LEGISLATIVE ASSEMBLY OF VICTORIA

VOTES AND PROCEEDINGS Nos 57, 58 and 59

No 57 — Tuesday 3 March 2020

1 The House met according to the adjournment — The Speaker took the Chair, read the Prayer and made an Acknowledgement of Country.

2 QUESTION TIME — (Under Sessional Order 9).

3 EDUCATION AND TRAINING REFORM AMENDMENT (REGULATION OF STUDENT ACCOMMODATION) BILL 2020 — Mr Merlino introduced ‘A Bill for an Act to amend the Education and Training Reform Act 2006 to provide for the registration of premises at which accommodation services are provided to students enrolled at or attending registered schools and to make minor amendments to that Act and related consequential amendments to the Child Wellbeing and Safety Act 2005 and for other purposes’; and, after debate, the Bill was read a first time and ordered to be read a second time tomorrow.

4 SENTENCING AMENDMENT (EMERGENCY WORKER HARM) BILL 2020 — Ms Hennessy introduced ‘A Bill for an Act to amend the Sentencing Act 1991 in relation to sentencing for certain offences committed against emergency workers and others, to amend the Criminal Procedure Act 2009 in relation to indictable offences that may be heard and determined summarily and to make minor amendments to the Crimes Act 1958 and the Serious Offenders Act 2018 and for other purposes’; and, after debate, the Bill was read a first time and ordered to be read a second time tomorrow.

5 DISABILITY SERVICE SAFEGUARDS AMENDMENT BILL 2020 — Mr Donnellan introduced ‘A Bill for an Act to amend the Disability Service Safeguards Act 2018 and for other purposes’; and, after debate, the Bill was read a first time and ordered to be read a second time tomorrow.

6 ACTING SPEAKERS — The Speaker tabled the following warrant:

PANEL OF ACTING SPEAKERS

Under Standing Order 20, I appoint , Sarah Connolly, , Matt Fregon, , and to preside as Acting Speakers whenever requested to do so by the Speaker or the Deputy Speaker.

This warrant amends the previous warrants of 5, 6 and 19 February 2019.

Colin Brooks MP SPEAKER 3 March 2020. 302 Legislative Assembly of Victoria

7 DOCUMENTS

SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — Mr Burgess, Deputy Chair, tabled the Alert Digest No 3 of 2020 from the Scrutiny of Acts and Regulations Committee on the:

Assisted Reproductive Treatment Amendment Bill 2020 Health Services Amendment (Mandatory Vaccination of Healthcare Workers) Bill 2020 Gender Equality Bill 2019 Local Government (Casey City Council) Act 2020 National Electricity (Victoria) Amendment Bill 2020 Summary Offences Amendment (Move-on Laws) Bill 2019

together with appendices.

Ordered to be published.

DOCUMENTS TABLED UNDER ACTS OF PARLIAMENT — The Clerk tabled the following documents under Acts of Parliament:

Commercial Passenger Vehicle Industry Act 2017 — Commercial Passenger Vehicle Industry Code of Practice, Part 2: Meeting your safety duties

Duties Act 2000 — Report 1 July to 31 December 2019 of Foreign Purchaser Additional Duty Exemptions under s 3E

Gambling Regulation Act 2003 — Amendment to Public Lottery Licence under s 5.3.19

Interpretation of Legislation Act 1984 — Notice under s 32(3)(a)(iii) in relation to Statutory Rule 133/2019 (Gazette S56, 6 February 2020)

Occupational Health and Safety Act 2004 — Order approving the Managing exposure to crystalline silica: Engineered stone compliance code (Gazette S66, 11 February 2020)

Ombudsman — Investigation into three councils’ outsourcing of parking fine internal reviews — Ordered to be published

Planning and Environment Act 1987 — Notices of approval of amendments to the following Planning Schemes:

Bayside — C167 Casey — C264 Frankston — C135 Kingston — C184 Knox — C179 Manningham — C129 Maroondah — C133 Monash — C154 Victoria Planning Provisions — VC166 Votes and Proceedings Tuesday 3, 4 and 5 March 2020 303

Whitehorse C218

Statutory Rules under the following Acts:

Child Wellbeing and Safety Act 2005 — SR 12 Family Violence Protection Act 2008 — SR 10 Guardianship and Administration Act 2019 — SR 11 Mental Health Act 2014 — SR 9 National Parks Act 1975 — SR 8 Personal Safety Intervention Orders Act 2010 — SR 10 Sale of Land Act 1962 — SR 13 Tobacco Act 1987 — SR 14

Subordinate Legislation Act 1994:

Documents under s 15 in relation to Statutory Rules 8, 9, 10, 12 Documents under s 16B in relation to the Commercial Passenger Vehicle Industry Act 2017: Commercial Passenger Vehicle Industry Code of Practice, Part 2: Meeting your safety duties Determination of Specifications for Wheelchair Accessible Vehicles.

PROCLAMATIONS — Under Standing Order 177A, the Clerk tabled the following proclamations fixing operative dates:

Consumer Legislation Amendment Act 2019 — Remaining provisions of Division 1 of Part 5 — 2 March 2020 (Gazette S91, 25 February 2020) Guardianship and Administration Act 2019 — Part 1 and s 195 — 28 February 2020 (Gazette S91, 25 February 2020).

8 MESSAGE FROM THE LEGISLATIVE COUNCIL — Agreeing to the Gender Equality Bill 2019 without amendment.

9 MESSAGE FROM THE GOVERNOR — ASSENT TO BILLS — Informing the Legislative Assembly that she had, on 25 February 2020, given the royal assent to the following bills, presented to her by the Clerk of the Parliaments:

Building and Environment Protection Legislation Amendment Bill 2019 Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Gender Equality Bill 2019.

10 MESSAGE FROM THE LEGISLATIVE COUNCIL — COUNCIL VACANCY — Proposing that the Council meets the Legislative Assembly for the purpose of sitting and voting together to choose a person to hold the seat in the Legislative Council rendered vacant by the resignation of the Hon Mary Wooldridge and that the place and time of such meeting be the Legislative Assembly Chamber on Wednesday 4 March 2020 at 6.15 pm.

Ordered — That the message be taken into consideration immediately. 304 Legislative Assembly of Victoria

11 JOINT SITTING — LEGISLATIVE COUNCIL VACANCY — Motion made and question — That this House agrees to the Council’s proposal for a joint sitting on Wednesday 4 March 2020 at 6.15 pm in the Legislative Assembly Chamber for the purpose of sitting and voting together to choose a person to hold the seat in the Legislative Council rendered vacant by the resignation of the Hon Mary Wooldridge (Ms Allan) — put and agreed to.

Ordered — That a message be sent to the Legislative Council informing them accordingly.

12 GOVERNMENT BUSINESS PROGRAM — Motion made and question — That, under SO 94(2), the Orders of the Day, Government Business, relating to the following bills be considered and completed by 5.00 pm on Thursday 5 March 2020:

Crimes Amendment (Manslaughter and Related Offences) Bill 2020 Health Services Amendment (Mandatory Vaccination of Healthcare Workers) Bill 2020 National Electricity (Victoria) Amendment Bill 2020 Project Development and Construction Management Amendment Bill 2020

(Ms Allan) — after debate, put and agreed to.

13 STATEMENTS BY MEMBERS — Members made statements.

14 PROJECT DEVELOPMENT AND CONSTRUCTION MANAGEMENT AMENDMENT BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.

Motion made and question — That the debate be now adjourned (Ms Williams) — put and agreed to.

Ordered — That the debate be adjourned until later this day.

15 POSTPONEMENT OF ORDER OF THE DAY — Ordered — That the consideration of Government Business, Order of the Day, No 2 be postponed until later this day.

16 CRIMES AMENDMENT (MANSLAUGHTER AND RELATED OFFENCES) BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.

Business was interrupted at 7.00 pm under sessional orders.

17 ADJOURNMENT — The Deputy Speaker announced that the time for the adjournment of the House had arrived and, after debate, left the Chair at 7.23 pm.

BRIDGET NOONAN COLIN BROOKS MP Clerk of the Legislative Assembly Speaker

Votes and Proceedings Tuesday 3, 4 and 5 March 2020 305

No 58 — Wednesday 4 March 2020

1 The Speaker took the Chair, read the Prayer and made an Acknowledgement of Country.

2 NORTH EAST LINK BILL 2020 — Mr Pallas introduced ‘A Bill for an Act to establish the North East Link State Tolling Corporation in relation to the North East Link road, to provide for the operation and maintenance of the North East Link road and the imposition and enforcement of tolls in relation to the North East Link road, to make related and consequential amendments to other Acts and for other purposes’; and, after debate, the Bill was read a first time and ordered to be read a second time tomorrow.

3 PETITIONS — The Clerk announced that the following petitions had been lodged for presentation:

Kilsyth Planning Scheme Amendment — Requesting that the Legislative Assembly demands the Government disallow the proposed planning scheme amendment for 150 Cambridge Road, Kilsyth to preserve the site and to accommodate the demand for recreational public open space created by population growth, bearing 576 signatures (Mr Hodgett)

Drug and Alcohol Rehabilitation Centre, Wangaratta — Requesting that the Legislative Assembly calls on the Government to seek an alternate location for the proposed drug and alcohol rehabilitation centre in Wangaratta and that it not be located at the former Ovens College site but built outside the town’s boundaries, bearing 226 signatures (Mr McCurdy)

Cambridge Gardens Bus Service — Requesting that the Government extends bus services to Cambridge Gardens estate, bearing 46 signatures (Ms Spence).

Petitions ordered to be tabled.

4 PETITION — KILSYTH PLANNING SCHEME AMENDMENT — Motion made and question — That the petition presented by the Member for Croydon be taken into consideration tomorrow (Mr Hodgett) — put and agreed to.

5 PETITION — DRUG AND ALCOHOL REHABILITATION CENTRE, WANGARATTA — Motion made and question — That the petition presented by the Member for Ovens Valley be taken into consideration tomorrow (Mr McCurdy) — put and agreed to.

6 DOCUMENTS TABLED UNDER ACTS OF PARLIAMENT — The Clerk tabled the following documents under Acts of Parliament:

Subordinate Legislation Act 1994 — Documents under s 15 in relation to Statutory Rule 11

Victorian Inspectorate:

Inspection Report 2018–19 under the Crimes (Controlled Operations) Act 2004, Wildlife Act 1975 and Fisheries Act 1995 Inspection Report September 2019 under the Terrorism (Community Protection) Act 2003.

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7 STATEMENTS BY MEMBERS — Members made statements.

8 STATEMENTS ON A PARLIAMENTARY COMMITTEE REPORT — Members made statements on a committee report.

9 EDUCATION AND TRAINING REFORM AMENDMENT (REGULATION OF STUDENT ACCOMMODATION) BILL 2020 — Mr Merlino tabled a statement of compatibility in accordance with the Charter of Human Rights and Responsibilities Act 2006.

Motion made and question proposed — That this Bill be now read a second time (Mr Merlino).

The second reading speech was incorporated into Hansard.

Motion made and question — That the debate be now adjourned (Ms McLeish) — put and agreed to.

Ordered — That the debate be adjourned for two weeks. Debate adjourned until Wednesday 18 March 2020.

10 SENTENCING AMENDMENT (EMERGENCY WORKER HARM) BILL 2020 — Ms Hennessy tabled a statement of compatibility in accordance with the Charter of Human Rights and Responsibilities Act 2006.

Motion made and question proposed — That this Bill be now read a second time (Ms Hennessy).

The second reading speech was incorporated into Hansard.

Motion made and question — That the debate be now adjourned (Ms McLeish) — put and agreed to.

