SOUTH AUSTRALIA]

No. 46

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  1  APRIL  2008

 

 

 

    1.

Council met pursuant to adjournment.  The President (The Hon. R. K. Sneath) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

    2.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 11.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the Second Session of the 51st Parliament, viz.:

                 No. 2 of 2008 - An Act to amend the Lake Eyre Basin (Intergovernmental Agreement) Act 2001.

                 No. 3 of 2008 - An Act to provide for the administration of hospitals and other health services; to establish the Health Performance Council and Health Advisory Councils; to establish systems to support the provision of high-quality health outcomes; to provide licensing systems for ambulance services and private hospitals; to make related amendments to other Acts; to repeal the Ambulance Services Act 1992, the Hospitals Act 1934 and the South Australian Health Commission Act 1976; and for other purposes.

                 No. 4 of 2008 - An Act to amend the Southern State Superannuation Act 1994 and the Superannuation Act 1988.

                 No. 5 of 2008 - An Act to amend the Building Work Contractors Act 1995 and the Plumbers, Gas Fitters and Electricians Act 1995.

                 No. 6 of 2008 - An Act to amend the Senior Secondary Assessment Board of South Australia Act 1983.

Government House, Adelaide, 1 April 2008.                                            KEVIN SCARCE, Governor.

 

Message from
Governor:
Assent to Bills.

    3.

The Minister for Police (The Hon. P. Holloway), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Legal Profession Bill.

                 Question put and passed.

 

Legal Profession Bill.

   4.

The Minister for Police, by leave, moved - That the Legislative Council expresses its deep regret at the death of The Hon. Clyde Cameron, former Federal Minister of the Crown and Member of the House of Representatives, and places on record its appreciation of his distinguished and meritorious public service and that, as a mark of respect to his memory, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. D. W. Ridgway, the Minister for Emergency Services (The Hon. C. Zollo), the Minister for Environment and Conservation (The Hon. G. E. Gago), the Hon. I. K. Hunter and the President:

                 Motion carried in silence, Members standing in their places.

 

Death of The Hon.
C. Cameron.

   5.

At eleven minutes to three o’clock the sitting was suspended until the ringing of the bells.

                 At six minutes past three o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

    6.

The Minister for Police tabled the Report of the Commission of Inquiry into Children in State Care - Allegations of Sexual Abuse and Death from Criminal Conduct.

                 Ordered - That the Report be published in accordance with Section 25 of the Defamation Act 2005.

 

Paper tabled.

    7.

The following Papers were laid upon the Table, viz.:

        By the Minister for Police -

                 Judges of the Supreme Court of South Australia - Report, 2007.

                 Award of Route Service Licence on Adelaide-Port Augusta Scheduled Airline Route Report.

                 Regulations under the following Acts -

                          Dust Diseases Act 2005 - Industrial or Commercial Processes.

                          Petroleum Products Regulation Act 1995 - General.

                 Dangerous Areas Declarations - Section 83B of the Summary Offences Act 1953.

                 Road Block Establishment Authorisations - Section 74B of the Summary Offences Act 1953.

                 Social Development Committee’s Inquiry into Gestational Surrogacy - Response document by the Attorney-General and the Minister for Health.

                 Terrorism (Police Powers) Act 2005 - Minute from Commissioner of Police.

        By the Minister for Emergency Services -

                 Regulations under the following Act -

                          Primary Produce (Food Safety Schemes) Act 2004 - Citrus Industry.

        By the Minister for Environment and Conservation -

                 Reports, 2006-2007 -

                          Children, Youth and Women’s Health Service.

                          Country Health SA.

                          The State of Public and Environmental Health for South Australia.

                 Regulations under the following Act -

                          Liquor Licensing Act 1997 - Normanville.

                 Rules under Acts -

                          Local Government Act 1999 - Binding Death Benefit Nominations.

                 Natural Resources Committee Deep Creek Report - Government Response.

 

Papers.

    8.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Completion of the Report of the Commission of Inquiry into Children in State Care.

 

Ministerial
Statement Tabled.

    9.

The Minister for Environment and Conservation, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning the SA Metropolitan Hospital Efficiency and Performance Review.

 

Ministerial
Statement Tabled.

  10.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

  11.

On the Order of the Day being read for the adjourned debate on the question - That the Environment Protection (Board of Authority) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

 

Environment
Protection  (Board
of Authority)
Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 9 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Minister for Environment and Conservation, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

12.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Criminal Law Consolidation (Rape and Sexual Offences) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clause No. 7 amended and agreed to.

                          Clause No. 8 amended and agreed to.

                          Clauses No. 9 to No. 16 agreed to.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments; whereupon the Council adopted such report.

                 The Minister for Police, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Criminal Law
Consolidation
(Rape and Sexual
Offences)
Amendment Bill.

13.

Ordered - That Orders of the Day (Government Business) No. 4 and No. 5 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

14.

Ordered - That Order of the Day (Government Business) No. 6 be postponed and taken into consideration after Order of the Day No. 7.

 

Postponement
of Business.

 

15.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Public Order Offences) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Public Order
Offences) Bill.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Drug Detection Powers) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.

 

Controlled
Substances (Drug
Detection Powers)
Amendment Bill.

 

17.

Ordered - That Order of the Day (Government Business) No. 8 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

18.

On the Order of the Day being read for the adjourned debate on the question - That the Firearms (Firearms Prohibition Orders) Amendment Bill be now read a second time:

                 Debate resumed.

                 And the Hon. D. W. Ridgway having obtained leave to conclude his remarks, the debate was adjourned until the next day of sitting.

 

Firearms (Firearms
Prohibition Orders)
Amendment Bill.

19.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Police Superannuation) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Police
Superannuation)
Bill.

20.

Ordered - That Orders of the Day (Government Business) No. 11 and No. 12 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

21.

Council adjourned at ten minutes past six o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

 

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

 

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo