QUESTIONS AND ANSWERS€¦ · 15/10/2003 · 24 October 2003 Q. & A. No. 34 (Including Question...

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PARLIAMENT OF NEW SOUTH WALES LEGISLATIVE ASSEMBLY

2003

FIRST SESSION OF THE FIFTY-THIRD PARLIAMENT

___________

QUESTIONS AND

ANSWERS

No. 34

WEDNESDAY 15 OCTOBER 2003

___________ (The Questions and Answers Paper is published for each sitting day and will contain, by number and title, all unanswered questions, together with questions to which answers have been received on the previous sitting day and any new questions. Consequently the full text of any question will be printed only twice: when notice is given; and, when answered.) S1

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LEGISLATIVE ASSEMBLY QUESTIONS AND ANSWERS Wednesday 15 October 2003

Q. & A. No. 26 (Including Question Nos 609 to 642)

7 October 2003


8 October 2003


9 October 2003


10 October 2003


21 October 2003


22 October 2003


23 October 2003


24 October 2003


18 November 2003

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Notice of Question given on the date shown

2 SEPTEMBER 2003

(Paper No. 26)

*609 RIVERS MANAGEMENT PLAN—Mr Stoner to Minister for Infrastructure and Planning, and Minister for Natural Resources—

When will the River Management Plan for the Macleay River near Kempsey be finalised and released by your Department?

Answer—

There are two river management studies relevant to the Macleay Valley. The first relates to sand and gravel extraction, for which the Department recently received the findings from an independent study that it commissioned into the river’s sand and gravel dynamics. The Department is currently reviewing the report, prior to determining appropriate management strategies and extraction activities. The second relates to the integration of Local Government and State Government programs in the estuary and floodplain of the lower Macleay River, with a view to achieving efficiencies of scale and better environmental and economic outcomes. The Department is meeting with Council representatives in late October 2003 to further discuss progression of the integration and river management planning process.

*610 FORMER ABATTOIR SITE—GUNNEDAH—Mr Stoner to Premier, Minister for the Arts, and

Minister for Citizenship—

In relation to the former abattoir site at Gunnedah: (1) Are you aware of the unsightly and unsafe condition of this site? (2) Whose responsibility is the condition of this site? (3) What action does the Government intend to take in order to resolve this long-standing issue?

Answer—

I am advised that the former abattoir site is owned by a private company. Responsibility for the condition of the site lies with the private owner. I am advised that Gunnedah Shire Council is the appropriate regulatory authority should an environmental or health issue arise on the site.

*611 MINING INDUSTRY COMPULSORY RETIREMENT AGE—Mr Souris to Minister for Mineral

Resources—

(1) What is the Government’s position on the 60 years compulsory retirement age in the mining industry?

(2) Do you think, in 2003, it is time for a review of the age given the rest of the community as well as some other States operate on a non-discriminatory 65 years?

(3) Are you aware that Construction, Forestry Mining and Energy Union regard the comp ulsory 60 retirement age as outdated, unfair and discriminatory?

(4) Will you institute an independent review of the mining industry compulsory 60 years retirement age?

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Answer—

(1) to (4) Issues relating to retirement age in the mining industry are governed by the Coal and Oil Shale Mine Workers (Superannuation) Act 1941 which lie within the portfolio responsibilities of the Minister for Industrial Relations. All questions relating to this matter should be directed to the Hon Reba Meagher, Minister for Fair Trading and Minister Assisting the Minister for Commerce, the Minister representing the Minister for Industrial Relations in this House.

*612 F3 FREEWAY SPEED LIMIT—Mr Souris to Minister for Roads, and Minister for Housing—

When the work to triplicate the lanes on the F3 Freeway between the Central Coast and Sydney has been completed, will the work result in the restoration of the 110 kph speed limit over the presently restricted 90 kph section of the Freeway?

Answer—

The widening of the F3 Freeway from two lanes in each direction to three lanes in each direction is being undertaken on the section between Jolls Bridge and one kilometre north of Calga Interchange. At the completion of the project, it is expected that approximately half of the section currently restricted to 90 km/h will be raised to 110 km/h. In the interest of road safety, the remainder will stay at the current 90 km/h.

*613 ROADWORKS IN THE MT ROYAL NATIONAL PARK —Mr Souris to Minister for Infrastructure

and Planning, and Minister for Natural Resources—

(1) Were roadworks undertaken in June by the National Parks and Wildlife Service in the Mount Royal National Park?

(2) Does the Department of Land and Water Conservation fund roadworks for Crown road portions of Mount Royal and Cassels Roads?

(3) Why was roadwork being undertaken in the National Park? (4) Why was gravel carting taking place late at night and at weekends? (5) What is the cost of these roadworks? (6) Does the Government acknowledge that gravel was carted over Carrowbrook Road and that damage

was done to that road by such haulage in May 1999? (7) When will the Government make payment to Singleton Shire Council for work carried out on

Carrowbrook Road to repair caused by National Parks and Wildlife Services?

Answer—

(1) This is a matter for the Hon Bob Debus MP, in his capacity as Minister for the Environment. (2) No. (3) to (7) These are matters for the Minister for the Environment.

*614 PICTON POLICE STATION—Ms Seaton to Minister for Police—

(1) Between the period 1 July, 2003 to 31 July, 2003 was Picton Police Station open 24 hours, seven days a week?

(2) If not: (a) how many hours a day was it closed? (b) what times of the day was it closed and (c) why was it closed?

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Answer—

NSW Police has advised me: Operating hours within a Local Area Command are a matter for the Local Area Commander.

*615 POLICE OPERATIONS—Ms Seaton to Minister for Police—

(1) What was the nature of a police operation mid July 2003 in areas including Chatswood shopping mall, Hornsby shopping area, Oxford Street Darlinghurst, and Parramatta at around 5:30 pm in relation to each of these operations: (a) Hornsby (b) Parramatta (c) Chatswood (d) Oxford Street?

(2) How many police were involved? (3) Were sniffer dogs involved? If so, how many? (4) Where were these dogs trained? Have these dogs had prior operational experience? (5) How many people were apprehended and searched during this operation? (6) Were any arrests made as a result of the operation? If so, what charges were laid? (7) Have any convictions been made as a result? If so, give details. (8) On what basis did police select individuals for search? (9) Was any information received before the operation to guide police in their investigations? (10) Did any sniffer dogs involved in the operation falsely identify individuals for attention and search? (11) What records were kept about the success or failure of each dog in its identification of targets? (12) Are any dogs that incorrectly identified a target still on active duty? If so, why? (13) What is the appropriate procedure for searching an individual in a public place? (14) Has a report been made of this operation? (15) Will the report be made public?

Answer—

In view of the lack of an exact date, it is not clear as to what operation the Honourable Member is referring to. Police conduct many operations every day.

*616 REVIEW OF DEPARTMENT OF COMMUNITY SERVICES—BOWRAL—Ms Seaton to Deputy

Premier, Minister for Education and Training, and Minister for Aboriginal Affairs, representing the Minister for Community Services, and Minister for Ageing, Minister for Disability Services, and Minister for Youth—

(1) Is the Bowral office of Department of Community Services (DoCS) under review? (2) What is the nature of this review? (3) Who is conducting the review, and when did it start? (4) When will it be complete? (5) Will you guarantee there will be no closure or downscaling of DoCS resources and services from

Bowral?

Answer— (1) to (4) No. (5) See above.

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*617 CAPITAL WORKS AND SCHOOLS MAINTENANCE—Mrs Skinner to Deputy Premier, Minister for

Education and Training, and Minister for Aboriginal Affairs—

(1) How much money has been allocated for capital works at each school in the electorate of North Shore in 2003-2004?

(2) How much mo ney has been allocated for maintenance at each school in the electorate of North Shore in 2003-2004?

Answer—

(1) No major capital works in the North Shore electorate are currently included in the 2003/04 Capital Works Program announced in this year’s State Budget. Schools will continue to be considered in the context of future capital works programs.

(2) Maintenance funding is allocated by contract district and not to individual schools. All schools in the North Shore electorate will have work undertaken as a result of maintenance funding. In addition, $18,586 has been made available from the 2003/04 Replacement Works Program with funds allocated to the following schools: Beauty Point Public School; Middle Harbour Public School; Mosman Public School and North Sydney Public School.

*618 TAMWORTH WEST PUBLIC SCHOOL—Mrs Skinner to Deputy Premier, Minister for Education and

Training, and Minister for Aboriginal Affairs—

(1) When will funding be provided to rebuild Tamworth West Public School? (2) What is the estimated total cost, when will the project commence and when will it be completed?

