Minutes of the Proceedings 291
LEGISLATIVE COUNCIL
MINUTES OF THE PROCEEDINGS
Nos. 53, 54 and 55
No. 53 — Tuesday, 9 February 2016
1 The President took the Chair and read the Prayer.
2 ASSENT TO ACTS — The President read a Message from the Governor informing the Council that she had, on 15 December 2015, given the Royal Assent to the following Acts presented to her by the Clerk of the Parliaments:
Adoption Amendment (Adoption by Same-Sex Couples) Act 2015
Education Legislation Amendment (TAFE and University Governance Reform) Act 2015
Terrorism (Community Protection) Amendment Act 2015.
3 QUESTIONS — Questions without notice were taken pursuant to Sessional Order 3.
SKY RAIL BUSINESS CASE — MrJennings having given answers to a question without notice and supplementary question relating to the Sky Rail business case —
On the motion of MrDavis, the Minister’s answers were ordered to be taken into consideration on the next day of meeting.
QUESTIONS — Questions without notice continued 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:
· Coal-fired power — substantive and supplementary questions asked by MrBarber — response from MsPulford due Thursday, 11 February 2016.
· Ignite funding milestones — substantive and supplementary questions asked by MrBarber — response from MrJennings due Thursday, 11 February 2016.
· Ombudsman referral – Government’s legal advice — substantive question asked by Mr Rich-Phillips — response from Mr Jennings due Thursday, 11 February 2016.
4 CONSTITUENCY QUESTIONS — Constituency questions were taken pursuant to Sessional Order 4.
5 PETITIONS —
PRE-EXPOSURE PROPHYLAXIS — Mr Davis presented a Petition bearing 69 signatures from certain citizens of Victoria requesting that the Legislative Council call on the Government to provide a large scale trial of free Pre-Exposure Prophylaxis to treat HIV.
Ordered to lie on the Table.
* * * * *
SKY RAIL — Mr Davis presented a Petition bearing 2,704 signatures from certain citizens of Victoria requesting that the Legislative Council call on the Andrews Labor Government to hold off announcing a preferred tenderer for Sky Rail until community consultation has been taken into account.
Ordered to lie on the Table.
* * * * *
SHARED ACCOMMODATION PLANNING — Mr Davis presented a Petition bearing 356 signatures from certain citizens of Victoria requesting that the Legislative Council call on the Government to strengthen planning provisions in relation to shared accommodation.
Ordered to lie on the Table.
* * * * *
POLICE NUMBERS — Mr O’Donohue presented a Petition bearing 38 signatures from certain citizens of Victoria requesting that the Legislative Council call on the Andrews Labor Government to commit to providing additional police for the community as a matter of priority.
Ordered to lie on the Table.
* * * * *
SPECIAL RELIGIOUS INSTRUCTION — MrO’Donohue presented a Petition bearing 23signatures from certain citizens of Victoria requesting that the Legislative Council note the Government has scrapped voluntary Special Religious Instruction in Government schools during school hours.
Ordered to lie on the Table.
* * * * *
MEDICINAL CANNABIS — Mr Leane presented a Petition bearing 43 signatures from certain citizens of Victoria requesting that the Legislative Council support legislation to enable research and treatment using medicinal cannabis.
Ordered to lie on the Table.
6 PAPERS —
SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — ALERT DIGEST — MrDalla-Riva presented Alert Digest No. 1 of 2016 (including Appendices) from the Scrutiny of Acts and Regulations Committee.
Ordered to lie on the Table and to be published.
Mr Dalla-Riva moved, That the Council take note of the Report.
Debate ensued.
Question — put and agreed to.
* * * * *
ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRPUTION — FINAL REPORT — Pursuant to section 37 of the Inquiries Act 2014, the Clerk laid on the Table a copy of the Royal Commission into Trade Union Governance and Corruption Final Report, December 2015.
* * * * *
PAPERS PURSUANT TO STATUTE — The following Papers, pursuant to the directions of several Acts of Parliament, were laid on the Table by the Clerk:
Border Groundwaters Agreement Review Committee — Report, 2014-15.
Cancer Council Victoria — Report for the year ended 30 September 2015.
Crown Land (Reserves) Act 1978 — Minister’s Order of 27 October 2015 giving approval to the granting of a licence at Knox Community Gardens and Vineyard.
Duties Act 2000 — Treasurer’s report of foreign purchaser additional duty exemptions for 1 July 2015 to 30 November 2015.
Education and Care Services National Law Act 2010 — Education and Care Services National Amendment Regulations 2015 pursuant to section 303 of the Act.
Health Practitioner Regulation National Law (Victoria) Act 2009 — National Health Practitioner Ombudsman and Privacy Commissioner’s Report, 2014-15.
Interpretation of Legislation Act 1984 —
Notice pursuant to section 32(3) in relation to Statutory Rule Nos. 136/2015 and 167/2015.
Notice pursuant to section 32(4) in relation to the Dangerous Goods (Explosives) Regulations 2011, Dangerous Goods (Storage and Handling) Regulations 2012, Dangerous Goods (Transport by Road or Rail) Regulations 2008 and Occupation Health and Safety Regulations 2007.
Land Acquisition and Compensation Act 1986 —
Minister’s certificate of 9 December 2015 pursuant to section 7(1) of the Act.
Minister’s certificate of 4 February 2016 pursuant to section 7(1) of the Act.
Land Tax Act 2005 — Treasurer’s report of land tax absentee owner surcharge exemptions for 29 June 2015 to 30 November 2015.
Melbourne City Link Act 1995 —
Melbourne City Link Thirty-fifth Amending Deed pursuant to section 15(2) of the Act.
CityLink — Tullamarine Corridor Redevelopment Deed Second Amending Deed pursuant to section 15(2) of the Act.
Parliamentary Committees Act 2003 — Government response to the Environment, Natural Resources and Regional Development Committee’s Interim Report on the Inquiry into the CFA Training College at Fiskville.
Planning and Environment Act 1987 — Notices of Approval of the following amendments to planning schemes —
Ballarat Planning Scheme — Amendment C185.
Bayside Planning Scheme — Amendment C146.
Boroondara Planning Schemes — Amendments C200 and C209.
Brimbank Planning Scheme — Amendment C105.
Cardinia Planning Scheme — Amendment C161.
Casey Planning Schemes — Amendments C197 and C199.
Frankston Planning Schemes — Amendments C99 and C110 (Part 1).
Glen Eira Planning Scheme — Amendment C123.
Greater Dandenong Planning Scheme — Amendment C183.
Greater Geelong Planning Scheme — Amendment C315.
Greater Shepparton Planning Schemes — Amendments C92 and C170.
Kingston Planning Scheme — Amendment C175.
Knox Planning Schemes — Amendments C74 and C144.
Latrobe Planning Scheme — Amendment C86.
Macedon Ranges Planning Scheme — Amendment C96.
Maroondah Planning Schemes — Amendments C95 and C125.
Melbourne Planning Scheme — Amendment C269.
Moreland Planning Scheme — Amendment C157.
Mornington Planning Scheme — Amendment C184 (Part 3).
Mount Alexander Planning Scheme — Amendment C74.
Moyne Planning Scheme — Amendment C48 (Part 1).
Port Phillip Planning Schemes — Amendments C115, C124 and C131.
Stonnington Planning Scheme — Amendment C183 (Part 1).
Victoria Planning Provisions — Amendments VC121, VC126 and VC127.
Warrnambool Planning Scheme — Amendment C78 (Part 1).
Wellington Planning Scheme — Amendment C94.
Whittlesea Planning Schemes — Amendments C195, C179 and C73.
Whitehorse Planning Schemes — Amendments C167 and C210.
West Wimmera Planning Scheme — Amendment C32.
Wyndham Planning Schemes — Amendments C194 and C210.
Yarra Planning Schemes — Amendments C195 and C207.
Yarra Ranges Planning Scheme — Amendment C150.
Project Development and Construction Management Act 1994 —
Nomination order and application order, 22 December 2015 and statement of reasons for making a nomination order, 15 December 2015, in relation to the Palais Theatre Project.
Nomination order and application order, 22 December 2015 and statement of reasons for making a nomination order, 15 December 2015, in relation to the State Library Redevelopment Project.
Statutory Rules under the following Acts of Parliament —
Agricultural and Veterinary Chemicals (Control of Use) Act 1992 — No. 146/2015.
Building Act 1993 — Nos. 152/2015 and 157/2015.
Child Wellbeing and Safety Act 2005 — No. 168/2015.
Country Fire Authority Act 1958 — No. 148/2015.
County Court Act 1958 — No. 162/2015.
Dangerous Goods Act 1985 — No. 156/2015.
Domestic Animals Act 1994 — No. 165/2015.
Human Tissue Act 1982 — No. 171/2015.
Infringements Act 2006 — No. 166/2015.
Land Tax Act 2005 — No. 161/2015.
Liquor Control Reform Act 1998 — No. 155/2015.
Magistrates’ Court Act 1989 — Nos. 154/2015, 163/2015 and 164/2015.
Marine Safety Act 2010 — Nos. 153/2015 and 158/2015.
Mineral Resources (Sustainable Development) Act 1990 — Nos. 149/2015 and 150/2015.
Non-Emergency Patient Transport Act 2003 — No. 151/2015.
Public Administration Act 2004 — No. 160/2015.
Public Health and Wellbeing Act 2008 — No. 170/2015.
Retirement Villages Act 1986 — No. 147/2015.
Road Safety Act 1986 — No. 159/2015.
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015 — No. 169/2015.
Victorian Energy Efficiency Target Act 2007 — No. 167/2015.
Subordinate Legislation Act 1994 —
Documents under section 15 in respect of Statutory Rules Nos. 133/2015 and 146 to 171/2015.
