SOUTH AUSTRALIA]

No. 39

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  2  JUNE  2009

 

 

 

 

   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. 11.

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

                 No. 18 of 2009 - An Act to facilitate the administration of justice in regions straddling the State’s borders with Western Australia and the Northern Territory; to make related amendments to the Bail Act 1985; the Magistrates Court Act 1991 and the Youth Court Act 1993; and for other purposes.

Government House, Adelaide, 2 June 2009.                                             KEVIN SCARCE, Governor.

 

Message from
Governor:
Assent to Bills.

   3.

Answer to Question on Notice No. 132 of the first 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 President -

                 Auditor-General - Supplementary Report, 2007-2008 - Agency Audit Reports and a Matter of Specific Audit Comment, June 2009.

        By the Minister for Mineral Resources Development (The Hon. P. Holloway) -

                 Judges of the Supreme Court of South Australia - Report, 2008.

                 Regulations under the following Acts -

                          Bills of Sale Act 1886 - Bills of Sale.

                          Community Titles Act 1996 - Plans and Maps.

                          Daylight Saving Act 1971 - Revocation.

                          Legal Practitioners Act 1981 - Fees.

                          Real Property Act 1886 - General.

                          Strata Titles Act 1988 -

                                   Fees.

                                   Plans and Maps.

                          Workers Rehabilitation and Compensation Act 1986 - Claims and Registration - Registration of Employers.

Papers.

 

                 Dangerous Area Declarations - 1 January 2009 to 31 March 2009 - Return Pursuant to Section 83B of the Summary Offences Act 1953.

                 Road Block Establishment Authorisations - 1 January 2009 to 31 March 2009 - Return Pursuant to Section 74B of the Summary Offences Act 1953.

        By the Minister for State/Local Government Relations (The Hon. G. E. Gago) -

                 Reports, 2008 -

                          Flinders University.

                          The University of Adelaide - Part One: Annual Review.

                          The University of Adelaide - Part Two: Financial Statements.

                 Maralinga Lands Unnamed Conservation Park Board - Report, 2007-2008.

                 Regulations under the following Acts -

                          Road Traffic Act 1961 - Crossings.

                 Approved Licensing Agreement between Skycity Adelaide Pty. Ltd. and the Minister for Gambling - Third Amending Agreement.

                 Codes of Practice under Acts -

                          Authorised Betting Operations Act 2000 -

                                   Advertising (Inducements) - Variation.

                                   Responsible Gambling (Inducements) - Variation.

        By the Minister for Consumer Affairs (The Hon. G. E. Gago) -

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 -

                                   Birdwood High School.

                                   Dry Areas - Long Term - Mannum.

                 Deputy Coroner Findings of Death - Minister for Consumer Affairs Response dated 18 May 2009.

 

 

    5.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Renewable Energy Generation.

 

Ministerial
Statement Tabled.

    6.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning a Further Update on Swine Influenza.

 

Ministerial
Statement Tabled.

   7.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

   8.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Public Health Incidents and Emergencies) 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.

 

Statutes Amendment
(Public Health
Incidents and
Emergencies) Bill.

10.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

11.

Ordered - That Order of the Day (Government Business) No. 11 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

12.

On the Order of the Day being read for the adjourned debate on the question - That the Waterworks (Rates) Amendment 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.

 

Waterworks (Rates)
Amendment Bill.

13.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

14.

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

                 Debate resumed.

                 Question put and passed.

                 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. 5 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 State/Local Government Relations, 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.

 

Motor Vehicles
(Miscellaneous)
Amendment Bill.

15.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Southern State Superannuation 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.

 

Southern State
Superannuation Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 23 agreed to.

                 The Hon. D. N. Winderlich moved on page 16, after line 16, to insert new clause 23A as follows:

23A—Participation in other schemes

      (1)       The regulations must make provision for members, or members of a particular class, to elect to enter into alternative superannuation arrangements with a complying superannuation fund.

