Legislative Assembly of Victoria

PROOF LEGISLATIVE ASSEMBLY OF VICTORIA

VOTES AND PROCEEDINGS

No 94 — Friday 19 February 2021

1 The House met in accordance with the terms of the resolution of Wednesday 17 February 2021 — The Speaker took the Chair, read the Prayer and made an Acknowledgement of Country.

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

Municipal Association of Victoria — Report 2019–20

Parliamentary Committees Act 2003 — Government response to the Public Accounts and Estimates Committee’s Report on the 2017–18 and 2018–19 Financial and Performance Outcomes

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

Alpine — GC175 Alpine Resorts — GC175 Ararat — GC175 Ballarat — GC175 Banyule — GC175 Bass Coast — GC175 Baw Baw — GC175 Bayside — GC175 Benalla — GC175 Boroondara — GC175 Brimbank — GC175 Buloke — GC175 Campaspe — GC175 Cardinia — C249, GC175 Casey — GC175 Central Goldfields — GC175 Colac Otway — GC175 Corangamite — GC175 Darebin — GC175 East Gippsland — GC175 Frankston — GC175 French Island and Sandstone Island — GC175 Gannawarra — GC175 Glen Eira — GC175

2 Legislative Assembly of Victoria

Glenelg — GC175 Golden Plains — GC175 Greater Bendigo — GC175 Greater Dandenong — GC175 Greater Geelong — GC175 Greater Shepparton — GC175 Hepburn — GC175 Hindmarsh — GC175 Hobsons Bay — GC175 Horsham — GC175 Hume — GC175 Indigo — GC175 Kingston — GC175 Knox — GC175 Latrobe — GC175 Loddon — GC175 Macedon Ranges — GC175 Manningham — GC175 Mansfield — GC175 Maribyrnong — GC175 Maroondah — GC175 Melbourne — GC175 Melton — GC175 Mildura — GC175 Mitchell — GC175 Moira — GC175 Monash — GC175 Moonee Valley — GC175 Moorabool — GC175 Moreland — GC175 Mornington Peninsula — GC175 Mount Alexander — GC175 Moyne — GC175 Murrindindi — GC175 Nillumbik — GC175 Northern Grampians — GC175 Port of Melbourne — GC175 Port Phillip — GC175 Pyrenees — GC175 Queenscliffe — GC175 South Gippsland — GC175 Southern Grampians — GC175 Stonnington — GC175 Strathbogie — GC175 Surf Coast — GC175 Swan Hill — GC175 Towong — GC175 Wangaratta — GC175

Votes and Proceedings Friday 19 February 2021 3

Warrnambool — GC175 Wellington — GC175 West Wimmera — GC175 Whitehorse — GC175 Whittlesea — GC175 Wodonga — GC175 Wyndham — GC175 Yarra — GC175 Yarra Ranges — GC175 Yarriambiack — GC175

Subordinate Legislation Act 1994 — Documents under s 15 in relation to Statutory Rules 8, 9.

3 SITTING OF THE HOUSE — Motion made and question — That:

(1) The House, at its rising, adjourns until Tuesday 2 March 2021, or an earlier day and hour to be fixed by the Speaker.

(2) If, in the opinion of the Speaker, the next scheduled sitting or a rescheduled sitting should not proceed on the basis of health advice, the Speaker will consult with the Leader of the House and the Manager of Opposition Business to delay the next meeting and set a future day and hour to meet.

(3) The Speaker will notify members of any changes to the next sitting date

(Ms Allan) — put and agreed to.

4 STATEMENTS BY MEMBERS — Members made statements.

5 SPECIAL SITTING OF THE HOUSE — Motion made and question proposed — That:

(1) So much of standing and sessional orders are suspended on Tuesday 2 March 2021 so as to allow:

(a) the Speaker to take the Chair at 10.00 am and the House to proceed in accordance with subparagraphs (b) to (l);

(b) a specified area determined by the Speaker at the Royal Exhibition Building, Melbourne to be deemed to be the floor of the Chamber until the suspension of the sitting under subparagraph (j);

(d) the House to invite to attend on the floor of the House all Commissioners of the Royal Commission into Victoria’s Mental Health System and Chair of the Expert Advisory Panel of the Royal Commission into Victoria’s Mental Health System Professor Patrick McGorry AO;

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(e) the Speaker to make welcoming remarks;

(f) the Chair of the Royal Commission Penny Armytage AM and Professor Patrick McGorry AO to address the House;

(g) the Premier and Leader of the Opposition to make responses of up to 10 minutes each;

(h) the Minister for Mental Health and one shadow minister to make responses of up to five minutes;

(i) the Speaker to make closing remarks;

(j) the sitting to be suspended for three hours and all visitors to leave the Chamber;

(k) when the sitting resumes, the order of business as set out in SO 36 to apply; and

(l) a minister to move a motion to take note of the addresses.

(2) The Legislative Assembly invites members of the Legislative Council to attend an Assembly sitting at the Royal Exhibition Building, Melbourne on Tuesday 2 March 2021 at 10.00 am to hear addresses by the Chair of the Royal Commission into Victoria’s Mental Health System Penny Armytage AM and Professor Patrick McGorry AO, and a message be sent to the Legislative Council informing them accordingly

(Mr Merlino) — and, after debate —

Amendment proposed — That —

(1) in subparagraph (1)(d), omit ‘and Chair of the Expert Advisory Panel of the Royal Commission into Victoria’s Mental Health System Professor Patrick McGorry AO’ and insert ‘, Chair of the Expert Advisory Panel of the Royal Commission into Victoria’s Mental Health System Professor Patrick McGorry AO and two members of the Victorian community with lived experience of mental illness whose names will be provided to the Speaker at least one day in advance and the Speaker to advise all members accordingly’;

(2) after subparagraph (1)(e), insert the words ‘(ea) the Clerk to table the Royal Commission into Victoria’s Mental Health System’s report under the Inquiries Act 2014;’;

(3) in subparagraph (1)(f), omit ‘and Professor Patrick McGorry AO’ and insert ‘, Professor Patrick McGorry AO and the members of the Victorian community with lived experience of mental illness’; and

(4) in paragraph (2) omit ‘and Professor Patrick McGorry AO’ and insert ‘, Professor Patrick McGorry AO and members of the Victorian community with lived experience of mental illness’

Votes and Proceedings Friday 19 February 2021 5

(Ms Thomas) — and, after debate —

Question — That the amendments be agreed to — put and agreed to.

Question — That the motion as amended be agreed to — put and agreed to.

Message sent to the Legislative Council informing them of the resolution.

6 PUBLIC HEALTH AND WELLBEING AMENDMENT (STATE OF EMERGENCY EXTENSION) BILL 2021 — 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.

7 QUESTION TIME — (Under Sessional Order 9).

8 PUBLIC HEALTH AND WELLBEING AMENDMENT (STATE OF EMERGENCY EXTENSION) BILL 2021 — Debate continued on question — That this Bill be now read a second time.

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

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

9 CONSTITUTION AMENDMENT (FRACKING BAN) 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 (Mr Pearson) — put and agreed to.

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

10 SPENT CONVICTIONS BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.

Allocation of time — The Deputy Speaker advised that the time allocated for consideration of bills under the resolution of the House on Wednesday 17 February 2021 had expired.

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

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

AYES 56

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McGhie; Frank McGuire; James Merlino; Martin Pakula; Tim Pallas; Danny Pearson; Tim Read; Pauline Richards; Ellen Sandell; Robin Scott; Michaela Settle; Suzanna Sheed; Ros Spence; Nick Staikos; Natalie Suleyman; Meng Heang Tak; Jackson Taylor; Kat Theophanous; Mary-Anne Thomas; Vicki Ward; Gabrielle Williams; Richard Wynne.

