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1001
LEGISLATIVE ASSEMBLY
2015-16
FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT
___________________
VOTES AND PROCEEDINGSNo. 97
TUESDAY 15 NOVEMBER 2016
___________________
1 MEETING OF THE HOUSE
The House met at 12.00 noon pursuant to adjournment. The Speaker took the Chair, read the prayer and acknowledged the traditional owners, thanking them for their custodianship of country.
2 NOTICES OF MOTIONS (GENERAL NOTICES)
3 PRIVATE MEMBERS’ STATEMENTS_____________
The Temporary Speaker (Mr Bruce Notley-Smith) left the Chair at 1.34 pm.
The Speaker resumed the Chair at 2.15 pm._____________
4 SPEAKER’S STATEMENT—CENTENARY OF THE FIRST WORLD WAR
The Speaker made a statement in relation to the Centenary of the First World War and the Battle of the Somme.
5 THE NATIONALS ANNOUNCEMENTS
Mr John Barilaro informed the House of the election on 15 November 2016 of himself as Leader of The Nationals and of the Honourable Niall Mark Blair MLC as Deputy Leader of The Nationals.
1002VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 15 November 2016
_____________
DISORDER IN THE GALLERY: By direction of the Speaker, pursuant to standing order 260, persons having interrupted the orderly conduct of business were removed from the Gallery._____________
6 NOTICE OF MOTION
7 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
Mrs Melinda Pavey—Opposition Policies.Mr Luke Foley—Canterbury, Orange and Wollongong By-elections.
8 QUESTION TIME_____________
Disorder: By direction of the Speaker, Ms Prue Car was removed from the Chamber by the Deputy Serjeant-at-Arms.
Disorder: By direction of the Speaker, Ms Kate Washington was removed from the Chamber by the Deputy Serjeant-at-Arms._____________
(1) Following a request from Mr Kevin Humphries pursuant to standing order 131 (3), the Minister for Local Government provided additional information.
(2) Following a request from Mr Matt Kean pursuant to standing order 131 (3), the Minister for Finance, Services and Property provided additional information._____________
9 PAPERS
(1) Mrs Jillian Skinner tabled:
Reports for the year ended 30 June 2016 of - Australian Health Practitioner Regulation Agency; Combined New South Wales Health Professional Councils (Volumes One to Three); Health Care Complaints Commission; New South Wales Health Foundation; National Health Practitioner Ombudsman and Privacy Commissioner; and Administrator of the National Health Funding Pool (Volume Ones and Two).
(2) Mr Brad Hazzard tabled:
Reports for the year ended 30 June 2016 of - Department of Family and Community Services (Volumes One to Three); and Multicultural NSW.
Report by the Department of Family and Community Services entitled “Child Deaths 2015 Annual Report”.
(3) Mr Rob Stokes tabled:
Reports for the year ended 30 June 2016 of - Central Coast Regional Development Corporation; Greater Sydney Commission; Hunter Development Corporation; Ministerial Development Corporation, Department of Planning and Environment; UrbanGrowth NSW; and UrbanGrowth NSW Development Corporation.
1003VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 15 November 2016
(4) Ms Gabrielle Upton tabled:
Reports for the year ended 30 June 2016 of - Anti-Discrimination Board of New South Wales; New South Wales Bar Association; New South Wales Civil and Administrative Tribunal; Crown Solicitor’s Office; Office of the Director of Public Prosecutions; Judicial Commission of New South Wales; Law and Justice Foundation of New South Wales; Law Society of New South Wales (including the reports for the Public Purpose Fund and the Legal Practitioners Fidelity Fund) (Volumes One to Three); New South Wales Law Reform Commission; Legal Aid New South Wales; Legal Profession Admission Board; Office of the Legal Services Commissioner; and the NSW Trustee and Guardian (incorporating the report of the Public Guardian).
Report by the Attorney General pursuant to section 45 of the Surveillance Devices Act 2007 for the period ended 30 June 2016.
Report by the Attorney General pursuant to section 42 of the Workplace Surveillance Act 2005 for 2015.
Report pursuant to section 242A of the Law Enforcement (Powers and Responsibilities) Act 2002 by the New South Wales Crime Commission for the year ended 30 June 2016.
Report pursuant to section 27ZB of the Terrorism (Police Powers) Act 2002 by the New South Wales Crime Commission for the period 1 July 2015 to 4 November 2015.
Report of the NSW Ombudsman entitled “Report under Section 242(3) of the Law Enforcement (Powers and Responsibilities) Act 2002 for the period ending 28 May 2016, Covert Search Warrants”, dated August 2016.
Report of the NSW Sentencing Council entitled “Intensive correction orders: Statutory review”, dated September 2016.
(5) Mr Stuart Ayres tabled:
Reports for the year ended 30 June 2016 of - Destination NSW; New South Wales Institute of Sport; Office of Sport; State Sporting Venues Authority; Sydney Olympic Park Authority; and Venues NSW.
(6) Mr Victor Dominello tabled:
Reports for the year ended 30 June 2016 of - NSW Architects Registration Board; Fair Trading Administration Corporation; Professional Standards Council; and Rental Bond Board. Report of the State Insurance Regulatory Authority for the period 1 September 2015 to 30 June 2016.
(7) Mr Mark Speakman tabled:
Reports for the year ended 30 June 2016 of - Centennial Park and Moore Park Trust; NSW Climate Change Fund; Office of Environment and Heritage (incorporating the Heritage Council); Environment Protection Authority; New South Wales Environmental Trust; Historic Houses Trust of New South Wales; Jenolan Caves Reserve Trust; Lord Howe Island Board; Parramatta Park Trust; Royal Botanic Gardens and Domain Trust; New South Wales Scientific Committee; Western Sydney Parklands Trust; and Zoological Parks Board of New South Wales (trading as Taronga Conservation Society Australia).
Environment Protection Authority Regulatory Assurance Statement 2015-16.
10 SURVEILLANCE DEVICES ACT
The Acting Clerk, in accordance with section 49 of the Surveillance Devices Act 2007, announced receipt of the report of the NSW Ombudsman entitled “Report under Section 49(1) of the Surveillance Devices
1004VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 15 November 2016
Act 2007 for the period ended 30 June 2016”, dated October 2016 (received 14 November 2016).11 LEGISLATION REVIEW COMMITTEE
Mr Michael Johnsen, Chair, tabled the report of the Legislation Review Committee entitled “Legislation Review Digest No. 29/56”, dated 15 November 2016.
Ordered to be printed.
Mr Michael Johnsen also tabled the minutes of the committee meeting regarding Legislation Review Digest No. 28/56.
12 STATUTORY RULES AND INSTRUMENTS
The Acting Clerk tabled notices of the making of the following statutory rules and instruments published on the Legislation Website (LW) or in the Government Gazette (GG):
For the week beginning 7 November 2016 –
Forestry Act 2012—Forestry Amendment (Delegation) Regulation 2016 (LW 11 November 2016).
Greater Sydney Commission Act 2015—Greater Sydney Commission Regulation 2016 (LW 11 November 2016).
Road Transport Act 2013—Road Transport Legislation Amendment (Mobile Phones—P2 Licences) Regulation 2016 (LW 11 November 2016).
Roads Act 1993—Roads Amendment (Authorised Officers) Regulation 2016 (LW 11 November 2016).
Workers Compensation Act 1987—Workers Compensation Amendment (Death Benefits) Regulation 2016 (LW 11 November 2016).
13 SUSPENSION OF STANDING AND SESSIONAL ORDERS—INDEPENDENT COMMISSION AGAINST CORRUPTION AMENDMENT BILL
Mr Anthony Roberts moved, That standing and sessional orders be suspended to permit the introduction and passage through all stages at this sitting, of the Independent Commission Against Corruption Amendment Bill, notice of which was given this day.
Debate ensued.
