SOUTH AUSTRALIA]

No. 26

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  4  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.

The Hon. R. D. Lawson brought up the Fourteenth Report, 2008-2009, of the Legislative Review Committee.

       

Legislative Review
Committee -
Fourteenth Report,
2008-2009.

 

    3.

The following Paper was laid upon the Table, viz.:

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

                 The State of Public and Environmental Health - Report, 2007-2008.

 

Paper.

    4.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Minister for Correctional Services (The Hon. T. Koutsantonis, M.P.) concerning a Significant Prison Expansion.

 

Ministerial
Statement Tabled.

   5.

The Minister for Mineral Resources Development (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable him to move a motion without notice concerning the appointment of a Member on the Statutory Officers Committee.

                 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.

 

     

                 The Minister for Mineral Resources Development then moved - That pursuant to section 21(3) of the Parliamentary Committees Act 1991, the Hon. J. A. Darley be appointed to the Statutory Officers Committee in place of the Hon. S. M. Kanck, resigned.

                 Question put and passed.

 

Statutory Officers
Committee -
Substitution of
Member.

 

   6.

In accordance with Standing Orders, the President called on Members to make Statements on Matters of Interest.

Statements on
Matters of Interest.

 

                 During her statement, the Hon. A. M. Bressington tabled two volumes of research studies relating to Paediatric Forensic Pathology.

 

Documents Tabled.

   7.

The Hon. R. L. Brokenshire, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to establish the Independent Commission Against Corruption; to define its functions and powers; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. L. Brokenshire then moved - That this Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 25 March 2009.

 

Independent
Commission Against
Corruption Bill.

   8.

Ordered - That Notices of Motion (Private Business) No. 2 and No. 3 be Orders of the Day for Wednesday, 25 March 2009.

 

Postponement
of Business.

   9.

The Hon. R. D. Lawson, pursuant to notice, moved - That the General Regulations under the Passenger Transport Act 1994, made on 22 January 2009 and laid on the Table of this Council on 3 February 2009, be disallowed.

                 And the Hon. R. D. Lawson having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 25 March 2009.

 

Passenger Transport
Act - Regulations -
General - Motion
for Disallowance of.

10.

The Hon. A. M. Bressington, pursuant to notice, moved - That the Legislative Council commemorates the 15th Anniversary of the passing of Sergeant Geoffrey Bowen in the bombing of the NCA Headquarters on 2 May 1994 and prays that the person/persons responsible are brought to account for their actions.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 25 March 2009.

 

Sergeant Geoffrey
Bowen -
Motion re.

11.

The Hon. D.G.E. Hood, pursuant to notice, moved - That this Council notes that fair and accurate debate is important to the Parliamentary process.

                 And the Hon. D.G.E. Hood having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 25 March 2009.

 

Fair and Accurate
Debate -
Motion re.

12.

The Hon. J. A. Darley, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Electricity Act 1996.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. J. A. Darley then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 25 March 2009.

 

Electricity
(Compensation
for Blackouts)
Amendment Bill.

13.

The Hon. D. W. Ridgway, pursuant to notice, moved - That this Council recognises that the Armenian Genocide is one of the greatest crimes against humanity and -

    I.      joins the members of the Armenian-Australian community in honouring the memory of the innocent men, women and children who fell victim to this genocide;

   II.      condemns the genocide of the Armenians and all other acts of genocide as the ultimate act of racial, religious and cultural intolerance;

III.      recognises the importance of remembering and learning from such dark chapters in human history to ensure that such crimes against humanity are not allowed to be repeated;

IV.      acknowledges the significant humanitarian contribution made by the people of South Australia to the victims and survivors of the Armenian Genocide; and

   V.      calls on the Commonwealth Government to officially condemn the genocide of the Armenians.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 25 March 2009.

 

Armenian
Genocide -
Motion re.

14.

The Hon. D. N. Winderlich, pursuant to notice, moved - That this Council -

    I.      Notes that economists and environmentalists are claiming that flaws in the Rudd Government Carbon Pollution Reduction Scheme will mean that initiatives by State and local government, and the installation of solar panels by households, will not reduce greenhouse emissions; and

   II.      Calls on the Premier, Mike Rann, to seek an assurance from the Prime Minister, Kevin Rudd, that his Carbon Pollution Reduction Scheme will not undermine the efforts of the South Australian Government, South Australian Councils and South Australian households to cut greenhouse pollution.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 25 March 2009.

 

Carbon Pollution
Reduction Scheme -
Motion re.

15.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 3 be Orders of the Day for Wednesday, 25 March 2009.

 

Postponement
of Business.

16.

Ordered - That Order of the Day (Private Business) No. 4 be discharged.

 

Business
Discharged.

17.

Ordered - That Orders of the Day (Private Business) No. 5 to No. 16 be Orders of the Day for Wednesday, 25 March 2009.

 

Postponement
of Business.

18.

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.

 

19.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Genetically Modified Crops Management Act 2004.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. M. C. Parnell then moved - That this Bill be now read a second time.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 25 March 2009.

 

Genetically
Modified Crops
Management
(Right to Damages)
Amendment Bill.

20.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Roxby Downs (Indenture Ratification) Act 1982.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. M. C. Parnell then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 25 March 2009.

 

Roxby Downs
(Indenture
Ratification)
(Olympic Dam
Expansion)
Amendment Bill.

21.

Ordered - That Orders of the Day (Private Business) No. 19 and No. 20 be Orders of the Day for Wednesday, 25 March 2009.

 

Postponement
of Business.

  22.

On the Order of the Day being read for the adjourned debate on the question - That the Interim Report of the Environment, Resources and Development Committee on Desalination (Port Stanvac) be noted:

                 Debate resumed.

                 On motion of The Hon. C. Zollo, the debate was adjourned until Wednesday, 25 March 2009.

 

Environment,
Resources and
Development
Committee -
Interim Report on
Desalination (Port
Stanvac) be noted - Motion re.

23.

On the Order of the Day being read for the adjourned debate on the question - That the Child Sex Offenders Registration (Registration of Internet Activities) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Child Sex Offenders
Registration
(Registration of
Internet Activities)
Amendment Bill.

  24.

On the Order of the Day being read for the adjourned debate on the question - That the Report of the Select Committee on the Impact of Peak Oil on South Australia, be noted:

                 Debate resumed.

                 Question put and passed.

 

Select Committee on
Impact of Peak Oil
on South Australia -
Report, be noted -
Motion re.

 

25.

Ordered - That Orders of the Day (Private Business) No. 24 and No. 25 be Orders of the Day for Wednesday, 25 March 2009.

 

Postponement
of Business.

26.

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

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 25 March 2009.

 

Environment
Protection
(Pulp Mills)
Amendment Bill.

27.

Ordered - That Orders of the Day (Private Business) No. 27 to No. 29 be Orders of the Day for Wednesday, 25 March 2009.

 

Postponement
of Business.

28.

On the Order of the Day being read for the adjourned debate on the question - That the Interim Report of the Select Committee on Families SA, be noted:

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 25 March 2009.

 

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

29.

Ordered - That Orders of the Day (Private Business) No. 31 to No. 43 be Orders of the Day for Wednesday, 25 March 2009.

 

Postponement
of Business.

30.

The Hon. R. L. Brokenshire, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Education Act 1972.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. L. Brokenshire then moved - That this Bill be now read a second time.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 25 March 2009.

 

Education
(Ombudsman and
School Discipline)
Amendment Bill.

31.

Ordered - That all remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday, 25 March 2009.

 

Postponement
of Business.

  32.

Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration after Order of the Day (Government Business) No. 2.

 

Postponement
of Business.

33.

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. C. Zollo, the debate was adjourned until next day of sitting.

 

Equal Opportunity
(Miscellaneous)
Amendment Bill.

34.

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. B. V. Finnigan, 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.

35.

Ordered - That Order of the Day (Government Business) No. 3 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

36.

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.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Native Vegetation
(Miscellaneous)
Amendment Bill.

37.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  38.

The Minister for Mineral Resources Development, according to order, moved - That the Public Sector Management (Consequential) Amendment Bill be now read a second time.

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

 

Public Sector
Management
(Consequential)
Amendment Bill.

 

39.

The Minister for State/Local Government Relations, according to order, moved - That the Crown Land Management Bill be now read a second time.

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

 

Crown Land
Management Bill.

40.

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

Message No. 37

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Reproductive Technology (Clinical Practices) Act 1988, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Messages from
House of Assembly:

Reproductive
Technology
(Clinical Practices)
(Miscellaneous)
Amendment Bill.

 

Message No. 38

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Mount Gambier Hospital Hydrotherapy Pool Fund Bill, without any amendment.

House of Assembly, 4 March 2009.                                                                 J. J. SNELLING, Speaker.

 

Mount Gambier
Hospital

Hydrotherapy Pool
Fund Bill.

 

Message No. 39

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959, the Rail Safety Act 2007 and the Road Traffic Act 1961, without any amendment.

House of Assembly, 4 March 2009.                                                                 J. J. SNELLING, Speaker.

 

Statutes
Amendment
(Transport
Portfolio  -
Alcohol and Drugs) Bill.

 

41.

Council adjourned at one minute past ten 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