SOUTH AUSTRALIA]

No. 40

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  7  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.

The Minister for Police (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

 

   3.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable him to introduce a Bill forthwith.

                 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.

 

 

                 The Minister for Police then moved - That he have leave to introduce a Bill for an Act to amend the Development Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Police 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.

 

Development (Regulated Trees) Amendment Bill.

 

   4.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

   5.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Electricity Industry Superannuation Scheme) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 5 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.

 

Statutes Amendment (Electricity Industry Superannuation Scheme) Bill.

   6.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

   7.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 6 and No. 8 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Domestic Partners) 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.

 

Statutes Amendment
(Domestic Partners)
Bill.

 

   9.

At one minute to one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

10.

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

         By the Hon. C. V. Schaefer from 4,309 residents of South Australia, concerning the possible closure of the Elizabeth South Nursing Home, also known as Tregenza Avenue Aged Care Services.  The Petitioners pray that this Honourable House will prevail upon the Government of South Australia to maintain funding to the Elizabeth South Nursing Home, allowing it to remain open.

 

Petition No. 18:
Possible Closure of
Elizabeth South
Nursing Home.

  11.

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

          By the President -

                 Reports, 2005-2006 -

                          Corporation -

                                   City of Unley.

                          District Council -

                                   Southern Mallee.

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

                 Primary Industries and Resources SA - Report, 2005-2006.

                      Ordered - That the Report be printed. (Paper No. 147)

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

                 Save the River Murray Fund - Report, 2005-2006.

 

Papers.

12.

The Hon. J. M. Gazzola brought up the First Report of the Printing Committee, 2006, and move that it be adopted.

                 Question put and passed.

                 The following Papers were ordered to be printed:

                          Adelaide Festival Centre - Report, 2005-2006.

                          Administrative and Information Services, Department for - Report, 2005-2006.

                          Ageing, Office for - Report, 2005-2006.

                          Animal and Plant Control Commission - Report, 2005.

                          Art Gallery of South Australia - Report, 2005-2006.

                          Chiropractors Board of South Australia - Report, 2005-2006.

                          Commissioners of Charitable Funds - Report, 2004-2005.

                          Construction Industry Long Service Leave Board - Report, 2005-2006.

                          Construction Industry Training Board - Report, 2005-2006.

                          Consumer and Business Affairs, Office of - Report, 2005-2006.

                          Correctional Services, Department for - Report, 2005-2006.

                          Courts Administration Authority - Report, 2005-2006.

Printing
Committee -
First Report, 2006.

 

                          Dairy Authority of South Australia -

                                    Report, 2004-2005.

                                    Report, 2005-2006.

                          Dental Board of South Australia -

                                    Report, 2004-2005.

                                    Report, 2005-2006.

                          Director of Public Prosecutions - Report, 2005-2006.

                          Education Adelaide - Report, 2005-2006.

                          Education and Children’s Services, Department of - Report, 2005.

                          Electricity Supply Industry Planning Council - Report, 2005-2006.

                          Energy Consumers’ Council - Report, 2005-2006.

                          Environment and Heritage, Department for - Report, 2005-2006.

                          Environment Protection Authority - Report, 2005-2006.

                          Equal Opportunity Commission - Report, 2005-2006.

                          Essential Services Commission of South Australia - Report, 2005-2006.

                          Funds SA - Report, 2005-2006.

                          Further Education, Employment, Science and Technology, Department of - Report, 2005.

                          Health, Department of - Report, 2005-2006.

                          History Trust of South Australia - Report, 2005-2006.

                          Independent Gambling Authority - Report, 2005-2006.

                          Industrial Relations Commission, President, and Senior Judges of the Industrial Relations Court - Report, 2005-2006.

                          Judges of the Supreme Court - Report, 2005.

                          Justice, Department of - Report, 2005-2006.

                          Land Management Corporation - Report, 2005-2006.

                          Legal Services Commission of South Australia -

                                    Report, 2004-2005.

                                    Report, 2005-2006.

                          Libraries Board of South Australia - Report, 2005-2006.

                          Local Government Finance Authority of South Australia - Report, 2006.

                          Local Government Grants Commission SA - Report, 2004-2005.

                          Medical Board of South Australia -

                                    Report, 2004-2005.

