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LEGISLATIVE ASSEMBLY

2015-16-17

FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT

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VOTES AND PROCEEDINGS

No. 109

TUESDAY 28 MARCH 2017

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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY

Tuesday 28 March 2017

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

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The Temporary Speaker (Ms Anna Watson) left the Chair at 1.29 pm.

The Speaker resumed the Chair at 2.15 pm.

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4 SPEAKER’S STATEMENT—WESTMINSTER TERRORIST INCIDENT

The Speaker made a statement in relation to the terrorist incident at Westminster in the United Kingdom on 22 March 2017.

Members and officers stood as a mark of respect.

5 SPEAKER’S STATEMENT—CENTENARY OF THE FIRST WORLD WAR

The Speaker made a statement in relation to the Centenary of the First World War and the fighting at Arras and Bullecourt in April 1917.

6 MESSAGES FROM THE GOVERNOR

The Speaker reported messages from His Excellency the Governor assenting to the following bills:

14 March 2017

Act No. 5 Biosecurity Amendment Bill

Act No. 6 Fines Amendment Bill

Act No. 7 Sporting Venues Authorities Amendment Bill.

7 VACANT SEAT—ELECTORAL DISTRICT OF GOSFORD

The Speaker informed the House that, in accordance with section 70 of the Parliamentary Electorates and Elections Act 1912, she had issued a writ on 17 March 2017 for the election of a member to serve in place of Kathleen Smith.

Nomination day Thursday 23 March 2017

Polling day Saturday 8 April 2017

Return of Writ Tuesday 16 May 2017.

8 VACANT SEAT—ELECTORAL DISTRICT OF MANLY

The Speaker informed the House that, in accordance with section 70 of the Parliamentary Electorates and Elections Act 1912, she had issued a writ on 17 March 2017 for the election of a member to serve in place of Michael Bruce Baird.

Nomination day Thursday 23 March 2017

Polling day Saturday 8 April 2017

Return of Writ Tuesday 16 May 2017.

9 VACANT SEAT—ELECTORAL DISTRICT OF NORTH SHORE

The Speaker informed the House that, in accordance with section 70 of the Parliamentary Electorates and Elections Act 1912, she had issued a writ on 17 March 2017 for the election of a member to serve in place of Jillian Gell Skinner.

Nomination day Thursday 23 March 2017

Polling day Saturday 8 April 2017

Return of Writ Tuesday 16 May 2017.

10 NOTICES OF MOTIONS

11 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

Mr Gareth Ward—Government Election Commitments.

Ms Jodi McKay—Northern Beaches Tunnel.

12 QUESTION TIME

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(1) Following a request from Ms Melanie Gibbons pursuant to standing order 131 (3), the Premier provided additional information.

(2) Following a request from Mr Adrian Piccoli pursuant to standing order 131 (3), the Deputy Premier, Minister for Regional New South Wales, Minister for Skills, and Minister for Small Business provided additional information.

(3) Following a request from Dr Geoff Lee pursuant to standing order 131 (3), the Treasurer, and Minister for Industrial Relations provided additional information.

(4) Following a request from Mr Kevin Humphries pursuant to standing order 131 (3), the Minister for Roads, Maritime and Freight provided additional information.

(5) Following a request from Mr Chris Patterson pursuant to standing order 131 (3), the Minister for Transport and Infrastructure provided additional information.

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13 PAPERS

Mr Mark Speakman tabled the report by the Attorney General pursuant to section 42 of the Workplace Surveillance Act 2005 for 2016.

14 COMMITTEE ON THE INDEPENDENT COMMISSION AGAINST CORRUPTION

Mr Geoff Provest, Deputy Chair, in accordance with Standing Order 299 (1), informed the House that the Committee on the Independent Commission Against Corruption had resolved to conduct an inquiry into protections for people who make voluntary disclosures to the Independent Commission Against Corruption, the full details of which were available on the Committee’s home page.

15 LEGISLATION REVIEW COMMITTEE

Mr Michael Johnsen, Chair, tabled the report of the Legislation Review Committee entitled “Legislation Review Digest No. 33/56”, dated 28 March 2017.

Ordered to be printed.

Mr Michael Johnsen also tabled the minutes of the committee meeting regarding Legislation Review Digest No. 32/56.

16 PASSENGER TRANSPORT ACT

The Clerk, in accordance with section 46D of the Passenger Transport Act 1990, announced receipt of the Office of Transport Safety Investigations Report entitled “Bus Safety Investigation Report, Bus Fire, Sydney Harbour Bridge, Milsons Point, 15 September 2016” (received 10 March 2017).

17 STATE OWNED CORPORATIONS ACT

The Clerk, in accordance with section 27 of the State Owned Corporations Act 1989, announced receipt of a Direction to the Board of WaterNSW to secure the water supply of Broken Hill 2016 pursuant to section 20P of the State Owned Corporations Act, dated 21 November 2016 (received 16 March 2017).

