​​​No. 2

Wednesday 8 May 2019

MEETING OF THE HOUSE

The President took the Chair, prayers read.

The President acknowledged the Gadigal clan of the Eora nation.

PRESENTATION OF THE PRESIDENT TO THE GOVERNOR

The President informed the House that, following a vacancy in the office of President, he had been elected President of the Legislative Council and had proceeded to present himself to His Excellency who was pleased to offer to him congratulations.

​The President reported receipt of messages from His Excellency the former Governor assenting to the following bills:

Retirement Villages Amendment Bill 2018

Building and Construction Industry Security of Payment Amendment Bill 2018

Fair Trading Legislation Amendment (Miscellaneous) Bill 2018

Protection of the Environment Operations Amendment (Asbestos Waste) Bill 2018

Children and Young Persons (Care and Protection) Amendment Bill 2018

National Disability Insurance Scheme (Worker Checks) Bill 2018

Crimes Legislation Amendment Bill 2018

Crimes (Domestic and Personal Violence) Amendment Bill 2018

Mental Health (Forensic Provisions) Amendment (Victims) Bill 2018

Victims Rights and Support Amendment (Motor Vehicles) Bill 2018

Justice Legislation Amendment Bill (No 3) 2018

Crimes Legislation Amendment (Victims) Bill 2018

Government Information (Public Access) Amendment Bill 2018

Surveillance Devices Amendment (Statutory Review) Bill 2018

Road Transport Amendment (National Facial Biometric Matching Capability) Bill 2018

Terrorism (Police Powers) Amendment (Statutory Review) Bill 2018

Workers Compensation Legislation Amendment (Firefighters) Bill 2018

Community Protection Legislation Amendment Bill 2018

Snowy Hydro Corporatisation Amendment (Snowy 2.0) Bill 2018

ASSUMPTION OF THE ADMINISTRATION OF THE STATE

The President reported receipt of messages from the former Governor, Lieutenant-Governor and the former Administrator of the State of New South Wales concerning the administration of the Government of the State.

​The President made a statement regarding the terrorist attack in Christchurch in March.

​The President made a statement regarding the terrorist attack in Sri Lanka.

​The President reported receipt of communication from the Speaker of the New Zealand House of Representatives, the Right Honourable Trevor Mallard, responding to the message of condolence sent by the President on behalf of the Legislative Council regarding the terrorist attack in Christchurch in March.

VACANCY IN THE REPRESENTATION OF THE STATE IN THE SENATE OF THE COMMONWEALTH OF AUSTRALIA

The President reported receipt of a message from Her Excellency the Governor regarding a vacancy in the representation in the state. 

The President tabled correspondence from the President of the Senate.

RESIGNATION OF THE HONOURABLE LYNDA VOLTZ

The President reported the receipt of a communication from His Excellency the former Governor, advising the resignation of the Honourable Lynda Voltz.

The President informed the House that he had acknowledged the communication and that an entry regarding the resignation of Ms Voltz had been made in the Register of Members of the Legislative Council.

RESIGNATION OF THE HONOURABLE BEN FRANKLIN

The President reported the receipt of a communication from His Excellency the former Governor, advising the resignation of the Honourable Ben Franklin.

The President informed the House that he had acknowledged the communication and that an entry regarding the resignation of Mr Franklin had been made in the Register of Members of the Legislative Council.

​The President made a statement regarding the William Mills Longcase clock.

INSPECTOR OF CUSTODIAL SERVICES—REPORT

The President tabled a report of the Inspector of Custodial Services entitled ‘Use of force, separation, segregation and confinement in NSW juvenile justice centres’, dated November 2018.

LAW ENFORCEMENT CONDUCT COMMISSION—REPORTS

The President tabled the following reports of the Law Enforcement Conduct Commission:

1. Report entitled 'Operation Carlow', dated January 2019.

2. Report entitled 'Operation Ramberg', dated January 2019.

INDEPENDENT COMMISSION AGAINST CORRUPTION—REPORT

The President tabled a report of the Independent Commission Against Corruption entitled ‘Investigation into the conduct of a Department of Finance, Services and Innovation ICT Project Manager’, dated January 2019.

INFORMATION AND PRIVACY COMMISSION—REPORT

The President tabled a report of the Information Commissioner entitled ‘Report on the operation of the Government Information (Public Access) Act 2009: 2017-2018’, dated February 2019, together with an erratum received on 30 April 2019.

OMBUDSMAN—REPORT

The President tabled a report of the Ombudsman entitled ‘Oversight of the Public Interest Disclosures Act 1994 Annual Report 2017-18’, dated February 2019.

FORESTRY ACT 2012—APPROVALS

The President tabled the notification of the commencement of the Coastal Integrated Forestry Operations (IFOA) Approval, dated November 2018, and a statement of reasons for the revocation of the Eden IFOA, Southern IFOA, Lower North East IFOA and Upper North East IFOA.

REGISTER OF DISCLOSURES BY MEMBERS—SUPPLEMENTARY ORDINARY RETURNS, PRIMARY RETURNS AND DISCRETIONARY RETURNS 

The President tabled a copy of the Supplementary Ordinary Returns by Members of the Legislative Council for the period 1 July 2018 to 31 December 2018, a Primary Return and Discretionary Returns submitted since October 2018.

JUDICIAL COMMISSION OF NSW CONDUCT DIVISION—REPORTS

Mr Farlow the following reports of the Judicial Commission of NSW Conduct Commission:

1. Inquiry in relation to Magistrate Dominique Burns, dated 21 December 2018.

2. Inquiry in relation to Judge Peter Maiden SC, dated 26 March 2019.

The Clerk announced receipt of reports presented since the last sitting of the House.

AUDITOR-GENERAL—REPORTS

The Clerk, according to the Local Government Act 1993, announced receipt of the following report of the Auditor-General:

1. Sector report entitled "Report on Local Government 2018", dated 28 February 2019, received out of session and authorised to be printed on 28 February 2019.

2. Performance Audit entitled "Workforce reform in three amalgamated councils", dated 1 May 2019, received out of session and authorised to be printed on 1 May 2019.

The Clerk, according to Public Finance and Audit Act 1983, further announced receipt of the following reports of the Auditor-General:

1. Financial Audit entitled "Transport 2018", dated 28 November 2018, received out of session and authorised to be printed on 28 November 2018.

2. Financial Audit entitled "Central Agencies 2018", dated 29 November 2018, received out of session and authorised to be printed on 29 November 2018.

3.  Financial Audit entitled "Family and Community Services 2018", dated 4 December 2018, received out of session and authorised to be printed on 4 December 2018.

4. Financial Audit entitled "Industry 2018", dated 11 December 2018, received out of session and authorised to be printed on 11 December 2018.

5. Performance Audit entitled "Unsolicited proposal process for the lease of Ausgrid", dated 11 December 2018, received out of session and authorised to be printed on 11 December 2018.

6. Financial Audit entitled "Health 2018", dated 12 December 2018, received out of session and authorised to be printed on 12 December 2018.

7. Performance Audit entitled "Newcastle Urban Transformation and Transport Program", dated 12 December 2018, received out of session and authorised to be printed on 12 December 2018.

8. Financial Audit entitled "Planning and Environment 2018", dated 13 December 2018, received out of session and authorised to be printed on 13 December 2018.

9.  Performance Audit entitled "Property Asset Utilisation", dated 18 December 2018, received out of session and authorised to be printed on 18 December 2018.

10. Performance Audit entitled "Government Advertising 2017-18", dated 18 December 2018, received out of session and authorised to be printed on 18 December 2018.

11. Financial Audit entitled "Education 2018", dated 19 December 2018, received out of session and authorised to be printed on 19 December 2018.

12. Performance Audit entitled "Supply of secondary teachers in STEM-related disciplines", dated 29 January 2019, received out of session and authorised to be printed on 29 January 2019.

13. Performance Audit entitled "Transport Access Program", dated 19 February 2019, received out of session and authorised to be printed on 19 February 2019.

14. Special report entitled "Compliance of expenditure with section 12A of the Public Finance and Audit Act 1983: Law Enforcement Conduct Commission", dated 21 February 2019, received out of session and authorised to be printed on 21 February 2019.

15. Performance Audit entitled "Firearms regulation", dated 28 February 2019, received out of session and authorised to be printed on 28 February 2019.

16. Special report entitled "Members' Additional Entitlement 2018", dated 28 February 2019, received out of session and authorised to be printed on 28 February 2019.

17. Performance Audit entitled "Governance of Local Health Districts", dated 18 April 2019, received out of session and authorised to be printed on 18 April 2019.

PORTFOLIO COMMITTEE NO. 5—INDUSTRY AND TRANSPORT—REPORTS

The Clerk reported receipt of the following reports of Portfolio Committee No. 5 – Industry and Transport:

1. Report No. 50 entitled 'Budget Estimates 2018-2019', dated November 2018, together with transcripts of evidence, tabled documents, correspondence, and answers to questions taken on notice and supplementary questions.

2. Report No. 51 entitled 'Sustainability of the dairy industry in New South Wales', dated December 2018, together with transcripts of evidence, submissions, tabled documents, correspondence, and answers to questions taken on notice and supplementary questions.

Mr Veitch moved: That the House take note of the reports.

Agreed to. Debate adjourned until next sitting day.

PORTFOLIO COMMITTEE NO. 2—HEALTH AND COMMUNITY SERVICES—REPORTS

The Clerk reported receipt of the following reports of Portfolio Committee No. 2 – Health and Community Services:

1. Report No. 50 entitled 'Budget Estimates 2018-2019', dated December 2018, together with transcripts of evidence, tabled documents, correspondence, and answers to questions taken on notice and supplementary questions.

2. Report No. 51 'Implementation of the National Disability Insurance Scheme and the provision of disability services in New South Wales', dated December 2018, together with transcripts of evidence, submissions, tabled documents, correspondence, and answers to questions taken on notice.

Mr Donnelly moved: That the House take note of the reports.

 Agreed to. Debate adjourned until next sitting day.

PORTFOLIO COMMITTEE NO. 4—LEGAL AFFAIRS—REPORTS

The Clerk reported receipt of the following reports of Portfolio Committee No. 4 – Legal Affairs:

1. Report No. 37 entitled 'Fire and Emergency Services Levy', dated November 2018, together with transcripts of evidence, submissions, tabled documents, correspondence, and answers to questions taken on notice.

2. Report No. 38 entitled 'Parklea Correctional Centre and other operational issues', dated December 2018, together with transcripts of evidence, submissions, tabled documents, correspondence and answers to questions taken on notice.

3. Report No. 39 entitled 'Budget Estimates 2018-2019', dated February 2019, together with transcripts of evidence, tabled documents, correspondence and answers to questions taken on notice and supplementary questions.

4. Report No. 40 entitled 'Museums and galleries in New South Wales: Final Report', dated February 2019, together with transcripts of evidence, submissions, tabled documents, correspondence and answers to questions taken on notice and supplementary questions.

Mr Borsak moved: That the House take note of the reports.

Agreed to. Debate adjourned until next sitting day.

PORTFOLIO COMMITTEE NO. 1—PREMIER AND FINANCE—REPORT

The Clerk reported receipt of Report No. 48 of Portfolio Committee No. 1 – Premier and Finance entitled ‘Budget Estimates 2018-2019’, dated December 2018, together with transcripts of evidence, tabled documents, correspondence, and answers to questions taken on notice and supplementary questions.

Revd Mr Nile moved: That the House take note of the report.

Agreed to. Debate adjourned until next sitting day.

PORTFOLIO COMMITTEE NO. 3—EDUCATION—REPORT

The Clerk reported receipt of Report No. 39 of Portfolio Committee No. 3 – Education entitled ‘Budget Estimates 2018-2019’, dated December 2018, together with transcripts of evidence, tabled documents, correspondence, and answers to questions taken on notice and supplementary questions.

Mr Amato moved: That the House take note of the report.

Agreed to. Debate adjourned until next sitting day.

PUBLIC ACCOUNTABILITY COMMITTEE—REPORTS

The Clerk reported receipt of the following reports of the Public Accountability Committee:

1. Report No. 1 of entitled 'The impact of the WestConnex Project', dated December 2018, together with transcripts of evidence, submissions, tabled documents, correspondence, and answers to questions taken on notice and supplementary questions.

2. Report No. 2 entitled 'Impact of the CBD and South East Light Rail Project', dated January 2019, together with transcripts of evidence, submissions, tabled documents, correspondence and answers to questions taken on notice.

3. Report No. 3 entitled 'Scrutiny of public accountability in New South Wales', dated January 2019, together with submissions and correspondence.

Revd Mr Nile moved: That the House take note of the reports.

Agreed to. Debate adjourned until next sitting day.

STANDING COMMITTEE ON LAW AND JUSTICE—REPORTS

The Clerk reported receipt of the following reports of the Public Accountability Committee:

1. Report No. 67 entitled '2018 review of the Workers Compensation Scheme', dated February 2019, together with transcripts of evidence, submissions, tabled documents, correspondence and answers to questions taken on notice and supplementary questions.

2.  Report No. 68 entitled '2018 review of the Compulsory Third Party insurance scheme', dated February 2019, together with transcripts of evidence, submissions, tabled documents, correspondence and answers to questions taken on notice and supplementary questions.

3. Report No. 69 entitled '2018 review of the Dust Diseases Scheme', dated February 2019, together with transcripts of evidence, submissions, tabled documents, correspondence and answers to questions taken on notice and supplementary questions.

4. Report No. 70 entitled '2018 review of the Lifetime Care and Support Scheme', dated February 2019, together with transcripts of evidence, submissions, tabled documents, correspondence and answers to questions taken on notice and supplementary questions.

Mrs Ward moved: That the House take note of the reports.

Agreed to. Debate adjourned until next sitting day.

PUBLIC WORKS COMMITTEE—REPORTS

The Clerk reported receipt of the following reports of the Public Accountability Committee:

1. Report No. 2 entitled 'Impact of Port of Newcastle sale arrangements on public works expenditure in New South Wales', dated February 2019, together with transcripts of evidence, submissions, tabled documents, correspondence and answers to questions taken on notice and supplementary questions.

2. Report No. 3 entitled 'Scrutiny of public works in New South Wales', dated February 2019, together with submissions and correspondence.

Mr Martin moved: That the House take note of the reports.

Agreed to. Debate adjourned until next sitting day.

STANDING COMMITTEE ON SOCIAL ISSUES—REPORT

The Clerk reported receipt of Report No. 52 of the Standing Committee on Social Issues’ entitled ‘Gay and Transgender hate crimes between 1970 and 2010 – Interim Report’, dated February 2019, together with transcripts of evidence, submissions, tabled documents, correspondence, and answers to questions taken on notice and supplementary questions.

Mr Mallard moved: That the House take note of the report.

Agreed to. Debate adjourned until next sitting day.

GOVERNMENT RESPONSES TO REPORTS

The Clerk announced receipt of the following Government responses to committee reports:

1. Response to Report No. 42 of the Standing Committee on State Development entitled "Regional development and a global Sydney", tabled 7 June 2018, received out of session and authorised to be printed on 7 December 2018.

2. Response to Report No. 43 of the Standing Committee on State Development entitled "Defence industry in New South Wales", tabled 7 June 2018, received out of session and authorised to be printed on 7 December 2018.

3. Response to Report No. 51 of Portfolio Committee No. 2 – Health and Community Services entitled "Implementation of the National Disability Insurance Scheme and the provision of disability services in New South Wales", tabled 6 December 2018, received out of session and authorised to be printed on 20 December 2018.

4. Response to Report No. 48 of Portfolio Committee No. 5 – Industry and Transport entitled "Windsor Bridge replacement project", tabled 22 August 2018, received out of session and authorised to be printed on 20 December 2018.

5. Response to Report No. 8 of Portfolio Committee No. 6 – Planning and Environment entitled "The music and arts economy in New South Wales", tabled 15 November 2018, received out of session and authorised to be printed on 7 January 2019.

6. Response to Report No. 1 of the Regulation Committee entitled "Environmental Planning and Assessment Amendment (Snowy 2.0 and Transmission Project) Order 2018", tabled 29 June 2018, received out of session and authorised to be printed on 11 January 2019.

7. Response to Report No. 37 of Portfolio Committee No. 4 – Legal Affairs entitled "Fire and Emergency Services Levy", tabled 30 November 2018, received out of session and authorised to be printed on 18 January 2019.

8. Response to Report No. 49 of Portfolio Committee No. 2 – Health and Community Services entitled "Provision of drug rehabilitation services in regional, rural and remote New South Wales", tabled 6 August 2018, received out of session and authorised to be printed on 21 January 2019.

9. Report No. 36 of Portfolio Committee No. 4 – Legal Affairs entitled "Emergency services agencies", tabled 24 July 2018, received out of session and authorised to be printed on 24 January 2019.

10. Response to Report No. 4/56 of the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission entitled "2018 Review of the Annual Reports of oversighted bodies", tabled 23 August 2018, received out of session and authorised to be printed on 24 January 2019.

11. Response to report of the Select Committee on Electricity, Supply and Demand in New South Wales, tabled 22 November 2018, received out of session and authorised to be printed on 25 January 2019.

12. Response to Report No. 38 of Portfolio Committee No. 4 – Legal Affairs entitled "Parklea Correctional Centre and other operational issues", tabled 21 December 2018, received out of session and authorised to be printed on 25 January 2019.

13. Response to Report No. 1 of the Public Works Committee entitled "Sydney stadiums strategy", tabled 27 September 2018, received out of session and authorised to be printed on 25 January 2019.

14. A further response to Report No. 1 of the Regulation Committee entitled "Environmental Planning and Assessment Amendment (Snowy 2.0 and Transmission Project) Order 2018", tabled 29 June 2018, received out of session and authorised to be printed on 12 February 2019.

15. Response to report of the Select Committee on Landowner Protection from Unauthorised Filming or Surveillance entitled "Landowner protection from unauthorised filming or surveillance", tabled 25 October 2018, received out of session and authorised to be printed on 20 February 2019.

16. Response to Report No. 3/56 of the Committee on the Health Care Complaints Commission entitled "Review of the Health Care Complaints Commission Annual Report 2016/17", tabled 26 October 2018, received out of session and authorised to be printed on 26 February 2019.

MESSAGE FROM THE GOVERNOR

The President reported a message from Her Excellency the Governor concerning the holding of a Joint Sitting to fill the two casual vacancies in the Legislative Council at 3.45 pm.

MESSAGE FROM THE LEGISLATIVE ASSEMBLY—JOINT SITTING

The President reported receipt of a message from the Legislative Assembly regarding a joint sitting to fill the vacancy in the Senate caused by the resignation of Senator David Leyonhjelm.

Mr Harwin moved: That this House agrees to meet the Legislative Assembly for the purpose of sitting and voting together to choose a person to hold the place in the Senate rendered vacant by the resignation of Senator David Leyonhjelm, in the Legislative Council Chamber, this day immediately following the Joint Sitting to fill two casual vacancies in the Legislative Council.

​The President made a statement regarding party membership changes.

​Mr Harwin moved: That on Wednesday 8 May 2019, proceedings be interrupted at approximately 4.30 pm to enable the Honourable Mark Latham to make his first speech without any question before the Chair.

Mr Harwin, by leave, moved Business of the House, Notices of Motions 2 to 23, in globo.

​Mr Harwin moved Business of the House Notice of Motion No. 24 relating to the sitting calendar.

Mr Searle moved: That the question be amended by omitting paragraph 2 and inserting instead:

"2.     That, unless otherwise ordered, for the purposes of the Budget Estimates inquiry 2019 - 2020: 

1. initial hearings be scheduled over 12 days from 29 to 30 August, 2 to 6 September and 9 to 13 September 2019, and
    
2. supplementary hearings be scheduled over five days from 28 October to 1 November 2019."

Motion, as amended:

Agreed to

Agreed to

​Mr Harwin moved Business of the House Notice of Motion No. 25 relating to scheduling of government and general business.

Mr Searle moved: That the question be amended by:

1.       omitting "and after the conclusion of general business on Thursday" in paragraph 1.

2.       omitting "until half an hour after the conclusion of Questions" in paragraph 2

Motion, as amended:

​

Agreed to

Agreed to

​Mr Harwin moved Business of the House Notice of Motion No. 26 relating to scheduling of questions.

Mr Searle moved: That the question be be amended by:

1.       omitting '2.30 pm' in paragraph 1 and inserting instead '12.00 noon'

2.       inserting 'from the next sitting day' at the end of paragraph 1.

Motion, as amended:

​

Agreed to

Agreed to

​Mr Harwin moved Business of the House Notice of Motion No. 27 relating to the motion for adjournment.

Mr Searle moved: That the question be amended by:

1.       omitting "proceedings must be interrupted at 10.00 pm on Tuesday and Wednesday, half an hour after the conclusion of Questions on Thursday and at the conclusion of Questions on Friday" in paragraph 1, and inserting instead "proceedings must be interrupted at 10.00 pm on Tuesday, Wednesday and Thursday".

2.       inserting after paragraph 1:

2.       That, notwithstanding anything to the contrary in the standing orders, during the current session:

(a)     If the motion for the adjournment has not been moved by a minister before midnight on a sitting day, the President shall propose the question that the House do now adjourn, and that question shall be open to debate.

(b)     If at that time:

(i)      a vote or division is in progress, the vote will be completed and the result announced before the business is interrupted,

(ii)     a question is before the House, the President is to interrupt proceedings, and resumption of debate on that question is to be made an order of the day for a later hour of the day without any question being put, and

(iii)    the House is in committee, the chair shall leave the chair and report progress to the House, and on such a report being made the President shall forthwith propose the question that the House do now adjourn, and that question shall be open to debate.

(c)     Debate on the question for the adjournment shall not exceed 30 minutes, when a Minister wishes to speak or is then speaking, at the conclusion of the Minister's remarks, and a member shall not speak to that question for more than 5 minutes.

3.       That, during the current session, standing order 31 be varied to read:

31.    Adjournment of the House

(1)     Except where the Standing Orders provide for the President or Clerk to adjourn the House without putting a question, the House can be adjourned only by its own resolution.       

(2)     The adjournment of the House to terminate the sitting may be moved at any time by a Minister.

(3)     The motion for the adjournment of the House to terminate the sitting may not be amended.

(4)     That on the motion for adjournment to terminate a sitting on Tuesday, Wednesday or Thursday the question will be put no later than 30 minutes after the motion has been moved, or, when a Minister wishes to speak or is then speaking, at the conclusion of the Minister's remarks.

(5)     If, before the days and hours of sitting have been appointed by the House, an adjournment takes place without the day and hour being fixed for meeting, the House will meet on the days and at the hour appointed in the previous session.

