Tuesday in the Legislative Council saw members from parties across the House contributing to a debate on a matter of public importance related to domestic and family violence in NSW. The House also debated a disallowance motion, saw one bill introduced and three passed. Read on for more…

DISALLOWANCE MOTION RELATING TO LOCAL GOVERNMENT (GENERAL) AMENDMENT (TENDERING) REGULATION (NO 2) 2023

Among the Legislative Council’s robust powers is the ability to disallow delegated legislation – that is, legislation made by the executive under the authority of the Parliament, which can include statutory rules, regulations, by-laws and other such instruments.

On Tuesday afternoon, the Council debated a motion moved by the Hon Natasha Maclaren-Jones (Liberal) to disallow the Local Government (General) Amendment (Tendering) Regulation (No 2) 2023. Under this regulation, where a local council releases a tender for domestic or waste management services that have previously been provided by council employees, the company awarded the tender must offer employment to any existing worker who performs the service, and the existing award and entitlements must transfer with the employee. The regulation defines domestic and other waste management services as: “the storage, treatment, processing, collecting, removal, disposal, destruction, sorting or recycling of domestic waste and other waste”.

During the debate, contributions were made by members of the Government and The Greens. Read all member contributions in the Hansard record.  

The disallowance motion was negatived on division (Ayes: 16/Noes: 22). Voting in the negative were members of the Government, The Greens, the Animal Justice Party, the Shooters, Fishers and Farmers Party and the Legalise Cannabis Party.

MATTER OF PUBLIC IMPORTANCE – DOMESTIC AND FAMILY VIOLENCE IN NSW

On the motion of Ms Abigail Boyd (The Greens), the House agreed to debate a matter of public importance related to domestic and family violence in NSW.

‘Matters of public importance’ allow members to debate an issue, without the requirement for a vote on the matter, with the motion lapsing at the conclusion of the debate.

Contributions to the debate were made by members of the Government, the Opposition, the Animal Justice Party, the Shooters, Fishers and Farmers Party and The Greens. Read all member contributions in full in the Hansard record here, and continued here.

INTRODUCED: MUSEUMS OF HISTORY NSW AMENDMENT (CHIEF EXECUTIVE OFFICER) BILL 2024

The Museums of History NSW Amendment (Chief Executive Officer) Bill 2024 was introduced in the Legislative Council on Tuesday by the Hon John Graham (Labor) in his capacity as Minister for the Arts. This bill seeks to amend the Museums of History NSW Act 2022 and the Government Sector Employment Act 2013 to change the way the Chief Executive Officer (CEO) of Museums of History NSW is appointed, moving from a statutory appointment under the Museums of History NSW Act 2013 to employment in the public service under the Government Sector Employment Act 2013. This change would bring the Museums of History’s arrangements into line with other cultural institutions in NSW.

In his second reading speech, Mr Graham explained that the changes proposed in this bill would allow the Minister for the Arts to appoint a person employed under the Government Sector Employment Act 2013 to the office of CEO, provided that the Minister consults with the Board before confirming this appointment. Read more about the bill in Mr Graham’s second reading speech.

Following the introduction of the bill, debate was adjourned for five calendar days, according to standing order.

PASSED: PROPERTY NSW AMENDMENT BILL 2024

The Property NSW Amendment Bill 2024 passed the Council on Tuesday, after having passed the Legislative Assembly in the previous sitting week. This bill makes miscellaneous amendments to the Property NSW Act 2006 in relation to formal renaming of the entity ‘Property NSW’ to ‘Property and Development NSW’.

Property and Development NSW is the central property agency for the NSW Government and has been trading as such since 2022. It is responsible for a range of activities related to the acquisition, management and maintenance of land. In his second reading speech, the Hon Mark Buttigieg (Labor), explained that in addition to formally changing the name of the agency, the bill expands and clarifies its functions to include entering into leases and license for the use of land and buildings for government use as well as the acquisition, management and remediation of contaminated land. The bill will also allow for the establishment of “wholly owned subsidiary corporations”, allowing for the separation of assets held by the agency.

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

PASSED: HEALTH PRACTITIONER LEGISLATION AMENDMENT BILL 2024

Also passing the Council on Tuesday was the Health Practitioner Legislation Amendment Bill 2024. This bill makes miscellaneous amendments to the Health Care Complaints Act 1993 and Health Practitioner Regulation (Adoption of National Law) Act 2009. These two Acts govern the management of complaints against registered and non‑registered health practitioners. The amendments proposed in the bill aim to streamline the complaints process, update outdated terminology and provide clarity in certain areas.

In his second reading speech, the Hon Mark Buttigieg (Labor) explained that the bill would make changes that clarify that health professional councils can take immediate action to suspend or impose conditions on a registered health practitioner while a complaint about the practitioner is being investigated or dealt with by the commission at the same time. Among other miscellaneous amendments, the bill would allow the commission to accept an oral withdrawal of a complaint, where currently this must be given in writing. 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 and The Greens. Read member contributions in full 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 Assembly, ready to be forwarded to the Governor for assent.

PASSED: BETTER REGULATION, FAIR TRADING AND OTHER LEGISLATION AMENDMENT BILL 2024

Late on Tuesday, the Better Regulation, Fair Trading and Other Legislation Amendment Bill 2024 passed the Legislative Council, after having passed the Assembly earlier in the day. The Hon Anthony D’Adam (Labor) explained that the bill amends 22 principal Acts, one amendment Act and seven regulations administered by the Minister for Better Regulation and Fair Trading with the aim of keeping the legislation up to date, including by addressing developments in digital technology and providing clarity in key areas.

In his second reading speech, Mr D’Adam explained that the bill seeks to ensure that legislation in the portfolio of Better Regulation and Fair Trading remains relevant, fit-for-purpose and in line with modern technology and practices. 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 and The Greens. Read member contributions in full 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 Assembly, ready to be forwarded to the Governor for assent.

COMMITTEE REPORTS & ‘TAKE NOTE’ DEBATES

‘Take note’ debates on committee reports took place on Tuesday. See the links below for the full overviews in the Hansard record:

GENERAL MOTIONS

The following motions were agreed to without debate, during formal business:

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