SOUTH AUSTRALIA]

No. 42

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  6  APRIL  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’s Deputy having been announced by Black Rod, the following Message was received and read:

                                                                                                                                             Message No. 6

                 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. 2 of 2005 - An Act to amend the Classification (Publications, Films and Computer Games) Act 1995.

                 No. 3 of 2005 - An Act to amend the Industrial and Employee Relations Act 1994 and the Long Service Act 1987.

Government House, Adelaide.                                              BRUNO KRUMMINS, Governor’s Deputy.

6 April 2005.

 

Message from
Governor’s Deputy:
Assent to Bills.

 

   3.

The Minister for Emergency Services (The Hon. C. Zollo) brought up the Report of the Select Committee on the Status of Fathers in South Australia, together with Minutes of Evidence.

                 Ordered - That the Report be printed.  (Paper No. 191)

 

Select Committee on
the Status of Fathers
in South Australia -
Report and Minutes
of Evidence.

 

 

   4.

The Hon J. M. Gazzola brought up the Report of the Legislative Review Committee on Suppression Orders.

                 Ordered - That the Report be printed.  (Paper No. 195)

 

Legislative Review
Committee -
Report  on
Suppression Orders.

 

 

   5.

The Hon. J. M. Gazzola brought up the Seventeenth Report, 2004-2005, of the Legislative Review Committee.

Legislative
Review
Committee -
Seventeenth Report,
2004-2005.

 

 

   6.

The Minister for Industry and Trade (The Hon. P. Holloway), while making a Ministerial Statement, tabled copies of Fact Sheets prepared by the Department of Transport and Urban Planning titled “Rebuilding in Areas Affected by Bushfires on Lower Eyre Peninsula” and “Ways to Make Your Home More Resistant to Bushfires” respectively.

 

Documents Tabled.

 

   7.

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

 

Statements on
Matters of Interest.

 

   8.

Ordered - That Notices of Motion (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

   9.

Ordered - That Notice of Motion (Private Business) No. 4 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

10.

The Hon. I. Gilfillan, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to establish the Independent Commission Against Crime and Corruption; to define its functions and powers; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. I. Gilfillan then moved - That this Bill be now read a second time.

                 And the Hon. I. Gilfillan having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.

 

Independent
Commission
Against Crime and
Corruption Bill.

 

11.

The Hon. G. E. Gago, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee on Plastic Bags, be noted.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until Wednesday next.

Environment,
Resources and
Development
Committee -
Report on Plastic
Bags be noted -
Motion re.

 

 

12.

Ordered - That Notice of Motion (Private Business) No. 4 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

13.

The Hon. J. M. Gazzola, pursant to notice, moved - That the Report of the Legislative Review Committee on Suppression Orders, be noted.

                 And the Hon. J. M. Gazzola having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.

 

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

 

14.

The Hon. R. D. Lawson, according to order, moved - That he have leave to introduce a Bill for an Act to amend the Subordinate Legislation Act 1978; and to make a related amendment to the Acts Interpretation Act 1915.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. D. Lawson then moved - That this Bill be now read a second time.

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

 

Subordinate
Legislation
(Disallowance
and Variation)
Amendment Bill.

 

  15.

Ordered - separately - That Orders of the Day (Private Business) No. 2 and No. 3 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

16.

Ordered - That Order of the Day (Private Business) No. 4 be discharged.

 

Business
Discharged.

 

17.

Ordered - That Order of the Day (Private Business) No. 5 be discharged.

 

Business
Discharged.

 

  18.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 8 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

19.

Ordered - That Order of the Day (Private Business) No. 9 be discharged.

 

Business
Discharged.

 

  20.

Ordered - separately - That Orders of the Day (Private Business) No. 10 and No. 11 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

  21.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. G. E. Gago - That the Report of the Environment, Resources and Development Committee on Waste Management, be noted:

                 Debate resumed.

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

 

Environment,
Resources and
Development
Committee -
Report on Waste
Management
be noted -
Motion re.

 

 

  22.

Ordered - separately - That Orders of the Day (Private Business) No. 13 to No. 28 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

  23.

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.

 

24.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J.M.A. Lensink - That the Social Development Committee investigate and report upon the range of assessment and treatment services for people with mental health disorders in South Australia with particular regard to -

                     I.      The adequacy of funding and staffing of mental health, particularly in community and accommodation services;

                    II.      Best practice in the treatment services for people with complex needs who have contact with the mental health, forensic and/or corrections systems;

                  III.      The incidence and management of mental health in the prison population;

                  IV.      The impact of legal and illegal drugs on the mental health of both the general public and prison population;

                    V.      The efficacy of diversion programs upon rates of recidivism;

                  VI.      The criteria for the release of mental health patients who are potentially dangerous;

                 VII.      The adequacy of supervision of offenders after release from those institutions including those on parole;

                VIII.      The adequacy of offender discharge plans;

                  IX.      The identification of offenders’ mental health difficulties; and

                   X.      The definition of mental health insofar as the corrections system is concerned:

                 Debate resumed.

                 The Hon. A. L. Evans moved to amend the motion by leaving out the words “That the Social Development Committee” and inserting “(1) That a Select Committee be appointed to” and after paragraph X, by inserting new paragraphs as follows:

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

               (3)      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 reported to the Council.

               (4)      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.

                 Question - That the amendments moved by the Hon. A. L. Evans be agreed to - put and passed.

                 Question - That the motion moved by the Hon. J.M.A. Lensink, and as amended by the Hon. A. L. Evans, be agreed to - put and passed.

Social Development
Committee to inquire
into Mental Health
Assessment and
Treatment Services -
Motion re.

 

 

 

             The Hon. J. M. A. Lensink then moved - That the Select Committee consist of the Minister for Emergency Services, the Hon. A. L. Evans, the Hon. G. E. Gago, the Hon. A. J. Redford, and the mover.

                 Question put and passed.

                 The Hon. J.M.A. Lensink then moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place, and to report on Wednesday, 6 July 2005.

                 Question put and passed.

 

Select Committee Appointed.

 

 

25.

 

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Children’s Protection (Mandatory Reporting) Amendment Bill.

 

In the Committee

 

                                   Clause No. 3 which the Hon. R. D. Lawson had moved to amend on page 2, after line 15, by inserting new subclause as follows:

                          “(3)  Section 11—after subsection (3) insert:

                                          (4)     This section does not require a minister of religion to divulge any information communicated to him or her in the course of a confession.

                                          (5)     In subsection (4)—

                                                    confession means a confession made by a person to a minister of religion in his or her capacity as such according to the rules or usages of the religion of the minister;” - further considered.

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

                                   Clause No. 3, as amended, agreed to.

                                   Title agreed to.

_____________________

 

Children’s
Protection
(Mandatory
Reporting)
Amendment Bill.

 

 

                 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 Clause No. 3.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the further consideration of Clause No. 3.

 

In the Committee

 

                          Clause No. 3 reconsidered, further amended and agreed to.

____________________

 

                 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

  26.

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

 

Postponement
of Business.

 

27.

The Minister for Emergency Services, according to order, moved - That the Primary Produce (Food Safety Schemes) (Miscellaneous) Amendment Bill be now read a second time.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting

 

Primary Produce
(Food Safety
Schemes)
(Miscellaneous)
Amendment Bill.

 

 

  28.

Ordered - That Order of the Day (Government Business) No. 2 be an Order of the Day (Private Business) for Wednesday next.

 

Postponement
of Business.

 

  29.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 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 Adelaide Dolphin Sanctuary 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. 55 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 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 amendments; whereupon the Council adopted such report.

                 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.

 

Adelaide Dolphin
Sanctuary Bill.

 

 

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

  31.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

Postponement
of Business.

 

32.

On the Order of the Day being read for the adjourned debate on the question - That the National Electricity (South Australia) (New Electricity Law) 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

 

                          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.

 

National Electricity
(South Australia)
(New Electricity
Law)
Amendment Bill.

 

  33.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

34.

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

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until next day of sitting.

 

Acts Interpretation
(Gender Balance)
Amendment Bill.

 

  35.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 14 and No. 16 to No. 19 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

36.

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

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until next day of sitting.

 

Oaths (Abolition
of Proclaimed
Managers)
Amendment Bill.

 

  37.

Ordered - That Order of the Day (Government Business) No. 21 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

38.

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

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Acts Interpretation
(Miscellaneous)
Amendment Bill.

 

  39.

Ordered - That Orders of the Day (Government Business) No. 23 and No. 24 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

40.

Council adjourned at ten minutes to 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. 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