SOUTH AUSTRALIA]

No. 67

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  3  DECEMBER  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.

The Minister for Mineral Resources Development (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 Statutes Amendment (Victims of Crime) Bill.

                 Question put and passed.

 

Statutes Amendment
(Victims of Crime)
Bill.

   3.

The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

   4.

The Minister for Mineral Resources Development, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Mining Act 1971.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Mineral Resources Development then moved - That the Bill be now read a second time.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Mining
(Miscellaneous)
Amendment Bill.

   5.

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

 

Postponement
of Business.

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Anangu Pitjantjatjara Yankunytjatjara Land Rights (Mintabie) Amendment 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.

 

Anangu Pitjantjatjara Yankunytjatjara Land Rights (Mintabie) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 5 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.

 

 

   7.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. D. N. Winderlich - That this Council -

       I.      Notes with serious concern that -

(a)     Seven Baha’i community members in Iran have been charged with spying, insulting religious sanctities and propaganda against the Islamic Republic, and that these charges could attract the death penalty;

(b)     The Baha’i detainees have not been given any access to legal representation and have not been subject to due legal process;

      II.      Calls on Iran to respect rights to freedom of religion and the peaceful exercise of freedom of expression and association, in accordance with international human rights conventions; and

III.Calls on Iran to release the seven Baha’i detainees without delay:

Iranian Baha’i
Detainees -
Motion re.

 

 

                 Debate resumed.

                 The Hon. D. W. Ridgway moved to amend the motion in paragraph I(a) by inserting “reportedly” before the words “charged with spying” and by leaving out paragraph I(b) and inserting the following:

“(b)   The Baha’i detainees are reported to have not been given any access to legal representation and the concerns expressed that they have not been subject to due legal process;”.

                 Question - That the amendments be agreed to - put and passed.

                 Question - That the Motion, as amended, be agreed to - put and passed.

 

 

   8.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. V. Schaefer - That the Report of the Select Committee on Families SA be noted:

                 Question put and passed.

 

Select Committee on
Families SA -
Report be noted -
Motion re.

 

   9.

Ordered - That Order of the Day (Private Business) No. 3 be an Order of the Day for Wednesday, 13 January 2010.

 

Postponement
of Business.

10.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. D. N. Winderlich -

       I.      That this Council -

(a)     Notes general community concern about the influence of the Australian Labor Party on the elected members of the City of Charles Sturt, including -

     i.      the fact that 12 of the 17 Councillors are members of the Australian Labor Party;

    ii.      the fact that 3 Councillors are employed by Labor Members of Parliament; and

   iii.      the influence of the Member for Croydon on elected members of Council.

(b)     Notes specific concerns about the potential for conflict of interest in the revocation of the community status of land at St. Clair arising from -

     i.      the fact that the revocation of land is essential to the policy objectives of the State Labor Government;

    ii.      the fact that the decision making process followed by the Council will be assessed by a Labor Minister; and

   iii.      the lack of any strategy adopted by the City of Charles Sturt to manage potential conflicts of interest arising from the role played by ALP members in that Council.

      II.      The Legislative Council therefore refers the following matters to the Ombudsman, pursuant to section 14 of the Ombudsman’s Act 1972, for investigation and report -

(a)     The potential for actual conflict of interest of elected members of the City of Charles Sturt in relation to revoking the community status of land at St. Clair as per section 73 of the Local Government Act;

(b)     The extent to which the City of Charles Sturt met its obligations under section 48 of the Local Government Act to manage the risk of conflict of interest associated with the revocation of the community status of land at St. Clair; and

(c)     Any other relevant matter:

                 Debate resumed.

                 Question - That the motion be agreed to - put and passed.

 

City of
Charles Sturt -
Motion re.

11.

Ordered - That Order of the Day (Private Business) No. 5 be an Order of the Day for Wednesday, 13 January 2010.

 

Postponement
of Business.

12.

On the Order of the Day being read for the adjourned debate on the question - That the Victims of Crime (Abuse in State Care) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned and ordered to be resumed on motion.

 

Victims of Crime
(Abuse in
State Care)
Amendment Bill.

13.

The Minister for Mineral Resources Development reported as follows:

                 I have to report that the Managers have been to the Conference on the Statutes Amendment (Victims of Crime) Bill which was managed on behalf of the House of Assembly by the Attorney-General (The Hon. M. J. Atkinson), Ms. V. A. Chapman, Ms. V. Ciccarello, and Messrs T. R. Kenyon and M. R. Williams and they there received from the Managers on behalf of the House of Assembly the Bill and the following Resolution adopted by the House:-

                 That the House of Assembly insists on its disagreement to the Amendments of the          Legislative Council.

                 And thereupon the Managers for the two Houses conferred together, and it was agreed that we should recommend to our respective Houses -

As to Amendment No. 1

That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

Clause 6, page 4, lines 19 and 20 [clause 6(6), inserted subsection (5), definition of prescribed summary offence]

         Delete the definition of prescribed summary offence and substitute:

         prescribed summary offence means

(a)     a summary offence that results in the death of a victim or a victim suffering total incapacity; or

(b)    a summary offence (other than a summary offence of assault) that results in a victim suffering serious harm;

         serious harm means

(a)     harm that endangers a person’s life; or

(b)    harm that consists of loss of, or serious and protracted impairment of, a part of the body or a physical or mental function; or

(c)     harm that consists of serious disfigurement;

And that the House of Assembly agrees thereto.

As to Amendment No. 3

That the Legislative Council no longer insist on its amendment.

As to Amendment No. 6

That the Legislative Council no longer insist on its amendment.”.

                 Ordered - That the President do now leave the Chair and the Council resolve itself into a Committee of the Whole for the consideration of the Recommendations of the Conference.

 

Statutes Amendment
(Victims of Crime)
Bill.

 

In the Committee

 

                          Resolved - That the Recommendations of the Conference be agreed to.

_____________________

 

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

 

 

14.

At eight minutes past one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

Suspension and
Resumption of
Sitting.

15.

The Clerk announced that the following Petitions had been lodged for presentation:

                 By the Hon. R. L. Brokenshire from 10 residents of South Australia, concerning John Knox Church and Schoolhouse. The Petitioners pray that this Honourable House will -

1.       Take immediate action to acquire the John Knox precinct;

2.       Partner with the Onkaparinga Council to determine a use for the John Knox precinct as a public asset, and thereby -

3.       Return the John Knox precinct to the people of Morphett Vale and the wider South Australian community.

Petitions:
No. 32 -
John Knox Church
and Schoolhouse.

     

                 By the Hon. J. M. Gazzola from 16 residents of South Australia, concerning the Practice of the Physiotherapy Board of South Australia in allowing unregulated treatment.  The Petitioners pray that this Honourable House will convey the community’s desire for an independent body to investigate and recommend appropriate action to the Premier, Mike Rann.

No. 33 -
Physiotherapy Board
and Unregulated
Treatment.

 

                 By the Hon. M. C. Parnell from 4,816 residents of South Australia, concerning steeplechase and hurdle racing.  The Petitioners pray that this Honourable House will urge the Government to prohibit steeplechase and hurdle racing.

 

No. 34 -
Steeplechase and
Hurdle Racing.

16.

The President made the following statement:

                 I have to inform the House of the sad passing of Ashley Marshall on 2 December 2009, aged 67 years.  Ashley joined the Office of Parliamentary Counsel in 1970 and provided a legislative drafting service to the Parliament for 32 years until her retirement in 2002.  During her many years of service to the Parliament, Ashley showed immense courage in overcoming the disabilities which she faced in being confined to a wheelchair.  She influenced the form of this State’s legislation in many significant areas, including in relation to pastoral land, soil conservation, medical and dental practice, controlled substances, criminal law, correctional services, gaming machines, lottery and gaming and expiation of offences.  Her sharp mind and dedication served the Parliament well.

                 In addition, Ashley served as Commissioner of Statute Revision from the mid 1980’s until her retirement and was instrumental in establishing the reprint program for Acts and its scheme of detailed legislative histories. 

                 I am sure Members and Staff who knew Ashley will be sorry to learn of her passing and join with me in expressing our deepest sympathy to her relatives and friends.

 

President’s
Statement -
Death of
Ms
. Ashley Marshall.

  17.

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

        By the Minister for Mineral Resources Development -

                 Reports, 2008-2009 -

                          Australian Energy Market Commission.

                          Department of Justice incorporating the Attorney-General’s Department.

                          Land Management Corporation - Addendum.

                          Legal Practitioners Conduct Board.

                 Review of the Climate Change and Greenhouse Emissions Reduction Act 2007 - Report, 2009.

                 Water Resources Management in the Murray-Darling Basin: Critical Water Allocations in South Australia - Response to Report by the Natural Resources Committee.

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

                 Department of Planning and Local Government - Report, 2008-2009.

                      Ordered - That the Report be printed.  (Paper No. 166)

                 Proposal to establish a Super School at State Sports Park, Briens Road, Gepps Cross.

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

                 Adelaide and Mount Lofty Ranges, Eyre Peninsula, Kangaroo Island, Northern and Yorke, South Australian Arid Lands and South Australian Murray Darling Basin Natural Resources Management Boards - Response to Reports relating to Levy Proposals for 2009-2010.

                 Trustee (Charitable Trusts) Amendment Bill 2009 - Draft Report and Amendment Bill.

 

Papers.

  18.

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 the Review of South Australia’s Climate Change and Greenhouse Emissions Reduction Act 2007.

 

Ministerial
Statement Tabled.

  19.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Treasurer (The Hon. K. O. Foley, M.P.) concerning 2010-2011 Water Prices

 

Ministerial
Statement Tabled.

  20.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Review of the Easling Trial, together with a copy of the Review.

 

Ministerial
Statement and
Document Tabled.

  21.

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 Draft Amendments to the Trustee Act 1935.

 

Ministerial
Statement Tabled.

  22.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health concerning Swine Flu Vaccinations being Approved for Children.

 

Ministerial
Statement Tabled.

23.

The following Messages from the House of Assembly were received and read:

Message No. 137

                 MR. PRESIDENT - The House of Assembly has agreed to the Amendment Nos. 3 and 4 made by the Legislative Council in the Statutes Amendment (Children’s Protection) Bill, without any amendment; has disagreed to Amendment Nos. 1 and 2 and has made an alternative amendment in lieu thereof as indicated in the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.  The Bill is returned herewith.

House of Assembly, 3 December 2009.                                                           J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Statutes Amendment
(Children’s
Protection) Bill.

 

Schedule of Amendments Nos. 1 and 2 made by the Legislative Council

to which the House of Assembly has disagreed and made an alternative amendment

Legislative Council’s Amendment No. 1–

Clause 12, page 6, line 30 [clause 12, inserted section 99AAC(2)(c)(ii)(b)]—

Delete "and" and substitute:

or

Legislative Council’s Amendment No. 2–

Clause 12, page 6, after line 30 [clause 12, inserted section 99AAC(2)(c)]—

After subparagraph (ii) insert:

(iii)        the Court is otherwise satisfied that it is not in the best interests of the child for the child to reside with the defendant; and

 

Schedule of the Alternative Amendment made by the House of Assembly

House of Assembly’s Alternative Amendment–

Clause 12, page 6, line 27 [clause 12, inserted section 99AAC(2)(c)(ii)(A)]—

After "sexual abuse" insert:

or physical, psychological or emotional abuse or neglect

M. LEHMAN, Clerk of the House of Assembly.

 

 

                 Ordered - That the message be taken into consideration forthwith.

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

 

 

 

In the Committee

 

                 Resolved - That Amendments Nos. 1 and 2 be not insisted on and the alternative amendment be agreed to.

_____________________

 

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

 

 

 

Message No. 138

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to refer certain financial matters relating to the breakdown of certain relationships to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 December 2009.                                                           J. J. SNELLING, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be postponed and taken into consideration on motion.

 

Commonwealth
Powers (De Facto
Relationships) Bill.

 

Message No. 139

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Classification (Publications, Films and Computer Games) Act 1995, without any amendment.

House of Assembly, 3 December 2009.                                                           J. J. SNELLING, Speaker.

 

Classification
(Publications,
Films and
Computer Games)
(R 18+ Films)
Amendment Bill.

24.

Ordered - That the adjourned debate on the question - That the Victims of Crime (Abuse in State Care) Amendment Bill be now read a second time - be now resumed.

                 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.

 

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 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.

 

Victims of Crime
(Abuse in State
Care) Amendment
Bill.

25.

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

 

Postponement
of Business.

26.

Ordered - That Order of the Day (Private Business) No. 8 be an Order of the Day for Wednesday, 13 January 2010.

 

Postponement
of Business.

27.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. C. Parnell - That this Council -

        I.      Notes the formation in South Australia of a Water Action Coalition of community groups and individuals calling for ecologically sustainable water management in this State;

      II.      Notes the proclamation issued by the Water Action Coalition in a rally on the steps of this Parliament on 10 October 2009; and

     III.      Agrees with the request made in the proclamation for an urgent public inquiry into water management in South Australia and calls on the Government to implement this inquiry without delay:

                 Debate resumed.

                 Question - That the motion be agreed to - put.

Water Action
Coalition -
Motion re.

 

             Council divided:

Ayes, 6

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. D.G.E. Hood

The Hon. D. N. Winderlich

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

         So it passed in the negative.

 

 

Noes, 12

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. I. K. Hunter (Teller)

 

28.

Ordered - That Order of the Day (Private Business) No. 10 be an Order of the Day for Wednesday, 13 January 2010.

 

Postponement
of Business.

  29.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J. A. Darley - That the Regulations under the Valuation of Land Act 1971 concerning Fees and Allowances, made on 27 August 2009 and laid on the Table of this Council on 8 September 2009, be disallowed:

                 Debate resumed.

Valuation of Land
Act - Regulations -
Fees and
Allowances -
Motion for
Disallowance of.

 

                 Ordered - That the Order of the Day be discharged.

 

Order of the Day
 discharged.

 

30.

On the Order of the Day being read for the adjourned debate on the question - That the Constitution (Fixed Session Preceding Election) Amendment 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.

 

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 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.

 

Constitution
(Fixed Session
Preceding Election)
Amendment Bill.

31.

Ordered - That the second reading of the Commonwealth Powers (De Facto Relationships) Bill be taken into consideration forthwith.

                 The Hon. S. G. Wade then moved - That the Bill be now read a second time.

                 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.

                 Debate ensued.

                 Question - That the Bill be now read a second time - 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.

 

Commonwealth
Powers (De Facto
Relationships) 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

32.

Ordered - That Orders of the Day (Private Business) No. 13 to No. 17 be Orders of the Day for Wednesday, 13 January 2010.

 

Postponement
of Business.

33.

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

 

In the Committee

 

                          Clauses No. 1 to No. 7 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.

 

Subordinate
Legislation
(Miscellaneous)
Amendment Bill.

34.

Ordered - That Orders of the Day (Private Business) No. 19 and No. 20 be Orders of the Day for Wednesday, 13 January 2010.

 

Postponement
of Business.

35.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. S. G. Wade - That the General Regulations under the Public and Environmental Health Act 1987 concerning Control of Refuse, made on 17 September and laid on the Table of this Council on 22 September 2009, be disallowed:

                 Debate resumed.

Public and
Environmental
Health Act -
Regulations -
Control of Refuse -
Motion for
Disallowance of.

 

                 Ordered - That the Order of the Day be discharged.

 

Order of the Day
 discharged.

 

36.

The following Messages from the House of Assembly were received and read:

Message No. 140

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Building and Construction Industry Security of Payment Bill, without any amendment.

House of Assembly, 3 December 2009.                                                           J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Building and
Construction
Industry Security
of Payment Bill.

 

Message No. 141

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the River Torrens Linear Park Act 2006, without any amendment.

House of Assembly, 3 December 2009.                                                           J. J. SNELLING, Speaker.

 

River Torrens
Linear Park
(Linear Parks)
Amendment Bill.

 

Message No. 142

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Local Government Act 1999, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 3 December 2009.                                                           J. J. SNELLING, Speaker.

 

Local Government
(Accountability
Framework)
Amendment Bill.

 

Schedule of the Amendment made by the House of Assembly

Clause 27, page 14, lines 5 to 40, page 15, lines 1 to 18—

Delete subclauses (2), (3) and (4).

M. LEHMAN, Clerk of the House of Assembly.

 

 

                 Ordered - That the Message be taken into consideration forthwith.

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

 

In the Committee

 

                 Resolved - That the amendment be agreed to.

_____________________

 

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

 

 

37.

Ordered - That Order of the Day (Private Business) No. 22 be an Order of the Day for Wednesday, 13 January 2010.

 

Postponement
of Business.

38.

On the Order of the Day being read for the adjourned debate on the question - That the Workers Rehabilitation and Compensation (Income Maintenance) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question - That the Bill be now read a second time - put.  

Workers
Rehabilitation and
Compensation
(Income Maintenance)
Amendment Bill.

 

             Council divided:

Ayes, 5

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. D.G.E. Hood

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

         So it passed in the negative.

 

Noes, 12

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. B. V. Finnigan (Teller)

 

 

                 Second reading negatived.

 

 

39.

Ordered - That Orders of the Day (Private Business) No. 24 and No. 25 be Orders of the Day for Wednesday, 13 January 2010.

 

Postponement
of Business.

40.

On the Order of the Day being read for the adjourned debate on the question - That the Consent to Medical Treatment and Palliative Care (Parental Consent) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for Wednesday, 13 January 2010.

 

Consent to Medical
Treatment and
Palliative Care
(Parental Consent)
Amendment.

41.

Ordered - That Orders of the Day (Private Business) No. 27 to No. 35 be Orders of the Day for Wednesday, 13 January 2010.

 

Postponement
of Business.

42.

On the Order of the Day being read for the adjourned debate on the question - That the National Parks and Wildlife (Ban on Hunting Protected Animals) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put.

                 Council proceeded to divide, and there being only one vote for the Ayes the President declared that the Division could not proceed.

                 Second reading negatived.

 

National Parks
and Wildlife
(Ban on Hunting
Protected Animals)
Amendment Bill.

43.

Ordered - That Orders of the Day (Private Business) No. 37 to No. 52 be Orders of the Day for Wednesday, 13 January 2010.

 

Postponement
of Business.

44.

On the Order of the Day being read for the adjourned debate on the question - That the Workers Rehabilitation and Compensation (Changes to Scheme Review Provisions) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and negatived.

                 Second reading negatived.

 

Workers
Rehabilitation and
Compensation
(Changes to Scheme
Review Provisions)
Amendment Bill.

45.

Ordered - That Orders of the Day (Private Business) No. 54 to No. 71 be Orders of the Day for Wednesday, 13 January 2010.

 

Postponement
of Business.

46.

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

Message No. 143

                 MR. PRESIDENT - The House of Assembly, having considered the recommendations of the Conference on the Statutes Amendment (Victims of Crime) Bill, has agreed to the same.

House of Assembly, 3 December 2009.                                                           J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Statutes Amendment
(Victims of Crime)
Bill.

47.

Ordered - That the adjourned debate on the motion of the Hon. D. W. Ridgway - That this Council recognises the contribution of the Hon. C. V. Schaefer and the Hon. R. D. Lawson to the Parliament and the community of South Australia - be now resumed.

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

 

The Hon.
C. V. Schaefer
and the Hon.
R. D. Lawson -
Motion re.

48.

The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable the sitting of the Council to be extended beyond 6.30 p.m. to enable the Business of the Day to be concluded.

                 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.

49.

Ordered - That the adjourned debate on the motion of the Hon. D. W. Ridgway - That this Council recognises the contribution of the Hon. C. V. Schaefer and the Hon. R. D. Lawson to the Parliament and the community of South Australia - be now resumed.

                 Debate resumed.

                 Question - That the Motion be agreed to - put and passed.

 

The Hon.
C. V. Schaefer
and the Hon.
R. D. Lawson -
Motion re.

50.

The Minister for Mineral Resources Development, by leave, without notice, moved - That the Council, at its rising, do adjourn until Tuesday, 12 January 2010, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day
of Sitting.

51.

Council adjourned at twenty five minutes to eight o’clock until Tuesday, 12 January 2010, 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