Answer—

The Department of Education and Training commenced a facilities review at Tamworth West Public School on 22 May 2003. The review includes an analysis of student enrolments with reference to the demography of the local area and enrolment patterns of surrounding schools. The facilities are also assessed with reference to the Department’s current Primary School Facilities Standard. Funding will be considered following the completion of a facilities review of Tamworth West Public School. Consultations with the school community will continue during term four this year.

*619 SEWERAGE CONNECTION TIMETABLE—Mrs Hopwood to Minister for Energy and Utilities,

Minister for Science and Medical Research, Minister Assisting the Minister for Health (Cancer), and Minister Assisting the Premier on the Arts—

Will the proposed construction of sewerage infrastructure and residential connection at Dangar Island and Brooklyn continue in conformity with the current timetable that has connection commencing in 2005?

Answer—

Sydney Water is currently working with Gosford City Council and other Government stakeholders to finalise the preferred strategy to service Brooklyn, Dangar Island and the adjoining unsewered areas of Mooney Mooney and Cheero Point. This will include further environmental impact assessment building on the EIS prepared in 2000. Subject to planning approvals and the availability of funds, Sydney Water anticipates that construction on the Brooklyn and Dangar Island sewerage scheme will commence in 2005. Construction will continue for at least 18 months. Progressive connection to the system for residents is anticipated to occur once the new sewage treatment plant is commissioned.

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*620 BLUEPRINT STATUS—HAWKESBURY—Mr Pringle to Minister for Infrastructure and Planning, and

Minister for Natural Resources—

What is the status of the Blueprint for the Hawkesbury Lower Nepean Catchment?

Answer—

The Hawkesbury Lower Nepean Catchment Management Blueprint was approved by the NSW Government in December 2002 and is awaiting accreditation by the Commonwealth Government.

*621 CORRESPONDENCE—CTTT—Mr Pringle to Minister for Fair Trading, and Minister Assisting the

Minister for Commerce—

When will correspondence from Mr Jozef Goy of 3418 Singleton Road, Colo Heights, and myself, concerning the operation of the Consumer Trader and Tenancy Tribunal will be answered?

Answer—

A response has been provided to the Member for Hawkesbury in relation to this matter. *622 STATION PARKING—Mr Pringle to Minister for Infrastructure and Planning, and Minister for Natural

Resources, representing the Minister for Transport Services, Minister for the Hunter, and Minister Assisting the Minister for Natural Resources (Forests)—

What is the quantity of parking spaces at each of the Sydney suburban and outer commuter railway stations?

Answer—

I am advised: This information is publicly available on the StateRail website at www.staterail.info

*623 NATIONAL PARKS AND WILDLIFE SERVICE BURN-OFF—Mr J. H. Turner to Attorney General,

and Minister for the Environment—

(1) Were hazard reduction burns carried out by employees of the National Parks and Wildlife Services in the vicinity of Old Bar Road near Old Bar on 5 August 2003?

(2) If so, were those fires, at all times whilst alight, monitored by the National Parks and Wildlife Service?

(3) If not, why not? (4) If there was a burn-off as mentioned in (1) above, did such a fire on the date stated above, result in

the Rural Fire Service being called out after 5.00pm for the purpose of monitoring the fire? (5) If so, why weren’t National Parks and Wildlife officers available at that time? (6) Was a fire trail burnt around the area to be burnt as a containment measure? (7) If not, why not?

Answer—

A fuel reduction burn in Khappinghat Nature Reserve adjacent to Old Bar Road was conducted on 5 August 2003, and was approved and authorised by the Greater Taree Bush Fire Management Committee. I am advised that the burn was monitored from 10:00am to 5.00pm on 5 August 2003. I am advised that, on the evening of 5 August 2003, a motorist on Old Bar Road telephoned 000 Emergency to report a burning tree log. The RFS responded to the emergency call. The NPWS was also available to respond to the call.

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*624 RATES VARIATION—Mr J. H. Turner to Minister for Regional Development, Minister for the

Illawarra, and Minister for Small Business, representing the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands)—

(1) Did the Minister approve an application by Great Lakes Council for a special variation to raise the

general income through rates? (2) If so, by how much? (3) If so, why? (4) If so did the Minister apply any conditions on the Council to review its operations or to identify

specific areas where efficiencies can be made? (5) If so, what conditions? (6) If not, why not? (7) Was the period of the increase a period of five years from the 2003/2004 rate year? (8) If not, what is the period proposed for the increase in the rate? (9) If so, will the Council still be eligible to apply normal rate peg increases to the raised rate level over

the five year period? (10) If so, is this fair and reasonable? (11) Will that part of the rates that have been subject to any special variation, after the expiration of that

five year period, revert to the 2002/2003 level? (12) If not, why not? (13) If not, does this effectively mean that the Council will have the benefit of the increase of the special

variation after the period of five years together with the accumulated amount of rate pegging applied in that five year period?

(14) If not, why not? (15) If so, what would be the estimated gross increase in rates after the five year period on a cumulative

basis? (16) If not, what other time will the Minister do in relation to assessment of Council rates after the period

of five years, or such as may be the period during which such variation and increase takes effect?

Answer—

The Minister for Local Government and Rural Affairs has advised me as follows: (1) Yes. (2) 14.96% (3) To enable Great Lakes Council to maintain the current level of services to the community and to

fund infrastructure maintenance. (4) and (5) While specific conditions were not imposed, the council have been advised that it should

continue to review its operations to identify where further efficiencies and tangible savings can be achieved.

(6) Not applicable. (7) Yes. (8) Not applicable. (9) Yes. (10) It is considered to be fair and reasonable to ensure Great Lakes Council can continue to maintain

services to the community. (11) Yes. (12) Not applicable. (13) No. (14) Council is required to reduce its general income for the 2008/2009 rating year by the amount raised

as a result of the special variation plus the equivalent cumulative proportion of this increase from any general variation increases or any special variation increases approved for the 2004/2005 to 2007/2008 rating years inclusive.

(15) Not Applicable.

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(16) If Great Lakes Council is unable to reduce its general income following the conclusion of the five

year period, council would need to submit a further special variation application for consideration by the Minister.

*625 GANG ATTACKS—MAROUBRA—Mr Debnam to Premier, Minister for the Arts, and Minister for

Citizenship—

In relation to gang attacks in Maroubra: (1) Are your constituents being threatened and attacked in retaliation for reporting crime and talking to

the media about Maroubra's crime problems? (2) On the morning of Saturday 30 August 2003 at 12.30 am, did residents of a public housing property

in Midway Drive suffer an attack by a teenage gang? (3) On the morning of Saturday 30 August 2003 at 1.30 am, did residents of Midway Drive suffer a

teenage gang attack which included throwing a rock through the front window of the family's home? (4) Will you belatedly implement repairs promised two years ago for public housing at 36 Midway

Drive including: (a) repairing the property's electricity supply box doors to ensure a teenage gang can no longer harass residents by switching off electrical power? (b) re-instating a secure fence between the property and the adjacent park? (c) repair lighting smashed by the teenage gang? and (d) reduce the height of the garbage bin enclosure to ensure gang members are not able to hide in the enclosure?

Answer—

As I have previously advised I am aware of the concerns of residents and shopkeepers in the Lexington Place area, which includes Midway Drive, and as a result I have asked the Premier’s Department to develop a whole-of-government crime prevention plan for the area. This package is aimed at tackling crime levels, street safety, youth gang activity, school attendance and retention and drug and alcohol abuse.

I am advised that, in addition, the Eastern Beaches Local Area Command has adopted a number of strategies to address incidents of crime. These include: § Conducting high visibility policing operations at known ‘hot spots’ at critical times, using the

Command’s Proactive Crime Unit and Bicycle Unit; § Targeting known repeat offenders, including checking on whether they are observing their bail

conditions. This includes visiting the homes of persons who have a curfew as part of their bail conditions;

§ Enforcing Alcohol Free Zones and responsible service of alcohol protocols through a local Liquor Accord negotiated between police and licensees; and

§ Using trained Youth Liaison Officers to design crime prevention programs for young persons in the Eastern Beaches Local Area Command. The Police and Community Youth Club at Maroubra and the Youth Community Centra at Lexington Place assist in delivering these programs.

I am advised that the Department of Housing is currently reviewing security at 36 Midway Drive and will be undertaking a safety audit of Lexington Place and the surrounding area with local police in the near future.

*626 INTEGRITY TESTING—Mr Debnam to Minister for Police—

In relation to integrity testing: (1) How many integrity tests were carried out in 2001/02 and what were the results of those tests? (2) How many integrity tests were carried out in 2002/03 and what were the results of those tests? (3) How many integrity tests are expected to be carried out in 2003/04?

