Licensing and Registration (Uniform Procedures) Amendment Bill 2021

Hansard ID: HANSARD-1323879322-121268

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

Licensing and Registration (Uniform Procedures) Amendment Bill 2021

Second Reading Debate

Debate resumed from 17 November 2021.

Ms YASMIN CATLEY (Swansea) (12:39:53):

I lead for the Opposition on the Licensing and Registration (Uniform Procedures) Amendment Bill 2021. The bill proposes to amend the Licensing and Registration (Uniform Procedures) Act 2002 to establish an overarching legal framework that will enable any New South Wales government agency to issue a licence in a digital format and be lawfully recognised. The amendment will also make the Act easier to follow by updating outdated language. The Licensing and Registration (Uniform Procedures) Act 2002 was designed to create a consistent approach to licensing and registration across New South Wales regulators by establishing standard procedural provisions that can be adopted by regulators on an opt-in basis. With the growing demand for digital licences from New South Wales citizens, the Act must be amended to reflect our changing world. In his second reading speech the Minister stated:

… there are currently over 100 pieces of New South Wales legislation that refer to licences, registrations, accreditations, permits, authorisations, approvals or entitlements, most of which use different terms and processes. The Licensing and Registration (Uniform Procedures) Act provides a mechanism to have central uniform procedures while still allowing regulators to maintain their own legislation to manage the unique and specific issues that exist for different authorisations.

The intent from the Minister is admirable. As I am sure every member of the House would agree, as more and more business of Government is conducted digitally we must ensure that legislation is updated to reflect this reality. I note that the Minister has foreshadowed the further development of the digital licensing scheme by the Government in his second reading speech, indicating plans to further digitise trade licences such as the home building contractor licence and high-risk work licences. The amendment to the Licensing and Registration (Uniform Procedures) Act 2002 will establish part 46 of the Act, which will enable a licensing authority to issue a digital licence without having to make individual amendments to its own legislation. New section 80N in part 4B of the bill outlines:

(1)A licensing authority may issue a licence in a physical form, digital form or both.

(2)The licensing authority may vary the form and content of the digital form of a licence at any time so long as the licence still complies with the particulars or other matter required by this Act or the relevant licensing legislation.

New section 80O outlines the rules regarding the inspection of digital licences, including making clear that a holder of a digital licence must produce the licence in a way that enables the person to properly inspect the licence. Further, the holder of a licence is not required, when a person is inspecting the digital form of the licence, to hand over the device used to display the digital form of the licence. New section 80P makes clear that provisions in the Act, or another Act or law, are satisfied if the holder carries on them the device on which the digital form of the licence is capable of being displayed.

The bill will allow for regulations to add further types of instruments as a licence in the future, along with outlining a general definition of a licence that can apply across multiple authorisations. Under the bill a government agency will be able to choose the technology best suited for the issuing of a digital licence should it not wish to use the Service NSW digital platform. The uniform licensing provisions in the bill are opt-in, allowing for all agencies that adopt the provisions to still be able to modify their applications to facilitate their requirements.

While the uniform licensing will be opt in, information sharing and digital licence provisions will be opt out to ensure that all agencies benefit from these new provisions. Of course, with the shift to so much more of the business of government being conducted online, data security is always a concern and the Opposition will always closely monitor any legislation and its implementation to ensure it does not put citizens' data at risk. As we continue to expand the ability of government agencies to issue digital licences, we must ensure that we do not leave people behind. I am pleased to see that this bill allows for a licence to be issued in a digital form, physical form or both. This flexibility will also give government departments greater agency in determining what licences are appropriate for digitisation.

The bill will also establish a single, standardised renewal period under the Licensing and Registration (Uniform Procedures) Act 2002 which will extend the period in which an applicant can apply to have their licence renewed to within 12 weeks before the expiration date. It will also allow for a licence to be restored if it was cancelled in error rather than the current system which requires the individual to reapply for a licence. Further, the proposed amendments will provide greater transparency over licensing decisions, including requiring a show cause notice to be issued which would give an individual a chance to refute a cancellation, suspension or other disciplinary action before it is taken.

Apart from amending the Licensing and Registration (Uniform Procedures) Act 2002, the bill will also amend a further 24 Acts and regulations across a range of portfolio areas. This includes the Motor Dealers and Repairers Act 2013, Architects Act 2003, Commercial Agents and Private Inquiry Agents Act 2004, Design and Building Practitioners Regulation 2021, Surveying and Spatial Information Act 2002 and Veterinary Practice Regulation 2013. The Opposition has engaged with stakeholders from across industries impacted by the proposed changes to ensure the proposals are workable for industry and do not have any unexpected consequences.

I thank the Minister and his staff for their work in this space, in particular the introduction of the digital driver licence and digital white card. As the Minister stated in his second reading speech, already 153,000 individuals across the State are using a digital white card. These have been positive changes within Service NSW and the broader licensing infrastructure. This bill makes commonsense changes that will streamline the licensing system. The Opposition will not oppose the bill. I commend the bill to the House.

Mr MARK COURE (Oatley) (12:47:19):

I speak in support of the Licensing and Registration (Uniform Procedures) Amendment Bill 2021. For the record, I applaud the Minister for Customer Service for his wonderful work on digital licence initiatives, which has led to this bill being introduced. Additionally, as the Minister for Digital, he has systematically transformed the way that citizens of this great State interact with government. Digital licences continue his great work in the digital space and all he has accomplished for this State's digital transformation, including the world‑leading QR code check‑in system and of course, Dine & Discover NSW, which I am sure members on both sides of this House have used as well.

The bill establishes an overarching legal framework for the issue and use of digital licences in New South Wales. Once in place, any regulator can rely on the framework to support upcoming and future digital licence initiatives across the State. Under the Department of Customer Service's digital trade licence program, the Government has been working to digitise certain occupational‑related licences and other authorisations, making it easier for customers to go wallet free. I think that is really important. The SafeWork NSW digital general construction induction training card, known as the digital white card, was the first digital form of occupational‑related authorisation to go live in early 2021. Under the State's next stage of its digital transformation, the Government plans to roll out certain occupational licences in digital form during the first half of next year. It is expected that home building licence certificates will be available in digital form in early 2022. This will kick off with the release of digital contractor licences, followed by digital supervisor certificates and digital tradesperson certificates, which is great news for tradies and for small, medium and large companies—for example, cabinet makers such as my brother, my cousin and my dad. The home building licensing scheme covers various classes, including specialist trades such as air-conditioning, electrical, plumbing, draining and gasfitting licences and certificates.

The next phase, which is really important, will focus on releasing the SafeWork NSW digital high‑risk work licences. These initiatives will open the digital pathway to thousands and thousands of people who can opt in and reap the benefits. Since 1 July 2021 there have been around 123,919 licensed contractors, 50,321 qualified supervisors, 3,552 certified tradespeople and 380,000 licensed high-risk workers. With the high uptake of digital driver licences and digital white cards, it is expected many of these holders will choose to go with the digital option and go without the plastic. They will be able to say goodbye to the plastic licences clogging up their wallets and have quick and easy access to all the work licences they need on their smartphone. Hopefully we will see others follow this step as well. Other licensing regimes where the digital option could extend after digital high‑risk work licences have been rolled out range from building certifiers and property agents to, potentially, motor dealers.

The strong demand to digitise other authorisations will likely accelerate other digital licence initiatives across New South Wales and contribute to a digital transformation en masse. Beyond digitising driver licences—I note that my licence is digitised—and occupational trade licences, there would be scope to consider digitising all sorts of other government-issued authorisations and documents. I can see this overarching framework being used in a wide range of different areas. Potentially this could include the Seniors Card, birth certificates, the Working With Children Check, recreational fishing licences, boating licences, emu licences—I do not have an emu licence—paintball permits and the regional seniors travel card, among many others. It will become an "if not, why not" in terms of digitising government licences, documents and other types of authorisations. Having the kids' birth certificates digitised will be a great step forward. Every time my little James or Sammy needs to update myGov or the childcare centre wants to see something we spend 24 hours trying to find the birth certificate for either one of them.

