SOUTH AUSTRALIA]

No. 50

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

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

          By the President -

                 Police Complaints Authority - Report, 2006-2007.

        By the Minister for Emergency Services (The Hon. C. Zollo) -

                 Rural Industry Adjustment and Development Act 1985 - Report, 2006-2007.

                 Reports, 2007-2008 -

                          Adelaide Hills Wine Industry Fund.

                          Langhorne Creek Wine Industry Fund.

                          McLaren Vale Wine Industry Fund.

                          Riverland Wine Industry Fund.

 

Papers.

   4.

The Hon. J. M. Gazzola brought up the Sixteenth Report of the Legislative Review Committee, 2007-2008.

Legislative Review
Committee -
Sixteenth Report,
2007-2008.

   5.

The Hon. J. M. Gazzola brought up the Seventeenth Report of the Legislative Review Committee, 2007-2008, which was read by the Clerk as follows -

                 The By-law listed hereunder is at present being considered by the Legislative Review Committee.  Evidence is being taken on this matter and it is necessary for a Notice 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, the Committee may decide to take no further action.

                 By-law referred to -

Local Government Act 1999 - District Council of Grant - General.

 

Legislative Review
Committee -
Seventeenth Report,
2007-2008.

   6.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Rape and Sexual Assault.

 

Ministerial
Statement Tabled.

 

    7.

The Minister for Environment and Conservation (The Hon. G. E. Gago), by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning the Marjorie Jackson-Nelson Hospital Master Plan.

 

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 postponed and taken into consideration after Notice of Motion (Private Business) No. 3.

 

Postponement
of Business.

10.

The Hon M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Development Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon M. C. Parnell then moved - That this Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 30 April 2008.

 

Development
(Political Donations)
Amendment Bill.

11.

The Hon. D. K. Hood pursuant to notice, moved -

        That the Social Development Committee inquire into and report upon the adequacy and appropriateness of laws and practices relating to the sale and consumption of alcohol and, in particular, with respect to -

            I.      Whether those laws and practices need to be modified to better deal with criminal and other anti-social behaviour arising from the consumption of alcohol;

          II.      The health risks of excessive consumption of alcohol, including -

(a)     “binge drinking”; and

(b)    foetal alcohol syndrome;

         III.      The economic cost to South Australia in dealing with the consequences of alcohol abuse; and

         IV.      Any other relevant matters.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 30 April 2008.

 

Sale and
Consumption
of Alcohol –
Social Development
Committee to
inquire into -
Motion re.

 

12.

The Hon. I. K. Hunter, pursuant to notice, moved - That the Report of the Social Development Committee on its Inquiry into the South Australian Certificate of Education, be noted.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until Wednesday, 30 April 2008.

 

Report of the
Social Development
Committee on the
South Australian
Certificate of Education be noted -
Motion re.

13.

The Hon. A. M. Bressington, pursuant to notice, moved - That this Council recognises and condemns the intimidation and harassment that is being perpetrated by lawyers representing WorkCover.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 30 April 2008.

 

Lawyers
Representing
WorkCover -
Motion re.

 

14.

Ordered - That Notice of Motion (Private Business) No. 5 be an Order of the Day for Wednesday, 30 April 2008.

 

Postponement
of Business.

 

15.

Ordered - separately - That Orders of the Day (Private Business) No. 1 to No. 3 be Orders of the Day for Wednesday, 30 April 2008.

 

Postponement
of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. C. Parnell - That this Council notes with sadness the recent passing of Professor Peter Cullen and acknowledges the great contribution he made to South Australia:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 30 April 2008.

 

Death of
Professor
Peter Cullen -
Motion re.

17.

Ordered - That Orders of the Day (Private Business) No. 5 and No. 6 be Orders of the Day for Wednesday, 30 April 2008.

 

Postponement
of Business.

 

18.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. S. M. Kanck -

        That this Council -

            I.      Notes the crisis in the Murray-Darling Basin and calls on the Rudd Labor Government to urgently commence the purchase of water from irrigators for environmental flows utilising the $3 billion allocated by the Howard Government in 2007 for this purpose.

          II.      Directs the President to convey this Resolution to the Prime Minister of Australia:

                 Debate resumed.

                 The Hon. C. V. Schaefer moved to amend the motion after paragraph I by inserting new paragraph IA, as follows:

         “IA.   Calls on the Government to acknowledge the critical state that the Lower Lakes and Coorong now faces, to further acknowledge that any action arising from the recent MOU will have no benefit to the region within the next three years and take immediate action to acquire water to preserve this vital environmental and commercial asset.”.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 30 April 2008.

 

Murray Darling
Basin -
Motion re.

19.

Ordered - That Order of the Day (Private Business) No. 8 be an Order of the Day for Wednesday, 30 April 2008.

 

Postponement
of Business.

 

20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. S. M. Kanck -

            I.   That a Select Committee of the Legislative Council be established to inquire into and report on the impact of peak oil on South Australia with particular reference to -

(a)     The movement of people around the State, including -

       i.    the rising cost of petrol and increasing transport fuel poverty in the outer metropolitan area, the regions and remote communities;

      ii.    ways to encourage the use of more fuel efficient cars;

     iii.    alternative modes of transport;

    iv.    the need to increase public transport capacity; and

     v.    implications for urban planning;

(b)    Movement of freight;

(c)     Tourism;

(d)    Expansion of the mining industry;

(e)     Primary industries and resultant food affordability and availability;

(f)     South Australia’s fuel storage capability including -

       i.    susceptibility of fuel supply to disruption; and

      ii.    resilience of infrastructure and essential services under disruptive conditions;

(g)    Alternative fuels and fuel substitutes;

(h)    Optimum and sustainable levels of population under these constraints;

(i)      The need for public education, awareness and preparedness; and

(j)      Any other related matter.

