1697

LEGISLATIVE ASSEMBLY

2015-16-17-18

FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT

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VOTES AND PROCEEDINGS

No. 172

TUESDAY 15 MAY 2018

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1 MEETING OF THE HOUSE

The House met at 12.00 noon pursuant to adjournment. In the absence of the Speaker at the commencement of the sitting, the Deputy 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 PRIVATE MEMBERS’ STATEMENTS ______

It being after 1.15 pm, community recognition statements proceeded with. ______

4 COMMUNITY RECOGNITION STATEMENTS ______

The Temporary Speaker (Ms ) left the Chair at 1.46 pm.

The Deputy Speaker resumed the Chair at 2.15 pm. ______

5 DEPUTY SPEAKER’S STATEMENT—CENTENARY OF THE FIRST WORLD WAR

The Deputy Speaker made a statement in relation to the Centenary of the First World War, the battle in and around the town of Ville-sur-Ancre, and the actions of Sergeant William Ruthven. 1698 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 15 May 2018

6 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE LIEUTENANT-GOVERNOR

The Deputy Speaker reported the following message from His Excellency the Lieutenant-Governor:

T F BATHURST Government House Lieutenant-Governor Sydney, 5 May 2018

The Honourable Thomas Frederick Bathurst AC, Lieutenant-Governor of the State of New South Wales, has the honour to inform the Legislative Assembly that, consequent on the Governor of New South Wales, His Excellency General The Honourable David Hurley AC DSC (Ret’d), being absent from the State, he has assumed the administration of the Government of the State.

7 RE-ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE GOVERNOR

The Deputy Speaker reported the following message from His Excellency the Governor:

DAVID HURLEY Government House Governor Sydney, 7 May 2018

General David Hurley AC DSC (Ret’d), Governor of New South Wales has the honour to inform the Legislative Assembly that he has re-assumed the administration of the Government of the State.

8 MESSAGES FROM THE GOVERNOR

The Deputy Speaker reported messages from His Excellency the Governor assenting to the following bills:

9 May 2018

Act No. 15 Road Transport Legislation Amendment (Road Safety) Bill Act No. 16 Farm Debt Mediation Amendment Bill.

9 NOTICES OF MOTIONS

10 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

Dr —Industrial Relations Commission Relocation. Mr —Demountable Classrooms.

11 QUESTION TIME ______

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

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

(3) Following a request from Mrs Leslie Williams pursuant to standing order 131 (3), the Minister for the Environment, Minister for Local Government, and Minister for Heritage provided additional information.

(4) Following a request from Mr pursuant to standing order 131 (3), the Treasurer, and Minister for Industrial Relations provided additional information. 1699 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 15 May 2018

(5) Following a request from Mr pursuant to standing order 131 (3), the Minister for Education provided additional information. ______

12 PAPERS

(1) Mr tabled the report by the Attorney General pursuant to section 42 of the Workplace Surveillance Act 2005 for 2017.

(2) Mr tabled the New South Wales State of Biosecurity Report 2017.

13 CORONERS ACT

The Clerk, in accordance with section 37 of the Coroners Act 2009, announced receipt of the report by the NSW State Coroner into deaths in custody/police operations for 2017 (received 9 May 2018).

14 LEGISLATION REVIEW COMMITTEE

Mr James Griffin, Chair, tabled the report of the Legislation Review Committee entitled “Legislation Review Digest No. 54/56”, dated 15 May 2018.

Ordered to be printed.

Mr James Griffin also tabled the minutes of the committee meeting regarding Legislation Review Digest No. 53/56.

15 STATUTORY RULES AND INSTRUMENTS

The Clerk tabled notices of the making of the following statutory rules and instruments published on the Legislation Website (LW) or in the Government Gazette (GG):

(1) For the week beginning 30 April 2018

Fisheries Management Act 1994—Fisheries Management Legislation Amendment (Spanner Crab) Regulation 2018 (2018-184) (LW 4 May 2018).

Motor Accident Injuries Act 2017—Motor Accident Guidelines (2018-183) (LW 4 May 2018).

(2) For the week beginning 7 May 2018

Civil Procedure Act 2005—

(a) Practice Note SC CL 1 [GG 2018-50] (GG No. 50 of 11 May 2018, n2018-1611).

(b) Practice Note SC CL 5 [GG2018-50] (GG No. 50 of 11 May 2018, n2018-1612).

(c) Uniform Civil Procedure (Amendment No. 85) Rule 2018 (2018-193) (LW 11 May 2018).

(d) Uniform Civil Procedure (Amendment No. 86) Rule 2018 (2018-194) (LW 11 May 2018).

Local Government Act 1993—Local Government (General) Amendment (Regional Joint Organisations) Regulation 2018 (2018-191) (LW 11 May 2018).

16 PETITIONS

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

1700 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 15 May 2018

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

Mr Alex Greenwich—from certain citizens requesting the Government ban the permanent conversion of homes into short-term holiday lets and introduce a registration system so appropriate controls can be enforced.

Ms Jo Haylen—from certain citizens requesting investment in public transport and to keep inner west bus services in public hands.

Ms Jo Haylen—from certain citizens requesting the Legislative Assembly call on the Government to address discriminatory clauses in the Anti-Discrimination Act that unfairly penalise gay, lesbian and transgender citizens.

Ms Jo Haylen—from certain citizens requesting the Legislative Assembly call on the Government to adopt Commonwealth guidelines that remove discrimination against New South Wales residents of diverse sexuality or gender.

Mr Alex Greenwich—from certain citizens opposing the sale of public housing in Millers Point, Dawes Point and The Rocks.

Ms Jo Haylen—from certain citizens opposing the proposal to close McNeilly Park during the construction of the Sydney Metro Project.

Mr Alex Greenwich—from certain citizens requesting the Government upgrade rather than rebuild the Sydney Football Stadium and direct the savings into health, education and community sports facilities.

(2) The Clerk also announced receipt of the following ministerial responses to petitions signed by 500 or more persons:

The Hon. —lodged 11 April 2018—Requesting the Legislative Assembly ensure residential developments in Bundanoon do not damage the environment and existing indigenous ecologies are protected—(Ms Pru Goward).

The Hon. —lodged 11 April 2018—Requesting the Government implement an independent environmental impact assessment of the Glebe Island multi-use facility and enforce conditions on maritime and freight operations to protect the amenity of adjacent residential areas—(Mr Alex Greenwich).

17 PLACING OR DISPOSAL OF BUSINESS—LAPSING OF GENERAL BUSINESS

The Deputy Speaker advised the House that in accordance with standing order 105 (3), general business order of the day (for bills) no. 1 (Privacy and Personal Information Protection Amendment (Notification of Serious Violations of Privacy by Public Sector Agencies) Bill) and no. 2 (Civil Liability Amendment (Institutional Child Abuse) Bill), and general business notices of motions (general notices) no. 2578 and nos 2580 to 2598, had lapsed.

18 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

(1) Dr Geoff Lee made a statement in support of his notice being accorded priority over the other business of the House.

(2) Mr Jihad Dib also made a statement in support of his notice being accorded priority—

That this House:

(1) Condemns the Government for allowing 4,182 demountables, over 20 years old, to be permanent classrooms for more than 100,000 public school students. 1701 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 15 May 2018

(2) Expresses its concern at the Government wasting $870,000 moving demountables around the State during the summer holidays.

(3) Calls on the Government to put schools before stadiums.

Question—That the motion of the member for Parramatta be accorded priority—put.

The House divided.

AYES 49

Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Mr Brookes, Mr Conolly, Mr Constance, Ms Cooke, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Elliott, Mr A.W. Evans, Mr L.J. Evans, Ms Gibbons, Ms Goward, Mr Grant, Mr Griffin, Mr Gulaptis, Mr Hazzard, Mr Henskens, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams, Mrs Williams and Ms Wilson.

Tellers: Mr Bromhead and Mr Patterson.

NOES 37

Ms Aitchison, Mr Atalla, Mr Bali, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Mr Donato, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr Scully, Ms T.F. Smith, Mr Warren, Ms Washington and Mr Zangari.

Tellers: Ms Tesch and Ms Watson. In the Chair: Mr Fraser.

Pairs: Ms Berejiklian—Ms Cotsis; Mr George—Ms Haylen and Mrs Hancock—Mr Lalich.

Question passed.

19 MOTION ACCORDED PRIORITY—INDUSTRIAL RELATIONS COMMISSION RELOCATION

Dr Geoff Lee moved, pursuant to notice, That this House supports the relocation of the Industrial Relations Commission to Western Sydney.

Upon which Mr moved, That the motion be amended by adding “and supports the retention of the former the seat of Colonial Government, the Chief Secretary’s Building, by reason of its historic, social, architectural, aesthetic and scientific value, in public ownership”.

Question proposed—That the words proposed to be added be so added.

Debate continued.

Question put.

The House divided.

AYES 35

Ms Aitchison, Mr Atalla, Mr Bali, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Mr Donato, Ms Doyle, Ms Finn, Mr Greenwich, Mr Harris, Ms Harrison, Mr Hoenig, Ms Hornery, Mr Kamper, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr 1702 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 15 May 2018

Park, Mr Parker, Mr Piper, Mr Scully, Ms T.F. Smith, Mr Warren, Ms Washington and Mr Zangari.

Tellers: Ms Tesch and Ms Watson.

NOES 49

Mr Anderson, Mr Aplin, Mr Ayres, Mr Brookes, Mr Conolly, Mr Constance, Ms Cooke, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Elliott, Mr A.W. Evans, Mr L.J. Evans, Mr George, Ms Gibbons, Ms Goward, Mr Grant, Mr Griffin, Mr Gulaptis, Mr Hazzard, Mr Henskens, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams, Mrs Williams and Ms Wilson.

Tellers: Mr Bromhead and Mr Patterson. In the Chair: Mr Fraser.

Pairs: Mr Foley—Mr Barilaro and Ms Haylen—Ms Berejiklian.

Question negatived.

Question—That the original motion be agreed to—put and passed.

20 NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE (COMMONWEALTH POWERS) BILL

The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Mark Speakman, That this bill be now read a second time.

Question again proposed and debate resumed.

Mr , Ms , Ms and Ms obtained extensions of time.

Debate continued.

Question put and passed.

Bill read a second time.

Mr Mark Speakman moved, That this bill be now read a third time.

Question put and passed.

Bill read a third time.

21 PRIVATE MEMBERS’ STATEMENTS

22 ADJOURNMENT

The House adjourned, pursuant to standing and sessional orders, at 8.10 pm, until tomorrow, at 10.00 am.

1703 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 15 May 2018

Attendance: All members present except Ms , Mrs , Ms Jo Haylen and Mr .

HELEN MINNICAN SHELLEY HANCOCK Clerk of the Legislative Assembly Speaker ______

Authorised by the Parliament of New South Wales