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Answer—

NSW Police has advised me: Integrity Testing targets are selected on the basis of complaints patterns and other intelligence about possible misconduct. The NSW Police Special Crime and Internal Affairs Command then presents targeted officers with a situation that tests their susceptibility to corruption. The Integrity Testing Unit takes a proactive approach - the overall policy is to identify officers who may be at risk early so that corrective management action can be taken, rather than waiting until the damage is done. In 1998, the Police Integrity Commission established systems under the Law Enforcement (Controlled Operations) Act 1997 for its own police integrity checks. The Integrity Testing Unit was heavily engaged in investigations relating to the Mascot and Florida operations. The number of tests varies from year to year according to the assessed need for them.

*627 SEIZURE OF GUNS—Mr Debnam to Minister for Police—

In relation to the seizure of 2600 guns in 2002: (1) What types of gun were seized in 2002 and how many were seized in each Local Area Command? (2) Does this number include guns seized by the NSW Crime Commission, if so, how many and what

type? (3) Does this number include guns seized in NSW in operations by Federal authorities such as the

Australian Crime Commission and the Australian Federal Police, if so, how many and what type? (4) How many and what type of guns were seized during Operation Vikings and from which Local

Area Commands? (5) Does the figure of 2600 guns include firearms that were surrendered voluntarily, if so, how many

and what type?

Answer—

(1) To extract data of this nature would be a resource intensive and time consuming task and is not considered an appropriate use of police time and resources.

(2) No. (3) The NSW Police Computerised Operational Policing System (COPS) records information relating

to incidents reported to and investigated by NSW Police. At times the NSW Police operate in partnership with other law enforcement agencies, including Federal agencies. The recording of data in COPS on weapons seized may depend upon which agency had overall control or responsibility for the operation and which agency retained the seized weapons. To extract data of this nature would be a resource intensive and time consuming task and is not considered an appropriate use of police time and resources.

(4) In 2002, the primary focus of Operation Vikings was on high visibility policing targeting street offences, anti-social and alcohol related behaviours. While weapons searches are a large part of Operation Vikings, to extract data of this nature would be a resource intensive and time consuming task and is not considered an appropriate use of police time and resources.

(5) NSW Police advised on 17 January 2003 that 2,600 firearms had been seized by police in 2002. *628 SUTHERLAND HOSPITAL RADIOTHERAPHY UNIT—Mr Kerr to Minister for Health—

Is the Minister aware of plans to establish a radiotherapy treatment unit at Sutherland Hospital for the benefit of shire residents?

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Answer—

I am advised that the Sutherland Hospital has no plans to establish a Radiotherapy Treatment Unit. There is already a very well developed Cancer Services Network between St George and Sutherland hospitals to ensure that Sutherland Shire residents receive appropriate radiotherapy treatments through the Cancer Care Centre at St George Hospital.

*629 SCHOOL MAINTENANCE—CRONULLA —Mr Kerr to Deputy Premier, Minister for Education and


What schools in the Cronulla electorate will receive funding under the government’s $186 million school maintenance program this year?

Answer—

Maintenance funding is allocated by contract district and not to individual schools. All schools in the Cronulla electorate will have work undertaken as a result of the maintenance funding. In addition, $71,828 has been made available from the 2003/04 Replacement Works Program with funds allocated to the following schools: Caringbah North Public School; Cronulla Public School; Endeavour Sports High School; Kurnell Public School and Miranda North Public School.

*630 WAITING PERIOD FOR BREAST CANCER PATIENTS —Mr Kerr to Minister for Health—

What is the waiting period for breast cancer sufferers before they can receive radiotherapy treatment at St George Hospital?

Answer—

The Cancer Care Centre at St George Hospital operates a priority system when assigning treatment start dates to patients with cancer and ensures equity of access for all cancer patients. Urgent cases receive treatment within a clinically appropriate time and emergency cases, within 24 hours. Other cases receive treatment in accordance with a treatment plan and priority designated by the treating Radiation Oncologist.

*631 JUNCTION BRIDGE—Ms Hodgkinson to Minister for Roads, and Minister for Housing—

(1) Have the temporary repairs, involving the insertion of specially fabricated steel rods to stabilise the Junction Bridge on the Tumut Plains Road been completed?

(2) What was the overall cost of the temporary repairs? (3) When will permanent repairs to the Junction Bridge be completed? (4) What is the estimated cost of the permanent repairs? (5) Has any funding been allocated for these permanent repairs in the 2003/04 Budget?

Answer—

(1) Yes. (2) $144,132. (3) 2005. (4) $4 million. (5) $100,000 has been provided in this year’s Budget for the development phase of the permanent

works.

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*632 LOGGING CHARGES—Ms Hodgkinson to Minister for Infrastructure and Planning, and Minister for

Natural Resources, representing the Minister for Transport Services, Minister for the Hunter, and Minister Assisting the Minister for Natural Resources (Forests)—

(1) Does State Forests charge logging companies a permit fee to use State Forests’ roads in timber

plantations? (2) If so, what is the basis for determining the permit fee? (3) If not, has State Forests held any discussions with any groups in the logging industry about the

introduction of a permit fee?

Answer—

State Forests is negotiating with commercial users of State Forests in Hume Region for Special Purpose Permits to use State Forests’ roads to haul timber grown on private land. The Special Purposes Permits will be issued for specific roads, under the normal conditions of operational usage. The allocation of fees collected will be applied to maintenance of the roads subject to private log haulage. Fees have been calculated using a per tonne per kilometre rate based on historical actual costs for road repairs and maintenance, excluding construction costs. State Forests will not take any action to interrupt the flow of wood from privately owned forest during the negotiations.

*633 PUBLIC HEALTH CLINIC—YASS—Ms Hodgkinson to Minister for Health—

(1) Does the Southern Area Health Service intend opening a Public Dental Clinic at the Yass Community Health Centre?

(2) If so, when will the clinic open? (3) How many additional staff will be employed at the clinic? (4) Has recruitment action already commenced, if not when will advertising for these positions start?

Answer—

(1) and (2) The clinic was temporarily closed for renovations and reopened on 8 September 2003. (3) and (4) The clinic is adequately staffed with a part-time dentist, a full-time assistant and a dental

therapist providing services, as required. *634 NURSE SHORTAGES—Mr Constance to Minister for Health—

How many times in the last 12 months has the High Dependency Unit at the Bega Hospital been closed as a result of nurse shortages?

Answer— Four. *635 BEGA PUBLIC SCHOOLS—Mr Constance to Deputy Premier, Minister for Education and Training,

and Minister for Aboriginal Affairs—

How much money has been spent in each public school in the Bega electorate over the last five years?

Answer—

This information is not readily accessible. Obtaining this information would be an unreasonable use of the Department’s resources.

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*636 ULLADULLA SEA POOL—Mr Constance to Minister for Infrastructure and Planning, and Minister for

Natural Resources—

Given that Shoalhaven City Council is refusing to fund the maintenance and repair of the Ulladulla Sea Pool, against the request of the NSW Heritage Office to protect the sea pool before its determination as a heritage asset, will the Minister investigate the actions of the Council and ensure this valuable community asset is repaired and re-opened?

Answer—

Shoalhaven City Council, at its meeting on 1st September, resolved to reinstate the Ulladulla Sea Pool on its LEP and nominate the pool for listing on the State Heritage Register. On the 11th September Shoalhaven City Council voted $43,000 for undertaking the necessary repairs to the Ulladulla Sea Pool.

*637 ALBURY LOCAL AREA COMMAND—Mr Aplin to Minister for Police—

(1) How many detectives are attached to the Albury Local Area Command? (2) How many of these detectives have completed detective training? (3) How many of these detectives have less than 5 years experience? (4) How many detectives in the Albury Local Area Command are currently on leave on account of

stress, sickness or long service? (5) What is the ratio of investigation to reported incidents by the Albury Local Area Command

detectives?

Answer—

NSW Police has advised me: (1) There are 17 Detectives attached to the Albury Local Area Command. (2) Thirteen. (3) None. (4) None. (5) This data has not been collated by NSW Police. To obtain this information would require an

unreasonable diversion of police resources from operational duties. *638 CLASSIFICATION REVIEW —Ms Moore to Attorney General, and Minister for the Environment—

(1) What is the Government’s position on classification of the film Ken Park, and what is its basis? (2) What is the State Government’s role in appointing Office of Film and Literature and Classification

Review Board Members?

Answer—

(1) Classification decisions are made by the Federal Government under the Classification (Publications, Films and Computer Games) Act 1995. The film, Ken Park was classified RC (Refused Classification) by the Commonwealth Classification Board.

(2) The Office of Film and Literature Classification is a Statutory Agency staffed by Australian Public Service Employees. Members of the Classification Review Board are appointed under section 74 of the Commonwealth Classification (Publications, Films and Computer Games) Act 1995. Prior to the appointment of members, the Commonwealth Attorney-General must consult with, but is not required to accommodate the views of, State and Territory Ministers responsible for censorship matters.

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*639 FOX STUDIO CRAFT SHOP—Ms Moore to Minister for Infrastructure and Planning, and Minis ter for

Natural Resources—

Concerning the operation of the Fox Studios Australia “craft shop” approved by PlanningNSW under DA 198-6-2002: (1) What materials and chemicals have been used in the “craft shop” since its completion? (2) What materials and chemicals are expected to be used on the “craft shop” site in the future? (3) What materials and chemicals are being stored on the site? (4) What is the manner of the storage of these chemicals? (5) What restrictions exist on the types of materials and chemical which can be used on the site? (6) What are the technical requirements of filtration of fumes, dust and odours from the site? (7) What investigations have been done in response to local residents’ complaints about fumes, dust and

odours from chemicals used on the site? (8) What government agencies undertook those investigations? (9) What were the findings of those investigations? (10) What government authority, independent of Fox Studios Australia, has primary responsibility for

investigating and resolving complaints about possible health impacts from the site?

Answer—

(1) There are a range of chemicals used on the premises, including various polyurethanes, urethanes and paints. As the list is extensive, full details have been forwarded to you direct, in response to your earlier written request.

(2) I am not aware of any materials and chemicals proposed to be used in the craft shop in the future that are not currently used on site.

(3) The various polyurethanes, urethanes and paints used on the premises are also stored on site. (4) All chemicals and materials are used and stored on the site in accordance with the requirements of

their Material Safety Data Sheets. (5) No restrictions exist on the types of materials and chemicals which can be used on the site.

However, the use of all materials and chemicals on site is required to comply with relevant air quality criteria provided by the Environment Protection Authority.

(6) The Environment Protection Authority (EPA) was consulted during the exhibition stage of DA 189-6-2002 and recommended that the design and installation of the fume/dust exhaust system comply with its “Approved Methods and Guidance for the Modelling and Assessment of Air Pollutants in New South Wales” (NSW EPA 2001). This requirement was subsequently included as a condition of development consent.

(7) The Department of Infrastructure, Planning and Natural Resources has investigated all complaints from local residents about fumes, dust and odours from chemicals used on the site and conducted site visits at the time complaints have been lodged. Upon request by the Department, Fox Studios Australia (FSA) has recently engaged an independent specialist consultant to undertake an air quality monitoring program, and has provided the Department with a draft report which the Department is currently reviewing.

(8) The Department of Infrastructure, Planning and Natural Resources has undertaken all investigations.

(9) Investigations undertaken in response to specific complaints have not established any significant impacts relating to fumes, dust and odours. The Department is currently reviewing the results of the air quality monitoring report.

(10) On my behalf, the Department takes responsibility for investigating and resolving matters related to compliance with the items of development consent. Council is also authorised to take action.

*640 GOLF PROGRAMS—Mr Armstrong to Minister for Tourism and Sport and Recreation, and Minister

for Women—

(1) Do you have any programs in place to support Women’s and Men’s Golf in NSW?

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(2) If so, what are these programs? (3) How much was spent on these programs in:

(a) 2001 (b)2002 (c)2003?

Answer—

(1) Yes. (2) The Sports Development Program (SDP), the Country Athlete Scheme (CAS), Jack Newton Junior

Golf Foundation (JNJGF), Capital Assistance Program (CAP) and Beginner Golf lessons for adults. (3) The amount spent on these programs during 2001, 2002 and 2003 is:

SDP 2001 2002 2003 Total____ NSW Golf Association $45,000 $45,000 $45,000 $135,000 Women’s Golf NSW $47,000 $47,000 $47,000 $141,000 CAS NSW Golf Association $5695 $5090 $5946 $ 16,731 Women’s Golf NSW $785 $6000 $5969 $ 12,754 JNJGF $49,000 $49,000 $49,000 $147,000 CAP $33,000 $1,154 $20,198 $ 54,352

(4 grants) (1 grant) (2 g rants) Beginner golf lessons $5,778 $12,890 $13,299 $ 31,967 Total of all grants: $538,804

*641 RACING INDUSTRY SUPPORT—Mr Armstrong to Minister for Tourism and Sport and Recreation,

and Minister for Women—

(1) Do you regard racing as a sport? (2) If so, what contribution has your Department made towards the advancement of:

(a) Thoroughbred racing? (b) Harness racing? (c) Greyhound racing?

Answer—

(1) The Department of Tourism, Sport and Recreation does not recognise racing as a sport for funding purposes.

(2) (a), (b) and (c) Not applicable. *642 CAPITAL ASSISTANCE PROGRAM—Mr Armstrong to Minister for Tourism and Sport and

Recreation, and Minister for Women—

(1) Can you advise what funds have been spent on the Department of Sport and Recreation’s Capital Assistance Program in the following years: (a) 1995 (b) 1996 (c) 1997 (d) 1998 (e) 1999 (f) 2000 (g) 2001 (h) 2002 (i) 2003?

940


Answer—

(1) (a) $3,045,225 (b) $2,926,923 (c) $3,667,171 (d) $4,048,250 (e) $3,955,722 (f) $3,999,657 (g) $3,999,521 (h) $4,001,801 (i) Applications under the 2003/2004 Program are currently being assessed.

3 SEPTEMBER 2003

(Paper No. 27)

*643 CASUAL TEACHERS—Mr Armstrong to Deputy Premier, Minister for Education and Training, and

Minister for Aboriginal Affairs—

(1) How many qualified casual teachers are there in the Cootamundra region? (2) How many qualified casual teachers were available for work on 22 August 2003 in the

Cootamundra region? (3) How many qualified casual teachers were employed in the Cootamundra region on 22 August 2003? (4) Are you aware three classes were disrupted at EA Southee Public School on 22 August 2003 due to

the unavailability of casual teachers in the region? What is your government doing to redress the serious shortage of casual teachers in the Cootamundra region?

Answer—

(1) There are 64 qualified casual teachers in the Cootamundra region listed on the Department of Education and Training’s personnel system.

(2) to (4) On 22 August 2003 all schools in the Cootamundra region provided students with appropriate supervision.

*644 SCHOOL PROGRAMS (1)—Mr Armstrong to Minister for Tourism and Sport and Recreation, and

Minister for Women—

(1) Is there a sport and physical activity program in place in NSW primary schools? (2) If so, is the program mandatory for all students? (3) What is the age of the students who participate in this program? (4) What is the time spent on such a program each week? (5) Are there any figures to confirm if such a program is successful? (6) Is the sport and physical activity program developed by the individual school? (7) What number of children are missing out on such physical activity because the individual teachers

and/or school administrators who are responsible for organising this activity are far too busy to undertake a suitable program?

(8) How do you to ensure all primary school age children actively participate in regular physical activity at school, which will result in health benefits, as well as social and economic benefits?

Answer—

These issues fall under the portfolio responsibility of the Minister for Education, The Hon. Dr Andrew Refshauge MP, and as such should be directed to him.

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*645 SCHOOL PROGRAMS (2)—Mr Armstrong to Deputy Premier, Minister for Education and Training,

and Minister for Aboriginal Affairs—

(1) Is there a sport and physical activity program in place in NSW primary schools? (2) If so, is the program mandatory for all students? (3) What is the age of the students who participate in this program? (4) What is the time spent on such a program each week? (5) Are there any figures to confirm if such a program is successful? (6) Is the sport and physical activity program developed by the individual school? (7) What number of children are missing out on such physical activity because the individual teachers

and/or school administrators who are responsible for organising this activity are far too busy to undertake a suitable program?

(8) How do you ensure all primary school age children actively participate in regular physical activity at school, which will result in health benefits, as well as social and economic benefits?

Answer—

(1) In NSW primary schools, students have opportunities to participate in physical activity through the key learning area of Personal Development, Health and Physical Education (PDHPE) and through school sport programs.

(2) In 2000, a new PDHPE syllabus was implemented in all NSW primary schools. This syllabus mandated the teaching of physical education from Kindergarten through to Year 6. Sport is mandatory for all students in Years 3 to 6.

(3) Students participate in PDHPE in primary schools from Kindergarten to Year 6 which includes the ages from five to twelve years. Students are required to participate in mandatory school sport in primary school from eight to twelve years of age.

(4) It is recommended that primary schools aim to provide a minimum of 120 minutes per week of planned physical activity in each year from Kindergarten to Year 6. This includes the current requirement of 60 minutes per week for primary school sport in Years 3 to 6.

(5) It is up to individual schools to monitor and evaluate the effectiveness of their PDHPE and school sport programs.

(6) Yes. (7) and (8) PDHPE and sport are mandated in government schools. As such it is an expectation that

no child misses out on physical education or sport as part of their experience in primary school. *646 HOLCOMBE HILL NEW ENGLAND HIGHWAY ABERDEEN—Mr Souris to Minister for Roads,

and Minister for Housing—

(1) What are the statistics recorded for accidents, injuries etc, which have occurred at the Holcombe Hill section of the New England Highway?

(2) What remedial works have been carried out in the past to alleviate this dangerous section of road? (3) How many accidents have occurred since these works have taken place? (4) What new measures are considered necessary and what measures are planned in the near future? (5) Will speed cameras be installed at this location as an interim measure? (6) Will this bend in the highway be straightened and this black spot eliminated?

Answer—

There was a widely publicised fatal accident at this location on 1 October 2003, which is currently the subject of a Coronial Inquiry. It is therefore inappropriate for me to comment at this point in time.

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*647 EPPING RAILWAY STATION—Mr Pringle to Minister for Infrastructure and Planning, and Minister

for Natural Resources, representing the Minister for Transport Services, Minister for the Hunter, and Minister Assisting the Minister for Natural Resources (Forests)—

Is the Government intending to retain the historic Epping Railway Station buildings during and after construction of the Epping to Chatswood rail link?

Answer—

I am advised: As part of the Epping to Chatswood rail works a new aerial concourse will be constructed at Epping station. The new station will be fully accessible and the existing building constructed in 1901 on platform one will be retained and refurbished. Operational issues including accessibility and safety requirements mean the 1929 building on platform three will be unable to be retained. The NSW Heritage Council has been fully consulted about the plans to upgrade Epping station.

*648 FIRE HAZARD REDUCTION—Mr Pringle to Minister for Police, representing the Minister for Rural

Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands)—

What is the extent of back burning and hazard reduction performed within the Hawkesbury Electorate in preparation for the 2003/04 fire season?

Answer—

Endorsed hazard reduction operations approved and implemented through the Hawkesbury Bush Fire Management Committee, comprise the following: § 2003/04, 15 proposals completed totaling 1,710.5 hectares; § 2002/03, 14 proposals completed totaling 620.9 hectares; and § 2001/02, 14 proposals completed totaling 1,132.9 hectares.

Please note that the Hawkesbury Bush Fire Management Committee covers the Hawkesbury Local Government Area.

*649 CAVEAT CASES—Mr Pringle to Attorney General, and Minister for the Environment—

(1) Is the Minister aware of the significant number of caveat cases in which the caveator seeks to inconvenience the land owner more than seeking to settle the claim?

(2) Is the government considering introducing amendments to the legislation to protect land owners from malicious (and frivolous) caveats?

Answer—

Caveats can be placed on land for a number of different reasons, one of which is a result of a court order. This matter is a matter for the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services and Minister Assisting the Minister for Natural Resources (Lands).

*650 LAKE COWAL GOLD MINE PROJECT —Mr Piccoli to Minister for Mineral Resources—

What action has the Minister undertaken to ensure that the Lake Cowal Gold Mine project goes ahead?

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Answer—

I granted a mining lease on 13 June 2003 to Barrick Australia Limited to allow for the recovery of the gold resource within the Cowal Project area. Barrick is endeavouring to meet pre-mining requirements prior to the development of the mine and the Department of Mineral Resources is assisting the company as required.

*651 SHOOTING FACILITY DEVELOPMENT PROGRAM—Mr Piccoli to Minister for Tourism and Sport

and Recreation, and Minister for Women—

Will the Shooting Facility Development Program go ahead this year?

Answer—

Discussions regarding the future of the Shooting Facility Development Program are continuing. *652 WORKERS COMPENSATION PREMIUMS—Mr Piccoli to Minister for Mineral Resources—

(1) What is the average Workers Compensation premium paid per coal mining employee? (2) What is the average Workers Compensation premium paid per employee across the entire mining

industry? (3) What is he doing to reduce Workers Compensation premiums in the mining industry?

Answer—

Issues relating to workers compensation premiums for the coal sector and the rest of the mining industry lie within the Ministerial responsibility of my colleague the Honourable John Della Bosca, the Minister for Commerce and Minister for Industrial Relations. All questions relating to workers compensation should be directed to my colleague the Hon Reba Meagher, Minister for Fair Trading and Minister Assisting the Minister for Commerce, the Minister representing the Minis ter for Industrial Relations in this House.

*653 SELF FUNDED RETIREES—Mr Page to Premier, Minister for the Arts, and Minister for Citizenship—

(1) Will the State government accept the Commonwealth government’s offer to the States to fund 60% of an assistance package for self funded retirees who hold a Commonwealth Health Card, provided the States fund the other 40%?

(2) Why has your government in NSW refused to accept the Commonwealth’s offer despite other States doing so?

(3) Will you reconsider your position so that independent retirees in NSW can get the benefits of the package?

(4) If not, why not?

Answer—

This is a Commonwealth Government proposal which the Commonwealth should fully fund. The Commonwealth’s current offer constitutes less than 40 percent of the projected cost to NSW, not 60 percent. In September 2002, the Premier wrote to Prime Minister Howard suggesting that the focus be on those older Australians most disadvantaged by the current system. The Premier proposed a new classification of concession card holder, which would include self-funded retirees whose assets and/or income is marginally above the eligibility for a part pension. This proposal could be met using the Commonwealth funding offer. The Prime Minister is yet to respond to this alternative option.

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*654 RISK MANAGEMENT POLICY—Ms Seaton to Minister for Infrastructure and Planning, and Minister

for Natural Resources, representing the Minister for Transport Services, Minister for the Hunter, and Minister Assisting the Minister for Natural Resources (Forests)—

(1) Does the NSW Treasury require every state agency to have a risk management policy? (2) Of the following agencies, which have a risk management policy:

(a) Rail Infrastructure Corporation? (b) State Rail? (c) Sydney Ferries? (d) Country-Link?

(3) Do they have a risk management policy? (4) When was the policy prepared? (5) Did the Minister for Transport sign off on the policy? (6) When was the policy finalised and signed off? (7) What if any audit and compliance procedures have been implemented and conducted by the

Treasury on this risk management policy? (8) Was RIC’s risk management policy in effect at the time of the Bargo rail derailment (August 2002)? (9) Was the policy complied with in respect of this derailment incident?

Answer—

I am advised: (1) Yes. Please refer to LA 655. (2) and (3) Yes, all have a risk management policy. (4) StateRail’s Risk Management policy was prepared as part of a broader framework in August 2003.

Sydney Ferries’ policy was prepared in September 2001. RIC’s policy was prepared in 2001. A comprehensive risk management approach is being taken for the new integrated entity from its establishment as at 1 January 2004.

(5) The policies are approved by the relevant Boards, or the Director General of Transport. (6) StateRail’s updated policy is currently being finalised. Sydney Ferries’ policy was finalised on 25

October 2001. RIC’s policy was finalised on 1 January 2002. (7) The Ministry of Transport conducts annual audits of the RIC and SRA Safety Management

Systems, in accordance with accreditation requirements. (8) and (9) Yes. The Rail Safety Regulator made recommendations regarding RIC’s risk management

policy. RIC has advised the Rail Safety Regulator these recommendations have been addressed. The implementation of these recommendations will be subject to ongoing inspection and verification by the Rail Safety Regulator.

*655 RISK MANAGEMENT POLICY MONITORING—Ms Seaton to Minister for Infrastructure and

Planning, and Minister for Natural Resources, representing the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

(1) Does the NSW Treasury require every state department and agency to have a risk management

policy? (2) Have any departments or agencies failed to produce a risk management policy? (3) If so, which ones? (4) What evaluation and compliance procedures does Treasury undertake to monitor this policy?

Answer—

(1) Public Trading Enterprises must provide Annual Risk Management Returns as part of Treasury’s monitoring process. Similarly, a number of agencies (currently representing approximately 70% of General Government agency expenses and eventually to be extended to all agencies) must submit Service and Resource

945


Allocation Agreements (SRAAs), as part of the Budget process, for review by Treasury. The SRAA identifies, inter alia, the major risks faced by the agency and the risk management strategies and risk indicators associated with those risks. Treasury has also issued to all agencies the Risk Management and Internal Control Toolkit. This self-assessment diagnostic tool assists agencies to develop strategies to improve risk management.

(2) n/a (3) n/a (4) Please refer to answer (1).

*656 BACK TO SCHOOL PAYMENTS—Mr Maguire to Deputy Premier, Minister for Education and


(1) How much money does the Government spend totally in the $50 Back to School payments to each student in New South Wales, specifically: (a) What is the total value of the $50 payments? (b) What are the costs of posting the payment? (c) What are the costs of preparing and collating payments, and assessing the information and

eligibility? (d) What is the total cost of stationery and printing? (e) What are the other associated costs , for example, administration?

Answer—

(1) (a) to (e) The allocation for the Back-to-School Allowance Program for 2003/2004 was $56.010 million, which includes all costs for postage and administration

*657 HENTY HOSPITAL—Mr Aplin to Minister for Health—

What future use is planned for the buildings of the current Henty Hospital once the new multi-purpose service is commissioned?

Answer—

When the new multi-purpose service has been commissioned, the old hospital buildings will be surplus to health service requirements. The buildings will then be approved for sale in line with the Government’s protocols for the disposal of public assets.

*658 THERMACOT REPLACEMENT—Mr Aplin to Minister for Health—

(1) Is the Minister aware that the Thermacot based in Corowa is 25 years old and is now unsafe and unrepairable?

(2) What steps are being taken to replace this specialist equipment so that infants can be transported safely in emergency situations?

Answer— The Thermacot was replaced in September 2003. *659 AIR CHARTER FOR RURAL FIRE SERVICE —Ms Hodgkinson to Minister for Police, representing

the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands)—

(1) Has the Rural Fire Service recently changed its criteria for aircraft used for fire fighting to the

category of ‘Charter’ under the Civil Aviation Safety Authority?

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(2) Will this category change exclude the use of most helicopters? (3) Will this category change mean that charter companies will be able to charge hourly charter rates

that are approximately three times the previous rates? (4) Why did the Rural Fire Service not use the category ‘Airwork’ which would have allowed wider use

of charter aircraft, including most helicopters, and lower charter rates?

Answer—

(1) No. The current standard has existed for the past four years. (2) No. (3) There has been no indicated change by the existing operators and the hourly rates are not any

higher. (4) Airwork, restricted and charter category aircraft are all utilised during the fire season dependent

upon operational requirements. When firefighters are transported or deployed, aircraft hire occurs under the charter category as firefighters are not classified as aircrew and are not essential to the operation of the aircraft as defined in the Airwork category.

*660 MINIMUM ORDERS BY WHOLESALERS —Ms Hodgkinson to Minister for Fair Trading, and

Minister Assisting the Minister for Commerce—

(1) Has the Department of Fair Trading investigated a complaint by Mr C Ballard, Manager of EA Bourne Pty Ltd Tumut, regarding minimum order amounts imposed by wholesale suppliers?

(2) If so what was the result of this investigation? (3) What assistance was provided to Mr Bourne to resolve his concerns? (4) What action has been taken by the Department of Fair Trading to address the problem of small

country hardware suppliers being unable to obtain small quantities of stock because of wholesalers’ minimum order requirements?

Answer—

The Office of Fair Trading does not have jurisdiction in matters relating to the supply of goods or services between commercial entities except in relation to circumstances where the conduct of the supplier may be unconscionable. The information supplied is insufficient to determine if the supplier has engaged in unconscionable conduct. The Trade Practices Act 1974 (Cth), which is administered by the Australian Competition and Consumer Commission [ACCC], contains prohibitions against the misuse of market power and other anti-competitive practices. The relevant provisions may be of assistance to the company in question.

*661 AUSTRALIAN RAIL TRACK CORPORATION—Ms Hodgkinson to Minister for Infrastructure and

Planning, and Minister for Natural Resources, representing the Minister for Transport Services, Minister for the Hunter, and Minister Assisting the Minister for Natural Resources (Forests)—

(1) Has the Working Party formed by the NSW Government to discuss the ARTC and alternative

proposals provided its findings to the NSW Government as scheduled by 31 July 2003? (2) If so, what has the Working Party recommended to the NSW Government? (3) What recommendations did the Working Party make regarding action necessary to secure the future

of the Goulburn Railway Workshops? (4) If the Working Party has not provided its findings, what is the reason for the delay?

Answer—

I am advised: (1) The Working Party provided an interim report on 31 July 2003 and a final report on 8 August 2003. (2) The Working Party presented options for the Government’s consideration.

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(3) The future of the Goulburn Railway workshops was not part of the terms of reference for the

Working Party. (4) Not applicable.

*662 FERAL HORSES CODE—Ms Moore to Attorney General, and Minister for the Environment—

What measures did the State Government take to ensure that Dr English’s “Code of Practice for the Capture and Transport of Feral Horses from National Parks” (per Annex A of “A Report on the Management of Feral Horses in the National Parks of Ne w South Wales, 28 June 2001”) was subject to public consultation and peer review before being approved by the National Parks and Wildlife Service?

Answer—

In November 2000, I commissioned an independent review of how the National Parks and Wildlife Service manages horse populations in its reserves. The review was undertaken by Associate Professor Tony English, Head of the Department of Veterinary Clinical Sciences at the University of Sydney. Professor English prepared three reports and, appended to his third report, the Code of Practice for the Capture and Transport of Feral Horses for use by National Parks. The NPWS resolved that the Code of Practice should be considered by the Steering Committee preparing the draft Horse Management Plan for Guy Fawkes River National Park. Public exhibition of the draft plan in the near future will allow public consultation on all matters relating to the proposed capture and transport of horses from the park. Management strategies to reduce feral horse numbers in National Parks reserves will be guided by the recommendations made by Professor English as well as the Code of Practice. However, in all cases, the National Parks and Wildlife Service consults extensively with the community before it undertakes any management program for horses that exist in its reserves.

*663 KERBSIDE LINEMARKINGS—Ms Moore to Minister for Roads, and Minister for Housing—

When will the Roads and Traffic Authority (RTA) educate local councils and motorists about kerbside linemarkings in place of ‘No Stopping’ signs given that motorists and local councils are still uncertain about the application and purpose of this procedure that was introduced in 1989 and is identified in both the Roads Users Handbook and the Australian Road Rules?

Answer—

In December 2001, the Roads and Traffic Authority (RTA) notified all councils in NSW of the engineering guidelines for the use of continuous yellow no stopping lines. The notification indicated that while the lines are separately dealt with in the Australian Road Rules, and thus are enforceable, it is generally not intended to use the lines without accompanying signposting. This practice is being reinforced in the RTA’s new draft Delineation manual, which has recently been posted on its website for comment. In view of the RTA’s documented practice of installing continuous yellow lines in conjunction with ‘No Stopping’ signs, the allocation of funding towards an education campaign is not proposed at this stage. It is considered that available funding would be better utilised on road safety education campaigns.

*664 TAFE PROPOSALS —Mrs Hopwood to Deputy Premier, Minister for Education and Training, and

Minister for Aboriginal Affairs—

What impact will proposals in the document “Lifelong Learning” and proposed changes to TAFE have on: (a) Current exempt TAFE courses and students who do not receive Centrelink allowances? (b) Community colleges and the future of this form of education?

948


(c) Hornsby TAFE with regard to staff and student numbers, the range of cours es offered and fees

charged for those courses?

Answer—

The Lifelong Learning document is a proposal to reshape public education in NSW and it has been the subject of extensive consultation with staff, unions and peak and community groups. The Lifelong Learning proposals will have no direct impact on current exempt TAFE courses. On 23 September 2004, I announced that the fee exemptions for 38 TAFE Access courses will be retained. These courses are free to all students even if they are not eligible for an individual exemption. The courses in this category are designed to assist people in disadvantaged groups to access education and training. This means that approximately 150,000 people will continue to study at TAFE for free under what is the most generous exemption policy in the country. Under the Lifelong Learning proposals, support for the adult and community education sector would continue. Adult and Community Education (ACE) will continue to play a very valuable role in providing education and training opportunities for people throughout NSW, particularly those experiencing disadvantage. In the current restructure document it is proposed that ACE be amalgamated with the Adult Migrant Education Services reporting to the Deputy Director-General TAFE and Community Education. It is not proposed to change the identity or functions of the Board of Adult and Community Education and consequently the Board will retain it separate role in advising the Minister. The current Lifelong Learning proposal is not expected to have any impact on Hornsby TAFE with regard to staff and student numbers. Fees charged for courses will be those which apply across TAFE NSW.

*665 CARINGBAH HIGH SCHOOL SITE—Mr Kerr to Deputy Premier, Minister for Education and

Training, and Minis ter for Aboriginal Affairs—

(1) Has the Minister stated the government has no plan to sell any part of the Caringbah High School site?

(2) If so, why did the Department of Education and Training write to Sutherland Shire Council requesting rezoning of three hectares of school land for residential use?

Answer—

(1) The Government has no such plan. (2) No part of the Caringbah High School site has been declared surplus to the school’s requirements at

this time and the Government has no immediate plan to sell any part of the school site. *666 VALE REPRESENTATIONS—Mr Kerr to Minister for Regional Development, Minister for the

Illawarra, and Minister for Small Business, representing the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands)—

(1) Given your answer to that you had not received any representations on behalf of Mr Vale can you

advise whether you have now received my representations on behalf of Mr Vale? (2) If so, can you advise the date on which you received those representations?

Answer—

The Minister for Local Government and Rural Affairs has advised me as follows: A response to your representation on behalf of Mr Veale was sent on 19 September 2003.

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*667 NSW FOOD INDUSTRY—Mr J. H. Turner to Minister for Regional Development, Minister for the

Illawarra, and Minister for Small Business, representing the Minister for Agriculture and Fisheries—

With reference to the Minister’s “statement of support for the NSW seafood industry” dated 22 July 2003: (1) Does that statement say that “some of the State Government’s key objectives are to develop models

for consensus based approach for resolving resource sharing issues in the future”? (2) In view of those sentiments, can the Minister advise why he or his department unilaterally closed

down the garfish fishery in Port Stephens, without consultation with stakeholders in the fishery? (3) What consultation occurred prior to the garfish fishery being closed and was such consultation, if

any, consistent with the proposed “review (of) the consultative structures” mentioned in the Minister’s statement?

(4) If no consultation was entered into with affected fishers, why wasn’t the consultation entered into? (5) What “consensus-based approach’ was taken by the Minister or his department prior to the

unilateral closure of the garfish industry? (6) If the Minister believes there was a “consensus-based approached” who was part of the consultative

consensus based decision? (7) If there was no consensus based approach as per the Minister’s statement when the decision was

taken to close the garfish fishery, why not? (8) What compensation will he give in the spirit of “partnership and cooperation” to those fishers who

no longer participate in that fishery? (9) What does he, or his department, believe that those fishers who fished in the garfish fishery should

do with their specialised equipment that can no longer be used? (10) Will the Minister instruct the department to compensate fishers also for loss of use of such fishing

gear? (11) If not, why not? (12) Does the Minister or his department realise that fishers who are no longer able to participate with

the garfish fishery will be required to make up that income in another fishery? (13) Could this place stress on other fisheries entered into by such fishers? (14) If so, is this consistent with the governments “high standard fishery management strategy”? (15) How does the unilateral closure without consultation, of the garfish fishery create a “period of

stability for the industry”? (16) Is the action of the Minister inconsistent with the letter the Minister wrote under reference

DF03000283 to seafood industry members on or about 21 July 2003 that “(he) I am keen to work with you as a member of the seafood industry to build our industry for the future”?

(17) What, if any, was the scientific reason for the closure of the garfish fishery?

Answer—

The Minister for Agriculture and Fisheries has advised me as follows: In response to questions 1 to 17, I can advise that the temporary ban on the taking of sea garfish is consistent with the estuary general fishery management strategy approved under the state’s environmental planning legislation. It will only remain in place until stocks have sufficiently recovered. Stakeholders in the estuary general fishery, including the elected management advisory committee were fully consulted during the development of the fishery management strategy, which was approved on 3 July 2002, and which was also required to be accredited under the Commonwealth Government’s environmental planning and biodiversity conservation legislation. It is not practical to revisit the strategy without considerable resources and cost to industry and it is unlikely that the outcome would differ. The decision was based on a dramatic decline in the landings of sea garfish throughout the 1990’s which prompted concern over the status of the stock. Recent catch levels for the species were as low as 10% of those recorded in the early 1990’s. The high value of the species in recent years makes it likely that the decline in landings reflects a real decline in abundance of the species.

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*668 PESTICIDE AND FERTILISER CONTAMINATION—Mr Richardson to Attorney General, and

Minister for the Environment—

(1) Is the Environmental Protection Agency (EPA) continuing to monitor pesticide and fertiliser contamination of South Creek, as agreed at a meeting convened by the EPA at Flemington markets on May 2 this year?

(2) Can you supply the results of that monitoring? (3) Are you concerned about the ongoing misuse of pesticides in the Sydney basin by immigrant

farmers who can’t read English language labels on pesticide containers, as revealed by the Premier’s task force into Sydney’s market gardeners in 2001?

(4) Have you taken any action over the decision not to renew the contract of Dr Dipak Aditya, the project officer appointed by the Premier’s task force to co-ordinate the activities of various government agencies?

Answer—

(1) Yes. The next round of testing will be conducted in the next crop season in early 2004. (2) Traces of a number of pesticides were identified in the 2003 study. Increased levels following rain

suggests that these herbicides are being washed into the creek from nearby land. (3) The Australian Pesticides and Veterinary Medicines Authority (APVMA) registers pesticides for

use in Australia. This includes approving pesticide labels. The NSW Government has worked closely with NESB market gardeners to improve pesticides use practices. This has included the provision of significant funds and support to the Market Gardening in a Culturally Diverse Society project coordinated by NSW Agriculture and on-farm workshops with growers to assist with the introduction of the Pesticides Act 1999.

(4) I am advised that this matter falls within the portfolio responsibility of the Minister for Agriculture. *669 MV ISLAND TRADER—Mr Richardson to Attorney General, and Minister for the Environment—

(1) Do you have any concerns about the MV Island Trader entering the lagoon at Lord Howe Island with up to 15,000 litres of fuel oil for the island’s power station in her cargo tanks – making her effectively a single-skinned oil tanker?

(2) What contingency plans have you put in place to protect the island should a major oil spill occur? (3) Do you believe that a sea-going tug towing a dumb barge registered for use in ‘smooth sheltered

waters’ would provide a safe and adequate service to Lord Howe Island in the event of the MV Island Trader being unable to operate for some reason?

Answer—

(1) The mode of fuel delivery is consistent with that as accepted through the tender assessment phase prior to the contract being issued. The tender assessment panel included independent maritime industry expertise.

(2) The NSW Ministry of Transport has in place a Marine Oil and Chemical Spill Contingency Plan for Lord Howe Island waters.

(3) The contract requires a delivery frequency averaging two weeks. The tendered “back up” arrangements were scrutinised by independent maritime expertise consistent with (1) above.

*670 M5 EAST WOOD HEATER BUYBACK PROGRAM—Mr Richardson to Attorney General, and


(1) How many wood heaters have been traded in under the M5 East wood heater buyback program? (2) How much money has the Government spent promoting and administrating the M5 East wood

heater buyback program?

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(3) What steps is the Environmental Protection Agency taking to ensure the level of air pollution in the

M5 East tunnel is at an acceptable level?

Answer—

(1) and (2) The M5 East wood heater buyback program is administered by the RTA. These questions would be more appropriately directed to the Minister for Roads.

(3) As the conditions of the M5 East are regulated by its development consent issued under the Environmental Planning and Assessment Act 1979, the Honourable Member may wish to direct questions on this matter to the Minister for Infrastructure and Planning.

4 SEPTEMBER 2003

(Paper No. 28)

*671 AUSTRALIAN BUSINESS CENTRE TOKYO—Mr Armstrong to Minister for Regional Development,

Minister for the Illawarra, and Minister for Small Business, representing the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

(1) How many staff does the Department of State Development have employed in the Australian

Business Centre office in Tokyo? (2) Are there any unfilled positions? (3) Is so, how many and what are the positions? (4) If so, how many and what positions remain vacant? (5) When will these positions be filled?

Answer—

The Treasurer has advised me as follows: (1) Two. (2) Yes. (3) and (4) One, Director (Tokyo Office). (5) Staffing is determined by the operational requirements of the Office to ensure the optimal use of all

available resources. *672 FORBES HOSPITAL—Mr Armstrong to Minister for Health—

(1) What was the official bed number at the Forbes Hospital at 1 July, 2002? (2) What was the official bed number at the Forbes Hospital at 1 July, 2003 (3) What is the projected official bed number at the Forbes Hospital at July 2004?

Answer—

(1) 41 (including 10 winter strategy beds). (2) 31 (winter strategy beds did not need to be opened). (3) 31.

*673 SPEECH PATHOLOGIST—Mr Armstrong to Minister for Health—

(1) Does the Forbes Health Service have a full-time speech pathologist? (2) If so, is this position currently filled? (3) If not, how long has the position been vacant? (4) When is the position to be filled?

