LEGISLATIVE ASSEMBLY OF VICTORIA
VOTES AND PROCEEDINGS Nos 64, 65 and 66
No 64 — Tuesday 2 June 2020
1 The House met according to the adjournment — The Speaker took the Chair, read the Prayer and made an Acknowledgement of Country.
2 DEATH OF MAXWELL LESLIE CRELLIN — The Speaker announced the death of Maxwell Leslie Crellin, Member of the Legislative Assembly for the District of Sandringham from 1970 to 1982; and members rose in their places as a mark of respect to the memory of the deceased.
3 SITTING ARRANGEMENTS — Motion made, by leave, and question — That:
(1) Due to the current circumstances as we act to slow the spread of COVID-19 through physical distancing as recommended by the Chief Health Officer, so much of standing and sessional orders be suspended to allow the following arrangements to come into effect immediately and to remain in place until 3 August 2020 or an earlier date agreed to by the Speaker, Leader of the House and the Manager of Opposition Business, or their representatives:
Reduced number of members in the Chamber to assist with physical distancing
(a) subject to paragraph (b), the Chamber will be composed of the Chair and no more than 28 other members, being 17 from the Government, eight from the Opposition, one Greens member, and two independent members;
(b) for a division the Chamber will be composed of the Chair and no more than 28 other members, being 16 from the Government, eight from the Opposition, one Greens member, and the three independent members;
(c) if more members than those listed in paragraph (b) vote in a division, the Clerk will not count their vote;
(d) the names of members who are absent each sitting day will be recorded in the Votes and Proceedings and Hansard;
Discretion in ringing the bells to form a quorum to assist with physical distancing
(e) the House gives the Chair further discretion in ringing the bells to form a quorum under SO 29, provided the Chair is confident that a quorum is present within the parliamentary precinct. 340 Legislative Assembly of Victoria
(2) The ongoing arrangements set up in the resolution of the House on 23 April 2020 be revoked
(Ms Allan) — after debate, put and agreed to.
4 QUESTION TIME — (Under Sessional Order 9).
5 POLICE AND EMERGENCY LEGISLATION AMENDMENT BILL 2020 — Ms Neville introduced ‘A Bill for an Act to amend the Victoria Police Act 2013, the Crimes Act 1958, the Family Violence Protection Act 2008, the Sheriff Act 2009 and the Fire Rescue Victoria Act 1958 and for other purposes’; and, after debate, the Bill was read a first time and ordered to be read a second time tomorrow.
6 SAFE PATIENT CARE (NURSE TO PATIENT AND MIDWIFE TO PATIENT RATIOS) AMENDMENT BILL 2020 — Mr Foley introduced ‘A Bill for an Act to amend the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015 and the Child Wellbeing and Safety Act 2005 and for other purposes’; and, after debate, the Bill was read a first time and ordered to be read a second time tomorrow.
7 DOCUMENTS
UNIVERSITY OF DIVINITY — Report 2019 tabled by leave (Mr Merlino).
SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — Ms Kilkenny tabled the Alert Digest No 5 of 2020 from the Scrutiny of Acts and Regulations Committee on the:
Appropriation (Interim) Act 2020 Appropriation (Parliament) (Interim) Act 2020 Constitution Amendment (Fracking Ban) Bill 2020 COVID-19 Omnibus (Emergency Measures) Act 2020 Crimes (Mental Impairment and Unfitness to be Tried) Amendment Bill 2020 Justice Legislation Amendment (Drug Court and Other Matters) Bill 2020 Local Government (Whittlesea City Council) Act 2020 Petroleum Legislation Amendment Bill 2020 Sentencing Amendment (Emergency Worker Harm) Bill 2020 State Taxation Acts Amendment (Relief Measures) Act 2020 Wage Theft Bill 2020 Practitioner Remuneration Order 2020 SR No 109/2019 — Wildlife (Marine Mammals) Regulations 2019 SR No 134/2019 — Education and Training Reform Amendment Regulations 2019 SR No 163/2019 — Fisheries Regulations 2019
together with appendices.
Ordered to be published.
Votes and Proceedings 2, 3 and 4 June 2020 341
DOCUMENTS TABLED UNDER ACTS OF PARLIAMENT — The Clerk tabled the following documents under Acts of Parliament:
Auditor-General:
Managing Support and Safety Hubs — Ordered to be published Personnel Security: Due Diligence Over Public Service Employees — Ordered to be published
Bendigo Kangan Institute — Report 2019
Box Hill Institute — Report 2019
Chisholm Institute — Report 2019
Deakin University — Report 2019
Federation University Australia — Report 2019
Financial Management Act 1994 — 2019–20 Quarterly Financial Report No 3
Gambling Regulation Act 2003 — Amendments to the Public Lottery Licence
Gordon Institute of TAFE (The Gordon) — Report 2019
Goulburn Ovens Institute of TAFE (GOTAFE) — Report 2019
Holmesglen Institute — Report 2019
Independent Broad-based Anti-corruption Commission — Operation Betka: An investigation into alleged corrupt conduct by a former contractor of the Department of Education and Training — Ordered to be published
Land Acquisition and Compensation Act 1986 — Certificate under s 7
La Trobe University — Report 2019
Melbourne Polytechnic — Report 2019
Monash University — Report 2019
Municipal Association of Victoria — Report 2018–19
Ombudsman:
Investigations into allegations of nepotism in government schools — Ordered to be published Investigation of alleged improper conduct by Executive Officers at Ballarat City Council — Ordered to be published
342 Legislative Assembly of Victoria
Planning and Environment Act 1987 — Notices of approval of amendments to the following Planning Schemes:
Ballarat — C213 Banyule — C155 Bass Coast — GC112 Baw Baw — GC112 Colac Otway — C104, GC112 Darebin — C187 East Gippsland — GC112 Frankston — C131 Glen Eira — C198 Glenelg — GC112 Greater Bendigo — C252, GC112 Greater Geelong — GC112 Greater Shepparton — C213, C222 Hepburn — GC112 Hume — C239 Latrobe — C123, GC112 Melbourne — C365, C375, C383 Mitchell — GC112 Monash — C131 Moorabool — GC112 Moreland — C164 Parts 1 and 2 Mornington Peninsula — C274 Moyne — GC112 Port Phillip — C188 South Gippsland — C90, GC112 Southern Grampians — GC112 Strathbogie — GC112 Surf Coast — C130 Towong — C25 Victoria Planning Provisions — VC175 Warrnambool — GC112 Wellington — GC112 Whittlesea — C238 Wodonga — GC112 Wyndham — C242 Yarra — C265
Public Health and Wellbeing Act 2008 — Report to Parliament on the Extension of the Declaration of a State of Emergency
Royal Melbourne Institute of Technology (RMIT University) — Report 2019
Statutory Rules under the following Acts:
Building Act 1993 — SR 42 Votes and Proceedings 2, 3 and 4 June 2020 343
Children’s Services Act 1996 — SR 32 County Court Act 1958 — SR 27 COVID-19 Omnibus (Emergency Measures) Act 2020 — SRs 31, 34, 38 Disability Service Safeguards Act 2018 — SR 36 Flora and Fauna Guarantee Act 1988 — SR 41 Magistrates’ Court Act 1989 — SRs 39, 40 Residential Tenancies Act 1997 — SR 35 Subordinate Legislation Act 1994 — SR 33 Supreme Court Act 1986 — SRs 29, 30 Transport Accident Act 1986 — SR 37 Victorian Civil and Administrative Tribunal Act 1998 — SR 28 Workplace Injury Rehabilitation and Compensation Act 2013 — SR 43
Subordinate Legislation Act 1994:
Documents under s 15 in relation Statutory Rules 21, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 37, 38, 39, 40, 43 Documents under s 16B in relation to: Fisheries Act 1995: Amending order — Initial quota order under s 64 — Pipi Fishery Amending order — Initial quota order under s 64 — Sea Urchin Fishery Further amending order — Initial quota order for the Eastern Zone of the Victorian Rock Lobster Fishery Further amending order — Initial quota order for the Western Zone of the Victorian Rock Lobster Fishery Further amending order — Initial quota order for the Giant Crab Fishery in the western zone Initial abalone quota order Initial quota order under s 64 — Banded Morwong Fishery Initial quota order under s 64 — Pipi Fishery Ministerial direction under s 61 Gambling Regulation Act 2003 — Notice under s 3.6.5A fixing the value of the supervision charge Water Act 1989 — Coliban Region Water Corporation By-law No 13 — Recreational Areas
South West Institute of TAFE — Report 2019
Sunrasyia Institute of TAFE (SuniTAFE) — Report 2019
Swinburne University of Technology — Report 2019
TAFE Gippsland — Report 2019
University of Melbourne — Report 2019
Victoria University — Report 2019
Victoria Police, Chief Commissioner — Report 2019 under s 96 of the Drugs, Poisons and Controlled Substances Act 1981 344 Legislative Assembly of Victoria
Wildlife Act 1975 — Wildlife (Prohibition of Game Hunting) Notices (two notices) (Gazette S234, 12 May 2020 and S246, 19 May 2020)
William Angliss Institute of TAFE — Report 2019
Wodonga Institute of TAFE — Report 2019.
PROCLAMATION — Under Standing Order 177A, the Clerk tabled the following proclamation fixing an operative date:
Children’s Services Amendment Act 2019 — Whole Act — 17 May 2020 (Gazette S232, 12 May 2020).
8 MESSAGES FROM THE LEGISLATIVE COUNCIL — Agreeing to the following bills without amendment:
Appropriation (Interim) Bill 2020 Appropriation (Parliament) (Interim) Bill 2020 State Taxation Acts Amendment (Relief Measures) Bill 2020.
9 MESSAGES FROM THE GOVERNOR — ASSENT TO BILLS — Informing the Legislative Assembly that she had given the royal assent to the following bills, presented to her by the Clerk of the Parliaments:
On 24 April 2020 COVID-19 Omnibus (Emergency Measures) Bill 2020
On 28 April 2020 Appropriation (Interim) Bill 2020 Appropriation (Parliament) (Interim) Bill 2020 State Taxation Acts Amendment (Relief Measures) Bill 2020.
10 FINANCIAL AUDIT OF THE VICTORIAN AUDITOR-GENERAL’S OFFICE — The Speaker advised the House that, under the resolution of the House on 23 April 2020, the Assembly had adopted the recommendation of the Public Accounts and Estimates Committee and agreed to appoint Mr Steven Bradby of PKF Melbourne Audit and Assurance to conduct the financial audit of the Victorian Auditor-General’s Office.
11 MESSAGE FROM THE LEGISLATIVE COUNCIL — Agreeing to appoint Steven Bradby of PKF Melbourne Audit and Assurance to conduct the financial audit of the Victorian Auditor- General’s Office.
12 EXTENSIONS TO COMMITTEE REPORTING DATES — The Speaker advised the House that the following committees had agreed to extensions to reporting dates under the resolution of the House on 23 April 2020:
The Economy and Infrastructure Standing Committee has extended its reporting date for the Inquiry into sustainable employment for disadvantaged jobseekers to 30 September 2020. Votes and Proceedings 2, 3 and 4 June 2020 345
The Environment and Planning Standing Committee has extended its reporting date for the Inquiry into tackling climate change in Victorian communities to 3 December 2020, and its Inquiry into environmental infrastructure for growing populations to 30 June 2021.
The Legal and Social Issues Standing Committee has extended its reporting date for the Inquiry into early childhood engagement of culturally and linguistically diverse communities to 31 August 2020.
13 ELECTORAL MATTERS COMMITTEE — The Speaker announced that he had received the resignation of Mr Atkinson MLC from the Electoral Matters Committee, effective from 15 May 2020.
14 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 4 June 2020:
Petroleum Legislation Amendment Bill 2020 Retail Leases Amendment Bill 2019 Wage Theft Bill 2020
(Ms Allan) — after debate, put.
The House divided (the Speaker, Mr Brooks, in the Chair) —
AYES 16
Jacinta Allan; Josh Bull; Anthony Carbines; Darren Cheeseman; Sarah Connolly; Jordan Crugnale; Steve Dimopoulos; Paul Edbrooke; Will Fowles; Matt Fregon; Bronwyn Halfpenny; Katie Hall; John Kennedy; Sonya Kilkenny; Danny Pearson; Nick Staikos.
NOES 11
Gary Blackwood; James Newbury; Russell Northe; Danny O’Brien; Tim Read; Brad Rowswell; Suzanna Sheed; Ryan Smith; Louise Staley; Peter Walsh; Kim Wells.
Question agreed to.
15 STATEMENTS BY MEMBERS — Members made statements.
16 POSTPONEMENT OF ORDER OF THE DAY — Ordered — That the consideration of Government Business, Order of the Day, No 1 be postponed until later this day.
17 PETROLEUM LEGISLATION AMENDMENT BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.
Mr Smith (Warrandyte) announced amendments to be proposed when the House considers the Bill in detail and requested that they be circulated. Amendments circulated.
Debate resumed on question — That this Bill be now read a second time. 346 Legislative Assembly of Victoria
Motion made and question — That the debate be now adjourned (Ms Kairouz) — put and agreed to.
Ordered — That the debate be adjourned until later this day.
18 WAGE THEFT BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.
Mr Wakeling announced amendments to be proposed when the House considers the Bill in detail and requested that they be circulated. Amendments circulated.
Debate resumed on question — That this Bill be now read a second time.
Business was interrupted at 7.00 pm under sessional orders.
19 ADJOURNMENT — The Deputy Speaker announced that the time for the adjournment of the House had arrived and, after debate —
The Deputy Speaker advised the House that the following members were absent today to assist with physical distancing:
Lizzie Blandthorn, Neale Burgess, John Eren, Emma Kealy, Ellen Sandell, Michaela Settle, Natalie Suleyman and Bill Tilley.
The Deputy Speaker left the Chair at 7.22 pm.
BRIDGET NOONAN COLIN BROOKS MP Clerk of the Legislative Assembly Speaker
No 65 — Wednesday 3 June 2020
1 The Speaker took the Chair, read the Prayer and made an Acknowledgement of Country.
2 DOCUMENTS TABLED UNDER ACTS OF PARLIAMENT — The Clerk tabled the following documents under Acts of Parliament:
Crown Land (Reserves) Act 1978:
Order under s 17B granting a licence over Alexandra Gardens Reserve and Kings Domain Reserve Order under s 17D granting a lease over Sandringham Beach Park
Subordinate Legislation Act 1994 — Documents under s 15 in relation to Statutory Rule 24. Votes and Proceedings 2, 3 and 4 June 2020 347
3 MESSAGES FROM THE LEGISLATIVE COUNCIL — Agreeing to the following bills without amendment:
Disability Service Safeguards Amendment Bill 2020 North East Link Bill 2020.
4 STATEMENTS BY MEMBERS — Members made statements.
5 STATEMENTS ON A PARLIAMENTARY COMMITTEE REPORT — Members made statements on a committee report.
6 POLICE AND EMERGENCY LEGISLATION AMENDMENT BILL 2020 — Ms Neville 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 Neville).
The second reading speech was incorporated into Hansard.
Motion made and question — That the debate be now adjourned (Ms McLeish) — put and agreed to.
Ordered — That the debate be adjourned for two weeks. Debate adjourned until Wednesday 17 June 2020.
7 SAFE PATIENT CARE (NURSE TO PATIENT AND MIDWIFE TO PATIENT RATIOS) AMENDMENT BILL 2020 — Mr Foley 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 (Mr Foley).
The second reading speech was incorporated into Hansard.
Motion made and question — That the debate be now adjourned (Ms McLeish) — put and agreed to.
Ordered — That the debate be adjourned for two weeks. Debate adjourned until Wednesday 17 June 2020.
8 WAGE THEFT BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.
Business was interrupted at 11.00 am under sessional orders.
9 QUESTION TIME — (Under Sessional Order 9).
Member named and suspended — The Member for Warrandyte (Mr Smith) having been named by the Speaker for disregarding the authority of the Chair — 348 Legislative Assembly of Victoria
Motion made and question — That the Member for Warrandyte (Mr Smith) be suspended from the service of the House for the remainder of today’s sitting and tomorrow (Ms Allan) — put.
The House divided (the Speaker, Mr Brooks, in the Chair) —
AYES 19
Jacinta Allan; Daniel Andrews; Ben Carroll; Ali Cupper; Lily D’Ambrosio; Luke Donnellan; Martin Foley; Jill Hennessy; Melissa Horne; Marlene Kairouz; James Merlino; Lisa Neville; Martin Pakula; Tim Pallas; Ellen Sandell; Robin Scott; Suzanna Sheed; Ros Spence; Gabrielle Williams.
NOES 8
Gary Blackwood; Tim Bull; Cindy McLeish; Michael O’Brien; Ryan Smith; Louise Staley; Bridget Vallence; Peter Walsh.
Question agreed to.
Mr Smith (Warrandyte) accordingly withdrew from the Chamber.
Question time continued.
10 WAGE THEFT BILL 2020 — Debate continued on question — That this Bill be now read a second time.
Business was interrupted at 2.00 pm under sessional orders.
11 GRIEVANCES — Question — That grievances be noted — after debate, put and agreed to.
12 WAGE THEFT BILL 2020 — Debate continued on question — That this Bill be now read a second time.
Motion made and question — That the debate be now adjourned (Ms Ryan) — put and agreed to.
Ordered — That the debate be adjourned until later this day.
13 RETAIL LEASES AMENDMENT BILL 2019 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.
Business was interrupted at 7.00 pm under sessional orders.
14 ADJOURNMENT — The Speaker announced that the time for the adjournment of the House had arrived and, after debate —
The Speaker advised the House that the following members were absent today to assist with physical distancing:
Votes and Proceedings 2, 3 and 4 June 2020 349
Lizzie Blandthorn, Neale Burgess, John Eren, Emma Kealy, Danny Pearson, Michaela Settle, Natalie Suleyman and Bill Tilley.
The Speaker left the Chair at 7.26 pm.
BRIDGET NOONAN COLIN BROOKS MP Clerk of the Legislative Assembly Speaker
No 66 — Thursday 4 June 2020
1 The Speaker took the Chair, read the Prayer and made an Acknowledgement of Country.
2 PETITION — The Clerk announced that the following petition had been lodged for presentation:
Holden Street and St Georges Road Intersection, Fitzroy North — Requesting that the Legislative Assembly calls on the Government to review traffic movements at the intersection of Holden Street and St Georges Road, Fitzroy North, bearing 265 signatures (Dr Read).
Ordered to be tabled.
3 DOCUMENT TABLED UNDER AN ACT OF PARLIAMENT — The Clerk tabled the following document under an Act of Parliament:
Freedom of Information Act 1982 — Statement of reasons for seeking leave to appeal under s 65AB.
4 SITTING OF THE HOUSE — Motion made and question — That the House, at its rising, adjourns until Tuesday 16 June 2020 (Mr Merlino) — put and agreed to.
5 STATEMENTS BY MEMBERS — Members made statements.
6 WAGE THEFT BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.
Business was interrupted at 11.00 am under sessional orders.
7 QUESTION TIME — (Under Sessional Order 9).
8 WAGE THEFT BILL 2020 — Debate continued on question — That this Bill be now read a second time.
350 Legislative Assembly of Victoria
Motion made and question — That the debate be now adjourned (Mr Kennedy) — put and agreed to.
Ordered — That the debate be adjourned until later this day.
9 MESSAGE FROM THE LEGISLATIVE COUNCIL — Agreeing to the Crimes Amendment (Manslaughter and Related Offences) Bill 2020 without amendment.
10 RETAIL LEASES AMENDMENT BILL 2019 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.
Allocation of time — The Acting Speaker advised that the time allocated for consideration of bills under the resolution of the House on Tuesday 2 June 2020 had expired.
Question — That this Bill be now read a second time — put and agreed to.
Question — That this Bill be now read a third time — put and agreed to.
Bill sent to the Legislative Council and their agreement requested.
11 PETROLEUM LEGISLATION AMENDMENT BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time.
Question — That this Bill be now read a second time and a third time — put.
The House divided (the Speaker, Mr Brooks, in the Chair) —
AYES 26
Jacinta Allan; Brad Battin; Gary Blackwood; Tim Bull; Anthony Carbines; Darren Cheeseman; Sarah Connolly; Steve Dimopoulos; Bronwyn Halfpenny; Paul Hamer; Natalie Hutchins; Sonya Kilkenny; Gary Maas; Frank McGuire; David Morris; Russell Northe; Danny Pearson; Pauline Richards; Brad Rowswell; Suzanna Sheed; Nick Staikos; Louise Staley; Meng Heang Tak; Nick Wakeling; Peter Walsh; Vicki Ward.
NOES 2
Ali Cupper; Tim Read.
Question agreed to.
Bill sent to the Legislative Council and their agreement requested.
12 WAGE THEFT BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time.
Question — That this Bill be now read a second time and a third time — put.
Votes and Proceedings 2, 3 and 4 June 2020 351
The House divided (the Speaker, Mr Brooks, in the Chair) —
AYES 19
Jacinta Allan; Anthony Carbines; Darren Cheeseman; Sarah Connolly; Ali Cupper; Steve Dimopoulos; Bronwyn Halfpenny; Paul Hamer; Natalie Hutchins; Sonya Kilkenny; Gary Maas; Frank McGuire; Danny Pearson; Tim Read; Pauline Richards; Suzanna Sheed; Nick Staikos; Meng Heang Tak; Vicki Ward.
NOES 9
Brad Battin; Gary Blackwood; Tim Bull; David Morris; Russell Northe; Brad Rowswell; Louise Staley; Nick Wakeling; Peter Walsh.
Question agreed to.
Bill sent to the Legislative Council and their agreement requested.
Business was interrupted at 5.10 pm under sessional orders.
13 ADJOURNMENT — The Speaker announced that the time for the adjournment of the House had arrived and, after debate —
The Speaker advised the House that the following members were absent today to assist with physical distancing:
Lizzie Blandthorn, Neale Burgess, John Eren, Emma Kealy, Natalie Suleyman and Bill Tilley.
The Speaker left the Chair at 5.28 pm.
BRIDGET NOONAN COLIN BROOKS MP Clerk of the Legislative Assembly Speaker
By Authority. Government Printer for the State of Victoria