SOUTH AUSTRALIA]

No. 30

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  9  FEBRUARY  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 following Papers were laid upon the Table, viz.:

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

                 Department of Justice Report, 2003-2004 (incorporating the Attorney-General’s Annual Report).

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

                 Medical Board of South Australia - Report, 2003-2004.

                 Rules under Acts -

                          Local Government Act 1999 - Local Government Superannuation Scheme Rule Amendments - Term Allocated Pension.

                 Gaming Machines Act 1992 - Game Approval (Gaming Machines) (No. 1) Guidelines 2003.

 

Papers.

 

   3.

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

Legislative
Review
Committee -
Twelfth Report,
2004-2005.

 

 

   4.

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

                 The Regulations and Rules 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
Regulations and Rules, the Committee may decide to take no further action.

                 Regulations referred to -

Motor Vehicles Act 1959 - Demerit Points.

Road Traffic Act 1961 -

          Alcotest Analysis.

          Australian Road Rules.

          Crash Reports.

South Australian Health Commission Act 1976 - Non-Medicare Patients.

Superannuation Act 1988 - Contracts without Tenure.

                 Rules referred to -

Local Government Act 1999 - Local Government Superannuation Scheme - Portability.

 

Legislative
Review
Committee -
Thirteenth Report,
2004-2005.

 

 

   5.

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 Bushfire Tax Relief.

 

Ministerial
Statement Tabled.

 

   6.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for Consumer Affairs (The Hon. K. J. Maywald, M.P.) concerning G. C. Growden Pty. Ltd.

 

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 Health (The Hon. L. Stevens, M.P.) concerning the Controlled Substances (Repeal of Sunset Provision) Bill 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.

Ordered - That Notices of Motion (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

  10.

Ordered - That Notice of Motion (Private Business) No. 3 be postponed and taken into consideration after Order of the Day (Private Business) No. 1.

 

Postponement
of Business.

 

  11.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. K. J. Reynolds -

       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:

                 Debate resumed.

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

                

International Day of
Disabled Persons -
Motion re.

 

  12.

The Hon. R. I. Lucas, pursuant to notice, moved - That this Council notes with concern recent appointments made since the State Government was installed in March 2002.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday next.

 

State Government
appointments made
since March 2002 -
Motion re.

 

  13.

Ordered - That Orders of the Day (Private Business) No. 2 to No. 7 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

  14.

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, 6 July 2005.

 

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

 

  15.

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, 6 July 2005.

 

Select Committee on
Mount Gambier
District Health
Service.

 

  16.

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, 6 July 2005.

 

Select Committee on
the Status of Fathers
in
South Australia.

 

  17.

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, 6 July 2005.

 

Select Committee on
Electricity Industry
in
South Australia.

 

  18.

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, 6 July 2005.

 

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

 

  19.

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, 6 July 2005.

 

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

 

  20.

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

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 6 July 2005.

 

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

 

  21.

Ordered - That Orders of the Day (Private Business) No. 15 to No. 29 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

22.

On the Order for the Day being read for the adjourned debate on the motion of the Minister for Aboriginal Affairs and Reconciliation - That this Council requests Her Excellency The Governor to make a Proclamation under section 34A(2) and section 28(1) of the National Parks and Wildlife Act 1972 -

(a)           excluding Allotment 100 of Plan No. DP 63648, Out of Hundreds (Innamincka), accepted for deposit in the Lands Titles Registration Office at Adelaide, from the Innamincka Regional Reserve; and

(b)                         constituting that excluded land as a national park with the name Coongie Lakes National Park:

Debate resumed.

Question put and passed.

 

National Parks and
Wildlife Act 1972 -
Proclamation -
Innamincka Regional
Reserve and
Coongie
Lakes National Park.

 

 

23.

Ordered - That Orders for the Day (Government Business) No. 2 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

24.

Ordered - That Order of the Day (Private Business) No. 5 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

25.

At twenty-three minutes to 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.

 

26.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Industrial Law Reform (Enterprise and Economic Development - Labour Market Relations) Bill.

 

In the Committee

 

                          Clause No. 1 read.

                 The Hon. N. Xenophon moved on page 5, lines 3 and 4, to leave out all words in these lines and insert “This Act may be cited as the Statutes Amendment (Industrial Relations) Act 2005.”.

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

 

 

                 The Minister for Aboriginal Affairs and Reconciliation moved on page 5, lines 3 and 4, to leave out all words in these lines and insert “This Act may be cited as the Industrial Law Reform (Fair Work) Act 2005.”.

                 Question - That the words proposed to be struck out by the Hon. N. Xenophon and the Minister for Aboriginal Affairs and Reconciliation stand as printed - put and negatived.

                 Question - That the words proposed to be inserted by the Hon. N. Xenophon be so inserted - put and negatived.

                 Question - That the words proposed to be inserted by the Minister for Aboriginal Affairs and Reconciliation be so inserted - put and passed.

                          Clause No. 1, as amended, agreed to.

                          Clauses No. 2 and No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clause No. 5 read.

                 The Hon. R. D. Lawson moved on page 5, lines 19 and 20, to leave out paragraph (ca) and insert:

                                   “(ca)   to promote and facilitate employment; and”.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                 The Hon. R. D. Lawson moved on page 5, lines 21 to 26, to leave out subclause (2).

                 The Hon. N. Xenophon moved on page 5, line 25, to leave out “and permanency”.

                 Question - That all words in paragraph (fa) stand as printed - put and passed.

                 Question - That all words in paragraph (fb) down to but excluding “and permanency” stand as printed - put and passed.

                 Question - That the amendment moved by the Hon. N. Xenophon be agreed to - put.

 

 

 

             Committee divided:

Ayes, 10

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

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, 9

The Hon. T. G. Cameron

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. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                 The Hon. I. Gilfillan moved on page 5, lines 29 to 32, to leave out subclause (4).

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 12

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

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. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. I. Gilfillan (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. T. G. Cameron

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 The Hon. R. D. Lawson moved on page 6, lines 8 and 9, to leave out paragraph (p).

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 11

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

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

The Hon. R. D. Lawson (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. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                 Question - That clause No. 5, as amended and otherwise amended, be agreed to - put.

 

 

 

             Council divided:

Ayes, 11

The Hon. T. G. Cameron

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. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

 

 

 

                          Clause No. 5, as amended, agreed to.

                          Clause No. 6 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.

 

 

 

27.

Ordered - That Order for the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

28.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for Urban Development and Planning (The Hon. P. L. White, M.P.) concerning the Brown Hill and Keswick Creek Plan Amendment Report.

 

Ministerial
Statement Tabled.

 

29.

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

Message No. 26

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

House of Assembly, 8 February 2005.                                                                   I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Industry and Trade then moved - That this Bill be now read a second time.

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

 

Message from
House of Assembly:
Statutes Amendment
(Drink Driving) Bill.

 

 

30.

Council adjourned at five minutes past 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. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. Zollo