1071

LEGISLATIVE ASSEMBLY

2019-20-21

FIRST SESSION OF THE FIFTY-SEVENTH PARLIAMENT

VOTES AND PROCEEDINGS

No. 87

TUESDAY 16 MARCH 2021

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 COVID-19 LEGISLATION AMENDMENT (STRONGER COMMUNITIES AND HEALTH) BILL 2021

The order of the day was read for the resumption of the adjourned debate, on the motion of Mr , That this bill be now read a second time.

Question again proposed and debate resumed.

Mr James Griffin speaking—

It being 1.15 pm, debate interrupted.

Ordered, That the resumption of the debate stand an order of the day for a later hour.

The Assistant Speaker left the Chair at 1.15 pm.

The Speaker resumed the Chair at 2.15 pm.

1072 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 16 March 2021

4 SPEAKER'S STATEMENT—CENTENARY OF THE ELECTION OF EDITH DIRCKSEY COWAN

The Speaker made a statement in relation to the centenary, on 12 March 2021, of the election to the Parliament of Western Australia of Edith Dircksey Cowan, the first female parliamentarian elected in Australia.

5 RETIREMENT OF LESLIE ERIC GÖNYE, DEPUTY CLERK OF THE LEGISLATIVE ASSEMBLY

The Speaker informed the House that the Clerk had received a letter, dated 25 February 2021, from Mr Leslie Eric Gönye, Deputy Clerk of the Legislative Assembly, notifying of his intent to retire on Friday 10 February 2023, after a period of long service leave commencing on Monday 31 May 2021.

6 MINISTERIAL ANNOUNCEMENTS

Mr Mark Speakman, on behalf of Ms informed the House that:

(1) On 3 March 2021, His Excellency the Lieutenant-Governor accepted the resignation of the Honourable Anthony MP as Minister for Sport, Multiculturalism, Seniors and Veterans and as a member of the Executive Council.

(2) On 3 March 2021, His Excellency the Lieutenant-Governor appointed the Honourable Dr Geoffrey Lee MP as Minister for Sport, Multiculturalism, Seniors and Veterans.

7 PARLIAMENTARY SECRETARY

Mr Mark Speakman, on behalf of Ms Gladys Berejiklian, informed the House that on 15 February 2021, the Honourable Taylor Mitchell Martin MLC was appointed Parliamentary Secretary for the Hunter and Cost of Living.

8 MESSAGES FROM THE GOVERNOR

The Speaker reported messages from Her Excellency the Governor assenting to the following bills:

24 February 2021

Act No. 1 Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2020 Act No. 2 Warnervale Airport (Restrictions) Repeal Bill 2020 Act No. 3 Road Transport Legislation Amendment (Drink and Drug Driving Offence) Bill 2021.

9 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE ADMINISTRATOR

The Speaker reported the following message from the Administrator:

THE HONOURABLE JUSTICE JOHN BASTEN Government House Administrator Sydney, 28 February 2021

The Honourable Justice John Basten, Judge of the New South Wales Court of Appeal, has the honour to inform the Legislative Assembly that, consequent on the Governor of New South Wales, Her Excellency the Honourable Margaret Beazley AC QC, being absent from the State, he has assumed the administration of the Government of the State. 1073 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 16 March 2021

10 RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE GOVERNOR

The Speaker reported the following message from Her Excellency the Governor:

MARGARET BEAZLEY Government House Governor Sydney, 1 March 2021

Margaret Beazley AC QC, Governor of New South Wales has the honour to inform the Legislative Assembly that she has re-assumed the administration of the Government of the State.

11 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE LIEUTENANT-GOVERNOR

The Speaker reported the following message from His Excellency the Lieutenant-Governor:

T F BATHURST Government House Lieutenant-Governor Sydney, 3 March 2021

The Honourable Thomas Frederick Bathurst AC, Lieutenant-Governor of the State of New South Wales, has the honour to inform the Legislative Assembly that, consequent on the Governor of New South Wales, Her Excellency the Honourable Margaret Beazley AC QC, being absent from the State, he has assumed the administration of the Government of the State.

12 RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE GOVERNOR

The Speaker reported the following message from Her Excellency the Governor:

MARGARET BEAZLEY Government House Governor Sydney, 4 March 2021

Margaret Beazley AC QC, Governor of New South Wales has the honour to inform the Legislative Assembly that she has re-assumed the administration of the Government of the State.

13 NOTICES OF MOTIONS

14 NOTICE OF PUBLIC INTEREST DEBATE

The Speaker announced receipt of a notice of a public interest debate regarding Jobs and Skills for Western Sydney (Mr Ray Williams).

