The Legislative Council welcomed its newest member on Thursday, with Scott Barrett elected to fill a casual vacancy in a joint sitting of the House. The House debated a matter of public importance related to the McPhillamys Gold Mine and passed five bills. Read on for more…

MATTER OF PUBLIC IMPORTANCE

Early on Thursday, on the motion of Cate Faehrmann (The Greens), the House agreed to debate “McPhillamys Gold Mine and the location of tailings dams” 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 and The Greens. Read all member contributions in full in the Hansard record, and continued here.

JOINT SITTING TO ELECT SCOTT BARRETT TO THE LEGISLATIVE COUNCIL

Regular proceedings were interrupted on Thursday afternoon for a joint sitting of the Legislative Council and the Legislative Assembly, held to fill the vacant Upper House seat following the resignation of the Hon Bronnie Taylor. During this session, Mr Scott Barrett of the Nationals was elected as the newest member of the Council, for his second term, having been formerly a member of the Legislative Council between February 2022 and the general election held in March 2023.

Read the full proceedings in the Hansard record and see a selection of photos from the Joint Sitting below.

MINISTERIAL STATEMENT ON GOVERNMENT RESPONSE TO THE SPECIAL COMMISSION OF INQUIRY INTO LGBTIQ HATE CRIMES

Minister for Climate Change, Minister for Energy, Minister for the Environment, and Minister for Heritage the Hon Penny Sharpe made a ministerial statement in the House on Thursday, related to the Government response to the Special Commission of Inquiry into LGBTQI Hate Crimes from 1970 to 2010.

In her statement, seen in Hansard here, Minister Sharpe highlighted past violence against LGBTIQ individuals, the failure of institutions to address it, and the long fight for justice by families and advocates. The Government has committed to fully implementing the inquiry’s 19 recommendations, holding perpetrators accountable, and ensuring systemic changes to protect all citizens from hate crimes.

The Hon Chris Rath (Liberal) spoke on behalf of the Opposition, in support of the statement and the Government response. Read his full statement in the Hansard record.

PASSED: PORTS AND MARITIME ADMINISTRATION AMENDMENT BILL 2024

The Ports and Maritime Administration Amendment Bill 2024 passed the Legislative Council on Thursday. This bill amends 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. Read more about the bill in our previous blog.

With the bill amended on a previous sitting day, the House resumed committee of the whole to finalise the amendment made during the last sitting. Read more in our previous blog.

During the third reading of the bill, contributions were made by member of the Opposition expressing their concerns with the bill as amended in the committee stage. The third reading of the bill was ultimately agreed to, on division (Ayes: 23/Noes: 17) and the bill as amended was then forwarded to the Legislative Assembly for concurrence.

PASSED: CHILD PROTECTION (OFFENDERS REGISTRATION) AMENDMENT BILL 2024

Also passing the Legislative Council on Thursday was the Child Protection (Offenders Registration) Amendment Bill 2024. This bill amends the Child Protection (Offenders Registration) Act 2000 following a review of the Act. This Act provides a registration and reporting scheme for people convicted of child sex offences and other serious crimes against children.

In her second reading speech, the Minister the Hon Tara Moriarty, explained that the bill aims to amend the Act ensuring that is continues to meet its statutory obligations of protecting children from serious harm, ensuring the early detection of offences by recidivist child sex offenders, monitoring persons who are registrable persons and ensuring registrable persons comply with the Act. The bill introduces changes to the types of offenses requiring offender registration, strengthens reporting obligations, clarifies court procedures for registrable persons, and ensures better cross-jurisdictional enforcement. Additionally, it includes provisions for reviewing the Act’s effectiveness and auditing the Child Protection Register. Read more about the bill in Minister Moriarty’s second reading speech.

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

When the House resolved into committee of the whole, one amendment was moved by the Hon Jeremy Buckingham on behalf of the Legalise Cannabis Party which sought to stop those on the offenders registration from playing online games with children. This amendment was agreed to on the voices. Read the full committee of the whole proceedings in the Hansard record.

