inotes1.parliament.vic.gov.au · Web viewLEGISLATIVE COUNCIL. MINUTES OF THE PROCEEDINGS. No. s. 47, 48. and . 49. No. 47 — Tuesday, 24. November 2015. 1The President took the Chair

LEGISLATIVE COUNCILMINUTES OF THE PROCEEDINGS

Nos. 47, 48 and 49

No. 47 — Tuesday, 24 November 20151 The President took the Chair and read the Prayer.2 ASSENT TO ACTS — The President read a Message from the Governor informing the

Council that she had, on 18 November 2015, given the Royal Assent to the following Acts presented to her by the Clerk of the Parliaments:

Children, Youth and Families Amendment (Aboriginal Principal Officers) Act 2015Gambling Legislation Amendment Act 2015Justice Legislation Amendment (Police Custody Officers) Act 2015Prevention of Cruelty to Animals Amendment Act 2015Victorian Energy Efficiency Target Amendment (Saving Energy, Growing Jobs) Act 2015Wrongs Amendment Act 2015.

3 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.

* * * * *QUESTIONS DIRECTED FOR WRITTEN RESPONSE — The President directed written

responses be provided to questions without notice pursuant to Sessional Order 5 as follows: Cobaw State Forest — supplementary question asked by Ms Wooldridge — response

from Mr Jennings due Thursday, 26 November 2015. Minister Somyurek Investigation costs — supplementary question asked by

Ms Wooldridge — response from Mr Jennings due Wednesday, 25 November 2015. TAFE staff levels moratorium — substantive question asked by Ms Bath — response

from Mr Herbert due Wednesday, 25 November 2015. Chartered flight information — substantive question asked by Mr Finn — response

from Ms Pulford due Wednesday, 25 November 2015. Fire Services Review Report — substantive question asked by Ms Hartland —

response from Mr Jennings due Thursday, 26 November 2015.4 CONSTITUENCY QUESTIONS — Constituency questions were taken pursuant to Sessional

Order 4.5 PETITIONS —

COMMERCIAL HARVESTING IN PORT PHILLIP BAY — Mr Barber presented a Petition bearing 6,635 signatures from certain citizens of Victoria requesting that the Legislative Council reject any Bill that prohibits commercial harvesting of fish and seafood from Port Phillip Bay.

Ordered to lie on the Table.On the motion of Mr Barber, the petition was ordered to be taken into consideration on the

next day of meeting.

246 Legislative Council of Victoria

RATE CAPPING — Ms Patten presented a Petition bearing 1,289 signatures from certain citizens of Victoria requesting that the Legislative Council refuse legislation or regulation that aims to impose a rate cap on Victorian local government.

Ordered to lie on the Table.On the motion of Ms Patten, the petition was ordered to be taken into consideration on the

next day of meeting.6 PAPERS —

SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — ALERT DIGEST — Mr Dalla-Riva presented Alert Digest No. 15 of 2015 (including Appendices) from the Scrutiny of Acts and Regulations Committee.

Ordered to lie on the Table and to be published.* * * * *

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 Report on the Annual Financial Report of the State of Victoria, 2014-15, November 2015 (Ordered to be Published).

National Health Funding Pool — Report 2014-15.Planning and Environment Act 1987 — Notices of Approval of the following amendments

to planning schemes —Banyule Planning Scheme — Amendment C73.Campaspe, Gannawarra, Greater Bendigo, Greater Shepparton, Loddon, Moira and

Swan Hill Planning Schemes — Amendment GC35.Gannawarra Planning Scheme — Amendment C30.Glen Eira Planning Scheme — Amendments C141 and C142.Horsham Planning Scheme — Amendment C63.Melbourne Planning Scheme — Amendment C266.Moorabool Planning Scheme — Amendment C65.Moreland Planning Scheme — Amendment C71.Port Phillip Planning Scheme — Amendment C97.South Gippsland Planning Scheme — Amendment C105.Stonnington Planning Scheme — Amendment C177.Strathbogie Planning Scheme — Amendment C32.Surf Coast Planning Scheme — Amendment C109.Whitehorse Planning Scheme — Amendments C130 and C174.Yarra Planning Scheme — Amendment C133.

Statutory Rule under the Tobacco Act 1987 — No. 128.Subordinate Legislation Act 1994 —

Documents under section 15 in respect of Statutory Rule Nos. 124, 126, 129, 130 and 134.

A Legislative Instrument and related documents under section 16B in respect of Driver Accreditation Application, Test, Course and Renewal Requirements dated 23 June 2015, under the Transport (Compliance and Miscellaneous) Act 1983.

Victorian Industry Participation Policy — Report 2014-15.* * * * *

PROCLAMATIONS — Proclamations of the Governor in Council fixing operative dates in respect of the following Acts were laid on the Table by the Clerk:

Firearms Amendment (Trafficking and Other Measures) Act 2015 — 1 December 2015 (Gazette No. S349, 18 November 2015).

Local Government Amendment (Improved Governance) Act 2015 — Part 1 and sections 6, 7, 9, 11, 64, 65, 77, 90 and 91 — 18 November 2015 (Gazette No. S349, 18 November 2015).

7 PRODUCTION OF DOCUMENTS — PETER MAC PRIVATE HOSPITAL — The Clerk laid on the Table 31 documents received in response to the Resolution of the Council of 5 August 2015 relating to the Peter Mac Private Hospital.

