The House said farewell to 2023 with another huge day of Government Business, and some curious procedural highlights thrown in for good measure. The House passed four bills, agreed to an additional round of Budget Estimates hearings, and held a joint sitting with the Legislative Assembly to fill an Australian Senate vacancy. A traditional motion of seasonal felicitations rounded off the day, with members thanking staff, each other, and the parliamentary community. Read more…

IN COMMITTEES: ADDITIONAL BUDGET ESTIMATES HEARINGS AND A NEW JOINT COMMITTEE

During the morning’s formal business, a motion was moved by the Hon Penny Sharpe setting out the dates and times for additional Budget Estimates hearings for 2023/24, to be held in February and March 2024. Find out more about these additional hearings on our Budget Estimates webpage.

Later in the day, the House considered a message from the Legislative Assembly and agreed to the establishment of a joint select committee to inquire into the NSW Reconstruction Authority. Find details of the inquiry shortly via the Parliament’s inquiry listing page.

JOINT SITTING TO FILL SENATE VACANCY

A joint sitting of the Legislative Council and Assembly was held in the Upper House chamber to fill a NSW vacancy in the Australian Senate caused by the resignation of Senator Marise Payne. Mr Dave Sharma 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 full proceedings in Hansard.

CLIMATE CHANGE (NET ZERO FUTURE) BILL 2023 (CONSIDERATION OF MESSAGE FROM THE ASSEMBLY)

As reported in our earlier blog, the Council passed the Climate Change (Net Zero Future) Bill 2023 on Tuesday. On Thursday, a message was received from the Assembly advising of two amendments to the bill, making small grammatical alterations. These changes were agreed to on the voices during committee of the whole (which you can read in full in the Hansard record), and a message advising of this was forwarded to the Assembly, with the bill now ready for assent.

24-HOUR ECONOMY LEGISLATION AMENDMENT (VIBRANCY REFORMS) BILL 2023 (CONSIDERATION OF MESSAGE FROM THE ASSEMBLY)

After passing the Council last Thursday, a message regarding the 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Bill 2023 was received from the Assembly, advising that it had made an amendment to the bill. The Council resolved into committee of the whole to consider the amendment, which clarified the establishment of special entertainment precincts, and the amendment was agreed to on the voices (which you can read in full in the Hansard record). A message advising of this was forwarded to the Assembly, with the bill now ready for assent.

PASSED: CASINO CONTROL AMENDMENT BILL 2023

The Casino Control Amendment Bill 2023 was introduced in the Council by the Hon Daniel Mookhey on behalf of the Hon John Graham, after having passed the Assembly earlier in the week. The bill  amends the Casino Control Act 1992 to rule out Crown compensation in the case of changes to casino regulations, and introduces a ‘jobs guarantee’ that casino operators must comply with.

Specifically, the bill makes changes to section 156 of the Act that clarify that Crown compensation is not payable to casino operators when:

  • Changes to legislation are made that override casino commercial agreements
  • New taxes, duties, or levies are imposed
  • The Government makes a statement or announcement in preparation for regulatory action.

In his second reading speech, Mr Mookhey explained these changes would ensure the Government is able to effectively regulate casinos without the fear that doing so would result in casinos being entitled to compensation.

Meanwhile, the ‘jobs guarantee’ allows for the Treasurer to enter into an agreement that a minimum number of people are to be employed in The Star casino, with penalties for failure to comply with this agreement. Mr Mookhey said this bill would support the Government’s recent agreement with the Star to protect 3000 jobs over the next six years. Read more about the bill in Mr Mookhey’s second reading speech.

Contributions to the second reading debate were made by members of the Opposition and The Greens, and can be read in full in the Hansard record.

When the House resolved into committee of the whole, one amendment was moved by The Greens relating to the time within which jobs guarantee agreements must be tabled in Parliament. The amendment, which would change the timeframe from 10 to three days. This amendment was further amended by the Government, changing the timeframe to 10 business days. This was then agreed to on the voices.

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

With the second and third readings of the bill agreed to on the voices, the bill was returned to the Assembly, ready to be forwarded to the Governor for assent.

PASSED: INDUSTRIAL RELATIONS AMENDMENT BILL 2023

Introduced in the Council by Treasurer the Hon Daniel Mookhey, the Industrial Relations Amendment Bill 2023 passed the Assembly earlier in the week. The bill amends the Industrial Relations Act 1996 to re-establish the Industrial Court of the Industrial Relations Commission and to provide for mutual gains bargaining.

With the Industrial Court abolished in 2016, the bill reinstates this specialist court and, by amending other relevant legislation, returns to it powers that had previously been transferred to the Supreme Court, the District Court and the Commission. The result is that the re-established Industrial Court will be able to hear cases related to bargaining negotiations, work health and safety, and other issues concerning industrial relations.

The bill specifies the principles of mutual gains bargaining, including that “mutual gains bargaining is a collaborative approach to bargaining” and that it “aims to ensure that each party is satisfied that their interests have been addressed”.

The bill also repeals section 146C of the Act, which relates to the Commission’s duty to comply with government policies related to the conditions of employment for public sector employees. This would mean that employees and their unions would now be able to undertake mutual gains bargaining in the Industrial Court if there is a dispute raised against the government’s public sector awards policy. The bill also specifies that the Commission must consider the “fiscal position and outlook” of the NSW Government, and the impact their decision may have on this.

Read about the bill in more detail in the Hon Daniel Mookhey’s second reading speech, also continued here.

Contributions to the second reading debate were made by members of the Opposition, the Legalise Cannabis Party, Independents the Hon Rod Roberts and the Hon Mark Latham, as well as members of The Greens and the Government. Read all contributions in the Hansard record.

The House divided on the second reading of the bill (Ayes: 23/Noes: 12), with members of the Opposition and Liberal Democratic Party voting in the negative.

Two Opposition amendments were then considered during committee of the whole, both moved by the Hon Damien Tudehope. The first amendment was agreed to on the voices, making a small grammatical change to the section of the bill relating to mutual gains bargaining. The second amendment related to the general functions of the Commission, and was negatived on division (Ayes: 15/Noes: 23).

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

The House divided on the third reading of the bill, which was ultimately agreed to (Ayes: 24/Noes: 14, with members of the Opposition and Liberal Democratic Party voting against the third reading).

With the bill sent on to the Assembly for consideration of the changes, the House was obliged to consider an interesting procedural motion relating to the bill later in the evening.

After an amendment not agreed to during consideration in committee of the whole was accidentally included in the schedule of the amendments sent to the Assembly – then  agreed to by the other place –  the House agreed to suspend standing orders to allow a motion to be moved immediately to note the error in the schedule sent to the Assembly; to send a revised schedule to the Assembly setting out the amendment as actually agreed to by the Council; and to permit the terms of the motion agreed by the Council to be communicated to the Assembly in a message. When the message was reported to the Assembly, after some debate the other place agreed to adopt the revised schedule, with the effect that the amendment agreed to in error was laid aside.

Whilst regrettable, this error is understandable in the context of the volume of legislation during the last sitting week and the lack of sleep for officers and members alike!

The bill will now be forwarded to the Governor for assent, incorporating only the single amendment ultimately agreed to by both Houses.

PASSED: GREATER CITIES COMMISSION REPEAL BILL 2023

Introduced earlier in the sitting week, the Greater Cities Commission Repeal Bill 2023 repeals the Greater Cities Commission Act 2022 and amends the Environmental Planning and Assessment Act 1979 to abolish the Greater Cities Commission. Instead, the bill transfers the state planning responsibilities of the Commission to the upcoming Department of Planning, Housing and Infrastructure. Further details can be found in our earlier blog.

On Thursday, the interrupted second reading debate continued, with contributions heard from Independent the Hon Mark Latham, Pauline Hanson’s One Nation and the Government.

The House divided on the second reading of the bill (Ayes: 20/Noes: 17), with members of the Opposition, The Greens and the Animal Justice Party voting in the negative.

In committee of the whole, a total of seven amendments were moved by Ms Cate Faehrmann on behalf of The Greens – all negatived on division. The first set of proposed amendments related to the preparation of regional and district plans, including introducing consultation measures (negatived with Ayes: 17/Noes: 19). A further two amendments related to mediation powers and affordable housing targets (with Ayes: 15/Noes: 31), and a final amendment further related to affordable housing (with Ayes: 15/Noes: 31).

With the committee’s report adopted, the House then agreed to the third reading on the voices and the bill was returned to the Assembly, ready for the Governor’s assent.

Find full details of the debate in the Hansard record.

PASSED: CRIMES AMENDMENT (PROSECUTION OF CERTAIN OFFENCES) BILL 2023

The Crimes Amendment (Prosecution of Certain Offences) Bill 2023 was received from the Assembly on Thursday, with the House agreeing that it be considered an ‘urgent bill’, bypassing standing order 145 which would otherwise have prevented the bill being progressed past the second reading debate if introduced during the last two weeks of the session.

The bill was introduced by Parliamentary Secretary the Hon Mark Buttigieg on behalf of Treasurer the Hon Daniel Mookhey, and amends requirements under the Crimes Act 1900 for commencing prosecution of certain offences committed on the grounds of a person’s or group’s race, religion, sexual orientation, gender identity, or intersex of HIV/AIDS status.

In his second reading speech, Mr Buttigieg said the bill would streamline the process for police to prosecute people who intentionally or recklessly threaten or incite violence towards other people or groups on the above grounds. It would do so by removing the need for the Director of Public Prosecutions to always approve the prosecution for the offence. Further details can be found in Mr Buttigieg’s speech.

Contributions to the second reading debate were made by members of the Opposition, the Government, the Legalise Cannabis Party and The Greens, and Independent the Hon Rod Roberts.

The Hon Susan Carter (Opposition) moved an amendment to the question on the second reading, seeking to have the bill referred to the Council’s Portfolio Committee No. 5 – Justice and Communities Committee. This was negatived on division (Ayes: 18/Noes: 20), with members of the Government, Shooters, Fishers and Farmers, Legalise Cannabis Party, Pauline Hanson’s One Nation, Liberal Democratic Party and Independents the Hon Mark Latham, and the Hon Rod Roberts voting against the referral.

With the second reading agreed to on the voices, the House resolved into committee of the whole, where…

  • Two Liberal Democratic Party amendments were moved by the Hon John Ruddick. The first, to add a two-year ‘sunset clause’ to the bill, was agreed to on division (Ayes: 20/Noes: 18). The second, which would prevent a prosecution for an offence under s 93Z (offence of publicly threatening or inciting violence on grounds of race, religion, sexual orientation, gender identity or intersex or HIV/AIDS status) being commenced without the approval of the Director of Public Prosecutions, was also agreed to on the voices.
  • One amendment from the Hon Rod Roberts was moved on his behalf by fellow Independent the Hon Mark Latham, to allow for prosecutions to be commenced by either the Director of Public Prosecutions or a police officer – so that, in effect, the Director’s approval is not required for all relevant prosecutions. It was agreed to on division (Ayes: 20/Noes: 17).

Following the committee stage, the third reading of the bill was agreed to on division (Ayes: 34/Noes: 5), with The Greens and Animal Justice Party voting in the negative. The bill as amended was then returned to the Assembly for consideration of the changes made.

Read the full proceedings, including details of the second reading debate and committee of the whole, in Hansard.

It is noteworthy that although the amendments were agreed to by the Legislative Assembly in the early hours of Friday morning, the amendments to this bill will be subject to further review.

PASSED (BUT ULTIMATELY SET ASIDE): THOROUGHBRED RACING AMENDMENT BILL 2023

The Thoroughbred Racing Amendment Bill 2023 was introduced in Council by the Hon John Graham to amend the Thoroughbred Racing Act 1996 in relation to the term of office of the Racing NSW Chair –  extending the term of the current Chair for a further 24 months.

In his second reading speech, Mr Graham said the bill’s extension of the Chair’s term to 18 December 2025 would allow for continuation of corporate knowledge during a period of change and reform for the racing industry.

Contributions to the second reading debate were made by members of the Opposition, the Animal Justice Party, The Greens, the Government and Independent the Hon Mark Latham. Read the second reading debate in full in the Hansard transcript. The question on the second reading was agreed to on the voices.

Following the second reading debate being agreed to, Ms Hurst (Animal Justice Party) moved an instruction to committee of the whole to enable it to consider amendments that would otherwise be outside the leave of the bill relating to:

(a) the establishment of a Thoroughbred Welfare and Integrity Commission, and
(b) the operation, transparency and integrity of Racing NSW.

This instruction was necessary to facilitate the consideration of both Animal Justice Party and Opposition amendments. The motion for the instruction was agreed to on the voices.

When the House resolved into committee of the whole…

  • Four Animal Justice Party amendments were moved by the Hon Emma Hurst, to make Racing NSW a government agency subject to the control and direction of the Minister. These amendments were negatived on the voices.
  • Four Opposition amendments were moved by the Hon Damien Tudehope to increase the Parliament’s oversight of Racing NSW, enhancing ministerial responsibility and providing that financial reports and statements would be subject to audit by the Auditor-General. These amendments were agreed to on division (Ayes: 20/Noes: 17).
  • A further four Animal Justice Party amendments were also moved by Ms Hurst which, among things, sought to ensure that previous Racing NSW Chairs may not be re-appointed to the role. These amendments were negatived on the voices.
  • One amendment from The Greens,  was moved by Ms Abigail Boyd to change the extension of the chair’s term to 12 months, instead of 24. This was negatived on the voices.

With four amendments agreed to, the House divided on the third reading of the bill. During the division, the Hon Chris Rath took a point of order relating to how members of the Government were preparing to vote in the division – noting that the standing orders require that members vote in a division in accordance with their vote by voice. The President upheld this point of order, and the division was resolved in the affirmative (Ayes: 27/Noes: 10), with members of the Opposition and Government voting in the affirmative.

The bill was returned to the Legislative Assembly for consideration of the Council’s amendments, where it was then laid aside on the motion of the Minister for Gaming and Racing, the Hon David Harris –  meaning that the bill will not progress any further in the other place. Read the full Hansard transcript for these proceedings in the Council and in the Assembly.

INTRODUCED: CONSTITUTION AMENDMENT (EXECUTIVE COUNCIL) BILL 2023

Also on Thursday, the Constitution Amendment (Executive Council) Bill 2023 was introduced in the Council by the Hon John Graham to amend the Constitution Act 1902 in relation to virtual meetings of the Executive Council.

The bill would allow the Executive Council, comprising the NSW Governor and Cabinet Ministers, to meet either in person or by means of teleconference or video conference. It would also allow for the Governor, or Vice-President or senior member in their place, to preside over the meeting either in person or online.

In his second reading speech, the Hon John Graham explained that the Executive Council met virtually during the COVID-19 pandemic, providing flexibility for members. With the enabling provisions and associated regulations automatically repealed on 27 September 2023, this bill would enable them again. Read more in Mr Graham’s second reading speech.

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

FELICITATIONS

With the night’s hard adjournment time of 10pm suspended earlier in the evening, members were given a chance to share seasonal felicitations with the House after the clock struck midnight. During the debate, moved by the Hon Penny Sharpe, members thanked their staff, staff of the Parliament and yes, even each other – ending 2023 on a warm, harmonious and even humorous note! Read the felicitations in full in the Hansard transcript.

GENERAL MOTIONS

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

DOCUMENTS TABLED AND REPORTED IN THE HOUSE

Among the documents tabled and reported on Thursday were:

Also reported was the receipt of the government response to the recent State Development Committee report into the feasibility of undergrounding the transmission infrastructure for renewable energy projects.

Find all documents tabled and reported in our Tabled Papers Database.

SPECIAL ADJOURNMENT

When the House adjourned for the evening, it wasn’t just a regular adjournment – it was a ‘special adjournment’! This type of adjournment is used a couple of times each year, including for the lengthier breaks between sittings (such as during the winter and summer recesses). In this case, the House adjourned until its next sitting on 6 February 2024 (unless the President recalls the House sooner).

We’ll see you then!

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