SOUTH AUSTRALIA]

No. 80

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  8  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.

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

        By the Minister for Industry and Trade (The Hon. P. Holloway) -

                 Reports, 2004-2005 -

                          Adelaide Film Festival.

                          Department of Trade and Economic Development.

                          Disability Information and Resources Centre Inc.

                          South Australian Infrastructure Corporation.

                          South Australian Museum Board.

                          TransAdelaide.

                 Report, 2005 -

                          Section 71 of the Evidence Act 1929 - Relating to Suppression Orders.

                 Regulations under the following Acts -

                          Harbors and Navigation Act 1993 - Point Turton.

                          Motor Vehicles Act 1959 - Motor Bike Licences.

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

                 Reports, 2004-2005 -

                          Adelaide Cemeteries Authority.

                          West Beach Trust.

                 City of Norwood-Payneham St. Peters - Heritage (Payneham) Plan Amendment Report.

                 City of Norwood-Payneham St. Peters - Heritage (St. Peters, Kensington and Norwood) Plan Amendment Report.

                 The Administration of the Development Act 1993 - Report to Parliament for the period 1 July 2004 to 30 June 2005.

                 The Planning Strategy for South Australia 2004-2005 - Report to Parliament.

Papers.

 

 

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

                 Reports, 2004-2005 -

                          Actuarial Investigation of the State and Sufficiency of the Construction Industry Fund.

                          Administration of the State Records Act 1997.

                          Animal Welfare Advisory Committee.

                          Board of the Botanic Gardens and State Herbarium.

                          Construction Industry Long Service Leave Board.

                          Country Arts SA.

                          Department for Environment and Heritage.

                          Department of Water, Land and Biodiversity Conservation.

                          Dog and Cat Management Board.

                          General Reserves Trust.

                          Independent Gambling Authority.

                          Land Board.

                          Maralinga Lands Unnamed Conservation Park Board.

                          Mining and Quarrying Occupational Health and Safety Committee.

                          Privacy Committee of South Australia.

                          River Murray Act 2003.

                          SA Water.

                          South Australian Community Housing Authority.

                          South Australian Youth Arts Board.

                          State Heritage Authority.

                          Wilderness Protection Act 1992 - South Australia.

                          Wildlife Advisory Committee.

                          WorkCover SA.

                 The Institution of Surveyors Australia - South Australia Division Inc. - Report for the eighteen month period ended 30 June 2005.

                 Upper South East Dryland Salinity and Flood Management Act 2002 -

                          Report, 2004-2005.

                          Report, 1 July 2004 - 30 September 2004.

                          Report, 1 July 2005 - 30 September 2005.

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 - Dry Areas - Copper Coast.

                          Natural Resources Management Act 2004 -

                                   Mallee Prescribed Wells Area.

                                   Peake, Roby and Sherlock Prescribed Wells Area.

 

 

 

                                   Western Mount Lofty Ranges.

                                   Western Mount Lofty Ranges Prescribed Wells Area.

                                   Western Mount Lofty Ranges Surface Water Area.

                          Renmark Irrigation Trust Act 1936 - Water Allocation.

                          Retail and Commercial Leases Act 1995 - Adelaide Airport Limited.

        By the Minister for Correctional Services (The Hon. T. G. Roberts) -

                 Department for Correctional Services - Report, 2004-2005.

        By the Minister for Mental Health and Substance Abuse (The Hon. C. Zollo) -

                 Reports, 2004-2005 -

                          Construction Industry Training Board.

                          Primary Industries and Resources SA.

                 Flinders University - Report, 2004.

                 Regulations under the following Acts -

                          Citrus Industry Act 2005 - Citrus Industry Fund.

                          Fisheries Act 1982 -

                                   Bait Net.

                                   Delivery and Storage.

                                   Rock Lobster Fisheries.

                                   Vessel Monitoring Scheme Unit.

                          Primary Industry Funding Schemes Act 1998 - Citrus Growers Fund.

                          Primary Product (Food Safety Schemes) Act 2004 - Citrus Industry Advisory Committee.

 

 

 

    4.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M. P.) concerning Anti Terrorism Laws.

 

Ministerial
Statement Tabled.

 

    5.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. Hill, M.P.) concerning Native Vegetation.

 

Ministerial
Statement Tabled.

 

    6.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Families and Communities (The Hon. J. Weatherill, M.P.) concerning the Children in State Care Commission of Inquiry: Report as to a Particular Matter.

 

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 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

 

   9.

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.

                 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. 4 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 Aboriginal Affairs and Reconciliation 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.

 

Liquor Licensing
(Exemption for
Tertiary Institutions)
Amendment Bill.

 

10.

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

 

                          Clause No. 69 further considered.

                 The Hon. J.M.A. Lensink moved on page 26, after line 10, to insert new subclause as follows:

    “(a1)     Section 3, definition of certificated agreement—delete the definition and substitute:

certified cohabitation agreement—a cohabitation agreement is a certified cohabitation agreement if—

      (a)       the agreement contains a provision (the warranty of asset disclosure) under which each party warrants that he or she has disclosed all relevant assets to the other; and

      (b)      the signature of each party to the agreement is attested by a lawyer's certificate and the certificates are given by different lawyers;”.

                 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.

 

Statutes Amendment
(Relationships) Bill.

 

11.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Children’s Protection (Keeping Them Safe) Amendment Bill.

 

Children’s
Protection
(Keeping Them Safe)
Amendment Bill.

 

 

In the Committee

 

                          Clause No. 1 amended and agreed to.

                          Clauses No. 2 to No. 4 agreed to.

                          Clause No. 5 amended and agreed to.

                          Clause No. 6 read.

                 The Hon. N. Xenophon moved on page 5, after line 35, to insert new subclause as follows:

              “(2a)    Section 6(1)—after the definition of Department insert:

                          drug includes alcohol;”.

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

                          Clause No. 6 agreed to.

                          Clause No. 7 agreed to.

                          Clause No. 8 read.

                 The Hon. K. J. Reynolds moved on page 6, after line 12, to insert new subclause as follows:

     “(3)      Section 8—after its present contents as amended by this section (now to be designated as subsection (1)) insert:

                 (2)     The Minister must, in cases where child abuse or neglect is substantiated, ensure—

                          (a)   that appropriate services are available—

(i)      to minimise the effects of the abuse or neglect on the affected child or children; and

(ii)     to foster, maintain and strengthen family relationships so far as that object is feasible in the circumstances and consistent with the best interests of the child or children affected by the abuse or neglect; and

(iii)    to provide necessary material and psychological support; and

                          (b)    that the affected families are given every possible encouragement to avail themselves of those services.

                 (3)     The Minister must ensure that, when a child is placed in the care of persons approved as foster parents under the Family and Community Services Act 1972, the foster parents are provided with appropriate and adequate support and resources to care for the child properly.”.

                 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.

 

 

 

12.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 8 and No. 10 to No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement
of Business.

 

13.

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.

                 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. 9 agreed to.

                          Schedule agreed to

                          Title agreed to.

_____________________

 

River Murray
(Miscellaneous)
Amendment Bill.

 

 

                 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 Mental Health and Substance Abuse, 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.

 

 

 

14.

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.

 

15.

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

 

Postponement
of Business.

 

16.

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. J. M. Gazzola, the debate was adjourned until next day of sitting.

 

Victoria Square
Bill.

 

17.

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

 

                          Clause No. 69, which the Hon. J.M.A. Lensink had moved to amend on page 26, after line 10, by inserting new subclause as follows:

    “(a1)     Section 3, definition of certificated agreement—delete the definition and substitute:

certified cohabitation agreement—a cohabitation agreement is a certified cohabitation agreement if—

      (a)       the agreement contains a provision (the warranty of asset disclosure) under which each party warrants that he or she has disclosed all relevant assets to the other; and

      (b)      the signature of each party to the agreement is attested by a lawyer's certificate and the certificates are given by different lawyers;”.

                 - further considered.

                 Amendment, by leave, withdrawn.

                 The Hon. J.M.A. Lensink moved on page 26, after line 10, to insert new subclause as follows:

    “(a1)     Section 3, definition of certified agreement—delete the definition and substitute:

certified domestic relationship property agreement—a domestic relationship property agreement is a certified domestic relationship property agreement if—

      (a)       the agreement contains a provision (the warranty of asset disclosure) under which each party warrants that he or she has disclosed all relevant assets to the other; and

      (b)      the signature of each party to the agreement is attested by a lawyer's certificate and the certificates are given by different lawyers;”.

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

                 The Hon. T. G. Cameron moved on page 26, lines 10 to 17, to leave out the clause and insert new clause as follows:

“69B—Amendment of section 3—Definitions

      (1)       Section 3, definition of child—delete "de facto" first occurring and substitute:

domestic

      (2)       Section 3, definition of child, (a)—delete "the de facto partners" and substitute:

both of the domestic partners”.

                 Question - That new subclause No. 69B (1) and (2) as proposed to be inserted by the Hon.
T. G. Cameron be so inserted - put.

 

Statutes Amendment
(Relationships) Bill.

 

 

             Committee divided:

Ayes, 3

The Hon. J. F. Stefani

The Hon. A. L. Evans

The Hon. T. G. Cameron (Teller)

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 14

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

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. P. Holloway (Teller)

 

 

 

                          Clause No. 69, as amended and otherwise amended, agreed to.

                          New clause No. 69A inserted.

                          New clause No. 69B inserted.

                          New clause No. 69C inserted.

                          New clause No. 69D inserted.

                          New clause No. 69E inserted.

                          New clause No. 69F inserted.

                          New clause No. 69G inserted.

                          New clause No. 69H inserted.

                          New clause No. 69I inserted.

                          New clause No. 69J inserted.

                          New clause No. 69K inserted.

                          New clause No. 69L inserted.

                          Postponed clause No. 4 amended and agreed to.

                          Postponed clause No. 5 amended and agreed to.

                          Postponed clause No. 6 amended and agreed to.

                          Postponed clause No. 7 amended and agreed to.

                          Postponed clause No. 8 amended and agreed to.

                          Postponed clause No. 9 amended and agreed to.

                          Postponed clause No. 10 amended and agreed to.

                          Postponed clause No. 11 amended and agreed to.

                          Postponed clause No. 12 amended and agreed to.

                          Postponed clause No. 13 amended and agreed to.

                          Postponed clause No. 14 amended and agreed to.

                          Postponed clause No. 15 agreed to.

                          Postponed clause No. 16 amended and agreed to.

                          Postponed clause No. 17 amended and agreed to.

                          Postponed clause No. 18 amended and agreed to.

                          Postponed clause No. 19 amended and agreed to.

                          Postponed clause No. 20 amended and agreed to.

                          Postponed clause No. 21 amended and agreed to.

                          Postponed clause No. 22 amended and agreed to.

                          Postponed clause No. 23 amended and agreed to.

                          Postponed clause No. 24 amended and agreed to.

                          Postponed clause No. 25 amended and agreed to.

                          Postponed clause No. 26 amended and agreed to.

                          Postponed clause No. 27 amended and agreed to.

                          Postponed clause No. 28 amended and agreed to.

                          Postponed clause No. 29 amended and agreed to.

                          Postponed clause No. 30 amended and agreed to.

                          Postponed clause No. 31 amended and agreed to.

                          Postponed clause No. 32 amended and agreed to.

                          Postponed clause No. 33 amended and agreed to.

                          Postponed clause No. 34 amended and agreed to.

 

 

 

                          Postponed clause No. 35 amended and agreed to.

                          Postponed clause No. 36 amended and agreed to.

                          Postponed clause No. 37 amended and agreed to.

                          Postponed clause No. 38 amended and agreed to.

                          Postponed clause No. 39 amended and agreed to.

                          Postponed clause No. 40 amended and agreed to.

                          Postponed clause No. 41 amended and agreed to.

                          Postponed clause No. 42 amended and agreed to.

                          Postponed clause No. 43 amended and agreed to.

                          Postponed clause No. 44 amended and agreed to.

                          Postponed clause No. 45 amended and agreed to.

                          Postponed clause No. 46 amended and agreed to.

                          Postponed clause No. 47 amended and agreed to.

                          Postponed clause No. 48 agreed to.

                          Postponed clause No. 49 amended and agreed to.

                          Postponed clause No. 50 agreed to.

                          Postponed clause No. 51 amended and agreed to.

                          Postponed clause No. 52 amended and agreed to.

                          Postponed clause No. 53 amended and agreed to.

                          Postponed clause No. 54 amended and agreed to.

                          Postponed clause No. 55 amended and agreed to.

                          Postponed clause No. 56 amended and agreed to.

                          Postponed clause No. 57 amended and agreed to.

                          Postponed clause No. 58 amended and agreed to.

                          Postponed clause No. 59 amended and agreed to.

                          Postponed clause No. 60 amended and agreed to.

                          Postponed clause No. 61 amended and agreed to.

                          Postponed clause No. 62 amended and agreed to.

                          Postponed clause No. 63 amended and agreed to.

                          Postponed clause No. 64 amended and agreed to.

                          Postponed clause No. 65 amended and agreed to.

                          Postponed clause No. 66 amended and agreed to.

                          Postponed clause No. 67 amended and agreed to.

                          Postponed clause No. 68 amended and agreed to.

                          Clause No. 70 amended and agreed to.

                          Clause No. 71 amended and agreed to.

                          Clause No. 72 amended and agreed to.

                          Clause No. 73 amended and agreed to.

                          Clause No. 74 amended and agreed to.

                          Clause No. 75 amended and agreed to.

                          Clause No. 76 amended and agreed to.

                          Clauses No. 77 and No. 78 agreed to.

                          Clause No. 79 amended and agreed to.

                          Clause No. 80 amended and agreed to.

                          Clause No. 81 amended and agreed to.

                          Clause No. 82 amended and agreed to.

                          Clause No. 83 amended and agreed to.

                          Clauses No. 84 and No. 85 agreed to.

                          Clause No. 86 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.

 

 

 

  18.

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

 

Postponement
of Business.

 

 

19.

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

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. G. Cameron

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