Legislative Council s2

Minutes of the Proceedings 463

LEGISLATIVE COUNCIL

MINUTES OF THE PROCEEDINGS

Nos. 77, 78 and 79

No. 77 — Tuesday, 21 June 2016

1 The President took the Chair and read the Prayer.

2 ASSENT TO ACTS — The President read a Message from the Administrator of Victoria informing the Council that he had, on 15 June 2016, given the Royal Assent to the following Acts presented to him by the Clerk of the Parliaments:

Transport (Compliance and Miscellaneous) Amendment (Public Safety) Act 2016

Witness Protection Amendment Act 2016.

3 FAMILY AND COMMUNITY DEVELOPMENT COMMITTEE — The President read a letter from Ms Sheed resigning from the Family and Community Development Committee, effective from today.

4 QUESTIONS — Questions without notice were taken pursuant to Sessional Order 3.

* * * * *

QUESTIONS DIRECTED FOR WRITTEN RESPONSE — The President directed written responses be provided to questions without notice pursuant to Sessional Order 5 as follows:

· CFA Board meeting — substantive and supplementary questions asked by MsWooldridge — response from MrDalidakis due Thursday, 23 June 2016.

· CFA Chief Executive Officer interviews — substantive and supplementary questions asked by MrRamsay — response from MrDalidakis due Thursday, 23 June 2016.

· CFA Chief Executive Officer appointment — substantive and supplementary questions asked by MrFinn — response from MrDalidakis due Thursday, 23 June 2016.

· Dairy farmer assistance — substantive and supplementary questions asked by MsBath — response from MsPulford due Wednesday, 22 June 2016.

· Early childhood educators — substantive and supplementary questions asked by MrMorris — response from MsMikakos due Wednesday, 22 June 2016.

· Welfare of sex workers — substantive and supplementary questions asked by MsPatten — response from MrDalidakis due Thursday, 23 June 2016.

· Adler lever action firearm — substantive and supplementary questions asked by MsPennicuik — response from MrHerbert due Thursday, 23 June 2016.

· Westgate Freeway ramps — substantive question asked by MsHartland — response from MsPulford due Thursday, 23 June 2016.

* * * * *

QUESTION DIRECTED FOR FURTHER WRITTEN RESPONSE — The President directed a further written response be provided to a question without notice pursuant to Sessional Order 5 as follows:

· Victorian Comprehensive Cancer Centre – bed capacity — supplementary question asked by MsWooldridge on Tuesday, 7 June 2016 — further response from Ms Mikakos due Thursday, 24 June 2016.

5 CONSTITUENCY QUESTIONS — Constituency questions were taken pursuant to Sessional Order 4.

6 PETITIONS —

SKY RAIL — Mr Rich-Phillips presented a Petition bearing 1,003 signatures from certain citizens of Victoria requesting that the Legislative Council calls on the Andrews Labor Government to rule out a Sky Rail design for the Frankston Line and ensure that level crossings at Cheltenham, Mentone, Edithvale, Bonbeach, Carrum, Seaford and Frankston are placed underground and to ensure that the community is properly consulted regarding potential upgrades to infrastructure at stations where level crossings are not being removed, such as Parkdale and Mordialloc.

Ordered to lie on the Table.

On the motion of MrRich-Phillips, the petition was ordered to be taken into consideration on the next day of meeting.

* * * * *

REVERSE CHRISTMAS CAROL BAN — Ms Lovell presented a Petition bearing 8 signatures from certain citizens of Victoria requesting that the Legislative Council ensures that the Andrews Government reverse the ban on singing traditional Christmas carols in Victorian Government schools.

Ordered to lie on the Table.

* * * * *

COUNTRY FIRE AUTHORITY CONTROL — MsLovell presented a Petition bearing 58 signatures from certain citizens of Victoria requesting that the Legislative Council ensures that the Premier does not hand control of the Country Fire Authority to the United Firefighters Union.

Ordered to lie on the Table.

On the motion of Ms Lovell, the petition was ordered to be taken into consideration on the next day of meeting.

7 EQUAL OPPORTUNITY AMENDMENT (EQUALITY FOR STUDENTS) BILL 2016 — MsPennicuik introduced A Bill for an Act to amend the Equal Opportunity Act 2010 to provide that religious schools cannot discriminate against students on the basis of sex, sexual orientation, lawful sexual activity, marital status, parental status or gender identity.

On the motion of Ms Pennicuik, the Bill was read a first time and ordered to be read a second time on the next day of meeting.

8 PAPERS —

HAZELWOOD MINE FIRE INQUIRY: VICTORIAN GOVERNMENT IMPLEMENTATION PLAN — Ms Pulford moved, by leave, That there be laid before this House a copy of the Hazelwood Mine Fire Inquiry: Victorian Government Implementation Plan, June 2016.

Question — put and agreed to.

The Report was presented by Ms Pulford and ordered to lie on the Table and to be published.

* * * * *

SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — ALERT DIGEST — Mr Dalla-Riva presented Alert Digest No. 9 of 2016 (including Appendices) from the Scrutiny of Acts and Regulations Committee.

Ordered to lie on the Table and to be published.

MrDalla-Riva moved, That the Council take note of the Report.

Debate ensued.

Question — put and agreed to.

SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — ANNUAL REVIEW 2015 REGULATIONS AND LEGISLATIVE INSTRUMENTS — Mr Dalla-Riva presented the Annual Review 2015 from the Scrutiny of Acts and Regulations Committee on Regulations and Legislative Instruments (including Appendices).

Ordered to lie on the Table and to be published.

MrDalla-Riva moved, That the Council take note of the Report.

Debate ensued.

Question — put and agreed to.

* * * * *

PAPERS PURSUANT TO STATUTE — The following Papers, pursuant to the directions of several Acts of Parliament, were laid on the Table by the Clerk:

Planning and Environment Act 1987 — Notices of Approval of the following amendments to planning schemes —

Alpine Planning Scheme — Amendments C39 and C52.

Glenelg Planning Scheme — Amendments C76 (Part 2) and C88.

Greater Geelong Planning Scheme — Amendment C334.

Greater Shepparton Planning Scheme — Amendment C191.

Latrobe Planning Scheme — Amendment C89.

Macedon Ranges Planning Scheme — Amendment C107.

Moonee Valley Planning Scheme — Amendment C166.

Port Phillip Planning Scheme — Amendment C119.

South Gippsland Planning Scheme — Amendment C97.

Wellington Planning Scheme — Amendment C95.

Statutory Rule under the Infringements Act 2006 — No. 56.

Subordinate Legislation Act 1994 — Documents under section 15 in respect of Statutory Rule No. 56.

* * * * *

PROCLAMATIONS — Proclamations of the Governor in Council fixing operative dates in respect of the following Acts were laid on the Table by the Clerk:

Access to Medicinal Cannabis Act 2016 — Part 1, Part 3, sections 100, 123, 126, 129 to 131, 133 and 135 — 8 June 2016 (Gazette No. S177, 7 June 2016).

Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016 — Sections 94(1) (other than paragraph (a)) and (2), 95 to 98, 103 to 122, 131 to 153, 155 to 157 and Divisions 3 to 7 of Part 8 — 7 June 2016; remaining provisions of Division 2 of Part 8 — 1 July 2016 (Gazette No. S177, 7 June 2016).

Relationships Amendment Act 2016 — Whole Act (except section 6) — 1 July 2016 (Gazette No. S177, 7 June 2016).

9 PRODUCTION OF DOCUMENTS —

PUNT ROAD — The Clerk laid on the Table 23 full and five partial documents in accordance with the Resolution of the Council of 9 December 2015 relating to traffic flows, projections and plans concerning Punt Road.

The Clerk also laid on the Table a letter from the Attorney-General dated 20 June 2016 —

· referring to a previous letter provided to the House and the related production of 303documents which fell within the scope of the Council’s order;

· referring to previous letters on 14 April 2015 and 29 April 2016 which referred to the Government’s process for assessing documents for potential Executive privilege; and

· stating that Executive privilege was claimed in relation to certain documents referred to and other documents which contain the personal information of individuals and that, therefore, those documents have not been provided.

* * * * *

CROWN CASINO — The Clerk laid on the Table a letter from the Attorney-General dated 20 June 2016, together with the document prepared by Crown Casino for the Victorian Commission for Gambling and Liquor Regulation in late 2015, which outlines the finding of analysis of player data in accordance with the Resolution of the Council of 4 May 2016.

LEVEL CROSSING REMOVAL PROJECT (SKY RAIL) — The Clerk laid on the Table a letter from the Attorney-General dated 20 June 2016 in response to the Resolution of the Council of 24 February 2016 seeking the production of documents relating to the Level Crossing Removal Project – Caulfield to Dandenong Project Proposal (Sky Rail) —

· inviting Members of the Council to view the electronic presentation of the 3D modelling requested in the resolution at a briefing on Monday 27 June; and

· advising that the Government will continue to identify, collate, review and assess the documents and relevant material; and provide a further response to the Council’s order as soon as possible.

On the motion of MrDavis, the Attorney-General’s letter was ordered to be taken into consideration on the next day of meeting.

10 BUSINESS OF THE COUNCIL — Ms Wooldridge moved, by leave, That precedence be given to the following General Business on Wednesday, 22 June 2016:

(1) Order of the Day No. 3, second reading of the Environment Protection Amendment (Banning Plastic Bags, Packaging and Microbeads) Bill 2016;

(2) Order of the Day made this day, second reading of the Equal Opportunity Amendment (Equality for Students) Bill 2016;

(3) Notice of motion given this day by Mr Davis to revoke Amendment GC37 to the Cardinia, Casey, Glen Eira, Greater Dandenong, Kingston, Melbourne, Monash, Stonnington, and Yarra Planning Schemes;

(4) Notice of motion given this day by Ms Hartland relating to a production of documents order for Crown Casino; and

(5) Order of the Day No. 1, resumption of debate on the Ridesharing Bill 2016.

Question — put and agreed to.

11 ECONOMY AND INFRASTRUCURE COMMITTEE — DrCarling-Jenkins moved, by leave, That MrBourman be a member of the Economy and Infrastructure Committee.

Question — put and agreed to.

12 MINISTERS’ STATEMENTS — Statements were made by Ministers pursuant to Sessional Order 2.

13 MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing Order 5.13.

14 AUDITOR-GENERAL’S OFFICE PERFORMANCE AUDIT — The Acting President announced the receipt of a Message from the Assembly acquainting the Council that they have agreed to the following resolution:

Under section 19 of the Audit Act 1994, MsElma von Wielligh-Louw, Partner, Deloitte Touche Tomatsu, be appointed to conduct the performance audit of the Victorian Auditor-General's Office for the period July 2013 to July 2016 —

(a) in accordance with the terms, conditions and specifications as set out in the Request for Tender issued on 18 December 2015; and

(b) at a fixed fee of $288,000 excluding GST.

Ordered — That the Message be taken into consideration forthwith.

MsPulford moved, by leave, That —

(1) the Council concurs with the Assembly and resolves, That pursuant to section 19 of the Audit Act 1994, MsElma von Wielligh-Louw, Partner, Deloitte Touche Tomatsu, be appointed to conduct the performance audit of the Victorian Auditor-General's Office —

(a) for the period July 2013 to June 2016;

(b) in accordance with the terms, conditions and specifications as set out in the Request for Tender issued on 18 December 2015;

(2) a Message be sent to the Assembly acquainting them that the Council have concurred with the Assembly’s Resolution.

Question — put and agreed to.

Message sent to the Assembly acquainting them accordingly.

15 AUDITOR-GENERAL’S OFFICE FINANCIAL AUDIT — The Acting President announced the receipt of a Message from the Assembly acquainting the Council that they have agreed to the following resolution:

Under section 17 of the Audit Act 1994, Mr Geoff Parker be appointed for a period of three years—

(a) to conduct the financial audit of the Victorian Auditor-General's Office for the financial years ending 30 June 2016, 30 June 2017 and 30 June 2018;

(b) in accordance with the terms and conditions and remuneration of a person appointed by the Parliament of Victoria pursuant to section 17 of the of the Audit Act 1994, and the terms of reference as specified in Appendix One of the Public Accounts and Estimates Committee’s Report on the Recommendation of the Appointment of a Person to Conduct the Financial Audit of the Victorian Auditor-General’s Office (Parliamentary Paper No 175, Session 2014–16); and

(i) $33,000 plus GST for audit services for the year ended 30 June 2016;

(ii) $33,000 plus GST for audit services for the year ended 30 June 2017; and

(iii) $33,000 plus GST for audit services for the year ended 30 June 2018.

Ordered — That the Message be taken into consideration forthwith.

MsPulford moved, by leave, That —

(1) the Council concurs with the Assembly and resolves, That pursuant to section 17 of the Audit Act 1994, Mr Geoff Parker be appointed for a period of three years —

(a) to conduct the financial audit of the Victorian Auditor-General's Office for the financial years ending 30 June 2016, 30 June 2017 and 30 June 2018;

(i) $33,000 plus GST for audit services for the year ended 30 June 2016;

(ii) $33,000 plus GST for audit services for the year ended 30 June 2017;

(iii) $33,000 plus GST for audit services for the year ended 30 June 2018; and