Minutes of the Proceedings 593
LEGISLATIVE COUNCIL
MINUTES OF THE PROCEEDINGS
Nos. 102, 103 and 104
No. 102 — Tuesday, 11 December 2012
1 The President took the Chair and read the Prayer.
2 ASSENT TO ACTS — The President read Messages from the Governor informing the Council that he had —
On 4 December 2012, given the Royal Assent to the following Acts presented to him by the Clerk of the Legislative Council:
Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2012
Education Legislation Amendment (Governance) Act 2012
Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Act 2012
Road Safety Amendment (Operator Onus) Act 2012
State Taxation and Other Acts Amendment Act 2012.
On 11 December 2012, given the Royal Assent to the following Act presented to him by the Clerk of the Parliaments:
Police Regulation Amendment Act 2012.
3 PETITIONS —
TAFE FUNDING — MrLeane and MrScheffer each presented Petitions bearing 721 and 24 signatures, respectively, from certain citizens of Victoria requesting that the Government abandon the planned TAFE funding cuts and guarantee no further cuts will be made.
Ordered to lie on the Table.
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SWINBURNE UNIVERSITY LILYDALE CAMPUS FUNDING — MrScheffer presented a Petition bearing 64 signatures from certain citizens of Victoria requesting that the Government abandon the planned TAFE funding cuts and guarantee no further cuts will be made and work to secure the future of Swinburne University Lilydale campus.
Ordered to lie on the Table.
4 PAPERS —
MINISTERIAL INTERVENTION IN PLANNING MATTERS — MsLovell (for MrGuy) moved, by leave, That there be laid before this House a copy of the Ministerial Intervention in Planning Matters Statement to Parliament, 2011.
Question — put and agreed to.
The Report was presented by MsLovell and ordered to lie on the Table.
ALERT DIGEST — MrO'Donohue presented Alert Digest No. 18 of 2012 (including Appendices) from the Scrutiny of Acts and Regulations Committee.
Ordered to lie on the Table and to be printed.
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PAPERS PURSUANT TO STATUTE — The following Papers, pursuant to the directions of several Acts of Parliament, were laid on the Table by the Clerk:
Australian Children’s Education and Care Quality Authority, 2011-12.
Border Groundwaters Agreement Review Committee — Report, 2011-12.
Gambling Regulation Act 2003 — Fixed Term Ban Order of 3 December 2012 under section 2.5A.9 of the Act.
Liquor Control Reform Act 1998 — Report of the Chief Commissioner of Police pursuant to section 148R of the Act, 2011-12.
Major Sporting Events Act 2009 — Major sporting event order of 4 December 2012 in relation to Twenty20 domestic cricket matches held at Docklands Stadium in the years 2012 to 2017.
Melbourne City Link Act 1995 — Deed of Lease of Customer Service Site, pursuant to section 60(9) of the Act.
Office of Police Integrity — Report under section 31 of the Crimes (Assumed Identities) Act 2004, 2011-12.
Ombudsman — A section 25(2) report to Parliament on the proposed integrity system and its impact on the functions of the Ombudsman, December 2012.
Parliamentary Committees Act 2003 — Government Response to the Education and Training Committee’s Report on the Education of Gifted and Talented Students.
Planning and Environment Act 1987 — Notices of Approval of the following amendments to planning schemes:
Ballarat Planning Scheme — Amendments C135 and C149.
Boroondara Planning Scheme — Amendments C99, C148 and C168.
Glenelg Planning Scheme — Amendment C67.
Greater Geelong Planning Scheme — Amendment C273.
Greater Shepparton Planning Scheme — Amendment C151.
Indigo Planning Scheme — Amendment C63.
Knox Planning Scheme — Amendment C98.
Melton Planning Scheme — Amendment C125.
Moreland Planning Scheme — Amendment C141.
Wyndham Planning Scheme — Amendment C163.
Yarra Planning Scheme — Amendment C162.
Yarra Ranges Planning Scheme — Amendment C103 Part 1.
Statutory Rules under the following Acts of Parliament:
Dangerous Goods Act 1985 — No. 132.
Drugs, Poisons and Controlled Substances Act 1981 — No. 136.
Freedom of Information Act 1982 — No. 131.
Gambling Regulation Act 2003 — No. 134.
Livestock Disease Control Act 1994 — Nos. 129 and 130.
Marine (Drug, Alcohol and Pollution Control) Act 1988 — No. 138.
Offshore Petroleum and Greenhouse Gas Storage Act 2010 — No. 133.
Residential Tenancies Act 1997 — No. 137.
Supreme Court Act 1986 — Nos. 140, 141 and 142.
Tobacco Act 1987 — No. 135.
Transport (Compliance and Miscellaneous) Act 1983 — No. 139.
Working with Children Act 2005 — No. 143.
Subordinate Legislation Act 1994 —
Documents under section 15 in respect of Statutory Rule Nos. 129, 130, 132 to 134 and 137 to 143.
Legislative Instruments and related documents under section 16B in respect of —
An Order of Exemption of 20 November 2012 for Retail and Catering and an Order of 21 November 2012 Exempting Persons from Primary Production and Processing Requirements of the Food Standards Code made under the Food Act 1984.
An Order of Exemption of 27 November 2012 made under the Livestock Disease Control Act 1994.
A Revocation of 29 November 2012 of tow away areas made under the Local Government Act 1989.
Victorian Catchment Management Council —
Report, 2011-12.
Catchment Condition and Management Report 2012.
Victoria Police — Chief Commissioner — Report under section 31 of the Crimes (Assumed Identities) Act 2004, 2011-12.
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PROCLAMATIONS — Proclamations of the Governor in Council fixing operative dates in respect of the following Acts were laid on the Table by the Clerk:
Primary Industries and Food Legislation Amendment Act 2012 — Remaining provisions — 1 December 2012 (Gazette No. S399, 27 November 2012).
Resources Legislation Amendment (General) Act 2012 — Remaining provisions — 1 December 2012 (Gazette No. S399, 27 November 2012).
Road Management Amendment (Peninsula Link) Act 2012 — 5 December 2012 (Gazette No. S419, 4 December 2012).
Serious Sex Offenders (Detention and Supervision) Amendment Act 2012 — 1 December 2012 (Gazette No. S399, 27 November 2012).
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DRUGS AND CRIME PREVENTION COMMITTEE — LOCALLY BASED APPROACHES TO COMMUNITY SAFETY AND CRIME PREVENTION — Pursuant to section 36(2)(c) of the Parliamentary Committees Act 2003, the Clerk laid on the Table a copy of the Government Response to the Drugs and Crime Prevention Committee’s Report on Locally Based Approaches to Community Safety and Crime Prevention.
5 PRODUCTION OF DOCUMENTS — VICTRACK’S LEASE OF PREMISES, CASTLEMAINE — The Clerk laid on the Table a letter from the Minister for Public Transport, dated 9 December 2012, together with the following documents received in accordance with the Resolution of the Council of 12 September 2012 seeking the production of documents relating to VicTrack and the Maryborough Highland Society premises in Kennedy Street, Castlemaine:
(1) Lease between VicTrack and Maryborough Highland Society, dated 25 May 2011;
(2) Deed of Variation of Lease between VicTrack and Maryborough Highland Society, dated 10 May 2012;
(3) Email chain between VicTrack employees, dated 19 October 2012 and 18 October 2012;
(4) Property Inspection Record – Completed by Don Hester (VicTrack);
(5) Letter from Merrilyn McGregor (VicTrack) to Don Hester (Maryborough Highland Society), dated 7 October 2010;
(6) Email from Merrilyn McGregor (VicTrack) to Simon Young (Logie-Smith Lanyon Lawyers), dated 3 September 2010 (refers to attached Heads of Agreement however attachment is not included);
(7) Email from Simon Young (Logie-Smith Lanyon Lawyers) to Merrilyn McGregor (VicTrack), dated 3 September 2010;
(8) Letter from Merrilyn McGregor (VicTrack) to Narelle Waller (Waller Realty), dated 15 July 2010 (refers to attachments, but no attachments are included);
(9) Email chain between Narelle Waller (Waller Realty) to Merrilyn McGregor (VicTrack), dated 8 July 2010;
(10) Email from Merrilyn McGregor (VicTrack) to Nadine Vielhuber (Maddocks), dated 12 April 2011;
(11) Email chain between Nadine Vielhuber (Maddocks) and Merrilyn McGregor (VicTrack), dated 23 December 2010 to 2 March 2011;
(12) Email from Mac Henshall (VicTrack) to Merrilyn McGregor (VicTrack), dated 14 February 2011;
(13) Email from Simone Wallis (VicTrack) to Merrilyn McGregor (VicTrack) attaching correspondence from Martin Paten (Castlemaine State Festival Committee), dated 3 February 2011;
(14) Email from Nadine Vielhuber (Maddocks) to M Kearney (Logie-Smith Lanyon Lawyers), dated 15 December 2010 (refers to an attachment which is not attached);
(15) Email from Lou Cicchelli (VicTrack) to Nadine Vielhuber (Maddocks), dated 15 December 2010 (refers to an attachment which is not attached);
(16) Email from Merrilyn McGregor (VicTrack) to Krista Horbatiuk (Castlemaine Festival), dated 19 November 2010, attaching letter from Castlemaine Festival;
(17) Email from Merrilyn McGregor (VicTrack) to Aimee Dash (Urbis), dated 8 March 2011, attaching letter of consent to Urbis;
(18) Email from Castlemaine Sports and Community Club Support Group to Merrilyn McGregor (VicTrack), dated 1 August 2012, attaching Victorian Civil and Administrative Tribunal decision;
(19) Email from Malcolm Blandthorn (Maryborough Highland Society) to Merrilyn McGregor (VicTrack), dated 1 August 2012;
(20) Email chain between Merrilyn McGregor (VicTrack) and Malcolm Blandthorn (Maryborough Highland Society), dated 1 to 17 August 2012;
(21) Email chain between Merrilyn McGregor (VicTrack), Rebecca Alberse (Maddocks) and Tamara Warner (Maddocks), dated 24 April to 7 May 2012;
(22) Email from Merrilyn McGregor (VicTrack) to Tamara Warner (Maddocks), dated 24 April 2012, attaching Draft Deed of Variation of Lease and email from Rebecca Alberse (Maddocks) to Merrilyn McGregor;
(23) Email from John Rantino (Maddocks) to Merrilyn McGregor (VicTrack), dated 9 January 2012, attaching letter from Kearneys Lawyers regarding conflict of interest;
(24) Email from Merrilyn McGregor (VicTrack) to Narelle Waller (Waller Realty), dated 9 December 2011;
(25) Email from Malcolm Blandthorn (Maryborough Highland Society) to Merrilyn McGregor (VicTrack), dated encl: Maryborough Highland Society Gaming Application advert;
(26) Email from Michael Leong (VicTrack) to Malcolm Blandthorn (Maryborough Highland Society), dated 27 September 2011, attaching a map of lot 64;
(27) Email chain between Carleen Chisholm-Harawira (VicTrack) and John Weinbar (VicTrack), dated 26 September 2011;
(28) Letter from Janet Cropley (Castlemaine Mayor) to Edward O’Donohue MLC (Parliamentary Secretary for Transport);
(29) Email from Malcolm Blandthorn (Maryborough Highland Society) to Merrilyn McGregor (VicTrack), dated 19 September 2011, and email from Annie Cummings (Kearneys Legal) to Malcolm Blandthorn;
(30) Email chain between Malcolm Blandthorn (Maryborough Highland Society), Merrilyn McGregor (VicTrack) and Laura Thomas (Urbis), dated 8 September 2011;
(31) Email chain between Malcolm Blandthorn (Maryborough Highland Society) and Merrilyn McGregor (VicTrack), dated 31 August to 2 September 2011, attaching VicTrack’s Approval of Gambling Application;
(32) Email from Simone Wallis (VicTrack) to Merrilyn McGregor (VicTrack), dated 22 August 2011, and email chain between Malcolm Blandthorn (Maryborough Highland Society) and Simone Wallis;
(33) Email from Robyn Evans (VicTrack) to Merrilyn McGregor (VicTrack), dated 27 June 2011;
(34) Email between Simone Wallis (VicTrack) and Merrilyn McGregor (VicTrack), dated 24 June 2011, and email chain between Malcolm Blandthorn (Maryborough Highland Society) and Merrilyn McGregor, dated 23 and 24 June 2011;
(35) Letter from Merrilyn McGregor (VicTrack) to Don Hester (Maryborough Highland Society), dated 24 May 2011; and
(36) Letter from Merrilyn McGregor (VicTrack) to Nadine Vielhuber (Maddocks), dated 24 May 2011.
On the motion of MsHartland, the letter and documents were ordered to be taken into consideration on the next day of meeting.
6 BUSINESS OF THE COUNCIL — MrLenders moved, by leave, That precedence be given to the following General Business on Wednesday, 12 December 2012:
(1) Order of the Day No. 25, resumption of debate on motion relating to election commitments made by the Government;
(2) Order of the Day No. 26, resumption of debate on motion relating to the production of documents in relation to channel deepening bathymetric data in Port Phillip Bay;
(3) Notice of Motion No. 486 standing in the name of Mr Pakula relating to the university qualification of the Member for Caulfield;
(4) Notice of Motion No. 487 standing in the name of Mr Barber relating to the production of documents in relation to the Reformed Zones for Victoria review; and
(5) Order of the Day No. 1, the second reading of the Accident Compensation Legislation (Fair Protection for Firefighters) Bill 2011.
Question — put and agreed to.
7 MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing Order 5.12.
8 BUSINESS POSTPONED — Ordered — That the consideration of the Notices of Motion, Government Business, be postponed until later this day.
9 FIRE SERVICES LEVY MONITOR BILL 2012 — Debate resumed on the question, That the Bill be now read a second time.
Question — put and agreed to.
Bill read a second time and committed to a Committee of the whole.
House in Committee.
Bill reported without amendment, the Report was adopted, and the Bill was read a third time and passed.
Bill returned to the Assembly with a Message informing them that the Council have agreed to the Bill without amendment.
10 JUSTICE LEGISLATION AMENDMENT (FAMILY VIOLENCE AND OTHER MATTERS) BILL 2012 — Debate resumed on the question, That the Bill be now read a second time.
Business having been interrupted at 2.00 p.m. pursuant to an Order of the Council on 29 November 2012 —
11 QUESTIONS — Questions without notice were taken pursuant to Standing Order 8.04.
PERSONAL ALERT DEVICES — MrD.M. Davis having given answers to a question and supplementary question without notice relating to Personal Alert Devices —
On the motion of MrViney, the Minister’s answers were ordered to be taken into consideration on the next day of meeting.
QUESTIONS — Questions without notice continued.
12 JUSTICE LEGISLATION AMENDMENT (FAMILY VIOLENCE AND OTHER MATTERS) BILL 2012 — Debate continued on the question, That the Bill be now read a second time.
Question — put and agreed to.
Bill read a second time and, by leave, read a third time and passed.
Bill returned to the Assembly with a Message informing them that the Council have agreed to the Bill without amendment.
13 INTEGRITY AND ACCOUNTABILITY LEGISLATION AMENDMENT BILL 2012 AND PROTECTED DISCLOSURE BILL 2012 — The concurrent debate resumed on each of the questions, That the Bill be now read a second time.
Amendments proposed to be moved in Committee on the Integrity and Accountability Legislation Amendment Bill 2012 by MrPakula were circulated.