Minutes of the Proceedings 247

The Clerk also laid on the Table a letter from the Attorney-General dated 24 November 2015 — referring to the Government’s process for assessing whether the release of documents

is prejudicial to the public interest; and stating that Executive privilege was claimed in full in relation to 12 documents and

claimed in part in relation to 10 documents.8 BUSINESS OF THE COUNCIL — Ms Wooldridge moved, by leave, That precedence be given

to the following General Business on Wednesday, 25 November 2015:(1) Notice of Motion No. 184 standing in the name of Ms Wooldridge relating to the

Government’s failure to comply with the order for the production of documents regarding Peter Mac Private Hospital;

(2) Notice of Motion given this day by Ms Wooldridge relating to the Government’s performance in its first year of office;

(3) Notice of Motion No. 182 standing in the name of Mr Barber referring a matter to the Ombudsman for investigation and report; and

(4) Notice of Motion No. 153 standing in the name of Mr Davis requesting the Legislative Assembly grant leave for the Minister for Energy to appear before the Environment and Planning Committee.

Question — put and agreed to.

9 MINISTERS’ STATEMENTS — Statements were made by Ministers pursuant to Sessional Order 2.

10 MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing Order 5.13.

11 MESSAGE FROM ASSEMBLY — ADDRESS BY MS ROSIE BATTY — The Acting President read a Message from the Assembly acquainting the Council that they have agreed to the following resolution:(1) the Legislative Assembly invites Members of the Legislative Council to attend in the

Legislative Assembly Chamber on Thursday, 26 November 2015 at 10.30 am to hear an address by Ms Rosie Batty;

(2) the lower public gallery on the non-Government side of the House is taken to be part of the Legislative Assembly Chamber for the duration of the address to provide additional seating for Members of the Legislative Council; and

(3) the Speaker of the Legislative Assembly will chair the address, and the conduct of proceedings will be in accordance with the standing and sessional orders of the Legislative Assembly.

12 PRODUCTION OF DOCUMENTS — DEPARTMENT OF ECONOMIC DEVELOPMENT, JOBS, TRANSPORT AND RESOURCES — The Clerk laid on the Table a letter from the Attorney-General, dated 24 November 2015, together with 58 documents in accordance with the Resolution of the Council of 19 August 2015 relating to documents provided to the Department of Economic Development, Jobs, Transport and Resources pursuant to —(1) Contract 338524 with The Boston Consulting Group Pty Ltd; and(2) Contract 335886 with KPMG.

13 BUSINESS POSTPONED — Ordered — That the consideration of Notices of Motion, Government Business, Nos. 25 to 165 be postponed until later this day.

14 STATE TAXATION ACTS FURTHER AMENDMENT 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.Bill returned to the Assembly with a Message informing them that the Council have agreed to

the Bill without amendment.


15 FISHERIES 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 Drum were circulated.Debate continued.Question — put.The Council divided — The President in the Chair.

AYES, 33Mr Atkinson; Ms Bath; Mr Bourman; Dr Carling-Jenkins; Ms Crozier; Mr Dalidakis; Mr Dalla-Riva; Mr Davis; Mr Eideh; Mr Elasmar; Mr Finn; Ms Fitzherbert; Mr Herbert; Mr Jennings; Mr Leane; Ms Lovell; Mr Melhem; Ms Mikakos; Mr Morris; Mr Mulino; Mr O’Donohue; Mr Ondarchie; Mrs Peulich; Ms Pulford; Mr Purcell; Mr Ramsay; Mr Rich-Phillips; Ms Shing; Mr Somyurek; Ms Symes; Ms Tierney; Ms Wooldridge; Mr Young.(Tellers: Ms Crozier and Mr Young)

NOES, 6Mr Barber; Ms Dunn; Ms Hartland; Ms Patten; Ms Pennicuik; Ms Springle.(Tellers: Ms Dunn and Ms Patten)

Question agreed to.Bill read a second time.Mr Barber moved, That the Fisheries Amendment Bill 2015 be referred to the Economy and

Infrastructure Committee for inquiry, consideration and report by 23 February 2016.Debate ensued.Question — put.The Council divided — The President in the Chair.

AYES, 6Mr Barber; Ms Dunn; Ms Hartland; Ms Patten, Ms Pennicuik; Ms Springle.(Tellers: Ms Springle and Ms Hartland)

NOES, 33Mr Atkinson; Ms Bath; Mr Bourman; Dr Carling-Jenkins; Ms Crozier; Mr Dalidakis; Mr Dalla-Riva; Mr Davis; Mr Eideh; Mr Elasmar; Mr Finn; Ms Fitzherbert; Mr Herbert; Mr Jennings; Mr Leane; Ms Lovell; Mr Melhem; Ms Mikakos; Mr Morris; Mr Mulino; Mr O’Donohue; Mr Ondarchie; Mrs Peulich; Ms Pulford; Mr Purcell; Mr Ramsay; Mr Rich-Phillips; Ms Shing; Mr Somyurek; Ms Symes; Ms Tierney; Ms Wooldridge; Mr Young.(Tellers: Mr Morris and Mr Elasmar)

Question negatived.Bill committed to a Committee of the whole.House in Committee.Bill reported without 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 without amendment.16 PUBLIC HEALTH AND WELLBEING AMENDMENT (SAFE ACCESS ZONES) BILL 2015 —

Debate resumed on the question, That the Bill be now read a second time.Business having been interrupted at 10.00 p.m. pursuant to Standing Orders —

Ms Mikakos declared, That the sitting be extended by up to one hour pursuant to Standing Order 4.08.

Debate continued.Amendments proposed to be moved in Committee by Mr Finn were circulated.Debate continued.Amendments proposed to be moved in Committee by Mr Dalla-Riva were circulated.


Debate continued.

Business having been interrupted at the conclusion of the declared extension pursuant to Standing Orders —

Ms Mikakos declared, That the sitting be extended by up to one further hour pursuant to Standing Order 4.08.

Debate continued.Question — put.The Council divided — The President in the Chair.

AYES, 31Mr Atkinson; Mr Barber; Ms Bath; Ms Crozier; Mr Dalidakis; Mr Davis; Ms Dunn; Mr Eideh; Mr Elasmar; Ms Fitzherbert; Ms Hartland; Mr Herbert; Mr Jennings; Mr Leane; Ms Lovell; Mr Melhem; Ms Mikakos; Mr Morris; Mr Mulino; Mr O’Donohue; Mr Ondarchie; Ms Patten; Ms Pennicuik; Ms Pulford; Mr Ramsay; Ms Shing; Mr Somyurek; Ms Springle; Ms Symes; Ms Tierney; Ms Wooldridge.(Tellers: Ms Springle and Mr Mulino)

NOES, 8Mr Bourman; Dr Carling-Jenkins; Mr Dalla-Riva; Mr Finn; Mrs Peulich; Mr Purcell; Mr Rich-Phillips; Mr Young.(Tellers: Mr Dalla-Riva and Mr Young)

Question agreed to.Bill read a second time and committed to a Committee of the whole.House in Committee.And the Council having continued to sit after 12 midnight —

WEDNESDAY, 25 NOVEMBER 2015Business having been interrupted at the conclusion of the declared extension pursuant to

Standing Orders —

Mr Jennings moved, That the sitting be extended.Question — put.The Council divided — The President in the Chair.

AYES, 21Mr Atkinson; Mr Barber; Mr Dalidakis; Ms Dunn; Mr Eideh; Mr Elasmar; Ms Hartland; Mr Herbert; Mr Jennings; Mr Leane; Mr Melhem; Ms Mikakos; Mr Mulino; Ms Patten; Ms Pennicuik; Ms Pulford; Mr Purcell; Ms Shing; Mr Somyurek; Ms Springle; Ms Tierney.(Tellers: Mr Purcell and Mr Somyurek)

NOES, 17Ms Crozier; Ms Bath; Mr Bourman; Dr Carling-Jenkins; Mr Dalla-Riva; Mr Davis; Mr Finn; Ms Fitzherbert; Ms Lovell; Mr Morris; Mr O’Donohue; Mr Ondarchie; Mrs Peulich; Mr Ramsay; Mr Rich-Phillips; Ms Wooldridge, Mr Young.(Tellers: Mr Bourman and Mr Ondarchie)

Question agreed to.

Bill further considered in the Committee of the whole.House in Committee.Progress reported and Bill ordered to be further considered in Committee of the whole on the

next day of meeting.

17 PAPER — QUARTERLY FINANCIAL REPORT — Pursuant to section 27D(6)(c) of the Financial Management Act 1994, the Clerk laid on the Table a copy of the Budget Sector Quarterly Financial Report No. 1 for the period ended 30 September 2015.


18 ADJOURNMENT — Mr Jennings moved, That the House do now adjourn.Debate ensued and responses to certain Adjournment matters were circulated pursuant to

Standing Order 4.12.And then the Council, at 4.11 a.m., adjourned until later this day.

ANDREW YOUNGClerk of the Legislative Council

No. 48 — Wednesday, 25 November 20151 The President took the Chair and read the Prayer.

2 PETITIONS — COMMERCIAL HARVESTING IN PORT PHILLIP BAY — Mr Barber presented a Petition

bearing 967 signatures from certain citizens of Victoria requesting that the Legislative Council reject any Bill that prohibits commercial harvesting of fish and seafood from Port Phillip Bay.

Ordered to lie on the Table.On the motion of Mr Barber, the petition was ordered to be taken into consideration on the

next day of meeting.* * * * *

FAWKNER PARK — Mr Davis presented a Petition bearing 23 signatures from certain citizens of Victoria requesting that the Legislative Council urge the Andrews Labor Government to reverse its decision to use Fawkner Park as a spoil dump and staging point for heavy machinery for tunnelling of the Melbourne Metro Rail Project and in particular to further guarantee there will be no trees removed or restrictions to public access.

Ordered to lie on the Table.

3 PAPERS —HAZELWOOD MINE FIRE INQUIRY IMPLEMENTATION MONITOR REPORT, 2014-15 —

Mr Jennings moved, by leave, That there be laid before this House a copy of Hazlewood Mine Fire Inquiry Implementation Monitor Report, 2014-15.

Question — put and agreed to.The Report was presented by Mr Jennings and ordered to lie on the Table and to be

published.* * * * *

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 Report on Local Government: 2014-15 Audit Snapshot, November 2015 (Ordered to be published).

Economic Development, Jobs, Transport and Resources Department — Minister’s report of failure to submit 2014-15 report to the Minister within the prescribed period and the Report, 2014-15.

Ombudsman — Investigation of a protected disclosure complaint regarding allegations of improper conduct by councillors associated with political donations, November 2015 (Ordered to be published).

Statutory Rules under the following Acts of Parliament —Building Act 1993 — No. 134.Charities Act 1978 — No. 131.City of Melbourne Act 2001 — No. 133.County Court Act 1958 — Nos. 129 and 130.Food Act 1984 — Nos. 132.Road Safety Act 1986 — No. 135.

Subordinate Legislation Act 1994 — A Legislative Instrument and related documents under section 16B in respect of Ministerial Direction No. 145 — Special Religious Instruction in Government Schools, dated 9 November 2015, under the Education and Training Reform Act 2006.


Taxi Services Commission — Minister’s report of failure to submit 2014-15 report to the Minister within the prescribed period and the Report, 2014-15.

Victorian Civil and Administrative Tribunal — Report, 2014-15On the motion on Mr Davis, the Minister’s report of failure to submit the 2014-15 report of the

Department of Economic Development, Jobs, Transport and Resources to the Minister within the prescribed period was ordered to be taken into consideration on the next day of meeting.

