By Paul Gregoire and Ugur Nedim
The 2025/26 summer holidays were completely different to any other in recent memory, as they commenced with the horror of the 14 December Bondi Beach massacre, and in the wake of this act of terrorism, both the federal and NSW parliaments reconvened to pass a swag of laws that have significantly encroached upon constituents’ rights to protest and to political communication.
The NSW parliament reconvened right before Christmas to pass an omnibus bill that restricted gun laws but also gave the authorities the ability to shutdown protest in the wake of a terrorism act, while federal parliament sat in mid-January to pass a framework to prohibit hate groups, which is so broad in reach that no one is too certain whom these laws might capture.
Another anomaly over this rights-stripping summer was that for the last fortnight or so, everywhere one went or whichever social media platform they opened, it appeared that people were speaking out about the hate crimes laws and what they mean for free speech. And those speaking weren’t just politicians, these individuals came from all walks of life.
For many of these constituents speaking out vehemently about the laws, it was the first time they’d done so, and therefore, it’s likely that when the discussion of these matters turned to the passage of bills, it was uncommon territory.
So, in light of this, Sydney Criminal Lawyers has produced this brief rundown on how laws are made in New South Wales parliament.
Getting to point of introduction
Firstly, when passing laws, a decision has to be made on what to pass. Such decisions can come about in many ways. Laws are often recommended by inquiries. The Bondi massacre sparked state and federal lawmaking. And a favoured way of NSW ministers to spruik a new law is to discuss a matter on-air with a 2GB Radio host and have them suggest the reform that ends up being passed.
Once a need for a law is identified, then it must be drafted and lawmakers use a structured legislative framework to set out laws. Proposed laws are drafted in this structured manner and compiled together in a document known as a bill. The purpose of bills can be to create a new law or reform an old one. To become law, draft proposals must be passed through both houses of NSW parliament.
NSW parliament is a bicameral legislature, or two elected assemblies, that each sit in one of two houses: the Legislative Assembly, or the lower house and the Legislative Council, which is the upper house. The minister who looks after the portfolio that the new law relates to usually introduces a bill into parliament. A bill can be introduced into either house.
Most bills that pass through parliament are produced by the government. There are also private members bills, which can be introduced by any other member of parliament who is not a minister.
The passage of a bill
If a minister or private member is planning on introducing a bill into parliament, they must first raise a ‘notice of motion’, which is a formal document announcing their intention to introduce a bill. At that point, depending on which house the motion was passed in, it then gets published in the Legislative Assembly Business Paper or the Legislative Council Notice Paper.
The speaker will then call on the minister or member to introduce the bill, as an item of business. The minister or member then moves a motion to bring on the bill, which comprises of them reading out the long title of the bill, and the chamber then votes on whether to allow the bill to be introduced. This is known as the first reading of the bill and there is no debate at this stage.
In the Legislative Assembly, the minister or the member then gives a speech outlining in broad terms what the bills does, which is known as the second reading speech. Debate on the bill is usually then adjourned for five days, which provides members of parliament with time to consider the draft laws.
The first reading process differs in the Legislative Council, in that the clerk reads the short title of the bill, after a minister or member has introduced it, and that is the first reading of the bill. The specific minister or member then gives the second reading speech.
After a pause allowing for review, the second reading debate takes place, which permits various members to speak to the principles of the bill. After that debate, members vote on whether the bill has been read a second time, which means that based on its principles the bill should proceed to the next stage. If the bill is not found to have been read a second time, then it is defeated or voted down.
The next stage in the lower house is called ‘consideration in detail’, while in the upper house it is known as ‘committee of the whole’. This is when members consider the legislation in detail, or clause by clause, and then raise any proposed amendments, which are progressed if the majority of the chamber agrees to the change in the draft.
Following amending of the bill comes the final stage, or the third reading of the bill, which is a formality. If the bill is agreed to in the majority, it is then considered to have passed all stages of the house, and it is then sent to the other house with a message, asking for the second house to consider it, and the bill then passes the same stages before being returned to its house of origin.
When the bill is returned to house of origin, it either arrives agreed to, or if amendments have been made by the second house, then these must be considered in detail by the house of origin and voted on whether to maintain. If at this stage, the bill is agreed on by both houses, then it is sent to the NSW governor for assent.
However, if there’s still disagreement, the two houses then pass notes to one another until a resolution has been come to. If no agreement is reached, then a conference can be held on the matter, and if this still fails to resolve the debate, then the matter can be put to the NSW constituency for a referendum.
But if the bill is passed by both houses, the NSW governor then gives assent to it, which serves to turn the piece of legislation into an Act of Parliament, which means it is an official and active law. An Act usually commences, or the law takes effect, after 28 days of being passed, unless it becomes active on day of assent or on a specific date determined by the government.
Constituent participation
As NSW is a representative democracy, and constituents vote on members of parliament every four years, the upper and lower house members voting on new laws and reforms have all been actively appointed to parliament by the majority, and it is this nomination of members into parliament by constituents, which means all NSW citizens and residents contribute to lawmaking.
However, in the case of the passing of the federal hate group laws, even though the politicians producing them are representative of the majority in their electorates, these measures now established didn’t appear to reflect the want of the majority.
