No 1—31 October 2016 5
LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY
2016
MINUTES OF PROCEEDINGS
No 1
Monday, 31 October 2016
The Legislative Assembly for the Australian Capital Territory convened at 10 am in the Legislative Assembly Chamber, Canberra, on Monday, 31 October 2016.
1 On which day, being the first day of the meeting of the Ninth Assembly for the despatch of business pursuant to a Notice of the Speaker, Thomas Duncan, Clerk of the Legislative Assembly, Maximilian Michael Kiermaier, Deputy Clerk and Serjeantat-Arms and Janice Margaret Rafferty, Clerk Assistant, attending in the Assembly according to their duty, the said Notice was read at the Table by the Clerk:
NOTICE CONVENING THE FIRST MEETING OF THE NINTH LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY
Pursuant to subsection 17(2) of the Australian Capital Territory (Self-Government) Act 1988 (Commonwealth), I, Vicki Ann Dunne, Speaker of the Legislative Assembly for the Australian Capital Territory, do by this Notice, convene the first meeting of the Ninth Legislative Assembly for the Australian Capital Territory at 10:00 am on Monday, 31 October 2016, in the Chamber of the Legislative Assembly, Canberra, in the Australian Capital Territory.
Dated 26 October 2016
VICKI ANN DUNNE
Speaker, Legislative Assembly
for the Australian Capital Territory
2 OATH OR AFFIRMATION OF ALLEGIANCE
The Clerk informed the Assembly of the requirements under section 9 of the Australian Capital Territory (Self-Government) Act 1988 (Cwlth) and sections 6A and 10A of the Oaths and Affirmations Act 1984 for Members to make and subscribe an oath and/or affirmation before the Chief Justice of the Supreme Court or a judge of that court authorised by the Chief Justice.
The Honourable Justice Helen Gay Murrell, Chief Justice of the Supreme Court of the Australian Capital Territory, entered the Chamber and was escorted by the Serjeant-at-Arms to the Chair.
3 NOTIFICATION OF CANDIDATES ELECTED
The Clerk laid on the Table the instrument, dated 26 October 2016, notifying the names of candidates elected to the Legislative Assembly for the Australian Capital Territory at the general election held on 15October 2016, which showed that the following had been elected:
Electorate of Brindabella:
Andrew Wall
Mick Gentleman
Joy Burch
Mark Parton
Nicole Lawder
Electorate of Ginninderra:
Yvette Berry
Vicki Dunne
Elizabeth Kikkert
Tara Cheyne
Gordon Ramsay
Electorate of Kurrajong:
Andrew Barr
Shane Rattenbury
Elizabeth Lee
Steve Doszpot
Rachel Stephen-Smith
Electorate of Murrumbidgee:
Jeremy Hanson
Bec Cody
Chris Steel
Giulia Jones
Caroline Le Couteur
Electorate of Yerrabi:
Meegan Fitzharris
Alistair Coe
Michael Pettersson
Suzanne Orr
James Milligan.
4 OATHS OR AFFIRMATIONS BY MEMBERS
The Members, whose names are set out above, made and subscribed an oath or affirmation as required by law.
Her Honour Justice Murrell retired.
5 ELECTION OF SPEAKER
Mr Barr (Chief Minister), addressing himself to the Clerk, proposed Ms Burch to the Assembly for its Speaker, and moved—That Ms Burch take the Chair of the Assembly as Speaker.
Ms Burch informed the Assembly that she accepted the nomination.
Mr Coe, addressing himself to the Clerk, proposed Mrs Dunne to the Assembly for its Speaker, and moved—That Mrs Dunne take the Chair of the Assembly as Speaker.
Mrs Dunne informed the Assembly that she accepted the nomination.
There being no further proposal, the time for proposals expired.
The Assembly proceeded to ballot; and the ballot being concluded, the Clerk reported the result, as follows:
Ms Burch—14 votes
Mrs Dunne—11 votes.
Ms Burch was declared elected as Speaker, and she was escorted to the Chair.
Ms Burch returned her acknowledgements to the Assembly for the honour it had conferred on her.
{DPS, “PFStart”, “LA_Chief Minister”}
6 ELECTION OF CHIEF MINISTER
Ms Berry proposed Mr Barr to the Assembly as Chief Minister, and moved—That MrBarr be elected Chief Minister for the Territory.
Mr Barr informed the Assembly that he accepted the nomination.
Ms Lawder proposed Mr Coe to the Assembly as Chief Minister, and moved—That Mr Coe be elected Chief Minister for the Territory.
