699
LEGISLATIVE ASSEMBLY
2015-16
FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT
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VOTES AND PROCEEDINGS
No. 66
THURSDAY 12 MAY 2016
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1 MEETING OF THE HOUSE
The House met at 10.00 am pursuant to adjournment. In the absence of the Speaker and the Deputy Speaker at the commencement of the sitting, the Assistant 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 MESSAGE FROM THE LEGISLATIVE COUNCIL—NATIONAL PARKS AND WILDLIFE AMENDMENT (ADJUSTMENT OF AREAS) 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 the National Parks and Wildlife Act 1974 to change the reservation status of certain land; and for other purposes” transmits the bill to the Legislative Assembly for concurrence.
Legislative Council PAUL GREEN 11 May 2016 Deputy 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 hour.
700 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 12 May 2016
4 AUDITOR-GENERAL
The Clerk, in accordance with section 63C of the Public Finance and Audit Act 193, announced receipt of the Performance Audit Report of the Auditor-General entitled “Supporting Students with Disability in NSW public schools: Department of Education”, dated May 2016 (received 12 May 2016).
5 CRIMES (DOMESTIC AND PERSONAL VIOLENCE) AMENDMENT (REVIEW) BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Ms Gabrielle Upton, That this bill be now read a second time.
Question again proposed and debate resumed.
Ms Trish Doyle obtained an extension of time.
Debate continued.
Question put and passed.
Bill read a second time.
Mr Paul Lynch having requested the bill be considered in detail— ______
The Assistant Speaker, by leave, proposed the bill in groups of clauses and schedules.
Clauses 1 and 2
Question—That the clauses be agreed to—put and passed.
Schedule 1
Question—That the schedule be agreed to—put and passed.
Schedule 2
Question proposed—That the schedule be agreed to.
Mr Paul Lynch moved:
No. 1 Reports
Page 15, Schedule 1 [6], lines 1-6. Omit all words on those lines.
Question proposed—That the amendment be agreed to.
Debate ensued.
Question put.
The House divided.
AYES 30
Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, 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 Warren, Ms 701 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 12 May 2016
Washington, Ms Watson and Mr Zangari.
Tellers: Ms Hay and Mr Lalich.
NOES 52
Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Ms Berejiklian, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Elliott, Mr Gee, Mr George, Ms Gibbons, Ms Goward, Mr Greenwich, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Ms Leong, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mr Parker, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Piccoli, Mr Piper, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mrs Skinner, Ms T.F. Smith, Mr Speakman, Mr Stokes, Mr Taylor, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.
Tellers: Mr Bromhead and Mr Patterson. In the Chair: Mr Fraser.
Pairs: Mr Foley—Mr Baird; Mr Robertson—Mr Evans and Ms K. Smith—Mr Grant.
Question negatived—amendment not agreed to.
Question—That the schedule be agreed to—put and passed. ______
Ms Gabrielle Upton moved, That this bill be now read a third time.
Question put and passed.
Bill read a third time. ______
General business notices of motions (for bills) proceeded with. ______
6 SYDNEY CRICKET AND SPORTS GROUND AMENDMENT (DEVELOPMENT ASSESSMENT) BILL
Mr Alex Greenwich moved, pursuant to notice, That a bill be now introduced for an Act to amend the Sydney Cricket and Sports Ground Act 1978 to apply planning and local government laws to the carrying out of improvements on certain land to which that Act applies.
Question put and passed.
Bill introduced and read a first time.
Mr Alex Greenwich moved, That this bill be now read a second time.
Debate adjourned (Mr Jamie Parker) and the resumption of the debate made an order of the day for a future day.
7 HURLSTONE AGRICULTURAL HIGH SCHOOL SITE BILL
Mr Anoulack Chanthivong moved, pursuant to notice, That a bill be now introduced for an Act to require the Hurlstone Agricultural High School site to be retained for educational purposes.
Question put and passed.
Bill introduced and read a first time. 702 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 12 May 2016
Mr Anoulack Chanthivong moved, That this bill be now read a second time.
Mr Anoulack Chanthivong speaking— ______
Debate interrupted for general business orders of the day (for bills). ______
Ordered, That the resumption of the second reading speech stand an order of the day for tomorrow.
8 GOVERNMENT INFORMATION (PUBLIC ACCESS) AMENDMENT (SYDNEY MOTORWAY CORPORATION) BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Ms Jodi McKay, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put.
The House divided.
AYES 35
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, Ms Leong, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Ms T.F. Smith, Mr Warren, Ms Washington, Ms Watson and Mr Zangari.
Tellers: Ms Hay and Mr Lalich.
NOES 46
Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Ms Berejiklian, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Mr Gee, Mr George, Ms Gibbons, Ms Goward, Mr Gulaptis, Mrs Hancock, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr O’Dea, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Provest, Mr Roberts, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.
Tellers: Mr Bromhead and Mr Patterson. In the Chair: Mr Notley-Smith.
Pairs: Mr Foley—Mr Baird; Mr Robertson—Mr Grant and Ms K. Smith—Mr Rowell.
Question negatived.
9 MINING AND PETROLEUM INDUSTRY POLITICAL DONATIONS LEGISLATION AMENDMENT (CORRUPTION RISK REDUCTION) BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Jamie Parker, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put and voices given.
The Temporary Speaker (Mr Bruce Notley-Smith) stated that in his opinion the “Noes” had it. A division 703 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 12 May 2016
was called for and the Temporary Speaker declared the question to be negatived as there were only five members (Mr Greenwich, Ms Leong, Mr Parker, Mr Piper, and Ms T.F. Smith) in the minority who had challenged his decision. ______
General business notices of motions (general notices) proceeded with. ______
10 CURTIS CHENG TRIBUTE
Dr Geoff Lee moved, pursuant to notice, That this House:
(1) Pays tribute to the life of Curtis Cheng who was murdered in an act of terrorism in Parramatta, outside Police Headquarters on 2 October 2015.
(2) Pays tribute to the men and women of the NSW Police Force and NSW Joint Counter-Terrorism Team for their dedication and commitment in keeping the community safe.
Debate ensued.
Mr Ray Williams, by leave, also spoke to the motion.
Question put and passed. ______
The Deputy Speaker left the Chair at 2.13 pm.
The Speaker resumed the Chair at 2.15 pm. ______
11 MESSAGES FROM THE GOVERNOR
The Speaker reported messages from His Excellency the Governor assenting to the following bills:
11 May 2016
Act No. 13 Fines Amendment Bill Act No. 14 State Revenue Legislation Amendment Bill Act No. 15 Crimes (Serious Crime Prevention Orders) Bill Act No. 16 Criminal Legislation Amendment (Organised Crime and Public Safety) Bill.
12 NOTICE OF MOTION
13 QUESTION TIME ______
(1) Following a request from Mr Stephen Bromhead 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.
(2) Following a request from Dr Geoff Lee pursuant to standing order 131 (3), the Minister for Local Government provided additional information.
(3) Following a request from Mr Ray Williams pursuant to standing order 131 (3), the Minister for Innovation and Better Regulation provided additional information.
704 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 12 May 2016
(4) Following a request from Mr Damien Tudehope pursuant to standing order 131 (3), the Minister for Industry, Resources and Energy provided additional information. ______
14 PAPERS
(1) Ms Gabrielle Upton tabled the report of the NSW Ombudsman entitled “Report under Section 49(1) of the Surveillance Devices Act 2007 for the period ending 31 December 2015”, dated April 2016.
(2) Mr Anthony Roberts tabled:
Report on the Review of the Hemp Industry Act 2008, dated May 2016.
Report of the Wild Dog Destruction Board for 2015.
Report of Cemeteries and Crematoria NSW for the year ended 30 June 2015.
15 LEGISLATIVE ASSEMBLY COMMITTEE ON LAW AND SAFETY
Mr Geoff Provest, Chair, in accordance with standing order 299 (1), informed the House that the Legislative Assembly Committee on Law and Safety had resolved to conduct an inquiry into violence against emergency services personnel, the full details of which were available on the Committee’s home page.
16 PETITIONS
(1) The Clerk announced that the following members had each lodged petitions for presentation:
Mr Alex Greenwich—from certain citizens requesting that museum services be expanded around New South Wales and the Powerhouse Museum remain in Ultimo.
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.
Mr Alex Greenwich—from certain citizens requesting that the Government retain and properly maintain inner city social housing.
Mr Alex Greenwich—from certain citizens requesting legislation for same-sex marriage.
Mr Alex Greenwich—from certain citizens opposing the sale of animals in pet shops.
(2) The Clerk also announced that the following member had lodged a petition for presentation signed by 500 or more persons:
Mr Luke Foley—from certain citizens requesting that Kiama Municipal Council remain a stand alone council.
