Legislative Assembly of Victoria
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LEGISLATIVE ASSEMBLY OF VICTORIA VOTES AND PROCEEDINGS Nos 22, 23, 24 and 25 No 22 — Tuesday 4 June 2019 1 The House met according to the adjournment — The Speaker took the Chair, read the Prayer and made an acknowledgement of Country. 2 DEATH OF THE HONOURABLE DANIEL ERIC KENT, OAM — Motion made and question — That this House expresses its sincere sorrow at the death of the Honourable Daniel Eric Kent, OAM, and places on record its acknowledgement of the valuable services rendered by him to the Parliament and the people of Victoria as Member of the Legislative Council for the Provinces of Gippsland from 1970 to 1976 and Chelsea from 1979 to 1985 and Minister for Agriculture from 1982 to 1985 (Mr Andrews) — members addressed the House in support, and the motion was agreed to unanimously with members rising in their places to signify their assent. 3 ADJOURNMENT — Motion made and question — That, as a further mark of respect to the memory of the late Honourable Daniel Eric Kent, OAM, the House now adjourns until 2.00 pm today (Mr Andrews) — put and agreed to. And the House, at 12.41 pm, adjourned until 2.00 pm. BRIDGET NOONAN COLIN BROOKS MP Clerk of the Legislative Assembly Speaker No 23 — Tuesday 4 June 2019 (2.00 pm) 1 The House met according to the adjournment — The Speaker took the Chair. 2 QUESTION TIME — (Under Sessional Order 9). 3 LEGAL PROFESSION UNIFORM LAW APPLICATION AMENDMENT BILL 2019 — Mr Carroll obtained leave to bring in ‘A Bill for an Act to amend the Legal Profession Uniform Law Application Act 2014 to change the membership of certain inter-jurisdictional administrative bodies, to validate certain actions and decisions and for other purposes’; and, after debate, the Bill was read a first time and ordered to be read a second time tomorrow. 138 Legislative Assembly of Victoria 4 SUPERANNUATION LEGISLATION AMENDMENT BILL 2019 — Mr Scott obtained leave to bring in ‘A Bill for an Act to amend the Emergency Services Superannuation Act 1986 and certain other Superannuation Acts and for other purposes’; and, after debate, the Bill was read a first time and ordered to be read a second time tomorrow. 5 MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) AMENDMENT BILL 2019 — Mr Pallas obtained leave to bring in ‘A Bill for an Act to amend the Criminal Procedure Act 2009, the Mineral Resources (Sustainable Development) Act 1990, the Mineral Resources (Sustainable Development) Amendment (Latrobe Valley Mine Rehabilitation Commissioner) Act 2017 and for other purposes’; and, after debate, the Bill was read a first time and ordered to be read a second time tomorrow. 6 ASSISTED REPRODUCTIVE TREATMENT AMENDMENT (CONSENT) BILL 2019 — Mr Foley obtained leave to bring in ‘A Bill for an Act to amend the Assisted Reproductive Treatment Act 2008 to ensure that a married woman is not required to obtain the consent of her spouse to undergo a treatment procedure using donor sperm in circumstances where the woman has separated from her spouse, to make consequential and other amendments to the Status of Children Act 1974 and for other purposes’; and, after debate, the Bill was read a first time and ordered to be read a second time tomorrow. 7 DOCUMENTS SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — Mr Burgess, Deputy Chair, presented the Alert Digest No 7 of 2019 from the Scrutiny of Acts and Regulations Committee on the: Appropriation (2019–2020) Bill 2019 Appropriation (Parliament 2019–2020) Bill 2019 State Taxation Acts Amendment Bill 2019 together with appendices. Ordered to be published. DOCUMENTS TABLED UNDER ACTS OF PARLIAMENT — The Clerk tabled the following documents under Acts of Parliament: Auditor-General: Results of 2018 Audits: Technical and Further Education Institutes — Ordered to be published Results of 2018 Audits: Universities — Ordered to be published National Parks Act 1975 — Notice of consent under s 40 to undertake petroleum operations within Port Campbell National Park Parliamentary Committees Act 2003 — Government response to the Environment, Natural Resources and Regional Development Committee’s Report on the Inquiry into the sustainability and operational challenges of Victoria’s rural and regional councils Votes and Proceedings 4, 5 and 6 June 2019 139 Planning and Environment Act 1987 — Notices of approval of amendments to the following Planning Schemes: Frankston — C133 Kingston — C183 Statutory Rules under the following Acts: Domestic Animals Act 1994 — SR 36 Local Government Act 1989 — SR 37 Supreme Court Act 1986 — SR 38 Subordinate Legislation Act 1994 — Documents under s 15 in relation to Statutory Rules 30, 33. PROCLAMATION — Under Sessional Order 16, the Clerk tabled the following proclamation fixing an operative date: Fair Work (Commonwealth Powers) Amendment Act 2019 — Whole Act — 31 May 2019 (Gazette S205, 28 May 2019). 8 MESSAGE FROM THE LIEUTENANT-GOVERNOR — ASSENT TO BILLS — Informing the Legislative Assembly that he had, today, given the royal assent to the following bills, presented to him by the Clerk of the Parliaments: Audit Amendment Bill 2018 Guardianship and Administration Bill 2018 Sale of Land Amendment Bill 2019. 9 GOVERNMENT BUSINESS PROGRAM — Motion made and question — That, under SO 94(2), the Orders of the Day, Government Business, relating to the following bills be considered and completed by 5.00 pm on Thursday 6 June 2019: Firefighters’ Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Bill 2019 Disability (National Disability Insurance Scheme Transition) Amendment Bill 2019 Water and Catchment Legislation Amendment Bill 2019 (Ms Allan) — after debate, put. The House divided (the Speaker, Mr Brooks, in the Chair) — AYES 51 Juliana Addison; Jacinta Allan; Daniel Andrews; Chris Brayne; Anthony Carbines; Ben Carroll; Darren Cheeseman; Sarah Connolly; Christine Couzens; Jordan Crugnale; Lily D’Ambrosio; Steve Dimopoulos; Luke Donnellan; Paul Edbrooke; Maree Edwards; Martin Foley; Will Fowles; Matt Fregon; Danielle Green; Bronwyn Halfpenny; Katie Hall; Dustin Halse; Paul Hamer; Melissa Horne; Natalie Hutchins; Marlene Kairouz; John Kennedy; Sonya Kilkenny; Gary Maas; Stephen McGhie; Frank McGuire; James Merlino; Lisa Neville; Martin Pakula; Tim Pallas; 140 Legislative Assembly of Victoria Danny Pearson; Tim Read; Pauline Richards; Tim Richardson; Robin Scott; Michaela Settle; Ros Spence; Nick Staikos; Natalie Suleyman; Meng Heang Tak; Jackson Taylor; Kat Theophanous; Mary-Anne Thomas; Vicki Ward; Gabrielle Williams; Richard Wynne. NOES 26 Brad Battin; Gary Blackwood; Roma Britnell; Tim Bull; Neale Burgess; Ali Cupper; David Hodgett; Emma Kealy; Tim McCurdy; Cindy McLeish; David Morris; Russell Northe; Danny O’Brien; Michael O’Brien; Richard Riordan; Brad Rowswell; Steph Ryan; Suzanna Sheed; Ryan Smith; David Southwick; Louise Staley; Bill Tilley; Bridget Vallence; Nick Wakeling; Peter Walsh; Kim Wells. Question agreed to. 10 STATEMENTS BY MEMBERS — Members made statements. 11 POSTPONEMENT OF NOTICE OF MOTION — Ordered — That the consideration of Government Business, Notice of Motion, No 1 be postponed until later this day. 12 FIREFIGHTERS’ PRESUMPTIVE RIGHTS COMPENSATION AND FIRE SERVICES LEGISLATION AMENDMENT (REFORM) BILL 2019 — Ms Neville tabled a statement of compatibility in accordance with the Charter of Human Rights and Responsibilities Act 2006. Motion made and question proposed — That this Bill be now read a second time (Ms Neville). The second reading speech was incorporated into Hansard. Motion made and question — That the debate be now adjourned (Mr Battin) — put and agreed to. Motion made and question — That the debate be adjourned until tomorrow (Ms Neville) — after debate, put. The House divided (the Speaker, Mr Brooks, in the Chair) — AYES 51 Juliana Addison; Jacinta Allan; Daniel Andrews; Chris Brayne; Anthony Carbines; Ben Carroll; Darren Cheeseman; Sarah Connolly; Christine Couzens; Jordan Crugnale; Lily D’Ambrosio; Steve Dimopoulos; Luke Donnellan; Paul Edbrooke; Maree Edwards; Martin Foley; Will Fowles; Matt Fregon; Danielle Green; Bronwyn Halfpenny; Katie Hall; Dustin Halse; Paul Hamer; Melissa Horne; Natalie Hutchins; Marlene Kairouz; John Kennedy; Sonya Kilkenny; Gary Maas; Stephen McGhie; Frank McGuire; James Merlino; Lisa Neville; Martin Pakula; Tim Pallas; Danny Pearson; Tim Read; Pauline Richards; Tim Richardson; Robin Scott; Michaela Settle; Ros Spence; Nick Staikos; Natalie Suleyman; Meng Heang Tak; Jackson Taylor; Kat Theophanous; Mary-Anne Thomas; Vicki Ward; Gabrielle Williams; Richard Wynne. NOES 26 Brad Battin; Gary Blackwood; Roma Britnell; Tim Bull; Neale Burgess; Ali Cupper; David Hodgett; Emma Kealy; Tim McCurdy; Cindy McLeish; David Morris; Russell Northe; Danny O’Brien; Michael O’Brien; Richard Riordan; Steph Ryan; Suzanna Sheed; Ryan Smith; Tim Smith; David Southwick; Louise Staley; Bill Tilley; Bridget Vallence; Nick Wakeling; Peter Walsh; Kim Wells. Votes and Proceedings 4, 5 and 6 June 2019 141 Question agreed to. Debate adjourned until Wednesday 5 June 2019. 13 DISABILITY (NATIONAL DISABILITY INSURANCE SCHEME TRANSITION) AMENDMENT BILL 2019 — Mr Donnellan tabled a statement of compatibility in accordance with the Charter of Human Rights and Responsibilities Act 2006. Motion made and question proposed — That this Bill be now read a second time (Mr Donnellan). The second reading speech was incorporated into Hansard. Motion made and question — That the debate be now adjourned (Mr Bull, Gippsland East) — put and agreed to. Motion made and question — That the debate be adjourned until tomorrow (Mr Donnellan) —