SOUTH AUSTRALIA]

No. 48

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  3  MAY  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.

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

Message No. 8.

                 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. 5 of 2005 - An Act to establish a sanctuary to protect the dolphin population of the Port Adelaide River estuary and Barker Inlet and its natural habitat; to provide for the protection and enhancement of the Port Adelaide River estuary and Barker Inlet; to amend the Aquaculture Act 2001, the Coast Protection Act 1972, the Development Act 1993, the Environment and Protection Act 1993, the Fisheries Act 1982, the Harbors and Navigation Act 1993, the Historic Shipwrecks Act 1981, the Mining Act 1971, the National Parks and Wildlife Act 1972, the Native Vegetation Act 1991 and the Petroleum Act 2000; and for other purposes.

                 No. 6 of 2005 - An Act to amend the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

                 No. 7 of 2005 - An Act to amend the Acts Interpretation Act 1915.

                 No. 8 of 2005 - An Act to amend the Oaths Act 1936, and to make a related amendment to the Evidence (Affidavits) Act 1928.

                 No. 9 of 2005 - An Act to protect the health and safety of the public by providing for the registration of podiatrists and podiatry students; to regulate the provision of podiatric treatment for the purpose of maintaining high standards of competence and conduct by the persons who provide it; to repeal the Chiropodists Act 1950; and for other purposes.

                 No. 10 of 2005 - An Act to amend the Motor Vehicles Act 1959; and to make related amendments to the Road Traffic Act 1961.

                 No. 11 of 2005 - An Act to amend the Primary Produce (Food Safety Schemes) Act 2004.

                 No. 12 of 2005 - An Act to continue and enhance the commemoration of ANZAC Day as a national significance; to make a related amendment to the Lottery and Gaming Act 1936; and for other purposes.

                 No. 13 of 2005 - An Act to amend the Acts Interpretation Act 1915 and to make a related amendment to the Subordinate Legislation Act 1978.

                 No. 14 of 2005 - An Act to amend the National Electricity (South Australia) Act 1996.

Government House, Adelaide, 3 May 2005.                   MARJORIE JACKSON-NELSON, Governor.

 

Message from
Governor:
Assent to Bills.

 

    3.

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

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

                 Electricity Industry Superannuation Scheme - Report 2003-2004.

                 Determination and Report of the Remuneration Tribunal - Travelling and Accommodation Allowances - No. 1 of 2005.

                 Regulations under the following Acts -

                          Road Traffic Act 1961 - Photographic Detection Devices.

                          Summary Offences Act 1953 - Impounding and Forfeiture.

        By the Minister for Industry and Trade on behalf of the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Regulations under the following Acts -

                          Fees Regulation Act 1927 - Registered Agents.

                          Industrial and Employee Relations Act 1994 -

                                   General.

                                   Representation.

                          Liquor Licensing Act 1997 - Long Term Dry Areas - Nairne, Mount Barker and Hahndorf.

                          WorkCover Corporation Act 1994 - Claims Management.

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

                 Reports, 2003-2004 -

                          Boundary Adjustment Facilitation Panel.

                          Ceduna Koonibba Aboriginal Health Service Inc.

                          Controlled Substances Advisory Council.

                 Regulations under the following Acts -

                          City of Adelaide Act 1998 - Allowances and Benefits.

                          Dental Practice Act 2001 - Special Needs Dentistry.

                          Local Government Act 1999 - Allowances and Benefits.

                          Medical Practice Act 2004 - Elections.

                          Occupational Therapists Act 1974 - Fees.

                 District Council By-Laws - Kangaroo Island -

                          No. 1 - Permits and Penalties.

                          No. 2 - Moveable Signs.

                          No. 3 - Local Government Land.

                          No. 4 - Roads.

                          No. 5 - Dogs.

                          No. 6 - Bird Scaring Devices.

 

Papers.

 

   4.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning a Royal Commission into the Investigation and Trial of Eugene McGee, together with a copy of the Terms of Reference of the Royal Commission.

 

Ministerial
Statement Tabled.

 

   5.

