947
LEGISLATIVE ASSEMBLY
2015-16
FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT
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VOTES AND PROCEEDINGS
No. 92
WEDNESDAY 19 OCTOBER 2016
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949
VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Wednesday 19 October 2016
1 MEETING OF THE HOUSE
The House met at 10.00 am 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 JUSTICE PORTFOLIO LEGISLATION (MISCELLANEOUS AMENDMENTS) BILL
The order of the day was read.
Ms Gabrielle Upton moved, That this bill be now read a second time.
Debate ensued.
Mr Damien Tudehope obtained an extension of time.
Mr Guy Zangari speaking moved, by leave, That this debate be now adjourned.
Question put and passed.
Ordered, That the resumption of the debate stand an order of the day for a later hour.
4 CHILD PROTECTION (WORKING WITH CHILDREN) AND OTHER CHILD PROTECTION LEGISLATION AMENDMENT BILL
The order of the day was read for the deferred division on the question previously put, That the amendments be agreed to.
Question put.
The House divided.
AYES 34
Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Robertson, Ms T.F. Smith, Ms Washington, Ms Watson and Mr Zangari.
Tellers: Mr Lalich and Mr Warren.
NOES 44
Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Mr Brookes, Mr Conolly, Mr Constance, Mr Crouch, Mr Elliott, Mr Evans, Mr Fraser, Mr George, Ms Goward, Mr Greenwich, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.
Tellers: Mr Bromhead and Mr Patterson. In the Chair: Mrs Hancock.
Pair: Ms K. Smith—Mr Baird.
Question negatived—amendments not agreed to.
Question—That the schedules be agreed to—put and passed.
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Mr Brad Hazzard moved, That this bill be now read a third time.
Question put and passed.
Bill read a third time.
5 JUSTICE PORTFOLIO LEGISLATION (MISCELLANEOUS AMENDMENTS) BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Ms Gabrielle Upton, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put and passed.
Bill read a second time.
Ms Gabrielle Upton moved, That this bill be now read a third time.
Question put and passed.
Bill read a third time.
6 HOUSING LEGISLATION AMENDMENT BILL
The order of the day was read.
Mr Ray Williams, on behalf of Mr Brad Hazzard, moved, That this bill be now read a second time.
Debate ensued.
Mr Mark Coure, Mr Jai Rowell and Ms Jenny Leong obtained extensions of time.
Debate continued.
Question put and passed.
Bill read a second time.
Mr Brad Hazzard moved, That this bill be now read a third time.
Question put and passed.
Bill read a third time.
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It being after 1.15 pm, community recognition statements proceeded with.
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7 COMMUNITY RECOGNITION STATEMENTS
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The Temporary Speaker (Mr Bruce Notley-Smith) left the Chair at 1.39 pm.
The Speaker resumed the Chair at 2.15 pm.
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8 MESSAGES FROM THE GOVERNOR
The Speaker reported messages from His Excellency the Governor assenting to the following bills:
18 October 2016
Act No. 47 Crimes (Administration of Sentences) Amendment Bill
Act No. 48 Industrial Relations Amendment (Industrial Court) Bill
Act No. 49 Building Professionals Amendment (Information) Bill
Act No. 50 Education and Teaching Legislation Amendment Bill
Act No. 51 Social and Affordable Housing NSW Fund Bill
Act No. 52 Fair Trading Amendment (Commercial Agents) Bill.
9 NOTICE OF MOTION
10 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
Mr Christopher Gulaptis—Regional Jobs Growth.
Mr David Mehan—Wyong Hospital.
11 QUESTION TIME
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(1) Following a request from Mr Greg Aplin pursuant to standing order 131 (3), the Treasurer, and Minister for Industrial Relations provided additional information.
(2) Following a request from Mr Daryl Maguire pursuant to standing order 131 (3), the Minister for Mental Health, Minister for Medical Research, Assistant Minister for Health, Minister for Women, and Minister for the Prevention of Domestic Violence and Sexual Assault provided additional information.
(3) Following a request from Mr Alex Greenwich pursuant to standing order 131 (3), the Minister for Planning provided additional information.
(4) Following a request from Ms Katrina Hodgkinson pursuant to standing order 131 (3), the Minister for Regional Development, Minister for Skills, and Minister for Small Business provided additional information.
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Disorder: At 3.20 pm, the Speaker directed Mr Chris Minns to leave the Chamber for two hours.
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12 MINISTERIAL STATEMENT—PREGNANCY AND INFANT LOSS REMEMBRANCE DAY
Mrs Jillian Skinner made a statement in relation to Pregnancy and Infant Loss Remembrance Day held on Saturday 15 October 2016.
Ms Kate Washington also addressed the House.
13 UNPROCLAIMED LEGISLATION
The Speaker tabled a list of legislation unproclaimed 90 days after assent as at 19 October 2016.
14 LEGISLATIVE ASSEMBLY COMMITTEE ON ENVIRONMENT AND PLANNING
Mr Mark Coure, Chair, tabled the report of the Legislative Assembly Committee on Environment and Planning entitled “Adequacy of the regulation of short-term holiday letting in New South Wales”, Report 1/56, dated October 2016.
Ordered to be printed.
15 LEGISLATIVE ASSEMBLY COMMITTEE ON TRANSPORT AND INFRASTRUCTURE
Mr Alister Henskens, Chair, tabled the report of the Legislative Assembly Committee on Transport and Infrastructure entitled “Workplace arrangements in the Point to Point Transport Industry”, Report 1/56, dated October 2016.
Ordered to be printed.
16 PETITION SIGNED BY 10,000 OR MORE PERSONS
The Deputy Speaker announced that the following member had lodged a petition for presentation signed by 10,000 or more persons:
Mr David Harris—from certain citizens requesting that the Legislative Assembly rejects any moves towards the privatisation of the grounds or service delivery at Wyong Public Hospital.
17 PETITIONS
(1) The Acting Clerk announced that the following members had each lodged petitions for presentation:
Mr Alex Greenwich—from certain citizens requesting that museum services be expanded around New South Wales and the Powerhouse Museum remain in Ultimo.
Ms Melanie Gibbons—from certain citizens requesting that the Legislative Assembly rejects any plans for building or operating an ICE smoking room in the South or South West Region of Sydney.
Mr Kevin Conolly—from certain citizens requesting that the Government prevent the use of the Safe Schools Coalition program in government schools and support instead holistic anti-bullying approaches.
Mr Alex Greenwich—from certain citizens requesting that a long-term lease be provided to the National Art School for its site, that it remains independent, and that the Government continue its funding until the Commonwealth Government agrees to fund it as an independent art institution.
Ms Jenny Leong—from certain citizens requesting the construction of a second light rail station in Surry Hills at the Wimbo Park/Olivia Gardens site.
Mr Alex Greenwich—from certain citizens requesting more reliable 389 bus services.
Mr Alex Greenwich—from certain citizens requesting new inner city ferries.
Mr Alex Greenwich—from certain citizens requesting that the Sirius building be retained and continue to function as social housing.
Mr Thomas George—from certain citizens requesting harsher sentencing for repeat offenders under the influence of alcohol or drugs.
Mr Alex Greenwich—from certain citizens opposing the sale of animals in pet shops.
(2) The Acting Clerk announced that the following member had lodged petitions for presentation signed by 500 or more persons:
Ms Pru Goward—from certain citizens requesting an upgrade to the current heating system at Goulburn High School and Goulburn Public School.
Ms Pru Goward—from certain citizens requesting the installation of traffic lights and crossing on Bourke Street between Goldsmith and Clifford Streets, Goulburn.
(3) The Acting Clerk also announced receipt of the following ministerial response to a petition signed by 500 or more persons:
The Hon. Paul Toole—lodged 14 September 2016—Requesting that the Government reinstate the councils of Great Lakes, Greater Taree City and Gloucester Shire—(Mr Jamie Parker).
18 RE-ORDERING OF GENERAL BUSINESS
Mr Kevin Conolly moved, That the general business notice of motion (general notice) given by him this day (Western Sydney Projects) have precedence on Thursday 20 October 2016.
Debate ensued.
The Deputy Speaker put the motion, as amended by leave, That the general business notice of motion (general notice) given by the member for Riverstone this day (Western Sydney Projects) and general business notice of motion (general notice) no. 1084 (Rhys Colefax – Potential Charging) standing in the name of the member for Heffron have precedence on Thursday 20 October 2016.
Question put and passed.
19 PERSONAL EXPLANATION
Ms Jenny Leong, by leave, made a personal explanation in relation to comments made by the member for Myall Lakes during debate on the Housing Legislation Amendment Bill.
20 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
(1) Mr Christopher Gulaptis made a statement in support of his notice being accorded priority over the other business of the House.
(2) Mr David Mehan also made a statement in support of his notice being accorded priority—
That this House:
(1) Notes that more than 2,000 community members attended a rally to protest the privatisation of services at Wyong Hospital on the weekend.
(2) Acknowledges that there is deeply held community concerns about the Government’s plans to privatise services at Wyong Hospital.
(3) Calls on the Government to reverse its privatisation plans at Wyong Hospital.
Question—That the motion of the member for Clarence be accorded priority—put.
The House divided.
AYES 47
Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Crouch, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Ms Goward, Mr Grant, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Piccoli, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.
Tellers: Mr Bromhead and Mr Coure.
NOES 34
Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Park, Mr Parker, Mr Piper, Mr Robertson, Ms T.F. Smith, Ms Washington, Ms Watson and Mr Zangari.
Tellers: Mr Lalich and Mr Warren. In the Chair: Mr George.
Pair: Mr Patterson—Ms K. Smith.
Question passed.
21 MOTION ACCORDED PRIORITY—REGIONAL JOBS GROWTH
Mr Christopher Gulaptis moved, pursuant to notice, That this House welcomes the Government delivering a record investment in infrastructure and services, and driving jobs growth in the Central West and across regional New South Wales.
Debate ensued.
Mr Andrew Fraser sought leave to also speak to the motion.
Leave not granted.
Question put.
The House divided.
AYES 46
Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Crouch, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Ms Goward, Mr Greenwich, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Piccoli, Mr Piper, Mr Provest, Mr Rowell, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.
Tellers: Mr Bromhead and Mr Coure.
NOES 32
Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Park, Mr Parker, Mr Robertson, Ms T.F. Smith, Ms Washington, Ms Watson and Mr Zangari.
Tellers: Mr Lalich and Mr Warren. In the Chair: Mr George.
Pairs: Mr Patterson—Mr Foley and Mr Sidoti—Ms K. Smith.
Question passed.
22 PRIVATE MEMBERS’ STATEMENTS
23 MATTER OF PUBLIC IMPORTANCE—GONSKI FUNDING
The Speaker previously informed the House of receipt from Mr Mark Coure of a notice of a matter of public importance, namely:
Gonski Funding.
Discussion ensued
Ms Tamara Smith, by leave, also addressed the House.
Discussion concluded.
24 ADJOURNMENT
The House adjourned, pursuant to standing and sessional orders, at 5.18 pm, until tomorrow, at 10.00 am.
Attendance: All members present except Mrs Tanya Davies (granted leave), Ms Melanie Gibbons, Mr Jonathan O’Dea and Ms Kathy Smith.
HELEN MINNICAN SHELLEY HANCOCK
Acting Clerk of the Legislative Assembly Speaker
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Authorised by the Parliament of New South Wales