1721

LEGISLATIVE ASSEMBLY

2015-16-17-18

FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT

______

VOTES AND PROCEEDINGS

No. 175

TUESDAY 22 MAY 2018

______

1 MEETING OF THE HOUSE

The House met at 12.00 noon pursuant to adjournment. In the absence of the Speaker at the commencement of the sitting, the Deputy 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 ______

It being before 1.15 pm, community recognition statements proceeded with. ______

4 COMMUNITY RECOGNITION STATEMENTS ______

The Temporary Speaker (Ms ) left the Chair at 1.47 pm.

The Deputy Speaker resumed the Chair at 2.15 pm. ______

5 DEPUTY SPEAKER’S STATEMENT—CENTENARY OF THE FIRST WORLD WAR

The Deputy Speaker made a statement in relation to the Centenary of the First World War and the actions of the American Expeditionary Force at Cantigny on 26 May 1918. 1722 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 22 May 2018

6 DEATH OF ERNEST THOMAS PAGE, A FORMER MINISTER OF THE CROWN

The Deputy Speaker informed the House of the death, on 20 May 2018, of the Honourable Ernest Thomas Page, a former Minister of the Crown, and that on behalf of the House, he extended to the family the deep sympathy of the Legislative Assembly in the loss sustained.

Members and officers stood as a mark of respect.

7 NOTICES OF MOTIONS

8 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

Mr —The Snowy Mountains Brumby. Ms —Pacific Highway Subcontractors.

9 QUESTION TIME ______

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

(2) Following a request from Mr Greg Aplin 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 Mr pursuant to standing order 131 (3), the Minister for Family and Community Services, Minister for Social Housing, and Minister for the Prevention of Domestic Violence and Sexual Assault provided additional information.

(4) Following a request from Mr Kevin Anderson pursuant to standing order 131 (3), the Minister for Roads, Maritime and Freight provided additional information.

(5) Following a request from Mr Mark Taylor pursuant to standing order 131 (3), the Minister for Transport and Infrastructure provided additional information. ______

Disorder: At 3.31 pm, the Deputy Speaker directed Mr to leave the Chamber for two hours. ______

10 PAPERS

Ms tabled the Government Response to Report 3/56 of the Joint Standing Committee on Electoral Matters entitled “Inquiry into preference counting in local government elections in New South Wales”.

11 LEGISLATIVE ASSEMBLY COMMITTEE ON TRANSPORT AND INFRASTRUCTURE

Ms , Chair, tabled the report of the Legislative Assembly Committee on Transport and Infrastructure entitled “Commuter car parking in New South Wales”, Report 3/56, dated May 2018.

Ordered to be printed.

12 LEGISLATION REVIEW COMMITTEE

Mr James Griffin, Chair, tabled the report of the Legislation Review Committee entitled “Legislation Review Digest No. 55/56”, dated 22 May 2018. 1723 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 22 May 2018

Ordered to be printed.

Mr James Griffin also tabled the minutes of the committee meeting regarding Legislation Review Digest No. 54/56.

13 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):

For the week beginning 14 May 2018 –

Children’s Court Act 1987—Practice Note No. 12 [GG 2018-1700] (GG No. 51 of 18 May 2018, n2018- 1700).

Local Court Act 2007—Local Court (Amendment No. 9) Rule 2018 (2018-203) (LW 18 May 2018).

National Parks and Wildlife Act 1974—

(a) Notice of reservation of a state conservation area and a nature reserve reserving lands as part of Barwon Nature Reserve and Barwon State Conservation Area [GG 2018-1621] (GG No. 51 of 18 May 2018, n2018-1621).

(b) Notices of reservation of a national park reserving lands as part of: Gardens of Stone National Park [GG 2018-1622] (GG No. 51 of 18 May 2018, n2018-1622); Willi Willi National Park [GG 2018-1624] (GG No. 51 of 18 May 2018, n2018-1624); Kanangra-Boyd National Park [GG 2018-1626] (GG No. 51 of 18 May 2018, n2018-1626); Lane Cove National Park [GG 2018- 1627] (GG No. 51 of 18 May 2018, n2018-1627); Limeburners Creek National Park [GG 2018- 1628] (GG No. 51 of 18 May 2018, n2018-1628); Murramarang National Park [GG 2018-1632] (GG No. 51 of 18 May 2018, n2018-1632); and Yabbra National Park [GG 2018-1633] (GG No. 51 of 18 May 2018, n2018-1633).

(c) Notice of reservation of a national park and state conservation area reserving lands as part of Goulburn River National Park and Goulburn River State Conservation Area [GG 2018-1623] (GG No. 51 of 18 May 2018, n2018-1623).

(d) Notices of reservation of a nature reserve reserving lands as part of: Bagul Waajaarr Nature Reserve [GG 2018-1625] (GG No. 51 of 18 May 2018, n2018-1625); Rawdon Creek Nature Reserve [GG 2018-1629] (GG No. 51 of 18May 2018, n2018-1629); and South West Woodland Nature Reserve [GG 2018-1630] (GG No. 51 of 18 May 2018, n2018-1630).

14 PETITIONS

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

Ms Jo Haylen—from certain citizens requesting the Legislative Assembly call on the Government to stop the sell-off of public services and instead invest in public services.

Ms Jo Haylen—from certain citizens requesting the Legislative Assembly call on the Government to keep Summer Hill Ambulance Station open and not to sell the land to private developers.

Ms Jo Haylen—from certain citizens requesting the Legislative Assembly call on the Government to repeal legislation that discriminates against transgender and gender diverse people from obtaining a marriage certificate.

Mr —from certain citizens requesting the banning of lightweight plastic bags in New South Wales. 1724 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 22 May 2018

Mr Alex Greenwich—from certain citizens requesting the Government introduce a marine park with sanctuary zones for the Hawkesbury Shelf marine bioregion so the coastal lifestyle can be protected for future generations.

Mr Alex Greenwich—from certain citizens requesting the Government upgrade rather than rebuild the Sydney Football Stadium and direct the savings into health, education and community sports facilities.

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

Mr Jamie Parker—from certain citizens requesting the Legislative Assembly provide new carriages and extra services on the South Coast railway line and ensure the new Intercity Fleet will meet the demands of population growth and increases in rail use and not reduce current seating capacity.

15 PAPERS

Mr Ray Williams, by leave, tabled the report of the Department of Family and Community Services entitled “NSW Disability Inclusion Plan Update 2017”, dated October 2017.

16 PLACING OR DISPOSAL OF BUSINESS—LAPSING OF GENERAL BUSINESS

The Assistant Speaker advised the House that in accordance with standing order 105 (3), general business general business notice of motion (for bills) no. 1 (Electricity Supply Amendment (Fair Price for Solar and Other Renewable Sources of Electricity) Bill) and general business notices of motions (general notices) nos 2639 to 2656, had lapsed.

17 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

(1) Mr John Barilaro made a statement in support of his notice being accorded priority over the other business of the House.

(2) Ms Jenny Aitchison also made a statement in support of her notice being accorded priority—

That this House:

(1) Expresses its concern for the 23 small businesses that have been seriously impacted by the collapse of Oswald Brothers.

(2) Calls on the Government to do the right thing and ensure that these small businesses are properly paid for the work they have done on the Pacific Highway.

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

The House divided.

AYES 48

Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Mr Brookes, Mr Conolly, Ms Cooke, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Donato, Mr Elliott, Mr A.W. Evans, Mr L.J. Evans, Mr George, Ms Gibbons, Ms Goward, Mr Grant, Mr Griffin, Mr Gulaptis, Mr Hazzard, Mr Henskens, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mrs Pavey, Ms Petinos, Mr Provest, Mr Rowell, Mr Sidoti, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams, Mrs Williams and Ms Wilson.

Tellers: Mr Bromhead and Mr Patterson.

1725 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 22 May 2018

NOES 33

Ms Aitchison, Mr Atalla, Mr Bali, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Dr McDermott, Ms McKay, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr Scully, Ms T.F. Smith, Ms Tesch, Mr Warren and Mr Zangari.

Tellers: Mr Mehan and Ms Watson. In the Chair: Mr Fraser.

Pairs: Ms Berejiklian—Ms Cotsis; Mr Constance—Ms Haylen; Mrs Hancock—Mr ; Mr Perrottet—Mr Lynch and Mr Roberts—Ms Washington.

Question passed.

18 MOTION ACCORDED PRIORITY—THE SNOWY MOUNTAINS BRUMBY

Mr John Barilaro moved, pursuant to notice, That this House:

(1) Acknowledges the cultural significance of the Snowy Mountains Brumby.

(2) Notes the need to set rules around brumby management that protects the environment while recognising the cultural and heritage value of the brumby in Kosciuszko National Park.

(3) Recognises the important role brumbies play for tourism in the Kosciuszko National Park.

Upon which Ms moved, That the motion be amended by adding:

“(4) Resolves to protect the outstanding natural values of Australia’s great alpine national park, Kosciuszko.”

Question proposed—That the amendment be agreed to.

Debate continued.

Question put.

The House divided.

AYES 33

Ms Aitchison, Mr Atalla, Mr Bali, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Daley, Mr Dib, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Dr McDermott, Ms McKay, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr Scully, Ms T.F. Smith, Ms Tesch, Mr Warren, Ms Washington and Mr Zangari.

Tellers: Mr Mehan and Ms Watson.

NOES 48

Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Mr Brookes, Mr Conolly, Mr Constance, Ms Cooke, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Donato, Mr Elliott, Mr A.W. Evans, Mr L.J. Evans, Ms Gibbons, Ms Goward, Mr Grant, Mr Griffin, Mr Gulaptis, Mr Hazzard, Mr Henskens, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mrs Pavey, Ms Petinos, Mr Provest, Mr Rowell, Mr Sidoti, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams, Mrs Williams and Ms Wilson.

Tellers: Mr Bromhead and Mr Patterson. In the Chair: Mr Fraser. 1726 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 22 May 2018

Pairs: Ms Cotsis—Ms Berejiklian; Ms Haylen—Mrs Hancock; Mr Lalich—Mr Perrottet and Mr Lynch— Mr Roberts.

Question negatived.

Question—That the original motion be agreed to—put and passed.

19 MESSAGE FROM THE LEGISLATIVE COUNCIL—ROAD TRANSPORT LEGISLATION MISCELLANEOUS AMENDMENTS BILL

The Assistant Speaker reported the following message from the Legislative Council:

Madam SPEAKER

The Legislative Council having this day passed a bill titled “an Act to amend the Heavy Vehicle (Adoption of National Law) Act 2013, the Road Transport Act 2013 and the Road Transport (Vehicle Registration) Regulation 2017 in connection with heavy vehicles; to amend the Local Government Act 1993 and the Motor Vehicles Taxation Act 1988 to increase certain penalties; and for other purposes” transmits the bill to the Legislative Assembly for concurrence.

Legislative Council FRED NILE 22 May 2018 Assistant President

Bill introduced and read a first time.

Ordered by the Assistant Speaker, That the second reading stand an order of the day for a later hour.

20 ROAD TRANSPORT AND OTHER LEGISLATION AMENDMENT (DIGITAL DRIVER LICENCES AND PHOTO CARDS) BILL

The order of the day was read for the resumption of the adjourned debate, on the motion of Mr , That this bill be now read a second time.

Question again proposed and debate resumed.

Mr obtained an extension of time.

Debate continued.

Question put and passed.

Bill read a second time.

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

Question put and passed.

Bill read a third time.

21 MESSAGE FROM THE LEGISLATIVE COUNCIL—HEALTH LEGISLATION AMENDMENT BILL (NO. 2)

The Temporary Speaker (Mr Adam Crouch) reported the following message from the Legislative Council:

Madam SPEAKER

1727 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 22 May 2018

The Legislative Council having this day passed a bill titled “an Act to make miscellaneous amendments to various Acts that relate to health and associated matters” transmits the bill to the Legislative Assembly for concurrence.

Legislative Council JOHN AJAKA 22 May 2018 President

Bill introduced and read a first time.

Ordered by the Temporary Speaker, That the second reading stand an order of the day for a later time.

22 ROAD TRANSPORT LEGISLATION MISCELLANEOUS AMENDMENTS BILL

The order of the day was read.

Mr David Elliott, on behalf of Mrs , moved, That this bill be now read a second time.

Debate ensued.

Question put and passed.

Bill read a second time.

Mr Kevin Anderson, on behalf of Mrs Melinda Pavey, moved, That this bill be now read a third time.

Question put and passed.

Bill read a third time.

23 HEALTH LEGISLATION AMENDMENT BILL (NO. 2)

The order of the day was read.

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

Debate ensued.

Question put and passed.

Bill read a second time.

Mr Brad Hazzard moved, That this bill be now read a third time.

Question put and passed.

Bill read a third time.

24 PRIVATE MEMBERS’ STATEMENTS

25 ADJOURNMENT

The House adjourned, pursuant to standing and sessional orders, at 8.40 pm, until tomorrow, at 10.00 am.

1728 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Tuesday 22 May 2018

Attendance: All members present except Ms , Mrs , Ms Jo Haylen, Mr Nick Lalich and Mr .

HELEN MINNICAN SHELLEY HANCOCK Clerk of the Legislative Assembly Speaker ______

Authorised by the Parliament of New South Wales