SOUTH AUSTRALIA]

No. 27

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  9  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 Minister for Industry and Trade (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Suspension
of Standing
Orders.

 

   3.

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

Message No. 21

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Criminal Law Consolidation Act 1935 and to make consequential amendments to the Criminal Law (Forensic Procedures) Act 1998, the Summary Offences Act 1953 and the Summary Procedure Act 1921, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 December 2004.                                                     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.

                 The Minister for Industry and Trade, 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.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned and ordered to be resumed on motion.

 

Messages from
House of Assembly:
Criminal Law
Consolidation
(Child Pornography)
Amendment Bill.

 

 

 

Message No. 22

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

House of Assembly, 8 December 2004.                                                     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.

                 The Minister for Industry and Trade, 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.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned and ordered to be resumed on motion.

 

Motor Vehicles
(Fees)
Amendment Bill.

 

   4.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   5.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

 

   6.

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.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be postponed and taken into consideration on motion.

 

Teachers
Registration and
Standards Bill.

 

   7.

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. R. K. Sneath, the debate was adjourned until next day of sitting.

 

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

 

   8.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

   9.

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 Joint Committee on a Code of Conduct for Members of Parliament, be noted:

                 Debate resumed.

                 Question put and passed.

 

Report of the Joint
Committee on a
Code of Conduct
for Members of
Parliament
to be noted -
Motion re.

 

10.

At one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

11.

The Clerk announced that the following Petitions had been lodged for presentation:

                 By The Hon. I. Gilfillan from 67 residents of South Australia, concerning the Genetically Modified Crops Management Act 2004.  The Petitioners pray that this Honourable House will amend the Genetically Modified Crops Management Act 2004 to remove section 6 of that Act.

Petitions:
No.11 - Genetically
Modified Crops
Management
Act 2004.

 

 

 

                 By the Hon. S. M. Kanck from 216 residents of South Australia concerning abortions in South Australia.  The Petitioners pray that this Honourable House will do all in its power to ensure that abortions in South Australia continue to be safe, affordable, accessible and legal.

No. 12 - Abortions
in
South Australia.

 

 

                 By the Hon. K. J. Reynolds from 158 residents of South Australia concerning the Statutes Amendment (Relationships) Bill 2004.  The Petitioners pray that this Honourable House will not delay debate on the Statutes Amendment (Relationships) Bill 2004 by referring it to a Parliamentary Committee for another public inquiry, or should it do so, ensure that this inquiry is completed by March 2005 to enable sufficient time for debate on this important Bill when Parliament resumes.

 

No. 13 - Statutes
Amendment
(Relationships)
Bill 2004.

 

  12.

The following Papers were laid upon the Table, viz.:

        By the President -

                 District Council of Tatiara - Report, 2003-2004.

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

                 Bio Innovation SA Financial Statements, 2003-2004.

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

                 Reports, 2003-2004 -

                          Health Services -

                                   Adelaide Central Community Health Service.

                                   Eastern Eyre Health and Aged Care Inc.

                                   Gawler Health Service.

                                   Loxton Hospital Complex Incorporated.

                                   Mid North Regional Health Service Inc.

                                   Murray Bridge Soldiers’ Memorial Hospital.

                                   Northern Adelaide Hills Health Service Inc.

                                   Renmark Paringa District Hospital Inc.

                                   Riverland Regional Health Service Inc.

                                   St. Margaret’s Rehabilitation Hospital Incorporated.

                          Public and Environmental Health Act.

                         South Australian Soil Conservation Boards.   (Ordered to be printed, Paper No. 126A)

                 South Australian Youth Action Plan, Part 1 - Report, 2005-2010.

 

Papers.

 

13.

The President made the following Statement:

                 “A matter has been brought to my attention regarding the Sessional Order of 15 September concerning a Citizen’s Right of Reply.  I received this information late last night and was only made aware of it this morning.  The request is as follows:

        Dear Sir,

                  On 24 November in Question Time, three Members of the Legislative Council (the Hons. Redford, Lawson and Lucas respectively) asked questions of the Hon. T. G. Roberts (Minister for Correctional Services) under the topics of Parole Board and Political Appointments.  I was named in those questions.  The questions were about my appointment by the Minister, pursuant to the Correctional Services Act 1982, to the position of Deputy Presiding Member of the Parole Board of South Australia.

                  Certain inferences which inevitably follow from the questions asked about my appointment have a significant potential to not only adversely affect my reputation but to cause me injury in both my profession and as appointee to the position of Deputy Presiding Member of the Board.

                  The questions are also likely to undermine public confidence in the Parole Board.  For that reason, I ask that the attached be incorporated in the Hansard.

                 I have studied the Sessional Order and I have had, as is required, some conferences with the Members concerned.  Following that it has been brought to my attention that there is not one clear day before the matter is Tabled.  It will be my intention to allow the Statement to be incorporated in Hansard, but that it will not occur until the next day of sitting.”.

 

President’s Statement.

 

14.

The Hon. R. K. Sneath brought up the First Report of the Printing Committee, 2004-2005, and move that it be adopted.

                 Question put and passed.

                 The following Papers were ordered to be printed:

                          Abortions Notified in South Australia, Committee appointed to examine and report on - Report, 2003.  (Paper No. 90)

                          Adelaide Festival Centre - Report, 2003-2004.  (Paper No. 84)

                          Administrative and Information Services, Department for - Report, 2003-2004.  (Paper No. 98)

                          Ageing, Office for - Report, 2003-2004.  (Paper No. 144)

                          Art Gallery of South Australia - Report, 2003-2004.  (Paper No. 41)

                          Auditor-General’s Report - Operations of the Department, 2003-2004.  (Paper No. 4C)

                          Botanic Gardens and State Herbarium, Board of - Report, 2003-2004.  (Paper No. 13)

                          Chiropractors Board of SA - Report, 2003-2004.  (Paper No. 145)

                          Coast Protection Board - Report, 2003-2004.  (Paper No. 51)

                          Commissioners of Charitable Funds - Report, 2003-2004.  (Paper No. 50)

                          Construction Industry Long Service Leave Board - Report, 2003-2004.  (Paper No. 129)

                          Construction Industry Training Board - Report, 2003-2004.  (Paper No 128)

                           Consumer Affairs, Commission for - Report, 2003-2004.  (Paper No. 75)

                          Correctional Services, Department for - Report, 2003-2004.  (Paper No. 38)

                          Dairy Authority of SA - Report, 2003-2004.  (Paper No. 52)

                          Dental Board of South Australia - Report, 2003-2004.  (Paper No. 79)

                          Development Act - Administration of the - Report, 2003-2004.  (Paper No. 70)

                          Director of Public Prosecutions - Report, 2003-2004.  (Paper No. 167)

                          Dried Fruits Board of South Australia - Report, 2003-2004.  (Paper No. 66)

Printing
Committee -
First Report,
2004-2005.

 

 

                          Education and Children’s Services, Dept of - Children’s Services - Report, 2003-2004.  (Paper No. 44)

                          Electricity Supply Industry Planning Committee - Report, 2003-2004.  (Paper No. 56)

                          Employee Ombudsman, Office of - Report, 2003-2004.  (Paper No. 72)

                          Energy Consumers’ Council - Report, 2003-2004.  (Paper No. 62)

                          Environment and Heritage, Department of - Report, 2003-2004.  (Paper No. 92)

                          Environment Protection Authority - Report, 2003-2004.  (Paper No. 95)

                          Essential Services Commission of SA - Report, 2003-2004.  (Paper No. 63)

                          Funds SA – Report, 2003-2004.  (Paper No. 30)

                          History Trust of South Australia - Report, 2003-2004.  (Paper No. 118)

                          Human Services, Department of - Report, 2003-2004.  (Paper No. 23)

                          Independent Gambling Authority - Report, 2003-2004.  (Paper No. 68)

                          Industrial Relations Commission - President and Senior Judges, Industrial Relations Court - Report 2003-2004.  (Paper No. 86)

                          Institute of Medical and Veterinary Science - Report, 2003-2004.  (Paper No. 125)

                          Land Management Corporation - Report, 2003-2004.  (Paper No. 20)

                          Legal Services Commission of South Australia - Report, 2003-2004.  (Paper No. 136)

                          Libraries Board of South Australia - Report, 2003-2004.  (Paper No. 2003-2004)

                          Liquor and Gambling Commissioner, Office of - Report, 2003-2004.  (Paper No. 69)

                          Lotteries Commission of South Australia - Report, 2003-2004.  (Paper No. 32)

                          Motor Accident Commission - Report, 2003-2004.  (Paper No. 61)

                          Native Vegetation Council - Report, 2003-2004.  (Paper No. 143)

                          Nurses Board of South Australia - Report, 2003-2004.  (Paper No. 82)

                          Outback Areas Community Development Trust - Report, 2003-2004.  (Paper No. 47)

                          Police Superannuation Board - Report, 2003-2004.  (Paper No. 55)

                          Premier and Cabinet, Department of - Report, 2003-2004.  (Paper No. 91)

                          Primary Industries and Resources SA, Department of - Report, 2003-2004.  (Paper No. 149)

                          Public Advocate, Office of the - Report, 2003-2004.  (Paper No. 110)

                          Public Employment, Office for the Commissioner for - Report, 2003-2004.  (Paper No. 114)

                          Radiation Protection and Control Act 1982 - Report, 2003-2004.  (Paper No. 97)

                          RESI Corporation - Report, 2003-2004.  (Paper No. 64)

                          SA Country Fire Service - Report, 2003-2004.  (Paper No. 130)

                          SA Water - Report, 2003-2004.  (Paper No. 35)

                          South Australia Police - Report, 2003-2004.  (Paper No. 53)

                          South Australian Classification Council - Report, 2003-2004.  (Paper No. 116)

                          South Australian Film Corporation - Report, 2003-2004.  (Paper No. 80)

                          South Australian Forestry Corporation - Report, 2003-2004.  (Paper No. 135)

                          South Australian Government Captive Insurance Corporation - Report, 2003-2004.  (Paper No. 49)

                          South Australian Government Financing Authority - Report, 2003-2004.  (Paper No. 48)

                          South Australian Housing Trust - Report, 2003-2004.  (Paper No. 42)

                          South Australian Metropolitan Fire Service -

                                   Report, 2002-2003.  (Paper No. 40)

                                   Report, 2003-2004.  (Paper No. 40A)

                          South Australian Museum Board - Report, 2003-2004.  (Paper No. 8)

                          South Australian Ombudsman - Report, 2003-2004.  (Paper No. 76)

                          South Australian Psychological Board - Report, 2003-2004.  (Paper No. 102)

                          South Australian Soil Conservation Council - Report, 2003-2004.  (Paper No. 126)

                          South Australian Tourism Commission - Report, 2003-2004.  (Paper No. 155)

                          South Eastern Water Conservation and Drainage Board - Report, 2003-2004.  (Paper No. 6)

                          State Electoral Office - South Australia - Report, 2003-2004.  (Paper No. 148)

                          State Emergency Service - Report, 2003-2004.  (Paper No. 150)

                          State Opera of South Australia - Report, 2003-2004.  (Paper No. 123)

                          State Supply Board - Report, 2003-2004.  (Paper No. 99)

                          State Theatre Company of South Australia - Report, 2003-2004.  (Paper No. 96)

                          Super SA Board - Report, 2003-2004.  (Paper No. 67)

                          Technical Regulator - Electricity - Report, 2003-2004.  (Paper No. 77)

                          Technical Regulator - Gas - Report, 2003-2004.  (Paper No. 78)

 

 

 

                          Trade and Economic Development - Report, 2003-2004.  (Paper No. 169)

                          Transport and Urban Planning, Department of - Report, 2003-2004.  (Paper No. 37)

                          Treasury and Finance, Department of - Report, 2003-2004.  (Paper No. 146)

                          West Beach Trust - Report, 2003-2004.  (Paper No. 158)

                          WorkCover Corporation - Report 2003-2004.  (Paper No. 165)

 

 

 

15.

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 the Reward for Information leading to a Successful Arrest and Conviction of Bushfire Arsonists.

 

Ministerial
Statement Tabled.

 

16.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Premier concerning South Australia’s Unemployment Rate dropping below the National Rate.

 

Ministerial
Statement Tabled.

 

17.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Teachers Registration and Standards Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 8 agreed to.

                          Clause No. 9 amended and agreed to.

                          Clauses No. 10 to No. 61 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 agreed to.

                          Title agreed to.

                          Clause No. 20 reconsidered, amended and 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.

 

Teachers
Registration and
Standards Bill.

 

18.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for the River Murray (The Hon. K. J. Maywald, M.P.) concerning Lower Murray Reclaimed Irrigation Areas.

 

Ministerial
Statement Tabled.

 

19.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Legal Assistance Costs) Bill be now read a second time - be now resumed.

                 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. 20 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 Industry and Trade, 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.

 

Statutes Amendment
(Legal Assistance
Costs) Bill.

 

 

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

20.

Ordered - That the adjourned debate on the question - That the Motor Vehicles (Fees) Amendment Bill be now read a second time - be now resumed.

                 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. 5 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Motor Vehicles
(Fees)
Amendment Bill.

 

21.

Ordered - That the adjourned debate on the question - That the Criminal Law Consolidation (Child Pornography) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Criminal Law
Consolidation
(Child Pornography)
Amendment Bill.

 

22.

The Minister for Industry and Trade, without notice, moved - That the Standing Orders be so far suspended as to enable the sitting of the Council to be extended beyond 6.30 p.m. to conclude Business of the Day.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Suspension
of Standing
Orders.

 

23.

Ordered - That the adjourned debate on the question - That the Criminal Law Consolidation (Child Pornography) Amendment Bill be now read a second time - be now resumed.

                 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. 10 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Criminal Law
Consolidation
(Child Pornography)
Amendment Bill.

 

24.

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

Message No. 23

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Teachers Registration and Standards Bill without any amendment.

House of Assembly, 9 December 2004.                                                      I. P. LEWIS, Speaker.

 

Messages from
House of Assembly:
Teachers
Registration and
Standards Bill.

 

 

 

Message No. 24

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Criminal Law Consolidation Act 1935, to which it desires the concurrence of the Legislative Council.

House of Assembly, 9 December 2004.                                                      I. P. LEWIS, Speaker.

                 Bill read a first time.

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

 

Criminal Law
Consolidation
(Criminal Neglect)
Amendment Bill.

 

 

25.

The Minister for Industry and Trade moved - That the Council, at its rising, do adjourn until Monday, 7 February 2005, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day
of Sitting.

 

26.

Council adjourned at eight minutes past seven o’clock until Monday, 7 February 2005, at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

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. C. Zollo