LEGISLATIVE ASSEMBLY OF VICTORIA

VOTES AND PROCEEDINGS Nos 105 and 106

No 105 — Tuesday 25 May 2021

1 The Speaker took the Chair, read the Prayer and made an Acknowledgement of Country.

2 QUESTION TIME — (Under Sessional Order 9).

3 MUTUAL RECOGNITION (VICTORIA) AMENDMENT BILL 2021 — Mr Pallas introduced ‘A Bill for an Act to amend the Mutual Recognition (Victoria) Act 1998 to adopt the amendments made to the Mutual Recognition Act 1992 of the Commonwealth by the Mutual Recognition Amendment Act 2021 of the Commonwealth and to make related amendments’; and, after debate, the Bill was read a first time and ordered to be read a second time tomorrow.

4 VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL AND OTHER ACTS AMENDMENT (FEDERAL JURISDICTION AND OTHER MATTERS) BILL 2021 — Ms Hutchins introduced ‘A Bill for an Act to amend the Victorian Civil and Administrative Tribunal Act 1998 in relation to federal subject matter and to consequentially amend the Magistrates' Court Act 1989 and other Acts, to amend the County Court Act 1958 and the Judicial Entitlements Act 2015 to create the office of Deputy Chief Judge of the County Court, to amend the Public Prosecutions Act 1994 in relation to the appointment of an acting Chief Crown Prosecutor and for other purposes’; and, after debate, the Bill was read a first time and ordered to be read a second time tomorrow.

5 ENERGY LEGISLATION AMENDMENT (ENERGY FAIRNESS) BILL 2021 — Ms D’Ambrosio introduced ‘A Bill for an Act to amend the Electricity Industry Act 2000 and the Gas Industry Act 2001 and to make related amendments to the Criminal Procedure Act 2009 and the Essential Services Commission Act 2001 and for other purposes’; and, after debate, the Bill was read a first time and ordered to be read a second time tomorrow.

6 PETITIONS — The Clerk announced that the following petitions had been lodged for presentation:

Victoria’s Breast Screen Service — Requesting that the Legislative Assembly calls on the Government to reinstate funding for breast screening services, bearing 1379 and 629 signatures (Mr Hodgett and Ms McLeish respectively).

Panton Hill Primary School — Requesting that the Legislative Assembly directs the Victorian Education Department to fund the Panton Hill Primary School fire sprinkler system and reclassify it as a rural zoned school, bearing 273 signatures (Ms McLeish).

Kangaroo Ground Incident Control Centre and Panton Hill Primary School — Requesting that the Legislative Assembly calls on the Government to upgrade and resource the Kangaroo 586 Legislative Assembly of Victoria

Ground Incident Control Centre and Fire Tower and fund the maintenance of the Panton Hill Primary School fire and emergency sprinkler system, bearing 164 signatures (Ms McLeish).

Kangaroo Ground Incident Control Centre and Fire Tower — Requesting that the Legislative Assembly directs the Emergency Management Commissioner and the CFA to re-open the Kangaroo Ground Incident Control Centre and maintain the Kangaroo Ground Fire Tower, bearing 48 signatures (Ms McLeish).

Wallan Quarry — Requesting that the Legislative Assembly calls on the Government to reject the application for the Wallan Quarry, bearing 1363 signatures (Ms Green).

Petitions ordered to be tabled.

7 PETITION — VICTORIA’S BREAST SCREEN SERVICE — Motion made and question — That the petition presented by the Member for Eildon be taken into consideration tomorrow (Ms McLeish) — put and agreed to.

8 PETITION — PANTON HILL PRIMARY SCHOOL — Motion made and question — That the petition presented by the Member for Eildon be taken into consideration tomorrow (Ms McLeish) — put and agreed to.

9 PETITION — KANGAROO GROUND INCIDENT CONTROL CENTRE AND PANTON HILL PRIMARY SCHOOL — Motion made and question — That the petition presented by the Member for Eildon be taken into consideration tomorrow (Ms McLeish) — put and agreed to.

10 PETITION — KANGAROO GROUND INCIDENT CONTROL CENTRE AND FIRE TOWER — Motion made and question — That the petition presented by the Member for Eildon be taken into consideration tomorrow (Ms McLeish) — put and agreed to.

11 PETITION — WALLAN QUARRY — Motion made and question — That the petition presented by the Member for Yan Yean be taken into consideration tomorrow (Ms Green) — put and agreed to.

12 PETITION — VICTORIA’S BREAST SCREEN SERVICE — Motion made and question — That the petition presented by the Member for Croydon be taken into consideration tomorrow (Mr Hodgett) — put and agreed to.

