LEGISLATIVE ASSEMBLY OF VICTORIA

VOTES AND PROCEEDINGS Nos 72 and 73

No 72 — Thursday 17 September 2020

1 The House met in accordance with the adjournment and the terms of the resolution of 3 September 2020 — 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 4 September 2020 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 Richard Di Natale and that Lidia Thorpe was duly chosen to hold the vacant place.

3 WORKER SCREENING BILL 2020 — Ms Hennessy introduced ‘A Bill for an Act to provide for the screening of persons working with or caring for children or providing supports or services to persons with a disability under the National Disability Insurance Scheme, to repeal the Working with Children 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.

4 COVID-19 OMNIBUS (EMERGENCY MEASURES) AND OTHER ACTS AMENDMENT BILL 2020 — Ms Hennessy introduced ‘A Bill for an Act to amend the COVID-19 Omnibus (Emergency Measures) Act 2020 and other Acts to extend the operation of temporary modifications to the law of Victoria enacted for the purpose of responding to the COVID-19 pandemic and to provide for new temporary modifications to the law of Victoria for the purpose of responding to, and relating to, the COVID-19 pandemic 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 Hennessy 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 Hennessy).

The second reading speech was incorporated into Hansard.

Motion made and question — That the debate be now adjourned (Mr O’Brien, Malvern) — put and agreed to.

Ordered — That the debate be adjourned until tomorrow.

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5 CONSUMER LEGISLATION AMENDMENT BILL 2020 — Ms Horne introduced ‘A Bill for an Act to make amendments to the Residential Tenancies Amendment Act 2018 and the Retirement Villages Act 1986 and for other purposes’; and, after debate, the Bill was read a first time and ordered to be read a second time tomorrow.

6 DOCUMENTS

SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — Ms Kilkenny tabled the Alert Digest No 8 of 2020 from the Scrutiny of Acts and Regulations Committee on the:

Cladding Safety Victoria Bill 2020 COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Bill 2020 Education and Training Reform Amendment (School Employment) Bill 2020 Human Tissue Amendment Bill 2020 Public Health and Wellbeing Amendment (State of Emergency Extension and Other Matters) Act 2020 State Taxation Acts Amendment (Relief Measures) Act 2020 Victorian Law Reform Commission Amendment Bill 2020

together with appendices.

Ordered to be published.

LEGAL AND SOCIAL ISSUES STANDING COMMITTEE — Ms Suleyman, Chair, tabled a report from the Legal and Social Issues Standing Committee on the Inquiry into early childhood engagement of culturally and linguistically diverse communities, together with appendices and transcripts of evidence.

Report and appendices ordered to be published.

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

Advancing the Treaty Process with Aboriginal Victorians Act 2018:

Advancing the Victorian Treaty Process — Report 2019–20 First Peoples’ Assembly of Victoria — Report period ended 31 August 2020

Auditor-General — Victoria’s Homelessness Response — Ordered to be published

Emergency Management Act 1986 — Report to Parliament on declaration of State of Disaster — Coronavirus (COVID-19) pandemic — Report 2

Improving Cancer Outcomes Act 2014 — Victorian cancer plan 2020–24: Improving cancer outcomes for all Victorians

Interpretation of Legislation Act 1984 — Notice under s 32(3)(a)(iii) in relation to Statutory Rule 48 (Gazette G31, 6 August 2020)

Votes and Proceedings 17 and 18 September 2020 393

National Parks Act 1975 — Consent to LV Blue Metal Proprietary Limited to conduct operations within Tyers Park to search for stone

Ombudsman — Investigation into review of parking fines by the City of Melbourne — Ordered to be published

Planning and Environment Act 1987 — Notices of approval of amendments to the following Planning Schemes:

Ballarat — C211 Banyule — GC158 Bass Coast — C153 Baw Baw — C141 Campaspe — C111 Cardinia — GC158 Casey — C207 Part 2, C265 Central Goldfields — C32 Frankston — GC158 Glen Eira — C205 Golden Plains — C89 Greater Geelong — C394 Greater Shepparton — C221, GC135 Hepburn — C79 Hume — GC135, GC158 Latrobe — C92 Macedon Ranges — C132 Manningham — GC158 Maroondah — C138 Melbourne — C369, C372, C397 Mitchell — GC135, GC171 Moonee Valley — C193, C210 Moorabool — C86 Mornington Peninsula — GC158 Moyne — GC171 Nillumbik — GC158 Port Phillip — C176 Pyrenees — GC171 Stonnington — C309 Strathbogie — GC135 Whittlesea — C233, GC135, GC158 Wyndham — C219, C239 Yarra — C220, C283 Yarra Ranges — GC171

Public Health and Wellbeing Act 2008 — Report to Parliament on the Extension of the Declaration of a State of Emergency

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Statutory Rules under the following Acts:

Administration and Probate Act 1958 — SR 89 City of Melbourne Act 2001 — SR 92 Gambling Regulation Act 2003 — SR 90 Local Government Act 2020 — SR 92 Long Service Benefits Portability Act 2018 — SR 91 Supreme Court Act 1986 — SR 89

Subordinate Legislation Act 1994 — Documents under s 15 in relation to Statutory Rules 83, 89, 91, 92

Victorian Law Reform Commission — Committals — Ordered to be published.

