Minutes of Proceedings

207

LEGISLATIVE COUNCIL

MINUTES OF PROCEEDINGS

No. 9

TUESDAY 18 JUNE 2019

Contents

1 Meeting of the House ...... 209 2 Assent to Bills ...... 209 3 Mai-Wel Group 2019 Annual Gala Ball (Formal Business) ...... 209 4 Paper—Tabled by Minister ...... 210 5 Paper—Tabled by Minister ...... 210 6 Selection of Bills Committee—Report ...... 210 7 Statutory Rules and Instruments—Tabled by the Clerk ...... 210 8 Auditor-General—Report...... 211 9 Joint Committee on the Health Care Complaints Commission—Government's Response to Report ...... 211 10 Public Accountability Committee—Government's Response to Report ...... 211 11 Notices of Motions ...... 211 12 Notice of Motion Withdrawn ...... 211 13 Select Committee on the Use of Battery Cages for Hens in the Egg Production Industry— Membership ...... 211 14 Papers—Budget Papers 2019-2020—Tabled by Minister ...... 212 15 Budget Estimates 2019-2020—Take Note ...... 212 16 Ageing and Disability Commissioner Bill 2019 ...... 212 17 Business Postponed ...... 220 18 Address-in-Reply to the Governor's Opening Speech ...... 220 19 Questions ...... 221 20 Take Note of Answers to Questions ...... 221 21 Messages from the Legislative Assembly ...... 221 22 Business Postponed ...... 226 23 Portfolio Committee No. 2 – Health and Community Services—Take Note of Report ...... 226 24 Portfolio Committee No. 3 – Education—Take Note of Report ...... 226 25 Portfolio Committee No. 1 – Premier and Finance—Take Note of Report ...... 226 26 Portfolio Committee No. 5 – Industry and Transport—Take Note of Report ...... 226 27 Business Postponed ...... 228 28 Portfolio Committee No. 4 – Legal Affairs—Take Note of Report ...... 228 29 Business Postponed ...... 228 30 Standing Committee on Social Issues—Take Note of Report...... 228 31 Answers to Questions Without Notice ...... 228

208 Legislative Council Minutes No. 9—Tuesday 18 June 2019

32 Adjournment ...... 228 33 Attendance ...... 229

209 Legislative Council Minutes No. 9—Tuesday 18 June 2019

1 MEETING OF THE HOUSE

The House met at 2.30 pm according to adjournment. The President took the Chair and read the prayers.

The President acknowledged the Gadigal clan of the Eora nation and its elders and thanked them for their custodianship of this land.

2 ASSENT TO BILLS

The President reported receipt of messages from Her Excellency the Governor intimating assent to the following bills: Act No. 17 June 2019 2019

Library Amendment Bill 2019 ...... 1 Statute Law (Miscellaneous Provisions) Bill 2019 ...... 2

3 MAI-WEL GROUP 2019 ANNUAL GALA BALL (Formal Business)

Mrs Maclaren-Jones (on behalf of Mr Martin) moved, according to notice:

1. That this House notes that:

(a) the Mai-Wel Group's annual gala ball is a popular event in Maitland that raises thousands of dollars to assist Mai-Wel in the work it does for the community,

(b) the 2019 event raised funds to support participants with complex and high support needs at Mai-Wel’s lifestyle and leisure centre, The Hill in Telarah,

(c) in attendance at the ball were: (i) Minister for Families, Communities and Disability Services, The Honourable Gareth Ward MP, (ii) Member of the Legislative Council, The Honourable Taylor Martin MLC, (iii) Member for Maitland, Ms Jenny Aitchison MP, (iv) Member for Port Stephens, Ms Kate Washington MP, (v) Member for Paterson, Ms Meryl Swanson MP, (vi) Mayor of Maitland City Council, Cr Loretta Baker, (vii) Deputy Mayor of Maitland City Council, Cr Mitchell Griffin, (viii) Maitland City Councillors, Cr Sally Halliday, Cr Ben Mitchell, Cr Kanchan Ranadive and Cr Robert Aitchison, (ix) Deputy Mayor of Bega Valley Shire, Cr Mitchell Nadin, (x) Members of The Mai-Wel Group Board of Directors,

(d) the Mai-Wel Group was established in 1960 and provides vital disability services in the Hunter region to allow people with a disability to achieve their dreams and goals for life, and

(e) the group specialises in social and recreational support, personal and professional development, and living services.

2. That this House congratulates the Mai-Wel Group on the successful 2019 gala ball held on 27 April 2018 at the Maitland Town Hall.

Question put and passed.

210 Legislative Council Minutes No. 9—Tuesday 18 June 2019

4 PAPER—TABLED BY MINISTER

Mrs Ward tabled correspondence to the Clerk of the Parliaments, providing answers to questions raised by Mr Secord during debate on the Statute Law (Miscellaneous Provisions) Bill 2019, dated 17 June 2019.

Ordered: That the document be printed.

5 PAPER—TABLED BY MINISTER

Mr Farlow, according to the Public Interest Disclosures Act 1994, tabled a report of the Public Interest Disclosures Steering Committee for year ended 30 June 2018.

Ordered: That the report be printed.

6 SELECTION OF BILLS COMMITTEE—REPORT

The Chair (Mrs Maclaren-Jones) tabled Report No. 20 of the Selection of Bills Committee, dated 18 June 2019.

Ordered: That the report be printed.

Mrs Maclaren-Jones moved, according to paragraph 4(1) of the resolution establishing the Selection of Bills Committee: That the following bills not be referred to a standing committee for inquiry and report, this day:

(a) Local Government Amendment Bill 2019,

(b) Parliamentary Budget Officer Amendment Bill 2019,

(d) Plastic Shopping Bags (Prohibition on Supply by Retailers) Bill 2019.

Question put and passed.

7 STATUTORY RULES AND INSTRUMENTS—TABLED BY THE CLERK

The Clerk tabled the following statutory rules and instruments, published on the NSW Legislation website or in the Government Gazette to Friday 14 June 2019:

(1) Driving Instructors Act 1992—Driving Instructors Amendment (Fees) Regulation 2019 (LW 14/06/2019).

(2) Health Practitioner Regulation National Law (NSW)—Health Practitioner Regulation (New South Wales) Amendment (Paramedicine Council) Regulation 2019 (LW 14/06/2019).

(3) Marine Safety Act 1998—Marine Safety Amendment (Fees) Regulation 2019 (LW 14/06/2019).

(4) Photo Card Act 2005—Photo Card Amendment (Fees and Penalty Notice Offences) Regulation 2019 (LW 14/06/2019).

(5) Ports and Maritime Administration Act 1995—Ports and Maritime Administration Amendment (Fees) Regulation 2019 (LW 14/06/2019).

211 Legislative Council Minutes No. 9—Tuesday 18 June 2019

(6) Professional Standards Act 1994—Instrument amending the Australian Property Institute Valuers Limited Professional Standards Scheme (Gazette 59, 12/06/2019, n2019-1587).

(7) Road Transport Act 2013—Road Transport Legislation Amendment (Fees, Penalty Levels and Charges) Regulation 2019 (LW 14/06/2019).

(8) Roads Act 1993—Roads Amendment (Penalty Notice Offences) Regulation 2019 (LW 14/06/2019).

(9) Water Management Act 2000—Water Management (General) Amendment (Upper Namoi Floodplain) Regulation 2019 (LW 07/06/2019).

8 AUDITOR-GENERAL—REPORT

The Clerk, according to the Public Finance and Audit Act 1983, announced receipt of a Performance Audit report of the Auditor-General entitled "Biosecurity risk management", dated 18 June 2019, received out of session and authorised to be printed this day.

9 JOINT COMMITTEE ON THE HEALTH CARE COMPLAINTS COMMISSION— GOVERNMENT'S RESPONSE TO REPORT

The Clerk, according to standing order, announced receipt of the Government's response to Report No. 4/56 of the Committee on the Health Care Complaints Commission entitled "Cosmetic Health Service Complaints in New South Wales", tabled 20 November 2018, received out of session and authorised to be printed on 17 June 2019.

10 PUBLIC ACCOUNTABILITY COMMITTEE—GOVERNMENT'S RESPONSE TO REPORT

The Clerk, according to standing order, announced receipt of the Government's response to Report No. 1 of the Public Accountability Committee entitled "The impact of the WestConnex Project", tabled 17 December 2018, received out of session and authorised to be printed on 17 June 2019.

11 NOTICES OF MOTIONS

12 NOTICE OF MOTION WITHDRAWN

Mr Latham withdrew private members' business item no. 54 outside the order of precedence relating to procedures for consideration of bills.

13 SELECT COMMITTEE ON THE USE OF BATTERY CAGES FOR HENS IN THE EGG PRODUCTION INDUSTRY—MEMBERSHIP

The President informed the House that the Clerk had received the following nominations for membership of the Select Committee on the Use of Battery Cages for Hens in the Egg Production Industry from the Government Whip and the Leader of the Opposition in the Legislative Council:

Government: Mr Amato, Mr Franklin, Mr Martin Opposition: Mrs Houssos, Ms Jackson.

The President further informed the House that, on 13 June 2019, the Leader of the Opposition had nominated Mrs Houssos as Deputy Chair of the committee.

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14 PAPERS—BUDGET PAPERS 2019-2020—TABLED BY MINISTER

Mr Harwin tabled the following papers:

(1) Budget Paper No. 1—Budget Statement 2019-2020.

(2) Budget Paper No. 2—Infrastructure Statement 2019-2020.

(3) Budget Paper No. 3—Budget Estimates 2019-2020.

(4) Budget Speech 2019-2020.

Ordered: That the documents be printed.

15 BUDGET ESTIMATES 2019-2020—TAKE NOTE

Mr Harwin moved, by leave and without notice: That the House take note of the Budget Estimates and related papers for the financial year 2019-2020.

Leave granted for the Treasurer's speech to be incorporated in Hansard.

Motion made (Mr Harwin speaking) and question: That this debate be now adjourned until next sitting day—put and passed.

16 AGEING AND DISABILITY COMMISSIONER BILL 2019

On the order of the day being read, the President left the Chair and the House sat as a committee of the whole for further consideration of this bill. ______

The Chair of Committees took the Chair.