                                    Report, 2005-2006.

                          Motor Accident Commission - Report, 2005-2006.

                          Native Vegetation Council - Report, 2005-2006.

                          Nurses Board of South Australia - Report, 2005-2006.

                          Outback Areas Community Development Trust - Report, 2004-2005.

                          Police Superannuation Board - Report, 2005-2006.

                          Premier and Cabinet, Department of - Report, 2005-2006.

                          Public Advocate, Office of the -

                                    Report, 2004-2005.

                                    Report, 2005-2006.

                          Public Employment, Office of - Report, 2005-2006.

                          Public Trustee -

                                    Report, 2004-2005.

                                    Report, 2005-2006.

                          Radiation Protection and Control Act 1982 - Report, 2005-2006.

                          RESI Corporation - Report, 2006.

                          SA Lotteries - Report, 2005-2006.

                          SA Water - Report, 2005-2006.

                          Senior Secondary Assessment Board of South Australia - Report, 2005.

                          South Australia Police - Report, 2005-2006.

                          South Australian Classification Council - Report, 2005-2006.

                          South Australian Forestry Corporation - Report, 2005-2006.

                          South Australian Government Captive Insurance Corporation - Report, 2005-2006.

                          South Australian Government Financing Authority - Report, 2005-2006.

                          South Australian Housing Trust - Report, 2005-2006.

                          South Australian Multicultural and Ethnic Affairs Commission - Report, 2005-2006.

                          South Australian Museum Board - Report, 2005-2006.

                          South Australian Psychological Board - Report, 2005-2006.

 

 

                          South Australian Superannuation Board - Report, 2005-2006.

                          South Australian Tourism Commission - Report, 2005-2006.

                          State Electoral Office - Report, 2005-2006.

                          State Opera of South Australia - Report, 2005-2006.

                          State Theatre Company of South Australia - Report, 2005-2006.

                          Technical Regulator - Electricity - Report, 2005-2006.

                          Technical Regulator - Gas - Report, 2005-2006.

                          Trade and Economic Development, Department of -Report, 2005-2006.

                          Training and Skills Commission - Report, 2005.

                          Transport, Energy and Infrastructure - Report, 2005-2006.

                          Treasury and Finance, Department of - Report, 2005-2006.

                          West Beach Trust - Report, 2005-2006.

                          WorkCover SA - Report, 2005-2006.

 

 

13.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration on motion.

 

Postponement
of Business.

14.

Ordered - That Orders of the Day (Government Business) No. 5, No. 6 and No. 8 to No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

15.

The Minister for Emergency Services, by leave, tabled a copy of a Ministerial Statement made by the Minister for Agriculture, Food and Fisheries (The Hon. R. J. McEwen, M.P.) concerning Barley Marketing in South Australia.

 

Ministerial
Statement Tabled.

16.

The Minister for Emergency Services, by leave, tabled a copy of a Ministerial Statement made by the Minister for Agriculture, Food and Fisheries concerning the Use of Consultants in the Agriculture, Food and Fisheries Program.

 

Ministerial
Statement Tabled.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Emergency Management (State Emergency Relief Fund) 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 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.

 

Emergency
Management
(State Emergency
Relief Fund)
Amendment Bill.

 

18.

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

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                          Clause No. 5 read.

                 The Hon. S. M. Kanck moved on page 12, lines 1 to 38, and page 13, lines 1 to 39, to leave out the clause and insert new clause as follows:

Statutes Amendment
(Domestic Partners)
Bill.

 

5—Substitution of Part 3

Part 3—delete Part 3 and substitute:

Part 3—Domestic partners

11—Interpretation

In this Part—

close personal relationship means the relationship between 2 persons (whether or not related by family and irrespective of their gender) who live together as a couple with a mutual commitment to a shared life, but does not include—

      (a)       the relationship between a legally married couple; or

      (b)      the relationship between de facto partners; or

      (c)       a relationship where 1 of them provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;

de facto partner—a person is the de facto partner of another person if—

      (a)       in the case of 2 persons of the opposite sex—he or she (although not legally married to the other person) cohabits with the other person as his or her wife or husband de facto; and

