Votes and Proceedings

167

LEGISLATIVE ASSEMBLY

2011

FIRST SESSION OF THE FIFTY-FIFTH PARLIAMENT

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VOTES AND PROCEEDINGS

No. 19

THURSDAY 16 JUNE 2011

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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 INDUSTRIAL RELATIONS AMENDMENT (PUBLIC SECTOR CONDITIONS OF EMPLOYMENT) BILL

The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Mike Baird, That this bill be now agreed to in principle.

Question again proposed and debate resumed.

Mr Nickola Lalich, Mr Guy Zangari, Mr Paul Lynch, Mr Nathan Rees, Mrs Barbara Perry, Dr Andrew McDonald, Mr Richard Amery and Mr Michael Daley obtained extensions of time. ______

MESSAGE FROM THE LEGISLATIVE COUNCIL

The Acting Speaker (Mr Geoff Provest) reported a message from the Legislative Council dated 16 June 2011, returning the Payroll Tax Rebate Scheme (Jobs Action Plan) Bill, without amendment. ______

Debate continued.

Question put. 168 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 16 June 2011

The House divided.

AYES 60

Mr Anderson, Mr Annesley, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Mr Bassett, Mr Baumann, Ms Berejiklian, Mr Bromhead, Mr Cansdell, Mr Casuscelli, Mr Conolly, Mr Constance, Mr Cornwell, Mr Coure, Mrs Davies, Mr Dominello, Mr Edwards, Mr Elliott, Mr Evans, Mr Flowers, Mr Fraser, Mr Gee, Mr George, Ms Gibbons, Ms Goward, Mr Grant, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mr Holstein, Mr Humphries, Mr Issa, Mr Kean, Dr Lee, Mr Notley-Smith, Mr O’Farrell, Mr Owen, Mr Page, Mr Perrottet, Mr Provest, Mr Roberts, Mr Rohan, Mr Rowell, Mrs Sage, Mrs Skinner, Mr Smith, Mr Souris, Mr Speakman, Mr Spence, Mr Stokes, Mr Stoner, Mr Toole, Mr Ward, Mr Webber, Mr R.C. Williams and Mrs Williams.

Tellers: Mr Maguire and Mr J.D. Williams.

NOES 21

Mr Barr, Ms Burney, Ms Burton, Mr Daley, Mr Furolo, Ms Hay, Ms Keneally, Mr Lalich, Mr Lynch, Dr McDonald, Ms Mihailuk, Ms Moore, Mrs Perry, Mr Piper, Mr Rees, Mr Robertson, Mr Torbay, Ms Watson and Mr Zangari.

Tellers: Mr Amery and Mr Park. In the Chair: Mrs Hancock.

Question passed.

Bill agreed to in principle.

Mr Michael Daley having requested the bill be considered in detail— ______

The Speaker, by leave, proposed the bill in groups of clauses and schedules.

Clauses 1 and 2

Question—That the clauses be agreed to—put and passed.

Schedule 1

Question proposed—That the schedule be agreed to.

Mr Michael Daley moved:

Page 3, Schedule 1 [2], proposed section 146C. Insert after line 22:

(3) A regulation must not declare a policy under this section unless:

(a) the declared policy applies only to specified proceedings for an award or order, and (b) the parties to the proceedings have agreed to the making of the regulation.

Question proposed—That the amendment be agreed to.

Debate ensued.

169 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 16 June 2011

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With concurrence, government business continued beyond 1.30 pm to allow the proceedings on the Industrial Relations Amendment (Public Sector Conditions of Employment) Bill to be concluded. ______

Debate continued.

Question put.

The House divided.

AYES 23

Mr Barr, Ms Burney, Ms Burton, Mr Daley, Mr Furolo, Ms Hay, Ms Hornery, Ms Keneally, Mr Lalich, Mr Lynch, Dr McDonald, Ms Mihailuk, Ms Moore, Mr Parker, Mrs Perry, Mr Piper, Mr Rees, Mr Robertson, Mr Torbay, Ms Watson and Mr Zangari.

Tellers: Mr Amery and Mr Park.

NOES 63

Mr Anderson, Mr Annesley, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Mr Bassett, Mr Baumann, Ms Berejiklian, Mr Bromhead, Mr Brookes, Mr Cansdell, Mr Casuscelli, Mr Conolly, Mr Constance, Mr Cornwell, Mr Coure, Mrs Davies, Mr Dominello, Mr Edwards, Mr Elliott, Mr Evans, Mr Flowers, Mr Fraser, Mr Gee, Mr George, Ms Gibbons, Ms Goward, Mr Grant, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mr Holstein, Mr Humphries, Mr Issa, Mr Kean, Dr Lee, Mr Notley-Smith, Mr O’Farrell, Mr Owen, Mr Page, Ms Parker, Mr Perrottet, Mr Provest, Mr Roberts, Mr Rohan, Mr Rowell, Mrs Sage, Mr Sidoti, Mrs Skinner, Mr Smith, Mr Souris, Mr Speakman, Mr Spence, Mr Stokes, Mr Stoner, Mr Toole, Mr Ward, Mr Webber, Mr R.C. Williams and Mrs Williams.

Tellers: Mr Maguire and Mr J.D. Williams. In the Chair: Mrs Hancock.

Question negatived—amendment not agreed to.

Question—That the schedule be agreed to—put.

The House divided.

AYES 64

Mr Anderson, Mr Annesley, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Mr Bassett, Mr Baumann, Ms Berejiklian, Mr Bromhead, Mr Brookes, Mr Cansdell, Mr Casuscelli, Mr Conolly, Mr Constance, Mr Cornwell, Mr Coure, Mrs Davies, Mr Dominello, Mr Edwards, Mr Elliott, Mr Evans, Mr Flowers, Mr Fraser, Mr Gee, Mr George, Ms Gibbons, Ms Goward, Mr Grant, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mr Holstein, Mr Humphries, Mr Issa, Mr Kean, Dr Lee, Mr Notley-Smith, Mr O’Farrell, Mr Owen, Mr Page, Ms Parker, Mr Patterson, Mr Perrottet, Mr Provest, Mr Roberts, Mr Rohan, Mr Rowell, Mrs Sage, Mr Sidoti, Mrs Skinner, Mr Smith, Mr Souris, Mr Speakman, Mr Spence, Mr Stokes, Mr Stoner, Mr Toole, Mr Ward, Mr Webber, Mr R.C. Williams and Mrs Williams.

Tellers: Mr Maguire and Mr J.D. Williams.

NOES 23

Tellers: Mr Amery and Mr Park. In the Chair: Mrs Hancock.

Question passed. ______

Mr Mike Baird moved, That this bill be now passed.

Question put.

The House divided.

AYES 64

Mr Anderson, Mr Annesley, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Mr Bassett, Mr Baumann, Ms Berejiklian, Mr Bromhead, Mr Brookes, Mr Cansdell, Mr Casuscelli, Mr Conolly, Mr Constance, Mr Cornwell, Mr Coure, Mrs Davies, Mr Dominello, Mr Edwards, Mr Elliott, Mr Evans, Mr Flowers, Mr Fraser, Mr Gee, Mr George, Ms Gibbons, Ms Goward, Mr Grant, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mr Holstein, Mr Humphries, Mr Issa, Mr Kean, Dr Lee, Mr Notley-Smith, Mr O'Farrell, Mr Owen, Mr Page, Ms Parker, Mr Patterson, Mr Perrottet, Mr Provest, Mr Roberts, Mr Rohan, Mr Rowell, Mrs Sage, Mr Sidoti, Mrs Skinner, Mr Smith, Mr Souris, Mr Speakman, Mr Spence, Mr Stokes, Mr Stoner, Mr Toole, Mr Ward, Mr Webber, Mr R.C. Williams and Mrs Williams.

Tellers: Mr Maguire and Mr J.D. Williams.

NOES 23

Tellers: Mr Amery and Mr Park. In the Chair: Mrs Hancock.

Question passed.

3 SUSPENSION OF STANDING AND SESSIONAL ORDERS—ROUTINE OF BUSINESS

Mr Brad Hazzard moved, That standing and sessional orders be suspended at this sitting to provide for the following routine of business after the conclusion of the motion accorded priority:

(1) Government business; (2) At 5.30 pm, notices of motions (general notices); (3) Order of the day (petitions); (4) At 6.00 pm, inaugural speeches; (5) Government business; and (6) The House to adjourn without motion moved at the conclusion of government business.

Question put and passed.

4 INAUGURAL SPEECHES

Mr Brad Hazzard moved, That the business before the House be interrupted:

(1) At 6.00 pm to permit the presentation of inaugural speeches by the members for Londonderry and Mulgoa; and

(2) At 11.30 am on Friday 17 June 2011 to permit the presentation of an inaugural speech by the member for Rockdale. 171 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 16 June 2011

Question put and passed.

5 SUSPENSION OF STANDING AND SESSIONAL ORDERS—GOVERNMENT BUSINESS

Mr Brad Hazzard moved, That standing and sessional orders be suspended to permit:

(1) The resumption of the adjourned debate and passage through all remaining stages at this or any subsequent sitting of the Local Government Amendment (Elections) Bill.

(2) The passage through all stages at this or any subsequent sitting of the Environmental Planning and Assessment Amendment (Part 3A Repeal) Bill.

Question put and passed. ______

The Speaker left the Chair at 1.53 pm.

The Speaker resumed the Chair at 2.15 pm. ______

6 PERSONAL EXPLANATION

Mr Bart Bassett, by leave, made a personal explanation in relation to a drink driving charge.

7 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

Mr Matt Kean—100 Day Action Plan. Mr John Robertson—Industrial Relations Legislation.

8 QUESTION TIME ______

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

9 PETITION SIGNED BY 10,000 OR MORE PERSONS

The Speaker announced that the following member had lodged a petition for presentation signed by 10,000 or more persons:

Mr Barry O’Farrell—from certain citizens requesting increased funding for Northern Sydney Palliative Care Community Services and for palliative care community services in all areas of NSW.

10 PETITIONS

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

Mr Donald Page—from certain citizens requesting the immediate implementation of Stage 3 of the redevelopment of Lismore Base Hospital.

Mr Donald Page—from certain citizens requesting that the draft Local Environmental Plan template be amended to enable Crown Reserves, that are not National Parks or Nature Reserves, to be protected from development.

Ms Clover Moore—from certain citizens requesting the removal of the clearway on Oxford Street and the imposition of a 40kph speed limit in Oxford Street, Paddington. 172 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 16 June 2011

Ms Clover Moore—from certain citizens opposing the sale of animals in pet shops.

Ms Clover Moore—from certain citizens requesting increased mental health support for people with mental illness who are tenants of Housing NSW and Community Housing.

Ms Clover Moore—from certain citizens requesting the reservation of the Gardens of Stone Stage 2 Park Proposal under the National Parks and Wildlife Act 1974.

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

Mr George Souris—from certain citizens requesting the suspension of extractive industries in the Greater Bylong Valley area, pending the outcome of proposed water and/or land use studies.

11 PLACING OR DISPOSAL OF BUSINESS—PROTECTING JOURNALISTS’ SOURCES

Mr Jamie Parker moved, That general business order of the day (general order) no. 1 (Protecting Journalists’ Sources) be discharged.

Question put and passed.

12 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

(1) Mr Matt Kean made a statement in support of his notice being accorded priority over the other business of the House.

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

That this House:

(1) Notes the many ways in which the Premier has spun, dissembled, obfuscated and otherwise misled this House and the people of New South Wales about his WorkChoices style laws.

(2) Condemns the Premier for obliterating his contract with the people of New South Wales to lead “honest and accountable” Government.

Question—That the motion of the member for Hornsby be accorded priority—put and passed.

13 MOTION ACCORDED PRIORITY—100 DAY ACTION PLAN

Mr Matt Kean moved, pursuant to notice, That this House notes the Government’s progress on its 100 Day Action Plan.

Debate ensued.

Question put and passed.

14 LOCAL GOVERNMENT AMENDMENT (ELECTIONS) BILL

The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Donald Page, That this bill be now agreed to in principle.

Question again proposed and debate resumed.

Ms Cherie Burton moved, That this debate be now adjourned.

173 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 16 June 2011

Question put and passed.

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

It being 5.30 pm, notices of motions (general notices) proceeded with. ______

15 NOTICE OF MOTION (GENERAL NOTICE)

16 DISCUSSION OF PETITION SIGNED BY 10,000 OR MORE PERSONS—PUBLIC SECTOR PAY AND CONDITIONS

The order of the day was read for the discussion of the petition signed by 10,000 or more persons presented by Mr John Robertson, namely:

From certain citizens opposing the proposed Industrial Relations Amendment (Public Sector Conditions of Employment) Bill 2011 and requesting that public sector workers have access to pay rises relative to cost of living increases, the Industrial Relations Commission and good faith bargaining.

Discussion ensued and concluded.

17 MESSAGE FROM THE LEGISLATIVE COUNCIL

The Speaker reported a message from the Legislative Council dated 16 June 2011, returning the Evidence Amendment (Journalist Privilege) Bill, without amendment. ______

It being before 6.00 pm— ______

18 INAUGURAL SPEECHES

Inaugural speeches were made by Mr Bart Bassett and Mrs Tanya Davies.

Mr Bart Bassett and Mrs Tanya Davies obtained extensions of time.

19 LOCAL GOVERNMENT AMENDMENT (ELECTIONS) BILL

The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Donald Page, That this bill be now agreed to in principle.

Question again proposed and debate resumed.

Question put and passed.

Bill agreed to in principle.

The Acting Speaker (Ms Melanie Gibbons) declared the bill to have passed the House.

20 ENVIRONMENTAL PLANNING AND ASSESSMENT AMENDMENT (PART 3A REPEAL) BILL

Mr Brad Hazzard moved, pursuant to notice, That a bill be now introduced for an Act to amend the Environmental Planning and Assessment Act 1979 to repeal Part 3A of that Act and to make provision consequent on that repeal.

174 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 16 June 2011

Question put and passed.

Bill introduced.

Mr Brad Hazzard moved, That this bill be now agreed to in principle. ______

PAPERS

Mr Brad Hazzard, by leave, tabled the following papers during the agreement in principle speech:

Policy Statement on the Environmental Planning and Assessment Amendment (Part 3A Repeal) Bill entitled “Ministerial ‘call in’ for State significant development”, dated June 2011.

Policy Statement on the Environmental Planning and Assessment Amendment (Part 3A Repeal) Bill entitled “Proposed State significant development and infrastructure classes”, dated June 2011.

Policy Statement on the Environmental Planning and Assessment Amendment (Part 3A Repeal) Bill entitled “State significant development – procedures”, dated June 2011. ______

Debate ensued.

Question put and passed.

Bill agreed to in principle.

The Deputy Speaker declared the bill to have passed the House.

21 INFRASTRUCTURE NSW BILL

The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Barry O’Farrell, That this bill be now agreed to in principle.

Question again proposed and debate resumed.

Mr Richard Amery moved, That this debate be now adjourned.

Question put and passed.

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

22 ADJOURNMENT

The House adjourned, pursuant to the resolution of the House, at 10.02 pm, until tomorrow, at 10.00 am.

Attendance: All members present except Ms Carmel Tebbutt.

RUSSELL D. GROVE PSM SHELLEY HANCOCK Clerk of the Legislative Assembly Speaker ______

Authorised by the Parliament of New South Wales