Legislative Assembly of Victoria

PROOF LEGISLATIVE ASSEMBLY OF VICTORIA

VOTES AND PROCEEDINGS

No 37 — Thursday 12 September 2019

1 The Speaker took the Chair, read the Prayer and made an Acknowledgement of Country.

2 JOINT SITTING — SENATE VACANCY — The Speaker reported that the House met on Wednesday 11 September 2019 with the Legislative Council for the purpose of choosing a person to hold the place in the Senate rendered vacant by the resignation of Senator the Honourable Mitch Fifield and that the Honourable Sarah Henderson was duly chosen to hold the vacant place.

3 PETITIONS — The Clerk announced that the following petitions had been lodged for presentation:

Aussie Farms — Requesting that the Legislative Assembly addresses the urgent need for stronger protection of law abiding farmers by revoking Aussie Farms’ status as a charitable organisation, shutting down the Aussie Farms website and legislating stronger legal protections to appropriately penalise aggressive protesters and trespassers, bearing 281 signatures (Ms Kealy)

Baimbridge College Hamilton — Requesting that the Government immediately provides funding to enable redevelopment and site consolidation works at Hamilton’s Baimbridge College, bearing 145 signatures (Ms Kealy)

Community Banks — Requesting that the Legislative Assembly calls on the Government to reverse its mandate for all State Government organisations to close local bank accounts and move their money to a centralised government account with Westpac Sydney branch, bearing 30 signatures (Ms Kealy)

Public Transport Services in Western Victoria — Requesting that the Legislative Assembly ensures that an appropriate level of investment is made to improve public transport services in Western Victoria, bearing 76 signatures (Ms Kealy)

Rural and Regional Roads in Western Victoria — Requesting that the Government provides immediate and urgent funding for rural and regional roads in Western Victoria, bearing 209 signatures (Ms Kealy)

Warracknabeal Education Precinct — Requesting that the Government immediately provides funding to allow the Warracknabeal Education Precinct to be completed, bearing 368 signatures (Ms Kealy).

Petitions ordered to be tabled.

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4 PETITION — AUSSIE FARMS — Motion made and question — That the petition presented by the Member for Lowan be taken into consideration tomorrow (Mr Walsh) — put and agreed to.

5 PETITION — BAIMBRIDGE COLLEGE HAMILTON — Motion made and question — That the petition presented by the Member for Lowan be taken into consideration tomorrow (Mr Walsh) — put and agreed to.

6 PETITION — COMMUNITY BANKS — Motion made and question — That the petition presented by the Member for Lowan be taken into consideration tomorrow (Mr Walsh) — put and agreed to.

7 PETITION — PUBLIC TRANSPORT SERVICES IN WESTERN VICTORIA — Motion made and question — That the petition presented by the Member for Lowan be taken into consideration tomorrow (Mr Walsh) — put and agreed to.

8 PETITION — RURAL AND REGIONAL ROADS WESTERN VICTORIA — Motion made and question — That the petition presented by the Member for Lowan be taken into consideration tomorrow (Mr Walsh) — put and agreed to.

9 PETITION — WARRACKNABEAL EDUCATION PRECINCT — Motion made and question — That the petition presented by the Member for Lowan be taken into consideration tomorrow (Mr Walsh) — put and agreed to.

10 DOCUMENTS TABLED UNDER ACTS OF PARLIAMENT — The Clerk tabled the following documents under Acts of Parliament:

Freedom of Information Act 1982 — Professional Standards under s 6V

Subordinate Legislation Act 1994 — Documents under s 16B in relation to the Freedom of Information Act 1982 — Professional Standards

Surveillance Devices Act 1999 — Report 2018–19 under s 30L.

11 SITTING OF THE HOUSE — Motion made and question — That the House, at its rising, adjourns until Tuesday 15 October 2019 (Ms Allan) — put and agreed to.

12 STATEMENTS BY MEMBERS — Members made statements.

13 LEGAL AND SOCIAL ISSUES STANDING COMMITTEE — Motion made and question — That this House refers an inquiry into current anti-vilification laws, their possible expansion, and/or extension of protections beyond existing classes to the Legal and Social Issues Standing Committee for consideration and report no later than 1 September 2020 and the Committee should consider:

(a) the effectiveness of the operation of the Racial and Religious Tolerance Act 2001 (the Act) in delivering upon its purposes;

Votes and Proceedings Thursday 12 September 2019 3

(b) the success or otherwise of enforcement of the Act, and the appropriateness of sanctions in delivering upon the Act’s purposes;

(d) comparisons in the operation of the Act with legislation in other jurisdictions;

(e) the role of state legislation in addressing online vilification;

(f) the effectiveness of current approaches to law enforcement in addressing online offending;

(g) any evidence of increasing vilification and hate conduct in Victoria;

(h) possible extension of protections or expansion of protection to classes of people not currently protected under the existing Act;

(i) any work underway to engage with social media and technology companies to protect Victorians from vilification.

(Ms Hennessy) — after debate, put and agreed to.

14 CONSUMER LEGISLATION AMENDMENT BILL 2019 — 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 Angus) — put and agreed to.

Ordered — That the debate be adjourned for two weeks. Debate adjourned until Thursday 26 September 2019.

15 HEALTH LEGISLATION AMENDMENT AND REPEAL BILL 2019 — 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.

16 QUESTION TIME — (Under Sessional Order 9).

17 HEALTH LEGISLATION AMENDMENT AND REPEAL BILL 2019 — Debate continued on question — That this Bill be now read a second time.

Motion made and question — That the debate be now adjourned (Ms Williams) — put and agreed to.

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Ordered — That the debate be adjourned until later this day.

18 DANGEROUS GOODS AMENDMENT (PENALTY REFORM) BILL 2019 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.

Allocation of time — The Deputy Speaker advised that the time allocated for consideration of bills under the resolution of the House on Tuesday 10 September 2019 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.

19 MARINE AND FISHERIES LEGISLATION AMENDMENT BILL 2019 — Order read for resuming debate on question — That this Bill be now read a second time — and on the amendment — 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 commits to: (1) a genuine consultation process with the Gippsland Lakes Fishery Access Licence Holders on the compulsory buyback of their licences; and (2) releasing all expert advice (including the Valuer-General’s assessments on equipment) to individual licence holders in accordance with s 3A(1)(h) of the Fisheries Act 1995’ — and on the amendment to the amendment — That after ‘1995’ the following words be inserted ‘; and (3) putting in place a scientifically robust monitoring framework that can ensure recreational fishing in the Gippsland Lakes is environmentally sustainable’.

Question — That the words proposed by Mr Hibbins’ amendment be inserted into Mr Bull’s (Gippsland East) amendment — put.

The House divided (the Speaker, Mr Brooks, in the Chair) —

AYES 4

Ali Cupper; Sam Hibbins; Tim Read; Ellen Sandell.

NOES 76

Juliana Addison; Jacinta Allan; Daniel Andrews; Neil Angus; Lizzie Blandthorn; Chris Brayne; Roma Britnell; Josh Bull; Tim Bull; Neale Burgess; Anthony Carbines; Ben Carroll; Darren Cheeseman; Sarah Connolly; Christine Couzens; Jordan Crugnale; Lily D’Ambrosio; Steve Dimopoulos; Paul Edbrooke; Maree Edwards; John Eren; Martin Foley; Matt Fregon; Danielle Green; Matthew Guy; Bronwyn Halfpenny; Katie Hall; Dustin Halse; Paul Hamer; Jill Hennessy; David Hodgett; Melissa Horne; Natalie Hutchins; Marlene Kairouz; Emma Kealy; Sonya Kilkenny; Gary Maas; Tim McCurdy; Stephen McGhie; Frank McGuire; Cindy McLeish; James Merlino; David Morris; Lisa Neville; James Newbury; Russell Northe; Michael O’Brien; Martin Pakula; Tim Pallas; Danny Pearson; Tim Richardson; Richard Riordan; Brad Rowswell; Steph Ryan; Robin Scott; Michaela Settle; Suzanna Sheed; Ryan Smith; Tim Smith; David Southwick; Ros Spence; Nick Staikos; Louise Staley; Natalie Suleyman; Meng Heang Tak; Jackson Taylor; Kat Theophanous; Mary-Anne Thomas; Bill Tilley; Bridget Vallence; Nick Wakeling; Peter Walsh; Vicki Ward; Kim Wells; Gabrielle Williams; Richard Wynne.

Question defeated. Votes and Proceedings Thursday 12 September 2019 5

Question — That the words proposed to be omitted by Mr Bull’s (Gippsland East) amendment stand part of the question — put.

The House divided (the Speaker, Mr Brooks, in the Chair) —

AYES 52

Juliana Addison; Jacinta Allan; Daniel Andrews; Lizzie Blandthorn; Chris Brayne; Josh Bull; Anthony Carbines; Ben Carroll; Darren Cheeseman; Sarah Connolly; Christine Couzens; Jordan Crugnale; Ali Cupper; Lily D’Ambrosio; Steve Dimopoulos; Paul Edbrooke; Maree Edwards; John Eren; Martin Foley; Matt Fregon; Danielle Green; Bronwyn Halfpenny; Katie Hall; Dustin Halse; Paul Hamer; Jill Hennessy; Melissa Horne; Natalie Hutchins; Marlene Kairouz; Sonya Kilkenny; Gary Maas; Stephen McGhie; Frank McGuire; James Merlino; Lisa Neville; Martin Pakula; Tim Pallas; Danny Pearson; Tim Richardson; Robin Scott; Michaela Settle; Suzanna Sheed; Ros Spence; Nick Staikos; Natalie Suleyman; Meng Heang Tak; Jackson Taylor; Kat Theophanous; Mary-Anne Thomas; Vicki Ward; Gabrielle Williams; Richard Wynne.

NOES 28

Neil Angus; Roma Britnell; Tim Bull; Neale Burgess; Matthew Guy; Sam Hibbins; David Hodgett; Emma Kealy; Tim McCurdy; Cindy McLeish; David Morris; James Newbury; Russell Northe; Michael O’Brien; Tim Read; Richard Riordan; Brad Rowswell; Steph Ryan; Ellen Sandell; Ryan Smith; Tim Smith; David Southwick; Louise Staley; Bill Tilley; Bridget Vallence; Nick Wakeling; Peter Walsh; Kim Wells.

Question agreed to.

Question — That this Bill be now read a second time and a third time — put and agreed to.

Bill sent to the Legislative Council and their agreement requested.

20 RAIL SAFETY LEGISLATION AMENDMENT (NATIONAL SERVICES DELIVERY AND RELATED REFORMS) BILL 2019 — Order read for resuming debate on question — That this Bill be now read a second time — and on the amendment — That all the words after ‘That’ be omitted and replaced with the words ‘this Bill be withdrawn and redrafted to provide adequate parliamentary oversight to ensure safety measures are met before the sale, long-term lease or surrender of the ownership of rail or tram track assets in Victoria, including transfer to other jurisdictions’.

Question — That the words proposed to be omitted stand part of the question — put.

The House divided (the Speaker, Mr Brooks, in the Chair) —

AYES 52

NOES 28

Question agreed to.

Question — That this Bill be now read a second time and a third time — put and agreed to.

Bill sent to the Legislative Council and their agreement requested.

21 PRIMARY INDUSTRIES LEGISLATION AMENDMENT BILL 2019 — Order read for resuming debate on question — That this Bill be now read a second time — and on the amendment — 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 consulted with game hunting stakeholders about the role of the Game Management Authority in promoting responsible game hunting and proposed additional guiding principles to regulate and improve the game hunting sector’.

Question — That the words proposed to be omitted stand part of the question — put.

The House divided (the Speaker, Mr Brooks, in the Chair) —

AYES 55

Juliana Addison; Jacinta Allan; Daniel Andrews; Lizzie Blandthorn; Chris Brayne; Josh Bull; Anthony Carbines; Ben Carroll; Darren Cheeseman; Sarah Connolly; Christine Couzens; Jordan Crugnale; Ali Cupper; Lily D’Ambrosio; Steve Dimopoulos; Paul Edbrooke; Maree Edwards; John Eren; Martin Foley; Matt Fregon; Danielle Green; Bronwyn Halfpenny; Katie Hall; Dustin Halse; Paul Hamer; Jill Hennessy; Sam Hibbins; Melissa Horne; Natalie Hutchins; Marlene Kairouz; Sonya Kilkenny; Gary Maas; Stephen McGhie; Frank McGuire; James Merlino; Lisa Neville; Martin Pakula; Tim Pallas; Danny Pearson; Tim Read; Tim Richardson; Ellen Sandell; Robin Scott; Michaela Settle; Suzanna Sheed; Ros Spence; Nick Staikos; Natalie Suleyman; Meng Heang Tak; Jackson Taylor; Kat Theophanous; Mary-Anne Thomas; Vicki Ward; Gabrielle Williams; Richard Wynne.

NOES 25

Neil Angus; Roma Britnell; Tim Bull; Neale Burgess; Matthew Guy; David Hodgett; Emma Kealy; Tim McCurdy; Cindy McLeish; David Morris; James Newbury; Russell Northe; Michael O’Brien; Richard Riordan; Brad Rowswell; Steph Ryan; Ryan Smith; Tim Smith; David Southwick; Louise Staley; Bill Tilley; Bridget Vallence; Nick Wakeling; Peter Walsh; Kim Wells.

Question agreed to.

Question — That this Bill be now read a second time and a third time — put and agreed to.

Bill sent to the Legislative Council and their agreement requested.

22 HEALTH LEGISLATION AMENDMENT AND REPEAL BILL 2019 — Order read for resuming debate on question — That this Bill be now read a second time. Votes and Proceedings Thursday 12 September 2019 7

Question — That this Bill be now read a second time and a third time — put and agreed to.

Bill sent to the Legislative Council and their agreement requested.

Business was interrupted at 5.21 pm under sessional orders.

23 ADJOURNMENT — The Speaker announced that the time for the adjournment of the House had arrived and, after debate, left the Chair at 5.49 pm.

BRIDGET NOONAN COLIN BROOKS MP Clerk of the Legislative Assembly Speaker