4 MINISTERS’ STATEMENTS — Statements were made by Ministers pursuant to Sessional Order 2.

5 MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing Order 5.13.

6 BUSINESS POSTPONED — Ordered — That Notice of Motion, General Business, No. 184 be postponed until later this day.

7 ANDREWS GOVERNMENT FIRST YEAR IN OFFICE — Ms Wooldridge moved, That this House condemns the Andrews Labor Government on its first year in office, a year of putting politics before people and failing Victorian families as a result of economic mismanagement, infrastructure projects cancelled or stalled, service delivery failing, increased burdens on business, election commitments broken, factional fighting and inappropriate union influence.

Debate ensued.Business having been interrupted at 12 noon pursuant to Sessional Orders —

8 QUESTIONS — Questions without notice were taken pursuant to Sessional Order 3.CHARTERED FLIGHT INFORMATION — Ms Pulford having given answers to a question

without notice and supplementary question relating to chartered flight information —On the motion of Mr Rich-Phillips, the Minister’s answers were ordered to be taken into

consideration on the next day of meeting.QUESTIONS — Questions without notice continued.CONTRACT STAFF REDUCTIONS IN TAFE — Mr Herbert having given answers to a

question without notice and supplementary question relating to contract staff reductions in TAFE —

On the motion of Mrs Peulich, the Minister’s answers were ordered to be taken into consideration on the next day of meeting.QUESTIONS — Questions without notice continued and Answers to certain questions on

notice were circulated pursuant to Standing Order 8.10.* * * * *

QUESTIONS DIRECTED FOR WRITTEN RESPONSE — The President directed written responses be provided to questions without notice pursuant to Sessional Order 5 as follows: Warrnambool rail services — supplementary question asked by Mr Purcell —

response from Ms Pulford due Tuesday, 8 December 2015. Therapeutic counselling for children in care — supplementary question asked by

Ms Springle — response from Ms Mikakos due Thursday, 26 November 2015. Former Ministerial staff payout — supplementary question asked by Ms Wooldridge —

response from Mr Jennings due Tuesday, 8 December 2015. Ministerial staff employment — substantive and supplementary questions asked by

Ms Lovell — response from Mr Jennings due Tuesday, 8 December 2015. East West Link bond arrangement fees — substantive and supplementary questions

asked by Ms Fitzherbert — response from Mr Jennings due Tuesday, 8 December 2015. VicForest contracts — substantive question asked by Mr Drum — response from

Ms Pulford due Thursday, 26 November 2015.9 CONSTITUENCY QUESTIONS — Constituency questions were taken pursuant to Sessional

Order 4.


10 ANDREWS GOVERNMENT FIRST YEAR IN OFFICE — Debate continued on the question, That this House condemns the Andrews Labor Government on its first year in office, a year of putting politics before people and failing Victorian families as a result of economic mismanagement, infrastructure projects cancelled or stalled, service delivery failing, increased burdens on business, election commitments broken, factional fighting and inappropriate union influence.

Mr Finn moved, That the debate be adjourned until later this day.Question — put and agreed to.

11 REFERRAL TO OMBUDSMAN — ALLEGATIONS OF MISUSE OF MEMBERS’ STAFF BUDGET ENTITLEMENTS — Mr Barber moved, That, pursuant to section 16 of the Ombudsman Act 1973, this House refers the following matter to the Ombudsman for investigation and report:(1) allegations that ALP Members of the Victorian Parliament misused Members’ staff

budget entitlements, against the provisions of the Parliament of Victoria Members Guide, that is, "Electorate Officers are employees of the Parliament of Victoria, and are directly accountable to the Member in whose electorate office they work…These positions are provided to support the Member in their parliamentary and electorate duties. The Parliament does not fund positions to support the Member's political or party duties"; and

(2) any other breach of applicable policies, laws or codes in relation to these allegations.Debate ensued.Question — put.The Council divided — The President in the Chair.

AYES, 22Mr Atkinson; Mr Barber; Ms Bath; Dr Carling-Jenkins; Ms Crozier; Mr Dalla-Riva; Mr Davis; Mr Drum; Ms Dunn; Mr Finn; Ms Fitzherbert; Ms Hartland; Ms Lovell; Mr Morris; Mr O’Donohue; Mr Ondarchie; Ms Pennicuik; Mrs Peulich; Mr Ramsay; Mr Rich-Phillips; Ms Springle; Ms Wooldridge.(Tellers: Ms Bath and Mr O’Donohue)

NOES, 18Mr Bourman; Mr Dalidakis; Mr Eideh; Mr Elasmar; Mr Herbert; Mr Jennings; Mr Leane; Mr Melhem; Ms Mikakos; Mr Mulino; Ms Patten; Ms Pulford; Mr Purcell; Ms Shing; Mr Somyurek; Ms Symes; Ms Tierney; Mr Young.(Tellers: Mr Bourman and Mr Eideh)

Question agreed to.

12 ENVIRONMENT AND PLANNING COMMITTEE INQUIRY INTO ONSHORE UNCONVENTIONAL GAS — MINISTER TO APPEAR BEFORE COMMITTEE — Mr Davis moved, That this House requests that the Legislative Assembly grant leave to the Minister for Energy and Resources, the Hon. Lily D’Ambrosio, MP, to appear before the Legislative Council Standing Committee on the Environment and Planning to give evidence and answer questions in relation to the Committee’s inquiry into unconventional gas.

Debate ensued.Question — put.The Council divided — The President in the Chair.

AYES, 26Mr Atkinson; Mr Barber; Ms Bath; Mr Bourman; Dr Carling-Jenkins; Ms Crozier; Mr Dalla-Riva; Mr Davis; Mr Drum; Ms Dunn; Mr Finn; Ms Fitzherbert; Ms Hartland; Ms Lovell; Mr Morris; Mr O’Donohue; Mr Ondarchie; Ms Patten; Ms Pennicuik; Mrs Peulich; Mr Purcell; Mr Ramsay; Mr Rich-Phillips; Ms Springle; Ms Wooldridge; Mr Young.(Tellers: Mr Morris and Ms Springle)


NOES, 14Mr Dalidakis; Mr Eideh; Mr Elasmar; Mr Herbert; Mr Jennings; Mr Leane; Mr Melhem; Ms Mikakos; Mr Mulino; Ms Pulford; Ms Shing; Mr Somyurek; Ms Symes; Ms Tierney.(Tellers: Mr Mulino and Ms Shing)

Question agreed to.13 ANDREWS GOVERNMENT FIRST YEAR IN OFFICE — Debate resumed on the question,

That this House condemns the Andrews Labor Government on its first year in office, a year of putting politics before people and failing Victorian families as a result of economic mismanagement, infrastructure projects cancelled or stalled, service delivery failing, increased burdens on business, election commitments broken, factional fighting and inappropriate union influence.

Business having been interrupted at 5.00 p.m. pursuant to Standing Orders, the debate stood adjourned in the name of Mr Finn.

14 STATEMENTS ON REPORTS AND PAPERS — Statements on reports and papers were made by Members pursuant to Standing Order 9.10.

15 ADJOURNMENT — Mr Dalidakis 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 6.30 p.m., adjourned until tomorrow.


No. 49 — Thursday, 26 November 20151 The President took the Chair and read the Prayer.

2 PETITION — REJECT AMENDMENT C153 — Mr Leane presented a Petition bearing 2,250 signatures from certain citizens of Victoria requesting that the Legislative Council call on the Minister for Planning to reject Amendment C153 and the proposed planning permit.

Ordered to lie on the Table.

3 PAPERS — PAPERS PURSUANT TO STATUTE — The following Papers, pursuant to the directions of several Acts of Parliament, were laid on the Table by the Clerk:

Linking Melbourne Authority — Minister’s report of failure to submit 2014-15 report to the Minister within the prescribed period and the Report, 2014-15.

Office of the National Rail Safety Regulator — Report, 2014-15.4 MINISTERS’ STATEMENTS — Statements were made by Ministers pursuant to Sessional

Order 2.5 MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing

Order 5.13.6 SITTING OF THE COUNCIL — Mr Jennings moved, That the Council, at its rising, adjourn

until Tuesday, 8 December 2015.Question — put and agreed to.

7 SITTING OF THE COUNCIL — Mr Jennings moved, by leave, That Standing Orders 4.01 and 5.02 be suspended to the extent necessary to enable the sitting of the Council on Tuesday, 8 December 2015 to commence at 11.00 a.m. and the order of business on that day will be — (1) Messages;(2) Formal business; (3) Minister’s statements (up to 5 Ministers);(4) Members’ statements (up to 15 members);(5) Government Business;


(6) At 2.00 pm Questions;(7) Answers to Questions;(8) Constituency questions;(9) Government Business (continues); (10) Adjournment (up to 20 Members).

Question — put and agreed to.8 BUSINESS POSTPONED — Ordered — That the consideration of Notices of Motion,

Government Business, Nos. 25 to 200 be postponed until later this day.9 CHILD WELLBEING AND SAFETY AMENDMENT (CHILD SAFE STANDARDS) 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 —

10 QUESTIONS — Questions without notice were taken pursuant to Sessional Order 3.MULTICULTURAL BUSINESS MINISTERIAL COUNCIL — Mr Dalidakis having given

answers to a question without notice and supplementary question relating to the Multicultural Business Ministerial Council —

On the motion of Mrs Peulich, the Minister’s answers were ordered to be taken into consideration on the next day of meeting.

QUESTIONS — Questions without notice continued and Answers to certain questions on notice were circulated pursuant to Standing Order 8.10.

* * * * *QUESTIONS DIRECTED FOR WRITTEN RESPONSE — The President directed written

responses be provided to questions without notice pursuant to Sessional Order 5 as follows: Melbourne Youth Justice Centre — substantive and supplementary questions asked

by Ms Crozier — response from Ms Mikakos due Tuesday, 8 December 2015. Major Projects Victoria Annual Report— substantive and supplementary questions

asked by Dr Carling-Jenkins — response from Ms Mikakos due Wednesday, 9 December 2015.

11 CONSTITUENCY QUESTIONS — Constituency questions were taken pursuant to Sessional Order 4.

12 CHILD WELLBEING AND SAFETY AMENDMENT (CHILD SAFE STANDARDS) BILL 2015 — Debate continued on the question, That the Bill be now read a second time.

Question — put and agreed to.Bill read a second time and committed to a Committee of the whole.House in Committee.Bill reported without 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 without amendment.13 LOCAL GOVERNMENT AMENDMENT (FAIR GO RATES) BILL 2015 — 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, 32Mr Atkinson; Ms Bath; Mr Bourman; Ms Crozier; Mr Dalidakis; Mr Dalla-Riva; Mr Davis; Mr Drum; Mr Eideh; Mr Elasmar; Mr Finn; Ms Fitzherbert; Mr Herbert; Mr Jennings; Mr Leane; Ms Lovell; Mr Melhem; Ms Mikakos; Mr Morris; Mr O’Donohue; Mr Ondarchie; Mrs Peulich; Ms Pulford; Mr Purcell; Mr Ramsay; Mr Rich-Phillips; Ms Shing; Mr Somyurek; Ms Symes; Ms Tierney; Ms Wooldridge; Mr Young.(Tellers: Mr Drum and Mr Purcell)


NOES, 7Mr Barber; Dr Carling-Jenkins; Ms Dunn; Ms Hartland; Ms Patten; Ms Pennicuik; Ms Springle.(Tellers: Ms Hartland and Ms Patten)

Question agreed to.Bill read a second time and committed to a Committee of the whole.House in Committee.Bill reported without amendment, the Report was adopted.Mr Dalidakis moved, That the Bill be now read a third time.Question — That the Bill be now read a third time and do pass — put.The Council divided — The President in the Chair.

AYES, 32Mr Atkinson; Ms Bath; Mr Bourman; Ms Crozier; Mr Dalidakis; Mr Dalla-Riva; Mr Davis; Mr Drum; Mr Eideh; Mr Elasmar; Mr Finn; Ms Fitzherbert; Mr Herbert; Mr Jennings; Mr Leane; Ms Lovell; Mr Melhem; Ms Mikakos; Mr Morris; Mr O’Donohue; Mr Ondarchie; Mrs Peulich; Ms Pulford; Mr Purcell; Mr Ramsay; Mr Rich-Phillips; Ms Shing; Mr Somyurek; Ms Symes; Ms Tierney; Ms Wooldridge; Mr Young.(Tellers: Mr Rich-Phillips and Ms Shing)

NOES, 7Mr Barber; Dr Carling-Jenkins; Ms Dunn; Ms Hartland; Ms Patten; Ms Pennicuik; Ms Springle.(Tellers: Dr Carling-Jenkins and Ms Dunn)

Question agreed to.Bill 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.

14 SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — The President read a letter from Ms Kealy resigning from the Scrutiny of Acts and Regulations Committee, effective from 26 November 2015.

Mr Jennings moved, by leave, That Ms Bath be a member of the Scrutiny of Acts and Regulations Committee.

Question — put and agreed to.

15 DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT BILL 2015 — The Acting President read a Message from the Assembly presenting A Bill for an Act to amend the Drugs, Poisons and Controlled Substances Act 1981 to provide for further offences in relation to drugs of dependence, to consequentially amend the Confiscation Act 1997 and other 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 O’Donohue), the debate was adjourned for one week.

16 EDUCATION LEGISLATION AMENDMENT (TAFE AND UNIVERSITY GOVERNANCE REFORM) BILL 2015 — The Acting President read a Message from the Assembly presenting A Bill for an Act to amend the Education and Training Reform Act 2006 in relation to the constitution of boards of TAFE institutes and to amend various university Acts in relation to the constitution of councils of universities and for other purposes and requesting the agreement of the Council.




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.

17 JUSTICE LEGISLATION FURTHER AMENDMENT BILL 2015 — The Acting President read a Message from the Assembly presenting A Bill for an Act to amend the Children, Youth and Families Act 2005, the Constitution Act 1975, the Coroners Act 2008, the County Court Act 1958, the Court Security Act 1980, the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, the Judicial Entitlements Act 2015, the Magistrates’ Court Act 1989, the Supreme Court Act 1986, the Victims of Crime Assistance Act 1996 and the Victorian Civil and Administrative Tribunal Act 1998 to make consequential or minor amendments to other Acts and for other purposes and requesting the agreement of the Council.



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 ROAD LEGISLATION AMENDMENT BILL 2015 — The Acting President read a Message from the Assembly presenting A Bill for an Act to amend the Road Safety Act 1986 and other Acts to provide greater flexibility in relation to the certification of analyses conducted in approved laboratories, to make minor amendments to the Road Management Act 2004, to make other amendments to the Road Safety Act 1986 relating to the licensing of drivers and for other purposes and requesting the agreement of the Council.

On the motion of Mr Herbert (for Ms Pulford), the Bill was read a first time and, by leave, ordered to be read a second time forthwith.


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 O’Donohue), the debate was adjourned for one week.

19 TRANSPORT ACCIDENT AMENDMENT BILL 2015 — The Acting President read a Message from the Assembly presenting A Bill for an Act to amend the Transport Accident Act 1986 to repeal certain subsections of that Act inserted in 2013 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.


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.

20 TERRORISM (COMMUNITY PROTECTION) 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 Ms Pennicuik were circulated.Debate continued.Question — put.The Council divided — The President in the Chair.


AYES, 34Mr Atkinson; Ms Bath; Mr Bourman; Dr Carling-Jenkins; Ms Crozier; Mr Dalidakis; Mr Dalla-Riva; Mr Davis; Mr Drum; Mr Eideh; Mr Elasmar; Mr Finn; Ms Fitzherbert; Mr Herbert; Mr Jennings; Mr Leane; Ms Lovell; Mr Melhem; Ms Mikakos; Mr Morris; Mr O’Donohue; Mr Ondarchie; Ms Patten; Mrs Peulich; Ms Pulford; Mr Purcell; Mr Ramsay; Mr Rich-Phillips; Ms Shing; Mr Somyurek; Ms Symes; Ms Tierney; Ms Wooldridge; Mr Young.(Tellers: Mr Bourman and Mr Drum)

NOES, 5Mr Barber; Ms Dunn; Ms Hartland; Ms Pennicuik; Ms Springle.(Tellers: Mr Barber and Ms Pennicuik)

Question agreed to.Bill read a second time and ordered to be committed to a Committee of the whole later this

day.21 PUBLIC HEALTH AND WELLBEING AMENDMENT (SAFE ACCESS ZONES) BILL 2015 —

Bill further considered in Committee of the whole.House in Committee.Business having been interrupted at 10.00 p.m. pursuant to Standing Orders —

Mr Jennings declared, That the sitting be extended by up to one hour pursuant to Standing Order 4.08.

Bill further considered in Committee of the whole.House in Committee.Business having been interrupted at the conclusion of the declared extension pursuant to

Standing Orders —

Mr Jennings declared, That the sitting be extended by up to one further hour pursuant to Standing Order 4.08.

Bill further considered in Committee of the whole.House in Committee.And the Council having continued to sit after 12 midnight —

FRIDAY, 27 NOVEMBER 2015Business having been interrupted at the conclusion of the declared extension pursuant to

Standing Orders —

Mr Jennings moved, That the sitting be extended.Question — put.The Council divided — The President in the Chair.

