NSW New Biosecurity Commissioner Can Demand Info From Government Agencies

Biosecurity Amendment (Independent Biosecurity Commissioner) Bill 2023

6 Feb 2024: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Council

Legislative Assembly

Assent

Share this bill

Email Facebook X Bluesky

Topics

biosecurity data privacy environmental protection government accountability government oversight invasive species pest and weed management pests and weeds privacy

Introduced by: The Hon Tara Moriarty MLC (ALP); The Hon Steve Whan MP (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

The Independent Biosecurity Commissioner is established as an officer of the Crown to give advice, conduct reviews, and make recommendations about pests and weeds.
The Commissioner can demand specific documents and information, including personal information, from heads of public service agencies and CEOs of state-owned corporations.
Heads of public service agencies and CEOs of state-owned corporations must provide the requested documents and information within a reasonable time, unless they have a reasonable excuse.
The Commissioner is now a public sector agency and must follow privacy laws, specifically the Privacy and Personal Information Protection Act 1998, for the personal information collected.
The Agriculture Minister or Government must respond to the Commissioner's recommendations within 6 months of receiving them or after a report is published online.
The Agriculture Minister can only remove the Commissioner from office for incompetence, incapacity or misbehaviour.
The Commissioner is protected from legal liability when carrying out their official duties.

The Debate

What different members said when this bill was debated:

Dugald Saunders NAT

“While Opposition members do not oppose the Biosecurity Amendment (Independent Biosecurity Commissioner) Bill 2023, we do not see the need for a biosecurity commission or commissioner. I outline the reasons for that.”

Official source →

Janelle Saffin ALP

“I speak in support of the Biosecurity Amendment (Independent Biosecurity Commissioner) Bill 2023. The Government took three biosecurity commitments to the election in 2023. The first was to strengthen and secure the resilience of the agriculture industry by having a legislated Biosecurity Commissioner.”

Official source →

Steve Whan ALP

“I particularly thank the member for Lismore, who is currently dealing with red imported fire ants in her community. She has been on the ground looking at the responses and talking to people directly, as she does so often in her community.”

Official source →

News articles and press releases

Second Reading Speech, Biosecurity Amendment (Independent Biosecurity Commissioner) Bill 2023

The Hon. TARA MORIARTY, Minister for Agriculture — 2023-10-19

The Biosecurity Amendment (Independent Biosecurity Commissioner) Bill 2023 will establish the Independent Biosecurity Commissioner to provide oversight, clarify responsibilities and strengthen accountability in our biosecurity framework and improve the management of invasive species in New South Wales. The impact of invasive species on New South Wales' economy, environment and community is profound. Each year weeds cost our agriculture sector around $1.8 billion, and pest animals cost over $170 million.