1015

LEGISLATIVE ASSEMBLY

2015-16

FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT

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VOTES AND PROCEEDINGS

No. 98

WEDNESDAY 16 NOVEMBER 2016

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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 MESSAGES FROM THE LEGISLATIVE COUNCIL—BIODIVERSITY CONSERVATION BILL AND LOCAL LAND SERVICES AMENDMENT BILL

The Speaker reported the following messages from the Legislative Council:

Madam SPEAKER

The Legislative Council having this day passed a bill titled “an Act relating to the conservation of biodiversity; and to repeal the Threatened Species Conservation Act 1995, the Nature Conservation Trust Act 2001 and the animal and plant provisions of the National Parks and Wildlife Act 1974” transmits the bill to the Legislative Assembly for concurrence.

Legislative Council PAUL GREEN 16 November 2016 am Deputy President

Madam SPEAKER

The Legislative Council having this day passed a bill titled “an Act to repeal the Native Vegetation Act 2003; and to amend the Local Land Services Act 2013 in relation to native vegetation land management in rural areas” transmits the bill to the Legislative Assembly for concurrence.

1016 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 November 2016

Legislative Council PAUL GREEN 16 November 2016 am Deputy President

Bills introduced and read a first time.

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

3 NOTICES OF MOTIONS (GENERAL NOTICES)

4 BIODIVERSITY CONSERVATION BILL LOCAL LAND SERVICES AMENDMENT BILL

The order of the day was read.

Mr , on behalf of Mr , moved, That these bills be now read a second time.

Debate ensued.

Mr Troy Grant, Mr , Mr and Mr Kevin Humphries obtained extensions of time.

Debate continued. ______

It being 1.15 pm, debate interrupted for community recognition statements. ______

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

5 COMMUNITY RECOGNITION STATEMENTS ______

The Temporary Speaker (Mrs ) left the Chair at 1.36 pm.

The Speaker resumed the Chair at 2.15 pm. ______

6 MINISTERIAL ANNOUNCEMENTS

Mr Anthony Roberts, on behalf of Mr Mike Baird, informed the House that:

(1) On 15 November 2016, His Excellency the Governor accepted the resignation of the Honourable Troy Wayne Grant MP as Deputy Premier.

(2) On 15 November 2016, His Excellency the Governor appointed the Honourable Giovanni Domenic Barilaro MP as Deputy Premier.

7 NOTICES OF MOTIONS

8 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

Mr —Infrastructure Investment. Mr —Cabonne Shire Council Merger.

1017 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 November 2016

9 QUESTION TIME ______

(1) Following a request from Mr Ray Williams pursuant to standing order 131 (3), the Premier, and Minister for Western Sydney provided additional information.

(2) Following a request from Ms Katrina Hodgkinson pursuant to standing order 131 (3), the Deputy Premier, Minister for Regional Development, Minister for Skills, and Minister for Small Business provided additional information.

(3) Following a request from Mr Daryl Maguire pursuant to standing order 131 (3), the Minister for Health provided additional information.

(4) Following a request from Mr pursuant to standing order 131 (3), the Minister for Industry, Resources and Energy provided additional information. ______

10 PAPERS

(1) Mr tabled the report of the NSW Skills Board for the year ended 30 June 2016.

(2) Mr Adrian Piccoli tabled the report of the Board of Studies, Teaching and Educational Standards New South Wales for the year ended 30 June 2016.

(3) Mr Anthony Roberts tabled:

Reports for the year ended 30 June 2016 of – Administration of Agricultural Statutory Authorities; Cemeteries and Crematoria NSW; Coal Innovation NSW Fund; Cobar Water Board; Dams Safety Committee; Dumaresq-Barwon Border Rivers Commission; NSW Food Authority; Department of Industry, Skills and Regional Development; Local Land Services; Rice Marketing Board; New South Wales Rural Assistance Authority; Wentworth Park Sporting Complex Trust; and Veterinary Practitioners Board of New South Wales.

Report of the Independent Pricing and Regulatory Tribunal entitled “Licence compliance under the Water Industry Competition Act 2006 (NSW), Report to the Minister, Water – Annual Compliance Report”, dated October 2016.

(4) Mr tabled:

Reports for the year ended 30 June 2016 of – Building Insurers’ Guarantee Corporation (BIGCorp); Department of Finance, Services and Innovation (including the report of the NSW Procurement Board, Waste Assets Management Corporation, Registrar-General, Surveyor-General, Geographical Names Board of New South Wales, Office of the Valuer-General, and Board of Surveying and Spatial Information); Insurance and Care NSW (including the financial statements for Workers Compensation (Dust Diseases) Authority, Lifetime Care and Support Authority, NSW Self Insurance Corporation and Sporting Injuries Compensation Authority) (Volumes One and Two); Mine Subsidence Board; Property NSW (including the financial statements for Government Property NSW, Sydney Harbour Foreshore Authority and NSW Teacher Housing Authority); Service NSW; State Records Authority of New South Wales; and NSW Government Telecommunications (Telco) Authority.

