SOUTH AUSTRALIA]

No. 31

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  7  APRIL  2009

 

 

 

    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. 8.

                 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 Third Session of the 51st Parliament, viz.:

                 No. 10 of 2009 - An Act to amend the Child Sex Offenders Registration Act 2006.

                 No. 11 of 2009 - An Act to amend the Prohibition of Human Cloning Act 2003 and the Research Involving Human Embryos Act 2003.

Government House, Adelaide, 7 April 2009.                                          KEVIN SCARCE, Governor.

 

Message from
Governor:
Assent to Bills.

   3.

Answers to Questions on Notice No. 288 of last Session and No. 171 of this Session, 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 Mineral Resources Development (The Hon. P. Holloway) -

                 Regulations under the following Act -

                          Workers Rehabilitation and Compensation Act 1986 -

                                   Claims and Registration - Discontinuance Fee.

                                   Dispute Resolution.

                                   General - Non-economic Loss.

                 Rules of Court -

                          District Court - District Court Act 1991 -

                                   Amendment No. 9.

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

                 Architects Board of South Australia - Report, 2008.

        By the Minister for State/Local Government Relations (The Hon. G. E. Gago) -

                 Regulations under the following Acts -

                          Natural Resources Management Act 2004 - General.

                          Rates and Land Tax Remission Act 1986 - General.

                 Corporation By-laws -

                          Mitcham -

                                   No. 8 - Vehicles.

        By the Minister for Consumer Affairs (The Hon. G. E. Gago) -

                 Regulations under the following Act -

                          Liquor Licensing Act 1997 - Dry Areas - Long Term - Murray Bridge.

 

Papers.

    5.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Re-appointment of South Australian Commissioner of Police, Mr. Malcolm Hyde.

 

Ministerial
Statement Tabled.

    6.

The Hon. R. I. Lucas brought up the Minutes of Evidence of the Budget and Finance Committee from 28 March 2007 to 16 March 2009.

 

Budget and
Finance Committee -
Minutes of Evidence.

 

   7.

The Minister for Mineral Resources Development laid upon the Table the Report of the Statutory Officers Committee pursuant to section 15I of the Parliamentary Committees Act 1991.

                 Ordered - That the Report be printed.  (Paper No. 224)

 

Report of the
Statutory Officers
Committee.

   8.

The Minister for Mineral Resources Development, by leave, without notice, moved - That a Recommendation be made to His Excellency The Governor to appoint Mr. Richard Bingham to the Office of the Ombudsman and that a Message be sent to the House of Assembly transmitting this Resolution and requesting its concurrence thereto.

                 Debate ensued.

                 Question put and passed.

 

Office of the
Ombudsman -
Recommendation
of Appointment of
Mr. Richard
Bingham -
Motion re.

    9.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement
of Business.

  10.

On the Order of the Day being read for the adjourned debate on the question - That the Irrigation 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. 70 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 Mineral Resources Development, 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.

 

Irrigation Bill.

  11.

On the Order of the Day being read for the adjourned debate on the question - That the Renmark Irrigation Trust 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. 78 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 Mineral Resources Development, 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.

 

Renmark Irrigation
Trust Bill.

  12.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

  13.

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

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and ordered to be resumed on motion.

 

Statutes Amendment
(Energy Efficiency
Shortfalls) Bill.

  14.

On the Order of the Day being read for the adjourned debate on the question - That the Survey (Funding and Promotion of Surveying Qualifications) 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. 3 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 Mineral Resources Development, 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.

 

Survey (Funding
and Promotion of
Surveying
Qualifications)
Amendment Bill .

  15.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Energy Efficiency Shortfalls) Bill be now read a second time - be now resumed.

                 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. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clause No. 5 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 Mineral Resources Development, 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.

 

Statutes Amendment
(Energy Efficiency
Shortfalls) Bill.

16.

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.

 

17.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Equal Opportunity (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 11 further considered and agreed to.

                 The Hon. S. G. Wade moved on page 8, after line 36, to insert new Clause No. 11A as follows:

11A—Amendment of section 26—Tribunal may not award costs except in certain circumstances

Section 26(1)—after paragraph (b) insert:

      (c)       if in the opinion of the Tribunal there are other good reasons for doing so.”.

                 Question - That new Clause No. 11A, as proposed to be inserted, be so inserted - put.

Equal Opportunity
(Miscellaneous)
Amendment Bill.

 

             Committee divided:

Ayes, 11

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

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 (Teller)

      So it was resolved in the affirmative.

 

Noes, 10

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

                          New Clause No. 11A inserted.

                          Clauses No. 12 to No. 17 agreed to.

                          Clause No. 18 read.

                 The Hon. D.G.E. Hood moved on page 11, line 20, to leave out “educational” and insert “or other” and in lines 21 and 25, to leave out “educational”.

                 Question - That the amendments be agreed to - put.

 

 

             Committee divided:

Ayes, 4

The Hon. R. L. Brokenshire

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. D.G.E. Hood (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 17

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

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. S. G. Wade

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

 

                 The Hon. D.G.E. Hood moved on page 11, lines 28 and 29, to leave out paragraph (c).

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 11

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

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. T. J. Stephens

The Hon. S. G. Wade

The Hon. D.G.E. Hood (Teller)

      So it was resolved in the affirmative.

 

Noes, 10

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

 

                 The Minister for State/Local Government Relations moved on page 11, after line 29, to insert the following:

    “(ca)     a copy of the policy is given to a person who is to be interviewed for or offered employment with the authority or a teacher who is to be offered engagement as a contractor by the authority; and”.

                 The Minister for State/Local Government Relations then moved - That the amendment be withdrawn.

                 Question put and passed.

                          Clause No. 18, as amended, agreed to.

                          Clauses No. 19 to No. 24 agreed to.

                          Clause No. 25 read.

                 The Hon. D.G.E. Hood moved on page 13, after line 13, to insert before the present contents of clause 25 (to be designated as subclause (2)):

     “(1)      Section 50(1)—after paragraph (b) insert:

        (ba)   the administration of a body established for religious purposes in accordance with the precepts of that religion; or”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 11

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

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. T. J. Stephens

The Hon. S. G. Wade

The Hon. D.G.E. Hood (Teller)

      So it was resolved in the affirmative.

 

Noes, 10

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

                          Clause No. 25, as amended, agreed to.

                          Clauses No. 26 to No. 60 agreed to.

                          Clause No. 61 read.

                 The Hon. S. G. Wade moved on page 21, line 25, to leave out paragraph (f), on page 23, line 34 to page 24, line 4, to leave out subsection (7), and on page 24, line 9, to leave out “, caring responsibilities or religious appearance or dress” and insert “or caring responsibilities”.

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

                          Clause No. 61 agreed to.

                          Clause No. 62 read.

                 The Hon. D.G.E. Hood moved on page 32, line 18, to leave out “16” and insert “18”.

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

                          Clause No. 62 agreed to.

                          Clauses No. 63 to No. 66 agreed to.

                          Clause No. 67 read.

                 The Hon. D.G.E. Hood moved on page 36, lines 25 to 32, to leave out the clause.

                 Question - That Clause No. 67 stand as printed - put.

 

 

             Committee divided:

Ayes, 10

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (teller)

 

      So it passed in the negative.

 

Noes, 11

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

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. T. J. Stephens

The Hon. S. G. Wade

The Hon. D.G.E. Hood (teller)

 

 

                          Clause No. 67 struck out.

                          Clause No. 68 amended and agreed to.

                          Clause No. 69 agreed to.

                          Postponed Clause No. 7 agreed to.

                          Clauses No. 70 to No. 78 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 with amendments; whereupon the Council adopted such report.

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

 

 

18.

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

Message No. 50

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to provide for the registration of architects and architectural businesses; to regulate architectural practice for the purpose of maintaining high standards of competence and conduct by registered architects and registered architectural businesses; to repeal the Architects Act 1939; and for other purposes, without any amendment.

House of Assembly, 26 March 2009.                                                               J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Architectural Practice
Bill.

 

Message No. 51

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Fair Trading Act 1987, without any amendment.

House of Assembly, 7 April 2009.                                                                    J. J. SNELLING, Speaker.

 

Fair Trading
(Telemarketing)
Amendment Bill.

 

Message No. 52

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Authorised Betting Operations Act 2000, to which it desires the concurrence of the Legislative Council.

House of Assembly, 7 April 2009.                                                                    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.

 

Authorised Betting
Operations (Trade
Practices Exemption)
Amendment Bill.

19.

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

 

Postponement
of Business.

20.

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

 

Next Day of Sitting.

21.

Council adjourned at four minutes to eleven o’clock until tomorrow at eleven o’clock a.m.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

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. 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. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo