It was a busy and eventful week in the Legislative Council this week, with one Minister suspended from the House and another censured based on concerns from the non-government majority that the Government had failed to comply with orders for papers.
The President informed the House about the ongoing President of the Legislative Council of NSW v Cullen court case, noting that the hearing originally scheduled for June 2026 has been rescheduled and will likely take place in September 2026. Additionally, the President handed down a very significant ruling relating to instructions to committees, opening the door for Government bills to be amended in relation to the appearance of witnesses before the House and its committees, an attempt to use legislation to undo the effect of the Cullen case.
In amongst this the House managed to pass seven bills, including two private members’ bills related to political donation disclosures and uranium and nuclear power, and agreed to seven orders for papers.
Read on to find out more…
SUSPENSION OF THE LEADER OF THE GOVERNMENT IN THE UPPER HOUSE
The ongoing issue of the Government’s failure to produce documents continued to play out in the House this week, with a motion moved by the Hon Mark Latham (Independent) on Tuesday once again suspending the Leader of the Government in the Council from the House.
The motion noted that the Leader of the Government had previously been found guilty of contempt for failing to produce documents related to an incident at NSW Parliament House in 2015 and for not providing a satisfactory explanation for that failure to produce. It went on to suspended the Leader of the Government from the service of the House for seven calendar days, with the suspension able to be lifted only if the Leader undertakes to table the documents or satisfactorily explain the Premier’s involvement at the next sitting of the House. The suspension is the second longest in the Legislative Council’s modern history, after the suspension of the Hon Michael Egan in November 1998. Read the full motion in the Hansard record.
With the motion agreed to on division (Ayes: 20/Noes:17), Minister Sharpe was escorted from the chamber by the Usher of the Black Rod. She was suspended from the service of the House for seven calendar days.
CENSURE OF THE DEPUTY LEADER OF THE GOVERNMENT IN THE UPPER HOUSE
In addition to the suspension of the Leader of the Government, the House also took action against the Deputy Leader of the Government, the Hon John Graham. On Thursday, the House agreed to a motion, moved by Dr Amanda Cohn (The Greens) censuring the Deputy Leader of the Government in the Council, in the absence of the Leader of the Government who had already been suspended, for non-compliance with an order for papers related to the Review of criminal law protections against the incitement of hatred (also known as the Sackar review).
Speaking to the motion Dr Cohn explained that the initial order was agreed to on 18 March 2026 with a response received on 1 April 2026. The response indicated that no relevant documents were held, as the Government asserted that the documents in question were deemed Cabinet-in-confidence and thus exempt from the orders for papers process. Read the full debate in the Hansard record.
The Leader of the Government is required to provide the documents by 27 May 2026 or explain to the House why they have not been provided.
A RULING BY THE PRESIDENT AND A NEW SESSIONAL ORDER
Late on Tuesday, the President handed down his ruling on the adoption of a new sessional order which he had reserved from the previous sitting week. To recap, during the last sitting week the President ruled that the Opposition’s proposed amendments seeking to reform the Parliamentary Evidence Act being added to a Government bill were out of order because they were not sufficiently relevant to the bill before the House and hence contrary to standing order 186 (3). This prompted the Leader of the Opposition to move a dissent motion which was then adjourned. Later in the week, the Opposition moved a new motion to allow similar amendments to be considered when debating all Government bills. The President reserved his ruling on whether this proposed resolution was in order. Read more in our previous blog.
This week the President ruled that the new motion is in order because it does not interpret Standing Order 186(3) but proposes, by resolution, to displace its operation for a defined purpose, which the House is entitled to do. Any concerns about the merits or consequences of the motion are matters for debate, while the admissibility of specific amendments would remain for the Chair to decide in Committee. Read the President’s ruling in full in the Hansard record.
Following the President’s ruling, the House continued debate on the Opposition’s motion calling on the House to adopt a new sessional order allowing the House to consider amendments to any Government bill in relation to the appearance of witnesses before the House and its committees. This motion passed the House on division (Ayes: 21/Noes: 16). Read the continued debate on this motion in the Hansard record. While the resolution is now in effect, it was not subsequently used during the sitting week to amend any government bills.
BILLS INTRODUCED
- Local Land Services Amendment (Private Native Forestry) Bill 2026
- Prevention of Cruelty to Animals Amendment (Enforcement and Operational Powers) Bill 2026
BILLS PASSED
- Electoral Funding Amendment (Major Political Donors) Bill 2025
- Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2025
- Local Government and Other Legislation Amendment (Places of Public Worship) Bill 2026
- Public Health (Tobacco) Amendment (Landlord Offences) Bill 2025
- Library Amendment Bill 2026
- Water Management Amendment (Easements for Inundation) Bill 2025
- Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026
IN COMMITTEES
The following committee reports were either tabled or reported in the House this week:
- Delegated Legislation Monitor, no. 5 of 2026 of the Delegated Legislation Committee dated May 2026
- Legislation Review Digest No. 44/58, report of the Legislation Review Committee dated 5 May 2026
- Report No. 47 of the Selection of Bills Committee, dated 5 May 2026
- Rural housing and second dwellings reform, no. 1 of the Select Committee on Rural Housing and Second Dwellings Reform, dated March 2026
- New South Wales university sector: Interim report: University of Technology Sydney, University of Wollongong and consultants, no. 67 of the Standing Committee on Social Issues, dated April 2026
- Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026, no. 65 of Portfolio Committee No. 5 – Justice and Communities, dated April 2026
- 2025 Review of the Compulsory Third Party insurance scheme, no. 87 of the Standing Committee on Law and Justice, dated April 2026
- 2025 Review of the Lifetime Care and Support Scheme, no. 88 of the Standing Committee on Law and Justice, dated April 2026
- Structure and funding of the arts, music, night-time economy, and transport portfolios, no. 27 of Portfolio Committee No. 6 – Transport and the Arts, dated April 2026
GENERAL MOTIONS
| Topic | Moved by | Agreed to? |
| The unauthorised disclosure of privileged and protected information by the Honourable Mark Latham MLC and continued here | The Hon Penny Sharpe (Labor) | Agreed to, as amended |
| Access to oral contraception | The Hon Emily Suvaal (Labor) | Agreed to |
| Regulation of Medicinal Cannabis | The Hon Jeremy Buckingham (Legalise Cannabis Party) | Agreed to |
| 2026 electric vehicle strategy | The Hon Dr Sarah Kaine (Labor) | Agreed to |
| Climate-appropriate bus shelters | The Hon Jacqui Munro (Liberal) | Agreed to |
| Abuse in the greyhound racing industry – Further Order | The Hon Emma Hurst (Animal Justice Party) | Agreed to |
ORDERS FOR PAPERS
| Request | Moved by | Agreed to? | Due date |
| Bays West Precinct Redevelopment | The Hon Chris Rath (Liberal) | Agreed to | 27 May 2026 |
| Investigation or enforcement activities for food production business or retailers | Ms Abigail Boyd (The Greens) | Agreed to | 27 May 2026 |
| Delays to major transport projects | The Hon Natalie Ward (Liberal) | Agreed to | 27 May 2026 |
| Macquarie-Wambuul Water Security Project | The Hon Scott Barrett (Nationals) | Agreed to, as amended | 10 June 2026 |
| Water infrastructure projects in Western NSW | The Hon Scott Barrett (Nationals) | Agreed to, as amended | 10 June 2026 |
| Investigations, arrests and prosecutions by agents of the Government | Ms Sue Higginson (The Greens) | Agreed to | 27 May 2026 |
| Football in Schools grant – Further Order | The Hon Mark Latham (Independent) | Agreed to | 27 May 2026 |