First Session of the Fifty-Sixth Parliament

489

LEGISLATIVE ASSEMBLY

2015

FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT

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VOTES AND PROCEEDINGS

No. 44

WEDNESDAY 18 NOVEMBER 2015

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495

VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY

Wednesday 18 November 2015

1  MEETING OF THE HOUSE

The House met at 10.00 am 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  COURTS AND OTHER JUSTICE PORTFOLIO LEGISLATION AMENDMENT BILL

The order of the day was read.

Ms Gabrielle Upton moved, That the Legislative Council amendments be agreed to.

Debate ensued.

Question put and passed.

4  CRIMES AMENDMENT (OFF-ROAD FATAL ACCIDENTS) BILL

The order of the day was read for the resumption of the adjourned debate, on the motion of Ms Gabrielle Upton, That this bill be now read a second time.

Question again proposed and debate resumed.

Question put and passed.

Bill read a second time.

Ms Gabrielle Upton moved, That this bill be now read a third time.

Question put and passed.

Bill read a third time.

5  STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL (NO. 2)

The order of the day was read.

Ms Gabrielle Upton moved, That this bill be now read a second time.

Debate ensued.

Mr Mark Coure moved, That this debate be now adjourned.

Question put and passed.

Ordered, That the resumption of the debate stand an order of the day for a later hour.

6  PRIVACY AND PERSONAL INFORMATION PROTECTION AMENDMENT (EXEMPTIONS CONSOLIDATION) BILL

The order of the day was read.

Ms Gabrielle Upton moved, That the Legislative Council amendments be agreed to.

Debate ensued.

Question put and passed.

7  FISHERIES MANAGEMENT AMENDMENT BILL

The order of the day was read.

Mr Gareth Ward, on behalf of Mr Anthony Roberts, moved, That this bill be now read a second time.

Debate ensued.

Question put and passed.

Bill read a second time.

Mr Christopher Gulaptis, on behalf of Mr Anthony Roberts, moved, That this bill be now read a third time.

Question put and passed.

Bill read a third time.

8  DATA SHARING (GOVERNMENT SECTOR) BILL

The order of the day was read.

Mr Victor Dominello moved, That this bill be now read a second time.

Debate ensued.

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It being 1.15 pm, debate interrupted for community recognition statements.

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Ordered, That the resumption of the debate stand an order of the day for a later hour.

9  COMMUNITY RECOGNITION STATEMENTS

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Point of Order: The Minister for the Environment having taken a point of order in relation to the scope of the community recognition statement made by the Member for Macquarie Fields.

The Temporary Speaker (Mr Adam Marshall) noted that Standing Order 108A (5) states that community recognition statements must not contain:

(a) Matters of policy;

(b) Requests for the Government or the House, or another body to take some form of action or not; or

(c) Criticisms or negative reflections on any person, including Members, Office Holders, the Government, the Opposition or a third party.

For the benefit of members, community recognition statements are an opportunity to recognise people in their electorate, not to raise a matter of substantive policy or criticism of the Government, the Opposition or any third party.

The Temporary Speaker upheld the point of order and asked all members to respect the standing orders.

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The Temporary Speaker (Mr Adam Marshall) left the Chair at 1.38 pm.

The Speaker resumed the Chair at 2.15 pm.

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10  NOTICES OF MOTIONS

11  NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

Mr Matt Kean—Local Government Reform.

Mr Chris Minns—Learning Management and Business Reform System.

12  QUESTION TIME

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(1) Following a request from Mr Greg Aplin pursuant to standing order 131 (3), the Premier, and Minister for Western Sydney provided additional information.

(2) Following a request from Mr Chris Patterson pursuant to standing order 131 (3), the Minister for Education provided additional information.

(3) Following a request from Mr Geoff Provest pursuant to standing order 131 (3), the Minister for Local Government provided additional information.

(4) Following a request from Mr Adam Marshall pursuant to standing order 131 (3), the Minister for Finance, Services and Property provided additional information.

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Disorder: At 3.28 pm, the Speaker directed Mr Clayton Barr to leave the Chamber for five minutes.

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13  PAPERS

(1) Mr Troy Grant tabled:

Reports for the year ended 30 June 2015 of - Responsible Gambling Fund; Greyhound Racing NSW; Racing NSW; Harness Racing New South Wales; Art Gallery of New South Wales; Trustees of the Museum of Applied Arts and Sciences; Sydney Opera House Trust; Library Council of New South Wales; Australian Museum Trust; Independent Liquor and Gaming Authority; New South Wales Crime Commission; Department of Justice; Ministry for Police and Emergency Services; and NSW Police Force.

Report pursuant to section 35 of the Law Enforcement and National Security (Assumed Identities) Act 2010 of the New South Wales Crime Commission for the year ended 30 June 2015, dated 28 September 2015.

Report pursuant to section 35 of the Law Enforcement and National Security (Assumed Identities) Act 2010 of the New South Wales Police Integrity Commission for the year ended 30 June 2015.

(2) Ms Gladys Berejiklian tabled:

Reports for the year ended 30 June 2015 of – Ausgrid; Delta Electricity; Endeavour Energy; Essential Energy; Forestry Corporation of New South Wales; Hunter Water Corporation; Long Service Corporation; New South Wales Treasury (incorporating the State Rail Authority Residual Holding Corporation; Lotteries Assets Ministerial Holding Corporation; Liability Management Ministerial Corporation; Electricity Assets Ministerial Holding Corporation; Residual Business Management Corporation; and Ports Assets Ministerial Holding Corporation) (Volumes One and Two); New South Wales Treasury Corporation; Port Authority of New South Wales; Restart NSW Fund; SAS Trustee Corporation; Superannuation Administration Corporation (trading as Pillar Administration); Sydney Water Corporation (trading as Sydney Water); TransGrid; Trustees of the Parliamentary Contributory Superannuation Fund; and Water NSW.

Consolidated Financial Report of Snowy Hydro Limited for the period 28 June 2014 to 27 June 2015.

(3) Mr Paul Toole tabled the report of the Office of Local Government for the year ended 30 June 2015.

(4) Mr David Elliott tabled:

Reports for the year ended 30 June 2015 of – Fire and Rescue NSW; NSW Rural Fire Service; and New South Wales State Emergency Service.

14  PETITIONS

(1) The Clerk announced that the following member had 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.

Mr Alex Greenwich—from certain citizens requesting increased mental health support for people with mental illness who are tenants of Housing NSW and Community Housing.

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

Mr Alex Greenwich—from certain citizens requesting a ban on hunting with pig-dogs in New South Wales.

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

The Hon. Duncan Gay—lodged 13 October 2015—Requesting that the Government halt the tender and construction processes for the WestConnex and establish a parliamentary inquiry into the project—(Ms Jenny Leong).

The Hon. Jillian Skinner—lodged 13 October 2015—Requesting that legislation be retained requiring that a registered nurse be on duty at all times and the appointment of a director of nursing in all New South Wales nursing homes—(Mr Troy Grant).

15  RE-ORDERING OF GENERAL BUSINESS

Mr Christopher Gulaptis moved, That the general business notice of motion (general notice) given by him this day (Skills Development) have precedence on Thursday 19 November 2015.

Debate ensued.

Question put.

The House divided.

AYES 51

Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Mr Gee, Mr George, Ms Gibbons, Ms Goward, Mr Grant, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, 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, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.

Tellers: Mr Bromhead and Mr Patterson.

NOES 38

Ms Aitchison, Mr Atalla, Mr Barr, Ms Burney, 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 Hay, Ms Haylen, Mr Hoenig, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr Robertson, Ms K. Smith, Ms T.F. Smith, Ms Washington, Ms Watson and Mr Zangari.

Tellers: Mr Lalich and Mr Warren. In the Chair: Mrs Hancock.

Pair: Mr Maguire—Ms Hornery.

Question passed.