Mr Coe informed the Assembly that he accepted the nomination.
There being no further proposal, the time for proposals expired.
The Assembly proceeded to ballot; and the ballot being concluded, the Speaker reported the result, as follows:
Mr Barr—14 votes
Mr Coe—11 votes.
Mr Barr was declared elected as Chief Minister, and he took his seat at the table.
Mr Barr (Chief Minister), by leave, made a statement concerning his election as Chief Minister.
{DPS, “PFEnd”}
7 LEADER OF THE OPPOSITION—CONSENT—STATEMENT BY MEMBER
Mr Coe gave his consent to his appointment as Leader of the Opposition, and he took his seat at the table.
Mr Coe, by leave, made a statement concerning his appointment.
8 A.C.T. GREENS—STATEMENT BY MEMBER
Mr Rattenbury, by leave, made a statement as Leader of The ACT Greens in the Assembly.
9 ELECTION OF DEPUTY SPEAKER
Mr Coe (Leader of the Opposition) proposed Mrs Dunne to the Assembly as Deputy Speaker, and moved—That Mrs Dunne be elected Deputy Speaker.
Mrs Dunne informed the Assembly that she accepted the nomination.
There being no further proposal, the time for proposals expired.
Mrs Dunne was declared elected as Deputy Speaker.
{DPS, “PFStart”, “191Amendments”}
10 PRESENTATION OF PAPERS
The Speaker presented the following papers:
Auditor-General Act—Auditor-General’s Report No 7/2016—Certain Land Development Agency Acquisitions, dated 30 September 2016.
Administration and Procedure—Standing Committee—Eighth Assembly—Reports—
No 11—The Conduct of Mr Hanson MLA, dated 30 August 2016, including a dissenting report (Mr Hinder), together with the transmittal letter and a copy of the extracts of the relevant minutes of proceedings.
No 12—The Conduct of Dr Bourke MLA, dated 30 September 2016, together with the transmittal letter and a copy of the extracts of the relevant minutes of proceedings.
Public Accounts—Standing Committee—Eighth Assembly—Report 33—Review of Selected Auditor-General Reports, dated 8 September 2016, together with a copy of the transmittal letter and a copy of the extracts of the relevant minutes of proceedings.
Standing order 191—Amendments to:
Building and Construction Legislation Amendment Bill 2016, dated 15 and 16August 2016.
Crimes (Serious and Organised Crime) Legislation Amendment Bill 2016, dated 17August 2016.
Family Violence Bill 2016, dated 15 August 2016.
Freedom of Information Bill 2016, dated 18 August 2016.
Personal Violence Bill 2016, dated 15 August 2016.
Public Sector Management Amendment Bill 2016, dated 18 August 2016.
Waste Management and Resource Recovery Bill 2016, dated 17 August 2016.
{DPS, “PFEnd”}
{DPS, “PFStart”, “Papers – SubordinateLegislation”}
11 PRESENTATION OF PAPERS
Mr Barr (Chief Minister) presented the following papers:
Financial Management Act, pursuant to subsection 30F(3)—2015-16 Capital Works Program—Progress report—June quarter 2016, dated 24 August 2016.
Public Accounts—Standing Committee—Eighth Assembly—Report 28—Review of Auditor-General’s Report No 2 of 2016: Maintenance of Public Housing—Government response.
Subordinate legislation (including explanatory statements unless otherwise stated)
Legislation Act, pursuant to section 64—
ACT Teacher Quality Institute Act and Financial Management Act—
ACT Teacher Quality Institute Board Appointment 2016 (No 1)—Disallowable Instrument DI2016-220 (LR, 18 August 2016).
ACT Teacher Quality Institute Board Appointment 2016 (No 2)—Disallowable Instrument DI2016-221 (LR, 18 August 2016).
ACT Teacher Quality Institute Board Appointment 2016 (No 3)—Disallowable Instrument DI2016-222 (LR, 18 August 2016).
Births, Deaths and Marriages Registration Act—Births, Deaths and Marriages Registration (Fees) Determination 2016 (No 2)—Disallowable Instrument DI2016247 (LR, 26 August 2016).
Board of Senior Secondary Studies Act—Board of Senior Secondary Studies Appointment 2016 (No 7)—Disallowable Instrument DI2016-258 (LR, 8 September 2016).
Children and Young People Act—Children and Young People (Death Review Committee) Appointment 2016 (No 1)—Disallowable Instrument DI2016-234 (LR, 11 August 2016).
Climate Change and Greenhouse Gas Reduction Act—Climate Change and Greenhouse Gas Reduction (Greenhouse Gas Emissions Measurement Method) Determination 2016—Disallowable Instrument DI2016-257 (LR, 8 September 2016).
Construction Occupations (Licensing) Act—
Construction Occupations (Licensing) Building Energy Efficiency Assessment Sale and Lease of Residential Premises Code of Practice 2016—Disallowable Instrument DI2016242 (LR, 25 August 2016).
Construction Occupations (Licensing) Unit Title Landscaping Works Assessment Code of Practice 2016—Disallowable Instrument DI2016-244 (LR, 25 August 2016).
Construction Occupations (Licensing) Unit Title Site Assessment Code of Practice 2016—Disallowable Instrument DI2016-243 (LR, 25 August 2016).
Construction Occupations (Licensing) Unit Title Unit Fitness Assessment Code of Practice 2016—Disallowable Instrument DI2016-245 (LR, 25 August 2016).
Cultural Facilities Corporation Act and Financial Management Act—Cultural Facilities Corporation (Governing Board) Appointment 2016 (No 1)—Disallowable Instrument DI2016-259 (LR, 8 September 2016).
Domestic Violence Agencies Act—Domestic Violence Agencies (Council) Appointment 2016 (No 2)—Disallowable Instrument DI2016-184 (LR, 4 August 2016).
Emergencies Act—
Emergencies (Bushfire Council Members) Appointment 2016 (No 1)—Disallowable Instrument DI2016-214 (LR, 4 August 2016).
Emergencies (Bushfire Council Members) Appointment 2016 (No 2)—Disallowable Instrument DI2016-215 (LR, 4 August 2016).
Emergencies (Bushfire Council Members) Appointment 2016 (No 3)—Disallowable Instrument DI2016-216 (LR, 4 August 2016).
Firearms Act—
Firearms (Use of Noise Suppression Devices) Declaration 2016 (No 3)—Disallowable Instrument DI2016-267 (LR, 29 September 2016).
Firearms Amendment Regulation 2016 (No 1)—Subordinate Law SL201628 (LR, 8September 2016).
Guardianship and Management of Property Act—Guardianship and Management of Property (Fees) Determination 2016 (No 2)—Disallowable Instrument DI2016-253 (LR, 5 September 2016).
Liquor Act—Liquor (Fees) Amendment Determination 2016 (No 1)—Disallowable Instrument DI2016-246 (LR, 26 August 2016).
Medicines, Poisons and Therapeutic Goods Regulation—Medicines, Poisons and Therapeutic Goods (Vaccinations by Pharmacists) Direction 2016 (No 3)—Disallowable Instrument DI2016-248 (LR, 29 August 2016).
Nature Conservation Act—
Nature Conservation (Key Threatening Processes Eligibility) Criteria 2016—Disallowable Instrument DI2016-256 (LR, 8 September 2016).
Nature Conservation (Scarlet Robin) Action Plan 2016—Disallowable Instrument DI2016210 (LR, 3 August 2016).
Nature Conservation (Threatened Ecological Communities Eligibility) Criteria 2016—Disallowable Instrument DI2016-255 (LR, 8 September 2016).
Nature Conservation (Threatened Native Species Eligibility) Criteria 2016—Disallowable Instrument DI2016-254 (LR, 8 September 2016).
Official Visitor Act—Official Visitor (Disability Services) Appointment 2016 (No1)—Disallowable Instrument DI2016-213 (LR, 4 August 2016).
Planning and Development Act—
Planning and Development (Remission of Lease Variation Charge for Environmental Remediation) Determination 2016 (No 1)—Disallowable Instrument DI2016-260 (LR, 8September 2016).
Planning and Development (Solar Access) Amendment Regulation 2016 (No 1), including a regulatory impact statement—Subordinate Law SL2016-24 (LR, 29August 2016).
Prohibited Weapons Act—Prohibited Weapons (Noise Suppression Devices) Declaration 2016 (No 3)—Disallowable Instrument DI2016-266 (LR, 29 September 2016).
Public Place Names Act—
Public Place Names (Holt) Determination 2016—Disallowable Instrument DI2016264 (LR, 19 September 2016).
Public Place Names (Throsby) Determination 2016 (No 2)—Disallowable Instrument DI2016-211 (LR, 1 September 2016).
Public Sector Management Act—Public Sector Management Standards 2016—Disallowable Instrument DI2016-251 (LR, 31 August 2016).
Public Trustee and Guardian Act—
Public Trustee and Guardian (Fees) Determination 2016 (No 2)—Disallowable Instrument DI2016-252 (LR, 5 September 2016).
