LEGISLATIVE COUNCIL
MINUTES OF THE PROCEEDINGS
No. 129 — Tuesday, 25 June 2013
Proof Version
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The President took the Chair and read the Prayer.
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ASSENT TO ACTS — The President read a Message from the Governor informing the
Council that he had, on 18 June 2013, given the Royal Assent to the following Acts
presented to him by the Clerk of the Parliaments:
Aboriginal Lands Amendment Act 2013
Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013
Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013
Marine (Domestic Commercial Vessel National Law Application Act 2013
Parliamentary and Public Administration Legislation Amendment Act 2013.
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QUESTIONS — Questions without notice were taken pursuant to Standing Order 8.04.
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PETITIONS —
NADRASCA COMMUNITY FARM — Mr Leane presented a Petition bearing 107 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.
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ANIMAL WELFARE AGENCIES — Mr Leane presented a Petition bearing 229 signatures
from certain citizens of Victoria requesting that the Government legislate to strengthen the
powers of animal welfare agencies to intervene in cases of reported horse cruelty, including
the ability to issue fines and provide for the imposition of harsher penalties for acts of cruelty
against horses.
Ordered to lie on the Table.
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UNIVERSITY OF BALLARAT AMENDMENT (FEDERATION UNIVERSITY AUSTRALIA)
BILL 2013 — Mr Hall, by leave, without notice, introduced A Bill for an Act to amend the
University of Ballarat Act 2010 to change the name of the University of Ballarat to Federation
University Australia and for other purposes.
On the motion of Mr Hall, the Bill was read a first time and ordered to be read a second time
on the next day of meeting.
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PAPERS —
HEALTH PRACTITIONER REGULATION NATIONAL LAW AMENDMENT (MIDWIFE
INSURANCE EXEMPTION) REGULATIONS — Mr D.M. Davis moved, by leave, That there
be laid before this House a copy of the Health Practitioner Regulation National Law
Amendment (Midwife Insurance Exemption) Regulation No. 70/2013.
Question — put and agreed to.
The regulation was presented by Mr D.M. Davis and ordered to lie on the Table.
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Legislative Council of Victoria
RACING VICTORIA LIMITED INQUIRY — DAMIEN OLIVER — Mr Rich-Phillips moved, by
leave, That there be laid before this House a copy of the Final Report on the Investigation of
the ‘Damien Oliver Inquiry’ 2012 by Racing Victoria Limited.
Question — put and agreed to.
The Report was presented by Mr Rich-Phillips and ordered to lie on the Table.
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SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — ALERT DIGEST — Mr DallaRiva presented Alert Digest No. 9 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:
Melbourne City Link Act 1995 —
City Link and Extension Projects Integration and Facilitation Agreement Twenty-First
Amending Deed, 7 June 2013, pursuant to section 15B(5) of the Act.
City Link Concession Deed Thirty-First Amending Deed, 7 June 2013, pursuant to
section 15(2) of the Act.
Exhibition Street Extension Agreement Fourteenth Amending Deed, 7 June 2013,
pursuant to section 15D(6) of the Act.
Freeway Management System Coordination Agreement Third Amending Deed, 7 June
2013, pursuant to section 15(2) of the Act.
Members of Parliament (Register of Interests) Act 1978 — Summary of Primary Return,
May 2013 and Summary of Variations notified between 6 October 2012 and 24 June
2013.
Parliamentary Committees Act 2003 — Government Response to the Public Accounts
and Estimates Committee’s Report on Effective Decision Making for the Successful
Delivery of Significant Infrastructure Projects.
Planning and Environment Act 1987 — Notices of Approval of the following amendments
to planning schemes:
Banyule Planning Scheme — Amendment C68.
Greater Bendigo Planning Scheme — Amendment C187.
Greater Shepparton Planning Scheme — Amendment C145.
Melbourne Planning Scheme — Amendment C171.
Moreland Planning Scheme — Amendment C145.
Mornington Peninsula Planning Scheme — Amendment C171.
Mount Alexander Planning Scheme — Amendment C65.
Stonnington Planning Scheme — Amendments C77 and C182.
West Wimmera Planning Scheme — Amendment C30.
A Statutory Rule under the Water Act 1989 — No. 60.
Victoria Police — Chief Commissioner — Report under section 96 of the Drugs, Poisons
and Controlled Substances Act 1981, 2012.
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PROCLAMATION — Proclamation of the Governor in Council fixing an operative date in
respect of the following Act was laid upon the Table by the Clerk:
Gambling Regulation Amendment Act 2013 — Remaining provisions — 1 July 2013
(Gazette No. S203, 12 June 2013).
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BUSINESS OF THE COUNCIL — Mr Leane moved, by leave, That precedence be given to
the following General Business on Wednesday, 26 June 2013:
(1) Order of the Day No. 5, the second reading of the Assisted Reproductive Treatment
Amendment (Access by Donor-Conceived People to Information about Donors) Bill
2013;
(2) the Notice of Motion given this day by Mr Somyurek relating to the off-shoring of
Victorian services sector jobs;
Minutes of the Proceedings
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(3)
Notice of Motion No. 563 standing in the name of Mr Lenders relating to the Gonski
reforms;
(4) Notice of Motion No. 589 standing in the name of Ms Pennicuik relating to construction
of a boat ramp at Bastion Point, Mallacoota; and
(5) the Notice of Motion given this day by Mr Barber relating to the Doncaster rail line.
Question — put and agreed to.
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MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing
Order 5.12.
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BUSINESS POSTPONED — Ordered — That the consideration of the Notices of Motion,
Government Business, and Orders of the Day, Government Business, Nos. 1 to 5, be
postponed until later this day.
10 TRANSPORT LEGISLATION AMENDMENT (FOUNDATION TAXI AND HIRE CAR
REFORMS) BILL 2013 — Debate resumed on the question, That the Bill be now read a
second time.
Mr Tee moved, as an amendment, That all the words after “That” be omitted with the view of
inserting in their place “this House refuses to read this Bill a second time until appropriate
consultation with stakeholders has occurred to address serious concerns about the Bill
including, but not limited to:
(1) measures to address the impact, including any hardship on taxi licence holders as a
result of the devaluation of licences and the failure to adopt Professor Fels' hardship
test;
(2) further examination of the impact on the market of an unrestricted release of taxi
licences specifically in relation to customer demand and driver pay;
(3) the structuring of the new taxi zones including the unique challenges facing urban and
regional, regional and country zones;
(4) the impact on numbers and availability of wheelchair accessible taxis (WATs); and
(5) possible fare increases.”.
Debate ensued.
Amendments proposed to be moved in Committee by Mr Tee were circulated.
Debate continued.
Amendments proposed to be moved in Committee by Mr Guy were circulated.
Debate continued.
Amendments proposed to be moved in Committee by Ms Hartland were circulated.
Debate continued.
Question — That the reasoned amendment moved by Mr Tee be agreed to — put.
The Council divided — The President in the Chair
AYES, 19
NOES, 21
Mr Barber
Mr Atkinson
Ms Broad
Mrs Coote
Ms Darveniza (Teller)
Ms Crozier
Mr Eideh
Mr Dalla-Riva
Mr Elasmar
Mr D.M. Davis
Mr Jennings
Mr P.R. Davis
Ms Hartland
Mr Drum
Mr Leane (Teller)
Mr Elsbury
Mr Lenders
Mr Finn
Mr Melhem
Mr Guy
Ms Mikakos
Mr Hall
Ms Pennicuik
Mr Koch
Ms Pulford
Mrs Kronberg
Mr Scheffer
Ms Lovell
Mr Somyurek
Mr O’Brien (Teller)
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Legislative Council of Victoria
Mr Tarlamis
Mr Tee
Ms Tierney
Mr Viney
Mr O’Donohue
Mr Ondarchie
Mrs Petrovich
Mrs Peulich (Teller)
Mr Ramsay
Mr Rich-Phillips
Amendment negatived.
Question — That the Bill be now read a second time — put and agreed to.
Ms Hartland moved, That the Transport Legislation Amendment (Foundation Taxi and Hire
Car Reforms) Bill 2013 be referred to the Economy and Infrastructure Legislation Committee
for inquiry, consideration and report.
Debate ensued.
Question — put.
The Council divided — The President in the Chair.
AYES, 19
NOES, 21
Mr Barber (Teller)
Mr Atkinson
Ms Broad (Teller)
Mrs Coote
Ms Darveniza
Ms Crozier
Mr Eideh
Mr Dalla-Riva (Teller)
Mr Elasmar
Mr D.M. Davis
Mr Jennings
Mr P.R. Davis
Ms Hartland
Mr Drum (Teller)
Mr Leane
Mr Elsbury
Mr Lenders
Mr Finn
Mr Melhem
Mr Guy
Ms Mikakos
Mr Hall
Ms Pennicuik
Mr Koch
Ms Pulford
Mrs Kronberg
Mr Scheffer
Ms Lovell
Mr Somyurek
Mr O’Brien
Mr Tarlamis
Mr O’Donohue
Mr Tee
Mr Ondarchie
Ms Tierney
Mrs Petrovich
Mr Viney
Mrs Peulich
Mr Ramsay
Mr Rich-Phillips
Question negatived.
Bill committed to a Committee of the whole.
House in Committee.
Business having been interrupted at 10.00 p.m. pursuant to Sessional Orders —
Mr D.M. Davis moved, That the sitting be extended.
Question — put.
The Council divided — The President in the Chair.
AYES, 21
NOES, 19
Mr Atkinson
Mr Barber
Mrs Coote
Ms Broad
Ms Crozier
Ms Darveniza
Mr Dalla-Riva
Mr Eideh
Mr D.M. Davis
Mr Elasmar
Mr P.R. Davis (Teller)
Mr Jennings
Mr Drum
Ms Hartland
Mr Elsbury
Mr Leane
Mr Finn
Mr Lenders
Mr Guy
Mr Melhem
Minutes of the Proceedings
Mr Hall
Mr Koch
Mrs Kronberg
Ms Lovell
Mr O’Brien
Mr O’Donohue
Mr Ondarchie
Mrs Petrovich
Mrs Peulich
Mr Ramsay (Teller)
Mr Rich-Phillips
Question agreed to.
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Ms Mikakos
Ms Pennicuik
Ms Pulford
Mr Scheffer
Mr Somyurek (Teller)
Mr Tarlamis (Teller)
Mr Tee
Ms Tierney
Mr Viney
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Bill further considered in Committee.
Bill reported with amendments, the Report was adopted.
Mr Guy 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, 21
NOES, 19
Mr Atkinson
Mr Barber
Mrs Coote
Ms Broad
Ms Crozier
Ms Darveniza
Mr Dalla-Riva
Mr Eideh (Teller)
Mr D.M. Davis
Mr Elasmar
Mr P.R. Davis
Mr Jennings
Mr Drum
Ms Hartland
Mr Elsbury (Teller)
Mr Leane
Mr Finn
Mr Lenders
Mr Guy
Mr Melhem
Mr Hall
Ms Mikakos
Mr Koch
Ms Pennicuik
Mrs Kronberg
Ms Pulford
Ms Lovell
Mr Scheffer
Mr O’Brien
Mr Somyurek
Mr O’Donohue
Mr Tarlamis
Mr Ondarchie
Mr Tee
Mrs Petrovich
Ms Tierney (Teller)
Mr Viney
Mrs Peulich
Mr Ramsay (Teller)
Mr Rich-Phillips
Question agreed to.
Bill returned to the Assembly with a Message informing them that the Council have agreed to
the Bill with amendments and requesting their agreement.
11 ADJOURNMENT — Mr D.M. Davis 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 11.28 p.m., adjourned until tomorrow.
WAYNE TUNNECLIFFE
Clerk of the Legislative Council