SOUTH AUSTRALIA]

No. 43

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  4  MARCH  2008

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. K. Sneath) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

    2.

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

        By the President -

                 District Council of Orroroo/Carrieton - Report, 2006-2007.

        By the Minister for Police (The Hon. P. Holloway) -

                 South Australian Superannuation Scheme Actuarial Report, 30 June 2007.

                 Regulations under the following Act -

                          Freedom of Information Act 1991 - Exempt Agency.

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

                 Regulations under the following Acts -

                          Primary Industry Funding Schemes Act 1998 -

                                   Adelaide Hills Wine Industry Fund.

                                   Langhorne Creek Wine Industry Fund.

                                   Riverland Wine Industry Fund.

        By the Minister for Environment and Conservation (The Hon. G. E. Gago) -

                 Local Government Grants Commission - Report, 2006-2007.

                 Regulations under the following Act -

                          Radiation Protection and Control Act 1982 -

                                   Cosmetic Tanning Units.

                                   Non-ionising Radiation.

 

Papers.

    3.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Lending Institutions and Mitsubishi Workers.

 

Ministerial
Statement Tabled.

   4.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. M. C. Parnell to ask a question of the Minister for Environment and Conservation and for her to complete her reply.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Suspension of
Standing  Orders.

    5.

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

 

Postponement
of Business.

 

   6.

The Minister for Police, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984; and to make a related amendment to the Summary Offences Act 1953.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Police then moved - That this Bill be now read a second time.

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

 

Controlled
Substances (Drug
Detection Powers)
Amendment Bill.

    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. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business
.

 

    9.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 69 from the House of Assembly relating to the Legal Profession Bill.

 

In the Committee

 

                 Resolved - That the Council insists on its amendments No. 1, No. 13, No. 14, No. 15 and No. 16.

                 Resolved - That the Council insists on its amendments No. 2 to No. 12 and No. 17.

_____________________

 

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

 

Legal Profession
Bill.

  10.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Criminal Law (Sentencing) (Victims of Crime) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. J. A. Darley moved on page 4, lines 24 to 28, to leave out the definitions of “prescribed summary offence” and “total incapacity” and insert:

prescribed summary offence means a summary offence that has caused the death of, or serious harm to, a person;

serious harm means—

(a)     harm that endangers, or is likely to endanger, a person's life; or

(b)    harm that consists of, or is likely to result in, 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, or is likely to result in, serious disfigurement.”.

                 Question - That the amendment be agreed to - put.

Criminal Law
(Sentencing)
(Victims of Crime) Amendment Bill.

 

 

             Committee divided:

Ayes, 13

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. J. A. Darley (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                          Clause No. 6, as amended, agreed to.

                          Clause No. 7 agreed to.

                 The Hon. J. A. Darley moved on page 5, after line 18, to insert new clause 7A as follows:-

             7A—Insertion of section 44A

     Before section 45 insert:

44A—Assistance to victims etc

         (1)    If—

      (a)       a court intends to—

       (i)       impose a sentence of community service on a person in respect of an offence; or

      (ii)       include a condition requiring the performance of community service in a bond imposed on a person in respect of an offence; and

      (b)      the court is advised by a victim of the offence, or by the prosecution on behalf of a victim of the offence, that the victim would like the defendant to be required to perform community service in accordance with this section,

the court may order that the community service, or a specified number of hours of the community service, consist of projects or tasks—

      (c)       for the benefit of the victim; or

      (d)      of a kind requested by the victim.

      (2)       If a court refuses to make an order under this section, the court should state the reasons for that refusal.

      (3)       If a court makes an order under this section in relation to a person, the community corrections officer to whom the person is assigned must consult with the victim before issuing any directions requiring the person to perform projects or tasks.

      (4)       This section does not apply in relation to the performance of community service by a youth.1

Note—

1        See Young Offenders Act 1993 section 51(1) which provides that work selected for the performance of community service under that Act must be for the benefit of specified persons and bodies, including the victim of the offence.”.

             Question - That new clause 7A, as proposed to be inserted, be so inserted - put.

 

 

             Committee divided:

Ayes, 12

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. J. A. Darley (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. A. M. Bressington

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                          New clause No. 7A inserted.

                          Clause No. 8 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 Police, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

11.

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

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Environment
Protection (Board of
Authority)
Amendment Bill.

 

  12.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

  13.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Rape and Sexual Offences) 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.

 

Criminal Law
Consolidation
(Rape and Sexual
Offences)
Amendment Bill.

