Debate resumed from an earlier hour.
Ms JANELLE SAFFIN (Lismore) (12:15): I speak in support of the Justice Legislation Amendment (Miscellaneous) Bill 2024. The bill makes miscellaneous amendments to justice legislation to improve court, legal and other processes. It ensures operational efficiency, improves and clarifies government processes and functions, and clarifies the regulation-making powers of existing legislation. This is the first of two bills to deal with these matters. Miscellaneous justice legislation amendment bills regularly review and update legislation. All governments use this mechanism to ensure the law is fit for purpose and keeps pace with developments in the community and legal system. This bill will implement amendments to nine separate Acts. Most of the amending legislation falls under the Attorney General's portfolio area. However, the portfolio areas of the Minister for Police and Counter-terrorism and the Minister for Corrections are also covered.
Previously, we heard from the member for Mount Druitt, who spoke at length, in detail and with commitment and passion about the Coptic Orthodox Church (NSW) Property Trust Act and the amendments this bill will make to it. The three amendments that I will address are: the amendment that deals with the Children (Detention Centres) Act 1987 to clarify regulation-making powers; the amendment that deals with the Defamation Act 2005 that affords absolute privilege; and the amendment that deals with the Firearms Act that will update a reference to the Department of Primary Industries and Regional Development. As a country member, I am quite familiar with the Firearms Act and Firearms Registry.
The Children (Detention Centres) Act 1987 provides regulation-making powers in relation to a wide range of matters. While the current regulations empower the Secretary of the Department of Communities and Justice or a centre manager to make certain decisions that are relevant to the operation of detention centres—for example, providing approval for a qualified dentist or practitioner to perform functions under the regulations—there is no specific regulation-making power addressing such matters. Whilst these matters appear to fall under the management and operation of detention centres as provided for by the broad regulation-making powers of section 32A of the Children (Detention Centres) Act, out of an abundance of caution, the Parliamentary Counsel's Office has recommended amendments to section 32A to provide specific regulation-making powers. That puts it beyond any doubt—I should put a caveat on this—and beyond interpretive considerations. The amendments in the bill will clarify that, inserting regulation-making powers relating to searches of a detainee's room and any property in that room; searches of visitors and their vehicle at detention centres; searches of juvenile justice officers and anything under their control at detention centres; and decisions that the secretary or centre manager may make about matters referred to in the regulations, either generally or in relation to specific areas.
I now turn to amendments to the Defamation Act 2005 and the Judicial Commission. State and Territory defamation legislation is based on the model defamation provisions. I recall when it was not, and being involved in debates and advocacy for that change to the defamation law and other considerations. The Standing Council of Attorneys-General, or SCAG, and its predecessors oversaw a review of the model defamation provisions between 2019 and 2023. It considered whether the defence of absolute privilege should be extended to protect people from defamation proceedings when reporting to certain complaints-handling bodies. That was subject to a lot of discussion and consideration. These reforms are happening because it was considered that the potential threat of defamation proceedings may deter victim-survivors from coming forward to police or other complaints‑handling bodies to report certain conduct and other things.
The Defamation Amendment Act 2023 extended absolute privilege to matters published to police. That was the first step in implementing what were called part B reforms. Extending that to other complaints‑handling bodies was the next step in the implementation of those reforms in New South Wales. It is now considered that absolute privilege should be extended to the Judicial Commission for the purpose of making complaints under section 15 of the Judicial Officers Act 1986. The Judicial Commission was considered to be an appropriate body to list in schedule 1 to the Defamation Act because it deals with complaints about the behaviours of judicial officers, including complaints about harassment, bullying and discrimination, and there is a need for protection due to what is considered to be a negative effect and lack of other protections for complainants.
Sufficient safeguards are in place to protect against damage to reputation if a false or misleading report is made. The Judicial Officers Act provides that a member or an officer of the commission shall not disclose any information obtained in the course of his or her office in relation to a complaint except in certain circumstances. The bill also includes amendments to the Defamation Act to cover the Modern Slavery Committee. I turn now to the amendments to the Firearms Act. The proposed amendments replace redundant references to the "Department of Industry" with a reference to the "Department of Primary Industries and Regional Development", as it is now known, which is an innocuous but necessary amendment. That is in line with the machinery‑of‑government changes and ensures the currency of the Firearms Act. I commend the bill to the House.