Digitising these authorisations involves regulatory reform to ensure its legal validity as the relevant licensing legislation contemplates physical authorisations. The digital licence framework in this bill will enable any New South Wales regulator to issue a licence under the relevant licensing legislation in a physical form, digital form or in both forms, meaning that each form is legally valid. The framework also clarifies how a digital licence can be used lawfully. Relying on the framework in the Licensing and Registration (Uniform Procedures) Amendment Bill 2021, NSW Fair Trading and SafeWork NSW can lawfully offer a digital form of home building and high-risk work authorisations under their respective licensing schemes next year, which is great news. Both regulators can look to the framework to see how various legislative obligations can be satisfied or how they apply when a digital form of a licence is used. Other processes involved in digitising a licence can be done administratively and each regulator is best placed to manage this.

While technology is certainly playing an increasing part in our lives, digital licences are still a relatively new technology and not everyone may be able to access digital licences or will be comfortable using them. There is still a need to consider digital inclusion, which means that a having choice of both physical and digital forms of licences is important. The framework recognises that and provides the option to have both forms, which is particularly significant as digital licence products are progressively introduced. Like other digital licence initiatives pursued, both physical and digital forms will be available. That means licence holders can choose either or both forms based on their personal preference, putting customers at the centre of what we do. Holders will need a MyServiceNSW account and the Service NSW app to opt in and access the digital form of their licence. I acknowledge the Minister, the department and the staff; the app is just fantastic.

As part of that process, the holder's consent is obtained within the app to ensure compliance with privacy requirements. Once a digital licence is available to a holder in the app, it will be an officially issued authorisation. Regulators will develop educational and communication material, which will be publicly available on relevant government websites and within the app as digital licence products are piloted and released, so that licence holders and the broader community know how digital licences can be legally used. The digital licence amendments will commence on assent to facilitate and support the upcoming rollouts. Over time, other New South Wales government agencies are likely to follow suit and start to shift towards and consider adopting digital licence initiatives as part of this framework. That is exciting news for people in this space.

In addition to supporting the rollout of digital licences under the digital trade program, the framework can be relied on in the same way to support future digital licence initiatives, not just occupational licences, that other regulators of this State decide to pursue. The framework will provide the legislative backing for digital licence projects in this State so that the Government can continue to provide better outcomes for customers and make their interactions with government a whole lot easier. These reforms will form an integral part of the Government's commitment to delivering digital services now and into the future. I commend the bill to the House.

Ms STEPH COOKE (Cootamundra) (12:56:58):

I speak in support of the Licensing and Registration (Uniform Procedures) Amendment Bill 2021. I will specifically focus my contribution on the intent of modernising the Act and its importance and significance as we move forward, and also on the provisions that will ensure that people who do not necessarily access things digitally do not get left behind. I think it is really important that we strike that balance, particularly as someone who represents a large rural electorate where a number of people still struggle with internet access or do not have a modern smart phone. It is really important that they too can access the licensing and registrations that they require. When the Licensing and Registration (Uniform Procedures) Act, otherwise known as LRUPA, was originally enacted in 2002 it was a very forward‑thinking Act. It was designed to create uniform procedures for licences and registrations and to facilitate digital transactions between customers and regulators.

For example, the Act already enables customers to apply for licences digitally and regulators to issue notices digitally. However, technology has advanced significantly since LRUPA was enacted and, while the Act was forward thinking in its provisions relating to electronic transactions, it still contains references to technologies and processes that are now considered obsolete. The amendment bill removes and updates those provisions because the Government believes it is important to bring the Act into the modern, digital age as well as to reflect customer expectations around interactions with government.

The bill's new digital licensing provisions will enable all regulators to issue a licence in a digital form, not only those that currently use LRUPA. As members have heard, the digital driver's licence and white card have been extremely popular. In fact 153,000 white card holders have chosen to use a digital white card; that is incredible uptake across New South Wales. Now that customers have experienced the benefits of digital licences, such as convenience and added security features, there will be an increasing expectation from customers to have all of their licences available on their phones. The amendments in the bill create a framework for digital licences in New South Wales, which will be vital now and in the future.

