855
LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY
2012–2013–2014
MINUTES OF PROCEEDINGS
No. 77
TUESDAY, 28 OCTOBER 2014
1
The Assembly met at 10 a.m., pursuant to adjournment. The Speaker (Mrs Dunne)
took the Chair and asked Members to stand in silence and pray or reflect on their
responsibilities to the people of the Australian Capital Territory.
2
SECURITY—ASSEMBLY BUILDING—STATEMENT BY SPEAKER
The Speaker made a statement concerning security arrangements for the Assembly
building.
3
JUSTICE AND COMMUNITY SAFETY—STANDING COMMITTEE
(LEGISLATIVE
SCRUTINY
ROLE)—SCRUTINY
REPORT
25—
STATEMENT BY CHAIR
Mr Doszpot (Chair) presented the following report:
Justice and Community Safety—Standing Committee (Legislative Scrutiny Role)—
Scrutiny Report 25, dated 27 October 2014, together with the relevant minutes of
proceedings—
and, by leave, made a statement in relation to the report.
4
DEPUTY CHIEF MINISTER’S DELEGATION TO SINGAPORE AND
TOKYO, JAPAN—STATEMENT BY MINISTER
Mr Barr (Deputy Chief Minister), by leave, made a statement regarding the Deputy
Chief Minister’s recent delegation to Singapore and Tokyo, Japan.
5
EARLY INTERVENTION SERVICES IN THE A.C.T.—STATEMENT BY
MINISTER—PAPER—PAPER NOTED
Ms Burch (Minister for Disability), by leave, made a statement regarding the early
intervention tender process and presented the following paper:
Early intervention services in the ACT—28 October 2014.
www.parliament.act.gov.au/minutes
856
No. 77—28 October 2014
Ms Burch moved—That the Assembly takes note of the paper.
Debate ensued.
Question—put and passed.
6
DELEGATION TO DILI, TIMOR-LESTE—STATEMENT BY MINISTER—
PAPER—PAPER NOTED
Mr Gentleman (Minister for Children and Young People), by leave, made a statement
regarding his recent trip to Dili, Timor-Leste representing the Chief Minister at the
opening of the National Activities Centre for Scouting, and presented the following
paper:
Delegation to Dili, Timor-Leste—Ministerial statement.
Mr Gentleman moved—That the Assembly takes note of the paper.
Question—put and passed.
7
JUSTICE AND COMMUNITY SAFETY LEGISLATION AMENDMENT BILL
2014 (NO. 2)
The order of the day having been read for the resumption of the debate on the
question—That this Bill be agreed to in principle—
Debate resumed.
Question—That this Bill be agreed to in principle—put and passed.
Leave granted to dispense with the detail stage.
Question—That this Bill be agreed to—put and passed.
8
EMERGENCIES AMENDMENT BILL 2014
The order of the day having been read for the resumption of the debate on the
question—That this Bill be agreed to in principle—
Debate resumed.
Question—That this Bill be agreed to in principle—put and passed.
Detail Stage
Clauses 1 to 8, by leave, taken together and agreed to.
Clause 9—
Mr Corbell (Minister for Police and Emergency Services), pursuant to standing order
182A(b), by leave, moved his amendment No. 1 (see Schedule 1).
Paper: Mr Corbell presented a supplementary explanatory statement to the
Government amendment.
Debate continued.
Question—put.
The Assembly voted—
No. 77—28 October 2014
AYES, 9
Mr Barr
Ms Gallagher
Ms Berry
Mr Gentleman
Dr Bourke
Ms Porter
Ms Burch
Mr Rattenbury
Mr Corbell
857
NOES, 8
Mr Coe
Ms Lawder
Mr Doszpot
Mr Smyth
Mrs Dunne
Mr Wall
Mr Hanson
Mrs Jones
And so it was resolved in the affirmative.
Question—That Clause 9, as amended, be agreed to—put.
The Assembly voted—
AYES, 9
Mr Barr
Ms Gallagher
Ms Berry
Mr Gentleman
Dr Bourke
Ms Porter
Ms Burch
Mr Rattenbury
Mr Corbell
NOES, 8
Mr Coe
Ms Lawder
Mr Doszpot
Mr Smyth
Mrs Dunne
Mr Wall
Mr Hanson
Mrs Jones
And so it was resolved in the affirmative.
Remainder of Bill, by leave, taken as a whole and agreed to.
Question—That this Bill, as amended, be agreed to—put and passed.
9
MENTAL HEALTH (TREATMENT AND CARE) AMENDMENT BILL 2014
The order of the day having been read for the resumption of the debate on the
question—That this Bill be agreed to in principle—
Debate resumed.
Debate interrupted in accordance with standing order 74 and the resumption of the
debate made an order of the day for a later hour this day.
10
LIGHT RAIL NETWORK PROJECT
Mr Rattenbury (Minister for Territory and Municipal Services), by leave, made a
statement in relation to a question without notice asked by Mr Coe on 23 October
2014 concerning works associated with the light rail network project.
11
QUESTIONS
Questions without notice were asked.
12
PAPERS
Mr Barr (Minister for Tourism), having added to an answer to a question without
notice asked by Mr Smyth on 22 October 2014 concerning the size of the Convention
Centre, presented the following papers:
National Convention Centre—Room capacity chart and floor plan.
Major Australian Convention Centres—Comparison report, prepared by the Canberra
Convention Bureau.
Regional Convention Centres—Summary of capacity.
858
13
No. 77—28 October 2014
PUBLIC SECTOR MANAGEMENT ACT—EXECUTIVE CONTRACTS—
PAPERS AND STATEMENT BY MINISTER
Ms Gallagher (Chief Minister) presented the following papers:
Public Sector Management Act, pursuant to sections 31A and 79—Copies of
executive contracts or instruments—
Short-term contracts:
Emily Springett, dated 15 and 16 October 2014.
Fay Steward, dated 15 October 2014.
Leanne Power, dated 14 and 15 October 2014.
Melanie Saballa, dated 9 and 10 October 2014.
Samuel Engele, dated 2 and 13 October 2014.
Therese Gehrig, dated 15 October 2014.
Contract variations:
Anita Perkins, dated 8 and 9 October 2014.
Carolyn Grayson, dated 10 October 2014.
Christopher Reynolds, dated 16 October 2014.
Richard Baumgart, dated 13 and 15 October 2014—
and, by leave, made a statement in relation to the papers.
14
CLIMATE CHANGE AND GREENHOUSE GAS REDUCTION ACT—
CLIMATE CHANGE COUNCIL—ANNUAL REPORT 2013-14—PAPER AND
STATEMENT BY MINISTER
Mr Corbell (Minister for the Environment) presented the following paper:
Climate Change and Greenhouse Gas Reduction Act, pursuant to subsection 19(3)—
Climate Change Council Annual Report 2013-14, dated 12 August 2014—
and, by leave, made a statement in relation to the paper.
15
PRESENTATION OF PAPERS
Ms Burch (Minister for Education and Training) presented the following papers:
Education Act—Advices, pursuant to:
Section 66A—Government Schools Education Council—2015-16 Budget Priorities
and Strategic Directions for Public Schools, dated October 2014.
Section 118A—Non-Government Schools Education Council—2015-16 Budget
Priorities and Strategic Directions for Non-government Schools, dated 13 October
2014.
16
PLANNING AND DEVELOPMENT ACT—APPROVAL—VARIATION NO. 297
TO THE TERRITORY PLAN—PUBLIC LAND OVERLAY AND ZONE
CHANGES—CANBERRA CENTRAL/WATSON/HACKETT—GUNGAHLIN,
JERRABOMBERRA AND YARRALUMLA—PAPER AND STATEMENT BY
MINISTER
Mr Gentleman (Minister for Planning) presented the following paper:
No. 77—28 October 2014
859
Planning and Development Act, pursuant to subsection 79(1)—Approval of Variation
No. 297 to the Territory Plan—Public land overlay and zone changes—Canberra
Central/Watson/Hackett—Gungahlin, Jerrabomberra and Yarralumla, dated
13 October 2014, together with background papers, a copy of the summaries and
reports, and a copy of any direction or report required—
and, by leave, made a statement in relation to the paper.
17
OFFICIAL VISITOR ACT—OFFICIAL VISITOR FOR CHILDREN AND
YOUNG PEOPLE—ANNUAL REPORT 2013-14—PAPER AND STATEMENT
BY MINISTER
Mr Gentleman (Minister for Children and Young People) presented the following
paper:
Official Visitor Act, pursuant to section 17—Official Visitor for Children and Young
People—Annual Report 2013-14—
and, by leave, made a statement in relation to the paper.
18
PRESENTATION OF PAPERS
Mr Corbell (Manager of Government Business) presented the following papers:
Subordinate legislation (including explanatory statements unless otherwise
stated)
Legislation Act, pursuant to section 64—
Civil Law (Wrongs) Act—Civil Law (Wrongs) Professional Standards Council
Appointment 2014 (No. 2)—Disallowable Instrument DI2014-276 (LR, 20 October
2014).
Crimes (Sentence Administration) Act—Crimes (Sentence Administration)
(Sentence Administration Board) Appointment 2014 (No. 3)—Disallowable
Instrument DI2014-254 (LR, 9 October 2014).
Cultural Facilities Corporation Act and Financial Management Act—
Cultural Facilities Corporation (Governing Board) Appointment 2014 (No. 1)—
Disallowable Instrument DI2014-256 (LR, 13 October 2014).
Cultural Facilities Corporation (Governing Board) Appointment 2014 (No. 2)—
Disallowable Instrument DI2014-257 (LR, 13 October 2014).
Emergencies Act—
Emergencies (Bushfire Council Members) Appointment 2014 (No. 1)—
Disallowable Instrument DI2014-252 (LR, 30 September 2014).
Emergencies (Bushfire Council Members) Appointment 2014 (No. 2)—
Disallowable Instrument DI2014-255 (LR, 9 October 2014).
Gene Technology (GM Crop Moratorium) Act—Gene Technology (GM Crop
Moratorium) Moratorium Order 2014 (No. 1)—Disallowable Instrument
DI2014-274 (LR, 16 October 2014).
Heritage Act—Heritage Amendment Regulation 2014 (No. 1)—Subordinate Law
SL2014-24 (LR, 2 October 2014).
Information Privacy Act—Information Privacy Regulation 2014—Subordinate Law
SL2014-25 (LR, 16 October 2014).
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No. 77—28 October 2014
Official Visitor Act—
Official Visitor (Mental Health) Appointment 2014 (No. 1)—Disallowable
Instrument DI2014-270 (LR, 16 October 2014).
Official Visitor (Mental Health) Appointment 2014 (No. 2)—Disallowable
Instrument DI2014-271 (LR, 16 October 2014).
Public Place Names Act—Public Place Names (Nicholls) Determination 2014
(No. 1)—Disallowable Instrument DI2014-275 (LR, 16 October 2014).
Public Sector Management Act—Public Sector Management (Executive Vehicle
Entitlement) Amendment Standards 2014 (No. 1)—Disallowable Instrument
DI2014-272 (LR, 16 October 2014).
Road Transport (General) Act—
Road Transport (General) (Pay Parking Area Fees) Determination 2014 (No. 2)—
Disallowable Instrument DI2014-253 (LR, 2 October 2014).
Road Transport (General) Application of Road Transport Legislation Declaration
2014 (No. 2)—Disallowable Instrument DI2014-273 (LR, 16 October 2014).
Road Transport (Safety and Traffic Management) Regulation—Road Transport
(Safety and Traffic Management) Parking Authority Declaration 2014 (No. 3)—
Disallowable Instrument DI2014-267 (LR, 16 October 2014).
18
MATTER
OF
PUBLIC
IMPORTANCE—DISCUSSION—URBAN
MAINTENANCE
The Assembly was informed that Ms Berry, Dr Bourke, Mr Coe, Mr Doszpot,
Mr Hanson (Leader of the Opposition), Mrs Jones, Ms Lawder, Ms Porter, Mr Smyth
and Mr Wall had proposed that matters of public importance be submitted to the
Assembly for discussion. In accordance with the provisions of standing order 79, the
Speaker had determined that the matter proposed by Ms Lawder be submitted to the
Assembly, namely, “The importance of urban maintenance for the people of the
ACT”.
Discussion ensued.
Discussion concluded.
20
MENTAL HEALTH (TREATMENT AND CARE) AMENDMENT BILL 2014
The order of the day having been read for the resumption of the debate on the
question—That this Bill be agreed to in principle—
Debate adjourned (Mr Corbell—Attorney-General) and the resumption of the debate
made an order of the day for the next sitting.
21
ADJOURNMENT
Mr Corbell (Manager of Government Business) moved—That the Assembly do now
adjourn.
Debate ensued.
Question—put and passed.
And then the Assembly, at 4.56 p.m., adjourned until tomorrow at 10 a.m.
No. 77—28 October 2014
861
MEMBERS’ ATTENDANCE: All Members were present at some time during the sitting.
Tom Duncan
Clerk of the Legislative Assembly
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No. 77—28 October 2014
SCHEDULE OF AMENDMENTS
Schedule 1
EMERGENCIES AMENDMENT BILL 2014
Amendment circulated by the Minister for Police and Emergency Services
1
Clause 9
Proposed new section 8A (3)
Page 4, line 12—
insert
(3) In this section:
coordination of an emergency means the bringing together of the
emergency services and other agencies and resources to support the
response to the emergency.