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Other (Moved by Labor) - Motion to extend the scope of potential amendments to the bill to include matters relating to gender.
Tuesday, 20 November 2018 - Bill, Justice and Related Legislation (Marriage Amendments) Bill 2018

Subject of Debate

A Motion being made and the Question being proposed – That pursuant to Standing Order 279, the Committee of the whole House be instructed to consider provision for the necessary amendments to the Justice and Related Legislation (Marriage Amendments) Bill 2018 in respect of matters relating to gender (Ms Haddad).

Supported

Greens, Hickey, Labor

Opposed

Liberals

Other Passed

 

 

Amendment (Moved by Labor) - Amendment to introduce new clauses A, B and C which reintroduce protections for transgender people in the Anti-Discrimination Act 1998.
Tuesday, 20 November 2018 - Bill, Justice and Related Legislation (Marriage Amendments) Bill 2018

Amendment

New Clauses A, B and C brought up by Ms Haddad and read the First time as follows:

 

Clause A: Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) Insert:

gender expression means any personal physical expression, appearance (whether by way of medical intervention or not), speech, mannerisms, behavioural patterns, names and personal references that manifest or express gender or gender identity

(b) Amend the definition of gender identity by; 

(i)              inserting the words “including gender expression” after “an individual”; and

(ii)                            omitting the words “includes transsexualism and transgenderism” and substituting “may include being transgender or transsexual”.

(c) Omit the definition of intersex

(d) Insert:

sex characteristics means a person’s physical, hormonal or genetic features relating to sex, including genitalia and other sexual and reproductive anatomy, chromosomes, genes, hormones, and secondary sex characteristics;

(e) In the definition of transgender after (b) add:

or

(c) identifies themselves as a member of another gender, and lives or seeks to live as a member of that gender;

(f) Repeal the definitions of;

transgenderism; and

transsexualism.

 

Clause B: Section 16 amended (Discrimination on ground of attribute)

Section 16 of the Principal Act (Anti-Discrimination Act 1998) is amended as follows:

by inserting in subsection (eb) “variations of sex characteristics” after “intersex”

 

Clause C: Section 19 amended (Inciting hatred)

Section 19 of the Principal Act is amended as follows:

Leaving out the full stop at the end of subsection (d) and substituting

; or

(e) the gender identity or intersex variations of sex characteristics of the person or any member of the group.

Question put – That the new Clauses A, B and C be read the Second time and made part of the Bill to follow Clause 8;

Supported

Greens, Hickey, Labor

Opposed

Liberals

Amendment Passed

 

 

Clause (Moved by Liberals) - Vote on clause 9.
Tuesday, 20 November 2018 - Bill, Justice and Related Legislation (Marriage Amendments) Bill 2018

Supported

Liberals

Opposed

Greens, Hickey, Labor

Clause Negatived

 

 

Amendment (Moved by Greens) - Amendment forming part of a new framework for changing gender on a birth certificate.
Tuesday, 20 November 2018 - Bill, Justice and Related Legislation (Marriage Amendments) Bill 2018

Amendment

Clause D: Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

Insert:

gender means:

the apparent sex of an infant specified by the parent; or

the gender identity of the person as specified on a gender affirmation declaration;

(b) Insert:

gender affirmation declaration means a statutory declaration in which the declarant affirms the declarant’s gender identity.

(c) Definition of recognition certificate

Repeal the definition, substitute

recognition certificate means a certificate that –

(a) is issued under a law of another state or territory that recognises that a person may have changed sex or gender; and

(b) is issued in respect of a person who has changed sex or gender; and

(c) states the sex or gender of that person as so changed;

(d) Definition of sexual reassignment surgery, is repealed

(e) Insert:

sex characteristics means a person’s physical, hormonal or genetic features relating to sex, including genitalia and other sexual and reproductive anatomy, chromosomes, genes, hormones, and secondary sexual characteristics.

Supported

Greens, Hickey, Labor

Opposed

Liberals

Amendment Passed

 

 

Amendment (Moved by Labor) - Amendment forming part of a new framework for changing gender on a birth certificate.
Tuesday, 20 November 2018 - Bill, Justice and Related Legislation (Marriage Amendments) Bill 2018

Amendment

New Clauses E and F brought up by Ms Haddad and read a First time as follows:

 

Clause E: Section 11 amended (Notification of birth)

Subsection 11(3) new subclause inserted

After subsection (3)(a) of the Principal Act the following paragraph is inserted:

(aa) in the case of a live birth where variations of sex characteristics do not allow an easy assignment of gender, within 120 days of birth; or

 

Clause F: Section 15 amended (Obligation to have birth registered)

Subsection 15(1) amended

Section 15 of the Principal Act is amended as follows:

   By omitting subsection (1) and substituting

(1)       A person responsible for having the birth of a child registered must ensure that a birth registration statement is lodged with the Registrar:

(a)          within 60 days after the date of the birth; or

(b)          in the case of a live birth where variations of sex characteristics do not allow for an easy assignment of gender, within 120 days of birth.

Penalty: Fine not exceeding 10 penalty units.

Supported

Greens, Hickey, Labor

Opposed

Liberals

Amendment Passed

 

 

Amendment (Moved by Greens) - Amendment forming part of a new framework for changing gender on a birth certificate.
Tuesday, 20 November 2018 - Bill, Justice and Related Legislation (Marriage Amendments) Bill 2018

Amendment

New Clause G was brought up by Ms O’Connor and read the First time as follows:

 

Clause G: Section 16 amended (Registration)

Subsection 16(3) inserted

After Subsection 16(2) of the Principal Act the following subsection is inserted:

(3) The Registrar may only collect information about sex or gender under section 50 of this Act, except as otherwise allowed under Part 4A.

Supported

Greens, Hickey, Labor

Opposed

Liberals

Amendment Passed

 

 

Clause (Moved by Liberals) - Vote on clause 12.
Tuesday, 20 November 2018 - Bill, Justice and Related Legislation (Marriage Amendments) Bill 2018

Supported

Liberals

Opposed

Greens, Hickey, Labor

Clause Negatived

 

 

Amendment (Moved by Labor) - Amendment forming part of a new framework for changing gender on a birth certificate.
Tuesday, 20 November 2018 - Bill, Justice and Related Legislation (Marriage Amendments) Bill 2018

Amendment

New Clause H was brought up by Ms Haddad and read the First time as follows:

 

Clause H: Part 4 amended (change of name)

Part 4 of the Principal Act is amended as follows:

(a)             Section 23 of the Principal Act is amended by omitting “An adult person” and substituting “A person of 16 years or over”.

(b)             Section 24(1) of the Principal Act is amended by adding the words “under the age of 16 years” after “The parents of a child”.

(c)             Section 24(2) of the Principal Act is amended by adding the words “under subsection (1)” after “one parent”.

(d)             Section 24(3) of the Principal Act is amended by:

(i)            adding “under subsection (1)” after “a proposed change of name for the child”;

(ii)          omitting “if satisfied that the change is in the child’s best interest” and substituting “is satisfied that the change is consistent with the child’s will and preferences”.

(e)             Section 26 of the Principal Act is amended by adding after subsection (3):

(4)                          If a change of name is registered under this Part in any respect of any person, a birth certificate issued by the Registrar for the person is to show the person’s name as registered without any notation or indication that the person was previously registered as having another name unless a request is made under subsection (5).

(5)           If requested by the person whose details are registered, the Registrar may issue an extract from the Register which shows the person’s name as registered with a notation that the person was previously registered as having another name.

Supported

Greens, Hickey, Labor

Opposed

Liberals

Amendment Passed

 

 

Amendment (Moved by Greens) - Amendment forming part of a new framework for changing gender on a birth certificate.
Tuesday, 20 November 2018 - Bill, Justice and Related Legislation (Marriage Amendments) Bill 2018

Amendment

New Clause I was brought up by Ms O’Connor and read the First time as follows:

 

Clause I: Part 4A replaced (Registration of change of gender)

Part 4A of the Principal Act is repealed and replaced with the following new Part 4A.

PART 4A – Inclusion of gender information, change or deletion of gender

28A. Inclusion of gender information

(1)           A person aged 16 years or more, on providing their gender affirmation declaration to the Registrar, may apply to the Registrar for inclusion of gender information under Section 50 of this Act.

(2)           The parents of a child aged under 16 years whose birth is registered in the State may apply to the Registrar, in a form approved by the Registrar, for inclusion of gender information under Section 50 of this Act.

(3)       An application for inclusion of gender information for a child under the age of 16 years may be made by one parent or guardian if –

(a)          the applicant is the sole parent named in the registration of the child's birth under this Act or any other law; or

(b)          the applicant is the sole guardian of the child; or

(c)          there is no other surviving parent of the child; or

(d)          a magistrate approves the proposed collection and retention of gender under subsection (4).

(4)           A magistrate may, on application by a parent of a child under 16 years, approve inclusion of gender information for the child if satisfied that the change is in accordance with the requirements under section 28B(a).

28B.       Child’s consent to the gender included

For the purposes of 28A, gender information of a person under the age of 16 years must not be included unless –

(a)           the gender to be included is consistent with the will and preferences of the person; or

(b)           the person is unable to understand the meaning and implications of the gender to be included.

28C.       Application to register change or removal of sex or gender from the Register

(1)           A person aged 16 years or more whose birth is entered in the Register who has made a gender affirmation declaration and provided it to the Registrar may apply to the Registrar for a change of that person's registered sex or gender to record current gender, or removal of sex or gender information from the Register.

(2)           The parents of a person under 16 years whose birth is registered in the State may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the person's sex or gender to record current gender or removal of sex or gender information from the Register.

(3)       An application for registration of a change or deletion of the sex or gender information of a person under 16 years may be made by one parent if –

(a)          the applicant is the sole parent named in the registration of the person's birth under this Act or any other law; or

(b)          the applicant is the sole guardian of the person; or

(c)          there is no other surviving parent of the person; or

(d)          a magistrate approves the proposed change of gender under subsection (4).

(4)       A magistrate may, on application by a parent of a person under 16 years, approve a proposed:

(a)          change of registered sex to current gender; or

(b)          change of registered gender; or

(c)          removal of sex or gender information;

for the person if satisfied that the change is in accordance with the person's will and preferences.

(5)       For the purposes of subsection (4), the will and preferences of the person are to be ascertained by the Magistrate from the person’s gender affirmation declaration or by the Magistrate asking the person.

28D.       Application to be accompanied by documents

An application under section 28A or section 28C is to be accompanied by –

(a)          for a person aged 16 years or over, a gender affirmation declaration; or

(b)          from a parent or guardian for a person aged under 16 years:

(i)           an application in a form approved by the Registrar; and

(ii)          where the person is able to make a gender affirmation declaration, that gender affirmation declaration;

(c)          any other document or information that the Registrar reasonably requires, but the Registrar must not require any form of medical certificates or other medical documentation relating to sex or gender.

28E.        Registration of inclusion or change of gender information

(1)              On receipt of an application under section 28A or section 28C, the Registrar must –

(a)          ensure gender information is collected under section 50; or

(b)          register the change of registered sex or gender to the current gender by making an entry of the change in the Register; or

(c)          refuse to register the change.

(2)              Should the Registrar refuse the application under paragraph (1)(c), the reason for refusal must be documented, and the decision may subsequently be –

(a)          reconsidered by the Registrar; or

(b)          reviewed by a magistrate under section 53;

on receipt of a request for review from the applicant.

(3)                             In determining whether or not to note the particulars of a change of gender, the Registrar may require the person or persons who signed the application to provide further particulars as the Registrar reasonably requires, other than those excluded under section 28D(c).

28F.        Issue of birth certificate after change of gender

(1)       If the sex or gender information registered is changed under this Part in respect of any person, a birth certificate issued by the Registrar for the person is –

(a)          not to show any sex or gender information; or

(b)          at the request of the applicant, to show the person's gender as registered without any notation or indication that the person was previously registered as of another sex or gender unless a request is made under subsection (2).

(2)          If requested by the person whose details are registered, the Registrar may issue an extract from the Register which shows the person's gender as registered with a notation that the person was previously registered as of another sex or gender.

28G.      Issue of birth certificate to those other than the person concerned or a person with parental authority

The child of a person for whom the sex or gender information registered has been changed under this Part, or a prescribed person, may apply to the Registrar, in a form approved by the Registrar clearly stating the reasons for this request, for a birth certificate of the person that shows the person's sex or gender before the change of gender, and if –

(a)              the Registrar is satisfied that there is a valid reason for releasing private information; and

(b)              the Registrar is satisfied that the person is unable to consent to the disclosure due to death or incapacity; and

(c)              there are unlikely to be negative consequences to the person concerned; then –

the Registrar may issue the birth certificate to the child or prescribed person showing the person's sex or gender as previously registered with a notation that the person has been subsequently registered as of another gender.

28H.       Effect of recording of change of gender

(1)           Where a person's change of gender is recorded under this Part, the person is, for the purposes of, but subject to, any law in force in this State, a person of the gender as so changed.

(2)           Any reference to a person’s sex in any law in force in this State is deemed to be a reference to the person’s gender as recorded under this Part.

(3)           A person's change of gender does not affect any relationship of that person arising by consanguinity or by operation of law.

28I.         Recognition of certificates issued outside Tasmania

A person in respect of whom there is a recognition certificate is taken to be, for the purposes of, but subject to, any law in force in this State, a person of the sex or gender stated in the recognition certificate.

28J.        Saving for rights of persons who have changed or deleted their sex or gender information

(1)           A person who is entitled as a beneficiary –

(a) under a will; or

(b) under a trust; or

(c) otherwise by operation of law –

does not, except as may be otherwise provided under the will, the trust or by the law conferring the entitlement, forfeit any right or entitlement by reason only of the fact that he or she is a person whose change of sex or gender information to record current gender is registered or recognised under this Part.

(2)           Subsection (1) does not operate so as to confer any right or entitlement that would not exist apart from that subsection.

28K.       Historical records to be kept

(1)          Historical records of information changed or removed under this Part are to be maintained in a manner determined by the Registrar.

(2)          Subsection (1) notwithstanding, the Registrar is to ensure that, as far as is practicable, historical records referred to in subsection (1) are recorded and managed in a way that makes it clear that they are not to be taken to be relevant to an individual’s identity.

Supported

Greens, Hickey, Labor

Opposed

Liberals

Amendment Passed

 

 

Clause (Moved by Liberals) - Vote on Clause 13.
Tuesday, 20 November 2018 - Bill, Justice and Related Legislation (Marriage Amendments) Bill 2018

Supported

Liberals

Opposed

Greens, Hickey, Labor

Clause Negatived

 

 

Amendment (Moved by Labor) - Amendment forming part of a new framework for changing gender on a birth certificate.
Tuesday, 20 November 2018 - Bill, Justice and Related Legislation (Marriage Amendments) Bill 2018

Amendment

New Clause J brought up by Ms Haddad and read the First time as follows:

 

Clause J: Section 40 amended (the Register)

Section 40 of the Principal Act is amended as follows:

   After subsection 40(1) insert:

(1A)        If required under Part 4A, sex or gender information may be included or changed or deleted on the Register, and may be included under section 50.

Supported

Greens, Hickey, Labor

Opposed

Liberals

Amendment Passed

 

 

Amendment (Moved by Labor) - Amendment forming part of a new framework for changing gender on a birth certificate.
Tuesday, 20 November 2018 - Bill, Justice and Related Legislation (Marriage Amendments) Bill 2018

Amendment

New Clause K was brought up by Ms Haddad and read the First time as follows:

 

Clause K: Section 46 amended (Issue of certificate)

Section 46 of the Principal Act is amended as follows:

                  After Section 46(1), insert

(1A)    Information about sex or gender may only be included on any certificate if requested by:

(a)          a person 16 years or over, to whom the certificate relates, or

(b)          if the person is under 16 years, by a person referred to in section 28A(2) or section 28A(3) of this Act.

(1B)        The gender included is to be:

(a)          the gender as determined under section 28A or section 28C of this Act; or

(b)          if requested, the sex or gender previously listed on the Register or collected under section 50.

Supported

Greens, Hickey, Labor

Opposed

Liberals

Amendment Passed

 

 

Amendment (Moved by Greens) - Amendment forming part of a new framework for changing gender on a birth certificate.
Tuesday, 20 November 2018 - Bill, Justice and Related Legislation (Marriage Amendments) Bill 2018

Amendment

New Clause L was brought up by Ms O’Connor and read the First time as follows:

 

Clause L: Section 51 amended (Additional services)

Section 51 of the Principal Act is amended by inserting after subsection 51(1):

(1A)    Despite anything contrary in the Act, the Registrar may provide information about the gender of a person as registered or collected under section 50:

(a)          in respect of a living person, to a person eligible to make an application under section 44, or

(b)          in respect of a deceased person born at least 100 years earlier.

Supported

Greens, Hickey, Labor

Opposed

Liberals

Amendment Passed

 

 

Third Reading (Moved by Liberals) - Bill passed with substantial amendment.
Tuesday, 20 November 2018 - Bill, Justice and Related Legislation (Marriage Amendments) Bill 2018

Supported

Greens, Hickey, Labor

Opposed

Liberals

Third Reading Passed

 

 

Amendment (Moved by Liberals) - Amendment replacing the call for reporting on roundtables with the details of past and future public forums.
Wednesday, 21 November 2018 - Motion, Rountable Discussions With Health Professionals

Amendment

Amendment proposed (Minister for Health) by leaving out paragraphs (3), (4) and (5) and inserting instead:

(3)          Further notes that the Minister for Health, Hon Michael Ferguson MP, held public forums in Burnie, Devonport, Launceston and Hobart, from 22 October 2018 to 24 October 2018.

(4)          Further notes that these forums were publicly advertised and well attended by health professionals and other stakeholder groups, but most importantly by members of Tasmanian public.

(5)          Further notes the Government will continue this public engagement and hold public forums again in the second half of next year in all regions of Tasmania, with all Members of Parliament welcome, along with the Tasmanian community, and update will be provided to the House on the outcome of the forums.

Original Motion

That the House:—

(1)          Notes that on 17 October 2018 the House unanimously passed a motion calling on the Premier, Hon. Will Hodgman MP to “include representatives from all sides of politics in state-wide roundtable discussions with health professionals, unions and stakeholder groups between now and the end of 2018.”

(2)          Further notes that groups including the Australian Medical Association and the Australian Nursing and Midwifery Federation have supported the concept of all sides of politics working together to address the health crisis.

(3)          Further notes that as of 20 November 2018 no dates had been set for the roundtables.

(4)          Calls on the Premier to immediately provide the House with the details of when the roundtable meetings will occur.

(5)          Orders the Premier to report to the House on the outcomes of the roundtables by 12 March, 2019.

Supported

Hickey, Liberals

Opposed

Greens, Labor

Amendment Passed

 

 

Final Motion (Moved by Labor) - Motion passed with significant amendment.
Wednesday, 21 November 2018 - Motion, Rountable Discussions With Health Professionals

Final Motion

That the House:—

(1)          Notes that on 17 October 2018 the House unanimously passed a motion calling on the Premier, Hon. Will Hodgman MP to “include representatives from all sides of politics in state-wide roundtable discussions with health professionals, unions and stakeholder groups between now and the end of 2018.”

(2)          Further notes that groups including the Australian Medical Association and the Australian Nursing and Midwifery Federation have supported the concept of all sides of politics working together to address the health crisis.

(3)          Further notes that the Minister for Health, Hon Michael Ferguson MP, held public forums in Burnie, Devonport, Launceston and Hobart, from 22 October 2018 to 24 October 2018.

(4)          Further notes that these forums were publicly advertised and well attended by health professionals and other stakeholder groups, but most importantly by members of Tasmanian public.

(5)          Further notes the Government will continue this public engagement and hold public forums again in the second half of next year in all regions of Tasmania, with all Members of Parliament welcome, along with the Tasmanian community, and update will be provided to the House on the outcome of the forums.

Original Motion

That the House:—

(1)          Notes that on 17 October 2018 the House unanimously passed a motion calling on the Premier, Hon. Will Hodgman MP to “include representatives from all sides of politics in state-wide roundtable discussions with health professionals, unions and stakeholder groups between now and the end of 2018.”

(2)          Further notes that groups including the Australian Medical Association and the Australian Nursing and Midwifery Federation have supported the concept of all sides of politics working together to address the health crisis.

(3)          Further notes that as of 20 November 2018 no dates had been set for the roundtables.

(4)          Calls on the Premier to immediately provide the House with the details of when the roundtable meetings will occur.

(5)          Orders the Premier to report to the House on the outcomes of the roundtables by 12 March, 2019.


Final Motion Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Wednesday, 21 November 2018 - Bill, Roads and Jetties Amendment (Management of State Highways in Cities) Bill 2018


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Wednesday, 21 November 2018 - Bill, Mental Health Amendment Bill 2018


Third Reading Passed

 

 

Other (Moved by Greens) - An amendment to the second reading question referring the bill to a select committee.
Wednesday, 21 November 2018 - Bill, House of Assembly Restoration Bill 2018

Amendment

An Amendment was proposed to the Question by Ms O’Connor, by leaving out all the words after ‘That’ and inserting: -

(1)          A Select Committee be appointed, with power to send for persons and papers and records, to inquire into and report upon:-

(a) the House of Assembly Restoration Bill 2018 (No.55); and

(b) other matters incidental thereto.

(2)          The Committee shall consist of six Members, being: three from the Government nominated by the Leader of the House, one of whom shall be the Speaker of the House; two from the Opposition nominated by the Leader of the Opposition; and one from the Tasmanian Greens nominated by the Leader of the Tasmanian Greens, whom shall be the Chair.

(3)          The Committee report by 1 August 2019.

Original Motion

That the Bill be now read the Second time.


Other Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Wednesday, 21 November 2018 - Bill, Gas Safety Bill 2018


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Wednesday, 21 November 2018 - Bill, Gas Industry Bill 2018


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Wednesday, 21 November 2018 - Bill, Gas (Consequential Amendments) Bill 2018


Third Reading Passed

 

 

Amendment (Moved by Liberals) - Amendment to include a definition of "Commission".
Thursday, 22 November 2018 - Bill, Macquarie Point Development Corporation Amendment Bill 2018

Amendment

Insert the following paragraph:

(ab)      by inserting the following definition after the definition of chief executive officer:

"Commission" means the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997;


Amendment Passed

 

 

Amendment (Moved by Liberals) - A number of amendments to Clause 16.
Thursday, 22 November 2018 - Bill, Macquarie Point Development Corporation Amendment Bill 2018

Amendment

Page 13, proposed new section 39G, subsection (3).

Leave outthe subsection.

Insert insteadthe following subsections:

(3) If the Board intends to make a request to the Minister under subsection (1), the Board must give to the relevant planning scheme planning authority, and the owners and occupiers of each area of land, any part of which adjoins the site, a notice-

(a) specifying that the Board intends to make a request to the Minister under subsection (1); and

(b) including a copy of the draft, of the proposed amendments to the planning scheme, that it intends to attach to the request under subsection(1); and

(c) inviting the authority, owners and occupiers to make, under subsection (3A), within 21 days, representations in relation to the intended request and the draft referred to in paragraph (b).

(3A) The relevant planning scheme planning authority and those owners and occupiers to whom a notice has been given under subsection (3) may, within 21 days, make representations to the Board in relation to the request, and the copy of the draft, included in the notice in accordance with subsection (3)(b).

(3B) Without limiting the generality of subsection (3A), a representation made under that subsection by the relevant planning scheme planning authority may include-

(a) a statement that the authority does not support the proposed request or draft; and

(b) a statement of the amendments that would need to be made to the request and the draft in order for the authority to support them.

(3C) If one or more representations have been made under subsection (3A) in relation to a request and a draft of amendments, the Board must, after the last day on which a representation may be made under that subsection-

(a) consider the representations; and

(b) determine whether or not to amend the proposed request and the draft of the amendments so as to take into account any of the representations.

(3D)If the Board determines under subsection (3C)(b) to amend the proposed request and the draft of the amendments so as to take into account a representation made under subsection (3A)-

(a) the Board may amend the proposed request and the draft of the amendments so as to take into account the representation; and

(b) the Board may submit to the Minister under subsection (1) the request, as so amended, and the draft of the amendments, as so amended; and

(c) subsection (3) does not apply in relation to the request and the draft of the amendments.

 

Page 15, proposed new section 39H, after subsection (2).

Insertthe following subsections:

(2A) After preparing under subsection (1) proposed amendments to the relevant planning scheme and before complying with subsection (3), the Minister must provide to the relevant planning scheme planning authority a notice-

(a) containing a copy of the proposed amendments to the relevant planning scheme; and

(b) requesting the authority to give to the Minister, within 14 days, a notice under subsection (2B) in relation to the proposed amendments; and

(c) specifying that, if the authority does not give to the Minister a notice under subsection (2B)(a) or (c), the authority may, within 28 days after receiving the notice from the Minister, make representations in relation to the proposed amendments.

(2B) The relevant planning scheme planning authority must, within 14 days after receiving a notice under subsection (2A) in relation to the proposed amendments, give to the Minister-

(a) a notice specifying that the authority intends to seek representations from the public in relation to the proposed amendments; or

(b) a notice specifying that the authority does not intend to seek representations from the public in relation to the proposed amendments; or

(c) a notice specifying-

(i) why the authority does not support the proposed amendments; and

(ii) a statement of the amendments that would need to be made to the proposed amendments in order for the authority to support them.

(2C) If the relevant planning scheme planning authority gives to the Minister a notice under subsection (2B)(b), the authority may, within 28 days after receiving the notice from the Minister, make representations to the Minister in relation to the proposed amendments.

(2D) If the relevant planning scheme planning authority gives to the Minister a notice under subsection (2B)(a), the planning authority must-

(a) within 14 days, cause a consultation notice in accordance with subsection (2E) to be published in a newspaper published in, and circulating generally in, the State; and

(b) cause a copy of the proposed amendments to be made available for viewing by the public at the offices of the authority and at an electronic address of the authority.

(2E) A consultation notice in relation to proposed amendments is to-

(a) invite persons and bodies to make, within 28 days after a date, specified in the notice, that is after the date on which the notice is published under subsection (2D), representations, to the relevant planning scheme planning authority, in relation to the proposed amendments; and

(b) specify the address of the offices of the authority, and the electronic address of the authority, at which the proposed amendments are available for viewing; and

(c) specify the address, and an electronic address, at which any representations under subsection (2F) may be lodged.

(2F) A person or body (other than the relevant planning scheme planning authority) may, if a notice has been published under subsection (2D)(a) in relation to the proposed amendments, make to the relevant planning scheme planning authority, within 28 days after the notice is published, representations in relation to the proposed amendments by lodging them at an address specified in the notice.

(2G) If the Minister receives a notice under subsection (2B)(c) in relation to the proposed amendments-

(a) the Minister must provide a copy of the notice to the Board; and

(b) the Minister must notify the Board that, if the Board does not take action under subsection (2H) in relation to the request to which the proposed amendments relate, the request will be taken to have never been made; and

(c) if the Board does not provide to the Minister an amended request and amended draft under subsection (2H) within 21 days or a longer period allowed by the Minister, the request under subsection (1) is to be taken to have never been made; and

(d) if the Board provides to the Minister an amended request and amended draft under subsection (2H)-

(i) the request and draft of the proposed amendments are to be taken to be the first request and draft prepared under section 39G(1); and

(ii) the requirements of section 39G are to be taken to have been satisfied in relation to the request and the draft of the proposed amendments; and

(iii) subsection (1) applies in relation to the request and the draft of the proposed amendments.

(2H) If the Board receives a notice from the Minister under subsection (2G)(b) in relation to a request and the draft of the proposed amendments prepared by the Board under section 39G to which the request relates, the Board may, within 21 days, or a longer period allowed by the Minister, provide to the Minister a copy of the request, and the draft, that the Board has amended in accordance with the statement set out in the notice under subsection (2B)(c) in relation to the proposed amendments.

 

Page 16, proposed new section 39H, subsection (3), before "and before".

Insert "and receiving from the relevant planning scheme planning authority a notice under subsection (2B)".

 

Same page, same proposed section, same subsection, paragraph (b).

Leave out the paragraph.

 

Same page, same proposed section, subsection (4).

Leave out the proposed subsection.

Insert instead the following subsection:

(4) A notice for the purposes of subsection (3) in relation to proposed amendments is to invite the persons or bodies to whom the notice is provided to make to the Minister, within 28 days, representations in relation to the proposed amendments.

 

Same page, same proposed section, subsection (5).

Leave outthe proposed subsection.

Insert insteadthe following subsections:

(5) A person or body to which a notice under subsection (3) has been provided may make to the Minister, within 28 days after the notice is provided, representations in relation to the proposed amendments.

(6) If a notice has been published under subsection (2D)(a) in relation to the proposed amendments, the relevant planning scheme authority must, within 21 days after the last day on which a representation may be made under subsection (2F) in relation to the proposed amendments, provide to the Minister-

(a) a copy of all representations received by the authority in relation to the proposed amendments; and

(b) a copy of the authority's opinion in relation to the representations; and

(c) a copy of any representations the authority wishes to make in relation to the proposed amendments.

(7) The Minister must, within 21 days after either the last day on which a representation may be made under subsection (5) or, in a case to which subsection (6) applies, the day on which the Minister receives copies of representations under subsection (6), whichever is the later day, provide to the Commission-

(a)a copy of the proposed amendments; and

(b)if the Minister is considering approving under section 39I(1) a copy of the proposed amendments in the form of the proposed amendments altered as the Minister thinks fit- a copy of the proposed amendments as so altered; and

(c)a copy of all the representations made in relation to the proposed amendments; and

(d)a notice requesting the Commission to provide to the Minister a notice under subsection (8) in relation to the proposed amendments and the proposed amendments, if any, provided to the Commission under paragraph (b).

(8) The Commission, within 21 days after receiving a notice from the Minister under subsection (7)(d), may, by notice to the Minister-

(a) advise the Minister that, in the opinion of the Commission, the requirements of section 39G(4)(b)(i), (ii) and (iii) have been-

(i) satisfied in relation to the draft of the proposed amendments to the relevant planning scheme; or

(ii) if a copy of the proposed amendments is provided to the Commission under subsection (7)(b)- satisfied in relation to those proposed amendments; or

(b) provide to the Minister the amendments that, in the opinion of the Commission, are required to be made-

(i) to the draft of the proposed amendments to the relevant planning scheme; or

(ii) if a copy of the proposed amendments is provided to the Commission under subsection (7)(b)- to those proposed amendments-

in order for the requirements specified in section 39G(4)(b)(i), (ii) and (iii) to be satisfied in relation to the proposed amendments, and the reasons why the Commission is of that opinion.

 

Page 17, proposed new section 39I, subsection (1).

Leave out"section 39H(5)".

Insert instead"section 39H(2C), (5) or (6)(c) and after altering the proposed amendments in accordance with the amendments, if any, of the Commission provided to the Minister under section39H(8)(b)".


Amendment Passed

 

 

Third Reading (Moved by Liberals) - Bill as amended passed House without division.
Thursday, 22 November 2018 - Bill, Macquarie Point Development Corporation Amendment Bill 2018


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 22 November 2018 - Bill, Local Government Amendment (Miscellaneous) Bill 2018


Third Reading Passed

 

 

Amendment (Moved by Labor) - An amendment requiring the Minister to receive advice from the Planning Commission.
Thursday, 22 November 2018 - Bill, Land Use Planning and Approvals Amendment (Tasmanian Planning Policies and Miscellaneous Amendments) Bill 2018

Amendment

In paragraph (a), proposed subsection (3A), after “Minister”, by inserting “, having received advice from the Commission,”


Amendment Passed

 

 

Amendment (Moved by Labor) - A number of amendments to Clause 7.
Thursday, 22 November 2018 - Bill, Land Use Planning and Approvals Amendment (Tasmanian Planning Policies and Miscellaneous Amendments) Bill 2018

Amendment

Amendment 1

In proposed new section 12B, subsection (2) by inserting the following new paragraph to follow paragraph (b):-

“(  )         liveability, health and wellbeing of the community.”

 

Amendment 2

In proposed new section 12C, subsection 2, by leaving out all the words after “relation to the” and insert, “intention to prepare a draft of the TPPs and a draft of the TPPs.”

 

Amendment 3

In proposed new section 12F, subsection (1), after paragraph (b), by inserting the following new paragraph:-

“(c)         the Commission may, if it thinks fit, hold one or more hearings in relation to the representations received under s.12E.”

 

Amendment 4

In proposed new section 12G, subsection (7), after “Policies” (last occurring) by inserting  “and publish his or her reasons for refusing to make the TPPs.”

 

Amendment 5

Amendment made (Mr O’Byrne), in proposed new section 12G, subsection 8, paragraph (c), after “TPPs” (last occurring) by adding, “, including the evidence that the Minister has based his reasons on.”

 

Amendment 6

(2) The Minister must at the end of every five year period after the TPPs are made -

(a)     conduct a review of the TPPs and the implementation of the TPPs; or

(b)    by notice to the Commission, direct the Commission to conduct a review of the TPPs and the implementation of the TPPs and provide the Minister a report in relation to the review within the period specified in the notice

(c)     the Minister must table a report on the review conducted under subsection (a) or provided by the Commission under subsection (b), in Parliament as soon as practicable.

 

Amendment 7

In proposed new section 12G, subsection (7), after “Policies” (last occurring) by inserting  “and publish his or her reasons for refusing to make the TPPs.”

 

Amendment 8

In proposed new section 12G, subsection 8, paragraph (c), after “TPPs” (last occurring) by adding, “, including the evidence that the Minister has based his reasons on.”

 

Amendment 9

In proposed new section 12I, by adding the following new subsection:

(2) The Minister must at the end of every five year period after the TPPs are made -

(a)     conduct a review of the TPPs and the implementation of the TPPs; or

(b)    by notice to the Commission, direct the Commission to conduct a review of the TPPs and the implementation of the TPPs and provide the Minister a report in relation to the review within the period specified in the notice

(c)     the Minister must table a report on the review conducted under subsection (a) or provided by the Commission under subsection (b), in Parliament as soon as practicable.


Amendment Passed

 

 

Amendment (Moved by Greens) - Amends clause 7 of the bill.
Thursday, 22 November 2018 - Bill, Land Use Planning and Approvals Amendment (Tasmanian Planning Policies and Miscellaneous Amendments) Bill 2018

Amendment

In proposed new section 12G, following subsection 2 by leaving out subsection (3) and (4) and inserting the following new paragraphs:-

“(3)         If a Minister intends to substantially modify the TPPs from the draft of the TPPs, the Minister must direct the Commission to comply with sections 12D and 12F in relation to the substantially modified TPPs as if it was a draft of the TPPs provided to the Commission under section 12C(3).

(4)           The Minister may only make, or refuse to make, the Tasmanian Planning Policies under subsection (2) after considering the report provided to him or her under section 12F(2) in relation to a draft of the TPPs or a substantially modified draft of the TPPs under subsection (2A).

(5)           The Minister may not make the Tasmanian Planning Policies unless the Minister is satisfied, on advice from Tasmanian Planning Commission, that they meet the TPP criteria.”


Amendment Passed

 

 

Third Reading (Moved by Liberals) - Bill as amended passed House without division.
Thursday, 22 November 2018 - Bill, Land Use Planning and Approvals Amendment (Tasmanian Planning Policies and Miscellaneous Amendments) Bill 2018


Third Reading Passed

 

 

Amendment (Moved by Greens) - Amendment to include "to advocate for the protection of the attributes on which the Tasmanian Brand relies" to Brand Tasmania's functions.
Thursday, 22 November 2018 - Bill, Brand Tasmania Bill 2018

Amendment

Clause 8, In subclause (1), after paragraph (a), by inserting the following paragraph:

(x)           to advocate for the protection of the attributes on which the Tasmanian Brand relies;


Amendment Passed

 

 

Amendment (Moved by Labor) - Amendment to include "to idenitify risks to the reputation of the Tasmanian Brand and to develop mitigation or contingency plans in relation to that risk" to Brand Tasmania's functions.
Thursday, 22 November 2018 - Bill, Brand Tasmania Bill 2018

Amendment

Clause 8, In subclause (1), paragraph (c), by leaving out the paragraph and inserting instead:

(c)           to idenitify risks to the reputation of the Tasmanian Brand and to develop mitigation or contingency plans in relation to that risk;


Amendment Passed

 

 

Amendment (Moved by Labor) - Amendment to replace the requirement that a board member must be a Tourism Tasmania employee with a Tourism Tasmania nominee.
Thursday, 22 November 2018 - Bill, Brand Tasmania Bill 2018

Amendment

Clause 10, in subclause (1), paragraph (c), by leaving out the paragraph and inserting instead:

                                (c)           two persons -“

(i)                  one of whom is a State Service Officer; and

(ii)                one of whom is nominated by Tourism Tasmania;


Amendment Passed

 

 

Amendment (Moved by Greens) - Amendment to include heritage conservation, environmental conservation and natural resource management in the list of potential skills of board members.
Thursday, 22 November 2018 - Bill, Brand Tasmania Bill 2018

Amendment

Clause 10, in subclause (3), after paragraph (d) by inserting the following paragraph:

(da)         heritage conservation, environmental conservation and natural resource management;


Amendment Passed

 

 

Amendment (Moved by Greens) - Amendment requiring the Board not to favour any individual, organisation, business or industry sector and to consider the impacts on all relevant parties and the Tasmanian Brand more broadly.
Thursday, 22 November 2018 - Bill, Brand Tasmania Bill 2018

Amendment

Clause 11, Amendment made (Ms O’Connor), after subclause (1) by inserting the following subclause:

(X)         In exercising its responsibilities and powers, the Board is not to favour any individual, organisation, business or industry sector and must consider the impacts on all relevant parties and the Tasmanian Brand more broadly.


Amendment Passed

 

 

Amendment (Moved by Greens) - Amendment requiring the Minister to consult with the Board in preparing a Ministerial statement of expectations.
Thursday, 22 November 2018 - Bill, Brand Tasmania Bill 2018

Amendment

Clause 16, Amendment made (Ms O’Connor), after subclause (8) by inserting the following subclause:

(9)    The Minister must consult with the Board in preparing a Ministerial statement of expectations and any amendment or revocation of a Ministerial statement of expectations.


Amendment Passed

 

 

Amendment (Moved by Greens) - Amendment requiring a statement of risks and opportunities in the Annual Report.
Thursday, 22 November 2018 - Bill, Brand Tasmania Bill 2018

Amendment

Clause 25, Amendment made (Ms O’Connor), in subclause (2), paragraph (b), after subparagraph (v) by inserting the following subparagraph:

(x)          a statement on any developments that the Board considers may pose a significant risk to the reputation of the Tasmanian Brand or may strengthen the appeal of the Tasmanian Brand;


Amendment Passed

 

 

Amendment (Moved by Liberals) - Amendment removing the phrase “the trustees of” in Schedule 4.
Thursday, 22 November 2018 - Bill, Brand Tasmania Bill 2018

Amendment

Schedule 4, Amendment made (The Premier), in clause 2, subclause (1), after “was vested in” by leaving out “the trustees of”.


Amendment Passed

 

 

Third Reading (Moved by Liberals) - Bill as amended passed House without division.
Thursday, 22 November 2018 - Bill, Brand Tasmania Bill 2018


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 27 November 2018 - Bill, Energy Co-Ordination and Planning Amendment Bill 2018


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 27 November 2018 - Bill, Community Health Human Services and Related Legislation (Miscellaneous Amendments) Bill 2018


Third Reading Passed

 

 

Final Motion (Moved by Labor) - Motion passed without division.
Wednesday, 28 November 2018 - Motion, Referral of Mr Brooks to Privileges Committee

Final Motion

That the House: 

(1)    Refers the Honourable Member for Braddon, Mr Brooks, to the Standing Committee of Privileges to consider and report whether the findings of the Report of the Integrity Commission No. 5 of 2018 constitute a breach of privileges or the Standing Orders of the House.

(2)    The Privileges Committee be given the powers to consider matters of conduct and compliance with the Code of Ethical Conduct in Standing Order 2(d).

(3)    That the Committee be given the power to send for persons and papers.

(4)    That for the remainder of this Session, Standing Order 325 be amended as follows:-

(a)     After “Privileges” insert “and Conduct”; and

(b)    After “Privilege” insert “or the provisions of the Code of Ethical Conduct”.

(5)    That the Committee report to the House by 12 March 2019.


Final Motion Passed

 

 

Amendment (Moved by Liberals) - Amendment to rewrite the motion to call on Unions to negotiate wage agreements with the Government.
Wednesday, 28 November 2018 - Motion, Public Sector Wage Cap

Amendment

An Amendment was proposed by the Treasurer by leaving out all words after “That the House” and inserting instead the following words:

(1)           Recognises and appreciates the role of Tasmania’s public sector employees and that it is in the best interests of the State and all Tasmanians that an agreement is reached.

(2)           Calls on the Tasmanian public sector Unions representing public sector employees and the Government to sit down at the table and negotiate a wage agreement that will deliver a positive outcome for the whole of Tasmania.

Original Motion

That the House:-

(1)           Supports nurses, teachers, park rangers, allied health workers and other public sector workers in their right to take industrial action.

(2)           Agrees that the actions of these workers have been responsible, measured and designed to demonstrate the value they provide to the community.

(3)           Recognises that the 2 per cent state wages policy was introduced in 2011 following the Global Financial Crisis and in response to contracting revenues.

(4)           Acknowledges that State taxes and GST receipts are growing again and private sector wages increased by 2.8 per cent in the year to September 2018.

(5)           Further recognises that CPI is increasing at 2.7 per cent, which means the 2 per cent wage offer from Government is actually a wage cut.

(6)           Further recognises that Tasmanians deserve a pay rise that keeps up with the cost of living.

(7)           Calls on the Government to scrap the wage cap.

Supported

Hickey, Liberals

Opposed

Greens, Labor

Amendment Passed

 

 

Final Motion (Moved by Labor) - Motion passed completely re-written.
Wednesday, 28 November 2018 - Motion, Public Sector Wage Cap

Final Motion

That the House:-

(1)           Recognises and appreciates the role of Tasmania’s public sector employees and that it is in the best interests of the State and all Tasmanians that an agreement is reached.

(2)          Calls on the Tasmanian public sector Unions representing public sector employees and the Government to sit down at the table and negotiate a wage agreement that will deliver a positive outcome for the whole of Tasmania.

Original Motion

That the House:-

(1)           Supports nurses, teachers, park rangers, allied health workers and other public sector workers in their right to take industrial action.

(2)           Agrees that the actions of these workers have been responsible, measured and designed to demonstrate the value they provide to the community.

(3)           Recognises that the 2 per cent state wages policy was introduced in 2011 following the Global Financial Crisis and in response to contracting revenues.

(4)           Acknowledges that State taxes and GST receipts are growing again and private sector wages increased by 2.8 per cent in the year to September 2018.

(5)           Further recognises that CPI is increasing at 2.7 per cent, which means the 2 per cent wage offer from Government is actually a wage cut.

(6)           Further recognises that Tasmanians deserve a pay rise that keeps up with the cost of living.

(7)           Calls on the Government to scrap the wage cap.

Supported

Hickey, Liberals

Opposed

Greens, Labor

Final Motion Passed

 

 

Second Reading (Moved by Greens) - Bill negatived.
Wednesday, 28 November 2018 - Bill, Misuse of Drugs Amendment (Drug Analysis) Bill 2018

Supported

Greens

Opposed

Hickey, Labor, Liberals

Second Reading Negatived

 

 

Other (Moved by Labor) - Seeking of leave to suspend standing orders to move a Motion without Notice of Want of Confidence.
Thursday, 29 November 2018 - Motion, Want of Confidence in the Premier 2018

Subject of Debate

A Motion being made and the Question being proposed – that Ms White have leave to make a Motion without Notice.


Other Passed

 

 

Other (Moved by Labor) - Suspension of standing orders to debate a Motion Without Notice of Want of Confidence.
Thursday, 29 November 2018 - Motion, Want of Confidence in the Premier 2018

Final Motion

That so much of Standing Orders be suspended as would prevent a Motion of want of confidence in the Premier of which notice has been given this day, from being brought on for debate forthwith and that debate on the motion be completed by 3:30p.m., that the Premier and the Leader of the Opposition shall speak for no longer than 40 minutes each and all other Members speak for no longer than 20 minutes each in speaking to the motion, and that immediately following a vote on the motion the House proceeds to Government Business.

Original Motion

That so much of Standing Orders be suspended as would prevent a Motion of want of confidence in the Premier of which notice has been given this day, from being brought on for debate forthwith.


Other Passed

 

 

Amendment (Moved by Liberals) - Amendment to motion to suspend of standing orders to debate a Motion Without Notice to place a time restriction on the debate.
Thursday, 29 November 2018 - Motion, Want of Confidence in the Premier 2018

Amendment

An Amendment was proposed to the Question by the Minister for Health after “forthwith” by inserting “and that debate on the motion be completed by 3:30p.m., that the Premier and the Leader of the Opposition shall speak for no longer than 40 minutes each and all other Members speak for no longer than 20 minutes each in speaking to the motion, and that immediately following a vote on the motion the House proceeds to Government Business.”

Original Motion

That so much of Standing Orders be suspended as would prevent a Motion of want of confidence in the Premier of which notice has been given this day, from being brought on for debate forthwith.


Amendment Passed

 

 

Amendment (Moved by Greens) - An amendment to include a lack of attention to "affordable housing, a healthy environment and action on global warming" as reasons for a want of confidence.
Thursday, 29 November 2018 - Motion, Want of Confidence in the Premier 2018

Amendment

An amendment was proposed by Ms O’Connor, in paragraph (e) by leaving out “and education” and inserting instead “, education, affordable housing, a healthy environment and action on global warming”.

Original Motion

That the House has no confidence in the Premier, Hon Will Hodgman MP, for the following reasons:

(a)     The Premier has failed to demand the highest standards of conduct from his members.

(b)    The Premier has refused to ask the Honourable Member for Braddon, Mr Brooks, to resign despite a damning Integrity Commission report which found he repeatedly lied about his involvement in his private company while the Mining Minister and attempted to delete crucial evidence.

(c)     The Premier authorised a payment of almost $60,000 to cover Mr Brooks’s legal bills, which was only revealed through questioning from Labor.

(d)    The Honourable Member for Bass, Ms Courtney was rewarded with a new Ministry, despite findings that she breached the Ministerial Code of Conduct by failing to declare a conflict of interest created by her relationship with her Head of Department.

(e)     While the Premier deals with chaos and dysfunction within his Government, he has taken his eye off the issues that are important to Tasmanians, including health and education.

(f)      Under the arrogant and incompetent Health Minister, the Hon Michael Ferguson MP, the health system has gone from bad to worse, with health professionals describing conditions in our hospitals as the worst they have ever been.

(g)    The Premier has allowed his divisive and aggressive Treasurer, the Hon Peter Gutwein MP, to go to war with public sector workers instead of negotiating in good faith.  This has caused workers to take state-wide industrial action simply to get a payrise that keeps up with the cost of living.

Supported

Greens, Labor

Opposed

Hickey, Liberals

Amendment Negatived

 

 

Final Motion (Moved by Labor) - Motion negatived.
Thursday, 29 November 2018 - Motion, Want of Confidence in the Premier 2018

Final Motion

That the House has no confidence in the Premier, Hon Will Hodgman MP, for the following reasons:

(a)     The Premier has failed to demand the highest standards of conduct from his members.

(b)    The Premier has refused to ask the Honourable Member for Braddon, Mr Brooks, to resign despite a damning Integrity Commission report which found he repeatedly lied about his involvement in his private company while the Mining Minister and attempted to delete crucial evidence.

(c)     The Premier authorised a payment of almost $60,000 to cover Mr Brooks’s legal bills, which was only revealed through questioning from Labor.

(d)    The Honourable Member for Bass, Ms Courtney was rewarded with a new Ministry, despite findings that she breached the Ministerial Code of Conduct by failing to declare a conflict of interest created by her relationship with her Head of Department.

(e)     While the Premier deals with chaos and dysfunction within his Government, he has taken his eye off the issues that are important to Tasmanians, including health and education.

(f)      Under the arrogant and incompetent Health Minister, the Hon Michael Ferguson MP, the health system has gone from bad to worse, with health professionals describing conditions in our hospitals as the worst they have ever been.

(g)    The Premier has allowed his divisive and aggressive Treasurer, the Hon Peter Gutwein MP, to go to war with public sector workers instead of negotiating in good faith.  This has caused workers to take state-wide industrial action simply to get a payrise that keeps up with the cost of living.

Supported

Greens, Labor

Opposed

Hickey, Liberals

Final Motion Negatived

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 29 November 2018 - Bill, Supreme Court Civil Procedure Amendment Bill 2018


Third Reading Passed

 

 

Other (Moved by Liberals) - Amendment to the Select Committee on Firearms Legislation and Policy select committee allowing for a proxy member for Mr Brooks.
Thursday, 29 November 2018 - Motion, Select Committee on Firearms Legislation and Policy

Final Motion

A Motion being made and the Question being proposed—That the Resolution of the House dated 29 August last appointing the Select Committee on Firearms Legislation and Policy be amended as follows:-

In Section (2), paragraph (a), after “Mr Brooks”, by inserting “or a proxy Member nominated by the Leader of the House, such proxy Member shall exercise all the rights of an appointed Member including voting rights at any meeting of the Committee”.

Supported

Hickey, Liberals

Opposed

Greens, Labor

Other Passed

 

 

Upper House Amendments (Moved by Liberals) - Amendments from the Legislative Council repealing Clause 11 and inserting a new Clause.
Thursday, 29 November 2018 - Bill, Residential Tenancy Amendment Bill 2018

Amendment

Clause 11

Page 16

Leave out the clause.

 

New Clause A

To follow clause 10 in Part 3.

 

A.      Section 17 amended (Issue of replacement residential tenancy agreement)

Section 17 of the Principal Act is amended as follows:

(a)     By omitting subsection (1) and substituting the following subsections:

(1)    In this section –

“original agreement” means a residential tenancy agreement in relation to residential premises referred to in subsection (2);

“replacement agreement” means a residential tenancy agreement established under subsection (1A)(b) or (c).

(1A)       If the person against whom an FVO is to be made is a tenant of residential premises occupied by an affected person, a court may make an order under section 16 to -

(a)     terminate the original agreement; or

(b)    terminate the original agreement and establish a new residential tenancy agreement for the benefit of the affected person and any other party who was a party to the terminated agreement, other than the person against whom the FVO is to be made; or

(c)     terminate the original agreement and establish a new residential tenancy agreement for the benefit of the person against whom the FVO is to be made and any other party who was a party to the terminated agreement, other than the affected person.


Upper House Amendments Passed

 

 

Other (Moved by Labor) - Amendment to give Labor two voting members on the Committee.
Thursday, 29 November 2018 - Motion, Government Business Scrutiny Committee 2018

Amendment

An Amendment was proposed by Mr O’Byrne in paragraph (1) before “nominated by the Leader of the Opposition” by leaving out “One Member” and inserting instead “Two Members”;

Subject of Debate

GOVERNMENT BUSINESSES SCRUTINY COMMITTTEE. – A Motion being made and the Question being proposed - That the House of Assembly appoint a Government Businesses Scrutiny Committee, with leave to sit on 6 and 7 December 2018 to inquire into Government Businesses (GBs) in accordance with the following schedule and rules.

For 2018 the following Government Businesses are allocated to the Committee as detailed below:—

Thursday, 6 December 2018

Public Trustee: 0900-1000 (1 hour)

Hydro Tasmania: 1000-1300 (3 hours)

Sustainable Timber Tasmania: 1400-1700 (3 hours)

Friday, 7 December 2018           

TT-Line Corporation Pty Ltd: 0900-1100 (2 hours)

Tasmanian Ports Corporation Pty Ltd: 1100-1300 (2 hours)

Tasmanian Networks Pty td: 1400-1700 (3 hours)

 

MEMBERSHIP OF THE COMMITTEE

(1)           The Committee shall consist of four (4) Members appointed by the House as follows:—

The Chair of Committees (Chair);

Mr Hidding (Deputy Chair);

One Member nominated by the Leader of the Opposition; and

One Member nominated by the Leader of the Greens.

(2)           During sittings, substitute Members may be allowed.

(3)           If a vacancy occurs in the membership of a Committee, the Speaker may nominate a Member in substitution, but in so doing has regard to the composition of the Committee appointed by the House.

(4)           A Committee may proceed with business despite a vacancy in its membership.

(5)           The Chair of a Committee has a deliberative and a casting vote.

(6)           The quorum of a Committee is three, of whom one is the Chair of the Committee or Deputy Chair.

(7)           If at any time a quorum is not present, the Chair will suspend proceedings of the Committee until a quorum is present or adjourn the Committee.

(8)           Any time lost for lack of a quorum shall be added to the time allocated to that session.

(9)           Members of the House who have not been appointed as Members of the Committee, may participate in proceedings by asking questions, but may not vote, move any motion or be counted for the purposes of a quorum.

(10)        The responsible Minister and Chairperson of the Board of a GB shall be examined before a Committee for a maximum period of 4 hours.

 

SITTING TIMES

(1)           The Committee meets only in accordance with the time-table adopted by the House or as varied by the Chair.

(2)           The Committee may sit only when the House is not sitting.

 

HEARINGS

All hearings of the Committee are open to the public except that any evidence stated by a witness to be of a commercially sensitive or confidential nature shall, if requested by at least one Member of the Committee, be heard in camera. Any such evidence shall not be published or in any way divulged by any Member of a Committee or any other person unless the Committee recommends it to the House and the House resolves that the information be made public.

 

PROCEEDINGS OF A GOVERNMENT BUSINESS SCRUTINY COMMITTEE

(1)           When the activities of a GB are to be examined at a Committee hearing it shall be represented by the responsible Minister and the Chairperson of the Board.

(2)           Questions may be put directly to the responsible Minister and the Chairperson of the Board.

(3)           A Committee may ask for explanations relating to the activities, performance, practices and economic management of the GB.

(4)           The witnesses who are asked for explanations may be assisted where necessary by other officers of the GB in the provision of factual information.

(5)           Officers may answer questions at the request of the responsible Minister but shall not be required to comment on policy matters.

(6)           Time limits of one minute for a question and three minutes for an answer shall apply in a Committee.

(7)           Questions may be asked on a ratio of two Opposition, one Government and one other Member or in such form as the Committee determines.

(8)           A witness may advise a Committee that an answer to a question, or part of a question, will be given later to that Committee, and where possible that Committee sitting day.

(9)           Additional information may be provided to a Committee about an answer given.

(10)        Additional information—

(a)           is to be written;

(b)           given by a time decided by a Committee; and

(c)           may be included in a volume of additional information laid on the Table of the House by the Committee.

(11)         If any Member persistently disrupts the business of a Committee, the Chair

(a)           names the Member;

(b)           if the Member named is a Member of the Committee, suspends the sittings of the Committee until he or she has reported the offence to the Speaker; and

(c)           if the Member named is not a Member of the Committee, orders that Member's withdrawal from the sittings of the Committee until he or she has reported the offence to the Speaker;

as soon as practicable, the Chair advises the Speaker who then gives notice that the Member of the Committee be replaced.

(12)         If any objection is taken to a ruling or decision of the Chair,

(a)           the objection must be taken at once and stated in writing;

(b)           the Chair, as soon as practicable, advises the Speaker who makes a ruling on the matter; and

(c)           the Committee may continue to meet but may not further examine the matter then under consideration.

(13)         Television coverage will be allowed, subject:—

(a)          to the foregoing provisions contained under “Hearings”; and

(b)          to the same guidelines that apply to televising of the House of Assembly itself.

 

TRANSCRIPT

An unedited transcript of Committee proceedings is to be circulated, in a manner similar to that used for other Committee transcripts, as soon as practicable after the Committee's proceedings.

Evidence taken in camera shall be printed on coloured paper and shall only be circulated to the Committee Members and shall not be divulged in any way to any other person.

 

REPORTS OF COMMITTEES

A Report of the Committee is to be brought up by the Chair or the Deputy Chair to the House and shall be the transcript of the public hearings and the minutes of the meetings of the Committee.

 

LEAVE FOR MINISTERS TO ATTEND L.C. COMMITTEE

And that the House of Assembly give leave to Ministers of the Crown who have relevant portfolio responsibilities to attend any similar Committee established by the Legislative Council if requested by that Committee as follows:—

Tuesday, 4 December 2018 &

Wednesday, 5 December 2018

The Premier and Minister for Heritage

The Treasurer and Minister for Local Government

The Attorney-General and Minister for Justice

The Minister for Energy

The Minister for Infrastructure

The Minister for Primary Industries and Water

The Minister for Racing

Supported

Labor

Opposed

Greens, Liberals

Other Negatived

 

 

Final Motion (Moved by Liberals) - Motion passed without division.
Thursday, 29 November 2018 - Motion, Government Business Scrutiny Committee 2018

Final Motion

GOVERNMENT BUSINESSES SCRUTINY COMMITTTEE. – A Motion being made and the Question being proposed - That the House of Assembly appoint a Government Businesses Scrutiny Committee, with leave to sit on 6 and 7 December 2018 to inquire into Government Businesses (GBs) in accordance with the following schedule and rules.

For 2018 the following Government Businesses are allocated to the Committee as detailed below:—

Thursday, 6 December 2018

Public Trustee: 0900-1000 (1 hour)

Hydro Tasmania: 1000-1300 (3 hours)

Sustainable Timber Tasmania: 1400-1700 (3 hours)

Friday, 7 December 2018           

TT-Line Corporation Pty Ltd: 0900-1100 (2 hours)

Tasmanian Ports Corporation Pty Ltd: 1100-1300 (2 hours)

Tasmanian Networks Pty td: 1400-1700 (3 hours)

 

MEMBERSHIP OF THE COMMITTEE

(1)           The Committee shall consist of four (4) Members appointed by the House as follows:—

The Chair of Committees (Chair);

Mr Hidding (Deputy Chair);

One Member nominated by the Leader of the Opposition; and

One Member nominated by the Leader of the Greens.

(2)           During sittings, substitute Members may be allowed.

(3)           If a vacancy occurs in the membership of a Committee, the Speaker may nominate a Member in substitution, but in so doing has regard to the composition of the Committee appointed by the House.

(4)           A Committee may proceed with business despite a vacancy in its membership.

(5)           The Chair of a Committee has a deliberative and a casting vote.

(6)           The quorum of a Committee is three, of whom one is the Chair of the Committee or Deputy Chair.

(7)           If at any time a quorum is not present, the Chair will suspend proceedings of the Committee until a quorum is present or adjourn the Committee.

(8)           Any time lost for lack of a quorum shall be added to the time allocated to that session.

(9)           Members of the House who have not been appointed as Members of the Committee, may participate in proceedings by asking questions, but may not vote, move any motion or be counted for the purposes of a quorum.

(10)        The responsible Minister and Chairperson of the Board of a GB shall be examined before a Committee for a maximum period of 4 hours.

 

SITTING TIMES

(1)           The Committee meets only in accordance with the time-table adopted by the House or as varied by the Chair.

(2)           The Committee may sit only when the House is not sitting.

 

HEARINGS

All hearings of the Committee are open to the public except that any evidence stated by a witness to be of a commercially sensitive or confidential nature shall, if requested by at least one Member of the Committee, be heard in camera. Any such evidence shall not be published or in any way divulged by any Member of a Committee or any other person unless the Committee recommends it to the House and the House resolves that the information be made public.

 

PROCEEDINGS OF A GOVERNMENT BUSINESS SCRUTINY COMMITTEE

(1)           When the activities of a GB are to be examined at a Committee hearing it shall be represented by the responsible Minister and the Chairperson of the Board.

(2)           Questions may be put directly to the responsible Minister and the Chairperson of the Board.

(3)           A Committee may ask for explanations relating to the activities, performance, practices and economic management of the GB.

(4)           The witnesses who are asked for explanations may be assisted where necessary by other officers of the GB in the provision of factual information.

(5)           Officers may answer questions at the request of the responsible Minister but shall not be required to comment on policy matters.

(6)           Time limits of one minute for a question and three minutes for an answer shall apply in a Committee.

(7)           Questions may be asked on a ratio of two Opposition, one Government and one other Member or in such form as the Committee determines.

(8)           A witness may advise a Committee that an answer to a question, or part of a question, will be given later to that Committee, and where possible that Committee sitting day.

(9)           Additional information may be provided to a Committee about an answer given.

(10)        Additional information—

(a)           is to be written;

(b)           given by a time decided by a Committee; and

(c)           may be included in a volume of additional information laid on the Table of the House by the Committee.

(11)         If any Member persistently disrupts the business of a Committee, the Chair

(a)           names the Member;

(b)           if the Member named is a Member of the Committee, suspends the sittings of the Committee until he or she has reported the offence to the Speaker; and

(c)           if the Member named is not a Member of the Committee, orders that Member's withdrawal from the sittings of the Committee until he or she has reported the offence to the Speaker;

as soon as practicable, the Chair advises the Speaker who then gives notice that the Member of the Committee be replaced.

(12)         If any objection is taken to a ruling or decision of the Chair,

(a)           the objection must be taken at once and stated in writing;

(b)           the Chair, as soon as practicable, advises the Speaker who makes a ruling on the matter; and

(c)           the Committee may continue to meet but may not further examine the matter then under consideration.

(13)         Television coverage will be allowed, subject:—

(a)          to the foregoing provisions contained under “Hearings”; and

(b)          to the same guidelines that apply to televising of the House of Assembly itself.

 

TRANSCRIPT

An unedited transcript of Committee proceedings is to be circulated, in a manner similar to that used for other Committee transcripts, as soon as practicable after the Committee's proceedings.

Evidence taken in camera shall be printed on coloured paper and shall only be circulated to the Committee Members and shall not be divulged in any way to any other person.

 

REPORTS OF COMMITTEES

A Report of the Committee is to be brought up by the Chair or the Deputy Chair to the House and shall be the transcript of the public hearings and the minutes of the meetings of the Committee.

 

LEAVE FOR MINISTERS TO ATTEND L.C. COMMITTEE

And that the House of Assembly give leave to Ministers of the Crown who have relevant portfolio responsibilities to attend any similar Committee established by the Legislative Council if requested by that Committee as follows:—

Tuesday, 4 December 2018 &

Wednesday, 5 December 2018

The Premier and Minister for Heritage

The Treasurer and Minister for Local Government

The Attorney-General and Minister for Justice

The Minister for Energy

The Minister for Infrastructure

The Minister for Primary Industries and Water

The Minister for Racing


Final Motion Passed

 

 

Upper House Amendments (Moved by Liberals) - Amendment from the Legislative Council to Clause 16.
Thursday, 29 November 2018 - Bill, Burial and Cremation Amendment Bill 2018

Amendment

Clause 16

Page 36, proposed new Part 2B, Division 1, section 27H, at the foot of that section.

Insert the following subsection:

(3)           For the purposes of subsection (2), sell does not include to offer for sale or to agree to sell.


Upper House Amendments Passed

 

 

Upper House Amendments (Moved by Liberals) - Amendments from the Legislative Council to Clause 57 and a New Clause after Clause 63.
Thursday, 29 November 2018 - Bill, Building Legislation (Miscellaneous Amendments) Bill 2018

Amendment

Clause 59

Page 57, paragraph (b).

Leave out that paragraph.

 

New Clause A

To follow clause 63.

 

A             Section 22A further amended (Obligation to hold building services licence)

Section 22A(2) of the Principal Act is amended by inserting the following paragraphs after paragraph (b):

(ba)         an organisation, whether incorporated or unincoporated, if each person managing or carrying out building services work, or entering into a contract to manage or carry out building services work, on behalf of that organisation –

(i)                  holds a building services licence of the occupation and class relevant to the building services work being managed or carried out by that person; or

(ii)                is not required, under this subsection, to hold such a licence while the person manages or carries out the building services work; or

(bb)         a person who is carrying out building services work, if the person –

(i)                  is employed or engaged to carry out that work by a person (the relevant employer); and

(ii)                is carrying out that work in accordance with a request of another person and the other person –

(A)   is also employed or engaged by the relevant employer; and

(B)   holds a building services licence of the occupation and class relevant to that work; or


Upper House Amendments Passed

 

 

Upper House Amendments (Moved by Liberals) - Amendments from the Legislative Council to Clause 10.
Thursday, 29 November 2018 - Bill, Brand Tasmania Bill 2018

Amendment

Amendments

Clause 10

 

First amendment

Page 12, subclause (1), paragraph (c).

Leave out the paragraph.

Insert instead the following paragraph:

(c)           one person who is nominated by Tourism Tasmania;

 

Second amendment

Same page, same subclause, paragraph (d), after “less than”.

Leave out “5, and not more than 7”.

Insert instead “6, and not more than 8”.

 

Third amendment

Page 13, subclause (3), paragraph (e), after “heritage conservation,”.

Insert “biosecurity, ”.


Upper House Amendments Passed

 

 

Amendment (Moved by Greens) - An amendment to include the Greens and another Liberal member on the Privileges Committee.
Thursday, 29 November 2018 - Motion, Amendment to Standing Orders (Code of Conduct)

Amendment

First Amendment

After the Fourth Amendment by adding:

“Fifth Amendment

Standing Order 325, leave out “five” insert “seven.”

 

Second Amendment

After “That” (first occurring), by inserting “the Honourable Member for Clark, Ms O’Connor and the Honourable Member for Lyons, Mr Hidding be appointed to serve on the Committee of Privileges, and that”.

Original Motion

That the Standing Orders and Rules of the House be amended as follows:—

 

First Amendment:—

Standing Order 2, paragraph (d), leave out all the words after 'following' and insert instead:—

 

"Code of Conduct:—

PREAMBLE

Members of Parliament recognise that their actions have an impact on the lives of all Tasmanian people. Fulfilling their obligations and discharging their duties responsibly requires a commitment to the highest ethical standards to maintain and strengthen the democratic traditions of the State and the integrity of its institutions.

Compliance with the law may not always be enough to guarantee an acceptable standard of conduct. Members must not only act lawfully, but also in a manner that will withstand close public scrutiny.

This Code sets out ethical standards and principles to assist Members in observing expected standards of conduct in public office and to act as a benchmark against which their conduct can be measured.

Neither the law nor this Code is designed to be exhaustive, and there may be instances where Members find it necessary to adopt more stringent norms of conduct in order to protect the public interest, and to enhance public confidence and trust. In making choices about conduct, Members should have regard to community values and standards.

Members should also, where possible, avoid giving unnecessary offence to groups in the community whose beliefs and views differ from those held by the Members or by groups the Member represents.

Members are expected to promote and support this Code by leadership and example.

 

STATEMENT OF VALUES

This Code is derived from the fundamental values of the institution of the Parliament in this State. By adopting and upholding this Code, all Members of Parliament share in and support these values.

As Members of Parliament, we value:

  • the public interest and the fundamental objective of public office to act solely in terms of the public interest;
  • the improvement of the economic and social conditions of all Tasmanian people, and our service to our fellow citizens to achieve this;
  • the promotion of human, social and environmental welfare through the responsible execution of our official duties;
  • integrity, honesty, accessibility, accountability, fairness, transparency, courtesy, respect and understanding, without harassment, victimisation or discrimination;
  • respect for differences, equity and fairness in political dealings, with fellow Members of Parliament; and
  • ethical political practices that support the democratic traditions of our State and its institutions, and the rejection of political corruption.

 

ETHICAL STANDARDS

Conflict of interest

A Member protects and upholds the public interest by taking all reasonable steps to avoid, disclose and manage any conflict of interest that arises, or is likely to arise, between their personal interests and their official duties.

A conflict of interest may be financial or non-financial and may be potential, actual or perceived.

A conflict of interest does not exist where the Member, their spouse or domestic partner, relative or associate is affected only as a member of the public or of a broad class of persons.

Each Member is individually responsible for avoiding and managing conflicts of interest.

 

Declaration of personal interests

A Member is personally responsible for full and accurate disclosure of their financial and other interests, in accordance with their obligations under the Parliamentary (Disclosure of Interests) Act 1996.

 

Use of public office

A Member makes proper use of their office to represent and serve the community, conducting themselves in ways that maintains the trust and confidence of the public.

A Member must not use their influence as a Member to improperly obtain appointment, promotion, advancement, transfer or any other advantage or benefit on behalf of themselves or other persons.

A Member must not appoint their spouse, domestic partner or relative to a position in their own office.

A Member must not receive or seek to receive any fee, payment, retainer or reward, nor permit any compensation to accrue to their beneficial interest, for or on account of, or as a result of, their position as a Member, other than compensation to which they are entitled as a Member of Parliament.

 

Use of official information

A Member makes appropriate use of official information strictly for the purpose of performing their role as a Member of Parliament in the best interests of the public.

A Member must take care to protect confidential and official information in their possession or knowledge.

A Member must not use official information which is not in the public domain, or information obtained in confidence in the course of their official duties or position, for the advantage or benefit of themselves or another person.

 

Use of public resources

A Member uses public resources and assets strictly for the purpose of performing their role as a Member of Parliament, and in accordance with any rules and guidelines regarding the use of those resources and assets.

A Member must not use public resources, or allow such resources to be used by others, for personal advantage or benefit.

A Member must be scrupulous in ensuring the legitimacy and accuracy of any claim they make on the public account.

 

Gifts and benefits

A Member must adhere to standards of transparency and accountability in relation to gifts or benefits, and carry out their duties as a Member of Parliament without being influenced by gifts or benefits.

A Member must not solicit, encourage or accept gifts, benefits or favours which may improperly influence the Member in the exercise of their duties, or may give the appearance of improper influence. Exceptions to this are incidental gifts or customary hospitality of nominal value.

A Member must declare gifts and benefits received, as required by the Parliamentary (Disclosure of Interests) Act 1996.

 

Accuracy of statements

A Member must only make statements in Parliament and in public that are, to the best of their knowledge, accurate and honest.

A Member must not mislead Parliament or the public in statements that they may make.

Whether any misleading was intentional or unintentional a Member is obliged to correct the Parliamentary record or the public record, at the earliest opportunity in a manner that is appropriate to the circumstances.

 

Outside employment

A Member must manage employment outside of Parliament to ensure that any such employment does not interfere with their duties as a Member of Parliament.

A Member must not engage in any employment outside Parliament that involves a substantial commitment of time and effort to the extent that it interferes with their duties as a Member.

Upholding the principles of respect, justice and inclusion for all Tasmanians

Members agree to respect the religious and cultural beliefs of others, in accordance with the Universal Declaration of Human Rights.

Members agree to uphold the principles of justice and inclusion among our multicultural society, making efforts to generate understanding of all groups.

Members agree to recognise and value diversity as an integral part of Australia’s social and economic future.

Members should promote reconciliation with Indigenous Australians.

 

Parliamentary conduct

A Member conducts themselves in Parliament in ways that will protect the public interest, and enhance public confidence and trust in Parliament.

A Member must observe proper standards of parliamentary conduct by complying with Standing Orders, and directions of the Presiding Officer.

A Member must take particular care to consider the rights and reputations of others before making use of the unique protection available under parliamentary privilege. This privilege should never be used recklessly or without due regard to accuracy.”

 

Second Amendment:—

Standing Order 2, repeal paragraph (e).

 

Third Amendment:—

Standing Order 325, after "Privileges" insert "and Conduct".

 

Fourth Amendment:—

Standing Order 325, after "Privilege" insert "or the provisions of the Code of Conduct".


Amendment Passed

 

 

Final Motion (Moved by Liberals) - Motion passed with amendment.
Thursday, 29 November 2018 - Motion, Amendment to Standing Orders (Code of Conduct)

Final Motion

That the Honourable Member for Clark, Ms O’Connor and the Honourable Member for Lyons, Mr Hidding be appointed to serve on the Committee of Privileges, and that the Standing Orders and Rules of the House be amended as follows:—

 

First Amendment:—

Standing Order 2, paragraph (d), leave out all the words after 'following' and insert instead:—

 

"Code of Conduct:—

PREAMBLE

Members of Parliament recognise that their actions have an impact on the lives of all Tasmanian people. Fulfilling their obligations and discharging their duties responsibly requires a commitment to the highest ethical standards to maintain and strengthen the democratic traditions of the State and the integrity of its institutions.

Compliance with the law may not always be enough to guarantee an acceptable standard of conduct. Members must not only act lawfully, but also in a manner that will withstand close public scrutiny.

This Code sets out ethical standards and principles to assist Members in observing expected standards of conduct in public office and to act as a benchmark against which their conduct can be measured.

Neither the law nor this Code is designed to be exhaustive, and there may be instances where Members find it necessary to adopt more stringent norms of conduct in order to protect the public interest, and to enhance public confidence and trust. In making choices about conduct, Members should have regard to community values and standards.

Members should also, where possible, avoid giving unnecessary offence to groups in the community whose beliefs and views differ from those held by the Members or by groups the Member represents.

Members are expected to promote and support this Code by leadership and example.

 

STATEMENT OF VALUES

This Code is derived from the fundamental values of the institution of the Parliament in this State. By adopting and upholding this Code, all Members of Parliament share in and support these values.

As Members of Parliament, we value:

  • the public interest and the fundamental objective of public office to act solely in terms of the public interest;
  • the improvement of the economic and social conditions of all Tasmanian people, and our service to our fellow citizens to achieve this;
  • the promotion of human, social and environmental welfare through the responsible execution of our official duties;
  • integrity, honesty, accessibility, accountability, fairness, transparency, courtesy, respect and understanding, without harassment, victimisation or discrimination;
  • respect for differences, equity and fairness in political dealings, with fellow Members of Parliament; and
  • ethical political practices that support the democratic traditions of our State and its institutions, and the rejection of political corruption.

 

ETHICAL STANDARDS

Conflict of interest

A Member protects and upholds the public interest by taking all reasonable steps to avoid, disclose and manage any conflict of interest that arises, or is likely to arise, between their personal interests and their official duties.

A conflict of interest may be financial or non-financial and may be potential, actual or perceived.

A conflict of interest does not exist where the Member, their spouse or domestic partner, relative or associate is affected only as a member of the public or of a broad class of persons.

Each Member is individually responsible for avoiding and managing conflicts of interest.

 

Declaration of personal interests

A Member is personally responsible for full and accurate disclosure of their financial and other interests, in accordance with their obligations under the Parliamentary (Disclosure of Interests) Act 1996.

 

Use of public office

A Member makes proper use of their office to represent and serve the community, conducting themselves in ways that maintains the trust and confidence of the public.

A Member must not use their influence as a Member to improperly obtain appointment, promotion, advancement, transfer or any other advantage or benefit on behalf of themselves or other persons.

A Member must not appoint their spouse, domestic partner or relative to a position in their own office.

A Member must not receive or seek to receive any fee, payment, retainer or reward, nor permit any compensation to accrue to their beneficial interest, for or on account of, or as a result of, their position as a Member, other than compensation to which they are entitled as a Member of Parliament.

 

Use of official information

A Member makes appropriate use of official information strictly for the purpose of performing their role as a Member of Parliament in the best interests of the public.

A Member must take care to protect confidential and official information in their possession or knowledge.

A Member must not use official information which is not in the public domain, or information obtained in confidence in the course of their official duties or position, for the advantage or benefit of themselves or another person.

 

Use of public resources

A Member uses public resources and assets strictly for the purpose of performing their role as a Member of Parliament, and in accordance with any rules and guidelines regarding the use of those resources and assets.

A Member must not use public resources, or allow such resources to be used by others, for personal advantage or benefit.

A Member must be scrupulous in ensuring the legitimacy and accuracy of any claim they make on the public account.

 

Gifts and benefits

A Member must adhere to standards of transparency and accountability in relation to gifts or benefits, and carry out their duties as a Member of Parliament without being influenced by gifts or benefits.

A Member must not solicit, encourage or accept gifts, benefits or favours which may improperly influence the Member in the exercise of their duties, or may give the appearance of improper influence. Exceptions to this are incidental gifts or customary hospitality of nominal value.

A Member must declare gifts and benefits received, as required by the Parliamentary (Disclosure of Interests) Act 1996.

 

Accuracy of statements

A Member must only make statements in Parliament and in public that are, to the best of their knowledge, accurate and honest.

A Member must not mislead Parliament or the public in statements that they may make.

Whether any misleading was intentional or unintentional a Member is obliged to correct the Parliamentary record or the public record, at the earliest opportunity in a manner that is appropriate to the circumstances.

 

Outside employment

A Member must manage employment outside of Parliament to ensure that any such employment does not interfere with their duties as a Member of Parliament.

A Member must not engage in any employment outside Parliament that involves a substantial commitment of time and effort to the extent that it interferes with their duties as a Member.

Upholding the principles of respect, justice and inclusion for all Tasmanians

Members agree to respect the religious and cultural beliefs of others, in accordance with the Universal Declaration of Human Rights.

Members agree to uphold the principles of justice and inclusion among our multicultural society, making efforts to generate understanding of all groups.

Members agree to recognise and value diversity as an integral part of Australia’s social and economic future.

Members should promote reconciliation with Indigenous Australians.

 

Parliamentary conduct

A Member conducts themselves in Parliament in ways that will protect the public interest, and enhance public confidence and trust in Parliament.

A Member must observe proper standards of parliamentary conduct by complying with Standing Orders, and directions of the Presiding Officer.

A Member must take particular care to consider the rights and reputations of others before making use of the unique protection available under parliamentary privilege. This privilege should never be used recklessly or without due regard to accuracy.”

 

Second Amendment:—

Standing Order 2, repeal paragraph (e).

 

Third Amendment:—

Standing Order 325, after "Privileges" insert "and Conduct".

 

Fourth Amendment:—

Standing Order 325, after "Privilege" insert "or the provisions of the Code of Conduct".

 

Fifth Amendment:—

Standing Order 325, leave out “five” insert “seven.”

Original Motion

That the Standing Orders and Rules of the House be amended as follows:—

 

First Amendment:—

Standing Order 2, paragraph (d), leave out all the words after 'following' and insert instead:—

 

"Code of Conduct:—

PREAMBLE

Members of Parliament recognise that their actions have an impact on the lives of all Tasmanian people. Fulfilling their obligations and discharging their duties responsibly requires a commitment to the highest ethical standards to maintain and strengthen the democratic traditions of the State and the integrity of its institutions.

Compliance with the law may not always be enough to guarantee an acceptable standard of conduct. Members must not only act lawfully, but also in a manner that will withstand close public scrutiny.

This Code sets out ethical standards and principles to assist Members in observing expected standards of conduct in public office and to act as a benchmark against which their conduct can be measured.

Neither the law nor this Code is designed to be exhaustive, and there may be instances where Members find it necessary to adopt more stringent norms of conduct in order to protect the public interest, and to enhance public confidence and trust. In making choices about conduct, Members should have regard to community values and standards.

Members should also, where possible, avoid giving unnecessary offence to groups in the community whose beliefs and views differ from those held by the Members or by groups the Member represents.

Members are expected to promote and support this Code by leadership and example.

 

STATEMENT OF VALUES

This Code is derived from the fundamental values of the institution of the Parliament in this State. By adopting and upholding this Code, all Members of Parliament share in and support these values.

As Members of Parliament, we value:

  • the public interest and the fundamental objective of public office to act solely in terms of the public interest;
  • the improvement of the economic and social conditions of all Tasmanian people, and our service to our fellow citizens to achieve this;
  • the promotion of human, social and environmental welfare through the responsible execution of our official duties;
  • integrity, honesty, accessibility, accountability, fairness, transparency, courtesy, respect and understanding, without harassment, victimisation or discrimination;
  • respect for differences, equity and fairness in political dealings, with fellow Members of Parliament; and
  • ethical political practices that support the democratic traditions of our State and its institutions, and the rejection of political corruption.

 

ETHICAL STANDARDS

Conflict of interest

A Member protects and upholds the public interest by taking all reasonable steps to avoid, disclose and manage any conflict of interest that arises, or is likely to arise, between their personal interests and their official duties.

A conflict of interest may be financial or non-financial and may be potential, actual or perceived.

A conflict of interest does not exist where the Member, their spouse or domestic partner, relative or associate is affected only as a member of the public or of a broad class of persons.

Each Member is individually responsible for avoiding and managing conflicts of interest.

 

Declaration of personal interests

A Member is personally responsible for full and accurate disclosure of their financial and other interests, in accordance with their obligations under the Parliamentary (Disclosure of Interests) Act 1996.

 

Use of public office

A Member makes proper use of their office to represent and serve the community, conducting themselves in ways that maintains the trust and confidence of the public.

A Member must not use their influence as a Member to improperly obtain appointment, promotion, advancement, transfer or any other advantage or benefit on behalf of themselves or other persons.

A Member must not appoint their spouse, domestic partner or relative to a position in their own office.

A Member must not receive or seek to receive any fee, payment, retainer or reward, nor permit any compensation to accrue to their beneficial interest, for or on account of, or as a result of, their position as a Member, other than compensation to which they are entitled as a Member of Parliament.

 

Use of official information

A Member makes appropriate use of official information strictly for the purpose of performing their role as a Member of Parliament in the best interests of the public.

A Member must take care to protect confidential and official information in their possession or knowledge.

A Member must not use official information which is not in the public domain, or information obtained in confidence in the course of their official duties or position, for the advantage or benefit of themselves or another person.

 

Use of public resources

A Member uses public resources and assets strictly for the purpose of performing their role as a Member of Parliament, and in accordance with any rules and guidelines regarding the use of those resources and assets.

A Member must not use public resources, or allow such resources to be used by others, for personal advantage or benefit.

A Member must be scrupulous in ensuring the legitimacy and accuracy of any claim they make on the public account.

 

Gifts and benefits

A Member must adhere to standards of transparency and accountability in relation to gifts or benefits, and carry out their duties as a Member of Parliament without being influenced by gifts or benefits.

A Member must not solicit, encourage or accept gifts, benefits or favours which may improperly influence the Member in the exercise of their duties, or may give the appearance of improper influence. Exceptions to this are incidental gifts or customary hospitality of nominal value.

A Member must declare gifts and benefits received, as required by the Parliamentary (Disclosure of Interests) Act 1996.

 

Accuracy of statements

A Member must only make statements in Parliament and in public that are, to the best of their knowledge, accurate and honest.

A Member must not mislead Parliament or the public in statements that they may make.

Whether any misleading was intentional or unintentional a Member is obliged to correct the Parliamentary record or the public record, at the earliest opportunity in a manner that is appropriate to the circumstances.

 

Outside employment

A Member must manage employment outside of Parliament to ensure that any such employment does not interfere with their duties as a Member of Parliament.

A Member must not engage in any employment outside Parliament that involves a substantial commitment of time and effort to the extent that it interferes with their duties as a Member.

Upholding the principles of respect, justice and inclusion for all Tasmanians

Members agree to respect the religious and cultural beliefs of others, in accordance with the Universal Declaration of Human Rights.

Members agree to uphold the principles of justice and inclusion among our multicultural society, making efforts to generate understanding of all groups.

Members agree to recognise and value diversity as an integral part of Australia’s social and economic future.

Members should promote reconciliation with Indigenous Australians.

 

Parliamentary conduct

A Member conducts themselves in Parliament in ways that will protect the public interest, and enhance public confidence and trust in Parliament.

A Member must observe proper standards of parliamentary conduct by complying with Standing Orders, and directions of the Presiding Officer.

A Member must take particular care to consider the rights and reputations of others before making use of the unique protection available under parliamentary privilege. This privilege should never be used recklessly or without due regard to accuracy.”

 

Second Amendment:—

Standing Order 2, repeal paragraph (e).

 

Third Amendment:—

Standing Order 325, after "Privileges" insert "and Conduct".

 

Fourth Amendment:—

Standing Order 325, after "Privilege" insert "or the provisions of the Code of Conduct".


Final Motion Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 21 March 2019 - Bill, Motor Accidents (Liabilities and Compensation) Amendment Bill 2019


Third Reading Passed

 

 

Other (Moved by Labor) - Suspension of standing orders to debate a Motion of Censure.
Thursday, 21 March 2019 - Motion, Motion of Censure in the Minister for Health

Subject of Debate

That so much of Standing Orders be suspended as would prevent a Motion of Censure in the Minister for Health, of which notice has been given this day, from being brought on for debate forthwith.

Supported

Greens, Labor

Opposed

Liberals

Other Negatived

 

 

Upper House Amendments (Moved by Liberals) - Amendment providing that an authorised officer or gas safety officer must be accompanied by a police officer when entering a place with the authority of a warrant.
Thursday, 21 March 2019 - Bill, Gas Safety Bill 2018

Amendment

Clause 106

Page 114, after subclause (3).

Insert the following subclause:

(A)   An authorised officer or gas safety officer must be accompanied by a police officer when entering a place with the authority of a warrant.


Upper House Amendments Passed

 

 

Upper House Amendments (Moved by Liberals) - Amendment including provisions requiring an authorised officer or gas safety officer must be accompanied by a police officer when entering a place with the authority of a warrant.
Thursday, 21 March 2019 - Bill, Gas Industry Bill 2018

Amendment

Clause 44

Page 67, subclause (2), after “may”.

Insert “, in writing,”.

 

Clause 73

Page 100, after subclause (3).

Insert the following subsection:

(3A)       An authorised officer, or a gas officer, must be accompanied by a police officer when entering a place with the authority of a warrant.


Upper House Amendments Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 21 March 2019 - Bill, Electoral Amendment Bill 2019


Third Reading Passed

 

 

Amendment (Moved by Labor) - Amendment to provide for a mandatory review of the new provisions.
Wednesday, 10 April 2019 - Bill, Workers Rehabilitation and Compensation Amendment (Presumption as to Cause of Disease) Bill 2019

Amendment

Amendment proposed (Ms O’Byrne) by inserting new section 28B after proposed new section 28A:

(1)    The Minister must cause a review of the operation into section 28A to be undertaken and completed as soon as practicable after the end of:

(a)     the 12 month period from the commencement of the section;

(b)    each 2 year period after the completion of each previous review of the operation of Section 28A.

(2)    The person who undertakes the review must provide a written report of the review to the Minister as soon as practicable after the review is completed.

(3)    The Minister must cause the written report of the review to be laid before each House of Parliament within 10 sitting days after the report is provided to the Minister.

Supported

Greens, Labor

Opposed

Hickey, Liberals

Amendment Negatived

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Wednesday, 10 April 2019 - Bill, Workers Rehabilitation and Compensation Amendment (Presumption as to Cause of Disease) Bill 2019


Third Reading Passed

 

 

Other (Moved by Labor) - An amendment to initiate immediate debate on legislation on returned from the Legislative Council.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Amendment

Amendment proposed (Ms Haddad) to leave out “tomorrow” and insert instead “forthwith”.

Subject of Debate

That the said Message be taken into consideration tomorrow.

Supported

Greens, Hickey, Labor

Opposed

Liberals

Other Passed

 

 

Other (Moved by Liberals) - Vote on the amended question that debate be immediately initiated on legislation returned from the Legislative Council.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Subject of Debate

That the said Message be taken into consideration forthwith.

Supported

Greens, Hickey, Labor

Opposed

Liberals

Other Passed

 

 

Upper House Amendments (Moved by Liberals) - Motion to reject amendment to the title of the bill to include "Gender".
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Subject of Debate

Motion made and Question proposed – To disagree to the Amendment of the Legislative Council (The Premier);

Original Amendment

Clause 1

Page 5.

Leave out "Marriage".

Insert instead "Marriage and Gender".

Supported

Liberals

Opposed

Greens, Hickey, Labor

Upper House Amendments Negatived

 

 

Upper House Amendments (Moved by Liberals) - An amendment to remove the commencement date of the day on which this Act receives the Royal Assent.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Amendment

Clause 2

Page 5.

Leave out the Clause.


Upper House Amendments Passed

 

 

Upper House Amendments (Moved by Liberals) - An amendment containing explicit reference to mother and father before "a parent or a guardian".
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Amendment

Page 7, paragraph (a).

Leave out the words "a parent or guardian".

Insert instead "the father, the mother, a parent or a guardian".


Upper House Amendments Passed

 

 

Upper House Amendments (Moved by Liberals) - An amendment replace "the parent" with "the father, mother or parent".
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Amendment

Second amendment

Same page, paragraph (b).

Leave out the words "the parent".

Insert instead "the father, mother or parent".


Upper House Amendments Passed

 

 

Upper House Amendments (Moved by Liberals) - An amendment replace "the parent" with "the father, mother or parent".
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Amendment

Clause 7

Page 7.

Leave out the words "a parent".

Insert instead "the father, the mother, a parent or a guardian".


Upper House Amendments Passed

 

 

Upper House Amendments (Moved by Liberals) - Motion to reject amendment introducing a number of additional definitions.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Subject of Debate

Motion made and Question proposed – To disagree to the Amendment of the Legislative Council (The Premier)

Original Amendment

Clause 13

First amendment

Page 11, paragraph (a).

Leave out the paragraph.

Insert instead the following paragraphs:

(a)           by inserting the following definitions after the definition of funeral director:

"gender" – see section 3A;

"gender amendments day" means the day on which Part 4 of the Justice and Related Legislation (Marriage and Gender Amendments) Act 2019 commences;

"gender declaration" means a statutory declaration in which the declarant declares that the declarant identifies as being of the gender specified in the declaration and lives, or seeks to live, as a person of that gender;

(ba)         by inserting the following definitions after the definition of midwife:

"previous registered gender", in relation to a person, means a gender that was the registered gender in relation to the person before section 28C(7) applied in relation to the registered gender;

"previous registered sex", in relation to a person, means a sex that was the registered sex in relation to the person before section 28C(7) applied in relation to the registered sex;

Supported

Liberals

Opposed

Greens, Hickey, Labor

Upper House Amendments Negatived

 

 

Upper House Amendments (Moved by Liberals) - Motion to reject amendment introducing a definition of registered sex.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Subject of Debate

Motion made and Question proposed – To disagree to the Amendment of the Legislative Council (The Premier);

Original Amendment

 Page 12, after paragraph (b).

                Insert the following paragraph:

(ca)     by inserting the following definitions after the definition of Register:

"registered gender", in relation to a person, means the registered gender in relation to the person that is registered under section 28C(1) and that has not ceased in accordance with section 28C(7) to be the registered gender in relation to the person;

            "registered sex", in relation to a person, means –

(a)                      the sex that is registered under section 16(3) or (4) in relation to the person; or

(b)                      the sex of the person that was last registered under this Act in relation to the person before the gender amendments day –

             if that sex has not ceased in accordance with section 28C(7) to be the registered sex in relation to the person;

Supported

Liberals

Opposed

Greens, Hickey, Labor

Upper House Amendments Negatived

 

 

Upper House Amendments (Moved by Liberals) - Amendment to omit Clause 14.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Amendment

Clause 14

Page 13.

Leave out the Clause.


Upper House Amendments Passed

 

 

Upper House Amendments (Moved by Liberals) - Motion to reject amendment replacing a reference to gender with a reference to sex.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Subject of Debate

Motion made and Question proposed – To disagree to the Amendment of the Legislative Council (The Premier);

Original Amendment

Clause 15

Page 13, proposed new subsection (1), paragraph (b).

Leave out "gender".

Insert instead "sex".

Supported

Liberals

Opposed

Greens, Hickey, Labor

Upper House Amendments Negatived

 

 

Upper House Amendments (Moved by Liberals) - Motion to reject amendment introducing mandatory recording of birth sex and prohibiting changing of birth sex except to correct errors.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Subject of Debate

Motion made and Question proposed – To disagree to the Amendment of the Legislative Council (The Premier);

Original Amendment

Clause 16

Page 14, proposed new subsection (3).

Leave out the proposed new subsection.

Insert instead the following new subsections:

(3)       The Registrar, in registering the birth of a person, is to register the sex of the person as being either male or female.

(4)       The Registrar may not change from male to female, or from female to male, the registered sex in relation to a person, except if it is necessary to correct an error made before or at the time the person's sex was first registered in relation to the person.

(5)       The Registrar may only register the sex of a person under subsection (3) or (4) and must not register the sex of a person as any sex other than male or female.

(6)       Nothing in subsection (3), (4) or (5) is to be taken –

(a)        to prevent a gender being registered under section 28C(1) in relation to a person; or

(b)       to prevent a registered sex in relation to a person ceasing, in accordance with section 28C(7), to be the registered sex in relation to the person; or

(c)        to invalidate the registration of a previous registered sex that occurred before the gender amendments day.

Supported

Liberals

Opposed

Greens, Hickey, Labor

Upper House Amendments Negatived

 

 

Upper House Amendments (Moved by Liberals) - Motion to reject amendment making a minor terminology change.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Subject of Debate

Motion made and Question proposed – To disagree to the Amendment of the Legislative Council (The Premier);

Original Amendment

Clause 18

Page 14.

Leave out "of 16 years or over".

Insert instead "who has attained the age of 16 years".

Supported

Liberals

Opposed

Greens, Hickey, Labor

Upper House Amendments Negatived

 

 

Upper House Amendments (Moved by Liberals) - Motion to reject amendment making a minor terminology change.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Subject of Debate

Motion made and Question proposed – To disagree to the Amendment of the Legislative Council (The Premier);

Original Amendment

Clause 19

Page 14, paragraph (a).

Leave out "under the age of 16 years".

Insert instead "who has not attained the age of 16 years".

Supported

Liberals

Opposed

Greens, Hickey, Labor

Upper House Amendments Negatived

 

 

Upper House Amendments (Moved by Liberals) - Amendment to remove Clause 20.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Amendment

Clause 20

Page 15.

Leave out the Clause.


Upper House Amendments Passed

 

 

Upper House Amendments (Moved by Liberals) - Motion to reject amendment replacing Section 4A with another section 4A.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Subject of Debate

Motion made and Question proposed – To disagree to the Amendment of the Legislative Council (The Premier);

Original Amendment

Clause 21

Page 16, proposed new Part 4A.

Leave out the proposed new Part.

 

Insert instead the following proposed new Part:

 

Part 4A- Gender Identity

28A. Registration of gender identity

(1)       A person who has attained the age of 16 years and whose birth is registered in this State may apply to the Registrar to have a gender, specified in the application, registered in relation to the person.

 

(2)       An application under subsection (1) by a person to have a gender registered in relation to the person –

(a)        is to be in the approved form; and

(b)       is to be accompanied by a gender declaration made by the person; and

(c)        is to be accompanied by any other document or information that the Registrar reasonably requires, other than a medical certificate, or other medical document, in relation to the sex, sexual characteristics or gender of the person.

 

(3)       The parents, or guardians, of a person who has not attained the age of 16 years and whose birth is registered in this State may apply to the Registrar to have a gender, specified in the application, registered in relation to the person.

(4)       One of the parents, or a guardian, of a person who has not attained the age of 16 years and whose birth is registered in this State may apply to the Registrar to have a gender, specified in the application, registered in relation to the person, if –

(a)       the applicant is the sole parent named in the registration under this Act of the person's birth; or

(b)      the guardian is the sole guardian of the person; or

(c)       there is no other surviving parent of the person; or

(d)      the registration of the gender in relation to the person is approved by a magistrate under section 28B(2)(a).

 

(5)        An application under subsection (3) or (4) to have a gender registered in relation to a person is to be –

(a)       in the approved form; and

(b)      accompanied by –

(i)        if the person is able to make a statutory declaration – a gender declaration made by the person; or

(ii)       if the person is not able to make a statutory declaration but is able to express the person's will and preference – a statement from each of the applicants stating that the applicant believes on reasonable grounds that the registration of the gender in relation to the person is consistent with the will and preference of the person; and

(c)       accompanied by any other document or information that the Registrar reasonably requires, other than a medical certificate, or other medical document, in relation to the sex, sexual characteristics or gender of the person.

 

(6)       An application under subsection (1), (3) or (4) to have a gender registered in relation to a person who has not attained the age of 18 years may be accompanied by evidence that –

(a)       the person has undertaken counselling as to –

(i)        whether or not the application ought to be made; and

(ii)       the implications of the registration of the gender in relation to the person; and

(b)      the counselling was provided by a person, chosen by the applicant, who the applicant considers has suitable qualifications, training or experience to provide such counselling.

 

(7)     An application must not be made under this section in relation to a person within 12 months after a gender has been registered in relation to the person.

 

28B. Approval by magistrate of registration of gender

(1)           A parent, or guardian, of a person who has not attained the age of 16 years may apply to a magistrate to approve the registration of a gender, specified in the application, in relation to the person.

 

(2)           A magistrate to whom an application is made under subsection (1) to approve the registration of a gender, specified in the application, in relation to a person may –

 

(a)            approve the registration of the gender in relation to the person; or

(b)           refuse to approve the registration of the gender in relation to the person.

 

(3)           A magistrate may only approve the registration of a gender in relation to a person if the magistrate –

 

(a)            is satisfied that the registration of the gender in relation to the person is consistent with the will and preference of the person; or

(b)       is satisfied that the person is unable to understand the meaning and implications of the registration of the gender in relation to the person.

 

28C. Registration of gender

 

(1)          The Registrar, after receiving an application made under section 28A(1), (3) or (4) for a gender to be registered in relation to a person –

(a) must –

(i)        register the gender as the registered gender in relation to the person by making an entry in the Register specifying the gender to be the registered gender in relation to the person; and

(ii)       make any other changes to the Register that are necessary to indicate that each previous registered sex, and each previous registered gender, of the person is no longer the registered sex or registered gender in relation to the person; or

(b)          must refuse to register the gender as the registered gender in relation to the person.

 

(2)          The Registrar may only register under subsection (1) a gender as the registered gender in relation to a person in accordance with an application made under section 28A(3) or (4) if the Registrar is satisfied that –

 

(a)      the gender to be registered in relation to the person is consistent with the will and preference of the person; or

(b)      the person is unable to understand the meaning and implications of the registration of the gender in relation to the person.

 

(3)         The Registrar may, before determining under subsection (1) an application made under section 28A(1), (3) or (4), require a person who made the application to provide to the Registrar the further documents or information that the Registrar reasonably requires, other than a medical certificate, or other medical document, that relates to the sex, sexual characteristics or gender of the person to whom the application relates.

 

(4)         Despite subsection (3), the Registrar may, before determining under subsection (1) an application made under section 28A(1), (3) or (4) in relation to a person, require the applicant to provide to the Registrar appropriate evidence of counselling of the person, if –

(a)        the person has not attained the age of 18 years; and

(b)        the application is not accompanied by evidence under section 28A(6) of counselling being provided by a person who the Registrar considers is a person with suitable qualifications, training or experience to provide such counselling.

 

(5)         For the purposes of subsection (4), appropriate evidence of counselling of the person is evidence that –

(a) the person has undertaken counselling as to –

(i)       whether or not the application to register a gender ought to be made; and

(ii)       the implications of the registration of the gender in relation to the person; and

(b)        the counselling was provided by a person, agreed to by the Registrar and the applicant, who the Registrar considers has suitable qualifications, training or experience to provide such counselling.

 

(6)       If the Registrar determines under subsection (1) an application made under 28A(1), (3) or (4) by refusing to register a gender as the registered gender in relation to a person –

(a)           the Registrar must record the Registrar's reasons for the refusal; and

(b)           the Registrar must provide, to the person who made the application, the Registrar's reasons for the refusal; and

(c)           the person who made the application may make an application under section 53 in relation to the decision. 

 

(7)        If a gender is registered as the registered gender in relation to a person under subsection (1) –

(a)           any registered sex that was previously registered in relation to the person ceases to be the registered sex in relation to the person; and

(b)          any registered gender that was previously registered in relation to the person ceases to be the registered gender in relation to the person.

 

28D. References to sex and gender

(1)        If there is a registered gender in relation to a person, the person is, for the purposes of, but subject to, any law in force in this State, a person of that gender.

 

(2)        Subject to subsection (3), a reference to a person's sex in any law in force in this State is taken to be, in relation to a person whose birth is registered in this State, a reference to –

(a)           the registered sex, if any, in relation to the person; or

(b)          the registered gender, if any, in relation to the person.

 

(3)       In any law in force in this State –

(a)           a reference to the pregnancy of a female, female person or woman includes a reference to the pregnancy of a person of another gender; and

(b)          a reference to the termination, or attempted termination, of a pregnancy of a female, female person or woman includes a reference to the termination, or attempted termination, of a pregnancy of person of another gender; and

(c)           a reference to the fertilisation of a human egg outside of the body of a woman does not include the fertilisation of a human egg inside of the body of a person of another gender who has a female reproductive tract; and

(d)          a reference to the mother of a child, or a child of a female or a woman, includes a reference to a person of another gender who carried the child in the person's female reproductive tract, or who gave birth to a child, except –

(i)         if the person is to be taken by the operation of the Surrogacy Act 2012 or another law to have ceased to be such a mother; or

(ii)        if the person is to be taken by the operation of the Surrogacy Act 2012 or another law to have ceased to be the child of such a mother; and

(e)           an assumption as to the ability of a person to procreate as a female or male is to be determined irrespective of the registered gender of the person.

 

(4)        Despite any other provision of an Act –

(a)            if a person in respect of whom there is a registered gender requests that a search of the person, that is to be conducted, be conducted by a male or female, a search of the person is not to be taken to be invalid, unauthorised or unlawful by reason only that the search was, in accordance with the request, conducted by a male or female; and

(b)            if a police officer asks a person in respect of whom a search is to be conducted whether the person wishes to have the search be conducted by a male or female, a search of the person is not to be taken to be invalid, unauthorised or unlawful by reason only that the search was, in accordance with the request, conducted by a male or female.

 

(5)     The registration of the registered gender in relation to a person under section 28C(1) does not affect any relationship of that person arising by consanguinity or by operation of law.

 

(6)     A person who is entitled as a beneficiary –

(a) under a will; or

(b) under a trust; or

(c) otherwise by operation of law –

 

does not, except as otherwise provided under the will, trust or by the law conferring the entitlement, forfeit any right or entitlement by reason only of the fact that a registered gender in relation to the person has been registered under section 28C(1).

 

(7)     Subsection (6) does not operate so as to confer any right or entitlement that would not exist apart from that subsection.

 

28E. Recognition of certificates issued outside State

A person in respect of whom there is a recognition certificate in force is taken to be, for the purposes of, but subject to, any law in force in this State, a person of the sex, or gender, as the case may be, stated in the recognition certificate.

Supported

Liberals

Opposed

Greens, Hickey, Labor

Upper House Amendments Negatived

 

 

Upper House Amendments (Moved by Liberals) - Amendment to remove Clause 22.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Subject of Debate

Clause 22

Page 25.

Leave out the Clause.


Upper House Amendments Passed

 

 

Upper House Amendments (Moved by Liberals) - Motion to reject amendment introducing provisions relating to the inclusion of sex or gender on a birth certificate.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Subject of Debate

Motion made and Question proposed – To disagree to the Amendment of the Legislative Council (The Premier);

Original Amendment

 Clause 23

             Page 25.

             Leave out all words after "is amended".

             Insert instead "by inserting after subsection (2) the following subsections:

(3)       Subject to subsection (7), information about the sex, or gender, of a person may only be included on a birth certificate if –

(a)        the information is requested by a person who has attained the age of 16 years and who is the person to whom the certificate relates; or

(b)       if the person to whom the certificate relates has not attained the age of 16 years – if the information is requested by a parent or guardian of the person; or

(c)        if the information is requested by an applicant who is the child of the person to whom the certificate relates, or a member of a class of prescribed persons, and if the Registrar is satisfied that –

(i)        there is a valid reason for the child or person, respectively, to have access to the information; and

(ii)       the person to whom the birth certificate relates is unable to consent to the disclosure of the information due to death or incapacity; and

(iii)        there are unlikely to be negative consequences to the person to whom the certificate relates.

(4)       An applicant for a birth certificate in relation to a person must, if there is a registered sex in relation to the person –

(a)        request the Registrar not to include on the birth certificate any reference to sex or gender; or

(b)        request the Registrar to include on the birth certificate the registered sex in relation to the person, without a notation as to each previous registered sex in relation to the person; or

(c)        request the Registrar to include on the birth certificate the registered sex in relation to the person, with a notation as to each previous registered sex in relation to the person.

(5)       An applicant for a birth certificate in relation to a person must, if there is a registered gender in relation to the person –

      (a)        request the Registrar not to include on the birth certificate any reference to the sex or gender of the person; or

(b)        request the Registrar to include on the birth certificate the registered gender in relation to the person, without a notation as to any other sex or gender in relation to the person; or

(c)        request the Registrar to include on the birth certificate the registered gender in relation to the person, with a notation as to each previous registered sex, and each previous registered gender, in relation to the person.

(6)       If an application is made to the Registrar for a birth certificate in relation to a person and the applicant –

      (a)        has made a request under subsection (4)(a) or (5)(a), the Registrar is not to include on the birth certificate any reference to sex or gender; or

      (b)       has made a request under subsection (4)(b) or (5)(b), the Registrar is to include on the birth certificate the registered sex or registered gender in relation to the person, without a notation as to any other sex or gender; or

      (c)        has made a request under subsection (4)(c) or (5)(c), the Registrar is to include on the birth certificate the registered sex or registered gender in relation to the person, with a notation as to each previous registered sex, and each previous registered gender, in relation to the person.

(7)       The Registrar must ensure that, on a birth certificate that is issued, in relation to the birth of a person, in accordance with a request under subsection (4)(b) or (c) or (5)(b) or (c) – 

      (a)        any denotation of the current registered sex or registered gender of the person by a word or phrase is made without any reference to sex and with a denotation that the word or phrase relates to gender; and

       (b)       any denotation of the previous registered sex, or previous registered gender, of the person by a word or phrase is made without any reference to sex and with a denotation that the word or phrase relates to the previous registered gender of the person.

(8)       If a change of name is registered under Part 4 in relation to a person, a birth certificate issued in relation to the person is to – 

      (a)        show the name so registered without any notation or indication that there was another name previously registered in relation to the person; or

            (b)       if a request is made to the Registrar under subsection (9) in relation to the person and the Registrar is not prevented under subsection (10) from complying with the request, show the name so registered with a notation or indication as to each other name that was registered in relation to the person before the change of name was registered.

(9)       An applicant for a birth certificate in relation to a  person whose change of name is registered under Part 4 may request the Registrar to issue a birth certificate in relation to the person with a notation or indication as to each other name that was registered in relation to the person before the change of name was registered.

(10)    If the person making a request under subsection (9) in relation to an application for a birth certificate in relation to a person is not the person to whom the birth certificate relates, the Registrar must not comply with the request unless the applicant is the child of the person to whom the certificate relates, or a member of a class of prescribed persons, and the Registrar is satisfied that – 

(a)        there is a valid reason for the child or person, respectively, to have access to the information; and

(b)        the person to whom the birth certificate relates is unable to consent to the disclosure of the information due to death or incapacity; and

(c)        there are unlikely to be negative consequences to the person to whom the certificate relates.

Supported

Liberals

Opposed

Greens, Hickey, Labor

Upper House Amendments Negatived

 

 

Upper House Amendments (Moved by Liberals) - Motion to reject amendment to replace "gender" with "sex or gender".
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Subject of Debate

Motion made and Question proposed – To disagree to the Amendment of the Legislative Council (The Premier);

Original Amendment

Clause 24

Page 26, proposed new subsection (1A).

Leave out "the gender of a person as registered or collected under section 50".

Insert instead "the sex or gender registered in relation to a person".

Supported

Liberals

Opposed

Greens, Hickey, Labor

Upper House Amendments Negatived

 

 

Upper House Amendments (Moved by Liberals) - A number of amendments to clause 32.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Amendment

Clause 32

 

First amendment

Page 30, paragraph (a).

Leave out the words "the person's parents".

Insert instead "the person's father, mother or parents".

 

Second amendment

Same page, paragraph (b).

Leave out the words "person's parents".

Insert instead "person's father, mother or parent".

 

Third amendment

Same page, paragraph (c).

Leave out the words "either of the person's parents".

Insert instead "the person's father, mother or either of the person's parents".

 

New Clause A

To follow clause 1, in Part 1.

A.      Commencement

(1)    Except as provided by this section, the provisions of this Act commence on the day on which this Act receives the Royal Assent.

(2)    Part 4 commences on a day to be proclaimed, but if that Part has not commenced before 120 days after the day on which this Act receives the Royal Assent, that Part is taken to commence 120 days after the day on which this Act receives the Royal Assent.


Upper House Amendments Passed

 

 

Upper House Amendments (Moved by Liberals) - Motion to reject amendment to insert a new section 3A.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Subject of Debate

Motion made and Question proposed – To disagree to the Amendment of the Legislative Council (The Premier);

Original Amendment

New Clause B

 To follow Clause 11.

            

B.      Section 3A inserted

After section 3 of the Principal Act the following section is inserted:

3A.  Meaning of, and designation of, gender

(1) In this Act –

"gender" means – 

(a)       male; or

(b)       female; or

(c)        indeterminate gender; or

(d)       non-binary; or

(e)       a word, or a phrase, that is used to indicate a person's perception of the person's self as being neither entirely male nor entirely female and that is prescribed; or

(f)        a word or phrase that is used to indicate a person's perception of the person's self as being neither entirely male nor entirely female.

(2)          For the purposes of the definition of gender in subsection (1) –  

(a)       a reference, in paragraph (a) of the definition, to "male" is to be taken to be a reference to the male gender; and

(b)       a reference, in paragraph (b) of that definition, to "female" is to be taken to be a reference to the female gender.

(3)    Without limiting the grounds on which the Registrar may refuse to register a gender in relation to a person, the Registrar may refuse to register, as a gender in relation to a person, a word or phrase (other than a word or phrase specified in or under paragraph (a), (b), (c), (d) or (e)) if the Registrar is of the opinion that the word or phrase is not within paragraph (f) of the definition of gender in subsection (1).

Supported

Liberals

Opposed

Greens, Hickey, Labor

Upper House Amendments Negatived

 

 

Upper House Amendments (Moved by Liberals) - Motion to reject amendment removing Section 27(3) from the Principal Act.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Subject of Debate

Motion made and Question proposed – to disagree to the Amendment of the Legislative Council (The Premier);

Original Amendment

New Clause C

To follow in Part 4, Clause 20

 

C.  Section 27 amended (Entries to be made in Register)

Section 27 of the Principal Act is amended by omitting subsection (3).

Supported

Liberals

Opposed

Greens, Hickey, Labor

Upper House Amendments Negatived

 

 

Upper House Amendments (Moved by Liberals) - Motion to reject amendment introducing an offence relating to the presentation of birth certificates with intent to deceive.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Subject of Debate

Motion made and Question proposed – to disagree to the Amendment of the Legislative Council (The Premier);

Original Amendment

New Clause D

To follow, in Part 4, Clause 24.

 

D.      Section 54 amended (False Representation)

Section 54 of the Principal Act is amended:

(a) by renumbering the section as subsection (1); and

(b) by inserting the following subsection after subsection (1):

(2) A person must not, with intention to deceive, produce to another person a birth certificate, a copy of a birth certificate, or a copy of an extract from the Register, issued for the person, that – 

(a) if there is a registered gender in relation to the person –

(i) shows a previous registered sex, or previous registered gender, in relation to the person; and 

(ii) does not also show the registered gender in relation to the person; or

(b) if a change of name of the person has been registered – 

(i) shows a previous registered name in relation to the person; and 

(ii) does not also show the last registered name in relation to the person.

Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

Supported

Liberals

Opposed

Greens, Hickey, Labor

Upper House Amendments Negatived

 

 

Upper House Amendments (Moved by Liberals) - Motion to reject amendment introducing transitional provisions.
Wednesday, 10 April 2019 - Bill, Justice and Related Legislation (Marriage and Gender Amendments) Bill 2018

Subject of Debate

Motion made and Question proposed – To disagree to the Amendment of the Legislative Council (The Premier);

Original Amendment

New Clause E 

To follow in Part 4, clause 24.

 

E.  Transitional provisions

(1) If an application under section 23 of this Act –

(a)       has been, before the gender amendments day, made in relation to a change of name of a person; and

(b)       has not been determined before that day –

this Act, as in force after that day, applies in relation to the application and the Registrar is to advise the person that the person may make to the Registrar an application under section 46(9) of this Act as in force after that day.

(2) If an application –

(a)       has been made under section 28A of this Act before the gender amendments day; and

(b)       has not been determined before that day –

the application lapses, but the Registrar must return to the applicant any fee paid by the applicant in relation to the application.

(3) Subsection (4) applies in relation to an application under this Act if –

(a)       the application is an application for the issue of a birth certificate or of an extract from the Register in relation to the registration of the birth of a person; and

(b)       the application was made before the gender amendments day; and

(c)       the application has not been, before that day, determined under this Act by issuing, or refusing to issue, a birth certificate or extract.

(4) If this subsection applies in relation to an application – 

(a)       the application is to be taken to be an application under section 46 of this Act as in force immediately after the gender amendments day; and

(b)       this Act, including section 46, as in force immediately after the gender amendments day, applies in relation to the application; and

(c)       the applicant is – 

(i)        if a request, in relation to the application, was made under section 28D(2) of this Act as in force before the gender amendments day – to be taken to have made, in relation to the application, a request under section 46(4)(b) of this Act as in force after that day; or

(ii)        if a request, in relation to the application, was not made under section 28D(2) of this Act as in force before the gender amendments day – to be taken to have made, in relation to the application, a request under section 46(4)(c) of this Act as in force after that day.

Supported

Liberals

Opposed

Greens, Hickey, Labor

Upper House Amendments Negatived

 

 

Final Motion (Moved by Liberals) - Motion passed without division.
Thursday, 11 April 2019 - Motion, Section 19 Return September 2018


Final Motion Passed

 

 

Other (Moved by Labor) - Seeking of leave to move a Motion without Notice.
Tuesday, 30 April 2019 - Motion, Want of confidence in Minister for Health

Subject of Debate

A Motion being made and the Question being proposed that Ms White have leave to make a Motion without notice.

Original Motion

That the House:-

(1)    Has no confidence in the Minister for Health, Hon Michael Ferguson MP. 

(2)    Notes the Minister’s first action was to endorse a budget that cut $210 million out of health and human services and he has continued to chronically underfund health, with less money to be spent on health next year than has been spent this year.

(3)    Notes that in the five years he has been Minister for Health the state of Tasmania’s health system has gotten worse and that he is unfit to continue in the role.

(4)    Acknowledges the comments from Doctors in the Tasmanian Health system who have collectively raised concern about the unsafe work environment, substandard patient care and the number of avoidable deaths because of the crisis in Tasmania’s health system.

(5)    Highlights with concern the unsafe levels of ambulance ramping which has seen ramping at the Royal Hobart Hospital increase by 500% in the past three years and notes the evidence which shows ramping causes morbidity and mortality.

(6)    Recognises that regularly every Southern Tasmanian Ambulance Tasmania crew is ramped at the hospital, causing up to 13 outstanding 000 cases to go un-responded and in such instances there are no paramedic crews available to respond to calls and that regions have no coverage.

(7)    Notes that Doctors have stated that night shifts are now “categorically unsafe for patients and medical staff alike”, that Doctors are currently working beyond their scope of practice, experience and skill set and that the workplace is not fit for purpose, and that they “anticipate increased patient complaints, litigation and coronial investigations as a result.”

(8)    Acknowledges the incredibly sad occasion when a woman miscarried in the Emergency Department waiting room in a chair in 2016, the occasion in 2018 when a patient was found deceased in the bushes outside the hospital and the recent tragedy of the death of a 70 year old man in the busy Emergency Department.

(9)    Points out with concern that mental health patients are languishing for up to 7 days in the Emergency Department and that while they are waiting for a bed they psychologically deteriorate, self-harm and attempt suicide.

(10) Reminds Members that the Minister for Health cut the number of acute mental health beds and despite a Coronial Report finding this to be a contributing factor in the death of a patient, he has not reversed this cut.

(11)  Further reminds Members that the Royal Hobart Hospital lost psychiatric medicine accreditation in 2017, the Launceston General Hospital lost emergency medicine accreditation in 2018 and on both occasions those hospitals lost staff.

(12) Further reminds Members that the Minister for Health delayed the Royal Hobart Hospital redevelopment by a year, he removed local decision making from hospitals and introduced a new governance structure that was subsequently abandoned at significant cost to the taxpayer.

(13) Notes the Minister for Health has denied women access to legal reproductive health services in the public health system.

(14) Notes the Minister for Health was happy for patients to be placed in storage rooms with hand bells rather than in dedicated hospital beds.

(15) Notes that on two occasions in the last six months this House has voted to establish Health Roundtables with key stakeholders and all sides of politics to examine solutions to the health crisis and that the Minister for Health has done nothing to progress these cross-party efforts and has deliberately ignored the will of this House.

(16) Reminds Members that Ministerial responsibility is a fundamental tenant of Westminster democracy that means Ministers must take ultimate responsibility for failures in their portfolios.

(17) Further notes that the Minister for Health is incapable of looking after the health of Tasmanians and that whatever excuse he offers it is too late after five years of neglect.


Other Passed

 

 

Other (Moved by Labor) - Moving to suspend Standing Orders for the purpose of moving a Motion Without Notice.
Tuesday, 30 April 2019 - Motion, Want of confidence in Minister for Health

Subject of Debate

A Motion being made and the Question being proposed - That so much of Standing Orders be suspended as would prevent a Motion of Want of Confidence in the Minister for Health from being brought on for debate forthwith.

Original Motion

That the House:-

(1)    Has no confidence in the Minister for Health, Hon Michael Ferguson MP. 

(2)    Notes the Minister’s first action was to endorse a budget that cut $210 million out of health and human services and he has continued to chronically underfund health, with less money to be spent on health next year than has been spent this year.

(3)    Notes that in the five years he has been Minister for Health the state of Tasmania’s health system has gotten worse and that he is unfit to continue in the role.

(4)    Acknowledges the comments from Doctors in the Tasmanian Health system who have collectively raised concern about the unsafe work environment, substandard patient care and the number of avoidable deaths because of the crisis in Tasmania’s health system.

(5)    Highlights with concern the unsafe levels of ambulance ramping which has seen ramping at the Royal Hobart Hospital increase by 500% in the past three years and notes the evidence which shows ramping causes morbidity and mortality.

(6)    Recognises that regularly every Southern Tasmanian Ambulance Tasmania crew is ramped at the hospital, causing up to 13 outstanding 000 cases to go un-responded and in such instances there are no paramedic crews available to respond to calls and that regions have no coverage.

(7)    Notes that Doctors have stated that night shifts are now “categorically unsafe for patients and medical staff alike”, that Doctors are currently working beyond their scope of practice, experience and skill set and that the workplace is not fit for purpose, and that they “anticipate increased patient complaints, litigation and coronial investigations as a result.”

(8)    Acknowledges the incredibly sad occasion when a woman miscarried in the Emergency Department waiting room in a chair in 2016, the occasion in 2018 when a patient was found deceased in the bushes outside the hospital and the recent tragedy of the death of a 70 year old man in the busy Emergency Department.

(9)    Points out with concern that mental health patients are languishing for up to 7 days in the Emergency Department and that while they are waiting for a bed they psychologically deteriorate, self-harm and attempt suicide.

(10) Reminds Members that the Minister for Health cut the number of acute mental health beds and despite a Coronial Report finding this to be a contributing factor in the death of a patient, he has not reversed this cut.

(11)  Further reminds Members that the Royal Hobart Hospital lost psychiatric medicine accreditation in 2017, the Launceston General Hospital lost emergency medicine accreditation in 2018 and on both occasions those hospitals lost staff.

(12) Further reminds Members that the Minister for Health delayed the Royal Hobart Hospital redevelopment by a year, he removed local decision making from hospitals and introduced a new governance structure that was subsequently abandoned at significant cost to the taxpayer.

(13) Notes the Minister for Health has denied women access to legal reproductive health services in the public health system.

(14) Notes the Minister for Health was happy for patients to be placed in storage rooms with hand bells rather than in dedicated hospital beds.

(15) Notes that on two occasions in the last six months this House has voted to establish Health Roundtables with key stakeholders and all sides of politics to examine solutions to the health crisis and that the Minister for Health has done nothing to progress these cross-party efforts and has deliberately ignored the will of this House.

(16) Reminds Members that Ministerial responsibility is a fundamental tenant of Westminster democracy that means Ministers must take ultimate responsibility for failures in their portfolios.

(17) Further notes that the Minister for Health is incapable of looking after the health of Tasmanians and that whatever excuse he offers it is too late after five years of neglect.


Other Passed

 

 

Other (Moved by Liberals) - Amendment seeking to limit the length of the debate.
Tuesday, 30 April 2019 - Motion, Want of confidence in Minister for Health

Amendment

An Amendment was proposed to the Question by the Deputy Premier after “forthwith” by inserting the following:-

“And that debate on the Motion be completed by 3 o’clock p.m, that in speaking to the Motion the Premier and the Leader of the Opposition shall speak for no longer than 40 minutes each and all other Members speak for not longer than 10 minutes each and that immediately following a vote on the Motion, the House proceeds to ‘Government Business.’”

Subject of Debate

That so much of Standing Orders be suspended as would prevent a Motion of Want of Confidence in the Minister for Health from being brought on for debate forthwith.


Other Negatived

 

 

Amendment (Moved by Greens) - Amendment to include refusing to send a representative to the Australian Capital Territory pill testing trial in the list of reasons for want of confidence.
Tuesday, 30 April 2019 - Motion, Want of confidence in Minister for Health

Amendment

Amendment proposed (Dr Woodruff) by inserting the following new clause after clause 13:

( )            Notes the Minister for Health refused to send a representative to the Australian Capital Territory pill testing trial reiterating his commitment to uninformed ideology above evidence-based public health policies that have potential to save lives.

Original Motion

That the House:-

(1)    Has no confidence in the Minister for Health, Hon Michael Ferguson MP. 

(2)    Notes the Minister’s first action was to endorse a budget that cut $210 million out of health and human services and he has continued to chronically underfund health, with less money to be spent on health next year than has been spent this year.

(3)    Notes that in the five years he has been Minister for Health the state of Tasmania’s health system has gotten worse and that he is unfit to continue in the role.

(4)    Acknowledges the comments from Doctors in the Tasmanian Health system who have collectively raised concern about the unsafe work environment, substandard patient care and the number of avoidable deaths because of the crisis in Tasmania’s health system.

(5)    Highlights with concern the unsafe levels of ambulance ramping which has seen ramping at the Royal Hobart Hospital increase by 500% in the past three years and notes the evidence which shows ramping causes morbidity and mortality.

(6)    Recognises that regularly every Southern Tasmanian Ambulance Tasmania crew is ramped at the hospital, causing up to 13 outstanding 000 cases to go un-responded and in such instances there are no paramedic crews available to respond to calls and that regions have no coverage.

(7)    Notes that Doctors have stated that night shifts are now “categorically unsafe for patients and medical staff alike”, that Doctors are currently working beyond their scope of practice, experience and skill set and that the workplace is not fit for purpose, and that they “anticipate increased patient complaints, litigation and coronial investigations as a result.”

(8)    Acknowledges the incredibly sad occasion when a woman miscarried in the Emergency Department waiting room in a chair in 2016, the occasion in 2018 when a patient was found deceased in the bushes outside the hospital and the recent tragedy of the death of a 70 year old man in the busy Emergency Department.

(9)    Points out with concern that mental health patients are languishing for up to 7 days in the Emergency Department and that while they are waiting for a bed they psychologically deteriorate, self-harm and attempt suicide.

(10) Reminds Members that the Minister for Health cut the number of acute mental health beds and despite a Coronial Report finding this to be a contributing factor in the death of a patient, he has not reversed this cut.

(11)  Further reminds Members that the Royal Hobart Hospital lost psychiatric medicine accreditation in 2017, the Launceston General Hospital lost emergency medicine accreditation in 2018 and on both occasions those hospitals lost staff.

(12) Further reminds Members that the Minister for Health delayed the Royal Hobart Hospital redevelopment by a year, he removed local decision making from hospitals and introduced a new governance structure that was subsequently abandoned at significant cost to the taxpayer.

(13) Notes the Minister for Health has denied women access to legal reproductive health services in the public health system.

(14) Notes the Minister for Health was happy for patients to be placed in storage rooms with hand bells rather than in dedicated hospital beds.

(15) Notes that on two occasions in the last six months this House has voted to establish Health Roundtables with key stakeholders and all sides of politics to examine solutions to the health crisis and that the Minister for Health has done nothing to progress these cross-party efforts and has deliberately ignored the will of this House.

(16) Reminds Members that Ministerial responsibility is a fundamental tenant of Westminster democracy that means Ministers must take ultimate responsibility for failures in their portfolios.

(17) Further notes that the Minister for Health is incapable of looking after the health of Tasmanians and that whatever excuse he offers it is too late after five years of neglect.


Amendment Negatived

 

 

Final Motion (Moved by Labor) - Motion negatived.
Tuesday, 30 April 2019 - Motion, Want of confidence in Minister for Health

Original Motion

That the House:-

(1)    Has no confidence in the Minister for Health, Hon Michael Ferguson MP. 

(2)    Notes the Minister’s first action was to endorse a budget that cut $210 million out of health and human services and he has continued to chronically underfund health, with less money to be spent on health next year than has been spent this year.

(3)    Notes that in the five years he has been Minister for Health the state of Tasmania’s health system has gotten worse and that he is unfit to continue in the role.

(4)    Acknowledges the comments from Doctors in the Tasmanian Health system who have collectively raised concern about the unsafe work environment, substandard patient care and the number of avoidable deaths because of the crisis in Tasmania’s health system.

(5)    Highlights with concern the unsafe levels of ambulance ramping which has seen ramping at the Royal Hobart Hospital increase by 500% in the past three years and notes the evidence which shows ramping causes morbidity and mortality.

(6)    Recognises that regularly every Southern Tasmanian Ambulance Tasmania crew is ramped at the hospital, causing up to 13 outstanding 000 cases to go un-responded and in such instances there are no paramedic crews available to respond to calls and that regions have no coverage.

(7)    Notes that Doctors have stated that night shifts are now “categorically unsafe for patients and medical staff alike”, that Doctors are currently working beyond their scope of practice, experience and skill set and that the workplace is not fit for purpose, and that they “anticipate increased patient complaints, litigation and coronial investigations as a result.”

(8)    Acknowledges the incredibly sad occasion when a woman miscarried in the Emergency Department waiting room in a chair in 2016, the occasion in 2018 when a patient was found deceased in the bushes outside the hospital and the recent tragedy of the death of a 70 year old man in the busy Emergency Department.

(9)    Points out with concern that mental health patients are languishing for up to 7 days in the Emergency Department and that while they are waiting for a bed they psychologically deteriorate, self-harm and attempt suicide.

(10) Reminds Members that the Minister for Health cut the number of acute mental health beds and despite a Coronial Report finding this to be a contributing factor in the death of a patient, he has not reversed this cut.

(11)  Further reminds Members that the Royal Hobart Hospital lost psychiatric medicine accreditation in 2017, the Launceston General Hospital lost emergency medicine accreditation in 2018 and on both occasions those hospitals lost staff.

(12) Further reminds Members that the Minister for Health delayed the Royal Hobart Hospital redevelopment by a year, he removed local decision making from hospitals and introduced a new governance structure that was subsequently abandoned at significant cost to the taxpayer.

(13) Notes the Minister for Health has denied women access to legal reproductive health services in the public health system.

(14) Notes the Minister for Health was happy for patients to be placed in storage rooms with hand bells rather than in dedicated hospital beds.

(15) Notes that on two occasions in the last six months this House has voted to establish Health Roundtables with key stakeholders and all sides of politics to examine solutions to the health crisis and that the Minister for Health has done nothing to progress these cross-party efforts and has deliberately ignored the will of this House.

(16) Reminds Members that Ministerial responsibility is a fundamental tenant of Westminster democracy that means Ministers must take ultimate responsibility for failures in their portfolios.

(17) Further notes that the Minister for Health is incapable of looking after the health of Tasmanians and that whatever excuse he offers it is too late after five years of neglect.

Supported

Greens, Labor

Opposed

Hickey, Liberals

Final Motion Negatived

 

 

Amendment (Moved by Greens) - Amendment to cause an amendment contained in the first COVID-19 Disease Emergency (Miscellaneous Provisions) Bill 2020 to expire on the emergency cessation day.
Tuesday, 30 April 2019 - Bill, COVID-19 Disease Emergency (Miscellaneous Provisions) Bill (No. 2) 2020

Amendment

New Clause A was brought up by Ms O’Connor and read the First Time as follows:

A. Section 60A amended

Section 60A of the Principal Act is amended as follows –

(a) by inserting in subsection (1), before the definition of personal information, the following definition:

emergency cessation day has the same meaning as in the COVID-19 Disease Emergency (Miscellaneous Provisions) Bill 2020;

(b) by inserting the following subsection after subsection (2)

(3) This section is repealed on the emergency cessation day.

Supported

Greens

Opposed

Labor, Liberals, Ogilvie

Amendment Negatived

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Wednesday, 1 May 2019 - Bill, Short Stay Accommodation Bill 2018


Third Reading Passed

 

 

Amendment (Moved by Labor) - Amendment referring the bill to a Select Committee.
Wednesday, 1 May 2019 - Bill, Sentencing Amendment (Mandatory Sentencing for Serious Sexual Offences Against Children) Bill 2018

Amendment

amendment has been proposed by Ms Haddad, by leaving out all the words after ‘That’ and inserting: -

(1)   The Bill be referred to a Select Committee with power to send for persons and papers to inquire into and report upon:

(a)     The provisions of the Bill in relation to the following matters:

(i)      sentencing options for child sex offences; and

(ii)    current and recent sentencing trends in Tasmanian courts for sex offences against children.

(b)    Alternative sentencing options to those provided in the Bill.

(c)     Other matters incidental thereto.

(2)   That the following Members be appointed to serve on the committee:-

(a)           three Members nominated by the Premier;

(b)           two Members nominated by the Leader of the Opposition; and

(c)           one Member nominated by the Leader of the Tasmanian Greens.

(3)   A quorum for any meeting of the committee shall be three, one of whom one is the Chair of the Committee or Deputy Chair.

(4)   That the committee report by 28 November 2019.

(5)   That should the House not be sitting, a report may be presented to the Speaker of the House, or in their absence, the Clerk of the House, and any report so presented is taken to have been published by order of the House of Assembly.

Subject of Debate

That the Sentencing Amendment (Mandatory Sentencing for Serious Sexual Offences Against Children) Bill 2018 be now read the Second time.

Supported

Labor

Opposed

Greens, Liberals

Amendment Negatived

 

 

Third Reading (Moved by Liberals) - Bill negatived.
Wednesday, 1 May 2019 - Bill, Sentencing Amendment (Mandatory Sentencing for Serious Sexual Offences Against Children) Bill 2018

Supported

Liberals

Opposed

Greens, Hickey, Labor

Third Reading Negatived

 

 

Third Reading (Moved by Liberals) - Bill passed House without Amendment.
Wednesday, 1 May 2019 - Bill, Sentencing Amendment (Assaults on Off-Duty Police) Bill 2018

Supported

Hickey, Liberals

Opposed

Greens, Labor

Third Reading Passed

 

 

Amendment (Moved by Greens) - An amendment to broaden the terms of reference to include consideration of market developments, residential tenancy laws and broader jurisdictional comparisons.
Wednesday, 1 May 2019 - Motion, Select Committee on Housing Affordability

Amendment

Amendments proposed (Dr Woodruff)

In Clause (1)

 

First Amendment

In paragraph (h), by inserting “and market developments” after “growth”.

 

Second Amendment

Following paragraph (i), by inserting the following new paragraph:

( ) changes to Tasmania’s residential tenancy laws that could improve housing affordability, security and living standards in Tasmania;

 

Third Amendment

In paragraph (j), by leaving out “Australian states” and inserting instead “jurisdictions”.

Original Motion

That:—

(1)           A Select Committee be appointed, with power to send for persons and papers and records, to inquire into and report upon housing affordability in Tasmania with particular reference to:—

(a)           the experiences of Tasmanians in housing stress or homelessness;

(b)           the management of social housing and delivery of new stock by Housing Tasmania and community housing providers;

(c)           the impact of a lack of affordable housing on the broader economic and social wellbeing of the Tasmanian community;

(d)           the impact of a lack of affordable housing on the implementation and outcomes of other State Government programs;

(e)           the effectiveness and limitations of current State and Federal Government strategies and services to alleviate the impact of poor housing affordability in the Tasmanian community;

(f)            the impact of historic housing debt on the management and delivery of social housing;

(g)           strategies to address the $73 million maintenance liability of Housing Tasmania and community housing providers;

(h)           the impact of population growth on housing supply;

(i)            the relationship between housing, health and education;

(j)            successful strategies in other Australian states that could be effective in improving affordability in Tasmania; and

(k)           any other matters incidental thereto.

(2)           The Committee shall consist of five Members, being two from the Government nominated by the Leader of the House, two from the Opposition nominated by the Leader of the Opposition and one from the Tasmanian Greens nominated by the Leader of the Greens.

(3)           The Committee report by 15 October 2019.


Amendment Passed

 

 

Final Motion (Moved by Labor) - Motion as amended passed without division.
Wednesday, 1 May 2019 - Motion, Select Committee on Housing Affordability

Final Motion

That:—

(1)           A Select Committee be appointed, with power to send for persons and papers and records, to inquire into and report upon housing affordability in Tasmania with particular reference to:—

(a)           the experiences of Tasmanians in housing stress or homelessness;

(b)           the management of social housing and delivery of new stock by Housing Tasmania and community housing providers;

(c)           the impact of a lack of affordable housing on the broader economic and social wellbeing of the Tasmanian community;

(d)           the impact of a lack of affordable housing on the implementation and outcomes of other State Government programs;

(e)           the effectiveness and limitations of current State and Federal Government strategies and services to alleviate the impact of poor housing affordability in the Tasmanian community;

(f)            the impact of historic housing debt on the management and delivery of social housing;

(g)           strategies to address the $73 million maintenance liability of Housing Tasmania and community housing providers;

(h)           the impact of population growth and market developments on housing supply;

(i)            the relationship between housing, health and education;

(j)            changes to Tasmania’s residential tenancy laws that could improve housing affordability, security and living standards in Tasmania;

(k)           successful strategies in other jurisdictions that could be effective in improving affordability in Tasmania; and

(l)            any other matters incidental thereto.

(2)           The Committee shall consist of five Members, being two from the Government nominated by the Leader of the House, two from the Opposition nominated by the Leader of the Opposition and one from the Tasmanian Greens nominated by the Leader of the Greens.

(3)           The Committee report by 15 October 2019.

Original Motion

That:—

(1)           A Select Committee be appointed, with power to send for persons and papers and records, to inquire into and report upon housing affordability in Tasmania with particular reference to:—

(a)           the experiences of Tasmanians in housing stress or homelessness;

(b)           the management of social housing and delivery of new stock by Housing Tasmania and community housing providers;

(c)           the impact of a lack of affordable housing on the broader economic and social wellbeing of the Tasmanian community;

(d)           the impact of a lack of affordable housing on the implementation and outcomes of other State Government programs;

(e)           the effectiveness and limitations of current State and Federal Government strategies and services to alleviate the impact of poor housing affordability in the Tasmanian community;

(f)            the impact of historic housing debt on the management and delivery of social housing;

(g)           strategies to address the $73 million maintenance liability of Housing Tasmania and community housing providers;

(h)           the impact of population growth on housing supply;

(i)            the relationship between housing, health and education;

(j)            successful strategies in other Australian states that could be effective in improving affordability in Tasmania; and

(k)           any other matters incidental thereto.

(2)           The Committee shall consist of five Members, being two from the Government nominated by the Leader of the House, two from the Opposition nominated by the Leader of the Opposition and one from the Tasmanian Greens nominated by the Leader of the Greens.

(3)           The Committee report by 15 October 2019.


Final Motion Passed

 

 

Final Motion (Moved by Greens) - Motion passed without division.
Wednesday, 1 May 2019 - Motion, Labor's Position on Fish Farms

Original Motion

That the House:—

 

(1)           Acknowledges that the Hodgman Liberal Government has supported:—

(a)           current stocking levels of salmon in Macquarie Harbour;

(b)           expansion of fish farm operations into Okehampton Bay;

(c)           enlivening of a decade old fish farm lease in Norfolk Bay;

(d)           exploration of fish farm expansion off King Island; and

(e)           large scale expansion of salmon farming into Storm Bay.

(2)           Calls on the Labor Opposition, ahead of the Federal Election, to articulate their policy on, and support for, the aforementioned.


Final Motion Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 2 May 2019 - Bill, Health Miscellaneous Amendments Bill 2019


Third Reading Passed

 

 

Amendment (Moved by Liberals) - An amendment including the movement of pedestrians or bicyclists in the definition of transport infrastructure.
Thursday, 2 May 2019 - Bill, Greater Hobart Bill 2019

Amendment

Amendment made (The Minister for Planning).

In the definition of “transport infrastructure”, after “transport” insert “or the movement of pedestrians or bicyclists”.


Amendment Passed

 

 

Third Reading (Moved by Liberals) - Bill as amended passed House without division.
Thursday, 2 May 2019 - Bill, Greater Hobart Bill 2019


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 2 May 2019 - Bill, Forest Practices Amendment Bill 2018


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 2 May 2019 - Bill, Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Amendment Bill 2018


Third Reading Passed

 

 

Amendment (Moved by Labor) - An amendment to require a review of step-down provisions more broadly.
Tuesday, 21 May 2019 - Bill, Workers Rehabilitation and Compensation Amendment Bill 2019

Amendment

New Clause A was brought up by Ms O’Byrne and read a First Time as follows:-

 

“(A) Review in Relation to Weekly Payments

After Section 69B by inserting the following new section: -

(1)    In this section a review is to be conducted in relation to the weekly payment determined under Section 69 and the impact on workers of receiving less than 100% of the weekly payment after the first 26 weeks of the period of incapacity following the date of the initial incapacity.  

(2)    In this section a review means a review carried out by persons who:-

(a)     In the Minister’s opinion are appropriately qualified for that task; and

(b)    Include one or more persons who are not employees of the State or Commonwealth or of any agency of the State or Commonwealth.

(3)    The Minister is to cause to be commenced by 30 June 2019 a review as to whether this Act should be amended to remove provisions relating to reduced weekly payments.

(4)    The persons who carry out the review are to complete the review and give to the Minister a written report on the outcome of the review, as soon as practicable but in any case before 30 September 2020.

(5)    The Minister is to cause a copy of the report to be tabled in each House of Parliament on or before 30 September 2020.”

Supported

Greens, Labor

Opposed

Hickey, Liberals

Amendment Negatived

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 21 May 2019 - Bill, Workers Rehabilitation and Compensation Amendment Bill 2019


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Wednesday, 22 May 2019 - Bill, Registration to Work with Vulnerable People Amendment Bill 2018


Third Reading Passed

 

 

Amendment (Moved by Labor) - An amendment to increase the Liberal and Labor members on each committee by one.
Wednesday, 22 May 2019 - Motion, Establishment of Estimates Committees

Amendment

An Amendment was proposed by Mr O’Byrne, in the part titled “Membership of Committee – House of Assembly Estimates”

To leave out Clause 1 and 2 and insert instead:

(1)    Estimates Committee A consists of the following Members:

The Chair of Committees (Chair)                        

Mr Tucker (Deputy Chair)

One Member nominated by the Leader of Government Business;

Two Members nominated by the Leader of the Opposition; and

Ms O’Connor

 

(2)    Estimates Committee B consists of the following Members:

Mrs Rylah (Chair)

Mr Tucker (Deputy Chair)

One Member nominated by the Leader of Government Business;

Two Members nominated by the Leader of the Opposition; and

Dr Woodruff

Original Motion

That:

(a) all stages of the Appropriation Bill (No. 1) 2019 and the Appropriation Bill (No. 2) 2019 shall have allotted a maximum total of 97 hours as follows:

(i) up to the Second Reading: Maximum 16 hours;

(ii) in the Estimates Committees: Maximum 63 hours; and

(iii) in Committee of the whole House and Third reading: Maximum 18 hours;

(b) on the Second reading, the Premier and the Leader of the Opposition have unlimited speaking time and other Members speak for not longer than 30 minutes each;

(c) when the Appropriation Bills (No. 1 and No. 2) 2019 have been read the Second time in the House of Assembly, the Bills be referred to Estimates Committees A and B of the House of Assembly.

Such Committees may not vote on, but may examine and report upon the proposed expenditures contained in the Bills by no later than 11 June 2019, with such expenditures being considered on an output by output basis, including Grants, Subsidies and Loans and the Capital Investment Program.

The following Ministerial portfolio units are allocated to House of Assembly Estimates Committee A:—

...

 

House of Assembly Estimates Committee B:—

...

 

MEMBERSHIP OF COMMITTEES - HOUSE OF ASSEMBLY ESTIMATES

(1) Estimates Committee A consists of the following Members:

The Chair of Committees (Chair);

Mr Tucker (Deputy-Chair);

One member nominated by the Leader of the Opposition; and

Ms O’Connor.

(2) Estimates Committee B consists of the following Members:

Mrs Rylah (Chair);

Mr Tucker (Deputy-Chair);

One member nominated by the Leader of the Opposition; and

Dr Woodruff.

(3) The Chair of a Committee has a deliberative and a casting vote.

(4) During sittings, substitute Members may be allowed.

(5) If a vacancy occurs in the membership of a Committee, the Speaker may nominate a Member in substitution, but in so doing has regard to the composition of the Committee as appointed by the House.

(6) A Committee may proceed with business despite a vacancy in its membership.

(7) The quorum of a Committee is a majority of the Committee.

(8) If at any time a quorum is not present, the Chair will suspend proceedings of the Committee until a quorum is present or adjourn the Committee.

(9) Any time lost for lack of a quorum shall be added to the time allocated to that session.

(10) Members of the House who are not Members of the Committee may participate in proceedings by asking questions, but may not vote, move any motion or be counted for the purposes of a quorum.

 

SITTING TIMES

(1) Each Estimates Committee meets only in accordance with the abovementioned time-table adopted by the House or as varied by the Chair.

(2) Estimates Committees may sit only when the House is not sitting.

 

OPEN HEARINGS

All hearings of the Estimates Committees are open to the public.

 

PROCEEDINGS OF AN ESTIMATES COMMITTEE

(1) Consideration of proposed expenditures in an Estimates Committee follows as far as possible the procedure observed in a Committee of the whole House.

(2) A Committee will consider expenditures on an output by output basis, including Grants, Subsidies and Loans and the Capital Investment Program.

(3) A Committee may ask for explanations from a Minister relating to the outputs.

(4) The Minister who is asked for explanations may be assisted where necessary by officers in the provision of factual information.

(5) Officers may answer questions at the request of the Minister but shall not be required to comment on policy matters.

(6) Time limits of one minute for a question and three minutes for an answer shall apply in Estimates Committees.

(7) Questions may be asked on a ratio of three Opposition, one Government and one other Member or in such form as the Committee determines.

(8) A Minister may advise an Estimates Committee that an answer to a question, or part of a question, asked of the Minister will be given later to the Committee, where possible that Committee sitting day.

(9) A Minister may provide additional information to a Committee about an answer given by or for the Minister.

(10) Additional information -

(a) is to be written;

(b) is to be given by a time decided by the Committee; and

(c) may be included in a volume of additional information laid on the Table of the House by the Committee.

(11) If any Member persistently disrupts the business of an Estimates Committee, the Chair-

(a) names the Member;

(b) if the Member named is a Member of the Estimates Committee, suspends the sitting of the Estimates Committee until the Chair has reported the offence to the Speaker; and

(c) if the Member named is not a Member of the Estimates Committee, orders that Member's withdrawal from the sitting of the Committee until the Chair has reported the offence to the Speaker;

as soon as practicable, the Chair advises the Speaker who then gives notice that the Member of the Estimates Committee be replaced.

(12) If any objection is taken to a ruling or decision of the Chair -

(a) the objection must be taken at once and stated in writing;

(b) the Chair, as soon as practicable, advises the Speaker who makes a ruling on the matter; and

(c) the Estimates Committee may continue to meet but may not further examine the output then under consideration.

(13) Television coverage will be allowed, subject to the same conditions that apply to televising of the House of Assembly.

 

HANSARD REPORT

An unedited transcript of Estimates Committee proceedings is to be circulated, in a manner similar to that used for the House Hansard, as soon as practicable after the Committee's proceedings.

 

REPORTS OF ESTIMATES COMMITTEES

(1) A report of an Estimates Committee is presented by the Chair or Deputy Chair of that Committee to a Committee of the whole House, such reports containing any resolution or expression of opinion of that Committee.

(2) When the reports of the Estimates Committees are presented they may be taken into consideration at once or at a future time.

(3) The following time limit applies to consideration of reports of Estimates Committees on each portfolio unit on the question “That the proposed expenditures be agreed to and that the resolutions or expressions of opinion agreed to by the Committees in relation to those expenditures be noted.”

One Minister, the Leader of the Opposition or Member deputised by the Leader - 20 minutes, any other Member - 10 minutes. A maximum period for consideration of 2 hours for each Minister.

(4) When the consideration of reports of Estimates Committees A and B has been completed, the question is proposed and put forthwith without debate “That the remainder of the Bills be agreed to.”

(5) When the Bills have been agreed to by the House, the Third reading of each Bill may be taken into consideration at once or made an order of the day for the next sitting day.

Supported

Labor

Opposed

Greens, Liberals

Amendment Negatived

 

 

Final Motion (Moved by Liberals) - Motion passed without division.
Wednesday, 22 May 2019 - Motion, Establishment of Estimates Committees

Original Motion

That:

(a) all stages of the Appropriation Bill (No. 1) 2019 and the Appropriation Bill (No. 2) 2019 shall have allotted a maximum total of 97 hours as follows:

(i) up to the Second Reading: Maximum 16 hours;

(ii) in the Estimates Committees: Maximum 63 hours; and

(iii) in Committee of the whole House and Third reading: Maximum 18 hours;

(b) on the Second reading, the Premier and the Leader of the Opposition have unlimited speaking time and other Members speak for not longer than 30 minutes each;

(c) when the Appropriation Bills (No. 1 and No. 2) 2019 have been read the Second time in the House of Assembly, the Bills be referred to Estimates Committees A and B of the House of Assembly.

Such Committees may not vote on, but may examine and report upon the proposed expenditures contained in the Bills by no later than 11 June 2019, with such expenditures being considered on an output by output basis, including Grants, Subsidies and Loans and the Capital Investment Program.

The following Ministerial portfolio units are allocated to House of Assembly Estimates Committee A:—

...

 

House of Assembly Estimates Committee B:—

...

 

MEMBERSHIP OF COMMITTEES - HOUSE OF ASSEMBLY ESTIMATES

(1) Estimates Committee A consists of the following Members:

The Chair of Committees (Chair);

Mr Tucker (Deputy-Chair);

One member nominated by the Leader of the Opposition; and

Ms O’Connor.

(2) Estimates Committee B consists of the following Members:

Mrs Rylah (Chair);

Mr Tucker (Deputy-Chair);

One member nominated by the Leader of the Opposition; and

Dr Woodruff.

(3) The Chair of a Committee has a deliberative and a casting vote.

(4) During sittings, substitute Members may be allowed.

(5) If a vacancy occurs in the membership of a Committee, the Speaker may nominate a Member in substitution, but in so doing has regard to the composition of the Committee as appointed by the House.

(6) A Committee may proceed with business despite a vacancy in its membership.

(7) The quorum of a Committee is a majority of the Committee.

(8) If at any time a quorum is not present, the Chair will suspend proceedings of the Committee until a quorum is present or adjourn the Committee.

(9) Any time lost for lack of a quorum shall be added to the time allocated to that session.

(10) Members of the House who are not Members of the Committee may participate in proceedings by asking questions, but may not vote, move any motion or be counted for the purposes of a quorum.

 

SITTING TIMES

(1) Each Estimates Committee meets only in accordance with the abovementioned time-table adopted by the House or as varied by the Chair.

(2) Estimates Committees may sit only when the House is not sitting.

 

OPEN HEARINGS

All hearings of the Estimates Committees are open to the public.

 

PROCEEDINGS OF AN ESTIMATES COMMITTEE

(1) Consideration of proposed expenditures in an Estimates Committee follows as far as possible the procedure observed in a Committee of the whole House.

(2) A Committee will consider expenditures on an output by output basis, including Grants, Subsidies and Loans and the Capital Investment Program.

(3) A Committee may ask for explanations from a Minister relating to the outputs.

(4) The Minister who is asked for explanations may be assisted where necessary by officers in the provision of factual information.

(5) Officers may answer questions at the request of the Minister but shall not be required to comment on policy matters.

(6) Time limits of one minute for a question and three minutes for an answer shall apply in Estimates Committees.

(7) Questions may be asked on a ratio of three Opposition, one Government and one other Member or in such form as the Committee determines.

(8) A Minister may advise an Estimates Committee that an answer to a question, or part of a question, asked of the Minister will be given later to the Committee, where possible that Committee sitting day.

(9) A Minister may provide additional information to a Committee about an answer given by or for the Minister.

(10) Additional information -

(a) is to be written;

(b) is to be given by a time decided by the Committee; and

(c) may be included in a volume of additional information laid on the Table of the House by the Committee.

(11) If any Member persistently disrupts the business of an Estimates Committee, the Chair-

(a) names the Member;

(b) if the Member named is a Member of the Estimates Committee, suspends the sitting of the Estimates Committee until the Chair has reported the offence to the Speaker; and

(c) if the Member named is not a Member of the Estimates Committee, orders that Member's withdrawal from the sitting of the Committee until the Chair has reported the offence to the Speaker;

as soon as practicable, the Chair advises the Speaker who then gives notice that the Member of the Estimates Committee be replaced.

(12) If any objection is taken to a ruling or decision of the Chair -

(a) the objection must be taken at once and stated in writing;

(b) the Chair, as soon as practicable, advises the Speaker who makes a ruling on the matter; and

(c) the Estimates Committee may continue to meet but may not further examine the output then under consideration.

(13) Television coverage will be allowed, subject to the same conditions that apply to televising of the House of Assembly.

 

HANSARD REPORT

An unedited transcript of Estimates Committee proceedings is to be circulated, in a manner similar to that used for the House Hansard, as soon as practicable after the Committee's proceedings.

 

REPORTS OF ESTIMATES COMMITTEES

(1) A report of an Estimates Committee is presented by the Chair or Deputy Chair of that Committee to a Committee of the whole House, such reports containing any resolution or expression of opinion of that Committee.

(2) When the reports of the Estimates Committees are presented they may be taken into consideration at once or at a future time.

(3) The following time limit applies to consideration of reports of Estimates Committees on each portfolio unit on the question “That the proposed expenditures be agreed to and that the resolutions or expressions of opinion agreed to by the Committees in relation to those expenditures be noted.”

One Minister, the Leader of the Opposition or Member deputised by the Leader - 20 minutes, any other Member - 10 minutes. A maximum period for consideration of 2 hours for each Minister.

(4) When the consideration of reports of Estimates Committees A and B has been completed, the question is proposed and put forthwith without debate “That the remainder of the Bills be agreed to.”

(5) When the Bills have been agreed to by the House, the Third reading of each Bill may be taken into consideration at once or made an order of the day for the next sitting day.


Final Motion Passed

 

 

Amendment (Moved by Liberals) - Amendment to change the call for secured funding to acknowledge that bridging funding has been secured.
Wednesday, 22 May 2019 - Motion, Disability Support Services

Amendment

An Amendment to the Question was proposed by the Minister for Disability Services and Community Development by leaving out all words after “Australia” in paragraph (1) and inserting instead:

“…due to our ageing population, with a large proportion aged over 65 years of age.

(2)            Acknowledges that an estimated 10,600 Tasmanians under 65 years of age, will be eligible for individual support plans under the NDIS and that all Tasmanians with disability are eligible to access support and services offered by organisations that are funded through the NDIS Information, Linkages and Capacity Building programs.

(3)            Understands that under the Bilateral Agreement with the Federal Government, that state and territory governments retain responsibility for providing continuity of supports, and mainstream services such as health, education, housing, transport and safety for people with disability. 

(4)            Acknowledges that as per the Agreement signed by the previous Labor-Green Government, from 1 July 2019 the provision of specialist disability services, and ILC type services in Tasmania will be a function of the NDIS and the administrative responsibility of the National Disability Insurance Agency and that the Tasmanian Government invested $878.7 million in the 18-19 budget and forward estimates, towards the Scheme.

(5)            Recognises the critical nature of the work disability services and support organisations provide and that the Government will continue to advocate for and to work closely with Tasmania’s organisations in accessing the new and larger ILC funding streams available through the NDIS.

(6)            Acknowledges the Tasmanian Government’s work in successfully securing ‘bridging’ funding from the Commonwealth to provide additional support to organisations seeking to transition and commission to the new ILC model.”

Original Motion

That the House:—

(1)           Acknowledges that there are 1 in 5 people living with disability in Tasmania, the highest rate of any State in Australia.

(2)           Recognises in Tasmania there are currently over 10,000 people who are eligible for support for the National Disability Insurance Scheme (NDIS), leaving upwards of 90,000 Tasmanians with disability who are not eligible for NDIS and who rely on services provided by Tasmanian disability support service organisations.

(3)           Understands that under the Bilateral Agreement with the Federal Government, the Hodgman Liberal Government has a clear and undeniable responsibility to provide services for Tasmanians living with a disability and who are not eligible for support under the NDIS.

(4)           Notes that State funding contracts for 18 disability service organisations that provide vital services for people living with disability, their families and carers will expire on 30 June 2019, leaving 90,000 Tasmanians without crucial support.

(5)           Further understands the specialist and critical nature of the work of these organisations, which rely on core funding from the State Government, to do this work.

(6)           Calls on the Minister for Disability Services and Community Development, Hon Jacquie Petrusma MP, to commit to continued funding for these 18 disability support organisations in the State’s Budget and provide certainty for people living with disability who rely on these services.

Supported

Greens, Liberals

Opposed

Labor

Amendment Passed

 

 

Final Motion (Moved by Labor) - Motion passed mostly re-written.
Wednesday, 22 May 2019 - Motion, Disability Support Services

Final Motion

That the House: —

(1)           Acknowledges that there are 1 in 5 people living with disability in Tasmania, the highest rate of any State in Australia due to our ageing population, with a large proportion aged over 65 years of age.

(2)           Acknowledges that an estimated 10,600 Tasmanians under 65 years of age, will be eligible for individual support plans under the NDIS and that all Tasmanians with disability are eligible to access support and services offered by organisations that are funded through the NDIS Information, Linkages and Capacity Building programs.

(3)           Understands that under the Bilateral Agreement with the Federal Government, that state and territory governments retain responsibility for providing continuity of supports, and mainstream services such as health, education, housing, transport and safety for people with disability. 

(4)           Acknowledges that as per the Agreement signed by the previous Labor-Green Government, from 1 July 2019 the provision of specialist disability services, and ILC type services in Tasmania will be a function of the NDIS and the administrative responsibility of the National Disability Insurance Agency and that the Tasmanian Government invested $878.7 million in the 18-19 budget and forward estimates, towards the Scheme.

(5)           Recognises the critical nature of the work disability services and support organisations provide and that the Government will continue to advocate for and to work closely with Tasmania’s organisations in accessing the new and larger ILC funding streams available through the NDIS.

(6)           Acknowledges the Tasmanian Government’s work in successfully securing ‘bridging’ funding from the Commonwealth to provide additional support to organisations seeking to transition and commission to the new ILC model.

Original Motion

That the House:—

(1)           Acknowledges that there are 1 in 5 people living with disability in Tasmania, the highest rate of any State in Australia.

(2)           Recognises in Tasmania there are currently over 10,000 people who are eligible for support for the National Disability Insurance Scheme (NDIS), leaving upwards of 90,000 Tasmanians with disability who are not eligible for NDIS and who rely on services provided by Tasmanian disability support service organisations.

(3)           Understands that under the Bilateral Agreement with the Federal Government, the Hodgman Liberal Government has a clear and undeniable responsibility to provide services for Tasmanians living with a disability and who are not eligible for support under the NDIS.

(4)           Notes that State funding contracts for 18 disability service organisations that provide vital services for people living with disability, their families and carers will expire on 30 June 2019, leaving 90,000 Tasmanians without crucial support.

(5)           Further understands the specialist and critical nature of the work of these organisations, which rely on core funding from the State Government, to do this work.

(6)           Calls on the Minister for Disability Services and Community Development, Hon Jacquie Petrusma MP, to commit to continued funding for these 18 disability support organisations in the State’s Budget and provide certainty for people living with disability who rely on these services.


Final Motion Passed

 

 

Amendment (Moved by Liberals) - Amendment to change a climate emergency declaration to a description of the governments climate policies.
Wednesday, 22 May 2019 - Motion, Climate Emergency Declaration

Amendment

An Amendment to the Question was proposed by the Attorney-General to leave out paragraphs (1) to (6) and insert instead the following new paragraphs:

“(1)         Acknowledges that climate change is a serious and urgent challenge that requires immediate and practical action from local, national and international Governments;

(2)        Notes that Tasmania must continue to be a leader in responding to climate change, especially in the areas of climate science and research, and renewable energy;

(3)            Recognises that Climate Action 21: Tasmania’s Climate Change Action Plan 2017-2021 sets the Tasmanian Government’s agenda for action on climate change and articulates how Tasmania will play its role in the global response to climate change;

(4)            Notes that Tasmania was the first jurisdiction in Australia to achieve zero net emissions in 2016 and the Government’s Tasmania-First Energy policy is on target to deliver full self-sufficiency in renewables by 2022, with the Tasmanian Government investing up to $30 million for the Battery of the Nation project and, with support from the Federal Government, $56 million to progress a second interconnector.

(5)            Notes that the Tasmanian Government has committed $3 million in funding to support the delivery of Climate Change Action Plan and that these actions include:

(a)    establishing a long-term emissions reduction target of zero net emissions by 2050;

(b)    supporting the rollout of electric vehicle charging infrastructure in Tasmania;

(c)     delivering a business resource efficiency program that will assist small and medium-sized businesses to reduce their emissions and operating costs through resource efficiency initiatives, and building industry capacity;

(d)    funding for the Power$mart Home and Businesses programs, which provides financial support over two years to conduct energy audits for small and medium-sized businesses to identify opportunities to improve energy efficiency, and to reduce power bills and emissions, and helping low income households reduce their energy costs through support and education, energy efficiency audits and low cost upgrades; and

(e)     working with local government and regional bodies to embed climate change consideration into strategic and financial decision making.

(6)            Notes that the $3 million in funding builds on over $400 million already invested by the Tasmanian Government to support action on climate change, including:

(a)    a comprehensive targeted fuel reduction burning program;

(b)    the Tasmanian Energy Efficiency Loan Scheme;

(c)     modernising and upgrading our renewable hydro-electricity assets;

(d)    investing in our irrigation infrastructure to provide greater surety for farmers in a changing climate;

(e)     nationally accredited training related to climate change issues; and

(f)      supporting businesses and households to improve their energy efficiency.”

Original Motion

That the House:—

(1)           Acknowledges that the world is in a state of climate emergency.

(2)           Recognises the critical work of the United Nations Intergovernmental Panel on Climate Change.

(3)           Agrees that global temperature rise must be limited to 1.5 degrees to minimise the worst impact of global heating.

(4)           Commends the United Kingdom, Ireland, the ACT Assembly and the five hundred and twenty eight Councils that have recognised the climate emergency.

(5)           Further agrees that Australia and Tasmania must take stronger, sustained action to lower our emissions and adapt to the reality of a world in a state of climate emergency.

(6)           Declares a climate emergency and calls on the Tasmanian Government to adopt strong targets backed by effective measures to reduce Tasmania's emissions and ensure that strong climate adaptation measures are implemented.

Supported

Hickey, Liberals

Opposed

Greens, Labor

Amendment Passed

 

 

Amendment to Amendment (Moved by Labor) - Amendment to change a climate emergency declaration to an acknowledgement of climate change, support for forestry and mining, and calls for government reporting.
Wednesday, 22 May 2019 - Motion, Climate Emergency Declaration

Amendment to Amendment

To leave out all words after “leave out” and insert instead:

“paragraph (6) and insert instead the following new paragraphs:

     “(6)   Acknowledges that scientific evidence of climate change is overwhelming.

(7)    Notes that forestry will play a vital role in replacing carbon intensive products like concrete and steel while also acting as carbon sinks.

(8)    Notes that Tasmanian mineral resources like zinc, nickel, tin and copper will be increasingly important for transitional technologies like batteries, solar panels and electric cars.

(9)    Agrees there is a responsibility for Government to ensure there is a just transition for working people that rely on carbon intensive industries for their livelihoods.

(10) Rejects political stunts that divide our community for example the car convoy during the Federal election that enraged and polarised communities and delivered a political victory for those that oppose any action on climate change.

(11) Calls on the Government to report twice yearly to the Parliament on progress to meet strong targets backed by effective measures to reduce Tasmania’s emissions and ensure that strong climate adaptation measures are implemented.””

Original Amendment

An Amendment to the Question was proposed by the Attorney-General to leave out paragraphs (1) to (6) and insert instead the following new paragraphs:

“(1)         Acknowledges that climate change is a serious and urgent challenge that requires immediate and practical action from local, national and international Governments;

(2)        Notes that Tasmania must continue to be a leader in responding to climate change, especially in the areas of climate science and research, and renewable energy;

(3)            Recognises that Climate Action 21: Tasmania’s Climate Change Action Plan 2017-2021 sets the Tasmanian Government’s agenda for action on climate change and articulates how Tasmania will play its role in the global response to climate change;

(4)            Notes that Tasmania was the first jurisdiction in Australia to achieve zero net emissions in 2016 and the Government’s Tasmania-First Energy policy is on target to deliver full self-sufficiency in renewables by 2022, with the Tasmanian Government investing up to $30 million for the Battery of the Nation project and, with support from the Federal Government, $56 million to progress a second interconnector.

(5)            Notes that the Tasmanian Government has committed $3 million in funding to support the delivery of Climate Change Action Plan and that these actions include:

(a)    establishing a long-term emissions reduction target of zero net emissions by 2050;

(b)    supporting the rollout of electric vehicle charging infrastructure in Tasmania;

(c)     delivering a business resource efficiency program that will assist small and medium-sized businesses to reduce their emissions and operating costs through resource efficiency initiatives, and building industry capacity;

(d)    funding for the Power$mart Home and Businesses programs, which provides financial support over two years to conduct energy audits for small and medium-sized businesses to identify opportunities to improve energy efficiency, and to reduce power bills and emissions, and helping low income households reduce their energy costs through support and education, energy efficiency audits and low cost upgrades; and

(e)     working with local government and regional bodies to embed climate change consideration into strategic and financial decision making.

(6)            Notes that the $3 million in funding builds on over $400 million already invested by the Tasmanian Government to support action on climate change, including:

(a)    a comprehensive targeted fuel reduction burning program;

(b)    the Tasmanian Energy Efficiency Loan Scheme;

(c)     modernising and upgrading our renewable hydro-electricity assets;

(d)    investing in our irrigation infrastructure to provide greater surety for farmers in a changing climate;

(e)     nationally accredited training related to climate change issues; and

(f)      supporting businesses and households to improve their energy efficiency.”

Supported

Labor

Opposed

Greens, Liberals

Amendment to Amendment Negatived

 

 

Final Motion (Moved by Greens) - Motion passed completely re-written.
Wednesday, 22 May 2019 - Motion, Climate Emergency Declaration

Final Motion

That the House: —

(1)            Acknowledges that climate change is a serious and urgent challenge that requires immediate and practical action from local, national and international Governments;

(2)            Notes that Tasmania must continue to be a leader in responding to climate change, especially in the areas of climate science and research, and renewable energy;

(3)            Recognises that Climate Action 21: Tasmania’s Climate Change Action Plan 2017-2021 sets the Tasmanian Government’s agenda for action on climate change and articulates how Tasmania will play its role in the global response to climate change;

(4)            Notes that Tasmania was the first jurisdiction in Australia to achieve zero net emissions in 2016 and the Government’s Tasmania-First Energy policy is on target to deliver full self-sufficiency in renewables by 2022, with the Tasmanian Government investing up to $30 million for the Battery of the Nation project and, with support from the Federal Government, $56 million to progress a second interconnector.

(5)            Notes that the Tasmanian Government has committed $3 million in funding to support the delivery of Climate Change Action Plan and that these actions include:

(a)    establishing a long-term emissions reduction target of zero net emissions by 2050;

(b)    supporting the rollout of electric vehicle charging infrastructure in Tasmania;

(c)     delivering a business resource efficiency program that will assist small and medium-sized businesses to reduce their emissions and operating costs through resource efficiency initiatives, and building industry capacity;

(d)    funding for the Power$mart Home and Businesses programs, which provides financial support over two years to conduct energy audits for small and medium-sized businesses to identify opportunities to improve energy efficiency, and to reduce power bills and emissions, and helping low income households reduce their energy costs through support and education, energy efficiency audits and low cost upgrades; and

(e)     working with local government and regional bodies to embed climate change consideration into strategic and financial decision making.

(6)            Notes that the $3 million in funding builds on over $400 million already invested by the Tasmanian Government to support action on climate change, including:

(a)  a comprehensive targeted fuel reduction burning program;

(b)  the Tasmanian Energy Efficiency Loan Scheme;

(c)   modernising and upgrading our renewable hydro-electricity assets;

(d)  investing in our irrigation infrastructure to provide greater surety for farmers in a changing climate;

(e)  nationally accredited training related to climate change issues; and

(f)   supporting businesses and households to improve their energy efficiency.

Original Motion

That the House:—

(1)           Acknowledges that the world is in a state of climate emergency.

(2)           Recognises the critical work of the United Nations Intergovernmental Panel on Climate Change.

(3)           Agrees that global temperature rise must be limited to 1.5 degrees to minimise the worst impact of global heating.

(4)           Commends the United Kingdom, Ireland, the ACT Assembly and the five hundred and twenty eight Councils that have recognised the climate emergency.

(5)           Further agrees that Australia and Tasmania must take stronger, sustained action to lower our emissions and adapt to the reality of a world in a state of climate emergency.

(6)           Declares a climate emergency and calls on the Tasmanian Government to adopt strong targets backed by effective measures to reduce Tasmania's emissions and ensure that strong climate adaptation measures are implemented.


Final Motion Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Wednesday, 22 May 2019 - Bill, Biosecurity Bill 2019


Third Reading Passed

 

 

Other (Moved by Labor) - Seeking of leave to move to suspend standing orders to move a Motion of Want of Confidence.
Thursday, 30 May 2019 - Motion, Minister for Health Want of Confidence

Subject of Debate

That Ms White have leave to make a Motion without Notice. 

Original Motion

That so much of Standing Orders be suspended as would prevent a Motion of Want of Confidence in the Minister for Health, of which notice has been given this day, from being brought on for debate forthwith.


Other Passed

 

 

Other (Moved by Labor) - Seeking of leave to move to suspend standing orders to move a Motion of Want of Confidence.
Tuesday, 11 June 2019 - Motion, Want of Confidence in the Minister for Health

Subject of Debate

That Ms White have leave to make a Motion without Notice.

Original Motion

That so much of Standing Orders be suspended as would prevent a Motion of Want of Confidence in the Minister for Health, of which notice has been given this day, from being brought on for debate forthwith.


Other Passed

 

 

Other (Moved by Labor) - A motion to suspend standing orders to move a Motion of Want of Confidence. (Two-thirds majority required).
Tuesday, 11 June 2019 - Motion, Want of Confidence in the Minister for Health

Subject of Debate

That so much of Standing Orders be suspended as would prevent a Motion of Want of Confidence in the Minister for Health, of which notice has been given this day, from being brought on for debate forthwith.

Supported

Greens, Hickey, Labor

Opposed

Liberals

Other Negatived

 

 

Other (Moved by Labor) - A motion to suspend standing orders to move a Motion of Want of Confidence.
Tuesday, 11 June 2019 - Motion, Minister for Health Want of Confidence

Subject of Debate

That so much of Standing Orders be suspended as would prevent a Motion of Want of Confidence in the Minister for Health, of which notice has been given this day, from being brought on for debate forthwith.

Supported

Greens, Labor

Opposed

Liberals

Other Negatived

 

 

Other (Moved by Labor) - Seeking of leave to move to suspend standing orders to move a Motion of Want of Confidence.
Wednesday, 12 June 2019 - Motion, Motion of Want of Confidence in the Minister for Health

Subject of Debate

That Ms White have leave to make a Motion without Notice.

Original Motion

That so much of Standing Orders be suspended as would prevent a Motion of Want of Confidence in the Minister for Health, of which notice has been given this day, from being brought on for debate forthwith.


Other Passed

 

 

Other (Moved by Labor) - A motion to suspend standing orders in order to move a Motion of Want of Confidence in the Minister for Health.
Wednesday, 12 June 2019 - Motion, Motion of Want of Confidence in the Minister for Health

Subject of Debate

That so much of Standing Orders be suspended as would prevent a Motion of Want of Confidence in the Minister for Health, of which notice has been given this day, from being brought on for debate forthwith.

Supported

Greens, Labor

Opposed

Liberals

Other Negatived

 

 

Other (Moved by Labor) - Seeking of leave to move to suspend standing orders to move a Motion without Notice of censure.
Wednesday, 12 June 2019 - Motion, Motion of Censure in the Minister for Housing

Subject of Debate

That Ms White have leave to make a Motion without Notice.

Original Motion

That so much of Standing Orders be suspended as would prevent a Motion of Censure in the Minister for Housing, of which notice has been given this day, from being brought on for debate forthwith.


Other Passed

 

 

Other (Moved by Labor) - A motion to suspend standing orders in order to move a Motion of Censure in the Minister for Housing.
Wednesday, 12 June 2019 - Motion, Motion of Censure in the Minister for Housing

Subject of Debate

That so much of Standing Orders be suspended as would prevent a Motion of Censure in the Minister for Housing, of which notice has been given this day, from being brought on for debate forthwith.

Supported

Greens, Labor

Opposed

Liberals

Other Negatived

 

 

Upper House Amendments (Moved by Liberals) - An amendment changing the commencement date from the day on which the bill receives the Royal Assent, to a day to be proclaimed.
Thursday, 13 June 2019 - Bill, Supreme Court Civil Procedure Bill 2018

Amendment

Clause 2

Page 3, after “commences on”.

Leave out "the day on which this Act receives the Royal Assent.”

Insert instead "a day to be proclaimed.”


Upper House Amendments Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 13 June 2019 - Bill, First Home Owner Grant Amendment Bill 2019


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bills passed House without division.
Thursday, 13 June 2019 - Bill, Appropriation Bills (No. 1) and (No. 2) 2019


Third Reading Passed

 

 

Amendment (Moved by Labor) - An amendment to set the next sitting day to the following day.
Thursday, 13 June 2019 - Motion, Adjournment until Tuesday 30 July

Amendment

An Amendment to the Question was proposed by Mr O’Byrne, to leave out all the words after “until” and insert instead “Friday 14 June 2019 at 10am”

Original Motion

That the House, at its rising, adjourn till Tuesday, 30 July next.

Supported

Greens, Labor

Opposed

Hickey, Liberals

Amendment Negatived

 

 

Final Motion (Moved by Liberals) - Motion passed without division.
Thursday, 13 June 2019 - Motion, Adjournment until Tuesday 30 July

Original Motion

That the House, at its rising, adjourn till Tuesday, 30 July next.


Final Motion Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 30 July 2019 - Bill, The Local Government (Highways) Amendment Bill 2019


Third Reading Passed

 

 

Upper House Amendments (Moved by Liberals) - Amendments to objectives to include reference to persons of all abilities and needs, and to include safety and low-carbon emissions in transport objectives.
Tuesday, 30 July 2019 - Bill, Greater Hobart Bill 2019

Amendment

Clause 4

Page 7, subclause (1), after paragraph (a).

Insert the following paragraph:

(ab) ease of access to infrastructure, in all locations, for persons of all abilities and needs; and

 

Clause 5

                Page 8, paragraph (b).

                Leave out the paragraph.

                Insert instead the following paragraph:

(b)           to facilitate the efficient and safe flow of transport, to improve access to, and to further the use of, public passenger transport, and to encourage and promote the use of transport with low-carbon emissions, in the Greater Hobart area; and


Upper House Amendments Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 30 July 2019 - Bill, Criminal Code and Related Legislation Amendment (Child Abuse) Bill 2018


Third Reading Passed

 

 

Amendment (Moved by Liberals) - Amends the motion to draw attention to Government policy and expenditure.
Wednesday, 31 July 2019 - Motion, Tasmanian Health Service

Amendment

Amendment proposed (The Minister for Health) by leaving out all words after the word “House” and inserting instead the following words:

“(1)      Recognises the significant increase in demand for health care in Tasmania, with the Royal Hobart Hospital seeing sustained growth in demand, with a 21% rise in admissions over the past three years.

(2)        Notes that the Government is taking action to address this demand including by opening the new K Block at the Royal Hobart Hospital.

(3)        Acknowledges that these patients are sicker, with more complex needs.

(4)        Recognises the strain this is placing on staff working in the health system and the patients and family members who are trying to access health care.

(5)        Supports our health work force and thanks them for their dedication and service to our state.

(6)        Acknowledges that the 2019-20 Tasmanian Budget includes operational health expenditure of $1.96 billion

(7)        Further notes this is $155 million more than the 2018-19 Budget.

(8)        Notes that the Government has committed to quarantining frontline services, with efficiencies to be achieved with a focus on vacancy control, natural attrition and the reduction of discretionary spending.”

Original Motion

That the House:—

(1)           Notes the extreme pressure on Tasmania’s health system which has seen unprecedented ambulance ramping and unreasonably long wait times for patients in emergency departments across the State.

(2)           Further notes that there are long wait times for services outside the hospital, including mental health services, as well as outpatient services.

(3)           Recognises the strain this is placing on staff working in the health system and the patients and family members who are trying to access health care.

(4)           Supports our health work force and thanks them for their dedication and service to our State.

(5)           Acknowledges the Tasmanian Health Service cannot withstand budget cuts when they are already operating with insufficient funds.

(6)           Does not support any cuts to the Tasmanian Health Service budget.

(7)           Asks that the Government quarantine health from any budget cuts.

Supported

Hickey, Liberals

Opposed

Greens, Labor

Amendment Passed

 

 

Final Motion (Moved by Labor) - Motion passed completely re-written.
Wednesday, 31 July 2019 - Motion, Tasmanian Health Service

Final Motion

That the House: —

(1)        Recognises the significant increase in demand for health care in Tasmania, with the Royal Hobart Hospital seeing sustained growth in demand, with a 21% rise in admissions over the past three years.

(2)        Notes that the Government is taking action to address this demand including by opening the new K Block at the Royal Hobart Hospital.

(3)        Acknowledges that these patients are sicker, with more complex needs.

(4)        Recognises the strain this is placing on staff working in the health system and the patients and family members who are trying to access health care.

(5)        Supports our health work force and thanks them for their dedication and service to our state.

(6)        Acknowledges that the 2019-20 Tasmanian Budget includes operational health expenditure of $1.96 billion

(7)        Further notes this is $155 million more than the 2018-19 Budget.

(8)        Notes that the Government has committed to quarantining frontline services, with efficiencies to be achieved with a focus on vacancy control, natural attrition and the reduction of discretionary spending.

Original Motion

That the House:—

(1)           Notes the extreme pressure on Tasmania’s health system which has seen unprecedented ambulance ramping and unreasonably long wait times for patients in emergency departments across the State.

(2)           Further notes that there are long wait times for services outside the hospital, including mental health services, as well as outpatient services.

(3)           Recognises the strain this is placing on staff working in the health system and the patients and family members who are trying to access health care.

(4)           Supports our health work force and thanks them for their dedication and service to our State.

(5)           Acknowledges the Tasmanian Health Service cannot withstand budget cuts when they are already operating with insufficient funds.

(6)           Does not support any cuts to the Tasmanian Health Service budget.

(7)           Asks that the Government quarantine health from any budget cuts.


Final Motion Passed

 

 

Amendment (Moved by Greens) - Amendment to make applications for assessed disclosure free for journalists acting in their professional capacity.
Wednesday, 31 July 2019 - Bill, Right to Information Amendment (Applications for Review) Bill 2019

Amendment

New Clause A and New Clause B were brought up by Dr Woodruff and read a First Time as follows:-

 

A.      Section 5 amended (Interpretation)

Section 5 of the Principal Act is amended by inserting before the definition of officer, the following definition:

Journalist means a person who –

(a)     is engaged in the profession or practice of reporting, photographing, editing or recording for a media report of a news, current affairs, information or documentary nature; and

(b)    is paid to perform that profession or practice by a person, or body, that –

(i)      is subject to a code of ethics and a procedure for the Australian Press Council, or for

another person or body that is prescribed, to deal with complaints about persons engaging in such a profession or practice; or

(ii)    is the holder of a licence under the Broadcasting Services Act 1992 of the

Commonwealth;

 

B.      Section 16 amended (Charges for information)

Section 16 of the Principal Act is amended by inserting the following paragraph after paragraph (b) in subsection (2):

(ba) the applicant is a journalist acting in connection with their professional duties; or


Amendment Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House with Amendment.
Wednesday, 31 July 2019 - Bill, Right to Information Amendment (Applications for Review) Bill 2019


Third Reading Passed

 

 

Final Motion (Moved by Greens) - Motion negatived.
Wednesday, 31 July 2019 - Motion, Glenorchy RSL Club Closure

Original Motion

That the House:—

(1)           Notes that during the 2018 State Election campaign, Liberal MPs and candidates, including the Premier, Hon. Will Hodgman MP and Treasurer, Hon. Peter Gutwein MP stood outside the Glenorchy RSL and falsely claimed that without poker machines the venue would close, threatening ANZAC Day celebrations.

(2)           Further notes with sadness the unexpected closure of the Glenorchy RSL on Sunday 21 July 2019, the loss of eleven local jobs and a service highly valued by Glenorchy veterans.

(3)           Agrees the Tasmanian Liberal Party, the Premier, Treasurer, and Liberal candidates perpetrated a lie on the Tasmanian people in the lead up to the State Election on behalf of their gambling industry donors.

(4)           Calls on the Premier, on behalf of the Liberal Party and its elected representatives to apologise to:—

(a)           veterans and staff from the now closed Glenorchy RSL for shamelessly exploiting them for political gain; and

(b)           Tasmanian voters for misleading them on the impact of removing poker machines from pubs and clubs.

(5)           Further agrees poker machines should be removed from pubs and clubs.

Supported

Greens

Opposed

Labor, Liberals

Final Motion Negatived

 

 

Second Reading (Moved by Liberals) - Bill negatived.
Thursday, 1 August 2019 - Bill, Sentencing Amendment (Assault of Certain Frontline Workers) Bill 2019

Supported

Liberals

Opposed

Greens, Hickey, Labor

Second Reading Negatived

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 1 August 2019 - Bill, Litter Amendment Bill 2018


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 1 August 2019 - Bill, Government Procurement Review (International Free Trade Agreements) Bill 2019


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 6 August 2019 - Bill, Vehicle and Traffic Amendment Bill 2019


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 6 August 2019 - Bill, Land Acquisition Amendment Bill 2018


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 6 August 2019 - Bill, Criminal Code Amendment (Bullying) Bill 2019


Third Reading Passed

 

 

Amendment (Moved by Greens) - Amendment changing a reference to Labor's "policy for" to Labor's "only policy".
Wednesday, 7 August 2019 - Motion, Unemployment and Jobs

Amendment

Amendment proposed (Ms O’Connor) in paragraph (9) by leaving out the words “policy for” and inserting instead the words “only policy -"

Original Motion

That the House:—

(1)           Notes that Tasmania’s jobless rate is 6.7%, which is the worst in Australia.

(2)           Further notes that the jobless rate for Tasmanian women is 7.1%, the highest in Australia.

(3)           Further notes that more than 6,200 Tasmanian full time jobs have been lost in the last year, 4,100 of whom were women.

(4)           Further notes that the jobless rate for Tasmanians under 25 years old is 13.5%, the second worst in Australia.

(5)           Further notes that Tasmania’s underemployment rate is 10.4%, which is the worst in the nation.

(6)           Further notes that average duration of unemployment in Tasmania is 70.9 weeks, well above the national average.

(7)           Further notes that there are fewer Tasmanians in full-time work than when the Liberals were elected in 2014.

(8)           Acknowledges that the Government is failing to grow secure, full time jobs in Tasmania.

(9)           Calls on the Government to adopt Labor’s policy for free TAFE courses across key industry sectors where there are skills shortages, including disability and aged care, building and  construction, and hospitality.

Supported

Greens, Liberals

Opposed

Labor

Amendment Passed

 

 

Final Motion (Moved by Labor) - Amended Motion negatived.
Wednesday, 7 August 2019 - Motion, Unemployment and Jobs

Final Motion

That the House:—

(1)           Notes that Tasmania’s jobless rate is 6.7%, which is the worst in Australia.

(2)           Further notes that the jobless rate for Tasmanian women is 7.1%, the highest in Australia.

(3)           Further notes that more than 6,200 Tasmanian full time jobs have been lost in the last year, 4,100 of whom were women.

(4)           Further notes that the jobless rate for Tasmanians under 25 years old is 13.5%, the second worst in Australia.

(5)           Further notes that Tasmania’s underemployment rate is 10.4%, which is the worst in the nation.

(6)           Further notes that average duration of unemployment in Tasmania is 70.9 weeks, well above the national average.

(7)           Further notes that there are fewer Tasmanians in full-time work than when the Liberals were elected in 2014.

(8)           Acknowledges that the Government is failing to grow secure, full time jobs in Tasmania.

(9)           Calls on the Government to adopt Labor’s only policy - free TAFE courses across key industry sectors where there are skills shortages, including disability and aged care, building and  construction, and hospitality.

Original Motion

That the House:—

(1)           Notes that Tasmania’s jobless rate is 6.7%, which is the worst in Australia.

(2)           Further notes that the jobless rate for Tasmanian women is 7.1%, the highest in Australia.

(3)           Further notes that more than 6,200 Tasmanian full time jobs have been lost in the last year, 4,100 of whom were women.

(4)           Further notes that the jobless rate for Tasmanians under 25 years old is 13.5%, the second worst in Australia.

(5)           Further notes that Tasmania’s underemployment rate is 10.4%, which is the worst in the nation.

(6)           Further notes that average duration of unemployment in Tasmania is 70.9 weeks, well above the national average.

(7)           Further notes that there are fewer Tasmanians in full-time work than when the Liberals were elected in 2014.

(8)           Acknowledges that the Government is failing to grow secure, full time jobs in Tasmania.

(9)           Calls on the Government to adopt Labor’s policy for free TAFE courses across key industry sectors where there are skills shortages, including disability and aged care, building and  construction, and hospitality.

Supported

Greens, Labor

Opposed

Hickey, Liberals

Final Motion Negatived

 

 

Final Motion (Moved by Greens) - Motion passed without division.
Wednesday, 7 August 2019 - Motion, Housing Affordability (Rent Capping)

Original Motion

That the House:—

(1)           Agrees that:—

(a)           housing is a fundamental human right, and is foundational for participation in society;

(b)           affordable rent prices are essential for equal participation in society and social mobility;

(c)           Hobart is now the least affordable capital city in Australia;

(d)           sharp increases in rents as a result of the housing supply squeeze and increase in short stay accommodation listings have forced many Tasmanians out of their homes, communities, and into homelessness; and

(e)           the current trend of rent price increases is unsustainable and unjustifiable.

(2)           Amends the terms of reference of the Select Committee on Housing Affordability by inserting  the following after paragraph (k):—

                "(ka)       regulation of rent price increases, with particular reference to the A.C.T. model".


Final Motion Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 8 August 2019 - Bill, Fruit and Nut Industry (Research, Development and Extension Trust Fund) Repeal Bill 2019


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 8 August 2019 - Bill, Civil Liability Amendment Bill 2019


Third Reading Passed

 

 

Upper House Amendments (Moved by Liberals) - Amendments from the Legislative Council creating two new clauses after clause 5.
Tuesday, 3 September 2019 - Bill, Right to Information Amendment (Applications for Review) Bill 2019

Amendment

Amendment

Page 5, after clause 5. Insert the following:

New Clause A [Section 36 amended] 

                               A.       Section 36 amended (Personal information of person)

Section 36(5) of the Principal Act is amended as follows:

(a)      by omitting from paragraph (d) “provided.” and substituting “provided; or”;

(b)      by inserting after paragraph (d) the following paragraphs:

(e)        if the information is information to which a decision referred to in section 45(1A) relates –

(i)      during 20 working days after the notification of the decision; or

(ii)      where the person applies for a review of the decision under section 45(1A) – until that review determines the information should be provided.

New Clause B [Section 37 amended] 

                     B.     Section 37 amended (Information relating to business affairs of third party)

Section 37(5) of the Principal Act is amended as follows:

(a)     by omitting from paragraph (d) “provided.” and substituting “provided; or”;

(b)    by inserting after paragraph (d) the following paragraphs:

                                                                (e)    if the information is information to which a decision referred to in section 45(1A) relates –

(i)               during 20 working days after the notification of the decision; or

(ii)              where the third party applies for a review of the decision under section 45(1A) – until that review determines the information should be provided.


Upper House Amendments Passed

 

 

Amendment (Moved by Greens) - Amendment to require a majority of heritage Council members in order to support an out of session resolution.
Tuesday, 3 September 2019 - Bill, Historic Cultural Heritage Amendment Bill 2019

Amendment

Amendment to Clause 16 proposed (Ms O’Connor) in paragraph (a), proposed new subclause (1) by leaving out “7” and inserting instead “8”.

Supported

Greens

Opposed

Hickey, Labor, Liberals

Amendment Negatived

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 3 September 2019 - Bill, Historic Cultural Heritage Amendment Bill 2019


Third Reading Passed

 

 

Final Motion (Moved by Labor) - Motion negatived.
Wednesday, 4 September 2019 - Motion, Jobs and Investment

Original Motion

That the House:—

(1)           Condemns the Liberals and the Greens for failing to stand up for working people.

(2)           Further condemns the Premier, Hon. Will Hodgman MP for breaking his promise to make Tasmania’s unemployment rate the best in the country – instead Tasmania has the worst jobless rate in the country.

(3)           Notes the Liberals have done nothing in response to the loss of 5,100 full time jobs in the past year.

(4)           Recognises Hon. Will Hodgman MP has no plan to protect jobs at Temco or diversify the economy by investing in new industries such as hydrogen generation.

(5)           Further notes Hon. Will Hodgman MP has failed to invest in the Burnie Port.

(6)           Agrees that when it comes to jobs, the Greens are just as bad as the Liberals.

(7)           Further notes the hypocrisy of the Greens has held back jobs and investment in Tasmania for decades.

(8)           Further notes that at the height of the forestry debate the Greens claimed tourism was the answer. Now tourism is the enemy.

(9)           Further notes the Greens claim to support renewable energy but Bob Brown argued for the construction of a coal fired power station in the Fingal Valley and Senator Nick McKim famously described wind farms as “giant parrot blenders.”

(10)         Agrees that only Labor can be trusted to fight for working people.

Supported

Labor

Opposed

Greens, Hickey, Liberals

Final Motion Negatived

 

 

Amendment (Moved by Labor) - Rewrites the motion to call on the Federal Government to reverse its decision to protect forests containing Black Gum and Brookers Gum.
Wednesday, 4 September 2019 - Motion, Growth Plan for Tasmanian Forests

Amendment

An Amendment was proposed by Dr Broad by leaving out all words after “House” and inserting instead:

(1)                Notes the Hodgman Liberal Government’s actions on forestry do not match their words.

(2)                Notes the State Liberals have broken their promise not to support forest lock ups by failing to stand up against the Federal Liberal Government’s decision to lock up forests containing Black Gum and Brookers Gum.

(3)                Calls on the Federal Liberal Government to reverse its decision to lock up forests containing Black Gum and Brookers Gum.

(4)                Notes the decision was made without consultation with Tasmanian farmers and will tie the construction of new dams in the North and North East Coast up in red tape.

Original Motion

That the House:—

(1)           Supports the Hodgman Majority Liberal Government’s Strategic Growth Plan for Tasmania Forests, Fine Timber and Wood Fibre.

(2)           Notes:—

(a)           our forest growth plan is built on the pillars of resource security, financial sustainability, job security, research and innovation, and a stronger role for the private sector;

(b)           that through the positive actions of the Hodgman Liberal Government we have seen a 70% increase in the volume of wood fibre delivered from the State’s sustainable production forests;

(c)           that the Labor Party’s revised State Platform commits Tasmanian Labor to support ‘the 2019 policy developed by Federal Labor to grow Tasmania’s forest industry’;

(d)           that Paragraph 73 of Chapter 4 of Labor’s National Platform is explicit: ‘Labor will continue to support the implementation of the Tasmanian Forestry Agreement (TFA) as a future pathway for the forest industry in Tasmania.  This includes providing resource security for the iconic special timbers industry, under agreed terms.  Labor supports this as a broad industry plan to achieve the outcomes intended from the TFA’;

(e)           that the Labor-Green Tasmanian forestry deal resulted in the loss of more than 4,000 jobs – two out of every three jobs in the industry;

(f)            that the Leader of the Opposition, Hon. Rebecca White MP told the ABC on 20 March 2017 that she has ‘no regrets’ about this disastrous forestry deal; and

(g)           that the Greens policy is to close Tasmania’s native forestry industry.

(3)           Calls on Labor to abandon its plan for a return to the dark days of the TFA.

Supported

Labor

Opposed

Greens, Liberals

Amendment Negatived

 

 

Final Motion (Moved by Liberals) - Motion passed without amendment.
Wednesday, 4 September 2019 - Motion, Growth Plan for Tasmanian Forests

Original Motion

That the House:—

(1)           Supports the Hodgman Majority Liberal Government’s Strategic Growth Plan for Tasmania Forests, Fine Timber and Wood Fibre.

(2)           Notes:—

(a)           our forest growth plan is built on the pillars of resource security, financial sustainability, job security, research and innovation, and a stronger role for the private sector;

(b)           that through the positive actions of the Hodgman Liberal Government we have seen a 70% increase in the volume of wood fibre delivered from the State’s sustainable production forests;

(c)           that the Labor Party’s revised State Platform commits Tasmanian Labor to support ‘the 2019 policy developed by Federal Labor to grow Tasmania’s forest industry’;

(d)           that Paragraph 73 of Chapter 4 of Labor’s National Platform is explicit: ‘Labor will continue to support the implementation of the Tasmanian Forestry Agreement (TFA) as a future pathway for the forest industry in Tasmania.  This includes providing resource security for the iconic special timbers industry, under agreed terms.  Labor supports this as a broad industry plan to achieve the outcomes intended from the TFA’;

(e)           that the Labor-Green Tasmanian forestry deal resulted in the loss of more than 4,000 jobs – two out of every three jobs in the industry;

(f)            that the Leader of the Opposition, Hon. Rebecca White MP told the ABC on 20 March 2017 that she has ‘no regrets’ about this disastrous forestry deal; and

(g)           that the Greens policy is to close Tasmania’s native forestry industry.

(3)           Calls on Labor to abandon its plan for a return to the dark days of the TFA.

Supported

Liberals

Opposed

Greens, Labor

Final Motion Passed

 

 

Final Motion (Moved by Greens) - Motion negatived.
Wednesday, 4 September 2019 - Motion, Fake Chinese Police Vehicles

Original Motion

That the House:—

(1)           Notes with admiration the struggle of young people in Hong Kong for a more free future and recognises their legitimate fear of Chinese Government control.

(2)           Agrees the Chinese Government is an oppressive regime that uses fear and intimidation tactics to suppress dissent.

(3)           Further notes with concern the recent reports of vehicles in Tasmania with Chengguan municipal police markings.

(4)           Recognises that to many Chinese people, the Chengguan local police force represents arbitrary arrest, detention and violent oppression under the Chinese Government.

(5)           Further agrees the timing and nature of these reports of fake Chinese police cars across the country suggest that they are profoundly unlikely to be unconnected ‘jokes’.

(6)           Further notes comments made by former residents of Hong Kong now living in Tasmania that the sight of this vehicle evoked great fear.

(7)           Asserts that foreign powers do not have the right to infringe on the safety and security of citizens and guests of Tasmania.

(8)           Will not tolerate the continued harassment and intimidation tactics being used by Chinese Government-aligned individuals and organisations in Tasmania.

(9)           Calls on the Attorney-General to develop an amendment Bill to ban in Tasmania, the impersonation of any law enforcement agency of any jurisdiction.

Supported

Greens

Opposed

Labor, Liberals

Final Motion Negatived

 

 

Other (Moved by Labor) - Motion of dissent negatived.
Wednesday, 4 September 2019 - Motion, Dissent from Speakers ruling

Supported

Greens, Labor

Opposed

Liberals

Other Negatived

 

 

Other (Moved by Greens) - Seeking of leave to suspend standing orders to move a Motion without Notice.
Thursday, 5 September 2019 - Motion, Wildlife Culling

Subject of Debate

That so much of the Standing Orders be suspended as would prevent debate on the following motion:

Original Motion

that the House condemns the Hodgman Liberal Government for its reckless mismanagement of wildlife in Tasmania that is driving species towards extinction.

Supported

Greens

Opposed

Hickey, Labor, Liberals

Other Negatived

 

 

Amendment (Moved by Labor) - Rewrites the motion into a broad critique of the Government's record Huntingfield consultation, infrastructure and housing.
Thursday, 5 September 2019 - Motion, Huntingfield Housing Land Supply Order

Amendment

An Amendment was proposed by Ms Dow by leaving out all words after “That the House” and inserting instead:

(1)                Supports further investment in increased supply of Affordable and Social Housing in Tasmania.

(2)                Notes that the Government failed to consult with the community on the Huntingfield Land Supply order made under section 4 of the Housing Land Supply Act 2018.

(3)                Notes the attendance of over 300 people at a community meeting in July who voiced their concerns regarding this development and the Government’s mishandling of the consultation and planning process.

(4)                Acknowledges the notable absence of the Minister and Premier despite this being the Premier’s electorate at the meeting held in July.

(5)                Notes the significant missed opportunity to work with the local community, business community and local Council to plan and develop a state of the art housing development.

(6)                Notes the Liberal Government’s failure to achieve a faster, cheaper, simpler, fairer planning scheme in Tasmania.

(7)                Acknowledges the Tasmania’s Affordable Housing Strategy, which includes the release of government owned land, is making a contribution to increasing housing supply but much more is needed to meet current and projected demand.

(8)                Acknowledges that the Government’s Affordable Housing Strategy 2015-2025 and Affordable Housing Action Plan 2019-2023 (AHAP2) were developed on the basis of market conditions at the time, that have since deteriorated significantly; and based on resources available at the time rather than a real assessment of market demand.

(9)                Recognises that underinvestment of the Hodgman Liberal Government in affordable housing supply over 5 years has contributed to the widening gap between social housing demand and supply in Tasmania.

(10)             Recognises that while the AHAP2 and associated funding is welcome, much more is required and urges the Government to undertake a comprehensive review of the Affordable Housing Strategy 2015-2025 and funding through the 2020-21 Budget processes to prioritise social housing as essential public infrastructure.

(11)             Notes the Government’s failure to invest in infrastructure and have an effective transport strategy to deal with the issue of traffic congestion South of Hobart.

Original Motion

That the House:—

(1)           Supports the Huntingfield Housing Land Supply Order made under section 4 of the Housing Land Supply Act 2018.

(2)           Acknowledges that Tasmania’s Affordable Housing Strategy, which includes the critical release of more land, is responding to the current challenges in the housing market by boosting supply across the housing spectrum.

(3)           Acknowledges that the Affordable Housing Action Plan 2 and the additional investment in funding is another positive step towards continuing this momentum.

(4)           Supports the Tasmanian Government's $1.6 billion investment in infrastructure of roads and bridges, including $30.8 million over four years for congestion busting projects in Greater Hobart.


Amendment Negatived

 

 

Amendment to Amendment (Moved by Greens) - Rewrites the motion to blame the housing crisis on government policy and to call on the government to implement a range of policies.
Thursday, 5 September 2019 - Motion, Huntingfield Housing Land Supply Order

Amendment to Amendment

An Amendment to the Amendment was proposed by Ms O’Connor by leaving out all clauses and inserting instead:

(1)    Acknowledges that Tasmania’s housing crisis has occurred due to the Liberal government:

(a)     underinvesting in social and affordable housing;

(b)    doing too little, too late to regulate short-stay accommodation; and

(c)     pursuing aggressive population and tourism growth targets without any forward thinking or planning.

(2)    Calls on the Liberal Government to:

(a)     significantly increase their investment in social and affordable housing;

(b)    introduce regulations to prevent growth in short stay properties and tight rental markets;

(c)     undertake comprehensive settlement and population planning.

(3)    Agrees that instead of patting himself on the back, the Minister should spend his time in the House bringing forward meaningful legislation to improve housing outcomes for Tasmanians.

Original Amendment

An Amendment was proposed by Ms Dow by leaving out all words after “That the House” and inserting instead:

(1)                Supports further investment in increased supply of Affordable and Social Housing in Tasmania.

(2)                Notes that the Government failed to consult with the community on the Huntingfield Land Supply order made under section 4 of the Housing Land Supply Act 2018.

(3)                Notes the attendance of over 300 people at a community meeting in July who voiced their concerns regarding this development and the Government’s mishandling of the consultation and planning process.

(4)                Acknowledges the notable absence of the Minister and Premier despite this being the Premier’s electorate at the meeting held in July.

(5)                Notes the significant missed opportunity to work with the local community, business community and local Council to plan and develop a state of the art housing development.

(6)                Notes the Liberal Government’s failure to achieve a faster, cheaper, simpler, fairer planning scheme in Tasmania.

(7)                Acknowledges the Tasmania’s Affordable Housing Strategy, which includes the release of government owned land, is making a contribution to increasing housing supply but much more is needed to meet current and projected demand.

(8)                Acknowledges that the Government’s Affordable Housing Strategy 2015-2025 and Affordable Housing Action Plan 2019-2023 (AHAP2) were developed on the basis of market conditions at the time, that have since deteriorated significantly; and based on resources available at the time rather than a real assessment of market demand.

(9)                Recognises that underinvestment of the Hodgman Liberal Government in affordable housing supply over 5 years has contributed to the widening gap between social housing demand and supply in Tasmania.

(10)             Recognises that while the AHAP2 and associated funding is welcome, much more is required and urges the Government to undertake a comprehensive review of the Affordable Housing Strategy 2015-2025 and funding through the 2020-21 Budget processes to prioritise social housing as essential public infrastructure.

(11)             Notes the Government’s failure to invest in infrastructure and have an effective transport strategy to deal with the issue of traffic congestion South of Hobart.


Amendment to Amendment Negatived

 

 

Final Motion (Moved by Liberals) - Motion passed without division.
Thursday, 5 September 2019 - Motion, Huntingfield Housing Land Supply Order

Original Motion

That the House:—

(1)           Supports the Huntingfield Housing Land Supply Order made under section 4 of the Housing Land Supply Act 2018.

(2)           Acknowledges that Tasmania’s Affordable Housing Strategy, which includes the critical release of more land, is responding to the current challenges in the housing market by boosting supply across the housing spectrum.

(3)           Acknowledges that the Affordable Housing Action Plan 2 and the additional investment in funding is another positive step towards continuing this momentum.

(4)           Supports the Tasmanian Government's $1.6 billion investment in infrastructure of roads and bridges, including $30.8 million over four years for congestion busting projects in Greater Hobart.


Final Motion Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 10 September 2019 - Bill, Roads and Jetties Amendment (Works in Highways) Bill 2019


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 10 September 2019 - Bill, Restraint Orders Bill 2019


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 10 September 2019 - Bill, Magistrates Court (Criminal and General Division) Bill 2019


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 10 September 2019 - Bill, Magistrates Court (Criminal and General Division) (Consequential Amendments) Bill 2019


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Wednesday, 11 September 2019 - Bill, Roads and Jetties Amendment (Validation) Bill 2019


Third Reading Passed

 

 

Final Motion (Moved by Liberals) - Motion passed without division.
Wednesday, 11 September 2019 - Motion, Labor Party Plans for Future

Original Motion

That the House:—

(1)           Notes the continued failure of the Tasmanian Leader of the Opposition, Hon. Rebecca White MP to develop a long-term Plan for Tasmania, after two and a half years in the role.

(2)           Further notes the inconsistency of the Opposition on whether former Labor candidates will be invited and accepted back into the Labor Party if they are successful in the recount for the seat of Clark.

(3)           Further notes that the chaos and dysfunction within the Opposition has resulted in the unprecedented intervention of former Labor senior figures including former Premiers Paul Lennon and David Bartlett, and former MPs Harry Quick and Julian Amos to restore policy consistency.

(4)           Agrees with the comments of former Labor MHR Harry Quick, who said the Tasmanian Opposition Leader was “out of touch” and “fixated on peripheral issues”.

(5)           Further agrees with the sentiment of the Derwent Valley Branch of the Labor Party expressed in its motion at the recent State Labor Council stating “we cannot expect people to vote for us without greater clarity about what we stand for and present it in a manner that is specific to them and is easily identified”.

(6)           Calls on the Leader of the Opposition, Hon. Rebecca White MP, to develop a long-term Plan for Tasmania, to develop an alternative budget and be honest with the community on what her party can and cannot deliver for Tasmanians.


Final Motion Passed

 

 

Final Motion (Moved by Labor) - Motion negatived.
Wednesday, 11 September 2019 - Motion, Family Violence Counselling and Support Service Funding and Staffing

Original Motion

That the House:—

(1)           Recognises that family violence is Tasmania’s greatest community safety and law and order issue.

(2)           Further recognises that the Family Violence Counselling and Support Service (FVCSS) sits within the Tasmanian Government Safe at Home service delivery framework.

(3)           Notes:—

(a)           that the FVCSS Adult Program was not acknowledged in the Safe Homes, Families, Community Action Plan 2019-2022.  The omission fails to recognise that 6,126 referrals of victims of family violence were assessed, contacted, supported and provided with counselling, information and support by the FVCSS;

(b)           there has been no increased investment in the Adult Program of the FVCSS.  The Tasmanian Government has not supported the FVCSS to meet current demand.  Adding single worker services in the community and fragmenting the provision of service delivery has not created additional capacity in the sector.

(c)           that the FVCSS has seen an increase in demand of 200% and that 6,126 clients were referred or accessing this service in the last year; and

(d)           that in order to meet demand the FVCSS has identified a staffing shortfall of 11.54 FTW statewide.

(4)           Further notes:—

(a)           with concern the proposal to integrate sexual assault and family violence sectoral response; and

(b)           the Federal Government decision to fund couples counselling for victims of family violence.

(5)           Calls on the State Government to recognise the FVCSS as an integral part of the Safe at Home service delivery model and fund the staffing shortfall immediately.

Supported

Greens, Labor

Opposed

Liberals

Final Motion Negatived

 

 

Amendment (Moved by Labor) - Amendment to change the motion to no longer call on the Government to table information, and instead criticise them for insufficient funding.
Wednesday, 11 September 2019 - Motion, Bushfires and Climate Emergency

Amendment

An Amendment was proposed by Dr Broad by leaving out paragraphs (3) to (5) and inserting instead:

(3)                Acknowledges with concern the bushfires that ravaged 3% of the State last summer, and that these extreme bushfire seasons are going to become more common due to climate change.

(4)                Notes the Hodgman Government did not agree to fully implement all of the recommendations of the 2016 Tony Press report and failed to implement recommendations and proposals prepared by United Firefighter Union and Tasmania Career Firefighters.

(5)                Acknowledges that the Government had not provided additional and/or sufficient funding in real terms in the 2019 Budget so that the TFS can be fully prepared to supply initial attack teams.

Original Motion

That the House -

(1)           Acknowledges the bushfire season has started early and ferociously in eastern Australia, with large out of control bushfires in New South Wales and Queensland.

(2)           Recognises these fires have caused devastating losses to families and businesses, with firefighters battling horrific high wind conditions with at least one critically injured.

(3)           Further acknowledges with concern the bushfires that ravaged 3% of the State last summer, and that these extreme bushfire seasons are going to become more common unless we reverse atmospheric overheating.

(4)           Condemns the Liberals for their lack of action on the climate emergency.

(5)           Notes the Hodgman Government did not agree to fully implement all of the recommendations of the 2016 Tony Press Report and ignored the recommendations of a Report prepared by Tasmania Fire Service union and authors Simon Pilkington and Alex Dean.

(6)           As a hot, dry summer approaches, calls on the Government to table information detailing the changes that have been implemented leading up to the next fire season, including the number of employed and volunteer Remote Area Firefighters now, compared to early 2019, and any increase in resourcing to implement the 2019 Australian Fire and Emergency Service Authorities Council recommendations.


Amendment Negatived

 

 

Final Motion (Moved by Greens) - Motion negatived.
Wednesday, 11 September 2019 - Motion, Bushfires and Climate Emergency

Original Motion

That the House -

(1)           Acknowledges the bushfire season has started early and ferociously in eastern Australia, with large out of control bushfires in New South Wales and Queensland.

(2)           Recognises these fires have caused devastating losses to families and businesses, with firefighters battling horrific high wind conditions with at least one critically injured.

(3)           Further acknowledges with concern the bushfires that ravaged 3% of the State last summer, and that these extreme bushfire seasons are going to become more common unless we reverse atmospheric overheating.

(4)           Condemns the Liberals for their lack of action on the climate emergency.

(5)           Notes the Hodgman Government did not agree to fully implement all of the recommendations of the 2016 Tony Press Report and ignored the recommendations of a Report prepared by Tasmania Fire Service union and authors Simon Pilkington and Alex Dean.

(6)           As a hot, dry summer approaches, calls on the Government to table information detailing the changes that have been implemented leading up to the next fire season, including the number of employed and volunteer Remote Area Firefighters now, compared to early 2019, and any increase in resourcing to implement the 2019 Australian Fire and Emergency Service Authorities Council recommendations.

Supported

Greens

Opposed

Labor, Liberals

Final Motion Negatived

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 12 September 2019 - Bill, Legal Profession Amendment (Validation) Bill 2019


Third Reading Passed

 

 

Amendment (Moved by Greens) - Amendment to provide for a time limit for questions and answers during question time.
Tuesday, 24 September 2019 - Motion, Sessional Orders Amendment

Amendment

That the Amendment be amended by adding the following new clause after clause (2) :-

(3)    The following new Sessional Order is inserted after Sessional Order 48A:-

48B        Maximum time for Questions and Answers

Notwithstanding the provisions of standing order 48, the Speaker shall ensure the time taken to ask a Question does not exceed one minute, and the time taken to answer a Question does not exceed four minutes. 

Original Motion

That the Sessional Orders be amended as follows: -

1. The Sessional Order replacing Standing Order 42 be amended as follows:-

(a) leave out “Other Members”, wherever occurring, and insert instead “Greens Members”;

(b) after paragraph (b), by inserting the following new paragraph

“(ba) Notwithstanding the provisions of paragraph (a) and the weekly rotations prescribed in paragraph (b), the Independent Member for Clark, may, once in every four sitting weeks, call on an item of Private Members Business at Noon to 1.00 p.m.”

2. Sessional Order 48A is amended by leaving out “and two by other members” and insert instead, “, two by Members of the Greens and one by the Independent Member for Clark if such Member seeks the call”.

Supported

Greens, Hickey

Opposed

Labor, Liberals, Ogilvie

Amendment Negatived

 

 

Final Motion (Moved by Liberals) - Motion passed without division.
Tuesday, 24 September 2019 - Motion, Sessional Orders Amendment

Original Motion

That the Sessional Orders be amended as follows: -

1. The Sessional Order replacing Standing Order 42 be amended as follows:-

(a) leave out “Other Members”, wherever occurring, and insert instead “Greens Members”;

(b) after paragraph (b), by inserting the following new paragraph

“(ba) Notwithstanding the provisions of paragraph (a) and the weekly rotations prescribed in paragraph (b), the Independent Member for Clark, may, once in every four sitting weeks, call on an item of Private Members Business at Noon to 1.00 p.m.”

2. Sessional Order 48A is amended by leaving out “and two by other members” and insert instead, “, two by Members of the Greens and one by the Independent Member for Clark if such Member seeks the call”.


Final Motion Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 24 September 2019 - Bill, Justice Legislation Amendment (Organisational Liability for Child Abuse) Bill 2019


Third Reading Passed

 

 

Amendment (Moved by Liberals) - Amendment to change condemnation of Government failure to acknowledgement of Government progress.
Wednesday, 25 September 2019 - Motion, Hydrogen Strategy

Amendment

That the Motion be amended by:

(1)           In clause (6) leaving out the words “would support the creation of 500 jobs” and inserting instead the words “could create significant economic activity and employment”.

(2)           Leaving out clause (7) and inserting instead “(7) Notes that the Tasmanian Government is well advanced in developing a Tasmanian Hydrogen Industry Strategy that will facilitate us as a key player in the future hydrogen market.”

Original Motion

That the House:—

(1)           Notes the potential of the creation of hundreds of jobs in the establishment of a Hydrogen Industry in Tasmania.

(2)           Recognises that a number of Asian countries, in particular Japan and South Korea are looking to Australia to provide Hydrogen energy to support them in their transition to Hydrogen.

(3)           Acknowledges the work being done nationally, led by Chief Scientist, Alan Finkle in Chairing the National Hydrogen Strategy Group, in the establishment of a National Hydrogen Strategy, due to be released by the end of 2019.

(4)           Further recognises the local community and industry leadership in the Tamar Valley advocating for the creation of this industry in Tasmania.

(5)           Further notes that the States of Queensland, Victoria, South Australia and Western Australia all have well established standalone State based strategies to maximise the economic opportunity for Hydrogen in their respective States.

(6)           Further notes that it is estimated that a hydrogen plant, converting renewable energy into hydrogen for export, would support the creation of 500 jobs in northern Tasmania.

(7)           Condemns the lack of action by the Hodgman Government on this opportunity and their failure to produce a strategy that would allow Tasmania to support the development of this new industry with the hundreds of jobs it would create.  These are renewable and skilled jobs that are being squandered by the Hodgman Government because it doesn't have the vision or passion to make this potential billion dollar industry a reality for Tasmania.


Amendment Passed

 

 

Amendment to Amendment (Moved by Greens) - An amendment to replace the Liberal's amendment with an amendment clarifying that support is only given to renewable Hydrogen production.
Wednesday, 25 September 2019 - Motion, Hydrogen Strategy

Amendment to Amendment

That the Amendment be amended by leaving out all words after “amended by” and inserting instead:

“inserting the following new clauses after clause (6):

( ) Notes that Geoscience Australia mapping shows that Tasmania has a high potential for hydrogen production through electrolysis, and supports the production of hydrogen through electrolysis in Tasmania.

