1243

LEGISLATIVE ASSEMBLY

2015-16-17

FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT

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VOTES AND PROCEEDINGS

No. 124

TUESDAY 30 MAY 2017

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1 MEETING OF THE HOUSE

The House met at 12.00 noon 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) ______

Ms Jenny Leong sought leave to also give a notice of motion.

Leave not granted. ______

3 PRIVATE MEMBERS’ STATEMENTS ______

The Temporary Speaker (Ms Anna Watson) left the Chair at 1.28 pm.

The Speaker resumed the Chair at 2.15 pm. ______

4 SPEAKER’S STATEMENT—CENTENARY OF THE FIRST WORLD WAR

The Speaker made a statement in relation to the Centenary of the First World War and the assault on Messines in May to June 1917.

1244 VOTES AND PROCEEDINGS OF THE LEGISLATIVE ASSEMBLY Tuesday 30 May 2017

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

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

DAVID HURLEY Government House Governor , 20 May 2017

General David Hurley AC DSC (Ret’d), Governor of New South Wales has the honour to inform the Legislative Assembly that he has re-assumed the administration of the Government of the State.

6 NOTICE OF MOTION

7 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

Mr Gareth Ward—Chief Secretary’s Building. Mr Michael Daley—Housing Affordability.

8 QUESTION TIME ______

(1) Following a request from Ms Eleni Petinos pursuant to standing order 131 (3), the Premier provided additional information.

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

(3) Following a request from Mr James Griffin pursuant to standing order 131 (3), the Minister for Roads, Maritime and Freight provided additional information.

(4) Following a request from Mr Mark Taylor pursuant to standing order 131 (3), the Minister for Western Sydney, Minister for WestConnex, and Minister for Sport provided additional information.

(5) Following a request from Mr Adam Crouch pursuant to standing order 131 (3), the Minister for Health, and Minister for Medical Research provided additional information. ______

9 PAPER

Mr Rob Stokes tabled the report of the Department of Education for 2016 (incorporating the financial statements for the year ended 30 June 2016).

10 ANNUAL REPORTS

The Clerk, in accordance with section 11 of the Annual Reports (Statutory Bodies) Act 1984, announced receipt of the reports for 2016 of: Charles Sturt University; Macquarie University (Volumes One and Two); Southern Cross University; University of Newcastle; University of New England; University of New South Wales (Volumes One and Two); ; University of Technology, Sydney (Volumes One and Two); University of Wollongong (Volumes One and Two); and Western Sydney University (Volumes One and Two) (received 26 May 2016).

11 LEGISLATION REVIEW COMMITTEE

Mr Michael Johnsen, Chair, tabled the report of the Legislation Review Committee entitled “Legislation Review Digest No. 38/56”, dated 30 May 2017.

Ordered to be printed. 1245 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 30 May 2017

Mr Michael Johnsen also tabled the minutes of the committee meeting regarding Legislation Review Digest No. 37/56.

12 OMBUDSMAN

The Speaker, in accordance with section 31AA of the Ombudsman Act 1974, announced receipt of an erratum to the Report of the NSW Ombudsman for the year ended 30 June 2016 (received 29 May 2017).

Ordered to be incorporated in the report.

13 STATUTORY RULES AND INSTRUMENTS

The Clerk tabled notices of the making of the following statutory rules and instruments published on the Legislation Website (LW) or in the Government Gazette (GG):

For the week beginning 22 May 2017 –

Associations Incorporation Act 2009—Associations Incorporation Amendment (Fees) Regulation 2017 (LW 24 May 2017).

Co-operative Housing and Starr-Bowkett Societies Act 1998—Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2017 (LW 24 May 2017).

Co-operatives (Adoption of National Law) Act 2012—Co-operatives (New South Wales) Amendment (Fees) Regulation 2017 (LW 24 May 2017).

Conveyancers Licensing Act 2003—Conveyancers Licensing Amendment (Fees) Regulation 2017 (LW 24 May 2017).

Crown Lands Act 1989—Revocation of Dedication of Crown Lands for a Public Purpose (GG No. 56 of 26 May 2017, p 1799).

Funeral Funds Act 1979—Funeral Funds Amendment (Fees) Regulation 2017 (LW 24 May 2017).

Health Records and Information Privacy Act 2002—Health Records and Information Privacy Regulation 2017 (LW 26 May 2017).

Home Building Act 1989—Home Building Amendment (Fees) Regulation 2017 (LW 24 May 2017).

Landlord and Tenant (Amendment) Act 1948—Landlord and Tenant Amendment (Fees) Regulation 2017 (LW 24 May 2017).

Legal Profession Uniform Law Application Act 2014—NSW Admission Board Amendment (Fees) Rule 2017 (LW 26 May 2017).

Liquor Act 2007—Liquor Amendment (Special Licence Conditions) Regulation 2017 (LW 26 May 2017).

Motor Dealers and Repairers Act 2013—Motor Dealers and Repairers Amendment (Fees) Regulation 2017 (LW 24 May 2017).

Pawnbrokers and Second-hand Dealers Act 1996—Pawnbrokers and Second-hand Dealers Amendment (Fees) Regulation 2017 (LW 24 May 2017).

Property, Stock and Business Agents Act 2002—Property, Stock and Business Agents Amendment (Fees and Contributions) Regulation 2017 (LW 24 May 2017).

1246 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 30 May 2017

Public Notaries Act 1997—Public Notaries Appointment Amendment (Fees) Rule 2017 (GG No. 56 of 26 May 2017, p 1782).

Tattoo Parlours Act 2012—Tattoo Parlours Amendment (Fees) Regulation 2017 (LW 24 May 2017).

Transport Administration Act 1988—Transport Administration (General) Amendment (Point to Point Transport Commissioner) Regulation 2017 (LW 26 May 2017).

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

15 PETITIONS

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

Mr Alex Greenwich—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 opposing the sale of animals in pet shops.

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 Jo Haylen—from certain citizens opposing proposals to remove local stops on the 412, 422, 423, 426 and 428 bus routes.

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

Mrs Shelley Hancock—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.

16 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

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

(2) Mr Michael Daley also made a statement in support of his notice being accorded priority— 1247 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 30 May 2017

That this House:

(1) Condemns the Government for its lack of action on housing affordability.

(2) Calls on the Government to adopt the Opposition’s plans for a 25 per cent affordable housing mandate on the development of Government land, and a 15 per cent mandate on privately developed land.

(3) Condemns the Premier for her rejection of the Opposition’s plan to reform negative gearing, despite the expert advice of the member for Pittwater that negative gearing is a tax deduction on the ownership of a multi-million dollar holiday home.

(4) Calls on the Government to adopt the Opposition’s plan for an increase in the foreign investor surcharge given that Treasury documents state it will place downward pressure on foreign investor demand.

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

The House divided.

AYES 51

Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Ms Berejiklian, 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 Piccoli, 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 40

Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Ms Cotsis, Mr Crakanthorp, Mr Daley, Mr Dib, Mr Donato, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, 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.

Question passed.

17 MOTION ACCORDED PRIORITY—CHIEF SECRETARY’S BUILDING

Mr Gareth Ward moved, pursuant to notice, That this House:

(1) Notes the Leader of the Opposition’s plan to move the Premier’s Office and the Cabinet Room to the Chief Secretary’s Building.

(2) Notes that the Chief Secretary’s Building features black and white patterned marble tiled floors, plaster barrel-vaulted ceilings, Carrara marble sculptures, cedar wainscotting, carved architraves and an elaborate Marulan marble fireplace.

(3) Condemns the Leader of the Opposition for working on his harbour view instead of working for the people of New South Wales. 1248 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 30 May 2017

Debate ensued.

Question put.

The House divided.

AYES 50

Mr Anderson, Mr Aplin, Mr Ayres, 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 Piccoli, 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 39

Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Ms Cotsis, Mr Crakanthorp, Mr Daley, Mr Dib, Mr Donato, Ms Doyle, Ms Finn, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, 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 Foley.

Question passed.

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

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

Question again proposed and debate resumed.

Question put and passed.

Bill read a second time.

Mr Jonathan O’Dea, on behalf of Ms Gladys Berejiklian, moved, That this bill be now read a third time.

Question put and passed.

Bill read a third time.

19 MESSAGE FROM THE LEGISLATIVE COUNCIL—ELECTRONIC TRANSACTIONS LEGISLATION AMENDMENT (GOVERNMENT TRANSACTIONS) BILL

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

Madam SPEAKER

The Legislative Council having this day passed a bill titled “an Act to amend various Acts and regulations 1249 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 30 May 2017

to provide for electronic service and publication of documents and the use of electronic forms; to amend the Road Transport Act 2013 to provide for a trial of digital driver licences; and for other purposes” transmits the bill to the Legislative Assembly for concurrence.

Legislative Council JOHN AJAKA 30 May 2017 President

Bill introduced and read a first time.

Ordered by the Assistant Speaker, That the second reading stand an order of the day for a later time.

20 HOME BUILDING AMENDMENT (COMPENSATION REFORM) BILL

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

Question again proposed and debate resumed.

Question put and passed.

Bill read a second time.

Mr Victor Dominello moved, That this bill be now read a third time.

Question put and passed.

Bill read a third time.

21 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.

Ms Jenny Aitchison obtained an extension of time.

Mrs Tanya Davies 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 PRIVATE MEMBERS’ STATEMENTS

23 ADJOURNMENT

The House adjourned, pursuant to standing and sessional orders, at 7.58 pm, until tomorrow, at 10.00 am.

1250 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 30 May 2017

Attendance: All members present.

HELEN MINNICAN SHELLEY HANCOCK Clerk of the Legislative Assembly Speaker ______

Authorised by the Parliament of New South Wales