Legislative Assembly for The s6

No. 80—25 November 2014 907

LEGISLATIVE ASSEMBLY FOR THE

AUSTRALIAN CAPITAL TERRITORY

2012–2013–2014

MINUTES OF PROCEEDINGS

No. 80

Tuesday, 25 November 2014

1 The Assembly met at 10 a.m., pursuant to adjournment. The Speaker (Mrs Dunne) took the Chair and made a formal recognition that the Assembly was meeting on the lands of the traditional custodians. The Speaker 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 PETITION AND MINISTERIAL RESPONSES—STATEMENT BY MEMBER

Petition

The Clerk announced that the following Member had lodged an e-petition for presentation:

Ms Lawder from 292 residents, requesting that the Assembly commit ongoing funding of Auslan courses at CIT as a community obligation (Pet 18-14).

Ministerial responses

The Clerk announced that the following responses to e-petitions and petitions had been lodged:

{DPS, "PFEnd"}

Ms Burch (Minister for Education and Training), dated 31 October 2014—Response to epetition No. 9-14 and petition No. 13-14, lodged by Mr Wall on 5 August 2014, concerning the closure of early intervention groups.

Mr Corbell (Minister for the Environment), dated 29 October 2014—Response to epetition No. 11-14 and petition No. 14-14, lodged by Ms Lawder on 5 August 2014, concerning the clean-up of Lake Tuggeranong and the creation of wetlands.

Ms Lawder, by leave, made a statement in relation to the petition.

3 Justice and Community Safety—Standing Committee (Legislative Scrutiny Role)—SCRUTINY REPORT 26—STATEMENT BY CHAIR

Mr Doszpot (Chair) presented the following report:

Justice and Community Safety—Standing Committee (Legislative Scrutiny Role)—Scrutiny Report 26, dated 21 November 2014, together with the relevant minutes of proceedings—

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

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4 Public Accounts—Standing Committee—INQUIRY—Appropriation (Loose-fill Asbestos Insulation Eradication) Bill 2014-2015—Consultation copy—STATEMENT BY CHAIR

Mr Smyth (Chair), pursuant to standing order 246A, informed the Assembly that the Standing Committee on Public Accounts had resolved to conduct an inquiry into and report on the Appropriation (Loose-fill Asbestos Insulation Eradication) Bill 2014-2015—Consultation copy.

{DPS, "PFEnd"}

5 Public Accounts—Standing Committee—INQUIRY—APPROPRIATION (LOOSE-FILL ASBESTOS INSULATION ERADICATION) bILL 2014-2015—CONSULTATION COPY—PRINTING, PUBLICATION AND CIRCULATION OF REPORT

Mr Smyth (Chair), by leave, moved—That in relation to the inquiry by the Standing Committee on Public Accounts into the consultation copy of the Appropriation (Loose-fill Asbestos Insulation Eradication) Bill 2014-2015, if the Assembly is not sitting when the report is completed, the Speaker, or, in the absence of the Speaker, the Deputy Speaker, is authorised to give directions for its printing, publication and circulation.

Question—put and passed.

6 Appropriation (Loose-fill Asbestos Insulation Eradication) Bill 2014-2015

Mr Barr (Treasurer) presented a Bill for an Act to appropriate money for the Loose-fill Asbestos Insulation Eradication Scheme and related purposes for the financial year that began on 1 July 2014.

Papers: Mr Barr presented the following papers:

Explanatory statement to the Bill.

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

Financial Management Act, pursuant to section 13—Supplementary Budget Papers, dated November2014.

Title read by Clerk.

Mr Barr 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.

7 Auditor-General’s Report No. 3/2014—Single Dwelling Development Assessments—Progress report—STATEMENT BY MINISTER—Paper—Paper noted

Mr Gentleman (Minister for Planning), by leave, made a statement concerning progress on the recommendations contained in Auditor-General’s Report No. 3/2014—Single Dwelling Development Assessments and presented the following paper:

Auditor-General’s Report into Single Dwelling Residential Development—Progress report—Statement by leave.

Mr Gentleman moved—That the Assembly takes note of the paper.

Question—put and passed.

8 A.C.T. Whole of Government Aboriginal and Torres Strait Islander Agreement—Update—MINISTERIAL STATEMENT—PAPER—PAPER NOTED

Mr Rattenbury (Minister for Aboriginal and Torres Strait Islander Affairs) presented the following paper:

ACT Whole of Government Aboriginal and Torres Strait Islander Agreement—Update—Ministerial statement, 25 November 2014—

and moved—That the Assembly takes note of the paper.

Question—put and passed.

9 Dangerous Substances (Asbestos Safety Reform) Legislation Amendment Bill 2014

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.

Question—That this Bill be agreed to in principle—put and passed.

Leave granted to dispense with the detail stage.

Question—That this Bill be agreed to—put and passed.

10 Exhibition Park Corporation Repeal Bill 2014

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.

Question—That this Bill be agreed to in principle—put.

The Assembly voted—

And so it was resolved in the affirmative.

Leave granted to dispense with the detail stage.

Question—That this Bill be agreed to—put and passed.

