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Customer Service Legislation Amendment Bill 2021

Hansard ID: HANSARD-1323879322-120039

Hansard session: Fifty-Seventh Parliament, First Session (57-1)


Customer Service Legislation Amendment Bill 2021

Second Reading Debate

Debate resumed from 20 October 2021.

Ms YASMIN CATLEY (Swansea) (19:08:02):

I lead for the Opposition in debate on the Customer Service Legislation Amendment Bill 2021, which seeks to amend 18 Acts and one regulation under the Customer Service and Better Regulation portfolios. These amendments will correct errors in the Acts, along with pursuing changes that are more consequential. Firstly I must raise concerns over the Government's failure to consult widely with industry stakeholders about the bill. Community consultation is a key principle in good governance, and it has been sorely lacking in preparing the bill. Due to this lack of stakeholder consultation, I understand the Government will be moving its own amendments to address the proposed changes to the Betting and Racing Act 1998, along with addressing a significant oversight in the changes to the Registered Clubs Act 1976, which would have required clubs to specify their membership fee amount in their constitutions.

An urgent amendment to the Community Land Management Act 2021 is also required to incorporate the COVID-19 temporary regulation-making powers that allow community schemes to continue to function under pandemic restrictions that are currently contained in the Community Land Management Act 1989; there are no similar provisions in the 2021 Act. The 1989 Act will be repealed on 1 December 2021, when the new laws commence, which will also repeal the COVID-19 temporary powers on the same day.

I now turn to the contents of the bill, starting with the proposed changes to the Privacy and Personal Information Protection Act 1998, along with the Health Records and Information Privacy Act 2002. I note the Minister's comments in his second reading speech that these amendments seek to deliver a commitment from the Government in response to the NSW Bushfire Inquiry, which was to ensure that victims only have to tell their stories once, rather than to multiple government agencies. The Minister and I have discussed this and understand how anxious people were during that period. The Minister is moving very good amendments, and I commend him for doing that. I acknowledge that Resilience NSW Commissioner Shane Fitzsimmons has also expressed support for these reforms. Labor will not oppose them. Recommendation 71 of the NSW Bushfire Inquiry is as follows:

That, in order to ensure people only need to tell their story once to access government agency support following an emergency, Resilience NSW and Service NSW jointly design an inclusive, person-centred approach to information collection at evacuation centres. This should be supported by an opt-in scheme enabling personal information to be shared between NSW government agencies, local councils and nongovernmental organisations administering support services for disaster-affected people.

That would allow for the information to be shared between New South Wales government agencies. It is important to note that this was proposed as an opt-in system; however, the amendments to the Act do not provide for citizens to opt in or out of their data being shared between agencies. I ask the Minister to explain why recommendation 71 was not included.

We have seen during the pandemic that governments have required the collection of additional information, such as that via the QR code check-in system, to tackle emergencies. In New South Wales we have strong legislation to regulate the sharing of information between government agencies. This is crucial to citizens maintaining confidence in the safety of their data. I acknowledge the importance of enacting this amendment prior to the start of the 2021 bushfire season to enable an effective disaster response. I commend the Minister for doing so. I know that the Minister has worked hard to make the changes necessary to make people's lives easier when dealing with a natural disaster, and I thank him very much for his work.

The proposed amendments to the Liquor Act 2007 and Liquor Regulation 2018 are important amendments to help our hospitality industry recover from the impacts of COVID-19 by making it easier to expand options for alfresco dining. We all love alfresco dining. This is an excellent opportunity for businesses to thrive and to bounce back from the lockdowns. Throughout the pandemic Labor has consulted with the members of the industry, and they have made clear the importance of reform in this space to enable the growth of alfresco dining and the recovery of the industry of live music. Throughout this pandemic Labor has been supportive of reform that eases the strain on business and supports local jobs. We believe that reforming the Liquor Act 2007 and Liquor Regulation 2018 is an important step to support local jobs in the hospitality sector and the live music industry.

Specifically, the proposed changes to sections 94A and 94B of the Liquor Act 2007 will allow for a licensed venue to make an application for a permanent or temporary boundary extension onto a footway adjacent to the premises, alongside community land and public open spaces.

Those who require a temporary boundary extension will be able to serve liquor between 10.00 a.m. and midnight or a shorter period as determined by theapproval to use the relevant land.The amendments to the Liquor Regulation 2018 make similarexemptions for temporary boundary changes to those in the Liquor Act2007. This will allow for land adjacent to a food-and-drink premises to beused as an outdoor dining area associated with the premises. It will alsodefine the land as an exempt development under the State Environmental Planning Policy (Exempt and Complying DevelopmentCodes) 2008. I have spoken with the Minister about this and he is very supportive. Together, I am sure this Parliament can ensure that we encourage all our hospitality venues to get out there, particularly as we approach summer. We all love nothing more than to dine outdoors during the great Australian summer.

The Government's outdoor dining trials have failed to support recoveryfor food, beverage, entertainment, arts and cultural businesses outside the Sydney CBD. I have expressed my concerns about this to the Minister, who acknowledges and understands the difficultiesand will work hard to ensure that this policy is broadened outside the Sydney CBD. As at June 2021, only 311 venues were using outdoor dining during the State trial, of which 303 were in the City of Sydney area. The data tells us what is going on. It iswhat the Government told us on notice recently during budget estimates. Despite the fact that we are in apandemic, only seven venues were outside the City of Sydney. We need to do better in that space and I have no doubt the Minister will do so. The solution has been applied to the CBD, but not across the board. As I have said, we will work hard to ensure that is remedied.

The temporary measures for outdoor dining were a big sign of hope when they were first introduced. They gave councils the power to movemuch more freely during the COVID period and put aside some of thevery sensible consultation measures that were usually in place inorder to get people outdoors for dining and performance. NSW Healthsupported this initiative at the time.In the middle of a pandemic, especially as we open up after a period ofprolonged lockdown, it is unsafe not to apply these measures elsewhere.We want outdoor dining to happen not just in The Rocks or DarlingHarbour but right across New South Wales—and particularly in our regional electorates, Mr Temporary Speaker. We call on the Government to make the initiative work this summer notjust in the City of Sydney, but right across the State.

It is a similar story in the live music sector. The Liquor Amendment (Night-time Economy)Act introduced a number of provisions to support dedicated live music andperformance venues last year, including extended hours of trade forvenues.The provisions applied to dedicated live music and performance venues locatedin the City of Sydney or in special entertainment precincts, which were also introduced in the Act. Unfortunately, not one Special Entertainment Precinct has been created yet. We have to do better. We know that this sector has suffered the most during COVID and we love our outdoor entertaining; we love our music industry and want to get behind it. As a result, the trading benefits that were introduced in the Parliament'snight-time economy bill are flowing only in the City of Sydney at themoment. We need to change that.

This is one more example of the Government's obsession withsupporting businesses in the Sydney CBD while ignoring the rest of New South Wales when it comes to COVID-19 recovery and broader cultural growth. TheOpposition will introduce amendments to deal with this issue in the otherplace.Most live music and performance venues do not provide parking spaces for performers while they load their equipment in and out of the venue. We have to change that. We have to give them every opportunity. Many musicians, particularly in city and town centres, are unable toaccess loading zones or risk being fined when loading heavyequipment in and out of venues unless they park significant distancesaway or have a specifically approved vehicle.

The New South Wales parliamentary inquiry into the music and arts economy—which was a wonderful inquiry that made excellent recommendations—recommended the development of parking permits that allow musiciansto stop in loading zones for a set period when loading in and outof gigs. The inquiry reported in 2018 and years later we have seen no movement on this issue. I implore the Minister to really look at this issue. It is what musicians and the music industry are calling for. I ask the Minister to consider this recommendation and ensure that it is a priority. The Opposition sees a chance in this bill to take a step forward on this issue and will introduce amendments to that effect in the other place.

I now move to the amendments to the Motor Accident Injuries Act2017, the Motor Accidents Compensation Act 1999, the Personal InjuryCommission Act 2020 and the Workplace Injury Management and WorkersCompensation Act 1998. I did say this Act is amending 18 Acts, so there is quite a bit to get through. Labor will not oppose any of those amendments.Labor has a proud record of standing up for the rights of workers, inparticular the rights of injured workers. As such, whenever legislation isintroduced to bolster support for those injured in the workplace, Laborwill always be willing to work with the Government to ensure that workers arebetter off. I thank the Minister for also working towards that goal.

The amendments to the Motor Accident Injuries Act 2017 will expand the timeframe for reviews of a decision and allow for medical assessmentsto occur outside New South Wales.New section 7.15 will allow for an application to review a merit decision madeby the Personal Injury Commission to be made within 28 days or alonger period in accordance with the commission rules. New section 7.26 willapply the same changes to medical assessments.New section 7.20 will now empower the president to arrange for a medicalassessor to assess the dispute outside New South Walesif requested by a party tothe dispute or with the consent of both parties.The Motor Accidents Compensation Act 1999 will be updated with similar amendments, which under section 60 will allow for the presidentto arrange for a medical assessor to assess the dispute outside New South Wales.

The president must take into consideration in making this decision theinterests and wishes of both parties, the nature and complexity of thedispute and whether the arrangement is necessary for a timely and cost-effective assessment. Section 63 will also be updated to allow for decisions to be reviewed beyond the 28-day time period in accordance with the commission's rules.Moving onto the Personal Injury Commission Act 2020, the bill will make similar changes to this Act as those mentioned above. Section 31 will now be expanded to allow for the president to direct that a proceeding beconducted outside New South Wales.In line with both the Motor Accidents Compensation Act 1999 and MotorAccident Injuries Act 2007, this must be requested by one of the partiesor with the consent of both parties. The president must once againconsider whether this is in the interests of the parities and whether it will lead to amore timely and cost-effective conduct of proceedings.

The Workplace Injury Management and Workers Compensation Act 1998 will be amended to include the changes mentioned above. Medicalassessments will be able to occur outside the State and the period for appeal against a non-presidential member's decision will be expanded beyond 28 days, in line with commission rules. The bill also proposes to amend the Home Building Act 1989. This provision inserts a power to seek and obtain an undertaking from a licensed tradesperson that will enable licence holders who are in breach of the Home BuildingAct 1989 and have agreed to rectify that breach, to enter into and bebound by a voluntary undertaking. Undertaking provisions are already in a number of other better regulation laws and have been used in apartment buildings such as class 2 buildings to respond to orders made underthe Residential Apartments Building Act.

