The Legislative Council was back on Tuesday for a packed day of Government Business. The House’s newest member, the Hon Nichole Overall was sworn in first thing before the House went on to debate a disallowance motion and pass four bills related to housing, mental health and custodial services. Read on for more…

THE SWEARING IN OF THE HON NICHOLE OVERALL

Tuesday began with the swearing in of the Council’s newest member, the Hon Nichole Overall of the NSW Nationals. Following her election to the Upper House during a joint sitting last week, Mrs Overall took the Pledge of Loyalty before signing the official Roll of the House on Tuesday, marking the official beginning of her Legislative Council sitting term.

DISALLOWANCE MOTION – THE CENTENNIAL PARK AND MOORE PARK TRUST REGULATION 2024

One of the Legislative Council’s significant powers is the ability to disallow delegated legislation— laws created by the executive under parliamentary authority, including statutory rules, regulations, by-laws, and similar instruments.

On Tuesday afternoon, as moved by Ms Cate Faehrmann (The Greens), the Council debated a motion to disallow the Centennial Park and Moore Park Trust Regulation 2024. This regulation governs the use, access and activities on Centennial Park and Moore Park Trust lands, aiming to ensure public safety, environmental protection and orderly conduct.

During the debate, contributions were made by members of the Government and the Opposition. Read all member contributions in the Hansard record.

The disallowance motion was negatived on the voices.

MINISTERIAL STATEMENT – 2027 GENERAL ELECTION

The date of the 2027 general election was the subject of a Ministerial Statement made by the Hon John Graham on Tuesday. In his statement he explained that with the fixed four‑year term of the Legislative Assembly due to expire on Friday 5 March 2027, the next general election is due to be held on Saturday 27 March 2027. This date coincides with the Easter long weekend and the Government recognises that this would cause logistical challenges for NSW voters and create operational difficulties for the NSW Electoral Commission. The Government have recommended to the Governor that the next State general election be held two weeks earlier than scheduled, on 13 March 2027. Read the Minister’s full statement here.

The Hon Chris Rath (Liberal) also addressed the House.

MINISTERIAL STATEMENT – 1965 FREEDOM RIDE

Tuesday also saw the Hon Penny Sharpe, Leader of the Government in the Legislative Council, make a Ministerial Statement regarding the 60th anniversary of the 1965 Freedom Ride. Led by activist Uncle Charles Perkins, the Freedom Ride made its way through Wellington, Gulargambone, Walgett, Moree, Boggabilla, Tenterfield, Lismore, Grafton, Bowraville and Kempsey, to raise awareness about racial injustice. Ms Sharpe explained that the Government was commemorating the 60th anniversary of the 1965 Freedom Ride by funding the completion of a community pavilion in Walgett and unveiling a blue plaque to honour the event’s historical significance. Read Ms Sharpe’s full statement in the Hansard record.

The Hon Aileen MacDonald (Liberal) also addressed the House.

PASSED: HOUSING AMENDMENT BILL 2025

The Housing Amendment Bill 2025 was back in the Council on Tuesday. This bill amends the Housing Act 2001 to grant the Minister for Housing the same planning powers and functions as the NSW Land and Housing Corporation (LAHC) under relevant legislation. 

Proposed amendments would give the Minister express powers to acquire, hold, develop, lease, dispose of and otherwise deal with property (including residential property), which the Hon Rose Jackson said would allow the Government to deliver more social housing. Read more about the bill in our previous blog.

Contributions to the second reading debate were made by members of the Government, the Opposition, The Greens and the Libertarian Party. 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 amendments.

  • One amendment was moved by Ms Abigail Boyd on behalf of The Greens which sought to ensure the Minister does not dispose of public housing land before notifying the Parliament. The amendment was negatived on the voices.
  • One further amendment was moved by Ms Boyd on behalf of The Greens, seeking to require the Minister to report to Parliament on a yearly basis about their activities to support housing development and achieve housing targets in NSW. This amendment was agreed to on the voices.
  • Two amendments were moved by the Hon John Ruddick on behalf of the Libertarian Party, seeking to remove the Minister’s ability to acquire land compulsorily. The amendments were negatived 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 then sent to the Legislative Assembly for concurrence.

PASSED: MENTAL HEALTH LEGISLATION AMENDMENT BILL 2024

Also passing the Legislative Council on Tuesday was the Mental Health Legislation Amendment Bill 2024. This bill amends 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. Read more about the bill in our previous blog.

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

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, before the bill was forwarded to the Legislative Assembly for concurrence.

PASSED: INSPECTOR OF CUSTODIAL SERVICES AMENDMENT BILL 2024

The Inspector of Custodial Services Amendment Bill 2024 passed the Council on Tuesday, having passed the Assembly in late 2024. This bill amends the Inspector of Custodial Services Act 2012 in response to a 2021 statutory review of the Act. It also amends the Crimes Administration of Sentences) Act 1999 in relation to inmate discipline in correctional centres.

In his second reading speech, the Hon Mark Buttigieg explained that the bill aims to strengthen accountability and oversight of the NSW correctional system by implementing key recommendations from multiple inquiries. It clarifies the role of the Inspector, enhancing information-sharing powers and ensuring transparency in reporting. It also responds to the Special Commission of Inquiry into Offending by Former Corrections Officer Wayne Astill by reinforcing the independence of Official Visitors, improving complaint resolution and protecting whistleblowers. Additionally, the bill introduces a review mechanism for inmate disciplinary decisions, addressing concerns raised by the NSW Ombudsman in their report Investigation into inmate discipline in NSW correctional centres about procedural fairness and due process in correctional centre offences. Read more about the bill in Mr Buttigieg’s second reading speech.

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

The second reading of the bill was agreed to on the voices before the House resolved itself into a committee of the whole to consider proposed amendments…

  • Ms Sue Higginson moved three amendments on behalf of The Greens which sought to recognise offenders who are women and gender diverse, people with psychological and cognitive disabilities and people with life-threatening illnesses in the Act. The amendments also sought to guarantee that Official Visitors and the Inspector have the authority to conduct private interviews during custodial centre visits, initiated by either the interviewer or the interviewee. These amendments were agreed to on the voices.
  • Eight further amendments were moved by Ms Sue Higginson on behalf of The Greens which sought to strengthen protections for inmates and improve safety in correctional centres including stricter eligibility criteria for Official Visitors, requiring two Official Visitors per facility, mandating written consent for complaints, enhancing reporting obligations, ensuring timely parliamentary responses to inspector recommendations, and introducing accountability measures for disciplinary procedures within Corrective Services. These amendments were negatived on division (Ayes: 5/Noes: 25).

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 to the Legislative Assembly for concurrence.

PASSED: JUSTICE LEGISLATION AMENDMENT (MISCELLANEOUS) BILL 2024

Another bill that passed the Council on Tuesday was the Justice Legislation Amendment (Miscellaneous) Bill 2024. This bill, introduced by the Hon Mark Buttigieg as parliamentary secretary, amends nine different Acts relating to courts, crimes and other Communities and Justice portfolio matters. The suite of miscellaneous amendments introduces a series of legislative amendments to improve clarity, efficiency, and fairness across various laws.

The Hon Mark Buttigieg explained key changes proposed in the bill in thesecond reading speech. These include amendments to the Coptic Orthodox Church (NSW) Property Trust Act 1990, which would align it with the church’s updated governance structure by replacing the sole trustee model with a board of trustees. The bill also clarifies regulation-making powers under the Children (Detention Centres) Act 1987 regarding searches in detention centres. Amendments to the Defamation Act 2005 extend absolute privilege to complaints lodged with the Judicial Commission, enhancing protections for whistleblowers. The bill ensures that dormant funds administration costs are appropriately managed under the Dormant Funds Act 1942 and streamlines prisoner transfer procedures under the Prisoners (Interstate Transfer) Act 1982. Additionally, it enables the Solicitor General to exercise the Attorney General’s functions when the latter is on leave and rectifies a gap in the Terrorism (High Risk Offenders) Act 2017 to prevent offenders from avoiding post-sentence orders. 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 .

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

INTRODUCED: AUTOMATIC MUTUAL RECOGNITION LEGISLATION AMENDMENT BILL 2024

The Hon Mark Buttigieg as parliamentary secretary  introduced the Automatic Mutual Recognition Legislation Amendment Bill 2024 in the Council on Tuesday night. This bill amends occupational licensing legislation to take account of amendments to the Commonwealth’s Mutual Recognition Act 1992 which introduced an automatic mutual recognition scheme. Automatic mutual recognition (AMR) enables individuals who hold a licence or registration for an occupation in one Australian State or Territory to work in another State or Territory under their existing home State licence, without needing additional approvals or fees.

In his second reading speech, Mr Buttigieg explained that this bill amends the Conveyancers Licensing Act 2003, Property and Stock Agents Act 2002, Motor Dealers and Repairers Act 2013, and Tow Truck Industry Act 1998 to facilitate the inclusion of certain occupational activities in the AMR from 1 July 2025. The bill ensures that interstate licensed workers in conveyancing, real estate, property and automotive industries can operate in NSW without additional licensing requirements, while still being subject to NSW consumer protection laws and regulatory oversight. It grants NSW Fair Trading the power to calculate and collect compensation fund contributions from AMR participants, ensuring they adhere to the same rules as NSW licence holders. Additionally, the bill clarifies that NSW compliance and enforcement powers apply extraterritorially to AMR operators. Read more about the bill in Mr Buttigieg’s second reading speech.

Members of the Opposition and The Greens made contributions to the second reading debate, before the hard adjournment time of 10pm was reached. Further debate on the bill was set aside until a future sitting of the House.

Read Tuesday’s second reading debate in the Hansard record.

IN COMMITTEES

The House heard ‘take note’ debates on the following committee reports and Government responses:

During the day’s proceedings, the receipt of a number of committee reports and government responses were also reported in the House: 

The following changes in committee membership were also reported in the House on Tuesday:

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 on Tuesday was the Inspection of Bathurst Correctional Centre 2023 report of the Inspector of Custodial Services, dated February 2025.

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

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