15 QUESTION TIME

(1) Following a request from Mr pursuant to standing order 131 (3), the Premier provided additional information.

(2) Following a request from Mr Gurmesh Singh pursuant to standing order 131 (3), the Deputy Premier, Minister for Regional New South Wales, Industry and Trade provided additional information.

(3) Following a request from Mr pursuant to standing order 131 (3), the Treasurer provided additional information.

(4) Following a request from Ms pursuant to standing order 131 (3), the Minister for Police and Emergency Services provided additional information. 1074 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 16 March 2021

(5) Following a request from Mr Mark Taylor pursuant to standing order 131 (3), the Minister for Jobs, Investment, Tourism and Western Sydney provided additional information.

16 CEMETERIES AND CREMATORIA ACT

The Clerk announced receipt of the report on the Statutory Review of the Cemeteries and Crematoria Act 2013 entitled 'The 11th Hour - Solving Sydney's Cemetery Crisis', dated August 2020 (received 19 February 2021).

17 ANNUAL REPORTS

(1) The Clerk announced receipt of the report of the National Environment Protection Council for the year ended 30 June 2019 (received 24 February 2021).

(2) The Clerk, in accordance with section 11 of the Annual Reports (Statutory Bodies) Act 1984, announced receipt of:

Erratum to the Report of the Mental Health Commission of New South Wales for the year ended 30 June 2020 (received 25 February 2021).

Erratum to the Report of the Health Care Complaints Commission for year ended 30 June 2020 (received 8 March 2021).

18 LEGISLATION REVIEW COMMITTEE

Ms , Chair, tabled the report of the Legislation Review Committee entitled 'Legislation Review Digest No. 27/57', dated 16 March 2021.

Ordered to be printed.

Ms Felicity Wilson also tabled the minutes of the committee meeting regarding Legislation Review Digest No. 25/57 and No. 26/57.

19 PUBLIC ACCOUNTS COMMITTEE

Mr , Chair, tabled the report of the Public Accounts Committee entitled 'Examination of the Auditor-General's Performance Audit Reports February – July 2019', Report 6/57, dated March 2021.

Ordered to be printed.

20 COMMITTEE ON THE HEALTH CARE COMPLAINTS COMMISSION

Mr Gurmesh Singh, Chair, in accordance with standing order 299 (1), informed the House that the Committee on the Health Care Complaints Commission had resolved to conduct a review of the Health Care Complaints Commission's 2019-20 annual report, the full details of which were available on the Committee's home page.

21 COMMITTEE ON CHILDREN AND YOUNG PEOPLE

Mr Peter Sidgreaves, Deputy Chair, in accordance with standing order 299 (1), informed the House that the Committee on Children and Young People had resolved to conduct an inquiry into the annual reports and other matters of the Office of the Advocate for Children and Young People and the Office of the Children's Guardian, the full details of which were available on the Committee's home page. 1075 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 16 March 2021

22 COMMITTEE ON THE INDEPENDENT COMMISSION AGAINST CORRUPTION

The Speaker, in accordance with standing order 282 (2), advised the House that on 25 February 2021, Wendy Margaret Tuckerman was elected Deputy Chair of the Committee on the Independent Commission Against Corruption.

23 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):

(1) For the week beginning 15 February 2021

Liquor Act 2007—Liquor Amendment (Miscellaneous) Regulation 2021 (2021-61) (LW 19 February 2021).

Motor Accident Injuries Act 2017—Motor Accident Guidelines - Version 7 - 19 February 2021 (2021-62) (LW 19 February 2021).

(2) For the week beginning 22 February 2021

Biodiversity Conservation Act 2016—Biodiversity Conservation Amendment (Cetacea) Regulation 2021 (2021-73) (LW 26 February 2021).

Liquor Act 2007—Liquor Amendment (Kings Cross Special Licence Conditions) Regulation 2021 (2021- 77) (LW 26 February 2021).

National Parks and Wildlife Act 1974—Notice of Reservation of National Parks and Nature Reserves (n2021-0387) (GG No 74 of 26 February 2021).

Personal Injury Commission Act 2020—

(a) Guidelines for approval as an IRO Approved Lawyer - 26 February 2021 (2021-75) (LW 26 February 2021).

(b) Independent Legal Assistance and Review Service Funding Guidelines - 26 February 2021 (2021- 76) (LW 26 February 2021).

(c) Personal Injury Commission Amendment (Independent Review Officer Remuneration) Regulation 2021 (2021-78) (LW 26 February 2021).

Ports and Maritime Administration Act 1995—Ports and Maritime Administration Amendment (Commercial Vessel Information) Regulation 2021 (2021-79) (LW 26 February 2021).

Water Management Act 2000—Water Management (General) Amendment (Emergency Works Exemption) Regulation 2021 (2021-81) (LW 26 February 2021).

Workplace Injury Management and Workers Compensation Act 1998—

(a) NSW workers compensation guidelines for the evaluation of permanent impairment (n2021-0404) (GG No 78 of 26 February 2021).

(b) Workers compensation guidelines: Requirements for insurers, workers, employers, and other stakeholders (n2021-0408) (GG No 78 of 26 February 2021).

(3) For the week beginning 1 March 2021 1076 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 16 March 2021

Protection of the Environment Operations Act 1997—Protection of the Environment Operations (General) Amendment (PFAS Firefighting Foam) Regulation 2021 (2021-80) (LW 1 March 2021).

Water Management Act 2000—Water Management (General) Amendment (Miscellaneous) Regulation 2021 (2021-91) (LW 1 March 2021).

(4) For the week beginning 8 March 2021

Crimes (Administration of Sentences) Act 1999—Crimes (Administration of Sentences) Amendment (Miscellaneous) Regulation 2021 (2021-101) (LW 12 March 2021).

Electricity Infrastructure Investment Act 2020—Electricity Infrastructure Investment Regulation 2021 (2021-102) (LW 12 March 2021).

Environmental Planning and Assessment Act 1979—Environmental Planning and Assessment Amendment (Subdivision Certificates) Regulation 2021 (2021-104) (LW 12 March 2021).

Fisheries Management Act 1994—Fisheries Management (Blue Swimmer Crab Possession Limit Order 2021 (n2021-0500) (GG No 102 of 12 March 2021).

Legal Profession Uniform Law Application Act 2014—NSW Admission Board Amendment (Fees) Rule 2021 (2021-105) (LW 12 March 2021).

Public Health Act 2010—Public Health Amendment (COVID-19 Spitting and Coughing) Regulation 2021 (2021-106) (LW 12 March 2021).

State Debt Recovery Act 2018—Referable Debt Order - Erratum (2021-114) (LW 12 March 2021).

24 ELECTRONIC PETITION SIGNED BY 20,000 OR MORE PERSONS

The Speaker announced that the following member had lodged an electronic petition for presentation signed by 20,000 or more persons:

Mr David Harris—from certain citizens requesting the Legislative Assembly hold a judicial inquiry into the financial mismanagement of Central Coast Council and the Minister for Local Government delay any application by the Council to IPART for a Special Rate Variation and any decision on the sale of Council assets until residents can consider the findings of the judicial inquiry and its recommendations.

25 PETITIONS

(1) The Clerk announced that the following members had lodged electronic petitions for presentation signed by 500 or more persons:

Mrs —from certain citizens requesting the Legislative Assembly ask the Government to employ a principal on each site at Murrumbidgee Regional High School and put in place incentives to attract and retain top-quality teachers to all public schools in Griffith.

Ms —from certain citizens requesting the Legislative Assembly to urgently approve funding and fast track the construction of the master planned public school at the nominated school site in Gregory Hills.

Mr James Griffin—from certain citizens requesting the Legislative Assembly stop the planned bus route changes from North Balgowlah and Seaforth to the Sydney Central Business District and North Sydney, and ensure the existing timetables are retained. 1077 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 16 March 2021

Mr —from certain citizens requesting the Legislative Assembly to cease all brumby trapping and removal pending the adoption of a new management plan, recognise the brumbies’ identified heritage value, create a new management plan and fund independent scientific research into the ecological benefits and impacts of brumbies in their relevant historic areas.

Mrs Leslie Williams—from certain citizens requesting the Legislative Assembly call on the Government to improve the Oxley Highway and King Creek Road intersection and traffic flow for local residents and visitors to the Wauchope area as a matter of urgency.

(2) The Clerk announced receipt of the following ministerial responses to electronic petitions signed by 500 or more persons:

Response by the Hon. —received 10 March 2021—to petition lodged 9 February 2021— Requesting the Legislative Assembly oppose the closure of the Casino to Murwillumbah railway line and save the corridor for potential railway services in the future—(Ms ).

Response by the Hon. Mark Speakman—received 16 March 2021—to petition lodged 9 February 2021— Requesting the Legislative Assembly pass the Crimes (Domestic and Personal Violence) Amendment (Coercive Control) Bill 2020 known as 'Preethi's Law'—(Ms ).

Response by the Hon. Damien Tudehope—received 16 March 2021—to petition lodged 9 February 2021— Requesting the Legislative Assembly direct the Government to incentivise its procurement from New South Wales businesses, establish a government procurement policy framework and authority to monitor and enforce the policy, support future skills and training opportunities for young people and ensure taxpayers’ money is used to benefit the New South Wales economy and society—(Ms ).

