Inquiry into Budget Estimates 2018-2019

The House agreed to the timetable for this year’s Budget Estimates inquiry by the six portfolio committees. The initial hearings will be held over seven days from Thursday 30 August to Friday 7 September 2018. The week of Monday 8 to Friday 12 October 2018 is set aside for supplementary hearings. The timetable will be available shortly on the Budget Estimates website.

Orders for papers–2018-2019 Budget Finances and 2018-2019 Budget

The House agreed to two orders for papers relating to the New South Wales 2018-2019 budget, relating to 2018-2019 Budget Finances and 2018-2019 Budget. The House has made similar orders each year since 2004 following the tabling of the Budget Papers. This year both orders call on the Premier, the Treasurer, the Minister for Finance, Services and Property, NSW Treasury, the Department of Finance, Services and Innovation or the Department of Premier and Cabinet to produce documents relating to this year’s budget.

2018-2019 Budget Finances calls for documents which detail recurrent and capital expenses at an agency level, documents relating to the forward estimates, certain strategies and plans, and which detail assumptions, risks and contingent liabilities underpinning or impacting the budget estimates, Other documents relating to future financial positions, actual budget performance and revenue estimates are also called for under the order for papers.

2018-2019 Budget calls for documents relating to budget briefings provided to agencies or members of Parliament, as well as certain electorate and regional reports of the NSW Treasury.

Forestry Legislation Amendment Bill 2018

House of Origin: Legislative Assembly

The bill transfers responsibility for the regulation of private native forestry to Local Land Services, with the Environment Protection Authority maintaining its enforcement role. The bill also updates the regulatory framework for, and the enforcement role of the Environment Protection Authority with respect to, public native forestry.

The bill was received from the Legislative Assembly and read a first time during the previous sitting week. The second reading debate on the bill commenced at 6.00 pm on Wednesday 20 June (see Hansard for a transcript of the debate). Consideration of the bill in the committee stage commenced just after midnight and concluded at 2.30 am Thursday morning. The Greens, the Opposition and the Shooters, Fishers and Farmers Party and the Government circulated amendments to the bill. The Shooters, Fishers and Farmers advised that after considering the amendments circulated by the Government, and the assurances given by the Government during the second reading, that they would not be pressing their amendments during the committee stage.

Between them the Opposition and The Greens moved 28 amendments to the bill primarily relating to the objects of the bill, consultation and information requirements and bee-keeping in private and public native forests, with the Opposition supporting some but not all of The Greens amendments. Ultimately, none of the amendments were agreed to as they were consistently opposed by the Government, Christian Democratic Party and the Shooters, Fishers and Farmers.

The Government moved two amendments to the bill, relating to the objects of private native forestry and the preparation and making of private native forestry codes of practice, both of which were agreed to on the voices.

The third reading of the bill was agreed to on division (20:16), and the bill was forwarded to the Legislative Assembly for concurrence.

Criminal Legislation Amendment (Child Sexual Abuse) Bill 2018

House of origin: Legislative Assembly

The bill seeks to create offences for failing to reduce or remove the risk of child abuse or failing to report a child abuse offence, increases penalties, and replaces or introduces certain other offences relating to child sexual abuse. The bill also amends certain rules for prosecutions, defines the role of the Director of Public Prosecutions regarding prosecutions relating to child abuse material, and includes provisions regarding retrospectivity and other aspects of prosecutions for historical child abuse offences.

The House received the bill from the Assembly on Wednesday, and the bill was read a first time and declared urgent. Debate on the second reading commenced immediately. See Hansard to follow the debate.

In the committee stage two amendments were moved by The Greens which sought to extend provisions regarding concealing a child abuse offence to a member of the clergy. The amendments were negatived on division (6:31), with The Greens and Animal Justice Party voting for the amendments and the Government, Opposition and Christian Democratic Party voting against the amendments.

The third reading of the bill was agreed to. The bill was returned to the Legislative Assembly without amendment.