      (2)       Regulations made for the purposes of this section—

      (a)       must make provision for the payment of contributions to be made by an employer of a relevant person to the person's specified fund in accordance with the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth in order to avoid having an individual superannuation guarantee shortfall in respect of the person within the meaning of that Act; and

      (b)      may do 1 or more of the following:

       (i)       prescribe procedures for making elections;

      (ii)       provide for the cessation of a relevant person's membership of the scheme;

      (iii)      make provision in relation to a relevant person's liability to make payments, or eligibility to make contributions, under this Act (including by providing for the cessation of the liability or eligibility);

      (iv)      make provision in relation to a relevant person's eligibility for invalidity or death insurance or income protection provided through the scheme;

      (v)      provide for the carrying over of amounts standing to the credit of accounts maintained by the Board in the name of a relevant person to his or her specified fund and for the closure of those accounts;

      (vi)      provide that an election is irrevocable;

     (vii)     make provision for a relevant person to vary an election;

     (viii)     prescribe terms and conditions, and make provision for related or ancillary matters, connected with the entry by a relevant person into alternative superannuation arrangements with a complying superannuation fund.

      (3)       A regulation under this section will have effect in accordance with its terms despite any other provision of this Act.

      (4)       In this section—

complying superannuation fund has the meaning given by section 45 of the SIS Act, but does not include a self managed superannuation fund;

relevant person means a person who has made an election to enter into alternative superannuation arrangements with a complying superannuation fund;

self managed superannuation fund has the same meaning as in the SIS Act;

SIS Act means the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

specified fund of a relevant person means the complying superannuation fund with which the person has elected to enter into alternative superannuation arrangements.”

                 Question - That new clause 23A, as proposed to be inserted, be so inserted - put and negatived.

                          Clauses No. 24 to No. 30 agreed to.

                          Schedule 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 Mineral Resources Development, 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.

 

 

17.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Miscellaneous) Amendment 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.

 

Road Traffic
(Miscellaneous)
Amendment Bill.

19.

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

Message No. 67

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 1 to 13,
15 to 23 and 25 to 29 made by the Legislative Council in the Mental Health Bill, without any amendment; has disagreed to Amendment No. 24; and has agreed to Amendment No. 14 with the amendment as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 2 June 2009.                                                                    J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Mental Health Bill.

 

Schedule of the Amendments made by the Legislative Council

to which the House of Assembly has disagreed

Amendment No. 24–

New clause, page 53, after line 24—

After clause 98 insert:

98A—Harbouring or assisting patient at large

      (1)       A person who, knowing or being recklessly indifferent as to whether another is a patient at large, harbours the patient or assists the patient to remain at large is guilty of an offence.

Maximum penalty: $25 000 or imprisonment for 2 years.

      (2)       In this section—

interstate patient at large has the same meaning as in Part 10;

patient at large has the meaning assigned by section 3, and includes an interstate patient at large.

 

Schedule of the Amendment made by the Legislative Council

to which the House of Assembly has agreed with an amendment

Amendment No. 14–

New heading and clauses, page 33, after line 7—

After clause 49 insert:

Division 2—Community visitor scheme

49A—Community visitors

      (1)       There will be a position of Principal Community Visitor.

      (2)       There will be such number of positions of Community Visitor as the Governor considers necessary for the proper performance of the community visitors' functions under this Division.

      (3)       A person will be appointed to the position of Principal Community Visitor, or a position of Community Visitor, on conditions determined by the Governor and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, will be eligible for reappointment.

      (4)       However, a person must not hold a position under this section for more than 2 consecutive terms.

      (5)       The Governor may remove a person from the position of Principal Community Visitor, or a position of Community Visitor, on the presentation of an address from both Houses of Parliament seeking the person's removal.

      (6)       The Governor may suspend a person from the position of Principal Community Visitor, or a position of Community Visitor, on the ground of incompetence or misbehaviour and, in that event—

      (a)       a full statement of the reason for the suspension must be laid before both Houses of Parliament within 3 sitting days of the suspension; and

      (b)      if, at the expiration of 1 month from the date on which the statement was laid before Parliament, an address from both Houses of Parliament seeking the person's removal has not been presented to the Governor, the person must be restored to the position.

      (7)       The position of Principal Community Visitor, or a position of Community Visitor, becomes vacant if the person appointed to the position—

      (a)       dies; or

      (b)      resigns by written notice given to the Minister; or

      (c)       completes a term of appointment and is not reappointed; or

      (d)      is removed from the position by the Governor under subsection (5); or

      (e)       becomes bankrupt or applies as a debtor to take the benefit of the laws relating to bankruptcy; or

       (f)       is convicted of an indictable offence or sentenced to imprisonment for an offence; or

      (g)      becomes a member of the Parliament of this State or any other State of the Commonwealth or of the Commonwealth or becomes a member of a Legislative Assembly of a Territory of the Commonwealth; or

      (h)      becomes, in the opinion of the Governor, mentally or physically incapable of performing satisfactorily the functions of the position.

 

 

      (8)       The Minister may appoint a person to act in the position of Principal Community Visitor—

      (a)       during a vacancy in the position; or

      (b)      when the Principal Community Visitor is absent or unable to perform the functions of the position; or

      (c)       if the Principal Community Visitor is suspended from the position under subsection (6).

49B—Community visitors' functions

      (1)       Community visitors have the following functions:

      (a)       to conduct visits to and inspections of treatment centres as required or authorised under this Division;

      (b)      to refer matters of concern relating to the organisation or delivery of mental health services in South Australia or the care, treatment or control of patients to the Minister, the Chief Psychiatrist or any other appropriate person or body;

      (c)       to act as advocates for patients to promote the proper resolution of issues relating to the care, treatment or control of patients, including issues raised by a guardian, medical agent, relative, carer or friend of a patient or any person who is providing support to a patient under this Act;

      (d)      any other functions assigned to community visitors by this Act or any other Act.

      (2)       The Principal Community Visitor has the following additional functions:

      (a)       to oversee and coordinate the performance of the community visitors' functions;

      (b)      to advise and assist other community visitors in the performance of their functions, including the reference of matters of concern to the Minister, the Chief Psychiatrist or any other appropriate person or body;

      (c)       to report to the Minister, as directed by the Minister, about the performance of the community visitors' functions;

      (d)      any other functions assigned to the Principal Community Visitor by this Act or any other Act.

49C—Visits to and inspection of treatment centres

      (1)       Each treatment centre must be visited and inspected once a month by 2 or more community visitors.

      (2)       2 or more community visitors may visit a treatment centre at any time.

      (3)       For the purposes of any visit to a treatment centre, at least 1 of the community visitors is to be a medical practitioner or registered psychologist or a former medical practitioner or registered psychologist.

      (4)       On a visit to a treatment centre under subsection (1), the community visitors must—

      (a)       so far as practicable, inspect all parts of the centre used for or relevant to the care, treatment or control of patients; and


      (b)      so far as practicable, make any necessary inquiries about the care, treatment and control of each patient detained or being treated in the centre; and

      (c)       take any other action required under the regulations.

      (5)       After any visit to a treatment centre, the community visitors must (unless 1 of them is the Principal Community Visitor) report to the Principal Community Visitor about the visit in accordance with the requirements of the Principal Community Visitor.

      (6)       A visit may be made with or without previous notice and at any time of the day or night, and be of such length, as the community visitors think appropriate.

      (7)       A visit may be made at the request of a patient or a guardian, medical agent, relative, carer or friend of a patient or any person who is providing support to a patient under this Act.

      (8)       A community visitor will, for the purposes of this Division—

      (a)       have the authority to conduct inspections of the premises and operations of any hospital that is an incorporated hospital under the Health Care Act 2008; and

(b)      be taken to be an inspector under Part 10 of the Health Care Act 2008.

 

 

49D—Requests to see community visitors

      (1)       A patient or a guardian, medical agent, relative, carer or friend of a patient or any person who is providing support to a patient under this Act may make a request to see a community visitor.

      (2)       If such a request is made to the director of a treatment centre in which the patient is being detained or treated, the director must advise a community visitor of the request within 2 days after receipt of the request.

49E—Reports by Principal Community Visitor

      (1)       The Principal Community Visitor must, on or before 30 September in every year, forward a report to the Minister on the work of the community visitors during the financial year ending on the preceding 30 June.

      (2)       The Minister must, within 6 sitting days after receiving a report under subsection (1), have copies of the report laid before both Houses of Parliament.

      (3)       The Principal Community Visitor may, at any time, prepare a special report to the Minister on any matter arising out of the performance of the community visitors' functions.

      (4)       Subject to subsection (5), the Minister must, within 2 weeks after receiving a special report, have copies of the report laid before both Houses of Parliament.

      (5)       If the Minister cannot comply with subsection (4) because Parliament is not sitting, the Minister must deliver copies of the report to the President and the Speaker and the President and the Speaker must then—

      (a)       immediately cause the report to be published; and

      (b)      lay the report before their respective Houses at the earliest opportunity.

      (6)       A report will, when published under subsection (5)(a), be taken for the purposes of any other Act or law to be a report of the Parliament published under the authority of the Legislative Council and the House of Assembly.

House of Assembly’s Amendment thereto–

New Clause 49C—

Delete subclause (3):

M. LEHMAN, Clerk of the House of Assembly.

 

 

                 Ordered - That the Message be taken into consideration forthwith.

 

In the Committee

 

                 Resolved - That the Council agrees to the amendment made by the House of Assembly to Amendment No. 14.

                 The Minister for State/Local Government Relations moved - That Amendment No. 24 be not insisted on.

                 Question - That Amendment No. 24 be insisted on - put.

 

 

             Committee divided:

Ayes, 10

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. J.M.A. Lensink (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

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. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

.

 

_____________________

 

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

 

 

20.

At five 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.

 

21.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Public Sector Bill.

 

In the Committee

 

                          Clause No. 2 further considered and agreed to.

                          Clause No. 3 read.

                 The Hon. D. W. Ridgway moved on page 7, lines 25 to 27, to leave out “means an association registered under the Fair Work Act 1994 or the Workplace Relations Act 1996 of the Commonwealth that represents the interests of public sector employees” and insert “see subsections (5) and (6)”.

                 Question - That the amendment be agreed to - put.

Public Sector Bill.

 

             Committee divided:

Ayes, 8

The Hon. R. L. Brokenshire

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. D. W. Ridgway (Teller)

 

      So it passed in the negative.

 

Noes, 9

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. G. E. Gago (Teller)

 

 

 

                          Clause No. 3 agreed to.

                          Clause No. 4 agreed to.

                          Clause No. 5 read.

                 The Hon. D. N. Winderlich moved on page 10, after line 12, to insert the following:

        “•        ensure public sector employees are provided with an adequate level of resources for the tasks they are required to undertake;

          •        ensure public sector employees are not unreasonably disadvantaged as a result of relocation;”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 5 agreed to.

                          Clause No. 6 agreed to.

                          New Clause No. 6A inserted.

                          Clause No. 7 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.

 

 

22.

At ten o’clock the sitting was suspended until the ringing of the bells.

                 At thirty minutes past ten o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

23.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Public Sector Bill.

 

In the Committee

 

                          Clause No. 7 further considered and agreed to.

                          Clauses No. 8 and No. 9 agreed to.

                          New Clause No. 9A inserted.

                          Clause No. 10 agreed to.

                          Clause No. 11 amended and agreed to.

                          Clause No. 12 agreed to.

                          Clause No. 13 amended and agreed to.

                          Clause No. 14 read.

Public Sector Bill.

 

                 The Hon. D. W. Ridgway moved on page 14, after line 22, to insert the following:

“(2b)    The code of conduct may not restrict participation by public sector employees in community activities unrelated to their employment except so as to ensure that public sector employees conduct themselves in public in a manner that will not reflect adversely on the public sector.”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 9

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. D. W. Ridgway (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. G. E. Gago (Teller)

 

 

 

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

                          Clauses No. 15 to No. 19 agreed to.

                          Clause No. 20 amended and agreed to.

                          Clause No. 21 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.

 

 

24.

Ordered - That all remaining Orders of the Day (Government Business) be Orders of the Day for next day of sitting.

 

Postponement
of Business.

25.

Council adjourned at twenty seven minutes to twelve 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. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

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. 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. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo