20 October | NSW Sitting Period Review

This sitting fortnight has been an eventful one, somewhat overshadowed by a resounding defeat of the Referendum on the Aboriginal and Torres Strait Islander Voice to Parliament and the tragic events occurring in the Israel-Hamas war.

In the NSW Parliament, there were significant reforms introduced to the Night-Time Economy and Energy & Environment sectors, which were widely expected since the Minns Government came to power in March.

The current Labor Government signalled its intention to legislate net zero pathways in the lead-up to the election and built a strong relationship with the live music and hospitality sector whilst in opposition. The live music community has welcomed the changes as a good start, but has made it clear there is a lot more work still to be done.

Please see below an update of what has happened in this NSW Parliament sitting period.

This week the Minns Government introduced a raft of changes around live music and venues, with the hope of trying to revive the Sydney night-time economy.

Since the lockout laws were first introduced in 2014, Sydney nightlife has been heavily impacted and live music has been hit particularly hard.

The changes will see Liquor and Gaming NSW take over the complaints process through a more simplified system. The hope is that by reducing the power vexatious complainants have as well as allowing venues with live music to trade for an additional two hours more than their licence otherwise allows, Sydney will experience a huge boost to the vibrancy of its night-time economy.

Minister for Arts, Music and Night-time Economy, John Graham, made the point that for too long a single neighbour has been able to make multiple complaints that have resulted in establishments closing down.

A number of reforms including an objective decibel test will replace the outdated and badly designed regulations that currently exist. There will also be changes to alfresco dining regulations, making implementation far easier without the need to progress through the DA process.

The Government believes these changes will be a step towards making Sydney a 24-hour city and will help to create an environment where young and emerging artists have a place to develop.

The NSW Government introduced its Climate Change Bill, which will enshrine emissions reduction targets in law in New South Wales and establish an independent Net Zero Commission.

The legislation commits New South Wales to cutting greenhouse gas emissions by at least 50 per cent by 2030 and reaching net zero by 2050.

The legislated 2030 and 2050 targets provide certainty and opportunities to households and investors about the Government's commitment to reduce greenhouse gas emissions.

The Government is also creating a new stand-alone Department of Climate Change, Energy, Environment and Water, as well as investing in the circular economy to drive down emissions from waste.

The creation of a Net Zero Commission will allow a strong, independent, expert body to monitor the state's progress to net zero, including with annual reporting to ensure parliamentary transparency and accountability.

The legislation was an election commitment by the Minns Government and it is hoped it will give certainty to the pathway to Net Zero.

After the Voice Referendum was defeated, Premier Chris Minns confirmed his commitment to starting treaty discussions with Indigenous people in NSW.

Minns and his Government were vocal supporters of the Voice, stating the Monday after the Referendum that “the leadership of the Aboriginal community in this state, many of whom put their heart and soul into constitutional change and recognition via a referendum last weekend ... are hurting at the moment.”

NSW has the largest population of First Nations people in Australia and is the only state that has not initiated a treaty process or engaged in comprehensive land settlement deals.

The NSW Government announced they will introduce new industrial manslaughter laws, which will hold liable or negligent employers to account.

NSW Industrial Relations Minister Sophie Cotsis flagged the reform at a speech at a Unions NSW Labour Day event, with the Government undertaking a consultation period and introducing the legislation in the first half of next year.

NSW had the highest place of workplace fatalities for the 5 years to 2022, with up to 263 workers dying. From the start of the year until July, 41 workers had died at work. Under current legislation, employers who expose workers to the risk of death through “gross negligence” face up to 5 years prison time, compared to Victoria and Queensland, where individuals face up to 20 years in prison.

The NSW Government announced it would overhaul NSW drug laws through the introduction of a broad, pre-court diversion scheme.

Introduced in parliament this week, the scheme would create a “two-strike” policy, meaning people caught with small quantities of illicit drugs including ice, cocaine and MDMA would be able to receive fines and access health programs rather than face criminal charges.

Police will have the ability to issue up to two $400 fines to adults caught with small quantities of drugs, which can be wiped through undertaking a tailored drug and alcohol intervention program.

The announcement is a major win for drug law reform advocates long frustrated by NSW’s slow progress in moving away from a criminalisation approach.

NSW Health Minister Ryan Park emphasised his view that drug use and addiction “are very much health issues” which could be more adequately addressed through health support beyond the courts.