( ) Calls on the Government to rule out production of hydrogen in Tasmania from fossil fuel-derived hydrogen coupled with carbon capture and storage as proposed in scenarios 4 and 5 in the Geoscience Australia report on prospective hydrogen production regions of Australia.”

Original Amendment

That the Motion be amended by:

(1)           In clause (6) leaving out the words “would support the creation of 500 jobs” and inserting instead the words “could create significant economic activity and employment”.

(2)           Leaving out clause (7) and inserting instead “(7) Notes that the Tasmanian Government is well advanced in developing a Tasmanian Hydrogen Industry Strategy that will facilitate us as a key player in the future hydrogen market.”


Amendment to Amendment Negatived

 

 

Final Motion (Moved by Labor) - Motion passed with amendment.
Wednesday, 25 September 2019 - Motion, Hydrogen Strategy

Final Motion

That the House:—

(1)           Notes the potential of the creation of hundreds of jobs in the establishment of a Hydrogen Industry in Tasmania.

(2)           Recognises that a number of Asian countries, in particular Japan and South Korea are looking to Australia to provide Hydrogen energy to support them in their transition to Hydrogen.

(3)           Acknowledges the work being done nationally, led by Chief Scientist, Alan Finkle in Chairing the National Hydrogen Strategy Group, in the establishment of a National Hydrogen Strategy, due to be released by the end of 2019.

(4)           Further recognises the local community and industry leadership in the Tamar Valley advocating for the creation of this industry in Tasmania.

(5)           Further notes that the States of Queensland, Victoria, South Australia and Western Australia all have well established standalone State based strategies to maximise the economic opportunity for Hydrogen in their respective States.

(6)           Further notes that it is estimated that a hydrogen plant, converting renewable energy into hydrogen for export, could create significant economic activity and employment in northern Tasmania.

(7)           Notes that the Tasmanian Government is well advanced in developing a Tasmanian Hydrogen Industry Strategy that will facilitate us as a key player in the future hydrogen market.

Original Motion

That the House:—

(1)           Notes the potential of the creation of hundreds of jobs in the establishment of a Hydrogen Industry in Tasmania.

(2)           Recognises that a number of Asian countries, in particular Japan and South Korea are looking to Australia to provide Hydrogen energy to support them in their transition to Hydrogen.

(3)           Acknowledges the work being done nationally, led by Chief Scientist, Alan Finkle in Chairing the National Hydrogen Strategy Group, in the establishment of a National Hydrogen Strategy, due to be released by the end of 2019.

(4)           Further recognises the local community and industry leadership in the Tamar Valley advocating for the creation of this industry in Tasmania.

(5)           Further notes that the States of Queensland, Victoria, South Australia and Western Australia all have well established standalone State based strategies to maximise the economic opportunity for Hydrogen in their respective States.

(6)           Further notes that it is estimated that a hydrogen plant, converting renewable energy into hydrogen for export, would support the creation of 500 jobs in northern Tasmania.

(7)           Condemns the lack of action by the Hodgman Government on this opportunity and their failure to produce a strategy that would allow Tasmania to support the development of this new industry with the hundreds of jobs it would create.  These are renewable and skilled jobs that are being squandered by the Hodgman Government because it doesn't have the vision or passion to make this potential billion dollar industry a reality for Tasmania.


Final Motion Passed

 

 

Amendment (Moved by Liberals) - An amendment to replace support for the climate strike movement with acknowledgement, and to list Tasmanian emissions information and policies.
Wednesday, 25 September 2019 - Motion, Global Climate Strike

Amendment

That the Motion be amended -

(1)                By inserting the following new clause after clause (2): “(3) Notes the Tasmanian Government acknowledges that the impact of climate change is a serious issue that requires local, national and international action.”

(2)                In clause (3) by inserting the following words after the word “futures”: “noting that Tasmania is one of the lowest net emitters of carbon dioxide on the planet.”

(3)                By inserting the following new clauses after clause (3):

( ) “Notes that Tasmania has the lowest per capita emissions out of all states and territories.”

( ) “Acknowledges that Tasmania will be 100% renewable in terms of electricity generation by 2022, well in advance of the 2030 target being called for.”

( ) “Notes Tasmania’s Climate Change Action Plan 2017-2021 sets our agenda for reducing emissions and taking action on climate change through to 2021.”

( ) “Encourages all Tasmanians to engage and fully understand Tasmania’s global leading position on climate change.”

(4)                In clause (4) by leaving out the word “support” and inserting instead the following words “Acknowledges the concerns that have led to”.

Original Motion

That the House:—

 

(1)           Acknowledges on 20 September 2019 as part of a Global Climate Strike, over 15,000 people gathered on Parliament House Lawns in Hobart, with others striking around the State in Launceston, Devonport, Burnie, Wynyard, Zeehan, Currie and St Helens.

(2)           Recognises there is widespread and growing public demand for climate action in the form of mass mobilisation and protest around the State, Country and the global community, with an estimated 150 million people taking part in the global climate strikes.

(3)           Commits to standing by young people and the wider community in their fight for climate action and for their futures.

(4)           Supports the global climate strike movement.  

Supported

Hickey, Labor, Liberals

Opposed

Greens, Ogilvie

Amendment Passed

 

 

Amendment to Amendment (Moved by Labor) - An amendment to amend the Liberal's amended in order to retain the word support for the climate strike movement.
Wednesday, 25 September 2019 - Motion, Global Climate Strike

Amendment to Amendment

That the Amendment be amended by by leaving out the words “Acknowledges the concerns that have led to” in clause (4) and inserting instead the word “Supports”.

Original Amendment

That the Motion be amended -

(1)                By inserting the following new clause after clause (2): “(3) Notes the Tasmanian Government acknowledges that the impact of climate change is a serious issue that requires local, national and international action.”

(2)                In clause (3) by inserting the following words after the word “futures”: “noting that Tasmania is one of the lowest net emitters of carbon dioxide on the planet.”

(3)                By inserting the following new clauses after clause (3):

( ) “Notes that Tasmania has the lowest per capita emissions out of all states and territories.”

( ) “Acknowledges that Tasmania will be 100% renewable in terms of electricity generation by 2022, well in advance of the 2030 target being called for.”

( ) “Notes Tasmania’s Climate Change Action Plan 2017-2021 sets our agenda for reducing emissions and taking action on climate change through to 2021.”

( ) “Encourages all Tasmanians to engage and fully understand Tasmania’s global leading position on climate change.”

(4)                In clause (4) by leaving out the word “support” and inserting instead the following words “Acknowledges the concerns that have led to”

Supported

Greens, Labor, Ogilvie

Opposed

Hickey, Liberals

Amendment to Amendment Negatived

 

 

Final Motion (Moved by Greens) - Motion passed with significant amendment.
Wednesday, 25 September 2019 - Motion, Global Climate Strike

Final Motion

That the House:—

 

(1)                Acknowledges on 20 September 2019 as part of a Global Climate Strike, over 15,000 people gathered on Parliament House Lawns in Hobart, with others striking around the State in Launceston, Devonport, Burnie, Wynyard, Zeehan, Currie and St Helens.

(2)                Recognises there is widespread and growing public demand for climate action in the form of mass mobilisation and protest around the State, Country and the global community, with an estimated 150 million people taking part in the global climate strikes.

(3)                Notes the Tasmanian Government acknowledges that the impact of climate change is a serious issue that requires local, national and international action.

(4)                Commits to standing by young people and the wider community in their fight for climate action and for their futures noting that Tasmania is one of the lowest net emitters of carbon dioxide on the planet.

(5)                Notes that Tasmania has the lowest per capita emissions out of all states and territories.

(6)                Acknowledges that Tasmania will be 100% renewable in terms of electricity generation by 2022 well in advance of the 2030 target being called for.

(7)                Notes Tasmania’s Climate Change Action Plan 2017-2021 sets our agenda for reducing emissions and taking action on climate change through to 2021.

(8)                Encourages all Tasmanians to engage and fully understand Tasmania’s global leading position on climate change.

(9)                Acknowledges the concerns that have led to the global climate strike movement.

Original Motion

That the House:—

 

(1)           Acknowledges on 20 September 2019 as part of a Global Climate Strike, over 15,000 people gathered on Parliament House Lawns in Hobart, with others striking around the State in Launceston, Devonport, Burnie, Wynyard, Zeehan, Currie and St Helens.

(2)           Recognises there is widespread and growing public demand for climate action in the form of mass mobilisation and protest around the State, Country and the global community, with an estimated 150 million people taking part in the global climate strikes.

(3)           Commits to standing by young people and the wider community in their fight for climate action and for their futures.

(4)           Supports the global climate strike movement.  

Supported

Hickey, Labor, Liberals

Opposed

Greens, Ogilvie

Final Motion Passed

 

 

Final Motion (Moved by Liberals) - Motion passed without division.
Wednesday, 25 September 2019 - Motion, Extension School Program

Original Motion

(1)           Supports the Hodgman majority Liberal Government’s extension school program, which enables greater options for every young Tasmanian to continue to senior secondary education, regardless of their geographical location or personal circumstances.

(2)           Notes that since the introduction of the program in 2015, it has been embraced by the school communities across Tasmania including district and high schools at Campbell Town, St Marys, St Helens, Oatlands, Sorell and the Tasman.

(3)           Commends Extension School staff, students and communities for working collaboratively to drive change in retention and improve attainment.

(4)           Acknowledges that extension schools and colleges work in partnerships to support and ensure senior secondary education is tailored to each students individual needs and learning is at the heart of the extension school initiative.

(5)           Further commends the 43 schools across the State now offering Years 11 and 12, which far exceeds the initial target.


Final Motion Passed

 

 

Amendment (Moved by Labor) - Proposed amendment to clause 4 to set a universal threshold for $8 million.
Thursday, 26 September 2019 - Bill, Public Works Committee Amendment Bill 2019

Amendment

That the clause be amended by leaving out the definition for “relevant money threshold” and inserting instead the following “relevant monetary threshold means $8,000,000”.

Subject of Debate

relevant monetary threshold, in relation to–

(a) building or construction works – means $8 000 000; or

(b) road or bridges works – means $20 000 000;

 

Supported

Greens, Labor

Opposed

Hickey, Liberals, Ogilvie

Amendment Negatived

 

 

Third Reading (Moved by Liberals) - Bill passed House without Amendment.
Thursday, 26 September 2019 - Bill, Public Works Committee Amendment Bill 2019


Third Reading Passed

 

 

Other (Moved by Greens) - Seeking of leave to suspend standing orders to move a Motion without Notice of censure.
Thursday, 26 September 2019 - Motion, Motion of Censure in all Members

Original Motion

That this House censures Elise Archer, Guy Barnett, Shane Broad, Jenna Butler, Sarah Courtney, Anita Dow, Michael Ferguson, Peter Gutwein, Eloise Haddad, Susannne Hickey, William Hodgman, Jennifer Houston, Roger Jaensch, David O'Byrne, Jacqueline Petrusma, Jeremy Rockliff, Joan Rylah, Mark Shelton, Alison Standen, John Tucker and Rebecca White on the following grounds -

1. The members' failure to offer meaningful support to young people in their fight for a safe climate;

2.The members' failure to stand up to their federal colleagues' shameful advocacy for the coal, oil and gas industries, as well their willingness to accept donations from these industries' ;

3. The members' shameful support for logging natural forest carbon banks;  and

4. The members' complicity in global climate and environmental vandalism that has led to a climate and biodiversity emergency.

Supported

Greens

Opposed

Hickey, Labor, Liberals, Ogilvie

Other Negatived

 

 

Amendment (Moved by Greens) - Proposed amendment to clause 4 to remove the provision causing expiration of the Act after 10 years.
Thursday, 26 September 2019 - Bill, Genetically Modified Organisms Control Amendment Bill 2019

Amendment

That the clause be amended by leaving out all words after “Principal Act is” and inserting instead the word “repealed”.

Subject of Debate

4. Section 36amended (Expiry)

Section 36 of the Principal Act is amended by omitting “15 years” and substituting “25 years”.

 

Supported

Greens

Opposed

Labor, Liberals

Amendment Negatived

 

 

Third Reading (Moved by Liberals) - Bill passed House without Amendment.
Thursday, 26 September 2019 - Bill, Genetically Modified Organisms Control Amendment Bill 2019


Third Reading Passed

 

 

Amendment (Moved by Greens) - Amendment to allow a cemetery manager to lease land from a non-Government entity.
Tuesday, 15 October 2019 - Bill, The Burial and Cremation Bill 2019

Amendment

That proposed Clause 32, subclause (4)(c)(ii) be amended, by leaving out “from the State, or a council,”.


Amendment Negatived

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 15 October 2019 - Bill, The Burial and Cremation Bill 2019


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 15 October 2019 - Bill, Disposal of Uncollected Goods Bill 2019


Third Reading Passed

 

 

Amendment (Moved by Liberals) - Amends the motion to note the economic benefits of a prison as well as the consultation process being undertaken.
Wednesday, 16 October 2019 - Motion, Location of Northern Prison

Amendment

That the Motion be amended by leaving out all words after “That the House” and inserting instead:

"(1)         Notes the Government’s announcement on 30 September 2019 of a preferred site nearby to the Valley Central industrial precinct at Westbury for the new $270 million Northern Regional Prison and the important community consultation that began on that day.

(2)           Notes the enormous economic benefits and jobs this vital project will provide to Westbury and Northern and North West Tasmania.

(3)           Notes the importance of the Government’s consultation program with local residents, businesses, the Meander Valley Council and other key stakeholders to ensure community feedback can be taken into consideration and help inform future decisions about the project."

Original Motion

That the House:-

(1)           Notes the concern of Westbury residents about the decision of the Hodgman Liberal Government to build a new maximum security prison on their doorstep.

(2)           Laments the secrecy and lack of consultation with the community prior to the announcement.

(3)           Calls on the Hodgman Liberal Government to detail how much it has paid a public relations firm to outsource the consultation process.

(4)           Further calls on the Hodgman Liberal Government to reveal the other nine shortlisted sites to fully inform debate about the best location for the northern prison.

Supported

Hickey, Liberals, Ogilvie

Opposed

Greens, Labor

Amendment Passed

 

 

Final Motion (Moved by Labor) - Motion passed completely re-written.
Wednesday, 16 October 2019 - Motion, Location of Northern Prison

Final Motion

That the House:—

(1)           Notes the Government’s announcement on 30 September 2019 of a preferred site nearby to the Valley Central industrial precinct at Westbury for the new $270 million Northern Regional Prison and the important community consultation that began on that day.

(2)           Notes the enormous economic benefits and jobs this vital project will provide to Westbury and Northern and North West Tasmania.

(3)           Notes the importance of the Government’s consultation program with local residents, businesses, the Meander Valley Council and other key stakeholders to ensure community feedback can be taken into consideration and help inform future decisions about the project.

Original Motion

That the House:-

(1)           Notes the concern of Westbury residents about the decision of the Hodgman Liberal Government to build a new maximum security prison on their doorstep.

(2)           Laments the secrecy and lack of consultation with the community prior to the announcement.

(3)           Calls on the Hodgman Liberal Government to detail how much it has paid a public relations firm to outsource the consultation process.

(4)           Further calls on the Hodgman Liberal Government to reveal the other nine shortlisted sites to fully inform debate about the best location for the northern prison.

Supported

Hickey, Liberals, Ogilvie

Opposed

Greens, Labor

Final Motion Passed

 

 

Amendment (Moved by Labor) - Amends the motion to oppose new coal mines only on productive agricultural land.
Wednesday, 16 October 2019 - Motion, Ban on Thermal Coal Mines

Amendment

The motion be amended as follows:

 

Amendment 1

In Clause (3) after ‘climate breakdown’, by inserting ‘while ensuring a just transition for workers and communities’.

 

Amendment 2

In Clause (4) after ‘clean energy island’, by inserting ‘with investments in wind energy and clean fuels like green hydrogen’.

 

Amendment 3

Leave out clauses (5) and (6) and insert instead the following:

(5)                Acknowledges existing coal mines in Tasmania have supported regional jobs for decades and still supply material to Goliath Cement at Railton and Norske Skog at Boyer.

(6)                Commits to invest in new renewable energy technology including Hydrogen to create jobs in Tasmania and grow our economy.

(7)                Agrees that no new coal mines should be permitted in productive agricultural land in Tasmania.

Original Motion

That the House:—

(1)           Acknowledges thermal coal combustion is a key driver of increasing greenhouse gas emissions and rising global temperatures.

(2)           Recognises the impact just 1.1 degrees of warming is having on Tasmania, including extreme floods, East Coast drought and marine heatwave, increased dry lightning storms and destructive bushfires, coastal erosion, biosecurity threats and ecosystem stress.

(3)           Accepts the scientific consensus that burning fossil fuels – such as coal – must end in order to limit warming and prevent climate breakdown.

(4)           Agrees it is in Tasmania's best interest to be a climate positive, clean energy island.

(5)           Notes Tasmania's natural, clean energy powered brand would be damaged by any new coal mines, and this brand damage would flow on to the agricultural and tourism sectors of the economy.

(6)           Commits to a prohibition on new thermal coal mines in Tasmania.

Supported

Labor, Ogilvie

Opposed

Greens, Liberals

Amendment Negatived

 

 

Amendment (Moved by Liberals) - Amends the motion to oppose new coal mines only on productive agricultural land where it is not in the State’s best interests.
Wednesday, 16 October 2019 - Motion, Ban on Thermal Coal Mines

Amendment

That the motion be amended by leaving out all words after “House” and inserting instead:

(1)                Does not support mining developments on productive agricultural land where it is not in the State’s best interests.

(2)                Continues to support the existing coal mining operations in Tasmania, which employ more than 200 people directly and indirectly and supports the local Fingal Valley and Railton communities.

(3)                Notes the Government has neither granted, nor has been asked to grant, any coal mining leases in in the Southern Midlands.

(4)                Notes the rigorous statutory assessment process set out under the Mineral Resources Development Act 1995 which is a legal requirement before either exploration or mining can proceed.

Original Motion

That the House:—

(1)           Acknowledges thermal coal combustion is a key driver of increasing greenhouse gas emissions and rising global temperatures.

(2)           Recognises the impact just 1.1 degrees of warming is having on Tasmania, including extreme floods, East Coast drought and marine heatwave, increased dry lightning storms and destructive bushfires, coastal erosion, biosecurity threats and ecosystem stress.

(3)           Accepts the scientific consensus that burning fossil fuels – such as coal – must end in order to limit warming and prevent climate breakdown.

(4)           Agrees it is in Tasmania's best interest to be a climate positive, clean energy island.

(5)           Notes Tasmania's natural, clean energy powered brand would be damaged by any new coal mines, and this brand damage would flow on to the agricultural and tourism sectors of the economy.

(6)           Commits to a prohibition on new thermal coal mines in Tasmania.

Supported

Labor, Liberals, Ogilvie

Opposed

Greens

Amendment Passed

 

 

Final Motion (Moved by Greens) - Motion passed completely re-written.
Wednesday, 16 October 2019 - Motion, Ban on Thermal Coal Mines

Final Motion

That the House:—

(1)                Does not support mining developments on productive agricultural land where it is not in the State’s best interests.

(2)                Continues to support the existing coal mining operations in Tasmania, which employ more than 200 people directly and indirectly and supports the local Fingal Valley and Railton communities.

(3)                Notes the Government has neither granted, nor has been asked to grant, any coal mining leases in in the Southern Midlands.

(4)                Notes the rigorous statutory assessment process set out under the Mineral Resources Development Act 1995 which is a legal requirement before either exploration or mining can proceed.

Original Motion

That the House:—

(1)           Acknowledges thermal coal combustion is a key driver of increasing greenhouse gas emissions and rising global temperatures.

(2)           Recognises the impact just 1.1 degrees of warming is having on Tasmania, including extreme floods, East Coast drought and marine heatwave, increased dry lightning storms and destructive bushfires, coastal erosion, biosecurity threats and ecosystem stress.

(3)           Accepts the scientific consensus that burning fossil fuels – such as coal – must end in order to limit warming and prevent climate breakdown.

(4)           Agrees it is in Tasmania's best interest to be a climate positive, clean energy island.

(5)           Notes Tasmania's natural, clean energy powered brand would be damaged by any new coal mines, and this brand damage would flow on to the agricultural and tourism sectors of the economy.

(6)           Commits to a prohibition on new thermal coal mines in Tasmania.

Supported

Labor, Liberals, Ogilvie

Opposed

Greens

Final Motion Passed

 

 

Amendment (Moved by Liberals) - Amendment allowing the Minister to approve a recommendation to refuse to approve a name.
Thursday, 17 October 2019 - Bill, Place Names Bill 2019

Amendment

That proposed subclause (4) (a) be amended by inserting the following subparagraph after subparagraph (i):

(ii)           refuse to approve the name, or names, for the place; or


Amendment Passed

 

 

Amendment (Moved by Liberals) - Clarifies that traditional, colloquial or comedic names for places can be used without breaching the provisions of the Act.
Thursday, 17 October 2019 - Bill, Place Names Bill 2019

Amendment

That Clause 13 be amended by inserting the following subclause after subclause (4):

(5)           For the avoidance of doubt, nothing in this section prevents the use of a traditional, colloquial or comedic name for a place if such a name is used in good faith in circumstances where the use of such a name is unlikely to mislead or deceive another person.


Amendment Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House with amendment.
Thursday, 17 October 2019 - Bill, Place Names Bill 2019


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 17 October 2019 - Bill, Marine-Related Incidents (MARPOL Implementation) Bill 2019


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division. (Ms Woodruff was ejected by the speaker and unable to call a division).
Tuesday, 29 October 2019 - Bill, Poisons Amendment Bill 2019


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 29 October 2019 - Bill, Neighbourhood Disputes About Plants Amendment Bill 2019


Third Reading Passed

 

 

Amendment (Moved by Labor) - An amendment removing reference to the Government's EOI process and instead supporting developments consistent with management plans and Tasmania's brand.
Wednesday, 30 October 2019 - Motion, Tourism Developments in National Parks

Amendment

That the Motion be amended by leaving out all words after “supports” and inserting instead “sensible, sustainable and appropriate tourism development in National Parks, Reserves and on Crown Land in accordance with management plans and consistent with Tasmania’s brand values.”

Original Motion

That the House supports the Government’s expression of interest process for sensible and appropriate tourism developments in our National Parks, Reserves and on Crown Land.

Supported

Labor

Opposed

Greens, Liberals, Ogilvie

Amendment Negatived

 

 

Final Motion (Moved by Liberals) - Motion passed without amendment.
Wednesday, 30 October 2019 - Motion, Tourism Developments in National Parks

Original Motion

That the House supports the Government’s expression of interest process for sensible and appropriate tourism developments in our National Parks, Reserves and on Crown Land.

Supported

Liberals, Ogilvie

Opposed

Greens, Labor

Final Motion Passed

 

 

Amendment (Moved by Labor) - Amendment negatived.
Wednesday, 30 October 2019 - Motion, Reserve Activity Assessment Process for Developments in Parks

Amendment

That the Motion be amended by leaving out paragraph (7) and inserting instead:

“(7)         Notes the failure of the Government to review the Reserve Activity Assessment process that was commenced in early 2018 and promised to be completed by end 2018.

(8)           Calls on the Government to:

(a)           release the key outcomes of the Reserve Activity Assessment review to date and commit to a timeframe for completion of the review;

(b)           review and update Management Plans for Tasmania’s National Parks and Reserves; and

(c)           commit to appropriate resourcing to enable the Parks and Wildlife Service to fulfil their responsibilities in overseeing Tasmania’s National Parks and Reserves.”

Original Motion

That the House:—

(1)           Understands Tasmania’s National Parks and Reserves are protected for their outstanding natural and cultural values.

(2)           Acknowledges the Government’s Expressions of Interest (EOI) process is conducted in secret, and is a matter of growing concern for Tasmanians across the social, cultural, and political spectrum.

(3)           Notes that the Resource Management and Planning Appeal Tribunal (RMPAT) concluded in the recent Lake Malbena case that “a proper interpretation of… the Scheme only requires… that a Management Plan is in existence; and… an assessment of use in accordance with the Management Plan has been undertaken and approved up to and including Step 7 of the RAA process”.

(4)           Further acknowledges this means that a project’s compliance with a Management Plan cannot be appealed to RMPAT.

(5)           Further acknowledges this means for a level 1, 2, or 3 Reserve Activity Assessment there is no opportunity for formal community consultation on matters pertaining to compliance with a Management Plan.

(6)           Agrees that, at a minimum, developments in Reserved Areas should be subject to a process that allows for public consultation on compliance with a Management Plan, and that this compliance must be able to be tested in an appeal to RMPAT.

(7)           Calls on the Government to halt the EOI process until a new statutory process - that allows for public consultation and an appeal on matters pertaining to compliance with a Management Plan - is in place.

Supported

Labor

Opposed

Greens, Hickey, Liberals, Ogilvie

Amendment Negatived

 

 

Final Motion (Moved by Greens) - Motion negatived.
Wednesday, 30 October 2019 - Motion, Reserve Activity Assessment Process for Developments in Parks

Original Motion

That the House:—

(1)           Understands Tasmania’s National Parks and Reserves are protected for their outstanding natural and cultural values.

(2)           Acknowledges the Government’s Expressions of Interest (EOI) process is conducted in secret, and is a matter of growing concern for Tasmanians across the social, cultural, and political spectrum.

(3)           Notes that the Resource Management and Planning Appeal Tribunal (RMPAT) concluded in the recent Lake Malbena case that “a proper interpretation of… the Scheme only requires… that a Management Plan is in existence; and… an assessment of use in accordance with the Management Plan has been undertaken and approved up to and including Step 7 of the RAA process”.

(4)           Further acknowledges this means that a project’s compliance with a Management Plan cannot be appealed to RMPAT.

(5)           Further acknowledges this means for a level 1, 2, or 3 Reserve Activity Assessment there is no opportunity for formal community consultation on matters pertaining to compliance with a Management Plan.

(6)           Agrees that, at a minimum, developments in Reserved Areas should be subject to a process that allows for public consultation on compliance with a Management Plan, and that this compliance must be able to be tested in an appeal to RMPAT.

(7)           Calls on the Government to halt the EOI process until a new statutory process - that allows for public consultation and an appeal on matters pertaining to compliance with a Management Plan - is in place.

Supported

Greens

Opposed

Hickey, Labor, Liberals, Ogilvie

Final Motion Negatived

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Wednesday, 30 October 2019 - Bill, Public Sector Superannuation Reform Amendment Bill 2019


Third Reading Passed

 

 

Amendment (Moved by Liberals) - Amends the motion to note the benefits of the project to the region and assurances that the Government is listening to community feedback.
Wednesday, 30 October 2019 - Motion, Proposal for Prison at Westbury

Amendment

That the Motion be amended by leaving out all words after “(1) Recognises the concerns of Westbury residents” and inserting instead:

“              about the preferred site for the Northern Regional Prison.

(2)           Notes the major benefits such a project, including hundreds of jobs, will bring to Westbury and the Meander Valley region.

(3)          Notes the Government’s community consultation has begun with local residents and businesses including weekly community drop-in sessions to help address community concerns.

(4)          Notes the Government’s assurance that it is listening to community feedback.”

Original Motion

That the House:—

(1)           Recognises the concerns of Westbury residents who do not support a Maximum Security Prison being built on their doorstep.

(2)           Calls on the Government to abandon Westbury as the preferred site for the project.

(3)           Further calls on the Government to release the nine other shortlisted sites to fully inform public debate over alternative sites.

(4)           Requires the Government to consult with shortlisted communities before making an announcement about a new preferred location for the Northern Prison. 

Supported

Liberals, Ogilvie

Opposed

Greens, Labor

Amendment Passed

 

 

Amendment to Amendment (Moved by Greens) - Amends the amendment to call on the Government to consider repurposing Ashley Youth Detention Centre for a Northern Prison.
Wednesday, 30 October 2019 - Motion, Proposal for Prison at Westbury

Amendment to Amendment

That the Amendment be amended by leaving out paragraph (2) to (4) and inserting instead:

“(2)         Calls on the Government to consult broadly on the prospect of closing Ashley Youth Detention Centre and repurposing the 50 beds to become the northern adult prison, and establishing two new purpose-built facilities for Youth detention."

Original Amendment

That the Motion be amended by leaving out all words after “(1) Recognises the concerns of Westbury residents” and inserting instead:

“              about the preferred site for the Northern Regional Prison.

(2)           Notes the major benefits such a project, including hundreds of jobs, will bring to Westbury and the Meander Valley region.

(3)          Notes the Government’s community consultation has begun with local residents and businesses including weekly community drop-in sessions to help address community concerns.

(4)          Notes the Government’s assurance that it is listening to community feedback.”

Supported

Greens

Opposed

Labor, Liberals, Ogilvie

Amendment to Amendment Negatived

 

 

Final Motion (Moved by Labor) - Motion passed with significant amendment.
Wednesday, 30 October 2019 - Motion, Proposal for Prison at Westbury

Final Motion

That the House:—

(1)           Recognises the concerns of Westbury residents about the preferred site for the Northern Regional Prison.

(2)           Notes the major benefits such a project, including hundreds of jobs, will bring to Westbury and the Meander Valley region.

(3)          Notes the Government’s community consultation has begun with local residents and businesses including weekly community drop-in sessions to help address community concerns.

(4)          Notes the Government’s assurance that it is listening to community feedback.

Original Motion

That the House:—

(1)           Recognises the concerns of Westbury residents who do not support a Maximum Security Prison being built on their doorstep.

(2)           Calls on the Government to abandon Westbury as the preferred site for the project.

(3)           Further calls on the Government to release the nine other shortlisted sites to fully inform public debate over alternative sites.

(4)           Requires the Government to consult with shortlisted communities before making an announcement about a new preferred location for the Northern Prison. 


Final Motion Passed

 

 

Upper House Amendments (Moved by Liberals) - Amendments from the Legislative Council to Clauses 4 and 7.
Thursday, 31 October 2019 - Bill, Public Works Committee Amendment Bill 2019

Amendment

Clause 4

Page 5, proposed section 2, definition of relevant monetary threshold, paragraph (b).

Leave out “$20 000 000”.

Insert instead “$15 000 000”.

 

Clause 7

Page 7.

Leave out all words after “Principal Act”.

Insert instead “is amended –

(a)     by inserting “or Legislative Council” after “House of Assembly”;

(b)    by omitting “exceed $5 000 000” and substituting “exceed the relevant monetary threshold in relation to such work”.


Upper House Amendments Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 31 October 2019 - Bill, Justice Legislation Miscellaneous Amendments Bill 2019


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 31 October 2019 - Bill, Dog Control Amendment Bill 2019


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 12 November 2019 - Bill, Police Legislation (Miscellaneous Amendments) Bill 2019


Third Reading Passed

 

 

Amendment (Moved by Liberals) - Amendment to allow the long service leave rate of pay to reflect higher duties.
Tuesday, 12 November 2019 - Bill, Long Service Leave (State Employees) Amendment Bill 2019

Amendment

New Clause A -

A.      Section 4 amended (Salary)

Section 4 of the Principal Act is amended as follows:

(a)     by inserting the following paragraph after paragraph (d) in subsection (1):

(da) higher duties, or more responsible duties or relieving, allowances that –

(i)                  were payable to an employee in respect of duties performed by the employee immediately before a period of long service leave; and

(ii)                would, but for the employee being absent on long service leave, be payable to the employee for the whole period of that leave as the duties that attract the allowance are resumed by the employee immediately on the completion of the leave;

(b)    by omitting paragraph (c) from subsection (2).


Amendment Passed

 

 

Third Reading (Moved by Liberals) - Passed with Amendment.
Tuesday, 12 November 2019 - Bill, Long Service Leave (State Employees) Amendment Bill 2019


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 12 November 2019 - Bill, Inland Fisheries Amendment (Royalties) Bill 2019


Third Reading Passed

 

 

Final Motion (Moved by Liberals) - Motion passed without division.
Wednesday, 13 November 2019 - Motion, Infrastructure Spending

Original Motion

That the House -

(1)           Acknowledges that the Hodgman majority Liberal Government has a long-term plan to keep our economy strong and this includes investing in infrastructure at record levels in the 2019-20 State Budget.

(2)           Notes that, Government infrastructure spending as a proportion of total expenditure has almost doubled from around 7 per cent in 2014 to almost 12 per cent in the 2018-19 financial year.

(3)           Recognises that that actual infrastructure spending by the Hodgman Liberal Government was a massive 230 per cent higher in 2018-19, than it was just six years earlier in the last full year of the previous Government.

(4)           Further acknowledges that the Government is getting on with the job of delivering this strong infrastructure investment plan.


Final Motion Passed

 

 

Amendment (Moved by Liberals) - Replaces the call for a fourth level in the LGH escalation policy, and a review of LGH escalation policy, with an acknowledgement that there is currently an audit.
Wednesday, 13 November 2019 - Motion, Emergency Department at the LGH

Amendment

The motion be amended by leaving out paragraphs (5) and (6) and inserting instead:

(5) Acknowledges that the Minister has already confirmed that an audit of escalation levels is presently underway, and recognises that it is the medical, nursing, allied health and other staff across our hospitals who are best placed to make decisions around internal patient flow processes.

Original Motion

That the House:—

(1)           Notes with concern reports that over the third weekend in October 2019, 12 admitted patients at the Launceston General Hospital (LGH) were waiting in the Emergency Department for longer than 24 hours, with four of those patients waiting longer than two days, and one patient forced to wait 16 hours in an ambulance.

(2)           Further notes that the Tasmanian Health Service Annual Report shows that only 56.6% of patients at the LGH experienced an Emergency Department stay of less than four hours, drastically short of the Service Plan target of not less than 90% of patients.

(3)           Further notes with concern the Auditor-General's finding that the rate of adverse events in the Emergency Department at the LGH increased significantly between 2015 and 2018.

(4)           Further notes that the Auditor-General’s Report into the performance of Tasmania’s four major hospitals in the delivery of Emergency Department services found that LGH spent 70% of the time between 29 June 2018 and 24 January 2019 at the highest possible level of escalation and in a state of almost constant gridlock.

(5)           Heeds the calls of nurses and doctors, through the Australian Nursing and Midwifery Federation (ANMF), the Health and Community Services Union (HACSU), and the LGH Staff Association for the introduction of a fourth level in the LGH escalation policy, a response that was implemented at the Royal Hobart Hospital.

(6)           Calls on the Minister for Health, Hon Sarah Courtney MP, to commit to a review of the LGH escalation policy, including the manner in which a fourth escalation level will be introduced, in consultation with the ANMF, HACSU and the LGH Staff Association.

Supported

Liberals, Ogilvie

Opposed

Greens, Labor

Amendment Passed

 

 

Final Motion (Moved by Labor) - Motion passed substantially amended.
Wednesday, 13 November 2019 - Motion, Emergency Department at the LGH

Final Motion

That the House:—

(1)           Notes with concern reports that over the third weekend in October 2019, 12 admitted patients at the Launceston General Hospital (LGH) were waiting in the Emergency Department for longer than 24 hours, with four of those patients waiting longer than two days, and one patient forced to wait 16 hours in an ambulance.

(2)           Further notes that the Tasmanian Health Service Annual Report shows that only 56.6% of patients at the LGH experienced an Emergency Department stay of less than four hours, drastically short of the Service Plan target of not less than 90% of patients.

