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Covid-19 Legislation Amendment (Stronger Communities and Health) Bill 2021

Published on: March 2021

Record: HANSARD-1323879322-115810

COVID-19 Legislation Amendment (Stronger Communities and Health) Bill 2021

Second Reading Debate

Debate resumed from 18 February 2021.

Mr PAUL LYNCH (Liverpool) (12:16:33):

I lead for the Opposition on the COVID-19 Legislation Amendment (Stronger Communities and Health) Bill 2021. The Opposition does not oppose the bill, which follows legislation in March and May of last year that was specifically to introduce a number of emergency measures in response to the COVID-19 pandemic. That legislation included the COVID-19 Legislation Amendment (Emergency Measures) Act 2020, the COVID-19 Legislation Amendment (Emergency Measures—Attorney General) Act 2020 and the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020. The vast bulk of those legislative provisions were temporary, as was appropriate, and included sunset clauses. Many of the provisions will now expire shortly, on 26 March this year. This bill will extend some of those provisions for a further six months until 26 September this year. Additionally, they may be further extended by regulation for an additional six months.

I note the Attorney's explanation in his second reading speech that this time frame coincides with the projected vaccination rollout times. It is noteworthy and a good principle that no Henry VIII clauses are being extended. Such clauses are always challenging at the level of principle and can only be justified in the most extreme of circumstances. There are no provisions in this bill that were not in previous legislation. They largely relate to allowing courts, tribunals and correctional services to continue to provide services safely during the pandemic. The ways in which courts and tribunals have operated during the pandemic have varied.

I have had some concerns put to me about the NSW Civil and Administrative Tribunal [NCAT]. Whilst the originating process can be filed electronically at NCAT, other documentation apparently cannot. It has been put to me that that means that when other documents have to be filed in proceedings, they have to be delivered to a box in the lift foyer outside the locked Sydney Registry Office. Granted the potential sensitivity of such documents, for example financial records, that seems somewhat less than satisfactory. I do not expect the Attorney General to respond in reply, but I would like to think that matter might be addressed. I should also note that there are some items unrelated to the pandemic that are in the bill. These are amendments to the not yet commenced Mental Health and Cognitive Impairment Forensic Provisions Act 2020. I note the Attorney General's comments that these provide clarification and amend minor drafting errors. The Opposition does not oppose the bill.

Ms MELANIE GIBBONS (Holsworthy) (12:20:00):

I speak in support of the COVID‑19 Legislation Amendment (Stronger Communities and Health) Bill 2021. I thank the Attorney General, the Hon. Mark Speakman, for introducing the bill to the House. The bill proposes to extend a number of emergency measures that were implemented as a result of the COVID-19 pandemic. The extension is temporary and will continue until September 2021, with the option of a further six-month extension if necessary. The bill, and the extension period it proposes, is necessary in keeping the citizens of New South Wales protected from COVID-19. Although Australia has dealt with the pandemic significantly well compared to other countries, COVID-19 still poses a considerable risk to New South Wales and therefore legislation is required to keep our communities safe.

The bill proposes to extend implemented measures to do with court, tribunal and correctional services to ensure that their services can still safely operate during the pandemic. The New South Wales Government passed legislation in March and May of last year that implemented temporary measures to manage the pandemic. The provisions enclosed in those bills included a finishing date to ensure they only remained operational for as long as they were required. The Holsworthy electorate and south-west Sydney had its fair share of COVID‑19 outbreaks. In particular, the Crossroads Hotel, Casula, outbreak impacted my local community significantly, and it was the first outbreak in New South Wales to impact a community. That is why I welcome the extension of the temporary measures that the bill outlines, as it aims to keep communities safe from the health risks.

The bill seeks to extend the implemented temporary measures until 26 September 2021, in conjunction with the projected rollout of the vaccine to New South Wales citizens. It also incorporates some flexibility, given the unpredictable nature of the pandemic and potential outbreaks. It is important to note that extraordinary regulation‑making powers are not going to be extended as part of the bill. Furthermore, there are no new COVID‑19 emergency provisions proposed under the bill. Schedule 1.23 to the bill recommends the temporary extension of the provisions under the Public Health Act 2010. One of those provisions allows a police officer to arrest a person who is suspected upon reasonable grounds of breaching a public health order relating to the COVID‑19 pandemic. On being arrested, the person may be returned to their house or place of residence or the specific place that the public health order requires them to stay. That is required to remain implemented for the next six months to ensure that there is a streamlined and structured approach to deal with breaches of the public health orders. It will also allow police officers to be able to have the adequate powers to respond to someone contravening the orders.

Schedule 1.15 to the bill proposes the temporary extension of part 5 of chapter 7 of the Criminal Procedure Act. That permits a judge to order that a relevant witness can give evidence by having it recorded in advance of the trial at a pre‑recorded evidence hearing. The evidence will then be viewed at the trial. Further, section 365 of the Act provides that a court can make an order that the accused person can be tried by a judge alone. That can be done if the accused and the prosecutor consent to it being a judge-only trial and if it is done in the interests of justice. It will streamline the process of judge-alone trials given the climate of the pandemic but will also preserve the accused person's right to being tried by a jury, should they prefer it.

Schedule 1.17 extends temporary provisions in section 22C of the Evidence (Audio and Audio Visual Links) Act 1998, which enables increased use of audiovisual links for court proceedings. This is to decrease in‑person court appearances during the pandemic, due to the health risks they pose. It provides a presumption in favour of audiovisual links for bail appearances and provides the courts with the power to use audiovisual links at hearings and trials. The bill extends provisions that facilitate reduced in-person attendance at courts. For example, section 182 of the Criminal Procedure Act 1986 provides additional circumstances under which pleas can be lodged in writing instead of in person. Written pleas are allowed temporarily where the accused person has been granted or refused bail or where bail has been dispensed with. The extension of that provision is required to ensure that in-person contact with the court system is reduced. That complements other operational changes like increasing the use of electronic communication and enhanced hygiene practices.

Schedules 1.5 and 1.13 to the bill make sure that powers remain present in the Youth Justice system and the adult correctional system to ensure that offenders, staff and the wider community are protected from COVID‑19. Some of those powers include permitting the Commissioner of Corrective Services and the Secretary of the Department of Communities and Justice to prevent visits to correctional facilities and youth detention centres in an effort to stop the spread of the virus. Those powers have been necessary during the pandemic and have been utilised based on health advice. Those powers also allow for individuals to be screened and to prevent them from entering the facility if they do not pass the screening test. It is important to note that, while in‑person visits have been limited and suspended, inmates are able to use post, telephone, email, audiovisual link and other means to communicate and connect with family, friends and legal advisers.

Schedule 1.3 to the bill further extends the operation of sections 9A and 14A of the Children (Community Service Orders) Act 1987, which enables the Children's Court to continue to make children's community service orders during the pandemic. Generally the court must be satisfied that there is community service work available before imposing a community service order. Section 9A allows the court to impose a community service order when it is appropriate to do so. If COVID-19 affects the availability of that work, the order can still be imposed with the understanding that the work will become available during the term of the order. Section 14A of the Act allows a young person to be allowed to report to a Youth Justice officer through audiovisual link or telephone to ensure they fulfil the requirement to turn up to a nominated place to commence community service, as COVID‑19 has obviously presented challenges to meeting in person. This will allow for flexibility when imposing children's community service orders. It is important to maintain that to ensure that those orders can be used as a sentencing option for young people during the COVID‑19 pandemic.

Schedule 1.1 to the bill extends section 54 of the Child Protection (Working with Children) Act 2012. That allows the Children's Guardian to continue to exercise discretion to extend the duration of a Working With Children Check clearance beyond five years in suitable and appropriate circumstances. That will enable frontline workers who provide services to children and for those who work with vulnerable children to continue to work in their roles without the need to review their Working With Children Check clearance for a period of time. If there are any further lockdown periods or outbreaks, that provision will ensure that those important workers can continue to work with children. Further to that, section 54 enables flexibility with the renewal process of the Working With Children Check by removing barriers that would possibly affect clearance renewals and the ability of an individual to work with children. That was exercised in 2020 for Working With Children Checks that were going to expire during March and September; they were extended by six months so that individuals were not required to physically attend a Service NSW centre when public health restrictions were in place.

It is necessary for the Children's Guardian to continue to have that discretion in case further lockdowns take place, which could prevent those services that involve working with children from continuing. To further ensure that child safety is prioritised, other ongoing monitoring measures will still apply, including that carers in out‑of‑home care settings can still provide certified copies of proof‑of‑identity documents to foster care agencies instead of visiting a Service NSW centre in person. Without those provisions the community would not have been able to operate and provide services in a safe manner. It is important that the citizens of New South Wales remain protected throughout the course of the pandemic. The bill extends those emergency measures that have been implemented to ensure we are kept safe. Extending those provisions is a response to the evolving and unpredictable nature of the pandemic.

Before I commend the bill to the House, which I will do in a moment, and while we are talking about COVID‑19, I will take the opportunity to thank some of those important people who have worked tirelessly to help the community during the pandemic. Obviously first and foremost I thank those frontline workers who are out there day in and day out—whether that is in our hospital system, the quarantine system or wherever they may be—supporting our community to continue to be safe.

I also thank the Hon. Gladys Berejiklian, Chief Health Officer Dr Kerry Chant, and Minister for Health and Medical Research Brad Hazzard. Those people have continued to inform and protect our State throughout the duration of COVID-19 and been available to all of us at short notice to help answer our questions and put our minds at ease. I acknowledge Minister for Customer Service Victor Dominello for his effort in creating the Service NSW app to ensure that our residents are kept protected, Rob Stokes for the changes he very quickly implemented, and Minister for Transport and Roads Andrew Constance for getting us to our jobs as safely as possible when needed. I would like to thank all of our community groups as well, and I will do that at a later stage. With that, I commend the bill to the House.

Ms JODIE HARRISON (Charlestown) (12:30:13):

As the shadow Attorney General indicated, the Opposition will support the COVID-19 Legislation Amendment (Stronger Communities and Health) Bill 2021. Over the past year, the COVID-19 pandemic has posed unprecedented challenges. Our communities have had to adapt to whole new ways of learning, socialising, doing business and staying well. I note that this bill does not propose any new emergency measures. Instead, it will extend certain emergency measures already implemented in response to the pandemic until September this year, with an option of a further six-month extension by regulation should that be required. The bill will also make some minor amendments to various other unrelated pieces of legislation to correct some drafting errors.

Ruby Princess

In these turbulent times we cannot know the future. Our systems need to be prepared to cope with any eventuality. It has been some time since the last major outbreak in New South Wales, but experiences at the beginning of this year and in recent days emphasise that COVID-19 poses an ongoing public health risk. Our government agencies and services need to have the ability to properly respond to any new cluster as necessary. With new and highly transmissible strains appearing around the world, we cannot risk another debacle like the . Through Australia in general, and New South Wales in particular, we have fared well throughout the crisis when compared with other countries. The damage done by the pandemic will take a long time to address and heal, but so much of our success is owed to our fantastic frontline health workers and public service. Their dedication, innovation and commitment to keeping our State healthy has been instrumental and will continue to be so. The willingness of ordinary people to stay home, to sacrifice, to follow the guidelines set out by NSW Health and to take responsibility for themselves and their friends and family is to be applauded.

Our State's continued good health and success would not have been possible without everybody pitching in. In the Charlestown electorate, local entrepreneurs and innovators pivoted to address the needs of the pandemic. Restaurants and cafes started offering take-out or delivery, businesses shifted to working online and clothing stores started manufacturing and selling masks. Local inventors even developed and manufactured a prototype ventilator to help increase stock should we in New South Wales face a situation similar to New York, Milan or London and an overwhelming demand might threaten to force our doctors to ration health care. Every day residents of the Charlestown electorate stepped up too by supporting those in quarantine, checking in on elderly neighbours, helping friends and loved ones and often even strangers to survive and flourish in trying times. I am so proud of my electorate for the way we have faced and overcome the challenges of COVID-19 together.

I am so proud of this State's committed and professional public servants, especially our frontline workers, who did so much to keep us safe. They include teachers, who had to pivot to online learning with next to no warning and far too little support; hospital workers, who kept showing up to work despite the potential danger; our emergency services personnel, whose lifesaving work cannot be done remotely; our early childhood educators, who kept the doors of their centres open to ensure that parents could keep working; and retail workers, who have often been looked down upon but who proved absolutely essential in the midst of this crisis. Many of them copped abuse from frightened and agitated shoppers, but they still stocked shelves, got food into our pantries and made sure that everyone got the toilet paper they needed. Without all of these people pitching in and doing their part no amount of legislation or regulation could have kept our State functioning. They deserve our appreciation and support, and to have their wages and rights at work protected.

I have some concerns about the current situation. We all know that it has been a difficult time for many. The economic impacts of lockdown and the recession will be felt for years to come. Inequalities have been exacerbated and disadvantage entrenched. Opportunities lost and dreams deferred will have knock‑on effects for a generation of young people. In his second reading speech the Attorney General expressed thanks for the trust the Parliament has placed in the Government to navigate through the pandemic. In times of genuine crisis I think all of us in this place are able to put aside party affiliations and political ambition to focus on the good of our State, and we have generally seen that over the past year regarding COVID. This Parliament must not be treated as a rubber stamp for the decisions of the Executive, nor should the pandemic be used to shield Government Ministers and backbenchers from needed scrutiny.

We are elected to this place by our constituents to represent their interests at all times. This can and must include holding the Government to account, even during times of crisis. In our parliamentary democracy nothing, not a natural disaster or a global pandemic, can be allowed to stand in the way of accountability. Last year the Government was struck by an avalanche of controversies, most particularly the catastrophic revelations of corporate malfeasance and wage theft at icare. At the height of that controversy, with new revelations about mismanagement and political interference coming every day, the Government refused to recall Parliament to answer questions. At the time we were told that there was nothing the Government needed Parliament's approval for. This is a despicable attitude.

I say again: We in this place are not a rubber stamp for the Premier and her Cabinet. We are not here to allow bad Government actions to pass by without appropriate scrutiny, from icare to ICAC hearings, to dodgy deals by backbenchers and questionable ministerial ethics. Our job as elected members of the New South Wales Parliament is to hold the Government to account. Yes, in times of crisis we hope that the Government can indeed be trusted to do what is right for our State, but with that trust comes an expectation of accountability, transparency and honesty. The Government—with some notable exceptions—handled the pandemic as well as can be expected. However, the trust we as MPs and the public at large have invested in the Government has been tested again and again in recent times. We must have the capacity to return to the trials of the COVID-19 pandemic, whatever they might be.

I implore the Government to stop using the pandemic and the trust of the public as a shield from much‑needed scrutiny. I once again thank the many workers who kept our State functioning during this crisis. I extend my thanks to New South Wales government agencies and their hardworking staff for adjusting to the demands of COVID. Without them and the perseverance and adaptability of every person in this State, we would not be where we are now. I support the bill.

Mr MARK COURE (Oatley) (12:37:57):Criminal Responsibility and Consequences

I support the COVID-19 Legislation Amendment (Stronger Communities and Health) Bill 2021. I particularly focus on getting the implementation right, which is crucial to the success of any legislation that passes through the Parliament. The bill will significantly assist with the implementation of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020. The Mental Health Cognitive Impairment Forensic Provisions Act 2020—the new Act—was introduced to Parliament in June 2020 and passed without amendment. The new Act implements the majority of the New South Wales Law Reform Commission's recommendations in report 138, , and replaces the Mental Health (Forensic Provisions) Act 1990.

The COVID-19 Legislation Amendment (Stronger Communities and Health) Bill 2021 recognises that people who come into contact with the criminal justice system and have mental health impairment or cognitive impairment may need to be dealt with via the forensic mental health pathway. It also takes into account the safety and experiences of victims and prioritises the safety of the community. The new Act updates the language of forensic mental health and includes definitions of both mental health impairment and cognitive impairment, ensuring that forensic mental health is not limited in its application to people with mental illness. The new Act provides for the following: diversion for some people in the Local Court who are accused of low-level offending and have a mental health or cognitive impairment that can be treated or supported in the community. Eligibility for diversion is determined by a few factors, including any history of prior diversion orders and the safety of the community.

The second point that is also included in the new Act is a modernised test for the defence of mental health impairment or cognitive impairment in serious matters, known at common law as the defence of mental illness; and a new special verdict of act proven but not criminally responsible, previously not guilty by reason of mental illness, which assists victims and, more importantly, reflects the intention of the special verdict. The third point in the new Act is a statutory test for whether a person is fit to be tried, which codifies the common law and adds new considerations into fitness, such as whether modifications or assistance can be given to enable a person to meet the fitness criteria. A fourth point is more efficient interactions between the courts and the Mental Health Review Tribunal, streamlining processes that may otherwise delay finalisation of a matter and ensuring that defendants and, of course, victims have their matters dealt with in an efficient and effective way.

The new Act strikes, I think, the right balance between the needs of victims, the safety of the community and the needs of the offender. It says that the law will deal with people accused of low-level offending differently, contingent on that person seeking treatment and support, and reducing the likelihood of reoffending. It also says that unfit people who are accused of serious offences should not be tried using ordinary criminal processes but that the matter should be resolved in a special hearing as soon as possible. The new Act also reasserts that the safety of the community is primary in all decision-making, including by the court or the Mental Health Review Tribunal.

Implementation of the new Act required significant system updates for New South Wales courts and for the Mental Health Review Tribunal. It also required development of training materials for magistrates, judges, tribunal members and legal practitioners. It necessitated further training for forensic mental health specialists and all those who work in the system. In the course of these updates, both the Local Court of New South Wales and the Mental Health Review Tribunal asked for minor updates and clarifications to the Act. In particular, the Local Court of New South Wales sought information on the operation of the new Act in the summary jurisdiction, and the Mental Health Review Tribunal sought clarifications as to how the new Act will operate towards serious offences when a person becomes a forensic patient.

The Local Court of New South Wales asked for two amendments. First, the court asked for the removal of the words "on application" in part 2 of the new Act, which could unintentionally trigger the special jurisdiction of the Local Court. This has now been removed by schedule 2 [1] to the bill. Secondly, the Local Court asked for a clarifying amendment to the transitional provisions. This amendment ensures that magistrates are aware that a person whose matter has already started in the court prior to the new Act commencing and is applying for a diversion order is to be dealt with under sections 32 or 33 of the former Act. This has been clarified by schedule 2 [4] to the bill.

The Mental Health Review Tribunal also sought two other clarifying amendments. The first relates to one of the more complex interactions between the courts and the Mental Health Review Tribunal, when a person who has been found unfit to be tried and has been tried at a special hearing is given a limiting term by the court. The transitional provision amendment makes clear that a person who has received the limiting term and has been referred to the tribunal will finish that process under the old Act. That means they will come back before the court for a disposition order, which is a step that has been removed under the new Act. The second amendment fixes an inadvertent inclusion of the words "this Division" in section 77 of the new Act. The list goes on. The Department of Communities and Justice has consulted the Mental Health Review Tribunal, the Local Court of New South Wales, the Children's Court of New South Wales, Legal Aid NSW and the Office of the Director of Public Prosecutions.

The amendments are necessary for a clear transition from the old Act to the new, modern and supported forensic mental health regime. They have been informed by consultation with key stakeholders across New South Wales. I am pleased to support the bill in this House.

Ms FELICITY WILSON (North Shore) (12:45:44):

As members know, almost a year ago the Government introduced the first COVID-19 emergency bill into this Parliament. This is an extraordinary time in the history of our State and indeed the world; all of us have had to adapt quickly to many changes as we work together to contain the spread of COVID‑19. Our frontline workers delivering essential services, particularly in health, worked around the clock to figure out how to deal with the virus. Some people suffered loss of employment or a reduction of employment. Many started working from home and had to find new ways to work. Parents were encouraged to keep their children home from school, which created a lot of challenges for our children and young people and also for parents; they had to adapt to learning remotely for a period.

We limited our movements, and contact with friends and families was also limited in order to keep our nearest and dearest safe and well. Those many changes brought new challenges for us. No‑one had an instruction manual on living through a global pandemic. Nobody knew what would happen or exactly what to do. We did know that we had to listen to our public health experts and that physical distancing and staying apart could keep us together. By and large, the people of New South Wales have done all that we have asked of them—all that we have asked of each other—and with good grace. Each of the States and Territories through the National Cabinet, led by our first Ministers, has risen to the challenges of the pandemic compared with the rest of the world. One year on, we have recorded over 5,000 COVID-19 cases in New South Wales, many from overseas as we continue to support the safe return home of Australians via hotel quarantine.

We have done more than five million COVID-19 tests in New South Wales. Although New South Wales has fared relatively well in managing this global pandemic, tragically 56 people in our State have lost their lives due to COVID-19. We continue to extend our thoughts to the families and loved ones of those people who lost their lives. The past year has been a particularly difficult and trying time for many. Throughout this period we have been even more fortunate and grateful than usual to have been led by the most amazing public health team. I take this opportunity to acknowledge, in particular, the incredible work and dedication of our State's Chief Health Officer, Dr Kerry Chant. Throughout the COVID‑19 pandemic Dr Chant has been a constant, trusted presence, providing vital health information to keep us all informed and safe.

I also acknowledge the excellent work of other senior healthmanagement, including the Secretary of NSW Health, Elizabeth Koff, anddeputy secretary Susan Pearce, and, of course, our frontline healthstaff. Those frontline staff include nurses, doctors, alliedhealth staff, pathology staff, cleaners, security personnel,contact tracers and administrative staff.

Last week we celebrated International Women's Day. I know many of my colleagues in the Chamber were at the breakfast event acknowledging Dr Chant's outstanding achievements when she was named the NSW Premier's Woman of the Year, the highest honour in these annual awards that were held just last week. Dr Chant is a role model and an inspiration. She has led a remarkable public health response throughout the pandemic, which has been acknowledged and applauded throughout the world. I add my voice to the chorus in extending my thanks and appreciation to Dr Chant. I note that when accepting the Premier's award Dr Chant acknowledged the role that the broader team plays in the work that she has been able to deliver and in ensuring that we are all safe and well.

Yesterday I had the great privilege of going to Royal North Shore Hospital and meeting with some of our newest nurses in the intensive care units [ICU], critical care, surgery and neonatal ICU [NICU]. I met with a number of our new nurses. I got to experience them undertaking a simulated exercise where they saved our friend James, a manikin who had gone into distress. These are students who have only just completed their studies and chosen to go into critical care at a time of the global pandemic when their own health could be significantly at risk, as we have seen across the world the impact of COVID on people within our medical professions—the number of people infected and the number of people who have unfortunately died. Yet these studentshave chosen critical care. They have chosen to put themselves in the frontline to keep us safe and well. I should not have been shocked but I was shocked, stunned and in awe of their responsiveness yesterday, only three weeks in to being part of the Royal North Shore Hospital ICU team.They were able to respond to uncertainty with calmness, professionalism and skill. I know we are in very safe hands with those professionals even just at the beginning of their career and journey.

As I mentioned I also met with members of the NICU team on their first day, so they had not yet been able to provide any critical care to babies needing it. But we spoke about the level of care and responsibility on each of them when it comes to some of the uncertainty around children and new babies in intensive care and critical care. We also spoke about the fear that parents will have and some of the challenges that parents and new mothers have with attachment, bonding and feeding, and howtheir role is not only to care for a very small, precious, vulnerable and fragile babybut also for the family around them.

Having had my own son, Henry, six months ago tomorrow at Royal North Shore Hospital, and thankfully not having to have any critical care treatment, I know the remarkable work of the midwifery practice and the obstetricians. Having had a baby during a pandemic, it was a very interesting experience, particularly considering two years previously I had a child in normal circumstances—the old normal. So I just got the opportunity on a very regular basis to observe the individuals within our health system—their excellence, their grace, their focus on the patient and the patient's family and not on themselves, and their diligence and perseverance. Our appreciation and respect for them is paramount.

This time last year it was pretty scary. We were all very anxious and uncertain. When we think back to March last year, the uncertainty and fear about our future, how long it would take to get back to a sense of normal, whether or not there were additional risks for each of us—asI said, I was a pregnant woman with no certainty around the globe about what COVID-19 meant for pregnant women or for an unborn baby—wedid not even know that a vaccine could be produced this rapidly with the amount of global focus and resources put to that task.The idea that less than a year later we have multiple vaccines is a cause for optimism coming out of all that fear and anxiety.

