761

LEGISLATIVE ASSEMBLY

2015-16

FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT

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VOTES AND PROCEEDINGS

No. 73

TUESDAY 2 AUGUST 2016

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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)

3 PRIVATE MEMBERS’ STATEMENTS ______

The Temporary Speaker (Ms ) left the Chair at 1.33 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 Battle of Pozières in Northern France.

5 TEMPORARY SPEAKER

The Speaker obtained the concurrence of the House for Adam Sibery Crouch to serve as a sixth Temporary Speaker from this day.

762 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 2 August 2016

6 MESSAGES FROM THE GOVERNOR

The Speaker reported messages from His Excellency the Governor assenting to the following bills:

28 June 2016

Act No. 28 Marine Legislation Amendment Bill Act No. 29 Taxation Administration Amendment (Collection and Disclosure of Information to Commonwealth) Bill Act No. 30 Appropriation Bill Act No. 31 Appropriation (Parliament) Bill Act No. 32 State Revenue Legislation Amendment (Budget Measures) Bill Act No. 33 Crimes (Domestic and Personal Violence) Amendment (Review) Bill Act No. 34 Point to Point Transport (Taxis and Hire Vehicles) Bill Act No. 35 Local Government and Elections Legislation Amendment (Integrity) Bill.

7 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, 12 July 2016

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.

8 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 Sydney, 26 July 2016

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.

9 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

Mr —TAFE New South Wales. Ms —Western Sydney Health.

10 QUESTION TIME ______

(1) Following a request from Mr Ray Williams pursuant to standing order 131 (3), the Premier, and Minister for Western Sydney provided additional information.

(2) Following a request from Mr pursuant to standing order 131 (3), the Deputy Premier, Minister for Justice and Police, Minister for the Arts, and Minister for Racing provided additional information.

763 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 2 August 2016

(3) Following a request from Mr Thomas George pursuant to standing order 131 (3), the Minister for Regional Development, Minister for Skills, and Minister for Small Business provided additional information.

(4) Following a request from Mrs pursuant to standing order 131 (3), the Minister for Planning provided additional information. ______

11 EXPERT PANEL ON POLITICAL DONATIONS

The Speaker tabled a letter from the Premier, and Minister for Western Sydney to the Presiding Officers regarding implementation of the recommendations of the Expert Panel on Political Donations chaired by Dr Kerry Schott, dated 30 June 2016.

12 FORESTRY ACT

The Speaker, in accordance with section 69H of the Forestry Act 2012, announced receipt of Amendment No. 6 to the Integrated Forestry Operations Approval for Riverina Red Gum, dated June 2016 (received 5 July 2016).

13 AUDITOR-GENERAL

The Clerk, in accordance with section 63C of the Public Finance and Audit Act 1983, announced receipt of the Auditor-General’s Financial Audit Report, Volume Three 2016 (received 30 June 2016).

14 ANNUAL REPORTS

(1) The Clerk, in accordance with section 64A of the State Emergency and Rescue Management Act 1989, announced receipt of the reports for the year ended 30 June 2015 of: New South Wales State Emergency Management Committee; and the State Rescue Board of New South Wales (received 7 July 2016).

(2) The Clerk, in accordance with section 11 of the Annual Reports (Statutory Bodies) Act 1984, announced receipt of the report of the Sydney Cricket and Sports Ground Trust for the year ended 29 February 2016 (received 26 July 2016).

15 LEGISLATION REVIEW COMMITTEE

Mr Michael Johnsen, Chair, tabled the report of the Legislation Review Committee entitled “Legislation Review Digest No. 21/56”, dated 2 August 2016.

Ordered to be printed.

Mr Michael Johnsen also tabled the minutes of the committee meeting regarding Legislation Review Digest No. 20/56.

16 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):

(1) For the week beginning 20 June 2016

Conveyancing Act 1919—Conveyancing (General) Amendment (Miscellaneous) Regulation 2016 (LW 24 June 2016).

764 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 2 August 2016

Driving Instructors Act 1992—Driving Instructors Amendment (Fees) Regulation 2016 (LW 24 June 2016).

Ombudsman Act 1974—Ombudsman Regulation 2016 (LW 24 June 2016).

Photo Card Act 2005—Photo Card Amendment (Fees and Penalty Notice Offences) Regulation 2016 (LW 24 June 2016).

Protection of the Environment Operations Act 1997—

(a) Protection of the Environment Operations (General) Amendment (Risk-based Licensing) Regulation 2016 (LW 24 June 2016).

