QUESTIONS AND ANSWERS - Parliament of NSW · QUESTIONS AND ANSWERS No. 53 THURSDAY 6 MAY 2004 (The...

1439

LEGISLATIVE COUNCIL

QUESTIONS

AND

ANSWERS

No. 53

THURSDAY 6 MAY 2004

(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

1440 Legislative Council Questions and Answers No. 53—Thursday 6 May 2004

Publication of Questions Answer to be lodged by

Q&A No. 50 (Including Question Nos 1024 to 1064) 06 May 2004

Q&A No. 51 (Including Question Nos 1065 to 1076) 08 June 2004



1441 Legislative Council Questions and Answers No. 53— Thursday 6 May 2004

1 APRIL 2004

(Paper No. 50)

*1025 ATTORNEY GENERAL—OVERSEAS SATELLITE TELEVISION BROADCASTER—Revd Mr Nile asked the Minister for Justice, and Minister Assisting the Premier on Citizenship representing the Attorney General and Minister for the Environment—

(1) (a) Are overseas satellite television broadcasters exploiting loopholes in Australian censorship laws to beam 24-hour pornography channels to New South Wales homes for as little as $5 a week?

(b) Does this explicit content include graphic scenes of gang rape?

(2) (a) Do you acknowledge that this pornographic content poses unacceptable conditioning stimuli for New South Wales citizens?

(b) Do you acknowledge that this stimuli may lead to further cases of abuse and rape in this state?

(3) What action will you take to remove such material form our airways?

Answer—

Regulation of broadcasting including overseas satellite television broadcasting is a Commonwealth responsibility.

*1028 ATTORNEY GENERAL—PAEDOPHILE CHATROOMS—Revd Mr Nile asked the Minister for Justice, and Minister Assisting the Premier on Citizenship representing the Attorney General and Minister for the Environment—

(1) Are paedophiles disseminating pornography depicting children as young as four through chatrooms and message boards such as ‘The Shaowz’?

(2) (a) Will you set up a task force to crack down on this area of media?

(b) If not, why not?

Answer—

Internet regulation is a Commonwealth responsibility. Information regarding the distribution of child pornography via particular chatrooms and message boards should be referred to the Australian Broadcasting Authority via their Internet complaints mechanism or to the Police.

*1029 ENERGY AND UTILITIES—WASTEWATER SERVICES—Mr Cohen asked the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands) representing the 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—

(1) What entity is responsible for the provision of wastewater services to the towns of Glossodia, Freemans Reach and Wilberforce?

(2) What is the status of Sydney Water’s Priority Sewerage Program?

(3) To what extent does Water Plan 21 address the risk to river health from nutrient pollution impacts such as saline infestation that has recently appeared in the Hawkesbury River?

(4) (a) What government agency is responsible for monitoring and reporting such outbreaks?


(b) Who is responsible for taking action to address this critical environmental problem?

Answer—

(1) Sydney Water is responsible for the provision of wastewater services to Glossodia, Freemans Reach and Wilberforce under Stage Two of the NSW Government’s Priority Sewerage Program.

(2) Sydney Water has commenced initial scoping investigations for servicing these three villages. Preliminary discussions with both Hawkesbury City Council and Penrith City Council have been undertaken. Studies are under way to identify and assess the appropriate servicing options for the second stage of the Priority Sewerage Program, including Freemans Reach, Glossodia and Wilberforce. Once commenced, detailed studies for this scheme will take 18 to 24 months to complete.

(3) Under WaterPlan 21, Sydney Water has made significant improvements to the health of the Hawkesbury Nepean River. Sydney Water’s strategies and actions to control blue green algal blooms have included a program of significant upgrades to Hawkesbury Nepean sewage treatment plants to reduce the level of nutrients in discharges, the decommissioning of old and poorly performing plants, and the transfer of flows to newer facilities that treat to a higher standard.

As a result, loads of phosphorus (a nutrient critical to algal growth) have decreased by 79 per cent since 1997/98 despite rapid population growth in western Sydney.

Sydney Water operates its sewage treatment plants in accordance with Environment Protection Licences established by the Department of Environment and Conservation.

(4) (a) and (b) A range of agencies have monitoring and reporting requirements for the Hawkesbury Nepean. Under the Water Management Act 2000, DIPNR has the overall responsibility for addressing the health of river systems, but NSW Agriculture is responsible for managing the issue of aquatic weeds.

*1030 INFRASTRUCTURE AND PLANNING, NATURAL RESOURCES—CROWN LEASEHOLD LAND—Mr Cohen asked the Minister for Transport Services, Minister for the Hunter, and Minister Assisting the Minister for Natural Resources (Forests) representing the Minister for Infrastructure and Planning and Minister for Natural Resources—

(1) (a) What parcels of Crown leasehold land have been converted to freehold land in 2003 and 2004?

(b) What was the value of each parcel?

(c) What was the cost to leaseholders for each parcel of converted Crown land?

(2) What instruction has been given to lands assessment officers of the Lands department on reporting, processing, assessing and objecting to the conversion of crown leasehold land?

(3) What instruction has been given to assessment officers to the Lands Department when communicating their objects to conversion of Crown leasehold land and the reasons for those objections with the leaseholder?

(4) (a) Has the Parks Service Division (DEC) objected to any of the recent Crown land conversions agreed to by the Lands Department?

(b) If so, which?

(5) Is it the responsibility of the Lands Department to object to the conversion of Crown leasehold land where there are environmental concerns?


Answer—

[The Minister for Transport Services, Minister for the Hunter, and Minister Assisting the Minister for Natural Resources (Forests) has provided the following answer.]

I am advised this question is more appropriately directed to the Minister Assisting the Minister for Natural Resources (Lands).

*1031 ATTORNEY GENERAL—LAWS TO PROTECT UNBORN CHILDREN—Revd Mr Nile asked the Minister for Justice, and Minister Assisting the Premier on Citizenship representing the Attorney General and Minister for the Environment—

In relation to the Attorney General’s announcement that the Government will be looking into draft laws to protect unborn children and their mothers from violence:

(1) Why have such laws not yet been enacted despite the Attorney General making a similar comment in September 2002?

(2) (a) Is the Minister awaiting the results of the Phillip King case before beginning work on a draft bill?

(b) If so, why?

(3) When can the people of New South Wales expect to see some action on this issue?

Answer—

The area of law identified by the Honourable Member is particularly complex and requires detailed consultation, including consultation with medical authorities. The Government referred this issue to the Hon Mervyn Findlay QC for consideration and is presently finalising a legislative response to that report. It is also important in this case to take into account the interpretation of the current law by the Courts, most particularly the decision by the CCA in R v King and the forthcoming decision by the District Court.

*1032 POLICE—MR GARY REDDING—Revd Mr Nile asked the Minister for Justice, and Minister Assisting the Premier on Citizenship representing the Minister for Police—

(1) Did the New Zealand Police arrange for Gary Redding to be interviewed by NSW Police concerning the death of Caroline Byrne?

(2) (a) Did the NSW Police fail to arrive and interview Gary Redding in view of his statement that Caroline Byrne was murdered?

(b) If so, why?

(3) What action is the NSW Police Service taking to interview Gary Redding who is permanently living with his mother in Kent, United Kingdom?

Answer—

(1) to (3) NSW Police has advised me that this matter is the subject of an ongoing investigation. Accordingly, it is not appropriate for me to comment further at this time.

*1033 COMMUNITY SERVICES—REGULATIONS UNDER THE CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT—Mr Ryan asked the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

(1) (a) Does the Minister intend to release the two reports by consultants PriceWaterhouseCooper that the Government commissioned as part of its review of the children’s services regulations?


(b) If not why not?

(2) Will the Government still be adhering to the timetable outlined by the Minister in the House on 25 February 2004 to release details of the new regulations “in the first half of 2004 “, particularly in light the recent decision by the Executive Director of Child Protection and Early Intervention to take extended leave due to illness?

Answer—

(1) (a) The two PriceWaterhouseCooper Reports:

Children’s Services Regulation 2002: Regulatory Impact Statement Final Report (December 2002); and

Draft Children’s Services Regulation: An evaluation of potential benefits and costs (December 2003.)

have been released.

(b) Not applicable.

(2) Yes. On 16 April I announced details of the new Children’s Services Regulations 2004.

*1034 COMMUNITY SERVICES—CHILD ABUSE HELPLINE—Mr Ryan asked the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

(1) What were the call abatement rates for calls to the Department of Community Services Helpline during the following months:

(a) January 2004?

(b) February 2004?

(c) March 2004?

(2) What was the rate for backlogged faxes at the Department of Community Services Helpline during the following months:

(a) January 2004?

(b) February 2004?

(c) March 2004?

Answer—

(1) The call abandonment rates at the Department of Community Services Helpline for the identified months were as follows:

(a) January 2004 – 22.3%.

(b) February 2004 – 20.29%.

(c) March 2004 – 12.77%.

Consistent with this trend, I am advised that the call abandonment rate during April 2004 was less than 10%.


(2) The implementation of a new client information system had a significant impact on the number of faxes

received at the Helpline. Protocols were developed in response to this increase which assists Helpline staff to identify and refer urgent reports as appropriate.

The rate for backlogged faxes at the Department of Community Services Helpline for the identified months was as follows at month’s end:

(a) January 2004 – 2,435 (as at 2 February 2004)

(b) February 2004 – 1,912

(c) March 2004 – 2,202

As familiarity with the new client information system has increased and backlog management strategies have been refined, the fax backlog has fallen further. The fax backlog as of 29 April 2004 was less than 300.

*1035 COMMUNITY SERVICES—SUBSTANTIATION RATES FOR CHILD ABUSE REPORTS—Mr Ryan asked the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

(1) How many reports of child abuse were received in the following years:

(a) 1996-97?

(b) 1997-98?

(c) 1998-99?

(d) 1999-2000?

(e) 2000-02?

(f) 2002-3?

(2) For each of the following years, of the reports received, how many of them were substantiated:

(a) 1996-97?

(b) 1997-98?

(c) 1998-99?

(d) 1999-2000?

(e) 2000-02?

(f) 2002-3?

(3) For the following years how many children who were the subject of a report of child abuse were also the subject of an investigation and a decision not to substantiate an allegation of child abuse in the previous 3 and 12 months;

(a) 1996-97?

(b) 1997-98?

(c) 1998-99?

(d) 1999-2000?


(e) 2000-02?

(f) 2002-3?

(4) For the following years how many children who were the subject of a substantiated child abuse report were also the subject of a subsequent substantiation of child abuse within 3 and 12 months:

(a) 1996-97?

(b) 1997-98?

(c) 1998-99?

(d) 1999-2000?

(e) 2000-02?

(f) 2002-3?

Answer—

(1) 1996-97 Not available 1997-98 31,223 1998-99 31,513 1999-2000 30,398 2000-01 40,937 2001-02 55,208 2002-03 109,498

(2) 1996-97 Not available 1997-98 8,406 1998-99 7,540 1999-2000 6,477 2000-01 7,501 2001-02 8,606 2002-03 16,765

(3) To provide the information in the format requested would require a substantial and unjustifiable diversion of departmental resources. Accordingly, the data cannot presently be provided.

(4) Within 3 months Within 12 months 1996-97 212 680 1997-98 297 819 1998-99 267 661 1999-2000 212 600 2000-01 326 738 2001-02 394 976 2002-03 Not yet available Not yet available

Note: That figures provided in response to questions 1, 2 and 4 have been drawn from Productivity Commission and Australian Institute of Health and Welfare reports.

*1036 AGEING, DISABILITY SERVICES AND HOME CARE—ACCESS SYSTEM WAITING LISTS—Mr Ryan asked the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—


How many people are on the waiting list for the Service Access System in each one of the Department of Ageing and Disability Services and Home Care regions?

Answer—

There are no waiting lists for the Service Access System in any region of the department.

The Service Access System supplements the capacity in the disability service system to respond to people needing immediate assistance. People with a disability who are in need of an emergency response are assisted as quickly as practicable.

Those whose needs are not most appropriately met through the Service Access System are referred to other sources of assistance.

*1037 AGEING, DISABILITY SERVICES AND HOME CARE—HOME CARE SERVICES—Mr Ryan asked the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

How many people are on the waiting list for the Home Care service in each one of the Department of Ageing and Disability Services and Home Care regions?

Answer—

The Home Care Service does not maintain regional waiting lists. All referrals to Home Care are prioritised at the time of intake to ensure that those with the greatest need receive the services they require.

*1038 DISABILITY SERVICES—CONSUMERS OF DISABILITY ACCOMMODATION SERVICES—Mr Ryan asked the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

(1) How many people were accommodated in government provided institutions or large residential facilities for people with disabilities in New South Wales during:

(a) 2001-2002?

(b) 2002-2003?

(2) How many people were accommodated in government provided community accommodation facilities for people with disabilities in New South Wales during:

(a) 2001-2002?

(b) 2002-2003?

(3) How many people were accommodated in government funded non-government provided institutions or large residential facilities for people with disabilities in New South Wales during:

(a) 2001-2002?

(b) 2002-2003?

(4) How many people were accommodated in government funded non-government provided community accommodation facilities for people with disabilities in New South Wales during :

(a) 2001-2002?

(b) 2002-2003?


Answer—

(1) (a) 1,211.

(b) 1,031.

(2) (a) 1,083.

(b) 1,391.

(3) (a) 647.

(b) 421.

(4) (a) 1,409.

(b) 1,691.

It should be noted that different collection methods have been used for the information relating to supported accommodation services for 2001-2002 and for 2002-2003.

