Minutes of the Proceedings 3

LEGISLATIVE COUNCIL MINUTES OF THE PROCEEDINGS No. 134 — Thursday, 22 August 2013

Proof Version

1 The President took the Chair and read the Prayer. 2 JOINT SITTING — The President reported that the House met with the Legislative Assembly on Wednesday, 21 August 2013 — (1) to choose a person to hold the seat in the Legislative Council rendered vacant by the resignation of Mrs Donna Petrovich and that Mrs Amanda Louise Millar was elected to hold the vacant place in the Legislative Council; and (2) to choose a person to hold the place in the Senate rendered vacant by the resignation of Senator the Honourable David Ian Feeney and that Mr Mehmet Tillem was chosen to hold the vacant place in the Senate. 3 NEW MEMBER — DECLARATION OF ALLEGIANCE — Mrs Amanda Louise Millar, having been introduced, approached the Table and took and subscribed the Oath required by law. 4 PETITIONS — SWINBURNE FACILITIES — Mr Leane and Mr Scheffer each presented a Petition bearing 1,014 and 579 signatures, respectively, from certain citizens of Victoria requesting that the Government ensures the Swinburne Lilydale TAFE and University facilities remain solely for educational purposes and that the land zoning is not changed to facilitate the breaking up of the Swinburne site. Ordered to lie on the Table. * * * * * BALLARAT SCHOOLS — Ms Pulford presented a Petition bearing 8 signatures from certain citizens of Victoria requesting that the Government provide funds for the maintenance of Government schools in Ballarat. Ordered to lie on the Table. * * * * * HEALTH FUNDING — Ms Tierney presented a Petition bearing 101 signatures from certain citizens of Victoria requesting that the Government restore funding to essential health services and deliver their promised hospital beds. Ordered to lie on the Table. * * * * * REGIONAL ROADS FUNDING — Ms Tierney presented a Petition bearing 139 signatures from certain citizens of Victoria requesting that the Government reinstate all funding and resources cut from roads maintenance in rural and regional Victoria and guarantee that no further cuts will be made. Ordered to lie on the Table. * * * * * 2 Legislative Council of Victoria

BALLARAT AMBULANCE SERVICE — Ms Pulford presented a Petition bearing 157 signatures from certain citizens of Victoria requesting that the Government immediately address the failure to provide Ballarat with the continuous coverage of professional paramedic services it needs. Ordered to lie on the Table. 5 PAPERS PURSUANT TO STATUTE — The following Papers, pursuant to the directions of several Acts of Parliament, were laid on the Table by the Clerk: Ombudsman — Report on the Investigation into unenforced warrants, August 2013. Professional Standards Act 2003 — Bar Association of Queensland Scheme, 21 June 2013. 6 SITTING OF THE COUNCIL — Mr D.M. Davis moved, That the Council, at its rising, adjourn until Tuesday, 3 September 2013. Question — put and agreed to. 7 LEGAL AND SOCIAL ISSUES STANDING COMMITTEES — Mr D.M. Davis moved, by leave, That Mr Elsbury be discharged from the Legal and Social Issues Legislation Committee and the Legal and Social Issues References Committee and that Mrs Millar be appointed in his place. Question — put and agreed to. 8 MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing Order 5.12. 9 PETITION — BAIRNSDALE TRAIN SERVICE — Mr Viney, by leave, presented a Petition bearing 407 signatures from certain citizens of Victoria requesting that the Government invests the necessary resources to guarantee a V/Line train service to and from Bairnsdale into the future. Ordered to lie on the Table. On the motion of Mr Viney, the petition was ordered to be taken into consideration on the next day of meeting. 10 BUSINESS POSTPONED — Ordered — That the consideration of the Notices of Motion, Government Business, Nos. 22 to 620, be postponed until later this day. 11 INAUGURAL SPEECH — Mr D.M. Davis moved, That the inaugural speech of Mrs Amanda Millar be now heard. Question — put and agreed to. 12 UNIVERSITY OF BALLARAT AMENDMENT (FEDERATION UNIVERSITY AUSTRALIA) BILL 2013 — Debate resumed on the question, That the Bill be now read a second time. Question — put and agreed to. Bill read a second time and committed to a Committee of the whole. House in Committee. Bill reported without amendment, the Report was adopted, and the Bill was read a third time and passed. Bill transmitted to the Assembly with a Message requesting their agreement. Business having been interrupted at 12 noon pursuant to Standing Orders — 13 QUESTIONS — Questions without notice were taken pursuant to Standing Order 8.04. 14 NATIONAL PARKS AMENDMENT (LEASING POWERS AND OTHER MATTERS) BILL 2013 — Debate resumed on the question, That the Bill be now read a second time. Question — put. The Council divided — The President in the Chair. AYES, 19 NOES, 17 Mrs Coote Mr Barber Ms Crozier Ms Broad Mr Dalla-Riva Mr Eideh Minutes of the Proceedings 3

Mr D.M. Davis Mr Elasmar Mr P.R. Davis Ms Hartland Mr Drum (Teller) Mr Leane Mr Elsbury Mr Lenders Mr Finn Mr Melhem (Teller) Mr Guy Ms Mikakos Mr Hall Ms Pennicuik Mr Koch Ms Pulford Mrs Kronberg Mr Scheffer Ms Lovell Mr Somyurek (Teller) Mrs Millar Mr Tarlamis Mr O’Brien (Teller) Mr Tee Mr O’Donohue Ms Tierney Mr Ondarchie Mr Viney Mrs Peulich Mr Ramsay Question agreed to. Bill read a second time and, by leave, read a third time and passed. Bill returned to the Assembly with a Message informing them that the Council have agreed to the Bill without amendment. 15 PRODUCTION OF DOCUMENTS — VICTORIA PLANNING ZONES REVIEW — The Clerk laid on the Table a letter from the Minister for Planning in response to the Resolution of the Council of 12 December 2012 seeking the production of documents relating to the reformed zones for Victoria planning zones review —  advising that the reformed zones are to be implemented shortly; and  indicating that the Government will respond as soon as that process has been completed. 16 BAIL AMENDMENT BILL 2013 — Debate resumed on the question, That the Bill be now read a second time. Question — put and agreed to. Bill read a second time and committed to a Committee of the whole. House in Committee. Bill reported without amendment, the Report was adopted, and the Bill was read a third time and passed. Bill returned to the Assembly with a Message informing them that the Council have agreed to the Bill without amendment. 17 MAJOR TRANSPORT PROJECTS FACILITATION AMENDMENT (EAST WEST LINK AND OTHER PROJECTS) BILL 2013 — The President read a Message from the Assembly presenting A Bill for an Act to amend the Major Transport Projects Facilitation Act 2009 to facilitate the East West Link project and other major transport projects by reducing procedural delays and red tape, to amend the Transport Integration Act 2010 to improve the operation of that Act and for other purposes and requesting the agreement of the Council. On the motion of Mr Rich-Phillips (for Mr Guy), the Bill was read a first time and, by leave, ordered to be read a second time forthwith. Mr Rich-Phillips laid on the Table the statement of compatibility as required by the Charter of Human Rights and Responsibilities Act 2006. On the motion of Mr Rich-Phillips, the second reading speech was incorporated into Hansard. Mr Rich-Phillips moved, That the Bill be now read a second time. On the motion of Mr Leane (for Mr Tee), the debate was adjourned for one week. 18 CORRECTIONS AMENDMENT (BREACH OF PAROLE) BILL 2013 — The President read a Message from the Assembly presenting A Bill for an Act to amend the Corrections Act 1986 and the Sentencing Act 1991 in relation to the commission of offences by prisoners released 4 Legislative Council of Victoria

on parole and the breach of terms and conditions of parole orders and requesting the agreement of the Council. On the motion of Mr Rich-Phillips (for Mr O'Donohue), the Bill was read a first time and, by leave, ordered to be read a second time forthwith. Mr Rich-Phillips laid on the Table the statement of compatibility as required by the Charter of Human Rights and Responsibilities Act 2006. On the motion of Mr Rich-Phillips, the second reading speech was incorporated into Hansard. Mr Rich-Phillips moved, That the Bill be now read a second time. On the motion of Mr Leane (for Mr Tee), the debate was adjourned for one week. 19 FORTIFICATION REMOVAL BILL 2013 — The President read a Message from the Assembly presenting A Bill for an Act to provide for the Magistrates' Court, on application by the Chief Commissioner of Police, to require the removal or modification of fortifications on premises that are connected to certain criminal offences and for other purposes and requesting the agreement of the Council. On the motion of Mr Rich-Phillips (for Mr O'Donohue), the Bill was read a first time and, by leave, ordered to be read a second time forthwith. Mr Rich-Phillips laid on the Table the statement of compatibility as required by the Charter of Human Rights and Responsibilities Act 2006. On the motion of Mr Rich-Phillips, the second reading speech was incorporated into Hansard. Mr Rich-Phillips moved, That the Bill be now read a second time. On the motion of Ms Mikakos, the debate was adjourned for one week. 20 ROAD SAFETY AND SENTENCING ACTS AMENDMENT BILL 2013 — The President read a Message from the Assembly presenting A Bill for an Act to amend the Road Safety Act 1986, the Marine (Drug, Alcohol and Pollution Control) Act 1988, the Magistrates' Court Act 1989, the Sentencing Act 1991, the Criminal Procedure Act 2009 and the Sentencing Amendment (Community Correction Reform) Act 2011 and for other purposes and requesting the agreement of the Council. On the motion of Mr Rich-Phillips (for Mr O'Donohue), the Bill was read a first time and, by leave, ordered to be read a second time forthwith. Mr Rich-Phillips laid on the Table the statement of compatibility as required by the Charter of Human Rights and Responsibilities Act 2006. On the motion of Mr Rich-Phillips, the second reading speech was incorporated into Hansard. Mr Rich-Phillips moved, That the Bill be now read a second time. On the motion of Mr Leane (for Mr Tee), the debate was adjourned for one week. 21 ROAD LEGISLATION AMENDMENT (USE AND DISCLOSURE OF INFORMATION AND OTHER MATTERS) BILL 2013 — The President read a Message from the Assembly presenting A Bill for an Act to amend the Road Safety Act 1986 and other Acts in relation to the use and disclosure of information and other matters and for other purposes and requesting the agreement of the Council. On the motion of Mr Rich-Phillips (for Mr Guy), the Bill was read a first time and, by leave, ordered to be read a second time forthwith. Mr Rich-Phillips laid on the Table the statement of compatibility as required by the Charter of Human Rights and Responsibilities Act 2006. On the motion of Mr Rich-Phillips, the second reading speech was incorporated into Hansard. Mr Rich-Phillips moved, That the Bill be now read a second time. On the motion of Mr Leane (for Mr Tee), the debate was adjourned for one week. 22 ADJOURNMENT — Mr Rich-Phillips moved, That the House do now adjourn. Debate ensued and responses to certain Adjournment matters were circulated pursuant to Standing Order 4.12. And then the Council, at 5.59 p.m., adjourned until Tuesday, 3 September 2013. Minutes of the Proceedings 5

WAYNE TUNNECLIFFE Clerk of the Legislative Council