Minutes of the Proceedings 4
LEGISLATIVE COUNCIL
MINUTES OF THE PROCEEDINGS
No. 118 — Wednesday, 10 May 2017
Proof Version
1 The President took the Chair and read the Prayer.
2 PAPERS — PAPERS PURSUANT TO STATUTE — The following Papers, pursuant to the directions of several Acts of Parliament, were laid on the Table by the Clerk:
Auditor-General’s Reports on —
Public Participation and Community Engagement: Local Government Sector, May 2017 (Ordered to be published).
Public Participation in Government Decision-Making, May 2017 (Orderedtobepublished).
Federation Training — Minister’s report of failure to submit —
2015 report to the Minister within the prescribed period and the reason therefor.
2016 report to the Minister within the prescribed period and the reason therefor.
Planning and Environment Act 1987 — Notices of Approval of the following amendments to planning schemes —
Bayside Planning Scheme — Amendment C148.
Boroondara Planning Scheme — Amendment C230.
Brimbank and Hume Planning Schemes — Amendment GC46.
Frankston Planning Scheme — Amendment C113.
Greater Bendigo Planning Scheme — Amendment C224.
Greater Dandenong Planning Scheme — Amendment C191.
Knox Planning Scheme — Amendment C145.
Melbourne Planning Scheme — Amendment C273.
Moira Planning Scheme — Amendment C84.
Moorabool Planning Scheme — Amendment C58.
Port Phillip Planning Scheme — Amendment C117.
South Gippsland Planning Scheme — Amendment C113.
Stonnington Planning Scheme — Amendments C225 and C240.
Whittlesea Planning Scheme — Amendment C175.
Yarra Planning Scheme — Amendments C173 (Part 2), C197 (Part 2) and C240.
Yarra Ranges Planning Scheme — Amendment C162.
A Statutory Rule under the following Act of Parliament —
Evidence (Miscellaneous Provisions) Act 1958 — No. 26.
Wodonga Institute of TAFE — Minister’s report of failure to submit 2016 report to the Minister within the prescribed period and the reason therefor.
3 MINISTERS’ STATEMENTS — Statements were made by Ministers pursuant to Sessional Order 2.
4 MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing Order 5.13.
5 PRODUCTION OF DOCUMENTS — DEPARTMENT OF HEALTH AND HUMAN SERVICES PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE DOCUMENTS — MsWooldridge moved, That in accordance with Standing Order 11.01, this House requires the Minister for Families and Children to table in the Council by 9.30 a.m. on Wednesday, 24 May 2017 —
(1) a copy of the Public Accounts and Estimates Committee (PAEC) briefing folder provided to and used by the Secretary of the Department of Health and Human Services when appearing before the PAEC Inquiry into the 2013-14 and 2014-15 Financial and Performance Outcomes on 18 February 2016;
(2) a copy of the PAEC briefing folder provided to and used by the Secretary of the Department of Health and Human Services when appearing before the PAEC Inquiry into the 2015-16 Financial and Performance Outcomes on 15 February 2017;
and any response should conform with Standing Orders 11.02(3) and 11.03(1)(a).
Debate ensued.
Question — put and agreed to.
6 ENVIRONMENT, NATURAL RESOURCES AND REGIONAL DEVELOPMENT COMMITTEE REFERENCE — Mr O’Sullivan moved, That pursuant to section 33 of the Parliamentary Committees Act 2003, this House requires the Environment, Natural Resources and Regional Development Committee to inquire into, consider and report, no later than 27 November 2017, on the management, governance and use of environmental water in Victoria including, but not limited to —
(1) the assessment of the role of environmental water management in preventing or causing ‘blackwater’ events;
(2) how environmental water and environmental water managers interact with, and utilise, management tools such as carryover and whether the carryover of environmental water impacts on the availability of water for irrigators;
(3) consideration of what barriers exist to the more efficient use of environmental water and how these may be addressed; and
(4) assessment of fees and charges applied to environmental water and whether these differ from those imposed on other water users.
Debate ensued.
Business having been interrupted at 12 noon pursuant to Sessional Orders —
7 QUESTIONS — Questions without notice were taken pursuant to Sessional Order 3 and Answers to certain questions on notice were circulated pursuant to Standing Order 8.10.
* * * * *
QUESTIONS DIRECTED FOR WRITTEN RESPONSE — The President directed written responses be provided to questions without notice pursuant to Sessional Order 5 as follows:
· Youth justice facility in Werribee — supplementary question asked by MsSpringle — response from MsMikakos due Thursday, 11 May 2017.
· Young people in custody — substantive and supplementary questions asked by MsSpringle — response from MsMikakos due Thursday, 11 May 2017.
· Voluntary assisted dying advisory panel — substantive and supplementary questions asked by DrCarling-Jenkins — response from MsMikakos due in two days.
· Duck hunting in Lake Cooper — substantive question asked by MrYoung — response from MsPulford due Thursday, 11 May 2017.
· Private training providers — substantive and supplementary questions asked by MrsPeulich — response from MsTierney due Thursday, 11 May 2017.
· Melbourne Polytechnic student enrolments — supplementary question asked by MrOndarchie — response from MsTierney due Thursday, 11 May 2017.
· Cost of young people in care — substantive and supplementary questions asked by MsCrozier — response from MsMikakos due Thursday, 11 May 2017.
8 FAMILY VIOLENCE PROTECTION AMENDMENT BILL 2017 — The President read a Message from the Assembly informing the Council that they had agreed to the amendments made by the Council in this Bill.
9 CONSTITUENCY QUESTIONS — Constituency questions were taken pursuant to Sessional Order 4.
10 ENVIRONMENT, NATURAL RESOURCES AND REGIONAL DEVELOPMENT COMMITTEE REFERENCE — Debate continued on the question, That pursuant to section 33 of the Parliamentary Committees Act 2003, this House requires the Environment, Natural Resources and Regional Development Committee to inquire into, consider and report, no later than 27 November 2017, on the management, governance and use of environmental water in Victoria including, but not limited to —
(1) the assessment of the role of environmental water management in preventing or causing ‘blackwater’ events;
(2) how environmental water and environmental water managers interact with, and utilise, management tools such as carryover and whether the carryover of environmental water impacts on the availability of water for irrigators;
(3) consideration of what barriers exist to the more efficient use of environmental water and how these may be addressed; and
(4) assessment of fees and charges applied to environmental water and whether these differ from those imposed on other water users.
MrBarber moved, That the debate be adjourned until later this day.
Question — put and agreed to.
11 ROAD SAFETY ROAD RULES 2009 (OVERTAKING BICYCLES) BILL 2015 — Debate resumed on the question, That the Bill be now read a second time.
Question — put and agreed to.
Bill read a second time and committed to a Committee of the whole.
House in Committee.
Bill reported with amendments, the Report was adopted.
MsDunn moved, That the Bill be now read a third time.
Question — That the Bill be now read a third time and do pass — put.
The Council divided — The President in the Chair.
AYES, 21
MrAtkinson; MrBarber; MsBath; MsCrozier; MrDalla-Riva; MrDavis; MsDunn; MrFinn; MsFitzherbert; MsHartland; MrMorris; MrO’Donohue; MrOndarchie; MrO’Sullivan; MsPatten; MsPennicuik; MrsPeulich; MrRamsay; MrRich-Phillips; MsSpringle; MsWooldridge.(Tellers: MsDunn and MrOndarchie)
NOES, 17
MrBourman; DrCarling-Jenkins; MrDalidakis; MrEideh; MrElasmar; MrJennings; MrLeane; MrMelhem; MsMikakos; MrMulino; MsPulford; MrPurcell; MsShing; MrSomyurek; MsSymes; MsTierney; MrYoung.(Tellers: MrSomyurek and MsSymes)
Question agreed to.
Bill read a third time.
Bill transmitted to the Assembly with a Message requesting their agreement.
12 ENVIRONMENT, NATURAL RESOURCES AND REGIONAL DEVELOPMENT COMMITTEE REFERENCE — Debate resumed on the question, That pursuant to section 33 of the Parliamentary Committees Act 2003, this House requires the Environment, Natural Resources and Regional Development Committee to inquire into, consider and report, no later than 27 November 2017, on the management, governance and use of environmental water in Victoria including, but not limited to —
(1) the assessment of the role of environmental water management in preventing or causing ‘blackwater’ events;
(2) how environmental water and environmental water managers interact with, and utilise, management tools such as carryover and whether the carryover of environmental water impacts on the availability of water for irrigators;
(3) consideration of what barriers exist to the more efficient use of environmental water and how these may be addressed; and
(4) assessment of fees and charges applied to environmental water and whether these differ from those imposed on other water users.
Question — put.
The Council divided — The President in the Chair.
AYES, 19
MrAtkinson; MsBath; MrBourman; DrCarling-Jenkins; MsCrozier; MrDalla-Riva; MrDavis; MrFinn; MsFitzherbert; MrMorris; MrO’Donohue; MrOndarchie; MrO’Sullivan; MrsPeulich; MrPurcell; MrRamsay; MrRich-Phillips; MsWooldridge; MrYoung.(Tellers: MsBath and MrPurcell)
NOES, 19
MrBarber; MrDalidakis; MsDunn; MrEideh; MrElasmar; MsHartland; MrJennings; MrLeane; MrMelhem; MsMikakos; MrMulino; MsPatten; MsPennicuik; MsPulford; MsShing; MrSomyurek; MsSpringle; MsSymes; MsTierney.(Tellers: MsSpringle and MrMulino)
The Ayes and Noes being equal, the question was negatived.
13 heyfield mill — Debate resumed on the question, That this House calls on Premier Daniel Andrews to respect the views of the 1,000 people who met at Heyfield on Wednesday, 1February 2017 and keep his word that he will fight for every job to ensure that —
(1) the Heyfield Mill will stay open and its 250 staff will keep their jobs;
(2) the town of Heyfield and the surrounding areas, businesses and communities have a future;
(3) the thousands of businesses that rely on Australian Sustainable Hardwoods’ (ASH) products will also have a future;
(4) Australian-made, high-quality, hardwood timber products from Australian-grown, environmentally-sustainable and commercially-managed regrowth forests are not replaced by imported products; and
(5) over 7,000 indirect jobs and affected families in Victoria are saved from the flow-on effects of this disaster.
Business having been interrupted at 5.00 p.m. pursuant to Standing Orders, the debate stood adjourned in the name of MrBourman.
14 STATEMENTS ON REPORTS AND PAPERS — Statements on reports and papers were made by Members pursuant to Standing Order 9.10.
15 ADJOURNMENT — The President proposed the question, That the House do now adjourn.
Debate ensued and a response to an Adjournment matter was circulated pursuant to Standing Order 4.13.
And then the Council, at 6.10 p.m., adjourned until tomorrow.
ANDREW YOUNG
Clerk of the Legislative Council