SOUTH AUSTRALIA]

No. 86

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  9  JULY  2003

 

 

 

   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 Agriculture, Food and Fisheries (The Hon. P. Holloway), by leave and without notice, moved - That the Hon. J.M.A. Lensink be appointed to the Printing Committee in place of The Hon. D. V. Laidlaw, resigned.

                 Question put and passed.

 

Printing Committee -
Appointment of
Member.

 

 

   3.

The Minister for Agriculture, Food and Fisheries, by leave and without notice, moved - That pursuant to Section 21(3) of the Parliamentary Committees Act 1991, the Hon. J.M.A. Lensink  be appointed to the Social Development Committee in place of The Hon. D. W. Ridgway, resigned and that the Hon. D. W. Ridgway be appointed to the Environment, Resources and Development Committee in place of The Hon. D. V. Laidlaw, resigned.

                 Question put and passed.

 

Social Development
Committee and
Environment,
Resources and
Development
Committee -
Appointment of
Members.

 

 

   4.

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

 

Statements on
Matters of Interest.

 

   5.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Report of the Legislative Review Committee on Regulations under the Fisheries Act 1982, concerning Giant Crabs be noted.

                 On motion of the Hon. A. J. Redford, the debate was adjourned until Wednesday next.

 

Legislative Review
Committee -
Report -
Fisheries Act -
Regulations -
Giant Crabs,
to be noted.

 

 

6.

Ordered - That Notices of Motion (Private Business) No. 2 and No. 3 be Orders of the Day for Wednesday next.

 

Postponement
of Business

 

    7.

The Hon. A. J. Redford, pursuant to notice, moved - That the Legislative Council, having regard to the failure of the Minister for Transport to answer questions put to him on 26 March, 29 April, 1 May, 13 May, 14 May, 15 May and 29 May 2003 and the Ministerial Statement made on 24 March 2003 concerning the WorkCover Corporation of South Australia (WorkCover), requests the Statutory Authorities Review Committee to investigate WorkCover with particular reference to -

                  I.      Any directions, advice, recommendations, suggestions or proposals made by the Minister or his officers pursuant to section 4 of the WorkCover Corporation Act (the Act) or otherwise.

                II.      Any other proposals, recommendations or suggestions made by the Government to WorkCover relating to the affairs of WorkCover.

               III.      The reporting arrangements which existed between WorkCover and the Government and the information given by WorkCover to the Government pursuant to those arrangements relating to the affairs of WorkCover.

               IV.      The nature and extent of the communication between Workcover and the Government and, in particular, the communication relating to the financial position of Workcover and generally, as to the administration of the affairs of WorkCover in relation to those matters.

                V.      Any proposals, promises, discussions or understandings between the Minister or his officers and any other person regarding the resignation of the former Chief Executive Officer or any other employee of WorkCover.

               VI.      Any proposals, promises, discussions or understandings between the Minister or his officers and any other person regarding the appointment of a Chief Executive Officer or any other employee to WorkCover.

              VII.      The deteriorating financial position of WorkCover.

            VIII.      The circumstances leading to the setting of the last levy rate by the Board of WorkCover and whether the current processes of setting the levy can be improved.

               IX.      The effectiveness of the claims’ management arrangements of WorkCover.

                X.      Any other relevant matter.

                 Debate ensued.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday next

 

Statutory Authorities
Review Committee
to investigate
WorkCover -
Motion re.

 

8.

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

 

Postponement
of Business.

 

9.

Ordered - That Notice of Motion (Private Business) No. 6 be postponed and taken into consideration after Notice of Motion (Private Business) No. 7.

 

Postponement
of Business.

 

10.

The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That the Final Report of the Select Committee on Retail Trading Hours be noted.

                 Debate ensued.

                 Question put and passed.

 

Select Committee
on Retail Trading
Hours -
Final Report
to be noted -
Motion re.

 

  11.

The Hon. R. I. Lucas, pursuant to notice, moved - That this Council condemns the Premier, Mike Rann, Deputy Premier, Kevin Foley, former Attorney-General, Michael Atkinson, and other senior members of the Rann Government for conspiring to keep secret grave allegations of corruption and bribery involving a senior political adviser to the Premier, former Attorney-General, Michael Atkinson and other members of the Rann Government who are now the subject of a Police Anti-Corruption Branch Inquiry.

                 And the Hon. R. I. Lucas having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Secrecy by Senior
Members of the
Rann Government
concerning
allegations of
corruption and
bribery -
Motion re.

 

12.

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.

 

  13.

Ordered - That the adjourned debate on the motion of the Hon. R. I. Lucas - That this Council condemns the Premier, Mike Rann, Deputy Premier, Kevin Foley, former Attorney-General, Michael Atkinson, and other senior members of the Rann Government for conspiring to keep secret grave allegations of corruption and bribery involving a senior political adviser to the Premier, former Attorney-General, Michael Atkinson and other members of the Rann Government who are now the subject of a Police Anti-Corruption Branch Inquiry - be now resumed.

                 Debate resumed.

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

 

Secrecy by Senior
Members of the
Rann Government
concerning
allegations of
corruption and
bribery -
Motion re.

 

14.

Ordered - separately - That Orders of the Day (Private Business) No. 1 to No. 7 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J. M. Gazzola - That the Report of the Environment, Resources and Development Committee on Urban Growth Boundary be noted:

                 Debate resumed.

                 Question put and passed.

 

Environment,
Resources and
Development
Committee -
Report on Urban
Growth Boundary
to be noted -
Motion re.