18 AUDITOR-GENERAL

The Clerk, in accordance with section 63C of the Public Finance and Audit Act 1983, announced receipt of the Auditor-General’s Financial Audit Report entitled “Members’ Additional Entitlements 2016”, dated March 2017 (received 21 March 2017).

19 JOINT STANDING COMMITTEE ON ROAD SAFETY

The Clerk announced receipt of the Government Response to Report 2/56 of the Joint Standing Committee on Road Safety entitled “Driverless vehicles and road safety in NSW” (received 21 March 2017).


20 JOINT STANDING COMMITTEE ON THE OFFICE OF THE VALUER-GENERAL

The Clerk announced receipt of the Government Response to Report 1/56 of the Joint Standing Committee on the Office of the Valuer-General entitled “Report on the Tenth General Meeting with the Valuer-General” (received 22 March 2017).

21 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 6 March 2017

Building and Construction Industry Security of Payment Act 1999—Building and Construction Industry Security of Payment Amendment (Trust Account Holders) Regulation 2017 (LW 10 March 2017).

Drug and Alcohol Treatment Act 2007—Drug and Alcohol Treatment Regulation 2017 (LW 10 March 2017).

Explosives Act 2003—Explosives Amendment (Temporary Amnesty) Regulation 2017 (LW 10 March 2017).

Local Government Act 1993—Local Government (General) Amendment (Minimum Rates) Regulation 2017 (LW 10 March 2017).

Public Health (Tobacco) Act 2008—Public Health (Tobacco) Amendment (E-Cigarettes) Regulation 2017 (LW 10 March 2017).

Waste Avoidance and Resource Recovery Act 2001—Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulation 2017 (LW 10 March 2017).

Workers Compensation Act 1987—Workers Compensation Amendment (Latest Index Number) Regulation 2017 (LW 10 March 2017).

(2) For the week beginning 13 March 2017

Child Protection (Offenders Prohibition Orders) Act 2004—Child Protection (Offenders Prohibition Orders) Amendment (Corresponding Laws) Regulation 2017 (LW 17 March 2017).

Health Services Act 1997—Health Services Amendment (Appointment of Arbitrator) Regulation 2017 (LW 17 March 2017).

Motor Racing (Sydney and Newcastle) Act 2008—Motor Racing (Sydney and Newcastle) Regulation 2017 (LW 17 March 2017).

Sporting Venues Authorities Act 2008—Sporting Venues Authorities Amendment (Boards of Management) Regulation 2017 (LW 17 March 2017).

University of Newcastle Act 1989—University of Newcastle By-law 2017 (LW 17 March 2017).

Western Sydney University Act 1997—Western Sydney University By-law 2017 (LW 17 March 2017).

(3) For the week beginning 20 March 2017

Conveyancing Act 1919—Conveyancing (General) Amendment (LPI Authorised Transaction) Regulation 2017 (LW 24 March 2017).

Drug Misuse and Trafficking Act 1985—Drug Misuse and Trafficking Amendment (Drug Exhibits) Regulation 2017 (LW 24 March 2017).

Government Sector Employment Act 2013—Government Sector Employment Amendment (Transfer of Staff of Sydney Cricket and Sports Ground Trust) Regulation 2017 (LW 24 March 2017).

Public Authorities (Financial Arrangements) Act 1987—Public Authorities (Financial Arrangements) Amendment (Cobbora) Regulation 2017 (LW 24 March 2017).

Real Property Act 1900—Real Property Amendment (LPI Authorised Transaction) Regulation 2017 (LW 24 March 2017).

Strata Schemes Development Act 2015—Strata Schemes Development Amendment (LPI Authorised Transaction) Regulation 2017 (LW 24 March 2017).

22 PETITIONS

(1) The Clerk announced that the following member had lodged petitions for presentation:

Mr Alex Greenwich—from certain citizens opposing the sale of animals in pet shops.

Mr Alex Greenwich—from certain citizens requesting that museum services be expanded around New South Wales and the Powerhouse Museum remain in Ultimo.

Mr Alex Greenwich—from certain citizens requesting new inner city ferries.

Mr Alex Greenwich—from certain citizens requesting more reliable 389 bus services.

Mr Alex Greenwich—from certain citizens requesting that the Sirius building be retained and continue to function as social housing.

Mr Alex Greenwich—from certain citizens opposing the sale of public housing in Millers Point, Dawes Point and The Rocks.

(2) The Clerk also announced receipt of the following ministerial responses to petitions signed by 500 or more persons:

The Hon. Anthony Roberts—lodged 14 February 2017—Requesting the implementation and funding for the recommendations made in the Stockton Coastline Management Study (2009) - Coastal Zone Management Study Report—(Mr Tim Crakanthorp).

The Hon. Rob Stokes—lodged 14 February 2017—Requesting the approval, funding and building of a state secondary school in Pottsville—(Mr Geoff Provest).

The Hon. Pru Goward—lodged 14 February 2017—Requesting the Government restore funding to the Tweed Valley Women’s Service—(Ms Jenny Aitchison).

The Hon. Brad Hazzard—lodged 16 February 2017—Requesting that the Government review the Fluoridation of Public Water Supplies Act 1957—(Mr Adrian Piccoli).

23 PLACING OR DISPOSAL OF BUSINESS—LAPSING OF GENERAL BUSINESS

The Speaker advised the House that in accordance with standing order 105 (3), general business order of the day (for bills) no. 1 (Steel Industry Protection Bill) and no. 5 (City of Sydney Amendment (Restoring Equal Voting Rights) Bill), and general business notices of motions (general notices) nos 1328 to 1361, 1363 to 1414, and 1416 to 1432, had lapsed.

Ordered, That a message be sent informing the Legislative Council that the Steel Industry Protection Bill had lapsed.

24 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

(1) Mr Gareth Ward made a statement in support of his notice being accorded priority over the other business of the House.

(2) Ms Jodi McKay also made a statement in support of her notice being accorded priority—

That this House:

(1) Notes the Government has announced an uncosted and unfunded proposal for a northern beaches tunnel with no dates for the commencement or completion of construction.

(2) Notes that this tunnel would connect with an uncosted and unfunded proposal for a second harbour crossing that also has no dates for the commencement or completion of construction.

(3) Fully understands the community’s jaundiced response to the Government decision to make these cynical, unfunded promises in the middle of by-election campaigns for Manly and North Shore.

Question—That the motion of the member for Kiama be accorded priority—put.

The House divided.

AYES 48

Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Ms Berejiklian, Mr Brookes, 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, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.

Tellers: Mr Bromhead and Mr Patterson.

NOES 37

Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Ms Cotsis, Mr Crakanthorp, Mr Daley, Mr Dib, Mr Donato, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Piper, Mr Robertson, Mr Scully, Ms T.F. Smith, Mr Warren, Ms Washington and Mr Zangari.

Tellers: Mr Lalich and Ms Watson. In the Chair: Mr George.

Pair: Mr Tudehope—Ms Hornery.

Question passed.


25 MOTION ACCORDED PRIORITY—GOVERNMENT ELECTION COMMITMENTS

Mr Gareth Ward moved, pursuant to notice, That this House:

(1) Acknowledges that today marks the second anniversary of the Government’s re-election.

(2) Notes since being elected we have seen some 300,000 jobs created in New South Wales.

(3) Recognises the Government has delivered on more than 200 of its 2015 election commitments, with even more under way.

(4) Condemns the Opposition for still having no plan for New South Wales after six years.

Debate ensued.

Question put.

The House divided.

AYES 48

Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Ms Berejiklian, Mr Brookes, 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, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.

Tellers: Mr Bromhead and Mr Patterson.

NOES 36

Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Ms Cotsis, Mr Crakanthorp, Mr Daley, Mr Dib, Mr Donato, Ms Doyle, Ms Finn, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Piper, Mr Robertson, Mr Scully, Ms T.F. Smith, Mr Warren, Ms Washington and Mr Zangari.

Tellers: Mr Lalich and Ms Watson. In the Chair: Mr George.

Pairs: Mrs Hancock—Mr Foley and Mr Tudehope—Ms Hornery.

Question passed.

26 FIRE AND EMERGENCY SERVICES LEVY BILL

The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Dominic Perrottet, That this bill be now read a second time.

Question again proposed and debate resumed.

Mr Jonathan O’Dea and Mr Clayton Barr obtained extensions of time.

Debate continued.

Question put and passed.

Bill read a second time.

Mr Ryan Park having requested the bill be considered in detail—

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The Temporary Speaker (Mr Adam Crouch), by leave, proposed the bill in groups of clauses and schedules.

Clauses 1 to 150 and Schedules 1 to 4

Question proposed—That the clauses and schedules be agreed to.

Mr Ryan Park moved, by leave together:

No. 1 Description of levy

Page 27, clause 78 (3), lines 16 and 17. Omit all words on those lines. Insert instead “The levy is to be described as the “NSW Government Fire and Emergency Services Levy—this is a NSW Government charge” or as the “NSW Government FESL—this is a NSW Government charge”. The description may include a reference to the”.

No. 2 Payments by Commonwealth lessees

Page 48. Insert after line 34:

151 Report on negotiations with Commonwealth lessees

(1) The Minister is to negotiate with Commonwealth lessees for the purpose of securing contributions from them in lieu of the levy.

(2) A report on the outcome or progress of those negotiations is to be tabled in each House of Parliament by 30 November 2017.