(6)     Whenever the House is adjourned for lack of a quorum to the next sitting day, and that day is a general holiday or public holiday, the House will stand adjourned to the following sitting day.

Motion, as amended:

​

Agreed to

Agreed to

​Mr Harwin moved Business of the House Notice of Motion No. 28 relating to scheduling and and duration of debate on committee reports.

Mr Borsak moved: That the question be amended by:

1.       omitting "debate on committee reports" and inserting instead "debate on committee reports and government responses" in paragraph 1, and

2.       omitting all words in paragraph 2 and inserting instead:

          That during the current session, standing order 232 be varied to read:

232.        Debate on committee reports

(1)     On tabling of a report from a committee, a motion may be moved without notice "That the House take note of the report".

(2)     On a Minister tabling, or the Clerk reporting receipt of a government response to a committee report:

(a)     a motion may be moved without notice "That the House take note of the government response". The debate must be then be immediately adjourned, or

(b)     a notice of motion to take note of the government response is to be placed on the Notice Paper before orders of the day for committee reports and government responses, and when moved, the debate must be immediately adjourned.

(3)     Resumption of debate on a motion moved under this sessional order will be set down on the Notice Paper for the next sitting day that debate on committee reports and government responses takes precedence.

(4)     The interrupted debate is to stand adjourned and be set down on the business paper for the next day on which it has precedence.

(5)     Each speaker in the debate on committee reports and government responses is to be limited to 10 minutes, except the mover who is allowed 15 minutes and a further 10 minutes in reply.

Motion, as amended:

​

Agreed to

Agreed to

​Mr Harwin moved Business of the House Notice of Motion No. 29 relating to time limits on government bills.

Mr Borsak moved: That the question be amended by omitting ", and the lead Opposition speaker" in paragraph 1 (a) and inserting instead ", the lead Opposition speaker and the first cross bench member".

Motion, as amended:

​

Agreed to

Agreed to

​​Mr Harwin moved Business of the House Notice of Motion No. 31 relating to electronic participation.

Mr Borsak moved: That the question be amended by omitting paragraph 3.

Motion, as amended:

​

Agreed to

Agreed to

​Agreed to

​Mr Shoebridge moved Business of the House Notice of Motion No. 37 relating to supplementary questions.

Mr Shoebridge, by leave, amended his motion as follows:

1.       Insert after 'That' the words ', from the next sitting day and'.

2.       In paragraph 3, insert 'under this order' after 'question time'.

3.        In paragraph 5, omit 'The reply' and insert instead 'The written reply'.

Motion, as amended:

​

Agreed to

Agreed to

VACANT SEATS IN THE LEGISLATIVE COUNCIL

The President announced that at a joint sitting of the two Houses held this day, Rose Jackson was elected to fill the vacant seat in the Legislative Council caused by the resignation of the Honourable Lynda Voltz and the Honourable Ben Franklin was elected to fill his own vacancy.

The President then tabled the Minutes of Proceedings of the joint sitting.

Ordered: That the document be printed

VACANT SEAT IN THE REPRESENTATION OF THE STATE IN THE SENATE

The President announced that at a joint sitting of the two Houses held this day, Duncan Spender was elected to fill the vacant seat in the Senate of the Commonwealth of Australia, caused by the resignation of Senator David Leyonhjelm.

The President then tabled the Minutes of Proceedings of the joint sitting.

Ordered: That the document be printed

Mrs Taylor made a personal explanation relating to an answer given in Question time this day.

Mr Searle moved Business of the House item no. 38 relating to Parliamentary Secretaries.

​Mr Searle moved Business of the House item no. 40 relating to questions to Ministers and other members.

Mr Searle, by leave, moved: That the motion be amended by omitting "four" and inserting instead "three" in paragraph 6.

​Agreed to

​Mr Latham gave his first speech.

Resumption of the interrupted debate on the question of Mr Shoebridge: That Business of the House item no. 41 be agreed to.

Question resolved in the affirmative.

​Agreed to

Ayes: 24  / Noes:  15

(Division no. 1 in the House)

​Mr Shoebridge moved Business of the House item no. 44 relating to the timeframe for providing answers to questions on notice.

​Mr Harwin moved Government Business notice of motion no. 1 relating to a Magistrate to attend at the Bar of the House.

​​​Mr Harwin moved Government Business notice of motion no. 3 relating to the appointment of the Privileges Committee.

Mr Searle moved that the motion be amended by:

1. Omit paragraph 3.
   
2. Omit paragraph 5 and insert instead:

'Chair and Deputy Chair

5.       (1)     The committee is to elect the Chair and Deputy Chair in accordance with the standing orders.

          (2)     The Chair of the committee is to be a non-government member.'