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Answer—

Forbes Health Service has two Speech Pathologist positions. The occupant of one position is due to return from maternity leave in November 2003. The other position has been vacant since April 2003 despite recruitment attempts. The Area Health Service is again recruiting to fill this position.

*674 TEA GARDENS MAPPING—Mr J. H. Turner to Attorney General, and Minister for the Environment—

(1) How often has land at Tea Gardens in DP8709209 been mapped under SEPP14? (2) On what dates did such mapping occur? (3) What was the result of such mapping?

Answer—

SEPP 14 is a planning instrument made under the Environmental Planning and Assessment Act 1979. These questions are therefore best referred to my colleague the Minister for Infrastructure and Planning, and Minister for Natural Resources, the Hon Craig Knowles MP.

*675 LITTORAL RAINFOREST—Mr J. H. Turner to Minister for Infrastructure and Planning, and Minister

for Natural Resources—

(1) Pursuant to State Planning Policy (SEPP) 26, what constitutes a littoral rainforest? (2) How was such a definition arrived at? (3) Who constituted such a definition? (4) Should rainforests be designated as littoral rainforest under SEPP 26 if exotic plants are contained

therein? (5) If so, why? (6) If not, what policy exists for the eradication of exotic plants in such locations? (7) If so, does the Minister’s department excise that area that has been infested with exotic plants from

being classified under SEPP 26? (8) If so, how often has this occurred? (9) If not, why not? (10) In relation to exotic plants in littoral rainforests, should the specific weeds such as lantana, wild

tobacco trees and mile a minute be allowed in littoral rainforests? (11) If so, why? (12) If not, is there any provision for the removal of such plants? (13) If not, what conditions if any would apply to the removal of the plants? (14) If not, who would be responsible for the removal of the plants?

Answer—

(1) Land enclosed by the outer edge of the heavy black line on a series of maps held in the Department, marked “State Environmental Planning Policy No. 26 – Littoral Rainforest”.

(2) Land mapped under SEPP 26 is defined by the floristics and structure of the plant community and proximity to the sea.

(3) The definition of littoral rainforest used for SEPP 26 was a pre-existing and accepted definition of littoral rainforest defined by the botanist Alex Floyd.

(4) Yes. (5) Littoral rainforest constitutes approximately 1% of remnant rainforest in NSW. It supports some

extremely rare species, in some cases the last remaining populations. It is important to conserve each pocket of littoral rainforest because of scientific and scenic value.

(6) Not applicable. (7) No. (8) Not applicable.

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(9) The presence of exotic plants does not reduce the overall value of the littoral rainforest. In addition,

SEPP 26 allows for the removal of exotic plants. (10) There is no statutory provision prohibiting the presence of exotic plants in littoral rainforest. (11) Not applicable. (12) Yes. SEPP 26 allows for the removal of:

§ noxious weeds identified in the Noxious Weeds Act. § other exotic plants following the granting of development consent of the relevant council

and the concurrence of the Director General of the Department of Infrastructure, Planning and Natural Resources.

(13) Noxious weeds listed in the Noxious Weeds Act are to be removed in accordance with the provisions in that Act. The removal of other exotic plants would be subject to conditions of consent of council and the conditions placed on the concurrence of the Director General of the Department of Infrastructure, Planning and Natural Resources. Conditions for removal of exotic plants would be set on a case by case basis.

(14) It is the responsibility of the landowner to manage the land. *676 LANTANA CONTROL—Mr J. H. Turner to Minister for Regional Development, Minister for the

Illawarra, and Minister for Small Business, representing the Minister for Agriculture and Fisheries—

(1) What is the Government’s policy in relation to the control of lantana? (2) Was lantana originally introduced to Australia from South America? (3) What is the estimated coverage of lantana in Australia at the present time? (4) Is lantana particularly prevalent in coastal dunes, rainforests, headlands and bushlands? (5) If so, what does the Government intend to do in relation to the control of lantana in such

environmentally sensitive areas?

Answer—

The Minister for Agriculture and Fisheries has advised me as follows: (1) NSW Agriculture advises that lantana is classified as a Weed of National Significance and a

national strategy has been developed. The NSW Government is involved in implementing this strategy. The main objectives of the lantana strategy are (i) to minimise impact by investigating and implementing integrated controls, including distribution of biological agents, (ii) to prevent of the importation and sale of noxious species and (iii) to increase community awareness of the invasive nature of this plant.

(2) Lantana is of South American origin and it was introduced into Australia as an ornamental plant in the 1840s.

(3) NSW Agriculture also advises that according to national estimates lantana infests approximately four million hectares in Australia.

(4) Lantana is prevalent in warm coastal areas with high rainfall. The plants infest forest edges and penetrate disturbed rainforests, open eucalypt woodlands and pastures.

(5) The NSW Government is a partner in implementing the national strategy while supporting local government and community projects at the local level. These projects actively promote the use of biological agents, while educating the community and industry leaders to prevent spread by restricting sale of lantana. Research and advisory officers based mainly at Tamworth, Grafton and Windsor, distribute and monitor the activity of biological agents from Tweed Heads to Bega.

*677 XPT COUNTRY LINK SERVICE—Mr J. H. Turner to Minister for Infrastructure and Planning, and

Minister for Natural Resources, representing the Minister for Transport Services, Minister for the Hunter, and Minister Assisting the Minister for Natural Resources (Forests)—

(1) Is there provision for a stop on demand stop for the XPT CountryLink train service at Gloucester? (2) If so, how is such a stop on demand activated?

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(3) If not, why not?

Answer—

I am advised: Gloucester is served by six CountryLink services each week day, two coaches and four trains. On weekends the four daily train services pick up and set down passengers. To accommodate passengers at other towns that don’t have access to this frequency of services, the Sydney to Brisbane overnight service and the Murwillumbah to Sydney overnight service don’t stop at Gloucester.

*678 CLOSURE OF FISHING AREA —YELLOW ROCK—Mr J. H. Turner to Attorney General, and


(1) Has the Minister or his department closed an area of coast to fishing known as Yellow Rock near Seal Rocks?

(2) If so, why? (3) If so, is the closure permanent? (4) If so, on whose authority was the area closed?

Answer—

I am advised that fishing is still permitted along this part of the coast. *679 NEWCASTLE HARBOUR—Mr Piccoli to Minister for Minister for Mineral Resources—

(1) What is the monthly coal loading capacity at Newcastle Harbour? (2) What is the actual monthly amount of coal loaded at Newcastle Harbour? (3) What is the Department of Mineral Resources doing to improve loading rates in Newcastle?

Answer—

Issues relating to coal loading facilities at the Port of Newcastle, and all other coal loading facilities at New South Wales ports, lie within the Ministerial responsibility of my colleague the Honourable Michael Costa MLC, Minister for Transport Services, Minister for the Hunter and Minister Assisting the Minister for Natural Resources (Forests). All questions relating to coal loading facilities at the Port of Newcastle should be directed to my colleague, the Hon Craig Knowles MP, Minister for Infrastructure and Planning and Minister for Natural Resources, the Minister representing the Minister for Transport Services in this House.

*680 "LIFELONG LEARNING” RESPONSE—Mr Oakeshott to Deputy Premier, Minister for Education and


(1) Has the Minister received a response to “Lifelong Learning-The Future of Public Education in NSW” from Community Colleges NSW and individual community colleges on the Mid North Coast?

(2) Can the Minister explain why there is little mention of adult and community education in the “Lifelong Learning” document?

(3) Is the Minister aware of concerns amongst the 428,000 students of community colleges that adult and community education may be downgraded through the loss of the Board of Adult and Community Education, the loss of a Director of Adult and Community Education, and the repeal of the ACE Act 1990?

(4) Will the Minister guarantee an increase in support, status and funding for the adult and community education sector and if so, state what these increases in support, status and funding are in detail?

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Answer—

A response has been received from Community Colleges NSW and individual community colleges to the Lifelong Learning proposal. The proposal has been the subject of extensive consultation with staff, unions and peak and community groups. Under the proposal, support for the adult and community education sector would continue. Adult and community education will continue to play a very valuable role in providing education and training opportunities for people throughout NSW, particularly those experiencing disadvantage. Any changes to funding mechanisms would take into account the views of stakeholders. Total funding for vocational training and community learning initiatives is subject to annual budgetary allocations. Following the conclusion of the initial consultation which ended on 8 August 2003 the Board of Management of the Department of Education and Training has considered all of the correspondence and feedback received. As a result, a detailed proposed structure was released on 24 September 2003 and there will be a six week consultation period.

*681 ADULT AND COMMUNITY EDUCATION—Mr Oakeshott to Deputy Premier, Minister for Education

and Training, and Minist

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