The Legislative Council saw three bills pass the House on Thursday related to employment of senior staff in local councils, the functions of the Ombudsman and extended trading hours for food and drink venues. As well as legislation, the House debated one disallowance motion and heard a personal explanation from a member of the Government. Read on for more…

DISALLOWANCE MOTION RELATING TO STATUTORY RULE – EDUCATION AMENDMENT (NON-GOVERNMENT SCHOOL) ASSET AND INCOME REGULATION 2024

On Thursday morning, the Council debated a motion moved by the Hon Sarah Mitchell (Nationals) to disallow schedule 1 in relation to section 10B (1) (b) of the Education Amendment (Non-Government School) Assets and Income Regulation 2024. Under this provision, non‑government schools that own and operate education and care services (e.g. after school care, long day care, preschool programs) cannot operate for a profit. It sets out that the non-government schools that offer these services must provide them to children who attend, or are likely to attend the school or to children who meet criteria specified in guidelines approved by the Minister.

During the debate, contributions were made by members of the Government, The Greens, and the Opposition. Read all member contributions in the Hansard record.

The disallowance motion was negatived on division (Ayes: 16/Noes: 22). Voting in the negative were members of the Government, The Greens and the Shooters, Fishers, and Farmers Party.

PASSED: LOCAL GOVERNMENT AMENDMENT (EMPLOYMENT ARRANGEMENTS) BILL 2024

The Local Government Amendment (Employment Arrangements) Bill 2024 passed the Council on Thursday, having passed the Legislative Assembly earlier in the week. This bill amends the Local Government Act 1993 regarding the employment of council staff. The bill removes the ability for local councils to employ senior staff on ‘standard contracts’ and instead determines that their employment is governed by an industrial award or agreement. The bill also removes the ability for councils to determine which positions in their organisation are ‘senior staff’ positions and provides senior staff with an avenue to challenge a dismissal through the unfair dismissal provisions of the Industrial Relations Act 1996.

In her second reading speech, the Hon Tara Moriarty (Labor) explained that the bill seeks to enact changes to the Act as identified in a March 2021 ICAC report into the conduct of councillors of the former Canterbury City Council. This report highlighted a potential corruption risk with the current arrangement of senior council staff being employed under standard contracts of between one- and five-years duration. These contracts contain a “no reason” termination clause and therefore job insecurity which ICAC determined leaves these staff exposed to improper influence and a potential risk of corruption. The bill proposes changes to the Act to rectify this, as supported by the parties to the Local Government (State) Award: Local Government NSW, the United Services Union, the Local Government Engineers’ Association, and the Development and Environmental Professionals’ Association. Read more about the bill in Ms Moriarty’s second reading speech.

Contributions to the second reading debate were made by members of the Opposition, the Government, and The Greens. Read all member contributions in the Hansard record.

Both the second and third readings of the bill were agreed to on the voices, with the bill then returned to the Assembly, ready to be forwarded to the Governor for assent.

PASSED: OMBUDSMAN AND OTHER LEGISLATION AMENDMENT BILL 2024

Also passing the Legislative Council on Thursday was the Ombudsman and Other Legislation Amendment Bill 2024. This bill will make miscellaneous amendments to the Ombudsman Act 1974 and the Community Services (Complaints, Reviews and Monitoring) Act 1993, and would also repeal the Ombudsman Regulation 2016. Read more about the bill in our blog from when the bill was introduced.

Contributions to the second reading debate were made by members of the Opposition, The Greens and the Government. Read all member contributions in full in the Hansard record.

When the House resolved into committee of the whole three amendments were moved by the Hon Susan Carter (Liberal) on behalf of the Opposition…

  • One amendment sought to remove the suggested changes to the definition of “Aboriginal program”, particularly around the Opportunity, Choice, Healing, Responsibility and Empowerment (OCHRE) program. The amendment would emphasise the OCHRE program as a priority program as defined in the Act. This amendment was agreed to on division (Ayes: 20/Noes: 16)
  • One amendment sought to change the language around the role of the Ombudsman in providing oversight of the OCHRE program, emphasising this role. This amendment was amended by Ms Cate Faehrmann (The Greens), changing the wording from “must monitor and assess” to “is to monitor and assess”. This amendment, as amended, was agreed to on the voices.
  • One further amendment sought to retain section 31Z in the legislation. This amendment was agreed to on the voices.

The full committee of the whole proceedings can be read here.

The bill’s third reading was agreed to on the voices and it was returned to the Legislative Assembly, for consideration of the changes.

PASSED: ENVIRONMENTAL PLANNING AND ASSESSMENT AMENDMENT (VIBRANCY REFORMS) BILL 2024

Also passing the Legislative Council on Thursday was the Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024. This bill passed the Legislative Assembly on a previous sitting day and will amend the Environmental Planning and Assessment Act 1979 to provide for the issuing of vibrancy guidelines, including extended trading hours for food and drink premises.

This bill sets out that the Secretary of the Department of Planning and Environment may issue “vibrancy guidelines”, after consultation with the 24-Hour Economy Commissioner under the 24-Hour Economy Commissioner Act 2023. These guidelines are to be considered when applications for extended hours of operation applications are reviewed. They would work to enable venues to operate in a way that achieves their full social, business and cultural potential as part of the night-time economy.

In his second reading speech, the Hon John Graham (Labor), in his capacity as Minister for the Arts, explained that the bill seeks to ensure that “vibrancy” is considered as an integral part of the merit assessment process for applications to extend trading hours. He explained that the vibrancy guidelines would recognise the benefits that hospitality and entertainment businesses provide to our communities including economic, community and cultural. They would also recognise the need to adopt a “common sense” approach when making decisions around trading hours of these venues. Read more about the bill in Mr Graham’s second reading speech.

Contributions to the second reading debate were made by members of The Greens, the Opposition, the Legalise Cannabis Party, and Independent member the Hon Mark Latham. Read all member contributions in the Hansard record.  

When the House resolved into committee of the whole…

  • Four amendments were moved by the Hon Natalie Ward on behalf of the Opposition which sought to see that vibrancy guidelines are prepared by the Minister instead of the Secretary and that these guidelines are adopted by regulation. These amendments were negatived on division (Ayes: 17/Noes: 20)
  • One amendment was moved by Ms Sue Higginson on behalf of The Greens which sought to exclude consideration of the vibrancy guidelines for the purposes of the public interest consideration under the planning law when determining a development application. This amendment was negatived on the voices.  
  • One amendment was moved by the Hon John Ruddick on behalf of the Libertarian Party which sought to give the Minister the power to overturn the decision of a local council with regards to an application for extended trading hours. This amendment was negatived on the voices.

Read the full committee of the whole proceedings in the Hansard record.

With no amendments made, the bill’s third reading was agreed to on the voices and it was returned to the Legislative Assembly, ready for the Governor’s assent.

PERSONAL EXPLANATION

Late in the sitting day, the Hon Anthony D’Adam (Labor) made a personal explanation in the chamber relating to his status as Parliamentary Secretary for Customer Service and Digital Government, Parliamentary Secretary for Emergency Services, and Parliamentary Secretary for Youth Justice. Mr D’Adam explained that the Premier has removed him from these roles effective immediately. Read Mr D’Adam’s statement in the Hansard record.

GENERAL MOTIONS

The following motions were agreed to without debate, during formal business:

IN COMMITTEES

A new inquiry for the House’s Standing Committee on State Development was reported on Thursday by committee chair the Hon Emily Suvaal (Labor). The inquiry will examine beneficial and productive post-mining land use. Find details in the Hansard record and read more about the inquiry on the inquiry webpage.

Also on Thursday, the following committee reports and government responses to committee reports were tabled:

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