Resumption of the interrupted debate of the question on the motion of Mr Banasiak—That Shooters, Fishers and Farmers amendment no. 1 on sheet c2019-010 be agreed to—

No. 1 Mandatory reporting

27 Mandatory reporting (1) This section applies to a person who holds a management position in an organisation the duties of which include direct responsibility for, or direct supervision of, the provision of health care, welfare, education, residential services or law enforcement, wholly or partly, to adults with disability or older adults. (2) If a person to whom this section applies has reasonable grounds to believe an adult with disability or older adult is subject to serious abuse, neglect or exploitation, and those grounds arise during the course of or from the person’s work, it is the duty of the person to make a report, as soon as practicable, to the Commissioner under section 13. Debate resumed.

Question put and negatived.

Amendment negatived.

213 Legislative Council Minutes No. 9—Tuesday 18 June 2019

Ms Sharpe, by leave, moved Opposition amendments nos 1, 2, 3, 4, 5, 6 and 7 on sheet c2019-015B, in globo—

No. 1 Ageing and Disability Advisory Board

Page 15, clause 27 (2), lines 4–5. Omit “relating to the abuse, neglect or exploitation of adults with disability and older adults”.

No. 2 Ageing and Disability Advisory Board

Page 15, clause 27 (3), lines 7 and 8. Omit “Minister who, in the opinion of the Minister,”. Insert instead “Commissioner who, in the opinion of the Commissioner”.

No. 3 Ageing and Disability Advisory Board

Page 15, clause 27 (4), lines 10 and 11. Omit all words on those lines. Insert instead:

(4) The Board must include the following appointed members: (a) at least 3 persons with disability, (b) at least 3 older adults, (c) at least 2 persons who reside outside the Greater Sydney Region (within the meaning of the Greater Sydney Commissioner Act 2015), (d) at least 2 Aboriginal or Torres Strait Islander persons, (e) at least 2 persons from culturally or linguistically diverse backgrounds, (f) at least 2 persons representing non-government organisations that advocate for people with disability, (g) at least 2 persons representing non-government organisations that advocate for older adults, (h) at least 2 persons representing industrial organisations of employees who provide care and other services for people with disability and older adults.

No. 4 Ageing and Disability Advisory Board

Page 15, clause 27 (6), line 14. Omit “Minister is to appoint”. Insert instead “Board is to elect”.

No. 5 Ageing and Disability Advisory Board

Page 15, clause 27 (8), line 19. Omit “Minister”. Insert instead “Commissioner”.

No. 6 Ageing and Disability Advisory Board

Page 15, clause 27 (9), line 20. Omit “Minister”. Insert instead “Commissioner”.

No. 7 Ageing and Disability Advisory Board

Page 15, clause 27 (9), line 20. Insert “and must provide a report on the removal to the Presiding Officer of each House of Parliament” after “time”.

Debate ensued.

Question: That Opposition amendments nos 1, 2, 4, 5, 6 and 7 on sheet c2019-015B be agreed to—put and passed.

Amendments agreed to.

Question: That Opposition amendment no. 3 on sheet c2019-015B be agreed to—put and negatived.

Amendment negatived.

214 Legislative Council Minutes No. 9—Tuesday 18 June 2019

Ms Boyd moved Greens amendment no. 21 on sheet c2019-009A—

No. 21 Ageing and Disability Advisory Board Page 15, clause 27, line 11. Omit all words on the line. Insert instead: the community, and include the following: (a) 2 or more persons with disability, (b) a representative of independent specialist advocacy, information and representative organisations for people with disability in New South Wales, (c) a representative of independent specialist advocacy, information and representative organisations for older adults in New South Wales, (d) 1 or more persons representing persons employed in the provision of disability services or services for older adults.

Debate ensued.

Question put and passed.

Amendment agreed to.

Ms Boyd moved Greens amendment no. 27 on sheet c2019-009A—

No. 27 Independent representative organisations Page 16. Insert after line 11:

32A Independent specialist disability advocacy, information and representative organisations (1) Parliament recommends the State provide financial assistance to independent specialist disability advocacy, information and representative organisations in New South Wales by grants of a minimum of $20,000,000 per annum (adjusted annually for inflation), to be distributed as determined by the Commissioner. (2) The assistance recommended under subsection (1) is in addition to any other financial assistance to be provided by the Commonwealth.

Debate ensued.

Question put.

The committee divided.

Ayes 22

Mr Banasiak Mr Graham Mr Primrose Mr Borsak Mrs Houssos Mr Searle Ms Boyd Ms Hurst Mr Secord Mr Buttigieg Ms Jackson Ms Sharpe Mr D'Adam Mr Mookhey Mr Shoebridge Mr Donnelly * Ms Moriarty Mr Veitch Ms Faehrmann Mr Moselmane * Mr Field Mr Pearson * Tellers

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Noes 19

Mr Ajaka Mr Harwin Revd Mr Nile Mr Amato Mr Latham Mr Roberts Mr Blair Mrs Maclaren-Jones * Mrs Taylor Ms Cusack Mr Mallard Mr Tudehope Mr Fang * Mr Martin Mrs Ward Mr Farlow Mr Mason-Cox Mr Franklin Mrs Mitchell * Tellers

Question resolved in the affirmative.

Amendment agreed to.

