SOUTH AUSTRALIA]

No. 45

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  4  MAY  2004

 

 

 

   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. 7.

                 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 2004 - An Act to amend the Summary Offences Act 1953.

                 No. 6 of 2004 - An Act to amend the Motor Vehicles Act 1959.

                 No. 7 of 2004 - An Act to make provision for the operation of the Australian Crime Commission in South Australia; to repeal the National Crime Authority (State Provisions) Act 1984; to make related amendments to other Acts; and for other purposes.

                 No. 8 of 2004 - An Act to provide for the designation of areas of the State for the purposes of preserving for marketing purposes the identity of certain food crops according to whether they are genetically modified crops or non-genetically modified crops; to provide for the segregation of genetically modified food crops and their products in appropriate cases; to provide for associated regulatory powers; to provide certain protections with respect to the spread of genetically modified plant material; and for other purposes.

                 No. 9 of 2004 - An Act to reform the law as it relates to torts; to amend the Wrongs Act 1936, the Limitation of Actions Act 1936 and the Motor Vehicles Act 1959.

                 No. 10 of 2004 - An Act to allow orders to be made for the protection of family members from serious harm resulting from problem gambling; to make a related amendment to the Domestic Violence Act 1994; and for other purposes.

Government House, Adelaide, 4 May 2004.                    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, Trade and Regional Development

        (The Hon. P. Holloway) -

                 APY Land Council and Community Safety in the Lands - Report by the Co-ordinator of Government Services to the APY Lands.

                 Crown Development Application by the Industrial and Commercial Premises Corporation to vary condition 2(B) of the approval for the JP Morgan Office Complex at Felixstow - Report by the Minister for Urban Development and Planning.

                 Regulations under the following Acts -

                          Electronic Transactions Act 2000 - Exclusions.

                          Legislation Revision and Publication Act 2002 - Road Traffic Act 1961.

                          Limitation of Actions Act 1936 - Negligence Claims.

                          Liquor Licensing Act 1997 -

                                   Coober Pedy.

                                   Gawler.

                                   Grange.

                                   Normanville.

                          Public Sector Management Act 1995 - Pecuniary Interests.

                 Rules of Court - Supreme Court - Supreme Court Act 1935 - Scale of Costs.

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Reports, 2002-2003 -

                           Burra Clare Snowtown Health Service.

                          Education Adelaide.

                          SABOR Ltd.

                 Regulation under the following Act -

                          Genetically Modified Crops Management Act 2004 - Designation of Areas.

                 Rules under Acts -

                          Local Government Superannuation Scheme -

                                   Circular Resolution Amendments - Rule Amendments - March 2004.

                                   Correction of Schedule IV - Rule Amendments - March 2004.

                                   Government Co-contribution - Rule Amendments - March 2004.

                                   Miscellaneous Amendments to Schedule I, II & V - Rule Amendments - March 2004.

 

Papers.

 

   4.

The Hon. G. E. Gago brought up the Report of the Social Development Committee on an Inquiry Into Obesity.

                 Ordered - That the Report be Printed.  (Paper No. 209)

 

Social
Development
Committee -
Report on
Inquiry into
Obesity.

 

 

   5.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Anangu Pitjantjatjara Yunkunyatjatjara Lands.

 

Ministerial
Statement  Tabled.

 

   6.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Minister for Science and Information Economy (The Hon. P. L. White, M.P.) concerning a New $9 Million Investment in Bioscience Business Incubator Facility at Thebarton.

 

Ministerial
Statement Tabled.

 

   7.

The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Local Government Act 1999.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a second time.

                 The Minister for Aboriginal Affairs and Reconciliation, 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 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.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Local Government
(Flood Mitigation
Infrastructure)
Amendment Bill.

 

 

   8.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7 be postponed and taken into consideration after Orders of the Day (Government Business) No. 8.

 

Postponement
of Business.

 

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Gas (Temporary Rationing) 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. 9 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, Trade and Regional 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.

 

Gas (Temporary
Rationing)
Amendment Bill.

 

10.

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

 

Postponement
of Business.

 

11.

On the Order of the Day being read for the adjourned debate on the question - That the Authorised Betting Operations (Betting Review) 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. 30 agreed to.

                          Schedule amended and 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 Aboriginal Affairs and Reconciliation, 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.

 

Authorised Betting
Operations
(Betting Review)
Amendment Bill.

 

12.

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

Message No. 62

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled a Bill for an Act to amend the Meat Hygiene Act 1994, without any amendment.

House of Assembly, 3 May 2004.                                                              I. P. LEWIS, Speaker.

 

Messages from
House of Assembly:
Meat Hygiene
(Miscellaneous)
Amendment Bill.

 

 

 

Message No. 63

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Criminal Law Consolidation Act 1935, the Criminal Law (Sentencing) Act 1988, the Juries Act 1927, the Summary Offences Act 1953 and the Summary Procedure Act 1921; and to repeal the Kidnapping Act 1960, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 May 2004.                                                              I. P. LEWIS, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Statutes
Anmendment
and Repeal
(Aggravated
Offences) Bill.

 

 

13.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Health and Community Services Complaints Bill.

 

In the Committee

 

                 Clause No. 4 which the Hon A. J. Redford had moved to amend on page 5, after line 23, to insert the following:

        ‘“Commissioner” means the Health and Community Services Complaints Commissioner appointed under Part 2 (and includes a person acting in that office from time to time);’.

- further considered.

                 Question - That the amendment be agreed to - put.

Health and
Community Services
Complaints Bill.

 

 

             Committee divided:

Ayes, 12

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. I. Gilfillan

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. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

 

                 The Minister for Aboriginal Affairs and Reconciliation moved on page 5, after line 27, to insert new paragraph as follows:

                          (ba)    a service for the care or protection of any child who has been abused or neglected, or allegedly abused or neglected, and includes any service that relates to the notification of any case of child abuse or neglect (or alleged child abuse or neglect), or the investigation of a case where a child may be in need of care or protection, or any subsequent action taken by a service provider arising from any such investigation; or”.

                 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.

 

 

 

14.

At ten 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.

 

15.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Health and Community Services Complaints Bill.

 

In the Committee

 

                          Clause No. 4, which the Minister for Aboriginal Affairs and Reconciliation had moved to amend on page 5, after line 27, to insert new paragraph as follows:

                          (ba)    a service for the care or protection of any child who has been abused or neglected, or allegedly abused or neglected, and includes any service that relates to the notification of any case of child abuse or neglect (or alleged child abuse or neglect), or the investigation of a case where a child may be in need of care or protection, or any subsequent action taken by a service provider arising from any such investigation; or”.

                 - further considered.

Health and
Community Services
Complaints Bill.

 

 

 

                 On a point of order being raised, the Chairman ruled that, pursuant to Standing Order No. 299, the matter being debated was not confined to the clause and amendment immediately before the Committee.

Chairman’s Ruling.

 

 

 

                 The Hon. A. J. Redford moved that the Ruling of the Chairman be disagreed to.

                 And the objection having been stated in writing:

_____________________

 

Chairman’s Ruling:
Disagreement with.

 

 

 

                 The President resumed the Chair, and reported that his Ruling as Chairman of Committees had been disagreed with.

                 The President upheld the ruling.

President’s Ruling.

 

 

 

                 The Hon. A. J. Redford, moved - That the Ruling of the President be disagreed to, having stated the objection in writing.

                 The Minister for Industry, Trade and Regional Development moved - That the matter be determined immediately.

                 Question put and passed.

                 Debate ensued.

                 Question - That the Ruling of the President be disagreed to - put.

President’s Ruling:
Disagreement with.

 

 

 

             Council divided:

Ayes, 13

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

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. N. Xenophon

The Hon. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. J. M. Gazzola

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

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

 

In the Committee

 

                          Clause No. 4, which the Minister for Aboriginal Affairs and Reconciliation had moved to amend on page 5, after line 27, to insert new paragraph (ba) - further considered.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 11

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. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

      So it was resolved in the affirmative.

 

Noes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

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. T. J. Stephens

The Hon. A. J. Redford (Teller)

 

 

 

 

                 The Hon. A. J. Redford moved on page 6, after line 3, to insert new paragraph as follows:

                          (fa)    a service provided to the students or staff of an educational institution by the educational institution itself; or”.

                 Question - That the amendment be agreed to - put and negatived.

                 The Hon. A. J. Redford moved on page 7, after line 4, to insert ‘“educational institution” includes a kindergarten;’.

                 Question - That the amendment be agreed to - put and negatived.

 

 

 

                 The Chairman made the following Statement:

                                               With the concurrence of the Committee, the Table proposes to clerically amend the remainder of the Bill to take account of the amendment deleting “HCS Ombudsman” or “HCS Ombudsman’s” wherever occurring and inserting “Commissioner” or “Commissioner’s” as appropriate.

                 The Hon. A. J. Redford moved on page 8, line 5, to leave out “a social, welfare, recreational or leisure service” and insert “a social work service or a welfare service”.

                 Question - That the amendment be agreed to - put and negatived.

                 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.

 

Chairman’s
Statement.:
Amending
Bill
Clerically.

 

16.

At thirteen minutes to ten o’clock the sitting was suspended until the ringing of the bells.

                 At four minutes past ten o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

17.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Health and Community Services Complaints Bill.

 

In the Committee

 

                          Clause No. 4 further considered.

                 The Hon. A. J. Redford moved on page 8, after line 12, to insert new paragraph as follows:

(ka)   a service provided to the students or staff of an educational institution by the educational institution itself; or”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 4, as amended and otherwise amended, agreed to.

                 The Hon. A. J. Redford moved on page 9, after line 34, to insert new clause as follows:

                          Application of Act

                                    4A. (1) Subject to this section, this Act applies to or in relation to a health or community service provided—

(a)    by a public authority, whether or not the service is provided for fee or reward; or

(b)    by a person or body, other than a public authority, who or that provides that service for a fee or other form of reward that is charged or payable at normal commercial rates.

                                        (2) This Act does not apply to or in relation to a health or community service provided by, or delivered through, a volunteer.

                                        (3) If—

(a)    a service is provided by an approved provider under the Aged Care Act 1997 of the Commonwealth; and

(b)    a complaints resolution mechanism has been established under Division 56 of Part 4.2 of that Act in relation to the service,

                          then this Act does not apply to or in relation to the service.”

                 Question - That subclause (1) of new clause 4A, as proposed to be inserted by the Hon. A. J. Redford, be so inserted - put and passed.

                 Question - That subclause (2) of new clause 4A, as proposed to be inserted by the Hon. A. J. Redford, be so inserted - put.

Health and
Community Services
Complaints Bill.

 

 

 

             Committee divided:

Ayes, 11

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

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. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 10

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. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

 

                 Question - That subclause (3) of new clause 4A, as proposed to be inserted by the Hon. A. J. Redford, be so inserted - put.

 

 

 

             Committee divided:

Ayes, 10

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. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

      So it was passed in the negative.

 

Noes, 11

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

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. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. A. J. Redford (Teller)

 

 

 

 

                          New clause No. 4A inserted.

                          Clause No. 5 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.

 

 

 

18.

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

 

Postponement
of Business.

 

19.

Council adjourned at twenty-six minutes past 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. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon