375 Votes and Proceedings
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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 Adam Marshall, 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 Sonia Hornery) 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 Edmond Atalla). 10 QUESTION TIME (1) Following a request from Ms Wendy Lindsay 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 Peter Sidgreaves pursuant to standing order 131 (3), the Treasurer provided additional information. (4) Following a request from Mrs Wendy Tuckerman pursuant to standing order 131 (3), the Minister for Water, Property and Housing provided additional information. (5) Following a request from Mr Dugald Saunders pursuant to standing order 131 (3), the Minister for Counter Terrorism and Corrections provided additional information. Disorder: By direction of the Speaker, Ms Sophie Cotsis 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 Andrew Constance 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.