SOUTH AUSTRALIA]

No. 2

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY† 1† MAY† 2007

 

 

 

†† 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. 2.

†††††††††††††††† The Governor informs the Legislative Council that the Governor-General of the Commonwealth of Australia, in accordance with Section 21 of the Commonwealth Constitution, has notified her that, in consequence of the resignation on the twenty-sixth day of April 2007, of Senator the Honourable Amanda Vanstone, a vacancy has happened in the representation of this State in the Senate.† The Governorís Deputy is advised that, by such vacancy having happened, the place of a Senator has become vacant before the expiration of her term within the meaning of Section 15 of the Constitution, and that such place must be filled by the Houses of Parliament, sitting and voting together, choosing a person to hold it in accordance with the provisions of the said section.

Government House, Adelaide.†††††††††††††††††††††††††††††††††††††††††††††††† BRUNO KRUMINS, Governorís Deputy.

1 May 2007.

Message from
Governorís Deputy.

 

 

†††††††††††††††† The President informed the Council that he had conferred with the Hon. the Speaker of the House of Assembly and arranged to call a Joint Meeting of the two Houses for the purpose of complying with section 15 of the Commonwealth of Australia Constitution Act on Thursday, 31 May 2007, at 10.00 a.m.

 

Presidentís
Statement.

 

†† 3.

Answer to Question on Notice No. 173 from the last Session, received this day, was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answer to
Question on Notice.

 

 

††† 4.

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

††††††† By the Minister for Police (The Hon. P. Holloway) -

†††††††††††††††† Regulations under the following Acts -

††††††††††††††††††††††††† Civil Liability Act 1936 - Revocation.

††††††††††††††††††††††††† Legal Practitioners Act 1981 - Fees.

††††††††††††††††††††††††† Motor Vehicles Act 1959 -

†††††††††††††††††††††††††††††††††† Accident Towing Roster.

†††††††††††††††††††††††††††††††††† Road Transport Compliance.

††††††††††††††††††††††††† Road Traffic Act 1961 -

†††††††††††††††††††††††††††††††††† Driving Hours.

†††††††††††††††††††††††††††††††††† Mass and Loading Requirements.

†††††††††††††††††††††††††††††††††† Oversize Vehicle Exemptions.

†††††††††††††††††††††††††††††††††† Road Rules.

†††††††††††††††††††††††††††††††††† Road Transport Compliance.

†††††††††††††††††††††††††††††††††† Vehicle Standards.

††††††††††††††††††††††††† Superannuation Funds Management Corporation of South Australia Act 1995 - Prescribed Public Authorities.

††††††††††††††††††††††††† Various - Domestic Partners.

†††††††††††††††† Rules of Court -

††††††††††††††††††††††††† Supreme Court - Supreme Court Act 1935 - Search Orders.

††††††† By the Minister for Emergency Services (The Hon. C. Zollo) -

†††††††††††††††† BioInnovation SA - Report, 2005-2006.

†††††††††††††††† Regulation under the following Act -

††††††††††††††††††††††††† Aboriginal Lands Trust Act 1966 - Umoona Community.

††††††† By the Minister for Environment and Conservation (The Hon. G. E. Gago) -

†††††††††††††††† Regulations under the following Acts -

††††††††††††††††††††††††† Liquor Licensing Act 1997 - Dry Zones -

†††††††††††††††††††††††††††††††††† Gawler.

†††††††††††††††††††††††††††††††††† Maitland.

††††††††††††††††††††††††† Natural Resources Management Act 2004 - Prescribed Transfer.

 

Papers.

 

†† 5.

The Hon. D. W. Ridgway, having stated in writing that he wished to debate a matter of urgent public importance, viz.:-

†††††††††††††††† That the Legislative Council expresses its concern that after five years of the Rann Labor Government South Australiaís living standards, service levels, infrastructure and economic position relative to other States has declined, and signals its alarm that during the same period, State taxes have been lifted to historic levels and with little to show for it.† The Council urges the Government to deliver on the promises it has broken, and to indicate to South Australians whether it is to be fair, honest and accountable or whether it is to be unworthy:

†††††††††††††††† And more than the required number of Members having risen in their places in proof of urgency:

†††††††††††††††† The Hon. D. W. Ridgway moved - That the Council, at its rising, do adjourn until Friday, 4 May 2007, at 1.30 p.m.

