LEGISLATIVE COUNCIL MINUTES OF THE PROCEEDINGS No. 1 No. 1 — Wednesday, 19 December 2018 1 The Council met pursuant to the Proclamation of the Governor dated 12 December 2018, which was read by the Clerk and is as follows: CONSTITUTION ACT 1975 PROCLAMATION I, Linda Dessau AC, Governor of the State of Victoria, acting under sections 8 and 20 of the Constitution Act 1975 and all other powers vested in me, fix 19 December 2018 at 11.00 am as the time for the commencement and holding of the First session of the Fifty- ninth Parliament of Victoria for the dispatch of business, at Parliament House, Melbourne. The Members of the Legislative Council and the Members of the Legislative Assembly are required to attend at that time and place. Given under my Hand and the Seal of the State of Victoria, at Melbourne, this 12th day of December 2018 LINDA DESSAU Governor (L.S.) By Her Excellency’s Command DANIEL ANDREWS MP Premier 2 INTRODUCTION OF COMMISSIONER — The Honourable the Chief Justice, the Commissioner from the Governor appointed to open the Parliament, was introduced to the Council Chamber by the Usher of the Black Rod. The Honourable the Chief Justice said — MEMBERS OF THE LEGISLATIVE COUNCIL — The Governor has caused a Commission to be issued under the Seal of the State constituting her Commissioners to do in her name all that is necessary to be performed in this Parliament. This will more fully appear from the Commission which will now be read by the Clerk. The Commission was then read and is as follows: BY HER EXCELLENCY THE HONOURABLE LINDA DESSAU AC GOVERNOR OF VICTORIA TO THE HONOURABLE JUSTICE ANNE FERGUSON CHIEF JUSTICE OF VICTORIA 2 Legislative Council of Victoria AND TO THE HONOURABLE JUSTICE CHRISTOPHER MAXWELL AC PRESIDENT OF THE COURT OF APPEAL GREETING: Acting under all available powers and with the consent of the Premier, I commission each of you, on my behalf, to open the first session of the Fifty-ninth Parliament at 11.00 am in the morning of Wednesday the nineteenth day of December 2018 and to do all other things that it is necessary or usual for me to do on the opening of a new Parliament (other than to give my speech). GIVEN under my hand and the Seal of Victoria on this 17th day of December 2018 LINDA DESSAU Governor (L.S.) By Her Excellency’s Command DANIEL ANDREWS MP Premier Then the Honourable the Chief Justice said — MEMBERS OF THE LEGISLATIVE COUNCIL — The Governor will attend the Parliament later this day to inform you and Members of the Legislative Assembly of the reasons for calling this Parliament together, and as it is necessary before you proceed with business that a President of the Legislative Council be chosen, the Governor requests that you proceed to the choice of a President. 3 COMMISSION TO ADMINISTER OATH OR AFFIRMATION TO MEMBERS — The Honourable the Chief Justice handed her Commission to administer the Oath or Affirmation prescribed by section 23 of the Constitution Act 1975 to the Clerk who read the same as follows: BY HER EXCELLENCY THE HONOURABLE LINDA DESSAU AC GOVERNOR OF VICTORIA TO THE HONOURABLE JUSTICE ANNE FERGUSON CHIEF JUSTICE OF VICTORIA GREETING: Acting under section 23 of the Constitution Act 1975 I authorise you, in the Parliament Houses, Melbourne, on the nineteenth day of December 2018, to administer the prescribed Oath or Affirmation of allegiance to Members of the Legislative Council. GIVEN under my hand and the Seal of Victoria on this 17th day of December 2018 LINDA DESSAU Governor (L.S.) By Her Excellency’s Command DANIEL ANDREWS MP Premier 4 RETURNS TO WRITS — The Clerk announced that a Writ issued under the hand of the Governor on 30 October 2018 for the election of Members to serve in each of 8 Regions had been received from the Governor, and by the endorsements on that Writ it appeared that the following Members had been elected: For the Eastern Metropolitan Region — Bruce Atkinson Rodney Barton Shaun Leane Sonja Terpstra Minutes of the Proceedings 3 Mary Wooldridge For the Eastern Victoria Region — Melina Bath Jeff Bourman Jane Garrett Edward O’Donohue Harriet Shing For the Northern Metropolitan Region — Nazih Elasmar Jenny Mikakos Craig Ondarchie Fiona Patten Samantha Ratnam For the Northern Victoria Region — Mark Gepp Wendy Lovell Tania Maxwell Tim Quilty Jaclyn Symes For the South Eastern Metropolitan Region — Gavin Jennings Tien Kieu David Limbrick Gordon Rich-Phillips Adem Somyurek For the Southern Metropolitan Region — Georgie Crozier Philip Dalidakis David Davis Clifford Hayes Nina Taylor For the Western Metropolitan Region — Catherine Cumming Bernie Finn Cesar Melhem Ingrid Stitt Kaushaliya Vaghela For the Western Victoria Region — Stuart Grimley Beverley McArthur Andy Meddick Jaala Pulford Gayle Tierney 5 DECLARATION OF ALLEGIANCE — Mr Atkinson, Mr Barton, Ms Bath, Mr Bourman, Ms Crozier, Dr Cumming, Mr Dalidakis, Mr Davis, Mr Elasmar, Mr Finn, Ms Garrett, Mr Gepp, Mr Grimley, Mr Hayes, Mr Jennings, Dr Kieu, Mr Leane, Mr Limbrick, Ms Lovell, Ms Maxwell, Mrs McArthur, Mr Meddick, Mr Melhem, Ms Mikakos, Mr O’Donohue, Mr Ondarchie, Ms Patten, Ms Pulford, Mr Quilty, Dr Ratnam, Mr Rich-Phillips, Ms Shing, Mr Somyurek, Ms Stitt, Ms Symes, Ms Taylor, Ms Terpstra, Ms Tierney, Ms Vaghela and Ms Wooldridge approached the Table, and took and subscribed the oath or affirmation required by law. The Honourable the Chief Justice attested the Roll, and then withdrew. 4 Legislative Council of Victoria 6 ELECTION OF PRESIDENT — The Clerk announced that the time had arrived for proceeding to the election of a President of the Council. Mr Jennings, addressing the Clerk, nominated Mr Leane to be President. Ms Symes seconded the nomination. Mr Leane, addressing the Clerk, indicated his acceptance of the nomination. There being no further nominations, the Clerk declared Mr Leane to be elected President. The Council then calling Mr Leane to the Chair, he was taken out of his place by Mr Jennings and Ms Shing and conducted to the Chair; and then he took the Chair of the President, read the prayer and made an Acknowledgement of Country. The President made acknowledgements to the Council for the high honour that had been conferred on him. Mr Jennings and Mr Davis then congratulated the President. 7 ELECTION OF DEPUTY PRESIDENT — The President called for nominations for Deputy President. Mr Davis nominated Ms Lovell to be Deputy President. Ms Crozier seconded the nomination. There being no further nominations the President declared Ms Lovell to be elected Deputy President. The President announced that the Governor would be pleased to receive the President and Members of the Council in the Library of Parliament House at 1.25 p.m. [Sitting suspended from 11.44 a.m. until 2.01 p.m.] 8 APPROACH OF THE GOVERNOR — The approach of the Governor was announced by the Usher of the Black Rod. A fanfare was sounded. The Governor came into the Council Chamber, and the Usher of the Black Rod was commanded to desire the immediate attendance of the Legislative Assembly, who having come with their Speaker, the Governor was pleased to speak as follows: Honourable President and Members of the Legislative Council: Honourable Speaker and Members of the Legislative Assembly: First, I acknowledge the Traditional Owners of the land upon which we are gathering and I acknowledge their ongoing connection to it. Following the results of the general election on 24 November, I commissioned the Leader of the Victorian Labor Party, Mr Daniel Andrews, to form a government. Accordingly, I have called you together on this day, the first session of the 59th Parliament, to outline the policy agenda and legislative intentions of the Government in its second term. Summary The Government has spent the past four years investing in hospitals and schools, building road and rail, creating jobs and taking action on family violence. In its second term, the Government will continue to deliver on its positive plan, creating a better, fairer and stronger Victoria. The Government is committed to helping every child reach their full potential, making sure our loved ones get the care and dignity they deserve, and building the big infrastructure projects Victoria needs now, and for the future. It is a plan that aims to create more jobs and to give more Victorians the security and dignity of work. Over the next four years the Government will focus on: education jobs transport Minutes of the Proceedings 5 health; and fairness. Education The Government understands the profound power of education – the doors it opens and the opportunities it affords. In its second term, the Government will continue to invest in local schools, kindergartens and TAFE to ensure that every Victorian has the chances in life they deserve – wherever they live and whatever their background. Investing in kindergarten for all Victorian children The Government understands that success begins with making sure Victorian children get the very best start in life. That’s why the Government will undertake the largest social, economic and educational reform in early childhood learning in Victoria’s history. The Government will invest almost $5 billion over the next decade so that every Victorian child will have access to at least five hours of subsidised three-year-old kinder by 2022, increasing to 15 hours per week over the next decade. Not only will this save families thousands of dollars, it will help get children ready for school and set them up for life. As part of this investment, the Government will undertake the state’s biggest early education build, with almost 1,000 new and upgraded kinders across the state.