375

LEGISLATIVE ASSEMBLY

2019

FIRST SESSION OF THE FIFTY-SEVENTH PARLIAMENT

VOTES AND PROCEEDINGS

No. 29

WEDNESDAY 16 OCTOBER 2019

1 MEETING OF THE HOUSE

The House met at 9.30 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 ADDRESS IN REPLY TO THE GOVERNOR'S OPENING SPEECH

The House proceeded to Government House to present to the Governor its Address in Reply to the Speech which Her Excellency had made to both Houses of the Parliament on the occasion of the opening of the session.

The Speaker left the Chair at 9.46 am.

The Speaker resumed the Chair at 11.32 am.

The Speaker reported that the Assembly had presented to the Governor their Address in Reply to the Governor's Opening Speech, and that Her Excellency had been pleased to give the following answer:

Government House Sydney, 16 October 2019 The Honourable the Speaker and Honourable Members of the Legislative Assembly of New South Wales

Thank you for your Address In Reply following the Opening of the 57th Session of the New South Wales Parliament on 7 May 2019. 376 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 October 2019

I affirm my commitment to maintaining the strong links of the Office of Governor and the Parliament throughout the term of my Commission, and assure you of my utmost consideration of all matters which you may bring forward.

MARGARET BEAZLEY Governor

4 RIGHT TO FARM 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 Adam Marshall speaking in reply—

It being 12.45 pm, debate interrupted for orders of the day (committee reports).

Ordered, That the resumption of the debate stand an order of the day for a later hour.

5 REPORT OF THE JOINT SELECT COMMITTEE ON SYDNEY'S NIGHT TIME ECONOMY ENTITLED 'SYDNEY'S NIGHT TIME ECONOMY', DATED SEPTEMBER 2019

Question proposed—That the House take note of the report.

In accordance with standing order 306 (6), debate postponed.

6 REPORT OF THE LEGISLATION REVIEW COMMITTEE ENTITLED 'LEGISLATION REVIEW DIGEST NO. 6/57', DATED 15 OCTOBER 2019

Question proposed—That the House take note of the report.

Debate ensued.

Question put and passed.

The Temporary Speaker (Ms ) left the Chair at 12.55 pm.

The Speaker resumed the Chair at 2.15 pm.

7 MESSAGES FROM THE LEGISLATIVE COUNCIL

(1) The Speaker reported a message from the Legislative Council dated 16 October 2019, returning the Racing Legislation Amendment Bill 2019, without amendment.

(2) The Speaker also reported the following message from the Legislative Council:

Mr SPEAKER 377 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 October 2019

The Legislative Council has this day agreed to the 'Transport Administration Amendment (RMS Dissolution) Bill 2019' with the amendments indicated by the accompanying schedule, in which amendments the Council requests the concurrence of the Legislative Assembly.

Legislative Council JOHN AJAKA 15 October 2019 President

TRANSPORT ADMINISTRATION AMENDMENT (RMS DISSOLUTION) BILL 2019

Schedule of the amendments referred to in the message of 15 October 2019 .

DAVID BLUNT Clerk of the Parliaments No 1 GRNS No. 1 [c2019-070A] Page 6, Schedule 1[35]. Insert after line 34—

No forced redundancies for RMS or TfNSW staff

A person who, immediately before the dissolution of Roads and Maritime Services, was a member of staff of Roads and Maritime Services or Transport for NSW must not be removed from the Transport Service (other than on disciplinary or incapacity grounds or as part of a voluntary redundancy) within the period of 4 years commencing on the date of that dissolution.

No 2 GRNS No. 2 [c2019-070A as amended] Page 6, Schedule 1[35]. Insert after line 34—

No privatisation or outsourcing of RMS or TfNSW work For the period of 4 years commencing on the date of the dissolution of Roads and Maritime Services— (a) any function or work that, immediately before that dissolution, was exercised or carried out by Roads and Maritime Services or Transport for NSW must not be privatised or outsourced to a non-government sector entity, and (b) any existing contract or arrangement for the carrying out of road and construction maintenance work on behalf of Roads and Maritime Services or Transport for NSW in the Sydney metropolitan area (within the meaning of the Regional Development Act 2004) by a non- government sector entity must not be extended in scope.

No 3 GRNS No. 3 [c2019-070A as amended] Page 6, Schedule 1[35]. Insert after line 34—

Minimum number of TfNSW regional employees

(1) For the period of 4 years commencing on the date of the dissolution of Roads and Maritime Services, the number of full time equivalent employees of Transport for NSW in regional NSW must not be reduced below the sum of the number of Roads and Maritime Services and Transport for NSW full time equivalent employees in regional NSW immediately before that dissolution. 378 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 October 2019

(2) In this clause, regional NSW means that part of New South Wales that is not within the following areas – (a) the Sydney metropolitan area within the meaning of Regional Development Act 2004, (b) the local government area of the City of the Blue Mountains.

No 4 GRNS No. 4 [c2019-070A as amended] Page 6, Schedule 1[35]. Insert after line 34—

RMS awards not to be merged into Transport Service awards

(1) The Transport Secretary must ensure, for the period of 4 years commencing on the date of the dissolution of Roads and Maritime Services, that the existing RMS awards are maintained as separate awards and are not combined with any other award applying to employees in the Transport Service. (2) In this clause, existing RMS awards means the following— (a) the Roads and Maritime Services Consolidated Salaried Award 2019, (b) the Roads and Maritime Services School Crossing Supervisors Award 2019, (c) the Roads and Maritime Services (Traffic Signals Staff) Award 2019, (d) the Roads and Maritime Services (Wages Staff) Award 2019.

No 5 OPP No. 5 [c2019-055C]

Page 6, Schedule 1[35]. Insert after line 34—

Certain industrial disputes regarding dissolution of RMS may be resolved by Industrial Relations Commission

(1) If a person who, immediately before the dissolution of Roads and Maritime Services, was a member of staff of Roads and Maritime Services is of the opinion that the person has, or a group of similar persons have, been materially disadvantaged by that dissolution or actions directly consequent on that dissolution, the person, or an industrial organisation acting on behalf of the person or group, may apply to the Industrial Relations Commission to have the matter determined by conciliation and, if necessary, arbitration. (2) The Industrial Relations Commission may conduct that dispute resolution process in a manner that the Commission considers appropriate. (3) The Industrial Relations Commission may make orders in relation to the matter that the Commission considers are fair and reasonable in the circumstances. (4) In this section: industrial organisation means: (a) an industrial organisation of employees within the meaning of the Industrial Relations Act 1996, or (b) an association of employees registered as an organisation under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth.

Examined TREVOR KHAN Chair of Committees

379 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 October 2019

Ordered by the Speaker, That the amendments made by the Legislative Council in the bill be taken into consideration at a later time.

8 NOTICES OF MOTIONS

9 NOTICE OF PUBLIC INTEREST DEBATE

The Speaker announced receipt of a notice of a public interest debate regarding Blacktown and Mount Druitt Hospital Elective Surgery (Mr ).

10 QUESTION TIME

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

(2) Following a request from Mrs Leslie Williams 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 pursuant to standing order 131 (3), the Treasurer provided additional information.

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

(5) Following a request from Mr pursuant to standing order 131 (3), the Minister for Counter Terrorism and Corrections provided additional information.

Disorder: By direction of the Speaker, Ms was removed from the Chamber by the Deputy Serjeant-at-Arms.

Disorder: At 3.08 pm, the Speaker directed Ms Jodi McKay to leave the Chamber for 1 hour.

11 SUSPENSION OF STANDING AND SESSIONAL ORDERS—ROUTINE OF BUSINESS

Mr moved, That standing and sessional orders be suspended at this sitting to provide for the postponement of the Public Interest Debate until after the condolence motion and the conclusion of Government Business.

Question put and passed.

12 PETITIONS

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

Mr Alex Greenwich—from certain citizens asking the Minister for Planning to reject the proposed tower at the Star Casino site.

Mr Alex Greenwich—from certain citizens requesting increased funding for low cost housing and homelessness services.

Mr Alex Greenwich—from certain citizens requesting new inner city ferries. 380 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 October 2019

Mr Alex Greenwich—from certain citizens opposing the sale of animals in pet shops.

Mr Alex Greenwich—from certain citizens requesting that farmed duck operators allow for easily accessible swimming water.

Mr Alex Greenwich—from certain citizens requesting that museum services be expanded around New South Wales and the Powerhouse Museum remain in Ultimo.

Mr Alex Greenwich—from certain citizens requesting that companion animals be allowed to travel on all public transport.

Mr Alex Greenwich—from certain citizens requesting the Government give owners corporations the authority to control short-term letting in their building, including to place limits beyond state controls or to ban the practice outright,

13 DEATH OF TIMOTHY ANTHONY FISCHER AC, A FORMER MEMBER OF THE LEGISLATIVE ASSEMBLY AND FORMER DEPUTY PRIME MINISTER

Mr 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 22 August 2019, of the Honourable Timothy Anthony Fischer AC, a former Member of the Legislative Assembly and former Deputy Prime Minister.

The motion was seconded by Ms Jodi McKay and supported by Ms , Ms , Mr Andrew Constance, Mr , Mr , Mr , Mr Jonathan O'Dea, Ms , Mr , Mr , Mr Michael Johnsen, Mrs , Dr Joe McGirr, Mr and Mr Kevin Anderson.

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

14 MUSIC FESTIVALS BILL 2019

Mr moved, pursuant to notice, That a bill be now introduced for an Act to promote a safer environment at music festivals by requiring organisers of high-risk festivals to comply with approved safety management plans; and for related 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 (Mr Paul Scully) and the resumption of the debate made an order of the day for a future day.

15 WATER SUPPLY (CRITICAL NEEDS) BILL 2019

Mrs Melinda Pavey moved, pursuant to notice, That a bill be now introduced for an Act to facilitate the delivery of emergency water supplies to certain towns and localities; to declare certain development relating to dams to be critical State significant infrastructure; and for related purposes.

Question put and passed.

Bill introduced and read a first time.

Mrs Melinda Pavey moved, That this bill be now read a second time. 381 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 October 2019

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

16 RIGHT TO FARM BILL 2019

The order of the day was read for the resumption of the interrupted debate, on the motion of Mr Adam Marshall, That this bill be now read a second time.

Question again proposed and debate resumed.

Question put and passed.

Bill read a second time.

Mr Adam Marshall and Ms having requested the bill be considered in detail—

The Deputy Speaker, by leave, proposed the bill in one group of clauses and schedules.

Clauses 1 to 6 and Schedules 1 to 2

Question proposed—That the clauses and schedules be agreed to.

Ms Jenny Aitchison moved:

No 1 Review of Act

Page 3. Insert after line 5—

7 Review of Act

(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

(2) The review is to be undertaken as soon as possible after the period of 2 years from the commencement of this Act.

(3) A report on the outcome of the review is to be tabled in each House of Parliament by 30 June 2022.

Question proposed—That the amendment be agreed to.

Debate ensued.

Question put.

The House divided.

Ayes ...... 35 Noes ...... 48 Majority ...... 13 AYES Aitchison, J Atalla, E Bali, S Barr, C Car, P Catley, Y 382 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 October 2019

AYES Chanthivong, A Crakanthorp, T Dib, J 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) Minns, C O'Neill, M Park, R Parker, J Piper, G Saffin, J Scully, P Smith, T Tesch, L Voltz, L Warren, G 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 McGirr, 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 Tuckerman, W Ward, G Williams, R Wilson, F

PAIRS Daley, M Toole, P Doyle, T Upton, G Mihailuk, T O'Dea, J

In the Chair: Mrs Leslie Williams.

Question negatived—amendment not agreed to.

Question proposed—That the clauses and schedules be agreed to.

Ms Jenny Aitchison moved:

No 1 Removal of amendments to Inclosed Lands Protection Act 1901

Pages 5 and 6, Schedule 2, line 1 on page 5 to line 12 on page 6. Omit all words on those lines.

Question proposed—That the amendment be agreed to.

Debate ensued.

Question put.

The House divided.

383 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 October 2019

Ayes ...... 34 Noes ...... 48 Majority ...... 14 AYES Aitchison, J Atalla, E Bali, S Barr, C Car, P Catley, Y Chanthivong, A Crakanthorp, T Dib, J 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) Minns, C O'Neill, M Park, R Parker, J Saffin, J Scully, P Smith, T Tesch, L Voltz, L Warren, G Washington, K Watson, A (teller) Zangari, G

NOES 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 Evans, L Gibbons, M Griffin, J Gulaptis, C Hancock, S Hazzard, B Henskens, A Johnsen, M Kean, M Lee, G Lindsay, W Marshall, A McGirr, J 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 Tuckerman, W Upton, G Ward, G Williams, R Wilson, F

PAIRS Daley, M Toole, P Doyle, T Anderson, K Mihailuk, T Elliott, D

In the Chair: Mrs Leslie Williams.

Question negatived—amendment not agreed to.

Question proposed—That the clauses and schedules be agreed to.

Mr Adam Marshall moved, by leave together:

No 1 Meaning of agricultural land

Page 5, Schedule 2. Insert after line 2—

[1] Section 3 Definitions 384 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 October 2019

Insert in alphabetical order in section 3(1)—

agricultural land means inclosed lands on which any of the following businesses or undertakings are carried on— (a) a farm, being any business or undertaking for agricultural purposes (including an orchard, market garden, mushroom farm, vineyard, plant nursery or turf farm), (b) any other business or undertaking in which cattle, poultry, pigs, goats, horses, sheep or other livestock are kept or bred for commercial purposes (for example, a dairy, saleyard or feedlot), (c) a business or undertaking for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals, including abattoirs, knackeries, tanneries, woolscours and rendering plants, (d) a business or undertaking for forestry (including timber mills) or aquaculture.

No 2 Hindering conduct of business or undertaking

Page 5, Schedule 2[1] and [2], lines 3–6. Omit all words on those lines.

No 3 Offences on agricultural land

Page 5, Schedule 2[3], proposed section 4B(1)(h), line 10. Insert 'on agricultural land' after 'property'.