Ordered — That the debate be adjourned for two weeks. Debate adjourned until Wednesday 18 March 2020.

11 DISABILITY SERVICE SAFEGUARDS AMENDMENT BILL 2020 — Mr Donnellan tabled a statement of compatibility in accordance with the Charter of Human Rights and Responsibilities Act 2006.

Motion made and question proposed — That this Bill be now read a second time (Mr Donnellan).

The second reading speech was incorporated into Hansard.

Motion made and question — That the debate be now adjourned (Mr Smith, Warrandyte) — put and agreed to.

Ordered — That the debate be adjourned for two weeks. Debate adjourned until Wednesday 18 March 2020. Votes and Proceedings Tuesday 3, 4 and 5 March 2020 307

12 NATIONAL ELECTRICITY (VICTORIA) AMENDMENT BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.

Business was interrupted at 11.00 am under sessional orders.

13 QUESTION TIME — (Under Sessional Order 9).

14 NATIONAL ELECTRICITY (VICTORIA) AMENDMENT BILL 2020 — Debate continued on question — That this Bill be now read a second time.

Business was interrupted at 2.00 pm under sessional orders.

15 DISCUSSION OF MATTER OF PUBLIC IMPORTANCE — BUDGET AND PROJECT MISMANAGEMENT OF THE GOVERNMENT — The Speaker read Ms Staley’s proposal to the House —

‘That this House condemns the budgetary and project mismanagement of the Andrews Labor Government which has already led to:

(1) the Treasurer admitting his budget needed deep cuts when he said to Neil Mitchell on 3AW on 12 February 2020 “I’m looking at every line item of expenditure, and I’m looking to take something like $4 billion out of government expenditure going forward”;

(2) budget cuts across the board, including to regional road maintenance, corrections, and hazard reduction burns on public land;

(3) hospital waitlists increasing;

(4) unemployment rising above the national average on the most recently released data;

(5) an inability to solve the recycling crisis; and

(6) an admission by the Treasurer to Neil Mitchell on 3AW on 14 February 2020 that he will not rule out further taxation increases in the upcoming budget.’

Ms Staley addressed the House — Discussion followed.

16 NATIONAL ELECTRICITY (VICTORIA) AMENDMENT BILL 2020 — Debate resumed on question — That this Bill be now read a second time.

[Business was interrupted at 6.15 pm for a joint sitting and resumed at 6.23 pm]

Debate resumed on question — That this Bill be now read a second time.

Motion made and question — That the debate be now adjourned (Mr Foley) — put and agreed to.

Ordered — That the debate be adjourned until later this day. 308 Legislative Assembly of Victoria

17 JOINT SITTING — LEGISLATIVE COUNCIL VACANCY — The Speaker reported that the House met today with the Legislative Council for the purpose of choosing a person to hold the seat in the Legislative Council rendered vacant by the resignation of the Hon Mary Wooldridge and that Dr Matthew Bach was duly chosen to hold the vacant place.

18 CRIMES AMENDMENT (MANSLAUGHTER AND RELATED OFFENCES) BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.

Business was interrupted at 7.00 pm under sessional orders.

19 ADJOURNMENT — The Deputy Speaker announced that the time for the adjournment of the House had arrived and, after debate, left the Chair at 7.26 pm.

BRIDGET NOONAN COLIN BROOKS MP Clerk of the Legislative Assembly Speaker

No 59 — Thursday 5 March 2020

1 The Speaker took the Chair, read the Prayer and made an Acknowledgement of Country.

2 PETITION — The Clerk announced that the following petition had been lodged for presentation:

Spoil from Westgate Tunnel Project — Requesting that the Legislative Assembly rejects all proposals by Transurban and Maddingley Brown Coal to dump any contaminated spoil from the Westgate Tunnel Project in the Bacchus Marsh community and instead works with Transurban to have the spoil sent to fit-for-purpose facilities away from farmland, schools, waterways and vibrant growing communities, bearing 4254 signatures (Ms Settle).

Ordered to be tabled.

3 DOCUMENT TABLED UNDER AN ACT OF PARLIAMENT — The Clerk tabled the following document under an Act of Parliament:

Planning and Environment Act 1987 — Infrastructure Contributions and Development Contribution Levies — Report 2018–19.

4 SITTING OF THE HOUSE — Motion made and question — That the House, at its rising, adjourns until Tuesday 17 March 2020 (Ms Allan) — put and agreed to.

5 STATEMENTS BY MEMBERS — Members made statements.

Votes and Proceedings Tuesday 3, 4 and 5 March 2020 309

6 NORTH EAST LINK BILL 2020 — Mr Pallas tabled a statement of compatibility in accordance with the Charter of Human Rights and Responsibilities Act 2006.

Motion made and question proposed — That this Bill be now read a second time (Mr Pallas).

The second reading speech was incorporated into Hansard.

Motion made and question — That the debate be now adjourned (Ms Kealy) — put and agreed to.

Ordered — That the debate be adjourned for two weeks. Debate adjourned until Thursday 19 March 2020.

7 HEALTH SERVICES AMENDMENT (MANDATORY VACCINATION OF HEALTHCARE WORKERS) BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.

Business was interrupted at 11.00 am under sessional orders.

8 QUESTION TIME — (Under Sessional Order 9).

9 HEALTH SERVICES AMENDMENT (MANDATORY VACCINATION OF HEALTHCARE WORKERS) BILL 2020 — Debate continued on question — That this Bill be now read a second time.

Allocation of time — The Deputy Speaker advised that the time allocated for consideration of bills under the resolution of the House on Tuesday 3 March 2020 had expired.

Question — That this Bill be now read a second time — put and agreed to.

Question — That this Bill be now read a third time — put and agreed to.

Bill sent to the Legislative Council and their agreement requested.

10 CRIMES AMENDMENT (MANSLAUGHTER AND RELATED OFFENCES) BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time.

Question — That this Bill be now read a second time and a third time — put and agreed to.

Bill sent to the Legislative Council and their agreement requested.

11 NATIONAL ELECTRICITY (VICTORIA) AMENDMENT BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time.

Question — That this Bill be now read a second time and a third time — put.

310 Legislative Assembly of Victoria

The House divided (the Speaker, Mr Brooks, in the Chair) —

AYES 56

Juliana Addison; ; ; ; ; ; ; ; Darren Cheeseman; Sarah Connolly; Jordan Crugnale; ; Lily D’Ambrosio; ; ; ; ; ; Martin Foley; ; Matt Fregon; ; ; Katie Hall; ; Jill Hennessy; ; ; ; John Kennedy; ; ; Stephen McGhie; Frank McGuire; ; ; ; ; Danny Pearson; ; Pauline Richards; Tim Richardson; ; ; Michaela Settle; ; ; ; ; ; Jackson Taylor; Kat Theophanous; Mary-Anne Thomas; ; ; .

NOES 24

Neil Angus; Gary Blackwood; ; ; ; ; ; Tim McCurdy; Cindy McLeish; David Morris; ; Danny O’Brien; Michael O’Brien; Richard Riordan; Brad Rowswell; ; Ryan Smith; Tim Smith; ; ; ; ; Peter Walsh; .

Question agreed to.

Bill sent to the Legislative Council and their agreement requested.

12 PROJECT DEVELOPMENT AND CONSTRUCTION MANAGEMENT AMENDMENT BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time.

Question — That this Bill be now read a second time and a third time — put and agreed to.

Bill sent to the Legislative Council and their agreement requested.

Business was interrupted at 5.07 pm under sessional orders.

13 ADJOURNMENT — The Speaker announced that the time for the adjournment of the House had arrived and, after debate —

[The Speaker left the Chair at 5.14 pm and resumed it at 5.27 pm]

After further debate, the Speaker left the Chair at 5.57 pm.

BRIDGET NOONAN COLIN BROOKS MP Clerk of the Legislative Assembly Speaker

By Authority. Government Printer for the State of Victoria