LEGISLATIVE COUNCIL
MINUTES OF THE PROCEEDINGS
No. 101 — Thursday, 29 November 2012
Proof Version
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The President took the Chair and read the Prayer.
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PETITION — TAFE FUNDING — Mr Leane presented a Petition bearing 494 signatures from
certain citizens of Victoria requesting that the Government abandon the planned TAFE
funding cuts and guarantee no further cuts will be made.
Ordered to lie on the Table.
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PAPERS —
SUPREME COURT OF VICTORIA — Mr Dalla-Riva presented, by command of the Governor,
the Report of the Supreme Court Judges for the year 2011-12.
The Report was presented by Mr Dalla-Riva and ordered to lie on the Table.
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MAGISTRATES’ COURT OF VICTORIA — Mr Dalla-Riva presented, by command of the
Governor, the Report of the Magistrates’ Court of Victoria for the year 2011-12.
The Report was presented by Mr Dalla-Riva and ordered to lie on the Table.
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PAPERS PURSUANT TO STATUTE — The following Papers, pursuant to the directions of
several Acts of Parliament, were laid on the Table by the Clerk:
Interpretation of Legislation Act 1984 — Notice pursuant to section 32(3)(a)(iii) in relation
to Statutory Rule No. 115.
Parliamentary Committees Act 2003 — Government Response to the Public Accounts
and Estimates Committee’s Report on the 2012-13 Budget Estimates – Part One.
Subordinate Legislation Act 1994 — Documents under section 15 in respect of Statutory
Rule No. 127.
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SITTING OF THE COUNCIL — Mr D.M. Davis moved, That the Council, at its rising, adjourn
until Tuesday, 11 December 2012.
Question — put and agreed to.
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MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing
Order 5.12.
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BUSINESS POSTPONED — Ordered — That the consideration of Notices of Motion,
Government Business Nos. 22, 205, 387 to 389, 391, 393 to 395, 397, 398, 417, 419, 421,
423, 425, 427, 429 to 431, 437 to 439, 448, 465, 468, 470 to 476, 479, 481, 482 and 485 be
postponed until later this day.
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SUSPENSION OF STANDING ORDERS — Mr D.M. Davis moved, That Standing Orders 4.01
and 5.02 be suspended to the extent necessary to enable the sitting of the Council on
Tuesday, 11 December 2012 to commence at 12 noon and that the order of business on
that day will be —
(1) Messages;
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Legislative Council of Victoria
(2) Formal business;
(3) Members’ statements (up to 15 Members);
(4) Government Business;
(5) At 2.00 p.m Questions;
(6) Answers to Questions on Notice;
(7) Government Business (continues); and
(8) Adjournment (up to 20 Members).
Debate ensued.
Question — put and agreed to.
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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE AMENDMENT
(NOPSEMA) BILL 2012 — Debate resumed on the question, That the Bill be now read a
second time.
Question — put and agreed to.
Bill read a second time and, by leave, read a third time and passed.
Bill returned to the Assembly with a Message informing them that the Council have agreed to
the Bill without amendment.
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STATE TAXATION AND OTHER ACTS AMENDMENT BILL 2012 — Debate resumed on the
question, That the Bill be now read a second time.
Question — put and agreed to.
Bill read a second time and committed to a Committee of the whole.
House in Committee.
Bill reported without amendment, the Report was adopted, and the Bill was read a third time
and passed.
Bill returned to the Assembly with a Message informing them that the Council have agreed to
the Bill without amendment.
10 ROAD SAFETY AMENDMENT (OPERATOR ONUS) BILL 2012 — Debate resumed on the
question, That the Bill be now read a second time.
Business having been interrupted at 12 noon pursuant to Standing Orders —
11 QUESTIONS — Questions without notice were taken pursuant to Standing Order 8.04.
12 ROAD SAFETY AMENDMENT (OPERATOR ONUS) BILL 2012 — Debate continued on the
question, That the Bill be now read a second time.
Question — put and agreed to.
Bill read a second time and, by leave, read a third time and passed.
Bill returned to the Assembly with a Message informing them that the Council have agreed to
the Bill without amendment.
13 POLICE REGULATION AMENDMENT BILL 2012 — Debate resumed on the question, That
the Bill be now read a second time.
Question — put and agreed to.
Bill read a second time and, by leave, read a third time and passed.
Bill returned to the Assembly with a Message informing them that the Council have agreed to
the Bill without amendment.
14 INTEGRITY AND ACCOUNTABILITY LEGISLATION AMENDMENT BILL 2012 — The
Acting President read a Message from the Assembly presenting A Bill for an Act to amend
the Independent Broad-based Anti-corruption Commission Act 2011 and the Victorian
Inspectorate Act 2011 to provide for matters of a transitional and savings nature and other
amendments, to amend the Telecommunications (Interception) (State Provisions) Act 1988,
the Ombudsman Act 1973 and the Audit Act 1994, to repeal the Major Crime (Special
Investigations Monitor) Act 2004, to make consequential and other amendments to other
Acts and for other purposes and requesting the agreement of the Council.
Minutes of the Proceedings
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On the motion of Mr Rich-Phillips (for Mr Dalla-Riva), the Bill was read a first time and, by
leave, ordered to be read a second time forthwith.
Mr Rich-Phillips laid on the Table the statement of compatibility as required by the Charter of
Human Rights and Responsibilities Act 2006.
On the motion of Mr Rich-Phillips, the second reading speech was incorporated into Hansard.
Mr Rich-Phillips moved, That the Bill be now read a second time.
Mr Pakula moved, That the debate be adjourned for one week.
Ms Pennicuik moved, as an amendment, That “for 1 week” be omitted with the view of
inserting in its place “until Tuesday, 5 February 2013”.
Debate ensued.
Question — put.
The Council divided — The President in the Chair.
AYES, 3
NOES, 35
Mr Barber (Teller)
Mr Atkinson
Ms Hartland (Teller)
Ms Broad
Ms Pennicuik
Mrs Coote
Ms Crozier
Mr Dalla-Riva
Mr D.M. Davis
Mr P.R. Davis
Mr Drum
Mr Eideh
Mr Elasmar
Mr Elsbury
Mr Finn
Mr Guy
Mr Hall
Mr Jennings
Mr Koch
Mrs Kronberg
Mr Leane
Mr Lenders
Ms Lovell
Ms Mikakos
Mr O’Brien
Mr O’Donohue
Mr Ondarchie
Mr Pakula
Mrs Petrovich
Mrs Peulich
Ms Pulford
Mr Ramsay (Teller)
Mr Rich-Phillips
Mr Scheffer
Mr Somyurek (Teller)
Mr Tarlamis
Mr Tee
Ms Tierney
Amendment negatived.
Question — That the debate be adjourned for one week — put and agreed to.
15 PROTECTED DISCLOSURE BILL 2012 — The Acting President read a Message from the
Assembly presenting A Bill for an Act to encourage and facilitate disclosures of improper
conduct by public officers, public bodies and other persons or of detrimental action taken in
reprisal for a disclosure, to provide protection for persons who make those disclosures and
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to provide for the confidentiality of the content of those disclosures and the identity of
persons who make those disclosures, to make related amendments to other Acts, to repeal
the Whistleblowers Protection Act 2001 and for other purposes and requesting the
agreement of the Council.
On the motion of Mr Rich-Phillips (for Mr Dalla-Riva), the Bill was read a first time and, by
leave, ordered to be read a second time forthwith.
Mr Rich-Phillips laid on the Table the statement of compatibility as required by the Charter of
Human Rights and Responsibilities Act 2006.
On the motion of Mr Rich-Phillips, the second reading speech was incorporated into Hansard.
Mr Rich-Phillips moved, That the Bill be now read a second time.
Mr Pakula moved, That the debate be adjourned for one week.
Ms Pennicuik moved, as an amendment, That “for 1 week” be omitted with the view of
inserting in its place “until Tuesday, 5 February 2013”.
Debate ensued.
Question — put.
The Council divided — The President in the Chair.
AYES, 3
NOES, 35
Mr Barber (Teller)
Mr Atkinson
Ms Hartland (Teller)
Ms Broad
Ms Pennicuik
Mrs Coote
Ms Crozier
Mr Dalla-Riva
Mr D.M. Davis
Mr P.R. Davis
Mr Drum
Mr Eideh
Mr Elasmar
Mr Elsbury
Mr Finn
Mr Guy
Mr Hall
Mr Jennings
Mr Koch
Mrs Kronberg
Mr Leane
Mr Lenders
Ms Lovell
Ms Mikakos
Mr O’Brien (Teller)
Mr O’Donohue
Mr Ondarchie
Mr Pakula
Mrs Petrovich
Mrs Peulich
Ms Pulford
Mr Ramsay
Mr Rich-Phillips
Mr Scheffer
Mr Somyurek
Mr Tarlamis
Mr Tee
Ms Tierney (Teller)
Amendment negatived.
Question — That the debate be adjourned for one week — put and agreed to.
Minutes of the Proceedings
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16 CRIMINAL ORGANISATIONS CONTROL BILL 2012 — The Acting President read a
Message from the Assembly presenting A Bill for an Act to provide for the making of
declarations and control orders for the purpose of preventing and disrupting the activities of
organisations involved in serious criminal activity, and of their members, former members,
prospective members and associates, to provide for the recognition and application of
declarations and control orders made under corresponding laws and to make related
amendments to other Acts and for other purposes and requesting the agreement of the
Council.
On the motion of Mr Rich-Phillips (for Mr Dalla-Riva), the Bill was read a first time and, by
leave, ordered to be read a second time forthwith.
Mr Rich-Phillips laid on the Table the statement of compatibility as required by the Charter of
Human Rights and Responsibilities Act 2006.
On the motion of Mr Rich-Phillips, the second reading speech was incorporated into Hansard.
Mr Rich-Phillips moved, That the Bill be now read a second time.
On the motion of Mr Pakula, the debate was adjourned for one week.