Question put.
The House divided.
AYES 48
Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Ms Goward, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O'Dea, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Piccoli, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.
Tellers: Mr Bromhead and Mr Patterson.
NOES 34
1005VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 15 November 2016
Ms Aitchison, Mr Atalla, Mr Barr, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr Robertson, Ms T.F. Smith, Ms Watson and Mr Zangari.
Tellers: Mr Lalich and Mr Warren. In the Chair: Mr George.
Pair: Ms Gibbons—Ms K. Smith.
Question passed.
14 PETITIONS
(1) The Acting Clerk announced that the following members had each lodged petitions for presentation:
Mr Alex Greenwich—from certain citizens requesting that museum services be expanded around New South Wales and the Powerhouse Museum remain in Ultimo.
Ms Melanie Gibbons—from certain citizens requesting that the Legislative Assembly rejects any plans for building or operating an ICE smoking room in the South or South West Region of Sydney.
Mr Kevin Conolly—from certain citizens opposing the use of the Safe Schools Coalition program in government schools and requesting that the Government support holistic anti-bullying approaches.
Mr Alex Greenwich—from certain citizens requesting that a long-term lease be provided to the National Art School for its site, that it remains independent, and that the Government continue its funding until the Commonwealth Government agrees to fund it as an independent art institution.
Mr Alex Greenwich—from certain citizens requesting new inner city ferries.
Mr Alex Greenwich—from certain citizens requesting that the Sirius building be retained and continue to function as social housing.
Mr Alex Greenwich—from certain citizens opposing the sale of animals in pet shops.
(2) The Acting Clerk announced that the following member had lodged a petition for presentation signed by 500 or more persons:
Mr Alex Greenwich—from certain citizens opposing the sale of public housing in Millers Point, Dawes Point and The Rocks.
(3) The Acting Clerk also announced receipt of the following ministerial responses to petitions signed by 500 or more persons:
The Hon. Adrian Piccoli—lodged 12 October 2016—Requesting that a long-term lease be provided to the National Art School for its site, that it remains independent, and that the Government continue its funding until the Commonwealth Government agrees to fund it as an independent art institution—(Mr Alex Greenwich).
The Hon. Brad Hazzard—lodged 12 October 2016— Requesting that the Sirius building be retained and continue to function as social housing—(Mr Alex Greenwich).
15 PLACING OR DISPOSAL OF BUSINESS—LAPSING OF GENERAL BUSINESS
1006VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 15 November 2016
The Deputy Speaker advised the House that in accordance with standing order 105 (3), the Climate Change Bill standing in the name of the member for Newtown together with general business notices of motions (general notices) nos 1007 to 1022, 1024 to 1028, 1030 to 1032, 1034 to 1038, 1040 to 1041, 1043 to 1050, 1052 to 1055 and 1057 to 1059, had lapsed.
16 NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
(1) Mrs Melinda Pavey made a statement in support of her notice being accorded priority over the other business of the House._____________
Disorder: At 3.47 pm, the Deputy Speaker directed Ms Jodi McKay to leave the Chamber for one hour._____________
(2) Mr Luke Foley also made a statement in support of his notice being accorded priority—
That this House notes the results of the Canterbury, Orange and Wollongong by-elections are a humiliating repudiation of the Government's arrogance, incompetence and refusal to listen to the people.
Question—That the motion of the member for Oxley be accorded priority—put.
The House divided.
AYES 48
Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Ms Goward, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Piccoli, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.
Tellers: Mr Bromhead and Mr Patterson.
NOES 33
Ms Aitchison, Mr Atalla, Mr Barr, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr Robertson, Ms T.F. Smith, Ms Watson and Mr Zangari.
Tellers: Mr Lalich and Mr Warren. In the Chair: Mr George.
Pair: Ms Gibbons—Ms K. Smith.
Question passed.
17 MOTION ACCORDED PRIORITY—OPPOSITION POLICIES
Mrs Melinda Pavey moved, pursuant to notice, That this House:
(1) Notes that after 16 years in government and six years in opposition, Labor and the Leader of the Opposition still have no plans for New South Wales.
