SOUTH AUSTRALIA]

No. 64

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  5  JULY  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.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 12.

                 The Governor’s Deputy 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. 27 of 2005 - An Act to amend the Recreational Services (Limitation of Liability) Act 2002.

                 No. 28 of 2005 - An Act to amend the Land Tax Act 1936 and the Stamp Duties Act 1923.

Government House, Adelaide, 5 July 2005.                                                 J. DOYLE, Governor’s Deputy.

 

Message from
Governor’s Deputy:
Assent to Bills.

 

   3.

Answers to Questions on Notice Nos. 177 to 182 and 196 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions
on Notice.

 

   4.

The following Papers were laid upon the Table, viz.:

        By the Minister for Industry and Trade (The Hon. P. Holloway) -

                 Super SA - Insurance Review - Report.

                 Regulations under the following Acts -

                          Australian Energy Market Commission Establishment Act 2004 - Annual Reports.

                          Emergency Services Funding Act 1998 - Land Remissions.

                          Security and Investigation Agents Act 1995 - Additional Fee Increases.

                 Rules of Court -

                          Supreme Court - Supreme Court Act 1935 - E-filing.

                 Emergency Services Act 1998 - Emergency Services Funding (Declaration of Levy and Area and Land use Factors) Notice 2005.

                 Emergency Services Act 1998 - Emergency Services Funding (Declaration of Levy for Vehicles and Vessels) Notice 2005.

        By the Minister for Mineral Resources Development (The Hon. P. Holloway) -

                 Regulation under the following Act -

                          Petroleum (Submerged lands) Act 1982 - General.

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

                 Regulation under the following Act -

                          Development Act 1993 - Osborne Maritime Policy Area.

        By the Minister for Industry and Trade, at the request and on behalf of the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Aboriginal Lands Trust - Report, 2003-2004.

                 Independent Gambling Authority -

                          Inquiry into Effectiveness of Gambling Rehabilitation Programs Report.

                          Inquiry into Smartcard Technology Report.

                 Regulations under the following Acts -

                          Daylight Saving Act 1971 - Summer Time.

                          Liquor Licensing Act 1997 - Port Pirie Dry Zone.

                          Natural Resources Land Management Act 2004 -

                                   Financial Provisions.

                                   General.

                          Statutes - Various - Variation and Revocation (Natural Resources Management).

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

                 Gene Technology Activities in 2004 - Report.

 

Papers.

 

   5.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Director of Public Prosecutions.

 

Ministerial
Statement.

 

   6.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for Gambling (The Hon. M. J. Wright, M.P.) concerning Reports by the Independent Gambling Authority on Inquiries into Smartcard Technology and Effectiveness of Gambling Rehabilitation Programs.

 

Ministerial
Statement.

 

   7.

The Hon. G. E. Gago brought up the Report of the Social Development Committee on its Inquiry into Multiple Chemical Sensitivity.

                 Ordered - That the Report be printed.  (Paper No. 206)

 

Social Development
Committee - Report
on Inquiry into
Multiple Chemical
Sensitivity.

 

 

   8.

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

Message No. 85

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to provide for the South Australian Citrus Industry Development Board and for administration by the Board of a fund for citrus industry purposes; to repeal the Citrus Industry Act 1991; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 4 July 2005.                                                                               R. B. SUCH, Speaker.

                 Bill read a first time.

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

                 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.

                 Debate ensued.

                 On motion of the Hon. I. Gilfillan, the debate was adjourned next day of sitting.

 

Messages from
House of Assembly:
Citrus
Industry Bill.

 

 

 

Message No. 86

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendment made by the Legislative Council in the Education (Extension) Amendment Bill but has made the alternative amendment in lieu thereof as indicated in the annexed Schedule. The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 4 July 2005.                                                                               R. B. SUCH, Speaker.

                 Ordered - That the Message be taken into consideration on motion.

 

Education
(Extension)
Amendment Bill

 

 

 

Message No. 87

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Chiropractic and Osteopathy Practice Bill without amendment.

House of Assembly, 4 July 2005.                                                                               R. B. SUCH, Speaker.

 

Chiropractic and
Osteopathy Practice
Bill.

 

 

 

Message No. 88

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Law Reform (Contributory Negligence and Apportionment of Liability) (Proportionate Liability) Amendment Bill without amendment.

House of Assembly, 4 July 2005.                                                                               R. B. SUCH, Speaker.

 

Law Reform
(Contributory
Negligence and
Apportionment
of Liability)
(Proportionate
Liability)
Amendment Bill.

 

 

 

Message No. 89

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Statutes Amendment (Local Government Elections) Bill without amendment.

House of Assembly, 4 July 2005.                                                                               R. B. SUCH, Speaker.

 

Statutes Amendment
(Local Government
Elections) Bill.

 

   9.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

10.

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

                 Debate resumed.

                 Question put and passed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned and ordered to be resumed on motion.

 

Heritage
(Heritage Directions)
Amendment Bill.

 

11.

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

                 Debate resumed.

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

 

Statutes Amendment
(Relationships) Bill.

 

12.

On the Order of the Day read for the adjourned debate on the question - That the Appropriation 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.

 

Appropriation Bill.

 

 

13.

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.

 

14.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 86 from the House of Assembly relating to the Education (Extension) Amendment Bill.

 

In the Committee

 

                 Resolved - That the amendment made by the Legislative Council be not insisted on and that the alternative amendment made by the House of Assembly be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Education
(Extension)
Amendment Bill.

 

15.

The Minister for Industry and Trade, without notice, moved - That the Standing Orders be so far suspended as to enable him to move - That the Orders made on Wednesday, 29 June 2005, for Orders of the Day (Private Business) No. 12, No. 14, No. 16, No. 26, No. 39 and No. 47 to No. 49 to be Orders of the Day for Wednesday, 6 July 2005, be discharged and for those Orders of the Day to be taken into consideration forthwith.

                 Debate ensued.

                 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.

 

16.

The Minister for Industry and Trade moved - That the Orders made on Wednesday, 29 June 2005, for Orders of the Day (Private Business) No. 12, No. 14, No. 16, No. 26, No. 39 and No. 47 to No. 49 to be Orders of the Day for Wednesday, 6 July 2005, be discharged and for those Orders of the Day to be taken into consideration forthwith.

                 Debate ensued.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Discharge
of Orders.

 

17.

Ordered - That the adjourned debate on the motion of the Hon. S. M. Kanck - That the Natural Resources Committee inquire into the condition of Deep Creek and its tributaries, with particular reference to:

      I.      The impact of forestry activities on stream-flow within the catchment area;

     II.      The impact of dams and water use;

    III.      The impact of rainfall levels and the associated catchment response;

    IV.      The currently observed impacts on, and potential threat to, the biodiversity of the Creek and environs, including the Deep Creek Conservation Park;

     V.      The potential threat to eco-tourism as a consequence of the drying of Deep Creek and its associated economic impacts;

    VI.      The potential for repair of the damage via the National Water Initiative, the prescription of the water resources of the Western Mount Lofty Ranges and the Natural Resources Management Act and Regulations; and

  VII.      Any other related matter - be now resumed.

                 Debate resumed.

                 Question put and passed.

 

Natural Resources
Committee to inquire
into Condition of
Deep Creek -
Motion re.

 

18.

Ordered - That Discharged Orders of the Day (Private Business) No. 14, No. 16 and No. 26 be postponed and taken into consideration after Order of the Day (Private Business) No. 39.

 

Postponement
of Business.

 

19.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Workers Rehabilitation and Compensation (Third Party Liability) Amendment Bill.

 

In the Committee

 

                                   Clauses No. 1 to No. 3 agreed to.

                                   Clause No. 4 read.

                          Question - That clause No. 4 stand as printed - put.

Workers
Rehabilitation and
Compensation
(Third Party
Liability)
Amendment Bill.

