In the House – Thursday 19 October 2023

It was a busy day for bills in the Legislative Council on Thursday! The House passed five bills, covering everything from the streamlining of emergency and rescue management to union-related legislation. A further three bills were introduced to drive efficiencies in jury empanelment, address biosecurity matters, and strengthen the night-time economy. With special guests also making an appearance during Question Time, read on for more…

PARLIAMENTARY TWINNING: VISITING DELEGATION FROM BOUGAINVILLE AND SOLOMON ISLANDS

On Thursday, the House warmly welcomed the Hon Therese Kaetavara, Deputy Speaker of the Bougainville House of Representatives, and the Hon Commins Aston Mewa, Deputy Speaker of the National Parliament of Solomon Islands, who observed Question Time from the dais alongside President the Hon Ben Franklin. The pair are part of a delegation from Bougainville and Solomon Islands visiting the Parliament of NSW for a professional development program that’s been organised through our parliamentary ‘twinning’ relationship with the support of the United Nations Development Program. Learn more about twinning and our Pacific partners here.

STATEMENT BY THE PRESIDENT: UPCOMING BICENTENARY CONFERENCE

Across 13 and 14 November 2023, the second in a series of jam-packed history conferences is being held in honour of the Council’s upcoming Bicentenary – and this was the focus of a statement made by the President in the chamber. The conference will explore the NSW Act of 1823 and the development of the Parliament, NSW Supreme Court and other institutions in the early colony. Those attending will hear fascinating and colourful stories from esteemed historians, experts and authors, with special sessions delivered by Chief Justice of NSW the Hon Andrew Bell, as well as the state’s Treasurer and Auditor-General.

Learn more on our conference website. Tickets for in-person attendance are selling fast, but a free conference livestream will also be available. So be sure to pencil the conference in your diary and check on the conference website closer to the time for the livestream link!

INTRODUCED: 24-HOUR ECONOMY LEGISLATION AMENDMENT (VIBRANCY REFORMS) BILL & 24-HOUR ECONOMY COMMISSIONER BILL 2023 (IN COGNATE)

The 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Bill 2023 and the 24-Hour Economy Commissioner Bill 2023 were introduced by the Hon John Graham, Minister for Music and the Night-time Economy. The bills were introduced ‘in cognate’ to allow their simultaneous consideration by the House, due to the related nature of their subject matter.

As its name suggests, the ‘Vibrancy Reforms’ Bill 2023 seeks to amend the Gaming and Liquor Administration Act 2007, the Liquor Act 2007, and the Liquor Regulation 2018 to increase the vibrancy of the night-time economy. In particular it would make a suite of changes to address sound management for licenced venues, including introducing certain exemptions from noise pollution provisions and streamlining the regulation of noise-related matters. Minister Graham said the bill recognises the fact that live music is a key offering of licenced venues, and would strengthen the position of licensed venues.

Among the bill’s many changes relating to live performance venues and outdoor recreation spaces are those to extend the standard trading period for small bars to between 10am and midnight (currently 12 noon until midnight), and to increase the current 60 minutes of extended trading to two hours, for venues which are hosting live music. The bill would also permanently reduce licence fees for live music and performance venues. This 80% reduction in fees had been previously trialled and was due to expire at the end of 2024.

Meanwhile, the 24-Hour Economy Commissioner Bill 2023 would provide for a 24-Hour Economy Commissioner to be appointed under the Government Sector Employment Act 2013. The Commissioner would be responsible for advocating for and furthering the interests of the night-time economy in NSW. While the Commissioner would not be subject to the control or direction of the Minister, the bill enables the Minister to establish a 24-Hour Economy Advisory Council to provide advice to the Commissioner. You can find further details on both bills in Mr Graham’s second reading speech.

Following their introduction in the chamber, debate on the bills was adjourned for five calendar days, according to standing order.

INTRODUCED: JURY AMENDMENT BILL 2023

The Jury Amendment Bill 2023 was introduced in the Council by Parliamentary Secretary the Hon Mark Buttigieg on behalf of the Hon Daniel Mookhey to amend the Jury Act 1977 – including in relation to a relevant statutory review concerning the Act.

The bill’s changes relate to the selection of jurors, including expanding the test for the selection of additional jurors in cases where the proceedings are particularly long or complex. It would also give a court the discretion to select replacement jurors, or proceed with fewer jurors, in the case of the death or discharge of jurors.

For those summoned for jury service, the bill would allow summons to be received via email, allow for all requests to be excused to be made verbally or in writing, and extend protection against unlawful dismissal relating to jury service to part-time employees. Notably, the bill would amend the minimum deliberation period for jurors from eight to four hours, as recommended in the statutory review. It would also extend the power of the sheriff to investigate improper conduct that may affect a trial, meaning that improper conduct directed at a juror, as well as conduct by a juror, could now be investigated.

Find further details on the bill in Mr Buttigieg’s second reading speech which begins in Hansard here, and concludes here.

After its introduction in the chamber, debate on the bill was adjourned for five calendar days, according to standing order.

INTRODUCED: BIOSECURITY AMENDMENT (INDEPENDENT BIOSECURITY COMMISSIONER) BILL 2023

The Biosecurity Amendment (Independent Biosecurity Commissioner) Bill 2023 was introduced in the Legislative Council by the Minister for Agriculture, the Hon Tara Moriarty.

The bill seeks to establish an Independent Biosecurity Commissioner who would provide independent and expert advice, conduct reviews, and make recommendations to the Government on issues relating to pests and weeds. The Commissioner would also engage with experts and key stakeholders to guide their work. While the Commissioner would report directly to the Minister, they would remain independent, and would not be subject to their control or direction.

Further details of the bill can be found in Minister Moriarty’s second reading speech.

After its introduction in the chamber, debate on the bill was adjourned for five calendar days, according to standing order.

PASSED: REVENUE, MINING AND ENERGY LEGISLATION AMENDMENT BILL 2023

The Revenue, Mining and Energy Legislation Amendment Bill 2023 was introduced in the Council by Minister for Finance the Hon Courtney Houssos on behalf of the Hon Daniel Mookhey, after having passed the Legislative Assembly earlier in the week. This bill amends several Acts and regulations following changes to the structure of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU).

Recently, the Mining and Energy Union (MEU) withdrew from the wider CFMMEU and established itself as an independent union. The bill reflects this change in the relevant legislation, and also amends the Duties Act 1997 to extend a duty exemption for unions when they de-amalgamate, as in the case of the MEU. Previously, a duty exemption was available on property transfers related to the amalgamation of a union but not for the withdrawal or de-amalgamation. This bill ensures that both amalgamation and de-amalgamation are treated the same under the Act. Find further details in Minister Houssos’s second reading speech.

During the second reading debate, contributions were made by members of the Opposition and Pauline Hanson’s One Nation. See all members’ contributions in the Hansard record.

Both the second and third readings of the bill were agreed to on the voices, with the bill then returned to the Legislative Assembly, ready to be forwarded to the Governor for assent.

PASSED: JUSTICE LEGISLATION AMENDMENT (MISCELLANEOUS) BILL 2023

Passed by the Legislative Assembly earlier in the week, the Justice Legislation Amendment (Miscellaneous) Bill 2023 was introduced in the Legislative Council by Parliamentary Secretary the Hon Anthony D’Adam on behalf of the Hon Daniel Mookhey. The bill makes changes to 20 different Acts and regulations relating to courts, crimes and other Communities and Justice portfolio matters. The suite of miscellaneous amendments aims broadly to keep the legislation up to date, including addressing developments in case law and providing clarity in certain areas.

Changes include amendments to the Children’s Guardian Act 2019 to remove the requirement for the Children’s Guardian to be under 65 years; to the Bail Act 2013 to clarify matters relating to the refusal of bail; and to the Fines Act 1996 to allow for activities including community work and drug diversion programs to be undertaken in lieu of fine payment for certain offences. A full description of the bill’s changes can be found in Mr D’Adam’s second reading speech.

Contributions to the second reading debate were made by members from the Opposition, The Greens, and the Government. Read all members’ contributions in the Hansard record.

When the House resolved into committee of the whole two amendments were moved by Ms Sue Higginson on behalf of The Greens, relating to preventative detention orders under theAmendment of Terrorism (Police Powers) Act 2002. The amendments were negatived on division (Ayes: 6/Noes: 32).

With no amendments made, the bill’s third reading was agreed to on the voices and it was returned to the Legislative Assembly, ready for the Governor’s assent.

PASSED: BUILDING LEGISLATION AMENDMENT BILL 2023

The Building Legislation Amendment Bill 2023 was back before the House on Thursday, debate having been commenced the previous week. As noted in our earlier blog , this bill makes several changes to various pieces of building legislation and other legislation administered by the Minister for Better Regulation and Fair Trading, and the Minister for Building – including in relation to investigating building defects, certifying buildings and more.

During the second reading debate, contributions were made by members of the Opposition, The Greens, and the Government. See all members’ contributions in the Hansard record.

Both the second and third readings of the bill were agreed to on the voices, with the bill then heading to the Legislative Assembly for concurrence.  

PASSED: STRATA LEGISLATION AMENDMENT BILL 2023

After having been introduced to the House in the previous sitting week, the Strata Legislation Amendment Bill 2023 was debated in the Council. The bill will amend the Strata Schemes Development Act 2015 and the Strata Schemes Management Act 2015 to begin implementing recommendations from the statutory review of the Acts completed in November 2021. As noted in our blog at the time, the bill also makes related changes to the Community Land Development Act 2021 and the Community Land Management Act 2021.

During the second reading debate, contributions were made by the Opposition, The Greens, the Animal Justice Party, the Government and the Liberal Democratic Party. Read all members’ contributions in the Hansard record.

Both the second and third readings of the bill were agreed to on the voices, with the bill then heading to the Legislative Assembly for concurrence. 

PASSED: EMERGENCY SERVICES LEGISLATION AMENDMENT BILL 2023

The Emergency Services Legislation Amendment Bill 2023 amends various emergency services Acts and regulations to streamline and simplify emergency and rescue management arrangements in the state. It was introduced in the Council by Parliamentary Secretary the Hon Anthony D’Adam on behalf of Special Minister of State the Hon John Graham.

Amongst its changes, the bill amends the Fire and Rescue NSW Act 1989 to clarify that the Commissioner of Fire and Rescue NSW is subject to the control and direction of the Minister for Emergency Services. It also amends the NSW Reconstruction Authority Act 2022 to give power to the NSW Reconstruction Authority to direct local councils to take actions under relevant regulations. This means that when urgent action is required, in the case of an emergency or disaster situation, action can proceed quickly.

Amongst several changes to the Rural Fires Act 1997, the bill will give the NSW Rural Fire Service the power to close roads in an emergency or disaster situation, only consulting with Transport for NSW when these roads affect rail services. It also amends the Act to require the publication of bush fire management plans online, and their drafts, in recognition of the capabilities and accessibility of the digital publishing environment.  Finally, a change to the State Emergency and Rescue Management Act 1989 expands the definition of ‘functional area’ to include “another category of services described as a functional area in the State Emergency Management Plan”. This provides a mechanism to introduce new functional areas when required.

During the second reading debate, contributions were made by members of The Greens, the Opposition, and the Government. See all members’ contributions in the Hansard record.

When the House resolved into committee of the whole…

• One amendment was moved by Dr Amanda Cohn on behalf of The Greens, which sought to give the Minister the power to “direct” the Emergency Services Commissioner as opposed to “direct and control” the Commissioner as proposed in the bill. This was negatived on the voices.
• A further amendment was moved by Dr Cohn on behalf of The Greens to add a local-government-nominated member to the NSW Reconstruction Authority Advisory Board. This was negatived on the voices.
• One amendment was moved by the Hon Anthony D’Adam on behalf of the Government, which sought to ensure that at least one member of the NSW Reconstruction Authority Advisory Board has “considerable experience in a senior role with a local council”. This was agreed to on the voices.

Full committee of the whole proceedings can be read here.

Following the committee stage, the bill was reported with an amendment, read a third time on the voices, and returned to the Legislative Assembly for consideration of the change.

GENERAL MOTIONS

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

• Regulation Committee – amendment to resolution, moved by the Hon Natasha Maclaren-Jones (Liberal)
• Fiji Independence Day 2023, moved by the Hon Jacqui Munro (Liberal)
• Swadisht 2023, moved by the Hon Mark Buttigieg (Labor)