1873

LEGISLATIVE ASSEMBLY

2015-16-17-18

FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT

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VOTES AND PROCEEDINGS

No. 188

WEDNESDAY 15 AUGUST 2018

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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 MESSAGE FROM THE GOVERNOR

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

T F BATHURST Government House By Deputation for the Governor Sydney, 2 August 2017

I, General The Honourable DAVID HURLEY AC DSC (Ret’d), 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 Dr Mehreen Faruqi, and I do hereby announce and declare that such Members shall assemble for such purpose on Wednesday the 15th day of August 2018 at 3:45 pm 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 Speaker, That the joint sitting be set down as an order of the day for 3.45 pm today as appointed in His Excellency’s message. 1874 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 15 August 2018

3 MESSAGE FROM THE LEGISLATIVE COUNCIL

The Speaker reported a message from the Legislative Council dated 14 August 2018, returning the Fair Trading Amendment (Short-term Rental Accommodation) Bill, without amendment.

4 NOTICES OF MOTIONS (GENERAL NOTICES)

5 ROAD TRANSPORT LEGISLATION AMENDMENT (PENALTIES AND OTHER SANCTIONS) BILL

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

Question again proposed and debate resumed.

Mr obtained an extension of time.

Debate continued.

Question put and passed.

Bill read a second time.

Mrs Melinda Pavey moved, That this bill be now read a third time.

Question put and passed.

Bill read a third time.

6 CRIMINAL PROCEDURE AMENDMENT (PRE-TRIAL DISCLOSURE) BILL

Mr moved, pursuant to notice, That a bill be now introduced for an Act to amend the Criminal Procedure Act 1986 to give effect to recommendations of the statutory review of the Act with respect to the mandatory pre-trial disclosure of certain evidence and other matters in proceedings for indictable offences; and for other purposes.

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 ) and the resumption of the debate made an order of the day for a future day.

7 RSL NSW BILL

Mr David Elliott moved, pursuant to notice, That a bill be now introduced for an Act to reconstitute the Returned and Services League of Australia (New South Wales Branch) as a corporation with the alternate name of RSL NSW; to repeal the Returned and Services League of Australia (New South Wales Branch) Incorporation Act 1935; and for other purposes.

Question put and passed.

Bill introduced and read a first time.

Mr David Elliott moved, That this bill be now read a second time. 1875 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 15 August 2018

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

8 EMERGENCY SERVICES LEGISLATION AMENDMENT BILL

Mr Troy Grant moved, pursuant to notice, That a bill be now introduced for an Act to make miscellaneous amendments to various Acts that relate to emergency services and associated matters.

Question put and passed.

Bill introduced and read a first time.

Mr Troy Grant 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.

9 STRATA SCHEMES MANAGEMENT AMENDMENT (BUILDING DEFECTS SCHEME) BILL

Mr moved, pursuant to notice, That a bill be now introduced for an Act to amend the Strata Schemes Management Act 2015 to make further provision with respect to the rectification of building defects in new strata schemes; and for other purposes.

Question put and passed.

Bill introduced and read a first time.

Mr Matt Kean moved, That this bill be now read a second time.

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

10 BUDGET ESTIMATES AND RELATED PAPERS 2018-2019

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 2018-2019.

Question again proposed and debate resumed.

Mr Andrew Fraser obtained an extension of time. ______

VACANCY IN THE REPRESENTATION OF THE STATE IN THE SENATE OF THE COMMONWEALTH OF AUSTRALIA

(1) The Temporary Speaker (Ms ) reported the following correspondence from the office of His Excellency the Governor:

MICHAEL MILLER RFD Government House Official Secretary to the Governor Sydney, 15 August 2018

I write at His Excellency’s Command, to transmit a copy of a letter to His Excellency from the President of the Senate notifying that a vacancy has happened in the representation of the State of New South Wales through the resignation of Senator the Honourable Lee Rhiannon which occurred on 15 August 2018.

