LEGISLATIVE COUNCIL
MINUTES OF THE PROCEEDINGS
No. 117 — Tuesday, 16 April 2013
Proof Version
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The President took the Chair and read the Prayer.
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THE LATE HONOURABLE JOHN DON, MBE AND WILLIAM STEPHEN, AM — The
President advised the House of the death, on 1 April 2013, of the Honourable John Don,
MBE, Member of the Legislative Assembly for the Electoral District of Elsternwick from 1945
to 1955.
The President further advised the House of the death, on 5 April 2013, of Mr William Francis
Stephen, AM, Member of the Legislative Assembly for the Electoral District of Ballarat South
from 1964 to 1979.
Members stood in their places as a mark of respect to the memory of the deceased.
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THE LATE BRUCE ALBERT EDWARD SKEGGS, OAM — Mr D.M. Davis moved, by leave,
That this House expresses its sincere sorrow at the death, on 21 March 2013, of Mr Bruce
Albert Edward Skeggs, OAM and places on record its acknowledgement of the valuable
services rendered by him to the Parliament and the people of Victoria Member of the
Legislative Assembly for the Electoral District of Ivanhoe from 1973 to 1982 and the
Legislative Council for the Electoral Province of Templestowe from 1988 to 1996.
And other Members and the President having addressed the House, the question was put and
agreed to unanimously with Members standing in their places.
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RESIGNATION OF MEMBER — The President announced that he had received the following
communication:
26 March 2013
The Hon. Bruce Atkinson MLC
President
Legislative Council
Parliament House
MELBOURNE VIC 3002
Dear President
I write to advise that on Tuesday 26 March 2013, I received a letter from Mr Martin Pakula
MLC, resigning his seat in the Legislative Council. A copy of that letter is enclosed for
your reference.
Upon my receipt of that letter, Mr Pakula’s seat in the Legislative Council became vacant.
I note that, in accordance with section 27A of the Constitution Act 1975, a joint sitting of
the Council and Assembly is now required to fill this vacancy.
Yours faithfully
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Legislative Council of Victoria
Alex Chernov
Governor of Victoria
* * * * *
Tuesday 26 March 2013
His Excellency the Honourable Alex Chernov, AC QC
Governor of Victoria
Government House
MELBOURNE VIC 3004
Your Excellency,
I hereby resign as a Member of the Legislative Council for the Western Metropolitan
Region effective of 26 March 2013.
Yours sincerely,
The Hon Martin Pakula
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ASSENT TO ACTS — The President read a Message from the Governor informing the
Council that he had, on 26 March 2013, given the Royal Assent to the following Acts
presented to him by the Clerk of the Parliaments:
Education and Training Reform Amendment (Teacher Registration and Other Matters) Act
2013
Justice Legislation Amendment (Cancellation of Parole and Other Matters) Act 2013
Major Sporting Events Amendment Act 2013.
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QUESTIONS — Questions without notice were taken pursuant to Standing Order 8.04.
FRANKSTON CENTRAL ACTIVITIES CENTRE — Mr Guy having given an answer to a
question without notice relating to the Frankston Central Activities Centre —
On the motion of Ms Pennicuik, the Minister’s answer was ordered to be taken into
consideration on the next day of meeting.
QUESTIONS — Questions without notice continued.
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PETITIONS —
EDUCATION FUNDING — Mr Scheffer and Mr Leane each presented a Petition bearing 74
and 17 signatures, respectively, from certain citizens of Victoria requesting that the
Government guarantee no further cuts to education funding will be made in the upcoming
2013-14 Victorian Budget.
Ordered to lie on the Table.
* * * * *
SWINBURNE UNIVERSITY LILYDALE CAMPUS FUNDING — Mr Leane presented a
Petition bearing 8 signatures from certain citizens of Victoria requesting that the Government
abandon the planned TAFE funding cuts and guarantee no further cuts will be made and
work to secure the future of Swinburne University Lilydale campus.
Ordered to lie on the Table.
* * * * *
NADRASCA COMMUNITY FARM — Mr Leane presented a Petition bearing 150 signatures
from certain citizens of Victoria requesting that the Government facilitate an arrangement
Minutes of the Proceedings
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that will guarantee the Nadrasca Community Farm remains at its current location so as it can
continue to provide a great service to the community.
Ordered to lie on the Table.
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PAPERS —
SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — ALERT DIGEST — Mr DallaRiva presented Alert Digest No. 5 of 2013 (including Appendices, an Extract of Proceedings
and a Minority Report) from the Scrutiny of Acts and Regulations Committee.
Ordered to lie on the Table and to be printed.
* * * * *
PAPERS PURSUANT TO STATUTE — The following Papers, pursuant to the directions of
several Acts of Parliament, were laid on the Table by the Clerk:
Crown Land (Reserves) Act 1978 — Minister’s Order of 15 March 2013 giving approval to
the granting of a licence at Camperdown Public Park Reserve.
