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203
PROOF
LEGISLATIVE COUNCIL
QUESTIONS
AND
ANSWERS
No. 29
MONDAY 17 JUNE 2019
(The Questions and Answers Paper published for the first sitting day in each week will contain, by number and
title, all unans wered ques tions , together with ques tions to which ans wers 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. Cons equently the full text of any ques tion will be printed only twice: when
notice is given; and, when answered.)
Notice given on date shown204
Legislative Council Questions and Answers No. 29— Monday 17 June 2019
Publication of Questions Answer to be lodged by
Q & A No. 15 (Including Question Nos 0055 to 0071) 17 June 2019
Q & A No. 16 (Including Question Nos 0072 to 0072) 18 June 2019
Q & A No. 17 (Including Question Nos 0073 to 0081) 19 June 2019
Q & A No. 18 (Including Question Nos 0082 to 0088) 20 June 2019
Q & A No. 19 (Including Question Nos 0089 to 0091) 21 June 2019
Q & A No. 20 (Including Question Nos 0092 to 0097) 24 June 2019
Q & A No. 21 (Including Question Nos 0098 to 0105) 25 June 2019
Q & A No. 22 (Including Question Nos 0106 to 0132) 26 June 2019
Q & A No. 23 (Including Question Nos 0133 to 0166) 27 June 2019
Q & A No. 24 (Including Question Nos 0167 to 0167) 28 June 2019
Q & A No. 25 (Including Question Nos 0168 to 0169) 02 July 2019
Q & A No. 26 (Including Question Nos 0170 to 0170) 03 July 2019
Q & A No. 27 (Questions—Nil) -
Q & A No. 28 (Including Question Nos 0171 to 0171) 05 July 2019
Q & A No. 29 (Including Question Nos 0172 to 0173) 08 July 2019205
Legislative Council Questions and Answers No. 29— Monday 17 June 2019
27 MAY 2019
(Paper No. 15)
*55 JOBS, INVESTMENT, TOURISM AND WESTERN SYDNEY—DATA ON BUNGARRIBEE PARK
SYDNEY ZOO—Ms Hurst asked the Minister for Finance and Small Business representing the Minister
for Jobs, Investment, Tourism and Western Sydney—
With regard to the Bungarribee Park Sydney Zoo:
(1) What is the size of
(a) the chimpanzee enclosure
(b) the gorilla enclosure
(c) the elephant enclosure
(d) the orangutan enclosure
(e) the lion enclosure
(2) How does the s ize of thes e enclos ures compare to enclos ures for chimpanzees , gorillas , elephants
orang-utans and lions at Taronga Zoo in Sydney?
(3) What is the size of the footprint of the zoo?
(4) Have Sydney Zoo Pty Ltd been required to s ubmit a bus ines s cas e to s how whether the zoo is
financially viable?
(a) If so is this public information and where is it available?
(5) If the zoo were to become financially unviable and clos ed what would happen to the animals and
where would they go?
(a) What procedures are in place to protect the public from expos ure to cos ts of caring for the
animals?
(6) How much money is the government investing in Bungarribee Park Sydney Zoo?
(a) 2018 financial year?
(b) 2019 financial year?
(c) 2020 financial year?
Answer—
I am advised that this question is better directed to the Hon. Adam Marshall Minister for Agriculture and
Western NSW. I enclose advice provided by the Minister in relation to question on notice 0055.
The Department of Primary Industries is responsible for assessing applications to exhibit animals under
the Exhibited Animals Protection Act and as s ociated regulations and s tandards . Information about the
legis lative requirements to exhibit animals is available here: www.dpi.ns w.gov.au⁄animals -and-
livestock⁄anima1-welfare⁄exhibit
(1) The s ize of each enclos ure has been as s es s ed and approved in accordance with the pres cribed
standards.
(2) As per ques tion 1, all enclos ure s izes have been as s es s ed and approved in accordance with the
prescribed standards.
(3) The Department of Primary Industries does not require 'total area' in order to make a determination
under the Exhibited Animals legislation.
The Environmental Planning As s es s ment report is available on the Department of Planning and
Environment's website at:
www.ipcn.nsw.gov.au⁄resources⁄pac⁄media⁄files⁄pac⁄projects⁄2016⁄11⁄the-sydney-zoo⁄department-of-
planning-and-environments-assessment-report⁄assessment-report.pdf
(4) The Department of Primary Indus tries does not require a financial as s es s ment in order to make a
determination under the Exhibited Animals legislation.
(5) The Department of Primary Industries undertakes compliance audits against the Exhibited Animals
Protection Act and associated regulations and standards to ensure animal welfare and public safety
s tandards are maintained. Where required, enforcement and corrective action is undertaken in
response to non-compliance. Details of the audit process and compliance action is available online206
Legislative Council Questions and Answers No. 29— Monday 17 June 2019
here:www.dpi.ns w.gov.au⁄animal
s -and-live
s tock⁄animalwelfare⁄exhibit⁄preparing-for-an-audit In
addition, Sydney Zoo is an associate member of the Zoo and Aquarium Association (ZAA). They are
required to be an as s ociate member for two years before applying for full members hip. ZAA
manages the breeding programs for specific exotic animals and has systems in place that may be able
to as s is t with the rehoming of exotic animals , if the zoo was to clos e due to becoming financially
unviable.
(6) The Sydney Zoo is a private business venture.
*56 ENERGY AND ENVIRONMENT—DATA ON BUNGARRIBEE PARK SYDNEY ZOO—Ms Hurs t
asked the Minister for Mental Health, Regional Youth and Women representing the Minister for Energy
and Environment—
With regard to the Bungarribee Park Sydney Zoo:
(1) What is the size of
(a) the chimpanzee enclosure?
(b) the gorilla enclosure?
(c) the elephant enclosure?
(d) the orangutan enclosure?
(e) the lion enclosure?
(2) How does the s ize of thes e enclos ures compare to enclos ures for chimpanzees , gorillas , elephants
orang-utans and lions at Taronga Zoo in Sydney?
(3) What is the size of the footprint of the zoo?
(4) Have Sydney Zoo Pty Ltd been required to s ubmit a bus ines s cas e to s how whether the zoo is
financially viable?
(a) If so is this public information and where is it available?
(5) If the zoo were to become financially unviable and clos ed what would happen to the animals and
where would they go?
(a) What procedures are in place to protect the public from expos ure to cos ts of caring for the
animals?
(6) How much money is the government investing in Bungarribee Park Sydney Zoo?
(a) 2018 financial year?
(b) 2019 financial year?
(c) 2020 financial year?
Answer—
This question should be referred to the Minister for Agriculture and Western New South Wales, the Hon.
Adam Mars hall MP as Minis ter res pons ible for the Exhibited Animals Protection Act 1986.The Act
governs exhibitors of animals so that they provide the required standards of care, presentation and safety.
The NSW Department of Primary Industries is the licensing authority and enforcement agency.
*57 FAMILIES, COMMUNITIES AND DISABILITY SERVICES—EARLY INTERVENTION AND
PREVENTION—Mr Shoebridge as ked the Minis ter for Finance and Small Bus ines s repres enting the
Minister for Families, Communities and Disability Services—
(1) How much was allocated in 2017-18 to Early Intervention and Prevention programs?
(2) Which programs funded by the department are cons idered Early Intervention and Prevention
programs?
(3) How is it decided if a program is considered an Early Intervention and Prevention program?
(4) Who decides if a programs is an Early Intervention and Prevention program?
(5) What guidelines or policies are in place to help determine is a program is an Early Intervention and
Prevention program?
Answer—207
Legislative Council Questions and Answers No. 29— Monday 17 June 2019
The Department of Family and Community Services (FACS) funds a range of Early Intervention and
Prevention programs and s ervices that are des igned to s upport children, young people, families and
communities. More information about these programs and the funding provided for them is available in
the FACS annual report and on the FACS website, both at: https:⁄⁄www.facs.nsw.gov.au⁄.
*58 FAMILIES, COMMUNITIES AND DISABILITY SERVICES—RESEARCH REFERENCED BY
SECRETARY OF DEPARTMENT OF JUSTICE—Mr Shoebridge as ked the Minis ter for Finance and
Small Business representing the Minister for Families, Communities and Disability Services—
(1) What is the research referred to on 2SM radio news bulletins Wednesday 22 May 2019 in which the
Secretary of the Department of Jus tice was quoted that details the benefits of early intervention
programs?
(2) Where is the research publicly available?
Answer—
In 2015, the Aus tralian Res earch Alliance for Children and Youth, in partners hip with the NSW
Government, releas ed the report Better s ys tems , better chances - a review of res earch and practice for
prevention and early intervention. The report is available at www.aracy.org.au
*59 POLICE AND EMERGENCY SERVICES—FIRE AND RESCUE NSW MERIT-BASED
RECRUITMENT & WORKPLACE ACCIDENTS—Mr Latham as ked the Minis ter for Education and
Early Childhood Learning representing the Minister for Police and Emergency Services—
(1) Since 2015, what feedback and repres entations from firefighters (pas t and pres ent) has FRNSW
management received warning that its shift away from merit-based recruitment (the best person for
the job getting the job) and its watering down of training and tes ting s tandards will lead to higher
numbers of workplace accidents and public safety problems? What are the details?
(2) For each of 2016, 2017, 2018 and 2019:
(a) How many fire-vehicle accidents have there been attributed to driver fault?
(b) How many have involved fire-vehicles flipping upside down?
(c) Which stations have been responsible?
Answer—
I am advised:
(1) FRNSW employ a merit-bas ed s election policy for s taff recruitment, promotion and performance
management.
(2) .
(a) These are matters for the relevant insurance companies and associated legal processes.
(b) There has been one accident in 2017 where a fire truck tipped onto its side.
(c) The accident occurred at the Armidale Training Centre.
*60 POLICE AND EMERGENCY SERVICES—FIRE AND RESCUE NSW GENDER BASED
RECRUITMENT—Mr Latham as ked the Minis ter for Education and Early Childhood Learning
representing the Minister for Police and Emergency Services—
(1) In relation to FRNSW recruitment policies , does the Minis ter agree with the s tatement of former
Commissioner Greg Mullins in 2016 that, "Merit selection will determine the best candidates for the
job, regardless of gender but we will deliver equity in the number of male and female firefighters"?
(2) How is merit selection compatible with a predetermined 50:50 gender employment quota?
(3) Does the Minister agree with the statement of FRNSW Commissioner Paul Baxter in May 2018 that,
"We don't have a specific (gender recruitment) goal but we now have 50:50 recruiting"?
(a) What is the official policy and practice of FRNSW with regard to merit vers us gender-bas ed
recruitment?208
Legislative Council Questions and Answers No. 29— Monday 17 June 2019
(4) Is the Minis ter aware of Mr Baxter's claim that, "Organis ations that have good gender balance are
more innovative, competitive and are better places to work"? What evidence can the government
provide supporting this claim:
(a) in general
(b) from firefighting services internationally?
Answer—
I am advised:
(1) Fire and Res cue NSW (FRNSW) employ a merit-bas ed s election policy for s taff recruitment,
promotion and performance management.
(2) Recruits are employed based on the results they achieve through physical and psychological testing.
(3) A 50:50 gender balance is an aspirational target to ensure greater reflection of the community.
(4) Yes.
*61 POLICE AND EMERGENCY SERVICES—FIRE AND RESCUE NSW GENDER EQUITY—Mr
Latham as ked the Minis ter for Education and Early Childhood Learning repres enting the Minis ter for
Police and Emergency Services—
(1) Does the Minister regard public safety as the paramount objective of Fire and Rescue NSW?
(a) If so, does the Minister also believe that in FRNSW recruitment practices, the best person for
the job should get the job, regardless of their race, gender and sexuality?
(2) In what circumstances, if any, does the Minister believe that recruitment practices at FRNSW should
discriminate on the basis of race, gender or sexuality?
(3) In claiming that its gender equity and 50:50 gender employment quota policies will improve the
workforce performance of the organisation, what evidence and⁄or reports has Fire and Rescue NSW
relied on in making this claim?
Answer—
I am advised:
(1) Fire and Rescue NSW's (FRNSW) paramount objective is to enhance community safety, quality of
life and confidence by minimis ing the impacts of hazards and emergency incidents on the people,
property, environment and economy of NSW. This als o includes the s afety and wellbeing of its
employees.
(a) Yes.
(2) FRNSW does not discriminate in its employment practices.
(3) FRNSW does not have a 50:50 gender employment quota. Applications for fire-fighters are accepted
from all members of the community and are assessed on merit and physical aptitude.
*62 POLICE AND EMERGENCY SERVICES—INDIGENOUS FIRE AND RESCUE EMPLOYMENT
STRATEGY—Mr Latham asked the Minister for Education and Early Childhood Learning representing
the Minister for Police and Emergency Services—
(1) For each of 2018 and 2019, how many people participated in the NSWFR Indigenous Fire and
Rescue Employment Strategy (IFARES) program?
(a) How many of these have become full-time fire-fighters?
(2) In meeting the criterion to "identify as Aboriginal and⁄or Torres Strait Islander'' how does FRNSW
prevent self-identification by people who aren't actually Indigenous, thereby protecting the integrity
of the program?
(3) In the name of diversity and equity, what equivalent program does FRNSW run for non-Indigenous
people from a low-income, low socio-economic background?
Answer—
I am advised:
(1) The IFARES program did not run in 2018. Eighteen s tudents were accepted into the program in209
Legislative Council Questions and Answers No. 29— Monday 17 June 2019
2019.
(a) Graduation will occur in July 2019.
(2) 1FARES applications are jointly as s es s ed by identified Aboriginal and Torres Strait Is lander s taff
from FRNSW and NSW TAFE. An applicant will not be accepted into the IFARES program if they
are unable to provide adequate evidence⁄documentation to confirm their Aboriginality. This may
include:
(a) A letter from a Local Aboriginal Land Council confirming the applicant's acceptance as a
member of the Council;
(b) A letter from a regis tered Aboriginal community organis ation confirming the applicant is of
Aboriginal descent, identifies as an Aboriginal person, and they are accepted by the Aboriginal
community as an Aboriginal person;
(c) A Statutory Declaration from the applicant s tating they are of Aboriginal and Torres Strait
Islander descent.
(3) There is a range of ways in which Fire and Rescue NSW ensures equity in its applicants, including
through communities targeted in its recruitment s eminars , its annual Open Day, community
engagement activities and career expos.
*63 POLICE AND EMERGENCY SERVICES—SPECIAL PROGRAMS FOR JUVENILE INDIGENOUS
OFFENDERS—Mr Latham asked the Minister for Education and Early Childhood Learning representing
the Minister for Police and Emergency Services—
(1) What s pecial programs does the NSW Police Force run for the benefit of juvenile Indigenous
offenders?
(2) For each of 2018 and 2019, how many times and for what purpos e have on- duty police been
required to run these programs? What are the details?
(3) For each of 2018 and 2019, on which occas ions did the programs involve travel inters tate or
overseas?
(a) What was the cost of these excursions?
(b) How many officers participated and what in detail did they involve?
(4) Are there any equivalent programs for juvenile non-Indigenous offenders
(a) If so, what are the details?
Answer—
I am advised:
(1) The NSW Police Force (NSWPF) runs a s uite of programs under the Commis s ioner of Police,
including the RISEUP Strategy for young offenders and young people at risk of coming into contact
with the criminal justice system. These programs are open to all young people including Aboriginal
and Torres Strait Is lander young people. The RISEUP Strategy was launched in Augus t 2018 and
includes the Fit for Life, Fit for Change, Fit Together, Fit for Home, Fit to Learn, Fit to Strive, Fit for
Service and Fit for Work programs. PCYC NSW also delivers other programs for young offenders
and young people at risk of coming into contact with the criminal justice system. These programs are
not facilitated by NSWPF.
(2) The RISEUP Strategy programs are delivered in collaboration with PCYC NSW. They involve police
Youth Case Managers who are based at the PCYC clubs as well as PCYC staff and volunteers. Local
NSWPF command staff may also be involved, depending on operational priorities. This involvement
further enhances relations hips between police and young people. RISEUP Strategy programs are
trialed at a number of locations across NSW.
(3) Two Mount Druitt police and one of the Mount Druitt Aboriginal Community Liaison Officers took
five Aboriginal children to Melbourne to watch the Indigenous All-Star Round of the NRL as part of
Operation ENGAGE, conducted by the Mount Druitt Police Area Command targeting young
offenders involved with crime. The cost of this excursion was $1,250.
(4) As mentioned above, the Commissioner's RISEUP Strategy is open to all young offenders and young
people at risk of coming into contact with the criminal justice system.210
Legislative Council Questions and Answers No. 29— Monday 17 June 2019
*64 POLICE AND EMERGENCY SERVICES—METHADONE POLICY—Mr Latham asked the Minister
for Education and Early Childhood Learning repres enting the Minis ter for Police and Emergency
Services—
(1) How many vehicle accidents in NSW involved drivers who recorded levels of methadone in their
system in?
(a) 2017?
(b) 2018?
(c) 2019?
(2) When did the NSW Government las t revis e its policy on allowing drivers under the influence of
methadone to legally drive?
(a) What was the outcome of this review?
(b) What submission did the NSW Police make to the review?
(3) Does the Government agree with the view of former NSW Deputy Police Commissioner Catherine
Burne that, "People who are driving under the influence of any drug, whether it is a prescription drug
or an illicit drug, should not be on the road"?
(a) If not, what is the Government's policy on acceptable drug use and driving?
(4) Does NSW random drug testing of drivers test for methadone levels? What are the details?
Answer—
I am advised:
(1) The NSW Police Force does not keep records of the recorded level of methadone in drivers involved
in vehicle accidents.
(2) Transport for NSW is responsible for all policies and legislation pertaining to the circumstances in
which drivers can drive legally, including acceptable and unacceptable drug use and driving.
(3) Transport for NSW is responsible for all policies and legislation pertaining to the circumstances in
which drivers can drive legally, including acceptable and unacceptable drug use and driving.
(4) The NSW Police Force Mobile Drug Tes ting program does not tes t for methadone levels . This
program is managed by the Centre for Road Safety as part of the NSW Government's Road Safety
Plan 2021.
*65 REGIONAL TRANSPORT AND ROADS—METHADONE POLICY—Mr Latham as ked the Special
Minis ter of State, Minis ter for the Public Service and Employee Relations , Aboriginal Affairs , and the
Arts , Vice-Pres ident of the Executive Council repres enting the Minis ter for Regional Trans port and
Roads—
(1) How many vehicle accidents in NSW involved drivers who recorded levels of methadone in their
system in?
(a) 2017?
(b) 2018?
(c) 2019?
(2) When did the NSW Government las t revis e its policy on allowing drivers under the influence of
methadone to legally drive? a.What was the outcome of this review? b.What s ubmis s ion did the
NSW Police make to the review?
(3) Does the Government agree with the view of former NSW Deputy Police Commissioner Catherine
Burne that, "People who are driving under the influence of any drug, whether it is a prescription drug
or an illicit drug, should not be on the road"? a.If not, what is the Government's policy on acceptable
drug use and driving?
(4) Does NSW random drug testing of drivers test for methadone levels? What are the details?
Answer—
I have directed the ques tion to the Minis ter for Trans port and Roads as the res pons ible Minis ter. The
Minister's response is attached.
I am advised:211
Legislative Council Questions and Answers No. 29— Monday 17 June 2019
(1) Drug testing is only mandatory for fatal crashes and test results are only available for a very small
percentage of non-fatal crashes.
(2)-(3). Legislative reforms to the Road Transport Act 2013 came into effect from 1 July 2018 to target
drug use by drivers.
(4) It is an offence to drive a vehicle under the influence of any drug. Any driver who police suspect is
impaired by a drug can be arrested and required to provide a blood and urine sample for testing. Blood
and urine analysis covers a broad range of illegal and prescription drugs, including methadone.
*66 EDUCATION AND EARLY CHILDHOOD LEARNING—RAINBOW MUFTI DAY—Mr Latham
asked the Minister for Education and Early Childhood Learning—
(1) Is the Minis ter aware of a directive to s tudents and parents at Greys tanes High School from the
Deputy Principal concerning the 17 May 'Rainbow Mufti Day', such that students who did not 'wear
an item of rainbow clothing' would be charged double on the day and 'chased up until they pay up'?
(2) Why are s tudents being coerced in this fas hion into wearing rainbow colours , with their clear
political and s exual meaning, when many s tudents (es pecially thos e of a Chris tian and Mus lim
background) would be uncomfortable with such a practice?
(3) How is this respecting 'diversity', 'inclusion' and choice in a school?
(4) Will the Minis ter now ens ure that Greys tanes and every other NSW s chool does not adopt this
coercive, unfair practice in future?
(5) Can the Minister guarantee that no student in NSW Education will be forced, coerced or punished
into wearing political⁄sexual colours and⁄or symbols against their individual choice and beliefs?
Answer—
(1) I am advis ed that an information note about a 'rainbow' mufti day was dis tributed to parents of
students at Greystanes High School. The Department of Education acknowledges that the wording of
the note was not consistent with the Department's Controversial Issues in Schools policy, updated on
5 March 2019. The matter has been addressed with the Relieving Principal and measures have been
put in place to ensure future compliance with the policy
(2) I am advis ed it was not the intention of any s taff or s tudents at Greys tanes High School to coerce
students into wearing rainbow colours for 'Rainbow Mufti Day'. It is acknowledged that the wording
of the note was not in keeping with Departmental policy on Controversial Issues in Schools. Further
communication with all s tudents at the s chool has reas s ured them of the inadvertent
misrepresentation of the Departmental policy and has reconfirmed the inclusive, non-discriminatory
culture of the school.
(3) Greystanes High School is proud of its focus on inclusion and diversity. The Relieving Principal is
committed to working with all s taff to ens ure more s tringent communication proces s es aligned to
Departmental policy.
(4) Principals in NSW government s chools are res pons ible for leading and managing their s chool
communities in line with Departmental policy and procedures including the Department's
Controvers ial Is s ues in Schools policy. Principals are regularly reminded about the importance of
adhering to this policy.
(5) Government s chool communities have not and will not be coerced into wearing political⁄s exual
colours and⁄or symbols against their individual choice and beliefs.
*67 ENERGY AND ENVIRONMENT—HEALTH EFFECTS OF BACK-BURNING OPERATIONS—Mr
Latham asked the Minister for Mental Health, Regional Youth and Women representing the Minister for
Energy and Environment—
(1) What have been the air quality, environmental and health consequences of days on which fire hazard
reduction fire hazard reduction back-burning operations have been conducted in and around Sydney
during 2019?
(2) On which days and for which s uburbs have health and other environmental warnings been is s ued
whereby people are advis ed not to leave their homes and to take s pecial health and lifes tyle
precautions? What are the details?212
Legislative Council Questions and Answers No. 29— Monday 17 June 2019
(3) What repres entations has the Minis ter made to the Minis ter for Police and Emergency Services to
ensure fire hazard back-burning operations are conducted in a way that does not jeopardise the health
and environmental safety of residents in Sydney and surrounding districts?
Answer—
(1) From 1 January to 3 June 2019, in Sydney, there have been 11 days which have exceeded the
national daily fine particulates s tandard due to hazard reduction burns . Five of thes e occurred
between 20 to 25 May, where burns were ceas ed or pos tponed to minimis e s moke impacts . Any
health consequences are a matter for the Minister for Health and Medical Research.
(2) A media releas e is is s ued before every hazard reduction burn in the Sydney metropolitan area. A
hazard reduction schedule is also available online through National Parks and Wildlife Service alerts
and Rural Fire Service 'Fires Near Me' webpages. A daily forecast on air quality in the Sydney region
for the following day is als o is s ued, which takes account of bus hfires and hazard reduction burns .
The NSW Health and Asthma Foundation websites both provide information on precautions people
can take to minimise the effects of bush fire smoke. The Environment Protection Authority's Clean
Air webpage also has a range of information about hazard reduction smoke.
(3) State government agencies , including the Department of Planning, Indus try and Environment, the
Environment Protection Authority, NSW Rural Fire Service and NSW Health are working together
to reduce hazardous air pollution epis odes and minimis e s moke impacts on local communities .
Smoke hazard management and communication protocols are currently being trialled
*68 HEALTH AND MEDICAL RESEARCH—HEALTH EFFECTS OF BACK-BURNING
OPERATIONS—Mr Latham as ked the Minis ter for Mental Health, Regional Youth and Women
representing the Minister for Health and Medical Research—
(1) What have been the air quality, environmental and health consequences of days on which fire hazard
reduction fire hazard reduction back-burning operations have been conducted in and around Sydney
during 2019?
(2) On which days and for which s uburbs have health and other environmental warnings been is s ued
whereby people are advis ed not to leave their homes and to take s pecial health and lifes tyle
precautions? What are the details?
(3) What repres entations has the Minis ter made to the Minis ter for Police and Emergency Services to
ensure fire hazard back-burning operations are conducted in a way that does not jeopardise the health
and environmental safety of residents in Sydney and surrounding districts?
Answer—
Answer (1)-(3)
When the Office of Environment and Heritage forecasts elevated levels of air pollution, it issues a public
alert and notifies NSW Health. NSW Health supports the alert by providing public messaging about the
health risks associated with air pollution and the precautions that people can take to reduce those risks.
The advice includes avoiding outdoor phys ical activity, following their as thma action plan, and having
their reliever medication with them.
NSW Health issued media alerts on 21 and 22 May, and further media interviews on 24 May. The alerts
apply to any area affected by smoke, rather than specific suburbs.
*69 POLICE AND EMERGENCY SERVICES—HEALTH EFFECTS OF BACK-BURNING
OPERATIONS—Mr Latham as ked the Minis ter for Education and Early Childhood Learning
representing the Minister for Police and Emergency Services—
(1) Is the Minis ter aware of the days on which health warnings have been is s ued in Sydney and
s urrounding dis tricts in 2019 due to fire hazard reduction back- burning operations ? What are the
details?
(2) What action is the Minis ter taking to ens ure that fire hazard reduction back- burning operations in
and around Sydney do not jeopardise official health andards and conditions for the elderly, children
and people with respiratory conditions?
Answer—213
Legislative Council Questions and Answers No. 29— Monday 17 June 2019
I am advised:
(1) Health information relating to s moke from bus h fires and hazard reduction burning is available on
the NSW Health website or the Asthma Foundation. NSW Health issues Air Pollution Alerts when
advised by the Office of Environment and Heritage that poor air quality is forecast.
(2) When large s cale hazard reduction burns are planned, fire agencies in conjunction with land
managers us e weather forecas ts , s moke modelling and NSW Environment Protection Authority
background pollution modelling to inform decisions. Agencies consider all the information and the
potential of these burns on air quality from the smoke. Hazard reduction burns may be postponed, or
their ignition and burning strategies reviewed and adjusted. For example, over the weekend of 25 and
26 May 2019, 14 hazard reduction burns were pos tponed, to minimis e s moke impact around the
Greater Sydney area.
*70 ATTORNEY GENERAL—JACK DE BELIN—Mr Latham asked the Minister for Education and Early
Childhood Learning repres enting the Attorney General, and Minis ter for the Prevention of Domes tic
Violence—
(1) Does the Attorney General regard the pres umption of innocence as one of the pillars of the New
South Wales (NSW) judicial system and the workings of a fair society?
(2) Is the Attorney General aware of the circums tances of Mr Jack de Belin who has had the
pres umption of innocence wiped in his workplace, in the media, among National Rugby League
(NRL) commercial sponsors and in the Federal Court?
(3) What lessons has the Government taken from the Jack de Belin case and what action is it taking to
ensure that anyone accused of a crime in NSW is guaranteed the presumption of innocence?
(4) Given that:
(a) The Aus tralian Rugby League Commis s ion (ARLC) has s tood him down from playing rugby
league, with a clear inference of wrong doing against him,
(b) A jus tice of the Federal Court Melis s a Perry (in De Belin v Aus tralian Rugby League
Commission Ltd, 2019, FCA, 688) has found that Mr De Belin represents "a clear and present
danger to the legitimate interests" of rugby league football,
(c) Jus tice Perry has s ummaris ed the impact of the extens ive media coverage of this matter by
starting that, "Mr de Belin is clearly associated with an act of serious sexual violence against a
woman",
(d) A number of high-profile s pons ors of rugby league have declared they no longer wis h to be
associated with Jack De Belin, such as Mr Mark Fitzgibbon, the Chief Executive Officer of NIB
(and a former Newcas tle Knights board member and the father of current Knights player
Lachlan Fitzgibbon), who on 20 February 2019 emailed the NRL demanding that de Belin be
s tood down as he had been photographed in the Daily Telegraph news paper with a NIB
sponsors' logo on his NSW jumper,
(e) Jack de Belin was stood down not just as a consequence of his matter but due to publicity about
other players (what Justice Perry has depicted as "the offseason described in media reports as
the Summer from Hell"), meaning that judgement of de Belin has been tainted by matters
external to his case,
(f) The head of the ARLC, the self-described 'media tart' Peter Beattie, has given a record number
of media interviews about the matter, each underpinned by an as s umption of wrong doing
against de Belin,
(g) The White Ribbon advocacy group has publicly condemned Jack de Belin (and others ),
describing their behaviour as "unacceptable",
(5) Is the Attorney General concerned that the New South Wales judicial s ys tem might not be able to
give Jack de Belin a fair trial for the matter on which he has been charged in the Wollongong Local
Court?
(6) Is the Attorney General concerned by the way in which the pres umption of innocence for Jack de
Belin has been advers ely affected by the decis ion to s tand him down in his workplace, extens ive
media coverage bas ed on an as s umption of wrong doing, interference by arrogant s elf-s erving
sponsors and political campaigns by so-called advocacy groups? If so, what will the Government do
to restore the presumption of innocence in this matter?
(7) Why is it taking up to two years to have the de Belin matter heard in the Wollongong Local Court?214
Legislative Council Questions and Answers No. 29— Monday 17 June 2019
(8) Given the extraordinary nature of this matter, Jack de Belin's protestations of innocence, the way he
has been s tood down in his workplace, its impact on de Belin and his family and importantly, its
impact on the alleged victim and her family, will the Government ens ure the court hearing is
expedited to be concluded some time later this year?
Answer—
I am advised:
Any person charged with a criminal offence in New South Wales is presumed to be innocent unless, and
until, they are found guilty beyond reas onable doubt. I have confidence that the Courts of this State
uphold the presumption of innocence in every matter.
The timing of Mr de Belin's matter is the res pons ibility of the Courts and determined independent of
Government.
*71 POLICE AND EMERGENCY SERVICES—COUNTER-TERRORISM EXERCISE
PANTOGRAPH—Mr Latham as ked the Minis ter for Education and Early Childhood Learning
representing the Minister for Police and Emergency Services—
(1) What res pons e has the New South Wales (NSW) Police Force made to the NSW Civil and
Adminis trative Tribunal (NCAT) decis ion concerning the way in which police officers dres s ed
during the counter-terrorism Exercise Pantograph in October 2017?
(2) Given the paramount importance of public safety, does the Minister consider that counter-terrorism
exercises and training should as closely as possible replicate real-life circumstances and possibilities?
(3) Will the Minis ter now ins truct the NSW Police Force to continue to conduct thes e exercis es as
realistically as possible including any relevant dress?
Answer—
I am advised:
(1) Following the Tribunal's decis ion, the NSW Police Force (NSWPF) has is s ued an apology
concerning the use of headscarves in the exercise.
(2) I am committed to reducing violence, crime and fear in NSW. It is critical for the NSWPF to practice
and refine its res pons e to active armed offenders in a complex environment and to engage in a
continual improvement process.
(3) I don't instruct the NSWPF on how to conduct their exercises, however I do believe that they must be
as realistic as possible.
17 JUNE 2019
(Paper No. 29)
172 FAMILIES, COMMUNITIES AND DISABILITY SERVICES—CHILDREN IN OUT OF HOME
CARE IN ALTERNATIVE ACCOMODATION—Mr Shoebridge to as k the Minis ter for Finance and
Small Business representing the Minister for Families, Communities and Disability Services—
(1) What is the number of children in Out of Home Care s pending the night in Alternative
Accommodation each year for the last five years?
(a) Of these, how many were in each type of Alternative Accommodation?
(b) Of these, how many were Aboriginal and Torres Strait Islander?
(2) What is the total number of children each year over the pas t five years s pending the night in
Alternative Accommodation?
(a) Of these, how many were in each type of Alternative Accommodation?
(b) Of these, how many were Aboriginal and Torres Strait Islander?
(3) What is the highes t number of children s pending the night in Alternative Accommodation on any
given night for each year over the last five years?
(a) Of these, how many were in each type of Alternative Accommodation?215
Legislative Council Questions and Answers No. 29— Monday 17 June 2019
(b) Of these, how many were Aboriginal and Torres Strait Islander?
(4) What is the average number of children per year spending the night in Alternative Accommodation
for each year over the last five years?
(a) Of these, how many were in each type of Alternative Accommodation?
(b) Of these, how many were Aboriginal and Torres Strait Islander?
173 TRANSPORT AND ROADS—BRIDGE REPLACEMENT IN NSW—Mr Shoebridge to ask the Special
Minis ter of State, Minis ter for the Public Service and Employee Relations , Aboriginal Affairs , and the
Arts, Vice-President of the Executive Council representing the Minister for Transport and Roads—
In response to LC Question 0047 you advise that "information about historic bridges is available on the
Roads and Maritime Services webs ite". A s earch of the webs ite has been uns ucces s ful in locating the
answers to these questions.
(1) Where specifically on this website is there information detailing:
(a) The specific bridge replacement programs referred to in Question 0047?
(b) The total cos t for the demolition of the Sports man's Creek Bridge as reques ted in Ques tion
0047?
(c) The total cost for the proposed demolition of historic Windsor Bridge as requested in Question
0047?
David Blunt
Clerk of the Parliaments
_________________________________________
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