The Legislative Council was back on Tuesday with three bills passing the House related to ICAC, combat sports and the care and protection of children. The House was also notified of a new committee inquiry, with the Social Issues Committee to inquire into the ability of local governments to fund infrastructure and services. Read on for more…

PASSED: INDEPENDENT COMMISSION AGAINST CORRUPTION AMENDMENT BILL 2024

The Independent Commission Against Corruption Amendment Bill 2024 passed the Legislative Council on Tuesday, after having passed the Legislative Assembly in the previous sitting week. The bill makes two key amendments to the Independent Commission Against Corruption Act 1988 related to the disclosure of information and corruption prevention recommendations.

The bill amends the section of the Act related to secrecy which stipulates that ICAC officers, legal practitioners and related people cannot divulge, communicate or share information related to their inquiries. The bill would amend the Act to allow these people to disclose that information when ordered to by the commissioner or inspector, especially when it is in the public interest.

The bill also extends the requirement for corruption prevention recommendations to be provided to Ministers of the Crown as well as Presiding Officers and Parliamentary Committees. The Act currently only requires that these recommendations are shared with a “relevant public authority”, which includes public service agencies, statutory bodies, local government authority and the NSW Police Force. The impact of this change is that a Minister of the Crown would now have a duty to inform the ICAC in writing within three months whether it plans to implement plan of action in response to the recommendation and, if so, share the plan of action.

In his second reading speech, the Hon John Graham explained that the bill implements recommendation 8 from the ICAC’s report Operation Keppel related to the conduct of the then Member for Wagga Wagga and then Premier.

Further details of the bill can be read in Minister Graham’s second reading speech.

Contributions to the second reading debate were made by members of the Opposition, the Government and The Greens. Read the full debate 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 Assembly ready to be forwarded to the Governor for assent.

PASSED: COMBAT SPORTS AMENDMENT BILL 2024

Also passed in the Legislative Council on Tuesday was the Combat Sports Amendment Bill 2024. The bill amends the Combat Sports Act 2013 and the Combat Sports Regulation 2014 and implements recommendations from the Combat Sports Authority of NSW’s review of the Act.

In the Act, combat sports are defined as “any sport, martial art or activity in which the primary objective of each contestant in a contest, display or exhibition of that sport, art or activity is to strike, kick, hit, grapple with, throw or punch one or more other contestants”.

The bill’s numerous provisions seek to introduce important safety features to the sport aimed at protecting participants. These include prescribing the circumstances in which a contest should be stopped for health and safety reasons, and setting rules mandating the medical equipment that should be present at all combat sports events.

In his second reading speech the Hon Mark Buttigieg explained that the reforms enacted in this bill have been requested and endorsed by combat sport stakeholders. 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 and the Government. Read the full debate in the Hansard record.

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

PASSED: Children and Young Persons (Care and Protection) Amendment Bill 2024

Also passing the Council on Tuesday was the Children and Young Persons (Care and Protection) Amendment Bill 2024. The bill was introduced by the Hon Anthony D’Adam on behalf of the Hon Penny Sharpe and amends the Children and Young Persons (Care and Protection) Act 1998 in relation to the ‘extraterritorial’ application of the Act to children and young people outside NSW. An ‘extraterritorial’ law is one that is valid outside of the jurisdiction in which it is enacted in.

The bill seeks to clarify that the Act, which relates to child protection and care orders, applies to children and young people who are not currently present in NSW, or who ordinarily live in a different jurisdiction.

In his second reading speech, the Hon Anthony D’Adam explained that the changes outlined in the bill arose from a recent New South Wales Court of Appeal decision in the case of DN v Secretary, Department of Communities and Justice. This decision held that under the current Act, the NSW Children’s Court has no jurisdiction to make or vary orders for children and young people who don’t ordinarily live, or aren’t currently present, in NSW when orders are made. The bill intends to make it clear that the legislative intention of the bill is that the Act applies to children and young people with a sufficient connection to NSW, and the bill outlines a number of non-exhaustive factors that can indicate this, including that they are subject of a care order or have an ongoing familial connection to NSW. Read more about the bill in Mr D’Adam’s second reading speech.

Contributions to the second reading debate were made by members of the Opposition, The Greens, and the Government. Read the full debate in the Hansard record here and continued here.

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

GENERAL MOTIONS

During the morning’s formal business a motion about Sydney Multicultural Community Services, moved by the Hon Mark Buttigieg, was agreed to. (Labor)

IN COMMITTEES

One new Upper House inquiry was reported in the chamber on Tuesday. The Hon Emily Suvaal (Labor) as Chair of the State Development Committee, informed the House that the committee has adopted an inquiry into the ability of local governments to fund infrastructure and services (with the terms of reference available in Hansard). Find out more about the inquiry, including about submissions and hearings, on the inquiry webpage.

Also in committees, the reporting dates of two inquiries were extended:

During time allocated to committee debate, the House continued a ‘take note debate’ on the Health Committee report Current and potential impacts of gold, silver, lead and zinc mining on human health, land, air and water quality in New South Wales, which was tabled in December 2023. Read the full debate in Hansard.

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