SOUTH AUSTRALIA]

No. 26

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  8  DECEMBER  2004

 

 

 

   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 following Papers were laid upon the Table, viz.:

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

                 Reports, 2003-2004 -

                          Art Gallery of South Australia.

                          Bio Innovation SA.

 

Papers.

 

   3.

The Hon. J. M. Gazzola brought up the Tenth Report, 2004-2005, of the Legislative Review Committee.

Legislative
Review
Committee -
Tenth Report,
2004-2005.

 

 

   4.

The Hon. J. M. Gazzola brought up the Eleventh Report, 2004-2005, of the Legislative Review Committee, which was read by the Clerk as follows -

                 The By-law and Regulation listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
By-law and
Regulation, the Committee may decide to take no further action.

                 By-law referred to -

Local Government Act 1999 - District Council of Cleve - By-law No. 4 - Local Government Land.

                 Regulation referred to -

Victims of Crime Act 2001 - Statutory Compensation.

 

Legislative
Review
Committee -
Eleventh Report,
2004-2005.

 

 

   5.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for Science and Information Technology (The Hon. P. L. White, M.P.) concerning the State Broadband Strategy.

 

Ministerial
Statement Tabled.

 

   6.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. P. L. White, M.P.) concerning the Freight Industry.

 

Ministerial
Statement Tabled.

 

   7.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) tabled a copy of a Ministerial Statement made by the Minister for State/Local Government Relations (The Hon. R. J. McEwen, M.P.) concerning the Electoral Commissioner’s Report on Local Government Activities Conducted by the State Electoral Office, 2003-2004.

 

Ministerial
Statement Tabled.

 

   8.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

 

    9.

The Hon. K. J. Reynolds, pursuant to notice, moved -

       I.      That this Council notes that Friday, 3 December 2004, was International Day of Disabled Persons.

      II.      That this Council further notes -

(a)     the valuable and willing contribution made by people with disabilities to the development, strength and diversity of the South Australian community;

(b)    that people with disabilities continue to experience barriers to employment, education, premises, technology, transport, accommodation, support and services that diminish their access to full participation in the community; and

(c)     that many people with disabilities and their carers live in poverty with increasing concern about the adequacy of future income and social support.

    III.      That this Council calls on the Federal Government to address barriers to participation by leading an active response to unmet need, reviewing funding arrangements through the Commonwealth-State/Territory Disability Agreement, providing increased access to education, employment and training options, reinstating a permanent Disability Discrimination Commissioner and expediting the completion of standards under the Disability Discrimination Act 1992.

                 And the Hon. K. J. Reynolds having obtained leave to conclude her remarks, the debate was adjourned until Wednesday, 9 February 2005.

                

International Day of
Disabled Persons -
Motion re.

 

  10.

The Hon. G. E. Gago, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee on Waste Management, be noted.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until Wednesday, 9 February 2005.

Environment,
Resources and
Development
Committee -
Report on Waste
Management
be noted -
Motion re.

 

 

  11.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Report of the Occupational Safety, Rehabilitation and Compensation Committee, 2003-2004, be noted.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until Wednesday, 9 February 2005.

Occupational Safety,
Rehabilitation and
Compensation
Committee -
Report, 2003-2004
be noted -
Motion re.

 

 

12.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Casino Act 1997.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 And the Hon. N. Xenophon having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 9 February 2005.

 

Casino (Underage
Gambling)
Amendment Bill.

 

13.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Occupational Health, Safety and Welfare Act 1986.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 And the Hon. N. Xenophon having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 9 February 2005.

 

Occupational Health,
Safety and Welfare
(Industrial
Manslaughter)
Amendment Bill.

 

14.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for personal liability for certain directors of James Hardie Industries Limited in relation to damages claims in respect of asbestos related illnesses.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 And the Hon. N. Xenophon having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 9 February 2005.

 

Liability of Directors
(Asbestos Related
Illnesses) Bill.

 

  15.

The Hon. C. V. Schaefer, pursuant to notice moved - That the Statutory Authorities Review Committee inquire into and report on the operations and management of the South Australian Water Corporation, with particular reference to -

       I.      The efficiency and effectiveness of the South Australian Water Corporation in the outsourcing of the Corporation’s database management;

      II.      The efficiency and effectiveness of the South Australian Water Corporation in the tendering and awarding of maintenance contracts;

    III.      The relationship of the Corporation with public and private organisations within South Australia for the supply and maintenance of the State’s domestic, public and business water supplies; and

    IV.      Any other relevant matter.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 9 February 2005.

 

Operations and
Management of the
South Australian
Water Corporation -
Statutory Authorities
Review Committee
to inquire into -
Motion re.

 

  16.

Order of the Day read for the Report of the Select Committee on Staffing, Resourcing and Efficiency of South Australia Police to be brought up:

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 9 February 2005.

 

Select Committee on
Staffing, Resourcing
and Efficiency of
South Australia
Police.

 

  17.

Order of the Day read for the Report of the Select Committee on Mount Gambier District Health Service to be brought up:

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 9 February 2005.

 

Select Committee on
Mount Gambier
District Health
Service.

 

  18.

Order of the Day read for the Report of the Select Committee on the Status of Fathers in South Australia to be brought up:

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 9 February 2005.

 

Select Committee on
the Status of Fathers
in South Australia.

 

  19.

Order of the Day read for the Report of the Select Committee on Electricity Industry in South Australia to be brought up:

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 9 February 2005.

 

Select Committee on
Electricity Industry
in South  Australia.

 

  20.

Order of the Day read for the Report of the Select Committee on the Role and Adequacy of Government Funded National Broadcasting to be brought up:

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 9 February 2005.

 

Select Committee on
Role and Adequacy of  Government
Funded National
Broadcasting.

 

  21.

Order of the Day read for the Report of the Select Committee on the Offices of the Director of Public Prosecutions and the Coroner to be brought up:

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 9 February 2005.

 

Select Committee on
the Offices of the
Director of Public
Prosecutions and the
Coroner.

 

  22.

Order of the Day read for the Report of the Select Committee on Allegedly Unlawful Practices raised in the Auditor-General’s Annual Report, 2003-2004, to be brought up:

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 9 February 2005.

 

Select Committee on
Allegedly Unlawful
Practices raised in the
Auditor-General’s
Annual Report,
2003-2004.

 

23.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. G. E. Gago - That the Report of the Social Development Committee on its Inquiry into Postnatal Depression be noted:

                 Debate resumed.

                 Question put and passed.

 

Social Development
Committee -
Report on Inquiry
into Postnatal
Depression
to be noted -
Motion re.

 

  24.

Ordered - That Order of the Day (Private Business) No. 9 be discharged.

 

Business Discharged.

 

  25.

Ordered - That Order of the Day (Private Business) No. 10 be discharged.

 

Business Discharged.

 

  26.

The Hon. J. M. Gazzola, according to order, moved - That the Regulations under the Plumbers, Gasfitters and Electricians Act 1995, concerning Apprentices, made on 9 September 2004 and laid on the Table of this Council on 15 September 2004, be disallowed.

                 Question put and passed.

 

Plumbers, Gasfitters
and Electricians Act
1995 - Regulations -
Apprentices -
Motion for disallowance of.

 

  27.

Ordered - separately - That Orders of the Day (Private Business) No. 12 to No. 14 be Orders of the Day for Wednesday, 9 February 2005.

 

Postponement
of Business.

 

  28.

Ordered - That Order of the Day (Private Business) No. 15 be discharged.

 

Business Discharged.

 

29.

The Hon. R. D. Lawson, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Bail Act 1985.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. D. Lawson then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 9 February 2005.

 

Bail (Limitations on Bail Authority’s Discretion) Amendment Bill.

 

  30.

Ordered - That Orders of the Day (Private Business) No. 17 to No. 32 be postponed and taken into consideration after Order of the Day (Government Business) No. 2.

 

Postponement
of Business.

 

  31.

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

 

Postponement
of Business.

 

32.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Pitjantjatjara Land Rights (Regulated Substances) Amendment Bill.

 

In the Committee

 

                 New clause No. 4A which the Hon. N. Xenophon had moved to insert on page 2, after line 17, as follows:

                          “4A—Amendment of section 19—Unauthorised entry on the lands

(1)        Section 19(8)—after paragraph (d) insert:

(da)     a representative of the news media who enters the lands for the purpose of investigating or reporting on a matter of public interest occurring on, or having a connection with, the lands;

(db)     a person providing an assessment and treatment service established by the Minister in accordance with section 42BA;

(2)        Section 19(9)—delete "or (d)" and substitute:

                                                 , (d), (da) or (db)”. - further considered.

                 Question - That new clause No. 4A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put.

Pitjantjatjara Land
Rights (Regulated
Substances)
Amendment Bill.

 

 

             Committee divided:

Ayes, 11

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

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. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

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. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. T. G. Roberts (Teller)

 

 

 

 

 

 

                          New clause No. 4A inserted.

                          Clause No. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clause No. 7 agreed to.

                          New clause No. 8 inserted.

                          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 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.

 

 

 

  33.

At 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.

 

  34.

Ordered - That Order of the Day (Private Business) No. 17 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

  35.

Ordered - That Orders of the Day (Private Business) No. 18 to No. 22 be Orders of the Day for Wednesday, 9 February 2005.

 

Postponement
of Business.

 

  36.

Ordered - That Order of the Day (Private Business) No. 23 be discharged.

 

Business Discharged.

 

  37.

Ordered - That Order of the Day (Private Business) No. 24 be discharged.

 

Business Discharged.

 

  38.

Ordered - That Order of the Day (Private Business) No. 25 be discharged.

 

Business Discharged.

 

  39.

Ordered - That Order of the Day (Private Business) No. 26 be discharged.

 

Business Discharged.

 

  40.

Ordered - That Orders of the Day (Private Business) No. 27 to No. 32 be Orders of the Day for Wednesday, 9 February 2005.

 

Postponement
of Business.

 

41.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

 

42.

On the Order of the Day being read for the adjourned debate on the question - That the Teachers Registration and Standards Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Teachers Registration
and Standards Bill.

 

43.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

 

44.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Legal Assistance Costs) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. Gilfillan, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Legal Assistance
Costs) Bill.

 

  45.

Ordered - That Order of the Day (Government Business) No. 3 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

  46.

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

 

Postponement
of Business.

 

47.

On the Order of the Day being read for the adjourned debate on the question - That the Industrial Law Reform (Enterprise and Economic Development - Labour Market Relations) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned and ordered to be resumed on motion.

 

Industrial Law
Reform (Enterprise
and Economic
Development -
Labour Market
Relations) Bill.

 

48.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Relationships) Bill be now read a second time:

                 To which the Hon. T. G. Cameron had moved to amend by leaving out all words after “That” and inserting “the Bill be withdrawn and referred to the Social Development Committee for its report and recommendation” - be now resumed.

                 Debate resumed.

                 Question - That the words proposed to be struck out stand part of the question - put.

Statutes Amendment
(Relationships) Bill.

 

 

             Council divided:

Ayes, 7

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. T. G. Roberts

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

      So it passed in the negative.

 

Noes, 10

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. T. G. Cameron (Teller)

 

 

 

                 Question - That the words proposed to be inserted be so inserted - put and passed.

 

 

                 Bill withdrawn and referred to the Social Development Committee.

 

Bill withdrawn and
referred to Social
Development
Committee.

 

49.

Ordered - That the adjourned debate on the question - That the Industrial Law Reform (Enterprise and Economic Development - Labour Market Relations) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned until next day of sitting.

 

Industrial Law
Reform (Enterprise
and Economic
Development -
Labour Market
Relations) Bill.

  50.

Ordered - That the remaining Order of the Day (Private Business) be an Order of the Day for next day of sitting.

 

Postponement
of Business.

51.

Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.

 

Next Day
 of Sitting.

 

52.

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

Message No. 18

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Statutes Amendment (Misuse of Motor Vehicles) Bill without any amendment.

House of Assembly, 8 December 2004.                                                           I. P. LEWIS, Speaker.

 

Messages from
House of Assembly:
Statutes Amendment
(Misuse of Motor
Vehicles) Bill.

 

 

Message No. 19

                 MR. PRESIDENT - The House of Assembly has agreed to Bill returned herewith, entitled a Bill for an Act to amend the First Home Owner Grant Act 2000, without any amendment.

House of Assembly, 8 December 2004.                                                           I. P. LEWIS, Speaker.

 

First Home
Owner Grant
(Miscellaneous)
Amendment Bill.

 

 

Message No. 20

                 MR. PRESIDENT - The House of Assembly has agreed to Bill returned herewith, entitled a Bill for an Act to amend the Petroleum (Submerged Lands) Act 1982 and to make related amendments to the Off-shore Waters (Application of Laws) Act 1976, without any amendment.

House of Assembly, 8 December 2004.                                                           I. P. LEWIS, Speaker.

 

Petroleum
(Submerged Lands)
(Miscellaneous)
Amendment Bill.

 

53.

Council adjourned at sixteen minutes to eleven o’clock p.m. until tomorrow at eleven o’clock a.m.

_________________________

 

 

 

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. 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. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon