SOUTH AUSTRALIA]

No. 90

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  1  DECEMBER  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.

The Minister for Industry and Trade (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Suspension
of Standing
Orders.

 

   3.

The Minister for Industry and Trade, by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Children’s Protection (Miscellaneous) Amendment Bill.

                 Question put and passed.

 

Children’s
Protection
(Miscellaneous)
Amendment Bill.

 

   4.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 6, Notices of Motion (Private Business) No. 1 to No. 3 and Orders of the Day (Private Business) No. 1 to No. 19 be postponed and taken into consideration after Order of the Day (Private Business) No. 20.

 

Postponement
 of Business.

 

   5.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of Message No. 145 from the House of Assembly relating to the Dust Diseases Bill.

 

In the Committee

 

                          Resolved - That Amendments No. 1 to No. 15 agreed to.

Dust Diseases Bill.

 

 

 

 

                 The Hon. A. J. Redford, by leave, tabled a copy of a letter from Chris Newland, Consultant in South Australia, Insurance Council of South Australia, to the Attorney-General (The Hon. M. J. Atkinson, M.P.), dated 17 November 2005.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Document Tabled.

 

    6.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

    7.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

 

   8.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Transplantation and Anatomy (Post-Mortem Examinations) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 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 motion.

 

Transplantation
and Anatomy
(Post-Mortem
Examinations)
Amendment Bill.

 

   9.

At five minutes past one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

  10.

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

Message No. 17.

                 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 present Session, viz.:

                 No. 59 of 2005 - An Act to amend the Corporations (Commonwealth Powers) Act 2001.

                 No. 60 of 2005 - An Act to amend the Local Government Act 1999 and to make related amendments to the City of Adelaide Act 1998 and the Rates and Land Tax Remission Act 1986.

                 No. 61 of 2005 - An Act to amend the Mining Act 1971.

                 No. 62 of 2005 - An Act to amend the Criminal Law Consolidation Act 1935, the Criminal Law (Sentencing) Act 1988, the Juries Act 1927, the Summary Offences Act 1953 and the Summary Procedure Act 1921; and to repeal the Kidnapping Act 1960.

                 No. 63 of 2005 - An Act to amend the Criminal Law Consolidation Act 1935.

                 No. 64 of 2005 - An Act to provide for the construction and operation of a tramline in Victoria Square; to provide for the designation of certain land within Victoria Square as park land; to make a related amendment to the Passenger Transport Act 1994; and for other purposes.

                 No. 65 of 2005 - An Act to provide for the construction of an underpass to replace the Bakewell Bridge at Mile End; to repeal the Mile End Overway Bridge Act 1925; and for other purposes.

                 No. 66 of 2005 - An Act to protect the owner of the Cape Jaffa lighthouse platform from civil liability.

Government House, Adelaide.                                    MARJORIE JACKSON-NELSON, Governor.

1 December 2005.

 

Message from
Governor:
Assent to Bills.

 

  11.

Answers to Questions on Notice Nos. 133 and 287 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

  12.

The President made the following :

                 I have to advise that I have received a letter from Councillor Tolley Wasylenko requesting a Right of Reply in accordance with the Sessional Standing Order passed by this Council on 15 September 2004.

                 In his letter of 30 November 2005, Councillor Wasylenko considers that the Hon. D. W. Ridgway has made “inaccurate comments” about him in this Council on 29 November 2005.

                 This matter has already resulted in an earlier Right of Reply being allowed, and therefore I believe that the request complies with the requirements of the Sessional Standing Order.  Consequently, I grant this request and direct that Councillor Wasylenko’s reply be incorporated in Hansard.

 

President’s
Statement.

 

  13.

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

          By the President -

                 Reports, 2004-2005 -

                          Corporation -

                                   Marion

                          District Councils -

                                   Coorong District Council.

                                   Goyder.

                                   Le Hunte District Council.

                                   Lower Eyre Peninsula District Council.

                                   Yankalilla District Council.

                                   Whyalla.

        By the Minister for Industry and Trade (The Hon. P. Holloway) -

                 Reports, 2004-2005 -

                          Courts Administration Authority.