17 SUSPENSION OF STANDING AND SESSIONAL ORDERS—ROUTINE OF BUSINESS
Mr Anthony Roberts moved, That standing and sessional orders be suspended at this sitting to:
(1) Permit the consideration forthwith of the notice of motion of censure given by the Leader of the Opposition this day.
(2) Provide for the following speaking time limits:
(a) Mover – 10 minutes; 705 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 12 May 2016
(b) Premier – 10 minutes; (c) One further Opposition member – 5 minutes; (d) One further Government member – 5 minutes; and (e) Mover in reply – 5 minutes.
Debate ensued.
Question put.
The House divided.
AYES 50
Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Mr George, Ms Gibbons, Ms Goward, Mr Grant, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Notley-Smith, Mr O’Dea, Mrs Pavey, Mr Perrottet, Ms Petinos, 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 35
Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, 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, Ms T.F. Smith, Mr Warren, Ms Washington, Ms Watson and Mr Zangari.
Tellers: Ms Hay and Mr Lalich. In the Chair: Mr Marshall.
Pair: Mr Gee—Ms K. Smith.
Question passed.
18 CENSURE OF THE PREMIER, AND MINISTER FOR WESTERN SYDNEY
Mr Luke Foley moved, pursuant to notice, That this House censure the Premier, and Minister for Western Sydney for:
(1) His politically motivated program of forced council mergers; (2) His failure to reform local government by not introducing integrity measures, such as banning developers from holding elected office on councils and introducing caps on political donations and expenditure; and (3) Failing to prevent conflicts of interest in council decision making.
Debate ensued.
Mr Jamie Parker sought leave to also speak to the motion.
Leave not granted.
Question put.
The House divided.
706 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 12 May 2016
AYES 34
Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Ms T.F. Smith, Mr Warren, Ms Washington, Ms Watson and Mr Zangari.
Tellers: Ms Hay and Mr Lalich.
NOES 51
Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Mr George, Ms Gibbons, Ms Goward, Mr Grant, Mr Gulaptis, Mrs Hancock, Mr Hazzard, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Notley-Smith, Mr O’Dea, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Piccoli, Mr Piper, 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. In the Chair: Mr Marshall.
Pairs: Ms Haylen—Mr Gee and Mr Robertson—Mr Henskens.
Question negatived.
19 REPORT OF THE LEGISLATION REVIEW COMMITTEE ENTITLED “LEGISLATION REVIEW DIGEST NO. 18/56”, DATED 10 MAY 2016
Question proposed—That the House take note of the report.
Debate ensued.
Question put and passed. ______
Matter of public importance proceeded with. ______
20 MATTER OF PUBLIC IMPORTANCE—INTERNATIONAL NURSES DAY
The Speaker previously informed the House of receipt from Ms Kate Washington of a notice of a matter of public importance, namely:
International Nurses Day.
Discussion ensued. ______
It being before 4.30 pm, discussion interrupted for discussion of petition signed by 10,000 or more persons. ______
Ordered, That the resumption of the discussion stand an order of the day for a later hour.
707 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 12 May 2016
21 DISCUSSION OF PETITION SIGNED BY 10,000 OR MORE PERSONS—SYDNEY LOCKOUT LAWS
The order of the day was read for the discussion of the petition signed by 10,000 or more persons presented by Ms Jenny Leong, namely:
From certain citizens requesting that the Government develop policies that ensure a diversity of venues and late-night entertainment options and an end to lock-outs in Sydney.
Discussion ensued.
Mr Jamie Parker, by leave, also addressed the House.
Discussion concluded.
22 MATTER OF PUBLIC IMPORTANCE—INTERNATIONAL NURSES DAY
The order of the day was read for the resumption of the interrupted discussion on the matter of public importance.
Discussion resumed and concluded.
23 COMMUNITY RECOGNITION STATEMENTS
24 PRIVATE MEMBERS’ STATEMENTS
25 ADJOURNMENT
The House adjourned, pursuant to standing and sessional orders, at 6.52 pm, until Tuesday 31 May 2016, at 12.00 noon.
Attendance: All members present except Mr Glenn Brookes, Mr John Robertson and Ms Kathy Smith.
RONDA MILLER SHELLEY HANCOCK Clerk of the Legislative Assembly Speaker ______
Authorised by the Parliament of New South Wales