Ms Sharpe moved Opposition amendment no. 1 on sheet c2019-016C—

No. 1 Independent review of Act

Page 16. Insert after line 34:

34 Independent review of Act (1) The Minister is to commission an independent review of the Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives. (2) A report on the outcome of the review is to be tabled in each House of Parliament before 1 July 2022.

Debate ensued.

Question put and passed.

Amendment agreed to.

Question: That the bill, as amended, be agreed to—put and passed.

Ordered: That the Chair of Committees leave the Chair and report the bill with amendments.

______

The President took the Chair.

The Chair of Committees reported the bill with amendments.

The House adopted the report.

Standing orders having been suspended Tuesday 4 June 2019—

Bill, on motion of Mr Tudehope, read a third time.

216 Legislative Council Minutes No. 9—Tuesday 18 June 2019

Bill returned to the Legislative Assembly with the following amendments in which the concurrence of the Legislative Assembly was requested.

AGEING AND DISABILITY COMMISSIONER BILL 2019 ______

Schedule of the amendments referred to in the Legislative Council’s message of 18 June 2019.

No. 1 GRN No. 1 [c2019-009A] Page 6, clause 12 (1) (d), line 17. Insert “, including referrals to independent advocacy services, where appropriate” after “older adults”.

No. 2 GRNS No. 2 [c2019-009A] Page 6, clause 12 (1) (e), lines 18 and 19. Omit “regarding matters in relation to which the Commissioner may conduct investigations”. Insert instead “relating to the protection and promotion of the rights of adults with disability and older adults or the abuse, neglect or exploitation of adults with disability or older adults”.

No. 3 GRNS No. 3 [c2019-009A] Page 6, clause 12 (1). Insert after line 25: (h) to monitor, assess and report on the New South Wales implementation of the National Disability Strategy (NDS).

No. 4 OPP No. 1 [c2019-014A] Page 6, clause 12, lines 28–32. Omit all words on those lines. Insert instead: (3) The Commissioner is not subject to the control or direction of the Minister.

No. 5 GRN No. 5 [c2019-009A] Page 6, clause 13 (1), lines 34–36. Omit all words on those lines. Insert instead: (1) A person may make a report to the Commissioner about the following: (a) an adult with disability or older adult if the person has reasonable grounds to believe the adult is subject to, or at risk of, abuse, neglect or exploitation, (b) circumstances that the person has reasonable grounds to believe will result in the abuse, neglect or exploitation of an adult with disability or older adult.

No. 6 OPP No. 1 [c2019-012] Page 7, clause 13. Insert after line 19:

(9) If the Commissioner is of the opinion that a report, or part of a report, may provide evidence of the commission of a criminal offence, the Commissioner must refer the report, or the part of the report, to the Commissioner of Police or the Director of Public Prosecutions.

No. 7 GRN No. 6 [c2019-009A] Page 7, clause 13 (9), lines 20 and 21. Omit all words on those lines. Insert instead: (9) The Commissioner may conduct an investigation of a report that the Commissioner has referred to another person or body under subsection (8), including in consultation with the person or body, if the Commissioner is of the opinion that conducting an investigation may be necessary to protect an adult with disability or older adult from abuse, neglect or exploitation.

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No. 8 GRN No. 7 [c2019-009A] Page 7, clause 13 (10) (a), line 25. Insert “despite having been provided with the appropriate support for the purposes of making such a decision” after “consent”.

No. 9 GRN No. 8 [c2019-009A] Page 7, clause 13 (10) (b), line 26. Omit all words on the line. Insert instead: (b) it is not necessary to obtain consent due to the seriousness of the allegation or the risk to the personal safety of the adult, or

No. 10 GRN No. 9 [c2019-009A] Page 7, clause 14. Insert after line 36: (2) A relevant agency may provide relevant information to the Commissioner for the purposes of enabling or assisting the Commissioner’s exercise of its functions.

No. 11 GRN No. 10 [c2019-009A] Page 7, clause 14 (3), lines 41 and 42. Omit “that may be provided under this section, and to which an information sharing arrangement may relate”. Insert instead “or a relevant agency that may be provided under this section”.

No. 12 OPP No. 1 [c2019-013] Page 8, Division 2 of Part 3, line 35. Insert “and public inquiries” after “Investigations”.

No. 13 GRN No. 11 [c2019-009A] Page 8, clause 16 (1) (a), line 39. Insert “and answer any questions” after “notice”.

No. 14 GRN No. 12 [c2019-009A] Page 9, clause 16 (2), line 7. Omit “50”. Insert instead “100”.

No. 15 OPP No. 1 [c2019-017A] Page 9, clause 16 (3) lines 8–11. Omit all words on those lines.

No. 16 GRN No. 13 [c2019-009A] Page 9, clause 17 (3), line 43. Insert “(in circumstances where the adult has been provided with the appropriate support for the purposes of making such a decision)” after “concerned”.

No. 17 OPP No. 2 [c2019-013] Page 10. Insert after line 13:

19 Public inquiries (1) For the purposes of an investigation of a report, the Commissioner may conduct a public inquiry, if the Commissioner is of the opinion that a public inquiry is in the public interest, having regard to: (a) the seriousness of the allegation of abuse, neglect or exploitation, and (b) the wishes of any person with disability or older adult to whom the report relates, and (c) the privacy of the persons who will be affected by a public inquiry.