                          Department of Justice (Incorporating the Attorney-General’s Department).

                          Multicultural and Ethnic Affairs.

                          State Electoral Office.

                 Rules of Court -

                          Magistrates Court Rules 1992 - Police Disqualification.

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Reports, 2004-2005 -

                          Dog Fence Board.

                          Occupational Health, Safety and Welfare Advisory Committee.

                          Office of Consumer and Business Affairs.

                          River Murray Catchment Water Management Board.

                          South Australian Aboriginal Housing Authority.

                          South Australian Housing Trust.

                          South Australian Soil Conservation Boards.

                 Eyre Peninsula Water Supply Upgrade - Response to the Public Works Committee Report by the Minister.

          By the Minister for Mental Health and Substance Abuse (The Hon. C. Zollo) -

                 Reports, 2004-2005 -

                          Children’s Services.

                          Children, Youth and Women’s Health Service.

                          Coober Pedy Hospital and Health Services Inc.

                          Institute of Medical and Veterinary Science.

                          Mid North Regional Health Service Inc.

                          South Australian Abortion Reporting Committee.

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

                 Emergency Services Administrative Unit - Report, 2004-2005.

 

Papers.

 

  14.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

 

  15.

The Council, according to order, resolved itself into a Committee of the Whole for the  consideration of Message No. 142 from the House of Assembly relating to the Development (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Resolved - That Amendments No. 1 to No. 6 be disagreed to.

                          Resolved - That Amendment No. 7 be agreed to.

                          Resolved - That Amendments No. 8 and No. 9 be disagreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

                 Ordered - That a Committee consisting of the Minister for Industry and Trade, the Hon. S. M. Kanck and the Hon. C. V. Schaefer be appointed to prepare the Reason for disagreeing to Amendments No. 1 to No. 6 and Amendments No. 8 and No. 9 of the House of Assembly.

                 The Minister for Industry and Trade brought up the Report of the Committee appointed to prepare the reason for disagreeing to Amendments No. 1 to No. 6 and Amendments No. 8 and No. 9 of the House of Assembly, which was read by the Clerk as follows:

                          Because the Amendments are unreasonable.

                 Report adopted.

 

Development (Miscellaneous) Amendment Bill.

 

 

  16.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Transplantation and Anatomy (Post-Mortem Examinations) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 4 agreed to.

                          Clause No. 5 amended and agreed to.

                          Clauses No. 6 to 10 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 an amendment; whereupon the Council adopted such report.

                 The Minister for Industry and Trade, 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 the Bill do now pass.

 

Transplantation
and Anatomy
(Post-Mortem
Examinations)
Amendment Bill.

 

 

  17.

The Minister for Mental Health and Substance Abuse, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. Hill, M.P.) concerning the Annual Reports of the Central Northern Adelaide Health Service and the Southern Adelaide Health Service.

 

Ministerial
Statement Tabled.

 

  18.

The Minister for Aboriginal Affairs and Reconciliation, by leave, tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. Hill, M.P.) concerning Notice to Prescribe the Groundwater Resources of the Central Adelaide Area.

 

Ministerial
Statement Tabled.

 

19.

On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Serious Drug Offences) 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 agreed to.

                          Clause No. 2 amended and agreed to.

                          Clause No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 to No. 13 agreed to.

                          Clause No. 14 read.

                 The Hon. R. D. Lawson moved on page 15, line 33, after “children” to insert “and school zones”.

                 Question - That the amendment be agreed to - put.

Controlled
Substances
(Serious Drug
Offences)
Amendment Bill.

 

 

             Committee divided:

Ayes, 11

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 14, as amended and otherwise amended, agreed to.

                          Clause No. 15 agreed to.

                          Clause No. 16 amended and agreed to.

                          Clauses No. 17 to No. 30 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 Industry and Trade, 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.

 

 

 

  20.

Ordered - Notices of Motion (Private Business) No. 1 to No. 3 and Orders of the Day (Private Business) No. 1 to No. 15 be postponed and taken into consideration after Order of the Day (Private Business) No. 16.

 

Postponement
of Business.

 

  21.

On the Order of the Day being read for the adjourned debate on the question - That the Botanic Gardens and State Herbarium (Lighting of Fires) 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

 

                          Clauses No. 1 to No. 4 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 Industry and Trade, 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.

 

Botanic Gardens and
State Herbarium
(Lighting of Fires)
Amendment Bill.

 

  22.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

  23.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Report of the Legislative Review Committee on the Committee’s Review of the Fisheries (General) Variation Regulations, 2005, be noted.

                 On motion of the Minister for Industry and Trade, the debate was adjourned and ordered to be resumed on motion.

 

Report of Legislative
Review Committee
on Committee’s
Review of the
Fisheries (General)
Variation
Regulations, 2005,
be noted -
Motion re.

 

 

  24.

Ordered - That Notice of Motion (Private Business) No. 3 be an Order of the Day for Wednesday, 1 February 2006.

 

Postponement
 of Business.

 

  25.

The following Messages from the House of Assembly were received and read -

Message No. 152

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Statutes Amendment (Criminal Procedure) Bill without amendment.

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

 

Messages from
House of Assembly:
Statutes Amendment
(Criminal Procedure)
Bill.

 

 

 

Message No. 153

                 MR. PRESIDENT - The House of Assembly does not insist on its Amendments Nos. 1 to 6 and Nos. 8 and 9 in the Development (Miscellaneous) Amendment Bill to which the Legislative Council has disagreed.  The Bill is returned herewith.

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

 

Development
(Miscellaneous)
Amendment Bill.

 

 

 

Message No. 154

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Transplantation and Anatomy (Post-Mortem Examinations) Amendment Bill with the amendment indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

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

 

Transplantation
and Anatomy
(Post-Mortem Examinations) Amendment Bill.

 

 

 

Schedule of the amendment made by the House of Assembly

to the amendment of the Legislative Council

No. 1.

That Amendment No. 5 be agreed to with the following amendment -

        Leave out “6” and insert “14” in lieu thereof.

D. A. BRIDGES, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration forthwith.

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

 

In the Committee

 

                          Resolved - That the amendment be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

 

 

  26.

The Minister for Industry and Trade reported as follows:

                 I have to report that the Managers have been to the Conference on the Children’s Protection (Miscellaneous) Amendment Bill which was managed on behalf of the House of Assembly by the Minister for Families and Communities (The Hon. J. Weatherill, M.P), Ms. Chapman, Ms. Redmond, Ms. Thompson and Mr. Brindal, and they there received from the Managers on behalf of the House of Assembly the Bill and the following Resolution adopted by that House -

                 That the House of Assembly insists on its disagreement to the amendments of the Legislative Council and insists on its alternative amendments made in lieu thereof.

                 And thereupon the Managers for the two Houses conferred together, and it was agreed that we should recommend to our respective Houses -

 

Children’s Protection (Miscellaneous) Amendment Bill.

 

 

As to Amendment No 18

That the Legislative Council no longer insists on its amendment but makes the following alternate amendment.

New clause, after clause 10—

Insert:

10B—Amendment of section 19—Investigations

Section 19(1)—delete subsection (1) and substitute:

      (1)       If the Chief Executive—

      (a)       suspects on reasonable grounds that a child is at risk; and

      (b)      believes that the matters causing the child to be at risk are not being adequately addressed, the Chief Executive must cause an assessment of or investigation into the circumstances of the child to be carried out or must effect an alternative response which more appropriately addresses the potential or actual risk to the child.

And that the House of Assembly agrees thereto.

 

 

 

As to Amendment No 19

That the Legislative Council no longer insists on its amendment and makes the following alternate amendment.

New clause, after clause 10—

Insert:

10C—Amendment of section 20—Application for order

Section 20—after its present contents (now to be designated as subsection (1)) insert:

      (2)       If the Chief Executive suspects on reasonable grounds that a child is at risk as a result of the abuse of an illicit drug by a parent, guardian or other person, the Chief Executive must apply for an order under this Division directing the parent, guardian or other person to undergo a drug assessment (unless the Chief Executive is satisfied that an appropriate assessment of the parent, guardian or other person has already occurred, or is to occur).

And that the House of Assembly agrees thereto.