11 Canberra Institute of Technology Amendment Bill 2014

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.

Question—That this Bill be agreed to in principle—put and passed.

Leave granted to dispense with the detail stage.

Question—That this Bill be agreed to—put and passed.

12 Gaming Machine (Red Tape Reduction) Amendment Bill 2014

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.

Question—That this Bill be agreed to in principle—put and passed.

Detail Stage

Bill, by leave, taken as a whole—

On the motion, of Ms Burch (Minister for Racing and Gaming), pursuant to standing order 182A(b), by leave, her amendment No. 1 (see Schedule 1) was made.

Paper: Ms Burch presented a supplementary explanatory statement to the Government amendment.

Bill, as a whole, as amended, agreed to.

Question—That this Bill, as amended, be agreed to—put and passed.

13 QUESTIONS

Questions without notice were asked.

14 PRESENTATION OF PAPERS

The Speaker presented the following papers:

Euthanasia laws—Limitation imposed by the Australian Capital Territory (Self-Government) Act 1988 (Cwlth)—Resolution of the Assembly of 18 September 2014—Letter to the Speaker from the Parliamentary Secretary to the Prime Minister, dated 28October 2014

Standing order 156—Ruling—Correspondence from the:

Chief Minister to the Speaker, dated 29 October 2014.

Speaker to the Chief Minister, dated 6 November 2014.

Standing order 191—Amendments to the Mental Health (Treatment and Care) Amendment Bill 2014, dated 6 November 2014.

15 PUBLIC SECTOR MANAGEMENT ACT—EXECUTIVE CONTRACTS—PAPERS AND STATEMENT BY MINISTER

Ms Gallagher (Chief Minister) presented the following papers:

Public Sector Management Act, pursuant to sections 31A and 79—Copies of executive contracts or instruments—

Long-term contracts:

Anita Perkins, dated 13 November 2014.

Annette Lane, dated 6 and 23 October 2014.

Carolyn Grayson, dated 30 October 2014.

John Fletcher, dated 6 November 2014.

Loretta Zamprogno, dated 6 November 2014.

Short-term contracts:

Austin Kenney, dated 11 and 12 November 2014.

Daniel Walters, dated 31 October and 3 November 2014.

Elizabeth Lopa, dated 7 and 10 November 2014.

Helen Pappas, dated 11 and 12 November 2014.

Margaret Stewart, dated 21 and 22 October 2014.

Mark Collis, dated 6 November 2014.

Mary Toohey, dated 6 and 7 November 2014.

Thomas Gordon, dated 27 and 28 October 2014.

Contract variations:

Andrew Baker, dated 24 and 27 October 2014.

Andrew Kefford, dated 24 and 27 October 2014.

Christine Nolan, dated 6 and 7 November 2014.

Fiona Barbaro, dated 21 and 22 October 2014.

Mark Whybrow, dated 29 and 30 October 2014.

Moira Crowhurst, dated 31 October and 4 November 2014.

Paul Lewis, dated 12 November 2014.

Timothy Norris, dated 23 and 27 October 2014.

Trevor Vivian, dated 3 and 4 November 2014.

Wilhelmina Blount, dated 5 and 6 November 2014—

Expired and superseded executive contracts not tabled in the Legislative Assembly—Schedule—

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

16 Pregnancy discrimination in the workplace—PAPER AND STATEMENT BY MINISTER

Ms Gallagher (Chief Minister) presented the following paper:

Pregnancy discrimination in the workplace—Report to the Legislative Assembly on the issue of pregnancy discrimination, dated November 2014, pursuant to the resolution of the Assembly of 6 August 2014—

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

17 PRESENTATION OF PAPER

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

Health (National Health Funding Pool and Administration) Act, pursuant to subsection 25(4)—Administrator of the National Health Funding Pool—Annual Report 2013-14, dated 28 October 2014.

18 FINANCIAL MANAGEMENT ACT—consolidated ANNUAL financial STATEMENTS—2013-2014 FINANCIAL YEAR—PAPER AND STATEMENT BY MINISTER

Mr Barr (Treasurer) presented the following paper:

Financial Management Act, pursuant to section 25—Consolidated Annual Financial Statements, including audit opinion—2013-2014 financial year, dated 27 and 30October 2014—

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

19 FINANCIAL MANAGEMENT ACT—CONSOLIDATED FINANCIAL REPORT—PAPER AND STATEMENT BY MINISTER

Mr Barr (Treasurer) presented the following paper:

Financial Management Act, pursuant to section 26—Consolidated Financial Report—Financial quarter ending 30 September 2014—

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

20 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 16B—Instrument authorising the rollover of undisbursed appropriation of the Legal Aid Commission (ACT), dated 4 November 2014.

Section 19B—Instrument varying appropriations related to the Education and Training Directorate, dated 28 October 2014—

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

21 TERRITORY-OWNED CORPORATIONS ACT—Modified Statement of Corporate Intent 2014-15 to 2017-18—Icon Water Limited—PAPER AND STATEMENT BY MINISTER

Mr Barr (Treasurer) presented the following paper:

Territory-owned Corporations Act, pursuant to subsection 19(3)—Modified Statement of Corporate Intent 2014-15 to 2017-18—Icon Water Limited, dated 17 November 2014—

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

22 PRESENTATION OF PAPERS

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

Human Rights Act, pursuant to subsection 43(1)—Economic, social and cultural rights in the Human Rights Act 2004—Section 43 review, dated November 2014.

