It was a busy private members’ business day on Wednesday in the Legislative Council. The House saw two bills introduced, one related to permanent stays in child sex abuse claims and one related to puppy farms. Motions on topics ranging from the harmful effects of social media to the NSW state flag were debated, and three orders for papers were agreed to. Read on for more…
INTRODUCED: LIMITATION AND CIVIL LIABILITY AMENDMENT (PERMANENT STAYS) BILL 2024
Early on Wednesday, the Limitation and Civil Liability Amendment (Permanent Stays) Bill 2024 was introduced to the Legislative Council by the Hon Jeremy Buckingham (Legalise Cannabis Party). This bill seeks to amend the Limitation Act 1969 and the Civil Liability Act 2002 in relation to permanent stays in child abuse claims.
A ‘permanent stay of proceedings’ is a legal defence whereby a case is permanently stopped from going ahead because the lapse of time makes a fair trial impossible. Currently, there is a limitation period by which child abuse claims must be made and a permanent stay comes into effect. This bill seeks to enshrine in legislation the common law position adopted in GLV v The Roman Catholic Church.
This bill seeks to limit the ability of defendants to argue for a permanent stay purely because of the passage of time in child abuse actions, it also inserts into the Limitations Act an acknowledgement of the reasons why these limitation periods would be removed. These include that the life-long harm of child abuse can prevent a person from bringing a claim for damages for years or decades after. The bill also sets out a requirement for courts to make certain considerations when determining a stay in proceedings in relation to a child abuse claims. These considerations include that a stay of proceedings is a remedy of last resort, and that the passing of time, loss of evidence, death, illness or legal incapacity are not used to justify a stay of proceedings. Read more about the bill in Mr Buckingham’s second reading speech.
Following the introduction of the bill, debate was adjourned for five calendar days, according to standing order.
INTRODUCED: COMPANION ANIMALS AMENDMENT (PUPPY FARMS) BILL 2024
Also introduced in the Legislative Council on Wednesday was the Companion Animals Amendment (Puppy Farms) Bill 2024. This bill, introduced by the Hon Emma Hurst (Animal Justice Party) seeks to amend the Companion Animals Act 1998 to regulate the businesses that may breed companion animals, including setting limits to how many fertile female dogs and cats may be acquired for the purpose of breeding.
The bill sets out that a ‘business code of practice’ must be published by the Department with statutory oversight of companion animals that specifies standards for the conduct of companion animal businesses, including how animals are kept, treated and handled, as well as the facilities, equipment and conditions at the premises. The bill seeks to regulate companion animal businesses through various methods, including enforcing the registration of their premises with their local council and introducing restrictions on who can operate these businesses. Under the bill, a council must refuse registration of anyone previously convicted of an animal cruelty offence. Read more about the bill in Ms Hursts second reading speech, and continued here.
Following the introduction of the bill debate on the bill was adjourned for five calendar days according to standing order.
GENERAL MOTIONS
The following motions were debated in the House over the course of the day:
| Topic of motion | Moved by | Agreed to? |
| Harmful effects of screen-related addition and social media | The Hon Sarah Mitchell (Nationals) | Agreed to |
| Non-compliant logging in State Forests | Ms Sue Higgingson (The Greens) | Negatived, on division (Ayes: 6/Noes: 33) |
| Incident at Christ the Good Shepherd Church, Wakeley | The Hon Mark Buttigieg (Labor) | Agreed to, as amended |
| Compensation for communities on the Humelink Energy Transmission project route | The Hon Wes Fang (Nationals) | Agreed to |
| Working and sporting dogs in NSW | The Hon Robert Borsak (Shooters, Fishers and Farmers Party) | Agreed to |
| Gendered violence and gambling | Ms Cate Faehrmann (The Greens) | Agreed to, on division (Ayes: 33/Noes: 3), as by leave amended |
| New South Wales State Flag | The Hon Rachel Merton (Liberal) | Agreed to |
| Censure of Ms Abigail Boyd MLC – misuse of electoral allowance and statements to Portfolio Committee No. 1 – Premier and Finance | The Hon Mark Latham (Independent) | Negatived, on division (Ayes: 5/Noes: 29) |
In addition to the above motions debated in the chamber, the following motions were agreed to without debate, during the morning’s formal business:
- ‘Back Lismore’ campaign and recovery Lismore after the floods, moved by the Hon Aileen Macdonald (Liberal)
- World Down Syndrome Day 2024 and ‘Lots of Socks’ campaign, as by leave amended, also moved by Ms Macdonald
- 3rd anniversary of Uniting’s Foyer Central, also moved by Ms Macdonald
- Business NSW inaugural New England North West Regional Leadership Summit 2024, also moved by Ms Macdonald
- May Day March 2024, moved by the Hon Cameron Murphy (Labor)
- Opening of Lake Cathie Ambulance Station, also moved by Mr Murphy
- Mabo Day 2024, also moved by Mr Murphy
- International Day Against Homophobia, Biphobia, Interphobia and Transphobia 2024, also moved by Mr Murphy
- Opening of Barton Park Recreational Precinct, Banksia, moved by the Hon Mark Buttigieg (Labor)
- St Stanislaus College Easter Show results, moved by the Hon Sam Farraway (Nationals)
- Scots All Saints College Bathurst’s Sydney Royal Easter Show 2024, also moved by Mr Farraway
- Bathurst Men’s Walk and Talk group, also moved by Mr Farraway
- Eurovision Song Contest 2024, moved by the Hon Susan Carter (Liberal).
ORDERS FOR PAPERS
| Request | Moved by | Agreed to? | Due date |
| Closure and extension of Eraring Power Station | The Hon Jacqui Munro (Liberal) | Agreed to, as by leave amended | 29 May and 12 June 2024 |
| Assisted reproductive technology | The Hon Jacqui Munro (Liberal) | Agreed to, as by leave amended | 5 June 2024 |
| Tomaree Lodge Site use report | The Hon Taylor Martin (Independent) | Agreed to | 5 June 2024 |
IN COMMITTEES
Among the day’s general motions, the House agreed to a motion, moved by the Hon Scott Farlow (Liberal), as by leave amended, that a select committee be established to inquire into the proposal to develop the Rosehill Racecourse. The House also agreed to a motion, moved by the Hon Emily Suvaal (Labor) to establish a Joint Select Committee on Arts and Music Education and Training in NSW. Stay tuned for more information about both of these new upcoming inquiries.
A motion was also moved by Ms Tania Mihailuk (Pauline Hanson’s One Nation Party), calling on the Standing Committee on Law and Justice to inquire into and report on the effectiveness of the recent legislative changes for knife offences in NSW. This motion was negatived on division (Ayes: 16/Noes: 23).
Also in committees, Ms Abigail Boyd, Chair of the Education Committee notified the House that the committee has extended its reporting date for the inquiry into children and young people with disability in NSW educational settings to 8 August 2024.
DOCUMENTS TABLED AND REPORTED IN THE HOUSE
The fourth 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.
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