As to Amendment No 22

That the Legislative Council no longer insists on its disagreement to the alternate amendment of the House of Assembly.

                 Ordered - That the President do now leave the Chair and the Council resolves itself into a Committee of the Whole for the consideration of the Recommendations from the Conference.

 

In the Committee

 

                          Resolved - That the Recommendations from the Conference be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

 

 

  27.

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

Message No. 155

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Controlled Substances (Serious Drug Offences) Amendment Bill without amendment.

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

 

Message from
House of Assembly:
Controlled
Substances (Serious
Drug Offences)
Amendment Bill.

 

 

  28.

At seventeen minutes to seven o’clock the sitting was suspended until the ringing of the bells.

                 At eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

  29.

Ordered - That Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

  30.

Ordered - That Order of the Day (Private Business) No. 3 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

  31.

Ordered - That Order of the Day (Private Business) No. 4 be an Order of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

32.

On the Order of the Day being read for the adjourned debate on the question - That the Crown Lands (Prescribed Shack Sites) 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

 

                          Clauses No. 1 to No. 4 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 Mental Health and Substance Abuse, 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.

 

Crown Lands
(Prescribed Shack
Sites) Amendment
Bill.

 

  33.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. K. Sneath - That the Report of the Natural Resources Committee, 2004-2005, be noted:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday, 1 February 2006.

 

Natural Resources
Committee -
Report, 2004-2005
be noted -
Motion re.

 

  34.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. G. E. Gago - That the Report of the Environment, Resources and Development Committee on its Inquiry into Marine Protected Areas, be noted:

                 Debate resumed.

                 Question put and passed.

 

Environment,
Resources and
Development
Committee - Report
on Inquiry into
Marine Protected
Areas be noted - Motion re.

 

  35.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. G. E. Gago - That the Report of the Social Development Committee on its Inquiry into Multiple Chemical Sensitivity, be noted:

                 Debate resumed.

                 Question put and passed.

 

Social Development
Committee - Report
on Inquiry into
Multiple Chemical Sensitivity be noted -
Motion re.

 

  36.

On the Order of the Day being read for the adjourned debate on the qeustion - That the Gaming Machines (Prohibition from Council Area Following Referendum) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of The Hon. G. E. Gago, the debate was adjourned until Wednesday, 1 February 2006.

 

Gaming Machines (Prohibition from Council Area Following Referendum) Amendment Bill.

 

  37.

Ordered - That Order of the Day (Private Business) No. 10 be an Order of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

  38.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for Wednesday, 1 February 2006.

 

Evidence (Retrial of
Sexual Offences)
Amendment Bill.

 

  39.

Ordered - That Order of the Day (Private Business) No. 12 be an Order of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

  40.

On the Order of the Day being read for the adjourned debate on the question - That the Bail (Limitations on Bail Authority’s Discretion) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for Wednesday, 1 February 2006.

 

Bail (Limitations
on Bail Authority’s
Discretion)
Amendment Bill.

 

41.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. I. Lucas - That this Council notes the Auditor-General’s Report, 2003-2004:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday, 1 February 2006.

 

Auditor-General’s
Report, 2003-2004,
be noted -
Motion re.

 

  42.

On the Order of the Day being read for the adjourned debate on motion of the Hon. D. W. Ridgway - That this Council condemns the Hon. Rory McEwen, Minister for Agriculture, Food and Fisheries, Minister for State/Local Government Relations and Minister for Forests, and Member for Mount Gambier, as the longest serving rural member of the National/Labor Coalition Cabinet, for neglecting the needs of all rural and regional South Australians:

                 Debate resumed.

                 On motion of the Hon. I. Gilfillan, the debate was adjourned until Wednesday, 1 February 2006.

 

Hon. Rory McEwen
and the Needs of All
Rural and Regional
South Australians -
Motion re.

 

  43.

Ordered - separately - That Orders of the Day (Private Business) No. 17 to No. 19 be Orders of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

  44.

Ordered - That the adjourned debate on the motion of the Hon. S. M. Kanck - That this Council notes comments made by the Attorney-General to a member of the “Let’s Get Equal” campaign on the night of 22 November 2005, to which the Hon. R. D. Lawson had moved to amend by leaving out all words after “the night of” and inserting “21 November 2005 and condemns him for recent acts of bullying and intimidation and other behaviour which has brought discredit to the Office of Attorney-General” - be now resumed.

                 Debate resumed.

                 Question - That the amendment moved by the Hon. R. D. Lawson be agreed to - put.

Comments made by
Attorney-General -
Motion re.

 

 

             Council divided:

Ayes, 11

The Hon. J.S.L. Dawkins

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                 Question - That the motion moved by the Hon. S. M. Kanck, and as amended by the Hon. R. D. Lawson, be agreed to - put and passed.

 

 

 

  45.

The Hon. R. I. Lucas, without notice, moved - That the Standing Orders be so far suspended as to enable him to move forthwith a motion without notice.

                 Debate ensued.

                 Question put.

Suspension of
Standing Orders.

 

 

             Council divided:

Ayes, 12

The Hon. J.S.L. Dawkins

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. R. I. Lucas (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)

 

 

 

  46.

The Hon. R. I. Lucas moved - That on Prorogation of the Parliament, leave be given to the Select Committees on:

                 Mount Gambier District Health Service;

                 Electricity Industry in South Australia;

                 Allegedly Unlawful Practices raised in the Auditor-General’s Report, 2003-2004;

                 Assessment and Treatment Services for People with Mental Health Disorders;

Collection of Property Taxes by State and Local Government, including Sewerage Charges by SA Water;

The Atkinson/Ashbourne/Clarke Affair; and

Refining, Storage and Supply of Fuel in South Australia,

        to sit during the recess and to report on the first day of next Session.

                 Debate ensued.

                 Question put and passed.

 

Leave for Select
Committees to sit
after Prorogation -
Motion re.      

 

  47.

The Hon. R. I. Lucas, without notice, moved - That the Standing Orders be so far suspended as to enable him to move forthwith a motion without notice.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Suspension of
Standing Orders.

 

  48.

The Hon. R. I. Lucas moved - That upon presentation to the President of Reports from the following Select Committees:

                 Mount Gambier District Health Service;

                 Electricity Industry in South Australia;

                 Allegedly Unlawful Practices raised in the Auditor-General’s Report, 2003-2004;

                 Assessment and Treatment Services for People with Mental Health Disorders;

Collection of Property Taxes by State and Local Government, including Sewerage Charges by SA Water;

The Atkinson/Ashbourne/Clarke Affair; and

Refining, Storage and Supply of Fuel in South Australia,

the Report be deemed to be laid upon the Table of the Legislative Council, and the President is hereby authorised forthwith to publish and distribute such Report.

                 Debate ensued.

                 Question put and passed.

 

Reports of
Select Committees
presented to
President to be
authorised to be
Published -
Motion re.

 

49.

The Minister for Industry and Trade moved - That the Council, at its rising, do adjourn until Monday, 19 December 2005, at fifteen minutes passed two o’clock.

                 Debate ensued.

                 The Hon. R. I. Lucas moved to amend the motion by leaving out “Monday, 19 December 2005” and inserting “Monday, 30 January 2006”.

_____________________

 

And it being twelve of the clock:

FRIDAY 2 DECEMBER 2005

_____________________

 

                 Question - That the words proposed to be struck out stand part of the motion - put and negatived.

                 Question - That the words proposed to be inserted be so inserted - put and passed.

                 Question - That the motion moved by the Minister for Industry and Trade, and as amended by the Hon. R. I. Lucas, be agreed to - put and passed.

 

Next Day
 of Sitting.

 

50.

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

Message No. 156

                 MR. PRESIDENT - The House of Assembly, having considered the recommendations of the Conference on the Children’s Protection (Miscellaneous) Amendment Bill, has agreed to the same.

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

 

Message from
House of Assembly:
Children’s
Protection
(Miscellaneous)
Amendment Bill.

 

 

51.

Council adjourned at thirty minutes past one o’clock a.m until Monday, 30 January 2006, at fifteen minutes past two o’clock.

 

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. R. D. Lawson

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. T. G. Roberts

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