The first private members’ day of the sitting fortnight saw the Legislative Council debate nearly 10 general motions and a handful of orders for papers, while a new bill to introduce a ‘public interest exemption’ for the possession or publication of otherwise unlawful surveillance recordings was introduced. The House also agreed to a number of motions during the morning’s formal business. Read on for more…
INTRODUCED: SURVEILLANCE DEVICES AMENDMENT (PUBLIC INTEREST EXEMPTIONS) BILL 2023
The Surveillance Devices Amendment (Public Interest Exemptions) Bill 2023 was introduced by the Hon Emma Hurst (Animal Justice Party). This bill would amend the Surveillance Devices Act 2007 to create a public interest exemption for the offences of publication or possession of a recording obtained using an unlawful surveillance device. In essence, this would mean that sharing or possessing an unlawfully obtained recording of a private conversation or activity – if taken for the purpose of the public interest in the legal sense of the concept – would no longer be an offence.
In her second reading speech, Ms Hurst highlighted that a 2018 Upper House inquiry recommended that the government “review the Surveillance Devices Act 2007 to consider whether to insert a public interest exemption for unauthorised filming or surveillance”. She said that the exemption would allow journalists in particular, and other individuals, to publish or communicate recordings provided those recordings can legally be established to be in the public interest. The bill does not seek to remove the offence of installing, using or maintaining listening and surveillance devices. Find full 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.
GENERAL MOTIONS
The following motions were debated in the House over the course of the day:
| Topic of motion | Moved by | Agreed to? |
| Attack on Israel (also continued in Hansard here) | The Hon Bob Nanva (Labor) | Agreed to on division (Ayes: 36/Noes: 4) |
| Development application of Senator Mehreen Faruqi | The Hon Mark Banasiak (Shooters, Fishers and Farmers) | Agreed to |
| Solidarity with Israel | The Hon Damien Tudehope (Liberal) | Negatived on division (Ayes: 20/Noes: 21) |
| Hamish and Andy podcast comments regarding GPs | Dr Amanda Cohn (The Greens) | Agreed to |
| Harvestable rights in coastal draining catchments | The Hon Sarah Mitchell (Nationals) | Negatived on division (Ayes: 16/Noes: 20) |
| Drug harm minimisation at music festivals | The Hon Jeremy Buckingham (Legalise Cannabis Party) | Agreed to on division (Ayes: 17/Noes: 13) |
| Funding for dams in NSW | The Hon Sarah Mitchell (Nationals) | Negatived |
| Voice to Parliament referendum | The Hon Bob Nanva (Labor) | Agreed to on division (Ayes: 24/Noes: 11) |
| Impact of the 2023-2024 Budget on housing affordability | The Hon Scott Farlow (Liberal) | Negatived |
In addition, the following general motions were agreed to without debate during the morning’s formal business:
- Rosh Hashanah 2023, moved by the Hon Natalie Ward (Liberal)
- Higher School Certificate examinations, moved by the Hon Sarah Mitchell (Nationals)
- Cultural Transitions Project, moved by the Hon Mark Buttigieg (Labor)
- Safe Work Month 2023, also moved by Mr Buttigieg
- Artsakh refugees, moved by the Hon Susan Carter (Liberal)
- Select Committee on the Feasibility of Undergrounding the Transmission Infrastructure for Renewable Energy Projects – referral of evidence, moved by Ms Cate Faehrmann (The Greens)
- NSW Rural Fire Service, moved by the Hon Rachel Merton (Liberal)
- Budget Estimates 2023-2024 – amendment to resolution, moved by the Hon Penny Sharpe on behalf of the Government
- Portfolio Committees – amendment to resolution, also moved by Minister Sharpe on behalf of the Government
ORDERS FOR PAPERS
| Request | Moved by | Agreed to? | Due date |
| Papers relating to local and community grants decisions | The Hon Chris Rath (Liberal) | Agreed to, as amended | 1 November 2023 |
| Papers relating to the tasering incident in Cooma (further order) | The Hon Rod Roberts (Independent) | Agreed to, as amended | 18 October 2023 |
| Papers relating to Sydney Metro governance | Ms Cate Faehrmann (The Greens) | Agreed to | 1 November 2023 |
| Papers relating to the Palestinian protest event, Sydney, 9 October 2023 | The Hon Rod Roberts (Independent) | Agreed to | 18 October 2023 |