It was a busy and diverse day of private members’ business in the Legislative Council on Wednesday. With three bills introduced, and two debated, the House heard about a variety of topics including public alcohol consumption, a proposed exemption for Sikhs wearing helmets on motorbikes and the disallowance of a policy amendment. The House also agreed to five orders for papers and debated many and varied private members’ motions. Read on for more…

Early on Wednesday, the Alcohol Consumption in Public Places (Liberalisation) Bill 2024 was introduced in the House by the Hon John Ruddick (Libertarian Party). This bill seeks to remove restrictions on the consumption of alcohol in public places.

In his second reading speech, Mr Ruddick explained that the bill seeks to confer the right to consume alcohol in public places, including those defined under the Crown Land Management Act 2016, the Local Government Act 1993 and land held by a statutory body or a NSW government agency. The bill would exclude the consumption of alcohol in places within the meaning of the Roads Act 1993, unless recreational activities are permitted on the road. It would also include exceptions to the public places where alcohol can be consumed, including those that are deemed to be of ‘cultural or religious significance’. Read more about the bill in Mr Ruddick’s second reading speech.

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

Also on Wednesday, the Environmental Planning and Assessment Amendment (Disallowance of Transport Oriented Development SEPP) Bill 2024 was introduced by the Hon Scott Farlow (Liberals). This bill would amend the Environmental Planning and Assessment Act 1979 to enable State Environmental Planning Policy (Housing) Amendment (Transport Oriented Development) 2024 (TOD SEPP) to be disallowed by Parliament. This amendment to the State Environmental Planning Policy (Housing) 2021 created the Transport Oriented Development Program (TOD), a land use planning program that encourages development around transport hubs to increase housing density – a keystone Government policy.

In his second reading speech, Mr Farlow explained that the bill seeks to make the TOD SEPP subject to sections 40 and 41 of the Interpretation Act 1987. This would allow either House of

Parliament to pass a resolution disallowing the TOD SEPP. (Unlike a bill which requires a vote of both Houses to pass, a disallowance motion requires a vote of only one House.) Mr Farlow explained that the bill itself does not abolish the TOD SEPP, but it provides a means by which the House can do so in the same way they can disallow statutory rules, regulations, by-laws and other such instruments. Read more about the bill in Mr Farlow’s second reading speech.

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

Also introduced in the Legislative Council on Wednesday was the Road Rules Amendment (Helmets—Sikh Exemption) Bill 2024. This bill, introduced by Ms Cate Faehrmann (The Greens), seeks to amend the Road Rules 2014 to exempt a follower of the Sikh religion who is wearing a turban from the requirement to wear an approved helmet while riding a motor bike, electric scooter or bicycle.

In her second reading speech, Ms Faehrmann explained that this bill would provide an exemption for Sikhs from the Road Rules based on religious grounds. All other jurisdictions in Australia have enacted exemptions for Sikhs wearing helmets on bicycles. International jurisdictions, including the United Kingdom, New Zealand and parts of Canada have also introduced exemptions to rules allowing Sikhs wearing turbans to ride motorbikes and scooters without helmets. Read more about the bill in Ms Faehrmann’s second reading speech.

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

Debate on the Limitation and Civil Liability Amendment (Permanent Stays) Bill 2024 continued on Wednesday. This bill, previously introduced by the Hon Jeremy Buckingham (Legalise Cannabis Party), seeks to amend the Limitation Act 1969 and the Civil Liability Act 2002 in relation to permanent stays in child abuse claims. Read more about the bill in our previous blog .

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

Further debate on the bill was adjourned until a future sitting of the House.

Also debated in the Council on Tuesday was the Anti-Discrimination Amendment (Heterosexual Discrimination) Bill 2024. This bill, previously introduced by the Hon Mark Banasiak (Shooters, Fishers and Farmers Party), seeks to amend the Anti-Discrimination Act 1977 to prohibit discrimination against a person on the grounds of the person’s heterosexuality.  

Contributions to the second reading debate were made by members of the Opposition, The Greens and the Government. Read all member contributions in the Hansard record.

Further debate on the bill was adjourned until a future sitting of the House.

The following motions were debated in the House over the course of the day:

Topic of motionMoved byAgreed to?
NSW manufacturing industryThe Hon Dr Sarah Kaine (Labor)Agreed to
Short-term rental accommodation proposed leviesThe Hon Taylor Martin (Independent)Agreed to, as amended
Health workers for PalestineDr Amanda Cohn (The Greens)Amended, debate adjourned
Overseas government interference in Australian politicsThe Hon Mark Latham (Independent)Agreed to
Impact of wild horses in Kosciuszko National ParkThe Hon Bob Nanva (Labor)Agreed to
Future of shark meshing programThe Hon Emma Hurst (Animal Justice Party)Agreed to, as amended
80th anniversary of the Normandy LandingsThe Hon Rachel Merton (Liberal) on behalf of the Hon Natasha Maclaren-JonesAgreed to
Emissions reductions targetsMs Sue Higginson (The Greens)Debate interrupted

In addition to the above motions debated in the chamber, the following motions were agreed to without debate, during the morning’s formal business:

RequestMoved byAgreed to?Due date
Sexual assaults at public schoolsThe Hon Sarah Mitchell (Nationals)Agreed to 26 June 2024
School budget allocationsThe Hon Sarah Mitchell (Nationals)Agreed to, as by leave amended3 July 2024
Closure and extension of Eraring Power Station – Amendment to Resolution – Further OrderThe Hon Jacqui Munro (Liberal)Agreed to, as by leave amended  26 June 2024
Cootamundra Health Draft Service PlanThe Hon Sarah Mitchell (Nationals)Agreed to, as by leave amended3 July 2024
Racecourse Housing Development Proposals – Further OrderThe Hon Scott Farlow (Liberal)Agreed to  26 June 2024

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