1041

LEGISLATIVE ASSEMBLY

2015-16-17

FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT

______

VOTES AND PROCEEDINGS

No. 100

TUESDAY 14 FEBRUARY 2017

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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 NOTICES OF MOTIONS (GENERAL NOTICES)

3 PRIVATE MEMBERS’ STATEMENTS ______

The Temporary Speaker (Ms ) left the Chair at 1.30 pm.

The Speaker resumed the Chair at 2.15 pm. ______

4 SPEAKER’S STATEMENT—CENTENARY OF THE FIRST WORLD WAR

The Speaker made a statement in relation to the Centenary of the First World War and events which occurred in January and February 1917.

5 ELECTORAL DISTRICT OF CANTERBURY

The Speaker informed the House that the writ, issued on 23 September 2016, in accordance with section 70 of the Parliamentary Electorates and Elections Act 1912, for the election of a member to serve in the Legislative Assembly for the electoral district of Canterbury in place of Linda Jean Burney, resigned, had been returned with a certificate endorsed by the Electoral Commissioner advising of the election of 1042 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 14 February 2017

Sophie Cotsis to serve as member for the electoral district of Canterbury.

Ms Sophie Cotsis was introduced, took the pledge of loyalty, signed the roll of the House and took her seat as member for the electoral district of Canterbury.

6 ELECTORAL DISTRICT OF ORANGE

The Speaker informed the House that the writ, issued on 23 September 2016, in accordance with section 70 of the Parliamentary Electorates and Elections Act 1912, for the election of a member to serve in the Legislative Assembly for the electoral district of Orange in place of Andrew Robert Gee, resigned, had been returned with a certificate endorsed by the Electoral Commissioner advising of the election of to serve as member for the electoral district of Orange.

Mr Philip Donato was introduced, took the oath of allegiance, signed the roll of the House and took his seat as member for the electoral district of Orange.

7 ELECTORAL DISTRICT OF WOLLONGONG

The Speaker inform the House that the writ, issued on 23 September 2016, in accordance with section 70 of the Parliamentary Electorates and Elections Act 1912, for the election of a member to serve in the Legislative Assembly for the electoral district of Wollongong in place of Noreen Hay, resigned, had been returned with a certificate endorsed by the Electoral Commissioner advising of the election of Paul Scully to serve as member for the electoral district of Wollongong.

Mr Paul Scully was introduced, took the pledge of loyalty, signed the roll of the House and took his seat as member for the electoral district of Wollongong.

8 MINISTERIAL ANNOUNCEMENTS

(1) Mr , on behalf of Ms informed the House that on 23 January 2017, the Honourable Michael Bruce Baird submitted his resignation as Premier to His Excellency the Governor. His Excellency then commissioned the Honourable Gladys Berejiklian to form a new Ministry.

On the same day Gladys Berejiklian was sworn as a member of the Executive Council and as Premier, and Giovanni Domenic Barilaro was sworn as a member of the Executive Council and as Deputy Premier.

On 30 January 2017, Giovanni Domenic Barilaro was also sworn as Minister for Regional New South Wales, Minister for Skills, and Minister for Small Business, and 21 other members were appointed by His Excellency the Governor as members of the Executive Council and to the offices indicated:

The Honourable Dominic Francis Perrottet MP Treasurer, and Minister for Industrial Relations

The Honourable Niall Mark Blair MLC Minister for Primary Industries, Minister for Regional Water, and Minister for Trade and Industry

The Honourable Donald Thomas Harwin MLC Minister for Resources, Minister for Energy and Utilities, Minister for Arts, and Vice-President of the Executive Council

The Honourable Anthony John Roberts MP Minister for Planning, Minister for Housing, and Special Minister of State

The Honourable Andrew James Constance MP Minister for Transport and Infrastructure

1043 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 14 February 2017

The Honourable Bradley Ronald Hazzard MP Minister for Health, and Minister for Medical Research

The Honourable Robert Gordon Stokes MP Minister for Education

The Honourable Mark Raymond Speakman MP Attorney General

The Honourable Troy Wayne Grant MP Minister for Police, and Minister for Emergency Services

The Honourable Victor Michael Dominello MP Minister for Finance, Services and Property

The Honourable Prudence Jane Goward MP Minister for Family and Community Services, Minister for Social Housing, and Minister for the Prevention of Domestic Violence and Sexual Assault

The Honourable Paul Lawrence Toole MP Minister for Lands and Forestry, and Minister for Racing

The Honourable David Andrew Elliott MP Minister for Counter Terrorism, Minister for Corrections, and Minister for Veterans Affairs

The Honourable Gabrielle Cecelia Upton MP Minister for the Environment, Minister for Local Government, and Minister for Heritage

The Honourable Stuart Laurence Ayres MP Minister for Western , Minister for WestConnex, and Minister for Sport

The Honourable Melinda Jane Pavey MP Minister for Roads, Maritime and Freight

The Honourable Matthew John Kean MP Minister for Innovation and Better Regulation

The Honourable Adam John Marshall MP Minister for Tourism and Major Events, and Assistant Minister for Skills

The Honourable MP Minister for Mental Health, Minister for Women, and Minister for Ageing

The Honourable Sarah Mitchell MLC Minister for Early Childhood Education, Minister for Aboriginal Affairs, and Assistant Minister for Education

The Honourable Raymond Craig Williams MP Minister for Multiculturalism, and Minister for Disability Services.

(2) Mr Anthony Roberts informed the House of the representation of Legislative Council ministers in the Assembly:

The Minister for Lands and Forestry, and Minister for Racing representing the Minister for Primary Industries, Minister for Regional Water, and Minister for Trade and Industry.

1044 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 14 February 2017

The Minister for Planning, Minister for Housing, and Special Minister of State representing the Minister for Resources, Minister for Energy and Utilities, and Minister for Arts.

The Minister for Education representing the Minister for Early Childhood Education, Minister for Aboriginal Affairs, and Assistant Minister for Education.

(3) Mr Anthony Roberts also informed the House that on 1 February 2017, the following members were appointed as Parliamentary Secretaries, to the offices indicated:

Mr Kevin John Anderson MP Parliamentary Secretary for Regional Roads and Transport

The Honourable David Clarke MLC Parliamentary Secretary for Justice

The Honourable Richard Hargrave Colless MLC Parliamentary Secretary for Natural Resources and Western NSW

Mr Mark Joseph Coure MP Parliamentary Secretary for Transport and Infrastructure

The Honourable Catherine Eileen Cusack MLC Parliamentary Secretary for Education and the Hunter

The Honourable Scott Glynn Farlow MLC Parliamentary Secretary to the Premier (Leader of the House) in the Legislative Council

The Honourable Benjamin Cameron Franklin MLC Parliamentary Secretary for Renewable Energy and Northern NSW

Mr Christopher Gulaptis MP Parliamentary Secretary for Regional Planning

Mr Alister Andrew Henskens MP Parliamentary Secretary for Finance, Services and Property

Dr Geoffrey Lee MP Parliamentary Secretary to the Premier, Western Sydney and Multiculturalism

Mr Scot MacDonald MLC Parliamentary Secretary for Planning and the Central Coast

Mr Daryl William Maguire MP Parliamentary Secretary for the Centenary of ANZAC, Counter Terrorism, Corrections and Veterans

Mr Jonathan Richard O’Dea MP Parliamentary Secretary to the Premier and Treasurer

Mr Anthony MP Parliamentary Secretary to Cabinet

The Honourable Bronwyn Taylor MLC Parliamentary Secretary to the Deputy Premier and Southern NSW

Mr Gareth James Ward MP Parliamentary Secretary for the Illawarra and South Coast

1045 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 14 February 2017

Mrs Leslie Gladys Williams MP Parliamentary Secretary for Regional and Rural Health.

9 OPPOSITION ANNOUNCEMENTS

Mr Luke Foley informed the House of the election on 17 November 2016 of Anna Watson as Deputy Opposition Whip.

10 GOVERNMENT ANNOUNCEMENTS

Mr Anthony Roberts, on behalf of Ms Gladys Berejiklian, informed the House of the election on 7 February 2017 of Melanie Rhonda Gibbons as Deputy Government Whip.

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

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

DAVID HURLEY Government House Governor Sydney, 18 November 2016

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.

12 MESSAGES FROM THE GOVERNOR

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

23 November 2016

Act No. 63 Biodiversity Conservation Bill Act No. 64 Local Land Services Amendment Bill Act No. 65 Independent Commission Against Corruption Amendment Bill Act No. 66 Rock Fishing Safety Bill.

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

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

T F BATHURST Government House Lieutenant-Governor Sydney, 20 January 2017

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.

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

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

DAVID HURLEY Government House Governor Sydney, 21 January 2017

General David Hurley AC DSC (Ret’d), Governor of New South Wales has the honour to inform the 1046 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 14 February 2017

Legislative Assembly that he has re-assumed the administration of the Government of the State.

15 ELECTORAL DISTRICT OF MANLY

The Speaker advised the House that on 23 January 2017 she received a letter from Michael Bruce Baird resigning his seat as member for the electoral district of Manly.

Mr Anthony Roberts moved, That in accordance with section 70 of the Parliamentary Electorates and Elections Act 1912, the seat of the member for Manly be declared vacant, by reason of the resignation of Michael Bruce Baird.

Question put and passed.

16 TEMPORARY SPEAKER

The Speaker informed the House that pursuant to the provisions of standing order 20, she had nominated Geoffrey Keith Provest as a Temporary Speaker in place of Melinda Jane Pavey, due to her appointment as a Minister. Additionally, pursuant to standing order 20, the Speaker revoked the nomination of Melanie Rhonda Gibbons as a Temporary Speaker, due to her election as Deputy Government Whip.

17 APPOINTMENT OF CLERK OF THE LEGISLATIVE ASSEMBLY AND DEPUTY CLERK

The Speaker advised the House that on 13 February 2017, she had recommended to His Excellency the Governor that Helen Minnican be appointed as Clerk of the Legislative Assembly. The Speaker also advised the House of the appointment of Leslie Eric Gönye as Deputy Clerk.

18 MINISTERIAL STATEMENT—BUSHFIRES AND EXTREME WEATHER CONDITIONS

Ms Gladys Berejiklian made a statement in relation to the bushfire situation and extreme weather conditions across New South Wales on the weekend of 11 and 12 February 2017.

Mr Luke Foley also addressed the House.

19 NOTICES OF MOTIONS

20 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

Dr —Government Infrastructure Expenditure. Mr Luke Foley—Ministerial Appointments.

21 QUESTION TIME ______

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

(2) Following a request from Mr Kevin Anderson 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 Health, and Minister for Medical Research provided additional information. ______

22 INDEPENDENT COMMISSION AGAINST CORRUPTION

The Speaker, in accordance with section 78 of the Independent Commission Against Corruption Act 1047 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 14 February 2017

1988, announced receipt of the report of the Independent Commission Against Corruption entitled “Investigation into the conduct of a senior officer of the NSW Department of Justice and others”, dated November 2016 (received 22 November 2016).

Ordered to be printed.

23 NSW CHILD DEATH REVIEW TEAM

The Speaker, in accordance with section 34I of the Community Services (Complaints, Reviews and Monitoring) Act 1993, announced receipt of:

Report of the NSW Child Death Review Team for 2015, dated November 2016 (received 22 November 2016).

Report of the NSW Child Death Review Team entitled “Child Deaths from Vaccine Preventable Infectious Diseases, NSW 2005-2014”, dated August 2016 (received 22 November 2016).

Ordered to be printed.

24 INSPECTOR OF THE 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 Inspector of the Independent Commission Against Corruption entitled “Report Pursuant to sections 57B and 77A Independent Commission Against Corruption Act 1988: Operation “Dewar”: Kevin Pallier Complaint”, dated December 2016 (received 14 December 2016).

Ordered to be printed.

25 OMBUDSMAN

(1) The Speaker, in accordance with section 24 of the Law Enforcement (Controlled Operations) Act 1997, announced receipt of the report of the NSW Ombudsman entitled “Law Enforcement (Controlled Operations) Act 1997 Annual Report 2015-2016”, dated November 2016 (received 20 December 2016).

Ordered to be printed.

(2) The Speaker, in accordance with section 31AA of the Ombudsman Act 1974, announced receipt of the report of the Acting NSW Ombudsman entitled “Operation Prospect”, dated December 2016 (Volumes One to Six) (received 20 December 2016).

Ordered to be printed.

26 PARLIAMENTARY ETHICS ADVISER

The Speaker tabled the report of the Parliamentary Ethics Adviser for the year ended 30 June 2016.

27 AUDITOR-GENERAL

The Clerk, in accordance with section 63C of the Public Finance and Audit Act 1983, announced receipt of the following reports of the Auditor-General:

Financial Audit Report, Volume Seven 2016 (received 24 November 2016).

Financial Audit Report, Volume Eight 2016 (received 29 November 2016).

1048 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 14 February 2017

Performance Audit Report entitled “CBD and South East Light Rail Project: Transport for NSW” dated November 2016 (received 30 November 2016).

Financial Audit Report, Volume Nine 2016 (received 1 December 2016).

Financial Audit Report, Volume Ten 2016 (received 6 December 2016).

Financial Audit Report, Volume Eleven 2016 (received 8 December 2016).

Financial Audit Report, Volume Twelve 2016 (received 14 December 2016).

Financial Audit Report, Volume Thirteen 2016 (received 15 December 2016).

Performance Audit Report entitled “Assessing major development applications: Planning Assessment Commission”, dated January 2017 (received 19 January 2017).

28 ANNUAL REPORTS

(1) The Clerk, in accordance with section 167 of the Legal Profession Uniform Law Application Act 2014, announced receipt of the report of the Legal Services Council (incorporating the report of the Commissioner for Uniform Legal Services Regulation) for the year ended 30 June 2016 (received 25 November 2016).

(2) The Clerk, in accordance with section 11 of the Annual Reports (Statutory Bodies) Act 1984, announced receipt of the reports for the year ended 30 June 2016 of the:

Building Professionals Board (received 30 November 2016); and TAFE NSW (received 14 December 2016).

(3) The Clerk, in accordance with section 33 of the Radiation Control Act 1990, announced receipt of the report of the Radiation Advisory Council for the year ended 30 June 2016 (received 22 December 2016).

(4) The Clerk, in accordance with section 17 of the Public Defenders Act 1995, announced receipt of the report of the Public Defenders for the year ended 30 June 2016 (received 20 January 2017).

29 LEGISLATIVE ASSEMBLY COMMITTEE ON COMMUNITY SERVICES

The Clerk announced receipt of the report of the Legislative Assembly Committee on Community Services entitled “Access to transport for seniors and disadvantaged people in rural and regional NSW”, Report 1/56, dated December 2016 (received 19 December 2016).

30 PASSENGER TRANSPORT ACT

The Clerk, in accordance with section 46D of the Passenger Transport Act 1990, announced receipt of the Office of Transport Safety Investigations reports entitled:

“Bus Safety Investigation Report, School Child Pedestrian Fatality, Coolagolite, NSW, 8 August 2016” (received 19 December 2016).

“Bus Safety Investigation Report, Unmanned/uncontrolled movement resulting in driver fatality, Hurstville, 3 February 2016” (received 19 December 2016).

“Bus Safety Investigation Report, Unintentional Opening of Bus Rear Door, Point Clare, 19 May 2016” (received 19 December 2016).

“Bus Safety Investigation Report, Fire Involving State Transit Authority Bus MO 1414, Dudley, NSW, 1049 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 14 February 2017

28 April 2016” (received 19 December 2016).

“Bus Occurrence - Factual Statement, Bus TV1175 Loss of Control, Tamborine Mountain, near Wongawallan Qld, 18 March 2016” (received 19 December 2016).

“Ferry Safety Investigation Report, Rocks Rhythm Boat Loss of Control, White Bay, Port Jackson, 10 January 2016” (received 19 December 2016).

31 PUBLIC FINANCE AND AUDIT ACT

The Clerk, in accordance with section 63C of the Public Finance and Audit Act 1983, announced receipt of the NSW Budget 2016-17 Half-Yearly Review (received 21 December 2016).

32 JOINT STANDING COMMITTEE ON ELECTORAL MATTERS

The Clerk announced receipt of the Government Response to Report 1/56 of the Joint Standing Committee on Electoral Matters entitled “Inquiry into the Final Report of the Expert Panel - Political Donations and the Government Response” (received 22 December 2016).

33 SYDNEY WATER ACT

The Clerk, in accordance with section 33 of the Sydney Water Act 1994, announced receipt of the report of the Independent Pricing and Regulatory Tribunal entitled “Sydney Water Corporation Operational Audit 2015/16, Report to the Minister, Water – Compliance Report”, dated December 2016 (received 23 December 2016).

34 WATER NSW ACT

The Clerk, in accordance with section 111 of the Water NSW Act 2014, announced receipt of the report of the Independent Pricing and Regulatory Tribunal entitled “WaterNSW Operational Audit 2015/16, Report to the Minister, Water – Compliance Report”, dated December 2016 (received 23 December 2016).

35 LEGISLATIVE ASSEMBLY COMMITTEE ON INVESTMENT, INDUSTRY AND REGIONAL DEVELOPMENT

The Clerk announced receipt of the Government Response to Report 1/56 of the Legislative Assembly Committee on Investment, Industry and Regional Development entitled “Management of Sharks in New South Wales Waters” (received 23 December 2016).

36 GAMING MACHINE TAX ACT

The Clerk, in accordance with section 16 of the Gaming Machine Tax Act 2001, tabled the Alteration to the ClubGRANTS Guidelines for the Transition of Local Committees, dated January 2017.

37 LEGISLATION REVIEW COMMITTEE

Mr Michael Johnsen, Chair, tabled the report of the Legislation Review Committee entitled “Legislation Review Digest No. 30/56”, dated 14 February 2017.

Ordered to be printed.

Mr Michael Johnsen also tabled the minutes of the committee meeting regarding Legislation Review Digest No. 29/56.

1050 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 14 February 2017

38 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 14 November 2016

Confiscation of Proceeds of Crime Act 1989—Confiscation of Proceeds of Crime Amendment (Forms) Regulation 2016 (LW 18 November 2016).

