1165 PROOF

LEGISLATIVE ASSEMBLY

2019-20-21

FIRST SESSION OF THE FIFTY-SEVENTH PARLIAMENT

VOTES AND PROCEEDINGS

No. 96

TUESDAY 11 MAY 2021

1 MEETING OF THE HOUSE

The House met at 12.00 noon pursuant to adjournment. The Speaker took the Chair, read the prayer and acknowledged the traditional owners, thanking them for their custodianship of country.

2 MESSAGE FROM THE LEGISLATIVE COUNCIL

The Speaker reported a message from the Legislative Council dated 6 May 2021, returning the Heavy Vehicle Legislation Amendment (National Regulator) Bill 2021, without amendment.

3 NOTICES OF MOTIONS

4 PAYROLL TAX AMENDMENT (JOBS PLUS) BILL 2021

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.

Ms speaking—

It being 1.15 pm, debate interrupted.

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

The Temporary Speaker (Mr ) left the Chair at 1.15 pm. 1166 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 11 May 2021

The Speaker resumed the Chair at 2.15 pm.

5 SPEAKER'S STATEMENT—PROCEEDINGS DURING QUESTION TIME ON THURSDAY 6 MAY 2021

The Speaker made a statement in relation to proceedings during Question Time on Thursday 6 May 2021 and comments made to the media critical of the Speaker by the Leader of the Opposition.

6 PERSONAL EXPLANATION

Ms Jodi McKay, by leave, made a personal explanation in relation to the Speaker's Statement.

7 MINISTERIAL ARRANGEMENT

Mr , on behalf of Ms , informed the House that the Premier would answer questions this week in the absence of the Treasurer.

8 NOTICES OF MOTIONS

9 NOTICE OF PUBLIC INTEREST DEBATE

The Speaker announced receipt of a notice of a public interest debate regarding Building for a Post COVID Economy (Ms Robyn Preston).

10 QUESTION TIME

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

(2) Following a request from Ms pursuant to standing order 131 (3), the Minister for Jobs, Investment, Tourism and Western Sydney provided additional information.

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

(4) Following a request from Dr Joe McGirr pursuant to standing order 131 (3), the Minister for Police and Emergency Services provided additional information.

(5) Following a request from Ms pursuant to standing order 131 (3), the Minister for Local Government provided additional information.

11 ADVOCATE FOR CHILDREN AND YOUNG PEOPLE

The Speaker, in accordance with section 35 of the Advocate for Children and Young People Act 2014, announced receipt of the report of the Advocate for Children and Young People entitled 'Review of the NSW Strategic Plan for Children and Young People 2016 - 2019' (received 7 May 2021).

Ordered to be printed. 1167 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 11 May 2021

12 INDEPENDENT COMMISSION AGAINST CORRUPTION

The Speaker, in accordance with section 78 of the Independent Commission Against Corruption Act 1988, announced receipt of the report of the Independent Commission Against Corruption entitled 'Investigation into the conduct of a Service NSW officer', dated May 2021 (received 11 May 2021).

Ordered to be printed.

13 SMOKE-FREE ENVIRONMENT ACT

The Clerk announced receipt of the report on the 2020 Review of the Exemption for Private Gaming Rooms under the Smoke-free Environment Act 2000 (received 7 May 2021).

14 LEGISLATION REVIEW COMMITTEE

Ms , Chair, tabled the report of the Legislation Review Committee entitled 'Legislation Review Digest No. 30/57', dated 11 May 2021.

Ordered to be printed.

Ms Felicity Wilson also tabled the minutes of the committee meeting regarding Legislation Review Digest No. 29/57.

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):

For the week beginning 3 May 2021 –

Civil Procedure Act 2005—Uniform Civil Procedure (Amendment No 95) Rule 2021 (2021-212) (LW 7 May 2021).

Coal Mine Subsidence Compensation Act 2017—Coal Mine Subsidence Compensation Amendment (Contributions) Regulation 2021 (2021-210) (LW 7 May 2021).

Coroners Act 2009—Coroners Regulation 2021 (2021-211) (LW 7 May 2021).

State Debt Recovery Act 2018—

(a) Referable Debt Order (2021-213) (LW 7 May 2021).

(b) Referable Debt Order (2021-214) (LW 7 May 2021).

Supreme Court Act 2018—

(a) Notification of Practice Note SC CL 2 (n2021-0913) (GG No 192 of 7 May 2021).

(b) Notification of Practice Note No. SC CCA 1 (n2021-0914) (GG No 192 of 7 May 2021).

16 PETITIONS

The Clerk announced that the following member had lodged an electronic petition for presentation signed by 500 or more persons: 1168 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 11 May 2021

Ms Melanie Gibbons—from certain citizens requesting the Legislative Assembly direct the Department of Health to relocate the drive-thru COVID-19 Testing Clinic at the Ash Road Sporting Complex, Prestons, so the Liverpool City Robins FC can use the complex as their home ground.

17 PLACING OR DISPOSAL OF BUSINESS—LAPSING OF GENERAL BUSINESS

The Speaker advised the House that in accordance with standing order 105, general business orders of the day (general order) no 1 (Shoalhaven Anglican School Site), and general business notices of motions (general notices) nos 1893 to 1901 and 1903 to 1951, had lapsed.

18 PERSONAL EXPLANATION

Mr , by leave, made a personal explanation in relation to comments made by the Minister for Police and Emergency Services during Question Time.

19 PAYROLL TAX AMENDMENT (JOBS PLUS) BILL 2021

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

Question again proposed and debate resumed.

Mr obtained an extension of time.

Debate continued.

Question put and passed.

Bill read a second time.

Mr having requested the bill be considered in detail—

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

Clauses 1 to 2 and Schedule 1

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

Mr Ryan Park moved, by leave together:

No 1 Jobs Plus agreements

Page 3, Schedule 1[2], proposed section 66F(2)(b), line 16. Omit 'section.'. Insert instead—

section, and

(c) for an agreement with an employer whose registered business address is outside the metropolitan area—that the exemption cannot be revoked merely because the employer has only created between 20 and 29 new jobs (inclusive).

No 2 Reports

Page 4, Schedule 1[2]. Insert after line 12— 1169 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 11 May 2021

(10A) The relevant Minister must, until 1 July 2028, cause to be tabled in each House of Parliament an annual report containing the following for each financial year—

(a) the total number of employers who entered into Jobs Plus agreements, (b) the total number of new jobs the employers agreed to create, as specified by the agreements, (c) the total number of new jobs in fact created by the employers, (d) the total amount of payroll tax from which the employers were exempt under this section.

No 3 Jobs Plus agreements and reports

Page 4, Schedule 1[2], proposed section 66F(11). Insert after line 21—

metropolitan area means— (a) the Greater Sydney Region within the meaning of the Greater Sydney Commission Act 2015, and (b) the local government areas of Newcastle, Shellharbour and Wollongong. new job, in relation to an employer who enters into a Jobs Plus agreement, means a position created by the employer after entering into the agreement.

Question proposed—That the amendments be agreed to.

Debate ensued.

Question put and passed—amendments agreed to.

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

Mr , on behalf of Mr Dominic Perrottet, moved, That this bill be now read a third time.

Question put and passed.

Bill read a third time.

20 STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL 2021

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.

Following a point of order, the Deputy Speaker ruled the following amendment lodged by Mr out of order—

No 1 Technical and Further Education Commission Act 1990

Page 27, Schedule 1. Insert after line 47—

1.42A Technical and Further Education Commission Act 1990 No 118

Section 23 Powers of the TAFE Commission relating to property

Omit 'not, except with the approval of the Minister, alienate, mortgage, charge or demise any of its land.' from section 23(2). 1170 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 11 May 2021

Insert instead—

not alienate, mortgage, charge or demise any of its land— (a) except with the approval of the Minister, and (b) if the land is used for the provision of technical and further education services, or if the land has been used for the provision of technical and further education services for any period in the previous 5 years— unless authorised by an Act of Parliament.

Debate continued.

Question put and passed.

Bill read a second time.

Mr Mark Speakman having requested the bill be considered in detail—

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

Clauses 1 to 3 and Schedules 1 to 5

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

Mr Mark Speakman moved, by leave together:

No 1 Hairdressers Act 2003

Page 6, Schedule 1.9, lines 7-17. Omit all words on those lines.