ACT Criminal Justice—Statistical Profile 2014—September quarter.

Rail Safety National Law (NSW)—Rail Safety National Law National Regulations 2012.

23 PRESENTATION OF PAPERS

Mr Corbell (Manager of Government Business) presented the following papers:

Subordinate legislation (including explanatory statements unless otherwise stated)

Legislation Act, pursuant to section 64—

Duties Act—Duties (Corporate Reconstruction) Determination 2014 (No. 1)—Disallowable Instrument DI2014-288 (LR, 13 November 2014).

Energy Efficiency (Cost of Living) Improvement Act—Energy Efficiency (Cost of Living) Improvement (Eligible Activities) Code of Practice 2014 (No. 1)—Disallowable Instrument DI2014-287 (LR, 10 November 2014).

Gene Technology (GM Crop Moratorium) Act—Gene Technology (GM Crop Moratorium) Advisory Council Member Appointment 2014 (No. 1)—Disallowable Instrument DI2014-284 (LR, 6 November 2014).

Health Act—Health (Fees) Determination 2014 (No. 4)—Disallowable Instrument DI2014285 (LR, 6 November 2014).

Magistrates Court Act—

Magistrates Court (Fisheries Infringement Notices) Amendment Regulation 2014 (No. 1)—Subordinate Law SL2014-28 (LR, 12 November 2014).

Magistrates Court (Major Events Infringement Notices) Regulation 2014—Subordinate Law SL2014-30 (LR, 17 November 2014).

Medicines, Poisons and Therapeutic Goods Act—Medicines, Poisons and Therapeutic Goods Amendment Regulation 2014 (No. 2)—Subordinate Law SL2014-26 (LR, 22 October 2014).

Official Visitor Act—Official Visitor (Disability Services) Visit and Complaint Guidelines 2014 (No. 1)—Disallowable Instrument DI2014-286 (LR, 5 November 2014).

Planning and Development Act and Financial Management Act—Planning and Development (Land Agency Board) Appointment 2014 (No. 2)—Disallowable Instrument DI2014-280 (LR, 27 October 2014).

Public Place Names Act—Public Place Names (Mitchell) Amendment Determination 2014 (No. 1)—Disallowable Instrument DI2014-278 (LR, 23 October 2014).

Race and Sports Bookmaking Act—Race and Sports Bookmaking (Sports Bookmaking Venues) Determination 2014 (No. 10)—Disallowable Instrument DI2014-283 (LR, 3November 2014).

Rail Safety National Law (ACT) Act—Rail Safety National Law (ACT) Regulation 2014—Subordinate Law SL2014-29 (LR, 17 November 2014).

Road Transport (General) Act—Road Transport (General) Application of Road Transport Legislation Declaration 2014 (No. 3)—Disallowable Instrument DI2014282 (LR, 29 October 2014).

Road Transport (General) Act and Road Transport (General) Regulation—Road Transport (General) MyWay Smart Card Fees Determination 2014 (No. 1)—Disallowable Instrument DI2014-277 (LR, 30 October 2014).

Taxation Administration Act—Taxation Administration (Land Tax) Determination 2014 (No.2)—Disallowable Instrument DI2014-279 (LR, 27 October 2014).

Work Health and Safety Act—Work Health and Safety Amendment Regulation 2014 (No.3)—Subordinate Law SL2014-27 (LR, 30 October 2014).

24 PRESENTATION OF PAPERS

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

Education and Care Services Ombudsman, National Education and Care Services Freedom of Information and Privacy Commissioners—Annual report—1 July 2013 to 30 June 2014, dated November 2014.

Annual Reports (Government Agencies) Act, pursuant to section 13—Annual Report 2013-2014—Education and Training Directorate—Corrigendum, dated November 2014.

25 Children and Young People Act—A.C.T. Children and Young people Death Review Committee—Annual Report 2013-14—PAPER AND STATEMENT BY MINISTER

Mr Gentleman (Minister for Children and Young People) presented the following paper:

Children and Young People Act, pursuant to subsection 727S(5)—ACT Children and Young People Death Review Committee—Annual Report 2013-14, dated 31 October 2014—

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

{DPS, "PFStart", "MPI_Multiple"}

26 MATTER OF PUBLIC IMPORTANCE—DISCUSSION—Small businesses—Importance to the A.C.T. economy

The Assembly was informed that Ms Berry, Dr Bourke, Mr Coe, Mr Hanson (Leader of the Opposition), Mrs Jones, Ms Porter, Mr Smyth and Mr Wall had proposed that matters of public importance be submitted to the Assembly for discussion. In accordance with the provisions of standing order 79, the Speaker had determined that the matter proposed by Mr Smyth be submitted to the Assembly, namely, “The importance of small businesses to the ACT economy”.