Legal Profession Uniform Law—

(a) Legal Profession Uniform Admission Amendment (Qualifications and Supervision) Rule 2016 (LW 18 November 2016).

(b) Legal Profession Uniform Continuing Professional Development (Barristers) Amendment (Designated Local Regulatory Authority) Rule 2016 (LW 18 November 2016).

(c) Legal Profession Uniform Continuing Professional Development (Solicitors) Amendment (Designated Local Regulatory Authority) Rule 2016 (LW 18 November 2016).

(d) Legal Profession Uniform General Amendment (External Examiners) Rule 2016 (LW 18 November 2016).

Local Government Act 1993—Local Government (General) Amendment (Transitional Auditors) Regulation 2016 (LW 18 November 2016).

Mutual Recognition (New South Wales) Act 1992—Mutual Recognition (New South Wales) Temporary Exemptions Regulation 2016 (LW 17 November 2016).

Trans-Tasman Mutual Recognition (New South Wales) Act 1996—Trans-Tasman Mutual Recognition (New South Wales) Temporary Exemptions Regulation 2016 (LW 17 November 2016).

(2) For the week beginning 21 November 2016

Civil Procedure Act 2005—Uniform Civil Procedure (Amendment No. 80) Rule 2016 (LW 25 November 2016).

Liquor Act 2007—Liquor Amendment (Special Licence Conditions) Regulation (No. 2) 2016 (LW 25 November 2016).

Local Government Act 1993—Local Government (General) Amendment (Performance Management) Regulation 2016 (LW 25 November 2016).

Mental Health Act 2007—Mental Health Amendment (Prescribed Forms) Regulation 2016 (LW 25 November 2016).

Supreme Court Act 1970—Supreme Court (Amendment No. 430) Rule 2016 (LW 25 November 2016).

(3) For the week beginning 28 November 2016

Bail Act 2013—Bail Amendment (Exceptional Circumstances) Regulation 2016 (LW 2 December 2016).

Crimes (Domestic and Personal Violence) Act 2007—Crimes (Domestic and Personal Violence) Amendment (Apprehended Violence Orders) Regulation 2016 (LW 1 December 2016).

Government Sector Employment Act 2013—Government Sector Employment Amendment (Health 1051 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 14 February 2017

Service Senior Executives) Regulation 2016 (LW 2 December 2016).

Health Services Act 1997—Health Services Amendment (Senior Executive Transitional Arrangements) Regulation 2016 (LW 2 December 2016).

Mining Act 1992—Mining Legislation Amendment (Arbitration) Regulation 2016 (LW 1 December 2016).

Mining Act 1992 and Petroleum (Onshore) Act 1991—Approved Arbitration Procedures Order 2016 (GG No. 101 of 1 December 2016, p 3313).

National Parks and Wildlife Act 1974—

(a) Notices of reservation of a national park reserving lands as part of: Jervis Bay National Park (GG No. 104 of 2 December 2016, p 3370); Nattai National Park (GG No. 104 of 2 December 2016, p 3371); and Nightcap National Park (GG No. 104 of 2 December 2016, p 3372).

(b) Erratum (GG No. 104 of 2 December 2016, p 3370).

Petroleum (Onshore) Act 1991—Petroleum (Onshore) Legislation Amendment (Arbitration and Compensation) Regulation 2016 (LW 1 December 2016).

(4) For the week beginning 5 December 2016

Agricultural Industry Services Act 1998—Agricultural Industry Services Amendment (Recognised Foundation Instrument) Regulation 2016 (LW 9 December 2016).

Board of Studies, Teaching and Educational Standards Act 2013—Board of Studies, Teaching and Educational Standards Amendment Regulation 2016 (LW 9 December 2016).

Civil Procedure Act 2005—

(a) Supreme Court Practice Note SC EQ 1—Supreme Court Equity Division—Case Management in the Equity General List (GG No. 111 of 9 December 2016, p 3529).

(b) Uniform Civil Procedure (Amendment No. 81) Rule 2016 (LW 9 December 2016).

(c) Uniform Civil Procedure (Amendment No. 82) Rule 2016 (LW 9 December 2016).

(d) Uniform Civil Procedure (Amendment No. 83) Rule 2016 (LW 9 December 2016).

Crown Lands Act 1989—Proposed Revocation of Dedication of Crown Lands for a Public Purpose (GG No. 111 of 9 December 2016, p 3514).

Education Act 1990—Education Amendment Regulation 2016 (LW 9 December 2016).

Exhibited Animals Protection Act 1986—Exhibited Animals Protection Amendment (Standards) Regulation 2016 (LW 9 December 2016).

