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Tuesday 2 March 2021 LEGISLATIVE ASSEMBLY OF VICTORIA VOTES AND PROCEEDINGS Nos 95, 96 and 97 No 95 — Tuesday 2 March 2021 1 The House met at the Royal Exhibition Building at Nicholson Street, Carlton, in accordance with the Proclamation of the Governor and the terms of its resolution on Friday 19 February 2021 — The Speaker took the Chair, read the Prayer and made an Acknowledgement of Country. 2 VISITORS — In accordance with the resolution of the House on Friday 19 February 2021 Ms Penny Armytage AM, Professor Alan Fels AM, Dr Alex Cockram, Professor Bernadette McSherry, Professor Patrick McGorry AO, Ms Amelia Morris, Mr Alistair Gabb and members of the Legislative Council were present on the floor of the House. 3 The Speaker made welcoming remarks and informed the House that the Governor had issued the following Proclamation: CONSTITUTION ACT 1975 PROCLAMATION I, Linda Dessau AC, Governor of Victoria, acting under section 8 of the Constitution Act 1975 and all other powers vested in me: (i) vary and alter the place for the despatch of business of the Legislative Assembly on 2 March 2021 and fix the Royal Exhibition Building at Nicholson Street, Carlton, until the completion of business agreed to occur at the Royal Exhibition Building by the resolution of the Legislative Assembly on 19 February 2021; and (ii) confirm that once the Legislative Assembly has completed the business agreed to occur at the Royal Exhibition Building by the resolution of the Legislative Assembly on 19 February 2021, the despatch of business of the Legislative Assembly will revert to Parliament House, Melbourne. Given under my hand and the seal of Victoria at Melbourne, this 25th day of February 2021. (LS) THE HONOURABLE LINDA DESSAU AC Governor By Her Excellency's Command THE HONOURABLE DANIEL ANDREWS MP Premier of Victoria 542 Legislative Assembly of Victoria 4 DOCUMENT TABLED UNDER AN ACT OF PARLIAMENT — The Clerk tabled the following document under an Act of Parliament: Royal Commission into Victoria’s Mental Health System — Final Report (six volumes) — Ordered to be published. 5 ADDRESSES BY VISITORS — The Chair of the Royal Commission Penny Armytage AM, Professor Patrick McGorry AO, Ms Amelia Morris and Mr Alistair Gabb addressed the House. 6 RESPONSES — The Premier, the Leader of the Opposition, the Minister for Mental Health and the Member for Lowan made responses. 7 CLOSING REMARKS — The Speaker made closing remarks and visitors withdrew from the floor of the House. [The Speaker left the Chair at 11.31 am and resumed it at Parliament House, Melbourne at 2.31 pm under the resolution of the House on Friday 19 February 2021] 8 SITTING ARRANGEMENTS — Motion made, by leave, and question — That so much of standing and sessional orders be suspended to allow the following arrangements to come into effect immediately and to remain in place until 5 March 2021: Order of business (1) The order of business is: Wednesday Formal business Statements by members Statements on parliamentary committee reports Government business Question time — 11.00 am Government business continued Lunch break and cleaning in the Chamber — 1.00 pm to 2.00 pm Matter of public importance or grievance debate — 2.00 pm Government business continued Thursday Formal business Statements by members Government business Question time — 11.00 am Lunch break and cleaning in the Chamber — 1.00 pm to 2.00 pm Government business continued General business. (2) The Speaker may order additional breaks to facilitate cleaning in the Chamber. Votes and Proceedings 2, 3 and 4 March 2021 543 Times of meeting (3) Unless otherwise ordered, the House will meet on Wednesday at 9.30 am and Thursday at 9.30 am. (4) The Speaker will interrupt business under Sessional Order 2 for the adjournment on Tuesday at 8.00 pm, on Wednesday at 7.00 pm and on Thursday at 5.00 pm. Reduced number of members in the Chamber to assist with physical distancing (5) Subject to paragraphs (9) and (10), the House will be composed of the Chair and no more than 56 other members, being 34 from the Government, 17 from the Opposition, two Greens members and three independent members. (6) Except as provided for in paragraphs (9) and (10), if more members than those listed in paragraph (5) vote in a division, the Clerk will not count their vote. Quorum (7) The House gives the Chair further discretion in ringing the bells to form a quorum under SO 29, provided the Chair is confident that a quorum is present within the parliamentary precinct. (8) If, under paragraph (7) and SO 29(1), the bells are rung to form a quorum, the provisions under paragraph (5) are suspended until a quorum is formed. Divisions (9) For questions relating to the passage of bills on the government business program, the provisions of paragraph (5) are suspended and divisions will take place as follows: (a) the Chair will direct that the lower and upper public galleries be cleared; (b) the lower and upper public galleries are included as part of the Legislative Assembly Chamber until the conclusion of the consideration of all items on the government business program; (c) the House will be composed of all members; (d) the Chair and up to 56 members may attend on the floor, up to 15 members may attend in the lower public galleries and up to 16 members may attend in the upper public gallery; (e) the Chair will direct the Clerk to ring the bells for four minutes for the first division and one minute for any subsequent divisions; (f) the Chair will direct that the doors, including the doors to the public galleries, be locked and state the question being voted on; 544 Legislative Assembly of Victoria (g) the Chair will ask members who are voting ‘aye’ to stand in their place and, in turn, will ask members who are voting ‘no’ to stand in their place; (h) the Clerk will count the votes; and (i) the Chair will announce the result to the House. Bills requiring an absolute or special majority on third reading (10) Where the Chair advises the House that the third reading of a bill requires an absolute or special majority (or both) under the Constitution Act 1975, the following procedure will apply: (a) the Chair will direct that the lower and upper public galleries be cleared; (b) the lower and upper public galleries are included as part of the Legislative Assembly Chamber until the conclusion of the House’s consideration of the bill; (c) the provisions of paragraph (5) are suspended and the House will be composed of all members; (d) the Chair and up to 56 members may attend on the floor, up to 15 members may attend in the lower public galleries and up to 16 members may attend in the upper public gallery; (e) the Chair will ask the Clerk to ring the bells until at least 45 members (if the bill requires an absolute majority) or 53 members (if the bill requires a special majority) are present in the Chamber; (f) the Chair will put the third reading question; (g) if there are voices for the ‘noes’ and a division is called — (i) the division will be conducted in accordance with the provisions of paragraph (9); and (ii) after announcing the number of votes cast for the ‘ayes’ and ‘noes’ the Chair will declare whether the third reading has passed by an absolute and/or special majority of the whole number of the members of the Legislative Assembly; (h) if there are no voices for the ‘noes’, the Chair will declare the third reading passed by an absolute and/or special majority of the whole number of the members of the Legislative Assembly (Ms Allan) — put and agreed to. 9 QUESTION TIME — (Under Sessional Order 9). Votes and Proceedings 2, 3 and 4 March 2021 545 10 CEMETERIES AND CREMATORIA AMENDMENT BILL 2021 — Mr Foley introduced ‘A Bill for an Act to amend the Cemeteries and Crematoria Act 2003 to protect affected persons against harm, pain and suffering that may be caused as a result of the exercise of rights of interment by or in favour of certain persons, to make various related amendments to that Act and for other purposes’; and, after debate, the Bill was read a first time and ordered to be read a second time tomorrow. 11 WORKPLACE INJURY REHABILITATION AND COMPENSATION AMENDMENT (ARBITRATION) BILL 2021 — Ms Horne introduced ‘A Bill for an Act to amend the Workplace Injury Rehabilitation and Compensation Act 2013 and for other purposes’; and, after debate, the Bill was read a first time and ordered to be read a second time tomorrow. 12 DOCUMENTS SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — Ms Connolly tabled the Alert Digest No 3 of 2021 from the Scrutiny of Acts and Regulations Committee on the: COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020 Industrial Relations Legislation Amendment Bill 2021 Justice Legislation Amendment (System Enhancements and Other Matters) Bill 2021 Planning and Environment Amendment Bill 2021 Spent Convictions Bill 2020 State Taxation Acts Amendment Act 2020 SR No 107 — COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Miscellaneous Amendments Regulations 2020 together with appendices. Ordered to be published. DOCUMENTS TABLED UNDER ACTS OF PARLIAMENT — The Clerk tabled the following documents under Acts of Parliament: Australian Children’s Education and Care Quality Authority — Report 2019–20 Commissioner for Environmental Sustainability Victoria — Strategic Audit: Implementation of environmental management systems in Victorian Government 2019–20 Family Violence Protection Act 2008 — Evaluation of the Amendment to s 31 of the Act — Family Violence Safety Notices National Education and Care Services Freedom of Information
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