CONSTITUTION AMENDMENT (EXECUTIVE COUNCIL) BILL 2023

By Greg Warren MP Member for Campbelltown

07 February 2024

Mr GREG WARREN (Campbelltown) (16:34): I am delighted to make a brief contribution to debate on the Constitution Amendment (Executive Council) Bill 2023. I acknowledge the Minister's efforts and thank her for her contribution, as well as the efforts of my friend and Minister in the other place the Hon. John Graham and his team in bringing this together. Whilst I acknowledge some of the points raised by the member for Winston Hills, the intention of the bill is not to have the Executive Council meeting online all the time. But one thing the member said that I agree with is the importance of the Executive having every opportunity to function as effectively as possible.

There may well be a circumstance or a situation where the Premier or a couple of Ministers have COVID and cannot be around other people, or where it would be irresponsible to do so. The bill means that they can tune in via teleconference or videoconference or whatever means are in place. If COVID showed us anything, it showed us that we must learn to still live and function. There are not too many more important functions in New South Wales, and I think the expectation of the people of New South Wales is that the Executive Government functions. So this is a sensible step because we learnt during COVID that we still have to function, and the Government is putting steps in place so that, no matter what happens, the Executive can still function.

The Minister stated that obviously the preference is to meet in person, but there may well be circumstances at certain times when the Executive still has to meet but its members are unable to meet in person. Whilst provisional measures were put in place during COVID to ensure that the Executive met and remained functional, that only displays to us the importance of having those provisions in place all the time, because the Executive Government must be able to function effectively all the time. That is what this change does. Ultimately, as the Minister stated, the bill allows meetings of the Executive Council to be held by means of teleconference or videoconference. That provides a useful contingency and ensures the continuity of Executive Government should the Executive Council be unable to meet in person.

As I stated before and as the Minister made very clear, it is on a needs basis. If the Executive needs to meet remotely via teleconference or videoconference, this legislative change allows that to happen. All that the amendment being proposed by members opposite would do is put barriers in front of the fluid process for the Executive Government to meet. That is why the bill is so important, and I commend the Minister. At the end of the day, legislative reforms need to include all the important functions of government. I do not think there would be too many more important functions of government than the role of the Executive and the capacity for it to meet without any barriers.

If this measure was not in place and the Premier, the Deputy Premier and our good transport Minister all came down with COVID, they would be put in a position where legislation in this place could be held up because they were unable to meet. Does that serve the people of New South Wales well? Of course it does not, because that is why we have elected Ministers and a Premier—to represent the interests of the people of New South Wales based on the Government's agenda. It is the role and responsibility of each and every member of the Government, from the Premier down, to ensure that we fulfil the obligations of the Government's agenda that was mandated at the election. That is what the Government is focusing on. This change will make sure that that can happen. It may seem quite menial or less of a priority, but pressing matters on the Government's agenda, which is based on the needs of the people of New South Wales, could otherwise be held up. The bill ensures that the Executive can meet irrespective of prevailing circumstances.

As the Minister stated, the bill proposes an amendment to section 35D of the Constitution Act 1902, which includes provisions relating to meetings of the Executive Council. It inserts two new subsections into section 35D of the Act: section 35D (3A) and (3B). These new subsections provide that a meeting of the Executive Council may be held in person or by means of a teleconference or videoconference, and the provision extends to the Governor or other presiding members. The bill makes permanent arrangements for virtual Executive Council meetings following the successful temporary arrangements that were introduced in response to the COVID-19 pandemic and which were repealed on 27 September 2023.

I repeat that virtual meetings would only occur on an as-needs basis. I urge members opposite to give serious and strong consideration to their position on supporting this bill. A lot gets said in this place. We talk about the previous Government, and Opposition members talk about the members of the current Government and what we are doing or have not done. At the end of the day, when there are sensible measures to be put in place, sense must prevail. This is a sensible change to ensure a fluid process for the Executive to meet without barriers when required. If the bill does not pass there are potential barriers that would at times stand in the way of the Executive Government functioning at the capacity expected by this Parliament and by the people of New South Wales. It is sensible that this bill has come before us for consideration and it is equally sensible for every member in this place to support it. I commend the bill to the House.