1149 PROOF

LEGISLATIVE ASSEMBLY

2019-20-21

FIRST SESSION OF THE FIFTY-SEVENTH PARLIAMENT

VOTES AND PROCEEDINGS

No. 94

WEDNESDAY 5 MAY 2021

1 MEETING OF THE HOUSE

The House met at 9.30 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 SUSPENSION OF STANDING AND SESSIONAL ORDERS—ADDRESS OF CONDOLENCE

Mr moved, That standing and sessional orders be suspended at this sitting to provide that:

(1) Business before the House be interrupted at 3.30 pm to permit the moving of a motion of condolence regarding His Royal Highness The Duke of Edinburgh.

(2) The motion of condolence be interrupted at 5.00 pm for the public interest debate.

(3) The motion of condolence may resume following the conclusion of the public interest debate.

Question put and passed.

3 NOTICES OF MOTIONS (GENERAL NOTICES)

4 PAYROLL TAX AMENDMENT (JOBS PLUS) BILL 2021

Mr moved, pursuant to notice, That a bill be now introduced for an Act to amend the Payroll Tax Act 2007 to exempt employers from liability to pay payroll tax on wages that are the subject of Jobs Plus agreements, and to extend an exemption in relation to the Aged Care Workforce Retention Grant Opportunity program of the Commonwealth.

Question put and passed.

Bill introduced and read a first time. 1150 VOTES AND PROCEEDINGS OF THE LEGISLATIVE ASSEMBLY Wednesday 5 May 2021

Mr Dominic Perrottet moved, That this bill be now read a second time.

Debate adjourned (Mr ) and the resumption of the debate made an order of the day for a future day.

5 STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL 2021

Mr Mark Speakman moved, pursuant to notice, That a bill be now introduced for an Act to repeal an instrument and to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; and to make certain savings.

Question put and passed.

Bill introduced and read a first time.

Mr Mark Speakman 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.

6 CIVIL LIABILITY AMENDMENT (CHILD ABUSE) 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.

Mr and Mr obtained extensions of time.

Debate continued.

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.

7 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 Dominic Perrottet, That this House take note of the Budget Estimates and related papers for 2020-2021.

Question again proposed and debate resumed.

Mrs obtained an extension of time.

Mr speaking—

It being 12.45 pm, debate interrupted for orders of the day (committee reports). 1151 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 5 May 2021

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

8 MESSAGE FROM THE GOVERNOR

The Temporary Speaker (Mr ) reported the following message from Her Excellency the Governor:

MARGARET BEAZLEY Government House Governor , 5 May 2021

I, The Honourable MARGARET BEAZLEY AC QC, in pursuance of the power and authority vested in me as Governor of the State of New South Wales, do hereby convene a joint sitting of the Members of the Legislative Council and the Legislative Assembly for the purpose of the election of a person to fill the seat in the Legislative Council vacated by the Honourable John Ajaka, and I do hereby announce and declare that such Members shall assemble for such purpose on Thursday the 6th day of May 2021 at 10:30 am in the building known as the Legislative Council Chamber situated in Macquarie Street in the City of Sydney; and the Members of the Legislative Council and the Members of the Legislative Assembly are hereby required to give their attendance at the said time and place accordingly.

In order that the Members of both Houses of Parliament may be duly informed of the convening of the joint sitting, I have this day addressed a like message to the President of the Legislative Council.

Ordered by the Temporary Speaker, That the joint sitting be set down as an order of the day for 10.30 am on Thursday 6 May 2021 as appointed in Her Excellency's message.

9 REPORT OF THE LEGISLATIVE ASSEMBLY COMMITTEE ON INVESTMENT, INDUSTRY AND REGIONAL DEVELOPMENT ENTITLED 'FINAL REPORT INTO SUPPORT FOR DROUGHT AFFECTED COMMUNITIES IN NSW', REPORT 2/57, DATED MARCH 2021

Question proposed—That the House take note of the report.

Debate ensued.

Question put and passed.

10 REPORT OF THE JOINT SELECT COMMITTEE ON THE ANTI-DISCRIMINATION AMENDMENT (RELIGIOUS FREEDOMS AND EQUALITY) BILL 2020 ENTITLED 'INQUIRY INTO THE ANTI-DISCRIMINATION AMENDMENT (RELIGIOUS FREEDOMS AND EQUALITY) BILL 2020', REPORT 1/57, DATED MARCH 2021

Question proposed—That the House take note of the report.

Debate ensued.

It being after 1.15 pm, debate interrupted.

Ordered, That the resumption of the debate stand an order of the day for tomorrow.

The Temporary Speaker (Mr Greg Piper) left the Chair at 1.18 pm.

The Speaker resumed the Chair at 2.15 pm. 1152 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 5 May 2021

11 NOTICE OF PUBLIC INTEREST DEBATE

The Speaker announced receipt of a notice of a public interest debate regarding Privatisation (Ms ).

12 QUESTION TIME

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

(2) Following a request from Ms pursuant to standing order 131 (3), the Minister for Regional Transport and Roads provided additional information.

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

(4) Following a request from Mr pursuant to standing order 131 (3), the Minister for Police and Emergency Services provided additional information.

(5) Following a request from Ms pursuant to standing order 131 (3), the Minister for Transport and Roads provided additional information.

Disorder: The Speaker named the member for Swansea (Ms Yasmin Catley) for persistently and wilfully obstructing the business of the House and for grossly disorderly conduct.

Question proposed—That the member for Swansea be suspended from the service of the House.

The member was heard in explanation of her conduct.

Motion for the suspension of the member for Swansea withdrawn by the Speaker.

Disorder: By direction of the Speaker, Ms Yasmin Catley was removed from the Chamber by the Deputy Serjeant-at-Arms.

Disorder: By direction of the Speaker, Ms was removed from the Chamber by the Deputy Serjeant-at-Arms.

ADDRESS OF CONDOLENCE

Mr Mark Speakman moved, by leave, That the earlier resolution regarding the moving of a motion of condolence regarding His Royal Highness The Duke of Edinburgh, be amended to now interrupt the business of the House for its moving after the conclusion of items 8 to 14 in the routine of business.

Question put and passed.

1153 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 5 May 2021

13 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 —from certain citizens requesting the Legislative Assembly and the Government ensure that the final draft of the Firearms and Weapons Legislation Amendment (Criminal Use) Bill does not criminalise legal firearms owners and that citizens of New South Wales are not subject to the loss of civil liberties because of the Bill.

14 SUSPENSION OF STANDING AND SESSIONAL ORDERS—PRECEDENCE OF GENERAL BUSINESS

Mr Mark Speakman moved, That standing and sessional orders be suspended to provide that on Thursday 5 May 2021, during the time provided for consideration of General Business Notices of Motions or Orders of the Day (not being bills), precedence be given to general business notice of motion (general notice) no. 2272 (Rotary Club of Sydney Centenary), standing in the name of the member for Heathcote.

Question put and passed.

15 ADDRESS TO HER MAJESTY THE QUEEN

Ms moved, That:

(1) This House agrees to the following Address to Her Majesty The Queen conveying our condolences on the passing of His Royal Highness The Prince Phillip, Duke of Edinburgh:

'To Her Majesty Elizabeth The Second, Queen of Australia —

May it please Your Majesty —

We, the Members of the Legislative Assembly of New South Wales, take this opportunity to express our gratitude for the devoted life and service of HRH Prince Philip, Duke of Edinburgh, whose death we mourn. We extend to Your Majesty, and other members of the Royal Family, our heartfelt sympathy.'

(2) That Her Excellency the Governor be requested to forward the above address to Her Majesty.

Ms Jodi McKay seconded the motion.

Debate ensued.

Mr speaking—

It being after 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.

16 MESSAGE FROM THE LEGISLATIVE COUNCIL—REFERRAL TO THE INDEPENDENT COMMISSION AGAINST CORRUPTION

The Deputy Speaker reported the following message from the Legislative Council:

MR SPEAKER 1154 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 5 May 2021

The Legislative Council desires to inform the Legislative Assembly that it has this day agreed to the following resolution:

(1) That, under section 73 of the Independent Commission Against Corruption Act 1988 this House refers to the Independent Commission Against Corruption (ICAC) for investigation and report:

(a) the circumstances by which the first stage funding grant of $10 million and the second stage reservation of $20 million for the Riverina Regional Conservatorium in Wagga came to be approved, including who was responsible for approving each stage,

(b) the role of the Premier in either approval,

(c) the circumstances by which the letter of formal approval for the second stage reservation of funding came to be issued on the letterhead of the Premier, but without the Premier's signature,

(d) the date on which the letter of formal approval for the second stage reservation of funding was signed by the Treasurer, noting the letter is undated,

(e) the circumstances by which the then member for Wagga Wagga, Daryl Maguire publicly announced that the second stage reservation funding would be approved, six months before it was approved,

(f) the Premier's failure to declare a conflict of interest whilst taking part in the approval of funding for the Riverina Regional Conservatorium project, despite her close personal relationship with Mr Maguire,

(g) the Premier's refusal to answer repeated questions concerning the Riverina Regional Conservatorium at the Portfolio Committee No. 1 - Premier and Finance, 2020-21 Budget Estimates hearing on 4 March 2021, and

(h) any related matter.

(2) A message be sent to the Legislative Assembly informing it that the Legislative Council has this day agreed to the resolution and, pursuant to section 73 of the Independent Commission Against Corruption Act 1988, requests the Legislative Assembly to pass a similar resolution.

(3) That in the event that the Legislative Assembly does not pass a similar resolution and inform the Legislative Council within two sitting days of receipt of a message from the Legislative Council, the Clerk is to communicate the resolution of the House to the Independent Commission Against Corruption.

(4) That this House notes that:

(a) the Premier undertook a tour of the proposed Riverina Regional Conservatorium of Music project in Wagga in February 2017,

(b) on 16 February 2018, the then member for Wagga, Daryl Maguire publicly announced that the Riverina Regional Conservatorium would receive second stage funding, stating: 'The conservatorium of music will receive funding to the value of $10 million from the State Government to move into and refurbish this building in Wagga Wagga…', and going on to say… 'and also in the near future receive further funding to build a world-class performance venue.', 1155 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 5 May 2021

(c) in evidence to the Public Accountability Committee on 1 February 2021 when asked about the second stage reservation of $20 million Mr Chris Hanger, Deputy Secretary Department of Regional NSW said: 'The Premier made that commitment.',

(d) the formal letter of approval for second stage reservation of $20 million states that 'the Premier and I have agreed to the reservation of up to $20 million…',

(e) the Premier serves on the Expenditure Review Committee of Cabinet which oversaw the reservation of funding for the Riverina Regional Conservatorium,

(f) in evidence to Budget Estimates on 4 March 2021 the Premier said 'I would not have specifically approved that, no.',

(g) when asked if Daryl Maguire had discussed the second stage of the project with the Premier, the Premier said: 'He may have, as do many members of Parliament on projects that are important in their electorates. I cannot confirm. I have no vivid recollection.', and

(h) the formal letter of approval for second stage reservation of $20 million is undated, it was signed in response to a letter of 23 August 2018, and the funding was announced in Wagga on 24 August 2018.

Legislative Council MATTHEW MASON-COX 5 May 2021 President

Ordered by the Deputy Speaker, That Legislative Council message be taken into consideration at a later hour.

17 SUSPENSION OF STANDING AND SESSIONAL ORDERS—REFERRAL TO THE INDEPENDENT COMMISSION AGAINST CORRUPTION

Mr Mark Speakman moved, That standing and sessional orders be suspended at this sitting to:

(1) Permit the consideration, following the conclusion of the public interest debate, of the message from the Legislative Council proposing a referral to the Independent Commission Against Commission and of the following resolution:

'That:

(1) The Legislative Assembly disagrees with the Legislative Council proposal for a reference to the Independent Commission Against Corruption as set out in its message dated 5 May 2021.

(2) A message be sent informing the Legislative Council of the resolution.'

(2) Provide for the following speaking time limits:

(a) Mover – 10 minutes; (b) Two Opposition members – 10 minutes each; (c) One Government member – 10 minutes; (d) One Cross Bench member in favour of the motion – 10 minutes; (e) One Cross Bench member against the motion – 10 minutes; and (f) Mover in reply – 3 minutes.

(3) Provide for the resumption of any interrupted item of business at the conclusion of the debate.

Question put and passed. 1156 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 5 May 2021

18 PUBLIC INTEREST DEBATE—PRIVATISATION

Mr , on behalf of Ms Yasmin Catley, moved, pursuant to notice, That this House does not support any further privatisation of Government assets or services.

Debate ensued.

Question put.

The House divided. Ayes ...... 40 Noes ...... 46 Majority ...... 6 AYES Aitchison, J Harris, D O'Neill, M Atalla, E Harrison, J Park, R Bali, S Haylen, J Parker, J Barr, C Hoenig, R Piper, G Butler, R Kamper, S Saffin, J Car, P Lalich, N Scully, P Chanthivong, A Leong, J Smith, T Cotsis, S Lynch, P Tesch, L Crakanthorp, T McDermott, H Voltz, L Daley, M McKay, J Warren, G Dalton, H Mehan, D (teller) Washington, K Dib, J Mihailuk, T Watson, A (teller) Donato, P Minns, C Zangari, G Finn, J

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

PAIRS Hornery, S Smith, N

In the Chair: Mrs Leslie Williams.

Question negatived. 1157 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 5 May 2021

19 REFERRAL TO THE INDEPENDENT COMMISSION AGAINST CORRUPTION

Mr James Griffin moved, That:

(1) The Legislative Assembly disagrees with the Legislative Council proposal for a reference to the Independent Commission Against Corruption as set out in its message dated 5 May 2021.

(2) A message be sent informing the Legislative Council of the resolution.

Debate ensued.

Question put.

The House divided. Ayes ...... 46 Noes ...... 39 Majority ...... 7 AYES Anderson, K Greenwich, A Provest, G Ayres, S Griffin, J Roberts, A Barilaro, J Gulaptis, C Saunders, D Berejiklian, G Hancock, S Sidgreaves, P Bromhead, S Hazzard, B Singh, G Clancy, J Henskens, A Speakman, M Conolly, K Kean, M Stokes, R Constance, A Lee, G Taylor, M Cooke, S (teller) Lindsay, W Toole, P Coure, M Marshall, A Tuckerman, W Crouch, A (teller) McGirr, J Upton, G Davies, T Pavey, M Ward, G Dominello, V Petinos, E Williams, L Elliott, D Piper, G Williams, R Evans, L Preston, R Wilson, F Gibbons, M

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

PAIRS Smith, N Hornery, S

In the Chair: Mr Jonathan O'Dea. 1158 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 5 May 2021

Question passed.

20 PRIVATE MEMBERS' STATEMENTS

21 COMMUNITY RECOGNITION STATEMENTS

22 ADJOURNMENT

The House adjourned, pursuant to standing and sessional orders, at 9.06 pm, until tomorrow at 9.30 am.

Attendance: All members present except Mr .

Authorised by the Parliament of New South Wales