Public Trustee and Guardian (Investment Board) Appointment 2016 (No 1)—Disallowable Instrument DI2016-212 (LR, 4 August 2016).
Race and Sports Bookmaking Act—
Race and Sports Bookmaking (Sports Bookmaking Venues) Determination 2016 (No 4)—Disallowable Instrument DI2016-249 (LR, 29 August 2016).
Race and Sports Bookmaking (Sports Bookmaking Venues) Determination 2016 (No 5)—Disallowable Instrument DI2016-265 (LR, 6 October 2016).
Radiation Protection Act—
Radiation Protection (Chair of Council) Appointment 2016 (No 2)—Disallowable Instrument DI2016-241 (LR, 25 August 2016).
Radiation Protection (Council Member) Appointment 2016 (No 1)—Disallowable Instrument DI2016-238 (LR, 25 August 2016).
Radiation Protection (Council Member) Appointment 2016 (No 2)—Disallowable Instrument DI2016-239 (LR, 25 August 2016).
Radiation Protection (Council Member) Appointment 2016 (No 3)—Disallowable Instrument DI2016-240 (LR, 25 August 2016).
Retirement Villages Act—Retirement Villages Amendment Regulation 2016 (No1)—Subordinate Law SL2016-27 (LR, 8 September 2016).
Road Transport (Alcohol and Drugs) Act—Road Transport (Alcohol and Drugs) Amendment Regulation 2016 (No 1)—Subordinate Law SL2016-22 (LR, 18 August 2016).
Road Transport (Driver Licensing) Act—Road Transport (Driver Licensing) Amendment Regulation 2016 (No 1)—Subordinate Law SL2016-30 (LR, 8September 2016).
Road Transport (Driver Licensing) Regulation—Road Transport (Driver Licensing) Driving Instruction and Assessment Code of Practice 2016 (No 1)—Disallowable Instrument DI2016-237 (LR, 22 August 2016).
Road Transport (General) Act—
Road Transport (General) Application of Road Transport Legislation Declaration 2016 (No 7)—Disallowable Instrument DI2016-223 (LR, 8 August 2016).
Road Transport (General) Application of Road Transport Legislation Declaration 2016 (No 8)—Disallowable Instrument DI2016-235 (LR, 12 August 2016).
Road Transport (General) Application of Road Transport Legislation Declaration 2016 (No 9)—Disallowable Instrument DI2016-236 (LR, 18 August 2016).
Road Transport (General) Act and Road Transport (Safety and Traffic Management) Act—Road Transport (Safety and Traffic Management) Amendment Regulation 2016 (No 2)—Subordinate Law SL2016-21 (LR, 18 August 2016).
Road Transport (Public Passenger Services) Act—Road Transport (Public Passenger Services) Amendment Regulation 2016 (No 1)—Subordinate Law SL2016-26 (LR, 8September 2016).
Road Transport (Public Passenger Services) Regulation—
Road Transport (Public Passenger Services) Bus Services—Service Standards 2016 (No2)—Disallowable Instrument DI2016-268 (LR, 4 October 2016).
Road Transport (Public Passenger Services) Methods of Payment and Maximum Payment Surcharges Declaration and Determination 2016 (No 1)—Disallowable Instrument DI2016-197 (LR, 4 August 2016).
Smoke-Free Public Places Act—Smoke-Free Public Places (Play Spaces) Declaration 2016 (No 1)—Disallowable Instrument DI2016-250 (LR, 1 September 2016).
Taxation Administration Act—
Taxation Administration (Rates—Fire and Emergency Services Rebate) Determination 2016 (No 1)—Disallowable Instrument DI2016-218 (LR, 17August 2016).
Taxation Administration (Safer Families Levy) Determination 2016 (No 1)—Disallowable Instrument DI2016-219 (LR, 17 August 2016).
Tree Protection Act—Tree Protection (Advisory Panel) Appointment 2016 (No 1)—Disallowable Instrument DI2016-217 (LR, 4 August 2016).
University of Canberra Act—
University of Canberra Council Appointment 2016 (No 1)—Disallowable Instrument DI2016-261 (LR, 12 September 2016).
University of Canberra Council Appointment 2016 (No 2)—Disallowable Instrument DI2016-262 (LR, 12 September 2016).
Utilities (Technical Regulation) Act—Utilities (Technical Regulation) Operating Certificate Fees Determination 2016—Disallowable Instrument DI2016-263 (LR, 14September 2016).