SOUTH AUSTRALIA]

No. 40

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

MONDAY  4  APRIL  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.

Answers to Questions on Notice Nos. 244, 250, 261, 262, 265, 266, 275, 282 to 289 and 291 to 304 of last Session and Nos. 5, 7 to 23, 29 and 173 to 175 of this Session received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

    3.

The President laid upon the Table the Police Complaints Authority Report, 2003-2004.

 

Paper.

   4.

The Hon. R. K. Sneath brought up the Report of the Natural Resources Committee on Eastern Mount Lofty Ranges Catchment Area.

 

Natural Resources
Committee - Report
on Eastern Mount
Lofty Ranges
Catchment Area.

 

   5.

The Minister for Industry and Trade (The Hon. P. Holloway) tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning a Government Reward Offer.

 

Ministerial
Statement Tabled.

   6.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for Police (The Hon. K. O. Foley, M.P.) concerning Investigations by the Anti-Corruption Branch.

 

Ministerial
Statement Tabled.

   7.

The Minister for Emergency Services (The Hon. C. Zollo) tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning the Position of a Women’s Health Worker on Kangaroo Island.

 

Ministerial
Statement Tabled.

   8.

The Minister for Emergency Services tabled a copy of a Ministerial Statement made by the Minister for the Southern Suburbs (The Hon. J. Hill, M.P.) concerning the Proposed Release of Land in Seaford Meadows by the Land Management Corporation.

 

Ministerial
Statement Tabled.

   9.

The Minister for Emergency Services tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon. J. D. Lomax-Smith, M.P.) concerning School Retention Rates.

 

Ministerial
Statement Tabled.

10.

The Minister for Emergency Services tabled a copy of a Ministerial Statement made by the Minister for Housing (The Hon. J. D. Lomax-Smith, M.P.) concerning the State Housing Plan.

 

Ministerial
Statement Tabled.

11.

The Minister for Emergency Services tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services concerning Child Protection.

 

Ministerial
Statement Tabled.

12.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement
of Business.

13.

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

 

Postponement
of Business.

14.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3, No. 5 and No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Acts Interpretation (Gender Balance) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Acts Interpretation
(Gender Balance)
Amendment Bill.

16.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3, No. 5, No. 6 and No. 8 to No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

Postponement
of Business.

17.

On the Order of the Day being read for the adjourned debate on the question - That the National Electricity (South Australia) (New Electricity Law) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

National Electricity (South Australia) (New Electricity Law)
Amendment Bill.

18.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

19.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Drink Driving) 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. 3 agreed to.

                          Clause No. 4 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
(Drink Driving)
Bill.

20.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3, No. 6 and No. 8 to No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement
of Business.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Parliamentary Superannuation (Scheme for New Members) 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.

 

Parliamentary
Superannuation
(Scheme for
New Members)
Amendment Bill.

22.

 

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

 

In the Committee

 

                                   Clauses No. 1 to No. 4 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 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.

                 The Minister for Industry and Trade then moved - That this Bill be now read a third time.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Criminal Law
Consolidation
(Criminal Neglect)
Amendment Bill.

23.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

24.

The Minister for Industry and Trade, by leave, without notice, moved - That, pursuant to section 5 of the Parliament (Joint Services) Act 1985, the Hon. R. K. Sneath be appointed to the Joint Parliamentary Service Committee in place of the Hon. C. Zollo, resigned, and the Hon. G. E. Gago be appointed as the alternate member to the Hon. R. K. Sneath.

                 Question put and passed.

                 Ordered - That a Message be sent to the House of Assembly transmitting the foregoing Resolution.

 

Joint Parliamentary
Service Committee -
Replacement of
Member and
Alternate Member
appointed.

25.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

26.

On the Order of the Day being read for the adjourned debate on the question - That the Podiatry Practice 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.

 

Podiatry Practice Bill.

27.

Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

28.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Liquor, Gambling and Security Industries) Bill be now read a second time:

                 Debate resumed.

                 And the Hon. R. D. Lawson having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed.

 

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

29.

At one minute 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.

30.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Liquor, Gambling and Security Industries) Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

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

31.

Ordered - That Orders of the Day (Government Business) No. 11 to No. 13 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

32.

Ordered - That Order of the Day (Government Business) No. 15 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

33.

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.

34.

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

Message No. 40

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled a Bill for an Act to amend the Correctional Services Act 1982, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 3 March 2005.                                                                 I. P. LEWIS, Speaker.

 

Messages from
House of Assembly:
Correctional Services
(Parole)
Amendment Bill.

 

 

Schedule of the Amendments made by the House of Assembly

No. 1.

         Clause 11, page 6, lines 27 and 28

                 Delete the clause and substitute:

                          11—Amendment of section 66—Automatic release on parole for certain prisoners

(1)     Section 66—delete "The" and substitute:

Subject to subsection (2), the

(2)     Section 66—after its present contents as amended by this section (now to be designated as subsection (1)) insert:

(2)     Subsection (1) does not apply to—

(a)     a prisoner if any part of the imprisonment for which the prisoner was sentenced is in respect of a sexual offence; or

(b)    a prisoner of a class excluded by the regulations from the application of subsection (1) (but the regulations may not exclude a prisoner liable to serve a total period of imprisonment of 3 years or less).

No. 2.

         Clause 12(1), page 6, lines 30 and 31

                 Delete subclause (1) and substitute:

                       (1)  Section 67(1) and (2)—delete subsections (1) and (2) and substitute:

(1)     This section applies to a prisoner if—

(a)     section 66 does not apply to the prisoner; and

(b)    a non-parole period has been fixed for the prisoner; and

(c)     the prisoner is not serving a sentence of indeterminate duration.

(2)     If this section applies to a prisoner—

(a)     the prisoner; or

(b)    the Chief Executive Officer, or any employee of the Department authorised by the Chief Executive Officer,

may apply in the prescribed manner to the Board for the prisoner's release on parole.

No. 3.

         Clause 15, page 8, lines 21 to 37

                 Delete the clause.

D. A. BRIDGES, Clerk of the House of Assembly.

 

 

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

 

 

 

Message No. 41

 

 

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to protect the health and safety of the public by providing for the registration of physiotherapists and physiotherapy students; to regulate the provision of physiotherapy for the purpose of maintaining high standards of competence and conduct by the persons who provide it; to repeal the Physiotherapists Act 1991; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 7 March 2005.                                                                 I. P. LEWIS, Speaker.

                 Bill read a first time.

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

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

 

Physiotherapists
Practice Bill.

 

 

Message No. 42

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Oaths Act 1936; and to make a related amendment to the Evidence (Affidavits) Act 1928, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 March 2005.                                                                 I. P. LEWIS, Speaker.

                 Bill read a first time.

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

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

 

Oaths (Abolition
of Proclaimed
Managers)
Amendment Bill.

 

 

Message No. 43

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Partnership Act 1891; and to make a related amendment to the Business Names Act 1996, to which it desires the concurrence of the Legislative Council.

House of Assembly, 7 March 2005.                                                                 I. P. LEWIS, Speaker.

                 Bill read a first time.

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

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

 

Partnership
(Venture Capital
Funds)
Amendment Bill.

 

 

Message No. 44

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Acts Interpretations Act 1915; and to make a related amendment to Subordinate Legislation Act 1978, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 March 2005.                                                                 I. P. LEWIS, Speaker.

                 Bill read a first time.

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

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

 

Acts Interpretation
(Miscellaneous)
Amendment Bill.

 

 

Message No. 45

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to establish the South Australian Fire and Emergency Services Commission; to provide for the continuation of a metropolitan fire and emergency service, a country fire and emergency service, and a State emergency service; to provide for the prevention, control and suppression of fires and for the handling of certain emergency situations; to make related amendments to other Acts; to repeal the Country Fires Act 1989, the South Australian Metropolitan Fire Service Act 1936 and the State Emergency Service Act 1987; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 March 2005.                                                                 I. P. LEWIS, Speaker.

                 Bill read a first time.

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

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

 

Fire and
Emergency
Services Bill.

 

 

Message No. 46

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Heritage Act 1993, to which it desires the concurrence of the Legislative Council.

House of Assembly, 9 March 2005.                                                                 I. P. LEWIS, Speaker.

                 Bill read a first time.

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

 

Heritage
(Beechwood
Garden)
Amendment Bill.

 

 

Message No. 47

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Industrial Law Reform (Fair Work) Bill without amendment.

House of Assembly, 9 March 2005.                                                                 I. P. LEWIS, Speaker.

 

Industrial Law
Reform
(Fair Work) Bill.

35.

 

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Children’s Protection (Mandatory Reporting) Amendment Bill.

 

In the Committee

 

                                   Clauses No. 1 and No. 2 agreed to.

                                   Clause No. 3 read.

                          The Hon. R. D. Lawson moved on page 2, after line 15, to insert new subclause as follows:

                          “(3)  Section 11—after subsection (3) insert:

                                          (4)     This section does not require a minister of religion to divulge any information communicated to him or her in the course of a confession.

                                          (5)     In subsection (4)—

                                                    confession means a confession made by a person to a minister of religion in his or her capacity as such according to the rules or usages of the religion of the minister;”.

                          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.

 

Children’s
Protection
(Mandatory
Reporting)
Amendment Bill.

36.

Council adjourned at fourteen minutes past nine 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. N. Xenophon

The Hon. C. Zollo