1876 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 15 August 2018

The Senate Canberra 15 August 2018

Your Excellency

Pursuant to the provisions of section 21 of the Commonwealth of Australia Constitution, I notify Your Excellency that there is a vacancy in the representation of the State of New South Wales caused by the resignation of Senator Lee Rhiannon today.

(2) Mr moved, That:

(1) The House meet in the Legislative Council for the purpose of sitting and voting together to choose a person to hold the place in the Senate rendered vacant by the resignation of Senator Lee Rhiannon.

(2) A message be sent informing the Legislative Council of the resolution and requesting the Legislative Council to fix a time and place for the joint sitting.

Question put and passed. ______

Debate continued.

Mr Greg Aplin speaking— ______

It being 1.15 pm, debate interrupted for community recognition statements. ______

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

11 COMMUNITY RECOGNITION STATEMENTS ______

The Temporary Speaker (Ms Sonia Hornery) left the Chair at 1.47 pm.

The Deputy Speaker resumed the Chair at 2.15 pm. ______

12 MINISTERIAL ARRANGEMENT

Mr Anthony Roberts, on behalf of Ms , informed the House that the Minister for Health, and Minister for Medical Research would answer questions today in the absence of the Minister for Mental Health, Minister for Women, and Minister for Ageing.

13 NOTICES OF MOTIONS

14 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

Mr —Workplace Bullying. Mr —Government Policies.

15 QUESTION TIME ______

(1) Following a request from Ms pursuant to standing order 131 (3), the Premier 1877 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 15 August 2018

provided additional information.

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

(3) Following a request from Mr Damien Tudehope pursuant to standing order 131 (3), the Treasurer, and Minister for Industrial Relations provided additional information.

(4) Following a request from Mr Michael Johnsen pursuant to standing order 131 (3), the Minister for Innovation and Better Regulation provided additional information. ______

16 MESSAGE FROM THE LEGISLATIVE COUNCIL—VACANCY IN THE REPRESENTATION OF THE STATE IN THE SENATE OF THE COMMONWEALTH OF AUSTRALIA

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

Madam SPEAKER

The Legislative Council, having taken into consideration the Legislative Assembly’s message of this day, agrees to meet the Legislative Assembly for the purpose of sitting and voting together to choose a person to hold the place in the Senate rendered vacant by the resignation of Senator Lee Rhiannon, in the Legislative Council Chamber, immediately following the Joint Sitting to fill a casual vacancy in the Legislative Council this day at 3.45 pm.

Legislative Council JOHN AJAKA 15 August 2018 President

Ordered by the Deputy Speaker, That the joint sitting be set down as an order of the day for today as appointed in the Legislative Council’s message.

17 PAPERS

(1) Mr tabled a report entitled “OCHRE Evaluation Synthesis Report, Stage 1 Final Report’, dated June 2018.

(2) Mr Mark Speakman tabled Report 145 of the New South Wales Law Reform Commission entitled “Review of the Guardianship Act 1987”, dated May 2018.

18 PETITIONS

(1) The Clerk announced that the following members had each lodged petitions for presentation:

Mr —from certain citizens opposing the sale of animals in pet shops.

Ms —from certain citizens requesting that a percentage of all new residential developments be set aside for affordable housing.

Mr Alex Greenwich—from certain citizens requesting new inner city ferries.

Mr —from certain citizens requesting the prioritisation of the construction of lifts at Tuggerah Railway Station.

Ms Jo Haylen—from certain citizens requesting the Legislative Assembly call on the Government to keep Summer Hill Ambulance Station open and not to sell the land to private developers.

Mr Alex Greenwich—from certain citizens requesting the Government upgrade rather than rebuild the 1878 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 15 August 2018

Sydney Football Stadium and direct the savings into health, education and community sports facilities.

