LEGISLATIVE COUNCIL
MINUTES OF THE PROCEEDINGS
No. 100 — Wednesday, 28 November 2012
Proof Version
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The President took the Chair and read the Prayer.
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ACTING PRESIDENT’S PANEL — The President laid on the Table the following Warrant
nominating an Acting President:
LEGISLATIVE COUNCIL
VICTORIA
Pursuant to the provisions of Standing Order 2.12 of the Legislative Council, I do hereby nominate —
Mr Craig Philip Ondarchie
to be an Acting President whenever requested to do so by the President or Deputy President.
Given under my hand on 28 November 2012.
BRUCE N. ATKINSON
President of the Legislative Council
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PETITIONS —
SWINBURNE UNIVERSITY LILYDALE CAMPUS — Mr Leane presented a Petition bearing
17 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.
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FARMER HEALTH — Ms Tierney presented a Petition bearing 8 signatures from certain
citizens of Victoria requesting that the Government reinstate funding for the National Centre
for Farmer Health and guarantee no further cuts will be made.
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:
Auditor-General Reports on —
Local Government: Results of the 2011-12 Audits, November 2012.
Portfolio Departments and Associated Entities: Results of the 2011-12 Audits,
November 2012.
Prison Capacity Planning, November 2012.
Student Completion Rates, November 2012.
Crown Land (Reserves) Act 1978 — Minister’s Order of 12 November 2012 giving
approval to the granting of a licence at Mornington Public Park Reserve.
Parliamentary Committees Act 2003 — Government Response to the Rural and Regional
Committee’s Report on the Capacity of the Farming Sector to Attract and Retain Young
Farmers and Respond to an Ageing Workforce.
Special Investigations Monitor —
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Legislative Council of Victoria
Report 2011-12, pursuant to section 39 of the Crimes (Controlled Operations) Act 2004
in relation to the Office of Police Integrity.
Report 2011-12, pursuant to section 39 of the Crimes (Controlled Operations) Act 2004
in relation to Victoria Police.
Report 2011-12, pursuant to section 131T of the Fisheries Act 1995 in relation to
Department of Primary Industries.
Report 2011-12, pursuant to section 74P of the Wildlife Act 1975 in relation to the
Department of Sustainability and Environment.
Report for the period 1 January to 30 June 2012, pursuant to section 30Q of the
Surveillance Devices Act 1999.
Statutory Rules under the following Acts of Parliament:
Associations Incorporation Reform Act 2012 — No. 128.
Crimes Act 1958 — No. 127.
Subordinate Legislation Act 1994 — Documents under section 15 in respect of Statutory
Rule No. 122.
Wrongs Act 1958 — Notice of Scale of Fees and Costs for Referrals of Medical Questions
to Medical Panels.
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MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing
Order 5.12.
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GOVERNMENT ELECTION COMMITMENTS — Mr Lenders moved, That this House notes
that the Baillieu-Ryan Coalition promised the people of Victoria in 2010 to "fix the problems"
and "build the future" but has failed to successfully plan, build or deliver on its promise
during the past two years, in particular —
(1) cost of living pressures on families have increased with higher taxes and charges
levied by the Baillieu Government which is now the highest taxing and spending
Government in the history of the State;
(2) health services have been cut and promises that were made have not been delivered
on;
(3) education services and school construction have been cut and promises that were
made have not been delivered on; and
(4) after two years in office, the Baillieu Government has no Jobs Plan;
and that this House calls on the Baillieu-Ryan Government to plan for the future, build both
infrastructure and human capital and deliver on its election commitments.
Debate ensued.
Business having been interrupted at 12 noon pursuant to Standing Orders—
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QUESTIONS — Questions without notice were taken pursuant to Standing Order 8.04 and
answers to certain questions on notice were circulated pursuant to Standing Order 8.10.
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GOVERNMENT ELECTION COMMITMENTS — Debate continued on the question, That this
House notes that the Baillieu-Ryan Coalition promised the people of Victoria in 2010 to "fix
the problems" and "build the future" but has failed to successfully plan, build or deliver on its
promise during the past two years, in particular —
(1) cost of living pressures on families have increased with higher taxes and charges
levied by the Baillieu Government which is now the highest taxing and spending
Government in the history of the State;
(2) health services have been cut and promises that were made have not been delivered
on;
(3) education services and school construction have been cut and promises that were
made have not been delivered on; and
(4) after two years in office, the Baillieu Government has no Jobs Plan;
and that this House calls on the Baillieu-Ryan Government to plan for the future, build both
infrastructure and human capital and deliver on its election commitments.
On the motion of Mr Leane, the debate was adjourned until later this day.
Minutes of the Proceedings
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TOBACCO AMENDMENT (SMOKING IN OUTDOOR AREAS) BILL 2012 — Ms Hartland
laid on the Table the statement of compatibility as required by the Charter of Human Rights
and Responsibilities Act 2006.
Ms Hartland moved, That the Bill be now read a second time.
On the motion of Ms Lovell (for Ms Crozier), the debate was adjourned for two weeks.
10 LAW REFORM COMMITTEE REFERENCE — Mr Pakula moved, That, under section 33 of
the Parliamentary Committees Act 2003, the Law Reform Committee is required to inquire
into, consider and report no later than 30 August 2013 into access to justice matters, and in
particular —
(1) the level of legal aid funding;
(2) the adequacy of such funding in a changing legal environment;
(3) the role of, and resources available to, community legal centres in the current
environment;
(4) court resourcing issues and the relationship of those issues to access to justice;
(5) what role the private profession can and does play in improving access to justice;
(6) whether improvements in Victoria Police resourcing could have a positive impact on
court times and hence access to justice; and
(7) any other matter the Committee deems appropriate.
Debate ensued.
Question — put.
The Council divided — The President in the Chair.
AYES, 19
NOES, 21
Mr Barber
Mr Atkinson
Ms Broad
Mrs Coote
Ms Darveniza (Teller)
Ms Crozier
Mr Eideh
Mr Dalla-Riva
Mr Elasmar
Mr D.M. Davis
Mr Jennings
Mr P.R. Davis
Ms Hartland
Mr Drum (Teller)
Mr Leane
Mr Elsbury
Mr Lenders
Mr Finn
Ms Mikakos
Mr Guy
Mr Pakula
Mr Hall
Ms Pennicuik
Mr Koch
Ms Pulford
Mrs Kronberg
Mr Scheffer (Teller)
Ms Lovell
Mr Somyurek
Mr O’Brien
Mr Tarlamis
Mr O’Donohue
Mr Tee
Mr Ondarchie
Ms Tierney
Mrs Petrovich
Mr Viney
Mrs Peulich (Teller)
Mr Ramsay
Mr Rich-Phillips
Question negatived.
11 BUSINESS POSTPONED — Ordered — That the consideration of Notice of Motion, General
Business No.478, be postponed until later this day.
12 ALCOA (PORTLAND ALUMINIUM SMELTER) (AMENDMENT) ACT AMENDMENT BILL
2012 — 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, 3
NOES, 37
Mr Barber
Mr Atkinson
Ms Hartland (Teller)
Ms Broad
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Legislative Council of Victoria
Ms Pennicuik (Teller)
Mrs Coote (Teller)
Ms Crozier
Mr Dalla-Riva
Ms Darveniza
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
Mr Tarlamis
Mr Tee
Ms Tierney
Mr Viney
Question negatived.
13 PRODUCTION OF DOCUMENTS — CHANNEL DEEPENING BATHYMETRIC DATA —
Ms Pennicuik moved, That this House requires the Leader of the Government to table in the
Legislative Council by 12 noon on Tuesday, 11 December 2012, examples of bathymetric
data, showing both cross sectional and concomitant 3D representations, for the Plateau and
the Entrance or Rip Bank area used to depict seabed topography from four distinct periods,
namely —
(1) measurements that were used for the 2004 Environment Effects Statement - before
any dredging occurred (pre August 2005);
(2) post the ‘trial dredging’ period (September 2005);
(3) post the completion of the Channel Deepening Project (after 25 November 2009); and
(4) within the past six months;
and any data pertaining to ongoing erosion, if any, as predicted in the Scour Assessment
Report, July 2007, Sinclair Knight Merz, which was tabled on the last day of the 2007
Supplementary Environment Effects Statement Inquiry into Channel Deepening of Port
Phillip Bay.
Debate ensued.
Business having been interrupted at 5.30 p.m. pursuant to Standing Orders —
14 STATEMENTS ON REPORTS AND PAPERS — Statements on reports and papers were
made by Members pursuant to Standing Order 9.10.
Minutes of the Proceedings
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Business having been interrupted at 6.30 p.m. pursuant to Sessional Orders —
15 ADJOURNMENT — The Deputy President proposed the question, That the House do now
adjourn.
Debate ensued.
And then the Council, at 7.20 p.m. adjourned until tomorrow.
WAYNE TUNNECLIFFE
Clerk of the Legislative Council