87
LEGISLATIVE ASSEMBLY
2015
FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT
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VOTES AND PROCEEDINGS
No. 5
WEDNESDAY 13 MAY 2015
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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
NOTICES OF MOTIONS (GENERAL NOTICES)
3
PAYROLL TAX REBATE SCHEME (JOBS ACTION PLAN) AMENDMENT (EXTENSION)
BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Ms Gladys
Berejiklian, That this bill be now read a second time.
Question again proposed and debate resumed.
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JOINT SELECT COMMITTEE ON COMPANION ANIMAL BREEDING PRACTICES IN NEW
SOUTH WALES
Mr Anthony Roberts moved, by leave, That:
(1)
A joint select committee be appointed to inquire into and report on companion animal breeding
practices in New South Wales, and in particular:
(a)
(b)
The current situation in New South Wales in comparison with other jurisdictions;
Proposals to limit the number of animals allowed to be kept by breeders;
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Wednesday 13 May 2015
(c)
(d)
(e)
(f)
(2)
Calls to implement a breeders’ licensing system;
The implications of banning the sale of dogs and cats in pet stores;
Any legislative changes that may be required; and
Any other related matter.
Notwithstanding anything to the contrary in the standing orders of either House, the committee
consist of nine members comprising:
(a)
five members of the Legislative Assembly, of whom:
(i)
three are Government members, being Mr Adam Crouch, Mr Alister
Henskens, and Mr Adam Marshall;
(ii)
one is an Opposition member, who shall be nominated in writing to the Clerk
of the Legislative Assembly by the Opposition Whip; and
(iii)
one is an Independent member, being Mr Greg Piper.
(b)
four members of the Legislative Council, of whom:
(i)
two are Government members;
(ii)
one is an Opposition member; and
(iii)
one is a Crossbench member.
(3)
The Chair of the committee be Mr Adam Marshall and the Deputy Chair of the Committee be
elected at its first meeting.
(4)
Notwithstanding anything in the standing orders of either House, at any meeting of the
committee, any five members of the committee will constitute a quorum, provided that at least
one member of each House is present at all times.
(5)
The committee report by 31 August 2015.
(6)
A message be sent to the Legislative Council requesting the Legislative Council to agree to a
similar resolution and name the time and place for the committee’s first meeting.
Upon which Mr Michael Daley moved, That the motion be amended by:
(1)
Leaving out “nine” in part (2) and inserting instead “ten”.
(2)
Leaving out “five” in part (2) (a) and inserting instead “six”.
(3)
Leaving out (ii) in part (2) (a) and inserting instead:
“(ii)
two are Opposition members, who shall be nominated in writing to the Clerk of the
Legislative Assembly by the Opposition Whip; and”
Question proposed—That the amendment be agreed to.
Debate continued.
Question put.
The House divided.
AYES 32
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, Mr Hoenig, Mr Kamper, Mr
Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Robertson, Ms K.
Smith, Mr Warren, Ms Washington, Ms Watson and Mr Zangari.
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Wednesday 13 May 2015
Tellers: Ms Hay and Mr Lalich.
NOES 53
Mr Anderson, Mr Aplin, Mr Ayres, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure,
Mr Crouch, Mrs Davies, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Mr Gee, Mr George, Ms
Gibbons, Mr Grant, Mr Greenwich, Mr Gulaptis, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr
Johnsen, Mr Kean, Dr Lee, Ms Leong, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mr
Parker, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Piccoli, Mr Piper, Mr Provest, Mr Roberts, Mr Sidoti,
Mrs Skinner, Ms T.F. Smith, 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.
In the Chair: Mrs Hancock.
Pairs: Mr Foley—Mr Baird and Ms Hornery—Mr Hazzard.
Question negatived.
Question—That the original motion be agreed to—put.
The House divided.
AYES 53
Mr Anderson, Mr Aplin, Mr Ayres, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure,
Mr Crouch, Mrs Davies, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Mr Gee, Mr George, Ms
Gibbons, Mr Grant, Mr Greenwich, Mr Gulaptis, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr
Johnsen, Mr Kean, Dr Lee, Ms Leong, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mr
Parker, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Piccoli, Mr Piper, Mr Provest, Mr Roberts, Mr Sidoti,
Mrs Skinner, Ms T.F. Smith, 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 32
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, Mr Hoenig, Mr Kamper, Mr
Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Robertson, Ms K.
Smith, Mr Warren, Ms Washington, Ms Watson and Mr Zangari.
Tellers: Ms Hay and Mr Lalich.
In the Chair: Mrs Hancock.
Pairs: Mr Baird—Mr Foley and Mr Hazzard—Ms Hornery.
Question passed.
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It being after 11.00 am, debate interrupted for inaugural speeches.
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Ordered, That the resumption of the debate stand an order of the day for a later hour.
4
INAUGURAL SPEECHES
Inaugural speeches were made by Ms Trish Doyle, Mr Jihad Dib, Mrs Melinda Pavey and Dr Hugh
McDermott.
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5
MESSAGE FROM THE LEGISLATIVE COUNCIL
The Acting Speaker (Mr Lee Evans) reported a message from the Legislative Council dated 13 May 2015,
returning the Courts and Crimes Legislation Amendment Bill, without amendment.
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The Acting Speaker (Mr Lee Evans) obtained the leave of the House to sit past 1.30 pm for the giving of
community recognition statements.
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6
COMMUNITY RECOGNITION STATEMENTS
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The Acting Speaker (Mr Lee Evans) left the Chair at 1.50 pm.
The Speaker resumed the Chair at 2.15 pm.
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7
MINISTERIAL ARRANGEMENT
Mr Mike Baird informed the House that the Minister for Health would answer questions today in the
absence of 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.
8
NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
Ms Melanie Gibbons—Federal Budget.
Mr Luke Foley—Education and Health Funding.
9
QUESTION TIME
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(1)
Following a request from Mr Adam Crouch pursuant to standing order 131 (3), the Premier, and
Minister for Western Sydney provided additional information.
(2)
Following a request from Mr Adam Marshall pursuant to standing order 131 (3), the Minister for
Regional Development, Minister for Skills, and Minister for Small Business provided additional
information.
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Disorder: At 2.50 pm, the Speaker directed Ms Linda Burney to leave the Chamber until the conclusion of
Question Time.
Disorder: At 3.02 pm, The Speaker directed Mr Michael Daley to leave the Chamber until the conclusion
of Question Time.
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10
JOINT SELECT COMMITTEE ON COMPANION ANIMAL BREEDING PRACTICES IN NEW
SOUTH WALES
The Clerk, in accordance with the resolution of 13 May 2015, announced receipt of correspondence
nominating Ms Julia Finn as the Opposition member of the Joint Select Committee on Companion
Animal Breeding Practices in New South Wales.
Mr Anthony Roberts moved, That a message be sent informing the Legislative Council of the Legislative
Assembly member appointed to the Committee.
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Question put and passed.
11
PETITIONS
The Clerk announced that the following members had each lodged petitions for presentation:
Mr Alex Greenwich—from certain citizens requesting the establishment of a public high school in the
Sydney electorate.
Mr Alex Greenwich—from certain citizens requesting an open and transparent public tender for the
Elizabeth Bay Marina.
Mr Alex Greenwich—from certain citizens requesting the reinstatement of the Harris Street walkway
connection to the CBD and the upgrade of lighting on Darling Harbour walkways.
Mr Thomas George—from certain citizens opposing the exploration for and extraction of coal seam gas
and other unconventional gas in the Northern Rivers region.
Mr Alex Greenwich—from certain citizens requesting that the Government retain and properly maintain
inner city social housing.
Mr Alex Greenwich—from certain citizens requesting legislation for same-sex marriage.
Mr Alex Greenwich—from certain citizens opposing the sale of animals in pet shops.
Mr Alex Greenwich—from certain citizens requesting that the ban on duck hunting be retained.
Mr Alex Greenwich—from certain citizens requesting mandatory closed circuit television in all New
South Wales slaughter houses.
Mr Alex Greenwich—from certain citizens requesting a ban on hunting with pig-dogs in New South
Wales.
Mr Alex Greenwich—from certain citizens requesting a container deposit levy be introduced in New
South Wales.
12
NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
(1)
Ms Melanie Gibbons made a statement in support of her notice being accorded priority over the
other business of the House.
(2)
Mr Luke Foley also made a statement in support of his notice being accorded priority—
That this House:
(1)
Notes the looming funding crisis for New South Wales schools and hospitals as a result
of the $25 billion in cuts confirmed in the Federal Budget.
(2)
Calls on the New South Wales Government to publicly release its plans for New South
Wales schools and hospitals to maintain services in face of massive Federal
Government cuts.
(3)
Calls on the New South Wales Government to ensure that New South Wales patients
won’t be subjected to ward closures, bed reductions or longer waiting times for
treatment and surgery.
(4)
Calls on the New South Wales Government to ensure that more students aren’t forced
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Wednesday 13 May 2015
to learn inside demountable classrooms as a result of the Federal Government’s
abandonment of the Gonski funding agreement.
Question—That the motion of the member for Holsworthy be accorded priority—put.
The House divided.
AYES 50
Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr
Constance, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Mr Gee,
Ms Gibbons, Mr Grant, 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 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 37
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 Foley, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Mr
Hoenig, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr
Park, Mr Parker, Mr Piper, Mr Robertson, Ms K. Smith, Ms T.F. Smith, Mr Warren, Ms Washington, Ms
Watson and Mr Zangari.
Tellers: Ms Hay and Mr Lalich.
In the Chair: Mr George.
Pairs: Ms Goward—Ms Hornery and Mr Rowell—Mr Minns.
Question passed.
13
MOTION ACCORDED PRIORITY—FEDERAL BUDGET
Ms Melanie Gibbons moved, pursuant to notice, That this House:
(1)
Welcomes the Federal Government’s tax relief for small business which will support the creation
of jobs in New South Wales.
(2)
Acknowledges the Federal Government’s continuing support for major infrastructure projects in
New South Wales.
(3)
Supports the New South Wales Government continuing to fight for its fair share of funding in
vital areas of health and education.
(4)
Recognises that it takes Liberal and Nationals governments to clean up the fiscal mess created
Labor governments.
Debate ensued.
Question put.
The House divided.
AYES 50
Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr
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Wednesday 13 May 2015
Constance, Mr Coure, Mr Crouch, Mrs Davies, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Mr Gee,
Ms Gibbons, 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 Roberts, 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 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
Leong, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Park, Mr Parker, Mr
Robertson, Ms K. Smith, Ms T.F. Smith, Mr Warren, Ms Washington, Ms Watson and Mr Zangari.
Tellers: Ms Hay and Mr Lalich.
In the Chair: Mr George.
Pairs: Ms Goward—Mr Foley; Mr Grant—Ms Hornery and Mr Rowell—Mr Minns.
Question passed.
14
SUSPENSION OF STANDING AND SESSIONAL ORDERS—ROUTINE OF BUSINESS, 14
MAY 2015
Mr Anthony Roberts moved, That standing and sessional orders be suspended on Thursday 14 May 2015
to permit:
(1)
General business to take precedence of the Address in Reply till 1.00 pm.
(2)
Consideration of the Address in Reply during the period in the routine of business set aside for
consideration of committee reports.
Question put and passed.
15
SUSPENSION OF STANDING AND SESSIONAL ORDERS—ROUTINE OF BUSINESS, 13
MAY 2015
Mr Anthony Roberts moved, That standing and sessional orders be suspended at this sitting to provide for
the following routine of business after the conclusion of the motion accorded priority:
(1)
(2)
(3)
(4)
Government business, interrupting at 4.30 pm for inaugural speeches and resumption of the
Address in Reply;
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.
16
PUBLIC HEALTH (TOBACCO) AMENDMENT (E-CIGARETTES) BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mrs Jillian
Skinner, That this bill be now read a second time.
Question again proposed and debate resumed.
Ms Melanie Gibbons moved, That this debate be now adjourned.
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Wednesday 13 May 2015
Question put and passed.
Ordered, That the resumption of the debate stand an order of the day for tomorrow.
_____________
It being before 4.30 pm, inaugural speeches proceeded with.
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17
INAUGURAL SPEECHES
Inaugural speeches were made by Mr Anoulack Chanthivong and Ms Jo Haylen.
18
MESSAGE FROM THE LEGISLATIVE COUNCIL—JOINT SELECT COMMITTEE ON
COMPANION ANIMAL BREEDING PRACTICES IN NEW SOUTH WALES
The Deputy Speaker reported the following message from the Legislative Council:
Madam SPEAKER
The Legislative Council desires to inform the Legislative Assembly that it has this day agreed to the
following resolution:
1.
That this House agrees to the resolution in the Legislative Assembly’s message of Wednesday
13 May 2015 relating to the appointment of a Joint Select Committee on Companion Animal
Breeding Practices in New South Wales.
2.
That the representatives of the Legislative Council on the Joint Select Committee on Companion
Animal Breeding Practices in New South Wales be Mr MacDonald, Mr Pearson, Mrs Taylor,
and Mr Veitch.
3.
That the time and place for the first meeting be Thursday 14 May 2015 at 9.00 am in the
Macquarie Room.
Legislative Council
13 May 2015
19
DON HARWIN
President
ADDRESS IN REPLY TO THE GOVERNOR’S OPENING SPEECH
The order of the day was read for the resumption of the adjourned debate on the motion of Mr Matt Kean,
That an Address in Reply to the Governor’s opening speech be now adopted by this House.
Question again proposed and debate resumed.
_____________
Debate interrupted.
_____________
Ordered, That the resumption of the debate stand an order of the day for tomorrow.
20
PRIVATE MEMBERS’ STATEMENTS
21
MESSAGE FROM THE LEGISLATIVE COUNCIL
The Acting Speaker (Ms Anna Watson) reported a message from the Legislative Council dated 13 May
2015, returning the Pesticides Amendment Bill, without amendment.
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22
MATTER OF PUBLIC IMPORTANCE—IDAHOT
The Speaker previously informed the House of receipt from Ms Jodie Harrison of a notice of a matter of
public importance, namely:
IDAHOT (International Day Against Homophobia and Transphobia).
Discussion ensued.
Ms Jenny Leong, by leave, also addressed the House.
Discussion concluded.
23
ADJOURNMENT
The House adjourned, pursuant to the resolution of the House, at 7.18 pm, until tomorrow, at 10.00 am.
Attendance: All members present except Ms Pru Goward, Ms Sonia Hornery and Mr Jai Rowell.
RONDA MILLER
Clerk of the Legislative Assembly
SHELLEY HANCOCK
Speaker
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Authorised by the Parliament of New South Wales