17 JUSTICE LEGISLATION AMENDMENT (FAMILY VIOLENCE AND OTHER MATTERS)
BILL 2012 — The Acting President read a Message from the Assembly presenting A Bill for
an Act to amend the Family Violence Protection Act 2008, the Crimes Act 1958, the Crimes
(Assumed Identities) Act 2004, the Coroners Act 2008, the Human Tissue Act 1982 and the
Victorian Civil and Administrative Tribunal Act 1998 and for other purposes and requesting
the agreement of the Council.
On the motion of Mr Rich-Phillips (for Mr Dalla-Riva), the Bill was read a first time and, by
leave, ordered to be read a second time forthwith.
Mr Rich-Phillips laid on the Table the statement of compatibility as required by the Charter of
Human Rights and Responsibilities Act 2006.
On the motion of Mr Rich-Phillips, the second reading speech was incorporated into Hansard.
Mr Rich-Phillips moved, That the Bill be now read a second time.
On the motion of Mr Pakula, the debate was adjourned for one week.
18 FIRE SERVICES LEVY MONITOR BILL 2012 — The Acting President read a Message from
the Assembly presenting A Bill for an Act to provide for the establishment, functions and
powers of the Fire Services Levy Monitor, to consequentially amend certain Acts and for
other purposes and requesting the agreement of the Council.
On the motion of Mr Rich-Phillips (for Mr Guy), the Bill was read a first time and, by leave,
ordered to be read a second time forthwith.
Mr Rich-Phillips laid on the Table the statement of compatibility as required by the Charter of
Human Rights and Responsibilities Act 2006.
On the motion of Mr Rich-Phillips, the second reading speech was incorporated into Hansard.
Mr Rich-Phillips moved, That the Bill be now read a second time.
On the motion of Ms Pulford, the debate was adjourned for one week.
19 PLANNING AND ENVIRONMENT AMENDMENT (GENERAL) BILL 2012 — The Acting
President read a Message from the Assembly presenting A Bill for an Act to amend the
Planning and Environment Act 1987, the Subdivision Act 1988 and the Local Government
Act 1989 and for other purposes and requesting the agreement of the Council.
On the motion of Mr Rich-Phillips (for Mr Guy), the Bill was read a first time and, by leave,
ordered to be read a second time forthwith.
Mr Rich-Phillips laid on the Table the statement of compatibility as required by the Charter of
Human Rights and Responsibilities Act 2006.
On the motion of Mr Rich-Phillips, the second reading speech was incorporated into Hansard.
Mr Rich-Phillips moved, That the Bill be now read a second time.
On the motion of Mr Leane (for Mr Tee), the debate was adjourned for one week.
20 COMMISSION FOR CHILDREN AND YOUNG PEOPLE BILL 2012 — The Acting President
read a Message from the Assembly presenting A Bill for an Act to establish the Commission
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for Children and Young People and for other purposes and requesting the agreement of the
Council.
On the motion of Mr Rich-Phillips (for Ms Lovell), the Bill was read a first time and, by leave,
ordered to be read a second time forthwith.
Mr Rich-Phillips laid on the Table the statement of compatibility as required by the Charter of
Human Rights and Responsibilities Act 2006.
On the motion of Mr Rich-Phillips, the second reading speech was incorporated into Hansard.
Mr Rich-Phillips moved, That the Bill be now read a second time.
On the motion of Ms Mikakos, the debate was adjourned for one week.
21 MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) AMENDMENT BILL 2012 —
The Acting President read a Message from the Assembly presenting A Bill for an Act to
amend the enforcement provisions of the Mineral Resources (Sustainable Development) Act
1990 and for other purposes and requesting the agreement of the Council.
On the motion of Mr Rich-Phillips (for Mr Hall), the Bill was read a first time and, by leave,
ordered to be read a second time forthwith.
Mr Rich-Phillips laid on the Table the statement of compatibility as required by the Charter of
Human Rights and Responsibilities Act 2006.
On the motion of Mr Rich-Phillips, the second reading speech was incorporated into Hansard.
Mr Rich-Phillips moved, That the Bill be now read a second time.
On the motion of Mr Leane (for Mr Lenders), the debate was adjourned for one week.
22 COGNATE DEBATE — Mr Rich-Phillips moved, That the second reading debate on the
Integrity and Accountability Legislation Amendment Bill 2012 be taken concurrently with the
second reading debate on the Protected Disclosure Bill 2012.
Question put — and agreed to.
23 PRODUCTION OF DOCUMENTS — AIR EMISSION STUDY AND HUMAN HEALTH RISK
ASSESSMENT ALCOA ANGLESEA — The Clerk laid on the Table a letter from the
Minister for Environment and Climate Change, dated 29 November 2012, together with the
Air Emission Study and Human Health Risk Assessment, Alcoa Anglesea Power Station,
September 2008, in accordance with the Resolution of the Council of 29 August 2012.
On the motion of Mr Barber, the document was ordered to be taken into consideration on the
next day of meeting.
24 ADJOURNMENT — Mr Hall moved, That the House do now adjourn.
Debate ensued and responses to certain Adjournment matters were circulated pursuant to
Standing Order 4.12.
And then the Council, at 5.31 p.m. adjourned until Tuesday, 11 December 2012.
WAYNE TUNNECLIFFE
Clerk of the Legislative Council