QUESTIONS AND ANSWERS · (The Questions and Answers Paper published for the first sitting day in...

LEGISLATIVE COUNCIL

QUESTIONS AND

ANSWERS

No. 148

WEDNESDAY 3 MAY 2006

(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

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CSTOWE

Text Box

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Publication of Questions Answer to be lodged by

Q & A No. 142 (Including Question Nos 4069 to 4078) 03 May 2006





Q & A No. 147 (Including Question Nos 4131 to 4144) 06 June 2006

Q & A No. 148 (Including Question Nos 4145 to 4158) 07 June 2006

5766Legislative Council Questions and Answers No. 148— Wednesday 3 May 2006

29 MARCH 2006(Paper No. 142)

*4069 ROADS—SUPPLEMENT TO AIR QUALITY CONDITIONS OF M5 EAST MOTORWAY—Ms Rhiannon asked the Minister for Roads—

(1) With regard to the schedule issued by the Department of Planning on 22 August 2000 as a supplement to the air quality conditions for the M5 East motorway, does the Roads and Traffic Authority (RTA) consider that the schedule constitutes requirements that must be met, or requirements that are optional?

(2) Does the schedule form part of the conditions of approval?(3)

(a) If the RTA does not accept that the schedule forms part of the conditions of approval, has the Authority challenged the Department of Planning in court, or sought to have the conditions modified?

(b) If not, why not?

Answer— I am advised by the Roads and Traffic Authority:The M5 East has operated generally in accordance with the matters identified in that schedule.

*4070 HEALTH—MENTAL HEALTH CARE FACILITIES—Ms Hale asked the Minister for Health—

(1) What progress has the Government made with the Federal Government in having clinical psychologists registered under the medical benefits scheme?

(2)(a) Is the Rozelle Psychiatric Hospital going to be removed from Callan Park?(b) If so, why?(c) Would it be more cost effective to retain the facility and upgrade the buildings at its current

location?

(3)(a) Would consideration be given to open a new facility at Concord in addition to retaining the

Rozelle Psychiatric Hospital?(b) If not, why not?

(4)(a) Is consideration being given to open any other new psychiatric facilities, apart from acute wards

located within generalist hospitals?(b) If so, where?(c) If so, when?(d) If not, why not?

(5)(a) Given there is currently an unmet demand in Concord for a new psychiatric facility, will the

Government consider retaining Rozelle Psychiatric Hospital at Callan Park and open a new psychiatric hospital at Concord?


(6) Will any gains that Mt Druitt Hospital might get in staff and beds be at the expense of mental health units elsewhere?

(7) How many recommendations from the Pezzuti report on mental health have been implemented?

Answer— (1) NSW Health already provides free clinical psychologist services through hospitals and community health centres and continues to expand these services. Nonetheless, New South Wales recognises the increased demand for clinical psychologist services particularly in light of mental health issues and has

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Legislative Council Questions and Answers No. 148— Wednesday 3 May 2006

being lobbying the Federal Government to have these services registered under the MBS through a number of initiatives.NSW is progressing the implementation of Integrated Primary Health Care Services that will facilitate access to a range of health practitioners including, where appropriate, psychologists, working as part of a multi-disciplinary team. It is envisaged that these services will be funded by a range of partners including the Australian Government (through the MBS) and the Government.As part of the Commonwealth of Australian Governments (COAG) health reform process the NSW Government is working closely with the Australian Government on a range of initiatives to improve access to mental health services in the community. These include the:

• development of strategies to extend services to ensure that those with mental illness have access to appropriate and effective health and support services,

• potential to support mental health by ensuring that individuals with mental illness and their families have access to good health information and advice 24 hours a day through the National Health Call Centre Network, and

• consideration of a number of workforce initiatives including enhancing access to the MBS for allied health professionals.

(2), (3) and (5) I am advised that a new and larger 174 bed mental health facility is being developed at Concord Hospital to replace the now outmoded and obsolete facilities at the Rozelle Hospital, which are situated on the Callan Park site.The collocation of mental health services with Concord Hospital will enable the Area Health Service to provide superior mental health services to those which can be provided from facilities at the Rozelle Hospital site.The location at Concord Hospital will assist in the mainstreaming of mental health services and provides the advantages of on-site access to medical and diagnostic services, the reduction of stigma associated with mental illness treatment and efficiencies in services through collocation with existing operational health infrastructure.Inpatient mental health services currently operating at Rozelle Hospital are due to transfer to the new purpose-built facility at Concord Hospital in 2008-09.It is important to note that the grounds and associated buildings of Callan Park have been included on the NSW Heritage and Conservation Register, which restricts the degree of renovation and redesign that can be undertaken. The current buildings would require extensive renovation to meet modern standards of safe design suitable for health services and the degree of renovation required would be beyond that allowed for Heritage sites.(4) I am advised that in addition to the development or redevelopment of acute units in general hospitals, a total of nine psychiatric emergency care centres (PECCs) have been developed, or are in the process of being established, in hospital Emergency Departments at Wyong, Hornsby, Nepean, Blacktown, Campbelltown, Liverpool, St. Vincent's, St George and Wollongong Hospitals. I am advised that the Liverpool and Nepean PECCs are operating in temporary accommodation while permanent facilities are being built; the St Vincent's and St George PECCs are open and operating, the remaining PECCs will be built and commissioned by mid 2007.In addition, four non-acute mental health units will be developed at Coffs Harbour, James Fletcher (Newcastle), St George and Shellharbour Hospitals. These units are currently in the planning phase, with development projected between 2006-07 to 2008-09.(6) No.(7) I refer the honourable member to my response to question number 4876 in the Legislative Assembly.

*4071 HEALTH—DENTAL HEALTH CARE—Ms Hale asked the Minister for Health—

(1) When was the last time the State Government asked the Federal Government for more money for public dental health for New South Wales?

(2)(a) What percentage of public dental health positions are currently unfilled in New South Wales?(b) What action is being taken to address this?

(3) What strategies are in place to encourage dental health clinicians to take up rural postings?


(4)(a) Does New South Wales have the lowest per capita spending on dental health of all States and

Territories?(b) If so, why?(c) If so, what will be done to improve spending on dental health?

(5)(a) Does NSW Health have difficulty recruiting and retaining dental health clinicians?(b) If so, why?(c) What steps has the Department of Health taken, or will be taking, to improve this situation?

Answer— (1) In 2006.(2)

(a) I refer the honourable member to the response provided to the relevant question taken on notice at the Budget Estimates Committee hearing in 2006.

(b) I refer the honourable member to the Government's submission to and Chapter 4 of the Report of the Social Issues Committee's Inquiry into Dental Services in New South Wales and the Government's announcement of an overseas recruitment campaign for dentists.

(3) I refer the honourable member to Chapter 4 of the Report of the Social Issues Committee's Inquiry into Dental Services in New South Wales and the Government's announcement of NSW Health Rural Dental Scholarships.

(4) I refer the honourable member to Chapter 3 of the Report of the Social Issues Committee's Inquiry into Dental Services in New South Wales.

(5) I refer the honourable member to the National Oral Health Plan and the response provided to question (2) above.

*4072 HEALTH—AIR POLLUTANTS IN THE SYDNEY AREA—Ms Hale asked the Minister for Health—

(1) Has the Department of Health obtained any data, for example from local government areas, on the incidence of respiratory disease and asthma in different areas of Sydney?

(2) If so, how do the residents of the local government areas of Camden, Campbelltown, Liverpool and Fairfield fare compared to the Sydney statistical division average, in terms of incidence of respiratory disease and asthma?

(3) Are data on the number of days air pollutants exceed government guidelines in the Greater Sydney basin, for each pollutant tested, in the past three years publicly available?

(4)(a) Has the Department of Health calculated the health impacts of these days of when pollutants are

in excess?(b) If so, what are these calculations?(c) If not, why not?

Answer— (1) and (2) NSW Health does not collect data on the incidence of respiratory diseases based on Local

Government Association boundaries. However, NSW Health advises the prevalence of asthma for each of the Area Health Services is available from the NSW Health Survey. Similarly, resources used for the publicly available Chief Health Officer's Report can be readily used to provide estimates of both asthma and respiratory disease hospitalisation rates for the former Health Areas.

(3) Yes.(4)

(a) No.(b) Not applicable.(c) There has been a considerable amount of air quality research conducted in New South Wales

using routinely collected Department of Health statistics and air pollution data collected by the

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Department of Environment and Conservation. The findings of this research has been published in peer reviewed journals and is publicly available.

*4073 HEALTH—DIOXIN IN SYDNEY HARBOUR MARINE ANIMALS—Ms Hale asked the Minister for Health—

(1) How many times in the 10 year period up to October 2005, did the Government test for dioxin and other toxic substances in marine foods taken from Sydney Harbour?

(2)(a) Was there any disagreement between government agencies about who was responsible for

testing of marine life in Sydney Harbour in the past 12 months?(b) If so, did this delay the testing in any way?

(3) Was the Department of Health involved in the testing in any way?(4)

(a) Was the year 1996 the last time tests for dioxin were taken, prior to the recent round of testing?(b) What types of marine life were tested in 1996?

(5)(a) The Minister for Primary Industries said there were no national levels of risk for dioxins in

Australia, but the readings were in line with the World Health Organisations (WHO) standards. Will New South Wales formally adopt the same standards as the WHO?

(b) Will the NSW Government press the Federal Government to adopt national standards in line with WHO?

(6) What role will the Department of Health play in ensuring that marine animals with dioxin levels higher than the WHO standards do not become available for human consumption?

(7)(a) Are the regimes for monitoring, inspection and reporting of toxicity levels considered to be

poorly co-ordinated and inadequate?(b) If so, what is been done to improve these regimes?

Answer— (1) I am advised that the NSW Department of Health does not test foods for dioxins and other toxic

substances.(2) (a) and (b) No.(3) and (4) No.(5)

(a) and (b) New South Wales uses the nationally endorsed Tolerable Monthly Intake by the National Health and Medical Research Council in its risk assessments of dioxins as do Federal Government authorities.

(6) The Department of Health generally plays an advisory role in health matters concerning environmental chemicals and will continue to advise other government authorities in which legislation, regulation and oversight of these matters is vested. It will also continue to issue general public health advice to the community.(7)

(a) and (b) This is a matter for those departments that have legislative or regulatory roles.

*4074 HEALTH—ELECTRONIC HEALTH RECORD PILOT PROGRAM—Ms Hale asked the Minister for Health—

(1) How will consent be sought from members of the public to participate in the electronic health record pilot program?

(2) At what stage in the process will a patient be informed that they can withdraw from the pilot program?


(3) On what basis were the postcodes for the pilot program chosen?(4)

(a) Was the socio-economic profile of the postcodes taken into consideration?(b) If so, how?

(5) How can the pilot program commence before the gazettal period has elapsed?

Answer— (1) to (4) I refer the honourable member to the debate entitled Health Records and Information Privacy Act: Disallowance of Health Records and Information Privacy Regulation 2006 in the Legislative Council on 29 March 2006.(5) The pilot program commenced on 23 March 2006. The Health Records and Information Privacy Regulation 2006, which exempts the pilot from the terms of Health Privacy Principle 15 commenced on 10 March 2006. The current pilot program only commenced after the Regulation allowed for this opt-out approach.

*4075 PLANNING—REVIEW OF THE SYDNEY HARBOUR FORESHORE AUTHORITY—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)—

(1)(a) Has the Government commenced the five year review of the Sydney Harbour Foreshore

Authority which was due in late 2005?(b) If not, why not?

(2) When will the review be publicly released?

Answer— (1)

(a) Yes.(b) Not applicable.

(2) The review will be publicly available following its tabling in Parliament, in accordance with the Sydney Harbour Foreshore Authority Act 1998.

