SOUTH AUSTRALIA]

No. 44

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  5  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.

Answer to Question on Notice No. 122 of this Session received this day, was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answer to
Question on Notice.

 

 

   3.

The Hon. J. M. Gazzola brought up the Fourteenth Report of the Legislative Review Committee, 2007-2008.

Legislative
Review
Committee -
Fourteenth Report,
2007-2008.

 

 

    4.

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

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

                 Report into the Inquest into the death of Colin Craig Sansbury.

 

Paper.

 

   5.

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

 

Statements on
Matters of Interest.

 

 

   6.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J. M. Gazzola - That the Report of the Aboriginal Lands Parliamentary Standing Committee, 2006-2007, be noted:

                Debate resumed.

                 Question put and passed.

 

Aboriginal Lands
Parliamentary
Standing
Committee -
Report, 2006-2007,

be noted -
Motion re.

 

 

   7.

Ordered - That Orders of the Day (Private Business) No. 2 to No. 5 be Orders of the Day for Wednesday, 2 April 2008.

 

Postponement
of Business.

 

   8.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. B. V. Finnigan - That the Report of the Statutory Authorities Review Committee, 2006-2007, be noted:

                Debate resumed.

                 Question put and passed.

 

Statutory
Authorities Review
Committee -
Report, 2006-2007,
be noted -
Motion re.

 

 

   9.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. S. M. Kanck -

            I.   That a Select Committee of the Legislative Council be established to inquire into and report on the impact of peak oil in South Australia with particular reference to -

(a)     The movement of people around the State, including -

       i.    the rising cost of petrol and increasing transport fuel poverty in the outer metropolitan area, the regions and remote communities;

      ii.    ways to encourage the use of more fuel efficient cars;

     iii.    alternative modes of transport;

    iv.    the need to increase public transport capacity; and

     v.    implications for urban planning;

(b)    Movement of freight;

(c)     Tourism;

(d)    Expansion of the mining industry;

(e)     Primary industries and resultant food affordability and availability;

(f)     South Australia’s fuel storage capability including -

       i.    susceptibility of fuel supply to disruption; and

      ii.    resilience of infrastructure and essential services under disruptive conditions;

(g)    Alternative fuels and fuel substitutes;

(h)    Optimum and sustainable levels of population under these constraints;

(i)      The need for public education, awareness and preparedness; and

(j)      Any other related matter.

          II.   That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

         III.   That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being presented to the Council.

         IV.   That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating:

                 Debate resumed.

                 The Minister for Police moved to amend the motion in paragraph I, by leaving out the words “That a Select Committee of the Legislative Council be established to” and inserting “That the Natural Resources Committee”, and by leaving out paragraphs II, III and IV.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 2 April 2008.

 

Impact of Peak Oil
in
South Australia -
Select
Committee on -
Motion re.

 

10.

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

Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 2 April 2008.

 

Statutes
Amendment
(Surrogacy) Bill.

 

11.

Ordered - That Orders of the Day (Private Business) No. 9 and No. 10 be Orders of the Day for Wednesday, 2 April 2008.

 

Postponement
of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the Genetically Modified Crops Management (Extension of Controls) Amendment Bill be now read a second time:

Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 2 April 2008.

 

Genetically
Modified Crops
Management
(Extension of
Controls)
Amendment Bill

 

13.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. P. Wortley - That the Report of the Environment, Resources and Development Committee on Coastal Development be noted:

                Debate resumed.

                 Question put and passed.

Environment,
Resources and
Development
Committee – Report
on Coastal
Development be
noted -
Motion re.

 

14.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. M. Bressington - That the Statutory Authorities Review Committee inquire into and report upon the Office of the Public Trustee, and in particular -

            I.   The management systems, processes, procedures and protocols in place to deal with allegations of misappropriation of funds and any other improper conduct at the Office of the Public Trustee (but excluding any matter which may currently be sub judice).

          II.   The management of client files and their funds, including the management systems, processes, procedures and protocols in place to ensure that clients’ files and funds are effectively and efficiently managed.

         III.   The management systems, processes, procedures and protocols in place to deal with allegations of inefficient or incompetent handling of client files.

         IV.   Allegations of workplace bullying and harassment in the Public Trustee’s office and the management systems, processes, procedures and protocols in place to deal effectively and efficiently with such allegations.

          V.   Whether clients and/or potential clients of the Public Trustee are appropriately advised as to likely consequences and costs of engaging the services of the Public Trustee, particularly in relation to the drawing of wills and the management of estates.

         VI.   Any other matters relevant to the operation of the Office of the Public Trustee or the legislation under which it operates:

                 Debate resumed.

                 Question put and passed.

 

Statutory
Authorities
Review Committee -
Inquiry into the
Office of the Public
Trustee -
Motion re.

 

15.

Ordered - That Order of the Day (Private Business) No. 14 be an Order of the Day for Wednesday, 2 April 2008.

 

Postponement
of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the question - That the Genetically Modified Crops Management (Right to Damages) Amendment  Bill be now read a second time:

Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 2 April 2008.

 

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

 

17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. D. Lawson - That the Regulations under the Fair Work Act 1994, concerning Clothing Outworkers, made on 18 October 2007 and laid on the Table of this Council on 23 October 2007, be disallowed:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 2 April 2008.

 

Fair Work Act –
Regulations –
Clothing
Outworkers –
Motion for
disallowance of.

 

18.

Ordered - That Order of the Day (Private Business) No. 17 be an Order of the Day for Wednesday, 2 April 2008.

 

Postponement
of Business.

 

19.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Prohibition on Smoking in Children's Recreational Parks) Amendment  Bill be now read a second time:

Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 2 April 2008.

 

Tobacco Products
Regulation
(Prohibition on
Smoking in
Children’s
Recreational Parks)
Amendment Bill.

 

 

20.

Ordered - That Order of the Day (Private Business) No. 19 be an Order of the Day for Wednesday, 2 April 2008.

 

Postponement
of Business.

 

21.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. M. Bressington - That this Council urges the Government to reconsider its Road Side Drug Testing Policy given that the Drug Wipe Test using the Cozart Rapsican Chromographer failed to meet international standards for the detection of illicit drugs:

                 Debate resumed.

                 Question put and passed.

 

Road Side Drug
Testing Policy -
Motion re.

 

22.

Ordered - That Orders of the Day (Private Business) No. 21 and No. 22 be Orders of the Day for Wednesday, 2 April 2008.

 

Postponement
of Business.

 

23.

On the Order of the Day being read for the adjourned debate on the question - That the National Parks and Wildlife (Mining in Sanctuaries) 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. 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 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.

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

                 Question put.

National Parks and
Wildlife (Mining in
Sanctuaries)
Amendment Bill.

 

 

             Council divided:

Ayes, 4

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 16

The Hon. A. M. Bressington

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. 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. P. Holloway (Teller)

 

 

 

24.

At 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.

 

 

25.

Ordered - That Orders of the Day (Private Business) No. 24 to No. 45 be Orders of the Day for Wednesday, 2 April 2008.

 

Postponement
of Business.

 

26.

On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Cultivation of Controlled Plants) 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.

_____________________

 

Controlled
Substances
(Cultivation of
Controlled Plants)
Amendment Bill.

 

 

 

                 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 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.

                 The Hon. D.G.E. Hood then moved - That this Bill be now read a third time.

        Question put.

 

 

 

             Council divided:

Ayes, 10

The Hon. A. M. Bressington

The Hon. J. A. Darley

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. C. V. Schaefer

The Hon. S. G. Wade

The Hon. D.G.E. Hood (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

27.

Ordered - That Orders of the Day (Private Business) No. 47 to No. 59 be Orders of the Day for Wednesday, 2 April 2008.

 

Postponement
of Business.

 

28.

The Minister for Police, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Firearms Act 1977 and to make related amendments to the Criminal Law Consolidation Act 1935 and 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. J.M.A. Lensink, the debate was adjourned until next day of sitting.

 

Firearms (Firearms
Prohibition Orders)
Amendment Bill.

 

29.

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.

 

30.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Advisory Panels Repeal) Bill be now read a second time:

                 Debate resumed.

                 Question put.

Statutes
Amendment
(Advisory Panels
Repeal) Bill.

 

 

             Council divided:

Ayes, 10

The Hon. J. A. Darley

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. G. E. Gago (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. R. D. Lawson  (Teller)

 

 

 

 

                 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. 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 amendments; whereupon the Council adopted such report.

                 The Minister for Environment and Conservation, 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.

 

 

 

  31.

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

 

Criminal Law
Consolidation
(Rape and Sexual
Offences) Bill.

 

32.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 11 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

33.

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

Message No. 75

                MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Police Superannuation Act 1990 and the Southern State Superannuation Act 1994, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 March 2008.                                                                    J. J.  SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Environment and Conservation 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
(Police
Superannuation)
Bill.

 

     

Message No. 76

                MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Statutes Amendment (Transition to Retirement - State Superannuation) Bill, without any amendment.

House of Assembly, 5 March 2008.                                                                     J. J. SNELLING, Speaker.

 

Statutes
Amendment
(Transition to
Retirement - State
Superannuation) Bill .

 

34.

Council adjourned at twenty-seven 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. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

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