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(2) For the purpose of conducting a public inquiry under this section, the Commissioner has the functions, protections and immunities conferred on a commissioner by Division 1 of Part 2 of the Royal Commissions Act 1923. (3) The provisions of the Royal Commissions Act 1923 (except section 13 and Division 2 of Part 2) apply, with necessary modifications, to a public inquiry and to any witness or person summoned by or appearing before the public inquiry or providing material to the inquiry, but section 11 (2) of that Act shall have effect subject to subsection (4). (4) Nothing in this section requires any person to give any statement of information, answer any question or disclose any document if the person can claim privilege not to do so. (5) A witness summoned by or appearing before the Commissioner is to be paid such amount as the Commissioner determines, but not exceeding the amount that would be payable to a witness that is a Crown witness subpoenaed by the Crown to give evidence. (6) For the purpose of conducting a public inquiry under this section, the Commissioner is not bound by the rules of evidence and may be informed on any matter in issue at the public inquiry in such manner as the Commissioner considers appropriate. (7) The Commissioner may give directions as to the procedure to be followed at or in connection with the inquiry.

(8) The Commissioner may appoint an Australian legal practitioner to assist the Commissioner for the purposes of an inquiry held by the Commissioner and the Australian legal practitioner may appear before the inquiry.

(9) In this section:

disclosure of a document includes the provision of copies of the document, the granting of access to the document or the disclosure of the contents of the document.

document includes a part of a document.

privilege means privilege based on a claim by a person that evidence or other information about a matter or document:

(a) might tend to incriminate the person or make the person liable to any forfeiture or penalty, or

(b) could not be required to be adduced in proceedings before a New South Wales court by reason of the operation of Part 3.10 (Privileges) of Chapter 3 of the Evidence Act 1995.

No. 18 GRN No. 14 [c2019-009A] Page 11, clause 19, line 16. Insert “or older adult” after “disability”.

No. 19 GRN No. 15 [c2019-009A] Page 11, clause 20 (1), lines 24 and 35. Insert “or older adults” after “disability”.

No. 20 GRN No. 16 [c2019-009A] Page 12, clause 21 (1) (h), line 26. Insert “independent” after “about”.

No. 21 GRN No. 17 [c2019-009A] Page 13, clause 23 (3) (e), line 18. Omit “community”.

No. 22 OPP No. 2 [c2019-012] Page 14, clause 24. Insert after line 9:

(3) An annual report by the Commissioner must include information about

219 Legislative Council Minutes No. 9—Tuesday 18 June 2019

the number of referrals made by the Commissioner under section 13 and the outcome of each referral.

No. 23 GRN No. 18 [c2019-009A] Page 14, clause 24, lines 10–12. Omit all words on those lines. Insert instead: (3) An annual report prepared under subsection (1) must include the following: (a) any recommendations for administrative action or changes in the laws of the State that the Commissioner considers necessary, (b) information on the number of reports made to, and actioned by, the Commissioner, and the number of referrals made elsewhere and to whom, (c) the number of investigations held under section 13 (10) where consent was not given, including as a percentage of total investigations held, (d) if a Board member has been removed under section 27 (9) during the reporting period, the reasons for removing the member

No. 24 GRN No. 19 [c2019-009A] Page 14, clause 25 (3), line 21. Omit “may”. Insert instead “must”.

No. 25 OPP No. 1 [c2019-015B] Page 15, clause 27 (2), lines 4–5. Omit “relating to the abuse, neglect or exploitation of adults with disability and older adults”.

No. 26 OPP No. 2 [c2019-015B] Page 15, clause 27 (3), lines 7 and 8. Omit “Minister who, in the opinion of the Minister,”. Insert instead “Commissioner who, in the opinion of the Commissioner”.

No. 27 GRN No. 21 [c2019-009A] Page 15, clause 27, line 11. Omit all words on the line. Insert instead: the community, and include the following: (a) 2 or more persons with disability, (b) a representative of independent specialist advocacy, information and representative organisations for people with disability in New South Wales, (c) a representative of independent specialist advocacy, information and representative organisations for older adults in New South Wales, (d) 1 or more persons representing persons employed in the provision of disability services or services for older adults.

No. 28 OPP No. 4 [c2019-015B] Page 15, clause 27 (6), line 14. Omit “Minister is to appoint”. Insert instead “Board is to elect”.

No. 29 OPP No. 5 [c2019-015B] Page 15, clause 27 (8), line 19. Omit “Minister”. Insert instead “Commissioner”.

220 Legislative Council Minutes No. 9—Tuesday 18 June 2019

No. 30 OPP No. 6 [c2019-015B] Page 15, clause 27 (9), line 20. Omit “Minister”. Insert instead “Commissioner”.

No. 31 OPP No. 7 [c2019-015B] Page 15, clause 27 (9), line 20. Insert “and must provide a report on the removal to the Presiding Officer of each House of Parliament” after “time”.

No. 32 GRN No. 25 [c2019-009A] Page 15, clause 29, line 41. Omit “50”. Insert instead “100”.

No. 33 GRN No. 26 [c2019-009A] Page 16, clause 30, line 4. Omit “50”. Insert instead “100”.

No. 34 GRN No. 27 [c2019-009A] Page 16. Insert after line 11:

No. 35 OPP No. 1 [c2019-016C] Page 16. Insert after line 34:

17 BUSINESS POSTPONED

Order of the day no. 2 on the Notice Paper of Government business postponed, on motion of Mr Harwin (on behalf of Mrs Mitchell), until a later hour of the sitting.

18 ADDRESS-IN-REPLY TO THE GOVERNOR'S OPENING SPEECH

Order of the day read for resumption of the interrupted debate of the question on the motion of Mr Mallard: That the following Address be adopted and presented by the Whole House to the Governor, in reply to the speech which Her Excellency had been pleased to make to both Houses of Parliament:

To Her Excellency the Honourable Margaret Beazley, Officer of the Order of Australia, Queen's Counsel, Governor of the State of New South Wales in the Commonwealth of Australia.

221 Legislative Council Minutes No. 9—Tuesday 18 June 2019

MAY IT PLEASE YOUR EXCELLENCY—

We, the members of the Legislative Council of the State of New South Wales, in Parliament assembled, desire to express our thanks for Your Excellency's speech, and to express our loyalty to Australia and the people of New South Wales.

We assure Your Excellency that our earnest consideration will be given to the measures to be submitted to us, and that we will faithfully carry out the important duties entrusted to us by the people of New South Wales.

We join Your Excellency in the hope that our labours may be so directed as to advance the best interests of all sections of the community.

Debate resumed.

______

According to sessional order, proceedings interrupted at 4.00 pm for Questions. ______

19 QUESTIONS

According to sessional order, at the conclusion of Questions, supplementary questions for written answers were put by members.

20 TAKE NOTE OF ANSWERS TO QUESTIONS

Mr Searle moved according to sessional order: That the House take note of answers given to questions this day.

Debate ensued.

Question put and passed.

21 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

The President reported receipt of the following messages from the Legislative Assembly:

(1) Committee on Children and Young People

MR PRESIDENT

The Legislative Assembly desires to inform the Legislative Council that:

(1) In accordance with section 38 of the Advocate for Children and Young People Act 2014 the following members of the Legislative Assembly be appointed to serve on the Committee on Children and Young People: Ms Jodie Harrison, Ms Robyn Preston, Mr Dugald Saunders, and Ms Felicity Wilson.

(2) The Committee have leave to make visits of inspection within the State of New South Wales and other states and territories of Australia.

(3) A message be sent acquainting the Legislative Council of the resolution and requesting the Legislative Council to appoint three of its members to serve on the Committee.

222 Legislative Council Minutes No. 9—Tuesday 18 June 2019

Legislative Assembly JONATHAN O'DEA 18 June 2019 Speaker

(2) Committee on the Health Care Complaints Commission

MR PRESIDENT

The Legislative Assembly desires to inform the Legislative Council that:

(1) In accordance with section 67 of the Health Care Complaints Act 1993, the following members of the Legislative Assembly be appointed to serve on the Committee on the Health Care Complaints Commission: Dr Joe McGirr, Mr Gurmesh Singh, Ms Kate Washington, and Mrs Leslie Williams.

(2) The Committee have leave to make visits of inspection within the State of New South Wales and other states and territories of Australia.

(3) A message be sent acquainting the Legislative Council of the resolution and requesting the Legislative Council to appoint three of its members to serve on the Committee.

Legislative Assembly JONATHAN O'DEA 18 June 2019 Speaker

(3) Committee on the Independent Commission Against Corruption

MR PRESIDENT

The Legislative Assembly desires to inform the Legislative Council that:

(1) In accordance with section 65 of the Independent Commission Against Corruption Act 1988, the following members of the Legislative Assembly be appointed to serve on the Committee on the Independent Commission Against Corruption: Mr Justin Clancy, Mr Mark Coure, Mrs Tanya Davies, Mr Ron Hoenig, Ms Tania Mihailuk, Mr Jamie Parker, Mr Dugald Saunders, and Mrs Wendy Tuckerman.

(2) The committee have leave to make visits of inspection within the State of New South Wales and other States and Territories of Australia.

(3) A message be sent acquainting the Legislative Council of the resolution and requesting the Legislative Council to appoint three of its members to serve on the Committee.

Legislative Assembly JONATHAN O'DEA 18 June 2019 Speaker

(4) Committee on the Office of the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission

MR PRESIDENT The Legislative Assembly desires to inform the Legislative Council that:

(1) In accordance with section 31C of the Ombudsman Act 1974, the following members of the Legislative Assembly be appointed to serve on the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission: Mr Mark Coure, Mr Paul Lynch, Dr Hugh McDermott, and Mr Dugald Saunders.

(2) The Committee have leave to make visits of inspection within the State of New South Wales and other states and territories of Australia.

223 Legislative Council Minutes No. 9—Tuesday 18 June 2019

(3) A message be sent acquainting the Legislative Council of the resolution and requesting the Legislative Council to appoint three of its members to serve on the Committee.

Legislative Assembly JONATHAN O'DEA 18 June 2019 Speaker

(5) Joint Standing Committee on Electoral Matters

MR PRESIDENT

The Legislative Assembly desires to inform the Legislative Council that:

(1) A Joint Standing Committee, to be known as the Joint Standing Committee on Electoral Matters, be appointed.

(2) The Committee inquire into and report upon such matters as may be referred to it by either House of the Parliament or a Minister that relate to:

(a) The following electoral laws: (i) Electoral Act 2017 (Other than Part 3); (ii) Electoral Funding Act 2018; and (iii) Those provisions of the Constitution Act 1902 that relate to the procedures for, and conduct of, elections for members of the Legislative Assembly and the Legislative Council (other than sections 27, 28 and 28A);

(b) The administration of and practices associated with the electoral laws described at (a).

(3) All matters that relate to (2) (a) and (b) above in respect of the 23 March 2019 State Election, shall stand referred to the Committee for any inquiry the Committee may wish to make. The Committee shall report on the outcome of any such inquiry within 18 months of the date of this resolution being agreed to by both Houses.

(4) The Committee consist of ten members, as follows:

(a) Five members of the Legislative Assembly, and

(b) Five members of the Legislative Council.

(5) Mr Lee Evans, Mr Christopher Gulaptis, Mr Paul Scully, Mr Nathaniel Smith, and Ms Felicity Wilson be appointed to serve on such committee as the members of the Legislative Assembly.

(6) Notwithstanding anything contained in the standing orders of either House, at any meeting of the committee, any four members of the Committee shall constitute a quorum, provided that the Committee meets as a joint committee at all times.

(7) The Committee have leave to make visits of inspection within the State of New South Wales and other States and Territories of Australia.

(8) A message be sent acquainting the Legislative Council of the resolution and requesting the Legislative Council to appoint five of its members to serve with the members of the Legislative Assembly upon the Committee, and to fix a time and place for the first meeting.

Legislative Assembly JONATHAN O'DEA 18 June 2019 Speaker

(6) Joint Standing Committee on Road Safety

224 Legislative Council Minutes No. 9—Tuesday 18 June 2019

MR PRESIDENT

The Legislative Assembly desires to inform the Legislative Council that:

A Joint Standing Committee (to be known as the Staysafe Committee) be appointed to inquire into and report on road safety in New South Wales with the following terms of reference:

(1) As an ongoing task, the Committee is to—

(a) Monitor, investigate and report on the road safety situation in New South Wales; and

(b) Review and report on countermeasures aimed at reducing deaths, injuries, and the social and economic costs to the community arising from road accidents.

(2) The Committee consist of six members of the Legislative Assembly and three members of the Legislative Council and that, notwithstanding anything contained in the standing orders of either House, at any meeting of the committee, any four members shall constitute a quorum provided that the committee shall meet as a joint committee at all times.

(3) Mr Stephen Bromhead, Mr Roy Butler, Mr Christopher Gulaptis, Mr Nick Lalich, Ms Robyn Preston, and Ms Gabrielle Upton be appointed to serve on such committee as the members of the Legislative Assembly.

(4) The Committee have leave to make visits of inspection within the State of New South Wales and other states and territories of Australia.

(5) A message be sent acquainting the Legislative Council of the resolution and requesting the Legislative Council to appoint three of its members to serve with the members of the Legislative Assembly upon the Committee, and to fix a time and place for the first meeting.

Legislative Assembly JONATHAN O'DEA 18 June 2019 Speaker

(7) Joint Standing Committee on the Office of the Valuer-General

MR PRESIDENT

The Legislative Assembly desires to inform the Legislative Council that:

(1) A Joint Standing Committee, to be known as the Joint Standing Committee on the Office of the Valuer-General be appointed.

(2) The Committee’s functions be:

(a) to monitor and review the exercise of the Valuer-General’s functions with respect to land valuations under the Valuation of Land Act 1916 and the Land Tax Management Act 1956, and in particular: (i) to monitor the methodologies employed for the purpose of conducting such valuations, (ii) to monitor the arrangements under which valuation service contracts are negotiated and entered into, and (iii) to monitor the standard of valuation services provided under such contracts,

(b) to report to both Houses of Parliament, with such comments as it thinks fit, on any matter connected with the exercise of the Valuer-General’s functions referred to in paragraph (a) to which, in the opinion of the Committee, the attention of Parliament should be directed,

225 Legislative Council Minutes No. 9—Tuesday 18 June 2019

(c) to report to both Houses of Parliament any change that the Committee considers desirable to the Valuer-General’s functions referred to in paragraph (a),

(d) to inquire into any question in connection with the Committee’s functions which is referred to it by both Houses of Parliament, and to report to both Houses on that question.

(3) The functions of the Committee not extend to the investigation of any matter relating to or arising from a particular valuation of a specific parcel of land.

(4) The Committee consist of five members as follows:

(a) three members of the Legislative Assembly of whom two must be Government members and one must be a non-Government member, and

(b) two members of the Legislative Council of whom one must be a Government member and one must be a non-Government member.

(5) Mr Stephen Kamper, Mr Geoff Provest, and Mr Nathaniel Smith be appointed to serve on the Committee as the members of the Legislative Assembly.

(6) Notwithstanding anything contained in the standing orders of either House, at any meeting of the Committee, any three members of the Committee shall constitute a quorum, provided that the Committee meets as a joint committee at all times.

(7) The Committee have leave to make visits of inspection within the State of New South Wales and other states and territories of Australia.

(8) A message be sent acquainting the Legislative Council of the resolution and requesting the Legislative Council appoint two of its members to serve with the members of the Legislative Assembly on the Committee, and to fix a time and place for the first meeting.

Legislative Assembly JONATHAN O'DEA 18 June 2019 Speaker

(9) Legislation Review Committee

MR PRESIDENT

The Legislative Assembly desires to inform the Legislative Council that:

(1) In accordance with section 5 of the Legislation Review Act 1987, the following members of the Legislative Assembly be appointed to serve on the Legislation Review Committee: Mr Lee Evans, Ms Wendy Lindsay, Mr David Mehan, Mrs Leslie Williams, and Mrs Felicity Wilson.

(2) The Committee have leave to make visits of inspection within the State of New South Wales and other States and Territories of Australia.

(3) A message be sent acquainting the Legislative Council of the resolution and requesting the Legislative Council to appoint three of its members to serve on the Committee.

Legislative Assembly JONATHAN O'DEA 18 June 2019 Speaker

Ordered, on motion of Mr Harwin: That consideration of the Legislative Assembly's messages stand an order of the day for next sitting day.

226 Legislative Council Minutes No. 9—Tuesday 18 June 2019

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According to sessional order, debate on committee reports given precedence. ______

22 BUSINESS POSTPONED

Order of the day no. 1 on the Notice Paper of committee reports and government responses postponed, on motion of Mrs Maclaren-Jones (on behalf of Revd Mr Nile), until a later hour of the sitting.

23 PORTFOLIO COMMITTEE NO. 2 – HEALTH AND COMMUNITY SERVICES—TAKE NOTE OF REPORT

Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Donnelly: That the House take note of Report No. 51 of Portfolio Committee No. 2 – Health and Community Services entitled "Implementation of the National Disability Insurance Scheme and the provision of disability services in New South Wales", dated December 2018.

Debate resumed.

Motion made (Mrs Maclaren-Jones) and question: That this debate be now adjourned until next sitting day—put and passed.

24 PORTFOLIO COMMITTEE NO. 3 – EDUCATION—TAKE NOTE OF REPORT

Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Amato: That the House take note of Report No. 39 of Portfolio Committee No. 3 – Education entitled “Budget Estimates 2018-2019”, dated December 2018.

Debate resumed.

Question put and passed.

25 PORTFOLIO COMMITTEE NO. 1 – PREMIER AND FINANCE—TAKE NOTE OF REPORT

Order of the day read for resumption of the adjourned debate of the question on the motion of Revd Mr Nile: That the House take note of Report No. 48 of Portfolio Committee No. 1 – Premier and Finance entitled “Budget Estimates 2018-2019”, dated December 2018.

Debate resumed.

Question put and passed.

26 PORTFOLIO COMMITTEE NO. 5 – INDUSTRY AND TRANSPORT—TAKE NOTE OF REPORT

Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Veitch: That the House take note of Report No. 51 of Portfolio Committee No. 5 – Industry and Transport entitled “Sustainability of the dairy industry in New South Wales”, dated December 2018.

Debate resumed.

227 Legislative Council Minutes No. 9—Tuesday 18 June 2019

Motion made (Mrs Maclaren-Jones) and question: That this debate be now adjourned until next sitting day—put and passed.

228 Legislative Council Minutes No. 9—Tuesday 18 June 2019

27 BUSINESS POSTPONED

Order of the day no. 5 on the Notice Paper of committee reports and government responses postponed, on motion of Mrs Maclaren-Jones (on behalf of Revd Mr Nile), until a later hour of the sitting.

28 PORTFOLIO COMMITTEE NO. 4 – LEGAL AFFAIRS—TAKE NOTE OF REPORT

Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Borsak: That the House take note of Report No. 38 of Portfolio Committee No. 4 – Legal Affairs entitled “Parklea Correctional Centre and other operational issues”, dated December 2018.

Debate resumed.

Motion made (Mrs Maclaren-Jones) and question: That this debate be now adjourned until next sitting day—put and passed.

29 BUSINESS POSTPONED

Orders of the day nos 7 to 14 on the Notice Paper of committee reports and government responses postponed, on motion of Mrs Maclaren-Jones, until next sitting day.

30 STANDING COMMITTEE ON SOCIAL ISSUES—TAKE NOTE OF REPORT

Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Mallard: That the House take note of Report No. 52 of the Standing Committee on Social Issues entitled “Gay and Transgender hate crimes between 1970 and 2010: Interim report”, dated December 2018.

Debate resumed.

Motion made (Mrs Maclaren-Jones) and question: That this debate be now adjourned until next sitting day—put and passed.

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According to sessional order, debate on committee reports interrupted at 6.30 pm. ______

31 ANSWERS TO QUESTIONS WITHOUT NOTICE

Mrs Mitchell tabled answers to questions without notice for incorporation in Hansard.

32 ADJOURNMENT

Mrs Mitchell moved: That this House do now adjourn.

Debate ensued.

Question put and passed.

The House adjourned at 6.54 pm until Wednesday 19 June 2019 at 11.00 am.

229 Legislative Council Minutes No. 9—Tuesday 18 June 2019

33 ATTENDANCE

All members present.

David Blunt Clerk of the Parliaments

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Authorised by the Parliament of New South Wales