It was a historic day in the Legislative Council on Thursday as the Government issued a formal State apology for the criminalisation of homosexuality in NSW. As well as this, the House passed bills related to knife crime and bail laws for domestic violence offences and saw the introduction of four further Government bills. Read on for more…

APOLOGY FOR THE CRIMINALISATION OF HOMOSEXUALITY

2024 marks 40 years since the Crimes (Amendment) Bill 1984 passed both Houses of NSW Parliament decriminalising homosexual activity in NSW.

On Thursday, the Government moved a State apology for the criminalisation of homosexuality in both Houses of Parliament. In the Upper House, the Leader of the Government in the Legislative Council the Hon Penny Sharpe, moved the motion on behalf of the Government.  

The motion, for which there was strong bipartisan support:

  • Apologised unreservedly to those convicted under discriminatory laws that criminalised homosexual acts,
  • Recognised and regrets NSW Parliament’s role in enacting laws and endorsing policies of successive governments decisions that criminalised, persecuted and harmed people based on their sexuality and gender,
  • Recognised the trauma people of diverse sexualities have endured and continue to live with, and
  • Acknowledges that there is still further work to be done to ensure the equal rights for the LGBTQI+ community.

Members from the Opposition, The Greens, the Government, the Legalise Cannabis Party and the Nationals spoke in support of the motion. Read all member contributions in the Hansard record.

PASSED: Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024

The Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024 passed the Legislative Council on Tuesday. This bill seeks to amend the Law Enforcement (Powers and Responsibilities) Act 2002 to provide for a trial of powers for police to use hand-held scanners to search people for knives and other weapons. The bill would also amend the Summary Offences Act 1988 in relation to offences involving the sale of knives to children. Read more in our previous blog about the bill.

Following the adjourned debate on Tuesday, a further contribution was made by the Hon Tania Mihailuk (Pauline Hanson’s One Nation Party). Read this contribution in the Hansard record. The question on the second reading was then agreed to on the voices.

When the committee resolved into committee of the whole…

  • 13 amendments were moved by the Hon Susan Carter on behalf of the Opposition. These amendments sought to remove location and time-based restrictions for the police powers set out in the bill. These amendments were negatived on division (Ayes: 14/Noes: 21).
  • 9 amendments were moved by Ms Sue Higginson on behalf of The Greens. These amendments would change how ‘designated areas’ are declared and would exempt children under the age of 14 from being subject to searches without the presence of a guardian. The amendments would also add in requirements for police prior to carrying out a search and the record keeping of the use of these powers. These amendments were negatived on the voices.
  • 1 amendment was moved by the Hon John Ruddick on behalf of the Libertarian Party which would shorten the statutory review period from 24 months to 12 months. This amendment was agreed to on the voices.

Read the full committee of the whole proceedings in the Hansard record, and continued here.

The bill’s third reading was agreed to on the voices and it was returned to the Legislative Assembly, for consideration of the amendments.

INTRODUCED: RICE MARKETING AMENDMENT BILL 2024

The Rice Marketing Amendment Bill 2024 was introduced by the Hon Tara Moriarty in her capacity as the Minister for Agriculture. The bill seeks to amend the Rice Marketing Act 1983 to provide for the partial and complete end to rice vesting arrangements in NSW.

In her second reading speech, Ms Moriarty explained that under the Rice Marketing Act 1983, all rice grown in NSW must be vested in the Rice Marketing Board, a NSW statutory authority. The Rice Marketing Board has sole responsibility for marketing the rice vested in it. The board appoints authorised buyers to buy and sell rice on its behalf and currently, a single export licence has been issued to one authorised buyer: Ricegrowers Limited, better known as Sunrice. This arrangement gives Sunrice the exclusive right to export rice grown in NSW.

This bill seeks to initially exclude rice grown in the Northern Rivers region, a new rice growing region in the state, from the operations of the Rice Marketing Act 1983, and will then provide for the eventual winding up and dissolution of the Rice Marketing Board. Ms Moriarty explained that agriculture marketing structures, such as the Rice Marketing Board, were once common but this is now the only remaining such structure in Australia with all other agricultural markets deregulated.

Read Ms Moriarty’s second reading speech in the Hansard record to find out more about the bill.

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

INTRODUCED: Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024

Also in the Legislative Council on Thursday, the Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 was introduced. This bill seeks to amend the Prevention of Cruelty to Animals Act (POCTAA) 1979 to improve transparency in animal welfare enforcement activities and to extend the circumstances by which certain people convicted of animal cruelty offences can be prevented from keeping and breeding companion animals.

In her second reading speech, Ms Moriarty explained that there are currently two charities approved to carry out compliance and enforcement action under POCTAA: RSPCA NSW and the Animal Welfare League NSW. The bill seeks to subject these organisations to an external complaints mechanism via the NSW Ombudsman and would clarify that they are subject to the requirements of the Government Information (Public Access) Act 2009 (GIPA). The bill also stipulates that the Minister administering POCTAA must table the annual reports of each of these charities in each House of Parliament and that these reports must include number of requests received under the GIPA Act, including a breakdown of what the requests related to. As well as this, the bill sets guidelines for how people appointed as inspectors under POCTAA are appointed. In relation to restrictions placed around those convicted of animal cruelty offences, the bill expands the requirements by which a court must make a disqualification order to include those who have be found guilty of these offences on multiple occasions.  Read more about the bill in Ms Moriarty’s second reading speech.

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

INTRODUCED: Government Sector Employment and Other Legislation Amendment Bill 2024

The Government Sector Employment and Other Legislation Amendment Bill 2024 was also introduced to the Legislative Council on Thursday by the Hon John Graham. This bill would amend the Government Sector Employment Act 2013 by making changes to the functions carried out by the Public Service Commissioner. It would also amend the NSW Reconstruction Authority Act 2022 in relation to the appointment of the CEO of the NSW Reconstruction Authority.

In his second reading speech, Mr Graham explained that the bill’s proposed changes to functions of the Public Service Commissioner arose from an ongoing review that the Cabinet Office is conducting. The bill will amend the Commissioner’s functions as an independent statutory authority to include leading the strategic development and management of the government sector workforce in relation to recruitment, equity and diversity, conduct and compliance with ethical standards, learning and development and executive employment arrangements. Mr Graham suggested that other functions, including workplace reform and planning may be more effectively carried out by a central agency. This bill also removes the requirement that the CEO of the NSW Reconstruction Authority to be employed in a band 4 secretary-level role bringing this role into line with employment arrangements for other executive agency heads. Read more about the bill in Mr Graham’s second reading speech.

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

INTRODUCTION: STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL 2024

The Statute Law (Miscellaneous Provisions) Bill 2024 was introduced in the Council by Minister John Graham.

Statute law bills dealing with ‘miscellaneous provisions’ such as this one are used to make a suite of minor amendments across a large number of Acts at the same time. They’re an efficient approach to keeping legislation up to date. Such bills typically make minor policy changes, repeal redundant provisions, address any typographical errors, update cross references and outdated material, and the like.

The bill introduced on Thursday is outlined in detail in Mr Graham’s second reading speech. Within Schedule 1 of the bill are proposed minor policy changes to 27 Acts, while the remaining Schedules deal with other small amendments to keep the state’s legislation current and accurate.

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

PASSED: Bail and Other Legislation Amendment (Domestic Violence) Bill 2024

The Bail and Other Legislation Amendment (Domestic Violence) Bill 2024 passed the Legislative Council on Thursday evening, after having passed the Legislative Assembly earlier in the previous sitting day. The bill will amend the Bail Act 2013 and the Surveillance Devices Act 2007 as part of the Government’s response to domestic violence.

In Minister Rose Jackson’s second reading speech, she outlined the new requirements the bill will add to the Bail Act 2013. It will insert a definition of ‘domestic violence offence’ consistent with the Crimes (Domestic and Personal Violence) Act 2007, as well as definitions of ‘intimate partner violence’, incorporating current and former intimate partners, and ‘serious domestic violence offence’. The bill will make certain domestic violence offences ‘show cause’ offences –  that is, an offence for which the accused must ‘show cause’ as to why their detention is not justified. It will also require the bail authority to consider additional matters, such as whether the accused has engaged in behaviour that constitutes domestic abuse and the views of the victim and their family, when assessing applications for bail. Those accused of certain domestic violence will be subject to electronic monitoring as a condition of their bail under the bill. The bill will also provide for bail decisions to be stayed for certain domestic violence and sexual assault offences. Ms Jackson explained that in the case where a stay operates, the accused would remain in custody for up to three business days while the detention application by the prosecution is heard.

With regards to the Surveillance Devices Act 2007, the bill will remove the requirement for the Attorney General to consent to prosecutions for tracking device offences, where tracking devices are used in domestic violence offences. The intention of this change is to allow tracking device offences to be responded to more easily in domestic violence cases. Read more about the bill in Ms Jackson’s second reading speech.

When the House resolved into committee of the whole…

  • One amendment was moved by the Hon John Ruddick on behalf of the Libertarian Party which sought to remove electronic monitoring as a condition of the bill. This amendment was negatived on the voices.
  • Seven amendments (amendments no. 1-5, 7 and 9) were moved by Ms Abigail Boyd on behalf of The Greens which sought to remove the show cause provision from the bill and widen the definition of categories of persons to which the provisions apply. These amendments were negatived on division (Ayes: 6/Noes: 25).
  • Three further amendments (amendments no. 6, 8 and 10) were moved by Ms Boyd on behalf of the Greens which sought to alter electronic monitoring requirements and to treat all domestic violence offences as ‘serious offences’ under section 18 of the Act. These amendments were negatived on the voices.
  • One amendment was moved by the Hon John Ruddick on behalf of the Libertarian Party which sought to shorten the statutory review period from 24 months to 12 months. This amendment was negatived on the voices.

With no amendments made, the bill’s third reading was agreed to and it was returned to the Assembly, ready for the Governor’s assent.

IN COMMITTEES

During the morning’s formal business, the House agreed to a motion moved by Ms Cate Faehrmann (The Greens) for the Transport and the Arts Committee (PC6) to establish an inquiry into the use of e-scooters, e-bikes and related mobility options. Read the full terms of reference in the Hansard record and keep an eye on our website for more details about the inquiry as they become available.

GENERAL MOTIONS

The following motions were agreed to without debate, during the morning’s formal business:

DOCUMENTS TABLED AND REPORTED IN THE HOUSE

Among the documents tabled and reported in the House on Thursday were:

Find all documents tabled and reported in our Tabled Papers Database.  

ORDERS FOR PAPERS

RequestMoved byAgreed to?Due date
Mr Kel Watt and Watt Advocacy & CommunicationsThe Hon Emma Hurst (Animal Justice Party)Agreed to27 June 2024

2 thoughts on “In the House – Thursday 6 June 2024”

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