I seek clarification about the changes to theCasino Control Act 1992. Schedule 1.2 [2] proposes to amend section 170 of the Act to enable theregulations to apply, adopt or incorporate the provisions of a document,as in force at a particular time or as in force from time to time. In his second reading speech, the Minister stated:

Schedule 1.2 amends the Casino Control Act 1992 to update it to match current drafting conventions. That involves clarifying that regulations may confer functions on the Minister or a delegate.

The Minister failed to clarify what furtherfunctions may be bestowed upon the regulator.additional powers this would bestowupon the regulator.These are very broad terms.They potentially greatly increase the scope ofthe regulator's power and even potentially sideline the oversight of theParliament into the expansion of the regulator's powers. After all, the Parliament is an important part of this regulatory process and must not be overlooked. As such, I request that the Minister clarify how those changes will workin practice and more broadly consult with industry to address theirconcerns. Again,I thank the Minister for his work on this legislation and reiterate thatLabor will not oppose the bill. However, it reserves the right to moveamendments in the other place to address the shortcomings of the legislation.

I urge him to provide this House with further details of what

Mr MARK COURE (Oatley) (19:25:08):

I contribute to debate on the Customer Service Legislation Amendment Bill 2021. I thank the shadow Minister for her preceding contribution and also thank the Minister for his work on this amendment bill. I will particularly speak to the Personal Injury Commission COVID amendments in schedules 1.10, 1.11, 1.13 and 1.19 to the bill. Due to the pandemic-related border restrictions, claimants who reside outside of New South Wales cannot currently travel to this State for medical assessments or hearings. Claimants with injuries unsuitable for assessment by videoconference or "on the papers" cannot be assessed in the State in which they are currently located and cannot travel to New South Wales to be assessed. In addition, medical assessors are not currently expressly authorised to carry out medical examinations outside of New South Wales.

Section 64 (3) of the Personal Injury Commission [PIC] Act 2020 provides a protection for medical assessors against personal liability incurred when acting in good faith. However, this protection only applies to assessments conducted by medical assessors in New South Wales. The Act also restricts the commission's jurisdiction to conducting hearings in New South Wales. Members are not protected under clause 4 of schedule 2 to the PIC Act when exercising their functions if they are exercising their functions outside of New South Wales. There is an increasing number of assessments and hearings that are indefinitely delayed because of the pandemic and ongoing restrictions. That has compounded the existing backlog of cases from last year's lockdown. This creates a significant disadvantage for out-of-State claimants and will place an unnecessary burden on the commission when in-person assessments resume.

The commission was intended to have the ability to conduct out‑of‑State assessments and hearings on its establishment. The amendments aim to clarify the Personal Injury Commission's powers in order to alleviate COVID-19 case delays and also ensure hearings outside of New South Wales, and that commission members and medical assessors are covered by the protections in the Personal Injury Commission Act 2020 when exercising their functions. I am sure members of this House think this is fascinating; I do, and no doubt the Minister does too. Under these amendments the Commission will have increased flexibility and be greatly assisted in meeting its objectives of just, quick, cost-effective and timely resolution of disputes. I commend the bill to the House.

Mr TIM CRAKANTHORP (Newcastle) (19:28:35):

I contribute to debate on the Customer Service Legislation Amendment Bill 2021. As the chair of the Newcastle Live Music Taskforce and a member of Newcastle's Committee for Night Time Jobs and Investment, I have a particular interest in this legislation. I do not oppose this legislation. However, along with my Labor team I have some suggestions to improve this proposed law and we will seek to move amendments in the Legislative Council. The Labor amendments seek to:

Amend the Roads Act to ensure Transport for NSW provide for loading zones for musicians and music workers.

Amend the Liquor Act 2007 in regards to extended hours for live music and performance venues (provisions granted in the Night Time Economy Act 2020) to:

Broaden to all local government areas, not just City of Sydney as it currently stands

Increase extended trading period from 30 minutes to 60 minutes

Remove requirement to have performance on the specific night

Further amend the definition of music venue, and require Liquor and Gaming to publish a list of venues across the State, including an address and an email address for each venue which will facilitate the Good Neighbour policy.

Amend the Music Festivals Act 2019 to include all recommendations arising from the review of the Act which were supported by the Government but not yet enacted.

Examine options for further extension of the temporary removal of outdoor dining restrictions in consultation with stakeholders.

In Newcastle we need more outdoor dining and activation. The Government announced $5,000 grants for hospitality businesses to establish new alfresco settings, but as we have come to see there has not been any further information and local businesses are wanting to apply. The busy summer months will be over before the money is out the door. With regards to the entertainment precincts that the Government has been spruiking, I say to the Minister that we are also the perfect location to roll out the entertainment precincts. The Government could and should support the City of Newcastle to do this work.

COVID has been devastating, but it is encouraging to see our economy slowly reopen while coming out of COVID. I note and commend the owners of the new Bar Mellow, Prue and Byron, as well as the owners of Modus Merewether, Grant and Jaz, who opened their new venues the end of last month and have made significant investments in the Newcastle night-time economy.

Mr Victor Dominello:

Isn't that good?

Mr TIM CRAKANTHORP:

It is. The Minister and I went to Prue's bar, and she has opened a second bar.

Mr Victor Dominello:

Isn't that good?

Mr TIM CRAKANTHORP:

It is very good. However, more needs to be done to support the music and entertainment industry, which is one of the industries that was hardest hit over the last two years of COVID. There has been a lack of support for the live music sector and venues compared to other industries. They are the first to be shut down and last to reopen and they should be supported accordingly. I point out to members that nightclubs have only been able to return to normal operations as of yesterday. As a member of Newcastle's Committee for Night Time Jobs and Investment, I note the success of the small bar trial to support the local night-time economy, which I have championed. As mentioned, we have seen new venues opening and taking advantage of the eased conditions. We are making good progress, but there is still more work to be done. I acknowledge the Minister's support for Newcastle's night-time economy, small bars and the easing of restrictions in Newcastle. It is most appreciated. To help this good work continue, we need measures such as those proposed in the Opposition's amendments. I commend this legislation and our proposed amendments to the House.

Mr ADAM CROUCH (Terrigal) (19:33:10):

I contribute to debate on the Customer Service Legislation Amendment Bill 2021. I acknowledge that the Minister is in the Chamber this evening. On behalf of the Central Coast I say to him that the initiatives that have been rolled out through Service NSW during this pandemic have been nothing short of miraculous. They have supported small- and medium-sized businesses as well as mums and dads through measures such as the business support rollout packages. On the Central Coast some $13 million of Dine & Discover vouchers have yet to be claimed, but $5 million worth had already been cashed in prior to lockdown. We are seeing that stimulus rolling out and Service NSW is at the forefront of that. It is an amazing team of people. The Minister has been to my electorate a number of times and visited the Erina Service NSW centre. Recently Gail retired from that centre after stellar service. She looked after more than 42,000 customers in her time at Service NSW.

Mr Victor Dominello:

We love her.

Mr ADAM CROUCH:

Minister, I think she loves you too. This is what it is all about. One lady walked into Service NSW prior to lockdown and saved $14,000, one of the biggest savings of anyone in the State. On behalf of the people of the Central Coast I acknowledge the great work being done by Service NSW. The capture of data and the ability to access information online is very important. Who would have thought two years ago how important QR codes would become to all of us? We are now able to get an update on our status if we have been exposed to COVID by a message on our Service NSW app. That is because we check in and out of locations using the QR code, a brilliant system which people on the Central Coast have embraced. It has provided them with great peace of mind but also provided very up-to-date data about what is going on. That has been the key to this.

I refer to the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 in support of the amendment. This is a public commitment that we have made as a government to disaster-affected people. The Minister and I have discussed multiple times how we can target relief in areas of disaster. Currently neither the Data Sharing (Government Sector) Act 2015 nor the New South Wales privacy legislation explicitly enables the expedited sharing of personal information during emergencies, natural disasters and hazards, to alert and protect citizens at risk. A key recommendation of the Data Sharing (Government Sector) Act 2015 review was that provisions be included in New South Wales privacy legislation to enable exactly that sharing of personal information in response to emergencies as defined by the State Emergency and Rescue Management Act 1989.

As an example—and the Minister and I have talked about this—if, for instance, there was a fire on the Central Coast, real-time support and financial assistance could be provided to those people who are genuinely affected. That is how data can be used so well. It is pleasing that these amendments have been brought forward because it enables the Government and its agencies to provide targeted support and relief to people who need it most when they need it most. The New South Wales Government is committed to implementing recommendation 71 of the NSW Bushfire Inquiry, which proposed that Resilience NSW and Service NSW design an inclusive, person-centred approach to information collection. Discovery work has commenced to design the Tell Us Your Story Once program, which is vital. If someone is under stress and has been through a disaster they do not want to repeat the same story over and over again. It is bad enough to have to live through it once than have to repeat it to multiple government agencies.

This is like deja vu for me. As I said, I have had these discussions with the Minister and it is good to see this being enacted in legislation and becoming a reality. The Minister listens to feedback, not just from MPs but also from the community. One of my community members was staggered. They put up a comment on one of my posts about a Service NSW application and the Minister responded to them because he had seen it as well. That is the length to which the Minister ensures that everybody in New South Wales receives the same high level of customer service from Service NSW and is also able to benefit from the data sharing process. When disaster strikes it is of vital importance to have a timely and effective response to protect life and property. These amendments will greatly assist in this and, as I said earlier, allow a person to tell their story only once. It will also aid in providing easy access to welfare and support services to help disaster-affected people recover and rebuild in the days, weeks and months following.

This exemption has broad support from across the New South Wales Government as well as from governments in other jurisdictions. The exemptions are also supported by the Privacy Commissioner and the Commissioner for Resilience NSW. This Minister gets the consultation right and makes the right changes to improve people's ability to get access to assistance. Under these amendments the public sector agencies will be exempt from compliance with information protection principles if the collection, use or disclosure of personal information is reasonably necessary to assist in a stage of an emergency. This exemption within the Privacy and Personal Information Protection Act 1998 is mirrored by one in the Health Records and Information Privacy Act 2002 which permits an organisation that holds health information to use or disclose the information for a purpose other than the purpose for which it is collected if the disclosure is reasonably necessary to assist in a stage of an emergency.

These are very clever amendments to an Act which brings the system into the twenty-first century. Data collection as a tool by government is incredibly positive when used for the right reasons. The Government has used it in so many ways for the right reasons during the COVID-19 pandemic. I have people ringing up almost on a daily basis praising the work of Service NSW. We know the rollout for the support of business was not as fast as we would have liked, but we were the first ones to say we are doing the best we can, and businesses appreciated that. Talking about businesses on the Central Coast leads me into alfresco dining. There has been a flood of people to the Central Coast since the lockdown started to ease. One of the benefits on the Central Coast is alfresco dining around some of our beautiful beaches, whether it be Terrigal, Avoca, Shelly Beach or The Entrance, from one end of the coast to the other we have some of the best places for alfresco dining.

I refer to schedule 1.8 and schedule 1.9 of the Customer Service Legislation Amendment Bill 2021 regarding alfresco dining. The proposed amendments make mechanisms trialled as part of the successful alfresco dining trial program a permanent feature of the liquor licensing system. These amendments will enable businesses to continue to access a fast track approval process to temporarily change the boundary of their liquor licence for outdoor dining. This is absolutely brilliant and it is taking place on the Central Coast. Alfresco dining has spread in Terrigal. Businesses are benefiting and the biggest problem we have on the Central Coast is getting enough young people to work because there are so many jobs available. Leading into the holidays on the Central Coast nobody needs to be unemployed at the moment.

Our businesses are thriving because of the economic stimulus but also the flexible changes to things like alfresco dining. Fees will be waived and the local police will be consulted during the council or consent authority approval process, rather than Liquor and Gaming NSW. On the ground they can move very quickly. Central Coast Council has done that. It has deferred fees and expanded on existing alfresco dining areas on the Central Coast. I thank Central Cost Council CEO David Farmer. He and I, together with the NSW Business Chamber on the Central Coast and NSW Health, took part in discussions leading up to the lockdown restrictions being lifted on the Central Coast and these things were put into place. Our region is benefiting because of that.

I congratulate the Minister and his hardworking staff for their diligence and for taking the time to listen to the average person on the street whose contributions really do matter. That has happened with changing the way we log in with the QR code to add dependants and friends. That was something I mentioned to the Minister and, lo and behold, a week later the change was made. Having your vaccination status linked to your QR code system is fantastic. The feedback I have had from businesses across the Central Coast is that it is a brilliant system, they have embraced it and they are happy to use it. The people on the Central Coast are doing the right thing about their vaccination status and respecting the frontline workers in hospitality when showing their vaccination status. Again I congratulate the Minister and his staff for putting together an excellent amendment. I commend the bill and the amendment to the House.

Dr JOE McGIRR (Wagga Wagga) (19:43:17):

I make a contribution to the Customer Service Legislation Amendment Bill 2021 regarding the amendments that allow the sharing of personal and health information. I join with the member for Terrigal in acknowledging the presence of the Minister in the Chamber and also thank him for his contribution to the battle against COVID. As the member for Terrigal pointed out, Service NSW has been a very important part of that response and has been very effective. On the odd occasion when that effectiveness needed to be improved, the Minister has been very responsive. I appreciate that and thank him publicly for that.

I also welcome the changes in the bill to the sharing of personal and health information when it is reasonably necessary in the stages of an emergency. However, I have a concern, which I will come to in a moment. At the outset I state that these changes clearly come from the recommendations of the Bushfire Enquiry conducted by Dave Owen and Professor Mary O'Kane. It is an excellent report, as several speakers in this debate have noted. Recommendation 71 of that report talks about Resilience NSW and Service NSW jointly designing "an inclusive, person-centred approach to information collection", which I would have thought the Minister would have leapt at, knowing his focus on customer service and digitisation, which would have been great. The report goes on to talk about a scheme that should be supported by an opt-in scheme in terms of consent to the sharing of information. However, I think the Government has gone further than that and has referenced the text of the report whereas in fact the commissioners noted:

The NSW Government should look to either amend or introduce legislation that would enable the sharing of information between State and local government agencies and non-governmental organisations which have a need for the information, and a role in response or recovery activities.

That is not a recommendation but it is clearly stated in the text of the report and clearly was in the minds of the commissioners at the time. I note in the Minister's second reading speech there is a reference to support for this view from the head of Resilience NSW, Shane Fitzsimmons. I make the point that this sharing of information in response and recovery phases of an emergency is absolutely critical. I note the member for Cootamundra is seated opposite me. She would testify to how ridiculous it was in the 2020 bushfires in the Snowy Valleys Council region. I was gobsmacked at what a complicated process it was for people, who were quite traumatised, to get themselves logged in at the evacuation centre. However, I accepted that that was necessary because I thought at the time that that information, once collected, would be available to the health system, to local government and to different funding agencies. I could not believe it when, in subsequent weeks, local government and Health had to re-collect that information. That meant that people who were extremely stressed had to tell their stories multiple times, but it also meant that the agencies were inefficient because their staff then had to go out and interview everyone on their own. That delayed people getting financial and health assistance.

A much better approach than that is clearly needed. It was something that stuck in my mind and I am very pleased that the Government has acted on the recommendation and gone further. As I say, it defies belief that people would have to tell their story on repeated occasions and that one agency could be aware of someone in genuine distress and not be able to share that information. I also think it is important that the Government allowed that to occur without the necessary opt-in or consent for the sharing of information. I think that people in response and recovery phases of an emergency are quite distressed and a consent form in the hands of the bureaucracy of course would not be one page; it would be three or four pages and sections leading to consent to it. I also think that in those circumstances there would be some question as to a person's capacity to consent. I accept that; however, my one concern about this is that the reference is to stages of an emergency.

In the relevant legislation my understanding—and perhaps the Minister might be able to help me with this—is that a stage refers to prevention, preparation, response and recovery. Preparation for an emergency may take years. Arguably, preparation for an emergency is taking place right now in hazard reduction, inspection of people's properties and defining asset protection zones. There may be an issue if there is sharing of personal, private and health information in the context of there being no urgency and the agency is not dealing with people who are distressed. The same argument could be made in the prevention phase although I accept that, in the days before a fire is coming, there could be a lot of stress in the community and that would fit with the prevention phase; the preparation is longer term. I note in the commissioners' report that there is a reference to this taking place in the response and recovery activities. I wonder whether there should be some thought given as to whether this should be the stages of an emergency of response and recovery rather than all of the stages. I ask the Government to consider that.

There may be a reason for the commissioners' thinking about being broader than that but it seems to me to be a little bit unnecessary, particularly given that they have gone one step beyond opting in and in fact are allowing sharing essentially without consent in what we all think of as an emergency situation. As I have said, I think that is appropriate in the response and recovery phases. I ask the Government to consider that; otherwise, it is very pleasing to see this outcome from the Bushfire Inquiry coming to fruition. It is an important development because it will help government agencies to work seamlessly together and get assistance to people on the ground in a timely fashion.

Ms STEPH COOKE (Cootamundra) (19:50:26):

I make a contribution to debate on the Customer Service Legislation Amendment Bill 2021. Like other members did in their contributions to debate I, too, acknowledge the presence of the Minister in the Chamber and thank him and his staff for all their hard work, not just in relation to this legislation but throughout the pandemic. I particularly acknowledge the staff who were able to be reached at all hours of the day and night whenever there was something that warranted urgent attention. The staff have always been there and I acknowledge that some of them are present in the lobby tonight. I also acknowledge the Service NSW officers in the Cootamundra electorate. Because the Cootamundra electorate is the size of Switzerland, it warrants five Service NSW officers in Cowra, Young, West Wyalong, Cootamundra and Narrandera. The teams who work in those offices do a fantastic job of supporting people in our small communities, particularly the elderly. The communities of the electorate are ageing. We have a lot of people who perhaps struggle with the transition to digital technology. The staff of Service NSW have always been there to provide gentle assistance and to help clients transition to the digital way of doing things with as much ease as possible.

I will speak specifically about the alfresco dining reforms of the bill, which I very much support. I specifically refer to schedule 1.8 and 1.9. The proposed amendments make mechanisms, which were trialled as part of the successful alfresco dining trial program, a permanent feature of the liquor licensing system. That will be fantastic for venues and businesses right across the Cootamundra electorate. The amendments will enable businesses to continue to access a fast-track approval process to temporarily change the boundary of their liquor licence for outdoor dining. Fees will be waived and local police will be consulted during the council or consent authority approval process, rather than by Liquor & Gaming NSW. The changes mean that police do not have to be consulted twice on the same proposal, which will enable Liquor & Gaming NSW to process approvals in as little as three days.

The amendment to extend part 12 enables councils to approve the use of a footway or public open space as part of an outdoor dining area, extension of a foyer or a performance space for an additional 12 months. This will enable a decision to be made on whether the provisions should become permanent in the Liquor Act 2007 or be moved to the Roads Act 1993, which is the primary legislation governing outdoor dining approvals.

Those temporary arrangements under the trial were enabled via the Liquor Regulation and were in place until 31 October 2021. It is therefore appropriate that those arrangements be moved into the Act if they are to be continued on a permanent basis. The proposed amendments also will enable businesses that have operated with a temporary liquor licence boundary change to be eligible for a fast-track permanent boundary change process in certain circumstances and where there have been no substantive compliance issues.

These amendments are critical to support the ongoing New South Wales economic recovery efforts, as it emerges from the COVID-19 lockdown. The amendments also support compliance with public health advice.In closing, I give a huge shout-out to the hospitality sector in the Cootamundra electoratefor their resilience and determination to pull through this difficult stage, supported by numerous packages offered by the New South Wales Government. I have had so much positive feedback in relation to the provision of that support. Our cafes and other businesses will benefit from the alfresco dining reforms outlined in this bill. On that basis, I commend the bill to the House.

Mr VICTOR DOMINELLO (RydeMinister for Customer Service, and Minister for Digital) (19:55:43):

— In reply: I thank members representing the electorates of Swansea, Oatley, Newcastle, Terrigal, Wagga Wagga and Cootamundra for their contributions to the debate. I am pleased to deliver a reply on behalf of the Government in relation to the Customer Service Legislation Amendment Bill 2021. As members have heard, the bill makes miscellaneous amendments to 19 Acts or regulations across the Customer Service and Better Regulation portfolios, as well as amendments to related Acts. They range from minor updates to current drafting conventions and correcting drafting oversights, to amendments aiming to support customers during COVID-19 recovery. For example, the amendments to the Casino Control Act 1992 are administrative in nature. The changes ensure that the regulation-making provisions in the Act reflect contemporary drafting practices. They are not intended to make any substantive changes or confer any additional powers on the casino regulatory environment. Hopefully that addresses the concerns raised by the member for Swansea.

