No. 126—11 February 2016 1445
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LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY
2012–2013–2014–2015–2016
MINUTES OF PROCEEDINGS
No. 126
Thursday, 11 February 2016
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1 The Assembly met at 10 a.m., pursuant to adjournment. The Speaker (Mrs Dunne) took the Chair and asked Members to stand in silence and pray or reflect on their responsibilities to the people of the Australian Capital Territory.
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2 Victims of Crime (Financial Assistance) Bill 2016
Mr Corbell (Attorney-General), pursuant to notice, presented a Bill for an Act to provide financial assistance for people affected by acts of violence, and for other purposes.
Papers: Mr Corbell presented the following papers:
Explanatory statement to the Bill.
Human Rights Act, pursuant to section 37—Compatibility statement, dated 9February 2016.
Title read by Clerk.
Mr Corbell moved—That this Bill be agreed to in principle.
Mr Corbell, by leave, was granted an extension of time.
Debate adjourned (Mr Hanson—Leader of the Opposition) and the resumption of the debate made an order of the day for the next sitting.
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3 Domestic Violence and Protection Orders Amendment Bill 2016
Mr Corbell (Attorney-General), pursuant to notice, presented a Bill for an Act to amend the Domestic Violence and Protection Orders Act 2008, and for other purposes.
Papers: Mr Corbell presented the following papers:
Explanatory statement to the Bill.
Human Rights Act, pursuant to section 37—Compatibility statement, dated 9February 2016.
Title read by Clerk.
Mr Corbell moved—That this Bill be agreed to in principle.
Debate adjourned (Mr Hanson—Leader of the Opposition) and the resumption of the debate made an order of the day for the next sitting.
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4 Youth Suicide in the A.c.t.—Select Committee—Proposed establishment—Health, Ageing, Community and Social Services—Standing Committee—Reference—Youth suicide and self-harm in the A.C.T.
Mrs Jones, pursuant to notice, moved—That this Assembly:
(1) notes that, according to the ABS’ last recorded data from “Causes of Death” in 2013:
(a) a third of young people aged 15-25 who died in the ACT in 2013 died as a result of suicide;
(b) in 2013, suicide was the leading cause of death of children between 5and 17 years of age;
(c) intentional self-harm is one of the top ten leading causes of death in males;
(d) 37 persons died due to suicide in the ACT in 2013, which is a 54% increase on the previous year;
(e) there was a 13% increase of persons aged 15-19 dying from suicide in Australia in 2013 compared to 2012;
(f) between 2011 and 2013, there were more deaths by suicide in the ACT than there were in transport accidents;
(g) intentional self-harm is the leading cause of death among Australian children and young people aged 15-24 years;
(h) as at November 2014, one child under 18 years of age takes their own life every week, and 18 227 children and young people were hospitalised in Australia for intentional self-harm over the last five years;
(i) between 50 and 60 children every week are admitted to hospital for self-harming incidents in Australia; and
(j) there has been a 650% increase in deaths from self-harm, when comparing 12 and 13 year olds with 14 and 15 year olds from 2007 to 2012;
(2) resolves to establish a select committee on youth suicide in the ACT;
(3) that the committee will be comprised of two members of the Government and two members of the Opposition, with proposed members to be nominated to the Speaker by 4pm this sitting day; and
(4) the committee report by the last sitting day of this term.
Mr Corbell (Minister for Health) moved the following amendment: Omit all words after “(2)”, substitute:
“(2) resolves to refer the issues related to youth suicide and self-harm to the Standing Committee on Health, Ageing, Community and Social Services to examine the extent and impact of these in the ACT, having regard to:
(a) ACT Government and Commonwealth Government roles and responsibilities in regard to youth mental health and suicide prevention, particularly in relation to the recently announced Commonwealth response to the National Mental Health Commission Report and the mental health and suicide commissioning role for the Primary Healthcare Networks as it affects the ACT;
(b) any gaps or duplicate roles and responsibilities;
(c) whether there are unique factors contributing to youth suicide in the ACT, taking into account the small number of young people who have died by suicide in the ACT in recent years, and the impact public investigation may have on families and close friends, that can be identified through submissions and expert witnesses; and
(d) ACT Government-funded services, agencies and institutions, including schools, youth centres, and specialist housing service providers’ role in promoting resilience and responding to mental health issues in children and young people; and
the Standing Committee on Health, Ageing, Community and Social Services will report back to the Legislative Assembly by the last sitting day of 2016.”.
Debate continued.
Mrs Jones moved the following amendment to Mr Corbell’s proposed amendment: Omit “the last sitting day of 2016”, substitute “the last sitting day of this Assembly”.
Amendment to proposed amendment agreed to.
Amendment, as amended, agreed to.
Mrs Jones addressing the Assembly—
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It being 45 minutes after the commencement of Assembly business—
Ordered—That the time allotted to Assembly business be extended by 30 minutes.
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Mrs Jones continued.
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Question—That the motion, as amended, viz:
“That this Assembly:
(1) notes that, according to the ABS’ last recorded data from “Causes of Death” in 2013:
(a) a third of young people aged 15-25 who died in the ACT in 2013 died as a result of suicide;
(b) in 2013, suicide was the leading cause of death of children between 5and 17 years of age;
(c) intentional self-harm is one of the top ten leading causes of death in males;
(d) 37 persons died due to suicide in the ACT in 2013, which is a 54% increase on the previous year;
(e) there was a 13% increase of persons aged 15-19 dying from suicide in Australia in 2013 compared to 2012;
(f) between 2011 and 2013, there were more deaths by suicide in the ACT than there were in transport accidents;
(g) intentional self-harm is the leading cause of death among Australian children and young people aged 15-24 years;
(h) as at November 2014, one child under 18 years of age takes their own life every week, and 18 227 children and young people were hospitalised in Australia for intentional self-harm over the last five years;
(i) between 50 and 60 children every week are admitted to hospital for self-harming incidents in Australia; and
(j) there has been a 650% increase in deaths from self-harm, when comparing 12 and 13 year olds with 14 and 15 year olds from 2007 to 2012; and
(2) resolves to refer the issues related to youth suicide and self-harm to the Standing Committee on Health, Ageing, Community and Social Services to examine the extent and impact of these in the ACT, having regard to:
(a) ACT Government and Commonwealth Government roles and responsibilities in regard to youth mental health and suicide prevention, particularly in relation to the recently announced Commonwealth response to the National Mental Health Commission Report and the mental health and suicide commissioning role for the Primary Healthcare Networks as it affects the ACT;
(b) any gaps or duplicate roles and responsibilities;
(c) whether there are unique factors contributing to youth suicide in the ACT, taking into account the small number of young people who have died by suicide in the ACT in recent years, and the impact public investigation may have on families and close friends, that can be identified through submissions and expert witnesses; and
(d) ACT Government-funded services, agencies and institutions, including schools, youth centres, and specialist housing service providers’ role in promoting resilience and responding to mental health issues in children and young people; and
the Standing Committee on Health, Ageing, Community and Social Services will report back to the Legislative Assembly by the last sitting day of this Assembly.”—
be agreed to—put and passed.
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5 Planning and Development Act—Variation to the Territory Plan No. 343—Motion to Reject
Mr Coe, pursuant to notice, moved—That this Assembly, in accordance with subsection80(2) of the Planning and Development Act 2007, rejects Variation No.343 to the Territory Plan—Residential blocks surrendered under the loose fill asbestos insulation eradication scheme.
Debate ensued.
Mr Rattenbury addressing the Assembly—
The extended time allotted to Assembly business having expired—
Suspension of standing orders—Continuation of debate and calling on notice No. 5, Assembly business: MrGentleman (Manager of Government Business) moved—That so much of the standing orders be suspended as would prevent the Assembly concluding its consideration of notice No. 2, Assembly business, relating to the proposed rejection of Variation No. 343 to the Territory Plan, and notice No. 5, Assembly business, relating to the proposed disallowance of Disallowable Instrument DI2015-308 being called on and concluded.
Question—put and passed, with the concurrence of an absolute majority.
Mr Rattenbury continued.
Question—put.
The Assembly voted—
AYES, 8 / NOES, 9Mr Coe / Ms Lawder / Mr Barr / Ms Fitzharris
Mr Doszpot / Mr Smyth / Ms Berry / Mr Gentleman
Mrs Dunne / Mr Wall / Dr Bourke / Ms Porter
Mr Hanson / Ms Burch / Mr Rattenbury
Mrs Jones / Mr Corbell
And so it was negatived.
6 pLANNING AND dEVELOPMENT aCT—pLANNING AND dEVELOPMENT (lAND rENT pAYOUT) pOLICY dIRECTION 2015 (nO.1)—Disallowable Instrument DI2015-308—mOTION TO DISALLOW
Ms Burch, pursuant to notice, moved—That Disallowable Instrument DI2015-308, being the Planning and Development (Land Rent Payout) Policy Direction 2015 (No.1), be disallowed.
Debate ensued.
Mr Coe, who had already spoken, by leave, again addressed the Assembly.
Mr Gentleman (Minister for Planning and Land Management), who had already spoken, by leave, again addressed the Assembly.
Mr Rattenbury, who had already spoken, by leave, again addressed the Assembly.
Mr Gentleman, who had already spoken, by leave, again addressed the Assembly.
Question—put.
The Assembly voted—
AYES, 8 / NOES, 9Mr Coe / Ms Lawder / Mr Barr / Ms Fitzharris
Mr Doszpot / Mr Smyth / Ms Berry / Mr Gentleman
Mrs Dunne / Mr Wall / Dr Bourke / Ms Porter
Mr Hanson / Ms Burch / Mr Rattenbury
Mrs Jones / Mr Corbell
And so it was negatived.
7 QUESTIONS
Questions without notice were asked.
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8 Financial Management Act—Establishment of EpiAxis Therapeutics Pty Ltd to commercialise a new treatment for breast cancer (University of Canberra)—Written statement—PAPER AND STATEMENT BY MINISTER
Mr Barr (Treasurer) presented the following paper:
Financial Management Act, pursuant to subsection 98(4)—Establishment of EpiAxis Therapeutics Pty Ltd to commercialise a new treatment for breast cancer (University of Canberra)—Written statement—
and, by leave, made a statement in relation to the paper.
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9 Financial Management Act—Consolidated Financial Report—PAPER AND STATEMENT BY MINISTER
Mr Barr (Treasurer) presented the following paper:
Financial Management Act, pursuant to section 26—Consolidated Financial Report—Financial quarter ending 31 December 2015, including financial instruments signed during the quarter—
and, by leave, made a statement in relation to the paper.
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10 PRESENTATION OF PAPER
Mr Corbell (Attorney-General) presented the following paper:
Human Rights Commission Act, pursuant to subsection 87(2)—Protecting privacy of personal health information in Court or Tribunal proceedings—A report of the ACT Health Services Commissioner, dated 22 January 2016.
11 PRESENTATION OF PAPER
Mr Corbell (Minister for Health) presented the following papers:
Gene Technology Act—Operations of the Gene Technology Regulator, pursuant to—
Subsection 136(2)—Annual report 2014-15, dated 6 October 2015.
Subsection 136A(3)—Quarterly report—1 April to 30 June 2015, dated 15 September 2015.
Health (National Health Funding Pool and Administration) Act, pursuant to subsection 25(4)—Administrator of the National Health Funding Pool—Annual Report 2014-15, dated 28 October 2015.
National Health Funding Body—Annual report 2014-15, dated 28 October 2015.
12 PRESENTATION OF PAPERs
Mr Gentleman (Manager of Government Business) presented the following papers:
Performance reports
Financial Management Act, pursuant to section 30E—Half-yearly directorate performance reports—December 2015, for the following directorates or agencies:
Capital Metro Agency.
Chief Minister, Treasury and Economic Development Directorate, dated February 2016.
Community Services Directorate, dated February 2016.
Education and Training Directorate, dated February 2016.
Environment and Planning Directorate, dated February 2016.
Health Directorate, incorporating the ACT Local Hospital Network, dated February 2016.
Justice and Community Safety Directorate (Attorney-General and Police and Emergency Services portfolios), dated February 2016.
Justice and Community Safety Directorate (Justice portfolio), dated February 2016.
Territory and Municipal Services Directorate, dated February 2016.
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13 MATTER OF PUBLIC IMPORTANCE—DISCUSSION—Penalty rates—Low paid workers
The Assembly was informed that Ms Burch, Mr Coe, Mr Hanson (Leader of the Opposition), Mrs Jones, Ms Porter and Mr Wall had proposed that matters of public importance be submitted to the Assembly for discussion. In accordance with the provisions of standing order 79, the Speaker had determined that the matter proposed by Ms Burch be submitted to the Assembly, namely, “The importance of maintaining penalty rates for low paid workers in Canberra”.
Discussion ensued.
Discussion concluded.
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14 Public Accounts—Standing Committee—Consideration of Statutory Appointments—Statement by DEPUTY Chair—Paper
Ms Porter (Deputy Chair), pursuant to standing order 246A and Continuing Resolution 5A, made a statement concerning consideration of statutory appointments by the Standing Committee on Public Accounts.
Paper: Ms Porter, pursuant to Continuing Resolution 5A, presented the following paper:
Public Accounts—Standing Committee—Schedule of Statutory Appointments—8thAssembly—Period 1 July to 31 December 2015.