      (b)      in the case of 2 persons of the same sex—he or she cohabits with the other person in a relationship that has the distinguishing characteristics of a relationship between a de facto husband and wife (except for the characteristic of different sex and other characteristics arising from that characteristic);

domestic co-dependant—a person is the domestic co-dependant of another person if—

      (a)       he or she lives with the other person in a close personal relationship; and

      (b)      he or she and the other person are parties to a domestic co-dependency agreement made under this Part;

domestic co-dependency agreement—see section 11A;

domestic partner—see section 11B;

lawyer's certificate means a certificate, signed by a lawyer, and endorsed on a domestic co-dependency agreement, certifying that—

      (a)       the lawyer explained to a party to the agreement, named in the certificate, in the absence of the other party to the agreement—

       (i)       the legal implications of the agreement; and

      (ii)       the legal implications of being the domestic co-dependant of another person; and

      (b)      the party gave the lawyer apparently credible assurances that the party was not acting under coercion or undue influence; and

      (c)       the party signed the agreement in the lawyer’s presence.

11A—Domestic co-dependency agreements

      (1)       Two adult persons who wish to be recognised under the law of this State as domestic co-dependants may make an agreement to be domestic co-dependants 1 of the other (a domestic co-dependency agreement).

      (2)       A domestic co-dependency agreement must be—

      (a)       in writing; and

      (b)      signed by each party to the agreement in accordance with this section.

      (3)       The signature of each party to a domestic co-dependency agreement must be attested by a lawyer's certificate and each certificate must be given by a different lawyer.

11B—Domestic partners

A person is, on a certain date, the domestic partner of another if he or she is, on that date, living with the other person as the person's de facto partner or domestic co-dependant and—

      (a)       he or she—

       (i)       has so lived with that other person continuously for the period of 3 years immediately preceding that date; or

      (ii)       has during the period of 4 years immediately preceding that date so lived with that other person for periods aggregating not less than 3 years; or

(b)       a child, of which he or she and the other person are the parents, has been born (whether or not the child is still living at that date).

 

 

11C—Declaration as to domestic partners

      (1)       A person whose rights or obligations depend on whether—

      (a)       he or she and another person; or

      (b)      2 other persons,

were, on a certain date, domestic partners 1 of the other may apply to the Court for a declaration under this section.

      (2)       If, on an application, the Court is satisfied that—

      (a)       the persons in relation to whom the declaration is sought were, on the date in question, domestic partners within the meaning of section 11B; or

      (b)      in any other case—

       (i)       the persons in relation to whom the declaration is sought were, on the date in question, de facto partners or domestic co-dependants; and

      (ii)       the interests of justice require that such a declaration be made,

the Court must declare that the persons were, on the date in question, domestic partners 1 of the other.

      (3)       When considering whether to make a declaration under this section, the Court must take into account all of the circumstances of the relationship between the persons in relation to whom the declaration is sought, including any 1 or more of the following matters as may be relevant in a particular case:

      (a)       the duration of the relationship;

      (b)      the nature and extent of common residence;

      (c)       whether or not a sexual relationship exists, or has existed;

      (d)      the degree of financial dependence and interdependence, or arrangements for financial support between the parties;

      (e)       the ownership, use or acquisition of property;

       (f)       the degree of mutual commitment to a shared life;

      (g)      any domestic partnership agreement made under the Domestic Partners Property Act 1996;

      (h)      the care and support of children;

       (i)       the performance of household duties;

       (j)       the reputation and public aspects of the relationship.

      (4)       A declaration may be made—

      (a)       whether or not 1 or both of the persons in relation to whom the declaration is sought are, or ever have been, domiciled in this State; or

      (b)      despite the fact that 1 or both of them are dead.

      (5)       It must not be inferred from the fact that the Court has declared that 2 persons were domestic partners 1 of the other, on a certain date, that they were domestic partners as at any prior or subsequent date.

      (6)       For the purpose of determining whether a person was, on a certain date, the domestic partner of another, circumstances occurring before or after the commencement of this Part may be taken into account.”.

                 Question - That all words in clause No. 5, down to but excluding “3” in line 25, stand as printed - put and passed.

                 The Hon. R. I. Lucas moved on page 12, line 25, to leave out “3” and insert “5”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 7

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. R. I. Lucas (Teller)

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

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. S. M. Kanck

The Hon. J.M.A. Lensink

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

                          Clause No. 5 agreed to.

