LEGISLATIVE COUNCIL
MINUTES OF THE PROCEEDINGS
No. 19 — Thursday, 28 May 2015
Proof Version
1
The President took the Chair and read the Prayer.
2
ECONOMY AND INFRASTRUCTURE COMMITTEE — SELF REFERRAL — The President
read a letter from the Chair of the Economy and Infrastructure Standing Committee advising
that the Committee, pursuant to Sessional Order 6, commenced a self-referenced inquiry on
27 May 2015 into the State Taxation Acts Amendment Bill 2015.
3
PAPERS —
GOVERNMENT RESPONSE TO THE COMMUNITY VISITORS ANNUAL REPORT,
2013-14 — Ms Pulford (for Ms Mikakos) moved, by leave, That there be laid before this
House a copy of the Government Response to the Community Visitors Annual Report, 201314.
Question — put and agreed to.
* * * * *
PAPERS PURSUANT TO STATUTE — The following Papers, pursuant to the direction of
several Acts of Parliament, were laid on the Table by the Acting Clerk:
Auditor-General’s Reports on —
Technical and Further Education Institutes: 2014 Audit Snapshot, May 2015 (Ordered
to be published).
Victoria’s Consumer Protection Framework for Building Construction, May 2015
(Ordered to be published).
Members of Parliament (Register of Interests) Act 1978 — Summary of Primary Return —
May 2015 and Summary of Variations notified between 18 February 2015 and 22 May
2015 (Ordered to be published).
4
SITTING OF THE COUNCIL — Mr Jennings moved, That the Council, at its rising, adjourn
until 2.00 p.m. on Tuesday, 9 June 2015.
Question — put and agreed to.
5
MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing
Order 5.13.
6
BUSINESS POSTPONED — Ordered — That the consideration of Notices of Motion,
Government Business, Nos. 8 to 119, be postponed until later this day.
7
CRIMES AMENDMENT (REPEAL OF SECTION 19A) BILL 2015 — 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.
2
Legislative Council of Victoria
Bill returned to the Assembly with a Message informing them that the Council have agreed to
the Bill without amendment.
8
SENTENCING AMENDMENT (CORRECTION OF SENTENCING ERROR) 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 —
9
QUESTIONS — Questions without notice were taken pursuant to Sessional Order 3.
CHILDHOOD EDUCATORS COVERED BY ENTERPRISE BARGAINING AGREEMENT —
Ms Mikakos having given an answer to a question without notice relating to childhood
educators covered by an Enterprise Bargaining Agreement —
On the motion of Ms Crozier, the Minister’s answer was ordered to be taken into consideration
on the next day of meeting.
QUESTIONS — Questions without notice continued.
APPOINTMENT OF MR CRAIG INGRAM, TARGET ONE MILLION — RECREATIONAL
FISHING — Ms Pulford having given an answer to a question without notice relating to the
appointment of Mr Craig Ingram to Target One Million, Recreational Fishing —
Mr Drum moved, by leave, that the Minister’s answer be taken into consideration forthwith.
Debate ensued.
Question — put and agreed to.
QUESTIONS — Questions without notice continued and answers to certain questions on
notice were circulated pursuant to Standing Order 8.10.
10 CONSTITUENCY QUESTIONS — Constituency questions were taken pursuant to Sessional
Order 4.
11 SENTENCING AMENDMENT (CORRECTION OF SENTENCING ERROR) BILL 2015 —
Debate continued on the question, That the Bill be 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.
12 JUSTICE LEGISLATION AMENDMENT BILL 2015 — Debate resumed on the question, That
the Bill be now read a second time.
Amendments proposed to be moved in Committee by Mr Herbert were circulated.
Debate continued.
Question — put and agreed to.
Bill read a second time.
Mr Bourman moved, That it be an instruction to the Committee that they have power to
consider amendments and New Clauses to amend the Firearms Act 1996 to lower the
minimum age for participation in paintball activities from 18 to 16 and make other
amendments to the requirements imposed on operators of paintball ranges.
Question — put and agreed to.
Bill committed to a Committee of the whole.
House in Committee.
Bill reported with amendments, 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 amendments and requesting their agreement.
13 BUDGET PAPERS 2015-16 — Debate resumed on the question, That the Council take note
of the Budget Papers, 2015-16.
On the motion of Mr Barber, the debate was adjourned until the next day of meeting.
14 APPROPRIATION (2015-2016) BILL 2015 — The Acting President read a Message from the
Assembly presenting A Bill for an Act for the appropriation of certain sums out of the
Minutes of the Proceedings
3
Consolidated Fund for the ordinary annual services of the Government for the financial year
2015/2016 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 Rich-Phillips), the debate was adjourned for one week.
15 APPROPRIATION (PARLIAMENT 2015-2016) BILL 2015 — The Acting President read a
Message from the Assembly presenting A Bill for an Act for the appropriation of certain sums
out of the Consolidated Fund for the ordinary annual services of the Government for the
financial year 2015/2016 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 Rich-Phillips), the debate was adjourned for one week.
16 STATE TAXATION ACTS AMENDMENT BILL 2015 — The Acting President read a Message
from the Assembly presenting A Bill for an Act to amend the Duties Act 2000, the Land Tax
Act 2005 and the Taxation Administration Act 1997 and to consequentially amend the Back
to Work Act 2015 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 Rich-Phillips), the debate was adjourned for one week.
17 COURTS SERVICES VICTORIA AND OTHER ACTS AMENDMENT BILL 2015 — The
Acting President read a Message from the Assembly presenting A Bill for an Act to amend
the Court Services Victoria Act 2014 to make provision for the employment of the chief
executive officer of the Judicial College of Victoria, to amend the Financial Management Act
1994 to provide Court Services Victoria with greater budget flexibility and to amend the
Independent Broad-based Anti-corruption Commission Act 2011 to clarify the role of the
Chief Executive Officer of Court Services Victoria in relation to complaints made to, and
investigations by, the Independent Broad-based Anti-corruption Commission 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.
18 WRONGS AMENDMENT (PRISONER RELATED COMPENSATION) BILL 2015 — The
Acting President read a Message from the Assembly presenting A Bill for an Act to amend
the Wrongs Act 1958 to restrict the amount of damages that may be awarded for non-
4
Legislative Council of Victoria
economic loss in respect of mental harm caused by the death or injury of a prisoner if as an
adult the claimant has been convicted of an offence 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.
19 COGNATE DEBATE — Mr Herbert moved, by leave, That this House authorises the
President to permit the second reading debate on the Appropriation (2015-16) Bill 2015 to
be taken concurrently with further debate on the motion to take note of the Budget Papers,
2015-16.
Question — put and agreed to.
20 ADJOURNMENT — Mr Jennings 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 6.07 p.m., adjourned until Tuesday, 9 June 2015.
ANDREW YOUNG
Acting Clerk of the Legislative Council