(3)           Further notes with concern the Auditor-General's finding that the rate of adverse events in the Emergency Department at the LGH increased significantly between 2015 and 2018.

(4)           Further notes that the Auditor-General’s Report into the performance of Tasmania’s four major hospitals in the delivery of Emergency Department services found that LGH spent 70% of the time between 29 June 2018 and 24 January 2019 at the highest possible level of escalation and in a state of almost constant gridlock.

(5)           Acknowledges that the Minister has already confirmed that an audit of escalation levels is presently underway, and recognises that it is the medical, nursing, allied health and other staff across our hospitals who are best placed to make decisions around internal patient flow processes.

Original Motion

That the House:—

(1)           Notes with concern reports that over the third weekend in October 2019, 12 admitted patients at the Launceston General Hospital (LGH) were waiting in the Emergency Department for longer than 24 hours, with four of those patients waiting longer than two days, and one patient forced to wait 16 hours in an ambulance.

(2)           Further notes that the Tasmanian Health Service Annual Report shows that only 56.6% of patients at the LGH experienced an Emergency Department stay of less than four hours, drastically short of the Service Plan target of not less than 90% of patients.

(3)           Further notes with concern the Auditor-General's finding that the rate of adverse events in the Emergency Department at the LGH increased significantly between 2015 and 2018.

(4)           Further notes that the Auditor-General’s Report into the performance of Tasmania’s four major hospitals in the delivery of Emergency Department services found that LGH spent 70% of the time between 29 June 2018 and 24 January 2019 at the highest possible level of escalation and in a state of almost constant gridlock.

(5)           Heeds the calls of nurses and doctors, through the Australian Nursing and Midwifery Federation (ANMF), the Health and Community Services Union (HACSU), and the LGH Staff Association for the introduction of a fourth level in the LGH escalation policy, a response that was implemented at the Royal Hobart Hospital.

(6)           Calls on the Minister for Health, Hon Sarah Courtney MP, to commit to a review of the LGH escalation policy, including the manner in which a fourth escalation level will be introduced, in consultation with the ANMF, HACSU and the LGH Staff Association.

Supported

Liberals, Ogilvie

Opposed

Greens, Labor

Final Motion Passed

 

 

Amendment (Moved by Liberals) - Amends to motion to not longer call on the Government to table information, and to note matters that the government has already actioned instead.
Wednesday, 13 November 2019 - Motion, Bushfire Preparation

Amendment

Leave out paragraph (2) to (5) and insert instead:

(2)    Confirms the strong support of the Tasmanian people for those affected by the fires and praises the efforts of Tasmanian firefighters in New South Wales and Queensland who are helping their mainland colleagues to defend life and property.

(3)    Again recognises the Government has accepted in principle the recommendations by an independent review conducted by AFAC after last season's bushfires.

(4)    Notes that no Greens Member of Parliament attended a briefing on the season outlook and preparation as provided by the Chief Fire Officer for Members of Parliament.

(5)    Acknowledge the advice provided to the House that AFAC short term recommendations four and six are completed and that the remaining short-term recommendations being 1, 5 and 8 will be completed by the end of November.  Further that medium and long-term recommendations being 2, 3, 7 and 9 are being progressed by a dedicated project manager in the Tasmanian Fire Service.

Original Motion

That the House:—

  1. Acknowledges the bushfire season has started early and ferociously in eastern Australia, with homes having already been threatened in Tasmania, and massive fires causing widespread devastation in New South Wales and Queensland.

  2. Understands the likelihood of ongoing bushfire emergencies in mainland Australia, meaning Tasmania may not be able to depend on the assistance of resources from interstate if we face a large event of our own.

  3. Recognises the Government was provided with nine important recommendations by an independent review conducted by the Australasian Fire and Emergency Service Authorities Council (AFAC) after the 2018 bushfires.

  4. Calls on the Minister for Police, Fire and Emergency Services, Hon. Mark Shelton MP, to lay before the House, by 14 November, 2019:—

    1. all information related to the completed implementation of Recommendations 4 and 6 of the AFAC review; and

    2. all information related to the progress of implementing Recommendations 1,5, and 8 of the AFAC review, along with a timeline for completion of these recommendations.

  5. Calls on the Minister for Police, Fire and Emergency Services, Hon Mark Shelton MP, to lay before the House detailed strategies outlining the plan and resourcing for implementing Recommendations 2, 3, 7, and 9 of the AFAC review, no later than the first sitting week of the 2020 Parliamentary session.

Supported

Liberals, Ogilvie

Opposed

Greens, Labor

Amendment Passed

 

 

Final Motion (Moved by Greens) - Motion passed substantially amended.
Wednesday, 13 November 2019 - Motion, Bushfire Preparation

Final Motion

That the House:—

  1. Acknowledges the bushfire season has started early and ferociously in eastern Australia, with homes having already been threatened in Tasmania, and massive fires causing widespread devastation in New South Wales and Queensland.

  2. Confirms the strong support of the Tasmanian people for those affected by the fires and praises the efforts of Tasmanian firefighters in New South Wales and Queensland who are helping their mainland colleagues to defend life and property.

  3. Again recognises the Government has accepted in principle the recommendations by an independent review conducted by AFAC after last season's bushfires.

  4. Notes that no Greens Member of Parliament attended a briefing on the season outlook and preparation as provided by the Chief Fire Officer for Members of Parliament.

  5. Acknowledge the advice provided to the House that AFAC short term recommendations four and six are completed and that the remaining short-term recommendations being 1, 5 and 8 will be completed by the end of November.  Further that medium and long-term recommendations being 2, 3, 7 and 9 are being progressed by a dedicated project manager in the Tasmanian Fire Service.

Original Motion

That the House:—

  1. Acknowledges the bushfire season has started early and ferociously in eastern Australia, with homes having already been threatened in Tasmania, and massive fires causing widespread devastation in New South Wales and Queensland.

  2. Understands the likelihood of ongoing bushfire emergencies in mainland Australia, meaning Tasmania may not be able to depend on the assistance of resources from interstate if we face a large event of our own.

  3. Recognises the Government was provided with nine important recommendations by an independent review conducted by the Australasian Fire and Emergency Service Authorities Council (AFAC) after the 2018 bushfires.

  4. Calls on the Minister for Police, Fire and Emergency Services, Hon. Mark Shelton MP, to lay before the House, by 14 November, 2019:—

    1. all information related to the completed implementation of Recommendations 4 and 6 of the AFAC review; and

    2. all information related to the progress of implementing Recommendations 1,5, and 8 of the AFAC review, along with a timeline for completion of these recommendations.

  5. Calls on the Minister for Police, Fire and Emergency Services, Hon Mark Shelton MP, to lay before the House detailed strategies outlining the plan and resourcing for implementing Recommendations 2, 3, 7, and 9 of the AFAC review, no later than the first sitting week of the 2020 Parliamentary session.

Supported

Liberals, Ogilvie

Opposed

Greens, Labor

Final Motion Passed

 

 

Clause (Moved by Liberals) - Vote on Clause 6.
Thursday, 14 November 2019 - Bill, Gaming Control Amendment (Wagering) Bill 2019

Subject of Debate

Vote on Clause 6.

Supported

Labor, Liberals, Ogilvie

Opposed

Greens

Clause Passed

 

 

Clause (Moved by Liberals) - Vote on Clause 10.
Thursday, 14 November 2019 - Bill, Gaming Control Amendment (Wagering) Bill 2019

Subject of Debate

Vote on Clause 10.

Supported

Hickey, Labor, Liberals, Ogilvie

Opposed

Greens

Clause Passed

 

 

Clause (Moved by Liberals) - Vote on Clause 11.
Thursday, 14 November 2019 - Bill, Gaming Control Amendment (Wagering) Bill 2019

Subject of Debate

Vote on Clause 11.

Supported

Hickey, Labor, Liberals, Ogilvie

Opposed

Greens

Clause Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 14 November 2019 - Bill, Gaming Control Amendment (Wagering) Bill 2019


Third Reading Passed

 

 

Final Motion (Moved by Liberals) - Motion passed without division.
Tuesday, 26 November 2019 - Motion, Section 19 Return June 2019


Final Motion Passed

 

 

Second Reading (Moved by Liberals) - Second Reading vote passed.
Tuesday, 26 November 2019 - Bill, Justice Legislation (Mandatory Sentencing) Bill 2019

Supported

Liberals, Ogilvie

Opposed

Greens, Hickey, Labor

Second Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without Amendment.
Tuesday, 26 November 2019 - Bill, Justice Legislation (Mandatory Sentencing) Bill 2019

Supported

Liberals, Ogilvie

Opposed

Greens, Hickey, Labor

Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 26 November 2019 - Bill, Duties Amendment Bill 2019


Third Reading Passed

 

 

Other (Moved by Liberals) - Motion to adjourn debate until a later hour.
Wednesday, 27 November 2019 - Bill, Security and Investigations Agents Amendment Bill 2018

Subject of Debate

That the Debate be adjourned until a later hour.

Supported

Greens, Hickey, Labor

Opposed

Liberals

Other Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Wednesday, 27 November 2019 - Bill, Security and Investigations Agents Amendment Bill 2018


Third Reading Passed

 

 

Final Motion (Moved by Greens) - Motion negatived.
Wednesday, 27 November 2019 - Motion, Logging in TFA Second Tranche Forests

Subject of Debate

That the House:—

  1. Recognises that in time of accelerating climate change and increasing CO2 emissions, natural carbon stores must be protected.

  2. Agrees that in a climate emergency and biodiversity crisis there is no economic, social or environmental justification for logging old forests and releasing their carbon stores into the atmosphere.

  3. Understands that Tasmanian natural, carbon rich forests are being logged at an accelerating pace under the Liberals, with hundreds of thousands of hectares more available for logging in April 2020.

  4. Commits to protecting the 356,000 ha Tasmanian Forest Agreement second tranche reserve forests.

Supported

Greens

Opposed

Labor, Liberals, Ogilvie

Final Motion Negatived

 

 

Amendment (Moved by Labor) - Notes the recommendation for adoption of a legislative framework for Advance Care Directives and calls for funding for Palliative Care Tasmania.
Wednesday, 27 November 2019 - Motion, Legislation for Advanced Care Directives

Amendment

(1)    By leaving out paragraph (3) and inserting instead “(3) Notes the Tasmanian Law Reform Institute Review of the Guardianship and Administration Act 1995, recommending the adoption of a legislative framework for Advance Care Directives.”

(2)    Add the following new paragraphs:

“(6)         Notes the critical work of Palliative Care Tasmania in ensuring all Tasmanians have access to quality palliative care support and services.

(7)           Further notes that Palliative Care Tasmania is the only state palliative care peak body that does not receive state government funding.

(8)           Calls on the Government to commit to funding Palliative Care Tasmania in 2020-2021 and beyond.”

Original Motion

That the House:—

  1. Recognises the importance of contemporary laws supporting health care provision, end of life decisions and advance care planning.

  2. Notes that in 2017 the House of Assembly Standing Committee on Community Development, Inquiry into Palliative Care recommended codifying in legislation the common law position on end of life decision making and providing a legislative basis for advance care planning.

  3. Understands that the Tasmanian Law Reform Institute supported the recommendations of the Inquiry into Palliative Care, further recommending the above steps be undertaken.

  4. Endorses the above matters, and requests the Attorney General, Hon. Elise Archer MP refer the proposed law reform to the Office of Parliamentary Counsel for the preparation of Bills.

  5. Calls on the Government to bring on such Bills for debate in the House as a matter of priority in 2020.


Amendment Passed

 

 

Amendment to Amendment (Moved by Ogilvie) - Changes Advance Care Directives to Advanced Care Planning and removes the call for Palliative Care Tasmania to be funded.
Wednesday, 27 November 2019 - Motion, Legislation for Advanced Care Directives

Amendment to Amendment

(1)    In proposed new paragraph (3) by leaving out the word “Directives” and inserting instead the word “Planning”.

(2)    By leaving out proposed new paragraph (8).

Original Amendment

(1)    By leaving out paragraph (3) and inserting instead “(3) Notes the Tasmanian Law Reform Institute Review of the Guardianship and Administration Act 1995, recommending the adoption of a legislative framework for Advance Care Directives.”

(2)    Add the following new paragraphs:

“(6)         Notes the critical work of Palliative Care Tasmania in ensuring all Tasmanians have access to quality palliative care support and services.

(7)           Further notes that Palliative Care Tasmania is the only state palliative care peak body that does not receive state government funding.

(8)           Calls on the Government to commit to funding Palliative Care Tasmania in 2020-2021 and beyond.”

Supported

Liberals, Ogilvie

Opposed

Greens, Hickey, Labor

Amendment to Amendment Passed

 

 

Final Motion (Moved by Ogilvie) - Motion passed with amendment.
Wednesday, 27 November 2019 - Motion, Legislation for Advanced Care Directives

Final Motion

That the House:—

  1. Recognises the importance of contemporary laws supporting health care provision, end of life decisions and advance care planning.

  2. Notes that in 2017 the House of Assembly Standing Committee on Community Development, Inquiry into Palliative Care recommended codifying in legislation the common law position on end of life decision making and providing a legislative basis for advance care planning.

  3. Notes the Tasmanian Law Reform Institute Review of the Guardianship and Administration Act 1995, recommending the adoption of a legislative framework for Advance Care Planning.

  4. Endorses the above matters, and requests the Attorney General, Hon. Elise Archer MP refer the proposed law reform to the Office of Parliamentary Counsel for the preparation of Bills.

  5. Calls on the Government to bring on such Bills for debate in the House as a matter of priority in 2020.

  6. Notes the critical work of Palliative Care Tasmania in ensuring all Tasmanians have access to quality palliative care support and services.

  7. Further notes that Palliative Care Tasmania is the only state palliative care peak body that does not receive state government funding.

Original Motion

That the House:—

  1. Recognises the importance of contemporary laws supporting health care provision, end of life decisions and advance care planning.

  2. Notes that in 2017 the House of Assembly Standing Committee on Community Development, Inquiry into Palliative Care recommended codifying in legislation the common law position on end of life decision making and providing a legislative basis for advance care planning.

  3. Understands that the Tasmanian Law Reform Institute supported the recommendations of the Inquiry into Palliative Care, further recommending the above steps be undertaken.

  4. Endorses the above matters, and requests the Attorney General, Hon. Elise Archer MP refer the proposed law reform to the Office of Parliamentary Counsel for the preparation of Bills.

  5. Calls on the Government to bring on such Bills for debate in the House as a matter of priority in 2020.


Final Motion Passed

 

 

Final Motion (Moved by Labor) - Motion negatived.
Wednesday, 27 November 2019 - Motion, Bushfire Preparedness

Subject of Debate

That the House:—

  1. Recognises the current bushfire season is forecast to be potentially catastrophic due to dryer than usual conditions.

  2. Notes with concern that the recommendations from the 2019 Australian Fire and Emergency Service Authorities Council(AFAC) Independent Operational Review, the 2016 AFAC Independent Operational Review and the House of Assembly Standing Committee on Community Development Inquiry into the State Fire Commission 2016 have not been implemented in full.

  3. Further notes senior firefighters have drawn attention to the State’s unpreparedness for the current bushfire season, warning that it is “just luck getting us by.”

  4. Calls on the Liberal Government to table a comprehensive timeline for the full implementation of recommendations from the 2016 and 2019 reviews, no later than 28 November 2019. 

Supported

Greens, Labor

Opposed

Hickey, Liberals, Ogilvie

Final Motion Negatived

 

 

First Reading (Moved by Liberals) - First Reading vote passed.
Thursday, 14 November 2019 - Bill, Workplaces (Protection from Protesters) Amendment Bill 2019

Supported

Labor, Liberals, Ogilvie

Opposed

Greens

First Reading Passed

 

 

Amendment (Moved by Greens) - Proposed amendment to the Second Reading for the purposes of withdrawing the Bill.
Wednesday, 27 November 2019 - Bill, Workplaces (Protection from Protesters) Amendment Bill 2019

Amendment

That the Bill be withdrawn and redrafted to repeal the Workplaces (Protection from Protesters) Act 2014 on the basis that the Principal Act to which the amendment bill relates is not constitutional, the amendment bill does not correct this unconstitutionality, and the unconstitutional Act should be struck from the statutes as soon as practicable.

Original Motion

That the Workplaces (Protection from Protesters) Amendment Bill 2019 be now read the Second time.

Supported

Greens, Hickey, Labor

Opposed

Liberals, Ogilvie

Amendment Negatived

 

 

Second Reading (Moved by Liberals) - Second Reading vote passed.
Wednesday, 27 November 2019 - Bill, Workplaces (Protection from Protesters) Amendment Bill 2019

Supported

Liberals, Ogilvie

Opposed

Greens, Labor

Second Reading Passed

 

 

Other (Moved by Liberals) - Vote on urgency declaration (section 116 of the House of Assembly Standing Orders) which set a deadline for the debate to conclude.
Thursday, 28 November 2019 - Bill, Workplaces (Protection from Protesters) Amendment Bill 2019

Subject of Debate

That all remaining stages of the Bill be completed by Six o’clock p.m. today.

Supported

Liberals, Ogilvie

Opposed

Greens, Hickey, Labor

Other Passed

 

 

Clause (Moved by Liberals) - Vote on clause 4 of the Bill.
Thursday, 28 November 2019 - Bill, Workplaces (Protection from Protesters) Amendment Bill 2019

Subject of Debate

Vote on clause 4 of the Bill.

Supported

Liberals, Ogilvie

Opposed

Greens, Hickey, Labor

Clause Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without Amendment.
Thursday, 28 November 2019 - Bill, Workplaces (Protection from Protesters) Amendment Bill 2019

Supported

Liberals, Ogilvie

Opposed

Greens, Hickey, Labor

Third Reading Passed

 

 

Other (Moved by Labor) - seeking of leave to move a Motion without Notice.
Thursday, 28 November 2019 - Motion, Censure in Minister for Fire and Emergency Management

Subject of Debate

That Ms White have leave to make a Motion without Notice.

Original Motion

That this House -

  1. Notes the extraordinary statements made earlier this week from Tasmanian Fire Service insiders, that the state is not prepared for the coming bushfire season.

  2. Further notes these firefighters have raised concerns about the ability to staff incident management and strike teams and questions have been raised about the ability of the TFS to respond to major events.

  3. Further notes comments from these insiders from the TFS that 'it is luck that is getting us by and that we will fill holes with warm bodies'.

  4. Notes the concerns of TFS insiders have been matched by volunteer firefighters who are raising concerns about trucks that are broken, faulty equipment, lack of adequate resources, including essential item, like hoses and foam, and a general sense of concern about the lack of preparedness for catastrophic bushfires.

  5. Notes the need for an independent capability review of the Tasmanian Fire Service.

  6. Further notes the refusal of the minority Hodgman Liberal Government to commit a time line for the implementation of the recommendations from multiple fire review; and

  7. Censures Mark Shelton MP, the Minister for Police, Fire and Emergency Management for his failure to adequately resource the fire service and his dismissal of legitimate concerns that have been raised by those at the front line.


Other Passed

 

 

Other (Moved by Labor) - Suspension of standing orders to debate a Motion Without Notice.
Thursday, 28 November 2019 - Motion, Censure in Minister for Fire and Emergency Management

Subject of Debate

That so much of Standing Orders be suspended as would prevent a Motion of Censure in the Minister for Police, Fire and Emergency Management, of which notice has been given this day, from being brought on for debate forthwith.

Original Motion

That this House -

  1. Notes the extraordinary statements made earlier this week from Tasmanian Fire Service insiders, that the state is not prepared for the coming bushfire season.

  2. Further notes these firefighters have raised concerns about the ability to staff incident management and strike teams and questions have been raised about the ability of the TFS to respond to major events.

  3. Further notes comments from these insiders from the TFS that 'it is luck that is getting us by and that we will fill holes with warm bodies'.

  4. Notes the concerns of TFS insiders have been matched by volunteer firefighters who are raising concerns about trucks that are broken, faulty equipment, lack of adequate resources, including essential item, like hoses and foam, and a general sense of concern about the lack of preparedness for catastrophic bushfires.

  5. Notes the need for an independent capability review of the Tasmanian Fire Service.

  6. Further notes the refusal of the minority Hodgman Liberal Government to commit a time line for the implementation of the recommendations from multiple fire review; and

  7. Censures Mark Shelton MP, the Minister for Police, Fire and Emergency Management for his failure to adequately resource the fire service and his dismissal of legitimate concerns that have been raised by those at the front line.

Supported

Greens, Labor

Opposed

Liberals, Ogilvie

Other Negatived

 

 

Final Motion (Moved by Liberals) - Motion passed without division.
Tuesday, 17 March 2020 - Motion, Sessional Orders Amendment (COVID-19 Arrangements)

Final Motion

A Motion being made and the Question being proposed – That for the remainder of this Session:

(1) Sessional Order 18, paragraph (a) be amended by leaving out “be at Six o’clock p.m..” and insert instead “be no later than 5.25 p.m. on Tuesdays and Thursdays; and 2:30 p.m. on Wednesdays”. 

(2) Standing Order 119 be amended by leaving out “in the Member’s place”.

(3) Standing Order 76 be suspended.

Subject of Debate

18 Days and time of meeting.

Unless otherwise ordered:-

(a) The time for the ordinary meeting of the House shall be at Ten o'clock a.m. on Tuesdays, Wednesdays and Thursdays, and adjournment of the House shall be at Six o'clock p.m.

...

 

119 Members to address Speaker standing.

A Member desiring to speak shall rise in the Member’s place and shall address the Speaker, or may address the Speaker from a lectern in the case of...

 

76 Matters of Public Importance.

(1) After formal business has been dealt with, the Speaker shall call for a motion to note a matter of public importance, such matter having been submitted to the Speaker for perusal not later than 30 minutes before the House meets.

(2) One such matter per day may be raised and Members may speak for not more than seven minutes each and debate on each matter shall be restricted to a total of thirty-five minutes.

(3) At the commencement of each Parliament, priority shall be determined by the House as to the allocation of days between the Opposition and any other party or independent Member, to raise a matter of public importance.

(4) On Tuesdays and Wednesdays priority shall be given to the Opposition to raise a Matter of Public Importance and on Thursdays priority shall be given to Members other than the Opposition. Government Private Members shall only be given priority on every third sitting week.


Final Motion Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Wednesday, 18 March 2020 - Bill, Evidence Amendment Bill 2020


Third Reading Passed

 

 

Clause (Moved by Liberals) - Vote on clause 5 (move-on provisions).
Thursday, 19 March 2020 - Bill, Police Offences Amendment (Repeal of Begging) Bill 2019

Supported

Hickey, Labor, Liberals, Ogilvie

Opposed

Greens

Clause Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 19 March 2020 - Bill, Police Offences Amendment (Repeal of Begging) Bill 2019


Third Reading Passed

 

 

Second Reading (Moved by Liberals) - Bill passed House without Amendment.
Thursday, 19 March 2020 - Bill, Justice Legislation Amendments (Criminal Responsibility) Bill 2020

Supported

Hickey, Labor, Liberals

Opposed

Greens

Second Reading Passed

 

 

Upper House Amendments (Moved by Liberals) - Amendment changing "within 6 months" to "no later than 6 months" after a dutiable transaction, in relation to the amendment of a trust deed.
Thursday, 19 March 2020 - Bill, Duties Amendment Bill 2019

Amendment

Clause 11

Page 11, proposed new section 30HB, subsection (1), paragraph (d), subparagraph (i).

Leave out “within”.

Insert instead “no later than”.  

Amendment agreed to.  

Resolution to be reported.


Upper House Amendments Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 19 March 2020 - Bill, Criminal Code Amendment (Sexual Abuse Terminology) Bill 2020


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 24 March 2020 - Bill, Taxation and Related Legislation (Miscellaneous Amendments) Bill 2020


Third Reading Passed

 

 

Final Motion (Moved by Liberals) - Motion passed without division.
Tuesday, 24 March 2020 - Motion, Suspension of Standing Orders for COVID-19 Emergency Bills

Final Motion

That:

So much of Standing and Sessional Orders be suspended as would prevent:

(a) the Supply Bill (No. 1) (No. 11 of 2020); the Supply Bill (No. 2) (Bill No. 12 of 2020); the Appropriation (Supplementary Appropriation for 2019-20) Bill (No. 10 of 2020); the Taxation and Related Legislation (Miscellaneous Amendments) Bill (No. 13 of 2020); and the Brickmakers Point Landslip Bill (No. 15 of 2020) from being dealt with at this day’s sitting;

(b) that for this day’s sitting and Thursday, 26 March next, the House shall not stand adjourned at 5:25 p.m., and on Wednesday, 25 March next, the House shall not stand adjourned at 2:30 p.m. and may sit past such times; and

(c) that, unless otherwise ordered, at 6:00 o’clock p.m. today, the House shall stand suspended until 10:00 a.m., Wednesday, 25 March, and further, that at 6:00 o’clock p.m. tomorrow, the House shall stand suspended until 10:00 a.m., Thursday, 26 March.  (The Minister for Infrastructure and Transport) 


Final Motion Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 24 March 2020 - Bill, Supply Bill (No. 2) 2020


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 24 March 2020 - Bill, Supply Bill (No. 1) 2020


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Tuesday, 24 March 2020 - Bill, Appropriation (Supplementary Appropriation for 2019-20) Bill 2020


Third Reading Passed

 

 

Amendment (Moved by Greens) - Amendment to allow the Premier to freeze evictions and rent increases for residential tenancy leases.
Wednesday, 25 March 2020 - Bill, Covid-19 Disease Emergency (Miscellaneous Provisions) Bill 2020

Amendment

In subclause (2) -

omit 'other than a lease to which the Residential Tenancy Act 1997 applies, '


Amendment Passed

 

 

Third Reading (Moved by Liberals) - Bill as amended passed House without division.
Wednesday, 25 March 2020 - Bill, Covid-19 Disease Emergency (Miscellaneous Provisions) Bill 2020


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Wednesday, 25 March 2020 - Bill, Brickmakers Point Landslip Bill 2020


Third Reading Passed

 

 

Amendment (Moved by Labor) - Amendment to make the House return on Wednesday, not Thursday.
Thursday, 30 April 2020 - Motion, Motion without Notice - Thursday 7 May Sitting

Amendment

An Amendment was proposed by Mr O’Byrne to leave out “Thursday, 7” and insert instead “Wednesday, 6”.

Original Motion

A Motion being made and the Question being proposed -  That the House, at its rising, adjourn till Thursday, 7 May next.

Supported

Greens, Labor

Opposed

Liberals, Ogilvie

Amendment Negatived

 

 

Final Motion (Moved by Liberals) - Motion passed without division or amendment.
Thursday, 30 April 2020 - Motion, Motion without Notice - Thursday 7 May Sitting

Final Motion

A Motion being made and the Question being proposed -  That the House, at its rising, adjourn till Thursday, 7 May next.


Final Motion Passed

 

 

Amendment (Moved by Greens) - Amendment to reallocate questions during question time from Government backbench members to other members.
Thursday, 30 April 2020 - Motion, Motion Without Notice - COVID-19 Sessional Orders Amendment

Amendment

An Amendment was proposed by Dr Woodruff  by inserting the following paragraph after paragraph (b):

“(c)        Sessional Order 48A be suspended and the following Sessional Order be inserted instead:

48A Minimum number of Questions

Notwithstanding the provisions of Standing Order 47, the Speaker shall ensure that a minimum of questions without notice to be asked shall be nine by the Opposition, three by Members of the Greens and two by the Independent Member for Clark if such Member seeks the call.

Original Motion

SESSIONAL ORDERS. – A Motion being made and the Question being proposed, That, for the remainder of this Session:

(a) Standing Order 18, paragraphs (d) and (e) be suspended and the following paragraph be inserted instead:-

“(d)        When the House adjourns in accordance with paragraph (b) of this Standing Order or the adjournment is moved in accordance with paragraph (c) of this Standing Order:-

(i) the Speaker shall call speakers on the COVID-19 Emergency Matter of Public Importance. Members may speak to such matter for seven minutes each and the debate shall not exceed thirty-five minutes; and

(ii) following the conclusion of any debate under sub-paragraph (i), the Speaker shall then call for adjournment speakers, when any Member may speak to any matter for seven minutes. After these issues have been debated for a maximum period of one hour, the House shall stand adjourned, without Question being put, until the next sitting day.

(b) Sessional Order 18A be amended, by taking out “Six o’clock” and insert “the time prescribed for the adjournment in Standing Order 18(a)”.  (The Minister for Infrastructure and Transport)

Supported

Greens, Labor

Opposed

Liberals, Ogilvie

Amendment Negatived

 

 

Final Motion (Moved by Liberals) - Motion passed without division or amendment.
Thursday, 30 April 2020 - Motion, Motion Without Notice - COVID-19 Sessional Orders Amendment

Final Motion

SESSIONAL ORDERS. – A Motion being made and the Question being proposed, That, for the remainder of this Session:

(a) Standing Order 18, paragraphs (d) and (e) be suspended and the following paragraph be inserted instead:-

“(d)        When the House adjourns in accordance with paragraph (b) of this Standing Order or the adjournment is moved in accordance with paragraph (c) of this Standing Order:-

(i) the Speaker shall call speakers on the COVID-19 Emergency Matter of Public Importance. Members may speak to such matter for seven minutes each and the debate shall not exceed thirty-five minutes; and

(ii) following the conclusion of any debate under sub-paragraph (i), the Speaker shall then call for adjournment speakers, when any Member may speak to any matter for seven minutes. After these issues have been debated for a maximum period of one hour, the House shall stand adjourned, without Question being put, until the next sitting day.

(b) Sessional Order 18A be amended, by taking out “Six o’clock” and insert “the time prescribed for the adjournment in Standing Order 18(a)”.  (The Minister for Infrastructure and Transport)


Final Motion Passed

 

 

Other (Moved by Greens) - A motion to allow the committee to consider amendments relating to the Subordinate Legislation Committee.
Thursday, 30 April 2020 - Bill, COVID-19 Disease Emergency (Miscellaneous Provisions) Bill (No. 2) 2020

Subject of Debate

A Motion being made and the Question being proposed - That pursuant to Standing Order 279, the Committee of the whole House be instructed to consider provision for amendments to the COVID-19 Disease Emergency (Miscellaneous Provisions) Bill (No. 2) 2020 in relation to the Subordinate Legislation Committee (Ms O’Connor).

Supported

Greens, Labor, Ogilvie

Opposed

Liberals

Other Negatived

 

 

Other (Moved by Liberals) - A motion to declare the Bill urgent and require a vote on the bill by 6:30 pm.
Thursday, 30 April 2020 - Bill, COVID-19 Disease Emergency (Miscellaneous Provisions) Bill (No. 2) 2020

Subject of Debate

BILL NO. 17. - DECLARED URGENT. – The Minister for Justice declared the COVID-19 Disease Emergency (Miscellaneous Provisions) Bill (No. 2) 2020 to be an Urgent Bill.

ALLOTMENT OF TIME. A Motion being made and the Question being proposed – That all remaining stages of the Bill be completed by half-past Six o’clock p.m. today.


Other Passed

 

 

Amendment (Moved by Liberals) - Amendment aligning the emergency cessation day with the day in the first COVID-19 Disease Emergency (Miscellaneous Provisions) Bill 2020.
Thursday, 30 April 2020 - Bill, COVID-19 Disease Emergency (Miscellaneous Provisions) Bill (No. 2) 2020

Amendment

Amendment made (The Minister for Justice) in the definition of “emergency cessation day”. 

Leave out the definition

Insert instead the following definition:

“emergency cessation day” has the same meaning as in the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020;


Amendment Passed

 

 

Amendment (Moved by Greens) - The first of a number of intended amendments to provide for Parliamentary oversight for contracts entered into under the new powers exceeding one year in length or $20 million in value.
Thursday, 30 April 2020 - Bill, COVID-19 Disease Emergency (Miscellaneous Provisions) Bill (No. 2) 2020

Amendment

Amendment proposed (Ms O’Connor) by inserting in subsection (1) before the definition of the Act the following definition –

Committee has the same meaning as in the Public Accounts Committee Act 1970;

Supported

Greens, Labor

Opposed

Liberals, Ogilvie

Amendment Negatived

 

 

Amendment (Moved by Greens) - Amendment to cause the new powers for police to issue infringement notices to expire on the emergency cessation day.
Thursday, 30 April 2020 - Bill, COVID-19 Disease Emergency (Miscellaneous Provisions) Bill (No. 2) 2020

Amendment

Amendment proposed (Ms O’Connor)

(a) by inserting in subsection (1), before the definition of infringement offence, the following definition:

emergency cessation day has the same meaning as in the COVID-19 Disease Emergency (Miscellaneous Provisions) Bill 2020;

(b) by inserting the following subsection after subsection (6)

(7) This section is repealed on the emergency cessation day.


Amendment Negatived

 

 

Other (Moved by Greens) - An amendment to cause the regulation making powers to expire on the emergency cessation day, and for regulations made to be rescinded on the emergency cessation day.
Thursday, 30 April 2020 - Bill, COVID-19 Disease Emergency (Miscellaneous Provisions) Bill (No. 2) 2020

Amendment

Amendment proposed (Ms O’Connor) by inserting the following subsection after subsection (9)

(10) This section is repealed on the emergency cessation day, and any regulations made under this Act are rescinded on the emergency cessation day.

Supported

Greens, Labor

Opposed

Liberals, Ogilvie

Other Negatived

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Thursday, 30 April 2020 - Bill, COVID-19 Disease Emergency (Miscellaneous Provisions) Bill (No. 2) 2020


Third Reading Passed

 

 

Third Reading (Moved by Liberals) - Bill passed House without division.
Wednesday, 6 May 2020 - Bill, COVID-19 Disease Emergency (Commercial Leases) Bill 2020


Third Reading Passed

 

 

Amendment (Moved by Labor) - Amendment to set 20 May as the next sitting day for the House.
Thursday, 7 May 2020 - Motion, Motion in relation to 3 June 2020 sitting

Amendment

An Amendment was proposed by Ms White to leave out “Wednesday, 3 June” and insert instead “Wednesday, 20 May”.

Original Motion

That -

(1) For this day’s sitting, the House shall not stand adjourned at 5:25 p.m., and may sit past such time.

(2) That the House, at its rising, adjourn till Wednesday, 3 June next at 10 o’clock a.m.

Supported

Greens, Labor

Opposed

Liberals, Ogilvie

Amendment Negatived

 

 

Final Motion (Moved by Liberals) - Motion passed without amendment or division.
Thursday, 7 May 2020 - Motion, Motion in relation to 3 June 2020 sitting

Final Motion

That -

(1) For this day’s sitting, the House shall not stand adjourned at 5:25 p.m., and may sit past such time.

(2) That the House, at its rising, adjourn till Wednesday, 3 June next at 10 o’clock a.m.


Final Motion Passed

 

 

Upper House Amendments (Moved by Liberals) - Legislative Council amendments to clause 32 (regulations).
Thursday, 7 May 2020 - Bill, COVID-19 Disease Emergency (Commercial Leases) Bill 2020

Amendment

Clause 32

First amendment

Page 42, subclause (7).

Leave out “4 or”.

Second amendment

Same page, same subclause.

Leave out “, for compliance with guidelines, or”.


Upper House Amendments Passed