16  SUSPENSION OF STANDING AND SESSIONAL ORDERS—ROUTINE OF BUSINESS

Mr Anthony Roberts moved, That standing and sessional orders be suspended:

(1) At this sitting to:

(a) Provide for the following routine of business after the placing or disposal of business:

(i) Consideration of the motion of censure in the Attorney General given by the Leader of the Opposition this day;

(ii) Motion accorded priority;

(iii) Government business;

(iv) Private members’ statements;

(v) Matter of public importance; and

(vi) The House to adjourn without motion moved at the conclusion of the matter of public importance.

(b) Permit the determination of the motion of censure and the motion accorded priority after 4.00 pm.

(c) Provide for the following speaking time limits on the motion of censure:

(i) Mover – 10 minutes;

(ii) Leader of the House – 10 minutes;

(iii) One further Opposition member – 5 minutes;

(iv) One further Government member – 5 minutes;

(v) One Greens member – 5 minutes;

(vi) Member for Lake Macquarie – 5 minutes;

(vii) Member for Sydney – 5 minutes;

(viii) Response by the Attorney General – 10 minutes; and

(ix) Mover in reply – 5 minutes.

(2) On Thursday 19 November 2015 to permit Government business to take precedence of general business.

Debate ensued.

Question put.

The House divided.

AYES 51

Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Mr Gee, Mr George, Ms Gibbons, Ms Goward, Mr Grant, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, 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, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.

Tellers: Mr Bromhead and Mr Patterson.

NOES 37

Ms Aitchison, Mr Atalla, Mr Barr, Ms Burney, 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 Hay, Ms Haylen, Mr Hoenig, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Park, Mr Parker, Mr Piper, Mr Robertson, Ms K. Smith, Ms T.F. Smith, Ms Washington, Ms Watson and Mr Zangari.

Tellers: Mr Lalich and Mr Warren. In the Chair: Mrs Hancock.

Pairs: Mr Maguire—Ms Hornery and Mr Tudehope—Mr Minns.

Question passed.

17  CENSURE OF THE ATTORNEY GENERAL

Mr Luke Foley moved, pursuant to notice, That this House censures the Attorney General for:

(1) Her failure to fully and properly explain her apparent breaches of the Ministerial Code of Conduct and the Members Code of Conduct.

(2) The maladministration of her portfolio.

Debate ensued.

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Disorder: At 4.44 pm, the Speaker directed Mr Chris Minns to leave the Chamber until the conclusion of the motion of censure.

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Debate continued.

Question put.

The House divided.

AYES 30

Ms Aitchison, Mr Barr, Ms Burney, Ms Car, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Harris, Ms Harrison, Ms Hay, Ms Haylen, Mr Hoenig, Mr Kamper, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Park, Mr Robertson, Ms K. Smith, Ms Washington, Ms Watson and Mr Zangari.

Tellers: Mr Lalich and Mr Warren.

NOES 55

Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Mr Gee, Mr George, Ms Goward, Mr Grant, Mr Greenwich, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Ms Leong, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mr Parker, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Piccoli, Mr Piper, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mrs Skinner, Ms T.F. Smith, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.

Tellers: Mr Bromhead and Mr Patterson. In the Chair: Ms Gibbons.

Pairs: Mr Atalla—Mr Maguire and Ms Catley—Mr Tudehope.

Question negatived.

18  MESSAGE FROM THE LEGISLATIVE COUNCIL

The Temporary Speaker (Ms Melanie Gibbons) reported a message from the Legislative Council dated 18 November 2015, returning the Betting Tax Legislation Amendment Bill, without amendment.

19  NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

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

(2) Mr Chris Minns also made a statement in support of his notice being accorded priority—

That this House:

(1) Notes that a senior public servant of the Department of Education has said that the Learning Management and Business Reform (LMBR) system has “placed additional unanticipated pressure” on the education budget.

(2) Notes that the Treasurer confirmed during 2015 budget estimates hearings that no budget enhancements would be provided to cover the LMBR cost blow out.

(3) Calls on the Minister for Education to explain exactly when his $1 billion IT system will be completed and what cuts he will make to other education programs to fund the LMBR.