415 LEGISLATIVE ASSEMBLY 2015 FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT ___________________ VOTES AND PROCEEDINGS No. 36 THURSDAY 22 OCTOBER 2015 ___________________ 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 MESSAGES FROM THE LEGISLATIVE COUNCIL The Speaker reported messages from the Legislative Council returning the following bills without amendment: 21 October 2015 Health Legislation Amendment Bill Mining and Petroleum Legislation Amendment (Grant of Coal and Petroleum Prospecting Titles) Bill Mining and Petroleum Legislation Amendment (Harmonisation) Bill Mining and Petroleum Legislation Amendment (Land Access Arbitration) Bill Protection of the Environment Operations Amendment (Enforcement of Gas and Other Petroleum Legislation) Bill Work Health and Safety (Mines and Petroleum) Legislation Amendment (Harmonisation) Bill. 3 NOTICES OF MOTIONS (GENERAL NOTICES) 4 BAIL AMENDMENT BILL TERRORISM (POLICE POWERS) AMENDMENT BILL The order of the day was read for the resumption of the adjourned debate, on the motion of Ms Gabrielle 416 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 22 October 2015 Upton, That these bills be now read a second time. Question again proposed and debate resumed. Mr Damien Tudehope, Mr Alister Henskens and Mr Stephen Bromhead obtained extensions of time. Debate continued. Question put and voices given. The Assistant Speaker stated that in his opinion the “Ayes” had it. A division was called for and the Assistant Speaker declared the question to be passed as there were only four members (Mr Greenwich, Ms Leong, Mr Parker and Ms T.F. Smith) in the minority who had challenged his decision. Bills read a second time. Ms Gabrielle Upton moved, That these bills be now read a third time. Question put and passed. Bills read a third time. _____________ It being after 11.30 am, general business notices of motions (general notices) proceeded with. _____________ 5 OCHRE: OPPORTUNITY, CHOICE, HEALING, RESPONSIBILITY, EMPOWERMENT Mr Adam Crouch moved, pursuant to notice, That this House: (1) Notes OCHRE, the Government’s plan for Aboriginal Affairs, developed in partnership with the Aboriginal community, has now entered its third year. (2) Notes the “OCHRE: Two Years On” report was tabled last week with Aboriginal community leaders and OCHRE key stakeholders in attendance. (3) Notes the key achievements of OCHRE include: (a) (b) (c) (4) 3,600 students in 35 Schools across the state are learning an Aboriginal language through the five Language and Culture Nests; 1,102 students in 95 schools are accessing advice through the four Opportunity Hubs; and $58.3 million over the past two years spent by NSW Government procuring products and services provided by Aboriginal businesses. Congratulates the Government on being the first in the country to incorporate a focus on healing into its Aboriginal affairs plan. Debate ensued. Mr David Harris, by leave, also spoke to the motion. Question put and passed. 417 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 22 October 2015 6 NEW SOUTH WALES ECONOMY Mr Stephen Bromhead moved, pursuant to notice, That this House: (1) Pays tribute to the Premier and the Treasurer for their hard work and discipline to repair and restore the New South Wales economy during the last four years. (2) Notes that it was the Coalition’s cardinal promise to voters at the 2011 general election to make New South Wales number one again and, unlike the Opposition, the Government has delivered. (3) Recognises that in the CommSec “State Of The States” Report, released in April 2015, New South Wales was ranked the best-performing State economy, ahead of the Northern Territory ranked second. (4) Notes that the CommSec analysis compares quarterly performance between jurisdictions on a range of areas including economic growth, construction, retail trade, housing, unemployment and population. (5) Acknowledges that CommSec cited retail trade, population growth and dwelling approvals as key drivers of the State’s economic growth and that in 2014 New South Wales overtook Western Australia, which had long held the top economic ranking in Australia. Debate ensued. Mr Clayton Barr speaking— _____________ It being 1.00 pm, debate interrupted for orders of the day (committee reports). _____________ Ordered, That the resumption of the debate stand an order of the day for tomorrow. 7 REPORT OF THE LEGISLATION REVIEW COMMITTEE ENTITLED “LEGISLATION REVIEW DIGEST NO. 8/56”, DATED 20 OCTOBER 2015 Question proposed—That the House take note of the report. Debate ensued. Question put and passed. _____________ The Temporary Speaker (Mr Bruce Notley-Smith) left the Chair at 1.10 pm. The Speaker resumed the Chair at 2.15 pm. _____________ 8 NOTICES OF MOTIONS 9 QUESTION TIME _____________ (1) Following a request from Mr Greg Aplin 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 Mark Coure pursuant to standing order 131 (3), the Treasurer and 418 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 22 October 2015 Minister for Industrial Relations provided additional information. (3) Following a request from Mr Daryl Maguire pursuant to standing order 131 (3), the Minister for Trade, Tourism and Major Events, and Minister for Sport provided additional information. _____________ Disorder: At 2.50 pm, the Speaker directed Mr Stephen Kamper to leave the Chamber until the conclusion of Question Time. Disorder: At 3.00 pm, the Speaker directed Mr Chris Minns to leave the Chamber until the conclusion of Question Time. Disorder: At 3.02 pm, the Speaker directed Dr Hugh McDermott to leave the Chamber until the conclusion of Question Time. Disorder: At 3.03 pm, the Speaker directed Ms Jodi McKay to leave the Chamber until the conclusion of Question Time. _____________ 10 PETITION SIGNED BY 10,000 OR MORE PERSONS The Speaker announced that the following member had lodged a petition for presentation signed by 10,000 or more persons: Mr Alex Greenwich—from certain citizens requesting that museum services be expanded around New South Wales and the Powerhouse Museum remain in Ultimo. 11 PETITIONS (1) The Clerk announced that the following members had each lodged petitions for presentation: Ms Jo Haylen—from certain citizens requesting free student travel on Sydney light rail. Mr Alex Greenwich—from certain citizens requesting that the Government retain and properly maintain inner city social housing. Mr Greg Piper—from certain citizens opposing the relocation of services from the Toronto Motor Registry to the Warners Bay Service NSW centre. Mr Alex Greenwich—from certain citizens opposing the sale of animals in pet shops. 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 Jenny Aitchison—from certain citizens requesting improvements to Hunter region public transport. Mr Gareth Ward—from certain citizens requesting that the Government open the Community Offenders Support Program 40 bed unit and make it available to homeless people seeking emergency accommodation in the Shoalhaven. (3) The Clerk also announced receipt of the following ministerial response to a petition signed by 500 or more persons: The Hon. Jillian Skinner—lodged 16 September 2015—Requesting that legislation be retained requiring 419 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 22 October 2015 that a registered nurse be on duty at all times and the appointment of a director of nursing in all New South Wales nursing homes—(Mr Daryl Maguire). 12 SUSPENSION OF STANDING AND SESSIONAL ORDERS—GOVERNMENT BUSINESS Mr Anthony Roberts moved, That standing and sessional orders be suspended at this sitting to postpone the commencement of Community Recognition Statements to permit the further consideration of Government Business. Question put and passed. 13 SUSPENSION OF STANDING AND SESSIONAL ORDERS—GOVERNMENT BUSINESS Mr Anthony Roberts moved, That standing and sessional orders be suspended on Tuesday 27 October 2015 to: (1) Provide for Government Business to take precedence of Private Members’ Statements prior to 1.30 pm. (2) Permit the resumption of the adjourned debate on, and passage through all remaining stages at that or any subsequent sitting, of the following bills: (a) (b) (c) (d) Greater Sydney Commission Bill; Criminal Procedure Amendment (Child Sexual Offence Evidence Pilot) Bill; Home Building and Duties Amendment (Loose-fill Asbestos Insulation Affected Premises) Bill; and Privacy and Personal Information Protection Amendment (Exemptions Consolidation) Bill. Debate ensued. Question put and passed. 14 GREATER SYDNEY COMMISSION BILL Mr Rob Stokes moved, pursuant to notice, That a bill be now introduced for an Act to constitute and confer functions on the Greater Sydney Commission and to provide for the constitution of planning panels for the Greater Sydney Region; to amend the Environmental Planning and Assessment Act 1979 to make provision in relation to strategic planning; and for other purposes. Question put and passed. Bill introduced and read a first time. Mr Rob Stokes moved, That this bill be now read a second time. Debate adjourned (Mr Edmond Atalla) and the resumption of the debate made an order of the day for a future day. 15 HOME BUILDING AND DUTIES AMENDMENT (LOOSE-FILL ASBESTOS INSULATION AFFECTED PREMISES) BILL Mr Victor Dominello moved, pursuant to notice, That a bill be now introduced for an Act to amend the Home Building Act 1989 and Duties Act 1997 in connection with residential premises affected by loosefill asbestos insulation; and for other purposes. Question put and passed. 420 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 22 October 2015 Bill introduced and read a first time. Mr Victor Dominello moved, That this bill be now read a second time. Debate adjourned (Mr Guy Zangari) and the resumption of the debate made an order of the day for a future day. 16 PRIVACY AND PERSONAL INFORMATION PROTECTION AMENDMENT (EXEMPTIONS CONSOLIDATION) BILL Ms Gabrielle Upton moved, pursuant to notice, That a bill be now introduced for an Act to amend the Privacy and Personal Information Protection Act 1998 and certain other Acts and an instrument to consolidate and rationalise certain exemptions from the operation of that Act. Question put and passed. Bill introduced and read a first time. Ms Gabrielle Upton moved, That this bill be now read a second time. Debate adjourned (Mr Paul Lynch) and the resumption of the debate made an order of the day for a future day. 17 CRIMINAL PROCEDURE AMENDMENT (CHILD SEXUAL OFFENCE EVIDENCE PILOT) BILL Ms Gabrielle Upton moved, pursuant to notice, That a bill be now introduced for an Act to amend the Criminal Procedure Act 1986 in relation to a pilot scheme to make further provision with respect to the giving of evidence by children in criminal proceedings concerning prescribed sexual offences. Question put and passed. Bill introduced and read a first time. Ms Gabrielle Upton moved, That this bill be now read a second time. Ms Gabrielle Upton speaking— _____________ It being 4.30 pm, debate interrupted for discussion of petition signed by 10,000 or more persons. _____________ Ordered, That the resumption of the second reading speech stand an order of the day for a later hour. 18 DISCUSSION OF PETITION SIGNED BY 10,000 OR MORE PERSONS—TORONTO MOTOR REGISTRY The order of the day was read for the discussion of the petition signed by 10,000 or more persons presented by Mr Greg Piper, namely: From certain citizens opposing the relocation of services from the Toronto Motor Registry to the Warners Bay Service NSW centre. Discussion ensued and concluded. 421 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Thursday 22 October 2015 19 PRIVATE MEMBER’S STATEMENT Mr Stephen Bromhead, by leave, made a private member’s statement. 20 CRIMINAL PROCEDURE AMENDMENT (CHILD SEXUAL OFFENCE EVIDENCE PILOT) BILL The order of the day was read for the resumption of the interrupted second reading speech, on the motion of Ms Gabrielle Upton, That this bill be now read a second time. Question again proposed and debate resumed. Ms Gabrielle Upton concluded her speech. Debate adjourned (Mr Paul Lynch) and the resumption of the debate made an order of the day for a future day. 21 COMMUNITY RECOGNITION STATEMENTS 22 PRIVATE MEMBERS’ STATEMENTS 23 ADJOURNMENT The House adjourned, pursuant to standing and sessional orders, at 6.53 pm, until Tuesday 27 October 2015, at 12.00 noon. Attendance: All members present except Mr John Barilaro and Mr Andrew Gee. RONDA MILLER Clerk of the Legislative Assembly SHELLEY HANCOCK Speaker __________________ Authorised by the Parliament of New South Wales