Crimes Amendment (Publicly Threatening and Inciting Violence) Bill 2018

House of Origin: Legislative Assembly

The bill inserts proposed section 93Z into the Crimes Act 1900 to prohibit a person from intentionally or recklessly, by a public act, threatening or inciting violence towards another person or group of persons on the grounds of race, religion, sexual orientation, gender identity or intersex or HIV/AIDS status.

The bill provides that a public act includes any form of communication to the public, including speaking, broadcasting and communicating through social media and other electronic methods, and any act observable by the public, including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia.

As a consequence of the creation of the new offence in the Crimes Act, the bill also removes the offences of serious racial, transgender, homosexual and HIV/AIDS vilification from the Anti-Discrimination Act 1977.

The bill was received from the Legislative Assembly on Wednesday morning and declared urgent to ensure that it could be considered and passed by the House prior to the winter recess. Debate on the second reading commenced at around 4.30 pm (see Hansard for a transcript of the debate). All members who spoke in the debate supported the bill.

The second and third readings of the bill were agreed to and the bill was returned to the Legislative Assembly.

Victims Rights and Support Amendment (Statutory Review) Bill 2018

House of origin: Legislative Assembly

The bill seeks to amend the rules for evidence and court proceedings relating to applications for victims support, extend the eligibility for recognition payments to persons not financially dependent on the victim, vary the provisions for counselling services, increase the funeral expense assistance limit and make other minor and consequential amendments.

The House received the bill from the Assembly on Tuesday 21 June, and the bill was read a first time and declared urgent. Debate on the second reading commenced on Wednesday morning and continued later that day both before and after Questions. The second reading was agreed to.

In the committee stage two amendments were moved by The Greens which sought to increase the amount of recognition payments. The amendments were negatived on division (17:20), with The Greens, Opposition and the Animal Justice Party voting for the amendments and the Government and Christian Democratic Party voting against the amendments.

The third reading of the bill was agreed to. The bill was returned to the Legislative Assembly without amendment.

Justice Legislation Amendment Bill (No 2) 2018

House of origin: Legislative Council

The bill amends various acts and regulations relating to courts and crimes and other related matters. The amendments aim to improve criminal investigation and enforcement, improve court processes in criminal proceedings, support victims of crime, improve civil procedure, and support the management of offenders and young people in custody and following their release. The bill also introduces amendments to protect the community from offenders who have reached the end of their prison sentence and pose an unacceptable risk of committing a future serious terrorism offence.

On 6 June 2018 the bill was passed by the Legislative Council and forwarded to the Legislative Assembly for concurrence. On 19 June 2018 the Legislative Assembly returned the bill to the Council with two amendments relating to the Terrorism (High Risk Offenders) Act 2017. On Wednesday the Legislative Council considered the Assembly’s amendments in committee of the whole. During the debate in committee the Parliamentary Secretary advised that the amendments had been moved by the Government in the Assembly to address an issue which had been brought before the Attorney General the previous week as a result of an application before the Supreme Court. Following a brief debate the amendments were agreed to on the voices.

Water Management Amendment Bill 2018

House of origin: Legislative Council

The bill amends the Water Management Act 2000 with respect to management plans, approvals and access licences, Murray-Darling Basin water resources, metering equipment, enforcement and liability, the provision of information and management of environmental water, and other purposes. In his second reading speech, the Minister indicated that the bill implements aspects of the Water Reform Action Plan, which he announced in December 2017 as a blueprint to reform water management in New South Wales.

On Tuesday, the second reading of the bill was agreed to on division, the bill was considered in committee of the whole and a number of amendments were agreed to. On Wednesday, the third reading of the bill was agreed to on division (21:17), with the Government, Christian Democratic Party and the Shooters Fishers and Farmers Party voting for the bill, and the Opposition, The Greens and the Animal Justice Party voting against. The bill was then forwarded to the Legislative Assembly for concurrence.

Adjournment debate

The following members spoke to the adjournment debate:

    • Mr Wong – State Budget
    • Mr Borsak – Greyhound Racing Industry
    • Mr Amato – North Korea Human Rights Violations
    • Mr Donnelly – University of Sydney
    • Mr Brown – Renewable Energy
    • Mrs Taylor – Tresillian.

See Hansard for details of the debate.