†††††††††††††††† Debate ensued.

†††††††††††††††† Motion, by leave, withdrawn.

 

Debate on
Matter of Urgency -
Performance of
Government.

 

†† 6.

The Minister for Police, pursuant to notice, moved -

††††††† That, during the present Session, the Council make available to any person who believes that he or she has been adversely referred to during proceedings of the Legislative Council the following procedure for seeking to have a response incorporated in to Hansard -

†††††††††††††† I.††††† Any person who has been referred to in the Legislative Council by name, or in another way so as to be readily identified, may make a submission in writing to the President -

(a)†††† claiming that he or she has been adversely affected in reputation or in respect of dealings or associations with others, or injured in profession, occupation or trade or in the holding of an office, or in respect of any financial credit or other status or that his or her privacy has been unreasonably invaded; and

(b)††† requesting that his or her response be incorporated in to Hansard.

†††††††††††† II.††††† The President shall consider the submission as soon as practicable.

††††††††††† III.††††† The President shall reject any submission that is not made within a reasonable time.

††††††††††† IV.††††† If the President has not rejected the submission under clause III, the President shall give notice of the submission to the Member who referred in the Council to the person who has made the submission.

†††††††††††† V.††††† In considering the submission, the President -

(a)†††† may confer with the person who made the submission;

(b)††† may confer with any Member;

(c)†††† must confer with the Member who referred in the Council to the person who has made the submission and provide to that Member a copy of any proposed reponse at least one clear sitting day prior to the publication of the response;

†††††††††††††††††††††† but

(d)††† may not take any evidence;

(e)†††† may not judge the truth of any statement made in the Council or the submission.

††††††††††† VI.††††† If the President is of the opinion that -

(a)†††† the submission is trivial, frivolous, vexatious or offensive in character; or

(b)††† the submission is not made in good faith; or

(c)†††† the submission has not been made within a reasonable time; or

(d)††† the submission misrepresents the statements made by the Member; or

(e)†††† there is some other good reason not to grant the request to incorporate a response in to Hansard.

†††††††††††††††††††††† the President shall refuse the request and inform the person who made it of the Presidentís decision.

†††††††††† VII.††††† The President shall not be obliged to inform the Council or any person of the reasons for any decision made pursuant to this resolution.† The Presidentís decision shall be final and no debate, reflection or vote shall be permitted in relation to the Presidentís decision.

†††††††† VIII.††††† Unless the President refuses the request on one or more of the grounds set out in paragraph V of this resolution, the President shall report to the Council that in the Presidentís opinion the response in terms agreed between him and the person making the request should be incorporated in to Hansard and the response shall thereupon be incorporated in to Hansard.

††††††††††† IX.††††† A response -

(a)†††† must be succinct and strictly relevant to the question in issue;

(b)††† must not contain anything offensive in character;

(c)†††† must not contain any matter the publication of which would have the effect of -

††††† (i)†† unreasonably adversely affecting or injuring a person, or unreasonably invading a personís privacy in the manner referred to in paragraph I of this resolution, or

†††† (ii)†† unreasonably aggravating any adverse effect, injury or invasion of privacy suffered by any person, or

††† (iii)†† unreasonably aggravating any situation or circumstance,

†††††††† and

(d)††† must not contain any matter the publication of which might prejudice -

††††† (i)†† the investigation of any alleged criminal offence,

†††† (ii)†† the fair trial of any current or pending criminal proceedings, or

††† (iii)†† any civil proceedings in any court or tribunal.

†††††††††††† X.††††† In this resolution -

(a)†††† ďpersonĒ includes a corporation of any type and an unincorporated association;

(b)††† ďMemberĒ includes a former Member of the Legislative Council.

Debate ensued.

Question - put and passed.

 

Citizenís Right
of Reply -
Motion re.

 

† 7.

The Minister for Police, pursuant to notice, moved - That the Statutes Amendment (Affordable Housing) Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

†††††††††††††††† Question put and passed.

†††††††††††††††† Ordered - That consideration of the Bill be an Order of the Day for next day of sitting.

 

Statutes
Amendment
(Affordable
Housing) Bill.

 

† 8.

