1439

LEGISLATIVE ASSEMBLY

2015-16-17

FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT

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VOTES AND PROCEEDINGS

No. 145

TUESDAY 17 OCTOBER 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)

3 PRIVATE MEMBERS’ STATEMENTS ______

The Temporary Speaker (Mr Greg Aplin) left the Chair at 1.34 pm.

The Speaker resumed the Chair at 2.15 pm. ______

4 DISTINGUISHED VISITORS

The Speaker drew the attention of the House to the presence in the Speaker’s Gallery of:

(1) The Hon. Simon Pentanu, Speaker of the House of Representatives of the Bougainville Autonomous Region.

(2) Ms Jean Sahu, Procedure Officer, of the National Parliament of the Solomon Islands who is working with the Table Office this week as part of the twinning arrangements between the National Parliament of the Solomon Islands and the Parliament.

1440 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 17 October 2017

5 SPEAKER’S STATEMENT—NEW SOUTH WALES POLLIES RIDE

The Speaker made a statement in relation to the Brotherhood Christian Motorcycle Club and Motorcycle NSW Council Annual New South Wales Pollies Ride and Motorcycle Awareness Week.

6 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 activities of the Australian Flying Corps.

7 SPEAKER’S STATEMENT—COMMONWEALTH PARLIAMENTARY ASSOCIATION AUSTRALIA AND PACIFIC JOINT REGIONAL CONFERENCE

The Speaker made a statement in relation to the Commonwealth Parliamentary Association Australia and Pacific Joint Regional Conference being hosted by the New South Wales Parliament from 23 to 27 October 2017.

8 MINISTERIAL ARRANGEMENT

Mr , on behalf of Ms , informed the House that the Attorney General would answer questions today in the absence of the Minister for Police, and Minister for Emergency Services.

9 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 , 5 October 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.

10 MESSAGES FROM THE LIEUTENANT-GOVERNOR

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

13 October 2017

Act No. 46 Road Transport Amendment (Driver Licence Disqualification) Bill Act No. 47 Environmental Planning and Assessment Amendment (Sydney Drinking Water Catchment) Bill Act No. 48 Local Land Services Amendment Bill

16 October 2017

Act No. 49 Parramatta Park Trust Amendment (Western Sydney Stadium) Bill.

11 NOTICES OF MOTIONS

12 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

Mr —By-election Preferences. 1441 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 17 October 2017

Mr —By-election Results.

13 QUESTION TIME ______

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

(2) Following a request from Mr Daryl Maguire pursuant to standing order 131 (3), the Deputy Premier, Minister for Regional New South Wales, Minister for Skills, and Minister for Small Business provided additional information.

(3) Following a request from Mr Bruce Notley-Smith pursuant to standing order 131 (3), the Minister for Lands and Forestry, and Minister for Racing provided additional information.

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

(5) Following a request from Ms pursuant to standing order 131 (3), the Minister for Transport and Infrastructure provided additional information. ______

Disorder: At 3.01 pm, the Speaker directed Mr to leave the Chamber for three hours.

Disorder: By direction of the Speaker, Ms was removed from the Chamber by the Deputy Serjeant-at-Arms. ______

14 LEGISLATION REVIEW COMMITTEE

Mr Michael Johnsen, Chair, tabled the report of the Legislation Review Committee entitled “Legislation Review Digest No. 45/56”, dated 17 October 2017.

Ordered to be printed.

Mr Michael Johnsen also tabled the minutes of the committee meeting regarding Legislation Review Digest No. 44/56.

15 STATUTORY RULES AND INSTRUMENTS

The Deputy 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 9 October 2017 –

Civil Procedure Act 2005—Practice Note DC (Civil) No. 1—Case Management in the General List (GG No. 116 of 13 October 2017, p 6278).

Public Authorities (Financial Arrangements) Act 1987—Public Authorities (Financial Arrangements) Amendment (Jobs for NSW Fund) Regulation 2017 (LW 13 October 2017).

Trans-Tasman Mutual Recognition (New South Wales) Act 1996—Trans-Tasman Mutual Recognition (New South Wales) Temporary Exemptions Regulation 2017 (LW 13 October 2017).

16 SUSPENSION OF STANDING AND SESSIONAL ORDERS—ROUTINE OF BUSINESS

Mr Anthony Roberts moved, That standing and sessional orders be suspended at this sitting to permit the 1442 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 17 October 2017

House to sit past 10.00 pm.

Question put and passed.

17 PETITIONS

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

Mr —from certain citizens opposing the sale of animals in pet shops.

Mrs —from certain citizens opposing the development of a cemetery at Fernhill, Mulgoa.

(2) The Deputy Clerk announced that the following members had each lodged petitions for presentation signed by 500 or more persons:

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

Mrs —from certain citizens requesting an investigation into the sale of the Sussex Inlet Community Church and calling for the protection of community land used by churches.

Ms —from certain citizens requesting full time police officers be appointed to the Alstonville police station.

(3) The Deputy Clerk also announced receipt of the following ministerial response to a petition signed by 500 or more persons:

The Hon. Pru Goward—lodged 13 September 2017—Requesting the reinstatement of the Supported Out of Home Care Allowance—(Mr ).

18 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

(1) Mr Kevin Humphries 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—

That this House:

(1) Welcomes the massive swing to Labor in the Blacktown by-election and condemns the Government’s neglect of Western Sydney.

(2) Notes that until last weekend’s by-elections, Murray and Cootamundra were among the Government’s safest seats, but they are not anymore.

(3) Calls on the Government to listen to the community and reverse its policies on high electricity prices, unfair tolls, forced council mergers and the neglect of our schools and hospitals.

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

The House divided.

AYES 47

Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr 1443 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 17 October 2017

Constance, Mr Coure, Mr Crouch, Mrs Davies, Mr Elliott, Mr Evans, Mr Fraser, Ms Gibbons, Ms Goward, Mr Griffin, Mr Gulaptis, Mr Hazzard, Mr Henskens, 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 32

Ms Aitchison, Mr Barr, Ms Car, Mr Chanthivong, Ms Cotsis, Mr Crakanthorp, Mr Daley, Mr Dib, Mr Donato, Ms Doyle, Ms Finn, Mr Harris, Ms Harrison, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Park, Mr Parker, Mr Piper, Mr Scully, Ms T.F. Smith, Ms Tesch, Mr Warren, Ms Washington and Mr Zangari.

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

Pairs: Mr Dominello—Mr Foley; Mr Grant—Ms Haylen and Mrs Hancock—Dr McDermott.

Question passed.

19 MOTION ACCORDED PRIORITY—BY-ELECTION PREFERENCES

Mr Kevin Humphries moved, pursuant to notice, That this House:

(1) Condemns the Leader of the Opposition for his hypocritical preference deal to put political opportunity above public safety.

(2) Calls on responsible members of the Parliamentary Labor Party to take a principled stand and publicly denounce their leader’s dirty preference deal.

Debate ensued. ______

Disorder: At 4.13 pm, the Deputy Speaker directed Ms to leave the Chamber for one hour. ______

Debate continued.

Question put.

The House divided.

AYES 47

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 Griffin, Mr Gulaptis, Mr Hazzard, Mr Henskens, 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.

1444 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 17 October 2017

NOES 32

Mr Barr, Ms Car, Mr Chanthivong, Ms Cotsis, Mr Crakanthorp, Mr Daley, Mr Dib, Mr Donato, Ms Doyle, Ms Finn, Mr Greenwich, Mr Harris, Ms Harrison, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Park, Mr Parker, Mr Piper, Mr Scully, Ms T.F. Smith, Ms Tesch, Mr Warren, Ms Washington and Mr Zangari.

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

Pairs: Ms Berejiklian—Mr Foley; Mr Grant—Ms Haylen and Mrs Hancock—Dr McDermott.

Question passed.

20 MESSAGE FROM THE LEGISLATIVE COUNCIL—FAIR TRADING AMENDMENT (TICKET SCALPING AND GIFT CARDS) BILL

The Deputy 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 the Fair Trading Act 1987 with respect to the supply of tickets to sporting or entertainment events and expiry dates for gift cards” transmits the bill to the Legislative Assembly for concurrence.

Legislative Council JOHN AJAKA 17 October 2017 President

Bill introduced and read a first time.

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

21 ELECTORAL BILL

Mr Anthony Roberts moved, pursuant to notice, That a bill be now introduced for an Act to make provision with respect to the election of members of Parliament; and for other purposes.

Question put and passed.

Bill introduced and read a first time.

Mr Anthony Roberts moved, That this bill be now read a second time.

Debate adjourned (Mr ) and the resumption of the debate made an order of the day for a future day.

22 STATE REVENUE LEGISLATION AMENDMENT (SURCHARGE) BILL

Mr moved, pursuant to notice, That a bill be now introduced for an Act to amend the Duties Act 1997, the Land Tax Act 1956 and the Land Tax Management Act 1956 to make further provision for surcharge purchaser duty, surcharge land tax and administrative arrangements.

Question put and passed.

Bill introduced and read a first time.

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

1445 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 17 October 2017

Debate adjourned (Mr Paul Lynch) and the resumption of the debate made an order of the day for a future day.

23 CRIMES (SENTENCING PROCEDURE) AMENDMENT (SENTENCING OPTIONS) BILL JUSTICE LEGISLATION AMENDMENT (COMMITTALS AND GUILTY PLEAS) BILL CRIMES (HIGH RISK OFFENDERS) AMENDMENT BILL

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

Question again proposed and debate resumed.

Mr and Mr obtained extensions of time.

Debate continued.

Question put and passed.

Bills read a second time.

Mr Mark Speakman moved, That these bills be now read a third time.

Question put and passed.

Bills read a third time.

24 PAROLE LEGISLATION AMENDMENT BILL

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

Question again proposed and debate resumed.

Mr Ron Hoenig obtained an extension of time.

Debate continued.

Question put and passed.

Bill read a second time.

Mr David Elliott moved, That this bill be now read a third time.

Question put and passed.

Bill read a third time.

25 FISHERIES MANAGEMENT AMENDMENT (ABORIGINAL FISHING) 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.

Question put and passed.

Bill read a second time. 1446 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 17 October 2017

Mrs Leslie Williams, on behalf of Mr Paul Toole, moved, That this bill be now read a third time.

Question put and passed.

Bill read a third time.

26 PRIVATE MEMBERS’ STATEMENTS

27 MESSAGE FROM THE LEGISLATIVE COUNCIL—HEALTH PRACTITIONER REGULATION AMENDMENT BILL

The Temporary Speaker (Mr ) reported the following message from the Legislative Council:

Madam SPEAKER

The Legislative Council having this day passed a bill titled “an Act to amend the Health Practitioner Regulation (Adoption of National Law) Act 2009 consequential on changes made to the Health Practitioner Regulation National Law by the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2017 of Queensland; and for other purposes” transmits the bill to the Legislative Assembly for concurrence.

Legislative Council TREVOR KHAN 17 October 2017 Deputy President

Bill introduced and read a first time.

Ordered by the Temporary Speaker, That the second reading stand an order of the day for tomorrow.

28 ADJOURNMENT

The House adjourned, pursuant to standing and sessional orders, at 8.20 pm, until tomorrow, at 10.00 am.

Attendance: All members present except Mr Troy Grant.

HELEN MINNICAN SHELLEY HANCOCK Clerk of the Legislative Assembly Speaker ______

Authorised by the Parliament of New South Wales