On a day that finished earlier than anticipated the House still managed to finalise consideration of four Government bills, of which one was amended in committee, plus introduce ten new Government bills.
Planning Legislation Amendment (Greater Sydney Commission) Bill 2018
House of Origin: Legislative Council
The bill amends the Environmental Planning and Assessment Act 1979 and the Greater Sydney Commission Act 2015 to clarify the powers and functions of the Greater Sydney Commission and the Natural Resources Commission. It also seeks to improve the operations of the Independent Planning Commission via more efficient consultation and reporting processes between the Minister for Planning and the commissions.
Debate on the second reading resumed from the previous week (see Hansard for a transcript of the debate). The second reading was agreed to.
In committee the Opposition moved two amendments concerning the objects of the Natural Resources Commission Act and the Commission’s functions. The first amendment sought to restore the current objects of the Act, which includes establishing a sound scientific basis for the management of natural resources. The second amendment sought to ensure that the Commission examines the effectiveness of the implementation of plans as part of its audits. The amendments were supported by The Greens, but opposed by the Government. The first amendment was negatived on division (15:18) with the Christian Democratic Party voting with the Government, and the second amendment was defeated on the voices.
The bill was then reported to the House without amendment, read a third time and forwarded to the Assembly for consideration.
Conveyancing Legislation Amendment Bill 2018
House of Origin: Legislative Council
The bill amends the Conveyancing Act 1919 and the Real Property Act 1900 in respect to off-the-plan residential property contracts and electronic land transactions. The key reforms include introducing a disclosure regime to require a minimum level of information to be given to a purchaser before the contract is signed, requiring a vendor to issue a notice of changes at least 21 days before completion, allowing a purchaser to rescind the contract if there are negative consequential changes, and extending the cooling-off period from five business days to ten days. The bill also seeks to remove barriers to electronic land transactions by expressly permitting the electronic signing and witnessing of deeds.
Debate on the bill continued on Wednesday, with the Opposition and The Greens indicating that they would not oppose the bill, and the Christian Democratic Party advising that they would support the bill (see Hansard for a transcript). The second reading and third reading passed on the voices, and the bill was forwarded to the Legislative Assembly for its concurrence.
Building and Development Certifiers Bill 2018
House of Origin: Legislative Assembly
The bill was introduced in response to the independent review of the Building Professionals Act 2005 and seeks to improve the regulation of certifiers through delivery of an enhanced building regulation and certification system. The bill also seeks to improve consumer confidence in the certification system by strengthening the regulator’s powers to oversee the conduct of certifiers.
The bill was reported to the House on Tuesday, and the second reading debate commenced on Wednesday (See Hansard for a transcript of the debate). After contributions from five members, the second reading was agreed to.
In the committee stage the Greens moved amendments that sought to increase the requirements relating to the appointment of principal certifiers, prescribe the maximum fees that may be charged by certifiers, and specify the circumstances in which certifiers can be allocated, appointed or terminated, and how an appointment may be refused due to conflict of interest.
The amendments were supported by the Government and the Opposition, and were agreed to. The bill was reported with amendments, read a third time and returned to the Legislative Assembly.
Government Telecommunications Bill 2018
House of Origin: Legislative Assembly
The Government Telecommunications Act 1991 establishes the NSW Telco Authority and the Government Radio Network (GRN) to manage and deliver government operational communications. In the past 20 years, government agencies have built and operated separate radio networks in addition to the GRN. A 2017 statutory review revealed that the Act no longer reflects the environment it operates in and is unable to provide a legislative framework to support delivery of the Government’s Critical Communications Enhancement Program (CCEP).
The bill therefore repeals the Act. It provides new terms and definitions to more accurately reflect the roles and functions of the Authority, requires all agencies to only use the government telecommunication network for operational communications, facilitates the integration and consolidation of a single government radio networks, and clarifies the leasing arrangements for new and existing radio sites.
The bill was received from the Assembly for concurrence on Wednesday and passed all stages without amendment including a very brief second reading debate (See Hansard for a transcript of the debate).
Snowy Hydro Corporatisation Amendment (Snowy 2.0) Bill 2018
House of Origin: Legislative Council
The bill amends the Snowy Hydro Corporatisation Act 1997 to enable Snowy 2.0, a proposed expansion of The Snowy Mountains Hydro-electric Scheme, to receive the necessary leases and other approvals under the National Parks and Wildlife Act 1979.
Minister Harwin introduced the bill and gave his second reading speech. In that speech, the Minister said that while Snowy 2.0 was declared “critical significant State infrastructure”; it also requires and is still awaiting approval under the Environmental Planning and Assessment Act 1979. The Minister further advised that given the parliamentary term is nearly at an end, the bill was being introduced ahead of the approval to ensure the project can proceed without further delay (See Hansard for a transcript of the Minister’s speech).
The bill was adjourned for five calendar days.
Health Legislation Amendment Bill (No 3) 2018
House of Origin: Legislative Council
The bill amends six health related Acts for various purposes in line with the Government’s regular review of health legislation. In particular the bill amends the Assisted Reproductive Technology Act 2007 to better ensure details about births using donated gametes (sperm and ova) are collected and provided to the central register (read this Sydney Morning Herald article for further information about this issue).
The bill also amends the Mental Health Commission Act 2012 following a review of that Act by Dr David Chaplow. The review made a number of recommendations, included in the bill, for the Act to provide greater focus and clarity to the work of the commission and to strengthen its impact.
The Parliamentary Secretary (Mrs Taylor) introduced the bill and gave the second reading speech on behalf of Minister Blair (see Hansard for a transcript of the Parliamentary Secretary’s speech). The bill was then adjourned for five calendar days.
Saint Paul’s College Bill 2018
House of Origin: Legislative Council
The bill seeks to modernise the governance arrangements for the residential college at the University of Sydney by clearly defining the function of the college and the duties of the College council members. The bill reduces the number of members on the council from nineteen to thirteen and requires that two members be appointed based on relevant expertise and experience, one of these being an academic. The remaining members of the council are elected by former residents of the College. The bill also provides for the appointment of any member of the clergy irrespective of gender.
The bill was introduced by Minister Mitchell in the House on Wednesday afternoon (see Hansard for a transcript of the Minister’s speech at the conclusion of the Minister’s speech, debate was adjourned for five calendar days.
Public Works and Procurement Amendment (Enforcement) Bill 2018
House of Origin: Legislative Council
As a consequence of Australia signing the Trans Pacific Partnership in March 2018, all States and Territories are required to establish an independent review mechanism for government procurements. This bill ensures that Government procurement arrangements in New South Wales comply with the Trans Pacific Partnership obligations and implements international standards for the independent review of government procurement actions. The bill allows the New South Wales Procurement Board to issue policies and directions concerning the procurement of goods and services by and for government agencies. The bill also sets out a procedure for persons to make complaints about the conduct of government agencies where it is alleged an enforceable procurement provision has been broken.
The Parliamentary Secretary (Ms Cusack) introduced the bill and gave the second reading speech on behalf of Minister Harwin (see Hansard for a transcript of the Parliamentary Secretary’s speech). At the conclusion of the speech, debate was adjourned for five days.
Children and Young Persons (Care and Protection) Amendment Bill 2018 and cognate
National Disability Insurance Scheme (Worker Checks) Bill 2018
House of Origin: Legislative Council
The Children and Young Persons (Care and Protection) Amendment Bill amends the Children and Young Persons (Care and Protection) Act 1998 and the Adoption Act 2000. The bill implements changes to the State’s child protection system proposed in the 2017 Department of Family and Community Services (FACS) discussion paper ‘Shaping a Better Child Protection System’. The bill has several provisions aimed at facilitating family preservation and restoration, including a strengthened obligation on FACS to offer alternative dispute resolution processes to families to prevent matters from escalating to the Children’s Court. The bill incorporates changes to court processes, including to allow parties to consent to a care plan outlining care arrangements for a child or young person. The bill also allows for the Supreme Court to dispense with the requirement for the consent of a person to a child’s adoption if the application for adoption is made by the child’s guardian.
The cognate National Disability Insurance Scheme (Worker Checks) Bill establishes screening arrangements for workers who are engaged in or associated with services provided under the National Disability Insurance Scheme (NDIS) to people with disability. Checks for NDIS workers will prevent workers that pose a risk of harm from working in certain roles with NDIS participants. NSW has worked with the Commonwealth and other States and Territories to develop a nationally consistent approach to the screening of NDIS workers, which was set out in the Intergovernmental Agreement on Nationally Consistent Worker Screening for the National Disability Insurance Scheme, and which is the basis for the bill.
The Parliamentary Secretary (Mr Farlow) introduced the bills and gave the second reading speech on behalf of Minister Mitchell (see Hansard for a transcript of the Parliamentary Secretary’s speech). At the conclusion of the speech, debate on the bills was adjourned for five days.
Retirement Villages Amendment Bill 2018 and cognates:
Building and Construction Industry Security of Payment Amendment Bill 2018, Fair Trading Legislation Amendment (Miscellaneous) Bill 2018, and Protection of the Environment Operations Amendment (Asbestos Waste) Bill 2018
House of Origin: Legislative Council
The Retirement Villages Amendment Bill amends the Retirement Villages Act 1999 and is the first of a series of legislative reforms emerging from the Government’s response to the Greiner review report into the retirement village sector. In particular the bill provides that village operators must prepare and maintain an emergency plan and ensure that all residents and staff are familiar with the plan.
The Building and Construction Industry Security of Payment Amendment Bill 2018 amends the Building and Construction Industry Security of Payment Act 1999. It seeks to provide greater protections to subcontractors, suppliers and workers in the building and construction industry and promote cash flow and transparency in the contracting chain.
The Fair Trading Legislation Amendment (Miscellaneous) Bill 2018 is part of the Government’s package of ‘Better Business Reforms’ and makes amendments to the Residential Tenancies Act 2010, the Co-operative Housing and Starr-Bowkett Societies Act 1998 and the Uncollected Goods Act 1995. The bill contains a range of reforms intented to reduce red tape, enhance consumer choice and ensure that the legislation within the Innovation and Better Regulation portfolio remains fit for purpose.
The Protection of the Environment Operations Amendment (Asbestos Waste) Bill 2018 imposes stricter sanctions for asbestos-related offences under the Protection of the Environment Operations Act 1997. The amendments seek to send a deterrent message to those who dump asbestos and related waste, by establishing standalone asbestos waste offences, doubling maximum fines, and ensuring that the presence of asbestos is considered by the courts when sentencing offenders.
These were the final bills introduced for the day. The Parliamentary Secretary (Mr MacDonald) introduced the bills and gave the second reading speech on behalf of Minister Mitchell (see Hansard for a transcript of the Parliamentary Secretary’s speech). Debate on the bills was then adjourned for five calendar days.
Adjournment debate
The following members spoke to the adjournment debate:
- Mr Colless – Coal-Fired Power Stations
- Mr Borsak – Property Market
- Mr Moselmane – Indigenous Human Rights Awards
- Mr Searle – Energy Policy
- Mr Brown – Redbank Power Station
- Mr Farlow – Mental Health
- Dr Phelps – Canterbury-Bankstown Council
See Hansard for details of the debate.