With the third reading agreed to on the voices, the bill as amended was sent on to the Legislative Assembly for concurrence.

PASSED: LOCAL GOVERNMENT AMENDMENT (RURAL AND REMOTE COUNCILS) BILL 2024

The Local Government Amendment (Rural and Remote Councils) Bill 2024 also passed the Legislative Council on Thursday. This bill amends the Local Government Act 1993 to provide that certain rural and remote councils may be comprised of both elected and appointed councillors.

In her second reading speech, Minster the Hon Tara Moriarty explained that this bill seeks to address issues that Central Darling Shire Council in Far West NSW has experienced in providing services under the traditional local council model. The bill gives the Governor the power to designate certain councils as ‘rural and remote’, with this designation lasting up to 10 years. Appointed councillors, selected by the Minister for Local Government, must possess relevant expertise, such as in local governance, financial management, emergency management, and environmental sustainability. At least half of the councillors must be elected, and the Minister appoints the chairperson​. Read more about the bill in Minister 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.

When the House resolved into committee of the whole…

  • Two amendments were moved by Dr Amanda Cohn on behalf of The Greens which sought to Reduce the length of time a council can be designated ‘rural and regional’ from 10 to 4 years. These amendments were negatived on division (Ayes: 5/Noes: 29)
  • One amendment was moved by Dr Amanda Cohn on behalf of The Greens which sought to ensure designated councils appoint at least one Aboriginal councillor. This amendment was negatived on division (Ayes: 5/Noes: 28)
  • Three further amendments were moved by Dr Amanda Cohn on behalf of The Greens which sought to ensure that the Chairperson be elected by other members of the council instead of appointed by the Government. This amendment was negatived on division (Ayes: 5/Noes: 28)

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

With no amendments made, the bill’s third reading was agreed to on division (Ayes: 28/Noes: 5) and it was returned to the Legislative Assembly, ready for the Governor’s assent.

PASSED: STRATA MANAGING AGENTS LEGISLATION AMENDMENT BILL 2024

Also passing the Legislative Council on Thursday was the Strata Managing Agents Legislation Amendment Bill 2024. This bill amends the Strata Schemes Management Act 2015 and the Property and Stock Agents Act 2002 with regards to the obligations of strata managing agents.

In his second reading speech, the Hon Mark Buttigieg (Labor) explained that there are more than 85,000 strata schemes in NSW, with that number set to grow in coming years. This bill focuses on increasing transparency, enhancing disclosure requirements, and imposing stricter penalties for non-compliance. It aims to address operational inefficiencies and ensure better management outcomes for property owners involved in strata schemes. The bill mandates detailed commission disclosures, expands reporting obligations, and increases penalties for offences, now up to 500 penalty units for corporations. The bill will enshrine more transparent insurance processes and greater accountability in agency agreements. 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 and the Government. Read all member contributions in the Hansard record.

The House divided on the second reading of the bill (Ayes: 27/Noes: 5) with members of The Greens and the Animal Justice Party voting in the negative. The third reading of the bill was agreed to on the voices with the bill then returned to the Legislative Assembly, ready for the Governor’s assent.

PASSED: ENVIRONMENTAL TRUST AMENDMENT BILL 2024

The Environmental Trust Amendment Bill 2024 passed the Legislative Council on Thursday. This bill will amend the Environmental Trust Act 1998 to expand membership of the Environmental Trust to include an Aboriginal person. Read more about the bill in our previous blog.

Members of The Greens and the Opposition made contributions to the second reading debate. Read their contributions in the Hansard record.

Both the second and third readings of the bill were agreed to on the voices, with the bill then forwarded to the Legislative Assembly for concurrence.

GENERAL MOTIONS

The following motions were agreed to without debate, during the day’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.   

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