SOUTH AUSTRALIA]

No. 8

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  5  JUNE  2007

 

 

 

   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 -

                 Police Complaints Authority - Report, 2006.

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

                 Regulation under the following Act -

                          Harbors and Navigation Act 1993 - Renmark Speed Restrictions.

                 Rules of Court -

                          Magistrates Court - Magistrates Court Act 1991 - Forensic Procedure Warrant.

        By the Minister for Urban Development and Planning (The Hon. P. Holloway) -

                 City of Tea Tree Gully Local Heritage (Phase 2) - Plan Amendment Report.

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

                 Report on the Death in Custody of Barry Michael Turner and Troy Michael Glennie - Department for Correctional Services - April 2007.

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

                 Regulation under the following Act -

                          Liquor Licensing Act 1997 - Dry Zones - Ardrossan.

        By the Minister for Mental Health and Substance Abuse (The Hon. G. E. Gago) -

                 Regulation under the following Act -

                          Controlled Substances Act 1984 - Domestic Partner.

 

Papers.

 

   3.

The Hon. R. P. Wortley, by leave, without notice, moved - That the Members of this Council appointed to the Natural Resources Committee have leave to sit on that Committee during the sitting of the Council this day.

                 Question put and passed.

 

Natural Resources
Committee - Leave
for Members to sit
during  sitting of the
Council.

 

 

   4.

The Minister for Environment and Conservation, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. Hill, M.P.) concerning Advice and Recommendations from Mr. Walsh, Q.C. concerning a Review of the Public and Environmental Health Act 1987, together with a copy of the Advice.

 

Ministerial
Statement Tabled.

 

   5.

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

 

Postponement
of Business.

 

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Protective Security 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. 44 agreed to.

                          Schedule 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.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Protective Security
Bill.

 

   7.

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

                 Debate resumed.

                 The Hon. D. W. Ridgway, having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Development
(Regulated Trees)
Amendment Bill.

 

   8.

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 Adelaide’s Water Storage.

 

Ministerial
Statement Tabled.

 

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Psychological Practice Bill

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. A. M. Bressington moved on page 5, after line 25, to insert new paragraph as follows:

                          “(ab)    prescribed intelligence testing; and”.

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

                          Clause No. 3 agreed to.

                          Clauses No. 4 to No. 13 agreed to.

                          Clause No. 14 read.

                 The Hon. A. M. Bressington moved on page 11, after line 7, to insert new paragraph as follows:

    “(ga)    to examine whether there are opportunities for enhanced competition, in the public interest, in the provision of psychological services, or any unnecessary impediments to such competition, and provide advice to the Minister;”.

                 Question - That the amendment be agreed to - put.

Psychological
Practice Bill.

 

 

 

             Committee divided:

Ayes, 12

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

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. S. G. Wade

The Hon. N. Xenophon

The Hon. A. M. Bressington (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

                          Clause No. 14, as amended and otherwise amended, agreed to.

                          Clauses No. 15 to No. 26 agreed to.

                          Clause No. 27 read.

                 The Hon. A. M. Bressington moved on page 18, lines 19 to 24, to leave out subclause (1) and insert new subclause as follows:

     “(1)      A person is not entitled to provide psychological services as part of a postgraduate course of study related to psychology (including such a course being undertaken by the person outside the State) unless the person is registered under this section as a student psychologist.”.

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

                          Clause No. 27 agreed to.

                          Clauses No. 28 to No. 35 agreed to.

                 The Hon. J.M.A. Lensink moved on page 23, after line 2, to insert new clause as follows:

35A—Restriction on administration and interpretation of certain psychological tests

(1)     A person must not personally administer or interpret a prescribed psychological test unless—

(a)    the person is a psychologist or psychiatrist acting in the ordinary course of his or her profession; or

(b)    the person administers or interprets the test under the direct supervision of a psychologist or psychiatrist; or

(c)    the person administers or interprets the test with the approval of the Board.

                 Maximum penalty: $75 000.

(2)     An applicant for approval under this section must, if the Board so requires, provide the Board with specified information to enable the Board to determine the application.

(3)     The Board may, before giving its approval under this section, require the applicant to obtain qualifications or experience specified by the Board and for that purpose may require the applicant to undertake a specified course of instruction or training.

(4)     An approval under this section may be subject to such conditions as the Board thinks fit.

(5)     A person must not contravene, or fail to comply with, a condition of the person's approval under this section.

         Maximum penalty: $75 000.

(6)     If a person contravenes, or fails to comply with, a condition of the person's approval under this section, the Board may, by written notice to the person, revoke the approval.

(7)     In this section—

         psychiatrist means a medical practitioner registered on the specialist register under the Medical Practice Act 2004 in the specialty of psychiatry.”.

                 Question - That new clause No. 35A, as proposed to be inserted by the Hon. J.M.A. Lensink, be so inserted - put.

 

 

 

             Committee divided:

Ayes, 10

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. N. Xenophon

The Hon. J.M.A. Lensink (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. A. L. Evans

The Hon. B. V. Finnigan

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. P. Wortley

The Hon. G. E. Gago (Teller)

 

 

 

                          New clause No. 35A inserted.

                          Clauses No. 36 and No. 37 agreed to.

                          Clause No. 38 read.

                 The Hon. A. M. Bressington moved on page 25, after line 25, to insert new subclause as follows:

    “(3a)     An inspector must not exercise the power conferred by subsection (2)(d) except on the authority of a warrant issued by a magistrate.”.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 9

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. S. G. Wade

The Hon. N. Xenophon

The Hon. A. M. Bressington (Teller)

 

      So it passed in the negative.

 

Noes, 10

The Hon. A. L. Evans

The Hon. B. V. Finnigan

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. M. C. Parnell

The Hon. R. P. Wortley

The Hon. G. E. Gago (Teller)

 

 

 

                          Clause No. 38 agreed to.

                          Clause No. 39 agreed to.

                          Clause No. 40 read.

                 The Hon. A. M. Bressington moved on page 26, line 14, after “opinion” to insert “, formed on reasonable grounds,” and to leave out “or may be”, in line 15, to leave out “must” and insert “may” and in line 18 to delete the penalty provision.

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

                          Clause No. 40 agreed to.

                          Clause No. 41 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.

 

 

 

10.

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

 

Postponement
of Business.

 

11.

The following Message from the House of Assembly was received and read:

Message No. 6

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Commission of Inquiry (Children in State Care) Act 2004, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 June 2007.                                                                     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:
Commission of
Inquiry (Children
in State Care)
(Children on
APY Lands)
Amendment Bill.

 

 

 

Message No. 7

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to construe certain testamentary dispositions, trusts and gifts in favour of the Home for Incurables, the Julia Farr Centre or Julia Farr Services in favour of Julia Farr Association; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 June 2007.                                                                     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.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Julia Farr Services
(Trusts) Bill.
.

 

12.

Council adjourned at three minutes to 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. 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. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. N. Xenophon

The Hon. C. Zollo