SOUTH AUSTRALIA]

No. 57

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  1  JUNE  2005

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) 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. 10.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Act was assented to during the present Session, viz.:

                 No. 16 of 2005 - An Act to amend the Railways (Operations and Access) Act 1997.

Government House, Adelaide, 1 June 2005.                    MARJORIE JACKSON-NELSON, Governor.

 

Message from
Governor:
Assent to Bills.

 

   3.

The Hon. J. M. Gazzola brought up the Twenty-First Report, 2004-2005 of the Legislative Review Committee.

Legislative
Review
Committee -
Twenty-First Report,
2004-2005.

 

 

   4.

The Hon. J. M. Gazzola brought up the Twenty-Second Report, 2004-2005 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The By-law and Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
By-law and Regulations, the Committee may decide to take no further action.

                 By-law referred to -

                          Local Government Act - Kangaroo Island Council - By-law No. 5 - Dogs.

                 Regulations referred to -

WorkCover Corporation Act 1994 - Regulations - Claims Management.

 

Legislative
Review
Committee -
Twenty-Second Report,
2004-2005.

 

 

   5.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Attorney-General concerning the Director of Public Prosecutions, together with Attachments.

 

Ministerial
Statement Tabled.

 

   6.

The Minister for Industry and Trade tabled a copy of a further Ministerial Statement made by the Attorney-General concerning the Director of Public Prosecutions.

 

Ministerial
Statement Tabled.

 

   7.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

 

   8.

Ordered - That Notices of Motion (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 29 June 2005.

 

Postponement
of Business.

 

   9.

The Hon. S. M. Kanck, pursuant to notice, moved - That the Natural Resources Committee inquire into the condition of Deep Creek and its tributaries, with particular reference to:

      I.      The impact of forestry activities on stream-flow within the catchment area;

     II.      The impact of dams and water use;

    III.      The impact of rainfall levels and the associated catchment response;

    IV.      The currently observed impacts on, and potential threat to, the biodiversity of the Creek and environs, including the Deep Creek Conservation Park;

     V.      The potential threat to eco-tourism as a consequence of the drying of Deep Creek and its associated economic impacts;

    VI.      The potential for repair of the damage via the National Water Initiative, the prescription of the water resources of the Western Mount Lofty Ranges and the Natural Resources Management Act and Regulations; and

  VII.      Any other related matter.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday, 29 June 2005.

 

Natural Resources
Committee to inquire
into Condition of
Deep Creek -
Motion re.

 

10.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Lottery and Gaming Act 1936 and the State Lotteries Act 1966.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 29 June 2005.

 

Statutes Amendment
(Prohibition on
Minors Participating
in Lotteries) Bill.

 

11.

The Hon. K. J. Reynolds, pursuant to notice, moved - That the Government report, by 15 September 2005, on progress achieved with implementing Recommendation 1 of the Parliamentary Social Development Committee’s Poverty Inquiry, tabled on 13 May 2003.

                 And the Hon. K. J. Reynolds having obtained leave to conclude her remarks, the debate was adjourned and ordered to be resumed on motion.

 

Government
to Report on
Implementation of
Recommendation 1
of the Social
Development
Committee’s
Poverty Inquiry -
Motion re.

 

 

  12.

Ordered - That Order of the Day (Private Business) No. 1 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

13.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J. F. Stefani - That this Council notes with concern the recent appointments made by the State Government to the Executive Committee of the State Labor Cabinet and to other positions:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday, 29 June 2005.

 

Appointments to
Executive Committee
of State Labor
Cabinet -
Motion re.

 

14.

Ordered - separately - That Orders of the Day (Private Business) No. 3 to No. 37 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

  15.

Ordered - That Order of the Day (Private Business) No. 38 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. J. Redford - That this Legislative Council notes with concern the performance of the Minister for Correctional Services and the Department for Correctional Services and, in particular, a series of disturbing matters that have arisen since September 2002:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 29 June 2005.

 

Performance of
Minister and
Department for
Correctional
Services -
Motion re.

 

  17.

At two minutes to six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

18.

The Minister for Industry and Trade, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend various Acts to make provision for same sex couples to be treated on an equal basis with opposite sex couples; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Industry and Trade then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Relationships) Bill.

 

  19.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

  20.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 11, be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

 

21.

On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (Double Demerit Points) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                                   Clause No. 1 read.

Motor Vehicles
(Double Demerit
Points)
Amendment Bill.

 

 

 

                          The Minister for Industry and Trade, by leave, tabled a copy of a letter to the Minister for Transport (The Hon. P. F. Conlon, M.P.) from Sir Eric Neal, A.C., C.V.O., Chair, Road Safety Advisory Council, dated 27 May 2005.

                          The Hon. C. V. Schaefer moved - That the Chairperson report progress and seek leave for the Committee to sit again.

                          Question - That the motion be agreed to - put.

Document Tabled.

 

 

             Committee divided:

Ayes, 14

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. V. Schaefer (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

 

 

22.

On the Order of the Day being read for the adjourned debate on the question - That the Chiropractic and Osteopathy Practice Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

Chiropractic and
Osteopathy
Practice Bill.

 

 

In the Committee

 

                                   Clauses No. 1 to No. 24 agreed to.

                                   Clause No. 25 read.

                          To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

 

 

23.

On the Order of the Day being read for the adjourned debate on the question - That the Supply 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.

 

Supply Bill.

 

  24.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 11 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

25.

On the Order of the Day being read for the consideration of Message No. 75 from the House of Assembly relating to the Estimates Committees of the House of Assembly:

                 Ordered - That the Message be taken into consideration forthwith.

                 Resolved - on motion of the Minister for Emergency Services - That the Minister for Industry and Trade, the Minister for Aboriginal Affairs and Reconciliation and the Minister for Emergency Services have leave to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill, if they think fit.

 

Estimates
Committees of the House of Assembly -
Legislative Council
Ministers leave
to attend.

 

 

26.

Ordered - That the adjourned debate on the motion of the Hon. K. J. Reynolds - That the Government report, by 15 September 2005, on progress achieved with implementing Recommendation 1 of the Parliamentary Social Development Committee’s Poverty Inquiry, tabled on 13 May 2003 - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 29 June 2005.

 

Government
to Report on
Implementation of
Recommendation 1
of the Social
Development
Committee’s
Poverty Inquiry -
Motion re.

 

 

27.

Ordered - That the adjourned debate on the motion of the Hon. K. J. Reynolds - That the Social Development Committee investigate and report upon the opportunities for people with disabilities as defined under the Disability Discrimination Act 1992 (Cth) and their carers, to take part in all aspects of social, economic, political and cultural life, with particular regard to:

      I.      The adequacy and suitability of existing accommodation opportunities for people with a disability, including the adequacy of plans to meet targets identified in the SA Strategic Plan for moving people from institutional care into community style accommodation;

     II.      Access to appropriate and affordable equipment services, accessible transport, recreation, education, advocacy, rehabilitation and employment services for people with a disability;

    III.      The adequacy of support services for carers;

    IV.      The adequacy of services for people living outside metropolitan Adelaide;

     V.      The progress being made by SA Government agencies in the development and implementation of Disability Action Plans;

    VI.      The level of protection provided under the Equal Opportunity Act 1984 (SA); and

  VII.      Any other relevant matter - be now resumed.

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 29 June 2005.

 

Services and Support
for People with
Disabilities -
Social Development
Committee to
Inquire into -
Motion re.

 

 

28.

Ordered - That the adjourned debate on the motion of the Hon. J. M. Gazzola - That the Report of the Legislative Review Committee on Suppression Orders be noted - be now resumed.

                 Debate resumed.

                 And the Hon. A. J. Redford having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 29 June 2005.

 

Legislative Review
Committee -
Report on
Suppression Orders
to be noted -
Motion re.

 

29.

The Minister for Industry and Trade moved - That Order of the Day (Government Business) No. 12 be taken into consideration forthwith.

                 Question put.

Motor Vehicles
(Double Demerit
Points)
Amendment Bill.

 

 

             Council divided:

Ayes, 5

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. V. Schaefer (Teller)

 

 

 

                 The Hon. R. I. Lucas moved - That the Order of the Day be an Order of the Day for next day of sitting.

                 Question put and passed.

 

 

 

30.

Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.

 

Next Day
of Sitting.

 

31.

The following Message from the House of Assembly was received and read -

Message No. 76

                 MR. PRESIDENT - The House of Assembly informs the Legislative Council that it has appointed Ms. White to the Social Development Committee in place of Mr. Snelling.

House of Assembly, 1 June 2005.                                                                              R. B. SUCH, Speaker.

 

Message from
House of Assembly:
Social Development
Committee -
Replacement of
Member.

 

 

 

32.

Council adjourned at twenty-five minutes to ten o’clock until tomorrow at eleven o’clock a.m.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

 

The Hon. S. M. Kanck

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

 

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. Zollo

 

 

Member absent on leave - The Hon. T. G. Roberts