Motor Accidents Compensation Act 1999—Motor Accident Guidelines: Claims handling and medical (treatment, rehabilitation and care) (GG No. 111 of 9 December 2016, p 3369).

National Parks and Wildlife Act 1974—

(a) Notice of reservation of a national park reserving lands as part of Columbey National Park (GG No. 111 of 9 December 2016, p 3367).

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(b) Notice of reservation of a nature reserve reserving lands as part of Ellerslie Nature Reserve (GG No. 111 of 9 December 2016, p 3367).

(c) Notice of reservation of a regional park reserving lands as part of Wolli Creek Regional Park (GG No. 111 of 9 December 2016, p 3368).

Plant Diseases Act 1924—Plant Diseases (Lupin Anthracnose Biosecurity Zone) Order 2016 (GG No. 111 of 9 December 2016, p 3495).

Police Act 1990—Police Amendment (Commissioner’s Valour Award) Regulation 2016 (LW 7 December 2016).

Poppy Industry Act 2016—Poppy Industry Regulation 2016 (LW 9 December 2016).

Protection of the Environment Operations Act 1997—Protection of the Environment Operations (Clean Air) Amendment (Open Burning in Lake Macquarie City) Regulation 2016 (LW 9 December 2016).

Public Health Act 2010—Public Health Amendment (Pap Test Register) Regulation 2016 (LW 9 December 2016).

Teacher Accreditation Act 2004—Teacher Accreditation Amendment Regulation 2016 (LW 9 December 2016).

(5) For the week beginning 12 December 2016

Evidence (Audio and Audio Visual Links) Act 1998—Evidence (Audio and Audio Visual Links) Amendment (Bail Matters) Regulation 2016 (LW 16 December 2016).

Fisheries Management Act 1994—Fisheries Management Amendment (Noxious Fish) Regulation 2016 (LW 16 December 2016).

Health Services Act 1997—Health Services Further Amendment (Senior Executive Transitional Arrangements) Regulation 2016 (LW 16 December 2016).

Liquor Act 2007—Liquor Amendment Regulation 2016 (LW 16 December 2016).

Protection of the Environment Operations Act 1997—Protection of the Environment Operations (Hunter River Salinity Trading Scheme) Amendment Regulation 2016 (LW 16 December 2016).

Real Property Act 1900—Real Property Amendment (Priority Notices) Regulation 2016 (LW 16 December 2016).

Scrap Metal Industry Act 2016—Scrap Metal Industry Regulation 2016 (LW 16 December 2016).

Statutory and Other Offices Remuneration Act 1975 (1976 No 4)—Statutory and Other Offices Remuneration Tribunal Report and Determination Pursuant to Section 14 (2) (GG No. 117 of 16 December 2016, p 3710).

Supreme Court Act 1970—Supreme Court Practice Note SC CL 3—Supreme Court Common Law Division—Administrative and Industrial Law List (GG No. 117 of 16 December 2016, p 3715).

Surveillance Devices Act 2007—Surveillance Devices Amendment (Police Body-Worn Video) Regulation 2016 (LW 16 December 2016).

Workers Compensation Act 1987—

(a) Workers Compensation Amendment (Legal Costs) Regulation 2016 (LW 16 December 2016). 1053 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 14 February 2017

(b) Workers Compensation Amendment (Transitional Arrangements for Weekly Payments) Regulation 2016 (LW 16 December 2016).

(6) For the week beginning 19 December 2016

Education and Care Services National Law—Education and Care Services National Amendment Regulations 2016 (2016-810) (LW 23 December 2016).

Professional Standards Act 1994—Instrument Amending the RICS Valuers Limited Scheme (GG No. 120 of 23 December 2016, p 3852).

Statutory and Other Offices Remuneration Act 1975 (1976 No 4)—Statutory and Other Offices Remuneration Tribunal Report and Determination Pursuant to Section 14 (2) (GG No. 120 of 23 December 2016, p 3849).

Supreme Court Act 1970—Supreme Court Practice Note SC CL 2—Supreme Court Common Law Division—Criminal Proceedings (GG No. 120 of 23 December 2016, p 3856).

(7) For the week beginning 23 January 2017

Water Management Act 2000—Water Management (General) Amendment (Licences) Regulation 2017 (LW 27 January 2017).

39 PETITION SIGNED BY 10,000 OR MORE PERSONS

The Speaker announced that the following members had each lodged petitions for presentation signed by 10,000 or more persons:

Mr Anthony Roberts—from certain citizens requesting the Government implement rigorous assessment of coal and gas mining projects and strengthen the monitoring of existing operations and penalties for breaches.

