289
LEGISLATIVE ASSEMBLY
2015
FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT
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VOTES AND PROCEEDINGS
No. 25
TUESDAY 8 SEPTEMBER 2015
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1
MEETING OF THE HOUSE
The House met at 12.00 noon pursuant to adjournment. The Speaker took the Chair, read the prayer and
acknowledged the traditional owners, thanking them for their custodianship of country.
2
NOTICES OF MOTIONS (GENERAL NOTICES)
3
PRIVATE MEMBERS’ STATEMENTS
_____________
The Acting Speaker (Ms Melanie Gibbons) left the Chair at 1.32 pm.
The Speaker resumed the Chair at 2.15 pm.
_____________
4
SPEAKER’S STATEMENT—CENTENARY OF THE FIRST WORLD WAR
The Speaker made a statement in relation to the Centenary of the First World War and the achievements
of the Sea Transport Service.
5
MINISTERIAL ARRANGEMENT
Mr Mike Baird informed the House that the Minister for Mental Health, Minister for Medical Research,
Assistant Minister for Health, Minister for Women, and Minister for the Prevention of Domestic Violence
and Sexual Assault would answer questions today in the absence of the Minister for Health.
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6
MINISTERIAL ANNOUNCEMENT—PARLIAMENTARY SECRETARIES
Mr Anthony Roberts, on behalf of Mr Mike Baird, informed the House that on 26 August 2015, the
following members were appointed as Parliamentary Secretaries, to the offices indicated:
Dr Geoffrey Lee MP
Parliamentary Secretary for Multiculturalism
Mr Daryl William Maguire MP
Parliamentary Secretary for Corrections, Emergency Services, Veterans and the Centenary of ANZAC
Mr Anthony John Sidoti MP
Parliamentary Secretary for Transport, Roads, Industry, Resources and Energy.
7
MESSAGES FROM THE GOVERNOR
The Speaker reported messages from His Excellency the Governor assenting to the following bills:
28 August 2015
Act No. 20
Rural Fires Amendment (Bush Fire Prevention) Bill
31 August 2015
Act No. 21
8
Health Services Amendment (Paramedics) Bill.
DEATH OF BART CUMMINGS
Mr Ray Williams, by leave, made a statement in relation to the death on 30 August 2015 of James
Bartholomew “Bart” Cummings AM.
Mr Luke Foley, by leave, also addressed the House.
9
NOTICES OF MOTIONS
10
NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
Mr Alister Henskens—State Economy.
Ms Linda Burney—Learning Management and Business Reform Program.
11
QUESTION TIME
_____________
(1)
Following a request from Mr Stephen Bromhead pursuant to standing order 131 (3), the Deputy
Premier, Minister for Justice and Police, Minister for the Arts, and Minister for Racing provided
additional information.
(2)
Following a request from Mr Jonathan O’Dea pursuant to standing order 131 (3), the Minister
for Planning provided additional information.
(3)
Following a request from Mr Michael Johnsen pursuant to standing order 131 (3), the Minister
for Trade, Tourism and Major Events, and Minister for Sport provided additional information.
(4)
Following a request from Mr Gareth Ward pursuant to standing order 131 (3), the Minister for
Finance, Services and Property provided additional information.
_____________
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12
AUDITOR-GENERAL
The Clerk, in accordance with section 63C of the Public Finance and Audit Act 1983, announced receipt
of the Performance Audit Report of the Auditor-General entitled “Transferring Out-of-Home Care to
Non-Government Organisations: Department of Family and Community Services”, dated September 2015
(received 2 September 2015).
13
ANNUAL REPORTS
(1)
The Clerk, in accordance with section 11 of the Annual Reports (Statutory Bodies) Act 1984,
announced receipt of the report of the Sydney Cricket and Sports Ground Trust for the year ended 28
February 2015 (received 2 September 2015).
(2)
The Clerk, in accordance with section 12A of the Annual Reports (Statutory Bodies) Act 1984,
announced receipt of the report of the Audit Office for the year ended 30 June 2015 (received 4
September 2015).
14
STATE OWNED CORPORATIONS ACT
The Clerk, in accordance with section 27 of the State Owned Corporations Act 1989, announced receipt
of the Financial Statements of Macquarie Generation for the period 1 July 2014 to 27 February 2015
(received 3 September 2015).
15
PARLIAMENTARY ETHICS ADVISER
The Speaker, in accordance with clause 6 of the resolution of the House relating to the Parliamentary
Ethics Adviser, tabled a copy of correspondence from the Parliamentary Ethics Adviser enclosing advice
provided to the Honourable Barry O’Farrell, former Premier, dated 8 September 2015.
16
LEGISLATIVE ASSEMBLY COMMITTEE ON INVESTMENT, INDUSTRY AND REGIONAL
DEVELOPMENT
Mr Kevin Anderson, Chair, in accordance with standing order 299 (1), informed the House that the
Legislative Assembly Committee on Investment, Industry and Regional Development had resolved to
conduct an inquiry into the management of sharks and the economic impact of shark attacks on
communities in New South Wales, the full details of which were available on the Committee’s home
page.
17
LEGISLATION REVIEW COMMITTEE
Mr Michael Johnsen, Chair, tabled the report of the Legislation Review Committee entitled “Legislation
Review Digest No. 5/56”, dated 8 September 2015.
Ordered to be printed.
Mr Michael Johnsen also tabled the minutes of the committee meeting regarding Legislation Review
Digest No. 4/56.
18
STATUTORY RULES AND INSTRUMENTS
The Clerk tabled notices of the making of the following statutory rules and instruments published on the
Legislation Website (LW) or in the Government Gazette (GG):
(1)
For the week ended 28 August 2015
Adoption Act 2000—Adoption Regulation 2015 (LW 28 August 2015).
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Agricultural Industry Services Act 1998—Agricultural Industry Services Regulation 2015 (LW 28
August 2015).
Annual Reports (Departments) Act 1985—Annual Reports (Departments) Regulation 2015 (LW 28
August 2015).
Annual Reports (Statutory Bodies) Act 1984—Annual Reports (Statutory Bodies) Regulation 2015 (LW
28 August 2015).
Charitable Fundraising Act 1991—Charitable Fundraising Regulation 2015 (LW 28 August 2015).
Civil Procedure Act 2005—Civil Procedure Amendment (Hearing Fees) Regulation 2015 (LW 28 August
2015).
Confiscation of Proceeds of Crime Act 1989—Confiscation of Proceeds of Crime Regulation 2015 (LW
28 August 2015).
Conveyancers Licensing Act 2003—Conveyancers Licensing Regulation 2015 (LW 28 August 2015).
Co-operative Housing and Starr-Bowkett Societies Act 1998—Co-operative Housing and Starr-Bowkett
Societies Regulation 2015 (LW 28 August 2015).
Crimes Act 1900—Crimes Regulation 2015 (LW 28 August 2015).
Director of Public Prosecutions Act 1986—Director of Public Prosecutions Regulation 2015 (LW 28
August 2015).
Drug Court Act 1998—Drug Court Regulation 2015 (LW 28 August 2015).
Electricity (Consumer Safety) Act 2004—Electricity (Consumer Safety) Regulation 2015 (LW 28 August
2015).
Evidence Act 1995—Evidence Regulation 2015 (LW 28 August 2015).
Fines Act 1996—Fines Regulation 2015 (LW 28 August 2015).
Hunter Water Act 1991—Hunter Water Regulation 2015 (LW 28 August 2015).
Jury Act 1977—Jury Regulation 2015 (LW 28 August 2015).
Mental Health Act 2007—Mental Health Amendment (Consequential Amendments) Regulation 2015
(LW 28 August 2015).
National Parks and Wildlife Act 1974—
(a)
Erratum (GG No. 72 of 28 August 2015, p2697).
(b)
Notice of reservation of a national park reserving lands as part of Blue Mountains National Park
(GG No 72 of 28 August 2015, p2696).
Pawnbrokers and Second-hand Dealers Act 1996—Pawnbrokers and Second-hand Dealers Regulation
2015 (LW 28 August 2015).
Police Regulation (Superannuation) Act 1906—Police Superannuation Regulation 2015 (LW 28 August
2015).
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Tuesday 8 September 2015
Professional Standards Act 1994—Notification Pursuant to Section 13 (GG No. 72 of 28 August 2015,
p2731).
Property (Relationships) Act 1984—Property (Relationships) Regulation 2015 (LW 28 August 2015).
Public Finance and Audit Act 1983—Public Finance and Audit Regulation 2015 (LW 28 August 2015).
Relationships Register Act 2010—Relationships Register Regulation 2015 (LW 28 August 2015).
State Authorities Non-contributory Superannuation Act 1987—State Authorities Non-contributory
Superannuation Regulation 2015 (LW 28 August 2015).
State Authorities Superannuation Act 1987—State Authorities Superannuation Regulation 2015 (LW 28
August 2015).
State Records Act 1998—State Records Regulation 2015 (LW 28 August 2015).
Succession Act 2006—Succession Regulation 2015 (LW 28 August 2015).
Summary Offences Act 1988—Summary Offences Regulation 2015 (LW 28 August 2015).
Sydney Opera House Trust Act 1961—Sydney Opera House Trust By-law 2015 (LW 28 August 2015).
Water Industry Competition Act 2006—Water Industry Competition (General) Amendment (Licensing
Exemption) Regulation 2015 (LW 28 August 2015).
Workers Compensation Act 1987—Workers Compensation Amendment (Weekly Payments) Regulation
2015 (LW 28 August 2015).
(2)
For the week ended 4 September 2015
Drug Misuse and Trafficking Act 1985—Drug Misuse
(Methylamphetamine) Regulation 2015 (LW 1 September 2015).
and
Trafficking
Amendment
National Parks and Wildlife Act 1974—Notice of reservation of a regional park reserving lands as part of
Coffs Coast Regional Park (GG No. 75 of 4 September 2015, p2760).
Protection of the Environment Operations Act 1997—Protection of the Environment Operations (Clean
Air) Amendment (Cruise Ships) Regulation 2015 (LW 4 September 2015).
State Insurance and Care Governance Act 2015—State Insurance and Care Governance Regulation 2015
(LW 2 September 2015).
19
PETITIONS
(1)
The Clerk announced that the following member had lodged petitions for presentation:
Mr Alex Greenwich—from certain citizens requesting the upgrade of the Edgecliff Interchange.
Mr Alex Greenwich—from certain citizens requesting that companion animals be allowed to travel on all
public transport.
Mr Alex Greenwich—from certain citizens requesting increased funding for low cost housing and
homelessness services.
Mr Alex Greenwich—from certain citizens requesting a ban on hunting with pig-dogs in New South
Wales.
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Mr Alex Greenwich—from certain citizens requesting the banning of lightweight plastic bags in New
South Wales.
(2)
The Clerk announced that the following members had each lodged petitions for presentation
signed by 500 or more persons:
Ms Jodie McKay—from certain citizens requesting funding for the construction of a new school hall at
Strathfield Girls High School.
Mrs Melinda Pavey—from certain citizens opposing the sale or lease of Rankine Street car park, Crescent
Head and its airspace.
(3)
The Clerk also announced receipt of the following ministerial responses to petitions signed by
500 or more persons:
The Hon. Gladys Berejiklian—lodged 4 August 2015—Requesting the extension of the agency protection
period for lotteries agents—(Mr Kevin Anderson).
The Hon. Duncan Gay—lodged 4 August 2015—Requesting the reinstatement of the Frame Drive
Bridge, Abermain—(Mr Andrew Gee).
The Hon. Gabrielle Upton—lodged 4 August 2015—Requesting the introduction of the Magistrates Early
Referral Into Treatment program to Moree—(Mr Adam Marshall).
The Hon. Adrian Piccoli—lodged 5 August 2015—Requesting the establishment of a primary school in
Murrumbateman—(Ms Pru Goward).
20
INDEPENDENT COMMISSION AGAINST CORRUPTION AMENDMENT BILL
Mr Mike Baird obtained the leave of the House for the introduction and the second reading speech on the
Independent Commission Against Corruption Amendment Bill to proceed forthwith.
Mr Mike Baird moved, pursuant to notice, That a bill be now introduced for an Act to amend the
Independent Commission Against Corruption Act 1988 in relation to the jurisdiction and powers of the
Independent Commission Against Corruption.
Question put and passed.
Bill introduced and read a first time.
Mr Mike Baird moved, That this bill be now read a second time.
Debate adjourned (Mr Luke Foley) and the resumption of the debate made an order of the day for a future
day.
21
SUSPENSION OF STANDING AND SESSIONAL ORDERS—ROUTINE OF BUSINESS
Mr Anthony Roberts moved, That standing and sessional orders be suspended on Wednesday 9
September 2015 to:
(1)
Provide for the following routine of business after the placing and disposal of business:
(a)
(b)
(c)
(d)
The moving and seconding of an Address to Her Majesty The Queen, after which the
debate will be adjourned on motion;
Motion accorded priority;
Government business;
Private members’ statements;
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(e)
(f)
(2)
Matter of public importance; and
The House to adjourn without motion moved at the conclusion of the matter of public
importance.
In relation to the Address to Her Majesty The Queen:
(a)
Permit its consideration during government business.
(b)
Provide for a speaking time limit of 10 minutes per member, with no extension of time.
Question put and passed.
22
NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
(1)
Mr Alister Henskens made a statement in support of his notice being accorded priority over the
other business of the House.
(2)
Ms Linda Burney also made a statement in support of her notice being accorded priority—
That this House:
(1)
Condemns the Government’s secrecy and lack of transparency in implementing the
Learning Management and Business Reform Program across schools in New South
Wales.
(2)
Notes the reported cost of the project could be as high as $1 billion.
(3)
Notes the cost of the project is already $90 million over budget and the program is only
available in 10 per cent of New South Wales public schools.
(4)
Condemns the Government for causing enormous stress and strain to educators in
schools and TAFE who are bearing the brunt of this Government’s mismanagement.
Question—That the motion of the member for Ku-ring-gai be accorded priority—put.
The House divided.
AYES 46
Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr
Constance, Mr Coure, Mr Crouch, Mr Dominello, Mr Elliott, Mr Fraser, Mr Gee, Ms Gibbons, Ms
Goward, Mr Grant, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr
Johnsen, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mrs Pavey, Mr Perrottet, Ms
Petinos, Mr Piccoli, Mr Provest, Mr Rowell, Mr Sidoti, 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 36
Ms Aitchison, Mr Atalla, Mr Barr, Ms Burney, 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, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park,
Mr Parker, Mr Piper, Mr Robertson, Ms K. Smith, Ms T.F. Smith, Ms Washington, Ms Watson and Mr
Zangari.
Tellers: Mr Lalich and Mr Warren.
In the Chair: Mr George.
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Pairs: Mr Baird—Mr Foley; Mr Kean—Ms Hay and Mr Roberts—Dr McDermott.
Question passed.
23
SUPPLEMENTARY ANSWER
Mr Rob Stokes gave a supplementary answer to a question asked of him during Question Time by the
member for Summer Hill.
_____________
It being 4.00 pm, debate interrupted for government business.
_____________
Mr Chris Patterson sought the leave of the House to permit the consideration of the motion accorded
priority after 4.00 pm.
Leave not granted.
_____________
Motion accorded priority lapsed.
24
PROPERTY, STOCK
PROHIBITION) BILL
AND
BUSINESS
AGENTS
AMENDMENT
(UNDERQUOTING
Mr Victor Dominello moved, pursuant to notice, That a bill be now introduced for an Act to amend the
Property, Stock and Business Agents Act 2002 to make further provision with respect to underquoting by
real estate agents; and for other purposes.
Question put and passed.
Bill introduced and read a first time.
Mr Victor Dominello moved, That this bill be now read a second time.
Debate adjourned (Mr Ryan Park) and the resumption of the debate made an order of the day for a future
day.
25
SUSPENSION
PRIORITY
OF
STANDING
AND
SESSIONAL
ORDERS—MOTION
ACCORDED
Mr Anthony Roberts moved, That standing and sessional orders be suspended at this sitting to permit the
resumption of the debate on the motion accorded priority forthwith.
Question put.
The House divided.
AYES 42
Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr
Constance, Mr Coure, Mr Crouch, Mr Dominello, Mr Elliott, Mr Fraser, Mr Gee, Ms Gibbons, Mr
Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Johnsen, Dr Lee, Mr Maguire, Mr Marshall,
Mr Notley-Smith, Mr O'Dea, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Provest, Mr Roberts, Mr Sidoti,
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.
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NOES 34
Ms Aitchison, Mr Atalla, Mr Barr, Ms Burney, Ms Car, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr
Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Harris, Ms Harrison, Ms Haylen, Ms Hornery, Mr Kamper, Ms
Leong, Mr Lynch, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr
Robertson, Ms K. Smith, Ms T.F. Smith, Ms Washington, Ms Watson and Mr Zangari.
Tellers: Mr Hoenig and Mr Lalich.
In the Chair: Mr George.
Pairs: Mr Baird—Mr Foley; Mrs Davies—Ms Hay; Mr Grant—Dr McDermott and Mr Piccoli—Mr
Warren.
Question passed.
26
MOTION ACCORDED PRIORITY—STATE ECONOMY
Mr Alister Henskens moved, pursuant to notice, That this House:
(1)
Notes that the latest ABS figures have confirmed New South Wales as the number one state to
live, work and do business in.
(2)
Notes that last week’s ANZ Stateometer shows New South Wales is extending its lead.
(3)
Acknowledges that it has taken a Liberals and Nationals Government to restore confidence in the
State’s economy.
Debate ensued.
Question put and passed.
27
JOBS FOR NSW BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Anthony
Roberts, That this bill be now read a second time.
Question again proposed and debate resumed.
Mr Jonathan O’Dea obtained an extension of time.
_____________
SUSPENSION OF STANDING AND SESSIONAL ORDERS—ROUTINE OF BUSINESS
Mr Anthony Roberts moved, That standing and sessional orders be suspended to provide for the
following routine of business for the remainder of this sitting:
(1)
(2)
(3)
(4)
Government business;
Private members’ statements;
Matter of public importance; and
The House to adjourn without motion moved at the conclusion of the matter of public
importance.
Question put and passed.
_____________
Debate continued.
Mr Michael Daley moved, That this debate be now adjourned.
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Question put and passed.
Ordered, That the resumption of the debate stand an order of the day for tomorrow.
28
PRIVATE MEMBERS’ STATEMENTS
29
MATTER OF PUBLIC IMPORTANCE—SYDNEY METRO NORTH WEST
The Speaker previously informed the House of receipt from Mr Damien Tudehope of a notice of a matter
of public importance, namely:
Sydney Metro North West Tunnelling.
Discussion ensued and concluded.
30
ADJOURNMENT
The House adjourned, pursuant to the resolution of the House, at 7.58 pm, until tomorrow, at 10.00 am.
Attendance: All members present except Mrs Tanya Davies, Mr Lee Evans, Ms Noreen Hay, Mr Matt
Kean, Dr Hugh McDermott and Mrs Jillian Skinner.
RONDA MILLER
Clerk of the Legislative Assembly
SHELLEY HANCOCK
Speaker
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Authorised by the Parliament of New South Wales