SOUTH AUSTRALIA]

No. 49

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  8  APRIL  2008

 

 

 

    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, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Legal Profession Bill.

                 Question put and passed.

 

Legal Profession Bill.

    3.

The Hon. I. K. Hunter brought up the Report of the Social Development Committee on its Inquiry into the South Australian Certificate of Education.

                 Ordered - That the Report be printed.  (Paper No. 233)

 

Social Development
Committee - Report
on its Inquiry into
South Australian
Certificate of
Education.

    4.

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

        By the Minister for Police -

                 Regulations under the following Act -

                          Protective Security Act 2007 - General.

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

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 -

                                   Bordertown Area.

                                   Ceduna and Thevenard.

                 Natural Resources Management Board Levy Proposals 2007-2008 - Report by the Natural Resources Committee of Parliament - Response document by the Minister for Environment and Conservation.

                 South Australian Water Corporation - Charter, February 2008.

        By the Minister for Mental Health and Substance Abuse (The Hon. G. E. Gago) -

                 Regulations under the following Act -

                          Controlled Substances Act 1984 - Sale of Petroleum Products.

 

Papers.

   5.

The Minister for Environment and Conservation, by leave, tabled a copy of a Ministerial Statement made by the Minister for Water Security (The Hon. K. A. Maywald, M.P.) concerning the Revised SA Water Charter.

 

Ministerial
Statement Tabled.

   6.

The Minister for Environment and Conservation, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning the new Chief Executive of SA Ambulance Service.

 

Ministerial
Statement Tabled.

    7.

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

 

Postponement
of Business.

   8.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement
of Business.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Public Order Offences) 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. 6 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
(Public Order
Offences) Bill.

10.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

11.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Double Jeopardy) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until next day of sitting.

 

Criminal Law
Consolidation
(Double Jeopardy)
Amendment Bill.

12.

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

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Drug Detection Powers) Amendment 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 an Order of the Day for next day of sitting.

 

Controlled
Substances (Drug
Detection Powers)
Amendment Bill.

14.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

15.

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

Message No. 81

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendments made by the Legislative Council in the Criminal Law (Sentencing) (Victims of Crime) Amendment Bill as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 3 April 2008.                                                                    J. J. SNELLING, Speaker.

 

Message from
House of Assembly:
Criminal Law
(Sentencing)
(Victims  of Crime)
Amendment Bill.

 

 

Schedule of the Amendments made by the Legislative Council

to which the House of Assembly has disagreed

Amendment No. 1–

Clause 6, page 4, line 24 to 28—

Clause 6(7), inserted subsection (5)—delete the definitions of prescribed summary offence and total incapacity and substitute:

prescribed summary offence means a summary offence that has caused the death of, or serious harm to, a person;

serious harm means—

      (a)       harm that endangers, or is likely to endanger, a person's life; or

      (b)      harm that consists of, or is likely to result in, loss of, or serious and protracted impairment of, a part of the body or a physical or mental function; or

      (c)       harm that consists of, or is likely to result in, serious disfigurement.

Amendment No. 2–

New Clause, page 5, after line 18—

After clause 7 insert:

7A—Insertion of section 44A

Before section 45 insert:

44A—Assistance to victims etc

      (1)       If—

      (a)       a court intends to—

       (i)       impose a sentence of community service on a person in respect of an offence; or

      (ii)       include a condition requiring the performance of community service in a bond imposed on a person in respect of an offence; and

      (b)      the court is advised by a victim of the offence, or by the prosecution on behalf of a victim of the offence, that the victim would like the defendant to be required to perform community service in accordance with this section,

the court may order that the community service, or a specified number of hours of the community service, consist of projects or tasks—

      (c)       for the benefit of the victim; or

      (d)      of a kind requested by the victim.

      (2)       If a court refuses to make an order under this section, the court should state the reasons for that refusal.

      (3)       If a court makes an order under this section in relation to a person, the community corrections officer to whom the person is assigned must consult with the victim before issuing any directions requiring the person to perform projects or tasks.

      (4)       This section does not apply in relation to the performance of community service by a youth.1

Note—

1        See Young Offenders Act 1993 section 51(1) which provides that work selected for the performance of community service under that Act must be for the benefit of specified persons and bodies, including the victim of the offence.

M. LEHMAN, Clerk of the House of Assembly.

 

 

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

16.

Council adjourned at twenty five minutes past five o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. J. A. Darley

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