No 2 Motor Dealers and Repairers Act 2013

Pages 13 and 14, Schedule 1.20, line 45 on page 13 to line 5 on page 14. Omit all words on those lines.

No 3 Motor Dealers and Repairers Act 2013

Page 14, Schedule 1.20, lines 9-16. Omit all words on those lines. Insert instead—

Explanatory note The proposed amendments update references to the Department of Customer Service consequent on recent administrative changes to government departments.

No 4 Motor Dealers and Repairers Regulation 2014

Page 14, Schedule 1.21, lines 18-34. Omit all words on those lines.

No 5 Motor Dealers and Repairers Regulation 2014

Pages 14 and 15, Schedule 1.21, line 38 on page 14 to line 5 on page 15. Omit all words on those lines. Insert instead—

Explanatory note The proposed amendment updates a reference to the Department of Customer Service consequent on recent administrative changes to government departments. 1171 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 11 May 2021

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

Question put and passed.

Bill read a third time.

21 ADDRESS TO HER MAJESTY THE QUEEN

The order of the day was read for the resumption of the adjourned debate, on the motion of Ms Gladys Berejiklian, That:

(1) This House agrees to the following Address to Her Majesty The Queen conveying our condolences on the passing of His Royal Highness The Prince Phillip, Duke of Edinburgh:

'To Her Majesty Elizabeth The Second, Queen of Australia —

May it please Your Majesty —

We, the Members of the Legislative Assembly of New South Wales, take this opportunity to express our gratitude for the devoted life and service of HRH Prince Philip, Duke of Edinburgh, whose death we mourn. We extend to Your Majesty, and other members of the Royal Family, our heartfelt sympathy.'

(2) That Her Excellency the Governor be requested to forward the above address to Her Majesty.

Question again proposed and debate resumed.

Mr speaking—

It being 5.00 pm, debate interrupted for public interest debate.

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

22 BUILDING FOR A POST COVID ECONOMY

Ms Robyn Preston moved, pursuant to notice, That this House acknowledges that this Government is building for a post COVID economy.

Debate ensued.

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

'this House acknowledges that this Government is not building for a post COVID economy.' 1172 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 11 May 2021

Question proposed—That the amendment be agreed to.

Debate continued.

Question put.

The House divided. Ayes ...... 39 Noes ...... 49 Majority ...... 10 AYES Aitchison, J Harrison, J O'Neill, M Atalla, E Haylen, J Park, R Bali, S Hoenig, R Parker, J Barr, C Hornery, S Piper, G Car, P Kamper, S Saffin, J Catley, Y Lalich, N Scully, P Chanthivong, A Leong, J Smith, T Cotsis, S Lynch, P Tesch, L Crakanthorp, T McDermott, H Voltz, L Daley, M McKay, J Warren, G Dib, J Mehan, D (teller) Washington, K Doyle, T Mihailuk, T Watson, A (teller) Finn, J Minns, C Zangari, G

NOES Anderson, K Gibbons, M Provest, G Ayres, S Greenwich, A Roberts, A Barilaro, J Griffin, J Saunders, D Berejiklian, G Gulaptis, C Sidgreaves, P Bromhead, S Hancock, S Singh, G Butler, R Hazzard, B Smith, N Clancy, J Henskens, A Speakman, M Conolly, K Kean, M Stokes, R Constance, A Lee, G Taylor, M Cooke, S (teller) Lindsay, W Toole, P Crouch, A (teller) Marshall, A Tuckerman, W Dalton, H McGirr, J Upton, G Davies, T O'Dea, J Ward, G Dominello, V Pavey, M Williams, L Donato, P Petinos, E Williams, R Elliott, D Preston, R Wilson, F Evans, L

PAIRS Harris, D Perrottet, D

In the Chair: Mr .

Question negatived.

Question—That the original motion be agreed to—put and passed. 1173 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 11 May 2021

23 PRIVATE MEMBERS' STATEMENTS

24 COMMUNITY RECOGNITION STATEMENTS

25 ADJOURNMENT

The House adjourned, pursuant to standing and sessional orders, at 8.21 pm, until tomorrow at 9.30 am.

Attendance: All members present except Mr Dominic Perrottet and Mr .

Authorised by the Parliament of New South Wales