The House got right down to business on Thursday, with a hefty agenda to make its way through including three Budget bills and 8 further bills to consider. A motion establishing the 2024/25 Budget Estimates hearings and two orders for papers were agreed to, before a ‘special adjournment’ delayed the beginning of the House’s winter break a few hours longer. Read on for more…

2024/25 BUDGET ESTIMATES

With a new budget comes a new round of Budget Estimates inquiries! Each year, this special set of inquiries allows Upper House committees to scrutinise the state budget and to explore issues relevant to the expenditure, performance and effectiveness of government agencies. The process involves a series of public hearings, with our committees examining each ministerial portfolio, as well as the Legislature (the operation of the parliament itself).

On Thursday, the House agreed to a motion establishing this year’s inquiry and setting out the schedule for the initial 2024/25 Budget Estimates hearings, moved by the Leader of the Government in the Council, the Hon Penny Sharpe. The hearings will begin on 27 August and run through until mid-September. Stay tuned for more information on the Budget Estimates webpage.

INTRODUCED: Better Regulation Legislation Amendment (Miscellaneous) Bill 2024

The Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 was introduced by the Hon Penny Sharpe early on Thursday. The bill seeks to amend various Acts and regulations administered by the Minister for Customer Services and Digital Government, the Minister for Better Regulation and Fair Trading and the Minister for Building.

In her second reading speech, Ms Sharpe explained that the bill seeks to address issues identified by NSW Fair Trading and the Building Commission NSW as a result of departmental reviews of legislation. It would make minor amendments to 17 Acts including the Charitable Fundraising Act 1991, the Associations Incorporation Act 2009 and the Fair Trading Act 1987. The bill also amends the Home Building Act 1989 to dissolve the Building Insurers’ Guarantee Corporation and the Building Insurers’ Guarantee Fund. The Corporation and the Fund were established in 2001 to administer claims by homeowners affected by the collapse of HIH/FAI insurance. With the Fund being closed to new claims on 1 January 2018 and the last remaining claims being finalised in December 2020, the Corporation and the Fund are no longer required. Read more about the bill in Ms Sharpe’s second reading speech.

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

PASSED: National Parks and Heritage Legislation Amendment Bill 2024

The National Parks and Heritage Legislation Amendment Bill 2024 passed the Legislative Council early on Thursday after having been introduced earlier in the week. This bill seeks to amend the National Parks and Wildlife Act 1974 changing the reservation status of certain land and establishing the National Parks and Wildlife Conservation Operating Fund. It would also amend the Heritage Act 1977 in relation to the Heritage Conservation Fund. Read more about the bill in our previous blog.

When the House resolved into committee of the whole…

  • Eight amendments were moved by Ms Abigail Boyd on behalf of The Greens which sought to alter how national park plans of management operate and are prepared. These amendments were negatived on the voices.

With no amendments made, the second and third readings of the bill were agreed to , with the bill then returned to the Assembly, ready to be forwarded to the Governor for assent.

PASSED: Community Services Sector (Portable Long Service Leave) Bill 2024

Also passing the Legislative Council on Thursday was the Community Services Sector (Portable Long Service Leave) Bill 2024. This bill establishes a scheme for the portability of long service leave for workers in the community services sector.

In her second reading speech, the Hon Tara Moriarty (Labor) explained that the bill creates a portable long serve leave scheme that will apply to eligible full-time, part-time and casual employees in the community services sector. This includes those who work in the areas of community mental health support, accommodation support services, family and domestic violence services, foster care services, homelessness support services, multicultural services and disability support. Contractors in these industries will also have the choice to opt into the scheme.

The scheme will provide employees with 6.1 weeks of paid leave after completing 2,555 days of employment, which is equal to seven years, and will apply regardless of if this is accrued with one or more employers. This scheme will allow part-time and casual employees to reach their long service leave entitlement after seven years of employment, just as a full‑time worker would. Once an employee has reached their initial entitlement, they will have access to a one-off benefit of a 365 day credit within six months of commencing at a new employer. Read more about the bill in Ms Moriarty’s second reading speech.

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.

The bill’s second and third readings were agreed to on the voices. The bill was then returned to the Legislative Assembly, ready for the Governor’s assent.

PASSED: Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024

The Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 passed the Council on Thursday, amending the Work Health and Safety Act 2011 to create an offence of industrial manslaughter and to provide for matters relating to gross negligence. The bill also amends the Industrial Relations Amendment Act 2023 to remove a redundant provision.

In her second reading speech, the Hon Tara Moriarty explained that the bill would create part 2A within the Work Health and Safety Act, establishing an industrial manslaughter offence within the Act. The bill defines the offence of industrial manslaughter and sets out how it is applied, it also sets out the elements required to establish the offence. To commit industrial manslaughter, a person must have a health and safety duty and be a person conducting business or undertaking (PCBU), or an officer of a PCBU. Ms Moriarty explained that this new offence would reinforce the importance of compliance with existing work health and safety obligations, not create new ones.

The bill goes on to state that the offence of industrial manslaughter occurs when a person’s conduct causes the death of a worker or another individual to whom the person’s health and safety duty is owed and engages in the conduct with ‘gross negligence’. The maximum penalty for the offence is imprisonment for 25 years for an individual or $20,000,000 for a body corporate. Read more about the bill in Ms Moriarty’s second reading speech.

Contributions to the second reading debate were made by members of the Opposition, The Greens, the Legalise Cannabis Party, the Government and Independent member the Hon Rod Roberts. Read all member contributions in the Hansard record.

The bill’s second and third readings were agreed to on the voices. The bill was then returned to the Legislative Assembly, ready for the Governor’s assent.

PASSED: Energy Legislation Amendment (Clean Energy Future) Bill 2024

Following its passage in the Legislative Assembly on the previous sitting day the Energy Legislation Amendment (Clean Energy Future) Bill 2024 also passed the Council on Thursday. This bill makes miscellaneous amendments to various Acts relating to the supply of energy in the state.  The bill amends fives Acts related to the energy system: the Electricity Infrastructure Investment Act 2020, the Electricity Supply Act 1995, the Pipelines Act 1967, the Energy and Utilities Administration Act 1987 (as amended by the Energy Legislation Amendment Act 2023), and the Land Acquisition (Just Terms Compensation) Act 1991.

In her second reading speech, Minister for Energy, the Hon Penny Sharpe, explained that this omnibus bill aims to assist with the State’s transition to renewable energy by updating relevant legislation. Amongst the bill’s aims, it seeks to to streamline approval processes to recover the costs of electricity system security infrastructure projects, offer concessions to green hydrogen producers, and support the delivery of Energy Security Safeguard schemes which create financial incentives for the reduction of energy consumption by encouraging energy saving activities. 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 and The Greens. Read all contributions to the second reading debate in the Hansard record, and continued here.

When the House resolved itself into committee of the whole two amendments were moved by Ms Abigail Boyd on behalf of The Greens which sought to:

  • Provide that Green Hydrogen exemptions are not valid after 1 January 2030, if mixed with fossil fuel gases;
  • The holder of a transmission operator licence must not recoup the cost of a strategic benefit payment through increased charges to the consumer.

These amendments were negatived on the voices.

Read the committee of the whole proceedings in the Hansard record.

With no amendments made, 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: THE BUDGET BILLS

The annual appropriation bills are the key legislation of the budget, allowing for the funding of government and other services throughout the year. The  Budget bills were introduced by the Treasurer as cognates in the Legislative Assembly on Tuesday (read about this in our previous blog), two appropriation bills and a third related bill:

  • The Appropriation Bill 2024 authorises the appropriation of monies from the state’s ‘Consolidated Fund’ (NSW’s main source of funding). These monies are to be used for the ordinary annual services of the government in 2024/25, being allocated to departments of the public service and various special offices.
  • The Appropriation (Parliament) Bill 2024 appropriates monies specifically for the services of the NSW Parliament in 2024/25.
  • The Revenue Legislation Amendment Bill 2024 makes a number of changes to Acts that are administered by the Treasurer and the Minister for Finance, including in relation to revenue raising (such as increasing certain duties, changing thresholds for land tax and providing for other schemes and charges).

Read more about the bills in Mr Mookhey’s second reading speech.

Following the Treasurer’s second reading speech in the Council, contributions to the second reading debate were made by members of the Opposition, The Greens, the Libertarian Party, the Government and Independent member the Hon Mark Latham. Read all member contributions in the Hansard record.

When the House resolved into committee of the whole, amendments were moved related to the Revenue Legislation Amendment Bill 2024…

  • One amendment was moved by the Hon Damien Tudehope on behalf of the Opposition which sought to ensure that a transfer of assets out the funds established under the Long Service Corporation Act 2010 can take place only in accordance with the provisions of that Act. This amendment was agreed to on the voices.
  • One further amendment was moved by the Hon Damien Tudehope on behalf of the Opposition which sought to change the date for the review of the land tax threshold, set at 1 June 2027 in the bill. This amendment was negatived on division (Ayes: 12/Noes: 18)

Read the full committee of the whole proceedings in the Hansard record.

With one amendment made, the third reading of the bill was agreed to on the voices and it was returned to the Legislative Assembly for consideration of the changes, together with the two appropriation bills.

PASSED: Energy Security Corporation Bill 2024

The Energy Security Corporation Bill 2024 also passed the Council on Thursday, allowing for the establishment of the Energy Security Corporation and providing for the Corporation’s functions.

In his second reading speech, the Hon John Graham explained that the creation of the Energy Security Corporation (ESC) seeks to hasten the transition to a zero-emissions energy grid and help the State meet its emissions reduction targets. The bill sets out the objects and functions of the ESC and establishes that it is subject to the control and direction of the Minister. The bill also establishes a Board for the corporation which would determine the ESC’s strategies and policies, ensure the proper, efficient and effective exercise of the ESC’s functions and approve its investment decisions. As well as this, the appointment of the ESC CEO is set out in the bill. Part 6 of the bill establishes an ESC Fund and the ESC Operational Fund which will separate the seed funding and operational funding the ESC can access, and part 7 sets out the ESC’s reporting requirements. Read more about the bill in Mr Graham’s second reading speech.

Contributions to the second reading debate were made by members of the Legalise Cannabis Party, The Greens, the Opposition, the Government and Independent member the Hon Mark Latham. Read all member contributions in the Hansard record.

When the House resolved into committee of the whole…

  • Two amendments were moved by the Hon Taylor Martin (Independent) on behalf of Independent member the Hon Mark Latham which sought to include gas peaking plans as complying investment and technology and to remove references to nuclear power in the bill. These amendments were negatived on the voices.
  • One amendment was moved by Ms Abigail Boyd on behalf of The Greens which sought to alter the objectives of the ESC. This amendment was negatived on division (Ayes: 5/Noes: 22)
  • Two amendments were moved by Ms Abigail Boyd on behalf of The Greens which sought to change the make-up of the ESC Board. These amendments were agreed to on division (Ayes: 16/Noes: 11)
  • Seven further amendments were moved by Ms Abigail Boyd on behalf of The Greens which sought to ensure the ESC adheres to best practice labour principles. These amendments were negatived on the voices.
  • One amendment was moved by Ms Abigail Boyd on behalf of The Greens which sought to ensure that investment mandates must give regard to environment, social and governance principles, best practice labour principles, skills and training, local content procurement and First Nations participation. This amendment was agreed to on the voices.
  • Four further amendments were moved by Ms Abigail Boyd on behalf of The Greens which sought to alter the types of interests the ESC may acquire and invest in. These amendments were negatived on the voices.
  • One amendment was moved by Ms Abigail Boyd on behalf of The Greens which sought to ensure that the corporation will preference investments that result in the corporation having a majority financial stake in the project or at least an equity stake in the project. This amendment was negatived on division (Ayes: 5/Noes: 22)
  • One final amendment was moved by Ms Abigail Boyd on behalf of The Greens which sought to prohibit the ESC from directly financing the extraction of coal or natural gas or the construction of pipeline infrastructure primarily for the extraction or transport of natural gas or the logging of native forests. This amendment was negatived on division (Ayes: 5/Noes: 22)

Read the committee of the whole proceedings in the Hansard record.

With the third reading of the bill agreed to on the voices it was then returned to the Legislative Assembly for consideration of the changes.

PASSED: Electoral Funding Amendment Bill 2024

Also passing the Council on Thursday was the Electoral Funding Amendment Bill 2024. This bill will amend the Electoral Funding Act 2018 to make further provision regarding administrative payments from the Administration Fund, where funding for parties and independent members is both stored and distributed.

In his second reading speech, the Hon John Graham (Labor) explained that the bill clarifies that administrative expenditure claimed from the Administration Fund does not exclude expenditure for which an electoral allowance is payable under the Parliamentary Remuneration Act 1989, Part 3. This change seeks to address a concern by independent members of Parliament, ensuring they can continue to claim certain administrative expenses from the Administration Fund. Read more about the bill in Mr Graham’s second reading speech.

Contributions to the second reading debate were made by members of the Opposition and The Greens, read these in full in the Hansard record.

With no amendments made the second and third reading of the bill was agreed to on the voices with the bill then returned to the Assembly, ready for the Governor’s assent.

DEBATED: Residential (Land Lease) Communities Amendment Bill 2024

The Residential (Land Lease) Communities Amendment Bill 2024 was introduced on Thursday after having passed the Legislative Assembly in a previous sitting period. The bill amends the Residential (Land Lease) Communities Act 2013 to implement various recommendations arising from the statutory review of the Act. A residential land lease community is one in which residents own the home they live in and lease the land on which the home sits from a community operator.

In his second reading speech, the Hon Mark Buttigieg (Labor) explained that a 2021 statutory review of the Act made 48 recommendations of which this bill implements 21. These include the prohibition of community entry and exit fees, change how site fees are calculated and how often they can be increased, and to make changes relating to utility bills and utility charges payable for electricity through embedded networks. Read more about the bill in Mr Buttigieg’s second reading speech.

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

Debate on this bill was adjourned until the next sitting day (which came much sooner than expected!).  

In Committees

During formal business, the House also agreed to establish a Joint Standing Committee on Net Zero Future on the motion of the Hon Ms Penny Sharpe (Labor). Keep an eye on our website for more information about this committee.

ORDERS FOR PAPERS

RequestMoved byAgreed to?Due date
2024/25 BudgetThe Hon Damien Tudehope (Liberal)Agreed to11 July 2024
2024/25 Budget financesThe Hon Damien Tudehope (Liberal)Agreed to11 July 2024

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 on Tuesday were:

A full list of other reports received and tabled can be found in the Tabled Papers Database.

SPECIAL ADJOURNMENT

With the hard adjournment time of 10pm approaching, the Hon John Graham moved a ‘special adjournment’ calling on the House to adjourn and return on Friday 21 June at 12:01am, just over two hours later, as the government had not yet passed all the bills it had intended to debate during the sitting. The House had previously been scheduled to next sit on Tuesday 6 August 2024. This motion was agreed to on division (Ayes: 16/Noes: 8), with members of The Greens and the crossbench voting in the negative.

With that, the House adjourned to sit again at 12:01am 21 June. Stay tuned for a special edition of the House in Review covering Friday’s sitting.

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