Report of the Mine Subsidence Board for the year ended 30 June 2015.

(5) Ms Pru Goward tabled:

Reports for the year ended 30 June 2016 of – Ministry of Health (incorporating the Financial Statements of Public Health Organisations under its control) (Volumes One to Four); Mental Health Commission of New South Wales; Mental Health Review Tribunal; and New South Wales Institute of Psychiatry. 1018 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 November 2016

(6) Mr David Elliott tabled:

Reports for the year ended 30 June 2016 of – Trustees of the Anzac Memorial Building; Fire and Rescue NSW; NSW Rural Fire Service; Serious Offenders Review Council; New South Wales State Emergency Service; and State Parole Authority.

(7) Mrs Leslie Williams tabled the report of the New South Wales Aboriginal Land Council for the year ended 30 June 2016.

11 COMMITTEE ON THE INDEPENDENT COMMISSION AGAINST CORRUPTION

The Acting Clerk announced receipt of the Government Response to Report 2/56 of the Committee on the Independent Commission Against Corruption entitled “Review of the Independent Commission Against Corruption: consideration of the Inspector’s reports” (received 15 November 2016).

12 JOINT STANDING COMMITTEE ON ROAD SAFETY

Mr Greg Aplin, Chair, in accordance with standing order 299 (1), informed the House that the Joint Standing Committee on Road Safety had resolved to conduct an inquiry into driver education, training and road safety, the full details of which were available on the Committee’s home page.

13 COMMITTEE ON CHILDREN AND YOUNG PEOPLE

Ms , Chair, tabled the report of the Committee on Children and Young People entitled “Sexualisation of Children and Young People”, Report 2/56, dated November 2016.

Ordered to be printed.

14 PETITION SIGNED BY 10,000 OR MORE PERSONS

The Speaker announced that the following member had lodged a petition for presentation signed by 10,000 or more persons:

Mr —from certain citizens requesting that the Fisheries Business Structural Adjustment Program be paused and alternate options be evaluated.

15 PETITIONS

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

Mr —from certain citizens requesting that museum services be expanded around New South Wales and the Powerhouse Museum remain in Ultimo.

Ms Melanie Gibbons—from certain citizens requesting that the Legislative Assembly rejects any plans for building or operating an ICE smoking room in the South or South West Region of Sydney.

Mr Kevin Conolly—from certain citizens opposing the use of the Safe Schools Coalition program in government schools and requesting that the Government support holistic anti-bullying approaches.

Mr Alex Greenwich—from certain citizens requesting that a long-term lease be provided to the National Art School for its site, that it remains independent, and that the Government continue its funding until the Commonwealth Government agrees to fund it as an independent art institution.

Mr Alex Greenwich—from certain citizens requesting new inner city ferries.

1019 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 November 2016

Mr Alex Greenwich—from certain citizens requesting that the Sirius building be retained and continue to function as social housing.

Mr Alex Greenwich—from certain citizens requesting that the Government retain and properly maintain inner city social housing.

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

(2) The Acting Clerk also announced receipt of the following ministerial response to a petition signed by 500 or more persons:

The Hon. David Elliott—lodged 11 October 2016—Requesting that the Government reverse the decision to reduce education roles in Corrective Services NSW and maintain quality public provision of adult education and vocational training in correction centres—(Mr ).

16 RE-ORDERING OF GENERAL BUSINESS

Mr moved, That the general business notice of motion (general notice) given by him this day (Recidivism Rates) have precedence on Thursday 17 November 2016.

Debate ensued.

Question put.

The House divided.

AYES 44

Mr Anderson, Mr Aplin, Mr Barilaro, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mr Dominello, Mr Elliott, Ms Gibbons, Ms Goward, Mr Greenwich, 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 Piper, Mr Provest, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.

Tellers: Mr Bromhead and Mr Patterson.

NOES 34

Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Robertson, Ms T.F. Smith, Ms Washington, Ms Watson and Mr Zangari.

Tellers: Mr Lalich and Mr Warren. In the Chair: Mr Evans.

Pair: Mr Baird—Ms K. Smith.

Question passed.

17 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY

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

1020 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 November 2016

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Disorder: At 3.44 pm, the Temporary Speaker (Mr ) directed Mr John Robertson to leave the Chamber for one hour. ______

(2) Mr Greg Warren also made a statement in support of his notice being accorded priority—

That this House:

(1) Congratulates the people of the Cabonne Shire Council for their opposition to the dictatorial program of forced council mergers being imposed on them by the Government.

