215

LEGISLATIVE ASSEMBLY

2019

FIRST SESSION OF THE FIFTY-SEVENTH PARLIAMENT

VOTES AND PROCEEDINGS

No. 14

WEDNESDAY 31 JULY 2019

1 MEETING OF THE HOUSE

The House met at 10.00 am 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 PLANNING LEGISLATION AMENDMENT BILL 2019

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.

Mr and Ms obtained extensions of time.

Debate continued.

Question put and passed.

Bill read a second time.

Mr Rob Stokes, moved, That this bill be now read a third time.

Question put and passed.

Bill read a third time. 216 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 31 July 2019

4 BUDGET ESTIMATES AND RELATED PAPERS 2019-2020

The order of the day was read for the resumption of the adjourned debate, on the motion of Mr , That this House take note of the Budget Estimates and related papers for 2019-2020:

Question again proposed and debate resumed.

Mr obtained an extension of time .

Ms 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 a later time.

It being before 1.15 pm, community recognition statements proceeded with.

5 COMMUNITY RECOGNITION STATEMENTS

The Temporary Speaker (Ms ) left the Chair at 1.32pm.

The Speaker resumed the Chair at 2.15 pm.

6 SPEAKER'S RULING—SOLICITING INTERJECTIONS

The Speaker made the following considered ruling:

'On Wednesday 19 June 2019, the Member for Liverpool sought a ruling from me as to whether it was disorderly for a Member to encourage interjections. He also wrote to me on 23 June on the same matter, which has further prompted this formal and considered ruling.

Having considered the matter, I am of the view that it is generally disorderly for any Member who has the call to encourage other Members to interject. While Members can ask rhetorical questions within an address, it is generally out of order to continually ask a series of questions that attempt to solicit or encourage answers by way of interjections.

While I would accept that there is a distinction between the Member who uses their call to actively seek interjections and the Member whose speaking time is interrupted against their will – all interjections are technically disorderly and so to solicit them is also technically disorderly. Indeed, as Standing Order 52 states: 'When a Member is speaking, other Members shall not converse or make any noise or disturbance'.

It is evident that soliciting interjections is not new and a search of Hansard provides examples of it being used as a tactic by both sides over the years.

In 1990 for example, Speaker Rozzoli ruled that the Leader of the Opposition, Mr Carr, should not challenge the Government benches to answer his questions when they had no right to respond.

In 2010, Speaker Torbay upheld a point of order that Premier Keneally should not lead other Members to interject. 217 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 31 July 2019

More recently in 2012, Speaker Hancock requested that the then Minister for Planning not incite Opposition Members; and in 2014 asked the then Minister for Family and Community Services to refrain from canvassing answers from other members as this encouraged disorderly conduct.

So you will see from these examples that my general view is consistent with those held by my predecessors in this Chair.

However, I am sure that none of you want me to become too pedantic, or heavy-handed in applying the Standing Orders. I don’t wish to unduly dampen the creative freedom that Ministers demonstrate in answering questions with an engaging and interesting style.

I do not always pull up interjections, depending on their nature, extent and context. Likewise, I will not pull up relatively innocuous examples of soliciting interjections, especially where no objection is made, and there is no extreme behaviour that disrupts the House.

The House can function well with a limited level of interjection, but let's all try to be sensible and respectful. While behaviour that solicits repeated and loud communal interjections might reasonably be objected to, it might also sometimes be seen as part of the rigour and theatre of Question Time.

As your Speaker, I will always endeavour to uphold order in this place, but I make one final important observation: This House works best when it effectively self-regulates.'

7 NOTICES OF MOTIONS

8 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

Mr —Independent Commission Against Corruption Investigation. Ms Jodi McKay—Apartment Construction and Safety.

9 QUESTION TIME

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

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

(3) Following a request from Mr Mark Taylor pursuant to standing order 131 (3), the Minister for Transport and Roads provided additional information.

(4) Following a request from Ms pursuant to standing order 131 (3), the Minister for Water, Property and Housing provided additional information.

(5) Following a request from Mr James Griffin pursuant to standing order 131 (3), the Minister for Families, Communities and Disability Services provided additional information.

10 PAPERS

Mr Dominic Perrottet tabled:

Half Yearly Reports for the period ended 31 December 2018 of—Essential Energy; Forestry Corporation; Hunter Water Corporation; Landcom; Port Authority of New South Wales; Sydney Water Corporation; and Water NSW. 218 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 31 July 2019

11 PETITIONS

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

Ms —from certain citizens requesting the Legislative Assembly direct the Minister for Primary Industries to support amateur beekeepers by abandoning a registration fee and allocating more resources to maintain a disease free and sustainable network of hives.

Ms Jo Haylen—from certain citizens asking the Legislative Assembly to call on the Government to conduct a commission of inquiry into the mismanagement of the Barwon-Darling River system, restore low-and- medium flows to the Darling River, reinstate the 'Cease to Pump' rule, ensure compliance checks on water users, halt the decommissioning project at Menindee and increase the number of outreach officers from Fisheries NSW to work with communities in addressing the health of river systems and increasing the fish population.

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

Ms —from certain citizens asking the Legislative Assembly call on the Government to invest in Canterbury Hospital to secure its future and provide for the health care needs of the local community.

Mrs —from certain citizens asking the Legislative Assembly to preserve the Finley War Memorial Hall School of Arts complex by preventing the Berrigan Shire Council from undertaking Option Three and removing its trusteeship of the complex.

Ms Jo Haylen—from certain citizens asking the Legislative Assembly to call on the Government to restore foster care services to Family and Community Services or to make it a condition of funding that agencies not be permitted to discriminate against prospective LGBTIQ foster parents.

12 RE-ORDERING OF GENERAL BUSINESS

(1) Mr moved, That the general business notice of motion (general notice) given by him this day (Northern Beaches Hospital have precedence on Thursday 1 August 2019.

Debate ensued.

Question put.

The House divided.

Ayes ...... 39 Noes ...... 50 Majority ...... 11 AYES Aitchison, J Atalla, E Bali, S Barr, C Car, P Catley, Y Chanthivong, A Cotsis, S Crakanthorp, T Daley, M Dib, J Doyle, T Finn, J Harris, D Harrison, J Haylen, J Hoenig, R Hornery, S Kamper, S Lalich, N Leong, J Lynch, P McDermott, H McKay, J Mehan, D (teller) Mihailuk, T Minns, C O'Neill, M Park, R Parker, J Piper, G Saffin, J Scully, P Tesch, L Voltz, L Warren, G 219 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 31 July 2019

AYES Washington, K Watson, A (teller) Zangari, G

NOES Anderson, K Ayres, S Barilaro, J Berejiklian, G Bromhead, S Butler, R Clancy, J Conolly, K Constance, A Cooke, S (teller) Coure, M Crouch, A (teller) Dalton, H Davies, T Dominello, V Donato, P Elliott, D Evans, L Gibbons, M Griffin, J Gulaptis, C Hancock, S Hazzard, B Henskens, A Johnsen, M Kean, M Lee, G Lindsay, W Marshall, A O'Dea, J Pavey, M Perrottet, D Petinos, E Preston, R Provest, G Roberts, A Saunders, D Sidgreaves, P Sidoti, J Singh, G Smith, N Speakman, M Stokes, R Taylor, M Toole, P Tuckerman, W Upton, G Ward, G Williams, R Wilson, F

In the Chair: Mrs Leslie Williams.

Question negatived.

(2) Ms moved, That the general business notice of motion (general notice) given by her this day (Police and Firefighter Numbers) have precedence on Thursday 1 August 2019.

Question put and passed.

13 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

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

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

That this House:

(1) Condemns the policy paralysis of a weak Premier who has failed to show leadership in fixing the crisis in apartment construction and safety.

(2) Condemns the priorities of a Premier who is governing for developers rather than ordinary people living in apartments.

(3) Notes that the Premier has gone missing while apartment residents in Ryde, Parramatta, East Hills, Seven Hills and right across Sydney are terrified they are living in the next Opal Tower or Mascot Tower.

(4) Notes that this Government has failed to act on warning after warning that Sydney's apartments are unsafe, from the Lambert Report of 2015 to the emergency report into Opal Tower in February 2019. 220 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 31 July 2019

(5) Demands the Premier put the chaos in her party room to one side and immediately establish proper regulation and oversight to ensure there are no more building disasters in Sydney.

Question—That the motion of the member for Ku-ring-gai be accorded priority—put.

The House divided.

Ayes ...... 47 Noes ...... 39 Majority ...... 8 AYES Anderson, K Ayres, S Barilaro, J Berejiklian, G Bromhead, S Clancy, J Conolly, K Constance, A Cooke, S (teller) Coure, M Crouch, A (teller) Davies, T Dominello, V Elliott, D Evans, L Gibbons, M Griffin, J Gulaptis, C Hancock, S Hazzard, B Henskens, A Johnsen, M Kean, M Lee, G Lindsay, W Marshall, A O'Dea, J Pavey, M Perrottet, D Petinos, E Preston, R Provest, G Roberts, A Saunders, D Sidgreaves, P Sidoti, J Singh, G Smith, N Speakman, M Stokes, R Taylor, M Toole, P Tuckerman, W Upton, G Ward, G Williams, R Wilson, F

NOES Aitchison, J Atalla, E Bali, S Barr, C Butler, R Car, P Catley, Y Chanthivong, A Cotsis, S Crakanthorp, T Daley, M Dalton, H Dib, J Donato, P Doyle, T Finn, J Harris, D Harrison, J Haylen, J Hoenig, R Hornery, S Kamper, S Lalich, N Lynch, P McDermott, H McKay, J Mehan, D (teller) Mihailuk, T Minns, C O'Neill, M Park, R Saffin, J Scully, P Tesch, L Voltz, L Warren, G Washington, K Watson, A (teller) Zangari, G

In the Chair: Mrs Leslie Williams.

Question passed.

14 MOTION ACCORDED PRIORITY—INDEPENDENT COMMISSION AGAINST CORRUPTION INVESTIVATION

Mr Alister Henskens moved, pursuant to notice, That this House:

(1) Notes that an August public inquiry has been announced by the Independent Commission Against Corruption into New South Wales Labor. 221 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 31 July 2019

(2) Notes the Independent Commission Against Corruption Inspector's report dismissing New South Wales Labor's complaint against the Independent Commission Against Corruption.

(3) Notes that the Independent Commission Against Corruption referred to assertions in New South Wales Labor's complaint as entirely scurrilous.

(4) Calls on the Leader of the Opposition to apologise to the Independent Commission Against Corruption on behalf of New South Wales Labor.

Debate ensued.

Question put.

The House divided.

Ayes ...... 52 Noes ...... 36 Majority ...... 16 AYES Anderson, K Ayres, S Barilaro, J Berejiklian, G Bromhead, S Clancy, J Conolly, K Constance, A Cooke, S (teller) Coure, M Crouch, A (teller) Dalton, H Davies, T Dominello, V Elliott, D Evans, L Gibbons, M Griffin, J Gulaptis, C Hancock, S Hazzard, B Henskens, A Johnsen, M Kean, M Lee, G Leong, J Lindsay, W Marshall, A Parker, J Pavey, M Perrottet, D Petinos, E Piper, G Preston, R Provest, G Roberts, A Saunders, D Sidgreaves, P Sidoti, J Singh, G Smith, N Smith, T Speakman, M Stokes, R Taylor, M Toole, P Tuckerman, W Upton, G Ward, G Williams, L Williams, R Wilson, F

NOES Aitchison, J Atalla, E Bali, S Barr, C Car, P Catley, Y Chanthivong, A Cotsis, S Crakanthorp, T Daley, M Dib, J Doyle, T Finn, J Harris, D Harrison, J Haylen, J Hoenig, R Hornery, S Kamper, S Lalich, N Lynch, P McDermott, H McKay, J Mehan, D (teller) Mihailuk, T Minns, C O'Neill, M Park, R Saffin, J Scully, P Tesch, L Voltz, L Warren, G Washington, K Watson, A (teller) Zangari, G

In the Chair: Mr Jonathan O'Dea. 222 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 31 July 2019

Question passed.

15 DEATH OF WILLIAM PETER COLEMAN, A FORMER MINISTER OF THE CROWN

Ms moved, That this House extends to the family the deep sympathy of members of the Legislative Assembly in the loss sustained by the death, on 31 March 2019, of William Peter Coleman AO, a former Minister of the Crown.

The motion was seconded by Ms Jodi McKay and supported by Mr Dominic Perrottet, Ms Gabrielle Upton and Mr .

Question put and carried unanimously—members and officers of the House standing.

16 FINES AMENDMENT BILL 2019

Mr moved, pursuant to notice, That a bill be now introduced for an Act to amend the Fines Act 1996 in relation to fines and their enforcement; to amend the Road Transport Act 2013 in relation to the nomination of persons responsible for camera recorded offences and parking offences; and for other purposes.

Question put and passed.

Bill introduced and read a first time.

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

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

17 MATTER OF PUBLIC IMPORTANCE—LOCAL GOVERNMENT WEEK

The Speaker previously informed the House of receipt from Mr James Griffin of a notice of a matter of public importance, namely:

Local Government Week.

Discussion ensued and concluded.

18 PRIVATE MEMBERS' STATEMENTS

19 ADJOURNMENT

The House adjourned, pursuant to standing and sessional orders, at 7.09 pm, until tomorrow at 10.30 am.

Attendance: All members present except Dr Joe McGirr.

HELEN MINNICAN JONATHAN O'DEA Clerk of the Legislative Assembly Speaker

Authorised by the Parliament of New South Wales