Legislative Assembly of Victoria
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LEGISLATIVE ASSEMBLY OF VICTORIA VOTES AND PROCEEDINGS Nos 54, 55 and 56 No 54 — Tuesday 18 February 2020 1 The House met according to the adjournment — The Speaker took the Chair, read the Prayer and made an Acknowledgement of Country. 2 QUESTION TIME — (Under Sessional Order 9). 3 LOCAL GOVERNMENT (CASEY CITY COUNCIL) BILL 2020 — Ms Kairouz introduced ‘A Bill for an Act to dismiss the Casey City Council and to provide for a general election for that Council and for other purposes’; and the Bill was read a first time. In accordance with SO 61(3)(b), the House proceeded immediately to the second reading. Ms Kairouz tabled a statement of compatibility in accordance with the Charter of Human Rights and Responsibilities Act 2006. Motion made and question proposed — That this Bill be now read a second time (Ms Kairouz). The second reading speech was incorporated into Hansard. Motion made and question — That the debate be now adjourned (Mr Smith, Kew) — put and agreed to. Ordered — That the debate be adjourned until later this day. 4 NATIONAL ELECTRICITY (VICTORIA) AMENDMENT BILL 2020 — Ms D’Ambrosio introduced ‘A Bill for an Act to amend the National Electricity (Victoria) Act 2005 and the Electricity Industry Act 2000 and for other purposes’; and the Bill was read a first time and ordered to be read a second time tomorrow. 5 DOCUMENTS CITY OF CASEY MUNICIPAL MONITOR REPORT FEBRUARY 2020 — Tabled by leave (Ms Kairouz). Ordered to be published. 288 Legislative Assembly of Victoria SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — Ms Connolly tabled the Alert Digest No 2 of 2020 from the Scrutiny of Acts and Regulations Committee on the: Children, Youth and Families Amendment (Out of Home Care Age) Bill 2020 Crimes Amendment (Manslaughter and Related Offences) Bill 2020 Forests Legislation Amendment (Compliance and Enforcement) Bill 2019 Project Development and Construction Management Amendment Bill 2020 Transport Legislation Amendment Act 2019 (House Amendment) SR No 93 — Road Safety (Traffic Management) Regulations 2019 together with appendices. Ordered to be published. DOCUMENTS TABLED UNDER ACTS OF PARLIAMENT — The Clerk tabled the following documents under Acts of Parliament: Australian Children’s Education and Care Quality Authority — Report 2018–19 Family Violence Reform Implementation Monitor — Report 1 as at November 2019 — Ordered to be published Interpretation of Legislation Act 1984 — Notice under s 32(3)(a)(iii) in relation to Statutory Rule 135/2019 (Gazette G5, 6 February 2020) National Education and Care Services Freedom of Information and Privacy Commissioners and Ombudsman — Report 2018–19 Planning and Environment Act 1987 — Notices of approval of amendments to the following Planning Schemes: Bayside — C161 Part 2 Boroondara — C312 Hobsons Bay — C113 Melton — C201, C217 Mildura — C102 Nillumbik — C117 Part 1, C124 Surf Coast — C128 Victoria Planning Provisions — VC160, VC168, VC170 Statutory Rules under the following Acts: Public Health and Wellbeing Act 2008 — SR 5 Road Safety Act 1986 — SR 7 Transport (Compliance and Miscellaneous) Act 1983 — SR 6 Votes and Proceedings 18, 19 and 20 February 2020 289 Subordinate Legislation Act 1994: Documents under s 15 in relation to Statutory Rules 4, 5, 6, 7 Documents under s 16B in relation to: Water Act 1989 — Temporary Qualification of Rights in the Broken System 2019 Wildlife Act 1975 — Revocation of the Declaration of Common Wombats to be unprotected wildlife Guidelines under s 26. PROCLAMATIONS — Under Standing Order 177A, the Clerk tabled the following proclamations fixing operative dates: Children Legislation Amendment Act 2019 — Sections 3(2), 9 and 10 and Parts 4 and 5 — 17 February 2020 (Gazette S49, 4 February 2020) Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019 — Sections 19(1), 21, 22, 23, 24, 25, 26, 27, 28 and 29 — 31 January 2020 (Gazette S37, 29 January 2020). 6 MESSAGE FROM THE LEGISLATIVE COUNCIL — Agreeing to the Melbourne Strategic Assessment (Environment Mitigation Levy) Bill 2019 without amendment. 7 MESSAGE FROM THE GOVERNOR — ASSENT TO BILL — Informing the Legislative Assembly that she had, on 11 February 2020, given the royal assent to the Melbourne Strategic Assessment (Environment Mitigation Levy) Bill 2019, presented to her by the Clerk of the Parliaments. 8 GOVERNMENT BUSINESS PROGRAM — Motion made and question — That, under SO 94(2), the Orders of the Day, Government Business, relating to the following bills be considered and completed by 5.00 pm on Thursday 20 February 2020: Forests Legislation Amendment (Compliance and Enforcement) Bill 2019 Great Ocean Road and Environs Protection Bill 2019 Justice Legislation Miscellaneous Amendments Bill 2019 Owners Corporations and Other Acts Amendment Bill 2019 (Ms Allan) — after debate, put. The House divided (the Speaker, Mr Brooks, in the Chair) — AYES 54 Juliana Addison; Jacinta Allan; Daniel Andrews; Lizzie Blandthorn; Chris Brayne; Josh Bull; Anthony Carbines; Ben Carroll; Darren Cheeseman; Sarah Connolly; Christine Couzens; Jordan Crugnale; Lily D’Ambrosio; Steve Dimopoulos; Luke Donnellan; Paul Edbrooke; Maree Edwards; John Eren; Martin Foley; Will Fowles; Matt Fregon; Danielle Green; Bronwyn Halfpenny; Katie Hall; Dustin Halse; Paul Hamer; Jill Hennessy; Melissa Horne; Natalie Hutchins; Marlene Kairouz; John Kennedy; Sonya Kilkenny; Gary Maas; Stephen McGhie; Frank McGuire; James Merlino; Lisa Neville; Martin Pakula; Tim Pallas; Danny Pearson; Pauline Richards; Tim Richardson; Robin Scott; Michaela Settle; Ros Spence; Nick Staikos; Natalie Suleyman; Meng Heang Tak; Jackson Taylor; Kat Theophanous; Mary-Anne Thomas; Vicki Ward; Gabrielle Williams; Richard Wynne. 290 Legislative Assembly of Victoria NOES 31 Neil Angus; Brad Battin; Gary Blackwood; Roma Britnell; Tim Bull; Ali Cupper; Matthew Guy; Sam Hibbins; David Hodgett; Emma Kealy; Tim McCurdy; Cindy McLeish; David Morris; James Newbury; Russell Northe; Danny O’Brien; Michael O’Brien; Tim Read; Richard Riordan; Steph Ryan; Ellen Sandell; Suzanna Sheed; Ryan Smith; Tim Smith; David Southwick; Louise Staley; Bill Tilley; Bridget Vallence; Nick Wakeling; Peter Walsh; Kim Wells. Question agreed to. 9 STATEMENTS BY MEMBERS — Members made statements. 10 LOCAL GOVERNMENT (CASEY CITY COUNCIL) BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed. Bill read a second time and, by leave, immediately read a third time. Bill sent to the Legislative Council and their agreement requested. 11 MESSAGE FROM THE LEGISLATIVE COUNCIL — Agreeing to new Joint Standing Order 25, to take effect immediately. 12 GREAT OCEAN ROAD AND ENVIRONS PROTECTION BILL 2019 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed. Amendment proposed — That all the words after ‘That’ be omitted and replaced with the words ‘this House refuses to read this Bill a second time until the Government has resolved the significant omissions in the Bill and ensures: (1) the source of funds to resource the operations of the Great Ocean Road Coast and Parks Authority and the implementation of the proposed Great Ocean Road strategic framework plan are identified; (2) the extent of the region is identified and defined; (3) the relationship between local planning schemes and the overarching powers granted to the Minister by the Bill is reconciled; (4) the proposed constitution of the Board of the Authority is amended after further consultation to provide that there is sufficient representation from residents of any of the following municipal districts: (a) Surf Coast Shire Council; (b) Colac Otway Shire Council; (c) Corangamite Shire Council; (d) Moyne Shire Council; or Votes and Proceedings 18, 19 and 20 February 2020 291 (e) Portland City Council; and (5) the decision to exclude all board, or committee of management, members of responsible entities (as defined in the Bill) from eligibility for appointment as a director of the Authority is justified’ (Mr Morris) — and, after debate — Motion made and question — That the debate be now adjourned (Ms Hennessy) — put and agreed to. Ordered — That the debate be adjourned until later this day. 13 MESSAGES FROM THE LEGISLATIVE COUNCIL — Agreeing to the following bills without amendment: Building and Environment Protection Legislation Amendment Bill 2019 Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Local Government (Casey City Council) Bill 2020. 14 JUSTICE LEGISLATION MISCELLANEOUS AMENDMENTS BILL 2019 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed. Amendment proposed — That all the words after ‘That’ be omitted and replaced with the words ‘this Bill be withdrawn and redrafted to: (1) take into account further consultation about the benefits of removing the group cost orders and contingency fees provisions proposed for the Supreme Court Act 1986; and (2) retain the remaining provisions of the Bill’ (Mr Southwick) — and, after debate — Business was interrupted at 7.00 pm under sessional orders. 15 ADJOURNMENT — The Deputy Speaker announced that the time for the adjournment of the House had arrived and, after debate, left the Chair at 7.25 pm. BRIDGET NOONAN COLIN BROOKS MP Clerk of the Legislative Assembly Speaker 292 Legislative Assembly of Victoria No 55 — Wednesday 19 February 2020 1 The Speaker took the Chair, read the Prayer and made an Acknowledgement of Country. 2 ASSISTED REPRODUCTIVE TREATMENT AMENDMENT