SOUTH AUSTRALIA]

No. 25

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  3  MARCH  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. 6.

                 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 Third Session of the 51st Parliament, viz.:

                 No. 4 of 2009 - An Act to fix standard time for South Australia; to repeal The Standard Time Act 1898 and for other purposes.

                 No. 5 of 2009 - An Act to allow for land subject to the Kapunda Hospital trust to be used for other purposes approved by the Minister if no longer required for the purposes of the Hospital.

                 No. 6 of 2009 - An Act to amend the Administration and Probate Act 1919.

                 No. 7 of 2009 - An Act to authorise the use of undercover operations and assumed identities for the purposes of criminal investigation and the gathering of criminal intelligence within and outside the State; to establish a certification scheme for the protection of the identity of certain witnesses; to provide for cross border recognition of undercover operations, assumed identities and the certification scheme; to repeal the Criminal Law (Undercover Operations) Act 1995; and for other purposes.

Government House, Adelaide, 3 March 2009.                                       KEVIN SCARCE, Governor.

 

Message from
Governor:
Assent to Bills.

   3.

Answer to Question on Notice No. 174 of this 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 Minister for Mineral Resources Development (The Hon. P. Holloway) -

                 Desalination (Port Stanvac) Interim Report - Attorney-General’s Response to the Environment, Resources and Development Committee.

                 Rules of Court - District Court Act 1991 - Civil Rules 2006 - Amendment No. 8.

                 Dangerous Area Declarations for the period from 1 October 2008 to 31 December 2008 - Returns pursuant to Section 83B of the Summary Offences Act 1953.

                 Ethical Public Sector Superannuation Schemes - Treasurer’s Response to the Economic and Finance Committee.

Papers.

 

                 Road Block Establishment Authorisations for the period from 1 October 2008 to 31 December 2008 - Returns pursuant to Section 74B of the Summary Offences Act 1953.

        By the Minister for Urban Development and Planning (The Hon. P. Holloway) -

                 Regulations under the following Act -

                          Development Act 1993 -

                                   Bushfire Protection.

                                   Commonwealth National Building Program.

                                   Residential Code.

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

                 Reports, 2007-2008 -

                          Barossa Health.

                          Ceduna Koonibba Aboriginal Health Service Inc.

                          Children, Youth and Women’s Health Service.

                          Children, Youth and Women’s Health Service - Statistical and Financial Report.

                          Eudunda and Kapunda Health Service Incorporated.

                          Kangaroo Island Health Service.

                          Local Government Activities (report on activities conducted by the State Electoral Office).

                          Lower Eyre Health Services.

                          Pika Wiya Health Service Inc.

                          Port Broughton District Hospital and Health Services Inc.

                          Port Lincoln Health Services Inc.

                          Repatriation General Hospital Incorporated.

                          Southern Flinders Health.

                 Review of the Health and Community Services Complaints Act 2004, dated 12 November 2008.

                 Review of the Health and Community Services Complaints Act 2004 - Government Response.

                 Regulations under the following Act -

                          Food Act 2001 - Adoption of Food Standards Code.

                 District Council By-laws - Orroroo Carrieton -

                          No. 1 - Permits and Penalties.

                          No. 2 - Moveable Signs.

                          No. 3 - Local Government Land.

                          No. 4 - Roads.

                          No. 5 - Dogs.

                          No. 6 - Cats.

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

                 Regulations under the following Act -

                          Liquor Licensing Act 1997 - General - Banning Orders.

 

 

    5.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 3 from the House of Assembly relating to the Psychological Practice Bill.

 

In the Committee

 

                 The Minister for State/Local Government Relations moved - That the amendments be not insisted on.

                 Question - That the amendments be insisted on - put.

Psychological
Practice Bill.

 

             Committee divided:

Ayes, 13

The Hon. A. M. Bressington

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. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. N. Winderlich

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

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

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.

 

 

    6.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

    7.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Mount Gambier Hospital Hydrotherapy Pool Fund Bill.

 

In the Committee

 

                          Clause No. 3 further considered, amended and agreed to.

                          Clause No. 4 amended and agreed to.

                          Clause No. 5 amended and agreed to.

                          Clause No. 6 amended and agreed to.

                          Clause No. 7 amended and agreed to.

                          Clause No. 8 amended and agreed to.

                          Clause No. 9 amended and 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 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.

 

Mount Gambier
Hospital

Hydrotherapy Pool
Fund Bill.

    8.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Prohibition of Human Cloning for Reproduction and Regulation of Research Involving Human Embryos) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Prohibition of
Human Cloning for
Reproduction and
Regulation of
Research Involving
Human Embryos)
Bill.

    9.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

  10.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Architectural Practice Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 12 agreed to.

                          Clause No. 13 amended and agreed to.

                          Clauses No. 14 to No. 67 agreed to.

                          New Clause No. 67A inserted.

                          Clauses No. 68 to No. 70 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 with amendments; 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.

 

Architectural
Practice Bill.

  11.

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

                 Debate resumed.

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

 

Equal Opportunity
(Miscellaneous)
Amendment Bill.

 

  12.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment and Repeal (Fair Trading) 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
and Repeal
(Fair Trading) Bill

  13.

On the Order of the Day being read for the adjourned debate on the question - That the Native Vegetation (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.

 

Native Vegetation
(Miscellaneous)
Amendment Bill.

14.

Ordered - That Orders of the Day (Government Business) No. 8 and No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  15.

On the Order of the Day being read for the adjourned debate on the question - That the Mental Health Bill be now read a second time:

                 Debate resumed.

                 And the Hon. J.M.A. Lensink having obtained leave to conclude her remarks, the debate was adjourned until the next day of sitting.

 

Mental Health Bill.

16.

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

 

Postponement
of Business.

17.

Council adjourned at eight minutes past six 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. 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