The costs were in line with quantity surveyor estimates.(4) The vendor provided hydraulic information pertaining to approved Development Consent

concerning hydrology and the resolution of existing easements. Other reports were also prepared.(5) The cost of the project is being re-assessed following a reduction in unit numbers.(6) A Geotechnical Investigation Report was prepared.(7)

(a) No(b) N⁄A

(8) Housing NSW had meetings with Lake Macquarie Council to discuss this development and was aware of an approved application for drainage and earthworks.

(9)(a) Comments were considered as part of the Environmental Impact Assessment.(b) No(c) N⁄A

(10) Surveys have demonstrated that Housing NSW tenants, in particular seniors, are much less likely to own a car than private residents. So instead of building car parks that will sit empty, Housing NSW is building more homes to house people in need.

(11)(a) A range of modifications have been made including the size of this project will be reduced and

will be completed to a full brick finish with mono pitched rooves.(b) No

*4406 EDUCATION AND TRAINING—YASMAR ESTATE—Ms Hale asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, and Vice President of the Executive Council representing the Minister for Education and Training—

(a) Did the Minister for Education and Training meet with representatives of Co.As.It on 14 April 2010?

(b) If so, (i) What was the purpose of the meeting?(ii) Was the future of the Bilingual Italian School on the Yasmar site discussed?(iii) Were any commitments made by the Minister in the meeting or subsequently regarding

the future uses of the Yasmar estate site?(iv) If so, what were those commitments?

Answer—


(a) Yes.(b)

(i) The Minister met with Co.As.It at their invitation in her capacity as the Member for Balmain.

(ii) Yes.(iii) No.(iv) Not applicable.

*4407 LANDS—YASMAR ESTATE—Ms Hale asked the Minister for Planning, Minister for Infrastructure, Minister for Lands—

(1)(a) Has the Minister for Lands appointed the Yasmar Crown Land Reserve Trust Board, as advised

in November 2007?(b) If so, who are the Trust Board's members and when were they appointed?(c) If not,

(i) Why not?(ii) Is the Minister acting as the Yasmar Crown Land Reserve Trust Board?(iii) Who is acting as the Trust Board?

(2)(a) Has the Minister implemented the plan of management involving consultations with the

community over the possible uses of the historic Yasmar House and Gardens, as advised in November 2007?

(b) If not, why not?(c) If so, when and where did consultations take place and who attended?

(3)(a) In November 2007 the Minister told the Parliament that, "The historical Yasmar House is set to

play an important role in meeting the recreational, social and educational needs of the inner west well into the future", how is this vision being implemented?

(b) What is its timeline?

(4) In light of the Government's commitment to encourage more people to use and enjoy Crown reserves and other public lands, when will the Yasmar Crown Land Reserve be gazetted for community purposes?

(5)(a) Is the Minister aware of any negotiations with Co.As.It. to extend beyond December 2010 the

sunset clause in its agreement with the Government?(b) If so, what stage have those negotiations reached?(c) What is the anticipated outcome of those negotiations?

(6)(a) Is the Minister aware that on 14 April 2010 Co.As.It. met with the Minister for Education and

Training?(b) If so, was the Minister for Lands represented at the meeting?(c) If so, by whom was the Minister represented?(d) Has the Minister been advised as to what was discussed about the future of the Bilingual Italian

School on the Yasmar site?

(7) What measures has the Minister taken to ensure that all the state heritage requirements relating to Yasmar are being met?

(8)(a) How much of the rental income received by the Government for the Yasmar Estate has been

used for restoration work at Yasmar?(b) What restoration work has been undertaken?(c) When was it undertaken?

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(9) Has an easement plan been used to widen the driveway on the Yasmar grounds? (a) Has the Minister authorised the sale of any portion of the Yasmar estate lands?(b) If so:

(i) Which portions have been sold?(ii) When did the sales take place?(iii) Who purchased the land?

(10) Does the Minister anticipate that another development application for the site will be lodged within the extended time frame already granted by the Minister?

Answer— (1) My response of 14 November 2007 made no reference to the the appointment of the Yasmar Crown

Land Reserve Trust Board(2) The draft plan of management will be advertised for public consultation once the associated

conservation management plan is completed. The conservation management plan will form part of the plan of management

(3) It will be implemented through the adopted plan of management.(4) The site was reserved for community purposes and government purposes on 19 May 2006.(5) No(6)

(a) Yes(b) Yes(c) Senior Policy Advisor(d) Yes.

(7) The site and buildings are secure and a maintenance regime for the garden is being undertaken. Specific heritage requirements will be addressed by the conservation management plan.

(8) None, since Co.As.is only required to pay a minimum rent until it receives development consent.(9) No(10) This is a matter for Co.As.It.

*4408 WATER—GREASE DISCHARGES FROM SYDNEY'S DEEP WATER OCEAN OUTFALLS FURTHER QUESTION—Dr Kaye asked the Minister for State and Regional Development, Minister for Mineral and Forest Resources, Minister for Major Events, Minister for the Central Coast representing the Minister for Water, and Minister for Corrective Services—

(a) Regarding the Minister for Water's answer to Question on Notice number 4215 of 18 March 2010 entitled "Grease Discharges from Sydney's Deep Water Ocean Outfalls", what reports or documents did the Minister rely on to answer parts four and five of the question?

(b)(i) Are those reports and documents publicly available?(ii) If not, why not?(iii) If so, where can they be found?

Answer— (1) The information used to determine that there has been no significant change in the capture rate for oil

and grease at the three deep water ocean outfall sewage treatment plants over the last five years is not published. It was calculated using data collected as part of Sydney Water's Environmental Monitoring Programs.

(2) A summary of the environmental outcomes of oil and grease discharges from Sydney Water's Deep Water Ocean Outfalls is published in the Sewage Treatment System Impact Monitoring Annual Data Report 2008-2009, available on the Sydney Water website.


*4409 EMERGENCY SERVICES—BUSH FIRE TRAIL REGISTERS—Mrs Pavey asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Primary Industries, Minister for Emergency Services, and Minister for Rural Affairs—

(1) Does each Bush Fire Management Committee in New South Wales maintain Bush Fire Trail registers, as outlined in Policy 2⁄2007 Fire Trails?

(2)(a) Do the Bush Fire Trail registers maintained by the relevant Bush Fire Management Committees,

keep records of the location and status of all fire trails on: (i) Crown or other government-owned land?(ii) Privately owned land?

(b) If so: (i) In what format are these records held?(ii) How regularly are they updated?

(c) If not, why not?

(3) Is any auditing carried out to ensure the Bush Fire Trails registers are up to date?(4) What funds have been allocated to the purpose of preparing, maintaining and updating these records

in each of the following financial years: (a) 2005⁄06?(b) 2006⁄07?(c) 2007⁄08?(d) 2008⁄09?(e) 2009⁄10?

(5)(a) What is the approximate total combined length of fire trails in New South Wales?(b) Is this length an increase or decrease on previous years?

Answer— (1) Yes(2)

(a)(i) Yes(ii) Yes

(b) If so: (i) Spatially.(ii) The records are updated as and when required for example, when a trail is added or

removed or if the carrying capacity changes(c) N⁄A

(3) Yes. NSW Rural Fire Service (NSW RFS) Head office and Regional staff regularly check the registers of fire trails in the mapping program.

(4) There is no specific allocation provided for preparing, maintaining and updating these records. This function is routinely undertaken by NSW RFS staff.

(5)(a) 34,680 kilometres as at 11 June 2010(b) No data exists to calculate this length due to previous information being held in a number of

different formats.

*4410 EMERGENCY SERVICES—BUSH FIRE TANKER PROVISION IN THE 2009/10 FINANCIAL YEAR—Mrs Pavey asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Primary Industries, Minister for Emergency Services, and Minister for Rural Affairs—

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(1) How many new or refurbished bush fire tankers are scheduled to be provided to brigades during the 2009⁄10 financial year?

(2) What is the country of manufacture of the various types of tankers provided during 2009⁄10?(3)

(a) Have there been any defect issues with any of these tankers, which have required recall or other repair?

(b) If so, what are the details of these recalls or repairs?

Answer— (1) 208(2) Cab⁄chassis - Japan, Pump - Germany⁄Japan⁄Australia, Fire body - Australia(3)

(a) Defect issues (i) Hairline fractures⁄cracks on the cross-members of some of the refurbished Isuzu FTS 750

and Fuso FG series chassis.(ii) Recent changes to Australian Design Rules, advised to the Service by the RTA, required

some new Category 1 appliances to have the rear seat belt mounting arrangements modified.

(b) Repairs (i) All affected vehicles have been repaired in line with a methodology agreed upon with

manufacturers.(ii) Nine (9) affected vehicles were recalled repaired and subsequently returned to service.

Vehicles in production at the time were rectified before commissioning.

*4411 CORRECTIVE SERVICES—PARKLEA CORRECTIONAL CENTRE STAFFING LEVELS AND STAFF-TO-INMATE RATIOS—Ms Hale asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Water, and Minister for Corrective Services—

(1) What were the levels of staffing and staff-to-inmate ratios for Parklea Correctional Centre recommended by Corrective Services NSW for each shift when Parklea Correctional Centre was privatised and its management handed to the GEO Group Australia?

(2) Is the GEO Group Australia obliged to conform to these recommended staffing levels and staff-to-inmate ratios?

(3) On which occasions including date and shift information, has the GEO Group failed to conform to these recommended levels?

(4)(a) Does the GEO Group supply details of actual staffing levels and staff-to-inmate ratios per shift

to the Department of Corrective Services?(b) If so, are these details provided on a daily, weekly, or monthly basis?(c) If not, what processes are in place to ensure that the GEO Group is observing recommended

staffing levels and staff-to-inmate ratios?

(5) In determining staffing levels and staff-to-inmate ratios: (a) Does GEO include only personnel employed directly or indirectly by the GEO Group?(b) Does GEO include personnel seconded from the Department of Corrective Services?

(6) What have been the lowest staffing levels and the lowest staff-to-inmates ratios since Parklea was privatised?

(7) On how many occasions have staffing levels or staff-to inmate levels fallen below recommended levels?

(8)(a) Since Parklea's privatisation, have there been instances when as few as 20 staff have been

responsible for overseeing over 700 inmates?(b) If so, what are the dates and times when this has occurred?


(9)(a) Has the GEO Group breached its contract compliance requirements due to inadequate staffing

levels?(b) If so, on how many occasions has it breached those requirements?

(10) On how many occasions since privatisation has the GEO Group been unable to provide sufficient staff at Parklea to comply with its contractual obligations?

(11) On average, how much overtime is being worked by staff at GEO each month?(12)

(a) Does the Department monitor GEO staff overtime levels to ensure that they are not excessive?(b) If not, why not?

(13) Is the Department aware of whether GEO staff are being paid for all overtime worked?(14)

(a) What is the Minister for Corrective Services' response to the recent statement by George C. Zoley, Chairman and Chief Executive Officer of GEO, that GEO's "International Services operating expenses for the first quarter of 2010 were negatively impacted by additional staffing expenses of approximately $1.5 million related to the transition of management of the Parklea Correctional Centre in Australia... " and that "...these staffing expenses are not expected to recur in the second quarter of 2010".

(b) Is there an expectation that the numbers of staff employed by GEO at Parklea or staff-to-inmate ratios will fail to conform to recommended staffing levels or staff-to-inmate ratios in the second quarter of 2010?

(c) Is there an expectation that the numbers of staff employed by GEO at Parklea or staff-to-inmate ratios will decline in the second quarter of 2010?

(15) How is the inherent conflict between the GEO Group Australia's stated aim of providing shareholders with the necessary "returns within targets and budgets through dynamic and continuous growth" and its obligation to provide adequate staffing at Parklea Correctional Centre resolved?

(16)(a) Do the current staffing levels and staff-to-inmate ratios at Parklea Correctional Centre pose risks

to the safety of prison officers, inmates and the community?(b) If so:

(i) What actions has the GEO Group implemented to rectify this situation?(ii) What actions has the Department implemented to rectify this situation?

(17) What are the recommended levels of staffing and staff-to-inmate ratios in New South Wales' publicly operated correctional centres?

Answer— I am advised:(1) Corrective Services NSW (CSNSW) did not recommend any staffing levels or staff-to-inmate

ratios. A staffing model was required to be included in each tender, and once the tender of the GEO Group Australia Pty Ltd was accepted, the staffing model included in that tender became the level of staffing against which CSNSW monitors the GEO Group Australia's compliance. All tenders were subject to a confidentiality deed and I am unable to disclose the contracted staffing model.

(2) See (1) above.(3) From 31 October 2009 to 11 June 2010, there have been no failures to conform to the required

staffing levels.(4) Staff deployment is subject to compliance monitoring under the contract between CSNSW and the

GEO Group Australia Pty Ltd. CSNSW has an on-site monitor who monitors staff deployment on an ongoing basis.

(5)(a) Yes.(b) No.

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(6) For security and contract confidentiality reasons, Corrective Services NSW declines to disclose minimum staffing levels. From 31 October 2009 to 11 June 2010, all staffing levels have conformed to the contract requirements.

(7) Nil.(8) See (6) above.(9)

(a) No.(b) Not applicable.

(10) Nil.(11) This information is not a contractual requirement and is an internal matter for the GEO Group

Australia Pty Ltd.(12)

(a) No.(b) Overtime is an internal matter for the GEO Group Australia Pty Ltd.

(13) This information is not a contractual requirement and is an internal matter for the GEO Group Australia Pty Ltd.

(14)(a) It is not the Minister's role to comment on the GEO Group Australia Pty Ltd's internal financial

status.(b) No.(c) No.

(15) This is not a matter for Ministerial comment. (16) (a) No. (b) Not applicable. (17) There is no "recommended" level. Staffing levels vary according to the infrastructure, inmate profile and individual circumstances of each correctional centre.

*4412 HOUSING—SOCIAL HOUSING PROVIDED UNDER THE FEDERALLY FUNDED STIMULUS PROGRAM—Mr Pearce asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Housing, Minister for Small Business, and Minister Assisting the Premier on Veterans' Affairs—

(1)(a) How many new social housing dwellings have been completed and occupied in stage one of the

federally funded stimulus program?(b) How many new social housing dwellings are under construction as part of stage one of the

federally funded stimulus program?

(2) How many dwellings were demolished on sites upon which new social housing dwellings have been constructed or are under construction in stage one of the federally funded stimulus program?

(3) How many tenants were moved to make way for demolition of existing dwellings to permit construction of stage one dwellings?

(4)(a) How much was paid in the removal costs in respect of those tenancies?(b) How much was paid in respect of reconnection of utilities and services such as electricity, gas,

phone, the internet and mail re-direction in respect of those tenancies?(c) How much rent was waived to help relocated residents settle into new homes?

Answer— (1)

(a) and (b) Under the Nation Building Economic Stimulus Plan, around 6,300 social housing homes will be delivered. Approximately 1,000 of these homes have been completed and occupied or about to be occupied.

(2) Approximately 400 dwellings were demolished.


(3) Approximately 400 tenancies were relocated.(4)

(a) to (c) The costs associated with relocation of Housing NSW tenants will vary from tenant to tenant depending on their circumstances. A copy of Housing NSW's Relocating Tenants for Management Purposes is available on its website www.housing.nsw.gov.au.

*4413 INDUSTRIAL RELATIONS—REFERRAL OF INDUSTRIAL RELATIONS POWERS—Mr Pearce asked the Minister for Transport representing the Minister for Industrial Relations, Minister for Commerce, Minister for Energy, Minister for Public Sector Reform, and Minister for Aboriginal Affairs—

(1) Did the former Minister for Industrial Relations recently address a conference of New South Wales industrial relations practitioners at the Industrial Relations Society in Kiama and state that the Government would move to take back Industrial Relations' powers in certain circumstances?

(2) Can you please outline precisely the circumstances in which the Government would attempt to reverse the referral of industrial relations powers to the Commonwealth?

Answer— (1) This question should be directed to the previous Minister for Industrial Relations.(2) Information in relation to terminating referrals is included in the Industrial Relations Amendment

(Commonwealth Powers) Act 2009, and the Fair Work Act 2009.

*4414 COMMERCE—CONTRACT 100 AND CONTRACT 2010—Mr Pearce asked the Minister for Transport representing the Minister for Industrial Relations, Minister for Commerce, Minister for Energy, Minister for Public Sector Reform, and Minister for Aboriginal Affairs—

(1)(a) Regarding the Minister for Commerce's answer to Question on Notice number 4262 of 20 April

2010, will the Minister release the report by Ernst & Young received in February 2010 into Department of Commerce procurement processes benchmarked against "other commercial operators"?

(b) If so, when will the report be released?(c) If not, on what basis is the release of the report refused?

(2) What were the total reported sales under Contract 100 for the period 1 July 2009 to 31 December 2009?

(3) What were the total reported sales under Contract 2020 for the period 1 July 2009 to 31 December 2009?

Answer— (1)

(a) and (b) The report by Ernst and Young is for administrative purposes of the State Contract Control Board and the Department of Services, Technology and Administration. A copy of the summary report is available from the Legislative Council Procedure Office.

(2) $201,300,072.(3) $17,372,844.

*4415 COMMERCE—INTERNATIONAL LABOR AND SOCIAL SECURITY LAW WORLD CONGRESS 2009—Mr Pearce asked the Minister for Transport representing the Minister for Industrial Relations, Minister for Commerce, Minister for Energy, Minister for Public Sector Reform, and Minister for Aboriginal Affairs—

What was the total financial commitment of the Government to the International Labor and Social Security Law World Congress 2009?

Answer— NSW Industrial Relations was a Bronze Sponsor at a cost of $10,000.

5283


*4416 COMMERCE—PARRAMATTA CITY COUNCIL LEGAL COSTS—Mr Pearce asked the Minister for Transport representing the Minister for Industrial Relations, Minister for Commerce, Minister for Energy, Minister for Public Sector Reform, and Minister for Aboriginal Affairs—

What legal costs have been incurred (whether paid, unpaid, disputed or otherwise) in relation to the R&R Fazzolari Pty Limited versus Parramatta City Council and Mac's Pty Limited versus Parramatta City Council legal cases, including a breakdown of costs of solicitors and barristers and any expert witnesses in relation to proceedings in the Supreme Court, Court of Appeal and High Court?

Answer— The Department of Services, Technology and Administration played no role in either of the Court cases referred to in the question and has no information concerning the costs of proceedings brought under the Land Acquisition (Just Terms Compensation) Act 1991, including by councils or others.

*4417 COMMERCE—DEPARTMENT OF COMMERCE ANNUAL REPORT 2008/09 APPENDIX 19 - OVERSEAS TRAVEL—Mr Pearce asked the Minister for Transport representing the Minister for Industrial Relations, Minister for Commerce, Minister for Energy, Minister for Public Sector Reform, and Minister for Aboriginal Affairs—

Regarding the New South Wales Department of Commerce Annual Report 2008⁄09, Appendix 19 Overseas Travel, what was the total cost of each trip undertaken by each officer nominated in the appendix includinga break down the total costs into airfares, accommodation and other expenses and an itinerary of each officer on each trip?

Answer— List of officer – Annual report – Appendix 19 overseas travel

Total cost each trip

Cost of airfare Cost of accommodation

Details of other expenses (includes local transport, meals, incidentals and conference fees etc)

Dates Itinerary

Will Strachan $6,918. $3,209. $1,654. $2,055. 6 - 12 September 2008

See former Department of Commerce 2008⁄09 Annual Report

Christine Yeats $1,170. $570. $600. Nil 27 - 31 August 2008

As above

Kirsten Thorpe Nil (Note 1) Nil (Note 1) Nil (Note 1) Nil (Note 1) 20 - 27 July 2008

As above

Ann Wright Nil (Note 1) Nil (Note 1) Nil (Note 1) Nil (Note 1) 20 - 27 July 2008

As above

Rod Hawks Nil (Note 2) Nil (Note 2) Nil (Note 2) Nil (Note 2) 12 - 13 August 2008

As above

Matthew Smith Nil (Note 2) Nil (Note 2) Nil (Note 2) Nil (Note 2) 6 - 9 August 2008

As above

Bruce Pettman $454. Nil (Note 2) Nil (Note 2) $454. 8 - 22 November 2008.

As above

John Gan Nil (Note 2) Nil (Note 2) Nil (Note 2) Nil (Note 2) 30 November - 6 December 2008

As above

George Samios Nil (Note 2) Nil (Note 2) Nil (Note 2) Nil (Note 2) 24 - 27 November 2008

As above

Christine Yeats $3,946 $2,158. $1,275. $513. 12 - 19 May 2009

As above

Barry Sharah $1,781. $847. $513. $421. 29 April - 1 May 2009

As above


Susan McHattie

$1,127. $669. $380. $78. 25 - 28 November 2009

As above

Notes:(1) In these instances employees paid the cost of their travel including airfares, accommodation and

other expenses. Where official travel approval is granted the officer is deemed to be on duty and are automatically covered by Department of Services Technology and Administration's insurance arrangements with the NSW Treasury Managed Fund (TMF).

(2) In these instances the cost of travels was met by other NSW government agencies or external entities to the NSW Government.

*4418 LOCAL GOVERNMENT—HORNSBY SHIRE COUNCIL'S PROPOSED RATE INCREASE—Ms Hale asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Local Government, Minister Assisting the Minister for Planning, and Minister Assisting the Minister for Health (Mental Health)—

(1) What advice was Robert Ball, the General Manager of Hornsby Shire Council and other senior staff given when they met with Department of Local Government officials in August⁄September 2009 with regard to Hornsby Shire Council's proposed rate increase?

(2)(a) Were minutes of the meeting kept?(b) If not, why not?

Answer— I provide the following details in response to your questions:(1) The Division of Local Government's Guidelines for the preparation of an application for a special

rate variation the general income in 2010⁄2011 advise: "While the guidelines provide comprehensive information to assist councils in determining the type of special variation that best meets their needs, and the requirements they must meet in preparing their application, councils are encouraged to contact the Division of Local Government to discuss their proposal well in advance of submitting the application". I am advised that on 2 September 2009, officers from the Division of Local Government met with Mr Robert Ball, the General Manager of Hornsby Shire Council, and other senior Council staff for such discussions. I am advised that those discussions were factual in nature and involved the Division's officers explaining the difference between a special variation made under section 508(2) of the Local Government Act 1993 and one made under section 508A of the Act. The Division's officers also explained the different application requirements and assessment criteria that apply to each. I am advised that at no stage was any advice provided by the Division's officers with regard to Hornsby Shire Council's proposed rate increase.

(2)(a) No(b) I am advised that, given that the purpose of the meeting was to provide information to Council

that is already contained in the Division's special rate variation application guidelines, the officers from the Division did not consider the recording of minutes was warranted in the circumstances.


*4419 TRANSPORT—TICKET USE ON THE MOORE PARK SHUTTLE FROM CENTRAL STATION—Mr Ajaka asked the Minister for Transport, Minister for the Central Coast—

(1) Can the following transport tickets be used on the Moore Park Shuttle from Central Station: (a)

(i) MyZone MyBus?

5285


(ii) If not, why not?(b)

(i) MyZone MyMulti?(ii) If not, why not?

(c)(i) Family Funday Sunday?(ii) If not, why not?

(d)(i) Pensioner Excursion tickets?(ii) If not, why not?

(2)(a) Can commuters purchase a single ticket from Central Station for the Moore Park Shuttle?(b) If not, why not?

Answer— I am advised:The Moore Park Shuttle is a premium service that is tailored to a special or specific transport need and as such falls outside the regular public transport fare structure. Further information regarding ticketing arrangements for the Moore Park Shuttle is available at http:⁄⁄www.sydneybuses.info⁄tickets⁄moore-parkmoore-park-special-event.htm.

*4420 PLANNING—LOCAL ENVIRONMENTAL PLAN FOR THE LINDFIELD TOWN CENTRE MASADA TRIANGLE—Ms Hale asked the Minister for Planning, Minister for Infrastructure, Minister for Lands—

(1)(a) In the Lindfield Town Centre Local Environmental Plan (LEP), was the area of land commonly

referred to as the Masada triangle (the Site) zoned R2 in accordance with the draft LEP presented to the Minister for Planning by the Ku-Ring-Gai Planning Panel?


(2) What steps have been taken to allay concerns that the alteration to the zoning of the Site in the gazettal of the Lindfield Town Centre LEP demonstrates a lack of transparency and the exercise of undue influence?

(3)(a) What meetings or other contact have taken place between the current and previous Ministers for

Planning or their staff or Department of Planning officers and representatives of Masada College, North Shore Synagogue, their lobbyists, the Meriton Group, the Managing Director of the Meriton Group or other persons in connection with the Site?

(b) What were the dates and times of any meetings and who was in attendance?(c) Will the minutes of such meetings be made publicly available?(d) If the information requested in (a), (b) and (c) will not be provided, why not?

(4)(a) Did a residents' group write to the Minister and the Department of Planning raising general

concerns about the process and specifically requesting that they be informed if any up-zoning of the Site was contemplated?

(b) Did the Minister or the Department comply with the group's request?(c) If not, why not?

(5) Would a multi-storey development on the Site have severely adverse effects on biodiversity and, in particular, isolate or destroy critically endangered Blue Gum High Forest on the Site?

(6)(a) Did departmental officers carry out a field inspection of the Site to obtain an understanding of

its biodiversity values?



(7)(a) What conditions or requirements have been put in place to protect biodiversity conservation and

conservation of critically endangered species on the Site?(b) How will these protections be assessed and addressed in connection with any development

proposals for the Site?(c) If no such conditions or requirements exist, why not?

(8)(a) Did the Ku-ring-gai Planning Panel determine that a zoning of R2 would be consistent with

neighbouring zoning, including the row of houses in Wolseley Road that are across the road from the Site and are marked as a heritage conservation area in the LEP?

(b) If so, why was different zoning approved?

(9)(a) Did the Ku-ring-gai Planning Panel determine that the zoning of sites on which schools are

situated should reflect the surrounding zoning?(b) If so:

(i) Is such a determination consistent with government policy?(ii) Why was different zoning of the Site approved?

Answer— (1)

(a) No.(b) The Environmental Planning and Assessment Act enables the Department of Planning to revise

and recommend amendments to draft LEPS submitted to the Minister. In the case of Masada, the Department thought the amendments were appropriate.

(2) I have not received any such concerns and am not therefore able to respond.(3)

(a) Minister and Ministerial Staff have had no meetings with Masada, North Shore Synagogue, their lobbyists or The Meriton Group regarding this site.The Department of Planning has no record of meeting with the Meriton Group or its representatives regarding the Masada College Lindfield site. The Department of Planning has had a number of meetings and discussions with Masada College and its representatives since 2006. Department of Planning representatives and the former Planning Minister (Minister Sartor) met with representatives of Masada College and North Shore Synagogue on 12 July 2006.Department of Planning representatives met with representatives of Masada College on 5 March 2010 at 4pm. In attendance were Mr Neil McGaffin (Executive Director, Planning Operations, Department of Planning) and Mr Peter Goth (Regional Director, Sydney West, Department of Planning), Mr Stephen Gross (Masada College) and Mr Lindsay Hunt (Colston Budd Hunt and Kafes). Department of Planning representatives met with representatives of Masada College on 19 April 2010 at 10am. In attendance were Mr Sam Haddad (Director General, Department of Planning), Mr Neil McGaffin (Executive Director, Planning Operations, Department of Planning), Mr Stephen Gross (Masada College) and Mr Lindsay Hunt (Colston Budd Hunt and Kafes).

(b) See 3 (a).(c) Records of Meetings were in accordance of the Department of Planning's Protocol for Meeting

and with the Government's Lobbyist Code of Conduct. Meeting Records will not be made publicly available unless formally requested.

(d) See 3 (c).

(4)(a) Yes.

5287


(b) No.(c) The views of all stakeholders, including the Wolseley and Treatts Road Residents Action Group,

were considered as part of the determination of the Ku-ring-gai Town Centres LEP 2010. It was considered unrealistic to respond to all 1800 submissions individually.

(5) No.(6)

(a) to (b) Yes.

(7)(a) All Blue Gum High Forest is protected under existing State and Commonwealth legislation. The

impact of any development application on Blue Gum High Forest would be assessed under the relevant approvals process.

(b) Any proposal for development on the subject land will be assessed on its merits with consideration being given to relevant local State and Commonwealth legislation. The current LEP controls for the site which protect land with biodiversity significance. As the site is mapped as containing areas of biodiversity significance, such protection will be afforded to the site.

(c) See answer to 7 (b).

(8)(a) Yes.(b) The decision was made to zone the site to R4 due to its proximity to the Lindfield Train Station

and commercial centre of Lindfield.

(9)(a) In most instances, yes.(b)

(i) Yes.(ii) See answer to 8 (b).

*4421 PREMIER—DECLARATION OF POLITICAL DONATIONS AND ELECTORAL EXPENDITURE FOR A CANDIDATE—Ms Hale asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Premier, and Minister for Redfern Waterloo—

(1) Is each candidate standing for election required to declare all donations from all sources to the NSW Election Funding Authority (EFA)?

(2) Is a self-funding candidate standing for election required to declare all personal funds contributed during an election?

(3)(a) Does the Election Funding Authority audit the declarations of candidates?(b) If not, why not?(c) If so, in relation to the 2008 local government elections:

(i) What percentage of declarations were audited?(ii) How many audits have been conducted?(iii) How many audits indicated that a candidate had not complied with the declaration

requirement?(iv) In cases where the candidate failed to comply, what subsequent action was taken?

(4)(a) Where a candidate has declared they have neither received any donations nor spent any money

on their campaign, despite advertisements appearing in local newspapers on behalf of the candidate, would the EFA or the Division of Local Government (DLG) investigate this matter when it related to a local government election?

(b) If no investigation is undertaken, why not?(c) If neither the EFA nor the DLG investigates, who does?


(5) Is the DLG required to refer relevant complaints or the results of its own investigations to the EFA?(6) Is the EFA required to refer relevant complaints or the results of its own investigations to the DLG?(7)

(a) Was the Premier advised that on 11 February 2010 the late Councillor James Loneragan of Mid-Western Council wrote to the DLG regarding the apparent failure of a fellow councillor to properly disclose electoral expenses to the EFA as required by the Act relating to the 2008 local government elections?

(b) Was the complaint referred to the EFA to investigate?(c) If not, why not?(d) Does responsibility for investigation of such complaints lie with the EFA or with the DLG?

(8) Did the Premier receive from the DLG a copy of the Mudgee Guardian dated Friday, 12 September 2008, page five, which shows an advertisement for a councillor's ticket in the election, the same councillor who in his declaration to the EFA indicated that no money had been spent on his campaign?

(9)(a) What advice did the EFA provide to Clr Loneragan?(b) Has the EFA investigated Clr Loneragan's claims?(c) If not, why not?

Answer— I am advised:The obligations on candidates for election are set out in detail in the Election Funding and Disclosures Act 1981 and the Election Funding and Disclosures Regulation 2009. Candidates may obtain further advice about these obligations from the Election Funding Authority.The Election Funding Authority advises that it would investigate the matters of the type described in Question 4 (a) if brought to the Authority's attention.Where a complaint is made in relation to a matter that needs to be examined by another agency, depending upon the circumstances, the Division of Local Government will either refer the complainant to the relevant agency or will refer the complaint to that agency and advise the complainant accordingly.The Division of Local Government advised the late Councillor James Lonergan that complaints relating to electoral expenses are a matter for the Election Funding Authority. The Election Funding Authority is responsible for investigating complaints in relation to matters arising under the Election Funding and Disclosures Act 1981 and the Election Funding and Disclosures Regulation 2009. The Election Funding Authority advises that it has not received any documents in relation to this matter.

*4422 LOCAL GOVERNMENT—DECLARATION OF POLITICAL DONATIONS AND ELECTORAL EXPENDITURE FOR A CANDIDATE—Ms Hale asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Local Government, Minister for Juvenile Justice, Minister Assisting the Minister for Planning, and Minister Assisting the Minister for Health (Mental Health)—

(1) Is each candidate standing for election required to declare all donations from all sources to the NSW Election Funding Authority (EFA)?

(2) Is a self-funding candidate standing for election required to declare all personal funds contributed during an election?

(3)(a) Does the EFA audit the declarations of candidates?(b) If not, why not?(c) If so, in relation to the 2008 local government elections:

(i) What percentage of declarations were audited?(ii) How many audits have been conducted?(iii) How many audits indicated that a candidate had not complied with the declaration

requirement?

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(iv) In cases where the candidate failed to comply, what subsequent action was taken?(4)

(a) Where a candidate has declared they have neither received any donations nor spent any money on their campaign, despite advertisements appearing in local newspapers on behalf of the candidate, would the EFA or the Division of Local Government (DLG) investigate this matter when it related to a local government election?

(b) If no investigation is undertaken, why not?(c) If neither the EFA nor the DLG investigates, who does?

(5) Is the DLG required to refer relevant complaints or the results of its own investigations to the EFA?(6) Is the EFA required to refer relevant complaints or the results of its own investigations to the DLG?(7)

(a) Did the late Councillor James Loneragan of Mid-Western Council write to the DLG on 11 February 2010 regarding the apparent failure of a fellow councillor to properly disclose electoral expenses to the EFA as required by the Act relating to the 2008 local government elections?

(b) Was the complaint referred to the EFA to investigate?(c) If not, why not?(d) Does responsibility for investigation of such complaints lie with the EFA or with the DLG?

(8) Was the DLG supplied with a copy of the Mudgee Guardian dated Friday, 12 September 2008, page five, which shows an advertisement for a councillor's ticket in the election, the same councillor who in his declaration to the EFA indicated that no money had been spent on his campaign?

(9)(a) What advice did the EFA provide to Councillor Loneragan?(b) Has the EFA investigated Councillor Loneragan's claims?(c) If not, why not?

Answer— I provide the following details in response to your questions:(1) This question should be directed to the Election Funding Authority.(2) This question should be directed to the Election Funding Authority.(3) This question should be directed to the Election Funding Authority.(4) The Division of Local Government has no role in the administration of the provisions of the Election

Funding and Disclosures Act 1981.The question should be directed to the Election Funding Authority.

(5) No. The Division of Local Government has no role in the administration of the provisions of the Election Funding and Disclosures Act 1981. Where the Division receives a complaint alleging non-compliance with that Act, it will advise the complainant to raise their concerns with the appropriate regulatory agency, the Election Funding Authority.

(6) No.(7) It would not be appropriate for me to comment on individual complaints dealt with by the Division

of Local Government.(8) It would not be appropriate for me to comment on individual matters dealt with by the Division of

Local Government.(9) This question should be directed to the Election Funding Authority.

*4423 LANDS—CROWN LAND PUBLIC ROAD CLOSURE SALES—Ms Hale asked the Minister for Planning, Minister for Infrastructure, Minister for Lands—

(1) Where a crown road that has been offered for sale by the Department of Lands cannot be sold, whose responsibility is it to control weeds and reduce fire hazards on the road?

(2) In the case of a closed road that has not been sold and where the crown road has been fenced, whose responsibility is it to maintain the fencing?


(3) In the case of a closed crown public road being sold, is it the responsibility of the Department of Lands to pay for a survey of the road prior to sale, or is it the responsibility of the new owner of the land?

(4)(a) Where an existing alternate route to a neighbouring property exists through railway land, and it

has been the custom and practice for neighbours to use this route, are the new owners of the land obliged to allow road access to neighbours along the old crown road route where the old 'road' has never been formed?

(b) If so, who pays for the formation and fencing of the new private road?

Answer— (1) Regardless of any sales process, responsibility for the control of noxious weeds rests with the Land

and Property Management Authority unless the Crown road is held under an enclosure permit, in which case responsibility rests with the permit holder. The Authority also has responsibility for fire hazard control on Crown roads.

(2) The adjoining landholder.(3) Survey is the responsibility of the purchaser.(4)

(a) Any member of the public has the right to pass along a Crown road, whether that be on foot, in a vehicle or otherwise.

(b) Generally, the cost of any formation is borne by the user of the road, while the cost of fencing is borne by the adjoining landholder.

*4424 ATTORNEY GENERAL—COURTLINK AND JUSTICELINK—Mr Clarke asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council—

(1) What was the CourtLink and JusticeLink allocated budget in the following years: (a) 2006⁄07?(b) 2007⁄08?(c) 2008⁄09?(d) 2009⁄10?

(2) What was the CourtLink and JusticeLink budget expenditure in the following years: (a) 2006⁄07?(b) 2007⁄08?(c) 2008⁄09?(d) 2009⁄10?

(3) What was the total allocated budget for changing and transitioning from CourtLink to JusticeLink?(4) What was the total budget expenditure for changing and transitioning from CourtLink to

JusticeLink?(5) What was the CourtLink and JusticeLink allocated overtime budget in the following years:

(a) 2006⁄07?(b) 2007⁄08?(c) 2008⁄09?(d) 2009⁄10?

(6) What was the CourtLink and JusticeLink budget overtime expenditure in the following years: (a) 2006⁄07?(b) 2007⁄08?(c) 2008⁄09?(d) 2009⁄10?

Answer—

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I am advised:(1) and (2) The JusticeLink project was allocated a total capital budget rather than have amounts allocated to each financial year. The member is referred to the budget papers from the relevant years.(3) Nil.(4) No specific budget was allocated for changes and "transitioning" from Courtlink to JusticeLink. Courtlink was not trademarked. Trademark JusticeLink costs were $50,569.41.(5) and (6) There was no allocated overtime budget from 06⁄07 to 09⁄10. The project has a global budget with no specific time items. Overtime was used as required during separate stages of the project.


*4425 PLANNING—PERPETUAL LEASES ON GOVERNMENT LAND SALES—Mr Pearce asked the Minister for Planning, Minister for Infrastructure, Minister for Lands—

(1) Regarding the Government's offer of the sale of land subject to perpetual lease to the leaseholder since 2004, does the Government's sale price take full cognisance of the impact of the covenants imposed on the land prior to sale on the capacity of the land to generate ongoing income consistent with prior use?

(2) How many applications made for purchase of perpetually leased land were made subject to covenants before the offer of sale was processed?

(3) For those who have not lodged an application to purchase: (a) What is the average monetary value increase on annual leasehold charges?(b) What is the percentage increase on annual leasehold charges?

(4) What type of covenants have been imposed on prospective purchasers of the perpetual leases that did not generally reflect previous lease conditions?

(5) In how many cases have covenants been imposed on prospective purchasers of the perpetual leases that did not generally reflect previous lease conditions?

(6) Regarding the perpetual leases up for sale on which covenants have been applied: (a) When had the leased land been inspected for compliance with lease conditions prior to the

application for purchase being lodged?(b) How often had the leased land been inspected for compliance with lease conditions prior to the

application for purchase being lodged?

(7) What scope exists in the "negotiated outcome" in respect of the imposition of a covenant to vary the covenant?

(8)(a) Was an appeal or review process envisaged in the purchase arrangements in respect to the

imposition of covenants or setting of the purchase price?(b) If not, why not?

(9) Given the acknowledged very limited equity still held by the Crown in the perpetual leases, why does the Government seek to impose heavily restrictive covenants on the land after purchase?

Answer— (1) The sale price reflects the current productive capacity of the land.(2) All perpetual leases are subject to the conditions contained in Schedule 6 of the Crown Lands

(Continued Tenures) Act 1989.(3)

(a) $1474.(b) 362%.


(4) The covenants generally reflect the conditions contained in Schedule 6 of the Crown Lands (Continued Tenures) Act 1989. However, rather than applying to the whole of the lease, they only apply to those parts identified by agreement as containing significant environmental values.

(5) None.(6) The level of compliance activity on perpetual leases has historically been influenced by the resources

available to undertake the work. The compliance strategy has also included a component of leaseholder self-compliance.

(7) All reasonable endeavours are made to discuss the proposed covenants with lessees during the assessment process. The covenants are then drafted and forwarded to the lessee for review and are only placed on title with his⁄her written agreement.

(8) No. The Special Purchase Notice that was sent to all eligible perpetual leaseholders outlined the price of the offer together with the conditions that would apply by the imposition of covenants.

(9) The covenants are designed to protect existing environmental values whilst allowing existing lawful land use to continue.

*4426 CORRECTIVE SERVICES—PARKLEA CORRECTIONAL CENTRE DEATHS IN CUSTODY—Ms Hale asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Water, and Minister for Corrective Services—

(1)(a) How many deaths of prisoners in custody at Parklea Correctional Centre have occurred since

Parklea Correctional Centre was privatised and its management handed to the GEO Group Australia?

(b) What were the dates of each death?(c) What were the circumstances surrounding each of these deaths?(d) When is it anticipated that coronial inquiries will be held into each death?

(2)(a) What actions have the Department of Corrective Services and GEO Group Australia undertaken

to prevent any future deaths?(b) Were those actions subject to scrutiny and approval by the Department?

(3)(a) How many deaths in custody have occurred in publicly managed correctional facilities since 31

October 2009?(b) What were the dates of each death?(c) What were the circumstances surrounding each death?(d) When is it anticipated that coronial inquiries will be held into each death?

(4) Of the deaths which have occurred in publicly managed correctional facilities since 31 October 2009, what actions has the Department put in place to prevent future deaths?


(a) From 31 October 2009 to 30 June 2010, there has been one death in custody at Parklea Correctional Centre.

(b) 30 June 2010.(c) The circumstances of a death in custody are a matter for the Coroner.(d) No date has yet been set.

(2) Corrective Services NSW and the GEO Group Australia Pty Ltd will investigate and review the circumstances of the death to ascertain any necessary changes to practices and procedures.

(3)(a) 12 (as of 30 June 2010).(b) 3, 15 and 24 December 2009; 25 February 2010; 13, 21 and 24 April 2010; 15 May 2010; and 2,

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8, 14 and 30 June 2010.(c) The circumstances surrounding each death are a matter for the Coroner.(d) The scheduling of Coronial inquests does not fall within my portfolio.

(4) Corrective Services NSW constantly reviews its practices and procedures in the light of any critical incidents that occur in the correctional system.

*4427 TRANSPORT—MORTDALE COMMUTER CAR PARK—Ms Hale asked the Minister for Transport, Minister for the Central Coast—

(1) Will the construction of a new commuter car park at Mortdale Railway Station, as announced in the Budget Papers 2010-11, result in the demolition of the former Woronora Lodge Masonic Temple located at 27 Cook St Mortdale?

(2)(a) Have any staff from the Minister for Transport's office or from the Department of Transport met

with officers from Hurstville Council regarding State Government funding for the proposed car park at 27 Cook St Mortdale?

(b) If so: (i) On what date did the meetings occur?(ii) What was agreed between the parties?(iii) Will the minutes of the meetings be released?(iv) If so, when?

(3)(a) Is the Woronora Lodge Masonic Temple listed as a heritage item on Hurstville Council's Local

Environmental Plan?(b) If so, what action will the Minister take to ensure this heritage item is protected?

(4)(a) What restrictions exist on the expenditure of state funds when such expenditure would result in

the destruction of a heritage item listed by a local government?(b) What are the obligations of the Minister in such circumstances?

Answer— I am advised:(1) The site for a new commuter car park at Mortdale Railway Station is still being finalised.(2)

(a) and (b) Transport NSW and Transport Construction Authority representatives met with Hurstville City Council officers on-site in Mortdale on 23 April 2010 regarding potential opportunities for commuter car parking in Mortdale. It was agreed to continue discussions about future commuter car parking opportunities, including 27 Cook Street, subject to Council requirements.

(3)(a) and (b) The Woronora Lodge Masonic Temple is listed as a heritage item under the Hurstville

City Council Local Environment Plan 1994. This heritage item is the responsibility of Hurstville City Council.

(4)(a) and (b) Responsibility for protection and management of heritage items listed on the relevant

Council's Local Environmental Plan rests with local government. There are no restrictions on the expenditure of State funds once the determining authority has made a decision.

*4428 PLANNING—MORTDALE COMMUTER CAR PARK—Ms Hale asked the Minister for Planning, Minister for Infrastructure, Minister for Lands—


(1) Will the construction of a new commuter car park at Mortdale Railway Station as announced in the Budget Papers 2010-11 result in the demolition of the former Woronora Lodge Masonic Temple at 27 Cook St Mortdale?

(2)(a) Is the former Woronora Lodge Masonic Temple currently listed as an interim item on the State

Heritage register?(b) If not, when was it removed from the listing and why?

(3)(a) Is the former Woronora Lodge Masonic Temple currently listed as a heritage item on Hurstville

Council's Local Environmental Plan?(b) If not, when was it removed and why?(c) If so, what action will the Minister for Planning take to ensure this heritage item is protected?

(4)(a) What restrictions exist on the expenditure of state funds when such expenditure would result in

the destruction of a heritage item listed by a local government?(b) What are the obligations of the Minister in such circumstances?

Answer— (1) Only if the Hurstville City Council approves the demolition of the Building.(2)

(a) No.(b) An interim Heritage Order was placed over the former Woronora Lodge Masonic Temple on 12

January 2001 that automatically lapsed after 12 months.

(3)(a) Yes.(b) N⁄A.(c) As such, demolition of a local heritage item must be considered and assessed by Hurstville City

Council.

(4)(a) Demolition of a local heritage item must be assessed by the relevant local Council.(b) As this is a local heritage item, the Minister has no obligation in this circumstance.


*4429 MINERAL AND FOREST RESOURCES—FERAL HORSES AND CATTLE—Mr Cohen asked the Minister for Ageing, Minister for Disability Services, Minister for Volunteering, and Minister for Youth representing the Minister for Mineral and Forest Resources, Minister for Ports and Waterways, and Minister for the Illawarra—

(a) Have Forests NSW indicated that feral horses and cattle cause no noticeable impact on montane peatland?

(b) If so, on what basis is the Murrumbidgee Catchment Management Authority undertaking a pilot study to protect the montane peatlands from feral horses?

Answer— (a) I am advised Forests NSW has no record of making this statement.(b) This is a question for the Hon. Frank Sartor MP, Minister for Climate Change and the

Environment.

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*4430 MINERAL AND FOREST RESOURCES—CODE OF PRACTICE FOR PRIVATE NATIVE FORESTRY AND PLANTATIONS—Mr Cohen asked the Minister for Ageing, Minister for Disability Services, Minister for Volunteering, and Minister for Youth representing the Minister for Mineral and Forest Resources, Minister for Ports and Waterways, and Minister for the Illawarra—

(1)(a) Are codes of practice for private native forestry and plantations in relation to management and

protection of aboriginal objects consistent with accepted judicial precedent on due diligence?(b) If so, on what basis do the provisions of these codes satisfy a basic level of due diligence?

(2) On what basis should codes of practice for private native forestry and plantations be exempt from a basic level of due diligence in relation to management of aboriginal objects, while other industries be subject to minimum standards?

Answer— This is a matter for the Minister for Climate Change and Environment.

*4431 MINERAL AND FOREST RESOURCES—ENDANGERED SPECIES EXTINCTION—Mr Cohen asked the Minister for Ageing, Minister for Disability Services, Minister for Volunteering, and Minister for Youth representing the Minister for Mineral and Forest Resources, Minister for Ports and Waterways, and Minister for the Illawarra—

(1)(a) Does water from Myrtle Creek maintain life in the vulnerable Bega Wet Scrub Forest, climax

remnants of Brown Barrel and Silvertop Ash, which are home to the vulnerable Sooty Owl, the vulnerable Powerful Owl, the vulnerable Giant Burrowing Frog, the vulnerable Yellow-bellied glider, and the endangered Long-footed Potoroo amongst other mammalian species?

(b) Is water from Myrtle Creek under threat from logging operations?

(2) What plans are in place to achieve the 2010 targets set by the United Nations biodiversity treaty to halt species extinction?

Answer— (1)

(a) Myrtle Creek and other creeks, streams and rivers in the area sustain a wide range of flora and fauna.

(b) Available hydrological data suggests the proposed harvesting in the Yurammie State Forest would have a negligible impact on Myrtle Creek flows.

(2) This is a question for the Hon Frank Sartor MP, Minister for the Environment.

*4432 HEALTH—CONCORD FORESHORE WALK—Ms Hale asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Deputy Premier, and Minister for Health—

(1) Which organisations and governments were signatories to the agreement that led to the construction of the Concord Foreshore Trail that was officially opened by the Hon Robert Carr on 20 April 1985?

(2)(a) What process does that agreement set out in the event that any party wishes to vary the

agreement?(b) What are the obligations of each party regarding variations?

(3) The 1999 Masterplan, as amended in 2004, stated that: "foreshore public access will be retained...", but that, "...it is not proposed to provide enhanced public access to the site." In a submission to Canada Bay Council by the Department of Planning and the Department of Health, the Masterplan proposed to create a formal path through the hospital to link the Trail with the Kokoda Memorial Walkway. It also allowed a setback of 40 metres from the foreshore edge for Mental Health facility buildings. (a) When was it decided to build new buildings and car parks to within a few metres of the

foreshore?


(b) Why was it decided to build new facilities so close to the foreshore?(c) Which bodies were consulted about constructing new facilities for the mental health facility?(d)

(i) Were signatories to the foreshore walk agreement consulted?(ii) If not, why not?

(e) What were the signatories recommendations?

(4)(a) Did the Department of Planning or the Department of Health seek to replicate the sharing of the

foreshore similar to what has been done for many years at Rozelle by erecting signs requesting members of the public to respect the needs of psychiatric patients?


(5) Will the Minister meet with Canada Bay Council, the Walking Volunteers and other interested groups to discuss reinstating the foreshore walk in a way that maintains access to the harbour to all who wish to use the walk and at the same time allow mental health patients to enjoy the harbour unmolested as has been the practice at Rozelle for very many years?

Answer— I am advised:It is understood that an agreement was made between the relevant health services and Concord Municipal Council to establish a walking trail around the foreshore in 1985.Foreshore access on the Concord Hospital campus is provided in accordance with the 2004 Masterplan which was approved by Canada Bay Council.The first priority is for the patients receiving care and treatment at Rivendell and the Concord Centre for Mental Health.

*4433 PLANNING—CONCORD FORESHORE WALK—Ms Hale asked the Minister for Planning, Minister for Infrastructure, Minister for Lands—

(1) Which organisations and governments were signatories to the agreement that led to the construction of the Concord Foreshore Trail that was officially opened by the Hon Robert Carr on 20 April 1985?

(2)(a) What process does that agreement set out in the event that any party wishes to vary the

agreement?(b) What are the obligations of each party regarding variations?

(3)(4) The 1999 Masterplan, as amended in 2004, stated that "foreshore public access will be retained...",

but that, "...it is not proposed to provide enhanced public access to the site." In a submission to Canada Bay Council by the Department of Planning and the Department of Health, the Masterplan proposed to create a formal path through the hospital to link the Trail with the Kokoda Memorial Walkway. It also allowed a setback of 40 metres from the foreshore edge for Mental Health facility buildings. (a) When was it decided to build new buildings and car parks to within a few metres of the

foreshore?(b) Why was it decided to build new facilities so close to the foreshore?(c) Which bodies were consulted about constructing new facilities for the mental health facility?(d)

(i) Were signatories to the foreshore walk agreement consulted?(ii) If not, why not?

(e) What were the signatories recommendations?

(5)(a) Did the Department of Planning or the Department of Health seek to replicate the sharing of the

foreshore similar to what has been done for many years at Rozelle by erecting signs requesting members of the public to respect the needs of psychiatric patients?

5297



(6) Will the Minister meet with Canada Bay Council, the Walking Volunteers and other interested groups to discuss reinstating the foreshore walk in a way that maintains access to the harbour to all who wish to use the walk and at the same time allow mental health patients to enjoy the harbour unmolested as has been the practice at Rozelle for very many years?

Answer— The Department of Planning has no knowledge of the nature of the access agreements made among health bodies and the local council in 1985.The questions asked by the Honourable Member should be addressed to the Minister for Health.

*4434 ENERGY—WALLERAWANG POWER STATION - IDENTIFYING POTENTIAL DAMAGE TO CONDENSER TUBES—Dr Kaye asked the Minister for Transport, Minister for the Central Coast representing the Minister for Industrial Relations, Minister for Commerce, Minister for Energy, Minister for Public Sector Reform, and Minister for Aboriginal Affairs—

(1)(a) Was the potential for corrosion damage to the condenser tubes at Wallerawang Power Station

identified before salty mine water was used at the power station?(b) If not, when was it identified?

(2) Would such an identification have saved New South Wales electricity comsumers the cost of repair bills for tens of millions dollars?

(3) What steps are being taken to prevent plant corrosion from the use of salty mine water for cooling at Wallerawang Power Station?


(a) to (b) Yes, corrosion arises from normal operations.

(2) Not applicable.(3) Corrosion cannot be prevented. Water treatment procedures are in place to maximise the life of

generating assets.

*4435 ENERGY—WALLERAWANG POWER STATION - COST OF REPAIRS—Dr Kaye asked the Minister for Transport, Minister for the Central Coast representing the Minister for Industrial Relations, Minister for Commerce, Minister for Energy, Minister for Public Sector Reform, and Minister for Aboriginal Affairs—

(1) Are the repair costs for Wallerawang Power Station Unit 7 approximately $25 million including the replacement of the condenser tubes?

(2) What are the repair costs for Unit 8?

Answer— I am advised:(1) No. This was planned major cyclical outage work at Wallerawang Unit 7 undertaken to ensure

efficient operations. Work was completed on the generator transformer, boiler tubes, turbine blades and condenser tubes at a total cost of $25.7 million. The cost of replacing condenser tubes was $6 million.

(2) The cyclical outage work for Unit 8 is to be completed in 2010 which will be more extensive in scope than that of Unit 7. The total cost for the Unit 8 refurbishment is expected to be $45.6 million with the condenser cost $5.7 million, or 12.5 per cent of the total expenditure on the outage.


*4436 ENERGY—WALLERAWANG POWER STATION - REPLACEMENT OF CONDENSER TUBES—Dr Kaye asked the Minister for Transport, Minister for the Central Coast representing the Minister for Industrial Relations, Minister for Commerce, Minister for Energy, Minister for Public Sector Reform, and Minister for Aboriginal Affairs—

(a) Under the Environment Protection Licence is Delta Electricity now required to replace condenser tubes in Wallerawang Power Station Unit 8?

(b) If so, are the required repairs to Wallerawang Power Station Unit 8 due to corrosion from high levels of salinity and grit in the mine water used at the power station from the Springvale Colliery Transfer?

(c) If not, what is the cause or causes for the need to replace condenser tubes?

Answer— I am advised:

(a) Yes.(b) No. Work will be undertaken as part of planned major cyclical outage work on several major

aspects of this generating asset.(c) Power station condenser tubes require replacement routinely as plants age. The tube material

used in the 1970's was not expected to last the life of the plant and replacement after 30 years of service is not unexpected.

*4437 ENERGY—WALLERAWANG POWER STATION - USE OF SALTY MINE WATER—Dr Kaye asked the Minister for Transport, Minister for the Central Coast representing the Minister for Industrial Relations, Minister for Commerce, Minister for Energy, Minister for Public Sector Reform, and Minister for Aboriginal Affairs—

(1) When will Delta Electricity end the use of salty mine water at Wallerawang Power Station?(2) Does the salty mine water used at Wallerawang Power Station pollute the Coxs river when

discharged from the power station?

Answer— I am advised:(1) Delta Electricity has no plans to discontinue use of mine water and will continue to manage all

available water resources in order to maintain a reliable supply of electricity.(2) No, Delta has not been in breach of the Wallerawang Environmental Protection Licence.

*4438 ENERGY—WALLERAWANG POWER STATION - SALINITY-INDUCED CORROSION—Dr Kaye asked the Minister for Transport, Minister for the Central Coast representing the Minister for Industrial Relations, Minister for Commerce, Minister for Energy, Minister for Public Sector Reform, and Minister for Aboriginal Affairs—

Regarding Question on Notice No. 2358 asked on 14 November 2008, why was the answer 'No' when two and a half years later the condenser tubes in Unit 8 need to be replaced?

Answer— Power station condenser tubes require routine replacement as the plant ages.

*4439 PLANNING—WEST WALLSEND RESIDENTIAL SUB-DIVISION DEVELOPMENT—Ms Hale asked the Minister for Planning, Minister for Infrastructure, Minister for Lands—

(1)(a) On 11 May 2010 did the Chair of the Hunter & Central Coast Region Planning Panel asked the

General Manager of Lake Macquarie Council to supply no later than 10 June 2010 a final assessment report on a development application for the West Wallsend Residential Subdivision because of the lapsing of well over 120 days since lodgement of the application?

5299


(b) To comply with the 10 June 2010 deadline would the council need to ignore the legislative requirement for public exhibition and submissions on the proponent's amended Species Impact Statement, which cannot conclude until 25 June 2010?

(c) What other options did Council have but to comply with State legislation?

(2)(a) Did the General Manager of Lake Macquarie Council in a letter on 20 May 2010 to the Chair of

the Hunter & Central Coast Region Planning Panel write regarding the proposed West Wallsend residential sub-division stating that there was an, "absence of critical supporting information", and that the applicant had 'ignored' pre-lodgement advice?

(b) If so, was the council responsible for the delay?(c) If the council is responsible for the delay, why?(d) If the council is not responsible for the delay, why not?

(3)(a) Is it the case that:

(i) The development makes no allowance for small lot housing (contrary to the requirements of the Lake Macquarie LEP 2004)?

(ii) The proposed lots 901-906 have building envelopes with slopes in excess of 25%?(iii) All heritage matters on the site have not been addressed?(iv) The proposed fauna corridor is not wide enough?(v) No written consent has been obtained from property owners to construct a stormwater

pipeline through their property?(vi) There are outstanding road issues with the proposal?

(b) If so, how should Lake Macquarie Council address these issues in instances where the developer has failed to provide the required information?

(4) Is the delay in processing this development application due to lack of information from the developer in resolving these issues?

(5) Has the Department of Environment and Climate Change and Water indicated that it cannot provide the required concurrences until after 10 June 2010?

(6)(a) Will the Chair of the Panel be requested to withdraw his request that a final assessment report

be provided to the Joint Regional Planning Panel by 10 June 2010 or before all relevant information has been supplied by the developer and State Government authorities?


Answer— (1)

(a) Yes, but the application had been with council for assessment for 270 days, not merely 120 days.

(b) No. When the letter was sent the requirements for public exhibition of the application had been satisfied.

(c) Council received an amended Species Impact Statement from the applicant on 13 May 2010. On 20 May Council advised the Panel Chair of the need for re-exhibition with the submission closing period being 25 June 2010. I understand that the Panel Chair properly accepted Council's revised timetable.

(2)(a) Yes.(b) Councils have an obligation to assess applications within a reasonable time having regard to the

complexity of the issues involved. They are responsible for ensuring that applications are validly made, come with owner's consent and that sufficient information is supplied by the applicant at lodgement, or soon after, to enable assessment the assessment of the application. Applicants are obliged to lodge valid applications, provide adequate information to enable the application to be assessed on lodgement or soon after, and to respond promptly to any reasonable request of Council.


(c) See 2 b.(d) See 2 b.

(3) As Lake Macquarie Council has been unable to provide the Joint Regional Planning Panel with an assessment report into this application, now after more than 300 days, you should direct these questions to Lake Macquarie Council.

(4) The proponent has been in part responsible for the delays. However Lake Macquarie Council has also not undertaken its processing of this application in accordance with best practice assessment as outlined in Principles Circular PS 10-009.

(5) Lake Macquarie Council have now advised that the amended Species Impact Statement may still be inadequate, and have not yet sought concurrence from the Department of Environment, Climate Change and Water.

(6)(a) The final assessment report has not been able to be delivered by 10 June 2010. However,

ultimate finalisation of the assessment report will remain a matter for the Panel Chair and the Council.

(b) It is important that applications for regionally significant development are appropriately assessed and determined as promptly as possible given the economic benefits they deliver to the region and the local government area. The community is also entitled to have these proposals resolved as promptly as possible quickly so that they too can plan around these future developments. I fully support the work of Regional Panel Chairs in following up older applications and encourage councils to continue to work co-operatively with Panel Chairs and advise them in advance of timeframes in order to deliver real benefits and certainty to the community.

*4440 PRIMARY INDUSTRIES—MYALL LAKE OYSTER LEASES—Mr Gay asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Primary Industries, Minister for Emergency Services, and Minister for Rural Affairs—

(1)(a) Of the 13 oyster leases on the Myall Lakes, are only two still operating?(b) Are the remaining 11 oyster farmers still required to pay lease fees to State Government of

$1000 a year even though they are not operating?(c) If so, why?

(2) What advice or help can be given to these farmers who are struggling due to the inconsistency of being able to harvest and the siltation build up?

Answer— (1)

(a) There are no oyster leases on the Myall Lakes. There are 14 oyster leases at the mouth of the Myall River. Nine of these are current or under new application. Five of these are non-current.

(b) Yes.(c) All current aquaculture permit and lease holders must pay fees in accordance with the Fisheries

Management Act 1994 and the Fisheries Management (Aquaculture) Regulation 2007.

(2) Farmers suffering from financial hardship can apply to I&I NSW for waiver of lease rental, research and permit contribution charges. NSW Rural Financial Counsellors can also provide assistance.

*4441 PRIMARY INDUSTRIES—CROWDY HEAD HARRINGTON WHARF—Mr Gay asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Primary Industries, Minister for Emergency Services, and Minister for Rural Affairs—

(1)(a) What future plans are there for the harbourside at Crowdy Head Harrington given the dangerous

condition of disrepair the wharf is in?(b) What plans for work and funding commitments are in place for this wharf?

5301


(2) What plans for work and funding commitments are in place to dredge the harbour to ensure the local fishing and tourism industry is viable?

Answer— This is a matter for the Hon Tony Kelly MLC Minister for Lands.

*4442 TRANSPORT—GOSFORD FREIGHT TRAIN NOISE POLLUTION—Ms Rhiannon asked the Minister for Transport, Minister for the Central Coast—

(1) Since February 2010 have freight trains near Gosford railway station started blowing their horns extremely loudly between the Brian McGowen overhead bridge and the Donnison Street rail bridge between 2:30am and 5:30am at the following dates and times: (a) Saturday 15 May 2010:

(i) 2:18am - 4 blasts?(ii) 2:30am - 4 blasts?(iii) 2:37am - 1 blasts?(iv) 4:41am - 6 blasts?(v) 5am-5:30am - 10 blasts?

(b) Tuesday 18 May 2010: (i) 2:30am - 3 blasts?(ii) 4:05am - 5 blasts?(iii) 4:08am - 4 blasts?(iv) 4:10am - 4 blasts?(v) 4:11am - 4 blasts?

(2) Will this noise pollution be investigated by RailCorp, considering it is depriving residents in the vacinity of sleep and the quiet enjoyment of their homes, even in homes that have installed sound-proofing?

(3)(a) Is this practice in breach of provisions of the Protection of the Environemtn Operations Act

1977 regarding offensive noise?(b) If so, will those involved be prosecuted?

Answer— (1)

(a) (i) to (v) I am advised by RailCorp that there were no freight train movements around Gosford at these times but that passenger trains are stabled overnight at Gosford and prepare for commuter operations before 03.30am.Prior to taking a train into service drivers must test the key components of the train's safety equipment to ensure they are in working order including the train horn.A train cannot enter operational service if its horn is not working.

(b) Please refer to (1) (a) (i) to (v).

(2) I have asked RailCorp to review its use of train horns in Gosford and to look at further options to reduce the noise impact on residents while continuing to uphold safety standards.

(3)(a) I am advised that it is a requirement for RailCorp's Train Drivers to sound the train horn in

certain situations as per RailCorp's network rules and procedures. These rules and procedures are in place due to obligations and requirements on RailCorp under, but not limited to, the Rail Safety Act 2008.

(b) N⁄A.



*4443 MINERAL AND FOREST RESOURCES—ECONOMIC BENEFITS OF A PLANTATION LOGGING INDUSTRY—Ms Rhiannon asked the Minister for Ageing, Minister for Disability Services, Minister for Volunteering, and Minister for Youth representing the Minister for Mineral and Forest Resources, Minister for Ports and Waterways, and Minister for the Illawarra—

(1) Has research been commissioned, or will research be commissioned, to support claims that since New Zealand ceased native forest logging 10 years ago and moved to a plantation based industry, unemployment rates fell in certain regions such as the West Coast of the South Island where native forest logging was dominant?

(2) Has research been commissioned, or will research be commissioned, to support claims that a similar economic benefit occurred in Pemberton WA when most native forest logging ceased in that district?

Answer— (1) and (2) No.

*4444 ROADS—NSW 2010 BIKE PLAN PROJECTS—Ms Rhiannon asked the Minister for Transport, Minister for the Central Coast representing the Minister for Roads, and Minister for Western Sydney—

Are the following works included in the $158 million allocated over ten years for the new NSW 2010 Bike Plan:(1)

(a) Ernest Street underpass and continuation to the Falcon Street, North Sydney?(b) If so, when is it estimated work will begin?

(2)(a) Falcon Street underpass to the Ridge Street overpass, North Sydney?(b) If so, when is it estimated work will begin?

(3)(a) Naremburn to Miller Street, North Sydney on the level and connecting to the section along the

new bus layover?(b) If so, when is it estimated work will begin?

(4)(a) Ridge Street overpass, North Sydney to Harbour Bridge?(b) If so, when is it estimated work will begin?

Answer— (1) to (4) Three of these works are included in the 2010 Bike Plan. These works are scheduled to

commence in 2011⁄12 or 2012⁄13. The Ridge Street overpass works are the subject of further investigation.

*4445 EMERGENCY SERVICES—MILITARY TRAINING OPERATION—Ms Rhiannon asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Primary Industries, Minister for Emergency Services, and Minister for Rural Affairs—

(1) Was the Minister for Emergency Services or NSW Emergency Services notified of or involved in the joint American and Australian military training operation conducted from 27 April 2010 to 29 May 2010?

(2) If so: (a) What plans were in place in the case of an emergency as a result of the exercise?(b) Will emergency response plans be released to the public?(c) What radioactive material was used in the exercise?(d) Were there any problems with the exercise?

Answer— The Emergency Services were not involved in this operation.

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*4446 POLICE—MILITARY TRAINING OPERATION—Ms Rhiannon asked the Treasurer, Minister for State and Regional Development, Special Minister of State representing the Minister for Police, and Minister for Finance—

(1) What radioactive material was used in the joint American and Australian military training operation conducted from 27 April 2010 to 29 May 2010?

(2) Was the NSW Police Force notified of the exercise?(3) Were there any problems with the exercise?(4) What did the exercise cost the NSW Police Force?

Answer— (1) This question should be addressed to the Federal Minister for Defence. (2) Yes. (3) There were no problems for the NSW Police Force associated with this exercise. (4) There was no cost to the NSW Police Force.

*4447 PLANNING—PROPOSED SAND MINE AT CALGA—Ms Rhiannon asked the Minister for Planning, Minister for Infrastructure, Minister for Lands—

(1) Before Rocla's proposal to expand the sand mine at Calga is considered what actions will be undertaken to ensure all issues of non-compliance are managed with the existing mine?

(2) Will issues of non-compliance be considered as well as the misinformation provided in the 2004 Environmental Assessment when deciding the approval?

(3) Why have breaches of the Water Management Act 2000 and Water Sharing Plan not been enforced against Rocla?

(4) Can a guarantee be given that future breaches of these laws and policies will be enforced and penalties for non-compliance imposed?

Answer— (1) and (2) The Department of Planning routinely considers the environmental performance of existing operations when it assesses the merits of a proposal to expand that operation. The Department of Planning will also examine any specific compliance issues which are raised with it. It is not clear what misinformation in the 2004 Environmental Impact Statement is being alleged. Should the Member have evidence of any deliberate misinformation included in the 2004 Environmental Impact Statement, she should forward it to me.(3) and (4) These questions should be referred to the Minister for Water who administers the Water Management Act 2000 and associated Water Sharing Plans.

*4448 ROADS—GREAT WESTERN HIGHWAY WIDENING AT LAWSON—Ms Rhiannon asked the Minister for Transport, Minister for the Central Coast representing the Minister for Roads, and Minister for Western Sydney—

How much does the RTA predict it will spend on the widening of the Great Western Highway at Lawson, including the addition of a service lane and the demolition of the remaining highway shops?

Answer— The overall project budget for the widening of the Great Western Highway at Lawson is $220 million.

*4449 ASSISTING THE MINISTER FOR HEALTH (CANCER)—SOLARIUM AUDITS—Ms Rhiannon asked the Minister for Transport, Minister for the Central Coast representing the Minister for Climate Change and the Environment, and Minister Assisting the Minister for Health (Cancer)—

(1) Was any action, warning or prosecution taken against solariums as a result of an audit by the Department of Health in 2009 following the introduction of stronger regulation?

(2) Regarding a second audit of solariums by the Department in February and March 2010 following the


introduction of stronger regulations: (a) What action, warning or prosecution were taken against solariums?(b) Were 28 of 73 the operators audited subject to fines or warnings?(c) Which offences were discovered?(d) Which fines were issued?(e) Did 45 operators comply completely with the regulations?(f) If not,

(i) How many did not comply?(ii) How did operators fail to comply?

(g) Are four operators still under investigation?(h) If so, what stage are these remaining investigations at?

(3)(a) Has a further audit been conducted since March 2010?(b) If so, what were the results?

(4)(a) Is another audit planned this year?(b) How will the outcomes be reported?

(5) How many solarium operations have closed in NSW since the introduction of regulations in May 2009?

Answer— (1) The Department of Environment, Climate Change and Water (DECCW) is not aware of an audit of

solarium businesses conducted by the Department of Health in 2009. DECCW conducted an initial survey and education campaign for solaria businesses in the Sydney metropolitan area in 2009, following the introduction of the Radiation Control (Tanning Units) Regulation 2009 on 29 May 2009.

(2) DECCW carried out an audit between February – March 2010 and: (a) 13 penalty notices and 18 warning letters were issued. (b) see 2a. (c) Issues of non-compliance related to consent forms, skin assessments and incomplete records.

Full details can be found on DECCW's website at www.environment.nsw.gov.au⁄radiation⁄auditsolaria.htm.

(d) Penalty Notices were issued for failure to keep records, and exposing people to tanning units more frequently than permitted by the Regulation.

(e) DECCW identified minor non-compliance issues, however, a formal response to these was not considered necessary.

(f) See 2e. (g) No. DECCW is currently investigating one operator. (h) DECCW is currently reviewing documents related to the one remaining investigation.

(3)(a) Yes.(b) Since March 2010, 45 solaria businesses in regional NSW have been inspected and another 15

in the Sydney metropolitan area have been inspected or re-inspected. Not all actions have been finalised, however three penalty notices and 21 warning letters have been issued to date.

(4)(a) Yes. (b) The outcomes will be reported on DECCW's website.

(5) DECCW is aware of three solaria businesses that have closed and six more businesses that have ceased to offer ultraviolet tanning services in the metropolitan area. The regional campaign identified 12 businesses that have either closed or ceased to offer ultraviolet tanning services.

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*4450 ROADS—MOTORCYCLE INSURANCE PREMUIMS—Ms Rhiannon asked the Minister for Transport, Minister for the Central Coast representing the Minister for Roads, and Minister for Western Sydney—

(1) What evidence was used by the Motor Accidents Authority to justify the planned increases in motorcycle compulsory third party (CTP) premiums from 1 July 2010?

(2)(a) Were crash statistics from the Roads and Traffic Authority (RTA) used to set the new CTP

premiums?(b) What other evidence was provided by the RTA or other roads based agencies to support the

increase?

(3) Will the insurance industry be requested to justify the planned increases in premiums?

Answer— I am advised that as this matter falls under the responsibility of the Finance portfolio, this question should be directed to the Minister for Finance for consideration.

*4451 TRANSPORT—INTER-URBAN TRAIN SERVICE TERMINATION—Ms Rhiannon asked the Minister for Transport, Minister for the Central Coast—

(1) Are there plans to terminate inter-urban trains at either Katoomba or Mt Victoria and provide replacement bus services from these stations to Western New South Wales?

(2) If so, have these plans been facilitated by the construction of the turn back system at Lawson to handle Tangara trains and the completion of the new carpark at Katoomba railway station and bus interchange?

Answer— I am advised:(1) No.(2) Not applicable.

*4452 HEALTH—DIETHYLSTILBOESTROL RISK AWARENESS PROGRAM—Ms Rhiannon asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Deputy Premier, and Minister for Health—

Considering the documented increased risks of cancer from the anti-miscarriage drug diethylstilboestrol (DES) and the inability to track down women potentially affected, will the Minister for Health consider developing a program to promote information about DES directly to the public as part of NSW Health's public health education programs, to prevent unnecessary illness, death and cost to taxpayers?

Answer— I am advised:Diethylstilboestrol, or DES (also known as stilboestrol), is a synthetic oestrogen which was used more than three decades ago (especially in the 1940s and 1950s) to prevent miscarriage. In 1971, an association was demonstrated between in utero exposure to DES, and the development of a rare cancer, clear cell adenocarcinoma (CCAC) of the vagina, in exposed daughters ('DES daughters'). Much publicity was given to this association and the use of DES to prevent miscarriage in Australia stopped in the early 1970s. For the women who took DES ('DES mothers'), a small increase in the rate of breast cancer has been reported. The sons exposed to DES in utero ('DES sons') have an increased occurrence of abnormalities of their testes.Guidelines for follow up and screening of women with a history of exposure to DES, their daughters and their sons were developed for health professionals, including GPs, midwives and women's health nurses.The NSW Department of Health will reissue these guidelines as a reminder to health professionals in New South Wales.


*4453 MINERAL AND FOREST RESOURCES—FORESTRY MANAGEMENT ZONE 8 REASSESSMENT—Mr Cohen asked the Minister for Ageing, Minister for Disability Services, Minister for Volunteering, and Minister for Youth representing the Minister for Mineral and Forest Resources, Minister for Ports and Waterways, and Minister for the Illawarra—

(1) How many hectares of Forestry Management Zone (FMZ) 8 areas in the North East region forestry region of New South Wales have been assessed or reassessed since Forestry Management Zoning was introduced in 1999?

(2) How many of these FMZ 8 areas have become: (a) FMZ 4 available for logging?(b) FMZ 1?(c) FMZ 2?(d) FMZ 3A?

Answer— (1) and (2) FMZ 8 reassessment is undertaken as part of pre-operational planning and field investigation.

Reassessment is not recorded on a cumulative basis.

*4454 CLIMATE CHANGE AND THE ENVIRONMENT—PRIVATE NATIVE FORESTRY CODE OF PRACTICE REASSESSMENTS—Mr Cohen asked the Minister for Transport, Minister for the Central Coast representing the Minister for Climate Change and the Environment, and Minister Assisting the Minister for Health (Cancer)—

(1)(a) What area of old-growth forest was originally mapped on all properties that now have approved

Property Vegetation Plan's (PVP) under the Private Native Forestry (PNF) Code of Practice?(b) How much of the old-growth forest on the properties has been subject to a reassessment under

the PNF Code of Practice?(c) How much of the old-growth forest on the properties has been made available for logging after

re-assessment?

(2)(a) What area of rainforest was originally mapped on all properties that now have approved PVP's

under the PNF Code of Practice?(b) How much of the mapped rainforest on the properties has been subject to a reassessment under

the PNF Code of Practice?(c) How much of the mapped rainforest on the properties has been made available for logging

under the PNF Code of Practice?

(3) What area of endangered ecological communities has been made available for logging under the PNF Code of Practice since it was introduced?

Answer—

(1)(a) On those properties where the Department of Environment, Climate Change and Water

(DECCW) has undertaken a mapping reassessment under the PNF Code of Practice, and where a PNF PVP was approved by 31 May 2010, 9518 hectares was previously mapped as old-growth forest for the purposes of the PNF Code of Practice

(b) All 9518 hectares of previously mapped old-growth forest were reassessed on these properties, as well as 104,100 hectares previously mapped as rainforest, or as neither old-growth forest nor rainforest, across the remainder of the assessed properties.

(c) No area reassessed by DECCW as now being old-growth forest has been made available for logging. Of the 9518 hectares reassessed, 7898 hectares has been assessed as not being old-growth forest and is available for forestry activities under the relevant PNF Code of Practice. As part of the reassessment process across the subject properties, 1620 hectares not previously identified as old growth is now assessed as old-growth forest and 93 hectares is now assessed as being rainforest. No area mapped previously as old-growth forest under the Comprehensive

5307


Regional Assessment mapping program and not reassessed by DECCW has been made available for logging under an approved PNF PVP.

(2)(a) On those properties where DECCW has undertaken a mapping reassessment under the PNF

Code of Practice, and where a PNF PVP was approved by 31 May 2010, 4703 hectares was previously mapped as rainforest.

(b) All 4703 hectares of previously mapped rainforest was reassessed on these properties, as well as 108,915 hectares previously mapped as old-growth forest, or as neither old-growth forest nor rainforest, across the remainder of the assessed properties.

(c) No area reassessed by DECCW as now being rainforest has been made available for logging. Of the 4703 hectares reassessed, 1740 hectares has been assessed as not being rainforest and is available for forestry activities under the relevant PNF Code of Practice. As part of the reassessment process across the subject properties, 376 hectares not previously identified as rainforest is now assessed as rainforest, and 36 hectares is now assessed as old-growth forest. No area mapped previously as rainforest under the Comprehensive Regional Assessment mapping program and not reassessed by DECCW has been made available for logging under an approved PNF PVP.

(3) There is only one approved PNF PVP, covering 5 hectares, where an Ecological Harvesting Plan has been assessed and approved by the Department.

*4455 TRANSPORT—DAY PASS PURCHASES FROM TICKET VENDING MACHINES—Mr Ajaka asked the Minister for Transport, Minister for the Central Coast—

(1) Can concession cardholders, such as students and pensioners, purchase a "day pass" from a ticket vending machine?

(2) If not, why not?

Answer— I am advised:(1) to (2) Yes, students and pensioners can purchase a "day pass" from a ticket vending machine.

*4456 TRANSPORT—PROPERTY ACQUISITION FOR THE CBD METRO—Ms Rhiannon asked the Minister for Transport, Minister for the Central Coast—

(1) Which properties were acquired by the government for the CBD Metro, in list form?(2) What was the purchase price for each property?

Answer— I am advised:(1) Property

679 Darling Street, Rozelle170 Victoria Road, Rozelle108 Miller Street, Pyrmont30 Clarence Street, Sydney36 Clarence Street, Sydney12 Castlereagh Street, Sydney131-135 Bathurst Street, Sydney

(2) This information is available at the Land Titles Office.

*4457 CLIMATE CHANGE AND THE ENVIRONMENT—NATIONAL PARKS ANNUAL PASSES—Mrs Pavey asked the Minister for Transport, Minister for the Central Coast representing the Minister for Climate Change and the Environment, and Minister Assisting the Minister for Health (Cancer)—

(1) Who receives free annual passes to New South Wales National Parks?


(2) How many passes have been issued to each category of people eligible in the following years: (a) 2006?(b) 2007?(c) 2008?(d) 2009?(e) 2010 to date?

(3)(a) What administrative procedures are in place to issue these free passes?(b) Do these administrative procedures differ for each category of people?(c) What FTE resources are allocated to these administrative procedures each year?

(4) Does the Government have any estimates of revenue foregone as a result of these free passes?

Answer— (1) Free annual passes and annual exemptions cards to all locations under the direct management

responsibility of the NSW National Parks and Wildlife Service (NPWS) are offered to: (a) Active volunteers of the NSW Rural Fire Service and State Emergency Service;(b) NSW Pension Concession Cardholders and categories of military veterans receiving a disability

pension;(c) On-park volunteers who have completed more than 50 hours of volunteering, members of the

National Parks and Wildlife Advisory Council, members of the NPW Regional Advisory Committees and Trusts;

(d) Current NPWS staff, former NPWS staff with more than 15 years continuous service, Foundation for National Parks and Wildlife Life members; and

(e) Members of Parliament.

(2) The following indicative estimates are provided: Category 2006⁄2007 2007⁄2008 2008⁄2009 2009⁄2010

Emergency Service Volunteers

6,325 10,120 10,120 13,300

NSW Pensioners 20,400 20,420 23,250 23,770Others including seasonal and short term passes

12,160 12,160 11,630 13,650

(3) From the categories identified in Question 1: (a) and(b)

(i) Annual passes are provided to the Rural Fire Service and State Emergency Service who then manage the distribution to active volunteers;

(ii) Exemption cards are distributed centrally via the National Parks Call Centre following receipt of an application form and copy of the applicant's NSW Pensioner Concession Card;

(iii) Passes for eligible volunteers are managed locally. Members of the National Parks and Wildlife Advisory Council, National Parks and Wildlife Regional Advisory Committees and Trusts are managed centrally, with passes provided to NPWS Regions for distribution to eligible applicants;

(iv) Former employees and Foundation Life members are managed centrally via the National Parks Call Centre and eligible staff are managed locally; and

(v) MP annual passes are managed centrally.(c) These tasks are predominantly undertaken within the duties of a wider position description such

as customer service, area administration and compliance officers. No specific FTE number is available.

(4) The Department of Environment Climate Change and Water estimates of the value of passes issued as approximately $8.4 million in 2009-10.

5309


*4458 CORRECTIVE SERVICES—FUGITIVES IN NEW SOUTH WALES—Ms Ficarra asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Water, and Minister for Corrective Services—

(1) Are up to 16,000 fugitives on the run in New South Wales?(2) Have some fugitives evaded police capture for over a decade?(3) Are about 1,000 wanted for serious crimes?(4) What action is the Government taking to apprehend offenders on the run?

Answer— This question should be directed to my colleague the Minister for Police.

*4459 POLICE—NSW POLICE FORCE WORKERS COMPENSATION SYSTEM—Ms Ficarra asked the Treasurer, Minister for State and Regional Development, Special Minister of State representing the Minister for Police, and Minister for Finance—

(1)(a) Have any police officers committed suicide in the last two years with their own service

revolvers?(b) If so, how many?

(2)(a) How many officers had applied for workers compensation prior to their death?(b) How many officers were experiencing difficulty with the workers compensation system and

having problems with their claims prior to their death?(c) Which WorkCover agents were handling the respective claims?(d) In the last two years how many police officers have had their workers compensation application

(post provisional stages) refused?(e) If officers are suiciding as a result of difficulties encountered with the processing of workers

compensation claims, what action will NSW Police Force be taking to have this serious systemic issue addressed?

Answer— The NSW Police Force has advised me that two officers committed suicide in the last two years with their own service revolvers. Neither of the two officers had open workers compensation claims or were experiencing difficulty with the workers compensation system prior to their deaths.

*4460 ATTORNEY GENERAL—DEATH OF MRS LYNETTE DAWSON—Ms Ficarra asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council—

(1)(a) During 2001 and 2003 did two Coronial Inquiries find that Mrs Lynette Dawson was murdered

and recommend that a "known person" be charged with an indictable offence?(b) Did Detective Sergeant Damian Loone of the NSW Police publicly state that there is enough

evidence to prosecute the "known person" for the murder of Mrs Dawson?

(2)(a) Has the Office of the Director of Public Prosecutions not prosecuted the "known person"?(b) If not, why not?

(3) In order to give justice to both the late Mrs Dawson and her loved ones, will the Office of the Director of Public Prosecutions review this case as a matter of urgency?


(a) Yes.


(b) I do not know. [This may be a matter more appropriate for the Commissioner of Police to address].

(2)(a) Yes.(b) Because there is no reasonable prospect of conviction on the available legally admissible

evidence.

(3) Pursuant to the DPP Prosecution Guidelines, the ODPP does not intend to review this case as no additional material has been provided to warrant a review.

*4461 HOUSING—GUTTERING INSTALLATION IN HOUSING NSW RESIDENCES—Ms Hale asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Housing, Minister for Small Business, and Minister Assisting the Premier on Veterans' Affairs—

(1)(a) Does Housing NSW stipulate the materials to be used in construction or renovation of its

housing stock?(b) If not, why not?

(2)(a) Does the Department specify that high or low front guttering should be installed?(b) Does Housing NSW specify that high-front guttering should not be used?(c) If so, when was this policy introduced and why?

(3)(a) Has Housing NSW installed high-front guttering at 73-75 White Street, Lilyfield?(b) Has the Department received complaints from residents about gutters overflowing and rainwater

flowing back inside the walls of individual units, resulting in mould and deterioration of walls?(c) If so, what action has Housing NSW taken to rectify the problem?

Answer— (1)

(a) Yes.(b) Not applicable.

(2)(a) Housing NSW specifies gutters that comply with NSW Plumbing Code and relevant building

standards.(b) No.(c) Not applicable.

(3)(a) No.(b) and c. Housing NSW officers have inspected the property and issued instructions to carry out

the rectification work.

*4462 HOUSING—TENANT RELOCATION—Ms Hale asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Housing, Minister for Small Business, and Minister Assisting the Premier on Veterans' Affairs—

(1) Why is Mrs Lleida Wild be required to relocate from her residence in Eastwood, where she has lived as a tenant of Housing NSW for the past sixteen years?

(2)(a) Have alternative premises been made available for Mrs Wild?(b) If so, will she occupy the new premises subject to the same terms and conditions that apply to

her Eastwood residence? (c) If not, what changes will be made?

5311


(d) If the rent is to change, will Mrs Wild be consulted as to the rent or merely informed of the size of the increase?

(3) Is it the intention of Housing NSW to sell the residence in Eastwood?

Answer— (1) The NSW Government's long term asset planning supports renewing the public housing portfolio

over the next ten years. This will enable us to align the property portfolio with long-term projections of demand from high need groups. Housing NSW plans to sell the property Mrs Wild currently occupies to meet these needs.

(2)(a) Housing NSW will offer Mrs Wild accommodation.(b) and(c) Once relocated Mrs Wild will have the same entitlements as she does at present.(d) Mrs Wild's rent is based on her income and will not increase as a result of her moving to another

property.

(3) Yes.


*4463 ATTORNEY GENERAL—CRIMES ACT 1900 REFORM—Ms Ficarra asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council—

(1)(a) Following the death of Lars Harris, what charges were proffered against Mr Crossley?(b) Why was Mr Crossley not charged under Section 54 of Crimes Act 1900 for causing grievous

bodily harm?

(2)(a) Did Mr Crossley make application to the Attorney General's Department for payment under the

Suitors Fund?(b) If so, on what grounds?(c) What was the date of the application?(d) Was the application granted?(e) What amount of money, if any, was granted?

(3) In view of the cases of Renee Shields (baby Byron), Susan Harris (baby Lars) and Brodie Donegan (baby Zoe Ball) when will the Government act to ensure law reform and justice for these grieving families?


(a) Nathan William Crossley was acquitted of a charge of dangerous driving occasioning grievous bodily harm (s52A(3)(c) Crimes Act 1900). A charge of negligent driving causing grievous bodily harm (s42(1)(b) Road Transport (Safety and Traffic Management) Act 1999) was then brought forward under s 167 of the Criminal Procedure Act 1986 and he pleaded guilty.

(b) The DPP advises there was no reason to.

(2)(a) No.(b) to (e) Not applicable.


(3) The Honourable Michael Campbell QC is conducting a review into whether the current provisions of the Crimes Act 1900 enable the justice system to respond appropriately to criminal incidents involving the death of an unborn child. The review will also consider the findings of the Review of the Law of Manslaughter conducted by the Honourable Mervyn Finlay QC and changes brought about by the Crimes Amendment (Grievous Bodily Harm) Bill 2005. The full terms of reference for the review and details about making a submission are available on the Lawlink web site http:www.lawlink.nsw.gov.au⁄clrd.

*4464 LOCAL GOVERNMENT—CODE OF CONDUCT MISUSE—Ms Ficarra asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Local Government, Minister for Juvenile Justice, Minister Assisting the Minister for Planning, and Minister Assisting the Minister for Health (Mental Health)—

(1) Is the Minister for Local Government or the Department of Local Government aware of the Sydney Morning Herald article dated 20 April 2010 entitled "Codes of Conduct prove costly" regarding the treatment of Ku-ring-gai Councillor, Tony Hall and Hurstville Councillor Ann Wagstaff?

(2) Is the Minister or the Department aware of allegations that the provisions of the Code of Conduct are being misused for political purposes by Ku-ring-gai Councillors to expel a certain Councillor from voting on items of business?

(3)(a) Have allegations been received that the sin-binning provisions of the Local Government Act

1993 are being misused by certain groupings on Ku-ring-gai Council to intimidate opposing Councillors?

(b) What action will be taken to ensure that no councillor is sin-binned for political purposes?

(4)(a) Should a councillor be found not to have committed any misconduct, does Ku-ring-gai

Council's policy prevent a councillor from obtaining reimbursement for legal costs?(b) Will legislation be changed to ensure that legal costs for councillors who are found innocent of

misconduct allegations are reimbursed legal costs by councils?

(5) What action will be taken to ensure that the Code of Conduct is amended to provide safe guards against it being used by councillors against other councillors for political purpose?

(6) What action will be taken to amend the Code of Conduct to ensure the Department of Local Government has greater over sight of Code of Conduct investigations and can intervene where it is apparent there have been deficient investigations leading to unfair decisions and investigators have failed to properly investigate?

Answer— I provide the following details in response to your questions:(1) Yes.(2) It would not be appropriate for me to publicly comment on individual matters dealt with by the

Division of Local Government.(3)

(a) It would not be appropriate for me to publicly comment on individual matters dealt with by the Division of Local Government.

(b) I have assumed that the reference in your question to what you have termed as the 'sin-binning' provisions of the Local Government Act 1993 is a reference to the misbehaviour provisions of the Act. There are a number of procedural safeguards under both the Model Code of Conduct and the Local Government Act 1993 that serve to prevent the suspension of a councillor under the misbehaviour provisions of the Act for political purposes.

(4)(a) This question should be directed to Ku-ring-gai Council.(b) The question of whether or not a councillor is entitled to be reimbursed their legal expenses and

the circumstances in which such a reimbursement may be made will depend on the terms of a

5313


council's councillor expenses and facilities policy adopted under section 252 of the Local Government Act 1993.

(5) Refer to question 3 (b).(6) The Division of Local Government already exercises an oversight role with respect to the correct

application on council's code of conduct.

*4465 POLICE—RESOURCES OF THE NSW POLICE FORCE AND NSW MOUNTED POLICE—Mr Gallacher asked the Treasurer, Minister for State and Regional Development, Special Minister of State representing the Minister for Police, and Minister for Finance—

(1) How many police stations are operational (open) in New South Wales?(2) How many motor bikes are currently in use by the NSW Police Force?(3) How many trail bikes are currently in use by the NSW Police Force?(4) How many horses are currently owned by the NSW Mounted Police?

Answer— (1) A list of police stations is available on the NSW Police Force website, www.police.nsw.gov.au. (2) 91, as at 6 July 2010. (3) 29, as at 6 July 2010. (4) 33, as at 6 July 2010.

*4466 POLICE—RECRUITMENT AND TRAINING OF NSW POLICE OFFICERS—Mr Gallacher asked the Treasurer, Minister for State and Regional Development, Special Minister of State representing the Minister for Police, and Minister for Finance—

(1)(a) What is the current training capacity of the NSW Police College?(b) Are there plans to expand this capacity in the next 12 months?(c) If so:

(i) By how many trainees?(ii) Wat is the budgeted cost of the expansion works?

(2)(a) How many recruits are currently at the Goulburn campus?(b) How many of these recruits are due to attest at each of the upcoming attestations?

(3) How many applications have been successfully identified for training but are still awaiting allocation to the College?

(4) How many other applications is the Recruitment Centre handling at this point in time?

Answer— (1)

(a) 1180(b) No.(c) N⁄A.

(2)(a) 1180.(b) This depends upon the students successfully completing the course.

(3) 180.(4) 623.

24 JUNE 2010


(Paper No. 160)

*4467 HEALTH—CONCORD FORESHORE WALK ACCESS—Ms Hale asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Deputy Premier, and Minister for Health—

(1)(a) Does a letter dated 10 June 2010 from the Chief Executive of the Sydney South West Area

Health Service to the Coordinator of the Parramatta River Catchment Group state that "at no stage has it been proposed that public foreshore access around Concord Repatriation General Hospital and the Thomas Walker Hospital be restricted"?

(b) Does the letter "acknowledges that community access is available but [the Area Health Service] does not wish to further promote such access", supporting this position by reference to the Area Health Service's "duty of care" to patients?

(2)(a) In the past at Rozelle Hospital and currently at Cumberland Hospital, has the interaction of

patients and members of the public utilising foreshore and other trails resulted in adverse outcomes for either party?

(b) If not, why is the Area Health Service proposing to discourage access to the entire foreshore trail?

(3)(a) Will the Walking Volunteers not complete the Parramatta River Walks unless access to the entire

Concord Foreshore Trail is facilitated?(b) If so, given the importance to the people of Sydney, and of Western Sydney in particular, of

health, education, exercise, recreation and tourism, will the Minister for Health intervene to ensure the ongoing promotion of access to the entire Concord Foreshore Trail and the completion of the Parramatta River Walk by the Walking Volunteers?


Answer— Foreshore access on the Concord Hospital campus is provided in accordance with the 2004 Masterplan which was approved by Canada Bay Council.Sydney South West Area Health Service has further advised that at no stage has it been proposed to restrict public access to the foreshore walk around the Thomas Walker Hospital and Concord Centre for Mental Health.The foreshore walk is located on hospital grounds and Thomas Walker Hospital and the Concord Centre for Mental Health provide care and treatment for people with serious mental illnesses.The priority is to ensure that the dignity and privacy of this vulnerable group of patients is maintained whilst providing access to the walking path.

*4468 TRANSPORT—LIGHT RAIL SERVICE TO FIVE DOCK—Mr Harwin asked the Minister for Transport, Minister for the Central Coast—

(1)(a) Has the Member for Drummoyne made written representations to the Minister for Transport

regarding a light rail service to Five Dock?(b) If so, when did the member first make such a representation to you?

(2)(a) Is the Government currently undertaking a study into the feasibility and costs of such a service?(b) If so, when is it due to be completed?

(3)(a) Has the Government completed a study into the feasibility and costs of such a service?(b) If so, what were the findings?

5315


Answer— (1) to 3. As part of the Metropolitan Transport Plan the NSW Government has allocated $500 million to

expand the current light rail system with almost 10 kilometres of new track. A pre-construction study for the Inner West extension between Lilyfield and Dulwich Hill was completed in May 2010. The study examined possible stop locations; costs; demand; technical issues; integration with other public transport; economic factors; and other potential land uses alongside the corridor, such as bicycle and pedestrian paths. An extension to Five Dock was not considered in this study. The member for Drummoyne makes written representations on a range of transport related issues.

*4469 PLANNING—MASTER PLANS—Ms Ficarra asked the Minister for Planning, Minister for Infrastructure, Minister for Lands—

(1) Has the Department of Planning advised councils that they can no longer do Master Plans for sites and localities?

(2) If so: (a) Why?(b) On what date was this directive given?(c) What can councils now do instead of Master Plans?

Answer— (1) Yes. Amendments to the EP&A Act in 2005 removed the need for Master Plans.(2)

(a) Master Plans had become a de facto fourth layer in the planning system. To simplify the system, master planning is now undertaken through existing tools in the legislation, namely Development Control Plans (DCPs) and staged development approvals.

(b) Amendments to Parts 3 and 4 of the EP&A Act affecting Master Plans commenced on 30 September 2005.

(c) Councils now prepare DCPs in accordance with section 74C of the EP&A Act. DCPs must be consistent with existing Environmental Planning Instruments (EPIs). Section 83C provides that a staged development application may be made for development requiring consent under Part 4 as an alternative to a development control plan required by an environmental planning instrument.

*4470 CLIMATE CHANGE AND THE ENVIRONMENT—WOLLI CREEK REGIONAL PARK—Ms Hale asked the Minister for Transport, Minister for the Central Coast representing the Minister for Climate Change and the Environment, and Minister Assisting the Minister for Health (Cancer)—

(1)(a) Over a decade ago, did the Government commit to make the lands released from the M5 East

route into the Wolli Creek Regional Park.(b) If so, why has this not happened?(c) What issues prevent completion of the Park?(d) What is the Government's precise timetable for overcoming these issues?

(2)(a) Has the Premier has indicated that there will be no M5 East duplication by the Government

within the next ten years?(b) What prevents the land the RTA holds in the Wolli Creek Valley from being released for the

Wolli Creek Regional Park as promised in 1998?(c) When will the land be released?

Answer— The NSW Government is establishing Wolli Creek Regional Park. To date, 26 hectares of the planned 50-hectare regional park have been gazetted.


The major holdings identified for the incorporation into the regional park that remain to be transferred are under the ownership of Canterbury City Council, the Roads and Traffic Authority, the Department of Planning, Sydney Water and private landholders.As part of the process to enable the remaining holdings to be transferred, a Local Environment Plan will be finalised to rezone the land appropirately. This should ensure that the bulk of the remaining transfers are completed in the first half of 2011.The M5 East Expansion is a high priority road project and a key element of an integrated plan for the development of Sydney's transport network.In February 2010, we released the Metropolitan Transport Plan - Connecting the City of Cities. The plan included the M5 East Expansion on a list of projects identified as being beyond the 10 year funding guarentee, however it is able to be brought forward if additional funding becomes available.Some land near Wolli Creek may be required for any future M5 East Expansion. However, land held by the Government evaluated as surplus will be released as soon as possible.

*4471 ROADS—WOLLI CREEK REGIONAL PARK—Ms Hale asked the Minister for Transport, Minister for the Central Coast representing the Minister for Roads, and Minister for Western Sydney—

(1)(a) Over a decade ago, did the Government committed to make the lands released from the M5 East

route into the Wolli Creek Regional Park?(b) Why hasn't this happened?(c) What issues prevent completion of the Park?(d) What is the Government's precise timetable for overcoming these issues?

(2)(a) Has the Premier indicated that there will be no M5 East duplication by the Government within

the next ten years?(b) What prevents the land the RTA holds in the Wolli Creek Valley from being released for the


Answer— The NSW Government is establishing Wolli Creek Regional Park. To date, 26 hectares of the planned 50-hectare regional park have been gazetted.The major holdings identified for the incorporation into the regional park that remain to be transferred are under the ownership of Canterbury City Council, the Roads and Traffic Authority, the Department of Planning, Sydney Water and private landholders.As part of the process to enable the remaining holdings to be transferred, a Local Environment Plan will be finalised to rezone the land appropirately. This should ensure that the bulk of the remaining transfers are completed in the first half of 2011.The M5 East Expansion is a high priority road project and a key element of an integrated plan for the development of Sydney's transport network.In February 2010, we released the Metropolitan Transport Plan - Connecting the City of Cities. The plan included the M5 East Expansion on a list of projects identified as being beyond the 10 year funding guarentee, however it is able to be brought forward if additional funding becomes available.Some land near Wolli Creek may be required for any future M5 East Expansion. However, land held by the Government evaluated as surplus will be released as soon as possible.

*4472 PREMIER—WOLLI CREEK REGIONAL PARK—Ms Hale asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Premier, and Minister for Redfern Waterloo—

(1)(a) Over a decade ago, did the Government commit to make the lands released from the M5 East

route into the Wolli Creek Regional Park?

5317


(b) If so, why hasn't this happened?(c) What issues prevent completion of the Park?(d) What is the Government's precise timetable for overcoming these issues?

(2)(a) Has the Premier indicated that there will be no M5 East duplication by the Government within

the next ten years?(b) What prevents the land the RTA holds in the Wolli Creek Valley from being released for the


Answer— The NSW Government is establishing Wolli Creek Regional Park. To date, 26 hectares of the planned 50-hectare regional park have been gazetted.The major holdings identified for incorporation into the regional park that remain to be transferred are under the ownership of Canterbury City Council, the Roads and Traffic Authority, the Department of Planning, Sydney Water and private landholders.As part of the process to enable the remaining holdings to be transferred, a Local Environment Plan will be finalised to rezone the land appropriately. This should ensure that the bulk of the remaining transfers are completed in the first half of 2011.The M5 East Expansion is a high priority road project and a key element of an integrated plan for the development of Sydney's transport network.In February 2010 we released the Metropolitan Transport Plan - Connecting the City of Cities. The plan included the M5 East Expansion on a list of projects identified as being beyond the 10 year funding guarantee, however it is able to be brought forward if additional funding becomes available.Some land near Wolli Creek may be required for any future M5 East Expansion. However, land held by the Government evaluated as surplus will be released as soon as possible.

*4473 WESTERN SYDNEY—WESTERN SYDNEY INTERNATIONAL DRAGWAY—Ms Hale asked the Minister for Transport, Minister for the Central Coast representing the Minister for Roads, and Minister for Western Sydney—

(1) Following recent reports in the media that Sydney Dragway, also known as Western Sydney International Dragway, has experienced financial difficulties. What steps is the Minister for Western Sydney taking to safeguard the public investment in this facility to ensure that it does not fail?

(2)(a) Has there been an assessment of the need for a new car park to service the Dragway?(b) If so, when was that assessment undertaken and what advice does it contain?

(3)(a) Did the department make a grant of $575,000 to Sydney International Dragway for the supply

of a marquee?(b) If so, what were the reasons for approving the grant?(c) Was any examination undertaken of the relationship between Sydney International Dragway and

the company supplying the marquee, Page's Hire?(d)

(i) Were competitive quotations sought and obtained for supply of the marquee?(ii) If not, why not?

(e) If competitive quotes were obtained, what advice did the department receive as to whether the Page's Hire quotation was the most competitive?

(f) If no advice was requested, why not?

(4)(a) Was Mulgoa Quarries charged a tipping fee for dumping fill at the Sydney International

Dragway car park site?(b) If so,


(i) Has the department or the Sydney International Dragway received the fee?(ii) What amounts have been paid to the department and the Sydney International Dragway?


(5)(a) Has the department or the Sydney International Dragway received payment for the 1,000,000

cubic metres of soil from property opposite the state-owned Sydney International Dragway facility dumped by Mulgoa Quarries on this publicly owned land?

(b) If so, what amounts have been paid to the department and to the Sydney International Dragway?(c) If not, has money been paid to a third party in connection with the dumping of soil by Mulgoa

Quarries?(d) If so, what is the name of the third party and how much was paid?

(6)(a) Did a meeting take place in 2006 at then Premier Morris Iemma's home between Premier

Iemma and the Chief Executive Officer and Chairman of the Board of Sydney International Dragway?

(b) If so, (i) What was discussed at that meeting?(ii) What was the outcome?(iii) Did the meeting confirm that a grant of $3.25 million would be made by the Government

to Western Sydney International Dragway?(7)

(a) Has a grant of $3.25 million been made to the Western Sydney International Dragway?(b) If so:

(i) When was the grant made?(ii) What was the purpose of the grant?

(8)(a) Has the Minister for Western Sydney or a representative met with the Chair of the NSW

Treasury who is also a member of the Western Sydney Parklands Trust, regarding the rental agreement between the Trust and Sydney Dragway?

(b) If so, when and where did such meetings take place?

