SOUTH AUSTRALIA]

No. 38

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  5  DECEMBER  2006

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. K. Sneath) 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. 6.

                 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. 25 of 2006 - An Act to amend the Development Act 1993 and to make related amendments to the Local Government Act 1999 and the Parliamentary Committees Act 1991.

                 No. 26 of 2006 - An Act to amend the Magistrates Act 1983.

                 No. 27 of 2006 - An Act to amend the Stamp Duties Act 1923.

                 No. 28 of 2006 - An Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 2007 and for other purposes.

                 No. 29 of 2006 - An Act to amend the Upper South East Dryland Salinity and Flood Management Act 2002.

                 No. 30 of 2006 - An Act to amend the Evidence Act 1929.

                 No. 31 of 2006 - An Act to amend the Dental Practice Act 2001; and to make related amendments to the Chiropractic and Osteopathy Practice Act 2005, the Medical Practice Act 2004, the Occupational Therapy Practice Act 2005, the Physiotherapy Practice Act 2005 and the Podiatry Practice Act 2005.

                 No. 32 of 2006 - An Act to establish a register of child sex offenders; to prevent registered child sex offenders engaging in child-related work; to make a related amendment to the Criminal Law (Sentencing) Act 1988; and for other purposes.

                 No. 33 of 2006 - An Act to amend the Evidence Act 1929.

Government House, Adelaide.                                          MARJORIE JACKSON-NELSON, Governor.

5 December 2006.

 

Message from
Governor:
Assent to Bills.

   3.

The Clerk announced that the following Petition had been lodged for presentation:

                 By the Hon. D. W. Ridgway from 326 residents of South Australia, concerning the digging of the Didicoolum Drain.  The Petitioners pray that this Honourable House will revoke the decision to dig the Didicoolum Drain and pray that commonsense, financial prudence and environmental caution inform that decision.

 

Petition
No. 17:
Digging of the
Didicoolum Drain.

   4.

Answers to Questions on Notice Nos. 2, 205, 215, 339 and 495 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

    5.

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

          By the President -

                 Reports, 2005-2006 -

                          Corporations -

                                   Mount Gambier.

                                   Murray Bridge.

                                   West Torrens.

                          District Councils -

                                   Alexandrina.

                                   Barunga West.

                                   Berri Barmera.

                                   Ceduna.

                                   Cleve.

                                   Elliston.

                                   Flinders Ranges.

                                   Karoonda East Murray.

                                   Kimba.

                                   Le Hunte.

                                   Streaky Bay.

                                   Yorke Peninsula.

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

                 Reports, 2005-2006 -

                          Adelaide Film Festival.

                          AustralAsia Railway Corporation.

                          Code Register for the National Third Party Access Code for Natural Gas Pipeline Systems.

                          Department of Justice.

                          Department of Trade and Economic Development.

                          Department of Treasury and Finance.

                          Distribution Lessor Corporation.

                          Energy Consumers’ Council.

                          Essential Services Commission of South Australia.

                          Funds SA.

                          Generation Lessor Corporation.

                          Land Management Corporation.

                          Legal Services Commission of South Australia.

                          Motor Accident Commission.

                          Office of the Public Advocate.

                          Police Superannuation Board.

                          RESI Corporation.

                          South Australian Asset Management Corporation.

                          South Australian Government Captive Insurance Corporation.

                          South Australian Government Financing Authority.

                          South Australian Motor Sport Board.

                          South Australian Multicultural and Ethnic Affairs Commission.

                          South Australian Parliamentary Superannuation Scheme.

                          South Australian Superannuation Board.

                          Technical Regulator - Electricity.

                          Technical Regulator - Gas.

                          Transmission Lessor Corporation.

                          Trauma and Injury Recovery.

                          Venture Capital Board.

                          WorkCover SA.

                 Australian Energy Market Commission - Report, 2004-2005.

                 Dangerous Areas Declarations - Report, 1 July 2006 - 30 September 2006.

                 Road Block Establishment Authorisations - Report, 1 July 2006 - 30 September 2006.

                 Regulations under the following Acts -

                          State Procurement Act 2004 - Prescribed Authorities.

                          State Theatre Company of South Australia Act 1972 - Elections.

                 Rules of Court -

                          Supreme Court - Supreme Court Act 1935 - Criminal Court Subpoenas.

Papers.

 

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

                 Regulation under the following Act -

                          Development (Panels) Amendment Act 2006 - Council Development Assessment Panels.

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

                 South Australian Fire and Emergency Services Commission - Report, 2005-2006.

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

                 Reports, 2005-2006 -

                          Adelaide Festival Centre.

                          Balaklava and Riverton Health Service Inc.

                          Carrick Hill Trust.