The bill also increases the number of ways in which customers can interact with government to manage their licences. As it currently stands, LRUPA specifies that an application for a licence or registration can be made in writing or by means of electronic communication. While it is wonderful that the Act allows digital applications, not all customers want to interact with government in that way. That is where I turn my attention to the constituents in my electorate because the majority of them drop into one of the five Service NSW centres in Cootamundra. The services those centres provide to our communities are second to none. I commend the management and teams who live and work in rural New South Wales. They really understand our customers and they should be highly commended for the way they look after them. But those customers should not be left behind. The alternative for them should not be completing long and tedious paper application forms.

To reflect their needs, the bill will enable them to make an electronic or non‑electronic application, with non‑electronic applications covering written and face-to-face interactions. The point of having Service NSW centres is so staff can interact with customers face to face. The staff at those centres do a wonderful job. The bill will enable them to carry on and even amplify that work. Modern licensing legislation is extremely important for the effective administration of licensing schemes. It is especially important when the legislation contains uniform procedures intended to apply to a broad range of regulators, licences and customers. The amendments contained in the bill will make LRUPA more customer centric and will ensure that the Act reflects digital processes. I thank the Minister and his team for introducing the legislation. I commend the bill to the House.

Mr ADAM CROUCH (Terrigal) (13:03:27):

On behalf of the Government I am delighted to speak in support of the Licensing and Registration (Uniform Procedures) Amendment Bill 2021. At the outset I note the excellent contributions from the member for Oatley and the amazing and impressive contribution from my colleague from the National Party and fellow Whip, the member for Cootamundra. She understands how important this legislation is for the good people of the Cootamundra electorate. They have to travel great distances to access services. Many metropolitan MPs do not understand the sacrifices regional people make to have access. The easier we can make access to digital services for regional people, the better off they will be. It gives quality time back to them, rather than their having to arduously fill out paperwork. The member for Cootamundra feels very passionately about that. I think that the Cootamundra electorate has five Service NSW offices. The people of Cootamundra are exceptionally well served by the member and equally by Service NSW.

I support this bill and acknowledge the great work the Minister has been doing with digital transformation, which has seen a complete rewriting of what people expect from working with the Government. This is the Government serving the people of New South Wales, looking after them and making their lives easier. I love that the Minister has abbreviated "Licensing and Registration (Uniform Procedures) Amendment" to "LRUPA". Like everything, he tries to make even the name as simple as possible. The Minister, his team and his department are listening to the valuable feedback they receive on a daily basis from our constituents. This bill goes a long way to showing how the Government responds to the people of New South Wales, to help make their lives easier.

I will address this bill's amendments that establish an overarching legal framework for digital licences in New South Wales. Almost all people in New South Wales have digital licences, which have made our lives much easier. Coupled with the access to venues through QR codes, what used to be arduous, nightmarish transactions with the Government have now become almost a joy to do. Most transactions to do with licences can be done online, without even leaving home. This is a long way from what we saw decades ago, when going down to the Roads & Traffic Authority building was not a pleasant experience, especially during lunchtime. Now those transactions can be done on a laptop at home, and that is all because of the digital transformation Minister Dominello has led.

I acknowledge also the incredible inroads this Government has already made in modernising government processes. The people of Service NSW are there to help. They are so focused on customers. The team at the Service NSW office in Erina, whom the Minister has visited multiple times, has saved hundreds and hundreds of thousands of dollars for the people of my electorate, including one lady who saved up to $14,000 on one visit. I think that that is the record for the largest reimbursement to a resident of New South Wales. She called in to see the team, and that was the benefit of it. It is also about the customer focus this Minister has driven from the top down.

I acknowledge also the great work being done by the department to continually upgrade and modernise the services and adapt to what our customers, the people of New South Wales, want. To date, this Government has already taken bold steps to drive innovative solutions that converge digital and physical experiences for New South Wales consumers. I like to call them customers because they are customers, not only individuals but also businesses and the public sector. The support the Government has provided to businesses of all sizes during the COVID-19 pandemic has been nothing short of astounding. This State again led the way in providing that support through a one-stop shop, Service NSW, to get them the additional support and comfort they needed during what may be the toughest time this State has ever seen.

The honourable members in the Chamber and watching live on the video stream will recall that a number of amendments were initially made to recognise the trial of New South Wales digital driver licences. These were followed by a broader set of reforms after the trial proved to be an unequivocal success, with the Minister for Customer Service introducing the Road Transport Amendment (Digital Licensing) Bill 2020 in this House, to ensure that digital driver licence cards had the same legal status as plastic driver licence cards in this State. Very rarely now do people carry their wallets or purses. Most people rely on all the information being captured on their phones. It makes working, travelling and living daily life so much easier. Not having to lug a wallet around in my back pocket is a good thing. It means that I do not jam receipts into it and carry everything else that comes with it. It is a great system.

In March 2021 the Government introduced the first digital form of occupation-related authorisation in New South Wales with the SafeWork NSW digital general construction induction training card, also known as the digital white card. I note that the Opposition does not oppose this excellent piece of new legislation. It recognises how much easier the Government has made it for tradies around New South Wales to do these sorts of transactions with government. Indeed, it is a credit to the Minister that the Opposition fully supports this new legislation. Industry and tradespeople have applauded this digital initiative. They have given positive feedback that the digital form is easy to use and access. It has also proven to be convenient and timely in the context of the COVID-19 pandemic, where the need for digitisation was accelerated. This legislation is responding to the needs of customers to ensure that we provide a seamless, smooth transition for them to continue with their daily business. They do not want government interfering in business and making it more complex. These sorts of initiatives are making it easier.

Following the successful rollout of the digital white card, the Government will be working towards introducing other digital forms of licences in 2022, including NSW Fair Trading home building licences and SafeWork NSW high risk work licences. It is a great way to digitally keep track of all of the information that really matters. The Government is advancing its commitment for customer‑centric licensing reforms by establishing a statewide overarching legal framework for digital licences. That is so important. The framework will enable any New South Wales Government agency to issue a licence in a digital form and to ensure that digital licences are lawfully recognised in this State. It will apply to any licensing legislation in New South Wales and will also capture a host of authorisations issued under any Act or statutory rule in New South Wales—with the ability to add more by regulation. It will contribute to the mammoth effort by this Government to adopt a whole‑of‑government approach to service delivery that is agile, responsive and in line with emerging technologies and customer expectations.

Extension of time

New part 4B of the bill makes it clear that a regulator may issue a licence in a physical or digital form or, if necessary, in both forms. That will provide legal recognition of the digital form of a licence, as the digital form is of equal value to its physical counterpart. Licensing authorities will be able to rely on new part 4B if they decide to offer a digital form of a licence. It is critical that the law addresses how various compliance and enforcement requirements that contemplate the use of a physical licence can be satisfied when a digital form of a licence is used. I am happy that the framework addresses those core matters and provides a streamlined approach for meeting legislative obligations with digital licences. These amendments will ensure legislative clarity, so that licence holders and regulators know how various legislative obligations can be satisfied or how they will apply when a digital form of a licence is used. For instance, a requirement for a holder to physically surrender a licence due to a cancellation will not apply to a digital form of a licence. This requirement is important for a physical licence as it can continue to be used as long as it remains in the possession of the holder. However, a digital licence is linked to the relevant government licensing system. The status of the licence is updated digitally and in real time and will reflect when a licence has been cancelled. []

I repeat, this is a fantastic amendment to a great piece of legislation. I acknowledge the outstanding work of the Minister's staff: Jane Standish, Matt Dawson and the fantastic and indefatigable Priya Pagaddinnimath—who is present in the Chamber. The Minister continues to do great work. I often give him feedback from people in my electorate and across the Central Coast. His door is always open. The Minister is keen to listen to feedback and to make changes to digital technology, especially when it benefits the people of New South Wales. I thank the Minister for his ongoing action in this area. I congratulate the team who put this bill together on their vital engagement with stakeholders and for taking the time to listen to the people of New South Wales. I commend the bill to the House.

Debate interrupted.

The ASSISTANT SPEAKER:

I shall now leave the chair. The House will resume at 2.15 p.m.