*4076 PLANNING—QUARRY BUFFER ZONE AT BUNGONIA—Ms Hale asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)—

(1)(a) Are there any plans to include an official quarry buffer zone as part of the Goulburn-Mulwaree

council local environment plan?(b) If not, why not?

(2) Has Multiquip challenged the Minister for Planning's refusal to offer consent for the development for the proposed quarry at Bungonia?

Answer— (1) (a) and (b) The preparation of Local Environmental Plans (LEP) is principally the role of Local

Councils. I am advised by the Department of Planning that Goulburn Mulwaree Council is currently preparing a draft LEP for its local government area (LGA). Under section 117 of the Environmental Planning and Assessment Act 1979, the Minister for Planning may direct Councils to consider certain matters when they are preparing LEPs. Direction No. 5 requires Councils to consult with the Director General of the Department of Primary Industries (DPI) to identify:- any resources of coal, other minerals, petroleum or extractive material that are of either state or

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regional significance, and- existing mines, petroleum production operations or extractive industries occurring in the area subject to the draft LEP.The direction also requires Councils to identify and take into consideration issues likely to lead to land use conflict between other land uses. I am advised that on 10 May 2004, the DPI informed the then Greater Argyle Shire Council of a mineral resource at Ardmore Park, Bungonia. The area identified by the DPI has no statutory status and is advice the Council must take into consideration in the preparation of the LEP. The Department of Planning has advised that the Council is not incorporating a buffer zone around the identified resource in the draft LEP.

(2) Yes.

6 APRIL 2006(Paper No. 146)

*4113 ATTORNEY-GENERAL—REPORT INTO CASE STUDY 72—Ms Rhiannon asked the Minister for Commerce, Minister for Finance, Minister for Industrial Relations, Minister for Ageing, Minister for Disability Services, and Vice President of the Executive Council representing the Attorney General, Minister for the Environment, and Minister for the Arts—

(1) Has the final investigation report into case study 72 detailed on page 137 of the NSW Ombudsman's Annual Report of 2004-05 been received by the Ombudsman's office?

(2) If so, when?(3) If not, why not?(4) If not, what measure will be taken to ensure that this report is submitted to the Ombudsman's office?

Answer— I have been advised by the Attorney General that the answer to the honourable member's question is:This is a matter for the NSW Ombudsman.

3 MAY 2006(Paper No. 148)

4145 HOUSING—DISPOSAL OF PUBLIC HOUSING STOCK—Ms Hale to ask the Minister for Health representing the Minister for Housing, and Minister Assisting the Minister for Health (Mental Health)—

(1) How many Department of Housing properties in Mount Vernon Street, Glebe, have been sold since 30 July 2003?

(2) What are the addresses of the properties that were sold?(3) How much revenue did the department receive from the sale of these properties?(4) Why were these properties sold?(5)

(a) Does the department retain any properties in Mount Vernon Street, Glebe in public ownership?(b) If so, how many?

(6)(a) Has the department purchased or built any new properties in the Glebe postcode area since 30

July 2003?(b) If so, how many?


4146 ATTORNEY-GENERAL—OFFICE OF THE PROTECTIVE COMMISSIONER—Ms Hale to ask the Minister for Commerce, Minister for Finance, Minister for Industrial Relations, Minister for Ageing, Minister for Disability Services, and Vice President of the Executive Council representing the Attorney General, Minister for the Environment, and Minister for the Arts—

(1)(a) What audit processes are in place that will ensure discretion is given to the Protective

Commissioner?(b) Are these processes exercised in a manner that is in the best interests of a protected person?

(2)(a) Are friends or family members of a protected person required to apply to the Administrative

Decisions Tribunal (ADT) in order to lodge a complaint against a decision of the Protective Commissioner?

(b) If so, why?(c) Are there any other options for friends or family members to lodge a complaint?

4147 FAIR TRADING—POOR BUILDING PRACTICES—Ms Hale to ask the Minister for Commerce, Minister for Finance, Minister for Industrial Relations, Minister for Ageing, Minister for Disability Services, and Vice President of the Executive Council representing the Minister for Western Sydney, Minister for Fair Trading, and Minister Assisting the Minister for Commerce—

(1)(a) Is protection offered to home owners in cases where work is sub-standard and the builder goes

broke, disappears, or they have failed to take out the home warranty insurance required by the Home Building Act 1989?


(2)(a) Are home owners able to recover their losses or have costly defects rectified without statutory

insurance?(b) If so, how?

(3)(a) Will the Minister for Fair Trading consider introducing an insurance system similar to the motor

vehicle Compulsory Third Party insurance to protect home owners who fall victim to unscrupulous builders?


4148 HEALTH—MENTAL HEALTH FAMILY AND CARE SUPPORT PROGRAM—Ms Hale to ask the Minister for Health—

(1)(a) Has the Minister for Health met with the clients, families and carers who utilise the Mental

Health Family and Care Support Program across the southern half of the Greater Southern Area Health Service (GSAHS) region?

(b) If so, when?

(2) Will the replacement of this program provide assistance to 400 people each month, and have a direct presence in 11 towns?

(3) When will details be provided regarding how the proposed new GSAHS will operate, what it will do, and who it will see?

(4) Who made this decision to terminate the existing service?(5)

(a) Has the Minister met with Rural Communities Unite?(b) If so, when?(c) If so, what were the outcomes of the meeting?

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4149 HEALTH—HEALTH EFFECTS FROM DIOXINS IN WATERWAYS—Ms Hale to ask the Minister for Health—

(1) What role has NSW Health taken in testing for dioxins in humans who have consumed seafood caught in Sydney Harbour, Port Kembla and Newcastle Harbours, and other waterways that may contain significant levels of dioxins?

(2) If NSW Health is not the responsible department for testing, which department is?(3)

(a) Will any recreational fishers dioxin levels be tested?(b) If so, when?(c) If not, why not?

4150 HEALTH—OBESITY CAUSED BY JUNK FOOD—Ms Hale to ask the Minister for Health—

(1) What strategies is NSW Health pursuing to combat the rising problem of obesity, especially childhood obesity?

(2) Does the Minister for Health endorse calls to amend national broadcasting legislation to ban food advertising during children's television viewing hours unless the Minister for Health determines it as beneficial to a child's health?

(3)(a) Will NSW Health follow Victoria's example and ban sugar-laden soft drinks in New South

Wales schools?(b) If not, why not?(c) If so, when?

4151 HEALTH—COMMERCIALISATION OF BLOOD PLASMA PRODUCTS—Ms Hale to ask the Minister for Health—

(1)(a) Will the Minister for Health lobby the Federal Government to prevent the commercialisation of

fractioning plasma in New South Wales and Australia?(b) If not, why not?

(2) How will the Minister safeguard the safety of the public if the production of blood products are commercialised?

4153 TRANSPORT—BROADACRE FUNDS AGREEMENT—Ms Rhiannon to ask the Minister for Roads representing the Deputy Premier, and Minister for Transport—

(1) As part of the contract for the sale of FreightCorp to Pacific National in 2001, does Pacific National have an obligation to spend approximately $118 million, known as Broadacre funds, on improvements to grain rail infrastructure?

(2)(a) Have less than a third of these funds been spent to date?(b) If not, what proportion of the funds has been spent to date?

(3)(a) Will the terms of the Broadacre funds agreement between the Government and Pacific National

following the recent takeover of Patrick Corporation by Toll Holdings?(b) What guarantee is there that the remaining Broadacre funds will be spent as agreed?

(4) What steps have been taken to ensure that the Broadacre funds are spent as agreed and in a timely manner?

4154 MINERAL RESOURCES—LEVIES ON COAL PRODUCTION—Ms Rhiannon to ask the Minister for Natural Resources, Minister for Primary Industries, and Minister for Mineral Resources—


(1) How much money did the Government receive from levies on coal production in New South Wales for each year in the last five years?

(2) What proportion of the levies on coal production in New South Wales, received in the most recent year for which data is available, came from coal production in the Upper Hunter Valley region?

(3) What proportion of the levies on coal production in New South Wales, received in the most recent year for which data is available, was spent on community facilities in coal producing communities?

