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17 SEPTEMBER 2013 Tuesday, 17 September 2013 17 SEPTEMBER 2013 www.hansard.act.gov.au Tuesday, 17 September 2013 Justice and Community Safety—Standing Committee ............................................ 3211 Planning, Environment and Territory and Municipal Services— Standing Committee ........................................................................................... 3211 Public Accounts—Standing Committee .................................................................. 3216 Regional Development—Select Committee ............................................................ 3216 DisabilityCare implementation (Ministerial statement) ........................................... 3216 Throughcare extension initiative (Ministerial statement) ........................................ 3222 Business development strategy ................................................................................ 3227 Duties (Duty Deferral) Amendment Bill 2013 ........................................................ 3240 Crimes (Sentencing) Amendment Bill 2013 ............................................................ 3242 Questions without notice: ACT Policing—alcohol enforcement ........................................................... 3248 Environment—carbon pricing ...................................................................... 3249 Federal government—election ..................................................................... 3252 Construction industry—long service leave ................................................... 3255 Uriarra Village—proposed solar farm .......................................................... 3258 Tourism—visitor numbers ............................................................................ 3260 ACT public service—background checks .................................................... 3262 Crime—Gungahlin ....................................................................................... 3264 Bushfires—preparedness .............................................................................. 3266 Supreme Court—workload ........................................................................... 3266 Schools—canteens ........................................................................................ 3269 Planning, Environment and Territory and Municipal Services— Standing Committee ........................................................................................... 3271 Papers ....................................................................................................................... 3278 Financial Management Act ...................................................................................... 3279 Papers ....................................................................................................................... 3280 Erindale group centre parking .................................................................................. 3282 Autism—early intervention programs (Matter of public importance) ..................... 3283 Adjournment: Brindabella Women’s Group—photographic exhibition ............................. 3296 Landcare awards ........................................................................................... 3298 Cafe Ink ........................................................................................................ 3299 National Deaf Netball Club Championships ................................................ 3300 Water—Lower Molonglo ............................................................................. 3301 Western District Rugby Union Football Club .............................................. 3302 Schedule of amendments: Schedule 1: Crimes (Sentencing) Amendment Bill 2013 ............................. 3304 Legislative Assembly for the ACT Tuesday, 17 September 2013 MADAM SPEAKER (Mrs Dunne) took the chair at 10 am, made a formal recognition that the Assembly was meeting on the lands of the traditional custodians, and asked members to stand in silence and pray or reflect on their responsibilities to the people of the Australian Capital Territory. Justice and Community Safety—Standing Committee Scrutiny report 11 MR DOSZPOT (Molonglo): I present the following report: Justice and Community Safety (Legislative Scrutiny Role)—Standing Committee—Scrutiny Report 11, dated 9 September 2013, together with the relevant minutes of proceedings. I seek leave to make a brief statement. Leave granted. MR DOSZPOT: Scrutiny report 11 contains the committee’s comments on six bills, four pieces of subordinate legislation and one government response. The report was circulated to members when the Assembly was not sitting. I commend the report to the Assembly. Planning, Environment and Territory and Municipal Services— Standing Committee Report 2 MR GENTLEMAN (Brindabella) (10.02): I present the following report: Planning, Environment and Territory and Municipal Services—Standing Committee—Report 2—Draft Variation to the Territory Plan No. 308— Cooyong Street Urban Renewal Area, dated 4 September 2013, including dissenting comments (Mr Coe and Mr Wall), together with a copy of the extracts of the relevant minutes of proceedings. I move: That the report be noted. Mr Coe: On a point of order, Madam Speaker, I seek your advice as to whether this is, in fact, an authorised report of the planning committee as approved by the committee in consideration of the report. MADAM SPEAKER: Members, Mr Coe raised this matter with me before the Assembly commenced; so I have had some notice of this. There is some concern whether this report was signed off by the committee. I have discussed it with the Clerk and I would have to seek advice from the Clerk on the basis of the extracts of 3211 17 September 2013 Legislative Assembly for the ACT the minutes that have been provided. I am not in a position to rule on Mr Coe’s point of order and I will need some time to reflect on it to give me and the Clerk the opportunity to read the minutes before I can rule on Mr Coe’s point of order. That being the case, I am not quite sure how we proceed from here. I honestly cannot rule on the point of order. I do not have enough information before me. Mr Corbell: With your indulgence, Madam Speaker, presumably the chair of the committee is presenting a report that is the endorsed report of the committee and I assume that that report is able to be tabled. Whether or not there is a question as to the validity of the committee’s proceedings, as you have indicated, is a matter that should be subject to your further consideration. MADAM SPEAKER: Yes. I think Mr— Mr Corbell: Nevertheless, I do not see why the chair cannot present the report. If there is some question about that after the event, then I am sure that can be appropriately dealt with by this place. But I do not see how simply taking a point of order means that the report cannot be presented when you have not ruled on that matter. MADAM SPEAKER: Mr Coe, I will hear from you and then I will— Mr Coe: Thank you, Madam Speaker. The crux of the issue here is that there was no motion that the report be adopted by the committee. And as such, I believe there is doubt as to whether this document attracts privilege, whether it is, in fact, the authorised report of the committee. Therefore, before it is tabled and presented, I think that receiving appropriate advice on the best way to proceed would be worth while. As such, I therefore suggest that we adjourn the tabling of this document until a later hour of this day. Mr Corbell: Again with your indulgence, Madam Speaker— MADAM SPEAKER: This is uncharted waters, Mr Corbell; so yes. Mr Corbell: Thank you. It would be unprecedented in the history of this place for a decision to be taken to say to a committee chair, “You cannot table a report of the committee.” It would be unprecedented. And all we have is Mr Coe’s assertion. That is all we have on this matter. Mr Coe is welcome to make that assertion but, unless it is adjudicated upon, it would be unprecedented for this place to refuse to accept that a report be tabled. There is no motion before the chair; there is no question before the chair at this point. MADAM SPEAKER: The question is that the report be noted. Mr Corbell: Mr Gentleman has not yet actually presented the report. He has not actually got to his feet and done so. 3212 Legislative Assembly for the ACT 17 September 2013 MADAM SPEAKER: Yes, he has. Mr Corbell: It would be unprecedented for the Assembly to refuse to allow that process to be embarked upon. MADAM SPEAKER: Just to clarify—thank you, Mr Coe; and I do acknowledge that I am in the Assembly’s hands here to a great extent—Mr Gentleman has presented the report. The Clerk has it. And it is necessary for that report to be presented so that the minutes can be perused by non-members of the committee. That being the case, the report is presented. Could the way forward be that at this stage we adjourn the debate on the question that the report be noted? Mr Corbell: That is a question for debate, Madam Speaker. MADAM SPEAKER: I am looking for a way forward, because I have been confronted with a problem and I do not know the extent of it, and I think it needs to be deliberated upon. The options are that Mr Gentleman or someone adjourns the debate or, alternatively, that Mr Gentleman speaks to it and then, at the end of his speaking, the debate would be adjourned. I think one of those things would perhaps be the best way forward. I am in the Assembly’s hands as to what you would like to do. Mr Gentleman. Mr Gentleman: Madam Speaker, thank you for
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