Minutes of the Proceedings 611
LEGISLATIVE COUNCIL
MINUTES OF THE PROCEEDINGS
Nos. 105, 106 and 107
No. 105 — Tuesday, 5 February 2013
1 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 he had, on 18 December 2012, given the Royal Assent to the following Acts presented to him by the Clerk of the Parliaments:
Climate Change and Environment Protection Amendment Act 2012
Commission for Children and Young People Act 2012
Criminal Organisations Control Act 2012
Fire Services Levy Monitor Act 2012
Integrity and Accountability Legislation Amendment Act 2012
Justice Legislation Amendment (Family Violence and Other Matters) Act 2012
Mineral Resources (Sustainable Development) Amendment Act 2012
Protected Disclosure Act 2012
Tobacco Amendment (Shopper Loyalty Schemes) Act 2012.
3 QUESTIONS — Questions without notice were taken pursuant to Standing Order 8.04.
CONSTRUCTION BUILDING COSTS IN VICTORIA — Mr Dalla-Riva having given an answer to a question without notice and a supplementary question relating to construction building costs in Victoria —
On the motion of MsPulford, the Minister’s answers were ordered to be taken into consideration on the next day of meeting.
QUESTIONS — Questions without notice continued.
4 PETITIONS —
NADRASCA COMMUNITY FARM — MrLeane presented a Petition bearing 518 signatures from certain citizens of Victoria requesting that the Government facilitate an arrangement that will guarantee the Nadrasca Community Farm remains at its current location so as it can continue to provide a great service to the community.
Ordered to lie on the Table.
On the motion of MrLeane, the petition was ordered to be taken into consideration on the next day of meeting.
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TAFE FUNDING — MrLeane presented a Petition bearing 14 signatures from certain citizens of Victoria requesting that the Government abandon the planned TAFE funding cuts and guarantee no further cuts will be made.
Ordered to lie on the Table.
5 PAPERS —
SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — ALERT DIGEST — MrO'Donohue presented Alert Digest No. 1 of 2013 (including Appendices) from the Scrutiny of Acts and Regulations Committee.
Ordered to lie on the Table and to be printed.
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PAPERS PURSUANT TO STATUTE — The following Papers, pursuant to the directions of several Acts of Parliament, were laid on the Table by the Clerk:
Crown Land (Reserves) Act 1978 —
Minister’s Order of 7 December 2012 giving approval to the granting of a lease at Richmond Park Reserve.
Minister’s Order of 7 December 2012 giving approval to the granting of a licence at Yinnar Bicentennial Park Reserve.
Interpretation of Legislation Act 1984 —
Notice pursuant to section 32(3)(a)(iii) in relation to Statutory Rule Nos. 113, 132 and 137/2012.
Notice pursuant to section 32(4)(a)(iii) in relation to Statutory Rule No. 135/2012.
Major Sporting Events Act 2009 — Major sporting event order of 11 December 2012 in relation to key cricket matches held at the Melbourne Cricket Ground in the years 2012 to 2017.
National Parks Act 1975 — Minister’s consent of 3 December 2012 and notice of consent of 14 December 2012 in relation to a quarry in the Great Otway National Park.
Planning and Environment Act 1987 — Notices of Approval of the following amendments to planning schemes:
Ararat Planning Scheme — Amendment C19.
Bass Coast Planning Scheme — Amendment C126.
Baw Baw Planning Scheme — Amendment C83.
Boroondara Planning Scheme — Amendment C180.
Brimbank Planning Scheme — Amendment C133.
Cardinia Planning Scheme — Amendments C97, C169, C170 and C180.
Colac Otway Planning Scheme — Amendments C65 Part 1 and C68.
Frankston Planning Scheme — Amendments C46 Part 2 and C83.
Glen Eira Planning Scheme — Amendment C87.
Greater Bendigo Planning Scheme — Amendment C169.
Greater Dandenong Planning Scheme — Amendments C132 and C167.
Greater Geelong Planning Scheme — Amendment C258.
Greater Shepparton Planning Scheme — Amendment C159.
Hepburn Planning Scheme — Amendment C38.
Hume Planning Scheme — Amendment C134.
Knox Planning Scheme — Amendment C122.
Manningham Planning Scheme — Amendment C78.
Maribyrnong Planning Scheme — Amendment C111.
Melbourne Planning Scheme — Amendment C169.
Melton Planning Scheme — Amendments C110 and C136.
Moira Planning Scheme — Amendment C69.
Moonee Valley Planning Scheme — Amendments C102 and C127.
Mount Alexander Planning Scheme — Amendment C80.
Port Phillip Planning Scheme — Amendment C98.
Pyrenees Planning Scheme — Amendment C34.
Strathbogie Planning Scheme — Amendment C66.
Surf Coast Planning Scheme — Amendment C71 Part 3.
Swan Hill Planning Scheme — Amendment C40.
Victoria Planning Provisions — Amendment VC93.
Wellington Planning Scheme — Amendment C75.
Whitehorse Planning Scheme — Amendments C135 and C147.
Whittlesea Planning Scheme — Amendment C133.
Yarra Ranges Planning Scheme — Amendment C123.
Professional Standards Act 2003 —
College of Investigative and Remedial Consulting Engineers Australia Professional Standards Scheme, 21 December 2012.
Instrument Amending the Engineers Australia Victoria Scheme, 21 December 2012.
Statutory Rules under the following Acts of Parliament:
Accident Towing Services Act 2007 — No. 163/2012.
Adoption Act 1984 — No. 151/2012.
Bail Act 1977 — No. 148/2012.
County Court Act 1958 — Nos. 146 and 167/2012.
County Court Act 1958 — Civil Procedure Act 2010 — No. 166/2012.
Electricity Safety Act 1998 — No. 152/2012.
Evidence Act 2008 — No. 149/2012.
Infringements Act 2006 — No. 150/2012.
Magistrates’ Court Act 1989 — Nos. 158 and 159/2012.
Offshore Petroleum and Greenhouse Gas Storage Act 2010 — No. 160/2012.
Road Safety Act 1986 — Nos. 155 to 157 and 162/2012.
Subordinate Legislation Act 1994 — Nos. 153, 154, 164 and 165/2012.
Supreme Court Act 1986 — No. 145/2012.
Victorian Civil and Administrative Tribunal Act 1998 — No. 147/2012.
Whistleblowers Protection Act 2001 — No. 144/2012.
Wildlife Act 1975 — No. 161/2012.
Subordinate Legislation Act 1994 —
Documents under section 15 in respect of Statutory Rule Nos. 135, 136 and 144 to 167/2012.
Legislative Instruments and related documents under section 16B in respect of —
An Order of 19 December 2012 Fixing Victorian Curriculum and Assessment Authority Fees made under the Education and Training Reform Act 2006.
Direction to governing boards of adult education institutions on executive remuneration and classification of 21 December 2012 made under the Education and Training Reform Act 2006.
Direction to boards of TAFE institutes on executive remuneration and classification of 21 December 2012 made under the Education and Training Reform Act 2006.
Ministerial Order No. 615 for the fixing of fees administered by The Victorian Registration and Qualifications Authority made under the Education and Training Reform Act 2006.
Ministerial Order No. 632 made under the Education and Training Reform Act 2006.
Designation of Tow Away Area in the Chapel Street Precinct of 9 December 2012 made under the Local Government Act 1989.
Greyhound Racing Victoria Club Bookmakers Licence Levy Rules made under the Racing Act 1958.
Harness Racing Victoria – Adoption of amendments to national rules of harness racing made under the Racing Act 1958.
By-law No. 9 Recreational Areas – Gippsland and Southern Rural Water Corporation made under the Water Act 1989.
PROCLAMATIONS — Proclamations of the Governor in Council fixing operative dates in respect of the following Acts were laid upon the Table by the Clerk:
Civil Procedure Amendment Act 2012 — except Part 4 — 24 December 2012; Part 4 — 31 March 2013 (Gazette No. S429, 11 December 2012).
Commission for Children and Young People Act 2012 — 1 March 2013 (Gazette No. S27, 29 January 2013).
Drugs, Poisons and Controlled Substances Amendment Act 2012 — Remaining provisions — 13 December 2012 (Gazette No. S429, 11 December 2012).
Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 — Parts 1, 3 to 5 and 7 — 20 December 2012 (Gazette No. S444, 19 December 2012); Part 2 (except sections 5 to 12 and 31) — 4 February 2013 (Gazette No. S27, 29 January 2013).
Mineral Resources (Sustainable Development) Amendment Act 2012 — 1 February 2013 (Gazette No. S27, 29 January 2013).
Residential Tenancies and Other Consumer Acts Amendment Act 2012 — Divisions 2 and 3 of Part 2 — 1 February 2013; Remaining provisions of Division 2 of Part 3 (other than section 21) — 31 March 2013 (Gazette No. S444, 19 December 2012).
Transport Legislation Amendment (Public Transport Development Authority) Act 2011 — Sections 27 and 29 — 1 January 2013 (Gazette No. S444, 19 December 2012).
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BUDGET UPDATE, 2012-13 — Pursuant to section 27D(6)(c) of the Financial Management Act 1994, the Clerk laid on the Table a copy of the Budget Update, 2012-13.
6 PRODUCTION OF DOCUMENTS —
CHANNEL DEEPENING OF PORT PHILLIP BAY — The Clerk laid on the Table a letter from the Minister for Major Projects, Ports, Racing and Regional Cities in response to the Resolution of the Council of 12 December 2012 seeking the production of documents relating to channel deepening of Port Phillip Bay, advising that the Government —
· does not hold the information which was sought as it is held by the Port of Melbourne Corporation; and
· is still in the process of preparing its response to this resolution.
On the motion of MsPennicuik, the Minister’s letter was ordered to be taken into consideration on the next day of meeting.
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REFORMED ZONES REVIEW — The Clerk laid on the Table a letter from the Minister for Planning in response to the Resolution of the Council of 12 December 2012 seeking the production of a copy of all public submissions received by the Department of Planning and Community Development in relation to the Reformed Zones for Victoria planning zones review indicating that the Government will not be able to respond to the Council’s resolution within the time period requested by the Council but will endeavour to respond as soon as possible.
On the motion of MrBarber, the Minister’s letter was ordered to be taken into consideration on the next day of meeting.
7 BUSINESS OF THE COUNCIL — MrLenders moved, by leave, That precedence be given to the following General Business on Wednesday, 6 February 2013:
(1) the notice of motion given this day by MrLenders relating to Government cuts to Victoria’s education system;
(2) Order of the Day No. 1, second reading of the Accident Compensation Legislation (Fair Protection for Firefighters) Bill 2011; and
(3) the notice of motion given this day by Mr Barber relating to the provision of the Rolling Stock Procurement Plan.
Question — put and agreed to.
8 MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing Order 5.12.
9 BUSINESS POSTPONED — Ordered — That the consideration of the Notices of Motion, Government Business, and Orders of the Day, Government Business, Nos. 1 and 2, be postponed until later this day.
10 RETIREMENT VILLAGES AMENDMENT (INFORMATION DISCLOSURE) BILL 2012 — 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.
11 LIQUOR CONTROL REFORM AMENDMENT BILL 2012 — 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.
12 ADJOURNMENT — MrHall 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 6.14 p.m., adjourned until tomorrow.
WAYNE TUNNECLIFFE
Clerk of the Legislative Council
No. 106 — Wednesday, 6 February 2013
1 The President took the Chair and read the Prayer.
2 PAPER PURSUANT TO STATUTE — The following Paper, pursuant to the direction of an Act of Parliament, was laid on the Table by the Clerk:
Auditor-General’s Report on Addressing Homelessness: Partnerships and Plans, February 2013.
3 MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing Order 5.12.
4 EDUCATION SYSTEM CUTS — MrLenders moved, That this House notes the Baillieu Government’s cuts to Victoria’s education system, including —
(1) its refusal to improve facilities for early childhood education and abandonment of occasional childcare;
(2) the devastating impact of the $555 million pulled from the education budget, including cuts to vital programs like —
(a) the School Start Bonus;
(b) Free Fruit Friday;
(c) the Conveyance Allowance;
(d) the Education Maintenance Allowance; and
(e) the School Focused Youth Services;
(3) the $290 million TAFE cuts, which have forced the closure of campuses making it harder for Victorians to access vocational education; and
(4) the abandonment of the infrastructure renewal of Labor’s Victorian Schools Plan;
and calls on the Premier to guarantee that he will not make further cuts to education and skills in Victoria.
Debate ensued.
Business having been interrupted at 12 noon pursuant to Standing Orders—
5 QUESTIONS — Questions without notice were taken pursuant to Standing Order 8.04 and answers to certain questions on notice were circulated pursuant to Standing Order 8.10.
6 EDUCATION SYSTEM CUTS — Debate continued on the question, That this House notes the Baillieu Government’s cuts to Victoria’s education system, including —
(1) its refusal to improve facilities for early childhood education and abandonment of occasional childcare;
(2) the devastating impact of the $555 million pulled from the education budget, including cuts to vital programs like —
(a) the School Start Bonus;
(b) Free Fruit Friday;
(c) the Conveyance Allowance;
(d) the Education Maintenance Allowance; and
(e) the School Focused Youth Services;
(3) the $290 million TAFE cuts, which have forced the closure of campuses making it harder for Victorians to access vocational education; and
(4) the abandonment of the infrastructure renewal of Labor’s Victorian Schools Plan;