(b) Protection of the Environment Operations (Waste) Amendment (Calculation of Contributions) Regulation 2016 (LW 24 June 2016).

Radiation Control Act 1990—Radiation Control Amendment (Exemptions and Fees) Regulation 2016 (LW 24 June 2016).

Rail Safety National Law (South Australia) Act 2012—

(a) Rail Safety National Law National Regulations (Fees) Variation Regulations 2016 (LW 24 June 2016).

(b) Rail Safety National Law National Regulations Variation Regulations 2016 (LW 24 June 2016).

Real Property Act 1900—

(a) Real Property Amendment (Fees) Regulation 2016 (LW 24 June 2016).

(b) Real Property Amendment (Official Searches) Regulation 2016 (LW 24 June 2016).

Road Transport Act 2013—Road Transport Legislation Amendment (Fees, Penalty Levels and Charges) Regulation 2016 (LW 24 June 2016).

Roads Act 1993—Roads Amendment (Penalty Notice Offences) Regulation 2016 (LW 24 June 2016).

Tow Truck Industry Act 1998—Tow Truck Industry Amendment (Fees) Regulation 2016 (LW 24 June 2016).

Water Management Act 2000—Water Management (General) Amendment (Access Licence) Regulation 2016 (LW 24 June 2016).

(2) For the week beginning 27 June 2016

Aboriginal Land Rights Act 1983—Aboriginal Land Rights Amendment (List of Administrators) Regulation 2016 (LW 1 July 2016).

Bail Act 2013—Bail Amendment (Detention Application) Regulation 2016 (LW 1 July 2016).

Civil and Administrative Tribunal Act 2013—Civil and Administrative Tribunal Amendment (Fees) Regulation 2016 (LW 1 July 2016).

Civil Procedure Act 2005—Civil Procedure Amendment (Fees) Regulation 2016 (LW 1 July 2016).

Companion Animals Act 1998—Companion Animals Amendment (Registration) Regulation 2016 (LW 1 July 2016). 765 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 2 August 2016

Conveyancing Act 1919—Conveyancing (General) Amendment (Fees) Regulation 2016 (LW 1 July 2016).

Criminal Procedure Act 1986—Criminal Procedure Amendment (Fees) Regulation 2016 (LW 1 July 2016).

Dust Diseases Tribunal Act 1989—Dust Diseases Tribunal Amendment (Fees) Regulation 2016 (LW 1 July 2016).

Electricity (Consumer Safety) Act 2004—Electricity (Consumer Safety) Amendment (Meter Inspection Fee) Regulation 2016 (LW 1 July 2016).

Electricity Supply Act 1995—Electricity Supply Amendment (Advanced Meters) Regulation 2016 (LW 1 July 2016).

Fisheries Management Act 1994—

(a) Fisheries Management (General) Amendment (Commercial Fishing in Inland Restricted Fishery) Regulation 2016 (LW 1 July 2016).

(b) Fisheries Management Legislation Amendment (Fees, Charges and Contributions) Regulation 2016 (LW 1 July 2016).

Government Sector Employment Act 2013—

(a) Government Sector Employment Amendment (Consequential Amendments) Regulation 2016 (LW 1 July 2016).

(b) Government Sector Employment Rules (Amendment No. 6—Consequential Amendments) 2016 (LW 1 July 2016).

Health Practitioner Regulation National Law (NSW)—Health Practitioner Regulation (New South Wales) Amendment (Pharmacy Fees) Regulation 2016 (LW 1 July 2016).

Jury Act 1977—Jury Amendment (Daily Attendance Allowance) Regulation 2016 (LW 1 July 2016).

Legal Profession Uniform Law Application Act 2014—Legal Profession Uniform Law Application Amendment (Fees) Regulation 2016 (LW 1 July 2016).

NSW Trustee and Guardian Act 2009—NSW Trustee and Guardian Amendment (Fees) Regulation 2016 (LW 1 July 2016).

Poisons and Therapeutic Goods Act 1966—

(a) Poisons and Therapeutic Goods (Poisons List) Proclamation 2016 (LW 1 July 2016).

(b) Poisons and Therapeutic Goods Amendment (Designated Non-ARTG Products) Regulation 2016 (LW 1 July 2016).

Public Health Act 2010—Public Health Amendment (Correctional Centres) Regulation 2016 (LW 1 July 2016).

Road Transport Act 2013—

(a) Road Amendment (Miscellaneous) Rule 2016 (LW 1 July 2016).

766 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 2 August 2016

(b) Road Transport (Vehicle Registration) Amendment (Auxiliary Number-plates) Regulation 2016 (LW 1 July 2016).

Strata Schemes (Freehold Development) Act 1973—Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2016 (LW 1 July 2016).

Strata Schemes (Leasehold Development) Act 1986—Strata Schemes (Leasehold Development) Amendment (Fees) Regulation 2016 (LW 1 July 2016).

Succession Act 2006—Succession Amendment (Will Deposit Fee) Regulation 2016 (LW 1 July 2016).

Surveying and Spatial Information Act 2002—Surveying and Spatial Information Amendment (Fees and Deposits) Regulation 2016 (LW 1 July 2016).

Work Health and Safety Act 2011—Work Health and Safety Amendment (Fees and Transitional Periods) Regulation 2016 (LW 1 July 2016).

(3) For the week beginning 4 July 2016

Building Professionals Act 2005—

(a) Notice—amendments to Building Professionals Board Accreditation Scheme (GG No. 57 of 8 July 2016, p 1989).

(b) Notice—amendments to Building Professionals Board Accreditation Scheme (GG No. 57 of 8 July 2016, p 1990).

Combat Sports Act 2013—Combat Sports Amendment (Exclusions and Exemptions) Regulation 2016 (LW 8 July 2016).

Electricity Network Assets (Authorised Transactions) Act 2015—Electricity Network Assets (Authorised Transactions) Regulation 2016 (LW 8 July 2016).

Law Enforcement and National Security (Assumed Identities) Act 2010—Law Enforcement and National Security (Assumed Identities) Regulation 2016 (LW 8 July 2016).

Point to Point Transport (Taxis and Hire Vehicles) Act 2016—Point to Point Transport (Taxis and Hire Vehicles) Regulation 2016 (LW 8 July 2016).

Public Health Act 2010—Public Health Amendment (Corresponding Interstate Prohibition Orders) Regulation 2016 (LW 8 July 2016).

Road Transport Act 2013—Road Transport (Vehicle Registration) Amendment (SIRA) Regulation 2016 (LW 8 July 2016).

University of Technology Sydney Act 1989—University of Technology Sydney Amendment By-law 2016 (LW 8 July 2016).

(4) For the week beginning 11 July 2016

Betting and Racing Act 1998—Betting and Racing Amendment (Fees) Regulation 2016 (LW 15 July 2016).

Election Funding, Expenditure and Disclosures Act 1981—Election Funding, Expenditure and Disclosures Amendment (Local Government Campaign Accounts) Regulation 2016 (LW 15 July 2016).

Greyhound Racing Act 2009—Greyhound Racing Regulation 2016 (LW 15 July 2016). 767 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 2 August 2016

(5) For the week beginning 18 July 2016

Fisheries Management Act 1994—Fisheries Management Legislation Amendment (Consequential Amendments) Regulation 2016 (LW 22 July 2016).

Hemp Industry Act 2008—Hemp Industry Regulation 2016 (LW 22 July 2016).

Statutory and Other Offices Remuneration Act 1975—

(a) Report and Determination under section 13—Court and Related Officers Group Annual Determination (GG No. 60 of 22 July 2016, p 2101).

(b) Report and Determination under section 13—Judges and Magistrates Group Annual Determination (GG No 60. of 22 July 2016, p 2068).

(c) Report and Determination under section 13—Public Office Holders Group Annual Determination (GG No 60. of 22 July 2016, p 2113).

(6) For the week beginning 25 July 2016

Charitable Fundraising Act 1991—Charitable Fundraising Amendment (Scripture Union NSW) Regulation 2016 (LW 29 July 2016).

Conveyancing Act 1919—Conveyancing (General) Amendment (Easements in Gross) Regulation 2016 (LW 29 July 2016).

Industrial Relations Act 1996—Industrial Relations (General) Amendment (Fees) Regulation 2016 (LW 29 July 2016).

Property, Stock and Business Agents Act 2002—Property, Stock and Business Agents Amendment (Property Reports and Exemption) Regulation 2016 (LW 29 July 2016).

Surrogacy Act 2010—Surrogacy Regulation 2016 (LW 29 July 2016).

Trustee Companies Act 1964—Trustee Companies Regulation 2016 (LW 29 July 2016).

17 PETITIONS

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

Mr Thomas George—from certain citizens requesting that the Government prevent the use of the Safe Schools program in government schools and support instead holistic anti-bullying approaches.

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

Ms —from certain citizens requesting legislative recognition of Aboriginal people as the rightful owners of Aboriginal culture and heritage in New South Wales, including recognition of international human rights instruments for indigenous peoples, and that the legislation be subject to genuine consultation.

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

Ms Tamara Smith—from certain citizens requesting the provision of more powers to local councils to veto mining activities in their local government area.

768 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 2 August 2016

(3) The Clerk also announced receipt of the following ministerial responses to petitions signed by 500 or more persons:

The Hon. —lodged 31 May 2016—Requesting that the Government act to prevent the planned demolition of Parramatta War Memorial Swimming Pool and allow the co-existence of Parramatta Stadium and the Parramatta War Memorial Swimming Pool—(Dr ).

The Hon. Duncan Gay—lodged 1 June 2016—Requesting the installation of traffic lights with four way crossing at the intersection of Macquarie Road, Hillsborough Road and Metcalfe Street in Warners Bay— (Ms ).

The Hon. Duncan Gay—lodged 2 June 2016—Requesting the installation of flashing lights at the pedestrian crossing on Beauchamp Street, Marrickville adjacent to Marrickville West Public School— (Ms ).

The Hon. —lodged 2 June 2016—Requesting that the forced merger of Uralla Shire with Armidale Dumaresq Shire or any other shire not proceed—(Mr Adam Marshall).

The Hon. —lodged 21 June 2016—Requesting that museum services be expanded around New South Wales and the Powerhouse Museum remain in Ultimo—(Mr ).

The Hon. Paul Toole—lodged 21 June 2016—Requesting that the Local Government Act be amended to ensure that all residents of Central Coast retirement villages receive the same level of eligibility for water and sewage rebates as customers of Sydney Water and other pensioners who do not live within retirement villages—(Mr ).

18 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

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

(2) Ms Tania Mihailuk also made a statement in support of her notice being accorded priority—

That this House:

(1) Acknowledges that the Government has let down the families of Western Sydney when it comes to health.

(2) Condemns the Government for failing to establish an independent external inquiry in relation to the tragedies at Bankstown-Lidcombe Hospital.

(3) Calls on the Government to support Western Sydney health and hospitals.

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

The House divided.

AYES 49

Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, 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 Goward, Mr Grant, 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, Mr Piccoli, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.

Tellers: Mr Bromhead and Mr Patterson. 769 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 2 August 2016

NOES 34

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

Tellers: Mr Lalich and Mr Warren. In the Chair: Mr George.

Pairs: Ms Gibbons—Mr Foley; Mrs Hancock—Ms Hay and Ms Petinos—Ms K. Smith.

Question passed.

19 MOTION ACCORDED PRIORITY—TAFE NEW SOUTH WALES

Mr Adam Marshall moved, pursuant to notice, That this House:

(1) Notes the Government’s record $73 billion investment in infrastructure over the next four years will continue to support a skilled workforce and secure a strong future for New South Wales.

(2) Recognises the importance of TAFE NSW as the public provider for vocational education and training that provides career pathways for half a million people each year.

(3) Supports the Government’s plan to bring TAFE NSW out of the dark ages and become the modern, flexible and agile education institution that meets the needs of students, teaching staff and employers.

Debate ensued.

Question put.

The House divided.

AYES 48

Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, 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 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 Piccoli, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.

Tellers: Mr Bromhead and Mr Patterson.

NOES 34

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

Tellers: Mr Lalich and Mr Warren. In the Chair: Mr George.

Pairs: Mr Grant—Mr Foley; Mr Perrottet—Ms Hay and Ms Petinos—Ms K. Smith.

Question passed.

770 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 2 August 2016

20 LOCAL GOVERNMENT AMENDMENT (GOVERNANCE AND PLANNING) BILL

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

Question again proposed and debate resumed.

Mr Ray Williams 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.

21 PRIVATE MEMBERS’ STATEMENTS

22 ADJOURNMENT

The House adjourned, pursuant to standing and sessional orders, at 5.40 pm, until tomorrow, at 10.00 am.

Attendance: All members present except Ms Noreen Hay, Ms Jenny Leong (granted leave), Ms and Ms Kathy Smith.

RONDA MILLER Clerk of the Legislative Assembly Speaker ______

Authorised by the Parliament of New South Wales