The Legislative Council’s Thursday sitting extended to 21 hours as the House debated and passed three bills and introduced one other. Bills related to the granting of bail for young people and a ban on gay conversion therapy dominated the day’s debates with the House sitting through the night to consider numerous amendments and ultimately pass each of these bills. Read on for more…
MATTER OF PUBLIC IMPORTANCE: IMPORTANCE OF INTEGRITY AND HONESTY IN THE USE OF PUBLIC MONEY
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 the importance of integrity and honesty in the use of public money. With the motion agreed to on division (Ayes: 19/Noes: 18), contributions were made by members of the Government, the Shooters, Fishers and Farmers Party, The Greens and the Government. With no requirement for a vote, on the debate concluding the motion lapsed. Find the full debate in the Hansard record.
PRESIDENT’S STATEMENT – BICENTENARY OF THE LEGISLATIVE COUNCIL
The President made a statement to the House about the program of events for the 2024 Bicentenary of the Legislative Council which includes a regional tour of NSW, and a series of seminars delving into the Council’s complex, colourful and unique history. The President also announced the commission of a Bicentenary Aboriginal Artwork by artist Kim Healey and a Young Aboriginal Leaders program which will support young Aboriginal people as they develop into leaders of the future in their communities. Read the full statement in the Hansard transcript. Find out more and to register for our first seminar on the Bicentenary website.
PASSED: ENVIRONMENTAL PROTECTION LEGISLATION AMENDMENT (STRONGER REGULATION AND PENALTIES) BILL 2024
The Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024 passed the Legislative Council on Thursday. The bill amends 11 different Acts to strengthen environmental regulation and to increase penalties for those who are found guilty of environmental crime.
In her second reading speech, Minister the Hon Penny Sharpe explained that penalties for many serious environmental offences haven’t changed since 2005. With the recent high-profile discoveries of asbestos in contaminated mulch in Sydney, the Environmental Protection Authority (EPA) has engaged in one of its largest investigations in decades. This bill seeks to increase penalties for these kinds of environmental offences with the aim of enhancing the environmental protections that the EPA can enforce. The bill would also allow the EPA to apply to the Land and Environment Court for orders to ban serial and repeat offenders from obtaining Environment Protection Licences.
Read more about the bill in Ms Sharpe’s second reading speech.
Contributions to the second reading debate were made by members of the Opposition, The Greens, and the Government. Read all members’ contributions in the Hansard record.
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.
PASSED: BAIL AND CRIMES AMENDMENT BILL 2024
Also passed in the Legislative Council on Thursday was the Bail and Crimes Amendment Bill 2024. This bill amends the Bail Act 2013 in relation to bail for young people & certain serious offences. It would also create a new offence in the Crimes Act 1900 related to ‘performance crimes’.
In his second reading speech, the Hon Daniel Mookhey (Labor) explained that during the 2022-23 period there was an increase in motor vehicle theft and break and enter crimes committed by young people. There has also been a reported rise in these crimes being filmed and shared on social media. This bill seeks to prevent young people between the ages of 14 and 18 who are alleged to have taken part in these crimes being released on bail if they are already on bail for another offence. The bail authority must have a “high degree of confidence” that they will not commit another crime to be granted bail.
The bill defines a ‘performance crime’ as a motor theft offence or a break and enter offence that the offender records and disseminates to advertise their crimes, either on social media or otherwise.
The bill provides that an offender who commits a performance crime offence is liable for a maximum penalty that equals the total of the following – the maximum penalty for the motor theft offence or breaking and entering offence, and imprisonment for 2 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, The Greens, the Government, the Animal Justice Party, the Legalise Cannabis Party and Independents members the Hon Mark Latham and the Hon Rod Roberts. Read all members’ contributions in the Hansard record, and continued here.
The second reading of the bill was agreed to on division (Ayes: 27/Noes: 6), before the House resolved into committee of the whole.
During committee of the whole the Opposition moved seven amendments and The Greens moved 20 amendments.
Among the amendments moved by Ms Sue Higginson on behalf of the Greens, amendments sought to change the requirement for the bail authority to have a “high degree of confidence” that the offender would not commit another crime to simply having “confidence”, require the bail authority to consider available bed space if bail is refused, and raise the age that these bail provisions would apply to from 14 to 16 years. All amendments moved by Ms Higginson on behalf of The Greens were negatived on division. See the Hansard record for a full breakdown of each division.
The Hon Susan Carter moved amendments on behalf of the Opposition which sought to:
- Require reports from the Bureau of Crime Statistics and Research at six, nine and 12 months after the bill’s assent to assess its effectiveness. These were negatived on division (Ayes: 13/Noes: 19)
- Extend the crimes that would be covered by the ‘performance crimes’ offence to include other seriously indictable offences. These amendments were negatived on division (Ayes: 14/Noes: 19)
With no amendments made, the bill’s third reading was agreed to on division (Ayes: 23/Noes: 6) and it was returned to the Legislative Assembly, ready for the Governor’s assent.
INTRODUCED: HEALTH LEGISLATION AMENDMENT (MISCELLANEOUS) BILL 2024
The Health Legislation Amendment (Miscellaneous) Bill 2024 was introduced in the Legislative Council by Minister Rose Jackson on Thursday. The bill proposes miscellaneous amendments to nine Acts relating to health and associated matters; and the repeal of the Health Services Amendment (Ambulance Services) Act 2015.
The bill introduced on Thursday is outlined in detail in the Hon Rose Jackson’s second reading speech. Schedules 1 to 9 of the bill propose minor amendments to ensure legislation within the Health portfolio remains up to date and relevant, and ensure that Acts operate effectively. The objective of repealing the Health Services (Ambulances Services) Amendment Act 2015 is to tidy up historical legislation that passed in 2015 and did not commence.
With the Minister having summarised the intent of the bill in her second reading speech, debate on the bill was adjourned until a future sitting of the House.
PASSED: CONVERSION PRACTICES BAN BILL 2024
The Conversion Practices Ban Bill 2024 passed the Legislative Council early on Friday morning, with debate stretching through the night from late on Thursday evening. The bill, which had been introduced in the Legislative Assembly the preceeding week, and passed in that House on Wednesday, would prohibit conversion practices intended to change or suppress another person’s sexual orientation or gender identity.
“Conversion practices” are defined extensively in the bill, and the definition excludes certain matters in medical, religious or familial settings. The bill also creates criminal offences relating to conversion practices and creates a civil complaints scheme.
In giving the second reading speech, the Hon Penny Sharpe (Labor) shared the stories of a number of individuals who had been subjected to conversion therapy. She explained that extensive consultation had taken place during the drafting of the bill, with stakeholders ranging from people with lived experience of conversion practices to faith-based groups and academics. Read more about the bill in Ms Sharpe’s second reading speech.
During the bill’s second reading debate, contributions were made by members of the Government, the Opposition, The Greens, the Animal Justice Party, the Liberal Democratic Party, Pauline Hanson’s One Nation and Independents the Hon Rod Roberts and the Hon Mark Latham. See all members’ contributions in the Hansard record, and continued here.
When the House resolved into committee of the whole, 68 amendments were moved on behalf of The Greens, the Shooters, Fishers and Farmers, Pauline Hanson’s One Nation, The Opposition and the Liberal Democratic Party. The Hon John Ruddick, of the Liberal Democratic Party moved a series of amendments that would have the effect of omitting conversion practices insofar as they relate to gender identity from the scope of the bill (similar amendments were proposed by One Nation and the Shooters, Fishers and Farmers Party). Both The Greens and the Opposition moved amendments to clause 3, concerning the definition of ‘conversion practices’. The Greens amendments would have had the effect of expanding the circumstances in which the prohibitions on conversion practices apply. The Opposition amendments concerned the scope of the exemptions relating to religious beliefs and conversion practices and would have expanded the scope of familial exemptions to a wider range of relatives. See a full list of amendments on the bill webpage.
Although the House divided on 15 occasions, in each instance the amendments moved were negatived. The bill ultimately passed second reading, unamended, on division (Ayes: 22/Noes: 4).
With no amendments made, the third reading of the bill was agreed to on the voices and the bill was returned to the Legislative Assembly, ready for the Governor’s assent.
GENERAL MOTIONS
The following motions were agreed to without debate, during the morning’s formal business:
- Service of Ms Margaret Crawford as Auditor-General of NSW, moved by the Hon Daniel Mookhey (Labor)
- Passing of to John Taylor, moved by the Hon Robert Borsak (Shooters, Fishers and Farmers)
- Mr Peter Mylonas, also moved by Mr Borsak
- Passing of Mr Christopher Pratten, also moved by Mr Borsak
- Establishment of Eileen O’Connor School, moved by the Hon Susan Carter (Liberal)
- Eight Taiwanese Election, moved by the Hon Jacqui Munro (Liberal)
- SHARE’s Diwali Celebration 2023, moved by the Hon Mark Buttigieg (Labor)
- Bowen Community Technology Centre, moved by the Hon Sam Farraway (National)
DOCUMENTS TABLED AND REPORTED IN THE HOUSE
On Thursday, the second Delegated Legislation Monitor report published by the Legislative Council Regulation Committee was tabled in the House. A full list of other reports received and tabled can be found in the Tabled Papers Database.