 

 

             Committee divided:

Ayes, 6

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. A. J. Redford (Teller)

 

 

 

            So it passed in the negative.

 

Noes, 9

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                                   Clause No. 4 struck out.

                                   Clause 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 with an amendment.

                 Ordered - That the Bill be recommitted in respect of the reinsertion of clause No. 4.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole in respect of the reinsertion of clause No. 4.

 

 

 

 

In the Committee

 

                                   The Hon. A. J. Redford moved - That clause No. 4 be reinserted.

                          Question put.

 

 

 

             Committee divided:

Ayes, 9

The Hon. J.S.L. Dawkins

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. J.M.A. Lensink

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. A. J. Redford (Teller)

           So it was resolved in the affirmative.

 

Noes, 6

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                                   Clause No. 4 reinserted.

____________________

 

                 The President resumed the Chair, and reported that the Committee had further considered the Bill and had agreed to the same with a further amendment; whereupon the Council adopted such reports.

                 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 Hon. A. J. Redford then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put.

 

 

 

             Committee divided:

Ayes, 6

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. A. J. Redford (Teller)

 

 

 

            So it passed in the negative.

 

 

Noes, 9

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

20.

Ordered - That Discharged Orders of the Day (Private Business) No. 14, No. 16, No. 26 and No. 47 be postponed and taken into consideration after Order of the Day (Private Business) No. 48.

 

Postponement
of Business.

 

21.

Ordered - That the adjourned debate on the motion of the Hon. J. M. Gazzola - That the Report of the Legislative Review Committee on Suppression Orders be noted - be now resumed.

                 Debate resumed.

                 And the Hon. A. J. Redford having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 14 September 2005.

 

Legislative Review
Committee -
Report on
Suppression Orders
to be noted -
Motion re.

 

22.

Ordered - That Discharged Orders of the Day (Private Business) No. 14, No. 16, No. 26 and No. 47 be postponed and taken into consideration after Order of the Day (Private Business) No. 49.

 

Postponement
of Business.

 

23.

Ordered - That the adjourned debate on the motion of the Hon. A. J. Redford - That this Legislative Council notes with concern the performance of the Minister for Correctional Services and the Department for Correctional Services and, in particular, a series of disturbing matters that have arisen since September 2002 - be now resumed.

                 Debate resumed.

                 The Hon. I. Gilfillan moved to amend the motion by leaving out “the performance of the Minister for Correctional Services and the Department for Correctional Services and, in particular,” and after the word “arisen” inserting “in the Department for Correctional Services”.

                 Question - That the amendment moved by the Hon. I. Gilfillan to the motion be agreed to - put and passed.

                 Question - That the motion moved by the Hon. A. J. Redford, as amended by the Hon. I. Gilfillan, be agreed to - put.

Performance of
Minister and
Department for
Correctional
Services -
Motion re.

 

 

             Council divided:

Ayes, 11

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. J.M.A. Lensink

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. A. J. Redford (Teller)

           So it was resolved in the affirmative.

 

 

Noes, 4

The Hon. J. M. Gazzola

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

24.

Ordered - That the adjourned debate on the motion of the Hon. K. J. Reynolds - That the Government report, by 15 September 2005, on progress achieved with implementing Recommendation 1 of the Parliamentary Social Development Committee’s Poverty Inquiry, tabled on 13 May 2003 - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.

 

Government
to Report on
Implementation of
Recommendation 1
of the Social
Development
Committee’s
Poverty Inquiry -
Motion re.

 

 

25.

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

 

Postponement
of Business.

 

26.

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

Message No. 90

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Trustee Companies Act 1988, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 July 2005.                                                                               R. B. SUCH, Speaker.

                 Bill read a first time.

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

 

Message from
House of Assembly:
Trustee Companies (Elders Trustees Limited) Amendment Bill.

 

 

 

 

27.

Council adjourned at five minutes to eleven o’clock until today 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

 

 

Member absent on leave - The Hon. T. G. Roberts