Legislative Council s9
24 August 2017 23
LEGISLATIVE COUNCIL
NOTICE PAPER No. 133
Thursday, 24 August 2017
The President takes the Chair at 9.30 a.m.
GOVERNMENT BUSINESS
NOTICE OF MOTION
407 MR JENNINGS — To move —
That —
(1) the House directs the President to join with the Speaker in establishing a Parliamentary Integrity Adviser with the following roles and responsibilities:
Provision of advice
(a) The Parliamentary Integrity Adviser is to advise any Member of Parliament, including former Members of Parliament where relevant, when asked to do so by that Member, on ethical issues and integrity matters concerning the exercise of his or her role as a Member. The Parliamentary Integrity Adviser's advice can be sought on a range of parliamentary matters including on the application of any legislation or other guidelines adopted by Parliament that are relevant to Members in their capacity as Members of Parliament, the use of Members' entitlements and declaration of potential conflicts of interests.
(b) The Parliamentary Integrity Adviser's role is to give advice that is consistent with any legislation or other guidelines adopted by Parliament, but does not include the provision of any legal advice.
Education and training
(c) The Parliamentary Integrity Adviser is to provide education and training sessions to Members of Parliament about ethical issues and integrity matters, including training to new Members of Parliament at the commencement of a Parliamentary term and training on any amendments to the Parliamentary standards or integrity system.
Records
(d) The Parliamentary Integrity Adviser is required to keep records of advice given and the factual information upon which it is based.
(e) The Parliamentary Integrity Adviser is under a duty to maintain the confidentiality of information provided to him or her in the course of their duties and any advice given, but may make public any advice if the person who requested the advice gives permission for it to be made public.
(f) If the Parliamentary Integrity Adviser considers that the confidential advice provided to a Member has been publicly misrepresented, the Parliamentary Integrity Adviser must release a statement to correct the misrepresentation. In releasing the statement, the Parliamentary Integrity Adviser cannot release the advice provided to the Member.
Reporting
(g) The Parliamentary Integrity Adviser is to meet at least annually with the Privileges Committee of each of House of Parliament for a discussion on matters raised and possible proposals to address them. Consistent with paragraph (j) of this resolution, these discussions cannot identify any Members who have sought advice.
(h) The Parliamentary Integrity Adviser shall be required to report to the Parliament on an annual basis detailing:
· Advisory functions: the number of ethical matters raised with him or her, the number of Members who sought advice, the amount of time spent in the course of duties and the number of times advice was given; and
· Education functions: the number of training sessions provided by the Parliamentary Integrity Adviser, a brief description of the content of the sessions and the number of Members who attended each session.
(i) The Parliamentary Integrity Adviser may, in its absolute discretion, report to the Parliament from time to time:
· on any issues with the parliamentary standards framework arising from requests for ethics or integrity advice, and suggest proposals to address these issues;
· to provide guidance to Members of Parliament on particular issues, including publishing deidentified case studies to educate Members of Parliament on their obligations; or
· on any other matters it considers appropriate, subject to the obligation to maintain the confidentiality of advice provided to a Member.
(j) Consistent with its independent role of providing confidential advice, the Parliamentary Integrity Adviser cannot:
· be referred matters by a House of Parliament;
· be required to report to Parliament or any of its committees or this House, on the conduct of particular Members of Parliament; or
· investigate allegations of misconduct.
If Members have concerns about the conduct of other Members of Parliament, advice should be sought from the Presiding Officer of the relevant House, not the Parliamentary Integrity Adviser.
Appointment
(k) The Speaker and the President shall, on the recommendation of the Privileges Committee of both the Assembly and Council, after each election or whenever the office becomes vacant, appoint a Parliamentary Integrity Adviser for the life of the Parliament and the period of three months after each election. The Speaker and the President will agree the final terms and conditions of the appointment.
(l) If the Privileges Committees of both Houses do not agree on a preferred candidate within three months of a vacancy in the office, a joint sitting of Parliament will be held to recommend an individual for appointment as the Parliamentary Integrity Adviser.
(m) The Parliamentary Integrity Adviser can engage in outside employment that does not conflict with their role.
(n) The Parliamentary Integrity Adviser may resign in writing to the Speaker and President, or may be removed from office for insolvency, proven misbehaviour or mental incapacity on a resolution agreed to by both Houses.
(2) this resolution has effect from the date of its agreement in both Houses and continues in force unless amended or repealed by both Houses of this Parliament, or subsequent Houses of Parliament.
(3) a message be sent to the Legislative Assembly advising them accordingly.
ORDERS OF THE DAY
1 OWNER DRIVERS AND FORESTRY CONTRACTORS AMENDMENT BILL 2016 — (fromAssembly — MsPulford) — Second reading — Resumption of debate (MrOndarchie).
2 CHILDREN AND JUSTICE LEGISLATION AMENDMENT (YOUTH JUSTICE REFORM) BILL 2017 — (fromAssembly — MsTierney) — Second reading — and on the reasoned amendment moved by MsCrozier — Resumption of debate (MrMulino).
3 FIREFIGHTERS’ PRESUMPTIVE RIGHTS COMPENSATION AND FIRE SERVICES LEGISLATION AMENDMENT (REFORM) BILL 2017 — (fromAssembly — MrDalidakis) — Second reading — Resumption of debate (MrO’Donohue).
4 DRUGS, POISONS AND CONTROLLED SUBSTANCES MISCELLANEOUS AMENDMENT BILL 2017 — (from Assembly — MsTierney) — To be committed.
5 ADMINISTRATION AND PROBATE AND OTHER ACTS AMENDMENT (SUCCESSION AND RELATED MATTERS) BILL 2016 — (from Assembly — MsTierney) — Second reading — Resumption of debate (Mr Rich-Phillips).
6 LAND LEGISLATION AMENDMENT BILL 2017 — (fromAssembly — MrDalidakis) — Second reading — Resumptionof debate (MrDavis).
7 PORTS AND MARINE LEGISLATION AMENDMENT BILL 2017 — (fromAssembly — MsPulford) — Second reading — Resumption of debate (MrO’Donohue).
8 FAIR WORK (COMMONWEALTH POWERS) AMENDMENT BILL 2017 — (from Assembly — MrJennings) — Second reading — Resumption of debate (MrOndarchie).
9 OWNERS CORPORATIONS AMENDMENT (SHORT-STAY ACCOMMODATION) BILL 2016 — (from Assembly — MrDalidakis) — Second reading — Question to be put.
10 JUSTICE LEGISLATION AMENDMENT (PROTECTIVE SERVICES OFFICERS AND OTHER MATTERS) BILL 2017 — (fromAssembly — MsTierney) — Secondreading — Resumption of debate (MrRich-Phillips).
11 WORKSAFE LEGISLATION AMENDMENT BILL 2017 — (fromAssembly — MrJennings) — Second reading — Resumption of debate (MrDavis).
12 CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIEd) AMENDMENT bill 2016 — (from Assembly — MsTierney) — Second reading — Resumption of debate (MrO’Donohue).
13 STATUTE LAW REVISION BILL 2017 — (fromAssembly — MsTierney) — Second reading — Resumption of debate (MrRich-Phillips).
14 ABDUL NACER BENBRIKA — PRISONER TRANSFER — MINISTER’S ANSWERS TO A QUESTION WITHOUT NOTICE AND SUPPLEMENTARY QUESTION — Tobeconsidered (Mr Leane).
[Listed for 6 days]
15 TARGET ONE MILLION — Motion relating to implementing Target One Million (MsPulford) — Resumption of debate (MrOndarchie).
16 PLANNING AND BUILDING LEGISLATION AMENDMENT (HOUSING AFFORDABILITY AND OTHER MATTERS) BILL 2017 — (fromAssembly — MrDalidakis) — Second reading — Resumptionof debate (MrDavis).
17 APPROPRIATION (2017-2018) BILL 2017 — (fromAssembly — MrJennings) — To be further considered in Committee of the whole.
18 BUDGET PAPERS, 2017-18 — To be considered (Mr Jennings).
GENERAL BUSINESS
NOTICEs OF MOTION
391 MS PENNICUIK — To move —
That, in accordance with Standing Order 11.01, the Leader of the Government table in the Council by 12 noon on Tuesday, 2 May 2017 —
(1) the contract, in full, signed by the Napthine Government to host the F1 Grand Prix in Melbourne from 2016 to 2020;
(2) the contract, in full, signed by the Andrews Government to host the F1 Grand Prix in Melbourne from 2021 to 2023;
and any response should conform with Standing Orders 11.02(3) and 11.03(1)(a).
[Notice given on 23 March 2017 — Listed for 19 days]
392 MS WOOLDRIDGE— To move —
That this House notes the 11,100 Victorians who, within 24 hours, have signed the Neil Mitchell and 3AW online petition, which —
(1) calls on the Member for Melton, Mr Don Nardella, to repay the amount claimed through his second residence allowance and be required to resign from Parliament at once;
(2) notes the Member for Tarneit, Mr Telmo Languiller, having agreed to repay, should at this stage serve out his term but retire at the next election;
(3) asserts that the Victorian Parliament and its Members should stand for decency, transparency and act always in the public interest; and
(4) urges the Premier and the Parliament to act in the interest of Victoria to defend decency and ensure through whatever means that the above action is taken.
[Notice given on 23 March 2017 — Listed for 19 days]
395 MS BATH — To move —
That this House condemns —
(1) Premier Daniel Andrews for failing to keep his promise to timber workers to visit Australian Sustainable Hardwoods (ASH) timber mill in Heyfield;
(2) the Andrew’s Labor Government for —
(a) giving false hope to the ASH timber workers that a government run mill with an annual timber supply contract of 60,000 cubic metres could sustain 250 jobs;
(b) failing to initiate the Leadbeater’s Possum Review as recommended by the Leadbeater’s Possum Advisory Group at the trigger point almost 12 months ago; and
(c) failing to release the Leadbeater’s Possum Report by its own specified date of April 2017.
[Notice given on 2 May 2017 — Listed for 18 days]
396 MR O’DONOHUE — To move —
That this House notes the comments of the Minister for Police Lisa Neville who admitted on the recent release of the crime statistics for the year to 31 December 2016 that ‘people don’t feel safe in their homes.’
[Notice given on 9 May 2017 — Listed for 17 days]
397 MR RICH-PHILLIPS — To move —
That —
(1) a Select Committee of eight Members be appointed to inquire into, consider and report, no later than 30 September 2017, on claims for the second residence allowance pursuant to the Parliamentary Salaries and Superannuation (Allowances) Regulations 2013 by current Members of the Parliament of Victoria whose home base is not within the electorate they represent, including —
(a) the entitlement to, and appropriateness of those claims;
(b) the documents provided in support of those claims, and whether those documents were —
(i) false or misleading; and
(ii) consistent with other relevant declarations including electoral enrolment, land tax and income tax returns.
(2) the Committee will consist of three Members from the Government Party nominated by the Leader of the Government in the Council, threeMembers from the Opposition nominated by the Leader of the Opposition in the Council, oneMember from the Greens nominated by the Leader of the Greens in the Council, and oneMember from among the remaining Members in the Council nominated jointly by minority groups and independent Members;
(3) the Members will be appointed by lodgement of the names with the President no later than 12.00 p.m. on the day following the day on which this resolution is agreed to by the Council;
(4) the first meeting of the Committee must be held no later than fourteen days after the day on which this resolution is agreed to by the Council;
(5) the Committee may proceed to the despatch of business notwithstanding that all Members have not been appointed and notwithstanding any vacancy;
(6) one half of theMembers appointed pursuant to paragraph (3) will constitute a quorum of the Committee;
(7) the Chair of the Committee will be a non-Government Member and the Deputy Chair will be a Government Member;
(8) in addition to exercising a deliberative vote, when votes on a question are equally divided, the Chair, or the Deputy Chair when acting as chair, shall have a casting vote;
(9) the Committee may call for submissions and all such submissions received will be treated as public unless the Committee otherwise orders;
(10) the Committee may commission persons to investigate and report to the Committee on any aspects of its inquiry;
(11) the presentation of a report or interim report of the Committee will not be deemed to terminate the Committee’s appointment, powers or functions; and
(12) the foregoing provisions of this resolution, so far as they are inconsistent with the Standing Orders and Sessional Orders or practices of the Council will have effect notwithstanding anything contained in the Standing or Sessional Orders or practices of the Council.
[Notice given on 9 May 2017 — Listed for 17 days]
399 MR O’DONOHUE — To move —
That this House notes that despite crime up over 20 per cent and three Budgets from Premier Daniel Andrews, there are fewer male maximum security prison beds operating now than in November 2014.
[Notice given on 9 May 2017 — Listed for 17 days]
400 MR O’DONOHUE — To move —
That this House notes that the 2017-18 Budget contains no funding to reopen the police stations that have either been closed or had their opening hours cut under Premier Daniel Andrews.
[Notice given on 9 May 2017 — Listed for 17 days]
405 MS BATH — To move —
That this House condemns the Andrews Labor Government for its failure to support Gippsland jobs, particularly in the timber industry, noting the —
(1) failure to secure an adequate timber supply for Australian Sustainable Hardwoods Heyfield Mill to protect all 260 jobs;
(2) failure to expedite lease arrangement required by Hancock Victoria Plantation Holdings to ensure fibre security;
(3) failure to ensure that suitable resources are provided to maintain the current timber industry workforce in Victoria well into the future;
(4) loss of 160 jobs at Carter Holt Harvey;