 

 

  14.

On the Order of the Day being read for the adjourned debate on the question - That the Serious and Organised Crime (Control) Bill be now read a second time:

                 Debate resumed.

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

 

Serious and
Organised Crime
(Control) Bill.

 

 

15.

Ordered - That Order of the Day (Government Business) No. 8 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

16.

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

Message No. 71

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Criminal Law Consolidation Act 1935 and the Summary Offences Act 1953, to which it desires the concurrence of the Legislative Council.

House of Assembly, 27 February 2008.                                                              J. J.  SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Police then moved - That this Bill be now read a second time.

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

 

Messages from
House of Assembly:
Statutes Amendment
(Public Order
Offences) Bill.

 

     

Message No. 72

                 MR. PRESIDENT - The House of Assembly agreed to Amendments Nos. 3, 4, 6 and 8 made by the Legislative Council in the Senior Secondary Assessment Board of South Australia (Review) Amendment Bill, without any amendment; and has disagreed to Amendments Nos. 1, 2, 5, 7 and 9 to 13 as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 4 March 2008.                                                                     J. J. SNELLING, Speaker.

 

Senior Secondary
Assessment Board of
South Australia
(Review)
Amendment Bill .

 

 

Schedule of the amendments made by the Legislative Council

to which the House of Assembly has disagreed

Amendment No. 1–

Clause 6, page 3, lines 24 to 29—

Delete subclause (3) and substitute:

      (3)       Section 4(1), definition of employing authority—delete the definition

Amendment No. 2–

Clause 6, page 4, lines 2 to 5—

Delete subsection (2)

Amendment No. 5–

Clause 11, page 7, lines 1 to 5—

Delete subsections (3) and (4) and substitute:

      (3)       The Chief Executive Officer will be appointed by the Board on terms and conditions determined by the Board.

      (4)       However—

      (a)       the Board may not appoint a person under subsection (3) without the approval of the Minister; and

      (b)      the terms and conditions of the appointment of a person under subsection (3) must be approved by the Minister.

Amendment No. 7–

Clause 14, page 9, lines 38 to 40—

Delete subparagraph (i) and substitute:

       (i)       to provide information to the Minister, or to any entity within a school education sector approved by the Minister for the purposes of this provision; and

Amendment No. 9–

Clause 14, page 10, after line 32—

Insert:

     (ca)      must not, when providing information to another entity under subsection (1)(m)(i), provide information that identifies a particular school or student; and

Amendment No. 10–

Clause 14, page 10, lines 36 to 38—

Delete subsection (4)

Amendment No. 11–

Clause 16, page 11, lines 10 to 28—

Leave out the clause

Amendment No. 12–

New clause, page 11, after line 28—

Insert:

16A—Substitution of section 18

Section 18—delete the section and substitute:

18—Staff

(1)     The Board may, with the approval of the Minister and on such conditions as it thinks fit, engage such employees as are necessary to assist it in carrying out its functions under this Act.

(2)     The Board may, under an arrangement established by the Minister administering an administrative unit, make use of the services or staff of that administrative unit.

Amendment No. 13–

Schedule 1, clause 3, lines 20 to 24—

Delete clause 3 and substitute:

3—Staff

(1)       Subject to this clause, a person who, immediately before the commencement of this clause, was employed by the employing authority under section 18 of the Senior Secondary Assessment Board of South Australia Act 1983 (before the substitution of that section by this Act) will, on that commencement, be taken to be employed by the Board under that Act.

(2)       An employment arrangement effected by subclause (1)—

(a)     will be taken to provide continuity of employment without termination of the relevant employee's service; and

(b)     will not affect—

(i)       existing conditions of employment or existing or accrued rights to leave; or

(ii)      a process commenced for variation of those conditions or rights.

M. LEHMAN, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on the next day of sitting.

 

 

 

 

Message No. 73

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Health Care Bill, without amendment.

House of Assembly, 4 March 2008.                                                                     J. J. SNELLING, Speaker.

 

Health Care Bill.

 

     

Message No. 74

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Criminal Law Consolidation Act 1935, to which it desires the concurrence of the Legislative Council.

House of Assembly, 4 March 2008.                                                                    J. J.  SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Police then moved - That this Bill be now read a second time.

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

 

Criminal Law
Consolidation
(Double Jeopardy)
Amendment Bill.

 

  17.

Council adjourned at ten 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. J.S.L. Dawkins

The Hon. J. A. Darley

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

 

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

 

The Hon. M. C. Parnell

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo