The Legislative Council was back for a busy day of Government business on Tuesday. The day commenced with the swearing in of new Nationals member, The Hon Scott Barrett, before the House went on to hear the introduction of a bill related to water management in NSW and debate another related to the creation of an Agriculture Commissioner. The House also passed two bills related to the management of state universities and increased protection for victims of domestic violence. Read on for more…

NEW MEMBER SWORN IN – THE HON SCOTT BARRETT

The Hon Scott Barrett (Nationals) was sworn in on Tuesday, after having been elected during a joint sitting with the Legislative Assembly on Thursday 11 August to fill the seat vacated by the Hon Bronnie Taylor. Mr Barrett signed the Roll of the House, making his place in the Legislative Council official.

Late on Tuesday evening, Mr Barrett made a contribution to the adjournment debate. As a returning member of the Legislative Council, he made his inaugural speech during his first term, but took this opportunity to re-introduce himself to the House!

INTRODUCED: WATER LEGISLATION AMENDMENT BILL 2024

The Water Legislation Amendment Bill 2024 was introduced in the Legislative Council on Tuesday by Minister for Water, the Hon Rose Jackson. This bill would amend legislation administered by the Minister related to the making of water management regulations. It would also repeal the Water Management Amendment Act 2010 and the Water Management Amendment Act 2014.

In her second reading speech, Minister Jackson explained that the bill would amend the Sydney Water Act 1994, Water Management Act 2000, and Water NSW Act 2014 to clarify regulation-making powers under those Acts. These Acts are relied upon to manage water in NSW. The bill also enhances public input on water access decisions and introduces indirect ‘Henry VIII’ provisions, allowing the Act to be amended by subordinate legislation so that the regulations governed by these Acts can be remade next year. The bill clarifies exemptions to reduce risks tied to unlicensed water use and confirms the tenure of Lowbidgee water access licences. The bill also validates 169 licences affected by administrative errors, securing their legal status and consolidates amendments from prior legislation, providing legal certainty and continuity in water resource management. Read more about the bill in Minister Jackson’s second reading speech, and continued here.

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

DEBATED: AGRICULTURE COMMISSIONER BILL 2024

Also in the Legislative Council on Tuesday was the Agriculture Commissioner Bill 2024. This bill would establish the office of the Agriculture Commissioner and provide for the functions of the office. Read more about the bill in our previous blog.

Contributions to the second reading debate were made by members of the Opposition, the Legalise Cannabis Party, the Animal Justice Party, The Greens, the Shooters, Fishers and Farmers Party and the Government. Read all member contributions in the Hansard record.

Following the second reading debate, consideration of the bill in detail in committee of the whole was adjourned until a future sitting of the House.

PASSED: UNIVERSITIES LEGISLATION AMENDMENT BILL 2024

Also passing the Legislative Council on Tuesday was the Universities Legislation Amendment Bill 2024, after having passed the Legislative Assembly in the previous sitting week. This bill amends various public university Acts in relation to the university’s governing authority’s power regarding land and property and the sub-delegation of functions delegated to vice-chancellors.

In her second reading speech, Minister the Hon Rose Jackson explained that the bill would amend the Acts which govern the ten public universities in NSW. The bill removes the requirement for ministerial approval for certain routine land transactions, such as utility leases of up to 99 years. The bill also modernises residential college lease provisions and clarifies land use language across university Acts. Additionally, it allows vice-chancellors at five universities to sub-delegate certain functions, reducing administrative burdens. These changes aim to maintain oversight while improving operational efficiency at universities. Read more about the bill in Minister Jackson’s second reading speech.

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

The second and 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: CRIMES (DOMESTIC AND PERSONAL VIOLENCE) AND OTHER LEGISLATION AMENDMENT BILL 2024

The Crimes (Domestic and Personal Violence) and Other Legislation Amendment Bill 2024 also passed the Legislative Council on Tuesday evening, having passed the Legislative Assembly earlier in the day. This bill amends the Crimes (Domestic and Personal Violence) Act 2007 to make further provision to protect persons from domestic and personal violence.

In his second reading speech, Minister the Hon Daniel Moohkey explained that the bill would introduce significant reforms aimed at enhancing the legal framework around managing domestic violence in NSW, focusing on new aggravated breach offences for Apprehended Domestic Violence Orders (ADVOs) and establishing serious domestic abuse prevention orders. Specifically, two new offences target high-risk offenders who breach ADVOs: intentional breaches, where the offender intends to cause harm or instil fear in the protected person, with a maximum penalty of three years’ imprisonment; and persistent breaches, defined as three or more breaches within 28 days, with a maximum penalty of five years. These offences differentiate between minor and serious breaches, recognising the heightened risk to victims.

Additionally, the bill introduces serious domestic abuse prevention orders, designed to complement the existing ADVO regime. These orders can be issued against individuals with significant histories of domestic violence, whether based on convictions or serious charges. The orders aim to provide broader community protection, addressing the risk posed not only to current intimate partners but also to future partners and family members, acknowledging the comprehensive nature of domestic abuse. Read more about the bill in Mr Mookhey’s second reading speech.

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

When the House resolved into committee of the whole…

  • One amendment was moved by the Hon Susan Carter on behalf of the Opposition which sought to set a commencement date for the bill of 1 March 2025. This amendment was negatived on division (Ayes: 12/Noes: 19)
  • One amendment was moved by the Hon John Ruddick on behalf of the Libertarian Party which sought to remove the ability for a parent with sole parental responsibility to change the surname of a child without the consent of the other parent. This amendment was negatived on the voices.

Read the whole committee of the whole proceedings 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.

GENERAL MOTIONS

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

IN COMMITTEES

Reported in the House on Tuesday, the Joint Select Committee on Arts and Music Education and Training in New South Wales had its reporting date extended to 13 December 2024. An update on the membership of the Standing Committee on Social Issues was also given to the House, with the Hon Taylor Martin (Independent) taking the vacant position on the committee.

The House also heard ‘take note’ debates on the following committee reports:

The receipt of the following committee reports was reported in the House:

A Government response to Procurement practices of government agencies in New South Wales and its impact on the social development of the people of New South Wales: First report, report No. 63 of the Standing Committee on Social Issues was also reported in the House.

REPORTS TABLED AND REPORTED IN THE HOUSE

Among the documents tabled and reported in the House on Tuesday was:

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

One thought on “In the House – Tuesday 24 September 2024”

  1. Pingback: In the House – Tuesday 12 November 2024 – The House in Review

Leave a Reply