(2) Condemns the Opposition’s lack of policies including in the areas of health, education, transport,
1007VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 15 November 2016
infrastructure, regional development and small business.
(3) Supports the Government getting on with the job of rebuilding the state and investing in vital services and infrastructure right across New South Wales.
Upon which Ms Anna Watson moved, That the motion be amended by leaving out all words after “That” with a view to inserting instead:
“this House:
(1) Notes that after 16 years in opposition and six years in government, the Coalition and the Premier’s plans for New South Wales have resulted in:
(a) A 35% swing against the Coalition in Orange;(b) Swings to the Labor Party in Wollongong and Canterbury; and(c) Wide spread dissatisfaction with the Premier’s conduct in relation to forced council
amalgamations, hospital privatisations, property acquisitions, secrecy in relation to infrastructure projects like the WestConnex and, the destruction of trees and the environment across New South Wales.
(2) Calls on the Premier to start governing in the interests of New South Wales.”
Question proposed—That the words proposed to be left out stand.
Debate continued.
Question put.
The House divided.
AYES 47
Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Ms Goward, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mr Patterson, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Piccoli, Mr Provest, Mr Roberts, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.
Tellers: Mr Bromhead and Mr Johnsen.
NOES 33
Ms Aitchison, Mr Atalla, Mr Barr, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr Robertson, Ms T.F. Smith, Ms Watson and Mr Zangari.
Tellers: Mr Lalich and Mr Warren. In the Chair: Mr George.
Pairs: Ms Gibbons—Ms K. Smith.
Question passed.
Question—That the original motion be agreed to—put
The House divided.
1008VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 15 November 2016
AYES 47
Mr Anderson, Mr Aplin, Mr Ayres, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Ms Goward, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mr O’Dea, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Piccoli, Mr Provest, Mr Roberts, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.
Tellers: Mr Bromhead and Mr Patterson.
NOES 33
Ms Aitchison, Mr Atalla, Mr Barr, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Dr McDermott, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr Robertson, Ms T.F. Smith, Ms Watson and Mr Zangari.
Tellers: Mr Lalich and Mr Warren. In the Chair: Mr George.
Pair: Ms Gibbons—Ms K. Smith.
Question passed.
18 INDEPENDENT COMMISSION AGAINST CORRUPTION AMENDMENT BILL
Mr Mike Baird moved, pursuant to notice, That a bill be now introduced for an Act to amend the Independent Commission Against Corruption Act 1988 with respect to the structure, management and procedure of the Independent Commission Against Corruption; and for other purposes.
Question put and passed.
Bill introduced and read a first time.
Mr Mike Baird moved, That this bill be now read a second time.
Debate adjourned (Mr Paul Lynch) and the resumption of the debate made an order of the day for a later hour.
19 ROCK FISHING SAFETY BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr David Elliott, That this bill be now read a second time.
Question again proposed and debate resumed.
Ms Yasmin Catley obtained an extension of time.
Debate continued.
Question put and passed.
Bill read a second time.
Mr Guy Zangari having requested the bill be considered in detail—
1009VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 15 November 2016
_____________
The Temporary Speaker (Mrs Melinda Pavey), by leave, proposed the bill in groups of clauses and schedules.
1010VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 15 November 2016
Clauses 1 to 10
Question—That the clauses be agreed to—put and passed.
Schedule 1
Question proposed—That the schedule be agreed to.
Mr Guy Zangari moved, by leave together:
No. 1 Appropriate lifejackets
Page 5, proposed Schedule 1, clause 3 (1) (a), line 37. Insert “or complies with US Coast Guard Approval Number 160.064” after “that lifejacket”.
No. 2 Appropriate lifejackets
Page 5, proposed Schedule 1, clause 3 (1) (b), line 41. Insert “or complies with US Coast Guard Approval Number 160.064” after “that lifejacket”.
Question proposed—That the amendments be agreed to.
Debate ensued.
Question put.
The House divided.
AYES 31
Ms Aitchison, Mr Atalla, Mr Barr, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Ms Doyle, Ms Finn, Mr Foley, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Mr Lynch, Dr McDermott, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr Robertson, Ms T.F. Smith, Ms Watson and Mr Zangari.
Tellers: Mr Lalich and Mr Warren.
NOES 42
Mr Anderson, Mr Aplin, Mr Barilaro, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Mr George, Ms Goward, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr O’Dea, Ms Petinos, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.
Tellers: Mr Bromhead and Mr Patterson. In the Chair: Mrs Pavey.
Pairs: Mr Dib—Mr Baird and Ms K. Smith—Ms Gibbons.
Question negatived—amendments not agreed to.
Question—That the schedule be agreed to—put and passed._____________
Mr David Elliott moved, That this bill be now read a third time.
1011VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 15 November 2016
Question put and passed.Bill read a third time.
20 FISHERIES MANAGEMENT AMENDMENT (SHARK MANAGEMENT TRIALS) BILL
The order of the day was read.
Mr Adam Marshall, on behalf of Mr Anthony Roberts, moved, That this bill be now read a second time.
Debate ensued.
Question put and passed.
Bill read a second time.
Mr Adam Marshall moved, That this bill be now read a third time.
Question put and passed.
Bill read a third time.
21 INDEPENDENT COMMISSION AGAINST CORRUPTION AMENDMENT BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Mike Baird, That this bill be now read a second time.
Question again proposed and debate resumed.
Mr Ray Williams, Ms Tania Mihailuk and Mr Ron Hoenig obtained extensions of time.
Debate continued.
Question put.
The House divided.
AYES 46
Mr Anderson, Mr Aplin, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Ms Goward, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Piccoli, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.
Tellers: Mr Bromhead and Mr Patterson.
NOES 33
Ms Aitchison, Mr Atalla, Mr Barr, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr Robertson, Ms T.F. Smith, Ms Watson and Mr Zangari.
Tellers: Mr Lalich and Mr Warren. In the Chair: Mr George.
1012VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 15 November 2016
Pairs: Ms Gibbons—Dr McDermott and Mr Grant—Ms K. Smith.
Question passed.
Bill read a second time.
Mr Paul Lynch having requested the bill be considered in detail—_____________
The Deputy Speaker, by leave, proposed the bill in groups of clauses and schedules.
Clauses 1 and 2
Question—That the clauses be agreed to—put and passed.
Schedules 1 to 3
Question proposed—That the schedules be agreed to.
Mr Paul Lynch moved:
No. 1 Appointment of Commissioners (other than Chief Commissioner)
Page 3, Schedule 1 [4], lines 40 and 41. Omit all words on those lines. Insert instead:
(2) The 2 other Commissioners may only be appointed with the concurrence of the Chief Commissioner.
Question proposed—That the amendment be agreed to.
Debate ensued.
Question put.
The House divided.
AYES 33
Ms Aitchison, Mr Atalla, Mr Barr, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr Robertson, Ms T.F. Smith, Ms Watson and Mr Zangari.
Tellers: Mr Lalich and Mr Warren.
NOES 46
Mr Anderson, Mr Aplin, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Ms Goward, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Piccoli, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.
Tellers: Mr Bromhead and Mr Patterson. In the Chair: Mr George.
1013VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 15 November 2016
Pairs: Dr McDermott—Mr Grant and Ms K. Smith—Mr O’Dea.
Question negatived—amendment not agreed to.Question proposed—That the schedules be agreed to.
Mr Paul Lynch moved, by leave together:
No. 2 Commissioner to become Chief Commissioner
Page 10, Schedule 1 [20]. Insert after line 22:
41 The Commissioner to become Chief Commissioner
The person holding the office of the former Commissioner immediately before the substitution of Part 2 of this Act by the amending Act is taken, on that substitution, to have been appointed as Chief Commissioner for the balance of the person’s term of office as the former Commissioner.
No. 3 Commissioner to become Chief Commissioner
Page 12, Schedule 2 [6], lines 28-32. Omit all words on those lines.
Question proposed—That the amendments be agreed to.
Debate ensued.
Question put.
The House divided.
AYES 33
Ms Aitchison, Mr Atalla, Mr Barr, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr Robertson, Ms T.F. Smith, Ms Watson and Mr Zangari.
Tellers: Mr Lalich and Mr Warren.
NOES 46
Mr Anderson, Mr Aplin, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Ms Goward, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Piccoli, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.
Tellers: Mr Bromhead and Mr Patterson. In the Chair: Mr George.
Pairs: Dr McDermott—Ms Gibbons and Ms K. Smith—Mr Grant.
Question negatived—amendments not agreed to.
Question—That the schedules be agreed to—put and passed.
1014VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 15 November 2016
_____________
Mr Mike Baird moved, That this bill be now read a third time.
Question put.
The House divided.
AYES 46
Mr Anderson, Mr Aplin, Mr Baird, Mr Barilaro, Ms Berejiklian, Mr Brookes, Mr Conolly, Mr Constance, Mr Coure, Mr Crouch, Mr Dominello, Mr Elliott, Mr Evans, Mr Fraser, Ms Goward, Mr Gulaptis, Mr Hazzard, Mr Henskens, Ms Hodgkinson, Mr Humphries, Mr Johnsen, Mr Kean, Dr Lee, Mr Maguire, Mr Marshall, Mr Notley-Smith, Mrs Pavey, Mr Perrottet, Ms Petinos, Mr Piccoli, Mr Provest, Mr Roberts, Mr Rowell, Mr Sidoti, Mrs Skinner, Mr Speakman, Mr Stokes, Mr Taylor, Mr Toole, Mr Tudehope, Ms Upton, Mr Ward, Mr Williams and Mrs Williams.
Tellers: Mr Bromhead and Mr Patterson.
NOES 33
Ms Aitchison, Mr Atalla, Mr Barr, Ms Catley, Mr Chanthivong, Mr Crakanthorp, Mr Daley, Mr Dib, Ms Doyle, Ms Finn, Mr Foley, Mr Greenwich, Mr Harris, Ms Harrison, Ms Haylen, Mr Hoenig, Ms Hornery, Mr Kamper, Ms Leong, Mr Lynch, Ms McKay, Mr Mehan, Ms Mihailuk, Mr Minns, Mr Park, Mr Parker, Mr Piper, Mr Robertson, Ms T.F. Smith, Ms Watson and Mr Zangari.
Tellers: Mr Lalich and Mr Warren. In the Chair: Mr George.
Pairs: Ms Gibbons—Dr McDermott and Mr O’Dea—Ms K. Smith.
Question passed.
Bill read a third time.
22 REPORT OF THE LEGISLATION REVIEW COMMITTEE ENTITLED “LEGISLATION REVIEW DIGEST NO. 29/56”, DATED 15 NOVEMBER 2016
Question proposed—That the House take note of the report.
Debate ensued.
Question put and passed._____________
Matter of public importance proceeded with._____________
23 MATTER OF PUBLIC IMPORTANCE—WHITE RIBBON DAY
The Speaker previously informed the House of receipt from Ms Jenny Aitchison of a notice of a matter of public importance, namely:
White Ribbon Day.
Discussion ensued and concluded.
1015VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Tuesday 15 November 2016
24 COMMUNITY RECOGNITION STATEMENTS
25 ADJOURNMENT
The House adjourned, pursuant to the resolution of the House, at 10.38 pm, until tomorrow, at 10.00 am.Attendance: All members present except Mrs Tanya Davies (granted leave), Ms Melanie Gibbons and Ms Kathy Smith.
HELEN MINNICAN SHELLEY HANCOCKActing Clerk of the Legislative Assembly Speaker
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Authorised by the Parliament of New South Wales