No 4 Offences on agricultural land

Page 5, Schedule 2[4], lines 15–20. Omit all words on those lines. Insert instead—

(a) for an offence that occurs on agricultural land— (i) 120 penalty units or imprisonment for 12 months, or both, or (ii) 200 penalty units or imprisonment for 3 years, or both if— (A) the offender was accompanied by 2 or more persons when the offence occurred, or (B) the aggravating circumstances were those set out in subsection (1)(b), or (b) for an offence that occurs on land other than agricultural land—50 penalty units.

No. 5 Offences on agricultural land

Page 5, Schedule 2[5], proposed section 4C, line 24. Insert ', on agricultural land,' after 'commission'.

Question proposed— That the amendments be agreed to.

Debate ensued.

Question put and passed—amendments agreed to.

Question—That the clauses and schedules, as amended, be agreed to—put and passed.

Mr Adam Marshall moved, That this bill be now read a third time.

Question put. 385 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 October 2019

The House divided.

Ayes ...... 47 Noes ...... 34 Majority ...... 13 AYES Anderson, K Ayres, S Barilaro, J Bromhead, S Butler, R Clancy, J Conolly, K Constance, A Cooke, S (teller) 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 McGirr, J O'Dea, J Pavey, M Perrottet, D Petinos, E Piper, G Preston, R Roberts, A Saunders, D Sidgreaves, P Sidoti, J Smith, N Speakman, M Stokes, R Taylor, M Toole, P Tuckerman, W Upton, G Williams, R Wilson, F

NOES Aitchison, J Atalla, E Bali, S Barr, C Car, P Catley, Y Chanthivong, A Crakanthorp, T Dib, J 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) Minns, C O'Neill, M Park, R Parker, J Saffin, J Scully, P Smith, T Tesch, L Voltz, L Warren, G Washington, K Watson, A (teller) Zangari, G

PAIRS Berejiklian, G Doyle, T Coure, M Daley, M Provest, G Mihailuk, T Singh, G Cotsis, S

In the Chair: Mrs Leslie Williams.

Question passed.

Bill read a third time.

17 PUBLIC INTEREST DEBATE—BLACKTOWN AND MOUNT DRUITT HOSPITAL ELECTIVE SURGERIES

Mr Edmond Atalla moved, pursuant to notice, That this House: 386 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 October 2019

(1) Notes a senior general surgeon servicing Western Sydney hospitals has written to the Premier and Minister for Health regarding a reduction in front line clinical services in Western Sydney.

(2) Acknowledges in the surgeon's letter, his view that the direction to reduce elective surgeries at Blacktown and Mt Druitt hospitals represents a consistent abuse of a disadvantaged community.

(3) Notes the latest Bureau of Health Information report reveals that there are nearly 7,000 patients across the Western Sydney Local Health District waiting for elective surgeries.

(4) Calls on the Government to immediately guarantee funding to these hospitals to ensure patients have timely access to medical care.

Upon which Mr moved, That the motion be amended by leaving out all words after 'That', with a view to inserting:

'this House:

(1) Notes that the Western Sydney Local Health District has received the second largest increase in recurrent funding across the State this financial year, increasing the budget by over $88 million to more than $1.8 billion.

(2) Acknowledges the consistent work of the Local Health District and the NSW Ministry of Health in providing high quality care to all in the Blacktown and Mt Druitt communities.

(3) Congratulates the Government on its unprecedented investment in healthcare across New South Wales, including the commitment for an additional 8,300 frontline health staff and over $10 billion for infrastructure over the next four years.'

Question proposed—That the amendment be agreed to.

Debate continued.

Question put.

The House divided.

Ayes ...... 45 Noes ...... 35 Majority ...... 10 AYES Ayres, S Barilaro, J Bromhead, S Clancy, J Conolly, K Constance, A Cooke, S (teller) 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 McGirr, J 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 Taylor, M Toole, P Tuckerman, W Upton, G Ward, G Williams, L Williams, R Wilson, F 387 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 October 2019

NOES Aitchison, J Atalla, E Bali, S Barr, C Car, P Catley, Y Chanthivong, A Crakanthorp, T Dalton, H Dib, J 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) Minns, C O'Neill, M Park, R Parker, J Piper, G Saffin, J Scully, P Tesch, L Voltz, L Warren, G Washington, K Watson, A (teller) Zangari, G

PAIRS Anderson, K Mihailuk, T Berejiklian, G Doyle, T Stokes, R Daley, M

In the Chair: Mr .

Question passed.

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

18 PRIVATE MEMBERS' STATEMENTS

19 COMMUNITY RECOGNITION STATEMENTS

20 ADJOURNMENT

The House adjourned, pursuant to standing and sessional orders, at 10.17 pm, until tomorrow at 9.30 am.

Attendance: All members present except Mr , Ms , Mr Alex Greenwich and Ms .

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

Authorised by the Parliament of New South Wales