1251

LEGISLATIVE ASSEMBLY

2015-16-17

FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT

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VOTES AND PROCEEDINGS

No. 125

WEDNESDAY 31 MAY 2017

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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 NOTICES OF MOTIONS (GENERAL NOTICES)

3 CRIMES AMENDMENT (INTIMATE IMAGES) BILL

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

Question again proposed and debate resumed.

Mr and Ms obtained extensions of time.

Debate continued. ______

SUSPENSION OF STANDING AND SESSIONAL ORDERS—ROUTINE OF BUSINESS

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

(1) Consideration of the Crimes Amendment (Intimate Images) Bill to continue after 1.15 pm.

(2) Community recognition statements to be interrupted at 1.30 pm. 1252 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 31 May 2017

(3) Community recognition statements to be resumed following the conclusion of consideration of the motion accorded priority.

Question put and passed. ______

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. ______

It being after 1.15 pm, community recognition statements proceeded with. ______

4 COMMUNITY RECOGNITION STATEMENTS ______

It being after 1.30 pm, statements interrupted pursuant to the earlier resolution. ______

The Temporary Speaker (Ms ) left the Chair at 1.32 pm.

The Speaker resumed the Chair at 2.15 pm. ______

5 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE LIEUTENANT-GOVERNOR

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

T F BATHURST Government House Lieutenant-Governor Sydney, 30 May 2017

The Honourable Thomas Frederick Bathurst AC, Lieutenant-Governor of the State of New South Wales, has the honour to inform the Legislative Assembly that, consequent on the Governor of New South Wales, His Excellency General The Honourable David Hurley AC DSC (Ret’d), being absent from the State, he has assumed the administration of the Government of the State.

6 NOTICES OF MOTIONS

7 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

Mr Jonathan O’Dea—Economic Management. Mr —Fire and Emergency Services Levy.

8 QUESTION TIME ______

(1) Following a request from Mr Bruce Notley-Smith pursuant to standing order 131 (3), the 1253 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 31 May 2017

Premier provided additional information.

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

(3) Following a request from Mr Jai Rowell pursuant to standing order 131 (3), the Minister for Education provided additional information.

(4) Following a request from Mr pursuant to standing order 131 (3), the Minister for Family and Community Services, Minister for Social Housing, and Minister for the Prevention of Domestic Violence and Sexual Assault provided additional information. ______

9 PAPERS

(1) Mr tabled:

Variations of the Receipts and Payments Estimates and Appropriations for 2016-17, under section 26 of the Public Finance and Audit Act 1983, arising from the provision by the Commonwealth of Specific Purpose Payments in excess of the amounts included in the State’s receipts and payments estimates – Department of Industry, Skills and Regional Development, dated 24 May 2017.

Variations of the Receipts and Payments Estimates and Appropriations for 2016-17, under section 26 of the Public Finance and Audit Act 1983, arising from the provision by the Commonwealth of Specific Purpose Payments in excess of the amounts included in the State’s receipts and payments estimates – Department of Industry, dated 24 May 2017.

Variations of the Receipts and Payments Estimates and Appropriations for 2016-17, under section 26 of the Public Finance and Audit Act 1983, arising from the provision by the Commonwealth of Specific Purpose Payments in excess of the amounts included in the State’s receipts and payments estimates – Department of Industry, dated 31 May 2017.

(2) Mr Mark Speakman tabled:

Report on the Statutory Review of the Vexatious Proceedings Act 2008, dated May 2017.

(3) Mr tabled:

Forestry Act 2012—Notification under section 15 of proposed revocation of the dedication of: Bateman State Forest No. 870; Broken Bago State Forest No. 184 Extension Nos 11 and 17; Bulahdelah State Forest No. 296 Extension No. 9; Condobolin State Forest No. 932; Dorrigo State Forest No. 906 and Dorrigo State Forest No. 906 Extension No. 1; Dubbo State Forest No. 807 Extension No. 1; Narrandera State Forest No. 786 and Narrandera State Forest No. 786 Extension Nos 2 and 3; and Forbes State Forest No. 942.

10 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:

Ms —from certain citizens requesting the Government ensure that public hospitals are kept publicly operated.

11 PETITIONS

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

1254 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 31 May 2017

Mr —from certain citizens requesting a ban on hunting with pig-dogs in New South Wales.

Mr Alex Greenwich—from certain citizens requesting mandatory closed circuit television in all New South Wales slaughter houses.

Mr Alex Greenwich—from certain citizens requesting that museum services be expanded around New South Wales and the Powerhouse Museum remain in Ultimo.

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

Mr Gareth Ward—from certain citizens requesting an hourly service from Kiama to Bomaderry Station connecting with trains to Sydney.

Ms —from certain citizens requesting the construction of a second light rail station in Surry Hills at the Wimbo Park/Olivia Gardens site.

Mrs —from certain citizens requesting amendment to the State’s privacy laws to ensure that local councils can capture footage from CCTV cameras including areas that may be on private land.

Mr Alex Greenwich—from certain citizens opposing the sale of public housing in Millers Point, Dawes Point and The Rocks.

Mr Alex Greenwich—from certain citizens requesting that the Sirius building be retained and continue to function as social housing.

12 RE-ORDERING OF GENERAL BUSINESS

Ms Katrina Hodgkinson moved, That the general business notice of motion (general notice) given by her this day (Regional Infrastructure Investment) have precedence on Thursday 1 June 2017.

Debate ensued.

Question put.

The House divided.

AYES 50

Mr Anderson, Mr Aplin, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Donato, Mr Elliott, Mr Evans, Mr Fraser, Ms Gibbons, Ms Goward, Mr Grant, Mr Griffin, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, 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.

NOES 38

Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Ms Cotsis, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr Robertson, Mr Scully, Ms T.F. Smith, Ms Tesch, Mr Warren, Ms Washington and Mr Zangari.

1255 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 31 May 2017

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

Pair: Mr Ayres—Mr Hoenig.

Question passed.

13 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

(1) Mr Jonathan O’Dea made a statement in support of his notice being accorded priority over the other business of the House.

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

That this House:

(1) Condemns the Government for the shambles it has created with its bungled and incompetent implementation of the Fire and Emergency Services Levy.

(2) Notes that the Treasurer said the levy was the outcome of a long and carefully considered reform process and formed one of the most significant pieces of tax reform in New South Wales for generations.

(3) Calls on the Premier and the Treasurer to apologise to local councils, the insurance industry, the property industry, home owners and everyone else who has incurred costs as a result of the Government's signature incompetence and bungling. ______

Disorder: At 3.37 pm, the Deputy Speaker directed Ms to leave the Chamber for one hour. ______

Question—That the motion of the member for Davidson be accorded priority—put.

The House divided.

AYES 48

Mr Anderson, Mr Aplin, Mr Barilaro, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Ms Gibbons, Ms Goward, Mr Grant, Mr Griffin, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, 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.

NOES 38

Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Mr Donato, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr Robertson, Mr Scully, Ms T.F. Smith, Ms Tesch, Mr Warren, Ms Washington and Mr Zangari.

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

Pair: Ms Berejiklian—Mr Hoenig.

1256 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 31 May 2017

Question passed.

14 MOTION ACCORDED PRIORITY—ECONOMIC MANAGEMENT

Mr Jonathan O’Dea moved, pursuant to notice, That this House:

(1) Recognises the New South Wales Budget is in surplus this year and each year over the forward estimates.

(2) Notes net debt is virtually zero, and the State has maintained its triple A credit rating.

(3) Acknowledges the government has created over 330,000 jobs.

(4) Condemns the Opposition for its legacy of deficits, debt and failing Government services.

Debate ensued.

Question put.

The House divided.

AYES 47

Mr Anderson, Mr Aplin, Mr Barilaro, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Ms Gibbons, Ms Goward, Mr Grant, Mr Griffin, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, 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.

NOES 35

Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Mr Donato, Ms Finn, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Ms Hornery, Mr Kamper, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr Robertson, Mr Scully, Ms T.F. Smith, Ms Tesch, Mr Warren, Ms Washington and Mr Zangari.

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

Pairs: Mr Ayres—Ms Doyle; Ms Berejiklian—Mr Foley and Mr Piccoli—Mr Hoenig.

Question passed.

15 COMMUNITY RECOGNITION STATEMENTS

16 PRIVATE MEMBERS’ STATEMENTS

17 MESSAGE FROM THE LEGISLATIVE COUNCIL—PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT (CRIMINAL CHARGES AND CONVICTIONS) BILL

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

Madam SPEAKER

The Legislative Council has this day agreed to the “Parliamentary Contributory Superannuation 1257 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 31 May 2017

Amendment (Criminal Charges and Convictions) Bill 2017” with the amendments indicated by the accompanying schedule, in which amendments the Council requests the concurrence of the Legislative Assembly.

Legislative Council 31 May 2017 Deputy President

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PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT (CRIMINAL CHARGES AND CONVICTIONS) BILL 2017

Schedule of the amendments referred to in the message of 31 May 2017.

DAVID BLUNT Clerk of the Parliaments

No. 1 AJP No. 1 [c2017-050B]

Page 3, Schedule 1 [3], lines 20-22. Omit all words on those lines. Insert instead: (a) the person ceases to have any entitlement to receive a pension or any further payment of a pension under this Part, and any pension already paid is to be repaid to the Fund, and

No. 2 AJP No. 2 [c2017-050B]

Page 3, Schedule 1 [3], lines 30-38. Omit all words on those lines. Insert instead: (4A) If the person, before being convicted of the serious offence, had been in receipt of a pension or had received a lump sum payment pursuant to an election under section 20, the trustees may refund net contributions by deducting the amount of the refund from any pension already paid, or any lump sum payment, that the person is required to repay to the Fund under subsection (4).

No. 3 AJP No. 3 [c2017-050B]

Page 3, Schedule 1 [3], lines 41 and 42. Omit all words on those lines. Insert instead “person, reinstate the person’s pension and repay to the person any amount of pension, or any part of the lump sum, that the person has repaid to the Fund”.

No. 4 AJP No. 4 [c2017-050B]

Page 4, Schedule 1. Insert after line 18:

[7] Section 19AA (8A)

Insert after section 19AA (8):

(8A) Criminal proceedings that result in a person being convicted or acquitted are still pending for the purposes of this section until they are finalised for the purposes of this section.

Examined TREVOR KHAN Chair of Committees

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1258 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 31 May 2017

Ordered by the Assistant Speaker, That the amendments made by the Legislative Council in the bill be taken into consideration tomorrow.

18 MATTER OF PUBLIC IMPORTANCE—WORLD NO TOBACCO DAY

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

World No Tobacco Day.

Discussion ensued and concluded.

19 ADJOURNMENT

The House adjourned, pursuant to standing and sessional orders, at 5.49 pm, until tomorrow, at 10.00 am.

Attendance: All members present except Mr and Mr Adrian Piccoli.

HELEN MINNICAN SHELLEY HANCOCK Clerk of the Legislative Assembly Speaker ______

Authorised by the Parliament of New South Wales