(2) The Clerk announced that the following member had lodged a petition for presentation signed by 500 or more persons:

Mr Alex Greenwich—from certain citizens requesting the Government give owners corporations the authority to control short-term letting in their building, including to place limits beyond state controls or to ban the practice outright.

(3) The Clerk also announced receipt of the following ministerial response to a petition signed by 500 or more persons:

The Hon. Anthony Roberts—lodged 5 June 2018—Requesting that the Legislative Assembly refuse the proposed modification to the Delhi Road pedestrian bridge and instead ensure the bridge is designed and constructed to take account of the surrounding bushland—(Mr ).

19 PLACING OR DISPOSAL OF BUSINESS—LAPSING OF GENERAL BUSINESS

The Deputy Speaker advised the House that in accordance with standing order 105 (3);

(1) General business notices of motions (general notices) nos 2771 to 2790, had lapsed; and

(2) General business notices of motions (general notices) nos 2791 to 2808, would lapse tomorrow.

20 RE-ORDERING OF GENERAL BUSINESS

Mr Kevin Anderson moved, That the general business notice of motion (general notice) given by him this day (Drought Relief) have precedence on Thursday 16 August 2018.

Debate ensued.

Question put and passed.

21 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

(1) Mr Alister Henskens commenced a statement in support of his notice being accorded priority over the other business of the House. ______

Mr Michael Daley moved, That the member for Ku-ring-gai be not further heard.

Question put.

The House divided.

AYES 27

Mr Atalla, Mr Bali, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Mr Foley, Mr Harris, Ms Harrison, Mr Hoenig, Ms Hornery, Mr Kamper, Mr Lynch, Dr McDermott, Ms McKay, Ms Mihailuk, Mr Minns, Mr Park, Mr Scully, Mr Warren and Mr Zangari.

Tellers: Ms Tesch and Ms Watson.

NOES 51

Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Mr Brookes, Mr Conolly, Mr Constance, Ms Cooke, Mr Coure, Mr Dominello, Mr Donato, Mr Elliott, Mr A.W. Evans, Mr L.J. Evans, Mr Fraser, Ms Gibbons, 1879 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 15 August 2018

Ms Goward, Mr Grant, Mr Greenwich, Mr Griffin, Mr Gulaptis, Mr Hazzard, Mr Henskens, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Ms Leong, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mr Parker, Mrs Pavey, Ms Petinos, Mr Piper, Mr Roberts, Mr Rowell, Mr Sidoti, Ms T.F. Smith, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams, Mrs Williams and Ms Wilson.

Tellers: Mr Bromhead and Mr Patterson. In the Chair: Mr George.

Pairs: Ms Aitchison—Ms Berejiklian; Ms Cotsis—Mr Crouch; Ms Finn—Mrs Davies; Mr Lalich—Mrs Hancock; Mr Mehan—Mr Perrottet and Ms Washington—Mr Provest.

Question negatived. ______

It being 3.45 pm, proceedings interrupted for the Joint Sittings. ______

22 JOINT SITTINGS—VACANCIES IN THE LEGISLATIVE COUNCIL AND IN THE REPRESENTATION OF THE STATE IN THE SENATE OF THE COMMONWEALTH OF AUSTRALIA

The orders of the day were read and the Deputy Speaker informed the House that the time had arrived to proceed to the Legislative Council Chamber to:

(1) Elect a person to fill the seat in the Legislative Council vacated by Dr Mehreen Faruqi; and

(2) Elect a person to fill the seat in the Senate rendered vacant by the resignation of Senator Lee Rhiannon.

The House proceeded to the Legislative Council Chamber.

The House returned and the Speaker resumed the Chair.

The Deputy Speaker reported that:

(1) Cate Faehrmann had been duly elected to fill the vacancy in the Legislative Council; and

(2) Dr Mehreen Faruqi had been duly elected to fill the vacancy in the Senate of the Commonwealth of Australia.

The Deputy Speaker tabled:

“Minutes of the Proceedings of the Joint Sitting of the Houses of Parliament of New South Wales held on Wednesday 15 August 2018 to choose a person to fill the vacancy in the Legislative Council caused by the resignation Dr Mehreen Faruqi.”

“Minutes of the Proceedings of the Joint Sitting of the Houses of Parliament of New South Wales held on Wednesday 15 August 2018 to choose a person to hold the place in the Senate rendered vacant by the resignation of Senator Lee Rhiannon.”

Ordered to be printed.

23 DEATH OF WALLACE CLYDE FIFE, A FORMER MINISTER OF THE CROWN

Ms Gladys Berejiklian moved, That this House extends to the family the deep sympathy of members of the Legislative Assembly in the loss sustained by the death, on 16 November 2017, of the Honourable Wallace Clyde Fife, a former Minister of the Crown. 1880 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 15 August 2018

The motion was seconded by Mr and supported by Mr Thomas George.

Question put and carried unanimously—members and officers of the House standing.

24 SUSPENSION OF STANDING AND SESSIONAL ORDERS—SPEAKING TIME

Mr Anthony Roberts moved, That standing and sessional orders be suspended at this sitting to permit the member for Ku-ring-gai to speak for an additional period of two minutes and six seconds in support of his notice being accorded priority over the other business of the House.

Question put and passed.

25 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

(1) Mr Alister Henskens concluded the statement in support of his notice being accorded priority over the other business of the House.

(2) Mr Chris Minns also made a statement in support of his notice being accorded priority—

That this House:

(1) Calls on The Nationals to start acting like a team and stop the war inside its own ranks.

(2) Notes its shifting positions on nuclear power, council amalgamations and drought assistance.

(3) Calls on the Government to stop focusing on itself and start putting the people of New South Wales first.

Question—That the motion of the member for Ku-ring-gai be accorded priority—put.

The House divided.

AYES 42

Mr Anderson, Mr Aplin, Mr Ayres, Mr Brookes, Mr Conolly, Mr Constance, Ms Cooke, Mr Coure, Mr Dominello, Mr Elliott, Mr A.W. Evans, Mr L.J. Evans, Mr Fraser, Ms Gibbons, Ms Goward, Mr Grant, Mr Griffin, Mr Gulaptis, Mr Hazzard, Mr Henskens, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mrs Pavey, Ms Petinos, Mr Rowell, Mr Sidoti, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Mr Ward, Mrs Williams, Mr Williams and Ms Wilson.

Tellers: Mr Bromhead and Mr Patterson.

NOES 29

Mr Atalla, Mr Bali, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Mr Greenwich, Mr Harris, Ms Harrison, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Ms McKay, Ms Mihailuk, Mr Minns, Mr Park, Mr Piper, Mr Scully, Mr Warren and Mr Zangari.

Tellers: Ms Tesch and Ms Watson. In the Chair: Mr George.

Pairs: Mr Barilaro—Ms Aitchison; Ms Berejiklian—Ms Cotsis; Mr Crouch—Ms Finn; Mrs Davies—Mr Foley; Mrs Hancock—Ms Haylen; Mr Perrottet—Mr Lalich; Mr Provest—Mr Mehan and Ms Upton— Ms Washington.

Question passed. 1881 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 15 August 2018

26 MOTION ACCORDED PRIORITY—WORKPLACE BULLYING

Mr Alister Henskens moved, pursuant to notice, That this House:

(1) Condemns workplace bullying.

(2) Notes that NSW Labor refuses to release the full report into the Federal member for Lindsay.

(3) Calls upon the Leader of the Opposition to ensure the Shadow Minister for Industrial Relations explains his involvement in this matter.

Debate ensued. ______

Disorder: At 4.55 pm, the Deputy Speaker directed Mr Luke Foley to leave the Chamber for two hours. ______

Debate continued.

Mr Alister Henskens speaking in reply— ______

Ms moved, That the member for Ku-ring-gai be not further heard.

Question put.

The House divided.

AYES 26

Mr Atalla, Mr Bali, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Mr Harris, Ms Harrison, Mr Hoenig, Ms Hornery, Mr Kamper, Mr Lynch, Dr McDermott, Ms McKay, Ms Mihailuk, Mr Minns, Mr Park, Mr Scully, Mr Warren and Mr Zangari.

Tellers: Ms Tesch and Ms Watson.

NOES 40

Mr Anderson, Mr Aplin, Mr Ayres, Mr Brookes, Mr Conolly, Mr Constance, Ms Cooke, Mr Coure, Mr Elliott, Mr A.W. Evans, Mr L.J. Evans, Mr Fraser, Ms Gibbons, Mr Grant, Mr Griffin, Mr Gulaptis, Mr Hazzard, Mr Henskens, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mrs Pavey, Ms Petinos, Mr Roberts, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mrs Williams, Mr Williams and Ms Wilson.

Tellers: Mr Bromhead and Mr Patterson. In the Chair: Mr George.

Pairs: Ms Aitchison—Mr Barilaro; Ms Cotsis—Ms Berejiklian; Ms Finn—Mr Crouch; Ms Haylen—Mrs Davies; Mr Lalich—Mr Dominello; Mr Mehan—Mrs Hancock and Ms Washington—Mr Rowell.

Question negatived. ______

Mr Alister Henskens concluded his reply.

Question put.

The House divided. 1882 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 15 August 2018

AYES 42

Mr Anderson, Mr Aplin, Mr Ayres, Mr Brookes, Mr Conolly, Ms Cooke, Mr Coure, Mr Dominello, Mr Elliott, Mr A.W. Evans, Mr L.J. Evans, Mr Fraser, Ms Gibbons, Ms Goward, Mr Grant, Mr Griffin, Mr Gulaptis, Mr Hazzard, Mr Henskens, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mrs Pavey, Ms Petinos, Mr Roberts, Mr Sidoti, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mrs Williams, Mr Williams and Ms Wilson.

Tellers: Mr Bromhead and Mr Patterson.

NOES 25

Mr Atalla, Mr Bali, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Mr Harris, Ms Harrison, Mr Hoenig, Ms Hornery, Mr Kamper, Mr Lynch, Dr McDermott, Ms McKay, Ms Mihailuk, Mr Minns, Mr Park, Ms Tesch and Mr Warren.

Tellers: Mr Scully and Ms Watson. In the Chair: Mr George.

Pairs: Mr Barilaro—Ms Aitchison; Ms Berejiklian—Ms Cotsis; Mr Constance—Ms Finn; Mr Crouch— Ms Haylen; Mrs Hancock—Mr Lalich; Mr Perrottet—Mr Mehan; Mr Provest—Ms Washington and Mr Rowell—Mr Zangari.

Question passed.

27 MATTER OF PUBLIC IMPORTANCE—NATIONAL SCIENCE WEEK

The Deputy Speaker previously informed the House of receipt from Mr James Griffin of a notice of a matter of public importance, namely:

National Science Week.

Discussion ensued and concluded.

28 PRIVATE MEMBERS’ STATEMENTS

29 MESSAGES FROM THE LEGISLATIVE COUNCIL

The Temporary Speaker (Ms Sonia Hornery) reported messages from the Legislative Council returning the following bills without amendment:

15 August 2018

Fair Trading Legislation Amendment (Consumer Guarantee Directions) Bill Paintball Bill.

30 ADJOURNMENT

The House adjourned, pursuant to standing and sessional orders, at 7.19 pm, until tomorrow, at 10.00 am.

1883 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 15 August 2018

Attendance: All members present except Ms , Ms , Mr , Mrs , Mr Nick Lalich, Mr David Mehan, Mr and Ms .

HELEN MINNICAN Clerk of the Legislative Assembly Speaker ______

Authorised by the Parliament of New South Wales