The Minister for Industry and Trade, according to order, moved - That the Law Reform (Contributory Negligence and Apportionment of Liability) (Proportionate Liability) Amendment Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting

 

Law Reform
(Contributory
Negligence and
Apportionment
of Liability)
(Proportionate
Liability)
Amendment Bill.

 

 

   6.

The Minister for Industry and Trade, according to order, moved - That the Road Traffic (Excessive Speed) Amendment Bill be now read a second time.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting

 

Road Traffic
(Excessive Speed)
Amendment Bill.

 

 

   7.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 5 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   8.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 18 be postponed and taken into consideration after Order of the Day (Government Business) No. 19.

 

Postponement
of Business.

 

   9.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

Statutes Amendment
(Environment
and Conservation
Portfolio) Bill.

 

 

                 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. 47 agreed to.

                          New clause No. 47A inserted.

                          Clauses No. 48 to No. 50 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 agreed to.

                          Schedule 3 agreed to.

                          Schedule 4 agreed to.

                          Schedule 5 agreed to.

                          Schedule 6 agreed to.

                          Schedule 7 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 Emergency Services, 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.

 

 

 

10.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Liquor, Gambling and Security Industries) Bill.

 

In the Committee

 

                                   Clauses No. 1 to No. 13 agreed to.

                                   Clause No. 14 amended and agreed to.

                                   New clause No. 14A inserted.

                                   Clauses No. 15 to No. 26 agreed to.

                                   Clause No. 27 amended and agreed to.

                                   Clauses No. 28 and No. 29 agreed to.

                                   Clause No. 30 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.

 

Statutes Amendment
(Liquor, Gambling
and Security
Industries) Bill.

 

11.

On the Order of the Day being read for the consideration in Committee of the Whole of the Parliamentary Committees (Public Works) Amendment Bill:

                 The Hon. R. D. Lawson, pursuant to contingent notice, moved - That it be an Instruction to the Committee of the Whole that it have power to consider a new clause in relation to the quorum of Members at meetings of certain Parliamentary Committees.

                 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

 

                                   Clause No. 1 read.

                          The Hon. R. D. Lawson moved on page 2, lines 2 to 4, to leave out the clause and insert new clause as follows:

                                   “1—Short title

This Act may be cited as the Parliamentary Committees (Miscellaneous) Amendment Act 2005.”.

Parliamentary
Committees
(Public Works)
Amendment Bill.

 

 

                          Question - That clause No. 1 stand as printed - put.

 

 

 

             Committee divided:

Ayes, 8

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

        So it was resolved in the affirmative.

 

Noes, 6

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. R. D. Lawson (Teller)

 

 

 

 

 

                                   Clause No. 1 agreed to.

                                   Clauses No. 2 and No. 3 agreed to.

                                   Clause No. 4 amended and agreed to.

                          The Hon. R. D. Lawson moved on page 3, after line 23, to insert new clause as follows:

                                   “4A—Amendment of section 6—Functions of Committee

Section 6(a)(iii)—delete "(other than a statutory authority)" wherever occurring.”

                          Question - That new clause No. 4A, as proposed to be inserted by the Hon. R. D. Lawson, be so inserted - put.

 

 

             Committee divided:

Ayes, 7

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. J.M.A. Lensink

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

         So it passed in the negative.

 

Noes, 7

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

        And there being an equality of votes, the Chairperson gave his casting vote to the Noes.

                                   Clause No. 5 agreed to.

                                   Clause No. 6 read.

                          The Hon. R. D. Lawson moved on page 4, line 21, to leave out “$10 000 000” and insert “$5 000 000”.

                          Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 11

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

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, 3

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

                          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.

 

 

12.

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.

13.

The Minister for Emergency Services, by leave, tabled a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. Hill, M.P.) concerning Changes to the Native Vegetation Act.

 

Ministerial
Statement Tabled.

14.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 34 from the House of Assembly relating to the Pitjantjatjara Land Rights (Regulated Substances) Amendment Bill.

 

In the Committee

 

                          The Minister for Industry and Trade moved - That the amendments be agreed to.

                          Question - That Amendment No. 1 be agreed to - put and passed.

                          Question - That Amendment No. 2 be agreed to - put and negatived.

                          Question - That Amendment No. 3 be agreed to - put.

Pitjantjatjara Land
Rights (Regulated
Substances)
Amendment Bill.

 

             Committee divided:

Ayes, 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)

 

 

 

 

 

 

        So it passed in the negative.

 

Noes, 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)

 

 

____________________

 

                 The President resumed the Chair, and reported accordingly.

                 The Minister for Industry and Trade moved - That the Report be adopted.

                 The Hon. R. D. Lawson moved the Council resolve itself into a Committee of the Whole for the reconsideration of Amendment No. 1.

                 Question put.

 

 

             Council divided:

Ayes, 8

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

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 passed in the negative.

 

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. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

        And there being an equality of votes, the Chairperson gave his casting vote to the Noes.

                 The Hon. R. D. Lawson moved - That the debate on the motion of the Minister for Industry and Trade be adjourned - put.

 

 

             Council divided:

Ayes, 9

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. J.M.A. Lensink

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. R. D. Lawson (Teller)

        And 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. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

                 The debate was adjourned until next day of sitting.

 

 

15.

Ordered - That Orders of the Day (Government Business) No. 9 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

16.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 40 from the House of Assembly relating to the Correctional Services (Parole) Amendment Bill.

 

In the Committee

 

                                   Resolved - That the Amendments be disagreed to.

____________________

 

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

                 Ordered - That a Committee consisting of the Hon. I. Gilfillan, the Hon. A. J. Redford and the Minister for Industry and Trade be appointed to prepare Reasons for disagreeing to the amendments made by the House of Assembly.

                 The Minister for Industry and Trade brought up the Report of the Committee appointed to prepare Reasons for disagreeing to the Amendments of the House of Assembly, which was read by the Clerk as follows:

                          Because the Amendments of the House of Assembly are not appropriate.

                 Report adopted.

 

Correctional
Services (Parole)
Amendment Bill.

17.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Parliamentary Committees (Public Works) Amendment Bill.

 

In the Committee

 

                                   Clause No. 6 further considered, further amended and as otherwise amended, agreed to.

                          The Hon. R. D. Lawson moved on page 5, after line 37, to insert new clause as follows:

                                   “7—Amendment of section 24—Procedure at meetings

Section 24(2)(b)—after "four members" insert:

(at least one of whom must have been appointed to the Committee from the group led by the Leader of the Opposition in the Committee's appointing House, or either of the Committee's appointing Houses, as the case may be)”.

                          Question - That new clause No. 7, as proposed to be inserted by the Hon. R. D. Lawson, be so inserted - put.

Parliamentary
Committees
(Public Works)
Amendment Bill.

 

             Committee divided:

Ayes, 7

The Hon. J.S.L. Dawkins

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

 

 

        So it passed in the negative.

 

Noes, 9

The Hon. A. L. Evans

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. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

                                   Schedule No. 1 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.

 

 

18.

Ordered - That Orders of the Day (Government Business) No. 9 and No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

19.

On the Order of the Day being read for the adjourned debate on the question - That the Public Sector Management (Chief Executive Accountability) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until next day of sitting.

 

Public Sector
Management
(Chief Executive
Accountability)
Amendment Bill.

20.

Ordered - That Orders of the Day (Government Business) No. 9, No. 10, No. 13 and No. 14 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Fire and Emergency Services Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.

 

Fire and Emergency
Services Bill.

22.

Ordered - That Orders of the Day (Government Business) No. 16 and No. 17 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

23.

On the Order of the Day being read for the adjourned debate on the question - That the Occupational Health, Safety and Welfare (Safework SA) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.

 

Occupational Health,
Safety and Welfare
(Safework SA)
Amendment Bill.

24.

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

 

Postponement
of Business.

25.

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

Message No. 61

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Mining Act 1971, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 May 2005.                                                                                 R. B. SUCH, 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:
Mining (Royalty)
Amendment Bill.

 

26.

Council adjourned at three minutes to eleven o’clock until tomorrow 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. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo