In the House – Thursday 8 February 2024 

The first sitting week of 2024 finished in a flurry of activity with a condolence motion, debate on a matter of public importance and four bills passing the Legislative Council. A bill related to the banning of spit hoods in detention and the expansion of the functions of the NSW Sheriff’s Office were among the bills passed. Read on for more…  

Matter of Public Importance – Workplace safety in the NSW public sector 

Matter of public importance debates allow members to discuss the merits of a particular issue, without the House having to vote on the matter at the end of the debate. Indeed, the only vote related to matters of public importance is whether the debate itself should proceed in the first instance. 

On Thursday, the Hon Mark Latham (Independent) moved that the House debate the issue of workplace safety in the NSW public sector.  With the motion agreed to on the voices, contributions to the debate were made by members of the Government and the Opposition. With no requirement for a vote, on the debate concluding the motion lapsed. You can find the full record of debate in Hansard. 

Condolence Motion: The Hon Michael Egan AO 

Following the House’s earlier acknowledgement of the passing of the Hon Michael Egan AO, a condolence motion was moved by the Hon Daniel Mookhey (Labor) on Thursday.  Mr Egan was a member of the Legislative Council for more than 18 years, a former member for Cronulla in the Legislative Assembly, and Minister of the Crown, who passed away on 31 January 2024. Family and friends of Mr Egan were present for the occasion, listening from the gallery as contributions were made by members of the Government and the Opposition, as well as Independent the Hon Mark Latham. Members recounted personal stories and recalled Mr Egan’s contribution to the state as NSW’s longest serving Treasurer and a significant figure in the history of the Labor Party and the NSW Legislative Council. In particular, Mr Egan was famously Leader of the Government in the Legislative Council during the period when the Council asserted its power to order the production of documents from the Government. The ‘Egan v Willis’ case ultimately went before the High Court, which confirmed that the Council does have the power to order such documents from the government that are reasonably necessary for the Council to effect its role in scrutinising the Executive and maintaining accountability. You can read more on these famous cases in Chapter 19 of Legislative Council Practice.  

Read the condolence motion in full in the Hansard transcript. 

INTRODUCED: Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 

The Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 was introduced in the Legislative Council by Minister for the Environment, the Hon Penny Sharpe. The bill would amend the Protection of the Environment Operations Act 1997 to implement national reforms to the management of certain chemicals.  

In her second reading speech, Minister Sharpe explained that the Industrial Chemicals Environmental Management Standard (IChEMS) is a new national approach for managing the import, use and disposal of industrial chemicals. The bill will bring NSW into line with these new national standards by implementing IChEMS, and would simplify the industrial chemicals environmental management legislation by bringing all management of industrial chemicals under one Act. Further details of the bill can be read in Minister Sharpe’s second reading speech. 

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

INTRODUCED: Electoral Funding Amendment (Local Government Electoral Expenditure Caps) Bill 2024 

Also in the Council on Thursday, the Electoral Funding Amendment (Local Government Electoral Expenditure Caps) Bill 2024 was introduced by the Hon John Graham, Special Minister of State. The bill would amend the Electoral Funding Act 2018 relating to capped local government expenditure periods and local government election campaign electoral expenditure caps. 

In his second reading speech, Mr Graham explained the bill would provide for indexation of election expenditure caps ahead of the 2024 local government elections. Under the current Act, the caps are to be adjusted for inflation at the end of each election period, however with local election dates being postponed due to the COVID-19 pandemic, this normal election period didn’t occur. This bill would ensure that so long as one local government general election is held on the prescribed day the end of an election period and adjustment of the caps is triggered, even if elections in other local government areas are postponed. Read more about the bill in Minister Graham’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: Sheriff and Court Security Amendment Bill 2023 

The Sheriff and Court Security Amendment Bill 2023, which had passed the Legislative Assembly earlier in the week, was before the House on Thursday. Introduced by Parliamentary Secretary the Hon Mark Buttigieg on behalf of the Hon Daniel Mookhey, the bill amends the Sheriff Act 2005 and Court Security Act 2005 in relation to the functions of the Sheriff and the powers of Sheriff’s officers. 

Among the bill’s amendments are updates to the function of the NSW Sheriff’s Office to include providing protective security services to judicial officers, including outside court premises. It also establishes a process by which the Sheriff and Sheriff’s officers can provide emergency assistance to other agencies, such as during bushfires. 

In his second reading speech, Mr Buttigieg said the bill will clarify and update the role, function and structure of the NSW Sheriff’s Office aiming to support the continued safety and security of courts, tribunals and judicial officers in NSW.  Read more about the bill in Mr Buttigieg’s second reading speech. 

Contributions to the second reading debate were made by members of the Opposition, The Greens, the Government, and Independent the Hon Rod Roberts. See all members’ contributions in the Hansard record. The second reading of the bill was agreed to on the voices.  

When the House resolved into committee of the whole, three amendments were moved by the Hon Susan Carter on behalf of the Opposition. These amendments sought to remove the ability for Sheriff’s officers to provide security services outside of court premises. These amendments were negatived on division (Ayes: 16/Noes: 21). The full committee of the whole proceedings can be read here. 

The third reading of the bill was agreed to on the voices, with the bill then returned to the Legislative Assembly, ready to be forwarded to the Governor for assent. 

PASSED: CRIME AND CRIMINAL PROCEDURE LEGISLATION AMENDMENT BILL 2023 

The Crime and Criminal Procedure Legislation Amendment Bill 2023 was introduced in the Council by the Hon Mark Buttigieg on behalf of the Hon Daniel Mookhey, after having passed in the Legislative Assembly earlier in the week. The bill amends eight different Acts relating to crime and criminal procedure in NSW, as part of keeping the state’s statute book up to date.  

In his second reading speech, Mr Buttigieg said the amendments would generally provide clarity and make updates to the law where needed, rectifying inconsistencies and supporting the operation of agencies across the criminal justice system. Full details of the bill are available in Mr Buttigieg’s second reading speech in the Hansard record. 

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

When the House moved to the committee of the whole, one amendment was moved by the Hon Susan Carter on behalf of the Opposition seeking to delete schedule 4 of the bill. This amendment would have removed the amendments relating to the Criminal Appeal Act 1912, which allow SafeWork NSW and the Resources Regulator to commence appeals against sentence to the Court of Criminal Appeal where the regulator has carriage of the prosecution. The amendment was negatived on the voices. 

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: INSTITUTIONS LEGISLATION AMENDMENT BILL 2023 

After its passage through the Legislative Assembly, the Institutions Legislation Amendment Bill 2023 was introduced in the Council by Parliamentary Secretary the Hon Anthony D’Adam on behalf of the Hon Daniel Mookhey. The bill amends enabling legislation for four statutory bodies: the Legal Aid Commission of NSW, the Legal Profession Admission Board, the Personal Injury Commission and the Royal Institute for Deaf and Blind Children, now known as NextSense. 

In his second reading speech, Mr D’Adam said the amendments support the continued operations and functions of the four statutory bodies, in line with current needs and practices. The bill: 

• Establishes Legal Aid Review Panels to determine appeals about the provision of legal aid, 
• Confirms the that the Legal Profession Admission Board has legislative authority to continue and streamlines the board’s composition and function, 
• Extends the maximum term of an Acting Deputy President of the Personal Injury Commission from 12 months to three years, and 
• Amends the Royal Institute for Deaf and Blind Children Act 1998 to better reflect the role and functions of NextSense’s and updates their name across the Act.  

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. 

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 the forwarded to the Governor for assent. 

PASSED: DETENTION LEGISLATION AMENDMENT (PROHIBITION ON SPIT HOODS) BILL 2023 

The Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2023 was debated in the House on Thursday. The bill, which had been introduced in the Legislative Assembly late last year and passed in that House on Wednesday, would amend various Acts relating to detention to prohibit the use of ‘spit hoods’. Spit hoods are coverings that are placed over the head of a person in detention to prevent the detainee from biting or spitting on officers.  

In giving the second reading speech on behalf of the Hon Daniel Mookhey, the Hon Anthony D’Adam said that the bill stems, in part, from a decision of the Standing Council of Attorneys-General requiring each jurisdiction to review any residual use of spit hoods in detention settings. In NSW, spit hoods are not part of current practice, and the bill seeks to enshrine that position by creating a statutory prohibition on their use. Contravention of this prohibitions would not be a criminal offence, but may amount to unauthorised or unreasonable use of force, with potential disciplinary and criminal consequences for the officer in question.  

During the bill’s second reading debate, contributions were made by members of the Government, the Opposition and The Greens.  

With the second and third readings agreed to on the voices, the bill was returned to the Legislative Assembly, ready for the Governor’s assent. Find full details of the bill and its passage through the House  in the Hansard record.  

COMMITTEES: A NEW INQUIRY 

A new inquiry for the House’s Privileges Committee was reported in the chamber by the Hon Penny Sharpe (Labor). The inquiry will inquire into and report on the operation of the draft Constitution (Disclosures by Members) Regulation 2024. Find the details in Hansard here, and look out for updates about the inquiry on the committee webpage.  

GENERAL MOTIONS 

Just one general motion was agreed to without debate during the morning’s formal business, relating to the Hindu Council of Australia Deepavali Celebration 2023, moved by the Hon Mark Buttigieg (Labor).