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Running Record

Running Record (21 December 2022)

​

​​​No. 151

Wednesday 21 December 2022

The Running Record is intended as a guide only to information on the proceedings of the Legislative Council, and is updated during the course of the sitting day. It shows the progress of legislation, results of motions moved and other business conducted. Where possible, the document contains useful links to areas such as bills, the tabled papers database, and notices of motions given that day.


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MEETING OF THE HOUSECommenced 2.30 pm

The President took the Chair, prayers read.

The President acknowledged the Gadigal clan of the Eora nation.




STATEMENT BY PRESIDENT—ARRANGEMENTS IN THE TEMPORARY CHAMBER 
Commenced 2.32 pm

The President made a statement regarding arrangements in the temporary Chamber for today's sitting. 



STATEMENT BY PRESIDENT – CALIFORNIAN DELEGATIONCommenced 2.36 pm

The President made a statement regarding the California delegation

 





CONDUCT OF BUSINESSCommenced 2.36 pm
Minister Tudehope, moved according to sessional order: That standing orders be suspended to allow a motion to be moved forthwith relating to the conduct of business of the House.
Agreed to
​Minister Tudehope, moved:

That the conduct of the business of the House for today be as follows:

(1) That there be no notices of motions given this day. 

(2) That resumption of debate on any motion to take note of committee reports or government responses will be immediately set down as orders of the day on the Notice Paper for the next sitting day. 

(3) That there be no question time or take note of answers this day.

(4) That the question on the motion for the adjournment of the House this day be put without debate. 

(5) That debate on Business of the House notice of motion no. 1 relating to the disallowance of the Justices of the Peace Amendment (Court Appointed Questioner) Regulation 2022 not proceed this day. 

(6) That the following items are to take precedence of all other business for today after formalities:
(i) A condolence motion to be moved without notice by the Minister relating to the deaths of Constable Rachel McCrow and Constable Matthew Arnold and Mr Alan Dare. 
(ii) Consideration of the Government’s Energy and Utilities Administration Amendment Bill 2022. 

​Agreed to


ASSENT TO BILLSCommenced 2.38 pm
The President, reported the receipt of messages from the Governor notifying Her Excellency’s assent to the bills which are shown in the list available to members.


MESSAGE FROM THE LEGISLATIVE ASSEMBLY—ENERGY  AND UTILITIES ADMINISTRATION AMENDMENT BILL 2022  
Commenced 2.38 pm
The President, reported the receipt of a message from the Legislative Assembly forwarding the Energy and Utilities Administration Amendment Bill 2022 for concurrence.


​​1st Reading and printing: Motion of Mr Tudehope 
Agreed to
​Mr Tudehope tabled the Statement of Public Interest in relation to this bill.
​
​Mr Tudehope according to standing order, declared the bill to be an urgent bill.
​Agreed to
That the second reading of the bill stand an order of the day for a later hour of the sitting: Motion of Mr Tudehope
​Agreed to


REPORTS RECEIVED BY THE PRESIDENT
Commenced 2.39 pm
According to the relevant legislation, the President tabled reports received from the various agencies since the last sitting of the House. A full list of reports is available from the Clerks at the Table and will be recorded in the Minutes of Proceedings.
Agreed to


REPORTS OF AUDITOR-GENERAL
Commenced 2.40 pm
​​The Clerk announced according to the Government Sector Audit Act 1983, receipt of various reports of the Auditor-General, the complete list of which will be published in the Minutes of Proceedings and is available on request. 
​
​The Clerk fiurther announced, according to the Local Government Act 1993, receipt of the following report of the Auditor-General:
(1) Performance Audit report entitled ‘Development applications: assessment and determination stages’, dated December 2022.
​
​Under the Acts, the reports have been authorised to be published.
​


PAPERSCommenced 2.40 pm

Minister tabled the annual report of the NSW Education Standards Authority.



PAPERS—TABLED BY CLERKCommenced 2.41 pm

The Clerk announced receipt of reports presented since the last sitting of the House.


​The Clerk tabled the statutory rules and instruments to Friday 16 December 2022.


COMMITTEE REPORTSCommenced 2.41 pm

The Clerk announced, according to standing order, receipt of the following committee reports received since the last sitting of the House, together with associated documents. Under the standing order the reports have been authorised to be published.

Joint Standing Committee on Electoral Matters
(1) Report No. 2/57 entitled ‘Caps on third-party campaigners' electoral expenditure in s29(11) and s35 of the Electoral Funding Act 2019’, dated November 2022.
(2) Report No. 3/57 entitled ‘Adequacy of the funding allocation of the NSW Electoral Commission for the 2023 State General Election’, dated November 2022.

Portfolio Committee No. 7 – Planning and Environment
(1) Report No. 16 of Portfolio Committee No. 7 – Planning and Environment entitled ‘Integrity of the NSW Biodiversity Offsets Scheme’, dated November 2022.

Ms Higginson moved a take note motion.

(2) Report No. 17 of Portfolio Committee No. 7 – Planning and Environment entitled ‘Budget Estimates 2022-2023’, dated December 2022.

Joint Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission
Report No. 3/57 of the Joint Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission entitled '2022 review of the annual and other reports of oversighted agencies', dated December 2022.

Select Committee on the Greyhound Welfare and Integrity Commission
Report No. 1 of the Select Committee on the Greyhound Welfare and Integrity Commission entitled 'Greyhound Welfare and Integrity Commission', dated December 2022. 

Public Works Committee 
Report No. 6 of the Public Works Committee entitled ‘Impact of the Western Harbour Tunnel and Beaches Link’, dated December 2022.

Mr Mookhey moved a take note motion.

Committee on Children and Young People
Report No. 6/57 of the Committee on Children and Young People entitled ‘Child protection and social services system’, dated December 2022.

Joint Standing Committee on the Office of the Valuer General
Report No. 3/57 of the Joint Standing Committee on the Office of the Valuer General entitled 'Fifteenth General Meeting with the Valuer General', dated December 2022.

Portfolio Committee No. 2 – Health
(1) Report No. 60 of Portfolio Committee No. 2 – Health entitled ‘Impact of ambulance ramping and access block on the operation of hospital emergency departments in New South Wales’, dated December 2022.
(2) Report No. 61 of Portfolio Committee No. 2 – Health entitled ‘Budget Estimates 2022-2023’, dated December 2022.

Joint Standing Committee on Road Safety (Staysafe)
Report No. 4/57 of the Joint Standing Committee on Road Safety (Staysafe) entitled ‘Speed limits and road safety in regional NSW’, dated December 2022.

Committee on the Independent Commission Against Corruption
Report No. 6/57 of the Committee on the Independent Commission Against Corruption entitled ‘Review of aspects of the ICAC Act 1988’, dated December 2022. 

Portfolio Committee No. 1 – Premier and Finance
Report No. 60 of Portfolio Committee No. 1 – Premier and Finance entitled ‘Budget Estimates 2022-2023’, dated December 2022.

Portfolio Committee No. 3 – Education
Report No. 49 of Portfolio Committee No. 3 – Education entitled ‘Budget Estimates 2022-2023’, dated December 2022.

Portfolio Committee No. 4 – Customer Service and Natural Resources
Report No. 56 of Portfolio Committee No. 4 – Customer Service and Natural Resources entitled ‘Budget Estimates 2022-2023’, dated December 2022.

Portfolio Committee No. 5 – Regional NSW and Stronger Communities 
Report No. 60 of Portfolio Committee No. 5 – Regional NSW and Stronger Communities entitled ‘Budget Estimates 2022-2023’, dated December 2022.

Portfolio Committee No. 6 – Transport 
Report No. 19 of Portfolio Committee No. 6 – Transport entitled ‘Budget Estimates 2022-2023’, dated December 2022.

Select Committee on the Status of Water trading in New South Wales
Report No. 1 of the Select Committee on the Status of Water trading in New South Wales entitled ‘Status of Water trading in New South Wales’, dated December 2022. 

Mr Borsak moved a take note motion.



GOVERNMENT’S RESPONSES TO REPORTSCommenced 2.46 pm

The Clerk announced according to standing order, receipt of the following Government responses received since the last sitting of the House. Under the standing order, the responses have been authorised to be printed.

Portfolio Committee No. 3 - Education

Government response to Report No. 45 entitled 'Termination of the former Managing Director of TAFE NSW', tabled on 26 May 2022.

Joint Standing Committee on Road Safety (Staysafe)

Government response to Report No. 2/57 entitled 'Mobile speed camera enforcement programs in NSW', tabled on 19 May 2022.

Select Committee on Puppy Farming in New South Wales

Government response to Report No. 1 of the Select Committee on Puppy Farming in New South Wales, tabled on 25 August 2022.

Regulation Committee

Government response to Report No. 9 entitled 'Options for reform of the management of delegated Legislation in New South Wales', tabled on 21 September 2022.


Portfolio Committee No. 6 – Transport

Government response to Report No. 18 entitled 'Privatisation of Bus Services', tabled on 20 September 2022.

Portfolio Committee No. 7 – Planning and Environment

Government response to Report No. 15 entitled 'Aboriginal Cultural Heritage (Culture is Identity) Bill 2022', tabled on 8 November 2022.

Portfolio Committee No. 4 – Customer Service and Natural Resources

Government response to Report No. 54 entitled 'Long term sustainability and future of the timber and forest products industry', tabled on 15 September 2022.

 

Mr Banasiak moved a take note motion, according to sessional order.

Public Works Committee

Government response to Report No. 5 entitled 'Granting of contract number OoS17/18-021 by the Office of Sport', tabled on 28 September 2022.

 

Portfolio Committee 3 – Education

Government response to Report No. 47 – Planning and Delivery of School Infrastructure in New South Wales, tabled on 26 October 2022.

 

Under the standing order, the responses have been authorised to be published.



RETURNS TO ORDERSCommenced 2.48 pm

The Clerk announced, according to various resolutions of the House, I table documents from the Department of Premier and Cabinet relating to 23 orders for papers. I also announce the receipt of returns identifying documents which are considered to be privileged and should not be made public or tabled. These returns relate to:


(1) Agent General in the United Kingdom - Further order – additional documents
(2) Comment about better breeding – additional redacted documents 
(3) Rail negotiations – additional documents 
(4) State's finances and/or state-owned corporations and additional documents
(5) Compliance with Kangaroo Management Programs - Further order
(6) Administration of Insurance and Care NSW (icare) – Further order (19 October 2022) additional documents
(7) Transport Asset Holding Entity of NSW – Further order (19 October 2022) additional documents
(8) Conduct of SafeWork NSW additional documents
(9) Privatisation or efficiency measures relating to Sydney Water or Hunter Water
(10) Water resource plans 
(11) New South Wales Rural Fire Service – paragraph (1) and (2)
(12) Western Sydney Aerotropolis Precinct Plan – Further order and additional documents
(13) Ownership and Management of Crown Lands
(14) SafeWork NSW and Insurance and Care NSW (icare)
(15) National Parks and Wildlife Service Park Visitor Survey 2020
(16) Chemical Overspray and Chemical Drift – Supplementary return
(17) New Regional Rail Fleet – Part 1
(18) Impact of Teacher Shortages additional documents 
(19) School targets and standards
(20) Sydney Suburban Stadiums
(21) Energy Pricing and Modelling
(22) NSW Education and Infrastructure
(23) Classification of the Hon Brad Hazzard MP as a casual COVID-19 contact - Supplementary return.




CORRESPONDENCE—ORDERS FOR PAPERSCommenced 2.50 pm

The Clerk, reported the receipt of correspondence received on Thursday 24 November 2022 from the Hon. Damien Tudehope MLC, Minister for Finance and Small Business and Leader of the Government, concerning the Dungowan Dam, Wyangala Dam and Mole River - Further order (21 June 2022), providing redacted documents entitled "Final Business Case for Dungowan Dam" and "Strategic Business Case for Wyangala Dam. 

The Clerk, further reported the receipt of correspondence received on 14 December 2022 concerning the Ownership and management of Crown Lands order for papers, from the Auditor-General explaining why in the view of the Auditor-General she is now unable to comply with the order. The issue revolves around the new status of the Auditor-General as an "independent officer of Parliament". 


DISPUTED CLAIMS OF PRIVILEGECommenced 2.51 pm

Animal Research

The Clerk stated that as reported in the House on 13 October 2022, the Hon. Keith Mason AC KC was appointed as Independent Legal Arbiter and subsequently provided his report. According to sessional order, the report was referred to the Privileges Committee. The committee resolved that the report be made public on 8 December 2022. The committee further resolved on 15 December 2022 that certain documents be published.


​SafeWork NSW and Insurance and Care NSW (icare)

The Clerk stated that on Friday 9 December, correspondence was received from Mr Mookhey disputing the claim of privilege on documents returned on 7 December 2022 relating to SafeWork NSW and Insurance and Care NSW (icare). According to standing order, the Hon. Keith Mason AC KC was appointed as an Independent Legal Arbiter to evaluate and report as to the validity of the claim of privilege. The Clerk released the disputed documents to Mr Mason. 
​
​Sydney Water

The Clerk stated that on Friday 16 December, correspondence was received from Ms Jackson disputing the claim of privilege on documents returned on 30 November 2022 regarding to Privatisation or efficiency measures relating to Sydney Water or Hunter Water. According to standing order, the Hon. Keith Mason AC KC was appointed as an Independent Legal Arbiter to evaluate and report as to the validity of the claim of privilege. The Clerk released the disputed documents to Mr Mason.
​


VARIATION TO THE SCOPE OF AN ORDER FOR PAPERSCommenced 2.53 pm

The President informed the House that, on 23 November 2022, the Clerk received correspondence from the Deputy Secretary, General Counsel of the Department of Premier and Cabinet seeking agreement to vary the scope and due date for an order for papers.

The member who moved the relevant motion, together with the President, were consulted and the variation was agreed to. Details are available from the Clerks at the Table and will be recorded in the Minutes of Proceedings.


​The President, according to sessional order, proposed the question: That a varied term of the order for papers be agreed to.
​Agreed to


PORTFOLIO COMMITTEE 7 – PLANNING AND ENVIRONMENTCommenced 2.55 pm

Ms Higginson informed the House of a self-reference to Portfolio Committee 7 – Planning and Environment. 


STANDING COMMITTEE ON STATE DEVELOPMENTCommenced 2.56 pm

Mrs MacDonald informed the House of a reference from the Minister for Local Government.


ANSWERS TO QUESTIONS WITHOUT NOTICECommenced 2.58 pm
The President informed the House of the publication in today's Hansard of answers to questions without notice lodged with the Clerk since the last sitting of the House.
 


PETITIONSCommenced 2.58 pm

Revd Mr Nile presented an ePetition from 19 citizens of New South Wales 2023 marks the 40th anniversary of the 1983 Richmond Report and people living with severe mental health challenges remain overrepresented in the criminal justice systems, hospitals and among the homeless and unemployed. Our last inquiry was 20 years ago, and NSW is due for a comprehensive evaluation and review. The petitioners request that the House starts a NSW Parliament Inquiry on mental health. 

Petition received
​Revd Mr Nile presented an ePetition from 103 citizens of New South Wales that they support the Community support for the Aboriginal Cultural Heritage (Culture is Identity) Bill 2022, as currently there are limited broad ranging protections for Aboriginal cultural heritage that ensure that Aboriginal people with legitimate cultural authority are leading the protection and preservation of ancient cultural sites for the benefit of all Australian people and future generations. The petitioners request that the House support the bill as this is consistent with the priority reform principles agreed by all levels of Government under the National Agreement on Closing the Gap, and which will put the protection and preservation of ancient cultural heritage in the hands of Aboriginal people.
​Petition received
CONDOLENCE MOTION Commenced 3.02 pm

Minister Tudehope moved, according to standing order, without notice: 

(1) That this House extends to the families, friends and colleagues of Constable Rachel McCrow and Constable Matthew Arnold of the Queensland Police Service the deep sympathy of members of the Legislative Council for the loss sustained by the deaths of Constables McCrow and Arnold in the line of duty on 12 December 2022.

(2) That this House also extends its heartfelt condolences to the family and friends of Mr Alan Dare, who also lost his life in the terrible events of 12 December 2022.
Agreed to


ENERGY AND UTILITIES ADMINISTRATION AMENDMENT BILL 2022Commenced 3.12 pm

2nd Reading: Motion of Mr Tudehope

Amendments circulated:

 GRNS c2022-243A

Agreed to

​Consideration in committee of the whole
​
​Leave granted to take the bill as a whole
​
​Ms Boyd moved GRNS amendment no. on sheet c2022-243A
​​Negatived


Ayes: 3  / Noes:  

​Bill, as read
​Agreed to
Bill reported to the House
​​3rd Reading: Motion of Mr Tudehope
​

​Agreed to

Bill returned to the Assembly without amendment.


STATEMENT BY PRESIDENT - STAFFING IN THE LEGISLATIVE COUNCILCommenced 4.52 pm
The President made a statement regarding staffing in the Legislative Council.
Agreed to


RETURNS TO ORDERSCommenced 4.53 pm

The Clerk announced, according to various resolutions of the House, I table documents from the Department of Premier and Cabinet relating to 2 orders for papers. I also announce the receipt of returns identifying documents which are considered to be privileged and should not be made public or tabled. These returns relate to:


(1) Animal research - additional documents
(2) NSW Hea;th and Infrastructure





SPECIAL ADJOURNMENT​Commenced 4.55 pm
Motion of Mr Tudehope: That this House at its rising today do adjourn until Tuesday 28 February 2023 at 2.30 pm unless the President, or if the President is unable to act on account of illness or other cause, the Deputy President, prior to that date, by communication addressed to each member of the House, fixes an alternative day or hour of meeting.

 

Agreed to.

The House adjourned at 4.54 pm pm until Tuesday 28 February 2022 at 2.30 pm.


PAPER—TABLED BY PRESIDENTCommenced 4.54

The President tabled correspondence received on Friday 16 December 2022 from the Hon. John Hatzistergos AM, Chief Commissioner of the Independent Commission Against Corruption 





 

 

 

The Parliament of New South Wales acknowledges and respects the traditional lands of all Aboriginal people, and pays respects to all Elders past and present. We acknowledge the Gadigal people as the traditional custodians of the land on which the Parliament of New South Wales stands.