Motion, as amended:

​

Agreed to

Agreed to

​Mr Harwin sought leave to amend Government business notice of motion no. 4 relating to the appointment of the subject standing committees:

1. Omit paragraph 10 and insert instead:

Membership

10.          Each committee is to consist of eight members, comprising:

(a)          four government members,

(b)         two opposition members, and

(c)          two crossbench members.'

Upon which Mr Shoebridge moved that the motion be amended:

1. Omit paragraph 9.
    
2. Omit paragraph 10 and insert instead:

Membership

10.          Each committee is to consist of eight members, comprising: 

(a)          four government members,

(b)         two opposition members, and

(c)          two crossbench members.'

3.         Insert after paragraph 14 (c):        

'(d)    the sequence of questions to be asked at hearings is to alternate between government, opposition and crossbench members, in order determined by the committee, with equal time allocated to each,'.

4.         In paragraph 4 (b) omit 'once' and insert instead 'every two years'.

Motion, as amendwed:

​

Agreed to

Agreed to

Agreed to

​​Mr Harwin moved Government Business notice of motion no. 5 relating to the appointment of the Selection of Bills Committee.

Mr Searle moved that the motion be amended by:

1. '(c) one member from each crossbench party.'
2. Omit paragraph 7 and insert instead:
   'Chair and Deputy Chair

7.  The Government Whip is to be the Chair of the committee and the Opposition Whip is to be the Deputy Chair of the committee.'

Motion, as amended:

​

Agreed to

Agreed to

​​​Mr Harwin moved Government Business notice of motion no. 6 relating to the appointment of the Regulation Committee.

Mr Borsak moved that the motion be amended by:

1. Omit paragraph 5. 
2. Omit paragraph 7 and insert instead:

'Chair and Deputy Chair

7. (1)     The committee is to elect the Chair and Deputy Chair in accordance with the standing orders.

    (2)     The Chair of the committee is to be a non-government member.'

3. Insert after paragraph 10 (c):

 '(d)    the sequence of questions to be asked at hearings is to alternate between government, opposition and crossbench members, in order determined by the committee, with equal time allocated to each,'.

Motion, as amended:

 Agreed to

Agreed to

​​​​Mr Harwin moved Government Business notice of motion no. 7 relating to the appointment of the Public Accountability Committee.

Mr Shoebridge moved that the motion be amended by:

1. Omit paragraphs 5 to 10 and insert instead the following new paragraphs:

    'Referral of inquiries

5. The committee:             

(a) is to inquire into and report on any matter relevant to the functions of the committee which is referred to the committee by resolution of the House, and

(b) may self-refer an inquiry into any matter relevant to the functions of the committee.

 6. A committee meeting to consider a self-reference under paragraph 5(b) must be convened at the request of any three committee members in writing to the Committee Clerk.

7. The Committee Clerk must convene a meeting within seven days of the receipt of the request, providing that members are given at least 24 hours' notice.

8. A majority of committee members is required to adopt the self reference.

9. Whenever a committee resolves to self refer a matter, the terms of reference are to be reported to the House on the next sitting day.'

Motion, as amended:

​

Agreed to

Agreed to

​Mr Harwin moved Government Business notice of motion no. 8 relating to the appointment of the Public Works Committee.

Mr Borsak moved that the motion be amended by:

1.   Omit paragraphs 4 to 8 and insert instead the following new paragraphs:

'Referral of inquiries

4.   The committee:

1. is to inquire into and report on any matter relevant to the functions of the committee which is referred to the committee by resolution of the House, and
2. may self-refer an inquiry into any matter relevant to the functions of the committee.

5.  A committee meeting to consider a self-reference under paragraph 4(b) must be convened at the request of any three committee members in writing to the Committee Clerk.

6.  The Committee Clerk must convene a meeting within seven days of the receipt of the request, providing that members are given at least 24 hours' notice.

7.  A majority of committee members is required to adopt the self reference.

8.  Whenever a committee resolves to self refer a matter, the terms of reference are to be reported to the House on the next sitting day.'

2.  Omit paragraph 9 (c) and insert instead:

      '(c)       two crossbench members,'.

3.   Omit paragraph 10 and insert instead:

        'Chair and Deputy Chair

10.   (1)     The committee is to elect the Chair and Deputy Chair in accordance with the standing orders.

        (2)     The Chair of the committee is to be a non-government member.

Motion, as amended:

Agreed to

Agreed to

​Mr Harwin moved Government Business notice of motion no. 10 relating to the appointment of the Portfolio Committees.

Mr Searle moved that the motion be amended by:

1.  Omit paragraph 1 and insert instead:

      'Appointment

1.    Seven portfolio committees reflecting government ministers' portfolio responsibilities be appointed as follows:

(a)     Portfolio Committee No. 1 – Premier and Finance

Premier

Treasury

Special Minister of State, Public Service and Employee Relations, Aboriginal Affairs and the Arts

Finance and Small Business

Jobs, Investment, Tourism and Western Sydney

The Legislature

(b)     Portfolio Committee No. 2 – Health

Health and Medical Research

Mental Health, Regional Youth and Women

(c)     Portfolio Committee No. 3 – Education

Education and Early Childhood Learning

Skills and Tertiary Education

(d)     Portfolio Committee No. 4 – Industry

Regional New South Wales, Industry and Trade

Agriculture and Western New South Wales

Water, Property and Housing

(e)     Portfolio Committee No. 5 – Legal Affairs

Attorney General and Prevention of Domestic Violence

Police and Emergency Services

Counter Terrorism and Corrections

Sport, Multiculturalism, Seniors and Veterans

Families, Communities and Disability Services

(f)     Portfolio Committee No. 6 – Transport and Customer Service

Regional Transport and Roads

Transport and Roads

Customer Service

Better Regulation and Innovation

(g)     Portfolio Committee No. 7 – Planning and Environment

Planning and Public Spaces

Energy and Environment

Local Government.'

2. Omit paragraphs 2 to 7 and insert instead:

'Referral of inquiries

1. A committee:

1. is to inquire into and report on any matter relevant to the functions of the committee which is referred to the committee by resolution of the House, and
    
2. may self-refer an inquiry into any matter relevant to the public administration of portfolios allocated to the committee. 

3.       A committee meeting to consider a self-reference under paragraph 2(b) must be convened at the request of any three committee members in writing to the Committee Clerk.

4.       The Committee Clerk must convene a meeting within seven days of the receipt of the request, providing that members are given at least 24 hours' notice.

5.       A majority of committee members is required to adopt the self reference.

6.       Whenever a committee resolves to self refer a matter, the terms of reference are to be reported to the House on the next sitting day.'

3.  Insert after paragraph 8 the following new paragraph:

    'Chair and Deputy Chair

  9.  (1)     The committee is to elect the Chair and Deputy Chair in accordance with the standing orders.

        (2)        The Chair of the committee is to be a non-government member.'

Motion, as amended:

​

Agreed to

Agreed to

​Mr Searle moved: That standing and sessional orders be suspended to allow private members' business item no. 15 outside the order of precedence be called on forthwith.

Mr Searle moved that the motion be agreed to:

1.   That on tabling, the Budget Estimates and related papers for the financial year
2019 – 2020 presenting the amounts to be appropriated from the Consolidated Fund be referred to the Portfolio Committees for inquiry and report.

2.    That for the purposes of the Budget Estimates inquiry 2019 - 2020:   

(a)     initial hearings be scheduled over 12 days from 29 to 30 August, 2 to 6 September and 9 to 13 September 2019, with the examination of portfolios on those days to be specified by further resolution of the House,

(b)    supplementary hearings be scheduled over five days from 28 October to 4 November 2019, with the examination of portfolios on those days to be specified by further resolution of the House,

(c)     further hearings be scheduled over 12 days from 6 to 7 February, 10 to 14 February and 17 to 21 February 2020, with the examination of portfolios on those days to be specified by further resolution of the House.

(d)     each scheduled day for the initial and supplementary rounds of hearings will begin at 9.30 am and conclude by 8.30 pm, with ministers, parliamentary secretaries and officers giving evidence in the morning sessions and officers giving further evidence during the afternoon sessions,

(e)   the committees must hear evidence in public,

(f)    the committees may ask for explanations from ministers, parliamentary secretaries or officers of departments, statutory bodies or corporations, relating to the items of proposed expenditure,

(g)  witnesses, including ministers, may not make an opening statement before the committee commences questions,

(h)   members may lodge supplementary questions with the committee clerk by 5.00 pm within two days, excluding Saturday and Sunday, following a hearing,

(i)   answers to questions on notice and supplementary questions are to be published, except those answers for which confidentiality is requested, after they have been circulated to committee members, and

(j)  committees are to present a final report to the House by 30 June 2020.

3.   That this House resolve to adopt a revised schedule for future budget estimates inquiries similar to the Senate estimates process comprised of:

(a)   an initial round of estimates hearings over 12 days on the tabling of the Budget Estimates and related papers,

(b)  supplementary hearings scheduled over five days in October or November of that year, and

(c)  further hearings scheduled over 12 days in February or March of the following year.

Mr Mookhey moved an amendment.

Motion, as amended:

​Agreed to

Agreed to

Agreed to

Agreed to.

The House adjourned at 6.54 pm until Tuesday 28 May 2019 at 2.30 pm.