The Legislative Council got right down to business on Thursday, passionately debating a ‘matter of public importance’ related to the importance of integrity and transparency in governance. The House also passed two bills, one related to the governance of SafeWork NSW and one related to the bail system, and members contributed to a government motion acknowledging the impact of ex-Tropical Cyclone Alfred. Read on for more…

MATTER OF PUBLIC IMPORTANCE – INTEGRITY AND TRANSPARENCY IN GOVERNANCE

On the motion of Sue Higginson (the Greens), the House agreed to debate a matter of public importance related to the importance of integrity and transparency in governance – with particular reference to hate crime bills passed in the previous sitting period.

‘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, the Opposition, the Greens, the Libertarian Party, and independent member the Hon Mark Latham.

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

PASSED – WORK HEALTH AND SAFETY AMENDMENT (STANDALONE REGULATOR) BILL 2025

The Work Health and Safety Amendment (Standalone Regulator) Bill 2025 passed the Council on Thursday evening, having passed the Legislative Assembly earlier in the week. Introduced by Parliamentary Secretary the Hon Mark Buttigieg on behalf of the Hon Daniel Mookhey, the bill amends the Work Health and Safety Act 2011 to establish a new governance model for SafeWork NSW and facilitate its transition to a standalone executive agency. Amendments allow for the establishment of the SafeWork Advisory Council, and provide for its functions, membership and procedures. The bill requires the SafeWork Commissioner to take into account the advice of the Advisory Council when exercising certain functions and designates the SafeWork Commissioner as regulator under the Act.

In his second reading speech, the Minister pointed to the independent review of SafeWork NSW undertaken by the Hon Robert McDougall KC in 2022, which made 46 recommendations aimed at strengthening SafeWork NSW’s regulatory capabilities. The Minister explained that the bill was an important step in effecting the necessary changes and increasing public confidence in the regulator. Read the full second reading speech in the Hansard record here.  

Contributions to the second reading debate were made by members of the Government, the Opposition, the Greens, independent member the Hon Mark Latham, and the Shooters, Fishers and Farmers Party. Read all 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 amendments…

  • Ms Abigail Boyd moved one amendment on behalf of the Greens, seeking to bring the oversight of work health and safety laws within the remit of the parliamentary Standing Committee on Law and Justice. This amendment was agreed to on the voices.
  • Independent member the Hon Mark Latham moved one amendment, seeking to require the SafeWork Commissioner to report twice yearly on its achievements, challenges, program management and regulatory engagement, to be posted on the SafeWork NSW website. This amendment was also agreed to on the voices.

With the third reading of the bill as amended agreed to on the voices, the bill was returned to the Legislative Assembly for consideration of the changes.  

PASSED – BAIL AMENDMENT (EXTENSION OF LIMITATION ON BAIL IN CERTAIN CIRCUMSTANCES) BILL 2025

Having passed the Legislative Assembly the previous day, the Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Bill 2025 made its way to the Council on Thursday evening.

In her second reading speech, Minister the Hon Tara Moriarty explained that the bill seeks to extend the temporary additional bail test under section 22C of the Bail Act 2013 for youth offenders. Initially set to expire on 4 April 2025, the bill extends the provision until 4 April 2028. The test applies to young people aged 14 to 17 who are charged with serious break-and-enter or motor theft offences while already on bail for similar crimes. Bail is to be refused unless authorities have a “high degree of confidence” that the offender will not commit another serious offence while on bail.

The extension aims to maintain community safety while the government continues implementing long-term programs to reduce youth crime. Initiatives include community-based support programs, increased funding for youth services, additional law enforcement operations, and expanded legal and health resources in regional areas. The bill also mandates a statutory review of section 22C 12 months after the amendment takes effect, with input from the Bureau of Crime Statistics and Research (BOCSAR). This review, along with ongoing evaluations of community safety programs, will inform future policy decisions on youth justice.

The Minister’s second reading speech can be found in the Hansard record.

Contributions to the second reading debate were made by members of the Government, the Opposition, the Greens, the Shooters, Fishers and Farmers Party, and independent member the Hon Rod Roberts. Member contributions to the debate can be viewed in Hansard here, with proceedings in committee of the whole continuing here.

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

  • Two amendments were moved by the Hon Susan Carter on behalf of the Opposition which sought to add a curfew from 8.00pm to 6.00am and electronic monitoring to young people who are subject to the test in section 22C as mandatory bail conditions and reduce the sunset clause for the temporary bail test to 1½ years instead of three years. These amendments were voted on separately, with the first one agreed to (Ayes: 16/Noes: 11) and the second negatived (Ayes: 5/Noes: 22)
  • Two amendments were moved by Ms Sue Higginson on behalf of The Greens which sought to change the bail test from requiring a “high degree of confidence” to requiring “confidence” that they will not commit a serious indictable offence and narrowing the scope of offences captured. The first of these amendments lapsed with the passing of the above Opposition amendment, and the second was negatived on division (Ayes: 5/Noes: 22)
  • Three amendments were moved by the Hon Susan Carter on behalf of the Opposition which sought to require BOCSAR to prepare reports on the operation of section 22C every three months and amend the long title of the bill. These amendments were negatived on division (Ayes: 12/Noes: 15)
  • Two amendments were moved by Ms Sue Higginson on behalf of The Greens which sought to create a review of section 22C by Portfolio Committee No. 5 – Justice and Communities 12 months after commencement. These amendments were negatived on division (Ayes: 6/Noes: 23)
  • One amendment was moved by Ms Sue Higginson on behalf of The Greens which sought to allow the District Court to hear bail applications that have been refused by the Local Court. This amendment was negatived on division (Ayes: 6/Noes: 22)

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

With the third reading agreed to on division (Ayes: 22/Noes: 5), the bill as amended was sent on to the Legislative Assembly for consideration of the changes.

GOVERNMENT MOTION – IMPACTS OF TROPICAL CYCLONE ALFRED

The House debated a motion, moved by Minister the Hon Rose Jackson, about the impacts of Tropical Cyclone Alfred. The motion called on the House to acknowledge communities impacted by the cyclone and commend the extraordinary preparation of communities in northern NSW.

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

Read the full debate in the Hansard record.

GENERAL MOTIONS

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

IN COMMITTEES

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

Ms Abigail Boyd (The Greens) also informed the House that Portfolio Committee No. 3 – Education had resolved to adopt new inquiry into the Early Childhood and care sector in NSW. Read the terms of reference in the Hansard record. Find out more about the inquiry when details are published on our website soon.

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