SOUTH AUSTRALIA]

No. 6

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

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

        By the Minister for Police (The Hon. P. Holloway) -

                 Guardianship Board - Report, 2004-2005

                 Judges of the Supreme Court - Report, 2005.

                 Police Superannuation Scheme - Actuarial Report as at 30 June 2005.

                 Regulation under the following Act -

                          Harbors and Navigation Act 1993 - Thistle Island.

                 Rules of Court -

                          District Court - District Court Act 1991 -

                                   Criminal Asset Confiscation.

                                   Document Exchange.

                          Industrial Relations Court - Industrial and Employee Relations Act 1994 - Unfair Dismissal Proceedings.

                          Magistrates Court - Magistrates Court Act 1991 - Criminal Asset Confiscation.

                          Supreme Court - Supreme Court Act 1935 - Document Exchange.

                 Final Budget Outcome, 2004-2005.

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

                 Reports, 2005 -

                          Department of Further Education, Employment, Science and Technology.

                          Training and Skills Commission.

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

                 Reports, 2004-2005 -

                          Central Northern Adelaide Health Service.

                          Outback Areas Community Development Trust

                 Government of South Australia’s Response to the Fifty-Fourth Report of the Environment, Resources and Development Committee - Marine Protected Areas - January 2006.

                 Regulations under the following Acts -

                          Chiropodists Act 1950 - Registration Fees.

                          Chiropractic and Osteopathy Practice Act 2005 - Elections.

                          Occupational Therapists Act 1974 - Registration Fee.

                          Zero Waste SA Act 2004 - Board Appointments.

                 By-laws -

                          Corporation - Holdfast Bay - General.

                          District Council - Kangaroo Island -

                                   No. 5 - Dogs.

                                   No. 8 - Cats.

                 Rules under Acts -

                          Local Government Act 1999 -

                                   Conditions on Withdrawals of Benefits.

                                   Miscellaneous.

                                   Payment of Deferred Benefits.

                                   Superannuation Contributions.

 

Papers.

   3.

The Minister for Environment and Conservation, by leave, tabled a copy of a Ministerial Statement made by the Minister for the River Murray (The Hon. K. A. Maywald, M.P.) concerning River Murray Water Donations.

 

Ministerial
Statement Tabled.

   4.

On the Order of the Day being read for the adjourned debate on the question - That the Address in Reply, as read, be adopted:

                 Debate resumed.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned until next day of sitting.

 

Address in Reply.

   5.

On the Order of the Day being read for the adjourned debate on the motion of the Minister for Police - That, during the present Session, the Council make available to any person who believes that he or she has been adversely referred to during proceedings of the Legislative Council the following procedure for seeking to have a response incorporated in to Hansard -

               I.      Any person who has been referred to in the Legislative Council by name, or in another way so as to be readily identified, may make a submission in writing to the President -

(a)     claiming that he or she has been adversely affected in reputation or in respect of dealings or associations with others, or injured in profession, occupation or trade or in the holding of an office, or in respect of any financial credit or other status or that his or her privacy has been unreasonably invaded; and

(b)    requesting that his or her response be incorporated in to Hansard.

             II.      The President shall consider the submission as soon as practicable.

            III.      The President shall reject any submission that is not made within a reasonable time.

            IV.      If the President has not rejected the submission under clause III, the President shall give notice of the submission to the Member who referred in the Council to the person who has made the submission.

             V.      In considering the submission, the President -

(a)     may confer with the person who made the submission;

(b)    may confer with any Member;

(c)     must confer with the Member who referred in the Council to the person who has made the submission at least one clear sitting day prior to the publication of the response;

                       but

(d)    may not take any evidence;

(e)     may not judge the truth of any statement made in the Council or the submission.

            VI.      If the President is of the opinion that -

(a)     the submission is trivial, frivolous, vexatious or offensive in character; or

(b)    the submission is not made in good faith; or

(c)     the submission has not been made within a reasonable time; or

(d)    the submission misrepresents the statements made by the Member; or

(e)     there is some other good reason not to grant the request to incorporate a response in to Hansard.

                       the President shall refuse the request and inform the person who made it of the President’s decision.

           VII.      The President shall not be obliged to inform the Council or any person of the reasons for any decision made pursuant to this resolution.  The President’s decision shall be final and no debate, reflection or vote shall be permitted in relation to the President’s decision.

Citizens’
Right of Reply -
Motion  re.

 

 

         VIII.      Unless the President refuses the request on one or more of the grounds set out in paragraph V of this resolution, the President shall report to the Council that in the President’s opinion the response in terms agreed between him and the person making the request should be incorporated in to Hansard and the response shall thereupon be incorporated in to Hansard.

            IX.      A response -

(a)     must be succinct and strictly relevant to the question in issue;

(b)    must not contain anything offensive in character;

(c)     must not contain any matter the publication of which would have the effect of -

      (i)   unreasonably adversely affecting or injuring a person, or unreasonably invading a person’s privacy in the manner referred to in paragraph I of this resolution, or

     (ii)   unreasonably aggravating any adverse effect, injury or invasion of privacy suffered by any person, or

    (iii)   unreasonably aggravating any situation or circumstance,

         and

(d)    must not contain any matter the publication of which might prejudice -

      (i)   the investigation of any alleged criminal offence,

     (ii)   the fair trial of any current or pending criminal proceedings, or

    (iii)   any civil proceedings in any court or tribunal.

 

 

             X.      In this resolution -

(a)     “person” includes a corporation of any type and an unincorporated association;

(b)    “Member” includes a former Member of the Legislative Council.:

Debate resumed.

The Hon. R. D. Lawson moved to amend the motion in paragraph V(c) after “submission” by inserting “and provide to that Member a copy of any proposed response”.

And the Hon. R. D. Lawson having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

 

   6.

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

 

Postponement
of Business.

   7.

Council adjourned at five 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.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