In the House – Tuesday 5 June 2018

DISPUTED CLAIM OF PRIVILEGE—SYDNEY STADIUMS—PRIVILEGED DOCUMENTS

In April Mr Searle disputed the claim of privilege made on certain documents returned to the order for papers regarding Sydney Stadiums. The documents were then released to the Independent Legal Arbiter, the Hon Keith Mason for review and report. In his report, Mr Mason did not uphold the claim of privilege made on certain documents and provided advice concerning the publication, in redacted form, of other documents. His report also noted that in relation to some documents the claim of privilege was no longer pressed.

On Tuesday, the House resolved to table and make public certain privileged documents, either in full or following redaction by the relevant agencies, as recommended in the report of the Independent Legal Arbiter. Later that day, the Clerk tabled certain documents which are now publicly available, as well as correspondence relating to the implementation of the recommendations of Mr Mason. According to the resolution of the House, the remaining redacted documents are required to be provided by Tuesday 19 June 2018.

 

THE GOVERNMENT’S RESPONSE TO ORDERS OF THE HOUSE AND CENSURE OF THE LEADER OF THE GOVERNMENT (MR SEARLE, ALP)

The extent of the powers of the House to compel the production of documents has been the subject of ongoing debate in the House in 2018, as discussed in previous editions of the House in Review.

The motion of Mr Searle considered by the House on Tuesday noted that the Government had failed to comply with orders for papers regarding Sydney Stadiums, the Powerhouse Museum relocation business case and the Tune report on the out-of-home-care system and censured the Leader of the Government in the Legislative Council for the Government’s non-compliance. The motion then further ordered that documents previously ordered to be produced be tabled by 9.30 am on Wednesday 6 June. Additionally, the motion ordered that should the documents not be tabled by 9.30 am, the Leader of the Government attend in his place at the Table of the House at the conclusion of prayers to explain the reasons for continued non-compliance.

Members of the Opposition, Government, The Greens, Shooters, Fishers and Farmers Party and Christian Democratic Party spoke to the motion which was given precedence over all other business, except Questions, until concluded. During the debate members reflected on the judgments in the Egan cases, in particular Egan v Chadwick ((1999) 46 NSWLR 563) concerning cabinet documents, the reports of the Privileges Committee concerning the Mt Penny order for papers, and the role of both the Legislative Council and the Executive in ensuring the good governance of the State. See Hansard both before and after Questions for details of the debate. The motion was agreed to by the House on division (21:20) with the Opposition, The Greens, Shooters, Fishers and Farmers Party, Animal Justice Party and Mr Mason-Cox voting for the motion, and the Government and the Christian Democratic Party voting against.

Read tomorrow’s House in Review for an update on proceedings.

 

Statute Law (Miscellaneous Provisions) Bill 2018

House of origin: Legislative Council

The bill continues the statute law revision program, which has been in place for more than 30 years. Bills of this kind have featured in most sessions of Parliament since 1984, and generally contain policy changes of a minor and non-controversial nature that are too inconsequential to warrant the introduction of a separate amending bill. On this occasion, the bill contains amendments to 20 Acts and related amendments to four instruments including amendments to the Road Transport Act 2013, the Crown Land Management Act 2016 and the Home Building Regulation 2014.

Debate on the second reading of the bill resumed in the evening on Tuesday (see Hansard for a transcript of the debate). At the conclusion of the debate, the second reading was agreed to on the voices.

In the committee stage, The Greens sought to amend the Local Government Act in relation to the circumstances when a council could decide to use a countback instead of a by-election to fill a casual vacancy in the office of a councillor. While gaining the support of the Opposition and the Animal Justice Party, the amendment was defeated on division (18:23) with the Government and the Christian Democratic Party voting against the amendment.

The third reading of the bill was agreed to and the bill was forwarded to the Assembly for concurrence.

 

Miscellaneous Acts Amendment (Marriages) Bill 2018 

House of origin: Legislative Council

The bill seeks to update the definitions for a range of terms relating to marriage and parentage contained in a number of New South Wales Acts and instruments following the commencement of the Commonwealth’s Marriage Amendment (Definition and Religious Freedoms) Act 2017. The bill also contains provisions relating to the ability of married persons to register a change of sex on the Births, Deaths and Marriages Register and to set out the effect of the Commonwealth legislation on certain enduring guardianship appointments and registered relationships.

Introduction of the bill and the minister’s second reading speech occurred in the previous sitting week. Debate on the second reading of the bill resumed late in the evening on Tuesday (see Hansard for a transcript of the debate). Members of the Government, Opposition and the cross-bench, with the exception of the Christian Democratic Party, who spoke in debate supported the bill.

The Christian Democratic Party opposed the bill and called for a division on both the second and third readings of the bill. Nevertheless, the second and third readings were agreed to on division (34:2) and the bill was forwarded to the Assembly for concurrence.

 

Companion Animals and Other Legislation Amendment Bill 2018 

House of Origin: Legislative Council

The bill amends the Companion Animals Act 1998 and other legislation to make further provisions about the welfare of animal and the duties and responsibilities of their owners, including by implementing the Government’s response to the 2015 Report of the Joint Select Committee Inquiry in Companion Animal Breeding Practices in New South Wales.

In the previous sitting week the bill was introduced and the minister gave his second reading speech, following which debate was adjourned. Debate on the second reading of the bill resumed late on Tuesday night (see Hansard for a transcript of the debate). During the debate, The Greens foreshadowed they would seek to amend the bill to remove the current requirements regarding the muzzling of greyhounds. The second reading was agreed to.

In the committee stage, The Greens amendments were supported by the Opposition and the Animal Justice Party but opposed by the Government and the Christian Democratic Party, and were defeated on division (18:21).

The third reading of the bill was agreed to and the bill was forwarded to the Assembly for concurrence.

 

Adjournment debate

The following members spoke to the adjournment debate:

• Mr Farlow – Ryde Council Development
• Mrs Houssos – Australia-Greece Military Collaboration/Foodbank Australia
• Mr Buckingham – Climate Change
• Mrs Taylor – Procan Cancer Treatment
• Mr Primrose – Local Government Funding
• Dr Faruqi– World Environment Day.

See Hansard for details of the debate.