Minutes of the Proceedings 309
LEGISLATIVE COUNCIL
MINUTES OF THE PROCEEDINGS
Nos. 56, 57 and 58
No. 56 — Tuesday, 28 February 2012
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 he had, on 14 February 2012, given the Royal Assent to the following Acts presented to him by the Clerk of the Parliaments:
City of Greater Geelong Amendment Act 2012
Planning and Environment Amendment (Schools) Act 2012
Public Prosecutions Amendment Act 2012.
3 QUESTIONS — Questions without notice were taken pursuant to Standing Order 8.04.
INDIAN TRADE MISSION — MrDalla-Riva having given an answer to a question without notice relating to the Victorian Government’s Trade Mission to India —
On the motion of MrViney, the Minister’s answer was 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.
4 PETITIONS —
PUFFING BILLY — MrScheffer presented a Petition bearing 1,491 signatures from certain citizens of Victoria requesting that the Government commit $15 million to ensure the survival of the Puffing Billy historic railway line.
Ordered to lie on the Table.
* * * * *
KINDERGARTEN FUNDING — MsMikakos presented a Petition bearing 26 signatures from certain citizens of Victoria requesting that the Government significantly increase its funding commitment of only $15 million over 4 years to expand Victoria’s kindergarten facilities in order to meet the COAG agreement of 15 hours of kindergarten per week for all 4 year olds.
Ordered to lie on the Table.
5 PAPERS —
PROTECTING VICTORIA’S VULNERABLE CHILDREN INQUIRY — MsLovell moved, by leave, That there be laid before this House a copy of the Protecting Victoria’s Vulnerable Children Inquiry Report, January 2012.
Question — put and agreed to.
The Report was presented by MsLovell and ordered to lie on the Table.
SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — ALERT DIGEST — MrO'Donohue presented Alert Digest No. 2 of 2012 (including Appendices) from the Scrutiny of Acts and Regulations Committee.
Ordered to lie on the Table and to be printed.
* * * * *
PAPERS PURSUANT TO STATUTE — The following Papers, pursuant to the directions of several Acts of Parliament, were laid on the Table by the Clerk:
Education and Care Services National Law Act 2010 — Education and Care Services National Regulations pursuant to section 303.
Falls Creek Alpine Resort Management Board — Report for the year ended 31 October 2011.
Interpretation of Legislation Act 1984 — Notice pursuant to section 32(3)(a)(iii) in relation to Statutory Rule Nos. 146, 153 and 154/2011.
Lake Mountain Alpine Resort Management Board — Minister’s report of receipt of report for year ended 31 October 2011.
Mount Buller and Mount Stirling Alpine Resort Management Board — Report for the year ended 31 October 2011.
Mount Hotham Alpine Resort Management Board — Report for the year ended 31 October 2011.
Planning and Environment Act 1987 — Notices of Approval of the following amendments to planning schemes:
Ballarat Planning Scheme — Amendment C147.
Banyule Planning Scheme — Amendment C76.
Bass Coast Planning Scheme — Amendment C78 Part 1.
Baw Baw Planning Scheme — Amendment C87.
Boroondara Planning Scheme — Amendments C132, C136 and C144.
Campaspe Planning Scheme — Amendment C89.
Cardinia Planning Scheme — Amendment C153.
Casey Planning Scheme — Amendment C117.
Colac Otway Planning Scheme — Amendments C54 and C58.
Frankston Planning Scheme — Amendments C55 and C75.
Greater Dandenong Planning Scheme — Amendments C116 and C142.
Greater Geelong Planning Scheme — Amendments C216, C230 and C252.
Kingston Planning Scheme — Amendment C114.
Knox Planning Scheme — Amendment C62.
Latrobe Planning Scheme — Amendment C39 (Part 2).
Maribyrnong Planning Scheme — Amendment C110.
Mildura Planning Scheme — Amendment C72.
Mitchell Planning Scheme — Amendment C84.
Moira Planning Scheme — Amendment C64.
Moonee Valley Planning Scheme — Amendment C113.
Moorabool Planning Scheme — Amendments C6 Part 1 and C39.
Moreland Planning Scheme — Amendment C140.
Nillumbik Planning Scheme — Amendments C72 and C74.
Port Phillip Planning Scheme — Amendment C92.
Pyrenees Planning Scheme — Amendment C26.
Stonnington Planning Scheme — Amendments C143 and C147.
Surf Coast Planning Scheme — Amendments C71 Part 1 and C77.
Wodonga Planning Scheme — Amendments C91 and C92.
Yarra Ranges Planning Scheme — Amendment C99.
Yarriambiack Planning Scheme — Amendment C17.
Statutory Rules under the following Acts of Parliament:
Infringements Act 2006 — No. 3/2012.
Liquor Control Reform Act 1998 — No. 5/2012.
Local Government Act 1989 — No. 4/2012.
Pollution of Waters by Oil and Noxious Substances Act 1986 — No. 7/2012.
Subdivision Act 1988 — No. 111/2011.
Victorian Energy Efficiency Target Act 2007 — No. 6/2012.
Subordinate Legislation Act 1994 —
Documents under section 15 in respect of Statutory Rule Nos. 152, 161 and 162/2011, 3, 4, 6, 7 and 9/2012.
Legislative Instruments and related documents under section 16B in respect of —
Ministerial Order made under the Docklands Act 1991.
Victorian Central Monitoring and Control System Requirements under Gambling Regulation Act 2003.
* * * * *
PROCLAMATIONS — Proclamations of the Governor in Council fixing operative dates in respect of the following Acts were laid on the Table by the Clerk:
Liquor Control Reform Further Amendment Act 2011 — remaining provisions — 20 February 2012 (Gazette No. S26, 7 February 2012).
Serious Sex Offenders (Detention and Supervision) Amendment Act 2011 — 1 March 2012 (Gazette No. S45, 21 February 2012).
6 BUSINESS OF THE COUNCIL — MrLenders moved, by leave, That precedence be given to the following General Business on Wednesday, 29 February 2012:
(1) the Notice of Motion given this day by Mr Tee to revoke Amendment C140 to the Moreland Planning Scheme;
(2) Order of the Day No. 21, resumption of debate on the second reading of the Road Safety Amendment (Car Doors) Bill 2012;
(3) the Notice of Motion given this day by Mr Tee relating to the establishment of a Select Committee into planning decisions in relation to the rezoning of farming land in Ventnor;
(4) the Notice of Motion given this day by Mr Barber relating to the referral of a matter to the Privileges Committee;
(5) Order of the Day No. 20, resumption of debate on the motion relating to government maladministration; and
(6) Notice of Motion No. 254 standing in the name of Ms Pennicuik to take note of documents relating to the Australian Grand Prix Corporation.
Question — put and agreed to.
7 MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing Order 5.12.
8 BUSINESS POSTPONED — Ordered — That the consideration of Notices of Motion, Government Business, Nos. 22, 24, 175, 205 and 215 be postponed until later this day.
9 ECONOMY AND INFRASTRUCTURE REFERENCES COMMITTEE — Mr Rich-Phillips moved, That this House —
(1) notes that Australia experiences one of the highest mismatches of expenditure responsibilities and revenue raising capacity (vertical fiscal imbalance) of any federation in the world which means the States are heavily reliant on Commonwealth financial transfers; and
(2) requires the Economy and Infrastructure References Committee to inquire into, consider and report by 30 November 2012 on the level and nature of the following Commonwealth recurrent funding—
(i) National Partnership Payments – time limited funding that is provided for a specific project, program or reform.
(ii) Financial Assistance Grants to Local Government – provided through the state to local governments as general purpose revenue.
(iii) Commonwealth Own Purpose Expenditure – payments made by the Australian Government in the conduct of its own general government sector activities, and includes expenses for the purchase of goods and services and associated transfer payments.
(iv) Direct Outlays – the Commonwealth’s operations or activities undertaken in Victoria.
and in respect of each —
(a) whether the current share of funding Victoria is receiving is satisfactory relative to its population share and its contribution to the Australian economy, and the extent and nature of changes in that share over time;
(b) whether the adequacy of Victoria’s share varies across each of the different areas of government service delivery and economic activity;
(c) if the requirements imposed on funding are reducing the scope for innovation and service delivery efficiencies;
(d) whether the costs of administration and associated reporting under funding agreements are appropriate; and
(e) the future of programs at the expiry of funding agreements.
Debate ensued.
Question — put and agreed to.
10 BUSINESS POSTPONED — Ordered — That the consideration of Orders of the Day, Government Business, Nos. 1 to 3, be postponed until later this day.
11 PORT MANAGEMENT AMENDMENT (PORT OF MELBOURNE CORPORATION LICENCE FEE) BILL 2011 — Debate resumed on the question, That the Bill be now read a second time.
Amendments proposed to be moved in Committee by MsPulford were circulated.
Debate continued.
Question — put and agreed to.
MsPennicuik moved, That the Port Management Amendment (Port of Melbourne Corporation Licence Fee) Bill 2011 be referred to the Economy and Infrastructure Legislation Committee for inquiry, consideration and report by 29 March 2012.
Question — put.
The Council divided — The President in the Chair.
AYES, 19 NOES, 21
MrBarber (Teller)Ms Broad
Ms Darveniza (Teller)
Mr Eideh
Mr Elasmar
Mr Jennings
MsHartland
Mr Leane
Mr Lenders
Ms Mikakos
Mr Pakula
MsPennicuik
Ms Pulford
Mr Scheffer
Mr Somyurek
MrTarlamis
Mr Tee
Ms Tierney
Mr Viney / Mr Atkinson
Mrs Coote
Ms Crozier
Mr Dalla-Riva
Mr D.M. Davis
Mr P.R. Davis
MrDrum
MrElsbury (Teller)
Mr Finn
Mr Guy
MrHall
Mr Koch
Mrs Kronberg (Teller)
Ms Lovell
Mr O’Brien
Mr O’Donohue
MrOndarchie
Mrs Petrovich
Mrs Peulich
MrRamsay
Mr Rich-Phillips
Question negatived.
Bill committed to a Committee of the whole.
House in Committee.
Bill reported without amendment, the Report was adopted.
MrGuy 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, 24 NOES, 16
Mr AtkinsonMr Barber
Mrs Coote
Ms Crozier
Mr Dalla-Riva
Mr D.M. Davis
Mr P.R. Davis
MrDrum
MrElsbury
Mr Finn
Mr Guy
MrHall
Ms Hartland
Mr Koch
Mrs Kronberg
Ms Lovell
Mr O’Brien
Mr O’Donohue (Teller)
MrOndarchie (Teller)
Ms Pennicuik
Mrs Petrovich
Mrs Peulich
MrRamsay
Mr Rich-Phillips / Ms Broad
Ms Darveniza
Mr Eideh
Mr Elasmar
Mr Jennings
Mr Leane
Mr Lenders
Ms Mikakos (Teller)
Mr Pakula
Ms Pulford
Mr Scheffer
Mr Somyurek
MrTarlamis (Teller)
Mr Tee
Ms Tierney
Mr Viney
Question agreed to.
Bill returned to the Assembly with a Message informing them that the Council have agreed to the Bill without amendment.
12 EVIDENCE (MISCELLANEOUS PROVISIONS) AMENDMENT (AFFIDAVITS) BILL 2012 — The President read a Message from the Assembly presenting A Bill for an Act to amend the Evidence (Miscellaneous Provisions) Act 1958 and for other purposes and requesting the agreement of the Council.
On the motion of MrDalla-Riva, the Bill was read a first time and, by leave, ordered to be read a second time forthwith.
MrDalla-Riva laid on the Table the statement of compatibility as required by the Charter of Human Rights and Responsibilities Act 2006.
On the motion of MrDalla-Riva, the second reading speech was incorporated into Hansard.
MrDalla-Riva moved, That the Bill be now read a second time.
On the motion of MrPakula, the debate was adjourned until the next day of meeting.
13 FREEDOM OF INFORMATION AMENDMENT (FREEDOM OF INFORMATION COMMISSIONER) BILL 2011 — Debate resumed on the question, That the Bill be now read a second time.
Amendments proposed to be moved in Committee by MrBarber were circulated.
Debate continued.
Business having been interrupted at 10.00 p.m. pursuant to Sessional Orders —
MrDalla-Riva moved, That the sitting be extended.
Question — put.
The Council divided — The President in the Chair.
AYES, 21 NOES, 19
Mr AtkinsonMrs Coote
Ms Crozier
Mr Dalla-Riva
Mr D.M. Davis
Mr P.R. Davis
MrDrum (Teller)
MrElsbury
Mr Finn
Mr Guy
MrHall (Teller)
Mr Koch
Mrs Kronberg
Ms Lovell
Mr O’Brien
Mr O’Donohue
MrOndarchie
Mrs Petrovich
Mrs Peulich
MrRamsay
Mr Rich-Phillips / MrBarber
Ms Broad
Ms Darveniza
Mr Eideh (Teller)
Mr Elasmar
Mr Jennings
MsHartland
Mr Leane
Mr Lenders
Ms Mikakos
Mr Pakula
MsPennicuik
Ms Pulford (Teller)
Mr Scheffer
Mr Somyurek
MrTarlamis
Mr Tee
Ms Tierney
Mr Viney
Question agreed to.
Debate continued on the question, That the Bill be now read a second time.
Question — put and agreed to.
Bill read a second time.
Mr Barber moved, That it be an instruction to the Committee that they have power to consider amendments and new clauses to amend the Alcoa (Portland Aluminium Smelter) (Amendment) Act 1984, the Australian Grands Prix Act 1994, the Firearms Act 1996, the Loy Yang B Act 1992, the Treasury Corporation of Victoria Act 1992 and the Victorian Funds Management Corporation Act 1994 to remove from those Acts exemptions from the Freedom of Information Act 1982.
Debate ensued.
Question — put and negatived.
Bill committed to a Committee of the whole.
House in Committee.
And the Council having continued to sit after 12 midnight —
WEDNESDAY, 29 FEBRUARY 2012
Bill reported without amendment, the Report was adopted.
MrDalla-Riva 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, 23 NOES, 15
Mr AtkinsonMrBarber
Mrs Coote
Ms Crozier
Mr Dalla-Riva
Mr D.M. Davis
Mr P.R. Davis
MrDrum
MrElsbury
Mr Finn (Teller)
Mr Guy
MsHartland
Mr Koch
Mrs Kronberg
Ms Lovell
Mr O’Brien
Mr O’Donohue
MrOndarchie
MsPennicuik (Teller)
Mrs Petrovich
Mrs Peulich
MrRamsay
Mr Rich-Phillips / Ms Broad
Mr Eideh
Mr Elasmar (Teller)
Mr Jennings (Teller)
Mr Leane
Mr Lenders
Ms Mikakos
Mr Pakula
Ms Pulford
Mr Scheffer
Mr Somyurek
MrTarlamis
Mr Tee
Ms Tierney
Mr Viney
Question agreed to.