Legislation Review Committee

PARLIAMENT OF NEW SOUTH WALES Legislation Review Committee LEGISLATION REVIEW DIGEST NO. 29/57 – 4 May 2021 New South Wales Parliamentary Library cataloguing-in-publication data: New South Wales. Parliament. Legislative Assembly. Legislation Review Committee Legislation Review Digest, Legislation Review Committee, Parliament NSW [Sydney, NSW]: The Committee, 2020, 58p 30cm Chair: Felicity Wilson MP 4 MAY 2021 ISSN 1448-6954 1. Legislation Review Committee – New South Wales 2. Legislation Review Digest No. 29 of 57 I Title. II Series: New South Wales. Parliament. Legislation Review Committee Digest; No. 29 of 57 The motto of the coat of arms for the state of New South Wales is “Orta recens quam pura nites”. It is written in Latin and means “newly risen, how brightly you shine”. LEGISLATION REVIEW DIGEST Contents Membership _____________________________________________________________ ii Guide to the Digest _______________________________________________________ iii Conclusions ______________________________________________________________iv PART ONE – BILLS ______________________________________________________________________ 1 1. CANTERBURY PARK RACECOURSE (SALE AND REDEVELOPMENT MORATORIUM) BILL 2021* ____ 1 2. HEAVY VEHICLE LEGISLATION AMENDMENT (NATIONAL REGULATOR) BILL 2021 _____________ 3 3. NSW JOBS FIRST BILL 2021* ________________________________________________________ 8 PART TWO – REGULATIONS _____________________________________________________________ 12 1. BIOSECURITY ORDER (PERMITTED ACTIVITIES) AMENDMENT (CATTLE TICK CARRIERS) ORDER 2020 _________________________________________________________________________ 12 2. GREYHOUND RACING AMENDMENT (MISCELLANEOUS) REGULATION 2020 ________________ 16 3. NATIONAL PARKS AND WILDLIFE AMENDMENT REGULATION 2021 _______________________ 18 4. POINT TO POINT TRANSPORT (TAXIS AND HIRE VEHICLES) AMENDMENT (MISCELLANEOUS) REGULATION 2020 ______________________________________________________________ 22 5. PUBLIC HEALTH AMENDMENT (SCHEDULED MEDICAL CONDITIONS – ASBESTOSIS) REGULATION 2020 _________________________________________________________________________ 25 6. RETAIL AND OTHER COMMERCIAL LEASES (COVID-19) REGULATION (NO 3) 2020 ____________ 28 7. RETIREMENT VILLAGES AMENDMENT (ASSET MANAGEMENT PLANS) REGULATION 2021 _____ 32 8. RETIREMENT VILLAGES AMENDMENT (EXIT ENTITLEMENT) REGULATION 2021 _____________ 36 FUNCTIONS OF THE COMMITTEE __________________________________________ 41 4 MAY 2021 i LEGISLATION REVIEW COMMITTEE Membership CHAIR Ms Felicity Wilson MP, Member for North Shore DEPUTY CHAIR The Hon Trevor Khan MLC MEMBERS Mr Lee Evans MP, Member for Heathcote Mr David Mehan MP, Member for The Entrance The Hon Leslie Williams MP, Member for Port Macquarie Ms Wendy Lindsay MP, Member for East Hills The Hon. Shaoquett Moselmanne MLC Ms Abigail Boyd MLC CONTACT Legislation Review Committee DETAILS Parliament of New South Wales Macquarie Street Sydney NSW 2000 TELEPHONE 02 9230 2226 / 02 9230 3382 FACSIMILE 02 9230 3309 E-MAIL [email protected] URL www.parliament.nsw.gov.au/lrc ii DIGEST 29/57 LEGISLATION REVIEW DIGEST Guide to the Digest COMMENT ON BILLS This section contains the Legislation Review Committee’s reports on Bills introduced into Parliament on which the Committee has commented against one or more of the five criteria for scrutiny set out in s 8A(1)(b) of the Legislation Review Act 1987. COMMENT ON REGULATIONS This section contains the Legislation Review Committee’s reports on Regulations in accordance with section 9 of the Legislation Review Act 1987. 4 MAY 2021 iii LEGISLATION REVIEW COMMITTEE Conclusions PART ONE – BILLS 1. CANTERBURY PARK RACECOURSE (SALE AND REDEVELOPMENT MORATORIUM) BILL 2021* Trespasses on personal rights and liberties: s 8A(1)(b)(i) of the LRA Freedom of contract and property rights The Canterbury Park Racecourse (Sale and Redevelopment Moratorium) Bill 2021 prohibits the Australian Turf Club Limited from selling or disposing of any of the 'racing infrastructure' it owns, including land, buildings and facilities located at Canterbury Park Racecourse, for a period of 5 years. Further, it prohibits any development being carried out at the racecourse, including any residential development on land owned by the Australian Turf Club, for the same period of 5 years. The Australian Turf Club is a public company limited by guarantee. These provisions may impact on the property rights and freedom of contract of individuals with a stake in, or control over the Australian Turf Club (for example, its directors and board members). However, the Committee notes that it is generally concerned with individual rights and liberties in regards to Bills, rather than those associated with corporate ownership. Accordingly, it makes no further comment. 2. HEAVY VEHICLE LEGISLATION AMENDMENT (NATIONAL REGULATOR) BILL 2021 Trespasses on personal rights and liberties: s 8A(1)(b)(i) of the LRA Right to privacy Schedule 1[3] of the Bill provides Transport for NSW (TfNSW) with a general power to transfer to the National Heavy Vehicle Regulator (NHVR) certain information in possession by TfNSW, including personal information, and to obtain and use certain information held by the NHVR. The Committee notes that personal information held by TfNSW that may be provided to NHVR, may infringe upon an individual's right to privacy. However, in this section, personal information has the same meaning as under section 4 of the Privacy and Personal Information Act 1998 (NSW) (PPIP Act), and is subject to certain privacy protections under that Act regarding the retention, use and disclosure of that information. The Committee also notes that the transfer of information is for the purpose of facilitating the transfer of employees from TfNSW to the NHVR, including details of their employment, superannuation and leave entitlements. In these circumstances, the Committee makes no further comment. Employee rights Schedule 2[3] provides for the transfer of employees from TfNSW to the NVHR, including details of their superannuation, leave entitlements and personal information. In doing so, it may impact the rights of those employees being transferred from one agency to another, such as certainty of employment. However, the Bill contains certain safeguards to provide certainty of employment for transferred employees including that terms and conditions of employment cannot be varied, that the iv DIGEST 29/57 LEGISLATION REVIEW DIGEST employment of transferred employees cannot be terminated by the NHVR unless in certain circumstances, providing an employment guarantee period for permanent and temporary staff and the continuity of entitlements of transferred employees including superannuation, accrued annual and sick leave. In these circumstances, the Committee makes no further comment. Inappropriately delegates legislative powers: s 8A(1)(b)(iv) of the LRA Commencement by proclamation Section 2 provides that Schedules 1-3 commence on a day or days to be appointed by proclamation. These schedules contain amendments to several Acts to facilitate the transfer of certain functions under the Heavy Vehicle National Law (NSW) from TfNSW to the NHVR. The Committee generally prefers legislation to commence on a fixed date, or on assent, to provide certainty for affected persons. However, the Committee notes that a flexible start date may assist with the necessary administrative arrangements with the sector to facilitate the transfer of these functions between agencies. In these circumstances, the Committee makes no further comment. 3. NSW JOBS FIRST BILL 2021* Trespasses on personal rights and liberties: s 8A(1)(b)(i) of the LRA Independence of the Advocate Section 14 of the Bill sets out the functions of the NSW Local Jobs Advocate, including advising the Minister, the promotion of the Policy within government and local industry, and working with local industry and employee organisations to help build the future workforce. In addition, section 15 of the Bill states that the Advocate will be subject to the direction and control of the Minister, except in relation to the preparation and contents of a report that the Advocate is required by the Bill if passed, or any other Act, to provide to Parliament. With the Advocate being under the direction and control of the Minister, the Advocate's operations and investigations will be subjected to a Minister's direction and not to Parliamentary scrutiny. This may impact on the neutrality and independence of the Advocate, especially considering the Advocate's enforcement powers. The Committee refers this matter to Parliament for its consideration as to whether the provisions relating to Ministerial control of the Advocate are sufficiently subjected to parliamentary scrutiny. Makes rights, liberties or obligations unduly dependent upon non-reviewable decisions: s 8A(1)(b)(iii) of the LRA Non-reviewable decisions of the advocate The Bill provides that the Advocate may make a determination that a person has failed to comply with an information notice, the NSW Jobs First Policy, a local industry development plan, or a major projects skills development plan. The Advocate may also make a recommendation to the Minister that the person be subject to an adverse publicity notice, that must name the person, set out the reasons for the notice, and be tabled in the Parliament. The Committee acknowledges that these powers of the Advocate and the Minister to make an adverse publicity notice are intended to ensure compliance with the NSW Jobs First

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