It was an action-packed Wednesday in the House, with a joint sitting of Parliament to fill a Senate vacancy; the delivery of not one but two first speeches by new members; and the introduction of three private members’ bills covering the Property Services Council, ICAC and battery cages. Read on to learn more…
JOINT SITTING TO FILL SENATE VACANCY
On Wednesday, a joint sitting of the Legislative Council and Legislative Assembly was held in the Upper House chamber to fill a NSW vacancy in the Australian Senate, following the passing of Senator Jim Molan. Ms Maria Kovacic was selected to fill the vacancy, with the nomination moved by the Leader of the Opposition in the Assembly Mr Mark Speakman, and seconded by Leader of the Opposition in the Council the Hon Damien Tudehope. Find the proceedings in the Hansard record here.
Did you know? Unlike in a joint sitting to elect a person to fill a vacancy in the NSW Parliament, during a joint sitting for a federal vacancy, members must first elect a President to chair the sitting. The general practice is for the Premier to move that this be the Council’s President, as was the case on Wednesday. The assembled members then adopt rules to govern the joint sitting, which among other things typically include that the Council’s standing orders apply to the sitting.
INTRODUCED: PROPERTY SERVICES COUNCIL BILL 2023
The Hon Mark Banasiak (Shooters, Fishers and Farmers) introduced the Property Services Council Bill 2023 as Wednesday’s first private members’ bill. This bill replicates many aspects of Mr Banasiak’s earlier Real Estate Services Council Bill 2019, with the addition of amendments proposed by Labor to the 2019 bill.
The bill provides for the creation of a Property Services Council for NSW, which would assume responsibility for various property services functions that currently sit with NSW Fair Trading. The Property Services Council’s role would be to promote standards of conduct and competency for agents; to protect the interests of people who deal with agents; and to resolve disputes between agents and the people who deal with them. It would also be responsible for advising the Minister on issues such as agents’ professional development, consumer protection and the management of strata properties.
In addition, the bill would establish the office of the Property Services Commissioner, which would be focussed exclusively on regulatory controls for the property services industry.
Full details of the bill can be found in Mr Banasiak’s second reading speech.
Following its introduction, debate on the bill was adjourned for five calendar days according to standing order.
INTRODUCED: INDEPENDENT COMMISSION AGAINST CORRUPTION AMENDMENT (VALIDATION) BILL 2023
The Independent Commission Against Corruption Amendment (Validation) Bill 2023 was introduced by the Hon Rod Roberts (Pauline Hanson’s One Nation). It would amend the Independent Commission Against Corruption Act 1988, so that a provision to validate certain previous actions of the ICAC would not apply in relation to people who had pending Supreme Court proceedings challenging corruption findings at a certain point in time.
The provision in question was inserted into the Act by the Independent Commission Against Corruption Amendment (Validation) Act 2015, following a High Court ruling made in April 2015 centring around the ICAC’s interpretation of ‘corrupt conduct’. The bill intends to specify that this ‘validation clause’ would not apply to those with proceedings in the Supreme Court on 8 May 2015.
A full explanation on the bill, and the reason for its specific date application, can be found in Mr Roberts’ second reading speech here. At the conclusion of his speech, debate on the bill was adjourned for 5 calendar days, according to standing order.
INTRODUCED: PREVENTION OF CRUELTY TO ANIMALS AMENDMENT (BATTERY CAGE PROHIBITION) BILL 2023
The Prevention of Cruelty to Animals Amendment (Battery Cage Prohibition) Bill 2023 was introduced by the Hon Emma Hurst (Animal Justice Party), following a 2019 select committee inquiry into the use of battery cages in the egg production industry, which Ms Hurst chaired. In her second reading speech for the bill, Ms Hurst highlighted that the committee received more than 14,000 submissions largely supporting a move away from battery cages.
Under the Prevention of Cruelty to Animals Act 1979,the bill would create a new offence to confine any laying hen in a cage for commercial purposes. This would prevent the use of battery and other types of cages, but would not affect the transport of hens. The bill also clarifies that the prohibition on cages would not be able to be overridden by any industry standards or guidelines. It would allow for a one-year phase-in of the changes. You can find further details in Ms Hurst’s second reading speech
After its introduction in the chamber, the bill was adjourned for five calendar days, according to standing order.
FIRST SPEECHES OF DR AMANDA COHN & THE HON JACQUI MUNRO
With 11 new members elected to the Council at the March state election, the first sitting weeks of our new parliamentary session have seen a number of first speeches – and there were two more on Wednesday! Both speeches were delivered to a chamber filled with colleagues and special guests, with viewers also watching the chamber live online.
Dr Amanda Cohn (The Greens) was up first, with her full first speech able to be read in the Hansard record here. Below are photos from the evening, as well as from Dr Cohn’s swearing in during Opening of Parliament proceedings on Tuesday 9 May.
The Hon Jacqui Munro (Liberal) addressed the chamber following the evening’s dinner break. Her first speech can be found in full in the Hansard record. See photos from Ms Munro’s speech, and her swearing in during May, below.
INQUIRY ADOPTED BY THE PUBLIC ACCOUNTABILITY AND WORKS COMMITTEE
The second Upper House inquiry for the new Parliament was reported in the chamber on Wednesday. Ms Abigail Boyd (The Greens), as Chair of the Public Accountability and Works Committee, informed the House that the committee had resolved to adopt an inquiry into the NSW Government’s use and management of consulting services. The terms of reference can be seen in the Hansard record and are also found on the inquiry’s webpage.
REPORTS TABLED AND REPORTED IN THE HOUSE
A selection of reports tabled or reported in the House can be found below. A full list is available in the database of tabled papers and reports here (be sure to select ’31 May’ to view everything from Wednesday’s sitting).
- Report of the Independent Complaints Officer of the NSW Parliament to the Legislative Council Privileges Committee and Legislative Assembly Parliamentary Privileges and Ethics Committee,both for the period 1 September 2022 to 30 November 2022 and for 1 December 2022 to 28 February 2023 (tabled by the Chair of the Privileges Committee)
- Universities 2022 (May 2023 financial audit report of the Auditor-General).
GENERAL MOTIONS
The following motions were debated in the House over the course of the day:
| Topic of motion (click link for details) | Moved by | Agreed to? |
| Suspension of standing order 34 (the hard adjournment) | The Hon Penny Sharpe, on behalf of the Government | Agreed to on division (Ayes: 21/Noes: 17) |
| Selling surplus land (debate interrupted and continued in the Hansard here) | The Hon Scott Farlow (Liberal) | Negatived on division (Ayes: 17/Noes: 23) |
| Kathleen Folbigg | Ms Sue Higginson (The Greens) | Agreed to, as amended |
| Upcoming budget and comprehensive expenditure review | The Hon Emily Suvaal (Labor) | Agreed to on division (Ayes: 22/ Noes: 13) |
| Native timber industry | The Hon Sarah Mitchell (Nationals) | Agreed to on division (Ayes: 29/ Noes: 5) |
In addition to the above motions debated in the chamber, the following motions were agreed to without debate, during the morning’s formal business:
- Gendered violence workforce, moved by Ms Abigail Boyd (The Greens)
- Carroll Public School Sequins and Sneakers Ball, moved by the Hon Chris Rath (Liberal) on behalf of the Hon Sarah Mitchell (Nationals)
- Gunnedah Eisteddfod, also moved by Mr Rath on behalf of Mrs Mitchell
- TAFE NSW Excellence Awards, moved by the Hon Emily Suvaal (Labor)
- Tribute to Dr Judy Messer, moved by Ms Cate Faehrmann (The Greens)
- International Day of Mourning, moved by the Hon Mark Buttigieg (Labor)
- Tribute to David Jackson AM KC, moved by the Hon Susan Carter (Liberal)
ORDERS FOR PAPERS
There was one order for papers debated in the House on Wednesday:
| Request (click link for details) | Moved by | Agreed to? | Due date |
| Papers regarding wage negotiations | The Hon Damien Tudehope (Liberal) | Negatived on division (Ayes: 18/Noes: 22) | N/A |
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