Impact of
Peak Oil on
South Australia -
Select
Committee on -
Motion re.

 

          II.   That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

         III.   That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being presented to the Council.

         IV.   That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                 To which The Minister for Police has moved to amend in paragraph I, by leaving out the words “That a Select Committee of the Legislative Council be established to” and inserting “That the Natural Resources Committee”, and by leaving out paragraphs II, III and IV:

                 Debate resumed.

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

 

 

21.

At four 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.

22.

Ordered - That the adjourned debate on the motion of the Hon. S. M. Kanck -

            I.   That a Select Committee of the Legislative Council be established to inquire into and report on the impact of peak oil on South Australia with particular reference to -

(a)     The movement of people around the State, including -

       i.    the rising cost of petrol and increasing transport fuel poverty in the outer metropolitan area, the regions and remote communities;

      ii.    ways to encourage the use of more fuel efficient cars;

     iii.    alternative modes of transport;

    iv.    the need to increase public transport capacity; and

     v.    implications for urban planning;

(b)    Movement of freight;

(c)     Tourism;

(d)    Expansion of the mining industry;

(e)     Primary industries and resultant food affordability and availability;

(f)     South Australia’s fuel storage capability including -

       i.    susceptibility of fuel supply to disruption; and

      ii.    resilience of infrastructure and essential services under disruptive conditions;

(g)    Alternative fuels and fuel substitutes;

(h)    Optimum and sustainable levels of population under these constraints;

(i)      The need for public education, awareness and preparedness; and

(j)      Any other related matter.

Impact of
Peak Oil on
South Australia -
Select
Committee on -
Motion re.

 

          II.   That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

         III.   That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being presented to the Council.

         IV.   That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                 To which the Minister for Police has moved to amend in paragraph I, by leaving out the words “That a Select Committee of the Legislative Council be established to” and inserting “That the Natural Resources Committee”, and by leaving out paragraphs II, III and IV - be now resumed.

                 Debate resumed.

                 The Hon. M. C. Parnell moved to amend the motion by leaving out Paragraph II and inserting new paragraph as follows:

        “II.   That the Committee consist of three Members and that the quorum of Members necessary to be present at all meetings of the Committee be fixed at three Members and that Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.”.

                 Question - That the amendment to paragraph I, moved by the Minister for Police, be agreed to - put and negatived.

                 Question - That the amendment moved by the Hon. M. C. Parnell be agreed to - put and passed.

                 Question - That the motion moved by the Hon. S. M. Kanck, and as amended by the Hon. M. C. Parnell be agreed to - put and passed.

 

 

                 The Hon. S. M. Kanck then moved - That the Select Committee consist of the Hon. R. P. Wortley, the Hon. J.M.A. Lensink and the mover.

                 Question put and passed.

                 The Hon. S. M. Kanck moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place and report on Wednesday, 23 July 2008.

                 Question put and passed.

 

Select Committee
Appointed.

23.

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

Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 30 April 2008.

 

Statutes Amendment
(Surrogacy) Bill.

24.

Ordered - That Orders of the Day (Private Business) No. 11 to No. 53 be Orders of the Day for Wednesday, 30 April 2008.

 

Postponement
of Business.

 

25.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

26.

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.

                 Question put and passed.

         Bill read a second time.

         The President left the Chair and the Council resolved itself into a Committee of the Whole for consideration of the Bill.

 

In the Committee

 

                          Clause No. 1 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.

 

Criminal Law
Consolidation
(Double Jeopardy)
Amendment Bill.

27.

Ordered - That Orders of the Day (Government Business) No. 5 and No. 6 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

28.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Real Property) 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.

 

Statutes Amendment
(Real Property) Bill.

 

29.

Ordered - That Order of the Day (Government Business) No. 8 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

30.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 81 from the House of Assembly relating to the Criminal Law (Sentencing) (Victims of Crime) Amendment Bill.

 

In the Committee

 

                          The Minister for Police moved - That Amendment No. 1 be not insisted on.

                          Question - That Amendment No. 1 be insisted on - put.

Criminal Law
(Sentencing)
(Victims of Crime)
Amendment Bill.

 

             Committee divided:

Ayes, 13

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

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. J. A. Darley (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. P. Holloway (Teller)

 

 

 

                          Resolved - That Amendment No. 2 be insisted on.

_____________________

 

                 The President resumed the Chair and reported accordingly; whereupon the Council adopted such report.

 

 

31.

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

Message No. 82

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Stamp Duties Act 1923, to which it desires the concurrence of the Legislative Council.

House of Assembly, 9 April 2008.                                                                       J. J. SNELLING, Speaker.

                 Bill read a first time.

                 Ordered – That the second reading be an Order of the Day for next day of sitting.

 

Messages from
House of Assembly:
Stamp Duties
(Trusts)
Amendment Bill.

 

Message No. 83

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Criminal Law Consolidation (Rape and Sexual Offences) Amendment Bill, without any amendment.

House of Assembly, 9 April 2008.                                                                       J. J. SNELLING, Speaker.

 

Criminal Law
Consolidation (Rape
and Sexual Offences)
Amendment Bill.

 

32.

Council adjourned at twenty six minutes to ten 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