On Monday 22 February the COVID-19 vaccination programcommenced in New South Wales. This marked a significant milestonein entering the next stage of managing this pandemic.Our frontline workers were the first in line for vaccination, as they should be. Therehave been over 35,000 jabs delivered to frontline workers in the first threeweeks of the Pfizer vaccine rollout inNew South Wales. We have now commencedthe rollout of the second vaccine in New South Wales, the AstraZeneca vaccine,with many clinics opening in regional areas over the next few weeks.I note the Premier told us again today how grateful she was to get the AstraZeneca vaccine and encouraged all of us in the community to also take on the vaccine when it is available to them.

We have made significant progress.However, this pandemic is notover. On the weekend, a hotel quarantine worker tested positive toCOVID-19. This worker had received the first of two doses of thePfizer vaccine. This broke a remarkable streak of 55 days without anylocally acquired cases of COVID-19here in New South Wales.This—combined with the northern beaches outbreak over theChristmas and New Year period, other outbreaks across the GreaterSydney region and recent outbreaks in Victoria and Queensland—demonstrates that COVID-19 continues to pose public health risks tothe New South Wales community.

The emergence of new and more transmissible strains of the virus will be an ongoing challenge. This recent case is yet another reminder that, despite our many successes in containing COVID‑19, we cannot relax or let down our guard. We need to remain vigilant. We live with the constant threat of this virus even now as we embark on this new phase and start to roll out a promising vaccination program.

The public health risks are likely to continue until broad community vaccination is achieved. Until such time we must remain vigilant and continue COVID‑safe practices. But that is why we know that we are in the safest possible hands with our health system. That is why the measures in this bill are so important and still necessary to help us manage the COVID‑19 pandemic. As well as we see it being managed, the pandemic is not over. I am pleased to support the bill.

Mr ALEX GREENWICH (Sydney) (12:54:14):

The COVID‑19 Legislation Amendment (Stronger Communities and Health) Bill 2021 extends for six more months some of the emergency and extraordinary powers introduced last year to deal with the pandemic. It allows a further six‑month extension by regulation. COVID‑19 continues to wreak havoc across the world, with over 2½ million deaths attributed to the disease in just over a year and over 21 million cases currently active. Thankfully, Australia—especially New South Wales under the leadership of the Premier and Minister Hazzard—has avoided a health crisis. However, the need for social‑distancing powers remains as the disease continues to escape hotel quarantine and has the ability to spread quickly through the community. The World Health Organization has warned that the pandemic is unlikely to finish by the end of the year, even with concerted efforts to vaccinate populations, because it will take time to fully vaccinate enough people across the globe to stop infections and to determine the effectiveness of the vaccines in the face of new variants.

Hopefully, for New South Wales another year in the shadow of COVID‑19 will not mean significant health challenges outside of rolling out vaccines, but certainly it will mean more economic pain, with a focus on certain industries and jobs. Industries that rely on tourism, like accommodation and travel; on guaranteed open borders, like touring; and on crowds, like live music, will be hit hard. Last year many businesses managed to stay afloat only because of JobKeeper and grants. JobKeeper is set to disappear at the end of the month, and we risk a wave of business collapses and unemployment. In particular, I worry about businesses in Sydney's central business district that rely on trade from city office workers, such as restaurants, bars, cafes and copy services. The CBD economy is in crisis. More people are returning to the office; however, numbers are still very low. Many office towers are tenanted by multinational companies that have global return‑to‑work policies based on cities with poorer COVID‑19 outcomes.

Maximum CBD occupancy rates are around 25 per cent—far short of pre‑pandemic levels. That is unlikely to change any time soon. At the height of the pandemic trade dropped to as low as 90 per cent for many CBD small businesses. It has not been restored to more than 50 per cent since. Those businesses are trapped in long‑term leases entered into before the pandemic and have not been able to negotiate rent reductions with their landlords that would enable them to survive. If business owners terminate their leases, their landlords can take their large security deposits or pursue them in court for the sale of their homes, which are often used to secure guarantees. When JobKeeker is withdrawn, those businesses will need additional financial assistance to continue operating or protections against losing their security bonds and other guarantees if they cease. I have written to the Treasurer to ask for a recovery package to protect this cohort.

The New South Wales Government has still not provided a package to save the State's dedicated live music venues. Last year I sponsored a petition signed by over 20,000 people in just over 24 hours in support of live music venues. Those venues are the lifeblood of our music industry, fostering the careers of homegrown talent that we export to the world. They also support local industries, like restaurants and bars. Dedicated live music venues suffered prolonged closures and severely reduced audiences, and hired additional staff to comply with health orders. They will not survive the loss of JobKeeper.

I was disappointed to read that Venue 505 will close at the end of the month despite the Government having told me it would work with venues to develop a survival package, as has been done in Victoria, South Australia, Queensland and indeed across the globe. If existing dedicated venues close, recovery in the live music industry will be longer and more challenging and New South Wales will cease to be cultural world leader we are renowned to be. The Government has said it is committed to a vibrant live music industry. I again urge it to work with dedicated live music venues to save them from collapse.

The end of JobKeeper also poses significant risks to workers across the board, particularly low-income workers in the food and beverage, hospitality, entertainment and retail industries for whom work depends on their employer receiving JobKeeper. Without JobKeeper, many will lose their jobs at the same time. The Government must prepare for this new wave of unemployment. I welcome the commitment to extend the moratorium on residential tenancy evictions, but we also need better protections to ensure that landlords and tenants negotiate in good faith. We urgently need to remove no grounds evictions. The need for the bill shows that the pandemic is not over and is going to be with us for at least another six months. Beyond ensuring that social distancing can continue we now need to go to protecting the most vulnerable, including vulnerable small businesses, from economic fallout.

Mr PETER SIDGREAVES (Camden) (12:59:48):

Schedule 1.5 and schedule 1.13 to the COVID-19 Legislation Amendment (Stronger Communities and Health) Bill 2021 contain amendments to the Children (Detention Centres) Act 1987 and the Crimes (Administration of Sentences) Act 1999 respectively. The purpose of these amendments is to extend the power of the Commissioner of Corrective Services and the Secretary of the Department of Communities and Justice to restrict visits to correctional centres and Youth Justice NSW detention centres. The amendments also extend the power of the Commissioner of Corrective Services to grant parole to inmates of prescribed classes.

The provisions were originally legislated by this Parliament in March 2020 under the COVID-19 Legislation Amendment (Emergency Measures) Bill 2020 as temporary emergency measures in response to the COVID-19 pandemic. They are necessary to protect the health of inmates, detainees, staff and the community from the continued public health risk posed by COVID-19. These powers remain an important mitigation tool should COVID-19 enter custodial facilities, which could have devastating consequences. However, these powers are not the only protective measures in place to address the heightened risk that COVID-19 poses in correctional facilities. They complement the proactive steps that Corrective Services and Youth Justice have taken to minimise the risk to inmates, detainees, staff and the community.

Youth Justice has implemented a comprehensive pandemic plan across its operations. A working group oversees all COVID-19-related activities, action plans, systems and processes across Youth Justice in line with information from Justice Health. Young people in Youth Justice custody are temperature checked each morning and mostly housed in single rooms with a private toilet and shower. All new intakes into Youth Justice custody undergo COVID-19 testing by Justice Health and are placed into quarantine for 14 days. Anyone supervising or interacting with young people in a Youth Justice centre is required to undertake social distancing and hygiene practices and to wear a mask when required in line with NSW Health advice. Youth Justice staff who exhibit flu‑like symptoms do not attend work and instead self-isolate and are tested for COVID-19. Staff can return to duties once they obtain a negative COVID-19 test result and they no longer have flu-like symptoms. Special leave is available for staff who are excluded from the workplace, for example, because they have attended a hotspot or are otherwise required to self-isolate by NSW Health.

Corrective Services continues to work in partnership with Justice Health and NSW Health to manage COVID-19 risks. The coronavirus command post was established in March 2020 to be the central point of contact for advice across Corrective Services. As more of the operations of Corrective Services return to COVID Safe business as usual, the operations of the command post are winding down. In the case of further outbreaks the command post will be reinstated as required.

Each correctional centre also has a pandemic action plan that is updated to respond to changing circumstances. New receptions and offenders transported by police to correctional centres or court cells are temperature checked and screened for COVID-19 symptoms. All new inmates entering correctional centres are tested for COVID-19 and quarantined in a designated area separate from the general inmate population for 14 days. After this quarantine period, Justice Health assesses the inmate and advises if they can be managed within the general inmate population. Any inmate with flu-like symptoms or suspected of having COVID-19 is isolated and referred to Justice Health for assessment. Inmates are only returned to the general population once they are cleared by Justice Health.

Corrective Services has made a number of modifications to its centres in response to the COVID‑19 emergency. Additional thermal digital devices have been installed at all large correctional centres to identify and prevent any febrile staff member or authorised visitor from entering. Isolation hubs have been established at several correctional centres to manage any inmate who tests positive to COVID-19. A field hospital at the Metropolitan Reception and Remand Centre has been established to manage any positive COVID-19 inmate who becomes acutely unwell. Protocols are in place to ensure that Corrective Services staff do not attend work if they have returned from overseas, have spent time in any locations requiring mandatory self-isolation or quarantine and COVID-19 testing, have been in contact with an infected person in the last 14 days, or display flu‑like symptoms.

Justice Health has identified and is closely monitoring inmates at increased risk of infection, including those with a history of chronic illness and the aged. Additional audiovisual link technology has been made available for family visits, with more than 210,000 video visits facilitated for inmates and detainees as at 14 March 2021. Corrective Services and Youth Justice are to be commended for proactively developing and implementing these COVID Safe practices during this challenging and unprecedented time. Since the outbreak of the COVID‑19 health emergency, there have been no recorded COVID-19 cases in Youth Justice. Corrective Services received its first and only COVID-19 positive inmate on 26 July 2020, after his arrival in New South Wales from Victoria. At all times the inmate was treated as a suspected case and isolated appropriately. On testing positive for COVID‑19, the inmate was transferred to a special isolation hub. The inmate was transferred out of the isolation hub on 21 August 2020 after a negative test result and clearance from Justice Health.

There was no spread of infection, and there have been no other confirmed cases amongst inmates since. This is quite remarkable and is a testament to the swift and proactive COVID Safe measures adopted by Youth Justice and Corrective Services to protect the health of inmates and detainees and maintain the security of correctional facilities in New South Wales during the COVID-19 health emergency. I am pleased to support the amendments in the bill, which ensure the right balance between protecting the health of inmates and detainees and safeguarding the continued good order and security of correctional facilities.

Mr JAMES GRIFFIN (Manly) (13:08:33):

I am pleased to support the COVID-19 Legislation Amendment (Stronger Communities and Health) Bill 2021. Of course, it was almost a year ago that this Government first introduced the COVID-19 emergency bill to this Parliament, and it was a great honour and privilege to be here on that particular day and participate in the debate. Indeed, it was a challenging time not only here in New South Wales but also around the world. As a result, we needed to move quickly, be innovative and agile, and put in place the best measures that we possibly could as a government to ensure that we kept our citizens safe and, equally, that businesses could continue to operate and manage when and where they needed throughout the pandemic. The extent of the particular amendments to legislation and regulations has been quite significant, and many of them will need to be repealed. However, some of those changes have been a blessing for organisations by allowing them to be more agile in providing their services to people across the State, demonstrating that a lot of regulations were a hindrance to businesses.

Of course, there was no textbook or playbook for governments around Australia and the world on managing the pandemic, but we have done a fantastic job in New South Wales. I take this opportunity to acknowledge the hard work of our State's Chief Health Officer, Dr Kerry Chant, who recently won the NSW Premier's Woman of the Year award, and the health Minister, who has done an outstanding job. I also acknowledge the excellent work of other senior health management, including the Secretary of NSW Health, Elizabeth Koff, and Deputy Secretary Susan Pearce. Behind them—or in front of them, I should say—our frontline health staff have worked so hard. They include nurses, doctors, allied health staff, pathology staff, cleaners, security personnel, contact tracers and administrative staff.

I can speak specifically to the challenges that we experienced on the northern beaches over the Christmas and new year period. The sudden nature of the outbreak meant that a lot of businesses had purchased perishable goods and stock in anticipation of what they thought would be a strong trade weekend, which would have provided them with revenue off the back of what had been a difficult year. Of course, last summer we missed out on much of the trade that we would usually see in Manly because of the bushfires and the poor experience of people coming to the beaches. The legislation and the repeal of regulations allowed our local businesses on the northern beaches to get on with trading. In the hospitality industry, many restaurants and cafes pivoted to provide takeaway services—when ordinarily they would not have—maintaining their cash flow at a time when they needed it the most.

One of the more interesting regulations that was repealed was the ability for restaurants to provide alcohol as part of the takeaway service. For many of the local restaurants in Manly, that small change allowed them to monetise their wine and alcohol stock, which otherwise would have sat on the shelves for months because people could not go to restaurants. Small changes like allowing people to order takeaway alcohol with their food might ordinarily have been seen as a bold move, but the results have demonstrated that perhaps there is no need to bring that regulation back into place. The outbreak on the northern beaches over the Christmas and new year period demonstrated that we must remain vigilant. Despite our success in containing COVID‑19 over the past year and the challenges that we have overcome, we simply cannot relax and let down our guard. Until the vaccine is rolled out, COVID is something we must live and deal with. The public health risks will continue until broad community vaccination is achieved. That is why measures contained in this bill are so important and still necessary to help us manage the COVID‑19 pandemic.

The proposed reforms stretch from the Public Health Act to the Crimes Act to the Criminal Procedure Act, and they also propose the correction of minor drafting errors in the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 prior to its intended commencement by proclamation in late March 2021. There has been significant stakeholder management and engagement in understanding this bill.Many organisations have been consulted and the challenges discussed, including the heads of jurisdiction of the NSW Police Force, Legal Aid NSW, the Public Defenders Office, the Office of the Director of Public Prosecutions, the Office of the Children's Guardian, the New South Wales Bar Association, the Law Society of New South Wales and the Aboriginal Legal Service.The emergency provisions proposed for extension will cover a variety of different ministries and portfolios, including Health and Stronger Communities. The Stronger Communities cluster includes, for example, the Child Protection (Working with Children) Act 2012. Section 54 of the Act allows the period for a Working With Children Check clearance to be extended at the discretion of the Children's Guardian.

The ASSISTANT SPEAKER:

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