SOUTH AUSTRALIA]

No. 47

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  2  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.

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.

   3.

Answers to Questions on Notice No. 507 of last Session and Nos. 119, 137 and 198 of this Session received this day, were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

   4.

The following Paper was laid upon the Table, viz.:

          By the President -

                 Adelaide City Council - Report 2006-2007.

 

Paper.

   5.

The Hon. J. M. Gazzola brought up the Fifteenth Report of the Legislative Review Committee, 2007-2008.

Legislative Review
Committee -
Fifteenth Report,
2007-2008.

   6.

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 Compensation Available to Abuse Victims.

 

Ministerial
Statement Tabled.

   7.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier concerning the Murray Darling Basin National Plan.

 

Ministerial
Statement Tabled.

   8.

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 Hydroponic Cannabis and Amphetamines.

 

Ministerial
Statement Tabled.

   9.

The Minister for Environment and Conservation (The Hon. G. E. Gago), without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. R. D. Lawson to ask a question of the Minister for Police and for him to complete his reply.

                 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.

10.

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

 

Statement on
Matters of Interest.

 

11.

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

 

Postponement
of Business.

12.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Natural Resources Committee on the Eyre Peninsula Natural Resource Management Board, be noted.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday next.

 

Report of the
Natural Resources
Committee on the
Eyre Peninsula
Natural Resources
Management Board
be noted -
Motion re.

 

13.

The Hon M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Parliamentary Superannuation Act 1974, the Southern State Superannuation Act 1994, the Superannuation Act 1988 and the Superannuation Funds Management Corporation of South Australia Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon M. C. Parnell 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 next.

 

Statutes Amendment
(Ethical
Investment - State
Superannuation)
Bill.

14.

The Hon M. C. Parnell, pursuant to notice, moved - That this Council notes with sadness the recent passing of Professor Peter Cullen and acknowledges the great contribution he made to South Australia.

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

 

Death of
Professor
Peter Cullen -
Motion re.

15.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 3 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (A Smoke-Free Adelaide) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Minister for Emergency Services (The Hon. C. Zollo), the debate was adjourned until Wednesday next.

 

Tobacco Products
Regulation
(A Smoke-Free
Adelaide)
Amendment Bill.

17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. S. M. Kanck -

            I.   That a Select Committee of the Legislative Council be established to inquire into and report on the impact of peak oil in South Australia with particular reference to -

(a)     The movement of people around the State, including -

       i.    the rising cost of petrol and increasing transport fuel poverty in the outer metropolitan area, the regions and remote communities;

      ii.    ways to encourage the use of more fuel efficient cars;

     iii.    alternative modes of transport;

    iv.    the need to increase public transport capacity; and

     v.    implications for urban planning;

(b)    Movement of freight;

(c)     Tourism;

(d)    Expansion of the mining industry;

(e)     Primary industries and resultant food affordability and availability;

(f)     South Australia’s fuel storage capability including -

       i.    susceptibility of fuel supply to disruption; and

      ii.    resilience of infrastructure and essential services under disruptive conditions;

(g)    Alternative fuels and fuel substitutes;

(h)    Optimum and sustainable levels of population under these constraints;

(i)      The need for public education, awareness and preparedness; and

(j)      Any other related matter.

          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 presented to the Council.

         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.

                 To which The Minister for Police has moved to amend in paragraph I, by leaving out the words “That a Select Committee of the Legislative Council be established to” and inserting “That the Natural Resources Committee”, and by leaving out paragraphs II, III and IV:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 2 April 2008.

 

Impact of
Peak Oil in
South Australia -
Select
Committee on -
Motion re.

18.

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

Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday next.

 

Statutes Amendment
(Surrogacy) Bill.

19.

Ordered - That Order of the Day (Private Business) No. 7 be postponed and taken into consideration on motion.

 

Postponement
of Business.

20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J.M.A. Lensink -

            I.   That a Select Committee of the Legislative Council be established to inquire into and report on the State Government’s proposed sale and redevelopment of the Glenside Hospital site with specific reference to -

(a)     The effect of the delivery of services by the proposed co-location of mental health, drug and alcohol, rural, regional and State-wide services and the possible security implications;

(b)    The effect of the proposed sale of 42% of the site and its impact on the amenity and enjoyment of open space for patients and the public, biodiversity, conservation and significant trees;

(c)     The impact of the reduction of available land for more supported accommodation;

(d)    The effect of the proposed sale of precincts 3, 4 and 5 as identified in the State Government’s Concept Master Plan for the site and its possible effect on access to the site and traffic management generally;

(e)     The proposed sale of precinct 4 by private sale to a preferred purchaser; and

(f)     Other matters that the Committee considers relevant.

          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 presented to the Council.

         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:

                 Debate resumed.

                 And the Hon. S. G. Wade having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Select Committee on
Proposed
Sale and
Redevelopment of
Glenside
Hospital Site -
Motion re.

21.

At one minute 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.

 

22.

Ordered - That the adjourned debate on the motion of the Hon. J.M.A. Lensink -

            I.   That a Select Committee of the Legislative Council be established to inquire into and report on the State Government’s proposed sale and redevelopment of the Glenside Hospital site with specific reference to -

(a)     The effect of the delivery of services by the proposed co-location of mental health, drug and alcohol, rural, regional and State-wide services and the possible security implications;

(b)    The effect of the proposed sale of 42% of the site and its impact on the amenity and enjoyment of open space for patients and the public, biodiversity, conservation and significant trees;

(c)     The impact of the reduction of available land for more supported accommodation;

(d)    The effect of the proposed sale of precincts 3, 4 and 5 as identified in the State Government’s Concept Master Plan for the site and its possible effect on access to the site and traffic management generally;

(e)     The proposed sale of precinct 4 by private sale to a preferred purchaser; and

(f)     Other matters that the Committee considers relevant.

          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 presented to the Council.

         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 - be now resumed.

                 Debate resumed.

                 Question put and passed.

Select Committee on
Proposed
Sale and
Redevelopment of
Glenside
Hospital Site -
Motion re.

 

                 The Hon. J.M.A. Lensink then moved - That the Select Committee consist of the Hon. J.S.L Dawkins, the Hon. B. V. Finnigan, the Hon. I. K. Hunter, the Hon. S. M. Kanck and the mover.

                 Question put and passed.

                 The Hon. J.M.A. Lensink moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place and report on Wednesday, 23 July 2008.

                 Question put and passed.

 

Select Committee
Appointed.

  23.

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 Death of South Australian Artist, John Dowie.

 

Ministerial
Statement Tabled.

24.

Ordered - That the adjourned debate on the question - That the Adelaide Park Lands (Facilitation of Development of Victoria Park) Amendment Bill be now read a second time - be now resumed.

Debate resumed.

                 Question put.

Adelaide Park Lands
(Facilitation of
Development of
Victoria Park)
Amendment Bill.

 

             Council divided:

Ayes, 9

The Hon. J. A. Darley

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. T. J. Stephens (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

         Bill read a second time.

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

 

In the Committee

 

                          Clauses No. 1 to No. 3 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 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.

 

 

25.

Ordered - That Order of the Day (Private Business) No. 9 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

26.

Ordered - That Orders of the Day (Private Business) No. 10 and No. 11 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

27.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. D. Lawson - That the Regulations under the Fair Work Act 1994, concerning Clothing Outworkers, made on 18 October 2007 and laid on the Table of this Council on 23 October 2007, be disallowed:

                 Debate resumed.

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

 

Fair Work Act -
Regulations -
Clothing
Outworkers -
Motion for
disallowance of.

28.

Ordered - That Orders of the Day (Private Business) No. 13 to No. 52 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

29.

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. J.M.A. Lensink, the debate was adjourned until next day of sitting.

 

Environment
Protection
(Miscellaneous)
Amendment Bill.

 

30.

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.

 

31.

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

 

Postponement
of Business.

 

32.

Ordered - That Orders of the Day (Government Business) No. 5 and No. 6 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

33.

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.

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

 

Firearms (Firearms
Prohibition Orders)
Amendment Bill.

 

34.

Ordered - That 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.

 

35.

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

 

Statutes Amendment (Police Superannuation) Bill.

 

36.

Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

37.

On the Order of the Day being read for the adjourned debate on the question - That the Statute Law Revision 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.

 

Statute Law
Revision Bill.

 

38.

Ordered - That Order of the Day (Private Business) No. 9 be discharged.

                 The Hon. S. M. Kanck moved - That the Genetically Modified Crops Management (Extension of Controls) Amendment Bill be withdrawn.

                 Question put and passed.

 

Business Discharged.
Genetically Modified
Crops Management
(Extension of
Controls)
Amendment Bill.

 

39.

Council adjourned at ten minutes past ten 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.S.L. Dawkins

The Hon. J. A. Darley

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