Ms —from certain citizens requesting the Government restore funding to the Tweed Valley Women’s Service.

40 SUSPENSION OF STANDING AND SESSIONAL ORDERS—STATEMENT BY THE MEMBER FOR MURRAY

Mr Anthony Roberts moved, That standing and sessional orders be suspended at this sitting to permit the member for Murray making a statement in relation to the Education portfolio, for a period of up to 20 minutes, at the conclusion of consideration of the motion accorded priority.

Question put and passed.

41 INAUGURAL SPEECHES

Mr Anthony Roberts moved, That the business of the House be interrupted:

(1) On Tuesday 21 February 2017 at 4.00 pm to permit the presentation of an inaugural speech by the member for Wollongong.

(2) On Wednesday 22 February 2017 at:

(a) 1.00 pm to permit the presentation of an inaugural speech by the member for Orange; and (b) 5.00 pm to permit the presentation of an inaugural speech by the member for Canterbury. 1054 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 14 February 2017

Question put and passed.

42 PETITIONS

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

Mr —from certain citizens requesting that museum services be expanded around New South Wales and the Powerhouse Museum remain in Ultimo.

Mr Alex Greenwich—from certain citizens requesting new inner city ferries.

Mr Alex Greenwich—from certain citizens requesting the inclusion of a new ferry service as part of the Elizabeth Bay Marina upgrade.

Mr Alex Greenwich—from certain citizens requesting that a long-term lease be provided to the National Art School for its site, that it remains independent, and that the Government continue its funding until the Commonwealth Government agrees to fund it as an independent art institution.

Mr Alex Greenwich—from certain citizens requesting that the Sirius building be retained and continue to function as social housing.

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

(2) The Clerk announced that the following members had each lodged petitions for presentation signed by 500 or more persons:

Mr —from certain citizens requesting that the Government approve, fund and build a state secondary school in Pottsville.

Mr —from certain citizens requesting that the Government implement and fund the recommendations made in the Stockton Coastline Management Study (2009) - Coastal Zone Management Study Report.

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

The Hon. Troy Grant—lodged 18 October 2016—Requesting that the Legislative Assembly stop the closure of the greyhound racing industry and work towards the reform of the industry to create better animal welfare standards whilst maintaining job security—(Ms ).

The Hon. Adrian Piccoli—lodged 19 October 2016—Requesting an upgrade to the current heating system at Goulburn High School and Goulburn Public School—(Ms Pru Goward).

The Hon. Duncan Gay—lodged 19 October 2016—Requesting the installation of traffic lights and crossing on Bourke Street between Goldsmith and Clifford Streets, Goulburn—(Ms Pru Goward).

The Hon. Jillian Skinner—lodged 19 October 2016—Requesting that the Legislative Assembly rejects any moves towards the privatisation of the grounds or service delivery at Wyong Public Hospital—(Mr David Harris).

The Hon. Anthony Roberts—lodged 8 November 2016—Requesting that the Legislative Assembly pass the Wyong Special Area (Protection) Bill—(Mr David Harris).

1055 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 14 February 2017

The Hon. Adrian Piccoli—lodged 9 November 2016—Requesting that a long-term lease be provided to the National Art School for its site, that it remains independent, and that the Government continue its funding until the Commonwealth Government agrees to fund it as an independent art institution—(Mr Alex Greenwich).

The Hon. Jillian Skinner—lodged 9 November 2016—Requesting that the Legislative Assembly rejects any moves towards the privatisation of the grounds or service delivery at Wyong Public Hospital—(Mr ).

The Hon. —lodged 10 November 2016—Requesting the prioritisation of the construction of disability access and lifts at Lisarow Station—(Mr David Mehan).

The Hon. Andrew Constance—lodged 10 November 2016—Requesting the inclusion of a new ferry service as part of the Elizabeth Bay Marina upgrade—(Mr Alex Greenwich).

The Hon. —lodged 15 November 2016—Opposing the sale of public housing in Millers Point, Dawes Point and The Rocks—(Mr Alex Greenwich).

The Hon. Niall Blair—lodged 16 November 2016—Requesting that the Fisheries Business Structural Adjustment Program be passed and alternate options evaluated—(Mr David Mehan).

43 PLACING OR DISPOSAL OF BUSINESS—LAPSING OF GENERAL BUSINESS

The Speaker advised the House that in accordance with standing order 105 (3), general business orders of the (day for bills) no. 1 (Technical and Further Education Amendment (Funding Guarantee for TAFE) Bill) and no. 2 (Greyhound Racing Amendment (Greyhound Racing Integrity Commission) Bill), and general business notices of motions (general notices) nos 1061 to 1083, 1085 to 1096, 1098 to 1152, 1154 to 1204, and 1206 to 1274, had lapsed.

44 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 Luke Foley also made a statement in support of his notice being accorded priority—

That this House:

(1) Regrets that New South Wales has a weak Premier who holds office at the pleasure and mercy of the factional operators, lobbyists and lurk merchants who run the Liberal Party.

(2) Notes that the current Ministry is the result of so many factional deals that do not serve the best interest of the community.

(3) Expresses its concern that deep divisions within the Government have lead to the creation of a counter terrorism ministry which will only create duplication and confusion in the police ministry.

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

The House divided.

AYES 50

Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Ms 1056 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 14 February 2017

Gibbons, Ms Goward, Mr Grant, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, 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 Piccoli, Mr Piper, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.

Tellers: Mr Bromhead and Mr Patterson.

NOES 36

Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Ms Cotsis, Mr Crakanthorp, Mr Daley, Mr Dib, Mr Donato, Ms Doyle, Ms Finn, Mr Foley, 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 Robertson, Mr Scully, Ms T.F. Smith, Mr Warren, Ms Washington and Mr Zangari.

Tellers: Mr Lalich and Ms Watson. In the Chair: Mr George.

Pairs: Mrs Hancock—Ms Haylen and Mrs Skinner—Ms K. Smith.

Question passed.

45 MOTION ACCORDED PRIORITY—GOVERNMENT INFRASTRUCTURE EXPENDITURE

Dr Geoff Lee moved, pursuant to notice, That this House:

(1) Notes the Government’s record spending on infrastructure is a key driver of economic growth.

(2) Condemns the Opposition for leaving behind a $30 billion infrastructure backlog.

(3) Welcomes the Government’s $73 billion infrastructure investment over the next four years.

Debate ensued.

Question put.

The House divided.

AYES 49

Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Donato, Mr Elliott, Mr Evans, Mr Fraser, Ms Gibbons, Ms Goward, Mr Grant, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, 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 Piccoli, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward and Mrs Williams.

Tellers: Mr Bromhead and Mr Patterson.

NOES 36

Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Ms Cotsis, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, 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 Robertson, Mr Scully, Ms T.F. Smith, Mr Warren, Ms Washington and Mr Zangari.

1057 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 14 February 2017

Tellers: Mr Lalich and Ms Watson. In the Chair: Mr George.

Pair: Mrs Skinner—Ms Haylen.

Question passed.

46 MEMBER FOR MURRAY

Pursuant to the resolution of the House, Mr Adrian Piccoli made a statement in relation to the education portfolio.

47 TRANSPORT ADMINISTRATION AMENDMENT (INDEPENDENT TRANSPORT SAFETY REGULATOR) BILL

Mr Andrew Constance moved, pursuant to notice, That a bill be now introduced for an Act to amend the Transport Administration Act 1988 to abolish the Independent Transport Safety Regulator and to make consequential amendments to other legislation.

Question put and passed.

Bill introduced and read a first time.

Mr Andrew Constance moved, That this bill be now read a second time.

Debate adjourned (Ms ) and the resumption of the debate made an order of the day for a future day.

48 FINES AMENDMENT BILL

Mr moved, pursuant to notice, That a bill be now introduced for an Act to amend the Fines Act 1996 with respect to civil enforcement of fines; to enable the enforcement under that Act of amounts payable under orders for restitution; and to make related amendments to the Victims Rights and Support Act 2013.

Question put and passed.

Bill introduced and read a first time.

Mr Victor Dominello moved, That this bill be now read a second time.

Debate adjourned (Mr ) and the resumption of the debate made an order of the day for a future day.

49 MOTOR RACING LEGISLATION AMENDMENT (NEWCASTLE 500) BILL

Mr moved, pursuant to notice, That a bill be now introduced for an Act to amend the Homebush Motor Racing (Sydney 400) Act 2008 to facilitate the conduct of an annual motor race and associated races and events at Newcastle.

Question put and passed.

Bill introduced and read a first time.

Mr Adam Marshall moved, That this bill be now read a second time.

Debate adjourned (Ms Julia Finn) and the resumption of the debate made an order of the day for a future day. 1058 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 14 February 2017

50 PRIVATE MEMBERS’ STATEMENTS

51 ADJOURNMENT

The House adjourned, pursuant to standing and sessional orders, at 5.59 pm, until tomorrow, at 10.00 am.

Attendance: All members present except Mr Alex Greenwich, Ms , Mrs Jillian Skinner and Ms Kathy Smith.

HELEN MINNICAN Clerk of the Legislative Assembly Speaker ______

Authorised by the Parliament of New South Wales