SOUTH AUSTRALIA]

No. 65

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  2  APRIL  2003

 

 

 

   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 Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Broadening DNA Testing.

 

Paper Tabled.

 

   3.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning a Religious Discrimination and Vilification Discussion Paper.

 

Paper Tabled.

 

   4.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Attorney-General concerning Today Tonight and the Death of Anna-Jane Cheney.

 

Paper Tabled.

 

   5.

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

 

Statements on
Matters of Interest.

 

   6.

Ordered - That Notices of Motion (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 30 April 2003.

 

Postponement
of Business.

 

   7.

Ordered - That Notice of Motion (Private Business) No. 3 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

   8.

The Hon. R. I. Lucas, pursuant to notice, moved - That this Council notes with concern claims by the Minister for Environment, the Hon. J. D. Hill, that he did not read key documents, briefing notes, letters and answers to Parliamentary questions on the nuclear waste repository issue prior to making misleading statements to the Parliament.

                 Debate ensued.

                 And the Minister for Aboriginal Affairs and Reconciliation having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Minister for
Environment’s
failure to read
documents and
misleading
statements to
Parliament -
Motion re.

 

   9.

Ordered - That Notices of Motion (Private Business) No. 5 and No. 6 and Orders of the Day (Private Business) No. 1 to No. 41 be postponed and taken into consideration after Order of the Day (Private Business) No. 42.

 

Postponement
of Business.

 

10.

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

                 Debate resumed.

                 Question put.

Statutes
Amendment
(Equal
Superannuation
Entitlements for
Same Sex
Couples) Bill.

 

 

             Council divided:

Ayes, 13

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. J.S.L. Dawkins (Teller)

 

 

 

 

                 Bill read a second time.

                 The Hon. A. J. Evans, pursuant to contingent notice, moved -

      “I.          That this Bill be referred to a Select Committee;

       II.          That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only;

      III.          That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the Council; and

      IV.          That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.”

                 Question - That the motion be agreed to - put.

 

 

 

             Council divided:

Ayes, 9

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephans

The Hon. N. Xenophon

The Hon. A. L. Evans (Teller)

 

      So it passed in the negative.

 

Noes, 10

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

 

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for Wednesday, 30 April 2003.

 

 

 

11.

At two minutes past 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.

 

12.

Ordered - separately - That Notices of Motion (Private Business) No. 5 and No. 6 and Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 30 April 2003.

 

Postponement
of Business.

 

13.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan -

           I.      That a Select Committee be appointed to inquire into and report on the staffing, resourcing and structure of the South Australian Police (SAPOL) and the efficiency and adequacy of management of SAPOL with particular regard to -

(a)    efficiency and effectiveness of SAPOL resource utilisation;

(b)    allocation of personnel to special units and their responsibilities;

(c)    allocation of personnel to rural police stations;

(d)    the need for, and allocation of, minimum staffing levels;

(e)    effectiveness of recruitment and retention of police personnel;

(f)     adequacy of recruit training;

(g)    adequacy of ongoing training for serving officers;

(h)    adequacy of selection and promotion processes and policies;

(i)     adequacy and standard of equipment;

(j)     suitability of mechanisms for dealing with complaints and feedback from serving offices;

(k)    methodology of collection, recording and use of personal records;

(l)     efficiency of evidence gathering;

(m)   resources allocated to support prosecution;

(n)    deployment of resources for prosecuting expiable offences; and

(o)    other relevant matters.

          II.      That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

         III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

         IV.      Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating:

                 Debate resumed.

                 The Hon. S. M. Kanck moved to amend the motion in paragraph 1, by leaving out all words after “report” in line 1, and inserting the following:

                    “on the staffing, resourcing and efficiency of SAPOL with particular reference to:

(a)    resource utilisation;

(b)    rural policing;

(c)    the need for, and allocation of, minimum staffing levels;

(d)    effectiveness of recruitment and retention of police personnel;

(e)    recruitment and in service training resources and requirements;

(f)     selection and promotion processes and policies;

(g)    adequacy and standard of equipment;

(h)    mechanisms for dealing with internal complaints;

(i)     prosecution;

(j)     the role of police in and the adequacy of crime prevention programmes throughout South Australia;

(k)    other relevant matters.”

                 Question - That the words proposed to be struck out by the Hon. S. M. Kanck stand part of the motion - put and negatived.

                 Question - That the words proposed to be inserted by the Hon. S. M. Kanck be so inserted - put and passed.

Staffing,
Resourcing  and
Structure of SAPOL -
Motion for Select Committee on.

 

 

 

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

 

 

 

                 The Hon. I. Gilfillan then moved - That the Select Committee consist of the Hon. J.S.L. Dawkins, the Hon. G. E. Gago, the Hon. R. D. Lawson, the Hon. R. K. Sneath and the mover.

                 Question put and passed.

                 The Hon. I. Gilfillan moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place, and to report on Wednesday, 16 July 2003.

                 Question put and passed.

 

Select Committee
appointed.

 

14.

Ordered - separately - That Orders of the Day (Private Business) No. 4 to No. 7 be Orders of the Day for Wednesday, 30 April 2003.

 

Postponement
of Business.

 

15.

On the Order of the Day being read for the adjourned debate on the question - That the Gaming Machines (Extension of Freeze) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 30 April 2003.

 

Gaming Machines
(Extension of Freeze)
Amendment Bill.

 

16.

Ordered - separately - That Orders of the Day (Private Business) No. 9 to No. 12 be Orders of the Day for Wednesday, 30 April 2003.

 

Postponement
of Business.

 

17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan -

            I.      That this Council urges the Government to support the establishment of a Law Reform Institute, similar to the institutes that are in existence elsewhere in Australia, and that this Institute be empowered as an independent reviewer and researcher of law in South Australia.

          II.      Further, that this Council calls on the Attorney-General to support this Institute financially in conjunction with the Law Society of South Australia and South Australia’s Universities:

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 30 April 2003.

 

Establishment of
Law Reform
Institute -
Motion re.

 

18.

Ordered - separately - That Orders of the Day (Private Business) No. 14 to No. 38 be Orders of the Day for Wednesday, 30 April 2003.

 

Postponement
of Business.

 

19.

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

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday, 30 April 2003.

 

Summary Offences
(Tattooing and
Piercing)
Amendment Bill.

 

20.

Ordered - separately - That Orders of the Day (Private Business) No. 40 and No. 41 be Orders of the Day for Wednesday, 30 April 2003.

 

Postponement
of Business.

 

21.

Ordered - That Order of the Day (Private Business) No. 43 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

22.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

23.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Tourism (The Hon. J. D. Lomax-Smith, M.P.) concerning the Mitsubishi Adelaide International Horse Trials.

 

Paper Tabled.

 

24.

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

Message No. 91

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the protection and enhancement of the River Murray and related areas and ecosystems; to amend the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986, the Aquaculture Act 2001, the Coast Protection Act 1972, the Crown Lands Act 1929, the Development Act 1993, the Environment Protection Act 1993, the Fisheries Act 1982, the Harbors and Navigation Act 1993, the Heritage Act 1993, the Historic Shipwrecks Act 1981, the Irrigation Act 1994, the Mining Act 1971, the Murray-Darling Basin Act 1993, the National Parks and Wildlife Act 1972, the Native Vegetation Act 1991, the Opal Mining Act 1995, the Parliamentary Committees Act 1991, the Parliamentary Remuneration Act 1990, the Petroleum Act 2000, the Soil Conservation and Land Care Act 1989, the South Eastern Water Conservation and Drainage Act 1992 and the Water Resources Act 1997; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 1 April 2003.                                                                              I. P. LEWIS, Speaker.

                 Bill read a first time.

         Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Message from
House of Assembly:
River Murray Bill.

 

 

25.

Council adjourned at eighteen minutes to nine o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

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. D. V. Laidlaw

The Hon. R. D. Lawson

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. C. Zollo

The Hon. N. Xenophon