No. 61—5 June 2014 647

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LEGISLATIVE ASSEMBLY FOR THE

AUSTRALIAN CAPITAL TERRITORY

2012–2013–2014

MINUTES OF PROCEEDINGS

No. 61

Thursday, 5 June 2014

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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.

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2 Planning, Environment and Territory and Municipal Services—Standing Committee—REPORT 5—Inquiry into Vulnerable road users—report noted

Mr Gentleman (Chair), pursuant to order, presented the following report:

Planning, Environment and Territory and Municipal Services—Standing Committee—Report 5—Inquiry into Vulnerable Road Users, dated 29 May 2014, together with a copy of the extracts of the relevant minutes of proceedings—

and moved—That the report be noted.

Debate ensued.

Question—put and passed.

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3 Administration and Procedure—Standing Committee—REPORT 3—LobbYist Regulation—report noted

Mr Gentleman, pursuant to order, presented the following report:

Administration and Procedure—Standing Committee—Report 3—Lobbyist Regulation, dated 3 June 2014, together with a copy of the extracts of the relevant minutes of proceedings—

and moved—That the report be noted.

Debate ensued.

Question—put and passed.

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4 Auditor-General Amendment Bill 2014

Ms Gallagher (Chief Minister), pursuant to notice, presented a Bill for an act to amend the Auditor-General Act 1996.

Papers: Ms Gallagher presented the following papers:

Explanatory statement to the Bill.

Human Rights Act, pursuant to section 37—Compatibility statement, undated.

Title read by Clerk.

Ms Gallagher moved—That this Bill be agreed to in principle.

Debate adjourned (Mr Smyth) and the resumption of the debate made an order of the day for the next sitting.

5 Red Tape Reduction Legislation Amendment Bill 2014

Mr Barr (Treasurer), pursuant to notice, presented a Bill for an Act to amend legislation for the purpose of red tape reduction.

Papers: Mr Barr presented the following papers:

Explanatory statement to the Bill.

Human Rights Act, pursuant to section 37—Compatibility statement, undated.

Title read by Clerk.

Mr Barr moved—That this Bill be agreed to in principle.

Debate adjourned (Mr Smyth) and the resumption of the debate made an order of the day for the next sitting.

6 Payroll Tax Amendment Bill 2014

Mr Barr (Treasurer), pursuant to notice, presented a Bill for an Act to amend the Payroll Tax Act 2011.

Papers: Mr Barr presented the following papers:

Explanatory statement to the Bill.

Human Rights Act, pursuant to section 37—Compatibility statement, undated.

Title read by Clerk.

Mr Barr moved—That this Bill be agreed to in principle.

Debate adjourned (Mr Smyth) and the resumption of the debate made an order of the day for the next sitting.

7 Land Tax Amendment Bill 2014

Mr Barr (Treasurer), pursuant to notice, presented a Bill for an Act to amend the Land Tax Act 2004.

Papers: Mr Barr presented the following papers:

Explanatory statement to the Bill.

Human Rights Act, pursuant to section 37—Compatibility statement, undated.

Title read by Clerk.

Mr Barr moved—That this Bill be agreed to in principle.

Debate adjourned (Mr Smyth) and the resumption of the debate made an order of the day for the next sitting.

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8 Electoral Amendment Bill 2014

Mr Corbell (Attorney-General), pursuant to notice, presented a Bill for an Act to amend the Electoral Act 1992.

Papers: Mr Corbell presented the following papers:

Explanatory statement to the Bill.

Human Rights Act, pursuant to section 37—Compatibility statement, undated.

Title read by Clerk.

Mr Corbell moved—That this Bill be agreed to in principle.

Debate adjourned (Mr Hanson—Leader of the Opposition) and the resumption of the debate made an order of the day for the next sitting.

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9 Australian Capital Territory (Legislative Assembly) Bill 2014

Mr Corbell (Attorney-General), pursuant to notice, presented a Bill for an Act to provide for the number of members of the Legislative Assembly.

Papers: Mr Corbell presented the following papers:

Explanatory statement to the Bill.

Human Rights Act, pursuant to section 37—Compatibility statement, undated.

Title read by Clerk.

Mr Corbell moved—That this Bill be agreed to in principle.

Debate adjourned (Mr Hanson—Leader of the Opposition) and the resumption of the debate made an order of the day for the next sitting.

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10 Legislation (Penalty Units) Amendment Bill 2014

Mr Corbell (Attorney-General), pursuant to notice, presented a Bill for an Act to amend the Legislation Act 2001.

Papers: Mr Corbell presented the following papers:

Explanatory statement to the Bill.

Human Rights Act, pursuant to section 37—Compatibility statement, undated.

Title read by Clerk.

Mr Corbell moved—That this Bill be agreed to in principle.

Debate adjourned (Mr Hanson—Leader of the Opposition) and the resumption of the debate made an order of the day for the next sitting.

11 Utilities (Technical Regulation) Bill 2014

Mr Corbell (Minister for the Environment and Sustainable Development), pursuant to notice, presented a Bill for an Act relating to the safe, reliable and efficient delivery of regulated utility services, and for other purposes.

Papers: Mr Corbell presented the following papers:

Explanatory statement to the Bill.

Human Rights Act, pursuant to section 37—Compatibility statement, undated.

Title read by Clerk.

Mr Corbell moved—That this Bill be agreed to in principle.

Debate adjourned (Mr Coe) and the resumption of the debate made an order of the day for the next sitting.

12 Gas Safety Legislation Amendment Bill 2014

Mr Corbell (Minister for the Environment and Sustainable Development), pursuant to notice, presented a Bill for an Act to amend legislation about gas safety, and for other purposes.

Papers: Mr Corbell presented the following papers:

Explanatory statement to the Bill.

Human Rights Act, pursuant to section 37—Compatibility statement, undated.

Title read by Clerk.

Mr Corbell moved—That this Bill be agreed to in principle.

Debate adjourned (Mr Coe) and the resumption of the debate made an order of the day for the next sitting.

13 Domestic Animals Amendment Bill 2014

Mr Rattenbury (Minister for Territory and Municipal Services), pursuant to notice, presented a Bill for an Act to amend the Domestic Animals Act 2000, and for other purposes.

Papers: Mr Rattenbury presented the following papers:

Explanatory statement to the Bill.

Human Rights Act, pursuant to section 37—Compatibility statement, undated.

Title read by Clerk.

Mr Rattenbury moved—That this Bill be agreed to in principle.

Debate adjourned (Mr Coe) and the resumption of the debate made an order of the day for the next sitting.

14 Amendments to The Electoral Act 1992—Select Committee—establishment—REPORTING DATE—AMENDMENT TO RESOLUTION

Mr Gentleman (Chair), pursuant to notice, moved—That the resolution of the Assembly of 20 March 2014, relating to the establishment of the Select Committee on Amendments to the Electoral Act 1992, be amended by adding a new paragraph (2)(d):

“(2)(d) if the Assembly is not sitting when the Committee has completed its inquiry, the Committee may send its report to the Speaker or, in the absence of the Speaker, to the Deputy Speaker, who is authorised to give directions for its printing, publication and circulation.”.

Question—put and passed.

15 Executive Members’ business—precedence

Ordered—That Executive Members’ business be called on forthwith.

16 Medicare co-paymentS

Mr Rattenbury, pursuant to notice, moved—That this Assembly:

(1)  notes:

(a)  that free, universal access to quality healthcare, through Medicare, is a mainstay of our Australian society;

(b)  the Federal Government’s budget proposal to require $7 Medicare copayments for all GP visits, pathology tests and diagnostic imaging, around 70% of services, is a burden on the poor, the young, the elderly and people with chronic illnesses who can least afford to get sick;

(c)  the impacts of these co-payments as well as increased costs of PBS medicines to the cost of living for low-income families;

(d)  that discouraging access to doctors in the early stages of health concerns will cost the Government more in the long run;

(e)  the sustainability or otherwise of the Medicare program will not be addressed by the co-payments, as this funding will be diverted to providers and the Medical Research Future Fund;

(f)  that it is important to ensure that we continue to maintain a fair healthcare funding system, to ensure equitable access to quality healthcare; and

(g)  over 50% of GP visits in Canberra are bulk billed, and bulk billing patients will now be expected to provide a total of around an extra $5million annually through individual co-payments; and

(2)  calls on the Speaker to write to the Prime Minister and the Minister for Health on behalf of the ACT Legislative Assembly requesting them to withdraw their proposal to introduce Medicare co-payments.

Debate ensued.

Question—put.

The Assembly voted—

AYES, 9 / NOES, 8
Mr Barr / Ms Gallagher / Mr Coe / Ms Lawder
Ms Berry / Mr Gentleman / Mr Doszpot / Mr Smyth
Dr Bourke / Ms Porter / Mrs Dunne / Mr Wall
Ms Burch / Mr Rattenbury / Mr Hanson
Mr Corbell / Mrs Jones

And so it was resolved in the affirmative.

17 LEAVE OF ABSENCE TO MEMBERS

Mr Corbell (Manager of Government Business) moved—That leave of absence be granted for all Members for the period 6 June to 4 August 2014.

Question—put and passed.

18 Administration and Procedure—Standing Committee—REPORT 2—Application for Citizen’s Right of Reply: MrJorian Gardner—report ADOPted

Mr Rattenbury presented the following report:

Administration and Procedure—Standing Committee—Report 2—Application for Citizen’s Right of Reply: Mr Jorian Gardner, dated 3 June 2014, together with a copy of the extracts of the relevant minutes of proceedings—

and moved—That the report be adopted.

