It was a legislation packed day of government business on Thursday with three bills introduced, three passed and a matter of public importance related to police management and accountability and the protection of whistleblowers debated in the House. Two new sessional orders were also agreed to related to disorderly conduct in committee meetings and the introduction of Government bills. Read on for more…
NEW SESSIONAL ORDERS
During the morning’s formal business, the House agreed to two motions moved by the Hon Penny Sharpe (Labor) varying two separate standing orders for the period of the current session.
- The first would introduce a new sessional order providing that when the Chair of a committee calls a member to order three times for disorderly conduct in the course of any one committee meeting or hearing, but not including a deliberative hearing, the committee would need to meet immediately in private. This meeting would provide an opportunity to consider whether it is necessary for the committee to take action to respond to the members’ conduct. See the motion in the Hansard record and view the related committee report here.
- The second will vary standing order 140 to enable the Government to give notice of a bill and introduce it on the same day. The second reading debate will still be adjourned for five calendar days after the Minister’s second reading speech. See the motion in the Hansard record.
MATTER OF PUBLIC IMPORTANCE – POLICE MANAGEMENT AND ACCOUNTABILITY AND THE PROTECTION OF WHISTLEBLOWERS
Early on Thursday, on the motion of the Hon Rod Roberts (Independent), the House agreed to debate “police management and accountability and the protection of whistleblowers” as a matter of public importance.
‘Matters of public importance’ allow members to debate an issue, without the requirement for a vote on the matter. This means that at the conclusion of the debate, the motion simply lapses.
Contributions to the debate were made by members of the Government, The Greens and Independent member the Hon Mark Latham. Read all member contributions in full in the Hansard record.
INTRODUCED: Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Bill 2024
The Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Bill 2024 was introduced in the Legislative Council by Minister for the Environment the Hon Penny Sharpe on Thursday. The bill seeks to amend the Biodiversity Conservation Act 2016 to reform the Biodiversity Offsets Scheme. It would also make consequential amendments to the State Environmental Planning Policy (Biodiversity and Conservation) 2021.
In her second reading speech, Ms Sharpe explained that the bill addresses key recommendations from the Ken Henry-led statutory review of the Biodiversity Conservation Act 2016 as well as a statutory review of the native vegetation provisions of the Local Land Services Act 2013. The Biodiversity Offsets Scheme as it currently stands provides a mechanism to avoid, minimise and offset the impacts of development and some types of clearing on biodiversity in NSW. This means that developers or landholders who want to clear land must offset any biodiversity loss through the protection and improvement of a separate site with a similar habitat.
This bill would establish the ‘avoid, minimise and offset’ hierarchy as the key principle underpinning the framework for avoiding, minimising and offsetting the impact of proposed development, activity or clearing on biodiversity values. This change calls on the proponent of the action to first take all reasonable measures to avoid the impacts of the action on biodiversity values before it considers minimising or offsetting their impacts. Among the other elements of the bill, it also seeks to:
- Provide that the scheme transition to delivering overall net positive outcomes;
- Reduce the circumstances where developers can pay into the Biodiversity Conservation Fund to offset their biodiversity impacts;
- Provide standards by which developers must demonstrate measures taken to avoid and minimise the impact of proposed development, activity or clearing or land use on biodiversity values;
- Establish public registers for biodiversity impact assessors;
- Reduce the regulatory burden for small, low-impact developments in exceptional circumstances, particularly in regional areas.
Read more about the bill in Ms Sharpe’s second reading speech.
Following the bill’s introduction, Ms Sharpe successfully moved a motion to refer the bill to Portfolio Committee No. 7 – Planning and Environment for inquiry and report, with a reporting date of 11 October 2024. After the committee reports the second reading debate will resume.
INTRODUCED: Environmental Trust Amendment Bill 2024
Also introduced by the Minister for the Environment the Hon Penny Sharpe on Thursday was the Environmental Trust Amendment Bill 2024. This bill seeks to amend the Environmental Trust Act 1998 to expand membership of the Environmental Trust to include an Aboriginal person.
In her second reading speech, Ms Sharpe explained that the bill seeks to increase the membership of the Environmental Trust from five to six members. It would require that the additional member is a person who identifies as Aboriginal and that that person is appointed by the Minister administering the Act. The NSW Environmental Trust is an independent statutory body that supports projects which enhance the environment of NSW. Currently, the Trust is chaired by the NSW Minister for Environment and Heritage, and its members include representatives from the Department of Climate Change, Energy, the Environment and Water, local government, the Nature Conservation Council and NSW Treasury. The addition of an Aboriginal member of the Trust was endorsed by the Trust itself in May 2024. 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.
INTRODUCED: Ports and Maritime Administration Amendment Bill 2024
The Ports and Maritime Administration Amendment Bill 2024 was introduced in the Legislative Council on Thursday. This bill seeks to amend the Ports and Maritime Administration Act 1995, the Ports and Maritime Administration Regulation 2021 and the Road Transport (Vehicle Registration) Regulation 2017 to implement recommendations arising from an independent review of the Act.
In his second reading speech, the Hon John Graham explained that the Ports and Maritime Administration Act 1995 provides the framework for ports and maritime management in NSW, for both the freight and international shipping industries and recreational and domestic commercial vessel sectors. The Act governs the State’s three major ports, Port Botany, Port of Newcastle and Port Kembla, as well as ports at Sydney Harbour, Eden, Yamba and at 16 regional harbours. This bill seeks to implement 12 of the 16 recommendations made in the independent review of the Act. Amongst other things, the recommendations relate to port safety, the management of dangerous goods at ports, the establishment of a licensing scheme to regulate the provision of towage services, lines handling services and bunkering services, the creation an offence of failing to comply with port operator directions and the clarification of the functions of Transport for NSW to reflect responsibilities for managing waterways infrastructure and the provision of maritime services across NSW. 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.
PASSED: Industrial Relations Amendment (Administrator) Bill 2024
The Industrial Relations Amendment (Administrator) Bill 2024 passed the Legislative Council on Thursday after having passed the Legislative Assembly on the previous sitting day. The bill amends the Industrial Relations Act 1996 (the Act) to provide for the administration of the Construction and General Division of the CFMEU (NSW).
In his second reading speech, Treasurer the Hon Daniel Mookhey explained that the purpose of this bill is to place the New South Wales registered CFMEU Construction and General Division (CFMEU C&G Division) into administration. Under the bill, the Minister for Industrial Relations would establish a scheme for the administration of the union and appoint an administrator. The bill does not impact any other union and would give the administrator the power to bring proceedings in the name of the union for the recovery of funds and the imposition of penalties or the awarding of compensation. It would also give regulation-making powers to the administrator for both matters dealing with functions and remuneration of the administrator and to make any changes necessary to ensure consistency with the Commonwealth Act. Read more about the bill in Mr Mookhey’s second reading speech.
Contributions to the second reading debate were made by members of the Opposition, The Greens and the Animal Justice Party. Read all member contributions in the Hansard record.
When the House resolved into committee of the whole…
- Two amendments were moved by the Hon Daniel Mookhey on behalf of the Government which sought to make regulation-making powers expire after commencement of the administration. These amendments were agreed to on the voices.
- One amendment was moved by Ms Abigail Boyd on behalf of The Greens which sought to require that reports about the administration be tabled in Parliament. This amendment was negatived on the voices.
- Two amendments were moved by the Hon Damien Tudehope on behalf of the Opposition. The first sought to establish a Royal Commission to inquire into and report on the CFMEU. This amendment was negatived on the voices. The second Opposition amendment sought to give the Industrial Court powers in relation to the CFMEU while subject to the administrative scheme set out in the bill. This amendment was negatived on division (Ayes: 14/Noes: 20).
- One further amendment was moved by the Hon Damien Tudehope on behalf of the Opposition which sought to allow the Minister to appoint administrators to other State industrial organisations in the case of an ongoing investigation into or evidence of gross misconduct by its officers. This amendment was negatived on division (Ayes: 13/Noes: 19)
Read the full committee of the whole proceedings in the Hansard record.
The House divided on the third reading of the bill (Ayes: 28/Noes: 4) with members of The Greens voting in the negative. The bill as amended was sent on to the Legislative Assembly for concurrence.
PASSED: Retail Trading Amendment (Anzac Day Trading Hours) Bill 2024
Also passing the Council on Thursday was the Retail Trading Amendment (Anzac Day Trading Hours) Bill 2024. This bill amends the Retail Trading Act 2008 to restrict trading hours on Anzac Day.
In his second reading speech, the Hon Mark Buttigieg explained that the bill would extend existing Anzac Day retail trading restrictions, requiring all non-exempt shops to remain closed for the entirety of the day. Currently, the Retail Trading Act 2008 restricts certain shops from trading prior to 1pm only, with many shops opening on or after that time. The bill will maintain the list of shops exempt from retail trading restrictions on this day, which includes book shops, chemists, florists, cake shops, take-away food shops and newsagencies. The bill will also remove the ability for a bank to apply to open on Anzac Day. 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, The Greens, the Government and the Shooters, Fishers and Farmers Party. Read all member contributions in the Hansard record.
When the House resolved into committee of the whole, one amendment was moved by Ms Cate Faehrmann on behalf of The Greens which sought to make gaming venues be taken as a shop for the purposes of restricted trading hours on Anzac Day. This amendment was negatived on the voices. The full committee of the whole proceedings can be read in the Hansard record.
With no amendments made, the bill’s third reading was agreed to on the voices and it was returned to the Legislative Assembly, ready for the Governor’s assent.
PASSED: Government Sector Finance Amendment (Integrity Agencies) Bill 2024
The Government Sector Finance Amendment (Integrity Agencies) Bill 2024 passed the Legislative Council on Thursday. The bill amends the Government Sector Finance Act 2018 to make provision about the funding of integrity agencies including the Audit Office, the Independent Commission Against Corruption (ICAC), Law Enforcement Conduct Commission, NSW Electoral Commission and the Ombudsman’s Office. Read more about the bill in our previous blog.
During the second reading debate contributions were made by members of the Opposition, The Greens and Independent member the Hon Mark Latham. Read all member contributions in the Hansard record.
When the House resolved into committee of the whole, three amendments were moved by the Hon John Graham on behalf of the Government.
- Two of the amendments sought to update references in the bill to the Joint Standing Committee on Electoral Matters as the relevant parliamentary oversight committee for the NSW Electoral Commission, to include “or a committee of Parliament designated by the Parliament for this division”. This will safeguard the legislation against a change in the name of the committee. It will also amend the functions of the Committee to include examination and reporting to both Houses of Parliament about the annual appropriation for the services of the Electoral Commission. These amendments were agreed to on the voices.
- One further amendment sought to create a new provision related to the funding of the Legislature (the Parliament itself). It would create a requirement for the Treasurer to give written notice of the amount proposed to be appropriated for the services of the Legislature to the Presiding Officers and a committee of the Parliament, as designated by the Parliament or the House. Minister Graham indicated the amendment was supported by the Presiding Officers. This amendment was agreed to on the voices.
Read the full committee of the whole proceedings in the Hansard record.
With the third reading of the bill agreed to on the voices, the bill was then forwarded to the Legislative Assembly for concurrence.
Later in the evening, the President made a statement relating to this bill, noting the new independent funding mechanism for parliamentary appropriations. Read his full statement in the Hansard record.
INTRODUCED: Regional Development Amendment Bill 2024
Close to the end of the sitting day, an introduction of the Regional Development Amendment Bill 2024 began in the House by Minister for Agriculture, the Hon Tara Moriarty. The bill would make miscellaneous amendments to the Regional Development Act 2004, including to update the administrative arrangements for the Regional Development Trust Fund.
Ms Moriarty’s second reading speech was interrupted for the 10pm adjournment. Read the beginning of her second reading speech in the Hansard record.
GENERAL MOTIONS
The following motions were agreed to without debate, during the morning’s formal business:
- Opening of Sikh Youth Australia Summer Camp 2024, moved by the Hon Mark Buttigieg (Labor)
- The Laramie Project, moved by the Hon Chris Rath (Liberal)
IN COMMITTEES
The establishment of a new Customer Service Committee inquiry into public toilets was reported in the House on Thursday. Keep an eye on our website for details about submissions and hearing dates for this new inquiry.
During the day’s proceedings, the receipt of the following committee report was reported in the House:
- 2023 review of annual and other reports of oversighted agencies, Report 1/58 of the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission dated August 2024
DOCUMENTS TABLED AND REPORTED IN THE HOUSE
Among the documents tabled and reported in the House on Thursday were:
- NSW Public Authorities: Disability Inclusion Action Plan 2022-2023 progress report card, a report of Department of Communities and Justice dated May 2024
- NSW Government response to the Disability Royal Commission, a report of the NSW Government dated 31 July 2024
- Threatened species and ecological communities, a Performance Audit Report of the Auditor-General dated 15 August 2024
- Re: Government Sector Finance Amendment (Integrity Agencies) Bill 2024, Correspondence from the Independent Commission Against Corruption to the Honourable John Graham MLC, Special Minister of State, Minister for Roads, Minister for the Arts, Minister for Music and the Night-time Economy and Minister for Jobs and Tourism dated 9 August 2024
Find all documents tabled and reported in our Tabled Papers Database.