SOUTH AUSTRALIA]

No. 15

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  8  JUNE  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.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

   4.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (New Rules of Civil Procedure) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(New Rules of
Civil Procedure)
Amendment Bill.

   5.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7, No. 9 and No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

   6.

On the Order of the Day being read for the adjourned debate on the question - That the City of Adelaide (Representation Review) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned and ordered to be resumed on motion.

 

City of Adelaide
(Representation
Review)
Amendment Bill.

    7.

Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration on motion.

 

Postponement
of Business.

   8.

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

 

Supply 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 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.

 

 

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Criminal Law Consolidation (Throwing Objects at Moving Vehicles) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 which the Hon. N. Xenophon had moved to amend on page 2, line 4, by deleting “Moving” - further considered.

Criminal Law
Consolidation
(Throwing Objects
at Moving Vehicles)
Amendment Bill.

 

 

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

                          Clause No. 1, as amended, agreed to.

                          Clauses No. 2 to No. 4 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 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.

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

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Short Title Changed
to Criminal Law
Consolidation

(Throwing Objects
at Vehicles)
Amendment Bill.

10.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

11.

At fifteen minutes past twelve 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.

12.

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

                 By the Hon. J.S.L. Dawkins from 2,753 residents of South Australia, concerning the proposal to construct a tramline from Victoria Square to North Terrace in Adelaide.  The Petitioners pray that this Honourable House will do its utmost to convince the State Government not to proceed to construct such a tramline and remove trees, flag poles and median strip and create extreme congestion in Adelaide’s major thoroughfare.  The Petitioners also request the retention of the existing free bus routes in that vicinity.

Petitions:
No. 1 - Proposal to
Construct Tramline
from Victoria Square
to North Terrace.

 

 

                 By the Hon. S. M. Kanck from 78 residents of South Australia, concerning genetically modified crops.  The Petitioners pray that this Honourable House will amend the Genetically Modified Crop Management Act 2004 to -

·          extend South Australia’s commercial GM crop ban until 2009;

·          prohibit exemptions from the Act, particularly the protection of GM canola seed; and

·          commission State funded scientific research into GM organisms, health and the environment in close consultation with the SA public and other governments.

 

No. 2 - Genetically
Modified Crops.

  13.

The following Paper was laid upon the Table, viz.:

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

                 Natural Resources Management Council - Report, 2 September 2004 - 30 June 2005.

 

Paper.

14.

The Minister for Environment and Conservation (The Hon. G. E. Gago) tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. Hill, M.P.) concerning the Winter Demand Management Strategy for Hospitals.

 

Ministerial
Statement Tabled.

  15.

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

Message No. 19

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Superannuation Act 1988 and to make related amendments to the Superannuation Funds Management Corporation of South Australia Act 1995, to which it desires the concurrence of the Legislative Council.

House of Assembly, 7 June 2006.                                                                     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. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Messages from House of Assembly:
Superannuation
(Administered
Schemes)
Amendment Bill.

 

 

Message No. 20

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Road Traffic Act 1961, the Motor Vehicles Act 1959 and the Summary Offences Act 1953, to which it desires the concurrence of the Legislative Council.

House of Assembly, 7 June 2006.                                                                     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. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Road Transport
Compliance and
Enforcement)  Bill.

 

16.

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

 

In the Committee

 

                          Clauses No. 1 to No. 8 agreed to.

                          Clause No. 9 read.

                 The Hon. N. Xenophon moved on page 4, lines 30 to 39, and page 5, lines 1 to 34, to leave out subclause (5) and insert new subclause as follows:

     “(5)      Section 34(12)—delete subsection (12) and substitute:

     (12)      A regional development assessment panel may exclude the public from attendance during so much of a meeting as is necessary to receive, discuss or consider in confidence any of the following information or matters:

      (a)       information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead);

      (b)      information the disclosure of which—

       (i)       could reasonably be expected to confer a commercial advantage on a person, or to prejudice the commercial position of a person; and

      (ii)       would, on balance, be contrary to the public interest;

      (c)       information the disclosure of which would reveal a trade secret;

      (d)      commercial information of a confidential nature (not being a trade secret) the disclosure of which—

       (i)       could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and

      (ii)       would, on balance, be contrary to the public interest;

      (e)       matters affecting the safety or security of any person or property;

       (f)       information the disclosure of which could reasonably be expected to prejudice the maintenance of law, including by affecting (or potentially affecting) the prevention, detection or investigation of a criminal offence, or the right to a fair trial;

      (g)      matters that must be considered in confidence in order to ensure that the panel does not breach any law, order or direction of a court or tribunal constituted by law, any duty of confidence, or other legal obligation or duty;

      (h)      legal advice;

       (i)       information relating to actual litigation, or litigation that the panel believes on reasonable grounds will take place;

       (j)       information the disclosure of which—

       (i)       would divulge information provided on a confidential basis by or to a Minister of the Crown, or another public authority or official (not being an employee of a council, or a person engaged by a council); and

      (ii)     would, on balance, be contrary to the public interest.”.

                  Question - That the amendment be agreed to - put.

Development
(Panels) Bill.

 

             Committee divided:

Ayes, 5

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. N. Xenophon (Teller)

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 16

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

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)

 

 

 

                 The Hon. M. C. Parnell moved on page 6, line 12, to leave out “A” and insert “Subject to subsection (24a), a”.

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

                          Clause No. 9, as amended, agreed to.

                 The Hon. N. Xenophon moved on page 7, after line 5, to insert new clause as follows:

9A—Amendment of section 38—Public notice and consultation

Section 38—after subsection (16) insert:

     (17)      Subject to subsection (18), a person is entitled, on application to the relevant authority—

      (a)       to inspect (without charge); or

      (b)      on payment of a fee (specified by the relevant authority to cover its costs), to obtain a copy of,

any written representation made to a relevant authority under this section.

     (18)      A relevant authority may decline to provide a written representation, or part of a written representation, under subsection (17) if—

      (a)       the representation relates to a matter dealt with by the relevant authority on a confidential basis under this Act and the relevant authority resolves that details of the representation should also be kept confidential; or

      (b)      the representation falls within a class of documents excluded from the ambit of subsection (17) by the regulations.”.

                 Question - That new clause No. 9A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

 

 

                          Clause No. 10 read.

                 The Hon. S. M. Kanck moved on page 7, lines 30 to 42, page 8, lines 1 to 39, and page 9, lines 1 to 8, to leave out paragraphs (b) and (c) and insert the following:

     “(b)     the panel must be constituted so that the number of members of the panel who are members or officers of the council exceeds the number of members of the panel who are not members or officers of the council by 1, unless the council, with the approval of the Minister, determines to constitute a panel that has a majority of its members who are not members or officers of the council;

      (c)       in appointing persons who are not members or officers of the council, the council should seek to select persons so as to provide a range of knowledge, skills and experience across the areas that are relevant to the functions of the panel, such as—

        (i)      urban or regional planning;

       (ii)      local government operations;

      (iii)      biodiversity or conservation management;

      (iv)      the built environment, as it relates to heritage;

       (v)      community affairs and community development;

      (vi)      transport development (including, if relevant, transport flow management);

     (vii)      if relevant, coast, estuarine or marine management;

     (ca)      if the council decides to appoint an officer of the council as a member of the panel, the council must take steps to ensure that the officer is not directly involved in the assessment of applications under the Act (other than as a member of the panel), or in the preparation of any council report to the panel on the assessment of particular applications;”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 5

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. N. Xenophon (Teller)

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 16

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

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)

 

 

 

                 The Hon. N. Xenophon moved on page 11, lines 13 to 38, and page 12, lines 1 to 21, to leave out subclauses (11), (12) and (13) and insert new subclause as follows:

    “(11)     Section 56A(12)—delete subsection (12) and substitute:

     (12)      A council development assessment panel may exclude the public from attendance during so much of a meeting as is necessary to receive, discuss or consider in confidence any of the following information or matters:

      (a)       information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead);

      (b)      information the disclosure of which—

       (i)       could reasonably be expected to confer a commercial advantage on a person, or to prejudice the commercial position of a person; and

      (ii)       would, on balance, be contrary to the public interest;

      (c)       information the disclosure of which would reveal a trade secret;

      (d)      commercial information of a confidential nature (not being a trade secret) the disclosure of which—

       (i)       could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and

      (ii)       would, on balance, be contrary to the public interest;

      (e)       matters affecting the safety or security of any person or property;

       (f)       information the disclosure of which could reasonably be expected to prejudice the maintenance of law, including by affecting (or potentially affecting) the prevention, detection or investigation of a criminal offence, or the right to a fair trial;

      (g)      matters that must be considered in confidence in order to ensure that the panel does not breach any law, order or direction of a court or tribunal constituted by law, any duty of confidence, or other legal obligation or duty;

      (h)      legal advice;

       (i)       information relating to actual litigation, or litigation that the panel believes on reasonable grounds will take place;

       (j)       information the disclosure of which—

       (i)       would divulge information provided on a confidential basis by or to a Minister of the Crown, or another public authority or official (not being an employee of a council, or a person engaged by a council); and

      (ii)       would, on balance, be contrary to the public interest.”.

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

 

 

                 The Hon. S. M. Kanck moved on page 13, after line 32, to insert new subclauses as follows:

“(24a)     A council must prepare and adopt (and may then from time to time vary) a training policy for the members of its council development assessment panel.

  (24b)     The policy must be aimed at assisting members of its council development assessment panel to understand the operation of the Development Plan or Development Plans that relate to the area of the council, the principles that should be applied in the assessment of applications under this Act, and the operation of the other relevant provisions of this Act (and may incorporate such other elements as the council thinks fit).”.

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

                          Clause No. 10 otherwise amended and agreed to.

                          Clauses No. 11 to No. 13 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.

                 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.

 

 

17.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning the Land Management Corporation.

 

Ministerial
Statement Tabled.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Gas Pipelines Access (South Australia) (Greenfields Pipeline Incentives) 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. 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.

 

Gas Pipelines Access
(South Australia)
(Greenfields
Pipeline Incentives)
Amendment Bill.

19.

Ordered - That Orders of the Day (Government Business) No. 6 and No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

20.

On the Order of the Day being read for the adjourned debate on the question - That the Water Efficiency Labelling and Standards 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.

 

Water Efficiency Labelling and
Standards Bill.

21.

The Minister for Emergency Services (The Hon. C. Zollo), by leave, tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon.
J. D. Lomax-Smith, M.P.) concerning the South Australian Certificate of Education.

 

Ministerial
Statement Tabled.

22.

Ordered - That Order of the Day (Government Business) No. 10 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

23.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 20 June 2006, at fifteen minutes past two o’clock.

 

Postponement
of Business.

24.

Council adjourned at five o’clock until Tuesday, 20 June 2006, 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. N. Xenophon

The Hon. C. Zollo