                          Chiropractors Board of South Australia.

                          Country Arts SA.

                          Crystal Brook District Hospital Inc.

                          Dental Board of South Australia.

                          Department for Environment and Heritage.

                          Department of Health.

                          Eastern Eyre Health and Aged Care Inc.

                          Eyre Regional Health Service Inc.

                          Gawler Health Service.

                          History Trust of South Australia.

                          Kingston Soldiers’ Memorial Hospital Inc.

                          Leigh Creek Health Service Inc.

                          Libraries Board of South Australia.

                          Local Government Association of South Australia.

                          Local Government Finance Authority of South Australia.

                          Local Government Superannuation Board.

                          Lower Eyre Health Services.

                          Mallee Health Service Inc.

                          Mannum District Hospital Inc.

                          Maralinga Lands Unnamed Conservation Park Board.

                          Mid North Regional Health Service.

                          Mid West Health and Aged Care Inc. and Mid West Health Inc.

                          Mt. Barker and District Health Services Inc.

                          Naracoorte Health Service Inc.

                          Northern Adelaide Hills Health Service.

                          Northern and Far Western Regional Health Service.

                          Northern Yorke Peninsula Health Service.

                          Nurses Board of South Australia.

                          Office of Consumer and Business Affairs.

                          Penola War Memorial Hospital Inc.

                          Peterborough Soldiers Memorial Hospital and Health Service Inc.

                          Pharmacy Board of South Australia.

                          Podiatry (Chiropody) Board of South Australia.

                          Port Pirie Regional Health Service.

                          Renmark Paringa District Hospital.

                          Repatriation General Hospital Inc.

                          Riverland Health Authority Inc.

                          Rocky River Health Service.

                          SA Ambulance Service.

                          South Australian Youth Arts Board - Carclew Youth Arts.

                          South Coast District Hospital Inc.

                          South East Regional Health Service Inc.

                          State Theatre Company of South Australia.

                          Strathalbyn and District Health Service.

                          Tailem Bend District Hospital.

                          The State Opera of South Australia.

                          The Whyalla Hospital and Health Service Inc.

                          Waikerie Health Services Inc.

                          Water Well Drilling Committee.

                          Yorke Peninsula Health Service Inc.

 

 

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 - Dry Zones - Long Term -

                                   Peterborough Area.

                                   Port Augusta.

                          Travel Agents Act 1986 - Exemptions.

                 Rules under Acts -

                          Local Government Act 1999 -

                                   Insurance Restructure and Permanent Incapacity.

 

 

   6.

The Minister for Police brought up the Report of the Statutory Officers Committee, 2005-06.

        Ordered - That the Report be printed.  (Paper No. 208)

 

Statutory Officers
Committee -
Report, 2005-2006.

 

   7.

The Hon. R. P. Wortley brought up the Report of the Natural Resources Committee on Mineral Resources Development in South Australia.

 

Natural Resources Committee -
Report on 
Mineral Resources
Development in
South Australia.

 

   8.

The Hon. R. P. Wortley brought up the Report of the Environment, Resources and Development Committee, 2005-2006, on the Upper South East Dryland Salinity and Flood Management Act 2002.

 

Environment,
Resources and
Development
Committee -
Report, 2005-2006,
on Upper South East
Dryland Salinity and
Flood Management
Act 2002.

 

   9.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Minister for Industrial Relations (The Hon. M. J. Wright M.P.) concerning WorkCover Annual Report for 2005-2006.

 

Ministerial
Statement Tabled.

10.

The Minister for Environment and Conservation, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Natural Resources Management Act 2004.

                 Question put and passed.

                 Bill introduced and 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. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Natural Resources
Management
(Extension of
Term of Office)
Amendment Bill.

11.

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

 

Postponement
of Business.

12.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the question - That the Development (Building Safety) 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.

Development
(Building Safety)
Amendment Bill.

 

 

                 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.

 

 

14.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Notices of Licence Disqualification or Suspension) 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 and No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. R. I. Lucas moved on page 3, lines 19 and 20, to leave out subclause (2).

                 Question - That all words proposed to be struck out in subclause (2) stand as printed - put.

Road Traffic
(Notices of Licence
Disqualification
or Suspension)
Amendment Bill.

 

 

             Committee divided:

Ayes, 11

The Hon. A. M. Bressington

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. N. Xenophon

The Hon. C. Zollo (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. I. Lucas (Teller)

 

 

 

                          Clause No. 3 agreed to.

                          Clauses No. 4 to No. 6 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 Emergency Services, 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.

 

 

15.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Southern State Superannuation (Insurance, Spouse Accounts and Other Measures) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be postponed and taken into consideration on motion.

.

Southern State
Superannuation
(Insurance, Spouse
Accounts and
Other Measures)
Amendment Bill.

 

  17.

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

Message No. 61

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Family Relationships Act 1975 and various other Acts to provide for recognition of certain domestic relationships, to which it desires the concurrence of the Legislative Council.

House of Assembly, 23 November 2006.                                                         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. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Message from
House of Assembly:
Statutes Amendment
(Domestic Partners)
Bill.

 

18.

At seven 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.

 

19.

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

Message No. 62

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Emergency Management Act 2004, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 December 2006.                                                           J. J. SNELLING, 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.

 

Message from
House of Assembly:
Emergency
Management
(State Emergency
Relief Fund)
Amendment Bill.

.

20.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Southern State Superannuation (Insurance, Spouse Accounts and Other Measures) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 6 agreed to.

                 The Hon. M. C. Parnell moved on page 5, after line 15, to insert new clause as follows:

             “6A—Amendment of section 7A—Accretions to members' accounts

         Section 7A—after subsection (3) insert:

               (3a)   If members are permitted by the Board to nominate a class or combination of classes of investments, the option of nominating a class of investments based on consideration of the impact of the investments on society and the environment must be made available to members (subject to terms and conditions determined by the Board).”.

                 Question - That new clause No. 6A, as proposed to be inserted by the Hon. M. C. Parnell, be so inserted - put.

Southern State
Superannuation
(Insurance, Spouse
Accounts and
Other Measures)
Amendment Bill.

 

 

             Committee divided:

Ayes, 4

The Hon. A. M. Bressington

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 15

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. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. R. D. Lawson

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)

 

 

                          Clauses No. 7 to No. 34 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 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.

 

 

21.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

22.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Statutes Amendment
(Electricity
Superannuation
Scheme) Bill.

 

23.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 8 and No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

24.

On the Order of the Day being read for the adjourned debate on the question - That the Liquor Licensing (Authorised Persons) 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. 12 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 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.

 

Liquor Licensing
(Authorised Persons)
Amendment Bill.

 

25.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Forest Property (Carbon Rights) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 6 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 Emergency Services, 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.

 

Forest Property
(Carbon Rights)
Amendment Bill.

 

26.

Ordered - That Orders of the Day (Government Business) No. 4 and No. 5 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

27.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Public Sector Employment) 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

 

                          Clause No. 1 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
(Public Sector
Employment) Bill.

 

28.

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.

  29.

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

Message No. 63

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendments made by the Legislative Council in the Statutes Amendment (Justice Portfolio) Bill as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 5 December 2006.                                                           J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Statutes Amendment
(Justice Portfolio)
Bill.

.

 

Schedule of the Amendments made by the Legislative Council

 to which the House of Assembly has disagreed

Amendment No. 1–

Clause 50, page 17, after line 5—

Insert:

     (1a)      Section 8B—after subsection (1) insert:

     (1a)      However, if the Commissioner or the Commissioner of Police is able to obtain a satisfactory record of fingerprints previously taken from a person referred to in subsection (1)(a) or (b), a request need not be made under subsection (1) in relation to that person.

Amendment No. 2–

Clause 50, page 17, after line 6—

Insert:

      (3)       Section 8B(5)—after "under this section," insert:

or have been otherwise obtained for the purposes of this section,

Amendment No. 3–

Clause 51, page 17, after line 10—

Insert:

      (3)       Section 11AB—after subsection (2) insert:

      (3)       The Commissioner may, if the Commissioner is satisfied that a satisfactory record of fingerprints previously taken from a person referred to in subsection (1)(a) or (b) exists, request the Commissioner of Police to make available to the Commissioner such information to which the Commissioner of Police has access about the identity, antecedents and criminal history of the person as the Commissioner of Police considers relevant.

Amendment No. 4–

Clause 58, page 18, after line 12—

Insert:

     (1a)      Schedule 2, clause 3—after subclause (1) insert:

     (1a)      However, if the Commissioner or the Commissioner of Police is able to obtain a satisfactory record of fingerprints previously taken from a person referred to in subclause (1)(a) or (b), the person need not be required to provide fingerprints under subclause (1).

Amendment No. 5–

Clause 58, page 18, after line 13—

Insert:

      (3)       Schedule 2, clause 3(2)—after "under subclause (1)," insert:

or have been otherwise obtained for the purposes of this 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. 64

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Summary Offences Act 1953; and to make a related amendment to the Criminal Law Consolidation Act 1935, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 December 2006.                                                           J. J. SNELLING, Speaker.

                 Bill read a first time.

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

 

Summary Offences
(Gatecrashers
at Parties)
Amendment Bill.

 

30.

Council adjourned at twenty-nine minutes past ten 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. 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