It was a marathon final day for the Council’s last sitting of the year! With three bills introduced and a further eight passing the House, it was a legislation-packed end to 2024. The day finished with a traditional round of seasonal felicitations, which can be read in full in the Hansard record. Read on for more…

MINISTERIAL STATEMENT – BICENTENARY OF THE LEGISLATIVE COUNCIL

Early in the sitting day Leader of the Government in the Legislative Council, the Hon Penny Sharpe made a statement about the 2024 Bicentenary of the Legislative Council. Ms Sharpe reflected on the Bicentenary program which featured seminars, regional roadshows, commissioned artworks and a royal visit by His Majesty King Charles III, emphasising both the historical significance of the Council and its continued commitment to democracy and inclusivity.

The Leader of the Opposition in the Legislative Council, the Hon Damien Tudehope, made a statement in reply. Both members thanked all those who have been involved in the 2024 Bicentenary program of events.

Read the full Ministerial statement in the Hansard record.

INTRODUCED: PROTECTION OF THE ENVIRONMENT AMENDMENT LEGISLATION (FOGO RECYCLING) BILL 2024

In her capacity as Minister for the Environment, the Hon Penny Sharpe introduced the Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2024.

The bill proposes amendments to the Protection of the Environment Operations Act 1997 to mandate the source-separated collection of food and garden organics waste (also known as FOGO) from households and of food waste from businesses. The bill also mandates the reporting of food donations by large supermarkets. It sets out penalties for failure to comply with the requirements, as well as exemption and regulation-making powers.

The Minister explained that Greater Sydney is projected to run out of landfill capacity by 2030 or earlier. The bill is intended to divert FOGO waste from landfill, reduce residual waste and methane emissions, and alleviate the rising household costs associated with waste disposal when landfill capacity runs out.

Proposed changes would be phased in, with supermarkets, hospitality premises and similar institutions that meet specified bin capacity required to ensure the separate weekly collection and transport of FOGO waste from 1 July 2026. Local councils would be required to separately collect and transport FOGO waste from households weekly from 1 July 2030, and provisions are also made to cover commercial waste service providers. Large supermarkets would be required to report on surplus food donations on a monthly basis from 1 July 2026.

The bill also makes amendments to the Protection of the Environment Operations (General) Regulation 2022 and Protection of the Environment Operations (Waste) Regulation 2014. Read more about the bill in Minister Sharpe’s second reading speech.

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

INTRODUCED: ENERGY AMENDMENT (PIPELINES AND GAS SAFETY) BILL 2024

In her capacity as Minister for Energy, the Hon Penny Sharpe also introduced the Energy Amendment (Pipelines and Gas Safety) Bill 2024 on Thursday. The bill would amend three pieces of legislation – the Gas Supply Act 1996, the Pipelines Act 1967 and the Criminal Procedure Act 1986 – with the aim of modernising the Gas Supply Act and better harmonising it with the Pipelines Act, as well as with similar energy legislation in the State and elsewhere.

Minister Sharpe said changes would enhance the governance, safety and operational efficiency of gas networks in New South Wales, informed by consultations on the matter in recent months.

Amendments to the Gas Supply Act and the Pipelines Act wouldenhance government investigation powers, including through granting inspectors the power to direct persons and operators to undertake specified activities related to gas supply and pipelines, to enter premises and inspect land, and request information. Changes across both Acts would also increase the maximum penalties for particular offences and provide for continuing offences, as well as refining administrative processes and delegations.

The bill would make amendments to the Criminal Procedure Act consequential to penalty amendments in the other two acts.

Find out more about the bill in Ms Sharpe’s second reading speech.

According to standing order, debate on the bill was adjourned for five calendar days.

INTRODUCED: MENTAL HEALTH LEGISLATION AMENDMENT BILL 2024

The Mental Health Legislation Amendment Bill 2024 was introduced in the Legislative Council by Minister for Mental Health the Hon Rose Jackson. The bill would amend the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, (referred to as the Forensic Act), and the Mental Health Act 2007 to improve the oversight of forensic patients. Forensic patients include people who have committed crimes while mentally unwell or cognitively impaired, and for that reason are not considered criminally responsible for their acts.

Proposed changes to the Forensic Act would provide that the Mental Health Review Tribunal may impose prohibitions or restrictions on the use of social media or other forms of online communication when making an order for the release of a forensic patient. Ms Jackson said that expressly recognising the Tribunal’s power to impose such conditions reflects the evolving technological landscape. Amendments would also stipulate that to make an order for the release of, or grant a leave of absence to, a forensic patient, the Tribunal must constitute at least one member – including the President or Deputy President – who is a holder or former holder of a judicial office. Amendments to the Mental Health Act would clarify the remuneration and other entitlements of Magistrates appointed as the President of the Tribunal, and Magistrates or Judges appointed as a full-time Deputy President of the Tribunal. The Minister explained this aimed to attract more magistrates and judges to the tribunal. Read more about the bill in Ms Jackson’s second reading speech.

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

PASSED: BIODIVERSITY CONSERVATION AMENDMENT (BIODIVERSITY OFFSETS SCHEME) BILL 2024 

The Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Bill 2024 passed the Legislative Council on Thursday. This bill amends 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) Act 2021. Read more about the bill in our previous blog, and here.

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

The second reading of the bill was agreed to on the voices before the House resolved into a committee of the whole to consider 61 amendments moved by The Greens, the Opposition, the Legalise Cannabis Party, the Government and the Animal Justice Party. Of these amendments, 20 were agreed to.

Among the amendments debated during the committee stage were those put forward by The Greens which sought to embed climate resilience and other climate considerations into the Biodiversity Conservation Act. These amendments were negatived on division. The Greens also moved amendments seeking to create a stricter definition of “like-for-like” biodiversity offset rules, which were negatived on division.

The Opposition moved amendments which sought to remove the Environment Agency Head’s power to direct accredited assessors. These amendments were agreed to on the voices. Amendments related to the creation of end-to-end reporting for biodiversity credits in the register were moved by the Legalise Cannabis Party and were agreed to on the voices. The Government’s amendments, which sought to update terminology after stakeholder consultation and correct drafting errors, were also agreed to on the voices.

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.

The House divided on the third reading of the bill (Ayes: 24/Noes: 5) with members of The Greens and Animal Justice Party voting in the negative. The bill as amended was then sent on to the Legislative Assembly for concurrence.

PASSED: ENVIRONMENTAL PLANNING AND ASSESSMENT AMENDMENT (STATE SIGNIFICANT DEVELOPMENT) BILL 2024

Parliamentary Secretary the Hon Mark Buttigieg (Labor) introduced the Environmental Planning and Assessment Amendment (State Significant Development) Bill 2024 on Thursday. This bill amends the Environmental Planning and Assessment Act 1979 in response to a recent court decision impacting State significant development consents.

In his second reading speech, Mr Buttigieg explained that the bill addresses the legal and practical uncertainties in the state’s planning system as a result of the Court of Appeal’s decision in the Bowdens Silver case. That decision required offsite enabling infrastructure, such as transmission lines, to be assessed as part of a single State Significant Development (SSD) application, overturning longstanding practices that allowed such infrastructure to be assessed via separate or alternative pathways.

This bill clarifies assessment practices by restoring prior procedures that allow the Planning Secretary to determine whether offsite infrastructure is integral to a State Significant Development (SSD) application. This enables its assessment through alternative pathways where appropriate. It also aims to provide certainty by validating past SSD consents and associated infrastructure, protecting them from legal challenges. Additionally, the bill seeks to ensure efficient progression by reducing delays and risks to approximately 60 ongoing and 21 completed SSD projects, which collectively represent $50 billion in investment. These projects include essential developments such as renewable energy, housing, and public infrastructure. 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 Independent member the Hon Rod Roberts. Read all member contributions in the Hansard record.

The House divided on the second reading of the bill (Ayes: 28/Noes: 5) with members of The Greens and the Animal Justice Party voting in the negative.

When the House resolved into committee of the whole, two amendments were moved by Ms Sue Higginson on behalf of The Greens which sought to clarify that renewable electricity generating works, including facilities for generating and storing electricity from renewable sources, can be considered as State significant development. These amendments were negatived on division (Ayes: 5/Noes: 28). 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 returned to the Legislative Assembly, ready for the Governor’s assent.

PASSED: CRIMES AMENDMENT (OBSTRUCTING A RAILWAY) BILL 2024

Also passing the Legislative Council on Thursday was the Crimes Amendment (Obstructing a Railway) Bill 2024. The bill amends the Crimes Act 1900 creating a monetary penalty for obstructing a railway.

In his second reading speech, Treasurer the Hon Daniel Mookhey explained that the bill seeks to address safety concerns and deter dangerous behavior on railway lines by increasing penalties for activity that obstructs railway operations. It doubles the maximum fine that the Local Court can impose from 100 to 200 penalty units ($22,000), aligning it with penalties for similar offences under section 214A (damaging major facilities) and section 144G of the Roads Act 1993 (disrupting major roads or bridges). The maximum imprisonment term of two years remains unchanged, and higher courts can still impose fines of up to 1,000 penalty units ($110,000) for serious cases. Read more about the bill in Treasurer Mookhey’s second reading speech.

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

The House divided on the second reading of the bill (Ayes: 28/Noes: 6) with members of The Greens, the Animal Justice Party and the Legalise Cannabis Party voting in the negative.

The House resolved into a committee of the whole to consider three amendments moved by Ms Sue Higginson on behalf of The Greens which sought to create express defences and exemptions for those obstructing a tramway or light rail or obstructing a railway when it is their place of work. The amendments also sought to include a statutory review after 12 months of the bill being enacted, including public consultation. These amendments were negatived on division (Ayes: 6/Noes: 28).

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 returned to the Legislative Assembly, ready for the Governor’s assent.

PASSED: VICTIMS RIGHTS AND SUPPORT AMENDMENT (VICTIMS SUPPORT COUNSELLING) BILL 2024

The Victims Rights and Support Amendment (Victims Support Counselling) Bill 2024 also passed the Legislative Council on Thursday, having passed the Legislative Assembly on the previous sitting day. This bill amends the Victims Rights and Support Act 2013 in relation to the eligibility of family victims of road crimes for approved counselling services.

Treasurer the Hon Daniel Mookhey explained that the bill would expand access to victim support counselling for families impacted by road crimes in New South Wales. It allows eligible family members of individuals killed in motor vehicle incidents to receive up to 22 hours of approved counselling, with the potential for additional hours if authorised by the Commissioner of Victims Rights. Eligibility extends to cases where an offence has been charged or, if the alleged offender is deceased or unlocatable, where sufficient evidence suggests an offence occurred. The bill applies retroactively to incidents occurring up to two years before its commencement, with discretionary provisions for older cases in exceptional circumstances. Key amendments clarify the definition of “road crime” and explicitly recognise family victims of such crimes under the Victims Rights and Support Act. The bill emphasises that counselling is available without strict time limits, allowing victims to seek support as needed. Additionally, family victims of road crimes will not be required to wait for insurance claim resolutions before receiving counselling. Read more about the bill in Mr Mookhey’s second reading speech.

Members of the Opposition and The Greens made contributions to the second reading debate. 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 bill then returned to the Legislative Assembly ready for the Governor’s assent.

PASSED: PUBLIC HEALTH (TOBACCO) AMENDMENT BILL 2024

The Public Health (Tobacco) Amendment Bill 2024 passed the Legislative Council on Thursday, being introduced by Minister the Hon Courtney Houssos. This bills amends the Poisons and Therapeutic Goods Act 1966, the Medicines, Poisons and Therapeutic Goods Act 2022, the Criminal Procedure Act 1986, the Public Health (Tobacco) Act 2008 and the Smoke-free Environment Act 2000 insofar as they relate to the supply and possession of vaping goods.

In her second reading speech Minister Houssos explained that this bill aligns New South Wales legislation with recent Commonwealth reforms addressing the illegal supply and possession of vaping goods. It introduces specific offences under the Poisons and Therapeutic Goods Act 1966 and the Medicines, Poisons and Therapeutic Goods Act 2022, empowering NSW officers to enforce bans on vaping goods unless authorised for therapeutic purposes, such as smoking cessation. The penalties include substantial fines and imprisonment, with graded enforcement options. Exceptions apply for personal use within limits and authorised medical professionals. The bill also amends related legislation to remove references to e-cigarettes and uphold existing smoke-free regulations. Read more about the bill in Minister Houssos’s second reading speech.

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

The second reading of the bill was agreed to on the voices before the House resolved into a committee of the whole to consider one amendment moved by Dr Amanda Cohn on behalf of The Greens. This amendment sought to ensure that an independent review of the amendments be conducted, commencing no later than 1 July 2026. 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 as amended was sent on to the Legislative Assembly for concurrence.

PASSED: REVENUE LEGISLATION FURTHER AMENDMENT BILL 2024

The Legislative Council also passed the Revenue Legislation Further Amendment Bill 2024 on Thursday. This bill makes miscellaneous amendments to certain revenue legislation.

In her second reading speech, Minister the Hon Courtney Houssos explained that the bill introduces a range of reforms aimed at improving the administration and equity of taxation, fines and debt recovery legislation in NSW. It includes updates to taxation laws, such as enhancing duty exemptions for family farm transfers and relationship breakdowns, broadening the definition of qualified investors and aligning tax treatment for Corporate Collective Investment Vehicles with federal provisions. Amendments to payroll tax address “phoenixing”, extend a rebate for bulk-billing medical centres and clarify exemptions for corporate collective investment vehicles (CCIVs). Land tax changes align exemptions for Aboriginal land councils and Native Title Bodies Corporate and address inconsistencies in principal residence rules. Read more about the bill in Minister Houssos’s second reading speech.

Members of the Opposition contributed to the second reading debate, which you can read in full in the Hansard record.

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

PASSED: WITNESS PROTECTION AMENDMENT BILL 2024

The Witness Protection Amendment Bill 2024 also passed the Council on Thursday. This bill amends the Witness Protection Act 1995 to provide additional protection for and assistance to participants and former participants in the witness protection program. It also provides for the disclosure and secure management of certain information relating to the witness protection program.

Minister the Hon Tara Moriarty explained that the bill seeks to strengthen and modernise the witness protection program. Key enhancements proposed in the bill include expanded protections for participants’ identities in light of advancements in biometric data collection and stricter penalties for recording or disclosing confidential program information. The bill also improves processes for identity record removal and creation, safeguards participants involved in legal proceedings, and introduces stronger operational measures to maintain confidentiality and program integrity. By incorporating these updates, the reforms aim to enhance the program’s reliability, bolster public trust, and support law enforcement efforts in combating serious and organised crime. Read more about the bill in Minister Moriarty’s second reading speech.

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

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

PASSED: STATE INSURANCE AND CARE GOVERNANCE AMENDMENT (GOVERNANCE ARRANGEMENTS) BILL 2024

The last bill passing the Legislative Council in 2024 was the State Insurance and Care Governance Amendment (Governance Arrangements) Bill 2024. This bill amends the State Insurance and Care Governance Act 2015 to provide for improved governance arrangements and transparency in relation to Insurance and Care NSW (icare).

In his second reading speech, Parliamentary Secretary the Hon Mark Buttigieg explained that the bill will reconstitute the icare board by removing the chief executive as a voting member, adding Treasury representation and clarifying board roles. The bill mandates the public release of icare’s business intent statement and requires ministerial approval for the appointment of the icare CEO, addressing ambiguity in current laws. The reforms respond to recommendations from the Auditor-General and aim to bolster confidence in icare’s performance, ensuring its priorities—supporting injured workers and engaging employers—are met. 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 and The Greens. Read the full debate in the Hansard record.

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

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 Thursday were:

Numerous other departmental annual reports were also tabled on Thursday. Find all documents tabled and reported in our Tabled Papers Database.

SPECIAL ADJOURNMENT

When the House wrapped up for the evening, it wasn’t an ordinary adjournment – it was a ‘special adjournment’! This type of adjournment occurs a few times a year, often marking extended breaks between sittings, such as the winter and summer recesses. On this occasion, the House adjourned until its next scheduled sitting on 11 February 2025, unless recalled earlier by the President… but not before members debated a Seasonal Felicitations motion, in which members across the House acknowledged the work of both their colleagues and staff over the year and provided often touching tributes, acknowledging the particularly collegiate spirit in which members of the Legislative Council work with one another across party lines.

Wishing all of our readers a safe and happy holiday season. See you in 2025!

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