(2) Welcomes the fact that this opposition was democratically expressed with massive swings against The Nationals in places such as Molong, Cumnock and Canowindra.

(3) Calls on the Government to finally respect the wishes of the community and abandon its plans to terminate the independent existence of Cabonne Shire and other local governments across New South Wales.

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

The House divided.

AYES 44

Mr Anderson, Mr Aplin, Mr Barilaro, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mr Dominello, Mr Elliott, Ms Gibbons, Ms Goward, 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 Roberts, Mr Rowell, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.

Tellers: Mr Bromhead and Mr Patterson.

NOES 34

Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Ms T.F. Smith, Ms Washington, Ms Watson and Mr Zangari.

Tellers: Mr Lalich and Mr Warren. In the Chair: Mr Evans.

Pair: Mr Baird—Ms K. Smith.

Question passed.

18 MOTION ACCORDED PRIORITY—INFRASTRUCTURE INVESTMENT

Mr Matt Kean moved, pursuant to notice, That this House:

(1) Welcomes the Government’s record $73 billion infrastructure investment over the next four years.

(2) Notes that only with a strong economy can infrastructure be built and improve services across 1021 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 November 2016

the State.

(3) Recognises that only this Government can keep New South Wales number one.

Debate ensued. ______

Disorder: At 4.02 pm, the Temporary Speaker (Mr Lee Evans) directed Mr Stephen Kamper to leave the Chamber for one hour. ______

Debate continued

Question put.

The House divided.

AYES 46

Mr Anderson, Mr Aplin, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mr Dominello, Mr Elliott, Ms Gibbons, Ms Goward, 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 Roberts, Mr Rowell, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.

Tellers: Mr Bromhead and Mr Patterson.

NOES 33

Ms Aitchison, Mr Atalla, Mr Barr, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Ms Leong, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Ms T.F. Smith, Ms Washington, Ms Watson and Mr Zangari.

Tellers: Mr Lalich and Mr Warren. In the Chair: Mr Evans.

Pairs: Mrs Davies—Mr Foley and Mr Fraser—Ms K. Smith.

Question passed.

19 SUSPENSION OF STANDING AND SESSIONAL ORDERS—ROUTINE OF BUSINESS

Mr Anthony Roberts moved, That standing and sessional orders be suspended:

(1) At this sitting to provide:

(a) That no motions for the adjournment of the debate on the Biodiversity Conservation Bill and cognate bill be entertained.

(b) That from the commencement of Government business until the rising of the House, no divisions be conducted or quorums be called.

(c) That any division called be deferred and conducted at 1.00 pm tomorrow, and any business shall be interrupted and recommenced after any such division.

(d) That the House may sit past 10.00 pm. 1022 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 November 2016

(2) On Thursday 17 November 2016, to provide for the following routine of business prior to 2.15 pm:

(a) At 10.00 am, Speaker takes the Chair; (b) Giving of General Business Notices of Motions (General Notices) for a period of up to 10 minutes; (c) General Business Notice of Motions (for Bills) for up to 20 minutes; (d) General Business Orders of the Day (for Bills) for up to 60 minutes; (e) Consideration of General Business Notices of Motions (General Notices); and (f) At 1.00 pm, Government business for up to 30 minutes.

Question put and passed.

20 BIODIVERSITY CONSERVATION BILL LOCAL LAND SERVICES AMENDMENT BILL

The order of the day was read for the resumption of the interrupted debate, on the motion of Mr Anthony Roberts, That these bills be now read a second time.

Question again proposed and debate resumed.

Ms Katrina Hodgkinson, Dr Hugh McDermott, Ms , Mr Greg Piper, Ms , Ms and Mr David Harris obtained extensions of time.

Debate continued.

Question put and division called. In accordance with the earlier resolution, the conduct of the division was deferred.

21 MESSAGE FROM THE LEGISLATIVE COUNCIL

The Temporary Speaker (Ms ) reported a message from the Legislative Council dated 16 November 2016, returning the Independent Commission Against Corruption Amendment Bill, without amendment.

22 PRIVATE MEMBERS’ STATEMENTS

23 MATTER OF PUBLIC IMPORTANCE—WORLD PREMATURITY DAY

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

World Prematurity Day (Miracle Babies Foundation).

Discussion ensued and concluded.

24 ADJOURNMENT

The House adjourned, pursuant to standing and sessional orders, at 10.30 pm, until tomorrow, at 10.00 am.

1023 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 16 November 2016

Attendance: All members present except Mrs (granted leave), Mr Thomas George and Ms Kathy Smith.

HELEN MINNICAN Acting Clerk of the Legislative Assembly Speaker ______

Authorised by the Parliament of New South Wales