The Minister for Police, pursuant to notice, moved - That the Criminal Law (Sentencing) (Dangerous Offenders) Amendment Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

†††††††††††††††† Question put and passed.

†††††††††††††††† Ordered - That consideration of the Bill be an Order of the Day for next day of sitting.

 

Criminal Law
(Sentencing)
(Dangerous
Offenders)
Amendment Bill.

 

† 9.

The Minister for Police, pursuant to notice, moved - That the Supply Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

†††††††††††††††† Question put and passed.

†††††††††††††††† Ordered - That consideration of the Bill be an Order of the Day for next day of sitting.

 

Supply Bill.

 

10.

Ordered - That Notices of Motion (Government Business) No. 5 and No. 6 be postponed and taken into consideration after Notice of Motion (Government Business) No. 9.

 

Postponement
of Business.

 

11.

The Minister for Environment and Conservation, pursuant to notice, moved - That the Statutes Amendment (Real Estate Industry Reform) Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

†††††††††††††††† Question put and passed.

†††††††††††††††† Ordered - That consideration of the Bill be an Order of the Day for next day of sitting.

 

Statutes Amendment
(Real Estate Industry
Reform) Bill.

 

12.

The Minister for Environment and Conservation, pursuant to notice, moved - That the Psychological Practice Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

†††††††††††††††† Question put and passed.

†††††††††††††††† Ordered - That consideration of the Bill be an Order of the Day for next day of sitting.

 

Psychological
Practice Bill.

 

13.

The Minister for Environment and Conservation, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Environment Protection Act 1993.

†††††††††††††††† Question put and passed.

†††††††††††††††† Bill introduced and read a first time.

†††††††††††††††† The Minister for Environment and Conservation then moved - That this Bill be now read a second time.

†††††††††††††††† On motion of the Hon. R. P. Wortley, the debate was adjourned until next day of sitting.

 

Environment
Protection (Site
Contamination)
Amendment Bill.

 

14.

The Minister for Police, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to make provision for the security of public buildings, places and officials and for the appointment, management and responsibilities of protective security officers; to make related amendments to various other Acts and for other purposes.

†††††††††††††††† Question put and passed.

†††††††††††††††† Bill introduced and read a first time.

†††††††††††††††† The Minister for Police then moved - That this Bill be now read a second time.

†††††††††††††††† On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Protective
Security Bill.

 

15.

The Minister for Police, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Development Act 1993.

†††††††††††††††† Question put and passed.

†††††††††††††††† Bill introduced and read a first time.

†††††††††††††††† The Minister for Police then moved - That this Bill be now read a second time.

†††††††††††††††† On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Development† Bill.

 

16.

The Minister for Police, according to order, from the Committee appointed to prepare a Draft Address-in-Reply to the Opening Speech of His Excellency the Governorís Deputy, brought up the Draft Address, which was read by the Clerk as follows:

Address-in-Reply.

 

 

 

†††††††††††††††† To Her Excellency Marjorie Jackson-Nelson, Companion of the Order of Australia, Commander of the Royal Victorian Order and Member of the Order of the British Empire, Governor in and over the State of South Australia in the Commonwealth of Australia:

††††††† MAY IT PLEASE YOUR EXCELLENCY -

†††††††††††††††† 1.††††† Through Your Excellency, we, the Members of the Legislative Council, thank His Excellency, the Governorís Deputy for the Speech with which he has been pleased to open Parliament.

†††††††††††††††† 2.††††† We assure Your Excellency that we will give our best attention to all matters placed before us.

†††††††††††††††† 3.††††† We earnestly join in Your Excellencyís prayer for the Divine blessing on the proceedings of the Session.

†††††††††††††††† The Hon. R. P. Wortley moved - That the Address-in-Reply, as read, be adopted.

†††††††††††††††† The Hon. I. K. Hunter having seconded the motion:

†††††††††††††††† Debate ensued.

†††††††††††††††† On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.

 

 

 

17.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Public Trustee.

 

Ministerial
Statement Tabled.

 

18.

Council adjourned at twenty twenty-three minutes past four oíclock until tomorrow at fifteen minutes past two oíclock.

_________________________

 

Adjournment.

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. A. M. Bressington

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. N. Xenophon

The Hon. C. Zollo