13 DOCUMENTS

PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE — Ms Blandthorn, Chair, tabled a report from the Public Accounts and Estimates Committee on the 2019–20 financial and performance outcomes together with an extract from the proceedings and transcripts of evidence.

Report and extract from the proceedings ordered to be published.

SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — Ms Connolly tabled the Alert Digest No 6 of 2021 from the Scrutiny of Acts and Regulations Committee on the: Votes and Proceedings 25 and 26 May 2021 587

Appropriation (2021–2022) Bill 2021 Appropriation (Parliament 2021–2022) Bill 2021 Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Bill 2021 Education and Training Reform Amendment (Protection of School Communities) Bill 2021 Emergency Powers Safeguards Legislation Amendment Bill 2021 Gambling Regulation Amendment (Wagering and Betting Tax) Bill 2021 Non-Emergency Patient Transport Amendment Bill 2021 State Taxation and Mental Health Acts Amendment Bill 2021

together with appendices.

Ordered to be published.

DOCUMENTS TABLED UNDER ACTS OF PARLIAMENT — The Clerk tabled the following documents under Acts of Parliament:

Central Highlands Rural Health — Report 2019–20, together with an explanation for the delay

Crown Land (Reserves) Act 1978 — Order under s 17B granting a licence over Gresswell Forest (Part B) Nature Conservation Reserve

Planning and Environment Act 1987 — Notices of approval of amendments to the following Planning Schemes:

Ballarat — C229 Banyule — C161 Benalla — C39 Cardinia — C269 Casey — C231 Colac Otway — C99 Glen Eira — C217 Golden Plains — C93 Greater Geelong — C393 Kingston — C180 Melbourne — C406 Monash — C164 Mount Alexander — C95 Port Phillip — C175 Strathbogie — C82 Wangaratta — C77

Statutory Rules under the following Acts:

Forests Act 1958 — SR 44 Petroleum Act 1998 — SR 45 Transport Accident Act 1986 — SR 46

588 Legislative Assembly of Victoria

Wildlife Act 1975 — Wildlife (Prohibition of Game Hunting) Notice No 3.

14 MESSAGE FROM THE GOVERNOR — Recommending an appropriation for the purposes of the State Taxation and Mental Health Acts Amendment Bill 2021.

15 SUSPENSION OF STANDING AND SESSIONAL ORDERS — Motion made, by leave, and question — That so much of standing and sessional orders be suspended tomorrow to allow:

(1) The order of business to be:

Formal business Statements by members Statements on parliamentary committee reports Government business Question time — 11.00 am Government business continued Matter of public importance — 5.00 pm or after all business on the government business program is completed (if the completion time for the program is 5.00 pm), whichever is later Adjournment debate — at the completion of the debate on the matter of public importance.

(2) The processes for interruptions under Sessional Orders 2 and 3(4) to apply at the times set out in paragraph (1)

(Ms Allan) — put and agreed to.

16 GOVERNMENT BUSINESS PROGRAM — Motion made and question — That, under SO 94(2), the Orders of the Day, Government Business, relating to the following bills be considered and completed by 5.00 pm on Wednesday 26 May 2021:

Appropriation (2021–2022) Bill 2021 Appropriation (Parliament 2021–2022) Bill 2021 State Taxation and Mental Health Acts Amendment Bill 2021

(Ms Allan) — after debate, put.

The House divided (the Speaker, Mr Brooks, in the Chair) —

AYES 50

Juliana Addison; ; ; ; ; ; ; ; Sarah Connolly; ; ; ; Lily D’Ambrosio; ; ; ; ; Martin Foley; ; Matt Fregon; ; Katie Hall; ; ; Jill Hennessy; ; ; ; John Kennedy; ; ; Stephen McGhie; Frank McGuire; ; ; ; Danny Pearson; ; Tim Richardson; ; ; ; ; ; ; ; Kat Theophanous; ; ; .

Votes and Proceedings 25 and 26 May 2021 589

NOES 27

Brad Battin; Gary Blackwood; ; ; ; ; ; ; Tim McCurdy; Cindy McLeish; ; Danny O’Brien; Michael O’Brien; ; Richard Riordan; Brad Rowswell; ; ; ; Ryan Smith; Tim Smith; ; ; ; ; Peter Walsh; .

Question agreed to.

17 STATEMENTS BY MEMBERS — Members made statements.

18 APPROPRIATION (2021–2022) BILL 2021 AND APPROPRIATION (PARLIAMENT 2021–2022) BILL 2021 — Order read for resuming debate on question — That these Bills be now read a second time; debate resumed.

Business was interrupted at 7.00 pm under sessional orders.

19 ADJOURNMENT — The Speaker announced that the time for the adjournment of the House had arrived and, after debate, left the Chair at 7.23 pm.

BRIDGET NOONAN COLIN BROOKS MP Clerk of the Legislative Assembly Speaker

No 106 — Wednesday 26 May 2021

1 The Speaker took the Chair, read the Prayer and made an Acknowledgement of Country.

2 PETITIONS — The Clerk announced that the following petitions had been lodged for presentation:

Victoria’s Breast Screen Service — Requesting that the Legislative Assembly calls on the Government to reinstate funding for breast screening services, bearing 184 signatures (Mr Hodgett)

Beaconsfield Reservoir — Requesting that the Legislative Assembly asks Melbourne Water to adopt the safety upgrade option that retains the current wall height at Beaconsfield Reservoir, bearing 1241 signatures (Mr Battin)

Edenhope District Memorial Hospital amalgamation — Requesting that the Legislative Assembly calls on the Government to stop any merger or amalgamation of Edenhope District Memorial Hospital and Ballarat Health Services, bearing 126 signatures (Ms Kealy).

Petitions ordered to be tabled.

590 Legislative Assembly of Victoria

3 PETITION — EDENHOPE DISTRICT MEMORIAL HOSPITAL AMALGAMATION — Motion made and question — That the petition presented by the Member for Lowan be taken into consideration tomorrow (Ms Kealy) — put and agreed to.

4 PETITION — VICTORIA’S BREAST SCREEN SERVICE — Motion made and question — That the petition presented by the Member for Croydon be taken into consideration tomorrow (Mr Hodgett) — put and agreed to.

5 PETITION — BEACONSFIELD RESERVOIR — Motion made and question — That the petition presented by the Member for Gembrook be taken into consideration tomorrow (Mr Battin) — put and agreed to.

6 DOCUMENTS

NEW FOOTSCRAY HOSPITAL — Project Summary tabled by leave (Mr Donnellan).

YORTA YORTA TRADITIONAL OWNER LAND MANAGEMENT BOARD — Report 2017–18 tabled by leave (Ms D’Ambrosio).

DOCUMENTS TABLED UNDER ACTS OF PARLIAMENT — The Clerk tabled the following documents under Acts of Parliament:

Auditor-General — Measuring and Reporting on Service Delivery — Ordered to be published

Financial Management Act 1994 — Report from the Minister for Energy, Environment and Climate Change that she had received the Report 2017–18 of the Yorta Yorta Traditional Owner Land Management Board, together with an explanation for the delay

Lower Murray Urban and Rural Water Corporation — Report 2019–20 (replacement for copy tabled on Thursday 10 December 2020).

PROCLAMATION — Under Standing Order 177A, the Clerk tabled the following proclamation fixing an operative date:

Public Health and Wellbeing Amendment Act 2021 — Whole Act — 1 July 2021 (Gazette S243, 25 May 2021).

7 MESSAGE FROM THE LEGISLATIVE COUNCIL — Agreeing to the Zero and Low Emission Vehicle Distance-based Charge Bill 2021 without amendment.

8 SITTING OF THE HOUSE — Motion made and question — That:

(1) The House, at its rising, adjourns until Tuesday 8 June 2021, or an earlier day and hour to be fixed by the Speaker.

(2) If, in the opinion of the Speaker, the next scheduled sitting or a rescheduled sitting should not proceed on the basis of health advice, the Speaker will consult with the Votes and Proceedings 25 and 26 May 2021 591

Leader of the House and the Manager of Business to delay the next meeting and set a future day and hour to meet.

(3) The Speaker will notify members of any changes to the next sitting date

(Ms Allan) — put and agreed to.

9 STATEMENTS BY MEMBERS — Members made statements.

10 STATEMENTS ON PARLIAMENTARY COMMITTEE REPORTS — Members made statements on committee reports.

11 MUTUAL RECOGNITION (VICTORIA) AMENDMENT BILL 2021 — Mr Pallas tabled a statement of compatibility in accordance with the Charter of Human Rights and Responsibilities Act 2006.

Motion made and question proposed — That this Bill be now read a second time (Mr Pallas).

The second reading speech was incorporated into Hansard.

Motion made and question — That the debate be now adjourned (Ms Staley) — put and agreed to.

Ordered — That the debate be adjourned for two weeks. Debate adjourned until Wednesday 9 June 2021.

12 VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL AND OTHER ACTS AMENDMENT (FEDERAL JURISDICTION AND OTHER MATTERS) BILL 2021 — Ms Hutchins tabled a statement of compatibility in accordance with the Charter of Human Rights and Responsibilities Act 2006.

Motion made and question proposed — That this Bill be now read a second time (Ms Hutchins).

The second reading speech was incorporated into Hansard.

Motion made and question — That the debate be now adjourned (Ms McLeish) — put and agreed to.

Ordered — That the debate be adjourned for two weeks. Debate adjourned until Wednesday 9 June 2021.

13 ENERGY LEGISLATION AMENDMENT (ENERGY FAIRNESS) BILL 2021 — Ms D’Ambrosio tabled a statement of compatibility in accordance with the Charter of Human Rights and Responsibilities Act 2006.

Motion made and question proposed — That this Bill be now read a second time (Ms D’Ambrosio).

The second reading speech was incorporated into Hansard. 592 Legislative Assembly of Victoria

Motion made and question — That the debate be now adjourned (Ms McLeish) — put and agreed to.

Ordered — That the debate be adjourned for two weeks. Debate adjourned until Wednesday 9 June 2021.

14 STATE TAXATION AND MENTAL HEALTH ACTS AMENDMENT BILL 2021 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.

Business was interrupted at 11.00 am under the resolution of the House on Tuesday 25 May 2021.

15 QUESTION TIME — (Under Sessional Order 9).

16 STATE TAXATION AND MENTAL HEALTH ACTS AMENDMENT BILL 2021 — Debate continued on question — That this Bill be now read a second time.

Allocation of time — The Speaker advised that the time allocated for consideration of bills under the resolution of the House on Tuesday 25 May 2021 had expired.

Question — That this Bill be now read a second time — put.

The House divided (the Speaker, Mr Brooks, in the Chair) —

AYES 53

Juliana Addison; Jacinta Allan; Lizzie Blandthorn; Chris Brayne; Josh Bull; Anthony Carbines; Ben Carroll; Darren Cheeseman; Sarah Connolly; Christine Couzens; Jordan Crugnale; Ali Cupper; Lily D’Ambrosio; Luke Donnellan; Paul Edbrooke; Maree Edwards; Martin Foley; Will Fowles; Matt Fregon; ; Katie Hall; Dustin Halse; Paul Hamer; Jill Hennessy; Sam Hibbins; Melissa Horne; Natalie Hutchins; Marlene Kairouz; John Kennedy; Sonya Kilkenny; Gary Maas; Stephen McGhie; Frank McGuire; Martin Pakula; Tim Pallas; Danny Pearson; Tim Read; Pauline Richards; Tim Richardson; Ellen Sandell; Robin Scott; Michaela Settle; Suzanna Sheed; Ros Spence; Nick Staikos; Natalie Suleyman; Meng Heang Tak; Jackson Taylor; Kat Theophanous; Mary-Anne Thomas; Vicki Ward; Gabrielle Williams; Richard Wynne.

NOES 23

Brad Battin; Roma Britnell; Tim Bull; David Hodgett; Emma Kealy; Tim McCurdy; Cindy McLeish; David Morris; James Newbury; Danny O’Brien; Michael O’Brien; Richard Riordan; Brad Rowswell; Steph Ryan; Ryan Smith; Tim Smith; ; Louise Staley; Bill Tilley; Bridget Vallence; Nick Wakeling; Peter Walsh; Kim Wells.

Question agreed to.

Question — That this Bill be now read a third time — put and agreed to.

Bill sent to the Legislative Council and their agreement requested.

17 APPROPRIATION (2021–2022) BILL 2021 AND APPROPRIATION (PARLIAMENT 2021–2022) BILL 2021 — Order read for resuming debate on question — That these Bills be now read a second time. Votes and Proceedings 25 and 26 May 2021 593

Question — That these Bills be now read a second time and a third time — put and agreed to.

Bills sent to the Legislative Council and their agreement requested.

Business was interrupted at 5.07 pm under the resolution of the House on Tuesday 25 May 2021.

18 DISCUSSION OF MATTER OF PUBLIC IMPORTANCE — SECOND DRUG INJECTING ROOM — The Speaker read Ms Kealy’s proposal to the House —

‘That this House condemns the Andrews Labor Government’s plans for a second drug injecting room near Flinders Street Station in Melbourne’s Central Business District and also notes:

(1) the Government has failed to consult with or listen to the views of local residents and small business operators on this proposal;

(2) Melbourne’s Central Business District businesses are still suffering from the effects of COVID-19 related lockdowns and the proposed drug injecting room will do further damage;

(3) the ongoing problems associated with the existing drug injecting room in North Richmond; and

(4) the potential for additional injecting rooms in Dandenong, Footscray and St Kilda, as well as advocacy in favour of drug injecting rooms in Geelong and Mildura.’

Ms Kealy addressed the House — Discussion followed.

Business was interrupted at 7.08 pm under the resolution of the House on Tuesday 25 May 2021.

19 ADJOURNMENT — The Speaker announced that the time for the adjournment of the House had arrived and, after debate, left the Chair at 7.31 pm.

BRIDGET NOONAN COLIN BROOKS MP Clerk of the Legislative Assembly Speaker

By Authority. Government Printer for the State of Victoria