(9)(a) Has the Minister or a representative met with the Chair of the NSW Treasury who is also a

member of the Western Sydney Parklands Trust, regarding any other issue connected with the operation and management of the Western Sydney International Dragway?

(b) If so, (i) When did these meetings take place?(ii) Who attended the meetings?(iii) What was the nature and outcome of the discussions?

(10)(a) What measures has the Minister taken to ensure proper financial oversight of the Western

Sydney International Dragway, given that it indicates in accounts submitted to Australian Securities Investment Commission for the financial year 2008⁄09 that it only recorded a profit of $890,835 because of $1,731,441 of government funding and in the absence of government grants it would have recorded a loss of $840,606?

(b) Has the Minister or any other Government authority undertaken any investigation into the financial situation of Western Sydney International Dragway?


(11)(a) Will there be a complete audit of the financial relationship between all government departments

and Western Sydney International Dragway?(b) If not, why not?

5319


(12)(a) Did the Minister or his predecessor authorise a grant of $575,000 to Western Sydney

International Dragway for the supply of a marquee?(b) If so, what reasons were given for the approval of this grant?(c) While considering the grant:

(i) Was there any examination of the relationship between Western Sydney International Dragway and marquee supply company, Page's Hire?

(ii) What procedures were adopted to ensure that the price paid for the marquee was the best available?

(iii) What advice did the Minister receive as to whether the price quoted by Page's Hire was the best price for which a large marquee could be provided?

(iv) If no advice was obtained, why not?(13) Did the department or any government authority receive payment for the dumping by Mulgoa

Quarries of 1,000,000 cubic metres of soil on the Western Sydney International Dragway?

Answer— (1) The Western Sydney Parklands entered a lease with the Western Sydney International Dragway on

21 June 2010. The Lease includes a range of uses to encourage the sustainable growth of the dragway and the Western Sydney motor sports precinct.

(2)(a) and (b) I am not aware of a car parking assessment.

(3)(a) to (e) Communities NSW did not provide a grant of $575,000 for the supply of a marquee.

(4)(a) to (c) I am not aware of any tipping fee being charged.

(5)(a) No.(b) to (d) N⁄A

(6) I am unaware of a meeting between then Premier Morris Iemma and the Chief Executive and Chairman of the Board of the Sydney International Dragway.

(7)(a) and (b) Communities NSW have not provided a grant of $3.25M to the Sydney International

Dragway.

(8)(a) No.(b) N⁄A

(9)(a) No.(b) N⁄A

(10)(a) to (c) I am advised that the Sydney International Dragway is meeting its financial obligations

under the lease. The Western Sydney International Dragway Ltd is a public company. The Australian Securities and Investments Commission (ASIC) is the relevant corporate regulator.

(11)(a) and (b) I am advised that the Sydney International Dragway is meeting its financial obligations

under the lease.

(12)(a) to (c) Refer to answer to question 3.

(13) No.


*4474 MINERAL AND FOREST RESOURCES—LAKE COWAL PIT WALL COLLAPSE—Ms Rhiannon asked the Minister for Ageing, Minister for Disability Services, Minister for Volunteering, and Minister for Youth representing the Minister for Mineral and Forest Resources, Minister for Ports and Waterways, and Minister for the Illawarra—

(1) Following the collapse of the pit wall at Lake Cowal were all the explosives buried in the collapse recovered?

(2) If not: (a) How many explosives were not recovered?(b) What is the explosive capacity of each of the devices not recovered?

Answer— Most was recovered with the rest being dealt with in accordance with misfired explosive procedures without incident. I am advised that all of the explosive was made safe and no longer has any explosive capacity.

*4475 PREMIER—HUNTER COAL EXPORT FRAMEWORK—Ms Rhiannon asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Premier, and Minister for Redfern Waterloo—

(1) On 1 January 2010 did the Hon. Paul McLeay MP in his capacity as Minister for Ports and Waterways estimate in a press release that the Hunter Coal Export Framework would "deliver up to 25,000 jobs in the Hunter over the next six years and generate an additional $500 million of coal royalties each year"?

(2)(a) What industries will the 25 thousand jobs be created in?(b) What will be the approximate areas where these jobs will be created in the Hunter?(c) Will the Government be providing assistance for the creation of these 25 thousand jobs?(d) If so, what will this assistance be?

Answer— The Government, in partnership with the Hunter coal industry, established the Hunter Coal Export Framework to provide certainty for businesses to invest in infrastructure and mine development. The Framework will create jobs and lead to economic benefits throughout NSW, but primarily to the transport and mining construction industries in the Hunter Region.

*4476 HEALTH—RESTRICTED RESPONSE OF EMERGENCY VEHICLES IN MUDGEE AND SCONE—Ms Rhiannon asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Deputy Premier, and Minister for Health—

(1) Is the Minister for Health aware of community concerns in Mudgee and Scone that emergency vehicles, fire fighting vehicles and ambulances will be restricted in responding to calls by long freight trains travelling through the town centres?

(2) What measures will be taken in Mudgee to ensure that access of emergency vehicles, fire fighting vehicles and ambulances is not impeded by long freight trains?

(3) What measures will be taken in Scone to ensure that access of emergency vehicles, fire fighting vehicles and ambulances is not impeded by long freight trains?

Answer— The Minister for Health has advised me:(1) and (2) Local Ambulance Service crews will identify alternative routes for crossing the railway line in Mudgee and will liaise with local Australian Rail Track Corporation personnel to identify the proposed schedules for the trains and develop contingency plans.(3) The decision to increase the number and size of the trains on the Scone line has been discussed by emergency services operating in the area. Discussions about this issue are continuing.

5321


In respect to arrangements for other emergency vehicles the Member should direct the question to the Minister for Emergency Services.

*4477 EMERGENCY SERVICES—RESTRICTED RESPONSE OF EMERGENCY VEHICLES IN MUDGEE AND SCONE—Ms Rhiannon asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Primary Industries, Minister for Emergency Services, and Minister for Rural Affairs—

(1) Is the Minister aware of community concerns in Mudgee and Scone that emergency vehicles, fire fighting vehicles and ambulances will be restricted in responding to calls by long freight trains travelling through the town centres?

(2) What measures will be taken in Mudgee to ensure that access of emergency vehicles, fire fighting vehicles and ambulances is not impeded by long freight trains?

(3) What measures will be taken in Scone to ensure that access of emergency vehicles, fire fighting vehicles and ambulances is not impeded by long freight trains?

Answer— (1) The New South Wales Fire Brigade (NSWFB) and New South Wales Rural Fire Service (NSWRFS)

are aware of the issues associated with long freight trains travelling through Mudgee and Scone.(2) Mudgee has a number of alternate vehicle crossing points (three level crossings and one of these has

an over pass) that provide access to both sides of the town.(3) Scone has a number of alternate vehicle crossing points (bridges over the rail line or smaller level

crossing points) that provide access to both sides of the town.

*4478 CLIMATE CHANGE AND THE ENVIRONMENT—AIR POLLUTION IN THE HUNTER—Ms Rhiannon asked the Minister for Transport, Minister for the Central Coast representing the Minister for Climate Change and the Environment, and Minister Assisting the Minister for Health (Cancer)—

(1)(a) On 4 March 2010 did the Newcastle Herald reporte that a spokeswoman for the Department of

Environment, Climate Change and Water commenting on air pollution in the Hunter had stated that a full report had been sought from Coal & Allied and "any exceedences or breaches of licence will be acted upon"?

(b) Has this report been finalised?

(2)(a) Is the report available publicly?(b) If not, why not?

(3)(a) Did Coal & Allied breach its conditions of consent?(b) If so, what action has the Department taken?

Answer— (1)

(a) The Department of Environment, Climate Change and Water (DECCW) advised the Newcastle Herald that it would require Coal and Allied to provide an incident report for the blast that occurred on 26 February 2010.

(b) DECCW has received the report.

(2)

(a) No.(b) Reports of this nature obtained using DECCW's powers under the Protection of the

Environment Operations Act 1997 are not publicly available other than with the party's consent or in accordance with the determination of an application submitted under the Government Information (Public Access) Act 2009.


(3)(a) This question should be referred to the Minister for Planning. The company did not breach the

conditions of its environment protection licence. (b) As there was no breach of the company's environment protection licence, DECCW is not taking

any action.

*4479 TRANSPORT—MERIMBULA AIRPORT UPGRADE—Ms Rhiannon asked the Minister for Transport, Minister for the Central Coast—

(1) Are there plans to upgrade Merimbula Airport?(2) If so:

(a) What do these plans involve?(b) Do these plans involve the Merimbula Airport being upgraded to take planes from New

Zealand?(c) When will the upgrade commence?(d) When will the upgrade be completed?

Answer— I am advised:(1) to (2) As the owner and operator of the Merimbula Airport, Bega Valley Shire Council is best placed

to answer any questions regarding plans to upgrade the airport.

*4480 STATE AND REGIONAL DEVELOPMENT—MERIMBULA AIRPORT UPGRADE—Ms Rhiannon asked the Treasurer, Minister for State and Regional Development, Special Minister of State—

(1) Are there plans to upgrade Merimbula Airport?(2) If so:

(a) What do these plans involve?(b) Do these plans involve the Merimbula Airport being upgraded to take planes from New

Zealand?(c) When will the upgrade commence?(d) When will the upgrade be completed?

Answer— The Bega Valley Shire Council is looking to develop a long tem vision for the development of Merimbula Airport including ancillary land-use options, management options and a strategy for its future expansion.In February 2010, I&I NSW offered assistance to Bega Valley Shire Council under the Developing Regional Resources Program to undertake a review of the current Merimbula Airport operation (level of amenity and provision of service) and the development of the Merimbula Airport 2030 strategic plan. The assistance was provided to cover some of the costs of employing the services of a consultant to undertake the project.Details on the draft management plan and the scope of the project are a matter for the Bega Valley Shire Council and the Commonwealth Government.

*4481 TRANSPORT—SEAT BELTS ON SCHOOL BUSES—Ms Rhiannon asked the Minister for Transport, Minister for the Central Coast—

(1) In the United Kingdom and in the Australian states of Western Australia, South Australia and Queensland buses that carry school children must be equipped with seat belts?

(2) When will buses in rural areas that are used to transport school children be obliged to have seat belts fitted?

Answer—

5323


(1) to (2) The "National Guidelines for Risk Assessment of School Bus Routes", which have been endorsed by the Australian Transport Council are being used by States to identify possible risk factors along school bus routes, particularly in rural and regional areas, and to classify routes according to the overall level of risk. Once this is complete, Transport NSW will work with the bus industry to implement the most effective risk mitigation strategies.

*4482 PREMIER—SEAT BELTS ON SCHOOL BUSES—Ms Rhiannon asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Premier, and Minister for Redfern Waterloo—

In the United Kingdom and in the Australian states of Western Australia, South Australia and Queensland buses that carry school children must be equipped with seat belts. When will buses in rural areas that are used to transport school children be obliged to have seat belts fitted?

Answer— The 'National Guidelines for Risk Assessment of School Bus Routes', which have been endorsed by the Australian Transport Council, are being used by States to identify possible risk factors along school bus routes, particularly in rural and regional areas, and to classify routes according to the overall level of risk. Once this is complete, Transport NSW will work with the bus industry to implement the most effective risk mitigation strategies.

*4483 MINERAL AND FOREST RESOURCES—COAL CONVERSION TO LIQUID FUEL—Ms Rhiannon asked the Minister for Ageing, Minister for Disability Services, Minister for Volunteering, and Minister for Youth representing the Minister for Mineral and Forest Resources, Minister for Ports and Waterways, and Minister for the Illawarra—

(1) Has an investigation in the Denman-Scone area of the upper Hunter Valley of conversion of coal to liquid fuels been undertaken?

(2) What was the outcome of this investigation?(3) How much did it cost?(4) How are the results of this investigation being used?

Answer— (1) Yes. The Department of Mineral Resources completed a report "Coal Liquefaction Potential:

Denman-Scone Drilling Program" in 1981 by J.J. Hobb & P.J. Irwin. The report is publically available on the Industry & Investment NSW website hosted interactive database DIGS under reference CR⁄81⁄1535.

(2) I am advised that the main conclusion of this study was that any of the coals examined would provide suitable feed coal for direct coal liquefaction after washing.

(3) The study was conducted jointly between the Commonwealth Government and the State Governments of New South Wales, Queensland and Victoria and the Federal Republic of Germany. The cost was approximately $A3.6 million with the Australian Commonwealth and State Governments contributing equally to half of the total project cost.

(4) I am advised there is currently no coal being mined in the Hunter Valley that is being used as feed stock for coal liquefaction.

*4484 MINERAL AND FOREST RESOURCES—EARTH TREMORS IN CAMBERWELL—Ms Rhiannon asked the Minister for Ageing, Minister for Disability Services, Minister for Volunteering, and Minister for Youth representing the Minister for Mineral and Forest Resources, Minister for Ports and Waterways, and Minister for the Illawarra—

(1)(a) Will investigation into the cause of earth tremors that have been occurring for the past twelve

months in Camberwell, 13km north of Singleton be arranged?(b) If not, why not?

(2)(a) Will a geological study in Camberwell be arranged?


(b) If not why not?

(3)(a) Will seismographic measuring be arranged of these ongoing earth tremors in Camberwell?(b) If not why not?

Answer— (1)

(a) No.(b) Geoscience Australia, a Federal Government Agency, conducts ongoing research into

earthquakes and the risk posed by earthquakes in Australia. Earthquakes and tremors have been recorded in the Hunter Valley since European settlement in 1804 and those detected over the last 12 months are not unusual and remain consistent with natural geological activity.

(2)(a) No.(b) Geoscience Australia is the main public agency that conducts research into earthquakes and

tremors.

(3)(a) No.(b) Australian earthquakes are principally monitored by the Australian National Seismograph

Network, operated by Geoscience Australia.

*4485 PREMIER—WEAPONS CLASSES—Ms Rhiannon asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Premier, and Minister for Redfern Waterloo—

(1) Has the Premier had discussions with members of the Shooters Party about the introduction of shooting lessons and gun handling programs into school curriculums?

(2) Has the Department of Education and Training been instructed to recommend how shooting lessons and gun-handling programs could be introduced into school curriculums?

Answer— The Premier has not discussed these matters with members of the Shooters Party.The Department of Education and Training has Guidelines for the Safe Conduct of Sport and Physical Activity in Schools, with sections covering most of the sports regularly offered in government schools, to provide advice to Principals on the management of school sport programs. The Guidelines are not part of the school curriculum, which is developed by the NSW Board of Studies.A small number of country secondary schools offer rifle and trap shooting at local community ranges as part of their school sport program. In these instances, schools conduct a range of risk management checks and must obtain the approval of their Regional Director.Consideration is being given to developing a section in the Guidelines around rifle and trap shooting to formalise the requirements that schools offering the sport must meet.

*4486 EDUCATION AND TRAINING—WEAPONS CLASSES—Ms Rhiannon asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Minister for Education and Training—

(1) Has the Minister for Education and Training had discussions with members of the Shooters Party about the introduction of shooting lessons and gun handling programs into school curriculums?

(2) Has the Department of Education and Training been instructed to recommend how shooting lessons and gun-handling programs could be introduced into school curriculums?

Answer— The Department of Education and Training has not been instructed to recommend how shooting lessons and gun handling programs could be introduced into the school curriculum.

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To provide advice to Principals on the management of school sport programs, the Department develops and maintains Guidelines for the Safe Conduct of Sport and Physical Activity in Schools, with sections covering most of the sports regularly offered in government schools.A small number of country secondary schools offer rifle and trap shooting at local community ranges as part of their school sport program. In these instances, schools conduct a range of risk management checks and must obtain the approval of their Regional Director.Although the number of schools in this category is small, consideration is being given to developing a section in the Guidelines around rifle and trap shooting in order to formalise the expectations that schools offering the sport must meet.Members of the Shooters Party have raised the development of Guidelines on rifle and trap shooting with both the Department and myself.

*4487 CLIMATE CHANGE AND THE ENVIRONMENT—JERVIS BAY MARINE PARK AUTHORITY SPEARFISHING RESTRICTIONS—Mr Brown asked the Minister for Transport, Minister for the Central Coast representing the Minister for Climate Change and the Environment, and Minister Assisting the Minister for Health (Cancer)—

(1) The Jervis Bay Marine Park Authority (MPA) has recently announced the review of the zoning and allowable activities as part of the five year review. As part of the stated aims of the marine park, the zoning is based on allowing sustainable activities to occur, albeit with restrictions if required to minimise or eliminate identified risks. What science does the Jervis Bay MPA have that specifically indicates that spearfishing as an activity poses a risk to the biodiversity of the park?

(2) How has this risk been assessed against other identified risks?(3) How was the determination made by the MPA to support the proposal?(4) It is noted that spear fishing has been specifically targeted for further restrictions within the confines

of the marine park boundaries. Namely, included in the draft review plan, a special habitat protection zone is to be created from Moes Rock to Steamers Head, which would allow rock fishing, yet eliminate spearfishing. Why has spearfishing in this zone been purposefully excluded from this habitat protection zone, yet other fishing activities that target the same range of fish species are allowed?

(5)(a) Is a further restriction planned for Honeymoon Bay that will restrict spearfishing, as it poses a

believed safety risk for swimmers?(b) Is the proposal to restrict spearfishing at Honeymoon Bay based on a potential threat or from

identified incidents, given that Honeymoon Bay represents one of the very few areas available for shore based spearfishers to teach both young and new divers in a safe environment where the divers are not exposed to ocean swell or current, yet have available shallow water reef?

Answer— (1) Recent scientific mapping of Jervis Bay Marine Park has shown under-representation of intermediate

depth reef within the marine park. Zoning adjustments are being proposed to improve representation of this habitat type within sanctuary zones, without increasing the overall area of sanctuary zones within the marine park. The draft zoning plan for Jervis Bay Marine Park does not specifically target impacts from spearfishing as distinct from any other extractive activity in the marine park. Proposed zoning amendments have also been designed to address issues raised through public submissions on the current zoning plan.

(2) The proposed sanctuary zones would apply to all forms of extractive use and are not intended to address risks to biodiversity posed specifically by spearfishing activity.

(3) The Marine Parks Authority endorsed the public exhibition of a number of potential zoning amendments based on the findings of the Jervis Bay Marine Park Zoning Plan Review Report, which is a publicly available document. All submissions received will be considered.

(4) A proposed habitat protection zone, within 100 metres of the shore between Moes Rock and Stony Creek, has been designed to provide ongoing access to land-based angling from this stretch of coastline. The adjacent Commonwealth-managed Booderee National Park provides walking track access to the rock platform for that purpose. Under Commonwealth policy and regulations, it is not permissible to carry a speargun through Booderee National Park. Therefore, shore-based spearfishing


is not permissible. Given the nature of the coastline at that location, which is exposed to dangerous swell and shoals, it is proposed to exclude all forms of boat-based fishing, including spearfishing, from the 100-metre wide strip of habitat protection zone for safety reasons.

(5)(a) Yes.(b) Honeymoon Bay is a very small embayment on the north side of Jervis Bay, adjacent to a

popular family campground. The proposal to restrict spearfishing and motorised vessel access is based on risks posed to swimmers, especially children, within the confines of this popular and often crowded recreation area.

*4488 POLICE—X-RATED MATERIALS IN NEW SOUTH WALES—Ms Rhiannon asked the Treasurer, Minister for State and Regional Development, Special Minister of State representing the Minister for Police, and Minister for Finance—

(1) Do thirty per cent of the New South Wales adult population buy x-rated films at some stage in their lives?

(2) Would a regulated system for the sale, buying and viewing of x-rated videos similar to what exists in the Australian Capital Territory contribute to ending the black market in x-rated material in this state?

(3) Are x-rated materials currently being sold in newsagents, service stations and video stores across New South Wales?

(4) What steps are the Government taking to end the black market in x-rated materials?(5) How many people were prosecuted in the following years for selling x-rated material at adult shops:

(a) 2008?(b) 2009?

(6) How many people were prosecuted in the following years for selling x-rated material at newsagents: (a) 2008?(b) 2009?

(7) How many people were prosecuted in the following years for selling x-rated material at video outlets: (a) 2008?(b) 2009?

(8) How many raids on separate establishments has the NSW Police Force made in the following years to detect X-rated material: (a) 2008?(b) 2009?(c) 2010 to date?

(9) How many police were dedicated to these raids in the following years: (a) 2008?(b) 2009?(c) 2010 to date?

Answer— The NSW Police Force has advised me :(1) to (4) Publications, films and computer games are classified according to the (Commonwealth) Classification (Publications, Films and Computer Games) Act 1995. These questions should therefore be directed to the Commonwealth Attorney General. It should be noted that only films carry an X rating.(5) (a) 3.(b) 3.(6) (a) 0.(b) 3.

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(7) (a) 0.(b) 3.(8) and (9) The Commonwealth Attorney General's Department Classifications Operations Branch refers matters relating to the enforcement of unclassified materials to the Sex Crimes Squad, which then refers it to the relevant Local Area Command for investigation and any action deemed appropriate.Data on relevant raids performed by Local Area Commands is not centrally collated and this information cannot be ascertained in the timeframe provided.

*4489 ATTORNEY GENERAL—X-RATED MATERIALS IN NEW SOUTH WALES—Ms Rhiannon asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council—

(1) Do thirty per cent of the New South Wales adult population buy x-rated films at some stage in their lives?

(2) Would a regulated system for the sale, buying and viewing of x-rated videos similar to what exists in the Australian Capital Territory contribute to ending the black market in x-rated material in this state?

(3) Are x-rated materials currently being sold in newsagents, service stations and video stores across New South Wales?

(4) What steps are the Government taking to end the black market in x-rated materials?(5) How many people were prosecuted in the following years for selling x-rated material at adult shops:

(a) 2008?(b) 2009?

(6) How many people were prosecuted in the following years for selling x-rated material at newsagents: (a) 2008?(b) 2009?

(7) How many people were prosecuted in the following years for selling x-rated material at video outlets: (a) 2008?(b) 2009?

Answer— I am advised:I refer to my previous answers to Ms Rhiannon's questions without notice.The Australian Capital Territory and the Northern Territory allow the sale of X18+ films. NSW, along with other jurisdictions that prohibit the sale of X18+ films, does not prohibit mere possession of such films. Adults in NSW can legally possess or own X18+ films and can privately exhibit them to other adults. This approach accommodates the differing regimes across the country.The issue of law enforcement is a matter for the Minister for Police. However, the Commonwealth Classification Liaison Scheme has a role to play in investigating the availability of unclassified films that may contain content capable of being classified X18+ in newsagents and service stations. The maximum penalty in NSW for selling an unclassified film subsequently classified Refused Classification (RC) or X18+ is a fine of $11,000 or 12 months imprisonment for an individual or a fine of $27,500 for a corporation.The Bureau of Crime Statistics and Research is unable to break down court data to provide information on which types of retail outlets were selling or exhibiting X18+ materials.In 2008, three people were prosecuted in the NSW Local Courts for offences under section 6(a) of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 and one person was prosecuted for an offence under section 6(b) of the Act. Court data for 2009 is not yet publicly available.


*4490 CLIMATE CHANGE AND THE ENVIRONMENT—FLYING FOX LICENCES UNDER SECTION 121—Ms Rhiannon asked the Minister for Transport, Minister for the Central Coast representing the Minister for Climate Change and the Environment, and Minister Assisting the Minister for Health (Cancer)—

(1) How many section 121 licences to harm flying foxes were issued in the following years: (a) 2006⁄07?(b) 2007⁄08?(c) 2008⁄09?(d) 2009⁄10 to date?

(2)(a) How many of these section 121 licences were issued to orchardists in each of these years?(b) What work is the Department of Environment, Climate Change and the Environment

undertaking with orchardists to reduce the shooting of grey headed flying foxes?

(3) What work is the Department undertaking to develop non-lethal control methods for native species covered by Section 121?

Answer— (1) Licences issued under s120 of the National Parks and Wildlife Act are as follows:

(a) 2006⁄07 32(b) 2007⁄08 35(c) 2008⁄09 29(d) 2009⁄10 55

(2)(a) All licences were issued to orchardists.(b) The Department of Environment, Climate Change and Water's (DECCW) policy on the

mitigation of commercial crop damage by flying foxes continues to strongly advocate the use of netting by orchardists as the most effective means of protecting fruit crops. Guidelines for the use of nets on commercial orchards and backyard fruit trees have been published on the DECCW website. In 2009-2010 working with agricultural experts within Industry & Investment NSW, DECCW introduced revised standard operating procedures for the shooting of flying foxes. The procedures identify the most humane methods currently available for undertaking licensed shooting, and clarify the animal welfare responsibilities of licenses. Adherence to the procedures has been made a condition of all flying fox licences issued by DECCW. DECCW is also working with local NSW Police Area commands and the community to reduce the incidence of illegal shooting of flying foxes.

(3) DECCW monitors the scientific literature and other informed sources to keep abreast of improvements and methods for non-lethal management of native fauna. With respect to flying fox damage, DECCW is aware of the research into the efficacy of non-lethal scare and other deterrent devices and understands that at this stage they have limited value in protecting crops from damage.

*4491 CLIMATE CHANGE AND THE ENVIRONMENT—FORESTS NSW BREACHES OF FORESTRY REGULATIONS—Ms Rhiannon asked the Minister for Transport, Minister for the Central Coast representing the Minister for Climate Change and the Environment, and Minister Assisting the Minister for Health (Cancer)—

(1) How many letters of warning arising from breeches associated with forestry operations have been issued by the Department of the Environment to Forests NSW in the following years: (a) 2006⁄07?(b) 2007⁄08?(c) 2008⁄09?(d) 2009⁄10?

(2) How does the Department of Environment follow up with Forests NSW after the letters of warning have been sent?

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(3) Has the Department of Environment initiated any prosecutions arising from breeches by Forests NSW?

Answer— (1) The Department of Environment, Climate Change and Water (DECCW) issued the following number

of warning letters to Forests NSW in: (a) 2006⁄07 - Nine (b) 2007⁄08 - Twelve (c) 2008⁄09 - Ten (d) 2009⁄10 - Ten

(2) DECCW maintains an active compliance program, responding to new and recurrent compliance issues using a suite of regulatory tools, including audits, warning letters, requirements to remediate or clean-up sites, penalty notices and prosecutions.

(3) Yes. In 2004, Forests NSW were prosecuted for pollution of waters in contravention of the Protection of the Environment Operations Act 1997 and was fined $30,000 in the Land and Environment Court.

*4492 PRIMARY INDUSTRIES—GAME COUNCIL RESPONSIBILITIES AND SERVICES—Ms Rhiannon asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Primary Industries, Minister for Emergency Services, and Minister for Rural Affairs—

(1) What compensation is available to people when stock are killed by shooters licensed by the Game Council?

(2) What steps do people whose stock is killed by shooters licensed by the Game Council have to take to obtain compensation?

(3)(a) If no compensation is available is there any other assistance provided to people whose stock is

killed by shooters licensed by the Game Council?(b) If not, why not?

Answer— This is a matter for the Minister of Mineral and Forest Resources.

*4493 CLIMATE CHANGE AND THE ENVIRONMENT—THREATENED GREEN TURTLES AND ERARING ENERGY POWER STATION—Dr Kaye asked the Minister for Transport, Minister for the Central Coast representing the Minister for Climate Change and the Environment, and Minister Assisting the Minister for Health (Cancer)—

(1) Have two threatened green turtles recently been sighted in the Eraring power station inlet canal in Lake Macquarie?

(2) What action has been taken in the last year to ensure that Eraring Energy prevents turtles entering Eraring power station's water-cooling inlet canal and that turtles are not harmed?

(3)(a) What progress has been made in the design and installation of turtle exclusion devices that will

not harm threatened turtle species?(b) If no progress has been made, why not?

(4)(a) Has Eraring Energy decided not to proceed with investigating mechanisms to safely exclude

turtles from the inlet canal?(b) If so is this contrary to earlier recommendations from turtle project officers?

(5)(a) How many turtles have been found in the Eraring power station outlet canal in the last twelve

months?


(b) If no records are kept in this regard, why not?

(6)(a) Has Eraring Energy received approval for variation of its licence in relation to its discharges

into the outlet canal which increase the number of hours in which higher temperature discharges are permitted?

(b) If so, was an aquatic impact study undertaken prior to the approval?

Answer— (1) The Department of Environment, Climate Change and Water (DECCW) has received advice from

Eraring Energy that two turtles were sighted in the inlet channel to the Eraring Power Station in April⁄May 2010. No information is available regarding the species of turtles.

(2) DECCW does not have a regulatory role in this aspect of the power station's operations. As Eraring Power Station falls within the portfolio responsibilities of the Minister for Energy, this question should be referred to the Hon Paul Lynch MP.

(3) This question should be referred to the Minister for Energy. (4) This question should be referred to the Minister for Energy. (5) This question should be referred to the Minister for Energy. (6)

(a) For the last three years, Eraring Energy has held an environment protection licence that restricts the discharge of cooling waters between 35°C-37.5°C to a maximum of 200 hours per year. DECCW is currently reviewing this provision for another five years. Eraring Energy will be required to continue aquatic monitoring programs.

(b) Yes.

*4494 ENERGY—THREATENED GREEN TURTLES AND ERARING ENERGY POWER STATION—Dr Kaye asked the Minister for Transport, Minister for the Central Coast representing the Minister for Industrial Relations, Minister for Commerce, Minister for Energy, Minister for Public Sector Reform, and Minister for Aboriginal Affairs—

(1) Have two threatened green turtles recently been sighted in the Eraring power station inlet canal in Lake Macquarie?

(2) What action has been taken in the last year to ensure that Eraring Energy prevents turtles entering Eraring power station's water-cooling inlet canal and that turtles are not harmed?

(3)(a) What progress has been made in the design and installation of turtle exclusion devices that will

not harm threatened turtle species?(b) If no progress has been made, why not?

(4)(a) Has Eraring Energy decided not to proceed with investigating mechanisms to safely exclude

turtles from the inlet canal?(b) If so is this contrary to earlier recommendations from turtle project officers?

(5)(a) How many turtles have been found in the Eraring power station outlet canal in the last twelve

months?(b) If no records are kept in this regard, why not?

(6)(a) Has Eraring Energy received approval for variation of its licence in relation to its discharges

into the outlet canal which increase the number of hours in which higher temperature discharges are permitted?

(b) If so, was an aquatic impact study undertaken prior to the approval?

Answer—

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I am advised:(1) Two turtles were sighted in the inlet canal in April⁄May 2010 and remained there for a few days.

These turtles are able to freely move in and out of the inlet canal and have not been sighted since this time. The turtle species has not been ascertained.

(2) Eraring Energy, as an outcome of its external environment strategy meeting, has an active working party consisting of Eraring Energy staff and Community⁄Regulator members to develop a collaborative strategic document for turtle management at Eraring Power Station. This document includes reference to Inlet Canal Modifications including turtle embayment area, capture, tag and release methods and education for staff.

(3)(a) and (b) Turtle exclusion devices have not been designed or installed at the inlet canal. The

Turtle management working party involving community members evaluated the device options and decided not to pursue such installations as current designs could potentially harm turtles and the current capture techniques employed have far less impact on turtle health.

(4)(a) Eraring Energy will continue to evaluate any suggested turtle exclusion mechanisms. Options

evaluated to date were rejected by the working party as unsuitable because they would have introduced a potential to impact on other marine life and seabirds and still have a possibility of entangling sea turtle.

(b) The Environment and Engineering Sections investigated thoroughly a number of modifications to the cooling water inlet canal. In consultation with the working party, a number have been implemented, including a turtle embayment area designed by an independent turtle expert and modifications to the Cooling Water Screening system. However exclusion mechanisms identified so far have been assessed as being unsuitable both to marine life in general and power station operation.

(5)(a) and (b) Eraring Energy does not keep records of turtles sighted at the outlet canal and Myuna

Bay. There is only limited movement of turtles into the actual outlet canal and most observations of turtles are at Myuna Bay and the greater Lake Macquarie.

(6)(a) and (b) Eraring Energy has not received approval from DECCW for a licence variation for an

increase in hours for Cooling Water temperatures. A range of aquatic studies were requested by DECCW and completed by Eraring Energy for the licence variation submission.

*4495 EDUCATION AND TRAINING—LAPTOP ROLL OUT DELAY—Dr Kaye asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Minister for Education and Training—

(1)(a) What are the causes of the delay in the roll out of laptop computers to some year nine students

in New South Wales?(b) How many students are affected?(c) How has the delay impacted on educational opportunities for those year nine students who did

not receive their laptop computer at the scheduled time?(d) Were any private schools affected?

(2) Are the laptop computers being distributed to students without proper protective casing because the plastic cases supplied by Lenovo are faulty?

(3)(a) Will Lenovo be covering the costs of replacement or repair of computers with screen damage

and no sign of other physical damage?(b) Will Lenovo be covering the costs of replacement or repair of computers that are distributed to

students without proper protective casing, and have sustained damage other than screen damage?

(c) If not:


(i) Why not?(ii) Who will bear these costs?

(4) What steps will the Department of Education and Training take to ensure that computers and appropriate padded protective casing issued to students are quality products?

Answer— (1)

(a) All New South Wales government secondary and central schools received their student allocation of laptop computers through the Digital Education Revolution – NSW Program by 31 May 2010 as scheduled. Some principals chose not to distribute the laptops immediately after they were commissioned in the belief that the plastic cases were too tight and could cause screen damage.The Program's technology partner, Lenovo, provided plastic cases for the laptops distributed to students at no cost to the Program and they were not included in the tender process. On 27 May 2010 principals were advised that, in accordance with the National Secondary Schools Computer Fund agreement, all laptops were to be distributed without delay.

(b) Following the advice to principals on 27 May 2010 it is expected that all students had access to a Digital Education Revolution – NSW laptop.

(c) The laptop is a teaching and learning tool to support the delivery of educational programs and those programs continued to be delivered by schools awaiting distribution of the laptops.

(d) The Digital Education Revolution – NSW Program is an agreement with the Commonwealth Government to distribute laptop computers to senior students in New South Wales government schools.

(2) Principals were advised on 27 May 2010 to distribute laptops to students without the plastic cases supplied by Lenovo since the cases supplied by Lenovo were too tight. Lenovo will be providing replacement plastic cases to all schools at no cost. Deliveries will commence at the beginning of Term 3.

(3)(a) Lenovo will repair under warranty all computers with screen damage that is not caused by

student negligence.(b) Lenovo will repair under warranty all computers that are distributed to students without

protective casing and have sustained damage other than screen damage that is not caused by student negligence.

(4) Continuous formal dialogue every week with the technology partner, Lenovo, allows the Department of Education and Training to manage the quality of goods and services received. The Department reviews weekly service level reports in which data trends are scrutinised and, where applicable, work efforts initiated to remediate identified faults.

*4496 EDUCATION AND TRAINING—CORRESPONDENCE—Dr Kaye asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Minister for Education and Training—

(1) Why has the Minister for Education and Training failed to reply to a letter from Tom and Mary Davidson written in January 2010?

(2) When will the Minister reply?

Answer— I am advised that a response to Mrs Mary and Mr Tom Davison regarding this correspondence (reference: RML10⁄83) was sent on 1 March 2010.

*4497 EDUCATION AND TRAINING—ENROLLMENT—Dr Kaye asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Minister for Education and Training—

(1) What is the Department of Education and Training's policy when parents have validly enrolled a child at one school but the child arrives at another school with the intention of attending that school?

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(2) Will the Minister for Education and Training confirm that the Department will abide by parental decisions on which public school their child should attend when that decision complies with admission to government school provisions in the Education Act 1990?

Answer— (1) Enrolments occur in accordance with the Department's Enrolment of Students in Government

Schools: A Summary and Consolidation of Policy, which reflects the relevant enrolment sections of the Education Act 1990. The General Principles Governing Enrolment section of this policy states: "A child should be enrolled in one school only at any given time". A parent may request the enrolment of their child by completing an Application to Enrol in a NSW Government School form.

(2) The Department makes provision for enrolment in accordance with the Education Act 1990. Specifically: * Children are entitled to be enrolled at the government school that is designated for the intake area within which the child's home is situated and that the child is eligible to attend.* Parents may seek to enrol their child in the school of their choice.* Schools are required to have a written policy which states the grounds on which non-local enrolments will be accepted.* The primary criteria for acceptance of non-local enrolments will include the availability of appropriate staff and permanent classroom accommodation.

*4498 WATER—NORTHSIDE STORMWATER STORAGE TUNNEL WATER RE-USE PIPELINE—Dr Kaye asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Water, and Minister for Corrective Services—

(1) Has the water re-use pipeline installed in the $400 million Northside Stormwater Storage Tunnel never been used for the purpose for which it was built?

(2) Due to deterioration, will the water re-use pipeline installed in the Northside Stormwater Storage Tunnel never be used for the purpose for which it was built?

(3) What options for repair of the water re-use pipeline infrastructure have been investigated?(4) What was the cost of installing the water re-use pipeline?

Answer— (1) to (4) Corrosive groundwater entering the pipeline means it is unable to be used to supply re-use

water. North Head Sewage Treatment Plant recycled about 1.5 million litres of wastewater a day for use in the sewage treatment process and for onsite cleaning, meeting about 95 per cent of the site's water needs. In addition, under the NSW Government's Metropolitan Water Plan, greater Sydney will be using 70 billion litres of recycled water by 2015, which is the equivalent of about 12 per cent of greater Sydney's water needs.

*4499 EDUCATION AND TRAINING—BEHAVIOUR SCHOOLS—Dr Kaye asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Minister for Education and Training—

Regarding the schools for specific purposes, known as a behaviour schools:(a) What is the title and location of each school?(b) What is the total equivalent full-time teaching staff for each school?(c) How many total equivalent full-time teaching staff are permanent?(d) How many total equivalent full-time teaching staff are temporary or casual?(e) What is the proportion of permanent teaching staff who have less than 10 years teaching

experience?(f) What was the total incidence of sick leave in 2009 for all teaching staff?

Answer—


(a) and (b) The total equivalent full-time (FTE) teaching staff for each school as at the pay period ending 9 July 2009 for permanent and temporary teachers, and the pay period ending 26 June 2009 for casual teachers is as follows:

Region School FTESouth Western Sydney Ajuga School 15.06 Northern Sydney Arndell School 4.90New England Barwon Learning Centre 4.80Sydney Bridge Road School 16.48North Coast Caldera School 8.00South Western Sydney Campbell House School 11.60South Western Sydney Canterbury Vale School 5.00Western Sydney Casuarina School 7.60Sydney Centennial Park School 5.33North Coast Coffs Harbour Learning Centre 6.40Sydney Cook School 7.20Sydney Edgeware School 9.30South Western Sydney Fowler Road School 9.80Sydney Green Square School 7.60Illawarra and South East Highlands School 5.40Hunter⁄Central Coast HopeTown Schoo 12.60Riverina Kandeer School 4.80South Western Sydney Karningul School 5.00Hunter⁄Central Coast Kotara School 4.70South Western Sydney Lomandra School 15.00Western NSW Mian School 12.48Northern Sydney Naremburn School 6.80Hunter⁄Central Coast North Gosford Learning Centre 4.80New England Parry School 5.70Western Sydney Penrith Valley Learning Centre 5.50Western Sydney Plumpton House School 8.80Western Sydney Redbank School 11.30South Western Sydney Rivendell School 23.00Northern Sydney The Beach School 13.95Riverina The Bidgee School 4.80South Western Sydney Verona School 6.40Hunter⁄Central Coast Wakefield School 7.10Sydney Woniora Road School 12.20Hunter⁄Central Coast Woodberry Learning Centre 5.50

(c) 219.6.(d) 75.3.(e) As at 1 July 2010, approximately, 50 per cent of permanent teaching staff in behaviour schools have fewer than 10 years' service.(f) The total number of sick leave days taken in 2009 in behaviour schools by permanent teaching staff was 1,212.75. The total number of sick leave days taken in 2009 in behaviour schools by temporary teaching staff was 273.00.

*4500 TRANSPORT—BLUE MOUNTAINS TRAIN SERVICES—Ms Rhiannon asked the Minister for Transport, Minister for the Central Coast—

(1)(a) In 2008 Independent Pricing and Regulatory Tribunal noted that approximately 13-16 per cent

of peak period trains carried loads above 135 per cent of their seating capacity.(b) What action has the government taken to reduce the seat capacity?

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(c) What is the current seating capacity?

(2)(a) Given that the Blue Mountains is a major tourism destination with more than three million

people per annum visiting Echo Point and more than one million people per annum visiting Scenic World at Katoomba and that the Blue Mountains is the number one day visit destination in NSW, what action is the government taking to expand the numbers of people using public transport when they visit the Blue Mountains?

(b) Does the government plan to put on weekend express rail services visits to the Blue Mountains to increase the number of visitors using public transport?


(3) What plans does the government have to provide weekday rail services west of Katoomba to Medlow Bath, Blackheath and Mt Victoria as well as the regional centre of Lithgow?

(4)(a) Does the government plan to implement bidirectional signaling for the entire section of the

Western line between Emu Plains and Mt Victoria in order to increase capacity?(b) If not, why not?

(5)(a) Do the current train paths and siding lengths in the Blue Mountains limit use of the Western line

through the Blue Mountains by both freight and passenger services?(b) If so, what action does the government plan to take to remedy this situation?

Answer— I am advised:(1) (a) and (b) RailCorp has a comprehensive multi-billion dollar improvement plan to increase capacity

across the CityRail network to meet growth. Major initiatives since the 2008 include:* Implementation of the Epping to Chatswood Rail Link in 2009. The new link has freed up capacity on the busy Western line to introduce additional services to ease crowding.* Rail Clearways Plan, which includes various infrastructure projects to unlock capacity, strengthen service reliability and increase capacity to meet growth. Several of these projects are already complete and are delivering benefits to customers. * Waratah trains purchase of 626 new air conditioned carriages to replace non air conditioned trains and provide additional trains for growth. These trains will also enable the build up of all remaining 6-car suburban trains to 8 carriages.* Outer Suburban Carriages (Oscars) which will deliver improvements to the South Coast, Central Coast and lower Blue Mountains lines. To date, 122 carriages (Stages 1 and 2) have been delivered. A further 74 carriages have been ordered and will progressively delivered from late 2010.* Construction of the South West Rail Link that includes a new 11.4 kilometre twin track route from Glenfield to Leppington. This new link will provide rail access to the developing south west sector of Sydney and allow for the introduction of additional services. * Metropolitan Transport Plan including $4.5 billion for a Western express CityRail service. * Introduction of the 2009 CityRail timetable which integrated a range of rail projects and delivered additional peak services on the Western, South and East Hills lines as well as additional services in the late morning period on the Western, South, Northern and lower North Shore lines. This timetable has delivered 100 additional weekday services and 8,000 additional seats in peak periods.* The next timetable change will occur in October 2010 to activate the capacity benefits of the recently completed Cronulla line duplication project (Rail Clearways).(c) The most recent service capacity survey is published on the CityRail website. Visit http:⁄⁄www.cityrail.info⁄about⁄our_performance⁄

(2)(a) The Metropolitan Transport Plan includes $4.5 billion for a Western Express CityRail Service to

provide faster and more frequent trains from Western Sydney to the City. Journey time savings will be achieved through construction of a dedicated track - separate from other traffic. This


includes saving 17 minutes on the journey time from Springwood station. Seating capacity to and from the Mountains will be increased with two 6-car InterCity trains to be lengthened to 8 car sets. The new MyZone fares were successfully implemented on 18 April 2010. Not only have 94 per cent of all journeys become cheaper or have remained the same price, but travelling in and around greater Sydney, the Blue Mountains, the Central Coast, the Hunter and the Illawarra have become easier. The new MyMulti ticket is providing a truly integrated product that is easier to use, fairer to all public transport users and will also support the NSW Government's aim of encouraging greater numbers of public transport users across the greater Sydney region. The Government also funded the acquisition of 300 growth buses, which have been delivered ahead of schedule. All areas across Sydney have benefited which assists in providing additional transport options for commuters wishing to use public transport to and from the Blue Mountains. In addition, 1000 new buses have been announced in the Metropolitan Transport Plan. The 2010-11 Budget includes $145 million to purchase 200 new growth buses, the first to be delivered under the Metropolitan Transport Plan. Buses will be delivered to regions with growing populations across greater Sydney, the Blue Mountains, the Hunter, Illawarra and Central Coast. Buses will connect with other forms of public transport as we increase the integration of services across the network.The Government will fund $400 million over the next ten years to provide commuter car parks and interchanges under the Metropolitan Transport Plan. These new commuter car parks are in addition to the 29 commuter car parks currently being delivered which will deliver 7,000 additional car spaces across Sydney, the Blue Mountains, the Central Coast and Illawarra, making it easier for people to make use of public transport facilities.

(b) and (c) RailCorp currently operates express services between the Blue Mountains and the City on weekends.

(3) RailCorp currently operates weekday rail services each way between Lithgow and Sydney City, and each way between Mt Victoria, Blackheath, Medlow Bath and Sydney City.

(4)(a) and (b) Bi-directional signalling is not related to capacity enhancement.

(5)(a) and (b) The Blue Mountains line is double track with passing loops for freight services

accommodating freight and passenger service needs.

*4501 CLIMATE CHANGE AND THE ENVIRONMENT—CLIMATE CHANGE FUNDING—Mr Cohen asked the Minister for Transport, Minister for the Central Coast representing the Minister for Climate Change and the Environment, and Minister Assisting the Minister for Health (Cancer)—

(1)(a) Has the Department of the Environment Climate Change and Water (DECCW) approved

$2,000,000 of funding to Tooheys Pty Limited under the Climate Change Fund?(b) If so, was this funding for the total cost of the project?(c) How much funding has Tooheys Pty Limited contributed to the project?(d) What is the total project greenhouse gas, water or energy savings over the life of the project?(e) What is cost effectiveness of DECCW's investment in this project?

(2)(a) Has DECCW contributed $444,000 to Kellogg (Aus) Pty Ltd under the Climate Change Fund?(b) If so, was this funding for the total cost of the project?(c) How much funding has Kellogg (Aus) Pty Ltd contributed to the project?(d) Did the project with Kellogg (Aus) Pty Ltd provide for 1,563.5 MWh⁄yr of savings per year?(e) If so, are the total greenhouse gas, water or energy savings related to the whole project or are

they only in relation to the funding DECCW invested?(f) What is cost effectiveness of DECCW's investment in this project?

(3)

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(a) Has DECCW approved $90,000 of funding to Coles Group Limited under the Climate Change Fund?

(b) If so, was this funding for the total cost of the project?(c) How much funding has Coles Group Limited contributed to the project?(d) What is the total project savings over the life of the project?(e) What is cost effectiveness of DECCW's investment in this project?

(4)(a) Has DECCW contributed $680,000 to Qantas Airways Limited under the Climate Change

Fund?(b) If so, was this funding for the total cost of the project?(c) How much funding to Qantas Airways Limited contributed to the project?(d) Did the project with Qantas Airways Limited provide for 1,434 MWh⁄yr of savings per year?(e) If so, are the savings related to the whole project or are they only in relation to the funding

DECCW invested?

(5)(a) Has DECCW approved $1,661,570 of funding Amcor Packaging Australia (P⁄L) under the

Climate Change Fund?(b) If so, was this funding for the total cost of the project?(c) How much funding has Amcor Packaging Australia (P⁄L) contributed to the project?(d) What is the total project savings over the life of the project?(e) What is cost effectiveness of DECCW's investment in this project?

(6)(a) Has DECCW contributed $925,000 to Arnotts Snackfoods under the Climate Change Fund?(b) If so, was this funding for the total cost of the project?(c) How much funding to Arnotts Snackfoods contributed to the project?(d) Did the project with Arnotts Snackfoods provide for 137.2 ML⁄yr of savings per year?(e) If so, are the savings related to the whole project or are they only in relation to the funding

DECCW invested?

(7)(a) Has DECCW approved $240,000 of funding Bonds Industries Limited under the Climate

Change Fund?(b) If so, was this funding for the total cost of the project?(c) How much funding has Bonds Industries Limited contributed to the project?(d) What is the total project savings over the life of the project?(e) What is cost effectiveness of DECCW's investment in this project?

(8)(a) Has DECCW contributed $725,000 to MasterFoods (Effen Foods Pty Ltd) under the Climate

Change Fund?(b) If so, was this funding for the total cost of the project?(c) How much funding to MasterFoods (Effen Foods Pty Ltd) contributed to the project?(d) Did the project with MasterFoods (Effen Foods Pty Ltd) provide for 109.3 ML⁄yr of savings per

year?(e) If so, are the savings related to the whole project or are they only in relation to the funding

DECCW invested?

(9)(a) Has DECCW approved $115,900 of funding So Natural Foods Australia Limited under the

Climate Change Fund?(b) If so, was this funding for the total cost of the project?(c) How much funding has So Natural Foods Australia Limited contributed to the project?(d) What is the total project savings over the life of the project?


(e) What is cost effectiveness of DECCW's investment in this project?

(10)(a) Has DECCW contributed $420,000 to Port Kembla Coal Terminal Limited under the Climate

Change Fund?(b) If so, was this funding for the total cost of the project?(c) How much funding to Port Kembla Coal Terminal Limited contributed to the project?(d) Did the project with Port Kembla Coal Terminal Limited provide for 95.0 ML⁄yr of savings per

year?(e) If so, are the savings related to the whole project or are they only in relation to the funding

DECCW invested?

(11)(a) Has DECCW approved $287,363 of funding Sanitarium (Australian Health & Nutrition

Association Limited) under the Climate Change Fund?(b) If so, was this funding for the total cost of the project?(c) How much funding has Sanitarium (Australian Health & Nutrition Association Limited)

contributed to the project?(d) What is the total project savings over the life of the project?(e) What is cost effectiveness of DECCW's investment in this project?

(12)(a) Has DECCW contributed $150,000 to Woolworths Limited under the Climate Change Fund?(b) If so, was this funding for the total cost of the project?(c) How much funding to Woolworths Limited contributed to the project?(d) Did the project with Woolworths Limited provide for 13.3 ML⁄yr of savings per year?(e) If so, are the savings related to the whole project or are they only in relation to the funding

DECCW invested?

Answer— Note 1. A number of questions request the total greenhouse gas, water or energy savings over the life of the project. In the project assessment process, the Department estimates savings for the first 10 years of the project so that all projects can be compared equally. On this basis, the response to each question which asks for savings over the life of the project refers to the savings over the first 10 years of the project.Note 2. A number of the questions request the cost effectiveness of DECCW's investment in the project.

• Energy Saving Projects - DECCW uses an avoided cost model to calculate the cost effectiveness of energy projects. A proposal's cost effectiveness is calculated as the funding requested divided by the total project energy savings. This method was developed by DECCW and independently reviewed. A cost effectiveness of less than 1 indicates that an energy savings project is more cost effective than the alternative of investing in additional electricity generation or distribution infrastructure.

• Water Saving Projects - DECCW calculates the cost effectiveness of water saving projects by dividing the funding sought by 10 years worth of savings. All funded projects must be under the maximum benchmark of $2 per kilolitre (kL).

(1)(a) Yes(b) No.(c) Tooheys Pty Limited contributed $2,400,000 to the project.(d) The project is in the final stages of implementation and expected to save 114,800 megawatt-

hours (MWh) of electricity and 87,000 tonnes of carbon dioxide over the first 10 years of the project.

(e) This is an energy savings project and the project's cost effectiveness was 0.21.(2)

(a) Yes.

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(b) No.(c) Kellogg (Aus) Pty Ltd contributed $496,329 to the project.(d) No. The project will achieve 2606 MWh of electricity savings and 4289 gigajoules (GJ) of

natural gas savings per annum, as well as a 220 kW reduction in the level of summer peak demand.

(e) For the whole project.(f) The project's cost effectiveness was 0.22.

(3)(a) Yes.(b) No.(c) Coles Group Limited contributed $110,200 to the project.(d) The project is expected to save 400 megalitres (ML) of water over its first 10 years.(e) This project's cost effectiveness was $0.22 per kilolitre (kL).

(4)(a) Yes.(b) No.(c) The project is still being implemented and Qantas Airways Limited will contribute $578,750.(d) No, the project is still being implemented.(e) Eventual savings will be for the whole project.

(5)(a) Yes.(b) No.(c) Amcor Packaging Australia (P⁄L) contributed $12,192,984 to the project.(d) The project is expected to save 1600 ML of water over its first 10 years.(e) This project's cost effectiveness was $1.04⁄kL.

(6)(a) Yes.(b) No.(c) Arnotts Snackfoods contributed $925,000 to the project.(d) No. Savings from the project are 105.8 ML⁄yr.(e) For the whole project.

(7)(a) $240,000 was allocated to the project under Round 2 of the Water Savings Fund. The project

was terminated and no funding was ever released to Bonds Industries Limited.(b) No. The project was terminated.(c) None, as the project was terminated.(d) Nil, as the project was terminated.(e) Nil, as the project was terminated.

(8)(a) Yes.(b) No.(c) MasterFoods (Effen Foods Pty Ltd) contributed $972,750 to the project.(d) Yes.(e) For the whole project.

(9)(a) Yes.(b) Yes.(c) Nil.(d) The project is expected to save 322 ML of water over its first 10 years.(e) The project's cost effectiveness was $0.36⁄kL.


(10)(a) Yes.(b)(c) Port Kembla Coal Terminal Limited contributed $765,641 to the project.(d) No. Savings from the project are 230 ML⁄yr.(e) For the whole project.

(11)(a) Yes.(b) No.(c) Sanitarium (Australian Health & Nutrition Association Limited) contributed $364,756 to the

project.(d) The project is expected to save 858 ML of water over its first 10 years.(e) The project's cost effectiveness was $0.15⁄kL.

(12)(a) Yes.(b) No.(c) Woolworths Limited contributed $268,234 to the project.(d) No. Actual savings from the project are 20.8 ML⁄yr.(e) For the whole project.

*4502 ARTS—REGIONAL AND COLLABORATIVE LIBRARIES—Ms Cusack asked the Minister for Ageing, Minister for Disability Services, Minister for Volunteering, and Minister for Youth representing the Minister for Fair Trading, Minister for the Arts—

(1) Will you list details of all the regional and collaborative library systems being operated by councils sharing resources in New South Wales?

(2) What advice have you obtained regarding the legal status of regional libraries?(3)

(a) Have you inquired into arrangements for the Richmond Tweed Regional Library System?(b) If so, what are the results of your inquiries?(c) Was it necessary for the Richmond Tweed Regional Library System to be disbanded?

(4) Are you satisfied library assets accumulated during the period of regional co-operation and contributed to by Ballina, Byron Tweed Councils are adequately protected for library purposes?

(5) Are the ownership arrangements for these assets, including the floating book collection fair to all councils?

(6)(a) Will you legislate to protect other regional libraries?(b) If so, when?

Answer— (1) Details of all New South Wales regional library services are published annually in the State Library's

Public Library Statistics. The 2008⁄09 edition was published in June 2010, see page 52 at www.sl.nsw.gov.au⁄services⁄public_libraries⁄statistics⁄docs⁄2008_09statistics.pdf.

(2) I am advised that the arrangements in place for regional libraries are compliant with the Library Act 1939.

(3)(a) Yes.(b) Advice from the Lismore General Manager received by the State Library on 22 June 2010 is

that the regional library reorganisation is necessary because of governance matters associated with compliance with the Local Government Act 1993. Ballina, Byron and Tweed Councils have indicated their support of a change to the administrative arrangements of the Richmond-Tweed Regional Library to ensure compliance.

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(c) No, Richmond-Tweed Regional Library has not been disbanded.

(4) Yes.(5) Ownership of assets and collection management are matters for the councils involved.(6)

(a) It is not necessary to legislate as there is no threat to regional library services.(b) N⁄A.

*4503 CLIMATE CHANGE AND THE ENVIRONMENT—DOMETICATED PET DINGO—Mr Colless asked the Minister for Transport, Minister for the Central Coast representing the Minister for Climate Change and the Environment, and Minister Assisting the Minister for Health (Cancer)—

(1) Has a domesticated pet dingo recently attacked a pregnant woman in Byron Bay?(2) Have rangers returned this dog to its owners on the grounds it is a native animal?(3)

(a) Was this dog immediately declared dangerous and destroyed as would any other dog that made an unprovoked attack on a human?


(4) What action will be taken to ensure that all savage and dangerous dogs that make unprovoked attacks on humans, irrespective of their indigenous status, are promptly declared dangerous dogs and destroyed?

Answer— This matter is the responsibility of Byron Shire Council under the Local Government Act.

*4504 EDUCATION AND TRAINING—UNFLUED GAS HEATERS IN SCHOOLS—Ms Cusack asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Minister for Education and Training—

(1) How does the Minister justify the inclusion of Bathurst schools on the State Government's priority list for having unflued gas heaters removed from classrooms, while schools in neighbouring Lithgow and Orange, both comparatively colder climates, are not located on this list?

(2) Does the Minister concede that an announcement by the Premier earlier this week that even schools on this priority list were unlikely to have these dangerous heaters removed from classrooms before next winter will see the health of students and teachers continue to be placed at risk?

Answer— (1) and (2) The criteria by which schools will be selected for the replacement program is currently being

determined in consultation with a stakeholder group, which includes representatives of parents and teachers, the Asthma Foundation and the COUGH campaign group. No list has yet been determined.

*4505 CLIMATE CHANGE AND THE ENVIRONMENT—MARINE PARKS—Mr Gay asked the Minister for Transport, Minister for the Central Coast representing the Minister for Climate Change and the Environment, and Minister Assisting the Minister for Health (Cancer)—

(1) Given the Government is spending $900,000 on marine parks research projects and has spent at least $30 million on the creation of marine parks in the last three years; has your Department or the Government done any analysis to ensure the management of bio-diversity in the current six marine parks is cost-effective?

(2) If so can you please detail this analysis?(3) Why do the latest review reports into the Jervis Bay and Solitary Islands Marine Parks provide no

cost effective benefit analysis?

Answer— (1) and


(2) There is a well-developed research and monitoring program in place for marine parks in NSW. In 2009⁄10, around 40 research projects were supported by a budget of about $900,000. A recent review of the marine parks research and monitoring program found that the science being done in marine parks is excellent. Since 2002, rather than in the last three years, the NSW Government has spent more than $30 million in industry adjustment for the commercial fishing industry to support implementation of marine parks and sustainable fisheries. This has removed sufficient commercial fishing effort to offset the reduced access to sanctuary and habitat protection zones and prevent transfer of effort to other areas. This investment has been consistent with fisheries management objectives relating to ecological sustainability and industry viability. In 2010⁄11, the recurrent budget allocation for the Marine Parks Authority is $5.87 million. This investment represents around $17 per hectare across the 345,100 hectare marine park system, or around $0.82 per person based on a state population of 7.13 million (as at 30 June 2009). It is important to note that the Government allocates funds across a range of fisheries, catchment management, pollution reduction and marine park programs that contribute to the conservation of marine biodiversity within marine parks.

(3) The Marine Parks Act 1997 specifies that the purpose of zoning plan reviews is to determine whether the plan remains appropriate for securing the objects of the Act. The zoning plans were assessed against criteria that were clearly linked to each of the objects of the Act, and the zoning plan review report contained the findings and recommendations of this assessment. Economic analysis of the zoning plans was considered as part of the review. The proposed changes to the zoning plans for Jervis Bay and Solitary Islands marine parks that are currently on public exhibition were developed after the zoning plan review reports for these parks. An independent assessment of the potential economic impacts of proposed zoning changes is being undertaken during the public exhibition process. The costs and benefits of the final changes to the zoning plans will be evaluated as required by the Subordinate Legislation Act 1989.

*4506 ENERGY—RENEWABLE ENERGY—Ms Cusack asked the Minister for Transport, Minister for the Central Coast representing the Minister for Industrial Relations, Minister for Commerce, Minister for Energy, Minister for Public Sector Reform, and Minister for Aboriginal Affairs—

(1) What research has been conducted or commissioned by each of the government owned energy companies into renewable or green energy?

(2) How many long-term contracts for the supply of renewable energy has each of the government owned energy retailers entered into in the following financial years: Please state the length of the contract and the amount of energy purchased. (a) 2007⁄08?(b) 2008⁄09?(c) 2009⁄10 to date?

(3) Between which dates did Eraring Energy's hydro-electric power station at Warragamba generate electricity during the following financial years: (a) 2007⁄08?(b) 2008⁄09?(c) 2009⁄10 to date?

(4) How much energy did Eraring Energy's hydro-electric power station at Warragamba generate during the following financial years: (a) 2007⁄08?(b) 2008⁄09?(c) 2009⁄10 to date?

(5) Between which dates did Eraring Energy's hydro-electric power station at Keepit generate electricity during the following financial years: (a) 2007⁄08?(b) 2008⁄09?(c) 2009⁄10 to date?

(6) How much energy did Eraring Energy's hydro-electric power station at Keepit generate during the following financial years:

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(a) 2007⁄08?(b) 2008⁄09?(c) 2009⁄10 to date?

(7) What volume of water was actually used by each of the government owned electricity generators in the process of generating electricity during the following financial years: (a) 2005⁄06?(b) 2006⁄07?(c) 2007⁄08?(d) 2008⁄09?(e) 2009⁄10 to date?

(8) What the sources of water were used by each of the government owned electricity generators in the process of generating electricity?

(9)(a) How much power has the Solar Bonus Scheme produced to date?(b) When do you estimate the 50 megawatt limit will be reached?(c) What guarantees will the government provide people who might apply to the scheme but may

not get approval to join the grid until after the 50 megawatt limit has been reached?

Answer— I am advised:(1) The New South Wales owned energy businesses that operate in a competitive energy market undertake or commission studies on a wide range of issues, including renewable and green energy, for their own commercial purposes. Where the research is considered to have broader public interest and benefits, the results are made available to stakeholders and⁄or the public.(2) This information is commercial-in-confidence.(3) and (4) Eraring Energy's hydro-electric power station at Warragamba has not generated power in the past three financial years.(5) I am advised that daily generation figures are not recorded for Eraring Energy's hydro-electric power station at Keepit.(6) Figures are kept by calendar year and are as follows

• 2007 274MWh.• 2008 484 MWh.• 2009 4,364 MWh.

(7) to (8) Information regarding water usage by each of the state owned generators is publicly available and can be found on each of the generators' websites.(9)

(a) to (b)The mechanisms for reviewing and reporting on the Solar Bonus Scheme (the Scheme) are outlined in the NSW Electricity Supply Act 1995. Should any changes to the length of the Scheme or the tariff rate be proposed in the future it would require legislative change. Should changes be proposed, it is the Government's intention that this would apply only to new entrants to the Scheme.

*4507 PLANNING—PART 5.5 DIRECTION ISSUED TO CESSNOCK COUNCIL—Ms Hale asked the Minister for Planning, Minister for Infrastructure, Minister for Lands—

(1) The Part 5.5 Direction issued to Cessnock Council by the Minister for Planning under section 117 of the Environmental Planning and Assessment Act 1979 directs that: "A relevant planning authority must not prepare a planning proposal for the life of the Lower Hunter Regional Strategy that is inconsistent with:

(a) The Agreement signed between the Minister for Planning, the Minister for the Environment and Hardie Holdings (and associated companies) on 22 December 2006, or


(b) Cessnock City Wide Settlement Strategy as endorsed by the Department of Planning and amended from time to time".

(a) Has Part 5.5 been revoked?(b) If so, when was it revoked?(c) If not, when will it be revoked?

(2) On 8 April 2010, did the Director-General of Planning write to the General Manager of Cessnock Council, indicating that the Department of Planning had received legal advice that the Government should terminate its Agreement with Hardie Holdings, and requesting that the Council co-operate by expressly determining that the Agreement was not being considered as part of the Council's Draft LEP?

(3) If the Government had not revoked Part 5.5 of the s.117 order before 8 April 2010, did the Director-General request that the Council do something that was expressly forbidden by the Minister's own order?

(4) In light of the constraints imposed by the section 117 order on Council's ability to deal with either its Draft LEP or the City-Wide Strategy, as acknowledged in the Director-General's letter to the Council of 7 April, why did the Minister, in a letter to Cessnock Council of 7 May 2010, specify that one of the grounds on which he was giving consideration to the removal of the Council's planning powers, were concerns "particularly those related to various draft local environmental plans for release areas and the City-wide Cessnock draft Comprehensive LEP"?

(5) Did the Minister's letter of 7 May to the Council state: "the issues of concern that have been repeatedly identified by the Department, particularly those related to various draft local environmental plans for release areas and the City-wide Cessnock draft Comprehensive LEP"? If so,(a) What was the nature of those concerns?(b) On how many occasions, and when, had these concerns been relayed to the Council?(c) How did the Minister propose that the Council deal with these concerns given the constraints

imposed by his s.117 order?

Answer— (1) The Minister revoked section 117 directions relating to 'Development in the vicinity of Ellalong,

Paxton and Millfield (Cessnock LGA)' on 18 June 2010.(2) Yes.(3) No, the Director-General's letter of 8 April 2010 outlined the key steps in a process which the

Department proposed to be implemented jointly with Council. Specifically, the letter requested Council's coorporation on steps two and three (as outlined in the letter), on the basis that the Department would implement step one (being the revocation of the section 117 direction), and facilitate step four (being the termination of the Memorandum of Understanding and Deed of Agreement).

(4) There were no constraints placed on Council by the (former) section 117 Direction 5.5 with regards to the preparation of the draft local environment plan or the Cessnock City Wide Settlement Strategy. The concerns of the Minister reflected the length of time taken by Council in the preparation of these LEPs.

(5) Yes. (a) The time taken to prepare and forward the LEPs to the Department of Planning with unresolved

issues.(b) Senior officers of the Department of Planning have met with Council on 22 September 2009 and

on 4 February 2010 to discuss the progression of the LEP in a timely manner.(c) There were no constraints imposed by the section 117 Direction.

*4508 WATER—NORTHERN SUBURBS OCEAN OUTFALL SEWER—Ms Cusack asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Water, and Minister for Corrective Services—

(1) How many designed sewage overflow points are in the Northern Suburbs Ocean Outfall Sewer? (2) Where are each of these designed overflow points located?

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(3) Into which waterways do the outflows discharge?

Answer— (1) to 3. I am advised the Northern Suburbs Ocean Outfall Sewer is Sydney's largest sewer and is about

40 kilometers long, running from Prospect to Manly. I am further advised all major sewerage systems need designed overflow points, which are only activated if the volumes in the pipe exceed capacity, for example during wet weather.

*4509 REDFERN WATERLOO—THE KEEPING PLACE—Ms Hale asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Premier, and Minister for Redfern Waterloo—

(1) Why has the Redfern Waterloo Authority demanded that Gordon and Elaine Syron sign a confidentiality agreement regarding their eviction from 499 Wilson St, Redfern?

(2) Why was The Keeping Place Committee not allowed to be part of the negotiations?(3) Why won't the Redfern Waterloo Authority provide professional art removalists and curatorial

services in the relocation of The Keeping Place art collection?(4) Why won't the Redfern Waterloo Authority tell the Syrons' where they are to be moved to and where

the collection is going to be stored?(5) What measures will be taken to ensure that the collection is stored in appropriate conservation

conditions?(6) Has the Minister for Redfern and Waterloo visited The Keeping Place to view the collection?

(a) If not, why not?

(7) On what date are the Syrons' required to leave their current premises?(8) Considering the age and health of the Syrons' what assistance has been provided to help them leave

the premises?(9) Considering the significance of The Keeping Place, has the Redfern Waterloo Authority done an

evaluation of the collection?

Answer— I am advised that the Redfern-Waterloo Authority entered into mediation with Gordon and Elaine Syron on 17 May 2010. The Redfern-Waterloo Authority is currently working with the Syrons, in accordance with the agreed outcomes of the mediation, to provide appropriate assistance with the relocation.

*4510 COMMERCE—GREEN LEASE OFFICES—Ms Cusack asked the Minister for Transport, Minister for the Central Coast representing the Minister for Industrial Relations, Minister for Commerce, Minister for Energy, Minister for Public Sector Reform, and Minister for Aboriginal Affairs—

(1) What is the number of commercial offices occupied by government departments?(2) Since the launch of the Green Lease Guide by the Department of Environment, Climate Change and

Water, in partnership with Investa, City of Sydney, City of Melbourne and the Institute of Sustainable Futures in December 2006: (a) How many NSW Government Department offices are occupied under a green lease?(b) How many of these offices have undertaken a National Australian Built Environment Rating

System (NABERS) energy assessment?(c) How many of these offices achieved a 4 star NABERS rating?(d) How many of these offices achieved a 4.5 star NABERS rating?(e) How many of these offices failed to achieve a 4 star NABERS rating?(f) How many of these offices have undertaken an assessment of Indoor Environmental Quality?(g) How many have conducted a NABERS waste assessment?

Answer— I am advised that these matters do not fall within the Commerce portfolio. This question is more appropriately addressed by the Minister for Lands.


*4511 PREMIER—ABATTOIR BID—Ms Rhiannon asked the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Premier, and Minister for Redfern Waterloo—

(1) Are you aware of allegations that former minister Ian Macdonald revealed to Grant Edmonds, the former owner of the Burrangong Meat Processors based at Young that his bid submitted to the receivers for the abattoir was the highest bid received?

(2) If information about the bids offered for a company in receivership were revealed to one of the tenderers what impact would this have on the resale of the company concerned and the work of the receivers conducting the resale?

(3) Have the activities of Tony Hewson, former chief of staff to Ian Macdonald, with regard to his association with Burrangong Meat Processors been investigated as part of the investigation of the former minister Ian Macdonald?

Answer— I am advised that the Premier is not aware of these matters. Allegations relating to former minister Macdonald's travel in 2008 have been referred to the Independent Commission Against Corruption.

*4512 PRIMARY INDUSTRIES—ABATTOIR BID—Ms Rhiannon asked the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Primary Industries, Minister for Emergency Services, and Minister for Rural Affairs—

(1) Are you aware of allegations that former minister Ian Macdonald revealed to Grant Edmonds, the former owner of the Burrangong Meat Processors based at Young that his bid submitted to the receivers for the abattoir was the highest bid received?

(2) If information about the bids offered for a company in receivership were revealed to one of the tenderers what impact would this have on the resale of the company concerned and the work of the receivers conducting the resale?

(3) Have the activities of Tony Hewson, former chief of staff to Ian Macdonald, with regard to his association with Burrangong Meat Processors been investigated as part of the investigation of the former minister Ian Macdonald?

Answer— This is a matter for the Minister for State and Regional Development.

*4513 CLIMATE CHANGE AND THE ENVIRONMENT—ENVIRONMENTAL PROGRAMS—Ms Cusack asked the Minister for Transport, Minister for the Central Coast representing the Minister for Climate Change and the Environment, and Minister Assisting the Minister for Health (Cancer)—

(1)(a) When was the last time Sydney Water applied for a variation to its Environment Protection

Licence for the Northern Suburbs Sewage Treatment System?(b) Was the variation granted?(c) What changes to the licence resulted from any such request?

(2)(a) Since 1 July 2006, how regularly has the Director-General of the Department of Climate

Change and the Environment (and its predecessors) met with the Managing Director of Sydney Water?

(b) Are these meetings minuted?(c) Which topics have been discussed at each of the meetings?

(3)(a) Since 1 July 2006, how regularly has the Department of Climate Change and the Environment

(and its predecessors) or Sydney Water Strategic Liaison Group (SLG) met?(b) Which Officers of DECC are members of the SLG?(c) What positions did or do they hold in DECC?(d) Are these SLG meetings minuted?

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(e) Which topics have been discussed at each of the meetings?


(and its predecessors) or Sydney Water Operational policy Committee (OPC) met?(b) Which Officers of DECC are members of the OPC?(c) What positions did or do they hold in DECC?(d) Are these OPC meetings minuted?(e) Which topics have been discussed at each of the meetings?

(5)(a) Since 1 July 2006, has the Department (and its predecessors) and Sydney Water convened any

joint forums with the Sydney Catchment Authority?(b) Were these forums minuted?(c) Which topics have been discussed at each of the forums?

(6)(a) Since 1 July 2006, how regularly has the Director-General of the Department of Climate

Change and the Environment (and its predecessors) met with the Chief Executive of the Sydney Catchment Authority?

(b) Are these meetings minuted?(c) Which topics have been discussed at each of the meetings?


(and its predecessors)⁄Sydney Catchment Authority Strategic Liaison Group (SLG) met?(b) Which Officers of DECC are members of the SLG?(c) What positions did or do they hold in DECC?(d) Are these SLG meetings minuted?(e) Which topics have been discussed at each of the meetings?

(8)(a) How many blue-green algae warnings have been issued for waterways within the Greater

Sydney Area, including the Hawkesbury-Nepean River, during the past five years?(b) For what length of time was each warning was in place?

(9)(a) What was the total amount of funds offered to Councils as part of the 2009⁄2010 flood plain

management grant program?(b) How much of that money will be spent by 30 June 2010?(c) What was the effective full time staff numbers in the flood, coastal and estuaries programs

following the implementation of the 1997 reorganisation and what is the effective full time staff numbers in the flood, coastal and estuaries programs in the recently completed reorganisation of the three grant programs?

(d) For each branch or section: (i) What are the staff's technical qualifications by academic discipline?(ii) How many years experience does each of the staff have(iii) Are there any plans to increase the number of technical staff in each branch or obtain staff

with greater practical experience?(10)

(a) What mechanisms are in place to ensure that funds set aside for environmental remediation under Bio-banking are both properly accounted for and spent efficiently and effectively?

(b) Can the Minister for Climate Change and the Environment advise whether the Bio-banking site at Douglas Park owned by the Society of the Missionaries of the Sacred Heart is located within a major underground coal mining proposal being considered for approval by the Government?

(c) What steps are in place to protect the site and its biodiversity from subsidence caused by mining?


(d) More generally, can the community be confident that future Bio-banking sites will not be similarly degraded?

(11) Will the Minister provide full details of how $100,000 paid to the National Parks and Wildlife Service in 2003 to enhance Eastern Suburbs Banksia Scrub values in Botany Bay Nation Park as part of the redevelopment by Landcom of the Prince Henry Hospital site was spent, including specific details of what steps were taken to ensure the ring-fencing of these funds from general funds allocated to this National Park?

(12) What matters are covered by the memorandums of understanding, or other like agreements, for the management of issues⁄staff that cross different National Parks and Wildlife Service regional boundaries?

(13) As the 2010⁄11 Budget Papers forecast a 20 per cent cut in staff employed in the Culture and Heritage Branch and an overall decrease in budget of 7 per cent in nominal terms, where, in terms of projects and branches, are these cuts being achieved?

(14) Since the launch of the Energy Efficiency Strategy in 2008: (a) How many low-income household energy assessments have been conducted?(b) How many low-income households have had an energy saving kit installed?(c) What is the actual energy and greenhouse gas savings from these households per year?(d) What is the average energy and greenhouse gas saving per household per year?

(15) What energy efficiency skills training and accreditations have been developed for trades and professionals under DECCW's Energy Efficiency Training Program?

(16) How many electricians, plumbers, interior designers and other trades people and professionals have completed energy efficiency skills training under DECCW's Energy Efficiency Training Program?

(17) What volume of greenhouse gas emissions savings have been achieved as a result of DECCW's Energy Efficiency Training Program?

(18) Since the launch of DECCW's Small Business Energy Efficiency Program: (a) How many businesses have registered for the program?(b) How many energy assessments have been conducted?(c) How many of the energy assessments have been in Sydney as opposed to regional New South

Wales?(d) How many of the businesses that have had an energy assessment, have then applied for a

rebate?(e) What is the average amount claimed for each rebate?(f) What is the total amount paid to businesses to date in the form of rebates?(g) What is the total operating cost to date on the program?(h) How much of this is for government expenses on staff, overheads and related items?(i) How many tonnes of greenhouse gas emissions have been saved as a result of the program?(j) What is the cost per megawatt hour saved for the Small Business Energy Efficiency program?(k) For what type of technology are the rebates mostly being sought?(l) Is the $11.8 million announced in the 2010⁄2011 budget in addition to the $15million originally

announced?(m) Are there any changes or additions planned for the program in 2010⁄11?

(19) How many businesses have sought a subsidised energy audit under the Sustainability Advantage Energy Saver program?

(20) How many Level 1, 2 or 3 energy audits have been conducted as part of the Sustainability Advantage Energy Saver program?

(21) How many of the businesses which have had an energy audit under the Sustainability Advantage Energy Saver program have implemented the recommendations?

(22) What are the actual greenhouse gas emissions savings to date from the Sustainability Advantage Energy Saver program?

(23) How much money has been spent on Sustainability Advantage Energy Saver energy audits to date?(24)

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(a) How many companies are on the list of preferred suppliers to conduct energy audits under the Sustainability Advantage Energy Saver program?

(b) How were they chosen?(c) What process is in place to award the audit jobs to the preferred audit suppliers?

(25)(a) Which energy auditing companies have conducted the 10 most recent energy audits?(b) How many audits did each energy audit company conduct?(c) How much was paid to each energy audit company?(d) Of the companies audited by each of the energy audit firms, how many have implemented the

recommendations?

(26) What reductions in energy demand (in Megawatt hours) have been achieved by the Energy Savings Scheme?

(27)(a) How many Energy Savings Credits have been generated by the Energy Savings Scheme?(b) What proportion of the 0.4% energy sales objective (for the first year) are these credits?

(28) What financial penalties will each of the electricity retailers be required to pay for the first year as a result of their performance under the Energy Savings Scheme?

(29)(a) How many jobs have been created as a result of the Energy Savings Scheme?(b) In which sectors?

(30)(a) How much money has been spent on each of the following during the 2009⁄10 financial year on

the Save Power Campaign: (i) Television?(ii) Radio?(iii) Print?(iv) Internet advertising?

(b) Over what periods of time did the advertising campaign run on: (i) Television?(ii) Radio?(iii) In print?(iv) Internet?

(31) What was the daily average number of "hits" on the Save Power website over the 2009⁄10 financial year, broken down by month?

(32)(a) What are the greenhouse gas emissions savings over the 2009⁄10 financial year?(b) How are these calculations made?

(33) How much did the waste levy generate in: (a) 2005⁄06?(b) 2007⁄08?(c) 2008⁄09?(d) 2009⁄10?

(34) In 2009⁄10 how much of the amount recovered in waste levy was used to tackle waste issues, and reduce the amount of waste going to landfill? What other activities was the waste levy used for, including a breakdown?

(35) What amount of waste is saved by organisations which participate in the Sustainability Advantage program?

(36) What amount of waste, in tones, was diverted from landfill by Sustainability Advantage members in:


(a) 2007⁄08?(b) 2008⁄09?(c) 2009⁄10?

(37) How much waste was saved through the Sustainability Advantage program by undertaking resource recovery (broken down by reuse, recycling, reprocessing and energy recovery) in: (a) 2007⁄08?(b) 2008⁄09?(c) 2009⁄10?

(38) What was the total amount of electricity and water used by Sustainability Advantage members in: (a) 2007⁄08?(b) 2008⁄09?(c) 2009⁄10?

(39) How much electricity and water is saved by Sustainability Advantage members through participation in the program, broken down over the last 3 financial years for: (a) megawatt hours?(b) electricity savings in dollars?(c) megalitre volumes?(d) water savings in dollars?

(40) Since the launch of the Green Lease Guide by the Department of Environment and Climate Change, in partnership with Investa, City of Sydney, City of Melbourne and the Institute of Sustainable Futures in December 2006: (a) How many NSW Government Department offices are occupied under a green lease?(b) How many of these offices have undertaken a National Australian Built Environment Rating

System (NABERS) energy assessment?(c) How many of these offices achieved a 4 star NABERS rating?(d) How many of these offices achieved a 4.5 star NABERS rating?(e) How many of these offices failed to achieve a 4 star NABERS rating?(f) How many of these offices have undertaken an assessment of Indoor Environmental Quality?(g) How many have conducted a NABERS waste assessment?

Answer— (1)

(a) 16 February 2010.(b) Yes.(c) Changes were made to two air monitoring points and monitoring requirements, the description

of the flow monitoring point, and the location of one effluent quality monitoring point.

(2)(a) 8 meetings have taken place.(b) No.(c) Topics of discussion have included regulatory issues and long term joint strategic issues arising

from the functions of each agency, including the future directions for water cycle management and sewage treatment system management.

(3)(a) Three times a year.(b) Various officers over the last four years.(c) Deputy Director General Environment Protection and Regulation Division, Director

Metropolitan, Director Environment and Conservation Science, Executive Director Park Management, Manager Water Policy Technical Advisory Unit, Unit Head Metropolitan Infrastructure.

(d) Yes.

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(e) Topics of discussion have included long term joint strategic issues and policies arising from the functions of the parties, including the future directions for water cycle management, sewage treatment system management and regulation. Topics also included strategic issues of a scientific nature, and areas for co-operative research and joint initiatives.

(4)(a) Four times a year.(b) Various officers over the last four years.(c) Unit Head Metropolitan Infrastructure, Manager Water Policy Technical Advisory Unit, Senior

Environmental Scientist, Senior Regional Environment Protection Officer, Regional Environment Protection Officer.

(d) Yes.(e) Issues set by the strategic agenda of the SLG have included operational issues and regulatory

issues, Sydney Water's commitments to environmental improvements, and matters of significance to Sydney Water's operations. Issues have also included requirements of sewage treatment system licences, including clarification of the interpretation of clauses, tracking and⁄or monitoring progress of actions, issues and considerations under the licences.

(5)(a) Yes.(b) Yes.(c) Topics of discussion have included metropolitan water planning, drought response management,

and the Sydney Water Enquiry.

(6)(a) 11 meetings have taken place. The Chief Executive of the Sydney Catchment Authority now

reports to the Director General of the Department of Environment, Climate Change and Water (DECCW) within the Environment Cluster.

(b) No.(c) Topics of discussion have included metropolitan water planning, drought response management,

and various issues relating to Special Area management.

(7)(a) Three times a year.(b) Ms Lisa Corbyn and Mr Joe Woodward (recently retired).(c) Director General, Deputy Director General Environment Protection and Regulation.(d) Yes.(e) Various issues relating to mining and Special Area management, Wingecarribee Swamp,

'Sustaining the Catchments the Regional Plan for the drinking water catchments of Sydney and adjacent regional centres', improving efficiency in working relationships, and the Sydney Water Enquiry.

(8)(a) and b. This matter falls within the portfolio responsibilities of my colleague, the Hon Phillip

Costa MP, Minister for Water.

(9)(a) $10.68 million.(b) $10.62 million was spent by 30 June 2010.(c) DECCW does not have specific details of staffing levels dating back to 1997, due to a number

of restructures and departmental transfers. In 2007, 68 staff working on flood, coastal, and estuaries management were transferred from the former Department of Natural Resources to DECCW. Five of these staff were transferred to the Land and Property Management Authority in 2009, when the Lake Illawarra Authority was transferred to the Minister for Lands' portfolio. Currently, 63 DECCW staff work on flood, coastal and estuary programs or providing scientific support.

(d)(i) Almost all staff have at least a bachelors degree in a relevant science or engineering


discipline, with a small number also possessing a masters or doctoral degree.(ii) More than eighty percent of staff have over twenty years experience in their relevant field

and a small number of staff have less than ten years experience.(iii) Yes.

(10)(a) Funds from the Biobanking Trust Fund may only be spent on the biodiversity management

actions contained in the legal biobanking agreement. After the first payment, the Trust will only make payments after landholders have submitted an annual report on the management actions that have been completed. DECCW will check each annual report before payment is made and will undertake regular inspections of biobank sites to ensure the agreed management actions have occurred.

(b) Yes.(c) I have been advised that if subsidence does occur, the impacts to biodiversity at the site would

be negligible.(d) Yes. All proposed biobank sites are subject to a rigorous assessment to determine their

suitability to protect biodiversity in perpetuity. Consideration is given to any current or future land use impacts upon biodiversity that may occur. Underground mining is considered during this process, including consultation with any mining lease holders.

(11) Landcom paid $100,000 to DECCW in 2006 to assist in the restoration of the Eastern Suburbs Banksia Scrub in Botany Bay National Park. The money is secured in an external grant fund, used solely for the purposes of Eastern Suburbs Banksia Scrub restoration. To date, $50,000 has been spent on bush regeneration contract works and $20,000 has been spent on materials for a board and chain walkway and fence through a portion of the Eastern Suburbs Banksia Scrub. The remaining $30,000 is programmed to be spent over the next two years.

(12) The National Parks and Wildlife Service, as part of DECCW, has a range of policies and programs to assist with the consistent management of issues across the parks system and regional boundaries. It also enters into memoranda of understanding with groups, government agencies, local councils, and stakeholders as a way of articulating management expectations and agreements between the parties, for example, with the 4 Wheel Drive Clubs Association NSW about recreational activities and volunteering, Tourism NSW to implement the recommendations of the Taskforce for Tourism in NSW, various local Livestock Health and Pest Authorities regarding cooperative wild dog management, and ACT Parks for cross-border park and fire management. Additionally, DECCW has signed memoranda of understanding with Aboriginal communities and groups that set out how the parties will work together to increase the involvement of Aboriginal people in park management. The memoranda cover issues such as opportunities for improved access for traditional cultural purposes, consultation on plans of management and other park proposals, and capacity building and research opportunities in parks. Some, such as the Darug memorandum of understanding, cross regional boundaries.

(13) The 2010⁄11 Budget papers show no change in staff levels in the Culture and Heritage Division between 2009⁄10 and 2010⁄11. The division expects to retain the 89 staff it had in 2009⁄10.

(14)(a) 880.(b) 880.(c) Analysis of actual energy and greenhouse gas savings from these households is not yet

available.(d) The expected average savings per household energy use per year is 10 to 20 percent, and 1,600

tonnes of greenhouse gas emissions.

(15) Vocational Education and Training (VET): 100 energy efficiency-related units and accredited courses within national VET qualifications, and six professional development courses for VET trainers and assessors. University Courses: Funding for the University of NSW and the University of Wollongong to develop 22 new engineering courses for undergraduates, post graduates and continuing professional development. Industry Partnerships: 18 new and customised courses for:

• building owners, managers, investors, valuers, lawyers and property agents on the value of energy efficient buildings

• heating, ventilation and air conditioning contractors

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• housing, maintenance and asset managers and community development workers in community housing organisations

• builders, electricians and plumbers, with practical training videos for downloading on mobile phones

• plastics manufacturing professionals to improve product and process design• printing industry staff to conduct energy audits and implement improved energy systems• beauty therapy small business managers• club managers and facilities managers to improve environmental management of clubs• IT professionals to ensure IT enables more energy efficient work practices in industry• the mobile telecommunications industry to reduce the total network energy use.• building owners, managers, investors, valuers, lawyers and property agents on the value of

energy efficient buildings• heating, ventilation and air conditioning contractors• housing, maintenance and asset managers and community development workers in community

housing organisations• builders, electricians and plumbers, with practical training videos for downloading on mobile

phones• plastics manufacturing professionals to improve product and process design• printing industry staff to conduct energy audits and implement improved energy systems• beauty therapy small business managers• club managers and facilities managers to improve environmental management of clubs• IT professionals to ensure IT enables more energy efficient work practices in industry• the mobile telecommunications industry to reduce the total network energy use.

(16) 2,560 tradespeople and professionals have completed training or are enrolled in or committed to training as part of piloting of funded course development projects.

(17) No data is available as it not possible to directly track changes in awareness, knowledge and skills through to energy savings at this point in the program.

(18)(a) 6,665.(b) 5,170 energy assessments have been conducted.(c) 3,030 in Sydney and 2,140 outside of Sydney.(d) 180 businesses have applied for a rebate for energy saving actions.(e) $2,320.(f) $352,000.(g) $3.9 million.(h) $650,000.(i) 5,619 tonnes of greenhouse gas emissions per year to date.(j) $74 per megawatt hour based on a conservative ten year life of measures.(k) Mostly for lighting, refrigeration, heating, ventilation and air conditioning.(l) No.(m) Yes. More facilitation will be provided to assist small businesses implement the recommended

energy savings actions and apply for a rebate.

(19) 71.(20) 60 audits have been completed or are underway.(21) 70 per cent of businesses who have completed an energy audit have implemented some of the

recommendations.(22) To date, the greenhouse gas emissions savings are 57,450 tonnes per year and these are ongoing.(23) DECCW has spent $483,900 on audits, and participating companies have spent $71,900.(24)

(a) 24.(b) Through an Open Tender.


(c) For audits over $30,000 and for complex sites, three competitive quotes are obtained from the panel of preferred suppliers. For audits under $30,000, a direct appointment process is undertaken based on state procurement policy. All appointments are contingent on auditor speciality, experience, location and DECCW acceptance of the proposal as representing value for money.

(25)(a) VIM Sustainability, SEE Sustainability, Advitech, Hyder, Autonomous Energy, Exergy

Australia, and Country Energy.(b) Advitech conducted four audits and the other companies each conducted one audit.(c) By the time these audits are completed, auditing companies will have been paid:

(i) VIM Sustainability $53,400 (one audit contract over three associated sites)(ii) SEE Sustainability $20,840(iii) Advitech $62,676(iv) Hyder $28,400(v) Autonomous Energy $10,900(vi) Exergy Australia $36,600(vii) Country Energy $26,695

(d) The 10 most recent energy audits are still underway.

(26) The Energy Savings Scheme falls within the portfolio responsibilities of my colleague, the Hon Paul Lynch MP, Minister for Energy.




(30)(a)

(i) $2,805,854(ii) $596,324(iii) $924,345(iv) $515,701

(b)(i) 17 May to 4 July 2009, 12 July to 12 September 2009, 24 January to 6 March 2010, and 4

July to 7 August 2010.(ii) 17 May to 4 July 2009, 12 July to 5 September 2009, 6 to 26 December 2009, 24 January

to 6 March 2010, and 30 May to 21 August 2010.(iii) 17 May to 4 July 2009, 12 July to 5 September 2009, 24 January to 27 February 2010, and

4 July to 29 August 2010.(iv) 24 May to 20 June 2009, 12 July to 5 September 2009, 14 February to 27 March 2010,

and 4 July to 29 August 2010.(31) Daily average number of hits:

July 2009: 796 • August 2009: 480• September 2009: 309• October 2009: 162• November 2009: 282• December 2009: 164• January 2010: 367• February 2010: 1,062• March 2010: 1,258• April 2010: 560

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• May 2010: 713• June 2010: 966• August 2009: 480• September 2009: 309• October 2009: 162• November 2009: 282• December 2009: 164• January 2010: 367• February 2010: 1,062• March 2010: 1,258• April 2010: 560• May 2010: 713• June 2010: 966

(32)(a) and (b) The Save Power Campaign is a community education program. It is the nature of

community education that total behavioural change cannot be measured. Campaign research reports an increased reported participation in energy efficient actions by people who had seen the advertising, that is, there was 7 to 12 per cent higher participation for five specific behaviours such as energy efficient clothes washing and drying and adjusting heating⁄air conditioning. The key objective of the campaign is to educate, motivate and equip the community to take action in their own lives at home and at work. If each household reduced their energy use by just 1 per cent there would be a total savings of $47 million in energy bills per annum.

(33)(a) $118 million(b) $222 million(c) $255 million(d) $348 million

(34) $26 million to waste and recycling initiatives, $30.2 million to Local Government Environmental Sustainability Programs, and $45.3 million to environment and conservation programs. The remainder has been used to support other government services.

(35) 82,243 tonnes over the last three financial years.(36)

(a) 121 tonnes of solid waste.(b) 17,100 tonnes of solid waste.(c) 47,680 tonnes of solid waste.

(37) No data is available to break down the figures provided in answer to Question 36.(38)

(a) 259,970 megawatt hours of electricity and 2,584 megalitres of water.(b) 619,650 megawatt hours of electricity and 6,775 megalitres of water.(c) Baseline data has not yet been received for the end of the 2009⁄10 financial year.

(39)(a) Ongoing savings of 1,365 megawatt hours a year, 7,600 megawatt hours a year, and 15,685

megawatt hours a year.(b) For electricity, ongoing savings of $163,800 a year, $972,800 a year, and $2,108,000 a year.(c) Ongoing savings of 151 megalitres a year, 70 megalitres a year, and 1,318 megalitres a year.(d) For water, ongoing savings of $347,000 a year, $438,600 a year, and $3, 611,000 a year.

(40)(a) None. DECCW and the State Property Authority have been working with the Commonwealth

and other state governments to develop a National Green Lease Policy. The State Property


Authority is working with lessors to promote inclusion of green lease clauses when NSW Government Department leases are renewed.

(b) 73 NSW Government Department buildings have undertaken a NABERS energy assessment.(c) 14 achieved a 4 star NABERS rating.(d) 13 achieved a 4.5 star rating and a further 10 achieved a 5 star rating.(e) 36.(f) Seven NSW Government buildings participated in a pilot study of the NABERS Indoor

Environment tool to collect benchmarking data for the purpose of setting targets.(g) 10 NSW Government buildings participated in a pilot study of the NABERS Waste tool to

collect benchmarking data for the purpose of setting targets.

31 AUGUST 2010(Paper No. 161)

4514 PRIMARY INDUSTRIES—FAST FOOD FORUM—Ms Ficarra to ask the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Primary Industries, Minister for Emergency Services, and Minister for Rural Affairs—

Regarding the Fast Food Forum held on Monday 16 August 2010:(1)

(a) Was catering provided to the forum?(b) If so, what food and drink was provided?

(2) What was the total cost to hold this forum?(3) Did the Minister for Primary Industries attend the forum?(4) Did the Deputy Premier attend the forum?

4515 EDUCATION AND TRAINING—SCHOOL FOOD TECHNOLOGY CLASSROOM UPGRADES—Ms Ficarra to ask the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Minister for Education and Training—

(1)(a) Since 2007 have food technology classrooms at Port Hacking High School been upgraded?(b) If so,

(i) On what date was the upgrade completed?(ii) How much did the project cost?

(2)(a) Since 2007 have food technology classrooms at Newcastle High School been upgraded?(b) If so,


(3)(a) Since 2007 have food technology classrooms at Hunter River High School been upgraded?(b) If so,


(4)(a) Since 2007 have food technology classrooms at Kogarah High School been upgraded?(b) If so,


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(5)(a) Since 2007 have food technology classrooms at Kingsgrove High School been upgraded?(b) If so,


(6)(a) Since 2007 have food technology classrooms at Erina High School been upgraded?(b) If so,


(7)(a) Since 2007 have food technology classrooms at Richmond High School been upgraded?(b) If so,


(8)(a) Since 2007 have food technology classrooms at Bulli High School been upgraded?(b) If so,


(9)(a) Since 2007 have food technology classrooms at Oak Flats High School been upgraded?(b) If so,


(10)(a) Since 2007 have food technology classrooms at Sarah Redfern High School been upgraded?(b) If so,


(11)(a) Since 2007 have food technology classrooms at Bomaderry High School been upgraded?(b) If so,


4516 EDUCATION AND TRAINING—SCHOOL GYMNASIUMS BUILT SINCE 2007—Ms Ficarra to ask the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Minister for Education and Training—

(1)(a) Since 2007, has a gymnasium been built at Gorokan High School?(b) If so,

(i) On what date was the gymnasium completed?(ii) How much did the project cost?

(2)(a) Since 2007, has a gymnasium been built at Hunter Sports High School?(b) If so,



(3)(a) Since 2007, has a gymnasium been built at Morisset High School?(b) If so,


(4)(a) Since 2007, has a gymnasium been built at Kurri Kurri High School?(b) If so,


(5)(a) Since 2007, has a gymnasium been built at Homebush Boys High School?(b) If so,


(6)(a) Since 2007, has a gymnasium been built at Campbelltown High School?(b) If so,


(7)(a) Since 2007, has a gymnasium been built at Kiama High School?(b) If so,


(8)(a) Since 2007, has a gymnasium been built at Blakehurst High School?(b) If so,


(9)(a) Since 2007, has a gymnasium been built at St George Girls High School?(b) If so,


(10)(a) Since 2007, has a gymnasium been built at Caringbah High School?(b) If so,


(11)(a) Since 2007, has a gymnasium been built at Macarthur Girls High School?(b) If so,


4517 FINANCE—WORKERS' COMPENSATION PREMIUMS—Mr Pearce to ask the Treasurer, Minister for State and Regional Development, Special Minister of State representing the Minister for Police, and Minister for Finance—

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(1)(a) Are workers' compensation premiums calculated on the total gross wages paid by an employer?(b) If so, do gross wages include payments for overtime, sick leave, public holidays and leave

loading?

(2) What is the relationship between the workers' compensation premium calculation and the compensation paid to injured workers?

(3) Where an injured worker is paid above award rates by their employer: (a) Is the actual above award rate payment taken into account when calculating the employer's

workers' compensation premiums?(b) Is the employee paid compensation based upon those above award wages?(c) If not, what is the justification for the discrepancy?

4518 HOUSING—BULLYING AND HOUSING NSW—Mr Pearce to ask the Minister for Planning, Minister for Infrastructure, Minister for Lands representing the Minister for Housing, Minister for Small Business, and Minister Assisting the Premier on Veterans' Affairs—

(1) What action has been taken in relation to allegations of bullying at Housing NSW in its Newcastle offices by current and former staff members?

(2) What is the basis for the engagement of Deloitte Touche Tohmatsu to investigate matters arising from the bullying allegations?

(3) How much has Deloitte Touche Tohmatsu been paid in relation to the work?(4) What action has been taken to ensure that all guidelines and policies in relation to bullying have been

fully implemented and complied with by senior management?

4519 TREASURER—GOVERNMENT ADVERTISING CAMPAIGNS—Mr Pearce to ask the Treasurer, Minister for State and Regional Development, Special Minister of State—

(1)(a) Has Treasury directly funded New South Wales Government advertising campaigns?(b) If so, which New South Wales Government advertising campaigns?

(2)(a) Has the Treasurer or the Treasurer's office been involved in New South Wales Government

advertising campaigns?(b) If so, which New South Wales Government advertising campaigns?

4520 TRANSPORT—METROBUS SERVICES—Mr Harwin to ask the Minister for Transport, Minister for the Central Coast—

(1) What times of the day are classified as peak periods with regard to Metrobus services?(2) At what times do the first and last Metrobus M52 services depart from Parramatta Interchange on the

following days: (a) Weekdays?(b) Weekends?

(3) At what times do the first and last Metrobus M52 services depart from Circular Quay on the following days: (a) Weekdays?(b) Weekends?

4521 EDUCATION AND TRAINING—SCHOOL TOILET BLOCK UPGRADES—Mr Harwin to ask the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Minister for Education and Training—

(1)


(a) Have the toilet blocks at Burwood Public School been upgraded?(b) If so,


(2)(a) Have the toilet blocks at Strathfield and Croydon Park Public School been upgraded?(b) If so,


(3)(a) Have the toilet blocks at Homebush West Public School been upgraded?(b) If so,


(4)(a) Have the toilet blocks at Strathfield South Public School been upgraded?(b) If so,


(5)(a) Have the toilet blocks at Stanmore Public School been upgraded?(b) If so,


4522 EDUCATION AND TRAINING—SCHOOL SCIENCE LABORATORY UPGRADES SINCE 2003—Mr Harwin to ask the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Minister for Education and Training—

(1)(a) Since 2003 have the science laboratories at Sydney Secondary College Leichhardt Campus

been upgraded?(b) If so,


(2)(a) Since 2003 have the science laboratories at Concord High School been upgraded?(b) If so,


(3)(a) Since 2003 have the science laboratories at Ashfield Boys High School been upgraded?(b) If so,


(4)(a) Since 2003 have the science laboratories at Burwood Girls High School been upgraded?(b) If so,


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(5)(a) Since 2003 have the science laboratories at Homebush Boys High School been upgraded?(b) If so,


(6)(a) Since 2003 have the science laboratories at Strathfield Girls High School been upgraded?(b) If so,


(7)(a) Since 2003 have the science laboratories at Dulwich Hill High School of Visual Arts &

Design been upgraded?(b) If so,


4523 EDUCATION AND TRAINING—SCHOOL SECURITY FENCING INSTALLATION SINCE 2007—Mr Harwin to ask the Attorney General, Minister for Citizenship, Minister for Regulatory Reform, Vice President of the Executive Council representing the Minister for Education and Training—

(1)(a) Since 2007 has security fencing been installed at Dulwich Hill High School of Visual Arts

& Design?(b) If so,

(i) On what date was the installation completed?(ii) How much did the project cost?

(2)(a) Since 2007 has security fencing been installed at Fort Street High School?(b) If so,


(3)(a) Since 2007 has security fencing been installed at Lewisham Public School?(b) If so,


4524 ROADS—CROSS CITY TUNNEL CLOSURES—Mr Ajaka to ask the Minister for Transport, Minister for the Central Coast representing the Minister for Roads, and Minister for Western Sydney—

(1) Regarding the Cross City Tunnel closure on 23 August 2010: (a) At what time did the water leak become known?(b) When did the Cross City Tunnel close to traffic?(c) When did the Cross City Tunnel re-open to traffic?(d) What was the total cost to repair the burst water pipe and all damage caused?

(2)(a) Has the Cross City Tunnel closed previously due to burst water pipe?(b) If so, on what dates and at what times was the tunnel previously closed?


4525 POLICE—UNLICENSED DRIVERS—Mr Ajaka to ask the Treasurer, Minister for State and Regional Development, Special Minister of State representing the Minister for Police, and Minister for Finance—

(1) How many people have been caught driving whilst their license was disqualified in the following financial years: (a) 2007⁄08?(b) 2008⁄09?

(2) How many people have been caught driving whilst their license was cancelled in the following financial years: (a) 2007⁄08?(b) 2008⁄09?

(3) How many people have been caught driving whilst their license was suspended in the following financial years: (a) 2007⁄08?(b) 2008⁄09?

(4) How many people have been caught driving without ever having a license in the following financial years: (a) 2007⁄08?(b) 2008⁄09?

(5) How many people have been caught driving while not having the appropriate license in the following financial years: (a) 2007⁄08?(b) 2008⁄09?

4526 TRANSPORT—CITYRAIL TICKET SALES—Mr Ajaka to ask the Minister for Transport, Minister for the Central Coast—

(1) How much revenue was collected from CityRail ticket sales on Monday 2 August 2010?(2) How much revenue was collected from CityRail ticket sales on Monday 9 August 2010?(3) How much revenue was collected from CityRail ticket sales on Monday 16 August 2010?

4527 TRANSPORT—CITYRAIL CASHLESS TICKET MACHINES—Ms Ficarra to ask the Minister for Transport, Minister for the Central Coast—

(1) What are the time frames and stations targeted for the installation of cashless ticket machines?(2) When will all remaining stations with ticket machines be given a cashless option?

Lynn LovelockClerk of the Parliaments

_________________________________________ Authorised by the Parliament of New South Wales

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QUESTIONS AND ANSWERS - Parliament of NSW · 8/31/2010 · (The Questions and Answers Paper...

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