LEGISLATIVE COUNCIL
MINUTES OF THE PROCEEDINGS
No. 52 — Thursday, 10 December 2015
Proof Version
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The President took the Chair and read the Prayer.
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UPHOLDING AUSTRALIAN VALUES (PROTECTING OUR FLAGS) BILL 2015 — Mr Young
introduced A Bill for an Act to provide for the upholding of Australian values by protecting
certain Australian Flags and for other purposes.
On the motion of Mr Young, the Bill was read a first time and ordered to be read a second time
on the next day of meeting.
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PAPERS —
CHILDREN’S COURT OF VICTORIA REPORT 2014-15 — Mr Herbert presented, by
command of the Governor, the Report of the Children’s Court of Victoria for the year
2014-15.
The Report was presented by Mr Herbert and ordered to lie on the Table.
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LEGAL AND SOCIAL ISSUES COMMITTEE — MACHINERY OF GOVERNMENT
CHANGES — Mr O'Donohue presented a Report from the Legal and Social Issues
Committee on Machinery of Government Changes (including Appendices).
Ordered to lie on the Table and to be published.
Mr O'Donohue moved, That the Council take note of the Report.
Debate ensued.
Question — put and agreed to.
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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:
Auditor-General’s Reports on —
Access to Public Sector Information, December 2015 (Ordered to be published).
Implementing the Gifts, Benefits and Hospitality Framework, December 2015
(Ordered to be published).
Water Entities: 2014-15 Audit Snapshot, December 2015 (Ordered to be published).
Commissioner for Environmental Sustainability Act 2003 — Framework for the Victorian
2018 State of the Environment Report.
Falls Creek Alpine Resort Management Board — Report for the year ended 31 October
2014.
Legal Profession Uniform Law Application Act 2014 — Practitioner Remuneration Order,
1 January 2016.
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Legislative Council of Victoria
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SITTING OF THE COUNCIL — Ms Pulford moved, That the Council, at its rising, adjourn until
Tuesday, 9 February 2016.
Question — put and agreed to.
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MINISTERS’ STATEMENTS — Statements were made by Ministers pursuant to Sessional
Order 2.
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MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing
Order 5.13.
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BUSINESS POSTPONED — Ordered — That the consideration of Notices of Motion,
Government Business Nos. 25 to 207, be postponed until later this day.
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DELIVERING VICTORIAN INFRASTRUCTURE (PORT OF MELBOURNE LEASE
TRANSACTION) BILL 2015 — Debate resumed on the question, That the Bill be now read
a second time.
Business having been interrupted at 12 noon pursuant to Sessional Orders —
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QUESTIONS — Questions without notice were taken pursuant to Sessional Order 3 and
Answers to certain questions on notice were circulated pursuant to Standing Order 8.10.
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QUESTIONS DIRECTED FOR WRITTEN RESPONSE — The President directed written
responses be provided to questions without notice pursuant to Sessional Order 5 as follows:
 Regional Living Expo — supplementary question asked by Mr Drum — response from
Ms Pulford due Tuesday, 9 February 2016.
 No. 86 Tram Route — substantive and supplementary question asked by Ms Patten —
response from Ms Pulford due Wednesday, 10 February 2016.
10 MESSAGE FROM ASSEMBLY — MINISTER TO APPEAR BEFORE ENVIRONMENT AND
PLANNING COMMITTEE — The President read a Message from the Assembly informing
the Council that the Assembly had refused to consent to the Legislative Council’s request for
the Minister for Energy and Resources to appear before the Legislative Council Environment
and Planning Committee to give evidence and answer questions in relation to the inquiry into
onshore unconventional gas.
On the motion of Mr Davis, the Message was ordered to be taken into consideration on the
next day of meeting.
11 CONSTITUENCY QUESTIONS — Constituency questions were taken pursuant to Sessional
Order 4.
12 DELIVERING VICTORIAN INFRASTRUCTURE (PORT OF MELBOURNE LEASE
TRANSACTION) BILL 2015 — Debate continued on the question, That the Bill be now read
a second time.
Debate continued.
On the motion of Ms Mikakos, the debate was adjourned until the next day of meeting.
13 RELATIONSHIPS AMENDMENT BILL 2015 — Debate resumed on the question, That the Bill
be now read a second time.
An amendment proposed to be moved in Committee by Ms Pennicuik was circulated.
Debate continued.
Question — put and agreed to.
Bill read a second time and committed to a Committee of the whole.
House in Committee.
Bill reported with an 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 with an amendment.
14 ASSISTED REPRODUCTIVE TREATMENT AMENDMENT BILL 2015 — The Acting
President read a Message from the Assembly presenting A Bill for and Act to amend the
Assisted Reproductive Treatment Act 2008 to enable persons born as the result of the use
of gametes donated before 1 January 1998 to obtain information about donors without
Minutes of the Proceedings
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consent, to provide for the lodgement of contact preferences, to further provide for the
keeping of the Central Register and the Voluntary Register, to make consequential
amendments to the Births, Deaths and Marriages Registration Act 1996 and for other
purpose and requesting the agreement of the Council.
On the motion of Mr Herbert (for Ms Mikakos), the Bill was read a first time and, by leave,
ordered to be read a second time forthwith.
Mr Herbert 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 Herbert, the second reading speech was incorporated into Hansard.
Mr Herbert moved, That the Bill be now read a second time.
On the motion of Mr Ondarchie (for Ms Wooldridge), the debate was adjourned for one week.
15 BAIL AMENDMENT BILL 2015 — The Acting President read a Message from the Assembly
presenting A Bill for an Act to amend the Bail Act 1977 in relation to terrorism related
offences, serious offences, failure to answer bail and children, to amend the Children, Youth
and Families Act 2005 in relation to the commencement of criminal proceedings against
children and youth offending information, to make consequential amendments to certain
Acts and for other purposes and requesting the agreement of the Council.
On the motion of Mr Herbert, the Bill was read a first time and, by leave, ordered to be read a
second time forthwith.
Mr Herbert 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 Herbert, the second reading speech was incorporated into Hansard.
Mr Herbert moved, That the Bill be now read a second time.
On the motion of Mr Ondarchie (for Mr Rich-Phillips), the debate was adjourned for one week.
16 CROWN LAND LEGISLATION AMENDMENT (CANADIAN REGIONAL PARK AND OTHER
MATTERS) BILL 2015 — The Acting President read a Message from the Assembly
presenting A Bill for an Act to amend the Crown Land (Reserves) Act 1978, the Forests Act
1958, the Land Act 1958, the Livestock Disease Control Act 1994, the Mineral Resources
(Sustainable Development) Act 1990, the National Parks Act 1975 and the Wildlife Act 1975
and for other purposes and requesting the agreement of the Council.
On the motion of Mr Herbert (for Mr Jennings), the Bill was read a first time and, by leave,
ordered to be read a second time forthwith.
Mr Herbert 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 Herbert, the second reading speech was incorporated into Hansard.
Mr Herbert moved, That the Bill be now read a second time.
On the motion of Mr Ondarchie (for Mr Davis), the debate was adjourned for one week.
17 KARDINIA PARK STADIUM BILL 2015 — The Acting President read a Message from the
Assembly presenting A Bill for an Act to establish the Kardinia Park Stadium Trust to
administer certain land and facilities at Kardinia Park, to provide the functions and powers of
the Trust, to provide power to re-reserve land at Kardinia Park, and to make consequential
amendments to the Geelong (Kardinia Park) Land Act 1950 and other Acts and for other
purposes and requesting the agreement of the Council.
On the motion of Mr Herbert (for Mr Jennings), the Bill was read a first time and, by leave,
ordered to be read a second time forthwith.
Mr Herbert 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 Herbert, the second reading speech was incorporated into Hansard.
Mr Herbert moved, That the Bill be now read a second time.
On the motion of Mr Ondarchie (for Mr Drum), the debate was adjourned for one week.
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18 LAND (REVOCATION OF RESERVATIONS) BILL 2015 — The Acting President read a
Message from the Assembly presenting A Bill for an Act to revoke permanent reservations of
certain land, to provide for reservations of certain land for specified purposes and for other
purposes and requesting the agreement of the Council.
On the motion of Mr Herbert (for Mr Jennings), the Bill was read a first time and, by leave,
ordered to be read a second time forthwith.
Mr Herbert 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 Herbert, the second reading speech was incorporated into Hansard.
Mr Herbert moved, That the Bill be now read a second time.
On the motion of Mr Ondarchie (for Mr Davis), the debate was adjourned for one week.
19 ADJOURNMENT — Ms Mikakos moved, That the House do now adjourn.
Debate ensued and responses to certain Adjournment matters were circulated pursuant to
Standing Order 4.13.
And then the Council, at 6.36 p.m., adjourned until Tuesday, 9 February 2016.
ANDREW YOUNG
Clerk of the Legislative Council