The first sitting week of 2025 finished with an eventful day that saw a new member elected to the Upper House during a joint sitting, debate on a matter of public importance, and five bills passing the Legislative Council. A bill related to energy pipelines and gas safety, as well as one about strata schemes were among the bills passed. Read on for more…  

JOINT SITTING 

In the afternoon, both Houses met in a joint sitting to elect a new member to fill the vacancy in the Legislative Council left by the resignation of the Hon Sam Farraway (Nationals) in late 2024.  

Mrs Nichole Lorraine Overall was elected to fill the seat, having previously served as Member for Monaro in the Legislative Assembly between February 2022 and March 2023.  

MATTER OF PUBLIC IMPORTANCE – RACING NSW AND CROWN LANDS

On the motion of the Hon Mark Latham (Independent), the House agreed to debate a matter of public importance related to the ownership and management of Crown Lands – specifically, the appointment of Racing NSW as a Crown land manager for Queanbeyan Racecourse.  

‘Matters of public importance’ allow members to debate an issue, without the requirement for a vote on the matter, with the motion lapsing at the conclusion of the debate.

Contributions to the debate were made by members of the Government and The Greens.

Read all member contributions in full in the Hansard record here and continued here.

PASSED – ENERGY AMENDMENT (PIPELINES AND GAS SAFETY) BILL 2024

Passing the Council on Thursday was the Energy Amendment (Pipelines and Gas Safety) Bill 2024. This bill was previously introduced on the final sitting day of 2024.

The bill will 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. Changes are designed to enhance government investigation powers, to increase the maximum penalties for particular offences and provide for continuing offences, as well as refining administrative processes and delegations.

Minister Sharpe said changes would enhance the governance, safety and operational efficiency of gas networks in New South Wales. To read more about the bill, review our blog post from November last year.

Contributions to the second reading debate were made by members of The Greens and the Opposition on Tuesday evening, before debate was adjourned. Member contributions from Tuesday’s interrupted debate can be read here.

With the second reading of the bill agreed to on the voices, the House resolved into a committee of the whole to consider nine amendments moved by Ms Cate Faehrmann on behalf of The Greens.

These amendments addressed proposed penalties, seeking to reduce penalty amounts for individuals for certain offences. They also addressed regulation-making powers around the compulsory acquisition of land. The amendments were negatived on division (Ayes: 6/Noes: 30). See the Hansard record for full proceedings from committee of the whole.

With the bill’s third reading agreed to on the voices, it was then forwarded to Assembly for concurrence.

PASSED – MARINE SAFETY AMENDMENT BILL 2024

The Marine Safety Amendment Bill 2024 also passed the Council on Thursday. This bill amends the Marine Safety Act 1998 addressing recommendations arising from an October 2022 discussion paper on the Marine Safety Regulation 2016.

In his second reading speech, the Hon John Graham explained that the bill aims to strengthen and streamline marine legislation by improving safety, protecting the environment and addressing vessel ownership issues. The bill enhances port safety by increasing the minimum vessel length for compulsory pilotage from 30 to 35 metres, aligning NSW regulations with other states, and requiring large recreational vessels (35 metres+) to have pilotage unless their master holds a special recreational vessel permit. It also introduces a licence cancellation policy for retired marine pilots and a new offshore anchoring framework to protect sensitive seabed habitats. To prevent vessel abandonment and environmental hazards, the bill strengthens registration and transfer requirements, mandates that all vessels on State waters be registered and expands the definition of “unsafe vessel” to include derelict and former vessels allowing for their tracking and removal.

Additionally, the bill modernises the regulation of commercial waterway activities by enabling flexible aquatic licence durations and introducing a licence transfer system to support business continuity. Read more about the bill in Mr Graham’s second reading speech.

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

Both the second and third readings of the bill were agreed to on the voices before the bill was returned to the Assembly, ready to be forwarded to the Governor for assent.

PASSED – JUSTICE LEGISLATION AMENDMENT (CIVIL) BILL 2024

The Justice Legislation Amendment (Civil) Bill 2024 passed the Council on Thursday, having passed the Legislative Assembly late last year. This bill makes miscellaneous amendments to seven different Acts in the Communities and Justice portfolio relating to children, described by several members as necessary “housekeeping”.

In his second reading speech, the Hon Mark Buttigieg said the bill aims to improve court and legal processes and ensure operational efficiency, improve and clarify government processes and functions, and clarify certain regulation‑making powers.

Changes include amending the Births, Deaths and Marriages Registration Act 1995 to authorise the Registrar of Births, Deaths and Marriages to employ contingent labour and allow for functions to be delegated to contingent labour, with a consequential amendment to the Status of Children Act 1996. An amendment to the Land and Environment Court Act 1979 meanwhile confers power on the Land and Environment Court to order the forfeiture of chemical substances to the Crown. The Police Act 1990 will be amendedto clarify that a New Zealand citizen residing in Australia on a special category visa is eligible to be appointed as a member of the NSW Police Force. Remaining amendments concern the Modern Slavery Act 2018, Legal Profession Uniform Law Application Act 2014, and Powers of Attorney Act 2003. 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. These can be read in the Hansard record.

With the second and third readings of the bill agreed to on the voices, the bill was sent back to the Legislative Assembly before being forwarded on for the Governor’s assent.

PASSED – CRIMES (ADMINISTRATION OF SENTENCES) AMENDMENT BILL 2024

Another bill originating in the Legislative Assembly and passing the Legislative Council on Thursday was the Crimes (Administration of Sentences) Amendment Bill 2024. This bill amends the Crimes (Administration of Sentences) Act 1999 (CAS Act) to consolidate processes and procedures for the operation of correctional centres and management of inmates; to ensure the validity of regulations; and for other purposes.

Moving the bill’s second reading on behalf of the Hon Penny Sharpe, the Hon Mark Buttigieg explained that the bill is designed to enhance transparency and integrity in the operations of Corrective Services NSW. Most significantly, the bill strengthens offence provisions relating to intimate relationships and sexual conduct between correctional employees and inmates, in response to the Special Commission of Inquiry into offending by former Corrections Officer Wayne Astill at Dillwynia Correctional Centre (Astill Inquiry).

The bill amends the misconduct offence under section 236Q of the CAS Act to implement Recommendation 4 from the Astill Inquiry, expressly prohibiting correctional employees from engaging in an intimate relationship or sexual conduct with an inmate. There will no longer be a requirement to prove particular risks to the correctional facility nor a compromise to the proper administration of a sentence for this behaviour to be considered an offence.

The bill additionally introduces several miscellaneous amendments. The activities approved as ‘community service work’ by the Minister are required to be published in the Gazette and on a website administered by Corrective Services NSW, and amendments also clarify that the Commissioner of Corrective Services can direct inmates to be committed to any correctional centre where a warrant of commitment does not identify a specific centre. Several ‘machinery-type’ amendments ensure that provisions in the supportingCrimes (Administration of Sentences) Regulation 2014 are appropriately supported by express regulation-making powers in the Act. 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. Member contributions can be read here in the Hansard record.

After the second reading of the bill was agreed to on the voices, the House resolved into a committee of the whole. Ms Sue Higginson moved two amendments on behalf of The Greens, seeking to remove a blanket power for the regulations to require correspondence to inmates to be written in English. Read the full committee of the whole proceedings in the Hansard record.

With the amendments agreed to on the voices, the bill as amended was read a third time before being sent back to the Legislative Assembly for consideration of the changes.

PASSED – STRATA SCHEMES LEGISLATION AMENDMENT BILL 2024

The Strata Schemes Legislation Amendment Bill 2024 passed the Council on Thursday, having passed the Assembly on the previous sitting day. This bill amends the Strata Schemes Management Act 2015 to implement recommendations arising from a 2021 statutory review of the Act and makes related amendments to the Community Land Management Act 2021.

In his second reading speech, the Hon Mark Buttigieg explained that the bill enhances accountability and transparency in strata management by strengthening protections for owners and ensuring strata managers and building managers act in the best interests of owners’ corporations.

The bill seeks to strengthen consumer protections and governance for owners’ corporations and associations in NSW by prohibiting unfair contract terms, extending consumer law protections and improving strata committee accountability. The bill mandates training for members of strata committees, requires written reasons for minor renovation refusals and enforces stricter maintenance obligations with extended claim periods and enforcement powers for NSW Fair Trading. The bill also prevents owners’ corporations from being locked into uncompetitive utility contracts, mandates the disclosure of embedded networks in property sales and prohibits by-laws that block sustainability infrastructure. Additionally, this bill enhances accountability and transparency in strata management by strengthening protections for owners and ensuring strata managers and building managers act in the best interests of owners’ corporations. It prohibits contract terms that limit agent liability or require owners’ corporations to cover professional indemnity liabilities, increases reporting requirements, and allows schemes to terminate contracts if managers operate unlawfully. Building managers will have a statutory duty to act in the owners’ corporation’s best interests, with a regulation-making power for further obligations.

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

The second reading was agreed to on the voices, before the House resolved into a committee of the whole…

  • Ms Cate Faehrmann moved four amendments on behalf of The Greens, seeking to place the burden of disproving eligibility for a payment plan on the strata rather than placing the burden of proving eligibility on the lot owner, as it currently stands. These amendments were negatived on the voices.
  • Ms Faehrmann moved another four amendments, seeking to prevent the owners’ corporation from charging interest on unpaid contributions that are the subject of a payment plan under consideration, and ensure that recovery actions cannot be undertaken when a payment plan has not yet been determined. These amendments were negatived on the voices.
  • Ms Faehrmann moved a further two amendments, seeking to insert a clause to disallow embedded network contracts from requiring fees to be paid to recuperate infrastructure installation costs, if the contract was to end or be terminated. These amendments were negatived on the voices.
  • The Hon Taylor Martin (Independent) moved four amendments, seeking to retain the existing timeframe of 21 days before an owners’ corporation can take action to recover overdue levies and setting out an alternative order in which payments by an owner in arrears should be applied to their overall amount owing. These amendments were negatived on the voices.
  • The Hon Emma Hurst (Animal Justice Party) moved four amendments. These amendments sought to ensure that someone with an assistance animal is required to provide only one form of appropriate evidence to their strata scheme or association to prove that their animal is an assistance animal. The amendments were agreed to on the voices.
  • The Hon Scott Farlow moved three amendments on behalf of the Opposition. The amendments sought to set the bond amount at 2 per cent, and allow the regulations to vary this percentage only when there are three or more issuers of decennial liability insurance (insurance that provides ten years of cover for serious defects) in NSW. These amendments were negatived on the voices.

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

The third reading of the bill was agreed to on the voices before the bill as amended was returned to the Assembly for consideration of the changes.

GENERAL MOTIONS

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

IN COMMITTEES

Ms Cate Faehrrmann tabled Report No. 25 of the Transport and the Arts, Use of e-scooters, e-bikes and related mobility options, dated February 2025.

Leave a Reply