1315

LEGISLATIVE ASSEMBLY

2015-16-17

FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT

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VOTES AND PROCEEDINGS

No. 132

THURSDAY 3 AUGUST 2017

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1 MEETING OF THE HOUSE

The House met at 10.00 am pursuant to adjournment. The Speaker took the Chair, read the prayer and acknowledged the traditional owners, thanking them for their custodianship of country.

2 INDEPENDENT COMMISSION AGAINST CORRUPTION

The Speaker, in accordance with section 78 of the Independent Commission Against Corruption Act 1988, tabled the reports of the Independent Commission Against Corruption entitled:

“Investigation into dealings between Australian Water Holdings Pty Ltd and Sydney Water Corporation and related matters”, dated August 2017.

“Investigation into the conduct of a former NSW Department of Justice officer and others”, dated August 2017.

Ordered to be printed.

3 NOTICES OF MOTIONS (GENERAL NOTICES)

4 BUDGET ESTIMATES AND RELATED PAPERS FOR 2017-2018

The order of the day was read for the resumption of the interrupted debate, on the motion of Mr , That this House take note of the Budget Estimates and related papers for 2017-2018.

Question again proposed and debate resumed. 1316 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 3 August 2017

Mr moved, That this debate be now adjourned.

Question put and passed.

Ordered, That the resumption of the debate stand an order of the day for a later hour.

5 CHARITABLE FUNDRAISING AMENDMENT (INQUIRIES) BILL

Mr moved, pursuant to notice, That a bill be now introduced for an Act to amend the Charitable Fundraising Act 1991 to enable public inquiries to be conducted under the Act.

Question put and passed.

Bill introduced and read a first time.

Mr Matt Kean 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.

6 BUDGET ESTIMATES AND RELATED PAPERS FOR 2017-2018—RESTORATION OF SPEAKING TIME

Mr David Harris obtained the leave of the House to restore his remaining speaking time on the Budget Estimates and Related Papers for 2017-2018, which was interrupted on Wednesday 2 August 2017. ______

General business notices of motions (for bills) proceeded with. ______

7 PUBLIC ACCOUNTABILITY LEGISLATION AMENDMENT (SYDNEY MOTORWAY CORPORATION) BILL—POSTPONEMENT

General business notice of motion (general notice) no. 2 (Public Accountability Legislation Amendment (Sydney Motorway Corporation) Bill), called on and postponed by Ms Jodi McKay.

8 CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) AMENDMENT (AUDITING OF OUT-OF-HOME CARE PROVIDERS) BILL

Ms Tania Mihailuk moved, pursuant to notice, That a bill be now introduced for an Act to amend the Children and Young Persons (Care and Protection) Act 1998 to require the Auditor-General to conduct performance audits of non-government agencies that receive State government funding to arrange for children or young persons to be placed in out-of-home care.

Question put and passed.

Bill introduced and read a first time.

Ms Tania Mihailuk moved, That this bill be now read a second time.

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

General business orders of the day (for bills) proceeded with. ______

1317 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 3 August 2017

9 PUBLIC HEALTH (MEDICINAL CANNABIS) BILL—POSTPONEMENT

General business order of the day (for bills) no. 1 (Public Health (Medicinal Cannabis) Bill), called on and postponed by Mr , on behalf of Mr Luke Foley.

10 SECURING NSW STEEL INDUSTRY BILL —POSTPONEMENT

General business order of the day (for bills) no. 3 (Securing NSW Steel Industry Bill), called on and postponed by Mr Nick Lalich, on behalf of Mr .

11 LOCAL GOVERNMENT AMENDMENT (AMALGAMATION REFERENDUMS) BILL

The order of the day was read.

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

Debate ensued.

Ms speaking—

Mr moved, That the member be not further heard.

Question put.

The House divided.

AYES 34

Ms Aitchison, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Ms Cotsis, Mr Crakanthorp, Mr Daley, Mr Dib, Mr Donato, Ms Doyle, Ms Finn, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Robertson, Mr Scully, Ms T.F. Smith, Ms Tesch, Mr Warren and Ms Washington.

Tellers: Mr Atalla and Mr Lalich.

NOES 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, Ms Gibbons, Ms Goward, Mr Grant, Mr Griffin, Mr Gulaptis, Mrs Hancock, 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 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 George.

Pairs: Mr Foley—Mr Fraser and Mr Lynch—Mr Rowell.

Question negatived.

Debate continued.

Ms Gabrielle Upton speaking—

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Debate interrupted for general business orders of the day (general orders) and general business notices of motions (general notices). ______

Ordered, That the resumption of the debate stand an order of the day for tomorrow.

12 DAYLIGHT SAVING

Mr moved, pursuant to notice, That this House:

(1) Acknowledges the concerns of residents across rural and regional New South Wales regarding the length of the daylight saving period.

(2) Notes that it’s now been a decade since the daylight saving period was extended by six weeks without a mandate from the people.

(3) Supports those people of regional and rural New South Wales affected by the lengthy daylight saving period in their call to end it a month earlier.

Debate ensued.

Question put and negatived.

13 CAMPBELLTOWN TRAIN CARRIAGE OVERHEATING

The order of the day was read for the resumption of the interrupted debate, on the motion of Mr , That this House:

(1) Condemns the Government for its inaction on, and the increased allocation of, non-air- conditioned trains for Campbelltown commuters.

(2) Notes that in the past few weeks Campbelltown has experienced extreme heatwave conditions and reports that the temperature inside train carriages at Campbelltown have exceeded 50 degrees.

(3) Rejects the Minister for Transport’s explanation that non-air-conditioned trains are only used as a backup as it is completely inconsistent with the experiences of Campbelltown rail commuters.

(4) Calls on the Government to take action to immediately deliver on its election commitment to remove all non-air-conditioned trains from the Sydney Trains network.

Question again proposed and debate resumed.

Ms and Mr Ray Williams, by leave, also spoke to the motion.

Question put.

The House divided.

AYES 33

Ms Aitchison, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Ms Cotsis, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Robertson, Mr Scully, Ms T.F. Smith, Ms Tesch, Mr Warren and Ms Washington. 1319 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 3 August 2017

Tellers: Mr Atalla and Mr Lalich.

NOES 48

Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mrs Davies, Mr Dominello, Mr Elliott, Mr Evans, Mr George, Ms Gibbons, Ms Goward, Mr Greenwich, Mr Griffin, 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 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 Crouch.

Pairs: Mr Foley—Mr Fraser; Mr Lynch—Mrs Hancock; Ms Watson—Mr Roberts and Mr Zangari—Mr Rowell.

Question negatived. ______

The Temporary Speaker (Mr Adam Crouch) left the Chair at 1.30 pm.

The Speaker resumed the Chair at 2.15 pm. ______

14 APPOINTMENT OF ACTING CLERK-ASSISTANT, TABLE AND DIRECTOR, TABLE AND CHAMBER SERVICES

The Speaker advised the House that on 3 July 2017, Jonathan Elliott was appointed Acting Clerk- Assistant, Table, and Carly Maxwell was appointed Director, Table and Chamber Services.

15 MENTAL HEALTH COMMISSION

The Speaker, in accordance with section 17 of the Mental Health Commission Act 2012, tabled the report of the Mental Health Commission entitled “Review of transparency and accountability of mental health funding to health services”, dated July 2017.

Ordered to be printed.

16 MESSAGE FROM THE GOVERNOR

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

DAVID HURLEY Government House Governor Sydney, 2 August 2017

I, General The Honourable DAVID HURLEY AC DSC (Ret’d), in pursuance of the power and authority vested in me as Governor of the State of New South Wales, do hereby convene a joint sitting of the Members of the Legislative Council and the Legislative Assembly for the purpose of the election of a person to fill the seat in the Legislative Council vacated by Mr Duncan Gay, and I do hereby announce and declare that such Members shall assemble for such purpose on Wednesday the 9th day of August 2017 at 3:45 pm in the building known as the Legislative Council Chamber situated in Macquarie Street in the City of Sydney; and the Members of the Legislative Council and the Members of the Legislative Assembly are hereby required to give their attendance at the said time and place accordingly.

In order that the Members of both Houses of Parliament may be duly informed of the convening of the joint sitting, I have this day addressed a like message to the President of the Legislative Council.

1320 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 3 August 2017

Ordered by the Speaker, That the joint sitting be set down as an order of the day for 3.45 pm on Wednesday 9 August 2017 as appointed in His Excellency’s message.

17 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 Christopher Gulaptis 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 Transport and Infrastructure provided additional information.

(4) Following a request from Mr Greg Aplin pursuant to standing order 131 (3), the Minister for Planning, Minister for Housing, and Special Minister of State provided additional information. ______

Disorder: At 2.45 pm, the Speaker directed Mr Stephen Kamper to leave the Chamber for three hours.