                          Clauses No. 6 to No. 228 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.

                 The Minister for Environment and Conservation then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put.

 

 

             Council divided:

Ayes, 16

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. 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. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

      So it was resolved in the affirmative.

 

Noes, 3

The Hon. D.G.E. Hood

The Hon. T. J. Stephens

The Hon. A. L. Evans (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

19.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 63 from the House of Assembly relating to the Statutes Amendment (Justice Portfolio) Bill.

 

In the Committee

 

                 The Minister for Police moved - That the amendments be not insisted on.

                 Question - That the amendments be insisted on - put.

Statutes Amendment
(Justice Portfolio)
Bill.

 

             Committee divided:

Ayes, 8

The Hon. J.S.L. Dawkins

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. R. D. Lawson (Teller)

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. A. M. Bressington

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. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

_____________________

 

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

 

 

20.

Ordered - That Order of the Day (Government Business) No. 14 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

21.

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

 

In the Committee

 

                          Clauses No. 1 to No. 70 agreed to.

                 The Hon. M. C. Parnell moved on page 35, after line 5, to insert new clauses as follows:

Part 14A—Amendment of Motor Accident Commission Act 1992

70A—Amendment of section 3—Interpretation

      (1)       Section 3—after the definition of director insert:

employing authority means the person designated by proclamation as being the employing authority for the purposes of this definition;

      (2)       Section 3—after its present contents as amended by this section (now to be designated as subsection (1)) insert:

      (2)       A proclamation made for the purposes of the definition of employing authority

      (a)       may apply by reference to a specified person, or by reference to the person for the time being holding or acting in a specified office or position; and

      (b)      may, from time to time as the Governor thinks fit, be varied or substituted by a new proclamation.

70B—Amendment of section 15—Powers of Commission

Section 15—after its present contents (now to be designated as subsection (1)) insert:

      (2)       The Commission does not have the power to employ any person.

70C—Amendment of section 16—Common seal and execution of documents

Section 16(3)—delete "an employee of the Commission" and substitute:

a person employed under this Act

70D—Substitution of section 29A

Section 29A—delete the section and substitute:

29A—Staffing arrangements

      (1)       The employing authority may employ staff to perform functions in connection with the operations or activities of the Commission.

      (2)       The terms and conditions of employment of a person under subsection (1) will be determined by the employing authority.

 

Statutes Amendment
(Public Sector
Employment) Bill.

 

      (3)       A person employed under this section will be taken to be employed by or on behalf of the Crown (but will not be employed in the Public Service of the State unless brought into an administrative unit under the Public Sector Management Act 1995).

      (4)       The employing authority may direct a person employed under this section to perform functions in connection with the operations or activities of a public sector agency specified by the employing authority (and the person must comply with that direction).

      (5)       The employing authority is, in acting under this section, subject to direction by the Minister.

      (6)       However, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of a particular person.

      (7)       The employing authority may delegate a power or function under this section.

      (8)       A delegation under subsection (7)—

      (a)       must be by instrument in writing; and

      (b)      may be made to a body or person (including a person for the time being holding or acting in a specified office or position); and

      (c)       may be unconditional or subject to conditions; and

      (d)      may, if the instrument of delegation so provides, allow for the further delegation of a power or function that has been delegated; and

      (e)       does not derogate from the power of the employing authority to act personally in any matter; and

       (f)       may be revoked at any time by the employing authority.

      (9)       A change in the person who constitutes the employing authority under this Act does not affect the continuity of employment of a person under this section.

     (10)      The Commission must, at the direction of the Minister, the Treasurer or the employing authority, make payments with respect to any matter arising in connection with the employment of a person under this section (including, but not limited to, payments with respect to salary or other aspects of remuneration, leave entitlements, superannuation contributions, taxation liabilities, workers compensation payments, termination payments, public liability insurance and vicarious liabilities).

     (11)      The Commission may, under an arrangement established by a Minister administering an administrative unit, make use of the services or staff of that administrative unit.

     (12)      In this section—

public sector agency has the same meaning as in the Public Sector Management Act 1995.”.

                 Question - That new clauses No. 70A to No. 70D, as proposed to be inserted by the Hon. M. C. Parnell, be so inserted - put.

 

 

             Committee divided:

Ayes, 2

The Hon. S. M. Kanck

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 17

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

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. 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. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

                          Clauses No. 71 to No. 108 agreed to.

                 The Hon. M. C. Parnell moved on page 55, after line 31, to insert new clause as follows:

Part 23A—Amendment of State Procurement Act 2004

108A—Amendment of section 12—Functions of Board

Section 12—after subsection (2) insert:

      (3)       The Board must, in connection with the performance of its functions under subsection (1)(b), develop a policy that is directed towards promoting (subject to other relevant factors) the procurement of services from persons who employ or engage staff under terms and conditions that meet standards established or reflected in awards, agreements or arrangements that apply under the industrial laws of the State in the relevant industry or other category of enterprise or activity.”.

                 Question - That new clause No. 108A, as proposed to be inserted by the Hon. M. C. Parnell, be so inserted - put.

 

 

             Committee divided:

Ayes, 2

The Hon. S. M. Kanck

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 18

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. 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. 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. C. Zollo

The Hon. P. Holloway (Teller)

 

 

                          Clauses No. 109 to No. 131 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 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.

 

 

  22.

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

Message No. 68

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Electricity Corporations Act 1994 and the Electricity Corporations (Restructuring and Disposal) Act 1999, without any amendment.

House of Assembly, 7 December 2006.                                                           J. J. SNELLING, Speaker.

                

Message from
House of Assembly:
Statutes Amendment
(Electricity Industry
Superannuation
Scheme) Bill.

23.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. N. Xenophon -

I.       That this Council notes -

(a)     The Environmental Protection Authority (EPA) draft report of July 2006 entitled “Stage One: Kilburn/Gepps Cross Area Study: Review of the Environmental Issues and Ambient Air Quality”;

(b)     The EPA report of September 2006 entitled “Reporting to the Community: Industry Environmental Improvement Project in the Kilburn and Gepps Cross Area”;

(c)     The concerns of residents in the Kilburn area over air quality and associated health concerns, including the impact of the operation of the Bradken Foundry at Kilburn on air quality and health of local residents; and

(d)     The granting of Major Project status for a development application for a proposed expansion of the Bradken Foundry.

II.      And that this Council calls on the Minister for the Environment to -

(a)     Require the EPA, as a matter of urgency, to undertake further environmental monitoring of the air quality of Kilburn, particularly in the vicinity of the Bradken Foundry and to publicly disclose all such monitoring results;

(b)     Request that the Minister for Health conduct an urgent health audit of Kilburn residents (including a comparative study) living in the vicinity of the Bradken Foundry to determine any link between emissions from the Bradken Foundry and health effects on residents; and

(c)     Request that the Minister for Urban Development and Planning defer any further consideration of the Bradken Foundry expansion application until the further EPA monitoring and the health audit referred to have taken place and have been the subject of community consultation:

                 Debate resumed.

                 The Minister for Environment and Conservation moved to amend the motion in paragraph II by leaving out all words after “And that this Council calls on the Minister for the Environment to -” and inserting the following:

“(a)   Require the EPA to complete the monitoring of Volatile Organic Compounds to provide a comprehensive understanding of the air quality of Kilburn;

(b)     Require the EPA to publicly disclose all such monitoring results;

(c)     Require the EPA to undertake follow up monitoring in an appropriate timeframe so that an assessment can be made of improvements in air quality as a result of source management strategies; and

(d)     Request that the EPA work with licensees in the Kilburn region to address impacts on the local air shed in a manner that goes ‘beyond compliance’.”.

                 Question - That the words proposed to be struck out by the Minister for Environment and Conservation, stand part of the motion - put.

EPA Monitoring of
Air Quality in
Kilburn/Gepps
Cross Areas -
Motion re.

 

             Council divided:

Ayes, 12

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

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

The Hon. M. C. Parnell (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

     

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

 

.

24.

Ordered - That the Orders of the Day (Private Business) No. 2 and No. 3 be Orders of the Day for Wednesday, 7 February 2007.

 

Postponement
of Business.

25.

The Minister for Police moved - That the Council, at its rising, do adjourn until Tuesday, 6 February 2007, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day
of Sitting.

26.

Council adjourned at twenty minutes past six o’clock until Tuesday, 6 February 2007, 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. 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. C. Zollo