SOUTH AUSTRALIA]

No. 79

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

MONDAY  7  NOVEMBER  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.

The Minister for Industry and Trade (The Hon. P. Holloway), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Statutes Amendment and Repeal (Aggravated Offences) Bill.

                 Question put and passed.

 

Statutes Amendment and Repeal
(Aggravated
Offences) Bill.

 

   3.

Answers to Questions on Notice Nos. 3, 130 to 132, 134 to 136, 208, 213, 218, 223, 226, 228, 229, 248, 250, 251, 254 to 258, 260, 264, 280, 281 and 285 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 President -

                 Reports, 2004-2005 -

                          District Council of Ceduna.

                          District Council of Cleve.

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Children in State Care Commission of Inquiry - Report, 2005.

 

Papers.

 

    5.

The Hon. R. K. Sneath brought up the Report of the Statutory Authorities Review Committee on its Inquiry into the WorkCover Corporation of South Australia.

                 Ordered - That the Report be printed.  (Paper No. 230)

 

Statutory Authorities Review Committee -
Report on Inquiry into the
WorkCover
Corporation of
South Australia.

 

 

   6.

The Minister for Industry and Trade, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended by one hour for the purpose of considering the Auditor-General’s Report, 2004-2005.

                 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.

 

    7.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning an Anti-Corruption Branch Investigation.

 

Ministerial
Statement Tabled.

 

    8.

The Minister for Mental Health and Substance Abuse (The Hon. C. Zollo), by leave, tabled a copy of a letter from W. M. Haydon, Principal Audit Manager to Mr. David Place, Acting Chief Executive Officer, Emergency Services Administration Unit, dated 11 August 2005.

 

Document Tabled.

 

    9.

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

 

Postponement
of Business.

 

  10.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

 

  11.

On the Order of the Day being read for the adjourned debate on the question - That the Mining (Royalty No. 2) 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 agreed to.

                          Clause No. 2 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.

 

Mining
(Royalty No. 2) Amendment Bill.

 

12.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Victoria Square 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.

 

Victoria Square Bill.

 

14.

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

 

In the Committee

 

                 New clauses No. 68A and 68B, as proposed to be inserted by the Hon. J.M.A. Lensink, on page 26, after line 9, as follows:

             68A—Amendment of long title

Long title—delete "de facto" and substitute:

certain domestic

               68B—Amendment of section 1—Short title

Section 1—delete "De Facto Relationships Act 1996" and substitute:

Domestic Relationships Property Act 1996”.

        - further considered.

                 The Hon. A. L. Evans moved - That the Chairperson report progress and ask leave to sit again.

                          Question put.

Statutes Amendment
(Relationships) Bill.

 

 

             Committee divided:

Ayes, 6

The Hon. J.S.L. Dawkins

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. A. L. Evans (Teller)

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. G. E. Gago

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                 On motion of the Minister for Industry and Trade, Committee resolved 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 motion.

 

 

15.

At two minutes past 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.

16.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 5 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Victims of Crime (Legal Costs and Disbursements) Amendment 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.

 

Victims of Crime
(Legal Costs and
Disbursements)
Amendment Bill.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Guardianship and Administration (Miscellaneous) 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.

 

Guardianship and
Administration
(Miscellaneous)
Amendment Bill.

19.

Ordered - That Order of the Day (Government Business) No. 8 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

20.

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

Message No. 130

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 1, 2 and 4 made by the Legislative Council in the Justices of the Peace Bill without any amendment and has agreed to Amendment No. 3, with an amendment, as indicated in the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.  The Bill is returned herewith.

House of Assembly, 7 November 2005.                                                                 R. B. SUCH, Speaker.

 

Message from
House of Assembly:
Justices of the
Peace Bill.

 

 

Schedule of the amendment made by the House of Assembly

to Amendment No. 3 of the Legislative Council

Legislative Council’s Amendment

Clause 7, page 6, lines 7 to 9—

          Delete subclause (2) and substitute:

                 “(2)   A special justice will be appointed on conditions determined by the Governor for a term, not exceeding 5 years, specified in the instrument of appointment”.

House of Assembly’s Amendment thereto

Clause 7, page 6, new subclause 2—

          After “appointment” insert:

                 “and, at the expiration of a term of appointment, is eligible for reappointment”.

D. A. BRIDGES, Clerk of the House of Assembly.

 

 

                 Ordered - That the Message be taken into consideration forthwith.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                 Resolved - That the amendment made by the House of Assembly to Amendment No. 3 be agreed to.

_____________________

 

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

 

 

21.

On the Order of the Day being read for the adjourned debate on the question - That the Liquor Licensing (Exemption for Tertiary Institutions) Amendment 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.

 

Liquor Licensing
(Exemption for
Tertiary Institutions)
Amendment Bill.

22.

On the Order of the Day being read for the adjourned debate on the question - That the Local Government (Lochiel Park Lands) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned until next day of sitting.

 

Local Government
(Lochiel Park Lands)
Amendment Bill.

23.

Ordered - That Order of the Day (Government Business) No. 12 be an Order of the Day for next day of sitting.

 

Postponement
 of Business.

24.

On the Order of the Day being read for the adjourned debate on the question - That the River Murray (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.

 

River Murray
(Miscellaneous)
Amendment Bill.

25.

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

 

In the Committee

 

                 New clauses No. 68A and 68B, as proposed to be inserted by the Hon. J.M.A. Lensink, on page 26, after line 9, as follows:

             “68A—Amendment of long title

Long title—delete "de facto" and substitute:

certain domestic

               68B—Amendment of section 1—Short title

Section 1—delete "De Facto Relationships Act 1996" and substitute:

Domestic Relationships Property Act 1996”.

        - further considered.

                 Question - That new clauses No. 68A and No. 68B, as proposed to be inserted by the Hon. J.M.A. Lensink be so inserted - put.

Statutes Amendment
(Relationships) Bill.

 

             Committee divided:

Ayes, 12

The Hon. G. E. Gago

The Hon. J.M.A. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. J.M.A. Lensink (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. J.S.L. Dawkins

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. J. F. Stefani

The Hon. A. L. Evans (Teller)

 

 

 

                          New clause No. 68A inserted.

                          New clause No. 68B inserted.

                          Clause No. 69 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.

 

 

26.

On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Serious Drug Offences) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Controlled Substancs
(Serious Drug
Offences)
Amendment Bill.

27.

Council adjourned at twenty-two 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. 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. T. G. Roberts

 

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo