Parliamentary Debates (HANSARD) FORTIETH PARLIAMENT FIRST SESSION 2019 LEGISLATIVE COUNCIL Thursday, 4 April 2019 Legislative Council Thursday, 4 April 2019 THE PRESIDENT (Hon Kate Doust) took the chair at 10.00 am, read prayers and acknowledged country. STANDING COMMITTEE ON ESTIMATES AND FINANCIAL OPERATIONS 2019–20 Budget Estimates Hearings — Statement by President THE PRESIDENT (Hon Kate Doust) [10.01 am]: Members, I have received a letter from the Standing Committee on Estimates and Financial Operations, which states — Dear Madam President 2019–20 Budget Estimates Thank you for your letter dated 19 March 2019 granting use of the Legislative Council Chamber for holding the Estimates and Financial Operations Committee’s hearings into the 2019–20 Budget Estimates. The Committee requests you advise the House the following information as part of the Committee’s consideration of this year’s estimates. (1) The hearings will be held in the Chamber from Tuesday 18 June to Friday 21 June 2019 inclusive. (2) The Electronic Lodgement System (ELS) will open on the day the Budget is released for Members to submit a reasonable number of questions prior to hearings. It will close at 5pm on Tuesday 21 May 2019. (3) The ELS will re-open when hearings commence on Tuesday 18 June 2019 for additional questions and close at 5pm on Friday 28 June 2019. (4) A Procedure Policy and timetable of hearings will be emailed to Members in due course. Yours sincerely Hon Alanna Clohesy MLC Chair CHRISTCHURCH TERRORIST ATTACK — CONDOLENCE BOOK Statement by President THE PRESIDENT (Hon Kate Doust) [10.02 am]: Members, I remind you that the condolence book for the Christchurch terrorist attack is in the entrance foyer. If you have not already signed it and you wish to do so, I encourage you to sign that book. I understand it will be collected early next week and presented to the High Commissioner of New Zealand in Australia when she visits the Parliament on Tuesday. ROYAL PERTH AND BENTLEY HOSPITALS — RAINBOW TICK ACCREDITATION Statement by Parliamentary Secretary HON ALANNA CLOHESY (East Metropolitan — Parliamentary Secretary) [10.03 am]: I am pleased to announce that the mental health inpatient services at Royal Perth and Bentley Hospitals, which are part of the East Metropolitan Health Service, have become the first public health services in Western Australia to achieve Rainbow Tick accreditation. Rainbow Tick accreditation requires achievement against a set of nationally agreed standards that indicate delivery of safe and inclusive services to lesbian, gay, bisexual, transgender and intersex people in the community. The six standards are organisational capacity, workforce development, consumer participation, a welcoming and accessible organisation, disclosure and documentation, and culturally safe and acceptable services. Since February 2016, the Royal Perth Bentley Group has been working towards achieving Rainbow Tick accreditation by improving practices to promote inclusivity of patients, carers and staff who identify as being LGBTI. To achieve the standards for the mental health inpatient services at the two hospitals, an extensive education program, and policy and practice review was delivered across the two sites to promote and inform staff of practices that promote LGBTI inclusivity. The services utilised staff who nominated to be rainbow champions, along with lived experience representatives and LGBTI community members to support staff during the accreditation process. This contributed to healthcare providers having a better understanding of the diverse and unique set of challenges faced by LGBTI consumers and staff. In September 2018, the Royal Perth Bentley Group underwent a formal assessment against the standards, specifically in mental health inpatient services. In March 2019, the Royal Perth Bentley Group became the first public health service to achieve the Rainbow Tick, which is a significant achievement for the service and indicates a considerable benefit to its consumers and staff. The East Metropolitan [COUNCIL — Thursday, 4 April 2019] 2013 Health Service board provided its support for the placement of a rainbow flag at the hospitals upon achievement of the Rainbow Tick. The rainbow flag demonstrates support and respect for the LGBTI community and any staff members identifying with this community. PAPER TABLED A paper was tabled and ordered to lie upon the table of the house. STANDING COMMITTEE ON ESTIMATES AND FINANCIAL OPERATIONS Seventy-seventh Report — “2017–18 Budget Cycle—Part 2: Annual Report Hearings” — Tabling HON ALANNA CLOHESY (East Metropolitan — Parliamentary Secretary) [10.06 am]: I am directed to present the seventy-seventh report of the Standing Committee on Estimates and Financial Operations titled “2017–18 Budget Cycle—Part 2: Annual Report Hearings”. [See paper 2560.] Hon ALANNA CLOHESY: The report I have just tabled advises the house that the Standing Committee on Estimates and Financial Operations conducted hearings with eight agencies about their 2017–18 annual reports in November 2018. The theme of the inquiry was key performance indicators. The committee asked 50 agencies questions about the frequency of their key performance indicator reviews, the frequency of their target reviews, when their KPIs were last reviewed and whether any new KPIs had been developed, given the machinery-of-government changes. Conceptually, the committee explored the meaningfulness of KPIs. Machinery-of-government changes to agencies’ financial, human resources and administrative systems were also explored. Another focus was the government trading enterprises’ statements of corporate intent. The committee, when reflecting on its internal processes for conducting the inquiry, noted that its themed approach was successful, particularly in highlighting a lack of focus on the part of two government trading enterprises with respect to their statement of corporate intent responsibility. The committee was satisfied with the conduct of its hearings, the level of attendance and member participation. Both government and non-government members asked a wide variety of questions and a significant number of subject matters were canvassed. Overall, 55 agencies were asked 469 questions. The committee extends its appreciation to those members who participated in the hearings and the assistance given by ministers and their agencies. The 2017–18 budget cycle is now complete and closed. JOINT STANDING COMMITTEE ON DELEGATED LEGISLATION Fifteenth Report — “Annual Report 2018” — Tabling HON ROBIN CHAPPLE (Mining and Pastoral) [10.08 am]: I am directed to present the fifteenth report of the Joint Standing Committee on Delegated Legislation titled “Annual Report 2018”. [See paper 2561.] Hon ROBIN CHAPPLE: The report that I have just tabled advises the house of the key activities of the Joint Standing Committee on Delegated Legislation for the 2018 calendar year. The committee scrutinises instruments made under statutory delegation and determines whether the instruments are beyond the scope of the delegated power or otherwise in breach of the committee’s terms of reference. The committee continues to scrutinise a large volume of delegated legislation. In 2018, 377 instruments, including 161 regulations and 121 local laws, were referred for scrutiny. The committee also tabled eight reports. In seven of those reports, the Parliament was asked to consider whether eight instruments should be disallowed, and all eight instruments were disallowed by this house. Motions for the disallowance of delegated legislation usually do not proceed in Parliament if satisfactory undertakings are given to the committee. The committee recommends disallowance only as a last resort. During 2018, the committee received nine departmental and 30 local government undertakings. The committee encountered one set of amendment regulations that abrogated a fundamental common law principle. Another set of amendment regulations was unreasonable and had unintended consequences. Satisfactory undertakings were received in both instances. Section 3.12(2A) of the Local Government Act 1995 excuses minor procedural errors in local lawmaking. That section has been operating for over two years, and the report discusses examples of occasions on which the committee has and has not applied the section. Five local laws breached their empowering acts due to procedural defects that could not be excused under section 3.12(2A). The committee also encountered a local government’s prescription of modified penalties in the absence of a general penalties clause; the complications that can arise when a local law simply adopts the text of another local law by reference; and a systemic issue in extractive industries local laws that gives local governments the power to enter onto private land. The committee trusts that the matters noted in this report will assist persons and bodies making delegated legislation to understand the committee’s processes and the issues identified in previous instruments. I commend the report to the house. 2014 [COUNCIL — Thursday, 4 April 2019] DISALLOWANCE MOTIONS Notice of Motion 1. Shire of Dowerin Local Government Property Local Law 2018. 2. City of Bunbury Cats Local Law 2018. 3. City of Bunbury Parking and Parking Facilities Local Law 2018. 4. City of Rockingham Bush Fire Control and Bush Fire Brigades Amendment Local Law 2018. 5. Town of Victoria Park Dog Local Law 2018. Notices of motion given by Hon Robin Chapple. POLITICAL DONATIONS Notice of Motion Hon Alison Xamon gave