709
LEGISLATIVE ASSEMBLY
2015-16
FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT
___________________
VOTES AND PROCEEDINGS
No. 67
TUESDAY 31 MAY 2016
___________________
717
VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 31 May 2016
1 MEETING OF THE HOUSE
The House met at 12.00 noon pursuant to adjournment. The Speaker took the Chair, read the prayer and acknowledged the traditional owners, thanking them for their custodianship of country.
2 NOTICES OF MOTIONS (GENERAL NOTICES)
3 PRIVATE MEMBERS’ STATEMENTS
_____________
The Temporary Speaker (Ms Melanie Gibbons) left the Chair at 1.28 pm.
The Speaker resumed the Chair at 2.15 pm.
_____________
4 SPEAKER’S STATEMENT—CENTENARY OF THE FIRST WORLD WAR
The Speaker made a statement in relation to Centenary of the First World War and the Battle of the Jutland, and the role of the Royal Australian Navy during the War.
5 OPPOSITION ANNOUNCEMENTS
Mr Luke Foley informed the House of the election on 26 May 2016 of Nickola Lalich as Opposition Whip, and the election on 31 May 2016 of Gregory Charles Warren as Deputy Opposition Whip.
6 ELECTORAL DISTRICT OF ORANGE
The Speaker advised the House that on 30 May 2016 she had received a letter from Andrew Robert Gee resigning his seat as member for the electoral district of Orange.
Mr Anthony Roberts moved, That in accordance with section 70 of the Parliamentary Electorates and Elections Act 1912, the seat of the member for Orange be declared vacant, by reason of the resignation of Andrew Robert Gee.
Question put and passed.
7 MESSAGES FROM THE GOVERNOR
The Speaker reported messages from His Excellency the Governor assenting to the following bills:
16 May 2016
Act No. 17 Terrorism (Police Powers) Amendment (Investigative Detention) Bill
19 May 2016
Act No. 18 Public Lotteries Amendment (Keno Licensing) Bill
Act No. 19 Superannuation Administration Corporation (Pillar) (Authorised Transaction) Bill.
8 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
Mr Christopher Gulaptis—Pacific Highway Upgrade.
Ms Kate Washington—Local Government Amalgamations.
9 QUESTION TIME
_____________
(1) Following a request from Mr Geoff Provest pursuant to standing order 131 (3), the Deputy Premier, Minister for Justice and Police, Minister for the Arts, and Minister for Racing provided additional information.
(2) Following a request from Mrs Melinda Pavey pursuant to standing order 131 (3), the Minister for Health provided additional information.
(3) Following a request from Ms Katrina Hodgkinson pursuant to standing order 131 (3), the Minister for Regional Development, Minister for Skills, and Minister for Small Business provided additional information.
_____________
10 PAPERS
(1) Mr Andrew Constance tabled the Office of Transport Safety Investigations report entitled “Rail Safety Investigation, Hawkesbury River Railway Bridge, Brooklyn, 14 September 2015”.
(2) Mr John Barilaro tabled the report of the Technical Education Trust Funds for 2015.
(3) Mr Paul Toole tabled the Report and Determination of the Local Government Remuneration Tribunal under sections 239 and 241 of the Local Government Act 1993, dated 29 March 2016.
11 OMBUDSMAN
The Speaker, in accordance with section 31AA of the Ombudsman Act 1974, tabled the report of the NSW Ombudsman entitled “Fostering economic development for Aboriginal people in NSW”, dated May 2016.
Ordered to be printed.
12 AUDITOR-GENERAL
The Clerk, in accordance with section 63C of the Public Finance and Audit Act 1983, announced receipt of the Performance Audit Report of the Auditor-General entitled “Early childhood education: Department of Education”, dated May 2016 (received 26 May 2016).
13 ANNUAL REPORTS
(1) The Clerk, in accordance with section 13 of the Annual Reports (Departments) Act 1985, announced receipt of the report of the Department of Education for 2015 (incorporating the financial statements for the year ended 30 June 2015) (received 26 May 2016).
(2) The Clerk, in accordance with section 11 of the Annual Reports (Statutory Bodies) Act 1984, announced receipt of the reports for 2015 of: Charles Sturt University; Macquarie University (Volumes One and Two); Southern Cross University; University of Newcastle; University of New England; University of New South Wales (Volumes One and Two); University of Sydney; University of Technology, Sydney (Volumes One and Two); University of Western Sydney (trading as Western Sydney University) (Volumes One and Two); and University of Wollongong (Volumes One and Two) (received 26 May 2016).
14 STATE OWNED CORPORATIONS ACT
The Clerk, in accordance with section 27 of the State Owned Corporations Act 1989, announced receipt of the Half Yearly Reports for the period ended 31 December 2015 of: Ausgrid; Delta Electricity; Endeavour Energy; Essential Energy; Forestry Corporation; Hunter Water Corporation; Port Authority of New South Wales; Superannuation Administration Corporation (trading as Pillar Administration); Sydney Water Corporation; UrbanGrowth NSW; and Water NSW (received 30 May 2016).
15 LEGISLATION REVIEW COMMITTEE
Mr Michael Johnsen, Chair, tabled the report of the Legislation Review Committee entitled “Legislation Review Digest No. 19/56”, dated 31 May 2016.
Ordered to be printed.
Mr Michael Johnsen also tabled the minutes of the committee meeting regarding Legislation Review Digest No. 18/56.
16 STATUTORY RULES AND INSTRUMENTS
The Clerk tabled notices of the making of the following statutory rules and instruments published on the Legislation Website (LW) or in the Government Gazette (GG):
(1) For the week beginning 9 May 2016
Co-operative Housing and Starr-Bowkett Societies Act 1998—Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2016 (LW 11 May 2016).
Co-operatives (Adoption of National Law) Act 2012—Co-operatives (New South Wales) Amendment (Fees) Regulation 2016 (LW 11 May 2016).
Conveyancers Licensing Act 2003—Conveyancers Licensing Amendment (Fees) Regulation 2016 (LW 11 May 2016).
Electricity (Consumer Safety) Act 2004—Electricity (Consumer Safety) Amendment (Fees) Regulation 2016 (LW 11 May 2016).
Gas Supply Act 1996—Gas Supply (Consumer Safety) Amendment (Fees) Regulation 2016 (LW 11 May 2016).
Home Building Act 1989—Home Building Amendment (Fees) Regulation 2016 (LW 11 May 2016).
Landlord and Tenant (Amendment) Act 1948—Landlord and Tenant Amendment (Fees) Regulation 2016 (LW 11 May 2016).
Motor Dealers and Repairers Act 2013—Motor Dealers and Repairers Amendment (Fees) Regulation 2016 (LW 11 May 2016).
Pawnbrokers and Second-hand Dealers Act 1996—Pawnbrokers and Second-hand Dealers Amendment (Fees) Regulation 2016 (LW 11 May 2016).
Property, Stock and Business Agents Act 2002—Property, Stock and Business Agents Amendment (Fees and Contributions) Regulation 2016 (LW 11 May 2016).
Tattoo Parlours Act 2012—Tattoo Parlours Amendment (Fees) Regulation 2016 (LW 11 May 2016).
(2) For the week beginning 16 May 2016
Civil Procedure Act 2005—Uniform Civil Procedure (Amendment No. 76) Rule 2016 (LW 20 May 2016).
Heavy Vehicle National Law—Heavy Vehicle (General) National Amendment Regulation (LW 20 May 2016).
Industrial Relations Act 1996 (Section 185A) and Civil Procedure Act 2005 (Section 15)—Practice Note No. 17A—Industrial Relations Commission of New South Wales—Applications Pursuant to Section 84 of the Industrial Relations Act 1996 (Unfair Dismissals) (GG. No 39 of 20 May 2016, p 1135).
Land and Environment Court Act 1979—Land and Environment Court (Amendment No. 2) Rule 2016 (LW 20 May 2016).
Local Government Act 1993—Local Government (General) Amendment (Staff) Regulation 2016 (LW 16 May 2016).
Unlawful Gambling Act 1998—Unlawful Gambling Regulation 2016 (LW 20 May 2016).
(3) For the week beginning 23 May 2016
City of Sydney Act 1988—City of Sydney Regulation 2016 (LW 25 May 2016).
Civil Procedure Act 2005—Supreme Court Practice Note SC EQ 13—Supreme Court—Adoptions (GG No 40. of 27 May 2016, p1174).
Home Building Act 1989—Home Building Amendment (Loose-fill Asbestos Insulation) Regulation 2016 (LW 27 May 2016).
Legal Profession Uniform Law Application Act 2014—NSW Admission Board Amendment (Fees) Rule 2016 (LW 27 May 2016).
Liquor Act 2007—Liquor Amendment (Special Licence Conditions) Regulation 2016 (LW 27 May 2016).
Local Government Act 1993—Local Government (General) Amendment (Preparation of Rolls) Regulation 2016 (LW 25 May 2016).
Public Authorities (Financial Arrangements) Act 1987—Public Authorities (Financial Arrangements) Amendment (State Sporting Venues Authority) Regulation 2016 (LW 27 May 2016).
Public Notaries Act 1997 (NSW) —Public Notaries Appointment Amendment (Fees) Rule 2016 (GG No. 40 of 27 May 2016, p 1148).
Residential Tenancies Act 2010—Residential Tenancies Amendment (Loose-fill Asbestos Insulation) Regulation 2016 (LW 27 May 2016).
17 PETITIONS
(1) The Clerk announced that the following members had each lodged petitions for presentation:
Mr Alex Greenwich—from certain citizens requesting that museum services be expanded around New South Wales and the Powerhouse Museum remain in Ultimo.
Ms Jenny Leong —from certain citizens requesting the construction of a second light rail station in Surry Hills at the Wimbo Park/Olivia Gardens site.
Mr Alex Greenwich—from certain citizens requesting that the Government retain and properly maintain inner city social housing.
Mr Alex Greenwich—from certain citizens opposing the sale of animals in pet shops.
Mr Mark Speakman—from certain citizens requesting that New South Wales natural heritage be protected by a Biodiversity Conservation Bill and associated measures.
(2) The Clerk also announced that the following member had lodged a petition for presentation signed by 500 or more persons:
Dr Geoff Lee—from certain citizens requesting that the Government act to prevent the planned demolition of Parramatta War Memorial Swimming Pool and allow the co-existence of Parramatta Stadium and the Parramatta War Memorial Swimming Pool.
18 PLACING OR DISPOSAL OF BUSINESS—LAPSING OF GENERAL BUSINESS
The Speaker advised the House that in accordance with standing order 105 (3), general business general business notice of motion (for bills) no. 1 (Passenger Transport Amendment Ride-sharing Services) Bill), general business order of the day (for bills) no. 5 (Technical and Further Education Commission Amendment (TAFE Funding Guarantee) Bill), and general business notices of motions (general notices) nos 637 to 685 and 687 to 702, had lapsed.
19 PLACING OR DISPOSAL OF BUSINESS—REMOVAL FROM THE BUSINESS PAPER OF NOTICES OF MOTIONS
The Speaker advised the House that in view of the resignation of the member for Orange and in accordance with past practice, she ordered the removal from the Business Paper of general business notices of motions (general notices) nos 780, 788 and 790.
20 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
(1) Mr Christopher Gulaptis made a statement in support of his notice being accorded priority over the other business of the House.
(2) Ms Kate Washington also made a statement in support of her notice being accorded priority—
That this House:
(1) Condemns the Government for its cynical and politically motivated program of forced Council mergers.
(2) Opposes the anti-democratic decision to leave communities without elected representatives until September 2017 and supports elections being held this year.
(3) Calls on the Government to introduce the Opposition’s integrity reforms that cap political donations and expenditures, and bans developers from holding council office in time for this year’s local government elections.
Question—That the motion of the member for Clarence be accorded priority—put.
The House divided.
AYES 50
Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Ms Gibbons, Ms Goward, Mr Grant, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Piccoli, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.
Tellers: Mr Bromhead and Mr Patterson.
NOES 34
Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr Robertson, Ms T.F. Smith, Ms Washington and Mr Zangari.
Tellers: Mr Lalich and Mr Warren. In the Chair: Mr George.
Pair: Mrs Hancock—Ms K. Smith.
Question passed.
21 MOTION ACCORDED PRIORITY—PACIFIC HIGHWAY UPGRADE
Mr Christopher Gulaptis moved, pursuant to notice, That this House:
(1) Welcomes the record funding the New South Wales and Federal Governments have contributed to the Pacific Highway upgrade.
(2) Notes the Federal Government restored the 80:20 funding split in 2013 after being abandoned by Labor.
(3) Welcomes the fast tracking of upgrades by the New South Wales and Federal Governments, with 66% of the Highway upgrade now open to traffic and the full duplication to be open by 2020.
Debate ensued.
Question put.
The House divided.
AYES 51
Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Ms Gibbons, Ms Goward, Mr Greenwich, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mr Parker, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Piccoli, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mrs Skinner, Ms T.F. Smith, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.
Tellers: Mr Bromhead and Mr Patterson.
NOES 30
Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Robertson, Ms Washington and Mr Zangari.
Tellers: Mr Lalich and Mr Warren. In the Chair: Mr George.
Pairs: Mr Grant—Ms Hay; Mrs Hancock—Ms K. Smith and Mr Kean—Ms Watson.
Question passed.
22 DEATH OF THOMAS LANCELOT LEWIS, A FORMER PREMIER OF THE STATE
Mr Mike Baird moved, That this House extends to the family the deep sympathy of members of the Legislative Assembly in the loss sustained by the death, on 25 April 2016, of the Honourable Thomas Lancelot Lewis, a former Premier of the State.
The motion was seconded by Mr Luke Foley and supported by Mr Troy Grant, Mr Mark Speakman, Ms Gladys Berejiklian, Mr Andrew Constance, Mr Jai Rowell, Mr Lee Evans, and Mr Gareth Ward.
Question put and carried unanimously—members and officers of the House standing.
23 COASTAL MANAGEMENT BILL
The order of the day was read.
Mr Rob Stokes moved, That this bill be now read a second time.
Debate ensued.
Mr Greg Piper, Mr Adam Crouch, and Mr David Harris obtained extensions of time.
Debate continued.
Question put and passed.
Bill read a second time.
Mr Rob Stokes moved, That this bill be now read a third time.
Question put and passed.
Bill read a third time.
24 MESSAGE FROM THE LEGISLATIVE COUNCIL—NORFOLK ISLAND ADMINISTRATION BILL
The Temporary Speaker (Ms Melanie Gibbons) reported the following message from the Legislative Council:
Madam SPEAKER
The Legislative Council having this day passed a bill titled “an Act to authorise New South Wales to provide services and exercise functions in connection with the administration of Norfolk Island” transmits the bill to the Legislative Assembly for concurrence.