AYES, 32Mr Atkinson; Mr Barber; Ms Bath; Ms Crozier; Mr Dalidakis; Mr Davis; Mr Drum; Ms Dunn; Mr Eideh; Mr Elasmar; Ms Fitzherbert; Ms Hartland; Mr Herbert; Mr Jennings; Mr Leane; Ms Lovell; Mr Melhem; Ms Mikakos; Mr Morris; Mr O’Donohue; Mr Ondarchie; Ms Patten; Ms Pennicuik; Ms Pulford; Mr Purcell; Mr Ramsay; Ms Shing; Mr Somyurek; Ms Springle; Ms Symes; Ms Tierney; Ms Wooldridge.(Tellers: Mr Drum and Mr Somyurek)

NOES, 7Mr Bourman, Dr Carling-Jenkins, Mr Dalla-Riva; Mr Finn; Mrs Peulich; Mr Rich-Phillips; Mr Young.(Tellers: Dr Carling-Jenkins and Mr Young)

Question agreed to.

Bill further considered in the Committee of the whole.


House in Committee.Bill reported without amendment, the Report was adopted.Ms Mikakos moved, That the Bill be now read a third time.Question — That the Bill be now read a third time and do pass — put.The Council divided — The President in the Chair.

AYES, 30Mr Atkinson; Mr Barber; Ms Bath; Ms Crozier; Mr Dalidakis; Mr Davis; Ms Dunn; Mr Eideh; Mr Elasmar; Ms Fitzherbert; Ms Hartland; Mr Herbert; Mr Jennings; Mr Leane; Ms Lovell; Mr Melhem; Ms Mikakos; Mr Morris; Mr O’Donohue; Mr Ondarchie; Ms Patten; Ms Pennicuik; Ms Pulford; Mr Ramsay; Ms Shing; Mr Somyurek; Ms Springle; Ms Symes; Ms Tierney; Ms Wooldridge.(Tellers: Mr Somyurek and Ms Springle)

NOES, 8Mr Bourman; Dr Carling-Jenkins; Mr Dalla-Riva; Mr Finn; Mrs Peulich; Mr Purcell; Mr Rich-Phillips; Mr Young.(Tellers: Mr Dalla-Riva and Mr Rich-Phillips)

Question agreed to.Bill 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.22 ADJOURNMENT — Ms Pulford 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 1.56 a.m., adjourned until Tuesday, 8 December 2015.


COMMITTEE OF THE WHOLE COUNCIL

Supplement to Minutes Nos. 47, 48 and 49

Tuesday, 24 November 20151 FISHERIES AMENDMENT BILL 2015

Clauses 1 to 4 — put and agreed to.

Clause 5 — Mr O’Donohue moved — Clause 5, page 3, line 31, omit "2018." and insert "2017".

Question — That the amendment be agreed to — put.The Committee divided — The Deputy President in the Chair.

AYES, 14Ms Crozier; Ms Bath; Mr Dalla-Riva; Mr Davis; Mr Finn; Ms Fitzherbert; Ms Lovell; Mr Morris; Mr O’Donohue; Mr Ondarchie; Mrs Peulich; Mr Ramsay; Mr Rich-Phillips; Ms Wooldridge.(Tellers: Ms Bath and Mr Dalla-Riva)

NOES, 22Mr Barber; Mr Bourman; Dr Carling-Jenkins; Mr Dalidakis; Ms Dunn; Mr Eideh; Mr Elasmar; Ms Hartland; Mr Herbert; Mr Jennings; Mr Melhem; Ms Mikakos; Mr Mulino; Ms Patten; Ms Pennicuik; Ms Pulford; Mr Purcell; Ms Shing; Ms Springle; Ms Symes; Ms Tierney; Mr Young.(Tellers: Mr Dalidakis and Ms Springle)

Question negatived.Clause 5 — put and agreed to.

Clauses 6 and 7 — put and agreed to.

Bill reported without amendment.

2 PUBLIC HEALTH AND WELLBEING AMENDMENT (SAFE ACCESS ZONES) BILL 2015

Clause 1 — Debate commenced.Committee interrupted at the conclusion of the declared extension pursuant to Standing

Orders.

Clause 1 — Question — That Clause 1 stands part of the Bill — put.The Committee divided — The Deputy President in the Chair.

AYES, 31Mr Atkinson; Mr Barber; Ms Bath; Ms Crozier; Mr Dalidakis; Mr Davis; Ms Dunn; Mr Eideh; Mr Elasmar; Ms Fitzherbert; Ms Hartland; Mr Herbert; Mr Jennings; Mr Leane; Ms Lovell; Mr Melhem; Ms Mikakos; Mr Morris; Mr Mulino; Mr O’Donohue; Mr Ondarchie; Ms Patten; Ms Pennicuik; Ms Pulford; Mr Ramsay; Ms Shing; Mr Somyurek; Ms Springle; Ms Symes; Ms Tierney; Ms Wooldridge.(Tellers: Mr Ondarchie and Ms Hartland)

NOES, 8Mr Bourman: Dr Carling-Jenkins; Mr Dalla-Riva; Mr Finn; Mrs Peulich; Mr Purcell; Mr Rich-Phillips; Mr Young.(Tellers: Dr Carling-Jenkins and Mr Young)


Question agreed to.Progress reported.

Thursday, 26 November 20151 CHILD WELLBEING AND SAFETY AMENDMENT (CHILD SAFE STANDARDS) BILL 2015



2 LOCAL GOVERNMENT AMENDMENT (FAIR GO RATES) BILL 2015



3 PUBLIC HEALTH AND WELLBEING AMENDMENT (SAFE ACCESS ZONES) BILL 2015Progress having been reported on 24 November 2015 —

Clause 2 —Question — That Clause 2 stands part of the Bill — put.The Committee divided — The Deputy President in the Chair.

AYES, 32Mr Atkinson; Mr Barber; Ms Bath; Ms Crozier; Mr Dalidakis; Mr Davis; Mr Drum; Ms Dunn; Mr Eideh; Mr Elasmar; Ms Fitzherbert; Ms Hartland; Mr Herbert; Mr Jennings; Mr Leane; Ms Lovell; Mr Melhem; Ms Mikakos; Mr Morris; Mr O’Donohue; Mr Ondarchie; Ms Patten; Ms Pennicuik; Ms Pulford; Mr Purcell; Mr Ramsay; Ms Shing; Mr Somyurek; Ms Springle; Ms Symes; Ms Tierney; Ms Wooldridge.(Tellers: Ms Patten and Mr Purcell)

NOES, 4Dr Carling-Jenkins; Mr Dalla-Riva; Mr Finn; Mrs Peulich.(Tellers: Mr Dalla-Riva and Mrs Peulich)

Question agreed to.

Clauses 3 and 4 — put and agreed to.

Clause 5 — Mr Finn moved — 1. Clause 5, page 4, line 22, omit "behaviour;" and insert "behaviour—"2. Clause 5, page 4, after line 22 insert—

"but does not include praying or other forms of religious expression;".Committee interrupted at the conclusion of the declared extension pursuant to Standing

Orders.

Clause 5 —Question — That the amendments be agreed to — put.The Committee divided — The Deputy President in the Chair.

AYES, 8Mr Bourman; Dr Carling-Jenkins; Mr Dalla-Riva; Mr Finn; Mrs Peulich; Mr Purcell; Mr Rich-Phillips; Mr Young.(Tellers: Dr Carling-Jenkins and Mr Finn)

Committee of the whole Council 261

NOES, 30Mr Atkinson; Mr Barber; Ms Bath; Ms Crozier; Mr Dalidakis; Mr Davis; Ms Dunn; Mr Eideh; Mr Elasmar; Ms Fitzherbert; Ms Hartland; Mr Herbert; Mr Jennings; Mr Leane; Ms Lovell; Mr Melhem; Ms Mikakos; Mr Morris; Mr O’Donohue; Mr Ondarchie; Ms Patten; Ms Pennicuik; Ms Pulford; Mr Ramsay; Ms Shing; Mr Somyurek; Ms Springle; Ms Symes; Ms Tierney; Ms Wooldridge.(Tellers: Mr Dalidakis and Ms Hartland)

Question negatived.Mr Dalla-Riva moved —

1. Clause 5, page 4, line 26, omit "150" and insert "15".Committee interrupted at the conclusion of the declared extension pursuant to Standing

Orders.

Clause 5 —Question — That the amendment be agreed to — put.The Committee divided — The Deputy President in the Chair.

AYES, 8Mr Bourman; Dr Carling-Jenkins; Mr Dalla-Riva; Mr Finn; Mrs Peulich; Mr Purcell; Mr Rich-Phillips; Mr Young.(Tellers: Mr Purcell and Mr Young)

NOES, 30Mr Atkinson; Mr Barber; Ms Bath; Ms Crozier; Mr Dalidakis; Mr Davis; Ms Dunn; Mr Eideh; Mr Elasmar; Ms Fitzherbert; Ms Hartland; Mr Herbert; Mr Jennings; Mr Leane; Ms Lovell; Mr Melhem; Ms Mikakos; Mr Morris; Mr O’Donohue; Mr Ondarchie; Ms Patten; Ms Pennicuik; Ms Pulford; Mr Ramsay; Ms Shing; Mr Somyurek; Ms Springle; Ms Symes; Ms Tierney; Ms Wooldridge.(Tellers: Ms Dunn and Mr O’Donohue)

Question negatived.Mr Finn moved —

3. Clause 5, page 5, line 19, omit "120 penalty units" and insert "10 penalty units".Question — That the amendment be agreed to — put.The Committee divided — The Deputy President in the Chair.

AYES, 8Mr Bourman; Dr Carling-Jenkins; Mr Dalla-Riva; Mr Finn; Mrs Peulich; Mr Purcell; Mr Rich-Phillips; Mr Young.(Tellers: Mr Bourman and Mr Dalla-Riva)

NOES, 30Mr Atkinson; Mr Barber; Ms Bath; Ms Crozier; Mr Dalidakis; Mr Davis; Ms Dunn; Mr Eideh; Mr Elasmar; Ms Fitzherbert; Ms Hartland; Mr Herbert; Mr Jennings; Mr Leane; Ms Lovell; Mr Melhem; Ms Mikakos; Mr Morris; Mr O’Donohue; Mr Ondarchie; Ms Patten; Ms Pennicuik; Ms Pulford; Mr Ramsay; Ms Shing; Mr Somyurek; Ms Springle; Ms Symes; Ms Tierney; Ms Wooldridge.(Tellers: Ms Bath and Mr Leane)

Question negatived.Question — That Clause 5 stands part of the Bill — put.Committee divided — Deputy President in the Chair.

AYES, 30Mr Atkinson; Mr Barber; Ms Bath; Ms Crozier; Mr Dalidakis; Mr Davis; Ms Dunn; Mr Eideh; Mr Elasmar; Ms Fitzherbert; Ms Hartland; Mr Herbert; Mr Jennings; Mr Leane; Ms Lovell; Mr Melhem; Ms Mikakos; Mr Morris; Mr O’Donohue; Mr Ondarchie; Ms Patten; Ms Pennicuik; Ms Pulford; Mr Ramsay; Ms Shing; Mr Somyurek; Ms Springle; Ms Symes; Ms Tierney; Ms Wooldridge.(Tellers: Mr Eideh and Ms Patten)


NOES, 8Mr Bourman; Dr Carling-Jenkins; Mr Dalla-Riva; Mr Finn; Mrs Peulich; Mr Purcell; Mr Rich-Phillips; Mr Young.(Tellers: Mr Finn and Mrs Peulich)

Question agreed to.

Clause 6 — put and agreed to.