(4) What proportion of the levies on coal production in New South Wales, received in the most recent year for which data is available, was spent on community facilities in the Upper Hunter Valley region?

4155 PLANNING—BICYCLE PATH PLANNING—Dr Chesterfield-Evans to ask the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)—

(1) Does the Minister for Planning have an overall plan for bicycle paths around Sydney?(2) If so, what financial and organisational resources have been put into the plan?(3) What obligations do councils have to contribute to the plan?(4)

(a) Has there been a closure of public land by Ryde Council that was a suggested bicycle path?(b) If so, why?(c) If so, what action has been taken to amend this closure?

4156 TREASURER—LEGAL ADVICE WITH REGARD TO THE C C T—Mrs Pavey to ask the Treasurer, Minister for Infrastructure, and Minister for the Hunter—

In relation to details of expenditure on professional services and consultants as reported in the Roads and Traffic Authority's annual reports:(1) What is the breakdown of the budgeted cost for legal advice sought by the Government regarding the

Cross City Tunnel for (please provide figures): (a) 2002-03?(b) 2003-04?(c) 2004-05?(d) 2005-06?

(2) What is the breakdown of the actual cost for legal advice sought by the Government regarding the Cross City Tunnel for (please provide figures): (a) 2002-03?(b) 2003-04?(c) 2004-05?(d) 2005-06?

(3)(a) What firms and representatives were engaged for legal advice? Please provide a list of names of

individuals and companies.(b) Is any money still outstanding with regard to this advice?(c) If so, what is the outstanding amount?

4157 HEALTH—QUEANBEYAN G W A H S STAFF—Mrs Pavey to ask the Minister for Health—

(1) How many Greater Western Area Health Service staff are located in Queanbeyan?(2) What is the address or addresses of where the staff are located, and how many at each?(3) How many Greater Western Area Health Service staff will be located at the redeveloped Queanbeyan

Hospital?

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4158 LOCAL GOVERNMENT—FINANCIAL GOVERNANCE AND SUSTAINABILITY OF LITHGOW CITY COUNCIL—Revd Mr Nile to ask the Minister for Justice, Minister for Juvenile Justice, Minister for Emergency Services, Minister for Lands, and Minister for Rural Affairs representing the Minister for Local Government—

(1) Will a full and open investigation and public inquiry into the conduct of the financial governance and sustainability of the Lithgow City Council be supported by the Government?

(2) Did former Treasurer, Mr Egan, approve the direct sale of the Three Tree Lodge Residential Aged Care Facility in Lithgow to the newly incorporated body, Three Tree Lodge Lithgow Incorporated on 19 January 2004?

(3)(a) Following the signing of contracts and formal settlement on 30 July 2004, did Three Tree Lodge

Lithgow Incorporated use their new asset to provide equity for a million dollar plus loan with the ANZ Bank Ltd for their Federal Government approved extensions to the Aged Care Facility?

(b) If so, why?

(4)(a) Did Lithgow City Council's auditors, Alan Morse & Co. Bathurst confirm that there is no joint

venture between the parties?(b) If so, why did both Three Tree Lodge Lithgow Incorporated and Lithgow City Council appear

financially on the 2004-05 General Purpose Financial Reports?

(5)(a) Is the Department of Local Government monitoring the financial activities of Lithgow City

Council?(b) Have serious public financial concerns over the Lithgow City Council's 2004-05 General

Purpose Financial Reports been taken into consideration?(c) What inquiries or action is the department intending to undertake?

(6)(a) Are there any resolutions of Lithgow City Council confirming the ownership, care, control or

custody of the Three Tree Lodge Residential Aged Care Facility in Lithgow from either NSW Health or Three Tree Lodge Lithgow Incorporated over to Lithgow City Council as a cash asset?


(7)(a) Will the Department of Local Government consent to Lithgow City Council's request for a

14.22 per cent rates increase upon their ratepayers?(b) If so, why?

John EvansClerk of the Parliaments

_________________________________________ Authorised by the Parliament of New South Wales


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