NOES 23

Neil Angus; Brad Battin; Roma Britnell; Tim Bull; Neale Burgess; Tim McCurdy; Cindy McLeish; David Morris; James Newbury; Danny O’Brien; Michael O’Brien; Richard Riordan; Brad Rowswell; Steph Ryan; Ryan Smith; Tim Smith; David Southwick; Louise Staley; Bill Tilley; Bridget Vallence; Nick Wakeling; Peter Walsh; Kim Wells.

Question agreed to.

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

AYES 56

Juliana Addison; Jacinta Allan; Daniel Andrews; Lizzie Blandthorn; Chris Brayne; Josh Bull; Anthony Carbines; Ben Carroll; Darren Cheeseman; Sarah Connolly; Christine Couzens; Jordan Crugnale; Ali Cupper; Lily D’Ambrosio; Steve Dimopoulos; Luke Donnellan; Paul Edbrooke; Maree Edwards; Martin Foley; Will Fowles; Matt Fregon; Danielle Green; Bronwyn Halfpenny; Katie Hall; Dustin Halse; Paul Hamer; Jill Hennessy; Sam Hibbins; Melissa Horne; Natalie Hutchins; Marlene Kairouz; John Kennedy; Sonya Kilkenny; Gary Maas; Stephen McGhie; Frank McGuire; James Merlino; Martin Pakula; Tim Pallas; Danny Pearson; Tim Read; Pauline Richards; Ellen Sandell; Robin Scott; Michaela Settle; Suzanna Sheed; Ros Spence; Nick Staikos; Natalie Suleyman; Meng Heang Tak; Jackson Taylor; Kat Theophanous; Mary-Anne Thomas; Vicki Ward; Gabrielle Williams; Richard Wynne.

NOES 23

Bill read a third time with the concurrence of a special majority of the whole number of the members of the Legislative Assembly.

Bill sent to the Legislative Council and their agreement requested.

11 PUBLIC HEALTH AND WELLBEING AMENDMENT (STATE OF EMERGENCY EXTENSION) BILL 2021 — 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.

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

AYES 55

Votes and Proceedings Friday 19 February 2021 7

Natalie Hutchins; Marlene Kairouz; John Kennedy; Sonya Kilkenny; Gary Maas; Stephen McGhie; Frank McGuire; James Merlino; Martin Pakula; Tim Pallas; Danny Pearson; Tim Read; Pauline Richards; Ellen Sandell; Robin Scott; Michaela Settle; Suzanna Sheed; Ros Spence; Nick Staikos; Natalie Suleyman; Meng Heang Tak; Jackson Taylor; Kat Theophanous; Mary-Anne Thomas; Vicki Ward; Gabrielle Williams; Richard Wynne.

NOES 24

Neil Angus; Brad Battin; Roma Britnell; Tim Bull; Neale Burgess; Ali Cupper; Tim McCurdy; Cindy McLeish; David Morris; James Newbury; Danny O’Brien; Michael O’Brien; Richard Riordan; Brad Rowswell; Steph Ryan; Ryan Smith; Tim Smith; David Southwick; Louise Staley; Bill Tilley; Bridget Vallence; Nick Wakeling; Peter Walsh; Kim Wells.

Question agreed to.

Bill sent to the Legislative Council and their agreement requested.

12 CONSTITUTION AMENDMENT (FRACKING BAN) 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 — put and agreed to.

Bill read a third time with the concurrence of a special majority of the whole number of the members of the Legislative Assembly.

Bill sent to the Legislative Council and their agreement requested.

Business was interrupted at 5.15 pm under the resolution of the House on Wednesday 17 February 2021.

13 ADJOURNMENT — The Speaker announced that the time for the adjournment of the House had arrived and, after debate, left the Chair at 5.42 pm.

BRIDGET NOONAN COLIN BROOKS MP Clerk of the Legislative Assembly Speaker