Mr Hanson (Leader of the Opposition) moved—That the debate be adjourned.

Question—put and negatived.

Debate ensued.

Mr Wall moved—That the debate be adjourned.

Question—put and negatived.

Debate continued.

Question—That the report be adopted—put and passed.

19 Public Accounts—Standing Committee—INQUIRY—Auditor-General’s Report No. 4/2013—STATEMENT BY CHAIR

Mr Smyth (Chair), pursuant to standing order 246A, informed the Assembly that the Standing Committee on Public Accounts had resolved to inquire into and report on Auditor’s General’s Report No. 4/2013—National Partnership Agreement on Homelessness.

20 QUESTIONS

Questions without notice being asked—

At 3 p.m., questions were interrupted pursuant to the resolution of the Assembly of 3June 2014.

21 Appropriation Bill 2014-2015

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 adjourned (Mr Corbell—Attorney-General) and the resumption of the debate made an order of the day for the next sitting.

Estimates 2014-2015—Select Committee—Reference—Appropriation Bill 2014-2015 and Appropriation (Office of the Legislative Assembly) Bill 2014-2015: Mr Barr (Treasurer), pursuant to standing order 174, moved—That the Appropriation Bill 2014-2015 and the Appropriation (Office of the Legislative Assembly) Bill 2014-2015 be referred to the Select Committee on Estimates 2014-2015.

Question—put and passed.

22 PRESENTATION OF PAPERS

Ms Gallagher (Chief Minister) presented the following papers:

Remuneration Tribunal Act, pursuant to subsection 12(2)—Determinations, together with statements for:

ACT Civil and Administrative Tribunal—Determination 4 of 2014, dated 30 April 2014.

Clerk of the Legislative Assembly—Determination 5 of 2014, dated 30 April 2014.

Full-time Statutory Office Holders—Determination 3 of 2014, dated 30 April 2014.

Head of Service, Directors-General and Executives—Determination 2 of 2014, dated 30 April 2014.

Members of the ACT Legislative Assembly—

Determination 1 of 2014, dated 3 April 2014.

Determination 7 of 2014, dated 30 April 2014.

Retired Master of the Supreme Court—Determination 6 of 2014, dated 30 April 2014.

Review of entitlements—Members of the Australian Capital Territory Legislative Assembly—Final report, prepared by the ACT Remuneration Tribunal, dated April2014.

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23 PRESENTATION OF PAPER

Ms Gallagher (Minister for Health) presented the following paper:

Gene Technology Act, pursuant to subsection 136A(3)—Operations of the Gene Technology Regulator—Quarterly report—1 October to 31 December 2013, dated 6March 2014.

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24 FINANCIAL MANAGEMENT ACT—INSTRUMENTS—PAPERS AND STATEMENT BY MINISTER

Mr Barr (Treasurer) presented the following papers:

Financial Management Act—Instruments, including statements of reasons, pursuant to—

Section 14—Directing a transfer of funds within the Environment and Sustainable Development Directorate, dated 23 and 27 May 2014.

Section 16—Directing a transfer of appropriations from the Justice and Community Safety Directorate to the Environment and Sustainable Development Directorate, dated 23 May 2014—

and, by leave, made a statement in relation to the papers.

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25 PRESENTATION OF PAPER

Mr Barr (Treasurer), pursuant to the resolution of the Assembly of 23 October 2013 relating to the Calwell proposed indoor swimming centre, presented the following paper:

The New Extension of Time Fee Framework—Statement of Government policy, dated June 2014.

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26 PRESENTATION OF PAPERS

Mr Corbell (Attorney-General) presented the following papers:

Crimes Act, pursuant to section 374—Statutory review of section 374, undated.

Coroners Act, pursuant to subsection 57(5)—Report of Coroner—Deaths of Brody Oppelaar, Justin Williams, Scott Oppelaar and Samantha Ford—

Report, dated 20 January 2014.

Executive response.

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27 Review of the plastic shopping bags ban—PAPER AND STATEMENT BY MINISTER

Mr Corbell (Minister for the Environment and Sustainable Development) presented the following paper:

Plastic Shopping Bags Ban Act, pursuant to subsection 9(2)—Review of the Plastic Shopping Bags Ban, dated April 2014—

and, by leave, made a statement in relation to the paper.

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28 PRESENTATION OF PAPER

Mr Corbell (Attorney-General) presented the following paper:

Ministerial Delegation to China—25 March to 1 April 2014, dated 5 June 2014.

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29 EDUCATION AND CARE SERVICES NATIONAL LAW—Education and Care Services National Amendment Regulations 2014—PAPER AND STATEMENT BY MINISTER

Ms Burch (Minister for Education and Training) presented the following paper:

Education and Care Services National Law—Education and Care Services National Amendment Regulations 2014, dated 8 May 2014—