Interpretation of Legislation Act 1984 — Notice pursuant to section 32(3)(a)(iii) in relation
to Statutory Rule No. 29.
Municipal Association of Victoria — Report, 2011-12.
Murray-Darling Basin Authority — Report, 2011-12.
National Environment Protection Council — Report, 2011-12.
Planning and Environment Act 1987 — Notices of Approval of the following amendments
to planning schemes:
Ararat Planning Scheme — Amendment C28.
Banyule Planning Scheme — Amendment C89.
Baw Baw Planning Scheme — Amendment C96.
Bayside Planning Scheme — Amendment C90 Part 1.
Boroondara Planning Scheme — Amendment C172.
Buloke Planning Scheme — Amendment C26.
Casey Planning Scheme — Amendment C161.
East Gippsland Planning Scheme — Amendments C89 and C113.
Frankston Planning Scheme — Amendment C86.
Gannawarra Planning Scheme — Amendment C32.
Glen Eira Planning Scheme — Amendment C93.
Golden Plains Planning Scheme — Amendments C58 and C59.
Greater Bendigo Planning Scheme — Amendments C166 Part 2 and C174.
Greater Shepparton Planning Scheme — Amendment C158.
Hepburn Planning Scheme — Amendments C55 and C57.
Hobsons Bay Planning Scheme — Amendment C87.
Kingston Planning Scheme — Amendments C117, C130 and C135.
Knox Planning Scheme — Amendments C49, C101, C110 and C111.
Latrobe Planning Scheme — Amendment C65.
Macedon Ranges Planning Scheme — Amendment C67 Part 2.
Maribyrnong Planning Scheme — Amendment C89.
Melbourne Planning Scheme — Amendments C187 and C194.
Melton Planning Scheme — Amendment C127.
Mitchell Planning Scheme — Amendment C86.
Monash Planning Scheme — Amendment C108.
Moonee Valley Planning Scheme — Amendment C109.
Moreland Planning Scheme — Amendment C83.
Murrindindi Planning Scheme — Amendment C32.
Port Phillip Planning Scheme — Amendments C88 and C93.
Stonnington Planning Scheme — Amendments C128 and C141.
Towong Planning Scheme — Amendment C27.
Warrnambool Planning Scheme — Amendment C70.
Wellington Planning Scheme — Amendment C76.
Whitehorse Planning Scheme — Amendments C108, C140, C148, C150 and C151.
Wodonga Planning Scheme — Amendments C78, C82 Part 1 and C104.
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Legislative Council of Victoria
Statutory Rules under the following Acts of Parliament:
County Court Act 1958 — No. 36.
Criminal Organisations Control Act 2012 — No. 34.
Magistrates’ Court Act 1989 — No. 35.
Prevention of Cruelty to Animals Act 1986 — No. 37.
Subordinate Legislation Act 1994 —
Documents under section 15 in respect of Statutory Rule Nos. 32 to 37.
Legislative Instruments and related documents under section 16B in respect of —
An Order of Exemption for certain Guide dog organisations from the requirements of
a domestic animal business of 19 March 2013 made under section 5 of the
Domestic Animals Act 1994.
A Revocation of Codes of Practice of 9 April 2013 made under section 7(1) of the
Prevention of Cruelty to Animals Act 1986.
Orders made under section 3.1.11 of the Education and Training Reform Act 2006
for the —
Constitution of the Advance TAFE Order 2013.
Constitution of the Bendigo TAFE Order 2013.
Constitution of the Box Hill Institute and the Centre for Adult Education Order
2013.
Constitution of the Central Gippsland Institute of Technical and Further
Education Order 2013.
Constitution of the Chisholm Institute Order 2013.
Constitution of the Gordon Institute of Technical and Further Education Order
2013.
Constitution of the Goulburn Ovens Institute of Technical and Further
Education Order 2013.
Constitution of the Holmesglen Institute Order 2013.
Constitution of the Kangan Institute Order 2013.
Constitution of the Northern Institute of Technical and Further Education Order
2013.
Constitution of the South West Institute of Technical and Further Education
Order 2013.
Constitution of the Sunraysia Institute of Technical and Further Education
Order 2013.
Constitution of the William Angliss Institute of Technical and Further Education
Order 2013.
Constitution of the Wodonga Institute of Technical and Further Education
Order 2013.
Transport Integration Act 2010 — Public Transport Performance Report for the period 1
July to 31 December 2012, pursuant to section 79W of the Act.
Wildlife Act 1975 — Wildlife (Control of Game Hunting) Notices —
No. 1/2013, 14 March 2013.
No. 2/2013, 28 March 2013.
No. 3/2013, 28 March 2013.
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PRODUCTION OF DOCUMENTS —
NETWORK REVENUE PROTECTION PLAN 2013 — The Clerk laid on the Table a letter from
the Minister for Public Transport in response to the Resolution of the Council of 6 March
2013 seeking the production of documents relating to the Department of Transport’s
Network Revenue Protection Plan for the 2012-13 financial year, advising that the
Government —
 is in the process of responding to this resolution; and
 indicating that the Government will not be able to respond to the Council’s resolution
within the time period requested by the Council but will endeavour to respond as soon
as possible.
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POTENTIONALLY CONTAMINATED LAND ADVISORY COMMITTEE REPORT — The
Clerk laid on the Table a letter from the Minister for Planning, dated 15 April 2013, together
with certain documents relating to the Potentially Contaminated Land Advisory Committee
Report, in accordance with the Resolution of the Council of 20 February 2013.
* * * * *
URBAN GROWTH BOUNDARY ANOMALIES ADVISORY COMMITTEE REPORT — The
Clerk laid on the Table a letter from the Minister for Planning, dated 15 April 2013, together
with certain documents relating to the Urban Growth Boundary Anomalies Advisory
Committee Report, in accordance with the Resolution of the Council of 20 February 2013.
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ENVIRONMENT AND PLANNING STANDING COMMITTEES —
Mr D.M. Davis moved, by leave, That Mrs Peulich be discharged from the Environment and
Planning Legislation Committee and the Environment and Planning References Committee
and that Mr Dalla-Riva be appointed in her place.
Question — put and agreed to.
* * * * *
Mr D.M. Davis moved, by leave, That Mrs Peulich be a participating member of the
Environment and Planning Legislation and References Committees.
Question — put and agreed to.
10 BUSINESS OF THE COUNCIL — Mr Jennings moved, by leave, That precedence be given to
the following General Business on Wednesday, 17 April 2013:
(1)
Order of the Day No. 28, motion to take note of an answer given by the Minister for
Planning to a question without notice relating to Baw Baw Planning Scheme
Amendment C96;
(2)
Notice of Motion No. 547 standing in the name of Mr Tee to introduce the Residential
Tenancies Amendment (Rooming House Standards) Bill 2013;
(3)
the Notice of Motion given this day by Mr Tee relating to the funding of outstanding
election commitments in the 2013-14 State budget;
(4)
Notice of Motion No. 528 standing in the name of Ms Hartland referring the Accident
Compensation Legislation (Fair Protection for Firefighters) Bill 2011 to the Economy
and Infrastructure Legislation Committee;
(5)
Order of the Day No. 27, resumption of debate on motion relating to the production of
certain documents in relation to the East-West Link Project; and
(6)
Order of the Day No. 25, motion to take note of the Victorian Climate Change
Adaptation Plan.
Question — put and agreed to.
11 MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing
Order 5.12.
12 BUSINESS POSTPONED — Ordered — That the consideration of the Notices of Motion,
Government Business, and Order of the Day, Government Business, No. 1, be postponed
until later this day.
13 ASSISTED REPRODUCTIVE TREATMENT 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.
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Legislative Council of Victoria
14 ALPINE RESORTS AND NATIONAL PARKS ACTS AMENDMENT BILL 2013 — Debate
resumed on the question, That the Bill be now read a second time.
Question — put.
The Council divided — The President in the Chair.
AYES, 33
NOES, 3
Mr Atkinson
Mr Barber
Ms Broad
Ms Hartland (Teller)
Mrs Coote
Ms Pennicuik (Teller)
Ms Crozier
Mr Dalla-Riva (Teller)
Ms Darveniza
Mr D.M. Davis
Mr P.R. Davis
Mr Drum
Mr Eideh
Mr Elasmar
Mr Finn
Mr Guy
Mr Hall
Mr Jennings
Mr Koch
Mrs Kronberg
Mr Leane
Ms Lovell
Mr O’Brien
Mr O’Donohue
Mr Ondarchie
Mrs Petrovich
Mrs Peulich
Ms Pulford (Teller)
Mr Ramsay
Mr Rich-Phillips
Mr Scheffer
Mr Somyurek
Mr Tarlamis
Mr Tee
Ms Tierney
Mr Viney
Question 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.
15 BUSINESS POSTPONED — Ordered — That the consideration of Order of the Day,
Government Business, No. 3, be postponed until later this day.
16 PLANNING AND ENVIRONMENT AMENDMENT (GROWTH AREAS AUTHORITY AND
MISCELLANEOUS) BILL 2013 — Debate resumed on the question, That the Bill be now
read a second time.
Amendments proposed to be moved in Committee by Mr Tee were circulated.
Debate continued.
Business having been interrupted at 10.00 p.m. pursuant to Sessional Orders, the debate
stood adjourned in the name of Mr Barber —
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17 ADJOURNMENT — The President proposed the question, That the House do now adjourn.
Debate ensued and responses to certain Adjournment matters were circulated pursuant to
Standing Orders.
And then the Council, at 10.29 p.m., adjourned until tomorrow.
WAYNE TUNNECLIFFE
Clerk of the Legislative Council