PROCLAMATION — Under Standing Order 177A, the Clerk tabled the following proclamation fixing an operative date:

Justice Legislation Amendment (Police and Other Matters) Act 2019 — Sections 50 and 51 — 16 September 2020 (Gazette S465, 15 September 2020).

7 MESSAGES FROM THE LEGISLATIVE COUNCIL — Agreeing to the following bills without amendment:

COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Bill 2020 Retail Leases Amendment Bill 2019.

8 MESSAGE FROM THE GOVERNOR — ASSENT TO BILL — Informing the Legislative Assembly that she had, on 8 September 2020, given the royal assent to the Public Health and Wellbeing Amendment (State of Emergency Extension and Other Matters) Bill 2020, presented to her by the Clerk of the Parliaments.

9 MESSAGES FROM THE GOVERNOR — Recommending appropriations for the purposes of the following bills:

Cladding Safety Victoria Bill 2020 COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Bill 2020.

10 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 Friday 18 September 2020:

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Bill 2020 National Energy Legislation Amendment Bill 2020 Police and Emergency Legislation Amendment Bill 2020

(Mr Pakula) — after debate, put.

Votes and Proceedings 17 and 18 September 2020 395

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

AYES 12

Chris Brayne; ; ; ; ; ; ; Katie Hall; ; ; ; .

NOES 8

Cindy McLeish; Danny O’Brien; Michael O’Brien; ; Brad Rowswell; Ryan Smith; ; Peter Walsh.

Question agreed to.

The following members, who were not in attendance for the division, registered their opinion on the question:

AYES

Juliana Addison; ; ; ; ; ; Sarah Connolly; ; ; Lily D’Ambrosio; ; ; ; Martin Foley; ; Matt Fregon; Jill Hennessy; ; ; ; John Kennedy; ; Stephen McGhie; Frank McGuire; ; ; ; Danny Pearson; ; Tim Richardson; ; ; ; ; ; ; ; Kat Theophanous; Mary-Anne Thomas; ; ; .

NOES

Sam Hibbins; David Morris; ; ; ; .

11 NATIONAL ENERGY LEGISLATION AMENDMENT BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.

Business was interrupted at 12.00 noon under the resolution of the House on Thursday 3 September 2020.

12 QUESTIONS WITHOUT NOTICE AND MINISTERS’ STATEMENTS

13 NATIONAL ENERGY LEGISLATION AMENDMENT BILL 2020 — Debate resumed on question — That this Bill be now read a second time.

Business was interrupted at 2.00 pm under the resolution of the House on Thursday 3 September 2020.

14 GRIEVANCES — Question — That grievances be noted — after debate, put and agreed to.

15 NATIONAL ENERGY LEGISLATION AMENDMENT BILL 2020 — Debate resumed on question — That this Bill be now read a second time.

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

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

16 POLICE AND EMERGENCY LEGISLATION AMENDMENT BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.

Mr Southwick 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 5.00 pm under the resolution of the House on Thursday 3 September 2020.

17 ADJOURNMENT — The Acting Speaker announced that the time for the adjournment of the House had arrived and left the Chair at 5.00 pm.

BRIDGET NOONAN COLIN BROOKS MP Clerk of the Legislative Assembly Speaker

No 73 — Friday 18 September 2020

1 The House met in accordance with the terms of the resolution of 3 September 2020 — The Speaker took the Chair, read the Prayer and made an Acknowledgement of Country.

2 DOCUMENTS

GOVERNMENT RESPONSE TO THE COMMUNITY VISITORS REPORT 2018–19 — Report tabled by leave (Mr Donnellan).

INSPECTOR-GENERAL FOR EMERGENCY MANAGEMENT — Inquiry into the 2019–20 Victorian fire season: Phase 1 — Community and sector preparedness for and response to the 2019–20 fire season tabled by leave (Mr Pakula on behalf of Ms Neville).

DOCUMENTS TABLED UNDER AN ACT OF PARLIAMENT — The Clerk tabled the following documents under an Act of Parliament:

Planning and Environment Act 1987 — Notices of approval of amendments to the following Planning Schemes:

Ballarat — C216 Part 2

Votes and Proceedings 17 and 18 September 2020 397

Cardinia — C241 Corangamite — C52 Greater Dandenong — C226 Greater Geelong — C420 Moreland — C206 Mount Alexander — C93.

3 SITTING OF THE HOUSE — Motion made and question — That:

(1) The House, at its rising, adjourns until Tuesday 13 October 2020, or an earlier day and hour to be fixed by the Speaker.

(2) If, in the opinion of the Speaker, the next scheduled sitting or a rescheduled sitting should not proceed on the basis of health advice, the Speaker will consult with the Leader of the House and the Manager of Opposition Business to delay the next meeting and set a future day and hour to meet.

(3) The Speaker will notify members of any changes to the next sitting date

(Mr Pakula) — after debate, put and agreed to.

4 WORKER SCREENING BILL 2020 — Ms Hennessy 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 Hennessy).

The second reading speech was incorporated into Hansard.

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

Ordered — That the debate be adjourned for two weeks. Debate adjourned until Friday 2 October 2020.

5 CONSUMER LEGISLATION AMENDMENT BILL 2020 — Ms Horne 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 Horne).

The second reading speech was incorporated into Hansard.

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

Ordered — That the debate be adjourned for two weeks. Debate adjourned until Friday 2 October 2020.

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6 COVID-19 OMNIBUS (EMERGENCY MEASURES) AND OTHER ACTS AMENDMENT BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.

Dr Read 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 2.00 pm under the resolution of the House on Thursday 3 September 2020.

7 QUESTIONS WITHOUT NOTICE AND MINISTERS’ STATEMENTS

8 COVID-19 OMNIBUS (EMERGENCY MEASURES) AND OTHER ACTS AMENDMENT 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 (Mr Donnellan) — put and agreed to.

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

9 NATIONAL ENERGY LEGISLATION AMENDMENT BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.

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

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

10 POLICE AND EMERGENCY LEGISLATION AMENDMENT BILL 2020 — Order read for resuming debate on question — That this Bill be now read a second time; debate resumed.

Allocation of time — The Speaker advised that the time allocated for consideration of bills under the resolution of the House on Thursday 17 September 2020 had expired.

Question — That this Bill be now read a second time — put.

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

AYES 30

Chris Brayne; ; Anthony Carbines; Ben Carroll; Sarah Connolly; Lily D’Ambrosio; Martin Foley; Katie Hall; Marlene Kairouz; John Kennedy; Sonya Kilkenny; Gary Maas; Frank McGuire; Cindy McLeish; James Merlino; Michael O’Brien; Martin Pakula; Tim Pallas; Danny Pearson; Pauline Richards; Brad Rowswell; Ryan Smith; Ros Spence; Nick Staikos; Natalie Suleyman; Meng Heang Tak; Kat Theophanous; Peter Walsh; ; Gabrielle Williams.

Votes and Proceedings 17 and 18 September 2020 399

NOES 3

Sam Hibbins; Tim Read; .

Question agreed to.

The following members, who were not in attendance for the division, registered their opinion on the question:

AYES

Juliana Addison; Jacinta Allan; Daniel Andrews; Lizzie Blandthorn; Darren Cheeseman; Christine Couzens; Jordan Crugnale; Steve Dimopoulos; Luke Donnellan; Maree Edwards; John Eren; Matt Fregon; Danielle Green; Paul Hamer; Jill Hennessy; Melissa Horne; Natalie Hutchins; Stephen McGhie; Lisa Neville; Russell Northe; Tim Richardson; Robin Scott; Suzanna Sheed; Jackson Taylor; Mary-Anne Thomas; Vicki Ward; Richard Wynne.

NOES

Ali Cupper.

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 COVID-19 OMNIBUS (EMERGENCY MEASURES) AND OTHER ACTS 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 39

Chris Brayne; Josh Bull; Anthony Carbines; Ben Carroll; Sarah Connolly; Lily D’Ambrosio; Steve Dimopoulos; Luke Donnellan; Paul Edbrooke; Martin Foley; Matt Fregon; Bronwyn Halfpenny; Katie Hall; Dustin Halse; Paul Hamer; Jill Hennessy; Sam Hibbins; Melissa Horne; Natalie Hutchins; Marlene Kairouz; John Kennedy; Sonya Kilkenny; Gary Maas; Frank McGuire; James Merlino; Martin Pakula; Tim Pallas; Danny Pearson; Tim Read; Pauline Richards; Ellen Sandell; Ros Spence; Nick Staikos; Natalie Suleyman; Meng Heang Tak; Jackson Taylor; Kat Theophanous; Vicki Ward; Gabrielle Williams.

NOES 21

Neil Angus; ; Roma Britnell; ; ; Tim McCurdy; Cindy McLeish; David Morris; James Newbury; Danny O’Brien; Michael O’Brien; Richard Riordan; Brad Rowswell; Ryan Smith; Tim Smith; David Southwick; Louise Staley; ; ; Peter Walsh; Kim Wells.

Question agreed to.

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The following members, who were not in attendance for the division, registered their opinion on the question:

AYES

Juliana Addison; Jacinta Allan; Daniel Andrews; Lizzie Blandthorn; Darren Cheeseman; Christine Couzens; Jordan Crugnale; ; Maree Edwards; John Eren; Danielle Green; Stephen McGhie; Lisa Neville; Tim Richardson; Robin Scott; Suzanna Sheed; Mary-Anne Thomas; Richard Wynne.

NOES

Russell Northe; .

Bill sent to the Legislative Council and their agreement requested.

12 NATIONAL ENERGY 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 and agreed to.

Bill sent to the Legislative Council and their agreement requested.

Business was interrupted at 5.28 pm under the resolution of the House on Thursday 3 September 2020.

13 ADJOURNMENT — The Speaker announced that the time for the adjournment of the House had arrived and 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