Mr GREG WARREN (Campbelltown) (12:24): I am delighted to speak in debate on the Justice Legislation Amendment (Miscellaneous) Bill 2024. At the outset, I acknowledge everyone involved in bringing this legislation before the House, particularly the Attorney General and his team. I note that the Parliamentary Secretary to the Attorney General is in the Chamber. I thank him for his ongoing contributions to all matters of law and, indeed, legislation that come before this House. They work hard as a team to ensure that our legislation is up to date and consistent for the relevant people who fall under the scope of legislation and matters of law.
The object of the bill is to make amendments to various Acts relating to courts, crimes and other communities and justice portfolio matters. Some areas of this legislation fall under the jurisdictions of other Ministers, alongside the Attorney General, including the Minister for Police and Counter-terrorism and the Minister for Corrections. I acknowledge and thank those Ministers for their contributions. The Acts being amended include the Children (Detention Centres) Act 1987 and the Coptic Orthodox Church (NSW) Property Trust Act 1990, as well as the Defamation Act 2005.
I will refer more specifically to the Defamation Act later in my contribution, because I believe it is an area of law that is good to be continually strengthened. The days are gone when people can do and say what they like, with the intent to, ultimately, harm other people through their words and actions or through social media platforms. I am delighted to see a change in culture through the law and, indeed, in the broader community and society where that is not accepted. It is very damaging, particularly to young people. Social media is an important platform for communication and engagement with community, which my colleagues in this place across the political spectrum all use, but it can also be used by people to harm or defame other people with malicious intent. I will come back to address this further.
The bill also addresses amendments to the Dormant Funds Act 1942, the Firearms Act 1996, the Prisoners (Interstate Transfer) Act 1982, the Solicitor General Act 1969, the Terrorism (High Risk Offenders) Act 2017 and the Trees (Disputes Between Neighbours) Act 2006. The bill highlights that we as a government and our Ministers proactively continue to review legislation and make sure that amendments are put in place to ensure that our legislation remains consistent. More specifically, amendments to the Children (Detention Centres) Act 1987 clarify regulation‑making powers. Amendments to the Defamation Act will afford absolute privilege to matters published by the judicial report of proceedings and public concern, extending it to publications and disclosure of confidential evidence made to the Modern Slavery Committee. The amendment to the Dormant Funds Act 1982 is also to clarify regulation-making powers, while the bill amends the Firearms Act 1996 to update a reference to the Department of Primary Industries and Regional Development. The Prisoners (Interstate Transfer) Act will be amended to clarify that the Secretary of the Department of Communities and Justice or an officer authorised by the secretary can certify the interstate transfer of prisoners. Turning to the Solicitor General Act, I understand that the Solicitor General is the second-highest ranking lawmaker in the State. Is that correct, Parliamentary Secretary?
Dr Hugh McDermott: Yes.
Mr GREG WARREN: It is important that the Solicitor General Act 1969 is included in the bill to allow the Solicitor General to exercise the Attorney General's powers when the Attorney General is on leave but still only within the State. Amendments to the Terrorism (High Risk Offenders) Act 2017 will ensure consistency with recent amendments made by the High Risk Offenders Legislation Amendment 2024. Turning to the Trees (Dispute Between Neighbours) Act, some may see it as a bit of a low-flying piece of legislation and Act. But I assure members as a former mayor that it can be quite controversial at times, and any member who has been a councillor will know that. It is good that we are updating that piece of legislation to ensure it is consistent. We want to see conflict resolution and avoid any kind of further action, particularly matters before the courts, so that everyone can be happy and live in harmony despite what trees they have in their neighbouring yards. I note that my learned friend the member for Northern Tablelands finds that amusing. I know he understands precisely what I am talking about.
One may ask why we need this policy based on factual evidence and stakeholders. Legislation needs to be regularly reviewed and updated to ensure that laws remain fit for purpose and keep pace with developments in the community and the legal system. The bill introduces several miscellaneous amendments to address developments, improve court and legal processes and ensure operational efficiency, improve and clarify government processes and functions, and clarify the regulation-making power of the existing legislation. The amendments are ultimately necessary to maintain an effective and functioning justice system and regulatory framework. There is a strong public interest in ensuring that the law is fit for purpose, and the Parliament must make those changes to effectively achieve the law's intended purposes. I commend the bill to the House.
Dr DAVID SALIBA (Fairfield) (12:30): Before I commence my contribution to debate in support of the Justice Legislation Amendment (Miscellaneous) Bill 2024, I acknowledge and welcome to the Speaker's gallery Rania Bursic and various parents from Fairfield West Public School. They are seeing the process of the passage of bills in this place. The bill before the House seeks to improve court and legal processes, enhance operational efficiency, and clarify government processes and functions and the regulation-making power of existing legislation. The bill implements amendments to nine separate Acts and is the first of two justice miscellaneous bills the Government intends to introduce in 2024.
Amendments are proposed to legislation that primarily sits within the Attorney General's portfolio but also those of the Minister for Police and Counter-terrorism and the Minister for Corrections. The reforms are part of the Government's regular program of legislative reviews and improvements. The bill's amendments to legislation include the Coptic Orthodox (NSW) Property Trust Act 1990, herein known as the Act, to reflect updates to the Coptic Orthodox Church's constitution. In 2022 the church changed its constitution to replace the bishop as the sole trustee of the Coptic Property Trust with a board of trustees. However, the current Act continues to provide that the bishop is the sole trustee. The amendments serve to rectify this discrepancy between the constitution and the Act.
The bill also proposes changes to the Defamation Act 2005 to afford absolute privilege to matters published by the Judicial Commission of NSW. That ensures that the defences of publication of public documents and fair reports of proceedings of public concern extend to publications and disclosure of confidential evidence made by the Modern Slavery Committee. The bill also amends the Children (Detention Centres) Act 1987 and the Dormant Funds Act 1942 to clarify regulation-making powers, among other legislative changes. Overall, the bill will rectify limitations identified in various Acts, enabling more streamlined and efficient government processes and functions. I commend the bill to the House.
Dr HUGH McDERMOTT (Prospect) (12:33): On behalf of Mr Michael Daley: In reply: I thank members representing the electorates of Wahroonga, Mount Druitt, Lismore, Campbelltown and Fairfield for their contributions to debate on the Justice Legislation Amendment (Miscellaneous) Bill 2024. The bill came about in an effort to ensure the law in New South Wales is regularly reviewed and updated so that it is fit for purpose and delivers on the expectations of the community. While varied in nature, these amendments have been developed to address emerging issues, support operational needs and improvements, and clarify uncertainty in legislation by closing gaps in the law and correcting errors.
I refer to the comments of the Legislation Review Committee on the wide regulation-making powers and delegation of powers that would impact vulnerable persons being granted under the proposed amendments to the Children (Detention Centres) Act 1987. As the committee noted, those amendments are important and necessary. They provide flexibility and responsiveness in a quasi-custodial setting and could be used to respond to the needs of young people in New South Wales. As the committee acknowledged, regulations must be tabled in Parliament and are subject to disallowance under section 41 of the Interpretation Act 1987. That enables appropriate parliamentary scrutiny of any delegated legislation made under the bill. In conclusion, the ongoing maintenance and improvement of legislation through miscellaneous amendment bills such as this is critical to the work of good governance and effective legislation in New South Wales. The bill provides updates across justice legislation and related areas to ensure the work of government and the legal system can continue effectively. I commend the bill to the House.
TEMPORARY SPEAKER (Ms Donna Davis): The question is that this bill be now read a second time.
Motion agreed to.
Third Reading
Dr HUGH McDERMOTT: On behalf of Mr Michael Daley: I move:
That this bill be now read a third time.
Motion agreed to.
Mr Edmond Atalla: Madam Temporary Speaker—
TEMPORARY SPEAKER (Ms Donna Davis): I am sorry, Parliamentary Secretary. I call the Minister for Skills, TAFE and Tertiary Education.
