SOUTH AUSTRALIA]

No. 42

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  7  FEBRUARY  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 Minister for Police (The Hon. P. Holloway), by leave, moved - That the Legislative Council expresses its deep regret at the death of the Hon. R. C. De Garis, former Minister of the Crown and Leader of the Opposition in the Legislative Council and places on record its appreciation of his distinguished public service and that, as a mark of respect to his memory, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. R. I. Lucas, the Hon. S. M. Kanck, the Hon. R. D. Lawson, the Hon. J.S.L. Dawkins, the Hon. C. V. Schaefer, the Hon. D. W. Ridgway, the Hon. J.M.A. Lensink and the President:

                 Motion carried in silence, Members standing in their places.

 

Death of
Hon. R. C. DeGaris.

   3.

At twelve minutes past three o’clock the sitting was suspended until the ringing of the bells.

                 At twenty-eight minutes to four o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

   4.

The Hon. J. M. Gazzola brought up the Eighteenth Report, 2006, of the Legislative Review Committee.

Legislative
Review
Committee -
Eighteenth Report,
2006.

 

   5.

The Minister for Police, by leave, tabled a copy a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Legal Issues.

 

Ministerial
Statement Tabled.

   6.

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

 

Statements on
Matters of Interest.

   7.

Ordered - That Notice of Motion (Private Business) No. 3 be an Order of the Day for Wednesday, 21 February 2007.

 

Postponement
of Business.

   8.

The Hon. R. P. Wortley, pursuant to notice, moved -

        I.   That as Members of the South Australian Parliament, we recognise the need to ask that Members of the United States Congress take steps to bring about the return to Australia of Australian citizen, David Hicks, a detainee held at Guantanamo Bay for more than 5 years, for prosecution here.

 

Detention of
Mr. David Hicks -
Motion re.

 

       II.   That the South Australian Legislative Council particularly recognises that -

(a)     the recently announced rules for Guantanamo Bay detainee trials will not afford David Hicks (or other detainees) a fair hearing, consistent with international legal standards and Australian law. For example, Military Commission rules that permit hearsay evidence and evidence obtained by coercion and that restrict access to certain evidence violate essential guarantees of independence and impartiality.

(b)    there is an understanding that there was significant opposition in Congress to the Military Commissions Act 2006 in part because it denies rights, including resort to habeas corpus, to non-US citizens and does not adequately guard against mistreatment of prisoners.

(c)     Judiciary Committee Chairman Senator Leahy’s concerns that, “Not only would the military commissions legislation before us immunize those who violated international law and stomped on basic American values, but it would allow them then to use the evidence obtained in violation of basic principles of fairness and justice” (September 28, 2006).

(d)    the denial of justice in David Hicks’ case erodes values and principles shared by Australia and the United States of America. We are also concerned that the ongoing absence of justice in David Hicks’ case is serving to undermine international efforts to combat terrorism.

(e)     according to Australian psychiatrists, David Hicks is exhibiting signs of mental illness. This is not surprising because we understand that for much of the past 5 years he has been held in solitary confinement. Article 110 of the Third Geneva Convention which is recognised in section 268.99 of the Australian Criminal Code, entitles David Hicks to immediate repatriation to Australia, pending trial before a properly constituted court of law.

(f)     United States Congress colleagues and the Speaker representative Nancy Pelosi insist, perhaps by way of resolution in the Congress, that David Hicks be immediately repatriated to Australia. Expert legal commentary is that the allegations against David Hicks can be considered under Australian criminal law. The issue of custody pending a trial would be considered by a properly constituted court. Be assured also that our anti-terrorism laws make provision for strict control orders to be imposed on terrorism suspects.

(g)    the return of David Hicks to Australia would be entirely consistent with the precedent established by the return of the British subjects held in similar circumstances. But failing return, we ask that David Hicks be immediately put on trial before a properly constituted United States criminal court.

(h)    current arrangements are unjust and contrary to principles that our respective legislatures have for centuries nurtured and cherished. Those principles provide a shining example to those who would seek to destroy or degrade our cherished heritage through arbitrary acts of violence.

                 Debate ensued.