The amendments within this bill support COVID-19 and bushfire recovery and provide a better customer experience for the people of New South Wales through amendments to the Privacy and Personal Information Protection Act 1998, the Health Records and Information Privacy Act 2002, the Liquor Act 2007 and various amendments relating to the Personal Injury Commission. In relation to the privacy amendments, the amendments to the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 reflect a public commitment from the Government in response to the NSW Bushfire Inquiry. The exemption will mean that people will only have to tell their story once to receive assistance from a range of agencies, local councils and NGOs that support people during and after natural disasters and emergencies. This will increase the efficiency of disaster response.

During the March 2021 floods information sharing and the provision of services to disaster-affected people were significantly delayed as a result of putting in place complex agreements, even when people had opted in to sharing their information. What is the information that is to be shared? The exemption allowing for information sharing is limited. The information can only be shared when it is reasonably necessary to assist in a stage of an emergency. Hopefully that addresses the concerns of the member for Wagga Wagga. For example, only information such as contact details and eligibility needs will be shared to an agency providing mental health services, not complete patient records. It is the bare minimum. "Emergency" is defined under the State Emergency and Rescue Management Act 1989, which limits the operation of the exemption to situations where there has been an actual or imminent occurrence that endangers or threatens to endanger the safety or health of New South Wales residents, or destroys or threatens to destroy or damage property in New South Wales, being an emergency that requires a significant and coordinated response.

Reflecting on what the member for Wagga Wagga said, I completely understand and agree. When it comes to preparation and prevention, there is a longer time span. We are dealing with emergency situations when this would occur. Like the member for Wagga Wagga and other speakers before him, I was there for the aftermath of the fires and I saw firsthand how frustrating it was for so many people who were having to tell their story time and time again. They do not differentiate between government service agencies; they think it is one government and it is sharing this information anyway. They do not understand that this is a government agency, this is a government agency and this is a government agency. I can understand the frustration. In fact, I call this process trauma. People go through the trauma of the fire and then they go through the process trauma of dealing with different agencies that focus on themselves rather than on the people who have experienced these horrible events.

Importantly, the exemption is available in the various stages of an emergency as defined, which enables information to be shared during the recovery phase. The qualified nature of the exemption means that it will only apply in limited circumstances. Agencies would only share information where it is reasonably necessary to support New South Wales residents during disasters. Again, we have significantly consulted with Commissioner Shane Fitzsimmons in relation to this. In relation to the safeguards, Resilience NSW will develop policy guidelines in consultation with the privacy commissioner for approval by the State Emergency Management Committee. These guidelines will incorporate advice for agencies on when use of the exemption would be appropriate. It would include guidance on when sharing might be considered reasonably necessary to assist.

On the issue of seeking consent, in the majority of circumstances Resilience NSW would be able to gain consent from a disaster-affected person to share their information. However, the bill enables assistance to be provided in circumstances where that is simply not possible. For example, the exemption from seeking consent would enable emergency services to expedite the provision of specialist transport to evacuate residents with specific mobility needs safely and quickly when a bushfire is rapidly approaching residential areas. In this situation emergency services will not have time to seek consent to share the information with specialist transport services that are delivered by other government agencies or local non-government organisations. Guidance on the appropriate use of the exemptions, including dealing with situations such as where a person has expressly advised that their information should not be shared, can be addressed in the policy guidelines. The policy guidelines are being developed by Resilience NSW in consultation with the privacy commissioner for endorsement by the State Emergency Management Committee.

I share the concerns of everybody in relation to privacy settings. But saving someone's life in an emergency situation is more important than privacy. The fact that we do not have rigid rules set by this Parliament will go a long way towards protecting life. We need to trust the privacy commissioner and the Commissioner for Resilience NSW to work together to make sure that they have the flexibility to get the balance right. There is plenty of oversight with the privacy commissioner being involved in the mix. These amendments will allow emergency service agencies to cut through red tape and provide services that people urgently need when a disaster hits or when helping people impacted by a disaster to recover and rebuild.

Enabling businesses to apply using a streamlined approval process to temporarily change the boundary of a licensed premises for outdoor dining will support economic recovery in the hospitality sector and bring patrons back to bars and restaurants safely. That supports the Government's priority of government made easy. This is a simple amendment that, in many ways, should have been done many years, if not decades, ago. For example, in relation to various permits, local councils do their consultation with the community and then make a decision. It then goes to Liquor & Gaming NSW which starts the consultation process again and then makes a decision. One would have thought that the consultation by Liquor & Gaming NSW could have been embedded in the first consultation—that is, do not do it sequentially, do it concurrently. By doing that, we are saving up to 50 days, which is nigh on two months. These are sensible amendments. One of the few silver linings out of COVID is that we now have an opportunity to permanently fix some ridiculous provisions.

Amendments relating to the Personal Injury Commission will assist with the increasing number of assessments and hearings that have been delayed due to the pandemic. Clarifying that the commission can conduct hearings and assessments outside of New South Wales gives it flexibility and assists it in meeting its objectives of just, quick, cost‑effective and timely resolution of disputes. These amendments will also help customers who have been disadvantaged by the pandemic. The Personal Injury Commission, which I am very proud of and which has been a great reform of the Government, has made the NSW Law Society, the Australian Lawyers Alliance, the Bar Association and Unions NSW aware of the proposed amendments to allow out‑of‑State hearings and assessments. No concerns were raised following that consultation.

Changes relating to the Home Building Act 1989 allow a licence holder or other persons, such as a developer, to enter into an agreement with NSW Fair Trading in lieu of prosecution or an order for rectification works which have adverse impacts on a licence holder going forward. By creating an undertaking power, inspectors could save time. As the agreement is voluntary, evidentiary thresholds are not required to be met. They can be diverted to resolve more complex breaches of the Act that more adversely impact customers. These amendments improve the customer experience for the people of New South Wales and ensure that they are supported as we emerge from COVID. I thank my outstanding staff member, who has already been acknowledged today but I will also acknowledge, Priya Pragaddinnimath. I also acknowledge Dawn Routledge who is the Executive Director of Resilience NSW, Jo Webber and Stephanie Wong for all the great work they have done.

TEMPORARY SPEAKER (Ms Sonia Hornery):

The question is that this bill be now read a second time.

Motion agreed to.

Consideration in detail requested by Mr Victor Dominello.

Consideration in Detail

TEMPORARY SPEAKER (Ms Sonia Hornery):

By leave: I will deal with the bill in one group of clauses and schedules. The question is that clauses 1 and 2, and schedule 1 be agreed to.

Mr VICTOR DOMINELLO (RydeMinister for Customer Service, and Minister for Digital) (20:08:12):

— I move Government amendment No. 1 on sheet c2021‑124A:

Government employer

No. 1

Page 14, Schedule 1.19. Insert after line 11—

[1A] Section 4 Definitions

government employer

Insert after section 4(1), definition of , paragraph (a)—

(a1)a person exercising employer functions for the Crown or a government agency in relation to a worker, and

ExampleGovernment Sector Employment Act 2013

— The , sections 26 and 31 provide for Secretaries of Departments and certain other heads of Public Service agencies to exercise the employer functions of the Government of New South Wales.

TEMPORARY SPEAKER (Ms Sonia Hornery):

The question is that Government amendment No. 1 on sheet c2021‑124A be agreed to.

Amendment agreed to.

Mr VICTOR DOMINELLO (RydeMinister for Customer Service, and Minister for Digital) (20:09:44):

— By leave: I move Government amendments Nos 1 and 2 on sheet c2021‑120B in globo:

COVID-19 regulation-making powers

No.1

Page 3, Schedule 1. Insert after line 27—

1.2A Community Land Management Act 2021 No 7

Section 238

Insert after section 237—

238Regulation-making power for COVID-19 pandemic

(1)The regulations under this Act may provide for the following matters for the purposes of responding to the public health emergency caused by the COVID-19 pandemic—

(a)altered arrangements for convening an association meeting, including arrangements for the issue or service of notices and other documents in relation to the meeting,

(b)altered arrangements for the way voting may be conducted at an association meeting, including—

(i)the circumstances in which the altered arrangements for voting may apply, and

(ii)conditions that apply to the way the vote is exercised,

(c)an alternative to affixing the seal of the association, including any requirements for witnessing or attesting to the alternative way.

(2)Regulations made under this section—

(a)are not limited by the regulation-making power in this Act, and

(b)may override a provision of this Act.

(3)Regulations made under this section expire on—

(a)the day that is 6 months after its commencement, or

(b)the earlier day decided by Parliament by resolution of either House of Parliament.

(4)This section is repealed on 30 September 2022.

(5)In this section—

association meeting

means—

(a)a first annual general meeting of the association, or

(b)an annual general meeting of the association, other than the first annual general meeting, or

(c)a special general meeting of the association, or

(d)a meeting of the association committee of an association.

special general meeting

, in relation to an association, means a meeting that is not the first annual general meeting of the association or an annual general meeting of the association.

COVID-19 regulation-making powers

No. 2

Page 13, Schedule 1. Insert after line 41—

1.17AStrata Schemes Management Act 2015 No 50

Section 271A Regulation-making power for COVID-19 pandemic

Omit "31 March 2022" from section 271A(5). Insert instead "30 September 2022".

TEMPORARY SPEAKER (Ms Sonia Hornery):

The question is that Government amendments Nos 1 and 2 on sheet c2021‑120B be agreed to.

Amendments agreed to.

Mr VICTOR DOMINELLO (RydeMinister for Customer Service, and Minister for Digital) (20:11:22):

— I move Government amendment No. 1 on sheet c2021‑119C:

Membership fees of registered clubs

No. 1

Page 12, Schedule 1.16[4], proposed section 30(2B), line 19. Omit all words on the line. Insert instead—

membership fee, the rules must specify—

(a)the amount of the fee, or

(b)the procedure for determining the amount of the fee.

TEMPORARY SPEAKER (Ms Sonia Hornery):

The question is that Government amendment No. 1 on sheet c2021‑119C be agreed to.

Amendment agreed to.

Mr VICTOR DOMINELLO (RydeMinister for Customer Service, and Minister for Digital) (20:11:16):

— I move Government amendment No. 1 on sheet c2021‑151B:

Betting and Racing Act 1998

No. 1

Page 3, Schedule 1.1, lines 2–17. Omit all words on those lines.

TEMPORARY SPEAKER (Ms Sonia Hornery):

The question is that Government amendment No. 1 on sheet c2021‑151B be agreed to.

Amendment agreed to.

TEMPORARY SPEAKER (Ms Sonia Hornery):

The question is that clauses 1 and 2, and schedule 1 as amended be agreed to.

Clauses 1 and 2, and schedule 1 as amended agreed to.

Third Reading

Mr VICTOR DOMINELLO:

I move:

That this bill be now read a third time.

Motion agreed to.