It was a big day of government business on Thursday with debate on a disallowance motion and a matter of public importance taking considerable time in the House. The House went on to hear the introduction of one bill related to the establishment of the Sound NSW Advisory Board and pass two others, one related to puppy farming which saw the House consider a hefty 103 amendments. Read on for more…

The Legislative Council holds significant powers, including the authority to disallow delegated legislation. This refers to laws created by the executive under parliamentary authority, such as statutory rules, regulations, by-laws, and similar instruments.

On Tuesday afternoon, the Council debated a motion moved by Ms Sue Higginson (The Greens) to disallow the Crimes Amendment (Major Facilities) Regulation 2024. Under this regulation the Regulation 2020 is modified to designate specific metro stations as “major facilities” under section 214A of the Crimes Act 1900. Section 214A establishes offences for actions that cause damage to or disrupt the operation of major facilities, emphasising the protection of critical infrastructure. By identifying these metro stations as major facilities, the regulation ensures they are covered by the heightened legal protections and penalties provided under this section.

Contributions to the debate were made by members of the Government, the Opposition, The Greens and Independent member the Hon Mark Latham. Read all contributions to the debate in the Hansard record, and continued here.

The disallowance motion was negatived on division (Ayes: 6/Noes: 23). Voting in the negative were members of the Government, the Opposition, the Legalise Cannabis Party and the Shooters, Fishers and Farmers Party.

Early on Thursday, on the motion of Dr Amanda Cohn (The Greens) the House agreed to debate a matter of public importance related to the pay and working conditions for nurses and midwives in the NSW public health system.

‘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 Opposition, The Greens, and the Animal Justice Party.

Read the full debate in the Hansard record.

In his capacity as Minister for Arts and Music, the Hon John Graham introduced the Sound NSW Advisory Board Bill 2024 on Thursday. The bill seeks to establish the Sound NSW Advisory Board, which would provide advice about the contemporary music industry in New South Wales to the Minister. The bill would establish the board, its membership, functions and other establishing documents.

In his second reading speech, Minister Graham explained that the inaugural non-statutory Sound NSW Advisory Board was appointed in November 2023 and has already been providing input regarding targeted funding programs to support the contemporary music industry in NSW. Legislating the Board, the Minister said, would further formalise its establishment and ensure that its role in providing expert advice to the Minister on the strategic direction of the contemporary music industry in New South Wales is maintained. The bill would also deliver on a commitment outlined in the Government’s Creative Communities policy.

The proposed bill would require the Minister to appoint at least nine and no more than 12 members to the Board. The bill and the regulation also set out composition requirements that build on the existing board charter to include that the board must have regional, Aboriginal or Torres Strait Islander and professional music creator representation. The legislation would provide for the Minister to be able to issue a charter to the Board that sets out additional functions for the Board or the manner in which it is to operate.

Read more about the bill in Minister Graham’s second reading speech.

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

The Portable Long Service Leave Legislation Amendment Bill 2024 passed the Legislative Council on Thursday, after having passed the Legislative Assembly in a previous sitting period.

The bill aims to preserve the continuity of long service leave for certain workers who worked at a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970 within New South Wales (a NSW Commonwealth Place) in the building, construction and contract cleaning industries. Mr Buttigieg explained that currently, a constitutional barrier means that otherwise eligible work taking place on Commonwealth land is not recognised as service under the New South Wales Acts.

The bill seeks to amend two acts (and their corresponding regulations): the Building and Construction Industry Long Service Payments Act 1986 and the Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010. The bill would firstly ensure that a worker’s registration cannot be cancelled because they work solely at a Commonwealth place. It would do this by adding work at a Commonwealth place in NSW as a day that does not count towards the four-year period of non-service that otherwise triggers cancellation of registration for these workers.

Amendments would also clarify that the Long Service Corporation can reinstate cancelled registrations of workers when the registration was cancelled due to work at a Commonwealth place, restoring their entitlement to receive service credits for work performed on those sites. Restoring the cancelled registration of a worker under the Building and Construction Industry Long Service Payments Act 1986 would also restore prior service credits accrued elsewhere — similar to an existing provision in the Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010

You can find out 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 the full debate in the Hansard record.

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

Also passing the Legislative Council on Thursday was the Prevention of Cruelty to Animals Amendment (Puppy Farming) Bill 2024. The bill amends four Acts and Regulations to provide for a regulatory framework for dog breeding and the advertising of dogs to be sold, given away or otherwise transferred. Read more about the bill in our previous blog.

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

The second reading of the bill was agreed to on the voices before the House resolved into committee of the whole to consider 103 amendments moved by the Animal Justice Party, the Government, the Shooters, Fishers and Farmers Party, the Opposition and The Greens. Of these amendments, 15 were agreed to.

Among the amendments debated during the committee stage were those put forward by the Animal Justice Party seeking to reduce the maximum number of allowable caesareans an adult dog can undergo. These were agreed to. Similarly, The Greens moved amendments related to record keeping of dog caesareans which were also agreed to. A reduced lifetime breeding cap, specifying the maximum number of deliveries for a dog was also the subject of a number of amendments by The Greens and the Animal Justice Party. These were amendments were negatived.

The Opposition sought to amend the exemptions set out for “working dogs” in the bill, meanwhile amendments by The Greens sought to remove these exemptions entirely. All amendments related to working dogs were negatived. Among other amendments that were negatived were those moved by the Opposition and the Shooters, Fishers and Farmers Party which sought to change the definition of ‘adult dog’ from 6 to 12 months of age and to increase the maximum number of dogs from 20 to 50.

View a full list of proposed amendments for this bill here, and view the schedule of all amendments that passed.

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.

RequestMoved byAgreed to?Due date
Racing NSW—Further orderThe Hon Mark Latham (Independent)Agreed to on division (Ayes: 21/Noes: 14)19 November 2024

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

Among the documents tabled and reported on Thursday was:

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

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