Disorder: By direction of the Speaker, Mr was removed from the Chamber by the Deputy Serjeant-at-Arms.

Disorder: By direction of the Speaker, Mr was removed from the Chamber by the Deputy Serjeant-at-Arms.

Disorder: By direction of the Speaker, Dr Hugh McDermott was removed from the Chamber by the Deputy Serjeant-at-Arms.

Disorder: By direction of the Speaker, Mr Greg Warren was removed from the Chamber by the Deputy Serjeant-at-Arms.

Disorder: By direction of the Speaker, Ms was removed from the Chamber by the Deputy Serjeant-at-Arms.

Disorder: By direction of the Speaker, Ms was removed from the Chamber by the Deputy Serjeant-at-Arms.

Disorder: By direction of the Speaker, Ms was removed from the Chamber by the Deputy Serjeant-at-Arms.

Disorder: By direction of the Speaker, Mr was removed from the Chamber by the Deputy Serjeant-at-Arms. ______

18 PAPERS

(1) Mr Dominic Perrottet tabled:

Variations of the Payments Estimates and Appropriations for 2016-17, under section 24 of the Public Finance and Audit Act 1983, flowing from the transfer of functions between agencies, dated 27 June 2017.

Variations of the Receipts and Payments Estimates and Appropriations for 2016-17, under section 26 of the Public Finance and Audit Act 1983, arising from the provision by the Commonwealth of Specific 1321 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 3 August 2017

Purpose Payments in excess of the amounts included in the State’s receipts and payments estimates – Department of Industry, dated 28 June 2017.

Variations of the Receipts and Payments Estimates and Appropriations for 2016-17, under section 26 of the Public Finance and Audit Act 1983, arising from the Commonwealth receipts and transfer payment to non-Government schools and local government in excess of the amounts included in the State’s receipts and payments estimates, dated 25 July 2017.

(2) Mr tabled the report of the Public Interest Disclosures Steering Committee for 2015-2016, dated February 2017.

19 LEGISLATION REVIEW COMMITTEE

Mr Michael Johnsen, Chair, tabled the report of the Legislation Review Committee entitled “Legislation Review Digest No. 40/56”, dated 3 August 2017.

Ordered to be printed.

Mr Michael Johnsen also tabled the minutes of the committee meeting regarding Legislation Review Digest No. 39/56.

20 PETITIONS

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

Mr —from certain citizens opposing the sale of animals in pet shops.

Ms —from certain citizens requesting investment in public transport and to keep inner west bus services in public hands.

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

Mr Alex Greenwich—from certain citizens requesting the banning of lightweight plastic bags in New South Wales. ______

Matter of public importance proceeded with. ______

21 MATTER OF PUBLIC IMPORTANCE—LOCAL GOVERNMENT WEEK

The Speaker previously informed the House of receipt from Mr of a notice of a matter of public importance, namely:

Local Government Week.

Discussion ensued and concluded.

22 COMMUNITY RECOGNITION STATEMENTS ______

The Temporary Speaker (Mr Adam Crouch) obtained the leave of the House to permit the taking of community recognition statements until 4.30 pm. ______

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It being 4.30 pm, discussion of petition signed by 10,000 or more persons proceeded with. ______

23 DISCUSSION OF PETITION SIGNED BY 10,000 OR MORE PERSONS—AFFORDABLE HOUSING

The order of the day was read for the discussion of the petition signed by 10,000 or more persons presented by Mr Damien Tudehope, namely:

From certain citizens requesting legislation mandating a percentage of all new residential developments be set aside for affordable housing.

Discussion ensued.

Ms and Dr Geoff Lee, by leave, also addressed the House.

Discussion concluded.

Ms Tania Mihailuk sought leave to also address the House.

Leave not granted. ______

Disorder: By direction of the Temporary Speaker (Mr ), Ms Jodi McKay was removed from the Chamber by the Deputy Serjeant-at-Arms. ______

24 PRIVATE MEMBERS’ STATEMENTS

25 ADJOURNMENT

The House adjourned, pursuant to standing and sessional orders, at 5.55 pm, until Tuesday 8 August 2017, at 12.00 noon.

Attendance: All members present except Mr Andrew Fraser, Mr , Mr , Mr Jai Rowell, Ms and Mr .

HELEN MINNICAN Clerk of the Legislative Assembly Speaker ______

Authorised by the Parliament of New South Wales