119
LEGISLATIVE ASSEMBLY
2014
SECOND SESSION OF THE FIFTY-FIFTH PARLIAMENT
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VOTES AND PROCEEDINGS
No. 10
TUESDAY 21 OCTOBER 2014
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127
VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 21 October 2014
1 MEETING OF THE HOUSE
The House met at 12.00 noon pursuant to adjournment. The Speaker took the Chair, read the prayer and acknowledged the traditional owners, thanking them for their custodianship of country.
2 NOTICES OF MOTIONS (GENERAL NOTICES)
3 PRIVATE MEMBERS’ STATEMENTS
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The Acting Speaker (Mr Mark Coure) left the Chair at 1.29 pm.
The Speaker resumed the Chair at 2.15 pm.
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4 SPEAKER’S STATEMENT—BRAUND AND LARKIN MEMORIAL PLAQUE
The Speaker made a statement in relation to the memorial in the Chamber to Lieutenant-Colonel George Frederick Braund, V.D., and Sergeant Edward Rennix Larkin, who were sitting members of the Legislative Assembly killed at Gallipoli, and the restoration of the plaque to reflect how it appeared at its unveiling on 30 November 1915.
5 SPEAKER’S STATEMENT—CENTENARY OF THE FIRST WORLD WAR
The Speaker made a statement in relation to the Centenary of the First World War and recounted some of the events concerning Joseph Lievesley Beeston and John Brady Nash.
6 MINISTERIAL ANNOUNCEMENTS
Mr Anthony Roberts, on behalf of Mr Mike Baird, informed the House that:
(1) On 17 October 2014, His Excellency the Governor accepted the resignations of:
(a) The Honourable Andrew John Stoner MP as Deputy Premier, Minister for Trade and Investment, Minister for Regional Infrastructure and Services, Minister for Tourism and Major Events, Minister for Small Business, and Minister for the North Coast, and as a member of the Executive Council; and
(b) The Honourable Katrina Ann Hodgkinson MP as Assistant Minister for Tourism and Major Events.
(2) On 17 October 2014, His Excellency the Governor appointed:
(a) The Honourable Troy Wayne Grant MP as Deputy Premier, Minister for Trade and Investment, Minister for Regional Infrastructure and Services, and Minister for Tourism and Major Events;
(b) The Honourable Duncan John Gay MLC as Minister for the North Coast; and
(c) The Honourable Giovanni Domenic Barilaro MP as a member of the Executive Council and as Minister for Small Business and Minister for Regional Tourism.
(3) The Minister for Local Government would represent the Minister for the North Coast.
(4) On 17 October 2014, the following members were appointed as Parliamentary Secretaries, to the offices indicated:
The Honourable Niall Blair MLC
Parliamentary Secretary for Police and Emergency Services
Mr Geoffrey Keith Provest MP
Parliamentary Secretary to the Deputy Premier and for Regional Roads
Mr Anthony John Sidoti MP
Parliamentary Secretary for Planning.
7 MINISTERIAL ARRANGEMENT
Mr Mike Baird informed the House that the Minister for Planning, and Minister for Women would answer questions today in the absence of the Minister for Local Government.
8 MINISTERIAL STATEMENT—DEATH OF EDWARD GOUGH WHITLAM
Mr Mike Baird made a statement in relation to the death today of the Honourable Edward Gough Whitlam AC QC, a former Prime Minister.
Mr John Robertson also addressed the House.
9 NOTICES OF MOTIONS
10 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
Mr Matt Kean—State Economy.
Mr Clayton Barr—Newcastle Rail Line.
11 QUESTION TIME
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Disorder: At 3.19 pm, the Speaker directed Ms Linda Burney to leave the Chamber until the conclusion of Question Time.
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12 SUSPENSION OF STANDING AND SESSIONAL ORDERS—ROUTINE OF BUSINESS
Mr Anthony Roberts moved, That standing and sessional orders be suspended at this sitting to provide for the following routine of business after the conclusion of the motion accorded priority:
(1) Government business;
(2) Private members’ statements;
(3) Matter of public importance; and
(4) The House to adjourn without motion moved at the conclusion of the matter of public importance.
Question put and passed.
13 SUSPENSION OF STANDING AND SESSIONAL ORDERS—CONDOLENCE MOTION
Mr Anthony Roberts moved, That standing and sessional orders be suspended on Thursday 23 October 2014 to:
(1) Postpone the discussion on the 10,000 signature petition, community recognition statements and private members’ statements until the conclusion of a motion of condolence for the Honourable Ronald Joseph Mulock.
(2) Provide that from 4.30 pm until the rising of the House, no divisions be conducted or quorums be called.
Question put and passed.
14 PAPER
Mr Victor Dominello tabled the report on the Statutory Review of the Aboriginal Land Rights Act 1983, dated September 2014.
15 LEGISLATION REVIEW COMMITTEE
Mr Stephen Bromhead, Chair, tabled the report of the Legislation Review Committee entitled “Legislation Review Digest No. 63/55”, dated 21 October 2014.
Ordered to be printed.
Mr Stephen Bromhead also tabled the minutes of the committee meeting regarding Legislation Review Digest No. 62/55.
16 COMMITTEE ON CHILDREN AND YOUNG PEOPLE
Mr Mark Coure, Chair, tabled the report of the Committee on Children and Young People entitled “Review of the 2012 - 2013 annual report of the Commission for Children and Young People”, Report 3/55, dated October 2014.
Ordered to be printed.
17 STATUTORY RULES AND INSTRUMENTS
The Clerk tabled notices of the making of the following statutory rules and instruments published on the Legislation Website (LW) or in the Government Gazette (GG):
For the week ended 17 October 2014 –
Passenger Transport Act 1990—Passenger Transport Amendment (Taxi-cab Pre-payment Scheme and Smartcard Readers) Regulation 2014 (LW 13 October 2014).
Protection of the Environment Operations Act 1997—
(a) Protection of the Environment Operations (Waste) Amendment (Contributions) Regulation 2014 (LW 17 October 2014).
(b) Protection of the Environment Operations (Waste) Regulation 2014 (LW 17 October 2014).
Road Transport Act 2013—Road Transport (Vehicle Registration) Amendment (Release of Information) Regulation 2014 (LW 17 October 2014).
18 PETITIONS
(1) The Clerk announced that the following members had each lodged petitions for presentation:
Mr Gareth Ward—from certain citizens requesting an increase in the number of seats and carriages on the 4.24 pm train service from Central to Kiama.
Mr Alex Greenwich—from certain citizens requesting the establishment of a public high school in the Sydney electorate.
Mr Gareth Ward—from certain citizens requesting additional parking facilities at Shoalhaven District Memorial Hospital.
Mr Gareth Ward—from certain citizens requesting the construction of an ambulance station in Berry.
Mr Alex Greenwich—from certain citizens requesting legislation for same-sex marriage.
Mr Alex Greenwich—from certain citizens requesting increased funding for low cost housing and homelessness services.
Mr Alex Greenwich—from certain citizens opposing the sale of animals in pet shops.
Mr Alex Greenwich—from certain citizens requesting mandatory closed circuit television in all New South Wales slaughter houses.
Mr Alex Greenwich—from certain citizens requesting a ban on hunting with pig-dogs in New South Wales.
Mr Alex Greenwich—from certain citizens requesting a container deposit levy be introduced in New South Wales.
(2) The Clerk also announced receipt of the following ministerial response to a petition signed by 500 or more persons:
The Hon. Jillian Skinner—lodged 11 September 2014—Requesting funds for the continued operation of the Macksville District Hospital—(Mr Andrew Stoner).
19 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
(1) Mr Matt Kean made a statement in support of his notice being accorded priority over the other business of the House.
(2) Mr Clayton Barr also made a statement in support of his notice being accorded priority—
That this House:
(1) Condemns the Liberal Party for not running candidates in this Saturday’s by-election, yet having the gall to rip out the Newcastle rail line without a mandate and dump the people of the Hunter onto buses for more than two years.
(2) Condemns the Minister for the Hunter for not being in the Hunter today to deliver this bad news in person.
(3) Condemns the Government for wasting $340 million that would be better spent improving public transport and not removing it.
(4) Notes that the Government’s plan sells out the wider Hunter by blowing out journey times between Newcastle, Maitland, Cessnock and the Upper Hunter by as much as half an hour.
(5) Calls on the Government to have the decency to hold off on its plans to cut the Newcastle rail line until after the March election so the people of the Hunter can have their say.
Question—That the motion of the member for Hornsby be accorded priority—put.
The House divided.
AYES 62
Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Mr Bassett, Mr Baumann, Ms Berejiklian, Mr Bromhead, Mr Brookes, Mr Casuscelli, Mr Conolly, Mr Constance, Mr Coure, Mrs Davies, Mr Dominello, Mr Doyle, Mr Edwards, Mr Elliott, Mr Evans, Mr Flowers, Mr Fraser, Mr Gee, Ms Gibbons, Ms Goward, Mr Grant, Mr Gulaptis, Mr Hartcher, Mr Hazzard, Mr Holstein, Mr Humphries, Mr Issa, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mr O’Farrell, Mr Page, Ms Parker, Mr Perrottet, Mr Piccoli, Mr Provest, Mr Rohan, Mr Rowell, Mrs Sage, Mr Sidoti, Mrs Skinner, Mr Smith, Mr Souris, Mr Speakman, Mr Spence, Mr Stokes, Mr Stoner, Ms Upton, Mr Ward, Mr Webber, Mr R.C. Williams and Mrs Williams.
Tellers: Mr Patterson and Mr J.D. Williams.
NOES 19
Mr Barr, Ms Burney, Ms Burton, Mr Collier, Mr Daley, Mr Furolo, Mr Greenwich, Mr Hoenig, Ms Hornery, Mr Lynch, Ms Mihailuk, Mr Park, Mr Piper, Mr Robertson, Ms Tebbutt, Ms Watson and Mr Zangari.
Tellers: Mr Amery and Ms Hay. In the Chair: Mr George.
Pairs: Mrs Hancock—Mr Lalich; Ms Hodgkinson—Dr McDonald; Mr Roberts—Mrs Perry and Mr Toole—Mr Rees.
Question passed.
20 MOTION ACCORDED PRIORITY—STATE ECONOMY
Mr Matt Kean moved, pursuant to notice, That this House:
(1) Notes the CommSec State of the States report ranks New South Wales as Australia’s new economic leader, for the first time since its inception.
(2) Supports the strong economic management of the Government.
(3) Acknowledges the Government is delivering on its election commitment to make New South Wales number one again.
Debate ensued.
Mr Alex Greenwich, by leave, also spoke to the motion.
Mr Alex Greenwich moved, That the motion be amended by the addition of the following paragraph:
“(4) Note the importance of start-ups and digital entrepreneurship to the future growth of the New South Wales economy.”
Question proposed—That the amendment be agreed to.
Debate continued.
Question put and passed.
Question—That the motion, as amended, be agreed to—put.
The House divided.
AYES 59
Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Mr Bassett, Mr Baumann, Ms Berejiklian, Mr Bromhead, Mr Brookes, Mr Casuscelli, Mr Conolly, Mr Constance, Mr Coure, Mrs Davies, Mr Dominello, Mr Doyle, Mr Edwards, Mr Elliott, Mr Evans, Mr Flowers, Mr Fraser, Mr Gee, Ms Gibbons, Mr Grant, Mr Greenwich, Mr Gulaptis, Mr Hartcher, Mr Hazzard, Mr Holstein, Mr Humphries, Mr Issa, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mr Page, Ms Parker, Mr Perrottet, Mr Piccoli, Mr Piper, Mr Provest, Mr Rohan, Mr Rowell, Mrs Sage, Mr Sidoti, Mrs Skinner, Mr Smith, Mr Souris, Mr Speakman, Mr Stokes, Mr Stoner, Ms Upton, Mr Ward, Mr R.C. Williams and Mrs Williams.
Tellers: Mr Patterson and Mr J.D. Williams.
NOES 17
Mr Barr, Ms Burney, Ms Burton, Mr Collier, Mr Daley, Mr Furolo, Mr Hoenig, Ms Hornery, Mr Lynch, Ms Mihailuk, Mr Park, Mr Robertson, Ms Tebbutt, Ms Watson and Mr Zangari.
Tellers: Mr Amery and Ms Hay. In the Chair: Mr George.
Pairs: Mr Baird—Mr Lalich; Mr O’Farrell—Dr McDonald; Mr Roberts—Mrs Perry and Mr Toole—Mr Rees.
Question passed.
21 CRIMINAL PROCEDURE AMENDMENT (DOMESTIC VIOLENCE COMPLAINANTS) BILL
Mr Brad Hazzard moved, pursuant to notice, That a bill be now introduced for an Act to amend the Criminal Procedure Act 1986 with respect to evidence in proceedings for domestic violence offences.
Question put and passed.
Bill introduced and read a first time.
Mr Brad Hazzard moved, That this bill be now read a second time.
Debate adjourned (Mr Paul Lynch) and the resumption of the debate made an order of the day for a future day.
22 CROWN LANDS AMENDMENT (PUBLIC OWNERSHIP OF BEACHES AND COASTAL LANDS) BILL
Mr Kevin Humphries moved, pursuant to notice, That a bill be now introduced for an Act to amend the Crown Lands Act 1989 to ensure that beaches and certain coastal land that are Crown lands remain in public ownership.
Question put and passed.
Bill introduced and read a first time.
Mr Kevin Humphries moved, That this bill be now read a second time.
Debate adjourned (Ms Sonia Hornery) and the resumption of the debate made an order of the day for a future day.
23 ABORIGINAL LAND RIGHTS AMENDMENT BILL
Mr Victor Dominello moved, pursuant to notice, That a bill be now introduced for an Act to amend the Aboriginal Land Rights Act 1983 to make provision with respect to Aboriginal Land Agreements; and for other purposes.
Question put and passed.
Bill introduced and read a first time.
Mr Victor Dominello moved, That this bill be now read a second time.
Debate adjourned (Mr Guy Zangari) and the resumption of the debate made an order of the day for a future day.
24 MULTICULTURAL NSW LEGISLATION AMENDMENT BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Victor Dominello, That this bill be now read a second time.
Question again proposed and debate resumed.
Mr Jonathan O’Dea, Mr Matt Kean and Ms Noreen Hay obtained extensions of time.
Debate continued.
Question put and passed.
Bill read a second time.
Mr Victor Dominello moved, That this bill be now read a third time.
Question put and passed.
Bill read a third time.
25 EDUCATION AMENDMENT (NOT-FOR-PROFIT NON-GOVERNMENT SCHOOL FUNDING) BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Adrian Piccoli, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put and passed.
Bill read a second time.
Mr Mark Speakman, on behalf of Mr Adrian Piccoli, moved, That this bill be now read a third time.
Question put and passed.
Bill read a third time.
26 ELECTRICITY SUPPLY AMENDMENT (BUSH FIRE HAZARD REDUCTION) BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Anthony Roberts, That this bill be now read a second time.