The 2001-2002 data is based on the Commonwealth State Disability Agreement (CSDA) Minimum Data Set (MDS) “snapshot” data collected on one day of the year, while the 2002-2003 data was based on a new method of MDS data collection introduced in October 2002. This new method of collection requires service providers to report over the full year.

*1039 COMMUNITY SERVICES, AGEING, DISABILITY SERVICES AND HOME CARE—MEMORANDUM OF UNDERSTANDING —Mr Ryan asked the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

How many case files will be transferred from the Department of Community Services to the Department of Disability Services, Ageing and Home Care as a result of the recent Memorandum of Understanding between the two departments?

Answer—

The Memorandum of Understanding clarifies the respective roles of the Department of Community Services (DoCS) and the Department of Ageing, Disability and Home Care (DADHC) to ensure that children with a disability are adequately supported. It is expected that DoCS and DADHC will work together on many individual cases. Where departmental officers identify that DADHC is to be solely responsible for the delivery of services to a child with a disability for whom DoCS has a case file, relevant information is being provided to DADHC to allow appropriate services to be developed.

*1040 DISABILITY SERVICES, AGEING AND HOME CARE—LOCAL AREA COORDINATORS—Mr Ryan asked the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

In which regions of the Department of Disability, Ageing and Home Care have the local area co-ordinators been located?

Answer—

Local Support Coordination, as it is known in New South Wales, is a rural initiative of the Department of Ageing, Disability and Home Care. Local Support Coordinators are located in four of the eight Departmental Regions - Northern, Western, Southern and Hunter Regions.


*1041 DISABILITY SERVICES, AGEING AND HOME CARE—BUDGET—Mr Ryan asked the Minister for

Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

(1) Of the additional $72.4 million allocated to the Department of Disability Services, Ageing and Home Care after the half year review of the State Budget, how much money was allocated to the following programs:

(a) Service Access System?

(b) ATLAS?

(c) Capital funding for devolution?

(d) Staff restructuring?

(2) In view of the fact that only $60 million is to be allocated to the Department of Disability Services, Ageing and Home Care in the proposed Appropriation Budget Variations Bill 2004, where is the other $12.4 million dollars coming from?

Answer—

(1) (a) A total of $10 million has been allocated for the Service Access System.

(b) A total of $16.5 million has been allocated for ATLAS.

(c) A total of $14.6 million in capital funds has been allocated for devolution.

(d) No funds were allocated for staff restructuring.

(2) I am advised that the remaining $12.4 million will be funded from the Treasurer’s Advance, which is included in the proposed Appropriation (Budget Variation) Bill 2004.

*1042 INDUSTRIAL RELATIONS—SEXUAL HARASSMENT IN THE WORKPLACE—Revd Mr Nile asked the Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast—

(1) (a) Has a study by the Human Rights and Equal Opportunity Commission shown that more than 10% of Australian adults have been sexually harassed at work in the past 5 years?

(b) Were nearly 250,000 adults sexually harassed last year?

(2) Does sexual harassment reduce the quality of life for New South Wales workers and affect the efficiency of the New South Wales workforce?

(3) With Federal Sex Discrimination Commissioner Pru Goward stating that much of the problem lies in attitudes “still people think sexual harassment is flirting going wrong”, what educational programs has the Minister introduced to combat such attitudes?

Answer—

(1) (a) Yes, the question refers to a report titled 20 Years On: The Challenge Continues, Sexual Harassment in the Australian Workplace which tables the results of a national telephone survey on sexual harassment in the workplace.

(b) The figures quoted in the report translate to an estimated 230,000 workers in Australia who claim to have experienced sexual harassment at work between the years 2002 and 2003.

(2) Yes, the adverse effects of sexual harassment in the workplace represent a significant personal and financial cost to both employers and employees.


(3) The Anti-Discrimination Act 1977 is the statute which specifically deals with sexual harassment in New

South Wales and the Anti-Discrimination Board of New South Wales which administers this act. The board offers a complete range of services specifically designed to help employers understand the nature of sexual harassment and develop, implement and manage the necessary steps to maintain a discrimination and harassment free workplace.

*1043 EDUCATION AND TRAINING—ENROLMENT TRENDS—Ms Rhiannon asked the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth representing the Minister for Education and Training and Minister for Aboriginal Affairs—

(1) What are the trends in enrolment since 1980 for all schools, government and non-government, in the Sydney Region of Department of Education and Training (DET)?

(2) What are the participation rates, broken down into the smallest demographic units used by the ABS, in public education relative to private education since 1980 in the Sydney Region, by reference to census and other ABS data, and to data available to DET?

(3) What has been the strategic response by DET since 1980 to these shifts in participation rates?

(4) What response to the adequacy and efficacy of its strategic responses has DET sought from the local communities in the Sydney Region and from the NSWTF since 1980?

(5) How has DET responded to the issues raised in those community and NSWTF responses?

(6) How has DET evaluated the efficacy and adequacy of its participation strategies in the Sydney Region since 1980, and what has been the outcome of those evaluations?

(7) What current plans and strategies are operative in the Sydney region to redress the appalling participation rates in public education in that region?

(8) Will you instruct the Director-General of Education to affirm to Regional Directors and their staff that the best interests of public education would be served if they worked closely with local school communities and their elected representatives in the P&C organisations and with teachers in the development and evaluation of strategic planning for the improvement of participation rates in public education?

Answer—

(1) To provide a response to this question would involve considerable time and the diversion of resources away from core responsibilities of the department that cannot be justified.

(2) This information is available from the Australian Bureau of Statistics.

(3) to (8) In 2001, the department implemented the Government’s Strategy for Inner Sydney Schools with the aim of increasing community confidence in public education and boosting enrolments in government schools.

The following changes have been implemented with the aim of boosting enrolments in public schools:

creation of Rose Bay Secondary College;

creation of Sydney Secondary College as a multi-campus college incorporating the former Balmain, Glebe and Leichhardt High Schools;

establishment of Alexandria Park Community Schools as a K-12 school incorporating the former Alexandria Public School and Cleveland Street High School;

designation of Matraville High School as a specialist sports high; and


inclusion of academically selected student groups at:

– Chatswood High School – Ryde Secondary College, formerly Malvina High School – Sydney Secondary College, Balmain, Blackwattle Bay (formerly Glebe High School) and

Leichhardt Campuses – Balmain Public School – Wilkins Public School.

Regional Directors are working and will continue to work closely with their school communities and representative organisations to improve community confidence in the public education system and, as a result, boost enrolments in government schools.

*1044 ENERGY AND UTILITIES—WAMBO—Ms Rhiannon asked the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands) representing the 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—

(1) What will be the total value of pass-through payments made to Wambo Power Ventures by Transgrid if Wambo builds a power station at Wagga Wagga?

(2) Over what time frame will those pass-through payments be made?

(3) What will be the value of greenhouse gas abatement certificates and Nemmco ancillary payments that Wambo will receive from the Government during that time frame?

Answer—

(1) Wambo (WPV) lodged a connection application with TransGrid in December 2003 for connection of a 340MW power station to the 132 kV network in the vicinity of Uranquinty. TransGrid is currently in the process of assessing that connection application based on the National Electricity Code automatic access standards.

WPV have also actively pursued a network support contract from TransGrid that is conditional on the generator being able to defer the cost of a building network augmentation to support the reliability of supply in the Wagga Area (for example, a 330 kV line from Yass to Wagga).

TransGrid has yet to complete the required assessment process (commonly called the ACCC “Regulatory Test”) to ascertain the least cost development to meet the future electricity reliability standards for the consumers in South Western NSW. The “Regulatory Test” calculation process is expected to be completed within the next two months. The “test” effectively compares the economic costs of various alternatives to a new electricity transmission line between Yass and Wagga and will identify the lowest cost option available to meet this need.

Following completion of the test it will be necessary for TransGrid to negotiate, within the parameters set by the regulatory test with options such as the proposed Wambo Power Station or any Demand Side Management opportunities, before the value of any “pass-through” payments to the “best alternative bidder” are determined by TransGrid and confirmed by the ACCC processes.

Consequently there is no confirmation of the value of any potential network support opportunity at this stage.

(2) The necessary analysis has not been completed and therefore TransGrid is not in a position to determine if the proposed power station at Wambo would be entitled to receive network support payments. If such payments were to be made, they would only be for the period that the power station deferred the construction of additional network infrastructure.


(3) Wambo will not receive payments from the Government in respect to greenhouse gas abatement

certificates or ancillary service payments. The level of these payments is a commercial matter for Wambo as they trade in the markets for greenhouse certificates and ancillary services.

*1045 ENERGY AND UTILITIES—SYDNEY WATER—Dr Chesterfield-Evans asked the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands) representing the 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—

(1) (a) Is the Government moving Sydney Water to Parramatta to get closer to its customers?

(b) If so, why is it closing Sydney Water’s regional offices?

(2) (a) Could the Government save $168 million by not moving Sydney Water to Parramatta, but merely consolidating its office space, leasing the rest out and selling the Parramatta land?

(b) If so, why not do this?

(3) (a) Does the newer section of the Sydney Water head office building have concrete cancer?

(b) If so, is the new front strong enough to withstand the impact if the concrete should fall?

Answer—

(1) and (2) Sydney Water’s Board of Directors resolved to move Sydney Water’s head office to Parramatta and will also assess current office accommodation usage to achieve the best possible outcomes in terms of customer service and commercial performance.

(3) (a) Following structural reports, repairs to the high-rise part of Sydney Water’s head office were carried out to address the effects of concrete cancer.

(b) I am advised that the Bathurst Street awning is designed to withstand the impact of any falling concrete.

*1047 POLICE—SCHOOL CADETS’ ACCESS TO FIREARMS—Ms Rhiannon asked the Minister for Justice, and Minister Assisting the Premier on Citizenship representing the Minister for Police—

(1) Are teenagers in our high schools who participate in cadet programs able to access firearms without any need for licensing or safety awareness training?

(2) Are those supervising these school cadets also able to access these firearms, without any need for licensing or safety awareness training?

(3) Are some or all of these supervisors civilians with limited or no training, rather than army officers or firearms professionals?

(4) Are school-age cadets using these firearms with limited training and limited supervision?

(5) What action will you take to remove the exemption enjoyed by cadet units from the relevant firearms legislation?

(6) Are firearms and/or other military weapons being stored on school premises?

(7) Does the 206 Regional Cadet Unit store its weapons at North Sydney Boys High School?

(8) Are you aware of any incidents in which weapons from this Unit have been stolen from this school?

Answer—


NSW Police has advised me:

(1) I refer the Honourable Member to Section 6(4) of the Firearms Act 1996.

(2) to (8) I refer the Honourable Member to the answer provided by the Minister for Education and Training to Question On Notice No.1048 in the Legislative Council Question and Answer Paper.

*1048 EDUCATION—SCHOOL CADETS’ ACCESS TO FIREARMS—Ms Rhiannon asked the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth representing the Minister for Education and Training and Minister for Aboriginal Affairs—

(1) Are teenagers in our high schools who participate in cadet programs able to access firearms without any need for licensing or safety awareness training?

(2) Are those supervising these school cadets also able to access these firearms, without any need for licensing or safety awareness training?

(3) Are some or all of these supervisors civilians with limited or no training, rather than army officers or firearms professionals?

(4) Are school-age cadets using these firearms with limited training and limited supervision?

(5) What action will you take to remove the exemption enjoyed by cadet units from the relevant firearms legislation?

(6) Are firearms and/or other military weapons being stored on school premises?

(7) Does the 206 Regional Cadet Unit store its weapons at North Sydney Boys High School?

(8) Are you aware of any incidents in which weapons from this Unit have been stolen from this school?

Answer—

(1) to (8) There are no functioning weapons stored in Department of Education and Training (DET) schools for use by school cadet units.

Sydney Boys High School has a fully licensed and separately incorporated rifle club which was established in 1883. The Rifle Club has no relationship with the school cadet unit.

The rifles are stored in an approved safe complete with back to base alarm system according to the appropriate legislative requirements of the Firearms Act 1996. Bolts and ammunition are stored separately.

Each student holds a shooter’s licence as does the teacher in charge.

*1049 TREASURY—WAMBO—Ms Rhiannon asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council—

(1) What will be the total value of pass-through payments made to Wambo Power Ventures by Transgrid if Wambo builds a power station at Wagga Wagga?

(2) Over what time frame will those pass-through payments be made?

(3) What will be the value of greenhouse gas abatement certificates and Nemmco ancillary payments that Wambo will receive from the Government during that time frame?

Answer—


(1) Wambo Power Ventures lodged a connection application with TransGrid in December 2003 for

connection of a 340MW power station to the 132 kV network in the vicinity of Uranquinty. TransGrid is currently in the process of assessing that connection application based on the National Electricity Code automatic access standards.

Wambo Power Ventures have also actively pursued a network support contract from TransGrid that is conditional on the generator being able to defer the cost of a building network augmentation to support the reliability of supply in the Wagga Area (for example, a 330 kV line from Yass to Wagga).

TransGrid has yet to complete the required assessment process (commonly called the ACCC “Regulatory Test”) to ascertain the least cost development to meet the future electricity reliability standards for the consumers in South Western NSW. The “Regulatory Test” calculation process is expected to be completed within the next two months. The “test” effectively compares the economic costs of various alternatives to a new electricity transmission line between Yass and Wagga and will identify the lowest cost option available to meet this need.

Following completion of the test it will be necessary for TransGrid to negotiate, within the parameters set by the regulatory test with options such as the proposed Wambo Power Station or any Demand Side Management opportunities, before the value of any “pass-through” payments to the “best alternative bidder” are determined by TransGrid and confirmed by the ACCC processes.

Consequently there is no confirmation of the value of any potential network support opportunity at this stage.

(2) The necessary analysis has not been completed and therefore TransGrid is not in a position to determine if the proposed power station at Wambo would be entitled to receive network support payments. If such payments were to be made, they would only be for the period that the power station deferred the construction of additional network infrastructure.

(3) Wambo will not receive payments from the Government in respect to greenhouse gas abatement certificates or ancillary service payments. The level of these payments is a commercial matter for Wambo as they trade in the markets for greenhouse certificates and ancillary services.

*1050 FAIR TRADING—BUILDING LICENCES—Dr Chesterfield-Evans asked the Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast representing the Minister for Fair Trading and Minister Assisting the Minister for Commerce—

(1) How many builders have had their building licences cancelled since Mr Lindsay Le Compte took over as General Manager of the Home Building Services?

(2) In relation to the promise by Mr Hanlon of the Department of Fair Trading to the Campbell Inquiry that disciplinary action would be taken against a number of builders within six weeks, how many builders have been subject to disciplinary action to date?

(3) What action is the Home Building Services taking to stop shonky builders from operating in New South Wales?

Answer—

(1) Since Mr Le Compte’s appointment to the position of General Manager of the Home Building Service, up until 30 March 2004, 274 builders have had their licences cancelled for disciplinary action and other activities.

(2) Since the tabling of the Campbell Inquiry Report in July 2002 to 30 March, 2004, disciplinary action has been taken against 110 licence holders.

(3) The Home Building Service has developed a comprehensive compliance and enforcement program.


The Home Building Service is currently co-ordinating one of the largest compliance programs in the history of New South Wales consumer protection agencies with around 70 officers targeting unlicensed activity in the industry.

Supreme Court injunctions have been taken out to stop rogue traders, whilst surveillance and search warrants are being used to obtain evidence to prosecute offenders. Penalty notices are also being utilised.

Where appropriate disciplinary action is also being taking against traders who fail to comply with Tribunal orders.

*1052 POLICE—AEGAN LODGE HOSTEL—Revd Mr Nile asked the Minister for Justice, and Minister Assisting the Premier on Citizenship representing the Minister for Police—

(1) With regard to the Aegan Lodge hostel Land and Environment Court case, have Police investigations shown a number of affidavits presented in the case to be forgeries?

(2) Does the Land and Environment Court have a process to check the authenticity of affidavits prior to handing down decisions?

(3) Are the Police investigating the source of these forgeries and what penalties are enforceable for such conduct?

(4) (a) Has the ICAC declined to take the matter on?

(b) If so, why?

Answer—

NSW Police has advised me:

(1) No.

(2) This is a matter for the Court.

(3) Not applicable.

(4) (a) Yes.

(b) This is a matter for the Commission.

*1053 INDUSTRIAL RELATIONS—FATHERS—Revd Mr Nile asked the Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast—

(1) Is the Minister aware of the ‘Policy Research Paper Number 22’ by the ‘Social Policy Research Centre’, University of NSW and published by the Australian Government Department of Family and Community Services on 1 April 2004?

(2) Is the Minister aware that according to the report, fathers play an important roll in the development of children?

(3) Is the Minister aware that according to the Family and Community Services Minister Kay Patterson, research shows that men did not spend more time with their families primarily through fear that it would adversely affect their jobs?

(4) Is the Minister aware that despite the majority of workplace agreements containing provisions for family leave, in 2000 only 18.7% of men actually availed themselves of such opportunity in comparison to 81.3% of their female co-workers?


(5) (a) What steps is the Government taking to encourage fathers to balance their family and work life?

(b) What steps is the Government taking to promote community/industry acceptance of fathers taking leave for family?

Answer—

(1) Yes.

(2) Yes.

(3) Despite evidence suggesting men want to spend more time with their families and are increasingly dissatisfied with their existing work-life balance, men are still more reluctant than women to take up family friendly provisions in the workplace. The report states that various factors contribute to men’s reluctance to take career breaks or use parental leave or part-time work to spend more time with their children including hindered career progression, loss of income, status and identity.

(4) The figures quoted in the question concern the uptake of maternity and paternity leave after the birth. These figures indicate that in 2000, 18.7% of men were absent from work because of the birth of a child compared with over 81.3% of women. Interestingly, national figures from the ABS Working Arrangements series state in 2000 there was a smaller gap between the number of men and women in the uptake of parental and carer’s leave, where 33.2% of men took leave to care for a family member compared with 66.8% of women.

(5) (a) In New South Wales, parental leave provisions are available for both men and women. The Industrial Relations Act 1996 provides employees with minimum entitlements to parental leave such as maternity, paternity and adoption leave.

The New South Wales Government is committed to promoting constructive work and family initiatives that benefit both working mothers and fathers.

(b) The Government’s Work and Family Strategy, commenced in 1996 and completed in 2003, was established in recognition of the need for a co-ordinated approach across industry and community groups in New South Wales to raise awareness of work and family issues for both employers and employees.

*1054 COMMUNITY SERVICES, AGEING, DISABILITY SERVICES, AGEING AND YOUTH—DEPARTMENTAL EMPLOYEES—Mr Ryan asked the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth—

(1) How many full-time equivalent employees were employed in the following departments as at June 2003:

(a) Department of Ageing Disability and Home Care?

(b) Commission for Children and Young People?

(c) Department of Community Services?

(2) How many permanent employees were employed in the following departments as at June 2003:




(3) How many temporary employees were employed in the following departments as at June 2003:





(4) What was the employee separation rate among non-casual employees for the following departments as at June 2003:




(5) What was the average length of service for non-casual employees for the following departments have as at June 2003:




(6) What was the average number of paid sick leave hours per employee for the following departments as at June 2003:




Answer—

(1) (a) There were 8,943.51 full-time equivalent (FTE) employees in DADHC as at June 2003.

(b) There were 32.3 full-time equivalent (FTE) employees in CCYP as at June 2003.

(c) There were 2,442.1 full-time equivalent (FTE) employees in DOCS as at June 2003.

(2) (a) There were 8,377 permanent employees employed in DADHC as at June 2003

(b) As at 30 June 2003 the Commission had 26 permanent employees (24.5 EFT) and one Chief Executive position.

(c) There were 2,156 permanent employees (headcount) employed in DOCS as at June 2003.

(3) (a) There were 1,364 temporary employees employed in DADHC as at June 2003.

(b) There were 9 temporary employees in CCYP as at June 2003 (6.8 EFT).

(c) There were 458 temporary employees (headcount) employed in DOCS as at June 2003.

(4) (a) The separation rate for non-casual DADHC employees for the year ending June 2003 was 11.65%.

(b) The separation rate for non-casual CCYP employees for the year ended June 2003 was 23.5%

(c) The separation rate for non-casual DOCS employees for the year ended June 2003 was:

excluding staff who transferred to Businesslink: 14.4%.

excluding staff who transferred to Businesslink and temporary employees: 9.2%.


(5) (a) The average length of service for non-casual employees for DADHC as at 2003 was 8 years, 4

months.

(b) The average length of service for non-casual employees for CCYP as at 2003 was 3.31 years.

(c) The average length of service for non-casual employees for DOCS as at 2003 was:

6.37 years including temporary employees.

7.41 years excluding temporary employees.

(6) (a) The average number of paid sick leave hours per employee for DADHC for the year ended June 2003 was 49.0 hours.

(b) The average number of paid sick leave hours per employee for CCYP for the year ended June 2003 was 42.7 hours.

(c) The average number of paid sick leave hours per employee for DOCS for the year ended June 2003 was 41.08 hours.

*1055 ENERGY AND UTILITIES—SYDNEY WATER ENVIRONMENTAL PLAN—Mr Cohen asked the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands) representing the 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—

(1) (a) The current Sydney Water Environmental Plan is due to finish in 2005. Is a draft exposure document being prepared for public consultation for the next Sydney Water Environmental Plan?

(b) When will it be available to the public?

(2) (a) Does Sydney Water use a Geographic Information System (GIS) to collect environmental data, or for other purposes?

(b) If so, what budget is allocated for GIS for updating the technology?

(3) (a) Does the Sydney Water GIS include a Contacts Data Base?

If so:

(b) Who developed it?

(c) How long since it was last updated?

(4) (a) Has the State Water Monitoring Coordination Committee completed the State-wide monitoring framework?

(b) If not, what progress has been made in the consideration of the State-wide water monitoring framework?

(5) (a) Has the State Water Monitoring Coordination Committee reported to the Minister at any time?

(b) If so, when?

(6) Has the State Water Government Algal Coordination Committee considered business in the last year?

(7) (a) Does the State Water Government Algal Coordination Committee report to the Minister?

(b) If not, to whom does the State Water Government Algal Coordination Committee report?


(8) When was the last State Water Government Algal Coordination Committee report provided to the

Minister?

(9) Are reports of the State Water Government Algal Coordination Committee available to the public?

(10) (a) Has Sydney Water provided advice on the use of tank water and grey water by residents on their gardens?

(b) If so, what is that advice?

Answer—

(1) (a) to (b) Sydney Water intends to renew its current environment plan in compliance with international standard ISO 14001. The ISO 14001 standard requires Sydney Water to consider the views of interested parties in its environmental planning.

(2) (a) Yes.

(b) Sydney Water has budgeted approximately $700,000 annually for minor enhancements to the GIS and related software.

(3) (a) No.

(b) to (c) Not applicable.

(4) and (5) I understand that the State Water Monitoring Coordination Committee is chaired by the Department of Environment and Conservation and, therefore, this matter should be referred to the Minister for the Environment.

(6) to (9) I understand that the State Algal Coordinating Committee is chaired by the Department of Infrastructure, Planning and Natural Resources and, therefore, this matter should be referred to the Minister for Infrastructure and Planning, and Minister for Natural Resources.

(10) (a) to (b) Sydney Water provides useful information about rainwater tanks, the use of grey water in the garden and other water saving ideas on its website at www.sydneywater.com.au.

In addition, printed brochures that provide information about rainwater tanks are available at Sydney Water customer centres and have been distributed to major rainwater tank suppliers and councils within Sydney Water’s area of operations.

*1056 HEALTH—INDUSTRIAL ACCIDENTS—Ms Hale asked the Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast representing the Minister for Health—

(1) (a) In relation to the Minister’s announcement of a package of $500,000 to upgrade the emergency capacity of Wollongong Hospital in response to recent industrial accidents in the Illawarra, will the head of accident and emergency services receive a pay rise of $50,000 from that allocation?

(b) If so, what else will the $500,000 be spent on to increase the emergency capacity of the hospital?

(2) (a) How many doctors based at Wollongong Hospital are qualified and authorised to treat industrial accident emergencies?

(b) Are they rostered on 24 hours per day?

(3) Why is there no Medical Retrieval Unit at Wollongong Hospital when similar units exist in Newcastle, Tamworth and Lismore?


(4) (a) Does the Lifesaver Helicopter 3 based at Wollongong Hospital have suitably qualified staff on

hand 24 hours per day to transport patients to Sydney at any time, if necessary?

(b) What is the response time for helicopters to fly from Sydney to Wollongong and back?

Answer—

I have been advised by the Hon Morris Iemma MP, Minister for Health, that the answer to the Honourable Member’s question is:

(1) (a) No.

(b) The $500,000 package will be used to employ specialist medical staff including a clinical Nurse Educator to train staff in the Emergency Department and an additional emergency physician, increasing emergency registrar coverage for nights and upgrading the Director of Trauma position.

(2) (a) There are currently 6 fully trained Emergency Physicians at Wollongong Hospital. The additional funding will allow for a seventh. There are also 20 middle grade doctors and 7 registrars (trainee Emergency Physicians) who are capable of independently managing injuries occurring on industrial sites.

(b) Rostering is 24 hours per day with physical presence of specialists on site at Wollongong 16 hours per day 5 days per week and on call outside those hours.

(3) Helicopter based medical teams from Sydney provide rapid medical response to the Illawarra.

(4) (a) Yes.

(b) 30 minutes.

*1057 HEALTH—PORT KEMBLA HOSPITAL—Ms Hale asked the Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast representing the Minister for Health—

In view of the closure of the Port Kembla Hospital Casualty Department some years ago, what is the process/procedure now when someone is seriously injured in an industrial accident at Port Kembla?

Answer—


Prior to the closure of the Port Kembla Casualty Department, all industrial accident patients from Port Kembla were received by the Wollongong Hospital Emergency Department. There has been no change to this procedure.

*1058 HEALTH—3G MOBILE PHONE TOWERS—Ms Hale asked the Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast representing the Minister for Health—

Will the Department of Health ensure that data from recent Dutch and British studies into the risks associated with 3G mobile phone technology is included in the upcoming review of policies on the siting of telecommunications facilities being conducted by DIPNR?

Answer—



The potential health effects of very low dose radiofrequency radiation have been considered by several major reviews by bodies such as the World Health Organisation (WHO), the United Kingdom Independent Expert Group on Mobile Phones, and the United States National Institute of Environmental Health Sciences (NIEHS). All have concluded that the evidence for any health effects from such radiation is very weak, and that there is a lack of a plausible explanation as to how such effects could occur.

Further research on the potential health effects of low dose radiofrequency radiation has been included in programs such as WHO International EMF Project and NIEHS EMF-Rapid. These most recent research findings relating to 3G technology contribute to the international effort to understand if population health effects may be associated with mobile phone tower emissions. However, individual study outcomes must be viewed in the broader context of current research programs.

*1060 LOCAL GOVERNMENT—LOCAL GOVERNMENT ELECTIONS VOTE COUNTING—Ms Hale asked the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands)—

(1) In relation to last weekend’s local government elections, how much is the centralised computer vote counting system at Villawood costing?

(2) (a) Is the cost of the centralised system, more or less than the old system where votes were counted manually in the council area where they were cast?

(b) If so, how much more, or less, is the computerised system costing?

(c) If the cost is less than the old system, how much less?

(3) What proportion of the total cost will be paid by the State Government, and what proportion will be paid by councils?

(4) Is the new system operating on budget, or will complexities and delays in counting result in a cost blow-out?

Answer—

I provide the following details in response to your questions:

(1) Section 296 of the Local Government Act 1993 provides that local government elections are conducted by the Electoral Commissioner. I have sought information from the State Electoral Office and am advised that the SEO is unable, at this time, to provide detailed costings for the operation of the centralised vote counting facility at Villawood. The SEO advises that it has, as yet, to receive all invoices payable in relation to both the operation of the centralised counting facility and the conduct of the elections for 142 councils across the State that held elections on 27 March 2004.

However, the SEO has advised that the total forecast costs to be recovered from among the Councils that held ordinary elections on 27 March 2004 is $1,400,000.

(2) (a) The SEO has also advised that it is unable to provide any comparisons between the costs of the March 2004 ordinary elections and previous local government ordinary elections. This is because in previous elections Returning Officers engaged locally-recruited staff to perform the count in each Council area. The costs of that engagement were met by each Council and the SEO has no way of establishing how much each council spent on staff and other election-related costs met by council. This is also the case in those elections held on 27 March 2004 where there was no “above-the-line” voting – councils incurred election-related costs that were met locally.

(b) See my response to Question 2(a) above.

(c) See my response to Question 2(a) above.


(3) Section 296(7) of the Local Government Act 1993 provides that expenses incurred by the Electoral

Commissioner and electoral officials in connection with an election are to be met by the council for which the election is conducted.

All election-related costs of the Electoral Commissioner will be recovered from Councils.

(4) I am informed that the Electoral Commissioner’s preliminary estimates of the costs associated with the conduct of the 2004 local government ordinary elections are close to or within the budget allocated for those elections.

I understand that while the Electoral Commissioner has yet to receive all invoices related to the operation of the centralised counting facility, that facility is forecast to have operated well within the initial budget established by the State Electoral Office.

*1061 LANDS—3G MOBILE PHONE TOWERS IN PUBLIC PARKS—Ms Hale asked the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands)—

(1) What Crown Land is occupied by telecommunications facilities?

(2) Does the department have a list, with the names of the carriers which installed and operate each facility?

(3) In each of these cases, are there formal access arrangements/leases/tenure arrangements with the carrier?

(4) Are those access arrangements compatible with the purposes for which that land is reserved?

(5) Does each telecommunications facility comply with the purpose for which the reservation was made?

(6) Does each facility comply with the plan of management (allowable activities) for that particular reserve?

(7) Is there a plan of management that includes the conditions for these facilities?

(8) How long are the leases in each case?

(9) How much money is the Government receiving from rent for each of these facilities?

(10) Is there revenue sharing between the Crown and the reserve trustees?

(11) Why is the trustee (local council), not the owner (NSW Government), of Crown Land forced to challenge carriers in court?

(12) Which of the following sites where 3G mobile phone towers are located in Sydney are not crown land:

(a) Allambie Heights Tennis Club ALLAMBIE HEIGHTS (H3G);

(b) Amalfi Park LURNEA (H3G);

(c) Attunga Reserve BILGOLA EAST (H3G, V) (DA approved);

(d) Australis Park, WATTLE GROVE (H3G, O);

(e) Brush Farm Park (Bowling Club) EASTWOOD (H3G);

(f) Caber Park WINSTON HILLS (H3G);

(g) Cook Park KYEEMAGH (O);

(h) Cromer Park CROMER (H3G);

(i) Cumberland State Forest WEST PENNANT HILLS (O);


(j) Dover Park BLAKEHURST (H3G, O);

(k) ELS Hall Park MARSFIELD (H3G, HT, O);

(l) Eric Mobbs Recreation Reserve CASTLE HILL (H3G);

(m) Fred Caterson Reserve CASTLE HILL (H3G, O, V);

(n) Gymea Bay Oval GYMEA BAY (H3G);

(o) Hassell Park ST IVES (H3G);

(p) Hitchcock Park AVALON (O);

(q) Holland Reserve GLENHAVEN (O);

(r) Ireland Park LIVERPOOL (H3G);

(s) Jannali Reserve BONNETT BAY (O, V);

(t) Jensen Park REGENTS PARK (O, V, HT);

(u) Kellyville Park KELLYVILLE (H3G, HT, V);

(v) Killarney Heights Oval KILLARNEY HEIGHTS (H3G);

(w) Kingsgrove Ave Reserve KINGSGROVE (O);

(x) Kingswood Oval ENGADINE (H3G);

(y) Kitchener Park MONA VALE (O);

(z) Lehmanns Oval LIVERPOOL (O);

(aa) Lilli Pilli Reserve CARINGBAH (H3G);

(bb) Lynwood Park BLACKTOWN (O);

(cc) Marsfield Park MARSFIELD (H3G);

(dd) McKillop Park HARBORD (O);

(ee) Middleton Park YAGOONA (H3G);

(ff) Neptune Park REVESBY HEIGHTS (H3G);

(gg) Pennant Hills Park PENNANT HILLS (O);

(hh) Perentie Park BELROSE (H3G, HT, O);

(ii) Plateau Park COLLAROY PLATEAU (H3G,HT, O, V);

(jj) Queen Elizabeth Park CONCORD (T);

(kk) Roberts Park Oval GREENACRE (H3G, O);

(ll) Seaforth Oval SEAFORTH (V);

(mm) Tania Park Dobroyd Point BALGOWLAH HEIGHTS (H3G, O);

(nn) Tantallon Oval, LANE COVE (Hutchison 3G proposal);


(oo) Thurina Park VILLAWOOD (O);

(pp) Valentine Park GLENWOOD (H3G, HT, O, V);

(qq) Warrimoo Oval ST IVES CHASE (H3G);

(rr) Waterworth Park UNDERCLIFFE (V, O);

(ss) Waverley Park WAVERLEY (V);

(tt) Wentworth Park ULTIMO (H3G);

(uu) Winnal Reserve GREEN VALLEY (O);

(vv) Woolooware Oval WOOLOOWARE (H3G);

(ww) Woronora Heights Oval WORONORA HEIGHTS (O) (Hutchison 3G and Telstra proposal?);

(xx) Wright Reserve QUAKERS HILL (H3G)?

(H3G: Hutchison 3G; HT: Hutchison Telecoms; O: Optus; V: Vodafone)

Answer—

As the Honourable Member is aware, the Federal Government has the power to regulate telecommunications under the Australian Constitution. Under the Telecommunications Act 1997 the mobile phone carriers have been given wide powers and immunities. This very much restricts what State and Territory Governments can do.

An interagency group to examine the impact of telecommunications issues at a State level, including 3G mobile phone towers, has been set up by the NSW Government.

In light of this, the Department of Lands is examining the issues raised by the Honourable Member, and I will undertake to provide further information to the Honourable Member on these issues in a timely manner.

*1062 ENERGY AND UTILITIES—SALE OF SYDNEY WATER LAND—Ms Hale asked the Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister Assisting the Minister for Natural Resources (Lands) representing the 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—

(1) Does Sydney Water currently have any plans to sell any land in the Sydney Basin?

(2) (a) Are there plans to sell off land owned by Sydney Water in Cooper Street, Birrong?

(b) Is there any evidence that the land owned by Sydney Water in Cooper Street, Birrong is contaminated with soil pollutants?

(c) Has there been any soil tests done on land owned by Sydney Water in Cooper Street, Birrong in the past 6 months?

If so:

(i) Who requested soil tests to be conducted?

(ii) Why were the soil tests conducted?

(iii) What were the results of the soil tests?

(3) Does Sydney Water have any plans to sell off land in Potts Point?


(4) (a) Have developers approached Sydney Water with any offers for land owned by Sydney Water in

Potts Point, Birrong, or any other land?

(b) If so, how much money has Sydney Water been offered for blocks of land in Potts Point, Birrong or any other block owned by Sydney Water?

Answer—

(1) Sydney Water is undertaking a rationalisation of all its land holdings to ascertain if there is any land surplus to its operational requirements or accommodation needs.

If land is surplus to its needs, Sydney Water proposes to sell the land on the open market.

(2) If the review of Sydney Water’s Cooper Street, Birrong property holdings results in land being identified as surplus, the Corporation will sell this land.

Following the removal of underground fuel storage tanks there was some contamination in the soil. A tender has recently been let to remediate this soil contamination.

Soil testing is being undertaken at the Sydney Water sites in Cooper Street, Birrong. It was Sydney Water’s decision to undertake a systematic and progressive testing of all its sites that were identified as having a risk of soil contamination.

The soil tests are part of a normal due diligence program. As the tests are still being undertaken, the results are not yet available.

(3) No, the only interests Sydney Water has in the Potts Point area are three pumping stations and a number of easements, and it is unlikely any of these will be available for disposal.

(4) Sydney Water sells its land either by auction or tender on the open market and does not consider any unsolicited offers from developers.

*1063 EDUCATION—MOBILE PHONE TOWERS—Ms Hale asked the Minister for Community Services, Minister for Ageing, Minister for Disability Services, and Minister for Youth representing the Minister for Education and Training and Minister for Aboriginal Affairs—

(1) (a) Will the department introduce a requirement that when a school principal is notified by a telecommunications carrier of a proposal for a 3G mobile phone tower close to the school, or within the school grounds, that he/she be obliged to inform DET?


(2) When a school principal is notified by a carrier about a proposal for a MPT close to the school, is he/she obliged to inform the school community ie the teachers, the administrative staff and the parents/carers of the school children?

(3) Is there any directive to principals regarding the installation of Mobile Phone Towers close to schools?

Answer—

(1) The Department of Education and Training receives notification of the intention to locate a mobile phone tower close to a school under the normal consultation processes undertaken by local councils.

(2) School principals are encouraged to consult with the school community in relation to issues affecting the school.

(3) The department has a policy of prudent avoidance regarding the siting of mobile phone towers within government schools and TAFE colleges.


*1064 PREMIER—3G MOBILE PHONE TOWERS—Ms Hale asked the Treasurer, Minister for State Development, and Vice-President of the Executive Council representing the Premier, Minister for the Arts and Minister for Citizenship—

(1) (a) In view of the example set by the Victorian Government (Department of Housing) last year taking Hutchison 3G to court. Is the State Government, on behalf of New South Wales councils, prepared to approach the Federal Government to revoke Schedule 3 of the Telecommunications Act to address the situation where local councils must take the carrier to court to prove that a facility is illegal or unauthorised?


(2) Will the State Government ask the Federal Government to authorise its own watchdog, the Australian Communications Authority, to take responsibility for the vetting/auditing/checking of the installation of “low-impact” facilities?

(3) Did the Australian Communications Authority introduce new electromagnetic radiation (EMR) human health exposure regulations on 1 March 2003, 26 days before the Premier launched 3G in New South Wales?

(4) The previous standard was 200 microwatt/ cm2. The new standard RPS3 limit uses a new formula to calculate limits. Is the Premier aware that using either the old or new formula 3G would not comply with the old standard?

(5) In relation to the role of the Mobile Carriers Forum in attempting to address better deployment of Low Impact Facilities, why are there delays in action being taken by the State Government when notified by residents of illegal and unauthorised structures built on crown land?

(6) Is the State Government lobbying the Federal Government to set aside more money for research into the risks associated with electromagnetic radiation?

Answer—

The Premier has provided the following answer:

(1) (a) and (b) The Federal Government has the power to regulate telecommunications under the Australian Constitution, and under the Telecommunications Act 1997 the mobile phone carriers have been given wide powers and immunities. This very much restricts what State and Territory Governments can do.

(2) I am advised that the Australian Communications Authority is already conducting some vetting/auditing/checking of the installation of “low impact” facilities.

(3) Yes.

(4) I am advised that this question should be addressed to the Federal Government.

(5) The Department of Lands disputes the generalisation that there are delays. If the Honourable Member has any specific instances of alleged delays, the department is prepared to investigate these concerns.

(6) No.

6 MAY 2004

(Paper No. 53)


1086 NATURAL RESOURCES—WESTERN STATE REGION STATE FORESTS—Dr Chesterfield-Evans asked

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

(1) What is the current annual cost to the State Government of operating the Western Region State Forests NSW?

(2) What is the amount of royalties collected annually from Western Region forestry operations by the State Government?

1087 POLICE—OFFSET ALPINE CASE—Revd Mr Nile asked the Minister for Justice, and Minister Assisting the Premier on Citizenship representing the Minister for Police—

With regard to the Offset Alpine case:

(1) Under the terms of the Alpine insurance policy, are destroyed assets required to be replaced before the insured can receive its policy payout?

(2) (a) Did the ‘NSW Fire Investigation Unit’ note new replacement printing equipment in an adjacent building the very next day after the fire?

(b) If so, has the ‘NSW Police Property Crime Squad’ investigated how this ‘new equipment’ was paid for and how it came to be replaced so quickly?

(3) Will the Minister authorise a thorough renewed investigation into the then members and initial reports of the ‘NSW Police Property Crime Squad’ and the ‘NSW Fire Brigade Fire Investigation Unit’ who allegedly reported “no apparent suspicious circumstances” with regard to the causes of the 1993 Offset Alpine fire?

John Evans Clerk of the Parliaments

_________________________ Authorised by the Parliament of New South Wales

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