Legislative Instruments and related documents under section 16B in respect of —
Cemeteries and Crematoria Act 2003 — Southern Metropolitan Cemeteries Trust’s Scale of Fees and Charges effective as of 7 January 2016.
City of Geelong Act 1993 — Greater Geelong City Council — Mayoral and Deputy Mayoral Allowances — Alteration, dated 18 November 2015.
City of Melbourne Act 2001 — Melbourne City Council — Lord Mayoral, Deputy Lord Mayoral and Councillor Allowances — Alteration, dated 18 November 2015.
Education and Training Reform Act 2006 — Ministerial Order No. 858 — Further Provisions in relation to the School Policy and Funding Advisory Council, dated 20 January 2016.
Livestock Disease Control Act 1994 — Notice of the Fixing of Fees, dated 1 December 2015.
Local Government Act 1989 —
General Order setting the Average Rate Cap, dated 14 December 2015.
Mayoral and Councillor Allowances Adjustment, dated 18 November 2015.
Senior Officer Remuneration Threshold Increase, dated 17 December 2015.
Victorian Energy Efficiency Act 2007 — Declaration of a discount factor, dated 23 December 2015.
Water Act 1989 — Abolition of the Diamond Creek Water Supply Protection Area, 30 January 2016.
* * * * *
PROCLAMATIONS — Proclamations of the Governor in Council fixing operative dates in respect of the following Acts were laid on the Table by the Clerk:
Child Wellbeing and Safety Amendment (Child Safe Standards) Act 2015 — 1 January 2016 (Gazette No. S426, 22 December 2015).
Children, Youth and Families Amendment (Aboriginal Principal Officers) Act 2015 — remaining provisions — 4 January 2016 (Gazette No. S426, 22 December 2015).
Corrections Legislation Amendment Act 2015 — Divisions 6, 7 and 9 of Part 2 — 9 December 2015 (Gazette No. S389, 8 December 2015).
Education and Training Reform Amendment (Child Safe Schools) Act 2015 — sections 4(2) and 5(1), (2) and (4) — 9 December 2015 (Gazette No. S389, 8 December 2015).
Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 — 1 January 2016 (Gazette No. S403, 15 December 2015).
Energy Legislation Amendment (Consumer Protection) Act 2015 — 1 January
2016 (Gazette No. S403, 15 December 2015).
Fisheries Amendment Act 2015 — 16 December 2015 (Gazette No. S403, 15 December 2015).
Mineral Resources (Sustainable Development) Amendment Act 2014 — Sections 4(3), 16 and 27 — 8 December 2015 (Gazette No. S389, 8 December 2015).
Prevention of Cruelty to Animals Amendment Act 2015 — Whole Act (except sections 31, 32, 34, 35, 37, 38, 40 and 42 and Part 7) — 23 December 2015 (Gazette No. S426, 22 December 2015).
Public Health and Wellbeing Amendment (No Jab, No Play) Act 2015 — 1 January 2016 (Gazette No. S403, 15 December 2015).
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015 — 23 December 2015 (Gazette No. S426, 22 December 2015).
Victims of Crime Commissioner Act 2015 — 3 February 2016 (Gazette No. S10, 2 February 2016).
7 PRODUCTION OF DOCUMENTS —
PUNT ROAD — The Clerk laid on the Table a letter from the Attorney-General dated 18January 2016 in response to the Resolution of the Council of 9 December 2015 seeking the production of documents relating to traffic flows, projections and plans concerning Punt Road, advising that the Council’s deadline of 20 January 2016 does not allow sufficient time to respond and indicating that the Government would respond to the Council’s resolution as soon as possible.
On the motion of MrDavis, the letter was ordered to be taken into consideration on the next day of meeting.
* * * * *
CITY OF PORT PHILLIP DRAFT PLANNING SCHEME AMENDMENT C107 — The Clerk laid on the Table 59 documents received in response to the Resolution of the Council of 7October 2015 relating to all documents created on or after 4 December 2014, or used to inform departmental decisions or ministerial briefings on or after 4 December 2014, in relation to the City of Port Phillip draft Planning Scheme Amendment C107, including but not limited to —
(1) all correspondence to/from the Department of Economy, Jobs, Transport and Resources and Department of Environment, Land, Water and Planning;
(2) all correspondence to/from the Minister for Planning, the Hon Richard Wynne MP, dealing with Amendment C107; and
(3) an extract copy of the Minister for Planning’s diary identifying meetings held or attended in relation to Amendment C107.
The Clerk also laid on the Table a letter from the Attorney-General dated 8 February 2016 —
· stating that Departments have collated and assessed documents identified in paragraphs (1) and (2) of the resolution;
· stating that the Government is continuing to consider the Council’s request for production of documents identified in paragraph (3) of the resolution and will provide a response in due course; and
· noting that the use of the phrase “all documents” in the resolution would require assessing over 10,000 pages of documents, which would significantly divert the resources of Departments and therefore trusting the Council will not insist on the Government responding further.