1315
LEGISLATIVE ASSEMBLY
2015-16-17
FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT
______
VOTES AND PROCEEDINGS
No. 132
THURSDAY 3 AUGUST 2017
______
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 Dominic Perrottet, 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 Adam Crouch 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 Matt Kean 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 Yasmin Catley) 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 Nick Lalich, 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 Ryan Park.
11 LOCAL GOVERNMENT AMENDMENT (AMALGAMATION REFERENDUMS) BILL
The order of the day was read.
Mr Philip Donato moved, That this bill be now read a second time.
Debate ensued.
Ms Gabrielle Upton speaking—
Mr Michael Daley 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—
1318 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 3 August 2017
______
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 Geoff Provest 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 Greg Warren, 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 Melanie Gibbons 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 Geoff Lee 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 Gareth Ward 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 Clayton Barr was removed from the Chamber by the Deputy Serjeant-at-Arms.
Disorder: By direction of the Speaker, Mr Chris Minns 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 Sophie Cotsis was removed from the Chamber by the Deputy Serjeant-at-Arms.
Disorder: By direction of the Speaker, Ms Jenny Aitchison was removed from the Chamber by the Deputy Serjeant-at-Arms.
Disorder: By direction of the Speaker, Ms Kate Washington was removed from the Chamber by the Deputy Serjeant-at-Arms.
Disorder: By direction of the Speaker, Mr Tim Crakanthorp 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 Anthony Roberts 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 Alex Greenwich—from certain citizens opposing the sale of animals in pet shops.
Ms Jo Haylen—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 Ron Hoenig 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. ______
1322 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 3 August 2017
______
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 Jenny Leong 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 Lee Evans), 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 Paul Lynch, Mr Greg Piper, Mr Jai Rowell, Ms Anna Watson and Mr Guy Zangari.
HELEN MINNICAN SHELLEY HANCOCK Clerk of the Legislative Assembly Speaker ______
Authorised by the Parliament of New South Wales