In the House – Thursday 3 August 2023

Two bills were passed in the Legislative Council on Thursday, including one to expand to state’s Anti-Discrimination Act to cover religious vilification, and another making changes to how appointments can be made to the Board of icare. With two further bills introduced but not yet debated, and the world’s hottest month on record considered as a matter of public importance, read on for more…

MATTER OF PUBLIC IMPORTANCE: THE WORLD’S HOTTEST MONTH

At the beginning of Thursday’s sitting, on the motion of the Hon Cate Faehrmann (The Greens), the House agreed to debate as a matter of public importance “the World Meteorological Organization’s declaration of July 2023 as the world’s hottest month on record”.

Contributions to the debate were heard from across the chamber, including from members of the Government, the Opposition, The Greens, the Liberal Democratic Party and the Legalise Cannabis Party. Find details in the Hansard record here and also here.

Did you know? Debates on ‘matters of public importance’ allow members to heartily discuss an issue, but unlike other types of business before the House, there is no requirement for a vote on the matter under the Council’s standing orders. This means that at the conclusion of the debate, the motion simply lapses.  

INTRODUCED: ELECTORIAL FUNDING AMENDMENT BILL 2023

The Electoral Funding Amendment Bill 2023 was introduced by Parliamentary Secretary the Hon Anthony D’Adam on behalf of the Special Minister of State, the Hon John Graham. The bill seeks to amend the Electoral Funding Act 2018 to increase the cap on electoral expenditure by third-party campaigners for state election campaigns.

In his second reading speech, Mr D’Adam noted that the Government had introduced the bill to follow through on its response to the Joint Standing Committee on Electoral Matters’ report on Caps on third-party campaigners’ electoral expenditure in s29(11) and s35 of the Electoral Funding Act 2018. He said the cap – increased from $20,000 to $225,900 and to be automatically adjusted in the future for inflation – would allow campaigners to get their message out to electors, while ensuring that their voices are not allowed to overwhelm a campaign. Mr D’Adam also highlighted that the increase to the cap seeks to ensure consistency with the implied freedom of political communication.  The change follows a recent decision by the High Court.

Further details can be found in the Parliamentary Secretary’s second reading speech.

Following the bill’s introduction, debate was adjourned for five calendar days, according to standing order.

INTRODUCED: ICAC AND LECC LEGISLATION AMENDMENT BILL 2023

The ICAC and LECC Legislation Amendment Bill 2023 was another bill introduced by Parliamentary Secretary the Hon Anthony D’Adam on behalf of the Hon John Graham as Special Minister of State. The bill would make changes to the Independent Commission Against Corruption Act 1988 and the Law Enforcement Conduct Commission Act 2016 to implement responses to recommendations previously made by the Parliament’s Joint Committee on the Independent Commission Against Corruption in its 2022 reports Review of the 2020-2021 Annual Reports of the ICAC and the Inspector of the ICAC and Review of Aspects of the Independent Commission Against Corruption Act 1988.

In implementing the Government’s responses to the reports’ recommendations, the bill’s changes would result in broadening the existing powers of the ICAC Inspector; developing time standards for the release of ICAC reports under section 74 of the ICAC Act; amending the current information protection provisions in the Act to better accommodate the welfare of witnesses before the ICAC; and allowing the ICAC Inspector to serve a maximum of two terms. Further details can be found in the Parliamentary Secretary’s second reading speech.

Following the bill’s introduction, debate was adjourned for five calendar days, according to standing order.

PASSED: ANTI-DISCRIMINATION AMENDMENT (RELIGIOUS VILIFICATION) BILL 2023

Passed by the Legislative Assembly on Tuesday, the Anti-Discrimination Amendment (Religious Vilification) Bill 2023 was introduced in the Council by Parliamentary Secretary the Hon Mark Buttigieg on behalf of Treasurer the Hon Daniel Mookhey.

The bill amends the Anti-discrimination Act 1977 to make it unlawful to vilify a person or group on the grounds of their religious beliefs, affiliation or activity. Specifically, it inserts a new part into the Act to make it unlawful for a person, by a public action, to incite hatred towards, serious contempt for, or severe ridicule of a person, or group of persons, on the ground that they have, or do not have, a religious belief or affiliation, or engage, or do not engage, in religious activity.

In his second reading speech, Mr Buttigieg said the bill addresses a gap in the existing vilification protections in the Act by extending them to religion, providing an important protection for people of faith. He also indicated that the Government considers the Act as a whole to be in need of overhaul, acknowledging it has been referred to the NSW Law Reform Commission for a comprehensive review. Further details of the bill can be found in Mr Buttigieg’s second reading speech.

During the second reading debate, contributions were heard from members of the Opposition, Pauline Hanson’s One Nation, the Shooters, Fishers and Farmers Party, The Greens, the Legalise Cannabis Party, the Liberal Democratic Party and the Government. See all members’ contributions in the Hansard record.

When the House resolved into committee of the whole:

• A total of 12 amendments over three sheets were moved by Dr Amanda Cohn on behalf of The Greens. These sought to change the bill’s definition of religious belief or affiliation; to clarify that the bill’s provisions only apply to individuals and not to organisations; and to ensure that religious activity is protected only if it is lawful. The amendments were negatived on division (Ayes: 6/Noes: 32).
  
• Five amendments were moved by the Hon Tania Mihailuk on behalf of Pauline Hanson’s One Nation. These sought to provide a broader legislative framework relating to religious vilification, by outlining discrimination in specific circumstances and contexts including work and employment, education, provision of goods and services, accommodation and registered clubs. The amendments were negatived on division (Ayes 2: / Noes 36).

The full committee of the whole proceedings can be read here.

With no amendments made, the second reading of the bill was then agreed to on division (Ayes: 31/Noes: 6), before the third reading was agreed to on the voices.

PASSED: STATE INSURANCE AND CARE GOVERNANCE AMENDMENT (ICNSW BOARD) BILL 2023

The State Insurance and Care Governance Amendment (ICNSW Board) Bill 2023 was introduced by the Hon Mark Buttigieg on behalf of the Treasurer, the Hon Daniel Mookhey. The bill amends the State Insurance and Care Governance Act 2015 to provide for the appointment of directors nominated by employee and employer bodies to the Insurance and Care NSW (ICNSW) Board, otherwise known as the icare Board. The principal Act sets out the composition of the Board, which is responsible for setting agency’s strategic direction and oversight. During his second reading speech, Mr Buttigieg explained that the amendments are intended to make the Board more representative of the community.

During the second reading debate, contributions were heard from members of The Greens, the Opposition, Pauline Hanson’s One Nation, and the Government. See all members’ contributions in the Hansard record. With the second and third readings of the bill agreed to on the voices, the bill was returned to the Legislative Assembly where it was passed the day prior, ready for the Governor’s assent.

JOINT INQUIRY INTO THE PROTECTION OF LOCAL WATER UTILITIES

In addition to the Council’s own committees, members of the Upper House participate on a number of joint committees with parliamentary colleagues from the Legislative Assembly. On Thursday, the House received a message from the Legislative Assembly requesting agreement to appoint a new joint committee to inquire into the protection of local water utilities from privatisation. The Assembly specifically requested that the committee be chaired by Upper House member the Hon Stephen Lawrence (Labor), with details available soon from the Parliament’s committees listing.

GENERAL MOTIONS

The following motions were agreed to without debate, during the morning’s formal business:

• Education Week 2023, moved by the Hon Sarah Mitchell (Nationals)
• Early Learning Matters Week and early childhood education in NSW, also moved by Mrs Mitchell
• DonateLife Week 2023, also moved by Mrs Mitchell
• Medically supervised injecting centres, moved by Ms Cate Faehrmann (The Greens) on behalf of the Hon Jeremy Buckingham (Legalise Cannabis Party)
• Tribute to Wendy Bowman, moved by Ms Sue Higginson (The Greens)
• Australian Sikh Awards for Excellence 2023, moved by the Hon Mark Buttigieg (Labor)
• Zest Awards 2023, also moved by Mr Buttigieg
• Winterfest, also moved by Mr Buttigieg

Also during formal business, an amendment to an earlier order for papers regarding liquor and gaming compliance checks was moved by Ms Cate Faehrmann (The Greens). Later in the sitting, under standing order 75, Mr Faehrmann gave notice of a motion to further amend the order, with that motion moved in the evening. Together, the amendments made changes to the scope of the order and the date the papers are due (Friday 4 August).