In the House – Wednesday 21 September 2022

While Wednesday was private members’ day as usual, this week the House agreed to a special motion to allow debate on a government bill and a disallowance motion. The House also debated three private members’ bills and agreed to a number of motions and orders for papers. You can find more below!

A special conduct of business motion

While Wednesday remained private members’ day, by agreement between members, a ‘conduct of business’ motion was allowed to debate one government bill (the Health Legislation (Miscellaneous) Amendment Bill (No. 2) 2022) and for a disallowance motion to proceed.

A rescheduled Budget Estimates hearing

As most readers will be aware, the portfolio committees recently completed the first round of their busy Budget Estimates hearings. The minister that administers each portfolio, together with the public servants with responsibility for day to day operations, appear before each committee over the course of a day to answer questions.

During formal business (a time for items to be resolved without debate), Mr Tudehope moved a motion noting that during the recent Estimates round, the hearing scheduled for the Corrections portfolio was unable to proceed owing to the unavailability of the Minister. The House resolved that the hearing be rescheduled to take place on a date of its choosing under the same arrangements as originally agreed for the first hearing. That hearing is expected to take place during the week commencing 24 October, which was previously set aside by the House for supplementary Estimates hearings.

Prevention of Cruelty to Animals Amendment (Prohibition for Convicted Persons) Bill

The Prevention of Cruelty to Animals Amendment (Prohibition for Convicted Persons) Bill 2022 was introduced into the House by Ms Hurst (Animal Justice Party). The objective of this bill is to amend the Prevention of Cruelty to Animals Act 1979 and the Exhibited Animals Protection Act 1986 to prevent people convicted of certain offences in relation to animals from caring for or working with animals. It also extends the definition of an animal cruelty offence and defines a serious interstate animal offence. You can read Ms Hurst’s second reading speech in full here.

At the conclusion of Ms Hurst’s second reading speech, according to standing order, debate was adjourned for five calendar days.

Roads Amendment (Tolling Transparency) Bill 2022

The second reading debate on the Roads Amendment (Tolling Transparency) Bill 2022 resumed on Wednesday. The bill seeks to amend the Roads Act 1993 to require the prominent display of toll charges at each public entrance to a tollway, and to provide for transparency in and scrutiny of agreements entered into for the operation of tollways. You can find our blog entries on the introduction of the bill here, and previous debate here.

Government members spoke against the bill before Mr Graham gave his speech in reply – you can find the full debate here. At the conclusion of the second reading debate, the question that the bill be read a second time was agreed to on division (Ayes: 19, Noes: 16), with the Labor Party, the Shooters Fishers and Farmers Party, The Greens and Mr Field voting for the bill. The bill was read a third time on the voices and forwarded to the Assembly for consideration.

Fishing Legislation Amendment (Right to Fish) Bill 2019

Debate on the bill resumed from November 2019 – having commenced almost three years ago. The bill, introduced by Mr Banasiak (Shooters, Fishers and Farmers Party), seeks to amend the Fisheries Management Act 1994 and the Marine Estate Management Act 2014 to establish an independent statutory body – the NSW Recreational Fishing Council (NSWRF Council). You can find the blog entry on the introduction and Mr Banasiak’s contribution in support of the bill here.

Following contributions from the Government, the Opposition, the Animal Justice Party, The Greens and Mr Field, and Mr Banasiaks’ speech in reply, the question on the second reading of the bill was negatived on division (Ayes: 3, Noes: 33), with only the Shooters, Fishers and Farmers Party and Mr Roberts voting for the bill. You can find the full second reading debate in Hansard here.

Health Legislation (Miscellaneous) Amendment Bill (No. 2) 2022

Mr Martin (on behalf of Minister Taylor) introduced the Health Legislation (Miscellaneous) Amendment Bill (No. 2) 2022 on Wednesday morning. The objective of this bill is to make a series of amendments to various acts relating to health, including:

• Health Care Complaints Act 1993, to align arrangements for the appointment and remuneration of the Commissioner of the Health Care Complaints Commission with other similar independent bodies.
• Health Practitioner Regulation (Adoption of National Law) Act 2009, to amend the Health Practitioner Regulation National Law [NSW] to allow evidence obtained under a search warrant to be admitted into evidence in hearings in the Civil and Administrative Tribunal of New South Wales and Professional Standards Committee [PSC] where that evidence is relevant to the proceedings, and to provide that appeals, other than on a point of law, against a decision of a PSC, a council or a national board, are to be made within 28 days of the person being given written notice of the decision.
• Human Tissue Act 1983, to provide that the principal care officer for a child in the care of the state is the Secretary of the Department of Communities and Justice.
• Mental Health Act 2007, to insert a note into the Act to emphasise the connection between two sections which set out when a person may be detained in a mental health facility.
• Mental Health and Cognitive Impairment Forensic Provisions Act 2020, to provide that in circumstances where a person ceases to be a forensic patient by definition, the person will instead remain a forensic patient until the Director of Public Prosecutions advises the court that further charges will not be brought against the person.
• Public Health Act 2010, to provide that every authorised officer who is not a police officer be provided with an identification card.
• Statutory and Other Offices Remuneration Act 1975, to facilitate the determination of salary and allowances of the Commissioner of the Health Care Complaints Commission by the Statutory and Other Offices Remuneration Tribunal (see related change above).
• Home Building Act 1989, to regulate medical gas work – the product of amendments made by the Government and the Opposition during debate on the bill in the Legislative Assembly.

After a short second reading debate with contributions by members of the Opposition and the Minister for Regional Health and Mental Health, the second and third readings of the bill were passed on the voices.

Disallowance motion – Water Management (General) Amendment (Floodplain Harvesting Access Licences) Regulation 2022

Mr Field moved a motion to disallow the Water Management (General) Amendment (Floodplain Harvesting Access Licences) Regulation 2022, published on the NSW Legislation website on 1 July 2022. (It should be noted that prior to moving the motion, Mr Field sought leave to amend the original notice that appeared on the Notice Paper to omit a paragraph which would have also asked the House to disallow Schedule 1[1], 1[2] and 1[7] of the Water Management (General) Amendment Regulation (No 2) 2022, published on the NSW Legislation website on 1 July 2022.)

The regulation amends the Water Management (General) Regulation 2018 to provide for replacement floodplain harvesting access licences by (a) setting out the circumstances in which a landholder may be eligible for a replacement floodplain harvesting licence, and (b) providing for the determination by the Minister for Lands and Water of the share components of replacement floodplain harvesting access licences.

Following contributions from most parties to debate, the question on the disallowance motion was agreed to on division (Ayes: 16, Noes: 15), with Mr Field, the Labor Party, The Greens, and Revd Nile voting in favour of the motion.

Messages from the Legislative Assembly advising of lapsed bills

Under the Legislative Assembly’s standing orders, general business items relating to bills (that is, private members’ bills) not commenced or completed within six months shall lapse.

On Wednesday the President reported that he had received messages from the Legislative Assembly advising that the following private members’ bills, which had originated in the Legislative Council, had lapsed under standing order:

• Fiscal Responsibility Amendment (Privatisation Restrictions) Bill 2021
• Climate Change (Emissions Targets) Bill 2021
• Government Grants Administration Bill 2021
• Children and Young Persons (Care and Protection) Amendment (Family is Culture Review) Bill 2021.

Orders for Papers

The following orders for papers were agreed to:

• Comment about “Better Breeding” (Mr Latham, Pauline Hanson’s One Nation) – due 5 October 2022
• Central Name Index (CNI) Project (Mr Borsak, Shooters, Fishers and Farmers) – due 12 October 2022
• Barangaroo Indigenous Cultural Centre (Mr Graham, Labor) – due 12 October 2022
• Western Sydney Aerotropolis Precinct Plan (Mr Buttigieg, Labor) – due 26 October 2022
• Bungendore High School (Ms Moriarty, Labor) – due 12 October 2022
• Compliance with Kangaroo Harvest Management Programs – Further order (Mr Pearson, Animal Justice Party) – due 15 December 2022
• Design and Place SEPP – Further order – (Ms Faehrmann, The Greens) – due 12 October 2022
• Police Station Upgrades (Ms Moriarty, Labor) – due 26 October 2022.

General Motions

• Pakistan Australia Business Council Fundraising Dinner (Mr D’Adam on behalf of Mr Moselmane, Labor)
• Marking 75 years of Indian Independence (Mr D’Adam on behalf of Mr Moselmane, Labor)
• Mr Jamil El-Doaihi (Mr D’Adam on behalf of Mr Moselmane, Labor)
• 75^th Pakistan Independence Day (Mr D’Adam on behalf of Mr Moselmane, Labor)
• Celebrating Linda Burney MP (Mr D’Adam on behalf of Mr Moselmane, Labor)
• Achi Family (Mr D’Adam on behalf of Mr Moselmane, Labor)
• Committee of the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission and Health Care Complaints Commission – Membership (Minister Tudehope, Liberal)
• Establishment of Joint Modern Slavery Committee (Minister Tudehope, Liberal).