 

 

16.

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

                  I.      That a Select Committee of the Legislative Council be appointed to investigate and report upon -

(a)    allegations of child sex abuse within church organisations within South Australia; and

(b)    other matters as determined by the Committee following consultation with advocacy organisations.

                II.      That Standing Order No. 389 be 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 thinks 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 as 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:

                 Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Monday, 14 July 2003.

 

Child Sexual
Abuse within
Church
organisations
within
South Australia -
Motion for Select
Committee.

 

17.

Ordered - separately - That Orders of the Day (Private Business) No. 10 to No. 14 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

18.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. J. Redford - That this Council notes the performance of the Independent Gambling Authority:

                 Debate resumed.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until Wednesday next.

 

Performance
of the Independent
Gambling
Authority -
Motion re.

 

19.

On the Order of the Day being read for the adjourned debate on motion of the Hon. S. M. Kanck - That the Legislative Council requests the Social Development Committee to inquire into and report on Multiple Chemical Sensitivity, with particular reference to -

       I.      which chemicals or chemical compounds are responsible for the majority of symptoms of Multiple Chemical Sensitivity and how exposure to them can be minimised;

      II.      the effect of chemical exposure on human fertility;

    III.      the comparative status in other countries of Multiple Chemical Sensitivity as a diagnosed medical condition;

    IV.      best practice guidelines in Australia and overseas for the handling of chemicals to reduce chemical exposure;

      V.      current chemical usage practices by Local Government and State Government Departments and changes that could be made to reduce chemical exposure to both workers and the public; and

    VI.      the ways in which South Australians with Multiple Chemical Sensitivity might more effectively access sources of support through Government agencies.:

                 Debate resumed.

                 Question put and passed.

 

Social
Development
Committee to
Inquire into and
report on
Multiple Chemical
Sensitivity -
Motion re.

 

20.

Ordered - separately - That Orders of the Day (Private Business) No. 17 and No. 18 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

21.

Ordered - separately - That Orders of the Day (Private Business) No. 19 and No. 20 be Orders of the Day for Monday, 14 July 2003.

 

Postponement
of Business.

 

22.

Ordered - That Order of the Day (Private Business) No. 21 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

23.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday next

 

State Supply
(Procurement of
Software)
Amendment Bill.

 

24.

Ordered - That Order of the Day (Private Business) No. 23 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

25.

Ordered - separately - That Orders of the Day (Private Business) No. 24 to No. 31 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

26.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. V. Schaefer - That the Hon. P. Holloway, M.L.C., Minister for Agriculture, Food and Fisheries, be censured for his ineptitude in handling the prohibition on professional fishing in the River Murray:

                 Debate resumed.

                 Question - That the motion be agreed to - put.

Censure of
Minister for
Agriculture,
Food and Fisheries -
Motion re.

 

 

             Council divided:

Ayes, 13

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

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. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. V. Schaefer (Teller)

      So it was resolved in the affirmative.

 

 

Noes, 6

The Hon. T. G .Cameron

The Hon. J. M. Gazzola

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

27.

Ordered - That Order of the Day (Private Business) No. 33 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

28.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan -

            I.      That this Council urges the Government to support the establishment of a Law Reform Institute, similar to the institutes that are in existence elsewhere in Australia, and that this Institute be empowered as an independent reviewer and researcher of law in South Australia.

          II.      Further, that this Council calls on the Attorney-General to support this Institute financially in conjunction with the Law Society of South Australia and South Australia’s Universities:

                 Debate resumed.

                 The Hon. R. D. Lawson moved to amend the motion by inserting new paragraph after paragraph II as follows:

       “III.      That the Legislative Review Committee inquire into, and report upon, the estimated cost of the establishment of such Law Reform Institute and its ongoing operations with particular reference to probable sources of funding including Government, the Law Society, South Australia’s Universities or other organisations.”

                 Question - That new paragraph III, as proposed to be inserted by the Hon. R. D. Lawson, be so inserted - put and passed.

                 Question - That the motion moved by the Hon. I. Gilfillan, and as amended by the Hon. R. D. Lawson, be agreed to - put and passed.

 

Establishment of
Law Reform
Institute -
Motion re.

 

29.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. I. Lucas - That this Council demands the Premier direct the Treasurer to release all answers provided to him by Ministers and Departments to the question asked by the Member for Heysen on 30 July 2002 in the Parliamentary Estimates Committee on the issue of the detail of Government’s $967 million in budget cuts - be now resumed.

                 Debate resumed.

                 On motion of the Minister for Agriculture, Food and Fisheries, the debate was adjourned until Wednesday next.

 

Treasurer to
release answers to
question asked by
Member for Heysen
in Estimates
Committee -
Motion re.

 

30.

Ordered - separately - That Orders of the Day (Private Business) No. 36 to No. 60 be Orders of the day for Wednesday next.

 

Postponement
of Business.

 

31.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Notification of Superannuation Entitlements) 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. 11 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 Agriculture, Food and Fisheries, 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.

 

Statutes Amendment
(Notification of
Superannuation
Entitlements) Bill.

 

32.

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

 

Next Day
of Sitting.

 

33.

Ordered - That the Notice of Motion (Government Business) No. 1 and Orders of the Day (Government Business) No. 1 to No. 11 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

34.

Council adjourned at three minutes to twelve o’clock midnight until tomorrow at thirty minutes past 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. 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. C. Zollo

The Hon. N. Xenophon