                 On motion of the Hon. J. M. Gazzola the debate was adjourned until Wednesday, 21 February 2007.

 

 

   9.

The Hon. S. M. Kanck, pursuant to notice, moved - That the Legislative Council -

        I.   Notes that -

(a)     the estimated water savings of 11 gigalitres from blocking off the water supply to Lake Bonney is a miniscule amount compared to the 5400 gigalitres of savings proposed in the Prime Minister’s National Plan for Water Security;

(b)    damming Chambers creek would artificially disrupt the natural operations of the Murray River and its associated lakes and wetlands, all of which play important roles in the complex ecosystem, with potential impact on the rare Broad Shelled Turtle;

(c)     local people with intimate knowledge of the Lake and river system believe this would lead to a decline in water quality, algal blooms and fish dies-offs that would make the Lake unfit for almost all other forms of life; and

(d)    there has been no environmental impact assessment of the effect on the ecosystem of Lake Bonney; and

 

Damming of
Lake Bonney -
Motion re.

 

       II.   Calls on the Government to delay the damming of Lake Bonney until the impact of recent rainfall in Queensland and New South Wales, and South Australia’s winter rainfall can be taken into account, to allow for a comprehensive environmental impact assessment to be prepared, and for the progressing of other water saving measures.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 21 February 2007.

 

 

10.

The Hon. M. C. Parnell, pursuant to notice, moved - That the Legislative Council of South Australia write to the President of the United of States of America asking for South Australian, David Hicks, to be brought home to South Australia.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 21 February 2007.

 

David Hicks’ return
to
South Australia -
Motion re.

11.

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.

 

12.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to repeal the Administrative Decisions (Effect of International Instruments) Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 21 February 2007.

 

Administrative
Decisions (Effect
of International
Instruments) Act
Repeal Bill.

13.

Ordered - That Notice of Motion (Private Business) No. 9 be postponed and taken into consideration after Notice of Motion (Private Business) No. 10.

 

Postponement
of Business.

14.

The Hon. R. I. Lucas, pursuant to notice, moved -

        I.   That a Committee to be called the “Budget and Finance Committee” be appointed to monitor and scrutinise all matters relating to the State Budget and the financial administration of the State.

       II.   That the Standing Orders of the Legislative Council in relation to Select Committees be applied and accordingly -

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

(b)    That this Council permits the Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to any such evidence being reported to the Council; and

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

Budget and Finance
Committee -
Appointment of -
Motion re.

 

                 The Hon. R. I. Lucas, by leave, tabled a copy of page of the Budget Papers titled: “Chapter 3: Revenue: Taxation”.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 21 February 2007.

 

Document Tabled.

15.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 21 February 2007.

 

Criminal Law
Consolidation
(Serious Criminal
Trespass)
Amendment Bill.

 

16.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday, 21 February 2007.

 

Postponement
of Business.

17.

Ordered - That Order of the Day (Private Business) No. 2 be postponed and taken into consideration on motion.

 

Postponement
of Business.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Protection of Public Participation Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 21 February 2007.

 

Protection of Public
Participation Bill.

19.

Ordered - That Orders of the Day (Private Business) No. 4 to No. 12 be Orders of the Day for Wednesday, 21 February 2007.

 

Postponement
of Business.

20.

Ordered - That Order of the Day (Private Business) No. 2, adjourned on motion, be an Order of the Day for Wednesday, 21 February 2007.

 

Postponement
of Business.

  21.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. K. Hunter - That the Legislative Council of South Australia -

I.       recognises that -

(a)    a report from the United Nations Population Fund (UNFPA) State of the World Population 2006 - a Passage to Hope: Women and International Migration - was released on 6 September 2006;

(b)    women constitute almost half of all international migrants worldwide - 95 million or 49.6 per cent;

(b)    women constitute almost half of all international migrants worldwide - 95 million or 49.6 per cent;

(c)    in 2005, roughly half the world’s 12.7 million refugees were women;

(d)    for many women, migration opens doors to a new world of greater equality and relief from oppression and discrimination that limit freedom and stunt potential;

(e)    in 2005 remittances by migrants to their country of origin were an estimated US$232 billion, larger than official development assistance (ODA) and the second largest source of funding for developing countries after foreign direct investment (FDI);

(f)     migrant women send a higher proportion of their earnings than men to families back home;

(g)    migrant women often contribute to their home communities on their return, for instance through improved child health and lower mortality rates, however;

(h)    the massive outflow of nurses, midwives and doctors from poorer to wealthier countries is creating health care crises in many of the poorer countries, exacerbated by massive health care needs such as very high rates of infectious disease;

(i)     the intention to emigrate is especially high among health workers living in regions hardest hit by HIV/AIDS;

(j)     the rising demand for health care workers in richer countries because of their ageing populations will continue to pull such workers away from poorer countries;

(k)    millions of female migrants face hazards ranging from the enslavement of trafficking to exploitation as domestic workers;

(l)     the International Labour Organisation (ILO) estimates that 2.45 million trafficking victims are toiling in exploitative conditions worldwide;

(m)   policies often discriminate against women and bar them from migrating legally, forcing them to work in sectors which render them more vulnerable to exploitation and abuse;

(n)    domestic workers, because of the private nature of their work, may be put in gross jeopardy through being assaulted; raped; overworked; denied pay, rest days, privacy and access to medical services; verbally or psychologically abused; or having their passports withheld;

(o)    when armed conflict erupts, armed militias often target women and girls for rape, leaving many to contend with unwanted pregnancies, HIV infection and reproductive illnesses and injury;

(p)    at any given time, 25 per cent of refugee women of child-bearing age are pregnant;

 

UN Report
concerning Women
and International
Migration -
Motion re.

 

(q)    for refugees fleeing conflict, certain groups of women such as those who head households, ex-combatants, the elderly, disabled, widows, young mothers and unaccompanied adolescent girls, are more vulnerable and require special protection and support;

 (r)    people should not be compelled to migrate because of inequality, insecurity, exclusion and limited opportunities in their home countries;

(s)    human rights of all migrants, including women, must be respected.

II.      encourages -

(a)    governments and multilateral institutions to establish, implement and enforce policies and measures that will protect migrant women from exploitation and abuse;

(b)    all efforts that help reduce poverty, bring about gender equality and enhance development, thereby reducing the “push” factors that compel many migrants, particularly women, to leave their own countries, and at the same time helping achieve a more orderly migration program:

                 Debate resumed.

                 On motion of the Hon. D.G.E. Hood, the debate was adjourned until Wednesday, 21 February 2007.

 

 

22.

On the Order of the Day being read for the adjourned debated on the question - That the Summary Offences (Ticket Scalping) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 21 February 2007.

       

Summary Offences
(Ticket Scalping)
Amendment Bill.

23.

Ordered - That Orders of the Day (Private Business) No. 15 to No. 17 be Orders of the Day for Wednesday, 21 February 2007.

 

Postponement
of Business.

24.

On the Order of the Day being read for the adjourned debated on the question - That the Education (Random Drug Testing) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 21 February 2007.

       

Education (Random
Drug Testing)
Amendment Bill.

25.

On the Order of the Day being read for the adjourned debated on the question - That the Monitored Treatment Programs Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 21 February 2007.

       

Monitored
Treatment
Programs Bill.

26.

Ordered - separately - That Orders of the Day (Private Business) No. 20 to No. 31 be Orders of the Day for Wednesday, 21 February 2007.

 

Postponement
of Business.

27.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  28.

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

Message No. 69

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Local Government Act 1999; and to make related amendments to the Natural Resources Management Act 2004, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 February 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. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Local Government
(Stormwater
Management)
Amendment Bill.

 

 

Message No. 70

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for carrying out forensic procedures to obtain evidence relevant to the investigation of criminal offences; to make provision for a DNA database system; to make related amendments to the Child Sex Offenders Registration Act 2006 and the Summary Offences Act 1953; to repeal the Criminal Law (Forensic Procedures) Act 1998; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 February 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. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Criminal Law
(Forensic
Procedures) Bill.

 

29.

Ordered - That the Council, at its rising do adjourn until tomorrow at eleven o’clock a.m.

 

Next Day of Sitting.

 

30.

Council adjourned at one minute to one o’clock a.m. until tomorrow at eleven o’clock a.m.

 

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