Response by the Hon. —received 16 March 2021—to petition lodged 9 February 2021— Requesting the Legislative Assembly update the NSW Water Register by publishing required information of individuals and corporations if they hold a water entitlement or apply for a water access licence, be accessible online and searchable by the public, protect personal contact details and backdate required information to 2006—(Mrs Helen Dalton).

26 PLACING OR DISPOSAL OF BUSINESS—LAPSING OF GENERAL BUSINESS

The Speaker advised the House that in accordance with standing order 105, general business notices of motions (general notices) nos 1835 to 1891, had lapsed.

27 COVID-19 LEGISLATION AMENDMENT (STRONGER COMMUNITIES AND HEALTH) BILL 2021

The order of the day was read for the resumption of the interrupted debate, on the motion of Mr Mark Speakman, 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 moved, That this bill be now read a third time.

Question put and passed.

Bill read a third time. 1078 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 16 March 2021

28 BUDGET ESTIMATES AND RELATED PAPERS 2020-2021

The order of the day was read for the resumption of the interrupted debate, on the motion of Mr , That this House take note of the Budget Estimates and related papers for 2020-2021.

Question again proposed and debate resumed.

Mr Peter Sidgreaves and Mr obtained extensions of time.

Mr Nathaniel Smith speaking—

It being 5.00 pm, debate interrupted for public interest debate.

Ordered, That the resumption of the debate stand an order of the day for a later hour.

29 MESSAGES FROM THE LEGISLATIVE COUNCIL

The Deputy Speaker reported messages from the Legislative Council returning the following bills without amendment:

16 March 2021 Community Land Development Bill 2020 Community Land Management Bill 2020.

30 PUBLIC INTEREST DEBATE—JOBS AND SKILLS IN WESTERN SYDNEY

Mr Ray Williams moved, pursuant to notice, That this House acknowledges the Government's commitment to jobs and skills in Western Sydney.

Debate ensued.

Mr moved, That the motion be amended by leaving out all words after 'That' with a view to inserting instead:

'this House:

(1) Calls on the Government to support jobs and skills in Western Sydney and throughout New South Wales by prioritising the use of local businesses in Government procurement and ruling out any further privatisation, campus closures and job cuts at TAFE.

(2) Notes that the Government's new M5 East toll is a tax on jobs, growth, and skills development in South West and Western Sydney.'

Question proposed—That the amendment be agreed to.

Debate continued.

Question put.

The House divided. Ayes ...... 41 Noes ...... 44 Majority ...... 3 1079 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 16 March 2021

AYES Aitchison, J Doyle, T Minns, C Atalla, E Finn, J O'Neill, M Bali, S Harris, D Park, R Barr, C Haylen, J Parker, J Butler, R Hoenig, R Saffin, J Car, P Hornery, S Scully, P Catley, Y Kamper, S Smith, T Chanthivong, A Lalich, N Tesch, L Cotsis, S Leong, J Voltz, L Crakanthorp, T Lynch, P Warren, G Daley, M McDermott, H Washington, K Dalton, H McGirr, J Watson, A (teller) Dib, J McKay, J Zangari, G Donato, P Mehan, D (teller)

NOES Anderson, K Gulaptis, C Saunders, D Ayres, S Hancock, S Sidgreaves, P Barilaro, J Hazzard, B Singh, G Bromhead, S Henskens, A Smith, N Clancy, J Johnsen, M Speakman, M Conolly, K Kean, M Stokes, R Constance, A Lee, G Taylor, M Cooke, S (teller) Lindsay, W Toole, P Crouch, A (teller) Marshall, A Tuckerman, W Davies, T O'Dea, J Upton, G Dominello, V Pavey, M Ward, G Elliott, D Petinos, E Williams, L Evans, L Preston, R Williams, R Gibbons, M Provest, G Wilson, F Griffin, J Roberts, A

PAIRS Harrison, J Perrottet, D Mihailuk, T Berejiklian, G

In the Chair: Mr Mark Coure.

Question negatived.

Question—That the original motion be agreed to—put and passed.

31 PRIVATE MEMBERS' STATEMENTS

32 COMMUNITY RECOGNITION STATEMENTS

33 ADJOURNMENT

The House adjourned, pursuant to standing and sessional orders, at 8.18 pm, until tomorrow at 9.30 am.

Attendance: All members present except Mr John Sidoti.

1080 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 16 March 2021

HELEN MINNICAN JONATHAN O'DEA Clerk of the Legislative Assembly Speaker

Authorised by the Parliament of New South Wales